Tag Archives: Unions

Sweatshop For The Laptop Set

We learned yesterday that Chris Lehane used to do damage control for the corporation trying to limit PR fallout from massive health and safety violations while building the eastern span of the Bay Bridge in San Francisco.  He’s currently plying his trade as a paid shill for studios and networks who have the simple goal of busting the Hollywood labor movement.  

Writers, (WGA head Patric Verrone) said, were looking to restore a sense of leverage and status that had been lost as ever-larger corporations took control of the entertainment business. He described Hollywood as teetering on the brink of a dark age, as far as creative types were concerned. “I think if they could do this business without us, they would, and so making our task as mechanical and simple and low-paying and unartistic as possible,” Mr. Verrone said.

The solution, he added, was to squeeze the corporations that own the studios, in an effort to represent the legion of writers on reality and animated shows that the guild had not organized through sign-up drives […]

Accusing guild leaders of pursuing “an ideological mission far removed from the interests of their members,” representatives of the Alliance of Motion Picture and Television Producers expressed outrage over continuing demands of the writers that were not strictly related to pay.

These include requests for jurisdiction over those who write for reality TV shows and animated movies; for oversight of the fair-market value of intracompany transactions that might affect writer pay; and the elimination of a no-strike clause that prevents guild members from honoring the picket lines of other unions once a contract is reached.

The tone of shock in the producers’ statement seemed a bit artificial, as Mr. Verrone has for months laid out his plan to elevate the writers’ industry status.

This is the part where Lehane picked up the story and started writing it from his suite.

Yet their anger is genuine. Executives know that to concede the writers’ noneconomic demands would lead to a radical shift in industry power.

Riiight.  See, now it’s conglomerates 99.999999%, employees 0.000001%.  If you actually gave the same benefits to everyone who generates a script, whether they did so before or after the shoot, that would shoot up to .000009%!  That’s a 9-fold increase!

And the other complaint, that a no-strike clause would be a death knell to the business, is absurd.  This is a classic strategy of divide and conquer.  Forcing union members to work and not honor another union’s strike is an attempt at isolation and union busting.  This city’s unions don’t get along that well; often they’re competing for membership (IATSE’s leader just blasted the WGA because they have some animation writers in their stable and they don’t want to lose them).  Furthermore, on any given day 1 out of 3 industry workers are unemployed.  There’s already little incentive for solidarity, and the studios want to eliminate that even further.

Let me introduce you to a new word: permalance.  I know it because I’ve been one, on several occasions.  In no other business that I know can you be working for 40 hours a week at one company for several months and not be a permanent employee.  MTV workers just learned the hard way why conglomerates do this: because it gives you no leverage.

Scores of workers from MTV Networks walked off the job yesterday afternoon, filling the sidewalk outside the headquarters of its corporate parent, Viacom, to protest recent changes in benefits.

Freelance workers from MTV Networks outside the headquarters of the company’s corporate parent, Viacom, Monday.

The walkout highlighted the concerns of a category of workers who are sometimes called permalancers: permanent freelancers who work like full-time employees but do not receive the same benefits.

Waving signs that read “Shame on Viacom,” the workers, most of them in their 20s, demanded that MTV Networks reverse a plan to reduce health and dental benefits for freelancers beginning Jan. 1.

In a statement, MTV Networks noted that its benefits program for full-time employees had also undergone changes, and it emphasized that the plan for freelancers was still highly competitive within the industry. Many freelancers receive no corporate benefits.

In other words, you’re lucky you get anything at all, so STFU.

The media business has being playing this game for years, and because most of their employees are too young to know the difference, there’s been little outcry.  The WGA labor action is shining a bright light on the practices of this industry, which is a massive profit-maker globally.  At some point, you get sick and tired of being pushed around.

Shock Doctrine and Union Busting

As you may have noticed from recent posts, I’m a big fan of Naomi Klein’s new book The Shock Doctrine. It’s one of the best books published this decade, and provides perhaps the best overview of the last 30 years yet offered. Her argument is essentially this:

The shock doctrine, like all doctrines, is a philosophy of power. It’s a philosophy about how to achieve your political and economic goals. And this is a philosophy that holds that the best way, the best time, to push through radical free-market ideas is in the aftermath of a major shock. Now, that shock could be an economic meltdown. It could be a natural disaster. It could be a war. But the idea, as you just saw in the film, is that these crises, these disasters, these shocks soften up whole societies. They discombobulate them. People lose their bearings. And a window opens up, just like the window in the interrogation chamber. And in that window, you can push through what economists call “economic shock therapy.”

She also links this to torture – quoting from CIA interrogation manuals that explain how the application of shock can open a window in which the subject is weakened and suggestible, a window that torturers or free market economists can use to push through a radical agenda that might otherwise be resisted. This works on individuals, societies…and labor unions.

It’s in this context that two recent posts from the United Hollywood blog should be understood. In it, they explain the basics of management, union-busting strategy – that a successful anti-union strategy relies on precisely these tactics of terror, disorientation, and shock to destroy worker solidarity. That the writers appear to understand this could give them a powerful advantage in their ongoing strike, and these insights not only suggest how unions can win, but how the shock doctrine and union busting are inextricably tied together.

Details over the flip…

First is a post excerpting an e-mail from Tim Lea regarding AMPTP strategy:

The AMPTP strategy…is to gain control over ‘New Media’ by breaking the unions. First us, then the rest. Then the Internet will be a non-union town.

In his book Confessions of a Union Buster, Martin Jay Levitt details the techniques he learned in his many years attacking unions. A key element is the demoralization of the union members during any industrial action against the company. Taking away people’s hopes, their aspirations for a quick resolution to any labor dispute – that was Levitt’s job. “If you can, make the union fight drag on long enough, workers…lose faith, lose interest, lose hope.”

According to Robert Muehlenkamp, an SEIU Local 1199 organizer at Harper Grace hospital in the 70’s, where Levitt was hired to consult management:

“Union busters wield great power through a program of terror and manipulation – people don’t, can’t possibly know what’s going on and who’s telling the truth…. The first time this happens to regular people, they’re terrified.”

And terror is the goal. The union buster hopes to control employees by employing terror.

This is, of course, precisely the situation we find ourselves in today. We are the example that is being used to intimidate the other unions. The studios want the actors, the directors, the Teamsters, IATSE, all to look at our struggle and see us lose. See us fractured and divided. With the hope that they will be frightened by what they see, and accept whatever deal the studios offer.

The emphasis is mine, and it reminds me EXACTLY of what Naomi Klein is describing in the shock doctrine. Terror and manipulation…”the first time this happens to regular people, they’re terrified” – that is the exact phenomenon that Klein believes has been repeatedly employed over the last 30 years to push through radical neoliberal economic policies. Whether it was Pinochet’s coup against Allende, the September 11 attacks in the US, the collapse of the Soviet Union, or Hurricane Katrina, the result is the same – societies are terrorized because they are experiencing something alien, frightening, something they never expected they’d face.

WGA West Board of Directors member Tom Schulman provides details about how union busters employ the shock doctrine in negotiations in a post, also from yesterday, in which he took copious notes from a chief negotiator for management in another sector of the entertainment industry:

Tactics:

* Lower the expectations of the other side, divide and conquer.

* Raise and lower the expectations of the other side, divide and conquer.

* Do everything possible to destroy the credibility of the other side’s leadership, divide and conquer.

* Use confidants and back channels to go over the heads of the stronger leaders to the softer targets. Divide and conquer.

* When you figure out the other side’s bottom line, offer a fraction. It’s surprising how many times that stands.

Sound familiar? If you examine the recent “leaks,” comments, and press releases from the other side, you’ll realize this is exactly the strategy the Companies are employing against us today. And why not? It’s worked for them for the last 20 years! They are putting us on an emotional roller coaster by raising and lowering our expectations, attacking our leaders, trying to pit the town against us, refusing to move on the issues that matter to us, bragging about their generosity when the opposite is true, fear mongering and claiming we’re going to ruin this industry – hoping we’ll splinter, lose faith in and attack each other, negotiate against ourselves, and cave.

Again the emphasis is mine, and hopefully you can see what I saw – a link to the “terror and manipulation” described above. These negotiating tactics are primarily designed to shock the rank and file, and the coaliton that supports the strikers. The act of rapidly raised and dashed expectations, of dramatically dividing workers and coalition partners, are all aimed at producing a moment of shock that will allow management to gain the upper hand and conclude negotiations on favorable terms – or to break the union entirely.

Schulman went on to write:

But this time, in every way possible, we must let them know we’re on to them and their strategy won’t work. We understand their game, our solidarity and resolve are greater than ever, and we’re going to stay strong – and reasonable – until we get a fair deal.

And sure enough, soon after Schulman’s post, Carlton Cuse – showrunner for Lostcame along to put to bed rumors that he was going to break solidarity, instead announcing he was ceasing any and all work on his show to stand in unity with the writers.

The key to beating the shock doctrine is to understand what is coming, to not let a disorienting event damage your unity and defense of your values, and to understand that the shock always wears off. As long as the writers do those things, they will have that much better a chance at victory in what will still be a long and difficult struggle – and perhaps point the way forward for the rest of us.

IBEW Local 440 Endorses Greg Pettis in CA 80th Assembly District Race

Re full disclosure, BlueBeaumontBoyz is a supporter and friend of Greg Pettis for Assembly.

According to Richard Oberhaus, Campaign Director for the Greg Pettis for 80th Assembly District Campaign, as of yesterday, the International Brotherhood of Electrical Workers (IBEW) Local 440 has now endorsed Pettis in his race to replace Bonnie Garcia.  IBEW Local 440 has long been active in Coachella Valley politics and Progressive Democratic circles.

Chuck McDaniel, a IBEW Local 440 leader and activist, is also a co-leader of the newly formed Desert Hot Springs Democratic Club, is a member of the Riverside County Democratic Central Committee, and attended the recent Pettis Campaign for 80th AD website preview.

Garcia, aka Barfcia due to her various verbal indiscretions and embarrassments to the District, is currently termed out and, pending defeat of the proposed ballot initiative to extend term limits, cannot again run for re-election.

The good news for Proud Progressive Democrats is that the Coachella Valley is trending blue with recent wins by Steve Pougnet for Mayor of Palm Springs, by Rick Hutcheson in the Palm Springs City Council, by Karl Baker in the Desert Hot Springs City Council, by Greg Pettis in the Cathedral City City Council, by Craig Ewing in the Desert Water Agency, and No on C.  Garcia barely won re-election in the last race against a little-known candidate, Steve Clute, who did not have the backing of all of the Democratic clubs because of his opposition to Marriage Equality.

In addition, Democrats now out-register Repugnants by 9% of the voters, i.e., 13,000 votes!  The voter registration figures are also trending Democratic across the district from Desert Hot Springs, Palm Springs, and Cathedral City in the West Valley to Indio, Coachella, and even Rancho Mirage, La Quinta, and Palm Desert in Down Valley.

Pettis has a well-funded, well-oiled candidacy and has already outraised all of his competitors combined in FundRace 2008!  In addition, Pettis already has endorsements from four of the local Democratic clubs, including the Pass Democratic Club, Desert Stonewall Democrats, Inland Stonewall Democrats, and San Diego Democratic Club.

Other labor organizations already endorsing Pettis include Building Trades of California, Cathedral City Professional Firefighters, and San Bernardino/Riverside Central Labor Council.

WGA Strike Update: Don’t Believe The Hype

The AP calls the new contract proposal from the studios to the WGA a sweetened offer.  The United Hollywood blog says otherwise.

That big, amazing proposal that the companies hinted to Nikki Finke was coming? Well, it came.

Turns out their exciting, groundbreaking proposal is… a residual rollback. And not just any rollback, one of the biggest in the history of the Guild. Then, stunningly, the companies have the balls to say their plan gives us more compensation. Well, I’m sorry, but If you take away a dollar and give me a nickel, the nickel ain’t a raise. Somewhere, Nick Counter’s first-grade math teacher is embarrassed […]

When an hourlong episode of television is streamed on the Internet, writers would get a flat $250 payment for one year of reuse. That’s $250 as opposed to, for example, $20,000 per episode when it’s reused on network television. They proposed nothing new on downloads, it’s still the DVD formula for those (ie. two-thirds of a penny for an iTunes download). For theatrical movies, they’re offering exactly $0.00 on streaming. Oh, and they want to be able to define any content they like as “promotional” — for which they would pay zero dollars. Even if they stream an entire film or tv episode, and even if they sell ads on it, they can call that promotional and pay us nothing.

Looks to me like the AMPTP responded to the positive public opinion generated by the writers by trying to get public opinion on their side over their “generous offer,” and subsequently call the writers “whiners” or something when they refuse to accept it.  With the information out now, that’s not likely to happen.

Optimism and Pessimism in the Writer’s Strike

Though there’s been a news blackout from the bargaining table, many in the entertainment community are cheered by Nikki Finke’s report that a deal is imminent in the 4 week-old writer’s strike.  Her source makes sense, saying that the agents have brokered this; they have a stake in both writer profits and studio profits, not to mention getting production back in gear again. 

However, in the wake of this impending deal we should not forget about the forgotten writer’s strike of 2006.  I’ve been saying from the beginning that the strategy of the WGA, to get as much as they can for current members instead of growing the membership, is fatally flawed, and will result in a constriction of revenue for writers as less and less spots on the TV schedule will require them.  Daniel Blau came forward last week with the inside story:

In the early summer of 2006, only one of the “Top Model” writers was involved in the union campaign. The rest of us were, at best, tangentially aware of its existence. Until, that is, the afternoon of June 21. That was the date of our first official meeting with WGA organizers. Over lunch at a Tex-Mex restaurant in Santa Monica, they spelled out the manifold benefits of guild representation: health insurance, pension contributions and credits for our work. The industry was ready for reality story editors to enter the WGA, they said. Les Moonves — head of CBS, which owned the new CW network — had been “put on notice.” There was no talk of losing our jobs. We believed the guild’s ambiguous promise, “you’ll come out of this better than you went in.”

Why only “Top Model?” one co-worker asked. Why not all reality shows? “‘Big Brother’ is ready to go out,” they told us. “So is ‘The Amazing Race.’ But you need to start the ball rolling.” We would be the vanguard. Our fellow reality scribes would take to the street inspired by our courage, they said. They bought us lunch […]

The next morning, July 20, in front of our production offices in West Los Angeles, I read our statement to about 100 supporters and the news crews, officially launching our strike. We hoisted our WGA strike signs and never entered those offices again. In the weeks to come, our supporters would dwindle, then disappear.

The last week of September, we all received letters notifying us that our jobs had been eliminated, the entire story department abolished. The guild had vanished from our cause, and the International Alliance of Theatrical Stage Employees, which represents the video editors, swooped in to unionize the show, freezing the WGA out of “Top Model” for good.

The lack of organizing for nonfiction and reality shows has given the studios a powerful fallback position which represents 25% of this season’s network schedule, and will only grow if writer benefits expand in a new contract.  This strike is noble, and from a public relations standpoint, the WGA has hit a home run.  The organizing strategy is simply flawed, and I’m not sanguine about the prospects for the future.

On Oct. 23 of this year, with talks stalled between the WGA and the Alliance of Motion Picture and Television Producers, Variety published an article summed up by this headline: “WGA gives up on nonscripted effort.” Organizing reality TV writers was one of the contract demands that the WGA was willing to toss aside to reach a deal before the Nov. 1 strike deadline, the article reported.

The next day, an e-mail with the expected rebuttal arrived from the WGA president. The guild’s reality TV efforts were as strong as ever, he said. But as far as I could tell, the only error in the Variety article was that it hadn’t been published a year earlier.

So let’s hope there’s a resolution in the offing, but one that recognizes that any show with a script – and every show I’ve ever worked on has one, be it fiction, nonfiction, reality, game show, whatever – deserves benefits for whoever created it.

(CA 80th AD) Leg. Chair of the Latino Caucus & Laborers’ Local 777 for Manuel Pérez

Another major endorsement for Manuel Pérez, who already has the strong support of last term’s Democratic candidate, Steve Clute, CA Latino Legislative Caucus Chair Joe Coto, Coachella Mayor Eddie Garcia, Imperial County Supervisor Victor M. Carrillo, Rep. John Conyers and former Congressman Esteban Torres, among others.  Manuel Perez has the strong support of LIUNA 777.   

Here’s Eddie Garcia, Joe Coto, and Manuel Pérez at La Estancia (just down Hwy 111 in Indio, great food)

Photo Sharing and Video Hosting at Photobucket

X-posted at dKos.  Much more below.  Flip it.

I was working as a field organizer in support of a ballot measure that would preserve SEIU-UHW jobs and benefits for the last several weeks (we lost, bad scene now for healthcare workers in Hemet and Menifee), so was out of the loop regarding the Pérez campaign’s day to day happenings.  Just as I get back from fighting the good fight for one union, here’s LIUNA 777 for Manuel.  Naturally.  Manuel Pérez worked the fields with his UFW parents.  Joe Mota, former director of UFW, endorsed Manuel’s campaign early on.  The CA Assembly needs an organizer, a teacher, a local hero like Manuel, and labor knows it. 

If you’ve just heard about Manuel Pérez, the best diary that introduces him is this one by David Dayen, who came out to Indio and talked with Manuel back in September.  He found, as I did, that Manuel is the real thing.  Yes, there are other Democrats in this primary, and many of the establishment in Democratic Riverside feel that Greg Pettis, Cathedral City councilman, deserves the nomination.  They say it’s his turn, he’s the most recognizable, etc.  He has the biggest warchest for the race.  Greg is a great guy, but I don’t believe in party poohbahs assigning our candidates for us.  I believe that the best representative of the people should go to Sacramento.  And for the California 80th Assembly District, Manuel Pérez represents us best, and presents the most compelling change for a district that’s had a Republican rep for far too long. 

I was bantering with a Republican from Palm Desert last month, and he was positively gleeful at the prospect of Pettis, with his money and establishment ties, getting the nod, and then losing to whomever the GOP runs.  I think that voters from Palm Springs to Calexico already recognize that we have a charismatic working class hero, a Harvard MA, a local teacher, and a community organizer who brings women’s health care to the least served communities in the 80th available to us, and we’re going to seize this opportunity to galvanize the district.  Support Manuel Perez for the California 80th AD at his Act Blue page:  Manuel Perez – Putting People First

From the campaign:

Laborer’s International Union of North America – Local 777 endorses Manuel Pérez for the 80th Assembly District; list of supporters continues to grow

Manuel Perez, Democratic candidate for the 80th Assembly District, has received the endorsement of the Laborers International Union Association, Laborers Local 777, as well as its umbrella organization, the Laborer’s International Union of North America.

‘He is a strong and clear voice for the communities he serves, and is willing to fight for fundamental rights; fair pay; fair treatment and justice; protections and security for our families; access to health care; better education and better working conditions for the residents of the 80th Assembly District,’ said Fred W. Lowe, Business Manager/Secretary Treasurer for Laborers’ Local 777.

Laborers’ Local 777 joins, a growing number of local, state and national leaders who have endorsed Manuel Perez for the 80th District, including Latino Legislative Caucus Chair Joe Coto; Imperial County Supervisor Victor M. Carrillo, Coachella City Mayor Eduardo Garcia, Former Assembly member and Candidate for the 80th AD Steve Clute, Former Congressman Esteban E. Torres and Congressman John Conyers, D-Michigan.

‘I am excited and honored to have received the endorsement of one of the most progressive and fastest growing Laborers’ Union in the United States.  LIUNA has been fighting for working families since 1903 and I want to be part of making history with them as we tackle the 21st Century,’ said Manuel Perez. ‘I will be an ally in the quest to create more opportunities for workers and will fight for better wages, good benefits and safe jobsites.’

Writer’s Strike: Day 3

Other labor leaders are coalescing around the writer’s strike because they know that a hig-profile action like this will have positive benefits for them, and might actually start a conversation about union representation in America.  If the adage of “If it’s not on TV, it didn’t happen” holds true, then “If it’s stopping TV, it’s REALLY happening” holds even truer.  Joss Whedon explains:

“The trappings of a union protest…” You see how that works? Since we aren’t real workers, this isn’t a real union issue. (We’re just a guild!) […] this IS a union issue, one that will affect not just artists but every member of a community that could find itself at the mercy of a machine that absolutely and unhesitatingly would dismantle every union, remove every benefit, turn every worker into a cowed wage-slave in the singular pursuit of profit. (There is a machine. Its program is ‘profit’. This is not a myth.) This is about a fair wage for our work. No different than any other union. The teamsters have recognized the importance of this strike, for which I’m deeply grateful. Hopefully the Times will too.

I love the cross-union solidarity that this strike has engendered.  It’s not just the Teamsters; Steve Carell single-handedly shut down The Office, for example.  And now Hillary Clinton has joined other Democratic Presidential hopefuls with a strong statement of support.

“I support the Writers Guild’s pursuit of a fair contract that pays them for their work in all mediums. I hope the producers and writers will return to the bargaining table to work out an equitable contract that keeps our entertainment industry strong and recognizes the contributions writers make to the success of the industry.”

No talks have been scheduled, as the studios appear to be preferring a “bleed them out” strategy, despite the WGA already conceding on expanding DVD residuals.  While I still feel that jurisdiction and expanding membership should be a strong part of any final deal, clearly the writers deserve a fair share of the profits they are instrumental in creating.

I Support The WGA Strike, Not The Strategy

The Writers Guild of America took to the streets today, beginning what promises to be a long strike in one of the largest industries in California.  I couldn’t be more in support of the people who are the lifeblood of Hollywood, the creative personnel that are the engine of the last vibrant manufacturing industry in America.  Unfortunately, I’m getting the sense that their leadership is falling back on an old union strategy of securing benefits for their existing membership rather than allowing their membership to grow, and this will have disastrous consequences for the future of the labor movement.

Two and a half years ago, I wrote a post, It’s the Unions, Stupid, which documented my experience at a Writers Guild meeting dedicated to organizing reality and nonfiction television storytellers. 

Yes, a lot of reality television is slipshod, exploitative and dumbed-down. But people don’t understand that the rank-and-file who work in it are often being as exploited as the contestants. Reality is big because of its low costs, mainly because, unlike scripted shows, it is not unionized. This has become a bargaining chip for the networks in their dealings with the Writer’s Guild, Director’s Guild, and others: take our crappy contract, or we’ll just make more reality shows.

Reality show workers make less than their counterparts in scripted TV. They work largely on weekly salaries, usually for no overtime, yet during stressful parts of production 16-hour days and weekend work are all too typical. Their credits are so amorphous that they bear no relation to the actual job worked. If a reality show is sold to another network for use in reruns, none of the workers see any residual fees. They have no employer-paid health care or pensions, and as freelancers on short-term assignments, they have little or no job security. 1 out of every 3 TV and film industry professionals are out of work on any given day in Hollywood (just go to a coffee shop at 2:30 on a Wednesday for proof).

This probably sounds whiny to many, and actually, it should. Most of these people are well-paid for the work that they do. Of course, that’s mainly because of the power of collective bargaining. The sundry labor unions have forced Hollywood to share its profits with its employees, with very few exceptions. But while reality television workers do benefit from that to a degree, they are the crack in the dike that allows the networks to cash in.

Along with hundreds of others, I signed a card at that time, in May 2005, allowing the WGA to negotiate on my behalf.  These negotiations ran up against a brick wall.  There were a couple high-profile meetings and protests.  Nothing.  There were lawsuits against production companies who were making their employees work 18-hour days, falsifying time cards, changing start dates and delaying productions that cost the employees thousands of dollars.  They resulted in brief reconciliations that were eventually rolled back.  There was a high-profile strike last year by the writer-producers of America’s Next Top Model.  The editors, who were unionized through IATSE, didn’t honor the picket line, the season of shows were finished, and those writers were not brought back the following season.  There was talk of a “wage-and-hour” campaign, to sue the production companies for overtime pay.  It never materialized.

The light at the end of the tunnel was the coming negotiations on a new contract.  Many thought that organizing reality and nonfiction storytellers would be a key bargaining chip.  After all, in the event of a strike, the studios could simply ramp their nonunion shows into production and move forward with business as usual.  So to avert the same thing happening far into the future, it made sense for the WGA to take a stand now, expand their membership, and leave the studios with less wiggle room to make a schedule during subsequent threats to walk out.  Indeed, this is exactly what the studios are saying is their alternative now.

Prime-time schedules would appear relatively unchanged for a couple of months, since a handful of episodes have already been prepared. But if the strike drags on the 2008 schedule will be heavy on reality shows (not covered by the current contracts) and reruns […]

Though CW Entertainment Chief Dawn Ostroff says they’re prepared, with new reality series like Farmer Wants a Wife and Crowned waiting in the wings, she, too, sees no advantage to striking: “It’s just better for everyone if habits aren’t broken and if people that are getting into characters and shows are able to continue to do so.”

I’m not at the bargaining table, so I can only go by the many reports I’ve seen, but it appears to me that the WGA is holding the line on DVD and Internet residuals.  Now, those are important issues that must be part of an overall agreement.  But the difference between those benefits discussions and expanding membership to other programming mirrors the central debate within the labor community; should they get as much for the dwindling numbers of union members they have, or should the focus be on expanding membership?  This is the schism that caused the SEIU and other unions to leave the AFL-CIO and form the Change To Win coalition.  Andy Stern and the other new-labor leaders firmly believe that the old paradigm is failing America, where union membership has declined to a great degree over the past 50 years.  If you give management a lifeline, a way to get their work done without having to deal with a union, they’re going to take it.  There are significantly less situation comedies in production than there were ten years ago.  There are less dramas, too, at least at the network level.

I hear the criticism that reality shows are cheap and tawdry and a major factor in the decline of Western civilization.  To a large extent I agree with it.  But if you hate reality shows, the number one thing you should hope for is that they become organized.  Ratings are only a small part of the story of reality’s success; with the exception of American Idol, that growth has leveled off.  It’s the enormous difference in production costs that has led to the burgeoning of the genre, and that’s entirely attributable to the fact that they’re nonunion.  The chain of TV and entertainment can only be as strong as its weakest link.  And I believe that, by foregrounding the monetary issues and not fighting to expand the membership, the WGA is undergoing the wrong strategy for the future, one that will ensure that their members have less opportunities to practice their craft.

United Hollywood is giving constant updates, as well as the LA Times’ Hollywood Writers blog.  I will support the strike in any way possible.  But I wish that the leadership would understand the need for a new-labor strategy, to increase the fortunes of the middle class and ensure that nobody is left behind.

The WGA Strike: What it’s all about

FULL DISCLOSURE: My company, The Pollux Group, is under verbal contract with the WGA as a communications facilitator.

The entertainment industry is one of the staples of California’s economy, and as you may know, the union that represents the vast majority of the people who write the syndicated shows we all watch-the Writers Guild of America-is going on strike.  While I prefer not to be overly judgmental about the news coverage the strike has received, I have seen news reports across a wide variety of media that mischaracterizes the position of the Writers Guild on many of the negotiating issues that are causing the strike.  I’d like to clarify what the WGA is asking for on many of the issues under contention (that is to say: this is not just a strike over DVDs by rich writers who want even more.)

Far more below.

1) Residuals.  The AMPTP (the network execs) originally wanted to implement draconian rollbacks in the residual structure paid to writers.  That’s where they started the negotiations.  Needless to say, that is completely unacceptable: at any given time, 48% of WGA members are unemployed, owing to the “per-project” payment structure of screenwriting.  The rank and file of WGA writers rely on residuals from previous work to make it day to day, and eliminating them would be catastrophic.  We’re not dealing with a bunch of greedy rich writers who are out for even more.

2) DVD sales.  As things currently stand, the WGA receives a .3% share of DVD sales.  On a $15 DVD, that amounts to a measly 4 cents paid to the people who wrote the show in the first place.  The only reason the residual rate is that low in the first place is because during the 1988 negotiations, the AMPTP argued that home video was yet an unproven market, and could be a losing investment for them.  Well, now that home video is a proven moneymaker for the studios, the WGA is asking for an increase to .6% of DVD sales.  That’s an extra 4 cents on the $15 DVD in question.  That’s it.

3) Permanent Downloads.  This is a huge sticking point, because both the WGA and the AMPTP realize that permanent digital downloading of entertainment media over the internet is the next big thing.  Even though permanent downloads are far more profitable for the AMPTP because of the lack of overhead involved (essentially, pure profit minus the hosting costs), the AMPTP wants to apply the same residual payment structure to permanent downloads that they currently do to DVD sales.  The WGA, which has already been shafted for 20 years on DVD sales, wants a greater percentage.  And just like they did with home video 20 years ago, the AMPTP is once again saying that internet downloading is too uncertain a source of revenue for the WGA to get the 2.5% (yes, two and a half cents on every dollar of internet broadcasting revenue) that they’re asking for, instead of the 3/10ths of a cent the AMPTP wants to give them.

Of course, Jon Stewart has a pithy response to that stale argument:

There are other issues involved as well: currently, writers who work on animation and reality (such as Calitics’ own David Dayen) TV aren’t under the same contract structure with the same labor protections as the WGA guildmembers who write scripted shows–but the studios and networks make just as much money off of reality as they do scripted shows, and the two are often syndicated right next to each other in the programming guide.  The WGA would like to extend the protection of their contract to writers who work on reality shows and animation.

These are the things at issue here.  And it’s not like the studios are struggling to get by either.  Just check out these stats from Viacom’s latest earnings report (by the way, notice the messages to Wall Street about Viacom’s expanding presence in the digital market?  Kind of conflicts with the whole “we don’t know how much the internet will take off” garbage they’re peddling to the WGA.

Some strike captains from the WGA have set up a group blog where you can get all the WGA strike coverage you can handle.  Come check out United Hollywood and show us your support and leave feedback.

And one last shout out: this strike wouldn’t be meaningful without the support of other Hollywood unions, like SAG and the local Teamsters 399.

The OC Register Responds to Calitics…by Reasserting Failed Conservative Ideology

UPDATE by Brian: Robert is too modest to pimp his dKos diary on the FP, so I’ll do it for him. Please give it a rec, as the story is certainly worthy of additional eyeballs.

Sunday’s article, “How Anti-Union, Anti-Tax OC Conservatives Defeated Adequate Fire Protection in 2005,” seems to have struck a nerve among Orange County conservatives. Yesterday the Orange County Register, whose editorials against Measure D in 2005 were a prime target of my article, devoted their lead editorial to the charges I laid out here on Sunday.

It’s understandable that conservatives bristle at being called to account for the catastrophic outcomes of their ideological agenda. The devastation wreaked on the Gulf Coast by Hurricane Katrina irreparably damaged the Bush Administration and set the Republicans on the long road to losing the Congress. Millions of Americans saw the effects of Grover Norquist’s “drown government in a bathtub” strategy. The Register‘s editorial pages, long devoted to a similar anti-government, anti-tax, anti-union agenda, have a clear interest in distancing themselves from last week’s disaster.

But their editorial defense does not quite achieve its objectives. The Register does not rebut the fact that OC firefighters lacked necessary equipment that Measure D would have funded. More importantly, the editorial actually reinforces my core argument – that the conservative agenda the Register and others in OC promoted is intended to leave Californians lacking adequate fire protection and placing their safety in the hands of a private market.

First, it’s worth reviewing the basic charges. Last weekend the Register‘s own reporters explained that Orange County Fire Authority lacked basic resources needed to battle back the fast-moving and unpredictable Santiago Fire in its crucial first hours:

Two of the Orange County politicians now complaining about the lack of air support for the Santiago Fire opposed firefighters’ effort to purchase new helicopters and trucks two years ago.

In fact, county officials today are sitting on more than $80 million in excess revenue from a statewide public safety sales tax adopted 13 years ago.

That surplus has been a longstanding sore spot for OC firefighters, who at times this week were so overwhelmed they had to seek refuge inside fire retardant tents.

The firefighter’s 2005 ballot initiative would have redirected a small portion of the ½ cent sales tax, providing $8 million for new helicopters and $33 million for new fire trucks.

The LA Times also reported about the shortages:

[OCFA] fire engines were staffed below national standards, it had fewer firefighters per capita than neighboring counties, and its army of men and women ready to fight the blaze may have been weakened by changes in the county’s volunteer firefighter program….

“We’re out there with a handful of crews trying to stop this big fire, and all we could do was just put out spot fires,” said Chip Prather, chief of the Orange County Fire Authority. “It would have been great to have the cavalry come in, but there were several fires burning, and it was taking time for the resources to get here.”…

The size of those crews was one way that Orange County fell below the national standard. Most of the county’s engines were staffed with three people. Four per engine is the voluntary minimum standard from the National Fire Protection Assn., a private organization that writes fire safety guidelines.

Crews with three firefighters work more slowly than larger crews, according to a study by the Insurance Services Organization, a national group that evaluates fire departments.

Todd Spitzer, a Republican Assemblymember from Orange, was another target of today’s editorial for his criticisms of equipment shortages. On Tuesday he explained the lack of resources left parts of central Orange County vulnerable on the fire’s critical first night:

The evening the Santiago fire began, Chief Prather and I stood at the Foothill (241) Toll Road and Santiago Canyon Road, watching firefighters set backfires to consume fuel that would have sent the fire into East Orange. Homes in north Tustin were threatened when the fire jumped the 261 Toll Road, potentially burning into Lower Peters Canyon. Homes in Irvine, at Jamboree and Portola Parkway, were nearly lost.

We had no relief for the “left flank” of the fire. That portion of the fire was slipping toward Foothill Ranch and northeast Irvine. But structure protection was the focus, so all our ground resources were in Irvine. I was on the phone repeatedly with the Office of Emergency Services regional command based in Riverside, which was charged with prioritizing all the requests for assistance based on need. Orange County kept getting told that the Santa Ana winds would keep the fire burning toward Irvine. We warned, however, that the fire was slipping south and if it crossed Santiago Canyon Road because of a wind shift, it would burn out of control. Our concerns were dismissed as not consistent with weather predictions.

(North Tustin, where I was born and raised, is where most of my family still resides.)

The situation Spitzer describes is fundamentally one of a shortage of resources. With more trucks, helicopters, and firefighters, Spitzer and Chief Prather’s concerns might not have been dismissed.

Yesterday’s editorial, however, addresses neither of these concers about equipment shortages. Instead they try to claim that the Proposition 172 system of allocating public safety funds worked – despite the fact that, in 2005, Steven Greenhut, the senior editorial writer for the Register, denounced California taxpayers as “weak” for having approved Prop 172 in November 1993, in the aftermath of the 1993 firestorms.

For instance, the Measure D battle two years ago was over the disbursement of Proposition 172 sales-tax funds that voters had already approved for public safety. Conservatives were on both sides of the issue as the firefighters sought to take a share of tax dollars that mostly had gone to fund the Sheriff’s Department and the District Attorney’s Office. This wasn’t about “stingy” taxpayers unwilling to pay for public safety, as the liberals allege, but about divvying up the taxpayers’ money among agencies.

But the Register’s own reporting contradicts this. To revisit the Register article discussed above:

In fact, county officials today are sitting on more than $80 million in excess revenue from a statewide public safety sales tax adopted 13 years ago.

The firefighter’s 2005 ballot initiative would have redirected a small portion of the ½ cent sales tax, providing $8 million for new helicopters and $33 million for new fire trucks.

Redirection of some Prop 172 monies toward fire protection was one of Governor Arnold Schwarzenegger’s Blue Ribbon Fire Commission recommendations – along with replacing outdated helicopters – which Measure D would have accomplished. Nor is it clear that Measure D would have negatively impacted the OC Sheriff’s Department or the District Attorney’s office as claimed. The Yes on D campaign explained – as illustrated by their mailers, which anti-Measure D blogger Matt “Jubal” Cunningham thankfully preserved for posterity – that even with this redirection of part of OC’s Prop 172 allocation, the OCSD and DA would both continue to see increased budgets from Prop 172.

The editorial points out that Orange County and San Diego County are not the only California jurisdictions with underfunded fire protection. But they neglect to explain the source of that problem – in SD, OC, and statewide, it has been 30 years of conservative anti-tax policies, from Proposition 13 to the opposition to Measure D, that has left public services destitute.

However, neither the technical details of Prop 172 allocation nor Orange County’s fire protection needs were at the heart of the conservative anti-Measure D campaign that the Register championed two years ago. As I explained on Sunday, the attack was really on unions and public employees. Greenhut compared the fight between the Sheriff’s union and the firefighters’ union to the fight between Hitler and Stalin. Cunningham believed that beating back the power of government employee unions was the main reason to oppose Measure D, even going so far as to say the firefighters threatened basic rights.

Sadly, yesterday’s editorial repeats these arguments:

We pointed out at the time that the average salary and benefit package for firefighters in all categories was about $175,000 a year.

In other words, public fire protection should come at the cost of public employees. They should have to give up health care, pensions, and pay before taxpayers are asked to reallocate already-collected monies to better tackle OC’s perennial firestorms. Apparently, the Register does not believe that firefighters should be able to afford to meet OC’s sky-high cost of living.

Finally, the editorial goes on to validate my conclusions that stinginess with public tax money would lead conservatives to suggest turning everything over to the market. As I wrote on Sunday:

It seems unlikely that Orange County conservatives will be giving up their virulent anti-tax, anti-firefighter crusade even in the aftermath of October’s firestorm. Instead we should expect them to ramp up their argument that private enterprise and the market will do a better job of fighting fires than “greedy” public sector employees.

That is precisely what the Register did in its editorial:

A broader goal would be more privatization efforts and more private ownership of land. Private firefighting firms would have a financial interest to promote prevention, and more private ownership of land would mean better-maintained property. Private owners are far better at protecting their property than public owners, who follow an entirely different set of objectives.

This is already happening here in California, as Bloomberg News reported last week:

“What we’re trying to do here is provide our policyholders an additional level of protection,” said Stan Rivera, director of wildfire protection for AIG Private Client Group. The average home insured by the unit is valued at $1.7 million….

The Wildfire Protection Unit has six trucks outfitted to spray Phos-Chek, the fire retardant used by the U.S. Forest Service. Customers can have Phos-Chek sprayed on brush surrounding their homes before each fire season. During a wildfire, the trucks are sent out whenever a fire comes within three miles of a home and spray all combustible areas.

Such protection doesn’t come cheap. It’s available only to customers of AIG Private Client Group, which serves affluent individuals and their families. The average customer spends $19,000 a year on the insurance, which may also cover yachts, art collections and ransom demands, Rivera said.

AIG Private Client Group has about 55,000 customers throughout the U.S., Rivera said. California is “one of the biggest” markets for the group, he said.

If you can’t afford this coverage, though, you’re screwed:

Some victims of the California fires may wish they had their own firemarks. During this week’s wildfires, “there were a few instances where we were spraying and the neighbor’s house went up like a candle,” Crays said.

This is the future the Register happily embraces – public fire protection should be underfunded; any attempt to rectify this is an illegitimate grab by overzealous, anti-liberty public unions and their overpaid, greedy workers; and members of the public should be on their own when it comes to fire protection, regardless of ability to pay.

For the thousands of Orange County residents who could not possibly afford this kind of fire protection, the Register’s far right ideology leaves them with nothing. Here’s to hoping that my beloved home of Orange County will finally wake up to the agenda that their conservative elite is promoting.