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Collective Bargaining Agreement

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Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT 274 Between MICHIGAN STATE UNIVERSITY and IATSE & MPMO, Local 274 of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of The United States, its Territories and Canada IATSE September 1, 2014 - August 31, 2018 TABLE OF CONTENTS ARTICLES TITLES PARAGRAPH PAGE 1 Agreement 1 1 2 Recognition 2-3 1 3 Rights of the Employer 4 1 4 Union Security 5-7 2 5 Union Dues 8-22 2-4 Wage Rates, Benefits and Conditions of 6 23-39 4-13 Employment 7 General Conditions 40-49 13-14 8 Buildings and Facilities 50 14-16 9 Recruitment and Selection 51-65 16-17 10 Grievance Procedure 66-68 17-18 11 Term of the Agreement 69 18 12 Savings 70 18 Appendix I: Letters of Agreement 20-23 ARTICLE 1 AGREEMENT - 1 THIS AGREEMENT is made this 17th day of September 2014, through the 31st day of August, 2018, by and between Michigan State University (hereinafter referred to as the "Employer") of East Lansing, State of Michigan, and Lansing, Michigan Local No. 274 of International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States, its Territories and Canada. (hereinafter referred to as the "Union"). ARTICLE 2 RECOGNITION - 2 The University recognizes IATSE Local 274 as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of employment, and other conditions of employment for employees as defined in Article 6, Sections A, B, and C and Article 9 (Recruitment and Selection), paragraph 57. - 3 This Agreement shall apply to and cover stage employees, moving picture machine operators employed by the Employer in the city of East Lansing, Michigan. Such stage employees, moving picture machine operators shall, unless otherwise specifically designated, be referred to hereinafter as "employees." This Agreement shall apply to and cover regular full-time and regular part-time and on-call stagehand employees of Michigan State University, but exclude the Director of Performing Arts, Facilities and Programs or designee; all other Michigan State University employees and students; and Productions sponsored by Residence Hall Association (RHA) in Residence Halls and Academic Buildings. ARTICLE 3 RIGHTS OF THE EMPLOYER - 4 Subject only to the limitations set forth in this Agreement, or in any written supplement to this Agreement, the Employer's right to manage its business shall be unimpaired. These rights shall include, but not be limited to, the right to hire, lay off, promote, suspend or demote, discipline, or discharge for proper cause, to determine the extent to which facilities are operated, including, but not limited to the services to be performed by the employees, and to extend, limit or curtail its operations when it may deem it advisable to do so. The Employer will not use the provision of this Article for the purpose of unlawful discrimination against any member of the Union. - 1 - ARTICLE 4 UNION SECURITY - 5 The Employer agrees not to discriminate against any employee or applicant for employment by reason of membership in the Union or because of anything said or done in furtherance of the Union. - 6 As the Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artist and Allied Crafts of the United States and Canada, AFL-CIO, CLC, nothing in this contract shall ever be construed to interfere with any obligation the Union owes to such International Alliance by reason of a prior obligation nor shall anything in this Collective Bargaining Agreement interfere with any obligation the Employer (the Director of Performing Arts, Facilities and Programs or designee) has to Michigan State University. However, these conditions shall in no event be construed so as to conflict with any applicable State or Federal Laws. -7 The Employer will not aid, promote or finance any labor group or organization that purports to engage in collective bargaining or make any agreement with any such group or organization for the purpose of undermining the Union. ARTICLE 5 UNION DUES I. Dues/Service Fee - 8 The Employer will check off dues or service charges on the basis of individually signed voluntary check-off authorization cards in forms that have been agreed to by the Employer and the Union. Employees may tender membership dues or service charges by signing the proper authorization for check-off form, or may pay the same directly to the Union. Employees may cancel authorizations for checkoff of Union dues or service charges and make such payments directly to the Union. -9 The Employer shall have no responsibility for the collection of initiation fees and membership dues, or service charges, or any other assessments that are not in accordance with the Union Security Clause of the Agreement. II. Checkoff -10 The Employer, at the time of hire, rehire, reinstatement or transfer of an employee into the Bargaining Unit, shall apprise the prospective member of these provisions and shall present to her/him an Application for Membership, if necessary, and an Authorization for Checkoff of Dues, such forms to be provided by the Union. -11 If the employee desires to join the Union, the employee shall complete the Application for Membership and submit it to the Union. - 2 - The employee shall also complete the Authorization Card for Checkoff of Dues and submit it to the Employer, with a copy to the Union. -12 An employee may revoke his/her voluntary checkoff authorization at any time by submitting notice on an authorized form to the Employer’s payroll office and Union via certified mail. Such forms shall be processed within thirty (30) days of receipt. -13 During the life of this Agreement and in accordance with the terms of the authorization for Checkoff Dues, the Employer agrees to deduct membership dues or service fees levied in accordance with the Constitution and Bylaws of IATSE Local 274, the Union, from the pay of each employee who voluntarily executes or has executed the authorization for Checkoff of Dues. -14 The initial deduction for any employee shall not begin unless the authorization for Checkoff of Dues and the certification of the Union’s financial officer the amount of the periodic Union dues or service fees have been delivered to the Employer’s Payroll Department at least 15 calendar days before the affected payday. -15 Deductions under all properly executed authorizations for checkoff shall become effective at the time such authorizations are tendered to the Employer and shall be deducted from the first (1st) pay of the month and biweekly thereafter. All monies deducted by the Employer shall be remitted to the Union’s financial officer no less than once each month as soon as possible after first pay of the month in which deductions were made, together with a list of current employees showing the amount of Union dues or service fees deducted from each employee’s pay. If Union dues or service fees are not deducted from the employee’s pay, the employer shall also indicate the amount of Union dues or service fees which should have been deducted from the employee’s pay, but were not. -16 In cases where a deduction is made that duplicates a payment already made to Union by an employee, or where a deduction is not in conformity with the Constitution and Bylaws of IATSE Local 274, refunds to the employee shall be made by Union. -17 The Employer shall not be liable to the Union by reason of paragraph 13 of this Agreement for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employee. -18 The Employer shall not, during the life of this Agreement, deduct dues or service fees from employees in this Bargaining Unit for any organization other than the Union without the Union’s written permission. -19 The Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with this Agreement. III. Service Fees -20 Any employee in the bargaining unit may voluntarily pay to the Union a Service Fee in an amount not to exceed the dues and initiation fees uniformly required by the Union. The non-member may authorize payroll deduction for such fees in the same manner as provided for Union dues. - 3 - -21 By July 1 of each year or as soon as possible thereafter, the Union shall provide written notice to all Service Fee payers, of the Service Fee, an explanation of the basis for the Service Fee, and certification that said fee includes only those amounts legally assessed by the Union. Disputes Concerning Compliance -22 The Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with this Agreement. ARTICLE 6 WAGE RATES, BENEFITS AND CONDITIONS OF EMPLOYMENT A. Regular Full-time Employees -23 Regular full-time employees who are satisfactory to the University, shall be employed in the same manner as other employees situated in the Administrative-Professional Association bargaining unit, to be in charge of and utilized in the operation of the mechanical systems or attendant equipment and such other stage work in designated buildings on campus which shall be assigned to them by the Directors of Performing Arts, Facilities and Programs or designee; Breslin Center representative or designee; or other designated University official(s). Such full-time employees shall be employed in the same manner and subject to existing rules, regulations and benefits of the University relating to its employment of Administrative-Professional Association Personnel except as such benefits are improved herein.
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