Common use of Unit Production Managers Clause in Contracts

Unit Production Managers. This shall confirm the understandings reached during negotiation of the National Commercial Agreement of 2005 concerning responsibilities and duties of Unit Production Managers on television commercial productions. (A) The Guild continues to believe that the UPM responsibilities and duties set forth in Articles 1-302 (A) and (B) respectively may be performed only by persons covered by the Agreement as required by Article 1-305. The Guild expects that any person who performs the duties of a UPM, as commonly utilized and understood in the motion picture industry, will be designated and employed as a UPM under the terms and conditions set forth in the Agreement. (B) Notwithstanding Paragraph A, the Guild acknowledges that a long standing practice exists within the television commercial industry where some Employers assign these duties and responsibilities to a person or a number of different persons so that there is no one person designated as a Unit Production Manager as that position is commonly utilized and understood in the motion picture industry. In these situations, the determination of whether an individual should be covered as UPM should as an initial matter be discussed in good faith and determined by the Employee and Employer involved, inasmuch as they are in the best position to determine the precise duties and responsibilities to be performed by the Employee on a particular commercial. (C) Consistent with the foregoing, each Employer will continue to cover as UPMs those Employees who have in the past been designated by that Company as a UPM on commercials when the Employee performs UPM duties and has overall responsibility as a UPM. (D) Any request by a qualified Employee to be covered as a UPM to an Employer that has not regularly designated that Employee as a UPM in the past will be discussed in good faith between the Employee and Employer involved. The Guild and AICP agree and expect those individual discussions will result in Employees being covered as UPMs when they are hired to perform the duties set forth in Article 1-302 (B) and have overall responsibility as a UPM as commonly utilized and understood in the motion picture industry. Similarly, the Guild and AICP expect that employees who do not perform the duties set forth in Article 1-302 (B) and do not have overall responsibility as a UPM as commonly utilized and understood in the motion picture industry will not be covered as UPMs.