IA4thefuture

Indiana

2012-02-03T11:41:00.000-08:00

Republican/anti-union legislators in Indiana, after enacting a Right-to-Work law, were confronted by responses that such legislation will inevitably result in lower wages and lesser benefits for all employees in that state!

Legislators acknowledged that this is exactly their intent in passing such a law. Their reasoning is that, when Indiana workers get paid LESS than their counterparts in nearby states, Indiana employers will have an advantage in their respective industries.

Sound familiar?????

The race to the bottom accelerates!!!

Jimmy
vfx@iatse-intl.org

The Easy Part

2012-02-03T11:37:00.000-08:00

There is an obscure paragraph in the IATSE-Studio "Basic Agreement" that should give artists encouragement. If workers on the studio payroll sign an authorization card, the studio can either recognize the union immediately, or require an NLRB election. If (or should I say when?)the IATSE wins that election, then, according to the agreement, "Upon such recognition or designation as aforesaid, this Agreement (the Producer-IATSE and MPTAAC Basic Agreement)shall immediately become effective and operative with respect to such employees".

While we fully expect the six major studios to fuss and fume and delay and obstruct these proceedings, the bottom line is that if those of you who are on studio payrolls stand up for yourselves, the end result will be a union contract. With industry health and pension benefits.

And, when studio workers are covered, can those working at the independent facilities be far behind???

Come on guys, let's get moving!!!!

Jimmy
vfx@iatse-intl.org

Side by side

2012-01-26T12:39:00.000-08:00

Recently, I was contacted by an artist. He's currently working in Culver City; and will receive benefits from the IATSE's health and welfare fund, and industry pension plan. He's on an animation project, I suspect. but when he works live-action (same building, same desk, same computer) he's not covered.

This facility voted on union representation once upon a time. And the vote came out against such representation. Life seldom gives us a second chance. but, this time we have that chance. and from what I hear the outcome might be different this time.

I say we go for it!!!!

What do you say???

Jimmy
vfx@iatse-intl.org

Sub-Chapter S Corp

2012-01-20T12:18:00.000-08:00

Recently, a TAG member expressed the concern that if Visual Effects were unionized, he would no longer be allowed to utilize his sub-chapter S Corp. Or a loan-out.

That's simply not the case.

As a studio business affairs for attorney for thirty years, I drafted hundreds of contracts for Directors, Writers, Actors, Producers, Directors of Photography, Production Designers and other IATSE represented employees which allowed those individuals to be paid, by the Studio, through their corporation.
The principal benefit is to allow the individual to set up their own pension plan and contribute tax-deductible money to it. The good news is that the money earned is not taxed until withdrawn from the pension account. The bad news is that you can't touch the money (without penalty) until you're 59 1/2. Another benefit is the ability to deduct "business expenses" more easily. That new HD tv-set, your cable bill, travel and entertainment, may be easier to deduct.
But, there's nothing in any union contract which limits your use of the corporation.

Okay, what's your next excuse for not joining???

Jimmy
vfx@iatse-intl.org

Obedience

2012-01-17T13:56:00.000-08:00

Workers at Cablevision in New York are in the final stages of an organizing drive to select the Communication Workers of America as their union representative. This, after workers realized that they are paid substantially less than their counterparts at other cable companies in the New York area. Management is responding with "captive audience" meetings, where workers are required to attend company meetings where anti-union propaganda is distributed.
The most powerful arguments are that, if workers vote to be represented, they will have to "obey" union bosses!!
Frankly, I've heard similar concerns here in LA about visual effects. Such concerns overlook one critical point: YOU are the union!!! You elect officers and leaders. You hire a business representative. And, maybe an attorney. The union is a democracy, with frequent elections monitored by the Dept of Labor. You call all the shots. If you think a strike is a bad idea, there won't be a strike. If you want the union to negotiate to reduce or eliminate outsourcing, you can do that.
We're hearing, through LinkedIn, that there is a slight upswell in interest. We're here to answer questions and lend our support. In whatever form that might take. We think visual effects should have their own local union with local autonomy and control. We'd provide logistical support. But, we're not the "Union Bosses" that your employer wants you to believe would control your life. Let us lend you a hand.....
Jimmy
vfx@iatse-intl.org

My Neighbor

2011-12-22T11:23:00.000-08:00

My neighbor is a set decorator. Member of IATSE Local 44. She's pretty busy these days. She's recently completely renovated her Quincy Jones (the architect, not the musician) home, which is now worth in excess of a million dollars. She's traveling over the Christmas holidays, and starting a picture in mid-January. She has health insurance. And a pension plan. Paid holidays. You get the picture.
She knows that Sherlock Holmes was not shot in the US. And that tons of movies get shot in foreign countries. And that Canada is handing out tax subsidy money to lure production. As is Louisiana, Michigan, New Mexico, and New York City.
But she's doing just fine these days.
Thank you very much.

VFX Spring

2011-12-21T12:01:00.000-08:00

Spring has arrived a little bit early in the VFX community. Scott Ross posted an article about formation of an employer trade association and it has ignited a lively discussion on Linked In. Check it out at VFX Foundation.

Two threads are proceeding simultaneously: one about formation of an employer trade association, the second about establishment of a union to seek representation of vfx artists. Perhaps, the two are intertwined, perhaps not.

I like to think that those employers that agree to provide modest benefits and fair treatment to artists will actually enjoy a recruiting advantage in hiring the cream of the crop in the artist community. And the IATSE is astute enough that we won't kill the goose that lays the golden egg. Or, in this case, the ceramic (low-cost-version) egg. Medical benefits can be had for as little at $2 per hour. A cost that artists would undoubtedly be willing to absorb, if their employer needed a little nudge in the right direction.

but, so long as we eventually establish a level playing field for the vast majority of employers, we're confident unionization will not exacerbate runaway production: there will still be a demand for the highly skilled artists, and the advantage that only comes from having the effects created in close proximity to where principal photography takes place. Yup. some filmmakers actually like to have their effects done nearby!!!

one of these days, the employers will realize that modest worker benefits stabilize the workforce, encourage career development, retain high quality artists, and allow for cooperation among competing companies. one can look to the Alliance of Motion Picture and Television Producers, where the major studios work together to solve industry problems and then go out and compete like cats and dogs to increase their profitability and market share.

It's a great country, isn't it????
Jimmy
vfx@iatse-intl.org

An encouraging sign

2011-12-08T14:14:00.000-08:00

Today's article by David Cohen in Daily Variety is pretty darn encouraging. Dave notes that visual effects is now being treated as part of production/principal photography; rather than post-production. And he reports that Pixomondo was able to move away from the flat bid business model to a more flexible approach on "Hugo".

Using previz to better advantage; using temporary vfx for the edit, and DELAYING the final effects until the picture was actually locked (sorta) proved to save a lot of wasted effort (and money).

Will this approach spread? We'll have to wait and see. But, if it does, it bodes well for visual effects artists and their eventual integration into the IATSE's West Coast production community.

Jimmy

Take a look around

2011-12-07T11:57:00.000-08:00

At some facilities, your co-workers (in the same building), are represented by The Animation Guild. At others, workers are provided with medical benefits, and lattes. Several employers actually pay premium pay(time and a half) for overtime. And, amazing enough, the practice of asking for unpaid "intern" work is not universally applied. A few companies even admit to being profitable!!!
So, when I hear that a prominent company is currently advertising for vfx workers for a "token" payment, while I'm outraged, I'm also encouraged. You see, Lou Ferrigno is represented by SAG and AFTRA. He ain't workin for free. And neither is the director of photography, the key grip, or the costumer. What do they have that you don't have???
A labor union to represent you!!!!
We can help.
So, let's take some small steps toward ending this practice, shall we???
contact us:
Jimmy
vfx@iatse-intl.org

Thank you

2011-12-01T10:57:00.000-08:00

As an employee of the IATSE I am provided with medical insurance. It's a very good thing. A few weeks ago I had a hearing test, which showed some deterioration of the hearing in my right ear. The Doctor noted a flaw in the stapes bone in the middle ear and said surgery to implant a titanium stapes would probably improve my hearing significantly. On Tuesday, I had the surgery. It's too early to tell if my hearing will improve, but I'm pretty optimistic (yes, it's a habit of mine!).
And I'm deeply grateful that a $20,000 medical bill is covered.
It makes me sad that vfx artists generally do not enjoy similar medical coverage.
And, I will continue to do what I can to change that.
Jimmy
vfx@iatse-intl.org

Who let the air out of the balloon???

2011-11-18T14:05:00.000-08:00

In May, DD's IPO was seeking $115 Million. three days ago it was $55 Million. This morning $42 Million. And, with an opening price of $8.50 per share the general public's reaction was "it ain't worth it....." So the price sank to a little over $7 bucks.

Clearly, this business sucks. And the prospects for profitability are bleak.

Last night I was thinking about the WGA Basic Agreement. When a writer is hired, the studio gets a story outline and one revised story. When the teleplay is delivered, the studio can make two requests for revisions. Thereafter, the studio must pay for additional changes!!!

It's time the VFX community adopts a similar approach. When the director makes change after change after change, the facility needs to charge the customer. and can't ask the workers to work for free because they wouldn't want to alienate the customer. It works for the WGA.

I've never said that the facilities are rolling in money. But, clearly there is a demand for high-quality vfx. And, the people who create those deserve better treatment. Abuse is indefensible; in college footbal, and in visual effects. It's time we stood up, spoke up, and made ourselves heard.

Jimmy
vfx@iatse-intl.org

Digital Domain IPO: Friday November 18

2011-11-17T12:28:00.000-08:00

Digital Domain's IPO is hitting the streets tomorrow. they're hoping to raise $55 Million (down from the $115 Million they initially hoped for back in May when they initially announced the public offering).
According to SEC documents, DD lost over $100 million last year. And has never turned a profit.

OK. I give up!!! Can someone PLEASE explain this to me?????

Jimmy
vfx@iatse-intl.org

NBA lockout

2011-11-17T10:43:00.000-08:00

Anyone who believes that the NBA Players Association decision to decertify it as a labor organization will be a successful negotiating strategy is sadly mistaken.
First of all, the federal courts in this country look very unfavorably against that strategy. Saying that employers who negotiate on an "industry-wide basis" are conspiring to violate the nation's anti-trust laws is not a viable legal theory. The Norris-LaGuardia Act, passed in the 1930's to protect a union's right to strike, also forbids federal courts from getting in the middle of "labor disputes". The policy of our courts is "let them fight it out...." "We won't get in the middle."

Recent federal court decisions have uniformly rejected the approach that employers joining together in labor negotiations violate anti-trust laws, and the courts will do so again with respect to pro-basketball.

Second, it is a huge mistake for NBA players to walk away from their union. Yes, the NBA gets to impose a salary cap, some restrictions on free agency, and other restrictions on player's "freedom". But, in exchange the players get more than 50% of the owners' revenue. Wouldn't we all like to have a union agreement that does that???

When the dust settles, the NBA players association will reappear, make a deal with the owners, and we'll go back to playing basketball. The decertification process will only delay that result, and the players will lose in the process.....

And, one of these days, visual effects artists will do the same.....They'll form an association to negotiate for medical insurance, pensions, and portability so they can move from place to place to place.
It's the only way we'll begin to solve our industry's structural problems.
Jimmy
vfx@iatse-intl.org

Hunkered Down

2011-11-11T15:19:00.000-08:00

We don't disagree with the recent observations of Jeff Heusser, the VFX Soldier, or Scott Squires regarding our one year anniversary. We haven't dented the surface in connecting with the majority of workers out there. We'll do better when we unveil our website.
Steve Hulett, Steve Kaplan, and Peter Koczera are doing a fantastic job getting the word out. And yet, it isn't enough.
We think the vast majority of workers are hunkered down, working ridiculous hours, and with the threat of replacement by off-shore workers who would work for a small fraction of their wages, hanging over their heads.
Our challenge is to find a way to reach those who don't read the blogs, visit the websites, or attend the meetings.
Perhaps word of mouth will be more effective.
I remain an optimist.
As we enter negotiations with the Major Studios, the community will get to watch a democratic union in action. We hold meetings with our members and keep them fully informed as to the progress of those negotiations.
And, when visual artists come on board, we'll do the same for them.
They deserve the same rights, privileges and benefits as 100,000 motion picture industry workers covered by the IATSE Basic Agreement. Nothing more. Nothing less.
Jimmy

Misapprehension

2011-11-10T15:31:00.000-08:00

We identify with the 99%.....

The 1% seem pretty alarmed by Occupiers......

They needn't be.

We don't want their house. We just want a house.
We don't want their investment portfolio and stock options. We just want a pension.
We don't want to be on the board of directors of several philanthropic organizations, including the local hospital. But medical insurance would be nice.
We don't want to bankrupt their companies. But perhaps you could pay us as your employee, instead of asking us to pay YOUR share of employer payroll taxes.
We don't want to sleep in the park forever.

But we want to be recognized for a sincere desire to be treated with just a little respect.

And, if we ask for union representation, we don't deserve to be blacklisted, terminated, threatened, and stonewalled. We just want an opportunity to be heard.

It's not too much to ask.

Jimmy

No strings attached

2011-11-09T14:36:00.000-08:00

We're encouraged by Occupy Wall Street. And by voters in Ohio who rejected legislation making unions in the public sector illegal.
We're concerned about reports that Employer of Record scams are proliferating. And that independent contractor status is abused. We're sad when we read of workers with pre-existing medical conditions who can't buy insurance, regardless of price. And we're curious as to when artists will figure out the VES "Bill of Rights" is missing an enforcement mechanism to ensure that the goals of that document actually stand a snowball's chance in hell of becoming a reality. Not to mention that a "self-pay" medical insurance program will be prohibitively expensive and unworkable.
That's why we make the following suggestion:
If you work for a "employer of record", or are paid as an independent contractor, or are denied overtime, meal breaks, or reasonable rest:
Give us a call. Anonymously. I'm a labor lawyer. Have been for 39 years. I have friends at the California Dept of Labor Law Enforcement. At the NLRB. Social Security. Fair Employment Practices Commission.
Don't want to sign a card? I'll live with that. Don't want to reveal your name or place of employment? I'll live with that too.
What I won't live with is letting you get screwed. So, give me a call. Let's figure out a way to protect you without exposing you to retaliation and harassment.
The first step is to get you paid what you're owed. After that, the possibilities are endless.
But let's get started.
Jimmy
vfx@iatse-intl.org
phone: 818-980-3499

We're Still Here......

2011-10-28T10:44:00.000-07:00

when my kids were little, they played a little game. as we drove through a tunnel they would close their eyes, hold their breath, and make a wish. if they held their breath until we emerged from the tunnel, their wish would come true.

nearly always, when we emerged from a tunnel, one of them would say, "oh, darn, YOU'RE still here!!!".

And so I am.

It's been one year since I started back at the IATSE. Initially, we had meetings in very public places. After a while we learned that most artists were leary of supporting the union in public. So, lately we've shied away from bars and pizza parlors. I even stopped baking chocolate chip cookies.

I've tried to address issues of interest in this blog. And, I've been working on content for our website, which will be unveiled shortly. Not as soon as I had hoped. But it is coming.

We've stayed on the sidelines as the VES has mobilized its members to openly explore better treatment; independent contractor status, overtime, unpaid hours, medical insurance and pensions. It was hoped that some sort of group medical insurance might be possible.

But the IATSE continues to believe that we represent the optimum solution to many of the ills of this part of the entertainment industry. As the "Affordable Health Care Act" rolls out, employers will have to purchase health insurance for all their full-time employees anyway. (Might this be part of the motivation for the "employer of record" scams being perpetrated in our industry?? Namely, that those employers want to avoid having to absorb the cost of federally mandated healthcare??)

So, if health care is mandatory. And overtime is required by law. And independent contractor status is of dubious validity. And, despite tax rebates all over the place, continued robust employment here in Southern California. Maybe a union agreement is possible. yes, it might even save some companies some money!! And, were such an agreement to become industry-wide (as is our Motion Picture Basic Agreement), we might even see a trade association rise up to make sure that the nominal cost of that union agreement could be passed on as part of the budgeted cost of a motion picture or television program. (Ask me about the "union protection" provisions of the Network/Studio Package Agreements which expressly provide that union wage and benefit increases are reimbursed by the the Networks to the Studio/Packagers....)(And, by the way, no one has ever challenged the right of the studios to form a trade association like the AMPTP.)

So. I'm still here. So are you. So, is your job. In South Pasadena. In Culver City. In Venice. In San Francisco. Even if you close your eyes and hold your breath.

Don't wake up twenty years from now and regret that your fears of globalization and foreign competition prevented you from simple protections from employers who will exploit you if you let them. We can do this. We will do this. And, if you want, I'll bake chocolate chip cookies to celebrate.

Jimmy
vfx@iatse-intl.org

Fifty-six to seven?????

2011-10-20T11:20:00.000-07:00

No. It's not the score of a recent football game! It's the difference between the average wage (and cost of benefits) of a UAW-represented auto worker in the U. S., versus the average wage of an auto worker in Mexico!!

One might think that with this kind of wage disparity, all auto manufacturing would head south of the border, and the US auto industry would disappear......Kinda like we heard would happen in the visual effects industry.

But, the US auto industry seems to be making a resurgence.

And, despite predictions that visual effects would all move to India and China and New Zealand and London and Vancouver; employment in Southern California is actually increasing and expanding (at least according to my friend Joe Harkins).

You know, as long as companies in LA remain in business, we might as well ask them not to utilize the Employer of Record, or the 1099. And, since the Affordable Care Act (better known as "Obamacare") will require employers to provide medical coverage; it might make sense for those employers to make peace with IATSE and take advantage of our affordable plans.

All we ask is for a chance to sit down and talk. If the NBA can do it, we can too!!!

Jimmy
vfx@iatse-intl.org

Spring has arrived in the US........finally

2011-10-17T15:45:00.000-07:00

After watching uprisings throughout the middle-east this past spring, the winds of change have just begun to blow here in the US.

After watching mid-western Republicans gut laws protecting union activity, and Tea-party hypocrites seek to emasculate the National Labor Relations Board, workers are getting pretty riled up.

And yet Wall Street remains silent. Lending money to people who they knew would never be able to pay it back. And then packaging those loans in investments which they sold while simultaneously shorting (and betting against those investments).

Now Wall Street wonders if the Occupiers will have concrete goals and objectives? Smugly figuring the demonstrators will fizzle out for lack of structure and concrete aims.

It is no coincidence that the past few years have also seen a decline in earning power, a decline in net worth, and a savage increase in poverty. At the same time, jobs with the benefit of union contracts have shrunk to their lowest levels in decades.

Eventually, we'll all realize the problem is not too much government regulation. It's too little. Excessive regulation did not cause the oil blowout in the Gulf of Mexico. Or the financial crisis on Wall Street and at AIG. Or salmonella and listeria outbreaks. Do we really want more people to die of cantaloupes polluted with listeria? Or ground beef and turkey with salmonella? We rely on the government to protect us. And the problem is not that we are overprotected, but that Republicans continually try to thwart and prevent government from doing the job.

Occupy Wall Street is a wake-up call to us all. We can't allow extremists to dismantle our protections. And we can't allow businesses to force us to accept minimum-wage jobs with 1099's, and no overtime protections, and, heaven forbid, no medical benefits. We had those protections thirty years ago. And little by little, we let them get taken away from us while Wall Street got richer and richer..

Last week I read that donations to the New York City Opera company had INCREASED this year by more than 50%!! Rome burns while Nero fiddles?? Opera????
Come on. Yes, it is a lovely art form. But there are homeless people on the streets of America. Record numbers are hungry. And uninsured. And unemployed for years at a time.

We can turn it around, if we all realize that if we stick together we can cause change. We can light a single candle. Or we can curse the darkness.
We can make a start right here by banding together, uniting, and demanding better working conditions for ourselves, and our fellow workers. This is the start of something. And I think it's the start of something good.

Jimmy
vfx@iatse-intl.org

Loan outs versus "Employer Of Record"

2011-10-13T15:39:00.000-07:00

Joe Harkins made some great observations about the Mill and its coerced usage of an "Employer of Record", especially noting the similarity to the use of a loan-out company. But, there's a huge difference!!!

Employees (often very high earners like actors, writers, directors, dp's) elect to form a loan-out so that they can set up a pension plan and take a tax deduction for the contribution they make to that plan. People making over $300,000 per year realize a tax savings (even though they have to pay the employer share of payroll taxes) because the contribution to the pension plan saves $20,000 to $30,000 on their federal tax.

At the Mill, employees aren't given the choice! They are required to go through an "Employer of Record", which essentially says two contradictory things:
1. you are an independent contractor. and your own employer. so you have to pay "employer" share of payroll taxes. that's an added cost to you. Around $10,000 per year.
2. and you are also an employee. Of who? or should I say, of what???

For purposes of unemployment insurance, workers compensation, labor law (National Labor Relations Act), income tax, employee status depends on such things as:
do you work at home or at a designated workplace?
are you told what time to report to work?
are you told what time to take lunch?
are you told when you can leave?
are there rules regarding dress-code, sexual harassment of co-workers, smoking, eating at your workstation, making personal phone calls, checking your facebook page.
are you supplied with a computer or other tools of the trade or do you provide your own?
do you exercise independent judgment about your work product or work under the direction and control of a "supervisor"?

If you are, indeed, an independent contractor, then the "Employer of Record" is almost legal. Except for the part that forces you to pay by a payroll deduction, the employer shares of payroll taxes. Usually that's done at the end of the year when you file your tax return.

And, if you are an employee, then the whole thing is a thinly-veiled attempt to fool you, and the regulatory authorities into calling you an independent contractor.

and, as I said above, you get absolutely none of the benefits of a loan-out, just the addeded expense and headaches.

The real concern is, in the "race to the bottom", this practice will spread like wildfire, when other employers discover that they suffer a 10% price disadvantage relative to those competitors playing this game. Eventually, everyone will be an independent contractor.

And when that day comes, we'll be here to help turn that around.

Jimmy
vfx@iatse-intl.org

Internships

2011-10-04T12:39:00.000-07:00

Seems there's lot of chatter about "The Black Swan" and two "interns" who have filed a class-action lawsuit seeking to get paid (at least minimum wage) for their unpaid internships at Fox Searchlight. NPR had a lengthy interview this morning with the 42 year-old accountant who is the lead plaintiff. He clearly was on board as a worker, not as a "student". And he realizes he's burned this bridge.

In my business affairs career we frequently had law students who came in for a three-month stint in our department. We certified the learning experience to their law school, and went to great pains to make sure it was a genuine learning experience. Sometimes the work product they turned out was completely unusable. But, occasionally, they did stuff that we actually sent out. contracts. red-lined revised agreements.

Many of those interns are now gainfully employed at studios, agencies and lawfirms; and they'll tell you that the internship was a valuable educational experience. But, some employers abuse the practice; seeking only unpaid workers.

What is it like in visual effects? Is this a pervasive practice? What can we do to help??
Jimmy
vfx@iatse-intl.org

Unemployment in the deep south.....

2011-09-27T13:27:00.000-07:00

The New York Times also reported today that unemployment in the deep south is RISING!!!! For years, rust belt states got clobbered by unemployment, and union wages and benefits were the alleged culprits. Meanwhile, employers rushed to the deep south to take advantage of lower wages, anti-union climates, right-to-work laws, and desperate workers.
But in today's report, North and South Carolina, Mississippi, Alabama, Georgia and Florida have reported some of the highest rates of unemployment.
It seems like the housing bubble in Nevada, the inland-empire of California, and Florida contributed to the ugly unemployment picture more than high-wage jobs.
Perhaps taking low-wage jobs is not the solution for our unemployment mess.
I think this is just the tip of the iceberg. Let's see where this goes?
jimmy
vfx@iatse-intl.org

Jersey Shore tax credit

2011-09-27T13:16:00.000-07:00

In case you missed it, the New York Times reported, today, that Governor Chris Christie of New Jersey "blocked" a $420,000 tax credit for the reality series "Jersey Shore". (i guess i should remind all of you that i recently worked at MTV Networks, the producers of Jersey Shore....)
Governor Christie's actions were based on his conclusion that the show "....does nothing more than perpetuate misconceptions about the state and its citizens."
So, now, politicians are censoring the content of productions which are seeking tax credits??? a very bad precedent has been set.

(this has absolutely nothing to do with visual effects.) it just screams out for response. oh, yeah, and Republicans are clamoring for Governor Christie to run for the Republican nomination for President!!
stay tuned....
Jimmy
vfx@iatse-intl.org

What we do best

2011-09-23T14:53:00.000-07:00

I was stung by the comment by Dave Rand that the IATSE has left a void in the drive to represent visual effects artists, and of our "planned failure". I gather that Dave is making reference to our inadequate performance in the social media. On that subject, I meekly and humbly agree. You're right Dave! We still don't have a website. We're building one but it has been a slow and painful construction project. Maybe my blog isn't all that it should be. So, yes, we aren't clicking on all eight cyclinders there. But, that doesn't mean we aren't the answer to the VES Bill of Rights; which asks for protection for workers' rights without any concrete suggestions for how to obtain those goals.
What Dave and others are overlooking is our strong track record in representing workers in the entertainment industry.
Here's what we do best.
When a contract comes up for negotiation, here's what we do:
First, we survey the industry. Who are the employers? What do they make? To whom do they sell? If public companies, what is their stock price? EBITDA? Net profits? Gross revenues? You get the idea.
Second, we survey our members. How much do you make? How many weeks per year do you work? How long is your average downtime and how is the union doing at finding you work? How many hours per week do you work? Can you, do you turn down overtime? Are you married? Children? When do you plan on retiring? Have you utilized the Health Plan? How much were your out of pocket costs? Do you work for one, or several employers? These survesys are done in person, via snail mail, and via email. We hold meetings so that our members can ask questions, get answers, and even ask follow-up questions.
Third, we draft proposals. Wish lists. Some are probably unrealistic. Some a reach. Some downright critical to achieve. We make priorities. What would we trade for what? What if?? We hold yet more member meetings where we distribute the tentative proposals, discuss our expectations and fears. Eventually we finalize our proposals.
Fourth, we meet with the employer. Sometimes one employer. Sometimes an entire industry in a multi-employer setting. It makes a big difference. We present our proposals, explaining them in detail, and why the employer's actions have necessitated the proposal. The employer makes proposals to us. (For years, several studios proposed doing away with meal periods and meal penalties. Seriously. You don't need to eat. And you certainly don't deserve to be paid a penalty if the employer forces you to work twelve hours straight without a meal. They said that. Really, they did.)
Fifth: those meetings continue on a daily basis for weeks, sometimes months. Some of the negotiating is done in big rooms with lots of people. Some is done in one-on-one "sidebars", where leaders speak off-the-record and candidly about priorities, realities, and compromises. It often comes down to a late-night session on the night an agreement expires. With a strike-threat looming. I've stayed up all night many a time. And I've seen strikes by SAG, WGA, Teamsters, and Office Workers. The DGA came close one year, but we settled at about 3 AM. (But the DGA forgot to call their New York office and picketing occurred for a few minutes until the DGA called New York and explained that we had averted a strike a few hours back!)
Inevitably, we reach agreement.
We call yet another union meeting and distribute the agreement. We note the successes and the failures. The things we got, and the things we couldn't get. We explain concessions we made to the employer to encourage them to be more competitive. There are no secret handshakes. We hold a debate. Ultimately, we have a ratification vote. Only if the members approve the contract is the process complete. If the members reject the deal, we go back to the table and explain why our members feel it's not a fair deal. We fight to get that last crumb.
Check with the cinematographers, editors, production designers, grips, and electricians. Ask them about their medical insurance. Their anticipated pension. How much vacation and holiday pay they received last year.
They'll tell. We did good. We did well.
It's what we do best. I've been doing this for 39 years. Maybe my blog isn't all it could be. My website should be here by now. But it's not. It will be up soon.
But one thing I can unequivocally guarantee. We'll fight for you. Individually and collectively.
'Cause that's what we do best.
Take a look at the VES' Bill of Rights. Every single item on the wish list is covered by the IATSE Basic Agreement. And every other agreement we negotiate. And we'll incorporate those issues in a visual effects agreement. And, so long as there continue to be movies, and prima donna directors, and Hollywood studios, there will be LA-based visual effects companies with whom we will do business. We already have contracts with some of them. We'll get more.
It's what we do best.
Jimmy
vfx@iatse-intl.org

Trust........but verify.

2011-09-22T14:19:00.000-07:00

That was Ronald Reagan's advice, when discussing a nuclear weapons reduction treaty between the US and Russia, more than thirty years ago. The concept has relevance today. The IATSE applauds the VES' "Bill of Rights" and its goals of seeking a better workplace for visual effects workers everywhere. In our view, those goals can only be achieved through a viable labor union and resultant collective bargaining. We can ask facilities for medical care (which they will have to provide beginning in 2014 pursuant to the Affordable Care Act (known as Obamacare)). We can seek overtime and rest periods and turnaround and pensions. But, the only way that we can be sure that those benefits will be provided (and not arbitrarily and unilaterally withdrawn as occurred at one facility in Culver City about eight years ago), is for an NLRB representation petition resulting in certification of an exclusive bargaining agent. One only needs to look across the aisle, at co-workers employed in the animation division of the same company. Or down the street, on sound stages which once saw Judy Garland and Clark Gable roam. Or, at the other end of Motor Avenue. Where hundreds of workers are covered by IATSE and Basic Crafts agreements which GUARANTEE that the "rights" enumerated by the VES will be set out in contract language for all employees at that facility. Next time a facility promises to adhere to the Bill of Rights; get it in writing. Trust. But Verify.
We'll type up the agreement.
Jimmy
vfx@iatse-intl.org

Hyperbole

2011-09-21T15:38:00.000-07:00

Predictably, and sadly, Republican leaders were quick to brand President Obama's suggestions for discontinuing tax breaks for the very wealthiest Americans and their corporations, as "class warfare". A little over-the-top? But, then again, Republicans know a little about class warfare. They've declared war on organized labor in Wisconsin. They've declared war on an independent NLRB. They've declared war on Social Security and Medicare and Medicaid and food stamps and unemployment insurance for the long-term unemployed.
Visual effects artists know all about class warfare. Coerced to accept independent contractor status and get stuck holding the bag for payroll taxes, unemployment benefits, and even social security premiums! Forced to work overtime for free, or at straight time rates. Told by their employer that they can't afford medical insurance. It's kinda galling when you walk past the new Maseratti/Porsche/Mercedes/Aston Martin/Bentley in the parking lot.
Since the economic meltdown caused by the sub-prime mortgage crisis, American business and the Republican hierarchy have devoted their full-time efforts to defeating Barack Obama and the moderate Democrats who support him and his agenda. And have thrown their support to Tea Party fanatics who, in addition to their no-tax pledge have a quiet agenda eliminating a woman's right to choose, ban gay marriage, thwart any form of gun control, and compelling prayer in public schools.
So, is there class warfare going on today? I'd have to agree. But it's not about increasing the rich's chipping in to help pay their fair share to reduce the deficit; it's about making sure that unions and poor people have absolutely no chance to pay their mortgages and rejoin the middle class.
It's time to get mad. It's time to stand up and speak up. It's time to join together. We can't afford to stay quiet any more.
Jimmy
vfx@iatse-intl.org

Gee Em: Yes WE Can!

2011-09-19T12:17:00.000-07:00

Over the weekend, General Motors and the United Automobile Workers Union (UAW), reportedly reached agreement on a new collective bargaining agreement. While details remain sketchy, press reports indicate that signing bonuses, retention of modest pension and medical benefits, and wage increases for entry-level lower tier workers were part of the package.
What can VFX workers learn from this?? That twenty-first-century labor unions get it. There are ways for American companies to work constructively with the unions that represent their workforce to work together so that American jobs are preserved and American businesses remain competitive in the global economy.
Given the opportunity, the IATSE will do the same thing with Southern California visual effects facilities. Just give us a chance to show you what we can do. We'll even get you portable medical insurance benefits.
Jimmy
vfx@iatse-intl.org

Boeing, boeing.....

2011-09-16T11:03:00.000-07:00

Yesterday,the Republican-dominated US House of Representatives passed, on party lines, a bill to castrate the National Labor Relations Board and preclude them from even considering a pending case arising out of Boeing's "punishing" their union-labor-Seattle-workforce for having the gall to go on strike!! Management representatives openly stated the reason for Boeing to move to South Carolina was to get even with their workforce for striking!
Visual Effects Artists know exactly what this fight is about.
Several months ago, at the beginning of our organizing drive, I received a phonecall from a facility-owner. He matter-of-factly informed me that if we were successful in unionizing his facility, he would leave the country. Historically, such threats were a slam-dunk unfair labor practice and the Labor Board would prohibit the threat. Preventing the move has proved much more difficult. Frankly, this company is pretty well anchored to the type of work that can only be done locally, so I thought the threat to be an empty one. Someday, his employees will vote (overwhelmingly) for union representation, and he'll get his comeuppance.
But, we'll need a free and independent NLRB to ensure that worker rights are protected. The tea party and right-wing Republican establishment, while claiming they are "merely" seeking to reduce government spending and "intrusion", have a far more sinister agenda. Climate change? Gay marriage? Dream Act protections for children of illegal immigrants? Choice?
Union protection? All will be eradicated under the guise of "limited government". I guess the sub-prime mortgage meltdown, the Gulf of Mexico oil-well disaster, insider trading will continue to flourish under the Republican administration, if they have their way.
It's a tough time to join a labor union. On the other hand, maybe it's the only way we can stand up for the rights of workers to be fairly treated.
Jimmy
vfx@iatse-intl.org

Oh, Canada!!!!

2011-09-15T11:23:00.000-07:00

Dismayed. Doesn't even begin to describe my reaction to recent articles in the Hollywood Reporter and Daily Variety, and blogposts by the VFX Soldier reporting on the large-scale migration of visual effects work to Vancouver. Clearly, it's not a great time to be a visual effects artist in Southern California. Unless you have fantastic skills and continue to garner high-end work.
But, given the lavish tax incentives still in effect in Vancouver, the recruiting of American workers, and the high cost of living (and crappy exchange rate for American dollars....), perhaps we will begin to see Local 891's organizing efforts take hold. And, once the playing field in Vancouver includes union protections against overtime exploitation and bounced paychecks, just maybe that mindset will convince Southern California artists that a union contract won't be the deathknell of our industry.
By the way, Vancouver production is covered by Local 891's agreement, and that hasn't diminished Hollywood from crossing the border in droves to cash in those lucrative tax rebates. Neither will unionizing visual effects.
So, let's contact Dusty Kelly and get things going in Vancouver. When that comes to pass, we can start signing up prospective members right here in Southern California!!!!
jimmy
vfx@iatse-intl.org

An open letter to Eric Alba

2011-09-13T11:54:00.000-07:00

Dear Eric:
I must confess I was pretty upset and flustered by your comments to Scott Squires seeking VES 2.0 feedback; particularly your remarks that the "IA hasn't impressed me", and that my blog "seems out of touch completely".
Okay. Here's where I'm coming from: I've spent thirty years as a studio attorney. I've spent time skiing with studio presidents, golfing with labor relations executives, and lunching with way too many entertainment attorneys to count. Frankly, I had hoped that background would result in better results in recruiting artists who are directly employed by those studios, and even a receptive atmosphere at those studios. Boy, was I wrong!!! Artists employed at the studios have it really good. They're paid overtime. They're not forced to work as "independent contractors", and they wrangle the work of those working at the independent facilities. And, unfortunately, they're not willing to jeopardize all that by becoming "union agitators". (Even though they'd get coverage in industry pension and health and welfare plans.)
I also expected that workers at the most egregious sweat-shops would be motivated to seek union representation. They're not. They're just struggling to survive. And, finally, I anticipated that those facilities working on network series television would realize that their jobs cannot and will not be outsourced to foreign countries.
I now realize that more people are focused on the half-empty glass of work going overseas, and very few notice that there is a significant volume of work that remains in the United States (for good business reasons). That glass is half full. And will stay that way.
I have, just in case you're wondering, been spending my time creating a website. We will soon begin educating the workforce on what the IA is, what we do, who we are, and why visual effects is an integral part of the bargaining unit of motion picture and television workers who have been represented by us for the past eighty years.
We'll continue to reach out. Eventually, you'll discover that you deserve to be treated like your co-workers on the set. I hope we can meet one day so that I can demonstrate why we are relevant to remedying the state of affairs in a broken business-model, and how union contracts can actually contribute to stability and rational behavior among the facility owners.
So, thanks for the wake-up call.
Jimmy
vfx@iatse-intl.org

Curse the darkness????

2011-09-12T12:55:00.000-07:00

Or light a single candle?
I just finished reading articles in last week's Daily Variety and the Hollywood Reporter as well as numerous blogs; all of which note the proliferation of vfx studios opening Vancouver and Toroto and Montreal (seduced by generous tax incentive programs!!) To say nothing of work going to New Zealand, London, and Mumbai.
I must admit, the prevailing tone of the bloggers, including Eric Roth of the VES, is pretty pessimistic. In five years, these folks predict, there will be absolutely no vfx work done here in Southern California. Might as well put your house up for sale and move!! Or, check and see if MacDonald's or Starbucks is hiring?
Did you want fries with that, sir??
I prefer to take an optimistic approach! Sure, work is going to Canada. And the UK. and India. but, miraculously, lots of local facilities have recently hung out "Help Wanted" signs too. VFX work is being done in Culver City, Venice, South Pasadena, San Francisco and Redondo Beach.
And I, for one, figure that as long as that work remains here, the people doing that work deserve to have a few crumbs tossed in their direction.
So, lets focus on the positive, shall we?? ILM and Pixar and Imageworks and Rhythm & Hues and Stargate are still open for business. And, will be required in the near future to provide medical benefits to their workforce. When that happens, we believe the IATSE benefit plans will prove to be the most efficient way to obtain those benefits. And we will responsibly address the working conditions so that hours, overtime, and weekend work will be scheduled with a modest amount of compassion. As long as LA remains the home base of the movie industry, I'm betting we'll be around to stay.
Jimmy
vfx@iatse-intl.org

Rafael Nadal: "we need a union......"

2011-09-09T10:59:00.000-07:00

Rafael Nadal, in a post-match interview at the US (tennis) Open, commented that the players need a union to represent them!!! It's not about wages, fringe benefits, or even independent contractor status. Rafa was reacting to scheduling matches one after another, for four straight days, (due to weather delays), so that the semi-finals and finals can both be telecast over the weekend for maximum ratings and advertising revenue.
The tournament doesn't seem to care that scheduling in that way forces the players to play four days in a row of five-set matches. With absolutely no time to rest between matches, several of which have gone well past mid-night.
Sound familiar????
What pro tennis players are saying is that they would like a voice in decisions that affect their health and welfare. And, that, just maybe, they might have some positive contributions to make to "management" decision-making.
The current VES 2.0 initiative comes from the same place. Visual effects artists (as represented by VFX Soldier, Eric Alba,Scott Squires, Scott Ross, Joe Harkin) and the many artists who comment frequently on the state of the industry actually have valuable insight into the race to the bottom mentality, the flat bid system, and other current industry practices.
What Rafa, and these bloggers all realize is that through the process of collective bargaining, avenues open up in which constructive dialogue can take place for the benefit of the entire industry.
Obamacare (better known as "Affordable Health Care" will require all employers to provide for medical insurance for their employees at companies with more than 50 workers. And, the federal government won't put up with the nonsense that visual effects artists are "independent contractors" and therefore not entitled to the protection of this Act.
How will this be implemented?? the most efficient way will be through collectively bargained plans with the buying power of over thirty thousand covered employees.
And while, we're at it, maybe we'll have a thing or two to suggest about sixty and seventy hour workweeks, scheduling, overtime, and how facilities and studios can improve the process, lower costs, make better movies, and treat their workforce with the respect they deserve.
Thanks Rafa, for your support!!
Jimmy
vfx@iatse-intl.org

Race to the bottom

2011-09-09T10:29:00.000-07:00

In his speech to the nation on Thursday September 8,President Obama neglected to acknowledge and credit as his role model the VFX Soldier, when he pointed out that we need to replace our "race to the bottom" mentality, with a race to the top. When Michelle Bachman suggests that the remedy to our current economic malaise is repeal of the minimum wage, she takes that race to the bottom all the way to its ultimate and illogical conclusion. Hats off to the Soldier; your unflagging efforts to point out the insanity of reducing wages and imposing cruel and inhumane working conditions to more effectively compete with third world countries are beginning to take hold. America succeeds because of our belief in education, innovation, creativity, and willingness to push the envelope. We're not cheaper. We're just better.
Jimmy

My frustration

2011-08-26T13:24:00.000-07:00

My frustration with discussions about tax rebate incentive programs and the deteriorating exchange rate between the American dollar, the Canadian dollar, New Zealand, China, India, and the U.K. is that these issues distract us from the real daily problems we face. And, about which we have it within our power to fix. In our view, the incentives are here to stay. Whether we like them or not. And the strength of the American dollar is based on many factors which are way beyond our control. What we can control is our own lives. We work ridiculous hours. We tolerate being paid as independent contractors. Some of us even give our work for free. We don't get premium pay for overtime, nights, or weekends. So, when we complain about being undercut by some guy in Mumbai I think we're missing the point. That guy ain't going away. And we're never going to be competitive with his wage rate. Not in my lifetime anyway. But, for some insane reason, ILM and DD and Sony Imageworks, and Stargate and Rhythm & Hues keep getting work. And they hire American artists. Let's do something about that. Let's make sure that, for the puny amount of work that stays in California, we're paid appropriately. Let's do what we can, where we can. I'm not saying you abandon your lobbying on incentives. Give it your best shot. But don't let that distract us from an immediate and realistic goal; bringing better working conditions to hundreds, if not thousands of California artists who deserve better. We can do this. And the IATSE can help.
Jimmy
vfx@iatse-intl.org

It's a trap!!

2011-08-25T12:15:00.000-07:00

Occasionally, we'll get the suggestion that we show mid-range employers that they'll SAVE money by signing an IATSE contract. Naively, they assume that if we cut our rates and cost of benefits that companies will rush in and sign up!! They won't. What they will do is point out to their employees what a sellout that agreement is. How they walked all over the union, and how foolish it would be for you to join such an ineffective and powerless organization. It happened before in Culver City. You know who I mean.....
The reality is that the IATSE does have lower cost benefit plans. In appropriate circumstances it might be suitable for some of the smaller shops. And we'll never negotiate such an expensive deal to drive a company right out of the country. What we will do is survey the landscape, assess the current wage rates and cost of benefits, and negotiate a modest improvement in the working conditions. One small step at a time. Over time, we'll level the playing field so that the race to the bottom doesn't trample on the workers heads to yield the lowest possible wages and conditions. The objective here is that wages and conditions won't be the basis of winning bids; quality of work will be. Wages and conditions will actually be a method of attracting the best employees, who, in turn, will attract the studios. We need to get started on that process. We're spending too much time fretting about subsidies and dollar exchange rates. We need to feed our families and find a way to take our kids to the doctor when they get an ear infection. We deserve to be treated like a part of the Motion Picture Industry. Dont' we???
Jimmy
vfx@iatse-intl.org

Attrition

2011-08-24T11:08:00.000-07:00

Regrettably, work that used to be done by IATSE members (and covered by the IATSE Basic Agreement) is now done by visual effects workers working non-union. Effects used to be done by Special Effects Technicians like powder/explosives members of the prop union. Story boards were done by members of the Art Directors union. Space ships that were built by model makers (props), now are done with computer graphics. It could be argued that this work still is covered by the IATSE Basic Agreement. Studios have ferociously resisted this, and now argue that an "industry practice" exists demonstrating this work is non-union. And, of course, most of it is done by sub-contractors who never were union signatories in the first place. What to do???
Well, for those of you working for the major studios, merely signing an IATSE authorization card will trigger a negotiation under the terms of the Studio (AMPTP) Basic Agreement for wages and working conditions. The Industry Pension Plan and Health and Welfare Plans are a given; they'll apply with no questions asked. And the IATSE and its West Coast Studio Locals will be there to support you in those negotiations. For those working for the "subcontractors", the process is much cloudier and the results far less certain. But the end goal is the same, for this work to become imbedded into the culture of Hollywood and the community of IATSE members who continue to enjoy the protection of a Union umbrella. We need to turn attrition into cooperation.
Jimmy
vfx@iatse-intl.org

Libya: Now comes the hard part.......

2011-08-23T11:00:00.000-07:00

If this morning's reports are to be believed, Moammar Qaddaffi's compound was captured today, and his regime has come to an end. (I'll feel better when he is captured and put on trial....) Many have credited social media with galvanizing the population and triggering the uprising. We all realize that building a democracy in a country with tribal animosities that go back hundreds of years will be dauting, to say the least. It will not be a smooth or easy transition.
Similarly, it's been pointed out that unionizing the visual effects community will require the IATSE to up its game in utilizing these social media. I'm currently writing articles for the soon-to-be-unveiled IATSE website and we'll reveal its address soon. FINALLY!!!! But that will just be the beginning. We'll need to build a much larger mailing list. Establish in-house committees. Communicate with and convince ambivalent co-workers. And avoid the wrath of hostile employers. It won't be fun and games. But, it will be worth the risk.
Now, let's go find Qaddaffi!!!

Jimmy

Fantasia

2011-08-22T11:38:00.000-07:00

Saturday night I sat, enthralled, at the Hollywood Bowl, and listened to symphonic music by Bach, Beethoven, Stravinsky, Tchaikovsky, Debussy and Sibelius; accompanying seventy-year-old animation from Disney's Fantasia. The audience included lots of little kids with their parents and grandparents. Fantasia brought back memories of MY childhood, watching the Wonderful World of Disney on Sunday nights.
I was struck by how "quaint" the animation looked. Obviously, we've come a long way since then. But, a good story is still a good story. Even some of the unfinished works, which were accompanied by story-boards, were entertaining and visually stunning.
I continue to have my breath taken away by great creative work. Film is a great artform. We are fortunate to be a part of that. I think we always will be a part, so long as we continue to tell great stories and invent stunning visual images. Keep up the good work, Hollywood!!!
nostagically.....
Jimmy

Termination of Copyright

2011-08-16T15:07:00.000-07:00

NPR reported this morning on a rising tide of musicians seeking to terminate the copyright registration with respect to music they created in 1978. The record companies are arguing that the works were created by "employees" who created the works as a "work for hire" and that therefore the artists have no right to terminate. The artists, including Bob Dylan, are arguing that they are "independent contractors".
Employers will argue the employee/independent contractor issue on whichever side benefits them in the particular circumstance. (As we've seen.)
I'd love to get some feedback regarding how visual effects artists are being treated, here in Southern California, with respect to the independent contractor relationship and overtime and similar protections. We can even come to your aid without disclosing your identity.
Shoot me an e-mail at vfx@iatse-intl.org.
We're here. We can help.
Jimmy
by the way, NPR is running a program on Wednesday morning, August 17 at 9:00 AM, on the Madelyn Brand show about tax rebate incentive programs, including the one recently enacted in California; and whether it is counterproductive. Let's listen in and then, let me know what you think. (I know VFX Soldier will be listening!!)

Siggraph: A blur of activity

2011-08-15T16:03:00.000-07:00

I spent last week in Vancouver, BC, at the Siggraph exhibition. I was struck by the large number of VFX companies, including mocap and 3D companies, recruiting new employees.
While several of these companies are recruiting for faraway facilities, they are also recruiting for their Los Angeles home base. For me the takeaway is that while production is running all over the place, it is also booming and expanding right here in Hollywood.
And Scott Squires August 4 blogpost provides some clues as to why this is so. Scott talks about 3D conversion. And, while trying to avoid disclosing trade secrets, he actually goes to great lengths to acknowledge that US-based companies have a huge technical and artistic edge in this endeavor. We do really good work here. No where else is the skill level comparable. So, we're hiring, we're expanding, and, as long as movies cost hundreds of millions of dollars; there will continue to be a viable visual effects community right here. Maybe that's why Siggraph is meeting in Los Angeles next year?
I'll see you there.

Jimmy
vfx@iatse-intl.org

Arod......

2011-08-04T10:50:00.000-07:00

The New York Times reports that Major League Baseball is investingating rumors that Alex Rodriguez, third baseman for the New York Yankees, occasionally plays very high stakes poker (hundreds of thousands of dollars often change hands in the space of an evening), with Hollywood movie stars such as Ben Affleck, Tobey Maguire, Matt Damon and Leonardo DiCaprio.
Rodriguez could be subject to discipline, up to a suspension, if found to have violated baseball's gambling regulations. Arod previously acknowledged using steroids in 2003, before baseball began disciplining ballplayers for their use.
What does this have to do with visual effects?
Only this: it is ironic that Major League Baseball regulates and monitors its stars use of steroids and participation in high stakes gambling; since those activities affect the integrity of the game. The Motion Picture Industry does no such thing. Stars are indulged with personal trainers, private chefs, masseuses, bodyguards, and personal assistants. And, when the star is using drugs, or drops a half a million at the table, the studio looks the other way. Twenty Million Dollars is the going rate for some of these stars. They open movies. People go to see them on screen.
And........you know where I'm going with this, don't you?????
You guys open movies too. People go to see your work product. The biggest hits of summer 2011 were more notable for the visual effects than the dazzling performances of whatsisname.....
Oh, but don't bother to ask for medical insurance. We can't afford that!!
Call me a fuzzy thinking liberal; but I think Hollywood needs to rethink it's treatment of the spoiled stars, and it's mistreatment of the little people.
(By the way, I am a Boston RedSox fan, so I'm not exactly objective about Arod and the New York Yankees either.....)
let me know what you think??
vfx@iatse-intl.org.

Jimmy

Siggraph

2011-08-01T10:00:00.000-07:00

I will be attending Siggraph next Tuesday, August 9, Wednesday, August 10 and Thursday August 11. The IATSE will host a booth and Julia Neville(Vancouver), Peter DaPrato (Toronto) and Dusty Kelley (Local 891/Vancouver) will be sharing the turf.
Please drop by and say hello!!
jimmy
vfx@iatse-intl.org

"Work for hire"

2011-07-29T10:43:00.000-07:00

Yesterday, a federal court judge in New York ruled that Fantastic Four, Incredible Hulk, and X-Men, which were created by Jack Kirby, were done as "works for hire", and that Marvel Comics (now owned by Disney) retains the copyright to all such works.
Work for hire is the same legal principle which holds that characters you create, or rather, effects you originate, belong to the guy who pays you.
Ironically, the Major Studios include in every single contract an acknowledgement by the artist that the work they do is a "work for hire" and that the entity paying the bills will own the copyright. In the event that a Court finds the individual to be an independent contractor rather than an employee, the contract requires that individual to "assign" the copyright.
So, the Studio play it both ways. They argue that artists such as you and composers and lyricists are independent contractors and not employees and therefore not eligible to the protections accorded under federal and state labor law, but, for purposes of copyright they are certainly employees and their work-product belongs to the nice people paying the bills.
Coincidentally, in Canada, the writer owns and retains the copyright to the script they write. They cannot, under the Canadian writers guild agreement, give up that copyright; but can "license" the limited right to film a derivative work such as a film or television episode based on that script. But the writer retains all other ancillary rights to that script.
There is a small group in the WGA who have long fought to get similar copyright ownership pursuant to the AMPTP/WGA Basic Agreement. You should the studios turn purple when that topic comes up at the negotiating table!!
While it is unlikely that visual effects artists will ever control the copyright to their work product, the IATSE can, and will, make sure that you are properly represented, compensated, and recognized for the creative contribution you make.
I knew my background as an entertainment lawyer would come in handy one of these days.
Jimmy
vfx@iatse-intl.org

Have we lost our sense of decency???

2011-07-28T10:58:00.000-07:00

I read with dismay about the Composers and Lyricists abandonment of their organizing campaign, in conjunction with Teamsters Local 399, and their request that the Major Studios provide them with Health Insurance. The studios, hiding behind solid legal precedent that correctly found these individuals to be "independent contractors", decided that, since these people have no power, no clout, and no real threat of a labor stoppage, they could safely reject their modest request.
Once again, the Studios have taken a hard line; merely because the people across the table are weak and susceptible of being squashed. Yet, these creative members of the film community have wives, husbands, partners, and children; just like the rest of us. They go to the doctor and the dentist, and occasionally, to the hospital.
Industry leaders apparently have no conscience. Why should they? It's apparently not beneficial to the stock price.
We certainly have sunk to a new low.
jimmy

Threats and Intimidation

2011-07-27T14:33:00.000-07:00

Way back when, I represented a client who's workers were "organized" by an industry labor organization. They sought recognition, and when my client politely declined they filed an NLRB petition. After a hearing, the NLRB scheduled an election.
My client called and asked me why I hadn't started a nasty, anti-union campaign, depicting the union reps as thugs and hoodlums, and telling the workforce what a terrible idea union representation would be. I truthfully told my client, "I haven't the faintest idea how to do that!"
I still don't.
But, I certainly realize it happens.
At the very least, all of the press releases about opening facilities is foreign countries and right-to-work states is a subtle part of that process.
The miracle is, that with the incredible cost savings available when work is sent outside the country, the a sizable amount of visual effects work remains here in LA!! Why is that??
My best guess is that YOU are the reason. Producers occasionally need high-quality visual effects; and they know there's still one place to get them.
So, while companies (and my friend Scott Ross) continue to predict that "all the work will eventually leave the US", I continue to remain optimistic. As long as tentpole movies cost $200 Million and more, and visual effects budgets exceed $40 or $50 Million, there will continue to be a few studios insisting that the work be done at the high-end US based facilities.
But, they'll continue to moan and groan about the cost competition from those foreign companies in the hopes that they can scare you guys away from signing union authorization cards.
That's what my old client was counting on.....
Jimmy
what do you think???
vfx@iatse-intl.org

One Size Fits All???

2011-07-26T13:42:00.000-07:00

It just occurred to me that there is a misconception out there in the community that the IATSE only has one contract! One size fits all.
Not so.
We negotiate many different types of agreements, including high-budget studio tentpole movies, low budget indies, made-for-the-internet, and commercials.
Rates in New York have historically been different than those in Los Angeles. Vancouver has its own production local and unique terms and conditions. Sometimes, when a new employer is organized, union conditions are phased in to allow them to adjust gradually.
There are different conditions when on a distant location than when work is performed at the studio.
I'm guessing the same will be true in visual effects, at least in the beginning. We'll take into account the size of the employer, the nature of the work performed, the number of employees, and the special needs that employer presents.
Similarly, we'll be flexible about creating a new entity to represent artists. If Supervisors want a separate local, we'd consider that. If Local 839 alumni want to retain their membership in that local, that might work. We think most of you would want a brand new ubiquitous local combining all visual effects artists, but frankly we need more feedback from you guys on that point.
When push comes to shove; we're a democracy. And like our American democracy, sometimes that makes things more complicated. But, in the end, it's a lot better than a monarchy, a dictatorship, or anarchy.
Let me know what you want....
Jimmy
vfx@iatse-intl.org

Technological Change

2011-07-25T12:35:00.000-07:00

For as long as I can remember, the West Coast Studio Local agreements and the Videotape Supplement, have provided that the Producer is entitled to make technological changes, subject only to an obligation to notify the IATSE and to negotiate applicable rates and conditions for the workers affected by those changes. Over the course of introduction of the computer programs which allow for the creation for Visual Effects (affecting the work of Special Effects workers such as pyrotechnics experts, Story Board Artists, and Cinematographers), at no time have the studios ever given the required notice. Now, when asked, they respond by claiming that the work has "always" been considered outside the scope of the agreement.
We've come a very long way from the Lew Wasserman era of the 1970's, when studio chieftains acknowledged that the production of motion pictures was work within the jurisdiction of the IATSE. As a former studio attorney, and one lucky enough to count Lew Wasserman as a former client, I am deeply saddened by this turn of events.
It will take the collective efforts of Visual Effects Supervisors to join together to reverse this trend. The IATSE would be prepared to establish and support a separate "guild" consisting solely of these Visual Effects Supervisors if that's what it takes to get them covered by a union contract. It is shocking that they, working on the set alongside of the cinematographer and the camera crew, are the only ones not given the respect they so richly deserve. It's time for those Supervisors to speak up and be heard. They could lead an entire visual effects community towards a better set of working conditions, with no exacerbation of the runaway production we so often hear about.
Jimmy

Anatomy of a Health & Welfare Fund: Medical and Dental Insurance

2011-07-20T14:44:00.000-07:00

What you need to know about all health plans, with a special emphasis on the IATSE/Motion Picture Industry Health Plan:
First: the plan was established by the Basic Agreement; an agreement between the IATSE (the International union) and its West Coast Studio Locals on the one hand, and the AMPTP and its member companies (the Major Motion Picture Studios including, Fox, Paramount, Sony, Warners,Universal, Disney; and the major independents) on the other hand. The plan is governed by a board of trustees, half of whom are selected and appointed by the unions, and the other half of whom are selected and appointed by the employers. In the event the trustees can't agree on how an issue is to be handled, a neutral arbitrator decides. (This is mandatory under federal law.)
Second: contributions are made by the Employers into the trust fund. Contributions of One dollar forty-five and eight tenths cents per hour worked or guaranteed must be made by signatory companies. In addition, revenues derived from supplemental markets (sales of movies to television and home video, and sales of television programs in ancillary markets) in the amount of 9% of the Producer's accountable receipts.
Third: No contributions whatsoever are made by Employees covered. This is unusual in current economic times.
Fourth: Six hundred hours work(in a six month span) are required to become eligible for benefits. In subsequent six months periods, four hundred fifty hours work are required to remain eligible, but if you work less than that, you can carry forward excess hours from the previous period to satisfy the eligibility requirement.
Fifth: There is no deductible. In most plans, you have to pay the first $500 or $1000 of medical expenses before coverage kicks in.
Sixth: If you opt for the Industry Health Network of the Motion Picture and Television Fund, there is no copay (the amount you pay when you visit your doctor.) If you opt for Kaiser there is typically a $15 copayment, or $25 for certain specialists.
Seventh: Hospitalization: Is there a maximum length of time? In the industry plan, NO.
Eighth: Can I see a chiropractor? Yup.

As we've stated before, union dues run between $400 at the low end, to more than $1000 per year for classifications earning well in excess of $100,000 per year. We can't say for certain how much visual effects artists will pay in dues until we establish a special local, elect officers, and decide on things like offices, union representatives (and their salary), and infrastructure. All these matters are required by federal law to be disclosed by the Union in an annual filing to the US Department of Labor, with copies available to all members. That Department can investigate if they think something fishy is going on. And they can, and do, vigorously enforce the requirements of democracy and transparency.
We believe that visual effects supervisors and others employed directly by the Major Studios will be covered by the Industry Plan when they authorize us to represent them. (Even if the NLRB considers them supervisors, and the Studios try to thwart their desire for representation, we are confident that, in the end, they will become a part of the "bargaining unit".
Keep your questions coming!!!
vfx@iatse-intl.org

Jimmy

My Little Crystal Ball

2011-07-15T12:28:00.000-07:00

I'm often asked how much will an employer pay in benefit costs in the event it becomes signatory to an IATSE contract. I'm also asked whether, and how much, will the employee have to pay? Finally, I'm asked into what Local will the artist become a member?
Sorry. I don't know!!!
I don't know how the budget negotiations between the Obama administration and the Tea Party/Republicans will turn out, either. Or how Carmageddon will affect my upcoming weekend plans?
Here's what I do know:
The Major Studios pay $5 per hour on every single hour worked, not just 40 hours per week, but every single hour worked, both straight time and overtime. Plus 6% of gross wages goes into the Individual Account Plan, towards a pension. And, currently, the Health Fund is operating at a deficit. "Residuals" from dvd sales have dropped in the past few years and as a result, the plan is currently operating at a loss. We have to fix that. And I can't predict where that will shake out. I do know that other IATSE plans have substantially lower contribution rates. Which one will end up in a contract covering Visual Effects Workers?? We don't know. But, we can say for sure that it's not our unilateral decision. It's up to you, and you, and you.
We also have an open mind about Local Union membership. Visual Effects Supervisors might be best served becoming members in the Cinematographers Guild. Previz clearly have a community of interest with production designers, art directors, and storyboard artists. Compositors use tools and skills similar to those in the Animation Guild. One way to go is to have all visual effects artists in one organization. But, you might not want to do that. What do you think??
Many Studio Locals have an "industry experience roster". It gives experienced workers (who coincidentally happen to be members of a particular Local), priority in being hired by a signatory company. Frankly, a controversial and much litigated arrangement. What do you think about that???
I don't have all the answers. But I do represent a democratic organization which allows you a voice in determining how these issues are decided. I'm proud of that.
So, thanks for the questions. If we are selected to represent you, we'll let you decide the answers.
Jimmy
vfx@iatse-intl.org

A Good Investment???

2011-07-13T11:09:00.000-07:00

The typical dues paid to the West Coast Studio Locals (including Animation Guild, Cinematographers Guild, Editors Guild, Art Directors Guild) are in the neighborhood of 1% of annual earnings.
The typical benefits package costs approximately 10% of annual earnings. Sometimes a little more, sometimes a little less. Studios pay $5 per hour plus 6% of earnings for Industry Health Coverage and Industry Pension Plan and Individual Account Plan. Contributions into other IATSE benefit funds are a little lower.
So, a return of $10 in benefits for a $1 investment. That sounds like a pretty good deal to me.
Jimmy
vfx@iatse-intl.org

How the NLRB works......

2011-07-12T16:11:00.000-07:00

The NLRB was created in 1932 by President Roosevelt; by the "Wagner Act". Section 7 of the Act protects workers right to form and join unions. When a union collects authorization cards from no less than 30% of the workforce, that union can ask the NLRB to conduct a secret ballot election. (That's why it's such a big deal for us to gather those cards!!)
In the motion picture industry the first tough question is "what is the workforce?" Currently, anyone who has worked at a company during the past twelve months, even if only for a short time, is deemed an eligible worker. So, even if a company currently has only one hundred employees, it is possible that more than two hundred past and present workers could show up to vote.
The second tough question is whether any of the workers are "supervisors" or "confidential" employees. We discussed supervisors a few weeks ago; but in short they hire, fire, promote, demote, discipline, and direct the daily work. visual effects supervisors probably fit that category. plate supervisors probably do not. visual effects producers are probably "confidential" employees since they have access to "sensitive" budget and financial information. The company could exclude them from voting. Nevertheless, the IATSE has a strong history of fighting for (and winning) the rights of supervisors to be covered by a union contract.
Okay. After the lawyers get done nitpicking this stuff (yeah, I know, I'm one of those darn lawyers :) ), the NLRB schedules an election. The NLRB counts the ballots and nobody knows how anybody voted. Some smug unions ask one of the voters to vote NO. Just to prevent there being a 100% vote. (If 100% vote YES, then management obviously knows how everyone voted, but if there's only one NO vote, everyone can pretend they're that voter!!!)
Oftentimes, management will protest the results of the election; claiming the union made illegal promises. The most common is that the union promised to waive initiation fees, and that this amounts to a bribe. The NLRB almost always dismisses that complaint unless the Union only waives the initiation fee of those who voted FOR the union.
If the Union gets 50% of the votes, plus one, the NLRB "certifies" the union as bargaining representative. The union then has one year to negotiate a contract. The IATSE has negotiated thousands of contracts. I've negotiated dozens, both as a Union attorney, and, frankly, as a management attorney. There's no guarantee that the IATSE will get everything we ask for. Or, for that matter, ANYTHING that we ask for!! These negotiations are hard fought. But the IATSE has a great research department, and by law, we're entitled to detailed financial information from the employer. So we can get the best deal possible without bankrupting the company or chasing them out of the country.
Please let me know what other topics you'd like to read about.
Until next time,
Jimmy
vfx@iatse-intl.org

Comments, comments, comments

2011-07-11T13:29:00.000-07:00

Frankly, I was pretty thrilled to get so much feedback about my "Aren't you ashamed" post, and my dialogue with Scott Squires (who I admire and respect a great deal.)

I get it that Rolling Red had a pretty negative experience with the organizing drive up in Vancouver: and i'm truly sorry about that. At the meetings I conducted here in Los Angeles, I usually refrained from handing out cards; realizing we're not ready for that yet. There were question and answer sessions, which were followed up with innumerable e-mails; begging for feedback, questions, and enlarging the scope of those just talking about this issue. One of our primary objectives at this point is to identify the priorities of the artists. For some, the issue seems to be the "independent contractor" status issue; the 1099, and the "flat" rate pay structure (with no overtime no matter how many hours worked). But, for others, the goal seems to be coverage by the Motion Picture Industry Health and Welfare Fund. Many, however, are genuinely concerned that their employer could never afford $5 per hour contributions. So, for those people, we've noted the existence of an IATSE "national" benefit fund, for which the contribution rate is much lower. Frankly; we're still trying to establish priorities, and realistic goals for this segment of the industry.
ETMTHREE noted that many small companies are owner-operated by individuals who also continue to seek work as employees as visual artists. ETM thought my accusation of "you ought to be ashamed"....was unfair if directed at these small outfits. I AGREE. That's not who I'm talking about. The accusation was pointed at ONE specific company employing hundreds of artists, whose owner continues to threaten and intimidate his workforce. As to those smaller outfits, we continue to hope that they will approach the IATSE to discuss tailoring an agreement that allows them to remain competitive while treating their employees to a modest package of benefits including medical insurance. We know these guys want to do right by their employees and we think we can work together to achieve mutually beneficial results.
Scott continues to urge me to do a better job of communicating and educating. He's right. We've hired a communications director and we'll be starting work next week on our long-awaited WEBSITE. And I'll continue to blog away and try to touch upon issues you guys raise. One issue at a time. So, thanks to all of you for caring, for writing, and for identifying ways we can do a better job. Our only reason for existence is to serve you, and we'll continue to strive to do that.
Stay in touch.
Jimmy

Scott Squires comment

2011-07-08T10:33:00.000-07:00

Scott's comment deserves its own blogpost: Scott: I disagree with you. The obstacle to union organizing is apathy. The typical worker is indifferent and unmotivated to seek change. There is an abundance of information out there; on your blog, Soldier's, Scott Ross, Joe Harkins, Dusty Kelly and Steve Kaplan. If the average worker wants information there's plenty of people they can contact and plenty of places where the information is readily available. The Local 839 website is excellent. But we need artists to stand up, and leaders to speak up. We can't do it without help. It's better to light a single candle, than to curse the darkness. Let's start lighting candles....
Jimmy

Aren't You Ashamed?

2011-07-07T16:04:00.000-07:00

Of course you're not! You know who you are. You own an "independent" fx company. You have no "employees". All of the people at the computers are "independent contractors". They get paid on a flat. No overtime. No payroll taxes. Lucky folks, they get a 1099 at the end of the year and can fend for themselves with social security, state disability, to say nothing of federal and state income tax.
And, you've made it clear that if any of those folks seek union representation not only will they be fired, but you'll make sure they're blacklisted from the industry and never work again. And to boot, you've convinced yourself that all of the vfx work is headed overseas anyway and you're just doing (what everybody else does and) what you have to do to survive. Survival meaning staying current on the mortgage on the house in Malibu as well as the second home in Aspen, and paying the lease payments on the Ferrari parked right outside.
All the IA wants to do is to level the playing field so that you don't have an unfair advantage over the competition. You all start at the same point. Payment as "employees". Social security, state disability and income taxes withheld. And, if there's a tiny drop of cash left, maybe a medical insurance policy? Just for the time being. When all the work is being done in faraway lands, we'll take a job at Starbucks as a barista. But in the mean time, as long as the big studios keep sending work your way could you at least treat us like a craft service guy gets treated?
I know by this point you're laughing yourself silly. "As if I care what my employees think??" But, maybe one day you'll look yourself in the mirror and be ashamed of what you see there.....
Jimmy

Independence Day

2011-07-01T11:15:00.000-07:00

Many of us will see a film over the Fourth of July holiday weekend. Transformers will probably be high up on the list. Lots of effects. Almost all of them created by US artists at a facility right here in the good old U Ess of A. And, that will continue to be the case as long as US artists create cutting edge effects. Even if the cost of their labor is higher than their competitors working in third world countries. So, why did the producers choose to have those effects done in the US????
I think you know the answer!!! Sometimes you buy a Kia. But, sometimes you want a Mercedes or a Lexus or a Porsche. And you're willing to pay the higher price. And, you think to yourself, it's worth it.
We work in a great industry which has survived runaway production for many years. And we will continue to survive, and thrive. Because the films we make are entertaining, and because they (even with high-priced American cinematographers and production designers and editors and grips and actors) are profitable.
Enjoy the movie. Enjoy the holiday. And consider the possibility that you are more valuable to your employer than you've been led to believe.
Have a great weekend everyone!!!!
Jimmy

Studio System: Then and Now

2011-06-28T10:49:00.000-07:00

A number of bloggers and other industry leaders have recently commented that it would be preferable if visual effects were done "in-house", with artists working in closer collaboration with the director and other members of the production crew, and paid directly by the studio. While the IA agrees that this would better for all parties concerned (including the major studios), it is unlikely to occur any time soon.
When I started my career in this industry (in the 1970's!!), Studios produced films. And ultimately "distributed" them, too. It was unthinkable in those days for a studio to finance a non-union picture, and even subcontracting was only done with Union companies. Contrast that with todays' business model. Most big studios rarely "produce" the product they distribute. Warners, for example, "distributes" pictures "produced" by Malpaso (Clint Eastwood's company), Village RoadShow, or Joel Silver. As I understand it, Warners approves a budget in the form of a distribution advance, but the production company remains liable to bring the picture in on time and on budget. If they go over, the production company is on the hook. If they come in under, they get to keep the excess. But, it results in the fact that the Major Studio has little or no control over the subcontracting process and the bidding process for things like visual effects. (Although, typically, in the distribution agreement the major studio has an "approval" right over all major elements on the picture.... In short, the IA could ask the studios to exert more influence over the subcontracting over visual effects, and the Studios would truthfully say they no longer have the final say-so over that bidding process!!
For now, the solution is to seek recognition as the union representative of the very few lucky people who ARE directly on the payroll of the studio such as the visual effects supervisor and the visual effects producer, and to seek to organize the people working at the individual effects houses. When we get a critical mass of those people we can begin to influence the bidding process, the subcontracting process, the race to the bottom, and the last-minute frenzy to fix work done in far-away places. But, we need to start with the industry as we find it, and take steps to improve the working lives of those paid on a 1099, those not receiving overtime pay, those working ridiculously long hours, and those not covered by any form of medical insurance whatsoever.
The IA organized the Major Studios in the 1930's. It was difficult, dangerous, and occasionally bloody. It was a fight. The Studios did not acquiesce quietly. But, our members now enjoy the fruits of that contest. We hope to extend those benefits to the visual effects community. We ask all of you to contact us and begin that process, one worker at a time, one company at a time. Shoot me a note at vfx@iatse-intl.org.
I'm here for you.
Jimmy

Visual Effects SUPERVISOR

2011-06-24T12:37:00.000-07:00

There seems to be a little confusion out there about whether Visual Effects Supervisors would be allowed to join the IATSE and a union consisting of rank and file effects workers......
Here's the scoop:
The National Labor Relations Act defines a "supervisor" as "....any individual having authority....to hire, transfer, suspend, lay off, promote, discharge, assign, reward, or discipline other employees....."
From my discussions with numerous Visual Effects Supervisors, most of you have such authority. Certainly, the employers, in an effort to thwart, frustrate, and delay a union organizing drive, will strenuously argue that Visual Effects Supervisors meet the above-defintion and are not eligible to vote in an NLRB election. But, that's all it means!!!
When the IATSE wins an election at a studio or facility and is certified as the bargaining representative, I can assure you, we will fight to include supervisors in our collective bargaining agreement and to provide them with the same protections as all other workers. Cinematographers. Art Directors. Editors. Sound mixers. Key Grips. Gaffers. All could be said to have supervisory responsibilities. Yet all are covered by IATSE agreements.
And, just to be clear, we are NOT suggesting that Visual Effects Supervisors be segregated into a separate entity. We believe the better approach is to include them in a broader organization which represents ALL such artists.
Please contact me if you have any questions: vfx@iatse-intl.org.
We're on your side.
Jimmy

My dinner with Andre.......

2011-06-15T10:55:00.000-07:00

oops. that's an old classic film. i meant, of course, my dinner with Joe Harkins.
first of all let me note that the people-watching on Canon Drive in Beverly Hills was pretty cool. Said hello to Frank McCourt (still the owner of the Dodgers, for the time being) as he walked by. Lots of Ferraris, Lamborghini's and Tesla's driving by too. But, I digress.
Joe had sent me some questions and I promised him I'd post my answers. Here goes:
1. What's taking so long? It's been a year already!"
Well, I started on November 1, 2010. We had meetings at bars, pizza parlors and on the beach. I baked chocolate chip cookies. We had over 400 union authorization cards signed. But the signers wanted us to build a website; we still don't have that site up and running and dedicated to the visual effects campaign. I know i've promised that it's on the way, but that's really not good enough. We have to do better. I started this blog a month ago. It's a start. But, it's just a start. We need to communicate more effectively. And, while we've been invited to participate in Daily Variety chats, we've declined to do so. The press has not been very generous or kind with us in the past, and we're a little bit spooked. But, I believe we have to get over that and get out and talk to the people. We'll just have to take our chances with the fourth estate!
When we hit 400 cards, we hit a brick wall. Attendance at meetings flattened. The silent majority went........well, silent. We simply haven't heard from, or connected with the vast majority of the industry. And, for this to happen, we have to have a majority of workers at each and every company step out of the shadows, sign a card, vote for us, and let their employer know they support a union. Any union!! We'll continue to reach out. It's what we do.
2. What would "scale" be??
When we negotiate with an employer, we get a wage survey of every worker. Initially, we would expect minimum rates to go up very little. That's not what this is about. Eventually, we'll find one or two employers paying substantially less than everyone else, and we'll push them to increase their minimum rates. Finally, we'll put into place standardized rates to protect workers from predators. Overscale will continue as an industry-wide practice. More important, paying on a 1099, as an "independent contractor", will be prohibited.
3. What local would we join?
Whatever one you want to!!! Local 839/Animation Guild. If you like. Local600/Camera, if you prefere. Local 700/Editors, if you consider yourself an editor. Local 800/Production Designers/Art Directors. Especially if you work in previz. Or, if you prefer, we will establish a special visual effects local.
4. Health benefits?
If you work for a Major Studio, we expect to cover you in the "industry plan". contributions are currently about $5 per hour. The employee does not make a monthly payment, but this is under attack and we are aware that this is unusual, even in the motion picture industry. If you work at a facility, or staff workers get medical insurance, we will match or improve your current coverage at little or no increase in cost to your employer.
We'll get the most benefits we can squeeze without bankrupting the industry.
5. Would we proceed one company at a time, or on an industry-wide basis?
Answer: the law allows companies to insist on negotiating one at a time. We expect they will insist on this, unless and until they determine that they would be stronger working together.
6. Union dues?
These run from $400 to $800 per year. If we set up a separate local, that local would determine its own dues based on what they need to hire professional staff and administrative costs.
7. Would we unionized India or China?
No.
8. If we unionize an LA facility, would the contract cover out-of-state or foreign affiliated companies?
No.
That's a start. Send me more questions: please.....

I'm looking forward to my dinner with Scott Ross.

Jimmy vfx@iatse-intl.org

Yesterday, it was my birthday......

2011-06-14T10:26:00.000-07:00

Hung one more year on the line....." words from a Paul Simon song. Sang them all day yesterday. It seems, since most guild agreements expire on June 30, I spent most of my birthdays during my career as a studio attorney at the AMPTP in guild and union negotiations... So, there I was yesterday, reading blogs from VFX artists, and thinking about my efforts to encourage those artists to join together in an effort to obtain the benefits of union representation in their working lives. It seems clear to me that, with the proliferation of blogsites, and VES 2 point 0, and VFX foundation, and DD initial public offering; that there is obviously tremendous interest in union representation. But, not a lot of understanding of the process.
Negotiations were once described as a process in which two sides say NO to each other, until they reach agreement. Like the NFL is doing right now.
What will a Union bring to VFX? Frankly, we can't say for sure. All we know is that we'll sit down with the studios and the facility owners, and talk. They'll tell us about foreign competition, tax incentive programs, H1-B visas, cheap labor in Mumbai, soaring budgets, out-of-control post production schedules. We'll tell them about workers whose wives and children desperately need medical care. Older workers who don't have any pension to fall back on. Facilities extorting 1099 status from workers who are cheated out of overtime pay. Facilities going bankrupt and cheating their employees out of critical paychecks. And then, we'll work something out. We always do. So, keep blogging. Keep talking. We'll find a way to get to the table, with your support. Give us a call if you have any questions or suggestions. Let's hang together, for a change!!
Jimmy
vfx@iatse-intl.org. I'm here for you.

On the same page

2011-06-03T12:21:00.000-07:00

I read a lot. The Trades. Websites. Blogs. Facebook. Twitter. NYTimes Business Section. So, I'm pretty excited about DD's Initial Public Offering. Worried about disappointing box office for recent 3D releases. Encouraged by the Visual Effects Society's 2point0 initiative. I agree with a lot of Joe Harkins' ideas, including his foundation. It's a step in the right direction! Soldier's observations about runaway production and the viability of union representation. On the mark! Dave Rand and Jeff Heusser's vision of production staying close to the creative center of production. It's our future.
Because, essentially, we're all on the same team!!! Local 839. IATSE. VES. We all want the same objective: a viable industry, a living wage, decent medical insurance, a modicum of job security and a comfortable future. So, let's keep the discussion moving forward. Eventually, we'll unite to make a better mousetrap. Maybe not tomorrow. But, it's right around the corner.
Let's hang together. or else we'll hang separately.
Jimmy

Why me?

2011-05-26T10:28:00.000-07:00

Recently, I've been wondering; "why did the IA pick me to participate in the visual effects organizing campaign"?
I think the answer goes back to 1982 when seven major studios and several independent television production companies banded together to form the Alliance of Motion Picture and Television Producers. The Alliance reunited two competing organizations; The Association of Motion Picture and Television Producers (composed of Columbia, Fox, Disney, Warners, and MGM) and the Alliance (consisting of Paramount, Universal, Lorimar, Tandem and MTM).
During that era, I represented MTM in numerous labor negotiations from 1979 through 1989, and spent many hours with labor relations executives of the majors and independents.
Regrettably (at least, in my view) all of those independents no longer exist!! Norman Lear. Aaron Spelling. Mary Tyler Moore, Steve Cannell. Lorimar. Gone!!!
Why?? Every one of them was unable to compete with Major Studios owned by one of the Broadcast Networks, especially when the Federal Communications Commission eliminated the "financial interest and syndication rules", and the Federal Courts vacated the decree which prevented Studios from owning Networks. Or Networks owning Studios?
So, I certainly had a front-row seat in watching those independent companies disappear from the scene. And I don't want to see something similar happen to the independent visual effects companies which dot the landscape.
It is my hope that my relationships with the Major Studios, my understanding of the Labor Relations history over the past thirty years, and my respect for the principle of independent entrepreneurship will allow me to promote collective bargaining to this underserved and underrepresented segment of our industry.
So, I guees that's why......
Let me know what you think at vfx@iatse-intl.com;

It's certainly not because of the chooclate chip cookies!!!!

Jimmy

VES Open Letter

2011-05-25T14:00:00.000-07:00

We continue to support the VFX artists in their quest for fairness in the workplace, and are encouraged that the leadership of the VFX Soxiety is making its dissatisfaction with the status quo known."
IATSE International President Matthew D. Loeb

contact vfx@iatse-intl.com; for further information on how you can participate in this discussion and implementation of industry-wide change.

DD IPO: A Game Changer?

2011-05-24T15:18:00.000-07:00

With all of the recent discussion about the flawed business model which is the basis for the "race to the bottom" and the abysmal economics of our vfx industry; it seems that DD's IPO offers all of us a real opportunity to take a big step towards fixing that model. According to documents filed with the SEC, DD intends to get into the business of creating (and retaining ownership of)content.
Indeed, we've heard rumblings about other illustrious effects companies negotiating in the past, for a piece of the ownership pie. While rolling the dice in the hopes of recouping one's investment in this risky business is always a doubtful proposition, sharing in the upside might just make fx companies turn a profit!! And, when that happens, we all benefit. Even the compositor. :) IATSE is waiting patiently and hopefully, on the sidelines. We are prepared to participate in a meaningful way in ensuring that artists are protected and share in any upside of this development. It's worth a try.
jimmy

Social Media

2011-05-19T14:20:00.000-07:00

Many have observed that social media ignited the process which ousted dictatorships in Tunisia and Egypt, as well as the ongoing push for freedom and democracy in Yemen, Libya, and Syria. These same observers have expressed the hope that social media could ignite the same kind of enthusiasm in support of a union organizing drive for visual effects artists. The comparison is real. But, we need to remember that after reading Facebook and Tweets, people went out into the streets and RISKED THEIR LIVES to let the world know they were fed up with their governments, with corruption, and their lack of opportunity.
We're not asking visual effects artists to risk their life; but to come out with strong statements of support, attendance at a few meetings, signing authorization cards, and letting their employers know that they want to be treated equally with the way their co-workers on the set are treated. If a studio decides to spend the extra bucks to have the work done in Los Angeles instead of Mumbai, then don't punish the LA based artist with Mumbai-like working conditions. Treat them equally to all of the other members of the production crew. That's all we ask. Nothing more.
Jimmy

We need to hear from you!!

2011-05-18T11:29:00.000-07:00

Recently, BECTU has begun an organizing drive for visual effects artists in Great Britain. IATSE Local 891 is actively organizing in Vancouver. And, here in LA, we continue to seek to represent workers who are an integral part of the motion picture production community, but are treated as second-class citizens. We called meetings, baked chocolate chip cookies, and posted tweets, facebook pages, and blogged. We've spoken with other bloggers and followed discussions about the broken business model that is the primary cause of unprofitability in our industry. We met last weekend with representatives of all of the west coast studio locals of the IA to refine and retool our organizing campaign.
The only thing that's missing is the groundswell of support at the grassroots level. We understand your concerns about outsourcing. We share your frustrations about foreign countries and competing states offering tax credit programs to lure production and post-production to their recession-ravaged economies. Through it all, we continue to see big-budget features like Superman, BatMan, Spiderman, Tron, Green Hornet, Green Lantern, Transformers, Rango,and high-concept television series with dinosaurs, create bigger and better visual effects, right here in sunny California!!
And, now, we read that Digital Domain is in the first stages of an initial public offering; selling $115 Million in stock; so that they can produce and own effects laden intellectual property.
We need you to tell us that you're ready to act. Ready to sign a card. We'll bring one to your door, and we'll even bring the pen. We already represent over 30,000 motion picture workers, and thousands more in related fields. And we've experienced runaway production before, only to find creative solutions that keep our members working. We can do the same for you, if you'll just give us a call. So, shoot me a note at vfx@iatse-intl.com; and we'll get the ball rolling.
Come on, you've got noting to lose. We'll keep your employer in LA; we'll just make sure your employer treats you with a little respect.

The Basic Agreement: The Holy Grail????

2011-05-09T12:55:00.000-07:00

For those individuals lucky enough to be on the payroll of one of the Major Motion Picture Studios or those companies who have consented to be part of the AMPTP's multi-employer bargaining unit, when a majority of their co-workers in an appropriate bargaining unit (more on what that is later)vote for IATSE representation in an election conducted by the National Labor Relations Board, then the IATSE Basic Agreement "immediately become(s) effective with respect to such employees."
Step one is for 30% (or more) of the workforce to sign authorization cards.
Step two is for the IATSE to file a Representation Petition (called an RC) with the National Labor Relations Board. The NLRB will conduct a hearing to determine who is eligible to vote; supervisors are generally not eligible, although the IATSE has traditionally represented Directors of Photography, Production Designers, Film Editors, Sound Mixers and others who have some supervisory functions similar, for example, to those of a visual effects supervisor. Following that hearing, the NLRB conducts a secret ballot election. And, if a majority of those voting for union representation, then, in this group of companies, the agreement becomes effective. But, only for those companies who have already signed the IATSE Basic Agreement. For all other companies, we'd have to sit down and negotiate an agreement from scratch. Taking into account their unique aspects. An appropriate bargaining unit means those employees who have a "community of interest". People who eat together, drink coffee together, work in the same building or area, are customarily deemed to be an appropriate bargaining unit. In production, a film crew or television crew is probably an appropriate bargaining unit, but that could be challenged by an employer.
Okay; so assume all that happens, then what?
Since there are currently no wages specifically applicable in the IATSE agreements for classifications of visual effects artists; we'd have to work out those rates.
But our Medical and Pension Plans would certainly go into effect. For medical, on attaining 600 qualifying hours, you'd get to choose between Blue Shield, Health Net, or Kaiser. You'd pay no monthly payment for that coverage. If you went to an Industry Health Plan network doctor, you'd have no co-payment for a doctor visit. At Kaiser, you'd pay $5 for a doctor visit.
You'd have pension contributions made on your behalf, including an individual account plan, with funds set aside just for you. You'd get overtime, premium pay for work performed after 8pm, for a sixth and seventh consecurite day. You'd get a meal break after 6 hours of work. And you wouldn't have to eat at your desk.
Anything else would be subject to negotiation with employee/members controlling the outcome.
Seems like a no-brainer to me.
Jimmy

Solidarity

2011-05-05T15:27:00.000-07:00

The employers in this town must be falling off their chairs, laughing. While they collude to fix wages, pay medical benefits to only a miniscule percentage of their workforce (or none at all), avoid paying employer payroll taxes by calling their workers "independent contractors"; we engage in bickering, backstabbing and jurisdictional squabbling. Pitting the IA against its locals (or at least trying to), isn't going to work. Local 839, and the other West Coast Studio Locals, and the International, are working closely together to fight for visual effects artists. And, we need better information than the wage surveys that the internet posts (most of the information is woefully out of date, and sketchy at best). It's time we get together against a common enemy. And work to achieve our common goals. Let's stop sniping and start rounding up the troops for a united effort to achieve the protections we deserve. We need some solidarity, so that the employers can't pick us off one at a time. We need to have each other's back. We need to act like a labor union. We can do this, if we stick together. Jimmy

Episodic Series Television

2011-05-04T16:14:00.000-07:00

For the life of me, I cannot understand why we haven't been deluged with inquiries and authorization cards from people working at the companies specializing in subcontracts from the Major Motion Picture Studios who are producing Series for the big broadcast networks!! You know which ones I mean. The work is steady. And predictable. And profitable. And the networks have made it abundantly clear the work HAS to be done here in LA, right near the studios filming the episodes. So that network executives can run over on their lunch break and take a look at the work product, give notes, and see the changes hours later. This work will never leave LA. Not for Vancouver, or New Mexico, or, heaven forbid, India. No danger of losing your job when the company shuts down and moves offshore. Will someone please explain to me why on earth this work is not covered by an IATSE contract!!! Please???? shoot me an e mail at vfx@iatse-intl.com.

Our Objective

2011-05-03T12:47:00.000-07:00

Recently, we've been deluged with correspondence reiterating the "last nail in the coffin" argument. Employers have been successful in planting the seeds of doubt about the long-term economic effects if this industry were to be subject to a collective bargaining agreement. The straw that breaks the camel's back? Let's break that down by groups of employers, shall we?

First, we have the Major Motion Picture Studios. These companies produce tentpole films with budgets nearing two hundred million dollars, and with an average budget of seventy five or eighty million dollars. Virtually the entire production crew are covered by the IATSE Basic Agreement. And, wisely, most studios employ a core group of visual effects artists (even though most of the actual work is subcontracted) directly on the studio payroll. These people safeguard the studios' investment, guarantee quality control, monitor the cost of effects and the contractual commitments. And it is money well spent. We strongly feel these people should be treated with the same dignity and respect as the remainder of the crew. And, come on! This is a minimal cost, and isn't even a drop in the seventy five million dollar bucket!!

Next, we have the Major effects companies, several of which are owned by the very same Studios. They employ four hundred or more people and produce high-quality work. When the studio receives unsatisfactory work-product, or the release date is in jeopardy, the work then gets sent to these places on a 911 basis, to fix the mess. Again, we think these workers should be treated like their studio brethren. And, we seriously doubt these companies would be adversely affected. Many already provide medical and other benefits (401 k plan) to their "staff" employees.

We do acknowledge that there are a large number of independent shops for whom the competition is cutthroat and for whom an IATSE contract is a scary proposition. But, most of these companies offer some form of medical coverage and other benefits. The IATSE bargains for made-for-the-internet, reality programs, made-for-basic-and-pay-cable, low-budget theatricals, as well as for tradeshows, rock concerts, and other entertainment-related industries. We have experience in negotiating contracts with terms and conditions specifically tailored to keep those companies in business in the US, and to keep them profitable. The cost of those contracts are very competitive. We believe we could negotiate with these visual effects employers a contract that wouldn't drive them out of the country. And, just to make sure, we'll have YOU be a member of our negotiating committee! As soon as we have the necessary information, like; how much is the prevailing wage rate at these companies? do they pay overtime? do they provide any benefits? and how much do those benefits cost, we'll sit down with them and work out the details of a fair contract.

Now, some of these companies pay on a 1099 basis. And don't pay overtime. Frankly, our agreements will have an economic impact on them. They'll have to pay people as employees and absorb the FICA and Medicare taxes. They'll pay straight time for forty hours and overtime for any additional hours. This will have a real economic impact on them. But, it's indefensible that they are currently able to underbid their competition by making their employees bear these costs. We simply can't allow it!! But for those companies obeying the law, we will negotiate a contract that will keep the work right here in Los Angeles.

Finally, we've observed that the work of 3D conversion is largely performed outside the country (predominantly in India) with corrections and quality control done locally. Our sources tell us that a small crew remains in Los Angeles to guarantee the quality of the work product. Again, we would intend to cover these workers with a simplified collective bargaining agreement including overtime and medical insuarance at levels that are affordable.

We'll fill in the blanks as we learn a little more about the cost of benefits currently being offered (and encourage our readers to share that information as they learn of it.)

We're here, (at vfx@iatse-intl.com), and we're ready when you are.

Jimmy

IATSE: A brief biography

2011-04-29T11:28:00.000-07:00

On July 17, 1893, the National Alliance of Theatrical Stage Employes was created by seventeen courageous legitimate theater stagehands. In 1914, our jurisdiction was expanded to include Moving Picture Machine Operators (aka projectionists). We achieved our first industrywide motion picture contract with the Major Motion Picture Studios on November 26, 1926; however this began a two decade (often violent) jurisdictional struggle with several other labor organizations.
In 1947 the IATSE won an election covering all craft and technical workers at Paramount's television station in Los Angeles, at KTLA.
In 1948 in an historic Supreme Court decision, the movie studios were compelled to divest themselves of the theaters they had previously owned. (The Paramount decree.) This resulted in the IATSE losing a bit of its leverage, as we were no longer able to put pressure on those studios at the ultimate consumer level. In 1952 after a brief strike against four of the ten major television studios, IA workers who were employed in television production achieved a big breakthrough; the new contract provided wages and benefits equal to those enjoyed by IA members working on theatrical movie productions. In 1955, several films were released in 3D; but the technology wasn't well received and didn't last for long.
November 2010; the IATSE announces a drive to represent visual effects workers. In the coming weeks and months we'll set out our case for what we can do, how we will do it, and what it will mean for working professionals. Next time you are on a studio lot, or on a set, ask your counterparts if they are a member: and what that membership means to them. Until next time, Jimmy