Judge deals blow to SAG's Rosenberg

UPDATE:  After a judge denied a temporary restraining order sought by Screen Actors Guild President Alan Rosenberg, the major studios have decided to resume contract negotiations with the union. Talks have been scheduled for Feb. 17 and 18, sources familiar with the talks say.

A judge rebuffed for the second time a bid by Screen Actors Guild President Alan Rosenberg to block the union's new negotiating team from reviving contract talks with the major studios.

Rosenberg and three other board members filed a lawsuit this week seeking to overturn a recent vote by a majority of board members that ousted the union's chief negotiator and disbanded the union's negotiating committee. They maintained the vote, taken by means of a "written assent," violated the state's business laws and the union's own bylaws.

But Los Angeles Superior Court Judge James Chalfant denied the request for a temporary restraining order, ruling that the board's action complied with the state law governing corporations. He also rejected arguments by Rosenberg's attorneys that a two-third vote was required to disband the committee.

The judge's decision removes what would have been an embarrassing setback for SAG. A restraining order could have unseated the union's newly appointed interim executive director and chief negotiator. They were tapped by the board after it fired former Executive Director Doug Allen, contending he mishandled negotiations.

Nonetheless, Thursday's ruling, which didn't dismiss the overall case, doesn't end the uncertainty over when contract negotiations with the studios will resume. Actors have been without a contract since June 30, 2008. SAG postponed planned negotiating sessions earlier this week because of the fight with its union president. 

And it's unlikely studios would agree to return to the bargaining table as long as there is a pending lawsuit challenging the legitimacy of negotiations.

Eric George, attorney for Rosenberg and the other directors, said he would file an appeal in the next few days with the California Court of Appeal.

Ned Vaughn, spokesman for the Unite for Strength group that represents so-called moderate board members, hailed the judge's ruling and called on Rosenberg to drop his complaint.

"It's outrageous that this lawsuit has further delayed negotiations,'' he said. "It's time for Alan Rosenberg to drop this and accept that SAG members voted for change. They want it now."

Rosenberg, who attended Thursday's hearing, declined to comment.

Thursday's ruling marked a second setback for Rosenberg, whose initial appeal for an injunction was denied after the judge cited several technical errors in the complaint.

“I’m pleased that we can put this matter behind us and dedicate our complete focus to the needs of Screen Actors Guild members. There’s a lot of work ahead of us,” said SAG interim National Executive Director David White.

-- Richard Verrier

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