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ArticleA1 Recognition Application and Term

Article A1 - Recognition, Application and Term

A101 The Producer recognizes the Guild as the exclusive bargaining agent for all Writers, Story Editors and Story Consultants on all productions, except Writers contracted to write Script Material in French. The Guild is not the bargaining agent with respect to Story Consultants who are not members of the Guild. Nothing precludes a Producer from engaging a Story Consultant who is not a Guild member.
A102 The terms of this Agreement are the result of negotiations between representatives of the Associations and the Guild.
A103 This Agreement shall be jointly administered by the Guild and the Associations in all of its facets on a principle of equality between the Guild and the Associations in all matters pertaining to the administration of the Agreement's provisions.  Questions regarding interpretation or the meaning of the Articles in this Agreement may be directed to the offices of either the Associations or the Guild.  Neither of these parties may make an interpretation binding on the other without the written agreement of the other.
A104 While the terms and conditions of this Agreement are in effect, any Producer who is not a party to this Agreement but who agrees to become a party to this Agreement shall sign a Voluntary Recognition Agreement acknowledging that the Guild is the exclusive bargaining agent of Writers, Story Editors or Story Consultants and signifying its acceptance of the terms and conditions contained herein (see Appendix B).  The Voluntary Recognition Agreement shall constitute acceptance of and a binding obligation by the Producer to adhere to the terms and conditions of this Agreement and shall be executed and forwarded to the Guild by fax or delivery prior to contracting a Writer, or Story Editor or Story Consultant.
A105 This Agreement shall apply to all Writers, Story Editors and Story Consultants contracted by any Producer who is a signatory to this Agreement. Nothing in this Agreement shall prevent a Producer from freely obtaining the services of a Writer, Story Editor or Story Consultant who may not be a member of the Guild providing that before signing a contract the Writer or Story Editor shall declare in writing to the Producer and the Guild that for reasons of conscience, s/he does not wish to become a member of the Guild, in which case, s/he will be treated as a non-member under the terms of this Agreement.  The rates, terms and conditions for such a Writer or Story Editor shall not be less than those provided in this Agreement.
A106
  1. This Agreement shall not apply to a regular employee of the Producer whose duties include writing and who is regularly engaged in creative aspects of production and for whom deductions under Income Tax laws are duly made.

  2. Notwithstanding (a), this Agreement shall apply to a regular employee:

    1. when writing a Feature Film Script which is subsequently produced.  However, a staff writer employed by a Producer on a salaried basis shall be paid an annual remuneration at a rate not less than the rate in Article C101.

      If as a result of such staff writer's writing services a Feature Film is produced, such Writer shall be contracted prior to the first day of principal photography under the terms and conditions of this Agreement. The remuneration to such a Writer for that film shall be at least the applicable Script Fee in this Agreement, less one year's remuneration in the year the film is produced, plus any Production Fee and Distribution Royalties that may become due;

    2. when writing a Television Script or any instalment or Rewrites thereof, except for documentaries, narration, game shows, continuity, and corporate Scripts.

    3. when engaged as a Story Editor or Story Consultant on a specific program or Series.

  3. This Agreement shall not apply to a recognized specialist who is not a member who writes a non-dramatic Script, the contents of which relate to his/her own special field, except that this exclusion shall not apply to such a specialist after s/he has written three (3) such Scripts or to any Writer of a Feature Film.

  4. For the term of this Agreement, this Agreement need not apply to Writers who are not members of the Guild engaged on Documentary programs or episodes. Notwithstanding the above, when members and non-members are engaged on the same program or episode, the forms of credit and credit arbitration provisions in Article A9 shall apply to such individuals.
A107 A Writer or Story Editor who is not a member of the Guild, shall join the Guild on signing his or her first writing services contract under this Agreement, unless the Writer or Story Editor has filed a written declaration with the Guild and the Producer pursuant to Article A105.
A108 The terms of this Agreement are minimum terms.  Nothing herein contained shall prevent any Writer, Story Editor or Story Consultant from negotiating and contracting with any Producer for better terms and conditions for the benefit of such Writer, Story Editor or Story Consultant than are here provided.
A109 Except by prior agreement with the Associations, 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.  Any grievance arising out of this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator. 
A110 There shall be no discrimination against any Writer, Story Editor or Story Consultant because of race, ancestry, place of origin, creed, religion, gender, age, record of offenses (other than offenses related to copyright infringement), marital status, family status, disability, sexual orientation or political affiliation.
A111 This Agreement shall become effective upon ratification by the Guild and the Associations and terminate on December 31, 2008.
A112 Either party desiring to renegotiate this Agreement shall give notice to the other party in writing at least ninety (90) days prior to the termination date.
A113 During the period of renegotiation of this Agreement, the provisions of this Agreement shall remain in full force and effect.
A114 If any provision of this Agreement shall, during the term hereof, be held void or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect. 
A115 The terms of Article A1 shall be subject to and read together with the provisions of Appendix A (Negotiation Protocol) for the CFTPA and with Appendix Q (Quebec Appendix) for producers who are members of the APFTQ.
A116 The Guild and the Associations agree that both texts of the IPA in English and French are official. In the case of discrepancy, the English language text shall prevail.

 

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