The IATSE Commercial Production Agreement (“CPA”) has very specific rules (and exceptions to the rules) if you’re hiring for work in Los Angeles County, or hiring in Los Angeles County for work to be performed elsewhere. Here’s what you need to know:
Preference of Employment Comes First
Under Article X, Section 1(a)(i), employers must generally hire workers in LA County from the Industry Experience Roster (“IER”) or Television Commercial Roster (“TCR”) (click here to search the rosters). The rosters are lists of workers who have experience in the industry and are eligible to work on productions covered by the Agreement.
This is the CPA’s preference of employment rule: Employers must hire from the IER or TCR. (Sidenote: while most people on the rosters are union members, union membership is not technically required to be listed, so someone could be on the roster — and thus eligible for hire — but not be in the union).
Exception to the Rule
For commercial productions, an advertiser or agency can specifically designate someone to be hired who’s not listed on the roster, and the employer can hire that individual. Employers do not need permission or waivers from the union to make these hires. As Article X notes:
“In recognition of the special conditions in production of television commercials, the Employer may employ persons specifically designated by the advertiser or its agency who are not otherwise entitled to preference.”
This exception applies only in this limited context. It does not override other contract rules: the designated non-rostered individual must still be paid on the applicable union timecard with all the terms and conditions afforded by the CPA.
Remember that this is specifically for LA County, where roster-based hiring is the requirement. Outside of LA, there is no “preference of employment” requirement, instead you have “first consideration for employment,” which follows a different protocol (see Terms & Conditions: Preference of Employment vs. First Consideration).
Union Security Still Applies
Despite the above exception, union membership requirements (known as “union security”) under Article II, Section 1 of the CPA still apply:
“Employees covered by this Agreement, as a condition of employment, shall become and thereafter remain members in good standing of the IATSE... on and after the thirtieth day of their employment… The foregoing shall be subject to and limited by applicable State law…”
What this means in practice:
Any employee performing covered work must join the union after 30 workdays on a union timecard.
If someone has already passed the 30-workday threshold and has not joined the union, then they cannot be hired, not even under the Article X exception for agency- or advertiser-mandated hires. Hiring someone in that situation could trigger a grievance for violation of union security.
Understanding these nuances for hiring in LA County under the CPA — such as when exceptions apply and when union security kicks in — is essential to make sure your practices are contractually compliant.
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.