IATSE WINS VICTORY FOR UNIONIZING IN PUERTO RICO

The International Alliance of Theatrical Stage Employees (IATSE), the International Cinematographers Guild (ICG, IATSE Local 600) and IATSE Local 494 have succeeded in thwarting an elaborate effort by local production company La Celda, LLC to chill both the union’s rights and the rights of production crew members in violation of federal labor law.

The legal battle centered around La Celda’s project “Hasta que la celda nos separe,” which recently completed filming in San Juan, Puerto Rico. Despite initial discussions about working with IATSE, La Celda proceeded surreptitiously to commence filming as a nonunion production. IATSE Locals 600 and 494 immediately mobilized an informational picket in support of the crew members.

Incensed at the effectiveness of the Locals’ campaign, La Celda sought and obtained a temporary restraining order (TRO) against the Locals by alleging, untruthfully and among other matters, that the Union was intimidating workers. La Celda also sought $6 Million in damages against the union defendants claiming, again untruthfully, that the picketing has caused significant delays in the production schedule.

By appearing before a judge in Puerto Rico’s Court of First Instance on February 29, 2024, and the filing of comprehensive brief to the Court, the Local was able to set the record straight, arguing that the picketing was lawful, peaceful and protected by not only federal labor laws but also the Constitutions of the United States and Puerto Rico.

When confronted with the facts, La Celda relented and agreed to withdraw its damages claim, as well as its request for temporary and permanent injunction against all union defendants, while at the same time recognizing the right of the union to picket and exercise free speech. These concessions are reflected in a Judgment issued by the court, on that same day, ordering La Celda to “salvaguardar el derecho a la libertad de expresión de los codemandados y de cualquier persona que actúe en concierto con estos…” (“safeguard the right to freedom of expression of the co-defendants and of any person acting in concert with them…”).

IATSE is confident that this decision will not only serve as a reminder to La Celda, but to other production companies filming in Puerto Rico that the union will continue to support and stand with crew members seeking to improve their working conditions.

Led by Local 494 attorney Francisco Vargas-López, the union’s legal team also included attorneys Adrienne Saldaña, Nick Johnson and Elizabeth Sprotzer of Spivak Lipton LLP.

“I commend both Local 494 and Local 600 for their fervent commitment to defending the rights of workers in the industry,” said Vargas.

IATSE plans to inform members and nonunion crew of this milestone, as well as ongoing efforts to organize and represent workers in Puerto Rico.

“This victory shows the power of collective organizing to uphold workers’ rights like those outlined in the NLRA, against those who would violate them for profit and personal gain,” said Anna Nowlan, Assistant Regional Director ICG Local 600, representing Puerto Rico.

“We’ve showcased the union’s determination to organize nonunion productions and represent crew members living and working on the island,” said L. Neftali Nieves, Business Agent, Local 494.