SAG Suit Alleges Election Tampering

A year after a failed merger attempt between the Screen Actors Guild and the American Federation of Television and Radio Artists, accusations are still flying over alleged voter manipulation.

SAG said Monday that two sets of electronic communications were sent out on the eve of the bitterly contested election over the proposed merger, which backers said would give performers more clout when negotiating with media conglomerates.

One of the e-mails was an anonymous mass mailing to SAG members. The sender purported to be a SAG member and urged fellow union members to reject the proposal.

In a lawsuit filed in Los Angeles federal court this year, SAG identified the sender of this e-mail as John Vulich, the president of Optic Nerve Studios, a makeup and special-effects house in Los Angeles. Vulich is not a member of SAG, and the union has accused him of trying to tamper with the election results.

The second missive was potentially more insidious because it was disguised as a SAG human resources memo, the union said. The bogus e-mail was aimed at SAG staffers, warning them that their jobs would be in jeopardy if the measure passed.

Ultimately, the merger proposal was defeated by a 2% margin in July 2003.

Since then, SAG authorities have continued efforts to ferret out those responsible for the e-mails, which they said could have swayed voters at the last minute.

“There is no problem with people speaking out,” David White, SAG’s general counsel, said Monday. But he added that no one should “obtain e-mail addresses to employees and send disturbing e-mails, saying that they are going to lose their job. Several individuals were really nervous about this e-mail.”

A union investigation eventually traced the first e-mail back to Vulich. At first, Vulich denied any involvement. His lawyer, Bret Fausett, said Monday that Vulich now admits sending the bulk e-mail -- but said his client did so on behalf of a friend who was a SAG member. Vulich has refused to identify the friend.

SAG authorities also suspect Vulich is behind the e-mail to SAG staffers. Fausett said Vulich adamantly denied any involvement with that second e-mail. Vulich couldn’t be reached for comment Monday.

In April, SAG filed a civil lawsuit against Vulich, alleging that he was responsible for sending both e-mails.

Vulich and his attorney asked a judge to dismiss the suit, saying it was without merit. But a federal judge ruled Friday that SAG could proceed.

Depending on the outcome of the suit, SAG may bring the matter to the attention of the Labor Department, White said.

Fausett, meanwhile, accused SAG of trying to silence political expression.

“The only thing he has ever said is that he assisted a member of SAG in sending the e-mail,” Fausett said. “The idea that they are spending their memberships’ union dues to continue to fight the battle they lost last summer is outrageous.”

SAG and AFTRA have had on-and-off discussions about joining forces since the late 1930s.

Although backers of last year’s merger proposal asserted that a combined union would give performers more bargaining-table power, opponents said there were too many unanswered questions. Among them was how the marriage would affect pension and health plans.

AFTRA members overwhelmingly endorsed the proposal, with 76% of votes cast in its favor. By contrast, about 58% of SAG’s voting members supported it, but that fell 1,200 votes shy of the 60% hurdle needed for approval.