Agreement - Teamsters Local 399

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Article III of Exhibit A of the Trust Agreement) monies are insufficient to fund the 23% increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2001 Producer-Studio Transportation Drivers, Local #399 Agreement, the 15% increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2004 Producer- Studio Transportation Drivers, Local #399 Agreement and the 10% increase in the defined benefit plan granted to active employees pursuant to the provisions of Article 12(f)(1)(i) of the 2007 Producer-Studio Transportation Drivers, Local #399 Agreement. Health Plan. (v) Then, next, to the Active Employees Fund of the (vi) Then, next, to the extent that the level of reserves in the Retired Employees Fund exceeds twenty (20) months, and to the extent that the level of reserves in the Active Employees Fund exceeds twelve (12) months, reserves in excess of such amounts shall be reallocated eighty percent (80%) to the Individual Account Plan, with the remaining twenty percent (20%) designated as a credit against future Post ‘60s and Supplemental Markets payments by certain companies, as more specifically provided in Article 12A.(c)(2). On an annual basis during the term of this Agreement, the Alliance of Motion Picture & Television Producers, the IATSE and the Chairman of the Basic Crafts (on behalf of the Basic Crafts Group) shall jointly review this allocation in conjunction with the allocation to the Health Plan of Supplemental Markets payments. Any agreement on any reallocation of such monies mutually agreed upon by all of these parties shall become a part of this Agreement. The term "Basic Crafts Group," as used herein, refers to those unions (other than the IATSE) noted in Article 15(e). Exhibit A of each of the Pension Plan, Individual Account Plan and Health Plan (and the mechanical issues addressed therein) has been amended to express the agreements of the bargaining parties with respect to the foregoing allocation. (2) The term “Producer’s gross,” as used herein, means the worldwide total gross receipts of Producer derived from the distributor of such motion picture (who may be the Producer or a distributor licensed by the Producer) from licensing the right to exhibit the motion picture on free television. If the distributor of the motion picture does not distribute the motion picture directly to free television, but employs a sub-distributor to so distribute the motion picture, then the “Producer’s gross” shall be the worldwide total gross receipts derived from such -34-
sub-distributor from licensing the right to exhibit the motion picture on free television. In case of an outright sale of the free television distribution rights for the entire world, or any territory or country, the income derived by the seller from such sale, but not the income realized by the purchaser or licensee of such rights, shall be the “Producer’s gross.” If any such outright sale shall include free television exhibition rights, and other rights, then (but only for the purpose of the computation required hereunder) the Producer shall allocate to the free television exhibition rights a fair and reasonable portion of the sales price which shall, for the purpose hereof, be the “Producer’s gross.” In reaching such determination, Producer may consider the current market value of free television exhibition rights in comparable motion pictures. If the Retired Employees Fund shall contend that the amount so allocated was not fair and reasonable, such claim may be determined by submission to arbitration as herein provided and, in the event the Board of Arbitration shall find that such allocation was not reasonable and fair, it shall determine the fair and reasonable amount to be so allocated. If the outright sale includes free television distribution rights to more than one motion picture, Producer shall likewise allocate to each motion picture a fair and reasonable portion of the sales price of the free television rights and, if the Retired Employees Fund contends that such allocation is not fair and reasonable, the question may be determined by submission to arbitration as above provided. If the Board of Arbitration shall find that such allocation was not fair and reasonable, it shall determine the fair and reasonable amount to be so allocated to each motion picture. The price received on the outright sale of only free television distribution rights in a single motion picture shall not be subject to arbitration. Sums paid to any advertising agency in connection with any exhibition of a motion picture on free television shall not be included in Producer’s gross. (3) The term “accountable receipts,” as used herein, means the balance of the Producer’s gross after deducting an arbitrary forty percent (40%) of the Producer’s gross for distribution fees and expenses; except that in the case of an outright sale of free television distribution rights, there shall be deducted only an arbitrary ten percent (10%) of the Producer’s gross for sales commissions and expenses of sale. (4) Producer’s obligation shall accrue hereunder only after accountable receipts are received by the Producer, but as to foreign receipts, such obligation shall accrue only when such receipts can be freely converted to U.S. dollars and are remitted to the United States and, until such time, no frozen foreign receipts shall be included in accountable receipts. Payments of amounts accruing hereunder shall be made quarterly on the basis of quarterly statements, as hereinafter provided. Frozen foreign receipts from free television shall be deemed -35-
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 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: subparagraph (b)(1) of this Article
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
Page 73 and 74: functions, including, but not limit
Page 75 and 76: subject to the Basic Agreement work
Page 77 and 78: is not safe and healthful. In addit
Page 79 and 80: his/her employer for unsatisfactory
Page 81 and 82: WAGE SCALES, HOURS OF EMPLOYMENT AN
Page 83 and 84: International Brotherhood of Teamst
Page 87 and 88: (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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International Brotherhood of Teamst
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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
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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