Contract Tip

You Don't Get What You Deserve,
You Get What You Negotiate

by Patrick Gregston

At the beginning of every job, each of us gets to go through the process of securing our 'deal'. I remember the first time I had to produce a deal memo, and I called Hank Schloss at the Guild for advice. What resulted was a simpler and to the point document, which produced the quickest and easiest negotiation I had ever had with a UPM. I got everything the contract provides for and I didn't get any counter offers to my rate. It turns out that it helps a lot if your employer knows that you know the rules.

In the interest of making sure everyone knows the rules, we are inaugurating a feature in the Newsletter to highlight various areas of the contract . I spoke with Mike Breddan, Field Representative, at his desk at the Guild. He sits under a number of signs and cartoons, of which the most relevant to this discussion reads, "You don't get what you deserve, you get what you negotiate."

Mike told me, "The union is a resource. We are paid to serve our brothers and sisters." An editor for 24 years, Mike added "Nobody's being treated any different. There isn't anything happening to you that hasn't been done to me."

With over two hundred pages in the combined "Schedule of Wages and Conditions", one for "majors" and one for "independents", there is a lot of contract to know.

On the top of Mike's list for members to know: "Have us look over your deal - call us before you sign anything." In Mike's experience, people often express a reluctance to share information about their "deals". He points out, "People should know that all conversations with the Guild are confidential."

Among other key tips - "You may not work for less than scale, and you can't give up rights you have won in the collective bargaining agreement. But you can certainly negotiate for more." He points out that the contract reads overtime will be "based on scale." You should always ask for overtime based on your guarantee.

Contract knowledge is also useful in understanding the interpretation of the rules. A recent query at the Guild's December Board meeting was about how a person could work a Sunday, the following Monday through Friday, and have the following Saturday be paid as a sixth day. While the editor worked seven days in a row, he did not get the pay for a seventh day.

The contract states that an employee can work any five out of seven days. The key to interpreting your situation is to establish when your shift is. Your shift begins on the day you start the job. If Monday is your first day, then Friday is the fifth. In the case of the editor's question above, they did not work the Saturday before the first Sunday. So the Sunday worked counts as the sixth day of a first week. When the editor arrived at work the next Monday morning, it began a new week, and a new first day. The following Saturday was thus the sixth day in the second week.

Unfortunately, most timesheets read Sunday through Saturday. This can contribute to confusion among members and payroll employees. Any five days out of seven is not a function of the timesheet. The shift can be changed once per production, and only if you have two days off in between.

If you have an idea, or a question regarding the contract or negotiating a deal, that you would like addressed in a future issue of the Newsletter, please call (310) 450-1226, e-mail or write c/o the Guild office: 7715 Sunset Blvd., Hollywood, CA 90046.