Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
ARTICLE A4 – NO STRIKE AND UNFAIR DECLARATIONA401 During the life of this Agreement, the Guild undertakes not to call or directa work-stoppage against any Producer, except where the Producer has beendeclared unfair.A402 Producer’s Refusal to Abide by or Follow Grievance or ArbitrationProcedure or Decision.Where a Producer does not abide by, or declares its intent not to abide bythe grievance or arbitration procedure, or refuses to comply with a decisionrendered pursuant to Article A5 by a Joint Standing Committee or anArbitrator, the Guild may declare such Producer an “Unfair Producer” uponten (10) days’ notice to the Producer concerned and to the Producer’sAssociation, and instruct the members of the Guild not to work for such aProducer.A403 Writers, Story Editors and Story Consultants shall not be required to workfor a Producer or Related Person declared unfair by the Guild.ARTICLE A5 – GRIEVANCE PROCEDURES AND RESOLUTIONA501 A party exercising its rights under the provisions of the Agreement does sowithout prejudice to its relations with the other parties.A502 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 Agreement, or any deal memorandum or contractbetween a Writer, Story Editor or Story Consultant and a Producer,including a question as to whether a matter is arbitrable. All Grievancesshall be resolved in accordance with the procedures set out in this Article.A503 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.16
A504 In recognition of the distinct nature of the writing craft, in the event that thecomplaint is not resolved in the manner described in Article A503 above,the grieving party may initiate a grievance within one hundred and twenty(120) days of the date on which the grieving party becomes, or oughtreasonably to have become aware of the act or omission giving rise to thegrievance.A505 A grievance shall be considered initiated when the grieving party (the“Grievor”) sets forth in writing (the “Grievance”) the facts giving rise to thedispute, the relevant articles of the Agreement and the individual contract,and the remedy sought and delivers the Grievance to the other party to theGrievance (the “Respondent”) and to the Association to which theRespondent belongs. In all cases concerning a Writer, Story Editor or StoryConsultant, the Guild will be the Grievor or the Respondent, as the casemay be. When the Producer is not a member of one of the Associations, theGrievor shall advise all of the Associations.A506 The Guild or the Association, as the case may be, shall notify forthwith theother parties to this Agreement of the Grievance and provide each partywith a copy of the Grievance. A representative of the Guild, arepresentative of the Association, the Producer or its duly authorizedrepresentatives, and the Writer, Story Editor or Story Consultant if the Guilddeems it necessary, shall meet within five (5) business days to attempt tosettle the Grievance informally. The persons present at the GrievanceMeeting on behalf of the parties to the Grievance shall have the authority tosettle the Grievance. Any written settlement, shall be signed by therepresentatives of the parties to the Grievance, each of whom shall receive acopy of the terms of the settlement. A copy shall be sent to the Association.Such settlement shall be binding on all parties to the Grievance.A507 Those present at the Grievance Meeting shall adduce all 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 and frank discussion of those issues, inorder to achieve a fair and workable settlement.A508 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 Committee17
- Page 1 and 2: IPA2012-2014Effective November 1, 2
- Page 3: TABLE OF CONTENTSSection A: General
- Page 6 and 7: Note:Capitalized words in this Agre
- Page 8 and 9: Guild that for reasons of conscienc
- Page 10 and 11: A113 During the period of renegotia
- Page 12 and 13: A211 Daily Dramatic Serial means a
- Page 14 and 15: A227 Free Television means the exhi
- Page 16 and 17: A239 Pilot means the sample episode
- Page 18 and 19: asic narrative, idea, or theme and
- Page 20 and 21: Show Writer (Variety) means a perso
- Page 24 and 25: or fifteen (15) business days prior
- Page 26 and 27: v) the Joint Standing Committee sha
- Page 28 and 29: A525 The decision of the Arbitrator
- Page 30 and 31: A604 When a Producer is considering
- Page 32 and 33: ii) the performance, communication
- Page 34 and 35: e) Either party upon receipt of not
- Page 36 and 37: A802 Story Editors or Story Consult
- Page 38 and 39: ) Where a Writer has made a substan
- Page 40 and 41: When Writers’ names are separated
- Page 42 and 43: proposes a Writer who is also a dir
- Page 44 and 45: Material as available relating to t
- Page 46 and 47: A939 The decision of the Arbitrator
- Page 48 and 49: emain responsible for all obligatio
- Page 50 and 51: i) whom the CMPA or APFTQ confirms
- Page 52 and 53: A1109the Script Material the Produc
- Page 54 and 55: ) At least annually and while the p
- Page 56 and 57: A1113payments to which the Writer o
- Page 58 and 59: Pilot, etc.) or $2,000 per episode
- Page 60 and 61: mutually agreed upon by the parties
- Page 62 and 63: not included in the Script. One Pol
- Page 64 and 65: B113a) Where a Writer originates in
- Page 66 and 67: c) Should the Producer wish to cont
- Page 68 and 69: ii) what the development format is
- Page 70 and 71: SECTION C - ADDITIONAL CONDITIONS A
A504 In recognition <strong>of</strong> the distinct nature <strong>of</strong> the writing craft, in the event that thecomplaint is not resolved in the manner described in Article A503 above,the grieving party may initiate a grievance within one hundred and twenty(120) days <strong>of</strong> the date on which the grieving party becomes, or oughtreasonably to have become aware <strong>of</strong> the act or omission giving rise to thegrievance.A505 A grievance shall be considered initiated when the grieving party (the“Grievor”) sets forth in writing (the “Grievance”) the facts giving rise to thedispute, the relevant articles <strong>of</strong> the Agreement and the individual contract,and the remedy sought and delivers the Grievance to the other party to theGrievance (the “Respondent”) and to the Association to which theRespondent belongs. In all cases concerning a Writer, Story Editor or StoryConsultant, the <strong>Guild</strong> will be the Grievor or the Respondent, as the casemay be. When the Producer is not a member <strong>of</strong> one <strong>of</strong> the Associations, theGrievor shall advise all <strong>of</strong> the Associations.A506 The <strong>Guild</strong> or the Association, as the case may be, shall notify forthwith theother parties to this Agreement <strong>of</strong> the Grievance and provide each partywith a copy <strong>of</strong> the Grievance. A representative <strong>of</strong> the <strong>Guild</strong>, arepresentative <strong>of</strong> the Association, the Producer or its duly authorizedrepresentatives, and the Writer, Story Editor or Story Consultant if the <strong>Guild</strong>deems it necessary, shall meet within five (5) business days to attempt tosettle the Grievance informally. The persons present at the GrievanceMeeting on behalf <strong>of</strong> the parties to the Grievance shall have the authority tosettle the Grievance. Any written settlement, shall be signed by therepresentatives <strong>of</strong> the parties to the Grievance, each <strong>of</strong> whom shall receive acopy <strong>of</strong> the terms <strong>of</strong> the settlement. A copy shall be sent to the Association.Such settlement shall be binding on all parties to the Grievance.A507 Those present at the Grievance Meeting shall adduce all 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 and frank discussion <strong>of</strong> those issues, inorder to achieve a fair and workable settlement.A508 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 Committee17
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