We are happy to report that
the agreement our National Labor Committee negotiated with the IATSE Local 52 (click here for previous report) was ratified by
the union membership which is the final step to making this deal official. This
allows us to now communicate the terms of this agreement to our membership with
sufficient lead time before its effective date of December 30, 2012.
Once again, we wish to thank those who served on the negotiating team: Sally
Antonacchio, The Artists Company; Gregg Carlesimo, @radical.media; Maddi
Carlton, HSI; Robert Fernandez, Moxie Pictures; Allison Kunzman, SMUGGLER;
Ralph Laucella, O Positive; Brent Perlman, Argyle Brothers; and to our legal
counsel Bob Sacks of Kane Kessler.
With this new agreement, all
of our AICP negotiated agreements now have the same parameters for low-budget
commercials. Additionally, this new agreement allows for more flexibility for
producers. The key points in the new agreement are:
1. Low budget commercials
are defined as those with a daily cost of no more than $75K and an aggregate
cost of no more than $300K – including director and markup but excluding talent
and post. Wages may be individually negotiated with the employees and P&W
is based on the contract scale wage rates. The production company is to notify
Local 52 of the low-budget spot prior to booking crew.
Wage rates are subject to individual negotiation and P&W contributions are
based on contract scale rates.
3. Spec spots:
Wages are subject to individual negotiation and no P&W contributions are
due. However, if the spot is sold to an agency or client or distributed for a
public audience, the employees who performed covered work will be due scale
plus P&W for their work on the spec spot.
is still prohibited under this agreement. Producers may, however, file a
written request directly with the President of Local 52 for a waiver of this
provision. For example, a company may file a request for a waiver if Local 52
does not have members with the requisite skills or equipment available to meet
a client or agency request at the time needed for the job. The request for a
waiver does not translate into the automatic granting of the waiver.
5. The Studio Zone:
As of December 30, 2012, the facilities located in Bethpage Long Island,
currently known as Gold Coast and Grumman, are considered locations “inside the
25 mile zone.”
overtime/work week: Calculation and tracking of daily
overtime premiums and 6th/7th day premium pay is based on the individual crew
member’s call time and work time and is not based on the start times of any
other employees in the department.
7. First Aid
Employees are now represented by Local 52 and covered by
this Agreement. There is no mandatory staffing but if a signatory producer
hires a First Aid Employee for work on a commercial, that employee must be a
Local 52 covered employee and paid under the terms and conditions of this
8. Meal Allowance
town: total of $40 ($8 breakfast; $12 lunch; $20 dinner)
Out of town: total of $57 ($12 breakfast; $15 lunch; $30 dinner)
a. All employees employed within the New York City Zone shall have the
applicable contributions made on their behalf to MPIPHP at rates set by MPIPHP,
plus contributions payable to the MPI Individual Account Plans (IAP). (The
current rate is $10.632 per hour worked or guaranteed, plus 6% of the scale
b. AICP members shall contribute the aggregate sum of $95 per day to the IATSE
National Health and Welfare, Pension and Annuity Funds for employee employed in
or hired in the Philadelphia Zone, increasing to $100 on December 1, 2013, and
to $105 on December 1, 2014.
c. AICP members shall contribute the aggregate sum of $80 per day for employees
hired and employed in areas of the Local 52 jurisdiction other than the New
York City and Philadelphia Zones increasing to $85 on December 1, 2013, and to
$90 on December 1, 2014.
If a company has not
completed the signatory documents (found by clicking here) and sent them to
Jane Nuñez at the AICP (email@example.com) before you hire a
member of Local 52 for your New York or Philadelphia job, you will have to sign
an Independent Single Use agreement with that union to employ its members on
your job. Once you have signed the AICP agreement, you may employ Local 52
members under our agreement for the first job after you become signatory.
10. Wage Rates:
Scale wage rates in the 2006-2011 Agreement are continued through December 28,
2012. Effective for December 29, 2012, the minimum daily call rate is increased
by $5. On December 30, 2012, scale rates are increased by 4% (making up for no
increase last year, while negotiations proceeded) and on December 1, 2013,
scale rates are increased by 2%. A rate sheet may be found by clicking here.
December 1, 2011 through November 30, 2014.
The deadline for signing this new agreement is February 15, 2013. Current AICP
member companies who do not submit these documents prior to the February 15,
2013 deadline, will not be able to work under this AICP negotiated agreement.
Please feel free to contact Jane (firstname.lastname@example.org) if you have any
questions about this new agreement or other labor issues.