- May 25, 2021
- Collective Agreement Interpretation
Deluxe was contracted by TIFF to perform a quality control check of the Digital Cinema Package (“DCP”) drives submitted to TIFF by film makers that were screening their movies during the festival. This quality control check included the generation of “keys” to ensure the security of the digital content, 24-hour technical support, the fixing of any digital coding errors in the DCP as well as the physical verification of sound and picture quality. Historically, physical verification of sound and picture quality was performed by IATSE members in relation to 35 mm films or HD Cam films.
There were two issues to be dealt with in this grievance. The first issue was whether the physical verification work was bargaining unit work and the second issue was whether TIFF had the right to contract the work at issue out under the Collective Agreement. The Arbitrator dismissed the grievance on the basis of the first issue. As a result she declined to make a determination on the second issue. In determining whether the work in dispute was bargaining unit work, the Arbitrator held that the work claimed by IATSE must be done as a composite process with the other tasks that Deluxe was contracted for. The Arbitrator held that the tasks in relation to 35mm and HD cams are different than the same tasks in relation to DCP. In particular she held total tasks performed by Deluxe are inseverable from one another in the DCP format.