5.4. Resultados del tratamiento y análisis de la información
5.4.3. Planeamiento del ritmo de producción de obra
5.4.3.3. Tiempo que demandó en realizar el set de selección para la
(a) The sixth (6th) day worked in the employee's work week shall be paid at 1.5 times the employee's regular daily rate.
(b) The seventh (7th) day worked in the employee's work week shall be paid at 2.0 times the employee's regular daily rate.
(c) A designated holiday (Article XXI) worked in the employee's work week shall be paid at 2.0 times the employee's regular daily rate
Section 2. The following are designated in this Agreement and Schedules, as "Daily On Call Classifications":
Appendix D Classifications (only where the Employer utilizes such employees in the same manner as traditionally used in the motion picture industry):
Production Accountant
Production Office Coordinator Assistant Production Accountant
Assistant Production Office Coordinator
Appendix “A”
Wage Rate Schedule Within Los Angeles, CA County Where there was a Daily On Call rate that was used.
Where there was a Weekly On Call only, 25% of that was used.
September 29, 2013
Director of Photography Hourly 103.04 824.32 154.56 206.08 309.12
Camera Operator Hourly 63.09 504.72 94.64 126.18 189.27
1st Camera Assistant Hourly 45.63 365.04 68.45 91.26 136.89
2nd Camera Assistant Hourly 41.92 335.36 62.88 83.84 125.76
Camera Loader/Utility Hourly 35.87 286.96 53.81 71.74 107.61
Digital Imaging Tech. Hourly 60.12 480.96 90.18 120.24 180.36
Sound Mixer Hourly 70.39 563.12 105.59 140.78 211.17
Microphone Boom Operator Hourly 47.52 380.16 71.28 95.04 142.56
Utility Sound Technician Hourly 47.52 380.16 71.28 95.04 142.56
VTR/Video Playback Hourly 47.52 380.16 71.28 95.04 142.56
Entry Level Electrician Hourly 33.05 264.40 49.58 66.10 99.15
Property Master Hourly 44.18 353.44 66.27 88.36 132.54
9 The minimum wage rate for any classification not listed which is within the scope of Article I shall be the current rate specified in the Hollywood Basic Agreement. The listing of a classification is not a staffing requirement.
#372905v2 A-2 Appendix “A” Con’t
Wage Rate Schedule Within Los Angeles, CA County
September 29, 2013
Art Director Daily on call10 878.72 1318.08 1757.44
Assistant Art Director Daily on call 657.65 986.48 1315.30
Set Decorator Daily on call 635.85 953.78 1271.70
Lead Set Dresser Hourly 38.63 309.04 57.95 77.26 115.89
Set Dresser Hourly 36.20 289.60 54.30 72.40 108.60
Daily Rate 6th Day Rate 7th Day Rate
Construction Coordinator Daily on call 617.87 926.81 1235.74
Propmaker Foreperson Hourly 44.37 354.96 66.56 88.74 133.11
Propmaker Hourly 38.63 309.04 57.95 77.26 115.89
Daily Rate 6th Day Rate 7th Day Rate
Paint Foreperson Daily on call 520.48 780.72 1040.96
Painter Hourly 38.63 309.04 57.95 77.26 115.89
Lead Scenic Artist Hourly 57.26 458.08 85.89 114.52 171.78
Scenic Artist Hourly 51.79 414.32 77.69 103.58 155.37
Special Effects Foreperson Hourly 44.37 354.96 66.56 88.74 133.11
Lead Effects Hourly 40.97 327.76 61.46 81.94 122.91
Effects Hourly 38.63 309.04 57.95 77.26 115.89
Studio Teacher/ Hourly 47.97 383.76 71.96 95.94 143.91
Welfare Worker
10 The daily rate shall be twenty-five percent (25%) of the weekly rate.
Appendix “A” Con’t
Wage Rate Schedule Within Los Angeles, CA County Where there was a Daily On Call rate that was used.
Where there was a Weekly On Call only, 25% of that was used.
September 28, 2014
Director of Photography Hourly 105.10 840.80 157.65 210.20 315.30
Camera Operator Hourly 64.35 514.80 96.53 128.70 193.05
1st Camera Assistant Hourly 46.54 372.32 69.81 93.08 139.62
2nd Camera Assistant Hourly 42.76 342.08 64.14 85.52 128.28
Camera Loader/Utility Hourly 36.59 292.72 54.89 73.18 109.77
Digital Imaging Tech. Hourly 61.32 490.56 91.98 122.64 183.96
Sound Mixer Hourly 71.80 574.40 107.70 143.60 215.40
Microphone Boom Operator Hourly 48.47 387.76 72.71 96.94 145.41
Utility Sound Technician Hourly 48.47 387.76 72.71 96.94 145.41
VTR/Video Playback Hourly 48.47 387.76 72.71 96.94 145.41
Entry Level Electrician Hourly 33.71 269.68 50.57 67.42 101.13
Property Master Hourly 45.06 360.48 67.59 90.12 135.18
#372905v2 A-4 Appendix “A” Con’t
Wage Rate Schedule Within Los Angeles, CA County
September 28, 2014
Art Director Daily on call 896.29 1344.44 1792.58
Assistant Art Director Daily on call 670.80 1006.20 1341.60
Set Decorator Daily on call 648.57 972.86 1297.14
Lead Set Dresser Hourly 39.40 315.20 59.10 78.80 118.20
Set Dresser Hourly 36.92 295.36 55.38 73.84 110.76
Daily Rate 6th Day Rate 7th Day Rate
Construction Coordinator Daily on call 630.23 945.35 1260.46
Propmaker Foreperson Hourly 45.26 362.08 67.89 90.52 135.78
Propmaker Hourly 39.40 315.20 59.10 78.80 118.20
Daily Rate 6th Day Rate 7th Day Rate
Paint Foreperson Daily on call 530.89 796.34 1061.78
Painter Hourly 39.40 315.20 59.10 78.80 118.20
Lead Scenic Artist Hourly 58.41 467.28 87.62 116.82 175.23
Scenic Artist Hourly 52.83 422.64 79.25 105.66 158.49
Special Effects Foreperson Hourly 45.26 362.08 67.89 90.52 135.78
Lead Effects Hourly 41.79 334.32 62.69 83.58 125.37
Effects Hourly 38.63 309.04 57.95 77.26 115.89
Studio Teacher/ Hourly 48.93 391.44 73.40 97.86 146.79
Welfare Worker
Appendix “A” Con’t
Wage Rate Schedule Within Los Angeles, CA County Where there was a Daily On Call rate that was used.
Where there was a Weekly On Call only, 25% of that was used.
October 4, 2015
Director of Photography Hourly 108.25 866.00 162.38 216.50 324.75
Camera Operator Hourly 66.28 530.24 99.42 132.56 198.84
1st Camera Assistant Hourly 47.94 383.52 71.91 95.88 143.82
2nd Camera Assistant Hourly 44.04 352.32 66.06 88.08 132.12
Camera Loader/Utility Hourly 37.69 301.52 56.54 75.38 113.07
Digital Imaging Tech. Hourly 63.16 505.28 94.74 126.32 189.48
Sound Mixer Hourly 73.95 591.60 110.93 147.90 221.85
Microphone Boom Operator Hourly 49.92 399.36 74.88 99.84 149.76
Utility Sound Technician Hourly 49.92 399.36 74.88 99.84 149.76
VTR/Video Playback Hourly 49.92 399.36 74.88 99.84 149.76
Entry Level Electrician Hourly 34.72 277.76 52.08 69.44 104.16
Property Master Hourly 46.41 371.28 69.62 92.82 139.23
2nd Prop Hourly 40.58 324.64 60.87 81.16 121.74
3rd Prop Hourly 38.03 304.24 57.05 76.06 114.09
Daily Rate 6th Day Rate 7th Day Rate
Costume Designer Daily on call 627.91 941.87 1255.82
Key Costumer Hourly 44.10 352.80 66.15 88.20 132.30
#372905v2 A-6 Appendix “A” Con’t
Wage Rate Schedule Within Los Angeles, CA County
October 4, 2015
Art Director Daily on call 923.18 1384.77 1846.36
Assistant Art Director Daily on call 690.92 1036.38 1381.84
Set Decorator Daily on call 668.03 1002.05 1336.06
Lead Set Dresser Hourly 40.58 324.64 60.87 81.16 121.74
Set Dresser Hourly 38.03 304.24 57.05 76.06 114.09
Daily Rate 6th Day Rate 7th Day Rate
Construction Coordinator Daily on call 649.14 973.71 1298.28
Propmaker Foreperson Hourly 46.62 372.96 69.93 93.24 139.86
Propmaker Hourly 40.58 324.64 60.87 81.16 121.74
Daily Rate 6th Day Rate 7th Day Rate
Paint Foreperson Daily on call 546.82 820.23 1093.64
Painter Hourly 40.58 324.64 60.87 81.16 121.74
Lead Scenic Artist Hourly 60.16 481.28 90.24 120.32 180.48
Scenic Artist Hourly 54.41 435.28 81.62 108.82 163.23
Special Effects Foreperson Hourly 46.62 372.96 69.93 93.24 139.86
Lead Effects Hourly 43.04 344.32 64.56 86.08 129.12
Effects Hourly 39.79 318.32 59.69 79.58 119.37
Studio Teacher/ Hourly 50.40 403.20 75.60 100.80 151.20
Welfare Worker
Appendix “B”
Wage Rate Schedule Outside Los Angeles, CA County
September 29, 2013
Director of Photography Hourly 103.04 824.32 154.56 206.08 309.12
Camera Operator Hourly 63.09 504.72 94.64 126.18 189.27
1st Camera Assistant Hourly 45.63 365.04 68.45 91.26 136.89
2nd Camera Assistant Hourly 41.92 335.36 62.88 83.84 125.76
Camera Loader/Utility Hourly 35.87 286.96 53.81 71.74 107.61
Digital Imaging Tech. Hourly 60.12 480.96 90.18 120.24 180.36
Entry Level Electrician Hourly 30.55 244.40 45.83 61.10 91.65
Property Master Hourly 40.85 326.80 61.28 81.70 122.55
2nd Prop Hourly 35.72 285.76 53.58 71.44 107.16
3 rd Prop Hourly 33.46 267.68 50.19 66.92 100.38
Daily Rate 6th Day Rate 7th Day Rate
Costume Designer Daily on call 552.60 828.90 1105.20
Key Costumer Hourly 38.06 304.48 57.09 76.12 114.18
11 The listing of a classification is not a staffing requirement
372905v2 B-2 Appendix “B” Con’t
Wage Rate Schedule Outside Los Angeles, CA County
September 29, 2013
Art Director Daily on call 812.43 1218.65 1624.86
Assistant Art Director Daily on call 605.04 907.56 1210.08
Set Decorator Daily on call 587.57 881.36 1175.14
Lead Set Dresser Hourly 35.72 285.76 53.58 71.44 107.16
Propmaker Foreperson Hourly 41.01 328.08 61.52 82.02 123.03
Propmaker Hourly 35.72 285.76 53.58 71.44 107.16
Daily Rate 6th Day Rate 7th Day Rate
Paint Foreperson Daily on call 481.20 721.80 962.40
Painter Hourly 35.72 285.76 53.58 71.44 107.16
CLASSIFICATION Daily Rate 6th Day Rate 7th Day Rate
Production Accountant 525.59 788.39 1051.18
Production Office Coordinator 315.52 473.28 631.04
Assistant Production Accountant 297.98 446.97 595.96
Assistant Production Office Coordinator 186.98 280.47 373.96
Art Department Coordinator 186.98 280.47 373.96
Appendix “B” Con’t
Wage Rate Schedule Outside Los Angeles, CA County
September 28, 2014
CLASSIFICATION 0 – 8 hrs Min Call
6th Day (1st 12) 1.5X – 9 – 12 hrs
7th day/hr (1st 12)
2X – 13-18 hrs Over 18 hours
Director of Photography Hourly 105.10 840.80 157.65 210.20 315.30
Camera Operator Hourly 64.35 514.80 96.53 128.70 193.05
1st Camera Assistant Hourly 46.54 372.32 69.81 93.08 139.62
2nd Camera Assistant Hourly 42.76 342.08 64.14 85.52 128.28
Camera Loader/Utility Hourly 36.59 292.72 54.89 73.18 109.77
Digital Imaging Tech. Hourly 61.32 490.56 91.98 122.64 183.96
Sound Mixer Hourly 66.39 531.12 99.59 132.78 199.17
Microphone Boom Operator Hourly 44.80 358.40 67.20 89.60 134.40
Utility Sound Technician Hourly 44.80 358.40 67.20 89.60 134.40
VTR/Video Playback Hourly 44.80 358.40 67.20 89.60 134.40
Entry Level Electrician Hourly 31.16 249.28 46.74 62.32 93.48
Property Master Hourly 41.67 333.36 62.51 83.34 125.01
372905v2 B-4 Appendix “B” Con’t
Wage Rate Schedule Outside Los Angeles, CA County
September 28, 2014
CLASSIFICATION 0 – 8 hrs Min Call
6th Day (1st 12)
Art Director Daily on call 828.68 1243.02 1657.36
Assistant Art Director Daily on call 617.45 926.18 1234.90
Set Decorator Daily on call 578.92 868.38 1157.84
Lead Set Dresser Hourly 36.43 291.44 54.65 72.86 109.29
Set Dresser Hourly 34.12 272.96 51.18 68.24 102.36
Daily Rate 6th Day Rate 7th Day Rate
Construction Coordinator Daily on call 582.69 874.04 1165.38
Propmaker Foreperson Hourly 41.83 334.64 62.75 83.66 125.49
Propmaker Hourly 36.43 291.44 54.65 72.86 109.29
Daily Rate 6th Day Rate 7th Day Rate
Paint Foreperson Daily on call 490.82 736.23 981.64
Painter Hourly 36.43 291.44 54.65 72.86 109.29
Lead Scenic Artist Hourly 54.00 432.00 81.00 108.00 162.00
Scenic Artist Hourly 48.82 390.56 73.23 97.64 146.46
Special Effects Foreperson Hourly 41.83 334.64 62.75 83.66 125.49
Lead Effects Hourly 38.64 309.12 57.96 77.28 115.92
Effects Hourly 36.43 291.44 54.65 72.86 109.29
Studio Teacher Hourly 45.25 362.00 67.88 90.50 135.75
Welfare Worker
September 28, 2014
CLASSIFICATION Daily Rate 6th Day Rate 7th Day Rate
Production Accountant 536.10 804.15 1072.20
Production Office Coordinator 321.83 482.75 643.66
Assistant Production Accountant 303.94 455.91 607.88
Assistant Production Office Coordinator 190.72 286.08 381.44
Art Department Coordinator 190.72 286.08 381.44
Appendix “B” Con’t
Wage Rate Schedule Outside Los Angeles, CA County
October 4, 2015
CLASSIFICATION 6th Day (1st 12) 7th day/hr (1st 12)
0 – 8 hrs Min Call 1.5X - 9 – 12 hrs 2X - 13-18 hrs Over 18 hours
Director of Photography Hourly 108.25 866.00 162.38 216.50 324.75
Camera Operator Hourly 66.28 530.24 99.42 132.56 198.84
1st Camera Assistant Hourly 47.94 383.52 71.91 95.88 143.82
2nd Camera Assistant Hourly 44.04 352.32 66.06 88.08 132.12
Camera Loader/Utility Hourly 37.69 301.52 56.54 75.38 113.07
Digital Imaging Tech. Hourly 63.16 505.28 94.74 126.32 189.48
Sound Mixer Hourly 68.38 547.04 102.57 136.76 205.14
Microphone Boom Operator Hourly 46.14 369.12 69.21 92.28 138.42
Utility Sound Technician Hourly 46.14 369.12 69.21 92.28 138.42
VTR/Video Playback Hourly 46.14 369.12 69.21 92.28 138.42
Entry Level Electrician Hourly 32.09 256.72 48.14 64.18 96.27
Property Master Hourly 42.92 343.36 64.38 85.84 128.76
372905v2 B-6 Appendix “B” Con’t
Wage Rate Schedule Outside Los Angeles, CA County
October 4, 2015
Propmaker Foreperson Hourly 43.08 344.64 64.62 86.16 129.24
Propmaker Hourly 37.52 300.16 56.28 75.04 112.56
CLASSIFICATION Daily Rate 6th Day Rate 7th Day Rate
Production Accountant 552.18 828.27 1104.36
Production Office Coordinator 331.48 497.22 662.96
Assistant Production Accountant 313.06 469.59 626.12
Assistant Production Office Coordinator 196.44 294.66 392.88
Art Department Coordinator 196.44 294.66 392.88
APPENDIX “C”
The Studio Locals of the I.A.T.S.E. are the following:
Affiliated Property Craftspersons Local No. 44
Motion Picture Studio Grips/Crafts Service/First Aid Medics Local No. 80 Motion Picture Script Supervisors and Production Office Coordinators Local No. 161
Studio Mechanics (Chicago, Illinois) Local No. 476
International Cinematographers Guild Local No. 600
International Sound Technicians, Television Engineers, and Video Assist Technicians
Local No. 695 Motion Picture and Videotape Editors Guild/Story Analysts Local No. 700
Motion Picture Costumers Local No. 705
Make-up Artists & Hair Stylists Local No. 706
Studio Electrical Lighting Technicians Local No. 728
Motion Picture Set Painters and Sign Writers Local No. 729
Wardrobe Crafts (New York, New York) Local No. 764
Theatrical Wardrobe (Chicago, Illinois) Local No. 769
Wardrobe Crafts (San Francisco, California) Local No. 784
Make-up Artists & Hair Stylists Local No. 798
Art Director Guild and Scenic, Title and Graphic Artists Local No. 800
Motion Picture Screen Cartoonists Local No. 839
Script Supervisors/Continuity & Allied Production Specialists Guild Local No. 871 Motion Picture Studio Teachers and Welfare Workers Local No. 884
Costume Designers Guild Local No. 892
APPENDIX “F”
SIDE LETTER October 1, 2013
This Side Letter is entered into between the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, AFL-CIO, CLC. (“IATSE”) and the Association of
Independent Commercial Producers, Inc. (“AICP”) contemporaneously with the 2013 Commercial Production Agreement effective October 1, 2013 through September 30, 2016 with respect to the following:
(a) The terms of this side letter supplement and amend the CPA effective October 1, 2013, as follows:
The absence of express editorial wage rates in the 2007 Commercial Production
Agreement and its 1996, 2000 and 2004 predecessors created ambiguity and uncertainty as to the scope of contract coverage which this Agreement is intended to resolve
prospectively and prevent claims and disputes related to conduct which occurred prior to the effective date of this Agreement.
Editorial Scale Rates: Sept. 29, 2013
0 – 8
All freelance editors and assistant editors will be employed on an 8-hour daily minimum call under the full terms and conditions of the IATSE/ AICP Agreement, including contributions into the MPIPHP on their behalves.
All staff editors and staff assistant editors will be employed on a 4-hour minimum call. If they exceed 4 hours, an 8-hour minimum call will apply.
All staff editors and assistant editors based in LA County will have MPIPHP contributions made on their behalf based on an 8-hour daily minimum.
F-1
APPENDIX “J”
SIDE LETTER October 1, 2013
This Side Letter is entered into between the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, AFL-CIO, CLC. (“IATSE”) and the Association of
Independent Commercial Producers, Inc. (“AICP”) contemporaneously with the 2013 Commercial Production Agreement effective October 1, 2013 through September 30, 2016 with respect to the following:
The Commercial Industry Administrative Fund:
The AICP shall establish a Commercial Industry Administrative Fund, ("CIAF'') to be administered under contract between AICP and the CSATF.
The CIAF shall be utilized solely for the purposes of defraying the costs and expenses of the AICP incurred in labor relations, CPA negotiations with the Union and ongoing contract administration including, but not limited to, administration, legal fees, consultant fees, staff costs, web site and seminar costs, publication and distribution of
contract/negotiation/administration a related bulletins, labor relations costs and costs involved in administering in the CPA grievance and arbitration process.
The funds of the CIAF shall not be used to support non-union productions, discourage or undermine membership in the Union, nor fund any actions adverse to the Union, and it is agreed that such adverse actions do not include the administration or negotiation of the CPA or actions taken in the protection of CPA provisions, rights and remedies in any forum.
The CIAF shall be funded by contributions, to the extent and in such amounts, as may be negotiated by the Union and included in agreements between it and non-AICP member commercial producers which agreements adopt the terms of the current CPA as negotiated by the AICP, in whole or part, by means of an agreement of adherence or otherwise.
The parties confirm that the Union has not agreed, and is under no obligation, express or implied, to require contributions to the CIAF in any of the Union's collective bargaining agreements with non-AICP member commercial producers.
Contributions to the CIAF shall be paid to CSATF who will distribute the CIAF, net the agreed administrative fees, to the AICP to be held in a segregated account and administered as determined by AICP in accordance with the purposes of the CIAF as above stated. The AICP, or its assigns, and not the Union shall be responsible for enforcement of the delinquent contributions to the CIAF, provided, however, that in contractual provisions which the Union may negotiate providing for contributions to the CIAF, the agreement should also contain enforcement rights, remedies and procedures which are necessary to enable the AICP to recover delinquent contributions along with court costs, reasonable attorneys' fees and prejudgment interest.
APPENDIX “K”
Confidentiality Undertaking Pursuant to Article XXIX of the IATSE/ AICP Commercial Production Agreement effective October 1, 2013.
The undersigned employee:
(A) Acknowledges that Article XXIX of the above referenced CPA provides:
"In recognition of the confidentiality requirements imposed on the employer by advertising agencies and their clients, employees covered by this agreement shall, with respect to any commercial production on which they are employed hold in strictest confidence all non public information, trade secrets, creative material and production techniques and shall not disparage or give out unauthorized publicity concerning any aspect of the production process except as
protected or required by applicable labor laws, rules and regulations. Employer strictly forbids the capturing of images and/or recordings except as authorized by Employer as an essential function of Employee's specific job;" and
(B) Agrees to comply with the provisions of Article XXIX with respect to the commercial production described below.
Date Signed
Name of Employee Production Company
Category Description of Commercial
Signature of Employee
K-1
372905v2 NEC-1
NORTHEAST CORRIDOR APPENDIX (herein “NEC”)
TO THE 2013 I.A.T.S.E. – AICP
COMMERCIAL PRODUCTION AGREEMENT CONTAINING
I.A.T.S.E. LOCALS 600, 161 and 798 TERMS AND CONDITIONS
The terms, conditions, wages and benefits applicable to Locals 600, 161 and 798 in the Northeast Corridor are set forth in this Northeast Corridor Appendix (“NEC”) to the 2013 Commercial Production Agreement (“CPA”). As used in this Appendix and the CPA, the term “Northeast Corridor” means the States of Connecticut, Delaware,
Maryland, Massachusetts, New York, New Jersey, Pennsylvania and the District of Columbia. This Appendix is part of the CPA and together they constitute a single collective bargaining agreement. The following provisions of the CPA apply to
employees and work covered by Locals 600, 161 and 798 in the Northeast Corridor and all such provisions are incorporated in this Appendix by reference:
ARTICLE I RECOGNITION AND GEOGRAPHIC APPLICATION OF AGREEMENT
ARTICLE II UNION SECURITY AND CHECKOFF
ARTICLE III ADMINISTRATION
ARTICLE IV ACCESS
ARTICLE V JOB STEWARD
ARTICLE VI NO DISCRIMINATION
ARTICLE VII GRIEVANCE PROCEDURE AND JURISDICTIONAL DISPUTES
ARTICLE VIII NO STRIKE – NO LOCKOUT ARTICLE IX MULTI-EMPLOYER UNIT
ARTICLE X FIRST CONSIDERATION FOR EMPLOYMENT
ARTICLE XI MINIMUM TERMS AND CONDITIONS ARTICLE XII * SCOPE OF AGREEMENT
ARTICLE XIII* OPERATIONS
ARTICLE XIV* WORK DAY, WEEK AND MINIMUM CALLS
ARTICLE XV * OVERTIME
ARTICLE XVI* REST PERIODS
ARTICLE XVII* HIGHER CLASSIFICATION ARTICLE XVIII* MEALS
ARTICLE XIX* LOCATIONS/TRAVEL ARTICLE XX * CANCELLATION OF CALLS ARTICLE XXI* HOLIDAYS
ARTICLE XXII BENEFITS ARTICLE XXIII IATSE PAC
ARTICLE XXIV EMPLOYER IDENTIFICATION
ARTICLE XXV WAGE RATES (Sections 2A and 2B only)
ARTICLE XXVI TERM AND EFFECTIVE DATE AND OPEN PERIOD ARTICLE XXVII MISCELLANEOUS
APPENDIX K CONFIDENTIALITY UNDERTAKING
* NOTE: The Articles indicated (*) are either not applicable or are modified with respect to Local 600 camerapersons in the Northeast Corridor. See NEC Section 1.10 “Modified CPA Provisions” at page NEC-18.
372905v2 NEC-3
1.0 LOCAL 600 NORTHEAST CORRIDOR TERMS AND CONDITIONS (a) This Appendix specifies the wages, benefits, terms and conditions
applicable to Local 600 camerapersons working in the Northeast Corridor or hired by the Employer in the Northeast Corridor to work outside the Northeast Corridor (except if working Los Angeles County in which case the CPA shall apply to such employment) in other states or Puerto Rico or the Virgin Islands. Except as provided in the preceding sentence, the CPA shall apply to work performed by camerapersons outside the Northeast Corridor but within Local 600’s contractual jurisdiction described herein.
(b) The terms and conditions in the area referred to as the “Outer Region”
shall be governed by the CPA. The Outer Region means the States outside the Northeast Corridor but within the geographical scope of the CPA and excluding Puerto Rico, U.S.
Virgin Islands and U.S. Territories and possessions.
(c) This Appendix shall be binding upon the Employers as well as upon any of its subsidiaries or successors engaged in producing television commercials and also upon any person, firm, corporation or other organization so engaged in which the Employer or any principal stockholder thereof, whether directly or indirectly, has a controlling financial interest.
(d) In no event shall an Employer in the Northeast Corridor sub-contract any of the work covered hereby where an effect thereof would be to enable such work to be done under wage rates or labor conditions inferior to those herein contained; nor shall any person not employed in compliance with the provisions of this agreement be permitted to perform any of such work for or at the premises of the Employer.
(e) No person who is a principal in the Employer (either individually, as a partner or as an officer, director or stockholder thereof) shall hereafter acquire, either, or indirectly, any interest as a principal in any other business entity engaged in producing motion pictures for the purposes of avoiding the obligations of the Appendix.
(f) The term “motion picture” as used herein shall mean motion picture television commercials whether made on or by film, tape or otherwise and whether produced by means of motion picture cameras, electronic cameras or devices, or any other combination of the foregoing, or any other means, methods or devices now used or which may hereafter be adopted.
(g) The scope of this Appendix is understood to cover all phases of recording visual images for motion picture television commercials and all auxiliary equipment necessary to the operation of the camera, regardless of the purpose for which such motion picture images are used, or of the means by which or the substance upon which the same are recorded.
1.1 PREFERENCE OF EMPLOYMENT
(a) In hiring a cameraperson to perform services in the Northeast Corridor, preference shall be given by the Employer to persons who have acquired the necessary skills through prior experience (i) as camerapersons of the Employer or of other Employers within the national or international charter territory of Local 600 or (ii) as camerapersons in the employ of other employers photographing television commercials of comparable standards of quality; including but not limited to aliens with 0-1 visas.
372905v2 NEC-5
(b) Before filling any vacancy for any steady positions covered by this Appendix, the Employer shall give to Local 600 at least seven (7) days notice (excluding Saturdays, Sundays and Holidays) of the existence of such vacancy.
(c) Within twenty-four (24) hours after the hiring of any steady cameraperson in the Northeast Corridor subject to this Appendix the Employer shall furnish to Local 600 the name, residence address, social security number, date of hiring, salary and basis of employment of such cameraperson.
(d) Local 600 agrees that if, during the term of the CPA, it enters into a contract with any other employer whose business is comparable to and in competition with the Employer herein, granting to such other employer more favorable rates and conditions with respect to production than those provided for in this Agreement, Local 600 will notify the Employer thereof, and the Employer herein shall have the option to accept such more favorable rates and conditions, and if the Employer exercises such option, such more favorable rates and conditions shall be deemed substituted for the rates and conditions herein set forth.
(d) Local 600 agrees that if, during the term of the CPA, it enters into a contract with any other employer whose business is comparable to and in competition with the Employer herein, granting to such other employer more favorable rates and conditions with respect to production than those provided for in this Agreement, Local 600 will notify the Employer thereof, and the Employer herein shall have the option to accept such more favorable rates and conditions, and if the Employer exercises such option, such more favorable rates and conditions shall be deemed substituted for the rates and conditions herein set forth.