The Pricey Pamphleteer
Posted by Craig Mazin on 10 Dec 2008 at 03:39 pm | Tagged as: WGA Issues
As promised, here’s the story of the pricey pamphleteer.
Before I get started, here’s a little background for those of you who haven’t been following the exciting serialized story known as “The WGA’s Fight To Organize Reality TV.”
In 2004, Patric Verrone began a crusade to organize the workers of reality television. He was not President at the time, but he was an officer of the WGAw and the chairman of the Organizing Committee. David Young was not the Executive Director at the time, but the head of the Organizing Department.
Here’s how Patric’s theory went.
In order to get a good contract for writers like, say, me, the WGA needed a better strike threat. In order to have an effective strike threat, the WGA needed to take away the wedge of non-union reality television, which would help fill programming hours during a WGA strike. In order to take the wedge of non-union reality television away, the WGA needed to unionize the people who made reality television and bring them in under the WGA MBA. In order to unionize the people who made reality television, the WGA would have to step away from its traditional role of representing people who create “literary material” as defined in our constitution, and start representing people who didn’t…like producer-editors, story producers or, well, just editors. And in order to represent all of those people, the WGA needed to do what it’s never done before and get a “union standards” clause, which would bind the companies to require all of their suppliers to be union shops. And in order to get alllllll of that….the WGA needed to run a corporate campaign which would attack the companies, in order to alternatively shame and pressure them into signing over all of reality to the Guild.
Oh, and somewhere in there, I think we had to start breeding unicorns and farting pixie dust, but I was always sketchy on that part.
In 2005, Patric became President. David Young became Executive Director, and David brought in his old boss from his seamstress union days to be the head of organizing. That man, Jeff Hermanson, was subsequently elevated to the number two position at the Guild, assistant executive director.
Since 2004/2005, here’s what Patric, David and Jeff have accomplished in the effort to organize reality television into the WGA.
Nothing.
Zero.
Well, let me take that back, because it’s not exactly true. We have accomplished some things.
We convinced the writers of America’s Next Top Model to go on strike. The strike failed, those writers lost their jobs, and ANTM hasn’t employed a single writer since.
We personally antagonized some of the people we have to negotiate with (Les Moonves and Dawn Ostroff come to mind) without actually achieving anything other than ill will as a result.
We launched DOA websites protesting product integration that we were told would “go viral.” Hint: if you design something to go viral, it almost certainly won’t. No exception here.
We hired dozens, if not more, new staff members to help achieve our organizing goals.
We bussed and flew and housed lots of people to San Francisco and Puerto Rico in an effort to stop people from watching American Idol.
We spent millions and millions of dollars, all provided by the dues of working writers.
Last but not least, we actually did strike without having reality under our contract. And even though Verrone had suggested this would make us a toothless dog, we proved that we don’t need reality.
Here’s what we haven’t done.
We haven’t organized a single true reality show1, much less an entire production company or network or industry.
Not one. In four years.
After millions of dollars.
So…what to do? Time to abide by the old Einsteinian saw and cease doing the same thing, expecting a different result?
Nope.
You see, this reality organizing strategy refuses to die. You can shoot it, stab it, feed it poisoned cakes and throw it into the icy river, but like Rasputin, it just won’t go down.
Unlike Rasputin or the Terminator, it doesn’t try and sway your monarchs or kill Sarah Connor.
It just eats money.
Day after day, week after week, fiscal year after fiscal year…this beast burns through our dues, accomplishing nothing, making no dent…
But you came to find out about the pamphleteer.
A few weeks ago, Jeff Hermanson, along with three other staffers, was arrested at the Hollywood & Highland Mall for handing out fliers protesting American Idol. The charges were likely baloney…trespassing or what have you. But that’s not what caught my eye. What caught my eye was that Hermanson was out there doing this. Still.
Union staff salaries are public record. Jeff Hermanson makes about a hundred and fifty grand, and this is what we have him doing? Standing on corners handing out leaflets? Is that what it’s come to? The number two staffer in our union is doing something that pointless, that ineffective, that useless?
I’m sure the arrest itself was something of a high note, as it might have given the whole affair a patina of old-time labor heroics, but the old-time labor heroes actually got stuff done. We’re not.
Now I’ve taken many pains to suggest that people who actually do the job of writing on these shows are being mistreated. They do deserve the benefits that come with union representation. That’s why we should drop this nonsense of using them as a strike wedge against the companies, and just do the job of organizing them show by show under a separate collective bargaining agreement. By not doing that, we’re holding all of those people hostage to our own misguided strike strategy.
Meanwhile, we’re not only failing reality writers, but we’re failing our own members. It takes TEN MILLION dollars of earned income to generate the dues to cover Mr. Hermanson’s salary each year.
Ten million dollars.
I should think that for the ten million dollars of earned income, we’d be getting someone who is spending his time either revamping a complete failure of a strategy, or creating a new and effective strategy for other areas we sorely need to organize, such as basic cable. But standing on a corner handing out pamphlets to tourists? Because we actually think that’s going to make a dent in American Idol’s ratings? Like zombies, the reality organizers keep stumbling through their old routines, not realizing they’ve been dead for years.
I submit that Jeff Hermanson is passing out fliers to anyone bored enough to reach for one because he really doesn’t know what the hell else to do.
It’s a sign, don’t you think?
As a dues-payer, I really feel like we deserve better.
Reality writers really really deserve better….and fast.
- There are certain variety game shows, like Smarter Than A 5th Grader, that we have organized, but they aren’t true reality programs like Survivor or American Idol or other shows that don’t feature a new contestant for each episode [↩]


Craig, you sound like an engineer dealing with mathematicians.
The Engineer said, “Well, we have food, but how do we get to it?”
The Physicist said, “Simple. I use my eyeglasses to focus the sun’s rays and we make fire. Then we put a can of beans on the fire, and as soon as sufficient steam pressure builds inside the can, it will burst and we can eat.”
The Engineer said, “Okay, but to minimize the loss of material during the bursting, I’ll build a rock chimney and we’ll place the can inside. Then when it bursts, the beans will stay in one place. And in case the can or beans shoot out the top of the chimney, I’ll work out a trajectory and put clean rocks down to catch the ejecta.”
“Wait, wait, wait,” said the Mathematician. “First, half of the beans in the can will burn by the time it bursts. Second, the rest of the beans will get all dirty, and I don’t like sand in my food.”
“You got a better idea?” asked the Physicist and the Engineer.
“Of course,” replied the Mathematician. “We merely assume a can opener.”
I can think of almost no one to whom I could tell that joke and expect laughs…but I laughed anyway.
That was pretty funny.
BTW Craig, what are your thoughts on someone scribbling out the Chris Nolan’s possessory credit on The Dark Knight screeners for WGA members?
http://defamer.com/5107746/
Seems kinda silly, because I dont think anyone would not vote for a film simply because of that issue.
Orswellian:
I am on record as hating the possessory credit. I will never take it.
But this is just moronic. So stupid. Like sharpie-ing out Nolan’s “film by” credit undoes the fact that he has the credit?
Oy. Our leadership must be really bored.
Okay, I’ll weigh in again because this is an issue near and dear to me. Here’s the deal, the WGA is a guild about, by, and for writers. Regardless how far down on the food chain some writers think reality shows are, they still have people on those shows who are writers. They write. No way around it. So the WGA needs to decide if they represent all writers or just those who think their words are more important. It’s a class system right now and I hear from many WGA members that reality and game show writers are in steerage, while they are on the top deck. Personally, I don’t believe that to be true. It takes a lot of talent to write for reality and game. Unless you’ve been there and done that, you may not understand. Do people who write films look down on episodic writers? Do episodic writers look down on sitcom writers? Do sitcom writers look down on soap opera writers? Where do we draw the line on what constitutes writing and who should be treated fairly?
I am glad the guild leadership is fighting for the rights of those who write reality and game. Not just because it will increase the leverage in case there is another strike, but because it is the right thing to do. The conditions on most of these shows are deplorable. Yet the companies are allowed to get away with that. They save a lot of money by mistreating their writers and it won’t change until they are forced to change.
What it will take to make this happen is the ENTIRE membership to get behind it? This thread is an example of how they are not. When Tyler Perry mistreated his writers and gave a proverbial middle finger to the WGA, the showrunners and membership were outraged. The letter signed by some of the top writers/showrunners, combined with pressure from other places, forced Tyler to do the right thing. It will take that same kind of unity to force companies like Fremantle to do the same thing.
I agree that Jeff Hermanson should not have been out there passing out flyers, but what you should also be outraged about is that Fremantle had WGA members and staff arrested. There should have been a major picket the next day in front of the Fremantle offices decrying their actions. American Idol is one of the top shows on television. They have writers. They treat them badly and lie about having writers. The WGA should not stop until those writers receive industry standard compensation and benefits. Period.
Organizing reality and game show writers is much harder now than ever before because those of us who write for those kinds of shows are aware of the apathy from the WGA membership and the mishandling of the organizing efforts in the past. You propose a separate contract. That’s segregation and I stand by my premise that someone is either a writer or not. As long as reality and game writers are writing, they deserve the same respect, support, and CONTRACT as anyone else who writes for television.
Off my soapbox now and appreciate anyone who bothered to read my prattling.
Jenny:
I don’t think this article is an example of how the guild membership isn’t behind getting reality show writers organized, I think this article sheds some light on why they haven’t been organized and the ineffective means the guild membership has taken to achieve this.
There needs to be some new leadership at the WGA. Because giving all those dues to the current leadership is like giving a billion dollar bailout to the auto industry. Meaning: Waste Of Time And Money.
Jenny:
Thanks for your comments. Some thoughts.
First, I don’t think this has anything to do with classism or snobbery. The WGAw currently represents game show writers, soap opera writers, news writers and…well…guys like me, right?
When you say that the WGA needs to decided if they represent reality writers, you’re misunderstanding what’s at stake. The WGA has decided, as it should, that it ought to represent all writers (with the exception, I’d say, of advertising copywriters) who create literary material as employees for use in moving pictures on a screen. Reality writers (the ones who create literary material), animation writers, basic cable writers, video game writers…
Making that decision is the easy part, though. It’s like the old Steve Martin joke. “You can be a millionaire and never pay taxes! How? First…get a million dollars…”
So you and I agree. We ought to represent reality writers.
Now. How?
We already cover the area in which Tyler Perry is working, and more importantly, the WGA could have easily put his company on the strike list and forbade any WGA writer from ever working there until he signed a deal. That’s why he signed. Not because showrunners signed an ad. That stuff is window dressing.
We have no such leverage against the reality producers.
I’m not outraged that Fremantle had Jeff Hermanson arrested. First off, I think it was mall security that did it, and secondly, I don’t care. Arresting Jeff Hermanson is a meaningless act that changes nothing about the state of affairs between the WGA and Fremantle. We are no further from or closer to a contract with that company.
It’s a sideshow.
You say that a separate contract is “segregation.” Well, no, it’s just a separate contract. Newswriters currently work under a separate contract. PBS writers work under yet another separate contract.
But fine. You don’t want a separate contract. You want to be part of the big MBA that I’m a part of. I will tell you something now that you will not like, but it’s true nonetheless.
It’s not going to happen. You have as much of a chance getting MBA coverage as Honda workers in Alabama have of getting a UAW contract. You can blame apathy, you can blame staff, you can blame the producers, you can blame anyone you want.
Won’t make a difference.
Unless every reality employee walks out en masse and refuses to go back to work with an MBA contract, you and everyone else who works in reality TV will toil under those substandard working conditions.
Forever.
As for deserving the same contract as the people who write sitcoms and dramas, well…”deserve’s got nothing to do with it.”
We can’t get it.
Okay? We can’t get what you want. We’re just spending money and wasting millions and years of our time and energy. We can’t get it. Isn’t that obvious by now? There is no amount of enthusiasm and joy to get you what you want.
You write “The WGA should not stop until those [American Idol] writers receive industry standard compensation and benefits. Period.”
Well, what if I think that “The WGA should not stop until screenwriters retain their copyright. Period.”???
This is just bluster. I can say that the WGA should not stop until…well…anything I desire. But that has nothing to do with the reality of actually attaining that demand.
There is a chance that we can organize reality if we decouple that from our own desire for a stronger strike threat. But you don’t want that. Amazingly, you seem willing to let yourself be used as a wedge for us, even though it pretty much guarantees you’ll get nothing for you.
For the life of me, I cannot understand that.
We draw the line on what constitutes writing here:
Is audio/visual material derived from the literary material?
If so, then its writing.
Writers in Theatrical, in Television, in Comedy/Variety, in Non-Primetime Serial, all of ‘em create works of authorship in literary form subject to copyright, which is either copied or adapted (generally, both) into audio/visual material, also subject to copyright.
Does the audio/visual exist before the written material, or not derived from the written material?
It’s not writing.
As to where we draw the line at who deserves to be treated fairly:
If we’re talking about who deserves to be represented by the Guild, its simple: creators and adaptors of literary material. Says so right in the WGAW constitution.
But, don’t sweat it: it’s not like WGAW leadership and staff consider the WGAW constitution anything more than a legal contract requiring writers to pay dues.
-Ted
I think it’s fair to think there’s at least a LITTLE “classism and snobbery” involved. I don’t personally believe that’s what’s ultimately standing between coverage for reality writers, but I definitely walked more than one picket line where some folks observed that reality writing was not “real” writing.
(and here’s the funny part where you insert your own least favorite show/movie as an example of “real” writing.)
But classism and snobbery aside, the problem with complete coverage under the “Reality TV” banner is that Reality TV currently blankets all manner of shows. There’s shows where they get X number of people, put them in a house together with unlimited alcohol, and just see who kills each other first. Not a word written in advance.
Then there are shows where the participants are told, “You stand here, you say this, and then do this. Improv whatever you want, just make sure you say this and do this.”
Perhaps the participants aren’t working from the written word. Perhaps the “written word” in this case is just an idea rather than a thought-out line of dialogue. But somebody has something written down before they start shooting.
There’s at least one WGA show that follows that identical format… “Curb Your Enthusiasm.” I myself haven’t seen anybody debating the validity of that show’s WGA coverage.
I’m biased. I’m pro-union. I believe ALL reality writers deserve union coverage of some kind. If that coverage is a separate contract with the WGA, or some get covered by the WGA and others by the Editor’s Guild or all of them get covered by a new, Reality-based union… whatever. But at the very, very least… there are some reality writers out there that should be currently covered by a WGA contract of some kind, because they are creating literary material (as smartly and consistently defined by Ted). I’m not in favor of singling these folks out from other reality writers, or that they “deserve” coverage more, but just by the very definition of what they’re doing, we’re failing to protect “real” writers.
JP:
Some of what leadership calls “reality writing” is not, in fact, real writing.
That’s not snobbery. It’s just the truth.
Our leadership will tell you that if someone takes a transcript from a video tape of people talking, and then arranges lines of transcribed speech into a continuity, that this is “writing.” It is not. It is what editors and producers do.
Rearranging transcribed speech is not the same thing as creating literary material.
Nor is rearranging audio-visual material in order to “tell a story.” That’s editing. Again, our leadership would like you to believe that this is writing. And again, it is not.
If someone sits down and writes a single sentence for a reality show…a sentence that did not exist prior to that someone conceiving it and penning or typing it…then that someone is writing for a reality show.
And yes, that’s real writing.
Here is the part I don’t understand. The WGA went on strike — a general strike — and included in its demands coverage of reality writers. What further evidence is required that the WGA membership is supportive of that goal?
Doesn’t the primary responsibility for organizing a particular shop fall upon the workers in that shop?
Non-rhetorical question: what, specifically, can the WGA and its members do, consistent with the law and the WGA constitution, that will actually help reality writers unionize? And what, specifically, must those reality writers do for themselves to achieve that goal?
Craig,
I think anybody can clearly see you’ve thought about the matter, and have made an informed decision that there are different types of reality writers, some deserve coverage, and some do not.
I do think, however, there are many WGA members who do not know, or care, about the difference. They lump “Reality” under the same definitions as the reality producers do (which is any type of show they can get away with making non-union), without giving the necessary due diligence or thought to the matter. And I believe that if they don’t care to learn more about protecting even just the reality writers who are doing “real” writing, then that counts as classism and snobbery.
And there have been several very vocal WGA members who have cited quality of the product as the reason Reality shouldn’t be covered — “Reality appeals to the lowest common denominator,” etc. And perhaps Reality isn’t ever going to be a high-quality end product. But quality has never been a factor in determining which movie, TV show, sitcom, game show, etc. has been covered in the past, so naturally, it shouldn’t here.
We can decide as a Guild that we represent this type of reality writer and not that type. That’s fair, that’s how politics work. I just think we’re currently still in-fighting over the idea of representing ANY reality writers, when we should have long moved past that.
(And yes, if the leadership is overzealous in their definition of who should be covered, then we should absolutely be discussing that. I think the leadership has made a lot of missteps when it comes to Reality. I would just be thrilled to move to an actual second step in this process, five years later or however long it’s been, rather than still being hung on the first step of “Should we?”)
Jp
One of the tenets of the reality organizing campaign has been, reality writers are being denied overtime wages. The Guild has helped reality writers file overtime suits, and has publicized decisions in those suits against employers as victories in the reality organizing campaign.
The MBA covers writer-employees that are classified as “professional employees” under California wage law. “Professional employees” are exempt for the purposes of overtime, regardless of whether they are working under a collective bargaining agreement or not.
So, regardless of anything else the Guild has said or done, the Guild itself has advanced the legal argument that, whatever it is that reality writers do, they are not writers as defined in the MBA, and do not provide MBA-defined writing services — and the state of California has affirmed that legal argument.
Setting aside the overtime issue for a moment:
Another legal position the Guild has taken, as evidenced in our pattern of demands in the last negotiation: the Guild maintains that reality falls under the Guild’s jurisdiction, as established by the MBA: Appendix A.
This means, in order for reality writers to be covered under the MBA, they must provide services writing literary material as defined and covered by Appendix A.
Appendix A does not cover any services, including writing services, provided by anyone employed in capacities that are not covered by another Guild contract. So, anyone employed on a reality show in the capacity of, say, “Executive producer”, “Supervising Producer,” Story producer” or “Story Editor,” cannot be covered under the MBA, regardless of whether they provide writing services or not.
Appendix A also specifically excludes from the definition of “literary material” any material written by any on-air performer for him/herself to perform exclusively on air. This is the real reason the Guild has not and will not pursue disciplinary action against Jay Leno — or Jon Stewart or Ellen Degeners or etc – for violation of strike rules: there was no legal basis for the Guild’s claims that Leno et al. were violating the strike order in the first place.
And, of course, the A-H exclusions all apply in Appendix A. So, saying to a contestant something like, “Talk about how you’re not here to make friends, you’re here to win” is not writing as defined by the MBA. Neither is bridging material written during the editing process, save where it is written by someone specifically employed in the job of “writer.” The MBA also excludes from the definition of literary material/writing services any notes — in any form, including outlines — prepared by non-writer employees.
So here again, a legal argument advanced by the Guild itself says that whatever it is reality writers do, they are not “writers” as defined by the MBA, and do not provide MBA-defined writing services.
-Ted
Thanks for your usual well-reasoned and educated thoughts, Ted.
Couple thoughts of my own –
If, ultimately, we as a Guild were to decide that, as you note, the material produced for Reality doesn’t fall under the MBA jurisdiction, and that Reality folk were on their own to unionize, that at least would be better than the limbo things currently are in. At the very least, the Reality writers would know the score, rather than given false hope for our support, and WGA members could know that more of our resources won’t be used for a battle we don’t believe to be ours. But I feel like we need to get past the “Is We Is or Is We Ain’t” part to make any progress one way or the other.
I can see “bridging material” ultimately not falling under the MBA. Fair enough. But there are many Reality shows where the Participants (and I only call them Participants because I don’t want to cross the tricky line of calling them Actors, since that’s a whole ‘nuther union battle) are not just told to connect thoughts, but to create whole scenes based on an outline. Again, the same form as “Curb Your Enthusiasm.” And again, the Participants may not see the literary material/outline/Post-It Note with the ideas on it they’re working from, but that doesn’t mean it doesn’t exist.
As I alluded to in my original post, I find myself wondering if a separate Reality Union isn’t a better answer to these problems anyway. In years past I’ve been of the opinion that Reality should fall into the pre-established Guilds, but the world of entertainment has changed so much, maybe we’re trying to squeeze square pegs into round holes. But if “Curb Your Enthusiasm” and, say, “The Hills” have the same working process, we still need to decide which pegs go to the WGA, and which to this theoretical Reality Union.
Jp
First of all, thanks to those who took the time to respond. I’d like to address a few comments here, please pardon my lack of formatting skills:
CRAIG WROTE: “First, I don’t think this has anything to do with classism or snobbery. The WGAw currently represents game show writers, soap opera writers, news writers and…well…guys like me, right?”
Although they may represent those categories of writers, it is not even handed when it comes to standing up for their rights. Take games shows for instance, there are only a scare few that are guild shows right now. Currently, none of Fremantle’s game shows are guild and they own the rights to Goodson’s library of show ideas. They have, and continue, to roll out newer versions of classic game shows and from what I hear, they are talking to the guild about making their new Match Game guild, but that hasn’t debuted yet. Why they are planning to allow them covering only one of their shows is anybody’s guess. I believe only Jeopardy and Fifth Grader are guild, while all the others are non-guild. Spending money on organizing all the other game shows, especially prime time ones, is worthwhile. (to Ted) The MBA currently covers game shows…the fact that there is not tremendous outrage by the membership over the fact that many game shows on the air right now are non-guild speaks volumes about priorities. What do you think the guild’s membership would do if half of all sitcoms or episodics were non guild contracts. Why are the networks allowed to air these game shows if they have a deal with the WGA?
CRAIG WROTE: “We already cover the area in which Tyler Perry is working, and more importantly, the WGA could have easily put his company on the strike list and forbade any WGA writer from ever working there until he signed a deal. That’s why he signed. Not because showrunners signed an ad. That stuff is window dressing.”
I disagree. He signed because of major pressure and bad press from many insiders. He would have been happy to continue using non-union writers. My feeling is that this great pressure was a result of the fear by membership that if one successful “sit-com” company can ignore the guild it would only be a matter of time before others would. It would turn into the situation we currently have with game shows.
CRAIG WROTE: “There is a chance that we can organize reality if we decouple that from our own desire for a stronger strike threat. But you don’t want that. Amazingly, you seem willing to let yourself be used as a wedge for us, even though it pretty much guarantees you’ll get nothing for you. For the life of me, I cannot understand that.”
For the life of me I can’t understand how you got that from what I wrote. Whatever it takes to include ALL writers in the WGA is what I want. By including all game show and reality writers in the guild it would definitely make the muscle of a strike threat bigger. I’m not asking to be used as a wedge, but as a way to cover ALL writers.
TED WROTE: “So here again, a legal argument advanced by the Guild itself says that whatever it is reality writers do, they are not “writers” as defined by the MBA, and do not provide MBA-defined writing services.”
It’s impressive that you are so knowledgeable with the WGA constitution and MBA, but at the same time you seem to imbue them with some sort of inflexible biblical power. Television changes at an alarmingly fast rate. What was fair, just, and representative of writing even five years ago is not the same as it is today. Simply put, the constitution and MBA need upgrading, Version 2.0 if you will, to reflect the needs of now and the foreseeable future. The definitions in Appendix A are not the Ten Commandments. It’s time to rewrite them. The wording of what constitutes writing does not seem to be written by anyone who has ever worked on a reality or game show.
JP WROTE: “I think anybody can clearly see you’ve thought about the matter, and have made an informed decision that there are different types of reality writers, some deserve coverage, and some do not.”
I agree with this and everything JP wrote…so JP must be a genius! But seriously, there can be a compromise here in terms of what should be considered writing and what is something else. Again, rewriting the MBA by people who understand reality and game shows is what is needed, IMO.
JP ALSO WROTE: “We can decide as a Guild that we represent this type of reality writer and not that type. That’s fair, that’s how politics work. I just think we’re currently still in-fighting over the idea of representing ANY reality writers, when we should have long moved past that.”
Bingo! Those who have worked in reality know who the writers are, as opposed to who the editors and other non-writing staff is. Despite the protest that there is no snobbery from the membership towards reality and game show writers, it does exist and has cockblocked the ability to provide ALL writers who work in television their right to fair and industry standard compensation.
STUART WROTE: “Here is the part I don’t understand. The WGA went on strike — a general strike — and included in its demands coverage of reality writers. What further evidence is required that the WGA membership is supportive of that goal?”
My answer to that question would be – because many members screamed for it to be taken off the table. It was. At least Patric apologized for throwing us all under the bus.
STUART WROTE: Doesn’t the primary responsibility for organizing a particular shop fall upon the workers in that shop?
Primarily yes. But that’s easier said than done. Sure, walking off the job en masse would be an effective strategy, but most of the writers on these shows are not in the WGA. They don’t even realize what the benefit of being a WGA member entails. I’ve heard the argument many times from members that “they should walk off the job.” But if the shoe was on the other foot it would not be so easy to take off and throw at the President, if you know what I mean!
It is going to take a collaborative effort and that is what the organizing campaign is about. The leadership admitted they dropped the ball with how they handled the Top Model protest. There is an example of how nothing changed when all the writers walked off their job. Even with the WGA on their side, well some in the WGA, those writers did not return to their jobs with a contract.
STUART WROTE: “Non-rhetorical question: what, specifically, can the WGA and its members do, consistent with the law and the WGA constitution, that will actually help reality writers unionize? And what, specifically, must those reality writers do for themselves to achieve that goal?”
Great questions and obviously with no easy answers or it would have already been done by either or both sides. One way is to do what JP suggested and clearly define who is a writer and who isn’t. Another good thing would be to rewrite the MBA to reflect the current media. Beyond that I don’t have any answers for your question and I think that is part of the problem right now, no one seems to.
Wow, I just wrote a novella! Sorry to all about that but I respect each person who responded on this topic and wanted to address as many points as possible. This concludes my broadcast day. Thanks again to all for the discussion.
Jenny
I do want to note that “Intervention” and “The Dog Whisperer,” both of which are true reality, not game shows, are both WGA-covered shows. I come at the issue from a different perspective, as I’ve been volunteering for the WGA Network Organizing Committee; as someone who is both low-level and non-WGA, I don’t have a current stake in the project, since I don’t pay dues, but I definitely plan on joining the WGA as soon as I’m eligible, so feel a strong future stake in protecting the Guild in whatever way I can.
Craig, I’d be interested to hear more about how you’d go about organizing reality writers–a separate contract? A separate union altogether? My primary concern would be that any such proposal for a separate contract at this stage might be taken as a sign of weakness, and we’d simply be negotiating against ourselves.
JP:
You wrote:
“I believe that if they don’t care to learn more about protecting even just the reality writers who are doing “real” writing, then that counts as classism and snobbery.”
Well, classism is a loaded term, but I’m certainly on board with it being snobby and hypocritical, so we seem to agree.
Jenny:
You wrote:
“Whatever it takes to include ALL writers in the WGA is what I want. By including all game show and reality writers in the guild it would definitely make the muscle of a strike threat bigger. I’m not asking to be used as a wedge, but as a way to cover ALL writers.”
Okay, well what if what it takes is a separate collective bargaining agreement between the WGA and the companies to cover reality programming? That’s the way to get you guys covered, IMO. Why do you require us to rewrite the MBA to handle both the round and square pegs?
This is what I don’t get.
I know why Patric wants you guys under the MBA. He wants us all to be able to strike at once.
But why do you want to be under the MBA? What if I said to you that I could get you all of the things you want, including WGA coverage and membership…but under a separate agreement, the way we cover newswriters and PBS writers? Would that be acceptable to you? If not, why?
Jp –
Curb Your Enthusiasm isn’t really germane to the issue of reality organizing.
When I’ve heard Guild organizers talk about that show as an example, its simplified down to something like “Originally, HBO claimed the show wasn’t written. But Larry David was writing outlines for every episode, they just didn’t call him a writer. So the Guild put on some pressure, and they admitted, okay, yeah, its written. So now Larry David gets writing credit on every episode, and the show is covered under the MBA.”
Something like that, right?
What really happened was, HBO was already signatory to the MBA. The Guild put pressure on Larry David that amounted to, convincing him to insist on getting “Story by” credit on-screen for the outlines he was writing in his capacity as “producer.” Because MBA-signatory HBO could not give him the Guild-controlled “Story by” credit without contracting him in the capacity of “writer,” once David was convinced, that’s all it took.
The controlling circumstance there, of course, was: the production company was already signatory to the MBA.
There’s also the fact that Curb Your Enthusiasm falls under the dramatic Television articles in the main body of the MBA, rather than Appendix A, under which the Guild maintains reality series fall. As I pointed out above, there’s exclusions that apply under Appendix A that don’t apply under the dramatic Television articles.
-Ted
CRAIG WROTE:”Okay, well what if what it takes is a separate collective bargaining agreement between the WGA and the companies to cover reality programming? That’s the way to get you guys covered, IMO. Why do you require us to rewrite the MBA to handle both the round and square pegs?”
Because one union is more powerful than several unions. I don’t see writers on reality and game as round pegs and writers on sitcoms, episodic, features as square ones. I see us all as “writers.”
CRAIG WROTE: “This is what I don’t get. I know why Patric wants you guys under the MBA. He wants us all to be able to strike at once.”
That is a good thing. The last WGA strike would have been much shorter if FOX and other networks that make big profits with reality and game, were shut down. No?
CRAIG WROTE: “But why do you want to be under the MBA? What if I said to you that I could get you all of the things you want, including WGA coverage and membership…but under a separate agreement, the way we cover newswriters and PBS writers? Would that be acceptable to you? If not, why?”
What I don’t get is why you and others want to separate writers, but only some writers. Why then do you not advocate many different unions – WGAFeature, WGASitcom, WGAEpisodic, WGAGameshows WGADocumentary? How weak would the union be if it was all fragmented like that? In unity comes strength. I would get a better contract if I was part of a whole, as you would. From what I recall, the CBS (or NBC) newswriters went without a contract for years(?)before finally signing an agreement.
The MBA as it stands does cover game shows, but the WGA has not exerted enough force or the membership shown much outrage over the fact that most companies that produce game shows do so non-union, a direct slap in the face to the WGA. They should be met with the same pressure that was put on Tyler Perry.
Bottom line is, when it comes to television and film, someone is either a writer or not. Time to stop the elitist mentality and make sure ALL writers are represented.
Obviously, I am not going to change anyone’s opinion here, nor will you mine. But I think the discussion is important and appreciate all opinions on the subject.
Jenny
No, I only see them as what they are: legal contracts. One of which requires the agreement of the AMPTP to change.
So, because there’s employees in the film and television industry working in jobs that do meet the definition of “writer” in the MBA who nonetheless want to be working in jobs covered by the MBA …. the MBA is inadequate as a collective bargaining agreement covering writer-employees in the film and television industry?
And so, employees who actually are doing the job of “writer” as defined by the MBA should devote as much of their collective resources and leverage as it takes to forcing the AMPTP to agree to change the terms of the MBA so they can accommodate the employees who don’t do the job of “writer” as its currently defined in the MBA?
The MBA’s definition of “writer” does not need to be changed. In fact, did it ever occur to you that maybe the reason the minimum terms of employment in the MBA are what they are is because the MBA covers the job of “writer,” as its defined in the MBA?
And that the MBA does not cover the work process of writing, or the intellectual labor required by the writing process, but instead covers the work product that is result of the intellectual and physical labor required by the writing process?
And that the significant part of the MBA’s definition of “writer” isn’t “provides services of writing,” but “provides services of writing literary material“?
That maybe the terms of the MBA are what they are because the Companies put a particular value on literary material as its defined in the MBA?
-Ted
Craig,
“… we seem to agree.”
Amen.
Jenny,
“… JP must be a genius!”
Bless you.
Ted,
I had no idea there was any controversy about how “Curb” got coverage. I guess I assumed that because David was already a WGA writer, HBO started from the premise that it was covered, so learning it wasn’t is new to me. I also didn’t quite realize it was brought up as a previous example by Reality-organizing types. I am either the genius Jenny says I am for coming to it on my own, or a dolt for being the only guy still harping on it.
Anyway, does it particularly matter how it got covered? It seems to fit the definition of “literary material”… they’ve published David’s outlines in Written By, for the world to see. If a so-called “Reality show” uses that same format, can we not agree a precedent has been set, and it should be covered? It certainly wouldn’t cover the grand majority of Reality shows — most Reality writers would still be on their own to get a deal. But any baby steps would be cool.
(Are you and I even disagreeing, by the way? I feel like we agree on the broad premise, and are maybe debating semantics…)
Jp
Jenny:
You wrote:
“Because one union is more powerful than several unions. I don’t see writers on reality and game as round pegs and writers on sitcoms, episodic, features as square ones. I see us all as “writers.”
Well, sure, but newswriters out here aren’t in a different union than I. We’re both in the WGAw. One union, multiple collective bargaining agreements.
And while you don’t see reality writers as different than those in features, the fact remains that we can’t seem to get you guys into our contract. Which leads me to your next point, which is:
“The last WGA strike would have been much shorter if FOX and other networks that make big profits with reality and game, were shut down. No?”
Yes, you’re right. It would have been even shorter if we repped all animated shows, and shorter still if we repped all basic cable shows. But we don’t. So the question isn’t “What would be nice?” as much as “What would be nice that we can achieve?” Practicality has to start figuring into things, or else we’re just spending money on stuff we can’t get done.
“What I don’t get is why you and others want to separate writers, but only some writers. “
Well, I don’t want to separate anyone. I think we have to separate reality writers. When our union was formed, times were different, and the situation was different. That was then, this is now. I would prefer that reality writers be under the same contract as I. But again, and I know I sound like a broken record…we’ve been after that for four years now and we have spent millions of our dues money, and it aint’ happening. How much longer should we keep trying this strategy? Another five years? Another ten?
“The MBA as it stands does cover game shows, but the WGA has not exerted enough force or the membership shown much outrage over the fact that most companies that produce game shows do so non-union, a direct slap in the face to the WGA.”
That’s right. And it’s just as bad, if not worse, in basic cable.
We have a chance to get those shows back. We have precedent and contract on our side. With reality, we do not.
You and I seem to want the same thing. The difference is, I think, that you think we can get it as we want it, and I think we can’t.
Meanwhile, writers like me keep paying for this strategy, and writers like you keep working without a union contract. The status quo isn’t very satisfying to me, and I know it’s not to you either.
So all I’m doing is saying, “Hey, maybe we should try something new.”
Ted,
I was at the rally last year which took place outside of the Fremantle offices (on a very rainy day) and I’m pretty sure I heard Patric say in his speech that the MBA already covers reality. Do you disagree with him? And I don’t mean that as sarcasm. Also, have you ever worked on a reality show and/or seen the scripts that are generated?
If a change cannot be made to the WGA’s MBA and constitution, then I would have to agree with JP when he points out that there seems to already be a definition in place that would incorporate reality writing. And if not razor sharp specific, a definition that could be subject to interpretation. Although, I would rather see the wording updated to fit the times.
And again, since game is already covered but not enforced by the guild, what good is the MBA to begin with if it can be followed in such an arbitrary manner by the AMPTP?
Jenny
Oops…forgot to hit submit so here is my last response, again.
CRAIG WROTE: ‘So all I’m doing is saying, “Hey, maybe we should try something new.”’
With that I agree 100%!!! What we’re doing now does not seem to be working or go far enough. I do think that if the membership got behind this with the same energy and pressure that they did with Tyler Perry, we would see a crack in the ice. There has been some movement and some shows have been organized, but very little in reality. So it’s time to find a new strategy.
This is my last post on the subject. I pretty much have said everything I wanted to. I’ve read all your comments, and others, and have learned some things that I will give serious consideration to in the future with my one tin soldier fight.
Jenny
It was mentioned in the this month’s Written by article about reality. Wherein a number of people employed in reality explain exactly why, even if they were employed by MBA signatory companies, they still would not be covered under the MBA. Although I don’t think that was their intent.
The show was covered by the MBA from day one. The Guild did not have to get the Company to agree to become signatory to the MBA in order to cover Larry David as a writer, because the Company was already an MBA signatory. It was an entirely different set of circumstances than those involved in reality organizing.
That’s why I said its not germane to reality organizing.
Yes: If someone is employed in the capacity of “writer” to write literary material in the form of a story, treatment or original treatment for use in the production of a motion picture, an outline would satisfy the requirements of his contract.
Do you mean, do outlines used in reality meet the definition of “literary material” in the MBA?
Yes — provided they are written by someone employed in the capacity of “writer” and contracted to write literary material in the form of a story, treatment or original treatment for use in the production of the reality episode.
However, if the same outline is written by someone who is not employed in the capacity of “writer,” then its not literary material — whether its used in the production of reality episode produced by a non-union company, or any type of show produced by an MBA signatory.
I can explain to you why it works that way. I could also argue both why that should be changed, and why it shouldn’t be changed.
However, the fact remains, changing it requires the agreement of the AMPTP Companies — and unless they perceive changing it to be of greater benefit to them then not changing it, they will not agree.
If you were the AMPTP, would you agree to anything that could give the Guild the ability to shut down reality production at the same time as dramatic television production?
-Ted
You mean, stuff like, a couple score or so showrunners sign a letter demanding a Guild contract covering reality?
Or, how ’bout, the Guild gives financial and personnel resources to employees who stage a walkout against reality prodcos?
Or, maybe even, a thousand member-strong march and rally in support of reality organizing in front of one the network headquarters?
Oh, wait, how ’bout this: virtually every single writer currently employed by an MBA signatory refuses to deliver any contracted-for literary material, in support of the Guild’s demand for jurisdiction over reality.
Think any of that would crack the ice?
-Ted
So, inducing reality writers to go out on a wildcat strike didn’t work. And including a demand for covering reality in the MBA didn’t work.
So, back to my non-rhetorical questions: what, specifically, can the WGA and its members do, consistent with the law and the WGA constitution, that will actually help reality writers unionize? And what, specifically, must those reality writers do for themselves to achieve that goal?
gotta chime in on this…i’m a feature writer, relatively new to the guild (4 yrs.) and was a location picketing captain during the strike. during, i came in A LOT of contact with jeff. first, i’ll say, he is incredibly dedicated to the guild and strongly believes in the strength of unions. however, his, at times, blood lust for strikes and more so for activities that take place amidst — ‘actions” — was detrimental to the strike as a whole. we are not hard scrabble dock workers or assembly line robots, all with the same collective wants/needs. we are a band of artists each pushing different widgets up the hill and playing in a town where “unions” are not akin to others elsewhere. he’s not in tune with that. he’s on old school labor agitator who has been given a key to our school bus and likes to take it 4-wheeling when there’s a nice paved road over the next hill. there were many critical moments during the strike when he took not only an adversarial role with our own membership, but with our own leadership. he planned/executed on things that were simply on the table solely because they were him flexing his muscles and NOT, from a macro sense, in line with our efforts as a guild to end the strike as quickly and beneficially to all as possible. he is, as you put it, an expensive virus and i think a part of a greater problem. shit rolls down hill. if he is a face of the problem, whoever gave him the keys is the true culprit. it’s time we realize we’re not the teamsters or anyone’s political soapbox and go about the business of being the one and only thing we are, the WGA.
Rhino:
Not much else to add to that but…..yup.
Oh, and David Young and Patric Verrone gave him the keys.
I agree that most, if not all, shows called “reality” fall under areas of employment that are coved in the MBA (Appendix A: comedy-variety; quiz and audience participation; non-dramatic programs; documentary), and I’ve always agreed with it. There are terms in the MBA that could apply to employees working on reality shows.
But those terms don’t apply to all employees that work in those areas of employment. They apply only to specific employees — and the specific employees to whom those terms could apply are defined in those terms.
Which doesn’t mean, the employees must be given the job tile of “writer” — it means, the duties they are hired by the employer to fulfill, and the duties they are compensated for fulfilling, are the duties of employees covered by the MBA.
And, let me make this clear:
Based only on information provided by the Guild and in interviews with reality employees who are or have been involved with the Guild’s reality organizing efforts, it is apparent that the reality prodcos have a thorough understanding of exactly how the MBA defines the employees that can be covered under the MBA.
When reality prodcos say “Our shows aren’t written” or “We don’t have any writers,” what they really mean is, “We have made certain that we have no employees who meet the definition of employees that can be covered under the Guild’s MBA that covers “writers,” or even employees who could be classified as writer-employees for the purposes of labor law.”
I haven’t worked on a reality show, but I have worked in the industrial sector making narrative videos that did not require any type of written material that constitutes “literary material,” as its defined in the MBA (ie, no outlines, no screen/teleplays, no narration, etc.) I’ve also, for my own amusement, shot films without first writing any kind of literary material (this is possible, even though, for some reason, there are a lot of Guild members who do not consider film to be a medium of expression in-and-of-itself).
But I have seen examples of the scripts that are generated. Unfortunately, they have all amounted to transcripts of shot footage that are used in the editing of that footage. “Paper cuts,” I think one reality employee called ‘em. Not “literary material” as its defined in the MBA.
However, I have also seen written work that absolutely, inarguably constitutes “literary material” as define in the MBA (ie, pre-exists any audio/visual material that incorporates the copyrightable content of the written work).
The problem is, the responsibility for creating the literary material used in the reality production process has been diffused across a number of different employees, who typically create it in order to fulfill their assigned duties as producers or editors, rather than it being a duty they are specifically assigned by the employer.
And that’s the true deviousness of reality, and the true injustice of it: there are employees creating works of authorship in the course of their employment (which means, the prodco is the legal author and copyright owner) — but because the employees create them in the course of their employment as something other than “writers,” they are not compensated appropriately for those works.
But you won’t hear the Guild saying word one about copyright and authorship and work-made-for-hire law nowadays. The Guild’s current position is, writers under the MBA are paid for labor only — even though that’s demonstrably false.
Anyway, back on point: If reality prodcos could be convinced to consolidate that responsibility for creating literary material and assign it to specific employees as job duties — discrete from any other job duties they may also be assigned — then there would be employees in reality to whom the terms of the MBA could apply. There’s already even a form of screen credit in the MBA appropriate to such employees: “Writer of Scripted Material” (distinguishing it as show that includes both scripted and unscripted material).
But, even if that tactic might have yielded success (and, no guarantee, its still a long shot), at this point, I don’t think there’s much hope of any reality prodcos ever being convinced of doing anything that would facilitate any of their employees getting a Guild contact.
-Ted
“Now I’ve taken many pains to suggest that people who actually do the job of writing on these shows are being mistreated.”
Define mistreatment.
I know people on the staffs of many of these shows and never once have I heard them bemoan their lack of guild representation. Quite the opposite in fact.
Most of the people ‘writing’ the scripts are producers who are well compensated for their time.
No question the work hours are brutal during production, but it’s their choice to work them. Other than that I don’t know what would remotely qualify as mistreatment. (Although the craft service tables on some of the shows leave a lot to be desired).
If no one wanted to work those hours for that pay then either the owners of the shows would have to raise their wages or go out of business. Why must the guilds try to force representation down everyone’s throat whether they want it or not? Why not let supply and demand set the price?
Maybe the problem with our “union” isn’t what we’re trying to do or not trying to do, but how we view ourselves as a “union.” Maybe we need to quit thinking of ourselves as an “artistic union” and realize that we’re just a “union.” Period. The studios/AMPTP treat us as a business expense, something to be low-balled and treated like we’ll replaceable, even disposable, and if we don’t like how we’re treated, that’s tough. Maybe we should wake up and realize somebody in this town is making a ton of money on what we create, and we as artists don’t even own our own product.
The sooner we act like business people, the sooner we’ll be treated as business people, somebody to be respected and treated as an equal.
Ted said:
Because when the WGA was formed, and under the circumstances under which it was formed, and for the people who formed it, labor was a noble ideal and property — of which intellectual property and copyright is a subset — was a means of exploitation.
Not that many of those WGA founders were averse to negotiating personal contracts to obtain top dollar for the use of their intellectual property. It just felt better and was more politically correct to align oneself with the proletariat.