Vancouver: Leaders at major British Columbia film and television production unions have until June 1 to consult with members and voluntarily implement a series of recommendations laid out in a report by B.C. Supreme Court Justice David Tysoe or face potential legislation.

IATSE Local 891 and Teamsters Local 155, two of the three unions that make up the powerful British Columbia Council of Film Unions, were criticized by Tysoe for filing too many grievances and for their handling of issues relating to seniority, both of which have undermined the competitiveness of B.C.’s production sector, according to the Industrial Inquiry Commission report published March 4.

The report was commissioned in November 2003 in the wake of increased complaints about B.C. labor groups.

After talking to hundreds of individuals and organizations, in B.C., Los Angeles and Ontario, Tysoe’s one-man commission recommends, among other changes, altering the seniority dispatch system at IATSE 891 and Teamsters 155 in favor of a ‘name request’ system. Currently, both groups have a one-for-one system – an employer can request five drivers by name for a production, but then must hire another five from the seniority list. Seniority placement, suggests Tysoe, is a disincentive to productivity and a barrier to more eager workers. He hopes the new system will reduce the number of grievances by up to 75%.

‘The abolition of the seniority dispatch systems will make B.C. a more attractive location and this should lead to more job opportunities for the members of the unions,’ writes Tysoe.

Other recommendations include:

* Speeding up the grievance process by consolidating the complaints process under the BC Council, which would vet and approve grievances (perhaps through an independent ‘umpire’) before they go to arbitration. Tysoe’s recommendation extends to the BC Council acting as one union, rather than three, to address other issues such as jurisdictional disputes.

* Implementing a ‘three strikes’ rule in which employers can refuse to hire union members who have been fired with cause from three or more productions.

* Drafting a separate master collective agreement between the BC Council, UBCP, the Directors Guild of Canada, CFTPA and the Alliance of Motion Picture and Television Producers for lower-budget productions. This has been an outstanding issue since the BC Council was created in 1995. One attempt to draft a low-budget agreement failed when there was a conflict over profit sharing. Lower-budget productions today negotiate separate agreements.

* Requiring acknowledgement, by all parties, that collective agreements take priority over internal rules and policies.

If the unions don’t conform, Tysoe is recommending that the government step in with legislation.

‘My recommendations are in the best interests of the industry as a whole, and in the best interests of each of the affected unions and guilds, because they will provide more jobs for their members,’ says Tysoe. ‘I am optimistic that the unions and guilds will agree to voluntarily implement my recommendations.’

B.C. Labour Minister Graham Bruce, who commissioned the report, has asked Tysoe to facilitate an agreement, which will require amendments to the BC Council’s constitution, approvals by the Labour Relations Board and changes to the master collective agreement. Graham has said he prefers not to impose changes through legislation.

‘The report captures the state of the industry,’ says Don Cott, VP for the Canadian affiliates at the AMPTP. ‘If we are able to achieve the recommendations, we’d go a long way toward sorting out the issues of the industry.’

Unions oppose report

The unions have been less enthusiastic. Early media reports quoted Teamster members angrily speaking out against the report, claiming they were unfairly singled out.

‘There are concerns in the industry and we’re trying to address them,’ says Tom Milne, secretary treasurer of Local 155. ‘We’re dealing with the report and hopefully we can view that in a positive light for the whole of the industry.’

On March 5, the BC Council noted in a statement that ‘a full review and consultation with our memberships on these recommendations is required before any substantive response to the recommendations will be issued.’

Consultation with the members might include a referendum on the issue of seniority, a contentious issue, especially for those union members who enjoy regular employment because they are on the A-list rosters.