- June 11, 2021
- Collective Agreement Interpretation
(decision dated April 22, 2020 of Arbitrator Norman Brand)
In this April 22, 2020 arbitration decision, Arbitrator Brand considered a grievance of IATSE Local 600 alleging the employer failed to properly pay and employ a number of individuals for their work on “Rush Hour”.
Ultimately Arbitrator Brand determined that a Camera Operator or aerial DP/Camera Operator who is flying a camera drone, with a locked off camera for POV shots, or for aerial photography when another Camera Operator is operating the camera attached to the drone, is employed by the producer to do work covered by the Local 600 agreement and is entitled to the benefits of that agreement. A Camera Operator controlling the camera attached to the drone doing aerial photography is employed by the Producer to do work covered by the Agreement and entitled to the benefits of the agreement. Lastly, a Camera Assistant/Tech who prepares or maintains the drone camera for operating purposes is employed by the Producer to do work covered by the Local 600 agreement.
Arbitrator Brand found that this work could be subcontracted where a drone and camera crew is employed by a third-party in a separate and distinct production unit and is not subject to the immediate direction and control of the Producer’s Director, DP or other supervisory personnel. In coming to this decision Arbitrator Brand reviewed the language of the Agreement, evidence of the employment relationships between the entities and applicable contracts/invoices. Warner Brothers violated Article 1 of the Local 600 Producer Agreement when it employed the two grievants Nowell and de Lespinois who performed work described in the definitions and duties of the job classifications of the agreement. Warner Brothers did not subcontract with Helinet. Warner Brothers also violated article 1 of the Local 600- Producer Agreement when it employed a crew consisting of FitzMaurice Gluckman and Graff on October 5, 2015 to perform work described in the definitions and duties of the job classifications. It did not subcontract to Helinet.