Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
902 A Grievance is defined as a difference between the Guild and a Producer, orthe Guild and the Association(s), arising out of, or in connection with theadministration, interpretation, application, operation or alleged violation ofany provision of this Section, or any deal memorandum or contract betweena Writer, Story Editor or Story Consultant and a Producer, including aquestion as to whether a matter is arbitrable. All Grievances shall beresolved in accordance with the procedures set out in this Article.903 The parties acknowledge and agree that the timely and prompt settlement ofall disputes between the parties should be encouraged and that therefore anydispute may be settled at the time of its occurrence by the Guild and theauthorized representative of the Producer, without recourse to the formalGrievance Procedure.904 In recognition of the distinct nature of the writing craft, in the event that thecomplaint is not resolved in the manner described in Article 903 above, thegrieving party may initiate a grievance within one hundred and twenty (120)days of the date on which the grieving party becomes, or ought reasonablyto have become aware of the act or omission giving rise to the grievance.905 A grievance shall be considered initiated when the initiating grieving party(the “Grievor”) sets forth in writing (the “Grievance”) the facts giving riseto the dispute, the relevant articles of the Section and the individualcontract, and the remedy sought and delivers the Grievance to the otherparty to the Grievance (the “Respondent”) and to the Association to whichthe Respondent belongs. In all cases concerning a Writer, Story Editor orStory Consultant, the Guild will be the Grievor or the Respondent, as thecase may be. When the Producer is not a member of one of theAssociations, the Grievor shall advise all of the Associations.906 The Guild or the Association, as the case may be, shall notify forthwith theother parties to this Section of the Grievance and provide each party with acopy of the Grievance. A representative of the Guild, a representative of theAssociation, the Producer or its duly authorized representatives, and theWriter, Story Editor or Story Consultant if the Guild deems it necessary,shall meet within five (5) business days to attempt to settle the Grievanceinformally. The persons present at the Grievance Meeting on behalf of theparties to the Grievance shall have the authority to settle the Grievance.Any written settlement shall be signed by the representatives of the parties134
to the Grievance, each of whom shall receive a copy of the terms of thesettlement. A copy shall be sent to the Association. Such settlement shallbe binding on all parties to the Grievance.907 Those present at the Grievance Meeting shall adduce all and relevant facts,documents and evidence available at the time of the grievance meeting inorder that the parties may have the clearest understanding of the issues. Atthe meeting there shall be a full frank discussion of those issues, in order toachieve a fair and workable settlement.908 In the event that attempts to settle the matter have not resulted in asatisfactory settlement of the Grievance, the relevant Association shallnotify the Guild ten (10) business days prior to a Joint Standing Committeeor fifteen (15) business days prior to an Arbitration of its intention to furtherparticipate in the Grievance and Arbitration process. On providing suchnotice, the Association(s) shall be considered a party. The participation ofthe Association(s) shall be limited to matters of industry-wide significanceand/or the interpretation of this Section except in circumstances where theAssociation(s) is the initiating party or Respondent.909 Within twenty (20) business days of the Grievance meeting, the referringparty may give written notice to the other parties attending the GrievanceMeeting and to the Associations to refer the Grievance to the Joint StandingCommittee, or in the discretion of the referring party, directly to Arbitration.If the referring party refers the matter to the Joint Standing Committee andthe responding party wishes to have the matter referred to Arbitration(instead of the Joint Standing Committee), said party shall have the rightwithin five (5) business days from receipt of the notice, to refer thegrievance to Arbitration.910 The Joint Standing Committee shall convene, at a time and place to beagreed by the Guild and the Association, within three (3) weeks of receipt ofthe notice described in Article 909, or at such time as otherwise agreedbetween the parties.911 The Joint Standing Committee shall be a panel of an equal number ofrepresentatives of the Association and the Guild consisting of four (4) or six(6) representatives in total (excluding Guild’s and Association’s staff).135
- Page 90 and 91: ORb) twenty percent (20%) of the Wr
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- Page 124 and 125: ANIMATION SECTIONThis section is se
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- Page 132 and 133: contribution to a Final Script; pro
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to the Grievance, each <strong>of</strong> whom shall receive a copy <strong>of</strong> the terms <strong>of</strong> thesettlement. A copy shall be sent to the Association. Such settlement shallbe binding on all parties to the Grievance.907 Those present at the Grievance Meeting shall adduce all and relevant facts,documents and evidence available at the time <strong>of</strong> the grievance meeting inorder that the parties may have the clearest understanding <strong>of</strong> the issues. Atthe meeting there shall be a full frank discussion <strong>of</strong> those issues, in order toachieve a fair and workable settlement.908 In the event that attempts to settle the matter have not resulted in asatisfactory settlement <strong>of</strong> the Grievance, the relevant Association shallnotify the <strong>Guild</strong> ten (10) business days prior to a Joint Standing Committeeor fifteen (15) business days prior to an Arbitration <strong>of</strong> its intention to furtherparticipate in the Grievance and Arbitration process. On providing suchnotice, the Association(s) shall be considered a party. The participation <strong>of</strong>the Association(s) shall be limited to matters <strong>of</strong> industry-wide significanceand/or the interpretation <strong>of</strong> this Section except in circumstances where theAssociation(s) is the initiating party or Respondent.909 Within twenty (20) business days <strong>of</strong> the Grievance meeting, the referringparty may give written notice to the other parties attending the GrievanceMeeting and to the Associations to refer the Grievance to the Joint StandingCommittee, or in the discretion <strong>of</strong> the referring party, directly to Arbitration.If the referring party refers the matter to the Joint Standing Committee andthe responding party wishes to have the matter referred to Arbitration(instead <strong>of</strong> the Joint Standing Committee), said party shall have the rightwithin five (5) business days from receipt <strong>of</strong> the notice, to refer thegrievance to Arbitration.910 The Joint Standing Committee shall convene, at a time and place to beagreed by the <strong>Guild</strong> and the Association, within three (3) weeks <strong>of</strong> receipt <strong>of</strong>the notice described in Article 909, or at such time as otherwise agreedbetween the parties.911 The Joint Standing Committee shall be a panel <strong>of</strong> an equal number <strong>of</strong>representatives <strong>of</strong> the Association and the <strong>Guild</strong> consisting <strong>of</strong> four (4) or six(6) representatives in total (excluding <strong>Guild</strong>’s and Association’s staff).135
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