- May 25, 2021
- Collective Agreement Interpretation
In this decision, the BC Council of Unions made up of IATSE Local 891, Teamsters Local 155 and IATSE Local 669) grieved the sharing of department heads between two productions: Once Upon a Time and its spinoff production, Once Upon a Time in Wonderland. With regards to IATSE Local 891, the department heads included the Production Designer, Costume Designer, Construction Coordinator, Prop Master, Set Director and Special Affects. It was agreed between the Parties that although Stage 49 Ltd. is signatory to both Letters of adherence in these productions, each production represented a distinct employer.
The relevant provision for the IATSE Collective Agreement stated is Article A1.08 which states follows:
“Department Head: Each department utilized by an Employer in a production shall have on Department Head who is a member of that specific department unless a work permit is granted via Article Three Permits.”
The Employer stated that the reason the department heads were working in the dual capacity was that both productions shared common assets such as equipment, stages and offices. Furthermore, the storyline was similar, the creative look was the same, characters overlapped and both productions shared the same states, props and special effects.
The Arbitrator held that the plain and literal language of Article A1.08 did not address the issue of dual capacity. Additionally, the arbitrator found that the past practice was to allow department heads to work in dual capacity. The arbitrator also found that in bargaining the Employer had never agreed to language that would prevent Department Heads from working in a dual capacity and that any restrictions with respect to staffing requirements are a significant limitation on management rights and require clear and express language.
As a result of the foregoing, the arbitrator dismissed the grievance and held that Article A1.08 does not restrict Department Heads working in a dual capacity.