[NEohioPAL] Doug Allen steps down from SAG

[DALE SHIELDS]

This is the McNary article and some other information that follows from Johathan Handel who writes a Blog called SAG Watchdog. 



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Date: Mon, Jan 26, 2009 at 11:24 PM
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Variety






 Posted: Mon., Jan. 26, 2009, 2:11pm PT






Doug Allen steps down from SAG
Move follows brutal battle over negotiations

By DAVE MCNARY













Rosenberg

Allen






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Doug Allen,
the lightning rod at the center of the Screen Actors Guild's bitter
polarization, has been fired as national exec director and chief
negotiator. Allen's gig ended Monday
afternoon; several hours earlier, the moderates had delivered "written
assent" documents terminating him -- two weeks after a 28-hour
filibuster by Allen's supporters thwarted his ouster.

"I am disappointed in the board's
decision, which was made by written assent, and I am proud of my
record," Allen said in an email to the board. "I wish Screen Actors
Guild and its members success and I have been honored to serve them. I
have particularly enjoyed leading the wonderful men and women on the
SAG staff and serving with SAG's national president Alan Rosenberg and
national secretary-treasurer Connie Stevens."

The moderates also replaced the
negotiating committee -- a sign that a SAG feature-primtetime deal may
be close. Sally Field, who's opposed Allen on several fronts for the
past year, said she was relieved and hopeful.

"I'm sure it was a difficult
decision to replace SAG's negotiators, but if the other entertainment
unions can make a deal their members can live with, SAG can too -- and
now I feel certain that will happen, quickly and productively," Field
said.

Ten board members, including SAG
New York president Sam Freed, brought the documents into SAG's
Hollywood headquarters and met for an hour with SAG general counsel
Duncan Crabtree-Ireland and outside counsel Robert Bush. The attorneys
told the group that the written assent passed legal muster and that
Allen had been fired.

The documents also provided that
former SAG general counsel David White was installed as interim
executive director and senior SAG adviser John McGuire as chief
negotiator.
The moderates, representing 53% of
the board, replaced the feature-primetime negotiating committee with a
task force. The Alliance of Motion Picture & Television Producers,
which made its final offer to SAG on June 30 as the contract expired,
had no comment Monday.

Though Allen retained strong
support among the hardline Membership First faction, the moderates
believe he bungled the negotiations, keeping SAG without a deal on its
key contract for nearly seven months. His ouster had been viewed as
inevitable since the Jan. 12-13 meeting, with only the timing in
question.

The filibuster was the final straw
for the moderates, who said in their statement to members on Monday,
"This unprecedented level of obstruction has paralyzed the guild."

Allen's departure doesn't mean the
brutal internal battles within SAG will go away. Rosenberg, who's
continued to defend the filibuster, called the moderates "gutless,
dishonest and immoral" and said they should be blamed for deleveraging
SAG and leaving it with what he expects will be an unacceptable
contract.

"They've sabotaged Doug and
wreaked havoc without taking responsibility," Rosenberg added. "This is
the darkest day within my memory. It kills democracy at SAG."

The moderates consist of New York
and regional reps plus members of the 8-month-old Unite for Strength
faction in Hollywood. Rosenberg blasted the moderate coalition,
asserting many of them don't work on the feature-TV contract.

"It's disconcerting that many of them do not have a real stake in the outcome," Rosenberg said.
That sort of insult has dominated
the dialogue among SAG leaders over the past decade. Even after the
moderates gained control of the board in September, Allen was widely
perceived as being unwi lling to soften his negotiating stance -- even
though major stars such as George Clooney and Tom Hanks were urging SAG
to pull the plug on plans for a strike authorization.

The moderates stressed Monday that
they had not wanted to oust Allen by going the written assent route but
were left without an alternative due to the stalling tactics at the
Jan. 12-13 meeting.

"In a meeting two weeks ago, a
majority of the board sought to make the crucial changes now contained
in the written assent but were derailed by president Alan Rosenberg and
a minority of board members through endless parliamentary games and
improper behavior," they noted.

Allen has been in his dual slot as
national exec director and chief negotiator for two years. He has a
year to go on his contract, which pays about $500,000 annually.
The moderates said the "written
assent" step is included in SAG's constitution to allow a majority of
the board to take action outside the boardroom if necessary.
"While extraordinary circumstances
may require the use of written assent, we do not believe it is a
desirable way to conduct guild business," they added. "In this case,
the unrelenting obstruction by a minority of board members has left us
no alternative."

The moderates did not address the
issue of killing the twice-delayed strike authorization, which has
become a divisive issue as more than 2,100 members declared publicly
that they would oppose such a vote due to the souring economy. Allen
and Rosenberg had insisted that such a vote -- which would have needed
more than 75% affirmation from those voting to go into effect -- was
crucial in order to force the companies to improve their final offer,
particularly in new-media jurisdiction and residuals.

In the wake of the Jan. 12-13
meeting, Allen had offered a compromise that called for last-ditch
negotiations with the AMPTP, followed by sending out the offer without
a recommendation. Moderates ridiculed that strategy, saying they no
longer trusted Allen.

It's uncertain if the AMPTP will
be willing to tweak its final offer when negotiations start. Insiders
believe the congloms may be willing to close the deal by agreeing to
SAG's demands to retain force majeure protections and pay the claims
made by actors as a result of being idled as shows went dark during the
WGA strike.

Allen, the longtime No. 2 exec at
the NFL Players Assn., was hired at SAG in October 2006 -- a year after
Membership First fired Greg Hessinger as national exec director when
Rosenberg and Membership First came to power. He ran afoul of the
moderates by penning a long article about AFTRA lowballing SAG in areas
of shared jurisdiction and by attempting to reduce AFTRA's presence on
joint negotiating committees -- leading to AFTRA splitting from SAG on
the feature-primetime contract last year.

Allen's ouster will place a focus
on the upcoming SAG elections in September. Rosenberg said Monday he
was uncertain whether he'd seek a third two-year term as president but
predicted that the moderates are moving toward resuming attempts to
merge SAG with AFTRA.

The moderates also indicated
Monday several other changes in how they'll operate, such as declaring
that only White, McGuire, or their designee may communicate on behalf
of SAG to other organizations, the general public or the press.

They also instructed SAG staff to
develop and implement a fraud-proof security system to regulate the use
of the voting remotes used during board meetings. A Membership First
rep was discovered illegally using three remotes to cast votes during
the Jan. 12-13 meeting.



********************************************************************************************************
DIGITAL MEDIA LAW

MONDAY, JANUARY 26, 2009

SAG National Executive Director Firing – How it Went Down




The SAG board's moderate majority fired National Executive Director Doug Allen today by using a document signed by board members and called a "written assent." Much
to my surprise, Allen chose not to fight and instead emailed the SAG
staff acknowledging that he had been terminated and saying goodbye. A copy of the email is below.

Perhaps one reason Allen agreed so
readily is that—as has not previously been reported—the assent provides
that his contract will be paid out in full. The assent itself has not previously been released.However, I've received a copy. See below.

A natural question is how the process unfolded. I spoke to two sources close to the situation who laid out the following n arrative:
At around 11:00 a.m. Monday morning, a group of board members went to SAG's LA headquarters. The
group included Unite for Strength leader Ned Vaughn, NY board member
Sam Freed, board members Ken Howard, Pamela Reed, Stacey Travis,
Gabrielle Carteris and two others whose names I don't know.

The group, which was not accompanied
by counsel, presented the written assent to SAG General Counsel Duncan
Crabtree-Ireland and SAG outside counsel Bob Bush—both of whom SAG
President Alan Rosenberg had allegedly derided two weeks ago as "liars"
who "don't know what [they're] talking about."

Crabtree-Ireland and Bush withdrew for 15-20 minutes with the document while the actors waited in the Foundation Room. The two lawyers then returned and acknowledged that the document was in order. Doug
Allen then came to the meeting room and asked the actors if there was
anything that any of them wanted to say to him directly.There was an awkward silence, then one of the actors answered "Thank you for your service." Allen replied "You're welcome," then stalked out, slamming the door.

Also worth noting: The written assent also dissolves the Negotiating Committee and replaces it with a 10-member task force. The Hollywoodmembers include three Membership First partisans: SAG President Alan Rosenberg, 1st VP
Anne-Marie Johnson, and board member Clancy Brown; plus independent
board member Morgan Fairchild, and Unite for Strength leader and board
alternate Ned Vaughn.

Thus, Membership First retains a
majority on the task force, just as they have within the Hollywood
Division board itself (though not the national board). One hopes that they'll use their presence constructively, not obstructively. New York members of the task force are 2nd VP Sam Freed and board members Mike Hodge and Matt Servitto. The Regional (RBD) members are Mike Pniewski and Nancy Duerr,

———————–
Subscribe to my blog (jhandel.com) for more about SAG, or digital media law generally. Go to the blog itself to subscribe via RSS or email. Or, follow me on Twitter, friend me on Facebook, or subscribe to my Huffington Post articles.

———————–
From: Doug Allen
Sent: Monday, January 26, 2009 1:02 PM
To: Everyone Everywhere
Subject: Message from Doug Allen
I have been informed by SAG counsel
that the National Board has terminated my employment as National
Executive Director and Chief Negotiator of Screen Actors Guild. I am
disappointed in the board's decision, which was made by written assent,
and I am proud of my record as SAG's NED and Chief Negotiator.

I wish Screen Actors Guild and its
members success and I have been honored to serve them. I have
particularly enjoyed leading the wonderful men and women on the SAG
staff and serving with SAG's National President Alan Rosenberg and
National Secretary-Treasurer Connie Stevens.

I have made some wonderful
friendships with many SAG elected leaders, members and staff and will
cherish those friendships forever.
My best wishes to you all,
Doug Allen
———————–
[Here's the written assent]

Pursuant to the Screen Actors Guild
Constitution, Article V, Section 1. (J.) (4.), the following actions
are hereby authorized through written assent by a majority of the
members of the SAG National Board of Directors.

I. Effective immediately, Doug Allen
is terminated as an employee of Screen Actors Guild. Upon receipt of
this document, he is to cease and desist in all work on behalf of this
union. He is no longer the National Executive Director and has no
authority to take any action, make any statement on behalf of this
union or direct any Guild employee to take any action. Nor may he
authorize the expenditure of any moneys which the Guild possesses. He
is to immediately vacate the premises under the supervision of Bob Bush
or, in his absence, such other person that the General Counsel may
select, and may remove only his personal effects. Further, he is no
longer Chief Negotiator of the TV/Theatrical or Commercials Contracts.
The compensation due him under his contract will be paid in f ull,
through its expiration date. This order will commence and satisfy any
notice period regarding his employment termination applicable under his
employment agreement.

II. Effective immediately, David
White, former General Counsel of Screen Actors Guild, is hereby engaged
as the Interim National Executive Director of Screen Actors Guild. In
light of the vacuum created by the termination of NED Doug Allen, and
the precarious position the Guild finds itself in, we deem it critical
to hire an Interim NED with the industry experience, professional
skills, and familiarity with the Guild's operations to immediately help
us return this union to a stable footing.

III. Effective immediately, John T.
McGuire, the Senior Adviser to Screen Actors Guild is hereby named
Chief Negotiator for all contracts. In light of the vacuum created by
the termination of Doug Allen, we deem it critical to appoint a Chief
Negotiator with the professional skills, and standing in the industry
to immediately step in and successfully complete the TV/Theatrical
negotiations, the uncompleted Basic Cable, Animation and Interactive
Agreements, and lead us through the imminent Commercial Contract
negotiations. Mr. McGuire will, in consultation with Mr. White, be
responsible for all contract negotiations and enforcement.

IV. Effective immediately until the
October 2009 National Board Plenary, Guideline II of the=2 0National
Committee Guidelines (dealing with Taskforces) is suspended.
V. Effective immediately, the
TV/Theatrical Negotiating Committee is disbanded and is no longer
authorized to continue negotiations on the TV/Theatrical Agreement or,
because of its interrelated nature, the Live Action Basic Cable
Agreement. In its place, a Taskforce is hereby formed to complete these
negotiations on behalf of the Board of Directors. The Taskforce shall
be comprised of the following 10 Members: HWD; Alan Rosenberg,
Anne-Marie Johnson, Clancy Brown, Morgan Fairchild, Ned Vaughn, NY; Sam
Freed, Mike Hodge, Matt Servitto, RBD; Mike Pniewski, Nancy Duerr, and
10 Alternates (to attend only if needed and at request of absent
member): HWD; Stacey Travis, Leigh French, Jane Austin, NY; John
Rothman, Sam Robards, RBD: Roy Costley, Molly Ballard, Abby Dylan,
Katherine Howell, Mary McDonald-Lewis. The Taskforce will work with the
Chief Negotiator, John McGuire, with the assistance of Ray Rodriguez
and any staff of their choosing, to complete these negotiations and
bring their recommendations back to the National Board.

VI. Effective immediately, no one
other than the Interim National Executive Director and John T. McGuire,
or their designee, is authorized to communicate on behalf of Screen
Actors Guild to other organizations, the general public or the press on
any subjects whatsoever, including the actions contained in this
document. This pertains to all SAG sta ff and elected officers.

VII. Michelle Bennett and all staff
in the Governance Department, under guidance from the Guild's general
counsel, are hereby instructed to develop and implement a fraud-proof
security system to regulate the use of the voting remotes used by Board
members to cast their votes.

VIII. Effective immediately, the
Guild retains the law firm of Schwartz, Steinsapir, Dohrmann &
Sommers LLP to advise the National Board and represent the Guild in
negotiation of the terms of a written contract with David White. The
Guild further authorizes the payment of $10,000 to Schwartz,
Steinsapir, Dohrmann & Sommers LLP as a deposit toward costs and
fees incurred by the Guild, with the balance to be refunded to the
Guild upon the termination of the firm's services.

IX. If any of the actions contained
herein is deemed unenforceable under the Constitution and Bylaws of the
Guild, all other actions shall remain valid and shall be implemented.
X. These actions are being authorized
by separate written agreements of a majority of the members of the
National Board of Directors pursuant to Article V, Section 1. (J.) (4.)
of the SAG Constitution and Bylaws.

As provided for by Article V, Section
1. (J.) (4.) of the SAG Constitution and20Bylaws, I hereby give my
written assent to the foregoing resolution in its entirety.
Signature __________________________________ Date ____________________
Board Member (Print Name) ___________________________________
Division ____________________________
Vote Weight ________

Dale R. Shields
ricardo2541 at msn.com













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