Friday, February 8, 2008

The Cynical Mr. Cieply: The New York Times and the Writers' Strike: #4

Below is my detailed analysis of the latest from Michael Cieply, The New York Timesman in Hollywood. Michael Cieply is an anti-union, pro-management former producer for Sony. I have read close to 70 articles by Cieply, so far, and I feel that I know his world-view, inside and out. Michael Cieply's specialty is articulating the point-of-view of Hollywood deal-makers to other businessmen. He is a business writer who shows no interest in unions, labor history, or even the history of the Hollywood union movement. All that matters to the cynical Mr. Cieply is how Hollywood makes a deal and does business. Any group or person who gets in the way of "deal-making" Cieply considers an "outsider" and a wrecker, who does not deserve respect. This is true of all of his articles including the articles he has written on the industry in general. He hates writers and has always shown disdain for writers in his articles going back more than twenty years. Cieply is typical of a type of journalist who has been in the industry too long and once tried to get out only to find himself back at the journalist's desk. He looks at his old bosses through the yellow eyes of a jaundiced failure. He both envies the success of his old bosses, and hates those who are not successful. He defines success in the exact way that the Hollywood bosses proclaim success and failure. In short, Michael Cieply is a burnt-out case. The New York Times has once again shown its contempt for workers who organize into unions by assigning Michael Cieply to report on this strike.

As with some of Michael Cieply's previous articles you have to read between the lines to get the most important point. In this article, and in the one entitled Recent Moves by Guild Leaders Rattle Writers’ Talks Cieply takes the point of view of Moonves and Chernin successfully. In his articles he "reads the minds" of Moonves and Chernin in such a way that his anonymous sources could only come from people close to Moonves and Chernin. The headline of both of these articles should have been "CEO Negotiators Break Their Own Blackout Ban." But it was obvious from the beginning of the "informal" negotiations that this is what would happen. Unfortunately in closed door negotiations the advantage is always on the side of the status quo.

In the following The New York Times article by Michael Cipley is indented. I highlight the keywords and phrases that I think the reader should pay attention to. Sometimes I highlight in blue or green, instead of yellow, to emphasize special points. My commentary is in brackets and in bold.

Jerry Monaco

Rescuers Script a Possible Ending for a Strike

By MICHAEL CIEPLY

LOS ANGELES — With Hollywood writers on the brink of ending a three-month strike, they can thank this city's time-honored way of getting things done: connections.

[According to Cieply the strike came to an end because "connections" were made. It has nothing to do with the union or the unity of the WGA. It was "rescuers" who know how to "make deals" through "connections" and nothing else. As usual, Cieply shows no understanding of how strikes work, nor of how unions work. He has is deliberately ignorant of how collective action may help people fight against the odds. He is contemptuous of the very idea that solidarity bring about a settlement satisfactory to a union, so he must concentrate on the traditions of Hollywood, the tradition of back-room deals by powerful "insiders."]

Over the last two weeks, Laeta Kalogridis, a movie and TV writer and a founder of United Hollywood, a pro-union Web site, emerged as an unlikely peacemaker.

[Unlikely, why? Because she is a strike captain? Does the fact that you are a strong member of a union and that you believe in your union make you "an unlikely peacemaker"? Obviously, according to Cieply, it does. Does the fact that you might think that the business practices of the big corporations are in conflict with the interests of the workers in the industry make you "crazy" or against "peace"? Yes! According to Cieply, if you are a supporter of a union, or a founder of "a pro-union Web site" then you are not a peacemaker by definition. You are a troublemaker, and thus you are unlikely to be a constructive "deal-maker."]

Working the phones and e-mail during her forced hiatus, she operated as a conduit between David J. Young, a militant leader of the guild, and Peter A. Chernin, the News Corporation president, who was similarly protective of company interests.

[Young is a "militant leader" and Chernin is a "protective" of company interests. Union bad! Company good! Union wants battle! Company is protective mother! Ask yourself why Michael Cieply and the editors of the New York Times would never reverse this kind of phrasing? They would never allow a reporter to write: "David Young, who is protective of workers' interest" and "Peter Chernin who is a militant [ravenous?] corporate president". Why? Because it is impolite to imply that a head of a corporation is out to bleed his workers as much as possible and calling Chernin "protective" is just granting him the respect due to the powerful? On the other hand, Cieply can label a union leader anything he likes because union leaders are obviously on the "other side" in the world view of the New York Times. Union leaders are always "outsiders" or enemies of peaceful industrial relations or troublemakers according to The New York Times and its anti-union hirelings. Only union leaders that don't fight for their members are regarded with condescending respect. ]

As Ms. Kalogridis joined those trying to resolve the dispute, players on both sides finally shifted ground, most importantly on the issue of new-media compensation. That cleared the way to a deal that will be reviewed by writers in meetings here and in New York on Saturday.

[The use of the word "players" is the key to Cieply's thinking. As usual he cannot conceive of a union that actually acts like a union. He can only conceive of "players" and "deal-makers." Because he himself is failed deal-maker he is a burnt-out case who can only look at the world through the sickly yellow eyes of the cynical confidence player.]

If all goes well, the boards of the Writers Guild of America West and the Writers Guild of America East could end the walkout as early as next week, allowing production of most television dramas and comedies to resume and tens of thousands of people to return to work.

[Never except during a strike do you hear so much lamenting from the business press about all the poor people out of work. When those same peopple are put out of work by layoffs and firings and "consolidation" and "redundancy, those unemployed millions are then talked about as people who should see reality for what it is. Corporations need profits and employing these people instead of firing them would just get in the way of rationalizing the economy. ]


The breakthrough occurred on what many writers regard as a make-or-break issue: Web streaming of TV shows after their initial broadcast, which they suspect will soon replace the reruns that have paid them tens of thousands of dollars an episode.

[When Cieply talks of the point of view of the Corporate bosses he is he not so circumspect. Never in their regard does he use contingent and point of view language. When talking about Chernin or any of the other corporate bosses it is always what they "say" or "do" or "produce", never what they "regard" or "believe" or "think." The reason I highlight this is so that a reader of the NYT will learn to read such articles like a literary critic or a philosopher. The writers' and the union representatives in this strike are passive "subjects" and not active agents. They have a "point-of-view" that is never "true" or "false" or "objective" but is merely something they "regard". On the other hand, Cieply writes about the bosses and CEOs as if they are agents. What they say can be objectively verified according to The New York Times invention of this strike story. ]

Under a compromise proposal, in the third year of their deal, writers would be paid 2 percent of the revenue. In the tentative contract that the Directors Guild of America agreed to last month, on which much of the prospective writers' settlement has been modeled, producers agreed to pay $1,334 for a first year's use, and a percentage afterward.

The arrangement offers bragging rights to writers, who can claim to have won what the entertainment conglomerates said they would never give: a residual based on their gross revenue from the Internet.

[According to Cieply also this is about -- an "arrangement" to save face; an offer that will let the writers "brag" that their strike was not in vain. The implication here is that writers didn't really win a damn thing, only a few cosmetic changes to make them feel better. The further implication is that you have to treat these workers in unions like children or else they will never do what they should do anyway. Notice also that the writers have "claims" where as when CEOs are talked about they are treated as if their claims simply are "reality" itself.]

Representatives of the production companies and the writers' guilds continued their news blackout Thursday and declined to comment for this article, as did Ms. Kalogridis. But interviews with more than a dozen people involved in the possible settlement described a process so fragile that many still think that Saturday's meetings could derail it.

[ It is Saturday's meeting of the writers that might derail. And by implication it is those writers that have to be treated as if they were fragile pieces of glass. None of this has anything to do with the actual contract, actual work conditions, and actual settlement. Zeus forbid that Cieply might actually take the issues seriously. ]

As recently as last Friday, producers were preparing a "doomsday scenario," in which they were ready to declare that the talks had failed, opening the possibility of an extended strike. That the collapse was averted owed much to Ms. Kalogridis, and diplomacy that turned an icy standoff into the kind of hot-and-bothered bargaining in which Hollywood deals are forged.

[ 1) The people who head up the AMPTP talks do not actually have the job description of "producers." The people who actually fill the job description of producers are in the Producer's Guild of America. They have remained neutral in this strike. People such as Chernin, Iger, Moonves are not producers and produce nothing at all, neither in the strange Hollywood sense of the word where producer has a certain job description, nor in the common sense meaning of this word where producers actually make things. Chernin, Iger, et. al. are corporate heads, CEOs, corporate presidents. They are executives and not producers. The main negotiators in the AMPTP call their organization an organization of producers but it is in fact an organization of business employers. We live in a time where newspaper writers can't even call things by their right names and Cieply is no exception here.

2) Notice that the corporate bosses were ready to declare that the talks had failed. There is no implication that anyone but the union would be at fault in such a case. The corporate executives are poor innocent victims of union obstinacy or amateurism.

3) The usual condescension is thrown in about "hot-and-bothered bargaining." This is Cieply's "ideal" world, the world of Hollywood deal-making. In his mind there exist two "ideal worlds"; the world of Hollywood deal making and the world of normal business. Read 50 or 60 of Cieply's articles and this is what you come up with. There is business and there is weird business that occurs in Hollywood and everything else is a deviation not worth speaking about. Thus unions and people helping each other and ideas of solidarity and sticking together are all inconceivable in the world view of Michael Cieply. ]

As is often the case in Hollywood, an agent was an important link. Rick Rosen is a partner at the Endeavor agency, which represents Ms. Kalogridis. Mr. Rosen is also a lifelong friend of Mr. Chernin, who had opened informal talks with the writers — along with Robert A. Iger, chief executive of Walt Disney, and Leslie Moonves, chief executive of CBS — immediately after the directors announced their agreement on Jan. 17.

[ The superhero is the deal-maker so enter the agent. ]

Before those informal face-to-face meetings, Mr. Chernin had advised the union representatives to hire a seasoned Hollywood lawyer. If this effort did not work, Mr. Chernin and others feared, the stalemate could easily extend into the spring, when the writers' strike might well merge with one by the Screen Actors Guild, whose contract expires June 30.

[ Fatherly, Chernin, gives advice to those little writers who need help in making a deal. Fatherly Chernin was afraid that this temper tantrum of the writers might extend the strike. And then the unexplained kicker. It would be really bad if the writers' strike was merged with an actors' strike. Why? This is not explained. It is just assumed that the more powerful unions are the worse it is for "everybody". In this case everybody only includes people who count. Writers and actors and for that matter practically everybody doesn't count. Who counts? Stockholders, owners, other executives and of course profits and compensation for the big boys. Those are the things that count. It is assumed that nothing else is worth mentioning.]

But at a meeting two weeks ago, Patric M. Verrone, the West Coast writers' guild president; the chief negotiator, John Bowman; and Mr. Young did not bring in a deal maker. Instead, they spent much of the session catching up with points in the directors' deal, to the frustration of Mr. Iger and Mr. Chernin.

[ Cieply here and in the previous paragraph is fulfilling his function as spokesman for the bosses. Cieply seems to read Chernin's mind. He has read Chernin's mind in past articles also. He might be Chernin's messenger for all I know. That at least seems to be his function. More likely somebody close to Chernin is one of Cieply's anonymous sources breaking the blackout and feeding leaks to the bosses man at The New York Times. Maybe Cieply, the burnt-out case, hopes to bounce back into the business world as a Chernin man.

Those stupid writer's. They are silly that they might not want a "deal maker" who usually sides with the bosses anyway. They are also very silly in actually taking a look at the directors' deal. Don't they know that they are just supposed to accept it as a template for their deal without asking questions? Everything else is pro-forma. Even acctually knowing what is in the directors' deal is not necessary. An explanation is due here. The DGA deal was only a sketch two weeks ago. It was not known in detail. If the deal was going to be used as a template it was necessary to know what Chernin and the CEOs thought the deal was about. If you are going to have a meeting of minds over a contract it is necessary, on an elementary level to know what the other side thinks is in the contract. Even if one side understands the deal there can be no mutual understanding on a deal unless you know what the other side thinks of the same deal.

Of course, what I have just said about the mutual meetings of the mind is only true in a deal between equals. But it seems, if Cieply's mind reading powers are correct, that Chernin was annoyed about the assumption of "bargaining between equals." There is not supposed to be a meeting of minds here. The writers' are simply supposed to accept the directors' deal without question and move on to see what face-saving deals that Cherin will deign to give the writers.]

Mr. Rosen — who, according to biographical sources, grew up in Harrison, N.Y., as did Mr. Chernin — was among several Hollywood insiders who stepped forward at that point. They lobbied executives and writers to make a deal. Mr. Young had at first resisted the push for outside help, but agreed to bring in Alan Wertheimer, a high-powered lawyer whose clients have included Ron Bass and Tom Schulman, both members of the guild's board.

[Again Cieply gives everything to pragmatic deal-makers.]

As the talks resumed, the participants began to compromise. Notably, Mr. Verrone — an architect of the tough stance taken by the guild from the outset — appeared to step back somewhat after the union dropped a pet demand of his, for jurisdiction over animation and reality-television writers.

["Pet demand." This demand has nothing to do with organizing the unorganized, people who wanted to join the WGA but were fired by union busting by companies Organizing the unorganized in animation and reality television is just a pet demand of Mr. Verrone's. And after that was gone he "stepped back." Not a serious boy, obviously. ]

In the meantime, Mr. Bowman, a well-heeled television writer, became more assertive.

[ The silk-suited CEOs are never called well-healed because it is obvious that they make 45 million dollars are year and should make this much money. And the fact that Bowman is "well-heeled" makes him a potential "insider" and being an "insider" is all important to Mr. Cieply, the man who always wanted to be an insider but failed.]

Mr. Bowman's emergence as an independent voice had long been sought by company representatives, who surmised even before the strike began that he would be a more flexible bargainer than Mr. Verrone and Mr. Young. But that would happen only if he were edged away from the guild president, a friend with whom he attended Harvard in the early 1980s.

The empowerment of Mr. Bowman was rooted in a brewing rebellion on the guild negotiating committee, where a rump group feared that a longer strike could lead to a split in the union. Some committee members began asking if Mr. Young, a longtime blue-collar labor organizer who had never settled a major entertainment contract, should be ousted from his leadership role. At the same time, they privately urged growing dissident groups within the guild to sit tight.

[ All of this is largely Cieply's fantasy of how a union works. A good union is a democratic organization. Unlike corporations which have bosses good unions actually have to listen to people. What ever the relationship between Verrone, Young, and Bowman, it is not the relationship that is part of Cieply's mind reading fantasy via the corporate bosses. Even friends argue and everyone knew from the beginning that a deal including animation and reality would be the toughest nut. ]

Even as Mr. Bowman became more vocal, Mr. Young was listening closely to Ms. Kalogridis, who had become a guild confidante. Described by associates as vibrant and impassioned, Ms. Kalogridis — whose credits include the "Bionic Woman" television series — had joined with a half dozen associates to make their United Hollywood site (unitedhollywood.blogspot.com) a rallying spot for striking writers. As recently as last week, the Web site shook the continuing talks by posting a strong critique of the directors' deal by Phil Alden Robinson, the writer and director of "Field of Dreams" and a board member.

[United Hollywood is the website of the strike captains. It is the elementary duty of a reporter for a major newspaper to know what he is talking about and to report on it. Cieply fails in this area as he has often failed. Either he doesn't know or doesn't care or considers the fact irrelevant but United Hollywood is the website of the strike captains. Cieply has never once reported this elementary fact. Not once. This is significant because these are the people who are the people actually getting people out on the (very well-peopled) picket lines. These are the men and women closest to the membership and talk to them everyday and report back to the leadership. They are a conduit from the leadership to the union leadership and vice-versa. They have been very open. They have thought openly, they fought openly, disagreed openly, and debated openly. This openness is incomprehensible to an anti-union pro-deal-maker and pro-management sort such as Michael Cieply. The very idea of open debate and disagreement looks silly to him. His contempt for union democracy drips from everything he has written. But United Hollywood has been more than this. It has been exemplary of new ways for unions to get the news out to the membership, of grass roots discussion and an example of uniting the rank-and-file through debate. By the way Cieply has mentioned United Hollywood disparagingly in the past. But this is the first time he has given the websites' URL. ]

Ms. Kalogridis and her friends, in fact, had become a pipeline to the guild members holding out for sizable gains, whose support would be needed if any deal was to be reached. And she, like Mr. Bowman, had become convinced that the current round of talks must not be allowed to fail.

Perhaps more important, Mr. Young came to share that conviction. On the company side, Mr. Iger and Mr. Moonves, as well as Barry Meyer, chief executive of Warner Brothers, appeared to coalesce around the same view. Meanwhile, Mr. Chernin, who left for London in the middle of the talks but was never out of touch, hung tough on the final point: the writers' demand that companies should pay a percentage, not a flat fee, for Internet streams.

Officials of the directors' guild had already signaled that they would not object if the writers appeared to one-up them on that matter. They reasoned that writers would need to show some gain from their strike, and concluded that actual income from the Internet would remain so small in the next three years, that a percentage payment in 2010 was likely to yield little.

Mr. Young put together the ultimate compromise — a flat fee for part of the contract's life, a percentage during the rest. Ms. Kalogridis, late last week, then found herself in the thick of a bargaining process that eventually won a handshake on the point. She stressed to Mr. Rosen and others that guild members would never approve a deal that did not have a percentage payment for Web streams. Mr. Rosen became an advocate with Mr. Chernin. Mr. Chernin, at one point, invited Ms. Kalogridis to communicate with him directly. And shortly afterward, he signed off.

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