One of the most commonly misunderstood concepts in AICP Labor Agreements with the IATSE is “no minimum staffing.”
The general rule is simple: You staff for the work being performed. There is no requirement to hire a minimum number of crew, build out full departments, or automatically engage department heads unless the work being performed actually calls for it.
The Basics
A “no minimum staffing” provision means: There is no fixed rule requiring an employer to hire a certain number of people for a job or department. Instead of following a required headcount, employers have flexibility to decide how many people are needed based on the actual work.
The following AICP Labor Agreements have “no minimum staffing” provisions:
IATSE Commercial Production Agreement (“CPA”)
IATSE Production Workers’ Agreement (“PWA”)
USA Local 829 Commercial Agreement
But There Is Still a Requirement: Proper Coverage
Even without minimum staffing rules, one key obligation remains: All necessary work must be properly covered under the applicable Agreement.
This means:
All necessary functions must be accounted for
Workers must be hired consistent with contractual requirements (i.e., “Preference of Employment” or “First Consideration for Employment” provisions must be adhered to)
Workers must be paid on the appropriate union local timecard
So while there’s no required number of workers, there is a requirement to staff appropriately for the work at hand.
Core Principle: Staff by Function, Not by Template
The Agreements are structured around work functions, not rigid department formulas or local-by-local staffing requirements.
For employers, that means:
You are not required to create a department if its work is not being performed
You are not required to hire a “key” (department head) unless someone is actually performing supervisory/department head duties
You may staff across classifications and locals based on the work itself, not a predetermined hierarchy
Function Drives Structure
Using the “Art Department” as an example, if there’s no production design work, then you do not need to employ an Art Director/Production Designer (note that these titles are synonymous in the CPA and USA 829 Agreement).
If your spot involves no design, build, or visual modification because you’re using a location as-is or are on a soundstage in front of a green screen, then: No Art Director/Production Designer is required.
If you are only dressing the set by placing furniture or visual elements, then:
Set decoration work is being performed, so
Staff a Set Decoration Department (e.g., Set Decorator, Set Dressers as needed, etc.)
If your shoot includes props that the actors will handle, then:
Property work is being performed, so
Staff a Property Department accordingly
Departments are not all-or-nothing. You can theoretically have:
Props without set dressing
Set dressing without art direction
Neither, if none of the work is required
Cross-Local, Function-Based Staffing
The Costume Department is a useful illustration of how staffing is driven by function rather than union local or job title.
If your production involves wardrobe selection, fittings, or on-set costume support, then:
Costume work is being performed, so
A Costume Department should be staffed—but only to the extent the work requires
(Important Note: The CPA recognizes “Stylist” as a non-union classification for commercials. However, the USA 829 Agreement covers “Stylist” in NY City).
Under the CPA, departments do not need to be staffed rigidly by local or title hierarchy. Instead, you can build a team based on the functions being performed.
For example:
A Local 705 Key Costumer working with a Local 892 Assistant Costume Designer, or
A Local 892 Costume Designer working with a Local 705 First Assistant Costumer
Both structures can be appropriate depending on the scope of work.
“Key” Titles Are Not Automatic
Just because a department exists does not mean you must assign a “key” title.
If no one is performing department head functions (creative leadership, supervision, budgeting, etc.), then you are not required to designate a department head.
Instead, you can:
Staff a single qualified technician, or
Build a small team without a formal “key,” if the work does not justify it
The guiding question remains: What work is being performed and at what level?
Why This Matters
Commercial production demands flexibility. The above-listed agreements reflect that by allowing employers to:
Scale crews up or down based on creative needs
Avoid unnecessary staffing costs tied to assumptions
Build departments that reflect actual workflows, not theoretical ones
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.