Common use of Roster Arbitration Procedure Clause in Contracts

Roster Arbitration Procedure. Disputes regarding the placement of any person on the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on the Industry Experience Roster. CSATF’s notice shall contain the individual’s name, address, telephone number and social security number, provided CSATF possesses such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 5 contracts

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

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Roster Arbitration Procedure. Disputes regarding the placement of any person on the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on the Industry Experience Roster. CSATF’s Such notice shall contain the individualperson’s name, address, telephone number and social security Social Security number, provided CSATF possesses has such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and the Producers. (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 3 contracts

Samples: Supplemental Basic Agreement, Supplemental Basic Agreement, Supplemental Basic Agreement

Roster Arbitration Procedure. Disputes regarding the placement of any person on on, or the removal of any person from, the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster roster, or from the contention that the person should be removed from the roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on or remove a person from the Industry Experience Roster. CSATF’s 's notice shall contain the individual’s 's name, address, telephone number and social security number, provided CSATF possesses such information. In a case involving the removal of a person from the roster, CSATF shall also notify the involved person at his last known address. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days in the case of a placement, or within twenty (20) business days in the case of a removal, by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to provisions contained in subparagraphs (f)(1) and (f)(2) above. In a case involving the removal of a person from the roster, the person to be removed shall also have the right to challenge the removal. In the event of a protest, CSATF shall notify the Producer(s) involved involved, the Local Union and the person. The person will not be placed on or removed from the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) or twenty (20) business days, as the case may be, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. The IATSE and CSATF agree to submit to final and binding arbitration before the impartial arbitrator disputes involving the removal of any person from the Industry Experience Roster. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and the Producers, in a case involving the placement of any person on the roster or, in a case involving the removal of any person from the roster, by mutual agreement of the IATSE and CSATF. (4) In an arbitration conducted pursuant to this ArticleArticle involving the placement of any person on the roster, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. In an arbitration conducted pursuant to this Article involving the removal of any person from the roster, CSATF shall participate as a party, and the IATSE, or a West Coast Studio Local Union designated in writing by the IATSE, shall represent the IATSE. Any person whose intended roster removal is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. (5) The In a case involving the placement of any person on the roster, the impartial arbitrator shall hold a hearing within tenten (10) business days after receipt of a request from the IATSE or Producer(s). In a case involving the removal of any person from the Roster, the impartial arbitrator shall hold a hearing within ten (10) business days after receipt of a request from the IATSE or CSATF. Such hearing shall be held on an informal basis. The arbitrator shall have the authority to establish uniform and equitable procedures for the conduct of the hearing. (6) The award of the arbitrator shall be rendered in writing within ten (10) business days after the conclusion of the hearing unless the time is expressly extended by the Producer(s) and the IATSE, in a case involving the placement of any person on the roster, or by CSATF and the IATSE, in a case involving the removal of any person from the roster. The written award of the impartial arbitrator shall be final and binding upon the IATSE and its West Coast Studio Locals, CSATF, the Producer(s) and any person whose roster placement or removal is at issue. In the event that the award of the impartial arbitrator is to place the individual's name on the roster, the person's roster date shall be retroactive to the date that said person would have been placed on the roster but for said protest. (7) The fees of the impartial arbitrator and the costs of the arbitration, if any, shall be shared equally by the Producer(s) and by the IATSE in cases involving the placement of any person on the roster or, in cases involving the removal of any person from the roster, by CSATF and the IATSE. All other costs and fees shall be borne by the party incurring the same.

Appears in 3 contracts

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

Roster Arbitration Procedure. Disputes regarding the placement of any person on the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on the Industry Experience Roster. CSATF’s notice shall contain the individual’s name, address, telephone number and social security number, provided CSATF possesses such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1g)(1) and (f)(2g)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 3 contracts

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

Roster Arbitration Procedure. Disputes regarding the placement or removal of any person on from the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster roster under the applicable Agreement shall be resolved in the following manner: (1) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. (2) The IATSE and the Producers agree to submit to final and binding arbitration before the impartial arbitrator disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) CSATF shall notify the IATSE and the West Coast Studio Local Union Unions involved of its intention to place a person on the Industry Experience Roster. CSATF’s Such notice shall contain the individual’s name, person's address, telephone number, Social Security number (last four digits) and social security numberemail address, provided CSATF possesses has such information. The IATSE or the West Coast Studio Local Union may protest the intended action of CSATF within ten twenty (1020) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 3 contracts

Samples: Basic Agreement, Basic Agreement, Basic Agreement

Roster Arbitration Procedure. Disputes regarding the placement of any person on the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on the Industry Experience Roster. CSATF’s 's notice shall contain the individual’s 's name, address, telephone number and social security number, provided CSATF possesses such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and Producer(s). (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 3 contracts

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

Roster Arbitration Procedure. Disputes regarding the placement of any person on the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on the Industry Experience Roster. CSATF’s 's notice shall contain the individual’s 's name, address, telephone number and social security number, provided CSATF possesses such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1g)(1) and (f)(2g)(2) above. In the event of a protest, CSATF shall notify the Producer(s) involved and the person. The person will not be placed on the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and Producer(s). (4) In an arbitration conducted pursuant to this Article, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. (5) The impartial arbitrator shall hold a hearing within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Roster Arbitration Procedure. Disputes regarding the placement of any person on on, or the removal of any person from, the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster roster, or from the contention that the person should be removed from the roster, under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on or remove a person from the Industry Experience Roster. In the case of a placement, CSATF’s 's notice shall contain the individual’s 's name, address, telephone number and social security number, provided CSATF possesses such information. In a case involving the removal of a person from the roster, CSATF shall also notify the involved person at his last-known address. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days days, in the case of a placement, or within twenty (20) business days, in the case of a removal, by a written notice to CSATF. The IATSE and the affected Local Union shall have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) above. In a case involving the removal of a person from the roster, the person to be removed shall also have the right to challenge the removal. In the event of a protest, CSATF shall notify the Producer(s) involved involved, the Local Union and the person. The person will not be placed on or removed from the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) or twenty (20) business days, as the case may be, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. The IATSE and CSATF agree to submit to final and binding arbitration before the impartial arbitrator disputes involving the removal of any person from the Industry Experience Roster. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this ArticleArticle involving disputes regarding the placement of any person on the roster, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. The IATSE and CSATF select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article involving disputes regarding the removal of any person from the roster, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and the Producers, in a case involving the placement of any person on the roster or, in a case involving the removal of any person from the roster, by mutual agreement of the IATSE and CSATF. (4) In an arbitration conducted pursuant to this ArticleArticle involving the placement of any person on the Roster, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. In an arbitration conducted pursuant to this Article involving the removal of any person from the Roster, CSATF shall participate as a party, and the IATSE, or a West Coast Studio Local Union designated in writing by the IATSE, shall represent the IATSE. Any person whose intended roster removal is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. (5) The impartial arbitrator shall hold a hearing in a case involving the placement of any person on the Roster within tenten (10) business days after receipt of a request from the IATSE or Producer(s). The impartial arbitrator shall hold a hearing in a case involving the removal of any person from the Roster within ten (10) business days after receipt of a request from the IATSE and CSATF. Such hearing shall be held on an informal basis. The arbitrator shall have the authority to establish uniform and equitable procedures for the conduct of the hearing. (6) The award of the arbitrator shall be rendered in writing within ten (10) business days after the conclusion of the hearing unless the time is expressly extended by the Producer(s) and the IATSE, in a case involving the placement of any person on the roster, or by CSATF and the IATSE, in a case involving the removal of any person from the roster. The written award of the impartial arbitrator shall be final and binding upon the IATSE and its West Coast Studio Locals, CSATF, the Producer(s) and any person whose roster placement or removal is at issue. In the event that the award of the impartial arbitrator is to place the individual's name on the roster, the person's roster date shall be retroactive to the date that said person would have been placed on the roster but for said protest. (7) The fees of the impartial arbitrator and the costs of the arbitration, if any, shall be shared equally by the Producer(s) and by the IATSE in cases involving the placement of any person on the roster or, in cases involving the removal of any person from the roster, by CSATF and the IATSE. All other costs and fees shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Roster Arbitration Procedure. Disputes regarding the placement of any person on on, or the removal of any person from, the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster roster, or from the contention that the person should be removed from the roster, under the applicable this Agreement shall be resolved in the following manner: (1i) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on or remove a person from the Industry Experience Roster. CSATF’s notice In a case involving the removal of a person from the roster, CSATF shall contain also notify the individual’s name, involved person at his last-known address, telephone number and social security number, provided CSATF possesses such information. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days by a written notice to CSATF. The IATSE and In a case involving the affected Local removal of a person from the roster, the person to be removed shall also have the right to challenge any roster placement with respect to the qualifications required pursuant to subparagraphs (f)(1) and (f)(2) aboveremoval. In the event of a protest, CSATF shall notify the Producer(s) involved involved, the Union and the person. The person will not be placed on or removed from the roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) business days, the respective parties waive the right to protest. (2ii) The IATSE Union and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. The Union and CSATF agree to submit to final and binding arbitration before the impartial arbitrator disputes involving the removal of any person from the Industry Experience Roster. (3iii) The IATSE Union and Producers select Xxxxxxx Xxxxxxxx Xxxxxx Xxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, Article involving disputes regarding the placement of any person on the roster. The Union and Xxxx Xxxxxxxx CSATF select Xxxxxx Xxxxxx to act as the alternate impartial arbitrator in all cases submitted to arbitration under this Article involving disputes regarding the removal of any person from the roster. In the event that the impartial arbitrator is unavailable unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the Union and the Producers, in a case involving the placement of any person on the roster or, in a case involving the removal of any person from the roster, by mutual agreement of the Union and CSATF. (4iv) In an arbitration conducted pursuant to this ArticleArticle involving the placement of any person on the Roster, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSEUnion. In an arbitration conducted pursuant to this Paragraph involving the removal of any person from the Roster, CSATF and the Union shall participate as parties. Any person whose intended roster removal is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. (5v) The impartial arbitrator shall hold a hearing in a case involving the placement of any person on the Roster within tenten (10) business days after receipt of a request from the Union or Producer(s). The impartial arbitrator shall hold a hearing in a case involving the removal of any person from the Roster within ten (10) business days after receipt of a request from the Union and CSATF. Such hearing shall be held on an informal basis. The arbitrator shall have the authority to establish uniform and equitable procedures for the conduct of the hearing. (vi) The award of the arbitrator shall be rendered in writing within ten (10) business days after the conclusion of the hearing unless the time is expressly extended by the Producer(s) and the Union, in a case involving the placement of any person on the roster, or by CSATF and the Union, in a case involving the removal of any person from the roster. The written award of the impartial arbitrator shall be final and binding upon the Union, CSATF, the Producer(s) and any person whose roster placement or removal is at issue. In the event that the award of the impartial arbitrator is to place the individual's name on the roster, the person's roster date shall be retroactive to the date that said person would have been placed on the roster but for said protest. (vii) The fees of the impartial arbitrator and the costs of the arbitration, if any, shall be shared equally by the Producer(s) and by the Union in cases involving the placement of any person on the roster or, in cases involving the removal of any person from the roster, by CSATF and the Union. All other costs and fees shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Location Managers Agreement

Roster Arbitration Procedure. Disputes regarding the placement of any person on on, or the removal of any person from, the Industry Experience Roster arising from the contention that the person is not eligible to be placed on the Roster Roster, or from the contention that the person should be removed from the Roster, under the applicable Agreement shall be resolved in the following manner: (1) CSATF shall notify the IATSE and the Local Union involved of its intention to place a person on or remove a person from the Industry Experience Roster. In the case of a placement, CSATF’s 's notice shall contain the individual’s 's name, address, telephone number and social security number, provided CSATF possesses such information. In a case involving the removal of a person from the roster, CSATF shall also notify the involved person at his last-known address. The IATSE or the Local Union may protest the intended action of CSATF within ten (10) business days in the case of a placement, or within twenty (20) business days in the case of a removal, by a written notice to CSATF. The IATSE and the affected Local shall have the right to challenge any roster placement with respect to the qualifications required pursuant to provisions contained in subparagraphs (f)(1) and (f)(2) above. In a case involving the removal of a person from the Roster, the person to be removed shall also have the right to challenge the removal. In the event of a protest, CSATF shall notify the Producer(s) involved involved, the Local Union and the person. The person will not be placed on or removed from the roster Roster until the matter has been determined. Upon such protest, a hearing shall be scheduled before the impartial arbitrator. If no protest is filed within ten (10) or twenty (20) business days, as the case may be, the respective parties waive the right to protest. (2) The IATSE and the Producers agree to submit to final and binding arbitration, before the impartial arbitrator, disputes involving the placement of any person on the Industry Experience Roster in accordance with this Article. The IATSE and CSATF agree to submit to final and binding arbitration before the impartial arbitrator disputes involving the removal of any person from the Industry Experience Roster. (3) The IATSE and Producers select Xxxxxxx Xxxxxxxx to act as the impartial arbitrator in all cases submitted to arbitration under this Article, and Xxxx Xxxxxxxx as the alternate impartial arbitrator in the event the impartial arbitrator is unavailable or unwilling to act. In the event that both the impartial arbitrator and the alternate arbitrator are unable or unwilling to act, the arbitrator shall be selected by mutual agreement of the IATSE and the Producers, in a case involving the placement of any person on the Roster or, in a case involving the removal of any person from the Roster, by mutual agreement of the IATSE and CSATF. (4) In an arbitration conducted pursuant to this ArticleArticle involving the placement of any person on the Roster, CSATF shall participate as an administrative witness and a custodian of records, and the IATSE or a Local Union designated in writing by the IATSE shall represent the IATSE. Any person whose intended roster placement is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. This provision shall not be construed as conferring upon such person the rights of a third party to the arbitration, and such arbitration will be solely between the Producer(s) and the IATSE. In an arbitration conducted pursuant to this Article involving the removal of any person from the Roster, CSATF should participate as a party, and the IATSE, or a West Coast Studio Local Union designated in writing by the IATSE, shall represent the IATSE. Any person whose intended roster removal is involved in such dispute shall be entitled to have his own counsel at his own expense present at the arbitration. (5) The In the case of the intended placement of any person on the Roster, the impartial arbitrator shall hold a hearing within tenten (10) business days after receipt of a request from the IATSE or Producer(s). Such hearing shall be held on an informal basis. The arbitrator shall have the authority to establish uniform and equitable procedures for the conduct of the hearing. (6) The award of the arbitrator shall be rendered in writing within ten (10) business days after the conclusion of the hearing unless the time is expressly extended by the Producer(s) and the IATSE, in a case involving the placement of any person on the Roster, or by CSATF and the IATSE, in a case involving the removal of any person from the Roster. The written award of the impartial arbitrator shall be final and binding upon the IATSE and its West Coast Studio Locals, CSATF, the Producer(s) and any person whose roster placement or removal is at issue. In the event that the award of the impartial arbitrator is to place the individual's name on the Roster, the person's roster date shall be retroactive to the date that said person would have been placed on the Roster but for said protest. (7) The fees of the impartial arbitrator and the costs of the arbitration, if any, shall be shared equally by the Producer(s) and by the IATSE in cases involving the placement of any person on the Roster or, in cases involving the removal of any person from the Roster, by CSATF and the IATSE. All other costs and fees shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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