Q&A: January 2005 Archives
Q: I’m in the WGA, and a company that isn’t signatory to the MBA wants to hire me. They’ve agreed to become signatories, and they’ve handed me the commencement checks. I’ve done everything right, but the union is saying that because they are a “new production entity,” they need extra assurances. That’s nice, but in the meantime, all I know is my own union is keeping me from cashing a check. What gives?
A: First off, full disclosure. I’ve composed this question myself from some similar ones I’ve received.
When a company applies to become signatory to the MBA, they have to show that they will be able to meet their obligations under the MBA—current and future.
The only way to do that with new production entities (the kind that aren’t owned by the likes of Paramount or NBC) is to require them to show collateral. If they have enough assets to cover their future obligations to pay residuals, for instance, their application to become signatory will be viewed far more favorably than if they do not.
Let’s say they don’t…or as is more often the case, let’s say they simply don’t want to open their books up to the Guild.
If the Guild allows them to become signatory so that a given writer can finally cash that check they desperately need, then the union hasn’t just relaxed the rules for that writer. It has essentially opened the entire membership up to this company, and if this company is predatory or unethical, the Guild will have failed in one of its primary responsibilities.
The Guild may seem like the heavy here, but the truth is that there are hundreds of signatory companies, and many of them are small. Obviously it’s not impossible to become a signatory. If the applicant company is refusing to show proof of their worth, maybe there’s a reason they ought not be trusted. I am extremely sympathetic to writers who want (and need) to cash those checks. Alas, if the company won’t meet the basic standards of our industry, then the writer cannot accept the money.
Q: Can a WGA member sell something to a non-Guild Comedy Central show and/or get staffed on one?
A: Technically, no. Working Rule #8 states that “No member shall accept employment with, nor option or sell literary material to, any person, firm or corporation who is not signatory to the applicable MBAs.”
The key phrase is “applicable MBAs”. If you’re in the WGA and you’re attempting to work for a non-Guild show in an area where we do have an MBA (and in this case, there is an MBA for Basic Cable) then you are in violation of Working Rule #8.
However, the Board of Directors has generally declined to penalize or restrain members who work for such shows if they notify the Guild and provide them with information about the show. In this way, the Guild can work to organize the show.
As such, if you are a WGA member and have been approached about writing for a non-union show on basic cable, please contact David Young in the Organizing Department at the Guild. Just going ahead and taking the job is a violation of our Working Rules and could expose you to penalties.
