The WGA has gone to the National Labor Relations Board claiming that the producers aren’t bargaining in good faith. It’s pretty clear that the producers aren’t bargaining in good faith; they’re doing things like asking the writers to come to the table with concessions and they’ll then discuss other matters, and then turning around and asking for more concessions right away.
However, the NLRB will almost certainly side with the producers, because this is George Bush’s unionbusting NLRB.
The thing is that before the strike the producers offered (I believe) a two-year study into Internet streaming (the key issue) before negotiating. The writers were against this, because it was obviously an attempt to get two years’ profits before paying anything. However, in retrospect it would have been wise to accept the offer. In two years, the NLRB will probably be part of a Democratic administration, and much more likely to be at least neutral.