Agreement - Teamsters Local 399

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ARTICLE 8C. Federal and State Laws - Department of Transportation In the event that any of the provisions of this Agreement violate applicable federal or state laws or regulations, including those of the Department of Transportation, such provision shall be void and then the Union and Producer shall meet in a good faith attempt to modify the provisions of this Agreement to conform with applicable state or federal laws or regulations. ARTICLE 9. Term of Agreement The term of this Agreement shall be for a period commencing with August 1, 2012 and extending to and including July 31, 2015. The AMPTP, on behalf of the Producers listed in the introduction to this Agreement, shall have the right to reopen this Agreement for the purpose of renegotiating any and all provisions contained herein if the Union fails to substantially comply with its commitments as set forth in Sideletter No. 13 dated March 12, 2001. If the AMPTP does so, this Agreement shall expire sixty (60) days after the date of the reopening notice. Following the expiration date, the “No Strike, No Lockout” provisions of the Agreement (Article 8B.) shall not be applicable. Either party may, by written notice to the other served on or before May 1, 2015, request renegotiation of the “Wage Scales, Hours of Employment and Working Conditions” of this Agreement. Such notice shall set forth in detail the proposals or recommendations of the party serving said notice of request for renegotiation. If such notice is served, the parties agree to commence negotiations within thirty (30) days after May 1, 2015 concerning the proposals or recommendations set forth in such notice and to continue negotiations diligently and in good faith on such proposals and on counterproposals relating to the above said subject matter which are submitted in such negotiations. ARTICLE 10. Interpretation Unless otherwise specifically defined herein, terms shall be given common meaning in the motion picture industry. This Agreement hereby terminates and replaces the previous Agreement between the parties hereto entitled “Agreement of August 1, 2010 between Producer and Studio Transportation Drivers, Local #399.” -16-
ARTICLE 11. Health Plan (a) Producers, the IATSE, and the respective Basic Crafts Unions are parties to the “Agreement and Declaration of Trust establishing the Health Plan for the Employees of the Motion Picture Industry” (hereinafter referred to as the “Health Plan”) made as of October 20, 1952. Such Health Plan was established in accordance with the provisions of the “Producer-I.A.T.S.E. and M.P.M.O. Supplemental Agreement of October 25, 1951.” (b) In accordance with Article V, Sections 1 and 2 of such Health Plan, and subject to the provisions for changes hereinafter set forth, the Producer shall, effective July 29, 2012, pay into the Health Plan three dollars eighty and eight-tenths cents ($3.808) for each hour worked by or guaranteed an employee by such Producer on or after July 29, 2012 to and including July 31, 2015 under the terms of this Agreement, including “straight time” and “overtime” hours on any day worked. This contribution rate represents an increase of one dollar ($1.00) per hour over the contribution rate in effect on July 28, 2012. In addition, during the 2012 negotiations, the bargaining parties agreed that the thirty and one-half cents ($0.305) hourly contribution that had been paid to the Individual Account Plan under prior Agreements would no longer be paid to the Individual Account Plan starting with the 2012 Agreement. Instead, the bargaining parties agreed that effective July 29, 2012, the Producer shall pay to the Health Plan the thirty and five-tenths cents ($0.305) per hour contribution that formerly went to the Individual Account Plan for each hour worked by or guaranteed an employee by such Producer on or after July 29, 2012 to and including July 31, 2015 under the terms of this Agreement, including “straight time” and “overtime” hours on any day worked. Commencing with the quarter ending September 30, 2012 and at the end of every subsequent calendar quarter during the term of this Agreement, the consultants for the Health and Pension Plans shall project the level of reserves in the Active Employees Fund for the term of the Agreement. If, at any time during the term of this Agreement, the consultants project that the level of reserves in the Active Employees Fund will fall below six (6) months, or that the level of reserves in the Retired Employees Fund will fall below eight (8) months, then the Basic Crafts Unions will each reallocate up to one percent (1%) from wages and/or the Individual Account Plan, or any combination thereof, until such time as the reserves are restored to the six (6) or eight (8) month -17-
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 18: and any other labor organization. T
Page 19 and 20: made or if notice is not given as r
Page 21: ARTICLE 8B. No Strike - No Lockout
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
Page 69 and 70: mortgagee, pledgee, lien or securit
Page 71 and 72: 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
Page 209 and 210:
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
Page 215 and 216:
ALllANCE OF MonON PICTIJRE & TELEVI
Page 217 and 218:
J. NICHOLAS COUNTER III PRESIDENT A
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Leo Reed As of August 1, 2004; Revi
Page 221 and 222:
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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Page 245 and 246:
Page 247 and 248:
ALLIANCE OF MOTION PICTURE &: TELEV
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ALLIA~CE OF MOTION PICTURE & TELEVI
Page 251 and 252:
Leo Reed As of August 1, 1997; Revi
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Leo Reed As of August 1,2007; Revi
Page 255 and 256:
J. Nicholas Counter III, President
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Page 259 and 260:
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Agreement - Teamsters Local 399

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