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Accused strike violator was subject to a ‘flawed’ and ‘improper’ discipline process, WGA trial chair says

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A representative from the trial committee of the Writers Guild of America West has criticized the union’s management of the disciplinary process regarding a member who allegedly violated union regulations during the 2023 strike.

In a four-page correspondence, Jill Goldsmith, a previous public defender from Cook County, expressed deep reservations about the procedure leading to the board’s action of expelling one author. She deemed it as “unfair and improper,” based on a copy of the letter examined by The Times.

As a supporter, I pledged to represent my Guild on the Trial Committee, confident in the promise of a just procedure. To mete out such a severe penalty as expulsion, the methodology must not resemble the faulty one that transpired. (Goldsmith)

In her February 24th correspondence to the WGAW board, Goldsmith expressed concern that the board had contradicted the unanimous judgments of the trial committee. She also raised doubts about whether the impartial legal advisor potentially biased the proceedings’ result. Thus, she felt compelled to step down, stating, “I believe there may have been an irregularity during the process which I find unacceptable.

Hollywood Inc.

2023’s screenwriters’ dispute has come to an end, as the Writers Guild of America and the Alliance of Film and TV Producers have agreed on terms for a settlement.

The Times obtained a letter whose author’s name had been removed. Yet, an individual privy to the proceedings, yet not permitted to speak publicly, affirmed that the writer was none other than the committee chair, who goes by Goldsmith – a guild member renowned for his work on shows like “Boston Legal” and “Ally McBeal.

Goldsmith declined to comment on the letter.

The Writers Guild of America West chose not to address the particular allegations in the letter, but in a released statement, the union noted that four of its members are appealing their punishments, and the membership will cast votes on this issue within the coming days.

The statement indicates that this issue pertains to the internal affairs of the union (WGAW) and members have access to related documents on the exclusive part of the Guild’s website. It also explains that the Board of Directors, which is elected by the membership, handles the process and holds the power to decide the appropriate punishment when a member is found guilty following a trial.

Goldsmith supervised the court case involving Roma Roth, a executive producer on the TV shows “Sullivan’s Crossing” (CW) and “Virgin River” (Netflix), as stated in court documents. The board decided to dismiss Roth due to accusations of writing for a company not affiliated with a union during a strike.

In her correspondence with the board, Goldsmith expressed agreement that Roth had stepped over the boundary from creation to composition, which breached the guild’s strike regulations. However, she disagreed with the procedure leading to the proposal for her expulsion, as initially, the committee suggested Roth be penalized with a five-year suspension instead.

Hollywood Inc.

As a devoted cinephile, I’ve been keeping an ear to the ground about the ongoing issue with the ‘Wall of White,’ a potential film project by Randall Emmett and a renowned filmmaker. The Writers Guild of America has issued a cautionary note, warning writers against involvement in this project due to some unresolved disputes. However, Emmett assures us that they are committed to resolving this disagreement within the coming weeks.

In her letter, it’s stated that before discussing potential penalties, the committee sought advice from their legal counsel for clarification on the possible punishments they could impose. More specifically, they requested a list of past penalties given to writers, anonymously, to evaluate if the penalties were fair and proportionate. However, they were informed that they were not permitted to know this information, she wrote.

As per her statement to the WGAW, as seen by The Times, Roth claimed that she was declared “not at fault” for breaching strike regulations and hadn’t worked for a company under strike, emphasizing that “Sullivan’s Crossing” was an independently financed Canadian production.

She called her expulsion “excessive and disproportionate.”

In his own words, Roth, who is part of both the Writer’s Guild of America (WGA) and the Writers Guild of Canada, stated that the Board determined him to be in breach of Article X of the Constitution and Rule 8 (WR8), specifically for working without a waiver. However, as per the stipulations within the Working Rules, this infraction is meant to carry a fine, not expulsion from the guild.

In her written arguments, Roth labeled her disciplinary hearing as both “unjust” and “inappropriate,” detailing several occurrences that she claims prove breaches of fair procedure.

Roth questioned the authenticity of the materials presented by the guild, such as a picture of the writer’s room that seemed partially hidden and was supposed to serve as proof of rule-breaking during a strike. She explained that her identical twin sister, who was among several Writers Guild Canada writers hired for the show, could be seen in the room.

Goldsmith’s letter mirrored statements from other disciplined authors, whose penalties varied from public reprimands, temporary bans, to forbidding them from serving as volunteer leaders. The harshest penalty was dismissal, and they are contesting the verdicts.

Julie Bush, a producer working on AppleTV+’s “Manhunt,” is challenging her suspension. The board has suspended her from the guild until 2026 and prohibited her from holding any position other than an elected one, following her conviction for breaching Working Rule 8 and writing for a non-affiliated company during the strike. The trial committee suggested that she should be barred from serving as a captain for three years and reprimanded privately.

In a more relaxed and conversational manner, one could say: Bush, who openly supports unions, deemed the process a “mock trial,” mainly because the evidence allegedly used against her originated from information she had shared with a union lawyer during her request for help.

In simpler terms, “Bush said to The Times, ‘If this were a real courtroom, it would be as if your defense attorney switched roles, from defending to prosecuting, and then unexpectedly used the private information you’ve shared against you by saying ‘gotcha’.’

She pointed out that her situation involves complexities in contractual obligations. She felt it was inappropriate for the case to reach a court trial and even more so for it to be sensationalized by the media, leaving her dismayed at the turn of events.

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2025-05-06 15:01

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