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Exhibit 10.32
AMERICAN FEDERATION OF TELEVISION AND
RADIO ARTISTS (AFTRA)
and
WTOV-TV
January 29, 1999
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TABLE OF CONTENTS
AFTRA/WTOV-TV MINIMUM BASIC AGREEMENT FOR NEWSROOM EMPLOYEE - 1999-2002......................1
1. BARGAINING UNIT............................................................1
(a) Unit:.............................................................1
(b) Temporary Employees:..............................................1
(c) Probationary Period:..............................................2
2. REPRESENTATION.............................................................2
3. UNION SHOP.................................................................2
4. ADMISSION TO PREMISES......................................................2
5. MINIMUM TERMS: WAIVERS.....................................................3
6. DISCRIMINATION.............................................................3
7. MANAGEMENT RIGHTS/RULES REGULATIONS........................................3
Individual Agreements......................................................4
8. ARBITRATION................................................................5
9. NO STRIKE CLAUSE...........................................................6
10. SECONDARY STRIKE...........................................................6
11. GOVERNMENTAL REGULATIONS...................................................6
12. TERM OF AGREEMENT..........................................................7
13. TITLE OF AGREEMENT.........................................................7
14. WORK WEEK..................................................................7
15. OVERTIME...................................................................8
16. MEAL PERIOD................................................................8
17. REST BETWEEN STAFF STRETCHES..............................................8
18. STAFF DUTIES...............................................................9
Reporter:..................................................................9
Videographer:.............................................................10
Anchor/Reporter/Producer..................................................10
Weather and Sports Anchors:...............................................11
Producers.................................................................11
19. HAZARDOUS WORK AND ASSIGNMENTS............................................12
20. TRAVELING TIME AND EXPENSE................................................12
21. VACATIONS AND HOLIDAYS....................................................12
A. Vacations:.......................................................12
B. Holidays:........................................................13
22. TERMINATION OF EMPLOYMENT.................................................14
23. LAYOFFS...................................................................15
24. LEAVE OF ABSENCE..........................................................15
25. FAMILY AND MEDICAL LEAVE..................................................15
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26. RE-EMPLOYMENT AFTER MILITARY SERVICE......................................16
27. OUTSIDE EMPLOYMENT........................................................16
28. SICK LEAVE AND FUNERAL LEAVE..............................................16
29. JURY DUTY.................................................................17
30. HEALTH BENEFITS...........................................................17
31. DEFERRED INCOME PLAN......................................................18
32. SALARIES..................................................................18
MINIMUM WEEKLY ENTRY LEVEL SALARIES FOR NEW
EMPLOYEES (HIRED AFTER JANUARY 29, 1996)................................18
STORY FEES................................................................19
33. PART-TIME NEWSPERSONS.....................................................19
34. NOTIFICATION TO AFTRA.....................................................20
35. PERFORMANCE BY NONBARGAINING UNIT PERSONNEL...............................20
36. CHECK-OFF.................................................................20
37. TRANSFER OF OWNERSHIP.....................................................20
38. COMPLETE AGREEMENT........................................................21
39. LAWS OF OHIO..............................................................21
40. RATIFICATION..............................................................21
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AFTRA/WTOV-TV MINIMUM BASIC AGREEMENT
FOR NEWSROOM EMPLOYEE - 1999-2002
AGREEMENT made as of January 29, 1999, between AMERICAN FEDERATION OF
TELEVISION AND RADIO ARTISTS, and its PITTSBURGH LOCAL, a voluntary association
organized and existing under the State of New York and having its principal
offices at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (hereinafter called
"AFTRA"), and STC BROADCASTING CO. , owner of WTOV-TV, located in Steubenville,
Ohio (hereinafter called "COMPANY" or WTOV-TV).
In consideration of the covenants and agreements herein contained. it
is agreed as follows:
1. BARGAINING UNIT
(A) UNIT:
This Agreement applies to all full-time and regular part-time
newsroom employees now and hereinafter employed by the
Company at WTOV-TV (herein called "newspersons") excluding
all office clerical employees, interns, the assistant news
director/executive producer, the assignment editor/executive
producer, non-news professional employees, supervisors as
defined in the Labor Management Act, as amended, and all
other non-news employees. The Company warrants it is the sole
owner and operator of station WTOV-TV.
(B) TEMPORARY EMPLOYEES:
A temporary employee is one hired by the Company to
accommodate temporary openings resulting from promotions,
terminations, vacations, leaves of absence, extended
illnesses or significant or unexpected fluctuations in the
work load not to exceed ninety (90) days unless extended by
mutual agreement which consent shall not be reasonably
withheld. Temporary employees hired by the Company, who
subsequently are hired as regular employees within thirty
(30) days beyond the ninety (90) days shall accrue seniority
as of temporary hire. Temporary employees shall be covered by
all terms of this Agreement except for protection relating to
just cause for discipline or discharge, "fringe benefits",
i.e., medical insurance, sick-leave, vacation, etc. and shall
not be covered by the union shop provision until they become
employees. Temporary employees shall not be hired to
permanently replace regular full or part-time bargaining unit
employees and shall be laid-off before any regular seniority
employees in the same classification can be laid off.
Overtime will be offered to regular full-time and part-time
employees in the same classification before any temporaries.
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(C) PROBATIONARY PERIOD:
New employees shall work under the provision of this
Agreement but shall be employed on a trial basis for ninety
(90) days. This period may be extended by the mutual
agreement of the Company, AFTRA and the individual employee.
During the probationary period, the employee may be
terminated with or without cause and without recourse to the
grievance and arbitration machinery.
2. REPRESENTATION
AFTRA warrants, represents and agrees that it represents for
collective bargaining purposes, a majority of the newspersons employed
by the Company at WTOV-TV. Upon such warranties, representations and
agreements by AFTRA, the Company hereby recognizes AFTRA as the
exclusive collective bargaining agency.
3. UNION SHOP
(A) It is agreed that during the term of this Agreement, the
Company will employ and maintain in its employment, only such
newspersons covered by this Agreement as are members of AFTRA
in good standing or as shall make application for membership
not later than thirty (30) days after the date of hiring as
such, or the effective date of this Agreement, whichever is
later.
(B) The provisions of this paragraph shall be subject to the
Labor Management Relations Act, as amended.
(C) AFTRA agrees that it is and will continue to be an open union
and that it will keep its membership rolls open and will
admit to membership all eligible newspersons engaged by the
Company. AFTRA agrees not to impose unreasonable entrance
fees or dues upon its members.
(D) The union shop provision of this Section and other terms of
this Agreement shall not apply to interns who are college
students working at the station as part of a credit-bearing
course provided that such interns shall not be used to
permanently replace any bargaining unit member or position
and provided further that no more than five (5) interns may
be engaged at any one time.
4. ADMISSION TO PREMISES
(A) Any duly authorized and accredited representative of AFTRA
shall be admitted to the premises of the Company at
reasonable times to check the performance by the Company of
this Agreement; but such checking shall be done so as not to
interfere with the conduct of the Company's business and
after making an
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appointment with the Station's Management for this purpose.
No more than two such representatives shall be admitted for
this purpose.
(B) The Company agrees that only the following persons and no
others shall be recognized to represent AFTRA for purposes of
administering this Agreement or for any other purpose:
National Executive Secretary, Pittsburgh Local Executive
Secretary, National Representative and such other person as
AFTRA may designate hereafter by written notice to the
Company. The Company agrees that AFTRA shall have no
liability by reason of or responsibility for the actions of
any other than those herein designated.
5. MINIMUM TERMS: WAIVERS
The Company agrees that the minimum terms and conditions governing the
employment of newspersons by the Company are those contained in this
Agreement and the Company agrees that, except as permitted by this
Agreement, it will not enter into any contract with, or employ any
newsperson upon terms and conditions less favorable to the newsperson
than those set forth herein. The parties further agree that nothing in
this Agreement shall be deemed to prevent any newsperson from
negotiating for or obtaining better terms than the minimum terms
provided for herein. The Company agrees not to reduce such terms and
conditions during the course of the newsperson's personal service
agreement. The Company agrees not to require any newsperson to do any
act that would violate any internal rule of AFTRA, as long as such
rule of AFTRA is not inconsistent with or violative of any term or
provision of this Agreement.
6. DISCRIMINATION
Both the Company and the Union subscribe to the principle that there
should be no discrimination against any person because of race, creed,
color, national origin, religion, sex, age, veteran status or
disability, to the extent prohibited by applicable federal, state or
local law.
7. MANAGEMENT RIGHTS/RULES REGULATIONS
The Company, except as they clearly and 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 types of its operations and locations, 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
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Employee; management reserves the right to maintain and require
methods of record keeping, provided exercise of such rights shall not
be in violation of other articles contained within this Agreement. The
Company's right to terminate employment or otherwise discipline for
just cause shall include, but not to be limited to, the right to
terminate or discipline employees for possession or use of alcohol or
illegal drugs on Company premises or working under their influence or
refusing to submit to a blood or urine test to determine such
influence if the Company has reasonable cause to believe that the
employee has reported to work or is working under their influence. (In
the testing procedure, the parties shall designate a testing
laboratory and the employee shall be permitted to submit a split
sample. Employees who test positive on the first incident shall be
entitled to enroll in a rehabilitation program on a leave of absence
instead of discharge.)
INDIVIDUAL AGREEMENTS
The Employer shall have the right to bargain, and execute individual
employment agreements, with covered newspersons. Such agreements shall
not provide for wages and benefits less favorable than those provided
for in this Agreement, but such agreements may provide for restrictive
covenants, i.e. non-compete clauses, expiration dates, and such other
terms and conditions acceptable to the individual newsperson and the
Company.
As of July 1, 1998, and continuing thereafter, if the Station chooses
to enter into a personal service contract with an employee covered by
the Collective Bargaining Agreement providing a base salary of $25,000
or more per year, such personal service contract will provide that the
employee will be eligible for compensation for services beyond 40
hours per week, but may also provide that the parties to the personal
service contract expressly agree, on an annual basis, to credit
against such claims of overtime any, or all, of the following items
which may be separately negotiated in the personal service contract:
a. Any annual incentive bonus which is actually paid to
the employee.
b. Any signing bonus (prorated for the number of years
covered by the signing bonus as it relates to the
term of the contact).
c. Any special airfare, transportation or other such
special financial "perks" which have value as
compensation.
d. Any additional paid vacation or personal leave days
allowed and used under such personal service
contract which are greater in number than the amount
the employee would have received under the AFTRA
Agreement.
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Any, all or none of the above items can be used as credit (on a
dollar-for-dollar basis) against overtime payments based on the
agreement of the parties. Such personal service contract must provide
for the above provisions, in writing, in order for the Station to
apply such credits against any claims of overtime.
In the event that the Station enters into a personal service contract
with an employee covered by the AFTRA Agreement, and such personal
service contract provides for a salary of an amount less than $25,000
per year, such personal service contract shall provide for the payment
of overtime for such excess hours actually worked. Any other extra
compensation items such as those noted above, which may be contained
in the separately negotiated personal service agreement shall not be
allowed as a credit against overtime payments.
8. ARBITRATION
In the event there should be any controversy or dispute arising with
respect to the interpretation or breach of this contract between AFTRA
and the Company, AFTRA and the Company agree promptly and in good
faith, to attempt to settle such dispute amicably. In the event that
they are unable to do so, any such controversy or dispute shall be
submitted in writing specifying the specific provision of the
Agreement allegedly breached and the relief sought. If the controversy
or dispute continues it shall be settled by arbitration, each party
bearing half the expense of the arbitrator, the hearing room and
transcript when requested by both parties. Enforcement of the award
may be obtained in the federal court having jurisdiction.
In referring the matter to arbitration, the aggrieved party shall be
required within thirty (30) days after the acts or conduct that gave
rise to the dispute, to request under the then current Voluntary Labor
Arbitration Rules of the Federal Mediation and Conciliation Services
(Pittsburgh Office) a list of available arbitrators, and if possible,
the parties shall select a mutually agreeable arbitrator from this
list using the mutual strike-off procedure with the Union proceeding
first. A final decision of the arbitrator shall be made speedily,
shall be transmitted in writing by registered mail to the parties,
such decision shall be binding upon both parties and each of them will
promptly comply. AFTRA will aid the enforcement of any awards against
its members by appropriate disciplinary action. The powers of the
arbitrator are specifically limited to a determination of the meaning
or the application of this Agreement including the arbitration clause
and he shall have no power to modify or amend this Agreement nor to
render a decision finding a violation of this Agreement unless it is
based on a specific provision of this Agreement, nor to rule on the
merits of any dispute which is not submitted in the format and time
limits specified herein.
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Nothing herein contained shall prohibit the Company and newsperson
from resolving their dispute on an individual basis so long as it does
not create a precedent binding on AFTRA or other employees before any
grievance is filed
9. NO STRIKE CLAUSE
(A) AFTRA agrees that during the term of this contract and any
extension thereto and unless the Company is refusing to
comply with a final arbitration award rendered hereunder,
newspersons will perform their obligations hereunder and will
not strike against, picket, refuse to cross a picket line,
boycott nor withhold any services from the Company.
(B) The Company agrees there will be no lock-out of newspersons
during the term of this Agreement and any extension thereto.
10. SECONDARY STRIKE
In no case shall newspersons strike against, picket or boycott nor
withhold any services from the Company by reason of the reception,
broadcast and transmission by the Company of programs which persons
are used who are employed by others than the Company, irrespective of
whether such programs originate at a point at which AFTRA or others
are striking, or are broadcast over the Company's facilities on behalf
of a sponsor or agency against whom AFTRA or others are striking.
The Company agrees that in the event AFTRA is striking on behalf of
members (not limited provided in Paragraph 1 hereof), performing
duties at any radio or television station, the Company will not,
without the consent of AFTRA, require its newspersons to render
services in programs excess of the number of programs that are
normally made available to such station, where such excess
broadcasting involves the services of newspersons is designed to
replace broadcasts which would, in the absence of such strike, be of
local origination at the station where such strike exists.
The Company further agrees that newspersons shall not be required to
go to any other Company station where an authorized strike is in
progress.
11. GOVERNMENTAL REGULATIONS
This Agreement and all of its provisions are subject to the rules,
regulations and orders of the Federal Communications Commission or any
other governmental body having jurisdiction over the Company's
broadcasting license for Station WTOV-TV.
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12. TERM OF AGREEMENT
This Agreement extends to January 28, 2002, and from year to year
thereafter unless notice of termination is given by either party at
least sixty (60) days prior to expiration.
13. TITLE OF AGREEMENT
This Agreement shall be known as the AFTRA/WTOV-TV Minimum Basic
Agreement for Newspersons, 1999-2002.
The Company agrees that the following are the minimum terms and
conditions which govern employment of newspersons now or hereafter
employed by the Company at Station WTOV-TV.
14. WORK WEEK
(A) The work week of a newsperson shall consist of 40 hours in
consecutive days within a seven-day period. The Company, at
its discretion, may assign newspersons to work on a flexible
scheduling basis so as to provide any combination of days and
hours worked per day as long as such scheduling results in
the employee having at least two consecutive full days off in
each week and the required rest between staff stretches. For
example, the Company may schedule newspersons for a work
schedule of five 8-hour days, four 10-hour days, or a
combination of two 12-hour work days with two 8-hour work
days. The Company may require the rendition of services for
more than 40 hours or more than 5 days in any seven-day
period, subject to the payment of overtime as hereinafter
provided.
Except as noted in Section 7 above, overtime shall be paid
for hours worked in excess of 40 in one week or on a daily
basis in instances where the newsperson's regularly scheduled
work day (i.e., eight hours, ten hours or twelve hours for
the individual employee) is exceeded by that employee.
Modifications in such flexible scheduling for newspersons
shall be in accord with requirements noted in Subjection (e)
below and subject to the ten-day advance posting requirement.
(B) Adequate "prep" time shall be scheduled before on-the-air
work.
(C) The Company agrees to schedule the work week of each
newsperson so that his/her two consecutive days off in each
week shall permit him/her to be continuously absent from
employment not less than fifty-eight (58) hours.
(D) For payroll purposes only a "week" shall consist of seven (7)
consecutive days beginning with the commencement of
broadcasting on Monday at 4:30 a.m. Pay day shall be every
other Friday.
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(E) All work schedules shall be posted ten (10) days in advance.
Unless forty-eight (48) hour notice is received, any employee
whose schedule is changed shall receive a penalty payment of
five dollars ($5) for the first day changed except for
instances of sickness, jury duty, funeral or emergency leave
of the employee or other employees, or reasons beyond the
control of the Company not known prior to the schedule change
cut-off time for prior notification. Mutual agreement of the
employee and the Company is excepted.
15. OVERTIME
(A) Hours worked by any newsperson in any seven (7) consecutive
days starting with the first consecutive day scheduled for
the employee in excess of forty (40) hours shall be overtime.
Overtime will also be paid on a daily basis for hours worked
by employees in excess of their scheduled work day. Overtime
shall be paid for at the hourly rate of one and one-half
times 1/40 of the respective newsperson's weekly salary.
(B) The minimum assignment for a newsperson to perform duties on
his/her scheduled day off or on a regular work day not
contiguous to the regular schedule shall be not less than
four (4) hours.
16. MEAL PERIOD
The Company shall assign employees a 1/2 hour unpaid meal period in
addition to the eight hours worked each day. If the employee is unable
to take a 1/2 hour break because of the requirements of the assignment
on a particular day, such employee shall be paid for 1/2 hour
additional compensation, and will be permitted to eat while on duty.
17. REST BETWEEN STAFF STRETCHES
The first staff assignment of any newspersons shall begin not sooner
than eleven (11) hours after the conclusion of his/her last staff
assignment on the preceding day; except as a result of a change of
hours requested by the newsperson, or in the case where a newsperson
is scheduled temporarily by reason of the absence (except for
vacation) of another staff newsperson, or by reason of an occurrence
beyond the control of the Company. In all other cases, an amount
computed at the rate of one-half times 1/40th of the newsperson's
weekly salary shall, in addition to any other compensation, be paid to
the newsperson for all hours worked within the period which ends
eleven (11) hours after the conclusion of the last assignment of the
preceding day.
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18. STAFF DUTIES
A. For their weekly salary and within the regularly scheduled staff
stretch, the following are generally descriptive of the types of
duties of each employee category. The listing of these duties should
not be interpreted as creating a requirement that all the duties shall
be performed during a single staff stretch. Employees shall be given a
reasonable amount of time to perform their duties consistent with
delivery of a quality product and the efficient operation of the
station. Employees in each category may be assigned to perform duties
in other categories when needed by the Employer as long as they
possess the necessary qualifications and skills to perform such work.
REPORTER:
1. Initiating, researching, writing and/or reporting of stories,
updates, commentaries, special reports, series, documentaries
on tape or live.
2. Establishing and maintaining familiarity with at least the
local market and statewide issues, as well as individual
and/or best contracts and sources.
3. Interviewing persons connected with news and public service
programs.
4. Working with other news department employees when in pursuit
of and/or editing of news and public service programs.
5. Rewriting and editing material from outside sources such as
wire and network services, satellite feeds, newspapers,
public relations material and other agencies or institutions.
6. Assist the producer and/or photographer in developing ideas
for graphics and video effects.
7. Duties normally associated with desk assistance or assignment
editor, including but not limited to assigning stories,
gathering, writing and preparation of news material for use
by themselves or others.
8. Record, log and preview newsfeeds from network satellite
services and other incoming material on equipment provided
the Employer.
9. Duties normally associated with announcing, including but not
limited to, station identifications, promotion and public
service announcements in accordance with past practice.
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10. Putting news tapes in, order and deliver to control and
answering telephone, and operating teleprompter when those
who normally perform those tasks are unavailable.
VIDEOGRAPHER:
1. Photograph all news related material, live or on tape, edit
news related material record, edit and shoot "bumps" and
headlines or any other video that appears in news and public
service programs.
2. Working with other news department employees when in pursuit
of and/or editing of news and public service programs.
3. Assist the producer and/or reporter in developing graphics
and video effects.
4. Record, log and preview newsfeeds from network satellite
services and other incoming material on equipment provided by
the employer.
5. Oversee and monitor quality control with all news equipment
and news vehicles.
6. Performance of such other duties as news and program
requirements of Employer may necessitate including but not
limited to, putting news tapes in order and deliver to
control, answering telephone, operating teleprompter and
other newsroom tasks when those normally assigned to perform
such tasks are unavailable.
7. AFTRA's Jurisdiction over photographing live news outside of
the Steubenville studio shall not apply when the switching of
cameras is required.
ANCHOR/REPORTER/PRODUCER
1. Anchor live or taped newscasts and other news and public
service programs.
2. Produce newscasts, oversee the newsroom in the absence of
News Director, Assistant News Director or Executive
Producer/Assignment Editor when assigned.
3. Assignments related to the development and preparation of
newscasts, public service, elections and other local
programs, updates, cut-ins or bulletins.
4. Substitute for a sports or weather anchor/reporter when
regular coverage is not available provided that Company has
made a good faith effort to obtain a replacement.
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5. Perform all duties described for reporters when regular
coverage is not available.
6. Attend promotional events on behalf of the Station up to six
(6) per contract year.
WEATHER AND SPORTS ANCHORS:
1. Handle assignments normally covered by reporter,
anchor/reporter/producer.
2. May be assigned to any weather and/or sports related programs
or events as deemed necessary by the employer.
3. Perform all duties described for reporters, anchors or
producers when regular coverage is not available.
4. Attend promotional events on behalf of the Station up to six
(6) per contract year.
PRODUCERS
1. Coordinate newsroom, reassign late breaking stories, write
and edit all material for news and public service programs or
related programs, prepare all rundowns and other material
related to news programs.
2. Perform all duties described for reporters and
anchor/reporter/producer when regular coverage is not
available.
B. A newsperson who on certain days performs the duties of a lower paid
category shall not suffer a reduction in his/her rate of pay.
Additionally, a newsperson who performs the duties of a higher paid
category for ten consecutive work days shall thereafter receive the
higher category rate of pay for such additional days in which he or
she performs such work in that assignment.
C. Any news anchor required to Produce as well as appear on a program
will begin his/her shift at least three (3) hours prior to the
program.
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19. HAZARDOUS WORK AND ASSIGNMENTS
Without his/her consent, no newsperson shall be required to work under
conditions where there exists immediate imminent danger of bodily
harm. If such a condition exists, the newsperson shall call management
to discuss the situation as soon as they are out of such imminent,
immediate danger.
20. TRAVELING TIME AND EXPENSE
A proper allowance shall be included in the elapsed time for necessary
traveling time to and from remote points on location assignments, and
time spent at remote points to which a newsperson may be assigned by
the Company, it being understood and agreed that not less than eight
(8) elapsed hours shall be credited to such newsperson for each day
spent in transit and/or at such remote points on such assignment. No
other payment shall be required for time spent in traveling when
sleeping accommodations are furnished at remote points. The Company
will pay all reasonable, ordinary and necessary out-of-town traveling
expenses actually incurred as authorized and upon proper vouchers as
required by the Company. The Company will provide coach air
transportation on all flights. When the newsperson with the consent of
the Company uses his/her own car, he/she shall be paid the WTOV
mileage rate (to be increased if the Company's rate increases),
parking expenses and tolls. Those newspersons assigned to Wheeling
shall receive payment for parking his/her own car, provided they have
obtained management's approval as to price and location.
21. VACATIONS AND HOLIDAYS
A. VACATIONS:
1. Newspersons in the bargaining unit will be able to earn and
utilize vacation leave in the same year.
2. Newspersons will receive the vacation allotments as provided
below:
1 - 5 years of employment as of January 1 2 weeks
6-15 years of employment as of January 1 3 weeks
More than 15 years of employment as of January 1 4 weeks
Additionally, newspersons who are eligible to receive four
(4) weeks vacation may elect to take 3 weeks of and be paid
an additional week's pay on an agreed upon "sell-back
reimbursement basis."
3. New bargaining unit full-time employees hired after the
commencement of the contract shall be entitled to vacation,
sick leave and personal day usage based upon schedules which
will take
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into account the new employee's commencement of employment
and pro-rated leave benefits. This schedule shall be
determined by the parties' representatives.
4. The Employer shall have the right to adjust and deduct from a
departing employee's final paycheck(s) any amounts
representing such leave taken during the year when the
departure date is such that the employee has already exceeded
the pro-rata paid leave time allowed. (For example, an
employee is entitled to four weeks vacation leave and takes
all vacation prior to departure of June 30 in a calendar
year. In such case, since the employee had completed less
than 1/2 year of service but had taken a full year's worth of
vacation credits, the employer may withhold two weeks salary
from the employee's final paycheck(s).
5. Newsperson shall advise the Company of their vacation period
preference no later than March 7 of each year. Vacation weeks
shall coincide with the normal work week (i.e., five (5) work
days plus the regular two (2) days off) and shall be
scheduled and taken at any time of the year, subject to
management's right to place limitations on vacations during
rating periods. Newspersons shall have the choice of vacation
periods in order of their seniority in the newsroom during
non-rating periods. Vacation must be used during the year it
is earned.
6. Part-time newspersons shall receive vacation pro rated based
on their normal work schedules.
B. HOLIDAYS:
1. Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, and New Year's Day shall be paid holidays. In
addition, each full-time Employee who has satisfied his
probationary period shall be entitled to one (1) personal
holiday each contract year. Effective January 29, 2000, such
employees will receive one (1) additional personal holiday
(for a total of two (2) personal holidays) for each year of
this Agreement. The Employee shall be required to give at
least two (2) weeks' advance notice of his intention to take
such a holiday and it shall be subject to operating
requirements as determined by the Company. Any newsperson who
is required to work on such holidays, full-time or part-time,
will be paid at double time for the hours worked or by mutual
agreement, can receive another day off with pay. Any
newsperson who is on vacation when such holiday falls on one
of his/her normally scheduled work days will be given one (1)
additional day of vacation. Any employee not scheduled to
work on a holiday listed above shall be paid an extra day's
pay in lieu of the holiday or be given a day off with pay, at
management's option.
Any newsperson, full-time or part-time, performing work on
the above holidays outside his/her basic work week will be
paid at double time for the hours worked.
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Each newsperson may elect to forego the holiday pay for
working on the holidays named above and to substitute days
off with pay for each day so selected at another time, said
day(s) off to be mutually agreeable to the Company and the
newsperson, with the newsperson required to give fifteen (1
5) days notice for any such day(s), whether single days or
collective days. The Company shall approve or reject such
requests within seven (7) days.
2. Part time newspersons shall receive holidays pro rated based
on their normal work schedules.
22. TERMINATION OF EMPLOYMENT
(A) No permanent employee covered by this Agreement shall be
suspended, demoted or dismissed without just and sufficient
cause. Newspersons employed under personal services contracts
may be subject to other written provisions relating to
separation from employment and/or discharge. Except where
employment is terminated for just cause, resignation or
retirement, the Company shall give any newsperson who has
completed his or her probationary period notice of layoff of
at least two weeks or pay in lieu thereof and one week of
severance pay for each complete year of service, up to a
maximum of 12 weeks.
(B) A newsperson employed under an individual agreement providing
for compensation in excess of the minimum they would receive
under this Agreement may be discharged at the termination of
the individual agreement upon the Company releasing him/her
from any non-compete provision that may exist in the
individual agreement and payment of notice and severance pay
as described above. The Company may offer continued
employment with compensation less favorable than the expired
personal agreement, but in that event the newsperson could
opt to decline such an offer and the newsperson would be
considered to be discharged.
(C) The severance formula noted above in Section (a) shall not
apply to employees working under personal services contracts
which have more favorable provisions for severance
compensation and notice regarding expiration and non-renewal.
(D) The Company will pay any newsperson for unused vacation and
accrued holiday time at the time of termination provided the
newsperson has given the Company two weeks notice of his/her
resignation, if the termination occurs as a result of the
newsperson's resignation.
(E) The Company agrees not to discriminate against any newsperson
because of any claim made by him/her or submitted by him/her
to AFTRA respecting this Agreement by the Company.
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23. LAYOFFS
Should it become necessary due to economic reasons to lay off a
newsperson, seniority shall be considered first, provided that
qualifications, ability, suitability and past work record may also be
taken into consideration. This provision shall not be used to
undermine the principle that terminations shall be for just cause,
unless caused by economic reasons. Such laid off employee shall be
entitled to all benefits of the termination clause herein. If
thereafter for a period of six (6) months, a vacancy occurs in his/her
job classification, the Company shall notify the newsperson laid off
and such newsperson will be re-employed according to his/her seniority
status at the time of layoff, provided he/she responds to the layoff
notice within two (2) weeks. However, if an employee is recalled, he
shall begin a new severance pay accrual from the date of recall.
24. LEAVE OF ABSENCE
Any employee with one (1) or more years of service shall, for valid
health reasons, be granted a leave of absence not to exceed six (6)
months, provided such leave of absence is approved by the Company. An
approved copy of such leave of absence shall be furnished the employee
by the Company. Upon the return of an employee from a leave of
absence, he/she shall be re-employed in the position held immediately
preceding such leave, provided such still exists; otherwise he/she
shall be re-employed in a position as nearly the same as practicable,
or if no such position is available, shall be laid off and be eligible
for recall for the following six (6) months. In computing the
employee's seniority, except as it pertains to wages and vacation
accrual, such leave of absence shall be credited the employee as time
worked. The employee will not be permitted to perform outside work or
receive wages or remuneration during the time of leave of absence.
25. FAMILY AND MEDICAL LEAVE
(A) An employee who is pregnant may work so long as her physician
certifies that she is fully able to perform her normal
duties. Periods of disability associated with pregnancy and
childbirth shall be treated in the same fashion as illness.
(B) Child rearing leave and other leave required by the Family
and Medical Leave Act shall be granted in accordance with the
provision of that ACT.
(C) In the event a newsperson has utilized unpaid family illness
leave (or has used accumulated vacation leave for such a
purpose) in excess of five consecutive work days, he or she
may thereafter utilize up to a maximum of five days of his or
her accrued paid sick leave for such continuing family
illness leave.
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26. RE-EMPLOYMENT AFTER MILITARY SERVICE
Any newsperson who enlists or is drafted into active military service
of the United States shall be granted a leave of absence for the
period of such military service (but not to exceed the period required
by draft or one enlistment). Such newsperson who thereafter (1)
receives a certificate or other evidence of honorable discharge under
the laws of the United States and (2) is, at time of discharge or
completion of such military service, qualified to perform the duties
of the position of employment which he/she left, and (3) makes
application for re-employment within ninety (90) days, after he/she is
relieved from such military service, shall be restored by the Company
to the position which he/she left or to a position which is of like
seniority status and pay within the bargaining unit covered by this
Agreement at Television Station WTOV-TV where he/she had been employed
and with the seniority accumulated during service unless the Company's
circumstances have so changed as to make it impossible or unreasonable
to do so.
27. OUTSIDE EMPLOYMENT
Newspersons shall be permitted to engage in outside employment and
activities which do not interfere with the performance of their duties
or obligations to the Company so long as they notify the Company in
advance, and so long as they are not employed by radio, television,
cable or other communication companies that compete with the Company.
Newspersons serving under personal services contracts may be subject
to limitations or restrictions regarding outside employment or
off-premises activities as contained therein consistent with the
above.
28. SICK LEAVE AND FUNERAL LEAVE
A. New employees hired during the calendar year shall, upon
completion of their probationary period, be entitled to
pro-rata sick leave for the remainder of their first calendar
year of employment. Thereafter, such employees shall be
entitled to eight (8) days sick leave credit on an annual
basis.
All other full-time employees who have completed their
probationary period will receive eight (8) days sick leave
credit per calendar year. Sick leave earned but not utilized
will accumulate from year to year, up to a maximum of twenty
(20) days.
B. Pay allowance will be paid for sickness of employees
incapacitating them for work. Upon the Company's request, a
doctor's certificate must be presented before pay will be
allowed.
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C. Pay allowance will be paid up to three (3) days for death and
funerals in the immediate family. This includes brother,
sister, father, mother, son, wife, husband provided the
Employee attends the funeral.
D. Pay allowance will be paid for one (1) day for attending a
funeral for mother-in-law, father-in-law, sister-in-law,
brother-in-law, grandmother or grandfather.
E. Pay allowance will be paid only for 3 days missed that are
regular scheduled workdays for the Employee.
29. JURY DUTY
Any newsperson with one or more years of service called for jury duty
or subpoenaed to appear as a witness at a trial, shall be granted time
off to attend to such responsibilities. The Company shall pay the
difference between any jury pay or witness fee received and the
newsperson's regular salary, up to maximum of five (5) days per year.
30. HEALTH BENEFITS
The Company shall continue to provide for existing full-time
newspersons and their dependents such hospitalization coverage, major
medical coverage, life, vision, dental coverage, short-term and
long-term disability insurance as is provided through the Xxxxx Health
Insurance Plan also known as the STC or Sunrise Health Plan. The
Company shall pay 75% and the employee shall pay 25% of such increases
in the costs for individual or dependent coverage. The Employer shall
be free to change carriers and alter, amend or discontinue such plans
so long as it does not discriminate between the newspersons and the
non-bargaining employees with regard to such benefits.
Existing full-time newspersons employed prior to January 3,
1996, shall have the option to continue their enrollments in such HMO
plans as were in force and which remain available at the employee
contribution rate of $26.50 per pay period for dependent coverage; and
$4.15 per pay period for single coverage. Future cost increases shall
be divided in the same manner as with the Xxxxx Plan (75% Company, 25%
Employee), except that in no event shall the dollar amount of the
Company's share of such increase in the HMO cost exceed the Company's
share of dollars paid for the increase in the above described Sunrise
Plan in any year.
Additionally, should employees elect to continue
participation in such HMO's, the employer will provide a special life
insurance plan to supplement the HMO plan wherein the employee will
receive term life insurance coverage with a death benefit computed at
the rate of one and one-half times his or her annual salary, to a
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maximum of $200,000. The total cost of such additional life insurance
protection shall be borne by the employer.
Employees hired after January 3, 1996, who qualify as
full-time newspersons shall receive the health insurance plans noted
above and will be eligible for the HMO option. Such employees hired
after January 3, 1996, shall pay the same employee contribution rate
of $96.35 per pay period for dependent coverage and $17.97 per pay
period by single coverage . If an existing employee returns, for the
purpose of enrollment, to the Xxxxx plan after leaving, he or she
shall be responsible for the employee contribution rate as determined
for new employees entering the Xxxxx Sunrise Plan.
31. DEFERRED INCOME PLAN
The parties acknowledge that they have negotiated concerning
retirement and deferred income plans and have agreed to modify that
participation in a Section 401(k) plan offered by the Company will be
made available in accordance with the following contribution schedule:
Employees may contribute in accordance with Plan rules and
regulations. The employer agrees to provide matching contributions in
the total amount of 3% annually during the term of this Agreement for
employees who choose to contribute.
32. SALARIES
The minimum weekly salary for newspersons in the categories listed
shall be as follows:
MINIMUM WEEKLY ENTRY
LEVEL SALARIES FOR NEW EMPLOYEES
(HIRED AFTER JANUARY 29, 1999)
CLASSIFICATION EFF. 1/29/99 EFF. 1/29/2000 EFF. 1/29/2001
------------------------------------ ------------ -------------- --------------
ANCHOR/PRODUCER 365 378 391
WEEKEND NEWS, SPORTS, WEATHER ANCHOR 300 311 322
REPORTER/PRODUCER 290 300 311
VIDEOGRAPHERS 280 290 300
EXISTING EMPLOYEES
Existing employees shall receive compensation increases as noted below.
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EFFECTIVE UPON RATIFICATION
If an employee, as of January 28, 1999, was earning less than
$7.00 per hour, such employee shall receive the greater of an
increase to $7.00 per hour plus four percent (4%) added to
his or her wage rate. Except as noted below or as set forth
in a signed memorandum supplementing this Agreement, all
other employees shall receive a four percent (4%) increase.
EFFECTIVE JANUARY 29, 2000
All employees shall receive a three and one-half percent
(3.5%) increase.
EFFECTIVE JANUARY 29, 2001
All employees shall receive a three and one-half percent
(3.5%) increase.
The Station may hire or promote newspersons based upon combinations of
duties of positions.
STORY FEES
The Reporter and Photographer responsible for a story that is sold by
the station shall receive in the aggregate one-half (1/2) of the fee
received by the station. The employee's portion of the story fee will
be paid after each calendar quarter newsperson provided he was
actively employed by WTOV-TV at the last day of the quarter.
33. PART-TIME NEWSPERSONS
(A) Part-time newspersons shall be compensated at one-fortieth
(1/40th) of the weekly salary for each hour worked.
(B) A part-time newsperson shall be paid for a minimum four (4)
hours for any day he/she is called to work.
(C) In the event a part-time newsperson works more than forty
(40) hours in any workweek or more than eight (8) hours per
day, he/she shall be paid overtime for all such excess hours.
Payment shall be computed in not less than ten (10) minute
units.
(D) Termination of employment benefits of a part-time newsperson
shall be based on a proportionate basis of that payable to a
full-time newsperson.
(E) The Company may employ one part-timer for three full-timers.
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(F) Regular part time employees who are regularly scheduled for
32 or more hours per week will be eligible for health and
insurance benefits on the same basis as full-time employees.
(G) Part-time newspersons regularly scheduled to work thirty (30)
hours or less per week shall receive pro-rated vacation leave
and shall also receive pro-rated sick leave up to a maximum
of five (5) days per year.
34. NOTIFICATION TO AFTRA
The Company will furnish AFTRA with the names and addresses of all
newspersons within fifteen (15) days of hire or termination.
35. PERFORMANCE BY NONBARGAINING UNIT PERSONNEL
The Company and AFTRA agree on the principle that persons not covered
by this Agreement shall not perform any duties listed of their working
time except that interns working at the station, temporary employees
for up to ninety (90) days of employment by the station or such period
as may be agreed upon pursuant to 1(b) , and the News Director and
either the Asst. News Director/Executive Producer or the Assignment
Editor/Executive Producer shall be subject to no limitation provided
that their performance of such duties is consistent with past practice
except that either the Asst. News Director/Executive Producer or the
Assignment Editor/Executive Producer shall be permitted to report up
to five stories per week.
36. CHECK-OFF
The Company agrees to deduct from the wages of employees initiation
fees and dues required by the union upon notification from the union
of the amounts due, provided the Company receives from each such
employee on whose account such deductions are to be made, an
individually signed check-off authorization form lawful under the
Labor Management Relations Act, as amended. Such check-off forms shall
be irrevocable during the term of this Agreement or for one year,
whichever occurs sooner. Such deductions shall be made from the first
payday each month and forwarded promptly to AFTRA-Pittsburgh, 000
Xxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000.
37. TRANSFER OF OWNERSHIP
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 WTOV-TV or because of
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, the Union and
its members shall be free of all obligations hereunder; but all other
cases of
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transfer or assignment of WTOV-TV shall require the transferee or
assignee to assume, for the benefit of the Union and its members, the
obligations of this Agreement, and the Company shall be required to
pay Employees for any vacation earned, but not taken under this
Agreement, and any other compensation due.
38. COMPLETE AGREEMENT
The parties hereto acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining.
Thus, the understandings and agreements arrived at by the parties
after the exercise of such rights and opportunities are set forth in
this Agreement, which document constitutes the entire Agreement
between the parties and concludes collective bargaining for its term.
Therefore, except as provided in this Agreement, the Company and the
Union for the life of this Agreement each voluntarily and
unqualifiedly waives the right, and agrees that the other shall not be
obliged to bargain collectively with respect to any subject or matter
referred to or covered in this Agreement or with respect to any
subject or matter not specifically referred to or covered in this
Agreement, even though such subject or matter may not have been within
the knowledge or contemplation of either or both parties at the time
that they negotiated or signed this Agreement.
It is further understood by both parties that this Agreement
supersedes any and all prior agreements, past practices, or
understandings, either written or verbal, that are inconsistent with
or in conflict with the terms of this Agreement.
Should any part of provision of this Agreement be rendered or declared
illegal or invalid by any decree of a court of competent jurisdiction
or by decision of any authorized government agency, the remaining,
unaffected part(s) or provision(s) of this Agreement shall not be
affected thereby and shall remain in full force and effect. However,
in such a contingency, the parties shall meet promptly and negotiate
with respect to substitute provisions for those part(s) or
provision(s) rendered or declared illegal or invalid.
39. LAWS OF OHIO
This Agreement, made, executed and delivered in the City of
Steubenville, Ohio, shall be governed by the laws of the State of
Ohio.
40. RATIFICATION
This Agreement is subject to ratification by the AFTRA National Board
and the President of STC Broadcasting Co., and shall not become
effective or binding upon the parties until so ratified and
countersigned by the National Executive Secretary of AFTRA, and the
President of Xxxxx Broadcasting Group, Inc.
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ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO:
AMERICAN FEDERATION OF STC BROADCASTING CO.
TELEVISION & RADIO ARTISTS, WTOV-TV
PITTSBURGH LOCAL
By: /s/ Xxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxx
---------------------------------- ----------------------------------
Local Executive Secretary Station Manager
APPROVED AND RATIFIED: APPROVED AND RATIFIED:
By: /s/ Xxxxx X. York By: /s/ Xxxxx X. Xxxx
---------------------------------- ----------------------------------
AFTRA National Executive STC Broadcasting Co.
Dated: 3/9/99 Dated: March 23,1999
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