2017 Officers & 2019 Presidential Candidates

Gabrielle Carteris, Jane Austin and National Board Member Matthew Modine:
Authorized an outside group, to which each of them belongs called UnionWorking, to use the SAG-AFTRA Name and Logo to promote by e-mail, Twitter, Instagram and other
cybernetworks for promoting a “SAG-AFTRA Member only Union Meeting; the FIRST Presidential debate in the HISTORY of SAG-AFTRA; Participated in; possibly
personally helped finance and organize a “SAG-AFTRA Presidential Town Hall;” that specifically discriminated against two Presidential Candidates of Color, Queen
AllJAHyé Searles & Abraham Justice by excluding them a Union Meeting; and thereafter publicly praised the organizers.
SAG-AFTRA Constitution
Preamble
“Our strength is in our diversity.
We are committed to the broadest
employment and involvement of our
members, regardless of race, national
origin, ancestry, color, creed,
religion, sex…, SAG-AFTRA strives
to … engage members so that they
may be full participants in the
workings of their union.”
Article III (E) (1) & (2) Members in
good standing shall be entitled
to…the right to vote for Union
Officers and hold elective office...
SAG-AFTRA Nominations
& Election Policy
Article IV(A)(5)
“…all candidates will be afforded
an equal opportunity to address the
membership.”
Article III D SAG-AFTRA
Members retain the right to
campaign…run for office…openly
support or oppose any candidate…
Nature of Violations
OMLS
Campaign Rules (4)(b)
Funds may be used “for the
maintenance of democratic
procedures and practices
including…defining and
securing the right of individual
members to participate in the
affairs of the organization, to
receive fair and equal
treatment under the governing
rules of the organization…
29 U.S.C. §411(a)(1) EQUAL
RIGHTS
Every member of a labor
organization shall have equal
rights and privileges within
such organization…to
participate in the deliberations
and voting upon the business
of such meetings…
29 U.S.C. §481
(e)…every member in good
standing shall be eligible to be
a candidate to hold office…
29 U.S.C. §411(a)(2)
FREEDOM OF SPEECH
AND ASSEMBLY
Every member of any labor
organization shall have the
right to meet and assemble
freely with other members and
to express any views,
arguments, or opinions, and to
express at meetings of the
labor organization his views,
upon candidates in an
election…
SAG-AFTRA
Final Decision
Carteris Austin Modine National Election
Committee
Decision
Rather than securing the As Nat’l Secretary Although No Violation:
right of Searles and Treasurer she supported, Matthew Modine
Justice to participate, helped organize and promised “SAG-AFTRA did not
they invested Union praised organizers of a Candidate, Queen sponsor or pay for this
resources including its SAG-AFTRA Members- AllJAHyé Searles event.”
Stationery, Name, Logo, only Union Mtg that that he would “The event was not in
and Chief Spokesperson, repudiated members bring to the any way sponsored by
National Treasurer, & right to be “full Executive or supported by SAG-
Board Member, et al. to participants in the committee’s AFTRA.”
proffer their own agenda workings of their attention that all
to the SAG-AFTRA union,” and ensuring candidates should
membership at the that SAG-AFTRA funds be invited, he
expense of denying an & resources were “used failed to do so
equal opportunity for all for the maintenance of thus participated
Presidential Candidates democratic procedures in denying equal
to address the & Practices…” opportunity to All
membership. members.
Carteris obstructed the Austin impeded members Modine participated No Violation:
right of SAG-AFTRA Searles & Justice’s right in said event, made “SAG-AFTRA did not
Members in good to equal treatment and an unbecoming sponsor or pay for this
standing to run for Freedom of Speech by controversial joke, event.”
office…openly support or working in conjunction that made Headlines,
oppose candidates of with President Carteris et about being the only “UW is not a Local of
their choice, etc. by al. to block them from male Candidate SAG-AFTRA, a
colluding with assembling freely and Nominated and subdivision of SAG-
UnionWorking members, expressing their views, disregarded his duty AFTRA, or otherwise
et al. to circumvent the arguments, or opinions at to convene the affiliated with SAG-
SAG-AFTRA & U.S. the First-Time Ever SAG- National Board to AFTRA.”
Constitutions, the United AFTRA Presidential put a HALT to this
States Code and other Union Meeting. illegal, exclusionary
laws to discriminate and and discriminatory
silence the voice and UNION meeting.
opportunity of
Candidates of Color.

Table 1 Pg. 1 of 3

1
Article XIII Non-Discrimination
The UNION, its affiliated Locals and
any member, officer, representative,
or employee shall not
discriminate…against
any…member…of the UNION on
the basis of race, national origin,
ancestry, color, creed, religion,
sex…for any purpose, including but
not limited to…holding office…in
the UNION.
Article II (E) Cooperating,
coordinating and combining with
other organizations whose objectives
include the advancement and
improvement of members’
compensation and working
conditions whenever such actions is
in the best interests of our
members;
Article VI(B)(3) & (6)
The President shall be the chief
spokesperson for the UNION in
affiliated and other organizations.
VI(B)(6)
The President shall consult with
and be assisted by the Executive
Vice President, the Secretary-
Treasurer and the Vice President
in furthering the objectives and
policies of the UNION.
Table 1 Pg. 2 of 3
Article IV(A)(5) Campaign Rules (4)(a) & (d)
Electioneering…on UNION forbids use of union resources
premises or at UNION meetings or to support a favored candidate
committee-sponsored events is for office over any other
strictly prohibited provided that the candidates, and it specifically
National Board or a Local Board prohibits the union and its
may host a “Meet the Candidates” officers from discriminating
event at which all candidates will be among candidates…
afforded an equal opportunity to
address the membership. (d) A local union may sponsor
a debate at a union meeting
among all candidates for office
as long as no candidate is
shown preference over
another… and all candidates
are permitted to express their
views to membership.
29 U.S.C. §481
“Every national or
international labor
organization…, and every
local labor organization, and
its officers, shall be under a
duty…, to refrain from
discrimination in favor of or
against any candidate…”
IV(A)(1) Campaign Rules (4)(b)
No SAG-AFRA funds, resources “A union may not use funds
or facilities may be used to promote received from dues,
the candidacy of any person…(d) assessments, or similar levies
Use of the UNION’s logo or to promote the candidacy of a
name…in a manner which would particular individual in a
reasonably be construed as an union election.”
endorsement by the UNION is
strictly prohibited
IV(A)(7) 29 U.S.C. §401 (2)(a)
The use of the SAG-AFTRA logo, To accomplish the objective of
or any facsimile thereof, is not a free flow of commerce…labor
permissible for campaign purposes organizations, employers and
at any time their officials adhere to the
highest standards of
responsibility and ethical
conduct in administering the
affairs of their organizations
2
Against the SAG- In a deadline article and Modine conspired No Violation:
AFTRA Constitution, the on Twitter, Jane Austin with Carteris,
SAG-AFTRA confirmed that she was Austin, UW, et al. to “SAG-AFTRA did not
Nominations and fully aware of UW’s discriminate against sponsor or pay for this
Elections Policy and the Objective to “clearly fellow SAG-AFTRA event.”
OMLS, Carteris used the show that “there are 3 members based on “The event was not in
Union Name, Logo & the very distinct candidates race. Color, and/or any way sponsored by or
Nat’l VP in a campaign running for President of national origin and supported by SAG-
video as well as in #SAFAFTRA. [She is] participated in a AFTRA.”
campaign literature excited and inspired to Union debate in
posted and/or retweeted be running as THE violation of the Relative to the Carteris’
on social media…(See INDEPENDENT!” She SAG-AFTRA employer sponsored
Table 2) knowingly and willfully Constitution, its campaign:
conspired to Election Policies
“There is nothing that
Additionally, she discriminate against and LMRA
occurs on the series that
participated in a wholly fellow SAG-AFTRA Campaign Rules.
can even remotely be
discriminatory SAG- Members and to deny Modine did not
considered to be
AFTRA Presidential them the right to equal utilize his position
promoting Carteris’
Town Hall Union treatment, rather than of leadership to
candidacy… Since the
meeting on August 15, suggesting that UNION suggest a lawful
series does not promote
2019 and failed to take resources be used to SAG-AFTRA
Carteris as a candidate
corrective measures in sponsor a legitimate Presidential Town-
for office, this is of no
accordance with relevant SAG-AFTRA Hall UNION
import.”
UNION & Federal Laws Presidential Town-Hall meeting.
to prevent an debate in accordance
exclusionary UNION with UNION and
meeting. Federal Laws.
Carteris breached her Austin also breached her Modine breached No Violation:
fiduciary duty to work in fiduciary duty to work in his fiduciary duty
the best interest of the best interest of to work in the best UW is not a Local of, a
members when members by working in interest of subdivision…or
cooperating with outside concert with UW, members by not otherwise affiliated…
organizations. She Carteris, Modine, et al. calling on the has no formal or
allowed UW to use SAG- to promote her SAG-AFTRA informal relationship
AFTRA resources to candidacy as “THE Nat’l Board to with SAG-AFTRA.
promote her candidacy… INDEPENDENT” prevent this
candidate… discriminatory
UNION Mtg.
As the Chief As National Secretary- In his capacity of No Violation:
Spokesperson for SAG- Treasurer, Austin National Board
AFTRA, Carteris supported and Member, Modine “The Event was not in
worked with an outside commended an outside participated in and any way sponsored by
organization whose stated organization whose commended an or supported by SAG-
objective was to show objectives were not in outside AFTRA”
that there were “3 the best interest of organization
candidates for SAG- SAG-AFTRA members whose objectives
AFTRA President and and further whose were not in the
who whose leadership objectives substantially best interest of
brazenly discriminated circumvented the SAG- SAG-AFTRA
against two candidates AFTRA Constitution Members.
based on race. and Federal laws.
Articles II (G), (I), & III (E) (1) & (2)
Receiving, administering and
expending the Union’s funds in the
interests of our members;
Without limitation, protecting the
SAG-AFTRA rights of
entertainment and media artists…
consistent with the overall
objectives of the UNION and doing
all other things necessary and
proper to advance and promote their
welfare and interests;
An active member in good standing
shall be entitled to all of the rights
and privileges of membership in the
UNION, including the right to vote
for Union officers and hold elective
office…
All members of the UNION agree…to
comply with the UNION and Local
Constitutions, rules, policies and
procedures
Article IX(A)(2)(b)
The Executive Committee shall not
revoke or contravene any decision
or resolution of the National
Board, take any action that violates
this Constitution…or take any
action that establishes any new
policy…
Article X(B)(6)
A Local may not adopt any policy
or take any action which is
injurious to any other Local or
detrimental to the best interests of
the UNION.
Table 1 Pg. 3 of 3
IV(B)
No employer or UNION funds,
resources, personnel or facilities
may be used to promote the
candidacy of any person…
includes…use of a UNION’s or
employer’s stationery, equipment,
facilities, personnel or other
resources to promote a candidate.
The prohibition on employer
contributions extends to every
employer, regardless of the nature
of the business…
IV(A)(7)
The use of the SAG-AFTRA logo,
or any facsimile thereof, is not
permissible for campaign purposes
at any time
IV(A)(1)
No SAG-AFRA funds, resources or
facilities may be used to promote the
candidacy of any person…(d) Use of
the UNION’s logo or name…in a
manner which would reasonably be
construed as an endorsement by the
UNION is strictly prohibited
Campaign Rules (4)(c)
Employers may not contribute
funds, directly or indirectly in
support of the candidacy of
any person for union office
under any conditions…
29 U.S.C. §481
(g) No moneys received by
any labor organization…no
moneys of an employer shall
be contributed or applied to
promote the candidacy of any
person…”
29 U.S.C. §401 (2)(b)
Congress finds that there have
been…instances of breach of
trust, corruption, disregard of
the rights of individuals…and
other failures to observe high
standards of responsibility &
ethical conduct and interest of
employees & the public
29 U.S.C. §401 (2)(c)
The Congress finds & declares
the enactment of this Act…to
eliminate or prevent improper
practices on the part of labor
organizations, employers…
and their officers and
representatives which distort
& defeat the polices of the
Labor Management Relations
Act…and have the effect of
burdening or obstructing
commerce…causing
diminution of employment and
wages in such volume as
substantially to impair or
disrupt…the channels of
commerce.
3
A Nat’l Commercial aired
August 7, 2019 on Fox
promoting the launch of a
six-episode Campaign
series which aired that
evening on Fox. Carteris
appeared as An
“exaggerated” Version of
herself as President of
Actor’s Guild of America
https://www.foxla.com/video/592294
In addition to receiving
employer contributions,
using & using UNION
resources, she failed to
protect the rights of
membership, conspired with
an outside union whose
objectives did not promote
the welfare & interest of
SAG-AFTRA members to
support her own candidacy
In her official capacity,
Carteris breached her
fiduciary duty to prevent
an outside organization
from using the SAG-
AFTRA Name & Logo &
worked in concert to
establish new policies for
an outside organization to
stage a discriminatory
Presidential UNION
Debate.
Throughout her campaign,
Carteris has engaged in
conduct that is unbecoming
a SAG-AFTRA leader,
including engaging in
activities that defeat the
polices of the LMRA,
sharing insider information
and causing diminution of
employment & wages for
SAG-AFTRA members,
particularly for, Queen
AllJAHyé Searles, as
Carteris has caused her
public shame and has
caused her credibility as a
SAG-AFTRA Actress to
come under attack.
Jane Austin superseded
her authority and failed
to comply with the
UNION Constitution,
rules & policies through
her willful neglect of
protecting UNION
resources from misuse
by an outside union
organization & allowing
said labor organization
to infiltrate funds in the
production of an
exclusionary SAG-
AFTRA Presidential
Town-Hall to promote
their own agenda and
endorse the three white
SAG-AFTRA
candidates, which is
inconsistent with the
overall objectives of the
SAG-AFTRA
Constitution & violates
the U.S.C.
Austin worked in
conjunction with Carteris,
Modine and other national
Officers and Board
members to establish a
precedent for obviating
the SAG-AFTRA
Constitution & other laws
relative to Union debates
as listed and breached her
fiduciary duties to protect
SAG-AFTRA Asset & it’s
members.
In her capacity as L.A.
Local President, Austin
violated member trust by
adopting policies that
engaged members in a
meeting, hosted by an
outside organization that
proffered her own best
interest rather than the
interest of ALL SAG-
AFTRA Locals & lured
local members to a
discriminatory meeting
that has placed the SAG-
AFTRA UNION in a
position of disrepute.
By participating in No Violation:
the exclusionary
outside labor union “Carteris is the
organization president of a fictional
Matthew Modine union, “Actors Guild of
also disregarded America,” a reference
his agreement to to Carteris’s position as
comply with the the SAG-AFTRA
UNION president…”
Constitution. As a
National Board Notwithstanding that the
Member he has an SAG- AFTRA Chief
obligation to Spokesperson, National
observe high Secretary-Treasurer,
ethical standards National V.P. and
when interacting National Board
with outside Members, the FACES of
organizations. SAG-AFTRA, allowed
Modine an outside organization
substantially to use the SAG-AFTRA
neglected his Name, logo and its
leaders. the Committee
responsibility to
found:
protect Union
The discriminatory
resources from
UNION meeting
misuse.
In his official UW is not a Local of, a
capacity as Nat’l subdivision…or
board member, otherwise affiliated…
Modine also worked has no formal or
in collusion with informal relationship
Carteris, Austin, with SAG-AFTRA.
UnionWorking, et [Thus, apparently this
al. to implement gives UW the right to
new policies & use the SAG-AFTRA
disregard the rights name & logo & arrange
of members. discriminatory SAG-
AFTRA Presidential
Town-halls]
Modine, along with Members of the Nat’l
Carteris and Austin Officer Election
were aware that Committee, Ray Proscia,
they superseded Steve Bayorgeon, Marcy
their authority to Goldman, Jim Murtaugh,
take actions that and Sally Weldon have
were detrimental to individually and
the best interest of collectively breached their
the UNION and responsibility to conduct a
implement perspicacious investigation
improper policies into the improper practices
that allowed an on the part of Incumbent
outside SAG-AFTRA officers,
organization access Gabrielle Carteris, Jane
to Union resources Austin and Matthew
to promote their Modine and rendered a
respective dismissive indifferent
candidacies. decision that evades reason
4