COMMERCIAL
 
DIRECTORS GUILD OF AMERICA, INC.
NATIONAL COMMERCIAL AGREEMENT
(December 1, 2009 - November 30, 2011)
THIS AGREEMENT made and entered into in the City of New York, State of New York dated as of December 1, 2009, 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”).

The following documents is a PDF formatted for printing and requires the Adobe Acrobat reader to access and view. If you don't have Acrobat Reader you can download it here for free.

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
5

1-300 DEFINITIONS OF EMPLOYEES RECOGNIZED
  • 1-301 Director
5
  • 1-302 Unit Production Managers
7
  • 1-303 First Assistant Directors
8
  • 1-304 Second Assistant Directors
9
  • 1-305 Exclusive Jurisdiction
9

ARTICLE 2 DISPUTES
  • 2-101 Disputes
9
  • 2-102 Liquidated Damages
10
  • 2-103 Non-Payment
10
  • 2-104 Access and Examination of Books and Records
11

ARTICLE 3 PENSION AND HEALTH PLANS
  • 3-101 Employer Pension Contributions
11
  • 3-102 Employer Health Contributions
11
  • 3-103 Loan-Outs
11
  • 3-104 Definition of Salary for Pension and Health Contribution
12
  • 3-105 Reporting Contributions
13
  • 3-106 Trust Agreements
14
  • 3-107 Non-Payment of Pension and Health Contributions
14
  • 3-108 Access and Examination of Books and Records
15

ARTICLE 4 MINIMUM SALARIES AND WORKING CONDITIONS OF DIRECTORS
  • 4-101 Minimum Salaries
16
  • 4-102 Preparation Time - Director
16
  • 4-103 Sixth and Seventh Day, Holiday and Layover Time
16
  • 4-104 Holidays
17
  • 4-105 Severance Pay for Directors
18
  • 4-106 Director’s Preparation, Completion and Travel Time
18
  • 4-107 Starting Date
19
  • 4-108 Director-Cameraperson
19
  • 4-109 Copy of Spot
19
  • 4-110 Work In Excess of 18 Hours
19

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
20
  • 5-102 first Assistant Director Staffing
20
  • 5-103 Second Assistant Director Staffing
21

5-200 MINIMUM SALARIES
  • 5-201 Minimum Salaries
22

5-300 WORKING CONDITIONS
  • 5-301 Work Day
23
  • 5-302 Work Week
23
  • 5-303 Overtime
23
  • 5-304 Work In Excess of Eighteen Hours
24
  • 5-305 Rest Period
24
  • 5-306 Sixth and Seventh Days
24
  • 5-307 Work in Higher Classification
25
  • 5-308 Preparation and Completion Time
25
  • 5-309 Meals
26
  • 5-310 Travel Time
26
  • 5-311 Holidays
27
  • 5-312 Vacations
27
  • 5-313 Conclusion/Termination of Services
28
  • 5-314 Cancellation Fee
28
  • 5-315 Severance Pay
29

ARTICLE 6 TRAINING PROGRAMS, QUALIFICATION LISTS AND INTERCHANGE

6-100 TRAINING PROGRAM - ASSISTANT DIRECTORS
  • 6-101 Training Program
30

6-200 TRAINEES’ TERMS AND CONDITIONS OF EMPLOYMENT
  • 6-201 Trainees’ Terms and Conditions of Employment
31
  • 6-202 Assignments
32
  • 6-203 Working Conditions
32

6-300 COMMERCIAL QUALIFICATION LISTS
  • 6-301 Number of Lists and Categories
32
  • 6-302 Preference of Employment
33
  • 6-303 Selection and Funding of the CQA
34
  • 6-304 Requirements for Placement on the Lists
34
  • 6-305 Cross-Listing
37
  • 6-306 CQA Application Procedure
39
  • 6-307 New York Area Guarantee Provision for Unqualified Applicants
40

ARTICLE 7 MISCELLANEOUS PROVISIONS
  • 7-101 Hazardous Work Allowance
41
  • 7-102 Strikes and Picket Lines
42
  • 7-103 Hold Harmless
43
  • 7-104 Subcontracting
44
  • 7-105 Producers Bound by this Agreement
44
  • 7-106 Late Payments/Bond
45
  • 7-107 Conformity to Law-Saving Clause
45
  • 7-108 No Discrimination
45
  • 7-109 Minimum Terms and Conditions
46
  • 7-110 Management Rights
46
  • 7-111 Non-Commercial Productions
46
  • 7-112 Employment of Associate Directors
47
  • 7-113 Study Committees
47
  • 7-114 Production Services
48

ARTICLE 8 LOW BUDGET COMMERCIALS

8-100 Low Budget Commercials

48

8-200 Non-Traditional Low Budget Commercials

 48

ARTICLE 9 SPEC SPOTS AND PSAs
  • 9-101 Spec Spots
49
  • 9-102 PSAs
49

ARTICLE 10 DURATION OF AGREEMENT
  • 10-100 Duration of Agreement
 50
EXHIBITS:

EXHIBIT A - Staff Deal Reporting Memorandum

51

EXHIBIT B - Commercial Project Listing Form

52

EXHIBIT C - Commercial Director Notice of Employment

53

EXHIBIT D - DGA Industrial Supplement to the National Commercial Agreement of 2009

54

SIDELETTERS:

No. 1 - Midwest Sideletter

59

No. 2 - Second Assistant Director Qualification List Sideletter

62

No. 3 - AICP Sideletter

65
  • AICP Sideletter #1 (Deferred Directors)
 72
  • AICP Sideletter #2 (Foreign Commercials)
 74
  • AICP Sideletter #3 (UPM Staffing)
76

No. 4 - Tech Scouts Sideletter

78

Code of Preferred Practices

 79
Related Items: