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Buffalo Job Referral Procedure Stage Employees Local NO. 10

Revised March 2015

A list . B list . C list . D list . E list . I List . U List
- Getting on the list

All persons who are available for referral to jobs within the geographic jurisdiction of Buffalo, New York Local Union No. 10 I.A.T.S.E. (hereinafter the "Local"), shall be placed on the A, B, C, D, E, I or U List, as the case may be, and referred to available jobs in accordance with the following procedure:

A List:

All persons who are regularly available for referral to jobs within the Local's jurisdiction and who are not otherwise employed either as a stage employee of the Local or any other job. Persons on this list must also meet the following requirements:

  1. Be a resident in the geographic jurisdiction of the Local for five (5) consecutive years.
  2. Have five (5) years experience as a stage employee, consisting of $16,000 of income each year in the industry for two (2) consecutive calendar years followed by $26,000 of income each year in the industry for three (3) consecutive calendar years. This income is to be derived from jobs referred by the Local 10 Business Agent or his designee, or from employment in a permanent position under and as defined by a contract with IATSE Local 10.
  3. Have a passing grade on a Stage Employees' Journeymen Qualification Test given by a duly constituted local union of the I.A.T.S.E.
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B List:

All persons who are regularly available for referral to jobs within the Local's jurisdiction and who are not otherwise employed either as a stage employee of the Local or any other job. Persons on this list must also meet the following requirements:

  1. Be a resident in the geographic jurisdiction of the Local for two (2) consecutive years.
  2. Have two (2) years experience as a stage employee, consisting of $16,000 of income each year in the industry for two (2) consecutive calendar years. This income is to be derived from jobs referred by the Local 10 Business Agent or his designee, or from employment in a permanent position under and as defined by a contract with IATSE Local 10.
  3. Have a passing grade on the Stage Employee Apprenticeship Qualification Test and be in the process of successfully completing the different stages of the Apprenticeship Training Program or have a passing grade on a Stage Employees' Journeymen Qualification Test given by a duly constituted local union of the I.A.T.S.E.
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C List:

All persons who are regularly available for referral to jobs within the Local's jurisdiction on a regular part-time basis and who are otherwise employed either as a stage employee by the Local, or in any other employment in or out of the industry. Persons on this list must also meet the following requirements:

  1. Be a resident in the geographic jurisdiction of the Local for two (2) consecutive years.
  2. Have two (2) years experience as a stage employee, consisting of $16,000 of income each year in the industry for two (2) consecutive calendar years. This income is to be derived from jobs referred by the Local 10 Business Agent or his designee, or from employment in a permanent position under and as defined by a contract with IATSE Local 10.
  3. Have a passing grade on the Stage Employee Apprenticeship Qualification Test and be in the process of successfully completing the different stages of the Apprenticeship Training Program or have a passing grade on a Stage Employees' Journeymen Qualification Test given by a duly constituted local union of the I.A.T.S.E.

This list will be arranged on the basis of years of service, as a stage employee within the Local's geographic jurisdiction and persons will be referred on a rotating basis starting with the most senior person at the beginning of the workweek. Persons on the list who cease to be employed and who meet the requirements for placement on the A List or the B List, shall be placed on the A List or the B List at the termination of such employment according to their seniority as a stage employee within the Local's geographic jurisdiction.

The referent must report the list change 10 business days prior to termination of employment to the call steward for placement on the A or B Lists. If the referent does not give adequate notice then he or she will be moved when the next list is published.

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D List:

All persons who are regularly available for referral to jobs within the Local's jurisdiction on a regular part-time basis and who are otherwise employed either as a stage employee by the Local, or in any other employment in or out of the industry and who otherwise do not qualify for placement on the A, B, or C Lists. Persons on this list must also meet the following requirements:

  1. Have two (2) years experience as a stage employee, consisting of $6,000 of income in the industry for the prior two (2) consecutive calendar years. This income is to be derived from jobs referred by the Local 10 Business Agent or his designee, or from employment in a permanent position under and as defined by a contract with IATSE Local 10.
  2. Be in the process of successfully completing the different stages of the Apprenticeship Training Program or have a passing grade on a Stage Employees' Journeymen Qualification Test given by a duly constituted local union of the I.A.T.S.E.
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E List:

All persons who are regularly available for referral to jobs within the Local's jurisdiction on a regular part-time basis and who are otherwise employed either as a stage employee by the Local, or in any other employment in or out of the industry and who otherwise do not qualify for placement on the A, B, C, or D Lists.

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I List:

All persons on any list that have been available for work in the past that have accumulated the required five (5) years seniority to be vested and have not accepted a call in the last ninety days or more but has worked in the last year. This list will be considered inactive.

All I List persons will be responsible to notify the call steward if their level of commitment changes and then they will be placed on their appropriate list.

U List:

All persons on any list that have been available for work in the past that have accumulated the required five (5) years seniority to be vested and are unavailable due to such reasons as working out of town or on the road.

All U List persons must contribute work assessment to the Local in the year or years on the U List or they shall not accrue seniority for years in which there is no work assessment contributed to the Local.

All lists will be arranged on the basis of years of service, as a stage employee within the Local's geographical jurisdiction and persons will be referred on a rotating basis starting with the most senior person at the beginning of the workweek.

For the purposes of equity, continuity, incentive and efficient administration of the referral system, all lists will rotate on a weekly basis, the week running from 12:00 a.m. Monday through 11:59 p.m. Sunday.

For referral purposes, any referent working under a Local #10 contract on a particular day will not work twice until all referents have had the opportunity to work at least once.

It is the responsibility of the referent to report any address changes or phone number changes to the calling steward.

Requests for list advancement shall be put in writing and submitted to the Local for review. List advancement requests will be reviewed by the Executive Board and a written response sent within 7 days of said review.

All referents will be placed on their lists according to the income/availability first, then their start date and finally alphabetical order. Those referents with the same start date on the same list will rotate as follows:

If the workweek starts and ends in two different months, the alphabetical order of the month that started the week will be used.

For A and B List purposes otherwise employed may be defined as not having another job, and having the ability to collect unemployment benefits. Seasonal work that does not allow you to collect unemployment benefits will not qualify the referent for A or B list status.

The Executive Board of the Local may waive the requirements of the consecutive years of service of employment in the industry where it is shown to the Board's satisfaction that the employee has the requisite number of years of service and his failure to meet the requirement of consecutive years of employment is for good, and sufficient reason, uniformly applied, such as illness, disability, service in the armed forces of the United States or other similar reason.

All applicants for job referrals must be at least eighteen (18) years of age and have a high school diploma or its equivalent, and must register with the local. All persons on or applying for placement on the job referral list must have a telephone at his residence or be able to be reached at any time of day. Starting in 2004 industry seniority for the purposes of job referrals shall be determined by the pay period ending (PPE) on their earliest check stub for the work performed in the geographical jurisdiction. Prior to 2004 seniority will be determined on a yearly basis with a start date of 1/01 of the year of employment for work performed in the geographical jurisdiction.

Any applicant receiving their first referral from this referral procedure shall be subject to a six (6) call probationary period and shall be placed on a probationary referral list. The lead man at the venue where the probationary applicant is sent on a job referral will evaluate the applicant's performance and submit a completed job performance evaluation form to the Executive Board. Upon receiving six (6) job evaluation forms; of which no more than five (5) may be turned in by any one lead man, the Executive Board will review those forms and determine if the probationary applicant is qualified to continue receiving calls or should be dropped from the referral list. If the executive board approves the applicant, the applicant will have the choice of applying for membership with the Local or choosing financial core status. All non-members placed on IATSE Local #10 referral lists shall submit a quarterly non-refundable Agency fee of 53 dollars. This fee is to be paid upon the first day of every quarter to maintain your placement on Local #10 referral lists. All new applicants will be placed on the list for which they are qualified, i.e. they meet the requirements of such list. If the Executive Board does not approve the probationary applicant, the applicant will be removed from the referral list and will no longer be eligible for referrals via this job referral procedure. Every probationary applicant will be advised in writing of their status and may, within thirty (30) days of receipt of the decision, request and be granted the opportunity to meet with the Executive Board to personally appeal the decision. If no written request for a personal appeal is received within thirty (30) days, the applicant waives any further opportunity of appeal. The applicant may re-register for job referrals and may be referred at the discretion of the Executive Board.

All persons referred to work must pay 4% of gross wages earned from each referral to I.A.T.S.E. Local # 10 for the purpose of reimbursing Local # 10 for expenses incurred in making job referrals. Such payment shall be due and payable by the last Tuesday of each month. Employees failing to pay the job referral fees by the last Tuesday shall be notified of their delinquency by mail to their last known address. If this fee is not paid by the last Tuesday of the following month the delinquent employee shall be dropped from the job referral list and he will no longer be eligible for job referrals. In addition, he will not accrue seniority during such period of delinquency. Delinquents will not be reinstated on the referral list until they have tendered the full job referral fee which is due and owing I.A.T.S.E. Local # 10.

Employees who perform no work as a stage employee within the jurisdiction of the Local for one (1) year or more except as a result of disability or service in the armed forces of the United States shall be dropped from the referral list on which their name appears and shall lose all accrued seniority for job referral purposes. Such persons may again be placed on the appropriate referral list but shall be considered as a new applicant: except that those employees who have been employed for more than five (5) years as a stage employee within the Local's geographic jurisdiction shall retain all accrued seniority but shall not accrue additional seniority during break in service.

In filling all job requests the Local will first go to the A List. If all requests are not filled from the available persons on the A List, the Local will go to the B List. If all requests are not filled from the B List, the Local will then go to the C List. If requests are still not filled the Local will then go to the D List. If all requests are not filled from the D List, the Local will then go to the E List. When all persons on any given list have the opportunity to work on any given day, referrals will begin at the top of that list for the next workday. No one will have the opportunity to work two (2) jobs or call in one day unless everyone on the list has been offered an opportunity to work (the list will be exhausted). If a particular list is not exhausted, the next day that list is activated referrals will begin where the rotation stopped. At the beginning of each week all lists will rotate back to the top of each list. When an employer requests an employee having a particular skill (e.g. sound operator, spotlight operator, etc) the Local will refer the next qualified person in order of rotation.

The only exception to the above will be when an individual is requested because he posses unique skills or tools for a specific job, or when riggers are requested on the takeout of a show. In this case the same riggers who hang a show will have the first option to work the takeout. Employees working multiple day events may be temporarily replaced if they are calling off for a valid excuse, which is expressed at the time they take the call. Valid excuses would be a doctor's appointment, a wedding or funeral of an immediate family member and so forth. However, employees having a valid excuse will not be placed on key jobs where the employee is required straight through. Employees may not quit the job in order to take another unless requested by the Local. Out calls for separate day events will not be treated as separate calls and will be filled when the in call is being completed. Any referent who works every day of a load-in will receive priority status for the show call and load-out of the same event. Out calls for one day events will not be treated as separate calls and no bumping will be allowed.

Any referent that fails to report to work on time will automatically receive a written verbal warning informing them of their first time tardiness. They will be called in front of the Executive Board the second time they fail to report to work on time to discuss the problem. The referent may be subject to a one-month suspension from the referral list. They can be automatically be suspended from the referral list for three months after the third incident. Any tardiness after the third time in any twelve-month period the referent can be dropped from the List.

Referents that accept a call and give less than twenty-four (24) but greater than six (6) hours notice that they are canceling any work shall be subject to a fine of twenty-five (25) dollars for each incidence. Referents who give less than six (6) hours notice that they are canceling any work shall be subject to a fine of twenty-five (25) dollars. The second time in a twelve month period that less that six (6) hours notice is given the referent shall be subject to a fine of seventy-five (75) dollars and shall be suspended from the Referral List for one week. The third time in a twelve month period that less that six (6) hours notice is given the referent shall be subject to a fine of seventy-five (75) dollars and shall be suspended from the Referral List for two weeks. Subsequent incidences in a twelve month period that less that six (6) hours notice is given the referent shall be subject to a fine of seventy-five (75) dollars and shall be suspended from the Referral List for one month. Call-offs for work received less than twenty-four (24) hours before the start time will be considered violations of this paragraph.

Any referent that fails to report for work and does not give advance notice shall be subject to a fine of one hundred twenty-five (125) dollars. Any referent that fails to report to work for the second time in a twelve month period without advance notice shall be subject to a fine of one hundred twenty-five (125) dollars and shall be suspended from the Referral List for one month. Any referent that fails to report to work for the third time in a twelve month period without advance notice shall be subject to a fine of one hundred twenty-five (125) dollars and shall be suspended from the Referral List for three (3) months. Any referent that misses four (4) calls in a twelve month period without giving advance notice shall be dropped from the Referral List. A referent can be called in front of the Executive Board at any time to explain their failure to report to work.

Appeals to any fine or suspension should be submitted to the executive board in writing postmarked no later than 30 days after the date on the letter of first notice. Successful appeals are not counted in considering future judgements.

Proposed alterations of or amendments to the IATSE Local #10 Buffalo Job Referral Procedure shall be made in writing and have readings with discussions at three (3) consecutive regular meetings, at the last of which same must receive the favorable vote of at least two-thirds majority of the members present in order to pass. To ensure legal compliance, all changes are to be reviewed and evaluated by the Local #10 attorney.

Rules Of Conduct And Appeals

The rules of conduct are as follows:

The lead man/steward on the call shall be responsible for reporting, within seven (7) days, any infractions of the above regulations, however any person may do so.

The rules of appeal are as follows:

  1. The Business Agent shall give due notice to the referent to be disciplined in order that he or she may attend the next regularly scheduled Executive Board meeting in order to present his or her case. If the referent fails to appear the Executive Board will decide the case in his or her absence.
  2. The Executive Board (with the Business Agent abstaining) shall enforce or reject said violation of the aggrieved referent.
  3. The referent may appeal the decision of the Executive Board to the membership at the regularly scheduled monthly meeting immediately following the Executive Board session at which the case was heard. By secret ballot (with the Executive Board abstaining) the membership will vote to uphold or reject the Executive Boards decision by simple majority.
  4. If the referent is not satisfied with the decision of the membership, the employee must initiate a demand for labor arbitration with the American Arbitration Association within fifteen (15) days that the notification of the finding of violation was placed in the regular U.S. Mail. A copy of this demand must be simultaneously submitted to Local # 10.
  5. The decision of an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be final and binding on all parties.
  6. Failure of the referent to file a timely appeal in any step of the appeal process or a timely demand for arbitration shall be construed as acceptance of the Local # 10 decision to discipline and the arbitrator shall have no authority to consider any such untimely submitted appeal or demand.
  7. The administrative costs of the American Arbitrator Association and the arbitrator's fee for services shall be borne exclusively by the non-prevailing party. For purposes of this provision, the referent shall be considered the non-prevailing party unless the arbitrator sets the discipline aside entirely.

As used in this referral procedure, masculine pronouns and relative words shall be construed to include the female gender.

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