1996 TELEVISION COMMERCIAL AGREEMENT
THIS AGREEMENT has been negotiated between the INTERNATIONAL ALLIANCE
OF THEATRICAL STAGE EMPLOYES, MOVING PICTURE TECHNICIANS, ARTISTS and ALLIED
CRAFTS OF THE UNITED STATES AND CANADA, AFL-CIO, CLC ("IATSE")
and the ASSOCIATION OF INDEPENDENT COMMERCIAL PRODUCERS, INC., ("AICP")
and is binding on those television commercial production companies that
have consented to be bound hereby ("Employer" or "Employers").
Employers are engaged in the physical production of television commercials
pursuant to contracts with advertising agencies and/or advertisers intended
for television exhibition. The IATSE represents motion picture and television
production technicians and artisans, many of whom work in the production
of television commercials.
Television commercial production services the advertising industry by
providing filmed and taped commercials for television. While the physical
production processes of television commercials parallels that of motion
picture production, the process is creatively controlled by advertisers
and their agencies whose requirements effect personnel selection, production
schedules, work practices and budgets.
This Agreement is intended to recognize and address the special needs
of the television commercial production process. It is the intent of the
parties hereto that this Agreement establish the wages and working conditions
applicable to motion picture and television production technicians and
artisans employed in the production of television commercials.
ARTICLE I - RECOGNITION
The Employer recognizes the IATSE as the exclusive collective bargaining
representative of all production technicians and artisans employed in classifications
traditionally represented by the IATSE in the motion picture industry who
are employed by the Employer in the County of Los Angeles to perform services
either within or without of said county in the production of filmed television
commercials.1 This Agreement is not applicable to office clerical
employees, production assistants or guards as defined by the National Labor
Relations Act.
1Excluding public service announcements, spec
commercials and low budget commercials whose aggregate shooting schedule
is two days or more and aggregate production costs do not exceed $100,000.
With respect to low budget commercials, wage rates shall be subject to
individual negotiation but the benefit provisions of Article XXII shall
be applicable.
ARTICLE II - UNION SECURITY
Employees covered by this Agreement, as a condition of employment, shall
become and thereafter remain members in good standing of the IATSE2
on and after the thirtieth day of their employment or thirty days following
the execution of this Agreement, whichever is the later date. The foregoing
shall be subject to and limited by applicable State law and to the extent
that any applicable State law does not permit the form of union security
herein provided, then and in that event, this Agreement shall be deemed
to provide for the maximum form of union security permitted by said State
law. "Members in good standing" shall be defined, interpreted
and implemented by the parties as an employee who meets the financial obligations
only in accordance with the provisions of the National Labor Relations
Act.
2 Including the appropriate chartered West
Coast Studio Local of the IATSE ("Local Union").
ARTICLE III - ADMINISTRATION
In order to achieve consistency and continuity in the administration
of this Agreement, the IATSE shall designate a special representative responsible
for the administration of the Agreement. This Agreement has been negotiated
on behalf of signatory Employers by the AICP which shall similarly designate
a representative responsible for the administration of this Agreement.
ARTICLE IV - ACCESS
The designated representatives of the IATSE and its Local Unions shall
be permitted reasonable access to all production sites where persons covered
by the Agreement are performing services subject to reasonable limitations
relating to the protection of design, patent or trade secrets and other
confidential matters.
ARTICLES V - JOB STEWARD
The IATSE or crew may appoint one steward for each production. The identity
of the designated steward shall be made known to the Producer of the television
commercial not later than the first day of production. It is understood
that the steward shall in no way be discriminated against for any cause
whatsoever in the performance of their duties as steward.
ARTICLE VI - NO DISCRIMINATION
The Employer and the IATSE agree that there shall be no discrimination
against any employee or prospective employee due to race, color, creed,
sex, age, physical handicap, union membership or national origin, or as
otherwise provided in applicable State or Federal legislation.
ARTICLE VII - GRIEVANCE PROCEDURE
Any dispute between the IATSE on behalf of itself or a Local Union and
the Employer concerning the interpretation and/or application of this Agreement
which cannot be initially resolved between the parties shall be referred
to the designated representatives of the IATSE and AICP for resolution.
If they are unable to resolve the matter, it may be submitted to arbitration
by either the IATSE or the Employer. If an arbitrator cannot be mutually
selected, then one shall be selected by lot from an arbitration panel obtained
from the Federal Mediation and Conciliation Service. The arbitrator and
parties shall follow the labor arbitration rules of the American Arbitration
Association. Any claim not reduced to writing and submitted to the other
party within forty-five (45) calendar days following the incident giving
rise to the claim or within forty-five (45) calendar days after the employee
or the IATSE or Local Union had a reasonable opportunity to become aware
of the incident, whichever is the later, but in no event more than one
year after the incident, shall be deemed to be waived.
ARTICLE VIII - NO STRIKE - NO LOCKOUT
During the term of this Agreement, there shall be no strikes, picketing,
or work stoppages by the IATSE or by an employee, or lockout by the Employer.
ARTICLE IX - MULTI-EMPLOYER UNIT
Employees hired by the Employer to perform services in the County of
Los Angeles, or hired by the Employer in the County of Los Angeles to perform
services outside the County of Los Angeles shall be deemed to be within
the multi-employer bargaining unit established by the Producer - I.A.T.S.E.
1996 Basic Agreement and its successor agreement ("BA") and subject
to the BA's provisions covering the Industry Experience Roster, Health
and Pension Plans3 and the Contract Services Administration
Trust Fund; provided, however, the wages, working conditions and other
terms and conditions of this Agreement shall be fully applicable to employees
covered by this Agreement.
3 The thirty and five tenths cents (30.5¢)
per hour worked or guaranteed contribution to the Individual Account Plan
shall be increased by one percent (1%) of the scale Regular Basic Hourly
Rate for all hours worked or guaranteed effective November 1, 1996; effective
May 31, 1998 said one percent (1%) shall be increased to (2%) and effective
August 1, 1999 said two percent (2%) shall be increased to three percent
(3%).
ARTICLE X - PREFERENCE OF EMPLOYMENT
(a) Preference of employment shall be based on the Industry Experience
Roster and the Television Commercial Roster. In recognition of the special
conditions in production of television commercials, the Employer may employ
persons specifically designated by the advertiser or its agency who are
not otherwise entitled to preference. Further, the Employer may employ
persons not entitled to preference where such persons have unique training,
skill or knowledge of evolving technologies or where such persons have
documented records of prior experience in the production of television
commercials, interactive programming, music videos and documentary, educational,
and industrial films.
(b) Persons hired pursuant to (a) above who are not on the Industry
Experience Roster of a Local Union shall be eligible to have their name
added to a Television Commercial Roster ("TCR") to be maintained
and administered by the Contract Services Administration Trust Fund ("CSATF").
Initial placement on such TCR shall be based on thirty (30) work days in
the production of television commercials within the 365 day period preceding
the date of application for placement. Employees shall have the burden
of establishing their eligibility for such initial placement on the TCR.
(c) Persons listed on the TCR shall be entitled to equal preference
of employment with persons listed on the Industry Experience Roster of
any Local Union. Once such person has accrued a total of 120 work days
under this Agreement, they may, upon application to CSATF, have their name
added to the Industry Experience Roster of the appropriate Local Union.
The employee shall have the burden of establishing their eligibility for
such Industry Experience Roster placement subject to the then current rules
and procedures applicable to such placement.
ARTICLE XI - MINIMUM TERMS AND CONDITIONS
The wage scales and working condition provisions of this Agreement shall
be minimums and employees shall not be precluded from obtaining "better
conditions" as that term is understood in the motion picture and television
industry. Any employee enjoying such better conditions shall not have their
wages or working conditions reduced as a consequence of this Agreement.
ARTICLE XII - SCOPE OF AGREEMENT
(a) The parties recognize that there are factors and requirements unique
to the making of television commercials for the advertising industry which
may result in the Employer having no effective control over portions of
pre-production or post-production work covered by this Agreement. Under
such circumstances, where the Employer does not control the assignment
of work, the Employer shall not be responsible or liable under this Agreement
for the performance of such work.
(b) The Employer shall not be prevented from subcontracting when the
Employer does not have the facilities or equipment required for the work
required or its employees do not have the necessary skills and qualifications
to perform the work required. The use of third party vendors for services
consistent with commercial industry practice shall not be deemed within
this provision.
(c) The foregoing provisions are intended to conform to existing business
practices in the commercial industry and not to diminish employment opportunities
for employees covered by this Agreement.
ARTICLE XIII - OPERATIONS
There shall be no minimum staffing requirements provided, however, staffing
practices shall be consistent with the general past practice of the television
commercial production industry. Consistent with past practice, there shall
be practical interchangeability within the production crafts.4
4 The foregoing shall not be deemed to preclude
the services of "stylists" as that term is understood in the
commercial industry who are not covered by this Agreement.
ARTICLE XIV - WORK DAY, WEEK AND MINIMUM CALLS
The work week shall be any five or six consecutive work days within
seven consecutive days. The minimum daily work call during pre-production
and production shall be eight (8) work hours. Work time begins at the time
of the set call and ends at the time of set dismissal. The minimum call
on a travel only day shall be four (4) hours and the maximum shall be eight
(8) hours paid as a straight time allowance. Eight (8) hours of benefit
contributions for travel days and idle days on overnight locations shall
be made as provided in the BA.
ARTICLE XV - OVERTIME
(a) The first eight (8) work hours during the first five days of a work
week shall be at straight time. Work hours in excess of eight (8) on the
first five days of the work week and for the first twelve (12) work hours
on a sixth work day shall be paid at time and one-half. Double time shall
be paid after twelve (12) work hours on the first five days of the work
week and for the first twelve (12) hours worked on a seventh day in a work
week or on a designated holiday. Work hours beyond twelve (12) on a sixth
or seventh day in a work week or on a designated holiday shall be paid
at double the applicable rate for the day; e.g., 6th day - 1*X, 7th day
and holidays - 2X.
(b) All time is to be computed in one-quarter (1/4) hourly units and
overtime premiums shall not be compounded.
ARTICLE XVI - REST PERIODS
There shall be a ten (10) hour rest period following all studio zone,
studio and local location work assignments. There shall be a nine (9) hour
rest period following all overnight location assignments.5 If
at least eight (8) hours of rest are provided, the penalty for the invaded
hour or portion thereof shall be paid at straight time. If at least six
(6) hours of rest have been provided, the employee shall be paid on return
to work at the premium rate in effect for all invaded hours. If less than
six (6) hours of rest have been provided, then the employee shall be called
back and paid at the premium rate in effect until a ten (10) hour rest
period has been provided.
5 The Director of Photography and camera operator
shall be given an additional one hour of rest on overnight locations.
ARTICLE XVII - HIGHER CLASSIFICATION
An employee assigned by the Employer to work in a classification with
a higher wage rate for two (2) or more hours on a single day shall get
the higher rate for the entire day. No employee shall be deemed to be working
in such higher classification absent specific advance authorization.
ARTICLE XVIII- MEALS
(a) Meal periods shall not be less than one-half (1/2) hour nor more
than one (1) hour in length. Not more than one meal period shall be deducted
from work time for an employee during the minimum call. (A second meal
period may be deducted from work time for those employees who work in excess
of the minimum call.)
(b) The employee's first meal period shall commence within six (6) hours
following the time of first call for the day; succeeding meal periods shall
commence within six (6) hours after the end of the preceding meal period.
An employee's first meal period shall commence no earlier than three (3)
hours after such employee reports for work except for persons called in
earlier than the regular crew call who are provided with a non-deductible
breakfast in which case their first deductible meal period will be due
at the same time as the meal is due for the regular crew.
(c) The first deductible meal period may be extended by fifteen (15)
minutes to complete a set up and a second deductible meal period may be
extended by thirty (30) minutes to complete a set up and/or wrap. Extensions
of the meal periods are not to be scheduled and if exceeded, meal penalties
shall relate back to the time the meal was otherwise due. Any second meal,
excluding a non-deductible breakfast, may be a non-deductible walking meal,
provided the crew is dismissed within one hour from the time the meal was
otherwise due.
(d) A meal penalty allowance for delayed meals shall be computed as
follows:
(1) First 3/4 hour meal delay
or fraction thereof. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .. $8.00
(2) Second and each succeeding 3/4 hour
meal delay or fraction thereof . . . . . . . . . . . . . . . . . . .
. . .$12.00
Such allowance shall be in addition to the compensation for work time
during the delay and shall not be applied as part of any guarantee.
ARTICLE XIX - LOCATIONS/TRAVEL
(a) Employees shall report to work at designated local production locations
within the Studio Zone. The Studio Zone shall be the area within a circular
thirty (30) mile zone, the radius of which shall be calculated from Beverly
Boulevard and La Cienega Boulevard in Los Angeles, CA, unless there are
access difficulties, in which case the Employer will make appropriate transportation
arrangements.
(b) Employees may be requested to report to a nearby production location
outside the thirty (30) mile zone, in which case the employee shall be
paid mileage, computed from the perimeter of the distance from the thirty
(30) mile zone to the reporting place and return calculated at the rate
of thirty cents ($.30) per mile. Such travel time outside of the thirty
(30) mile zone shall be paid as an allowance at the employee's regular
hourly rate and such travel time shall accrue toward the required rest
period.
(c) Any employee who is transported by the Employer to an overnight
location shall be provided with a per diem allowance and either housing
or a housing allowance. The Employer shall provide transportation to and
from overnight locations. Travel within the United States by commercial
jet shall be not less than coach class. Travel outside the United States
by commercial jet shall be not less than business class. All other travel
by commercial carriers shall be by the best class available.
(d) Work time for employees on overnight location shall be calculated
from time of set call to time of set dismissal and they shall be provided
with transportation to and from daily production locations. Daily travel
time shall not exceed one hour a day. Daily travel time in excess of one
hour a day shall be paid as work time. Rest periods shall be calculated
on a portal-to-portal basis.
ARTICLE XX - CANCELLATION OF CALLS
In the event of cancellation for previously called employees, it is
understood that if notification is not given by the completion of the previous
day's work or by 3:00 p.m. of the day preceding the call if not a work
day, then the employee shall be paid an eight (8) hour minimum call, unless
the cancelled call was for a travel only or wrap in which case the employee
shall be paid a four (4) hour minimum call.
ARTICLE XXI - HOLIDAYS
(a) Recognized holidays shall be the same as those designated in the
then current Screen Actors Guild Commercials Contract. Weekly employees
shall be paid for an unworked holiday falling within their regular work
week.
ARTICLE XXII - BENEFITS
(a) The provisions of Article IX shall be applicable to employees hired
by the Employer to perform services in the County of Los Angeles, or hired
by the Employer in the County of Los Angeles to perform services outside
the County of Los Angeles. Eight (8) hours of benefit contributions for
travel days and idle days on overnight locations shall be made as provided
in the BA.
(b) The Employer will execute any documents required to constitute it
an appropriate Employer contributor to the benefit plans specified in Article
IX.
ARTICLE XXIII - WAGE RATES
The applicable minimum wage rates for positions covered by the Agreement
are set forth on Appendix A attached. There are no guarantees of employment
beyond one (1) day for daily employees and one (1) week for weekly employees.
If the last work week of a weekly employee is a partial work week, it may
be prorated if the employee has been employed for at least one (1) full
week.
ARTICLE XXIV - TERM AND EFFECTIVE DATE
This Agreement shall be generally effective as of November 1, 1996 and
shall remain in full force and effect through September 30, 2000.
THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYES, MOVING PICTURE
TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES AND CANADA,
AFL-CIO, CLC on behalf of itself and the following West Coast Studio Locals:
Affiliated Property Craftspersons Local No. 44
Motion Picture Studio Grips Local No. 80
Laboratory Film/Video Technicians of the Motion Picture and Television
Industries Local No. 683
International Photographers of the Motion Picture and Television Industries
Local No. 600
International Sound Technicians, Cinetechnicians, Television Engineers,
Studio Projectionists and Video Projection Engineers of the Motion Picture
and Television Industries Local No. 695, Local No. 695C and Local No. 695P
Motion Picture Costumers Local No. 705
Make-Up Artists & Hair Stylists Local No. 706
Production Office Coordinators, Production Accountants and Art Department
Coordinators Local No. 717
Studio Electrical Lighting Technicians Local No. 728
Motion Picture Crafts Services Local No. 727
Motion Picture Set Painters and Sign Writers Local No. 729
Motion Picture Studio First Aid Employees Local No. 767
Motion Picture and Videotape Editors Guild Local No. 776
Illustrators and Matte Artists Local No. 790
Scenic Artists Local No. 816
Motion Picture Screen Cartoonists Local No. 839
Publicists Local No. 818
Set Designers and Model Makers Local No. 847
Screen Story Analysts Local No. 854
Society of Motion Picture and Television Art Directors Local No. 876
Script Supervisors Local No. 871
Costume Designers Guild Local No. 892
Motion Picture Studio Teachers and Welfare Workers Local No. 884
BY:
ITS:
DATED:
ASSOCIATION OF INDEPENDENT
COMMERCIAL PRODUCERS, INC.
BY:
ITS:
DATED:
CONSENT AGREEMENT
The undersigned television commercial production company has reviewed
the 1996 Television Commercial Agreement negotiated by the Association
of Independent Commercial Producers, Inc. and the International Alliance
of Theatrical Stage Employes and Moving Picture Technicians, Artists and
Allied Crafts of the United States and Canada, AFL-CIO, and hereby agrees
to be bound thereby and to execute and abide by the terms of the Trust
Acceptance attached hereto.
(Production Company)
BY:
ITS:
DATED:
ADDRESS:
PHONE:
FAX:
APPENDIX "A"
WAGE RATE SCHEDULE
| CLASSIFICATION1 |
|
Nov. 1, 1996 |
May 31, 1998 |
Aug. 1, 1999
|
| Director of Photography |
Hourly |
$ 65.50 |
$ 67.47 |
$ 69.49 |
| Camera Operator |
Hourly |
$ 40.10 |
$ 41.30 |
$ 42.54 |
| 1st Camera Asst. |
Hourly |
$ 29.00 |
$ 29.87 |
$ 30.77 |
| 2d Camera Asst. |
Hourly |
$ 26.65 |
$ 27.45 |
$ 28.27 |
| Camera Loader/Utility |
Hourly |
$ 22.80 |
$ 23.48 |
$ 24.18
|
|
|
|
|
|
| Sound Mixer |
Hourly |
$ 44.75 |
$ 46.09 |
$ 47.47 |
| Boom Operator |
Hourly |
$ 30.20 |
$ 31.11 |
$ 32.04 |
| Sound Utility |
Hourly |
$ 30.20 |
$ 31.11 |
$ 32.04
|
|
|
|
|
|
| Key Grip |
Hourly |
$ 27.80 |
$ 28.91 |
$ 29.78 |
| 2d Grip |
Hourly |
$ 25.15 |
$ 25.90 |
$ 26.68 |
| Dolly Grip |
Hourly |
$ 26.05 |
$ 26.83 |
$ 27.63 |
| Grip |
Hourly |
$ 24.00 |
$ 24.72 |
$ 25.46 |
Entry Level Grip
|
Hourly |
$ 21.00 |
$ 21.63 |
$ 22.28 |
|
|
|
|
|
| Lighting Gaffer |
Hourly |
$ 27.80 |
$ 28.91 |
$ 29.78 |
| 2d Electrician |
Hourly |
$ 25.15 |
$ 25.90 |
$ 26.68 |
| Dimmer Operator |
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05 |
| Electrician |
Hourly |
$ 24.00 |
$ 24.72 |
$ 25.46 |
| Entry Level Electrician |
Hourly |
$ 21.00 |
$ 21.63 |
$ 22.28
|
|
|
|
|
|
| Property Master |
Hourly |
$ 27.80 |
$ 28.91 |
$ 29.78 |
| 2d Prop |
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05 |
3rd Prop
|
Hourly |
$ 23.00 |
$ 23.69 |
$ 24.40 |
|
|
|
|
|
| Costume Designer |
Weekly on call |
$1,583.00 |
$1,630.50 |
$1,679.50 |
|
Daily on call |
$ 380.00 |
$ 391.00 |
$ 403.00 |
|
|
|
|
|
| Key Costumer |
Hourly |
$ 25.65 |
$ 26.42 |
$ 27.21 |
| 2d Costumer |
Hourly |
$ 24.35 |
$ 25.08 |
$ 25.83 |
| 3rd Costumer |
Hourly |
$ 22.30 |
$ 22.97 |
$ 23.66 |
| Entry Level Costumer |
Hourly |
$ 18.70 |
$ 19.26 |
$ 18.84
|
|
|
|
|
|
| Key Make Up Artist |
Hourly |
$ 31.95 |
$ 32.91 |
$ 33.90 |
| 2d Make Up Artist |
Hourly |
$ 27.20 |
$ 28.02 |
$ 28.86 |
| 3rd Make Up Artist |
Hourly |
$ 24.65 |
$ 25.39 |
$ 26.15
|
|
|
|
|
|
| Key Hair Stylist |
Hourly |
$ 31.70 |
$ 32.65 |
$ 33.63 |
| 2d Hair Stylist |
Hourly |
$ 27.80 |
$ 28.63 |
$ 29.49 |
3rd Hair Stylist
|
Hourly |
$ 23.70 |
$ 24.41 |
$ 25.14 |
|
|
|
|
|
| Script Supervisor |
Hourly |
$ 23.45 |
$ 24.15 |
$ 24.87
|
|
|
|
|
|
| First Aid |
Hourly |
$ 21.90 |
$ 22.56 |
$ 23.24
|
|
|
|
|
|
Craft Service
|
Hourly |
$ 20.35 |
$ 20.96 |
$ 21.59 |
|
|
|
|
|
| Art Director |
Weekly on call2 |
$2,233.50 |
$2,300.50 |
$2,370.00 |
Assistant Art Director
|
Weekly on call2 |
$1,663.45 |
$1,713.35 |
$1,765.00 |
|
|
|
|
|
| Set Decorator |
Weekly on call |
$1,706.00 |
$1,757.00 |
$1,810.00 |
|
Daily on call |
$ 403.75 |
$ 416.00 |
$ 428.50 |
| Lead Set Dresser |
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05 |
Set Dresser
|
Hourly |
$ 23.00 |
$ 23.69 |
$ 24.40 |
|
|
|
|
|
| Construction Coordinator |
Weekly on call |
$1,660.00 |
$1,710.00 |
$1,761.00 |
|
Daily on call |
$ 392.70 |
$ 404.48 |
$ 416.61 |
| Propmaker Foreperson |
Hourly |
$ 28.20 |
$ 29.05 |
$ 29.92 |
Propmaker
|
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05 |
|
|
|
|
|
| Paint Foreperson |
Daily on call |
$ 330.80 |
$ 340.72 |
$ 350.94 |
Painter
|
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05 |
|
|
|
|
|
| Lead Scenic Artist |
Hourly |
$ 36.40 |
$ 37.49 |
$ 38.61 |
Scenic Artist
|
Hourly |
$ 32.90 |
$ 33.89 |
$ 34.91 |
|
|
|
|
|
| Special Effects Foreperson |
Hourly |
$ 28.20 |
$ 29.05 |
$ 29.92 |
| Lead Effects |
Hourly |
$ 26.05 |
$ 26.83 |
$ 27.63 |
| Effects |
Hourly |
$ 24.55 |
$ 25.29 |
$ 26.05
|
|
|
|
|
|
| Studio Teacher/Welfare Worker |
Hourly |
$ 30.50 |
$ 31.42 |
$ 32.36
|
1 The minimum wage rate for any classification not listed
which is within the scope of Article I shall be the current rate specified
in the BA. The listing of a classification is not a staffing requirement.
2 The daily rate shall be twenty-five percent (25%) of the
weekly rate.