Film Unions, Studios Reach Deal On COVID-19 Protocols

By Braden Campbell
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Law360 (September 23, 2020, 2:53 PM EDT) -- The unions representing TV and film casts and crews have reached a deal with Hollywood studios on ground rules for filming during the coronavirus pandemic, including testing protocols, sick and quarantine pay, and masking rules.

The return to work agreement, finalized Monday, allows Hollywood to reopen on a large scale following months of bargaining between the Alliance of Motion Picture and Television Producers and the unions for directors, actors and production workers over how to mitigate the risks of contracting COVID-19 on set.

"At long last, I'm confident that these protocols, as rigid and thoughtful as those of any industry in America, will keep crew and cast safe as well as the communities they live and work in," said Thomas J. O'Donnell, the head of the Teamsters Motion Picture & Theatrical Trade Division, which represents drivers, location scouts and other workers.

The deal is the product of "unprecedented inter-union collaboration" and "unwavering solidarity" among the five unions that represent workers in various segments of the industry, said Matthew Loeb, the president of the International Alliance of Theatrical Stage Employees, which represents technicians and set builders.

The Directors Guild of America, the Screen Actors Guild-American Federation of Television and Radio Artists, and the Hollywood Basic Crafts Unions, Teamsters Local 399 also signed the agreement with AMPTP, which represents the production companies in bargaining.

"The studios will be making a substantial investment in testing, redesigned workplaces, COVID-19 sick leave, quarantine pay and other safeguards designed to facilitate the safe resumption of production and enable the industry to recover and grow," AMPTP President Carol Lombardini said. 

TV and film production in Hollywood halted in March following government shutdown orders and has stayed largely dormant following California's reopening as the studios and unions hashed out a plan for safely resuming production.

Monday's deal, which is based on a union report and an joint labor-management white paper, sets out dozens of safety rules for TV and film productions including a testing regimen, benefits for workers who get sick and can't work, and measures for ensuring compliance with the plan.

Under the deal, every member of the cast and crew for a production will undergo testing for active virus on their first day followed by regular testing throughout their work depending on risk factors.

Because they can't wear masks or maintain distance while cameras are rolling, performers and those with whom they have direct contact will be tested at least three times a week. Other on-set workers must be tested at least once a week, and workers in non-set production areas must be tested at least every two weeks.

The agreement provides for up to 10 days of paid sick leave at up to $750 per day to workers who miss work for certain coronavirus-related reasons, including if they test positive for COVID-19 or exhibit symptoms, must quarantine due to possible virus exposure, or have to care for a child or senior whose regular care provider has closed.

Production companies must also designate a compliance supervisor to monitor implementation of the agreed-upon safety protocols at each production. This person must identify and report safety concerns and can pause work to address them. Other provisions in the contract require workers to wear masks whenever possible, and allow production companies to monitor workers' whereabouts for contract tracing purposes.

SAG-AFTRA President Gabrielle Carteris described these measures as "sensible, science-based protocols that allow members to return to doing the work they love while managing risks."

--Editing by Bruce Goldman.

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