The Writers Guild of America issued a detailed set of strike rules to its members on Tuesday, advising them that they will be barred from writing, pitching or negotiating for work if a strike is called.
The guild also spelled out the rules for showrunners and other “hyphenates.” WGA members who are also producers, performers, or directors would be legally allowed to continue working, provided they do not perform any writing services.
“The Guild strongly believes that no member should cross a WGA picket line or enter the premises of a struck company for any purpose,” the guild stated. “Under applicable law, however, the Guild may not discipline a hyphenate for performing purely non-writing services.”
In a separate FAQ, the guild noted that during the 2007-08 strike, many showrunners went beyond the requirements of the strike rules “and refused to perform any services for struck companies during the strike.”
The guild also advised hyphenates who are thinking about working to consult with the guild’s staff and to abide by a simple rule: “when in doubt, don’t.”
The WGA contract expires at midnight on May 1, and a strike could be called any time after that if a new agreement is not reached. The guild negotiators are expected to work up until the deadline on terms of a new contract with the Alliance of Motion Picture and Television Producers.
The guild is seeking higher minimums, a mandatory staffing level for TV shows, and a better formula for streaming residuals. Last week, 97.85% of the guild’s voting members authorized the leadership to call a strike if a new deal cannot be reached.
Issuing strike rules to members is a standard part of the process, and gives no indication about whether a strike is more or less likely to happen. The rules themselves are standard for such a situation.
In the FAQ, the guild did address a rumor that the WGA contract could be temporarily extended to June, saying there is nothing to it.
“There are no plans to extend the deadline,” the guild said. “Unless you hear it directly from the WGA, you should assume that the rumor is nothing more than that.”
The issue of “hyphenates” continuing to work during a strike has a fraught legal history. In 1973, the WGA fined several members as much as $50,000 for continuing to perform supervisory services, which were not covered by the contract, during a strike. The case ultimately went to the U.S. Supreme Court, which ruled in 1978 that the WGA had overstepped its bounds.
The guild rules require members to inform the WGA of any members who are believed to be engaged in strikebreaking activity, including “scab writing” or negotiating with a struck company. The guild also requires members to save a digital date-stamped copy of any unproduced material, so that they will be able to defend themselves against allegations of strikebreaking.
Hyphenates who opt to keep working are also encouraged to turn over to the WGA a list of all the material they’re working on, copies of the scripts, and names of the writers working on those scripts. That provision, however, is not enforceable by guild discipline.
The guild has no jurisdiction over writers who are non-members, but it can bar any non-members who do writing work for a struck company from ever joining the guild.
“This policy has been strictly enforced in the past and has resulted in convincing many would be strikebreakers to refrain from harming the Guild and its members during a strike,” the guild leaders wrote. “Therefore, it is important for members to report to the Guild the name of any non-member whom you believe has performed writing services for a struck company and as much information as possible about the non-member’s services.”
WGA members are barred from pitching or taking general meetings during a strike. Writers can work on spec scripts, but they can’t develop a script with a producer or attach talent, or otherwise negotiate over the project.
Agents are also barred from negotiating or seeking work on behalf of WGA members. If a strike is called, representatives cannot submit material to studios or redline contracts.
