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:
(1) Military Service
(2) Union Furlough
(3) Sickness
(4) Disability
(5) Vacation
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.
(1) 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.
(2) The probationary period for Part-Time Employees shall be one hundred eighty (180) working days under
the same conditions as above.
(3) 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.
(2) 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.
(1) Comp-Time may be given in lieu 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 lieu 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.
(1) No one Part-Time Employee may work more than thirty (30) hours in any one (1) workweek.
(2) All Part-Time Employees will be credited with one (1) day’s seniority for every (2) days worked
for the Company.
(3) 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.
(4) 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.
(5) 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.
(6) 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. For
employees who work a ten hour day a minimum of ten (10) 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.
(b) When a Full-Time and 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 or 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)
(1) Employees who work less than 200 days shall have their vacation entitlement determined on pro-rata
basis.
(2) 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 or Temporary Employees:
(1) 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.
(2) 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.
(3) The deadline for vacation requests will be January 31 of
each contract year. Any vacation time that remains not allotted will be assigned by management.
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.
Revised Subsection 4.2 (a)
The final schedule of vacations shall be posted by February 15th 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 head at least 20
days in advance for approval. Requests for a change in vacation after September 1 of each contract year will be
subject to management approval. One Full-Time or Temporary Employee is 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 (3) 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.
(1) 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.
(2) 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.
(3) 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 or Temporary Employee’s
day off, he will be given eight hours pay.
(2) On holidays as stated in Section 4.3(a), when management determines that no work is required, a Full-Time
or 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
1/1/05 1/1/06 1/1/07 1/1/08
1/1/09
Minimum Rate $8.00/hr for life
of agreement
Maximum Rate $15.40/hr $15.87/hr $16.34/hr $16.83/hr $17.33/hr
Full-Time
Master Control operators shall be paid an additional $2000 per year in addition to the rates set forth in this agreement.
This will eliminate the Bonus pool sideletter. The $2000 will be paid in four quarterly payments per contract year. The bonus
will be
eliminated if the company is required to hire a sixth full-time master control operator
All
regular Full-Time Technicians and Announcers making less than the maximum rate per hour shall receive not less than a three
percent (3%) increase each year of this Agreement.
(b)
Part-Time Technicians and Announcers
The minimum rate for Part-Time Technicians and Announcers shall not be less than
1/1/05 1/1/06 1/1/07 1/1/08
1/1/09
Minimum Rate 6.25
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.
(3) 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
-
