Agreement - Teamsters Local 399

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(a) Expedited Arbitration Cases that are submitted to expedited arbitration shall be heard by an expedited arbitration panel within ten (10) working days after the other party receives the demand for expedited arbitration or within ten (10) working days after the other party gives notice of its agreement to proceed to expedited arbitration when the mutual agreement of the parties is required. The Alliance of Motion Picture & Television Producers (hereinafter “the AMPTP”) and the Chairman of the Basic Crafts shall forthwith appoint four (4) arbitrators and four (4) alternates with recognized experience as professional labor arbitrators as members of the standing panel of neutral arbitrators. From the panel of names of the neutral arbitrators, the arbitrators shall be assigned, in rotation, by CSATF to the cases as they arise. The parties to an expedited arbitration may, by mutual consent, select an arbitrator out of rotation provided that notice of their selection is given to CSATF prior to the appointment of the arbitrator next in rotation. The parties agree to meet, following the conclusion of negotiations, for the purpose of modifying the expedited panel. During the term of this Agreement, the parties may add the names of additional persons to the panel of neutral arbitrators to either supplement said panel or replace persons no longer available to serve. The parties will not file briefs or use a stenographic record, but may present a written statement of the facts. The Arbitrator shall have authority to rule on all motions and decide the case. The neutral arbitrator shall render a written decision within five (5) days from the conclusion of the hearing. The writing of an opinion will be at the discretion of the neutral arbitrator. Hearings will be scheduled at CSATF as soon as reasonably practical after the selection of the neutral arbitrator, unless the parties and the neutral arbitrator mutually agree otherwise. If such person selected as the arbitrator is not available, another arbitrator shall be selected by the same process as above described. The decision of the arbitrator shall be final and binding upon the parties and any employees concerned. The neutral arbitrator shall have the power to determine only the specific grievance or dispute and, when appropriate, award wage payments, adjustments or damages consistent with the contract, in an amount not to exceed fifteen thousand dollars ($15,000), but shall not have the power to amend, modify or effect a change in any of the provisions of this Agreement, nor to determine jurisdictional disputes between the Union -10-
and any other labor organization. The arbitrator shall not have the power to determine disputes arising under Paragraph 57 of this Agreement, “Non-Discrimination;” such disputes are instead subject to non-binding mediation. The decision of the neutral arbitrator in an expedited arbitration shall be non-precedential and his decision and/or opinion, if any, shall not be offered or admitted into evidence in any other proceeding other than: (1) a judicial action seeking confirmation, correction or vacation of said decision; or (2) a grievance or arbitration proceeding involving the same Producer and Local Union. The bills of the arbitrator, together with a completed information form, shall be sent by the arbitrator to the Local Union and the Producer involved in the expedited arbitration, with copies to CSATF. The information form shall be jointly prepared by the Chairman of the Basic Crafts and CSATF. The fees of the impartial arbitrator and the costs of the arbitration shall be borne by the losing party. The Arbitrator shall have the discretion to determine who is the “losing party.” All other costs and fees shall be borne by the party incurring same. (b) Regular Arbitration The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Three if no agreement has been reached by the parties. If such demand is served for a regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance either by: (1) mutual agreement of the parties; or (2) by lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator’s decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of this Agreement, nor to determine jurisdictional disputes between the Union and any other labor organization. The arbitrator shall not have -11-
Page 1 and 2: AGREEMENT OF AUGUST 1, 2012 BETWEEN
Page 3 and 4: §III. STUDIO ZONE DEFINITIONS AND
Page 5 and 6: §VII. DEFINITIONS, DUTIES AND DIVI
Page 7 and 8: AGREEMENT OF AUGUST 1, 2012 BETWEEN
Page 9 and 10: financial interest, all of whom wil
Page 11 and 12: the discharge of such employee for
Page 13 and 14: Step One The aggrieved party shall
Page 15: of Step Three, as provided in the t
Page 19 and 20: made or if notice is not given as r
Page 21 and 22: ARTICLE 8B. No Strike - No Lockout
Page 23 and 24: ARTICLE 11. Health Plan (a) Produce
Page 25 and 26: If, at any time during the term of
Page 27 and 28: Any person subject to this Agreemen
Page 29 and 30: applicable number of hours guarante
Page 31 and 32: in its employ, Producer shall contr
Page 33 and 34: (f) During the period August 1, 201
Page 35 and 36: employment to or employ any person
Page 37 and 38: ARTICLE 15. Post ‘60 Theatrical M
Page 39 and 40: subparagraph (b)(1) of this Article
Page 41 and 42: sub-distributor from licensing the
Page 43 and 44: shall be furnished quarterly during
Page 45 and 46: that the chattel mortgagee, pledgee
Page 47 and 48: Producer and the West Coast Studio
Page 49 and 50: after study and review by a joint B
Page 51 and 52: agreements between Producer and the
Page 53 and 54: notice, the Producer shall give at
Page 55 and 56: within the motion picture industry;
Page 57 and 58: subject to grievance or arbitration
Page 59 and 60: to the contrary, no such displaced
Page 61 and 62: (2) Produced with employees employe
Page 63 and 64: in their collective bargaining agre
Page 65 and 66: (i) First, to the Pension Plan to f
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each fiscal or calendar year of the
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mortgagee, pledgee, lien or securit
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or hired from the jurisdiction of t
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functions, including, but not limit
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subject to the Basic Agreement work
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is not safe and healthful. In addit
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his/her employer for unsatisfactory
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WAGE SCALES, HOURS OF EMPLOYMENT AN
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International Brotherhood of Teamst
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(3) The following minimum wage scal
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August 2, 2014; and $34.98 per hour
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12 13 14 15 16 17 18 19 On distant
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5. Minimum Calls (a) The minimum ca
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If a weekly employee or a regularly
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holiday, but is required to work on
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(2) notify each such employee that
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9. Call-backs Intervening time of l
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(1) Occ. Code Nos. 3501, 3502, 3511
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15.1 Daily Rundown The Producer sha
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(b) Except as provided in subparagr
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III. STUDIO ZONE DEFINITIONS AND WO
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26. Excessive Hours Travel time sha
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(2) The following distant location
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1 2 “Off Production Employees - T
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for period of one year unless work
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21 Small Animals - shall include sm
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(d) The day of departure and the da
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“On Call” Employee Work on a Re
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(d) Time Spent Waiting to Travel on
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that the employee has eaten and the
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When Producer knows in advance that
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Steward for cause shall not be limi
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(c) Equipment, including promotiona
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preference and the International Br
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Except as hereinafter provided, any
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experience which was the basis for
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11 herein) within each following ap
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suspended from work by such Produce
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decide shall be limited to the issu
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provision, an employee who has not
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(v) Absence because of illness or i
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Producer” or “the Producers”
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(4) In an arbitration conducted pur
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64. Reporting of Accidents The natu
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(b) “On Call” Weekly Employees
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(ii) For the period during which th
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which such vacation pay shall apply
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second calendar year”), employees
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Qualified Years Number of Weeks of
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(e) Disqualification for Severance
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(f) Qualified Years ** As used here
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70. Re-employment of Former Labor U
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easonable alternative parking facil
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studio payroll. In such cases, one
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(ii) On the last day of suspension,
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such documentation to CSATF shall n
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An individual who receives a Positi
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(3) Post-Accident Testing Post-acci
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(C) When the name of an individual
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the result of which is negative. CS
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Producer to employ or reemploy at a
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(2) Expedited Arbitration Any indiv
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of this Paragraph 85.1 to each indi
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STUDIO TRANSPORTATION DRIVERS, LOCA
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Agreement or, when the Payroll Comp
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producer/employer shall be deemed t
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and Article 15 of the Plasterers Ag
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exclusively to the primary employer
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ALUANCE OF MOTION PICTIJRE & TELEVI
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ALllANCE OF MonON PICTIJRE & TELEVI
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J. NICHOLAS COUNTER III PRESIDENT A
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Leo Reed As of August 1, 2004; Revi
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The following studio minimum wage s
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ALLIANCE OF MOTION PICTURE & TELEVI
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Leo Reed Long-Form Television Sidel
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The following long-form television
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ALLIANCE OF MOTION PICTURE &: TELEV
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ALLIA~CE OF MOTION PICTURE & TELEVI
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Leo Reed As of August 1, 1997; Revi
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Leo Reed As of August 1,2007; Revi
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J. Nicholas Counter III, President
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Agreement - Teamsters Local 399

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