Agreement - Teamsters Local 399

Agreement - Teamsters Local 399 Agreement - Teamsters Local 399

14.01.2014 Views

(A) Any person who was employed by the International Brotherhood of Teamsters or any of its affiliated Local Unions; (B) Any person who was employed in any capacity in the motion picture industry within such two (2) year period; or (C) Any person who had a work-related disability which prevented him from performing work assigned to the craft(s) or classification(s) in which he was formerly employed. In such event, CSATF will notify, in writing, the Local Union and the involved person at his last known address of the intended removal and specify the date of such removal. Such notice shall be given not less than fifteen (15) business days prior to removal of such person from the Industry Experience Roster. The Union and/or the involved person shall have the right to challenge the removal by submitting a written protest within fifteen (15) business days following receipt of the notice of intention to remove the individual from the Roster. If no protest is filed within said time period, the right to protest is waived. In the event of a protest, the person’s name will not be removed from the Industry Experience Roster until the matter has been determined. The matter shall be submitted directly to Step Three of the grievance procedure for disposition. The decision of the Step Three committee shall be final and binding on CSATF, the Local Union and the individual involved. (4) The Local Union may advise CSATF of the name of any person who has not complied with the obligations of Article 3 of this Agreement within sixty (60) days following such person’s placement on the Industry Experience Roster. The Local Union shall also provide CSATF with documentation indicating that the employee has been given the opportunity, as required by law, to pay to the Local Union any delinquent fees and/or dues required by law. In such event, the person shall be deemed unavailable for employment and his name shall be removed from the Industry Experience Roster. In the event of a protest involving removal of a person from the Industry Experience Roster pursuant to this subparagraph (4), the provisions of the penultimate paragraph of Paragraph 62(f)(3) and the provisions of subparagraphs (2), (3), (5), (6) and (7) of Paragraph 62(h) shall apply, except that wherever reference is made to “the -152-

Producer” or “the Producers” in such provisions, such reference shall instead be to “CSATF” for this purpose. (5) A person on the Industry Experience Roster (or a person on both the Industry Experience Roster and a Studio Seniority Roster) who fails to complete successfully legally-required industry safety training courses within ninety (90) days after placement thereon, or to renew all required forklift certifications within ninety (90) days after notice by CSATF of the recertification deadline, shall be suspended from the Industry Experience Roster (and Studio Seniority Roster, if applicable). During the time the person is so suspended from such Roster, the Producer is not obligated to call such person and such time shall not be counted by CSATF for purposes of advancing in roster grouping on the Industry Experience Roster. Such person shall be reinstated to his former position on the Roster upon successful completion of such industry safety training courses or upon renewal of all required forklift certifications, as applicable. The requirement to renew forklift certifications and the consequences of a failure to renew such certifications by the recertification deadline shall also apply to “hyphenate” driver/electricians and “hyphenate” driver/laborers. (g) Eligibility Availability (1) In order for any eligible person to be placed on any Seniority or Industry Experience Roster of Producer, such person shall make written application to be placed on such Roster on application forms provided for such purpose. Whenever a person has put in the required number of days to earn plant (studio) seniority, he must request it in writing within thirty (30) days of the time of having earned it or he shall not be entitled to such seniority. Any person claiming to have fulfilled the Seniority or Industry Experience Roster requirements shall have the burden of establishing and proving such claims, including documentary evidence of having actually worked the number of days above required in the specified periods. The Producers and the Union have jointly developed a form for use by all Employers to notify CSATF that an individual is being certified for Roster placement. The form includes provisions for: employee; (i) The number of qualifying days worked by the (ii) The roster classification within which the employee worked; and -153-

(A) Any person who was employed by the<br />

International Brotherhood of <strong>Teamsters</strong> or any of its affiliated <strong>Local</strong><br />

Unions;<br />

(B) Any person who was employed in any<br />

capacity in the motion picture industry within such two (2) year period;<br />

or<br />

(C) Any person who had a work-related<br />

disability which prevented him from performing work assigned to the<br />

craft(s) or classification(s) in which he was formerly employed.<br />

In such event, CSATF will notify, in writing, the <strong>Local</strong><br />

Union and the involved person at his last known address of the intended<br />

removal and specify the date of such removal. Such notice shall be<br />

given not less than fifteen (15) business days prior to removal of such<br />

person from the Industry Experience Roster. The Union and/or the<br />

involved person shall have the right to challenge the removal by<br />

submitting a written protest within fifteen (15) business days following<br />

receipt of the notice of intention to remove the individual from the<br />

Roster. If no protest is filed within said time period, the right to protest<br />

is waived.<br />

In the event of a protest, the person’s name will not be<br />

removed from the Industry Experience Roster until the matter has been<br />

determined. The matter shall be submitted directly to Step Three of the<br />

grievance procedure for disposition. The decision of the Step Three<br />

committee shall be final and binding on CSATF, the <strong>Local</strong> Union and<br />

the individual involved.<br />

(4) The <strong>Local</strong> Union may advise CSATF of the name of<br />

any person who has not complied with the obligations of Article 3 of this<br />

<strong>Agreement</strong> within sixty (60) days following such person’s placement on<br />

the Industry Experience Roster. The <strong>Local</strong> Union shall also provide<br />

CSATF with documentation indicating that the employee has been given<br />

the opportunity, as required by law, to pay to the <strong>Local</strong> Union any<br />

delinquent fees and/or dues required by law. In such event, the person<br />

shall be deemed unavailable for employment and his name shall be<br />

removed from the Industry Experience Roster.<br />

In the event of a protest involving removal of a person<br />

from the Industry Experience Roster pursuant to this subparagraph (4),<br />

the provisions of the penultimate paragraph of Paragraph 62(f)(3) and<br />

the provisions of subparagraphs (2), (3), (5), (6) and (7) of Paragraph<br />

62(h) shall apply, except that wherever reference is made to “the<br />

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