|
This document is a non-legal interpretation of the IATSE AICP Commercial Agreement and may include errors, omissions, or misinterpretations. It is for quick reference only. If you have any questions about your rights or this contract, contact Jim Roberts at (305) 625-8588; jimroberts@iatse477.org
Researched, written, and designed by Greg Chamberlain. Comments or suggestions for updates may be directed to: ia477@gregchamberlain.xyz
SCOPE & APPLICATION (Article I)
- Budget Tiers (Sec B) determine which wage scale and conditions apply:
- Ultra-Low: ≤ $3,000,000
- Tier One A: $3,000,001–$6,250,000
- Tier One B: $6,250,001–$9,000,000
- Tier Two: $9,000,001–$12,500,000
- Tier Three: $12,500,001–$15,000,000
- Tier Bump Protection (Sec D)
- If the actual budget exceeds the declared tier by >10% (excluding insurance reimbursements):
- Wages must be retroactively increased to the correct tier
- Retroactive includes: base rate, OT, premiums, travel pay, and all wage-based costs
- Appendix A ¶2 employees: +10% wage increase instead of BA rates
- If the employer fails to notify IATSE of the overage OR the film exceeds Tier Three +10%:
- → Retro pay defaults to Basic Agreement + Local rates
- Exceptions: Acts of God, fire, earthquake, governmental action
NO DISCRIMINATION / HARASSMENT (Article IX)
- Workplace Protections
- No discrimination based on protected categories (race, sex, gender identity, disability, age, union status, etc.)
- Employers must provide:
- Harassment prevention training
- Clear reporting procedures
- Investigation of complaints
- Remedial action if misconduct is found
- Reporting Options
- Supervisor, 1st AD, safety officer
- Third-party reporting hotline (Hollywood Commission, etc.)
- Union reporting (note: reporting to the Union ≠ reporting to Employer)
- Enforcement
- Employer must investigate and inform involved parties of results
- Union can file grievances if remedial action is ineffective (non-arbitrable except limited cases)
- Employees retain full federal/state/local legal rights
GRIEVANCE PROCEDURE (Article XI)
- Filing a Grievance (Sec A)
- Start with: Local Rep ↔ UPM/Producer Rep
- If unresolved: IATSE Intl Rep ↔ Employer Rep
- Still unresolved → Arbitration (AAA in U.S.; Minister of Labour appointee in Canada)
- Arbitrator’s decision = final and binding
- Time Limits (Sec A)
- Must be written and filed within 30 days of incident or when you knew
- No case can be filed more than 1 year after incident
- Missing deadline = waived claim
- Non-Payment Exception (Sec B)
- If employer fails to pay wages or benefit contributions:
- → Union may skip arbitration and pursue any legal remedy immediately
MINIMUM TERMS & CONDITIONS (Article XV)
- All wages and conditions are minimums only
- You can negotiate better conditions
- If you already have better conditions → they can’t be reduced because of this contract
ASSISTANCE / INTERCHANGE (Article XVI)
- Cross-Department Help (Sec A)
- Once Grip, Electric, and Props are staffed with: Dept Head + Assistant + Journeyperson
- They may assist each other across duties
- Jurisdiction lines between these three departments are flexible on this contract
- Art Dept, Set Dec, Costumes, etc. are not included
WORK DAY, WEEK & MINIMUM CALLS (Article XVII)
- Work Week (Sec A)
- Workweek = 5 or 6 consecutive days
- Workweek may shift 2× per production
- Main + 2nd Unit may shift independently
- Each shift requires 32 hrs rest
- Must have one full workweek between shifts
- “Round-trip” shift = counts as 1 shift
- Work Day / Minimum Calls (Sec B)
- Daily call: 8 hrs (excluding meals)
- Travel-only day: 4 hr min / 8 hr max @ straight time
- Travel-only days do not count as work days for determining 6th/7th day multipliers
- Work + travel day: all hours = work hours
- Work time measured set call → set dismissal
- Call Times (Sec C)
- Call times must be issued before dismissal
- If dismissed early, call time may be issued at general crew wrap
OVERTIME (Article XVIII)
- Daily OT (Sec A)
- 1x: First 8 hrs
- 1.5x: >8 hrs; 1st 8 hours on 6th day
- 2x: >12 hrs; all hrs on 7th day/holiday
- Excessive Hours Penalty (Sec B)
- 3x pay after 15 hrs worked (any day)
- General OT Rules (Sec C)
- OT counted in 1/10 hr increments
- No stacking rates → highest rate applies
REST PERIODS (Article XIX)
- Daily Rest
- Minimum 10 hrs rest from wrap → next call
- Weekend Rest
- 5-day week: 52 hrs
- 6-day week: 32 hrs
- 6th day occurring on 7th day: 32 hrs rest before 6th-day call
- Rest Invasion Penalties
- If full rest not provided:
- Return at base or OT rate + 1 hr straight time per invaded hour
- If <8 hrs rest → all hours paid at above penalty rate until a full 10 hrs rest is provided
- 14+ Hour Days Rule
- If >14 hrs worked on two consecutive days, and rest is invaded after the 2nd:
- Return at dismissal rate + 1 hr straight time per invaded hour
- 7 Consecutive Days Worked
- Weekend “Set-to-Set” Rule
- Weekend rest measured set-to-set or worksite-to-worksite
- Any invasion = straight time for invaded hours (partial hour = full hour)
MEALS (Article XX)
- Meal Periods (Sec A)
- Meals: 30–60 min
- 1 deductible meal during minimum call
- 2nd deductible meal only if working past minimum call
- Employer meals must be appropriate (no fast food)
- Off-production crew on site must receive same meal or allowance
- Per diem satisfies meal allowance
- Meal Timing (Sec B)
- 1st meal: within 6 hrs of call | no earlier than 3 hrs after report
- Early call with breakfast:
- 1st deductible meal aligned with crew
- Breakfast = up to 30 min
- Next meals every 6 hrs
- Meal Extensions (Sec C)
- 1st meal may extend 15 min for setup
- 2nd meal may extend 30 min for setup/wrap
- Extensions cannot be scheduled
- If exceeded → penalties relate back to when meal was due
- 2nd meal may be non-deductible walking meal
- Meal Penalties (Sec D)
- 1st ½ hr: $8.50
- 2nd ½ hr: $11.00
- 3rd–4th ½ hr: $13.50
- 5th+ ½ hr: $18.00
- After 20 penalties/week:
- → 1 hr straight time per ½ hr (min $20)
- Meals for Off-Production Crew (Sec E)
- Must receive same meal or meal allowance
- Per diem fulfills allowance obligation
- Alternative Meals System (Sec F)
- Requires 2/3 majority crew vote (secret ballot)
- Structure
- 11-hour elapsed day begins with:
- 1 hr paid meal before crew call, OR
- ½ hr paid meal + two 15-min breaks if pre-call
- Guaranteed 11 hrs pay
- Continuous hot buffet
- Department rotation for breaks
- OT Under Alt System
- (Elapsed hours since paid pre-call period)
- Additional Rules
- Travel paid at correct premium rate
- Meal penalties trigger after 11 elapsed hours
- Crew not given chance to eat within 10 hrs → meal penalties
- May be rescinded with 24 hours notice (majority vote)
LOCATIONS & TRAVEL (Article XXI)
- Local Work Zone (Sec A & B)
- Standard local zone = 30-mile radius from production office
- LA zone measured from Beverly & La Cienega
- NYC zone measured from Columbus Circle
- If access to a location is difficult → production must provide transport
- If you work 14+ hrs on any local-zone day → must be offered either:
- Ride home + ride back next day, OR
- Hotel room
- Travel Pay & Mileage (Sec E–F)
- Inside Zone → Outside Zone (you drive yourself):
- Mileage paid at IRS/CRA rate
- Based on shortest drivable route
- Travel time outside the 30-mile zone = paid at straight time as an allowance
- Does not count toward rest period
- Distant Location Travel & Housing (Sec G–I)
- If employee’s primary residence is 60+ miles from production:
- Must be provided: per diem, housing (or allowance), and transport
- Per diem rates:
- Breakfast $12 | Lunch $16 | Dinner $32
- Employer-provided meals may be deducted from per diem
- Housing must be single-bedroom where available
- Coach-class airfare allowed
- Portal-to-Portal (for distant location days)
- All time = paid from lodging → set → lodging
- Rest periods also calculated portal-to-portal
- If you choose off-site lodging, time is calculated from production’s primary housing
- Long Local Commute Days (Sec J)
- Working outside the zone?
- If work + travel from zone boundary exceeds 14 hrs → must be offered:
- Hotel, OR
- Ride home + ride back next day
- Idle 6th/7th Days on Distant Location (Sec K)
- (Not applicable to on-call BA employees)
- If you do not work on the 6th or 7th day:
- Ultra Low & Tier 1A: extra 1 day per diem + 4 hrs H&P contributions
- Tier 1B: extra 1 day per diem + 8 hrs H&P contributions
- Tier 2 & Tier 3: paid 4 hrs straight time + 8 hrs H&P (or daily rate)
- Max 2 idle days/week unless due to a workweek shift
- Replacing a Distant Hire (Sec L)
- If production replaces a distant hire with a local hire to avoid housing/per diem costs:
- Must give 1 week notice, OR
- Pay the distant hire:
- Remaining week’s housing cost
- Remaining per diem (as if full week worked)
CANCELLATION / CHANGE OF CALLS (Article XXII)
- Call Cancellations (Sec A)
- If call is cancelled after 5:00pm the day before:
- 8 hr pay (work call)
- 4 hr pay (travel-only call)
- Calls for people not yet on payroll cannot be cancelled
- Changing Call Times (Sec B)
- Calls may be changed:
- By 8:00pm the day before, OR
- With 6 hrs notice on day of call (only if notice is after 7:00am)
- Calls may be pushed later as long as crew gets 9 hrs notice
- Weather-Permitting Calls (Sec C–D)
- Allowed conditions: extreme heat/cold, wind, lightning, snow/ice, fire hazard, smoke, hurricanes
- Employer may issue a weather-permitting call:
- Before dismissal for current employees
- Up to 12 hrs before call for non-payroll individuals
- May cancel weather-permitting call up to 4 hrs before call time
- Daily Employee Pay (weather-permitting)
- If told not to report → 4 hrs straight time + partial benefits
- If notice is late → 8 hr minimum call
- On-Call Weekly Employee Pay
- If told not to report → ½ of 1/5 of weekly rate + partial benefits
- If notice is late OR if employee is authorized to work → paid for the day
- Inclement Weather Cancellation (Sec D)
- Calls may be fully cancelled for qualifying weather
- Crew must be notified by 8:00pm the night before
- Applies to the first day of the week too (e.g., a Monday)
- Crew must be warned on Friday that Monday might cancel
- Final cancellation must be by 8:00pm Sunday
HOLIDAYS (Article XXIII)
- Recognized Holidays (Sec A)
- New Year’s Day
- Martin Luther King Jr. Day
- Presidents’ Day
- Good Friday
- Memorial Day
- Juneteenth
- Independence Day
- Labor Day
- Thanksgiving Day
- Day After Thanksgiving
- Christmas Day
- Observed on the industry-recognized date
- Weekly employees + distant hires → paid for unworked holidays
- Employer cannot convert a weekly employee to daily just to avoid paying holiday
BEREAVEMENT LEAVE (Article XXV)
- Death of: parent, step-parent, grandparent, grandchild, sibling, step-sibling, spouse, child, step-child
- Up to 3 paid days off
- Job is protected during leave
- Must have worked 50%+ of department’s total workdays to be eligible
- Paid at unworked holiday rate
- Employer may delay payment until eligibility is confirmed
WAGE RATES & PAYMENTS (Article XXIX)
- Minimum Rates (Sec A)
- Rates are in Appendices A–D (Tier-based)
- Daily hires: 1-day guarantee
- Weekly hires: 1-week guarantee
- Partial weeks prorated at 1/5 of weekly rate per day
- Weekly guarantee may be reduced 1/5 per day if employee no-shows
- Ultra Low Budget Wage Rules (Sec B) (Films ≤ $3M, 15+ shoot days)
- Wages = negotiated, but not less than 125% of legal minimum wage
- No hourly rate can drop below:
- Year 1: $13/hr
- Year 2: $14/hr
- Year 3: $15/hr
- OT must comply with state/federal law
- Pattern of underpayment → crew bumps to Tier 2 minimums retroactively
- Upgrading Classification (Sec C)
- Work 2+ continuous hours in a higher classification → paid higher rate for the full day
- Payday (Sec D)
- Wages must be paid no later than Friday following the workweek
- Script Supervisor Provisions (Sec E–F)
- Prep: minimum 2 days
- Timing: paid in addition to prep
- Multi-cam days: +$40/day
SPECIALIZED WORK (Article XXX)
- Right to Refuse Unsafe Work (Sec A)
- No employee can be required to do work they reasonably believe is dangerous
- Negotiated Rates (Sec B)
- Specialized work requires negotiating a special rate
- If no agreement, refusing the work cannot hurt future employment
- Employee may request business agent assistance (must not delay production)
- Waivers (Sec C)
- If a location requires a liability waiver, employee may refuse
- Refusal: may be replaced for that job, but not blacklisted
- General Safety Duty (Sec D)
- Employer must follow all industry safety standards and regulations
- Aerial/Submarine Filming (Sec E)
- +$40 per flight/dive (max $120/shift)
- Underwater Work Bonuses (Sec F–H)
- Full-shift underwater using gear → +25% bonus (unless overridden by G)
- Dive ≥ 15 ft → $40 per dive, max $120/shift (replaces 25% bonus)
- Dive ≥ 20 ft → must have a second diver
- 3 ft+ water for ≥4 hrs → +15% bonus
- Requirements: dressing room, hot drinks, 10-min breaks each hour, no >2 hrs without a break, cold-weather gear, pair-working when required
SAFETY (Article XXXIII)
- Safety Procedures (Sec A–D)
- Unsafe-condition complaints must be promptly investigated
- Employer must designate a Safety Officer
- Safety contact info must be on call sheets
- Union must receive Safety Rep contact info
- Environmental Testing (Sec E)
- If employer hires an environmental consultant → union gets the summary report
- Reports are confidential
- Hotline (Sec G)
- IATSE Safety Hotline (844-422-9273) must appear on all call sheets
SICK LEAVE (Article XXXIV)
- IA waives all city/state sick-leave laws for productions under this agreement
- No locally mandated paid sick leave applies (NYC, Chicago, SF, etc.)
- Future sick-leave laws will also be waived by letter agreement
MINIMUM WAGE RATE SCHEDULE (Appendix A)
- Production Cities (Sec 1)
- Tier One: All hires (anywhere) → Appendix B rates
- Tier Two & Tier Three:
- If hired in a Production City to work in or out of that city → Appendix C rates
- If hired outside a Production City but sent to work in a Production City → Appendix C rates
- If hired under Article XII (LA County multi-employer unit) on Tier 2/3 → Appendix C rates
- Production Cities: Chicago, Cleveland, Detroit, Orlando, San Francisco, St. Louis, New York City, Washington D.C.
- Dolly Grip (weekly hire) may be paid Best Boy Grip weekly rate
- Swing Gang (weekly hire) may be paid Craft Service weekly rate
- All Other Locations (Sec 2)
- Hired outside Production Cities and working outside Production Cities on Tier 2/3 → Appendix D rates
Download:
|
