TABLE OF CONTENTS
ARTICLE I - INTENT OF PARTIES - DEFINITION 1
ARTICLE II - RECOGNITION, UNION SECURITY, DUES CHECK-OFF 3
ARTICLE III - HOURS OF WORK, DAYS OFF 4
ARTICLE IV - VACATIONS AND HOLIDAYS 7
ARTICLE V - TENURE OF EMPLOYMENT, SENIORITY 10
ARTICLE VI - WAGE SCALES 10
ARTICLE VII - EQUAL EMPLOYMENT OPPORTUNITY 11
ARTICLE VIII - DUTIES 11
ARTICLE IX - TECHNICAL EQUIPMENT 15
ARTICLE X - REMOTE PROGRAMS 15
ARTICLE XI - TIME AND TRAVEL ALLOWANCE 16
ARTICLE XII - ARBITRATION - CONTROVERSIES AND DISPUTES 16
ARTICLE XIII - GENERAL PROVISIONS 18
ARTICLE XIV - MEAL PERIOD 23
ARTICLE XV - LAYOFFS 23
ARTICLE XVI - TERM OF AGREEMENT 27
THIS AGREEMENT, made and entered into this 1st day of June, 1999, is by and between Stainless Broadcasting LLP, the owner and operator of television station WICZ-TV, the Employer (hereinafter called the Company), and the National Association of Broadcast Employees and Technicians, AFL-CIO, a labor organization (hereinafter called the Union) NABET-CWA.
ARTICLE I - INTENT OF PARTIES - DEFINITION
1.0 It is the intent and purpose of the parties hereto to set forth herein the basic agreement covering rates of pay, hours of work and conditions of employment to be observed between the parties, and to provide a procedure for the prompt and equitable adjustment of differences to the end that there shall be no interruptions or impeding of work, work stoppage, strikes, lockouts, or other interferences with television broadcasting or associated facilities during the term of this Agreement.
1.1 It is the desire and intention of the parties to reach a mutually satisfactory solution of their common problems, and the parties hereby agree that they will consult and cooperate with each other in respect to any matter or question that may arise in connection with the matters covered by this Agreement. Controversies arising hereunder shall be promptly and amicably disposed of in accordance with Article XII of this Agreement.
1.2 The term "Production Technician" applies to any person designated by the Company whose duties are set forth in Article XV.
1.3 The term "Master Control Technician" applies to any person designated by the Company whose duties are set forth in Article XV.
1.4 The term "Anchor" applies to any person designated by the Company whose duties are set forth in Article XV.
1.5 The term "Reporter" applies to any person designated by the Company whose duties are set forth in Article XV.
1.6 The term "Videographer" applies to any person designated by the Company whose duties are set forth in Article XV.
1.7 The term "Director" applies to any person designated by the Company whose duties are set forth in Article XV.
1.8 The term "Audio/CG Operator" applies to any person
designated by the Company whose duties are set forth in Article
1.9 The term "Managing Editor" applies to any person designated by the Company whose duties are set forth in Article XV.
1.10 The term "Producer" applies to any person designated by the Company whose duties are set forth in Article XV.
1.11 The term "Meteorologist" applies to any person designated by the Company whose duties are set forth in Article XV.
1.12 The term "Employee" as it is used in this Agreement applies and limited to all Employees of the company within the Bargaining Unit covered by this Agreement, including Full-Time, Part-Time, Temporary and Probationary Employees.
1.13 The term "Temporary Employee" applies and is limited to Employees who are hired to Substitute for Employees absent for the following reasons:
And shall also apply to employees hired for a specific project for a fixed period of time.
1.14 The term "Bargaining Unit" means the Employees covered by this Agreement collectively.
1.15 The term "Classification Unit" applies to each of the departments in the station. These departments are (a) News, (b) Engineering, and (c) Production.
1.16 The term "Emergency" means a situation uncontrollable or unforeseen by the Company.
1.17 The term "Intern" applies to and is limited to a Full-Time student of an accredited college who is not an employee of the Company or a member of the bargaining unit.
1.18 The term "Stringer" applies to any person not in the employ of the Company who supplies videotape or other visual images for on-air use in newscasts for remuneration.
1.19 The term "Part-Time" Employees applies and is limited to Employees who are hired by the Company on a Part-Time basis within the bargaining unit covered by this Agreement.
1.20 The masculine gender, when used in this Agreement, shall
be deemed and construed to include the feminine gender as the
context or sense of this Agreement or any paragraph may require,
in the same manner as if such term and had been fully and properly
written in the required gender.
ARTICLE II - RECOGNITION, UNION SECURITY, DUES CHECK-OFF
2.0 The Company recognized the Union as the exclusive representative, for the purposes of collective bargaining, in respect to rate of pay, wages, hours of employment or other conditions of employment of all Full-Time, Part-Time, or Temporary Employees of the Company employed as technicians and announcers, but excluding all office and clerical Employees, switchboard, operators, janitors, sales personnel, guards, professional Employees, independent artists, and supervisory Employees as defined in the National Labor Relations Act.
2.1 All present Full-Time, Part-Time, or Temporary Employees covered by this Agreement shall maintain their membership in the union as a condition of employment. All new Full-Time, Part-Time, or Temporary Employees, shall thirty (30) days after hiring become members of the Union and maintain their membership in the Union during the life of this Agreement as a condition of employment.
There will be a ninety (90) working days probationary period for all new Full-Time Employees hired by the Company, within the bargaining unit, however, this does not exclude said Employees' responsibility in accordance with Article II, Section 2.1. No question shall be raised by the Union concerning the discharge of a probationary Full-Time Employee serving such a probationary period.
The probationary period for Part-Time Employees shall be one hundred eighty (180) working days under the same conditions as above.
Part-time Employees who are offered and accept Full-Time employment shall be subject to the provisions of Subsection (a) above, except that part-Time Employees who move directly to Full-Time status shall be required to serve only sixty (60) day probationary period.
2.2 (a) Upon receipt of a signed authorization of the Full-Time, Part-Time or Temporary Employee involved, the Company shall deduct from said Employee's pay check, dues and initiation fees payable by him to the Union during the period provided for in said authorization. The check-off authorization shall be in the form shown in Appendix A.
Deductions for dues shall be remitted to the International Office of the Union no later than the tenth (10th) day of the month following the deductions. Initiation fees will be remitted to the Local. The Company will furnish to the International Union and to the Local Union simultaneously a list of those for whom deductions have been made and the amount of each deduction.
2.3 The Company agrees to discharge any Full-Time, Part-Time
or Temporary Employee who is required to acquire and/or maintain
membership in the Union by Section 2.1 of this Article who remains
delinquent ten (10) days after receipt by the Company of written
notice from the
Union that said Employee failed to tender the regular fees, due and assessments uniformly required as a condition of acquiring and/or maintaining membership in the Union. The provisions of this paragraph are subject to such limitations as are imposed by the National Labor Relations Act of 1947, as amended.
2.4 The Union shall indemnify, defend, and hold the Company harmless for any claims arising out of any actions it takes on authorization and deduction under Section 2.2, or any discharge undertaken pursuant to Section 2.3.
ARTICLE III - HOURS OF WORK, DAYS OFF
3.0 The normal workweek for Full-Time or Temporary Employees shall consist of seven (7) consecutive days, beginning Sunday each week. The normal schedule shall provide either for five (5) consecutive workdays per week, eight (8) hours per day, or four (4) consecutive workdays per week, ten (10) hours per day. All hours worked in excess of eight (8) hours per day in a five (5) day workweek, or in excess of ten (10) hours per day in a four (4) day workweek, or forty (40) hours per week, shall be paid for at the rate of one and one-half (1-1/2) times the straight time rate. The Company shall have sole discretion of scheduling the normal workweek as either a five (5) day or four (4) day week.
Comp-Time may be given in leu of overtime. The choice of overtime or comp-time is to be made by the individual employee. Employees cannot be pressured by management into accepting comp-time in leiu of overtime. Comp-time will be issued or paid under the guidelines of New York State law.
3.1 The Company may employ Part-Time announcers and technicians whose combined hours shall not exceed eight (8) hours in any one (1) workweek, for every Full-Time Member of the bargaining unit.
No one Part-Time Employee may work more than thirty (30) hours in any one (1) workweek.
All Part-Time Employees will be credited with one (1) day's seniority for every (2) days worked for the Company.
All Part-Time Employees employed by the Company will be guaranteed four (4) hours of work each week. The Part-Time Employee is assigned to work in accordance with Section 6.0. Should the Part-Time Employee be laid off and rehired, his accrued seniority will be considered continuous.
The Company may terminate a Part-Time Employee at anytime during
the term of this Agreement by notifying the Part-Time Employee
by letter of their intentions.
In the event a Full-Time opening occurs and recall rights (Article XV( have been exhausted or extended to Full-Time Employees who have been laid off, a Part-Time Employee will be considered first for that position, in accordance with Section 2.1(b). The Company will consider the seniority of any Part-Time applicant as a relevant factor, but reserves the right to fill any job opening with the best qualified applicant.
Part-Time Employees will be paid in accordance with Section 6.0.
3.2 Overtime of up to thirty (30) minutes shall be credited with thirty (30) minutes overtime pay. Overtime in excess of thirty (30) minutes but less than one (1) hour shall be credited with one (1) hour of overtime pay.
3.3 The parties hereto agree that there shall be no pyramiding of overtime. When more than one type of premium pay is due under any part of the contract, on the larger amount shall be due. Premium pay shall be interpreted to by any payment in excess of those outlined in Article VI.
3.4 A minimum of twelve (12) hours shall elapse between the time a Full-Time Employee goes off duty following his/her regularly assigned shift and the time he/she is required to report back for the following day's shift. The applicable rest period for Part-Time or Temporary Employees shall be eight (8) hours. Any work performed within the applicable rest period shall be paid at overtime rates. Overtime at the end of a regular shift shall not trigger turnaround for the following day's shift.
3.5 No split shift will be assigned. A split shift shall be defined as any break in a work day exclusive of a meal period, excluding call back as provided for in Section 3.8 herein.
3.6 All Full-Time or Temporary Employees shall have two (2) or three (3) consecutive days off in each seven (7) consecutive days, and schedules denoting the work days, hours or work, and the days off in any work week shall be made available to said Employees at least nine (9) days in advance by the Company; provided that the Company may make changes in the applicable schedule with less than nine (9) days' notice where such changes are required due to an emergency as defined in Section 1.16 of this Agreement. However, in considering "Days Off", the seven (7) consecutive days in any given week shall not be considered a part of any other week. Two (2) days off is defined as forty-eight (48) hours plus twelve (12); provided that a shift ending on or before 11 p.m. on the last day preceding days off and a new shift beginning no earlier than ( a.m. following days off shall not trigger short turnaround.
3.7 When a Full-Time or Temporary Employee in the bargaining
unit is called to work on his day off, and is not given another
day off in the same work week, said Employees shall receive a
minimum of three (3) hours' work at the overtime rate of pay in
lieu thereof. A work week is defined as beginning at 12:01 a.m.
Sunday and continuing to 12:00 midnight the following Saturday.
3.8 (a) When a Full-Time or Temporary Employee is called back to work after completing his regular shift, he shall receive a minimum of three (3) hours' work at the overtime rate.
When a Full-Time or Temporary Employee is required to work unscheduled overtime for more than one hour contiguous with his regular shift, in addition to his overtime rate, he shall receive a five dollar ($5.00) meal allowance.
3.9 The Company will discuss with the individual or individuals concerned, and with the Union, unusual or inconsistent scheduling.
ARTICLE IV - VACATIONS AND HOLIDAYS
4.0 All Full-Time and Temporary Employees who have worked 200 or more days during the twelve (12) month period preceding November 15th of each year shall be eligible for paid vacation as described in the table below:
Length of employment:
At least But less than Vacation Pay
6 months 1 year 5 days (40 hours)
1 year 5 years 10 days (80 hours)
5 years 20 years 15 days (120 hours)
20 years 20 days (160 hours)
Employees who work less than 200 days shall have their vacation entitlement determined on pro-rata basis.
Employees who voluntarily terminate their employment after providing the Company with at least two weeks advance notice will be eligible for a pro-rated portion of accrued vacation based on the number of full days worked during the vacation year.
4.1 The following procedure will be used to allot vacations to Full-Time and Temporary Employees:
The Company will provide vacation request forms by December
1 of each year, listing those persons, in each classification,
by seniority and number of weeks (or days) vacation earned under
the provisions of Section 4.0.
Eligible employees will select the dates of their vacation weeks (not necessarily consecutive) or portion thereof, as provided in Section 4.0. Such selection to be made according to seniority on the Company forms provided.
A second notification period to schedule unused vacation will be posted on July 1st of each contract year.
4.2 The normal vacation period shall commence the first full week in January of each year and continue through the last week in December of the following year.
The final schedule of vacations shall be posted by February 1st of each year. If a Full-Time or Temporary Employee wishes to change the dates posted, the request must be in writing to the department hear at least fifteen (15) days in advance for approval. One Full-Time or Temporary Employee in each job description in each classification unit may be on vacation at the same time if operational needs permit. For the purpose of choosing three (4) such units: News, Engineering and Production.
Anchors may not be on vacation during rating sweeps times (February, May, July and November). Weekend anchors may take vacation s between Monday and Friday during these periods. Weekend anchors utilizing this provision shall be subject to call in the event of an emergency and must make their whereabouts known.
Full-Time or Temporary Employees, upon at least two (2) weeks' written notice to the Company on a time card, shall receive their vacation pay on the pay day just preceding their vacation period.
Full-Time or Temporary Employees may elect to take one (1) day of paid vacation at any one time with prior approval of the company so long as operational needs of the station are met.
Employees hired before June 1, 1999, shall receive one half (½) of their accrued vacation to use between June 1, 1999 and December 31, 1999. They will also be granted one additional day to use within that period. As of January 1, 2000 they will receive their full vacation for the following year.
4.3 (a) The parties hereto recognize the following paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Martin Luther King's Birthday, Presidents Day. When a holiday occurs on a Full-Time and Temporary Employee's day off, he will be given an extra day's pay.
On holidays as stated in Section 4.3(a), when management determines that no work is required, a Full-Time and Temporary Employee(s) will have the day off with pay.
4.4 Full-Time, Part-Time or Temporary Employees, required to work on holidays shall be paid double time for the holiday for the time worked. This applies to the day upon which the holiday is generally celebrated and not necessarily to the legal date.
4.5 To be eligible for holiday pay, an employee must work their scheduled working day before and their scheduled working day after the holiday, except for legitimate reasons that will not permit it.
ARTICLE V - TENURE OF EMPLOYMENT, SENIORITY
5.0 For the purpose of determining seniority of service, all Employees in the employ of the Company at the time of the execution of this Contract shall be given credit for the time that they have been heretofore continuously employed in the bargaining unit covered by this Contract.
5.1 The seniority of any Full-Time Employee is to be determined by the length of his total service with the Company computed in years, months and days from the date of his last continuous employment by the Company, except a Temporary Employee shall be credited with such seniority when he becomes a Full-Time Employee. All Part-Time Employees will be credited with one (1) day's seniority for every two (2) days worked.
ARTICLE VI - WAGE SCALES
6.0 (a) Regular Full-Time Technicians and Announcers
Minimum Initial Hire Rate 6/1/99 -12/31/04
Maximum Rate 6/1/99 6/1/00 6/1/01 6/1/02 6/1/03 6/1/04
$515.87 $531.35 $547.49 $563.91 $580.83 $598.25
All regular Full-Time Technicians and Announcers making $500.85 or above (maximum rate as of 5/31/99) per week shall receive not less than a three percent (3%) increase each year of this Agreement. The effective dates for these raises shall be June 1st of each year as reflected above. Employees making less than $500.85 (maximum rate as of 5/31/99) per week (as of 6/1/99 or hired after 6/1/99) shall receive not less than a three percent (3%) increase each year of this Agreement. The effective dates for these raises shall be the employees anniversary date.
Part-Time Technicians and Announcers
The initial hire rate for Part-Time Technicians and Announcers
shall not be less than $6.25/hour.
Each such Part-Time Employee shall receive not less than a three percent (3%) increase after each year of service during the term of this Agreement.
Audio Talent Fees (One Time Payments)
Recording a : 10 or :20 spot - $1.00
: 30 spot - $1.50
: 60 spot - $2.00
½ hour program - $15.00
1 hour program - $30.00
These fees apply only to persons outside the Promotion/Production Department and only to commercial production.
6.1 It is understood that the above-stated wage scales are minimums, and do not in any way preclude the payment of wages on a merit basis higher than those so delineated.
6.2 The Company will provide the Union as of the effective date of this Agreement, and annually thereafter, as an attachment to the Contract, an updated seniority list of Employee names and employment start dates.
ARTICLE VII - EQUAL EMPLOYMENT OPPORTUNITY
7.0 It is and will continue to be the Union's and the Employer's policy to vigorously and effectively support the national policy against discrimination in employment or employment opportunity on the basis of rave, color, creed, national origin, sex, age, or disability, and to promote equal employment opportunity for all disqualified persons who are already Full-Time, Part-Time, or Temporary Employees, of Station WICZ-TV. As part of this policy, the Employer actively seeks minority-group persons for all aspects of its operation and has put into effect an affirmative equal-employment opportunity program, a copy of which is available in its public files.
7.1 Neither NABET-CWA nor WICZ-TV will unlawfully discriminate against any person because of race, color, creed, national origin, sex, sexual preference, age, or disability. To the contrary, both NABET-CWA and WICZ-TV will faithfully endeavor to comply with both the spirit and the letter of all applicable law in these areas.
ARTICLE VIII - DUTIES
8.0 (a) It is understood that the following work falls within the jurisdiction of the bargaining unit:
all studio control,
all floor work,
all audio and video editing and splicing,
all video and film photography,
all technical equipment as defined in Section 9.0,
all videotape operations,
computer generated graphic are equipment subject to "C" following,
on-the-air presentation and/or announcing, whether on camera or not, with the following exceptions:
Appearance on camera on microphone may be made by persons other
than Full-Time, Part-Time, or Temporary Employees where such appearances
do not replace or substitute for the use of such Employee(s).
In the ordinary course, graphics produced for on-air product should be produced by a member of the bargaining unit. However, computer generated artistic work may be performed by others and appear on-air provided such work does not cause a layoff, reduce regularly scheduled work, and is recalled to air by a bargaining unit employee.
Station Employees may operate videotape decks on location at sales meetings, or in the conference room for client approval. Salespersons and consultants may use cameras in the conference room for the purpose of training other salespersons. Audition, training, and rehearsal may be performed by managers listed in Section 8.1.
8.1 It is agreed that the assistant chief engineer, production manager and the news manager may perform work normally performed by bargaining unit members subject to the following conditions:
They may not work scheduled shifts, except to replace a bargaining unit member who is ill, on vacation, or similar absence (such as jury duty, or in an emergency.
No member of the bargaining unit shall be laid off or have his hours reduced as a result of such work.
The chief engineer and the assistant chief engineer may operate technical equipment for the purpose of repair, or other emergency as defined in this contract. They may not perform bargaining unit work on a regular basis. Paragraph (b) above shall not apply to this paragraph.
The News Director may perform duties as in the past and paragraph (b) shall apply.
8.2 The Company retains the right to assign available work to qualified Employees in their jobs and among jobs within their classification units.
In addition, the Company reserves the right to assign available work to qualified Employees in other classification units when the need for such work arises and the Employee(s) being assigned is available for such work.
An Employee is available when he is not performing his primary duties within his classification unit and/or job description.
An employee primarily performs work normally assigned to another
Employee in another Employee in another classification unit when,
on a regular basis, the Employee works the majority of his/her
time in the other classification unit.
No Employee shall be assigned duties which violate any valid medical restrictions.
If an Employee is assigned work with which he/she is not familiar, the Employee shall be given reasonable training or a reasonable amount of time to become familiar with the new work.
8.3 Stringers. The Company may utilize work provided by stringers subject to the following conditions:
No bargaining unit Employee is laid off or loses regularly scheduled hours as a result of such use; and
The subject matter was an unscheduled event which could not reasonably have been covered by a bargaining unit employee; or
All bargaining unit Employees were fully utilized covering other news; or
The event covered was not know to the Company in a timely enough manner as to enable the use of bargaining unit personnel; or
The visual images produces by the stringer were, in the opinion of the Company, superior to those produced by bargaining unit personnel; or
The subject matter addressed was sufficiently specialized such that the use of the stringer was warranted by his/her special expertise; and
The use of the stringer would not violate any other provision of this Agreement, not modified by the foregoing.
8.4 INTERNS: The Company and the Union will cooperate in the conduct of an educational program utilizing "Interns", but shall be guided by the following as set forth herein.
Interns will be verified full-time students under the auspices of accredited college courses.
The program will first and foremost serve as a learning experience, but may include limited production work for use on air, if in the judgment of the Company, the student is deemed qualified.
A maximum of eight (8) "Interns" per semester, may
be utilized by the Company in or job descriptions as defined in
the Agreement, except that such "Interns" shall not
appear live on-cameras as reporters or anchors.
"Interns" may not perform any work normally done by Bargaining unit members in the event of a lawful work stoppage as explicitly permitted by this Agreement."Interns" shall not perform any work which would ordinarily be within the primary job description of a member of the Bargaining Unit in the event of a lay-off of such member or in the event of a reduction in the hours of work of any Bargaining Unit member.
ARTICLE IX - TECHNICAL EQUIPMENT
9.0 The term "technical equipment" is defined for the purpose of this Contract, as those facilities of the Company used in transmitting, converting and/or conducting audio, FM, facsimile, video and/or radio frequencies for the use in broadcast, rebroadcast, audition, rehearsal, recording and/or "on-the-air" playback, or any other technical equipment used in connection with any of the above.
9.1 The Company further agrees that when and if NABET-CWA, AFL-CIO members are employed in construction, fabrication installation and/or development work, the terms of this contract shall prevail as to hours, wages and conditions of work.
9.2 Employees may refuse to perform work of a hazardous nature where there is a reasonable probability of bodily injury through accident or violence, not directly associated with operation or maintenance of Company technical equipment. Hazardous work shall include but not be limited to:
climbing antenna towers
entering riot areas or areas of mass disturbance
adjustment or maintenance alone in a transmitter beyond door interlocks where high voltage is applied to transmitter
ARTICLE X - REMOTE PROGRAMS
10.0 At least one (1) Full-Time, Part-Time, or Temporary Employee shall be present at the origin or Company programs, auditions, rehearsals, or recordings originating from points outside the premises in which the main studios are located. Where the originating point is more than one hundred (100) miles from the studio, the Company may, but is not required to use a Company Employee.
10.1 In no event shall the Company refuse to assign technicians in any case where the Company would ordinarily assign technicians because of any claims made by any other union to the operation of certain or all technical equipment in any particular location or area.
10.2 In no event shall the Company refuse to assign announcers
in any case where the Company would ordinarily assign announcers
because of any claims made by any other union.
ARTICLE XI - TIME AND TRAVEL ALLOWANCE
11.0 When travel is required in the performance of assigned duties within the Triple Cities metropolitan area, Full-Time, Part-Time, or Temporary Employees shall receive the time credit for all travel time plus actual time worked. Assignment outside the Triple Cities metropolitan area shall be paid for on a fixed fee basis which shall in no event be less than the said Employee's hourly rate for hours worked and traveled. The Company will inform the said Employee(s) in advance of his department what the basis will be. The work day for all Full-Time, Part-Time and Temporary Employees shall begin and end at the studio.
11.1 It is agreed that each Full-Time, Part-Time, or Temporary Employee will be compensated for the use of his vehicle when used at the Employer's request on Company assignment at the rate of thirty cents (30¢) per mile, or a minimum of four dollars ($4.00) per assignment, whichever is greater. Said Employee will have the right of refusal as t the usage of his personal vehicle.
11.2 The Company will provide transportation to and from location, but in the event a Full-Time, Part-Time, or Temporary Employee uses his own vehicle, he shall be compensated as provided in Section 11.1.
ARTICLE XII - ARBITRATION - CONTROVERSIES AND DISPUTES
12.0 Should any dispute or grievance arise between the Company and the Union regarding the meaning or application of any provision of this Agreement, or should any other dispute arise hereunder, negotiations for their settlement shall be conducted in the following manner:
12.1 The grievant and/or his local union designee shall first take up the question with his immediate supervisor within three days of the alleged grievance, or the Union's knowledge thereof, and an attempt to settle the matter shall be made with such supervisor.
12.2 If a satisfactory agreement cannot be reached within five (5) business days in this manner, the case will be submitted by the Union to the Station Manager in writing for settlement within the next five (5) business days. Such grievance shall be answered by the Company in writing to the Union within five (5) business days of the receipt. If a satisfactory agreement is not reached within ten (10) days, the Union or the Company must call within one (1) week for a representative of the International Office of the Union to assist in the settlement of the grievance before proceeding further. The International Office of the Union and the Company shall attempt, in good faith, to settle the dispute.
12.3 Any grievance that cannot be resolved by the International
Office of the Union and the Company within ten (10) days, shall,
within the succeeding ten (10) days be submitted to arbitration
by either party by delivering a signed written notice to that
effect directly to the other party. Unless such an arbitration
request is so made, the grievance or dispute shall be deemed to
have been abandoned. After such written request has been made,
an impartial arbitrator shall be selected by the parties in accordance
with current procedure of the American Arbitration
Association. A final written decision or award of the arbitrator shall be made as soon as practicable after submission of the grievance or dispute to him. The parties agree that such final decision shall be binding on each of the parties, and that they will abide thereby subject to the rules and regulation as any Federal Agency having jurisdiction may impose. In no event shall the arbitrator modify or amend the provisions of this Agreement, nor shall the same question or issue be the subject of arbitration more than once, except upon a showing of new evidence, change of conditions, or circumstances. Each party will bear its own expense in carrying out the provisions of this paragraph, and the parties will share equally the expense of the arbitrator. The time limits herein provided in Article XII may be extended by mutual written consent. Post hearing briefs will only be permitted if the arbitrator so specifies.
12.4 When any steward, local Union officer, or designee is on duty and is called upon to discuss with a representative of the company a question arising from any condition of employment, said bargaining unit Employee will be paid their normal wage rate by the Company.
12.5 It is agreed that any and all claimed breaches of this Agreement whether alleged to have been committed by the company, the Union or their respective officers or agents, or by a bargaining unit member; and any and all grievances, disputes, stoppages and any and all differences between the parties concerned in the interpretation or application of the provisions of this Agreement shall be settled and determined exclusively through the processes of collective bargaining and if that fails, by the processes as herein provided. Nothing herein contained shall be construed to prevent either party from resort to the Courts for the enforcement of the award or decision made by an arbitrator as herein provided or in case of the refusal of either party to arbitrate as herein provided.
12.6 The Company recognizes the fact that the only agency which can authorize a strike, stoppage or interruption or curtailment of operations for Local #26 is the Sector Executive Council of NABET-CWA, AFL-CIO. Neither Local 26 nor NABET-CWA, AFL-CIO shall be held liable for any of the actions of their officers or agents and/or members, unless the Sector Executive Council of NABET-CWA, AFL-CIO, shall have specifically authorized such action.
ARTICLE XIII - GENERAL PROVISIONS
13.0 The following existing benefits and rights shall continue in full force and effect:
The right of accepting outside employment where such activities do not interfere with the Full-Time, Part-Time, or Temporary Employee's performance of his duties. Any Full-Time Employees shall notify the Company in advance, where possible, of any intended outside employment.
The right of changing schedules where such changes will not
result in increased cost to the Company (not to exceed one (1)
such change in any month unless permission is given by the Company).
13.1 Each Full-Time Employee shall be compensated by the wage scale in the classification to which he has permanently been assigned. In the event that he is temporarily transferred to a classification higher than that in which he is permanently assigned, he shall be paid at the normal wage scale for such higher classification during the period of his temporary transfer. In no event, however, is he to receive less than his permanent wage scale if assigned to a group lower than his permanent status.
13.2 A full-time Employee may be granted a leave of absence for any reason, without loss of seniority, provided such leave is approved in writing, in advance by both the Company and the Union.
13.3 A full-time, part-time, or temporary Employee shall be responsible for the performance of only one assignment at any one time. It is understood that this provision does not constitute blanket authority for said Employee to refuse to perform required multiple duties or to perform such duties in any but a conscientious and efficient manner insofar as circumstances permit.
13.4 The Company shall not use its equipment nor the services of any full-time, part-time, or temporary Employee for the purpose of assisting any Company in breaking a strike, and full-time, part-time, and temporary Employees shall not be assigned, transferred or required to go to any radio or television station, studio, or property where a strike is in progress.
13.5 Both the Company and the Union recognize the re-employment provisions of the Selective Training and Service Act and all the re-employment policies and regulations issued thereunder.
13.6 All full-time, or temporary Employees having a death in the immediate family will be compensated by the Company up to a maximum of three (3) days or nights absence with pay to and including the day of the funeral if such days fall within said Employee's regular work week. If such funeral takes place beyond a three hundred (300) mile radius of Binghamton, up t a maximum of five (5) days or nights absence with pay shall be granted. Full-time and temporary Employees shall not be paid for regularly scheduled days off or during a paid vacation. The immediate family will consist of said Employee's spouse, children, father, mother, brother and sister. On such day, the day of the funeral will be allowed in the event of the death of said Employee's mother-in-law, father-in-law, grandparent, or grandchild.
13.7 Except as expressly abridged by any provision of this
Agreement, the Company reserves and retains exclusively all of
its normal and inherent rights with respect to the management
of the business, whether exercised or not, including but not limited
to its rights to determine, and from time to time re-determine,
the number, location and types of its plants and operations, and
the methods, processes and materials to be employed; to discontinue
conduct of its business or operations in whole or in part; to
select and direct the working forces in accordance with the requirements
determined by management; to create, modify or discontinue job
classification; to establish and change work schedules and assignments;
to transfer, promote, layoff, terminate or
otherwise relieve bargaining unit Employees from duty for lack of work or other legitimate reasons; to suspend, discharge or otherwise discipline said Employees for cause; and otherwise take such measures as management may determine to be necessary to the orderly, efficient and economical operation of the business.
13.8 Bargaining unit Employees shall be eligible to participate in the same health insurance plans and coverage as other employees at WICZ generally. The Company shall provide each Employee with the plan description booklet describing the insurance provided.
Beginning June 1, 1999 the Company will contribute the following
amounts toward group
health insurance coverage:
Single coverage - Full Coverage
Family coverage - $300.00/month (for employees hired before6/1/99)
For employees hired after 6/1/99 or not enrolled as of 6/1/99, the company will pay the full cost for single coverage, the employee will be responsible for the difference in cost between the two plans.
The Employee shall be responsible for any premiums in excess of the above amounts for Family coverage except that such employee contributions shall be limited to $80.00 per month for family coverage for employees currently enroled in the plan as of 6/1/99 for the life of the contract. Any additional costs will be paid by the company for these employees.
13.9 Sick Leave
Effective the first day of the contract year the full-time and temporary Employees will be allowed the following amounts of sick leave:
Length of Employment Number of Days (8 or 10 hours)
90 days - 3 years 4 per contract year
3 years and up 10 per contract year
Carryover from year to year is not allowed. However, any employee who has accumulated more than the amount allowed above, that employee will be allowed to remain at their level until such time as it is reduced to the above levels.
A full-time or temporary Employee who is at the 90-day or less
level may borrow a sick day from potential accrued days. If, however,
this employee leaves prior to accumulating the number of sick
days borrowed, the value of those days will be deducted from the
Employee's final check.
(2) The Company may require reasonable evidence of any illness or injury. If an Employee is required to be examined by a company-designated physician, it shall be on paid Company time and at Company expense.
(3) Sick Leave/Disability Coordination. If an Employee does not have five (5) sick days available, a full-time or temporary Employee will be granted such additional sick leave days as are necessary to cover the 5-day waiting period prior to being eligible for New York State Disability benefits. An Employee must apply for New York State Disability. Upon confirmation that the claim has been properly processed and approved, the Company will supplement the amount paid as disability so that the Employee will not suffer any loss of regular wages.
The Company will provide assistance whenever necessary to help expedite any full-time and temporary Employee claim and payment of same.
Supplemental payments from Company shall be paid to affected Employees as follows:
Years of Employment Weeks of Payment
0 - 10 Thirteen (13)
Over 10 Twenty-six (26)
Supplemental pay shall be the monetary difference between the State awarded compensation payment to the Employee's Wage Scale at the time each State compensation payment is mailed to said Employee.
The "Weeks of Payment" schedule shall commence with the first State of New York compensation payment to the Employee in question, and continue through the maximum of thirteen (13) or twenty-six (26) weeks agreed to by the Company.
Further, the Company agrees that there shall be no lapse of wage payments because of any waiting period, or uncovered time, during which a claim is being processed.
13.10 The Company may utilize unmanned operations (as, for example, with studio cameras, audio controls, etc.) a long as such use does not create a safety hazard, cause a layoff or cause a reduction in regularly scheduled hours for bargaining unit employees. In the event of a layoff in news, the Station agrees to meet and confer in good faith regarding the impact of unmanned operations on the layoff.
13.11 When any full-time, part-time, or temporary Employee
receives a written reprimand from the Company, additional copies
will be provided by the Company to said Employee's Steward and
the local Union President within three (3) days of the written
13.12 In the event material (e.g., programming concepts) and/or equipment created and/or produced for the Company by a Union represented Employee is sold, licensed for use, or otherwise used in any media outside the Binghamton market, the Employee involved shall be entitled to receive compensation in an amount to be negotiated individually between the Employee and the Company. The Union shall be notified of the amount of such compensation. The Section applies only to materials or equipment created by an Employee on his/her own time and does not apply to material or equipment created on Company paid time or through the use of Company equipment or facilities.
13.13 If an Employee is assigned to remote broadcast crew which originates a network broadcast, he will be paid the applicable network rate for the time involved.
13.14 Employees required by law to serve as jurors shall (upon proof given to the Company of such service rendered), be paid their straight time hourly rate for the time they are required to be absent from their scheduled workday. The Employee shall release the compensation check received for jury duty to the Company.
13.15 It is agreed that effective June 1, 1992 WICZ-TV's bargaining unit employees with over 1 year seniority with the station will be eligible to participate in the Stainless Broadcasting LLP Retirement Savings Plan (401(k) plan). The plan document will be controlling as to all matters covered thereby. Bargaining unit employees shall be eligible to participate in the same plan as non-bargaining unit employees, as that plan may be amended from time to time.
13.16 Time spent in court will be considered as time worked by any newspaper or other affected Employee who is under subpoena commanding the Employee to appear in court as a witness to a news story the employee was assigned to cover for WICZ-TV. Such Employee will be paid the difference between the fee received for such service and the amount of straight time earnings lost by reason of such service.
13.17 In computing any eligibility under the Family and Medical Leave Act, the relevant 12-month period shall be the 12-month period preceding any requested leave (i.e., whether and to what extent the Employee has taken such leave in the preceding 12 months).
ARTICLE XIV - MEAL PERIOD
14.0 It is acknowledged by the parties that management shall continue to have the management right to assign appropriate lunch breaks, and further, when a full-time, part-time, or temporary Employee has such a break, it may be taken on or off the premises of the employer.
ARTICLE XV - LAYOFFS
15.0 In the event of a layoff, it will be accomplished by classification
units. For the purpose of this Agreement, classification units
shall be understood to be (1) News, (2) Engineering, and (3) Production.
(1) For Employees whose seniority dates are May 1, 1990 or later, any layoff will be accomplished by job description within classification units. For such Employees, when the Company determines that the workforce of a particular job description is to be reduced, this reduction will be accomplished in inverse order of seniority. All temporary and part-time Employees in the job description shall be laid off before any full-time Employees. Should there be need for further reductions, a full-time Employee may be changed to part-time status as a result of reduced available work. In such cases, he/she shall have the option of accepting the reduced hours or a layoff.
(2) All Employees in a classification unit whose seniority date is May 1, 1990 or later and all temporary and part-time Employees in a classification unit shall be laid off before any full-time Employee in the classification unit whose seniority date is April 30, 1990 or earlier.
(3) The following procedure will be applied to accomplish a layoff of Employees whose seniority dates are April 30, 1990 or earlier: The least senior Employee in a classification unit will be the first to go if the remaining Employees in the classification unit are qualified to perform the remaining jobs. If not, the second Employee from the bottom of the list will be the first to go under the same conditions. Such procedure will continue until the above conditions have been met.
(4) In the event of a layoff of full-time Employees the Employee must be given two week's notice or two weeks' pay in lieu thereof plus accrued vacation pay.
(5) Recalls shall be accomplished in the same manner as the layoff, with the exception of the most senior Employee laid off shall be the first to be recalled.
In addition, the Company shall grant each such laid off Employee a service letter on the effective date of his layoff. If within the succeeding eighteen (10) months after such a layoff. If within the succeeding eighteen (18) months after such a layoff, a vacancy occurs in the Staff or Employees, the laid off Employee shall be given first preference in filling such vacancy provided, however, any laid off Employee shall not have been so disabled or injured after leaving the Company's employ as to be incapable of performing technician work.
If the laid off Employee refuses full-time re-employment on the first call, he shall be deemed to have relinquished his right to such re-employment. Any laid off Employee shall notify the Company of any change of address during his layoff period. The Company will notify an Employee of their recall to employment by certified mail at the most recent address provided to the Company by the Employee.
15.1 For the purpose of this Contract, a layoff shall be defined as a reduction in the working force, due to the elimination of the need of a full-time Employee's service. A discharge shall be defined as a dismissal for action or failure to act on the part of any full-time, part-time, or temporary Employee, when such action or inaction or events leading to such action or inaction are under the reasonable control of the Employee.
15.2 The Company shall have the right to discharge, discipline, or suspend without pay, a full-time, part-time, or temporary Employee for cause. Cause shall include dishonesty, drunkenness, intoxication, recurrent absenteeism and/or tardiness, possession of liquor or illegal drugs on the premises, molestation of others on the premises, insubordination, destruction of Company property and failure to comply with the regulations of the FCC as they apply to technical operations and routine. However, the specific causes herein shall not be deemed to exclude other reasonable causes. A full-time, part-time and temporary Employee shall receive written notice of his discharge, and reason therefore, with a copy of the written notice being forwarded at the same time to the Washington office of the Union via registered mail.
15.3 Upon either layoff or discharge for reasons other than dishonesty, drunkenness, insubordination, or participating in an unauthorized strike or work stoppage, a full-time Employee shall receive cash severance pay in a lump sum equal to one (1) week's pay for every completed year of service or major fraction thereof with the Company and not to exceed twenty-five (25) weeks severance pay. Such pay shall be computed at the highest rate of weekly salary received by said Employee during the service with the Company.
15.4 The severance pay provided in Paragraph 15.3 will become payable when the Union does not initiate a timely grievance under Article XII of this Agreement in which case the discharge becomes final no longer subject to grievance under Article XII of this Contract; or when the discharge is upheld by an arbitrator. Those discharged need not be reinstated pending final outcome of his case. The arbitrator shall have the discretion whether and in what amount any award shall include back pay, considering all relevant factors including attempts at mitigating damages, but shall deduct from any award interim earnings by or compensation to Employee.
15.5 In the event any full-time, part-time, or temporary Employee is discharged and believes that he had been discharged without just cause, he or the Union shall have the right to have his case processed through the grievance procedure, including arbitration, as outlined in Article XII.
15.6 There shall be no strikes, boycotts, picketing, slow downs,
or any other interference with business or production engaged
in or participated in by the Union or its members during the term
of this Agreement, or during any arbitration procedures. The Union
will not authorize, ratify or condone any strike activity or any
other activity described above not authorized or ratified by the
Union, the Union and its officers, agents and representatives
will make good faith efforts to end such activity. Any or all
full-time, part-time, and temporary Employees participating in
such activity shall be subject to disciplinary measures, including
discharge, and any such disciplinary measures, including discharge,
imposed on said Employee(s) shall be subject to grievance and
arbitration procedures under this Agreement.
15.7 Any full-time or temporary Employee who desires to leave the Company shall give two (2) weeks' notice. Employees voluntarily terminating their employment shall not be paid accrued time upon their departure unless they work the full period of the two-week notice.
15.8 JOB DESCRIPTIONS:
Production Technician: The primary duties shall be to assist in the producing or commercial and promotional spots.
Master Control Technician: The primary duties shall consist of, but not be limited to, the operation, maintenance, repair, installation, and disassembly of all technical equipment used in the broadcast operation as well as Program Commercial reception and distribution.
Anchor: The primary duties of an anchor are to write, produce and anchor the news, weather and sports.
Reporter: The primary duties of a reporter are to gather news, write news and present news stories for on-air use.
Videographer: The primary duties of a director are to technically direct the newscast including the use of the switcher, still-store, DVE and remote control of tape machines.
Audio/CG Operation: The primary duties of an audio/cg operator are to operate the audio board for news functions and operate the Character Generator.
Managing Editor: The primary duties of the managing editor are to help coordinate the daily newsroom activity and oversee the operation.
Producer: The primary duties of a producer are to produce the news as such term is used in broadcast operations.
Meteorologist: The primary duties of the meteorologist are to interpret raw weather data, prepare forecasts and weather information for on-air delivery.
It is understood that the above defined duties are primary and are not intended to be all inclusive.
ARTICLE XVI - TERM OF AGREEMENT
16.0 This Agreement shall become effective on the first (1st)
day of June, 1999, and shall remain in effect until and including
the 31st day of December, 2004, and from year to year thereafter
unless changed or terminated in the manner hereinafter provided
for. Either party desiring to change or terminate this Agreement
shall notify the other party in writing at least sixty (60) days
prior to the 31st day of December, 2004, or any succeeding year
16.1 The provisions of this Agreement shall be binding upon the Company, its successors, lessees and assigns. It is the parties' intent that this Agreement will remain effective for its full term, regardless of any change in ownership.
16.2 If any provision of this Agreement is in conflict with any Federal or State laws, it shall become inoperative but all other provisions of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF STAINLESS BROADCASTING COMPANY and the NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIAN-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, have caused this Agreement to be duly executed on their behalf by their respective officers, hereunto duly authorized, on and as of the day and year aforesaid.
NATIONAL ASSOCIATION OF STAINLESS BROADCASTING
BROADCAST EMPLOYEES AND COMPANY d/b/a as WICZ-TV
WORKERS OF AMERICA
John Clark, Sector President John Leet, General Manager
William Murray Brian Brady
Staff Representative President & CEO
Northwest Broadcasting, Inc.
Parent Company of Stainless
President Local 26
To: Stainless Broadcasting Company
Binghamton, New York
I hereby authorize Stainless Broadcasting Company LLP to deduct commencing as of ___________________ any for the payroll periods since the previous deduction, each pay period from my earnings, a sum equal to one and two-thirds percent (1-2/3%) of my total earnings, including all overtime and penalty payments, on account of membership dues in NABET-CWA. The sums thus to be deducted are hereby assigned to me NABET-CWA and are to be remitted by Stainless Broadcasting Company to the National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO.
I hereby authorize Stainless Broadcasting to deduct initiation fees in the following amounts: ten dollars ($10.00) per pay period for part-time Employees, and twenty dollars ($20.00) per pay period for full-time Employees until the total amount is paid in full. The current Local 26 initiation fee is one hundred dollars ($100.00).
This authorization and assignment will continue in full force and effect for yearly periods beyond the irrevocable period set forth above and each subsequent period shall be similarly irrevocable unless revoked by me within the period of ten (10) days prior to the tenth day preceding the expiration of any irrevocable period hereof. Such revocation shall be effected by written notice by Registered Mail to the Company and Union within such ten (10) day period.
Upon written notification from the Union to the Company, the percentage factor may be changed as needed to reflect deductions relative to union dues. The Union will also supply written notification to the Company in the event of a change in initiation fees.
We wished to confirm several incidental, transitional or interpretive understandings reached during the course of negotiations on our new collective bargaining agreement (or the previous agreement). Those understandings are as follows:
1. The Company and Union agree to participate in periodic scheduled meetings to discuss actual or potential problems regarding production, programming or technical aspects of the station's business.
Employees and management will agree month to month on the next meeting date.
2. The Company agrees to follow the following procedures for news stories and taped commercials sent outside the Binghamton market.
(1) Taped news stories are usually exchanged with stations outside the Binghamton market on a no-charge basis. If the Company charges a fee for a news story that a bargaining unit employee(s) shoots video for, appears on the video, voices audio or performs all these functions, the Company will inform the bargaining unit employee(s) and Union of said fee. The Company will negotiate with the bargaining unit employee(s) to set a fee that will be paid for their services.
(2) All taped commercials that a bargaining unit employee(s) appears on either the video, audio or both portions of the taped commercials sent outside the Binghamton market the Company agrees to inform the bargaining unit employee(s) and Union of this above event. The Company will negotiate with the bargaining unit employee(s) to set a fee that will be paid for their services on taped commercials which go outside the Binghamton market.
(3) The Company will inform the Union on the amount of fee paid to the bargaining unit employee(s) for either (a) or (b).
3. ART. XIII, SEC. 13.9 (a)
Employees who had accumulated more sick days as of June 1st,
1999 then provided for
in Section 13.9, may continue to carry forward those days until they are used. Once the employee uses those days, they will come under the maximum day provisions of Section 13.9 of the Contract.
The following is a list of employees who continue to carry forward such days:
NAME # DAYS
Bill Kelly 1
Edward Bulat 3
John Ziller 5
4. With respect to new hires (i.e., less than one year of service as of June 1, 1995) at the applicable minimum rate, such employees shall receive not less than a three percent (3%) increase after three (3) months, and an additional three percent (3%) increase on his/her one year anniversary. Increases thereafter shall be on his/her anniversary date.
5. The station agrees to continue its past practice of permitting Union officers to take time off (at Union expense) for Union business. This has involved one or two such officers for one or two days per year. The station agrees to consider other reasonable requests for other similar time off for other employees. Maximum notice shall be provided (generally not less than thirty days). Absences shall not interfere with station operations.
6. The parties agree that the station may continue to enter into individual agreements with on-air talent. As long as the individual and station agree on severance in excess of what is called for in the collective bargaining agreement, it is agreed that the station and individual may agree on the applicable grounds for termination, notice period and amount of severance.
7. The parties agree that since the contract is a minimum and
the Company may pay more, the Company may set hire rates as long
as the Employee gets at least what the contract calls for, and
the Employee and Union know when next wage increase (and minimum
8. Performance Evaluations- It is agreed this form (attached
to the back of this contract) is for the purpose of communication
between the Manager and Employee and cannot be used for disciplinary
purposes to supersede the collective bargaining agreement.
NATIONAL ASSOCIATION OF BROADCAST STAINLESS BROADCASTING
EMPLOYEES AND TECHNICIANS- COMPANY d/b/a WICZ-TV
COMMUNICATIONS WORKERS OF
John Clark, Sector President John Leet, General Manager
William Murray Brian Brady
Staff Representative President & CEO
Northwest Broadcasting, Inc.
Parent Company of Stainless
President Local 26