ARTICLE A-XIV DAILY EMPLOYMENT
(a) The Company shall have the right to hire persons on a daily basis, provided, however, that the total number of days worked by such persons in any calendar year may not exceed fifty percent (50%) of the number of days paid to regular engineering employees during calendar year 1996.
(b) At each office of the Company, the Company shall give consider- ation for daily employment in the studio to any laid-off engineering employee with recall rights from such office who notifies the Company at the time of his or her layoff, and each six (6) months thereafter, that he or she desires to perform work on a daily basis in the separate seniority group from which he or she was laid off and who, in the sole judgment of the Company, possesses the skills and abilities necessary to perform the specific work involved.
(d) The Company will provide each Local Union and the Sector, on a monthly basis, with a report containing information regarding persons hired on a daily basis, including each such person’s name, address, telephone number, Social Security number, itemized gross earnings, dates of employment, total number of hours worked per each day of employment, classification and the applicable scheduling office.
(e) The Company shall advise each person hired on a daily basis of his or her obligations pursuant to Section 3.1(b) at such time as he or she is first engaged, and will furnish such person with a copy of Article A-XIV.
(a) The Company may engage persons on a daily basis to work a mini- mum of four (4), six (6), eight (8) or ten (10) hours on any day at the daily rate(s) set forth in Section A14.5. Daily hires may be assigned at such rate(s) for any four (4), six (6), eight (8) or ten (10) consecutive hours within any twenty-four (24) consecutive hours, provided that for the hours referred to in Article X, such persons shall receive additional compensation as provided in that Article. At the time of engagement, the Company shall specify the length for each day(s) of the engagement. The Company shall have the right to mix four (4), six (6), eight (8) and ten (10) hour engage- ments, where applicable. The ten (10) hour rate shall apply only in the field.
(b) Any work performed by persons engaged on a daily basis in excess of eight (8) hours in any day (except for those hired at the ten (10) hour rate), or in excess of forty (40) hours in a regular work week (which shall be defined as beginning at 12:01 AM Saturday and continuing until 12:00 Midnight the following Friday), and any work performed on New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day (last Monday in May), July Fourth, Labor Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day, shall be regarded as overtime and compensated at one and one-half (1 1⁄2) times the regular rate of pay hereunder. In addition, except for those daily hires hired in the field at the ten (10) hour rate, any work performed by persons engaged on a daily basis on New Year’s Day, Presidents’ Day, Memorial Day, Thanksgiving Day and Christmas Day, shall be compensated at a rate equal to two (2) times their straight-time rate of pay for all overtime worked on any such holiday. Effective calendar year 2014, Labor Day shall be substituted for Presidents’ Day.
For daily hires hired in the field at the ten (10) hour rate, compen- sation at the rate equal to two (2) times shall not commence on the holidays worked (as enumerated in the preceding sentence) until after the tenth (10th) hour of work. The regular hourly rate of pay for persons engaged on a four (4), six (6), eight (8) or ten (10) hour basis, shall be, respectively, one-fourth (1/4), one-sixth (1/6), one-eighth (1/8) or one-tenth (1/10) of such rates. Persons hired on a four (4) hours basis shall be paid at a rate equal to one-fourth (1/4) the four (4) hour rate for time worked in excess of four (4) hours but less than six (6) hours. Persons engaged at the ten (10) hour rate shall be paid for hours worked in excess of ten (10) in a day, excluding meal periods (except on Sports remotes where the meal period shall remain included), at the rate of one and one-half (1 1⁄2) times the regular rate. In no case shall overtime accrue on overtime. Penalties shall not be considered overtime or part of the base pay.
Except on Sports remotes, the paid one hour meal period shall not be considered time worked for any purpose including overtime and premium pay on the above-referenced holidays.
(See Sideletters GY and HV.)
In addition, up to two (2) hours of overtime, whether scheduled orally or in writing, may be cancelled after an employee has reported to work, if the Company determines in its sole discretion that such work is not needed and the employee is released from duty. This provision shall not be construed to restrict the Company’s ability to cancel, eliminate or shorten overtime under any other provisions of the Master Agreement. Nor shall it be construed so as to shorten a ten (10) hour engagement for a person engaged on a ten (10) hour basis for one or more days of engagement.
(c) In the event a daily hire engaged on a four (4) or six (6) hour basis is required to work in excess of six (6) hours, he or she shall be compensated at the eight (8) hour rate. The Award in AC 91-2 is null and void. Persons engaged on a daily basis who work no more than six (6) hours pursuant to Paragraph (a) above shall not receive any paid meal period.
(d) In the event the Company engages a person on a daily basis and thereafter cancels such engagement between 12:00 noon and 5:00 PM of the day preceding his or her assignment, said person shall be paid a sum equal to four (4) hours’ pay if the engagement was for an eight (8) hour call or longer, three (3) hours’ pay if the engagement was for a six (6) hour call, or two (2) hours’ pay if the engagement was for a four (4) hour call. If the engagement is canceled after 5:00 PM of the day preceding the assignment, said person shall be paid a sum equal to four (4), six (6), eight (8) or ten (10) hour engagement, whichever is applicable.
(e) Persons hired on a daily basis shall receive a payment of Sixty- Five Dollars ($65.00)(increased to Seventy Dollars ($70.00) effective the April 12, 2015) a day in lieu of benefits provided, however, persons hired on a daily basis at the Field Utility rate set forth in Section A14.5 shall not receive any payment in lieu of benefits.
The first Fifteen Dollars ($15.00) a day of the above-referenced payment in lieu of benefits shall be allocated as a mandatory contribution to the Entertainment Industry Flex Plan (“Flex Plan”) and paid directly to the Flex Plan by the Company on behalf of each daily hire employee entitled to such payment. The remaining Fifty Dollars ($50.00) (increased to Fifty-Five Dollars ($55.00) effec- tive April 12, 2015) shall be paid by the Company to daily hires directly as the payment in lieu of benefits.
(See Sideletters FD, FD-1 and HF.)
(f) Each person who works on a daily basis more than eighty (80) days in any calendar year shall receive annual vacation pay in an amount equal to four percent (4%) of such employee’s straight- time rate of pay for all straight-time hours worked in that calendar year, payable by separate check by February 15 of the next suc- ceeding calendar year.
(See Sideletters FB and HO.)
(h) Except with respect to any daily hire participating in the Signature Plan as provided in Sideletter HF (Daily Hire Signature Benefits), paragraph 5(d), the Company will provide a daily hire employee with Company paid life insurance in the principal amount of Fifty Thousand Dollars ($50,000.00) on the following basis:
(i) A daily hire employee who works more than eighty (80) days in a calendar year shall qualify for such life insurance policy for a single calendar year as set forth herein.
(ii) The policy will be in effect for the calendar year immediately following the qualifying year as defined in subparagraph (i) above.
(iii) Eligibility for this life insurance policy shall lapse and the employee shall have no coverage provided by the Company effective January 1 in any calendar year immediately following a year in which the daily hire employee does not work more than eighty (80) days within a calendar year.
(iv) [Deleted.] (See Sideletters DT, GF and HF.)
(a) The following provisions of the Master Agreement shall not apply to persons hired on a daily basis: Sections 3.4, 3.5, 3.6 and 3.7, Articles VIII except Sections 8.1 (the final sentence only) and 8.11, XI except Sections 11.9, XII through XV, Sections 16.4(a), 16.5, 16.6(a), 16.11 and 16.12, Articles XVIII, XIX, XXII except the Company’s Accidental Death and Dismemberment Policy and except with respect to daily hire employees determined to be eli- gible for Signature Plan benefits pursuant to Sideletter HF, XXIII, XXIV, and Articles XXVI through XXIX. In lieu of the respective provisions of the Master Agreement, the following shall apply to such persons hired on a daily basis:
(b) Section 16.4(a): On “travel-only” days involving travel to or from out of town assignments covered by the Master Agreement, regardless of the travel time, daily hire employees shall be paid a stipend in the amount of Two Hundred Sixty Dollars ($260.00) for any flight, train or bus trip. In addition, the Company shall pay such travel stipend on “travel only” days when the employee requests, and management agrees to permit, the employee to drive to the out-of-town remote site. Such travel stipend shall also be paid when the Company assigns someone to drive to the out-of-town remote site a distance of no more than one-hundred fifty (150) miles each way, by the most direct routes, when (i) no direct flight is available and (ii) the direct flying time would be less than two (2) hours if a direct flight were available. This stipend shall be in lieu of any wages, payment(s) in lieu of benefits, premiums, penal- ties or other compensation to which the employee may be entitled under the Master Agreement and the time spent in travel and this travel time shall not be counted as time worked for any purpose, nor included within the ‘total number of days worked’ by persons hired on a daily basis as set forth in Section A14.1(a). Notwithstanding anything to the contrary in section (a) and this section
(b), such “travel only” days shall be counted solely for purposes of calculating the eligibility thresholds for a daily hire’s entitlement to the payments: (i) in lieu of vacation in Section A14.2(f), (ii) in lieu of pension in Sideletter FB, and (iii) the daily hire life insur- ance under A14.2(h). Daily hire employees engaged for “travel only” days on out of town assignments pursuant to this subsection shall also be entitled to the meal expense and laundry allowances provided in Section 7.7(a).
(c) Notwithstanding anything to the contrary in Sections (a) and (b) above, when there is a “travel only” day sandwiched between work on two (2) Company assignments, such “travel only” day shall be treated as an eight (8) hour engagement under A14.2(a), subsec- tions 3.1(b), A14.2(d), (e), (f) and (h) of the Master Agreement shall apply, and such eight (8) hour day shall be counted only for the purposes of weekly overtime.
(d) Section 16.6(a): For the purpose of this Article XVI as it applies to persons hired on a daily basis, “home office” shall be determined by Company assignment and shall be defined, at the Company’s election, as the daily hire’s home or regular place of business, a Company facility within commuting distance of the daily hire’s home if he or she is required to report at such facility before com- mencing the next assignment, or the out-of-town hotel or headquarters to which the employee may be assigned by the Company for the duration of the assignment.
(e) Section 16.11: A person hired on a daily basis shall receive an amount equal to the rate for either an eight (8) hour, or if the employee had been engaged for a ten (10) hour engagement on an immediately preceding contiguous out-of-town covered assignment, a ten (10) hour engagement for each day during which such person is required by the Company to remain out-of-town, but has no work assignment.
Section A14.4 [Deleted.]
(See Sideletter EH – Vendor Employees.)
Section A14.5 (See the Master Agreement for current pay rates.)