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Agreement - Teamsters Local 399

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cause for discharge into writing and mail or deliver to employee and<br />

<strong>Local</strong> Union and the CSATF. In the event the discharge is not protested<br />

in writing within ten (10) calendar days from receipt by the Union of<br />

notice (excluding Saturdays, Sundays and holidays), the discharge shall<br />

be deemed to be for cause and shall not be subject to the grievance<br />

procedure hereunder or any other procedure. If such protest is made<br />

within such ten-day period, it shall immediately be submitted to Step<br />

One of the grievance procedure in Article 7. Either party may, within<br />

the time provided in Step One, go through the Second and Third Steps of<br />

the grievance procedure and then to expedited arbitration. For purposes<br />

of this provision, a discharge pursuant to Article 3(c) shall be deemed to<br />

be a “discharge for cause.”<br />

The discharge for cause of a Transportation<br />

Coordinator (Occ. Code No. 3500) or Gang Boss (Occ. Code Nos. 3501<br />

and 3502) that involves theft, falsification of records, fraud,<br />

embezzlement, self-dealing or criminal conduct shall be deemed a<br />

discharge for “serious misconduct.” In its written notice of discharge for<br />

cause to the employee, <strong>Local</strong> Union and CSATF, the Producer shall<br />

indicate whether the discharge is for “serious misconduct.”<br />

(ii) Voluntary resignation, unless the employee<br />

receives the permission of the Producer to resign as hereinafter provided<br />

in this paragraph. An employee who desires to resign his employment<br />

with the Producer may, not less than two (2) business days prior to<br />

employee’s proposed last day of employment, request permission from<br />

the Producer to do so. The Producer shall not unreasonably withhold its<br />

approval of any such request. However, the exception and procedure set<br />

forth in the two immediately preceding sentences shall not apply to<br />

employees on distant location nor to employees assigned to a key piece<br />

of equipment.<br />

(iii)<br />

the Producer, unless:<br />

Refusal to accept two (2) offers of employment by<br />

(A) he/she is currently employed elsewhere in<br />

the motion picture industry, or<br />

in writing.<br />

(B)<br />

for any other reason approved by Producer<br />

(iv)<br />

Laid off and not rehired within nine (9) months.<br />

(v) An employee leaves the motion picture production<br />

industry for gainful employment outside of said industry, when there is<br />

work available for him/her within said industry. For purposes of this<br />

-148-

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