Vancouver: American studios and networks are working grievance management fees into their production budgets for Vancouver in the wake of increased complaints from B.C. unions, says a U.S. studio representative.

Don Cott, local VP for the U.S.-based Alliance of Motion Picture and Television Producers, says there are about 46 outstanding grievances in B.C., some of them years old. By his estimates, Teamster’s Local 155 is responsible for up to 80%.

‘With the other factors affecting production like the runaway production lobby, international markets and the rising dollar, it’s hard to gauge how much business is lost because of the grievance issue,’ says Cott. ‘However, grievances cost money.’

For instance, a grievance between IATSE Local 891 and Teamsters Local 155 about which union might drive the golf carts used on a film set cost the parties, including the U.S. producer, more than $100,000 in arbitration and legal fees. Another issue, about whether producers can ask anyone other than a Teamsters driver to transport a director, producer or actor, has been appealed twice in its four-year history by the union and is still outstanding since a mediated arbitration resolved the issue in favor of the producers.

‘[The union grievance issue] is an aggravation that makes a difference to a bottom-line-driven studio,’ says Cott.

The volume of outstanding grievances is the inspiration for a new Industrial Inquiry Commission launched in November by the provincial government to investigate whether B.C.’s film and television sector is in jeopardy.

B.C. Supreme Court Justice David Tysoe, who is meeting with industry players, will evaluate B.C.’s film and television industry in terms related to the administration of B.C.’s collective agreements, competitiveness and the effectiveness of the B.C. Council of Film Unions, among other aspects of the film and television sector. His recommendations are due Feb. 27.

‘This sector is almost a $1-billion industry in our economy and about 50,000 British Columbians rely on it for their livelihood,’ says Graham Bruce, provincial labor minster, who approved the study. ‘It’s incumbent upon us to ensure the industry remains an economic driver in the province and creates a labor relations climate that attracts work to B.C.’

When there is a dispute on set, the union member first tries to resolve the issue with the producer. If the dispute persists, the union might file a formal grievance. If there is no formal resolution, the grievance might be referred to mediated arbitration. After that, on appeal, the grievance might work its way up the courts.

Tom Adair, executive director of the B.C. Council of Film Unions, says the backlog of grievances is overstated – that many of the grievances are related or deal with the same issue and only about 15 grievances are actually ‘live.’ He confirms that the majority of grievances come from the Teamsters, whose representatives did not return calls from Playback.

Still, Adair says if there is a perceived problem with grievances, there is a real problem to deal with.

‘It’s a disincentive to business,’ he admits. ‘It becomes a cost item that could affect a show coming or not. A producer wants to spend 100% of his time making movies, not 10% of his time dealing with a grievance, even if he might have created the grievance.’

The backlog relates to problems in scheduling – like coordinating the U.S. and Canadian parties involved in testifying in a grievance, says Adair. Also, agreeing on the ‘content’ of a grievance contributes to the lag, along with internal union politics.

‘It’s my personal opinion that [the grievance issue] is not that big a deal,’ says Adair. ‘I hope the [Tysoe Commission] addresses the issues or brings realism to the issue. No one is blameless.’

Under the terms of reference for the Tysoe Commission, the Justice will consider an ‘alternative process for the practical, timely and conclusive resolution of disputes during the terms of Collective Agreements,’ among other issues.