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James Nicholas Counter III (1940–2009) was a labor attorney and the long-standing president of the
Alliance of Motion Picture and Television Producers The Alliance of Motion Picture and Television Producers (AMPTP) is a trade association based in Sherman Oaks, California, that represents over 350 American television and film production companies in collective bargaining negotiations with ente ...
and chief negotiator for the major studios who squared off against Hollywood's writers during a 100-day strike in 2008. He was a fixture in Hollywood labor circles, having overseen some 400 labor contracts with writers, actors, film crews, musicians and scores of other professionals. He served as AMPTP's president for 27 years and was the chief negotiator for 311 major labor pacts, including six in 2008. He retired in February 2009. For most of his tenure, Counter presided over a tremulous period of relative labor calm, except for two massive strikes that rocked Hollywood, in 1988 and 2008, both by the Writers Guild of America. Over the years, Counter was sometimes praised by his colleagues for giving the often-fractious alliance a unified voice, a task that became increasingly trying as studios became facets of media conglomerates with diverse businesses. The group has sometimes had difficulty reaching consensus, perhaps because it represents more than 350 film and television producers, including major media giants that are fierce competitors. At the same time, Counter's pugnacious style and tactics—which included trying to stare down opponents and publicly rebuking union officials who angered him—also made him the nemesis of many workers, especially during the most recent writers strike, when he was criticized as tone-deaf to their concerns. In the heat of negotiations with the Writers Guild in 2004 Counter gave a speech paying tribute to Daniel Petrie Jr., the director and father of the former guild president.


Early life

Born in
Phoenix Phoenix most often refers to: * Phoenix (mythology), a legendary bird from ancient Greek folklore * Phoenix, Arizona, a city in the United States Phoenix may also refer to: Mythology Greek mythological figures * Phoenix (son of Amyntor), a ...
on March 21, 1940, Counter grew up in the
Denver Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
area. During summers, he worked in a
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
steel mill A steel mill or steelworks is an industrial plant for the manufacture of steel. It may be an integrated steel works carrying out all steps of steelmaking from smelting iron ore to rolled product, but may also be a plant where steel semi-finish ...
where his father rose from salesman to vice president. The experience piqued his interest in labor issues. "What I learned was that unions come about because of bad management," he said in an interview with The Times in 2007. Counter was an amateur boxer and a star football player in high school, later playing halfback at the
University of Colorado The University of Colorado (CU) is a system of public universities in Colorado. It consists of four institutions: University of Colorado Boulder, University of Colorado Colorado Springs, University of Colorado Denver, and the University of Co ...
, where he earned a full
Boettcher Scholarship The Boettcher Scholarship is a four-year, full-tuition and partial living expenses merit-based academic scholarship awarded to graduating Colorado high school students. Award recipients, on average, rank in the top 2% of their graduating classes an ...
to study
electrical engineering Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the l ...
. He shifted to law, studying at
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
before becoming a labor attorney in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
. The studios tapped him in 1982 to unify the newly formed alliance, whose members had previously squabbled over how labor negotiations should be conducted. "I planned on doing it for three years and then getting back to my practice," Counter said.


Career

Counter stipulated that companies act with one voice, viewing a "strike against one as a strike against all." Instead of responding to union demands, he made companies craft proposals. His biggest challenge came six years later during the 1988 Writers Guild of America strike that lasted 22 weeks. Counter and his labor counterparts became convinced that future disruptions could be avoided if negotiations began well before contract's expired. The approach worked well, at least until fall 2007, when the writers—fearful that studios were shortchanging their future in the Internet era—again went on
strike Strike may refer to: People * Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
. The walkout followed weeks of acrimonious talks between Counter and guild officials. He served as a trustee on 14 of the guild and union health and pension funds and also as a trustee for the
Motion Picture & Television Fund The Motion Picture & Television Fund (MPTF) is a charitable organization that offers assistance and care to those in the motion picture and television industries and their families with limited or no resources, including services such as tempo ...
.


Death

Counter died November 6, 2009 at the age of 69. "Nick's passing is a profound loss for the entire entertainment community," said AMPTP President
Carol Lombardini Carol may refer to: People with the name *Carol (given name) *Henri Carol (1910–1984), French composer and organist *Martine Carol (1920–1967), French film actress *Sue Carol (1906–1982), American actress and talent agent, wife of actor Ala ...
. "We will all remember Nick for his passionate leadership, which was always guided by a resolute sense of fair play and an earnest desire that everyone come out a winner." "Although we sat on opposite sides during labor negotiations, Nick was a friend, man of honor and worthy adversary, doing his best to represent his constituents,"
Directors Guild of America The Directors Guild of America (DGA) is an entertainment guild that represents the interests of film and television directors in the United States motion picture industry and abroad. Founded as the Screen Directors Guild in 1936, the group merge ...
Secretary-Treasurer
Gilbert Cates Gilbert Cates (né Katz; June 6, 1934 – October 31, 2011) was an American film director and television producer, director of the Geffen Playhouse, a member of Cates/Doty Productions, and founding dean of the UCLA School of Theater, Film and Te ...
and National Executive Director
Jay Roth Jay D. Roth (born October 23, 1946) is an American lawyer who for over two decades served as the National Executive Director of the Directors Guild of America (DGA), the 17,000 member entertainment guild representing the economic and creative r ...
said in a statement. "We shared the same goal – protecting our industry – yet often held different ideas at times about how to accomplish this. But ultimately Nick would always listen, evaluate and try to understand where we were coming from and look for a way to find a deal that worked for both parties." He is survived by a son, Nicholas; a daughter, Samantha, and her husband, producer and screenwriter
Alex Kurtzman Alexander Hilary Kurtzman (born September 7, 1973) is an American filmmaker. He is best known for his work on the ''Star Trek'' franchise since 2009, co-writing the scripts to ''Transformers (film), Transformers'' (2007), ''Transformers: Revenge ...
; and a grandson, Jack.


External links


J. Nicholas Counter, III biography
via Alliance of Motion Picture and Television Producers * {{DEFAULTSORT:Counter, Nick 1940 births 2009 deaths 20th-century American lawyers Stanford University alumni People from Phoenix, Arizona Place of death missing University of Colorado alumni