PROTECTION OF BARGAINING AUTHORITY AND BARGAINING Clause Samples
The 'Protection of Bargaining Authority and Bargaining' clause is designed to safeguard the rights and powers of a union or bargaining representative to negotiate on behalf of its members. In practice, this clause ensures that the employer recognizes the union's exclusive authority to represent employees in collective bargaining matters, and prevents any actions that might undermine or bypass this representation, such as negotiating directly with individual employees or other groups. Its core function is to maintain the integrity of the collective bargaining process, ensuring that employee representation remains unified and effective.
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING. UNIT WORK
3.1 This Agreement shall be binding upon the Union and the Employer signatory hereto and upon its subsidiaries engaged in the production of theatrical motion pictures and television motion pictures in British Columbia and the Yukon during the term of this Agreement, in which subsidiaries the Employer has a fifty percent (50%) or more financial interest, and upon all parties who by reason of mergers, consolidations, reorganizations, sale, assignment or the like during the term of this Agreement shall succeed to or become entitled to more than fifty percent (50%) of the Employer's business of producing such motion pictures in British Columbia and the Yukon. The parent of the Employer and any affiliate of such parent shall not be deemed a successor of or entitled to such business of the Employer solely because such parent and/or affiliate hold stock or equity interest in the Employer or any successor to the Employer. This paragraph shall not be applicable to the sale or assignment of distribution rights.
3.2 The Employer shall give notice of the existence of this Agreement to any successor, purchaser, assignee, transferee, or lessee, or the like, of the business and operation covered by this Agreement. The notice shall be in writing with a copy to the Union, and shall be given no later than the time the Employer executes a lease or other transfer device.
3.3 The Employer will not enter into any agreement with any other guild, union or labour organization with respect to the work in any category or job classification covered by this Agreement.
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING. UNIT WORK 8 Agreement Binding on Union, Employer, their Successors, etc 8 Conflicting Agreements 8 Notification of Change of Name or Address 8 Subcontracting 9 Union Access to Studio or Location 9 ARTICLE 4 — APPLICABLE LEGISLATION 10 Laws of British Columbia Apply 10 No Employer Discrimination 10 Employer’s Workers’ Compensation Obligations 10 Severability and Replacement of Invalid Provisions 10
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING. Conflicting Agreements 10 3.02 Notification of Change of Name or Address 10 3.03 Bargaining Unit Work 10
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING. Agreement Binding on Union, Employer, their Successors, etc 8 Conflicting Agreements 8 Notification of Change of Name or Address 8 Subcontracting 9 Union Access to Studio or Location 9 ARTICLE 4 - APPLICABLE LEGISLATION 10 Laws of British Columbia Apply 10 No Employer Discrimination 10 Employer's Workers' Compensation Obligations 10 Severability and Replacement of Invalid Provisions 10 ARTICLE 5 - MANAGEMENT’S RIGHTS 11 Reserved Management Rights 11 Employer Rules 11 No Demotions as Disciplinary Measure or Requirement to Retire Due to Age 11 ARTICLE 6 - UNION SECURITY 12 Good Standing 12 Assignment of Wages 12 ARTICLE 7 - HIRING 14 Hiring Rules 14 Work Permits 14 Approval by the Union 15 Non-Member Not to be Hired Without Union Approval 15 Displacement or Work Permit Fee 15 Termination of Employment for Failure to Remit Displacement or Work Permit Fee 15 Alternate Arrangements 16 Co-Production Treaties 16 No Requirement to Furnish Services or Equipment 16 ARTICLE 8 - STRIKES AND LOCKOUTS 17 No Strikes or Lockouts During Term of Agreement. 17 Employee May Refuse to Cross Picket Lines 17 ARTICLE 9 - CONSULTATION 18 Production Notice 18 Pre-Production Conference 18 Consultation Committee to be Established upon Request 18 Production Records 18 ARTICLE 10 - GRIEVANCE AND ARBITRATION 19 Direct Discussions of Problems arising at the Work-Site 19 Statement of Policy 19 Grievances Defined 19 Grievance Procedure 20 Arbitration 20 Rights and Duties of Arbitrators 20 Consequence of Failure to Meet Time Limits 21 Costs 21 Grievance Investigation and Recommendation Procedure 21 ARTICLE 11 - DGC CREWING 22 Director Required 22 Crewing 22 Order of Hire 22 Responsibility of Category Head 22 Preparation and Completion Time 23 Trainees 23 Duties not Assigned Outside Classifications 23 Location Scout 23 Production Assistant 23 Additional Photography 24 Dual Capacity 24 ARTICLE 12 - CLASSIFICATIONS 25 Directors 25 Production Management 25 Assistant Direction 26 Location Management 27 Production Assistants 27 General 27 ARTICLE 13 - DEAL MEMO 28 Deal Memo Required 28 Application to Existing Deal Memos 28 Provisions of Deal Memo Subject to Grievance and Arbitration 28 ARTICLE 14 - NOTICE OF LAY-OFF OR POSTPONEMENT 29 Lay-Off Defined 29 Notice of Lay-Off 29 Discharge 29 Replacement Pay 30 Recall for Services 31 ARTICLE 15 - REGULAR WORK DAY AND OVERTIME 32 Extended Work Day Premiums 32 Hourly Base Rate Defined 33 Over-Scale Rates 33 Stand-By Calls 33 Cancellation — Daily Employee...
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING. Conlicting Agreements 8 3.02 Notiication of Change of Name or Address 8
PROTECTION OF BARGAINING AUTHORITY AND BARGAINING