This statement from the SAG-AFTRA National Election Committee is to inform you of the obligations imposed on you by federal law in connection with the upcoming 2021 SAG-AFTRA internal union elections. The National Election Committee encourages you to carefully read this statement so you do not inadvertently violate federal law or SAG-AFTRA Election Guidelines.
Federal law prohibits any employer, including employers who are agents, managers, casting directors or producers, from contributing anything of value to any candidate for SAG-AFTRA elected office.
This prohibition includes indirect contributions of anything of value to a candidate’s campaign, as well as direct, monetary contributions. It includes the use of any employer resources to support the candidacy of the member running for office. For example, the use of an employer's office or office equipment without charge, as well as a social media posting of support on an employer’s website, has been construed to be an impermissible contribution by an employer.
The United States Department of Labor (DOL) has oversight authority over all union elections. If there is a DOL investigation of the SAG-AFTRA election, the DOL likely will require sworn testimony from both the candidate involved and any employer who is claimed to have contributed anything of value to their campaign. Further, any such contributions, regardless of the contributor’s intent or the candidate’s knowledge of the contribution, may result in the candidate's election being overturned.
The following are examples of the DOL’s application of these legal obligations to situations which commonly arise:
- No employer may provide any contribution or assistance of any kind to any candidate. Thus, for example, a talent agency or other employer may not provide support to an individual’s candidacy through financial contributions, solicitations of support through emails, mailings or social media, or the donation of any product or physical space to assist the candidate. Even forwarding campaign-related emails may be a violation of this legal obligation.
- Employees may make contributions from their personal funds only if those employees are not acting on behalf of their employer.
Engaging in any of the conduct described above may jeopardize the integrity of the SAG-AFTRA election process and result in a rerun election. If you have any questions, please direct them to Michelle Bennett, Executive Director, Governance, at 323-549-6094.