Union Standards. Employer shall not produce nor acquire an Interactive Program (or any part thereof) as to which one or more Performers are or were employed by a party that is not a signatory to this Agreement (a non-signatory), unless the Employer determines after reasonable investigation that the Performers have been and will be either (1) afforded the wages, hours, working conditions and other economic benefits provided in this Agreement; or (2) afforded wages hours, working conditions and other economic benefits having substantially equivalent economic cost to such non-signatory. Upon request from SAG-AFTRA, the Employer shall report to SAG-AFTRA the name of the non-signatory, the name and number of any applicable Programs, and any other information SAG-AFTRA deems reasonably necessary to its administration of this Agreement. This section shall not apply to Interactive Programs or any part thereof which exist prior to the execution of this Agreement. If the Employer obtains an agreement substantially in the form below from the non-signatory, Employer shall be deemed to have observed the provisions of this subsection: "It is hereby agreed by [Name of non-signatory Employer] that all Performers as defined in the applicable SAG-AFTRA Interactive Media Agreement have been and will be afforded either (1) the wages, hours, working conditions and other economic benefits provided in said Agreement; or (2) wages, hours, working conditions and other economic benefits having a substantially equivalent economic cost to [Name of Non Signatory Employer].”
Union Standards. A. A Producer will not engage in the production of a commercial or any part thereof (including sound track) as to which one or more Performers is employed by a person not signatory to this Agreement or a Letter of Adherence hereto (a "nonsignatory") or acquire a commercial or any such part thereof as to which one or more Performers was employed by a nonsignatory, unless, in each case, Producer determines, after reasonable investigation, that such Performers have been and will be either (1) afforded the wages, hours, working conditions and other economic benefits provided in this Agreement or (2) afforded wages, hours, working conditions and other economic benefits having a substantially equivalent economic cost to such nonsignatory.
B. If Producer obtains an agreement substantially in the form below from such nonsignatory, Producer shall be deemed to have observed the provisions of Section 49.A.
C. In addition to any other remedies at law or under this Agreement, SAG-AFTRA reserves the right to terminate the Letter of Adherence of any Producer who fails to observe the provisions of Section 49.A, unless such failure is isolated or inadvertent.
D. The parties to this Agreement acknowledge and agree that the purpose and intent of this Section 49 is to ensure that no Producer will be economically motivated to have a commercial or any such part thereof produced by, or to acquire a commercial or any such part thereof from, a nonsignatory which incurs economic costs with respect to the employment of Performers on such commercial or part thereof which are not substantially equivalent to the economic costs which would have been incurred by Producer had it employed such Performers. This Section 49 shall be construed and enforced in accordance with such purpose and intent.
Union Standards. A. Employer will neither engage in the production of an Interactive Program or any part thereof as to which one or more Performers are employed by a person not a signatory to this Agreement or a Letter of Adherence herein (a “non-signatory”), nor acquire an Interactive Program or any part thereof as to which one or more Performers were employed by a non-signatory unless, in each case, the Employer determines after reasonable investigation that such Performers have been and will be either (1) afforded the wages, hours, working conditions and other economic benefits provided in this Agreement; or (2) afforded wages hours, working conditions and other economic benefits having substantially equivalent economic cost to such non-signatory. The Employer shall upon written request from AFTRA, report to AFTRA the name of such non-signatory, the number of Programs to be recorded and other pertinent data to enable AFTRA to administer this Agreement. Notwithstanding anything in the foregoing to the contrary, this Section 40 shall not apply to Interactive Programs or any part thereof: (i) which exist prior to the execution of this Agreement, or (ii) have not been acquired by Employer in an effort to subvert the intent of this Agreement; provided that AFTRA reserves the right to reasonably inquire about such acquisitions to determine both their frequency and Employer’s intent.
B. If the Employer obtains an agreement substantially in the form below from such non- signatory, Employer shall be deemed to have observed the provisions of Subsection 40.A: It is hereby agreed by [Name of Non-Signatory Employer] that all Performers as defined in the AFTRA 2011-2014 AFTRA Interactive Media Agreement be afforded either (1) the wages, hours, working conditions and other economic benefits provided in said Agreement; or (2) wages, hours, working conditions and other economic benefits having a substantially equivalent economic cost to [Name of Non Signatory Employer].”
C. AFTRA reserves the right, pursuant to Section 41 to submit to arbitration Employer’s failure to observe the provisions of Subsection 40.A, as herein amended, unless such failure is isolated or inadvertent.
Union Standards. The Council and its affiliates have a legitimate interest in preventing the undermining of the work opportunities and standards gained through collective bargaining and desire to preserve and protect work opportunities for its members. Therefore not more than fifty (50%) by dollar value of off-site assemblies or fabrications may be provided by non-union workers or non-signatory companies. The trades agree to install any off-site assemblies or fabricated items regardless of union or non-union labor provided the quantity does not exceed the percentage set forth
Union Standards. The Council and its affiliates have a legitimate interest in preventing the undermining of the work opportunities and standards gained through collective bargaining and desire to preserve and protect work opportunities for its members. Therefore the parties agree that work under this Agreement may be contracted or subcontracted for off- site work only if the employees of that contractor or subcontractor enjoy the same or greater wages and benefits than employees of the appropriate trade employed on Project Work, and under no circumstances shall employees engaged in the off-site fabrication work receive wages and benefits less than that required by this Agreement and its annexed local agreements including, but not limited to, wages, fringe benefits, and any other economic benefits provided therein. The parties recognize and acknowledge that this provision is a legitimate union standards clause and shall be interpreted, applied or enforced so as not to violate Section 8(e) of the NLRA. Disputes, if any, with regard to the interpretation, application and or enforcement of this provision shall be subject to the grievance procedure set forth in Article 9, herein.
Union Standards
