Labor Strife: Parsing the Definition of 'Final'

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Labor Strife: Parsing the Definition of 'Final'

Mon Jul 07, 2008 @ 12:51PM PST

Posted by Eriq Gardner

When is a "final offer" really a final offer? Vallywood, a blog run by law professor Steve Diamond, offers his analysis on the legal obligations that producers and actors have in their current bargaining stalemate. Key quote:

"So even though the Producers have called their last offer a "final" offer they have no legal basis yet to impose its terms on the industry.  They must be convinced that the union is no longer bargaining in good faith.  The rhetoric used by the Producers does suggest that they are laying the ground work for declaration of an impasse that would let them impose the final offer."

In other words, don't yet read the word "final" from producers as being literal. Not unless producers want to be hauled before the National Labor Relations Board. On the other hand, as Diamond points out, the producers are playing their game of brinksmanship with an eye on some chess moves further down the board.

In related news, Robert De Niro is pleading with his fellow actors not to strike.

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

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