Negotiations between SAG-AFTRA and the Alliance of Motion Picture and Television Producers (the AMPTP) failed to climax in an agreement upon the impending expiration of the Theatrical Agreement (aka the Codified Basic Agreement) and Television Agreement on June 30th, 2023.
The parties extended the agreement to July 12th.
Without an agreement on July 12th, and with authorization from its members to call a strike, SAG-AFTRA called a strike on work under the Theatrical Agreement, the Television Agreement, and some lesser related agreements, effective July 14th.
What Stand-In Work Is Effected?
Many TV/film stand-ins work under these collective bargaining agreements (CBAs). These CBAs cover stand-in work on many feature films and dramatic television series, especially in California and New York.
The portions of the Theatrical Agreement and the Television Agreement that cover stand-ins are shared between the CBAs. Those portions are Schedule X, Part I, for Los Angeles Zone stand-ins, and Schedule X, Part II, for New York Zone stand-ins.
SAG-AFTRA work on productions produced under these CBAs cannot commence until either the strike ends or the production signs an Interim Agreement with SAG-AFTRA.
(SAG-AFTRA is publishing a list of productions “signed to agreements within the scope of the strike order, but have signed Interim Agreements allowing them to resume.” It can be found linked from this page. or accessed directly here.)
Are Stand-Ins on Strike, Too?
Currently, because of SAG-AFTRA’s strike call, SAG-AFTRA stand-ins under these CBAs are on strike.
However, contrary to what may be the perception, this is not a union-wide strike.
Although the Theatrical Agreement and Television Agreement are major SAG-AFTRA CBAs, SAG-AFTRA has other CBAs with other parties covering other work and production, and SAG-AFTRA is not currently on strike in that work.
Wait, What??
For example, the Network Television Code (Netcode) is a CBA that also covers stand-in work in television, but it generally covers productions in front of studio audiences, promos, and other television programming. SAG-AFTRA stand-ins who work under the Netcode are not currently on strike, and their CBA is effective and in force.
However, because of the concurrent strike by the Writers Guild of America (WGA), many Netcode shows are not shooting, so many SAG-AFTRA stand-ins who work under the Netcode are not working as a result of that strike.
If the WGA strike ends, in theory, writers will return to Netcode shows, and these shows will commence production work. Stand-ins on these shows may return to work — even if SAG-AFTRA is still on its current strike. In fact, it may violate the Netcode’s “no-strike clause” if SAG-AFTRA stand-ins do not return to Netcode work when called. (What that tends to mean is that Netcode stand-ins may be lawfully fired if they effectively strike against their Netcode employer before the expiry of the Netcode CBA.)
Also, the Commercials Contract is a CBA that covers stand-in work in commercials. SAG-AFTRA stand-ins who work under the Commercials Contract are not currently on strike, and their CBA is effective and in force.
Information on the Strike and Picketing
SAG-AFTRA put together a website related to the current strike action: https://sagaftrastrike.org.
In addition to providing news and messages related to SAG-AFTRA’s strike, the SAG-AFTRA strike website includes many Frequently Asked Questions (FAQ) pages for members and for non-members (including those who have not “yet” joined SAG-AFTRA, those who are eligible to become a SAG-AFTRA member but are not “yet,” and those who are fi-core in SAG-AFTRA).
The website includes a FAQ about picketing, as well as picket schedules and locations.
For Stand-Ins, What Was SAG-AFTRA Seeking in Negotiations?
In an unusual step, SAG-AFTRA published the bargaining proposals it says it made to the AMPTP, and the AMPTP’s alleged response to those proposals.
Although the document (known colloquially as “the Chart”) should be treated with some healthy skepticism and respected as relatively abstract, devoid of important specifics, if the Chart is to be largely believed, SAG-AFTRA was negotiating for several agreements related to stand-ins.
From what we can see in the Chart, the following are proposals SAG-AFTRA made specifically affecting stand-ins.
Term of the Next Contracts
According to the Chart, “The parties have tentatively agreed to a three-year term.”
So, provided that holds, should SAG-AFTRA and the AMPTP come to a tentative agreement that SAG-AFTRA membership ratifies, the next agreement should extend for three years.
Although the Chart does not specify, it would be unsurprising if the new agreement is retroactive to July 13th, 2023, or even July 1st, 2023, because retroactivity tends to be negotiated between SAG-AFTRA and the AMPTP.
Minimum Compensation
SAG-AFTRA proposed wage increases to minimum compensation, in the amount of “11% general wage increase in year one, 4% in year two, and 4% in year three.”
SAG-AFTRA’s proposal added that “Without an inflation-adjusted year-one wage increase, members will be working for lower real wages in 2023 than they earned in 2020 and would likely still be working for lower real wages even in 2026.”
The AMPTP countered, proposing, “5% [general wage increase] in year one, 4% in year two, 3.5% in year three.”
It should be noted that even a 5% wage increase on minimums is an usually higher increase than typically seen in recent negotiations between SAG-AFTRA and the AMPTP. Frequently, annual wage increases were 2.5% to 3%, often with AMPTP getting SAG-AFTRA to agree to conditional wage increases of 3%, unless the Union wanted to take 2.5% increases and take more increases in benefit plans. Each time SAG-AFTRA was been presented this option, it has opted to take a lesser wage increase.
Under the last year of the CBAs, most stand-ins made $219/8 hours. Here are what SAG-AFTRA’s and the AMPTP’s proposals would look like, if they instituted them this year:
- SAG-AFTRA’s proposals would mean most stand-ins would make for 8 hours:
- about $243 in year one,
- about $253 in year two, and
- about $263 in year three.
- The AMPTP’s proposals would mean most stand-ins would make for 8 hours
- about $230 in year one,
- about $239 in year two, and
- about $247 in year three.
Wages and Working Conditions for Background Actors
Under the Theatrical Agreement and Television Agreement, stand-ins are classified as background actors. (Specifically, under Schedule X, Part II, New York Zone stand-in work is considered a type of special-ability background actor.)
SAG-AFTRA proposed improvements to background actors’ wages and working conditions.
More specifically, SAG-AFTRA proposed the following:
Equal Terms for East Coast and West Coast Background Actors
SAG-AFTRA proposed that “all background actors to be treated equally,” presumptively not happening because “Background actors are the only category under our agreements who work under different terms on the East Coast than they do on the West Coast.”
It should be noted that background actors working under different terms on the East Coast and on the West Coast is not necessarily a bad thing.
For example, with respect to late fees, background actors (and stand-ins) in the New York Zone do not have a cap on their late fees when sent untimely payment. However, background actors (including stand-ins) in the Los Angeles Zone have a $75 cap on their late fee when sent untimely payment. This means a production can send very late payment and at some point face no more economic damage or incentive to send the untimely payment. For East Coast background actors, uncapped late fees mean the longer the production goes without sending payment, the more it incurs economic damages.
SAG-AFTRA’s proposal does not say which Coast’s terms would take precedence, if either. The understandable fear would be that the West Coast’s terms would supersede the East Coast’s terms, leading to a diminishment of hard-fought gains by East Coast background actors. In Stand-In Central’s opinion, SAG-AFTRA would be unlikely to publicly disclose the rights background actors lose should their terms and conditions equalize. Also in Stand-In Central’s opinion, the differences in terms are not so major that they warrant making both Coasts’ terms and conditions the same, unless all conditions rise to their highest terms.
The AMPTP countered by rejecting the proposal.
Safe Wait Areas for New York Background Actors
SAG-AFTRA proposed that “In New York, background actors reporting before 6 a.m. should not be forced to wait in unsafe areas for public transportation.”
The AMPTP countered, in SAG-AFTRA’s phrasing, by offering “additional reporting locations that are likely to be unsafe at early morning hours.”
Hairstyling and Makeup Time
SAG-AFTRA proposed that “Background actors who have to spend their own time styling their hair and/or makeup should be compensated for one and a half hours of work time.”
The AMPTP countered by offering a “$35 flat fee.”
Note that a $35 flat fee would be roughly equivalent to 1.5 hours of work time for most background actors under the recently expired CBAs. A flat fee would mean the compensation for hairstyling and makeup time would not rise when wages rise.
“Double Duty” Working as a Stand-In and Background Actor on the Same Day
In one of the proposals more specific to stand-ins, SAG-AFTRA proposed that “Individuals required to do ‘double duty,’ working as both stand-ins and background on the same day, should be compensated at 150% of the stand-in rate for the day.”
The AMPTP countered by rejecting the proposal.
Stand-Ins Substituting in Rehearsals and Performances in Place of a Principal Performer
In another proposal more specific to stand-ins, SAG-AFTRA proposed that “Stand-ins who are required to rehearse or perform in place of a principal performer should be paid half of the principal performer rate in addition to their stand-in pay.”
However, according to SAG-AFTRA, it “Offered to withdraw for single camera shows if the AMPTP agreed to the multi-camera half-hour shows where it is a more common practice.”
Basically, SAG-AFTRA appears to Stand-In Central to admit that in, say, standard sitcoms, stand-ins rehearse or sometimes do off-camera performance in place of principal performers for no additional compensation, and as long as the AMPTP agrees to pay stand-ins in those situations half the principal performer rate in addition to their stand-in pay, then SAG-AFTRA will not require such payment when stand-ins are in the same basic situation on productions unlike standard sitcoms.
(It is unclear what prompted SAG-AFTRA to withdraw its proposal for single camera shows.)
The AMPTP rejected the proposal for single camera shows, but countered by offering “$150 for stand-ins who have to rehearse or perform in place of a principal performer on multi-camera half-hour shows.”
Photo Doubles Who Memorize and Deliver Dialogue on Camera
SAG-AFTRA proposed that “Background actors who work as the photographic double for a principal performer and are required to memorize and deliver scripted dialogue on camera, should be paid a principal day player rate without residuals.”
The AMPTP countered, offering “$150 to background actors who render services as photo doubles or deliver scripted dialogue on camera.”
Payment per Episode Worked in a Day
Background actors and stand-ins in television series may shoot multiple episodes in one day, but they receive no additional compensation when doing so.
In contrast, under different SAG-AFTRA CBAs, additional payments working on different “spots” in a day warrants additional compensation for the day. For example, on promos under the Netcode, background actors are paid per promo they work on in a day. On commercials under the Commercials Contract, extra performers (akin to background actors on commercials) usually get paid additional compensation when shooting more than one commercial on a work day (with certain exceptions).
SAG-AFTRA proposed that “Background actors should be paid for each episode they are employed in during a single day.”
The AMPTP rejected the proposal.
SAG-AFTRA “Withdrew this proposal after their rejection in an attempt to resolve other items.”
Liquidated Damages (aka “Late Fees”)
SAG-AFTRA proposed to “Increase liquidated damages due to the unacceptable trend of egregiously late payments.”
According to SAG-AFTRA, the AMPTP admitted “their companies consistently pay late,” and the AMPTP “have stated that they still will not pay on time, even with increased penalties.” The AMPTP rejected the proposal.
Artificial Intelligence
SAG-AFTRA proposed “Establish[ing] a comprehensive set of provisions to protect human-created work and require informed consent and fair compensation when a ‘digital replica’ is made of a performer, or when their voice, likeness, or performance will be substantially changed using AI.”
It should be noted that SAG-AFTRA’s proposal refers to performers, and background actors (including stand-ins) are not considered “performers” under the Theatrical Agreement or the Television Agreement.
With the said, according to SAG-AFTRA, the AMPTP’s response spoke in terms of both performers and background actors. SAG-AFTRA stated that the AMPTP “Failed to address many vital concerns, leaving principal performers and background actors vulnerable to having most of their work replaced by digital replicas.”
Etc.
SAG-AFTRA made other proposals that may touch on stand-in work generally. It may be worth reading the Chart to see if SAG-AFTRA made proposals around other interests of concern to you, and whether the AMPTP responded.
Stay Tuned …
Although SAG-AFTRA’s strike could resolve suddenly, it is widely predicted to extend for some time. Stand-ins will be largely out of work and unable to earn an income or toward their health insurance and pension credits unless they can find other unit work that is not affected by the SAG-AFTRA strike or the WGA’s strike. In the meantime, they may want to join SAG-AFTRA picket lines.
Should there be a return to work on feature films and dramatic television, based on the current proposals and objections, work may look a little — or a lot — different. Wage increases may be higher than typically expected, though with the downturn of work because of the strike, the money may help to recover from the downturn of work, rather than line stand-ins’ pockets. There may be more compensation for additional work stand-ins do that typically has gone without additional compensation, such as also doing background work, rehearsals with principal actors, or even performances. More compensation is great, but if productions require photography of stand-ins in order to turn them into digital replicas and make them unable for future work as a result, the long-term prediction may be that more compensation now does not mean greater overall compensation in the future.
What thoughts do you have from a stand-in’s perspective about SAG-AFTRA’s strike? What about SAG-AFTRA’s proposals for stand-ins? Share your thoughts in the comments below!
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