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The Guild is committed to protecting our members and ensuring that
they are treated fairly and ethically. Our purpose is twofold: to
help individual members resolve professional disputes and to uphold
each case as a precedent to end industry abuse. The Committee has
successfully assisted members throughout the country with many types
of grievances.
Please be advised that the Committee is prohibited from accepting
your case if you have already taken any of the following steps:
collection agencies, attorneys, small claims court, etc. Repetition
of your claim through numerous agencies will confuse your client
about who they should respond to regarding your grievance.
There are two levels of the Professional Practices Committee, the
Chapter level and the National level. A case will normally be submitted
at the Chapter level first. The Chapter Committee will meet to review
submitted cases and based on existing laws, and standards set by
the Code of Fair Practice of the Joint Ethics Committee (a copy
of which can be found in your Pricing and Ethical Guidelines Handbook),
then the Chapter Committee decides how it can best be of assistance.
Robert Clancy is your chapter contact.
Members with grievances may be asked to appear before the Chapter
Committee to relate the facts of their case. If the case is accepted
by the Committee, it will be assigned to a Committee member who,
under the Committee’s guidance, may decide to correspond with
the client stating that the Guild supports your stance, suggesting
what the Guild feels is a proper legal and ethical solution to the
problem, and asking for a response. As a membership organization
representing thousands of artists nationwide, our opinion lends
weight to your request for compliance.
If your grievance cannot be resolved through letters reminding the
client of ethical and legal standards, the Chapter Committee may
recommend that the case be moved to the National level.
The National Professional Practices Committee will review your case
and suggest further steps that can be taken. These might include
small claims court, speaking with an attorney, arbitration or mediation.
Letters the Committee may write on your behalf become valuable documents
in helping you present and support your case should it require further
action. In some cases, the Committee might assist you in locating
an expert witness for a court case.
Once you contact the Committee, you will be sent a Graphic Artists
Guild Professional Practices Grievance Form. You will need to provide
the following information:
• The Client/Non-Client Information: address, phone, fax and
contact person, etc.
• The Grievance Type: Non-Payment, Partial Payment, Late Payment,
Plagiarism, Work for Hire, Unauthorized Use, Non-return of Artwork,
Loss of Artwork, Damaged Artwork, Alteration of Artwork, Contract
Dispute, Unauthorized Use.
• A Statement of the Grievance
• The Optimum Remedy Sought
• An Accurate Chronological Outline of Facts
• Relevant Documents (i.e., contracts, letters, invoices,
time sheets, memos, witnesses, etc.)
Specific, accurate information is crucial! Your clarity will
expedite the process and help the Committee to assess your grievance
objectively.
You will then be contacted and an appearance date may be arranged.
When you meet with the Committee, please bring all pertinent documents,
dates and facts related to your case.
If your case involves non-payment and/or non-return of artwork,
please wait either 30 days from the date of your original bill
to your client (or the term stated on your invoice) before appealing
your case to the Professional Practices Committee. It is also suggested
that you send a second copy of the invoice to your client via registered
or certified mail. This may be all it takes to resolve the problem.
Keep the Professional Practices Committee informed of the status
of your claim. You can do so by promptly contacting the appropriate
(Chapter or National) Guild office about any developments between
you and your client. You will receive copies of all communications
from the Professional Practices Committee to your client and an
additional copy of all documents related to the case will be kept
in a confidential file at the Guild offices.
A Client Information Access File is maintained at the Guild National
offices. It includes the names of clients Guild members have reported
for unethical practices. The Client Information Access File is compiled
for the use of Guild members only and requests for information should
be forwarded to the National Office. We urge you to communicate
your problems with clients to us, even if the Committee’s
help is not requested. Such member participation allows us to keep
a record of the business practices of prospective clients. As always,
members’ names are kept totally confidential. In maintaining
such records, the Professional Practices Committee develops an overview
of general trends of abuse and a record of the number of complaints
against clients. Should complaints against a particular client become
excessive, the Guild may help members organize a shared complaint
to lower the cost of legal action.
It is important to note that, while the Chapter and National Professional
Practices Committees may be experienced in handling cases such as
yours, they are not attorneys. What they render is an opinion, and
they cannot be held responsible for any adverse effects that opinion
may cause By your acceptance of their services, Committee members
shall be indemnified in any litigation resulting from the performance
of their duties. Committee members are working professionals in
the graphic communications industry, and volunteers of-the Guild.
You must agree, prior to their accepting your case, that the individual
identities of the Committee members will be protected and that you
will not reveal to anyone the name of the Committee member assigned
to your case.
A great deal of time and effort will go into handling your case.
Therefore, the Guild requests that, should the National Committee
exhaust all possible methods of amending your situation, you follow
through with whatever option might be needed. This might mean going
to small claims or civil court, to the Joint Ethics Committee or
to an attorney in order to close your case. You must decide how
important resolution of your problem is before bringing it to the
National Committee for review.
If you have any questions, contact the Albany Graphic Artists Guild
Grievance Chairperson, Robert Clancy, at 518.432.7976,
ext. 11. |
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