General Theater Agreement

Clean
IATSE Local 28
Street Stage Agreement
July 1, 2013-June 30, 2016
[Author]
Table of Contents
PREAMBLE
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ARTICLE I: Union Recognition And Hiring
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ARTICLE II: JURISDICTION
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ARTICLE III:WAGES, OVERTIME AND CONDITIONS
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WAGES
CONDITIONS OF REGULAR TIME
CONDITIONS OF OVERTIME AND PREMIUM PAY RATES
MEAL PERIODS DURING EMPLOYMENT
HOLIDAYS
ARTICLE IV: HEALTH AND WELFARE
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401K PENSION PLAN
PAID TIME OFF (PTO)
CONTINUING EDUCATION, LICENSES AND TRAINING
IATSE PAC DEDUCTIONS
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ARTICLE V: UNION OBLIGATION
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ARTICLE VI: REJECTION AND/OR DISMISSAL
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ARTICLE VII: RESOLUTION OF DISPUTES
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ARTICLE VIII: MISCELLANEOUS PROVISIONS
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ARTICLE IX: Recording – Video And Audio
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ARTICLE X: Special Assignments
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Minimums
Crew coordinator
Assistant and additional department heads
Special Operators
Riggers
Truck Loaders
Certified Flaggers
Licensed, Certified Electricians
ARTICLE XI: Effective Date, Duration and Modification
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AGREEMENT
This Agreement, made and entered this___________day of_____, 20___, by and
between ______________________________________, hereinafter called "Employer",
and LOCAL 28, THEATRICAL STAGE EMPLOYEES of the INTERNATIONAL
ALLIANCE of THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS of the UNITED STATES, ITS TERRITORIES and
CANADA, hereinafter called the "Union".
WITNESSETH
Purposes
For and in consideration of settled and harmonious trade conditions, mutually
beneficial to the parties hereto, the Employer and the Union do hereby enter into and
agree to abide by the following Agreement covering wages, hours and working
conditions of the employees of the Employer in the classifications hereinafter set
forth.
ARTICLE I
Union Recognition And Hiring
1.1 The Employer herewith recognizes the Union as the sole exclusive
bargaining representative for all of its employees as set forth in the wage
classifications herein, and the Employer agrees that all employees employed by it to
perform work within the jurisdiction of the Union who are Local 28 members in good
standing the effective date of this Agreement shall remain members in good
standing; those employees covered by this Agreement who are not members in good
standing of Local 28 on the effective date of this Agreement shall immediately after
the 30th calendar day or the 160th hour worked (which ever comes later) following
the effective date of this Agreement, become and remain members in good standing
in the Union: and all employees covered by this Agreement who are hired on or after
its effective date shall, immediately after the 30th calendar day or the 160th hour
worked (which ever comes later) for this Employer become and remain members in
good standing of the Union. A member in good standing is defined as an employee
who tenders the periodic dues and initiation fee.
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1.1 (a) If an employee becomes delinquent in fees or dues, or fails to become
or remain a member in good standing of the Union, the Union may so notify the
Employer in writing. Within five (5) calendar days following the receipt of the notice,
the Employer shall notify the employee in writing that the employee’s employment
shall terminate unless the employee, within seven (7) calendar days after receipt of
the notice, provides proof to the Employer that the employee has cured the
delinquency or has become or been restored to membership. If the employee fails to
complete corrective action within the seven (7) day period, employment shall be
terminated.
1.1 (b) The Union agrees that it will indemnify, defend and save the Employer
harmless from all suits, actions, proceedings, and claims against the Employer, or
any person acting of behalf of the Employer, whether for damages, compensation,
reinstatement, of a combination thereof, arising out of the Employer’s
implementation of this Article 1.1, if the Employer gives reasonable notice to the
Union. The Employer agrees that the Union may designate counsel of its choice to
represent the Employer in the defense of these claims.
1.2 Both the Employer and the Union recognize and promise to adhere to the
principles of equal opportunity and agree to cooperate with each other in complying
with all applicable Federal, State and local laws and regulations. Both parties of this
Agreement agree not to unlawfully discriminate with regard to conditions of
membership in the Union, in employment by and with the Employer in any manner
regarding race, national origin, religion, sexual orientation, age, sex, marital status or
mental or physical handicap. All references to employees in this Agreement
designate both sexes, and wherever the male gender is used, it shall be construed to
include male and female employees.
1.3 It is mutually agreed that the Union shall be the exclusive source of
obtaining qualified employees, i.e. that the Union shall be given the first opportunity
to refer applicants to the Employer for employment, and that the Employer can hire
from other sources only if the Union cannot supply the needed employees. The
Employer shall endeavor to provide seventy-two (72) hours advance notice for all new
work calls that require twenty-five (25) workers or less. For calls over twenty-five
workers, the Employer will give the Union at least one week’s notice and twelve (12)
hours for calls which continue work from the previous day’s call.
1.3 (a) The parties agree that the Employer is responsible for hiring employees
covered under this Agreement. The parties also agree that the members of the Union
have expertise in the areas covered by this Agreement. The parties agree to work
together to maintain the high standards of skill and professionalism currently in
place.
1.3 (b) When the Employer states bona fide requirements or special skills and
abilities in the request for employees, the Union shall refer the first person on the list
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possessing such skills and abilities. The Union shall provide personnel that possess
the necessary level of skills, knowledge and expertise required to perform duties and
handle responsibilities to the general satisfaction of the Employer. The Union agrees
to inform employees that they are required to arrive at any work calls with: Stage
hands: basic hand tools including hammer, adjustable wrench, pliers, diagonal
cutters, screwdrivers, and gloves; Wardrobe: work apron, scissors, safety pins,
flashlight, needle and thread.
1.3 (c) The Union agrees that when referring applicants for employment, its
selection will be made in a lawful, non-discriminatory manner in accordance with the
Union’s Hiring Hall Rules. It is further agreed that the Hiring Hall Rules will adopt
reasonable standards or criteria for the making of referrals and that such standards or
criteria will be consistent with the terms of this Agreement and applied on a uniform
basis. No modifications to the Union Hiring Hall Rules will be adopted which are
contrary to this Agreement or will be adopted without prior notice to the Employer.
1.3 (d) The Employer shall have the right to reject, in writing, any job
applicant referred by the Union. The written notice must specify the cause for the
rejection as described in Article 6.2.1. However, in the event the Employer rejects
any applicant so referred, it agrees to notify the Union thereof and to pay such
rejected applicant the applicable minimum call, unless the applicant was rejected for
cause, as herein defined.
1.3 (e) The provisions contained in this paragraph as well as the standards of
criteria to be adopted pursuant hereto shall be posted in the Union offices or in other
places where notices to employees and applicants for employment are customarily
posted.
1.3 (f) When requested by the Employer, the Union shall provide a roster of
active members indicating the current status of any apprenticeship training.
1.2 The Employer shall deduct work fees, in an amount designated by Local
28, from all employees working under the terms of this Agreement who have
executed and remain bound by a lawful work fee check-off agreement with the Union.
The Employer shall commence to deduct in the first payroll period subsequent to
receipt of a copy of an executed work fee check off agreement.
ARTICLE II
Jurisdiction
2.1 It is understood and agreed that the Union has jurisdiction over the class
of work provided in the General Constitution of the International Union and
jurisdiction settlement agreements arising thereunder, such as, but not limited to,
all stages, portable or permanent when used for any type of production either in an
arena or stadium, studios and places of amusement, consisting of construction,
placing and hanging of scenery and curtains, rigging of theaters, operating and
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maintaining all paraphernalia of theaters, and repairing stage scenery, curtains,
properties, public address systems, lighting systems, intercom and in-house video
monitoring apparatus, etc. When required for a yellow card attraction or when
requested by the employer, the jurisdiction of this Agreement also covers all
employees of operating rooms and operators of apparatus and connections
appertaining thereof in locations where moving pictures are exhibited and also the
operation of all stereopticons. When required for a yellow card attraction or when
requested by the Employer, the jurisdiction of this agreement covers the
maintaining; cleaning; drying; pressing; sorting; handling; distributing; hanging;
unpacking; repacking; repairing; the general supervision of all items of costumes,
wardrobe and costume/wardrobe accessories; and assisting in the dressing of and
making changes for all performers and application of facial and body make-up of
cosmetics of any description, in creating hair styles, styling and dressing, hair and
wigs. Also included are (but only to the extent and under the circumstance such
work may heretofore have been performed by employees hereunder) the fitting and
remodeling of such items and other duties incidental to or necessary for the
performance of the foregoing as well as duties associated with the control,
disposition and organization of costumes and wardrobe for their efficient and artistic
utilization. The jurisdiction of this Agreement is limited to work performed at the
current and future Portland Center for the Performing Arts venues or any other
performance venue with seating in excess of one thousand two hundred (1200)
seats.
2.2 Staffing conditions pertaining to road attractions are specified under the
“yellow card” issued by IATSE. As the Employer is responsible for staffing, the
Union shall present to the Employer, forty-eight (48) hours prior to the call, a copy
of the yellow card, if available.
2.3 Employees engaged by the Employer to perform the work covered under
this agreement shall be considered employees of the Employer, which has the
ultimate right of control and direction of the employees during the event in question.
All employees shall conform to rules regarding procedures and methods of operation
posted by the Employer. No rules will be adopted which are contrary to this
Agreement or will be adopted without prior notice to the Union.
2.4 The following minimums are considered to be the normal: For Theatre
stage and Arena stage attractions, the minimum call shall be four (4) Department
Heads. When more than four (4) employees are called, the fifth (5th) employee
shall receive Head of Department pay. House Heads of Department provided by
PCPA shall be included in the aforementioned totals.
2.5 The Employer reserves the right to determine the specific job assignments
of all individuals provided by or through the Union. The Employer and the Union
further recognize and agree that all employees, including department heads, may be
assigned to work in all areas for which they are qualified and be assigned to work in
all areas for which they are qualified, any may be required to rotate positions from
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time to time, and may be assigned to perform work within the jurisdiction of this
Agreement as required or as needed without regard to departmental distinction.
2.6 The Employer shall have the right to request by name, select, and
schedule any job applicant from the Union. The request shall be made, in writing,
in accordance with Article 1.3. When requested by the Employer, the Union shall
provide, in advance, a list of qualified individuals to be included on any specific
work call. Scheduling will be based upon skills, qualifications, and availability. The
number of employees called to work, the call time and the utilization and/or
assignment of employees for particular tasks shall be determined by consensus of
the Union representative and the Employer’s representative of their designee(s).
These decisions shall be based on information provided by the Employer and any
other source of information, which may be available to the Union. If no consensus
can be reached, the Employer shall make the ultimate decision regarding job
assignments.
ARTICLE III
Wages, Overtime and Conditions
3.1Wages
3.1 (a) Attached hereto is EXHIBIT "A", which by this reference is made a part
hereof as though fully set forth herein. The Exhibit sets forth the job classifications,
wages, hours and overtime to be paid employees, and such Exhibits, having been
agreed to by the parties, shall be binding upon the Employer, the Union and the
employees covered by this Agreement. The Employer may pay a higher wage rate
than those listed in the CBA so long as written notice is sent to the Union when the
rate is established.
3.1(b) As of July 1, 2014, the wage rates shown in Exhibit A shall be
increased by two (2%) percent compounded
3.1(c) As of July 1, 2015, the wage rates shown in Exhibit A shall be
increased by two (2%) percent compounded
3.2 Conditions of Regular Time
3.2(a) When employees are employed during the hours of 8:00 a.m. and
12:00 midnight, they shall be paid at the regular straight time hourly rate except as
modified elsewhere in this Agreement.
3.2(b) The workweek shall be defined as beginning at 12:01 a.m. Monday and
ending at 12:00 midnight on Sunday. For payroll purposes, activities occurring
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after midnight Monday but associated with a call begun on Sunday, shall be
considered to be worked within the workweek that includes the Sunday.
3.2(c) Payments: Employees shall be paid on a pre-arranged schedule once
a week, once every two weeks or twice a month, on designated pay days established
by the Employer. The Employer shall make such payments, or make appropriate
arrangements for such payment, directly to each employee and shall include with
each payment a detailed statement showing all withholding and deductions made
that are required by law. The provisions of this paragraph shall not preclude the
Employer from continuing current payroll practices with respect to paydays.
3.2(d) Minimum calls shall be four (4) hours pay at the rate applicable to the
time of day the four (4) hour call falls within. No rate other than the straight time
rate shall be paid on minimum calls unless the employee is actually working during
the premium time. However, should the call take place on a holiday (Article 3.7(a))
or between the hours of 12:00am and 8:00am (3.3(c)) the entire minimum call
shall be paid at the premium rate.
3.2(f) For the purpose of computing time under this Agreement, any fraction
of a half-hour over five (5) minutes shall be considered a full half-hour.
3.2(g) Submitted time sheets shall not be altered by the Employer without
notification to the affected employee of any such alteration.
3.2(h) Donation: No employee covered by this Agreement shall donate his or
her services without prior, mutual, written consent of the Employer and the Union.
3.2(i) Employees shall receive pay for the hours worked on an hourly,
continuity of service basis unless a break of more than one hundred twenty (120)
minutes is given between calls. If the break between calls exceeds one hundred
twenty (120) minutes, then both calls shall be treated as separate four-hour
minimum calls. Employees will be kept on a call only when appropriate stage work
is required by the Employer.
3.2(j) On all performance calls, employees shall be called at least thirty (30)
minutes before “advertised” curtain time, and shall fully set, work and strike the
show, through the final curtain. Meal break and penalty standards shall remain
consistent with all other calls, as specified elsewhere in the contract.
3.2(k) All employees shall be allowed an uninterrupted rest period of 15
minutes on the Employer's time for each four (4) hours of working time. Rest
periods shall be scheduled as nearly as possible to the midpoint of the work period.
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3.3 Conditions of Overtime and Premium Pay Rates:
3.3(a) The first eight (8) hours worked in a single workday shall be considered
as regular hours, for the purposes of weekly overtime. Hours worked in excess of
forty (40) regular hours in an employee's workweek (Monday through Sunday) shall
be compensated for at one and one-half (1-1/2) times the applicable hourly rate.
The Employer shall retain the right to monitor all overtime and schedule employees
in a manner that limits or avoids overtime, provided, however, that employee shall
be replaced or removed after eight (8) hours per day or after forty (40) hours per
week for the purpose of preventing payment of overtime or premium wage rate
3.3(b) When employees have worked more than eight (8) hours on the same
day, the wage rate shall be one and one-half (1-1/2) times the applicable hourly
rate.
3.3(c) When employees are engaged for work calls on an hourly basis during
the hours of 12:00 midnight and 8:00 a.m.; the wage rate shall be two (2) times
the regular straight time hourly rate. The hourly wage rate shall revert back to the
straight time hourly rate at 8:00 a.m., except as modified elsewhere in this
Agreement.
3.3(d) Employees covered by the Agreement working immediately after
Midnight shall continue on the same rate of pay until said employees have had at
least an eight (8) hour rest period. An employee covered by this Agreement working
more than one hundred twenty (120) continuous minutes before 8:00 A.M. shall
continue at the same rate of pay until said employee has at least eight (8) hour rest
period
3.3(e) In no event shall wages be duplicated or pyramided. Compensation
shall not be paid more than once for the same hours under any provision of this
Article or Agreement
3.3(f) All employees working rehearsal or performances, which are defined as
extremely loud, shall be paid the appropriate hourly wage plus a twenty percent
(20%) increase during the event. Extremely loud shall be defined as events with
sound levels of 112 decibels or higher which occur twenty five percent (25%) or
more of the event as measured at the employee’s work location.
3.3(g) Recording rates shall be the current hourly wage plus eighteen and one
half percent (18.5%).
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3.6 Meal Period Breaks During Employment
3.6(a) All employees covered by this Agreement shall have an unpaid meal
period of at least sixty (60) minutes duration no earlier than the third hour of work
and no later than the end of each fifth continuous hour of work. Meal periods may
be staggered to allow uninterrupted continuation of the work call as long as there
are enough employees remaining on duty to ensure that the work is done in a safe,
workman-like manner. Employees shall be paid a two (2) hour minimum call after
each unpaid meal break. In the event the Employer provides a meal in accordance
with Article 3.6(c), the minimum call described above shall not apply.
3.6(b) If the Employer has a special situation and wishes to negotiate an
exemption or modification to these conditions, (s)he shall contact the Union
representative in a timely manner to determine if the revision or waiver is mutually
acceptable. Should the representatives of both Employer and Union fail to mutually
agree upon a revised meal period break, the Employer shall pay each employee a
meal period premium. The value of a meal period premium shall be computed as
being equal to one and one-half (1-1/2) times the applicable hourly rate until such
a meal period is allowed. All meal premiums shall be calculated from the end of
the fifth (5th) hour of work. If no meal period is given by the end of the seventh hour
then the meal premium shall be computed as being equal to two (2) times the
applicable hourly rate until such a meal period is allowed. The double-time meal
premium shall be calculated from the end of the seventh (7th) hour of work.
3.6(c) The Employer, in lieu of providing employees a full meal period break
or in lieu of paying employees a meal period premium, may provide an adequate
meal for all employees and at least thirty (30) minutes to consume the meal.
Employees shall receive continuous pay during the thirty (30) minute meal period.
An adequate meal is defined as cold sandwiches salad, chips, deli trays and drinks:
or a hot entrée, two sides and drinks. Whether the meal should be hot or cold shall
depend upon the hour of the day. The Employer shall provide special meals for
employees with specific dietary requirements as long as adequate notice from the
Union is given.
3.6(d) When a meal period falls between the hours of 9:00 PM and 8:00
A.M., an adequate hot meal and a one-half (1/2) hour period in which to eat must
be provided. Employees shall receive continuous pay during the one-half (1/2) hour
meal period or the conditions of 3.6(b) shall apply.
3.6(e) No employee shall take a meal break during a performance or final
rehearsal.
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3.7 Holidays
3.7(a) When employees are engaged for any work call on a holiday during the
twenty-four (24) hour period constituting a holiday (12 midnight to 12 midnight),
the employee shall be compensated at two (2) times his regular straight time hourly
rate. Holidays for purposes of this Agreement are:
New Years Day - January 1st
Martin Luther King, Jr. Day -Third Monday in January
President’s Day - Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - First Monday in September
Veteran’s Day - November 11th
Thanksgiving Day - Fourth Thursday in November
Christmas Eve after 5:00 PM – December 24th
Christmas Day - December 25th
New Years Eve after 5:00 PM – December 31st
3.7(b) When employees are engaged for any work calls on a holiday and are
entitled to additional premium pay due to provisions contained in this Agreement,
then such pay shall not exceed two (2) times the employee's regular straight time
hourly rate. The limit on premium pay shall not apply to meal premium contained in
Section 3.6(b).
ARTICLE IV
Health and Welfare
4.1(a) The Employer agrees to contribute to the IATSE National Health and
Welfare Fund, the sum of eighteen and one half (18.5%) percent of the gross
wages earned by each employee covered by this Agreement and to be bound by
the agreement and declaration of trust governing that Fund. Such payment shall
be by check payable to the IATSE National Health and Welfare Fund no later than
the tenth (10th) day of each month in respect to all employment during the
proceeding month on which contributions were payable. In conjunction with each
payment, the Employer shall submit a remittance report, in a form acceptable to
the Union showing the names of the employees and last known address for whom
contributions are being made, their Social Security numbers, dates of employment
and amount of contribution. Health and Welfare contributions shall be sent to the
IATSE National Benefit Funds P.O. Box 11944 Newark, New Jersey 071014944.
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4.1(b) Such Health and Welfare Fund is established in accordance with the
law, and at all times hereafter, will be and remain a qualified plan under
applicable law, including all provisions of the Internal Revenue Code.
4.1(c) The assets of the Health and Welfare Fund shall be used to pay
or provide medical, surgical, hospital, accident, disability, death or miscellaneous
welfare benefits to the employees and their eligible dependents covered by and
entitled to benefits under the Health and Welfare Fund, as the Trustees of said
Health and Welfare Fund may determine.
4.1(d) The Employer further agrees to be bound by all of the terms
and conditions of the agreement and declaration of Trust for the Health & Welfare
Fund’s as restated September 22, 2005, and as amended, the IATSE National
Statement of Policy and Procedures for Collection of Contributions Payable by
Employers, as related to the contributions due as set forth hereinabove.
4.1(e) Effective July 1, 2015, the contribution amount referred to in section
4.1(a) shall be increased to nineteen and one-half (19.5%) percent.
401k Pension Plan
4.2 The Employer agrees, in addition to all wages and other sums required to
be paid hereunder, to pay the further sum of six percent (6) of the gross wages
earned by each Stagehand covered by this Agreement and employed by the
Employer under its terms into the Entertainment Industry 401(k) Trust as stated in
the attached Entertainment Industry Subscription Agreement which is made part of
this Agreement. If during the term of this Agreement the Union provides notice of
a desire to modify its Entertainment Industry 401K plan or to substitute a different
retirement plan, the Employer will negotiate with the Union on this subject, and, if
agreement is reached, this Section shall be amended to reflect this agreement. The
Employer will also agree to deduct from each employee’s paycheck any additional
401k deduction the employee requested on the proper form provide by the plan.
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Paid Time Off (PTO)
4.3 To meet requirements of the City Of Portland’s Paid Sick Leave Ordinance
#185926 Title 9, Chapter 9.01- 9.01.140, the Employer Shall, effective January
1, 2013, place into an account for each Employee an amount equal to 3.3% of
wages on all hours worked. Paid Time Off is exempt from Gross Wages in sections
4.1 and 4.2 of this Article.
4.3 (a) DEFINITION:
1. “Paid Time Off” or “PTO” is a bank of time provided by an Employer
to an Employee that an Employee can use to take any type of paid
leave (vacation, illness, religious observance, personal business,
funerals, bereavement, military leave, etc.).
2. Paid Time Off is exempt from Gross Wages in sections 4.1 and 4.2 of
the Collective Bargaining Agreement.
4.3 (b)ACCRUAL:
1. Each Employee covered by this agreement will accrue one hour of Paid
Time Off for each 30 hours worked beginning at the outset of
employment or January 1, 2014, whichever is later, PTO will be
administered by the Employer through the Employer’s payroll
department.
2. The accrual period for PTO is the calendar year. Employees may
accrue a maximum 40 hours of Paid Time Off in a calendar year and
allowed to rollover unused PTO into the next calendar year.
3. Employees will not be allowed to accrue more than eighty (80) hours
of PTO.
4. PTO will be accrued and disbursed at Journeyman/Grip, hourly rate.
5. If an Employee is separated from the Employer by a period longer
than 12 months, that employee’s PTO balance shall revert to 0, and
the Employer will pay out any remaining balance as per the rate in
item 4.
4.3 (c) ELIGIBILITY:
1. Employees will be eligible to use accrued PTO once they have worked
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one hundred and twenty (120) hours for the Employer in a calendar
year. Once an employee meets this eligibility threshold, he or she
remains eligible to use PTO in subsequent years regardless of number of
hours worked. Any PTO accrued for an Employee who does not reach
this eligibility threshold shall be zeroed out at the end of the calendar
year.
4.3 (d)USE OF PTO:
1. Employees must notify the Employer of intent to use PTO at least 30
days prior to the date the PTO will commence, or as soon as practicable.
Employees will make reasonable effort to schedule PTO in a manner
that does not unduly disrupt the operations of the Employer. Employer
has the right to reject a non-emergency PTO request if it will disrupt
operations. In the case of unscheduled PTO, for illness or emergency,
Employees must notify the Employer as soon as possible so that
Employer may schedule a replacement.
2. PTO may be used in increments of one hour, up to 80 (eighty) hours
per calendar year.
4.3 (e) REPORTING:
1. Employees will be provided a written accounting at least quarterly of
amount of accrued and unused PTO available with expiration dates as
item 4.3.b.5 above.
4.3 (f) RIGHTS PROTECTED:
1. Employees will not suffer discrimination or retaliation for requesting,
using, or complaining that they are not receiving PTO. If Employees
have concerns about the implementation of this policy, they may
contact the Union Business Representative or the Employer’s Chief
Operating Officer.
4.3 (g)Should either the Ordinance or the implementing regulations be
amended and the parties mutually agree that the amendment(s) either
require or allow modification of the PTO Policy.
4.3 (h)
Should the parties mutually agree that circumstances exist that
make the creation of Joint Multi-Employers/Union PTO Trust for the purpose
of complying with Portland City Code Chapter 9, Protected Sick Time
desirable, they shall meet to discuss such creation, and invite the
participation of other interested employers. Until such time as such a Trust
is established, and the parties agree that the Employer can contribute to the
Trust and revoke the above referenced PTO policy, the PTO policy will remain
in effect.
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Continuing Education, Licenses and Training
4.4 The Employers agrees, in addition to all wages and other sums required
to be paid hereunder, to pay the further sum of one percent (1%) of the gross wages
earned by each Stagehand covered by this Agreement and employed by the
Employer under its terms. Such payment shall be due and payable for work
performed on and after the effective date of this Agreement and shall be paid to a
Joint Board of Trustees composed of an equal number of trustees appointed by the
Union and an equal number of Trustees appointed by the Employer, numbering two
Employer Trustees and two Union Trustees, said payments are to be deposited in
the account in the name of “I.A.T.S.E. Local 28 Training Fund” and shall be under
the control of said Joint Board of Trustees; such contributions shall be utilized for
the purpose of supporting the education of stagehands.
4.5 The Employers agrees, in addition to all wages and other sums required
to be paid hereunder, to pay, effective July 1,2014 the further sum of one-half
percent (.5%) of the gross wages earned by each Employee covered by this
Agreement and employed by the Employer under its terms to the IATSE
Entertainment and Exhibition Industries Training Trust Fund. All contributions to
the IATSE Entertainment and Exhibition Industries Training Trust Fund shall be
made by check payable to the “IATSE Training Trust Fund”, no later than the 10th
day of each month in respect to all employment during the preceding month on
which contributions were payable. Benefit fund payments will be made separately
for each local union. Benefit contributions shall be sent to the IATSE Training Trust
Fund, 10045 Riverside Drive, Toluca Lake, CA 91602.
IATSE PAC DEDUCTIONS
4.5 “The Employer agrees to deduct from each employees’ gross wages at
each payroll period such voluntary contributions to the IATSE Political Action
Committee (“IATSE-PAC”) as the employee has authorized in writing to be
deducted. At least once a month, the Employer will issue a single check for
deductions payable to the IATSE-PAC and remit same directly to the IATSE-PAC.
Along with the check, the Employer will provide the PAC with the following
information:
(1) The name of each employee for whom a deduction has been made,
(2) The employee’s social security number, and
(3) The amount of the deduction.
Employees who wish to cancel or modify their deduction will sign a card
supplied by the Union for such purpose. The Union will be responsible for obtaining
any refund from the IATSE-PAC. The Union will reimburse the Employer annually
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for all costs incurred in administering this deduction and will indemnify and hold
harmless the Employer from any and all liability arising from deductions provided
for in this section. Administration of the foregoing may be assigned to the
Employer’s payroll service.”
ARTICLE V
Union Obligation
5.1 Nothing hereinbefore or hereinafter contained shall be so construed as to
prevent members of the Union from cooperating with organized labor as required by
their International Union, the Theatrical Federation, or the Central Labor Council of
Portland and vicinity provided that such cooperation shall be consistent with
applicable Federal and State Laws.
ARTICLE VI
Rejection and/or Dismissal
6.1 Conditions of Rejection or Dismissal
6.1.1 An employee may not be shifted to another position after the first
technical rehearsal has occurred without the concurrence of the Employer and the
Union. Substitutions once technical rehearsals have begun are not allowed without
prior approval of the Employer. Not withstanding the above, the Employer may
replace an employee only for just cause. The Employer will grant exceptions to this
rule for illness, compassionate leave, bereavement or other reasonable grounds.
6.1.2 Referred Applicants may be rejected under the terms of Section 1.3.
6.1.3 The Employer may dismiss or discipline an Employee for just cause as
defined in Section 6.2.2.
6.2 Causes for Rejection, Dismissal, and/or Discipline
6.2.1 The Employer may reject referred applicants for just cause, including,
but not limited to previous dismissal or discipline under Section 6.2.2, failure to
meet federal legal requirements for employment or conviction of felony sexual
offense.
6.2.2 Dismissal for cause: The Employer may dismiss or discipline an
employee for just cause, including, but not limited to unsatisfactory work
performance, violation of work rules adopted pursuant to this Agreement, willful or
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habitual violations of safety and/or health regulations, criminal conduct, dishonesty
related to employment, gross insubordination related to employment, working under
the influence of alcohol or illegal narcotics or possessing or selling illegal narcotics
at work, and/or any other conduct sufficiently serious in nature as to justify
employee discipline.
6.3 Pay in the event of dismissal: In situations where an employee is
dismissed or otherwise removed from their job without prior warning, the employee
shall be paid for actual time worked on the date of the dismissal or suspension, and
the minimum call requirements of the various schedules to this Agreement shall
apply, unless the dismissal is for criminal conduct, dishonesty related to
employment, or working under the influence of alcohol or illegal narcotics or
possessing or selling illegal narcotics at work.
ARTICLE VII
Resolution of Disputes
7.1 Grievance and Arbitration Procedure A grievance is defined as a dispute
by the Union or a covered employee concerning the application or interpretation of a
specific provision of this Agreement. Grievances may be initiated and pursued in
the following manner:
(1) Step I. An employee who believes he has a grievance may present this
grievance, in writing, to his immediate supervisor for adjustment within seven (7)
calendar days of the date on which the events occurred giving rise the grievance. An
employee's supervisor shall respond promptly, but in no event more than seven (7)
calendar days after receipt of the written grievance.
(2) Step II. If a grievance has not been settled between the affected employee
and the immediate supervisor, the grievance shall be forwarded by a Union
representative or the affected employee to the Employer's designee within twentyone (21) calendar days of the date on which the events occurred giving rise to the
grievance, inclusive of all time provided for processing of the grievance in Step 1 of
this procedure. A written statement of the grievance shall be signed by the
aggrieved employee or by a Union representative, and shall include a statement of
the specific provisions of the Agreement alleged to have been violated, a brief
statement of the facts, and a statement of the relief requested. The Employer shall
respond to the written grievance in writing within fourteen (14) calendar days of its
receipt.
(3) Step III. If the grievance is still unsettled, the Union may within ten (10)
calendar days of the date of the Employer's response, or the date that such response
was due, advance the matter to arbitration. If the parties are unable to agree upon
an arbitrator, the Oregon State Mediation and Conciliation Service or the Federal
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Mediation and Conciliation Service shall be requested to submit a list of seven (7)
names. Both the Employer and the Union shall have the right to strike three (3)
names from the list. Either party shall have the right to reject one list in its entirety.
The party to strike first shall be determined by coin toss and the other party shall
then strike one name. The parties shall alternate strikes until one name remains,
who shall be the arbitrator. The designated arbitrator shall conduct a hearing. The
arbitrator shall issue a decision, which shall be final and binding on the Employer,
the Union and all involved employees. The arbitrator shall have no authority to
amend, modify, nullify, ignore or add to the provisions of this Agreement and shall
decide only the grievance presented. The arbitrator's decision and award shall be
based on his interpretation of the meaning or application of the terms of this
agreement to the facts of the grievance presented. The arbitrator shall not render an
award inconsistent with retained management rights of the Employer. Expenses for
the arbitrator shall be borne equally by the Employer and the Union; however, each
party shall be responsible for compensating its own representatives and witnesses.
If either party desires a verbatim recording of the proceedings, it may cause such a
record to be made, provided it pays for the record and makes a copy available
without charge to the arbitrator. If the other party desires a copy, both parties shall
jointly share the cost of the transcript and all copies. If either party fails to proceed
with the procedures of Step III within thirty (30) days, unless otherwise mutually
agreed, the other party may proceed on an ex parte basis.
7.2 The Employer or its designee(s) shall meet at mutually convenient times
with the Union.
7.3 Time Limits: The time limits of this grievance and arbitration procedure
shall be strictly adhered to. The Employer shall have the right to refuse to process or
arbitrate a grievance, which is not raised in a timely fashion. If at any step of the
grievance procedure the Employer does not formally respond as provided herein, it
will be assumed that the Employer has rejected the grievance, and that the next
step of the grievance procedure shall be available.
7.4 Extension of Time Limits: The time limits of this grievance and arbitration
procedure may be extended by mutual agreement, in writing, between the parties.
The parties may mutually agree in writing to waive any of the time limits contained
in this procedure.
7.5 For purposes of this Article, the date of receipt shall be considered the
effective date for purposes of calculating the time limits contained in this grievance
procedure.
7.6 The parties may, upon mutual agreement, in writing, submit multiple
grievances to an arbitrator for decision.
7.7 The provisions of this Article shall not be interpreted to require that the
Union process any grievance through the grievance or arbitration procedure, which it
believes in good faith, lacks sufficient merit.
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ARTICLE VIII
Miscellaneous Provisions
8.1 Admission: The Business Agent or accredited representative of the Union
shall be allowed admission to any property that is leased or otherwise under the
control of the Employer where employees under the terms of this Agreement are
employed for purposes of policing this Agreement.
8.2 Insurance: It is agreed by the Employer that the Stagehands covered by
this Agreement shall be protected by the State of Oregon Industrial Accident
Commission, or some reliable Insurance Company, against occupational injuries
and occupational diseases. It is agreed by the Employer that in the event it rejects
the State of Oregon Industrial Accident Commission and substitutes a private
insurance company, it will then inform the Union, in writing, the name and address
of such other insurance company, together with a copy of the policy which the
Employees are to be covered against occupational injuries and occupational
diseases. Coverage must be equivalent to the State of Oregon Industrial Accident
requirements in hospitalization, medical and doctors' care together with
compensation for time lost including claim payments.
8.3 Safety: The Employer acknowledges its obligation to provide a safe and
healthy environment for employees in accordance with all applicable federal
(OSHA), state and local laws pertaining to health and safety. In situations that are
in the direct control and responsibility of the Employer, the Employer shall respond
promptly to alleged unsafe conditions brought to its attention by a department
head. All Employees shall comply with all reasonable safety rules and policies of
the Employer. A Joint-Labor Management Committee shall also serve as a safety
committee and shall be responsible for discussing safety issues of mutual concern
and making recommendations to the Employer’s representatives. At least one
IATSE Local 28 appointee shall be on the employers safety committee.
8.4 Rights of the Parties: The Union has all rights which are specified
in this Agreement, and retains all rights granted by law, except as such rights may
be limited by this Agreement. The Employer has, retains and shall possess all
management rights that it possessed prior to entering into this Agreement, except
as those rights are specifically limited by this Agreement. The failure of either
party to enforce any provision of this Agreement, or to exercise any rights granted by
law, or their exercise of any such rights in any particular way, shall not be deemed a
waiver of such right or a waiver of their authority to exercise any such right in some
other way not encompassed by the terms of this Agreement.
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8.5 The Agreement expressed herein in writing constitutes the entire
agreement between the Employer and the Union, and no oral statement shall add to
or supersede any of its provisions. This Agreement may be amended at any time by
mutual Agreement of the Employer and the Union; any such amendment shall be in
writing and signed by both parties.
8.6 No Strike/No Lock-out: The Union agrees that during the life of this
Agreement, it will not engage in a strike, picketing, slow-down, or other work
stoppage regarding any matter covered by this Agreement and subject to arbitration.
In addition, the Union agrees not to engage in a sympathy strike, unless the labor
dispute involves the Employer. Similarly, the Employer agrees that during the life
of this Agreement, it will not lock out employees covered by this Agreement, as a
consequence of any matter covered by this Agreement and subject to arbitration.
8.7 On productions requiring sewing machines, steamers, irons ironing
boards, and large kits of sewing or hair/make-up supplies, Employer will furnish
same. If an employee is requested by Employer to furnish any such equipment, a
daily rental will be charged, The rental fee shall be paid to the employee for the run
of the show, except if the Employer buys its own equipment, the fee may be
reduced or discontinued, as the case may be. All equipment furnished by
employees must be insured against fire and theft at the Employer expense, or in
lieu thereof, The Employer shall be required to reimburse the employees for any
loss or damage to the same.
(a) Sewing Machine $75/day
(b) Commercial steamer $75/day
(c) Iron and Ironing board $50/day
(d) Extensive sewing Kit* $50/day
(e) Hair and Make-up Kit $100/day
* Such kit is understood to be equipment beyond the normal flashlight /
scissors, etc. normally carried by a dresser.
ARTICLE IX
Recording - Video and Audio
9.1 Subject to the exclusions set forth below, any film, video or audio
recording used for commercial purposes shall be classified as a recording and all
Employees performing services under this agreement on such work shall be
compensated at the recording rate.
9.2 When personnel are engaged for any work that is to be filmed, videotaped,
televised and/or broadcast for commercial purposes, then the load-in, strike and
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load-out of equipment and hardware required for any filming, audio recording,
videotaping, television and/or broadcasting shall be within the jurisdiction of
personnel covered under this agreement. Recording Rate shall be paid for time
spent working under the recording crew and for actual recording time. The
operation of broadcast, film and television equipment, cameras, sound equipment,
switchers, VCRs, and similar equipment shall not be within the jurisdiction of
personnel covered under this agreement unless requested by the Employer.
9.3 The aforementioned provisions and conditions contained within this article
shall not apply to: a) the taking of film, videotape and/or radio footage for news
purposes provided the broadcast segment is no longer than five (5) minutes; b)
Employer activities to promote itself or its activities or to sell tickets to
presentations. However, if such performance is produced for sale as a live broadcast
or sale in any form, the recording rates shall apply.
9.4 Closed circuit television shown within the performance facility, and local
remote simulcast, to a showing for which no admission is charged, shall be
excluded from the recording rate when it is not recorded for sale.
9.5 Conditions applicable to Section 10.3 shall not apply to the recording
and/or transmission of audio for radio broadcast on public radio, nor to the
transmission of audio and video for public television or for local public access cable
television within the tri-county area, and Clark County in Washington State, or any
concert and/or production sponsored by such organizations; nor to the recording of
performances or rehearsals on audio or videotapes for archival or study purposes.
However, if such performance is produced for resale in record, film, audio, or
videotape or compact disc, the recording rates shall apply.
ARTICLE X
Special Assignments
10.1 Minimums: If an employee’s job classification changes during a call
the employee shall be paid the rate shown in Exhibit A of this Agreement for the
time worked in the specialty classification described below, but not less than a
minimum of two hours per day, regardless of any breaks in assignment. Employees
will record hours worked in special assignment classifications and turn that record
of hours over to the Crew Coordinator on a daily basis.
10.2 Crew Coordinator: The Union shall include among the employees
referred for each call at least one individual qualified to perform the duties of Crew
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Coordinator. The Employer will have the final decision of who the Crew Coordinator
will be for each attraction.
The Crew Coordinator shall be paid the Special Operator rate shown in Exhibit A of
this Agreement.
If Portland’5 Centers for the Arts does not provide a full complement of Department
Heads and the Employer designates replacement Department Heads, then one
replacement Head may serve as Crew Coordinator as per 2.4 of this agreement. The
replacement Head shall be paid at the Crew Coordinator (Department Head) rate
shown in Exhibit A.
The duties of the Crew Coordinator, shall be as follows:
(a) Shall coordinate with the Department Heads to assure the safe, efficient running
of the crew.
(b) Shall report to the Employer any unsafe or hazardous condition.
(c) Shall check the list of employees referred and keep a daily record, in the format
provided by the Employer, of time worked by each employees on the job, and the rate
and position occupied by each employees, and shall submit the payroll to the
employer, on a daily basis.
(d) Shall ensure that all employees have filled out appropriate employment forms for
the Employer.
(e) Shall keep the official “time” for the event, including call times, meals periods,
overtime periods and the other coordination of time for the event.
(f) Shall provide advice and consultation to the Employer on interpretation of this
Agreement and on matters relating to meal periods, overtime, etc.
(g) When not engaged in the duties described above, shall be a part of the working
crew, as assigned by the Employer.
10.3 Assistants and additional Department Heads: Additional Department
Heads may be assigned by mutual consent with the Employer at anytime.
(a) Assistant Department Heads: One Assistant shall be required at any time
the crew of any single department exceeds twelve (12) employees.
(b) Wardrobe Head: When one or more employees are requested in the
Wardrobe Department, one employee shall receive Head of Department
rate.
(c) Hair and/or Make-up: All employees requested to attend to hair and/or
make-up needs shall receive Head of Department rate.
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(d) Orchestra Head: When one or more employees are requested solely to
attend to the needs of an orchestra during rehearsals or performances,
one employee shall receive Head of Department Rate.
(e) Supertext Projection: When one or more employees are requested to
solely attend to installation and operation of supertext equipment one
employee shall receive Head of Department rate.
10.4 Special Operators: Assignments for which the Special Operator rate shall
apply are as follows.
(a) Additional sound or light board operators.
(b) Follow-spot operators.
(c) Pyrotechnicians.
(d) Video, Slide, or Scenic projector operators.
(e) Automation operators.
(f) Forklift operators.
(g) Stitcher / Tailor
(h) Laundry
(i) Certified Flaggers Keller Auditorium
10.5 Other Assignments: The rates for these assignments are listed in Exhibit
A.
10.5(a) Riggers: Rigging rate shall be paid to all employees in Arenas and/or
Auditoriums on open beams, hanging ceilings and gridirons assigned to assemble,
work with or disassemble cables, pulleys, tackle, winches or other gear associated
with the lifting or supporting of objects above the floor. When riggers are specified
for a work call, preference shall be given to referents that hold ETCP or similarly
recognized certification. Whenever Riggers are specified for a call, they shall
receive a minimum of four (4) hours at the rigging rate. Riggers may be assigned to
other departments when rigging is not required. Hours worked after the first four
hours shall be recorded as per 11.1. When no rigger has been requested for a call,
but rigging duties arise, Employees performing the rigging duties as defined in
11.5(a)shall receive rigger rate for actual time spent rigging, but not less than than
a minimum of two hours a day, as specified in 11.1 On a call sheet, any reference
to riggers, shall constitute a specified rigger call and shall be subject to the 4 hour
minimum stated above.
1. Riggers shall be employed: To install, maintain and
dismantle the physical means of support for the overhead
equipment related to the Employer’s production. To spot
lines by moving adjustable loft/head block sheaves on a
fixed gridiron and safety devices installed in conjunction
with spot lines.
2. Ground Riggers: Ground riggers rate shall be paid to all
employees at the request of the Employer or the show
Production Manager, who assist the riggers in assembling
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and/or disassembling the rigging, as described in 11.4
a), from the stage or arena floor.
3. Rope Access Technicians: A minimum of two Rope
Access technicians with either SPRAT or IRATA
certifications shall be required for all rope access work.
Rope Access Technicians shall be compensated at twenty
eight (28%) percent above standard rigging rate. (Rope
access refers to a set of techniques where ropes and
specialized hardware are used as the primary means of
providing access and support to workers. Generally a
two-rope system is employed: the working rope supports
the worker and the safety rope provides back-up fall
protection.) SPRAT Website http://sprat.org/what-is-ra/
10.5.(b)Rigging rate shall also be paid to all employees who:
1. Focus lights while suspended
2. Are required by the facility, the show or the employer to
wear a safety harness.
10.5(c) Truck Loaders: Truck loading rate shall be paid to all personnel
assigned to the loading and unloading of trucks. Truck loaders shall receive a
minimum of four (4) hours at truck loading rate.
10.5(d) Certified Flaggers (Keller Auditorium): Certified Flaggers shall be used
when it becomes necessary to block traffic on Southwest Clay street and shall be
paid at Special Operator rate. Such flaggers shall be employees otherwise on the
call and when not engaged in flagging described above, shall be a part of the
working crew, as assigned by the Employer.
10.5(e) When electricians are specified for a work call, preference shall be
given to employees that hold an Oregon State Journeyman Stage Electrician
license or an ETCP certification. First preference shall be given to electricians
who hold both certifications.
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ARTICLE XI
Effective Date, Duration and Modification
11.1 When executed by the parties hereto, the terms of this Agreement shall
become effective as of the ____day of _______ 20____. It shall remain in full force
until and including June 30, 2016, and shall continue in effect from year to year
thereafter, unless reopened or modified as provided below.
11.2 Any party desiring to terminate or modify the agreement subsequent to
its agreed-upon term must give notice of termination or modification no less than
ninety (90) days prior to the expiration date.
11.3 If either party should desire to change or modify the Agreement to
include work rules and/or physical requirements for the period July 1, 2013 to June
30, 2016, the party must notify the other of its desire, in writing, at least ninety (90)
days prior to July 1, 2013. If such notice is not given within the time allowed, this
Agreement, as written, shall automatically be continued for the remainder of the
Agreement’s term. Should the parties fail to reach agreement on the desired
modifications, either party may engage in lawful economic action notwithstanding the
provisions of Article VII, Section 8.7.
11.4 The Union shall forward to the Employer an agreed to an adjusted rate
schedule on or about July 1 of each contract year.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
signatures the
day of
, 20_____.
UNION:
EMPLOYER:
____________________________
BUSINESS REPRESENTATIVE
IATSE Local 28
___________________________
EMPLOYER REPRESENTATIVE
(TITLE)
____________________________
PRESIDENT
IATSE Local 28
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