Teamsters 399 Compliance: Why Hiring Non-Union Drivers Can Derail Your Commercial
Summary:
Hiring non-union drivers on a union-covered commercial can violate agreements with Teamsters Local 399—triggering penalties, grievances, or full union coverage across all transportation roles.
Covered Teamsters roles include transportation captains, commercial vehicle drivers, camera car operators, crane operators, wranglers, trainers, and location managers—use of any one of these can trigger full union compliance requirements.
Risks of non-compliance include production “flips,” grievances, and shutdowns, where producers must retroactively pay union wages, pension, and health from day one—often at significant added cost.
Reputational damage is a long-term risk, as union violations can flag your production and lead to fewer waivers, less flexibility, and increased scrutiny from unions in the future.
To stay compliant and control costs, producers should work with third-party signatories like CMS Productions to streamline union hiring and explore strategies such as limiting covered roles where appropriate.
When a commercial project is running on a tight budget, cutting corners can be tempting. One of the most common shortcuts? Hiring non-union drivers—whether it’s a friend with a van or a low-cost third-party service. But for productions covered under union agreements, especially SAG-AFTRA or IATSE, this move carries serious risks.
Hiring union drivers for your commercial production in California or in New Mexico would be under Teamsters Local 399 jurisdiction. Even the use of a single covered vehicle - like a grip truck—you’re required to use union drivers. Falling short can result in grievances, fines, and even a full-blown production shutdown. The long-term impact? A damaged reputation that can limit your future union opportunities.
Here’s what you need to know—and how to stay compliant without going over budget.
Who Does Teamsters 399 Cover in Commercial Production?
Under commercial productions, the Teamsters 399 in California and New Mexico covers transportation related roles, specifically:
Transportation Captains
Drivers of vehicles requiring Class A License, Class B license and Class C license.
Camera Car Drivers
Production Van Drivers / Operators
Chapman Crane Operators
Wranglers
Driver / Wrangler
Wrangler (Pick-up)
Wrangler (Braider)
Trainer (Stable)
Wild Animal Trainer
Wild Animal Handler
Dog Trainer
Dog Handler
Location Scout / Manager
Supervisory Role - What’s a Gang Boss?
Teamsters Local 399 requires the addition of a gang boss if there are four or more drivers. This is a supervisory role responsible for overseeing and coordinating multiple drivers.
Producers should be aware that the use of even a single covered vehicle, such as a 5-ton grip truck on a union commercial can trigger the requirement to staff all transportation roles with Teamster drivers. Relying on non-union drivers may violate union agreements if the production goes union, which can lead to grievances, fines, or work stoppages.
What Happens If You Hire Non-Union Drivers?
Hiring non union drivers for your next union commercial risks your production running into serious legal and financial consequences that can further damage your reputation when working with unions in future projects. Below we will break down each risk:
Risk of a “flip”
Hiring non union drivers under a union production can trigger a “flip” in your production that can extend to your entire IATSE crew. This can occur when the crew members directly report non union practices with Teamsters or if the union discovers your production is not using union crew.
What it could cost your production: “Flipping” your production reclassifies your entire crew as union which is a huge cost that will require pension, health contributions and union wages from day one. Failure to properly turnaround your project can lead to a complete shutdown of your production.
2. Union Grievances
In addition to hiring your crew as union and remaining union compliant, Teamsters may serve your production with union grievances that will add to your production.
What it could cost your production: The total costs vary depending on the scope of the violation but can enforce added penalty fees and damages on top of paying union scale rates for your crew members.
3. Reputational Risk
Cutting corners by hiring non union drivers does not just add financial risk, it also risks damaging your reputation with unions making it harder to secure union projects in the future.
What it could cost your production: Violating union contract terms can get your production flagged by Teamsters which can stick to your reputation moving forward in the industry. Union may be less willing to grant union waivers or collaborate on working on tighter budgets or timelines. For future productions, you may face less flexibility, slower approvals and more costly compliance costs.
How to Stay Compliant With Teamsters 399 Without Breaking the Budget
There are safer alternatives producers can put in place while working with union drivers that may reduce overall costs. Below, we will explore some options producers can consider for their commercial project.
Work with a Third-Party Union Signatory
Working with a third party union signatory, such as CMS Productions, removes the burden of navigating complex union rules from your in-house team. It ensures your production is filed correctly, pension and health contributions are managed accurately, and payroll is handled in accordance with union expectations.
Beyond compliance, an experienced signatory partner can help:
Identify cost-effective contract tiers based on your budget and scope
Avoid late penalties by managing reporting timelines and required paperwork
Streamline onboarding for union crew, so production starts without costly delays
Mitigate legal risk by ensuring all transportation roles meet Teamster coverage
This is especially valuable on fast-moving or multi-day shoots where the margin for error is small.
2. Limit Covered Roles Strategically
Not every transportation-related role on set falls under Teamsters jurisdiction. Producers can often reduce costs by analyzing which roles must be union-covered and which don’t. For example:
Focus coverage only where required: If you're using a cube truck or 5-ton grip truck, you’ll need a Teamster driver. But personal vehicle transport, office PA errands, or walkable locations may not require union drivers.
Split roles wisely: Use union drivers for covered vehicles and supplement your crew with non-driving PAs or coordinators for runs, pick-ups, or lockups.
Avoid triggering full coverage: Deploying even one covered vehicle (like a camera car or Chapman crane) can require full union coverage. Instead, assess if alternative equipment or local vendors can deliver what you need without adding a covered vehicle to the job.
3. Pre-Plan Vehicle Use and Routing
Transportation planning can reduce union costs significantly if approached early:
Consolidate equipment loads to reduce the number of trucks (and union drivers) needed
Bundle location days to minimize travel
Stage gear locally if possible to reduce transport time and union hours logged
Proactively mapping this out during pre-production not only saves on labor but can help you avoid avoidable overtime and night premiums.
4. Stay Transparent and Organized
Union compliance issues often arise from unclear communication and last-minute pivots. Instead:
Clarify crew classifications upfront: Know which vehicles and positions fall under Teamster rules and confirm titles before hire.
Maintain complete records: Union documentation is detail-driven. Track driver hours, vehicle types, and usage to avoid disputes or penalties.
Communicate your union plan to department heads so everyone is aligned—especially if you’re balancing union and non-union roles.
Conclusion: Seamlessly Assemble Your Union Crew
In conclusion, while hiring non-union drivers may seem like a quick way to save money, it can lead to serious consequences for commercial producers. From union grievances and financial penalties to a potential production “flip” and long-term reputational damage, the risks far outweigh the short-term savings.
Teamsters 399 covers a wide range of transportation roles, and using even one covered vehicle can require full union coverage. Fortunately, there are safer, cost-effective alternatives producers can implement to stay compliant, such as working with a third party union signatory.
Signing through a third-party signatory like CMS Productions allows for more productions to qualify for more cost-effective tiers and access to lower rates.
Contact us today to see how we can service your next production with crew signatory support.