Judge rules ACTRA strike can go on, but orders arbitration

CBC Arts

A judge has ruled a labour action by the union representing 21,000 Canadian actors can continue but has ordered the two parties into arbitration.

Ontario Superior Court Justice Sarah Pepall issued a ruling Tuesday on the dispute between the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) and the trade group representing producers, the Canadian Film and Television Production Association (CFTPA).

Both ACTRA and the CFTPA are claiming victory after the ruling.

ACTRA says the labour action begun on Jan. 8 has been found to be legal.

The CFTPA is claiming an arbitrator eventually will decide whether the strike can continue.

In a case that came before a Toronto court last week, the CFTPA asked the judge to declare the strike illegal and to throw out the continuation letters ACTRA has signed with producers throughout the country.

These letters allow film and TV productions to keep shooting if they meet ACTRA demands for a five per cent wage hike and a two per cent improvement in benefits.

The judge did not rule on the legality of the letters, but referred the issue to arbitration.

"The ACTRA strike will continue and our strategy of offering continuation letters will continue," said ACTRA negotiator Stephen Waddell.

He urged the CFPTA to stop throwing up legal hurdles and to return to the bargaining table.

Actors in 2 more provinces to join action

In a development that will strengthen ACTRA's position, actors in two more provinces will join the labour action, which now extends through Ontario, Quebec, Manitoba and Saskatchewan.

Conciliators from both Nova Scotia, and Newfoundland and Labrador issued "no board" reports, which will permit ACTRA to extend its strike to those provinces by Feb. 15. Alberta actors could join the labour action by the end of February.

In a move the producers association claimed as a victory, the judge ordered both parties to agree on an arbitrator and to begin arbitration on the issue of the letters and the terms of their Independent Production Agreement.

Arbitration could begin within two weeks, said Jeff Brinton, spokesman for the CFTPA.

"We're pleased with the ruling of the court. It has done what we asked it to do, which is to force ACTRA into arbitration," he said.

Arbitration can be lengthy and will not cover all the issues that divide the two parties in their labour negotiations.

Talks between the two parties broke down over wages and the issue of electronic rights.

Brinton said the producers would not return to the bargaining table until ACTRA changes the terms of its last offer, which he called "unreasonable."