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: BizMediaLaw Blog from Wahab, Riveles & Medenica LLC

Being Taft-Hartley'ed for a Prodcuction

A common problem faced by producers of anything from indie film to YouTube video is the employment of unionized actors. For example SAG actors add a variety of complications to the mix. One of the foremost issues is the mixing of union and non union talent. Ordinarily this will result in a violation of the union collective bargaining agreement that governs the SAG actor. However the law recognizes the right of any non-union worker to work in any operation, regardless of the presence of a union.

The federal statute that codifies this principle is the Taft-Hartley Act. That statute was designed to limit the power of unions by preventing them from barring non union people from working as a bargaining tool. Of course statutes rarely make an impact without paperwork. Hence for the non-SAG party to perform, SAG will have to be notified. SAG usually will provide a Taft-Hartley waiver form that can be filled out by the Producer. That process is often referred to as being Taft-Hartley'ed.

The actor applying for the waiver has to possess a unique skill or characteristic that renders them indispensable. For example, an actor with special military training, a child actor, or an actor with certain language skills may pass muster. The Producer should also keep in mind which SAG Producer agreement governs the production in order to gauge the best route of compliance.

Full post as published by BizMediaLaw Blog from Wahab, Riveles & Medenica LLC on April 14, 2008 (boomark / email).