SAG-AFTRA

Fall / Winter 2021

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46 SAG-AFTRA | Fall/Winter 2021 | sagaftra.org Broadcast News Steering Committee Focuses on Union Rights Related to Disciplinary Investigations T he national Broadcast Steering Committee meeting on Oct. 9 featured an important instructional session on the rights union members have when questioned by management. The BSC chair is Cheri Preston of ABC News and the vice chair is Tracee Wilkins of NBC4 in Washington. In 1975, the U.S. Supreme Court ruled in NLRB v. J. Weingarten Inc. that during a meeting with management, union members have the right to not answer questions without the presence of a union officer or shop steward if the discussion could lead to discipline, termination or a change to working conditions. Staff presented hypothetical scenarios and talked about specific instances that members and staff have faced. They noted that it is the responsibility of employees to assert their rights in this area, so it's important they be informed. Download and print your own Weingarten card at sagaftra.org/weingarten-card or clip out the one to the right. The BSC meeting, which took place virtually, included a staff update on the work of the union on behalf of broadcasters, including the recently concluded negotiations for a first contract with WHYY in Philadelphia. The committee members also discussed returning to work in the office, particularly the vaccine mandates and the other policies employers are putting into place to cope with the coronavirus. The agenda continued with a focus on the entertainment side of broadcast, including sports, talk and music. Members want to ensure that these professionals are properly compensated for the work they are doing that wasn't traditionally part of their job description, such as writing blogs, endorsements, appearing in videos or recording podcast content. The committee will explore the topic further in future sessions, as it gathers input from members. The committee also commended SAG-AFTRA Washington-Mid Atlantic Local Executive Director Pat O'Donnell for her work on behalf of members and the successful conclusion of negotiations for a new NPR contract. The new agreement includes groundbreaking provisions related to diversity, equity and inclusion and nondisclosure agreements, among other provisions (see page 64). right for artists on terrestrial radio. Foreign countries routinely seize royalties that should go to U.S. artists due to the lack of an American terrestrial performance copyright. This represents hundreds of millions of U.S. dollars being left on the table around the world. The AMFA would ensure that foreign countries pay U.S. artists when their songs are played overseas "We need all parties to accept the basic principle of fairness: that music creators deserve compensation for their work. This simple act will not just mean income for hundreds of thousands of working-class Americans who entertain us, but something more profound: respect," AFL-CIO President Liz Shuler wrote in an Oct. 19 op-ed for NBC News. Over the last few months, the bill has continued to gain support from legislators as well as American listeners. A recent national survey reported that Americans believe it's unfair that artists are not paid when their music is played on traditional radio by a margin of 2-to-1, and they support bold action to ensure that artists are treated with respect. Two boilerplate clauses in television and recording contracts — options and exclusivity — keep artists from pursuing those opportunities and allow producers and studios to keep performers off the market, uncompensated, for prolonged periods. Additionally, record labels hold recording artists to long-term contracts from which they cannot escape thanks to a 1987 loophole in the Seven Year Statute, a labor law which, rightly, prohibits almost every California employer from signing individuals to contracts longer than seven years. Recording artists and actors are not the only workers who suffer from burdensome contracts. Television and radio broadcasters navigate boilerplate non-compete clauses in their employment agreements that were formerly only reserved for highly compensated and high-profile broadcasters. These clauses similarly restrict these broadcasters from pursuing the opportunities they want, resulting in wage and salary stagnation. These low salaries drive talent away from the industry or frequently force workers to move away from their families to lower-cost housing markets. SAG-AFTRA has proposed limitations on these agreements through collective bargaining, however, employers continue to resist any limitations on these agreements. To learn more about the FAIR Act and sign the statement of support, visit sagaftra.org/FAIRact. Music Fairness continues from page 26 FAIR Act continues from page 26 CLICK HERE to download your own Weingarten Card.

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