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Florida is a Right to Work State which means that you do not have to be a member of any union or other form of labor organization. As a result of this state law, numerous productions companies film throughout Florida to take advantage of the lower talent cost. As a union talent (member of SAG) talent payment is according to a negotiated "scale" rate. On the other hand, non-union talent are generally paid less... clients dictate prices.
The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.
Florida's Right To Work provision means that, except for persons employed on federal enclaves, employees cannot be required to be members of a labor organization as a condition of employment or continued employment. This, however, does not limit production companies and labor organizations (or unions) from constructing arrangements whereby the parties agree that the union will exclusively provide labor for a particular job site. If the union has an exclusive hiring hall agreement with the production company then all persons hired into the specified labor positions covered by the agreement must be registered with the union's hiring hall in order to be referred, consistent with the terms of the parties' agreement. If the union has a non-exclusive hiring hall agreement with the production company, then persons seeking to be hired into one of the specified labor positions may do so either through the union's hiring hall or directly through the production company, consistent with the terms of the parties' agreement. Production companies are not obligated to enter into agreements with unions as a source of labor; alternatively, production companies may wish to utilize other means of pooling qualified candidates from which to hire its labor.
That said, it must be noted most of the motion picture and television production unions are represented in the state. Their membership expands from Miami-Dade County to Jacksonville and Pensacola.
A union can picket the Production Company, cause a strike, or lawfully use other economic weapons available to it. Additional facts are required to determine whether specific conduct is a possible violation of the National Labor Relations Act. If a union is engaging in activity that is causing a work stoppage in the production, then the Production Company should probably consult with an attorney who can analyze the specific facts involved. To report unfair labor practices, cognizable under the National Labor Relations Act (NLRA), contact:
National Labor Relations Board, Region 12
South Trust Bank Building, Suite 530
Tampa, FL 33602-5824
Phone: (813) 228-2641.For more information, please visit web sites for:
National Labor Relations Board