General Union Guidelines The following guidelines are the most common rules regarding employers of union talent. Some rules and provisions may be specific to the particular contract under which the performers are employed. You As The Employer Signatory employer... The most important rule the unions have established is that no member may work in an area under the union’s jurisdiction without a signatory employer, that is to say someone who has agreed in writing to the terms and conditions of the appropriate contract. This is to ensure that the unions have some recourse in the event that any of the terms or conditions of the applicable contract have been violated. There is a different contract for each type of work. Each contract has a specific term, usually three years. Each signatory must resign the letters of adherence each time a contract is renegotiated and a new contract is agreed on. For example, there is one contract for TV Commercials and a separate one for radio commercials. To further complicate matters both AFTRA & SAG have jurisdiction over work in certain areas. Who can I hire... The union contracts set guidelines on hiring performers primarily through two provisions. The first is called Preference of Employment. Simply put, Preference of Employment means that an employer who is signed to a union contract must give preference to performers who are. Waivers of this rule must be granted by the union prior to the first employment of the performer. The union will only grant a waiver if there is a viable reason to hire a non-member over a member (an example would be if the call were for a person with a special ability such as a tight rope walker). Violations of the Preference of Employment provision are costly and are taken seriously. Upon your request Trice will check the union status of your performers. The second provision is called Union Security. Union Security- members in good standing of the appropriate union. Paying The Talent Why do you pay what you pay... Performers must receive at least the minimum scale rate specified in the appropriate contract. Talent or their agent may always negotiate above scale. In addition, there is a mandatory corresponding contribution to the applicable health and retirement plan on behalf of the performer. Payment to union performers is due within a certain time which is specified under each contract. Additionally, the checks must go to specific places depending on where the work was done, if there is an agent involved, what union has jurisdiction over the work and other factors. At Trice we will make sure your talent payments get where they are supposed to go when they are supposed to get there. Performers are employees, not independent contractors. All of the union contracts as well as IRS regulations state that performers working in the areas in which AFTRA & SAG have jurisdiction should be treated as employees of that company, and accordingly should be paid with all of the required deductions and withholdings taken into account. Trice handles all payroll liabilities for our clients, including unemployment insurance. ABOUT THE CONTRACTS Each of the contracts described in this book can be obtained through your local AFTRA or SAG office or TRICE can have them sent to you. Each contract has a specific scope, that is what type of work the contract covers, and a term, how long the contract is effective. Most of the contracts have a term of three years. Each time a contract is renegotiated and agreed upon anyone who was signed to the old contract must sign new letters of adherence which will bind them to the new contract. You can check your signatory status with a simple call to Trice. In addition to the main contracts, there are numerous local agreement established by many of the locals and branches covering what is called "made-in played-in" material. This is material that is produced and used only in the local area. Once material leaves that local area, made-in played-in contracts can no longer apply. Trice can advise of the possibility of using one of these local contracts as it would apply to your project.
Each has contracts covering specific types of work which are negotiated and administered through locals (AFTRA) or branches (SAG). By becoming a member of a union, the performer has agreed to work only for those employers who have signed the appropriate union contract or agreement. The union is the sole bargaining agent for the performer and may not waive their rights under a contract. This means that a performer may not agree to terms and conditions less favorable than those in the contract. They may always work for rates that are above the scale rates in the contract. Most of the union contracts have the same general provisions. Outlined here are the most common aspects of the contracts you should keep in mind when hiring union talent. Overtime The contracts provide for overtime and is general a function of the hourly wage. The most common overtime provision provides for time and 1/2 of the hourly wage for the ninth and tenth hour and double time beyond that. The overtime is forced overtime, meaning that a performer must stay on the job until he or she is released by the producer. Meals Each contract has specific provisions for when meal periods must be given. If meal breaks are not given within the specified time, liquidated damages for meal period violations begin to accrue and continue to accrue each half hour the violation continues. Jobs on which meals are not provided, the contract assigns a per diem amount for each meal (breakfast, lunch, and dinner) each performer must receive. Per diem is required only on those meals which are not provided. Travel All expenses incurred by a performer required to travel outside of the local studio zone must be reimbursed by the producer. First class accommodation are specified in most contracts. If the performer is required to travel via their own automobile, mileage and gas are reimbursed at a rate of 30 cents per mile. Holidays Performers who work on a holiday is usually entitled to some sort of additional compensation. The chart following this page indicates the days that each contract deems as holidays. Additional compensation is most often in the form of a double scale payment. Please call TRICE with questions about holiday pay. Premium Days Some contracts provide for additional pay on Saturday and Sunday, others warrant premium pay only if it is the performers sixth or seventh work day. Refer to the Important Provisions section under each contract for premium pay guidelines. Minors The union contracts do not have different rates for minors. Performer rates are the same regardless of age. Union membership is not required on children under age four. The contracts do contain special provisions regarding working conditions for minors, such as rest periods, school time and maximum number of work hours. In addition, the labor laws for the state in which the work takes place must be enforced. In any case, the employer is obligated to comply with the union contract provisions or the state labor laws, which ever has the more strict rule. For more important information on employing minors, refer to the corresponding section in this book.
Non-Waiver of Rights Clause All the union contracts have a Non-Waiver of Rights clause. Essentially, this means that a performer may not agree to work on terms or conditions that are less favorable than those established in the governing contract without the consent of the union. Penalties for Late Payment All of the contracts specify when payment to the performers is due. Each contract has provisions for Liquidated Damages for Late Payment and can range anywhere from $2.00 a day to $10.00 a day. ABOUT THE UNIONS The collective
term "unions" refers to the collective
bargaining agents for performers in audio, video, and
film media. There are essentially three unions governing
work in audio, video and film. The American Federation
of Television and Radio Artists (AFTRA), The Screen Actors Guild
(SAG)
and The American Federation
of Musicians, (AFM). |