635 - IATSE Local 8 Philadelphia
635 - IATSE Local 8 Philadelphia
635 - IATSE Local 8 Philadelphia
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tion for certification. In Eventstar, the<br />
Board held that employees who had<br />
worked for this employer within the<br />
90-day period prior to the Union’s application<br />
for certification was logical<br />
and reasonable.<br />
The 90-day measurement resulted<br />
in 48 employees in the proposed<br />
bargaining unit being considered<br />
eligible to vote. The ballots were<br />
counted on January 9, 2012, with 28<br />
eligible voters voting in favour of<br />
union representation, and 7 voting<br />
against. Eventstar sought leave of<br />
the BC Labour Board to reconsider<br />
its decision but that was denied on<br />
January 26, 2012. <strong>Local</strong>s 118 and<br />
891 will be jointly filing a notice to<br />
bargain.<br />
Commercial Agreement<br />
The <strong>IATSE</strong> has over 450 companies<br />
signatory to the AICP agreement<br />
which covers commercial production<br />
in the United States. Further to research<br />
undertaken by the International,<br />
it became apparent that a number<br />
of these U.S.-based companies shoot<br />
commercials in Canada on a nonunion<br />
basis.<br />
Representatives Julia Neville and<br />
Peter DaPrato carried out the research<br />
and worked with the <strong>Local</strong>s to draft<br />
a Canadian Appendix to the AICP<br />
Agreement.<br />
After consulting with the affected<br />
local unions, a Canadian Supplement<br />
to the AICP Agreement has been<br />
drafted. Structured in the same manner<br />
as the International’s Low Budget<br />
Agreement and the Global Spectrum<br />
Agreement, the Canadian Supplement<br />
will set out wage and fringe rates for<br />
each <strong>Local</strong> along with introducing<br />
specific revisions to the AICP Agreement<br />
to address Canadian law. Once<br />
approved by the <strong>Local</strong>s, the Canadian<br />
Supplement will be introduced<br />
to new signatories to the AICP Agreement<br />
until such time as the AICP<br />
Agreement is renegotiated where we<br />
will seek to have it formally included<br />
in the Agreement.<br />
Organizing Manual<br />
In 2010, the International created<br />
Manning the sign-in table at the Board meeting are (from left to right): Brother Eric<br />
Charles, <strong>Local</strong> 927, Sister Paradise Franklin, <strong>Local</strong> 479 and Sister Carey Selby, <strong>Local</strong> 479.<br />
an Organizing Manual to be used<br />
by local unions as a guide to assist<br />
in organizing drives. The first edition<br />
of the manual was written for use in<br />
the United States, where labour laws<br />
are federal in scope, and could therefore<br />
be used by any American <strong>Local</strong>.<br />
In Canada, labour laws fall primarily<br />
under the jurisdiction of each province,<br />
so it was necessary to take the<br />
Organizing Manual and revise it for<br />
use by Canadian <strong>Local</strong>s. To do so, the<br />
International worked with legal counsel<br />
all across the country and created<br />
10 different versions of the Organizing<br />
Manual; specific to each province.<br />
The <strong>IATSE</strong> Canadian Office printed<br />
and bound each province-specific<br />
version of the Organizing Manual, and<br />
in mid-January, distributed two print<br />
copies to each <strong>Local</strong>. <strong>Local</strong>s whose jurisdiction<br />
includes multiple provinces<br />
received two copies for each province<br />
they represent. Electronic versions<br />
were forwarded to all <strong>Local</strong>s so that<br />
any local union desiring to print additional<br />
copies could do so. Feedback<br />
from the <strong>Local</strong>s has been extremely<br />
positive.<br />
National Agreement<br />
On February 7, 2012, a meeting<br />
will take place in Toronto between<br />
the International and all motion picture<br />
production locals in Canada to<br />
discuss a possible area standards term<br />
agreement. For a number of years, the<br />
International and various local unions<br />
have been approached by the Canadian<br />
Media Production Association to<br />
sit down and bargain a national term<br />
agreement. The position of the <strong>IATSE</strong><br />
has been that any such agreement<br />
had to be exclusive and binding. The<br />
International has demanded that the<br />
CMPA provide a list of companies in<br />
Canada on whose behalf the CMPA<br />
is authorized to bargain an exclusive<br />
term agreement with the <strong>IATSE</strong>. A<br />
similar demand has been made of the<br />
AMPTP.<br />
The CMPA has now provided a<br />
list of companies which it claims are<br />
prepared to bargain exclusively with<br />
the <strong>IATSE</strong>. The wording of the commitment,<br />
however, is not as strong as<br />
would have been desired and until<br />
such time as it is rectified to our satisfaction,<br />
it will not be sufficient to allow<br />
a commitment to bargain.<br />
It is sufficient, however, to schedule<br />
a meeting with all our <strong>Local</strong>s to<br />
discuss the possibility of a national<br />
term agreement and to identify the<br />
potential legal framework for such an<br />
agreement in Canada. As the jurisdiction<br />
for labour relations in Canada is<br />
provincial, the validity and enforceability<br />
of a national or multi-provincial<br />
agreement can be problematic.<br />
Other labour organizations in Canada<br />
working in the motion picture and<br />
television industry work under national<br />
agreements, so a viable legal<br />
structure should be possible as long<br />
as we receive the bargaining commitments<br />
we require to move forward.<br />
Teamsters Update<br />
In Alberta, the Teamsters have<br />
been actively seeking to displace the<br />
Directors Guild of Canada for representing<br />
workers in the locations department.<br />
The DGC represents the<br />
locations department throughout<br />
Canada.<br />
In 2011, the Teamsters attempted<br />
to certify the locations department<br />
on two productions. On the<br />
long-running production entitled<br />
“Heartland”, the Teamsters filed<br />
three separate applications: one was<br />
for its traditional bargaining unit of<br />
animal wranglers, transportation and<br />
catering, while the other two were<br />
for the locations department and<br />
the production office employees<br />
(also represented by the DGC). The<br />
Board dismissed the applications for<br />
the locations department and the<br />
production office department and<br />
the Teamsters were successful in the<br />
application for their traditional bargaining<br />
unit of transportation, animal<br />
wranglers and catering.<br />
On the second production, the<br />
Teamsters once again filed to represent<br />
the locations department but,<br />
again, were unsuccessful. The Alberta<br />
Labour Relations Board dismissed<br />
the Teamsters’ attempt to name the<br />
principal company as the employer.<br />
Rather, the Board held that the single<br />
purpose corporate entity created for<br />
the production was the employer.<br />
This decision could potentially have a<br />
serious negative impact on our ability<br />
to organize future productions and to<br />
establish that the principal company<br />
is the employer for the purposes of<br />
certifications. President Loeb noted<br />
that this issue must be dealt with under<br />
the <strong>IATSE</strong>/Teamsters Mutual Assistance<br />
Pact.<br />
Ed Mirvish Theatre<br />
Ed Mirvish was one of the biggest<br />
characters in modern-day theatre history<br />
and was made a Member of the<br />
Order of Canada in 1978 and then<br />
promoted to Officer of the Order of<br />
Canada in 1987. In Toronto, Mirvish<br />
Productions changed the theatrical<br />
landscape as it bought and restored<br />
the Royal Alexandra theatre in 1962,<br />
built the Princess of Wales Theatre<br />
in 1993, took over management of<br />
the Pantages Theatre in 2001, selling<br />
its naming rights to Canon, and<br />
in 2008, purchased the Canon Theatre<br />
as well as the Panasonic Theatre from<br />
Clear Channel. Mirvish Productions<br />
branched out to the UK with the 1978<br />
purchase of London’s failing Old Vic<br />
Theatre, which earned Mr. Mirvish the<br />
honour of Commander of the Order<br />
of the British Empire for saving it.<br />
Once it was up and running, he sold<br />
it back to the Old Vic Theatre Trust<br />
in 1998.<br />
On July 13, 2007, the lights on<br />
Broadway were dimmed in honour of<br />
Mirvish’s death, two days earlier. On<br />
December 6, 2011, the Canon Theatre<br />
was officially renamed the Ed Mirvish<br />
Theatre. There were taped tributes<br />
from Prime Minister Stephen Harper<br />
and Ontario Premier Dalton Mc-<br />
Guinty. Mayor Rob Ford proclaimed<br />
the day “Ed Mirvish Theatre Day” in<br />
Toronto. A great tribute for a man<br />
who, through his love for theatre, ensured<br />
a good living for hundreds of<br />
<strong>IATSE</strong> members.<br />
CEP-CAW Merger<br />
Two of Canada’s biggest privatesector<br />
labour unions are formally<br />
exploring the possibility of creating<br />
a new, merged organization by the<br />
middle of next year. The Canadian<br />
Auto Workers (CAW) and the Communications,<br />
Energy and Paperworkers<br />
(CEP), which have a combined<br />
total of more than 320,000 members,<br />
have been holding preliminary discussions<br />
since late December. Both<br />
unions have lost thousands of members<br />
in the current economic downturn<br />
which has been particularly devastating<br />
on manufacturing and pulp<br />
and paper.<br />
The progress of this merger will<br />
be monitored by the International.<br />
24 Official Bulletin First Quarter 2012 25