SAG-AFTRA can't tell performers not to work on Dancing With The Stars, despite WGA pressure

Earlier today, comedy actor and writer Matt Walsh—the cool and funny one, not the… other one—announced that he was “taking a pause” from his upcoming run on Dancing With The Stars after learning that it’s a WGA-covered production and is therefore considered struck work by the union. (We learned this morning that the show typically employs one writer to take care of jokey banter between the hosts.) WGA picketers were also reportedly calling on other SAG-AFTRA members who were taking part in the show this season, specifically Mira Sorvino and Alyson Hannigan, to take a similar “pause” as Walsh.

Now, though, SAG-AFTRA has put out a statement to Variety that clarifies that performers on Dancing With The Show are not violating strike rules, because Dancing With The Stars operates under the separate “Network Code” and is therefore not struck—as far as SAG-AFTRA is concerned. It is struck for the WGA, but since the Network Code has a No Strike Clause, SAG-AFTRA cannot tell its members not to work on the show and must, as a matter of fact, tell them that they should continue with any contractually obligated work.

Here’s a key bit from the union’s statement that makes it all pretty clear: “By not showing up to work, our performers can be held in breach of contract and the Union is prohibited from advising them not to work.” In other words, it is the union’s official position that everyone should continue to work because it is not allowed to say anything other than that.

SAG-AFTRA’s statement also makes a point to say that the union supports the WGA, noting, “we stand with our union siblings across the industry as we also recognize our obligations under federal labor law.” There’s another key bit in there, because it underlines that the union has to encourage its members to continue working on non-struck projects like Dancing With The Stars and not necessarily that it’s undermining any other unions that may or may not happen to be striking.

Obviously, the best way to solve all of this would be to give the striking actors and writers everything they want.