- May 25, 2021
- Collective Agreement Interpretation
In this decision dated February 5, 2018, the British Columbia Labour Relations Board granted an application by the Film Council and clarified the use of safe harbour arrangements.
The AMPTP and the CMPA-BC (collectively, the “Negotiating Producers”) sought a declaration that the Film Council is engaging in bad faith bargaining and sought an order directing the Film Council to enter into a safe harbour agreement on the same “presumptive” terms required by a previous decision in Canadian Affiliates of the Alliance of Motion Picture and Television Producers (the “2010 Order”),
The Film Council argued that the Board’s decision and 2010 Order imposed the practice of entering into safe harbour agreements presumptively, but not the terms of the agreement itself. The Film Council asked the Board to impose an agreement on the terms it proposed, and in the alternative fashion a fair agreement on reasonable terms.
Generally, safe harbour agreements are intended to facilitate certainty and stability in the film and television industry during collective bargaining. In the 2010 Order the Board held that safe harbour arrangements were necessary in future rounds of bargaining due to the competitive nature of the industry. In the absence of such safe harbour arrangements, productions could simply be moved to other jurisdictions rather than face risks.
The Board held that the 2010 Order does not impose the terms on which safe harbour will be granted, and imposes only the practice, in accordance with the express language of the 2010 Order, and the parties’ practice. As such the Board dismissed the Negotiating Producers application including the Bad Faith Bargaining complaint.
In imposing a safe harbour agreement, the Board confirmed that to ensure orders are effective the Board must determine whether the appropriate balance has been struck between industrial stability and the right to impose economic sanctions. The Board reviewed each of the Film Council’s proposals in order to determine whether a rebalancing was necessary. The Board agreed with the Film Council’s proposals to amend the definitions of “Demonstrated Commitment”, and impose a deadline to start principal photography with an added exception. The Board determined it was not necessary to include “housekeeping” proposals. The Board did not grant the proposal for retroactive wages.