The Producer’s Guide to Unions in the Film and TV Industry
Learn why entertainment unions exist, how they operate, and what steps producers must take to comply with regulatory requirements set forth by these major industry organizations.
Productions are known to have unique working conditions: nonstandard working environments, long and unpredictable hours, and frequent location changes. As a result, unionized workforces are alive and thriving in the entertainment space.
Today, hundreds of organizations—unions, professional groups and societies—provide entertainment industry workers with a vast array of benefits.
Key similarities and differences:
- Members must meet specific criteria to join a union, professional group or society.
- Unions, accessible only to individuals with specific job roles (e.g., writer, actor, director, many crew classifications behind the camera), protect members from poor working conditions when an employer is signatory to the union.
- Belonging to a professional group or society is akin to belonging to a professional club. Unlike unions, professional groups don't negotiate contracts with employers. However, membership typically offers specific benefits, like access to unique networking, training, discounts and work opportunities.
It is worth noting that some unions have the term ‘guild’ in their name but not all guilds are unions, and vice versa. However, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Directors Guild of America (DGA), and the Writers Guild of America (WGA) are well-known guilds that are also unions.
In the motion picture production industry, many of the skilled workers needed to run a production are represented by unions. To gain access to the skilled workforce, the employer needs to become signatory to the applicable union(s). This is because most unions prohibit their members from working on non-union jobs, thereby forcing employers who need these workers to sign with the applicable union(s) in order to gain access to the skilled workforce.
Now, let’s review the major unions you need to familiarize yourself with.
Unions that producers will most often encounter
Regardless of what type of content you create, odds are you’ll work with talent from—and need to accommodate requirements defined by—one or more of the major film unions listed below:
Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA): Created in the 1930s to protect actors, this union merged with the American Federation of Television and Radio Artists in 2012. Today, SAG-AFTRA’s more than 160,000 members include actors, singers, radio personalities, broadcast journalists, voice actors, and more.
Writers Guild of America (WGA): Formerly known as the Screen Writers Guild, this union represents television, film, and new media writers. It has two branches: The Writers Guild of America West, based in Los Angeles, and The Writers Guild of America East, based in New York City.
Directors Guild of America (DGA): Established in 1936, the Screen Directors Guild merged with the Radio and Television Directors Guild in 1960, and the Directors Guild of America was born. DGA serves more than 19,000 members including directors, unit production managers, assistant directors, stage managers, and associate directors—as well as New York City and Chicago location managers. Members support the production of films, television, commercials, documentaries, news, sports, and more.
International Alliance of Theatrical Stage Employees (IATSE): IATSE is made up of more than 170,000 behind-the-scenes entertainment workers. Members produce motion pictures, television shows, and commercials as well as live events, trade shows, and more.
Many different local unions with specializations fall under the IATSE umbrella, including the Cinematographers Guild (Local 600), Art Directors Guild (Local 800), Costume Designers Guild (Local 892), Animation Guild (Local 839), and Editors Guild (Local 700), just to name a few. Some IATSE locals have national jurisdiction while other IATSE locals cover only specific geographic regions across the US and Canada.
International Brotherhood of Teamsters: The Teamsters are well known for representing various classifications of drivers. Some Teamsters locals, such as Local 399 based in Los Angeles, also represent location managers and assistant location managers, casting directors and associate casting directors, as well as different types of animal handlers. Different Teamsters locals cover different geographic regions across the U.S. and Canada.
Understanding the impact of unions on productions
To work with talent that belongs to a particular union, a producer is required to become signatory to the applicable union’s Collective Bargaining Agreement (CBA). A CBA is a comprehensive contract that outlines fundamental employment terms and conditions that the production company must comply with.
It is worth noting that production companies can attempt to negotiate for more favorable terms and conditions in the CBA before signing it—and many unions offer limited discounted terms and conditions to lower budget projects.
Terms and conditions in CBAs can include but are not limited to:
- Minimum Wages and Compensation: CBAs explicitly set forth minimum pay scales for various job classifications covered by the union. Provisions for holiday pay, overtime pay, and other various types of compensation are also defined.
- Working Hours and Conditions: This includes items such as minimum working hours, meal and rest periods, cancellation policies, penalties, and rules about travel and overnight lodging. Because minors can work as actors, SAG-AFTRA’s CBAs also contain rules about work limitations and safety for minors.
- Health and Pension Benefits: The unions define mandatory benefit contributions to health plans and pension (retirement) plans on behalf of union members.
- Residuals: Residuals are very complex. CBAs define how these payments are calculated and distributed for various reuses of work, including but not limited to syndication, digital streaming, international distribution, physical media (DVDs, Blu- rays, etc.) sales and reruns.
Beyond working conditions and pay, CBAs also outline role-specific job classifications and duties and provide guidelines for fair and equitable hiring practices, which include things like hiring rosters and non-discrimination policies. CBAs also detail how to file a grievance or initiate arbitration to settle issues that arise between union members (or the union) and their employers.
Major entertainment unions renegotiate their CBAs with the Alliance of Motion Picture and Television Producers (AMPTP) every three years or so. When re-negotiated CBAs are released, productions must comply with any changes made to terms and conditions.
Production costs: Union-mandated security deposits
Hiring union talent also means incurring up-front costs. All of the unions mentioned above require productions to place a deposit before signing a CBA. This deposit helps pre-pay union worker salaries and pension and health plan contributions., Deposits are used in the event that a production company runs out of money.
It’s important to know that payroll companies require their own deposit, separate from unions’ deposits. Unions and payroll companies will separately inform the production company of the deposit amounts needed for each project.
Production benefits and challenges presented by hiring union talent
If you’re on the fence about hiring union talent, this next section will help clarify the many benefits that make it worth the effort.
Specifically, producers can:
- Get access to a vetted talent pool of skilled workers who are committed to their craft.
- Demonstrate a commitment to upholding industry standards and fair labor practices.
- Simplify otherwise complex processes by using union protocols to standardize contracts and implement defined operational processes and safety procedures.
Perhaps most importantly, building a positive, long-term relationship with key unions has the potential to open many doors over time.
All that said, managing union compliance can be tricky. Meeting agreed-upon employment terms and conditions is crucial to both your operating funds and the overall success of your project. Neglecting to comply with union terms and conditions may result in costly penalties and fees, which can have a significant impact on your bottom line.
Simplify union compliance with help from Entertainment Partners
Keeping up with union changes is complicated and time-consuming, but it doesn’t have to be. At Entertainment Partners, we have experts with decades of experience and industry leading technology to make sure your production is well-equipped to navigate requirements and compliance challenges with ease. Our practical payroll, budgeting, and finance solutions minimize manual work while helping your production stay in the unions’ good graces. Learn more about our solutions today.
This article contains general information we are providing on a subject that may be of interest to you. Nothing in this article should be considered tax, accounting, or legal advice. You should consult with your own advisors regarding the applicability of this information to your specific circumstances.