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Agreement - Teamsters Local 399

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part of the Regular Basic Hourly Rate in computing overtime required<br />

by the Fair Labor Standards Act.<br />

(f) It is the intent of the parties that drivers subject to this<br />

<strong>Agreement</strong> shall not be replaced for the purpose of avoiding overtime<br />

unless it is necessary to do so for the purpose of safety, compliance with<br />

Department of Transportation regulations or other production purposes<br />

that outweigh the need for continuity.<br />

7. Workweek; Sixth or Seventh Day Worked in an Employee’s<br />

Workweek<br />

(a) The regular studio workweek shall consist of any five (5)<br />

consecutive days out of any seven (7) consecutive days, commencing<br />

with the first of such five (5) days. However, the five (5) consecutive<br />

day requirement shall not apply upon the commencement of any<br />

regularly-scheduled five-day-per-week shift. (For example, on starting a<br />

new shift, a schedule that provides for an employee to work on Monday<br />

and Tuesday, with Wednesday and Thursday as the regular days off, and<br />

is followed by work on Friday through the following Tuesday does not<br />

violate the five (5) consecutive day requirement.)<br />

(b) Time and one-half shall be paid for the employee’s sixth day<br />

of work within a workweek. Double time shall be paid for the<br />

employee’s seventh day of work within a workweek. If an employee<br />

works six (6) or seven (7) days within his workweek, the sixth or<br />

seventh day worked shall be subject to Paragraph 4, “Night Premiums.”<br />

All employees are paid at their scheduled Regular Basic Hourly Rates.<br />

The minimum call for the sixth or seventh day worked in an employee’s<br />

workweek is as specified in Paragraph 5, with the exception that the<br />

minimum call on such days for the following shall be four (4) hours:<br />

scripts.<br />

*1) Emergency pick-up or delivery of motion picture<br />

*2) Picking up or delivering passengers and/or film at air,<br />

railroad or bus terminals.<br />

*Such exceptions do not apply on distant locations or the<br />

driving of trucks or buses, nor does it include any “on” or “off”<br />

production work at a studio, such as loading trucks for location, etc.<br />

In the event that any daily employee who is not on a<br />

regularly-scheduled workweek works six (6) days, starting with the first<br />

day worked, within a seven (7) consecutive day period, he shall be paid<br />

time and one-half for the sixth day worked.<br />

-90-

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