Issue link: http://digital.copcomm.com/i/422151
54 SAG-AFTRA | Fall 2014 | SAGAFTRA.org Y ou're a broadcaster who's just landed a new job. Your employer, a huge media conglomerate, hands you a "standard" contract, in which it is willing to pay you above scale. Do you sign it right away? Contracts are complicated, and even a careful reading might not tell you the whole story. Like other SAG-AFTRA members, the union's broadcasters are protected by collective bargaining agreements negotiated on their behalf. However, many broadcasters are also asked to sign a personal services contract, or PSC, as a condition of employment. It's a contract negotiated individually with an employer, but the document itself doesn't tell the whole story: The complete picture lies in how it interacts with the SAG-AFTRA collective bargaining agreement, or CBA. "As a shop steward for more than 15 years, the first point I always made to members who asked is that any personal services contract can only build on the foundation set by the collective bargaining agreement," said National Board member and chair of the National Broadcast Steering Committee Joe Krebs. "The CBA sets the minimums. Any PSC can only enhance or improve on those provisions. It cannot be used to take anything away that you've already been guaranteed by the CBA. "And, for that reason, I always recommend that anyone considering signing or renewing a personal services contract have the local SAG-AFTRA staff review it. The local staff can not only point out potential conflicts with the CBA, but also point out potential pitfalls that the member might not have considered," Krebs said. Krebs also warns that most PSCs are created to benefit the employer. For instance, the agreement may contain windows in which the company — but not the employee — has the right to terminate the contract. Put another way, the broadcaster may be locked into a two-year contract, but the employer may be able to end it after only one year, and often after only six months. PSCs can also place restrictions on the ability for the member to find a new job in the form of non-compete clauses — but thanks to successful lobbying by the union, in some states those sorts of limitations may not be enforceable. SAG-AFTRA Chief Broadcast Officer Mary Cavallaro echoed those concerns. "While personal services contracts spell out the compensation and other benefits to be paid to an employee, they also contain numerous terms and conditions that place significant limitations on employees. It is critical that broadcasters have their contracts reviewed before they sign them, so that they understand those limitations and, where possible, seek changes from the employer," Cavallaro said. In addition, large media conglomerates often use standard language in their PSCs, and the result can be that some provisions come into conflict with either state law or the collective bargaining agreement. These provisions could become problematic later on if the law changes and you find yourself having agreed to terms you never thought you would have to fulfill. Getting Personal Navigating the Treacherous Waters of the Personal Services Contract "If a personal services contract is not renewed, you are entitled to the SAG-AFTRA severance under the union contract. This can be a substantial amount of money." — Pat O'Donnell, Washington-Mid Atlantic Local Executive Director NPINE/GET T YIMAGES.COM