Federal Restrictions on Union Campaign Contributions

This statement from the SAG-AFTRA National Election Committee is to inform you of the obligations imposed on you by federal labor law in connection with the upcoming 2023 SAG-AFTRA internal union officer elections. The National Election Committee encourages you to carefully read this statement so you do not inadvertently violate federal law or the SAG-AFTRA Election Policy.

Federal labor law prohibits any employer, including employers who are agents, managers, casting directors or producers, from contributing anything of value to promote the candidacy of any candidate for SAG-AFTRA elected office.

This prohibition includes indirect contributions of anything of value to promote a candidate, as well as 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 personnel on work time, office or office equipment, an employer’s email, as well as a social media posting that promotes a candidate on an employer’s website or social media feed, has been construed to be an impermissible contribution by an employer.

Members may, however, make contributions or donate resources to a candidate from their personal funds and resources if the employees are not using any employer resources to do so.

The United States Department of Labor (DOL) has oversight authority over all union officer 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 contribution regardless of the amount of the contribution, the contributor’s intent, the candidate’s knowledge of the contribution, or the employer’s or candidate’s knowledge of the legal
requirements–likely will result in the election being overturned.

The following are examples of how the DOL likely would apply these legal obligations if atalent agency, manager, producer, casting director, or other employer made any of the following contributions to an individual’s candidacy:

• donated money to the candidate;
• encouraged others to support the candidate through the employer’s emails, mailings, or social media postings;
• donated any product, equipment, personnel, or facilities to assist a candidate’s candidacy;
• forwarded campaign-related emails to others on the employer’s email or server;
• donated food, beverages, or physical space to a candidate’s campaign event; or
• used an employer-funded broadcast or publication to promote a candidate’s candidacy.

Engaging in any of the conduct described above may jeopardize the integrity of the SAG-AFTRA election process and result in SAG-AFTRA having to rerun the election. If you have any questions, please direct them to Michelle Bennett, Chief Governance and Equity & Inclusion Officer, at michelle.bennett@sagaftra.org.