Collective bargaining is the negotiation process between a union and an employer.

The goal of the negotiation is to reach a collective agreement.

This is a written agreement that sets out the employment terms and conditions for unionized employees, as well as the rights, privileges and duties of the union, employer, and employees.

Some of the steps that may be part of the negotiation process generally include:

• notice to bargain
• conciliation
• mediation
• strikes and/or lock-outs
• interest arbitration

Citation: https://www.ontario.ca/page/collective-bargaining

The Ontario Labour Relations Act 1995 (LRA) defines a collective agreement as "an agreement in writing between an employer or an employers' organization, on the one hand, and a trade union that, or a council of trade unions that, represents employees of the employer or employees of members of the employers' organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers' organization, the trade union or the employees, and includes a provincial agreement and does not include a project agreement under section 163.1."

In summary, a collective agreement is a written agreement that sets out the:

• employment terms and conditions for unionized employees (for example, wages, hours, working conditions and benefits)
• rights, privileges and duties of everyone involved (the employer, union and employees)

Under the LRA, a collective agreement must include terms about:

• collecting and paying union dues
• how grievances and differences between the parties will be settled through grievance arbitration
• there being no strikes or lock-outs during the life of the collective agreement
• recognizing that the union listed in the collective agreement has the exclusive right to bargain on behalf of the employees in the unit that it represents

Citation: https://www.ontario.ca/page/collective-bargaining#collective-agreement

Strike

Generally speaking, a strike is a collective action by employees to stop or curtail work.

The LRA defines a strike as including "a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output."

Lock-out

Generally speaking, a lock-out occurs when an employer closes a workplace, suspends work or refuses to continue employing a number of employees during a labour dispute.

The LRA defines a lock-out as including "the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees, or to aid another employer to compel or induce that employer's employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employers' organization, the trade union, or the employees."

Citation: https://www.ontario.ca/page/collective-bargaining#strikes-lockouts

Before a legal strike or lock-out

Unions and employers regulated under the LRA must do the following before they may legally engage in a work stoppage:

• The collective agreement between the union and employer must be expired, or the union and the employer must be negotiating a first collective agreement
• The union and employer must:
  • be in a sector that has the ability to strike or lock out
  • meet with a conciliation officer appointed by the Minister of Labour, Immigration, Training and Skills Development
  • receive a no-board notice or a notice of a conciliation board's report from the Minister of Labour, Immigration, Training and Skills Development
  • wait until the 17^th day after the day the no-board notice is released (or wait until the 10^th day after the day a conciliation board's report is released)
• The union must also hold a strike vote and the majority of the votes must be in favour of going on strike. This doesn't apply to employees in the construction industry or those doing maintenance who are represented by a construction-related union if they or another employee in the bargaining unit were referred to the employer by the union.

When a legal strike or lock-out may begin

A legal strike or lock-out may begin on the 17^th day after the day the Minister of Labour, Immigration, Training and Skills Development releases the no-board notice to the employer and the union.

For example, if the date on the notice was August 1, the employees may legally strike and the employer may legally lock out on August 18.

While the minister rarely appoints a board of conciliation, when that occurs, a strike or lock-out may begin on the 10th day after the day the minister releases a conciliation board's report to the parties.

See sections 79 and 122 of the LRA for rules related to the release of no-board notices and conciliation board reports by the minister.

Citation: https://www.ontario.ca/page/collective-bargaining#section-4

Strike Vote

A strike vote is a secret-ballot vote taken by the union. It is one of the conditions that must be met before employees represented by a union may legally go on strike (except for employees in the construction industry and those doing maintenance who are represented by a construction-related union if they or another employee in the bargaining unit were referred by the union).

For parties with a collective agreement, no legal strike may occur unless the vote is held 30 days or less before the agreement expires or at any time after the agreement expires. More than 50 per cent of those voting must vote in favour of the strike for employees to engage in a legal strike.

Under the LRA, all employees in a bargaining unit, whether or not they are members of the union, are entitled to vote.

Citation: https://www.ontario.ca/page/collective-bargaining#strikes-lockouts

The IPA is one of ACTRA's most important collective agreements. It defines working terms and conditions, and minimum rates for ACTRA members working in film, television and digital media. Other ACTRA Collective Agreements include the UBCP/ACTRA Master Production Agreement (BCMPA), the National Commercial Agreement (NCA), and our several Broadcaster Agreements.

The IPA is the collective agreement between the performers, represented by ACTRA, and the producers, represented by the Canadian Media Producers Association (CMPA) and the Association Québécoise de la Production Médiatique (AQPM), which establishes "the minimum rates and working conditions under which performers may be engaged in Productions produced by any method in Canada or on location outside Canada."

TIP:  Notice in the IPA language, the word "Productions" is capitalized. This indicates it is a "defined term" with a specific meaning for the purposes of the Agreement and that the definition is agreed upon in bargaining and forms part of the collective agreement.

Section A4 of the IPA is entitled Definition of Terms and Article 435 gives us the definition of "Production."

A435  Production means a recorded audio and/or visual work embodying the services and results of Performers, whether such recorded work is fixed on film, tape, or otherwise, and includes but is not limited to each Episode of a Series, a Pilot, etc., regardless of the method of delivery.

It is important to underline the IPA is an agreement, not "the ACTRA rule book."  It is a set of terms negotiated and agreed upon by producers  and performers. The language in the various articles of the agreement represents the areas of agreement between the producers and performers. Where the IPA is silent or vague, it's often an indication the parties were unable to reach agreement or clarity about the issue in question.

Left to themselves, both sides would very likely write quite a different agreement but, through the negotiation process, each side puts forward proposals for additions, deletions or changes to the existing language and tries to get the other side to agree as much as possible.

It is a give-and-take process, which requires the parties to compromise and agree to a proposal from the other side to secure agreement for their own proposals. This is why it's called "bargaining."

Collective bargaining is one of the most important things ACTRA does on behalf of its members.

We are going into bargaining this year because the current IPA (2022-2024) expires on December 31, 2024.

The term of each renewal of the IPA is, itself, is subject to negotiations between ACTRA and the producers, but is generally three years.

Under the IPA, either party can give notice to the other party in writing at least six months prior to the termination date. The Parties agree to meet within 45 days of notice having been given and to commence to bargain in good faith and to make every reasonable effort to enter into a new Agreement.

With the many challenges facing our industry, negotiations with the Canadian Media Producers Association (CMPA), the Association Québécoise de la Production Médiatique (AQPM) and the Alliance of Motion Picture and Television Producers (AMPTP) will be particularly critical this time around.

With this in mind, the parties exchanged proposals on October 10 to give both sides adequate time to review and respond vs. exchanging proposal just days before bargaining formally begins as we have done in the past. This extended period allows ACTRA to research and reach out to members for feedback on any unexpected proposals from the producers.

2024 IPA bargaining will take place over three weeks – November 4-17 in Montreal and December 9-15 in Toronto.

The current IPA (2022-2024) expires on December 31, 2024.

Bargaining the collective agreements that define the minimum working terms and conditions for their members is the fundamental and defining work of a union and the primary reason unions exist. In a very real sense, ACTRA is always preparing for bargaining. ACTRA Business Representatives are called upon to interpret the agreement in their daily interactions with producers. Occasional disagreements that don't lead to actual grievance and arbitration processes can become the basis of future bargaining proposals if either side feels greater clarity is needed.

The daily interaction between union and production builds up a history of practice as new or amended terms are tested in the real world.  This practice creates precedents for consistent contract interpretation and also informs the conversation at the bargaining table.

Under the IPA, either party can give notice to the other party in writing at least six months prior to the termination date. The Parties agree to meet within 45 days of notice having been given and to commence to bargain in good faith and to make every reasonable effort to enter into a new Agreement.

ACTRA conducts surveys, convenes focus groups, holds meetings and solicits input from members in every membership and work category. Business Representatives contribute their experience and insight gained from interpreting the contract and working with producers.

A National Wages & Working Committee receives the input from all these sources, defines key themes and goals, and defines priorities to create a final list of proposals to present to the producers.

A goal of ACTRA’s in this negotiation is to ensure ACTRA members are part of the process. This was the reason behind the union’s decision to increase the number of ACTRA members who sit on the bargaining team from five to 11.

Previously, there were three members from Toronto, one from Montreal and one from another ACTRA branch (excluding UBCP/ACTRA, which negotiates its own agreement). This structure didn’t always represent the needs of the entire country, with one person speaking on behalf of six other jurisdictions.

In this round of bargaining, six ACTRA Toronto members sit on the bargaining committee (which reflects our size within ACTRA) and the remaining five members are from ACTRA branches across the country with observers from the UBCP/ACTRA branch, who have the opportunity to learn from our process.

In addition to the 11 members of the IPA bargaining team, we also have 11 alternates (ACTRA branch representation mirrors the main bargaining team structure). This ensures if someone becomes unavailable, we have fully informed alternates ready to step in. All 22 members have been part of the conversation from the start, allowing for seamless transitions.

In terms of leadership, the bargaining team is led by the National Executive Director, alongside Eleanor Noble, the National President. In terms of staff, Alistair Hepburn, Executive Director of ACTRA Toronto, represents Toronto and Anna Sikorski, ACTRA Montreal Branch Manager, represents Montreal. Gail Haupert, ACTRA Toronto’s Director of Contracts, leads the Film and Television Department and is supported by a strong team including Manager of Contracts Grace Hawkins, Senior Advisor, Film, Television & Digital Media Clare Johnson, and Director of Inclusion & Community Development Luisa Alvarez Restrepo.

We have a significant opportunity to lead these negotiations. Usually, UBCP/ACTRA negotiates its Master Production Agreement before we go into IPA bargaining, but due to their recent one-year rollover, we will be first at the table this time. This shift allows us to step forward and lead without being pressured by the producers to follow what UBCP/ACTRA has accepted.

The IPA is negotiated between two main entities as well as a third party that plays a key role behind the scenes.

The two main entities are the CMPA (Canadian Media Producers Association), which represents English-language producers across Canada, and the AQPM (Association québécoise de la production médiatique), based in Quebec, which represents French-language producers who also produce in English. AQPM also represents producers who create content in French, but those collective agreements are negotiated separately with UDA (Union des Artistes).

Although not a signatory to the IPA, the third party – the AMPTP (Alliance of Motion Picture and Television Producers) – represents the American studios who have the largest financial interest in the IPA. These studios – including Netflix, Disney, Paramount, CBS, etc. – produce content in Canada and are members of the CMPA because they have established Canadian branches. Even though these branches often operate under different names, they are arms of the American producers and have voting rights through the CMPA. The AMPTP also happens to be the group SAG-AFTRA went on strike against in 2023.

Producers should not be surprised with many of ACTRA’s asks as SAG-AFTRA laid the foundation and we’ll be asking them to expand on these.

While bargaining continues, the terms and conditions of the current IPA continue to apply.

The issues SAG-AFTRA faced in the U.S. are the same ones we’re facing here in Canada. At the forefront of these issues are artificial intelligence, accessibility for members, inflation, the lack of inclusion on sets, and residuals, specifically for streaming content.

Following SAG-AFTRA’s 2023 strike, the union made significant gains on many of its key issues. While we share many of these issues, ACTRA will be tailoring our asks to meet our unique Canadian needs. Specifically for artificial intelligence as copyright law differs in Canada from that in the U.S. so we need to ensure any copyright provisions align with Canadian laws.

Inflation means securing higher minimum rates that recognize performers are struggling to meet rising costs of living with income tied to three-year-old rates while, at the same time, bearing the burden of home studios and self-tape facilities that have been downloaded from production onto to performers since the pandemic.

Another key issue is residuals, specifically for streaming content. Let’s look at a case like Suits, which was filmed in Toronto for nine years and featured many ACTRA members. NBC Universal licensed Suits to Netflix years ago and it sat there for a while. Then, because of the success of the show Billions, a new generation of viewers found Suits on Netflix and binge-watched all nine seasons.

Suits became the most-streamed show of 2023, but there’s no mechanism to pay residuals to performers in this scenario because the original sale happened so long ago, so the performers didn't share the new revenue stream generated by their work. That’s why we’re looking at creating a "jackpot clause"—a way for performers to benefit when a streamer benefits.

Ultimately, what we’re aiming for is fairness—a level playing field. If they win, we win. If they don’t win, we don’t win. It’s that simple.

Tip:

An easy way to remember the key issues ACTRA will be negotiating is through the acronym AIR.

• • A: Artificial Intelligence; Accessibility.
  • I: Inclusion; Inflation.
  • R: Residuals; Respect.

ACTRA's list of proposals is the result of an intense process of consultation with performers in every  membership and work category and from every branch. ACTRA's elected leadership and staff conduct focus groups, send surveys and hold meetings to gather member input. Of course, we were also able to closely observe the WGA and SAG-AFTRA strikes in the U.S. last year and study the deals they got and how the new terms have been working since the agreements came into effect.

All of the research and input from ACTRA Toronto and other ACTRA branches goes to the National Wages & Working Committee. Once themes and priorities are identified, we begin to draft our proposals for the employer. That process is still continuing but a deadline is approaching.

On October 10, 2024, the parties have agreed to exchange proposals in advance of formal negotiations.

Strikes and lockouts are pressure tactics used by unions and employers to get the other side to agree to proposed terms and conditions of employment and sign a collective bargaining agreement.

A stoppage or work "slowdown" by a group of employees is called a strike and may involve such activities as picketing and information campaigns.

ACTRA went on strike against IPA producers in January 2007 to define rates for work distributed over the Internet and mobile phones, which the producers wanted for free. The success of that strike secured performers' right to payment and established minimum terms for the explosion of online use that has since grown to become the largest share of industry revenue.

In 2023, many ACTRA members supported U.S. performers, represented by SAG-AFTRA, and U.S. writers, represented by the WGA, who went on strike seeking safeguards to protect performers and writers in the age of Artificial Intelligence, and for a fairer share of streaming revenue generated by their work.

The closing of a place of business or a suspension of work by an employer  is called a "lockout."

When the Institute of Canadian Agencies (ICA) walked out on negotiations of the National Commercial Agreement (NCA) in April 2022 and unilaterally declared the contract had "expired," they locked out union performers who can only work for the minimum terms defined in the NCA. ACTRA's case against the ICA is currently underway at the Ontario Labour Relations Board.

To be successful in negotiations, ACTRA needs to demonstrate to the producers that ACTRA members are prepared to fight for our proposals and that we support our bargaining team.

Having a strike vote has two effects:

• It shows producers we are serious about our proposals and that our members are mobilizing to support them; and
• The process of mobilizing helps the members prepare for a strike if and when one is called.

What kind of strike mandate vote do we need?

The most effective strike mandate vote has a high turnout (the number of members who vote) and a strong strike mandate (the proportion who vote yes). If we get both a high turnout and a strong strike mandate, the employer will know we are serious about our proposals.

A high turnout is important because it shows a wide cross-section of the membership is engaged and mobilized about the bargaining process. A strong yes vote is also important because the union is strongest when it is united. The employer will be much more fearful of a strike – and more likely to negotiate seriously – if they know the vote represents a real threat and is not just a bluff.

Does a ‘yes’ vote mean we’re going on strike?

A strong strike mandate vote does not mean we will strike. It does mean we are ready and willing to do so.

How do we get a strong strike mandate?

The best way to get a strong strike mandate is to involve the largest number of members possible and to make sure everyone has access to the same information and may participate in the same discussion and debates – so we’re confident about why we need a strike mandate vote and how it will help the bargaining process. A mobilization plan is in the works, and more information will be shared once it is available.

What happens after a successful strike mandate vote?

After a successful strike mandate vote, the bargaining team returns to the bargaining table empowered to negotiate a good collective agreement. If the employer still doesn’t take bargaining seriously, we move to next steps. First, both parties will have to meet with a conciliator. If no agreement can be reached, the conciliator files a “No-Board” report, which indicates to the Ministry of Labour the parties are too far apart to reach an agreement. After the No-Board, there is a mandatory wait period of 17 days before we reach a strike or lockout position.

Yes and no.

Unions with a large number of members working full-time in the union's jursdiction are able to pay members  a basic amount during a strike to assist them with basic needs. As a union of gig workers, most of whom are not working at any given time, ACTRA cannot offer this type of replacement income.

Another type of strike pay is compensation for participating in picketing activities. The union make use of this option from time to time to make sure all shifts on a picket are covered. Typically, the number of hours a member may be paid for during a given period is capped and an hourly rate set. ACTRA has no defined rates for such work. ACTRA Branch Councils would likely have to weigh their organizing needs and their financial resources before offering pay for picket duties.

(Almost certainly) yes. Broadly speaking, Article  7, Section 3 of the IPA Negotiation Protocol (IPA Appendix 2) provides that "a strike or lockout called under this Protocol shall be a national strike or lockout affecting all jurisdictions."

ACTRA Toronto will be educating members throughout this process. While we may not share exact proposal language, we will discuss themes and concepts to ensure members’ voices are heard on the issues that matter most. This cannot just be a bargaining team effort – all members need to be a part of this journey. Education and empowerment are key to making that happen.

Watch your inbox, this webpage and ACTRA Toronto's social media channels for more information on IPA bargaining.