1
EXHIBIT 10.23
COLLECTIVE BARGAINING AGREEMENT
between
TELEVISION STATION PARTNERS
(for Station WROC -- TV)
Company
and
AMERICAN FEDERATION OF TELEVISION AND
RADIO ARTISTS (AFL-CIO)
Union
Effective June 1, 1993 through May 31, 1996
2
TABLE OF CONTENTS
PAGE
----
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1 - Recognition . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Supervisors of Producer -
Directors . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Supervisors of Staff Artists . . . . . . . . . . . . . . . . 2
1.4 Management Appearances . . . . . . . . . . . . . . . . . . . 2
1.5 Applicability . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 2 - AFTRA Membership . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Union Security . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Acceptance into AFTRA
Membership . . . . . . . . . . . . . . . . . . . . . . . . 4
2.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 Notification of Non-
Membership . . . . . . . . . . . . . . . . . . . . . . . . 4
2.6 Checkoff . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.7 Indemnification . . . . . . . . . . . . . . . . . . . . . . . 5
2.8 Union Representatives . . . . . . . . . . . . . . . . . . . . 5
SECTION 3 - Strikes and Picketing . . . . . . . . . . . . . . . . . . . . 5
3.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 4 - Minimum Terms and Conditions . . . . . . . . . . . . . . . . 6
4.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION 5 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.1 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 7
5.2 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . 8
5.3 Survival of Grievances . . . . . . . . . . . . . . . . . . . 8
5.4 Right of Visitation . . . . . . . . . . . . . . . . . . . . . 8
SECTION 6 - Leave of Absence . . . . . . . . . . . . . . . . . . . . . . 9
6.1 Military Leave . . . . . . . . . . . . . . . . . . . . . . . 9
6.2 Pregnancy Leave . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 7 - Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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TABLE OF CONTENTS
(cont'd)
PAGE
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SECTION 8 - Management Rights . . . . . . . . . . . . . . . . . . . . . . 10
8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 9 - Application of Fees . . . . . . . . . . . . . . . . . . . . . 11
9.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9.2 Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . 11
9.3 Commercials . . . . . . . . . . . . . . . . . . . . . . . . . 11
9.4 Network Programming . . . . . . . . . . . . . . . . . . . . . 12
9.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9.6 Prerecorded Broadcasts . . . . . . . . . . . . . . . . . . . 12
9.7 Further Exclusions . . . . . . . . . . . . . . . . . . . . . 12
SECTION 10 - Special Television Provisions . . . . . . . . . . . . . . . . 13
10.1 Use of Videotape for Reference, File Audition, Trailer,
Promotional, and Out-of-City Purposes . . . . . . . . . . . 13
10.2 Unfair Provisions . . . . . . . . . . . . . . . . . . . . . . 13
10.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10.4 Incidental Rehearsal. . . . . . . . . . . . . . . . . . . . . 14
10.5 Wardrobe Provision . . . . . . . . . . . . . . . . . . . . . 14
SECTION 11 - Television Fees . . . . . . . . . . . . . . . . . . . . . . . 14
11.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 12 - Assignments . . . . . . . . . . . . . . . . . . . . . . . . . 15
12.1 Interchangeability . . . . . . . . . . . . . . . . . . . . . 15
12.2 Staff Artists' Assignments . . . . . . . . . . . . . . . . . 15
12.3 Producer-Directors' Assignments . . . . . . . . . . . . . . . 16
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TABLE OF CONTENTS
(cont'd)
PAGE
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SECTION 13 - Staff Wages . . . . . . . . . . . . . . . . . . . . . . . . . 17
13.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . 18
Anchorperson . . . . . . . . . . . . . . . . . . . . . . . . 18
Specialty Announcer . . . . . . . . . . . . . . . . . . . . . 19
Producer-Director . . . . . . . . . . . . . . . . . . . . . . 19
Announcer-Reporter . . . . . . . . . . . . . . . . . . . . . 19
SECTION 14 - Hours of Work, Special Provisions, Meal
Period, Transportation, Etc . . . . . . . . . . . . . . . . 20
14.1 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . 20
14.2 Special Provisions Covering
(i) Part-time or Trainee Employees . . . . . . . . . . . . . . 21
14.2
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14.3 Length of Staff Stretch . . . . . . . . . . . . . . . . . . . 22
14.4 Meal Periods . . . . . . . . . . . . . . . . . . . . . . . . 22
14.5 Rest Between Staff Stretches . . . . . . . . . . . . . . . . 22
14.6 Transportation . . . . . . . . . . . . . . . . . . . . . . . 22
14.7 Travel Time . . . . . . . . . . . . . . . . . . . . . . . . . 23
14.8 Bureaus . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
14.9 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . 23
14.10 Vacations and Holidays . . . . . . . . . . . . . . . . . . . 24
14.11 Termination of Employment . . . . . . . . . . . . . . . . . . 25
14.12 Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
14.13 Assignments and Competitive Auditions . . . . . . . . . . . . 28
14.14 Pay for Auditions and Performance on Programs . . . . . . . . 28
14.15 Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14.16 Other Services . . . . . . . . . . . . . . . . . . . . . . . 30
14.17 Schedule Changes . . . . . . . . . . . . . . . . . . . . . . 30
14.18 Health Insurance . . . . . . . . . . . . . . . . . . . . . . 30
14.19 Retirement and Other Fringe Benefit Programs . . . . . . . . 32
14.20 Life Insurance . . . . . . . . . . . . . . . . . . . . . . . 32
14.21 Bereavement Pay . . . . . . . . . . . . . . . . . . . . . . . 32
SECTION 15 - Equal Opportunity . . . . . . . . . . . . . . . . . . . . . . 32
15.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
SECTION 16 - Conformance with Law . . . . . . . . . . . . . . . . . . . . 32
16.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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TABLE OF CONTENTS
(cont'd)
PAGE
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SECTION 17 - Term of Agreement . . . . . . . . . . . . . . . . . . . . . . 33
17.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
TSP d/b/a WROC TV 8 and ROCHESTER LOCAL SIDE AGREEMENT . . . . . . . . . . . 35
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PREAMBLE
Agreement made as of the 1st day of June, 1993 by and between the AMERICAN
FEDERATION OF TELEVISION AND RADIO ARTISTS (A.F.L.- C.I.O.), having its
principal office at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and its
ROCHESTER-LOCAL, party of the first part (hereinafter referred to as "AFTRA"),
bargaining representative for performing artists (talent) and producers, and
TELEVISION STATION PARTNERS, L.P. - Channel 8, party of the second part
(hereinafter called "Station" or "Company"), owning and operating station
WROC-TV having its principal office at 000 Xxxxxxxx Xxxxxx, Xxxxxxxxx, Xxx Xxxx
00000 (hereinafter referred to as the "Station").
In consideration of the covenants and agreements herein contained, it is
agreed as follows:
SECTION 1
RECOGNITION
1.1 The Company recognizes AFTRA as the exclusive collective bargaining
representative for all persons who appear physically or vocally before the
microphone or camera who are or hereafter will be employed by the Company at
the Station during the life of this Agreement (all such persons being
hereinafter referred to collectively as "Artists"); and for all television
producers who are or hereafter will be employed by the Company at the Station
during the life of this Agreement (all such persons being hereinafter referred
to collectively as "Producers-Directors"), but excluding accounting, clerical,
technical, sales, maintenance, and confidential employees, and guards and
supervisors as defined by the National Labor Relations Act (hereinafter
referred to as "Act") as amended.
1.2 Supervisors of Producer-Directors. Any supervisor who works as a
television Producer-Director who spends more than twenty hours per work week,
or more than fifty percent (50%) of his work time on production, shall be
deemed to be a staff Producer-Director and subject to all terms and conditions
of this Agreement relating to staff Producers. In any event, no supervisor
shall act as a staff Producer-Director except to replace a regular staff
Producer-Director who is absent due to: illness, vacation, leave of absence,
failure of assigned Producer-Director to appear for duty for any reason, in
case of other emergencies; or except if such work is performed by a supervisory
production manager or program manager. For the purposes of the last stated
exception the parties agree: (1) the Company shall designate and advise the
Union which
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one of the employees in these two classifications shall perform such work and
such designation shall not be changed except upon one week's notice; (2) such
work shall be limited to a maximum of fifteen (15) hours per week or until the
end of a non-regularly scheduled program which has begun during these hours,
e.g. an election or a disaster; 3) this exception shall not be used in a manner
to directly cause the layoff of a bargaining unit Producer-Director.
1.3 Supervisors of Staff Artists. Any supervisor who works as a staff
Artist who spends more than twenty (20) hours per workweek, or more than fifty
percent (50%) of his work time on announcing shall be deemed to be a staff
Artist and subject to all terms and conditions of this Agreement relating to
staff Artists. In any event no supervisor shall act as a staff Artist except to
replace a regular staff Artist who is absent due to: illness, vacation, leave
of absence, failure or assigned Artist to appear for duty for any reason, in
case of other emergencies, or except if such work is performed by a supervisory
news director.
1.4 Management Appearances. Any member of the management or ownership of
the Company, may appear on any of the Company's facilities at any time under
the following provisions:
(a) Such member of management may appear without staff Artist present
to do programs in the nature of station editorials.
(b) Emergencies and conditions including Acts of God and other
situations which are provided in Section 1 and Section 12, paragraph 2(a).
1.5 Applicability. The provisions of this Agreement shall be applicable to
said Rochester, New York facility of the Company.
SECTION 2
AFTRA MEMBERSHIP
2.1 Union Security. All Artists and Producer-Directors (except otherwise
herein provided) now or hereafter employed by the Company during the life of
this Agreement shall, not later than 31 days following the beginning of such
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employment or the effective date of this Agreement, whichever is later, be or
become members of AFTRA during the life of this Agreement as a condition of
continued employment. Any person who appears with regularity on any program of
the Station and who performs on such program duties which could normally be
performed by an Artist (in his respective category) shall be or become a member
of AFTRA subject to the conditions and limitations contained in the Act, as
amended, except that the provisions of this paragraph shall not apply to:
(a) Professional Appearances. Persons who appear on a single broadcast
or series of special broadcasts encompassed in a period of less than 30 days;
or experts and professionals, such as clergymen, physicians and lawyers,
speaking on subjects limited to and pertaining to their own fields, provided
that they do not perform the functions of commercial announcers; or public
figures appearing as such public figures without remuneration on programs of a
public service or significant public interest nature; or public figures
appearing as moderator on panel discussion programs, involving other public
members, in which the subject is of public nature; a traveling representative
of a company appearing as demonstrator for a certain product or products and
employed by the company whose product or products he is demonstrating for a 30
day period; and occasional nonprofessional guests, such as local leaders, civic
leaders and housewives.
(b) Interns. Interns who work at the Station as part of their school
curriculum provided: (1) no more than three (3) interns may appear in any
month; (2) no individual intern may appear more than three (3) times during
his/her internship; and (3) no more than three (3) interns may be engaged in
performing bargaining unit work at any time. If an intern is dispatched with
instructions to ask questions, it will be considered an appearance.
(c) Advertisers. Any bona fide, full time employee of an advertiser
using the Company's facilities may perform the services of a commercial
announcer, including lead-ins, introductions, closings, and similar functions
incidental thereto on an occasional program sponsored by his employer.
2.2 It is understood and agreed that Artists employed by the Company shall
not be required to appear on any program of the Station with any person who is
required to be a member of
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AFTRA hereunder and who fails to obtain such membership, unless AFTRA by
written waiver shall consent to such failure to become a member of AFTRA;
provided that this shall apply only with respect to persons whose failure to
obtain membership is based on their not having tendered their initiation fees
and periodic dues.
2.3 Acceptance into AFTRA Membership. AFTRA agrees to accept as a member
any Artist, Producer-Director or person covered by paragraph 2.1 of this
Agreement that the Company wishes to employ or use, subject to the imposition
of terms and penalties in the case of members suspended or expelled by AFTRA.
AFTRA further agrees that such membership will be available to any Artist or
person on the same terms and conditions generally applicable to other members,
that it will not impose unreasonble entrance fees, dues or assessments, nor
will it impose dues and initiation fees or penalties or other conditions not
uniformly required as a condition of acquiring or retaining membership. In the
event AFTRA should refuse membership to an Artist or person the Station wishes
to employ or use, such refusal shall not affect the privilege of the Station to
employ or use such Artist or person, so long as such Artist or person tenders
initiation fees and periodic dues, and shall not excuse other members of AFTRA
from appearing on a program with such Artist or person.
2.4 The provisions of Sections 1 and 2 of this Agreement shall apply with
equal force and effect to any Artist engaged or employed at the Station whether
hired directly or indirectly by the Company on behalf of itself or its
sponsors, advertising agencies, independent contractors, or outside producers
using the facilities of the Station; provided, however, that this paragraph in
no way establishes a liability or responsibility for the Company to investigate
the AFTRA membership of any person appearing live or on film, videotape, or
transcription produced by others than the Company.
2.5 Notification of Non-Membership. In order to aid in the enforcement of
this Article, the Station should give notice to the Rochester Local of all new
hires into the unit within 30 days of hire. Upon notification in writing by
AFTRA, the Company will terminate, within ten (10) days, any person covered by
this Agreement who fails to maintain AFTRA membership requirements as permitted
under the Act, as amended.
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2.6 Checkoff. The Company will deduct Union dues from the first (1st) pay
period in each month for each new employee joining the Union following
completion of his initial thirty-one (31) day period and present Union member
employees who complete, in duplicate, a lawful application authorizing monthly
deduction of Union dues.
2.7 Indemnification. The Union shall indemnify and save the Company
harmless against any and all claims, demands, suits, or other forms of liability
that shall arise out of or by the reason of action taken or not taken by the
Station for the purpose of complying with any of the provisions of this Section
or in reliance on any list, notice, or assignment furnished under any such
provisions.
2.8 Union Representatives. The Company agrees that only the
following persons and no others shall be deemed to be agents of AFTRA for the
purpose of administering this Agreement:
National Executive Director
National Representative, or
Rochester AFTRA Local Executive Director
and such other persons as may hereafter be designated by AFTRA by written
notice delivered to the Company. The Rochester AFTRA local shall from time to
time furnish the Stations' management with a list showing the names of the
officers of the local Union and the Union representation (shop xxxxxxx) at the
Station. There shall be no more than one shop xxxxxxx and one assistant shop
xxxxxxx to fill in when the xxxxxxx is absent, representing AFTRA employees.
SECTION 3
STRIKES AND PICKETING
3.1 During the term of this Agreement AFTRA guarantees on behalf of
itself and each of its members that there will be no strike of any kind,
boycott, picketing, work stoppage, or any other type of organized interference,
coercive or otherwise, with the Company's operations.
3.2 In the event of any strike, boycott, picketing, work stoppage, or any
other type of interferences with the Company's operations which is not
authorized by AFTRA, the Company agrees
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that there shall be no liability on the part of National or Local AFTRA or any
of their officers or agents, provided that in the event of such unauthorized
action AFTRA first meets all the following conditions:
(a) AFTRA shall declare publicly that such action is unauthorized.
(b) AFTRA shall promptly order its members to return to work or to
cease such unauthorized action, notwithstanding the existence of any picket
line.
(c) AFTRA shall not question the unqualified right of the Company to
discipline or discharge employees engaging in, participating in or encouraging
such unauthorized action after AFTRA has taken the action in (a) and (b) above.
It is understood that such disciplinary action or discharge by the Company
shall be final and binding upon AFTRA and its members and shall in no case be
construed as a violation by the Company of any provision of this Agreement,
provided that an issue of fact as to whether or not any particular employee has
engaged in, participated in, or encouraged any such violation may be subject
to the arbitration provisions of Section 5 hereof.
(d) During a strike by any other labor organization no AFTRA member
shall be assigned to, or requested to, perform any of the duties normally
performed by the striking employees.
SECTION 4
MINIMUM TERMS AND CONDITIONS
4.1 The Company agrees that the minimum terms and conditions governing
the employment of Artists and Producer-Directors of the Station are those
contained in Sections 11, 12, 13, 14 and the Company agrees that it will not
enter into any contract with, or employ any staff Artist upon terms and
conditions less favorable to the Artist or Producer-Director than those set
forth in these Sections. The parties agree that at no time shall any duty owed
by AFTRA's members to the Company require such member to work for less than
such minimum terms and conditions and the Company agrees that it will not
require any AFTRA member to work for less than the said minimum wages. No
refusal to work for less than the said minimum terms and conditions, whether or
not directly by
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AFTRA, shall constitute a breach of this Agreement by AFTRA, or a breach of any
individual member's contract. Such refusal to work shall not be deemed a
termination of this Agreement and this Agreement shall nevertheless remain in
full force and effect, and the dispute settled according to Section 5 of said
Agreement.
4.2 The minimums established by the Agreement shall be net to the Artist,
except for withholdings or deductions which are required by law, and voluntary
deductions for hospitalization, insurance, Relief-Association plans, Union dues
and such other deductions as may be agreed to by AFTRA.
SECTION 5
5.1 Grievance Procedure. Subject to Section 9(a) of the Labor Management
Relations Act of 1947, should any difference or dispute arise between the
Company and the Union as to the interpretation or application of the provisions
of this Agreement, there shall be no suspension of work, stoppage, slowdown or
lockout on account of such differences or disputes, but an xxxxxxx and good
faith effort shall be made by the parties to settle such differences or
disputes immediately in the following manner:
(a) STEP ONE: The Shop Xxxxxxx shall discuss any differences or
disputes orally with the Department Head within fifteen (15) days after the
occurrence which gave rise to the difference or dispute. If the difference or
dispute cannot be settled to the satisfaction of the parties within ten (10)
days after it was first discussed as above, it shall, within fifteen (15) days
after first discussed as above, be reduced to writing and submitted to Step Two.
(b) STEP TWO: The written grievance will be submitted to the Station
General Manager or a designated representative. The Station General Manager and
the Union Executive Secretary or their designated representatives shall meet
promptly to discuss and settle such grievance. If such grievance cannot be
settled it may be submitted to arbitration by the Union or the Company under
the provisions of Paragraph 5.2 of this Section. Such referral of any grievance
from this Step Two to arbitration shall be in writing and within a thirty (30)
day time limit from date of written grievance, unless the time limit is
extended by mutual agreement in writing.
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(c) Any specific grievance not filed or appealed within the specified
time limits of Steps One and Two, shall be deemed to have been foreclosed and
not subject to further consideration. Such foreclosures shall not establish
precedent for future cases for either party.
5.2 Arbitration. The Union or the Company shall have the right to refer to
an impartial Arbitrator any differences which have not been satisfactorily
adjusted by means of the Steps established in Paragraph 5.1 of this Section,
and within the time limits specified.
(a) When the services of an impartial Arbitrator are required, the
Arbitrator shall be chosen from a list or lists to be submitted by the American
Arbitration Association. The decision of the Arbitrator so chosen shall be
final and binding on the parties. The Arbitrator shall have no right to add to,
subtract from, alter, or in any way modify the terms and conditions of this
Agreement, nor to issue an award of back pay or any other damages retroactive
to a date more than sixty (60) days prior to the date the grievance referred to
herein was filed.
(b) The compensation and expenses, under the rules of the American
Arbitration Association (AAA), of the impartial Arbitrator shall be shared
equally by the Company and the Union. Each party shall be responsible for
payment of its own witnesses.
(c) No more than one (1) grievance shall be submitted to an Arbitrator
for determination at one time unless a mutual written agreement of the parties
is obtained for the submission of multiple grievances to the same Arbitrator.
Grievances of a similar nature on the same subject may be combined for one
arbitration.
5.3 Survival of Grievances. If the Company or AFTRA or any AFTRA
member feels aggrieved by any act, omission, neglect, misfeasance, malfeasance
or nonfeasance which has taken place in whole or in part during the term of
this Agreement, the provisions of Sections 5.1 and 5.2 shall survive the
termination of this Agreement for a period of thirty (30) days and shall
constitute the sole and exclusive remedy therefor.
5.4 Right of Visitation. Any duly authorized representatives of AFTRA
shall be admitted to the premises of
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the Station at any reasonable time for the purpose of determining the
maintenance of salaries, fees, and other conditions agreed to hereby, provided
that any such representative shall notify the applicable General Manager or his
management representative prior to said visit and comply with all rules and
regulations of the Company while on its premises. Not more than two (2) AFTRA
representatives will be admitted at each visit. Visits shall not include the
right to inspect Company's official records.
SECTION 6
LEAVE OF ABSENCE
6.1 Military Leave. Artists or Producer-Directors who have heretofore or
may hereafter enter the armed services of the United States of America shall be
entitled to all the protection and benefits afforded by any laws effective in
relation thereto, and this Agreement shall be deemed subject to the provisions
of any such law.
All staff Artists and Producer-Directors (other than those employed on a
temporary basis) submitting proof of having been called for military service,
will be granted a leave of absence for the duration of such service. This
Section shall not apply to Artists or Producer-Directors who voluntarily enter
military service.
Such employees who have not taken a vacation which has been earned will be
paid for the earned vacation.
6.2 Pregnancy Leave. Leave of absence for pregnancy shall be covered by
applicable law.
SECTION 7
WAIVERS
7.1 Waivers or releases of any of the provisions of this Agreement shall
be null and void as far as any AFTRA member is concerned, unless AFTRA's prior
approval is first had and obtained, except as hereinafter provided.
7.2 AFTRA agrees to waive the provisions of this Agreement with respect to
programs, and persons employed as Artists, in
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each and all of the following cases:
(a) Bona fide amateurs employed in accordance with the present custom
of the industry, on a bona fide amateur program, or amateur episodes or
sketches in another program where the amateur nature of the performance is
clearly indicated.
(b) Singing groups, such as glee clubs, choirs, or choruses of
philanthropic, civic, nonprofit, education or religious organizations.
(c) Persons employed because of a reputation acquired in fields other
than those covered by the Associated Actors and Artists of America.
(d) Programs of a religious, charitable, educational or civic nature,
produced by nonprofit organizations, and not requiring the services of
professional actors and singers.
(e) Foreign language programs featuring ethnic folk art and
information of interest to their respective communities.
(f) Bona fide employees of advertisers as described in Section 2.1.
(g) Interns as described in Section 2.1.
7.3 The waivers set forth in sub-paragraphs (a) through (g) shall not be
used by the Company in a manner calculated to evade the object of this
Agreement or to reduce the employment of AFTRA artists.
SECTION 8
MANAGEMENT RIGHTS
8.1 The Company, except as explicitly abridged by any provision of this
Agreement, reserves and retains exclusively all of its normal and inherent
rights with respect to the Management of the business, whether exercised or
not, including but not limited to its rights to determine, and from time to
time redetermine, the number, location, and type of its operation and location,
and the methods, processes, and materials to be employed, to introduce new and
improved
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methods; to discontinue conduct of its business or operations in whole or in
part; to select and direct the working forces in accordance with the
requirements determined by Management to be necessary to the orderly,
efficient, and economical operation of the business, such measures to be
administered without discrimination against any employee. Management reserves
the right to maintain and require methods of record keeping.
SECTION 9
APPLICATION OF FEES
9.1 Application of fees shall be paid in accordance with the schedules and
conditions described under Sections 11 and 13, respectively.
9.2 Exclusions. There shall be no fees due and paid to Artists and/or
Producer-Directors for work performed:
(a) During the broadcast of live programs and/or announcements,
commercial or sustaining, when such broadcasts are scheduled coincident with
employees scheduled hours of work except as limited by this Agreement.
(b) During the recording of programs and/or commercial announcements
when such recording is scheduled coincident with employees' scheduled hours of
work. This shall not preclude payment of fees to Artists for recorded
commercial programs and/or commercial announcements scheduled for more than one
repeat broadcast except as limited by this Agreement.
(c) During the live presentation or recording of public service and/or
public affairs type programs and announcements coincident with employees'
scheduled hours of work, fees will not be paid for multiple broadcasts of such
programs and/or announcements.
(d) During the live presentation of Station's promotion announcements
coincident with employees' scheduled hours of work, fees will not be paid for
multiple broadcasts of such announcements on local stations. This shall include
Station Identification Announcements.
9.3 Commercials. Non-staff Artists who have been specifically selected and
chosen by an advertiser to perform
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live or recorded commercial programs and/or announcements will be compensated
in accordance with Sections 11 and 13 hereof.
9.4 Network Programming. Any network programming originating at the
Station shall be paid in conformity with applicable AFTRA code.
9.5 When video stories are sold to a network or cable system, the
artist(s) involved in that story are entitled to a minimum of 1/3 of the
payment. When the station is not paid for the story, the artist is not entitled
to any payment. If a newscast is simulcast or replayed on a cable system or a
network and the station does not receive cash compensation, the artists are not
entitled to any extra fee or payments. If the station is to be given cash
compensation, the artist(s) and the station shall negotiate appropriate talent
fees.
9.6 Prerecorded Broadcasts. All fees, or other applicable compensation set
forth herein, shall be payable whether the broadcast is live, film, videotape
or otherwise prerecorded or prepared in advance of the actual time of the
broadcast. This applies with equal force and effect to programs, dramatized
commercials, or other broadcast inserts, except as clearly and explicitly
abridged by this Agreement.
9.7 Further Exclusions. Artists performing announcements provided in
exchange for merchandise or services (generally referred to as reciprocal
barter agreements) used solely in connection with Station's audience
development, program, business or personality promotions in the form of prize
awards or remembrance advertising, shall not be entitled to fees.
Promotion announcements, whether or not they include a sponsorship mention
are not to be considered as commercials and
18
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no fee shall be payable thereon. For purposes of this Agreement, promotion
announcements shall be defined as those announcements, for which no revenue is
derived by the Company, which are offered to sponsors of commercial programs,
or featurettes in the form of "program plus" or "cross plugs" as an incentive
for sale; announcements in connection with joint station-client promotions
wherein client provides merchandise or services in exchange for attendant
publicity, and station receives no actual revenue therefrom; it being
understood, however, that if cash expenditures are involved on the part of the
client, that fees shall be paid on the basis of announcements and/or programs
covered by such cash expenditures in accordance with normal published
advertising rates. The Company agrees not to alter basic rate structures for
the primary purpose of avoiding payment of fees.
SECTION 10
SPECIAL TELEVISION PROVISIONS
10.1 Use of Videotape for Reference, File Audition, Trailer, Promotional,
and Out-of-City Purposes.
Videotape recordings of live local programs and excerpts therefrom may be
used only under the following conditions, in no other way and for no other
purposes:
(a) Videotape recordings and excerpts therefrom may be used for
reference and private audition for prospective sponsors and their agencies.
(b) Excepts from videotape recordings of not more than one minute in
length may be used on television and in theatres for trailer and promotional
purposes.
(c) Any videotape programs or commercials recorded at WROC-TV directly
by WROC-TV for use on any television station(s) outside the city of Rochester,
New York shall be governed by the applicable AFTRA Code provided, however, that
WROC-TV shall not be responsible or liable for the enforcement of said Code.
10.2 Unfair Provisions. Station agrees that it has notice that this
Agreement represents the minimum terms and working conditions for Artists and
Producer-Directors employed at the Station. Anyone representing the Station
engaging employees in
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these fields who breaches or violates conditions of the Agreement may be
regarded as unfair and employees covered by this Agreement may be instructed
not to work for anyone who is unfair. This paragraph is a statement by the
Company that it has notice of the facts stated in this paragraph, and goes no
further.
10.3 Anyone representing the Station who engages employees covered by this
Agreement who is declared to be unfair by any branch of the Associated Actors
and Artists of America, upon action taken by the 4 A.s or AFTRA, may be
declared unfair by AFTRA and Artists may be instructed not to work for any such
person. Employees may not be required to take direction from anyone who has
been declared unfair under this provision.
10.4 Incidental Rehearsal. Any time, authorized by the Company, spent by
an employee in obtaining wardrobe, or wigs, or fittings therefor, and time
authorized by the Company spent on makeup or wardrobe for the rehearsal or
performance shall be considered as rehearsal or staff stretch time.
10.5 Wardrobe Provision. The Station agrees to provide or compensate any
Artist for any special clothing or costume required by the Station for their
work.
SECTION 11
TELEVISION FEES
11.1 Staff Artists will be paid in accordance with the schedule below, as
appropriate, for recorded audio and videotape commercial announcements.
COMMERCIAL TAPING FEES:
Length of Commercial
Announcement/Announcements 13 Week Unlimited Use
-------------------------- ---------------------------------
Voice Only On Camera
---------- ---------
10 seconds or less $6.45 $16.00
11-60 seconds 16.00 50.00
61-120 seconds 20.00 55.00
Tags any length - unlimited use 2.70
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11.2 Fees are effective on the first broadcast date and are paid to the
Artists the first (1st) day after the end of the standard broadcast month
billing date.
11.3 Artists and/or Producer-Directors performing commercial announcements
or tags live in shift during emergency situations will not be entitled to fees.
11.4 All multi-station and multi-city commercials will be made and paid
for in compliance with applicable AFTRA national and/or local code for Artists,
except as otherwise agreed to by the Station and AFTRA. Producer/Directors will
be paid $15.00 for producing/directing commercial announcements airing on other
stations effective with the first broadcast date only. No staff Artist or
Producer-Director will be required to produce or perform on multi-city
commercials, made by parties other than WROC-TV.
SECTION 12
ASSIGNMENTS
12.1 Interchangeability. At the discretion of management, Artists may be
assigned to perform services normally rendered by Producer-Directors and
Producer-Directors may be assigned to perform services normally rendered by
Artists subject to the applicable terms and conditions of the Agreement for the
respective category. However, in no event shall any Artist or Producer-Director
perform the services of both Artist and Producer-Director simultaneously in the
same broadcast.
12.2 Staff Artists' Assignments.
(a) Except in cases of emergency or as provided in Section 12.1 and
Sections 1 and 2, only staff Artists shall perform the regular duties of staff
Artists, provided that supervisors may continue to perform on programs on which
they have been assigned thereto on the basis of an agency or advertiser
audition or upon specific request of the agency or advertiser or where a
program(s) has been specifically built for use of his particular talents, but a
supervisor shall not perform as a substitute during overtime.
(b) Nonstaff Artists may be assigned to any program(s) in the
discretion of the Station, subject to the following conditions:
21
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That whenever a nonstaff Artist, other than the news director, is used
on a television broadcast, except foreign language programs and play-by-play
descriptions of sporting events, a staff Artist shall also be assigned to such
broadcast, with requisite salary, overtime, and/or fee payments; said fee
payments to be based on the category in staff Artists' fee schedule in which
the performance by the nonstaff Artist falls.
(c) The Company agrees that it will not use the "Interchangeability"
clauses in this contract, or in the absence of clauses requiring specific
number of Artists and/or Producer-Directors to be assigned at any time, for the
purpose of staff reduction.
(d) Wherever feasible and practicable, assignments shall be made on
the basis of advertiser or agency request. It is definitely understood,
however, that under no circumstances shall any Artists at any time solicit any
advertiser or agency to select him or her for specific announcement(s) or
program(s) without the prior knowledge and permission of Station's Management.
12.3 Producer-Director Assignments.
(a) Except in cases of emergency or as provided in Paragraphs 1.2, 1.3
and l2.1, only staff or supervisory Producer-Directors shall perform the
regular duties of staff Producer-Directors.
(b) The Station shall assign a staff or supervisory Producer-Director
to each local live camera television broadcast and at least one
Producer-Director shall be on duty at all times that the Station is
broadcasting local live camera television programs or originating a network
broadcast, except that the Station shall have the exclusive right to determine
whether or not a Producer-Director need be assigned to live programs or
announcements scheduled prior to 6:00 P.M. or until the end of a non-regularly
scheduled program which has begun before 6:00 P.M., e.g. an election or a
disaster, and after 11:30 P.M.
(c) The Station shall have the absolute right to assign any staff
Producer-Director to any particular broadcast, make whatever changes in
assignments as it deems proper from time to time, except that every effort
will be made to make such assignment on an equitable basis within the limits of
the Station's overall production requirements.
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(d) Wherever feasible and practicable, assignments shall be made on
the basis of advertiser or agency request. It is definitely understood,
however, that under no circumstances shall any Producer-Director, at any time,
solicit any advertiser or agency to select him or her for specific
announcement(s) or program(s) without the prior knowledge and permission of
Station Management.
SECTION 13
STAFF WAGES
13.1 a. (i) The Company agrees to pay each Staff Artist and
Producer/Director the following minimum wages for hours worked in the category
assigned by management:
Category
ANCHOR PERSON $547/wk
SPECIALTY ANNOUNCER 513/wk.
PRODUCER-DIRECTOR 538/wk.
ANNOUNCER-REPORTER 456/wk.
(ii) Effective June 1, 1995, the Company agrees .to pay each staff,
artist and producer/'director the following minimum wages for hours worked in
the category assigned by management:
Category
ANCHOR PERSON $580/wk.
SPECIALTY ANNOUNCER 543/wk.
PRODUCER-DIRECTOR 570/wk.
ANNOUNCER-REPORTER 485/wk.
Provided:
b. (i) Each employee hired on or after June 1, 1990, shall be employed
at an initial wage which is not less than 77% of the minimum set forth above
for their category.
(ii) Effective June 1, 1995, each employee shall be employed at a wage
which is not less than 80% of the minimum set forth for their category.
23
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(iii) The initial wage rate provided in this Section shall be paid
even though the employee is serving as a probationary employee in accordance
with Section 14.11.
c. Employees not on personal service contracts shall receive increases
on their employment anniversary dates of 3 1/2% during the period 6/1/93 -
5/31/94; and increase of 3 1/2% on their anniversary date during the period
6/1/94 - 5/31/95; and 3% on their anniversary dates during the period from
6/1/95 - 5/31/96. This entire section shall not apply to any individual
employed under a personal service agreement.
d. The rates set forth in this Agreement are minimum rates and nothing
herein shall prohibit the Station and any individual employee from entering
into a personal services contract providing wages, terms and conditions more
favorable to the employee than those contained herein.
e. Anchorpersons will receive a program fee of $22.26 per newscast,
5:00 p.m. to signoff, for newscasts of not less than thirty (30) minutes nor
more than forty-five (45) minutes, and $36.87 per program for newscasts of more
than forty-five (45) minutes.
f. Specialty announcers will receive a program fee of $11.18 per
newcast, 5:00 p.m. to signoff, for newscasts of not less than thirty (30)
minutes nor more than forty-five (45) minutes.
g. Any artist performing a program of not less than thirty (30)
minutes nor more than forty-five (45) minutes in length scheduled in the
broadcast day part, sign on to 5:00 p.m., will be paid $7.44 per program.
h. Any artist performing a program of less than thirty (30) minutes
but more than three (3) minutes in length will be paid $4.85 per program.
i. Any artist substituting for another shall receive the applicable
program fee at the substitute's regular rate of pay. If no fee is applicable,
the artist will receive the higher rate of pay.
13.2 Definitions
ANCHORPERSON: Primary duties include, but are not limited to, performance
of at least one on-camera news program of at
24
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least thirty (30) minutes at length, per day, Monday through Friday, within the
broad daypart of 5 P.M. to sign-off, and preparation of the material as
assigned, for such program(s).
SPECIALTY ANNOUNCER: Primary duties include, but are not necessarily
limited to, presentation of specialized program(s), including, but not limited
to, sports information, weather forecasts and reports, business news, consumer
reports and information, farm reports and information, and entertainment
industry critiques, on camera during regularly scheduled newscasts as assigned
by the Station, Monday through Friday, within the broad daypart of 5 P.M. to
sign-off, and preparation of material as assigned for such programs.
PRODUCER-DIRECTOR: Primary duties are to provide the service(s) of
Producer-Director of any program or production, commercial, sustaining of
public affairs type assigned by the Station during scheduled stretch.
ANNOUNCER-REPORTER: Duties include, but are not limited to, such services
as may be necessary for the program and production requirements of the Station,
including but not limited to, researching, gathering, writing, rewriting or
editing, and/or reporting news on film, tape or live and transmitting such
reports via phone lines and/or microwave, two-way radios or direct broadcast
and interviewing persons by such means; operation of journalism equipment;
reporting on-the-air in or out of the studio by tape or live in the case of
late breaking story(s), panel shows, interviews or as a second newscaster when
a principal newscaster or news Anchorperson is present; maintenance of records;
announcing television programs of all types; making live or tape station
identification announcements, time signals, weather reports, station sign-on
and sign-off, program opening, bridges, closings, commercial, promotional and
public service announcements; assignment Monday through Friday as a substitute
and/or replacement for an Anchorperson, Specialty announcer or other artist who
is absent due to illness, vacation, leave of absence, failure of assigned
Anchorperson, Specialty Announcer or Artist to appear for duty for any reason,
or in case of emergency; weekend news anchoring, weekend news specialty
announcing, program hosting or anchoring of regularly scheduled programs, and
other related duties as may be assigned, and such other services as the
programs requirements necessitate.
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SECTION 14
HOURS OF WORK, SPECIAL PROVISIONS, MEAL PERIOD,
TRANSPORTATION, ETC.
14.1 Hours of work.
(a) The workweek of staff Artists shall consist of forty (40) hours in
five (5) workdays, with each workday to consist of not more than nine (9)
consecutive hours, including one (1) hour for meal time; provided, however,
that the Company may require the rendition of services for more than forty (40)
hours or more than five (5) days or for more than eight (8) hours per workday,
subject to the payment of overtime as hereinafter provided. The regularly
scheduled workweek shall begin at 3:01 A.M. on Monday and shall consist of
seven consecutive days ending 3:00 A.M. the following Monday. Days off shall be
scheduled consecutively, but not necessarily within the same work week.
(b) Overtime at the rate of one and one-half (1-1/2) times the regular
rate of pay shall be paid for assigned or scheduled hours worked in excess of
eight (8) hours per day or forty (40) hours in the workweek. Premium pay shall
also be paid for work during the twelve (12) hour rest between shifts unless
the employee and Station have agreed to provide for a ten (10) hour rest period
in accordance with Section 14.5. Duties performed on the sixth (6th)
consecutive day of work shall be at the rate of 1-1/2 times the regular rate of
pay. A minimum assignment of two (2) hours will be provided for employees
called back to staff work on the employee's scheduled workday. A minimum
assignment of four (4) hours will be provided for employees called back to
staff work on the day the employee is scheduled to be off. However, in the
event overtime hours are contiguous to the staff stretch, overtime payments
shall be for the hours actually worked, but in no event for units less than 15
minutes.
(c) Overtime at the rate of two (2) times the regular rate of pay
shall be paid for all hours worked in excess of twelve (12) during the workday.
Duties performed on the seventh (7th) consecutive day of work shall be at the
rate of two (2) times the regular rate of pay. Staff Artists who work between
the hours of 1:30 A.M. and 5:00 A.M. shall be paid for such time at the rate of
two (2) times their regular rate of pay. The rates in this paragraph apply
except as modified by other provisions for this Section.
26
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(d) Payment of overtime rates shall not be duplicated for the same
hours worked, but the higher of the applicable rates shall be used to prevent
pyramiding. Premiums do not apply when with Management's consent, scheduling is
for an employee's own convenience. Sixth and seventh consecutive day overtime
payments are exempt during two scheduled changes per 12 month period beginning
June 1 of any year per employee for the convenience or requirement of the
Station.
14.2 (i) Special Provisions Covering Part-time or Trainee Employees. The
Company may employ part-time artists and Producer-Directors, who may perform
any of the duties of Artists or Producer-Directors. The minimum call in for
part-time employees shall be four (4) hours. The maximum hours for each
employee shall be eight (8) hours per day and twenty-four (24) hours per week.
Wages earned shall be at the applicable rate times the number of hours worked.
Part-time employees shall not be eligible for the benefits provided under
Section 14.8 or 14.17. They shall receive pro rata benefits under Section 14.9.
The number of part-time compared to full-time Producer-Directors employed shall
not exceed 1 to 3, 2 to 6, 3 to 8, 4 to 12. The number of part-time compared to
full-time Artists (specialty announcers and announcer reporters as a group)
employed shall not exceed 1 to 3, 2 to 6, 3 to 8, 4 to 12. An additional two
(2) part-time Artists may be added between May 15 and September 30 solely for
the purpose of replacing staff Artists on vacation. The latter part-time
Artists shall not replace the absent staff Artists, but will perform the duties
of whichever staff Artists replaces the absent staff Artist.
14.2 (ii) Notwithstanding the provisions of this Section 14.2, the Station
may employ individuals to perform voice-over or other voice announcements in
connection with public service announcements or advertisements produced by the
Station on a freelance basis. There shall be no minimum hours for either daily
or weekly services required of such announcers. The announcers shall receive
an amount not less than the entry level hourly rate for an announcer. The
Station agrees to use its best efforts to utilize the services of members of
AFTRA on a freelance basis under this provision and AFTRA agrees to use its
best efforts in assisting in the identification of recruitment of such talent.
In the event the Station requires the services of a particular voice or a
particular type of voice, and AFTRA is unable to adequately provide such
talent,
27
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the Station shall be free to recruit individuals not members of AFTRA and such
individuals shall not automatically be subject to the provisions of the union's
security premium of the contract.
14.3 Length of Staff Stretch. The number of hours worked in any day by any
employee shall consist of the number of hours worked invervening between the
beginning of his/her assignment to perform staff duties on each of the days
during that particular week of which such workweek is part, and the conclusion
of his/her last assignment to perform staff duties on each of said days,
excluding one (1) hour for meals when assigned, such period being referred to
as the "staff stretch."
14.4 Meal Periods . The Company may assign a meal period of not more than
one (1) hour in each full working day. Meal periods so assigned and permitted
shall be excluded in the computation of elapsed time of the staff stretch. No
meal period shall be scheduled on any day consisting of less than five (5)
elapsed hours, but the Company agrees to allow a meal period on any day
consisting of five (5) hours or more. The said meal period shall not be
scheduled within the first two (2) hours or the last two (2) hours of the staff
stretch, except when emergencies or other extraordinary program requirements
make the same necessary. If a meal period is scheduled during the first two (2)
or the last two (2) hours of a staff stretch, as defined above, one (1) hour
straight time shall be paid, but such payment shall not be considered as
additional time worked for the purpose of determining overtime for the day
and/or week.
14.5 Rest Between Staff Stretches. The first staff assignment of any
employee on any day begins no sooner than ten (10) hours after the conclusion
of his/her last staff assignment on the preceding day, provided, however, that
the requirements shall not apply in the event of emergencies, special event
programs, or other extraordinary program requirements, but in all such cases,
the overtime pay provisions of this Agreement, where applicable, shall govern.
14.6 Transportation The Company agrees to provide appropriate
transportation to employees required to travel and to allow them money
sufficient to cover expenses. Where employees, with the consent of the Company,
use their own car in connection with such traveling, they shall receive not
less
28
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than twenty and one-half (20-1/2) cents per mile for the expense of operating
their car, but in any event they shall be paid a minimum travel expense of one
dollar and fifty cents ($1.50) per day.
The Company agrees that it will not require any employee to use their
automobile without their consent.
14.7 Travel Time Employees shall be credited with the following time
allowances:
(a) When sent out of the city on an assignment which requires him/her
to remain away overnight, he/she shall be credited with not less than one eight
(8) hour shift for each and every day he/she is away on such assignment. All
time spent in traveling up to eight (8) hours in any one day exclusive of the
time from midnight to 8:00 A.M. when sleeping accommodations are furnished shall
be considered as time worked.
(b) When sent out of the Station's premises on an assignment which
requires him/her to return to the point from which he/she started on the same
workday, he/she shall be credited with the total elapsed time spent on such
assignment.
14.8 Bureaus. For purposes of Sections 14.6 and 14.7, an employee
regularly assigned to a Bureau which is within 35 miles of the Station's
transmitter shall be deemed to be employed at the Bureau.
14.9 Sick Leave. Full time employees will be reimbursed at their regular
wage rate for absences totaling up to ten (10) scheduled work days in any
employment year when the absence is due to illness. If an employee is absent
due to illness beyond four (4) working days in an employment year, the Company
reserves the right to request of the employee a signed doctor's statement. If
requested, the doctor may be selected by the Station. His/her fee, to the
extent that it is not covered by insurance, will be paid for by the Station.
Such a statement, if requested, will be required before any wage payments for
the absentee period are made. Each employee may take three (3) personal days in
lieu of three (3) of the ten sick days provided above with six (6) days' prior
notice to the Station. The Station may decline to grant such a personal day off
if the employee has already taken one (1) during a rating period or if another
employee has already been granted permission to take a
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personal day off on the day requested. These limitations will not apply in the
event of a personal emergency, such as a death in the employee's immediate
family. Each employee may accumulate and "bank" up to a total of fifteen (15)
days of unused sick leave. Such fifteen (15) days of accumulated sick leave may
be built over a period of years but in no event shall more than fifteen (15)
days be carried forward from one year to the next. The Bank may be used only
for extended illness, after the employee's current year entitlement is
exhausted and will be paid for only on medical proof.
New employees will not earn nor receive sick leave during their
probationary periods.
14.10 Vacations and Holidays. Staff Artists or Producer-Directors with
continuous service of six (6) months or more shall receive two (2) weeks
vacation with pay; staff Artists or Producer-Directors with continuous service
of one (1) year or more shall receive three (3) weeks vacation with pay; staff
Artists with continuous service of five (5) years or more shall receive four
(4) weeks vacation with pay; staff Artists and Producer-Directors with
continuous service of fifteen (15) years or more shall receive five (5) weeks
vacation with pay. Part-time employees who have worked at least 750 hours in
the preceding year shall be eligible for vacation benefits consistent with
their Years of continuous service and based upon their normal work week. The
weeks of paid vacation paid to part-time employees shall be calculated on the
basis of their average weekly pay in the preceding year.
In consideration of the vacation provided herein, no staff Artist or
Producer-Director who works on holidays, Sundays or evenings shall receive
extra pay, compensation or other benefits for such work. Seniority shall govern
in assignment of vacation schedules. Vacations will be taken in one (1) week
periods except with prior Company approval for other arrangements. The final
right to schedule vacations is retained by the Company to assure the orderly
operation of the business.
The Company will allow artists to, take up to five days vacation or
personal days during the two week period preceding November, February and May
ratings periods.
Staff Artists entitled to two (2) weeks vacation shall take such vacation
during the six (6) month period following their entitlement. Such staff Artist,
upon attaining service of one (1) year, shall be entitled to one (1) week
vacation during the next six (6) months and two (2) weeks during the ensuing
six (6) months. Thereafter, vacation entitlement shall be taken on a calendar
year basis.
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Staff Artists shall accumulate vacation entitlement during the time worked
for calculation of termination, lay off or other separation benefits as set
forth in this Agreement based on the following formula:
Vacation Entitlement Accrual
2 weeks 0.83 days per month worked
3 weeks 1.25 days per month worked
4 weeks 1.66 days per month worked
5 weeks 2.08 days per month worked
14.11 Termination of Employment.
(a) 1. The Company agrees not to terminate employment in violation of the
Act nor to terminate employment except for just cause as, insubordination,
misconduct, incompetence, nonqualification or for the purpose of reemploying an
employee (on leave of absence) upon his/her separation from the armed services
of the United States of America, in accordance with the UMT Act.
2. When the termination is because of insubordination or misconduct,
the Company need give no notice or termination pay. When the termination
is because of incompetence or non-qualification, the Company shall give
the affected employee four (4) weeks written notice or two (2) weeks
termination pay.
3. In addition, when termination is because of nonqualification, an
employee so separated is paid severance pay in accordance with the
provisions of subparagraph e.
4. An employee shall give the Company two (2) weeks written notice of
his/her intent to terminate his/her employment with the Company.
(b) 1. For the purposes of Paragraph 14.11, nonqualification is deemed
to mean: That the Artist's or Producer-Director's professional performance
is generally such that it significantly limits his/her usefulness to the
Company as measured by either his/her past performance or by the performance of
other employees having similar responsibilities
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or by the then current requirements of taste, talent, style, and fashion
as established by sponsors, advertising agencies, listener or viewer
preference or programming demands. In the application of this cause for
an employee's severance, Station management shall be the interpreter of
these standards and any dispute over a severance shall not be subject to
arbitration, unless with regard to an employee with more than five (5)
years of service, management has failed within six (6) month preceding
the discharge to advise the employee of the deficiency in his/her
performance.
(c) No employee whose employment is terminated because of insubordination
or misconduct shall be entitled to any vacation or vacation pay beyond that
actually earned prior to time of termination of such employment. Employees
whose employment is terminated for any other reason, or who are laid off, shall
receive earned vacation or vacation pay, if any, at the time of such
termination.
(d) Where the Company desires to lay off employees for seasonal
inactivity, business decline or similar causes, or for purposes of reemployment
of a former employee upon his/her discharge from the armed services of the
United States of America, it shall give to any employee so laid off four (4)
weeks written notice or four (4) weeks' termination pay. Such layoffs shall be
on the basis of seniority, with consideration for ability. An employee so laid
off shall have preference in reemployment.
(e) Severance pay shall be paid to employees terminated for
nonqualification as provided in Paragraph 14(a) pursuant to the following terms
and conditions:
1. The amount of severance pay shall be two (2) times present base
wages per Week for each year of continuous employment with the Station,
up to a maximum of fourteen (14) weeks base pay.
2. "Continuous employment means the number of years from the last
date of hire computed from the date of hire to the closest anniversary
of said date. There shall be excluded from this computation time spent on
leave of absence for any reason including military. Date of hire is the
actual date of hire, subject to the provisions of Sections 1 and 2.
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3. Base wages per week is the actual amount paid to the employee just
before notice of severance for nonqualification, exclusive of fees and
any other extra compensation.
4. Severance payments hereunder shall in no way affect the employee's
rights to unemployment insurance benefits, and such benefits shall not be
set off against, or be deducted from, the amount of severance due the
employee hereunder.
5. Federal and State withholding taxes shall be deducted from the pay
or payments as required by law.
6. There shall be deducted from the total severance pay payable
herein, any amounts owing to the Company by the employee.
7. Severance pay shall be in addition to any payments in lieu of
vacation which the employee may have earned.
8. In the event of an employee's death between the time he/she is
notified of termination for nonqualification and the time he/she receives
all of the severance pay due him/her, any balance due shall be due to
his/her estate.
9. When severance pay is complete, the Company shall have no further
obligation of any kind to the employee and be/she shall forfeit all
seniority rights and any other privileges, rights, or benefits to which
he/she is or may-be entitled, except-those which are specifically
reserved. In the event he/she is reemployed he/she shall be deemed a new
hire. The foregoing shall include a release signed by the employee and
AFTRA upon the employee's receipt of severance pay, specifically waiving
or withdrawing any grievance under this Agreement.
10. In the event that a termination for nonqualification is grieved
through the grievance and arbitration procedure any monies payable
hereunder or offered to be paid hereunder shall be withheld until
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the final arbitrator's award or withdrawal of the grievance.
(f) Paragraphs a, b, c and of Section 14.11 are subject to grievance
and arbitration procedures except as set forth in this Agreement.
The provisions of Section 14.11 shall not be applicable to an employee
during the first three (3) months of his/her employment (six (6) months if
mutually agreeable to the employee, the Station and local unions) which period
shall be deemed to be the employee's probationary period. Termination of
employment during the probationary period shall be at the sole discretion of the
Station without resort to the grievance or arbitration procedure.
14.12 Safety. Without his consent, no Artist or Producer-Director shall be
required to perform duties not reasonably compatible with his vocation or where
there exists danger of bodily injuries or conditions detrimental to health.
14.13 Assignments and Competitive Auditions. The sponsor or advertising
agency shall have the right to select such Artist or Artists as are available.
In the event a sponsor or advertising agency does not wish to select an Artist,
the Company will recommend that a competitive audition be held. If the sponsor
or agency refuses to make a selection or to have an audition then Station
management may assign an Artist to the program or announcement in question.
When requested by a sponsor or advertising agency to submit a list of all staff
Artists available for any commercial program or announcement, the Company shall
submit a list of all staff Artists employed by it, other than those engaged for
programs or announcements advertising competitive products, or for a program
conflicting as to time, or those Artists under exclusive contracts) to another
sponsor or advertising agency. A copy of each such list shall be made available
to all staff Artists. Competitive auditions shall be held whenever requested by
a sponsor or advertising agency and prompt notice thereof given to all
contestants. Only staff Artists shall be permitted to compete in auditions.
14.14 Pay for Auditions and Performance on Programs. In case of auditions
outside staff stretch, for a commercial program or announcement, at which the
staff Artist appears at
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the specific request of the Company, he shall be paid at his/her normal
overtime rate.
14.15 Duties. Staff Artists shall render the following services which the
program requirements of the Company may necessitate:
(a) Keeping the program log and other required Company and/or FCC
documents.
(b) Performance of station identifications, time signals and all other
types of sustaining or commercial announcements; performing as talent on
sustaining, commercial or participating programs, preparing and performing on
musical programs, including selecting recordings and transcriptions for their
own programs, delivering them to appropriate control rooms for their own
programs, and preparing schedule sheets for their own use; delivering news and
sports programs and other regularly scheduled features, including gathering,
editing and writing such programs and features and performing on spot
announcements or personality features designed to promote programs on which
they are featured, for scheduling at the Station's discretion.
Subject to other provisions of this Agreement, performance of on-camera
programs, regardless of length, as assigned by the Station; services as may be
necessary for the programming and production requirements, including but not
limited to, gathering, preparation and/or delivery of any and all types of
material, prompter typewriting, operating journalism equipment, maintaining
written records, auditioning, public appearances, rehearsing, monitoring,
training other artists, rewriting and editing material from outside sources
such as wire services, newspapers, public relations handouts, etc.; determining
the activity of film cameramen/soundmen, film editors, videotape and audiotape
editors and other involved employees, operating as required, newsroom
equipment; assignment as a substitute as an Artist in any of the categories as
defined in Paragraph 13.2.
(c) Creative writing or original dramatic programs, or general
continuity writing assignments, shall not be considered staff duties, but may
be performed by Artists subject to individual negotiations with Company and/or
sponsor. It is understood that the preparation of material for these programs
on which specific Artists are themselves
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featured artists, or preparation of material for promotion of these programs,
does not fall within the meaning of the preceding sentence.
(d) Personal appearance for Station's promotion purposes when
requested by the Company shall be considered part of the staff Artist's duties.
If within the staff Artist's stretch, the Artist shall be paid only his
expense. If on the Artist's day off, the Artist shall be paid his expenses and
minimum of four (4) hours at overtime rates.
(e) Participating in Company auditions and giving voice auditions,
live or transcribed, for sales or promotion purposes.
14.16 Other Services: Acting or singing, personal appearances, writing,
producing, or other special services not covered by this Agreement shall be the
subject of individual bargaining between the Artist and the Company. Prior
Company approval must be obtained for all appearances and performances by staff
Artists, exclusive of services rendered to Company Station.
14.17 Schedule Changes. The Company agrees not to change the schedule of
any staff Artist at the request of a sponsor to enable him to secure the
services of an Artist at a fee lower than that which would be paid had such
change not been made.
If the Company, in the case of an emergency or because of some
extraordinary program requirements, requires a staff Artist to be absent from a
commercial program which nevertheless is broadcast, for which he regularly
receives a fee, the Company agrees to compensate the Artist for any loss in fee
which he may suffer as the result of the Company's withdrawal of the Artist
from such commercial program.
Hours of work shifts for the workweek shall be posted by noon of the day
five (5) days before the beginning of the workweek and shall not be changed by
the Station except to deal with events or matters that become known to the
Station following the time the schedule is required to be posted.
14.18 Insurance. The Company agrees to share the costs of Blue Cross/Blue
Shield hospital/medical insurance and Cigna dental insurance for full-time
Artists and Producer/Directors
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and their dependents, if any.
INSURANCE PREMIUMS
Blue Cross/Blue Shield:
1993 1994 1994 1994
Monthly Monthly Employer Employee
Premium Premium Contribution Contribution
Single 153.57 167.26 117.11 50.15
Family 330.53 363.79 254.60 109.19
Blue Choice:
Single 126.33 134.77 104.33 30.44
Sponsor 291.83 309.98 211.22 98.76
Family 336.25 357.15 202.63 154.52
Preferred Care
Single 127.09 134.62 104.34 30.28
Sponsor 292.27 309.61 232.25 77.36
Family 332.98 358.29 257.50 100.19
Any cost change, up or down, following the effective date of this
Agreement for the insurance premiums set out above will be shared equally by
the Company and the employee. In the event that the Company is required by any
law to contribute to a National Health Insurance Plan for its employees, the
insurance benefits will be revised to reflect nonduplication of benefits and
the employee and Company contributions.
The Company reserves the right to change the insurance carrier during the
life of this Agreement, providing the same benefits are extended to the
employees under a new carrier licensed by the State of New York. A thirty-day
notice of such change will be given to the Union.
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14.19 Retirement and Other Fringe Benefit- Programs. The Employer agrees
that upon sixty (60) days notice, it will sponsor a 401(k) Plan into which
bargaining unit employees may contribute. The cost of establishing and
administering the Plan shall be borne by the Union; provided, however, that the
Employer shall reimburse the Union for up to $500.00 of such cost in each
contract year.
14.20. After (90) days of employment each full time employee shall receive
life insurance coverage of $5,000 at the expense of the company.
14.21. Bereavement Pay. Employees will be paid up to three (3) days for
death and funerals in the immediate family. The immediate family shall include:
parents, step-parents, children, step-children, brother, sister, spouse and
mate living with employee. Employees will receive one (1) day with pay to
attend the funeral of grandparents, mother-in-law, father-in-law, and
grandchildren. Pay will be paid for regular work days only up to and including
the day of the funeral.
SECTION 15
EQUAL OPPORTUNITY
15.1 The parties agree to continue their policy of equal opportunity for
all employees in employment, promotion, demotion, transfer, layoff, recall and
disciplinary action, which will be applied without regard to race, creed,
color, age, sex, or national origin, disability, marital status, or sexual
orientation, and the parties will administer the provisions of this Agreement
without discrimination. The parties further agree to apply this Section to
marital status and disability, as those subjects are treated under New York
State law. Whenever a male or female pronoun is used in this Agreement, it
shall be deemed to apply equally to persons of both sexes.
SECTION 16
CONFORMANCE WITH LAW
16.1 If there are any valid provisions of law applicable to this Agreement
which are in conflict herewith, the provisions of this Agreement which conflict
therewith shall be deemed modified in conformity with the provisions of such
applicable
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law. If any provision of this Agreement, or the application of such provision
to any person or circumstances, shall be held invalid, the remainder of this
Agreement, or other than those as to which it is held invalid, shall not be
affected thereby.
SECTION 17
TERM OF AGREEMENT
17.1 This Agreement shall be known as the 1993-1996 AFTRA-WROC MINIMUM
BASIC AGREEMENT FOR TELEVISION AND RADIO ARTISTS AND PRODUCER-DIRECTORS. It
shall become effective June 1, 1993 and shall continue in effect through
sign-off of the Station on the broadcast day commencing May 31, 1996, and
thereafter it shall automatically continue in full force and effect for
additional one-year periods unless terminated by either party giving the other
at least sixty (60) days' written notice, by certified mail, prior to May 31,
1996, or any annual termination date thereafter.
17.2 The Company warrants that it operates the Station. The parties agree
that if the Company should transfer or assign the operation of the Station to
any third party or parties during the term of this Agreement as a result of any
action of any governmental agency immediately affecting the Company's operation
of the Station or in the event of the involuntary transfer or assignment, the
Company-need not require the transferee or assignee to assume the obligations
of this Agreement; and if the transferee does not assume such obligations,
AFTRA and its members shall be free of all obligations hereunder; but all other
cases of transfer or assignment of the Station shall require the transferee or
assignee to assume, for the benefit of AFTRA and its members, the obligations
of this Agreement.
17.3 The Company agrees that this Agreement is subject to approval by the
National Board of AFTRA and does not go into effect until countersigned by the
AFTRA National Executive Director.
IN WITNESS WHEREOF, this Agreement has been executed in behalf of the
parties thereto by their respective officers, thereunto duly authorized, on the
I day of June 1993. (Final approved contract was signed in January 1995).
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AMERICAN FEDERATION OF TELEVISION TELEVISION STATION PARTNERS,
AND RADIO ARTISTS INC.
By: /s/ XXXXX XXXXXX By: /s/ XXXX X. XXXXXX
-------------------------------- -----------------------------------
Xxxxx Xxxxxx, AFTRA Shop Xxxxxxx Xxxx X. Xxxxxx, VP & General Manager
By: By:
-------------------------------- -----------------------------------
By: By:
-------------------------------- -----------------------------------
APPROVED: AFTRA NATIONAL BOARD
By: /s/ XXXXX X. ZOULE
--------------------------------
DATE: 1/30/95
