Common use of RECOGNITION AND GUILD SHOP Clause in Contracts

RECOGNITION AND GUILD SHOP. 1-100 RECOGNITION AND GUILD SHOP 1-101 RECOGNITION The Producer recognizes the Guild as the sole bargaining representative of all Directors, Unit Production Managers, First Assistant Directors, and Second Assistant Directors (hereinafter referred to as “Employees”) working in the production of television commercials now or hereinafter employed by the Producer. 1- 102 GUILD SHOP (A) The Producer shall employ in all positions covered by this Agreement and maintain in its employ in such positions members of the Guild or persons as shall make applications for membership in the Guild within thirty (30) days after the date of hiring, unless a shorter period is permitted by applicable law. Notwithstanding anything contained herein to the contrary any Director or any person performing the duties of a Director employed by the Producer during the term of this Agreement shall be a member of the Directors Guild of America or shall make application for membership within forty-eight (48) hours of employment by the Producer. Provided, however, that nothing in this Article shall be construed to require the Producer to cease employing or refrain from employing any such person if the Producer has reasonable grounds for believing that: i. Membership in the Guild was not available to him/her on the same terms and conditions generally applicable to other members or applicants; or ii. Membership in the Guild was denied or terminated for reasons other than his/her failure to tender the periodic dues and the initiation fees uniformly required by the Guild as a condition of acquiring or retaining membership. The term ‘member of the Guild’ means a person who offers to pay (and if the Guild accepts the offer, pays) union initiation fees and dues as financial obligations in accordance with the requirements of applicable law. (B) The parties agree that whenever a Producer engages any person not a member of the Guild, it shall be the duty of the Producer to notify the Guild in writing within forty-eight (48) hours of the Producer’s intention to engage such person. In the event that the Guild shall in writing inform the Producer that such person had previously been engaged for at least thirty (30) days (unless a shorter period is permitted by applicable law) as a Director, Unit Production Manager or Assistant Director, then the Producer thereupon shall agree that such person shall immediately become a member of the Guild. Such statement from the Guild shall be deemed final with respect to such person. (C) An individual written employment report (see attached Exhibit A, “Deal Reporting Memorandum”) must be filed by the Producer with the Guild within twenty-four (24) hours of the hiring on staff of any Unit Production Manager, First or Second Assistant Director. Such report shall contain the following information: name, address, social security number, date of hiring, gross wages and guaranteed period. Said report will be signed by a responsible executive of the Producer and by the bargaining unit member. In the alternative, the above report may be supplied by the Producer by telephone to the appropriate Guild office prior to the start of employment, to be confirmed in writing within twenty-four (24) hours, or in extreme cases, upon return to home base. In addition, for all commercial productions, a Commercial Project Listing Form (CPLF) shall be submitted to the Guild. See Article 1-303 (B) (viii) and Exhibit B, attached. (D) An inquiry by the Guild to any Producer as to the “date of first employment" of a Director shall be answered promptly by the Producer. (E) In hiring persons other than Directors to perform services covered by this Agreement, preference shall be given by signatory companies to persons who have acquired the necessary skills through prior experience as Unit Production Managers, and First and Second Assistant Directors of the Producer or of other employers engaged in making motion pictures. The preference of employment of all such qualified persons having such prior experience shall be equal, and the Producer shall have complete freedom of selection among all such persons. The procedure for hiring Unit Production Managers and Assistant Directors is set forth in Article 6-300. It is agreed that membership in the Guild shall not be a condition of hiring, that the Producer shall administer its hiring practices without discrimination by reason of membership or non-membership in the Guild, and that the ultimate right to accept or reject any Employee is retained by the Producer. (F) 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 the Guild greater than that specified in the foregoing Article 1- 102, then such greater union security provision shall automatically be deemed substituted in lieu hereof. In such event, and if permissible under law, the Guild agrees to supply adequate, competent and qualified Unit Production Managers and First and Second Assistant Directors for the job requirements of the Producer in the classifications covered by this Agreement. If the Guild fails to do so, the Producer may secure such Unit Production Managers, First and Second Assistant Directors from any source. (G) Nothing herein shall be interpreted as requiring either party to take any action or to refrain from taking any action in violation or contravention of any applicable federal or applicable state law.