In a note to members accompanying the new Strike Rules series, the WGA answers frequently asked questions about a possible strike that could take place as early as May 2. And the answer to many of the questions is no.
The list ranges from unemployment insurance for strikers (you can’t get it in California, but you can in New York) to whether employers can cancel writing assignments and general agreements during a strike (it depends). Look below.
If there is a strike, when does it start?
A strike can occur as early as 12:01 am. Pacific time on Tuesday, May 2 starting. Guild members will be notified of the start date of a strike once a decision has been made. As always, members should be very wary of rumors of a possible strike, including its timing, and only rely on official guild communications.
I have heard from representatives and managers that the guild is extending the contract until June or July. Is it true?
NO. An extension of the deadline is not planned. Unless you hear it directly from the WGA, you have to assume the rumor is nothing more than that.
Am I entitled to unemployment benefits if I am out of work due to a strike?
In California, striking workers are generally not eligible for unemployment benefits. In New York, workers who qualify for unemployment are eligible for unemployment benefits after waiting two (2) weeks.
Are balance payments suspended during a strike?
No, the companies must continue to pay the remaining amounts. The Guild will continue to enforce any remaining obligations.
Am I liable for breach of contract if I strike?
The MBA states that both the author’s and the company’s obligations under existing employment contracts are suspended during a strike and that the author cannot be held liable for breach of contract for observing a strike if the member fails to fulfill their contractual obligations after a strike has ended. does not comply.
If there is a strike, will the company terminate my written agreement or my contract as a whole?
The company’s right to terminate usually depends on the wording of the individual agreement or the author’s overall financial statements. If the author’s individual contract contains a force majeure provision that identifies a strike/work stoppage as a reason for termination, the company can exercise its right to terminate. Because contract language varies widely and other factors may affect the Company’s rights, you should contact the WGAW Legal Department for guidance.
What happens to my program if there is a strike – will it continue after the strike ends or will it be cancelled?
It is up to the companies to continue producing a performance interrupted by a strike.
What happens to my program if there is a strike – will it continue after the strike ends or will it be cancelled?
It is up to the companies to continue producing a performance interrupted by a strike.
Are there circumstances where I can provide typing services to an affected company during a strike?
NO. Under no circumstances may a member provide typing services to an affected company during a strike.
I understand that I cannot provide typing services during a strike, but can I still produce?
Guild members are prohibited from providing writing services during a strike, including changes or revisions of literary material (including cutting and pasting drafts already written), as well as (a) through (h) services as often occur in the editing room during the post) or at the Adjustment dialog during key photography. The guild cannot require members not to perform non-production functions, but members are encouraged to refuse to perform work for affected studios in support of the strike.
Do the strike rules apply to showrunners and other screenwriters?
Yes. Showrunners and screenwriters, like any other member of the guild, must follow the strike rules. The strike rules prohibit showrunners — or any other members — from writing during production and post-production, including (a)-(h) Writing Services. In 2007-2008, many showrunners went even further and refused to provide services to affected companies during the strike.
Do the strike rules apply to screenwriters and screenwriters?
Yes. These members must also abide by the strike rules, which prohibit the provision of typing services during a strike.
Can I direct during the strike?
The guilds cannot ban you from directing under the DGA agreement. But as a director, you may not rewrite or polish the script or provide other writing services, even if you are not hired as a writer for the project.
Am I allowed to trade during the strike?
The guilds cannot prohibit you from acting under the SAG-AFTRA agreement. But as an actor or artist, you cannot write your own or someone else’s lyrics, even if you are not hired as a writer for the project.
Members cannot write, even though they are also artists.
Can I write for an unsigned foreign producer? What about a job that falls under WGC jurisdiction?
No, you cannot write to an unsigned foreign producer. Guild Labor Rule 8 prohibits members from working for unsigned corporations. This rule applies at all times, but is especially important during a strike because of the possibility that an unsigned producer could be used as a loophole to do work for an affected company.
In the event of a strike, all Canadian waivers will be terminated and you may not continue to write about such projects during a strike.
We encourage writers to contact us with details of their situation so we can determine if they are at risk of breaking strikes.
Can I act during a strike?
No, you cannot plead during a strike.
Can I attend a general meeting during a strike?
NO.
Can I write a spec script during an alert?
You may write a spec script during a strike, but neither you nor your agents may purchase, buy or sell the spec script or take any action to encourage the future option or sale of the spec script, including co-developing the spec script with a producer, or assigning talent or other items to the project.
Can I sign an option agreement during a strike? If an option on literary material expires during a strike, can I negotiate an extension of the option?
No, you may not negotiate an option or sale of literary material, including an extension of an option agreement, with an affected company prior to a strike.
I started with a walk but didn’t deliver. Do I have to submit before the MBA expires on 1 May 2023?
No, as the MBA ends on 1 May, you do not need to submit before then. But if you don’t complete your move by May 1st and the guild calls a strike the next day, you’ll have to wait until we agree on a new MBA. Submit before May 1st if you have completed the step or need to do so to meet the writing deadline on your contract.
I have an O-1 visa – will my immigrant status be affected by participating in a strike?
NO. A writer’s immigration status is usually unaffected in the event of a strike, provided the writer complies with all normal O-1 visa rules.
Erik Pedersen contributed to this report.
Source: Deadline
Elizabeth Cabrera is an author and journalist who writes for The Fashion Vibes. With a talent for staying up-to-date on the latest news and trends, Elizabeth is dedicated to delivering informative and engaging articles that keep readers informed on the latest developments.
