GUILD SHOP. E. If, during any time that a writer is employed by the Company under a contract of employment, such writer is or becomes a member of the Guild in good standing and if such writer shall subsequently and before his/her employment under such contract terminates, cease to be a member of the Guild in good standing then: 1. If such writer has ceased or shall cease to be a member for any reason other than his/her failure to pay dues, such writer shall, for the purposes of this Basic Agreement, be deemed to remain a member of the Guild in good standing throughout the writer's employment under said contract of employment as the same may be extended or renewed pursuant to any provisions or options therein contained. 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 gives the Company written notice of that fact within three (3) business days after such writer is first named on the weekly list provided for in Article 3.A.1. of this 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, 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 expiration of said fifteen (15) day period, payment of said dues in fact due and owing and specified in said notice shall be made by the writer or the Company, then, for the purposes of this Basic Agreement, such writer shall not lose his/her status as a member in good standing. To the extent that it may be lawful for the Company to do so, the Company may require, as a condition of employment, that any writer become and/or remain a member of the Guild in good standing, and may also require such written consent or consents as may be necessary so that, if the Company elects, it may pay to the Guild any 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.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
GUILD SHOP. E. If, during any time that a writer is employed by the Company under a Every personal service contract of employment, such employment shall provide that if the writer is fails or becomes refuses to become or remain a member of the Guild in good standing 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 such writer 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 subsequently and before his/her employment under such contract terminatesbecome contrary to law, cease 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 a member in violation of any applicable law or statute and if, by reason thereof, the Company fails to deduct and pay to the Guild in good standing then:
1. If such writer has ceased initiation fees or shall cease to be a member for any reason other than his/her failure to pay 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 writer shallinitiation 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 employment under said contract of employment as the same may be extended or renewed pursuant to any provisions or options therein containedassignment.
2. If he/she has ceased or shall cease F. The Guild will facilitate employment of its members by the Company and will at all reasonable times promptly furnish to be a member the Company in good standing by reason writing information concerning the status of his/her failure to pay duesany of its members, and if the Guild gives the Company written notice 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 fact within three (3) business days after it will exercise such writer 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 first named on understood that the weekly list provided for in provisions of this Article 3.A.1. 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 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, 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 any manner that will at any time deprive the Company that he/she has ceased of its right to be employ or continue the employment of a member in good standing for failure to pay dues. If, prior to the expiration of said fifteen (15) day period, payment of said dues in fact due and owing and specified in said notice shall be made by the writer or the Company, then, for the purposes of this Basic Agreement, such writer shall who is not lose his/her status as a member in good standing. To the extent that it may be lawful for the Company to do so, the Company may require, as a condition of employment, that any writer become and/or remain a member of the Guild in good standing, and may also require such written consent or consents as may be necessary so that, if the Company elects, it may pay to who does not become a member of the Guild any 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.in
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement