Common use of Material Violation Clause in Contracts

Material Violation. If the Local Union claims that a material violation of this Section III is occurring, with respect to the employees covered by this Agreement, then: (1) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF. (2) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision. (3) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this studio zone provision: (i) with respect to television films shall be suspended in respect to production of the television episode involved; and (ii) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the studio zone to the studio in order to avoid the application of this provision. (4) Alleged violations of this studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Material Violation. If the Local Union claims that a material violation of this Section III provision is occurring, occurring with respect to the employees covered by this Agreement, then: (1) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF. (2) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision. (3) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this studio zone provision: (i) with respect to television films films, shall be suspended in respect to production of the television episode involved; and (ii) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the studio zone to the studio in order to avoid the application of this provision. (4) Alleged violations of this studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Material Violation. If the Local Union claims that a material violation of this Section III provision is occurring, occurring with respect to the employees covered by this Agreement, then: (1a) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF. (2b) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision. (3c) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this thirty-mile studio zone provision: (i1) with respect to television films films, shall be suspended in respect to production of the television episode involved; and (ii2) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the studio zone to the studio in order to avoid the application of this provision. (4d) Alleged violations of this thirty-mile studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Material Violation. If the Local Union claims that a material violation of this Section III is occurring, occurring with respect to the employees covered by this Agreement, then: (1) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF. (2) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision. (3) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, IATSE and the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this studio zone provision: (i) with respect to television films shall be suspended in respect to production of the television episode involved; and (ii) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the studio zone to the studio in order to avoid the application of this provision. (4) Alleged violations of this studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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