What Is a SAG-AFTRA Taft-Hartley Form?

What Is a SAG-AFTRA Taft-Hartley Form?

In commercial production, the ability to work seamlessly with the SAG-AFTRA union is essential for unlocking top-tier talent, reaching wider audiences, and staying on the right side of union rules. The SAG-AFTRA Taft-Hartley form gives producers a way to bring in the best-fit talent—even if they’re non-union—while maintaining union compliance. This is a crucial tool for advertisers and producers who want to balance creative flexibility with the regulatory demands of union work.

For advertisers, it’s not just about finding a performer; it’s about opening doors to non-union talent who can bring a fresh perspective to union projects. And for producers, having control over who can join the production without becoming mired in union restrictions can mean the difference between a smooth process and delays or penalties down the line. By the end of this blog,  you'll have a clear roadmap for leveraging the Taft-Hartley form to bring fresh talent into your production smoothly and successfully.

What Is the SAG-AFTRA Taft-Hartley Form

The Taft Hartley Agreement, named after The Taft-Hartley Act of 1947, is a crucial form used within SAG-AFTRA that, through the union’s permission, allows producers to hire a non-union actor to work on a union production. 

Union actors under the SAG-AFTRA union - or any other entertainment labor union - can rest assured their workers rights are protected throughout production. Their rights include: 

  • Negotiation of talent contracts

  • Ensures minimum salaries

  • Health benefits

  • Paid Holidays 

  • Legal Support

  • Safe workplaces 

However, non union actors represent themselves, which can leave them without access to several key protections and benefits that union members enjoy. This includes: 

  • Safe working conditions

  • Residual payments for ongoing use of their work

  • Healthcare and pension benefits. 

Within the Taft-Hartley form, it covers several crucial factors:

1. Compliance Documentation: The Taft-Hartley form is required by producers who intend to hire non-union actors under specific conditions. The form must explain why a non-union member should be hired over union talent; this can include actors having special skills, they are famous, have certain physical appearances, among other qualifications. The union will review each Taft-Hartley form and decide whether the non-union actor meets the criteria to be eligible.

2. 30 Day Window: Once the non union actor is approved to be hired under the Taft-Hartley form, they have 30 days to work on the union project without being required to join SAG-AFTRA.  

3. Union Eligibility: For non-union performers, this form starts the process for them to become SAG-AFTRA eligible, which is a huge stepping stone for new talent looking to move forward in their professional career through union covered projects. 

The Taft-Hartley form is an essential form for producers that allows flexibility in casting. It also allows for new emerging talent an opportunity to work within the union while ensuring compliance with union terms and regulations.

How to Fill Out a SAG-AFTRA Taft-Hartley Form

Filling out the SAG-AFTRA Taft-Hartley form is a critical step for any production bringing non-union talent into a union project. This form not only ensures you’re following union guidelines but also helps streamline the approval process, so your new talent can legally perform without delays. Here we provide a step-by-step guide to help you fill it out correctly.

1. Access the Taft Hartley form 

The Taft-Hartley form can be downloaded directly from the official SAG-AFTRA website or requested from your union representative. Be sure to select the correct form based on your project type, as requirements may differ for commercials, film, television, and other formats. Starting with the right form is crucial for a smooth process, as using the wrong one could delay approval.

2. Employee information

This section covers essential details about the non-union performer you’re hiring. Accuracy is key here, as incorrect information can lead to complications later on.

  • Full Name: Enter the non-union performer’s full legal name as it appears on their identification.

  • Social Security Number: This information is vital to process the performer’s eligibility for future union benefits and ensures compliance with employment regulations.

  • Work Date(s): List the specific dates the performer will work on your production. This helps the union understand the duration and scope of the non-union hire.

  • Contact Information: Provide the performer’s mailing address, phone number, and email address. This ensures they receive important notifications and enables smooth communication with the union if needed.

3. Employer information

This section identifies the production company or employer who is responsible for the union compliance.

  • Signatory Name: Enter the official legal name of the company or individual acting as the union signatory.

  • Signatory Information: Include the full address, email, and point of contact for the signatory. This information is essential for the union to verify that the hiring entity is an approved signatory and is following union protocols.

4. Project information

This section provides SAG-AFTRA with context about the project and the performer’s role.

  • Contract Type: Specify the union contract type under which the performer will be working (e.g., Commercials Contract). The contract type determines the rules and rates applied to the performer.

  • Performer Category: Indicate whether the performer will act, sing, dance, or perform stunts. This classification helps the union understand the nature of the performer’s work.

  • Work Dates: Reiterate the dates on which the performer will work for consistency with earlier sections.

  • Production Title: Enter the full title of your production exactly as it appears in project listings or public communications.

  • Shooting Location: Specify the city and state where filming will occur. This is especially important for union tracking and benefits purposes.

  • Reason for Hire: Clearly explain why you are hiring a non-union performer for this role instead of a union actor. The explanation should be as detailed as possible to justify your decision.

5. Reason for hire

This is one of the most crucial sections, as it allows you to make your case for why a non-union performer is essential for this role. Be specific in describing any unique skills or attributes the non-union performer brings, such as special talents, language abilities, or physical characteristics that might not be available within the union pool. Additionally, if there were scheduling conflicts or no union actors available, detail those reasons here.

6. Important documents 

Supporting documents bolster your request by demonstrating the unique suitability of the non-union performer. Consider attaching:

  • Photo: A headshot of the performer.

  • Resume: A professional resume outlining the performer’s experience.

  • Audition Tape: If available, this can provide the union a firsthand look at the performer’s skills.

  • Availability Documentation: Proof of efforts to book union actors who were unavailable for the production dates can strengthen your case.

7. Sign and submit

Once the form is complete, the designated producer or casting director must sign it. This signature certifies that all information is accurate to the best of your knowledge. After signing, submit the form to SAG-AFTRA within 15 days of the non-union performer’s first day on set. Timely submission is essential to avoid potential penalties and keep your production in compliance.

By following each of these steps, your production can smoothly and successfully navigate the Taft-Hartley process, bringing in the right talent without compromising union standards.

How to Avoid Taft-Hartley Related Grievances 

Avoiding Taft-Hartley-related grievances is essential for producers committed to staying in compliance with SAG-AFTRA guidelines while hiring non-union talent for union productions. Grievances can lead to financial penalties, production delays, and complications with the union, potentially impacting your production timeline and your working relationship with SAG-AFTRA on future projects. By following a few best practices, producers can navigate this process more smoothly and avoid common pitfalls. Here’s a breakdown of how entertainment producers can effectively minimize the risk of Taft-Hartley-related grievances:

1. Follow Union Rules and Regulations

SAG-AFTRA’s priority is to secure employment opportunities for its members, meaning producers are expected to prioritize hiring union performers whenever possible. Before hiring non-union talent, producers should conduct a comprehensive search for union actors who may be suitable for the role. Document your outreach and audition process to demonstrate due diligence in filling the role with union talent. Maintaining a record of auditions, casting calls, or agency outreach that didn't yield a union actor suitable for the role is critical. By ensuring no qualified union performers are available, you’ll be in a stronger position to justify your choice if the union questions your hiring decision.

2. Provide a Strong, Justified Reason for Hiring Non-Union Talent

When a non-union performer is selected, producers are required to give a clear, legitimate reason for why this particular individual is essential to the role. The justification should be as specific as possible to demonstrate the unique qualities that make this performer the right fit for your production. Detail any unique skills, experience, or physical attributes that make this non-union actor essential to the role, particularly if these characteristics couldn’t be met within the available union talent. Supporting your choice with materials such as audition tapes, resumes, or availability documentation can provide further validation and reduce union objections. The goal is to make it clear that your decision is based on the project’s needs and not simply to circumvent union guidelines.

3. Submit Taft-Hartley Forms Completely and on Time

The SAG-AFTRA Taft-Hartley form must be fully completed and submitted to the union within 15 days of the non-union performer’s first day on set. Submitting this form late or with incomplete information is one of the most common triggers for grievances and can result in penalty fees, production delays, and potential obstacles in future union compliance. To avoid issues, double-check that every required field on the form is accurately completed, and attach all necessary supporting documents.

4. Maintain Open Communication with SAG-AFTRA Representatives

If you encounter unique challenges in the hiring process or anticipate any potential union concerns, it’s wise to reach out to a SAG-AFTRA representative early on. Proactively discussing the situation and seeking their guidance demonstrates that you’re working in good faith, helping to prevent misunderstandings that could lead to grievances. 

5. Keep Detailed Records and Documentation for Future Reference

Documentation is your best defense if a grievance arises. Retain copies of all completed forms, audition records, communications, and any supporting documentation related to your decision to hire non-union talent. Well-maintained documentation not only strengthens your case if questioned but also provides a streamlined reference for future productions, reducing the time and effort needed to complete Taft-Hartley requirements down the line.

Conclusion: Master the Taft-Hartley Contract and Seamlessly Hire Union Talent

Navigating the Taft-Hartley process is essential for producers who want to hire non-union talent while staying in compliance with SAG-AFTRA regulations. By mastering the Taft-Hartley guidelines, producers can avoid grievances, maintain a positive relationship with the union, and keep their productions running smoothly.

Need expert help engaging with SAG-AFTRA? 

CMS Productions is a third party union signatory to SAG-AFTRA Commercials, Corporate Educational / Industrial & Interactive Media agreements.  We’re happy to assist with helping you maximize your union talent value while controlling costs. Contact us today to request our rate sheet.

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Unlocking the Full Potential of Union Talent with the SAG-AFTRA Commercials Contract