Has the American Writers Association’s Western Board of Directors gone too far among the disciplined members, allegedly violating its 2023 strike rules? Or is it appropriately responding to actions that threaten unions and their members?

Union members answered the question with multiple reactions in a vote Thursday that maintained three-quarters of the penalty. Discipline was subject to very tight results in the case of Julie Bush (745 to 686), Edward Drake (769 to 652) and Roma Roth (778 to 639). Doyle's punishment was overturned and another action was taken after members voted 915 to 557.

Among the seven writers, allegedly violating the WGA's strike rules, Bush, Drake, Doyle and Rose all chose to appeal their punishment. The punishment received by the other three writers who were disciplined is still unknown.

The ILO board of directors had previously expelled two writers - Drake and Rose - suspended Bush until 2026 and banned her from occupying non-elected positions in the guild. Doyle was publicly condemned for posting images on social media that are considered racist.

The vote ended the high charging period of the famous hard-to-pay guild. In their appeal materials, the defendants questioned the methods of union practice against their actions and raised allegations that the guild violated its constitution and even federal labor laws.

But the union’s member leaders insisted that they received proper punishment. Over the past few days, board members Nicole Yorkin and Rob Forman have encouraged union members to maintain the ruling of the body, and Forman said the board “takes fair action.”

In his message, Fu'an called on the writer to "reject disciplinary members to hurt the guild by turning their backs to their peers during the strike."

WGA team captain Tyler Ruggeri was his resource in another email to WGA members and also encouraged them to maintain the initial disciplinary action on the board. "These measures seem difficult or uncomfortable, but most importantly, the discovery of members is illegal and the right to appeal is being exercised," he said, between reporting on other WGA operations.

Unions can determine the details of how they want to perform internal discipline procedures within their limits. The Landrum Griffin Act, also known as the Labor Management Reporting and Disclosure Act, requires unions in disciplinary litigation to provide members with written, specific charges, appropriate time to assemble defenses and “a comprehensive and impartial hearing.”

Meanwhile, a series of U.S. Supreme Court rulings show that under the National Labor Relations Act, individual unions “have the right to prevent their status from eroding by reasonably violating the discipline of members of the ruling membership rules and regulations,” said James Brudney, who specializes in labor and employment laws. This is still true for members who violate the discipline of rules during the strike.

In this case, unions often take a thin line between punishments that try not to alienate their members, which may be considered too harsh and also protect their own interests. If enough members violate strike rules or cross pickets, the leverage between unions and employers will seriously erode and enforce the contract.

Often, unions “should not, usually not be crazy, but there is a big latitude.” “Remember, unions are a private organization. It’s not a government entity.”

During the appeal process, arguments about the freedom of the alliance along with the process surfaced. A letter written by the Internal Trial Committee Chairman in the Rose case appeared, accusing the Guild attorneys of inappropriate recommendations on the scale of the group’s decision to be appropriately punished. That chairman, former public defender Jill Goldsmith, moved himself away from the committee.

Minority views in the Doyle case, written by an unnamed member of his trial committee, were also made public. Its authors claim that WGA Western Council and union lawyers “choose to intentionally distort and weaponize provisions of our constitution in an attempt to send information and punish guild members.”

Bush raised the question of WGA West Board's recent change in its process of calling for discipline. Bush called for a general membership meeting in a letter to the WGA Western Parliament, which designated it as the Appeal Forum. In February, the union committee passed new rules that allow online voting. "If not resolved in time, I reserve the right to escalate these issues to the Department of Labor," Bush wrote.

In response, Sean Graham, general counsel for the West of the Writers Association, denied her request and said the board had adopted new procedures as a practical issue. “The board concluded that an annual membership meeting would be held to resolve the appeal because the quorum was not possible, which would be invalid, defined as 10% of the current active members of the guild (about 1,100 members).” He said that at the last membership meeting in 2019, less than 30 members attended, so online voting allowed more members to attend.

Before the appeal vote began on May 6, documents on litigation proceedings were released to members, revealing private procedures that were often conducted by major figures such as Jay Leno and Joan Rivers.

Given that the American Writers Association is about a year away from the bargaining tables for large studios and streaming media, the timing of the vote is very important. The union will seek to enable members to be activated, engaged and united to show employers a strong aspect in 2026.