Agreement of August 1, 2018 Between Producer and International Brotherhood of Electrical Workers, Local #40

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Agreement of August 1, 2018 Between Producer and International Brotherhood of Electrical Workers, Local #40 AGREEMENT OF AUGUST 1, 2018 BETWEEN PRODUCER AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #40 Table of Contents Article Page 1. Scope of Agreement . 1 2. Recognition. 2 3. Union Security . 2 4. Wage Scales, Hours of Employment and Working Conditions. 3 5. Better Conditions - Deal Memos - Personal Service Contracts . 4 6. Authority of Union and Producer . 4 7. Grievance and Arbitration Procedure . 5 8. Conflict with Laws . 11 9. Term of Agreement. 12 10. Interpretation. 13 11. Health Plan . 13 12. Pension Plan . 19 12A. Motion Picture Industry Individual Account Plan . 23 13. Motion Picture Industry Health Plan - Retired Employees Fund . 24 13A. Loan-Out Companies . 28 13B. 401(k) Plan Feasibility Study . 28 14. Pre '60 Theatrical Pictures; Pay Television. 28 15. Post '60 Theatrical Motion Pictures . 29 16. Policy, Applicability of Agreement and Subcontracting. 46 17. Charitable Contributions. 48 18. Contract Services Administration Trust Fund. 48 19. Labor-Management Meetings . 51 20. Formulation and Implementation of Tuition Reimbursement/Work Training Programs . 51 21. Supplemental Markets. 52 21A. Special Residual Formula for Theatrical Motion Pictures Licensed to Free Television and/or Supplemental Markets for which a Minimum Guarantee or Non-Returnable Advance is Payable . 69 22. Rental Facilities . 69 23. Report of Locations. 70 24. No Strike - No Lockout. 70 -i- Article Page 25. Employee Assistance Program for Drug and Alcohol Abuse . 71 26. Change of Name by Producer . 72 27. Payroll Companies and Paying Agents . 72 28. Employer in Default . 72 29. Low Budget Features . 72 30. Gender - Included Meanings. 72 31. Payroll Deposit . 72 32. California Sick Leave . 74 33. Waiver of New York City Earned Safe and Sick Time Act and Similar Laws. 76 WAGE SCALES, HOURS OF EMPLOYMENT AND WORKING CONDITIONS §I. STUDIO MINIMUM WAGE SCALES Paragraph Page 1. Studio Minimum Wage Scales . 78 2. Classification and Wage Schedule . 99 2.1 Report of New Hires . 99 3. Payroll Week. 99 4. Fractional Payroll Week . 99 §II. STUDIO WORKING CONDITIONS 5. Night Premiums . 100 6. Minimum Calls . 100 7. Overtime . 101 7.1 Overtime - Laboratories Only . 101 8. Workweek; Sixth or Seventh Day Worked in an Employee's Workweek. 103 9. Holidays . 106 10. Call-backs . 112 11. Golden Hour Provisions . 113 12. Interchange of Job Classifications . 115 13. Working in Higher Classification . 115 14. Layoff Provisions . 116 15. Change and Cancellation of Calls. 116 16. Notification of Changes in Work Practices. 117 17. Time Cards and Computation of Work Time . 117 18. Stand-by Calls. 117 -ii- §II. STUDIO WORKING CONDITIONS (continued) Paragraph Page 19. Pay-Off Requirements. 118 20. Meal Periods and Meals . 118 §III. STUDIO ZONE AND SECONDARY STUDIO ZONE DEFINITIONS AND WORKING CONDITIONS 21. Studio Zone. 120 22. Secondary Studio Zone . 123 23. Zone Waivers . 124 §IV. NEARBY LOCATION DEFINITIONS AND WORKING CONDITIONS 25. Nearby Locations Defined . 124 26. Work Time; Travel Time . 124 27. Transportation. 124 28. Truck Travel Allowances . 124 29. Golden Hours . 124 §V. DISTANT LOCATION MINIMUM WAGE SCALES 31. Distant Location Minimum Wage Scales . 125 32. Minimum Calls and Allowances on Distant Location . 135 §VI. DISTANT LOCATION DEFINITIONS AND WORKING CONDITIONS 36. Distant Locations Defined . 136 37. Traveling Expenses and Accommodations . 136 38. Distant Location Conditions of Employment . 136 39. Travel Time, Work-and-Travel Conditions and Pay Provisions . 137 41. Call-backs . 139 43. Sixth Day Worked on Distant Location . 140 44. Golden Hours on Distant Location . 140 45. Meal Periods on Distant Location. 140 46. Night Premiums on Distant Location . 141 47. Time Cards on Distant Location . 141 48. Clean-up Facilities on Location . 152 50. Other Working Conditions . 152 -iii- §VII. GENERAL CLAUSES Paragraph Page 51. Hazardous Work . 143 52. Allowances for Hazardous Work . 143 53. Abnormally Cold or Wet Work. 144 54. Overscale Employees . 144 55. Nearby and Distant Locations. 144 56. Promotions . 144 56.1 Photographed Employees . 145 57. Earnings Reports. 145 59. Studio Pass . 145 60. Stewards . 145 61. Gang Bosses . 146 61.1 Rest Break. 147 62. Leave of Absence . 147 63. Implementation of Work Training and Apprenticeship Programs . 147 63.1 Assignment of Apprentices. 148 64. Subcontracting Out Covered Work. 148 65. Safety . 149 65.1 Safety Issues . 151 65.2 Physical Examinations . 151 67. Relieving Daily Schedule Employees on Shooting Unit. 151 67.1 Foremen and Supervisory Employees. 151 67.2 Non-Discrimination . 151 67.3 Documentaries and Industrials . 152 68. Seniority . 152 69. Substituting for Department Head . 159 70. Reporting of Accidents . 160 71. Employees in the Armed Services . 160 72. Vacations. 160 73. Jurisdictional Disputes . 169 74. Severance Pay . ..
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