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 persons in Studio Group A; in the event there are insufficient available qualified persons in Studio Group A to meet the employment needs of Producer 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. 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. 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 8:00 a.m. to 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 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 qualified persons on the Industry Experience Roster 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 lay off in the inverse order of groups with no bumping; i.e., first, all employees in such job classifications not listed 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. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as of the completion of such employees' 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 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-four (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: Agreement of August, Agreement of August

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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: 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 Studio Group Athe 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 Studio Group A such classifications to meet the employment needs of Producer in said classificationsProducer, 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 8:00 9:00 a.m. to 8:00 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 Industry Experience Rosterappropriate 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 on in the Industry Experience 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 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. 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 in such classifications who are listed on the distant location may be retained out of Industry Experience Roster; then, last, like employees in Studio Group A shall be laid off. The above layoff provisions, with respect to Weekly Schedule employees, shall be effective as status until one day after the return of the completion of such employees' current assignmentemployee 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. 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 Studio Seniority Group or Industry Experience Group, 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 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-four (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.four

Appears in 2 contracts

Samples: Agreement of August, Agreement of August

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 persons in Studio Group A; in the event there are insufficient available qualified persons in Studio Group A to meet the employment needs of Producer 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. 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. If Producer 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 the call is employed elsewhere in the industry, the Local Union shall notify the Producer of such individual's unavailability and shall 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 8:00 a.m. to 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 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 qualified persons on the Industry Experience Roster 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 lay off in the inverse order of groups with no bumpingseniority; i.e., first, all employees in such job classifications not listed on the Industry Experience Roster; then, employees in such classifications who are listed on the in Industry Experience Roster; then, last, like employees in Studio Group A 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 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. 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. 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 on the Studio Seniority Group or Industry Experience Group, 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 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-four (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.four

Appears in 2 contracts

Samples: Agreement of August, www.local44.org

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 persons in Studio Group A; in the event there are insufficient available qualified persons in Studio Group A to meet the employment needs of Producer 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. 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. 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 8:00 a.m. to 8:00 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 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 qualified persons on the Industry Experience Roster 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 lay off in the inverse order of groups with no bumpinggroups; i.e., first, all employees in such job classifications not listed on the Industry Experience Roster; then, employees in such classifications who are listed on the in Industry Experience Roster; then, last, like employees in Studio Group A 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. 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 Experience 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, 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 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 (2ii) call or recall, and thereafter retain, out of Studio Seniority or Industry Experience status an employee because there are insufficient qualified available persons in on the Studio Seniority Group or Industry Experience GroupRoster, 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 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-four (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.four

Appears in 2 contracts

Samples: Agreement, Agreement of August

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 persons in Studio Group A; in the event there are insufficient available qualified persons in Studio Group A to meet the employment needs of Producer 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. 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. 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 8:00 a.m. to 8:00 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 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 qualified persons on the Industry Experience Roster 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 lay off in the inverse order of groups with no bumpinggroups; i.e., first, all employees in such job classifications not listed on the Industry Experience Roster; then, employees in such classifications who are listed on the in Industry Experience Roster; then, last, like employees in Studio Group A 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. 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 Experience 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, 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 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 (2ii) call or recall, and thereafter retain, out of Studio Seniority or Industry Experience status an employee because there are insufficient qualified available persons in on the Studio Seniority Group or Industry Experience GroupRoster, 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 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-four (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 paydays. 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 ’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: Agreement of August

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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: 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 Studio Group Awhose names are listed on the Industry Experience Roster; in the event there are insufficient available qualified persons in Studio Group A to meet listed on the employment needs of Producer 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 Experience Roster to meet the employment needs of Producer in said classifications, Producer may secure employees from any source. 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. 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 8:00 a.m. to 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 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 qualified persons on the Industry Experience Roster 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 on the Industry Experience Roster; and, then, employees in such job classifications who are listed on the Industry Experience Roster; then, last, like employees in Studio Group A 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. 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 Experience Roster shall have preference of employment, as above provided, equal to the preference of employment of all other qualified persons listed on the Studio or Industry Roster, respectively, Experience Roster 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 on the Studio Seniority Group or Industry Experience GroupRoster, 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-four (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.four

Appears in 1 contract

Samples: Agreement of August

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 persons in Studio Group A; in the event there are insufficient available qualified persons in Studio Group A to meet the employment needs of Producer 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. 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. 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 8:00 a.m. to 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 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 qualified persons on the Industry Experience Roster 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 lay off in the inverse order of groups with no bumpingseniority; i.e., first, all employees in such job classifications not listed 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 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. 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 Experience 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, 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 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 on the Studio Seniority Group or Industry Experience Group, 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 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-four (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.four

Appears in 1 contract

Samples: Agreement of August

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