Letters sent to showrunners, from MAX (formally HBO Max), owned by Warner Bros. Discovery., and ABC Signature (owned by Disney), were leaked to the press and public last week. These letters demanded showrunners/writer-producers continue to perform non-writing duties despite the ongoing Writers Guild of America (WGA). Some of those duties directly violate the guild’s own mandates.
The ABC Signature letter is dated May 3rd, a mere two days after the start of the strike. “We want specifically to reiterate to you as a showrunner or other writer-producer that you are not excused from performing your duties as a showrunner and/or producer on your series as a result of the WGA strike,” writes Bob McPhail, the assistant chief counsel for ABC Signature. “Your personal services agreement with [the] Studio requires that you perform your showrunner and/or producing duties even if the WGA attempts to fine you for performing such services during the strike.” Adding “Your duties as a showrunner and/or producer are not excused, suspended or terminated until and unless you are so notified in writing by the Studio.”
This letter also has a handy Q&A section (pictured below) addressing what duties they are required to perform. Saying they, “may, along with other non-writing services, be required to perform services commonly referred to as ‘a. thorough h.’ services as a producer.” This includes tasks like cutting for time, small dialog changes, and “changes in technical or stage directions.” These are also all duties that can be performed by non-writers on covered projects, per WGA contracts.
So basically, ABC Signature can have these tasks done by other crew without anyone violating mandates.
The letter from MAX is dated May 2nd, and was sent to WGA members who also serve in producer capacities. “HBO/HBO Max respects your membership in the WGA, and will not do anything to place you in jeopardy of violating WGA rules,” it reads. “However, we believe certain services, such as participating in the casting process and/or contributing to non-writing production and post-production work are clear examples of non-WGA required services that should continue to be rendered during this time.”
Adding; “HBO/HBO Max expects you to continue to come to work to perform non-writing duties under your contract during a WGA Strike unless and until those services are formally suspended or terminated.” Even though the WGA insists that “no members should cross a WGA picket line or enter the premises of a struck company for any purpose.” Not crossing the picket line is striking 101.
The MAX letter even goes so far as to add; “The WGA cannot prohibit you from rendering producing services pursuant to your personal services agreement as long as you are providing non-writing services.” The problem with that is it can and does.
Strike rules prohibit union members from performing these duties during this work stoppage. “The Rules prohibit hyphenates (members who are employed in dual capacities) from performing any writing services, including the ‘(a) through (h)’ functions.” Directly contradicting what both studios are demanding of WGA members. Putting everyone in a tough spot between crossing the studio that employs them, or the union fighting for them.
While neither Disney nor Warner Bros. Discovery. has commented on these letters. But the WGA has already reiterated that these demands do violate strike rules. “It is shameful that Disney, which has grown its business on unionized labor, is resorting to familiar union-busting tactics,” the guild added.
You can read the leaked ABC Signature letter, obtained by The Hollywood Reporter, below:
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