The great Russian novelist, Leo Tolstoy, claimed that ‘All happy families resemble each other, but each unhappy family is unhappy in its own way.’ Through countless tales, Tolstoy’s aristocrats fought their passionate generational battles between father and son and committed tragic acts of betrayal among family and friends. A century later, another unhappy family, b.c.’s family of performers, would enact a real-life drama over the course of a decade that was just as complex as the players involved. Riddled through the tale and the search for family harmony were elements of Russian novels, Shakespearian tragedy and Greek hubris – fear, hate, power, money and greed. It could have taught the author of War and Peace a thing or two about warfare. And ultimately about happy endings.
The spark that ignites most revolutions is usually deceptively tiny and seems almost insignificant when it is struck. For performers who were members of the b.c. Branch of actra, it began when, for the first time, actors saw the promise of a viable film and television industry spring up in b.c. Up until the mid-’80s, b.c.’s share of film and tv was limited to occasional low-budget features and a few series such as cbc’s Beachcombers and Danger Bay. Performers lucky enough to lasso an on-going role in these series made a modest living; most West Coast actors however kept their ‘day jobs’ and fed their muses with appearances in Vancouver Playhouse, Theatre Under the Stars or cbc radio drama. b.c. was not a place to raise a family on a performer’s income.
The picture began to shift dramatically when Paramount Studios and independent producer Stephen J. Cannell crossed the border and set up operations in b.c. For the first time, b.c. actors began to file income tax returns that didn’t elicit looks of pity from their accountants. Money began to flow into actra’s coffers and was duly sent back East to the National Office.
The Time of Troubles (as many performers who were deeply involved call them) began in January 1987 with a simple request for accountability. Concerned with a looming deficit of almost $500,000, depleted reserves and the cost of operating actra nationally, members of the b.c. Branch requested that an independent consultant be hired to examine the organization’s financial problems. Then General Secretary of actra Garry Neil responded by asking for a one-year indulgence so that he could undertake his own review. Nothing was done until October 1988 when accountancy firm Price-Waterhouse was hired to do an extensive review.
‘The problems began because of accountability because we just wanted some information on how our money was being spent,’ says John Juliani, then a performer member and currently president of ubcp’s Board. ‘In the early days there was no talk of autonomy. Things only escalated when the portcullis came down from Toronto.’
Tensions increased in November, 1988 when Paramount and Cannell were asked to sign a Letter of Adherence to the newly negotiated ipa (Independent Production Agreement) – both producers refused and demanded the right to bargain provincially. The two film companies were well aware that under b.c. labour law, the ipa was not considered a collective agreement since actra b.c. was not a union and that binding agreements must be negotiated within the province by certified unions. Since the continuing presence of the two American film companies was a testing ground for b.c.’s fledgling ‘north-south’ film industry, b.c. actra members were anxious to find a way to accommodate the Americans while still preserving the ipa.
In most families, there comes a time when the child sees itself as mature enough to handle problems itself and the parent disagrees. For years, b.c. actra members had chaffed under a broader dilemma that affects relationships in many Canadian institutions – a perceived lack of understanding and sympathy from the East for b.c.’s idiosyncratic problems. For performers in b.c., coping with a ‘deaf ear’ back in Toronto was nothing new. As Norman Browning, a former vp of ubcp says, ‘Many in the acting community felt most of the reasons for our problems could be found in The Center. You know the line from Yeats: Turning and turning in the widening gyre, the falcon cannot hear the falconer, things fall apart; the center cannot hold; mere anarchy is loosed upon the world.’
In this situation where b.c. performers saw the need for flexibility and the right to negotiate within the province, actra National only saw a looming threat to the integrity of a sacred national agreement. b.c. was criticized and isolated and asked to strike to the last b.c. performer to preserve the ipa. While b.c. representatives to the National Board of actra continued to press for changes based on the publication of the Price-Waterhouse report and for constitutional changes to aid smoother negotiations with producers, actra members across the rest of the country were focused on retaining control so that ‘another Cannell could never happen.’ An agreement with Cannell (the b.c. Production Agreement) was eventually reached and ratified.
By the end of 1989, another threat loomed – a concern by all film unions in b.c. that there would be a downturn in the provincial film industry. All the film making unions felt a coordinated effort was needed to avert this and the answer lay in a unified drive to promote the province. As a result, the b.c. and Yukon Council of Film Unions was formed by iatse, the dgc, the Teamsters and actra b.c. to represent the province as a group at Location Expo, the Los Angeles-based trade fair. The response to this unified ‘union approach’ in b.c. was heady.
Back in Toronto, however, the b.c. Production Agreement continued to be seen as a threat to national unity and an actra National vote in April 1990 demanded the end of the Agreement, that the branch rep, Allan Krasnick and president Dale Wilson be dismissed and that the branch be put into trusteeship. Coals continued to be heaped on the fire: in order to explain their actions to members across the country, b.c. performers prepared an article for actra’s newsletter, ACTRAScope. actra National refused to publish the article and further challenged b.c.’s right to retain funds from the b.c. Production Agreement or to adopt a constitution. Petitions were circulated among b.c. members calling for changes to actra’s constitution to permit the Branch to become a union within actra.
While b.c. continued to argue its right for a say in local agreements and to request a greatly decentralized actra, the National was focused on the question of who controlled funds accumulated under the b.c. Production Agreement. When the bank holding the funds froze the bank accounts, Ray Stringer of the National office fired Allan Krasnick, the branch office director at the time, seized the b.c. office and changed locks.
A series of meetings arranged through the b.c. Federation of Labour and the clc were set up to try to resolve the situation in early October 1990; by late October, the talks had reached a total impasse. At the same time, b.c. Branch Council staff representatives who had been without a contract for a year voted to strike. On November 5, 1990, in order to achieve union status and protection for the membership, actra b.c. Performers voted to dissolve and to create instead the Union of b.c. Performers.
Alex Taylor, currently ubcp director of collective bargaining, was involved from the very beginning. ‘I think with hindsight, I’m sure the national organization looks back on their response to what was originally a very benign situation back then with some regret. I think if it had been handled differently, had it been handled with a little more diplomacy, with a little more deftness, the whole situation might have been easily avoided.’ Most people involved in the beginning years agree that separation from actra was never the original issue.
In our family analogy, this would be the day the child packs his bags, slams the door and heads off to lead an independent life showing the parents that he truly is mature. End of story. Ring down the curtain. With actors, however, life is sometimes a screenplay and this was the plot point at the end of Act One. The birth of ubcp began a host of complications that would carry the story forward through the Time of Troubles.
Trying to sort out the facts is a little like the ancient parable about six blind men from Indostan who were curious about a beast they heard was called an elephant – all depended on who you talk to. In the story, each man explored a different part of the elephant – its tail, trunk, side, ear, leg, tail-and each man proclaimed that he had ‘the truth’ about what an elephant was. ‘It is like a wall!’ said the man who touched the elephant’s side. The others claimed it was like a spear, a snake, a rope, a fan and a tree. Each man had his own version of the truth.
Crisis followed crisis in the ensuing years. actra Fraternal refused to deal with the ubcp which forced the Union to set up health and retirement plans of its own. actra set up a new office (actra b.c. Performers Guild) and applied for union status so they could compete with ubcp for productions. Having two union bodies forced b.c. performers to hold dual memberships because of jurisdiction competition. Stan Lanyon, who was later to become vice-chair of the Labour Relations Board, was called in to try to resolve the impossible situation in December 1990.
‘At the heart of the dispute was an issue of philosophy and personalities,’ says Lanyon. ‘It wasn’t a matter of right and wrong. There were fundamental differences in b.c. that made the continuing influence of actra difficult.’
After more than a year of discussions pushed by performers forced to pay two sets of dues, talks led to a meeting on Galiano Island between the council of the actra b.c. Performers Guild and the executive board of ubcp. With the ratifying of the Galiano Accord in February 1992, ubcp and actra b.c. agreed to merge under the name ubcp and on March 16, 1992 a new set of officers were elected. The final step was to be a meeting in Calgary to determine the b.c. relationship with actra National.
The new vice-president, Norman Browning, was at the meeting in Calgary: ‘We had overwhelming endorsement from our membership and I went to Calgary expecting to hammer out a deal with the national. I believed reason would prevail but soon realized that the actra team had cards up their sleeves.’ The apg insisted that ratification of the merged Union required a mail ballot referendum but no agreement could be reached on the language or under whose authority it would be held. Outstanding financial issues further clouded the picture. The Accord broke down.
In the summer of 1992 a newly appointed actra b.c. Council continued to do business out of new offices on West 7th Avenue with its jurisdiction largely limited to commercials and low-budget Canadian features. ubcp handled most film and television work coming from outside the country. For producers considering b.c. as a location, the competition between the unions for jurisdiction and competing Applications for Certification gave off bad vibes and everyone, including the other film unions, continued to press for renewed talks on merger.
In February of 1993, Richard Longpre of the b.c. Labour Relations Board was asked to mediate and to try to again seek a merger of the unions. On February 11, an agreement to merge the two bodies by March, 1994 was signed with the overwhelming ratification of all b.c. members. Both unions agreed to cease hostile actions, consult with one another and to divide up jurisdictions as well as engage in a one-year process of talks to solve outstanding political issues. The conflict was declared resolved and peace finally seemed to be just around the corner.
The honeymoon was brief. Joint council sessions consistently broke down over constitutional issues, where offices would locate and over ubcp’s trust funds. Accusations flew back and forth culminating in a lawsuit against the Union and board officers October 8, 1993. By the end of the year with a lawsuit pending and negotiations with actra deteriorating, the ubcp board withdrew from the February Merger Agreement and ceased negotiations with actra.
By early 1994, the battleground in b.c. had taken on many aspects of the American Civil
War – the fight had continued too long, pitting brother performer against brother. With Longpre as mediator, talks aimed at affiliation limped on for six months until an explosive meeting of performers June 16 ended in a screaming match. In July, Brian Foley, mediator for the b.c. Labor Relations Board, recommended a vote be taken by all b.c. performers to decide which union should represent them. ubcp agreed to the vote; actra b.c. refused.
In 1995, the dgc, iatse 669 and 981, the Teamsters and ubcp applied to become a council of film unions in British Columbia. According to Lanyon, ‘That spelled the end of it for actra in British Columbia and influenced the organizations willingness to get (the long drawn out issue) settled.’
On July 27, 1995, Stephen Kelleher, a highly respected b.c. mediator, was asked to meet with representatives of apg, actra b.c. and ubcp to valiantly try one more time to end the warfare and enormous expenditure of money by uniting the two trade unions representing the acting profession in b.c. After six months with representation from both sides, Kelleher presented his report and recommendations January 26, 1996. ‘In light of the history of these parties’ relationship,’ he wrote, ‘the present process is the only possible way to achieve consensus.’
In essence, that process recommended a solitary trade union for actors in b.c. by merging both offices under one name: the Union of b.c. Performers. Among the recommendations in the report ubcp would become a local union of apg, the organization would terminate its 1994 affiliation agreement with Teamsters Canada and agree not to enter into any new merger or affiliation with a third party. Members would be given a one-time decision whether their contributions were to be directed to either actra Fraternal Benefit Society or to ubcp Members Benefit Funds. A new slate of officers would be elected, staff members from actra b.c. and ubcp would be merged by dovetailing seniority lists.
‘There was a concern at that time about how we were going to put these two staffs together that had worked for many years toward different objectives,’ says Alex Taylor, director of collective bargaining at ubcp. ‘I’d say that was the smoothest part of the transition. The staff all recognized their professional obligations and came together as a team virtually from the start.’
The most important matter that was settled finally was ubcp’s guarantee of bargaining autonomy separate from the ipa; the union however would fully participate in national bargaining and the formulation of national strategies. By retaining the right to bargain collectively in b.c., ubcp would be joining the other film industry unions in the province – iatse 891, iatse 669, the Teamsters, dgc and acfc – who had already won that right.
After so many attempts at the peace, why did the Kelleher Agreement finally bring an end to the war? Perhaps the stars were in the right configuration. Perhaps it was because it was the Year of the Boar, a time of universal harmony. Or maybe simply because everyone was so exhausted by the lengthy battle they were finally ready to compromise.
‘Everyone had just had enough,’ says Taylor. ‘Both sides had a lot to lose if the Kelleher Agreement didn’t work and the threat of labor unrest was like the Sword of Damocles over everyone’s heads. Everyone just wanted to get on with the business of working.’
With ‘peace in our times’, real strides in improving conditions for actors in b.c. began. Norman Browning feels ubcp has accomplished ‘truly extraordinary things’ since 1996 in a number of areas – its Members Benefits Trust, being one – ‘and that we can now write our own collective agreements that are an example to actors across Canada and most parts of the world.’
One of the most important accomplishments (after eighteen months of negotiating), was the b.c. Master Agreement which came into effect March 1, 1998 with a 95% ratification vote bringing almost immediate dividends in its wake. With clouds of uncertainty blown away, pilots and new television series mushroomed providing a visible jump in opportunities for local performers.
Like all ubcp members, Taylor sees the achievement of the Master Agreement as a huge milestone: ‘We’re very proud that we were the first performers union outside of the US to negotiate a collective agreement directly with the Hollywood studios and that we were able to set such a high standard in the process.’ With the renewed 1999-2002 Master Agreement, ubcp joins the other film unions in b.c. – IA891, IA669, Teamsters, acfc and dgc – with agreements solidly in place for the next two years.
The latest exciting news for performers is the launch August 1 this year of UBCP Talent on Line and The Link, a computerized program that links a database of the entire ubcp membership to the largest casting service in the world. It promises to level the playing field for casting among US and Canadian actors. Until now, casting breakdowns would be released to agents in Los Angeles first – often Canadian agents would only be able to submit their clients sometime later, often after much of the casting process had been completed.
‘The problem is that many of the roles they’re submitting for have already been cast in Los Angeles before they come up here,’ says Juliani. ‘Our actors in all categories are not getting the chance to be seen at the same time as the American actors.’
According to Kate Robbins, a ubcp director, ‘This new initiative will even the playing field and make a huge difference. Everything will be computerized and we’ll have the same templates as the US. This will mean more opportunities for people here.’
For the more than 3,000 performers who now belong to ubcp, ‘getting on with business,’ means more attention can be paid to training as well. The organization holds classes four days a week, including low-cost ‘dialect massage class’ where performers can hone a variety of dialects, especially American, to improve chances of being cast as a guy from New York. Comprehensive lists of background performers are also regularly sent out to casting directors and these are heavily used. ubcp holds regular ‘meet and greet’ sessions for casting people in order to introduce performers involved in background work.
Despite all the Sturm und Drang, lost friendships and years of anguish, people like Juliani see ‘the time of troubles’ as all being worthwhile in the end. ‘Even actra will grudgingly admit that ubcp’s (fight for) autonomy in terms of collective bargaining has wrought changes in the national organization. Everyone admits that this was a good and positive step – some things, however, like our philosophical differences and idiosyncratic labour laws still remain an issue. For the future? Well, you can colour us cautiously optimistic.’
With this, and a little tweaking of a line from the film The Go-Between, you could chisel this motto for British Columbia into stone: ‘The West is a foreign country. They do things differently there’.