488 NEWSLETTER
I.A.T.S.E. Local 488 - STUDIO MECHANICS OF THE PACIFIC NORTHWEST
International Alliance of Theatrical Stage Employees, Motion Picture Technicians
Artists and Allied Crafts of the United States, its Territories and Canada

OFFICIAL 488 STUDIO MECHANICS MEETING NOTICE:
   NEXT MEETING ON: Sunday, October 10, 2010
1:00 pm in PORTLAND

  Traffic was unusually light that day and I was early for work.  I began chatting with a young man who I would be working with for the day.  As often is in these circumstances, the topic of payment was central.  Of particular interest was the vehicle for requesting payment.  In this case we, the crew, would be submitting an invoice outlining the terms of our compensation.   

During our conversation I was reminded how important it is to be aware of the implications we sometimes incur as a freelance workforce.  In our efforts to be cooperative to producers, and to get work, we can put ourselves in jeopardy to a greater degree than we may know!  

Film sets can be dangerous.  Accidents happen.  There is little science and even less regulation to much of the work we do.  Standard practice tends to evolve from actions that simply haven’t failed…yet.  

Of course, any production that is under a union contract or even any job that pays its crew through a payroll company, limits your personal liability.  In these cases the crew member is technically an employee of whoever issues your paycheck and is essentially responsible for your actions at the workplace as its employee.  In most cases, a payroll company is hired by the production company for the term of the shoot.  That payroll company in turn pays applicable employer taxes and liability insurance on your behalf.  

 However, when you are asked to submit an invoice for your labor you are no longer considered an employee of anyone.  You are legally considered to be an independent contractor.  The IRS has a test to determine this distinction which states:  “The main issue underpinning the test is who sets the work rules: employees must follow rules set by their bosses, while independent contractors set their own rules.  The hours during which a job is performed is one determination of work rules.”  

 And goes on to state:  “On the other hand, an individual who sets her own hours, receives payment by the job, and divides her time between work for several different employers would probably be classified as an independent contractor.”  There are some legal questions that this conversation stirs up that are beyond the scope of this article.  For example, it’s probably not technically legal to hire on-production crew members, and consider them independent contractors.  If you apply the IRS test, crew members rarely are eligible to be considered independent contractors or to be paid in that manner.  

There are several implications to this status as opposed to employee status.  Foremost in my mind is that as an independent contractor, you can be held personally responsible for damages you cause to persons or property.  I’ve seen it happen.  It can be ugly.  

 I can’t give legal advice and I’m not an expert but I believe that if you do a lot of work as an independent contractor that it would be wise to get a business license, insurance, incorporate to some degree, and do business as that company.  This way your (insured) company would shoulder the liability and provide a layer of protection to you, your family and your house.  There are also many tax implications for both parties.  Some of which can easily be viewed as favorable for you (also beyond the scope of this article).  Please ask your CPA and/or the attorney you have on retainer for more reliable information.  

It’s probably not realistic to turn down a job because the production needs you to invoice them for your time. However I do urge you to talk to those producers and educate them to the implications.  They may be unwittingly setting up a situation that is, at minimum, in violation of IRS code.  This conversation, handled properly, can be a great way to demonstrate your value and professionalism to a producer and nudge them a step up the evolutionary ladder.  Who knows, maybe someday they’ll even sing a union contract.  

My main point is to make sure you know what you get into when you invoice for your labor on a job.  It’s a complicated topic to be sure.  Please let me know if you have any further questions.  If I don’t know the answer, I may know where to look for it!

Southern BA Report               Charles Carlsen

It is deep in the political season and it would be a good time to earn an Oregon tax credit by contributing $50 to an Oregon Film Incentive proponent. There are several key Legislators that we need to help in their re-election endeavor. By contributing directly to their campaigns you will earn up to $50 ($100 joint filer) in tax credits. This comes 100% off what you pay or adds 100% to your return when you file your Oregon taxes. You can find contact info for all the Legislators at: www.leg.state.or.us/ Please email these Legislators even if you cannot contribute. If you can contribute, email, identify yourself as a film worker, and ask for their donation address.  On the Senate side, the person we really need is the Financial Chairperson, Ginny Burdick sen.ginnyburdick@state.or.us On the House side, each of these has important committees we will be facing: rep.philbarnhart@state.or.us rep.tobiasread@state.or.us The Speaker of the House will need our support as well: Dave Hunt (the Clackamas studios are in his district) rep.davehunt@state.or.us I will bring lawn signs for Tobias Read to the October meeting. If you are in his district please take one for display.  

OMPA has conducted a survey of all the Legislators regarding their support of our industry. The responses need to be reviewed, tabulated, and sorted. I am looking for a few volunteers to review the “legislative survey” responses at 10am on Saturday, September 18. Email me at charlie@iatse488.com if you can attend, or call 503 481 5057. I will recommend volunteers for a stamp credit at the next meeting.  

The only current feature work in Oregon is non union- Portlandia and Laika. Thank you to the members who have called in their work. I have compiled a list of members that are known to be working for Laika. I will be mailing a union representation card to each, plus a few extra for co workers. The mailing will have a pre paid return envelope to the 488 office and contact information for questions. We need 50% of the crew to sign cards. Any suggestions on crew concerns will be appreciated.  

As previously noted, the only film work slated is late this year. We anticipate the return of Leverage as early as November for off production. This would also entail work for the Electric Entertainment pilot “Brain trust” which has TNT approval contingent on securing a male lead. Production slated for the first week of January.

There is another series and two features also looking at early 2011 production. Incentive money requests are in the works. Once they commit and release company information, contacts will be broadcast. Leverage 4 was picked up for 20 episodes and may get started as early as January.  

 Northern BA Report                    Bob Riggs

Nice upswing going on in Seattle currently in commercial production.  Spots for Bank of America, Bridgestone Tires, Chevy Truck, Washington State Lottery and Xbox from the end of August thru middle September, hope we can keep it up.  

Was able to sign “Oh, Hello” productions to the term commercial agreement and have heard that the Loaded Pictures spin off, Straight Eight has another union shoot on the horizon.  Now all we need to do is get World Famous to sign a contract and start paying benefits.  Anyone want to help?  

 I’m afraid I had some information wrong in last month’s newsletter.  GrassRoots did not sign a contract with Teamsters Local 174.  They wanted to, Tom George the BA for 174 wanted to sign a low budget agreement similar to the one that we signed, but was unable to get permission from his higher ups to do the same.  I’m troubled by that for several reasons, first and foremost there is a Tier One picture that’s ready to start production in Seattle, but they need that Low Budget deal otherwise off to North Carolina they go.  Secondly, Tom is retiring at the end of this month and I have no idea if his replacement will keep pushing the Teamster brass to allow their members to work with tiered contracts.  Local 488 members earned $67 a day on GrassRoots, the members of Teamsters 174 weren’t able to get their $17 an hour fringe so they worked the show and got zero dollars per day in their H&W account.  Go figure.  

North by Northwest in Spokane is starting prep on another Tier One show, The River Sorrow and hope to do one more by years end.  Just wish they could do another Tier 2 or 3 production.  Still no resolution on the formation of the new drivers union in the Spokane area, but given the inaction of 174 to address low budget, I really hope it gets certified and certified soon.  

Working with Local 15 we were able to negotiate a good contract with the Seattle Rep, with wage advances of 6% over 3 years and a H&W increase in the first year.  Given the economic times it’s a fabulous contract and should strengthen both our hand and resolve for our ongoing negotiations at the Seattle Opera.  Thanks to our ex President, Mo Wilhelm for all of her work at the Rep.   Also starting negotiations at the Seattle Children’s Theater soon.  

Fall’s here, schools back in session and the political season is fully upon us.  Get involved, help labor friendly candidates and let’s help keep Democratic majorities at both the state and national level.  Instead of giving any real solutions or alternatives our Republican friends can only say no and continue to question the patriotism, religion and birthplace of President Obama. Hell the Republican Party has been hijacked so much; Ronald Reagan couldn’t get nominated these days. Won’t just one of their spineless, groveling, pandering, thumbs sucking leaders step up and say “enough is enough”, let’s stop the obvious distortions and concentrate on real people and real solutions?  I’m waiting.  

Peace out and smoke em if you got em.

 The following members owe for  3rd quarter-$5 fines assessed

Vicky Allard, Andy Barden, Dan Bates, Rob Berrey, Shawn Bowlby, Carolynn Bradley, William Burkhert, Rena Bussinger, Kyle Carver, Lisa Caryl, Chris Clifford, Jeff Crow,  Levi Cummings, Charles Daniels, Michelle DeMello, Rosemarie DeSapio, Brittnee Dewald, Ryan Fritz, Tony Ghiglione, Chad Griffin, Heidi Habib, Shannon Hall, Jason Hildner, Martha Hines, Jesse Homan, Chip Ingram, Stephanie Keiler, Jeanne Kobayashi, Ron Leamon, Oscar Lofgren, Tyler Macklin, Katie McCrae, Cynthia Moore,  Pete Moroz, Linda Nazarenus, Bill Northcutt, Chris Parkhurst, Gerald Parr, Angelique Paull, James Pendleton, Troy Peters, Danny Rowland, Robin Schmitt, Ryan Schow, Justin Seeliger, Matt Semchee, Shefskie, Sienkiewiez, Loring Spicer, Jennifer Strauss, Dana Thompson-Carver, Mark Tomlinson, Susan Tooker, Michael Torrey, Chandler Vinar.  

The following members owe for  2nd qtr & 3rd qtr  

Arrears 2 qtrs-(owes 2nd & 3rd qtr) Alyx Carr, Dustyn Cernik, Christine Cherbonnier, Kelly Cline, Klair Ehtridge, Michael Gall, Andrew Gallegos, Laurie Hicks, Gerald Koble, R.J. Maguire-Rust, Charles Miller, Gary Myers, Amanda Needham, Ann Penny, Shiloh Rideout