tag:blogger.com,1999:blog-37350344494931052702024-03-16T11:52:15.296-07:00IA4thefutureIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.comBlogger70125tag:blogger.com,1999:blog-3735034449493105270.post-3870774884315694502012-02-03T11:41:00.000-08:002012-02-03T11:41:29.403-08:00IndianaRepublican/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!<br />
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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.<br />
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Sound familiar?????<br />
<br />
The race to the bottom accelerates!!!<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com1tag:blogger.com,1999:blog-3735034449493105270.post-57013203422432668302012-02-03T11:37:00.000-08:002012-02-03T11:37:33.566-08:00The Easy PartThere 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".<br />
<br />
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.<br />
<br />
And, when studio workers are covered, can those working at the independent facilities be far behind???<br />
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Come on guys, let's get moving!!!!<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-65950785789816490362012-01-26T12:39:00.000-08:002012-01-26T12:39:36.852-08:00Side by sideRecently, 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.<br />
<br />
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.<br />
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I say we go for it!!!!<br />
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What do you say???<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com3tag:blogger.com,1999:blog-3735034449493105270.post-67071741655632316882012-01-20T12:18:00.000-08:002012-01-20T12:18:25.480-08:00Sub-Chapter S CorpRecently, 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.<br />
<br />
That's simply not the case.<br />
<br />
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.<br />
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.<br />
But, there's nothing in any union contract which limits your use of the corporation.<br />
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Okay, what's your next excuse for not joining???<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com2tag:blogger.com,1999:blog-3735034449493105270.post-18912591702811250512012-01-17T13:56:00.000-08:002012-01-17T13:56:50.089-08:00ObedienceWorkers 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.<br />
The most powerful arguments are that, if workers vote to be represented, they will have to "obey" union bosses!!<br />
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. <br />
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.....<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-41760270014131491782011-12-22T11:23:00.000-08:002011-12-22T11:23:40.807-08:00My NeighborMy 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.<br />
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. <br />
But she's doing just fine these days.<br />
Thank you very much.IA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com2tag:blogger.com,1999:blog-3735034449493105270.post-69941253170654733992011-12-21T12:01:00.000-08:002011-12-21T12:01:21.633-08:00VFX SpringSpring 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.<br />
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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.<br />
<br />
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.<br />
<br />
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!!!<br />
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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.<br />
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It's a great country, isn't it????<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com1tag:blogger.com,1999:blog-3735034449493105270.post-2177092881169682792011-12-08T14:14:00.000-08:002011-12-08T14:14:19.042-08:00An encouraging signToday'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". <br />
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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).<br />
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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.<br />
<br />
JimmyIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com2tag:blogger.com,1999:blog-3735034449493105270.post-18635173978215733262011-12-07T11:57:00.000-08:002011-12-07T11:57:08.142-08:00Take a look aroundAt 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!!! <br />
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???<br />
A labor union to represent you!!!!<br />
We can help.<br />
So, let's take some small steps toward ending this practice, shall we???<br />
contact us:<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-70946089631433792532011-12-01T10:57:00.000-08:002011-12-01T10:57:45.777-08:00Thank youAs 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!).<br />
And I'm deeply grateful that a $20,000 medical bill is covered.<br />
It makes me sad that vfx artists generally do not enjoy similar medical coverage.<br />
And, I will continue to do what I can to change that.<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com1tag:blogger.com,1999:blog-3735034449493105270.post-10229738049421852762011-11-18T14:05:00.000-08:002011-11-18T14:05:12.543-08:00Who let the air out of the balloon???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.<br />
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Clearly, this business sucks. And the prospects for profitability are bleak.<br />
<br />
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!!!<br />
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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. <br />
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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.<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com3tag:blogger.com,1999:blog-3735034449493105270.post-52871056128166450002011-11-17T12:28:00.000-08:002011-11-17T12:28:45.602-08:00Digital Domain IPO: Friday November 18Digital 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).<br />
According to SEC documents, DD lost over $100 million last year. And has never turned a profit.<br />
<br />
OK. I give up!!! Can someone PLEASE explain this to me?????<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com4tag:blogger.com,1999:blog-3735034449493105270.post-59399306548475039482011-11-17T10:43:00.000-08:002011-11-17T10:43:07.947-08:00NBA lockoutAnyone who believes that the NBA Players Association decision to decertify it as a labor organization will be a successful negotiating strategy is sadly mistaken.<br />
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."<br />
<br />
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.<br />
<br />
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???<br />
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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.....<br />
<br />
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.<br />
It's the only way we'll begin to solve our industry's structural problems.<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-46737484275699542122011-11-11T15:19:00.000-08:002011-11-11T15:19:52.489-08:00Hunkered DownWe 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. <br />
Steve Hulett, Steve Kaplan, and Peter Koczera are doing a fantastic job getting the word out. And yet, it isn't enough.<br />
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.<br />
Our challenge is to find a way to reach those who don't read the blogs, visit the websites, or attend the meetings.<br />
Perhaps word of mouth will be more effective.<br />
I remain an optimist. <br />
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.<br />
And, when visual artists come on board, we'll do the same for them.<br />
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.<br />
JimmyIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com4tag:blogger.com,1999:blog-3735034449493105270.post-25430648691443081222011-11-10T15:31:00.000-08:002011-11-10T15:31:15.712-08:00MisapprehensionWe identify with the 99%.....<br />
<br />
The 1% seem pretty alarmed by Occupiers......<br />
<br />
They needn't be.<br />
<br />
We don't want their house. We just want a house.<br />
We don't want their investment portfolio and stock options. We just want a pension.<br />
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.<br />
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. <br />
We don't want to sleep in the park forever.<br />
<br />
But we want to be recognized for a sincere desire to be treated with just a little respect.<br />
<br />
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.<br />
<br />
It's not too much to ask. <br />
<br />
JimmyIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-78408387578124330502011-11-09T14:36:00.000-08:002011-11-09T14:36:17.151-08:00No strings attachedWe're encouraged by Occupy Wall Street. And by voters in Ohio who rejected legislation making unions in the public sector illegal.<br />
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.<br />
That's why we make the following suggestion:<br />
If you work for a "employer of record", or are paid as an independent contractor, or are denied overtime, meal breaks, or reasonable rest:<br />
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.<br />
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.<br />
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.<br />
The first step is to get you paid what you're owed. After that, the possibilities are endless.<br />
But let's get started.<br />
Jimmy<br />
vfx@iatse-intl.org<br />
phone: 818-980-3499IA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-58339660118070510072011-10-28T10:44:00.000-07:002011-10-28T10:44:15.797-07:00We're Still Here......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.<br />
<br />
nearly always, when we emerged from a tunnel, one of them would say, "oh, darn, YOU'RE still here!!!".<br />
<br />
And so I am.<br />
<br />
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.<br />
<br />
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.<br />
<br />
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.<br />
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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??)<br />
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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.)<br />
<br />
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.<br />
<br />
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.<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com2tag:blogger.com,1999:blog-3735034449493105270.post-83274870448682341352011-10-20T11:20:00.000-07:002011-10-20T11:20:50.702-07:00Fifty-six to seven?????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!!<br />
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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.<br />
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But, the US auto industry seems to be making a resurgence.<br />
<br />
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).<br />
<br />
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. <br />
<br />
All we ask is for a chance to sit down and talk. If the NBA can do it, we can too!!!<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com1tag:blogger.com,1999:blog-3735034449493105270.post-37704429562742295472011-10-17T15:45:00.000-07:002011-10-17T15:45:34.829-07:00Spring has arrived in the US........finallyAfter watching uprisings throughout the middle-east this past spring, the winds of change have just begun to blow here in the US. <br />
<br />
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.<br />
<br />
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). <br />
<br />
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.<br />
<br />
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. <br />
<br />
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.<br />
<br />
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..<br />
<br />
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????<br />
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.<br />
<br />
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.<br />
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.<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com2tag:blogger.com,1999:blog-3735034449493105270.post-32513752604576475432011-10-13T15:39:00.000-07:002011-10-13T15:39:06.229-07:00Loan outs versus "Employer Of Record"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!!!<br />
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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.<br />
<br />
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:<br />
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.<br />
2. and you are also an employee. Of who? or should I say, of what???<br />
<br />
For purposes of unemployment insurance, workers compensation, labor law (National Labor Relations Act), income tax, employee status depends on such things as:<br />
do you work at home or at a designated workplace?<br />
are you told what time to report to work?<br />
are you told what time to take lunch?<br />
are you told when you can leave?<br />
are there rules regarding dress-code, sexual harassment of co-workers, smoking, eating at your workstation, making personal phone calls, checking your facebook page.<br />
are you supplied with a computer or other tools of the trade or do you provide your own?<br />
do you exercise independent judgment about your work product or work under the direction and control of a "supervisor"?<br />
<br />
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.<br />
<br />
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.<br />
<br />
and, as I said above, you get absolutely none of the benefits of a loan-out, just the addeded expense and headaches.<br />
<br />
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.<br />
<br />
And when that day comes, we'll be here to help turn that around.<br />
<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-82566875327376491232011-10-04T12:39:00.000-07:002011-10-04T12:39:34.305-07:00InternshipsSeems 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.<br />
<br />
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. <br />
<br />
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.<br />
<br />
What is it like in visual effects? Is this a pervasive practice? What can we do to help??<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com1tag:blogger.com,1999:blog-3735034449493105270.post-47588790401464785442011-09-27T13:27:00.000-07:002011-09-27T13:27:10.144-07:00Unemployment in the deep south.....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.<br />
But in today's report, North and South Carolina, Mississippi, Alabama, Georgia and Florida have reported some of the highest rates of unemployment.<br />
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.<br />
Perhaps taking low-wage jobs is not the solution for our unemployment mess.<br />
I think this is just the tip of the iceberg. Let's see where this goes?<br />
jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-38409323149040033502011-09-27T13:16:00.000-07:002011-09-27T13:16:39.609-07:00Jersey Shore tax creditIn 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....)<br />
Governor Christie's actions were based on his conclusion that the show "....does nothing more than perpetuate misconceptions about the state and its citizens."<br />
So, now, politicians are censoring the content of productions which are seeking tax credits??? a very bad precedent has been set.<br />
<br />
(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!!<br />
stay tuned....<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0tag:blogger.com,1999:blog-3735034449493105270.post-57881542657788215682011-09-23T14:53:00.000-07:002011-09-23T14:53:21.634-07:00What we do bestI 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.<br />
What Dave and others are overlooking is our strong track record in representing workers in the entertainment industry.<br />
Here's what we do best.<br />
When a contract comes up for negotiation, here's what we do:<br />
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.<br />
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.<br />
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.<br />
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.)<br />
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!)<br />
Inevitably, we reach agreement.<br />
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. <br />
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.<br />
They'll tell. We did good. We did well. <br />
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.<br />
But one thing I can unequivocally guarantee. We'll fight for you. Individually and collectively.<br />
'Cause that's what we do best.<br />
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.<br />
It's what we do best.<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com6tag:blogger.com,1999:blog-3735034449493105270.post-31037835982769891012011-09-22T14:19:00.000-07:002011-09-22T14:19:06.012-07:00Trust........but verify.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.<br />
We'll type up the agreement.<br />
Jimmy<br />
vfx@iatse-intl.orgIA4thefuturehttp://www.blogger.com/profile/15902638447096995408noreply@blogger.com0