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With or Without a Boom OP


slemaker

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Hey Everybody,

I have read and discussed directly with some of you about how problematic it is for mixers to agree to work without boom ops.  I was recently asked to mix a "guide track" on a union commercial with no boom op.  I know many of us have been asked repeatedly to do this and it is obviously in everyone's best interest not to cave in to production requests(or demands) like this.  When asking around some of my associates I was told many things including that production could get a waiver or a mixer could be fined, suspended, etc by the union for working without a boom op.  While I certainly agree that working without a boom op is whack I wondered what the real rules are regarding minimum staffing in the production agreements.  I asked a knowledgeable friend and this was his response:

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          So you know me – I’m very curious about all the rules so I got my little red book (2004 Commercial Production Agreement) that I got when I went to the IATSE offices. And after reading everything, here is what the contract says…..

ARTICLE XIII – OPERATIONS

Section 1.        (a)        There shall be no minimum staffing requirements provided, however, staffing practices shall be consistent with the general past practice of the television commercial production industry. Consistent with past practice, there shall be practical interchangeability within the production crafts.

So I don’t know how more general they could have made it. Although I don’t know what they mean by “practical interchangeability within the production crafts”. Interchangeable implies similarity – so perhaps they mean a reasonable similarity of staffing between the different departments. Actually, I think that is what they mean. So if one department has an assistant, then it should be the same for everybody. But the whole no minimum staffing line at the beginning leaves much to interpretation. These rules are so fucking vague. I guess you’re right – until they can clarify or write in the contract the language, if a member of SAG or talent speaks, then a boom operator is needed, or simply just say a boom operator is required for all jobs, except those existing in the low budget agreement. In any event – with this language it seems production can take advantage and use their leverage. I wonder though how 695 can fine you or a signatory company for doing a job without a boom operator when the law is not specific in the contract. Or perhaps ‘general past practice’ implies having a boom operator and it would be upheld in court. But 695 should really try to change the wording in the contract / I think – unless it’s been upheld in court. Maybe you should be the guinea pig and sue (production company)? OH SHIT?!?! Well, I guess 695 would have to sue them.

It’s very interesting. Maybe I should go into entertainment law.  Take care….

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Can anyone here tell me what the real story is regarding this issue.  And has anyone here perfected a response to get production to cave in to having a boom op and just not giving the job up altogether???

cheers to you all,

Charlie Slemaker

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Guest afewmoreyears

Here is my take....  people can take it or leave it....

  They already canned our third guy on commercials....  and as anyone should know, the job of a boom op is SO much more than just booming.....  We as mixers have enough to do without being asked to handle mics, guide track or not.

  Un-loading, loading,  setting up the work area, comteks or IFBs, time code slates, planting, booming, wiring talent, cabling, calling SPEED so it does not have to be shouted, and on and on..... Bottom line, a lot to do for even a guide track.And that guide track usually leads to sync dialog.....

  Now,  in my experience, one of the mindless clients or agency folks will come up with great ideas..... like,  lets have the guy say....Blah, blah, blah....  he's bald, wearing a swimsuit and can't be miked.... now what... I tell you what.... they all look at you wondering why you have no boom op..... Now your the idiot somehow..  see how that happens... funny thing is, the show probably budgeted for one and production told no one they canned your ONLY guy....  True story, agency came up to me and said  "why don't you have a boom op?"  I said ask them (production), they told me I could not have one..... boy were they pissed off....  That was a one time occurrence.

  Bottom line..... Union commercial gig...... sound dept on set..... YOU MUST HAVE A BOOM OP!!!!!!!  when the camera Op. is pulling his or her own focus, I'll consider it.....  other than that.... explain to the cheap FUC_S you need one to properly run your dept. ,  also tell them all the other crap they do and why you need them....  don't back down....  if they fire you,  call the useless union and let them know..... maybe they will do something.....  cross your fingers.....

  Excuse me for the language, but please.....  this has to stop...... I just hate this....  another weasel tactic...12 hr day,  1/2 day travel, no boom guy,  this is what we have in the budget.... etc..  not so much the mixers, but production.  All to sell a 60 thousand dollar Toyota....  or Coke for example....  it makes me sick to my stomach.

  I was told the prod. co. could ask for a waiver, but would never get one for the reasons mentioned.

  We all need to NOT back down on this one....  It is a VERY slippery slope here,  some of you guys who do this should be bitch slapped for it.... (kidding).....it too will be the slow death of us all...

  Come on guys, stand your ground, be firm yet polite....  be strong....  don't let this continue to happen....

  I wont do it....  they can stick their job in their_ _ _.

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Hey Charlie, you are correct about the vagueness of the commercial contract, but the answer to your question is in the job description of the contract, not article 13...  Y-1 is the sound mixer who is in charge of mixing the mics and operating the recording devices. No mention of operating or placing the mics as his job description. The Y-8, Boom OP is all about mics, placement and operation etc.... and excludes operating recorders. This is how it has been done for the 30 years I have done commercials. This is the contract the commercial companies signed and we (they n us) are legally required to respect and operate under. Some companies want it both ways. I mean when it benefits them they are all for it, when they think you don't need a boom op they don't think it applies. That of course is complete horse-shit. I know some cats out there are hungry and will do anything to get in with a company, but that is a very short sighted as well as contractually illegal pov.  Unless it is non sync wild track or snd.fx the job is a two person gig. Stand up for your rights and make your point as politely and firmly as possible. I have had this conversation with many producers, Pm's etc... and most understand when you educate them, but others are only trying to save a buck instead of making the project correctly. I have lost jobs this way so that is the risk you take short term. I end those conversations with " Good luck, I'm sure you'll find someone who will work outside the contract. I hope you and whoever don't get caught and your job goes well."

CrewC

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I’d like to offer a different perspective.  In Florida almost all departments are collectively represented by one Union Local and of course the majority membership is the labor force.  The same holds true for International representation as observed in the East Coast Area Standards Agreement.  Our Film Mixers rates vary from $25 - $30.  Then comes the “other” contracts for “Low Budget Movies”, “Music Videos”, “HBO” where Sound Mixers rates can drop to new lows such as $19.57 for low budget features.  Of course we are allowed to participate in “individual negotiations”, but the median rates are already set.

On numerous productions we are offered deals months in advance, then when a Union Contract is signed those already negotiated and agreed to rates plummet by usually 50%.

Some years back as budgets squeezed the Union sacrificed our third “Utility” position.  As new productions negotiated with Sound the budgets with low rates usually still factored in a “Utility”.  As “individual negotiation” progressed and to keep our rates at a reasonable level the boom and I often agreed to work without our Utility and we split his rate between us.

In years past I’ve accommodated friends making movies by affording to work with them by working solo.  I mix and boom and take their entire sound budget in order to afford them my services.  Simple shoots, simple shots no problem. 

A recent  “low budget” feature 1st time director and personal friends came in under the contract that provided a $19.57 mixer rate.  I thought it was a typographical error when presented and it wasn’t!  The short of this is that I just worked a Union feature and the only way I could afford to mix the show was do my solo act and took the entire budget which was still a bit short in my estimation.

The Union was upset and promised to force a boom on the production but the contract had no minimum crew requirement and nothing was done.  Some problems are arising out of this that I won’t go into now but what should we do?  Is it better to sit home and gripe or make things happen any way we can to earn a living?

If you look at the contract rates East Coast vs. LA there is maybe a 5-7% discrepancy in the labor positions whereas there is a 20-30% discrepancy for sound department!  Camera department rates are considerably higher than sound!  Is it acceptable for a film loader to have a rate comparable to sound mixer?

Would 695 consider opening a second office as 695 EAST????

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lots going on here:

in no particular order:

L695 has Jurisdiction only in the Hollywood Studio Zone.  it cannot have "branches", and besides...

I have actually worked on "union" shows with a mixer rate about $10/hr, 12 hr day, no OT until 14 (that is ST for 12 and 13 hours!)...sure ridiculous, but true!

In cases where there are waivers, like waiving a Utility, you are free to accept or decline the gig.  Actually, you are pretty much free to accept or decline any gig!

The Camera Local, 600, has 50 state jurisdiction.  they have just allowed for DP's to operate, so a DP offered a gig where the production wants to save that crew person has the choice to accept or decline the gig.

Right, the Job description does define the jobs, but the waivers negate that, don't they, and that is also what the interchangeability clause means; no it does not mean that if there are 2 makeup persons there must be 2 sound persons, it is interchangeability of the job descriptions withing that department, and may even apply differently (more broadly) in mixed locals.

but most of all, folks, when you want to know something, ask in the proper place.

you really ought to discuss union terms and conditions, waivers, and etc with the union.

It makes no difference what we think, it is the Union that interprets the contracts for our side of the deals.

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There are lots of small simple production sound jobs out there that can be done by one person, including most docs.  My recent troubles have come when a director-DP (ok, a YOUNG director-DP) decides that they want to be all loose and polymorphous and act like someone in an Apple/FCP promo video (looks easy, doesn't it?) on their shoot, BUT their clients are all going to show up and expect the full boat monitoring/concierge treatment, and we will have the usual 10-tons-'o-fun grip/electric thing going, not to mention the fleet of mohos, crafty, dogwalkers, etc etc..  So, little camera should mean little sound right?  I've started asking a lot more questions when a coordinator starts going on about "run and gun", "lean and mean", "we're all going to pile into a couple of pass-vans and steal some locations" etc etc..  I tell them on those days I need help MORE than I would on a big stage shoot.  Big fave: days, as in recently, where we do BOTH big setups w/ all the big toys, and "splinter units" where we PRETEND we don't need all the toys and thus go out w/o them, and THEN have them all brought up to us a piece at a time by harried PAs as the production discovers that they haven't saved any time at all by shooting that way.....

Philip Perkins

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If you look at the contract rates East Coast vs. LA there is maybe a 5-7% discrepancy in the labor positions whereas there is a 20-30% discrepancy for sound department!  Camera department rates are considerably higher than sound!  Is it acceptable for a film loader to have a rate comparable to sound mixer?

Would 695 consider opening a second office as 695 EAST????

Camera rates, for support positions such as AC and Loader, should never exceed those of the Sound Mixer, a key positon.

Wake up people, this illuminates my previous statements that our roles as KEYs is under attack, fully supported by those among us who

accept these "new realities" under the short-sighted banner of "at least it's work....."

Fact of the matter is... you CAN get the proper rates with Self Respect, Polite Negotiation, local unity, and a little courage.  YOU WILL GET THE WORK ....  THEY NEED A GOOD SOUND PERSON...

and if some local dirtbag takes the bad deal, be sure to broadcast the identity of the offender... their short-term gain will be much offset by the long-term disrespect...

Mike Filosa, CAS

Atlanta

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Thank you Mr. Filosa!

Here is this summer's eye opener for me.  (AFAIK MTV does not pay top dollar to anyone).  If an MTV reality show hired me at $50/hr as Audio Supervisor and paid $35-40/HR for ENG bag mixers why do any feature film mixers have to fight to break the $30 barrier on any feature films. 

In private conversation with the owner of Stickman Sound, Las Vegas who provided the gear I asked about the rate structure.  He told me he almost took me aside during pre-production but felt it wasn't his place, but now that I asked he informed me the rate for Audio Supervisor should have been $75/HR.  As a Video A-1 the low budget small truck rate hangs around $45/HR, large production up to $95/HR. Off duty cops are taking home $45.

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A large east coast local has this (paraphrased) language in the commercial contracts (indy and major), under CREW REQUIREMENTS:

A minimum crew shall be required on all jobs, and shall consist of department heads whose crafts are necessary.... When sound is recorded a 2 person sound crew will be required consisting of a mixer and a boom operator. A Utility person may be added as necessary.

The Feature/TV contracts says this:

When sound is recorded, a sound crew consisting of a production mixer and the boom man shall be a mandatory part of the sound crew. Whether...utility sound person shall be part of the sound crew shall be subject to the mutual agreement of the production mixer and the producer, with the understanding that, if agreed upon, the utility sound person may perform any duties except mixing.

(Notice the old school language "boom man";)

That being said, said local does allow a one person sound crew for "non-sync effects and wild sound".  A clap slate shall not be used, otherwise it becomes sync sound and refers back to the above.

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Suffice it to say that recently when my local threatened to force a second (boom) man onto our crew working under the low budget motion picture agreement that not only did the producers take a position of no minimum department requirements under the contract they signed, but the local itself backed off on it's position.  Trust me when I say that if they could have forced the issue, they certainly would have.

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