Common use of GUILD SHOP Clause in Contracts

GUILD SHOP. Every personal service contract of employment shall provide that if the writer fails or refuses to become or remain a member of the Guild in good standing, as above provided, the Company shall have the right at any time thereafter to terminate such employment agreement with such writer. If the Company is required or directed by any decision of a court of competent jurisdiction or any proper governmental authority to refund to any writer, in whatsoever form the same may be recovered, any dues deducted and paid to the Guild by the Company under the provisions of subparagraph 2. of this Paragraph E., the Guild agrees to repay to the Company the amount of such dues so refunded. The Guild will cooperate with the Company in obtaining the necessary authorizations from writers for the payment and deduction of dues in the manner provided in subparagraph 2. above. Notwithstanding anything to the contrary in Paragraph B. of this Article 6 or in this Paragraph E., if the payment of initiation fees or dues (in the case of Paragraph B.), or if the payment of dues (in the case of this Paragraph E.), or the deduction thereof from the compensation of the writer, is or shall become contrary to law, or any statute, or is declared by any court of competent jurisdiction in the State of California or by any Federal Court or the National Labor Relations Board or its General Counsel, or by any other board or individual having jurisdiction over the matter, to be in violation of any applicable law or statute and if, by reason thereof, the Company fails to deduct and pay to the Guild such initiation fees or dues, as the case may be, as aforesaid, and shall notify the Guild thereof in writing within the fifteen (15) days after any notice from the Guild above-mentioned, then although such initiation fees or dues, as the case may be, are not paid within the fifteen (15) day period, for the purposes of this Basic Agreement, such writer shall nevertheless be deemed to remain a member of the Guild in good standing throughout the term of the writer's assignment. F. The Guild will facilitate employment of its members by the Company and will at all reasonable times promptly furnish to the Company in writing information concerning the status of any of its members, and the Company shall be entitled to rely upon such information so furnished by the Guild. G. The Guild represents and warrants that discipline, resignation, admission, reinstatement, readmission and all other matters relating to membership status will at all times during the term hereof be within the exclusive jurisdiction of the Guild. The Guild agrees that it will exercise such jurisdiction subject to and in accordance with the provisions and intent of this Article 6 and of any other applicable provisions of this Basic Agreement. H. It is understood that the provisions of this Article 6 shall never under any circumstances be so construed during the term of this Basic Agreement as to constitute or permit what is known as a "closed shop" or construed in any manner that will at any time deprive the Company of its right to employ or continue the employment of a writer who is not a member of the Guild in good standing, or who does not become a member of the Guild in

GUILD SHOP. Every personal service E. If, during any time that a writer is employed by the Company under a contract of employment shall provide that if the employment, such writer fails is or refuses to become or remain becomes a member of the Guild in good standingstanding and if such writer shall subsequently and before his/her employment under such contract terminates, as above provided, cease to be a member of the Company shall have the right at any time thereafter to terminate such employment agreement with such writerGuild in good standing then: 1. If the Company is required or directed by any decision of a court of competent jurisdiction or any proper governmental authority to refund to any writer, in whatsoever form the same may be recovered, any dues deducted and paid to the Guild by the Company under the provisions of subparagraph 2. of this Paragraph E., the Guild agrees to repay to the Company the amount of such dues so refunded. The Guild will cooperate with the Company in obtaining the necessary authorizations from writers for the payment and deduction of dues in the manner provided in subparagraph 2. above. Notwithstanding anything to the contrary in Paragraph B. of this Article 6 or in this Paragraph E., if the payment of initiation fees or dues (in the case of Paragraph B.), or if the payment of dues (in the case of this Paragraph E.), or the deduction thereof from the compensation of the writer, is writer has ceased or shall become contrary to law, or any statute, or is declared by any court of competent jurisdiction in the State of California or by any Federal Court or the National Labor Relations Board or its General Counsel, or by any other board or individual having jurisdiction over the matter, cease to be in violation of a member for any applicable law or statute and if, by reason thereof, the Company fails other than his/her failure to deduct and pay to the Guild such initiation fees or dues, as the case may be, as aforesaid, and shall notify the Guild thereof in writing within the fifteen (15) days after any notice from the Guild above-mentioned, then although such initiation fees or dues, as the case may be, are not paid within the fifteen (15) day periodwriter shall, for the purposes of this Basic Agreement, such writer shall nevertheless be deemed to remain a member of the Guild in good standing throughout the term of the writer's assignmentemployment under said contract of employment as the same may be extended or renewed pursuant to any provisions or options therein contained. F. The 2. If he/she has ceased or shall cease to be a member in good standing by reason of his/her failure to pay dues, and if the Guild will facilitate employment of its members by gives the Company and will at all reasonable times promptly furnish to written notice of that fact within three (3) business days after such writer is first named on the Company weekly list provided for in writing information concerning the status of any of its members, and the Company shall be entitled to rely upon such information so furnished by the Guild. G. The Guild represents and warrants that discipline, resignation, admission, reinstatement, readmission and all other matters relating to membership status will at all times during the term hereof be within the exclusive jurisdiction of the GuildArticle 3.A.1. The Guild agrees that it will exercise such jurisdiction subject to and in accordance with the provisions and intent of this Article 6 and of any other applicable provisions Basic Agreement (in the case in which he/she has ceased to be a member in good standing prior to such employment), such writer shall, for the purposes of this Basic Agreement. H. It is understood , be deemed to remain a member in good standing for a period of fifteen (15) days after written notice from the Guild to such writer and to the Company that he/she has ceased to be a member in good standing for failure to pay dues. If, prior to the provisions expiration of this Article 6 said fifteen (15) day period, payment of said dues in fact due and owing and specified in said notice shall never under any circumstances be so construed during made by the term writer or the Company, then, for the purposes of this Basic Agreement as to constitute or permit what is known Agreement, such writer shall not lose his/her status as a "closed shop" or construed member in any manner good standing. To the extent that will at any time deprive it may be lawful for the Company to do so, the Company may require, as a condition of its right to employ or continue the employment of a employment, that any writer who is not become and/or remain a member of the Guild in good standing, and may also require such written consent or who does not become a member of consents as may be necessary so that, if the Company elects, it may pay to the Guild inany dues of any writer and the Company shall have the right, insofar as its obligations to the Guild and to any writer under the terms and provisions of this Basic Agreement are concerned, if it elects, to deduct the amount of such dues from any compensation then or thereafter due or to become due to the writer. If, prior to the expiration of said fifteen (15) day period, payment of said dues in fact due and owing as specified in said notice shall not be made, the Company shall terminate the employment of such writer.