TENTATIVE AGREEMENT

This is a tentative agreement (“TENTATIVE AGREEMENT”) between the International Alliance of Theatrical Stage Employees (“IATSE”) and the County of Marin (“COUNTY,” collectively “the PARTIES”) for the 2022-2024 memorandum of understanding. The terms of this TENTATIVE AGREEMENT apply only to IATSE-represented employees. This TENTATIVE AGREEMENT is subject to ratification by the membership of IATSE, as well as, subject to approval by the Marin County Board of Supervisors (“BOARD”). 

Section I. Wages and Salaries (Regular Hire Employees Only) 

A. General Salary Increase (Regular Hire Employees Only)

Effective the first full pay period following ratification by the Union and adoption of the Agreement by the Board of Supervisors, the rate of pay for all Regular Hire classes and employees shall be increased by three- and one-half percent (3.5%). 

Effective the first full pay period in July 2023, the rate of pay for all Regular Hire classes and employees shall be increased by three percent (3%). 

B. Equity Adjustment

Effective the first full pay period following ratification by the Union and adoption of the Agreement by the Board of Supervisors, the rate of pay for Regular Hire Employees shall be increased by one percent (1.0%). 

Retention Bonus: In recognition of years of service to the County, all regular hire employees on the books upon ratification by the Union of this Agreement, will receive a one-time, non-pensionable, $1,000 retention bonus within 3 pay periods from the date of ratification by the Union or the first full pay period following adoption of the Agreement by the Board of Supervisors, whichever is later. All regular hire employees who are on the books July 1, 2023, will receive a one-time, non-pensionable, $1,000 retention bonus in the first paycheck in August 2023, in recognition of years of service to the County. Part time employees shall receive a prorated amount based on their FTE.

Hard to Fill Bonus: When a position is deemed “hard to fill”, as determined by Human Resources, new employees hired after July 1, 2022, shall be eligible for up to a $2,500-$10,000 signing bonus. “Hard to fill” generally means an approved open recruitment has been unfilled for six (6) months, or the approved recruitment needed to re-open more than once because the County was unable to hire a candidate for the opening, or the County can show a difficulty retaining employees in the classification due to salary concerns, or other similar agencies are offering a signing bonus for the classification. The signing bonus shall be split, and the new employee shall receive 50% of the signing bonus in the first paycheck and 50% of the bonus after successful completion of the probationary period. In any case, if the employee does not complete the first full year of employment, the employee shall reimburse the County for the signing bonus received.

Section XXVIII. Contingent Employees

B. Job Class Titles, Duties and Salaries

The County of Marin employs the job class titles for International Alliance of Theatrical Stage Employees, Local 16 represented employees as follows: Spotlight Operator, Master Stage Technician, and Stagehand. International Alliance of Theatrical Stage Employees, Local 16 may use the following titles: Head of Department, General Audiovisual, Multi-Source Technology, and Multi-Source Technician. Regardless of titles, the duties shall be assigned to the appropriate County job class titles to ensure the correct rate of pay. 

Classifications and salary will be established for Contingent Hire (Extra Hire) employees. The job classes and salaries are: 

Year of Agreement Year 1:
TBD		 Year 2:
July 2023
Rate of Pay Increase  3.5%  3.0%
Head of Department TBD TBD
Key Personnel TBD TBD
Extra Personnel TBD TBD

Section XXIII. Insurance

The County provides a fringe benefits package described below. Unless expressly stated, all benefits listed in this article are prorated based upon the employee’s Regular Hire FTE. Hours worked as a Contingent Hire (i.e., Extra Hire) employee, and/or hours worked in excess of a part-time Regular Hire FTE, and/or overtime hours do not count toward the accrual of benefits.

A. Medical, Dental, Life, and Supplemental Benefits 

1. Biweekly Fringe Benefits 

Regular Hire employees enrolled in a County medical plan shall receive bi-weekly fringe benefit payments in calendar year 2022 as follows: 

  Employee Only Employee +1 Dependent Employee + Family
Bi-weekly Fringe – Under 75k* $514.60 $690.56 $934.53
Bi-weekly Fringe – Over 75k* $514.60 $677.66 $908.74

*Annual salary threshold to determine the County’s fringe benefit contributions shall be under/over $75,000 for calendar year 2022 and over $77,000 for 2023. 

Effective in December 2022 and in December 2023, in the pay period in which there will be an increase in health insurance premiums, the County will increase the bi-weekly fringe benefit package by the same dollar amount as the Kaiser Silver Plan increase from zero percent (0%) to six percent (6%) (based on the premium increase to the Kaiser Silver plan) for benefitted employees at the employee plus one (1) and employee plus family benefit levels.? 

In December 2022, in addition to the above, the County will add .65 per pay period to the employee only, employee+1 and employee+family fringe payments.

Any employee enrolling in County medical coverage is eligible to receive up to $100.00 cash back of any remaining unused amount of their bi-weekly fringe benefit package with the exception as expressed below:

Elimination of Cash Back for New Hires and Employees Not Receiving Cash Back as of July 1, 2018 

Effective July 1, 2018, there will be no cash back of any remaining unused amount of an employee’s bi-weekly fringe benefit package for employees hired on or after July 1, 2018 and for employees who do not receive cash back as of July 1, 2018. 

Adjustment to County Fringe Contribution at the Employee-Only Enrollment Level in Plan Years 2022 and 2023:? If the biweekly premium at the Kaiser Silver employee-only level in plan year 2023 exceeds the County’s plan year 2022 biweekly fringe contribution at the employee-only level (i.e., $514.50 biweekly), the County will increase its biweekly fringe contribution at the employee-only level to an amount equal to 100% of the biweekly premiums for employee-only enrollment in Kaiser Silver, for all represented employees who enroll in employee-only medical plans. 

2. Waiver of Participation. 

During open enrollment or within 30 days of a qualifying event, any employee covered by this Agreement may make written application to the Human Resources Director for waiver of required participation in a medical plan if said employee provides acceptable proof of equivalent coverage in a group plan through other sources. An employee who waives participation under this section shall use the fringe-benefit package to pay for mandated benefits plus the employee may receive up to an additional hundred dollars ($100) cash back. 

3. Employees will be eligible to enroll in the County’s long-term care insurance program, at their own cost.
4. Members shall be eligible to participate in the County Catastrophic Leave Donation Program.
5. Employees may enroll in single or double supplemental life insurance, and may use County fringe contributions towards this enrollment, where available. IRS rules governing imputed income will apply.

B. Non-Stated Benefits 

The County and International Alliance of Theatrical Stage Employees, Local 16 agree that the benefits specifically stated in the basic Agreement or applicable Agreement addendums fully and completely provide the benefit program specifically negotiated and agreed to by the parties. Other or related benefits not specifically provided in this Agreement language may not be inferred by either party.

C. Teamsters Local Union 856, Health and Welfare Trust 

For the term of July 1, 2022 through June 30, 2024Agreement, the County of Marin (“County”) agrees to participate in the Teamsters Local Union No. 856 Health and Welfare Trust (“Teamsters Trust”) for the sole purpose of offering to its employees the Teamsters Trust’s Anthem Preferred Provider Organization plan (“Anthem PPO” or “Teamsters Plan”).

D. Disaster Leave

The County will approve up to three (3) working days paid administrative leave in any twelve (12) month period when the employee’s primary residence located in California is rendered uninhabitable due to fire, flood, or earthquake. Requests must be approved by the CAO. Documentation must be provided within a reasonable period of time. If adequate documentation is not provided, leave will be charged against any of the employee’s other paid time accruals. 

Section XIX. Overtime

The provisions of this section apply to both County sponsored events and non-County events.

F. Attendance Requirement 

It is understood that employees in this unit may be required to be in attendance and working during scheduled performances in the Marin Center facilities during their regular work week as defined in Section XVII Hours of Work.

If a Regular Hire employee in this unit is required to be in attendance outside of their regular work week, they shall be compensated as follows: 

  • County sponsored event - The provisions of this section apply; In the event a Regular Hire employee has worked in excess of forty (40) hours per week, they will be compensated for all overtime worked under Section XIX at one and one-half (1-1/2) times the employee’s regular rate of pay.
  • Non-County sponsored events - If the event is not sponsored by the County, the employee is compensated for attendance outside of their regularly scheduled work week, at the Theatrical Stage Employees’ prevailing wage rate (prevailing wage rate). The prevailing wage rate, for Regular Hire employees in this circumstance shall be defined as the regular rate for Contingent Hire (Extra Hire) employees noted in Section XXVIII. B. The prevailing wage rate for Regular Hire Employees hired on or before July 1, 2022, shall include the Contingent Hire benefits and contributions to vacation, pension and/or health and welfare benefits. The prevailing wage rate for Regular Hire Employees hired after July 1, 2022, shall not include the Contingent Hire benefits or contributions to vacation, pension and/or health and welfare benefits. In the event a Regular Hire employee has worked in-excess of forty (40) hours per week, they will be compensated for all overtime worked under this section at the prevailing wage overtime rate, noted in Section XXVIII. B. 

Section XVI. Settlement Intent

In the event that County of Marin reaches a tentative Agreement with another labor organization whose contract expires June 2022 or with MAPE if they agree to a contract extension in 2022, and the County provides that union a negotiated General Cost of Living Salary increases (not including class specific equity adjustments) and/or any additional non-unit specific one-time payments, which are greater than those to which the parties have agreed herein, the County agrees to provide the higher COLA* or one-time payment to Regular Hire employees of the I.A.T.S.E. Local 16 bargaining unit, unless the negotiated salary increase is part of a package proposal. In such an event, Regular Hire employees of the I.A.T.S.E. Local 16 bargaining unit can vote to accept the package or refuse the package but cannot receive the increase without the corresponding concession. *COLA increase received by the other bargaining units in 2021 will be included in the analysis of whether a unit has received a higher cumulative COLA. 

In the event that County of Marin reaches a tentative Agreement with another labor organization whose contract expires in June 2022 or with MAPE if they agree to a contract extension in 2022, and the County provides an increase to the fringe benefit package that is greater than the fringe benefit changes to which the parties have agreed herein, Regular Hire employees of the I.A.T.S.E. Local 16 bargaining unit may elect to substitute the higher Fringe Benefit Package for the fiscal years of the Agreement, unless the negotiated fringe benefit increase is part of a package proposal. In such an event, Regular Hire employees of the I.A.T.S.E. Local 16 bargaining unit can vote to accept the package or refuse the package but cannot receive the increase without the corresponding concession. 

Section XXVIII. Contingent Employees

K. Fringe Benefits, Work Fees, and Payroll

1. Health and Welfare
  1. The County’s contributions to the I.A.T.S.E. Local 16 Health and Welfare Trust Fund shall be fifteen- and one-half percent (15.5%) of all gross wages (including vacation pay) for each Contingent Hire employee working under this Agreement.

Said monies are to be made payable together, in one check, separate check or via electronic payment with each payroll to the I.A.T.S.E. Local 16 Health and Welfare Trust Fund (IRS# 94-6138741).

2. Pension
  1. The County’s contribution to the I.A.T.S.E. Local 16 Pension Trust Fund shall be ten and four tenths of a percent (10.4%) of all gross wages (including vacation pay) for each Contingent Hire employee working under this Agreement.
  2. Said monies are to be made payable together, in one check, separate check or via electronic payment with each payroll to the I.A.T.S.E. Local 16 Pension Trust Fund (IRS# 94-6296420).

Section XXVIII. Contingent Employees

B. Job Class Titles, Duties and Salaries

The County of Marin employs the job class titles for International Alliance of Theatrical Stage Employees, Local 16 represented employees as follows: Head of Department, Key Personnel, and Extra Personnel. International Alliance of Theatrical Stage Employees, Local 16 may use the following titles: General Audiovisual and Multi-Source Technician. Regardless of titles, the duties shall be assigned to the appropriate County job class titles to ensure the correct rate of pay.

STEWARD:

The following provision shall only apply when the Technical Coordinator is not performing the Steward Duty.

The Steward shall be appointed by the President of Local 16, in consultation with the County, shall remain for the duration of the job and shall be paid as a Head of Department by the County. Any job that employs fifteen (15) or more employees shall be staffed by a Steward.

The responsibilities of the Steward will include the following:

  • The oversight and maintenance of all contract provisions.
  • The collection of required start papers from each employee.
  • The keeping of hours worked by each employee. The steward will make every effort to submit accurate sign in sheets if requested by the County along with the steward report for verification of hours worked.
  • The submission of daily reports to the County for the purpose of verification of hours worked.
  • The submission of steward reports to the Local 16 offices and the County for the purposes of benefits submissions.

It is ultimately the legal responsibility of the County for the correct payment by the County to each employee as stated in California Labor Code Section 226. The County is expected to review the daily steward reports, check them for accuracy and sign off on the hours related therein.

E. Meal Periods

4. If the employee’s shift is broken for one (1) hour, they shall receive a one (1) hour minimum call when they return to work. 
5. If the employee’s shift is broken for more than one (1) hour or up to two (2) hours, they shall receive a two (2) hour minimum call when they return to work.
6. If the employee’s shift is broken for more than two (2) hours, they shall receive a four (4) hour minimum call when they return to work. 

J. Overtime

1. Holiday Overtime.

Contingent Hire employees in classifications covered by this bargaining unit who are required to work on County holidays shall be paid at the rate of time and a half (1-1/2), to the nearest quarter (1/4), consistent with the practice in trade. County holidays under Section XXVIII.J,1 are the actual day of the holiday, not the observed day as described in Section XXII Holidays, Subsection A.2.

6. Double-Time Rate
  1. If an employee is excused for the day and called back the next day for the same production before a rest period of nine (9) hours has elapsed, the employee will receive double time (two times the base rate) until the employee receives a nine (9) hour rest period.
  2. All work on the seventh (7th) consecutive day, regardless of the cumulative hour total, shall be paid at double time, if the preceding days in the work week are for the same production. Otherwise, Section J, 2. will apply.
  3. Double time shall be paid between 12:00 midnight and 8:00 a.m.

SIDE LETTER OF AGREEMENT

Broadcast, Webcast And Simulcast Rates

For the taking of motion picture, television (direct, videotape or film), radio broadcast, podcast, webcast, streaming audio webcast, live or delayed, with or without the use of visual images any employee who performs duties as part of the working crew necessary for such a production shall be governed under the jurisdiction of Local 16.

It is understood that Local 16 has full jurisdiction over the filming or videotaping of motion pictures and commercials within the geographical area granted it under its I.A.T.S.E. Charter (San Francisco County, Marin County, Lake County, Mendocino County, Sonoma County, Napa County and San Mateo County) and the County agrees to be governed under the prevailing scales and conditions concerning studio and location work if and when the County, or any of its subsidiaries and/or affiliates, are filmed, televised or webcast (visual and/or audio).

It is understood that the County may present a television, video or webcast project proposal to Local 16 which represents a television, video recording, or webcast activity. It is agreed that the County and Local 16 will consider each television, video or webcast proposal on a case-by case basis. Such consideration may result in mutually agreed special wages and/or conditions for each such television, video or webcast project proposal.

Any broadcast, recording, web cast media forward or capture in which any entity derives a profit, be it from the sale of the content or attached advertisement shall be subject to the broadcast fee as defined herein. Any such media capture and/or transmission wherein no party derives a profit shall be exempt from the broadcast fee. For each event, the County and the Union, will exercise due diligence in mutually determining whether a broadcast fee is applicable. The decision must be made prior to the end of the event and such decision is final.

Payment for any of the recording classifications outlined above, not covered by the conditions and rates, shall consist of an additional eight (8) hours of straight time for Heads of Department. All other show personnel shall receive one (1) additional show call at the prevailing rate.

Upon payment for any of the classifications outlined above, the following rights are included:

  1. Taping of performances (or live telecasts) for release on television.
  2. Stereo simulcast(s).
  3. Documentary filming, if any, of the preparation of the production to include cinema rights, simulcast rights and use of any documentary portions in the telecast release and audio-visual material.

The following classifications are exempt from the provisions of this Side Letter of Agreement. However, should any of these taped properties be subsequently used for commercial broadcast or webcast, then the conditions outlined above are applicable retroactively, and it is the Employer’s obligation to inform the Union of such an occurrence.

  1. Camera Blocking (preparation) videotapes for preparation purposes which may be made during performances or rehearsals prior to the projected taping duties.
  2. Preparation videotapes may be used in the telecast release, in noncommercial educational segments and in any documentary footage or promotion material.
  3. Segments from performance or rehearsal tapes may be used for television promotion segments not more than three (3) minutes in duration.
  4. Segments of the telecast to be utilized in audio visual presentation for public school educational material provided on a non-commercial basis.
  5. Taping subsequently used for non-commercial, public access television.
  6. Taping for archival purposes.

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