Chapter 11
Unions and Guilds
INTRODUCTION
This is an aspect of the industry that changes every few years — collective bargaining agreements are renegotiated, becoming a union or guild signatory becomes more attainable for lower-budgeted productions, added contracts are being offered for new forms of media, and rates, guidelines and benefits are revised. To help you interpret and remain compliant with the numerous working terms and conditions of union contracts, all major studios, networks and payroll companies have in-house Labor Relations personnel to guide you through the world of unions and guilds (especially when it comes to navigating the multitude of rules associated with each) and to handle the grievances that are occasionally made against productions when contract provisions are violated (or perceived to be violated). Your project attorney should also be knowledgeable about union/guild guidelines and be able to advise you as to which unions and/or guilds represent the employee base you need to make your particular project. More importantly, whether you have a labor relations expert or entertainment attorney available to counsel you on these matters or not, you should have a good working knowledge of the terms and conditions of all union contracts and guild agreements, how each one could affect your production and the ultimate sale of your project and just what you’re getting yourself into by signing —or not signing — with one, some or all of them.
The following is a brief summary of the basics with the exception of the Directors Guild of America (DGA), which is a bit more extensive, just because the DGA relates more directly to what the typical readers of this book are doing or want to do, and several of you — if you’re not already — would like to someday become a member of the DGA. And as for SAG, you’ll find much more information on working with actors and key SAG guidelines (including the employment of minors) in Chapter 12.
To learn more about any union or guild, go to their respective websites (listed at the end of the chapter) to find contracts, membership information, signatory information, rates, forms and particulars about their programs, branch offices and so forth.
AN OVERVIEW OF INDUSTRY UNIONS AND GUILDS
All major studios, networks and many independent production companies are signatory to certain basic union and guild agreements, the most common being the Screen Actors Guild (SAG), which represents actors, stunt coordinators, stunt performers, professional singers, puppeteers, airplane pilots, professional dancers (under some circumstances, swimmers and skaters as well) and background actors; the Directors Guild of America (DGA), which represents directors, unit production managers and assistant directors in film and associate directors and stage managers in tape; the Writers Guild of America (WGA), which represents writers; the International Alliance of Theatrical Stage Employees (IATSE or IA, also known as the “craft” locals), covering various crew classifications (each represented by their own local); and the Teamsters, with jurisdiction over drivers and location managers. (Note that although the Teamsters represent location managers on the West Coast, location managers are represented by the DGA on the East Coast. It’s also interesting to note that the Teamsters now represent casting directors on both the East and West Coasts.)
The American Federation of Television and Radio Artists, or AFTRA, is another national labor union that represents performers as well as journalists and other artists working in the entertainment and news media. With regard to the music used in your show, you may well be hiring union musicians who are members of the American Federation of Musicians of the United States and Canada. The AFM represents professional musicians, protects ownership of recorded music and secures benefits for its members. Another labor organization, less prominent in the type of productions covered in this book (but worth mentioning), is the National Association of Broadcast Employees and Technicians — NABET, which represents broadcast and cable television workers employed in broadcasting, distributing, telecasting, recording, cable, video and sound recording industries in North America.
Many of the unions and guilds, in addition to having offices in both Los Angeles and New York, have additional branch offices in various other locations throughout the country. The IA doesn’t have branch offices, but does maintain individual locals (also known as “studio mechanics locals”) in various different cities. To locate any of the unions or guilds you’d like information on, start by visiting their websites (listed at the end of this chapter).
UNION VERSUS NONUNION SHOWS
The differences between union and nonunion shows are considerably less when low-budget union and guild agreements are thrown into the equation, but generally, figure on paying quite a bit less for payroll fringe benefits on nonunion employees than you would for union employees. (The percentages vary a bit depending on state income tax and workers’ compensation rates.) Not only are salaries and fringes less, but payments for overtime and other penalties are only those minimums set forth by state and federal wage and hour laws (it’s important to keep in mind that there are always state and federal wage and hour minimums to be mindful of where there is no collective bargaining agreement/union contract in place). On the other hand, free of certain regulations, a nonunion DP can also operate (although under certain circumstances, a DP can now operate with proper notice under an IA agreement), production assistants and other crew members can drive their own trucks, you can hire a two-person sound department instead of a three-person crew, and you can hire grip/electricians as needed instead of grips and electricians or one extra hair/ make-up person rather than one of each. Also, when filming in any of the 21 right-to-work states in the U.S. (Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming), individual crew members aren’t required to become union members. Right-to-work laws give employees the right to decide for themselves whether to join or financially support a union. It also makes it easier for producers looking to assemble a nonunion crew to work in those states.
There are advantages and disadvantages to both, for the company and the employee. Determining factors as to whether a show should be union or nonunion will usually depend on the budget, where it’s being shot, the affiliation and fringe benefit demands of key crew members and whether the company releasing the film has any previously existing union or guild obligations.
Depending on what side of the fence one is sitting on, these are the things to be considered in relation to unions and guilds: (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), with which unions and guilds, if any, should you negotiate or sign collective bargaining agreements?
BECOMING A UNION MEMBER
The eligibility requirements for membership differ with each union and guild, because each has its own set of variables, depending upon the classification you’re seeking. It’s definitely advantageous to become a member of a union or guild, as their collective bargaining agreements provide benefits such as overtime, meal penalties, health insurance, pension and vacation and holiday pay. Although preferable to the longer hours and lower wages generally associated with nonunion shows, union and guild membership isn’t open to just anyone who wants in. It’s actually 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 membership.
Contact the union or guild you’re interested in joining to inquire about their membership and eligibility requirements. You need only to sell a script to a signatory company to become a member of the Writers Guild. With a special talent or ability or an accumulation of three background actor vouchers, you can become a member of SAG. Many other unions and guilds require that you work a specified number of hours or days at a particular job classification and prove a certain level of expertise in a given field. Some locals require that you work at least 30 days in a certain capacity on covered shows to apply for placement on the Industry Experience Roster. The Industry Experience Roster for most of the below-the-line unions is administered by Contract Services Administration Trust Fund (CSATF). (CSATF also administers safety training for the below-the-line unions. See the end of this chapter for contact information.) Those on the roster are given “preference of employment” over those not on the roster for work assignments. For more information on membership, contact the union or guild you’re interested in, and they’ll provide you with requirement guidelines or refer you to their website. Find out what the requirements are, and set up a file box to start accumulating all the necessary paperwork in order to verify your past work experience.
In the pursuit of union membership and/or roster placement, you have to keep careful records documenting your work history. Even if you’re far from reaching your goal, gather and track the substantiating employment data as you go along, because it’s difficult to go back and collect pieces of information long after a production has been completed. 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’ll also be asked for proof of screen credits or employment verification records from the payroll company.
BECOMING A UNION SIGNATORY
As a producer, it’ll be your responsibility to determine which unions and guilds are best suited to work with you on your project. When it’s not predetermined by a studio, network or distributor, it’s the producer who decides which unions and guilds (if any) to sign with. And as a producer, you would have to consider the following: Will your budget accommodate union wages and benefits? Will the film be shot in a metropolitan area where you’re likely to be visited by picketers should you decide not sign a particular union agreement? Are there certain people you want on your show who are union members and will not work for you unless you become signatory to their contract?
Most of the unions and guilds now offer a wide range of agreements to accommodate all types of production, including theatrical motion pictures, basic cable, prime time network television, documentaries, short films, commercials and new media — the lower-budget agreements offering less-expensive pay scales and more-flexible working conditions to those who qualify.
These special contracts are usually made available to companies who would not otherwise be able to sign union agreements, and they allow the production entity to pay union benefits to cast and crew members who might not otherwise receive them. Each agreement comes with its own qualification guidelines and requirements. Check to see if you qualify before assuming that you can’t afford to become a signatory. Also be aware that representations regarding budget levels are typically subject to careful audit scrutiny.
MORE SPECIFICALLY
The following is further information on the unions and guilds we deal with the most.
Screen Actors Guild (SAG)
Established in 1933, SAG is America’s largest union representing actors. With 20 branches nationwide, they represent more than 120,000 actors who work in film and digital motion pictures and television programs, commercials, video games, industrials, music videos, Internet and all other new media formats.
Screen Actors Guild offers contracts for Theatrical Films, Television, Commercials, Industrial and Educational Films and New Media. Full contracts and digests of contracts (which contain basic rates and regulations) as well as digests for both East Coast and West Coast Background Actors can be found on SAG’S website. Most forms are only accessible to signatory companies.
SAG has also added iActor to their website — an online casting directory that exclusively features SAG members and provides automated Station 12 cast clearance. Available to all casting directors working on signatory productions, iActor allows casting professionals to search through members’ headshots, resumes and media by any combination of terms, such as gender, ethnicity, special skills or credits. Members can even use the service to email an electronic copy of their resume to casting directors directly, any time of the day or night.
After recent labor negotiations, SAG has clearly established jurisdiction in new media, which covers programs with initial distribution on the Internet, mobile devices or any other platform known or hereafter adopted. SAG members are able to work on new media projects as long as the producers of those projects are signatory to the appropriate SAG contract. There’s no fee associated with signing the Screen Actors Guild New Media Agreement, and performers working under this agreement are free to negotiate their own pay scale (keeping in mind minimum wage laws). Initial compensation for performers covers unlimited streaming, with residuals due for continued new media exhibition only for programs with a final total cost of $25,000 or more per minute that are also exhibited on a consumer pay platform beyond the 26th week after it’s exhibited on a consumer pay platform.
Visit www.sag.org/newmedia for further information.
SAGIndie
SAGIndie is made possible by a grant from the Screen Actors Guild-Producers Industry Advancement & Cooperative Fund and the letter “R.” Its philosophy is that just because your film isn’t produced by a studio doesn’t mean you can’t use professional talent. In fact, input from independent producers continues to help SAG revise and improve its low budget agreements — the Short Film Agreement, UltraLow-Budget Agreement, Moderate-Low-Budget Agreement and Low-Budget Agreement — all of which must be shot in the United States. And the Modified Low-Budget and Low-Budget Agreements stipulate that films made under these contracts must have an initial theatrical release.
You can review these agreements online, but here’s an overview of each of them.
Short Film Agreement
• Total budget of less than $50,000
• 35 minutes or less
• Salaries are deferred
• No consecutive employment (except on overnight location)
• No premiums
• Allows the use of both professional and non-professional performers
• Background performers not covered
Ultra-Low-Budget Agreement
• Total budget of less than $200,000
• Day rate of $100
• No premiums
• Allows the use of both professional and nonprofessional performers
• Background performers not covered
Modified Low-Budget Agreement
• Total budget of less than $625,000
• Day rate of $268
• Weekly rate of $933
• No consecutive employment (except on overnight location)
• Six-day workweek with no premium
• Reduced overtime rate
Low-Budget Agreement
• Total budget of less than $2,500,000
• Day rate of $504
• Weekly rate of $1752
• No consecutive employment (except on overnight location)
• Six day work week with no premium
• Reduced overtime rate
• Reduced number of background performers covered
Additionally, SAG offers a Diversity-in-Casting Incentive and Background Performer Incentive to filmmakers utilizing particular low-budget agreements. They can be found on the SAGIndie website: www.sagindie.org.
Note that SAG doesn’t offer low-budget agreements for television productions. Also, all SAG agreements require that the producer show proof of copyright ownership to the screenplay 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.
Performers are eligible to join 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.
AFTRA
Founded in 1937, the American Federation of Television and Radio Artists is the nation’s second largest performers union. Headquartered in Los Angeles with 32 Locals and Chapters throughout the country, AFTRA represents more than 70,000 performers, recording artists and broadcast journalists working in the entertainment and news media. Their scope of representation covers broadcast, public and cable television (news, sports and weather; dramas, comedies, animated programs, soaps, talk and variety shows, documentaries, children’s programming, reality and game shows); radio (news, commercials, hosted programs); sound recordings (CDS, singles, Broadway cast albums, audio books); video games; nonbroadcast and industrial material as well as Internet and digital programming. AFTRA offers a wide variety of contracts and agreements that cover TV programs, radio and TV commercials, nonbroadcast/industrial projects, interactive, sound recordings and various forms of new and experimental media at all budget levels. AFTRA has an open membership policy and there are no eligibility requirements, so any person who has performed or intends to perform professional work in any one of AFTRA’s jurisdictions may join. For more information or to join online, visit www.aftra.com.
Please note that as it pertains to television programs, video games, commercials and nonbroadcast/industrials — a production that’s shot on film is eligible to become a SAG signatory only, whereas a show that’s shot on videotape is usually covered by AFTRA. A digital media production is eligible to become signatory to either SAG or AFTRA.
Directors Guild of America (DGA)
The DGA offers two basic agreements and several other agreements and sideletters (sideletters are used to “supplement” basic agreements) — all designed to cover various types of projects and budgets. They include:
• The Basic Agreement, covering theatrical motion pictures (as well as television and basic cable)
• The Freelance Live and Tape Television Agreement, covering wages and working conditions for network, non-network, variety, prime-time, nonprime-time, quiz and game shows
• Low-Budget Sideletter to the Basic Agreement: these agreements offer varying levels of compensation to DGA members based on the film’s budget (up to $9,500,000) and are subject to the members on the project being able to negotiate better terms. If a picture fails to get a domestic theatrical release and is released to DVD, pay or free TV, it remains classified as a theatrical motion picture for purposes of the Basic Agreement and the Low-Budget Agreement — as long as it’s not actually developed for television or financed in excess of 50 percent by a television network or broadcaster. Otherwise, the production company is then liable for the difference in salaries between what was paid under the sideletter and applicable wages provided for in the standard basic agreement.
• National and Midwest Commercial Agreements
• Documentary contracts, covering documentaries made for theatrical, free television, pay television, cable television and video release
• Experimental Project Agreement (for a project with a budget of no more than $50,000 and a running time of not more than 30 minutes, intended to serve as a “resume piece” for a director and not for commercial release)
• Industrial Supplement to the National Commercial Agreement (for nontheatrical productions)
• Basic Cable Sideletter (for projects under certain budget caps)
• Internet/Mobile Device Sideletters for a single project, original series or derivative series
• Reality Television Agreements
All DGA agreements are based upon the type of show, the show’s length, budget and form of initial exhibition. On independently produced projects, the DGA requires a payroll deposit prior to principal photography to insure salary payments (and pension, health and welfare contributions) to DGA-covered crew members. You can review all DGA contracts and sideletters by going to their website, www.dga.org.
Getting into the DGA
If you think you might like to pursue a career as a DGA, starting as a second assistant director, there are a couple of different ways to get into the Guild. Although the competition is stiff, the best route is via one of the official training programs — the 400-day Assistant Directors Training Program on the West Coast or the 350-day Assistant Director Training Program in New York. Both programs consist of on-the-job training, seminars and special assignments. Trainees are assigned to work on the sets of various feature films, television series, etc. under the supervision of DGA members — primarily second assistant directors. Upon completion of the program, graduates are qualified to join the DGA as second assistant directors.
The Directors Guild-Producer Training Plan (which administers the Assistant Directors Training Program) is headquartered in Los Angeles. Established in 1965 by the Directors Guild of America and the Alliance of Motion Picture and Television Producers, it’s governed by a board of trustees consisting of representatives from both the DGA and the Association of Motion Picture and Television Producers (AMPTP). Applications are available each fall for the following year’s training program and can be downloaded from the training program’s website. After the applications are reviewed, a certain number of individuals (the exact number is subject to change each year) are invited to the “assessment center,” and then, if considered eligible, are invited to be interviewed. A class is then selected to participate in the training program.
The requirements for the training program require that applicants:
• Be eligible to work in the United States
• Have a high school diploma
• Have demonstrated an interest in and/or have experience in the motion picture and television, entertainment or related industries and at least one of the following:
• A Bachelor or Associate degree from an accredited college or university
• Certification of current enrollment specifying that you will complete your coursework and graduate with an Associate or Bachelor degree no later than the date specified on the most current application
• Written proof that of having attained at least a level E-5 in a branch of the U.S. military service (along with a copy of an official DD Form 214 or a document on official letterhead, identifying the separation date and the condition of honorable discharge)
• Two years (520 actual work days) of full-time paid employment (or its part-time equivalent). Applicants may also use a combination of college credits and work experience to meet the eligibility requirements. The combination must equal two years.
To find out more about this program, what’s expected of a trainee and/or to download an application, go to www.trainingplan.org. The phone number of the DGPTP is:(818) 386-2545.
In New York, each year the DGA Assistant Director Training Program accepts a limited number of applicants into their program. The number is determined by the employment outlook for the coming year in the motion picture industry in New York. On average, the program receives between 250 and 300 applications from around the country, and of that total, between five and seven candidates are accepted. Applicants must be U.S. citizens or permanent residents. A four-year college degree and some industry experience is recommended but not essential. Applicants who are accepted are then invited to take an exam that’s held in New York City once a year. The exam consists of a battery of tests designed to evaluate problem-solving skills, interpersonal orientation, verbal ability and critical thinking. Those candidates who rate the highest on the written exam are then scheduled for a one-on-one halfhour interview with assessment consultants. Of those, about 20 candidates are chosen to interview before the board; of those, the trainees are selected for that year’s program.
For more information on the New York DGA Assistant Director Training Program, go to www.dgatrainingprogram.org or call: (212) 397-0903.
If you’re not able to get into the DGA through one of the training programs, another way in is via the Third Area Qualifications List (Article 14-500), which allows production companies in certain instances to hire nonqualified and/or nonunion second second assistant directors or additional second assistant directors when shooting outside of the Southern California and New York metropolitan areas. You’re allowed to work third area on a union show in one of these capacities (before you’ve accumulated 120 work days and are placed on the Third Area Entertainment or other Entertainment Qualifications List) — if you live locally. (Note, however, that the company must first consider those who live locally who are already on the appropriate Qualifications List.) Once your days (and all required substantiation) have been accumulated, you can apply to be placed on the Third Area Qualifications List, which is administered by DGA Contract Administration (DGACA). DGACA will inform you if everything is in order, and a copy of that letter along with your application package will be passed on to the DGA. The Guild then has 30 days in which to agree or object to your application. If they have no objection, you’re placed on the Qualifications List, and it’s then up to you whether to join the DGA (or not). If you work under this provision while on a DGA project, you have to join while working on the production. If you’re submitting days from all nonunion work, you can then choose to join “on placement.”
Third Area is considered anywhere outside of the Southern California area, which expands from San Luis Obispo to the U.S.-Mexican border and the New York tri-borough area. For a second assistant director, first assistant director, unit production manager or associate director/technical coordinator, 75 percent of the 120 required days must be spent with the actual shooting company and no more than 25 percent may be spent in prep or office work. For Directors, 78 of the 120 days have to be in directing the actual shooting of film or tape. Likewise, Stage Managers or Associate Directors in the live and tape television industry employed 120 days (or six years in the nationwide feed of television motion pictures) are also eligible to be placed on the Qualifications List.
On the West Coast, to be placed on Southern California Entertainment Qualifications List, you can work on nonunion shows for a total of 400 days as a second assistant director, first assistant director, UPM, technical coordinator or associate director/technical coordinator. (Under certain circumstances, you can also work on a DGA-covered show where an exception has been made to the Qualifications List rule, for a project such as a low-budget basic cable show or low-budget feature film.) The Southern California Entertainment Qualifications List is also administered by the DGACA. For ADs and UPMs, no more than 25 percent of those days may be spent in prep and 75 percent must be spent with the actual shooting company. For directors, at least 260 days need to be in directing the actual shooting of film or tape. Stage managers or associate directors in the live and tape television industry must be employed 400 days or six years in the nationwide feed of television motion pictures.
The New York-based DGA Commercials Contract Administration administers the Commercials Qualifications List, which covers the New York and Southern California Areas as well as the Third Area. Check out their website (www.dga-cql.org) for specific requirements for placement on the Commercials Qualifications List as a second assistant director. Any individual who has been placed as a commercial second AD is eligible for interchange to the New York Basic List in the same category. In order to be eligible to interchange to the Southern California Entertainment Qualifications List as a second AD, you would need to upgrade to a Commercial first AD. This requires documentation of having worked at least 150 freelance days as a second AD, with no fewer than 75 days of work on commercial productions.
If you’re working as an AD or UPM on a nonunion film that becomes a signatory during the course of the production or you’re hired early on, before a new production entity signs a DGA contract, you may work on the show as an incumbent. As an incumbent, you’ll be required to join the DGA, but once you’ve completed your assignment on that show, you’ll still have to finish fulfilling your days, which means that your work options may be somewhat limited. You can collect days on certain shows that are considered “exceptions” (specific low-budget basic cable and low-budget feature films). It’s also possible to be hired as an incumbent on a DGA project, if the company signing a new DGA agreement is eligible for incumbents. Also remember that you have to be a second second AD or additional second AD and a local hire in the Third Area where work is being performed to be eligible for that provision.
Information about getting placed on an Entertainment Qualifications List can be found at www.dgaca.org (Southern California and Third Area) or www.dgaca-east.org (New York).
DGA members are also subject to a residency requirement, under which they’re required to declare affiliation to a specific production center (Los Angeles, New York, Chicago, Florida, etc.). Although the production center need not be the city in which they live, it’s generally where most of their work is generated from. If a DGA member were to live in Omaha, Nebraska, for example, and he were to claim Los Angeles as his production center, he could work in Los Angeles as a local (meaning that the production company would be under no obligation to pay air fare, hotel or per diem for this person), and he could work in Omaha as a local as well. A DGA member can switch production centers once a year.
Creative Rights
In 1964, the DGA formed the Creative Rights Committee, a special negotiating committee to obtain acknowledgment for the rights of directors. These rights are encapsulated in the DGA Creative Rights Handbook, used not only by directors to keep apprised of their rights but also by the companies that employ them. During the 1996 negotiations, the committee also created the Code of Preferred Practices. The Code is a set of guidelines that the studios and networks have agreed is the way the directing process should work. In 1999, the Creative Rights Agreement was revised, and the issues contained within continue to be addressed. While adhering to these guidelines is voluntary, they express the sense of the Committee as to preferred industry practices. Contact the DGA for a copy of the Creative Rights Handbook.
When it comes to DGA membership, programs and/or policies, call them directly or visit their website (you’ll find that information at the end of the chapter).
Writers Guild of America (WGA)
The WGA represents feature film and television writers as well as those who write for reality and game shows, animation, independent films, nonfiction projects, new media and video games. Headquartered on both coasts (WGA, West and WGA, East), the contracts they offer include their standard TV and theatrical contracts as well as an Informational Program Contract (for nonbroadcast films and videos) and a Low-Budget Agreement (for screenplay sales of films budgeted at $1.2 million and less). The WGA also covers writing for new media projects.
A new media program is considered a “derivative” when it’s based on TV show or movie and is produced by a signatory company for the Internet, a mobile device or any other platform thought of as new media by the industry. Under the 2008 Theatrical and Television Basic Agreement (2008 MBA), the WGA negotiated minimum compensation and other terms for Derivative New Media programs. An original new media program (one that is not “derivative” of an existing television program) is covered by the 2008 MBA if the signatory company employs or purchases literary material from a professional writer, or if the actual cost of the production exceeds any one of the following limits, even if the writer is not a professional writer: $15,000 per minute of program material as exhibited; or $300,000 per single production as exhibited; or $500,000 per series of programs produced for a single order.
If you go to wga.org, you’ll find an enormous amount of information, forms, contracts and guidelines. Included is a list of signatory literary agents and agencies, very useful, as WGA members must be represented by an agent/agency that has entered into an agreement with the Guild covering minimum terms and conditions between the agents and their writer clients. Also on the website is a Writer’s Collaboration Agreement (to be used by writers working together on a project); helpful checklists and a variety of other resources for both writers and signatory producers.
The process of determining screen credits starts at the completion of principal photography, when a production company is required to submit completed copies of a form called Notice of Tentative Writing Credits, along with a copy of the completed screenplay, to the Guild and to each participating writer. The company must list the names of all participating writers and propose the writing credit the company, in good faith, believes to be an accurate credit. If the writer agrees with the credits proposed by the company, the writer does nothing, signifying his/her acceptance. If, however, after reading the final script, the writer wishes to discuss the credits with the other participating writers involved before deciding whether to protest the tentative credits, the writer may call the guild, and the guild will make reasonable efforts to arrange for such a discussion. If, however, after reading the final script, a writer wishes to protest the tentative writing credits, he or she would send a written protest to both the company and the guild within a specified amount of time. If no protest is received during the allotted time, the credits, as proposed by the company, become the final writing credit on the project. Should there be a dispute, credits are determined by arbitration. You’ll find much more detail on the determination of credits and the arbitration system by going to the WGA website.
The International Affiliation of Writers Guilds includes the Australian Writers Guild (AWG), Writers Guild of Canada (WGC) (English-speaking), Société des Auteurs de Radio, Télévision et Cinéma (SARTEC) (Canada, French-speaking), Irish Playwrights & Screenwriters Guild (IPSG), New Zealand Writers Guild (NZWG), Writers Guild of Great Britain (WGGB), Writers Guild of America, East (WGAE) in New York and Writers Guild of America, West (WGAW) in Los Angeles. Associate members are France’s Union Guilde des Scénaristes (UGS), and Mexico’s Sindicato de Trabajadores de la Produccion Cinematografica (STPC).
The Producers Guild of America (PGA)
Not a part of the collective bargaining unit, the Producers Guild of America (PGA) is categorized as a trade organization rather than a labor union. With offices in Los Angeles, New York and Philadelphia, the PGA came about as a result of two pivotal mergers: the 1962 union of the Screen Producers Guild and the Television Producers Guild and the 2001 joining of the PGA and the American Association of Producers (AAP), which represented a group of associate producers in videotape television. This subsequent merger created an organization that represents the interests of the entire producing team, which was defined as all those whose interdependency and support of each other are necessary for the creation of motion pictures and television programs. In 2002, however, the Producers Guild expanded their definition of a producing team as well as its membership base by creating the New Media Council, which covers producers of web-based projects, games, CD-ROMS and a variety of other digital and new media.
The PGA provides its members with job listings and continued training opportunities. They promote environmentally responsible practices in filmmaking, and as part of their Producers Code of Credits, pursue an aggressive and public legal strategy against productions that continue to utilize deceptive screen credits.
As their mission statement declares, “the PGA represents, protects and promotes the interests of all members of the producing team.” And those members include executive producers, producers, co-executive producers, supervising producers, senior producers, line producers, co-producers, associate producers, segment producers, production managers and supervisors, visual effects producers, supervisors and coordinators, post production supervisors and managers and production and post production coordinators.
The requirements for union and guild (and trade organization) membership differ with each entity, because each has its own set of variables, depending upon the classification you’re seeking.
THE ALLIANCE OF MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)
The Alliance of Motion Picture and Television Producers is an integral part our industry’s unions and guilds; Alan Wu, counsel for the AMPTP, describes this organization as follows:
The Alliance of Motion Picture and Television Producers (AMPTP) is a management organization representing motion picture and television producers, broadcast networks and cable networks in collective bargaining negotiations with virtually all of the guilds and unions in the entertainment industry. Among them are the Directors Guild of America, the Screen Actors Guild, the Writers Guild of America, the American Federation of Television and Radio Artists, the American Federation of Musicians, the International Alliance of Theatrical Stage Employees, and the Basic Crafts (which include the International Brotherhood of Electrical Workers Local 40, Plumbers Local 78, Teamsters Local 399, Laborers Local 724, and Plasterers Local 755). The AMPTP negotiates 80 industry-wide collective bargaining agreements on behalf of over 350 companies.
The AMPTP also provides services in connection with the implementation and interpretation of the various contracts entered into between the AMPTP and the guilds and unions in the entertainment industry. They take part in industry-wide grievances and arbitrations as well. The AMPTP isn’t involved in the daily operations of its member companies with respect to the employment of personnel under the various collective bargaining agreements; those functions lie with the signatory producers who are the employers under those agreements.
CONTRACT SERVICES ADMINISTRATION TRUST FUND
Contract Services Administration Trust Fund is the entity that specifically maintains the Industry Experience Roster and coordinates qualifications committees, develops and administers safety, training and apprenticeship programs, administers controlled substance abuse testing, collects and maintains I-9 files, schedules expedited arbitrations, handles step two conciliation committee grievance hearings and handles material breach claims.
SAG, DGA AND WGA: FORMS AND REPORTS
The three most common guilds that productions become signatory to are the Screen Actors Guild, the Directors Guild and the Writers Guild, and each has its own very distinct set of forms, reports and guidelines. As a signatory to SAG, DGA and/or WGA, you’ll have access to the appropriate agreements outlining the regulations and pay scales as they relate to your individual production. The DGA and WGA offer copies of all of their agreements/contracts and forms on their websites. SAG offers a digest of its contracts, with complete contracts and forms available to signatory companies.
The following is a list of the most often used guild contracts and report forms. Not on this list are pension, health and welfare or gross earning report forms. The reporting of such are functions of either your production accountant or the payroll company handling your show and are not generally prepared by production personnel.
• SAG Daily Contract for Television Motion Pictures or Videotapes
• SAG Minimum Three-Day Contract for Television Motion Pictures or Videotapes
• SAG Minimum Freelance Weekly Contract for Television Motion Pictures or Videotapes
• SAG Daily Stunt Performer Contract for Television Motion Pictures or Videotapes
• SAG Stunt Performer’s Minimum Freelance Three-Day Contract for Television Motion Pictures
• SAG Stunt Performer Minimum Freelance Weekly Contract for Television Motion Pictures or Videotapes
• SAG Daily Contract for Theatrical Motion Pictures
• SAG Minimum Free Lance Contract for Theatrical Motion Pictures
• SAG Stunt Performer’s Daily Contract for Theatrical Motion Pictures
• SAG Stunt Performer’s Minimum Freelance Weekly Contract for Theatrical Motion Pictures
• SAG Performer Contract for Interactive Programs
• SAG Taft/Hartley Report
• SAG Taft/Hartley Report-Background Actor
• SAG Theatrical & Television Sign-In Sheet
• SAG Actors Production Time Report (Exhibit G)-submit copies to SAG once a week
• SAG Casting Data Report-to be submitted within 10 business days of wrap
• SAG Casting Data Report for Stunt Performers and Coordinators Only
• SAG Casting Data Report-Low-Budget, Affirmative Action
• SAG Final Cast List Information Sheet
• SAG Member Report ADR Theatrical/Television
• DGA Project Information form
• DGA Deal Memos
• Weekly Work List
• Quarterly Employment Data Report
• DGA Commercial Project Listing Form
• DGA Commercial Director Notice of Employment
• WGA Notice of Tentative Writing Credits-Theatrical
• WGA Notice of Tentative Writing Credits-Television
• WGA Notice of Tentative Writing Credits for New Media
• WGA Weekly Writers Worklist
• WGA Application to Collaborate-Television (to be used when a writer-production executive and a writer who isn’t a production executive collaborate on an episode of an episodic series. It must be completed and submitted prior to the rendition of writing services between both parties.)
• WGA Certificate of Compliance-Television (to be used when a writer-production executive and a writer who isn’t a production executive collaborate on an episode of an episodic series. It must be filed with the Guild on or before the submission of the Notice of Tentative of Writing Credits for each episode but after the completion of writing services.)
UNION AND GUILD CONTACT INFORMATION
The Screen Actors Guild (SAG)
Website: www.sag.org
National Office-Hollywood
5757 Wilshire Blvd.
Los Angeles, CA 90036-3600
(323) 954-1600
National Office-New York
360 Madison Ave., 12th Floor
New York, NY 10017
(212) 944-1030
(See Chapter 12 for more SAG contact information.)
The Directors Guild of America (DGA)
Website: www.dga.org
Los Angeles Headquarters
7920 Sunset Blvd.
Los Angeles, CA 90046
(800) 421-4173 (toll-free); (310) 289-2000
New York Headquarters
110 West 57th Street
New York, NY 10019
(212) 581-0370; (800) 356-3754 (toll-free)
Chicago Headquarters
400 N. Michigan Ave., Suite 307
Chicago, IL 60611
(312) 644-5050; (800) 600-6975 (toll-free)
Writers Guild of America, West (WGAW)
Website: www.wga.org
7000 W. Third Street
Los Angeles, CA 90048
(323) 951-4000; (800) 548-4532 (toll free)
Writers Guild of America, East (WGAE)
Website: www.wgaeast.org
555 W. 57th Street, Suite 1230
New York, NY 90019
(212) 767-7800
The Producers Guild of America (PGA)
Website: www.producersguild.org
8530 Wilshire Blvd., Suite 450
Beverly Hills, CA 90211
(310) 358-9020
PGA East Chapter
100 Avenue of the Americas, 11th Floor
New York, NY 10013
(212) 894-4016
International Alliance of Theatrical Stage Employees (IATSE)
Website: www.iatse-intl.org
General Office
1430 Broadway, 20th Floor
New York, NY 10018
(212) 730-1770
IATSE Los Angeles Office
Website: www.iadistrict2.org
10061 Riverside Dr., Suite 825
Toluca Lake, CA 91602
(818) 762-9995
To locate an IA Local anywhere in the United States or Canada, go to www.iatse-intl.org/directory/search.asp.
TEAMSTERS
Studio Transportation Drivers
Teamsters, Local 399 (L.A.)
4747 Vineland Ave.
North Hollywood, CA 91602
(818) 985-7374
Theatrical Teamsters, Local 817 (New York)
One Hollow Lane, #309
New Hyde, NY 11042-1215
(516) 365-3470
Teamsters, Local 714 (Chicago)
Website: www.teamsters714.org
6815 W. Roosevelt Rd.
Berwyn, IL 60402
(773) 242-3215
American Federation of Television and Radio Artists (AFTRA)
Website: www.aftra.org
New York Local
260 Madison Ave., 7th Floor
New York, NY 10016
(212) 532-0800
Los Angeles Local
5757 Wilshire Blvd., 9th Floor
Los Angeles, CA 90036
(323) 634-8100
Chicago Local
One East Erie, Suite 650
Chicago, IL 60611
(312) 573-8081
For a further list of AFTRA locals, go to www.aftra.com/locals/llocals.htm.
National Association of Broadcast Employees and Technicians-a sector of the Communications
Workers of America (NABET-CWA)
Website: www.nabetcwa.org
Local 16 — New York City 501
Website: www.nabet16.org
80 West End Ave., Rm.
New York, NY 10023
(212) 757-7191
Local 53-Los Angeles Area
Website: www.nabet53.org
1918 W. Burbank Blvd.
Burbank, CA 91506
(818) 846-0490
Local 41-Chicago
Website: www.nabet41.org
203 North Wabash, Suite 2118
Chicago, IL 60601
(312) 372-4111
For a further list of NABET locals, go to www.cwa-union.org/about/nabet-locals/.
Alliance of Motion Picture and Television Producers (AMPTP)
Website: www.amptp.org
15301 Ventura Blvd., Building E
Sherman Oaks, CA 91403
(818) 995-3600
Contract Services Administration Trust Fund (CSATF)
Website: www.csatf.org
2800 Winona Ave.
Burbank, CA 91504
(818) 565-0550
I needed a lot of help to make sure that the information in this chapter was accurate, and I couldn’t have done it without the generous contributions of: Krysten A. Brennan, Vice President Labor Relations, Walt Disney Pictures; Sahar Moridani from the DGA; Elizabeth Moseley from SAG; Sharline Liu from the WGA; Christopher de Haan from AFTRA; Tina Rodriguez from the Directors Guild-Producer Training Plan and Alan Wu from the AMPTP.