Mar 16, 2010

Worker Agreement (as amended 2010)



WORKER AGREEMENT


This agreement states the responsibilities of the Worker to the Union hiring hall and the Union’s responsibilities to the Worker.

The Executive Board of TWU Local No. 887 shall be the sole disciplinarian of these rules, and pledges to carefully review all workers’ requests or grievances arising from Union action or work related matters. An employee being considered for fines or suspension, or with other concerns or grievances, may chose to appear before the Executive Board at it’s meeting by making prior arrangements with a member of the Executive Board or the Local 887 office clerk. Consideration and determination of fines and suspensions and of payment schedules will be made by, or at the direction of, the Executive Board of Theatrical Wardrobe Union Local No. 887 at the regular Executive Board meeting following the report of the incident. The Executive Board regularly meets prior to the general membership meeting on the fourth Monday of each month. If no Executive Board meeting is held for reasons of cancellation or lack of quorum, a special Executive Board meeting will be held within 10 days of the originally scheduled meeting date in accordance with the I.A.T.S.E. Constitution. Any employee whose charges are being considered for fines or suspensions at such special meeting will be informed of it’s time, date and location.

The worker pledges to remain in good standing in regard to moneys owed to the Union by virtue of the worker’s use of the hiring hall. Delinquent employees will not be dispatched by the Local 887 Hiring Hall. Delinquent employees may be terminated by their employer based on the terms of the collective bargaining agreement under which they are working. The worker is responsible for keeping track of and making timely payment of the following:

A. Membership Dues

Members of Local 887 are required to pay membership dues which include their Hiring Hall Fee. These are due at the beginning of each quarter of the year (January 1st, April 1st, July 1st and October 1st), and delinquent within 30 days after such due date. Members will be informed of the amount of their quarterly dues at the time they join Local 887. Members will be informed in writing of any change of quarterly membership dues. Members who are delinquent with their dues are required to pay a $25 reinstatement fee. Workers who have not resigned their membership, who are not current with their Membership Dues, are not eligible for dispatch.

B. Regular Hiring Hall Fees

Non Members of Local No. 887, who have a place on the Local 887 Hiring Hall Dispatch List between 1-120, must pay a Hiring Hall Fee of $10 a quarter to be eligible for dispatch. Workers who have a Hiring Hall Dispatch List number larger than 120 are not required to pay the Hiring Hall fee. The fee is due at the beginning of each quarter of the year (January 1st, April 1st, July 1st and October 1st), and delinquent within 30 days after such due date.. Workers will be informed of any changes in that fee in writing. A re-instatement fee of $25.00, is required for those who fail to pay the Hiring Hall fee within 30 days of the first day of the quarter in which they are due. Workers who are not current with their Hiring Hall fee or penalties are not eligible for dispatch.

C. Payroll Percentage Assessment

All workers employed under contracts held by Local 887 are required to pay a percentage assessment of their gross wages to Local 887, unless they have requested Financial Core Payee Status. The current percentage assessment is 3%. Most percentage assessments are deducted by contracted employers with the worker’s permission and paid directly to Local 887. It is the worker’s responsibility to check their pay stub to insure that the percentage assessment has been made correctly. If the percentage assessment is not deducted by the employer, or the full amount due is not deducted, it is the worker’s responsibility to make payment to Local 887. Payroll percentage assessment is due upon the date paychecks are issued (or on an engagement of exceeding an eight week stand, on the regularly scheduled pay day), and delinquent within 30 days after same.

D. Fines and Fees

A fine may be assessed due to disciplinary action or delinquent payments. A fee may be assessed in special circumstances by the Local’s Executive Board. Fines and fees will be assessed in writing. All fines and fees are due within thirty days of assessment and delinquent thereafter.

Local 887 Working Rules

The worker pledges, when working under contracts held by Local 887, to abide by the terms of the contract, the employer’s working rules and the Union’s Working Rules. Copies of each venue’s contract and working rules are available at the job site. Workers are expected to be knowledgeable of the Union’s Working Rules - no warnings will be given.

1. Dispatching Personnel

In dispatching wardrobe personnel the Call Steward, under the direction of the Business Representative, shall follow the T.W.U. Local No. 887 Hiring Hall Dispatching Rules.

2. Personal Calls

No worker shall receive a “personal call” to work for a job under a contract calling for a dispatched employee. All wardrobe workers shall be dispatched from T.W.U. Local No.887 if the contract so states. Management has the privilege of choosing their Wardrobe Supervisors, Assistants or Seasonal Staff as stipulated in specific contracts. Personnel requests as allowed by the Hiring Hall Dispatch Rules or by contract must be made through the Business Representative and Call Steward. Any worker knowing of a vacancy in any theatre or place of amusement shall report same to the Business Representative immediately.

3. Failure to Report for Work

Any worker who accepts a dispatch call for work and fails to report for work without giving the Business Representative or Call Steward 12 hours prior notice shall be subject to a fine according to the signed Worker Agreement, but subject to appeal to the Executive Board.

4. Leaving a Post

No worker shall leave his/her post during a performance without permission of the Wardrobe Supervisor. Any worker doing so will be subject to a fine according to the signed to the signed Worker Agreement.

5. Being on Time

All workers must arrive on or before the specified call time and show that they are ready for work. Any worker who does not do so shall be subject to fine or suspension according to the signed Worker Agreement.

6. Dressing on One Floor

Dressing shall be done on one floor only, except in emergencies and when necessary to go to quick change areas. Any deviation shall be reported to the Business Representative by the Job Steward and negotiated by the Business Representative with Management.

7. Post Show Clean Up

After the performance is over, a post show clean up period is allowed. This period varies by contract and is allowed to straighten costumes, put wardrobe in order and report repairs. This clean up period is a part of the dressing call and is compensated as such.

8. Working All Performances

Workers accepting work dispatched through the Union’s Hiring Hall dispatch to a position shall be expected to work all days/performances scheduled unless a prior agreement has been made between the Business Representative Agent and the Wardrobe Supervisor/Shop Head. In the case of an emergency, a worker will be replaced temporarily and the replacement shall be notified that this is only a temporary replacement if such is the case.

9. Failure to Receive Salary

Any worker not receiving his/her salary within a reasonable time after it is due shall report same to the Business Agent. Any employer still owing money to workers a reasonable time after it is due shall be denied the services of TWU Local 887 until all recognized claims are paid. Head office of the International Alliance shall be notified accordingly.

10. Discussion of Conducting of Local Business

No member of this Local shall discuss the business of the Local with any Manager or other persons who are not members of this Local. All persons requesting information shall be referred to the Business Representative.

11. Seeking Another’s Position

No member or worker representing this Local shall endeavor to obtain employment in a theatre or place of amusement where the position is held by another member or worker represented by this Local or another affiliated Local who has not given or received the customary notice.

12. Working Tools

A worker reporting for work in a costume shop is obligated to find out what tools are required and to provide them.

A worker reporting for a dressing or maintenance call must have the following tools and a device to carry them in while working (i.e. apron, fanny pack, etc.): Scissors, hand sewing needles, thread (preferably black or white), measuring device, flashlight, writing implement, paper and safety pins.

Repeated failure to provide required tools may result in disciplinary action by the employer and/or the T.W.U. Local No. 887 Executive Board.

13. Alcohol and Controlled Substances

A worker under the influence of drugs or alcohol in the work place will be replaced on the call and may be dismissed by the employer.

A worker replaced on a call or dismissed due to use of alcohol or controlled substances will be subject to a timely review and discipline by the Executive Board. Such worker may be suspended from dispatch until their review has taken place.

14.

The first year of employment is a probationary period. Should a worker violate this Worker Agreement within one year of the first date the individual is employed under a collective bargaining agreement held by TWU Local No. 887, whether by dispatch or direct employment, the Executive Board may remove them from the 887 Hiring Hall Dispatch List. The worker is allowed a hearing with the Executive Board at their request. These workers may re-apply to be placed in Group E at any time after being removed from the Hiring Hall Dispatch list.

In the Union’s Working Rules, numbers 3 (Failure to Report for Work), 4 (Leaving a Post), and 5 (Reporting Time), refer to disciplinary actions as defined in this Worker Agreement. These are further defined as follows:

Additional Rules For Costume Shop and Other Non-Dispatched Employees

1. A worker must arrive at the job site on time for the job. (Working Rule No. 5)

a. On time is defined as ready to begin work at the time the call is scheduled to begin. Workers at the job site but unprepared to begin work at the scheduled call time may be considered tardy.

b. Excessive tardiness will first be discussed with the employee and then with the Shop Manager. If continued tardiness is deemed to impede work flow in the shop, the Job Steward will bring it to the attention of the Shop Manager. The worker understands that continued tardiness may be cause for dismissal as specified in the site contract and/or working rules.

2. A worker should make every effort to call in to the Shop Manager or Job Steward if they are absent from work without notice. (Working Rule No. 3)

3. The worker understands that an unexcused absence without notice may be cause for dismissal as specified in the site/venue contract and/or working rules.

4. Employees dispatched by Local 887 for work in a costume shop may be covered by the Costume Shop rules for tardiness. They should check with the Shop Manager, Job Steward or Business Representative for further clarification.

Additional Rules For Employees Dispatched through the Local 887 Hiring Hall

1. All workers must report to the Job Steward by or before the specified call time for each call to show that they are ready for work. (Working Rule No. 5)

a. Absence without notice, or with less than 12 hours notice, may be considered a No Show. (Working Rule No. 3)

b. Unexcused absence from an assigned dressing position or unavailability to perform dressing duties may be considered a No Show. (Working Rule No. 4) Assigned dressing position is defined as the area of the theatre and responsibilities assigned to an employee as outlined by dressing notes and the Wardrobe Supervisor. A “break” from dressing duties, when indicated in dressing notes, does not indicate permission to leave the general work area of the venue.

c. No Shows will be fined $50 per unexcused absence. Additional fines or other penalties may be assigned by the Union’s Executive Board when a worker has accrued more than three “tardies” and/ or “no-shows” in a period of 6 months or less.

d. On time is defined as ready to begin work at the time the call is scheduled to begin. Workers at the job site but unprepared to begin work at the scheduled call time may be considered tardy.

e. Tardiness will be fined $20.00 Written notice of the penalty is to be given to the worker by the Job Steward before the end of the work day. Additional fines or other penalties may be assigned by the Union’s Executive Board when a worker has accrued more than three “tardies” and/ or “no-shows” in a period of 6 months or less.

f. The worker understands that continued tardiness may be cause for dismissal by the employer as specified in the site/venue contract and/or working rules.

g. The Job Steward may try to replace the tardy employee at 10 minutes past the scheduled call time. If a replacement has been found before the tardy employee has arrived, the tardy employee will be replaced for the call. A worker who has been replaced due to tardiness will still be liable to the Union for the appropriate fine or other penalties determined by the Union’s Executive Board.

2. Any worker charged as “tardy” or “no-show” and fined or penalized for such charge has the right contest the charge, fine or penalty to the Union’s Executive Board in writing or in person.

a. Three charges of “tardy” and/or “no show” in a period of 6 months or less will result in a mandatory review of the worker by the Union’s Executive Board at their next regularly scheduled meeting. Any worker subject to such review will be informed of the time and date of the review by letter and by phone. Any worker subject to review by the Union’s Executive Board has the right to attend the Executive Board meeting at which they are being reviewed. They may present any information that they feel will help the Executive Board make a fair and informed decision.

b. After reviewing the worker’s “tardy” and “no-show” history, the Union’s Executive Board may decide to impose greater fines or penalties, including suspension from the Hiring Hall, for future “tardies” or “no-show” incidents by the worker in question. Written notice of these penalties will be provided to the worker at their last known address.

3. Any worker who receives three Employer Do Not Dispatch requests for Disciplinary reasons shall be expelled from the Hiring Hall.

4. Any worker who is expelled from the Hiring Hall will lose their Hiring Hall Dispatch List placement. They may re-apply to the Hiring Hall through Group E.

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The Union retains the right to amend these rules. A current copy of these rules may be requested from the Union office at any time.

I the undersigned have read the Worker Agreement and understand all its provisions. I have retained a copy for personal reference.

Printed Name:

Signature:

Date: