United States: Will WGA/DGA "Pattern" Head Off Potential Hollywood Strike As Sag-Aftra Approaches Deadline For New CBA?

After much hand wringing, a strike that would have significantly impacted the entertainment industry was narrowly avoided last month when the Writers Guild of America (WGA) and the Alliance of Motion Picture and Television Producers (AMPTP) agreed to terms of a new collectively bargained agreement for writers' services.

Late last month, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) began negotiations on its new collective bargaining agreement, set to take effect once the current agreement expires on July 1. With the SAG-AFTRA negotiations proceeding under a thick veil of secrecy, the pertinent question is: will the sides be able to identify (or even want to use) a "pattern" established in the WGA and the less-contentious Directors Guild of America (DGA) negotiations to guide the SAG-AFTRA talks, or could a potential deadlock on actor-specific issues bring the industry back to the brink of a work stoppage?

The Tenuous WGA/DGA "Pattern"

Collective bargaining agreements in the entertainment industry are renegotiated every three years, and references to "pattern bargaining" – essentially, the notion that the terms of whichever guild(s) most recently concluded negotiations should apply to the remaining deals – can sometimes be prevalent. Either side may use the pattern argument to justify holding firm on a lucrative bargaining position.

Notably, there has not been much industry chatter about pattern bargaining this cycle. While the DGA and WGA shared some of the same basic concerns addressing changes to the industry's business model brought on by the recent explosion of digital, internet and on-demand services, the two guilds fought hard for separate concrete concessions to deal with these changes.

Agreement Specifics

For example, in response to the rise of subscription video on demand (SVOD) platforms, the DGA advocated for increased residuals for high-budget SVOD productions, claiming a significant victory in more than tripling those residuals. But on the WGA side, writers were more concerned about the move toward shorter seasons, fueled in large part by SVOD "binging" culture, and fought hardest for protections for writers working on 6-13 episode seasons, as opposed to traditional 22-24 episode broadcast seasons.

Similarly, the DGA agreed to a 2.5% wage increase in the first year, and 3% wage increases in each of the second and third year of the contract, with just a 0.5% increase in employer contributions to the pension plan. The WGA, with more concern about the long-term financial viability of its pensions, opted for smaller wage increases (2%, 2.5% and 2.5% in each year) in exchange for a stronger infusion of cash into the pension plan, totaling a full 2% increase over the deal's lifetime. Further, the unions each agreed to various carve-outs to the wage increases (for example, a mere 1.5% annual increase in primetime television for the DGA and 1% for the WGA) in order to extract their residuals concessions, a practice that is new for this generation of collectively bargained agreements.

Will SAG-AFTRA Stick To The "Pattern?"

It is arguable that 2017 has a less clear "pattern" to the union bargaining than years past, as each union identifies niche concerns in today's evolving environment.

At the very least, there is sufficient wiggle room between the DGA and WGA precedents that it would be difficult for SAG-AFTRA and the AMPTP to adopt the previous agreements in full. While SAG-AFTRA is sure to address industry-wide issues like SVOD and residuals payments (particularly for new media), it remains to be seen how much of a premium actors will place on individual issues as compared to the other unions.

For example, a major concern unique to actors is establishing stronger guiderails around "recurring role" arrangements in which the actor does not sign a series deal; the union will aim to increase compensation and job flexibility for these working actors. And because the SAG-AFTRA agreement does not have separate wage tiers for different types of scripted programming, the union may reject the carve-out based deals that the WGA and DGA both signed.

Risks of Potential Deadlock

The latest media reports show that bilateral prep meetings held in May, and the first two weeks of true negotiations, were bumpy, but there has yet to be indication of any impassable obstacles.

SAG-AFTRA also does not have the same recent history of striking as the WGA does; the last general SAG strike was in 1980. However, SAG-AFTRA is currently on strike against the video game industry to protest treatment of voice actors and stunt performers.

Recalling SAG-AFTRA's potential strike in 2008, the actor's union pushed back strongly against the notion that any pattern of precedent set by the other unions should be binding on actors if it did not suit their needs. The same could hold this year if the union does not believe that its members' interests are served by the varying precedents recently set by the DGA and WGA.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.