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EXHIBIT 10.24
COLLECTIVE BARGAINING AGREEMENT
Between
WROC-TV
(Xxxxx Television of Rochester, L.P.)
and
NATIONAL ASSOCIATION OF BROADCAST
EMPLOYEES AND TECHNICIANS, AFL-CIO
(Local 22)
June 1, 1996 through May 31, 2000
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AGREEMENT
THIS AGREEMENT, made and entered into as of this 1st day of June, 1996, by
and between XXXXX TELEVISION OF ROCHESTER, L.P. and/or its successors, owner
and operator of Television Station WROC-TV, the Employer, (hereinafter called
the "Company") and the NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND
TECHNICIANS, AFL-CIO and/or its successors, a labor organization (hereinafter
called the "Union" - NABET), bargaining representative for Employees employed
by, the Company at Station WROC-TV during the term of this Agreement. The
provisions of this Agreement shall be binding upon the Company, its successors
and assigns.
1. INTENT - "EMPLOYEE" DEFINED:
It is the intent and purpose of the parties hereto to set forth herein the
basic Agreement covering the rates of pay, hours of work, and conditions of
employment to be observed between the parties hereto, and provide procedures
for prompt, equitable adjustment of alleged grievances to the end that there
shall be no interruptions or impeding of work, work stoppages or strikes or
other interferences with television broadcasting and its facilities during the
life of this Agreement.
1.2 The term "Employee" as used in this Agreement applies to all the
broadcast, television technical Employees employed by Station WROC-TV and all
mobile or portable transmitters wherever located, employed in the broadcasting
engineering department of the Station, as shown in Article 9, except the Chief
Engineer and Assistant Chief Engineers.
2. MANAGEMENT RIGHTS:
2.1 Management - The Company, except as 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 employee;
Management reserves the right to maintain and require methods of record keeping.
3. RECOGNITION, UNION SHOP:
3.1 The Company recognizes the Union as the exclusive bargaining agent for
all of the Employees of the Company as defined in Article 1, for the duration
of this Agreement. (The
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Company further recognizes the dignity of the Employee as an individual and the
Employees as a group.)
3.2 All present Employees shall remain members of the Union in good
standing as a condition of employment The Company may employ non-members of
the Union, provided that such employees shall apply for membership in the Union
within thirty (30) days after employment. The Union agrees to act on said
application within thirty (30) days after receipt of the application, and the
filing of the application shall constitute a working permit until such time as
the application has been acted upon.
3.3 The Company will, within five (5) business days after receipt of notice
from the Union, give notice to any Employee who is not in good standing in the
Union that his employment will be terminated within two (2) weeks if he does
not comply with Section 3.2, provided that his failure to be in good standing
is because of his failure to tender initiation fees and periodic dues, both of
which shall be uniformly applicable to all Employees.
3.4 The Company shall make a check-off of Union dues from each paycheck,
provided that the Company shall receive from the Employee concerned a written
assignment which shall not be irrevocable for a period of more than one (1)
year, or beyond the termination date of this Contract, whichever occurs sooner.
The Check-off Authorization shall be in the form as shown in Appendix "A".
3.5 It is further agreed that all new Employees shall be on a probationary
period of ninety (90) days. The Company may request and upon approval of the
affected Employee, the Union will agree to grant up to two (2) thirty (30) day
extensions to the current ninety (90) day probationary period described above,
during which time the Employee shall not be entitled to the protection of the
discharge clause. A copy of the notice of discharge given to the Employee shall
also be mailed to the Union at the same time. Temporary vacation relief
Employees as described in Section 10.5 shall not be entitled to the protection
of the discharge clause.
3.6 The Company recognizes the right of the Union members to refuse to
work with employees who do not become or offer to become Union members in
accordance with this Agreement, and any such refusal to work shall not
constitute a breach of this Agreement. This provision is subject to the
provisions of Sections 3.2 and 3.3.
3.7 The Company will not interfere with, restrain or coerce any Employee
because of membership in or activity on behalf of the Union. The Company will
not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any Employee because of membership in or
activity on behalf of the Union, nor will it discourage or attempt to
discourage membership in the Union or attempt to encourage membership in
another Union.
3.8 Notwithstanding anything herein to the contrary, the Company may
utilize up to five (5) interns, as part of an affirmative action program or in
cooperation with an educational
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institution, who shall be excluded from coverage under the Contract but who
shall not be restricted from performing bargaining unit work so long as it is
under the general supervision of, and does not result in the layoff of, a
Bargaining Unit Employee. No intern may be employed for more than two (2)
semesters consecutively unless the Employer and Union mutually agree in writing
to extend such employment.
3.9 The Company and the Union recognize their respective responsibilities
under State and Federal laws and regulations relating to fair employment
practices. The Company and the Union agree to continue to adhere to the
national policy of not discriminating in employment in any manner prohibited by
law on the basis of race, creed, color, national origin, religion, sex, age,
sexual preference, arrest record, citizenship, disability arising from
military service, service in the Vietnam War, handicap or for any other reason
prohibited by law. The parties also agree that compliance with laws and
regulations pertaining to the Company's right to broadcast is essential, and
that any Employee who interferes with such compliance may be discharged. The
use of the pronouns "he", "she", "his" or "her" in this Agreement shall refer
to all Employees and is not intended to indicate the sex of any Employee.
3.10 Joint Liaison Committee: The parties agree to form a Liaison
Committee comprised of three persons representing the Station Manager and
three employees from the bargaining unit for the purpose of meeting and
conferring, upon request of either party, at reasonable times relating to
topics such as increased communication and cooperation as they concern the
operation of the Station and the work of the bargaining unit. Topics for
discussion may include, but not be limited to, the administration of the
bereavement leave policy, implementation of an educational reimbursement policy
for bargaining unit employees who receive, upon pre-approval of management,
additional training or education through seminars, educational courses or
training programs during their non-working hours so as to enhance the employees'
working skills as they relate to Station operations and improved efficiencies.
It is the intent of this procedure that discussions will be conducted
on a non-adversarial basis and in a good-faith attempt to consider developments
that occur during the term of the contract. The Liaison Committee shall not have
the power to add to, delete or otherwise modify the terms of the collective
bargaining agreement unless such changes are ratified by the parties.
Furthermore, the existence of the Liaison Committee shall not preclude
Station management from meeting with other bargaining unit employees and/or
with Stewards on a more frequent basis for a similar purpose.
3.11 The Company will notify the Union in writing of all newly hired
Employees prior to the time the Employee receives his first paycheck.
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4. MILITARY LEAVE:
4.1 Both the Company and the Union recognize the re-employment provisions
of the Military Service Act of 1948 and any subsequent Acts and all the
re-employment regulations promulgated by the Federal Government apply to all
Employees covered by this Agreement.
5. HOURS OF WORK, DAYS OFF, MEAL PERIODS:
5.1 (a) The normal work week of all full-time technical Employees shall
consist of not more than forty (40) hours of work during four (4) or five (5)
days in each seven (7) consecutive days. Such hours of work shall be
consecutive and shall not exceed eight (8) exclusive of a one (1) hour lunch
period on a five (5) day schedule or ten (10) on a four (4) day schedule. The
work week can include other combinations of hours and days so long as the
employee so scheduled receives at least two consecutive days off and further,
that such employee will not be required to work split shifts during any work
day. Said work week shall begin at 3:00 a.m. Monday and end at 3:00 a.m. on the
following Monday. However, for purposes of all overtime and premium pay under
this Agreement, a day will be defined as a twenty-four (24) hour period
commencing at the beginning of an Employee's shift.
(b) The Company may employ a number of part-time employees, to a
maximum of 25% of the full-time employees, provided that if more than 29
full-time employees are employed, the Station may employ a number of part-time
employees not to exceed 30% of the full-time employee complement. A part-time
employee's work week shall not be less than two (2) days of work. Part-time
employees may be called upon to work in excess of 32 hours in a work week for
emergency or fill-in purposes for employees on sick or vacation leave. In all
other instances, should a part-time employee work in excess of 32 hours in a
work week, he or she shall be compensated at one and one-half times his or her
normal part-time rate for such hours in excess of 32. Part-time employees shall
not accrue seniority except in the case of a part-time employee who, through
continuous service, becomes a full-time employee. In that instance, he or she
will be credited with seniority, on a pro-rata basis, for the time worked as a
part-time employee. Part-time employees are not eligible for health or life
insurance benefits provided through the Station. In the event any permanent
full-time Bargaining Unit Employee is on layoff status, the following will
apply:
(i) Any permanent full-time Bargaining Unit Employee on layoff who
is qualified for available part-time work shall be offered part-time employment
by seniority. Such part-time employment will be compensated at the part-time
hourly rate for part-time employees. Refusal or acceptance of part-time
employment shall in no way affect the Employee's recall rights.
(ii) In the event all qualified full-time Employees on layoff
refuse part-time employment or there are no full-time Employees on layoff
qualified for the available part-time work, the Company may hire one (1)
part-time Employee to perform the available work.
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5.2 (a) Employees regularly assigned to the news department may be
assigned a full eight (8) [or ten (1O) if on a four (4) day schedule] hour
shift, and if so, such Employees shall be assigned a twenty (20) minute paid
meal break within such shift on a regularly scheduled basis, provided a twenty
(20) minute uninterrupted period will be allowed for a meal during the shift.
(b) Employees scheduled on outside productions or new, including but
not limited to minicam, still photos, live ENG News assignments, shall take a
lunch period in the 4th, 5th or 6th hour (or within one [1] hour of this time
span in case of unforeseen news gathering requirements) of the shift as job
duties dictate and with the approval of the management person in charge.
Assigned travel time during the work shift shall not be considered
as part of the lunch period. If the lunch period cannot be taken, the
appropriate penalty shall apply as stated in Section 5.10(c).
(c) Employees assigned to television remotes (including those
involving live ENG pick-up) may be scheduled for a shift of eight (8)
consecutive hours or less with no scheduled lunch hours.
(i) A lunch period may be taken by Employees on remotes on
Company time, at whatever time it is possible without interfering with the
setup, rehearsal or broadcast of the remote.
(ii) When an Employee is assigned to a remote and is not allowed
at least thirty (30) minutes to eat while on duty on a TV remote, he shall
receive a penalty payment of five dollars ($5.00) in addition to any and all
pay received for time worked.
(iii) An Employee will not be required to ride in the TV remote
truck as a passenger unless suitable seats are provided. An Employee, if
properly qualified and capable of doing so, may be assigned to drive the TV
remote truck.
(iv) When an Employee works on a remote longer than eight (8)
consecutive hours, he shall receive overtime pay in accordance with appropriate
provisions of this Agreement.
5.3 In the event an Employee works beyond his regular tour of duty, he
shall be paid an overtime rate of time and one-half for the first five
consecutive hours worked during that day, and thereafter, at the rate of two
times his regular rate for all such continuing overtime hours on that day.
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5.4 (a) An Employee shall have two (2) [three (3) in the case of Employees
assigned to four (4) ten (10) hour shifts] days off in each seven (7) days,
which shall be either consecutive or the last and first (1st) days of
contiguous weeks (except as provided in 5.5).
(b) Schedules of working time (exclusive of overtime and exclusive of
lunch hours, the changing of which is provided for in Section 5.10) shall not be
changed unless notice of such change in working hours is posted seventy-two (72)
hours in advance of the time of which such change in schedule is effective,
except in circumstances beyond the control of the employer.
(c) Hours of work shifts and meal periods shall be posted at least
fourteen (14) days in advance. The Company shall have the right to make
subsequent modifications to accommodate the needs of the Station and the
affected Employees. Changes in days off will be posted fourteen (14) calendar
days in advance of the beginning of the work week in which the change will be
effective, except for changes about which the Company was not notified prior to
the time for changing the schedule and that are caused by personal leave,
personal days off, termination of probationary Employees, resignations or
extended illness of Employees.
5.5 (a) To accommodate a change of work days, it shall be permissible to
grant an Employee two (2) non-consecutive days off and no more than four (4)
[five (5) in the case of Employees assigned to four (4) ten (10) hour shifts]
consecutive days off. A non-consecutive day off is defined as at least
twenty-four (24) hours plus ten (1O) hours.
(b) The Company agrees to work with technicians with a view toward
achieving a system whereby a member of the unit may be granted, upon request, a
change of days off after working a given schedule for a period of six (6)
months, in a way which will satisfy the Employee and not interfere with the
Station's lawful and efficient operation.
5.6 Regular work shifts, exclusive of overtime, shall in all cases be
separated by at least ten (1O) hours. In the event an Employee starts a work
shift prior to the end of the turnaround period, hours within the turnaround
period shall be overtime work and shall be paid at a rate of one (1) times the
Employee's regular rate in addition to the Employee's regular rate of pay for
such hours, or portions thereof, worked during the turnaround period. The
turnaround period begins with the end of the last regularly scheduled shift,
exclusive of overtime, or in the case of days off, ten (1O) hours prior to the
Employee's next scheduled work day. Regularly scheduled hours may be cancelled
by the Company without reduction of regular pay to the Employee on less than
sixty (60) hours notice where to do so would avoid invading turnaround. At the
end of each work shift or absence (excluding vacation), an Employee shall
ascertain the next indicated work assignment as posted on the working schedule.
5.7 (a) Turnaround pay or penalty shall not apply to absences occasioned by
vacation, holiday, leave of absence or other absences occasioned by the
Employee, except bona fide illness of seven (7) days or less. Vacation, holiday
credit, leave of absence or other absences
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occasioned by an Employee, with the exception of illnesses of seven (7) days or
less shall be computed on the basis of the number of days times twenty-four
(24) hours.
(b) Notwithstanding anything in this Agreement to the contrary, a ten
(1O) hour turnaround shall apply to Employees assigned as vacation relief,
schedule changes for Unit Employees (only one such change within a thirty (30)
day period) and/or to an Employee who requests and is granted a schedule change.
5.8 Should an Employee, at Company request, be required to work on his
scheduled days off or in excess of forty (40) hours per week, or in excess of
eight (8) [ten (10) for 4/10 Employees] hours per day, overtime rates of pay
(time and one-half) shall apply on the first such day off or for hours in excess
of eight (8) [ten (1O) for 4/10 Employees] in one (1) day or in excess of forty
(40) in one (1) week. An Employee required to work on the second and/or third
such scheduled day off shall receive double his base rate for such hours worked.
5.9 Minimum call-in pay shall be four (4) hours at the employee's regular
rate of pay unless such additional time worked by virtue of the call-in results
in the employee exceeding 40 hours worked in a particular work week. In such
case, the employee shall receive overtime (at time and one-half his regular
rate) or upon mutual agreement, the employer and the employee may arrange for
appropriate compensatory time off for the hours worked in excess of 40. If an
Employee off duty is required to perform work, except work commencing prior to
or ending after and contiguous with his regularly scheduled shift, he shall
receive not less than four (4) hours of pay at time and one-half rates for such
call back on his regular workday and for the sixth (6th) (fifth in the case of
4/10 Employees) worked in any week. Provided: Employees may be called in for a
minimum of two (2) hours up to four (4) times each year, solely for the purpose
of attending department and/or station meetings or briefings.
5.10 Except as set forth in Section 5.2 (a) and (b) (transmitter, news
department, 4/10 Employees, outside production, minicam, and television
remotes), each Employee shall be scheduled a meal and rest period of one (1)
hour during his tour of duty.
(a) The Station may, in its discretion, schedule meal and rest period
of one-half hour during the employee's tour of duty if it reduces the remainder
of the employee's work day in a corresponding manner. On days an Employee works
only his regular shift or call-in of seven (7) hours or more, the following will
apply: the meal and rest period shall be scheduled only during the 4th, 5th, or
6th hour of the regular work shift.
(b) In the event an Employee works longer than his regular schedule by
starting earlier or working later, or both, such Employee shall receive a
twenty-five (25) minute rest or meal period for any work period which exceeds
six (6) hours of work preceding or following his scheduled meal period. Such
extra meal period will be on Company time and at a time reasonable to him and
suitable to the needs of the operation. In the event such additional
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period is not granted, he shall be paid time and one-half (1-1/2) pay in lieu
of the rest period in addition to pay for time actually worked.
(c) Assigned meal periods may be changed so long as the Employee is
notified of the change prior to the end of his preceding shift. A shift of the
starting time of up to one (1) hour in the scheduled meal period will not be
considered a change in the meal period. Similarly, a change in the starting time
of the meal period of more than one (1) hour, except when the change is made
prior to the end of the preceding shift, shall be considered a cancellation of
the meal period and overtime will apply. If an Employee works through his meal
period or if this period is cancelled, he shall be compensated for that hour as
overtime at the rate of time and one-half (1-1/2) which pay shall be in addition
to a penalty payment of five dollars ($5.00) for each occurrence. If an Employee
works up to one-half (1/2) of his scheduled meal period, such Employee will be
compensated for such time at time and one-half (1-1/2) pay, which pay shall be
in addition to a penalty payment of two dollars and fifty cents ($2.50) for
each occurrence.
5.11 Work shifts for technical Employees assigned to sign-on various media
will be scheduled so as to include sufficient time for checking and preparing
equipment for sign-on and work shifts for technical Employees assigned to
sign-offs will be scheduled so as to include sufficient time for the duties
involved in turning off equipment and otherwise securing same.
5.12 An Employee assigned to a shift which includes the hours of 1:30 a.m.
to 5:30 a.m. will receive a premium of 10% of his regular rate for all time
worked between 1:30 a.m. and 5:30 a.m., provided no other premium pay applies to
such hours.
5.13 There shall be no pyramiding of overtime, overtime pay or penalty
compensation. The maximum rate of pay shall be that which is called for in any
one circumstance covered in foregoing paragraphs, provisions of one paragraph
may not be used as base rate for computation for any other paragraph.
5.14 For all purposes under this Agreement, a television remote shall be
defined as any off the station premises production of a program or a segment of
a program which involves more than one (1) camera going to a common truck at the
remote site.
5.15 The Union and the Employees acknowledge that reasonable amounts of
overtime may be required to maintain efficient operations.
The Company will use all reasonable efforts to notify an Employee of
requirements to work overtime as early as possible. The Company will give
Employees who are requested to work overtime on their days off the opportunity
to turn down overtime provided other qualified Employees are available and
willing to work and it is practical to utilize them.
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6. HOLIDAY CREDIT, VACATIONS:
6.1 Employees not working the following holidays shall receive their
regular pay for: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day. To receive the holiday and compensation for
same, the employee must work his or her scheduled work days immediately prior
to and immediately after the holiday. The requirement of working the scheduled
days before and after the holiday shall not apply when the employee is absent
due to unforeseen, provable personal or family illness or due to bereavement
purposes. In the event that an employee works on a holiday, he shall also
receive one and one-half times his hourly rate for a normal shift on such
holiday.
6.2 Effective January 1, 1997, employees will earn and be eligible to
receive paid vacation during calendar year as follows:
IF EMPLOYED AT BEGINNING OF CALENDAR YEAR.
Less than 42 months service =2 weeks
42 months of service but less than 144 months =3 weeks
144 months or more =4 weeks
New employees hired subsequent to January 3, 1996 shall receive vacation
allotments to be earned and taken during their initial calendar year of
employment, based upon their hire date as follows:
If hired first quarter 7.5 days
If hired second quarter 5.0 days
If hired third quarter 2.5 days
If hired fourth quarter 0 days
6.3 (a) i. A vacation schedule form shall be posted on November 1 of each
year for the following year. Employees may pick and schedule appropriate
vacation time off in accordance with station policy, by seniority, until
December 15. After December 15, the proposed vacation schedule will become open
to all employees for selection purposes on a first come-first served basis. Up
to one week of vacation may be taken as single days, normally excluding days
during rating periods, subject to the operational needs of the station upon
advance approval of the department head.
Employees who quit during the year shall have their vacation allotment
prorated up to the date of employment termination.
ii. The Engineering and Production Department Employees shall be able
to go on vacation two (2) Employees at a time during the regular part of the
year, and three (3) at a time during the summer period. The News Department
Employees will be able to go on
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vacation one (1) Employee at a time during the year. News Department Employees
may take one (1) week of vacation as single days, other than during rating
periods and subject to normal vacation scheduling or if not so scheduled, at the
mutual convenience of the Employee and the Employer and subject to business
conditions.
6.4 (a) An Employee otherwise eligible, who is terminated for any reason
except dishonesty or who quits or who dies shall receive the vacation credit
earned and not taken during the then current year In order to receive accrued
vacation credit, an Employee who quits must give two (2) weeks notice in
writing. Failure to give such notice shall result in forfeiture of any accrued
vacation or holiday credit earned during the year in winch the Employee leaves.
Any Employee recalled during the year in which the Employee was laid off shall
earn vacation credit on the basis of one (1) day of vacation each full month
from the date of recall until the next calendar year accrual will be based on
work within the year of recall.
(b) Only for the purpose of establishing a vacation schedule, the
following shall apply:
TOTAL WEEKS OFF
CREDITED TIME AS OF ---------------
DECEMBER 31ST
-------------
Over 6 months less
than 42 months 3 weeks
Over 42 months less
than 144 months 4 weeks
144 months or more 5 weeks
6.5 An Employee must be informed prior to going on vacation when he shall
report back to work and to what shift he is being assigned for that first day
he returns to work.
6.6 If a scheduled vacation is disrupted, prior to commencement, due to
the Employee's illness, as below, death in the Employee's immediate family,
jury duty or military service, he shall be permitted to change his vacation or
the part affected to a mutually satisfactory period. For this section only,
illness is deemed to mean sickness for at least seven (7) days, which requires
a physicians attendance.
7. SICK LEAVE, LEAVE OF ABSENCE, BEREAVEMENT:
7.1 (a) The Company agrees to grant (10) working days sick leave per Year
at the regular rate of pay to full-time employees. During the full-time
employee's first year of employment he or she shall receive sick leave, based
upon his or her hire date, as follows:
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If hired first quarter 7.5 days
If hired second quarter 5 days
If hired third quarter 2.5 days
If hired fourth quarter 0 days
(b) Sick leave may be utilized for absences due to illness caused by
childbearing.
(c) In order to receive sick pay, the Employer may require a Doctor's
Certification. Should such a request be made and the Employee fails to present
such, the Employee will not be paid for the absence. If a Doctors Certificate is
required by the Company, the Company will reimburse the Employee for the
uninsured portion of the cost.
(d) Employees may "bank" up to a maximum of ten (10) unused sick days.
Such "banked" days may be used only after exhaustion of the employee's current
sick leave.
(e) During the first (1st) year of employment, an Employee may use
one (1) of his/her paid sick leave days for personal reasons after completion of
six (6) months of employment and shall be entitled to use an additional or
second (2nd) day of his sick leave for personal reasons after he has completed
his twelve (12) months of employment. Employees who have completed one (1) year
of service as of December 31 may use up to two (2) days of their paid sick leave
in each ensuing year for personal reasons. Such personal days may be scheduled,
subject to business conditions with a minimum of two (2) week advance notice,
except in situations where such notice could not be given that is, for a death
of a family member not covered by bereavement leave or to bereavement leave,
because of the hospitalization of a member of the Employee's household or as
sick leave days after exhaustion of current sick leave.
(f) Employees may use up to two (2) half-days of sick leave per year
when required to be absent from work to visit doctors or dentists.
(g) Sick pay shall have no value except as provided herein.
7.2 Upon written request of the employee, the Station may, in its
discretion grant unpaid leaves of absence for reasonable purposes, including
leave for union activity or other justifiable cause for specific periods up to
but not exceeding one year in duration. Such leaves shall be without pay or
benefits. Seniority shall be frozen during the term of the unpaid leave of
absence. Upon return to employment from such leave of absence, the employee
shall be given his former position, without loss of any benefits and the Station
may release the substitute employee from employment.
The Station will not be required to grant a leave of absence for union
activity to more than one employee at any time and for personal reasons
specified above to more than one employee
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at any time. In either instance, at least two weeks advance notice shall be
required from the employee in order for the Station to consider the request for
such leave of absence.
The Station will grant leaves of absence to qualified
employees for purposes covered under the Family Medical Leave Act, including
but not limited to, unpaid leaves of absence for personal illness or serious
family illness, etc. The parties will be governed by the provisions of the
Family Medical Leave Act with respect to rights and obligations for such
covered leaves of absence.
7.3 Employees shall be permitted to serve on jury duty. During the
first two (2) weeks of jury duty, the Employee shall receive his straight time
daily rate up to a maximum of forty (40) hours per week. Each day that an
Employee serves on jury duty shall be considered a day worked for purposes of
vacation and seniority credit. Employees called to jury duty, if not already on
a Monday to Friday day schedule, will revert to such a schedule. Such change in
schedule shall not result in premium pay under this Agreement to any Employee.
7.4 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 workdays only up to and including
the day of the funeral. If extensive travel is required in order to attend to
the funeral and other arrangements, the Station will grant the employee
additional time off, either as unpaid leave or, at the request of the employee,
in exchange for accrued vacation or unused sick leave which the employee may
have.
7.5 An Employee on sick leave, leave of absence, jury duty, or
bereavement leave shall ascertain, prior to the end of such period, when he
shall report for work.
8. ARBITRATION - CONTROVERSIES AND DISPUTES:
8.1 Should any dispute or grievance arise between the Company and
the Union regarding the meaning or application of any of the provisions of this
Agreement or should any other dispute arise hereunder, negotiations for their
settlement shall be conducted in the following manner.
8.2 The Company agrees to meet with a Grievance Committee, composed
of Employees regularly employed by the Company, for the purpose of adjusting
all disputes and grievances. Such a meeting of the Company and the Union's
Grievance Committee may be called by either party upon written notice to the
other within seventy-two (72) hours after the cause of the dispute or grievance
arose, and no dispute or grievance shall be considered unless such notice is
given within such time limit. Said meeting shall take place not later than
three(3) business days after issuance of said notice. Said notice shall contain
a concise statement of the facts giving rise to the dispute or grievance.
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8.3 Any dispute or grievance as described in 8.1 above that cannot
be resolved by the parties within ten (10) days after it has been submitted
under 8.2 above, shall be submitted to an impartial arbitrator, who shall be
appointed in accordance with the rules and regulations of the American
Arbitration Association. The decision of the arbitrator shall be final and
binding upon both parties. The fee of any such arbitrator shall be paid one-half
(1/2) by the Company and one-half (1/2) by the Union.
8.4 So long as the Company complies with the above provisions of
the grievance procedure, the Union will not authorize or direct its members to
strike or picket the Company in any manner whatsoever during the period of this
Union Agreement as long as the Company complies with the above provisions of
the grievance procedure. Likewise, the Company will not direct or authorize a
lock-out of Union members, as long as Union complies with the above provisions
of the grievance procedure.
8.5 When any member of the Committee for the Union are on duty and
are called upon to discuss with representatives of the company arising from any
condition of employment, said members of the Committee during such period of
discussion in reference to such labor problems will be paid their normal wage
rate by the Company. Except as provided in this Section (8.5), Union
representatives and/or Employees shall refrain from conducting any Union
business on Company time.
8.6 It is agreed that any and all claimed breaches of this
Agreement, whether alleged to have been committed by the Company, the Union or
their respective agents or officers, or by the Employees; and all grievances,
disputes, stoppages and any and all differences between the parties concerning
the interpretation or application of the provisions of this Agreement shall be
settled and determined exclusively through the process of collective bargaining
and if that fails, by the processes as herein provided.
8.7 The company recognizes the fact that the only agency which can
authorize a strike, stoppage or interruption or curtailment of operations for
Rochester Local 22 is the Executive Council of NABET. Neither Rochester Local 22
nor NABET shall be held liable for any of the actions of their officers or
agents and/or members, unless the Executive Council of NABET shall have
specifically authorized such actions, provided, however, that in the event of a
strike, stoppage or curtailment of operations that is not authorized by the
Executive Council of NABET, the said Executive Council shall take all reasonable
steps to end same promptly. Individual Employees will be liable for their
actions and subject to disciplinary action by the Company.
9. WAGES
GROUP I - ENGINEERS TECHNICIANS AND PHOTOGRAPHERS
9.1 All new full-time Employees shall be paid no less than $300.00
weekly effective June 1, 1996. This entry level rate shall remain in effect
throughout the term of this Agreement.
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(a) The wage rates of all Bargaining Unit Employees
(full-time) shall be increased as follows:
Effective June 1, 1996, all employees shall receive
a 4% increase in their base wage rate.
Effective June 1, 1997, all employees shall receive a
5% increase in their base wage rate.
Effective June 1, 1998, all employees shall receive
a 5% increase in their base wage rate.
Effective June 1, 1999, all employees shall receive a
4% increase in their base wage rate.
The above wage increases shall not prohibit the
Station from awarding merit pay raises or other increases above the minimum
increases set forth in this Agreement.
(b) Upon execution of the Agreement, there shall be paid
a single wage bonus of $500 to each full-time employee and $250 to each
part-time employee. This bonus is a one-time only payment and is not added to
the employee's base wage for computation of future increases.
(c) Eligible employees shall receive an additional bonus
within 15 days of the execution of the Agreement, representing the conversion
of accumulated but unused vacation leave for 1995 and the period commencing
January 1, 1996 through May 31, 1996. Such reimbursement is shown in Memorandum
of Agreement attached.
(d) Paid-time employees shall be paid a minimum hourly
rate during the term of the contract as follows:
Effective June 1, 1996 $7.25 per hour
Effective June 1, 1997 $7.61 per hour
Effective June 1, 1998 $8.00 per hour
Effective June 1, 1999 $8.31 per hour
GROUP II - SUPERVISORS - All individuals within Group II shall receive
eight percent (8%) above their wage rate during the term of the Agreement.
9.2 During the term of this Agreement, full-time Bargaining Unit
Employees shall be entitled to participate in the Blue Cross/Blue Shield and
Preferred Care Plans maintained by the Station for its non-union employees, or
equivalent plans. The Company shall continue to contribute toward the cost of
providing all such insurance at the same amounts as it is contributing as of
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May 31, 1996. Bargaining Unit Employee contribution rates shall remain the same
for such plans as in effect on May 31, 1996.
Increases in the cost of providing such health insurance plans
following June 1, 1996, in excess of the previous costs shall be allocated as
follows: Annually, the first 8% total increase in the cost of such premiums
shall be paid by the employee. Any increase above 8% up to 16% will be paid in
total by the employer. In the event the annual premium increase is greater than
16%, such increase shall be absorbed and paid on a 50-50 equal basis by the
bargaining unit employees and the Station.
DENTAL INSURANCE: During the term of this Agreement, bargaining unit
employees and their dependents shall be entitled to continue participation in
the dental plan maintained by the Station for its non-union employees, or
equivalent plans as in effect on May 31, 1996. The Company shall continue to
contribute toward the costs of providing all such insurance at the same amounts
as it is contributing as of May 31, 1996. Bargaining unit employee contribution
rates shall remain the same for such plans as in effect on May 31, 1996.
Increases in the cost of providing such dental insurance plans following June 1,
1996 in excess of the previous costs shall be allocated as follows: Annually,
the first 8% increase in the total cost of such premiums shall be paid by the
employer. Any increase above 8% up to 16% will be paid in total by the employee.
In the event the annual premium increase is greater than 16%, such increase
shall be absorbed and paid on a 50-50 equal basis by the bargaining unit
employee and the Station.
9.3 During the term of this Agreement, the Company will maintain
the life insurance, accidental death and dismemberment insurance short and
long-term disability insurance plans in effect on May 31, 1996, to the benefit
of the Employees.
9.4 If the Company changes carriers, it will notify Employees and
the Union prior to such change and will substitute substantially equivalent
plans without interruption of coverage.
9.5 Employees shall be eligible to participate in the Station's
401(k) savings plan wherein they may contribute, in accordance with the plan
specifications, up to 15% of their pre-tax earnings. In addition, the employer
will provide matching contributions to those made by the individual employees,
up to a maximum of 3% of salary. Participation in the 401(k) plan will be
dependent upon enrollment date requirements and minimum service eligibility as
contained in the employee handbook and summary plan description.
9.6 The parties acknowledge that during the course of
negotiations, they discussed retirement programs and other fringe benefits and
agreed to exclude the Employees covered by this agreement from any such
programs or benefits which are not explicitly provided for herein.
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10. TRANSFERS, SENIORITY, TERMINATION OF EMPLOYMENT:
10.1 When experienced Employees are transferred from one department
of the Company to the Technical Department, or if new Employees with experience
are hired, the Company, in its sole discretion, may make allowance for such
past experience by fixing a rate commensurate therewith in accordance with the
above pay scale.
10.2 (a) The Company agrees that individual seniority
computations, including rights to benefits based upon seniority, layoffs and
recall after lay-off, are to be based on years, or fractions thereof, of
full-time employment.
(b) The Company shall have the right to designate Group
II Employees, and in the event of a reduction of the number of Group II status
Employees or for just cause, the Company shall have the right to relieve such
Group II Employees of their Group II status and duties with corresponding
adjustments in pay. Such Company decisions shall not be subject to the
grievance and arbitration provisions of this Contract, provided such Company
decisions are not capricious or discriminatory.
10.3 In the event a permanent employee or employees must be laid
off because of insufficient work, relative ability to perform the work shall be
a contributing factor in deciding which employee shall be laid off. If relative
abilities are equal, then seniority within the job classification shall
prevail. In the event the selected employee has prior service with the Station
in another job or classification within the bargaining unit, such employee may
utilize that seniority to displace a less senior employee in such other job or
classification, as long as the employee can perform the functions of the job.
In the event that an employee displaces a less senior employee in a job
classification, such employee shall be allowed a trail period of up to sixty
(60) days to demonstrate that he or she can perform the functions of the
position in a satisfactory manner. The Station shall evaluate such performance
within thirty (30) days of the employee displacing the less senior employee,
and in performing such evaluation, shall receive, where possible, input from
the Group II supervisor. After such layoffs, recall to work shall be in the
reverse order; that is, the last Employee laid off on account of seniority
shall be the first to be recalled, provided such Employee is then capable of
and qualified to perform the available work. Employees shall be retained on the
seniority roster for one (1) year after layoff. The Company agrees to recall
during said period from said list before it hires any new Employees, provided
the Employees to be recalled are then capable of and qualified to perform the
available work. It is further provided that Employees shall be retained on the
seniority roster only until such time as they shall refuse a permanent position
which has been offered to them by the Company. The Company will be held to have
satisfied its obligations under this Section by making such offer in writing to
the Employees at the last address he has furnished the Company. If no reply is
received from the Company's written offer within fourteen (14) days, the
Employee will be held to have refused the offer. Employees so recalled within
such one (1) year period shall receive full credit for total years worked for
the Company exclusive of the period of the layoff, unless otherwise
specifically provided under the provisions applicable to any particular
benefit.
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10.4 Employees covered by this Agreement who are promoted to
positions in the Engineering Department of the Company outside the coverage of
this Agreement shall retain all of their seniority rights accrued up to the
time of leaving the unit, and shall be permitted to exercise their seniority
rights and to return to the unit with the above seniority provided they do so
within one-hundred-twenty (120) days following the promotion. (This provision
does not apply to persons presently promoted outside the coverage of the
Agreement.)
10.5 Employees hired specifically for vacation relief, Employees
hired to temporarily fill a vacancy, or as a substitute for an Employee on a
leave of absence, shall be considered temporary Employees for a period not to
exceed one-hundred-eighty (180) work days in a calendar year and shall not
accrue seniority. The Company shall notify the Union no later than thirty (30)
days after the hiring of a temporary Employee. If such notice is not sent by
the Company, then such an Employee shall be regarded as a permanent Employee.
Any temporary Employee retained more than one-hundred-eighty (180) work days in
the employ of the Company shall be considered a permanent Employee and his
seniority shall date back to the last date of hire. The wages of such Employees
shall not be less than one-hundred eighty dollars ($180.00) per week. Temporary
Employees on vacation relief shall be exempt from the provisions of Sections
5.4, 5.5, 6.1, 6.2, 6.3, 9.3 and 9.4. The Company may assign up to four (4)
regular Employees to cover vacation schedules. Regular Employees, if so
assigned, shall receive a fee of ten dollars ($10.00) per week, in addition to
their regular salary, for each week so assigned and the restrictions of Section
5.5 shall not apply.
10.6 No Employee may be disciplined or discharged except for cause,
including but not limited to disloyalty, dishonesty, inability to do his work
properly, inefficiency, unproper conduct, violation of established rules. The
Company shall have the absolute right to discharge an Employee for cause, and
shall notify either Xxxxxxx of any such discharge. The Stewards shall have the
right to question such discharge only on the ground that it was not for cause.
10.7 An Employee who desires to leave the Company shall give two
(2) weeks written notice to the Company. The failure to give such notice shall
result in the forfeiture of vacation and holiday credit entitlement as provided
in Section 6.2. The Company shall give four (4) weeks notice or four (4) week
pay in lieu of notice to any Employee whom it lays off as part of a reduction
of force. All other discharges may be immediate without notice or additional
pay.
10.8 In the event of layoffs resulting from technological
improvements, the following procedures shall be followed:
(a) The Employee shall be given three (3) months notice
of such layoffs and when released from employment shall receive severance pay
as follows:
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Length of Full-Time Service Severance Pay Equal
--------------------------- -------------------
6-12 months 1 week basic salary
12-24 months 3 weeks basic salary
24-36 months 5 weeks basic salary
36-48 months 7 weeks basic salary
48-72 months 9 weeks basic salary
72-120 months 12 weeks basic salary
120 months or more 15 weeks basic salary
(b) It is understood that the provisions of this Section
are intended to be used only in case of change from technological improvements.
Reduction of force attributable to other causes, such as reduction in hours of
operation or deletion of certain programs, shall not be covered by the
provisions of this Section.
(c) See Appendix B for Seniority List.
11. TECHNICAL EQUIPMENT:
11.1 Employees within the bargaining unit will be employed,
consistent with their normal job duties, and may operate technical equipment
previously and traditionally performed as bargaining unit work. However, the
foregoing shall not, in any manner, prohibit other employees of the Station
from being permitted by the Company, in its discretion, from operating such
technical equipment from time to time. Such operation of technical equipment by
non-bargaining unit employees shall be used to supplement, but not supplant,
bargaining unit employees from performing regular work associated with their
classifications.
11.2 Any program, including live or taped remotes, over five (5)
minutes in duration, produced and originated by WROC-TV within a fifty (50)
mile radius of the WROC-TV studios for exclusive telecast on WROC-TV must be
produced with WROC-TV employed technicians performing the duties covered by
this Contract, provided unit personnel are qualified and available to perform
the work in question.
12. TIME AND TRAVEL ALLOWANCE:
12.1 When sent out of the city in which the studios or transmitters
of the Employer are located, on assignments requiring him to remain away
overnight, an Employee shall be credited with one (1) eight (8) hour shift for
each and every day he is away on such assignment. If his actual work in any one
(1) day exceeds more than eight (8) hours time, he shall be credited with such
additional time and shall be compensated for such additional time at the rate
of time and one-half (1 1/2) the regular rate of pay.
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12.2 Travel expenses for actual live broadcasts or recordings for
broadcast or audition shall be provided by the Company. Payment for the use of
employee auto shall be at the Internal Revenue Service rate of reimbursement.
Employees must have a valid New York State driver's license to operate any
Company-owned vehicles, and in the event of using their own personal vehicle,
proof of adequate insurance in force is required. No Employee shall be required
to use his car or any other station employee's car as a condition of employment
13. DUTIES:
13.1 The duties of unit Employees for the purpose of this Agreement
shall be defined as the non-exclusive operation, maintenance and construction
of the technical equipment as noted in Article 11.
13.2 (a) Bargaining unit employees may be required to perform
other related duties as assigned by the Station, but will not be required to
regularly perform duties not reasonably compatible with their vocations or
their abilities. The Station will not assign any work or duties to bargaining
unit employees where there exists danger or bodily injury or known conditions
detrimental to health.
(b) Where operating errors occur while an Employee is
performing multiple job functions, such facts shall be considered in
extenuation of the errors. The Company further agrees to assign multiple job
functions on a reasonable basis.
13.3 No Employee shall be required to furnish equipment or
supplies.
13.4 (a) It is agreed that the Company will not require
Employees to drive unsafe station vehicles or to work under unsafe conditions.
The Company agrees that a Safety Committee shall be established. The Committee
shall consist of at least one (1) member of management and one (1) member of
the Union. If the Committee agrees that a condition is unsafe, Employees will
not be required to work under that condition until it is corrected.
(b) Any station vehicle that is unregistered or uninsured
or uninspected will not be driven by any Employee under any circumstances. Any
tickets received for violations above shall be the responsibility of the
Company and not the Employee.
13.5 Except as modified by Article 11, it is agreed by the Company
that the scope of the normal duties of the Employees shall include all
operations and maintenance duties as well as duties of construction, assembly,
setting up, placement, handling, moving, transporting or storage related to or
performed in conjunction with the following:
Sound effects and video camera and dolly operations; film
camera operations including film audio, film cutting,
processing, splicing, retouching and videotape editing if done
by the Company; television
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recording (videotaping), film and slide projection (including
front and rear screen projection); studio and set lighting and
light direction, audio and video control operations;
transmitter operations, stage and studio sets and properties,
vehicle operation (only when it is a mobile transmitter or
vehicle designed exclusively for operating or moving
technical equipment); television prompting equipment
(telecue), automatic logging equipment, cue cards for
prompting (off camera); and Employees assigned to perform
floor work or camera operations will have the additional duty
of cueing artists, actors, and announcers who are performing
in the studio or at remote locations.
Such duties may be modified in accordance with Section 13.2
above.
13.6 A technician from the crew will be assigned as Technical
Director during rehearsals and broadcast of programs requiring the services of
four (4) or more technicians. The Technical Director shall:
(a) see to it that the crew is in the studio (or studio
control room) as scheduled.
(b) That his crew is properly assigned to cover the many
aspects of a live production, including but not limited to, camera set up and
operation, lighting, collecting and setting up props as scheduled or as
requested of the Technical Director by the producer, audio operation including
the securing and auditioning of all audio material to be used, xxxx placement,
etc.
(c) That any scheduled studio time not actually assigned
or used in the set up, production, rehearsal, or telecast of a live production,
be used as training sessions to further acquaint the crew members with the
camera operations, lighting, and other "routines" as he may select or as may be
assigned by supervisory technical personnel.
(d) Receive a fee of four dollars ($4.00) per day for
each day so assigned unless such Technical Director is already a Group II
Employee.
(e) The Technical Director shall also be responsible to
perform other related duties as assigned by the Station.
13.7 The duties of Group II Employees shall be: general supervision
and direction of technicians, not including hiring and/or firing, but may
include but not be limited to, issuing operating instructions, direction of
installation where necessary, installation operation, and maintenance of
technical equipment as defined herein. Group II Employees shall also schedule
work hours if so delegated by Management. However, scheduling is totally
subject to management approval. In addition, Group II Employees shall be
responsible for operational preparation, planning and performance during the
tour of duty. Group II Employees shall direct the work of the technicians
assigned to them and direct the solution of routine problems with respect to
NABET
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personnel and facilities assignments). Group II Employees may assign or
reassign NABET personnel to meet station requirements subject to Management
direction and control. Group II Employees may recommend and/or impose
discipline up to but not including discharge.
13.8 If the Company temporarily upgrades a Group I Employee to
Group II status, for reasons such as, but not limited to, temporarily filling a
vacancy, covering for vacations or absences, or if it deems supervision is
appropriate on a shift when a Group II Employee is not scheduled to work, such
Employee shall receive a fee of seven dollars and fifty cents ($7.50) per shift
for each shift so assigned, provided that this paragraph may not be used by the
Company as a device to permanently reduce the number of Group II Employees on
staff below two (2).
13.9 The Company agrees that it will make reasonable efforts to
schedule a fifteen (15) minute period in advance of any live television show in
which no Employees will be assigned rehearsal or video taping duties.
13.10 Except for promotional purposes and/or integral program parts
(introduction, promotion and transition), technical Employees will not be
required as a condition of employment to present themselves to public
appearance or display by television.
13.11 Bargaining unit employees may be assigned for photographing
and editing news footage and may perform the function of asking questions of
subjects to obtain sound bites, etc. One-man crews may be used to set up and
operate live microwave equipment.
13.12 Editing may be performed by Directors, Promotions Manager,
Assistant Promotions Manager, Anchors, Reporters or Producers.
14. MINIMUM EMPLOYEE COMPLEMENT:
During the term of this Agreement, the minimum full-time employee complement
for the bargaining unit shall be 28 employees.
15. TERM OF AGREEMENT:
15.1 This Agreement shall become effective on June 1, 1996, and
shall continue in full force and effect through 3:00 a.m. May 31, 2000. At the
expiration date of this Agreement, this Agreement shall be automatically
renewed from year to year unless at least sixty (60) days prior thereto, or
prior to the end of any subsequent yearly period, as the case may be, either
party gives written notice to the other of any intention to modify, amend or
terminate the Agreement as of the end of such yearly period. In the event that
such notice is given, the Agreement will be deemed terminated as of the end of
such period.
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15.2 Whenever notice is given under Section 15.1 above by either
party of proposed changes and negotiations thereon have not resulted in an
Agreement by the expiration date, either party may serve upon the other a
twelve (12) broadcast hour written notice terminating this Agreement, the terms
and provisions of the Agreement shall continue in full force and effect until
the expiration of said twelve (12) hour period.
15.3 It is the desire and intention of the parties to reach a
mutually satisfactory solution of their common problems, and the parties hereby
agree that they will consult and cooperate with each other in respect to any
matters covered by this Agreement, and that controversies arising hereunder
shall be promptly and amicably settled or disposed of.
IN WITNESS WHEREOF, THIS AGREEMENT has been executed on behalf of the
parties hereto by their respective officers, thereunto duly authorized on the
day and year above written.
/s/ XXXXXXX XXXX 7/22/96 /s/ XXXX XXXXXXX
----------------------------------- --------------------------------------
Xxxxxxx Xxxx Xxxx Xxxxxxx
on Behalf of Local 22, NABET General Manager (WROC-TV)
/s/ XXXXX XXXXX
-----------------------------------
Xxxxx Xxxxx
International Representative, NABET
APPROVED:
[ILLEGIBLE]
-----------------------------------
International President, NABET
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