AQTIS and AQPM v. DGC and IATSE Locals 514 and 667, 2015 QCCRT 0476 (September 18, 2015)

On June 1, 2015, the Alliance quebecoise des techniciens de l’image et du son (“AQTIS”) and the Association quebecoise de la production mediatique (“AQPM”) filed a joint application requesting that the Commission des relations du travail (“CRT”) give effect to an agreement between them regarding accreditations of AQTIS in Sector 1 pursuant to section 35 of An Act to amend the Act respecting the professional status and conditions of engagement of performing, recording and film artists and other legislative provisions, L.Q. 2009, c. 32 (the “2009 Act”) (the “AQTIS-AQPM Agreement”).

The 2009 Act provides that AQTIS is accredited to represent employees in Sector 1, which the 2009 Act subdivides into “video” and “film”

35. In the case of audiovisual productions that are film and television productions described in Schedule I to the Act respecting the professional status and conditions of engagement of performing, recording and film artists, the eight negotiating sectors and the recognized artists’ associations are as follows

(1) Negotiating sectors and recognized associations:

(a) Sectors 1: Sector 1 — Video (video and other media) and Sector 1— Film:

[…]

—          AQTIS:

—          the occupations that are deemed under paragraph 2 to be covered by section 1.2 of the Act respecting the professional status and conditions of engagement of performing, recording and film artists, except draftsperson and set designer; and

—          the other occupations covered by section 1.2 for the productions of that sector;

[…]

For the purposes of this section, the “Video (video and other media)” and “Film” subdivisions must be understood as consisting of the sectors recognized by the Commission de reconnaissance des associations d’artistes et des associations de producteurs.

(emphasis added)

AQTIS and AQPM argued that the division between video and film in Sector 1 was obsolete and, in fact, that they did not use the video/film distinction when bargaining. They argued that the CRT should revise the subdivisions to the extent that it concerns the accreditation of AQTIS in Sector 1 in accordance with the AQTIS-AQPM Agreement. The AQTIS-AQPM Agreement proposed to amend the subdivisions of the accreditation of AQTIS in Sector 1 such that, going forward, AQTIS’ accreditation in Sector 1 would be subdivided as follows into three subdivisions, rather than two (film/video):

    1. All artists working on a production falling within Sector 1 that is aimed principally and originally at commercial distribution in movie theatres and performing one or more of the functions listed in s. 1.2 of An Act Respecting the Professional Status and Conditions of Engagement of Performing, Recording and Film Artists, CQLR c S-32.1 (“the APS”).
    2. All artists working on a production falling within Sector 1 that is aimed principally and originally at distribution on a linear programing service holding a CRTC license and performing one or more of the functions listed in s. 1.2 of the APS.
    3. All artists working on a production falling within Sector 1 that is not aimed principally and originally at commercial distribution in movie theatres or the distribution on a linear programing service holding a CRTC license and performing one or more of the functions listed in s. 1.2 of the APS.

The application of AQTIS and AQPM was heard on June 1, 2015 with the applications for certification filed by the Quebec District Council of the Directors Guild of Canada (the “QC-DGC Applications”) (file no. CM-2014-2645, CM-2014-2646, CM-2014-3629 and CM-2014-4104), in which IATSE, Locals 514 and 667 had intervened.

The CRT considered whether it had the jurisdiction to give effect to the AQTIS-AQPM Agreement. It held that it did pursuant to ss. 43 and 58 of the 2009 Act. However, the CRT noted that s. 58 of the 2009 Act could not be used to modify of broaden the scope of a sector of negotiation defined by the CRT or legislation.

The CRT held that the AQTIS-AQPM Agreement did not have the effect of modifying, restricting or broadening AQTIS’ accreditation in Sector 1 since the three new proposed subdivisions covered the same functions as the current two; as such, the CRT gave effect to the agreement.

[NOTE: THE SUBDIVISIONS PROPOSED BY AQTIS IN THIS CASE MIRROR THE BARGAINING UNITS THAT THE QC-DGC IS SEEKING TO REPRESENT IN 2015 QCCRT 0479]

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