Film Production Management Instructor: Mary Walbridge. The Complete Film Production Handbook By Eve Light Honthaner Chapter 11-Unions & Guilds

Transcription

1 Film Production Management Instructor: Mary Walbridge The Complete Film Production Handbook By Eve Light Honthaner Chapter 11-Unions & Guilds

2 Unions & guild are signatory to certain basic union and guild agreements - most common are Screen Actors Guild (SAG), representing actors, stunt coordinators, stunt performers, professional singers, puppeteers, airplane pilots, professional dancers (may cover swimmers and skaters as well) and extras Directors Guild of America (DGA), representing directors, unit production managers and assistant directors

3 Common Signatories Writers Guild of America (WGA), representing writers International Alliance of Theatrical Stage Employees (IATSE or IA) Teamsters, with jurisdiction over drivers and location managers

4 Common Signatories American Federation of Television and Radio Artists (AFTRA) National Association of Broadcast Employees and Technicians (NABET)

5 Offices Unions and guilds, in addition to having offices in both Los Angeles and New York, have additional branch offices in various other locations around the country.

6 THE ALLIANCE OF MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP) On the West Coast, standing between the unions and guilds, and the producers who employ union and guild members and those applying for union membership is the AMPTP, is the Alliance of Motion Picture and Television Producers

7 AMPTP The AMPTP provides services to studios and independent production companies covering all aspects of employment within the television and theatrical motion picture industry and other issues that affect the industry as a whole. They represent their member companies in industry-wide bargaining with the unions and guilds, including: grievance and arbitration decisions, interpreting and administering agreements with the WGA, DGA, SAG, IATSE, West Coast studio local unions and basic crafts unions.

8 AMPTP assists member companies in complying with laws, esp. equal employment oversees the Human Resources Coordinating Committee meetings for the purpose of implementing the script submission trainee programs under the WGA Industry wide safety committee composed of producer representatives and unions & guilds

9 Contract Services Administration Trust Fund (CSATF) maintains work rosters and coordinates qualifications committees for most below the line unions develops and administers safety, training and apprenticeship programs administers controlled substance abuse testing collects and maintains I-9 files schedules expedited arbitration Step two conciliation grievance hearings; handles material breach claims

10 UNION VERSUS NON-UNION SHOWS paying approximately 15 to 18 percent for payroll fringes on non-union employees approximately 33 per-cent for union employees These percentages vary depending on State income tax and workers' compensation rates

11 UNION VERSUS NON-UNION SHOWS salaries and fringe benefits less, but payments for overtime and other penalties are less on non-union shows( minimum set by state & feds). when filming in a right-to-work state, crew are not required to to become union members. Don t have to hire certain # of crew per department

12 advantages and disadvantages to both union and nonunion shows Determining factors as to whether a show is to be union or non-union budget, where you plan to shoot The affiliation and fringe benefit demands of key crew if the company releasing your film has mandatory requirements specifying union or guild obligation.

13 Things to consider 1. As an individual should you join, what are the advantages of union membership, and are you eligible to join? 2. As a producer (and if you have a choice) which unions and guilds, if any, should you sign collective bargaining agreements with?

14 Becoming a Union Member definitely advantageous to become a member of a union or guild with benefits such as; overtime, meal penalties, health insurance, pension, vacation and holiday pay, etc preferable to the longer hours and lower wages generally associated with nonunion shows

15 Joining Unions quite difficult to join most of the unions and guilds, because a primary function of their existence is to protect the employment of their current member-ship by limiting the number of new members they accept

16 Keeping records Keep copies of things such as: deal memos, paycheck stubs, call sheets, production reports, and crew lists. Some unions will require letters from producers or department heads you worked under confirming work dates and job responsibilities. Occasionally, you will be asked for proof of screen credits.

17 Find out what the requirements are, and set up a file box to start accumulating all the necessary paperwork.

18 BECOMING A UNION SIGNATORY As a producer, it will be your responsibility to determine which unions and guilds to sign with Consider whether: Budget will accommodate union wages and benefits film will be shot in a right-to-work state certain people you want on your show who are union members and cannot work for you unless you become signatory to their contract If you will shoot on a studio lot that only allows for the employment of union members

19 unions and guilds now offer a range of agreements type of show (theatrical motion picture, basic cable, prime time network television, documentaries, short films, commercials, & new media, etc budget (ranging from $500,000 or less to $1,500,000 and above low-budget and affirmative action agreements offer less expensive pay scales and more flexible working conditions

20 DIRECTORS GUILD OF AMERICA DGA offers two basic agreements: The Basic Agreement: covering theatrical motion pictures (including television, shorts and documentaries), The Freelance Live and Tape Agreement: covering freelance live and tape television. covers wages and working conditions for network, non-network, variety, primetime, non-primetime, quiz and game shows. The Low-budget Side Letter to the Basic Agreement- for films budgeted up to $9,500,000. The side letter agreement offers varying levels of compensation based on the film's budget and is subject to the DGA members on the project being able to negotiate better terms.

21 Other DGA Agreements National and Midwest commercial agreement Documentary contracts Experimental Project agreements Industrial Supplement to National Commercial Agreement Basic Cable Side letter Internet /Mobile Device Side letter Reality Television Agreements

22 All Agreements Based on: Type of show Show s length Budget Form of initial exhibition

23 DGA the Guild may ask for a payroll deposit to be provided prior to principal photography to insure salary payments (and Pension, Health & Welfare contributions) to DGA-covered crew members.

24 SCREEN ACTORS GUILD (SAG) The Screen Actors Guild currently offers a low-budget agreement for productions with budgets of $2 million or under and an affirmative action agreement for productions with budgets of $2.75 million and under These agreements provide for pay scales that are two contract terms behind the current wage structure. must be filmed entirely in the United States and have an initial theatrical release

25 SAG agreements Short Film Agreement less than $50,000, 35 minutes or less, salaries deferred Ultra Low Budget Agreement-$200,000 budget, Day rate of $100 Modified low budget-$625,000 Budget, day rate of $268, weekly rate $933 Low budget- $2,500,000 budget, day rate of $504, weekly $1752

26 SAG- Modified low budget modified low-budget agreement is now being offered for productions with budgets under $500,000. The biggest obstacle to the modified low-budget agreement is that the film must have a theatrical release of at least two weeks.

27 SAG Agreements SAG does not offer low-budget agreements for television productions there are separate video agreements for films made exclusively for video release

28 SAG All SAG agreements require that the producer show proof of copyright ownership to the screen-play prior to the start of principal photography. This requirement impacts the guild's security interest in maintaining its rights, especially with regard to residual obligations.

29 Forms Screen Actors Guild, Directors Guild and Writers Guild. Each of these three guilds have their own very distinct forms, reports and guidelines that signatory companies are asked to adhere to. As a signatory to SAG, DGA and WGA, you will have copies of each of the guild contracts and should know the rules and rates associated with each.

30 Taft Hartley Performers are eligible to join the Screen Actors Guild after working on a SAG film in a principal role, Gaining Taft Hartley status 15 days after the first day of work or by meeting background actor entry requirements

31 THE WRITERS GUILD NOTICE OF TENTATIVE WRITING CREDITS Television required to send a completed and signed copy of the WGA's Notice of Tentative Writing Credits Television form (NTWC) to the Writers Guild and to all participating writers concurrently

32 WGA List all participating writers at the top, even if not proposed for credit. Include network and length of show. If it is not an episodic series (sitcom or one-hour), list the type of show. Use an ampersand ("&") between the names of members of a writing team. List the "Created by" and any other continuing credits on each NTWC in the "continuing credit" space. The date to put after "The above tentative credits will become final... not later than 6:00 p.m. on... " is seven (7) business days from the date of dispatch of the NTWC to the Participating Writers and to the Guild. (If the writing credits need to be revised, this date must also be revised to take into consideration the new date of dispatch.) The writing credits will become final after this time period has elapsed unless the proposed credits trigger an automatic arbitration or if a pro-test is received from a participant and/or the Guild. List the Company at the bottom of the form.

33 WGA Include a contact name, phone number and address when transmitting the NTWC. When sending the NTWC to the Guild, it should be addressed to the attention of the Television Credits Administrator. For general credit waiver information, contact the TV Credits Coordinator. For team waivers, contact the Guild's Executive Office. Note, however, that requests for team waivers must be made prior to employing the team on the project. In the event a participant of the Guild protests the proposed credits or in the case of an automatic arbitration, you are required to submit three copies of all literary and source materials to the Guild.

34 THE WRITERS GUILD NOTICE OF TENTATIVE WRITING CREDITS Motion Pictures List all participating writers at the top, even if not proposed for credit. All participating writers must receive a copy of the final shooting script. Include the proposed writing credit after "On Screen." For example, "Written by Writer A," or "Screenplay by Writer B and Writer C, Story by Writer A." Use an ampersand ("&") between the names of members of a bona fide writing team. Use an "and" to designate writers writing separately. No other punctuation is allowed. The date to put after "The above tentative credits will become final... not later than 6:00 p.m. on... " is twelve (12) business days from the date of dispatch of the NTWC to the Participating Writers and to the Guild. (If the writing credits need to be revised, this date must also be revised to take into consideration the new date of dispatch.) The writing credits will become final after this time period has elapsed unless proposed credits trigger an automatic arbitration, or if a protest is received from a participant and/or the Guild.

35 WGA stipulations List the Company at the bottom of the form. Include a contact name, phone number and address when transmitting the NTWC. When sending the NTWC to the Guild, it should be addressed to the attention of the Screen Credits Administrator. For team waivers, contact the Guild's Executive Office. Note, however, that requests for team waivers must be made prior to employing the team on the project. In the event a participant of the Guild protests the proposed credits or in the case of an automatic arbitration, you are required to submit three copies of all literary and source materials to the Guild.

36 PGA (Producers Guild of America) Categorized as a trade organization not union