1
EXHIBIT 10.25
COLLECTIVE BARGAINING AGREEMENT
between
STC Broadcasting Inc.
(for Station WROC - TV)
Company
and
AMERICAN FEDERATION OF TELEVISION AND
RADIO ARTISTS (AFL-CIO)
Union
Effective March 3, 1997 through March 2, 1999
2
AFTRA/WROC-TV 1997 AGREEMENT
TABLE OF CONTENTS
Page
----
PREAMBLE....................................................................... 1
SECTION 1-- RECOGNITION...................................................... 1
1.1 ................................................................. 1
1.2 Supervisors of Producers-Directors............................... 1
1.3 Supervisors of Staff Artists..................................... 1
1.4 Management Appearances........................................... 2
1.5 Applicability.................................................... 2
SECTION 2 -- AFTRA MEMBERSHIP................................................. 2
2.1 Union Security................................................... 2
2.2 ................................................................. 3
2.3 Acceptance into AFTRA Membership................................. 3
2.4 ................................................................. 3
2.5 Notification of Non-Membership................................... 3
2.6 Checkoff......................................................... 3
2.7 Indemnification.................................................. 4
2.8 Union Representatives............................................ 4
SECTION 3 -- STRIKES AND PICKETING............................................ 4
3.1 ................................................................. 4
3.2 ................................................................. 4
SECTION 4 -- MINIMUM TERMS & CONDITIONS....................................... 5
4.1 ................................................................. 5
4.2 ................................................................. 5
SECTION 5 -- GRIEVANCE & ARBITRATION.......................................... 5
5.1 Grievance Procedure.............................................. 5
5.2 Arbitration...................................................... 6
5.3 Survival of Grievances........................................... 6
5.4 Right of Visitation.............................................. 7
SECTION 6 -- LEAVE OF ABSENCE................................................. 7
6.1 Military Leave................................................... 7
6.2 Pregnancy Leave.................................................. 7
SECTION 7 -- WAIVERS.......................................................... 7
7.1 ................................................................. 7
7.2 ................................................................. 7
7.3 ................................................................. 8
SECTION 8 -- MANAGEMENT RIGHTS................................................ 8
8.1 ................................................................. 8
3
SECTION 9 -- APPLICATION OF FEES.............................................. 8
9.1 ................................................................. 8
9.2 Exclusions....................................................... 8
9.3 Commercials...................................................... 9
9.4 Network Programming.............................................. 9
9.5 ................................................................. 9
9.6 Prerecorded Broadcasts........................................... 9
9.7 Further Exclusions............................................... 9
SECTION 10 -- SPECIAL TELEVISION PROVISIONS.................................... 10
10.1 Use of Videotape for Reference, File Audition, Trailer,
Promotional, and Out-of-City Purposes............................ 10
10.2 Unfair Provisions................................................ 10
10.3 ..................................................................10
10.4 Incidental Rehearsal..............................................10
10.5 Wardrobe Provision................................................11
SECTION 11 -- TELEVISION FEES.................................................. 11
11.1 ................................................................. 11
11.2 ................................................................. 11
11.3 ................................................................. 11
11.4 ................................................................. 11
SECTION 12 -- ASSIGNMENTS...................................................... 11
12.1 Interchangeability............................................... 11
12.2 Staff Artists' Assignments....................................... 12
12.3 Producer-Director Assignments.................................... 12
SECTION 13 -- STAFF WAGES...................................................... 13
13.1................................................................... 13
13.2 Definitions...................................................... 14
* Anchorperson.................................................. 14
* Specialty Announcer........................................... 14
* Producer-Director............................................. 14
* Announcer-Reporter............................................ 14
* Associate Director............................................ 15
SECTION 14 -- HOURS OF WORK, SPECIAL PROVISIONS, MEAL PERIOD,
TRANSPORTATION, ETC............................................. 15
14.1 Hours of Work.................................................... 15
14.2 Special Provisions Covering
(1) Part-time or Trainee Employees............................... 16
(ii)............................................................. 17
14.3 Length of Staff Stretch.......................................... 17
14.4 Meal Periods..................................................... 17
14.5 Rest Between Staff Stretches..................................... 17
14.6 Transportation................................................... 17
14.7 Travel Time...................................................... 18
14.8 Bureaus.......................................................... 18
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14.9 Sick Leave....................................................... 18
14.10 Vacations and Holidays........................................... 18
14.11 Termination of Employment........................................ 19
14.12 Safety........................................................... 22
14.13 Assignments and Competitive Auditions............................ 22
14.14 Pay for Auditions and Performance on Programs.................... 22
14.15 Duties........................................................... 22
14.16 Other Services................................................... 23
14.17 Schedule Changes................................................. 23
14.18 Insurance and Other Benefit Programs............................. 24
14.19 Bereavement Pay.................................................. 24
SECTION 15 -- EQUAL OPPORTUNITY................................................ 24
15.1................................................................... 24
SECTION 16 -- CONFORMANCE WITH LAW............................................. 24
16.1................................................................... 24
SECTION 17 -- PERSONAL SERVICE CONTRACTS....................................... 25
SECTION 18 -- MINIMUM COMPLEMENT............................................... 26
SECTION 19 -- TERM OF AGREEMENT................................................ 26
19.1................................................................... 26
19.2................................................................... 26
19.3................................................................... 26
SIDE AGREEMENT................................................................. 28
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PREAMBLE
Agreement made as of the third day of March, 1997 by and between the
AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS (A.F.L.-C.I.O.), having its
principal office at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000,xxx its
ROCHESTER-LOCAL, party of the first part (hereinafter referred to as "AFTRA"),
bargaining representative for performing artists (talent) and producers, and
STC BROADCASTING INC. - Channel 8, party of the second part (hereinafter called
"Station" or "Company"), owning and operating station of WROC-TV having its
principal office at 000 Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx 00000 (hereinafter
referred to as the "Station").
In consideration of the covenants and agreements herein contained, it is
agreed as follows:
SECTION 1 - RECOGNITION
1.1 The Company recognizes AFTRA as the exclusive collective bargaining
representative for all persons who appear physically or vocally before
the microphone or camera who are or hereafter will be employed by the
Company at the Station during the life of this Agreement (all such
persons being hereinafter referred to collectively as "Artists"); and
for all television producers who are or hereafter will be employed by
the Company at the Station during the life of this Agreement (all such
persons being hereinafter referred to collectively as "Producers-
Directors"), but excluding accounting, clerical, technical, sales,
maintenance, and confidential employees, and guards and supervisors as
defined by the National Labor Relations Act (hereinafter referred to as
"Act") as amended.
1.2 Supervisors of Producer-Directors. Any supervisor who works as a
television Producer-Director who spends more than twenty hours per work
week, or more than fifty percent (50%) of his work time on production,
shall be deemed to be a staff Producer-Director and subject to all terms
and conditions of this Agreement relating to staff Producers. In any
event, no supervisor shall act as a staff Producer-Director except to
replace a regular staff Producer-Director who is absent due to: illness,
vacation, leave of absence, failure of assigned Producer-Director to
appear for duty for any reason, in case of other emergencies; or except
if such work is performed by a supervisory production manager or program
manager. For the purposes of the last stated exception the parties
agree: (1) the Company shall designate and advise the Union which one of
the employees in these two classifications shall perform such work and
such designation shall not be changed except upon one week's notice; (2)
such work shall be limited to a maximum of fifteen (15) hours per week
or until the end of a non-regularly scheduled program which has begun
during these hours, e.g. an election or a disaster; 3) this exception
shall not be used in a manner to directly cause the layoff of a
bargaining unit Producer-Director.
1.3 Supervisors of Staff Artists. Any supervisor who works as a staff
Artist who spends more than twenty (20) hours per workweek, or more than
fifty percent (50%) of his work time on announcing shall be deemed to
be a staff Artist and subject to all terms and conditions of this
Agreement relating to staff Artists. In any event no supervisor
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
shall act as a staff Artist except to replace a regular staff Artist who
is absent due to: illness, vacation, leave of absence, failure of
assigned Artist to appear for duty for any reason, in case of other
emergencies, or except if such work is performed by a supervisory news
director.
1.4 Management Appearances. Any member of the management or ownership of
the Company, may appear on any of the Company's facilities at any time
under the following provisions:
(a) Such member of management may appear without staff Artist present
to do programs in the nature of station editorials.
(b) Emergencies and conditions including Acts of God and other
situations which are provided in section 1 and Section 12,
paragraph 2(a).
1.5 Applicability. The provisions of this Agreement shall be applicable to
said Rochester, New York facility of the Company.
SECTION 2 - AFTRA MEMBERSHIP
2.1 Union Security. All Artists and Producer-Directors (except otherwise
herein provided) now or hereafter employed by the Company during the
life of this Agreement shall, not later than 31 days following the
beginning of such employment or the effective date of this Agreement,
whichever is later, be or become members of AFTRA during the life of
this Agreement as a condition of continued employment. Any person who
appears with regularity on any program of the Station and who performs
on such program duties which could normally be performed by an Artist
(in his respective category) shall be or become a member of AFTRA
subject to the conditions and limitations contained in the Act, as
amended, except that the provisions of this paragraph shall not apply
to:
(a) Professional Appearances. Persons who appear on a single
broadcast or series of special broadcasts encompassed in a period
of less than 30 days; or experts and professionals, such as
clergymen, physicians and lawyers, speaking on subjects limited
to and pertaining to their own fields, provided that they do not
perform the functions of commercial announcers; or public figures
appearing as such public figures without remuneration on programs
of a public service or significant public interest nature; or
public figures appearing as moderator on panel discussion
programs, involving other public members, in which the subject is
of public nature; a travelling representative of a company
appearing as demonstrator for a certain product or products and
employed by the company whose product or products he is
demonstrating for a 30 day period; and occasional nonprofessional
guests, such as local leaders, civic leaders and housewives.
(b) Interns. Interns who work at the Station as part of their school
curriculum provided: (1) no more than three (3) interns may
appear in any month; (2) no
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
individual intern may appear more than (3) times during his/her
internship; and (3) no more than three (3) interns may be engaged
in performing bargaining unit work at any time. If an intern is
dispatched with instructions to ask questions, it will be
considered an appearance.
(c) Advertisers. Any bona fide, full time employee of an advertiser
using the Company's facilities may perform the services of a
commercial announcer, including lead-ins, introductions,
closings, and similar functions incidental thereto on an
occasional program sponsored by his employer.
2.2 It is understood and agreed that Artists employed by the Company shall
not be required to appear on any program of the Station with any person
who is required to be a member of AFTRA hereunder and who fails to
obtain such membership, unless AFTRA by written waiver shall consent to
such failure to become a member of AFTRA; provided that this shall apply
only with respect to persons whose failure to obtain membership is based
on their not having tendered their initiation fees and periodic dues.
2.3 Acceptance into AFTRA Membership. AFTRA agrees to accept as a member
any Artist, Producer-Director or person covered by paragraph 2.1 of this
Agreement that the Company wishes to employ or use, subject to the
imposition of terms and penalties in the case of members suspended or
expelled by AFTRA. AFTRA further agrees that such membership will be
available to any Artist or person on the same terms and conditions
generally applicable to other members, that it will not impose
unreasonable entrance fees, dues or assessments, nor will it impose dues
and initiation fees or penalties or other conditions not uniformly
required as a condition of acquiring or retaining membership. In the
event AFTRA should refuse membership to an Artist or person the Station
wishes to employ or use, such refusal shall not affect the privilege of
the Station to employ or use such Artist or person, so long as such
Artist or person tenders initiation fees and periodic dues, and shall
not excuse other members of AFTRA from appearing on a program with such
Artist or person.
2.4 The provisions of Sections 1 and 2 of this Agreement shall apply with
equal force and effect to any Artist engaged or employed at the Station
whether hired directly or indirectly by the Company on behalf of itself
or its sponsors, advertising agencies, independent contractors, or
outside producers using the facilities of the Station; provided,
however, that this paragraph in no way establishes a liability or
responsibility for the Company to investigate the AFTRA membership of
any person appearing live or on film, videotape, or transcription
produced by others than the Company.
2.5 Notification of Non-Membership. In order to aid in the enforcement of
this Article, the Station should give notice to the Rochester Local of
all new hires in the unit within 30 days of hire. Upon notification in
writing by AFTRA, the Company will terminate, within ten (10) days, any
person covered by this Agreement who fails to maintain AFTRA membership
requirements as permitted under the Act, as amended.
2.6 Checkoff. The Company will deduct Union dues from the first (lst) pay
period in
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
each month for each new employee joining the Union following completion
of his initial thirty-one (31) day period and present Union member
employees who complete, in duplicate, a lawful application authorizing
monthly deduction of Union dues.
2.7 Indemnification. The Union shall indemnify and save the Company
harmless against any and all claims, demands, suits, or other forms of
liability that shall arise out of or by the reason of action taken or
not taken by the Station for the purpose of complying with any of the
provisions of this Section or in reliance on any list, notice, or
assignment furnished under any such provisions.
2.8 Union Representatives. The Company agrees that only the following
persons and no others shall be deemed to be agents of AFTRA for the
purpose of administering this Agreement:
National Executive Director
National Representative, or
Rochester AFTRA Local Executive Director
and such other persons as may hereafter be designated by AFTRA by
written notice delivered to the Company. The Rochester AFTRA local
shall from time to time furnish the Stations' management with a list
showing the names of the officers of the local Union and the Union
representation (shop xxxxxxx) at the Station. There shall be no more
than one shop xxxxxxx and one assistant shop xxxxxxx to fill in when the
xxxxxxx is absent, representing AFTRA employees.
SECTION 3 - STRIKES AND PICKETING
3.1 During the term of this Agreement AFTRA guarantees on behalf of itself
and each of its members that there will be no strike of any kind,
boycott, picketing, work stoppage, or any other type of organized
interference, coercive or otherwise, with the Company's operations.
3.2 In the event of any strike, boycott, picketing, work stoppage, or any
other type of interferences with the Company's operations which is not
authorized by AFTRA, the Company agrees that there shall be no liability
on the part of National or Local AFTRA or any of their officers or
agents, provided that in the event of such unauthorized action AFTRA
first meets all the following conditions:
(a) AFTRA shall declare publicly that such action is unauthorized.
(b) AFTRA shall promptly order its members to return to work or to
cease such unauthorized action, notwithstanding the existence of
any picket line.
(c) AFTRA shall not question the unqualified right of the Company to
discipline or discharge employees engaging in, participating in
or encouraging such unauthorized action after AFTRA has taken the
action in (a) and (b) above. It
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
is understood that such disciplinary action or discharge by the
Company shall be final and binding upon AFTRA and its members and
shall in no case be construed as a violation by the Company of
any provision of this Agreement, provided that an issue of fact
as to whether or not any particular employee has engaged in,
participated in, or encouraged any such violation may be subject
to the arbitration provisions of Section 5 hereof.
(d) During a strike by any other labor organization no AFTRA member
shall be assigned to, or requested to, perform any of the duties
normally performed by the striking employees.
SECTION 4 - MINIMUM TERMS AND CONDITIONS
4.1 The Company agrees that the minimum terms and conditions governing the
employment of Artists and Producer-Directors of the Station are those
contained in this Agreement and the Company agrees that it will not
enter into any contract with, or employ any staff Artist upon terms and
conditions less favorable to the Artist or Producer-Director than those
set forth in this Agreement. The parties agree that at no time shall
any duty owed by AFTRA's members to the Company require such member to
work for less than such minimum terms and conditions and the Company
agrees that it will not require any AFTRA member to work for less than
the said minimum wages. No refusal to work for less than the said
minimum terms and conditions, whether or not directed by AFTRA, shall
constitute a breach of this Agreement by AFTRA, or a breach of any
individual member's contract. Such refusal to work shall not be deemed
a termination of this Agreement and this Agreement shall nevertheless
remain in full force and effect, and the dispute settled according to
Section 5 of said Agreement.
4.2 The minimums established by the Agreement shall be net to the Artist,
except for withholdings or deductions which are required by law, and
voluntary deductions for hospitalization, insurance, Relief-Association
plans, Union dues and such other deductions as may be agreed to by
AFTRA.
SECTION 5 - GRIEVANCE & ARBITRATION
5.1 Grievance Procedure. Subject to Section 9(a) of the Labor Management
Relations Act of 1947, should any difference or dispute arise between
the Company and the Union as to the interpretation or application of the
provisions of this Agreement, there shall be no suspension of work,
stoppage, slowdown or lockout on account of such differences or
disputes, but an xxxxxxx and good faith effort shall be made by the
parties to settle such differences or disputes immediately in the
following manner:
(a) STEP ONE: The Shop Xxxxxxx shall discuss any differences or
disputes orally with the Department Head within fifteen (15)
days after the occurrence which gave rise to the difference or
dispute. If the difference or dispute cannot be
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
settled to the satisfaction of the parties within ten (10) days
after it was first discussed as above, it shall, within fifteen
(15) days after first discussed as above, be reduced to writing
and submitted to Step Two.
(b) STEP TWO: The written grievance will be submitted to the Station
General Manager or a designated representative. The Station
General Manager and the Union Executive Director or their
designated representatives shall meet promptly to discuss and
settle such grievance. If such grievance cannot be settled it
may be submitted to arbitration by the Union or the Company under
the provisions of Paragraph 5.2 of this Section. Such referral
of any grievance from this Step Two to arbitration shall be in
writing and within a thirty (30) day time limit from date of
written grievance, unless the time limit is extended by mutual
agreement in writing.
(c) Any specific grievance not filed or appealed within the specified
time limits of Steps One and Two, shall be deemed to have been
foreclosed and not subject to further consideration. Such
foreclosures shall not establish precedent for future cases for
either party.
5.2 Arbitration. The Union or the Company shall have the right to refer to
an impartial Arbitrator any differences which have not been
satisfactorily adjusted by means of the Steps established in Paragraph
5.1 of this Section, and within the time limits specified.
(a) When the services of an impartial Arbitrator are required, the
Arbitrator shall be chosen from a list or lists to be submitted
by the American Arbitration Association. The decision of the
Arbitrator so chosen shall be final and binding on the parties.
The Arbitrator shall have no right to add to, subtract from,
alter, or in any way modify the terms and conditions of this
Agreement, nor to issue an award of back pay or any other damages
retroactive to a date more than sixty (60) days prior to the date
the grievance referred to herein was filed.
(b) The compensation and expenses, under the rules of the American
Arbitration Association (AAA), of the impartial Arbitrator shall
be shared equally by the Company and the Union. Each party shall
be responsible for payment of its own witnesses.
(c) No more than one (1) grievance shall be submitted to an
Arbitrator for determination at one time unless a mutual written
agreement of the parties is obtained for the submission of
multiple grievances to the same Arbitrator. Grievances of a
similar nature on the same subject may be combined for one
arbitration.
5.3 Survival of Grievances. If the Company or AFTRA or any AFTRA member
feels aggrieved by any act, omission, neglect, misfeasance, malfeasance
or nonfeasance which has taken place in whole or in part during the term
of this Agreement, the provisions of Sections 5.1 and 5.2 shall survive
the termination of this Agreement for
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1997 AFTRA/WROC-TV AGREEMENT (cont.)
a period of thirty (30) days and shall constitute the sole and exclusive
remedy therefor.
5.4 Right of Visitation. Any duly authorized representatives of AFTRA shall
be admitted to the premises of the Station at any reasonable time for
the purpose of determining the maintenance of salaries, fees, and other
conditions agreed to hereby, provided that any such representative shall
notify the applicable General Manager or his management representative
prior to said visit and comply with all rules and regulations of the
Company while on its premises. Not more than two (2) AFTRA
representatives will be admitted at each visit. Visits shall not
include the right to inspect Company's official records.
SECTION 6 - LEAVE OF ABSENCE.
6.1 Military Leave. Artists or Producer-Directors who have heretofore or
may hereafter enter the armed services of the United States of America
shall be entitled to all the protection and benefits afforded by any
laws effective in relation thereto, and this Agreement shall be deemed
subject to the provisions of any such law.
All staff Artists and Producer-Directors (other than those employed on a
temporary basis) submitting proof of having been called for military
service, will be granted a leave of absence for the duration of such
service. This Section shall not apply to Artists or Producer-Directors
who voluntarily enter military service.
Such employees who have not taken a vacation which has been earned will
be paid for the earned vacation.
6.2 Pregnancy Leave. Leave of absence for pregnancy shall be covered by
applicable law.
SECTION 7 - WAIVERS
7.1 Waivers or releases of any of the provisions of this Agreement shall be
null and void as far as any AFTRA member is concerned, unless AFTRA's
prior approval is first had and obtained, except as hereinafter
provided.
7.2 AFTRA agrees to waive the provisions of this Agreement with respect to
programs, and persons employed as Artists, in each and all of the
following cases:
(a) Bona fide amateurs employed in accordance with the present custom
of the industry, on a bona fide amateur program, or amateur
episodes or sketches in another program where the amateur nature
of the performance is clearly indicated.
(b) Singing groups, such as glee clubs, choirs, or choruses of
philanthropic, civic, nonprofit, education or religious
organizations.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
(c) Persons employed because of a reputation acquired in fields
other than those covered by the Associated Actors and Artists
of America.
(d) Programs of religious, charitable, educational or civic
nature, produced by nonprofit organizations, and not requiring
the services of professional actors and singers.
(e) Foreign language programs featuring ethnic folk art and
information of interest to their respective communities.
(f) Bona fide employees of advertisers as described in Section
2.1.
(g) Interns as described in Section 2.1.
7.3 The waivers set forth in sub-paragraphs (a) through (g) shall not be
used by the Company in a manner calculated to evade the object of this
Agreement or to reduce the employment of AFTRA artists.
SECTION 8 - MANAGEMENT RIGHTS
8. 1 The Company, except as explicitly abridged by any provision of this
Agreement, 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 redetermine, the number, location,
and type of its operation and location, and the methods, processes,
and materials to be employed, to introduce new and improved methods;
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 be necessary to the orderly,
efficient, and economical operation of the business, such measures to
be administered without discrimination against any employee.
Management reserves the right to maintain and require methods of
record keeping.
SECTION 9 - APPLICATION OF FEES
9.1 Application of fees shall be paid in accordance with the schedules and
conditions described under Sections 11 and 13, respectively.
9.2 Exclusions. There shall be no fees due and paid to Artists and/or
Producer-Directors for work performed:
(a) During the broadcast of live programs and/or announcements,
commercial or sustaining, when such broadcasts are scheduled
coincident with employees' scheduled hours of work except as
limited by this Agreement.
(b) During the recording of programs and/or commercial
announcements when such recording is scheduled coincident
with employees' scheduled hours of
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
work. This shall not preclude payment of fees to Artists for
recorded commercial programs and/or commercial announcements
scheduled for more than one repeat broadcast except as limited
by this Agreement.
(c) During the live presentation or recording of public service
and/or public affairs type programs and announcements
coincident with employees' scheduled hours of work, fees will
not be paid for multiple broadcasts of such programs and/or
announcements.
(d) During the live presentation of Station's promotion
announcements coincident with employees' scheduled hours of
work, fees will not be paid for multiple broadcasts of such
announcements on local stations. This shall include Station
Identification Announcements.
9.3 Commercials. Non-staff Artists who have been specifically selected
and chosen by an advertiser to perform live or recorded commercial
programs and/or announcements will be compensated in accordance with
Sections 11 and 13 hereof.
9.4 Network Programming. Any network programming originating at the
Station shall be paid in conformity with applicable AFTRA code.
9.5 When video stories are sold to a network or cable system, the
artist(s) involved in that story are entitled to a minimum of 1/3 of
the payment. When the station is not paid for the story, the artist
is not entitled to any payment. If a newscast is simulcast or
replayed on a cable system or a network and the station does not
receive cash compensation, the artists are not entitled to any extra
fee or payments. If the station is to be given cash compensation, the
artist(s) and the station shall negotiate appropriate talent fees.
9.6 Prerecorded Broadcasts. All fees, or other applicable compensation
set forth herein, shall be payable whether the broadcast is live,
film, videotape or otherwise prerecorded or prepared in advance of the
actual time of the broadcast. This applies with equal force and
effect to programs, dramatized commercials, or other broadcast
inserts, except as clearly and explicitly abridged by this Agreement.
9.7 Further Exclusions. Artists performing announcements provided in
exchange for merchandise or services (generally referred to as
reciprocal barter agreements) used solely in connection with Station's
audience development, program, business or personality promotions in
the form of prize awards or remembrance advertising, shall not be
entitled to fees.
Promotion announcements, whether or not they include sponsorship
mention are not to be considered as commercials and no fee shall be
payable thereon. For purposes of this Agreement, promotion
announcements shall be defined as those announcements, for which no
revenue is derived by the Company, which are offered to sponsors of
commercials programs, or featurettes in the form of "program plus" or
"cross plugs" as an incentive for sale; announcements in connection
with joint station-client promotions wherein client provides
merchandise or services in
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
exchange for attendant publicity, and station receives no actual
revenue therefrom; it being understood, however, that if cash
expenditures are involved on the part of the client, that fees shall
be paid on the basis of announcements and/or programs covered by such
cash expenditures in accordance with normal published advertising
rates. The Company agrees not to alter basic rate structures for the
primary purpose of avoiding payment of fees.
SECTION 10 - SPECIAL TELEVISION PROVISIONS
10.1 Use of Videotape for Reference, File Audition, Trailer, Promotional,
and Out-of-City Purposes.
Videotape recordings of live local programs and excerpts therefrom may
be used only under the following conditions, in no other way and for
no other purposes:
(a) Videotape recordings and excerpts therefrom may be used for
reference and private audition for prospective sponsors and
their agencies.
(b) Excerpts from videotape recordings of not more than one minute
in length may be used on television and in theaters for
trailer and promotional purposes.
(c) Any videotape programs or commercials recorded at WROC-TV
directly by WROC-TV for use on any television station(s)
outside the city of Rochester, New York shall be governed by
the applicable AFTRA Code provided, however, that WROC-TV
shall not be responsible or liable for the enforcement of said
Code.
10.2 Unfair Provisions. Station agrees that it has notice that this
Agreement represents the minimum terms and working conditions for
Artists and Producer-Directors employed at the Station. Anyone
representing the Station engaging employees in these fields who
breaches or violates conditions of the Agreement may be regarded as
unfair and employees covered by this Agreement may be instructed not
to work for anyone who is unfair. This paragraph is a statement by
the Company that it has notice of the facts stated in this paragraph,
and goes no further.
10.3 Anyone representing the Station who engages employees covered by this
Agreement who is declared to be unfair by any branch of the Associated
Actors and Artists of America, upon action taken by the 4 A.s or
AFTRA, may be declared unfair by AFTRA and Artists may be instructed
not to work for any such person. Employees may not be required to
take direction from anyone who has been declared unfair under this
provision.
10.4 Incidental Rehearsal. Any time, authorized by the Company, spent by
an employee in obtaining wardrobe, or wigs, or fittings therefor, and
time authorized by the Company spent on makeup or wardrobe for the
rehearsal or performance shall be considered as rehearsal or staff
stretch time.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
10.5 Wardrobe Provision. The Station agrees to provide or compensate any
Artist for any special clothing or costume required by the Station for
their work.
SECTION 11 - TELEVISION FEES
11.1 Staff Artists will be paid in accordance with the schedule below, as
appropriate, for recorded audio and videotape commercial
announcements.
COMMERCIAL TAPING FEES:
Length of Commercial
Announcement/Announcements 13 Week Unlimited Use
------------------------------- ----------------------------
Voice Only On Camera
---------- ---------
10 seconds or less $ 6.45 $16.00
11-60 seconds $16.00 $50.00
61-120 seconds $20.00 $55.00
Tags any length - unlimited use $ 2.70
11.2 Fees are effective on the first broadcast date and are paid to the
Artists the first (lst) day after the end of the standard broadcast
month billing date.
11.3 Artists and/or Producer-Directors performing commercial announcements
or tags live in shift during emergency situations will not be entitled
to fees.
11.4 All multi-station and multi-city commercials will be made and paid for
in compliance with applicable AFTRA national and/or local code for
Artists, except as otherwise agreed to by the Station and AFTRA.
Producer/Directors will be paid $15.00 for producing/directing
commercial announcements airing on other stations effective with the
first broadcast date only. No staff Artist or Producer-Director will
be required to produce or perform on multi-city commercials, made by
parties other than WROC-TV.
SECTION 12 - ASSIGNMENTS
12.1 Interchangeability. At the discretion of management, Artists may be
assigned to perform services normally rendered by Producer-Directors
and Producer-Directors may be assigned to perform services normally
rendered by Artists subject to the applicable terms and conditions of
the Agreement for the respective category. However, in no event shall
any Artist or Producer-Director perform the services of both Artist
and Producer-Director simultaneously in the same broadcast.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
12.2 Staff Artists' Assignment.
(a) Except in cases of emergency or as provided in Section 12.1
and Sections 1 and 2, only staff Artists shall perform the
regular duties of staff Artists, provided that supervisors may
continue to perform on programs on which they have been
assigned thereto on the basis of an agency or advertiser
audition or upon specific request of the agency or advertiser
or where a program(s) has been specifically built for use of
his particular talents, but a supervisor shall not perform as
a substitute during overtime.
(b) Nonstaff Artists may be assigned to any program(s) in the
discretion of the Station, subject to the following
conditions:
That whenever a nonstaff Artist, other than the news director,
is used on a television broadcast, except foreign language
programs and play-by-play descriptions of sporting events, a
staff Artist shall also be assigned to such broadcast, with
requisite salary, overtime, and/or fee payments; said fee
payments to be based on the category in staff Artists' fee
schedule in which the performance by the nonstaff Artist
falls.
(c) The Company agrees that it will not use the
"Interchangeability" clauses in this contract, or in the
absence of clauses requiring specific number of Artists and/or
Producer-Directors to be assigned at any time, for the purpose
of staff reduction.
(d) Wherever feasible and practicable, assignments shall be made
on the basis of advertiser or agency request. It is
definitely understood, however, that under no circumstances
shall any Artists at any time solicit any advertiser or agency
to select him or her for specific announcements or program(s)
without the prior knowledge and permission of Station's
Management.
12.3 Producer-Director Assignments.
(a) Except in cases of emergency or as provided in Paragraphs 1.2,
1.3 and 12.1, only staff or supervisory Producer-Directors
shall perform the regular duties of staff Producer-Directors.
(b) The Station shall assign a staff or supervisory
Producer-Director to each local live camera television
broadcast and at least on Producer-Director shall be on duty
at all times that the Station is broadcasting local live
camera television programs or originating a network broadcast,
except that the Station shall have the exclusive right to
determine whether or not a Producer-Director need be assigned
to live programs or announcements scheduled prior to 6:00 P.M.
or until the end of a non-regularly scheduled program which
has begun before 6:00 P.M., e.g., an election or a disaster,
and after 11:30 P.M.
(c) The Station shall have the absolute right to assign any staff
Producer-Director to any particular broadcast, make whatever
changes in assignments as it
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
deems proper from time to time, except that every effort will
be made to make such assignment on an equitable basis within
the limits of the Station's overall production requirements.
(d) Wherever feasible and practicable, assignments shall be made
on the basis of advertiser or agency request. It is
definitely understood, however, that under no circumstance
shall any Producer-Director, at any time, solicit any
advertiser or agency to select him or her for specific
announcement(s) or program(s) without the prior knowledge and
permission of Station Management.
SECTION 13 - STAFF WAGES
13.1 (a) The Company agrees to pay each Staff Artist and
Producer-Director the following minimum wages for hours worked
in the category assigned by management:
Category
ANCHOR PERSON $597/wk.
(5:00 pm, 6:00 pm
and 11:00 pm Mon-Fri)
PRODUCER-DIRECTOR $520/wk.
ALL OTHER ANCHORS, $515/wk.
REPORTERS AND SPECIALTY
ANNOUNCERS
ASSOCIATE DIRECTOR $410/wk.
(b) The initial wage rate provided in this Section shall be paid
even though the employee is serving as a probationary employee
in accordance with Section 14.11.
(c) All employees who are at or above scale shall receive annual
increases of 3% on contract anniversary dates. All Staff
Artists whose hire anniversary date fell between 5/31/96 and
unit ratification and who did not receive an increase on the
hire anniversary date shall receive their increase retroactive
to the hire anniversary date. No employee shall have his/her
salary reduced because of the new scale. The annual raises
above shall not apply to artists employed under personal
services contracts. Their annual increases and dates of
implementation will be governed by the terms of their
individual contracts; however, for employees with personal
services contracts scale shall be considered to be minimum
scale plus all percentage increases that would have been
required pursuant to the collective bargaining agreement
during the period of their employment.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
(d) The rates set forth in this Agreement are minimum rates and
nothing herein shall prohibit the Station and any individual
employee from entering into a personal services contract
providing wages, terms and benefits more favorable to the
employee than those contained herein.
(e) Anchorpersons will receive a program fee of $23.15 per
newscast, 5:00 p.m. to signoff, for newscasts of not less than
thirty (30) minutes nor more than forty-five (45) minutes, and
$38.34 per program for newscasts of more than forty-five (45)
minutes.
(f) Specialty announcers will receive a program fee of $11.63 per
newscast, 5:00 p.m. to signoff, for newscasts of not less than
thirty (30) minutes nor more than forty-five (45) minutes.
(g) Any artist performing a program of not less than thirty (30)
minutes nor more than forty-five (45) minutes in length
scheduled in the broadcast day part, sign on to 5:00 p.m.,
will be paid $7.74.
(h) Any artist performing a program of less than thirty (30)
minutes but more than three (3) minutes in length will be paid
$5.04 per program.
(i) Any artist substituting for another shall receive the
applicable program fee at the substitute's regular rate of
pay. If no fee is applicable, the artist will receive the
higher rate of pay.
13.2 Definitions.
ANCHORPERSON: Primary duties include, but are not limited to,
performance of at least one on-camera news program of at least thirty
(30) minutes at length, per day, Monday through Friday, within the
broad daypart of 5 P.M. to sign-off, and preparation of the material
as assigned, for such program(s).
SPECIALTY ANNOUNCER: Primary duties include, but are not necessarily
limited to, presentation of specialized program(s), including, but not
limited to, sports information, weather forecasts and reports,
business news, consumer reports and information, farm reports and
information, and entertainment industry critiques, on camera during
regularly scheduled newscasts as assigned by the Station, Monday
through Friday, within the broad daypart of 5 P.M. to sign-off, and
preparation of material as assigned for such programs.
PRODUCER-DIRECTOR: Primary duties are to provide the service(s) of
Producer-Director of any program or production, commercial, sustaining
or public affairs type assigned by the Station during scheduled
stretch.
ANNOUNCER-REPORTER: Duties include, but are not limited to, such
services as may be necessary for the program and production
requirements of the Station, including but not limited to,
researching, gathering, writing, rewriting or editing, and/or
reporting news on film, tape or live and transmitting such reports via
phone
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
lines and/or microwave, two-way radios or direct broadcast and
interviewing persons by such means; operation of journalism equipment;
reporting on-the-air in or out of the studio by tape or live in the
case of late breaking story(s), panel shows, interviews or as a second
newscaster when a principal newscaster or news Anchorperson is
present; maintenance of records; announcing television programs of all
types; making live or tape station identification announcements, time
signals, weather reports, station sign-on and sign-off, program
opening, bridges, closings, commercial, promotional and public service
announcements; assignment Monday through Friday as a substitute and/or
replacement for an Anchorperson, Specialty Announcer or other artist
who is absent due to illness, vacation, leave of absence, failure of
assigned Anchorperson, Specialty Announcer or Artist to appear for any
reason, or in case of emergency; weekend news anchoring, weekend news
specialty announcing, program hosting or anchoring of regularly
scheduled programs, and other related duties as may be assigned, and
such other services as the programs requirements necessitate.
ASSOCIATE DIRECTOR
(a) If the Company has any associate directors, the minimum
complement (Section 18) must include 3 full-time directors,
and Associate Directors do not count toward director
complement;
(b) As long as the Company employs more than 3 full-time
Producers-Directors, the Company may employ two Associate
Directors in full or part-time capacities, one of whom may
direct alone before 12:00 noon;
(c) An employee cannot be employed as an Associate Director if
that employee directs alone for longer than one year;
(d) No full-time Director-Producer may be moved involuntarily to
Associate Director; and
(e) An Associate Director may not work on a show that airs after
12:00 noon, except if qualified in the judgement of station
management to substitute for an absent director due to
unforeseen circumstances. If, due to unforeseen circumstances,
an Associate Director works on a show that airs after 12:00
noon, the Associate Director shall be paid as a
Producer-Director at his/her applicable minimum Producer-
Director pay.
SECTION 14 - HOURS OF WORK, SPECIAL PROVISIONS, MEAL PERIOD, TRANSPORTATION,
ETC,
14.1 Hours of Work.
(a) The workweek of staff Artists shall consist of forty (40)
hours in five (5) workdays, with each workday to consist of
not more than nine (9) consecutive hours, including one (1)
hour for meal time; provided, however, that the
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
Company may require the rendition of services for more than
forty (40) hours or more than five (5) days or for more than
eight (8) hours per workday, subject to the payment of
overtime as hereinafter provided. The regularly scheduled
workweek shall begin at 3:01 A.M. on Monday and shall consist
of seven consecutive days ending 3:00 A.M. the following
Monday. Days off shall be scheduled consecutively, but not
necessarily within the same work week.
(b) Overtime at the rate of one and one-half (1-1/2) times the
regular rate of pay shall be paid for assigned or scheduled
hours worked in excess of eight (8) hours per day or forty
(40) hours in the workweek. Premium pay shall also be paid
for work during the ten (10) hour rest between shifts. Duties
performed on the sixth (6th) consecutive day of work shall be
at the rate of 1-1/2 times the regular rate of pay. A minimum
assignment of two (2) hours will be provided for employees
called back to staff work on the employee's scheduled workday.
A minimum assignment of four (4) hours will be provided for
employees called back to staff work on the day the employee is
scheduled to be off. However, in the event overtime hours are
contiguous to the staff stretch, overtime payments shall be
for the hours actually worked, but in no event for units less
than 15 minutes.
(c) Overtime at the rate of two (2) times the regular rate of pay
shall be paid for all hours worked in excess of twelve (12)
during the workday. Duties performed on the seventh (7th)
consecutive day of work shall be at the rate of two (2) times
the regular rate of pay. Staff artists who work between the
hours of 1:30 A.M. and 5:00 A.M. shall be paid for such time
at the rate of two (2) times their regular rate of pay. The
rates in this paragraph apply except as modified by other
provisions for this Section.
(d) Payment of overtime rates shall not be duplicated for the same
hours worked, but the higher of the applicable rates shall be
used to prevent pyramiding. Premiums do not apply when with
Management's consent, scheduling is for an employee's own
convenience. Sixth and seventh consecutive day overtime
payments are exempt during two scheduled changes per 12 month
period beginning June 1 of any year per employee for the
convenience or requirement of the Station.
14.2 (i) Special Provisions Covering Part-time or Trainee Employees. The
Company may employ part-time artists and Producer-Directors, who may
perform any of the duties of Artists or Producer-Directors. The
minimum call in for part-time employees shall be four (4) hours. The
maximum hours for each employee shall be eight (8) hours per day and
twenty-four (24) hours per week. Wages earned shall be at the
applicable rate times the number of hours worked. Part-time employees
shall not be eligible for the benefits provided under Section 14.8 or
14.17. They shall receive pro rata benefits under Section 14.9. The
number of part-time compared to full-time Producer-Directors employed
shall not exceed 1 to 3, 2 to 6, 3 to 8, 4 to 12. The number of
part-time compared to full-time Artists (specialty announcers and
announcer reporters as a group) employed shall not exceed 1 to 3, 2 to
6, 3 to 8, 4
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
to 12. An additional two (2) part-time Artists may be added between
May 15 and September 30 solely for the purpose of replacing staff
Artists on vacation. The latter part-time Artists shall not replace
the absent staff Artists, but will perform the duties of whichever
staff Artists replaces the absent staff Artist.
14.2 (ii) Notwithstanding the provisions of this Section 14.2, the Station
may employ individuals to perform voice-over or other voice
announcements in connection with public service announcements or
advertisements produced by the Station on a freelance basis. There
shall be no minimum hours for either daily or weekly services required
of such announcers. The announcers shall receive an amount not less
than the entry level hourly rate for an announcer. The Station agrees
to use its best efforts to utilize the services of members of AFTRA on
a freelance basis under this provision and AFTRA agrees to use its
best efforts in assisting in the identification of recruitment of such
talent. In the event the Station requires the services of a
particular voice or a particular type of voice, and AFTRA is unable to
adequately provide such talent, the Station shall be free to recruit
individuals not members of AFTRA and such individuals shall not
automatically be subject to the provisions of the union's security
premium of the contract.
14.3 Length of Staff Stretch. The number of hours worked in any day by any
employee shall consist of the number of hours worked intervening
between the beginning of his/her assignment to perform staff duties on
each of the days during that particular week of which such workweek is
part, and the conclusion of his/her last assignment to perform staff
duties on each of said days, excluding one (1) hour for meals when
assigned, such period being referred to as the "staff stretch."
14.4 Meal Periods. The Company may assign a meal period of not more than
one (1) hour in each full working day. Meal periods so assigned and
permitted shall be excluded in the computation of elapsed time of the
staff stretch. No meal period shall be scheduled on any day
consisting of less than five (5) elapsed hours, but the Company agrees
to allow a meal period on any day consisting of five (5) hours or
more. The said meal period shall not be scheduled within the first
two (2) hours or the last two (2) hours of the staff stretch, except
when emergencies or other extraordinary program requirements make the
same necessary. If a meal period is scheduled during the first two
(2) or the last two (2) hours of a staff stretch, as defined above,
one (1) hour straight time shall be paid, but such payment shall not
be considered as additional time worked for the purpose of determining
overtime for the day and/or week.
14.5 Rest Between Staff Stretches. The first staff assignment of any
employee on any day begins no sooner than ten (10) hours after the
conclusion of his/her last staff assignment on the preceding day,
provided, however, that the requirements shall not apply in the event
of emergencies, special event programs, or other extraordinary program
requirements, but in all such cases, the overtime pay provisions of
this Agreement, where applicable, shall govern.
14.6 Transportation. The Company agrees to provide appropriate
transportation to employees required to travel and to allow them money
sufficient to cover expenses.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
Where employees, with the consent of the Company, use their own car in
connection with such traveling, they shall receive not less than
twenty and one-half (20-1/2) cents per mile for the expense of
operating their car, but in any event they shall be paid a minimum
travel expense of one dollar and fifty cents ($1.50) per day.
The Company agrees that it will not require any employee to use their
automobile without their consent.
14.7 Travel Time. Employees shall be credited with the following time
allowances:
(a) When sent out of the city on an assignment which requires
him/her to remain away overnight, he/she shall be credited
with not less than one eight (8) hour shift for each and every
day he/she is away on such assignment. All time spent in
traveling up to eight (8) hours in any one day exclusive of
the time from midnight to 8:00 A.M. when sleeping
accommodations are furnished shall be considered as time
worked.
(b) When sent out of the Station's premises on an assignment which
requires him/her to return to the point from which he/she
started on the same workday, he/she shall be credited with the
total elapsed time spent on such assignment.
14.8 Bureaus. For purposes of Sections 14.6 and 14.7, an employee regularly
assigned to a Bureau which is within 35 miles of the Station's
transmitter shall be deemed to be employed at the Bureau.
14.9 Sick Leave. Full time employees will be reimbursed at their regular
wage rate for absences totaling up to ten (10) scheduled work days in
any employment year when the absence is due to illness. If an employee
is absent due to illness beyond four (4) working days in an employment
year, the Company reserves the right to request of the employee a
signed doctor's statement. If requested, the doctor may be selected by
the Station. His/her fee, to the extent that it is not covered by
insurance, will be paid for by the Station. Such a statement, if
requested, will be required before any wage payments for the absentee
period are made. Each employee may take three (3) personal days in
lieu of three (3) of the ten sick days provided above with six (6)
days' prior notice to the Station. The Station may decline to grant
such a personal day off if the employee has already taken one (1)
during a rating period or if another employee has already been granted
permission to take a personal day off on the day requested. These
limitations will not apply in the event of a personal emergency, such
as a death in the employee's immediate family. Each employee may
accumulate and "bank" up to a total of fifteen (15) days of unused
sick leave. Such fifteen (15) days of accumulated sick leave may be
built over a period of years but in no event shall more than fifteen
(15) days be carried forward from one year to the next. The Bank may
be used only for extended illness, after the employee's current year
entitlement is exhausted and will be paid for only on medical proof.
New employees will not earn nor receive sick leave during their
probationary periods.
14.10 Vacations and Holidays. Staff Artists or Producer-Directors with
continuous service
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
of six (6) months or more shall receive two (2) weeks vacation with
pay; staff Artists or Producer-Directors with continuous service of
one (1) year or more shall receive three (3) weeks vacation with pay;
staff Artists with continuous service of five (5) years or more shall
receive four (4) weeks vacation with pay; staff Artists and
Producer-Directors with continuous service of fifteen (15) years or
more shall receive five (5) weeks vacation with pay. Part-time
employees who have worked at least 750 hours in the preceding year
shall be eligible for vacation benefits consistent with their years of
continuous service based upon their normal work week. The weeks of
paid vacation paid to part-time employees shall be calculated on the
basis of their average weekly pay in the preceding year.
In consideration of the vacation, provided herein, no staff Artist or
Producer-Director who works on holidays, Sundays or evenings shall
receive extra pay, compensation or other benefits for such work.
Seniority shall govern in assignment of vacation schedules. Vacations
will be taken in one (1) week periods except with prior Company
approval for other arrangements. The final right to schedule vacations
is retained by the Company to assure the orderly operation of the
business.
The Company will allow artists to take up to five days vacation or
personal days during the two week period preceding November, February
and May ratings periods.
Staff Artists entitled to two (2) weeks vacation shall take such
vacation during the six (6) month period following their entitlement.
Such staff Artist, upon attaining service of one (1) year, shall be
entitled to one (1) week vacation during the next six (6) months and
two (2) weeks during the ensuing six (6) months. Thereafter, vacation
entitlement shall be taken on a calendar year basis.
Staff Artists shall accumulate vacation entitlement during the time
worked for calculation of termination, lay off or other separation
benefits as set forth in this Agreement based on the following
formula:
Vacation Entitlement Accrual
-------------------- -------
2 weeks 0.83 day per month worked
3 weeks 1.25 days per month worked
4 weeks 1.66 days per month worked
5 weeks 2.08 days per month worked
14.11 Termination of Employment.
(a) 1. The Company agrees not to terminate employment in
violation of the Act nor to terminate employment
except for just cause as, insubordination,
misconduct, incompetence, nonqualification or for the
purpose of reemploying an employee (on leave of
absence) upon his/her separation from the armed
services of the United States of America, in
accordance with the UMT Act.
2. When the termination is because of insubordination or
misconduct, the Company need give no notice or
termination pay. When the
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
termination is because of incompetence or
non-qualification, the Company shall give the
affected employee four (4) weeks written notice or
two (2) weeks termination pay.
3. In addition, when termination is because of
nonqualification, an employee so separated is paid
severance pay in accordance with the provisions of
subparagraph e.
4. An employee shall give the Company two (2) weeks
written notice of his/her intent to terminate his/her
employment with the Company.
(b) For the purposes of Paragraph 14.11, nonqualification is
deemed to mean: That the Artist's or Producer-Director's
professional performance is generally such that it
significantly limits his/her usefulness to the Company as
measured by either his/her past performance or by the
performance of other employees having similar responsibilities
or by the then current requirements of taste, talent, style,
and fashion as established by sponsors, advertising agencies,
listener or viewer preference or programming demands. In the
application of this cause for an employee's severance, Station
management shall be the interpreter of these standards and any
dispute over a severance shall not be subject to arbitration,
unless with regard to an employee with more than five (5)
years of service, management has failed within six (6) month
preceding the discharge to advise the employee of the
deficiency in his/her performance.
(c) No employee whose employment is terminated because of
insubordination or misconduct shall be entitled to any
vacation or vacation pay beyond that actually earned prior to
time of termination of such employment. Employees whose
employment is terminated for any other reason, or who are laid
off, shall receive earned vacation or vacation pay, if any, at
the time of such termination.
(d) Where the Company desires to lay off employees for seasonal
inactivity, business decline or similar causes, or for
purposes of reemployment of a former employee upon his/her
discharge from the armed services of the United States of
America, it shall give to any employee so laid off four (4)
weeks' written notice or four (4) weeks' termination pay. Such
layoffs shall be on the basis of seniority, with consideration
for ability. An employee so laid off shall have preference in
reemployment.
(e) Severance pay shall be paid to employees terminated for
nonqualification as provided in Paragraph 14(a) pursuant to
the following terms and conditions:
1. The amount of severance pay shall be two (2) times
present base wages per week for each year of
continuous employment with the Station, up to a
maximum of fourteen (14) weeks' base pay.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
2. "Continuous employment" means the number of years
from the last date of hire computed from the date of
hire to the closest anniversary of said date. There
shall be excluded from this computation time spent on
leave of absence for any reason including military.
Date of hire is the actual date of hire, subject to
the provisions of Section 1 and 2.
3. Base wages per week is the actual amount paid to the
employee just before notice of severance for
nonqualification, exclusive of fees and any other
extra compensation.
4. Severance payments hereunder shall in no way affect
the employee's rights to unemployment insurance
benefits, and such benefits shall not be set off
against, or be deducted from, the amount of severance
due the employee hereunder.
5. Federal and State withholding taxes shall be deducted
from the pay or payments as required by law.
6. There shall be deducted from the total severance pay
payable herein, any amounts owing to the Company by
the employee.
7. Severance pay shall be in addition to any payments in
lieu of vacation which the employee may have earned.
8. In the event of an employee's death between the time
he/she is notified of termination for
nonqualification and the time he/she receives all of
the severance pay due him/her, any balance due shall
be due to his/her estate.
9. When severance pay is complete, the Company shall
have no further obligation of any kind to the
employee and he/she shall forfeit all seniority
rights and any other privileges, rights, or benefits
to which he/she is or may be entitled, except those
which are specifically reserved. In the event he/she
is reemployed he/she shall be deemed a new hire. The
foregoing shall include a release signed by the
employee and AFTRA upon the employee's receipt of
severance pay, specifically waiving or withdrawing
any grievance under this Agreement.
10. In the event that a termination for nonqualification
is grieved through the grievance and arbitration
procedure
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
any monies payable hereunder or offered to be paid
hereunder shall be withheld until the final
arbitrator's award or withdrawal of the grievance.
(f) Paragraphs a, b, c and d of Section 14.11 are subject to
grievance and arbitration procedures except as set forth in
this Agreement.
The provisions of Section 14.11 shall not be applicable to an employee
during the first three (3) months of his/her employment (six (6)
months if mutually agreeable to the employee, the Station and local
unions) which period shall be deemed to be the employee's probationary
period. Termination of employment during the probationary period shall
be at the sole discretion of the Station without resort to the
grievance or arbitration procedure.
14.12 Safety. Without his consent, no Artist or Producer-Director shall be
required to perform duties not reasonably compatible with his vocation
or where there exists danger of bodily injuries or conditions
detrimental to health.
14.13 Assignments and Competitive Auditions. The sponsor or advertising
agency shall have the right to select such Artist or Artists as are
available. In the event a sponsor or advertising agency does not wish
to select an Artist, the Company will recommend that a competitive
audition be held. If the sponsor or agency refuses to make a selection
or to have an audition then Station management may assign an Artist to
the program or announcement in question. When requested by a sponsor
or advertising agency to submit a list of all staff Artists available
for any commercial program or announcement, the Company shall submit a
list of all staff Artists employed by it, other than those engaged for
programs or announcements advertising competitive products, or for a
program conflicting as to time, or those Artists under exclusive
contract(s) to another sponsor or advertising agency. A copy of each
such list shall be made available to all staff Artists. Competitive
auditions shall be held whenever requested by a sponsor or advertising
agency and prompt notice thereof given to all contestants. Only staff
Artists shall be permitted to compete in auditions.
14.14 Pay for Auditions and Performance on Programs. In case of auditions
outside staff stretch, for a commercial program or announcement, at
which the staff Artist appears at the specific request of the Company,
he shall be paid at his/her normal overtime rate.
14.15 Duties. Staff Artists shall render the following services which the
program requirements of the Company may necessitate:
(a) Keeping the program log and other required Company and/or FCC
documents.
(b) Performance of station identifications, time signals and all
other types of sustaining or commercial announcements;
performing. as talent on sustaining, commercial or
participating programs, preparing and performing on musical
programs, including selecting recordings and transcriptions
for their own
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
programs, delivering them to appropriate control rooms for
their own programs, and preparing schedule sheets for their
own use; delivering news and sports programs and other
regularly scheduled features, including gathering, editing and
writing such programs and features and performing on spot
announcements or personality features designed to promote
programs on which they are featured, for scheduling at the
Station's discretion.
Subject to other provisions of this Agreement, performance of
on-camera programs, regardless of length, as assigned by the
Station; services as may be necessary for the programming and
production requirements, including but not limited to,
gathering, preparation and/or delivery of any and all types of
material, prompter typewriting, operating journalism
equipment, maintaining written records, auditioning, public
appearances, rehearsing, monitoring, training other artists,
rewriting and editing material from outside sources such as
wire services, newspapers, public relations handouts, etc.;
determining the activity of film cameramen/soundmen, film
editors, videotape and audiotape editors and other involved
employees, operating as required, newsroom equipment;
assignment as a substitute as an Artist in any of the
categories as defined in Paragraph 13.2.
(c) Creative writing or original dramatic programs or general
continuity writing assignments, shall not be considered staff
duties, but may be performed by Artists subject to individual
negotiations with Company and/or sponsor. It is understood
that the preparation of material for these programs on which
specific Artists are themselves featured artists, or
preparation of material for promotion of these programs, does
not fall within the meaning of the preceding sentence.
(d) Personal appearance for Station's promotion purposes when
requested by the Company shall be considered part of the staff
Artist's duties. If within the staff Artist's stretch, the
Artist shall be paid only his expense. If on the Artist's day
off, the Artist shall be paid his expenses and minimum of four
(4) hours at overtime rates.
(e) Participating in Company auditions and giving voice auditions,
live or transcribed, for sales or promotion purposes.
14.16 Other Services. Acting or singing, personal appearances, writing,
producing, or other special services not covered by this Agreement
shall be the subject of individual bargaining between the Artist and
the Company. Prior Company approval must be obtained for all
appearances and performances by staff Artists, exclusive of services
rendered to Company Station.
14.17 Schedule Changes. The Company agrees not to change the schedule of any
staff Artist at the request of a sponsor to enable him to secure the
services of an Artist at a fee lower than that which would be paid had
such change not been made.
If the Company, in the case of an emergency or because of some
extraordinary
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
program requirements, requires a staff Artist to be absent from a
commercial program which nevertheless is broadcast, for which he
regularly receives a fee, the Company agrees to compensate the Artist
for any loss in fee which he may suffer as the result of the Company's
withdrawal of the Artist from such commercial program.
Hours of work shifts for the workweek shall be posted by noon of the
day five (5) days before the beginning of the workweek and shall not
be changed by the Station except to deal with events or matters that
become known to the Station following the time the schedule is
required to be posted.
14.18 Insurance and Other Benefit Programs. Staff Artists and
Producer-Directors shall receive all group benefits (excluding
supplemental executive benefits) provided to other employees of
WROC-TV on the same terms, including but not limited to the 401(k),
health, dental, vision and life insurance, short and long-term
disability and travel accident insurance.
14.19 Bereavement Pay. Employees will be paid up to three (3) days for death
and funerals in the immediate family. The immediate family shall
include: parents, step-parents, children, step-children, brother,
sister, spouse and mate living with employee. Employees will receive
one (1) day with pay to attend the funeral of grandparents,
mother-in-law, father-in-law, and grandchildren. Pay will be paid for
regular work days only up to and including the day of the funeral.
SECTION 15 - EQUAL OPPORTUNITY
15.1 The parties agree to continue their policy of equal opportunity for
all employees in employment, promotion, demotion, transfer, layoff,
recall and disciplinary action, which will be applied without regard
to race, creed, color, age, sex, or national origin, disability,
marital status, or sexual orientation, and the parties will administer
the provisions of this Agreement without discrimination. The parties
further agree to apply this Section to marital status and disability,
as those subjects are treated under New York State law. Whenever a
male or female pronoun is used in this Agreement, it shall be deemed
to apply equally to persons of both sexes.
SECTION 16 - CONFORMANCE WITH LAW
16.1 If there are any valid provisions of law applicable to this Agreement
which are in conflict herewith, the provisions of this Agreement which
conflict therewith shall be deemed modified in conformity with the
provisions of such applicable law. If any provision of this Agreement,
or the application of such provision to any person or circumstances,
shall be held invalid, the remainder of this Agreement, or other than
those as to which it is held invalid, shall not be affected thereby.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
SECTION 17 - PERSONAL SERVICE CONTRACTS
The Company may enter into individual Personal Services Contracts ("PSCs") for
terms of at least one year with employees earning at least 20% overscale. The
terms and conditions of the PSC shall not be less favorable to the affected
employees than the applicable terms and conditions set forth in this Agreement,
and said PSC terms and conditions shall not conflict with this Agreement.
However, the Company and individual may negotiate compensatory time off
cumulatively in lieu of overtime pay for hours worked in excess of 8 in a day
or on a day off at the same rate as this Agreement provides for overtime. The
Artist shall be permitted to use such compensatory time within 120 days of its
accrual. The parties may also negotiate alternate arrangements for anchors for
personal promotional appearances of the type covered in 14.15d. Each PSC shall
be negotiated solely and individually between the employee and the Company,
however, the employee shall have the right to consult with AFTRA and seek
outside counsel and advice. The Company shall give a copy of the then current
AFTRA Agreement to an individual when it first engages in PSC or over-scale
negotiations.
A copy of each PSC shall be sent to AFTRA within ten (10) days of the date of
signing by the employee and the Company.
The Company may enter into a covenant not to compete in the Rochester DMA for a
period not to exceed 12 months. The additional consideration therefor shall be
at least $2,000 payable at the expiration of the restriction period.
If, upon the expiration of an Artist's personal services contract (PSC), the
Company offers the Artist continued employment either under a PSC or without a
PSC at a salary less than the Artist's compensation under the expiring PSC, the
Artist may either accept or reject the offer. If the Artist accepts the offer,
he/she shall be vested with earned severance at the annual rate of pay prior to
the first day of the new salary. Future severance benefits will be based upon
the Artist's individual rate of pay at the time of termination, computed from
the beginning date of the new (lower) salary, and shall be added to the vested
severance amount. If the Artist rejects the offer, it shall be considered a
constructive discharge and severance shall be paid. The foregoing provisions
shall also apply to any proposed reduction in pay of an Artist without a PSC.
The severance formula set forth in this Agreement shall not prohibit employees
from negotiating PSCs which have more favorable provisions for severance
compensation and notice regarding expiration and non-renewal. In no event,
however, shall severance be credited against or built into PSC salary.
Subjects not addressed directly in the main body of the AFTRA Agreement may be
included in PSCs, provided the PSC terms are not less favorable to the affected
employees than the terms of the AFTRA Agreement and do not conflict with the
AFTRA Agreement. For example, a PSC may provide for reimbursement of moving
expenses for a new employee moving to the area, notwithstanding that the main
body of the AFTRA Agreement does not provide for a relocation allowance. The
parties may negotiate penalty provisions (such as forfeitures of monies
advanced for moving expenses) when an employee unilaterally decides to leave
the Station during the term of the PSC; however, the employee may not
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
forfeit benefits required by the AFTRA Agreement.
The PSCs of Artists in effect on March 3, 1997 shall be retained as written
until they expire by their terms.
SECTION 18 - MINIMUM COMPLEMENT
The Station shall employ at least 18-full-time employees in the bargaining
unit.
SECTION 19 - TERM OF AGREEMENT
19.1 This Agreement shall be known as the 1997-1999 AFTRA-WROC MINIMUM
BASIC AGREEMENT FOR TELEVISION AND RADIO ARTISTS AND
PRODUCER-DIRECTORS. It shall become effective March 3, 1997 and shall
continue in effect through sign-off of the Station on the broadcast
day commencing March 2, 1999 and thereafter it shall automatically
continue in full force and effect for two years from unit ratification
unless terminated by either party giving the other at least sixty (60)
days' written notice, by certified mail, prior to March 2, 1999 or any
annual termination date thereafter.
19.2 The Company warrants that it operates the Station. The parties agree
that if the Company should transfer or assign the operation of the
Station to any third party or parties during the term of this
Agreement as a result of any action of any governmental agency
immediately affecting the Company's operation of the Station or in the
event of the involuntary transfer or assignment, the Company need not
require the transferee or assignee to assume the obligations of this
Agreement; and if the transferee does not assume such obligations,
AFTRA and its members shall be free of all obligations hereunder; but
all other cases of transfer or assignment of the Station shall require
the transferee or assignee to assume, for the benefit of AFTRA and its
members, the obligations of this Agreement.
19.3 The Company agrees that this Agreement is subject to approval by the
National Board of AFTRA and does not go into effect until
countersigned by the AFTRA National Executive Director.
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
IN WITNESS WHEREOF, this Agreement has been executed in behalf of the
parties thereto by their respective officers, thereunto duly authorized, on the
day of , 1997.
AMERICAN FEDERATION OF TELEVISION STC BROADCASTING, INC.
AND RADIO ARTISTS
By: /s/ JUNE K. BALLER 6/17/97 By: /s/ XXXX X. XXXXXXX
----------------------------- --------------------------------
By: By:
----------------------------- --------------------------------
By: By:
----------------------------- --------------------------------
APPROVED: AFTRA NATIONAL BOARD
By: /s/ XXXXX X. XXXX
-----------------------------
Date: 6/16/97
---------------------------
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
STC BROADCASTING, INC. d/b/a WROC TV 8
AND
AFTRA ROCHESTER LOCAL
SIDE AGREEMENT
The parties agree that the current recognition clause of the contract, Section
1.1, will remain the same, Section 1.2 is changed, but no other changes will be
made in either Section 1 or Section 12 of the collective bargaining agreement.
The parties agree to enter into a side letter agreement as follows:
Station photographers who are not part of the AFTRA bargaining
unit may gather news or sports stories by asking questions or
conducting interviews on tape. The voice of the photographer
may not be used nor shall the photographer appear on camera.
This side agreement will be considered violated, and the
contract will be considered violated, if the use of
photographers asking questions or conducting interview results
in the loss of any bargaining unit job.
The Employer may employ a part-time sports producer who will
be permitted to ask questions and gather information with
regard to sports stories only. The sports producer will be
required to join AFTRA, but Union minimum will be waived on
days that no AFTRA bargaining work is done. The part-time
sports producer will be paid at AFTRA rates, including all
applicable talent fees, on days that any AFTRA bargaining unit
work is performed.
The Employer may employ a field producer/part-time reporter
who will be able to ask questions and field produce news
stories for other AFTRANs. This field producer/part-time
reporter will join AFTRA, however, the AFTRA minimum will be
waived on days that no AFTRA bargaining unit work is done.
AFTRA rates will be paid, including all applicable fees, on
days that any AFTRA bargaining unit work is performed.
Any non-professional student may be used on a "kids news"
program produced by the Employer, for up to ten (10) weeks
each year without any requirement that any part of the
contract be applied to such student(s).
The Station shall be allowed to have its newscasts simulcast,
replayed or executed by radio stations. Artists may also be
required to file stories and present their stories for
broadcast by radio stations so long as such work is performed
during regular
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1997 AFTRA/WROC-TV AGREEMENT (CONT.)
work hours and at the Station. Artists would not receive extra
payments if the Station did not receive cash compensation. If
the Station is given cash compensation, the Artists and the
Station shall negotiate appropriate fees or payments.
AMERICAN FEDERATION OF TELEVISION STC BROADCASTING, INC.
AND RADIO ARTISTS
By: /s/ JUNE K. BALLER 6/17/97 By: /s/ XXXX X. XXXXXXX
----------------------------- --------------------------------
By: By:
----------------------------- --------------------------------
By: By:
----------------------------- --------------------------------
APPROVED: AFTRA NATIONAL BOARD
By: /s/ XXXXX X. XXXX
-----------------------------
Date: 6/16/97
---------------------------
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