Agreement - Teamsters Local 399
Agreement - Teamsters Local 399 Agreement - Teamsters Local 399
the power to determine disputes arising under Paragraph 57 of this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. The cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. The fees and expenses of the arbitrator shall be borne by the losing party. The arbitrator shall have the discretion to determine who is the “losing party.” All other costs shall be borne by the party incurring the same. (c) Claims Any claims for the payment of wages or severance pay, not presented under Step One within thirty (30) consecutive calendar days after the employee is entitled to such monies, or after the employee or the Union has had a reasonable opportunity to become aware of the occurrence, shall be deemed to be waived. Any claims for the payment of holiday or vacation pay shall be subject to the time limits established in the applicable provisions of this Agreement. Any other claim or grievance not presented under Step One, within (i) sixty (60) calendar days after the occurrence of the subject matter of the grievance or (ii) sixty (60) calendar days after the employee or the Union has had a reasonable opportunity to become aware of the occurrence, shall be deemed to be waived. Time on distant location shall not be included in this period. For the purpose of this Article, “aggrieved party” shall mean the Producer or the Union acting on its own behalf or on the behalf of an employee covered by this Agreement. (d) In General An arbitration award issued in either expedited or regular arbitration proceedings or a final and binding award rendered in Step Three of the grievance procedure which requires the payment of a specific sum of money shall be paid within thirty (30) days of the date of the award. If payment is not made within said period, interest shall accrue on the sum(s) due from the date of the award at the rate of one percent (1%) per month. If a calculation is required to determine the specific amount(s) due under the award, the Producer shall calculate such amount(s) and shall notify the other party of the specific sum(s) due within sixty (60) days of the date of the award. If such calculation is not -12-
made or if notice is not given as required, interest shall accrue on the sum(s) due from the date of the award at a rate of one percent (1%) per month. If, after calculation, the parties disagree on the sum(s) due, or if the amount(s) due and owing under the award cannot be calculated within the sixty-day period as a result of factors beyond the control of the Producer, then no interest shall accrue upon the sum(s) due. The time periods provided for herein may be extended by mutual written consent of the parties. (e) “Serious Misconduct” by a Transportation Coordinator or Gang Boss In any grievance proceeding filed by a Transportation Coordinator (Occ. Code No. 3500) or Gang Boss (Occ. Code Nos. 3501 and 3502) protesting a discharge for “serious misconduct,” the arbitrator must first decide whether the discharge was for cause and then, after such a finding, the arbitrator must next decide whether the discharge was for conduct that the Producer properly determined qualifies as “serious misconduct” as provided in Paragraphs 62(f)(1)(i) and 62(f)(2)(i). ARTICLE 8. Conflict With Laws In the event that any provision of this Agreement relating to the amounts and payment of wages or other financial benefits is affected by any legislation, decision of a court of competent jurisdiction or governmental regulation in such manner so that such wages or other financial benefits would be increased over, or decreased under, the amount intended to be paid by the parties hereto at the time of the execution of this Agreement, then each of the parties hereto agrees that upon written notice from the other party setting forth the provisions to be negotiated, they will renegotiate for modification of such provisions so that such provisions will conform to such legislation, decision of a court of competent jurisdiction or governmental regulation, as the case may be, and will provide, as nearly as possible, for payment of wages or other financial benefits in the amount intended to be paid by the parties hereto at the time of the execution hereof. If the parties are unable to arrive at an agreement within thirty (30) days after delivery of such notice, then such provisions in question shall be immediately submitted to an Arbitration Committee composed of one member designated by the Producer, one member by the Union and an Impartial Chairman, to be selected by such other two (2) members within ten (10) days following such thirty (30) day period provided above. This -13-
- 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 and 16: of Step Three, as provided in the t
- Page 17: and any other labor organization. T
- 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
- Page 67 and 68: each fiscal or calendar year of the
made or if notice is not given as required, interest shall accrue on the<br />
sum(s) due from the date of the award at a rate of one percent (1%) per<br />
month. If, after calculation, the parties disagree on the sum(s) due, or if<br />
the amount(s) due and owing under the award cannot be calculated<br />
within the sixty-day period as a result of factors beyond the control of<br />
the Producer, then no interest shall accrue upon the sum(s) due.<br />
The time periods provided for herein may be extended by<br />
mutual written consent of the parties.<br />
(e)<br />
“Serious Misconduct” by a Transportation Coordinator or<br />
Gang Boss<br />
In any grievance proceeding filed by a Transportation<br />
Coordinator (Occ. Code No. 3500) or Gang Boss (Occ. Code Nos. 3501<br />
and 3502) protesting a discharge for “serious misconduct,” the arbitrator<br />
must first decide whether the discharge was for cause and then, after<br />
such a finding, the arbitrator must next decide whether the discharge was<br />
for conduct that the Producer properly determined qualifies as “serious<br />
misconduct” as provided in Paragraphs 62(f)(1)(i) and 62(f)(2)(i).<br />
ARTICLE 8.<br />
Conflict With Laws<br />
In the event that any provision of this <strong>Agreement</strong> relating to the<br />
amounts and payment of wages or other financial benefits is affected by<br />
any legislation, decision of a court of competent jurisdiction or<br />
governmental regulation in such manner so that such wages or other<br />
financial benefits would be increased over, or decreased under, the<br />
amount intended to be paid by the parties hereto at the time of the<br />
execution of this <strong>Agreement</strong>, then each of the parties hereto agrees that<br />
upon written notice from the other party setting forth the provisions to be<br />
negotiated, they will renegotiate for modification of such provisions so<br />
that such provisions will conform to such legislation, decision of a court<br />
of competent jurisdiction or governmental regulation, as the case may<br />
be, and will provide, as nearly as possible, for payment of wages or other<br />
financial benefits in the amount intended to be paid by the parties hereto<br />
at the time of the execution hereof.<br />
If the parties are unable to arrive at an agreement within thirty (30)<br />
days after delivery of such notice, then such provisions in question shall<br />
be immediately submitted to an Arbitration Committee composed of one<br />
member designated by the Producer, one member by the Union and an<br />
Impartial Chairman, to be selected by such other two (2) members within<br />
ten (10) days following such thirty (30) day period provided above. This<br />
-13-
Change language