Open Letter to IATSE 891 Leadership
from concerned members in regards to medical mandates and workers' rights abuses
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Dear Officers, Officials and Management,
We are living in unprecedented times. Canadians and IATSE 891 members know that the changing landscape of the pandemic is challenging for everyone; having created divisiveness, fear, and concern amongst all our members regardless of beliefs.
We, as a group, represent hundreds of members of IATSE 891 who have expressed growing concern regarding the administration’s lack of support for its hard-working members in regards to overreach by productions, studios, and COVID-19 teams. The true reach of this group is indeterminable as many members are afraid to speak up for fear of losing what little job security they have.
Over the past several years there have been egregious safety and workers rights abuses from our employers, and most recently regarding personal medical choices and bodily autonomy. This group continues to be concerned about arbitrary mandates and workers rights abuses in the workplace specifically in regards to COVID-19 policies and vaccinations. Much of the membership has raised concerns about the increasing lack of support from the leadership of our local and those who are supposed to represent the membership.
While the pandemic continues to evolve around the world, almost half of provinces within Canada, multiple countries, and dozens of states within the U.S. have moved to lift all restrictions (at time of writing). Meanwhile, the film industry in British Columbia seems to be increasing restrictions . More and more shows coming to film in our beautiful province are moving to policies that require proof of vaccination, increased testing, and in some circumstances, unnecessary PPE requirements (specifically for the Red/A Zones).
The current policies regarding COVID-19 across the world have been varied and inconsistent. On February 13, 2022 Canadians watched over 70,000 people attend the Super Bowl with the majority of them maskless, and yet returned to work the following day to mandatory masking, testing and checking in via QR code. This inconsistency causes cognitive dissonance which can affect the health and well-being of all individuals involved. This also translates to mental health issues and magnifies the tension that is part of the daily work in the film industry.
The Oscars this year are allowing unvaccinated celebrities and ‘above the line’ persons to attend (with a negative PCR test - after intense backlash from the internet this policy has changed multiple times) but the ‘below the line’ workers who helped make the shows nominated are being required to be vaccinated on set. Does this not show a clear, unfair distinction between the working class of the industry and the elites of the industry?
Does the leadership not acknowledge that there is a tremendous amount at stake with the implementation of these work policies; including grievous abuses of human and workers rights? Where is the leadership of IATSE 891 in these times - those who are elected to support the workers of our industry?
As information continues to come out from the same sources we have followed since the beginning of the pandemic (WHO, CDC, etc.) many of these policies no longer have an effect on the virus as it moves towards being endemic. The CDC and WHO have both stated that masks are not as effective as initially represented at the beginning of the pandemic and the BCCDC recommends against the routine testing of asymptomatic individuals.
All of these policies had questionable worker and human rights consequences from the moment that the film industry was able to return to work in 2020. Due to financial difficulties caused by the shutdown, workers went along with the Return to Work letter negotiated (without their input or the ability to ratify it through a vote) because they had suffered. In addition, some members lost their homes, were isolated, lost family, friends and their lives as they knew it. Where was the leadership supporting the members during these times?
Now studios and productions are implementing increased policies, requiring members to be vaccinated to work. Under Statute 7 of the Charter of Rights and Freedoms of Canada:
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”.
These are basic, indelible human rights for all residents of Canada. The B.C. Human Rights Code is a law that protects workers from unfair treatment and supports this edict. Many unvaccinated members have been subject to name calling, gossip, criticism and exclusion by other members, the Local, and productions. Why is our administration and the Film Council allowing productions to continue to abuse these rights?
On February 14, 2022 Phil Klapwyk, IATSE 891 Business Representative stated the following in an email to a member who expressed concern about the consequences of vaccine mandates in our industry specifically in relation to human rights, medical choices and bodily autonomy:
“Employers are exercising their rights under Labour laws to implement policies that are designed to protect their workers and provide a safe workplace. The BCCFU evaluates every policy that it is made aware of with a view to protecting our member’s rights and safety in the workplace. Ultimately, it is the Employer’s obligation to provide a safe environment, and they have the freedom to choose how to do so.”
Regardless of an individual person’s views on vaccines, their efficacy, value in combating transmission of the disease, you - the Leadership - represent the members in our employment relationship with the individual Employers. We urge the Leadership of IATSE 891 and the BCCFU to review the COVID-19 vaccination policies and stand against them as they are an affront to the individual worker’s right to informed consent, bodily autonomy, and privacy of their health.
If these policies are left unchecked, they can cause members to lose employment leading to loss of working hours, loss of housing and the ability to support their families. Serious health and mental health issues may occur as a direct result of encountering aggressive and divisive rhetoric from employers and other members who will be able to identify them through non-compliance. Your duty is to support all members regardless of their health or medical conditions.
There is no continuity to COVID-19 policies, and our members have been offered up to appease a larger communal fear and foster virtue signalling that appeases the most fearful of our industry. As with most safety considerations they have been reduced to theatre, given lip service without exacting measurable change or improvement, and with little reference to scientific study.1
We all followed protocols and procedures for the pandemic prior to mass vaccination and vaccination policies, and yet the situation didn't get worse. Why then are we moving towards more stringent policies and vaccine mandates? Many of our workers were forced to work in the independant film industry because of the initial shut downs. These productions were the first to return to work in our province, have been able to function without vaccine mandates, and very little testing, if any. Given that there are an average 60 independent productions a year that film in the Lower Mainland, how is it that an entire parallel film industry has entirely different standards while doing the same work?
The punitive measures of these policies are alarming. An increasing number of productions are refusing to hire members without proof of vaccination regardless of exemptions or reasonable concerns about personal medical choices. This is quickly becoming an either-or situation that will leave members unable to secure employment while permittees with vaccination status may be hired to replace them.
IATSE 891 prides itself on diversity and inclusivity, yet persons who choose bodily autonomy and value their medical privacy are not to be considered. If this were any other “minority” group, the administration would not be turning a blind eye to the abuses of the workers’ rights.
There is no scientific proof or data that speaks to the efficacy of COVID-19 vaccines and their ability to protect workers from infection or transmission of the virus; the spread of Omicron speaks volumes to this. While many politicians and media personalities have inaccurately attributed the spread of the virus to unvaccinated individuals, this accusation remains unsubstantiated and unsupported in science.
In an email from IATSE 891 dated February 2, 2022 the following question was included:
“I do not want to work alongside someone who is not fully vaccinated. How can I protect my safety?”
This type of rhetoric serves only to perpetuate fear and intolerance within the membership as there is no scientific evidence or data that suggests that unvaccinated individuals pose a higher risk of COVID-19 infection. It is unclear why this divisive rhetoric needed to be included in this email. To suggest that an unvaccinated person can cause an elevated risk to co-workers on set is grossly misguided and wholly unsupported by formal data.
In this same email, you defend your position by stating that you consulted with lawyers - not with doctors. What this email fails to clarify is how you will proactively seek a unilateral resolution that serves the local and protects members' jobs.
The email notes a concern for members' right to privacy, but fails to mention how the administration and Local intends to support those statements. The union's email states how an employer's policy must meet a “KVP Test” and outlined six points to be met to enact as a residual management right. It is questionable whether all six points have been met; in regards to inconsistencies within the Master Agreement as the COVID-19 vaccines are not supported in science or data to prevent transmission and as such the expectation is unreasonable; and that due to privacy concerns the policy cannot be ensured to be clear and unequivocal or consistently enforced.
Your statements and remarks (both privately, publicly and from the International) have failed to reflect the diverse opinions of our expansive membership. These statements and opinions of the leadership misrepresents, as a collective response, that many members of IATSE 891 do not ascribe to. There has never been a survey to break down how individual members feel about the mandates and policies. Many members of our industry have felt compelled and bullied to submit to vaccines that they may not believe in over fears of losing their jobs and abilities to participate in society.
On January 27, 2022 Snowpiercer Season 4 issued an email to all heads of departments which included the following:
“With the rise in cases and keeping in mind the Employer responsibility to keeping a safe and healthy work place for Employees, a Vaccination Mandate is an additional tool to ensure we uphold best practices to date and to ensure the safety of our cast & crew. We are dedicated to keeping Covid out of the workplace and minimizing Covid disruptions like shut downs and long isolation periods for our cast & crew.”
IATSE Local 891 has a moral obligation to protect its members from medical misinformation that directly relates to workers rights abuses. The above quote suggests that vaccinations will “keep[ing] Covid out of the workplace and minimize[ing] Covid disruptions like shut downs and long isolations for [our] cast & crew”; with the onus being on employees to validate vaccination status - often removing liability from the employers. It is currently widely accepted medical information that the COVID-19 vaccines neither prevent spread nor transmission of COVID-19. Many reports of those who have tested positive on set are people who have been double or triple vaccinated, and vaccinations have not ceased shutdowns and expensive rescheduling of days.
All members continue to be subject to excessive testing (sometimes 5 days a week) of predominantly asymptomatic individuals to retain contracted positions. Our union has not reported to have made any effort to work with doctors, virologists or specialists in their fields to ascertain the safety, value, and efficacy of this excessive testing regime. The level of testing and masking policies has been arduous, expensive, restrictive and has been mostly proven ineffective in mitigating the transmission and contraction of COVID-19 infection.
There is nothing in the Master Agreement or Covid Letter of Understanding (updated May 1, 2021) under the purview of COVID-19 pandemic that dictates policies in regards to vaccination. There is nothing in the Master Agreement or law of the land that requires vaccination policies for any viruses, diseases, etc. and infact, has tacitly denounced using genetic characteristics in any discriminatory ways. There are dozens of viruses and diseases that circulate regularly (Hepatitis C, HIV, HSV-1 or -2, seasonal flu, and others) that people are not required to share with employers.
For far too long British Columbia film unions have allowed studios and productions to have the upper hand for fear they might take the work elsewhere. We are a highly skilled worker group with expansive infrastructure to support a strong film industry in B.C., yet the unions continue to barter away our rights out of fear. This has never been more apparent than since the pandemic started. Most recently, these policies have affected members under the Master Agreement working under a stipend, especially when testing on statutory holidays (recently February 21, 2022, Family Day B.C.) where members on certain shows (Honor Society for example with others rejecting the test day) were required to test without additional pay to the stipend. If you did not test on the statutory holiday you were not able to work on Tuesday.
This group's concern is not about vaccinated vs unvaccinated. Our concern is regarding workers rights abuses and if it's not vaccination policies now, what will the next issue be? To be clear - we fully support and encourage members to take control of their own medical safety. We believe that productions and studios should maintain the accessibility of these policies (masking, testing, vaccinations) for those who want to voluntarily be a part of them. We fully support members who want to wear a mask, be tested, and take the vaccination for their own medical security.
We ask that IATSE 891 stand on the side of workers rights and social liberties, denounce the mandates implemented on set, and make the work environment positive, productive, and safe for all members.
In solidarity with all members of IATSE 891 and workers rights,
Workers’ Rights United
1:01:28 timestamp of interview question
Phenomenal letter! Please send to the Teamsters 155 as well as we are facing the exact same thing in our union as well
Thank for writing this and for all the hard work that went into writing this letter. I have copied it and sent it to IA891 to express that I am 100% behind everything stated. I’ve also shared it with other members to do the same. It’s time to start flooding their Inboxes.