ACTION:
____________________________
Clerk/Secretary
Department: Human Resources Item No: C16
Prepared by: Dolores Gascon, Director Meeting Date: June 11, 2024 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: RATIFICATION OF THE INAUGURAL INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS, AND ALLIED CRAFTS OF THE UNITED STATES AND CANADA, LOCAL NO. 122 MEMORANDUM OF
UNDERSTANDING
RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving a Memorandum of Understanding between the City of Vista and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists, and Allied Crafts of the United States and Canada, Local No. 122 and repealing the provisions of any resolutions in conflict herewith.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: In September of 2021, temporary employees in the Recreation & Community Services Department, working in the Cultural Arts Division at the Moonlight Amphitheatre, began the process to organize as an employee organization. These employees were employed in a variety of theater trades including carpentry, audio, electrics, video, rigging, wardrobe, hair & make up and properties. The employees followed Personnel Rule 13.0 which governs Employer/Employee Relations, including the Designation of Employee Groups for the Purpose of Representation and were recognized as the International Alliance of the Theatrical Stage Employees, Moving Picture Technicians, Artists, and Allied Crafts of the United States and Canada, Local No. 122 (IATSE). Since February 2022, City of Vista staff have conducted negotiations with IATSE members. On June 4, 2024, the resulting memorandum of understanding (MOU) was approved by both the City employees represented by IATSE as well as the Local 122 membership.
IATSE MOU Highlights. The IATSE MOU establishes agreed upon hours, wages and working conditions for members of this bargaining unit. The primary changes that the negotiating teams agreed upon are:
•Term. Effective June 2024 until June 30, 2027.
•Positions Represented. Stage Technician 1 – 4 within the following disciplines: Carpentry/Scenic Art; Audio; Electrics; Video; Rigging/Automation; Wardrobe; Hair & Make-up; and, Properties.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-91.
Vote: 5-0
MEETING DATE: June 11, 2024 PAGE 2
SUBJECT: RATIFICATION OF THE INAUGURAL INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS, AND ALLIED CRAFTS OF THE UNITED STATES AND CANADA, LOCAL NO. 122 MEMORANDUM OF
UNDERSTANDING
•Wages. A salary chart has been established that outlines hourly rates ranging from $16.86 per hour to $26.95 per hour, based upon position and step for said position. The wage schedule is further defined to guide how employees move throughout the pay plan. •Working Conditions. The agreement specifically delineates parameters for the following working conditions:
o Minimum Call
o Work Week
o Overtime
o Performance Call
o Meal Period
o Turnaround
o Mileage
o Hazardous Conditions
o Incidental Adjustment of Equipment
o Crossover Work
o Costumes
o Safety.
Other items defined in this agreement include Call Placement and Staffing; Guidelines for Motion Picture and Television Production; Program Acknowledgment; and Grievance Procedures. Finally, the agreement includes a standard no strike clause for the three-year term of the contract.
FISCAL IMPACT: The impact of these changes to the operating budget over the next fiscal year (FY2024/25) has already been built into the proposed ticket fees and is not expected to impact those fees for the duration of the agreement.
EXHIBITS:
1.City Council Resolution No. 2024- , approving a Memorandum of Understanding between the City of Vista and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists, and Allied Crafts of the United States and Canada, Local No. 122 and repealing the provisions of any resolutions in conflict herewith
1A. IATSE Local 122 Memorandum of Understanding
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RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF VISTA AND THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,
MOVING PICTURE TECHNICIANS, ARTISTS, AND ALLIED CRAFTS OF THE UNITED STATES AND CANADA, LOCAL NO. 122 AND REPEALING THE PROVISIONS OF ANY
RESOLUTIONS IN CONFLICT HEREWITH
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Authorized representatives of the City of Vista have met and conferred with representatives of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada Local No. 122 (IATSE), a recognized employee organization representing certain employees of the City of Vista.
B. As a result of the meet and confer process an agreement has been reached with the representatives of IATSE. Accordingly, the City Council desires to approve a Memorandum of Understanding with IATSE.
2. Action
A. The Memorandum of Understanding by and between the City of Vista representatives and the representatives of the IATSE for the period commencing June 11, 2024, through June 30, 2027, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is approved.
B. The City Manager is directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Memorandum of Understanding.
C. The provisions of any resolutions in conflict herewith are repealed and shall be of no further force or effect after June 11, 2024.
[Continued on page 2.]
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EXHIBIT 1
RESOLUTION NO. 2024-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00107235 2
C. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 11, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
Attachment: IATSE Memorandum of Agreement effective June 11, 2024
APPROVED
Walter C. Chung
20240603143705
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MEMORANDUM OF AGREEMENT
between
CITY OF VISTA, CALIFORNIA
and
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, MOVING PICTURE
TECHNICIANS, ARTISTS, AND ALLIED
CRAFTS OF THE UNITED STATES AND
CANADA, LOCAL 122
July 10, 2024 through June 30, 2027
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TABLE OF CONTENTS
Page
ARTICLE 1: RECOGNITION ..................................................................................1 ARTICLE 2: UNIT REPRESENTED AND SCOPE OF WORK ...............................1 ARTICLE 3: AUTHORIZATION FOR DUES DEDUCTION ....................................1 ARTICLE 4: MANAGEMENT RIGHTS ...................................................................2 ARTICLE 5: DEFINITIONS ....................................................................................2 ARTICLE 6: CALL PLACEMENT ...........................................................................3 ARTICLE 7: CANCELLATION POLICY ..................................................................3 ARTICLE 8: STAFFING .........................................................................................4 ARTICLE 9: STEWARD .........................................................................................4 ARTICLE 10: WORKING CONDITIONS ................................................................5 ARTICLE 11: MOTION PICTURE AND TELEVISION PRODUCTION ...................7 ARTICLE 12: PROGRAM ACKNOWLEDGEMENT ...............................................7 ARTICLE 13: GRIEVANCE PROCEDURES ..........................................................8 ARTICLE 14: NON-DISCRIMINATION ..................................................................10 ARTICLE 15: UNION VISITATION .........................................................................11 ARTICLE 16: NO STRIKE, LOCKOUT OR CONCERTED ACTIVITY....................11 ARTICLE 17: IMPASSE PROCEDURES ...............................................................11 ARTICLE 18: LABOR MANAGEMENT COMMITTEE ............................................11 ARTICLE 19: SAVINGS CLAUSE ..........................................................................11 ARTICLE 20: AGREEMENT AND WAIVER ...........................................................12 ARTICLE 21: DURATION OF AGREEMENT .........................................................12 ARTICLE 22: WAGE SCHEDULE ..........................................................................12 EXHIBIT A – MOONLIGHT WAGE SCALE .............................................................14
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1 City of Vista and IATSE Local 122
Memorandum of Agreement
This Agreement is entered into between the City of Vista, California (“City”) and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists, and Allied Crafts of the United States and Canada, Local No. 122 (“Union”) effective on the 10th day of July, 2024 (“Effective Date”). The City and Union are jointly referred to below as the “parties.”
ARTICLE 1: RECOGNITION
The City recognizes the Union as the representative of the employees performing services covered by this Agreement as set forth in Article 2, and recognizes the Union as the sole and exclusive collective bargaining representative of these employees.
ARTICLE 2: UNIT REPRESENTED AND SCOPE OF WORK
The Union represents all employees (currently these employees are temporary part- time employees) in preparation for and work during theatrical productions or presentations at the City’s Moonlight Amphitheatre and the AVO Playhouse that are performed by theatrical stagehands and craftspeople, including the placing and operation of production related scenery, curtains, lighting, electrical effects, spot lights, sound and sound accessories, computer equipment used during productions or presentations, video equipment, motion picture equipment, costumes, wigs, makeup, data projectors, theatrical rigging and automation.
Theatrical productions and presentations are those events produced by the City of Vista that are presented to the general public for the express purpose of providing entertainment. Theatrical productions and presentations shall not include other events held at the Moonlight Amphitheatre or the AVO Playhouse, such as internal City of Vista business meetings, free community events, Moonlight Cultural Foundation non -profit fundraising events, or other events for non-profit entities, government entities or schools, unless represented employees are utilized for the event (e.g. Moonlight Youth Theatre is covered by this Agreement).
ARTICLE 3: AUTHORIZATION FOR DUES DEDUCTION
Union is authorized to request City to make payroll deductions for Union membership dues, initiation fees, and general assessments on behalf of the bargaining unit employees identified in this Agreement in compliance with California Law. City shall honor all certified dues deduction authorizations submitted by the Union in compliance with California Law, provided however, that any Union member may terminate such dues during the period of October 1 through October 10 of each year of th is Agreement by notifying the Union in writing of their election to terminate dues deduction. Such notification shall be delivered in person or by U.S. Mail and shall be in the form of a 06/11/2024 C16 Page 7 of 22
2 letter containing the following information: employee name, job classification and the name of the Union from which dues deductions are to be canceled. The Union shall provide the City’s Human Resources Office with the appropriate documentation to process dues cancellations within ten (10) business days after the close of the withdrawal period.
Dues, initiation fees and assessments authorized by bargaining unit employees will be deducted from the unit members’ compensation and shall be made payable to IATSE Local 122 and provided to the Union at 3737 Camino Del Rio South, #307, San Diego, CA 92108.
The Union shall indemnify and hold Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of the application of this Article.
ARTICLE 4: MANAGEMENT RIGHTS
The authority of the City includes, but is not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.
ARTICLE 5: DEFINITIONS
A. Base Rate – The minimum hourly rate of pay for work performed at straight time hours.
B. Departments – Includes (1) Carpentry/Scenic Art, (2) Audio/Video, (3) Rigging/Automation, (4) Electrics, (5) Properties, (6) Wardrobe & Costumes, (7) Hair & Makeup, and (8) Video.
C. Department Head – The person designated by the City as the head of a Department listed above.
D. Crew – Employees who work on a crew in one or more of the Departments listed above.
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3 E. Department Director – The director of the Recreation and Community Services Department or their designee.
F. Supervisor – The Community Services Program Manager overseeing productions at the Moonlight Amphitheatre and the AVO Playhouse or their designee.
ARTICLE 6: CALL PLACEMENT
All employees covered by this Agreement must be approved to work for the City by completing all prerequisites for hiring, which currently include (1) passing a drug screen test, (2) submitting to live scan fingerprinting so a background check can be performed, and (3) completing sexual harassment training.
The parties acknowledge that the City already has a pool of temporary part-time at-will employees that have been working at the Moonlight Amphitheatre and the AVO Playhouse, and that these employees will be the first ones called for work under this Agreement.
The City shall have the right to hire additional persons who express interest in working at the Moonlight Amphitheatre or the AVO Playhouse. The City agrees that whenever it is in need of additional persons to perform the services covered by this Agreement, it will telephone or otherwise contact the Union and request such employee(s). Requests for employees shall be placed with the Union no later than two (2) business days prior to the requested call time to allow the Union Business Representative adequate time to fill such requests in a timely matter. The Union agrees, upon the request of the City, to furnish a sufficient number of qualified employees, to meet its requirements on a non - discriminatory basis. If the Union fails to furnish a sufficient number of qualified employees, City can obtain persons from other sources.
In the event the City determines in its sole discretion that a specific individual is needed to perform work within the scope of this Agreement (e.g. including but not limited to fabric painter, foam sculptor, theatrical “Flying by Foy” oper ator), the City may employ such designated individual(s) to perform such work, with the understanding that such individual need not be referred by the Union. The City will notify the Union Business Representative or the Steward prior to its employment of such individual.
Upon request, the City will provide a current list of bargaining unit employees on the payroll to the Union.
ARTICLE 7: CANCELLATION POLICY
Should the City cancel a work call or performance, the City shall notify the Steward and the Union not less than twenty four (24) hours prior to the scheduled start time. If the call is cancelled less than twenty four (24) hours in advance, each scheduled employee shall be paid for the length of the original call. Such notification shall not be required in 06/11/2024 C16 Page 9 of 22
4 the event of force majeure (e.g. including but not limited to fire, earthquake, flood, storm, power failure, civil disorder, terrorist activities, weather cancellation, pandemic, Covid-19 outbreak, etc.). This provision does not affect the City’s right to end work calls earlier than scheduled or to release employees from the next day’s calls, so long as the minimum number of hours are paid for the current day’s work.
ARTICLE 8: STAFFING
A. When work is performed within the scope of this Agreement, a maximum of one person per Department will be that Department Head.
B. In addition to a Department Head, a Department will have Crew Members. If a Department has more than five (5) Crew Members on a call, one Crew Member shall be designated as an Assistant. When the City emails Crew Members to work on a call, the City shall copy the Union Steward.
C. The City shall have the right to select the Department Head for each Department.
D. The Department Head shall be the first person on and the last person off any call involving the Department. The Assistant shall be the second person on and the second to the last person off, or, in the absence of the Head, the first person on and the last person off any call involving that Department.
E. Department Heads will supervise Crew Members and will manage efficient productivity in the best interest of the City. Department Heads shall be working Crew Members in addition to Department Heads. The City shall make its best efforts to schedule staff meetings before, during or after work calls.
F. Yellow Card Production - For events traveling under a yellow card, the yellow card shall determine crew requirements and conditions. For motion picture and/or television filming or taping conducted by a production company signatory to the IATSE Producers Agreement, the additional terms, conditions, staffing and rates stipulated in that Producers Agreement shall supplement any performance related terms and conditions required under the terms of this Agreement.
ARTICLE 9: STEWARD
A. One Department Head shall be designated the Job Steward by the Union Business Representative. The Steward is a working member on the call, and the Steward will automatically become a member of the Labor Management Committee, and will advise the City of circumstances that arise pertaining to personnel, equipment and materials which may affect the call. The City agrees to allow the Steward ample time to insure proper crew calls during the work call.
B. Should the Steward’s interpretation of this Agreement be in conflict with the City’s interpretation of the Agreement, the Steward will comply with the City’s direction when 06/11/2024 C16 Page 10 of 22
5 the issue arises, and will notify the Union Business Representative at a later time, who shall attempt to resolve the issue with the City. If the issue cannot be resolved informally, the City’s interpretation of the Agreement is subject to challenge through the Grievance Procedures. The Employer will not discriminate against the Steward for the performance of their duties.
C. The Steward may assist in the handling and/or investigation of grievances. Time off without pay will be granted to the Steward for the purpose of handling and/or investigating grievances, provided it does not interfere with the conduct of the City’s business operation. In the event that the Steward and any employee need to leave the work area during their shift while handling or investigating grievances, they shall notify the supervisor on duty and obtain approval. Furthermore, the Steward shall not have any authority to alter, amend, or modify any provisions of the Agreement.
ARTICLE 10: WORKING CONDITIONS
A. Minimum Call - Except as otherwise noted herein, employees shall be guaranteed a minimum of four (4) hours of compensation for each work call.
B. Work Week – The City’s work week commences at 12:01 a.m. on Wednesday and ends on midnight the following Tuesday.
C. Overtime – The City is subject to the Fair Labor Standards Act (“FLSA”). As such, overtime is paid for hours worked in excess of 40 in a workweek at one and one-half times the employee’s regular rate of pay.
D. Performance Call -- A performance call shall consist of the time associated with a performance: for all Crew, two (2) hours prior to the scheduled curtain time through the time that the performance is complete and secured.
E. Meal Period – Any employee who works over five (5) hours in a work day will receive a one-hour duty free unpaid meal period. The time of the meal period will be subject to the needs of the production as determined by the Technical Director. If an employee works over five (5) hours and no meal period is provided, the City shall pay one hour of pay at the employee’s base rate as a penalty. For any work period of less than six (6) hours, the meal period can be waived by mutual consent of the City and the employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the City and employee only if the first meal period was not waived. If a second meal period is required but not provided, the City shall pay one hour of pay at the employee’s base rate as a penalty.
F. Turnaround – For the same event, employees shall have a minimum of eight (8) hours of turnaround time (a period during which the employee is released from work), 06/11/2024 C16 Page 11 of 22
6 or, in the absence of an eight (8) hour release period, employees shall be compensated at one and one-half (1 1/2) times the base rate.
G. Mileage -- Whenever an employee is required to travel in the course of their employment and the employee is required to supply their own transportation, the employee shall be paid a mileage allowance at the applicable IRS mileage reimbursement rate. This allowance does not apply to commuting to and from work, e.g. if the employee is assigned to report to an offsite location, the travel between their home and the offsite work location at the start or end of workday is considered commuting to and from work. Administration of the mileage reimbursement shall be as set forth in the City’s Personnel Rules.
H. Hazardous Conditions -- Hazardous conditions as defined in this Agreement exist when an employee is working over thirty (30) feet above the floor -- not to include working on loading bridges, fly floors, scissor lifts, gridirons, or on any safety walk over thirty inches in width that is enclosed with permanent safety railing. Hazardous conditions shall also include when an employee is required as part of their job duties to handle open flame, firearms or ammunition (blanks included), blades or infectious agents (defined in 8 California Code of Regulations Section 5193, Bloodborne Pathogens), presenting a risk of death, injury or illness to employees. For any employee working in hazardous conditions during their shift, the City shall pay the employee a stipend equivalent to one hour at the employee’s regular rate of pay, in addition to his normal wages for the shift. For instances in which the employee is required to work under multiple hazardous conditions within their shift, or the hazardous conditions are present throughout their shift, additional stipends may be accrued within a single shift per mutual agreement of the Employer and the Steward.
I. Incidental Adjustment of Equipment -- Recognizing that collaborative work environment is necessary to achieve artistic excellence, non -bargaining unit personnel such as technical staff, management, department supervisors, artists, designers, and directors may perform incidental work (e.g., adjust theatrical elements, including but not limited to, scenery, properties, theatrical lighting, sound, video, costumes, wigs, hair and makeup or any other theatrical related equipment) so long at the action does not displace any employee covered under this Agreement.
J. Crossover Work -- Should any provision of this Agreement require that the CIty employ an employee for a call during which that employees is not required to perform specific work in their department for the entire duration of the call, then that employee may be required to perform work on another crew which is covered by the terms of this agreement. It is understood that any crossover in work assignments will not interfere with a Union employee’s principal duties. The Employee’s rate of pay will remain the same for the duration of the crossover work. The Steward shall be notified when such instances arise.
K. Costumes – If an employee is require to appear on stage in costume during a performance, the costume will be provided by the City.
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7 L. Safety – Both the City and the Union recognize the mutual benefits of promoting and maintaining safe working conditions. Employees shall not perform any unsafe practices due to the absence of the proper tools or safety equipment. The City has, at all times, the right to demand that all employees work in a manner consistent with safe working practices. The City shall comply with all OSHA, Cal-OSHA and other applicable safety and health regulations at the City’s expense.
ARTICLE 11: MOTION PICTURE AND TELEVISION PRODUCTION
A. For production of motion pictures or television shows by an outside production company involving the use of the City’s facilities, as covered in Article 2 of this Agreement, there shall be employed a minimum of two (2) heads of departments, and the minimum rate of pay for such employees shall be the existing producers scale, as stated by the association of Motion Picture and Television Producers, Inc. unless otherwise specified below.
B. Production of Theatrical Presentations for broadcast or distribution: For the filming of the City’s Theatrical Presentations, for the purposes of commercial or public broadcast or distribution the City will employ all department heads and crew required for the Theatrical Presentation for the duration of the filming. The minimum rate of pay for such employees shall be the existing producers scale, as stated by the IATSE Area Standard Agreement and as changed from time to time. The call shall not be less than eight (8) hours per day.
The City may retain any non-union employees already working the Theatrical Presentation.
C. Production for News, Publicity or Historical Documentation: The City, authorized photographers, and/or accredited news media may photograph, preserve, a rehearsal or performance or any portion thereof, for the purposes of publicity, promotion, or news coverage without any additional compensation to any employees. City authorized film footage of the current attraction for purposes (not for commercial use ) may be made without additional compensation.
D. It shall be the responsibility of the City to notify the Union of their intent to engage in activities covered in this section.
E. If the City does not notify the Union pursuant to the procedures set fo rth in this section, the City must pay a minimum call of two (2) persons for each eight (8) hour day during which covered activities are engaged. This sub -section will be fully applicable for each day until the City has given proper notice to the Union.
ARTICLE 12: PROGRAM ACKNOWLEDGEMENT
City agrees to include the following in the program when and where any other Union receives such credit: “This production operates under an agreement with the 06/11/2024 C16 Page 13 of 22
8 International Alliance of Theatrical Employees Local No. 122.” All credit given to Union members in the program shall be denoted as members of a professional trade union.
ARTICLE 13: GRIEVANCE PROCEDURES
A. Grievance Defined
A grievance is a complaint of an employee, a group of employees or the Union arising out of the City's application or interpretation of existing City rules or practices, or provisions of this MOU.
B. Informal Grievance
An informal grievance is one which is discussed between the employee and his/h er supervisor and is subsequently resolved, dropped or passed on to the formal grievance level.
C. Formal Grievance
A formal grievance is one which has been submitted in writing and which meets all of the following criteria:
1. The grievance must arise out of and result in a complaint of an employee, employees or the Union relating to a working condition, violation of the Personnel Ordinance or Rules, or violation of a provision of this MOU, except in instances where the right of appeal is prohibited by the Personnel Ordinance or Rules;
2. The grievance must concern specific situations, matters or incidents that have occurred;
3. The grievance must be within the power of the City Manager to correct;
4. The grievance must not require the modification of any ordinance, rule or policy established by the City Council or law.
D. Grievances Initiation
A grievance shall be initiated and pursued only at the request of an employee, a group of employees or the Union.
E. Time Spent in Grievance Procedure
An employee shall not be compensated for time spent in hearings.
F. Time Limits
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9 Time limits specified in these procedures may be extended by mutual agreement between the City and the employee or Union. Regular scheduled days off shall not be counted when applying any of the time limits provided for in these procedures. For this purpose, sick leave is not considered a regular scheduled day off. Grievances that are not taken to the next step within the time limits will be considered resolved and the employee presumed to be satisfied. Unless otherwise stated, a day shall be defined as a City Hall business day and all time limits will commence on the next City Hall business day.
G. Combining Grievances
Grievances involving a group of employees or one issue grieved by several employees may be handled as a single grievance.
H. No Reprisal
No reprisal shall ever be taken by the City against any employee by reason of their assertion of their rights under this grievance procedure.
I. Informal Grievance Procedure
Whenever possible, every effort will be made to resolve an employee grievance at the informal level. The employee and his/her supervisor should discuss the matter informally and shall attempt to resolve the problem together. The supervisor shall respond to the grievance orally within two (2) days of the original discussion.
J. Formal Grievance Procedure
Formal grievances which meet the criteria set forth in Section C above and shall be submitted on the form prescribed by the Personnel Officer. The grievance form shall at least contain:
a. The specific circumstances complained of;
b. The inequity or damage suffered by the employee or Union;
c. The relief sought.
The employee may have representation of their choice and such representatives shall be named on the grievance form. The City may limit the number of representatives to one.
1. Formal (Written) Grievance
If the issue is not resolved to the satisfaction of the employee or Union, the employee or Union may present a written grievance to the supervisor within ten (10) days of the 06/11/2024 C16 Page 15 of 22
10 supervisor's oral decision or twenty (20) days of the incident giving rise to the grievance.
The supervisor shall respond on the form and present it to his/her immediate superior (if any below the Department Director level) within two (2) days of receipt, and forward a copy of the formal grievance to the Personnel Officer. The superior shall hear th e grievance within ten (10) days of receipt and provide a written decision within ten (10) days after the hearing.
2. Grievance to Department Director
If the issue is not resolved, the employee or Union may present the written grievance to the Department Director within ten (10) days of receiving the superior's written decision.
The Department Director shall hear the formal grievance within ten (10) days of their receipt and shall render a decision in writing within ten (10) days of the hearing.
3. Mediation
If the employee or Union is not satisfied with the decision of the Department Director, within 15 calendar days of receipt of the Department Director’s decision, the employee or Union may request the grievance be submitted to mediation. Any costs associated with mediation shall be equally shared by the Union and the City.
Upon request to mediate the grievance, the City shall make the formal, written request for a mediator from the California State Mediation and Conciliation Service.
If the grievance was mediated and resolved, the mediator shall be requested to provide a written summary of the outcome; a description of the dispute and the resolution reached by the parties.
If the grievance was mediated and not resolved, the mediator shal l be requested to render a written, advisory opinion letter to the employee, the Union and the City within 15 calendar days of the final mediation session. This opinion is non-binding and is intended to advise the employee, the Union and the City of the mediator’s recommendation to settle the grievance.
4. Grievance to the City Manager
If the issue is not resolved through mediation, the employee or Union may present his/her written grievance to the City Manager, or their designee, who shall hear the grievance within ten (10) days of its receipt and provide a written decision within five days of the hearing. This decision shall be final.
ARTICLE 14: NON-DISCRIMINATION
A. There shall be no discrimination or harassment of any employee on the basis of race, religion, color, sex, gender, gender identity/gender expression/transgender, sexual orientation, national origin, ancestry, age, physical or mental disability, medical 06/11/2024 C16 Page 16 of 22
11 condition, marital status, genetic information, military or veteran status or any other characteristic that may be protected by federal, state or local law, ordinance or regulation.
B. No provision of this Agreement shall be interpreted or applied to preclude any employee from pursuing any legal right the employee may have under fede ral, state or local laws prohibiting discrimination or unequal treatment.
ARTICLE 15: UNION VISITATION
The Union’s Business Representative or his designated agent shall be permitted to visit the City’s premises regarding Union matters so long as the visit shall not interfere with production or the conduct of the City’s business.
ARTICLE 16: NO STRIKE, LOCKOUT OR CONCERTED ACTIVITY
In consideration of the mutual desire of the parties to promote and ensure harmonious relations, the City agrees that there shall be no lockout or the equivalent of members of the Union, and the Union and its members agree that there shall be no strike or other concerted action (including, but not limited to work slowdowns, work-to-rule, blue flue or other actions) resulting in the withholding of service by the members during the term of this Agreement. Should such a strike or other concerted action by Union members occur, Union shall immediately instruct its members to cease and desist. The curtailing of operations by the City in whole or in part for legitimate operational or economic reasons shall not be construed as a lockout.
ARTICLE 17: IMPASSE PROCEDURES
The procedure for resolution of impasse in negotiations over a new MOU upon the expiration of this MOU is set forth in the City Personnel Rules.
ARTICLE 18: LABOR MANAGEMENT COMMITTEE
The Union and the City agree that in the best interest of both parties and the employees to communicate regarding common concerns on an ongoing basis. To better accomplish this the parties agree that a labor management cooperation committee will be created with three members appointed by each party, to meet quarterly to discuss whatever topics the committee members decide upon in an effort to mutually resolve issues before they become problems or issues of dispute between parties.
ARTICLE 19: SAVINGS CLAUSE
In the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any laws, rulings, or regulatio ns, the parties will promptly enter into negotiations concerning the substance thereof. If the parties cannot agree on the issue, then the provision will be void for the duration of this Agreement. If 06/11/2024 C16 Page 17 of 22
12 any part or parts are held or determined to be void or illegal, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void render the balance of this Agreement inoperable.
ARTICLE 20: AGREEMENT AND WAIVER
A. This MOA sets forth the full and entire agreement of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements over said matters between parties, whether formal or informal, are hereby superseded or terminated in their entirety.
B. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any matter be binding upon the parties hereto unless made and executed in writing by said parties and, if required, approved and implemented by City Council.
C. The waiver of any breach, term or condition of the MOA by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 21: DURATION OF AGREEMENT
This Agreement is effective as of July 10, 2024. This Agreement will remain in full force and effect to and including June 30, 2027, and in each year thereafter, unless written notice by electronic and U.S. mail, or by registered or certified mail, of termination or desired modification is given by the City or the Union at least sixty (60) days prior to June 30, 2027.
ARTICLE 22: WAGE SCHEDULE
The wage schedule for bargaining unit members is attached as Exhibit “A .” This wage schedule will be implemented no later than the second pay period after this Agreement is executed. No employee will receive a reduction in their hourly rate of pay as a result of this Agreement taking effect. Employees shall not be paid different wages rates for performing identical work duties on any given show.
A. Existing Employee Placement within the Pay Plan
Existing employees will be assigned to the Step in their respective Department that is equal to or higher than their existing hourly wage. This will apply to an employee’s primary rate as well as any alternative rates assigned to that employee.
B. New Employee Placement within the Pay Plan
New employees shall be placed at the first step of the salary range to which their class is assigned except as follows:
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13 When it appears that the education and previous training or experience of a proposed employee are superior to those required of the class and justify a beginning salary in excess of such minimum compensation, the Department Director may authorize an appointment to a position at any higher step.
C. Advancement Through the Pay Plan
Normally, and as a general rule, employees will be considered eligible for a step increase according to the following plan:
• The numbers 1, 2, 3, and 4, respectively, denote the various steps in the pay range.
• Salary Step 2 will be paid after 1,000 accrued hours of employment at Salary Step 1.
• Salary Step 3 will be paid upon completion of 1,000 accrued hours of employment at Salary Step 2.
• Salary Step 4 will be paid upon completion of 1,000 accrued hours of employment at Salary Step 3.
• An employee who accrues 1,000 hours at Salary Step 4 will move to Step 1 of the next Stage Tech level.
• Upon the execution of this Agreement, step assignments shall be assigned to existing employees, and this will be the date of the commencement of accrual of hours.
• Commencement of accrual hours for new employees begins upon their hire date.
D. Withholding of a Step Increase
Step increases may be withheld in the event an employee's performance has been less than satisfactory. The denial of a step increase shall be in writing and shall be discussed with the employee, along with the area(s) of their performance which need improvement. For an employee whose step increase has been withheld, a follow-up review will occur after 300 accrued hours of employment.
If at the end of the 300 accrued hours, the employee's performance is determined to be acceptable and satisfactory, the step increase may be granted upon the recommendation of the Department Director. The effective date of that step increase shall then become the employee's new hourly accrual start date.
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14 CARPENTRY/SCENIC ART
DEPARTMENT
STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - CREW CHIEF $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - LOAD/BUILD/SCENIC ART CREW $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - SHOW CREW $ 16.86 $ 17.28 $ 17.71 $ 18.16
AUDIO DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - AUDIO BOARD OP $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - A2/MIC RUNNER $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - AUDIO LOAD CREW $ 16.86 $ 17.28 $ 17.71 $ 18.16
ELECTRICS DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - LIGHT BOARD OP $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - SPOT OPERATOR $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - ELECTRICS LOAD CREW $ 16.86 $ 17.28 $ 17.71 $ 18.16
VIDEO DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - VIDEO BOARD OP $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - VIDEO CONTENT CREW $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - VIDEO LOAD CREW $ 16.86 $ 17.28 $ 17.71 $ 18.16
EXHIBIT “A”
MOONLIGHT
WAGE SCALE
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15 RIGGING/AUTOMATION
DEPARTMENT
STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - AUTOMATION BOARD OP $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - FLY RIGGING LOAD CREW $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - GROUND RIGGING LOAD CREW $ 16.86 $ 17.28 $ 17.71 $ 18.16
WARDROBE DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - WARDROBE SHOW LEAD $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - DAY CALL STITCHER $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - DRESSER/WARDRODE LOAD CREW/LAUNDRY $ 16.86 $ 17.28 $ 17.71 $ 18.16
HAIR & MAKE-UP DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - HAIR & MAKE-UP SHOW LEAD $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - HAIR & MAKEUP ASST. TO DESIGNER $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - HAIR & MAKEUP ARTIST $ 16.86 $ 17.28 $ 17.71 $ 18.16
PROPERTIES DEPARTMENT STEP 1 STEP 2 STEP 3 STEP 4
STAGE TECH 5 - DEPARTMENT HEAD $ 25.03 $ 25.65 $ 26.30 $ 26.95 STAGE TECH 4 - ASSISTANT (if more than 5 crew members) $ 22.67 $ 23.24 $ 23.82 $ 24.42 STAGE TECH 3 - PROPERTIES SHOW LEAD $ 20.54 $ 21.06 $ 21.58 $ 22.12 STAGE TECH 2 - PROPS RUNNER $ 18.61 $ 19.08 $ 19.55 $ 20.04 STAGE TECH 1 - PROPS LOAD CREW/REPAIR $ 16.86 $ 17.28 $ 17.71 $ 18.16
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16 The Parties have executed this Agreement through their authorized representatives on the dates set forth below.
For the Employer: For the Union:
City of Vista, California International Alliance of Theatrical Stage Employees, Moving Picture Technicians,
Artists, and Allied Crafts of the United States
and Canada, Local No. 122
By: _________________________ By: __________________________ Dolores Gascon Robert Morales
Human Resources Director Business Agent
By: _________________________ By: __________________________ Mike Pacheo Nathan Woods
Recreation & Community Union Steward
Services Director
By: _________________________ By: __________________________ Mike Bradford Tyler Christensen
Recreation & Community Union Steward
Services Operations Manager
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