DIGITAL MEDIA LAW OPINES ON THE ROSENBERG/SAG LAWSUIT

Jonathan Handle reports on the on-going lawsuit filed by ex-President Alan Rosenberg and current VP Anne Marie Johnson against The Screen Actor's Guild.

Alan Rosenberg is no longer president of SAG, nor even a national board member, but his lawsuit against his own union drags on pointlessly. Believe it or not, he’s still trying to undo Doug Allen’s firing, the appointment of David White, the ratification of the TV/theatrical contract and, no doubt, the discovery of a new ring around Saturn. That last is probably a particularly bitter blow for the ex-president.

Rosenberg and his fellow Membership First plaintiffs 1st VP Anne-Marie-Johnson and board members Diane Ladd and Kent McCord might see some reason to continue the charade, but the Court of Appeal is apparently more skeptical: in a one-paragraph letter to counsel last week, the court asked both sides’ lawyers to be prepared to discuss at oral argument whether the appeal is moot, given that the SAG board reaffirmed Allen’s dismissal and White’s appointment, and the membership at large ratified the TV/theatrical agreement.

Read more HERE at Digital Media Law.

MEMBERSHIP FIRST ANNOUNCES '09 CANDIDATES

SAG ELECTIONS '09
MEMBERSHIP FIRST PICKS ANNE MARIE JOHNSON FOR PREZ
ALAN ROSENBERG DROPS OUT OF RACE AS "TAINTED"
IN NEW YORK: MEMBERSHIP FIRST FRONTS CANDIDATES

Hollywood's Membership First faction has chosen current SAG VP and anti-AFTRA advocate Anne-Marie Johnson to lead their ticket as President.

At a fundraiser for Membership First, Alan Rosenberg has said that he's "a bit tainted in terms of getting elected again" and has therefore stepped aside for Johnson. During Rosenberg's presidency, he was unsuccessful in negotiating any of the Guild's outstanding and lapsed contracts. In addition, Rosenberg, along with Johnson, Diane Ladd and Kent McCord are currently suing the Screen Actors Guild in a strong-armed attempt to overturn the National Board's firing of SAG's previous National Director, Doug Allen. This legal action has been expensive for members of the Screen Actors Guild, costing upwards of $170,000 of Members hard earned dues money.

Rosenberg will, however, run for a seat on the Hollywood Board, along with incumbents Joseph Bologna, George Coe, Elliott Gould, Robert Hays, David Jolliffe and Diane Ladd. Renee Aubry, Jane Austin, Jeff Austin, Clancy Brown, Jordana Capra, David Clennon, Brett Cullen, Joe d'Angerio, Anne DeSalvo, Anthony DeSantis, John Diehl, Kevin Dobson, Ron Harper, Hector Herrera, Marcus Lindsey, France Nuyen, Alan Ruck, Michele Santopietro and Charles Shaughnessy are also running under the MembershipFirst banner.



Anne Marie Johnson, along with Membership Firsters Rosenberg, Ladd and McCord, continue to fight in court. It is unclear how this lawsuit will impact Johnson's bid for the presidency.

Johnson, who lead Membership First's fight against the ratification of the recent TV/Theatrical contract, and after the membership did indeed ratify it, vowed to "shame David White" (SAG's current Interim National Director), if the contract was ratified. After the contract was ratified, Johnson announced that she would lead SAG into a strike in 2011, when the contracts came back up for negotiation. A "strike clock" was posted on the Membership First website.

Membership First's Hollywood Division slate includes hardliners Martin Sheen, Ed Harris, Ed Asner, all of whom worked hard to defeat the TV/Theatrical ratification. Asner, a former SAG president, spoke at a rally for Membership First on May 17, 2009, and urged Hollywood Members to craft a plan to create a new union for Hollywood actors, breaking away from SAG, if the members approved the then pending TV/Theatrical contract. Said Asner to a group of Membership First supporters in Griffith Park, "We have to re-create Hollywood, if neccesary, if National SAG betrays us with this contract. Remember that. Think about it. Think about how to do that."

In New York, running for New York Division seats, Membership First candidates include Melissa Leo, Tony Lo Bianco, Celia Weston, Mitch Green, Matt Mulhern and Erik-Anders Nilsson.

NATIONAL BOARD RESPONDS TO ROSENBERG'S LAWSUIT

NATIONAL BOARD RESPONDS TO ROSENBERG'S FIRST SHOT FIRED IN HIS 'CIVIL WAR' WITH THE SCREEN ACTORS GUILD. MEMBERSHIP FIRST LEADERS ALAN ROSENBERG, ANNE MARIE JOHNSON, KENT MCCORD AND DIANE LADD SUING THE SCREEN ACTORS GUILD.

Statement from Members of the New
SAG National Board Majority

[Hollywood, CA] Tuesday, February 3rd, the National President of the Screen Actors Guild Alan Rosenberg, together with National 1st Vice President Anne Marie Johnson and SAG Hollywood National Board Members Kent McCord and Diane Ladd attempted to file a temporary restraining order (TRO) against their own Guild in order to halt the resumption of negotiations with the AMPTP. The order was denied by a Los Angeles County judge due to technicalities in its filing, but the group plans to re-file on Thursday, February 5th.

The affect of the TRO has been to chill the AMPTP and SAG’s return to the table, led by its duly-hired interim national executive director, David White, and 40+ year SAG staffer, John McGuire who has successfully negotiated over 30 contracts for the Guild. The return, after many months’ stalemate, was made possible by the hire of Mr.
White and by the assignment of Mr. McGuire to the task of completing the TV/Theatrical negotiations. Immediately upon hearing of the TRO, the AMPTP refused to re-enter the process.

As SAG national board members and as rank & file union members, we are stunned that any elected union official would take steps to halt contract negotiations of any kind. Such a brazen attack by nationally elected union leaders on the very foundation of collective bargaining
- that of employers and workers meeting together to arrive at an agreement acceptable to both - is unprecedented in the history of the American Labor Movement.

Members from all three Divisions of the Guild have expressed their displeasure at today’s events. “This action is just one more irresponsible mis-step by the Hollywood Membership First faction,”
said New York’s Sam Freed, SAG 2nd National Vice President. “They are so desperate to hold onto their power that they are willing to burn down their own house.”

Former Hollywood National Board Director Tess Harper agrees: “These actions only hurt SAG. What our members need is a contract….now.”
SAG Chicago Branch President and National Board Director Todd Hissong concludes, “These individuals care more about winning fruitless political battles than advocating for the welfare of our members.”

We wish to assure our members that the new majority of the SAG National Board and National Staff will continue in our efforts to resume these negotiations as soon as possible so that we may deliver an equitable contract for your approval.

SAG'S CONTRACT TALKS DISTRUPTED BY LAWSUIT BY PRESIDENT ALAN ROSENBERG

SAG'S CONTRACT TALKS WITH AMPTP DERAILED BY ROSENBERG, JOHNSON, MCCORD AND LADD. INTERIM NATIONAL DIRECTOR DAVID WHITE SENDS MEMO TO MEMBERS EXPLAINING.

Dear Screen Actors Guild member,

As you know, the Guild was scheduled to resume negotiations today regarding the expired TV/Theatrical contract. However, that meeting had to be postponed due to a legal matter that has been brought against the Guild, which is now before a state court in Los Angeles. I am writing to present you with information about this development.

Yesterday, the Guild received notice that President Alan Rosenberg, 1st Vice President Anne-Marie Johnson and National Board members Kent McCord and Diane Ladd filed a lawsuit against the Guild challenging the January 26, 2009 “written assent” presented by a majority of the National Board of Directors. As you know, that written assent terminated the Guild’s relationship with its then-National Executive Director; created and appointed a national task force to advise the Chief Negotiator and the Board on the TV/Theatrical negotiations; named John T. McGuire as Chief Negotiator; and named me as Interim National Executive Director. If successful, this legal action could impact or even reverse those board actions.

As a result, attorneys for Screen Actors Guild appeared this morning in Los Angeles Superior Court to respond to the lawsuit. After hearing from attorneys representing the plaintiffs, as well as the response from SAG counsel, the Court ruled that the lawsuit was procedurally defective and refused to issue the requested injunction.

The Plaintiffs’ counsel then stated that they intend to amend their documents and resubmit them this Thursday morning, February 5, 2009. The Guild will present a vigorous defense.The Guild understands the importance of concluding negotiations and securing a fair contract for SAG members and looks forward to re-engaging with the AMPTP as soon as possible. In the meantime, the Guild continues to work in the service of its members, with focus, dedication and commitment.

David White
Interim National Executive Director