Common use of Hiring, Layoff and Rehire Clause in Contracts

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience Roster; in the event there are insufficient available qualified persons in such classifications to meet the employment needs of Producer, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classification; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in the appropriate Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off all employees not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster. Unless otherwise provided in this Agreement, each qualified person listed in any one of the classifications of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in the classifications of the single seniority group as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within in the job classifications covered by this Agreement hereunder as follows: Such : (1) In the job classifications hereunder, except the classification of Chief Lighting Technician, such preference of employment in hiring and rehiring shall be first given in the said job classifications to qualified persons as follows: First, to such qualified persons in the Studio Roster group; in the event that there are insufficient available qualified persons in the Studio Roster group to meet the employment needs of the Producer in such job classifications, the next preference shall be given to persons listed on the Industry Experience Roster in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience Rosterclassifications; in the event there are insufficient available qualified persons listed on the Industry Experience Roster in such classifications to meet the employment needs of Producerclassifications, the Producer may secure employees from any source. Journeymen Consistent with the foregoing provisions of this Paragraph 68(c)(1), the Producer shall give first consideration for re-employment to any individual who, as a result of working lengthy hours overlapping into the next day, is not recalled to work on that day because the appropriate rest period has not been given. Except as otherwise herein specifically provided, each qualified person listed in the Studio Roster Group or on the Industry Experience Roster shall have first equal preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked of employment with all other qualified persons in the employee's workweekstudio group or Industry Roster, unless special skills respectively, and the Producer shall have complete freedom of selection within the person assigned are required. Studio Roster Group or Industry Experience Roster for employment purposes under this Agreement. (2) With respect to such hiring and rehiring, the Producer may shall notify the Local Union of its need to fill calls for "extra" employees in such classifications, classifications and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified available, qualified, eligible persons, persons from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's ’s employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. 6:00 p.m. It is understood that the above provisions with respect to the Producer's ’s utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available available, qualified persons from the appropriate Roster classificationclassification within the single seniority group of the Industry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available available, qualified persons in the appropriate classifications contained within the single seniority group of the Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto terms and conditions of this Paragraph shall post all not in any manner affect any of the other provisions of this Paragraph 68 68. The parties hereto shall post, in places where notices to employees and applicants for employment are customarily posted. , all of the provisions of this Paragraph 68. (3) In the event of layoffs in the job classifications hereunder, Producer will lay off in the inverse order of seniority; i.e., first, all employees in such job classifications, the Producer will first lay off all employees classifications not listed in any classification of on the single seniority groupIndustry Experience Roster; then then, employees who are on the Industry Experience Roster; and, lastly, employees who are in the Studio Roster Group. Unless otherwise provided in this AgreementThe above layoff provisions, each qualified person listed in any one with respect to Weekly Schedule employees, shall be effective as of the classifications completion of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiringemployees’ current assignment. Schedule A (Daily) Daily employees on distant location may be retained out of Studio Roster status or Industry Experience status Roster status, as the case may be, until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. . (4) In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1i) call, retain or recall out of Studio Seniority status, or Industry Experience status status, as the case may be, an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; , or (2ii) call or recall, and thereafter retain, out of Studio Seniority status or Industry Experience status status, as the case may be, an employee because there are insufficient qualified available persons in the Studio Seniority Group or the classifications of contained in the single seniority group of the Industry Experience Roster, respectively, as the case may be, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Studio Seniority status or Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-fourfour (24) hours after receipt of such notice, Saturdays, Sundays and recognized holidays excepted, the protest shall be deemed to be waived. If the Union shall protest, the Union Representative shall promptly discuss with the Director of Industrial Relations of Producer the application of such exception and settle the dispute if at all possible. In the event of a failure to settle the dispute in the discussion, as provided above, the matter shall be subject only to the expedited arbitration procedure provided for in Article 7 and shall be heard within three (3) working days from the time of notification by the Union to CSATF of the failure to settle such dispute. Such procedure shall be limited as herein provided. Failure or refusal of such representative of either party to meet at the appointed time shall constitute an automatic and final withdrawal or approval of the protest, as the case may be. If, in such expedited arbitration procedure, it is determined there was no need to call, retain or recall an employee out of Studio or out of Industry Experience status, as the case may be, the arbitrator may require Producer to forthwith employ a person in Studio Seniority or Industry Experience Roster status, whichever the case may be. If the matter is so determined, the individual may immediately be awarded back pay, if any, but in no event more than three (3) days back pay. No other penalty may be imposed on the Producer. The decision in such expedited arbitration shall be final and binding and the expedited arbitrator’s authority to decide shall be limited to the issue and remedy herein provided. The above procedure shall be the exclusive remedy for any dispute arising under this Paragraph and such dispute shall not be subject to the provisions of Article 7 of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterStudio Group A; in the event there are insufficient available qualified persons in such classifications Studio Group A to meet the employment needs of ProducerProducer in said classifications, the next preference shall be given to such qualified persons in Industry Group 1; in the event there are insufficient available qualified persons in Industry Group 1 to meet the employment needs of Producer in said classifications, Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 8:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of groups with no bumping; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in such classifications who are listed on the Industry Experience Roster; then, last, like employees in Studio Group A shall be laid off. Unless otherwise provided in this AgreementThe above layoff provisions, each qualified person listed in any one with respect to Weekly Schedule employees, shall be effective as of the classifications completion of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studioemployees' current assignment. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. Unless otherwise provided in this Agreement, each qualified person listed on the Studio or Industry Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons on the Studio or Industry Roster, respectively, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Studio Seniority or Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Studio Seniority or Industry Experience status an employee because there are insufficient qualified available persons in the classifications of the single seniority group Studio Seniority Group or Industry Experience Group, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Studio Seniority or Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-fourfour (24) hours after receipt of such notice, Saturdays, Sundays and recognized holidays excepted, the protest shall be deemed to be waived. If the Union shall protest, the Union Representative shall promptly discuss with the Director of Industrial Relations of Producer the application of such exception and settle the dispute if at all possible. In the event of a failure to settle the dispute in the discussion, as provided above, the matter shall be subject only to the expedited arbitration procedure provided for in Article 7, and shall be heard within three (3) working days from the time of notification by the Union to CSATF of the failure to settle such dispute. Such procedure shall be limited as herein provided. Failure or refusal of such representative of either party to meet at the appointed time shall constitute an automatic and final withdrawal or approval of the protest, as the case may be. If, in such expedited arbitration procedure, it is determined there was no need so to call, retain or recall an employee out of Studio Seniority or Industry Experience status, the arbitrator may require Producer to forthwith employ a person in Studio Seniority or Industry Experience Roster status, whichever the case may be. If the matter is so determined, the individual may be immediately awarded back pay, if any, but in no event more than three (3) days back pay. No other penalty may be imposed on the Producer. The decision in such expedited arbitration shall be final and binding and the expedited arbitrator's authority to decide shall be limited to the issue and remedy herein provided. The above procedure shall be the exclusive remedy for any dispute arising under this Paragraph and such dispute shall not be subject to the provisions of Article 7 of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within in the job classifications covered by this Agreement to qualified available persons as follows: Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, classifications and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's ’s employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 6:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's ’s utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The addition of the terms and conditions of this Paragraph shall not in any manner affect any of the other provisions of this Paragraph 68. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily postedposted all of the provisions of this Paragraph 68. In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of groups; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in such classifications who are in Industry Group 1 shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees’ current assignment. Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may may: (1i) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2ii) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall recall, out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Agreement. Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The If Producer shall promptly notify requests a named individual from the Local Union and that individual has worked less than one (1) qualified year, as defined in Paragraph 74(f) below, for that particular Producer and at the time of all hires the call is employed elsewhere in the industry, the Local Union shall notify the Producer of such individual's unavailability and rehiresshall not be required to notify the individual of such work call. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 8:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of seniority; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in such classifications who are in Industry Group 1 shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees' current assignment. Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) Daily employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within in the job classifications covered by this Agreement to qualified available persons as follows: : (1) Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. . (3) With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, classifications and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's ’s employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 6:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's ’s utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all addition of the terms and conditions of this Paragraph shall not in any manner affect any of the other provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off all employees not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster. Unless otherwise provided in this Agreement, each qualified person listed in any one of the classifications of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in the classifications of the single seniority group as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four68.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Agreement. Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classification; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in the appropriate Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of seniority; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in Industry Group 1 shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees’ current assignment. Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) Daily employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Agreement. (1) Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked However, in the employee's workweek, unless special skills hiring of the person assigned are required. With respect to such hiring and rehiringVisual Consultants, the Producer may notify the Local Union of its need shall not be restricted to fill calls for "extra" employees in such classifications, and may also specifically request particular named choosing from those persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to who obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above providedstatus hereunder. The Producer hiring of Assistant Art Directors shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect subject to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classification; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in the appropriate Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the foregoing provisions of this Paragraph 68 in places where notices paragraph, as modified by the sideletter dated as of August 1, 1990, revised as of July 1, 1999, and revised as of August 1, 2006, relating to employees and applicants for employment are customarily posted. the hiring of off-roster Assistant Art Directors. (2) In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of seniority; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in Industry Group 1 shall be laid off. Unless otherwise provided in this AgreementThe above layoff provisions, each qualified person listed in any one with respect to Weekly Schedule employees, shall be effective as of the classifications completion of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studioemployees' current assignment. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. . (3) Unless otherwise provided in this Agreement, each qualified person on the Industry Experience Roster shall have preference of employment as above provided, equal to the preference of employment of all other qualified persons on the Industry Experience Roster, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. (4) In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1i) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2ii) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: : (1) Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience Roster; in the event there are insufficient available qualified persons in such classifications to meet the employment needs of Producer, the Producer may secure employees from any source. . (2) Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. . (3) With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. . (4) Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classification; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in the appropriate Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. . (5) The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. . (6) In the event of layoffs in such job classifications, the Producer will first lay off all employees not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster. . (7) Unless otherwise provided in this Agreement, each qualified person listed in any one of the classifications of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. . (8) Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. . (9) In administering hiring, layoff xxxxxx and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in the classifications of the single seniority group as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within in the job classifications covered by this Agreement to qualified available persons as follows: Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, classifications and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's ’s employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 6:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's ’s utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The addition of the terms and conditions of this Paragraph shall not in any manner affect any of the other provisions of this Paragraph 68. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily postedposted all of the provisions of this Paragraph 68. In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of groups; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in such classifications who are in Industry Group 1 shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees’ current assignment. Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may may: (1i) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2ii) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall recall, out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-fourfour (24) hours after receipt of such notice, Saturdays, Sundays and recognized holidays excepted, the protest shall be deemed to be waived. If the Union shall protest, the Union Representative shall promptly discuss with the Director of Industrial Relations of Producer the application of such exception and settle the dispute if at all possible. In the event of a failure to settle the dispute in the discussion, as provided above, the matter shall be subject only to the expedited arbitration procedure provided for in Article 7, and shall be heard within three (3) working days from the time of notification by the Union to CSATF of the failure to settle such dispute. Such procedure shall be limited as herein provided. Failure or refusal of such representative of either party to meet at the appointed time shall constitute an automatic and final withdrawal or approval of the protest, as the case may be. If, in such expedited arbitration procedure, it is determined there was no need so to call, retain or recall an employee out of Industry Experience status, the arbitrator may require Producer to forthwith employ a person in Industry Experience Roster status. If the matter is so determined, the individual may be immediately awarded back pay, if any, but in no event more than three (3) days. No other penalty may be imposed on the Producer. The decision in such expedited arbitration shall be final and binding and the expedited arbitrator’s authority to decide shall be limited to the issue and remedy herein provided. The above procedure shall be the exclusive remedy for any dispute arising under this Paragraph and such dispute shall not be subject to the provisions of Article 7 of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Agreement. (1) Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience RosterGroup 1; in the event there are insufficient available qualified persons in such classifications Industry Group 1 to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. . (2) With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, as the case may be, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The If Producer shall promptly notify requests a named individual from the Local Union and that individual has worked less than one (1) qualified year, as defined in Paragraph 74(f) below, for that particular Producer and at the time of all hires the call is employed elsewhere in the industry, the Local Union shall notify the Producer of such individual's unavailability and rehiresshall not be required to notify the individual of such work call. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 8:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classificationIndustry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in on the appropriate Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. . (3) The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. . (4) In the event of layoffs in such job classifications, the Producer will first lay off in the inverse order of seniority; i.e., first, all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; then, employees in such classifications who are in Industry Group 1 shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees' current assignment. (5) Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. . (6) Schedule A (Daily) Daily employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. . (7) In administering hiring, layoff xxxxxx and rehiring, the Producer, upon giving advance notice to the Local Union, may (1i) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2ii) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within the job classifications covered by this Agreement as follows: Such preference of employment in hiring and rehiring shall be given in the said job classifications to qualified persons as follows: First, to such qualified available persons in the Journeyman or Entry Level classifications of the single seniority group of whose names are listed on the Industry Experience Roster; in the event there are insufficient available qualified persons in such classifications listed on the Industry Experience Roster to meet the employment needs of ProducerProducer in said classifications, the Producer may secure employees from any source. Journeymen shall have first preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked in the employee's workweek, unless special skills of the person assigned are required. With respect to such hiring and rehiring, the Producer may notify the Local Union of its need to fill calls for "extra" employees in such classifications, and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified eligible persons, from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. It is understood that the above provisions with respect to the Producer's utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available qualified persons from the appropriate Roster classification; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available qualified persons in the appropriate Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto shall post all of the provisions of this Paragraph 68 in places where notices to employees and applicants for employment are customarily posted. In the event of layoffs in such job classifications, the Producer will first lay off all employees in such job classifications not listed in any classification of the single seniority group; then employees who are on the Industry Experience Roster; and, then, employees in such job classifications who are listed on the Industry Experience Roster. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees' current assignment. Unless otherwise provided in this Agreement, each qualified person listed in any one of on the classifications of the single seniority group Industry Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of listed on the single seniority group, Industry Experience Roster and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. Schedule A (Daily) employees on distant location may be retained out of Industry Experience status until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1) call, retain or recall out of Industry Experience status an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; or (2) call or recall, and thereafter retain, out of Industry Experience status an employee because there are insufficient qualified available persons in on the classifications of the single seniority group Industry Experience Roster, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

Hiring, Layoff and Rehire. The Producer shall give preference of employment to qualified available persons within in the job classifications covered by this Agreement hereunder as follows: Such : (1) In the job classifications hereunder, except the classification of Chief Lighting Technician, such preference of employment in hiring and rehiring shall be first given in the said job classifications to qualified persons as follows: First, to such qualified persons in the Studio Roster group; in the event that there are insufficient available qualified persons in the Studio Roster group to meet the employment needs of the Producer in such job classifications, the next preference shall be given to persons listed on the Industry Experience Roster in the Journeyman or Entry Level classifications of the single seniority group of the Industry Experience Rosterclassifications; in the event there are insufficient available qualified persons listed on the Industry Experience Roster in such classifications to meet the employment needs of Producerclassifications, the Producer may secure employees from any source. Journeymen Consistent with the foregoing provisions of this Paragraph 68(c)(1), the Producer shall give first consideration for re- employment to any individual who, as a result of working lengthy hours overlapping into the next day, is not recalled to work on that day because the appropriate rest period has not been given. Except as otherwise herein specifically provided, each qualified person listed in the Studio Roster Group or on the Industry Experience Roster shall have first equal preference for overtime work and for work on days that would otherwise constitute the sixth or seventh day worked of employment with all other qualified persons in the employee's workweekstudio group or Industry Roster, unless special skills respectively, and the Producer shall have complete freedom of selection within the person assigned are required. Studio Roster Group or Industry Experience Roster for employment purposes under this Agreement. (2) With respect to such hiring and rehiring, the Producer may shall notify the Local Union of its need to fill calls for "extra" employees in such classifications, classifications and may also specifically request particular named persons from the Industry Experience Roster. Upon such notice or request, the Local Union will undertake to obtain and dispatch to Producer such persons so specifically requested or, on the other hand, when persons are not so requested, any available qualified available, qualified, eligible persons, persons from the Industry Experience Roster in accordance with the above preference of employment provisions. Producer reserves the right to select those to be hired or rehired, as the case may be, from among such eligible persons who are so dispatched to Producer, as above provided. The Producer shall promptly notify the Local Union of all hires and rehires. Neither as to such undertaking or dispatching by the Union nor as to any other related portion of this Agreement will the Union discriminate either in favor of or against any person by reason of membership or non-membership in the Union. Producer shall not in any manner be liable hereunder for any alleged violation of this Paragraph 68 because of the Producer's ’s employment of any person through the dispatching facilities of the Union, as above provided. The Local Union agrees to keep its offices open and available to service the Producer from 9:00 8:00 a.m. to 5:00 p.m., Monday through Friday, inclusive. 6:00 p.m. It is understood that the above provisions with respect to the Producer's ’s utilization of the dispatching facilities of the Union apply only to the filling of such "extra" calls from available available, qualified persons from the appropriate Roster classificationclassification within the single seniority group of the Industry Experience Roster; that such provisions do not apply in the event Producer does not meet its employment needs in such classifications from among the available available, qualified persons in the appropriate classifications contained within the single seniority group of the Industry Experience Roster classifications and Producer is required to employ persons from other sources, in which event the recruiting of such new employees shall only be done by Producer directly. The parties hereto terms and conditions of this Paragraph shall post all not in any manner affect any of the other provisions of this Paragraph 68 68. (3) The parties hereto shall post, in places where notices to employees and applicants for employment are customarily posted. , all of the provisions of this Paragraph 68. (4) In the event of layoffs in the job classifications hereunder, Producer will lay off in the inverse order of seniority; i.e., first, all employees in such job classifications, the Producer will first lay off all employees classifications not listed in any classification of on the single seniority groupIndustry Experience Roster; then then, employees who are on the Industry Experience Roster; and, lastly, employees who are in the Studio Roster Group. Unless otherwise provided in this AgreementThe above layoff provisions, each qualified person listed in any one with respect to Weekly Schedule employees, shall be effective as of the classifications completion of the single seniority group shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons from such classification of the single seniority group, and the Producer shall have complete freedom of selection from among such persons for the purpose of hiring, layoff and rehiring. employees’ current assignment. (5) Schedule A (Daily) Daily employees on distant location may be retained out of Studio Roster status or Industry Experience status Roster status, as the case may be, until one day after the return of the employee to the studio. Notwithstanding anything in this Paragraph 68 to the contrary, an employee properly hired and assigned to an "on production" position may be retained without being bumped. . (6) In administering hiring, layoff and rehiring, the Producer, upon giving advance notice to the Local Union, may (1i) call, retain or recall out of Studio Seniority status, or Industry Experience status status, as the case may be, an employee because of his special studio experience, skill and qualifications for the duties and/or equipment necessary for operation; , or (2ii) call or recall, and thereafter retain, out of Studio Seniority status or Industry Experience status status, as the case may be, an employee because there are insufficient qualified available persons in the Studio Seniority Group or the classifications of contained in the single seniority group of the Industry Experience Roster, respectively, as the case may be, as above provided. In the event that it is not possible for the Producer to give such advance notice to the Local Union, Producer may so call, retain or recall out of Studio Seniority status or Industry Experience status, as above provided, but shall notify the Local Union as soon as possible thereafter. If no protest is presented to Producer by the Union Representative within twenty-fourfour (24) hours after receipt of such notice, Saturdays, Sundays and recognized holidays excepted, the protest shall be deemed to be waived. If the Union shall protest, the Union Representative shall promptly discuss with the Director of Industrial Relations of Producer the application of such exception and settle the dispute if at all possible. In the event of a failure to settle the dispute in the discussion, as provided above, the matter shall be subject only to the expedited arbitration procedure provided for in Article 7 and shall be heard within three (3) working days from the time of notification by the Union to CSATF of the failure to settle such dispute. Such procedure shall be limited as herein provided. Failure or refusal of such representative of either party to meet at the appointed time shall constitute an automatic and final withdrawal or approval of the protest, as the case may be. If, in such expedited arbitration procedure, it is determined there was no need to call, retain or recall an employee out of Studio or out of Industry Experience status, as the case may be, the arbitrator may require Producer to forthwith employ a person in Studio Seniority or Industry Experience Roster status, whichever the case may be. If the matter is so determined, the individual may immediately be awarded back pay, if any, but in no event more than three (3) days back pay. No other penalty may be imposed on the Producer. The decision in such expedited arbitration shall be final and binding and the expedited arbitrator’s authority to decide shall be limited to the issue and remedy herein provided. The above procedure shall be the exclusive remedy for any dispute arising under this Paragraph and such dispute shall not be subject to the provisions of Article 7 of this Agreement. (7) Notwithstanding the above, in recognition of the parties’ desire to take more immediate action to remove barriers and facilitate employment of individuals from under-served communities or under-represented groups with experience in the entertainment industry and related fields, the parties agree to the following: (i) Producers may hire non-rostered individuals from under-served communities or under-represented groups who have prior experience in a job classification that is related or substantially similar to the one for which the Producer is hiring (“Prior-Experienced Individuals”) to work in a rostered classification under this Agreement. The prior experience need not have been acquired with a Producer signatory to this Agreement or on a certain type of production. Producer may rely upon Xxxxxxx, Array Crew or other agreed-upon resources to determine an individual’s experience. Days worked by such an individual count towards placement on the Industry Experience Roster. When identifying persons who qualify as Prior-Experienced Individuals, Producers shall consider persons recommended by Local 728. (ii) Producer shall provide written notice to the Local Union before hiring a Prior-Experienced Individual. Prior-Experienced Individuals shall be required to take CSATF Safety, HP1, and A training at a minimum before commencing work. (iii) Provided that at least one rostered individual is hired in each department, the maximum number of Prior-Experienced Individuals hired on a production at any given time shall be limited to one (1) in each of the Grips department and the Crafts Service department. The Local Union may agree to increase the foregoing numbers consistent with the parties’ intention to increase access to employment opportunities in this industry. (iv) In addition, the parties have agreed to a working internship program for entry level rostered classifications in this Agreement (as set forth in Article XLVIII(c)(1) of the Producer-IATSE Basic Agreement). The Producer commits to offer employment to individuals who complete its working internship program to its satisfaction and who continue to perform to the satisfaction of the Producer to enable them to fulfill the workdays requirement for roster placement described in Paragraph 68(a) above. The Producer may fulfill its commitment by offering the individual employment in an open position in the same department in which he or she had been working, on the same or on another production or another assignment for the Producer or for an entity related to or affiliated with the Producer. The Producer’s commitment does not apply to an individual who fails to perform to the satisfaction of the Producer or who rejects an offer of employment from the Producer. To comply with this commitment, the Producer may assign an individual who gained working intern experience in a classification covered under this Agreement through the working internship program to work under the minimum rates, terms and conditions of this Agreement, notwithstanding the availability of eligible individuals from the Industry Experience Roster. The individual may be assigned in the same department in which he or she had been working or on another production or to another assignment. The individual will be assigned as a member of the regular crew or the department, but will not bump an established member of the regular crew or the department. In the event of a layoff of the regular crew for lack of work, the individual shall be laid off before a rostered member of the regular crew. (v) The parties agree that the training program described in Article XLVIII(c)(1) of the Producer-IATSE Basic Agreement is not the only training program permitted under this Agreement. The parties may mutually agree to additional training program(s) (including on a Producer-by-Producer basis), and to apply the provisions of subparagraph (iv) above to individuals who successfully complete the additional training program(s).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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