LOCAL 71 MOVIE DIVISION MOVIE REFERRAL RULES Teamsters Local Union No. 71 refers bargaining unit members to work ni the motion picture and television production industry under collective bargaining agreements entered into with employers coveringsuch work within the jurisdiction of Local 71. Local 71 adopted these Movie Referral Rules, on November 11, 2022 and effective February 1, 2023. These Rules supersede any and all priorrules governing Local 71 referrals to work on motion pictureand television production jobs. To the extent that any provision of these Rules is found to be in conflict with the International Constitution, Local 71 Bylaws, or anyapplicablelaw, these Rules will be superseded but the other provisions of these Rules will survive as separable from the superseded portions. These Rules will be mailed to all persons on the current Movie Referral List and to all persons seeking applicationsto be on theMovie Referral List. These Rules and all application forms will be posted on Local 71's website, www. teamsterslocal71.com in pdf format for easy downloading. The following Rules will be put into effect on February 1, 2023. 1) Initial Enrollment of Existing Experienced Personnel a) All employees currently on the Movie Referral L i s t will automatically be transferred to the new list b) Local 71 shall place all current employees on the existing "A" and "B" lists onto a list to be known collectively as the "Movie Referral List" or "MRI", in seniority order. c) Those who apply for placement on the MRL acknowledge that being on the MRL is no guarantee for any minimum amount of work or any work at all. 2) Subsequent Applicants Following the above procedure for initial applicants, Local 71 may open the opportunityto become a Movie Referral Employee to other applicants through the following procedure: Upon writtenrequest, Local 71 will provide a copy of the application to any individual who makes such request. Those interested in becoming a Movie Referral Employee shall follow thesame procedure as for initial applicants and will be placed on the list in seniority order. 3) Administrative Fee for Placement on the MRL: a) An applicant will be required to pay Local 71 an initial application fee of $500.00 to have hisname placed on the MRL. Such cost is intended to compensateLocal 71 for its administrative expense related to such initial placement. b) To maintain continuous placement on the MRL, an applicant will be required to pay a monthly fee of $30.00. Such fee can be paid up to 12 months in advance. To be included on the MRL for any given month, the applicant must have paid his administrative fees by noon the last business day of the prior month. c) fI an applicant fails to stay current in his/her fees, he/she wil be removed from the MRI without further notice from Local 71. Re-application to be placed on the List wil require the applicant to pay the initial administrative fee again. d) If an applicant/employee chooses to maintain full membership in Local 71 while employed, he/shewill berequired to pay 2.5% of his/her gross earnings as dues to Local 71 (monthlyminimum of $30.00). Such dues payments will be deemed to include administrative fees that person would owe to Local 71 for the right to remain onthe MRI. When an active member ceases to be employed, he/she is required to continue paying without interruption, the $30.00 administrative fee to remain on the MRL. e) Applicants/employees who are not members of Local 71 are required to pay a monthly administrative fee of 2.5% of his/her weekly gross pay (monthly minimun of $30.00) to keep his/her name continuously on the MRL including during periods of active movie/tv employment. 4) Referrals a) Al referrals will be made by the Local in accordance with these Rules. b) Upon request, Local 71 will provide the Employer with eitherpaper or electronic copies of the current MRL, for all Movie Referral Employees. c) An Employer will only be provided one copy of theMRL at the beginning of the production. The Employer will not beprovideda second list unless and until he certifies that he has contacted all applicants on the first list. d) Once an individual accepts a referral to a production, he/she must work that entire production or until the Employer releases him/her from employment. An individual's 2 name will appear on the list provided to the Employer even ifhe is currently working on another production, but in such cases the employee is not allowed to accept employment with the subsequent production until he is released from the previous production. All members will inform Local 71 of any work, upon acceptancethat he/she plans to perform outside of its jurisdiction within the craft. The member will also notify Local 71 upon the completion of all work and when he/she is available to return to the Movie Referral List. e) The Employer will notify Local 71 ofthe Movie Referral Employees it selects. f) The Employer will contact the Movie Referral Employees directly for hiring and scheduling purposes. g) Al selections by Employersmust be made on a non-discriminatory, seniority basis. The Employer will havethe right, on a non-discriminatory basis, to reject any Movie Referral Employees on the MRL. In addition, persons on the MRL recognize that an Employer, in compliance with the applicable collective bargaining agreement, may removefrom employment for"cause", any employee selected and emploved on a production. h) Al bargaining unit employees must be hired from the MRL except: ¡) If the MRI has been exhausted of al personnel, in that case, the Employer may hire from the outside the list but will notify Local 71 of the employee's name and contact information. ii) An Employer may hire an employee not on the MRL ifa specific person is needed to operatespecialized equipment and no applicants on the MRL are licensed to operate the equipment. j) Such exceptional circumstances will be agreed to between the Employer and Local 71 as the circumstances dictate. 5) Contact Procedures: Each Movie Referral Employee is responsible for keeping Local 71 advised of current contact information including a current phone number where he or she can be reached. Allchangesmustbemadei nwriting. The Local will manually update theMovie Referral Employee's application when such revised contact information is received. Employers will contact Movie Referral Employees through the phonenumber provided by the employee. 6) Transportation Coordinators and Captains: The Employer may designate individuals as Transportation Coordinators from those referred by the Union or from other sources. Individuals who serve as Transportation Coordinators shall have no authority to represent Local 71 in any way, negotiate on behalf of theLocal or employees covered by a movie industry collective bargaining agreement, and shall have no authority to file grievances, 3 resolve disputes or takestrike or other action on behalf of Local 71. The Employer may also appoint Captains from those referred by the Union (or from other sources if no suitable candidate is available), provided such Captains haveno authority to hire, fire or discipline any of the Movie Referral Employees referred for work by Local 71. Further, the Captain shall have no authority to represent Local 71 in any way, including no authority to file grievances, resolve disputes or take strike or other action on behalf of Local 71. 7) Union Stewards: Local 71 at its discretionm a y designate members to serve as Union Stewards. Such Union Stewards may be removed as Stewards at any time by Local 71. Union Stewardsshall investigate working conditions and facilitate communication with Local 71. Union Stewards shall not file or process grievances, except tothe extent requested by an authorized agent or officer ofLocal 71. 8) Prohibition on Solicitation of Gifts or Other Gratuities: a) Due to previousproblems in this industry with regard to the solicitation of gifts and other gratuities for Captains and Coordinators, it is the policy of Local 71 that in Local 71's jurisdiction no bargainingunit employee may solicit from other unit employees any money or other gifts to be given to Captains, Coordinators or anyone else involved in a production. Anyperson found to have solicited gifts for any Employer representative, including a Coordinator or Captain, may be removed from the MRL for three (3)months. b) No bargaining unit employee may be required tomake any gift or contribution to a gift for anyone involved in the production. c) Any attempts to solicit suchgifts from unit employees must be reported immediately to Local 71. d) This policy exists to protect unit employees from coercion to contribute to gifts as a potential tacit condition for the assignment of more work and/or desirable work assignments. e) An employee accused of solicitinggifts must file a grievance to challenge the proposed suspension. 9) Grievances: Unit employees and/or people on the MRL may appeal any matters concerning the application of theseRules to the Business Agent within seven (7) days of the referral. Grievances must be filed in writing with the Business Agent within ten (10) days of the date that the grievant knew or reasonably should have known of the violation. a) The Business Agent wil respond to grievances, including meeting with affected applicants) and Employers' representative, fi appropriate, and issuing a written decision detailing his actions and the reasons therefore, as soon as conditions will allow. 4 b) Appeals from the Business Agent's decisions may be made to the Local Union's Executive Board, or its designee, to determine whether further proceedings are warranted. c) These procedures are not intended to give any substantive or procedural right to any person beyond what rights such person would have pursuant to applicable law. 10) General Provisions: The following additional rules apply to all movies and television work: a Transportation work in themovies and television industry involves more than driving a vehicle. Local 71's ability to continue its representation and to protect its jurisdiction in the movie industry depends in large measure on the ability to attract Employers to work in the Local's geographical jurisdiction. The Employers, including the Coordinators and Captains who often have practical day to day responsibility for assigning work to the members must be shown the same respect we demand for the members. Insubordination, habitual tardiness or attendance problems, on-the-job intoxication, controlled substance use (except as prescribed) or the appearance of same, or frequent and unexplained "disappearing acts" may be "cause" for removal from employment. 11) Violation of Referral Rules: The success ofthemovie/tv production industry in Local 71's jurisdiction depends heavily on thereliability ofthe employees in this area. To this end, Local 71, as collective bargaining representative for the unit employees on these productions, seeks to provide the Employers with reliable, punctual, dedicated employees of the highest caliber consistent with the hard earned reputation of all bargaining units Local 71 represents in other industries in its jurisdiction. Local 71 has historically and consistently been ableto achieve these goals without compromising the unparalleled high level of representation of employees in the jurisdiction. The following provisionsi n particular must be interpreted in the context ofthose goals. A person on the MRL may notify Local 71 in writing that he/she does not wish to be referred for a particular production. In such case, Local 71 will remove the person's name from the MRI, given to the Employers on that production. Any person, who falsifies his or her qualifications or other credentials, engages in serious misconduct or criminal activity on the job may be subject to removal from employment for "cause". Persons on the MRL shall not make agreements with employers outside ofthe applicable collective bargaining agreement. c) Any person who violates the prohibition on the solicitation of gifts set forth above will be subject to appropriate discipline. a) b) 5 d) Local 71 will notify in writing any individual accused of violation of these rules and said individual may appeal under the process set forth below in Section (d) (i). ¡) Within ten (10) days ofnotice of an alleged violation of theserules, the affected individual may appeal toLocal 71° Executive Board. Such appeal must be in writing and set forth in detail the reasonst h eindividual believes they have been improperly or unjustifiably accused. (1) The Executive Board will hear and decide such appeal as soon as possible. (2) The Executive Board decision is final and binding and shall not be subject to review by any state or federal agency or in any judicial proceeding. (3) During the appeal procedure before the Executive Board, individuals will remain subject toreferral absent specific safety reasons. 12) Drug and Alcohol Testing: Any person that test positive for drugs and/or alcohol shall be suspended from the referral lists until such time as the individual successfully completes a substance abuse program and is certified as "fit for duty" by a substance abuse professional. The individual must begin the program within thirty (30) calendar days of his/her first knowledge of the positive test. Any person that fails a second drug and/or alcohol test shall be permanently barred from work referrals and shall be permanently removed from the Local 71 Referral Lists. 13) Disputes: Any disputes or complaints concerning the application or interpretation of these referral rules shall be submitted to and resolved by the Executive Board in accordance with the above procedure. PRESENTED TO, AND ADOPTED BY THE EXECUTIVE BOARD ON NOVEMBER 11, 2022. DISTRIBUTED TO THE MEMBERS ON THE MRL ON NOVEMBER 18, 2022. TO BECOME EFFECTIVE ON MARCH 1, 2023 Amendment for Movie Work Rules: Effective February 1, 2023 All members will inform Local 71 of any work, upon acceptance that he/she plans to perform outside of its jurisdiction within the craft. The member will alsonotify Local 71 upon the completion of all work and when he/she is available to return to the Movie Referral List.
Page Last Updated: Jul 09, 2024 (07:51:57)
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