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2/1/18 Final Version

LABOR AGREEMENT

between

ENCORE EVENT TECHNOLOGIES, INC.


and

INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES


AND MOVING PICTURE TECHNICIANS, ARTISTS, AND ALLIED CRAFTS
OF THE UNITED STATES, ITS TERRITORIES AND CANADA
LOCAL 720 LAS VEGAS, NEVADA
2/1/18 Final Version

TABLE OF CONTENTS

Recitals.................................................................................................................................................. 1
ARTICLE 1
Scope and Jurisdiction .................................................................................................................... 1
ARTICLE 2
Recognition and Definitions ............................................................................................................... 2
ARTICLE 3
Satellite Locations and Shop........................................................................................................... 3
ARTICLE 4
Wages ................................................................................................................................................... 3
ARTICLE 5
Overtime ............................................................................................................................................... 7
ARTICLE 6
Employment Procedure ................................................................................................................... 8
ARTICLE 7
Rest and Meal Periods .................................................................................................................... 10
ARTICLE 8
Employee Layoffs ........................................................................................................................... 11
ARTICLE 9
Holidays, Vacation.......................................................................................................................... 12
ARTICLE 10
Health & Welfare, Annuity ............................................................................................................. 12
ARTICLE 11
Pension, Training and Disability Trusts.......................................................................................... 14
ARTICLE 12
Union Security ................................................................................................................................ 15
ARTICLE 13
Check-Off and Indemnification ...................................................................................................... 15
ARTICLE 14
Union Representative And Job Stewards ........................................................................................ 16
ARTICLE 15
Management Rights ........................................................................................................................ 17
ARTICLE 16
Grievance and Arbitration............................................................................................................... 18
ARTICLE 17
No Strikes-No Lockouts ................................................................................................................. 19
ARTICLE 18
Safety .............................................................................................................................................. 20
ARTICLE 19
Tools ............................................................................................................................................... 20
ARTICLE 20
Cash Wage Bond, Worker’s Compensation, Payment of Wages, Insurance, Business License
and Facility Requirements .............................................................................................................. 23
ARTICLE 21
Union Stencil .................................................................................................................................. 24

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ARTICLE 22
More Favorable Terms .................................................................................................................... 24
ARTICLE 23
Savings Clause ................................................................................................................................ 24
ARTICLE 24
Notices ............................................................................................................................................ 25
ARTICLE 25
Good Faith ...................................................................................................................................... 25
ARTICLE 26
Family and Medical Leave Act ....................................................................................................... 26
ARTICLE 27
Non-Discrimination ........................................................................................................................ 26
ARTICLE 28
Complete Agreement ...................................................................................................................... 26
ARTICLE 29
Labor – Management Productivity Council .................................................................................... 26
ARTICLE 30
Term of the Agreement ................................................................................................................... 28
MEMORANDUM OF AGREEMENT #1
RE: Expanding Employment Opportunities for Union Members ................................................... 29
MEMORANDUM OF AGREEMENT #2
RE: Contracting Out of Bargaining Unit Work ............................................................................. 30
MEMORANDUM OF AGREEMENT #3
RE: Letters of No Re-hire.................................................................................................................... 31
MEMORANDUM OF AGREEMENT #4
RE: Apprenticeship Program .............................................................................................................. 32
MEMORANDUM OF AGREEMENT #5
RE: Regular House Crew at Harrah’s ................................................................................................. 33
MEMORANDUM OF AGREEMENT #6
RE: Sands Expo Convention Center (SECC) Satellite Location………………………………. 34
EXHIBIT I
Check-Off Agreement and System……………………………………………………………..35
EXHIBIT II
EMPLOYER’S ZERO TOLERANCE SUBSTANCE ABUSE POLICY ..................................... 37

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Labor Agreement

between

ENCORE EVENT TECHNOLOGIES, INC.


and

INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES


AND MOVING PICTURE TECHNICIANS, ARTISTS, AND ALLIED CRAFTS
OF THE UNITED STATES, ITS TERRITORIES AND CANADA
LOCAL 720 LAS VEGAS, NEVADA

This Agreement, entered into this ___ day of _____________, 2018 by and between
Encore Event Technologies, Inc., (hereinafter referred to as the “Employer”) and the
International Alliance Of Theatrical Stage Employees And Moving Picture Technicians, Artists,
And Allied Crafts Of The United States, Its Territories And Canada, And Its Local 720 Las
Vegas, Nevada (hereinafter referred to as the “Union”).

ARTICLE 1
Scope and Jurisdiction

1.01. Scope of Work. This Agreement applies to all traditional stagehand and wardrobe
work performed by the Employer at the Las Vegas Convention Center and in the Las Vegas
Metropolitan area (measured as a fifty [50] mile radius from the Las Vegas Convention Center)
related to the production of trade shows, exhibitions, conventions, or the temporary or permanent
installation of any stages, lighting, audio, video, or scenic elements and work performed in
legitimate theater, showrooms, or lounges.

1.02. Where a hotel has had an agreement with the Union and has contracted its
stagehand work to the Employer and regular, full-time employees of the hotel transfer to the
Employer’s payroll, the hotel's agreement with the Union shall remain in effect for the
transferring employees, and any employees subsequently hired to fill their positions. Such
hotel's agreement will apply whenever these employees perform the same work that was
performed previously by the hotel's regular, full-time employees.

1.03. This Agreement shall be referred to as the “Fixed Facility” Agreement and shall
apply only to the extent the Employer meets the following conditions:

(i) The Employer maintains a permanent facility in the Las Vegas Metropolitan
area of at least 30,000 square feet of office, shop, or warehouse space.

(ii) The Employer employs at least 100 regular, full-time employees.

1.04. In entering into this Agreement, the Employer and the Union recognize that it is in
their mutual interest to protect and provide expanded job opportunities for employees

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represented by the Union. The Union and the Employer agree that it is in the best interest of
both parties and the employees covered by this contract to communicate concerns on an ongoing
basis, to maintain working conditions for the employees, and services for the Employer and its
guests and clients. To better accomplish these objectives, the parties have entered into this
Agreement.

1.05. (a) Should a hotel where the Employer has established a satellite location arrive
at a collective bargaining agreement with the Union covering employees of such hotel
performing stagehand work, then within sixty (60) days of receiving notice from the Union of
such agreement, the location no longer will be considered a satellite location under this
Agreement.

(b) Where Encore House Crew members come within the scope of this
Agreement by operation of Section 1.05(a), the Encore House Crew members will be reclassified
as Hotel House Crew and governed by the terms of the hotel’s agreement with the Union, except
that the terms and conditions of this Agreement will continue to apply to any jobs that the
Employer bid and obtained within six (6) months prior to the receipt of the notice in Section
1.05(a).

(c) Hotel House Crew working under the terms and conditions of the Hotel
master labor agreement will receive the wage rate listed under Tech Level 4a effective
________________, 2018, provided the hotel approves. Over scale employees will not have
their wage rates reduced.

1.06 The Employer and the Union acknowledge that due to rapid changes in the
technology of the entertainment industry, the equipment mentioned in this Agreement is by
way of illustration and not intended to limit the employees represented by the Union to the
equipment that currently is the state-of-the-art for the industry.

ARTICLE 2
Recognition and Definitions

2.01. The Employer recognizes the Union as the sole bargaining representative for
employees performing work described in Article 1.

2.02. The “bargaining unit” under this Agreement shall include the Employer’s regular
full-time and part-time employees, as well as any casual employees hired to perform the work
indicated and described in Article 1.

2.03. Bargaining unit work shall not include any original installation or warranty repair
work performed by a manufacturer or a subcontractor of a manufacturer.

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ARTICLE 3
Satellite Locations and Shop

3.01. Satellite locations include any locations in the Las Vegas Metropolitan area at
which the Employer has established a fixed presence or facility other than the Employer’s
headquarters building and where the employees of the satellite location are not bargaining unit
employees of the Union. The Union recognizes that it is in the interest of its membership to
obtain additional employment opportunities for its members at satellite locations.

3.02. The Employer shall make reasonable efforts to staff satellite locations with shop
employees, provided that such staffing will not have a significant negative effect on the
Employer’s shop operations. The obligation to hire shop employees is contingent on the Union
providing, through the Training Trust, such training for individuals as may be required to provide
a pool of qualified applicants available to fill vacancies in the Employer’s shop.

3.03. The Employer may use shop employees to set-up general audio-visual equipment
at satellite locations or locations without a permanent house crew. General audio-visual
equipment includes DVD/VHS/television monitors, 35 mm projectors, overhead projectors, LCD
projectors, screens with drape, or house microphones.

3.04. The work covered under this Agreement shall not apply to a customer who
employs personnel to perform work customarily performed by employees covered by this
Agreement, when such work is related exclusively to the customer’s equipment, and such work
is performed by regular members of the commercial customer’s organization. For purposes of
this Section, the term “commercial customer’s equipment” shall be deemed to include equipment
which is leased or rented by the commercial customer. This Section shall not restrict the rights of
customers of the Employer at satellite locations to perform work using any employees or
contractors to perform any work.

3.05. The Employer shall not be responsible for policing a customer’s compliance with
this Section, but the Employer shall provide advance notice to the Union of any customer
intending to perform work covered by this Agreement. Upon receipt of such notice, the Union
may request a meeting with the Employer, the customer, and the Hotel to discuss whether such
work should be performed under the terms of this Agreement.

ARTICLE 4
Wages

4.01. The following job classifications and corresponding hourly wage rates are hereby
established for employees performing hourly work under this Agreement.

The Union may redirect any portion of the annual wage increase under the Agreement to
Pension, Training, Disability, or Health and Welfare contributions on behalf of the employees
covered by this Agreement provided that such change does not result in any increase in cost to
the Employer.

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Job Classification Per Hour Per Performance

TECH LEVEL 1
Laborers (employees dispatched from the shop to work only load-ins, load-outs, building
maintenance)

__/__/18 thru 12/31/18 $13.66


1/1/19 thru 12/31/19 $13.93
1/1/20 thru 12/31/20 $14.21
1/1/21 thru 12/31/21 $14.49
1/1/22 thru 12/31/22 $14.78

TECH LEVEL 2
House Crew Members (regular employees staffing a satellite location, rock & roll)

__/__/18 thru 12/31/18 $23.21


1/1/19 thru 12/31/19 $23.67
1/1/20 thru 12/31/20 $24.14
1/1/21 thru 12/31/21 $24.63
1/1/22 thru 12/31/22 $25.12

TECH LEVEL 3 (casual)


Assistant Head of Department, Elevator Operators, Spot Light Operators, Seamstresses,
Cue Caller, Audio Visual Utility, Wardrobe Attendant

__/__/18 thru 12/31/18 $29.01 $115.98


1/1/19 thru 12/31/19 $29.59 $118.30
1/1/20 thru 12/31/20 $30.18 $120.67
1/1/21 thru 12/31/21 $30.78 $123.08
1/1/22 thru 12/31/22 $31.40 $125.55

TECH LEVEL 4A (casual)


Ground Rigger, Head of Department, Head Wardrobe, Hair Dresser, Make-Up Artist,
Graphics/Power Point Operator, Forklift Operator, Full Time Hotel House Crew,
Video Wall Technician/Operator, Board Operator, A-2 Sound, Boom Operator, Character
Generator Operator, Pattern-Maker, Tailors, Audio-Visual Technician Non-Working Job
Steward

__/__/18 thru 12/31/18 $31.84 $127.44


1/1/19 thru 12/31/19 $32.48 $129.99
1/1/20 thru 12/31/20 $33.13 $132.59
1/1/21 thru 12/31/21 $33.79 $135.24
1/1/22 thru 12/31/22 $34.47 $137.94

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Job Classification Per Hour Per Performance

TECH LEVEL 4B (casual)


Graphics/Power Point Programmer, Advanced Projectionist, Administrative Job
Steward, Scenic Artist, Slow Motion Machine Operator, Tape-Op, Shaders, Advanced
Audio-Visual, Camera Operator/Beta Cam, Projectionist, Bucket Rigger

__/__/18 thru 12/31/18 $35.03 $140.00


1/1/19 thru 12/31/19 $35.73 $142.81
1/1/20 thru 12/31/20 $36.44 $145.66
1/1/21 thru 12/31/21 $37.17 $148.57
1/1/22 thru 12/31/22 $37.91 $151.55

TECH LEVEL 5 (casual)


Technical Director/Director, Video Control/Engineer, TV Audio Tech A-1, Pyro-
technicians/Lasers, Specialized Lighting Operator/Programmer/Robotics, High Rigger,
Teleprompter, Video Tape Editor, Camera Crane Operator, Scenic Artist

__/__/18 thru 12/31/18 $39.13 $156.34


1/1/19 thru 12/31/19 $39.91 $159.46
1/1/20 thru 12/31/20 $40.71 $162.65
1/1/21 thru 12/31/21 $41.52 $165.90
1/1/22 thru 12/31/22 $42.35 $169.22

CARLOADERS (casual) (Over-the-Road) Per Hour Per Car

__/__/18 thru 12/31/18 $31.84 $95.53


1/1/19 thru 12/31/19 $32.48 $97.44
1/1/20 thru 12/31/20 $33.13 $99.39
1/1/21 thru 12/31/21 $33.79 $101.37
1/1/22 thru 12/31/22 $34.47 $103.41

4.02. All employees hired to perform work under this Agreement shall be guaranteed a
minimum of four (4) hours work for each work call or four (4) hours pay in lieu thereof.
Employees in the classifications of Camera Operator/Beta Cam, Slow Motion Machine
Operator/Tape Operator, Technical Director, Video Control/Engineer, TV Audio Tech A-1/A-2,
Shader, Video Tape Editor, and Jib Arm/Camera Crane Operator, Lighting
Operator/Programmer/Robotic shall receive the following guaranteed minimum call:

(a) When an event is staged primarily for broadcast purposes, a minimum call of
eight (8) hours shall apply for each call.

(b) When the event is not staged primarily for broadcast purposes, but it is
intended that the event will be broadcast, a minimum call of eight (8) hours shall apply only on
the day(s) on which the event is staged for broadcast.

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(c) When the event is for industrials (non-broadcast purposes) employees shall
receive a four (4) hour minimum call when the call is four (4) hours or less and eight (8) hour
minimum call when the call runs more than five (5) hours.

4.03. Broadcast Rate. The broadcast rate shall be $75.00 per day paid separately and
directly to the employees without benefits in the classification listed in Section 4.02,
Audio/Video Utility Person, and Character Generator Operator, actively working on the dates
when Section 4.02(a) and (b) apply.

The broadcast minimums and fee applies when the job requires work to be performed which will
result in a product of any kind, the primary purpose of which is to generate revenue through the
direct sale of the product, the collection of fees for the presentation of the product, or the sale of
advertising in connection with the airing of the product. This fee does not apply to advertising,
news, or video electronic work performed in connection with developing educational and/or
instructional products, not-for-profit webcasting, or the product is for the private use of
individual groups or associations, without regard to market in which the product is to be utilized.

4.04. Performance Pay.

(a) A performance work call shall be for that work actually required of
employees to present any industrial show, commercial and/or industrial road show, circuses, ice
shows, or commercial traveling attractions which consist of a single or a series of scenes or acts
that would normally be regarded as what is commonly known as show act, dramas or musical
presentation. A performance shall not exceed three (3) hours total including report and setup.

(b) Employees who work a performance that exceeds three (3) hours of running
time shall be compensated for all time worked in excess of three (3) hours at the appropriate
hourly rate of pay. Running time of a performance shall include report and set-up time.
Running time of a performance shall also include all acts, exhibitions, speakers, appearances,
talent, and any other elements involved with the presentation.

(c) Employees working under the performance rate of pay may be required at the
Employer’s discretion to report to their duty stations for up to thirty (30) minutes before the
performance. This report time is solely for the purposes of determining that all employees are
available and to do the required set-up work for the performance. Compensation for report and
set-up time is included in the performance rate of pay. Any additional work shall be
compensated at the regular hourly rate.

(d) The language in this Article referring to “all work” does not include
performances. Performances will be paid at the straight-time rates and those hours will not
accrue towards daily overtime but will accrue towards the weekly overtime (i.e., over 40 hours).

4.05. Definitions:

Shop Employee. An employee who performs work in the Employer's shop at the
Employer's Las Vegas Headquarters.

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Encore House Crew. Any regular full-time or part-time employee employed at


any satellite location.

Hotel House Crew. Any employee on the Employer's payroll pursuant to Sections
1.02 and 1.05.

Regular Full-Time Employees. Employees who are regularly scheduled to work


forty hours or more per week and are not in a temporary or introductory status.

Regular Part-Time Employees. Employees who are regularly scheduled to work


thirty-two hours or less per week, but who may work up to forty hours on a semi-
regular basis, and who are not in a temporary or introductory status.

Advanced Projectionist. Any employee who converges or operates high-end


projectors, such as DLPs (other projection work will be performed by AV Techs).

TV Audio Tech A-1 and A-2 Sound. A sound person who primarily performs
work to which the broadcast fee in Section 4.03 applies. These classifications
will not apply to persons who perform work that is incidental to the broadcast
work (such as running a feed to a broadcast truck).

Advanced AV Tech. A person who is responsible for setting up and


operating a sound system that uses voice, computer, and/or video tape
equipment and requires active cueing and mixing, projectors, and includes
computer interfacing and source routing equipment used to control multiple
source signal sent to projection devices requiring monitoring and switching.

High Rigger. A high rigger is a person hanging temporary rigging points


using wire rope slings, GAC-Flex slings, or polyester round slings (i.e.
baskets and bridles) even if done from a bucket. If the Employer, in its
discretion, appoints a lead rigger, the lead rigger will be classified as a high
rigger regardless of duties performed.

Wage Rates. The wage rates listed in this Agreement represent minimums and
nothing in this Agreement shall be interpreted as prohibiting the Employer from
entering into an Agreement with any such employee to pay wages greater than the
minimum.

ARTICLE 5
Overtime

5.01. All work in excess of eight (8) hours in any shift or after forty (40) straight-time
hours in the work week shall be paid at one and one-half (1 1/2) times the straight-time hourly
rate, unless otherwise provided for in this Agreement. All work in excess of twelve (12) hours in
any shift shall be paid at two times (2 x) the straight-time hourly rate.

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5.02. All work performed by an employee on the employee’s sixth (6th) consecutive
day of work in a seven (7) day period shall be compensated for at one and one-half times (1½ X)
the employee’s appropriate rate of pay for the first eight (8) hours, and double time (2X) the
appropriate rate of pay thereafter when he/she is scheduled to, or recalled, to work the
same job at the same venue for six (6) consecutive days in a seven (7) day period. All work
performed by an employee on an employee’s seventh (7th) consecutive day period shall be
compensated for at two times (2X) the employee’s appropriate rate of pay when he/she is
scheduled to, or recalled, to work the same job at the same venue for seven (7) consecutive
days in a seven (7) day period.

5.03. Notwithstanding anything herein to the contrary, it is agreed that under no


circumstances shall the combination or duplication of rates of pay exceed two (2) times the
regular straight-time rate of pay, except in the case of a meal penalty or turnaround, in which
case it shall not exceed three (3) times the regular straight-time rate of pay.

5.04. Fractions of an hour shall be calculated and paid in fifteen (15) minute
increments.

5.05. Nothing in this Agreement shall be construed to require the Employer to provide
an employee with work which would result in the employee being paid at premium or penalty
rates under any of the terms of this Agreement or under the provisions of any applicable law or
the rules or regulations of any governmental agency having jurisdiction of the parties hereto.
Overtime shall be paid for hours actually worked and shall not include any hours paid but not
worked.

ARTICLE 6
Employment Procedure

6.01. Where the Employer is acting exclusively as a payroller or payroll service, the
Employer will call the Union’s dispatch office to request such applicants as the Employer may
need by classification. It shall be the Employer’s responsibility when requesting applicants to
state the qualifications applicants are expected to possess, the functions they will be expected to
perform, and the period of time they are expected to work. The Employer shall give the Union
as much advance notice as possible of its anticipated employment needs. The Union shall
immediately advise the Employer if it is unable to meet its requirements. The Employer shall
then have the right to request employees from any source but then must notify the Union of the
names, classifications and dates of hire of such employees. An Employer may reclassify an
employee if changes in the job requirements or employee’s skill require such a change.

(a) The Employer may request multiple referrals of applicants to be interviewed


for vacancies, but the Union shall not be obligated to refer more than four (4) applicants at the
same time for each vacancy. The Union shall not be required to furnish additional applicants for
interview until the Employer notifies the Union of its decision with respect to applicants
previously referred.

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(b) Referrals of applicants shall be on a non-discriminatory basis and, in


accordance with applicable laws, shall not be based upon, nor in any way affected by, Union
membership, by-laws rules, regulations, constitutional provisions, or any other aspect or
obligation of Union membership, policies or requirements, nor upon the individual’s race, color,
religion, sex, age or national origin. The parties signatory hereto agree that any and all liability
which may arise to any person or in any proceedings in any court, or before any governmental
agency in connection with the administration of the provisions of this Article shall be several
only. This limitation against joint liability is deemed necessary by the parties because of the fact,
recognized by each of them, that the parties will act severally and not jointly in such matters and
will, in so acting, not be subject to the control of any of the other parties.

(c) The Employer may hire or request its Head of Department and the first
assistant for each of the following classifications: Carpentry, Electric, Stage Properties,
Wardrobe, Projection, and Audio. In addition, the Employer may hire or request fifty percent
(50%) of the remaining crew. Where it applies, the House right of first refusal will be limited to
fifty percent (50%) of the remaining crew. These limitations shall not apply to employees
employed in Tech Level 4B and 5, for which the Employer may hire or request one hundred
percent (100%) of its crew. The Union shall not impose any restrictions on its members that
would in any way inhibit the Employer's right to hire employees under Article 6. Letters of
Request by name do not apply to Car Loaders.

(d) An Employer acts exclusively as a payroller or payroll service within the


meaning of this Paragraph 6.01 when the Employer does not own, lease, rent, or in any way
provide any piece of equipment that is used on the job.

6.02. In the employment of applicants for all work covered by this Agreement, where
the Employer is not acting as a payroller pursuant to Section 6.01, the Employer shall have the
right to request any employees whose names are maintained on a roster maintained by the Union.
If the Employer wants to hire an individual(s) who is not on the roster, the Employer may hire
such individual(s) so long as the Employer provides the Union with the name of the individual(s)
hired within forty-eight (48) hours of hiring. At any time, the Employer shall provide to the
Union the names of individuals who shall be added to the roster. The Employer shall not abuse
this privilege.

6.03 It is agreed that for the purposes of this Section, the Employer will provide
dispatch with four (4) hours advance notice of the cancellation or postponement of a work
call. If the Employer fails to provide such notice, and an employee reports as required by
the call ready, willing, and able to work, the Employer shall pay the employee four (4)
hours reporting pay or provide the affected employee(s) with a minimum four (4) hours
work. An employee may decline the four (4) hours of work, in which case the employee will
not receive reporting pay.

6.04. The Employer shall be the sole judge as to the competency and qualifications of
all employees and applicants for employment. The Employer may reject any job applicant
referred by the Union, provided, however, that no applicant or employee shall be discriminated

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against because of his union or non-union status, nor because of his participation in concerted
activities protected under the Labor Management Relations Act, 1947, as amended.
This used to be 6.03.

6.05. No applicant who has been rejected by the Employer shall be re-referred to the
Employer with respect to the same vacancy for which he initially was referred, and no individual
who has been declared ineligible for rehire by the Employer will be referred for any subsequent
job opening listed by the Employer, provided that the Employer has given prior notice to the
Union, in writing, that the employee has been declared ineligible for rehire. Any employee
whose lack of necessary skills or experience to perform his job has resulted in his being declared
ineligible for rehire shall have such ineligibility removed from the employee’s personnel record
at the end of six (6) months, provided that prior to referral the employee has demonstrated his
ability to perform the work involved to the satisfaction of the Employer.

6.051. All letters of no rehire shall be subject to Steps 1 and 2 of the grievance and
arbitration procedure except for letters issued for not possessing qualifications necessary to
do the job.

6.052. The Employer shall rescind notices of ineligibility based upon substance
abuse upon submission of proof that the individual has successfully completed a
rehabilitation program for alcohol or drug abuse.

6.053. Individuals who have been declared ineligible for rehire because said
individual does not possess the proven qualifications required to perform the work
involved shall, upon written request to the Employer after ninety (90) days of elapsed time,
be given an opportunity to demonstrate his/her ability to meet the Employer's job
performance standards, which are uniformly required of other employees working under
the same job classification. Upon successful demonstration the ineligibility for rehire shall
be removed from the individual's personnel records, thereby, becoming eligible for rehire.
It is understood and agreed that successful completion of a Training Trust class shall be
deemed "successful demonstration" for purposes of this paragraph.

6.054. All notices of ineligibility for rehire must be made in writing, setting out the
issue(s) and surrounding circumstances, and provided to the Union by email with
confirmation requested within twenty (20) working days from the date of the incident
giving rise to the declaration of ineligibility for rehire by the Employer.

ARTICLE 7
Rest and Meal Periods

7.01. Employees shall receive a paid (10) minute break for each four (4) hours worked.
Where possible, the Employer shall attempt to schedule the morning work break approximately
two (2) hours after the employees begin work and the afternoon work break approximately two
(2) hours after the completion of the afternoon meal break period.

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7.02. Employees shall not be required to work more than five (5) hours without being
allowed a meal period of at least one-half (1/2) hour, which meal period shall not be considered
time worked and shall not be paid for by the Employer. However, an employee may work six (6)
consecutive hours without a meal break if at the end of six (6) hours, he/she is released from
duty. Employees shall receive a two (2) hour minimum call when they return to work after
lunch.

7.022. No meal penalty shall be required if an employee works past the fifth hour
without a meal break provided he/she is worked or paid six (6) hours and is released from
duty. However, should the employee work past the sixth (6th) hour, the meal penalty shall
be paid retroactive to the fifth (5th) hour of the shift.

7.03. Any employee required to work through their meal period shall be paid in addition
to the prevailing rate, an additional hour at straight time, for each hour worked until such time as
a meal break is taken. In lieu of a meal break, the Employer may provide a meal, in which case,
the workers will suffer no loss of time on the payroll and the Employer will not incur a meal
penalty.

7.04. Each employee shall be entitled to a rest period of eight (8) consecutive hours after
he is relieved from duty on a job. In the event an employee is relieved from duty on a job and
then recalled to the same job prior to receiving the full eight (8) hour rest period, such employee
shall earn three times (3X) the straight time rate of pay for any hours worked and shall continue
to receive this premium pay until the employee receives a rest period of eight (8) consecutive
hours.

ARTICLE 8
Employee Layoffs

8.01. The Employer agrees that, in the event of a layoff of regular, full-time and part-
time employees covered by this Agreement, the Employer must provide fourteen (14) days
advance written notice to the Union and to such employees, or two weeks pay in lieu of notice.

8.02. The Employer agrees that employees on layoff shall be recalled to work, as needed,
in the order of their seniority, except that the right of any employee to be recalled under this
section shall expire six (6) months from the effective date of his layoff.

8.03. The Employer recognizes the principle of seniority which, for the purposes of this
Agreement, is defined to mean that regular, full-time employees who have the longest
continuous time of service with the Employer in a classification shall have preference for
retaining employment in case of a curtailment of operations, subject to the Employer's judgment
as to the qualifications of the employees involved; provided that such judgment shall be
exercised fairly and in good faith. In cases where a contract is already in existence, service time
will start from the date the employee worked under that agreement.

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ARTICLE 9
Holidays, Vacation Pay

9.01. Paid Holidays. All work performed on the following days by all employees
covered by this Agreement shall be paid for at two times (2 X) the employee's straight time rate
of pay:

New Year’s Day Independence Day


Martin Luther King, Jr. Day Labor Day
Easter Sunday Thanksgiving Day
Memorial Day Christmas Day

9.02. The Employer shall pay the following amounts as vacation pay to all
employees covered by this Agreement. Vacation pay shall be paid in full at the end of each
payroll period. The contribution rate shall be as follows:

Tech Levels 2 (only when working under the rock & roll agreement), 3, 4A, 4B, and
5:
Two percent (2%) of an employee’s gross wages.

ARTICLE 10
Health & Welfare, Annuity and Training

10.01. The Employer agrees to contribute for each employee covered by this
Agreement the sum of $4.39 per hour to UNITE HERE Health for the purpose of providing
health and welfare benefits under the UNITE HERE Health Plan, or such new merged or
consolidated plan as may be adopted by the Trustees. Said contributions shall be
submitted monthly, together with a report of the employee data required by the Trust
Fund, on the format prescribed by the Fund, no later than the fifteenth (15th) day of the
month following the month for which contributions are to be made.

10.011. The Employer shall pay all rates as required by the UNITE HERE Trustees
for coverage over the term of this Agreement.

10.02. The Employer and the Union agree to be bound by the Agreement and
Declaration of Trust of the said UNITE HERE Health as may, from time to time, be
amended, and they do hereby irrevocably designate as their respective representatives on
the Board of Trustees, such Trustees names in said Agreement and Declaration of Trust as
Employer and Union Trustees, together with their successors selected as provided therein,
and agree to abide and be bound by all procedures established and actions taken by the
Trustees pursuant to said Trust Agreement. Any provision in this Agreement that is
inconsistent with the Agreement and Declaration of Trust, or the Plan of Benefits, rules, or
procedures established by the Trustees, shall be null and void.

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10.03. The Employer shall also participate in the IATSE National Health and
Welfare Fund or the Union Blue Cross Plan (“Union Blue Cross Plan”) or another local
health care provider plan approved by the Union and the Employer, effective upon
signature of this Agreement, for those employees who choose the Union Blue Cross Plan or
another local health care provider approved by the Union and the Employer. The parties
hereto agree to execute the standard form of Participation Agreement provided by the
Union Blue Cross Plan. The completion thereof with the Union Blue Cross Plan shall be a
condition of their participation therein.

10.031. The Employer agrees to contribute the following percentage of gross wages
earned by all employees to the IATSE National Health and Welfare Fund, the IATSE
Annuity Fund:

Effective: __/__/18 1/1/19 6/1/20 6/1/21 6/1/22


H&W 13.3% 13.4% 13.5% 13.6% 13.7%
Annuity 3% 3% 3% 3% 3%

10.032. Such contributions shall be made by check payable to the “IATSE National
Health and Welfare Fund”, and the “IATSE Annuity Fund” and the “IATSE Training
Trust Fund” no later than the 10th day of each month in respect to all employment during
the preceding month on which contributions were payable. In conjunction with each
payment the Employer shall submit a remittance report showing the names of the
employees for whom contributions are being made, their social security numbers, their
dates of employment, the number of hours of employment by them as well as the amount of
contributions paid for them. Health and Welfare, and Annuity contributions shall be sent
to the IATSE National Benefit Fund, 55 West 39th Street, 5th Floor, New York, NY 10018.

10.04. The Employer agrees to be bound by all of the terms and conditions of The
Agreement and Declaration of Trust for each of the following Funds: (1) the IATSE
National Health & Welfare Fund, and (2) the IATSE National Annuity Fund, all as
restated September 22, 2005, and as amended, respectively, and each respective Fund’s
Statement of Policy and Procedures for Collection of Contributions Payable by Employers,
as related to the contributions due as set forth in this Agreement.

10.041. The Employer agrees to withhold voluntary wage assignments for the
IATSE Annuity Fund and forward the assignments to the Annuity Fund in the same
manner that Employer contributions are made. Employees must submit their request for
voluntary wage assignment on the proper form provided by the IATSE Annuity Fund.

10.05. The employee will have the option to receive contributions from the
Employer to one of the health care funds listed in 10.01 or 10.03. It is the responsibility of
the employee to properly elect and designate their preference with the Employer in
accordance with each fund’s guidelines. Should the employee fail to properly notify the
Employer, the Employer will make contributions to the IATSE National Health and
Welfare Fund for the employee.

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ARTICLE 11
Pension, Training and Disability Trusts

11.01. The Employer agrees to accept and be bound by the provisions of the Agreement
and Declaration of Trust establishing the Nevada Resort Association - I.A.T.S.E. Local 720
Pension Trust Apprentice and Journeyman Training and Education Trust, and Disability Trust,
and further agrees that the Employer Trustees of said Trusts, and their successors in trust, are and
shall be its representative and consents to be bound by the rules and regulations established, or as
may be established, by the Trustees of such Trusts.

11.02. Notwithstanding any other provisions in this Article, the Employer agrees that, at
the request of the Union, the parties will establish a Taft-Hartley Trust or select an alternative
local health care provider to provide Health and Welfare Insurance for the employees
represented by the Union. The Trust or local plan will devise the plan including the method of
providing benefits. The Employer agrees to make all contributions set forth above into this new
Trust Fund or local plan and further agrees that the Union may divert wages into contributions in
order to maintain or increase benefits. The Union expressly understands that no additional
contributions in excess of those set forth above shall be required by the Employer during the
term of this Agreement. The Trust or local plan shall be designed so as to allow contributions
from any Employer that is signatory to the Union. The parties expressly agree that should a
dispute concerning the creation of the Trust or local plan arise, the dispute shall be referred to the
parties’ respective legal counsel with the mandate to resolve the dispute expeditiously.

11.03. Substance Abuse Policy: The parties agree to adopt the Substance Abuse Policy
attached hereto as Exhibit II, as the substance abuse policy for employees employed under this
Agreement.

11.04. On a monthly basis, the Employer shall remit to the trust funds the following
amounts earned by or paid to employees covered hereunder during the preceding month.

Effective: __/__/18 1/1/19 1/1/20 1/1/21 1/1/22


Pension 11% 11% 11% 11% 11%
Disability .1% .1% .1% .1% .1%
Training 1% 1% 1% 1% 1%

11.05. With thirty (30) days prior written notification to the Employer and the Disability
Trust Fund the Union, at its discretion, shall be entitled to divert all or part of the contributions
due to the Disability Trust Fund to Health and Welfare contributions as directed by the Union.

11.06. The Employer agrees to deduct from each employee’s gross wages at each
payroll period such voluntary contributions to the IATSE Political Action Committee
(IATSEPAC) as the employee has authorized in writing to be deducted. No later than the
15th day of each month, the Employer will issue a single check for such deductions payable
to IATSEPAC. With each payment the Employer shall submit an accounting report which
shall include the name of the employees, Social Security number and the amount of
contributions paid. The IATSEPAC contribution check and the accounting report shall be

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sent to the office of IATSE Local 720 for review and forward to the IATSEPAC. Employees
who wish to cancel their deduction will sign a card supplied by the Union for such purpose.
Refunds will be the responsibility of the Union.

ARTICLE 12
Union Security

12.01. Union Shop. Subject to the provisions of the Labor Management Relations Act,
1947, as amended, it shall be a condition of their employment that all employees covered by this
Agreement who are members of the Union in good standing on the date of execution of this
Agreement, shall remain members in good standing during the period of their employment, and
those who are not members of the Union on the date of execution of this Agreement, become and
remain members of the Union while employed by the Employer. It shall also be a condition of
employment hereunder that all employees covered by this Agreement shall, on or after the
thirtieth (30th) day following the employees first employment by the Employer in the
classifications covered herein, become and remain members of the Union throughout the period
of their employment with the Employer.

12.02. Effect of State Laws. Notwithstanding anything to the contrary therein, Section
12.01 shall not be applicable if all or any part thereof shall be in conflict with applicable law;
provided, however, that if all or any part of Section 12.01 becomes permissible by virtue of a
change in applicable law, whether by legislative or judicial action, the provisions of Section
12.01 held valid shall immediately apply.

ARTICLE 13
Check-Off and Indemnification

13.01. The Employer shall deduct from the wages of each employee covered by this
Agreement, for whom there shall be filed written assignment in accordance with section 302(c)
of the Labor Management Relations Act, 1947, and in the form attached hereto as Exhibit I, such
amounts or percentage of wages as may be specified in said written assignment. Such
deductions shall commence as the date of filing each assignment with the Employer and shall
continue thereafter with respect to each and every subsequent wage payment made to the
employee during the term of his/her said written assignment or the expiration of this Agreement,
whichever is sooner. Within 15 days after the end of each month, the Employer shall remit to the
Union the total amount of deductions made during the said period. At the time of such
remittance, the Employer shall furnish to the Union a statement of names of the employees on
whose account such deductions were made, their respective earnings for said period and the
amount of the deduction for each such employee during such period.

13.02. Indemnification. The Union will indemnify and save the Employer harmless
against any and all claims, demands or other form of liability, which may arise out of, or by
reason of any action taken, or not taken by the Employer at the request of the Union, in
accordance with the provisions of this Article.

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ARTICLE 14
Union Representative and Job Stewards

14.01. The Union agrees that its representatives shall not seek to gain access to any area
of the Employer’s premises or any locations where the Employer’s employees are performing
work, without permission of the Employer, however, with prior notice the Union shall not be
denied reasonable access. Any meetings between the Employer and the Union shall take place at
a mutually agreeable location.

14.02. The Union shall select the Job Steward from among the crew. The Job Steward’s
function, in addition to their normal work, shall be to administer the contract in the absence of
the Business Representative of the Union, and report to the Business Representative of the Union
grievances or alleged infractions of this Agreement. The Job Steward shall not perform any
union related duties during working hours, unless directed by the Employer. In such cases, the
Job Steward will seek the Employer’s approval to perform such duties and the Employer will not
unreasonably withhold such approval.

14.03. When the total number of the crew reaches twenty (20) for the same client,
regardless of inter-company job-numbers, billing practices, and/or different clients on the
same show or for any other job where the Employer decides, in its sole discretion to do so,
the Employer will employ an Administrative Job Steward. If the crew is reduced below twenty
persons, the Employer will not be required to retain an Administrative Steward. However, the
Employer will make reasonable efforts to provide the Administrative Steward a working position
on the crew for which s/he is qualified. In such case, the former Administrative Steward will
receive the wage rate applicable to the position provided. The decision to provide the
Administrative Steward a working position shall be within the Employer’s sole discretion.

14.04. All Job Steward(s) shall be compensated at the prevailing rate for the specialty in
which he/she is working or, the appropriate head of department rate, whichever is higher.

14.05. The Administrative/Job Steward shall be recognized as a representative of


the Business Representatives Office and will be responsible to bring to the immediate
attention of the Employer’s designated representative any complaint or grievance which
may arise on the job. If the complaint or grievance cannot be resolved, the Steward shall be
responsible for contacting the appropriate representative of the Union for further handling
of the complaint or grievance pursuant to the grievance and arbitration procedures
contained in this Agreement.

14.051. Administrative Stewards, under direction of the employer, will assist


with time keeping, safety, training, dress code infractions, and notification of meals/breaks.

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ARTICLE 15
Management Rights

15.01. Realizing that the Employer must have flexibility regarding all job assignments
and other operational decisions in order to respond to competitive pressures, business needs, and
change, the Employer retains the right to exercise all the rights and functions of Management.
Any of the rights, power, and authority the Employer had prior to entering into this collective
bargaining relationship are retained by the Employer, except as expressly and specifically
abridged, delegated, granted, or modified by this agreement.

15.02. The term “Employer” under this Agreement is limited to the Employer whose
name is listed in the caption of this Agreement. Any other Employers that may have signed
identical or similar agreements or who have agreements with IATSE Local 720 are not
considered Employers within the meaning of this Agreement.

15.03. The parties acknowledge the existence of the Employer’s Handbook and agree
that the Handbook shall apply to employees covered by this Agreement to the extent that it does
not conflict with any provision of this Agreement or such agreements as the parties may
subsequently reach. The Employer shall provide a copy of the current handbook to the Union or
any employee upon request. Without limiting the foregoing, at its sole discretion, the Employer
may adopt new or modified rules relating to grooming and dress standards. Prior to
implementing any dress and grooming requirements, the Employer shall provide a copy of such
requirements to the Union and discuss the requirements with the Union. The Employer shall
have the right to unilaterally implement any dress and grooming requirements after providing the
Union with a copy of the proposed requirements and the opportunity to discuss the requirements.

15.04. The Employer may charge an employee for any damage caused by the employee,
either to the Employer’s property or that of any of the Employer’s customers, or for any liability
incurred by the Employer due to the employee’s negligent, reckless, or willful conduct. The
Employer may make reasonable deductions from an employee’s paycheck to cover such
amounts. Nothing in this section shall be interpreted as restricting the Employer’s right to
discipline an employee, up to and including termination, for causing such damage or liability.

ARTICLE 16
Grievance and Arbitration

16.01. Grievances Defined. For the purpose of this Agreement, a grievance is defined as
a claim or allegation by an employee in the bargaining unit or the Union that the Employer has
violated or is violating the provision of this Agreement. It is the intent of the parties that they
will attempt in good faith to resolve grievances without initiating the formal arbitration process.

16.02. Grievance and Arbitration Procedure.

(a) Grievances must be submitted in writing to the Employer’s representative and


signed by a Union representative or the employee affected. In order to be timely, grievances

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must be presented within six (6) fourteen (14) workdays following occurrence of the event
giving rise thereto, or within six (6) fourteen (14) workdays of the time the employee or the
Union could have reasonably acquired knowledge of provision or provisions of this Agreement
alleged to be involved. The Employer will notify the Union of the identity of his designated
representative.

(b) Step 1. Within seven (7) workdays following the presentation of the
grievance, representatives of the Union and the Employer shall meet and attempt to resolve the
issue in dispute.

(c) Step 2. If the parties are unable to resolve the dispute at the first step, the
Union or the Employer may elect to refer the matter to a Board of Adjustment by notifying the
Employer within seven (7) workdays of the date the decision is rendered in Step 1 above. The
Board of Adjustment shall consist of two (2) representatives selected by the Union and two (2)
selected by the Employer. The Board of Adjustment shall meet within seven (7) workdays
following the conclusion of Step 1, and a decision concurred in by a majority of all members
thereof shall be final and binding on all parties. As an alternative to the Board of Adjustment the
Union and the Employer may jointly agree to refer the dispute for mediation with the Federal
Mediation and Conciliation Service.

The parties agree to abide by the award of the Adjustment Board. The parties
further agree that there shall be no suspension of work when such dispute arises while it is in the
process of adjustment or arbitration.

(d) Step 3. Arbitration.

1. If the issue cannot be resolved in accordance with the procedure


described above, the Union or the Employer may elect to refer the matter to an impartial
arbitrator, by serving upon the other party notice of its desire to arbitrate. Such notice must be
given not later than seven (7) workdays following the completion of Step 2 above. All
arbitrations shall be held before a single arbitrator. The written demand for arbitration shall set
forth the grievance to be arbitrated, the section or sections of this Agreement alleged to have
been violated, and the relief sought. Representatives of the Union and the Employer shall
attempt to select an arbitrator, but if they are unable to do so within seven (7) workdays after the
demand for arbitration, the parties shall request the Federal Mediation and Conciliation Service
to submit a list of seven (7) recognized and qualified arbitrators. The Union shall first strike one
name from the list and the Employer shall then strike one name, thus alternating until the
remaining name shall be the arbitrator. The arbitrator shall be notified of his selection by a joint
letter from the Union and the Employer.

2. The arbitrator shall not have any authority, jurisdiction or power to


alter, amend, change or modify, add to or subtract from any of the provisions of this Agreement.
The arbitrator’s award shall be based solely upon his interpretation of the meaning or application
of the provisions of this Agreement. The award of the arbitrator shall be final and binding upon
the Union, the employee involved and the Employer. The expenses and fees of the arbitrator
shall be shared equally by the Union and the Employer.

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16.03. Time Limits. It is understood and agreed that if an employee, or the Union fails
to abide by the time limits specified in this Article 16, the grievance shall be invalid. It is further
understood and agreed that if the Employer fails to abide by the time limits specified in this
Article 16, the grievance shall be deemed denied by the Employer and the grievance shall
advance to the next step in the grievance process, up to and including arbitration where
appropriate. Time Limits. It is understood and agreed that if the Employer or the Union fails to
abide by the time limits specified in this Article 16, the grievance shall advance to the next step
in the grievance process, up to and including arbitration where appropriate.

16.04. Extension of Time Limits. The time limits and other provisions set forth in this
Article may be extended or waived by mutual agreement of the parties.

ARTICLE 17
No Strikes-No Lockouts

17.01. For the duration of this Agreement, the Union, its members, officers agents,
employees, and representatives, agree that they will not instigate, condone, aid, or engage in any
strikes or work stoppages of any kind, including sympathy strikes, slowdowns, sit-downs,
picketing, boycott, or any action of any kind which will interrupt or interfere with the operations
of the Employer, either directly or indirectly, for any reason whatsoever.

17.02. Union officials and representatives shall use every legal and proper means, and
exert every possible effort, to prevent or stop the occurrence of employee action in violation of
this Article, including the use of Union disciplinary proceedings and fines. The Union shall
inform the Employer of its efforts in this respect (including copies of any notices to employees
and a statement in writing to the Employer that the activity is unauthorized and in violation of
this Agreement).

17.03. In the event that any employee in the bargaining unit covered by this Agreement
shall, during its term, engage in any of the activities herein prohibited, the Union agrees, upon
being notified by the Employer, immediately to direct such persons to cease such activity and
resume work immediately. The Employer shall have the right to immediately terminate, without
notice, any employee who engages in any of the activities prohibited by this Article, and, in the
event a grievance is filed protesting such termination, the sole question for arbitration shall be
whether the person engaged in the prohibited activity. The foregoing shall not be construed as a
limitation upon any relief to which the Employer may be entitled.

17.04. During the term of this Agreement, the Employer will not lock out any of the
employees covered by this Agreement.

ARTICLE 18
Safety

18.01. The Employer will comply with all safety standards required by the State of
Nevada and the Occupational Safety and Health Act, insofar as such standards are applicable to

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the employees covered by this Agreement and will not require an employee to work under
hazardous conditions without providing such safeguards as are consistent with established safety
practices.

18.02. Employees are required to comply with all safety policies and practices
established by the Employer and to cooperate with the Employer in the enforcement of safety
measures. Employees will comply with all safety standards required by the State of Nevada and
the Occupational Safety and Health Act, insofar as such standards are applicable to the
employees covered by this Agreement.

ARTICLE 19
Tools

19.01. Tools. Employees shall be required to furnish those small hand tools that are
customarily used to perform the work involved. The Employer shall either furnish all power or
special tools or make mutually satisfactory financial arrangements with employees to
compensate them for the use of such tools furnished by them. The list of tools that employees
shall be required to furnish is as follows:

(a) Carpentry

16 ounce claw hammer


Hand saw
8” crescent wrench
3/8” drive ratchet and sockets 3/8” – 3/4”
Open end box wrenches 3/8” – 3/4 “
Set nut drivers
Phillips head screwdrivers #1, #2, #3
Straight blade screwdrivers 3/16”, 1/4”, 5/16”
Chalk line and chalk
Combination square
Framing square
25” tape measure
Allen wrench set
Utility knife
Pencils and pen
Pliers/slip joint
Diagonal pliers
Pry Bar
Small level
Linesman pliers
Chisels 1/4” – 1”
Nail set

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(b) Electrical:

Speed wrench with 1/2” 8 point socket and assorted 8 point sockets
8” crescent wrench
Small crescent wrench
3 phillips head screwdrivers (large, medium and small)
3 straight blade screwdrivers (large, medium and small)
Pocket knife
Hammer
Continuity tester
Voltage tester
3 pin tester
Set of allen wrenches
1 pair of dikes
1 linesman pliers
1 set of channel locks

(c) High Riggers:

1 rated safety harness with breakaway lanyard


1 50’ hand line
1 165’ dynamic line
4 steel locking caribiners
1 standard belay device (figure 8)
1 single rope descending device (either a Grigri or a Pretzel single rope device
1 aluminum pulley wheel (suitable for 11mm line)
5 1” webbing sewn loops, 12” or longer (rating on webbing at least 5,000 lbs)
1 8” adjustable wrench
1 speed wrench to fit 5/8’s bolt
1 multi-purpose tool with knife (Leatherman or Gerber variety)
1 50’ tape measure
Suitable clothing and footwear to perform the job safely

(d) Advanced Projectionists:

1 working flashlight
1 volt ohm meter
1 set of television alignment tools
3 phillips head screwdrivers (large, medium, and small)
3 straight blade screwdrivers (large, medium and small)
1 pair of 8” bullnose lineman’s pliers
1 pair of needlenose pliers
1 soldering iron and solder
1 green handled tweaking screwdriver

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(e) Sound Persons:

Headset with 1/4” jack


1 working flashlight
1 volt ohm meter
3 phillips head screwdrivers (large, medium and small)
3 straight blade screwdrivers (large, medium and small)
1 pair of 8” bullnose lineman’s pliers
1 soldering iron and solder
1 green handled tweaking screwdriver

(f) A/V Tech:

1 working flashlight
1 Phillips head screwdriver
1 straight blade screwdriver
1 pair of pliers
1 pocket knife
1 pen and pencil
1 green handled tweaking screwdriver
1 multi-plier

19.02. Wardrobe employees, who, at the request of their Employer, furnish personal
equipment for the convenience of the Employer, shall receive one (1) hour pay per item (such as
a steamer, sewing machine, iron, etc.) per day in order to compensate the employee for the use of
the personal equipment.

19.03. Transportation. Employees who, at the request of the Employer, use or furnish
personal vehicles for the convenience of the Employer shall be compensated for the use of such
vehicles at the rate allowed by the United States Internal Revenue Service.

19.04. Required Clothing. The Employee shall furnish and maintain blackout clothing
when required by the Employer. Should an employee be able to supply his/her own special
clothing when requested by the Employer, the Employer agrees to clean, replace or repair as
appropriate any special clothing that becomes soiled or damaged while in the employ of the
Employer. In all other cases, employees shall dress in a manner appropriate for the time, place,
and type of work involved. Employees who are issued clothing pursuant to the provisions of this
Article shall reimburse the Employer for such clothing that is lost or stolen if the employee has
been directed to place such clothing in a secure location, or if the employee has been allowed to
take the clothing from the premises. The amounts of any such reimbursement shall not exceed
the Employer’s actual cost of replacing the clothing, and may thereafter be deducted from the
employee’s paycheck.
19.05. The provisions of this Article shall not be construed as requiring any employee to
furnish special tools or vehicles for the convenience of the Employer as a condition of
employment.

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ARTICLE 20
Cash Wage Bond, Worker’s Compensation,
Payment of Wages, Insurance, Business License
and Facility Requirements

20.01. Cash Wage Bonds. The Employer shall comply with Local 720’s policy requiring
employers that do not employ Local 720 members on a weekly basis and that do not have a
warehouse or shop facility in the Las Vegas Metropolitan area to deposit with the Union the
equivalent of two times the projected wages, including all benefit costs and roll-up, for any job
for which an employer seeks referrals from the Union. In the event the Employer does not make
complete payment of all wages and fringe benefits, the Union shall be free to disburse these
funds to the employees involved. If an employer habitually underestimates the wages required,
the Union will make an independent evaluation of the amount in excess of that provided for in
this Section that the employer must deposit with the Union. The deposit will be returned to the
employer once the Union receives evidence satisfactory to the Union that all wages and benefits
have been properly paid.

20.02. Workmen’s Compensation. Upon request, the employer agrees to provide the
Union with proof of coverage of employees by Worker’s Compensation through the State
Industrial Insurance System (“SIIS”), proof of a license to do business in the State of Nevada,
and required liability insurance.

20.03. Payment of Wages. All wages and fringe benefits shall be paid within seven (7)
days after the conclusion of the job. Jobs which last longer than three (3) days shall have a cut-
off-date of Tuesday of each week. All wages and fringe benefits must be paid in full no later
than 3:00 p.m., Friday of the next week. All payroll checks must be issued on a local bank
located in the greater Las Vegas area, unless otherwise arranged with the Union.

ARTICLE 21
Union Stencil

21.01. All scenery, properties, equipment, or other materials constructed by employees


hereunder shall bear the Union stencil, which shall be supplied by the Union. The Union may
withdraw the privilege of using the stencil if it is shown that the Employer has committed a
substantial breach of the terms of this Agreement.

ARTICLE 22
More Favorable Terms

22.01. Should the Union enter into any contract with a like in kind employer for a
bargaining unit including individuals performing work of the type performed by the bargaining
unit covered by this Agreement, which contains terms and conditions which are more favorable
to said other employer than the terms and conditions in this Agreement, then, at the Employer’s
option, all of the terms and conditions of the other agreement may be incorporated into this

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Agreement in lieu of the terms specified herein. This Article shall not apply to any first time
collective bargaining agreements executed by the Union.

22.02. The Union agrees that, upon demand of the Employer, it shall exhibit to the
Employer or its authorized representative any agreement, with all attachments, entered into with
any other employer for a bargaining unit including individuals performing work of the type
performed by the bargaining unit covered by this Agreement. A failure on the part of the
Employer to insist upon the application of this Article, whether said failure is intentional or a
result of an oversight, shall not construe a waiver of Employer’s right to demand enforcement of
this Article on other occasions.

ARTICLE 23
Savings Clause

23.01. In the event any provisions of this Agreement are adjudged by a tribunal with
jurisdiction to be violate of any applicable federal or state law, now or hereafter in force, such
provisions shall become inoperative, but all other provisions of this Agreement shall remain in
full force and effect. The parties agree to negotiate to attempt to cure such invalidity.

23.02. In the event that the parties are unable to reach agreement, or a period of ninety
(90) days has passed from the date of the finding referred to in Section 23.01 without agreement
being reached (without regard to whether any party fulfilled its statutory bargaining obligations),
each of the parties agrees to submit its last, best and final proposal to final and binding
arbitration. The arbitrator, who shall be selected pursuant to the provisions of Article 16 of this
agreement, shall select the last, best and final proposal of either the Employer or the Union to be
included in this Agreement, following a hearing on the matter. The arbitrator shall not have the
authority to modify, alter, amend, supplement, add to or delete from either party’s last, best and
final proposal. The proposal selected by the arbitrator shall become part of this Agreement as of
the date of the arbitrator’s decision.

` 23.03. The parties signatory hereto agree that any and all liability that may arise to any
person or in any proceedings in any court, or before any governmental agency in connection with
the administration of the provisions of this Agreement, shall be several only. This limitation
against joint liability is deemed necessary by the parties because of the fact, recognized by each
of them, that the parties will act severally and not jointly in such matters and will, in so acting,
not be subject to the control of any of the other parties.

ARTICLE 24
Notices

24.01. Any notices required under this Agreement shall be deemed given if mailed by
certified mail, return receipt requested, or delivered by hand delivery to the address and persons
specified below:

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If to the Employer:

Encore Event Technologies, Inc.


8850 W. Sunset Road
Third Floor
Las Vegas, Nevada 89148

Attention: Phil Cooper or his designee

If to the Union:

IATSE Local 720


3000 S. Valley View Blvd.
Las Vegas, Nevada 89102

Attention: President, or other authorized officer

ARTICLE 25
Good Faith

25.01. Nothing herein shall be construed as preventing the Employer and the Union from
mutually agreeing to discuss and consider changes in good faith in this Agreement prior to the
expiration of the Agreement.

ARTICLE 26
Family and Medical Leave Act

26.01. The Employer agrees to comply with all terms of the FMLA and Federal and State
laws relating to Leaves of Absence.

ARTICLE 27
Non-Discrimination

27.01. The Employer agrees not to discriminate against any employee or applicant for
employment by reason of Union membership, any rights exercised pursuant to the National
Labor Relations Act, race, color, national origin, sex, sexual orientation, age religion, or
disability subject to reasonable accommodation.

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ARTICLE 28
Complete Agreement

28.01. The parties hereto acknowledge that during the course of negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to all proper subjects to collective bargaining and that all such subjects
have been discussed and negotiated upon and the agreements contained herein were arrived at
after the free exercise of such rights and opportunities. Therefore, the Employer and the Union,
for the term of this Agreement, each voluntarily and unqualifiedly waives their rights and each
agrees that the other shall not be obligated, to bargain collectively with respect to any subject or
matter so specifically referred to or covered by this Agreement, even though such subject may
not have been within the knowledge or contemplation of either or both of the parties at the time
they negotiated or this Agreement.

28.02. Any interpretation of this Article shall be consistent with Article 15, Management
Rights, and the inherent managerial prerogatives retained by the Employer. This Article shall
not be interpreted as precluding management in any way from exercising its authority in matters
that are not covered by this Agreement.

ARTICLE 29
Labor – Management Productivity Council

29.01. The Union and the Employer agree that it is in the best interest of both parties and
the employees covered by this Agreement to communicate concerning common concerns involving
emerging technologies, training initiatives, new legislation and general jurisdiction issues on an on-
going basis, to maintain working conditions for the employees and services for the Employer and its
guests and clients. To better accomplish, the parties agree that a Labor Management Productivity
Council will be created, with members appointed by each party, to meet as needed, to discuss
whatever topics the committee members decide, in an effort to mutually resolve issues before they
become problems or issues of dispute between the parties. In addition, in regards to the conditions
of the Agreement itself, both parties agree that within this committee, they may engage in
bargaining in regards to creating mutually acceptable customs and practices throughout the life of
this Agreement, as new circumstances may dictate.

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ARTICLE 30
Term of the Agreement

30.01. Except as otherwise provided for herein, this Agreement shall become effective
on the ___ day of __________, 2018 and shall continue in full force and effect to and including
December 31, 2022, and from year to year thereafter, unless either party hereto shall notify the
other, in writing, by certified mail, not less than sixty (60) days prior to December 31, 2022, or
sixty (60) days prior to December 31st of any succeeding year of a desire to terminate, modify or
amend this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to executed by
their duly authorized representatives as of this ________ of _________________, 2018.

For the Employer: For the Union:

ENCORE EVENT TECHNOLOGIES, INC. INTERNATIONAL ALLIANCE OF


THEATRICAL STAGE EMPLOYEES,
MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF
THE UNITED STATES, ITS
TERRITORIES AND CANADA,
LOCAL 720, LAS VEGAS,
NEVADA

By: _______________________________ By: ________________________________


Jerry Helmuth
Its: Authorized Representative Its: President

Print Name: _________________________


By: ________________________________
Enrico Grippo
Its: Business Representative

By:
Ron Poveromo
Its: Secretary-Treasurer

For IATSE

By: ________________________________
Joanne M. Sanders
Its: International Representative

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#1
MEMORANDUM OF AGREEMENT
RE: Expanding Employment Opportunities for Union Members
In recognition of the fact that the parties have worked together to expand opportunities
for Union members at satellite locations, and further recognizing the sensitivity of the non-union
properties to potential labor issues, the parties agree to continue their joint efforts benefiting the
unions at such properties. Accordingly, the agreements and practices pursuant to which the
Employer has employed persons to perform work in its shop and at satellite locations shall
remain in effect and govern the terms and conditions for such employees, except that the
Employer’s Agreement with the Union dated _________, 2018 shall apply in instances where the
PSC Agreement applied under those agreements and practices. The _________, 2018
Agreement also shall govern the rates of pay for satellite location employees (Article 4, Tech
Level 2).
1. Encore House Crew Employed at a satellite location are excluded from the bargaining
unit, but may perform work covered by this Agreement.
2. Nothing stated in this Agreement obligates the Employer to utilize the bargaining unit
employees for their full time staff positions at satellite locations where no collective
bargaining agreement exists with Local 720.
3. The Union shall not seek to negotiate a collective bargaining agreement covering the
terms and conditions of employment of the Encore House Crew employees at said
satellite locations.
4. However, when additional labor is required at satellite locations, the Employer agrees
to utilize bargaining unit employees as set forth in Article 6.
DATED this _______ day of __________, 2018.

FOR THE EMPLOYER FOR THE UNION


ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720
By: ___________________________________ By: _______________________________
Jerry Helmuth
Its: Authorized Representative Its: President
By: _______________________________
Enrico Grippo
Its: Business Representative
By:
Ron Poveromo
Its: Secretary-Treasurer
For IATSE
By: ________________________________
Joanne M. Sanders
Its: International Representative

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#2
MEMORANDUM OF AGREEMENT
RE: Contracting Out of Bargaining Unit Work
During the negotiations over the New Labor Agreement, the parties reached the following
understanding with respect to the contracting out of bargaining unit work:
1. It is recognized that the Employer and the Union have a common interest in protecting
work opportunities for all employees covered by this Agreement. Therefore, the Employer shall
not contract out bargaining unit work except as expressly permitted by this Agreement.
Whenever the Employer, in its sole and absolute discretion, deems it appropriate, the
Employer may subcontract or contract out bargaining unit work. If the Employer subcontracts
work pursuant to this Paragraph, the Employer shall cause to be inserted in the contract a
provision under which the contractor agrees that his employees will work in accordance with the
economic terms and conditions of the Agreement (i.e., a union standards clause).
Where the Employer subcontracts bargaining unit work pursuant to this Paragraph, the
Employer shall make efforts to inform the subcontractor that the Union has available a list of
qualified persons capable of performing the subcontracted work. The failure to so inform a
subcontractor shall not be a basis for any monetary claim against the Employer nor shall it be
grounds for setting aside a subcontract.
The Employer shall forward to the Union within seventy-two (72) hours of the signing of
any subcontract under this Paragraph a notice that the Employer is exercising its option to
subcontract. The Employer's failure to provide such notice shall not be a basis for any monetary
claim against the Employer nor shall it be grounds for setting aside a subcontract.
2. The Union may re-open negotiations on this Memorandum of Agreement #2 at any
time following the second anniversary of this Agreement. The re-opener will not affect the
Union’s obligations under Article 17.
DATED this _____ day of , 2018.
FOR THE EMPLOYER FOR THE UNION
ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720
By: ___________________________________ By: _______________________________
Jerry Helmuth
Its: Authorized Representative Its: President
By: _______________________________
Enrico Grippo
Its: Business Representative
For IATSE

By: ________________________________ By:


Joanne M. Sanders Ron Poveromo
Its: International Representative Its: Secretary-Treasurer

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#3
MEMORANDUM OF AGREEMENT

RE: Letters of No Re-hire

To avoid further confusion, the Union and the Employer agree that when the Employer or the
Union seeks to change the status of a terminated or voluntary resigned employee from ineligible
to eligible for re-hire, the Employer will confer with the Union on a case by case basis and will
not without evidence of gross misconduct deny the employee an appeal. The decision whether to
change the status of an employee shall remain within the sole discretion of the Employer and
shall not be subject to the Grievance and Arbitration procedure under this Agreement.

DATED this _____ day of __________________, 2018.

FOR THE EMPLOYER FOR THE UNION

ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720

By: ___________________________________ By: _______________________________


Jerry Helmuth
Its: Authorized Representative Its: President

By: _______________________________
Enrico Grippo
Its: Business Representative

By:
Ron Poveromo
Its: Secretary-Treasurer

For IATSE
By: ________________________________
Joanne M. Sanders
Its: International Representative

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2/1/18 Final Version

#4

MEMORANDUM OF AGREEMENT

RE: Apprenticeship Program

During the negotiations over the New Labor Agreement, the parties reached the following
understanding with respect to the establishment of an apprenticeship program for new workers:

On or before the first anniversary date of this Agreement the Parties agree to meet and
discuss the establishment of an apprenticeship program which will apply to employees in Tech
Levels 3, 4A, 4B, and 5 for newly hired and trained employees who have not worked a minimum
number of hours in a specific job classification.

DATED this ______ day of ___________________, 2018.

FOR THE EMPLOYER FOR THE UNION

ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720

By: ___________________________________ By: _______________________________


Jerry Helmuth
Its: Authorized Representative Its: President

By: _______________________________
Enrico Grippo
Its: Business Representative

By:
Ron Poveromo
Its: Secretary-Treasurer

For IATSE
By: ________________________________
Joanne M. Sanders
Its: International Representative

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#5

MEMORANDUM OF AGREEMENT

RE: Regular House Crew at Harrah’s

Recognizing the unique nature of the Employer’s operation at Harrah’s Hotel & Casino, the
Parties agree that for the time being the Employer may compensate one (1) member of the Regular
House Crew at Harrah’s Hotel & Casino at the Tech Level 2 rates of pay.

The Parties further agree that the Employer shall be allowed to continue this practice until
such time as the Harrah’s Hotel & Casino clarifies the definition of bargaining unit work under its
collective bargaining agreement with the Union. The Employer agrees to comply with the terms of
any agreement or clarification of covered work at the Harrah’s Hotel & Casino for this one (1)
member of the Regular House Crew reached between the Union and the Harrah’s Hotel & Casino.

DATED this ____ day of _________________, 2018.

FOR THE EMPLOYER FOR THE UNION

ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720

By: _________________________________ By: _______________________________


Jerry Helmuth
Its: Authorized Representative Its: President

By: _______________________________
Enrico Grippo
Its: Business Representative

By:
Ron Poveromo
Its: Secretary-Treasurer

For IATSE
By: ________________________________
Joanne M. Sanders
Its: International Representative

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#6
MEMORANDUM OF AGREEMENT
Re: Sands Expo Convention Center (SECC) Satellite Location

The parties hereby understand and agree that solely for the SECC satellite location
Encore may in its discretion assign casual employees dispatched from the Union hall to
perform certain non-bargaining unit work such as providing internet services. Neither this
practice by Encore nor this Memorandum of Agreement (“MOA”) shall affect any other
satellite location or change the parties’ understanding that the type of work covered by this
MOA is not bargaining unit work.

This MOA does not in any way change or limit the applicability of Memorandum of
Agreement #1. Should Encore close its SECC satellite location or no longer have an
agreement with the SECC to provide internet services at the SECC satellite location, this
Memorandum of Agreement shall terminate.

DATED this ____ day of _________________, 2018.

FOR THE EMPLOYER FOR THE UNION

ENCORE EVENT TECHNOLOGIES, INC. LOCAL 720

By: _________________________________ By: _______________________________


Jerry Helmuth
Its: Authorized Representative Its: President

By: _______________________________
Enrico Grippo
Its: Business Representative

By:
Ron Poveromo
Its: Secretary-Treasurer

For IATSE
By: ________________________________
Joanne M. Sanders
Its: International Representative

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2/1/18 Final Version

EXHIBIT I

CHECK-OFF AGREEMENT AND SYSTEM

1. Pursuant to the Union Security provision (Section 13.02) of the Labor Agreement between
Encore Event Technologies, Inc. (hereinafter referred to as the “Employer”), and IATSE Local 720
(hereinafter referred to as the “Union”), the Employer, during the term of the Agreement, agrees to
deduct each pay period, Union work referral fees (excluding initiation fees and fines) from the pay
of those employees who have authorized such deduction in writing, as provided in this Check-Off
Agreement. Such Union work referral fees shall be limited to amounts levied by the Union, in
accordance with their Constitution and By-Laws. Deductions shall be made only for those
employees who have voluntarily submitted to the Employer a written authorization, in accordance
with the “Authorization Check-Off of Union Work Referral fees” set forth below. It is the Union’s
responsibility to provide the Employer with this form.

2. The required Authorization shall be in the following form:

AUTHORIZATION FOR CHECK-OFF


OF
UNION WORK REFERRAL FEES

Date ______________________

I, the undersigned, working in the jurisdiction of IATSE Local 720, hereby request and voluntarily
authorize (Employer) __________________________ to deduct from any wages or compensation
due me each pay period, the regular Union work referral fees uniformly applicable to those
employees working in the jurisdiction of I.A.T.S.E., Local 720, Las Vegas, Nevada.

This authorization shall remain in effect and shall be irrevocable unless I revoke it by sending
written notice by registered mail to both the Employer and IATSE Local 720 fifteen (15) days
immediately succeeding any yearly period subsequent to the date of this authorization or subsequent
to the date of termination of the applicable contract between the Employer and the Union,
whichever occurs sooner, and shall be automatically renewed as an irrevocable check-off from year
to year unless revoked as herein above provided.

Signed ________________________________________

SSN # _______________________

3. Deductions shall be made only in accordance with the provisions of said Authorization for
Check-Off of Union Work Referral fees together with the provisions of this Check-Off Agreement.

4. A properly executed Authorization for Check-Off of Union Work Referral fees form for each
employee for whom Union work referral fees are to be deducted hereunder, shall be delivered to

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2/1/18 Final Version

the Employer before any payroll deductions are made. Deductions shall be made thereafter, only
under Authorization for Check-Off of Union Work Referral fees forms that have properly
executed and are in effect. Any authorization for check-off of Union work referral fees that is
incomplete or in error will be returned to the Union by the Employer.

5. Check-Off deductions under all properly executed Authorization for Check-Off of Union Work
Referral fees forms which have been delivered to the Employer on or before the first (1st) day of a
pay period of any particular month shall begin with that pay period.

6. In cases where a deduction is made which duplicates a payment already made to the Union by an
employee, or where a deduction is not in conformity with the provisions of the Union’s Constitution
and By-Laws, refunds to the employee will be made by the Union.

7. The Employer shall remit by the fifteenth (15th) of each month to the designated Financial
Officer of the Union, the amount of deductions made during the previous month, together with a list
of employees for whom such deductions have been made.

8. Any employee whose employment is broken by death, resignation, discharge or layoff, or who is
transferred to a position outside of the scope of the bargaining unit, shall cease to be subject to
Check-Off deductions beginning with the first (1st) day of the next succeeding pay period following
such death, resignation, discharge, layoff, or transfer.

9. In the event any employee shall register a complaint with the Employer alleging his union work
referral fees are being improperly deducted, the Employer will make no further deductions of the
employee’s dues or fees. Such dispute shall then be reviewed with the employee by a representative
of the Union and a representative of the Employer.

10. The Employer shall not be liable to the Union by reason of the requirements of this Check-Off
Agreement for the remittance or payment of any sum other than that constituting deductions made
from employee wages earned.

11. The Union shall indemnify, defend and save the Employer harmless against any and all claims,
demands, suits or other forms of liability that shall arise out of or by reason of action taken by the
Employer in reliance upon payroll deduction authorization cards submitted to the Employer.

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EXHIBIT II

EMPLOYER’S ZERO TOLERANCE SUBSTANCE ABUSE POLICY

The employer cannot and will not condone drug or alcohol abuse on the part of its employees,
nor will it condone any employee behavior on or off the job that may damage the employer’s
reputation.

If/When the employer becomes aware of an employee violation of any one of the rules listed
below, that individual’s employment with the employer shall be immediately terminated. No
consideration shall be given to the employee’s claim of mitigating circumstances,
reasons/excuses, nor justifications for the violation. In addition, no interim disciplinary action
steps or warnings shall be expected or required of the employer in lieu of (the violating
employee’s) termination.
Employees terminated for violating the employers “Zero Tolerance Policy” will not be eligible
for future employment with the employer.

RULES APPLICABLE TO THE EMPLOYERS ZERO TOLERANCE POLICY

1. Employees must report to work in a fit condition to perform their duties. Being impaired
by or under the influence of drugs or alcohol is not acceptable.

2. Any employee on company business, either on or off property, is prohibited from


purchasing, selling, transferring, using illicit drugs, processing or using alcohol, or
misusing prescription drugs.

3. Employees will not be terminated for voluntarily seeking assistance for a substance abuse
problem. However, continued performance, attendance or behavior problems may result
in termination. The employee must voluntarily come forward prior to any employer
involvement, i.e., work place injury or suspicion of being under the influence.

4. Any employee on a prescription drug prescribed by a physician is required to notify both


his/her immediate supervisor and the job steward at the beginning of the shift if the
medication could affect his/her job performance.

5. All employees of the employer must comply with federal, state and local laws. Nevada
Revised Statute 453.411 states that unlawful use of a controlled substance except in
accordance with a prescription issued to such person by a physician, podiatrist or dentist,
is a violation of state law. A violation of this statute will result in disciplinary action
including termination of employment.

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STATEMENT OF POLICY TO TEST FOR DRUG/ALCOHOL USE

It is the policy of the employer that its employees shall not be under the influence of alcohol
or drugs while at the work place. Encore Event Technologies, Inc. therefore reserves the
right to require its employees, at the company’s discretion to submit to drug testing.

Drug testing is required whenever an employee is involved in an accident or sustains an


injury on company property. All parties involved in an accident will be tested.

Drug testing is also required when there is reasonable suspicion that the employee is under
the influence of alcohol or drugs.

Since the employer will be responsible for all liable claims as a result of negligent injury
caused to another party by the employee, the employer will be the sole judge as to what
constitutes reasonable suspicion to test for controlled or illegal substance.

Refusal to submit to drug testing is considered to be self-termination by the employee.

Employees will be sent to an approved Toxicology Testing Laboratory. Employees found to


have the following controlled or illegal substance levels in their system shall be disciplined in
accordance with the employer’s “Zero Tolerance” policy.

Amphetamines 500/500 ng/ml


Barbiturates 500/500 ng/ml
Cocaine Metabolite 300/150 ng/ml
Delta-9-THC COOH 50/15 ng/ml
Opiates 300/300 ng/ml
Phencyclidine (PCP) 25/25 ng/ml
Alcohol (Ethanol) 0.02/0.02 gm%
Nitrite Adulteration Pos./Neg.
Chromium Adulteration Pos./Neg.

37

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