Additional Payments and Deductions. In addition to the remuneration payable under Articles Seven, Eight, Nine, Ten, Eleven, Twelve and Thirteen of this Agreement, the Company shall pay or deduct: (a) To all Employees working in Features, an amount equal to eight percent (8%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration. (b) To all Employees working in Television, an amount equal to six percent (6%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration. (c) To the Trustees of the IATSE Local 873 Health and Welfare Trust, an amount equal to four percent (4%) of each Employee’s total weekly wages plus an additional twelve dollars ($12.00) per day as Health and Welfare benefits, except that for Employees who are not Members of the Union (non-Member Employees), in lieu of an amount in respect of Health and Welfare benefits, the Company shall instead pay four percent (4%) of that person’s total weekly wages plus an additional twelve dollars ($12.00) per day directly to such non- Member Employees. The Company shall forward these payments directly to the Trustees of the IATSE Local 873 Health and Welfare Trust on a weekly basis with a complete remittance breakdown. (d) To all Employees working in Features, an amount equal to seven percent (7%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven percent (7%) of gross wages directly to such non-Member Employees. (e) To all Employees working in Television, an amount equal to seven percent (7%) of their total weekly wages as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven percent (7%) of total weekly wages directly to such non- Member Employees. (f) From all Employees working in Features, except non-Member Employees, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (g) From all Employees working in Television, except non-Member Employees, an amount equal to six percent (6%) of their total weekly wages as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (h) From all non-Member Employees working in Features, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (i) From all non-Member Employees working in Television, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their total weekly wages in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (j) To the Union, an amount equal to two percent (2%) of each Employee’s total weekly wages working in Features for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (k) To the Union, an amount equal to three dollars and fifty cents ($3.50) per day per Employee working in Television for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown. (l) From all Employees covered by this Agreement, the Company shall deduct an amount for dues and contributions to the Union, as the Union may from time to time direct the Company in writing. The Company shall forward this deduction directly to the Union on a weekly basis with a complete remittance breakdown. The Union will save the Company harmless from any and all claims that may be made against the Company for amounts deducted for dues and contributions. (m) The Company shall make all Employer Contributions required by law under the Workplace Safety and Insurance Act (Ontario), Canada Pension Plan (Canada), Employment Insurance Act (Canada), Employer Health Tax (Ontario) and any similar plan or legislation applicable from time to time. (n) In order to secure performance of the Company’s payroll obligations under this Agreement, the parties agree as follows: (1) In the event that a Company (i) has filed for bankruptcy protection or had a trustee/receiver appointed to handle its affairs within five (5) years prior to the commencement of principal photography on a given production; (ii) has no prior history with the Union (IATSE Local 873); or (iii) fails to make payroll in a given payroll period, the Union may require such Company to deposit with a payroll company of the Company’s choosing or with the Union directly an amount equal to two (2) weeks of estimated payroll plus two (2) weeks of estimated pension, health, vacation pay, Benevolent Fund and training contributions (hereinafter referred to as ‘Contributions’) for covered employees. Such amount shall be used solely for the purpose of satisfying amounts owed to cover employees and/or benefit plan(s), as applicable, under this Agreement. (2) The Company shall provide the Union with written verification of the payroll company’s consent to hold the deposit, which must be executed by the payroll company. In the event the Company is unable to furnish this written verification, the Company shall deposit the amounts contemplated in subparagraph (1) above with the Union directly. (3) No later than four (4) weeks after the completion of principal photography for the production, the Union shall advise the Company of any outstanding payroll obligations to the employees employed on the production and/or the respective benefit plan(s). Upon the expiration of such four (4) week period, the Union, or the payroll company with the approval of the Union, shall remit the amounts due for any undisputed items to the employee(s) to whom and/or benefit plan(s) to which such amounts are due and shall remit the balance of the deposit to the Company, less an amount sufficient to pay the disputed payroll items, if any. (4) Any amounts relating to disputed wage claims and/or Contributions shall remain deposited with the payroll company and/or the Union pending the settlement or resolution pursuant to the grievance arbitration process of this Agreement. For purposes of any arbitration hereunder, the arbitrator shall have the power to determine only claims relating to the payment of wages and Contributions thereon. (5) The foregoing shall not apply to any Company on the list of signatories supplied to Local 873 on January 18, 2021, as amended, nor to any entity related to or affiliated with those Companies, including any related production service entities. (6) In lieu of making a deposit as required above, a signatory producer may obtain and provide to the Union a letter of guarantee from any commercial financial institution or from a Company as described in subparagraph (5) above, or its related or affiliated entities, stating that it unconditionally guarantees the fulfillment of payroll obligations and Contributions due employees under this Agreement with respect to a particular motion picture. (7) In the event that a Company fails to make a required deposit as set forth herein, the Union may direct the covered employees to withhold services from that Company on the production from which the deposit is sought until the deposit is made or a letter of guarantee is provided as set forth in Article 14(n)(6) above. (o) The Union shall have the right to reallocate fringe contributions to the health plan under this Collective Agreement, subject to the following: (1) There shall only be one (1) fringe reallocation during the term of this Agreement. (2) The Union shall provide the Producer ninety (90) days’ notice prior to implementing any reallocation of fringes. (3) Any reallocation of fringes cannot reduce any fringe contribution below any legislative requirement. (4) This provision shall sunset upon the expiry of this Agreement. (p) For Network Long Form Television Productions, and for the first two seasons of Network Episodic Series including the Series Pilot, if any, the total fringe rate shall be fourteen percent (14%) plus an additional twelve dollars ($12.00) per day as Health and Welfare Benefits and $2.00 per day per Employee contribution to the Benevolent Fund. (q) The Company shall contribute five cents ($.05) per hour (except that the Company shall contribute seven cents ($.07) per hour on Features that commence principal photography on or after April 1, 2021) to the Toronto Motion Picture Technicians’ Training Centre up to the following maximums: (i) $1,500 per television episode, High Budget SVOD Program or episode, MOW, miniseries part or home video; (ii) No more than $10,000 per feature or miniseries; (iii) No more than $10,000 per season for each episodic television series or High Budget SVOD series (except no more than $20,000 per season for seasons of an episodic television series or High Budget SVOD series, the first episode of which commences principal photography on or after April 1, 2021); (iv) No contributions for pilots or new media productions other than High Budget SVOD productions, as described in items (i) though (iii) above; and (v) Flats are to be based on a twelve (12) hour day. The Training Centre shall provide an annual report of its operations to the Companies, including but not limited to its annual financial statement, an itemized report of its expenditures, the number, name and nature of courses or programs given and the number of people who completed such courses or programs. It is understood that the Training Centre shall give the Companies the opportunity to review any new safety training courses offered. The Companies agree that matters relating to any training course or program curriculums made available by the Training Centre shall be referred to the Joint Cooperative Committee on Safety and Training contemplated by Sideletter #3, including but not limited to the adaptation of CSATF’s Safety Courses “A” and “A-2” for compliance with Ontario Health and Safety laws. The Companies encourage the Training Centre to develop a recordkeeping system which includes the names of employees who have taken courses or programs offered through the Centre, the name or other identification of the course(s) or program(s) taken and the date(s) on which said courses or program(s) were completed. Until such time as a system is developed, the Union agrees that upon request of a Company, it shall provide to the Company information and documents confirming an Employee’s completion of courses offered through the Training Centre. The Union and/or Training Centre shall advise the Companies if any applicable privacy legislation precludes the disclosure of said information and documentation and, in that event, the Union and/or Training Centre agrees to take the steps necessary to provide said information and documentation to the Companies. This provision shall automatically terminate upon expiration of the 2021-2024 Local 873 Long Term Agreement. (r) Following are tables showing the existing fringe rates: Long Term Agreement Fringe Table Feature Film Network Long-Form Television Productions Network Episodic Series (First and Second Seasons including the Series Pilot, if any) Network Episodic Series (Third and Subsequent Seasons) Vacation Pay 8% 4% 4% 6% Pension 7%* 6% 6% 7% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund 2% $2.00/day $2.00/day $3.50/day *of gross weekly wages (total wages + vacation + health) Vacation Pay 4% 6% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $3.50/day $3.50/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Home Video, Pilots Made for Network, Syndication or Basic Cable and Long Form Television Made for Basic Cable Syndicated and Cable Television Series First Season Second Season Third and Subsequent Seasons Vacation Pay 4% 4% 5% 6% Pension 6% 6% 6% 6% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund $2.00/day $2.00/day $2.00/day $3.50/day
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Additional Payments and Deductions. In addition to the remuneration payable under Articles Seven, Eight, Nine, Ten, Eleven, Twelve and Thirteen of this Agreement, the Company shall pay or deduct:
(a) To all Employees working in Features, an amount equal to eight percent (8%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(b) To all Employees working in Television, an amount equal to six percent (6%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(c) To the Trustees of the IATSE Local 873 Health and Welfare TrustUnion, an amount equal to four percent (4%) of each Employee’s Employees total weekly wages plus an additional twelve dollars ($12.00) per day as Health and Welfare benefits, except that for Employees who are not Members of the Union (non-Member Employees), in lieu of an amount in respect of Health and Welfare benefits, the Company shall instead pay four percent (4%) of that person’s 's total weekly wages plus directly to such non-Member Employees. In addition to the above amounts, except for employment on New Media Productions as defined in Sideletter #5, the Company shall pay an additional twelve dollars Twelve Dollars ($12.0012) per day directly to such non- Member Employeesas Health and Welfare Benefits. The Company shall forward these payments directly to the Trustees of the IATSE Local 873 Health and Welfare Trust Union on a weekly basis with a complete remittance breakdown.
(d) To all Employees working in Features, an amount equal to seven six percent (76%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of gross wages directly to such non-Member Employees.
(e) To all Employees working in Television, an amount equal to seven six percent (76%) of their total weekly wages as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-non- Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of total weekly wages directly to such non- non-Member Employees.
(f) From all Employees working in Features, except non-Member Employees, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(g) From all Employees working in Television, except non-Member Employees, an amount equal to six percent (6%) of their total weekly wages as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(h) From all non-Member Employees working in Features, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(i) From all non-Member Employees working in Television, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their total weekly wages in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(j) To the Union, an amount equal to two percent (2%) of each Employee’s Employees total weekly wages working in Features for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(k) To the Union, an amount equal to three dollars and fifty cents ($3.50) per day per Employee working in Television for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(l) From all Employees Employees, covered by this Agreement, the Company shall deduct an amount for dues and contributions to the Union, as the Union may from time to time direct the Company in writing. The Company shall forward this deduction directly to the Union on a weekly basis with a complete remittance breakdown. The Union will save the Company harmless from any and all claims that may be made against the Company for amounts deducted for dues and contributions.
(m) The Company shall make all Employer Contributions required by law under the Workplace Safety and Insurance Act (Ontario), Canada Pension Plan (Canada), Employment Insurance Act (Canada), ) Employer Health Tax (Ontario) and any similar plan or legislation applicable from time to time.
(n) In order Notwithstanding any provisions in this Agreement or any Individual Employment Contract signed by an Employee, the Company agrees that no Employee shall be required to secure performance start work prior to the signing of a Pre-production Collective Agreement with the Union, and providing security against wages and/or any other financial liabilities, the Company shall provide the Union with either of the Company’s payroll obligations under this Agreement, the parties agree as followsfollowing:
(1) a corporate letter of guarantee in a form acceptable to the Union, or;
(2) a cash bond of Twenty-Five Thousand dollars ($25,000) on a production by production basis, or;
(3) a floating cash bond of Thirty Thousand dollars ($30,000) with interest flowing back to the Company. In the event of the Company's failure to post the appropriate Performance Bond and/or sign the appropriate Collective Agreements, the Union and its Members are under no obligation to provide services to the Company and the Union is under no obligation to avert any work stoppages. The Performance Bond (plus accrued interest) shall not be released before a minimum of two (2) weeks has elapsed after the last Employee has finished, and not before Separation Certificates and Income Tax Receipts (T4 Slips) have been issued to all Employees and the Company has satisfied all of the obligations of this Agreement, including the settlement of any outstanding grievances. Should an Arbitrator find that the Company has breached this Agreement, the Union may deduct from the amount of the Bond any monies that the Arbitrator determines are owing to Employees and/or the Union arising from a breach of this Agreement. Where applicable, the Union shall hold such monies in a financially responsible manner. Such security shall remain in place until the Company or any subsidiaries of the Company have fulfilled all financial liabilities to the Union and its Members. The particular security must be posted with the Union not later than three (i3) has filed for bankruptcy protection or had a trustee/receiver appointed to handle its affairs within five (5) years calendar weeks prior to the commencement of principal photography on a given of any production; . The Union shall return any monies or any unclaimed portion thereof, within fifteen (ii15) has no prior history with days of the Union (IATSE Local 873); or (iii) fails to make payroll in a given payroll period, the Union may require such Company to deposit with a payroll company of the Company’s choosing or with the Union directly an amount equal to two (2) weeks of estimated payroll plus two (2) weeks of estimated pension, health, vacation pay, Benevolent Fund receiving and training contributions (hereinafter referred to as ‘Contributions’) for covered employees. Such amount shall be used solely for the purpose of satisfying amounts owed to cover employees and/or benefit plan(s), as applicable, under this Agreement.
(2) The Company shall provide the Union with written verification of the payroll company’s consent to hold the deposit, which must be executed by the payroll company. In the event itself that the Company is unable to furnish this written verification, the Company shall deposit the amounts contemplated in subparagraph (1) above with the Union directly.
(3) No later than four (4) weeks after the completion of principal photography for the production, the Union shall advise the Company of any outstanding payroll has met all its financial obligations to the employees employed on the production and/or the respective benefit plan(s). Upon the expiration of such four (4) week period, the Union, or the payroll company with the approval of the Union, shall remit the amounts due for any undisputed items to the employee(s) to whom and/or benefit plan(s) to which such amounts are due Union and shall remit the balance of the deposit to the Company, less an amount sufficient to pay the disputed payroll items, if any.
(4) Any amounts relating to disputed wage claims and/or Contributions shall remain deposited with the payroll company and/or the Union pending the settlement or resolution pursuant to the grievance arbitration process of this Agreement. For purposes of any arbitration hereunder, the arbitrator shall have the power to determine only claims relating to the payment of wages and Contributions thereon.
(5) The foregoing shall not apply to any Company on the list of signatories supplied to Local 873 on January 18, 2021, as amended, nor to any entity related to or affiliated with those Companies, including any related production service entities.
(6) In lieu of making a deposit as required above, a signatory producer may obtain and provide to the Union a letter of guarantee from any commercial financial institution or from a Company as described in subparagraph (5) above, or its related or affiliated entities, stating that it unconditionally guarantees the fulfillment of payroll obligations and Contributions due employees under this Agreement with respect to a particular motion picture.
(7) In the event that a Company fails to make a required deposit as set forth herein, the Union may direct the covered employees to withhold services from that Company on the production from which the deposit is sought until the deposit is made or a letter of guarantee is provided as set forth in Article 14(n)(6) aboveMembers.
(o) The Union shall have the right to reallocate fringe contributions to the health plan under this Collective Agreement, subject to the following:
(1i) There shall only be one (1) fringe reallocation during the term of this Agreement.
(2ii) The Union shall provide the Producer ninety (90) days’ days notice prior to implementing any reallocation of fringes.
(3iii) Any reallocation of fringes cannot reduce any fringe contribution below any legislative requirement.
(4iv) This provision shall sunset upon the expiry of this Agreement.
(p) For Network Long Long-Form Television Productions, and for the first two seasons twenty-six (26) episodes of Network Episodic Series including the Series Pilot, Pilot if any, regardless of season, the total fringe rate shall be fourteen percent (14%) plus an additional twelve dollars ($12.00) per day as Health and Welfare Benefits and the Benevolent Fund contribution shall be $2.00 per day day, per Employee contribution to the Benevolent FundEmployee.
(q) The Company shall contribute five cents ($.05) per hour (except that the Company shall contribute seven cents ($.07) per hour on Features that commence principal photography on or after April 1Effective March 31, 2021) 2013 – Additional 0.5% allocated to the Toronto Motion Picture Technicians’ Training Centre up Health and Welfare and/or retirement and only applicable to the following maximums:
(i) $1,500 per television episode, High Budget SVOD Program or episode, MOW, miniseries part or home video;
(ii) No more than $10,000 per feature or miniseries;
(iii) No more than $10,000 per season for each episodic television series or High Budget SVOD Theatrical and Network TV series (except no more than $20,000 per season for seasons of an episodic television series or High Budget SVOD seriesexcluding Pilots). Effective March 30, the first episode of which commences principal photography on or after April 1, 2021);
(iv) No contributions for pilots or new media productions other than High Budget SVOD productions, as described in items (i) though (iii) above; and
(v) Flats are 2014 – Additional 0.5% allocated to be based on a twelve (12) hour day. The Training Centre shall provide an annual report of its operations to the Companies, including but not limited to its annual financial statement, an itemized report of its expenditures, the number, name and nature of courses or programs given and the number of people who completed such courses or programs. It is understood that the Training Centre shall give the Companies the opportunity to review any new safety training courses offered. The Companies agree that matters relating to any training course or program curriculums made available by the Training Centre shall be referred to the Joint Cooperative Committee on Safety and Training contemplated by Sideletter #3, including but not limited to the adaptation of CSATF’s Safety Courses “A” and “A-2” for compliance with Ontario Health and Safety laws. The Companies encourage the Training Centre Welfare and/or retirement and only applicable to develop a recordkeeping system which includes the names of employees who have taken courses or programs offered through the Centre, the name or other identification of the course(s) or program(s) taken Theatrical and the date(s) on which said courses or program(s) were completed. Until such time as a system is developed, the Union agrees that upon request of a Company, it shall provide to the Company information and documents confirming an Employee’s completion of courses offered through the Training Centre. The Union and/or Training Centre shall advise the Companies if any applicable privacy legislation precludes the disclosure of said information and documentation and, in that event, the Union and/or Training Centre agrees to take the steps necessary to provide said information and documentation to the Companies. This provision shall automatically terminate upon expiration of the 2021-2024 Local 873 Long Term AgreementNetwork TV series (excluding Pilots).
(r) Following are tables showing the existing fringe rates: Long Term Agreement Fringe Table Feature Film Network Long-Form Television Productions Network Episodic Series (First and Second Seasons including the Series Pilot, if any) Network Episodic Series (Third and Subsequent Seasons) Vacation Pay 8% 4% 4% 6% Pension 7%* 6% 6% 7% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund 2% $2.00/day $2.00/day $3.50/day *of gross weekly wages (total wages + vacation + health) Vacation Pay 4% 6% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $3.50/day $3.50/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Home Video, Pilots Made for Network, Syndication or Basic Cable and Long Form Television Made for Basic Cable Syndicated and Cable Television Series First Season Second Season Third and Subsequent Seasons Vacation Pay 4% 4% 5% 6% Pension 6% 6% 6% 6% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund $2.00/day $2.00/day $2.00/day $3.50/day
Appears in 1 contract
Samples: Collective Agreement
Additional Payments and Deductions. In addition to the remuneration payable under Articles Seven, Eight, Nine, Ten, Eleven, Twelve and Thirteen of this Agreement, the Company shall pay or deduct:
(a) To all Employees working in Features, an amount equal to eight Eight percent (8%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(b) To all Employees working in Television, an amount equal to six percent (6%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(c) To the Trustees of the IATSE Local 873 Health and Welfare TrustUnion, an amount equal to four three percent (43%) of each Employee’s total weekly wages plus an additional twelve dollars ($12.00) per day as Health and Welfare benefits, except that for Employees who are not Members of the Union (nonNon-Member member Employees), in lieu of an amount in respect of Health and Welfare benefits, the Company shall instead pay four three percent (43%) of that person’s 's total weekly wages plus an additional twelve dollars ($12.00) per day directly to such non- Member Non-member Employees. Effective April 1, 2007, this amount will be increased by an additional one-half percent (0.5%) for a total contribution of three and one-half percent (3.5%). Effective March 30, 2008, this amount will be increase by an additional one-half percent (0.5%) for a total contribution of four percent (4.0%). The Company shall forward these payments this payment directly to the Trustees of the IATSE Local 873 Health and Welfare Trust Union on a weekly basis with a complete remittance breakdown.
(d) To all Employees working in Features, an amount equal to seven six percent (76%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of gross wages directly to such non-Member member Employees.
(e) To all Employees working in Television, an amount equal to seven six percent (76%) of their total weekly wages as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of total weekly wages directly to such non- Member non-member Employees.
(f) From all Employees working in Features, except non-Member member Employees, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(g) From all Employees working in Television, except non-Member member Employees, an amount equal to six percent (6%) of their total weekly wages as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(h) From all non-Member member Employees working in Features, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(i) From all non-Member member Employees working in Television, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their total weekly wages in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(j) To the Union, an amount equal to two percent (2%) of each Employee’s total weekly wages working in Features for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(k) To the Union, an amount equal to three dollars and fifty cents ($3.50) per day per Employee working in Television for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(l) From all Employees covered by this AgreementEmployees, the Company shall deduct an amount for dues and contributions to the Union, as the Union may from time to time direct the Company in writing. The Company shall forward this deduction directly to the Union on a weekly basis with a complete remittance breakdown. The Union will save the Company harmless from any and all claims that may be made against the Company for amounts deducted for dues and contributions.
(m) The Company shall make all Employer Contributions required by law under the Workplace Safety and Insurance Act (Ontario), Canada Pension Plan (Canada), Employment Insurance Act (Canada), ) Employer Health Tax (Ontario) and any similar plan or legislation applicable from time to time.
(n) In order Notwithstanding any provisions in this Agreement or any Individual Employment Contract signed by an Employee, the Company agrees that no Employee shall be required to secure performance start work prior to the signing of a Preproduction Collective Agreement with the Union, and providing security against wages and/or any other financial liabilities, the Company shall provide the Union with any of the Company’s payroll obligations under this Agreement, the parties agree as followsfollowing:
(1) a corporate letter of guarantee in a form acceptable to the Union, or;
(2) a cash bond of Twenty-Five Thousand dollars ($25,000) on a production by production basis, or;
(3) a floating cash bond of Thirty Thousand dollars ($30,000) with interest flowing back to the Company. In the event of the Company's failure to post the appropriate Performance Bond and/or sign the appropriate Collective Agreements, the Union and its Members are under no obligation to provide services to the Company and the Union is under no obligation to avert any work stoppages. The Performance Bond (plus accrued interest) shall not be released before a minimum of two (2) weeks has elapsed after the last Employee has finished, and not before Separation Certificates and Income Tax Receipts (T4 Slips) have been issued to all Employees and the Company has satisfied all of the obligations of this Agreement, including the settlement of any outstanding grievances. Should an Arbitrator find that the Company has breached this Agreement, the Union may deduct from the amount of the Bond any monies that the Arbitrator determines are owing to Employees and/or the Union arising from a breach of this Agreement. Where applicable, the Union shall hold such monies in a financially responsible manner. Such security shall remain in place until the Company or any subsidiaries of the Company have fulfilled all financial liabilities to the Union and its Members. The particular security must be posted with the Union not later than three (i3) has filed for bankruptcy protection or had a trustee/receiver appointed to handle its affairs within five (5) years calendar weeks prior to the commencement of principal photography on a given production; (ii) has no prior history with the Union (IATSE Local 873); or (iii) fails to make payroll in a given payroll period, the Union may require such Company to deposit with a payroll company of the Company’s choosing or with the Union directly an amount equal to two (2) weeks of estimated payroll plus two (2) weeks of estimated pension, health, vacation pay, Benevolent Fund and training contributions (hereinafter referred to as ‘Contributions’) for covered employees. Such amount shall be used solely for the purpose of satisfying amounts owed to cover employees and/or benefit plan(s), as applicable, under this Agreement.
(2) The Company shall provide the Union with written verification of the payroll company’s consent to hold the deposit, which must be executed by the payroll company. In the event the Company is unable to furnish this written verification, the Company shall deposit the amounts contemplated in subparagraph (1) above with the Union directly.
(3) No later than four (4) weeks after the completion of principal photography for the production, the Union shall advise the Company of any outstanding payroll obligations to the employees employed on the production and/or the respective benefit plan(s)production. Upon the expiration of such four (4) week period, the Union, or the payroll company with the approval of the Union, shall remit the amounts due for any undisputed items to the employee(s) to whom and/or benefit plan(s) to which such amounts are due and shall remit the balance of the deposit to the Company, less an amount sufficient to pay the disputed payroll items, if any.
(4) Any amounts relating to disputed wage claims and/or Contributions shall remain deposited with the payroll company and/or the Union pending the settlement or resolution pursuant to the grievance arbitration process of this Agreement. For purposes of any arbitration hereunder, the arbitrator shall have the power to determine only claims relating to the payment of wages and Contributions thereon.
(5) The foregoing shall not apply to any Company on the list of signatories supplied to Local 873 on January 18, 2021, as amended, nor to any entity related to or affiliated with those Companies, including any related production service entities.
(6) In lieu of making a deposit as required above, a signatory producer may obtain and provide to the Union a letter of guarantee from any commercial financial institution or from a Company as described in subparagraph (5) above, or its related or affiliated entities, stating that it unconditionally guarantees the fulfillment of payroll obligations and Contributions due employees under this Agreement with respect to a particular motion picture.
(7) In the event that a Company fails to make a required deposit as set forth herein, the Union may direct the covered employees to withhold services from that Company on the production from which the deposit is sought until the deposit is made or a letter of guarantee is provided as set forth in Article 14(n)(6) above.
(o) The Union shall have the right to reallocate fringe contributions to the health plan under this Collective Agreementreturn any monies or any unclaimed portion thereof, subject to the following:
(1) There shall only be one (1) fringe reallocation during the term of this Agreement.
(2) The Union shall provide the Producer ninety (90) days’ notice prior to implementing any reallocation of fringes.
(3) Any reallocation of fringes cannot reduce any fringe contribution below any legislative requirement.
(4) This provision shall sunset upon the expiry of this Agreement.
(p) For Network Long Form Television Productions, and for the first two seasons of Network Episodic Series including the Series Pilot, if any, the total fringe rate shall be fourteen percent (14%) plus an additional twelve dollars ($12.00) per day as Health and Welfare Benefits and $2.00 per day per Employee contribution to the Benevolent Fund.
(q) The Company shall contribute five cents ($.05) per hour (except that the Company shall contribute seven cents ($.07) per hour on Features that commence principal photography on or after April 1, 2021) to the Toronto Motion Picture Technicians’ Training Centre up to the following maximums:
(i) $1,500 per television episode, High Budget SVOD Program or episode, MOW, miniseries part or home video;
(ii) No more than $10,000 per feature or miniseries;
(iii) No more than $10,000 per season for each episodic television series or High Budget SVOD series (except no more than $20,000 per season for seasons of an episodic television series or High Budget SVOD series, the first episode of which commences principal photography on or after April 1, 2021);
(iv) No contributions for pilots or new media productions other than High Budget SVOD productions, as described in items (i) though (iii) above; and
(v) Flats are to be based on a twelve (12) hour day. The Training Centre shall provide an annual report of its operations to the Companies, including but not limited to its annual financial statement, an itemized report of its expenditures, the number, name and nature of courses or programs given and the number of people who completed such courses or programs. It is understood that the Training Centre shall give the Companies the opportunity to review any new safety training courses offered. The Companies agree that matters relating to any training course or program curriculums made available by the Training Centre shall be referred to the Joint Cooperative Committee on Safety and Training contemplated by Sideletter #3, including but not limited to the adaptation of CSATF’s Safety Courses “A” and “A-2” for compliance with Ontario Health and Safety laws. The Companies encourage the Training Centre to develop a recordkeeping system which includes the names of employees who have taken courses or programs offered through the Centre, the name or other identification of the course(s) or program(s) taken and the date(s) on which said courses or program(s) were completed. Until such time as a system is developed, the Union agrees that upon request of a Company, it shall provide to the Company information and documents confirming an Employee’s completion of courses offered through the Training Centre. The Union and/or Training Centre shall advise the Companies if any applicable privacy legislation precludes the disclosure of said information and documentation and, in that event, the Union and/or Training Centre agrees to take the steps necessary to provide said information and documentation to the Companies. This provision shall automatically terminate upon expiration of the 2021-2024 Local 873 Long Term Agreement.
(r) Following are tables showing the existing fringe rates: Long Term Agreement Fringe Table Feature Film Network Long-Form Television Productions Network Episodic Series (First and Second Seasons including the Series Pilot, if any) Network Episodic Series (Third and Subsequent Seasons) Vacation Pay 8% 4% 4% 6% Pension 7%* 6% 6% 7% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund 2% $2.00/day $2.00/day $3.50/day *of gross weekly wages (total wages + vacation + health) Vacation Pay 4% 6% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $3.50/day $3.50/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Home Video, Pilots Made for Network, Syndication or Basic Cable and Long Form Television Made for Basic Cable Syndicated and Cable Television Series First Season Second Season Third and Subsequent Seasons Vacation Pay 4% 4% 5% 6% Pension 6% 6% 6% 6% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund $2.00/day $2.00/day $2.00/day $3.50/daywithin fifteen
Appears in 1 contract
Samples: Collective Agreement
Additional Payments and Deductions. In addition to the remuneration payable under Articles Seven, Eight, Nine, Ten, Eleven, Twelve and Thirteen of this Agreement, the Company shall pay or deduct:
(a) To all Employees working in Features, an amount equal to eight percent (8%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(b) To all Employees working in Television, an amount equal to six percent (6%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(c) To the Trustees of the IATSE Local 873 Health and Welfare TrustUnion, an amount equal to four percent (4%) of each Employee’s Employees total weekly wages plus an additional twelve dollars ($12.00) per day as Health and Welfare benefits, except that for Employees who are not Members of the Union (non-Member member Employees), in lieu of an amount in respect of Health and Welfare benefits, the Company shall instead pay four percent (4%) of that person’s 's total weekly wages plus directly to such non-member Employees. In addition to the above amounts, except for employment on New Media Productions as defined in Sideletter #6, effective November 1, 2009, the Company shall pay an additional twelve dollars Four Dollars ($12.004) per day directly as Health and Welfare Benefits. Effective April 4, 2010 this amount will increase to such non- Member EmployeesEight Dollars ($8) per day. Effective April 3, 2011, this amount will increase to Twelve Dollars ($12) per day. The Company shall forward these payments directly to the Trustees of the IATSE Local 873 Health and Welfare Trust Union on a weekly basis with a complete remittance breakdown.
(d) To all Employees working in Features, an amount equal to seven six percent (76%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of gross wages directly to such non-Member member Employees.
(e) To all Employees working in Television, an amount equal to seven six percent (76%) of their total weekly wages as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven six percent (76%) of total weekly wages directly to such non- Member non-member Employees.
(f) From all Employees working in Features, except non-Member member Employees, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(g) From all Employees working in Television, except non-Member member Employees, an amount equal to six percent (6%) of their total weekly wages as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(h) From all non-Member member Employees working in Features, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(i) From all non-Member member Employees working in Television, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their total weekly wages in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(j) To the Union, an amount equal to two percent (2%) of each Employee’s total weekly wages working in Features for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(k) To the Union, an amount equal to three dollars and fifty cents ($3.50) per day per Employee working in Television for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(l) From all Employees covered by this AgreementEmployees, the Company shall deduct an amount for dues and contributions to the Union, as the Union may from time to time direct the Company in writing. The Company shall forward this deduction directly to the Union on a weekly basis with a complete remittance breakdown. The Union will save the Company harmless from any and all claims that may be made against the Company for amounts deducted for dues and contributions.
(m) The Company shall make all Employer Contributions required by law under the Workplace Safety and Insurance Act (Ontario), Canada Pension Plan (Canada), Employment Insurance Act (Canada), ) Employer Health Tax (Ontario) and any similar plan or legislation applicable from time to time.
(n) In order Notwithstanding any provisions in this Agreement or any Individual Employment Contract signed by an Employee, the Company agrees that no Employee shall be required to secure performance start work prior to the signing of a Preproduction Collective Agreement with the Union, and providing security against wages and/or any other financial liabilities, the Company shall provide the Union with any of the Company’s payroll obligations under this Agreement, the parties agree as followsfollowing:
(1) a corporate letter of guarantee in a form acceptable to the Union, or;
(2) a cash bond of Twenty-Five Thousand dollars ($25,000) on a production by production basis, or;
(3) a floating cash bond of Thirty Thousand dollars ($30,000) with interest flowing back to the Company. In the event of the Company's failure to post the appropriate Performance Bond and/or sign the appropriate Collective Agreements, the Union and its Members are under no obligation to provide services to the Company and the Union is under no obligation to avert any work stoppages. The Performance Bond (plus accrued interest) shall not be released before a minimum of two (2) weeks has elapsed after the last Employee has finished, and not before Separation Certificates and Income Tax Receipts (T4 Slips) have been issued to all Employees and the Company has satisfied all of the obligations of this Agreement, including the settlement of any outstanding grievances. Should an Arbitrator find that the Company has breached this Agreement, the Union may deduct from the amount of the Bond any monies that the Arbitrator determines are owing to Employees and/or the Union arising from a breach of this Agreement. Where applicable, the Union shall hold such monies in a financially responsible manner. Such security shall remain in place until the Company or any subsidiaries of the Company have fulfilled all financial liabilities to the Union and its Members. The particular security must be posted with the Union not later than three (i3) has filed for bankruptcy protection or had a trustee/receiver appointed to handle its affairs within five (5) years calendar weeks prior to the commencement of principal photography on a given production; (ii) has no prior history with the Union (IATSE Local 873); or (iii) fails to make payroll in a given payroll period, the Union may require such Company to deposit with a payroll company of the Company’s choosing or with the Union directly an amount equal to two (2) weeks of estimated payroll plus two (2) weeks of estimated pension, health, vacation pay, Benevolent Fund and training contributions (hereinafter referred to as ‘Contributions’) for covered employees. Such amount shall be used solely for the purpose of satisfying amounts owed to cover employees and/or benefit plan(s), as applicable, under this Agreement.
(2) The Company shall provide the Union with written verification of the payroll company’s consent to hold the deposit, which must be executed by the payroll company. In the event the Company is unable to furnish this written verification, the Company shall deposit the amounts contemplated in subparagraph (1) above with the Union directly.
(3) No later than four (4) weeks after the completion of principal photography for the production, the Union shall advise the Company of any outstanding payroll obligations to the employees employed on the production and/or the respective benefit plan(s)production. Upon the expiration of such four (4) week period, the Union, or the payroll company with the approval of the Union, shall remit the amounts due for any undisputed items to the employee(s) to whom and/or benefit plan(s) to which such amounts are due and shall remit the balance of the deposit to the Company, less an amount sufficient to pay the disputed payroll items, if any.
(4) Any amounts relating to disputed wage claims and/or Contributions shall remain deposited with the payroll company and/or the Union pending the settlement or resolution pursuant to the grievance arbitration process of this Agreement. For purposes of any arbitration hereunder, the arbitrator shall have the power to determine only claims relating to the payment of wages and Contributions thereon.
(5) The foregoing shall not apply to any Company on the list of signatories supplied to Local 873 on January 18, 2021, as amended, nor to any entity related to or affiliated with those Companies, including any related production service entities.
(6) In lieu of making a deposit as required above, a signatory producer may obtain and provide to the Union a letter of guarantee from any commercial financial institution or from a Company as described in subparagraph (5) above, or its related or affiliated entities, stating that it unconditionally guarantees the fulfillment of payroll obligations and Contributions due employees under this Agreement with respect to a particular motion picture.
(7) In the event that a Company fails to make a required deposit as set forth herein, the Union may direct the covered employees to withhold services from that Company on the production from which the deposit is sought until the deposit is made or a letter of guarantee is provided as set forth in Article 14(n)(6) above.
(o) The Union shall have the right to reallocate fringe contributions to the health plan under this Collective Agreementreturn any monies or any unclaimed portion thereof, subject to the following:
(1) There shall only be one (1) fringe reallocation during the term of this Agreement.
(2) The Union shall provide the Producer ninety (90) days’ notice prior to implementing any reallocation of fringes.
(3) Any reallocation of fringes cannot reduce any fringe contribution below any legislative requirement.
(4) This provision shall sunset upon the expiry of this Agreement.
(p) For Network Long Form Television Productions, and for the first two seasons of Network Episodic Series including the Series Pilot, if any, the total fringe rate shall be fourteen percent (14%) plus an additional twelve dollars ($12.00) per day as Health and Welfare Benefits and $2.00 per day per Employee contribution to the Benevolent Fund.
(q) The Company shall contribute five cents ($.05) per hour (except that the Company shall contribute seven cents ($.07) per hour on Features that commence principal photography on or after April 1, 2021) to the Toronto Motion Picture Technicians’ Training Centre up to the following maximums:
(i) $1,500 per television episode, High Budget SVOD Program or episode, MOW, miniseries part or home video;
(ii) No more than $10,000 per feature or miniseries;
(iii) No more than $10,000 per season for each episodic television series or High Budget SVOD series (except no more than $20,000 per season for seasons of an episodic television series or High Budget SVOD series, the first episode of which commences principal photography on or after April 1, 2021);
(iv) No contributions for pilots or new media productions other than High Budget SVOD productions, as described in items (i) though (iii) above; and
(v) Flats are to be based on a twelve (12) hour day. The Training Centre shall provide an annual report of its operations to the Companies, including but not limited to its annual financial statement, an itemized report of its expenditures, the number, name and nature of courses or programs given and the number of people who completed such courses or programs. It is understood that the Training Centre shall give the Companies the opportunity to review any new safety training courses offered. The Companies agree that matters relating to any training course or program curriculums made available by the Training Centre shall be referred to the Joint Cooperative Committee on Safety and Training contemplated by Sideletter #3, including but not limited to the adaptation of CSATF’s Safety Courses “A” and “A-2” for compliance with Ontario Health and Safety laws. The Companies encourage the Training Centre to develop a recordkeeping system which includes the names of employees who have taken courses or programs offered through the Centre, the name or other identification of the course(s) or program(s) taken and the date(s) on which said courses or program(s) were completed. Until such time as a system is developed, the Union agrees that upon request of a Company, it shall provide to the Company information and documents confirming an Employee’s completion of courses offered through the Training Centre. The Union and/or Training Centre shall advise the Companies if any applicable privacy legislation precludes the disclosure of said information and documentation and, in that event, the Union and/or Training Centre agrees to take the steps necessary to provide said information and documentation to the Companies. This provision shall automatically terminate upon expiration of the 2021-2024 Local 873 Long Term Agreement.
(r) Following are tables showing the existing fringe rates: Long Term Agreement Fringe Table Feature Film Network Long-Form Television Productions Network Episodic Series (First and Second Seasons including the Series Pilot, if any) Network Episodic Series (Third and Subsequent Seasons) Vacation Pay 8% 4% 4% 6% Pension 7%* 6% 6% 7% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund 2% $2.00/day $2.00/day $3.50/day *of gross weekly wages (total wages + vacation + health) Vacation Pay 4% 6% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $3.50/day $3.50/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Home Video, Pilots Made for Network, Syndication or Basic Cable and Long Form Television Made for Basic Cable Syndicated and Cable Television Series First Season Second Season Third and Subsequent Seasons Vacation Pay 4% 4% 5% 6% Pension 6% 6% 6% 6% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund $2.00/day $2.00/day $2.00/day $3.50/daywithin fifteen
Appears in 1 contract
Samples: Collective Agreement
Additional Payments and Deductions. In addition to the remuneration payable under Articles Seven, Eight, Nine, Ten, Eleven, Twelve and Thirteen of this Agreement, the Company shall pay or deduct:
(a) To all Employees working in Features, an amount equal to eight percent (8%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(b) To all Employees working in Television, an amount equal to six percent (6%) of their total weekly wages as vacation pay. Such payments shall be paid weekly with regular remuneration.
(c) To the Trustees of the IATSE Local 873 Health and Welfare Trust, an amount equal to four percent (4%) of each Employee’s total weekly wages plus an additional twelve dollars ($12.00) per day as Health and Welfare benefits, except that for Employees who are not Members of the Union (non-Member Employees), in lieu of an amount in respect of Health and Welfare benefits, the Company shall instead pay four percent (4%) of that person’s 's total weekly wages plus an additional twelve dollars ($12.00) per day directly to such non- Member Employees. The Company shall forward these payments directly to the Trustees of the IATSE Local 873 Health and Welfare Trust on a weekly basis with a complete remittance breakdown.
(d) To all Employees working in Features, an amount equal to seven percent (7%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven percent (7%) of gross wages directly to such non-Member Employees.
(e) To all Employees working in Television, an amount equal to seven percent (7%) of their total weekly wages as retirement benefits. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown, except that for non-Member Employees, in lieu of an amount in respect of retirement benefits, the Company shall instead pay seven percent (7%) of total weekly wages directly to such non- Member Employees.
(f) From all Employees working in Features, except non-Member Employees, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(g) From all Employees working in Television, except non-Member Employees, an amount equal to six percent (6%) of their total weekly wages as retirement benefits when so directed by the Employee. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(h) From all non-Member Employees working in Features, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their gross wages (total weekly wages plus vacation pay plus Health and Welfare benefits) in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(i) From all non-Member Employees working in Television, who are otherwise not paying dues in accordance with Section (l) below, an amount equal to six percent (6%) of their total weekly wages in respect of administration, processing or services provided by the Union. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(j) To the Union, an amount equal to two percent (2%) of each Employee’s total weekly wages working in Features for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(k) To the Union, an amount equal to three dollars and fifty cents ($3.50) per day per Employee working in Television for the Union’s Benevolent Fund. The Company shall forward this payment directly to the Union on a weekly basis with a complete remittance breakdown.
(l) From all Employees covered by this Agreement, the Company shall deduct an amount for dues and contributions to the Union, as the Union may from time to time direct the Company in writing. The Company shall forward this deduction directly to the Union on a weekly basis with a complete remittance breakdown. The Union will save the Company harmless from any and all claims that may be made against the Company for amounts deducted for dues and contributions.
(m) The Company shall make all Employer Contributions required by law under the Workplace Safety and Insurance Act (Ontario), Canada Pension Plan (Canada), Employment Insurance Act (Canada), Employer Health Tax (Ontario) and any similar plan or legislation applicable from time to time.
(n) In order to secure performance of the Company’s payroll obligations under this Agreement, the parties agree as follows:
(1) In the event that a Company (i) has filed for bankruptcy protection or had a trustee/receiver appointed to handle its affairs within five (5) years prior to the commencement of principal photography on a given production; (ii) has no prior history with the Union (IATSE Local 873); or (iii) fails to make payroll in a given payroll period, the Union may require such Company to deposit with a payroll company of the Company’s choosing or with the Union directly an amount equal to two (2) weeks of estimated payroll plus two (2) weeks of estimated pension, health, vacation pay, Benevolent Fund and training contributions (hereinafter referred to as ‘Contributions’) for covered employees. Such amount shall be used solely for the purpose of satisfying amounts owed to cover employees and/or benefit plan(s), as applicable, under this Agreement.
(2) The Company shall provide the Union with written verification of the payroll company’s consent to hold the deposit, which must be executed by the payroll company. In the event the Company is unable to furnish this written verification, the Company shall deposit the amounts contemplated in subparagraph (1) above with the Union directly.
(3) No later than four (4) weeks after the completion of principal photography for the production, the Union shall advise the Company of any outstanding payroll obligations to the employees employed on the production and/or the respective benefit plan(s). Upon the expiration of such four (4) week period, the Unionpayroll company, or the payroll company with the approval of the Union, shall remit the amounts due for any undisputed items to the employee(s) to whom and/or benefit plan(s) to which such amounts are due and shall remit the balance of the deposit to the Company, less an amount sufficient to pay the disputed payroll items, if any.
(4) Any amounts relating to disputed wage claims and/or Contributions shall remain deposited with the payroll company and/or the Union pending the settlement or resolution pursuant to the grievance arbitration process of this Agreement. For purposes of any arbitration hereunder, the arbitrator shall have the power to determine only claims relating to the payment of wages and Contributions thereon.
(5) The foregoing shall not apply to any Company on the list of signatories supplied to Local 873 on January 18August 13, 20212015, as amended, nor to any entity related to or affiliated with those Companies, including any related production service entities.
(6) In lieu of making a deposit as required above, a signatory producer may obtain and provide to the Union a letter of guarantee from any commercial financial institution or from a Company as described in subparagraph (5) above, or its related or affiliated entities, stating that it unconditionally guarantees the fulfillment of payroll obligations and Contributions due employees under this Agreement with respect to a particular motion picture.
(7) In the event that a Company fails to make a required deposit as set forth herein, the Union may direct the covered employees to withhold services from that Company on the production from which the deposit is sought until the deposit is made or a letter of guarantee is provided as set forth in Article 14(n)(6) above.
(o) The Union shall have the right to reallocate fringe contributions to the health plan under this Collective Agreement, subject to the following:
(1) There shall only be one (1) fringe reallocation during the term of this Agreement.
(2) The Union shall provide the Producer ninety (90) days’ notice prior to implementing any reallocation of fringes.
(3) Any reallocation of fringes cannot reduce any fringe contribution below any legislative requirement.
(4) This provision shall sunset upon the expiry of this Agreement.
(p) For Network Long Form Television Productions, and for the first two seasons twenty-six (26) episodes of Network Episodic Series including the Series Pilot, if any, regardless of season, the total fringe rate shall be fourteen percent (14%) plus an additional twelve dollars ($12.00) per day as Health and Welfare Benefits and $2.00 per day per Employee contribution to the Benevolent Fund.
(q) The Company shall contribute five cents ($.05) per hour (except that the Company shall contribute seven cents ($.07) per hour on Features that commence principal photography on or after April 1, 2021) to the Toronto Motion Picture Technicians’ Training Centre up to the following maximums:
(i) $1,500 1,000 per television episode, High Budget SVOD Program or episode, MOW, miniseries part or home video;
(ii) No more than $10,000 5,000 per feature or miniseries;
(iii) No more than $10,000 5,000 per season for each episodic television series or High Budget SVOD series (except no more than $20,000 per season for seasons of an episodic television series or High Budget SVOD series, the first episode of which commences principal photography on or after April 1, 2021);
(iv) No contributions for pilots or new media productions other than High Budget SVOD productions, as described in items (i) though (iii) above; and
(v) Flats are to be based on a twelve (12) hour day. The Training Centre shall provide an annual report of its operations to the Companies, including but not limited to its annual financial statement, an itemized report of its expenditures, the number, name and nature of courses or programs given and the number of people who completed such courses or programs. It is understood that the Training Centre shall give the Companies the opportunity to review any new safety training courses offered. The Companies agree that matters relating to any training course or program curriculums made available by the Training Centre shall be referred to the Joint Cooperative Committee on Safety and Training contemplated by Sideletter #3, including but not limited to the adaptation of CSATF’s Safety Courses “A” and “A-2” " for compliance with Ontario Health and Safety laws. The Companies encourage the Training Centre to develop a recordkeeping system which includes the names of employees who have taken courses or programs offered through the Centre, the name or other identification of the course(s) or program(s) taken and the date(s) on which said courses or program(s) were completed. Until such time as a system is developed, the Union agrees that upon request of a Company, it shall provide to the Company information and documents confirming an Employee’s completion of courses offered through the Training Centre. The Union and/or Training Centre shall advise the Companies if any applicable privacy legislation precludes the disclosure of said information and documentation and, in that event, the Union and/or Training Centre agrees to take the steps necessary to provide said information and documentation to the Companies. This provision shall automatically terminate upon expiration of the 20212015-2024 2018 Local 873 Long Term Agreement.
(r) Following are tables showing the existing fringe rates: Long Term Agreement Fringe Table Feature Film Network Long-Form Television Productions Network Episodic Series (First and Second Seasons including the Series Pilot, if any) Network Episodic Series (Third and Subsequent Seasons) Vacation Pay 8% 4% 4% 6% Pension 7%* 6% 6% 7% Health & Welfare % 4% 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day $12.00/day Benevolent Fund 2% $2.00/day $2.00/day $3.50/day *of gross weekly wages (total wages + vacation + health) Vacation Pay 4% 6% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $3.50/day $3.50/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Home Video, Pilots Made for Network, Syndication or Basic Cable and Long Form Television Made for Basic Cable Syndicated and Cable Television Series First Season Second Season Third (pilot or first episode of series produced prior to April 1, 2014) Syndicated and Subsequent Seasons Cable Television Series (pilot or first episode of series produced after April 1, 2014, but prior to April 1, 2015) Episodes 1-26 of Series Episodes 27 and following Episodes 1-13 of Series Episodes 14-26 Episodes 27 and following Vacation Pay 4% 4% 6% 4% 5% 6% Pension 6% 6% 6% 6% 6% 6% Health & Welfare % 4% 4% 4% 4% 4% 4% Health & Welfare/day $12.0012.00/ day $12.00/ day $12.00/ day $12.00/ day $12.00/ day $12.00/ day Benevolent Fund $2.00/day $2.00/day $3.50/day $2.00/day $2.00/day $3.50/day Long Term Agreement Fringe Table - Supplemental Agreement Syndicated and Cable Television Series (pilot or first episode of series produced on or after April 1, 2015) First Season Second Season Third and Subsequent Seasons Vacation Pay 4% 5% 6% Pension 6% 6% 6% Health & Welfare % 4% 4% 4% Health & Welfare/day $12.00/day $12.00/day $12.00/day Benevolent Fund $2.00/day $2.00/day $2.00/day $3.50/day
Appears in 1 contract
Samples: Collective Agreement
