Downloadable - IA.TSE Local 80

for a producer to use the beneficial
terms of the experimental production
sideletter as a subterfuge for intended
exhibition in traditional media. This
happens if exhibition on a new media
platform and in traditional media
is fused into simultaneous exhibition.
The Motion Picture Department will
continue to monitor use of the production
sideletter to police against
such abuse by producers.
Because new media production
is no longer in the unknown development
state, the production sideletter
is not proposed when negotiating
single production deals. As this
format is now a mature element of
entertainment delivery, it will be a
priority issue when negotiating the
next Basic Agreement and the Supplemental
Agreements to the Producer-IATSE
Basic Agreement.
There will be no insulation for
any company, major studio or otherwise,
who attempts to avoid obligations
of the collective bargaining
agreement by double-breasting to
produce new media product nonunion.
New media production is a
target for organizing regardless of
location and regardless of affiliation
or denial of affiliation with a signatory
producer. In addition, companies
such as Google or Yahoo that
are planning to produce product for
direct exhibition online will also be
targeted for organizing when they
begin production. New media production,
like all motion picture production,
is the work of the IATSE.
NUVISTA
International Vice President William
E. Gearns, Jr., International Representative
Mark Kiracofe, and Local
835 Business Agent Richard Vales,
President Herman Dagner, and Treasurer
Charles Bruno appeared before
the Board to report on NuVista,
a Dallas-based Exhibitor Appointed
Contractor that utilizes non-union
labor and deals in substandard employment
practices.
In March 2011, Orlando Local
835 began coordinating efforts with
other Locals to advise NuVista clients
of their substandard working conditions.
Twenty-six IA Locals are currently
involved in the bannering of
client exhibitors and display fabricators,
and information will also be disseminated
through a social networking
campaign.
Local 835 President Vales informed
the Board that letters have
been received from multiple clients
indicating that they would cease
from using NuVista. He expressed
his appreciation to the International
and sister Locals for their support.
President Loeb indicated that no
company should risk its reputation
by utilizing NuVista. He commended
the sister Locals for assisting in this
campaign and noted that Local 835
has provided similar support to other
Locals in the past.
PRODUCER/IATSE BASIC
AGREEMENT
International Vice President Michael
F. Miller, Jr., Assistant Director
of Motion Picture and Television
Production Daniel M. Mahoney, International
Representatives Vanessa
Holtgrewe and Lyle Trachtenberg,
General Counsel Dale W. Short, In-
House Counsel Samantha Dulaney,
and representatives of the West Coast
Studio Locals gave a report on the
successful negotiations of the Basic
Agreement.
Early negotiations were agreed to
and the producers presented 35 pages
of onerous proposals that were designed
to gut the contract. President
Loeb cancelled the first few days of
negotiations to evaluate the proposals.
The IA then refused to negotiate
early unless the producers removed
the provoking proposals from the
table. If they weren’t withdrawn, the
International planned to leave and
negotiations would take place closer
to the agreement expiration. The producers
withdrew those proposals and
negotiations took place over three
weeks in March 2012. When they
broke off without an agreement, the
producers were eager to return to the
table and, in one day of negotiations
in April 2012, a deal was reached.
The new agreement is for a
three-year term commencing August
1, 2012. Wages are increased by 2%
per year, compounded, and an increase
of $1.00 per hour in benefit
contributions was obtained. Monthly
premiums for health coverage will
be as follows: For individual active
participants - $0.00; for one dependent
- $25.00; for two or more dependents
- $50.00. A reallocation of
$.305 from the Individual Account
Plans to Active Health was also approved.
It was further agreed that
the maintenance of benefits would
remain the same and there would be
no reduction in benefits. Current retirees
will continue to receive a 13th
and 14th check.
The above is only a partial summary
of the terms of the agreement
and a complete Memorandum of
Agreement was made available to
the Board.
The Digital and Videotape Supplemental
Agreements were simultaneously
negotiated with the Basic
Agreement.
President Loeb commented that
the strength of the West Coast Studio
Locals in standing together as one
was a powerful statement to the producers
and prevented any Local from
being attacked or isolated.
The contract was unanimously
ratified by the Locals.
SWANK
International Vice Presidents Michael
Barnes, John J. Beckman, Jr.,
Brian J. Lawlor, Craig Carlson and
William E. Gearns, Jr., International
Representatives Joanne Sanders and
Chris Bateman, and In-House Counsel
Samantha Dulaney appeared
before the Board to report on their
area standards bannering campaign
against Swank Audio Visuals (“Swank
AV”).
Vice Presidents Carlson and
Barnes advised that Locals 2, 8, 122,
and 336 were bannering Swank and/
or companies that use Swank across
the country due to Swank’s failure to
pay area standard wages and benefits
in Chicago, Philadelphia, San Diego,
and Phoenix. The Locals applied for
and received assistance from the International’s
Defense Fund as Swank
AV has been declared unfair for driving
down the area standard in the
referenced cities. The campaign has
involved more than sixty local unions
throughout the International. It also
entails extensive use of social and
print media to advise the public of
the Locals’ disputes with Swank AV.
Members are asked to get involved
by visiting www.SwankUnfair.com
and www.BannerForGood.com.
Thanks were extended to administrative
staff including Marcela Barrientos
(General Office), Clarinda Corbert
and Christine Stephens (Local 2); and
Catherine White (Local 8); Diane Slate
and Sergio Chavez (Local 122) and legal
counsel Bruce Endy, Joseph Burns,
Joseph Egan and Stan Lubin for their
efforts in this campaign.
President Loeb explained that
two years ago Locals 2, 8, 122, 336,
and other local unions complained
that Swank AV was undermining
the hard-fought wages, benefits
and working conditions in each of
their jurisdictions. They requested
his support including assistance
from the Defense Fund. After hearing
their cases, he declared Swank
unfair and the Defense Fund Committee
approved the Locals’ joint request
for Defense Fund assistance
in order to protect the area standard
wages and benefits. President Loeb
remarked that the Swank campaign
is a massive undertaking. He noted
further that each of the anchor Locals
had received considerable financial
assistance from the International’s
Defense Fund and human
resources were provided regarding
this area initiative against Swank
AV. He observed that the campaign
was sophisticated, creative, well organized,
and involved a tremendous
commitment of time and energy. He
commended the Locals for taking
these necessary steps to uphold and
protect their area standard wages
and benefits. He advised all Locals
that resources of the International
are available to defend against the
lowering of our hard won conditions
by unscrupulous employers.
TERM GROUP, INC.
Re: National Agreement
International Vice President William
E. Gearns, Jr. and International
Representative Joanne Sanders appeared
before the Board and reported
on TERM Group, a large player
in the auto tradeshow industry that
had previously entered into a national
contract with IATSE. A total of
23 Locals have now signed on to the
TERM Group National Agreement.
To implement this agreement, area
standard wages were established for
each Local. These rates were used
to create a template for each Local’s
respective Area Standard Agreement.
The same template has been utilized
for contracts with Show Services LLC
and National Convention Services,
and could lead to national contracts
with these and other contractors.
Vice President Gearns indicated
that TERM Group has since been purchased
by EWI Worldwide, a global,
live communications company. EWI
has extended voluntary recognition
to the IATSE and has executed the
national agreement. Vice President
Gearns noted this global company
has other divisions which may provide
future opportunities.
President Loeb indicated that
once again the IATSE is establishing
jurisdiction and that the relationships
that are being developed can be
expanded and built upon. He commended
the Tradeshow Department
on the successful implementation of
this national contract.
THE PERFECT GAME, LLC
Vice President Michael F. Miller, Jr.
and West Coast Counsel James Varga
reported to the Board on the status
of resolving claims against Perfect
Game, LLC. “The Perfect Game” is a
2nd tier low-budget feature signed
to a collective bargaining agreement
54 Official Bulletin Third Quarter 2012 55