Stunt Performers: The Walking Dead Arbitration News

Dear Performer,

As you might be aware, SAG-AFTRA has been pursuing a claim against the producers of the television series The Walking Dead seeking payment of compensation due for reuse of photography or soundtrack from the series on the program The Talking Dead.

In pursuit of that claim, SAG-AFTRA filed a Statement of Claim and Demand for Arbitration (Case No. TM 11737) and proceeded to an arbitration hearing. The union is pleased to report that it prevailed on the liability phase of the claim. The Arbitrator returned the claim to SAG-AFTRA and the Producer to determine the remedy for the period of February 29, 2016 through the present.

SAG-AFTRA and Producer have now reached a confidential settlement agreement on the remedy. This agreement is based in large part on an audit of all scenes reused in the In Memoriam segment of The Talking Dead from February 29, 2016, through the present. During the audit process, the union’s auditors discovered and reviewed reused clips that contained identifiable stunts and performers, and all of the stunt performers are being compensated for their day rate plus late payment for each clip. Individual checks will be sent to the union on or before November 20, 2020, and after verification that the full amount has been paid, the union will expeditiously mail the checks to the performers.

We are sending out this communication because the union's auditors also found clips with an identifiable stunt, but where not all stunt performers in the scene were identifiable.  Because of this circumstance, SAG-AFTRA negotiated as part of the agreement an opportunity for the “unidentified” stunt performers to come forward to SAG-AFTRA and identify themselves in any such clips. Because the Agreement was reached before September 30, 2020, the earnings can be counted toward SAG-AFTRA Health Plan eligibility for 2021.

If you believe this applies to you, please email SAG-AFTRA at LegalSettlements@sagaftra.org and copy the Producer’s representative, Gretchen Lindensmith, at Gretchen.Lindensmith@stalwartproductions.com on or before December 31, 2020, providing all relevant information, including the The Walking Dead season and episode and corresponding performer contract (if available), a description of the clip reused (including the identifiable stunt), and The Talking Dead season and episode number in which the reuse occurred. There will not be any extensions for submissions made after December 31, 2020.

Please be advised the confidential nature of the terms of the settlement agreement. Should you have any questions or concerns, other than those related to the terms of the confidential settlement agreement, please do not hesitate to contact the SAG-AFTRA Legal Department (without copy to the above stated Production representative) at LegalSettlements@sagaftra.org. You can also email this address if you would like to know before November 20, 2020 the episode clips for which you will be receiving reuse payment.