Appendix A - Negotiation Protocol

NEGOTIATION PROTOCOL

 

THE WRITERS GUILD OF CANADA

(the “Guild”)

and

THE CANADIAN MEDIA PRODUCTION ASSOCIATION

(“the Association”)

                                                                                                                            

The parties hereto agree to the following provisions, which are reproduced in the IPA as an Appendix thereto, (but which Appendix is executed separately from the IPA) which shall be and remain in effect following the expiry of the term of the IPA.

 

Definitions:

1.1

producer – shall mean any member producer, any common producer, or any successor producer

 

          member producer – shall mean any member of the Association who is a signatory to a Voluntary Recognition Agreement

 

          common producer – shall mean a person, corporation or other entity under common direction or control with a member producer and who engages in associated or related activities or businesses

 

          successor producer – shall mean a person, corporation or other entity to whom a member producer sells its business

 

          sells – shall include leases, transfers, and any other manner of disposition, and “sold” and “sale” have corresponding meanings.

 

          business – shall include any undertaking or business and any part thereof

Recognition:

2.1

The Association recognizes the Guild as the sole and exclusive bargaining agent for all writer members covered by the IPA agreement.

2.2

The Guild recognizes the Association as the sole and exclusive bargaining agent for all producers who execute a Voluntary Recognition Agreement, as attached.

2.3

Upon notice being given by the Guild, the Association shall provide the Guild with a current list of all member producers within thirty (30) days of receipt of said notice.

2.4

The Guild shall not enter into separate negotiations or collective agreements with any member producer, nor shall it enter into separate agreements with any such member producer with respect to matters dealt with in negotiations or collective agreements between the Guild and the Association.

2.5

Except by prior agreement with the Association, the Guild shall not enter into any agreement with any Producer in independent production at rates or terms more favourable to such Producer than those set forth in this Agreement and shall not permit Writers, Story Editors or Story Consultants to be engaged at rates less than those provided for herein or upon terms more favourable to such Producer than set forth herein.

2.6

The Guild agrees to recognize the negotiating team as appointed by the Association as the sole bargaining agent for all Producers.

3.

Agreement to Follow Terms of Protocol

3.1

The above parties to the IPA agree to the terms of this Negotiation Protocol which is included as an Appendix to the IPA, the provisions of which shall govern the Parties including all producers who are signatory to a Voluntary Recognition Agreement and their negotiations for the renewal of this Agreement.

4.

Agreement to Bargain in Good Faith

4.1

The parties agree to meet within forty-five (45) days of notice having been given pursuant to Article A113 and to commence to bargain in good faith and to make every reasonable effort to enter into a new Agreement.

5.

Freeze

5.1

While bargaining continues, and until the right to strike or lock out has accrued pursuant to this Protocol, the terms and conditions of the current IPA shall continue in full force and effect and neither party nor any producer shall threaten to alter or alter any of the terms thereof.  In particular, without limiting the generality of the foregoing no Producer shall alter any rates or any other term of the current IPA or any right or privilege of the Writers in the bargaining unit or any right or privilege of the Guild until the requirements of paragraph 7.1 have been met, unless the Guild consents to the alteration in writing.

6.

Conciliation

6.1

Where a party considers that reasonable efforts to enter into a new Agreement have been made, the said party may request the assistance of a conciliation officer.  Such a request shall be made by the party giving written notice to the other party or parties of its desire to obtain the assistance of a conciliation officer.  Such notice shall contain the names of three persons who the party giving notice is prepared to accept as a conciliation officer.  The proposed officers shall be neutral persons who have no direct interest in the subject matter of the negotiations, and who have not acted as employee, agent or advisor, for either of the parties or an interested party in any previous proceedings between the parties or their members.

6.2

The party receiving such notice shall within ten (10) days reply in writing accepting the appointment of one of the suggested conciliation officers of the other party, or shall indicate that none of the suggested conciliation officers are acceptable.  The party responding may suggest alternative conciliation officers as a part of its written response and the party giving original notice of a request for conciliation shall either accept such alternative suggestions or in the alternative, within ten (10) days of receipt of the notice, request the appointment of a conciliation officer. Without prejudice to the Association’s assertion that work performed under the IPA is subject to provincial jurisdiction, request for the appointment of a conciliation officer shall be made to the Federal Minister of Labour as per section 71 of the Canada Labour Code, R.S.C.. 1985, c.L-2 as amended.

6.3

Where a conciliation officer has been agreed to by the parties or appointed by the Federal Minister of Labour, such officer shall forthwith confer with the parties and endeavour to assist them in entering into a new Agreement.

6.4

The parties agree to co-operate with such conciliation officer and to make every reasonable effort to enter into a new Agreement.

6.5

After the parties have met with such officer and made every reasonable effort to enter into a new Agreement without success, either party shall have the right to request a report from the conciliation officer.  Such report shall be sent to all parties and to the Federal Minister of Labour and advise the parties that a new Agreement has not been made.

6.6

The parties agree that the fees and expenses of such conciliation officer, if not paid by the Federal Department of Labour, shall be paid equally by the Guild, and by the Association.

7.

No Strike or Lockout

7.1

The parties agree that the Guild shall not declare or authorize a strike against any Producer until the term of the Agreement has expired and until fifteen (15) days have elapsed from the date on which the conciliation officer sent the report to the parties and the Minister as set out in Article 6.5.

7.2

The parties agree that neither the Association nor any Producer who is signatory to a Voluntary Recognition Agreement shall declare or cause a lock out, until the term of the Agreement has expired and until fifteen days have elapsed from the date on which the conciliation officer sent the report to the Minister as set out in Article 6.5.

7.3

The parties to this Agreement, the individual members of the Guild and all of the Producers who are signatory to a Voluntary Recognition Agreement agree that the Guild shall be authorized and permitted to call a strike in compliance with the terms of this Appendix, notwithstanding the fact that the Guild may not have complied with the statutory provisions of any labour legislation in any of the provinces or territories of Canada and further agree that the Guild and its members shall be entitled to legally strike in any such province or territory so long as the provisions of this Appendix have been adhered to.

7.4

The parties to this Agreement, the individual members of the Guild and all of the Producers who are signatory to a Voluntary Recognition Agreement agree that the Association shall be authorized and permitted to declare a lock out in compliance with the terms of this Appendix notwithstanding the fact that the Producers may not have complied with the statutory provisions of any labour legislation in any of the provinces or territories of Canada and further agree that the Association shall be entitled to legally declare such lock out in any such province or territory so long as the provisions of this Appendix have been adhered to.

7.5

The parties to this Negotiation Protocol agree that a Strike or Lock Out shall have the same meaning as those terms have under the terms of the Canada Labour Code.

8.

Dispute Resolution

8.1

Within one hundred and eighty (180) days of the Guild knowing or being reasonably expected to have known the facts giving rise to its claim, the Guild has the right to allege that any person, corporation or other entity is a producer and therefore bound by the terms of the IPA and this protocol.

8.2

The Guild shall make any allegations pursuant to Article 8.1 of this Appendix or of a violation of any of the provisions of this Appendix, by means of a Notice, setting out the particulars upon which the allegations are based.  The Notice shall be sent by Fax and by Registered Mail to the producer(s) and the Association.

8.3

The responding parties shall be allowed fifteen (15) business days from the date the Notice was sent by Registered Mail in which to file a response, outlining their respective positions.

8.4

All parties shall endeavour to settle all outstanding issues arising from the Notice and Response(s) within the next five (5) business days.

8.5

Failure to reach a settlement shall entitle the Guild to refer the matter to final and binding arbitration.  The arbitration procedure shall be governed in all respects by the provisions of this Appendix.

9.

Arbitration

9.1

The arbitrator shall be selected from among the following list proceeding sequentially, based on which person has a date available forty-five (45) days from the date of the referral, or as agreed by the parties:

Louisa Davie

Rick McDowell

Paula Knopf

Kevin Burkett

Michel Picher

9.2

The Arbitrator has, in relation to any proceeding before it, power:

  1.  to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the Arbitrator deems requisite to the full investigation and consideration of any matter within its jurisdiction that is before the Arbitration in the proceedings;
     
  2.  to administer oaths and solemn affirmations;
     
  3.  to receive and accept such evidence and information on oath, affidavit or otherwise as the Arbitrator in her or his discretion sees fit, whether admissible in a court of law or not;
     
  4.  to examine, in accordance, with any regulations of the Canada Labour Relations Board, such evidence as is submitted to her or him respecting the membership of any employees in a trade union;
     
  5.  to make such examination of records and such inquiries as it deems necessary;
     
  6.  to require a producer to post and keep posted in appropriate places any notice that the Arbitrator considers necessary to bring to attention of any Writers any matter relating to the proceeding;
     
  7.  subject to the bona fide productions requirements, enter any premises of a producer and to inspect any work, material, documents, financial records and any other thing and interrogate any person respecting any matter that is before the Arbitrator in the proceeding;
     
  8.  to authorize any person to do anything the Arbitrator may do under paragraphs a. to g., inclusive and to report to the Arbitrator thereon;
     
  9.  to adjourn or postpone the proceeding from time to time;
     
  10.  to abridge or enlarge the time for instituting proceeding or for doing any act, filing any document or presenting any evidence in connection with the proceeding;
     
  11.  to amend or permit the amendment of any document filed in connection with the proceeding; and
     
  12.  to add a party to the proceeding at any stage of the proceeding.

9.3

The parties agree and acknowledge that the Arbitrator has exclusive jurisdiction to exercise the powers conferred upon it by the provisions of this Appendix and to determine all questions of fact and law that arise in any matter before him or her.  The finding of an Arbitrator as to the facts and as to the meaning or violation of the provisions of this Appendix shall be conclusive and binding upon all parties concerned, but in no case shall the Arbitrator be authorized to alter, modify or amend any part of this Agreement.

9.4

The parties agree and acknowledge that the Arbitrator shall have the authority to order such remedy as is necessary to give real and substantial relief to any aggrieved party and in so doing may determine what, if anything, a producer, an Association, the Guild or a writer shall do or refrain from doing.

9.5

Where, in the opinion of the arbitrator, two or more persons, corporations or other entities constitute a common producer, the arbitrator shall so declare and such declaration shall have the effect that the persons, corporations or entities shall be treated as a single producer under this agreement.  Without limiting the Arbitrator’s general remedial powers, the Arbitrator may order that a member producer assume all rights and obligations, under the IPA (or the terms and conditions of the IPA as frozen by this Agreement) and any individual contract with a writer, of any person, corporation or other entity.

9.6

Where, in the opinion of the arbitrator, a person, corporation or other entity is a successor producer, the arbitrator shall so declare and such declaration shall have the effect that the successor producer shall assume all rights and obligations of the member producer under the IPA (or the terms and conditions of the IPA as frozen by this Appendix) and any individual contract with a writer.

9.7

In the event that a successor producer does not comply with its obligations resulting from a declaration under Article 9.6 of this Appendix within thirty (30) days, the Guild may bring the matter back before the Arbitrator, who, upon proof of non-compliance, shall declare that the member producer remains liable with respect to any obligations under the IPA (or the terms and conditions of the IPA as frozen by this Appendix) and any individual contract with a writer, as if no sale had been made.

Dated this 1st day of November, 2012.

The Canadian Media Production Association, per:

The Writers Guild of Canada, per:

____________________________

_________________________

 

 

 

 

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