Downloadable - IA.TSE Local 80

the Kravis Center. Reports have been
given at previous Board meetings
dating back to 2000 regarding the
on-going, long-standing dispute between
Local 500 and The Raymond J.
Kravis Center.
President Loeb reminded the
Board of the report that had been
given in Atlanta in which the International
announced the global settlement
of the long-standing dispute
between Local 500 and the Kravis
Center, including the negotiation of
a collective bargaining agreement
and resolution of the backpay owed
to the Local. He reported that Kravis
Center CEO Judy Mitchell reneged
on the deal that was reached.
Vice President Lawlor, Counsel
Short and Dulaney, and Brother
McKenzie provided an update on the
various litigation against the Kravis
Center. They reported on the latest
Unfair Labor Practice charges stemming
from the Employer’s failure
to execute the agreement reached
when the International met with
Mitchell and Kravis Center Counsel
Robert Janowitz in January 2012. In
addition to pursuing this new set of
charges, the International continues
to press the National Labor Relations
Board for a figure on the backpay
that is owed to the Local.
The General Executive Board will
be updated as necessary regarding
this on-going saga. President Loeb
committed to continuing to support
the Local in its fight against this unscrupulous,
unfair employer.
LABOR CAMPAIGN FOR
SINGLE-PAYER HEALTH CARE
President Loeb noted that while
the Supreme Court’s decision to
uphold the constitutionality of the
Affordable Care Act was a victory
for the labor movement, America’s
health care crisis makes it extremely
difficult to negotiate anything
other than health benefits in collective
bargaining negotiations given
the ever increasing cost of health
care. The Labor Campaign explains
“shifting the cost of health care to
workers under the current profitdriven
system is a painful feature
of virtually every set of contract
negotiations these days. For the
vast majority of workers without a
union, the situation is even more
desperate.” It notes that a publicly
financed, single-payer national
health care system like those in virtually
all other industrialized countries
is the only solution that will
control costs, increase access and
improve the quality of care.
The General Executive Board voted
to contribute $5,000 to the Labor
Campaign for Single-Payer Health
Care to increase grassroots labor support
for universal, comprehensive,
single-payer healthcare as embodied
in HR 676, the legislation introduced
by Congressman John Conyers, and
co-sponsored by 92 members when
it was introduced. The Delegates
at the last Convention voted unanimously
in support of universal health
care through a single-payer system in
the U.S. and the IA continues to advocate
for it.
MANN MUSIC CENTER
Re: Locals 8, 752 and 799,
Philadelphia, PA
International Vice President Michael
Barnes appeared before the
Board and reported on matters
concerning the Mann Music Center
which is a 15,000-seat, seasonal amphitheater
located in Philadelphia.
Past negotiations have gone smoothly
but for the latest round, management
brought in a new negotiator. In
anticipation of difficult negotiations,
Locals 8, 752 and 799 requested to
negotiate together and ramped up
their proposals. Additionally, a strike
vote was taken.
Negotiations were successfully
concluded in July for all three Locals,
with Wardrobe Local 799 achieving
its first-ever Collective Bargaining
Agreement with the venue. Each
contract is for a 5-year term with 3%
wage increases each year.
President Loeb noted that sometimes
when pushed to the edge,
you have to prove you are willing
to do what is necessary and make
a public statement. He suggested
that actions previously taken at the
Kimmel Center conveyed this message.
He commended the solidarity
of the effort and the inclusion
of Wardrobe, a model which has
proved successful for the IA. President
Loeb concluded that we are
stronger and achieve a better deal
when we fight together.
MOTION PICTURE INDUSTRY
PENSION & HEALTH PLANS
International Vice Presidents Michael
F. Miller, Jr., Thom Davis and
John Ford, International Trustee
George Palazzo, Special Representative
Ronald G. Kutak, General Counsel
Dale W. Short, Midwest Counsel
John Shepherd, and the MPIPHP Labor
Directors appeared before the
Board to report on the Motion Picture
Industry Pension & Health Plans,
which provides health and pension
benefits to employees of the Motion
Picture industry.
The new Basic Agreement provided
for several changes to shore
up the financial status of the Plans.
Commencing August 1, 2012, the
Employers will increase their health
contribution per employee by an additional
$1.00 per hour. Additionally,
the employer’s Individual Account
Plan (IAP) contributions of $0.305 per
hour will be reallocated to the Active
Health Fund. Contributions made on
behalf of non-affiliated employees
will increase by $2.50 per hour and
the non-affiliate hours upon which
their contributions are based will increase
from 56 to 60 hours per week.
Co-pays were also initiated for participants
who have dependents.
Concurrently with the above
funding changes, the Plan will replace
Blue Shield with Anthem Blue
Cross as its administrative services
provider. The MPI implementation
team has been working diligently on
this transition since March.
An upgrade to the Employers’
contracts software will improve
functionality, navigation and provide
better reporting capabilities. OPUS
Pension Benefit Software implementation
remains on track and on
budget. The 2012 open enrollment
packet has been mailed to the approximately
42,000 eligible participants.
Currently, Plan counsel and
staff are evaluating and implementing
changes as required by the Affordable
Care Act.
Vice President Miller advised
that an interim Human Resources
Director has been hired and the
Board has been closely involved
with the Plan’s operations. He
thanked George Palazzo, Co-Chair
of the Joint Board of Directors, and
the other Labor Directors for their
tireless efforts to ensure that the
Plans operate at the highest level of
effectiveness and efficiency.
Brother Palazzo stated that the
Board members are all on the same
page and working well together
through all these changes. He praised
Vice President Miller for his excellent
direction and guidance.
Brother Ed Brown said that he has
served for six years as a Labor Director
and has been impressed that the
Board is always prepared and protecting
the membership. He thanked
President Loeb for his leadership in
guiding the ship through the funding
deficit crisis.
President Loeb stated that our
side is dedicated and spends a great
deal of time on Plan matters and has
been willing to fight for the important
issues. He noted that the Labor
Directors also served as the Benefits
Bargaining Committee for the
Basic Agreement negotiations and
he thanked the group members for
volunteering their time and talent to
these efforts.
NATIONAL LABOR
RELATIONS BOARD
Re: Local 800, Los Angeles, CA
International Representative Don
Gandolini, General Counsel Dale
Short, West Coast Counsel James G.
Varga, and In-House Counsel Samantha
Dulaney reported on the status
of unfair labor practice charges that
were filed by the Illustrators and
Matte Artists Council of Local 800.
Four separate charges were filed,
one against the International, one
against Local 800, and two naming
both. The Regional Director of Region
31 dismissed all four charges
based on insufficient evidence of a
violation of the National Labor Relations
Act. The charging parties have
filed an appeal with the Office of the
General Counsel of the National Labor
Relations Board.
NEW MEDIA PRODUCTION
International Vice Presidents Michael
F. Miller, Jr. and John M. Lewis
and International Representative
Vanessa Holtgrewe appeared before
the Board and reported on new media
production.
New media production and exhibition
has been growing since the
subject was first introduced into the
Basic Agreement and other production
contracts through the “New Media”
sideletters. There is one sideletter
concerning exhibition, and
another covering production. The essence
of the exhibition sideletter is to
capture residuals on motion pictures
transmitted via new media platforms.
The “New Media” production sideletter
is more extensive and covers
multiple tiers of production budget
levels, including experimental production,
derivative use, and original
production.
Generally, the terms and conditions
are subject to negotiation, but
union security, health and pension
provisions, roster requirements,
grievance and arbitration, and no
strike/no lockout provisions are
incorporated into the new media
production sideletter. Further, exclusive
jurisdiction of the IATSE is
recognized in the production sideletter.
The intent of negotiating the
terms for “experimental production”
is to allow development of new media
production for new media exhibition.
It is a breach of the agreement
52 Official Bulletin Third Quarter 2012 53