TRADE SHOW INDUSTRY PROJECT AGREEMENT
PROJECT:______________________________________ STARTING DATE:___________________________
VENUE:____________________________________ ENDING DATE:___________________________
The Company signatory to this Tradeshow Industry Project Agreement (“P.A.” or “Agreement”), hereby agrees to be bound by all the Articles, Sections, Appendices, Addendums, Schedules and Side Letters of the current Collective Bargaining Agreement between the Tradeshow Industry and Teamsters Local 986, an affiliate of the International Brotherhood of Teamsters Local 986, an affiliate of the International Brotherhood of Teamsters (“T.I.A.” or “Agreement”), except as modified herein.
1. Appendix A is attached hereto and made a part hereof and sets forth a portion of the Company’s modified obligations under Articles II and VI of the T.I.A.
2. Appendix B is attached hereto and made a part hereof and sets forth a portion of the Company’s wage, overtime, parking and pay guarantee obligations.
3. Appendix C is attached hereto and made a part hereof and sets forth the Company’s obligation to make pension contributions.
4. CASHIER’S CHECK:
a. The company signatory to this Letter of Agreement shall provide a Cashier’s Check thirty (30) days before the move-in date in the amount of sixty thousand dollars ($60,000.00) prior to the commencement of any work within the terms of this Agreement.
b. The above Cashier’s Check shall secure the payment of wages and benefit of those workers employed by the signatory Employer for an exhibitor or convention client. In the event that the signatory Company acts as a payroller for another Company, then the signatory Company must post an additional Cashier’s Check in the amount of sixty thousand dollars ($60,000.00) for each other Company for which the signatory Company acts as a payroller.
5. The personnel acquired locally will be offered work according to the Convention and Tradeshow Agreement Crossover language. Additional personnel needs will then be Casuals listed with the Los Angeles companies. The last people worked will be Casuals from outside of the Los Angeles Area.
a. All members/casuals referred or used must be in good standing with Local 986.
b. The Company may request a seniority list of regular members from Local 986.
c. The Union shall appoint the Show Foreman.
COMPANY: ____________________________________ TEAMSTERS LOCAL 986, an Affiliate of the
International Brotherhood of Teamsters
ADDRESS: ____________________________________ 1198 Durfee Avenue
South El Monte, California 91733
CITY/ST/ZIP: __________________________________
TELEPHONE: __________________________________ TELEPHONE: (626) 350-9860
FAX:_________________________________________ CELL PHONE:_________________________________
CELL PHONE:_________________________________ FAX: (626) 448-0986
SIGNATURE:__________________________________ SIGNATURE:__________________________________
PRINT NAME: _________________________________ PRINT NAME: _________________________________
TITLE:_______________________________________ TITLE:_______________________________________
DATE: _____________________________________ DATE: _____________________________________
APPENDIX A
2.1. a. The Employer recognizes the Union as sole and exclusive Collective Bargaining agent for all employees covered by this Agreement, and enumerated in the Job Classifications and Wage Rates as contained in Appendix “A” within the jurisdiction of the Union in the counties of: Los Angeles, Orange, Riverside, Santa Barbara, San Bernardino and Ventura. The geographic jurisdiction of the Union shall not be modified or amended except by mutual written agreement of the parties. Jurisdiction disputes shall be resolved in accordance with the grievance and arbitration procedure.
b. This Agreement covers work that includes, and depending upon assignment, is not necessarily limited to, driving trucks, operating forklifts, use of related freight handling equipment under the control of the Employer; crating, uncrating, loading, unloading and transferring of freight, including empty containers (with the exception of Exhibitor’s hand carry items that are defined as small packages carried by one person in one trip to the show floor); the foregoing is in accordance with current practices.
c. Rigging work, as currently performed, shall continue to be performed by employees covered by this Agreement so long as the Employer can reasonably make available the required tools and equipment and there are an adequate number of qualified employees trained in the required rigging procedures.
d. The staging of trucks from the marshalling area to the Convention Center Dock, as currently performed, shall be performed by Employees of this Agreement.
2.2. Change of Business: In the event of a sale, sale of assets, consolidation, merger, assignment or transfer of majority control or of the business of any part thereof or any other change of ownership of the business of the Employer, the purchaser, assignee or transferee shall be bound by this Agreement.
2.3. Remedy for Change: Should the purchaser, assignee or transfer referred to in Section 2.2 refuse to be bound by this Agreement, the Employer agrees to indemnify all employees subject to this Agreement and shall abide by all wages, hours and working conditions for the term of this Agreement.
2.4. Notice to Purchaser: The Employer shall notify any potential purchaser, assignee or transferee of the foregoing provisions relative to the purchase, assignment, transfer, consolidation or merger, etc., of the business of the Employer.
2.5. Work Preservation: For the purpose of preserving work and job opportunities for the employees covered by this Agreement, the Employer agrees that all work covered by this Agreement shall consist of:
a. All work currently performed by bargaining unit employees or presently assigned to the Employer by another company shall continue to be performed by said employees in accordance with established past practices.
2.6. Work Preservation Intent: The Employer shall not subcontract any of the preserved work other than to the extent that it is presently being performed.
2.7. a) Crossover: The Company shall make every attempt to utilize regular employees of any Employer signatory to this Agreement before utilizing Casual employees, providing all Regular employees desiring to work make their availability for work known to the Company by 1:30 p.m. of the day preceding the job assignment, Monday through Friday.
b) The Company shall make every reasonable attempt to utilize “B” list employees after exhausting the “A” list, providing such “B” list employees desiring to work notify the Company of their availability by 2:00 p.m. of the preceding day, Monday through Friday.
c) Regular “A” List retirees may make themselves available for work as a crossover employee and shall receive applicable “A” List wage rates.
2.8. Employer of Another Signatory: When an employee of another signatory to the labor agreement works for the Employer as a Crossover, he shall receive the rate of pay in the classification for which he works as if he were a Regular employee.
2.9. A, B, C, D List:
a. The "A" list shall consist of employees who are presently Regular employees of the Company, and also Regular employees of other companies who are signatory to this Agreement.
b. When work is available, the Employers will first use their Regular employees, and then use Regular employees of any Employer signatory to this Agreement, before utilizing "B" workers, provided regular employees of other Employers desiring to work make their availability for work known to the Company by 1:30 p.m. of the day preceding the job assignment.
c. After exhausting the "A" list, the Employer must then utilize "B" list workers.
d. The "B" list shall consist of employees working in the Tradeshow and Convention Industry a minimum of 950 hours in the preceding calendar year and such status can only be maintained by working 950 hours in each successive calendar year. An Employer’s preferred “B” list shall consist of those employees who worked a minimum of 950 hours in the preceding calendar year for that individual Employer. Such 950 hours work for preferred status may only be waived by the joint Training Committee at the request of an Employer and the Union. The Employer’s assignment of work to available preferred “B” list employees shall be by giving preference to those with the earliest calendar year of placement on the preferred “B” list, subject to the required skills and ability for the work to be performed. In the event a preferred “B” list employee is bypassed for work they are qualified to perform, such employee shall be considered as first preference for the subsequent days work. If such employee is again bypassed, it shall be subject to the grievance procedure.
e. The “C” list shall consist of employees working in the Tradeshow and Convention Industry who are members in good standing of the Union and have completed the minimum training and qualification requirements as determined by the Joint Training Committee. All “C” list employees must notify the Employer of their desire to work by 2:30 p.m. of the preceding day, Monday through Friday. The Union shall provide the Employers a list of eligible “C” list members on the first workday of each month.
f. The “D” list shall consist of individuals used as supplemental workers. The Joint Training Committee shall determine any necessary training and qualifications for the “D” list. “D” list employees shall pay $7.00 per day to the Union as casual dues.
g. Each employer signatory to this agreement shall provide the Union with a list of all employees’ names, social security numbers, classifications and hours worked for the previous month so that an accurate list can be made and maintained.
h. In the assignment of the Association, the Employer shall first offer such work to regular seniority “A” list employees in order of seniority. Employees accepting the assignment must be qualified to perform the work and shall not be subject to displacement by more senior employees for the duration of the particular show. In the event no regular “A” list employee accepts the assignment, the Employer shall select and assign a qualified “B” list employee to such work, and such “B” list employee shall not be subject to displacement by a seniority employee for the duration of that particular show. In the event no regular “A” list or qualified “B” list employee accepts the assignment, the Employer shall select and assign a qualified “C” list employee to such work, and such “C” list employee shall not be subject to displacement by a seniority employee for the duration of that particular show.
Each company signatory to the P.A. shall contribute fifty cents ($.50) per hour, for each hour paid or worked by employees covered by the Agreement to the Teamsters Union Local 986 Convention Trades Training Trust (“Trust”). The Company and the Union shall be bound to the Trust’s Agreement and Declaration of Trust, as amended from time to time by the Trust as though they had actually signed the same.
6.1. When any employee employed as of the effective date of this Agreement reports for duty, the employee shall be guaranteed eight (8) hours pay for each day worked Monday through Friday, four (4) hours pay on Saturday and six (6) hours pay for work on Sunday at rates hereinafter agreed, except in cases where an employee voluntarily leaves his work.
6.2. WORK TIME: All employees are to be compensated from the time they start working on any day until discharged from duty at the end of the day, excepting time out for meals. All time lost through no fault of the employee in starting to work shall be considered work time. The meal period shall be not less than one-half (1/2) hour and no longer than one (1) hour per meal, at the Company’s discretion. Meal periods shall be taken and completed during the fourth (4th) and fifth (5th) hours of work, unless otherwise agreed.
APPENDIX “A-1”
JOB CLASSIFICATIONS AND WAGE RATES
1. Double time shall be paid on Saturday and Sunday.
2. Double time and a half shall be paid on Holidays.
Regular Holidays: The following days are agreed upon as regular holidays for all regular employees covered by this Agreement:
New Year's Day
Washington's Birthday (President’s Day)
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Day before Christmas
Christmas Day
Employee's Birthday
Veteran’s Day
If any of these holidays fall on a Sunday, it shall be observed on the following Monday. If any of these holidays fall on a Saturday, it shall be observed on the preceding Friday.
3. Double time paid after 8:00 p.m. and after twelve (12) hours.
4. One overtime hour shall be paid as drive time to all Teamsters.
5. Before 7:00 a.m. paid at time and a half.
6. 4:30 p.m. to 8:00 p.m. paid at time and a half.
7. Member to be reimbursed for parking, providing he has a parking ticket.
8. The Show Foreman shall be paid the current “A” Foreman hourly rate plus ten (10%) percent.
9. There shall be a daily minimum guarantee of eight (8) hours for each day worked Monday through Friday, four (4) hours pay on Saturday, 6 hours pay on Sunday.
APPENDIX "C"
PENSION PLAN
Commencing with the month of April 2007, the Employer agrees to pay into the Western Conference of Teamsters Pension Trust Fund, for the account of each employee working under this Agreement, a monthly sum computed as follows:
a. $1,409.95 for each employee on the payroll during the full calendar month who has worked a minimum of 160 hours and up to 173 hours per month. Hours worked in excess of 173 in a month shall be at the amount of $8.15 per hour up to a maximum of twenty-eight hundred (2800) hours in a calendar year.
b. For each employee not covered under 'a' above, payment shall be at the rate of $8.15 per hour up to a maximum of twenty-eight hundred (2800) hours in a calendar year.
The sum of $8.15 for each hour for which compensation
is paid to him, said amounts to be computed monthly.
The above contribution(s) are comprised of $7.00 for base pension coverage and $1.15 for the purpose of providing the PROGRAM FOR ENHANCED EARLY RETIREMENT (PEER), for the Bargaining Unit employees. The contributions required to provide the Program for Enhanced Early Retirement will not be taken into consideration for benefit accrual purposes under the Plan. The additional contribution for the PEER must be at all times 16.5% of the basic contribution and cannot be decreased or discontinued at any time.
Time paid for but not worked, such as holidays and vacation time, shall be considered as time worked for the purpose of this paragraph.
The total amount due for each calendar month shall be remitted in a lump sum not later than ten (10) days after the last business day of such month. The Employer agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts, and the accurate reporting and recording of such hours and such amounts paid on account of each member of the bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement.
All part-time employees will have pension contributions made by the Employer in accordance with the Western Conference of Teamsters Trust Agreement.