Towns v. Dirs. Guild of Am., Inc.

Towns v. Dirs. Guild of Am., Inc.

Opinion

PER CURIAM:

Plaintiff Marvin George Towns appeals the district court's order dismissing his claims against defendant Directors Guild of America, Inc. ("DGA"). After careful review, we affirm.

I. FACTUAL BACKGROUND

Towns, an African-American man, has worked for decades in the film and television industry.¹ In 2019, And Action, LLC, hired Towns to work as the unit production manager for a television series, The Have & Have Nots, filmed in Georgia.

DGA is the [*2]  labor union that serves as the collective bargaining agent for directors, assistant directors, and unit production managers working in the film and television industry. Towns is a member of DGA.

DGA negotiated a collective bargaining agreement, referred to as the Basic Agreement, with employers in the film and television industry. The Basic Agreement addresses the hiring of directors, unit production managers, and assistant directors for film and television projects.² It calls for the use of qualification lists, which consist of individuals who, by virtue of documented work experience, receive preference for director, unit production manager, and assistant director positions. Under the Basic Agreement, there are three sets of qualification lists for each type of position: one set of lists for southern California, a second set for the New York area, and a third set for the remainder of the United States, which is referred to as the "Third Area."

The Basic Agreement sets forth the requirements for an individual to be included on each qualification list. To appear on the qualification list for unit production managers in the Third Area, an individual must have previously completed 120 [*3]  days in work as a unit production manager with at least 75% of those days occurring during production, as opposed to during preparation or post-production. An individual does not have to be a DGA member to appear on a qualification list.

To be included on a qualification list, an individual must apply to DGA Contract Administration ("DGACA"), which compiles and administers the qualification lists. Under the Basic Agreement, an applicant bears the burden to provide DGACA with sufficient documentation to establish that he should be included on a qualification list.

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