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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

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