ACTRA : 99%

The email exchange below sheds some much needed light on the darker aspects of trying to communicate with certain people at ACTRA (Alliance of Canadian Cinema, Television, and Radio Artists) union.

It begins with the e-blast announcement of the 99% "yes" vote on the 2013 - 2015 IPA. 

The IPA (Independent Production Agreement) is the 3 year contract that every ACTRA union member works under.

The recipient of the e-blast announcement responded to the e-blast with direct questions. 

The first ACTRA representative provided direct answers 

Things were going well up until another ACTRA representative intervened 

I have removed the names and e-mail addresses of the individuals involved in this particular discussion. I'm replacing their names with X, Y, and Z. 

X= the ACTRA union member who the e-blast was sent to.

Y= the first ACTRA representative who was supplying direct answers to direct questions

Z= the ACTRA representative who took over for Y

Every ACTRA member was sent the same e-blast. A number of ACTRA Toronto union members responded to the e-blast announcement with similar questions. 

V===============V===============V================V

From: ACTRA National
Subject: ACTRA news: IPA Referendum - Members vote YES!
To: X
       
    Canadian performers ratify new Independent Production Deal

    ACTRA members have voted overwhelmingly - 99% - in favour of the new Independent Production Agreement (IPA).

Negotiated with the producer associations, the new 2013-2015 Agreement gives performers a 6% pay increase and provides improvements in working conditions, including strong protections against violence and harassment on set, enhanced equal opportunity provisions, improved protection for minors and major gains for voice and stunt performers.

    "Our members gave ACTRA's national bargaining team such a huge vote of confidence," states Ferne Downey, ACTRA National President and Negotiating Committee Chair. "None of this could have been acheived withour our strong and unified membership.

We send thanks to our bargaining committee: Heather Allin (Toronto), Bruce Dinsmore (Montreal), Catherine Disher (Toronto),Sarah Gadon (Toronto), David Gale (Toronto), Shannon Jardine (Saskatchewan), Athena Karkanis (Toronto), Cary Lawrence (Montreal), Eric Peterson (Toronto), Mike Scherer (Montreal), David Sparrow (Toronto), Michelle Thrush (Alberta) and our Chief Negotiator and National Executive Director Stephen Waddell."

    The IPA covers the engagement of performers in all film, television and new media production in Canada. The rates in the Agreement took effect January 1, 2013.

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From: X
To: ACTRA National

How many ballots were sent out? 

How many ballots were returned? 

What percentage of ACTRA members actually bothered to vote? 

The 99% figure is vague and misleading. 

If only 100 members out of a possible 23,000 members voted, the 99% would only represent 99 people. 

I'm sure it was more than that, but ACTRA members have no way of knowing based on the 99% figure that you provided. 

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From: Y

To: X
  
Hello X,

  Thanks for your email. In the interest of brevity we simply provided the percentage vote of those eligible members who returned ballots. The breakdown is as follows:

    Ballots Issued (based on eligibility requirements set out in Section 17 of the ACTRA bylaws and constitution) = 8,791

    Ballots returned: 1896 or 21.6% (This referendum represents a relatively high turnout, in the past decade it is second only to the 2007 referendum following the strike.)

  Ballots in favour: 1877 or 99%

  Ballots against: 19 or 1%

  I hope this answers your questions.

  Please feel free to be in touch if you have any others.

  Best, Y
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From: X
To: Y

Thank you,  

I appreciate the information.

Yours truly, X
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 From: X
 To: Y
 
Hello again, 
 
  The ACTRA National website says that there are approximately 22,000 ACTRA members.
 
  There are approximately 4,500 members in the UBCP. 
 
  If the UBCP is operating under a different IPA then the rest of the country, the number  of ACTRA members who would be directly affected by this IPA is reduced to approximately 17,500.
 
  I read through the eligibility requirements outlined in Section 17 of the Actra bylaws  and constitution. I'm well aware of the "in good standing" requirement and certain people within the membership having to pick up their ballot at their branch offices.
 
  Taking all of that into account, I'm having difficulty understanding why so many Actra members (nearly 50%) weren't eligible to vote.
 
  The number of Actra Extras aka AABP (Actra Additional Background Performers) is very low in comparison to the number of Full and Apprentice members in ACTRA.
 
  I can't help but wonder about the Full and Apprentice members who did not have a ballot issued to them.
 
  How many active Full and Apprentice members are not in 'good standing' with the union?
 -------------------------------------------------------
From: Z

To: X

  Hi X,
 
  The eligibility list is generated by polling the membership system for members whose work histories match the voting eligibility requirements, as defined by the members in By-Law 17. 

  In addition to the ballots mailed out, a supply of additional ballot packages are distributed to the branches and held in reserve for members who request them, including those who:
 
  1.   are eligible but did not receive a ballot

  2.  would become eligible by restoring their membership to good standing

  3.  are in a category required to prove eligibility (e.g. AABP members with vouchers to verify the required amount of work under the contract during the contract period)
 
  All the best, Z
 --------------------------------------------------------
From: X

To: Z

  Hello Z,
 
 Is there an age requirement? 

Would a seven year old Full Actra member receive a ballot in the mail?
 
 If a disabled person doesn't receive their ballot in the mail are they required to travel to the ACTRA office to pick up another ballot? Is there a mechanism in place to allow them to vote on line ?

 
 If a person in Kitchener doesn't receive their ballot in the mail is there anything in place to save them the cost and the trouble of driving all the way into Toronto to pick up their ballot ?
 
 A snow storm on the highway could add hours to their travel time. Can they vote on line?
 
 If an AABP member or Apprentice member didn't work the required number of days during the current IPA due to illness would they lose their right to vote?
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 From: Z
To: X
 
  Hi X,
 
  ACTRA staff administer the rules made by the members for the members.
 
The eligibility requirements and provisions for securing replacement ballots are as defined in ACTRA National By-Law 17. 

If a member is eligible under the By-Law,  they receive a ballot. If they are eligible but do not receive a ballot, a replacement ballot may be obtained from the branch office, again per the By-Law. 

Providing identification and signing requests for replacement ballots, like many other member services, require attendance at the branch. 

Currently no provision is made for members living with disabilities or members living outside of Toronto to access replacement ballots (whether it is snowing or not).
 
 You are not the first member to recommend the convenience of online voting.

Online voting options for national referenda have been the subject of a continuing discussion at ACTRA National but I have no information at this time as to when or  whether any amendment to voting procedures may be undertaken. Stay tuned.
 
 Finally, an AABP member who has not worked the required days to qualify under the
 eligibility rules defined in Appendix D, Section 7 did not have a “right to vote” to lose. 

It’s the other way around.  The eligibility rules create  a “right to vote” for AABP members, based on the number of days worked.

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  From:X
  To: Z
 
  Hello Z,
 
  I don't remember writing that ACTRA staff doesn't administer the rules made by the members for the members in my  recent e-mail to you or in any of the e-mails that I addressed to Y.
 
  I do remember asking if a 7 year old Full member would receive a ballot in the mail.

I would have appreciated a direct answer to my straight forward question. 

You do know if a 7 year old Full member had the right to vote on the recently passed IPA.
 
  I didn't ask about other membership services.
 
  My questions were centered around my concerns about ACTRA's voting process.
 
  I didn't claim to be the first person to recommend on line voting.
I'm confident that  I'm one of many ACTRA members who can see the  flaws in the current voting system.
 
  I am equally confident that I'm not the only person who would read the words "ongoing discussion" as "delaying what needs to be fixed immediately".
 
  The big question in the Big Picture  is "Why is ACTRA putting off fixing a problem that should have been fixed long ago ?"
 
  You don't have that information. and I understand your unwillingness to hazard a guess as to why a problem that affects every union member hasn't been fixed yet.
 
  Who should I be addressing my e-mails to in my efforts to communicate my concerns about a voting system that is both unfair and impractical ?
 
  --------------------------------------------------------
From: Z
To: X
 
Hi X,
 
You wrote "I don't remember writing that ACTRA staff doesn't administer the rules made by the members for the members in my recent e-mail to you or in any of the e-mails that I addressed to Y"
 
 Your memory is correct. You did not make any such statement. 

I made the statement to frame our conversation by noting that the electoral rules are determined by the members and not by the staff. 

This was a reminder to both of us that my enthusiasm for any change that you might suggest does not empower me or any other staff member to implement it.  

The elected leadership must move the process forward. I am not condoning delay or resigning us to it, simply recognizing where the drive for change must originate.
 

You wrote "I do remember asking if a 7 year old Full member would receive a ballot in the mail. I would have appreciated a direct answer to my straight forward question. You do know  if a 7 year old Full member had the right to vote on the recently passed IPA."

 
"If a member is eligible under the By-Law, they receive a ballot.” was my direct answer to your straightforward question.  

My answer has the virtue of simultaneously answering not only your immediate question but every other hypothetical question about who might have received a ballot because it refers you to the only criteria applied in qualifying ACTRA members to vote in a contract ratification referendum - namely the eligibility rules as defined in By-Law 17.
 
You wrote "I didn't ask about other membership services. My questions were centered around my concerns about ACTRA's voting process."

And yet any meaningful discussion of the provision of any particular service to a member or members takes place in the larger context of all services provided.  

In the same way, the importance of any particular issue is defined in relation to all other issues - time and resources generally being allocated by the establishment of priorities. That is why advocacy and debate are necessary to define the agenda of any governing body.
 
You wrote, "I didn't claim to be the first person to recommend on line voting"
 
My statement was not meant to imply that you thought well of yourself for having this idea (on line voting options) but to confirm to you that I have heard it mentioned by others.  

I’ll go further. Every reference I have heard to online voting  has been positive. 

People seem to think it’s a good idea and one that should be implemented if it can be done securely and democratically. 

Presumably our IT folk would need to do some research to learn the pros and cons of some of the available options. All that work would still depend on the priorities established by the leadership (in this case, ACTRA National Council).

 
You wrote, "I'm confident that I'm one of many ACTRA members who can see the flaws in the current voting system"
 
Seeing flaws is a good first step to finding practical solutions but finding the solutions is the important and the difficult part.
 
You wrote, "I am equally confident that I'm not the only person who would read the words 'ongoing discussion' as 'delaying what needs to be fixed immediately' ".

Cynicism breeds passive aggression and saps the creative energy from otherwise intelligent people, in my experience.  I actually meant to state a fact. 

I have heard references to online voting options discussed at one time or another at every level of the union.  

I cannot report  that there is a consensus that ratification voting procedure  is a problem “that needs to be fixed  immediately”.  

That consensus does not yet exist.

If your confidence is justified, however, then we can expect other members who support your view to make their positions known and, when they do, we can anticipate direction from the elected leaders to make this a priority.
 
You wrote, "The big question in the Big Picture  is "Why is ACTRA putting off fixing a problem that should have been fixed long ago?"

If a consensus existed that  the current eligibility rules were a problem it might be proper to speak of delay.  Amendment of the rules without such a consensus would be improper.
 
You wrote, "You don't have that information. and I understand your unwillingness to hazard a guess as to why a problem that affects every union member hasn't been fixed yet."
 
Guessing is fun but not very useful.  But I will hazard a guess that when referendum voting procedures have been widely accepted as  “a problem that affects every union member” that the solution will be found quite quickly.
 
You wrote, "Who should I be addressing my e-mails to in my efforts to communicate my concerns about a voting system that is both unfair and impractical ?"
 
Emailing your elected reps is a good way you start a conversation about solving a problem you’ve identified. 

You might start by asking a member or members of ACTRA Toronto Council  to bring this matter forward. But expect to be part of the solution finding process. 

Elected members often have identified issues of their own – that’s why many run – and they may be less enthusiastic about “drive bys” (“Here, fix this. I’m outta here!) than they are about a thoughtful request from a member who is interested in doing more than simply venting.

 Ultimately, the task is to bring this matter before the ACTRA National Council.
 
  I recommend a clearly written critique of the current eligibility rules and any suggestions you have for amending the existing language.  You are writing to win support for your position.

Simple assertions will be less effective than compelling arguments. Clearly show the problem to be solved and propose practical solutions. 

Remember, your own views of the union’s ineffectiveness and inefficiency may not be shared by the Councillors, whose support you are seeking. They are trying to make a  positive difference in the lives of their fellow performers. 

Recognizing and respecting their good intentions, perhaps especially if you differ, will go a long way to getting your message across. 

Be aware too, that they will see your issue in the context of a forest of other initiatives competing for their time and attention. Patience and persistence may be necessary.
  

You might  try a “Hail Mary” pass and write directly to National President Ferne Downey. If you make a clear and compelling case, she might take a personal interest in the issue and move the matter forward on her own. If you rant, on the other hand, it will probably just end up back on my desk!
 
  All the best, Z
 
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  From: X
  To: Z
 
  Hello Z,
 
  I would like to forward our entire e-mail exchange to a number of individuals who may be of great assistance to me in my quest to see changes made to ACTRA's voting system. 

I promise not to make any adjustments to any of  the e-mails, yours or mine, in regards to grammar or content.
 
  You stated that I'm not the first person to suggest changing ACTRA's voting system. That being said, I've come up with a way to reduce the number of people who would  be asking you the same questions that I have been asking you. 

Would you be comfortable with my forwarding  the entirety of our e-mail exchange to others of my choosing?
 
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From: Z
To: X
 
  Thank you very much for asking. I'd prefer that you not publish our correspondence. 

Such publication only puts a further damper on personal correspondence and ends up limiting the kind of informal exchanges that lead to better understanding. The predictable result is a stifling of communication rather than a greater openness.
 
  I seem to have a knack for picking words that irritate you,X, (almost always when I think I'm being most reasonable, lol!) and, similarly, I have often quarrelled with the tone of your statements.
 
  That said, it may surprise you to know that, when I read your responses, I do revisit my assumptions and try to see the issue at hand from your perspective.
 
  Further, our correspondence (which by the way, I consider unfinished - I know it's my turn but other stuff competing for my attention has delayed my response) has already had the effect of turning my attention to our voting procedures and considering, not whether we are simply following the procedures laid down,but whether they are in fact, the right ones.
 
  The difference between us (as I see it anyway) is that you are free, as a member, to cry, "this is bullshit and must be changed at once" while I am considering what a briefing to Councillors on this issue would require. 

Why are the current rules drafted the way they are? 

Why do we have a qualified voting system for contract ratification? 

What was the intent of the drafters? 

What alternate models exist? 

Are there other unions who have transitioned from the one system to the other? 

Has it improved the overall level of contract "literacy" in their membership? 

Were there other consequences...etc....
 
  Off the top of my head, (i.e. without any direction from elected members) these are some of the kinds of questions that, it seems to me, ought to be considered in any thorough review of electoral procedures. 

But none of these questions will be asked or properly answered unless and until the conversation is officially started among the union's elected leadership. 

I can pass your comments on to the Executive Director and the Branch President but it is not proper for me to attempt to drive it beyond that.
 
  I do believe that we make no progress at all for members without engagement or discussion and I am willing to accept that fierce commitment often goes hand in hand with, shall we say, "frank" exchanges, lol. 

Beyond a certain point though, civility is lost and, with it, trust.
 
  You and I often walk right along that boundary and until we know each other better and trust each other more, I suggest we not rush to publish.
 
  Finally, while I still have all kinds of thoughts and opinions on a range of issues before the union, I do recognize that I am not on Council and that, when I speak on any issue these days, I am bound to acknowledge, as I did to you throughout our conversation, that my opinions are not material and, more importantly, they are not necessarily representative of the views of ACTRA Toronto Council, or its executive committee.

 All of which is to say, I am not the party that you need to convince in order to see the changes made that you advocate.
 
  I sincerely believe that I have given you good advice on how and who to communicate with to initiate important change at ACTRA.
 
  To go any further would make me a partisan and that is no longer my role.
 
  Our differing experiences in the union and in the business may not have made it easy for us to understand one another but never think that I don't support fully your right to express yourself and to insist that the union be the best that it can be.
 
 Talk soon, Z

---------------------------------------------------------
  From: X
  To: Z
 
  Hello Z,
 
 At the risk of putting a "further damper on our personal correspondence" I will be perfectly frank with you. I don't trust you. 

You've gone out of your way to earn my distrust with obstruction and stall tactics.

You may or may not like me personally - and I honestly couldn't care less either way - but I haven't given you any reason not to trust me.

And I haven't given you any reason to talk down to me in the manner that you've been trying to throughout our personal correspondence.
 
 You wrote, "I seem to have a knack for picking words that irritate you, X, (almost always when I think I'm being most reasonable) and, similarly, I have often quarrelled with the tone of your statements."

From my ACTRA Toronto union member perspective, you've been using  language that would get on anyone's nerves. 

You haven't "almost always been most reasonable" in the majority of the instances that you are recalling.

Re-read your half of our ongoing discussion and try to see things from this union member's perspective. 

The tone of the statements that you have "often quarrelled with" is not the cause, but rather the effect of your dismissive attitude in regards to the issues that I've been bringing up..
 
 You seem to be more intent on keeping things wrong then setting things right. 

You talk about my freedom to cry "this is bullshit" as if I am not directly affected by such bullshit. 

I am NOT free from the consequences of the bullshit surrounding ACTRA's current voting process.
 
If you remember correctly, I didn't approach you with my questions about the results of the IPA vote.  

You answered an e-mail that I addressed to someone else. I didn't invite you to take over.

I was passed off to you or you chose to take over for somebody else. 

So be it. It doesn't matter to me who I get the answers to my questions from as long as I get answers.
 
  I've been trying to ascertain why 40% or more of ACTRA National's membership wasn't eligible to vote on the IPA. I'd rather not guess at why. 

There is absolutely nothing wrong with my asking how many of that 40% or more were ruled ineligible because of their dues not being paid up to date.

I wasn't asking for names.
 
  I've been trying to find out if a 7 year old can vote. I would rather not take the chance on misinterpreting the by-law that you keep mentioning.
 
  I've been attempting to get precise information for the purposes of presenting an informed  argument for change to those who could affect change.

As you reminded yourself, you are NOT one of the people who is in a position to affect change.
 
  Having said all that , I doubt very much that it is in your job description to hinder rather than help an ACTRA Toronto union member who is trying to learn more about a situation that affects every ACTRA union member. 

But, that's EXACTLY what you've been doing and our personal correspondence proves as much.
 
  You did inform me that the physically disabled ACTRA members and the ACTRA members living outside of Toronto who did not receive their ballot in the mail were basically SOL when it came to exercising their democratic right to vote on an IPA if they didn't travel into Toronto.
 
I'm an able-bodied person who lives in Toronto. I received a ballot in the mail with a postage paid envelope. I voted and it cost me nothing in terms of time, trouble and expense. 

If my ballot had gotten lost in the mail I wouldn't  have had to negotiate the streets of Toronto in a wheelchair during the month of December or January  or pay for the gas and the parking that it would take to travel into ACTRA Toronto headquarters from Hamilton to vote on the IPA.
 
  No reasonable person, much less any reasonable ACTRA council member, would blame any of the union members that I just described for not making the trip into ACTRA headquarters in Toronto to vote on the IPA under such conditions.

----------------------------------------------------------
 From: Z

 To: X
  

 I sincerely believe that I have given you good advice on how and who to communicate with to initiate important change at ACTRA. To go any further would make me partisan.

------------------------------------------------------------

From: X

To: Z

I didn't ask for your advice on how to communicate with anyone. 

I sincerely believe that you could benefit from my advice on how to communicate with union members. 

Thank you for telling me who to communicate with to initiate changes in ACTRA's voting process. I didn't ask you to go any further than that. 

I don't see how it would be "partisan" of you to present the idea of making improvements to an unfair and impractical voting system.
 
  You wrote, "I do believe that we make no progress at all for members without engagement or discussion and I am willing to accept that fierce commitment often goes hand in hand with, shall we say, "frank" exchanges, lol.

Beyond a certain point though, civility is lost and, with it, trust."
 
 I believe that we won't start making progress until we acknowledge that NO progress has been made BECAUSE we've done nothing but engage in discussions. 

Catching up to where we should have been a long,long time ago isn't progress. It's just necessary.

  Beware those who are quite comfortable with the the idea of leaving everyone behind. 
 
  You wrote, "Our differing experiences in the union and in the business may not have made it easy for us to understand one another but never think that I don't support fully your right to express yourself and to insist that the union be the best that it can be".
 
  I don't believe that any more than you do. 
 
  P.S. - You have my permission to show our e-mail exchange to whoever you may choose. I am that secure in my position on this subject.
 
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X wrote “Would you be comfortable with my forwarding  the entirety of our e-mail exchange to others of my choosing?”

X wasn’t asking Z for permission to share the entirety of the e-mail exchange to others of X’s choosing.

X didn’t say that they wouldn’t share the e-mail exchange with others.

X merely asked if Z would be comfortable with others reading what Z wrote.

I wouldn’t want the e-mail exchange to be shared with others either if I were Z.