SAG-AFTRA Benefits Class Action Lawsuit Overview:
- Who: Officials in the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) filed a motion to dismiss a class action lawsuit filed by “Titanic” actress Frances Fisher.
- Why: Fisher claims SAG-AFTRA officials misled members of the labor union before signing new collective bargaining agreements which cut some members health benefits.
- Where: The class action lawsuit is being heard in California federal court.
Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) officials have asked a federal judge to dismiss a class action lawsuit filed against it by a former Titanic actress who claims the labor union misled its members before signing collective bargaining agreements (CBAs) which cut many older members health benefits.
Frances Fisher, who played the character of Rose’s mother in the award-winning James Cameron film, alleges SAG-AFTRA violated its duty of fair representation by signing the CBAs.
Fisher is seeking to represent a Class of 160,000 SAG-AFTRA members who were allegedly misled by the labor union’s officials before the new CBAs were signed.
Seven SAG-AFTRA officials, meanwhile, argued that Fisher missed her chance to sue because the statutory window of six months had already passed since the contract was signed.
“Plaintiff filed her complaint in this action … nearly a full year after the changes were publicly announced, and over 13 months after negotiations were completed,” the motion to dismiss states.
Fisher has also asked permission from the court to seek leave so that she may pursue fiduciary breach claims against the SAG-AFTRA officials.
SAG-AFTRA officials, however, argue Fisher has no standing for claims of breach of fiduciary duties, arguing Labor-Management Reporting and Disclosure Act Section 501 provisions do not apply to alleged breaches against members.
“The only allegations in the complaint concerning plaintiff’s individual circumstances are the allegations that she is a union member, an officer in the Los Angeles local, and a National Board member,” the motion to dismiss states.
Fisher’s class action lawsuit revolves around changes to members’ health plans which were affected by three CBAs — which cover union staff who work on television and theatrical productions, Netflix, and commercials — signed by SAG-AFTRA officials.
SAG-AFTRA members aged 65 or older are most harmed by the new CBAs, says Fisher, as they raise the income threshold for members to qualify for benefits and cuts out pensioners who may have been eligible through residual earnings.
Fisher argues SAG-AFTRA officials failed to properly disclose information about the health plans while also intentionally misleading members by downplaying the cuts that would occur, in order to rally support for the CBAs.
SAG-AFTRA officials argue they did not cause the harm Fisher says they did, claiming they appropriately balanced their obligations to both current members and retirees.
Further, SAG-AFTRA officials claim most members were perfectly satisfied with and personally benefited financially from the new CBA regulations.
“The majority of members may have reasonably preferred wage increases for all even if some other members experienced plan benefit reductions,” the motion to dismiss states.
Do you believe SAG-AFTRA officials misled members before signing new collective bargaining agreements? Let us know in the comments!
The plaintiff is represented by Neville Johnson, Douglas Johnson, and Daniel Lifschitz of Johnson & Johnson LL, Steven Schwartz, Robert Kriner, and Emily Skaug of Chimicles Schwartz Kriner & Donaldson-Smith LLP, and Edward Siedle.
The SAG-AFTRA Benefits Class Action Lawsuit is Fisher v. SAG-AFTRA, et al., Case No. 2:21-cv-05215, in the U.S. District Court for the Central District of California.
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