ARTICLE 1
AGREEMENT
- 1 THIS AGREEMENT is made this 10 day of October, 2006, through the 31st day of August, 2010, by and between Michigan State University (hereinafter referred to as the "Employer") of East Lansing, State of Michigan, and Lansing, Michigan Local No. 274 of International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artist and Allied Crafts of the United States, its Territories and Canada. (hereinafter referred to as the "Union").
ARTICLE 2
RECOGNITION
- 2 The University recognizes IATSE Local 274 as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, hours of employment, and other conditions of employment for employees as defined in Article 6, Sections A, B, and C and Article 9 (Recruitment and Selection), paragraph 57.
- 3 This Agreement shall apply to and cover stage employees, moving picture machine operators employed by the Employer in the city of East Lansing, Michigan. Such stage employees, moving picture machine operators shall, unless otherwise specifically designated, be referred to hereinafter as "employees." This Agreement shall apply to and cover regular full-time and regular part-time stagehand employees of Michigan State University, but exclude the Director of Performing Arts, Facilities and Programs; the Director of Breslin Student Events Center; and their designees; all other Michigan State University employees and students; and Productions sponsored by Residence Hall Association (RHA) in Residence Halls and Academic Buildings.
ARTICLE 3
RIGHTS OF THE EMPLOYER
- 4 Subject only to the limitations set forth in this Agreement, or in any written supplement to this Agreement, the Employer's right to manage its business shall be unimpaired. These rights shall include, but not be limited to, the right to hire, lay off, promote, suspend or demote, discipline, or discharge for proper cause, to determine the extent to which facilities are operated, including, but not limited to the services to be performed by the employees, and to extend, limit or curtail its operations when it may deem it advisable to do so. The Employer will not use the provision of this Article for the purpose of unlawful discrimination against any member of the Union.
ARTICLE 4
UNION SECURITY
- 5 All such employees currently members of the Union shall be required, as a condition of continued employment, to remain members of the Union during the term of this Agreement to the extent required by law. All such employees hereafter engaged shall be required, as a condition of continued employment, to become and remain members of the Union on and after the 30th day following the beginning of their employment. An employee who fails to become or to remain a member of the Union as herein provided shall be dismissed by the Employer immediately upon demand of the Union. Nothing contained herein shall, however, require the Employer to discharge or in any way to discriminate against any employee who has been denied membership or has had his/her membership in the Union terminated for any reason other than the failure of such employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.
- 6 The Employer agrees not to discriminate against any employee or applicant for employment by reason of membership in the Union or because of anything said or done in furtherance of the Union.
- 7 As the Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artist and Allied Crafts of the United States and Canada, AFL-CIO, CLC, nothing in this contract shall ever be construed to interfere with any obligation the Union owes to such International Alliance by reason of a prior obligation nor shall anything in this Collective Bargaining Agreement interfere with any obligation the Employer (the Director of Performing Arts, Facilities and Programs and/or the Director of Jack Breslin Student Events Center) has to Michigan State University. However, these conditions shall in no event be construed so as to conflict with any applicable State or Federal Laws.
-8 The Employer will not aid, promote or finance any labor group or organization that purports to engage in collective bargaining or make any agreement with any such group or organization for the purpose of undermining the Union.
ARTICLE 5
UNION DUES
I. Dues/Service Fee
- 9 The Employer will check off dues or service charges on the basis of individually signed voluntary check-off authorization cards in forms that have been agreed to by the Employer and the Union. Employees may tender membership dues or service charges by signing the proper authorization for check-off form, or may pay the same directly to the Union. Employees may cancel authorizations for checkoff of Union dues or service charges and make such payments directly to the Union.
- 10 The Employer shall have no responsibility for the collection of initiation fees and membership dues, or service charges, or any other assessments that are not in accordance with the Union Security Clause of the Agreement.
-11 As a condition of employment, each employee of the Bargaining Unit, on or before the 30th day after the effective date of this Agreement or on or before the 30th day after employment in the Bargaining Unit, whichever is later, and monthly thereafter, and each current employee, shall tender to the Union either periodic and uniformly required Union dues or, in the alternative, service fees based on said dues set forth in the Constitution and Bylaws of IATSE Local 274.
II. Checkoff
-12 The Employer, at the time of hire, rehire, reinstatement or transfer of an employee into the Bargaining Unit, shall apprise the prospective member of these provisions and shall present to her/him an Application for Membership, if necessary, and an Authorization for Checkoff of Dues, such forms to be provided by the Union.
-13 If the employee desires to join the Union, the employee shall complete the Application for Membership and submit it to the Union.
The employee shall also complete the Authorization Card for Checkoff of Dues and submit it to the Employer, with a copy to the Union.
-14 If the employee does not desire to join the Union, the employee shall complete only the Authorization card for Checkoff of Dues and submit it to the Employer, with a copy to the Union.
-15 If the employee desires to tender dues or fees directly to the Union, the employee will so indicate on the Authorization for Checkoff of Dues form, which the employee then shall transmit to the Union on or before the 30th day of employment with dues or fees equivalent to 12 months’ dues or fees. Adjustment of dues or fees shall be made at the end of 12 months from these receipts. Excess amounts then will be returned to the employee within 10 days of demand and insufficient amounts will require payment within 10 days of notice. Each year will again require deposit of such a sum by the procedure indicated above.
-16 During the life of this Agreement and in accordance with the terms of the authorization for Checkoff Dues, the Employer agrees to deduct membership dues or service fees levied in accordance with the Constitution and Bylaws of IATSE Local 274, the Union, from the pay of each employee who executes or has executed the authorization for Checkoff of Dues.
-17 The initial deduction for any employee shall not begin unless the authorization for Checkoff of Dues and the certification of the Union’s financial officer the amount of the periodic Union dues or service fees have been delivered to the Employer’s Payroll Department at least 15 calendar days before the affected payday.
-18 Deductions under all properly executed authorizations for checkoff shall become effective at the time such authorizations are tendered to the Employer and shall be deducted from the first (1st) pay of the month and biweekly thereafter. All monies deducted by the Employer shall be remitted to the Union’s financial officer no less than once each month as soon as possible after first pay of the month in which deductions were made, together with a list of current employees showing the amount of Union dues or service fees deducted from each employee’s pay. If Union dues or service fees are not deducted from the employee’s pay, the employer shall also indicate the amount of Union dues or service fees which should have been deducted from the employee’s pay, but were not.
-19 In cases where a deduction is made that duplicates a payment already made to Union by an employee, or where a deduction is not in conformity with the Constitution and Bylaws of IATSE Local 274, refunds to the employee shall be made by Union.
-20 The Employer shall not be liable to the Union by reason of paragraph 16 of this Agreement for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employee.
-21 The Employer shall not, during the life of this Agreement, deduct dues or service fees from employees in this Bargaining Unit for any organization other than the Union without the Union’s written permission.
-22 The Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with this Agreement.
III. Service Fees
-23 Any employee in the bargaining unit who does not make application for membership within thirty (30) days from the date of commencement of employment in the bargaining unit shall, as a condition of employment, pay to the Union a Service Fee in an amount not to exceed the dues and initiation fees uniformly required by the Union. The non-member may authorize payroll deduction for such fees in the same manner as provided for Union dues.
-24 By July 1 of each year or as soon as possible thereafter, the Union shall provide written notice to all non-members of the Service Fee, an explanation of the basis for the Service Fee, and certification that said fee includes only those amounts legally assessed by the Union.
-25 In the event the non-member shall not pay the Service Fee directly to the Union, or authorize payment through payroll deduction, the Employer shall, upon proper written notice from the Union, deduct the Service Fee from the employee’s wages and remit same to the Union pursuant to the conditions described in paragraph 26.
-26 A. The Union shall notify the employee by certified mail explaining that the employee is delinquent in not tendering Union Service Fees, specifying the amount of the delinquency and warning him/her that unless the delinquent fees are paid within ten (10) working days of such notice or unless arrangements are made with the Union for payroll deduction of Service Fees within ten (10) working days of such notice, the Union shall request that the Office of Employee Relations authorize deduction of Service Fees as provided in this Agreement.
B. If the Service Fees are not paid or arrangements for payment have not been made with the Union, the Union shall provide a copy of the letter sent to the employee and the following notice to the Office of Employee Relations at the end of the ten day period: The Union certifies that ____NAME____ has failed to tender the periodic and uniformly required Union Service Fees required as a condition of continued employment under the Collective Bargaining Agreement and demands that the Office of Employee Relations authorize payroll deduction of such Service Fees in accordance with the terms of this Agreement. The Office of Employee Relations shall notify the Payroll Office and the Union within ten (10) working days that the Union is authorized to receive the delinquent Service Fees from the employees through mandatory payroll deductions effective with the next payroll cycle. The Union shall notify Payroll of the names of the employees, amount of Service Fees owed and times of the deductions.
-27 Should the provision for payroll deduction of the Service Fee in paragraphs 25 and 26 above be found contrary to law, the parties agree to reinstate procedures for termination of employment for failure to pay Union Service Fees.
Termination of Limitation
-28 If an employee has tendered directly to the Union her/his membership dues or the service fee, or has a written authorization in effect requiring the deduction of dues or service fee, the employee shall not, under any circumstances, risk the loss of job because of a lack of good standing in the Union. The Union cannot cause the discharge of an employee who has resigned from or has been expelled by the Union for any reason other than her/his failure to tender the dues or service fee to the Union.
Disputes Concerning Compliance
-29 The Union shall protect and save harmless the Employer from any and all claims, demands, suits, and other forms of liability by reason of action taken or not taken by the Employer for the purpose of complying with this Agreement.
ARTICLE 6
WAGE RATES, BENEFITS AND CONDITIONS OF EMPLOYMENT
A. Regular Full-time Employees
-30 Regular full-time employees who are satisfactory to the University, shall be employed in the same manner as other employees situated in the Administrative-Professional Association bargaining unit, to be in charge of and utilized in the operation of the mechanical systems or attendant equipment and such other stage work in designated buildings on campus which shall be assigned to them by the Directors of Performing Arts, Facilities and Programs; and Director of Breslin Student Events Center, or other designated University official(s). Such full-time employees shall be employed in the same manner and subject to existing rules, regulations and benefits of the University relating to its employment of Administrative-Professional Association Personnel except as such benefits are improved herein. Employees classified as regular full-time and part-time will be eligible for special merit pay consideration.
The wage schedule for this Agreement will be prepared following the determination of the percent wage increase for each year, in conformance with the terms of the “Memorandum of Understanding between Michigan State University and the Coalition of Labor Organizations,”
Stage Managers - The hiring salary shall be commensurate with the demonstrated skills, background and experience. This is a single rate position and no pay adjustments other than specified in this Agreement shall be contractually required.
B. Regular Part-time Employees
-31 Regular part-time employees who are satisfactory to the University may be employed and payable in the same manner as other employees are paid, except that the rate of pay for this position shall be at least twenty-five (25) cents per hour more than the rate of pay for on-call personnel, except Forklift Operator and Rigger. Such employees shall perform duties as assigned by the Director or other University designated official(s). Such part-time employees shall be employed in the same manner and subject to existing rules, regulations and benefits of the University relating to its employment of nonacademic, part-time personnel, except as such benefits are improved herein. Such regular part-time employees shall be employed not less than 50% of full-time employment. (40 hours a week).
-32 The salary of an employee whose position is reclassified to a higher grade level shall be no less than the minimum salary of the higher grade level.
C. On-call Employees
-33 a. The Employer agrees to pay per hour rate not less than the following schedule of rates for the work performed.
Effective Effective Effective Effective
9/1/2006 9/1/2007 9/1/2008 9/1/2009
Base Hand Rate............................ $15.61 $15.77 $15.93 $16.09
House Staff Maintenance Rate $17.00 $17.17 $17.34 $17.51
Hair and Makeup
Department Head $25.51 $25.51 $25.77 $26.03
Hair Hand $22.18 $22.18 $22.40 $22.62
Special Skill Premium Rates
House Staff, Dept. Head, $18.73 $18.92 $19.12 $19.31
W/O Net, Video and Audio
Board Op’s (20% premium
over Base Hand Rate)
Light Board Op, Forklift $17.17 $17.35 $17.52 $17.70
And In-Costume (10%
premium over Base Hand Rate)
Master Elec., Slide Proj., $16.39 $16.56 $16.73 $16.89
Flyman (5% premium over
Base Hand Rate)
Rigger Rates
Wharton Center and Auditorium
............................................... $18.64 $18.83 $19.02 $19.21
Breslin Center
Up.......................................... $27.52 $27.80 $28.08 $28.36
Down..................................... $20.88 $21.09 $21.30 $21.51
Munn
Up.......................................... $23.80 $24.04 $24.28 $24.52
Down .................................... $18.05 $18.23 $18.41 $18.59
Jenison
Up.......................................... $30.35 $30.65 $30.96 $31.27
Down..................................... $23.00 $23.23 $23.46 $23.69
Base Hand Rate:
For assigned positions as: Carpenter, Electrician, Followspot Operator, Assistant Electrician, Grip, AV Tech, Camera Operator, Property Person, Wardrobe, Maintenance, other work.