- May 25, 2021
- Collective Agreement Interpretation
The Film Council claimed that the Employer breached the Collective Agreement when it failed to pay wages in accordance with the “lag period” set out in Article 3.01 of the Supplemental Master Agreement. Article 3.01 provided that “The scale minimum wages applicable in the third (3rd) and subsequent seasons of a Television Series shall lag by one (1) year…”. When the production on “Psych” – Season 4 commenced on March 31, 2009, the Employer continued paying the 2007-2008 wages rates — which the Union argued was a two-year lag. The Employer argued that the “lag period” that was in place at the expiry of the Collective Agreement remained in force as a result of the continuation clause and the Safe Harbour agreement that was negotiated on the agreement’s expiry. The arbitrator accepted the Council’s grievance. The Employer’s reading of Article 3.01 rendered it of no force and effect until a new collective agreement had been negotiated, freezing the existing terms and conditions of the collective agreement and essentially amending the meaning of the word “season”. The purpose of a continuation clause is to ensure that a collective agreement remains dynamic, not static or frozen. Accordingly, the 2008 wage scale was triggered at the commencement of the 2009 Season 4.