What is a Grievance?
The film industry can be a confusing workplace. What are working dues and how do daily hires work? We’re here to help you understand your rights and obligations. Enter: Clearing the Fog. This new series, brought to you by Local 849 BA Shelley Bibby, will provide you with clarity on topics that can be confusing or unclear. Each month will focus on a different topic. Today, we begin with Grievances.
DISCLAIMER: This post is not to be interpreted as legal advice. Please note that the content of this post relates to I.A.T.S.E. Local 849 and may be specific to the contract and/or jurisdiction of the local. This content may not be the same for every jurisdiction or every union or local - please check with your local union for information about local procedures.
January 2025
“I want to file a grievance!” is one of the most frequently misused statements I hear. In the Local 849 Standard Agreement, grievances are discussed in “Article 25. SETTLEMENT OF DISPUTES.”
A grievance is a complaint or disagreement between the Company and the Union about the meaning, interpretation, or application of the Collective Agreement. It can also be a response to a violation of an employee's rights on the job—whether under the Collective Agreement or under legislation. Not all complaints are grievances. They need to clearly violate either the contract or the law.
Examples of grievable issues could include (but are not limited to):
- Wage disputes such as very, very late paycheques or under-scale pay rates
- Incorrect or very late fringe remittances (these are the extra amounts like medical and pension contributions)
- Failure to provide safe working conditions (no lock-offs on a public street, insufficient lighting to get to washrooms)
- Failure to have or communicate adequate health and safety policies
Filing a grievance is a legal process:
- It has a very specific procedure (outlined in the agreement in ARTICLE 25.2)
- There are strict time frames for filing a grievance
- It can (and usually does) involve lawyers
- It could eventually lead to arbitration (also a legal process ) and be settled by the Provincial Labour Board
Grievances are not a frequent occurrence. In my eight years as Business Agent, I haven’t filed a grievance. Often, the more useful tool is a "Notice to file a Grievance”.
A grievance isn’t the preferred method of getting results, but when the production has been asked several times or has been given many opportunities to resolve something and just can’t seem to make good on it, then it’s time to drop the “G” word. Sometimes, I don’t even have to give a Notice, I just have to threaten to give a Notice!
What are grievances NOT used for:
- Neither a member, nor the union on a member’s behalf, can file a grievance against another member. If there is a dispute between members, internal charges could be laid (more on that in another episode), but this is not a grievable situation.
- A grievance cannot be filed against another crew member in a different union.
- A grievance cannot be filed against another union (Local 849 filing against DGC for example, because the PM is a member of DGC).
- A grievance cannot be initiated if too much time has passed. For example, something that happened during Season 1 can’t be grieved in Season 2.
- A grievance cannot be used for anything that occurs outside of production or hasn’t happened during the run of the show.
In the end, filing a grievance is almost always the last resort. If the goal is to fix a disagreement, the quickest way is usually to try and resolve it outside of the grievance process, even if it requires a little extra time and a little extra patience.
Sincerely,
Shelley Bibby
Business Agent, I.A.T.S.E. Local 849