The Board of Directors of Writers Guild of America, West, Inc. (“WGAW” or “Guild”) has adopted Strike Rules which will go into effect if and when the Guild calls a strike. A strike can occur only after the members of WGA East and West vote to authorize a strike action.
If there is a strike, each WGAW member is required to follow these Strike Rules. The purpose of these Rules is to win the best possible contract for writers. By following these Rules, you will enable your bargaining committee to be in the best position to achieve improvements in the MBA.
Please take the time to read and review the Strike Rules in their entirety. Strict adherence by all Guild members leads to a more effective strike and ultimately a better MBA.
The basic principle behind these Rules is very simple: you (and your agent or other representative on your behalf) may not pitch to or negotiate with a struck company, and you may not provide writing services, sell or option literary material to a struck company.
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Immediately stop writing for all struck companies.
As soon as a strike is called, you must immediately stop writing for any and all struck companies. You may not continue to write or complete writing started before the strike for a struck company. You may not start writing on a new project during a strike. You may not perform writing services even if you work at home or at your own office rather than at the company's premises. This Rule also prohibits you from attending meetings, or engaging in conversations, as a writer concerning new, pending or future projects or writing assignments with producers, directors or other representatives of any struck company. You may not attend pitch meetings or communicate with a company representative to receive notes on literary material even if you intend to wait until the strike ends to make any requested changes.
With regard to programming made for non-traditional media (such as the Internet and cellular telephones), this Rule prohibits writing services performed for a struck company in connection with new programming intended for initial release on non-traditional media and the option or sale of literary material for this purpose.
With regard to animation programming, this Rule applies to all network primetime animated series covered by a WGA contract. In addition, members are prohibited from performing writing services for any struck company on a fully animated feature unless covered by a current collective bargaining agreement with another union. With respect to all other companies, other than those signatory to a current collective bargaining agreement with another union covering writing services, members are encouraged during the strike to refrain from negotiating or entering into a contract for the performance of writing services in connection with fully animated theatrical features, though this request is not enforceable through Guild discipline. Writers are advised to consult with staff at the Guild's strike headquarters to determine the extent to which animation writing is permitted or prohibited before performing any services. Members should assume that projects combining live action and animation, and live action-based processes such as motion capture, are covered by this Rule.
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Do not deliver or submit any literary material to a struck company. Do not sign or deliver documents related to writing assignments or the sale or option of literary material to a struck company.
You may not sign, deliver or submit any literary material or documents related to writing assignments or the sale or option of literary material to a struck company, or to any of its employees, agents or other representatives, either directly or indirectly through your literary agent, lawyer, accountant, assistant, secretary, messenger, copy or word processing service, via e-mail or the like. This includes literary material such as scripts or outlines, and also prohibits you from signing or delivering contracts, certificates of authorship and other transactional documents.
This Rule applies even when the negotiation of a deal was completed prior to the strike, or the effective date of the deal is intended to be deferred until after settlement of the strike.
You may, however, accept payment for writing services performed before the strike, or for a sale or option when all steps or acts except payment occurred before the strike. You may also accept payment during a strike for the sale of literary material if a struck company unilaterally elects to exercise a pre-strike option to purchase the literary material or the struck company unilaterally extends an option for literary material as long as you are not required to sign and/or deliver any transactional documents or literary material during the strike.
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Do not negotiate with struck companies for writing services, and notify agents to cease negotiations on your behalf until the strike concludes.
You may not negotiate an employment agreement for writing services or an option or sale of literary material with a struck company, even if some or all of the writing is to be done, or the sales transaction will be completed, after the strike concludes. Similarly, you may not instruct or permit your agent, other representative, or any other person to negotiate such a deal or assignment on your behalf with a struck company. Hyphenates are prohibited from negotiating new assignments for writing services even if combined with non-writing services. If you are a hyphenate, see Rule 12.
You are also required to send the following notice to your agent(s) and any other representative(s) as soon as a strike is called:
NOTICE
“On ______, 2007, following a vote by the membership of the Writers Guild of America, the WGA issued a strike order against various companies in the motion picture and television industry. You are immediately instructed to engage in no further negotiations, meetings or discussions with any struck company concerning my performance of writing services on future or pending projects, or for the sale or option of literary material I have written, alone or with a writing partner. I hereby revoke your authority to engage in any of the foregoing activities until the WGA withdraws the strike order.”
SIGN AND PRINT YOUR NAME
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Notify struck companies to return writer-owned “spec” literary material or sample scripts.
As soon as a strike is called, all Guild members are required to send the following notice to all struck companies that have in their possession any “spec” literary material or sample scripts owned by a member (or team of members). The notice to the company should be sent by certified or registered mail or hand delivered by a messenger service so that you have evidence of the company's receipt and date of its receipt. You also are required to send a copy by regular mail or facsimile to Erika Holmes at the Writers Guild of America, West, Inc.
NOTICE TO RETURN WRITER-OWNED LITERARY MATERIAL
The Writers Guild Strike Rules require that you promptly return to me all speculative literary material or sample scripts owned by me and currently in your possession, which includes the following [describe material by project name or working title]: ___________________________________________
SIGN AND PRINT YOUR NAME and show a cc: to the Guild
This notice requirement does not apply to literary material completed under employment or sold to a Company before the strike started, not does it apply to literary material optioned by a Company before the strike started.
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Do not discuss future writing assignments or the sale or option of literary material with a struck company.
During a strike, you and your agent or anyone acting on your behalf may not discuss or meet with any representative(s) of a struck company about possible post-strike employment to write literary material or the sale or option of literary material previously written by you. You and your agent may not send out writing samples to struck companies in order to garner interest in your writing services after the strike.
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Do not negotiate with a struck company for the development, financing or production of a project.
You may not negotiate directly or indirectly through agents or other representatives for the development, financing or production of any of your literary material with a struck company. Also, you may not participate as a writer in the production of your literary material during a strike.
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Honor all Guild picket lines and do not enter the premises of any struck company.
You must honor all Guild picket lines and not enter the premises of any struck company. If you are a hyphenate, see Rule 12.
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File with the Guild copies of all unproduced literary material written for a struck company (“script validation program”).
The Guild will conduct a script validation program in the event of a strike. You will be required to submit copies of all literary material to the Guild at the outset of a strike. This includes literary material already completed and delivered to a company before the strike, all writing in progress for a company currently subject to the strike, as well as any spec or sample script, if any version of it was submitted to any producer or company before the strike. The filing of these copies will allow the Guild to determine the exact status of material at the beginning of a strike and may protect you in the event allegations of strike-breaking or scab writing are made against you or another writer.
The process of “validating” literary material will be available online and in person at the Guild's strike headquarters. There will be no fee. Details on how, when and where to file
(or “validate”) literary material will be available in other Guild communications.
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You must inform the Guild of the name of any writer you have reason to believe is engaged in strike breaking activity or other scab writing.
You must inform the Guild of the name of any writer-member and non-member-you believe is engaged in strike breaking activity such as scab writing for or negotiating with a struck company. To the extent possible, be specific about the nature of the violation, including the date and place of the violation, the name of the struck company involved, and the name of the project, if any.
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You must picket and/or perform other strike support duties and cooperate with Guild committees charged with enforcement of the Strike Rules and each Guild's Constitution.
In the event of a strike, Guild members will be called upon to picket at specific locations and/or to perform other vital strike support duties, such as making or answering telephone calls or e-mail at strike headquarters. Absent a valid medical excuse, non writing employment, compelling personal circumstances [necessary child or elder care] or emergency, you are obligated to perform these duties when and where requested. If there is a personal circumstance making strike support duties impossible when requested, members are required to arrange alternate times to contribute to the strike effort.
When requested, you must also cooperate with the Strike Rule Compliance Committee in an investigation or with a trial committee convened to hear evidence concerning alleged violations of the Strike Rules or conduct prejudicial to the welfare of the Guild.
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Do not attempt to negotiate a settlement of the strike with any struck company.
However good your intentions may be, the job of negotiating a successful conclusion of a strike is in the hands of the Negotiating Committee, the chief negotiator, the officers, WGAW Board of Directors and WGAE Council. The Guild will keep the membership informed about the progress of contract negotiations and strike settlement talks.
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Additional Strike Rules pertaining to writers also employed in additional capacities ("hyphenates"):
Hyphenates (i.e. members employed in dual capacities such as writer-director, writer-producer, etc.) may not perform any writing services, including “(a) through (h)” services, for a struck company. The MBA defines “(a) through (h)” as follows:
(a) Cutting for time
(b) Bridging material necessitated by cutting for time
(c) Changes in technical or stage directions
(d) Assignment of lines to other existing characters occasioned by cast changes
(e) Changes necessary to obtain continuity acceptance or legal clearance
(f) Casual minor adjustments in dialogue or narration made prior to or during the period of principal photography
(g) Such changes in the course of production as are made necessary by unforeseen contingencies (e.g., the elements, accidents to performers, etc.)
(h) Instructions, directions, or suggestions, whether oral or written, made to a writer regarding story or screenplay
The Guild strongly believes that no member should cross a WGA picket line or enter the premises of a struck company for any purpose. Under applicable law, however, the Guild may not discipline a hyphenate for performing non-writing services. This legal restriction only extends to services that are clearly not writing services. If a hyphenate performs writing services, including “(a) through (h)”, for a struck company, or negotiates a new assignment for writing services, including (a) through (h), he/she will be subject to Guild discipline under the Strike Rules and the Guild's Constitution and By-Laws.
To avoid possible disciplinary action, hyphenates are advised to consult with Guild staff in advance for guidance on the extent of functions prohibited. Although it is impossible to contemplate every situation, it should be clear that the most inclusive interpretation of “writing” is intended. When in doubt, don't.
Hyphenates are subject to the following additional rules, though they are not enforceable through Guild discipline:
A. A hyphenate member performing non-writing services during a strike should provide the Guild with a list of the literary material, including the names of the writers of the material, utilized by him/her in the production of a television program or theatrical motion picture. Also, the hyphenate member should provide the Guild with copies of literary materials rewritten, polished or altered in any way during the strike and the names of any writers working on such materials.
B. A hyphenate member should determine and confirm that literary material on which he/she performs non-writing services is not material proscribed by the Strike Rules. In the event a hyphenate is asked to perform non-writing services on a “scab script”, he/she should refuse. In addition, the hyphenate member should report the request and deliver copies of such material to the Guild. For purposes of this Rule, a “scab script” is any literary material written or rewritten by anyone for a struck company during a strike or literary material optioned or purchased by a struck company during a strike.
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Rules pertaining to non members
The Guild does not have the authority to discipline non members for strike breaking and/or scab writing. However, the Guild can and will bar that writer from future Guild membership.
This policy has been strictly enforced in the past and has resulted in convincing many would be strike breakers to refrain from seriously harming the Guild and its members during a strike. Therefore, it is important for you to report to the Guild the name of any non member whom you believe has performed any writing services for a struck company and as much information as possible about the non member's services.
Article X gives the Guild the authority to impose discipline for violations of the Strike Rules by Guild members. Discipline may include, but is not limited to, any or all of the following: expulsion or suspension from Guild membership, imposition of monetary fines, or censure. Discipline imposed is enforceable through the courts.
Writers and Guild staff, in consultation with the Guild's legal department, will be available during normal working hours at the Guild's strike headquarters to answer questions and to interpret the application of these Rules to specific circumstances. All writers should feel free to use this service if in doubt as to a contemplated course of action.