Riskin
Hughes
The Dept. of Labor will supervise a special presidential election for the Writers Guild of America West due to a finding that last year's prexy contest violated federal labor law because Victoria Riskin was ineligible to run for the office.
And Eric Hughes, whose challenge to Riskin led to her resignation and the federal probe, announced he'll seek the presidency again in that election, set for Sept. 20.
The agreement, endorsed Tuesday night by the WGA West board, removes the immediate threat of the federal government suing the WGA over failing to properly remedy the violation.
"It is agreed that legal proceedings will not be initiated at this time but the right of the Secretary (of Labor) to initiate such proceedings is reserved until Oct. 23, 2004," wrote Jeffrey Gitomer, district director of the department's Office of Labor-Management Standards. "Any dispute arising during the course of the supervised election as to the legality or practicability of any election dispute shall be decided by the representative of the Secretary of Labor."
The settlement follows a two-month investigation by the Labor Dept. of a complaint over how the guild conducted the election and the board's refusal to order a new one when Riskin stepped down as president on Jan. 6 after being found ineligible to have run for a second two-year term. The election will fill the remaining year of that term, along with the VP slot and eight board seats.
The settlement leaves Daniel Petrie Jr., newly appointed as president, in the post for at least the next six months and defers the election until after the presumed conclusion of the WGA's pending contract negotiations with studios. Though no official date has been set, talks are expected to start around April 5 -- just four weeks before the May 2 contract expiration.
The WGA West has contended its constitution precluded the board from holding a new election after Riskin resigned. Instead, the board appointed then-VP Charles Holland, following the recommendation of independent investigator William Gould IV, former head of the National Labor Relations Board.
The complaint, filed by Hughes' campaign manager, Ronald Parker, argued that the board's failure to hold a new election violated labor law. The duo also alleged guild staff unlawfully helped Riskin conceal her ineligibility and engaged in a scheme to promote Riskin and undermine Hughes.
Hughes pointed out that the Dept. of Labor had not announced which of Parker's complaints were meritorious, while Petrie attempted to portray the Labor Dept. findings as "by and large" agreeing with Gould's recommendations -- even though those findings were not released.
"We're gratified that the Labor Dept. has essentially confirmed that our last election was conducted properly and that the guild's response to the election protest was also handled correctly," Petrie said. "We completely agree that holding a new election for president is the best way to validate the voting rights of all guild members."
Hughes said he was "very pleased" with the Dept. of Labor's determination that the 2003 election was flawed.
"I am disappointed that guild leadership did not earlier volunteer to re-run the election, but now the guild has made the right decision to avoid lengthy litigation with the Dept. of Labor," he said. "I am looking forward to a campaign that allows me and other candidates to have an open discussion of all the important issues that face guild members."
Parker called the settlement "a tribute to the federal labor laws," adding, "It has given me new confidence that the members can restore democracy to their union."
Parker filed the complaint in February, alleging more than a dozen violations of labor law in such areas as affording incumbents campaigning opportunities in union publications and failure to follow rules such as notifying members they could run for offices.
But the WGA West insisted it was in compliance with labor law, citing the report from Gould, which found no violations other than Riskin being ineligible. Gould's report, issued the day before Riskin resigned, concluded Riskin's active membership had lapsed last June due to not working under a WGA contract during the previous four years and recommended she be replaced by Holland.
Over the next two months, Holland was dogged by questions about fudging his resume; he gave up the post March 18 to Petrie so the dispute wouldn't diminish the writers' leverage at the bargaining table. Petrie had been appointed VP in January and served as president 1997-99.
Petrie, in a letter sent Wednesday to members, urged writers to put the "distractions" behind them.
"It is impossible to overstate how crucial it is that we go into these negotiations strong and united," he said.
Referring to the 97% support among members for the WGA's "pattern of demands," Petrie added, "If we can maintain this level of unity, I am confident we will be able to get the kind of agreement that we deserve."
Negotiations are likely to be rocky. The WGA has made it clear that the abnormally low residual rate for DVDs, with 80% of revenues excluded at the top, must be boosted, but it's unclear if writers are angry enough about the issue to go out on strike.
WGA members also have strongly supported the leadership's stance for a boost in producer contributions to the industry-guild pension and health funds.
Studio execs may be willing to give more to pension and health, but they are unlikely to budge on DVDs, contending the silver discs keep them viable amid steadily rising costs. They are certain to cite MPAA prexy Jack Valenti's recent announcements of average production expenditures rising 9% to $63.8 million last year and the 28% jump in print and advertising costs to $39 million per pic.
Neither side has yet made its contract proposals public.
Contact Dave McNary at
dave.mcnary@variety.com