In the Matter of Arbitration Between Writers Guild of America West, Inc. and Universal City Studios, Inc. – Relating to “Kentucky Derby”
Arbitration Proceeding
Case No. 87-CO-264 (1988)
- Written by Sarah Holley, JD
Facts
Universal City Studios, Inc. (Universal) entered into a writing contract with Elliott Baker pursuant to which Baker was to prepare a bible and teleplay for the miniseries “Kentucky Derby.” The contract was subject to the Writers Guild of America (WGA) Minimum Basic Agreement (MBA). Baker was a citizen of the United States but a resident of Great Britain, and he neither lived nor maintained a residence in the United States during the term of his contract. Baker spent 75 days on “Kentucky Derby,” 30 days of which were spent performing writing services in the United States and the remainder in Great Britain. When Universal failed to contribute to the pension and health fund as required under the MBA, the WGA initiated an arbitration action on behalf of Baker. The main question was whether Baker’s writing services fell within the geographical jurisdiction of the MBA such that pension and health-fund contributions were due on his behalf.
Rule of Law
Issue
Holding and Reasoning (Steinberg, J.)
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