As a long-time member of SAG-AFTRA and a proud stuntman with decades of experience in the film industry, I’ve seen my fair share of challenges and changes in our union. But the recent lawsuits against SAG-AFTRA regarding its COVID safety guidelines have left me feeling disheartened and frustrated.
SAG-AFTRA successfully defended several legal challenges concerning their COVID-19 safety protocols, including requirements for getting vaccinated against the virus, allowing members to resume work.
In December 2021, Dorian Kingi, an unvaccinated stuntman with a long film resume, filed a lawsuit against SAG-AFTRA in Los Angeles Superior Court. The agreement, enacted in September 2020, enabled studios to mandate vaccinations and tests for union members, along with masking and quarantining under specific conditions. Kingi, among others, claimed they experienced employment hardships due to their unvaccinated status and alleged discrimination.
The main issue in the lawsuits was that the process of creating and enforcing the return-to-work agreement went against SAG-AFTRA’s constitution, as well as their collective bargaining and membership contracts. One of the grievances was that the union did not effectively advocate for each member’s interests, despite being obligated to do so fairly and impartially.
In a ruling made public on Thursday night, Judge Josephine Staton of the U.S. District Court dismissed the lawsuits. According to the judge, a federal law shields unions from allegations of breach of contract, breach of fiduciary duty, and negligence (among other claims) related to labor contracts.
In simpler terms, although the other accusations do not directly mention SAG-AFTRA’s obligation to fairly represent its members, the court believed that these claims were closely connected to this duty and stemmed from the same contracts implicated in the breach of contract allegation. The performers did not identify any union conduct that was separately unlawful.
SAG-AFTRA’s national executive director and lead negotiator, Duncan Crabtree-Ireland, expressed eagerness for broadening the scope of jobs for union members. He also acknowledged the efforts and commitment of those instrumental in ensuring safety measures that allowed the industry to resume operations amidst the unprecedented hurdles posed by COVID-19.
I’ve eagerly followed the developments in Hollywood over the past few months as top studios and unions worked tirelessly to reach an agreement for resuming production in September 2020. This deal came with essential safety measures like mandatory virus testing, safety training, and even paid sick leave. However, things took a turn when vaccination became a requirement, sparking resistance among some members who felt uncomfortable with the blanket mandate. Notable actors such as Ingo Rademacher from “General Hospital” and Rockmond Dunbar of “911” went as far as filing lawsuits against studios after being denied exemptions and subsequently let go.
The return-to-work agreement expired in May 2023, ending vaccine mandates on new productions.
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2024-07-19 22:25