by Cathy Repola, Assistant Executive Director

A grievance is a contract provision created to help resolve disputes between members and employers or the union and employers. Many members may find pursuing a grievance mysterious and confusing. Actually, it is quite straightforward. Though the majority of members will never go through the process, it is important to understand what grievances are and how they are handled.

It may come as a surprise that we resolve nearly 95 percent of all disputes without ever filing a grievance. These claims, which are fairly clear-cut, range from not being properly paid on a holiday worked, or on a sixth or seventh day worked, lack of proper notice of lay-off, partial workweeks being improperly pro-rated, and so on. The remaining five percent of claims are more serious and more factually detailed matters, like discharge cases and subcontracting violations. Among these, nearly half are resolved during the grievance process prior to arbitration.

First, we review all the circumstances that led up to the possible contract violation with the member and weigh those facts against applicable provisions of the contract. Some contract provisions are very clear, but most are written in a way that is complicated or ambiguous and can be interpreted in different ways. Even if it seems clear to us, sometimes practices within the industry may affect how the provisions are applied.

Once it is determined that there is a contract violation, we contact the appropriate company representative informally and attempt to resolve the issue. When we are dealing with studios or companies that are well established, this process can be productive because of the Guild’s long-standing working relationships. If the company is willing to proceed, we will eventually reach a mutually satisfactory resolution. If the company won’t cooperate or we can’t reach an agreement, then we file a grievance.

A letter is sent to the employer signatory company stating the facts of the grievance and the remedy the union is seeking. The company must respond in writing within a specified time frame. If the company fails to do so, or if after a response there isn’t a readily achievable resolution, we can proceed to the next step. Under the Majors and Independent Post-Production Agreements, there is a provision for a Step 2 conciliation meeting available to both parties. We use this provision occasionally for very simple cases, but usually we proceed directly to arbitration.

There are two types of arbitration under the Majors and Independent Agreements. An “Expedited Arbitration” is faster, as the name implies, but limits the amount of money that can be sought and cannot be used in cases involving certain specific contract provisions. We can usually obtain a final decision within two to three months. A “Regular Arbitration” has no monetary limit but will usually take from five months to one year before it is completed.
An arbitration is like a court proceeding but less formal. The arbitrator, who is mutually agreed upon by both parties, acts as judge. He/she hears all of the testimony and then makes a determination. Documents and witnesses can be subpoenaed. Witnesses are subjected to direct and cross-examination by both parties’ attorneys. Most arbitration hearings conclude in one day, but complicated cases may require additional days. In a regular arbitration, a court reporter will take down the testimony and then present transcripts to the parties. The attorneys for both sides then present written briefs to the arbitrator, usually within 30 days. The arbitrator’s decision, which may take several months, is final and binding on all of the parties.

There are time limits for filing a grievance. Under most of our contracts, it has be done within sixty days from the date of the violation or sixty days from the date the union should reasonably have known of the violation. If you feel you have a claim, you must act right away because failure to do so could result in waiving your rights.

Members often ask whether we think they should pursue a claim. Many people are afraid of retaliation, or of never working again. My answer is always the same — I do this type of work because people deserve to be treated properly and to be fairly compensated for their talents. There are many members who have gone through this process and continue to have thriving careers. We must be willing to stand up for our rights in order to preserve the union contracts we have fought so hard to improve.

Sometimes a member has been wronged but the contract hasn’t been violated, or it has been violated but the set of facts weigh against us and there would be little likelihood of prevailing. It never gets any easier to have to tell a member that we can’t help them. Fortunately, there are far more success stories than unsuccessful ones. Last year in a successful arbitration a member was awarded more than $55,000 in wages that the employer had withheld simply because he believed the person did a bad job. In another case, under a contract at a facility that has staff jobs, a member was unjustly discharged. We went to arbitration, and he was re-instated to his position and awarded the eleven weeks of pay he lost from the time he was terminated until the arbitration award required him to be returned to his job. We also had a very important victory against a studio that subcontracted out work in violation of our union agreement.

We have had many successes without filing grievances. One show at a studio had numerous violations — they were failing to pay night premiums, not paying appropriate wages, not properly classifying people, and not paying vacation and holiday pay. Every violation was resolved successfully. Two other shows called their assistant editors “media managers” in order to avoid having them covered under the union agreement. This violation was rectified and back pay was awarded to everyone involved, without filing a grievance.

I recently filed a grievance on one project because they failed to make pension and health contributions on behalf of the editorial crew, and I am working on another grievance where a company is paying editors as independent contactors and not paying appropriate scales or making pension and health contributions.

Enforcing our union agreements and helping to ensure that members are treated fairly and are fully paid is one of the most important jobs of the union. If you feel you might have a grievance, or something doesn’t seem right, don’t hesitate to contact us immediately. The union is stronger when members know the contract and stand up for their rights. When employers violate our agreements without consequences, our collective power is eroded and everyone suffers.