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Agreement - Teamsters Local 399

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his/her employer for unsatisfactory job performance or other misconduct<br />

arising out of or resulting from drug or alcohol abuse shall not be<br />

entitled to have the second or subsequent disciplinary action(s) reviewed<br />

pursuant to the grievance and arbitration procedure. Notwithstanding<br />

the participation by any employee in an employee assistance program<br />

created pursuant to this <strong>Agreement</strong>, the Producers and the IATSE, its<br />

<strong>Local</strong> Unions and the Basic Crafts recognize that each employee is and<br />

remains responsible for his/her own satisfactory job performance.<br />

The obligations under this Article to provide notice to the <strong>Local</strong><br />

Union and to meet and confer with the <strong>Local</strong> Union prior to discipline,<br />

and the disciplinary procedures set forth in this Article, do not apply to<br />

an employee who tests positive or is deemed to have tested positive as a<br />

result of a test administered pursuant to the provisions of Paragraph<br />

85.1, “Alcohol and Controlled Substance Testing;” in that event, the<br />

provisions of Paragraph 85.1 shall apply.<br />

ARTICLE 25.<br />

Employer in Default<br />

The IATSE, the Basic Crafts and the AMPTP agree to develop<br />

procedures designed to preclude employers who are in default on wage<br />

payments and/or trust fund contributions and who cease business from<br />

returning to the industry without curing the default(s).<br />

ARTICLE 26.<br />

Designating Responsible Employer<br />

The IATSE, the Basic Crafts and the AMPTP agree to develop a<br />

procedure to be used whenever more than one employer is involved in<br />

the production of a motion picture covered by this <strong>Agreement</strong> for<br />

designating the employer responsible for compliance with the<br />

obligations set forth in the various <strong>Local</strong> <strong>Agreement</strong>s.<br />

ARTICLE 27.<br />

Rental Facilities<br />

The Producer shall provide the Chairman of the Basic Crafts timely<br />

advance written notice of a rental facilities deal for use of its<br />

Los Angeles studio production facilities when it has no financial interest<br />

in the picture. The Producer shall give telephonic notice prior to the<br />

written notice.<br />

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