by Cathy Repola, Assistant Executive Director

The Basic Agreement is the principal contract under which most of our West Coast members work. It represents a great deal of work on the part of Guild negotiators over a period of many years and puts in writing all kinds of rights that Guild members enjoy. Yet many members are unaware of key

photo by Stephanie Argy

provisions of the contract, which could be of significant value to them. Some important areas that are commonly misunderstood are night premiums, golden time and turnaround, the 19 and 21-day rules and severance pay.

Night Premiums

Night premiums provide additional compensation for people who are required to work at night. If you work between the hours of 8 p.m. and 1 a.m., you should receive an additional 10% of your rate. If you work between 1 a.m. and 6 a.m., you should receive an additional 20% of your rate. The calculation is based on the rate you would otherwise be receiving at that time: if you are already in overtime, then night premium adds ten or twenty percent to your overtime rate. That's all there is to it -- but be sure to indicate the night premium on your timecard.

Golden Time and Turnaround

All of our members, including editors who work "on-call," are entitled to "golden time" pay after 12 hours of work in a single day. This means that for all hours in excess of 12, employees are entitled to double their standard scale rate. (For on-call editors the scale rate used for golden time is the hourly rate under Schedule C-1.) On a sixth day, when members are already receiving one-and-a-half times their normal rate, golden time is double their sixth day rate, so that their total pay is three times their standard hourly rate. On a seventh day, employees should receive double the double-time already in effect -- four times their standard hourly rate. Overscale employees should note that overtime is based on their overscale rate only if that is specifically negotiated into their deal memo.

You must receive at least an eight-hour break between shifts; if not, additional compensation is due to you. If the break is more than four hours but less than eight, you return to your new shift at the same rate as when you left and you continue at that rate until you receive an eight-hour break. If you were in golden time when you left, you return at golden time. If the break between shifts is less than four hours, you should be paid for the time you were off the clock as if you had continued working without a break, and when you return, the new day is considered a continuation of the previous one.

The Basic Agreement contains more detailed provisions covering breaks, holidays and sixth and seventh days. Please call us for information and assistance if you have questions or if you encounter an out-of-the-ordinary situation.

The 19 and 21-Day Rules

The 19 and 21-day rules, which require days off after a certain number of consecutive days at work, differ depending on an employee's classification. Sound and music editorial personnel are guaranteed two days off after 19 consecutive days of employment. Picture editors and assistants (other than those on location) are guaranteed two days off after 21 consecutive days of work. However, the employee must request the time off; once they do, their request must be granted no later than seven days following the 21 days.

Either of these guarantees can be bought out (or waived), but only if the right to do so is explicitly stated in the employee's deal memo, and if the employee makes at least 25% above scale. If the days off are not bought out and not provided, there is a penalty of one-fourth of one day's pay for each day after the employee is entitled to the time off, until he or she receives it.

Severance Pay

If you are laid off, you may be entitled to severance pay from your employer. (This is not the case if you resign, turn down continued employment or are fired for just cause.) The severance provisions are complicated, but here is an overview: To claim severance pay, you must have at least one "qualified year," which is at least 200 days of employment during the 365-day period prior to your last day on the job. If you worked longer than that, you count how many days you worked during each preceding 365-day period. For every period in which you worked 200 days, you have another qualified year. If you cannot ascertain this yourself, the company will review your pay records. If there is a dispute between your records and the company's, call the Guild and we will intervene.

The following table shows you how much severance will be due to you:

Qualified Years		Weeks of Severance Pay
1-2		1
3-4		2
5-8		3
9		4
10		5
11-12		6
13-14		7
15		8
16		9
17		10
18		11
19		12
20		13

To collect your severance pay, you must wait 90 days, then send a written request to your previous employer. You must collect the pay within 365 days or waive your entitlement.

Knowledge is power. The more you know about the contract, the better we will be at enforcing contract compliance, and the stronger we will be when it comes time to negotiate the additional wages and conditions you deserve. If you have any questions about any contract issues, please call the office and speak to a field representative.