AGREEMENT - IATSE Local 632



AGREEMENT

This Agreement made this first day of November, 2017 by and between Bergen Performing Arts Center, Inc., located at 30 North Van Brunt Street, Englewood, New Jersey (hereinafter referred to as “Employer”) and International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 632 with its principal place of business at 205 Robin Road, Suite 202, Paramus, New Jersey (hereinafter referred to as “Union”); the parties hereto agree as follows:

1. Union Recognition

The Employer does hereby recognize the Union as the exclusive bargaining representative for all employees of the Employer who perform work under the jurisdiction of the Union as hereinafter described.

2. Scope and Jurisdiction

The scope of this Agreement and the jurisdiction of the Union shall extend to all carpentry, electrical, property, hydraulic, wardrobe and other related work traditionally falling within the jurisdiction of the Union in connection with all shows and attractions appearing in the main auditorium of the Bergen Performing Arts Center, including the “taking in”, “taking out”, loading, unloading, handling, assembling, and dismantling of any and all equipment involved in the presentation of any show or attraction including rehearsals and performances of every kind and nature.

Further, the Union's jurisdiction shall extend to the operation and maintenance of all house theatrical equipment including but not limited to audio, lighting, fly system, properties, and scenery.

Only employees represented by the Union shall install, operate and remove equipment falling within the above referenced categories except where (a) technical requirements dictate the operation of equipment by others; or (b) in the event the production involves a local community, educational, or non-profit organization under which circumstances such organizations shall be afforded the option of utilizing their own labor.

Nothing in this article shall limit the Employer’s ability to utilize its production staff to perform maintenance or improvements, accept deliveries and dispatch pick-ups, or to operate stage equipment on a case-by-case basis to be mutually agreed upon by the Employer and the Union.

3. Union Security

As a condition of continued employment, all employees covered under this agreement shall be required to tender to the Union such dues and initiation fees as are uniformly required as a condition of obtaining and maintaining membership on or after the thirtieth (30th) day following the commencement of their employment.

A. Upon written authorization from each employee, the Employer hereby agrees to deduct from the gross wages of employees by means of check-off the dues uniformly required. Such deductions shall be remitted to the Union no later than the twenty fifth (25) day of each month following the month of the deduction, by check payable to the Union. In addition, the Employer shall remit a report indicating the amount deducted from each employee and the amount of the wages earned.

B. The Employer agrees to terminate any employee upon written notification from the Union that such employee has failed to tender the periodic dues and initiation fees uniformly required.

C. The Union shall hold the Employer harmless for any claims, actions, or proceedings that may arise out of the implementation of this article. Once the funds have been remitted to the Union their disposition shall be the exclusive responsibility of the Union.

4. Staffing

A. The duties of the Head Electrician and Sound head shall be as follows:

- Assist the Technical Director and ATD in the maintenance of the house electrical/ sound systems.

-Serve as the Head Electrician / Head sound on all production calls.

-Operate the house lighting / sound console when required for all productions and events.

-Perform house maintenance or production duties as directed by the Technical Director.

B. Department Heads, apprentice other than House Staff, shall be employed on an as needed basis whenever the number of stage hands employed in a particular department exceeds four (4). In addition to the Head Audio and Head Electrician there shall be Department Heads in the carpentry, property, and wardrobe departments.

C. Apprentice, will be the sixth man needed when a non-technical stagehand position is needed. (rigger, sound, electrician, wardrobe, are technical positions) This position is created for an employee to grow into a more technical position with the BPAC and give the theater job security.

5. Minimum Calls

For the purposes of this Agreement "In House Productions" shall be defined as those productions which are produced by the Employer and for which the Employer is responsible for labor costs. "Rental Productions" shall be defined as those productions that are produced by any other organization and for which the Employer is not responsible for labor costs.

A. The minimum call period for In House Productions shall be as follows:

-Load-In: 5 hours

-Performance: 3.5 hours

-Load Out: 3 hours*

*Any additional Hands not on the Load-In shall receive a 4-hour Minimum on the Load Out.

B. The minimum call period for Rental Productions shall be as follows:

-Load-In: 4 hours

-Performance: 3.5 hours

-Load Out: 4 hours

C. Installation and removal of the stage thrust, when done immediately prior to a load in or after a load out, shall require a minimum one (1) hour call per row. The first row requires five (5) stage hands to install or remove. The second row requires four (4) stage hands. [This paragraph will be renegotiated in a side letter if and when the Employer replaces the current stage thrust system.]

D. Children's shows performed by non-profit organizations shall require a minimum six (6) hour call for one performance or eight (8) hours for two performances on the same day. Any additional time shall be paid on an hourly basis.

E. Local community groups, religious organizations or educational programs, and business meetings shall require only one four (4) hour call. Any additional time shall be paid on an hourly basis.

F. For the purposes of calculating hours beyond the minimum, fractions of an hour shall constitute one-half (1/2) hour of pay.

G. For live performances, minimum staffing shall consist of the Lead man, Head Electrician, Head Sound, plus two additional stagehands. It is the intent that Union and Management will meet preseason or with appropriate notice to determine specific productions for which the minimum call may be reduced to three stagehands, i.e. stand-up comedians, or simple orchestras. For shows added later in the season Union and Management will confer and agree on a case-by-case basis.

H. For recording only, minimum staffing shall consist of the Lead man and Head Audio, plus one stagehand for every two cameras and/or two recording crew in the theater. (The first two cameras and/or recording crew are covered man for man by the Steward and Head Audio.) In addition, the Head electrician (if not the Lead Man) will be on all calls where any lighting beyond work light is required. If any audience is present, normal live performance minimum staffing shall apply, plus one stagehand cover for every two cameras in the theater.

I. Work calls not part of a performance or recording day shall require a minimum of two (2) stagehands.

J. On shows that require a pre-hang outside the show day a restore call will be required with a minimum restore call to be mutually determined by both parties.

K. Staffing manpower for rehearsals is as follows: 2-stagehands if using no lights

3-stagehands if using lights

L. Staffing for comedy shows is as follows: 4-stagehands (3 + House Sound)

M. Staffing for 8 house educational programs will go from 5 to 4 people

(theater will attach the list of the 8 events)

N. Movie showing – There will be a six hour (6) minimum on all movies shown at the theater (Because this is new minimum man power has not yet been determined)

6. Wages:

A. The hourly wages of employees covered under this Agreement shall be as follows:

Year 1 Year 2 Year 3 Year 4

-Lead man /Sound head: $ $28.05 $28.33 $29.18

-LD/Head or stage Lead man: $23.97 $24.96 $25.21 $25.97

-Heads of Department: $21.18 $21.86 $22.08 $22.74

(Carpentry, Sound, Electrics, Wardrobe, Property)

-Riggers: $23.97 $24.45 $24.69 $25.43

-Stagehands: $20.06 $20.46 $20.66 $21.28

Apprentice (6th Man) 0 $17.50 $17.67 $18.20

The rigging rate shall apply to those individuals assigned to up-rig or ground rig on the load in and on the load out. The head rigger remains on the call at rigger rate as long as the rig is in the air.

B. Rates established in the contract are minimum rates, but management reserves the right to pay over-scale as it solely deems appropriate.

C. In the event a production is to be recorded in any manner for commercial release or broadcast, all persons working the show call shall receive $250 over and above the day’s wage. This does not apply to hard news media or archival (archival is one camera with a fixed position and no board hook ups)

7. Overtime:

A. Time and one half (1.5x) the applicable hourly rate shall apply under the following circumstances:

-All non-performance hours worked in excess of eight (8) per day.

-All hours worked in excess of forty (40) per week. It is agreed and understood that hours calculated towards overtime in excess of forty (40) hours will be computed as actual hours worked.

-All performance hours worked in excess of three-and-one-half (3-1/2) per show.

-All performances in excess of two (2) performances per day.

B. For the purposes of payroll, the work week shall commence on Monday at 12:01 AM and conclude on Sunday at midnight.

C. No stagehand can be taken off a call to avoid triggering overtime within that call day. On single shows for multiple days a stagehand cannot be removed for the purposes of avoiding overtime. However, staffing for any specific day beyond Steward, Head Lighting and Head Audio can be at the discretion of Theatre Management.

D. There shall be no pyramiding of overtime.

8. Meal Penalties

One additional hour of the prevailing hourly rate at the time the meal penalty is incurred shall be paid for each hour employees are required to work in excess of five (5) consecutive hours from the start of work or the end of the previous meal break. Performance hours are excluded from the calculation of consecutive hours. Audio Engineers on a day rate shall not receive a meal penalty.

9. Holidays

Double time (2x) the applicable straight time hourly rate shall be paid for all work performed on the following Holidays: New Years' Day, Easter, Memorial Day, July 4th, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas, and on Christmas Eve and New Years Eve all day.

10. Health and Welfare

The Employer agrees to remit seventeen percent (17%) of the gross wages of employees covered under the terms of this Agreement to the IATSE National Health and Welfare Fund. Such contributions shall be made on a monthly basis accompanied by a remittance report indicating the name of the employee for which the contributions are being made, the amount of the gross wages, and the amount of the contribution. The Employer further agrees to execute the standard IATSE National Health and Welfare Fund Participation Agreement.

11. Annuity

The Employer agrees to remit six percent (6%) effective of the gross wages of employees covered under the terms of this Agreement to the IATSE National Annuity Fund. Such contributions shall be made on a monthly basis accompanied by a remittance report indicating the name of the employee for which the contributions are being made, the amount of the gross wages, and the amount of the contribution. The Employer further agrees to execute the standard IATSE National Annuity Fund Participation Agreement.

12. Rules and Regulations

The Employer retains the right to adopt and enforce reasonable rules and regulations, not inconsistent with the terms of this Agreement, governing the conduct and activities of employees. Such rules and regulations must be promulgated in writing and distributed to the Union and the employees and all employees shall be obligated to comply with such rules and regulations.

13. Non-Discrimination

The provisions of this Agreement shall be applied equally to all employees. The Employer and

the Union agree there shall be no discrimination as to age, sex, sexual orientation, marital status, race, color, creed, national origin, political affiliation or union membership.

14. Grievance Procedure

Any question or dispute involving the interpretation or application of this Agreement shall be resolved by means of the following grievance procedure.

Step 1: The grievance must be filed in writing within twenty-four (24) hours of the start of the next event following the date on which the act, which is the subject of the grievance, occurred or on which the grievant should reasonably have known of its occurrence. The immediate supervisor shall render a decision in writing within three (3) days of his/her receipt of the grievance.

Step 2: If the grievance is not resolved at Step 1, the grievance shall be submitted to the CEO of the Theater within ten (10) days. After conferring with representatives of the Union a written decision shall be rendered within (5) days of such meeting.

Step 3: If the grievance is not resolved at Step 2, either party may submit the grievance to final and binding arbitration within fourteen (14) days of the receipt of the determination at Step 2. Arbitrations shall be referred to and adjudicated under the auspices of the New Jersey Board of Mediation.

Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance procedure.

The arbitrator shall be bound by the terms and conditions of this Agreement. The arbitrator shall have no authority to modify or alter the provisions of this Agreement or any amendment or supplement hereto. The decision of the arbitrator shall be final and binding on the parties.

Nothing contained in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration. The Union's decision to move the grievance to any step or terminate the grievance at any step shall be final as to the interests of the grievant and the Union.

15. No Strike/Lockout

During the term of this Agreement, or any extensions hereto, the parties agree that the Union, will not engage in or support any strike, work stoppage, slow down, or any job action and the Employer shall not lockout the employees.

16. Discipline and Discharge

No employee shall be suspended, demoted, or discharged by the employer except for just and sufficient cause. For the purposes of this provision just cause shall include being under the influence of alcohol or drugs, being in possession of illegal substances, willful destruction or theft of property, chronic lateness or absenteeism, and threatening or performing with malice physical harm against another individual.

17. Past Practices and Side Letters

In the event a question arises as to how a particular condition not specifically covered by this Agreement shall be treated, it is understood and agreed that past practice and precedent originally established shall prevail until such time as the Employer and the Union negotiate in writing a resolution of such question. All existing past practice and precedent has been entered into the body of this agreement. Any subsequent questions/clarification regarding conditions shall be acknowledged in writing upon mutual agreement. Additional agreements may be made and maintained as “side letters” with the consent of both parties.

18. Payroll

For the purposes of payroll administration the Employer may choose to utilize the services of 642 Payroll Services, Inc. Under such circumstances the Employer shall remit the amount of the gross wages and benefits due under the terms of this Agreement as well as an additional twenty-three percent (23%) of the gross wages for the purpose of covering the cost of statutory benefits, payroll taxes, and administrative costs. Such payment shall be due no later than fourteen (14) days from the date upon which the services were rendered. It is expressly understood that for the purposes of complying with Department of Labor regulations and to comply with New Jersey state overtime statutes, the employer of record is The Bergen Performing Arts Center. Payroll percentage could increase after accountant audit of company

19. Liability

In the event the employer chooses to utilize Article 18, above, 642 Productions, Inc. shall be held harmless for all acts or omissions on the part of the Employer or its agents. The Employer further agrees to indemnify 642 Payroll Services, Inc. under the provisions of its event liability insurance. Written proof of such insurance shall be provided upon request.

20. Term

This Agreement shall remain in full force and effect for a period of three (3) years, commencing on November 8, 2017, and will expire on November 8, 2020. At least sixty (60) days prior to the expiration date hereof, the Employer and the Union shall meet and confer to negotiate the terms and conditions of a new Agreement to take effect upon the termination of this Agreement.

The Employer and the Union, in affixing their respective signatures below, do hereby consent and agree, each with the other, to be bound by and adhere to all of the terms and provisions of this Agreement as set forth above.

Bergen Performing Arts Center IATSE Local 632

____________________________CEO ______________________________

____________________________CEO ______________________________

Date: ______________________ Date: _________________________

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