IATSE President Matt Loeb Tells Members They Have “Legal Right” To Honor WGA Picket Lines In Event Of A Strike

EXCLUSIVE: In the event of a strike by the Writers Guild, IATSE members working on struck shows have the “legal right” to honor the guild’s picket lines, though they might be replaced temporarily by non-union workers, according to IATSE president Matthew Loeb.

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With both sides talking and exchanging proposals, a writers strike still could come as soon as Monday night at midnight PT unless the WGA reaches an agreement for a new contract with the Alliance of Motion Picture and Television Producers.

“Unless prohibited by contract, employees have a legal right to honor a lawful picket line,” Loeb said in a message sent to his U.S.-based members Friday, noting that none of IATSE’s various contracts “expressly prohibit IATSE-represented employees from doing so. Employers are generally prohibited from terminating employees exercising their legal right to honor a picket line. However, employers may temporarily replace such workers with employees who are willing to cross the line and work.”

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In Hollywood, IATSE’s Basic Agreement “does not expressly prohibit employees from honoring lawful picket lines,” he wrote. “Therefore, employees working under the agreement retain their right to honor a lawful picket line.”

Outside of Hollywood, “employees are expressly permitted to honor any lawful picket line” under IATSE’s Area Standards Agreement, he wrote.

Loeb’s position is similar to one taken by the Teamsters, whose leaders recently told their members that “Teamsters do not cross picket lines.”

The “no strike” clause contained in Hollywood Teamsters Local 399’s contract states: “The Producer will not discipline any employee covered by this Agreement because of his refusal as an individual to cross a picket line, providing that such picket line has been sanctioned by the Joint Council of Teamsters, No. 42.”

All of this is good news for the Writers Guild, because if Teamsters and IATSE crews honor their picket lines, picketed productions that otherwise intend to proceed without additional writing services could be severely disrupted, if not shut down completely. SAG-AFTRA, the Directors Guild, IATSE and the American Federation of Musicians have all expressed support for the WGA in its contract talks with the AMPTP.

Loeb’s correspondence Friday follows an April 18 email that he sent out on the potential of “unlawful interrogation” of employees by employers in the lead up to a possible WGA strike. “It has come to our attention that certain companies may be inquiring as to whether or not you intend to honor a picket line at your workplace,” he wrote. “We want you to know that such inquiries are a violation of your rights under the National Labor Relations Act. We also ask that you please inform your local union immediately should any employer engage in this conduct.”  

While no hard data is available as to how many instances of such “unlawful interrogation” have occurred or been reported, sources tell Deadline that the situation has proven “serious enough” to warrant such a response. Additionally, Loeb’s April 18 email has been described as a “preventative measure” by one insider to put employers on notice that such intimidation will not be tolerated in this tense labor environment.  

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In the missive he sent out Friday, Loeb ran through the obligations his members have with respect to honoring other unions’ picket lines, as detailed in IATSE’s various contracts. Here’s his rundown of the “no strike” provisions in each of those contracts:

Contractual Obligations:
An employee’s right to respect a lawful picket line may be waived by clear and unmistakable language in a collective bargaining agreement. The IATSE is currently mid-term on all of its major film, television, and commercial production collective bargaining agreements. This includes the Basic Agreement, the Theatrical and Television Motion Picture Area Standards Agreement, the New York Production Locals’ agreements, the Low Budget Theatrical Agreement, the Videotape Electronics Supplemental Agreement, the Pay Television Agreement, and the Commercial Production Agreement. All of these contracts contain “no strike” provisions. However, the wording of these “no strike” provisions differ from contract to contract, and therefore they deserve individual attention.

Basic Agreement
The Basic Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Area Standards Agreement
Under the Area Standards Agreement, employees are expressly permitted to honor any lawful picket line.

New York Production Locals Agreements (Locals 52, 161, 764, 798, and USA 829)
Under Local 52, 161, 764, and 798’s film and television production agreements, employees are expressly permitted to honor any lawful picket line. USA 829’s film and television production agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under these agreements retain their right to honor a lawful picket line.

Low Budget Theatrical Agreement
Under the Low Budget Theatrical Agreement, employees are expressly permitted to honor any lawful picket line.

Pay Television Agreement
During the last round of negotiations for the Pay Television Agreement, the pay television companies agreed to adopt the working conditions in the IATSE’s major film and television productions contracts, with some modifications. The no-strike provisions in those contracts were not modified. Therefore, it is necessary for you to review the no-strike provision in the appropriate collective bargaining agreement. That may be the Basic Agreement, the Area Standards Agreement, or a Local agreement.

Videotape Electronics Supplemental Agreement
The Videotape Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Commercial Production Agreement
The Commercial Production Agreement does not expressly prohibit employees from honoring lawful picket lines. Therefore, employees working under the agreement retain their right to honor a lawful picket line.

Single Production Agreements (a/k/a “One-Off Agreements”)
A single production agreement may contain its own no-strike provision, or it may incorporate no- strike provisions from another IATSE film and television production agreement. Therefore, the applicable contract should be reviewed to determine if it permits employees to honor any lawful picket line.

Employer Rights
Under existing law, employers have a legal right to temporarily replace any employee who refuses to cross a picket line with employees who are willing to work. However, employers may not discharge employees for honoring a picket line except for compelling business reasons separate and apart from the employee’s decision to honor the picket line.

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