As you may have heard in the news, the Writers Guild of America (WGA) recently went on strike.

For some SAG-AFTRA stand-ins who work on WGA productions, this may have meant their productions shut down or that their productions may eventually shut down because of a lack of union-member writers to perform the work.

You may have wondered whether, as a SAG-AFTRA stand-in, you can or should go on strike.

As for the date of this post, the answer is no, you cannot lawfully go on strike right now. This is because in all likelihood, your stand-in work is covered under a SAG-AFTRA collective bargaining agreement (i.e., a CBA, sometimes referred to simply as a “contract”), and that CBA has a “no strike” clause. That clause likely says you cannot go on strike while the CBA is in effect.

Here, we’ll cover some of the SAG-AFTRA CBAs under which stand-ins commonly work and show their “no strike” clauses.

This post is not meant to be a complete or authoritative resource. If you have an interest in striking, please contact SAG-AFTRA for guidance on doing so. Here on Stand-In Central are merely practical, nonlegal insights of a general nature.

The Theatrical Agreement

SAG-AFTRA’s Theatrical Agreement covers stand-ins who work basically in feature films, in either what is know as the “Los Angeles Zone” or the “New York Zone.”

  • The work of Los Angeles Zone stand-ins is covered under Schedule X, Part I, of the Theatrical Agreement.
  • The work of New York Zone stand-ins is covered under Schedule X, Part II, of the Theatrical Agreement.

Part I and Part II are similar in many respects, but they do have meaningful differences, meaning L.A. stand-ins do not always have the same work conditions as NY stand-ins.

For L.A. stand-ins, their “no strike” clause appears at Schedule X, Part I, Section 58, “No Strike.”  It reads:

The provisions of Section 3, “Strikes,” of the General Provisions of this Agreement shall apply to the employment of background actors under this Schedule.

Similarly, for NY stand-ins, their “no strike” clause appears at Schedule I, Part II, Section 57, “No Strike,” and it reads:

The provisions of Section 3 of the General Provisions of this Agreement, “Strikes,” shall apply to the employment of background actors under this Schedule.

Materially, these passages are no different.

So what does “Section 3 of the General Provisions of this Agreement” say?

This Section 3, “Strikes,” lies outside Schedule X and appears more toward the beginning of the Theatrical Agreement.

Section 3(A) reads:

A. No-Strike Clause

The Union agrees that, during the effective term hereof, it will not call or engage in a strike affecting motion picture production against any Producer signatory hereto.

The “effective term” refers to the period of time in which the CBA applies. As of this publication date, the current effective term of the Theatrical Agreement is through June 30, 2023.

So, no sooner than June 30, 2023, can SAG-AFTRA stand-ins working under the Theatrical Agreement go on strike.

Section 3(B) follows, saying:

B. Rights and Duties of Union Members and Producers

(1) If, after the expiration or other termination of the effective term of this Agreement, the Union shall call a strike against any Producer, then each respective contract of members of the Union with such Producer shall be deemed automatically suspended, both as to service and compensation, while such strike is in effect, and each such member of the Union shall incur no liability for breach of his respective contract by respecting such strike call, provided such member shall promptly, upon the termination of such strike, and on the demand of the Producer, perform as hereinafter in this paragraph provided, and the member shall be deemed to have agreed as follows:

Before continuing, practically speaking, Section 3(B) explains if the Theatrical Agreement expires, stand-ins don’t automatically go on strike. Rather, SAG-AFTRA has to first call a strike before stand-ins go on strike. (In order for SAG-AFTRA to have the authority to call a strike, some things have to happen first, but that’s outside the scope of this article.)

Section 3(B)(1) clarifies that, practically speaking, there is no breach of contract if stand-ins go on strike under these conditions. In Section 3(B)(1), (a)-(c), the discussion seems to pertain a bit more to performers than to stand-ins, so we’ll skip those subsections.

(2) The automatic suspension provisions of this Section 3 shall not affect the Producer’s right to sue any individual performer for breach of contract arising during the period of such strike, unless such performer shall have complied with his obligations under the provisions of this Section 3.

(3) The provisions of this Section 3 shall be deemed included in all contracts between performers and Producer which are now in effect and all such contracts which shall be entered into during the effective term of this collective bargaining agreement.

Section 3(B)(2) and 3(B)(3) pertain to performers. Under the Theatrical Agreement, stand-ins are a type of background actors, and under the Theatrical Agreement, background actors are not performers, so arguably these subsections don’t apply to stand-ins.

(4) The Union agrees that it will take such affirmative action as may be necessary and lawful in order to require its members to perform their respective obligations under the provisions of this Section 3.

Section 3(B)(4) here seems to state SAG-AFTRA will exercise what it can legally to obligate “members” to accord their conduct with Section 3. Here, though, the word “member” could include those stand-ins who are “financial core” nonmembers of SAG-AFTRA. But these kinds of stand-ins could work on productions without SAG-AFTRA discipline during a strike, so it’s not exactly clear what Section 3(B)(4) is trying to say — other than reserving the right to discipline stand-ins who are full SAG-AFTRA members and choose to work a Theatrical Agreement job despite a called strike.

(5) Notwithstanding the expiration or other termination of the effective term of this collective bargaining agreement, by termination or otherwise, the provisions of this Section 3 shall be and remain in full force and effect for a period of seven (7) years following the termination of any such strike, unless this covenant be sooner terminated by the written consent of Producer and Union.

The “covenant” expressed by Section 3(B)(5) seems to say that up to seven years after a strike, the Section 3 provisions are enforceable, but not if the Theatrical Agreement is otherwise expired or terminated. Admittedly, this passage is a bit hard to understand in practice, so we’ll gloss over it. (The Commercials Contract below may provide insight into its supposed meaning. The Commercial Contract’s section seems to be a “hold harmless” clause.)

The last part of Section 3 is Section 3(C), which states:

C. Limitation on Liability

The Union is a corporation. Nothing in this Section shall enlarge the liability of its officers, directors, agents and members, this Section being an additional limitation thereon. The Union will not be held liable for unauthorized acts of its officers, directors, agents or members; neither the Union, nor its officers, directors, agents or members not participating in the actions hereinafter mentioned shall be liable for any strike, slowdown or work stoppage, unless the same be authorized by the Union in accordance with its by-laws, but the foregoing exemption of this sentence shall not apply unless the Union, upon request from the Producer affected thereby, shall proclaim promptly and publicly that such strike, slowdown or work stoppage is unauthorized and follows such pronouncement within a reasonable time thereafter, if requested so to do by the Producer affected, with disciplinary proceedings in accordance with its by-laws against the participants in such unauthorized action.

One would think a schoolteacher would criticize the writers of Section 3(C) in almost writing a run-on sentence. Clarity was not something for which the writers of this section were aiming.

Reducing it down for intelligibility, Section 3(C) basically seems to be saying (practically speaking for stand-ins) that SAG-AFTRA is effectively a single entity, and as an entity, it may only be held liable for authorized acts by its members. It is not liable for its members’ unauthorized acts. SAG-AFTRA must authorize strikes for them to occur, or otherwise the strikes are “unauthorized.” In the event of an “unauthorized” strike, SAG-AFTRA must “proclaim promptly and publicly” it is so, then proceed “within a reasonable time” to discipline those participants in the “unauthorized” strike. If SAG-AFTRA doesn’t do this, SAG-AFTRA  may be liable for the “unauthorized” strike.

It’s unclear how SAG-AFTRA would discipline “financial core” stand-ins engaged in such an “unauthorized” strike since they are “members” in terms of the Theatrical Agreement but not disciplinable members of SAG-AFTRA. Furthermore, if SAG-AFTRA failed to discipline such stand-ins, it’s unclear whether this breakage of Section 3(C) would make SAG-AFTRA liable for these stand-ins’ “unauthorized” actions.

If you’d like to read the Theatrical Agreement, the 2014 version is available online. It is unclear at publication time whether any of the above language has changed in successor agreements like the current one, expiring on June 30, 2023:

https://www.sagaftra.org/files/2014_sag-aftra_cba_1.pdf

The Television Agreement

SAG-AFTRA’s Television Agreement covers stand-ins who work in dramatic television, in either the Los Angeles Zone or the New York Zone.

SAG-AFTRA negotiates the Television Agreement along with the Theatrical Agreement. In fact, the Television Agreement uses the Theatrical Agreement’s Schedule X for stand-ins.

Effectively, that means the terms above in the Theatrical Agreement apply to stand-ins working under the Television Agreement.

If you’d like to read the Television Agreement, the 2014 version is available online. It is unclear at publication time whether any of the above language has changed in successor agreements like the current one, also expiring on June 30, 2023:

https://www.sagaftra.org/files/2014_sag-aftra_tv_agreement_7.pdf

The Network Television Code

The Television Agreement mentioned above tends to cover “dramatic television.” A different SAG-AFTRA CBA tends to cover television shows like soap operas as well as TV shows usually shot before a live studio audience. That same CBA also covers stand-in work in television promos.

That other television CBA is the Network Television Code, sometimes simply called the “Netcode.” It is also sometimes called “AFTRA Front of Book” or “AFTRA FOB,” because the Netcode is basically a CBA that AFTRA administered before SAG merged with AFTRA to become SAG-AFTRA.

For stand-ins working under the Netcode, their “no strike” clause appears at Paragraph 93, “No-Strike Clause.”  It reads:

So long as the Producer performs this Code, SAG-AFTRA will not strike against the Producer as to the performers covered by this Code in the field covered by this Code. To the extent SAG-AFTRA has agreed not to strike, it will order its members to perform their contracts with the Producer.

The Netcode’s “no strike” clause is differently worded than the one found in the Theatrical Agreement, but its effect is basically the same: as long as the Netcode is effective, SAG-AFTRA will not strike.

If you’d like to read the Netcode, the 2014 version is available online. It is unclear at publication time whether any of the above language has changed in successor agreements like the current one, expiring on June 30, 2024:

https://www.sagaftra.org/files/2014-2018_network_television_code_v13.pdf

The Commercials Contract

SAG-AFTRA’s Commercials Contract covers stand-ins who work on commercials.

Stand-ins working under the Commercials Contract will find their “no strike” clause at Section IV(59), “No Strike Clause”:

Part III of Schedule B hereof, entitled “Strikes,” is by this reference incorporated herein and made a part hereof.

So, basically, the “no strike” clause for the Commercials Contract defers to its Schedule B, Part III. Schedule B, Part III, “Strikes,” is long, stating first:

1. No-Strike Clause

The Union agrees that, during the effective term hereof, it will not call or engage in a strike affecting production of commercials against any Producer signatory hereto.

Similar to the other SAG-AFTRA CBAs mentioned above, stand-ins under the Commercials Contract won’t strike before SAG-AFTRA calls a strike.

Schedule B, Part III, continues:

2. Limitation of Liability

The Union is a corporation. Nothing in this Part III shall enlarge the liability of its officers, directors, agents, and members, this Part III being an additional limitation thereon. The Union will not be held liable for unauthorized acts of its officers, agents, directors, or members; neither the Union nor its officers, directors, agents, or members not participating in the actions hereinafter mentioned, shall be liable for any strike, slowdown, or work stoppage, unless the same be authorized by the Union in accordance with its By-Laws, but the foregoing exemption of this sentence shall not apply unless the Union, upon request from the Producer affected thereby, shall proclaim promptly and publicly that such strike, slowdown or work stoppage is unauthorized and follows such pronouncement within a reasonable time thereafter, if requested so to do by the Producer affected, with disciplinary proceedings in accordance with its By-Laws against the participants in such unauthorized action.

The liability paragraph is similar to what is found in Section 3(C) of the Theatrical Agreement.

3. Individual Contracts Beyond Term of Contract

Producer agrees that every contract (now or hereafter made) between the undersigned Producer and every Union member shall contain and shall be deemed to contain the following clause:

period of duration and until a new Contract is agreed to, Producer covenants not to bring or maintain any action or proceedings against performer because performer refrains from rendering services under this contract by reason of any strike or work stoppage (whether partial or complete) called or ordered by the Union. In such event Producer covenants (a) that neither the Union nor any of its representatives shall be deemed to have induced performer to breach this contract and (b) that for the direct benefit of the Union and its representatives, Producer will not bring or maintain any action or proceedings against them, or any of services under this Contract. Upon the resumption of work after such strike or stoppage, all the terms and conditions of this Contract shall be reinstated for the balance of the term hereof; provided, however, that, if a collective bargaining agreement covering work of the type provided for herein is signed by Producer, performer will, from and after the effective date provided for in such agreement, receive the benefit of any applicable provisions of such agreement which may be more favorable to performer than the terms of this Contract. Producer furt

The provisions of this Section C shall survive the expiration or cancellation of this Contract as to all such contracts with the Union members in existence while this Contract is in effect.

Again, this sub-part is similar to language in Section 3 of the Theatrical Agreement.

4. Waiver of Cause of Action

For the benefit of all members of the Union, and of the Union, and of all other persons and organizations, Producer hereby waives, relinquishes and releases any and all claims, rights, actions or causes of action, whether at law, equity, arbitration or otherwise, growing out of the failure of any Union member or any other person to render services prior to the execution of this Contract where such failure was occasioned by the Union members, or other persons, obedience to a strike call (or picketing in connection herewith) heretofore issued by the Union, irrespective of whether the Union member, at the time of such failure, was under contract to render services, or growing out of the issuance of such strike call or the direction of such picketing by the Union. The provisions of this Section shall survive the expiration (or termination) of this Contract and shall have the same effect as if addressed and delivered personally to every member of the Union and every other person who so failed to render services.

This sub-part does not seem to appear in the other SAG-AFTRA CBAs mentions above, at least at first glance.  Here, it seems it obligates the commercial producer to drop any claims against “members of the Union” for obeying a strike call before the execution of the Commercials Contract. In a way, this passage seems to obligate the commercial producer away from retaliating against a striking “member of the Union.” (Again, it’s not clear how this language includes or excludes “financial core” stand-ins.) In effect, it appears to be a “hold harmless” clause.

If you’d like to read the Commercials Contract, the 2016 version is available online. It is unclear at publication time whether any of the above language has changed in successor agreements like the current one, expiring on March 31, 2025:

https://www.sagaftra.org/files/sagaftra_commercial_cntrct_ebook.pdf

Final Thoughts

One important thing to note is that SAG-AFTRA sometimes negotiates their CBAs past their expiration dates.

Sometimes, that means SAG-AFTRA bargains for an extension of the CBA. Usually, that tends only to be a few days, followed soon after with a tentative agreement that its members have to ratify by vote for it to take effect.

However, for the most recent Netcode, it was lapsed for nearly a year before SAG-AFTRA ultimely reached a tentative agreement, numerously agreeing to extend the expired Netcode in the interim months.

This is all to say, a SAG-AFTRA CBA may expire, but passing that expiration date does not mean a strike is in effect. Remember: SAG-AFTRA needs first to call a strike before a strike can go into effect (aside from meeting some other criteria outside the scope of this article).

We hope this post on Stand-In Central is a helpful resource for stand-ins wondering about what to do amid a strike. Again, contact SAG-AFTRA for any specific questions or authoritative answers, as this is just a general, practical guide.

All the best!

Do you have additional questions about striking as a stand-in? Have you done so before? If so, share your experiences in the comments below!