Downloadable - IA.TSE Local 80

M. Lewis and Damian Petti, and International
Representative Barny
Haines appeared before the Board to
report on the situation with Lonely
Boy Productions, Inc.
Representative Haines reported
that Karma Films Inc., a boutique
production company located in Saskatoon,
had focused primarily on
documentary and animation. By December
2011 Karma Films Inc. had
completed feature film production of
“Ferocious” on a non-union basis.
To deal with the rumored start of
production of a second feature “Rufus”,
Vice Presidents Lewis and Petti,
Representatives Julia Neville, Peter
DaPrato, and Barny Haines sought to
involve the Locals directly affected,
Locals 212, 295, 300 and 669, and their
memberships. The members shouldered
their responsibility as “salts” and
committed to the IA organizing drive
exhibiting solidarity and co-ordination
aimed at Karma Films Inc., and Illusion
Entertainment with respect to this
feature production and its employee
compliment of 45 individuals.
Representative Haines reported
the united Locals and membership
achieved success with the signing
of the collective agreement by the
employer with Local 300 and Local
669-Camera in February 2012.
President Loeb observed that the
key element in play in these circumstances
was coordinated organizing.
LOCAL NO. USA829,
NEW YORK, NY
Re: Sound Designers/
Projection Designers
International Vice Presidents Brian
J. Lawlor and Anthony DePaulo,
appeared before the Board along
with Local USA829 National Business
Agent Cecilia Friederichs, Live Performance
Business Representative
Carl Mulert and Scenic Shops and
Television Commercial Business Representative
Michael Smith, to report
on matters relating to the Local’s representation
and inclusion of Sound
Designers and Projection Designers
in its national and regional collective
bargaining agreements.
In May of 2007, Local USA829
petitioned for and received from
the International nationwide jurisdiction
of Theatrical Projection Design,
an offshoot of both Scenic and
Lighting Design. At that time, the
Local began to organize the craft
and as of this report, the Local has
successfully included Projection
Designers in all of its agreements.
Sister Friederichs reported that the
Local has secured not only representation
for Projection Designers
but also substantial benefits and
improved terms and conditions for
this craft in all of its collective bargaining
agreements.
With regard to Sound Designers,
the Local sought to achieve terms
and conditions comparable to other
Design classifications represented
by Local USA829, including the recognition
and representation of Assistant
Sound Designers. Sister Friederichs
reported on the successful
conclusion of negotiations with the
Broadway League in an agreement
that includes monumental benefits,
impactful wage increases, and other
significant terms and conditions of
employment.
Sister Friederichs commended
Brother Mulert and the Member Bargaining
Committee for their commitment
and contributions to the bargaining
process. She also thanked
President Loeb for his support and
for assigning Vice Presidents Lawlor
and DePaulo who provided their capable
assistance.
President Loeb recalled that Local
One and Local USA829 had done
what was best for the Sound Designers
when they were transferred
from Local One into Local USA829.
He remarked that Sound Designers
needed unified national representation
which can be provided by Local
USA829 as it is a national Local.
Regarding Projection Designers,
President Loeb commented that the
Local had a vision and had acted to
protect its jurisdiction in the face of
technological changes. He complimented
the Local for its organizing of
Projection Designers. He noted that
the agreements reported on are extraordinary
and he congratulated the
Local and everyone at the table for
jobs well done.
LOCAL NO. 868,
WASHINGTON, D.C.
Re: The Kennedy Center
International Vice President J.
Walter Cahill reported to the Board
on his assignment to assist Treasurers
and Ticket Sellers Local 868, Washington,
D.C., in its negotiations with
the Kennedy Center. Local 868 has
represented the Center’s box office
employees for 41 years, ever since it
opened in 1971.
Negotiations started out contentiously.
When the Center reviewed
the Local’s proposals, it claimed that
the Local was attempting to expand
its jurisdiction. It was obvious that
the Center was trying to erode the
Local’s jurisdiction when offering its
proposals. After multiple negotiating
sessions, a deal was finally reached
and the Local ratified the agreement
on July 25, 2012.
Vice President Cahill commented
that the bargaining committee was
prepared, sophisticated and cohesive.
They fought hard to both maintain
what they had and to gain any
improvement possible.
It was noted that technological
changes are taking place in the craft
and continue to threaten traditional
work jurisdiction. These Locals are
fighting a rising tide that will potentially
erode their jurisdiction.
President Loeb expressed his
agreement that technology is becoming
more advanced and indicated
that craft members must continue to
educate themselves to stay relevant
and retain their jurisdiction.
LOCAL NO. 849, HALIFAX, NS
Assistant to the President Sean
McGuire and Local 849 Secretary
Marcel Boulet reported to the Board
on the continuing three-year efforts
to organize the production crew employees
of Egg Productions, the largest
commercial and corporate video
production company in Atlantic Canada.
The organizing effort concentrated
on a one day shoot and the
employee complement on that one
day – the date of application.
Following the filing of an application
for certification at the Nova
Scotia Labour Relations Board in
March 2011, the legal issues focused
on the list of employees. The
employer initially took the position
that all were independent contractors.
An initial Board decision confirmed
employee status and ruled
that the list of employees was comprised
of those working on the date
of application, confirming the decision
in Local 680 v. Power Productions.
This ruling is critical to a
determination that at least 40% of
the bargaining unit employees had
signed representation cards, a prerequisite
to entitlement to count a
vote. After a total of eight days of
hearings to elucidate the craft lines
of demarcation, including evidence
from Local 667, Local 849 and the
Directors Guild of Canada (DGC),
the Nova Scotia Labour Board reserved
its decision on the issue as
well as the sufficiency of the Notice
of Vote to the bargaining unit
employees. After 15 months of pressure
on the employees to change
their votes, the employer sought to
vacate the representation vote result
in favour of the union, and requested
an order for a second vote. Local
849 awaits the decision of the Board
on these issues.
Meanwhile the employer has filed
an application for judicial review of
the initial Board decision in court to
be heard September 23, 2012.
Local 849 thanked Local 667 Business
Agent David Rumley and DGC
Atlantic Region Business Agent Tim
Story for their helpful testimony. Furthermore,
in support of Local 849,
the Nova Scotia Federation of Labour
passed a unanimous resolution to
use only union labour when producing
its commercials.
Assistant to the President McGuire
praised Local 849 President Gary
Mitchell and the Local for its dogged
determination. The fight continues
with the unwavering support of the
International and financial support
from the Defense Fund.
President Loeb commented that
the IA steadfastly supports Local 849
in this fight “every step of the way,”
up to the Supreme Court of Canada
if necessary.
RETIREMENT OF
INTERNATIONAL VICE
PRESIDENT BRIAN J. LAWLOR
International Vice President Brian
J. Lawlor addressed the Board and
announced that he was submitting
his resignation from the Board effective
at the close of business on
Thursday, July 26, 2012.
Vice President Lawlor was elected
to serve on the Board in 2004 and
has been a full-time representative of
the Alliance since 2000. He will remain
in the General Office through
the end of August 2012 and will
then move back to his hometown
of Orlando, Florida. Although vacating
his posts as a Vice President and
Co-Director of the Stagecraft Department,
he will continue working as a
representative at the direction of the
International President and reporting
to the Stagecraft Department.
Vice President Lawlor advised the
Board that he was operating under
International Vice President Brian J.
Lawlor resigns from the General
Executive Board.
58 Official Bulletin Third Quarter 2012 59