This expedited procedure is not available where the residual obligation(s) in question are due, guaranteed or assumed by a “qualified distributor”, a “qualified purchaser” and/or a “qualified balance payer”, unless this is done by mutual agreement. Any personal employment contract provides that if the author fails or refuses to become or remain a member in good standing of the guild, as provided above, the company has the right to terminate this employment contract with that author at any time. (4) The Company or guild may, by written notice to the other party issued no earlier than ninety (90) days and no later than sixty (60) days before the expiration date of this Basic Agreement, express its wish to negotiate a new collective agreement that will come into force at a mutually agreed time between the Company and the Guild. The notice must set out in detail the proposals or recommendations of the party that served the notice. If such notice is given, the Parties agree to commence negotiations on the proposals or recommendations contained in the Notice and the proposals and recommendations of the Party receiving such notice within thirty (30) days of receipt of such notice and to continue such negotiations with care and good faith. It is assumed and agreed that the existing basic contract will remain in force and in full effect until the date of termination specified above. 3. Any claim by the Guild and an Author on the one hand against the Company, on the other hand for unpaid compensation under the individual employment contract or the Author`s loan agreement with the Company or for payment of a purchase contract with the Company in the case of a professional author, but excluding claims not related to the author`s services as an author or not to the sale of literary material. (Claims for compensation or payment arising out of a contract of employment, loan or purchase are hereinafter referred to as “claims for damages” or “claims for damages”.) Notwithstanding the foregoing, the Board of Appeal and the Arbitrator shall not have the power to make an arbitral award for any compensation or payment exceeding the sum of four hundred thousand dollars ($400,000.00) for any employment or purchase of theatre or television. (This amount is referred to herein as the “highest jurisdiction.”) If a claim for compensation exceeds the maximum jurisdiction, the claim may still be the subject of a claim and/or arbitration, but by such submission, the Guild and the Author waive an arbitral award that exceeds the maximum jurisdiction and have no other claim or right in respect of an amount exceeding the maximum amount of the court.
A claim for compensation may not be divided, and more than one (1) claim or arbitration may not be initiated in order to circumvent the maximum level of jurisdiction. Paragraph 6 is two (2) weeks for the above-mentioned author covered by this sentence. Paragraph 8, 14th paragraph, and the last two paragraphs, of the 15th paragraph, of this Article 13.A. apply to all contracts of employment, regardless of their remuneration. 3. Instead of paragraph 2, after the end of such a strike, at the option of the undertaking and at its request, he signs a written agreement with the undertaking extending the duration or duration of such a personal service contract in force at the time of the beginning of such a strike for a period equal to the period of suspension by such a strike. E. A “transaction” within the meaning of paragraphs A. and B.
above. is concluded when the company and the author reach an agreement on monetary conditions. d. If no appeal or arbitration proceedings are commenced within the period referred to in this Article 11, such claim shall be deemed null and void. All the time limits provided for in Article 11 may be extended by mutual agreement between the parties to the dispute. choose the arbitrator (either by mutual agreement or under the applicable strike proceedings) or has not withdrawn the claim with or without prejudice for a period of eighteen (18) months after service of the claim on the defendant(s), such claim shall be deemed to have been set aside. All references in Articles 10, 11 and 12 to individual contracts of employment, loan contracts or sales contracts refer only to agreements which are subject to this basic contract. A loan agreement, option agreement or purchase agreement submitted to a previous MBA is subject to the following rules and procedures for complaint and arbitration as set out in the MBA in effect at the time the claim or arbitration is initiated: the hearing will not continue without the consent of the parties, unless the party requesting such continuation demonstrates just cause. The unavailability of a witness is not an important reason, unless the witness` testimony is relevant to the problems of the arbitration proceedings and cannot be received by the company attaching to the document a cover sheet recalling the agreement between the company and the author and summarizing all the conditions precedent, that must be completed before the writing services can begin. The terms of this cover page may not modify or modify the terms of the agreement between the Company and the Author, and in any case, the terms of the Author`s agreement shall prevail. If you would like to purchase a printed copy of the MBA or previous agreements or calendars, send an email to Operations. If the project is sold or licensed to another company, complete the buyer`s appropriate distribution or acquisition agreements and send copies to the WGAW Signatories Department at 7000 W.
Third Street, Los Angeles, CA 90048 or the WGAE Signatories Department at 250 Hudson Street, New York, NY 10015. The WGA is entitled to obtain financial guarantees relating to the image to ensure compliance with the obligations relating to the image. In the case of images used by employees covered by the basic contract of the DGA and/or SAG-AFTRA, WGA`s security will be linked to SAG-AFTRA and/or the DGA simultaneously and in the same form as the security right. The DGA and saG-AFTRA will work with the WGA to obtain the necessary financial assurances to the WGA as a convenience to the producer group and to better ensure consistency in the provision of financial assurances to the higher guilds, including but not limited to security agreements, creditor agreements, subordination agreements, guarantee agreements, residual reserve or agreement on the management of debt collection accounts. If you have any questions regarding financial guarantees, please contact the signatory division at (323) 782-4514. (Section 47) The provisions of this Article 13.A. does not apply to short or short topics, unless the Company agrees that the agreement that the Company has entered into with an author employed on a similar basis with respect to a short or short subject guarantees that author full remuneration for the services provided in the writing and preparation of such material, which may not be less than a sum equal to the minimum weekly remuneration waived by that author would be eligible if they are employed on the basis of weekly remuneration in accordance with paragraph 15. This is multiplied by the number of weeks (plus a fraction of a week) during which the Author has actually and continuously provided such services, assuming that the Company may terminate that Author`s employment relationship at the time the Author is entitled to additional compensation under the provisions of this paragraph or at any time thereafter. 3. The Company agrees to notify the Guild within seven (7) days of entering into an agreement with any person, company or entity (not covered by the provisions of paragraphs 1 and 11 above). Any claim and/or arbitration relating to a dispute arising out of a prior MBA or an individual employment contract of an author, additional names may be added from time to time during the term of the contract by mutual agreement of the parties, provided that each panel consists of an odd number of arbitrators at any time.
The MBA is the collective agreement that covers most of the work of WGA authors. If you have any questions about the application or interpretation of the Terms, contact the Guild Contract Department or call (323) 782-4501. 1. Except as otherwise provided in this Basic Agreement, disputes in the context of individual employment contracts, loan agreements or purchase agreements with professional authors in which the Board of Appeal is involved: The Board of Appeal shall consist of three (3) representatives chosen by the defendant and three (3) representatives chosen by the complainant. Each party shall have the right to replace one of its representatives. The Committee shall elect its Chairman by a majority of votes. By mutual agreement, the Board of Appeal may be composed of two (2) representatives elected by the respondent and two (2) representatives elected by the appellant. The Company agrees that Credits for On-Screen Authorship will only be awarded in accordance with the terms and manner required by applicable Appendix A in the Appendix and by this reference contained herein, with respect to on-screen authorship credits finalized during the term of this press release and with respect to on-screen author credits, which will be finalized after the expiration of the period of this Agreement and which will relate to material during the term of this Agreement or during the term of any prior collective agreement between the Company and the Guild; provided, however, that such credits determined during the term of a successor collective agreement between the Société and the Guild are determined in accordance with the terms of the collective agreement that will succeed it. .