Common use of RECOGNITION AND APPLICATION OF APPENDIX Clause in Contracts

RECOGNITION AND APPLICATION OF APPENDIX. (a) The Employer agrees to and does hereby recognize Local 161 as the sole and exclusive bargaining representative for all Script and Continuity Supervisors engaged in the making commercials, now and hereafter employed by the Employer within the Northeast Corridor. (b) As used in this Appendix, the term “motion pictures” means and includes motion pictures whether made on film or tape, or otherwise, of any gauge, size or type regardless of whether same are recorded by means of conventional photographic cameras, electronic cameras, or any other devices now employed or hereafter devised. (c) Notwithstanding the fact that Local 161 is hereby recognized as the sole and exclusive bargaining representative of the classifications of employees hereinbefore designated, engaged in the making of commercial productions, the rates of pay hours and working conditions hereinafter specified in this Appendix shall be applicable only in the production of television commercials, educational, industrials, documentaries, institutional and other non- theatrical motion pictures. Should the Employer, at any time during the term of this agreement, engage in the production of theatrical, television series or television dramatic shows, the rates of pay, hours and working conditions to apply thereto shall be those contained in the standard form of contract in effect between Local 161 and the Employers of such films, and the Employer agrees to execute at such time a copy of such standard form of contract covering such work. (d) All Script and Continuity Supervisors in the employ of the Employer on the date hereof, and all those hereafter hired shall, as a condition of continued employment, be or become members of Local 161 not later than the 31st day following the beginning of their employment, or the date of this agreement, whichever is later, and all such Script and Continuity Supervisors upon being or becoming members of Local 161 as aforesaid shall be required, as a condition of continued employment, to maintain such membership in good standing during the life hereof. (e) If a Script and Continuity Supervisor who is required to join Local 161 or remain a member in good standing of Local 161 as aforesaid, fails to do so, the Employer shall, within a reasonable time, but not to exceed three (3) days (excluding Saturdays, Sundays and Holidays) after receipt from Local 161 of written notice to such effect, discharge such Script and Continuity Supervisor. The Employer shall not be in default unless it fails to act within said time after receipt of such notice. The foregoing provisions of this sub-paragraph (e) shall not, however, require the Employer, during the continuance of Section 8 (a) (3) of the Labor Management Relations Act of 1947, to take or refrain from taking any action not justified thereunder. (f) In hiring persons to perform services covered by this Appendix, preference shall be given by the Employer to persons who have acquired the necessary skills through prior experience as Script and Continuity Supervisors of the Employer, or in the employ of other employers engaged in making pictures of comparable standards of quality. The preference of employment of all persons having such prior experience shall be equal, and the Employer shall have complete freedom of selection among all persons. If, after reasonable effort to comply with the foregoing provisions, and, in any event, after the lapse of ten (10) days following the notice provided for in sub-paragraph (h) the position shall not have been filled by a competent person having such prior experience, the Employer may fill such position without reference to the foregoing provisions of this sub-paragraph. (g) It is agreed that membership in Local 161 shall not be a condition of hiring, that the Employer shall administer its hiring practices without discrimination by reason of membership or non membership in Local 161, and that the ultimate right to accept or reject an employee is retained by the Employer. (h) Before filling any vacancy for any steady positions covered by this agreement, the Employer shall give to Local 161 at least seven days' notice (excluding Saturdays, Sundays and Holidays) of the existence of such vacancy. (i) In case of repeal or amendment of the Labor-Management Relations Act of 1947, or in case of new legislation rendering permissible any union security to Local 161 greater than that specified in the foregoing sub- paragraphs hereof, then the greater security provisions shall automatically be substituted. In such event, and if permissible under law, Local 161 agrees to supply adequate, competent and qualified Script and Continuity Supervisors for the job requirements of the Employer, and if Local 161 fails to do so, the Employer may secure such Script Continuity Supervisors from any source. (j) Nothing herein shall be interpreted as requiring either party to take any action or refrain from taking any action in violation or contravention of any applicable Federal or State law. (k) Neither the Union nor the Employer shall discriminate against any employee or applicant for employment in any respect by reason of race, color, creed, national origin, sex or age.

RECOGNITION AND APPLICATION OF APPENDIX. (a) The Employer agrees to and does hereby recognize Local 161 as the sole and exclusive bargaining representative for all Script and Continuity Supervisors engaged in the making commercials, now and hereafter employed by the Employer within the Northeast Corridor. (b) As used in this Appendix, the term “motion pictures” means and includes motion pictures whether made on film or tape, or otherwise, of any gauge, size or type regardless of whether same are recorded by means of conventional photographic cameras, electronic cameras, or any other devices now employed or hereafter devised. (c) Notwithstanding the fact that Local 161 is hereby recognized as the sole and exclusive bargaining representative of the classifications of employees hereinbefore designated, engaged in the making of commercial productions, the rates of pay hours and working conditions hereinafter specified in this Appendix shall be applicable only in the production of television commercials, educational, industrials, documentaries, institutional and other non- non-theatrical motion pictures. Should the Employer, at any time during the term of this agreement, engage in the production of theatrical, television series or television dramatic shows, the rates of pay, hours and working conditions to apply thereto shall be those contained in the standard form of contract in effect between Local 161 and the Employers of such films, and the Employer agrees to execute at such time a copy of such standard form of contract covering such work. (d) All Script and Continuity Supervisors in the employ of the Employer on the date hereof, and all those hereafter hired shall, as a condition of continued employment, be or become members of Local 161 not later than the 31st day following the beginning of their employment, or the date of this agreement, whichever is later, and all such Script and Continuity Supervisors upon being or becoming members of Local 161 as aforesaid shall be required, as a condition of continued employment, to maintain such membership in good standing during the life hereof. (e) If a Script and Continuity Supervisor who is required to join Local 161 or remain a member in good standing of Local 161 as aforesaid, fails to do so, the Employer shall, within a reasonable time, but not to exceed three (3) days (excluding Saturdays, Sundays and Holidays) after receipt from Local 161 of written notice to such effect, discharge such Script and Continuity Supervisor. The Employer shall not be in default unless it fails to act within said time after receipt of such notice. The foregoing provisions of this sub-paragraph (e) shall not, however, require the Employer, during the continuance of Section 8 (a) (3) of the Labor Management Relations Act of 1947, to take or refrain from taking any action not justified thereunderthere under. (f) In hiring persons to perform services covered by this Appendix, preference shall be given by the Employer to persons who have acquired the necessary skills through prior experience as Script and Continuity Supervisors of the Employer, or in the employ of other employers engaged in making pictures of comparable standards of quality. The preference of employment of all persons having such prior experience shall be equal, and the Employer shall have complete freedom of selection among all persons. If, after reasonable effort to comply with the foregoing provisions, and, in any event, after the lapse of ten (10) days following the notice provided for in sub-paragraph (h) the position shall not have been filled by a competent person having such prior experience, the Employer may fill such position without reference to the foregoing provisions of this sub-paragraph. (g) It is agreed that membership in Local 161 shall not be a condition of hiring, that the Employer shall administer its hiring practices without discrimination by reason of membership or non non-membership in Local 161, and that the ultimate right to accept or reject an employee is retained by the Employer. (h) Before filling any vacancy for any steady positions covered by this agreement, the Employer shall give to Local 161 at least seven days' notice (excluding Saturdays, Sundays and Holidays) of the existence of such vacancy. (i) In case of repeal or amendment of the Labor-Management Relations Act of 1947, or in case of new legislation rendering permissible any union security to Local 161 greater than that specified in the foregoing sub- paragraphs hereof, then the greater security provisions shall automatically be substituted. In such event, and if permissible under law, Local 161 agrees to supply adequate, competent and qualified Script and Continuity Supervisors for the job requirements of the Employer, and if Local 161 fails to do so, the Employer may secure such Script Continuity Supervisors from any source. (j) Nothing herein shall be interpreted as requiring either party to take any action or refrain from taking any action in violation or contravention of any applicable Federal or State law. (k) Neither the Union nor the Employer shall discriminate against any employee or applicant for employment in any respect by reason of race, color, creed, national origin, sex or age.

RECOGNITION AND APPLICATION OF APPENDIX. (a) The Employer agrees to and does hereby recognize Local 161 as the sole and exclusive bargaining representative for all Script and Continuity Supervisors engaged in the making commercials, now and hereafter employed by the Employer within the Northeast Corridor. (b) As used in this Appendix, the term “motion pictures” means and includes motion pictures whether made on film or tape, or otherwise, of any gauge, size or type regardless of whether same are recorded by means of conventional photographic cameras, electronic cameras, or any other devices now employed or hereafter devised. (c) Notwithstanding the fact that Local 161 is hereby recognized as the sole and exclusive bargaining representative of the classifications of employees hereinbefore designated, engaged in the making of commercial productions, the rates of pay hours and working conditions hereinafter specified in this Appendix shall be applicable only in the production of television commercials, educational, industrials, documentaries, institutional and other non- non-theatrical motion pictures. Should the Employer, at any time during the term of this agreement, engage in the production of theatrical, television series or television dramatic shows, the rates of pay, hours and working conditions to apply thereto shall be those contained in the standard form of contract in effect between Local 161 and the Employers of such films, and the Employer agrees to execute at such time a copy of such standard form of contract covering such work. (d) All Script and Continuity Supervisors in the employ of the Employer on the date hereof, and all those hereafter hired shall, as a condition of continued employment, be or become members of Local 161 not later than the 31st day following the beginning of their employment, or the date of this agreement, whichever is later, and all such Script and Continuity Supervisors upon being or becoming members of Local 161 as aforesaid shall be required, as a condition of continued employment, to maintain such membership in good standing during the life hereof. (e) If a Script and Continuity Supervisor who is required to join Local 161 or remain a member in good standing of Local 161 as aforesaid, fails to do so, the Employer shall, within a reasonable time, but not to exceed three (3) days (excluding Saturdays, Sundays and Holidays) after receipt from Local 161 of written notice to such effect, discharge such Script and Continuity Supervisor. The Employer shall not be in default unless it fails to act within said time after receipt of such notice. The foregoing provisions of this sub-paragraph (e) shall not, however, require the Employer, during the continuance of Section 8 (a) (3) of the Labor Management Relations Act of 1947, to take or refrain from taking any action not justified thereunder. (f) In hiring persons to perform services covered by this Appendix, preference shall be given by the Employer to persons who have acquired the necessary skills through prior experience as Script and Continuity Supervisors of the Employer, or in the employ of other employers engaged in making pictures of comparable standards of quality. The preference of employment of all persons having such prior experience shall be equal, and the Employer shall have complete freedom of selection among all persons. If, after reasonable effort to comply with the foregoing provisions, and, in any event, after the lapse of ten (10) days following the notice provided for in sub-paragraph (h) the position shall not have been filled by a competent person having such prior experience, the Employer may fill such position without reference to the foregoing provisions of this sub-paragraph. (g) It is agreed that membership in Local 161 shall not be a condition of hiring, that the Employer shall administer its hiring practices without discrimination by reason of membership or non membership in Local 161, and that the ultimate right to accept or reject an employee is retained by the Employer. (h) Before filling any vacancy for any steady positions covered by this agreement, the Employer shall give to Local 161 at least seven days' notice (excluding Saturdays, Sundays and Holidays) of the existence of such vacancy. (i) In case of repeal or amendment of the Labor-Management Relations Act of 1947, or in case of new legislation rendering permissible any union security to Local 161 greater than that specified in the foregoing sub- paragraphs hereof, then the greater security provisions shall automatically be substituted. In such event, and if permissible under law, Local 161 agrees to supply adequate, competent and qualified Script and Continuity Supervisors for the job requirements of the Employer, and if Local 161 fails to do so, the Employer may secure such Script Continuity Supervisors from any source. (j) Nothing herein shall be interpreted as requiring either party to take any action or refrain from taking any action in violation or contravention of any applicable Federal or State law. (k) Neither the Union nor the Employer shall discriminate against any employee or applicant for employment in any respect by reason of race, color, creed, national origin, sex or age.

RECOGNITION AND APPLICATION OF APPENDIX. (a) The Employer agrees to and does hereby recognize Local 161 as the sole and exclusive bargaining representative for all Script and Continuity Supervisors engaged in the making commercials, now and hereafter employed by the Employer within the Northeast Corridor. (b) As used in this Appendix, the term “motion pictures” means and includes motion pictures whether made on film or tape, or otherwise, of any gauge, size or type regardless of whether same are recorded by means of conventional photographic cameras, electronic cameras, or any other devices now employed or hereafter devised. (c) Notwithstanding the fact that Local 161 is hereby recognized as the sole and exclusive bargaining representative of the classifications of employees hereinbefore designated, engaged in the making of commercial productions, the rates of pay hours and working conditions hereinafter specified in this Appendix shall be applicable only in the production of television commercials, educational, industrials, documentaries, institutional and other non- non-theatrical motion pictures. Should the Employer, at any time during the term of this agreement, engage in the production of theatrical, television series or television dramatic shows, the rates of pay, hours and working conditions to apply thereto shall be those contained in the standard form of contract in effect between Local 161 and the Employers of such films, and the Employer agrees to execute at such time a copy of such standard form of contract covering such work. (d) All Script and Continuity Supervisors in the employ of the Employer on the date hereof, and all those hereafter hired shall, as a condition of continued employment, be or become members of Local 161 not later than the 31st day following the beginning of their employment, or the date of this agreement, whichever is later, and all such Script and Continuity Supervisors upon being or becoming members of Local 161 as aforesaid shall be required, as a condition of continued employment, to maintain such membership in good standing during the life hereof. (e) If a Script and Continuity Supervisor who is required to join Local 161 or remain a member in good standing of Local 161 as aforesaid, fails to do so, the Employer shall, within a reasonable time, but not to exceed three (3) days (excluding Saturdays, Sundays and Holidays) after receipt from Local 161 of written notice to such effect, discharge such Script and Continuity Supervisor. The Employer shall not be in default unless it fails to act within said time after receipt of such notice. The foregoing provisions of this sub-paragraph (e) shall not, however, require the Employer, during the continuance of Section 8 (a) (3) of the Labor Management Relations Act of 1947, to take or refrain from taking any action not justified thereunderthere under. (f) In hiring persons to perform services covered by this Appendix, preference shall be given by the Employer to persons who have acquired the necessary skills through prior experience as Script and Continuity Supervisors of the Employer, or in the employ of other employers engaged in making pictures of comparable standards of quality. The preference of employment of all persons having such prior experience shall be equal, and the Employer shall have complete freedom of selection among all persons. If, after reasonable effort to comply with the foregoing provisions, and, in any event, after the lapse of ten (10) days following the notice provided for in sub-paragraph (h) the position shall not have been filled by a competent person having such prior experience, the Employer may fill such position without reference to the foregoing provisions of this sub-paragraph. (g) It is agreed that membership in Local 161 shall not be a condition of hiring, that the Employer shall administer its hiring practices without discrimination by reason of membership or non membership in Local 161, and that the ultimate right to accept or reject an employee is retained by the Employer. (h) Before filling any vacancy for any steady positions covered by this agreement, the Employer shall give to Local 161 at least seven days' notice (excluding Saturdays, Sundays and Holidays) of the existence of such vacancy. (i) In case of repeal or amendment of the Labor-Management Relations Act of 1947, or in case of new legislation rendering permissible any union security to Local 161 greater than that specified in the foregoing sub- paragraphs hereof, then the greater security provisions shall automatically be substituted. In such event, and if permissible under law, Local 161 agrees to supply adequate, competent and qualified Script and Continuity Supervisors for the job requirements of the Employer, and if Local 161 fails to do so, the Employer may secure such Script Continuity Supervisors from any source. (j) Nothing herein shall be interpreted as requiring either party to take any action or refrain from taking any action in violation or contravention of any applicable Federal or State law. (k) Neither the Union nor the Employer shall discriminate against any employee or applicant for employment in any respect by reason of race, color, creed, national origin, sex or age.