By: AICP Labor Relations Staff
Welcome to Terms & Conditions, a new column in Spotted highlighting practical tips on how to use the AICP’s nine collectively bargained agreements to your advantage. Have a contract question or a clause you’d like explained? Email Ralph Loyola, Labor Relations Manager, at ralphl@aicp.com.
This month, we’re spotlighting a powerful but often overlooked clause in the IATSE Commercial Production Agreement (“CPA”) – one that can give you flexibility when hiring U.S. crew for jobs outside the U.S., Puerto Rico, and the U.S. Virgin Islands.
The Short Version:
If you’re sending a U.S.-based crew member abroad, you don’t have to follow every CPA term. You and the crew member can agree to an “alternative agreement” (e.g., a flat deal) for the time they’re working internationally, as long as you make at least seven days (which equals 75 hours) of Motion Picture Industry Plans (“MPI”) benefit contributions for them.
What This Means in Practice:
Let’s say you want to bring your go-to U.S.-based Local 600 DP to shoot in Prague for three days. Under this provision, you can negotiate rates, overtime rules, turnaround, travel days, and other terms directly with the DP – without being locked into CPA daily rates or conditions – while still covering their MPI benefits for a full week. If the job goes longer than seven days, benefits can be prorated for partial weeks after that minimum is met.
Why Use It?:
● Cost Efficiency and Flexibility - You can customize deal terms to local shoot realities abroad.
● Crew Loyalty - Keeps your preferred U.S. crew involved on foreign jobs.
Pro Tip:
This clause is a win-win: your crew keeps their benefits, and you gain flexibility to adapt deals to each job’s unique budget and parameters.
Quick How-To: Using the CPA’s “Alternative Agreement” for Foreign Shoots:
- Confirm your crew member is eligible.
○ Must be a U.S.-based IATSE bargaining unit member (covered under the CPA).
- Decide if the job qualifies.
○ Work must be performed outside the U.S., Puerto Rico, and the U.S. Virgin Islands.
- Negotiate an “alternative agreement.”
○ This can be a flat deal or other customized terms (rates, turnaround, travel, etc.).
○ Both the Employer and the crew member must agree to the terms.
- Guarantee MPI benefit contributions.
○ At least 7 days / 75 hours of contributions to the Motion Picture Industry Plans, regardless of how many days/hours they actually work abroad.
○ If the job is longer than 7 days, prorate benefits for partial weeks after the minimum is met.
- Best Practice: Document everything.
○ Although not required by the CPA, you may opt to have a written alternative agreement between you and the crew member and proof of the MPI contributions.
The Actual Contract Language (Article I, Section 5):
“In the event the Employer elects to and does employ a member of the bargaining unit in the United States, Puerto Rico and the U.S. Virgin Islands (Section 2) to perform work outside the limits of the United States, Puerto Rico and the U.S. Virgin Islands (Section 2), the Employer may make any other agreement to apply to such employment, such as a ‘flat deal’ contract, in the place and stead of the provisions of this Agreement, provided such other agreement requires that benefit contributions be made on behalf of such person at the applicable rate(s) set forth in this Agreement for not less than seven (7) days per week (seventy five (75) hours per week in pension, health and contributions for the Motion Picture Industry Plans) which amount may be prorated for partial workweeks at the beginning and end of employment.