COMMERCIAL
 
DIRECTORS GUILD OF AMERICA, INC.
NATIONAL COMMERCIAL AGREEMENT OF 2005
THIS AGREEMENT made and entered into in the City of New York, State of New York dated as of November 1, 2005, by and between the DIRECTORS GUILD OF AMERICA, INC. a California non-profit membership corporation (hereinafter referred to as the “Guild” or “DGA”), with principal offices at 7920 Sunset Boulevard, Hollywood, CA 90046, and at 110 West 57th Street, New York, New York 10019 and the ASSOCIATION OF INDEPENDENT COMMERCIAL PRODUCERS, INC. located at 3 West 18th Street 5th Floor, New York, New York 10011 on behalf of certain of its television commercial production companies (hereinafter referred to as the “Producer” or the “Employer”).

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TABLE OF CONTENTS
includes
 start page

WITNESSETH:

1 

ARTICLE 1 RECOGNITION AND GUILD SHOP

1-100 RECOGNITION AND GUILD SHOP
  • 1-101 Recognition
2
  • 1-102 Guild Shop
2

1-200 DEFINITIONS
  • 1-201 Commercial or Television Commercial
4
  • 1-202 Geographic Scope of Agreement
4

1-300 DEFINITIONS OF EMPLOYEES RECOGNIZED
  • 1-301 Director
4
  • 1-302 Unit Production Managers
6
  • 1-303 First Assistant Directors
7
  • 1-304 Second Assistant Directors
8
  • 1-305 Exclusive Jurisdiction
8

ARTICLE 2 DISPUTES
  • 2-101 Disputes
8
  • 2-102 Liquidated Damages
9
  • 2-103 Non-Payment
9
  • 2-104 Access and Examination of Books and Records
9

ARTICLE 3 PENSION AND HEALTH PLANS
  • 3-101 Employer Pension Contributions
10
  • 3-102 Employer Health Contributions
10
  • 3-103 Loan-Outs
10
  • 3-104 Definition of Salary for Pension and Health Contribution
11
  • 3-105 Reporting Contributions
12
  • 3-106 Trust Agreements
12
  • 3-107 Non-Payment of Pension and Health Contributions
13
  • 3-108 Access and Examination of Books and Records
13

ARTICLE 4 MINIMUM SALARIES AND WORKING CONDITIONS OF DIRECTORS
  • 4-101 Minimum Salaries
14
  • 4-102 Preparation Time - Director
14
  • 4-103 Sixth and Seventh Day, Holiday and Layover Time
14
  • 4-104 Holidays
15
  • 4-105 Severance Pay for Directors
15
  • 4-106 Director’s Preparation, Completion and Travel Time
16
  • 4-107 Starting Date
16
  • 4-108 Director-Cameraperson
17
  • 4-109 Copy of Spot
17
  • 4-110 Work In Excess of 18 Hours
17 

ARTICLE 5 STAFFING, MINIMUM SALARIES AND WORKING CONDITIONS OF UNIT PRODUCTION MANAGERS, FIRST ASSISTANT DIRECTORS AND SECOND ASSISTANT DIRECTORS

5-100 STAFFING
  • 5-101 UPM Staffing
17
  • 5-102 first Assistant Director Staffing
18
  • 5-103 Second Assistant Director Staffing
18

5-200 MINIMUM SALARIES
  • 5-201 Minimum Salaries
19

5-300 WORKING CONDITIONS
  • 5-301 Work Day
20
  • 5-302 Work Week
20
  • 5-303 Overtime
20
  • 5-304 Work In Excess of Eighteen Hours
21
  • 5-305 Rest Period
21
  • 5-306 Sixth and Seventh Days
21
  • 5-307 Work in Higher Classification
22
  • 5-308 Preparation and Completion Time
22
  • 5-309 Meals
22
  • 5-310 Travel Time
23
  • 5-311 Holidays
23
  • 5-312 Vacations
24
  • 5-313 Conclusion/Termination of Services
24
  • 5-314 Cancellation Fee
25
  • 5-315 Severance Pay
25 

ARTICLE 6 TRAINING PROGRAMS, QUALIFICATION LISTS AND INTERCHANGE

6-100 TRAINING PROGRAM - ASSISTANT DIRECTORS
  • 6-101 Training Program
26

6-200 TRAINEES’ TERMS AND CONDITIONS OF EMPLOYMENT
  • 6-201 Trainees’ Terms and Conditions of Employment
27
  • 6-202 Assignments
27
  • 6-203 Working Conditions
28

6-300 COMMERCIAL QUALIFICATION LISTS
  • 6-301 Number of Lists and Categories
28
  • 6-302 Preference of Employment
29
  • 6-303 Selection and Funding of the CQA
30
  • 6-304 Requirements for Placement on the Lists
30
  • 6-305 Cross-Listing
33
  • 6-306 CQA Application Procedure
34
  • 6-307 New York Area Guarantee Provision for Unqualified Applicants
35

ARTICLE 7 MISCELLANEOUS PROVISIONS
  • 7-101 Hazardous Work Allowance
36
  • 7-102 Strikes and Picket Lines
37
  • 7-103 Hold Harmless
38
  • 7-104 Subcontracting
38
  • 7-105 Producers Bound by this Agreement
39
  • 7-106 Late Payments/Bond
39
  • 7-107 Conformity to Law-Saving Clause
39
  • 7-108 No Discrimination
40
  • 7-109 Minimum Terms and Conditions
40
  • 7-110 Management Rights
40
  • 7-111 Non-Commercial Productions
40
  • 7-112 Employment of Associate Directors
41
  • 7-113 Study Committees
42
  • 7-114 Production Services
42

ARTICLE 8 LOW BUDGET COMMERCIALS

8-100 Low Budget Commercials

42

ARTICLE 9 SPEC SPOTS AND PSAs
  • 9-101 Spec Spots
42
  • 9-102 PSAs
43

ARTICLE 10 NEW MEDIA
  • 10-100 New Media
43

ARTICLE 11 DURATION OF AGREEMENT
  • 11-100 Duration of Agreement
44
EXHIBITS:

EXHIBIT A Deal Reporting Memorandum

45

EXHIBIT B Commercial Project Listing Form

46

EXHIBIT C Commercial Director Notice of Employment

47

EXHIBIT D DGA Industrial Supplement to the National Commercial Agreement of 2005

48

SIDELETTERS:

NO. 1 Midwest Sideletter

53

No. 2 Second Assistant Director Qualification List Sideletter

55

NO. 3 AICP Sideletter

58
  • Aicp Sideletter #1 (Deferred Directors)
64
  • Aicp Sideletter #2 (Foreign Commercials)
66
  • AICP Sideletter #3 (UPM Staffing)
68
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