Issue link: http://digital.copcomm.com/i/679317
P E R S P E C T I V E | M AY / J U N E 2 0 1 6 11 WHAT UNIONS DO by Scott Roth, Executive Director The two most vital functions unions perform for their members are to negotiate collective bargaining agreements, and then to enforce what they've negotiated. With respect to the first, the Art Directors Guild negotiates perhaps thirty or so collective bargaining agreements, in film, television, commercials and broadcasting. For some of these contracts, the IATSE is the bargaining agent, and for others, the ADG is the agent. For example, the IATSE Basic Agreement will be renegotiated in 2018; it clearly is the IA's agreement, and the IA is the bargaining agent. Even when the ADG bargains for its own Local issues, the IA will be in the room and, for official purposes, it remains the bargaining agent. The ADG also negotiates many other agreements, chiefly in the broadcast area, for both Art Directors and Scenic Artists, and in all of them, Local 800 is the sole bargaining agent. Once the Byzantine and often incomprehensible (to others, and sometimes even to ourselves) process of bargaining is concluded, then comes the fun part: enforcing what's been agreed to. The newly negotiated agreements contain rates of pay (increased, we hope) and describe countless working conditions. If the employer doesn't pay a member appropriately or follow through on a promised term of employment, the Guild will follow up and enforce that pay or term. We do this by speaking with representatives from the offending company, and if we can resolve the matter through conversation and obtain the relief specified in the contract, all the better. But if not, the ADG will grieve and, if necessary, arbitrate the matter. This office is not shy about invoking the grievance and arbitration process. Two areas stand out for enforcement purposes: assuring that our artists are paid at least the minimum-scale wages, and that the industry experience roster rules are followed. Making sure the right amounts are paid —at least the minimum scale as set forth in the contract books—is clearly the Guild's job, and in concept is easy to understand. Sometimes, though, what seems obvious is not so obvious to employers, who sometimes "forget" to pay scale. This happens, for example, when members take on "speculative work," which is work for little or even no money, in the hope that providing it will lead to a real, paying job. But this practice enables the employer to flout the most basic benefit a union negotiates for its members: floors or minimum-salary scales for the work. So, to be clear, spec work is not merely below scale work, it is no scale work. Accepting this work lowers the bar, not just for the member doing the accepting, but for all of our members. The ADG will certainly do all it can to deter the employer from offering you spec work, but you must help by not accepting it. With respect to fidelity to industry experience rosters, our members have worked long and hard to be placed on those rosters. Once placed, they are entitled to preference of employment over others not on the roster. Unless an employer can demonstrate some serious and valid reason, it may not bypass the rostered members in favor of a non-rostered individual. The ADG spends a lot of time enforcing the rules to make sure, in the first instance, that hiring is done according to roster rules; if it is not, we will grieve and seek damages from the employer for the violation of those rules.