Overview
The IATSE Production Workers’ Agreement (“PWA”) has a Confidentiality Agreement provision (also known as a Non-Disclosure Agreement, or NDA) that recognizes the unique nature of production workers’ roles on projects and helps protect the Production Company as well as the agency and/or advertiser. Production Companies have the authority to require – and should require – employees to sign the Confidentiality Agreement for every production on which they are employed. Click here to download the Local 111 PWA Confidentiality Agreement.
Unique Nature of Production Teams
Freelance production employees routinely have access to highly sensitive, non-public information, including budgets, bids, financial terms, schedules, creative concepts, production techniques, and internal business practices of Production Companies. Unlike many other freelance production employees, production teams are embedded in the core operational and financial planning of a project from development through wrap, often before client approvals and public announcements. This access creates heightened confidentiality risks that should be managed on a production-by-production basis.
Protection of the Production Company’s Information
While confidentiality obligations in other collectively bargained agreements are often limited to protecting the advertiser’s or agency’s information, the Local 111 PWA’s confidentiality provisions are expressly intended to protect the Production Company’s proprietary and business information as well. Article XXVII, Section 1(a) of the PWA recognizes that employees may have access to confidential and proprietary information “of the Employer relating to the production and/or to the Employer’s business,” including trade secrets, budgetary, financial, and creative materials, and production techniques. Requiring employees to sign the Local 111 Confidentiality Agreement for each production reinforces these obligations and ensures clear, contemporaneous acknowledgment tied to the specific project.
Having employees sign an NDA for every production also promotes consistency across projects and strengthens the employee’s understanding of confidentiality expectations for that particular engagement. Section 1(b) of Article XXVII expressly authorizes the Employer to require execution of the above-linked confidentiality form as a condition of employment when required by the Employer, Agency, or Advertiser.
Compliance with Federal Labor Law
Importantly, the PWA’s confidentiality obligations are not absolute. Article XXVII, Section 1(a) expressly preserves employees’ rights under federal labor law to discuss their individual wages and working conditions with coworkers and/or the Union. While the provision restricts disclosure of proprietary, non-public information (including to Union representatives), it does so “except as protected or required by applicable labor laws.” Requiring an NDA therefore does not interfere with protected union communications.
Conclusion
Requiring PWA-covered freelance production employees to sign an NDA for every production is a prudent and contractually supported practice. It reflects the unique access production teams have to sensitive information, protects the production company’s proprietary interests (not just those of clients), satisfies agency and advertiser expectations, and remains fully compliant with federal labor law and the express carve-outs in the PWA.
Necessary Disclaimer: The information provided here is a general overview for educational purposes and should not be considered fully comprehensive or exhaustive of the subject matter covered. For guidance on specific situations or other contract-related questions, please contact David Michael González, VP, Labor Relations & External Affairs, davidg@aicp.com, and Ralph Loyola, Labor Relations Manager, ralphl@aicp.com.