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2016 Commercial Production Agreement

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2016 Commercial Production Agreement 2016 COMMERCIAL PRODUCTION AGREEMENT AND NORTHEAST CORRIDOR APPENDIX I.A.T.S.E. – A.I.C.P. 2016 COMMERCIAL PRODUCTION AGREEMENT TABLE OF CONTENTS ARTICLE I - RECOGNITION AND GEOGRAPHIC APPLICATION OF AGREEMENT ....... 1 ARTICLE II - UNION SECURITY AND CHECKOFF ................................................................ 3 ARTICLE III - ADMINISTRATION ............................................................................................. 4 ARTICLE IV - ACCESS ................................................................................................................ 5 ARTICLE V - JOB STEWARD ..................................................................................................... 5 ARTICLE VI - NO DISCRIMINATION ....................................................................................... 5 ARTICLE VII - GRIEVANCE PROCEDURE AND JURISDICTIONAL DISPUTES ............... 5 ARTICLE VIII - NO STRIKE - NO LOCKOUT .......................................................................... 6 ARTICLE IX - MULTI-EMPLOYER UNIT ................................................................................. 6 ARTICLE X - FIRST CONSIDERATION FOR EMPLOYMENT .............................................. 6 ARTICLE XI - MINIMUM TERMS AND CONDITIONS ........................................................... 7 ARTICLE XII - SCOPE OF AGREEMENT .................................................................................. 7 ARTICLE XIII - OPERATIONS .................................................................................................... 8 ARTICLE XIV - WORK DAY, WEEK AND MINIMUM CALLS ............................................. 8 ARTICLE XV - OVERTIME ......................................................................................................... 9 ARTICLE XVI - REST PERIODS ................................................................................................. 9 ARTICLE XVII - HIGHER CLASSIFICATION .......................................................................... 9 ARTICLE XVIII - MEALS ............................................................................................................ 9 ARTICLE XIX - LOCATIONS/TRAVEL ................................................................................... 10 ARTICLE XX - CANCELLATION OF CALLS ......................................................................... 13 ARTICLE XXI - HOLIDAYS ...................................................................................................... 13 ARTICLE XXII - BENEFITS ...................................................................................................... 13 ARTICLE XXIII - IATSE PAC ................................................................................................... 19 ARTICLE XXIV - EMPLOYER IDENTIFICATION ................................................................. 19 ARTICLE XXV - WAGE RATES ............................................................................................... 19 ARTICLE XXVI - TERM, EFFECTIVE DATE AND OPEN PERIOD ..................................... 20 ARTICLE XXVII - MISCELLANEOUS ..................................................................................... 20 ARTICLE2T XXVIII - IATSE2T EEITF ............................................................................................. 20 ARTICLE XXIX - CONFIDENTIALITY ................................................................................... 20 ARTICLE XXX - DAILY ON CALL WORK ............................................................................. 21 APPENDIX “A” ......................................................................................................................... A-1 APPENDIX “B”...........................................................................................................................B-1 APPENDIX “C”...........................................................................................................................C-1 APPENDIX “D”SIDE LETTER................................................................................................. D-1 APPENDIX “E” SIDE LETTER ................................................................................................. E-1 APPENDIX “F” SIDE LETTER ................................................................................................. F-1 APPENDIX “G” SIDE LETTER ............................................................................................... G-1 APPENDIX “H” SIDE LETTER ................................................................................................ H-1 APPENDIX “I” SIDE LETTER .................................................................................................. I-1 APPENDIX “J” EMPLOYEE CONFIDENTIALITY UNDERTAKING .................................. J-1 NORTHEAST CORRIDOR APPENDIX CONTAINING LOCALS 600, 161, AND 798 TERMS AND CONDITIONS .............................................. NEC-1 LOCAL 600 ..... ..................................................................................................................... NEC-3 LOCAL 161 ..... ................................................................................................................... NEC-22 LOCAL 798…… ................................................................................................................. NEC-33 EXTENDED WORKDAY SAFETY GUIDELINES…………………………………......NEC-47 2016 COMMERCIAL PRODUCTION AGREEMENT THIS 2016 COMMERCIAL PRODUCTION AGREEMENT (“CPA” or “Agreement”) has been negotiated between the INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS and ALLIED CRAFTS OF THE UNITED STATES AND CANADA, AFL-CIO, CLC (“IATSE”) and the ASSOCIATION OF INDEPENDENT COMMERCIAL PRODUCERS, INC., (“AICP”) and is binding on those commercial production companies that have consented (and those who hereafter consent) in writing to be bound hereby (“Employer” or “Employers”). Employers are engaged in the physical production of commercials pursuant to contracts with advertising agencies and/or advertisers. The IATSE represents technicians and artisans who work in the production of commercials. Commercial production services the advertising industry by providing commercials which advertise products to consumers. While the traditional production processes of commercials parallels that of live action motion picture production, the process is creatively controlled by advertisers and their agencies whose requirements effect personnel selection, production schedules, work practices and budgets. This Agreement is intended to recognize and address the special needs of the commercial production process. It is the intent of the parties hereto that this Agreement, establish the wages and working conditions applicable to technicians and artisans employed in the production of commercials. RECOGNITION AND GEOGRAPHIC APPLICATION OF AGREEMENT Section 1. RecognitionU .U The Employer recognizes the IATSE as the exclusive collective bargaining representative of all production technicians and artisans employed in classifications traditionally represented by the IATSE in the television commercial industry who are employed by the Employer in the County of Los Angeles to perform services either within or without of said county within the geographic application set forth in Section 2 in the production 1 of filmed television commercials.P0F P This Agreement is not applicable to office clerical employees, production assistants or guards as defined by the National Labor Relations Act. 1 Public service announcements, spec commercials and low budget commercials. Low budget commercials are defined as those which have a single day production cost that does not exceed $75,000 nor an aggregate cost of more than $300,000. With respect to low budget commercials and PSA’s, wage rates shall be subject to individual negotiations but the benefit provisions of Article XXII shall be applicable. Where the Employer maintains that a production is a low budget commercial as herein defined, it shall give the International Union notification prior to booking of a crew for a low budget commercial and shall upon request of the International Union provide verification of the budget for such production. Public service announcements are commercials produced for non- profit or governmental agencies to disseminate information or promote services which serve the public interest. No commercial products, services or corporate names may be referenced or shown in PSAs. With respect to Spec Spots (i.e. demonstration commercials made for the purpose of showcasing the talent of Employers and Directors to prospective clients), wages are a matter of individual negotiation between the employees and the Producer. If, subsequent to its making, a spec spot is sold to an agency or client or distributed for a public audience either CPA-1 The Employer recognizes IATSE as the bargaining agent for persons employed as Marine Coordinators, boat handlers and on-set picture boat operators except to the extent that these categories, prior to the date of this agreement, are covered by a separate collective bargaining agreement with another labor organization. Wages for these categories shall be “as negotiated.” The parties confirm that (i) the installation, connection and striking of temporary electric power sources emanating from a location base camp and (ii) aerial balloon lighting are work within the jurisdiction of the IATSE. This is not a staffing
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