exv10w22



 





EXHIBIT
10.22




Table of Contents




	 	 	 	 	 	 	 
	 	 	 	 	Page
	Article 1:

	 	Mutual Obligations
	 	 	2	 
	1.01.

	 	Binding Effect of Agreement
	 	 	2	 
	Article 2:

	 	Recognition
	 	 	2	 
	2.01.

	 	Recognition of the Union
	 	 	2	 
	2.02.

	 	Scope of Work
	 	 	2	 
	Article 3:

	 	Union Security
	 	 	2	 
	3.01.

	 	Union Shop
	 	 	2	 
	3.02.

	 	Effect of State Laws
	 	 	3	 
	3.03.

	 	Check-off
	 	 	3	 
	3.04.

	 	Indemnification
	 	 	3	 
	Article 4:

	 	Employment Procedure
	 	 	3	 
	4.01.

	 	Procedures to Follow
	 	 	3	 
	4.02.

	 	Categories of Applicants
	 	 	4	 
	4.03.

	 	Requests and Referrals
	 	 	4	 
	4.04.

	 	Dispatching Procedures
	 	 	7	 
	4.05.

	 	Equal Employment Opportunity
	 	 	8	 
	4.06.

	 	Effect of High Unemployment
	 	 	8	 
	Article 5:

	 	Job Classifications and Wage Rates
	 	 	9	 
	5.01.

	 	Wages
	 	 	9	 
	5.02.

	 	Heads of Departments — Duties and Selection
	 	 	12	 
	5.03.

	 	Head Lounge Stage Technician
	 	 	12	 
	5.04.

	 	Heads of Departments and Head Lounge Technicians
Responsibilities
	 	 	13	 
	5.05.

	 	Compensation for Department Heads
	 	 	13	 
	5.06.

	 	Compensation for Assistant Stage Employees
	 	 	13	 
	5.07.

	 	Compensation for Head Lounge Technicians
	 	 	13	 
	5.08.

	 	Compensation for Lounge Stage Technicians
	 	 	13	 
	5.09.

	 	Weekly Guarantee and Limitations Thereon
	 	 	14	 
	5.10.

	 	Report and Set-up Time
	 	 	15	 
	5.11.

	 	Hourly Work
	 	 	16	 
	5.12.

	 	Exception to Minimum Work Call
	 	 	17	 
	5.13.

	 	Time-off
	 	 	17	 
	5.14.

	 	Reporting Pay
	 	 	18	 
	5.15.

	 	Work Assignments
	 	 	18	 
	Article 6:

	 	Dual Show Policy
	 	 	18	 
	Article 7:

	 	Hours of Work — Overtime
	 	 	19	 
	7.01.

	 	Hours of Work — Performance
	 	 	19	 
	7.02.

	 	Performance and Lounge Shift Workday
	 	 	19	 
	7.03.

	 	Intermingling of Hourly Work and Performance Work
	 	 	20	 
	7.04.

	 	Overtime
	 	 	20	 
	7.05.

	 	Compensation for Performances during Time-off
	 	 	20	 






 









 






	 	 	 	 	 	 	 
	 	 	 	 	Page
	7.06.

	 	Rest Periods — Performance and Lounge Shift
	 	 	21	 
	7.07.

	 	Employees Working in Legitimate Theaters
	 	 	21	 
	7.08.

	 	Packing Out
	 	 	21	 
	Article 8:

	 	Vacations
	 	 	21	 
	8.01.

	 	Amount of Vacation Pay
	 	 	21	 
	8.02.

	 	Scheduling of Time Off for Vacations
	 	 	22	 
	8.03.

	 	Forfeit of Vacation Pay
	 	 	22	 
	Article 9:

	 	Health and Welfare
	 	 	23	 
	9.01.

	 	Trust Agreement
	 	 	23	 
	9.02.

	 	Rate of Contributions — Regular Employees
	 	 	23	 
	9.03.

	 	Rate of Contributions — Regular Relief,
Temporary
and Extra Employees
	 	 	23	 
	9.04.

	 	Extension of Benefits
	 	 	24	 
	9.05.

	 	Reporting
	 	 	24	 
	9.06.

	 	Local Plan Option
	 	 	24	 
	9.07.

	 	Federal or State Health Plan
	 	 	24	 
	Article 10:

	 	Trust Funds
	 	 	24	 
	10.01.

	 	Pension, Training and Disability Trusts
	 	 	25	 
	10.02.

	 	9% of Gross
	 	 	25	 
	10.03.

	 	Allocation of Contributions
	 	 	25	 
	Article 11:

	 	Grievances and Arbitration
	 	 	25	 
	11.01.

	 	Definition
	 	 	25	 
	11.02.

	 	Time Limit for Filing Grievances
	 	 	25	 
	11.03.

	 	Procedure for Adjusting Grievances
	 	 	25	 
	11.04.

	 	Grieving After Term of Agreement
	 	 	26	 
	11.05.

	 	Evidence & Testimony
	 	 	27	 
	11.06.

	 	Preponderance of Evidence
	 	 	27	 
	Article 12:

	 	No Strike — No Lockouts
	 	 	27	 
	12.01.

	 	No Strikes
	 	 	27	 
	12.02.

	 	No Lockouts
	 	 	27	 
	12.03.

	 	Picket Lines
	 	 	27	 
	12.04.

	 	Arbitration Awards
	 	 	28	 
	Article 13:

	 	Employer’s Rights
	 	 	28	 
	13.01.

	 	The Right to Manage
	 	 	28	 
	13.02.

	 	Rules and Posting
	 	 	28	 
	Article 14:

	 	Definitions and Termination of Employment
	 	 	28	 
	14.01.

	 	Definitions
	 	 	28	 
	14.02.

	 	Just Cause
	 	 	29	 
	14.03.

	 	Layoffs Due to Reduction in Force
	 	 	31	 
	14.04.

	 	Reduction in Size of Crews
	 	 	31	 
	14.05.

	 	Seniority
	 	 	31	 
	14.06.

	 	Calculation of Continuous Service
	 	 	32	 
	Article 15:

	 	Meal Periods
	 	 	32	 
	15.01.

	 	Meal Periods
	 	 	33	 
	15.02.

	 	Penalties for Failure to Provide
	 	 	32	 
	15.03.

	 	Continuation of Present Practice
	 	 	32	 






 









 






	 	 	 	 	 	 	 
	 	 	 	 	Page
	Article 16:

	 	Tools — Transportation — Clothing
	 	 	33	 
	16.01.

	 	Tools
	 	 	33	 
	16.02.

	 	Transportation
	 	 	33	 
	16.03.

	 	Required Clothing
	 	 	33	 
	Article 17:

	 	Filming and Video Recording
	 	 	33	 
	17.01

	 	Filming and Video Recording
	 	 	33	 
	Article 18:

	 	Work Preservation
	 	 	34	 
	18.01.

	 	Four Walling
	 	 	34	 
	18.02.

	 	Throughout Premises
	 	 	34	 
	18.03.

	 	Commercial Customers
	 	 	34	 
	Article 19:

	 	Leave of Absence
	 	 	34	 
	19.01.

	 	Leave of Absence
	 	 	34	 
	19.02.

	 	Continuity of Seniority
	 	 	35	 
	Article 20:

	 	Payment of Wages
	 	 	35	 
	20.01.

	 	When Payments Made
	 	 	35	 
	20.02.

	 	Changing Pay Schedule
	 	 	35	 
	20.03.

	 	Delinquent
	 	 	35	 
	Article 21:

	 	Safety
	 	 	36	 
	21.01.

	 	Employer and OSHA
	 	 	36	 
	21.02.

	 	Employee and OSHA
	 	 	36	 
	21.03.

	 	Lockers for Wardrobe
	 	 	36	 
	Article 22:

	 	Equal Opportunity
	 	 	36	 
	22.01.

	 	EOE
	 	 	36	 
	Article 23:

	 	General
	 	 	36	 
	23.01.

	 	Reduction of Wages
	 	 	36	 
	Article 24:

	 	Union Representatives and Job Stewards
	 	 	37	 
	24.01.

	 	Union Representatives
	 	 	37	 
	24.02.

	 	Job Stewards
	 	 	37	 
	Article 25:

	 	Bulletin Boards — Parking
	 	 	37	 
	25.01.

	 	Bulletin Boards and Parking
	 	 	37	 
	Article 26:

	 	Polygraphs
	 	 	37	 
	26.01.

	 	Can not Require
	 	 	37	 
	Article 27:

	 	Savings Clause
	 	 	37	 
	27.01.

	 	Change in Law
	 	 	37	 
	Article 28:

	 	Term of the Agreement
	 	 	39	 
	28.01.

	 	June 1, 2002 — May 31, 2005
	 	 	39	 







 









 





LABOR AGREEMENT




between




HOTEL RAMADA OF NEVADA, d/b/a
 TROPICANA RESORT AND CASINO




and




INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,

MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS

OF THE UNITED STATES, ITS TERRITORIES AND CANADA,

AND ITS TRUSTEED LOCAL 720, LAS VEGAS, NEVADA




     THIS AGREEMENT, executed this 1st day of June, 2002, by and between TROPICANA RESORT AND
CASINO and its successors and assigns (hereinafter referred to as “the Employer”) and the
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND
ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS
VEGAS, NEVADA, and its successors and assigns (hereinafter referred to as the “Union”).



WITNESSETH:




     WHEREAS, pursuant to a valid reopening notice served upon the Employer by the Union, the
Employer and the Union have reached complete agreement on wages, hours of work, working conditions
and other related negotiable subjects to be incorporated into a Labor Agreement which shall
supersede all previous verbal or written agreements applicable to the employees in the bargaining
unit defined herein which may have existed between the Employer and the Union or between the
predecessor of the Employer, if any, and the Union.



     NOW, THEREFORE, in consideration of the foregoing, the execution of this Agreement and the
full and faithful performance of the covenants, representations and warranties contained herein,
it is mutually agreed as follows:




 









 








ARTICLE 1

Mutual Obligations




     1.01. Binding Effect of Agreement. This agreement shall be binding upon the Union and upon
the Employer, and upon their successors and assigns. The Employer will give the Union reasonable
advance notice, in writing, of any change in the form of ownership. The Employer shall be
responsible for making adequate provisions to ensure the payment of accrued wages, vacations and
fringe benefits as of the date of the transfer.



ARTICLE 2

Recognition




     2.01. Recognition of the Union. The Employer recognizes the Union as the sole and exclusive
collective bargaining representative of all stagehands, assistant stage employees, spotlight
operators and projectionists, head lounge stage technicians, lounge stage technicians, assistant
head of wardrobe, seamers, wardrobe attendants, convention technicians, and stagehand heads of
departments now or hereafter employed by the Employer at its Clark County, Nevada establishment,
but excluding all other personnel employed by the Employer.



     2.02. Scope of Work. In recognition of the fact that work assignment practices vary from one
establishment to another, it is understood and agreed that employees represented by the Union shall
retain jurisdiction over such work as they have regularly been assigned to perform in the past by
the Employer, and all work currently performed by employees of the Employer in the
classifications contained in Section 5.01. In those instances where the Employer may not have had
occasion to perform certain work, the question of whether such work is to be performed by
stagehands shall be determined on the basis of established practice among a majority of other
hotels with whom the Union is at that time signatory to a collective bargaining agreement.



ARTICLE 3

Union Security




     3.01. 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 at the
Employer’s Clark County, Nevada establishment, and those who are not members of the Union on the
date of execution of this Agreement, shall on the 30th day following execution of this
Agreement, become and remain members of the Union while employed at the Employer’s Clark County,
Nevada establishment. It shall also be a condition of employment hereunder that all employees
covered by this Agreement shall, on or after the 30th day following the employee’s 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.



2









 





     3.02. Effect of State Laws. Notwithstanding anything to the contrary therein, Section 3.01
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 3.01 becomes permissible by virtue of a
change in applicable law, whether by legislative or judicial action, the provisions of Section 3.01
held valid shall immediately apply.



     3.03. Check-off. The Employer will check off and remit to the Union work dues for all
employees who have executed and furnished to the Employer a payroll deduction authorization in the
form set forth in Exhibit II, attached hereto, which by this reference is made a part hereof.



     3.04. Indemnification. The Union will indemnify and save the Employer harmless against any
and all claims, demands or other forms 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.



ARTICLE 4

Employment Procedure




     4.01. In the employment of applicants for all work covered by this Agreement, the following
procedures shall govern:



          (a) The Union shall establish and maintain open and non-discriminatory registration and
referral procedures for all persons desiring employment covered by this Agreement.




          (b) The Trustees of the Nevada Resort Association — IATSE Local 720 Apprentice and Journeyman
Training and Education Trust (“the Trust”) shall ascertain the minimum standards of performance of
the work covered by this Agreement, and prior to referral, all new registrants must demonstrate to
the satisfaction of the Trust their ability to perform such work.




          (c) Any oral, written, or practical tests which are administered under the auspices of the
Trust and pursuant to this Section shall be validated whenever possible by the Equal Employment
Opportunity Commission, prior to their utilization. Such tests shall be developed by or under the
supervision of Trustees, and may be conducted by a non-Trustee who shall be selected and supervised
by the Trustees. Nothing herein shall be deemed to require the Trustees to personally conduct any
test.




          (d) Nothing in this Agreement shall be construed as in any way limiting the Employer’s rights
under Section 4.03(d) to be the sole judge as to the competency and qualifications of all employees
and applicants for employment.







3









 








     4.02. The various categories or functions for which applicants may register are as follows and
nothing herein shall be construed to prohibit an applicant from registering for more than one (1)
category or specialty:




	 	1.	 	Stage Carpentry Installation, Operations and Maintenance.
	 
	 	 	 	Head Stage Carpenter, Head Stage Flyman, Cue Caller, Stage Elevator and/or
Electric Curtain Control Panel Operator, Scenic Draftsman, Scenic Artist,
Welder, Rigger, Assistant Stage Carpenter, Scenic Carpentry Layoutman and Relief
or Swingmen who regularly relieve personnel performing various stage carpentry
operations and maintenance functions.
	 
	 	2.	 	Stage Electrical Installation, Operations and Maintenance.
	 
	 	 	 	Head Stage Electrician, Stage Electrical Layoutman, Preset and Auxiliary
Switchboard Operator, Moving Picture and Slide Projectionist; Water Effects
Man, Fog Machine Operator, Pyrotechnics Handler, Assistant Stage Electrician,
Laser Operator, Stage Electrical Layout, Assistant Stage Electrician, and
Dimmer Board Operator/Intellibeam, Varilight, Panabeam Operator, and Relief or
Swingmen who regularly relieve personnel performing various stage electrical
operations and maintenance functions.
	 
	 	3.	 	Stage Properties Control.
	 
	 	 	 	Head Stage Propertyman, Stage Property Layoutman, Assistant Stage Propertyman
and Relief or Swingmen who regularly relieve personnel performing property
control functions.
	 
	 	4.	 	Stage Sound Installation, Operations and Maintenance.
	 
	 	 	 	Head Stage Soundman, Sound Technician, Assistant Stage Soundman, Television
Cameraman (open and closed circuit), Video Technician (Repairman, Switcher,
Video Tape Recording Machine Operator), and Relief or Swingmen who regularly
relieve personnel performing various sound operations and maintenance
functions.
	 
	 	5.	 	Wardrobe.
	 
	 	 	 	Wardrobe Head of Department, Assistant Head of Wardrobe, Wardrobe Attendant,
and Seamer.





     4.03. Requests and Referrals.



          (a) The Employer shall first call the dispatching office of the Union for such
applicants as it may, from time to time need, and the dispatching office shall refer to the






4









 







Employer in accordance with the order of preference set forth in Section 4.04 the requested number
of applicants whose registration records indicate they are competent and qualified to perform the
work involved in the classifications to be filled. It shall be the Employer’s responsibility when
requesting applicants to state the qualifications applicants are expected to possess and the
functions they will be expected to perform. The Employer shall designate the departments in which
the employee is expected to perform his duties, but this designation shall not be construed as
prohibiting a change in assignments.




          (b) 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 such 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.




          (c) The Employer shall also advise the Union at the time the request for referrals is made if
the applicant is needed for vacation relief or as a replacement for an employee on leave of
absence, at which time the Employer shall also specify the period of time such relief or
replacement employee is expected to work. If an extra or temporary employee is needed, the
Employer shall so state.




          (d) 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 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. If the Employer notifies
the Union that a particular applicant is acceptable and requests him to report for work as opposed
to reporting for an interview and such applicant does, in fact, report as scheduled, ready, willing
and able to work and is not hired, such employee shall be entitled to the same compensation as an
employee reporting to work would receive pursuant to Section 5.14. If the Employer requests that an
applicant report to work as a replacement for an employee who has caused the Employer, by reason of
tardiness or other action, to anticipate his absence, and the applicant reports as directed but the
employee to be replaced also reports for work, the Employer may send that employee home, without
pay, regardless of the reason for such tardiness or other action.




          (e) If, within forty-eight (48) hours of the time the Employer requests applicants to report,
the dispatch office has failed to refer the required number of qualified applicants requested, the
Employer may hire employees from any other source, but, in such event, the Employer shall furnish
the Union with the names, classifications and dates of hire of such employees. The Employer shall
give the Union as much advance notice as is possible of anticipated employment needs. If the
Employer changes the qualifications stated to the Union, it shall immediately notify the Union of
this fact, and the Union will have forty-eight (48) hours from that time to refer additional
applicants who most nearly fit the changed requirements. The Union shall make a good-faith effort
to determine at the earliest opportunity whether the Union will be able to fulfill the Employer’s
requirements. If, prior to the forty-eight (48) hour period







5









 







referred to above, the Union concludes that it will be unable to fulfill the Employer’s
requirements, or there exists a substantial possibility that the Union will be unable to fulfill
the Employer’s requirements, it shall so advise the Employer. In that event, the Employer may
immediately begin to seek applicants from any source whatsoever.




          (f) The Union shall be required to maintain qualifications records for each member, and such
records shall include the particular skills and abilities of each member, based on objective
criteria established by the Union. It is understood and agreed that when the Employer or his
authorized representative have specified particular requirements or special skills or abilities in
its request for applicants, the dispatching office shall refer the first eligible applicant
possessing such skills and ability, based upon the qualification records of the Union.




          (g) By written request to the Union, prior to dispatchment, the Employer shall be entitled to
request by name, and the Union shall dispatch in reference to such request, such individual
registered on List ‘A’ for regular or extra work, if such individual is available.




          (h) 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 by reason of theft,
drunkenness, drinking on duty, illegal drug possession and/or use, insubordination, failure to
report to work without just cause, walking off the job during a shift, unsatisfactory job
performance, intentional misconduct or participation in a proven deliberate slow-down, work
stoppage or strike in violation of this Agreement. The written notice which declares an individual
ineligible for rehire must be sent to the Union within ten (10) working days from the date of the
occurrence giving rise to the event. 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 nine (9) months, provided
that prior to re-referral the employee has demonstrated his ability to perform the work involved
to the satisfaction of the Trustees of the Nevada Resort Association -IATSE Local 720 Apprentice
and Journeyman Training and Education Trust. The Employer shall rescind notices of ineligibility
based upon drunkenness upon submission of proof satisfactory to the Employer that the individual
involved has been rehabilitated.




          (i) The Union and the Employer shall post in places where notices to registrants and
applicants for employment are customarily posted all of the provisions relating to the functioning
of this hiring procedure.




          (j) 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 4 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.






6









 








          (k) The Union agrees that, during the term of this Agreement, it will not induce or
require employees to quit their employment or to transfer to other employment without first
securing the approval of the Employer.





          (l) The provisions of this Article shall not be utilized to deprive members of the regular
house crews of extra work for which they are qualified, including but not limited to any work as
recognized by Article 2, Section 2.02 and Article 5, Section 5.09, provided that 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.





     4.04. (a) Dispatching Procedure. The dispatching office shall refer from among those entered
on its job referral lists in the established order of preference the required number of applicants
who most nearly meet the qualifications required by the Employer. The dispatching office shall
refer only those applicants with an active Sheriff’s card, who satisfy the Employer’s requirements.
The Employer shall provide the dispatching office with the Employer’s requirements, which shall be
revised as needed. The Employer shall have no obligation to pay any applicant referred by the
dispatching office who does not satisfy the Employer’s requirements. Subject to the provisions of
Section 4.03, applicants shall be referred in the order of their dates of registration in the
affected classifications.



     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.



          (b) Order of Preference. Registrants on referral List “A” shall be given preference over
registrants on all other lists. Registrants on referral List “B-1” shall be given preference over
all registrants on referral List “B-2”. Within any referral list registrants shall be referred on
a first-registered, first-out basis.




     Eligibility for Registration. List “A”. Applicants who are available for employment and who
are able to demonstrate that in the three (3) year period immediately preceding their date of
registration they have accumulated at least two thousand (2,000) hours of experience with an
Employer who is signatory to a collective bargaining agreement with the Union in the
classification specified by the requesting Employer.



     The three (3) year requirement set forth above will not be interpreted to preclude granting
List “A” status to registrants for other classifications for which they have been previously
dispatched to the Employers operating in Clark County, Nevada.



     List “B”. Referral List “B” shall be divided into two (2) parts: List “B-1” and List “B-2”.
Applicants shall be eligible for registration on List “B-1” who are available for employment and



7









 




who are able to demonstrate that they meet the requirements of any of the following subparagraphs:





	 	i.	 	Accumulation of at least one thousand (1,000) hours of
experience in the classification specified by the requesting Employer within
the three (3) year period immediately preceding their date of registration, or
	 
	 	ii.	 	Accumulation of at least one thousand (1,000) hours of
employment experience utilizing the basic skills of the classification
specified by the requesting Employer within the three (3) year period
immediately preceding their date of registration, or
	 
	 	iii.	 	Successful completion of a basic training program conducted
under the auspices of the Nevada Resort Association — IATSE Local 720
Apprentice and Journeyman Training and Education Trust.





     List “B-2” shall be for the registration of applicants who are not eligible for registration
on referral List “A” or referral List “B-1”.



          (c) Notwithstanding anything herein to the contrary, it is understood and agreed that the
Union shall refer for interview the requested number of qualified applicants from among those who
have signed the appropriate Department Head bid rosters. In the event that the applicant selected
is currently employed on a full-time basis elsewhere, the applicant shall comply with the
provisions of Section 8.03. Further, nothing herein shall be construed to prevent the Employer
from elevating one of its own employees within the bargaining unit to the position of Department
Head without interviewing other applicants for the job.




     4.05. Equal Employment Opportunity. Nothing herein shall be construed to prohibit the Employer
and the Union, or either of them, from implementing affirmative action programs required to meet
the obligations imposed by the Civil Rights Act of 1964, but no such program shall be implemented
without prior consultation between the Employer and the Union.



     4.06. Effect of High Unemployment. The Trustees of the Nevada Resort Association — IATSE Local
720 Apprentice and Journeyman Training and Education Trust shall have the responsibility, on a
quarterly basis of reviewing the rate of unemployment and shall have the discretion of
discontinuing the registration of applicants or to continue or begin the registration of applicants
in accordance with the needs of the industry.




8










 





ARTICLE 5




Job Classifications and Wage Rates




     5.01. The following job classifications and corresponding wage rates are hereby established
and shall be effective for the term of this Agreement.



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Per	 	Per	 	Per	 	Per
	Job Classifications	 	Week (12)	 	Week (10)	 	Performance	 	Hour
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Head of Department
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	901.20	 	 	$	751.00	 	 	$	75.10	 	 	$	25.22	 
	6/1/03 through 5/31/04

	 	$	928.20	 	 	$	773.50	 	 	$	77.35	 	 	$	25.97	 
	6/1/04 through 5/31/05

	 	$	956.04	 	 	$	796.70	 	 	$	79.67	 	 	$	26.75	 
	6/1/05 through 5/31/06

	 	$	984.84	 	 	$	820.70	 	 	$	82.07	 	 	$	27.56	 
	6/1/06 through 5/31/07

	 	$	1014.36	 	 	$	845.30	 	 	$	84.53	 	 	$	28.38	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Spotlight Operators - Projectionists
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	774.12	 	 	$	645.10	 	 	$	64.51	 	 	$	23.28	 
	6/1/03 through 5/31/04

	 	$	797.40	 	 	$	664.50	 	 	$	66.45	 	 	$	23.98	 
	6/1/04 through 5/31/05

	 	$	821.28	 	 	$	684.40	 	 	$	68.44	 	 	$	24.70	 
	6/1/05 through 5/31/06

	 	$	845.88	 	 	$	704.90	 	 	$	70.49	 	 	$	25.44	 
	6/1/06 through 5/31/07

	 	$	871.32	 	 	$	726.10	 	 	$	72.61	 	 	$	26.20	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Assistant Stage Employees
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	738.00	 	 	$	615.00	 	 	$	61.50	 	 	$	23.28	 
	6/1/03 through 5/31/04

	 	$	760.20	 	 	$	633.50	 	 	$	63.35	 	 	$	23.98	 
	6/1/04 through 5/31/05

	 	$	783.00	 	 	$	652.50	 	 	$	65.25	 	 	$	24.70	 
	6/1/05 through 5/31/06

	 	$	806.52	 	 	$	672.10	 	 	$	67.21	 	 	$	25.44	 
	6/1/06 through 5/31/07

	 	$	830.64	 	 	$	692.20	 	 	$	69.22	 	 	$	26.20	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Per	 	Per	 	Per
	 	 	Week	 	Day	 	Hour
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Head Lounge Stage/Convention Technicians
	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	920.16	 	 	$	153.36	 	 	$	25.56	 
	6/1/03 through 5/31/04

	 	$	947.52	 	 	$	157.92	 	 	$	26.32	 
	6/1/04 through 5/31/05

	 	$	975.96	 	 	$	162.66	 	 	$	27.11	 
	6/1/05 through 5/31/06

	 	$	1005.48	 	 	$	167.58	 	 	$	27.93	 
	6/1/06 through 5/31/07

	 	$	1035.36	 	 	$	172.56	 	 	$	28.76	 






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	 	 	Per	 	Per	 	Per
	 	 	Week	 	Day	 	Hour
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Lounge Spotlight Operators - Projectionists/Convention Technicians
	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	856.44	 	 	$	142.74	 	 	$	23.79	 
	6/1/03 through 5/31/04

	 	$	882.36	 	 	$	147.06	 	 	$	24.51	 
	6/1/04 through 5/31/05

	 	$	908.64	 	 	$	151.44	 	 	$	25.24	 
	6/1/05 through 5/31/06

	 	$	936.00	 	 	$	156.00	 	 	$	26.00	 
	6/1/06 through 5/31/07

	 	$	964.08	 	 	$	160.68	 	 	$	26.78	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Lounge Stage Technicians
	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	849.60	 	 	$	141.60	 	 	$	23.60	 
	6/1/03 through 5/31/04

	 	$	875.16	 	 	$	145.86	 	 	$	24.31	 
	6/1/04 through 5/31/05

	 	$	901.44	 	 	$	150.24	 	 	$	25.04	 
	6/1/05 through 5/31/06

	 	$	928.44	 	 	$	154.74	 	 	$	25.79	 
	6/1/06 through 5/31/07

	 	$	956.16	 	 	$	159.36	 	 	$	26.56	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Per(12)	 	Per(10)	 	Per	 	Per	 	Lounge	 	Lounge
	Job Classifications	 	Week	 	Week	 	Perform	 	Hour	 	Shift	 	Week
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Ass’t Head Wardrobe
Person
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	521.88	 	 	$	434.90	 	 	$	43.49	 	 	$	16.02	 	 	$	96.12	 	 	$	576.72	 
	6/1/03 through 5/31/04

	 	$	537.48	 	 	$	447.90	 	 	$	44.79	 	 	$	16.50	 	 	$	99.00	 	 	$	594.00	 
	6/1/04 through 5/31/05

	 	$	553.68	 	 	$	461.40	 	 	$	46.14	 	 	$	16.99	 	 	$	101.94	 	 	$	611.64	 
	6/1/05’through 5/31/06

	 	$	570.24	 	 	$	475.20	 	 	$	47.52	 	 	$	17.50	 	 	$	105.00	 	 	$	630.00	 
	6/1/06 through 5/31/07

	 	$	587.40	 	 	$	489.50	 	 	$	48.95	 	 	$	18.03	 	 	$	108.18	 	 	$	649.08	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Wardrobe Attendants/Seamers
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6/1/02 through 5/31/03

	 	$	503.28	 	 	$	419.40	 	 	$	41.94	 	 	$	14.44	 	 	$	86.64	 	 	$	519.84	 
	6/1/03 through 5/31/04

	 	$	518.40	 	 	$	432.00	 	 	$	43.20	 	 	$	14.88	 	 	$	89.28	 	 	$	535.68	 
	6/1/04 through 5/31/05

	 	$	534.00	 	 	$	445.00	 	 	$	44.50	 	 	$	15.32	 	 	$	91.92	 	 	$	551.52	 
	6/1/05 through 5/31/06

	 	$	549.96	 	 	$	458.30	 	 	$	45.83	 	 	$	15.78	 	 	$	94.68	 	 	$	568.08	 
	6/1/06 through 5/31/07

	 	$	566.52	 	 	$	472.10	 	 	$	47.21	 	 	$	16.26	 	 	$	97.56	 	 	$	585.36	 







	 	Note 1.	 	It is understood and agreed that the Employer may
designate a member of management as Cue Caller and that
such individual shall not be subject to the terms of this
Agreement. If a member of the bargaining unit is
designated by the Employer as Cue Caller, however, he
shall be paid at the rate applicable to Assistant Stage
Employees and shall be covered by all other terms of this
Agreement.

	 
	 	Note 2.	 	It is understood and agreed that regular relief and/or
swingmen shall be paid at the rate applicable to the
position being swung or relieved.







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	 	Note 3.	 	The wages, hours of work, and other conditions of
employment established under this agreement for lounge,
spotlight operators-projectionists, shall apply to
employees covered by this agreement who are assigned to
work regularly in the Employer’s convention facilities
or in the Employer’s motion picture theater as
projectionists.
	 
	 	Note 4.	 	To facilitate the mutual interest of the Employer and
the Union in developing employees with a higher order
of seamer skills within a referral system designed to
further this purpose, the job classification of seamer
is hereby created in the collective bargaining
agreement subject to the following conditions:






	 	1.	 	The seamer classification is not intended to
restrict work assignments only to that classification.
Therefore, employees in this classification may be
assigned to perform duties normally performed by
wardrobe attendants. However, the Employer shall not
request the referral of seamers to perform primarily
wardrobe attendant duties.
	 
	 	2.	 	The normal duties of a seamer are to perform work of
a more complicated nature than normal repairs and
maintenance of costumes, such as pattern making,
costume construction and major repairs and alterations
of costumes and accessories.
	 
	 	3.	 	The number of and extent of utilization of employees
in the seamer classification shall be solely within the
discretion of the Employer.
	 
	 	4.	 	Seamers may be employed to perform work described in
paragraph 2 above exclusive of other wardrobe attendant
duties during, before or after performances and need
not be considered members of the regular house crew.






	 	Note 5.	 	When wardrobe employees are required to perform work on
curtains and/or scenic drops they shall receive the
same pay as stagehand employees would receive for
performing such work. However, nothing herein shall be
construed as requiring the Employer to assign such work
to wardrobe employees.
	 
	 	Note 6.	 	Nothing in this Agreement shall require the Employer to
employ any persons in any classification covered by
this Agreement, unless there is work being performed,
which is currently being performed by employees under
the terms of this Agreement.
	 
	 	 	 	In the event that the same or similar work to that
which was performed in the past under the terms of
this or prior Agreements, is offered by the Employer,




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	 	 	 	the Employer and the Union shall meet to discuss whether the work is
appropriately bargaining unit work.





     5.02. Heads of Departments — Duties and Selection Employees designated as Heads of Departments
shall be working employees assigned to Main Showrooms or Legitimate Theater operations who, in
addition to their regular duties, shall be responsible for directing assistant stage employees
assigned to their departments to the end that the work involved is performed at the time and in the
manner prescribed by the Employer.



     The concept of “Departments”, as set forth in this Section, applies only to Showroom and
Legitimate Theater operations.



     The selection and number of Department Heads required for a particular operation shall be
determined by the Employer subject to the understanding that where an assistant stage employee
is assigned to duties which require him to work more than fifty percent (50%) of his time in one
of the following recognized departments, he shall be designated and paid as Head of that
Department unless a Head of that Department has already been appointed.



     The recognized departments are: Stage Carpentry (including the Head Flyman and Cue
Callers), Stage Electrical (including Projectionist), Stage Properties, Stage Sound, Wardrobe,
Convention, and Lasers.



     The Employers agree that they will not utilize two (2) or more men in the same department
for the purpose of preventing one (1) man from qualifying for Department Head status under the
above provision. However, during a performance, including report, set-up, and strike time, it is
expressly understood that the Head Carpenter can be utilized to pass on the Employer’s directions
to the Head Flyman, Cue Callers, and Head Propertyman.



     Where an employee is assigned to more than one department, the Head of the Department in
which he works more than fifty percent (50%) of his time shall have the primary responsibility
for directing his activities and coordinating his assignments with other Department heads.



     5.03. Head Lounge Stage Technician. Employees designated as Head Lounge Stage Technician shall
be working employees assigned to Lounge Stage Operations who, in addition to their regular duties,
shall be responsible for directing Lounge Stage Technicians assigned to them to the end that the
work involved is performed at the time and in the manner prescribed by the Employer.



     The selection of the Head Lounge Stage Technician shall be determined by the Employer. It
is understood and agreed that where one (1) or more Lounge Stage Technicians are employed, the
Employer shall designate one (1) of such employees as Head Lounge Stage Technician. If
additional employees are required they shall be classified and paid as Lounge Stage
Technicians.



     Head Lounge Stage Technicians and Lounge Stage Technicians shall service the equipment and
perform the work involved in their assigned areas, but this statement is not



12









 







intended as prohibiting the Employer from assigning other bargaining unit employees to perform
such work in emergencies or when Lounge stage personnel are unable to perform the work to which
they have been assigned.



     Lounge Stage conditions shall be applicable to main rooms in those situations where the
entertainment policy involves the presentation of sets as opposed to shows.



     It is understood and agreed that in those establishments where Department Heads have been
designated in Lounge Stage operations, that practice will be continued so long as the nature of
the presentations in that lounge and the duties of the employees involved remain essentially the
same.



     5.04 Heads of Departments and Head Lounge Technicians Responsibilities. Heads of Departments
and Head Lounge Technicians shall not be required nor allowed to hire or fire, but they shall be
responsible for the effective performance of their assistants. In consideration of this fact, the
Union and the Employer recognize that such personnel are and shall remain free to express their
opinions as to the qualifications and competence of their assistants.



     5.05 Compensation for Department Heads. The weekly compensation specified for Department Heads
is designed to compensate Heads of Departments for ten (10) performances per six (6) day week.
Extra performances, over ten (10) per week, shall be paid for at the rate specified per
performance. All maintenance and rehearsal time worked shall be compensated for at the specified
hourly rate. All work performed on the seventh (7th) consecutive day worked shall be paid for at
the rate of time and one-half (1 1/2x) the regular, straight-time hourly or performance rates of
pay, whichever is applicable.



     5.06 Compensation for Assistant Stage Employees. The weekly compensation specified for
Assistant Stage Employees, including Spot Light Operators and Projectionists, as well as Assistant
Head Wardrobe Perton, Wardrobe Attendants and Seamers, is designed to compensate such employees for
ten (10) performances per six (6) day week. Extra performances over ten (10) per week shall be paid
for at the rate specified per performance. Extra time, including rehearsal and maintenance, shall
be compensated for at the rate specified per hour. All work performed on the seventh (7th)
consecutive day worked shall be paid for at the rate of time and one-half (1 1/2x) the regular,
straight-time, hourly or performance rate of pay, whichever is applicable.



     5.07 Compensation for Head Lounge Technicians. The weekly compensation specified for Head
Lounge Stage Technicians is designed to compensate such employees for six (6) hours of work per day
on each of six (6) days per week. All work performed on the seventh (7th) consecutive day worked
shall be paid for at the rate of time and one-half (1 1/2x) the regular, straight-time hourly rate
of pay.



     5.08 Compensation for Lounge Stage Technicians. The weekly compensation specified for Lounge
Stage Technicians, including Spot Light Operators and Projectionists, as well as Convention
Technicians, Wardrobe Attendants and Seamers, is designed to compensate such



13









 







employees for six (6) hours of work per day on each of six (6) days per week. All work performed
on the seventh (7th) consecutive day worked shall be paid for at the rate of time and one-half
(1 l/2x) the regular, straight-time hourly rate of pay.



     5.09. Weekly Guarantee and Limitations Thereon. The weekly compensation provided for Heads
of Department, Assistant Stage Employees, Head Lounge Stage Technicians, Spot Light Operators
and Projectionists, Lounge Stage Technicians, Assistant Head of Wardrobe, Wardrobe Attendants,
Seamers, Convention Technicians and Relief Men assigned to work six (6) days per week is
intended as a weekly guarantee for regular employees. It is further agreed that those employees
who are regularly scheduled to work less than six (6) days per week shall be guaranteed the
lesser amount of work on a weekly basis.



     There shall be no reduction of such employee’s weekly compensation because of performances
cancelled or the Employer’s failure to provide work, except when such cancellation or failure on
the Employer’s part results from legitimate conditions beyond his control such as labor disputes;
or accidents, fires, floods, power failures, mechanical breakdowns, or the unavailability of
performer(s) due to unforeseen circumstances such as illness or injury (provided that notification
of such cancellation has been provided to the union hall by no later than four [4] hours prior to
the scheduled report time of the show), which create a condition whereby the employee is unable
properly to perform his duties. Where it is possible to do so, the Employer will give the Union
advance notice of performances or work which is cancelled for the reasons stated, at which time he
shall also advise if the employees are to be assigned to other duties. If the Employer is able to
give such notice and fails to do so, the employees involved will be entitled to receive their
regular compensation.



     Employees affected by such cancellation or failure to provide work will be paid pro rata
for work performed based upon the performance or hourly rate, as the case may be, with the
understanding that if a performance has begun, the employee will be paid for the full
performance.


     Whenever legitimate conditions beyond the Employer’s control, as set forth above, exist,
then nothing herein shall be construed as prohibiting the Employer from assigning employees
working in one classification or area of the establishment to any other classification or area,
provided the employee involved is paid at his regular hourly rate or the hourly rate of the
classification to which he is assigned, whichever is the higher.



     In the event the Employer schedules less than ten (10) performances a week, or if less
than ten (10) performances a week are actually performed, the Employer may schedule each
employee who is entitled to the weekly guarantee provided herein and who otherwise would have
worked the missed performance to perform hourly work in lieu thereof. Two (2) hours of such
hourly work may be scheduled for each missed performance. Such work must be scheduled for two
(2) days before the missed performance, the day of the missed performance, or three (3) days
after the missed performance, unless a missed performance occurs on an employee’s sixth (6th)
day of work in which case the employee may be scheduled to work missed performance work on the
first (1st) day of the employee’s next workweek. Not more than four (4) hours of missed



14









 







performance hourly work may be accrued at any given time and no more than four (4) hours of
missed performance work may be scheduled to be performed in a workday. Missed performance work
must also be scheduled in accordance with the minimum work call provisions of Section 5.11 and
may not be scheduled at a time when the employee would otherwise be working under the overtime
rate of pay or on his day off. Missed performance work shall be equitably assigned and may be
utilized to perform any work covered by this Agreement, except mopping and cleaning calls, as
provided in Section 5.10. Nothing herein shall limit the application of the provisions of this
Section regarding the cancellation of shows.



     5.10. Report and Set-up Time.



          (a) Employees working under the performance rate of pay may be required at the Employer’s
discretion to report to their duty stations for duty no more than thirty (30) minutes before the
performance. Compensation for report and set-up time is included in the performance rate of pay.
This reporting time is primarily for the purpose of determining that all employees are available
and to do the required set-up work for the performance. Whenever employees are required to
report to work they are to remain in the backstage area during report and set-up time.
Nevertheless, when necessary, in emergencies of for safety reasons, employees may be assigned to
sweep the immediate work area and dry mop the stage as part of their set-up duties. Otherwise,
regular mopping and cleaning will be done on a one (1) hour minimum call at the straight-time
hourly rate.



          (b) When necessary, employees may be required to report thirty (30) minutes before the
second performance on the first and second evenings of a newly opened show. This special reporting
time for the second performance shall be without additional compensation and shall be for the sole
purpose of familiarizing the employees with any changes in cues or the running order of the show.



          (c) With respect to wardrobe employees, excluded from performances, report and set-up time
shall be pattern making, making costumes from scratch and major alterations. For the purposes of
this Agreement, major alterations shall be defined to mean: (i) changing of costume size (with the
exception of a size change that can be accomplished by the use of hooks and eyes or such other
similar minor size changes), and (ii) the radical re-design of a costume. All work required to make
planned fittings or alterations of costumes or accessories because of a change in performers shall
be performed under the applicable minimum hourly work call.



     Examples of permissible performance, report and set-up time work are the following:



          (1) All emergency repair and alterations.



          (2) Hemming of costumes.



          (3) Adjustment and repair of trousers and/or tights.



          (4) Changing dress shields.



          (5) Installing elastic.



          (6) Removal and installation of zippers.



          (7) Sewing on sequins, rhinestones, braid and other decorative trim.



15









 





          (8) Simple machine and/or hand-sewing operations.



     5.11. Hourly Work.



          (a) Employees working under the hourly rate of pay shall be paid for the actual time worked,
computed in five (5) minute increments. Any time worked into such a five (5) minute increment shall
be considered as a full increment and paid accordingly.



          (b) When an employee, including wardrobe employees, working under the performance rate of pay
is required to perform additional work within one (1) hour immediately before report and set-up of
a show, between shows, or following a non-compensable meal period which shall not exceed thirty
(30) minutes after the strike time of the last performance is completed he shall be paid the
appropriate hourly rate for such work and shall be guaranteed a minimum of one (1) hour’s work or
one hour’s pay. Strike time shall commence with the conclusion of the performance (which includes
any encores or curtain calls). Strike time not exceeding seven and one-half (7 1/2) minutes shall
be considered as part of the performance and is included in the performance rate of pay. Strike
time in excess of seven and one-half (7 1/2) minutes shall be paid at the hourly rate in five (5)
minute increments as provided in Section 5.11 (a). At the Employer’s discretion, strike time may be
used to set the stage for rehearsals or other activities incidental to the show, for seven and
one-half (7 1/2) minutes only.



          (c) Stage employees called to work outside their regularly scheduled hours other than in (b)
above, shall be paid the prevailing hourly rate for such work or two (2) hours’pay, based upon
the appropriate hourly rate specified in Section 5.01 for each such work call. Wardrobe employees
called to work outside their regularly scheduled hours other than in Section 5.1l(b) above, shall
be paid the prevailing hourly rate for such work and shall be guaranteed a minimum of three (3)
hours work or three (3) hours pay, based upon the appropriate hourly rate specified in Section 5.01
for each such work call.



          (d) It is understood and agreed that the two (2) hour minimum is intended to apply only to
stage employees who have been released from duty after concluding their assignments. It is
understood and agreed that the three (3) hour minimum is intended to apply only to wardrobe
employees who have been released from duty after concluding their assignments.



          (e) Employees, including wardrobe employees, called in to work on the building or installation
of a new show that is designed for a run of three (3) or more months shall be guaranteed a minimum
of four (4) hours’ pay based on the straight time hourly rate specified in Section 5.01 for each
such work call. In addition to working the performances and, except as limited by the provisions of
Section 7.04(f), members of the regular house crew shall have the option of working eight (8) hours
of new construction or work on the installation, making, or fitting of costumes and/or rehearsal at
the appropriate straight-time hourly rates of pay, provided such work is performed between the
hours of 9:00 a.m. through 6:30 p.m., meal periods included. Members of the regular house crew who
are working performances shall not be penalized for refusing to perform new construction work or
work on the installation, making, or



16









 







fitting of costumes and/or rehearsal. All time worked under Section 5.11 (e), in excess of eight
(8) hours, shall be compensated for at one and one-half times (1 1/2x) the straight time hourly
rate of pay and such overtime hours shall continue to accumulate until the employee is released
from duty for eight (8) consecutive hours, as provided in Section 7.06. The time-off provisions of
Section 5.13 shall apply to all employees working under Section 5.11 (e).



          (f) Management personnel shall not perform the bargaining unit work of Wardrobe employees,
except in the following circumstances: (1) emergencies; (2) work incidental to the training and
direction of Wardrobe employees; and (3) corrections and reworking of work performed by Wardrobe
employees.



     Except in cases of an emergency nature, wardrobe employees shall not be required to wash or
clean, press or iron costumes and/or accessories during performances. Such washing, cleaning,
pressing or ironing, as may be assigned to Wardrobe employees, shall be performed under Section
5.11(b) or (c), whichever is applicable.



     Wardrobe employees shall not be required to make, alter, launder, press or repair the
personal clothing of any person during the performance of a show or lounge shift.



     5.12. Exception to Minimum Work Call. No call for men shall be required where nothing more
than the initial turning on and final turning off of lights, sound or stage equipment is necessary,
subject to the understanding that Heads of Departments directly involved shall be advised of all
matters affecting stage production which involves them and their departments.



     5.13. Time-Off. The Employer shall post a schedule showing time off for all regular employees
and shall give the employee and the job steward one week’s notice of a change in time off. Time off
shall commence with the conclusion of the final performance or lounge shift on the employee’s sixth
(6th) day and will extend until set-up time for the first performance on the first day of the
employee’s new work week. Where an employee regularly has two consecutive days off, time off shall
commence with the conclusion of the final performance or lounge shift on the employee’s last work
day of his work week and will extend until 9:00 a.m. on the first day of the employee’s new work
week. Except as provided in paragraph immediately following, all work performed during the time-off
period shall be paid for at one and one-half time (1 1/2x) the regular, straight-time hourly or
performance rate of pay, whichever is applicable, except that the Employer may call an employee
into work three and one-half (3 1/2) hours prior to the first performance on the first day of the
employee’s new work week for the purpose of performing emergency work and necessary repairs if the
employee so consents, and pay that employee the appropriate straight-time rate of pay. Such work
call is subject to the appropriate work-call minimum set forth in Section 5.11(c).



     The Employer may require an employee to work two (2) hours after the conclusion of the final
performance or lounge shift on the employee’s sixth (6th) day worked for which the employee shall
be compensated at the appropriate straight-time hourly rate, or at the applicable overtime rate
required under other provisions of this Agreement. It is understood and agreed that such two (2)
hours on the sixth (6th) day worked must be contiguous to the final performance or



17









 







lounge shift just completed, otherwise the overtime rate applicable to work performed during the
time-off period shall automatically become payable.



     Except for such two (2) hour assignments, no employee shall be penalized for refusing to work
during his time-off period, provided, however, that a Department Head may not refuse an emergency
call during his time off.



     5.14. Reporting Pay. A stage employee reporting to work as scheduled or pursuant to the
direction of his Employer who has not been notified of the cancellation or postponement of such
work call shall be provided with not less than (a) two (2) hours’ work or two (2) hours’ pay, or
(b) a full lounge shift or full lounge shift pay for the day, or (c) two (2) performances or pay
for two (2) performances, whichever is applicable. Such pay shall be computed at the appropriate
rate of pay specified in Section 5.01 for the classification involved in each such work call.



     A wardrobe employee reporting to work as scheduled or pursuant to the direction of her
Employer who has not been notified of the cancellation or postponement of such work call shall be
provided with not less than (a) three (3) hours work or three (3) hours pay, (b) a full lounge
shift or full lounge shift pay for the day, or (c) two (2) performances or pay for two (2)
performances, whichever is applicable. Such pay shall be computed at the appropriate rate of pay
specified in Section 5.01 for the classification involved in each such work call.



     This guarantee shall not apply in cases of discharge or when the employee is unable to
perform the assigned work.



     It shall be sufficient notice for the purpose of this Section if the Employer notifies the
Union four (4) hours in advance of the cancellation or postponement of the work call.



     The above provisions of this Section shall not be construed to relieve the Employer of the
obligations imposed on it under Section 5.09.



     5.15. Work Assignments. Nothing in this Agreement shall be construed as prohibiting the
Employer from assigning employees working in one classification or area of the establishment to any
other classification or area for which he is qualified, provided the employee involved is paid at
his regular rate or the rate of the classifications to which he is assigned, whichever is the
higher. This provision shall not operate to deny regular members of the house crew from working
performances which they were otherwise regularly scheduled to work.



ARTICLE 6

Dual Show Policy




     6.01. The performance rates set forth in Section 5.01 are intended to apply to the repetition
of the same basic presentation or show. These rates also apply to a variety show, even though
performers or acts vary between the first and subsequent shows on the same day.



18









 





     The performance rates set forth in Section 5.01 are not intended to apply to the performance
of two (2) or more completely different productions, musicals or dramatic presentations in the
same performance workday, for example: “High Button Shoes” and “Anything Goes” or the Lido and
Casino de Paris shows.



     Where such completely different presentations are performed during the same workday, the
premium for the second or third show shall be ten percent (10%) of the performance rate specified
in Section 5.01. This premium rate shall not be applicable to the presentation of different acts
of a thematically continuous musical presentation or drama; such as, “Westside Story,” nor to a
series of selections from different shows, plays or musicals that have been integrated into one
production; such as, “An Evening with Art Carney.”



ARTICLE 7

Hours of Work — Overtime




     7.01. Hours of Work — Performance. For the purpose of computing hours worked by employees
working on the performance rate of pay, each performance, including report and setup time, shall
be deemed to constitute two (2) consecutive hours of work time. All time worked in excess of two
(2) hours for each performance shall be compensated in five (5) minute increments under Section
5.11(a), at the appropriate straight-time hourly rate of pay, unless the employee would otherwise
be working under the overtime rate. However, employees who work two (2) performances in one (1)
night, the running time of which, including report and set-up, and strike time, which is included
in the performance rate of pay under Section 5.11 (b), actually exceeds an aggregate of five (5)
hours shall be compensated for all time worked in excess of five (5) hours in five (5) minute
increments under Section 5.11(a), at the appropriate straight-time hourly rate of pay, unless the
employee would otherwise be working under overtime rate of pay. Employees who work three (3)
performances in one (1) night, the running time of which, including report and set-up, and strike
time, which is included in the performance rate of pay under Section 5.11(b), actually exceeds an
aggregate of seven and one-half (7 1/2) hours, shall be compensated for all time worked in excess
of seven and one-half (7 1/2) hours in five (5) minute increments under Section 5.11(a), at the
appropriate straight-time hourly rate of pay, unless the employee would otherwise be working under
the overtime rate.



     Unless otherwise stated in this Agreement, all work required of employees under this
Agreement to prepare rooms, areas, or stages for commercial product presentation, industrial
shows, commercial and/or industrial road shows, ice shows and circuses, shall be considered
hourly work and shall be compensated for at the appropriate hourly rates of pay, as set out in
Section 5.01. In addition to the foregoing, all work required of employees under this Agreement
concerned with sporting events, industrial television and conventions (seminars, lectures and
workshops) shall be considered hourly work.



     7.02. Performance and Lounge Shift Workday. The performance and/or lounge shift workday shall
begin at the start of the first performance or lounge shift of the day and shall continue until the
start of the first performance or lounge shift on the following day. The



19









 







application of this section is exclusively limited to that work which is required for the actual
presentation of performances or the execution of lounge shifts.



     7.03. Intermingling of Hourly Work with the Presentation of Performances or the Execution of
Lounge Shifts. It is agreed that for the purpose of computing hours worked and the appropriate
rates of pay, (see examples under Exhibit III), the beginning of a performance or lounge shift
shall not be utilized to break the accumulation of hours worked. In addition to the foregoing, and
provided the employees who work performances have completed a minimum rest period, as provided for
under Section 7.06, the Employer may utilize such employees at the appropriate straight-time hourly
rates of pay for a period of time not to exceed six (6) consecutive hours, commencing no earlier
than 9:00 a.m. and extending to no later than 7:30 p.m. of the same day. All time worked in excess
of six (6) hours between the hours of 9:00 a.m. through 7:30 p.m., shall be compensated for at one
and one-half times (1 1/2x) the appropriate straight-time hourly rate of pay. Further, it is agreed
that all time worked in addition to the presentation of performances or the execution of lounge
shifts, shall continue to accumulate until the employee involved has been released from duty for
eight (8) consecutive hours, as provided for under Section 7.06.



     7.04. Overtime.



          (a) Except as otherwise provided in this Agreement, all time worked in excess of eight (8)
hours shall be compensated for at one and one-half times (1 1/2x) the appropriate hourly rate of
pay and such overtime hours shall continue to accumulate until the employee is released from duty
for eight (8) consecutive hours, as provided for under Section 7.06.



          (b) All time actually worked in excess of forty (40) hours in a workweek shall be compensated
for at one and one-half times (1 1/2X) the appropriate hourly rate of pay.



          (c) An employee’s workweek shall begin at report time for his first performance, or lounge
shift, following his scheduled day off, except as provided for in Section 5.13.



          (d) An employee shall not be entitled to any additional compensation solely because he has
qualified for overtime compensation under both paragraphs (a) and (b) rather than only one of such
paragraphs.



          (e) Extra work, that is, work to be performed outside of performance time and lounge shift,
shall be distributed equitably among those members of the regular house crew who are qualified and
available to perform the work involved.



     7.05. Except for performances worked during the time-off period provided under Section 5.13,
performances shall not be compensated for at a rate in excess of those set forth in Section 5.01.



20









 





     7.06. Rest Periods — Performance and/or Lounge Work.



          (a) Employees who are released from duty after the completion of the last performance, or the
completion of a lounge shift, shall be entitled to a rest period of eight (8) consecutive hours.
The employer shall pay double time (2x the straight-time rate) for all hours worked within the
eight (8) hour rest period, with a minimum three (3) hour call at said double time (2x). Employees
who are requested to perform hourly work, under Sections 5.11(e) and 7.03, after completing a
minimum rest period of eight (8) consecutive hours, shall not be entitled to an additional rest
period prior to report and set-up time of a performance.



          (b) Rest Periods — Minimum Hourly Work Calls. Except as provided for in paragraph (a) of this
Section 7.06, employees working under a minimum hourly work call, who have been released from duty,
shall be entitled to a rest period of eight (8) consecutive hours. If less than an eight (8)
consecutive hour rest period is provided, the same penalties as provided for under paragraph (a) of
Section 7.06 shall prevail.



          (c) It shall be the Employer’s responsibility to make the work calls and to designate rest
periods in such a manner so as not to cause the employees to perform their work at the overtime
rates of pay.



     7.07. Employees Working in Legitimate Theaters. All of the provisions of this Article excepting
Section 7.01 shall apply to employees working in Legitimate Theaters. A legitimate theater, for the
purpose of this Agreement, shall be defined as a room with theater-style seating  presenting shows
of three (3) hours or more in length. The weekly rates of pay for eight (8) shows to be performed
in six (6) days shall be the weekly rates set forth in Section 5.01 hereof. Each show shall be
deemed to constitute four (4) hours of work.



     7.08. Packing Out. Wardrobe employees who are assigned to perform packing-out duties during the
hours of performance shall be paid two (2) hours at the regular straight-time rate in addition to
the performance rate of pay.



ARTICLE 8

Vacations




     8.01. Amount of Vacation Pay. Each employee shall receive vacation pay in an amount equal
to four percent (4%) of his gross income earned during the term of his employment with the
Employer. Such vacation pay shall be paid on the calendar quarter or at the time the employee is
granted a vacation or leave of absence, whichever occurs sooner. All accrued vacation pay shall
be paid upon termination except as provided in Section 8.03.



     Employees who meet the eligibility requirements of this Section shall be required to give
the Employer at least two (2) weeks’ written notice prior to the time they desire to take their
vacation. It is further understood and agreed that the Employer shall not be obligated to grant



21









 







vacation time off to any employee unless a suitable replacement, who is willing to work the period
of the vacation, is available.



     8.02. Scheduling of Time Off for Vacations. Insofar as possible, time off for vacations shall
be granted at times most desired by employees subject to the understanding that the final right of
allotment of vacation periods is reserved to the Employer in order to ensure the orderly operation
of the establishment. The amount of time available for vacations shall be determined by mutual
agreement between the Employer and the employee, but in no event less than that provided for under
the following schedule:



          (a) Employees who have been carried on the active payroll for six (6) consecutive months will
be entitled to three (3) weeks’ time off in any anniversary year.



          (b) Employees who have been carried on the active payroll for less than six (6) but more than
three (3) consecutive months will be entitled to two (2) week’s time off in any anniversary year.



          (c) No employee with less than three (3) consecutive months of active service shall be
entitled to any time off.



     8.03. Any regular employee, as defined in Section 14.01 (a), who fails to give his Employer
fourteen (14) days’ notice of termination, as required in Section 14.02 (b), shall forfeit accrued
vacation pay in accordance with the following schedule:



	 	 	 	 	 
	 	Notice Given	 	Pay Forfeited
	 
	 	 	 	 
	          (1)

	 	Six (6) days’or less
	 	Six (6) days’ pay
	          (2)

	 	Eight (8) days’ notice
	 	Two (2) days’ pay
	          (3)

	 	Ten (10) days’ notice
	 	One (1) day’s pay
	          (4)

	 	Twelve (12) days’ notice
	 	None






     A day’s pay for the purpose of this Section 8.03, shall be computed as follows:




For employees working on the performance rate, the amount paid for two (2)
performances.




For Lounge Stage Employees, six (6) hours’ pay.




For all others, eight (8) hours’ pay at the applicable rate.



22









 





ARTICLE 9

Health and Welfare




     9.01. Trust Agreement. The Employers and the Union have heretofore agreed to adopt, accept and
be bound by the terms of that certain Agreement and Declaration of Trust establishing the Insurance
Trust Fund of Employers and Unions, sometimes referred to as the Culinary Trust, dated June, 1962,
as amended, and do hereby agree to adopt, accept and be bound by any amendments to said Declaration
of Trust during the term of this Agreement, provided nothing in this Article shall be interpreted
as prohibiting the Employers and the Union from mutually agreeing to change the provider of Health
and Welfare Insurance during the term of this Agreement.



     9.02. Rate of Contributions — Regular Employees. Effective with the payment due in July, 2002,
based upon work performed in June, 2002 and monthly thereafter during the term of this Agreement,
the Employer shall remit to the provider of Health and Welfare Insurance on behalf of each regular
employee, as defined under Section 14.01(a), the following contributions:



     Effective 6/1/02 through 5/31/03     $447.72 per month



     9.03. Rate of Contributions — Regular Relief — Temporary or Extra Employees. Contributions
for Regular Relief, Temporary or Extra Employees, as defined in Section 14.01(b), (c) and (d),
shall be computed on the basis of the following contributions per day worked by such employees:



     Effective 6/1/02 through 5/31/03     $17.22 per day


but not to exceed the following monthly contributions:




     Effective 6/1/02 through 5/31/03     $447.72 per month



     Contributions shall be made in accordance with the standards set by the Fund, and shall not
exceed the above rates. The Employer shall receive a credit from the Fund for excess contributions
made from June, 2002, to the date this Agreement was executed. The Employer shall be entitled to
any credits in the future, if in the preceding year the Employer contributions exceeded the costs
of the benefits for participants in the Fund.



     For purposes of this Section, a minimum work call worked or a minimum of two performances
worked, unless only one performance was scheduled, or one performance was cancelled, shall
constitute one day’s work. However, the Employer shall not be required to make a contribution on
behalf of any regular relief, temporary or extra employee who is also working as a regular
full-time employee for another Employer who is a participant in the Trust.



     It shall be the responsibility of the job steward to ascertain and advise the Employer as to
whether any regular relief, temporary or extra employee is also working as a regular full-time
employee for any other Employer who is a participant in the Trust.



23









 





     9.04. Extension of Benefits. The Employer agrees to extend Health and Welfare
contributions for all regular employees who are on vacation status, as provided in Section 8.02
herein, and to any regular employees who are on medical leave of absence because of an on-the- job
injury for a period not to exceed two (2) calendar months from the commencement of the leave.



     9.05. Reporting. The Employer will provide copies to the Union of the monthly reports of
contributions which it submits to the provider of Health and Welfare Insurance and will designate
therein which employees are regular full-time employees.



     9.06. Local Plan Option. 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 to
provide Health and Welfare Insurance for the employees represented by the Union. The Trust 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 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 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 document and Trust plan arise, the dispute
shall be referred to the parties’ respective legal counsel with the mandate to resolve the dispute
expeditiously.



     9.07. Federal or State Health Plan. In the event that a Federal or State health plan is
enacted providing benefits similar in nature to those provided pursuant to this Agreement, the
Employer and the Union will meet for the purpose of deciding the impact, if any, of such
legislation on the provisions of health and welfare benefits. In no event shall the Employer be
required to pay a sum exceeding that set forth in this Agreement for the provision of health and
welfare benefits, regardless of the source.



ARTICLE 10

Trust Funds




     10.01. Pension, Training and Disability Trusts. 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 Trust.



     10.02. Effective with the payment due for June, 2002, the Employer shall remit to the several
trust funds nine percent (9%) of gross wages earned by or paid to employees covered hereunder
during the preceding month.



24









 





     10.03 Allocation of Contributions. The total contributions shall be allocated among the
several Trust Funds as follows:



	 	 	 
	6/1/02 thru
	 	5/31/07

	Pension:
	 	   8.00%

	Training
	 	    .50%

	Disability
	 	    .50% + $.90 per day







ARTICLE 11

Grievances and Arbitration




     11.01. Definition. For the purpose of this Agreement, a grievance is a dispute or difference
of opinion between the Union and the Employer involving the meaning, interpretation, application to
employees covered by this Agreement. Any violation or alleged violation of Section 12.01 or 12.03
shall not be subject to the Grievance and Arbitration Procedure.



     11.02. Time Limit for Filing Grievances.



          (a) No grievance shall be entertained or processed unless it is received in writing by either
party within fifteen (15) workdays after occurrence of the event giving rise to the grievance or
after the aggrieved party hereto acquires knowledge of the occurrence of such event, whichever is
later. The written grievance shall set forth the provision(s) of the Agreement alleged to have been
violated, and every effort will be made to set forth all of the known facts allegedly constituting
the violation. At the time it submits a grievance to the Employer, the Union shall furnish the
Employer with copies of any written statements, reports or documents relied on by the Union or the
grievant to support the grievance (but not including the employee’s written grievance submitted to
the Union). Anything herein to the contrary notwithstanding, it is understood and agreed that
the Union shall have the right to grieve live warning notices at the time of subsequent discharge
or suspension unless the case involves witnesses. At the time the warning notice is issued, the
Employer shall indicate on the notices whether witnesses are involved.



          (b) As used in the Article, the term “workdays” means the days Monday through Friday,
inclusive.



     11.03. Procedure for Adjusting Grievances. All grievances shall be adjusted exclusively in the
following manner:




1. BOARD OF ADJUSTMENT. Any unresolved grievances shall be reduced to writing and scheduled
for hearing by a Board of Adjustment within fifteen (15) calendar days of the filing of the
grievance. The Board of Adjustment shall be comprised of not more than three (3)
representatives of the Employer and three (3) representatives of the Union. For the purpose
of attempting to resolve grievances prior to arbitration, the parties, at any meeting prior
to the Board of Adjustment hearing and at that hearing, shall make full



25









 






disclosure to each other of all facts and evidence then known to them which bear on the
grievance.



     2. ARBITRATION



          (a) Expedited Arbitration: A grievance regarding the discharge of an employee(s) not resolved
by the Board of Adjustment may be referred to expedited arbitration by written notice from the
party who filed the grievance, within fifteen (15) calendar days of the Board of Adjustment. All
other (non-discharge) unresolved grievances may be referred to expedited arbitration within the
same time period, upon mutual agreement of the parties. An arbitration board shall be convened
composed of two (2) management representatives selected by the Employer from other hotels, and two
(2) representatives selected by the Union excluding the Head of Department directly involved. The
Board shall convene within fifteen (15) calendar days of agreement to utilize this process. The
Board shall hear the evidence presented by the parties without assistance of legal counsel and
shall make a determination immediately upon the conclusion of the hearing. Any decision reached
shall be by majority vote by secret ballot, and shall be final and binding on all parties of this
Agreement, including the Union, the Employer and the aggrieved employee(s), and shall not
constitute a precedent not be cited in any other legal or arbitration proceeding. Each party will
bear their own costs and will share equally the fees and expenses of the arbitration. In the event
a majority decision is not reached, or if, regarding non-discharge grievances, the parties do not
mutually agree to expedited arbitration, the matter may be referred by the party filing the
grievance to formal arbitration procedures set forth in paragraph (b). Such referral shall be made
within fifteen (15) calendar days of either the failure to reach a majority decision or the
parties’ inability to agree to expedited arbitration, as applicable.



          (b) Formal Arbitration: Representatives of the Employer and the Union may agree to select an
arbitrator, but if they are unable to do so, the arbitrator shall be chosen from a panel, received
from the Federal Mediation and Conciliation Service (“FMCS”), of arbitrators who are members of the
National Academy of Arbitrators and who reside in California or Nevada. No arbitrator shall be
chosen to serve in two (2) consecutive arbitrations for the same hotel, unless by mutual consent of
the parties. The arbitrator shall be notified in writing of his/her selection, and shall have no
authority, jurisdiction or power to amend, modify, nullify or add to the provisions of this
Agreement. No evidence shall be introduced as to the withdrawal, during negotiations, of a proposal
to change the Agreement. The award of the arbitrator shall be final and binding on the Employer,
the Union and the employee(s) involved. Except in discharge cases, the expenses and fees of the
arbitrator shall be shared equally by the Employer and the Union. In discharge cases, the expenses
and fees of the arbitrator, and of the court reporter, if any, shall be paid by the party losing
the arbitration. Where, in a discharge case, reinstatement is ordered by an arbitrator with less
than full back pay, the costs of arbitration shall be divided evenly between the parties.



     11.04. A matter may be grieved and the Arbitrator shall have the right to rule on any
grievance within the scope of Section 11.01, even if the grievance is filed after the termination
of this Agreement. However, a matter may not be grieved and the Arbitrator shall not have the



26









 







authority to rule on any matter, whether or not it meets the definition of a grievance under
Section 11.01, which is based on events which occur after the termination date of this Agreement.



     11.05. In an arbitration hearing, neither the Union nor the Employer shall be permitted to
submit any evidence which was known to the offering party at the time of the grievance hearing but
was not presented at the Board of Adjustment hearing. Nothing contained herein shall preclude the
Employer or the Union from presenting testimony at any arbitration hearing from a customer or a
guest or any other person who was not readily available at the time of the Board of Adjustment
hearing.



     11.06. The Arbitrator shall base his/her ruling on a preponderance of the evidence. The
Arbitrator shall have no authority in any case, regardless of the issue, to modify the standard of
proof required to anything other than a preponderance of the evidence.



ARTICLE 12

No Strikes — No Lockouts




     12.01. No Strikes. During the term of this Agreement, neither the Union collectively nor
employees individually will engage in any work stoppages, picketing, sympathy strikes or any other
form of economic action or interference with the Employer’s business, except as authorized in
Sections 12.03 and 12.04.



     12.02. No lockouts. During the term of this Agreement, the Employer will not lock out any of
the employees in the bargaining unit covered by this Agreement, except where the employees have
the right to refuse to cross the picket line under Section 12.03.



     12.03. Picket Lines. Refusal of an employee to cross a bona fide picket line sanctioned and
approved by the International Alliance of Theatrical Stage Employees and Moving Picture Technicians
of the United States and Canada, Local 720, Las Vegas, Nevada, shall not be construed to be a
breach of this Agreement; provided that the foregoing provisions of this section shall not be
applicable with respect to:



          (a) any picket line established for organizational or recognitional purposes, or any picket
line, economic or otherwise, of any union which as of the effective date of this Agreement does not
have in effect a collective bargaining agreement with the Employer or with the Nevada Resort
Association, to which the Employer is bound.



          (b) any picket line established as a result of a labor dispute between an Employer other than
the Employer party hereto and a union other than a Union party hereto.



          (c) any picket line established as a result of a labor dispute between the Employer a party
hereto and a union which currently has a collective bargaining agreement with the Employer or the
Nevada Resort Association to which the Employer is bound, unless and until



27









 







such picketing has been in effect on a continuing basis, twenty-four (24) hours a day for ninety
(90) days.



     12.04. Arbitration Awards. In the event the Employer fails to comply with an Arbitration
Award and does not either seek judicial review of the Award within the period of time required by
law to obtain such review or comply with the Award within such time period, the Union shall have
the right to strike. In the event of a monetary Award by an arbitrator, the appropriate sum of
money shall be placed in an escrow bank account, paying interest at not less than the rate
provided by Nevada law on judgments obtained under Nevada law. In the event the Award is sustained
by the court said interest shall be distributed to the appropriate employees on a pro rata basis.



ARTICLE 13

Employer’s Rights




     13.01. The right to manage the business, including all matters not covered by this Agreement,
as well as the right to hire and fire employees, to determine the suitability and competence of all
applicants and employees, to prescribe the duties and employees, to assign them to work as needed,
to direct the working force, to determine the number of employees to be employed, to determine when
a lack of work and the right to determine the means, methods and schedules of installations,
operations and maintenance are reserved to the Employer, except as such rights may be contrary to
the terms and conditions of this Agreement.



     13.02. Rules and Posting. The Employer may establish and enforce reasonable rules governing the
conduct of employees in the bargaining unit, provided that such rules do not conflict with the
provisions of this Agreement. It will be the responsibility of the Employer to post and maintain a
notice of such rules in a place where all employees affected will have an opportunity to become
familiar with them and furnish the Union with a copy thereof.



     Before any new rules governing the conduct of employees are implemented hereafter, the
Employer will furnish the Union with a copy of the proposed new rules and provide the Union with
an opportunity to discuss them with the Employer’s designated representative.



ARTICLE 14

Definitions and Termination of Employment




     14.01. Definitions.



          (a) Regular Employee. A Regular Employee is any employee who has completed the probationary
period and who is hired as a member of the regular house crew, or who is hired on an indefinite
basis, and who is not a regular relief, extra or temporary employee as defined in Subsections
14.01 (b), (c) and (d) below.



28









 





          (b) Regular Relief Employee. A Regular Relief Employee is any employee who is hired as relief
for members of the regular house crew, who is regularly scheduled to work less than a full
workweek, and who has completed the probationary period.



          (c) Extra Employee. An Extra Employee is an employee who is hired for a specific period of
time not to exceed the run of the show, or forty-five (45) days, whichever is less, and is so
informed at the time of hire.



          (d) Temporary Employee. A Temporary Employee is an employee who is hired to temporarily
replace a member of the regular house crew or who is called in to perform hourly work on a
temporary basis.



          (e) Probationary Period. A regular or regular relief employee will be considered a
probationary employee until he/she has completed forty (40) days of work after his/her most recent
date of hire by the Employer. A probationary employee may be terminated at the discretion of the
Employer, and such termination shall not be the subject to the grievance and arbitration provisions
of this Agreement. The above probationary period may be extended by mutual agreement of the
Employer and the Union.



     14.02. (a) No regular or regular relief employee, after having completed the probationary
period, shall be discharged or otherwise disciplined except for just cause. Prior to discharge for
reasons other than dishonesty, willful misconduct, drunkenness, drinking on duty, insubordination,
neglect of duty, gross negligence, illegal possession and/or use of drugs, participation in a
proven deliberate slowdown, work stoppage or strike in violation of this Agreement, failure to
report to work without just cause, or walking off the job during a shift, such ah employee must be
given a written warning and a reasonable opportunity to correct the deficiency. Upon the discharge
or suspension of any employee for reasons other than dishonesty, the reason therefore shall be
given to the employee in writing, and a legible copy thereof shall be mailed or given to the Union
within seventy-two (72) hours after the discharge or suspension. When an employee is discharged or
suspended for willful misconduct, the notice shall contain the specific conduct or offense deemed
by the Employer to constitute willful misconduct. Upon the request of the Union, legible copies of
all documents relied upon by the Employer in making the discharge or suspension, including copies
of any written complaints or reports concerning the employee (regardless of the source), shall be
furnished to the Union within three (3) working days after such request. The names and addresses
of customers who make written complaints against an employee shall be furnished to the Union on
request if such are relied upon by the Employer as the basis for discharge or suspension of the
employee. An employee may not be discharged solely on the basis of verbal complaints by customers.
The Union shall furnish the Employer with copies of its inquiry to guests and of the guests’
responses to any Union inquiry within seventy-two (72) hours of receipt. Copies of videotapes
shall also be provided upon request, provided the Employer has the copying capability and the
Union pays the reasonable costs for furnishing the copy.



          (b) Time of Discharge. Except as provided in Section 14.01(a), no employee shall be
discharged on his/her day off or while on vacation or leave of absence.



29









 





          (c) Warning Notices. Warning notices issued to employees must specify the events or actions
for which the warning is issued. Warning notices shall be issued to employees as soon as possible
after the Employer is aware of the event or action for which the warning notice is issued and has a
reasonable period of time to investigate the matter, but in any event, warning notices shall be
issued to employees only at the end of a shift. A legible copy of any written warning notices
issued to employees shall be mailed or given to the Union within seventy-two (72) hours after its
issuance by the Employer. Upon request by the Union, legible copies of all documents relied upon by
the Employer in issuing the warning notice, including copies of any written complaints against an
employee shall be furnished to the Union on request if such are relied on by the Employer as a
basis for the warning notice. An employee may not be issued a warning notice solely on the basis of
verbal complaints by customers. Warning notices, written customer complaints, and all other reports
concerning the conduct of an employee shall become null and void one (1) year after the date of
issuance and may not thereafter be used as a basis for or in support of any subsequent discharge or
disciplinary action.



          (d) Disciplinary Suspension. No employee shall be suspended or laid off or have his/her shift
or days off changed for discriminatory reasons, or for disciplinary purposes unless a prior written
warning has been given the employee except where the suspension is for one of the enumerated causes
for discharge. All suspensions shall be for reasonable periods under the circumstances of each
case. An employee may not be given a disciplinary suspension solely on the basis of verbal
complaints by customers. Suspensions shall become null and void one (1) year after the day of
issuance and may not thereafter be used as a basis for in support of any subsequent discharge or
disciplinary action.



          (e) Substance Abuse Policy. Where there is reasonable cause to believe that an employee is
under the influence of alcohol or a controlled substance, the employee, after being notified of the
contents of this subsection, must consent to an immediate physical examination at an independent
medical facility, or suffer the penalty of discharge.



     The Employer shall pay for the cost of the examination, and the employee shall be paid for
all time required for the examination. A blood alcohol level of the Nevada legal limit provides an
absolute presumption that an employee is under the influence of alcohol. A positive reading on a
GC/MS test provides an absolute presumption that an employee is under the influence of a
controlled substance. A copy of the agreed upon GC/MS testing levels is attached hereto as Exhibit
I.



30









 





     14.03. Layoffs Due to Reduction in Force.



          (a) In those instances where the Employer temporarily curtails its entertainment operations
for such reasons as a winter shutdown, show changes or remodeling, the Employer shall lay off its
employees, according to the following procedure.



     The Employer shall give fourteen (14) days advance written notice to the Union and to all
employees involved in such curtailment of operations. The written notice to the Union shall also
specify which, if any, of the employees are to be assigned hourly work on a work call basis and
when the Employer expects to resume normal operations.



     The provisions of Article 5.09 shall not be applicable with respect to the week in which the
layoff occurs, provided that the above procedure has been followed.



     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.



          (b) In case of a reduction in force in a particular department, temporary and extra employees
in that department shall be laid off before laying off members of the regular house crew.



     14.04. Reduction in Size of Crews. The Employer shall have the right to make adjustments in
the number of employees assigned to the various departments which make up the house crews needed
for any show or presentation within ninety (90) days after the opening date of such show or
presentation. All employees assigned to such show or presentation at the end of such ninety (90)
day period shall be deemed to be the number of regular employees required to perform the work
necessary in order properly to present the show or presentation during its run, except as follows:



          (a) The Employer may reduce the size of any crew after the ninety (90) day period referred to
above on the date which falls each six (6) months thereafter, throughout the life of this
agreement, notwithstanding any other provisions of this Agreement.



          (b) The Employer may reduce the size of any crew at any time, provided that such reduction is
predicted upon the removal from the show, or substantial modification of equipment, scenery, props
or cues that regular employees were required to operate, handle or perform, notwithstanding any
other provision of this Agreement.



     14.05. Seniority. The Employer recognizes the principle of seniority which, for the purposes
of this Agreement, is defined to mean that members of the regular house crew, including regular
relief employees, entitled to the weekly guarantee who have the longest continuous time of service
with the Employer in the classification, branch or specialty of the trade in which he is employed,
shall have preference for retaining employment in case of a



31









 







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.



     14.06. Calculation of Continuous Service. There shall be no deduction from continuous service
for absences due to the following causes or circumstances:




(1) Absence not exceeding the period of an authorized leave of absence.




(2) Absence, not exceeding six (6) months’ duration, due to illness or injury,
whether or not compensable under the provisions of the State Industrial Insurance
Act.



ARTICLE 15

Meal Periods




     15.01. Employees in the bargaining unit 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 as time worked and shall not be paid for by the Employer. Time off between shows shall
be deemed to constitute a meal period for the purpose of this Section.



     Meal periods shall not exceed one (1) hour in duration and may not be granted sooner than two
(2) hours after the employee begins work. Subsequent meal periods shall be called not less
frequently than every five (5) hours and not more frequently than every three (3) hours after the
completion of the first meal period of the day. Meal periods may be staggered among members of the
crew. A meal period immediately following the strike time after the second show, as provided in
Section 5.11(b), shall constitute an appropriate meal period.



     Employees who are called into work for an eight (8) hour shift shall be granted two (2) ten
(10) minute rest periods. The first of such rest periods shall be granted within the first four
(4) hours of work and the second of such rest period shall be granted within the last four (4)
hours of work.



     15.02. Penalties for Failure to Provide. In the event that an employee is not provided with a
meal period, as provided in Section 15.01, he shall be paid at the rate of double (2X) the regular,
straight-tune hourly rate for the meal period omitted, and if a meal period is not provided after
six (6) consecutive hours of work, the employee involved shall be paid at the rate of time and
one-half (1 1/2X) his appropriate rate of pay for all work performed after six (6) consecutive
hours until a meal period is provided. Notwithstanding anything herein to the contrary, the one and
one-half (1 1/2) penalty shall not pyramid on the time-off period seventh (7th) day rate of pay.



     15.03. Continuation of Present Practice. If, prior to April 1, 1984, the Employer was
furnishing meals to employees free of charge, or at a discount, it will continue to do so during
the term of this Agreement.



32









 





ARTICLE 16

Tools — Transportation — Clothing




     16.01. Tools. Stage employees shall be required to furnish those small hand tools which are
customarily used to perform the work involved. Wardrobe employees shall be required to furnish
those small hand tools which customarily used to perform the work involved, namely: thimble, small
package of needles, measuring tape, scissors, needle-nose pliers and small wirecutter. 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.



     16.02. 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 of twenty-nine cents ($.29) per mile. Employees shall also be compensated at the
appropriate hourly rate for all time involved in pick-ups and deliveries with a minimum of one-half
(1/2) hour.



     The provisions of Sections 16.01 and 16.02 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.



     16.03. Required Clothing. All employees (including wardrobe employees and employees dispatched
from the Union hall) shall wear appropriate and professional attire. Upon the Employer’s request,
stage employees (including employees dispatched from the Union hall) shall wear clothing as
specified by the Employer which may include blackouts, business-collared shirts, and/or ties. It is
understood and agreed that employees in the wardrobe bargaining unit may wear gum or rubber-soled
shoes while working, subject to the Employer’s prior determination that the particular shoes an
employee intends to wear provide adequate protection against potential work-related hazards.



     If the Employer voluntarily chooses to provide employees with clothing, employees who are
issued such clothing shall reimburse the Employer for such clothing which 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 hotel 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.



ARTICLE 17

Filming and Video Recording




     17.01. The traveling crews brought in to work in conjunction with such motion picture,
filming or video-taping may exercise their normal functions and perform such work as may be
required in the operation and maintenance of their Employer’s equipment and shall work in



33









 







conjunction with such members of the regular house crew as are necessary to integrate their
equipment and operations with those of the Employer.



     Where, such crews are utilized, the Employer shall not be required to maintain a duplicate
number of employees, but there shall be no displacement of bargaining unit employees.



ARTICLE 18

Work Preservation




     18.01. 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 jurisdiction of IATSE as
set forth under the collective bargaining agreement, shall be limited to those operations directly
operated by the Employer, and no work currently or in the past performed by employees covered by
this Agreement while employed by the Employer shall be performed only when the Employer shall at
all times hold and exercise full control of the terms and conditions of employment of all such
employees pursuant to the terms of this Agreement, including, but not limited to, existing
Showrooms, Theaters, Lounges or Convention areas.



     18.02. The parties further agree that Section 18.01 above shall apply throughout the premises
of the Employer, including any additions or renovations to the premises which may take place during
the term of this contract in which the Employer’s employees perform said work and where said
employees are on the Employer’s payroll as employees and are paid directly by the Employer.



     18.03. The parties agree that this Article 18 shall not apply to a commercial customer who
employs personnel to perform work customarily performed by employees covered by this Agreement,
when such work is related exclusively to the commercial 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. The parties further agree that this Section 18.06
shall be interpreted consistent with the settlement in National Labor Relations Board Case
28-CE-43.



ARTICLE 19

Leaves of Absence




     19.01. Leaves of Absence, without pay, not exceeding six (6) months, shall be granted for
reasons of bona fide illness or injury. Any employee absent six (6) or more days, due to illness
or injury, whether or not compensable under the terms of the State Industrial Insurance Act, shall
upon request, present a release from his treating physician stating that he is physically able to
perform the duties of his former position or the one to which he may be assigned by his Employer.



34









 





     Leaves of Absence, without pay, not exceeding six (6) months, may be granted by the Employer
at its discretion for other reasons, the duration of which shall be mutually agreed upon by the
Employer and the employee. If it is established that an employee on a Leave of Absence has accepted
gainful employment during such leave without his Employer’s written permission, he may be
terminated without notice. All Leaves of Absence shall be in writing with a copy to the Union.



     Employees on a Leave of Absence may be reinstated in their employment without regard to the
procedures established under Article 4 of this Agreement. Regular employees reinstated in their
employment after a Leave of Absence will be regarded as retaining their regular employee status.



     19.02. Subject to the provisions of this Article, Leaves of Absence shall not operate to
break an employee’s continuity of service for seniority purposes.



ARTICLE 20

Payment of Wages




     20.01. Except as provided in Section 20.02, payment for regular and extra time shall be made within
three (3) days following the end of the appropriate pay period in which the work was performed.
Employees who quit or are discharged shall be paid in full not later than during the next business
day of the payroll office.



     20.02. Upon giving the employee and the Union thirty (30) days’ notice of its intent to do so,
the Employer may elect to pay the members of the regular house crew on a bi-weekly or semi- monthly
basis, or the Employer may elect that payment for regular and extra time shall be made within eight
(8) days following the end of the appropriate pay period in which the work was performed. Regular
relief employees who work less than five (5) days per week for the same Employer and extra
employees shall be paid on the same basis as the regular house crew; provided, however, that in the
event an extra employee demonstrates extreme hardship to the Union steward, the Employer will
provide his paycheck within forty-eight (48) hours of the request from the steward (seventy-two
(72) if the weekend intervenes). The Employer will provide all non-hardship paychecks for relief
and extra employees to the Union Steward for distribution to the employees at the Union hall.



     20.03. If the Employer becomes delinquent in payment of wages or is operating in receivership
by a Board of Trade or Creditor’s Committee, or in the case of liquidation or bankruptcy, all wages
accrued become due and must be paid at once.



35









 





ARTICLE 21

Safety




     21.01. The Employer will comply with all safety standards required by the State Industrial
Insurance System and the Occupational Safety and Health Act insofar as such standards are
applicable to 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.



     21.02. 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.



     21.03. The Employer shall provide individual compartments for wardrobe employees who are
members of the regular house crew, or their replacements, for the purpose of storing their handbags
or purses while at work. The wardrobe employees shall be responsible for providing their own locks
for such compartments.



ARTICLE 22

Equal Opportunity




     22.01. The Employer and the Union agree that, in accordance with applicable laws, neither of
them will discriminate against any employee or applicant for employment on the basis of race,
religion, age, color, sex, national origin, ancestry or disability. This pledge of
non-discrimination applies to registration, dispatchment, employment, training, compensation and
all other aspects of the employment relationship covered by law and the terms of this Agreement.
For the purposes of this Agreement, the masculine shall include the feminine and the feminine
shall include the masculine.



ARTICLE 23

General




     23.01. No employee, who, prior to the effective date of this Agreement, was receiving wage
rates in excess of those specified in Article 5 of this Agreement for the classification in which
he was employed, shall suffer a reduction in wage rates through the operation of, or because of
the adoption of this Agreement, except where any such excess wages were paid because of additional
job duties or responsibilities which that employee is no longer required to perform. Employees who
are currently being paid in excess of the wage rates herein provided shall, nevertheless, receive
the wage increases uniformly applicable to other employees in the same classification.




36









 





ARTICLE 24

Union Representatives and Job Stewards




     24.01 Union Representatives. The Employer agrees that the authorized representatives of the
Union shall be granted access at any reasonable time to those areas of the premises where employees
represented by the Union are employed, when such visits are necessitated by matters concerning the
administration of this Agreement. The Union agrees that its representatives will not interfere with
the Employer’s operations or the performance of the Employee’s obligations to the Employer.



     24.02 Job Stewards. The Union may select from among the employees, Job Stewards, whose
function, in addition to their normal work, shall be to report to the Business Representative of
the Union, grievances or alleged infractions of this Agreement. The Union agrees to notify the Employer in writing of the employee(s) selected to serve as Job Steward(s).



ARTICLE 25

Bulletin Boards — Parking




     25.01. (a) Bulletin Boards. The Employer agrees to make a bulletin board available in an area
where notices for stage employees are customarily posted for use by authorized Union
representatives to keep members of the bargaining unit informed concerning Union matters. No
notices shall be posted without the prior approval of the Employer’s Stage Manager, which approval
shall not be withheld arbitrarily. The Employer shall have the right to remove notices which are
posted without the Stage Manager’s prior approval where such approval is required. Prior approval
shall not be required for notices which are limited to announcing Union meetings, elections, legal
rights of employees and pending grievances and their resolutions.



          (b) Parking. If the Employer is providing parking for employees, as of the effective date of
this Agreement, it shall continue to do so.




ARTICLE 26

Polygraphs




     26.01. The Employer may not, during the term of this Agreement, require any employees covered
under this Agreement to submit to the use of a polygraph or lie detector as a condition of
employment or for any other reasons.



ARTICLE 27

Savings Clause



     27.01. In the event any provisions of this Agreement are adjudged by a tribunal in
jurisdiction to be violative of any applicable federal or state law, now or hereafter in force,
such



37









 




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. In the
event that the parties are unable to reach agreement, 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 set forth in Article 11 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.




38









 








ARTICLE 28

Term of the Agreement




     28.01. Except as otherwise provided for herein, this Agreement shall become effective on the
1st day of June, 2002, and shall continue in full force and effect to and including May 31, 2007,
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 May 31, 2007, or sixty (60) days prior to
May 31, 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 be executed by their
duly authorized representatives as of this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES, MOVING PICTURE
TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE
UNITED STATES ITS TERRITORIES AND CANADA, AND
ITS TRUSTEED LOCAL 720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By:
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook
	 

	 	 	 	 	 	Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta
	 

	 	 	 	 	 	Its: Co-Trustee






39









 






#1




MEMORANDUM OF AGREEMENT




RE: SECTION 5.03




     During the negotiations over the terms to be incorporated into the new Labor
Agreement, dated June 2, 1989, an understanding was reached with respect to the
fourth (4th) paragraph of Section 5.03 which reads:




“Lounge stage conditions shall be applicable to main rooms in those situations
where the entertainment policy involves the presentation of sets as opposed to
shows.”


The specific understanding was as follows:




     1. In the event that the Employer converts from a show policy to a lounge policy
in his main room operation and such conversion involves a reduction in force,
reduction shall be administered consistent with the provisions of Section 14.04 and
14.05 hereof.



     2. Further, any employee retained who, prior to the conversion, was classified
and paid as Head of Department shall retain his position and shall be paid the hourly
rate of pay appropriate to that position.



     3. Finally, it was agreed that if the Employer reverts to a show policy in the
main room, the performance rates of pay and conditions applicable to such operations
shall become effective immediately.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By :
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By :
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






40









 






#2




MEMORANDUM OF AGREEMENT




RE: SECTION 5.12




     During the negotiations over the terms to be incorporated in the new Labor Agreement
negotiated in June, 1989 an understanding was reached with respect to Section 5.12 which reads:




“No call for men shall be required where nothing more than the
initial turning on and final turning off of lights, sound or stage
equipment is necessary, subject to the under-standing that Heads of
Departments directly involved shall be advised of all matters
affecting stage production which involves them and their
departments.”


In recognition of the fact that the existing practice as of February 29, 1976 varied from one
establishment to the other the specific understanding was as follows:




     1. The Union shall permit the Employer to continue its existing practice as of February 29,
1976 of permitting a performer or musician, while on stage as an integral part of the act or
musical presentation, to operate fixed lighting and sound equipment in lounges.



     2. It is expressly understood that this letter is limited to the type and extent of such
equipment operated as of February 29, 1976 in the Employer’s establishment.



     3. In no event shall an existing bargaining unit position be eliminated as a result of this
letter of understanding.



     4. In the event any person other than a performer or musician, while on stage as an integral
part of the act or musical presentation, is needed to operate such equipment, a bargaining unit
employee shall be assigned such work.



41









 





     5. In the event the Employer does not have an existing practice as set forth in
paragraph 1 above, the existing practice for the Employer shall be determined on the
basis of the existing practice as of February 29, 1976 among a majority of other hotels
with whom the Union had a collective bargaining agreement.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE

EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS

AND ALLIED CRAFTS OF THE UNITED STATES ITS

TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL

720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By :
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By :
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






42









 






#3




MEMORANDUM OF AGREEMENT




RE: ARTICLE 4




     During the negotiations over the terms to be incorporated in the new Labor Agreement,
the following understanding was reached with respect to Article 4:



     It is understood and agreed that the Immigration Reform and Control Act (1-9)
standards requires prospective employees to possess proper documentation that enables the
prospective employee to work in the United States. To that end, the Employer may send home
any applicant, without pay, who cannot comply with required documentation.



     Further, Nevada Revised Statutes 179A requires written authorization from an employee
or prospective employee in order for the Employer to conduct a criminal background
investigation. To that end, the Union will not object to the Employer requesting an
employee or prospective employee to sign such an authorization form that is identical to
the form currently approved by Culinary Local 226.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE

EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS

AND ALLIED CRAFTS OF THE UNITED STATES ITS

TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL

720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By :
	 	/s/ Illegible
	 
	 	 	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By :
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee







43










 





#4




MEMORANDUM OF AGREEMENT




RE: AFTERNOON VENUES




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino with
respect to afternoon venues.



     It was agreed that:



          (a) In the event the Employer decides to add a secondary afternoon entertainment
venue, operated by the Employer or a lessee, the Employer may do so at a reduced eight (8)
show guarantee. A new eight (8) show wage scale shall be created, and shall be eighty percent (80%)
of the agreed upon ten (10) show wage scale.




          (b) Such afternoon venues must commence no earlier than 10:00 a.m., and no
later than 4:00 p.m. However, the Employer may present its “afternoon” entertainment for two
performances, one evening per week. On that one evening the performances may commence
after 4:00 p.m.




          (c) Such afternoon venues must be held on no more than six (6) afternoons per
week.




          (d) Where an afternoon venue has already been created, employees currently
working on that show are receiving a ten (10) show guarantee, and will continue to do so until
ratification of the Master Labor Agreement, or August 1, 1994, whichever is later, at which
point, such employees will be reduced to an eight (8) show guarantee. Employees who are hired to
work the afternoon venue after August 1, 1994 shall only receive an eight (8) show guarantee.








44









 








          (e) Employees on the regular house crew may, at their option, request to work on the
afternoon show. The Employer shall have sole discretion to grant or deny such request.
The Employer shall not require such employees to work an afternoon venue.




     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,
MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS VEGAS,
NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
 

Its: Authorized Representative
	 	 	 	By:
	 	/s/ Illegible
 

Dennis Brook
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible
 

Robert Trombetta
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 






45









 






#5




MEMORANDUM OF AGREEMENT




RE: MINIMUM CALLS, PSCA RATES, AND JOB STEWARDS




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino
with respect to the following:



     1. All call-outs at the Employer’s facility will be subject to no more than a two (2)
hour minimum, regardless of whether the Employer or its lessee or commercial customer is the
employer of the subject employees and who requested such call-out.



     2. All hourly rates contained in the PSCA agreement, which expired on August 31, 1994,
for classifications not specified in the Master Labor Agreement and for work outside the Master
Labor Agreement shall apply to the Employer, its lessee or commercial customer when such
work is performed by Union personnel at the Employer’s facility. The rates in the PSCA
agreement shall increase at the time any new increases take effect in the Master Labor
Agreement, and shall increase in the same increments.



     3. The Employer shall not be required to assign a job steward to a job at a department
head hourly rate to perform payroll functions when a department head is present.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,
MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS VEGAS,
NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
 

Its: Authorized Representative
	 	 	 	By:
	 	/s/ Illegible
 

Dennis Brook
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible
 

Robert Trombetta
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 






46









 






#6




MEMORANDUM OF AGREEMENT




RE: TELEVISION WORK




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino with
respect to the following:



     1. Industrial television work is within the Union’s work jurisdiction.



     2. Industrial television work shall be defined as (a) producing and/or recording a video
product, which is utilized exclusively in the greater Las Vegas Valley market, commercially or
otherwise, (b) video electronic work is performed in connection with developing educational
and/or instructional products, or (c) the product is for the private use of individual groups
or associations, and (d) which is work that does not fall under the criteria set out for
determining “Broadcast” television work, i.e., when the job requires work to be performed which will
result in a product of a kind, that is produced for or by a network, a cable television company,
satellite transmission (excluding video conferencing), syndication, or mass production for markets
outside the greater Las Vegas Valley, and Telethons.



     Television work, as defined above in (a), (b), or (c), shall not be considered to be
industrial television work if (1) it is “in-house” work performed for an “in-house” purpose,
or (2) it is non-commercial video or recording performed by the industrial client for an
“in-house” purpose.



     3. When such work is performed on the property of the Employer, the hourly rates set
forth in the Master Labor Agreement shall apply, unless the rates set forth in the PSCA
agreement are less. The parties recognize that the following wage rates are the hourly wage
rates that appear in the PSCA agreement that expired on August 31, 1994, for the following
industrial television classifications:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Industrial Rate	 	 	 	 	 	 	 	 
	Job Classification	 	2002-2003	 	2003-2004	 	2004-2005	 	2005-2006	 	2006-2007
	Technical Director
	 	 	26.78	 	 	 	27.58	 	 	 	28.41	 	 	 	29.66	 	 	 	30.14	 
	Video Control
	 	 	26.45	 	 	 	27.25	 	 	 	28.06	 	 	 	28.91	 	 	 	29.77	 
	TV Audio Technician (A-l)
	 	 	27.28	 	 	 	28.09	 	 	 	28.94	 	 	 	29.81	 	 	 	30.70	 
	Slow Motion Machine Operator/
Video Tape Editor
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	TV Electronic Camera Operator
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	Hand-Held Camera Operator/
Beta Cam
	 	 	26.48	 	 	 	27.28	 	 	 	28.10	 	 	 	28.94	 	 	 	29.81	 
	Assistant TV Audio Technician
(A-2)
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 






47









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Industrial Rate	 	 	 	 	 	 	 	 
	Job Classification	 	2002-2003	 	2003-2004	 	2004-2005	 	2005-2006	 	2006-2007
	TV Sound Boom Operator
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	Video Recording Machine
Operator
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	Character Generator Operator
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	Audio/Visual Utility Person
	 	 	22.60	 	 	 	23.28	 	 	 	23.98	 	 	 	24.97	 	 	 	25.44	 
	Crane Operator
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 






     These rates shall increase at the time any new increases take effect in the
Master Labor Agreement, and shall increase in the same increments.



     4. If a commercial customer or lessee informs the Employer of its needs for
“Broadcast” television work, the Employer will provide the commercial customer or
lessee with a list of vendors that provide such work and with whom the Union has an
agreement. Nothing herein requires such commercial customer or lessee to use a vendor
from that list.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	
INTERNATIONAL ALLIANCE OF THE ATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS VEGAS,
NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
 

Its: Authorized Representative
	 	 	 	By:
	 	/s/ Illegible
 

Dennis Brook
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible
 

Robert Trombetta
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 






48









 






#7




MEMORANDUM OF AGREEMENT




RE: INDUSTRIAL OR COMMERCIAL WORK




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino
with respect to the following:



     With respect to industrial and commercial work, all hourly work performed on an
employee’s sixth (6th) consecutive day of work shall be compensated for at one and one-half
times (1 1/2x) the employee’s appropriate hourly rate of pay. All hourly work performed on
an employee’s seventh (7th) consecutive day of work shall be compensated for at two times
(2x) the employee’s appropriate hourly rate of pay. All work performed on the following
legal holidays shall be compensated for at two times (2x) the appropriate rate of pay: New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
This Memorandum of Understanding No. 7 shall not apply to members of the Employer’s regular
house crew, including regular relief, unless they are performing industrial or commercial
work on behalf of a commercial customer or lessee.



     It is recognized that union members occupying the following classifications may perform
industrial or commercial work from time to time at the Employer’s facility on behalf of a
commercial customer or lessee. In such cases, the parties agree that the following PSCA
rates from the PSCA agreement that expired on August 31, 1994, shall apply to such employees:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Rate	 	 	 	 	 	 	 	 
	Classification	 	2002-2003	 	2003-2004	 	2004-2005	 	2005-2006	 	2006-2007
	Carloaders (hourly)
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 
	Carloaders (per car)
	 	 	73.44	 	 	 	75.66	 	 	 	77.94	 	 	 	80.28	 	 	 	82.68	 
	Gaffers
	 	 	20.53	 	 	 	21.14	 	 	 	21.78	 	 	 	22.43	 	 	 	23.11	 
	Wardrobe Attendant/
Seamstress
	 	 	22.60	 	 	 	23.28	 	 	 	23.98	 	 	 	24.97	 	 	 	25.44	 
	Hairdressers
	 	 	24.48	 	 	 	25.22	 	 	 	25.98	 	 	 	26.76	 	 	 	27.56	 






49









 






     These rates shall increase at the time any new increases take effect in the
Master Labor Agreement, and shall increase in the same increments.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS VEGAS,
NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
 

Its: Authorized Representative
	 	 	 	By:
	 	/s/ Illegible
 

Dennis Brook
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible
 

Robert Trombetta
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 






50









 






#8




MEMORANDUM OF AGREEMENT




RE: PRE-EMPLOYMENT DRUG TESTING




     During the negotiations over terms to be incorporated in the new Labor Agreement,
the following understanding was reached between the Union and the Tropicana Resort and
Casino with respect to the following:



     The parties agree that it is mutually advantageous to the Employers and the
employees represented by the Union to minimize the time and effort devoted to
pre-employment drug testing. Therefore, the Employers and the Union shall continue to
meet and negotiate concerning the establishment of a drug testing program to be
administered by the IATSE Local 720 — Nevada Resort Association Training Trust, a jointly
administered Taft Hartley Fund. The parties contemplate all applicants represented by
Local 720 being required to be tested once or twice per year, at the employer’s expense,
by a mutually agreeable independent laboratory, and being given a certificate/card
showing the test results, which the employee would show at the time of applying for
employment, and which would be all the employee would need to fulfill any pre-employment
drug testing requirements of the Employers. The parties further contemplate that the
NRA/IATSE 720 Training Trust will be charged with designing and administering such a
program by entering into a contract with the laboratory, collecting an additional
mutually agreeable amount from employers to pay for the testing, and paying the
laboratory directly.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES ITS TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL 720, LAS VEGAS,
NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
 

Its: Authorized Representative
	 	 	 	By:
	 	/s/ Illegible
 

Dennis Brook
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible
 

Robert Trombetta
	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 







51









 





#9




MEMORANDUM OF AGREEMENT




RE: APPLICATION PROCEDURES




     During the negotiations over terms to be incorporated in the new Labor Agreement,
the following understanding was reached between the Union and the Tropicana Resort and
Casino with respect to the following:



     The parties agree that it is mutually advantageous to the Employers and the
employees represented by the Union to minimize the time and effort devoted to
application procedures. Therefore, the Employers and the Union agree to continue meeting
as needed to reach agreement on a standard application questionnaire which applicants
represented by Local 720 could fill out and present upon application, in lieu of
separate special employment applications now used by each different employer.
Presentation of such a completed questionnaire at the time of application for employment
would fulfill the employer’s requirement of all applicants filling out special
applications.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By:
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






52









 






#10




MEMORANDUM OF AGREEMENT




RE: FAMILY AND MEDICAL LEAVE ACT




     During the negotiations over terms to be incorporated in the new Labor Agreement,
the following understanding was reached between the Union and the Tropicana Resort and
Casino with respect to the following:



     The parties agree that it is mutually advantageous to the Employers and the
employees represented by the Union to address the implications of the Family and Medical
Leave Act and related issues in the collective bargaining agreement. Therefore, the
Employers and the Union agree to continue meeting as needed to reach agreement on
mutually agreeable language addressing the Family and Medical Leave Act and related
issues.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By :
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By :
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






53









 






#11




MEMORANDUM OF AGREEMENT




RE: AUDITIONS, FASHION SHOWS, PUBLICITY OR REHEARSAL CALLS




     During the negotiations over terms to be incorporated in the new Labor Agreement,
the following understanding was reached between the Union and the Tropicana Resort and
Casino with respect to the following:



     On those occasions when the Employer schedules auditions, fashion shows,
publicity, or rehearsal calls or commercial functions that involve the use if costumes
associated with the production show or act then being presented by the Employer in his
Main Showroom, Lounge or Legitimate Theater, the Employer shall call such wardrobe
employees covered by this Agreement, as he deems necessary to perform the work
required. Such employees shall be paid the appropriate hourly rate, whichever is
applicable. The parties further recognize that the Employer shall not be required to
pay wardrobe employees the industrial or commercial rate, where the wardrobe employees
are being assigned by the Employer primarily for the benefit of the Employer, such as
to accompany costumes.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By:
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






54









 






#12




MEMORANDUM OF AGREEMENT




RE: WARDROBE HEAD OF DEPARTMENT AND STAFFING




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino with
respect to the following:



     Where the Employer has not done so in the past, nothing in the Master Labor Agreement shall
require the Employer to employ Wardrobe Head of Department, or to compensate an employee at the
Wardrobe Head of Department rate. Nothing in the Master Labor Agreement shall require the Employer
to employ more than one Head of Department in the Convention Department or Laser Department, even
in the absence of the Head of Department, excluding extended leaves of absence and vacations.



RE: ARTICLE 5, NOTE 4 — #l-#4




     During the negotiations, the parties agreed that when the Employer, as per Article 5, Note
#4, determines the duties and/or skills of a seamer or an additional classification normally found
in a Wardrobe shop is required, the following rates shall be paid subject to the conditions found
in Note #4 of this Agreement:



55









 





	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	2002-2003	 	2003-2004	 	2004-2005	 	2005-2006	 	2006-2007
	 	 	Per Hour	 	Per Hour	 	Per Hour	 	Per Hour	 	Per Hour
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Seamstress
	 	$	16.00	 	 	$	16.48	 	 	$	16.98	 	 	$	17.49	 	 	$	18.01	 






     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By:
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






56









 






#13




MEMORANDUM OF AGREEMENT




RE: NEUTRALITY




     During the negotiations over terms to be incorporated in the new Labor Agreement, the
following understanding was reached between the Union and the Tropicana Resort and Casino
with respect to the following:



     The parties agree that at such time as the Local Joint Executive Board of Las Vegas
a.k.a. Culinary Local 226 exercises its rights under its “neutrality” or “Union Again”
language contained in its collective bargaining agreement with the Employer, IATSE Local 720
shall immediately have the same rights in respect to neutrality and transfers.



     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By:
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee






57









 






#14




MEMORANDUM OF AGREEMENT




RE: LABOR MANAGEMENT COOPERATION COMMITTEE



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 concerning common concerns 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 this, the parties agree that a labor management
cooperation committee will be created, with three members appointed by each party, to meet on
a quarterly basis, on the fifteenth of January, April, July and October, to discuss whatever
topics the committee members decide upon, in an effort to mutually resolve issues before they
become problems or issues of dispute between the parties.




     DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 
	For the Employer:	 	For the Union:
	 
	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS
AND ALLIED CRAFTS OF THE UNITED STATES ITS
TERRITORIES AND CANADA, AND ITS TRUSTEED LOCAL
720, LAS VEGAS, NEVADA
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE Local 720
	 
	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	By :
	 	/s/ Illegible
	 

	 	 
	 	 	 	 
	 

	 	Its: Authorized Representative
	 	 	 	Dennis Brook

Its: Co-Trustee
	 
	 	 	 	 	 	 
	 	 	 	 	For IATSE
	 
	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Illegible
	 

	 	 	 	 	 	 
	 

	 	 	 	 	 	Robert Trombetta

Its: Co-Trustee







58









 





#15




MEMORANDUM OF AGREEMENT




RE: MODIFICATION TO ARTICLE 5, SECTION 5.13 (“TIME-OFF”)




     During the negotiations over the terms to be incorporated in the new labor Agreement,
the following understanding was reached:




The Employer may call an employee with split days off into work at 10:00 a.m. on
the first day of the employee’s new work week for the purpose of performing
necessary repairs, if the employee so consents, and pay that employee the
appropriate straight-time
rate of pay.




DATED this 21 day of April, 2003.



	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	INTERNATIONAL ALLIANCE OF THE ATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED
STATES ITS TERRITORIES AND CANADA, AND ITS
TRUSTEED LOCAL 720, LAS VEGAS, NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Its: Authorized Representative 	 	 	 	 	 	Dennis Brook	 	 
	 

	 	 
	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	Robert Trombetta	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 











59









 











#16




MEMORANDUM OF AGREEMENT




RE: PROMOTIONAL EVENTS




     During the negotiations over terms to be incorporated in the new Labor
Agreement, the following understanding was reached between the Union and the
Tropicana Resort and Casino with respect to the following:



     For any and all promotional events held by, sponsored by and/or conducted by
the Employer (hereinafter “Promotional Events”), the Employer shall not be required
to use Tropicana house crew stagehands or wardrobe employees in the following
situations: (1) when work that would otherwise be performed under this Agreement by
the Tropicana house crew stagehands or wardrobe employees involves work relating to
or covered by a warranty or guarantee; and/or (2) when work that would otherwise be
performed under this Agreement by the Tropicana house crew stagehands or wardrobe
attendants involves work that is customarily performed by a regular employee(s) of
an outside employer as per Article 18, Section 18.02 of this Agreement.
Additionally, and with respect to Promotional Events only, nothing in this Agreement
shall be construed to require the Employer to use or schedule Tropicana house crew
stagehands or wardrobe employees for work when such work or scheduling results in
overtime and/or payment of wages at premium or penalty rates to the referenced
Tropicana house crew employees under the Agreement or pursuant to the provisions of
any applicable law, rule or regulation of any governmental agency having
jurisdiction over the parties hereto.



DATED this 21 day of April, 2003.




	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	INTERNATIONAL ALLIANCE OF THE ATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED
STATES ITS TERRITORIES AND CANADA, AND ITS
TRUSTEED LOCAL 720, LAS VEGAS, NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Its: Authorized Representative 	 	 	 	 	 	Dennis Brook	 	 
	 

	 	 
	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	Robert Trombetta	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 










60









 











#17




MEMORANDUM OF AGREEMENT




Re: Section 5.11(b) Rehearsals




     During the recent negotiation, the parties came to the following agreement in regard
to rehearsals only. Strike and/or set-up time between shows can be used for the strike or
set-up of show paraphernalia that falls within the seven and one-half (7 1/2) minutes in
regard to rehearsals. If additional time is required, it shall be paid based on the five
(5) minute incremental language in the contract, capped at fifteen (15) minutes. If
fifteen (15) minutes is exceeded, the one (1) hour minimum call language shall be
activated.



     Rehearsals that are scheduled other than between shows shall be staffed only by
employees of those departments activated based on the requirements of the rehearsal.
Those individuals may assist one another as necessary between departments as long as the
assignment to more than one department is less than fifty percent (50%) of the
individual’s total work call.



DATED this 21 day of April, 2003.

	 	 	 	 	 	 	 	 	 	 	 
	For the Employer:	 	 	 	For the Union:	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	TROPICANA RESORT AND CASINO	 	 	 	INTERNATIONAL ALLIANCE OF THE ATRICAL STAGE
EMPLOYEES, MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED
STATES ITS TERRITORIES AND CANADA, AND ITS
TRUSTEED LOCAL 720, LAS VEGAS, NEVADA	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE Local 720	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Illegible
	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 
	 	 	 	 	 	 	 	 
	 

	 	Its: Authorized Representative 	 	 	 	 	 	Dennis Brook	 	 
	 

	 	 
	 	 	 	 	 	Its: Co-Trustee	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	For IATSE	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	By:
	 	/s/ Illegible	 	 
	 

	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	Robert Trombetta	 	 
	 

	 	 	 	 	 	 	 	Its: Co-Trustee	 	 









61