Editor's note / Introduction
For many years (at least 12), WSKG Public TV & Radio management has used the NABET/CWA Local 26 Union Contract as an excuse for excluding community producers from the public airwaves.
There are several things I find very odd about this, not the least of which is that this assertion is incorrect. See for yourself.
Here is this
WSKG Union Contract w/NABET-CWA Local 26
From this page:
http://nabet-cwa26.tripod.com/id13.html
Interesting bits highlighted by BH
Analysis forthcoming....
WSKG Contract
AGREEMENT BETWEEN
WSKG PUBLIC TELECOMMUNICATIONS COUNCIL
(WSKG-RADIO AND TV) AND NABET/CWA, AFL-CIO
July 1, 2003 to June 30, 2006
TABLE OF CONTENTS
Page
1.0 Agreement/Recognition 1
1.A Effective Date 2
2.0 Management Rights 2
3.0 Definitions 2
4.0 Strikes, Lockouts 4
5.0 Union Membership/Checkoff 4
6.0 Probation 5
6.A Other Than Full-Time Employees 6
7.0 Grievances/Arbitration 8
8.0 Hours of Work 10
9.0 Rest Periods 12
10.0 Duties and Jurisdiction 13
11.0 Outside Employment 15
12.0 Seniority and Seniority Rights 15
13.0 Disciplinary Action /Discharge 17
14.0 Remotes, Commercial Broadcasts and/or Productions 17
15.0 Travel 19
16.0 Holidays 20
17.0 Vacations 20
18.0 Sick Leave 21
19.0 Leave of Absence 22
20.0 Bereavement Leave 23
21.0 Jury Duty Leave 23
22.0 Military Leave 23
23.0 Insurance 23
24.0 Pension Plan 25
25.0 Safety 26
26.0 Equipment, Supplies 26
27.0 General Provisions 26
28.0 Non-Discrimination 29
29.0 Wages 29
30.0 Savings Clause 30
31.0 Term of Agreement 30
Table of Contents - continued
Attachments:
Page
Exhibit 1 Payroll Assignment and Deduction Authorization 32
Exhibit 2 Primary Functional Role Assignments by Seniority 34
Exhibit 3 Vacation/Sick Time Accrual Payment Policy 35
Exhibit 4 Policy for Section 15 (Travel Time/Mileage Payments) 36
Exhibit 5 Drug-Free Workplace Policy 37
Exhibit 6 Side Letter regarding Section 13.1 (Attendance Program) 40
dated July 1, 2003 and letter of clarification dated
July 11, 1995
Exhibit 7 Letter of Understanding regarding Section 3.6(b) 42
AGREEMENT/RECOGNITION
1.0 THIS AGREEMENT, made and entered into this 1st day of July, 2003 by and between WSKG Public Telecommunications Council, as owners and operators of WSKG-Radio and TV (hereinafter called the "Company"), with offices located at 601 Gates Road, Vestal, New York 13850 (P.O. Box 3000, Binghamton, New York 13902) and the National Association of Broadcast Employees and Technicians-Communication Workers of America, AFL-CIO (hereinafter called the "Union"), with offices located at 501 Third Street, NW, Suite 880, Washington, D.C. 20001.
1.1 It is the purpose of the parties hereto to set forth in this Agreement provisions covering rates of pay, hours of work, and conditions of employment to be observed by the parties hereto, and to provide a procedure for prompt and equitable adjustment of grievances so that there will be no interruptions, work stoppages, or strikes or other interferences with the business of the Company during the period of this Agreement.
1.2 The Company agrees to recognize and bargain collectively with the Union as certified by the National Labor Relations Board, in Case No. 3-RC-7815, wherein the Union is the exclusive bargaining representative for all full-time, regular, part-time, and temporary employees of the employer employed in the Radio/TV Engineering, Production and Programming Departments excluding volunteers, interns, guards, and supervisors as defined in the Act and all other employees.
1.3 The Company will not interfere with, restrain, or coerce the employees covered by this Agreement in their right to self-organization, to form, join, or assist the Union or to bargain collectively through the Union, and the right of the employees to refrain from any or all such activities except to the extent that such right may be affected by this Agreement so far as it may require membership in the Union as a condition of employment. The Company will not discriminate in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in the Union.
1.4 This Agreement shall be binding on the Company's successors or assigns during its full term, regardless of any change in ownership excepting a merger or consolidation with another public broadcasting entity in which case the Company and Union will renegotiate with respect to said merger or consolidation.
1.A EFFECTIVE DATE
1.A This Agreement shall become effective on the 1st day of July, 2003 and shall remain in effect until and including the 30th day of June, 2006 and from year to year unless changed or terminated in any manner hereinafter provided for.
2.0 MANAGEMENT RIGHTS
2.1 Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains solely and exclusively all of its inherent rights to operate and manage its business in all respects in accordance with its commitments and responsibilities whether such rights were previously exercised or not, and to make and alter from time to time rules and regulations to be observed by employees, including without limiting same to, the right to discontinue old methods and to initiate any technical change as well as any form or type of new method or procedures, to determine programs to be produced, distributed, or sold or services to be rendered or supplied; to determine the size of the working force; to determine policy affecting the selection or training of new employees; to hire and assign employees of its own selection and to determine the number to be employed; to extend, maintain, curtail, sell or terminate all or any part of the operations of the Company; to prepare job qualifications and establish job classifications; to assign and re-assign the work to be performed by employees; to establish and change work schedules; to transfer, promote, demote, layoff, terminate, or otherwise relieve employees from duty.
3.0 DEFINITIONS
3.1 The term "Company" applies to all television and radio operations of the Company located at its main facility.
3.2 The term "Employee" means any person employed by the Company as defined by the NLRB in Case No. 3-RC-7815 as set forth in paragraph 1.2 of this Agreement.
3.3 The term "Bargaining Unit" is a collective term for all of the employees within the unit covered by this Agreement as defined by the NLRB in Case No. 3-RC-7815.
3.4 The term "full-time employee" refers to a regular employee who is normally scheduled to work at least forty (40) hours during the workweek.
3.5 The term "regular part-time employee" refers to a regular employee who is normally scheduled to work no more than thirty-five (35) hours during the workweek.
3.6 (a) The term "temporary employee" refers to an employee hired as a temporary replacement or for a special project of limited duration who works more than one (1) week and does not work more than six (6) months or whose duration is known in advance but in no event shall that period exceed one (1) year.
(b) The term "temporary part-time employee" is defined as a person who is hired for a specifically limited period at the time of employment and does not work more than an average of thirty-five (35) hours per week.
3.7 (a) The term "In Unit Supervisor" shall refer to employees who are assigned by the Company to schedule, call-in and/or authorize overtime. In-Unit Supervisors shall not be considered Supervisors as defined by the NLRA, as amended.
3.8 Whenever used in this Agreement, the masculine, feminine, and neuter import one another.
3.9 The term "fringe benefits" shall include vacations, pension, leave of absence, holidays, sick leave, health insurance, dental insurance, and long-term disability insurance (as limited by the policy coverage), bereavement, jury duty, and military leave, as required by law.
3.10 (a) The term "functional role" refers to the primary duties for which an employee is paid to perform within the bargaining unit consistent with Section 10.0 and normally accepted broadcasting activities.
3.10 (b) The term "Primary Functional Role" shall be used for layoff and recall purposes only and shall be Television MCR/Traffic; Television Operations; Radio and Engineering.
3.11 The term "volunteer" refers to a person(s) not employed by the Company who performs services for the Company of their own free choice without pay.
3.12 The term "free-lancer" refers to a self-employed person or entity who may sell his/her services to the Company.
3.13 The term "non-unit supervisor" refers to an employee who is classified as part of management but may perform unit work.
3.14 The term "emergency" shall be defined as a situation unforeseen or uncontrollable by the Company.
3.15 The term "Fundraising" shall mean all activities related to revenue generation including: on-air appeals, underwriting announcements, spot appeal, lift announcements, auction announcements, promotions and events, program production for membership whether live or tape and the set up and tear down thereof, and new methods of fundraising not currently used by the Company.
3.16 The term "Dependent" for purposes of Section 18.6 shall include: husband, wife, father, mother, son or daughter (biological, adopted or foster child, step child or legal ward) or domestic partner.
4.0 STRIKES, LOCKOUTS
4.1 During the term of this Agreement, the Union agrees that it shall not authorize nor sanction, and neither its representatives nor covered employees shall engage in any strike, slow-down, suspension of work, or boycott against the Company for any reason including sympathy strikes excepting sympathy strikes directly involving employees of the Company whose union has a collective bargaining agreement with the Company.
4.2 The Employer agrees that it will not lock out any employees during the term of this Agreement.
4.3 The Company will not assign, transfer, or require employees to go to any radio or television station, transmitter, studio, or property to perform the duties of employees who are engaged in a legal strike or to originate a program or programs for such legally struck employer. Employees shall, if necessary to cover a news story, cross a picket line as long as the employee is not placed in danger of physical harm or as otherwise excepted in this Agreement, and all other reasonable means to perform the assignment have been exhausted.
5.0 UNION MEMBERSHIP/CHECKOFF
5.1 Each unit employee (present or future) covered by this Agreement who fails voluntarily to acquire or maintain membership in the Union shall be required as a condition of employment beginning on the 30th day following the beginning of such employment to pay to the Union a service charge as a contribution toward the administration of this Agreement and the representation of such employees. The service charge shall be an amount equal to the monthly dues and initiation fees (not including fines, assessments, political costs, or other charges uniformly required as a condition of acquiring or retaining membership) of the Union. The Union agrees that when an employee fails to complete his or her probationary period the Union will refund the entire amount of his or her initiation fee which has been remitted, upon request of the employee.
5.2 The Union will promptly admit to membership in the Union any person whom the Company may desire to employ as an employee, upon the same terms and conditions as those which are requisite to membership in the Union on the date of the proposed admission of such person to membership.
5.3 Nothing herein contained shall limit the right of the Union to suspend, expel, or refuse to re-admit a member for non-payment of regular Union fees. In case the payment of dues and/or initiation fees is refused by the Union, a bonafide offer by the employee to pay the same shall satisfy this requirement.
5.4 The Union reserves the right to discipline its members for violation of its rules, laws, and agreements, provided such disciplinary action is not inconsistent with the terms of this Agreement.
5.5 The Company will, within seven (7) calendar days after receipt of written notice from the Union, give written notice to any union member or agency fee payer who has not paid his/her dues, initiation fees, or service charge that his/her employment will be terminated within fourteen (14) calendar days if he/she does not tender the periodic dues, initiation fees or service charge uniformly required as a condition of acquiring or retaining membership.
5.6 Upon receipt of a signed authorization and assignment in the form annexed hereto as Exhibit "1" from the employee involved, the employer shall deduct from the employee's paycheck each month, initiation fees, dues, or service charges indicated thereon payable by him/her to the Union or for the period provided for in the authorization. The authorization shall be irrevocable for a period of one (1) year or until the termination date of this Agreement, whichever occurs sooner.
5.7 The Union shall be fully responsible for the validity of the authorization and agrees to reimburse the Company for any deduction for Union dues, initiation fees, or service charges made and paid over to the Union which may later be held to have not been authorized by the employee or which may constitute illegal deductions and the Union agrees to indemnify and hold harmless the Company against any loss or claims for damages resulting from the deductions aforesaid and against any award, judgment, loss or expense arising out of any claim made against the Company because of such deduction.
6.0 PROBATION
6.1 New employees will be placed on probation for a period of one hundred eighty (180) calendar days from the date he/she begins employment.
Probation may be extended at management's discretion if the employee does not achieve the expected level of competency in the applicable functional role for which they are being trained, but in no case to exceed ninety (90) days.
During the probationary period, the employee will be considered temporary and may be transferred or discharged at the discretion of the Company and such transfer or discharge shall not be subject to the grievance and arbitration procedures of this Agreement. Employees will be provided with a copy of their exit evaluation. Probationary employees shall be entitled to all fringe benefits as defined in Section 3.9 except vacations. Upon completion of the probationary period, vacations shall be computed retroactive from first day of work but may not be taken until completion of six (6) months of service per Section 17.1. Upon the completion of said period of probation, an employee shall be considered a regular employee and all provisions of this Agreement shall apply. Seniority shall date from the employee's starting date of employment.
6A OTHER THAN FULL-TIME EMPLOYEES
6A.1 Temporary (Full-time Temporary or Part-time Temporary): The Company may employ one or more temporary employees as replacements for employees absent because of vacation, illness, leave of absence, or for special projects of limited duration involving special competence, advice, work or services. Temporaries may be used for circumstances in which additional employees are needed as long as no then actively working current full-time employees suffer a reduction in their regular straight time work hours and then actively working current part-time employees in that job function are offered eight (8) hours the day the temporary employee(s) are being used as additional employees. A temporary employee shall accrue no seniority for any purpose. If while employed as a temporary employee, the individual status is changed to that of a regular employee, the employee's seniority shall date from the beginning of the particular period of temporary employment. A temporary employee shall be entitled to compensation as described in Section 29, but no fringe benefits as described in Section 3.9 of this Agreement. A temporary employee shall be required to join the Union or become an Agency fee payer in accordance with Article 5.0 of this Agreement, but shall not be required to pay the initiation fee until such time as he/she is employed as a full-time employee or regular part-time employee.
A temporary employee (not Part-time Temporary) retained in continuous employment for more than six (6) months unless for a special project of limited duration involving special competence, advise, work or services shall become a regular employee, and shall be deemed to have completed the period of probation and be entitled at that time to all the benefits contained in this Agreement.
(a) Temporary employees will not be used to eliminate full-time employees in their department.
(b) For purposes of this Section, Temporary or Temporary Part-Time employees shall be excluded from the provisions of Section 10.7 hereof.
6A.2 Part-time: The Company may employ part-time employees without limit on the following basis:
(a) No part-time employees will be hired or retained in employment in the event that any of the then current full-time employees are "laid off" and there are qualified full-time employees in a Primary Functional Role willing to work on a part-time basis. If a full-time opening occurs, full and part-time employees will be considered consonant with all Federal or State posting or other requirements. The list of full-time employees is attached hereto as Exhibit "2";
(b) Part-time employees will not be used to eliminate full-time employees in a Primary Functional Role;
(c) Part-time employees shall be paid at an hourly rate set forth in Section 29;
(d) It is agreed that during Auctions and other fund-raising activities, part-time, temporary, volunteer, non-unit employees, and intern help may be utilized, without limit, so long as all the then working part-time employees in the TV Operations Primary Functional Role will be offered at least thirty-five (35) hours work per week and the then current full-time employees will not lose their regular scheduled straight time weekly hours. It is further agreed that this use will not directly cause, during the duration of these periods, any part-time or full-time employee on the payroll ten (10) workdays prior to the event to lose their regularly scheduled straight time weekly hours. It is further understood that employees may donate their time and services during the above stated activities, provided they do not perform their normal work duties.
(e) Regular part-time employees shall not receive fringe benefits unless otherwise specifically stated in this Agreement.
(f) Regular part-time employees shall get pro-rated seniority, as stated in 12.3 of this Agreement.
(g) For purposes of this Section, Temporary or Temporary Part-Time employees shall be excluded from the provisions of Section 10.7 hereof.
6A.3 The Company and the Union will cooperate in the conduct of an education program utilizing "Interns", but shall be guided by the following principles:
(a) The program will primarily serve as a learning function, but will not preclude production work for use on air, if in the sole judgment of the Company, the student is deemed "qualified."
(b) Work performed by a student "Intern" will not be done if there would be a violation of Section 10.7 hereof.
(c) Interns utilized under this program:
(i) Need not be members of the Union but will be under the supervision of those employees designated by the Company.
(ii) Shall not be employees of the Company.
(iii) Must be a student in a recognized institution of learning or sponsored by a recognized community organization.
(iv) May perform any work assigned by the Company under the above conditions.
(v) Shall not perform work normally done by "Unit Employees" in the event of an economic strike after impasse in collective bargaining negotiations. Interns shall not perform any work within the functional role of a member of the bargaining unit for six (6) months after a layoff of such member or in the event of a reduction in the regularly scheduled hours of work of any bargaining unit member within that Primary Functional Role; and
(vi) A maximum of four (4) Interns per semester may be utilized by the Company.
(d) Each Intern may be assigned at management's discretion with a regular unit member.
(e) "Interns" may perform non-unit work without limit and work not for air without limit.
6A.4 The Company may have non-company personnel perform host duties in the case of one time special shows or limited series of up to twenty-six (26) weeks' duration per year.
An in-unit producer will be assigned to shows hosted by non-company personnel and shall perform only producing duties for that show or series.
Managers, or other comparable positions, may host and produce (as joint function) one-time shows and limited series so long as unit members do not suffer a reduction in their regular hours.
6A.5 The Company may employ up to a maximum of four (4) non-unit supervisors who are excluded from the bargaining unit. Non-unit supervisors may perform unit work only when all of the conditions in Article 10.7 of this Agreement have been met.
7.0 GRIEVANCES/ARBITRATION
7.1 A grievance is defined as a disagreement, dispute, or question between the Union and the Company involving the interpretation, application, or performance of the terms of this Agreement.
7.2 To be considered, a grievance must:
(a) be reduced to writing;
(b) cite the applicable contract provisions alleged to have been violated, stating all pertinent facts to the best of the grievor's knowledge and belief;
(c) be signed;
(d) be dated;
(e) be delivered to the President or Departmental Vice President having responsibility for the affected employee, or his/her designee, if the grievance is against the Company; or to the Shop Steward if the grievance is against the Union.
7.3 It is understood that to be valid, a grievance must be filed within fifteen (15) calendar days of the event giving rise to the grievance or the knowledge thereof.
7.4 Representatives of the Union and the Company designated for the purpose will meet and consider any grievance within ten (10) calendar days of the date written notice of the grievance is received.
7.5 Terms of settlement of any grievance shall be reduced to writing and signed by the parties, and a copy shall be furnished to the Union, the Company, and any employee directly concerned.
7.6 If any grievance is not settled within thirty (30) calendar days following the date of receipt, either party may submit, in writing, a request for arbitration as hereinafter provided. A grievance which has not been settled or referred to arbitration within ninety (90) calendar days from the date of receipt shall be deemed automatically withdrawn.
7.7 Unless there is mutual agreement to the contrary, the consideration of all grievances by representatives of the Union and the Company will take place in Broome County, New York.
7.8 Arbitration: The request for arbitration shall be in writing, dated, and signed by the party requesting the same. No request for arbitration shall be valid unless all steps of the grievance procedure outlined above shall have first been taken or have been by-passed by mutual written agreement.
7.9 All arbitrations shall be conducted under the Rules of the American Arbitration Association and all arbitration hearings shall take place in Broome County, New York.
7.10 The decision of the arbitrator on matters submitted shall be final, binding, conclusive upon all parties, and may be reduced to judgment in any court of competent jurisdiction.
7.11 Any actions or proceedings relating to arbitrations under this procedure, including but not limited to motions to compel, to stay and to enforce, shall be brought in any court having jurisdiction of such matters arising in Broome County, New York.
7.12 The arbitrator shall have no authority to modify, amend, alter, change, or subtract from any provisions of this Agreement.
7.13 Each party to the arbitration shall bear its own expenses including expenses of counsel and witnesses presented by it; the parties will share equally in the fee, cost, and expenses of the arbitrator.
7.14 There shall be no strike, stoppage of work, or other concerted activity while the grievance and/or arbitration proceedings are in progress or otherwise as stated in Section 4.0 of this Agreement.
7.15 Post hearing briefs will only be permitted when the arbitrator so requests.
8.0 HOURS OF WORK
8.1 All work schedules will be prepared and posted electronically at least one (1) week in advance of the commencement of the workweek. Any changes made for full-time employees less than seven (7) days prior to the commencement of the workweek can only be made with the consent of the employee, with the exception of emergency situations. The Company will endeavor to consider the employee's situation when making such changes. An emergency shall be defined as a situation unforeseen or uncontrollable by the Company.
(a) Changes of two (2) hours or less within a day of work already scheduled (such as moving start time up or back) will not require premium pay unless it violates Section 9.1. If a unit employee has a change of schedule later in the day (in excess of two (2) hours), the premium payment will be computed for the difference in hours between the scheduled start time and the new start time, and applied to the actual hours worked starting with the new start time forward for as many hours as the difference indicates, or the employee goes home, whichever is less.
(b) If changes in a unit member's posted scheduled day are requested by the employee, no premium pay will be required.
(c) No unit member can change another unit members posted scheduled hours without management approval or an in-unit supervisor's approval.
8.2 (a) The regular five (5) day workweek for full-time employees, shall consist of no more than forty (40) hours of five (5) workdays followed by two (2) consecutive days off. A regular five (5) day workweek employee shall not be required to work at regular time pay more than five (5) consecutive days without a day off. The regular four (4) day workweek for full-time employees shall consist of no more than forty (40) hours of four (4) workdays. Two (2) of the three (3) days off must be consecutive. A regular full-time four (4) day workweek employee shall not be required to work at regular time pay more than four (4) consecutive days without a day off. However, should any unit member set their own work schedule for convenience, no penalty shall be paid for not having consecutive days off.
Employees may set their own schedules (flex time) for their own convenience only by prior arrangement with and approval of their Supervisor. Ideally, this would be far enough in advance that the Supervisor can properly plan for the change. This also applies to any schedule changes such as, but not limited to, arriving late, long lunch breaks or leaving early, etc. Common sense and courtesy should be the guide.
(b) Each full-time employee will be designated as a regularly scheduled four (4) or five (5) day workweek employee. Full-time employees may be scheduled from four (4) to five (5) days or from five (5) to four (4) days, and if such change is anticipated to last more than thirty (30) calendar days, the Company shall give the employee a minimum thirty (30) calendar day notice prior to the change. The Company agrees not to change a full-time employee designated status as a four (4) or five (5) day employee more than once in a calendar month without the prior consent of the employee.
8.3 The regular workday for all employees shall consist of no more than ten (10) hours worked after which time and one-half the regular rate of pay will be paid. However, should an employee set his/her own workday schedule for a specific instance for more than ten (10) hours, no daily overtime rate will be paid.
8.4 Hours worked over forty (40) hours per week shall be paid at the rate of time and one-half the regular rate of pay. Overtime shall be computed in one-quarter (1/4) hours segments.
8.5 If a full-time employee is called upon to perform work, except work commencing prior to and extending into a shift, or immediately following a scheduled shift, he/she shall receive not less than four (4) hours regular pay at the applicable rate and shall be required to work the hours paid. If the employee is permitted to leave prior to the lapse of four (4) hours, and elects to do so, the employee shall be paid time and one-half for all time actually worked.
If the employee can perform the work over the telephone by assisting another employee already at the work site, station, or transmitter, he/she shall be paid for time actually spent solving the problem over the telephone at his/her applicable rate of pay rounded to the nearest quarter hour (minimum shall be one-quarter [1/4] hour). Telephonic work hours shall not be subject to the limitations imposed under Sections 8.1, 8.2, or 9.1 or any premium referred to in Section 8.11. Prior to telephoning, an employee making such call shall obtain permission from a management supervisor (from a list posted by management and in the order provided for).
Once the call has been approved and completed, the caller shall verify with the same supervisor, any assistance received. The employee shall also note, as a special entry on that day's discrepancy report, the time of day the call was made, the reason for the call, and the time the call and/or assistance was completed.
8.6 A part-time employee shall not be called upon to work for less than three (3) hours on any given day.
8.7 Employees shall be paid biweekly on Friday.
8.8 The regular workweek shall be scheduled on an individual basis, and can begin on any day of the week, except for purposes of payroll computation where the workweek shall begin at 12:01 a.m. Sunday and continue until 12:00 midnight the following Saturday. Overtime payments shall be based on the individual's workweek.
8.9 In assigning overtime work, the Company will endeavor to have said overtime divided equitably among employees.
8.10 Whenever possible, the Company agrees to schedule at least a fifteen (15) minute overlap for master control operators in both Radio and Television in live-to-live handoffs.
8.11 For purposes of Sections 8.1, 8.2, and 9.1 a violation shall be remedied by the payment of a premium. The premium shall be the payment of an additional one-half times the employee's regular rate of pay for those hours in violation. In any week in which an employee has sick time, that sick time may not be added into the computation of hours worked for violation of the five (5) workdays or four (4) workdays referenced in Section 8.2.
8.12 There shall be no pyramiding of overtime (overtime on overtime). Premiums paid shall not be considered overtime.
9.0 REST PERIODS
9.1 A rest period of at least twelve (12) hours shall intervene for all employees between the conclusion of one work shift and the commencement of the next, thirty-six (36) hours when one day off intervenes; fifty-four (54) hours when two days off intervene; and seventy-two (72) hours off when three days off intervene, unless the employee agrees otherwise, which shall be assumed when an employee sets his/her own schedule for a specific instance.
9.2 The scheduling of workdays and days off will be in the Company's discretion.
9.3 The Company agrees not to schedule split work shifts, unless at the employee's request in writing, in which case a copy will be forwarded to the Union.
10.0 DUTIES AND JURISDICTION
10.1 The duties of each employee shall be those assigned by the Company. Assigned duties will be such as are consistent within an employee's functional role.
10.2 It is understood that for the benefit of employees and the Company, employees may perform any duties or assignments within unit jurisdiction to permit, among other things, flexibility and opportunity for all employees to increase their knowledge and ability.
Duties shall be consistent with competence, experience and demands of the work assigned.
Should the Company determine that modifications in Job Titles should be made, it may do so, and it is agreed that any changed or additional titles shall be unit positions.
If an assignment is made not consistent with experience and competence of the employee, and that change is to be permanent, the employee will receive training for 180 days, unless the Company determines, during that period, that the employee can or cannot perform the functions of the new assignment. Disciplinary action may not be taken by the Company related to the new or changed duties until six (6) months have elapsed after the new assignment. However, at the completion of that training period, those new duties will be considered the functional role of the employee and all normal considerations of employment will apply.
10.3 Functions under unit jurisdiction shall be as follows:
Preparation of broadcast program schedules (logs), maintain the program schedule database and coordinate the acquisition and dissemination of information needed to facilitate program schedule implementation. They will operate and maintain the recorded media and tape stock library system including recordings, raw tape stock, archived program material, bicycled program material and other materials as may be assigned. They will coordinate and select music and other recorded material needed for broadcast and program production. Creation, operation, and monitoring of automation systems functions and air signals of the transmitters.
Operation of broadcast equipment and systems used in production for editing, assembling, producing, recording and direct on-the-air broadcasting of programs. This activity includes arrangement, set-up, placement, selection, basic hook-up and tear down of equipment and materials needed to produce individual programs, program segments and live on-air broadcasts, in addition to producing, reporting, researching, directing, selecting, presenting and writing materials or programs, construction, installation, maintenance, modification and operation of the electronic, electrical and mechanical equipment and systems used in on-air broadcast, program production, other telecommunications activities and in facility operation. They will also advise and train others in the proper use, care and operation of such items. In so doing, they may instruct, direct, or train other personnel involved in a particular project. They may also announce or serve as talent in a particular program production.
10.4 If the Company assigns a currently employed unit member to a new title or Functional Role on a permanent basis, there will be no reduction in pay. Should a unit member exercise seniority rights to displace another unit member, the member "bumping" must accept the pay rate of the position he/she is moving into.
10.5 Job duties shall be determined by the Company and defined according to the functional role within unit jurisdiction. Such duties will be specified in a written Job Description or offering statement which will be furnished to both the employee and the Union.
10.6 The application of Sections 10.3 and 10.5 shall not result in the reduction of hours of any regular employee.
10.7 The Company may have unit work performed by non-unit employees in each separate Company location if all of the following conditions are met at that separate Company location:
(a) no then current unit employee would be terminated; and
(b) no then current unit employee would have his/her regularly scheduled hours reduced; and
(c) no unit employee has been laid off within six (6) months prior to the non-unit employee use.
It is further agreed that the Company will not use non-unit employees to reduce the unit through attrition of unit employees.
For purposes of this Article 10.7, "regularly scheduled hours" for regular part-time employees will be defined as the average of the total hours worked over the thirteen (13) weeks prior to the use of non-unit employees.
Any person not in the bargaining unit may prepare copy for teleprompter use and may program the teleprompter.
10.8 When multi-tasks are assigned to a full-time or regular part-time employee, the Company agrees, when requested by the employee or Union, to meet with the employee and/or the employee and the Union to discuss prioritization of tasks.
11.0 OUTSIDE EMPLOYMENT
11.1 Employees may engage in outside employment provided, that it does not interfere with the employee's work or adversely affect the image or reputation of the Company. However, it is understood that on-air employees may not perform similar work or testimonials for other television, radio, or newspaper employers within the Company's market area without the prior written consent of the Company.
Employees using Company facilities in connection with outside employment may be subject to a facilities use charge which may be waived at the sole discretion of the Company. Materials produced by or for the Company shall not be used in connection with outside employment without the specific permission of the Company. The Company reserves the right to be compensated for the use of such material when permitted.
12.0 SENIORITY AND SENIORITY RIGHTS
12.1 Starting pay of an employee establishes his/her pay seniority in the applicable rate set forth herein. He/she will advance thereafter as set forth in Section 29 of this Agreement.
12.2 Employees who were employed as of the date of this Agreement will have their seniority established in accordance with the attached Exhibit "2".
12.3 Seniority shall be computed from the first date of work, and will be applied at the completion of any probationary provisions of this Agreement. Regular part-time employees shall receive pro-rated seniority based on actual hours worked. Temporary employees will not receive seniority except as otherwise stated in this Agreement.
12.4 Seniority for an employee will continue to accrue if he/she is granted a leave of absence for required military leave; documented illness, disability, maternity, accident; vacation; or Union business not to exceed fifteen (15) workdays per contract year unless mutually extended in writing. Seniority will not accrue during a layoff. Seniority will terminate when a layoff exceeds eighteen (18) months; a just cause discharge and not reinstated through grievance and arbitration procedure; voluntarily quitting; any leave of absence exceeding six (6) months; retirement; failure to respond to recall; unauthorized absence; and by taking a job elsewhere while on a leave of absence. For purposes of this paragraph 12.4, seniority shall, in no event accrue, for more than six (6) months during a one-year period.
12.5 (a) Layoff and recall shall be in order of seniority within "Primary Functional Roles".
(b) For purposes of layoff and recall, the least senior employee within a Primary Functional Role* shall be laid off first and so on; the most senior employee recalled first and so on, providing qualifications and ability are equal in the opinion of the Company and the Union to fulfill the required operational needs of the Company. (*See Exhibit "2")
(c) A recalled employee will be paid a salary commensurate with his/her seniority at the time of layoff in an amount equal to his/her immediate pre-layoff rate plus any mandated contract increases during that period of layoff. In cases of layoff an employee upon request will be given a service letter from the Company.
12.6 If, within the succeeding eighteen (18) months after a layoff to reduce the staff, a vacancy should occur in the staff, the Company shall give such laid off employee first preference in filling such vacancy by immediately notifying the employee in writing; provided that the laid off employee is capable of performing his/her duties. Such laid off employee shall have seven (7) workdays from the time of the Company's notification to the Steward to accept re-employment and must report for work, within fourteen (14) workdays after such notice is received unless the Company and the employee agree to extend the time period in writing.
12.7 Any employee laid off may exercise all seniority he/she may have to displace the least senior employee in another job title if the Company feels he/she is qualified. However, the employee's current or prior job with the Company must contain many of the significant duties and responsibilities of the functional role as outlined in the current job description of the employee being displaced.
12.8 The Company will give two (2) weeks' notice or regular pay in lieu thereof to any employee it intends to lay off.
12.9 No employee shall lose his/her seniority or continuous service rights by being promoted to a management position, if after such promotion he/she returns to his/her former position or Primary Functional Role, if agreed to by the Company or at the Company's request and provided this return takes place within ninety (90) days.
12.10 No full-time employee will be laid-off while a temporary employee with the same Primary Functional Role is in the employ of the Company, with the exception of temporary employees hired for externally funded special projects whose duration of employment is determined before hiring. Under such circumstances, it is understood that said temporary employee will not perform duties outside of those required for the special project.
12.11 The Company agrees that for the Company's fiscal year July 1, 2003 to June 30, 2004, there will be no full-time employee terminations or layoffs in the unit (other than for just and sufficient cause) due to the introduction and implementation of new technologies.
12.12 Notwithstanding anything contained in this Agreement to the contrary, for purposes of Company locations beyond twenty-five (25) air miles from the main courthouse in Binghamton, New York, seniority for layoffs and recalls shall be based on the length of employment for the Company at the specific Company location. For all other purposes, seniority will be based on the total length of employment with the Company.
13.0 DISCIPLINARY ACTION/DISCHARGE
13.1 The Company may discipline and/or terminate the employment of any employee for just and sufficient cause. Just and sufficient cause shall include, but is not limited to, theft or dishonesty; serious misconduct; fraudulent entries on official records, etc.; intentional damage of equipment; use of intoxicants on Company premises unless permitted by the company; use of any illegal drugs on the Company premises or while working; working while under the influence of alcohol or illegal drugs; willful non-compliance with safety or other Company regulations.
13.2 If employment is terminated by either the Company or employee, only compensation owed, accrued vacation, holiday credits, and vested pension rights as authorized by the Plan shall be paid to the employee.
13.3 Any disciplinary action or discharge made within the probationary period as specified in Section 6.0 or 6A of this Agreement shall not be subject to question by the Union nor made the subject of a grievance or arbitration.
13.4 The Company will notify the Union in writing of any discipline or discharge action as soon as possible but no later than two (2) working days following such action.
13.5 When an employee is given a written warning notice by the Company, a copy of said warning notice will be given to the affected employee, the President of the Local Union, and the employee's steward.
14.0 REMOTES, COMMERCIAL BROADCASTS AND/OR PRODUCTIONS
14.1 At least one (1) unit employee will be present at the production of Company programs or recordings originating from points outside the premises in which the main studios are located. Where there are no additional unit members available and willing to perform the work and no then current unit member would suffer a reduction in their regular work schedule, management personnel and interns may perform unit work on remote broadcasts and/or productions. Interns are subject to the provision of Section 6A.3. However, the Company will endeavor to assign to unit employees the tasks they normally perform.
(a) The following Sections of this Agreement, under which additional compensation is made, shall not apply to employees assigned under this Section 14: 8.1, 8.5, 8.9, 9.1; and to the extent that such employees set their own work schedule, no penalty shall be paid in accordance with Section 8.2(a).
(b) Notwithstanding any provisions of this Agreement to the contrary, it is understood that any employee hired to perform a functional role as defined in Sections 10.3 and 10.5 on a regular basis at locations other than the Company's main facility shall be considered bargaining unit members or agency fee payers, with the exclusion of volunteers, interns, guards, and supervisors as defined in the Act and all other employees. Such locations shall include, but not be limited to, employees who are assigned to work more than twenty-five (25) air miles from the main courthouse in Binghamton, New York.
14.2 No then current unit member will suffer a reduction in his/her regular work schedule as a result of joint broadcasts and/or productions, either remote or in the studio. The Company will endeavor to contractually provide that unit members will perform all or part of the work on joint broadcasts and/or productions.
14.3 The Company may permit, without limit, anyone other than WSKG to use or lease its facilities, premises and/or equipment owned, leased, operated, or controlled by it where the following conditions are met:
(a) the performance of such work by persons outside the Company does not have a substantial and direct adverse impact on the work performed by unit employees;
(b) the Company will seek the customer's agreement to have unit employees perform such work. However, if this cannot be arranged, non-unit people hired by the outside customer will operate such equipment when used for the outside customer's work;
(c) at least one (1) unit employee within the relevant Functional Role is on the premises and available for work on the production if assistance is needed, at the main Company facility.
14.4 Company shall have the right to subcontract special project productions on the following conditions:
(a) no then current unit employee would be terminated; and
(b) no then current unit employee would have his/her regularly scheduled hours reduced; and
(c) no unit employee has been laid off within six (6) months prior to the time of the signing of the subcontract agreement.
The Company will not use subcontracting to reduce the unit through attrition of unit employees. For purposes of this section, "project productions" shall be defined as productions which are irregular productions and not the Company's regular weekly productions.
Any unit employee who originates an idea, concept, or project that is ultimately produced shall receive proper program credit and when feasible, shall be included in the actual production.
15.0 TRAVEL
15.1 (a) It is agreed that each employee will be compensated for the use of his/her car when used at the Company's request, between studios or other assignments which are other than his/her permanent place of employment. Such compensations will be twenty-five cents (25¢) per mile during the term of this Agreement. It is understood that an employee will not receive mileage to and from his/her home and his/her permanent assigned place of employment. If the Company provides transportation for an employee, the employee under this Agreement must use the Company's transportation. It is agreed and understood that the use of an employee's car is not mandatory and the Company has the right to question claimed mileage on an individual basis.
(b) If a full-time employee is called upon to perform unscheduled work, except work immediately following his/her shift, with no notice, he/she will be compensated at the applicable rate of pay for time traveling to and from a location whether it is the station or any other location.
15.2 When an out-of-town assignment requires an employee to remain away overnight, the following provisions will apply:
(a) a credit of one regular workday shift for each day on such assignment, subject to the overtime provisions of this Agreement, if any;
(b) in the event that he/she should return from an out-of-town assignment during the same workday, he/she shall be credited with total elapsed hours, including travel time to and from his/her place of permanent assignment, and should this credit be less than a regular workday, he/she may be assigned additional work upon his/her return, subject to the overtime provisions of this Agreement, if any;
(c) it is understood and agreed that any reasonable expenses incurred on out-of-town assignments will be compensated by the Company upon receipt of adequate documentation; when possible the Company will advance monies necessary for the performance of said assignments.
16.0 HOLIDAYS
16.1 All full-time employees will be paid for the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, and two (2) additional floating holidays to be designated by the Company each contract year and two (2) additional floating holidays to be designated by the employee each anniversary contract year where scheduling allows.
16.2 Holidays that fall on an employee's regular scheduled day off may be observed within sixty (60) days prior to or sixty (60) days following said holiday to be approved by the Company. In addition, Company Designated Holidays may be moved within sixty (60) days prior or following said holiday with Company and employee consent.
16.3 Whenever a holiday occurs within an employee's period of layoff or approved leave of absence, no alternative day off in lieu of a holiday will be granted.
16.4 Employees who are required to work through all or part of a holiday will be paid their regular straight time daily rate for hours worked and receive a paid day off sixty (60) days prior or sixty (60) days after said holiday.
16.5 In the event an employee is on vacation during a paid holiday, he/she will be paid for the holiday and not be charged for a vacation day.
16.6 Accrued holidays (Company or employee designated holidays) must be used first when taking time off, before vacation accruals may be taken.
17.0 VACATIONS
17.1 The vacation period for all eligible employees shall be computed from the employee's anniversary date of work. All regular full-time employees of WSKG earn vacation days during the year based upon years of service as indicated in the schedule below:
CONSECUTIVE HOURS PER HOURS EARNED
YEARS OF SERVICE PAY PERIOD PER YEAR
0 through 5 3.08 80
6 through 10 4.62 120
after 10 6.15 160
Vacation days are accrued from the first day of work and may be taken after six (6) months of service. All vacation must be taken within each employee's anniversary year and no carry-over will be given from one year to the next without prior Company approval. In no event will the maximum number of vacation days an employee will be allowed to accrue exceed one hundred twenty (120) hours. Any vacation hours over one hundred twenty (120) hours must be taken as vacation hours. If an employee leaves the Company's employment after completing the probationary period, he/she will be paid for unused vacation hours, but an employee who leaves while on probation will not be paid for accrued vacation hours. An employee may borrow up to a maximum of forty (40) hours against vacation time to be earned in the future with the express prior written permission of management. Employees who leave the Company's employment before repaying the equivalent borrowed vacation time will have it deducted from their final paycheck.
17.2 Vacation shall be scheduled at the convenience of the employee subject to approval in advance by the Company. The Company shall take into consideration operating needs which will be the controlling factor as to when a vacation may be taken but the Company will, within that constraint, give the employee the opportunity to select the dates within which vacation will be taken. Employees in accordance with seniority may submit written requests for specific dates or periods to the Company.
Vacation time (of a week or more) shall be contiguous with the employee's normal days off. Should an employee be scheduled for vacation time without days off adjacent to his/her vacation time (as defined in Section 8.2), the violation will be remedied by the payment of a premium as in Section 8.11.
17.3 All vacation pay shall be computed at the employee's regular straight time base pay for forty (40) hours.
17.4 Employees, upon at least two (2) weeks' written notice, shall receive their vacation pay on the pay day just preceding their vacation period.
17.5 Part-time and temporary employees are not eligible for paid vacations. If a part-time employee becomes a full-time employee, all of his/her accrued length of continuous service credits will be retroactively applied in computing vacation accruals.
18.0 SICK LEAVE
18.1 Each full-time employee will be granted up to forty (40) working hours sick leave each year for illness. Employees shall be permitted to accumulate unused sick leave from year to year up to a maximum of two hundred (200) work hours. All part-time employees will be granted sick leave on a pro-rata basis. So, for example, a part-time employee who works twenty (20) hours per week would accrue sick leave at one-half the rate of a full-time employee.
18.2 It is understood that upon the termination or layoff of an employee, there shall be 25% payment of accrued sick leave up to the maximum of one hundred sixty (160) work hours, unless the employee was terminated for cause.
18.3 The Company may require a physician's certification, by a physician selected by the Company, and agreed to by the employee, at the Company's expense, after two (2) working days of illness to certify the existence and continuance of illness or disability sufficient to prevent an employee from working. In the event the employee refuses to consent to the second (2nd) physician suggested by the Company, then the Company shall have the sole right to choose the physician.
18.4 Nothing herein shall constitute a waiver by any employee of any right or privilege enjoyed by the employee by virtue of any Workers' Compensation Law.
18.5 The Company will provide forty (40) hours for each full-time employee and twenty (20) hours for each regular part-time employee "loan" for an illness above and beyond the employee's accumulated sick days; with the understanding that these sick days will be subtracted from the amount of sick days allotted in the subsequent year; however, if the employee ceases to be an employee prior to the earning of the "loaned" days, the Company shall be credited with said unearned "loaned" days toward the employee's final pay.
18.6 Sick time may be applied, in hourly increments for the employee's legitimate illness, and physicians visits with prior notification and company approval, which will not be unreasonably withheld, for him/herself or his/her dependents for routine and acute situations, and dental visits for the employee or his/her dependents. In addition, at the Company's sole discretion in emergency or hardship cases, sick leave may be applied to child or other dependent care on a limited basis if Employee Designated Holiday hours are not available.
19.0 LEAVE OF ABSENCE
19.1 Any employee may be granted an unpaid leave of absence upon written application to the Company as far in advance as possible, provided such leave of absence is approved by both the Company and the Union. At such time as the employee returns to regular employment with the Company, he/she shall resume his/her previous position with such rights and seniority as existed at the beginning of his/her leave of absence. It is understood, however, that if an employee be absent for more than ninety (90) calendar days, the Company shall not be required to reassign the employee to his/her previous position.
19.2 The Company agrees to grant unpaid authorized leave of absence to union officers to conduct union business. Such requests shall be in writing, from the International and will not exceed fifteen (15) workdays in each contract year unless mutually extended in writing. Such leave will not be granted unless at least a three (3) calendar week notice is given to the Company.
19.3 If the Company employs 50 or more employees, it shall fully comply with the Family and Medical Leave Act of 1993, as that Act may be amended from time to time.
20.0 BEREAVEMENT LEAVE
20.1 In the event of a death in the immediate family of a full-time employee (father, mother, grandparents, grandchildren, domestic partner, children, stepchildren, brother or sister of the employee, mother-in-law, father-in-law), and if that employee attends the funeral he/she will be allowed three working days off with pay at regular straight-time, not chargeable to any accrued leave.
In the event of the death of a grandparent, brother, sister, stepbrother or stepsister of the domestic partner of an employee, the employee, if attending the funeral shall be allowed that day off with pay at his/her regular rate of pay.
21.0 JURY DUTY LEAVE
21.1 Full-time employees required by law to serve as jurors shall, upon satisfactory proof to the Company of such service rendered, be paid their straight time hourly rate for the time they are required to be absent from their scheduled workday, less the amount received for jury service, but not to exceed fourteen (14) working days a year. It shall be a condition of the foregoing that the employee reports for work whenever he/she is excused from jury duty during his/her normal work hours.
21.2 Employees subpoenaed as a Company witness in connection with matters relating to the performance of their duties for the Company will be reimbursed pursuant to this section.
22.0 MILITARY LEAVE
22.1 Applicable requirements of State and Federal laws will govern in the case of employees who are called into military service. The Company will pay full-time regular employees, who have been continually employed by the Company for at least six (6) months, and who are members of the Military Reserve or National Guard, the difference between their straight time rate of pay and their military pay for a period not to exceed two (2) weeks in any one year.
23.0 INSURANCE
23.1 Health Insurance:
(a) The Company shall offer a basic hospital plan with a major medical plan known as SSA Health Choice Plan XL500CLO ("Plan") for full-time and eligible regular part-time employees (as defined by the Plan). Should the SSA Health Choice Plan XL500CLO become unacceptable to the Company for any reason, including, but without limiting same, to cost, coverage, or service, the Company shall, in its sole discretion, be able to offer a substitute Health Plan to its full-time and regular part-time employees (as defined by the Plan) as long as it is comparable or better than the SSA Health Choice Plan XL500CLO.
The Company shall pay seventy-five percent (75%) and the full-time employee twenty-five percent (25%) of the health insurance premium whether coverage is for the individual and/or his/her dependents.
The Company shall pay fifty percent (50%) and the regular eligible part-time employee fifty percent (50%) of the health insurance premiums whether coverage is for the individual and/or his/her dependents.
(b) Eligible employees will be allowed to participate in the Company's flexible benefits plan which allows the tax sheltering of certain medical premium payments, unreimbursed medical costs, and dependent care expenses. The Company shall pay seventy-five percent (75%) of the monthly administrative fee for regular full-time employees and the employee shall pay the remaining twenty-five percent (25%). The Company shall pay fifty percent (50%) of the monthly administrative fee for eligible regular part-time employees and the employee shall pay the remaining fifty percent (50%).
(c) The Company may offer an optional Health Maintenance Organization (HMO) health Plan in which participation is voluntary, with contributions to be made in accordance with Section 23.1(a).
The Company will comply with any new statutory requirements under Federal or State law relating to health insurance.
23.2 Life Insurance: The Company shall continue to provide eligible regular full-time and part-time unit employees (as defined by the Plan) with life insurance coverage in the amount of at least Ten thousand dollars ($10,000.00) for each employee.
The Company shall pay seventy-five percent (75%) and the full-time employee twenty-five percent (25%) of the life insurance premium.
The Company shall pay fifty percent (50%) and the regular part-time employee fifty percent (50%) of the life insurance premiums.
23.3 Dental Plan: The Company shall continue to provide employees with a dental plan comparable to, or better than, the existing plan for full-time and regular eligible part-time employees (as defined by the Plan).
The Company shall pay seventy-five percent (75%) and the full-time employee twenty-five percent (25%) of the dental insurance premium whether coverage is for the individual and/or his/her dependents.
The Company shall pay fifty percent (50%) and the regular part-time employee fifty percent (50%) of the dental insurance premiums whether coverage is for the individual and/or his/her dependents.
23.4 The Company shall continue to provide long-term disability insurance comparable to, or better than, the existing plan for full-time and regular eligible part-time employees (as defined by the Plan).
The Company shall pay seventy-five percent (75%) and the full-time employee twenty-five percent (25%) of the long-term disability insurance premium.
The Company shall pay fifty percent (50%) and the regular eligible part-time employee fifty percent (50%) of the long-term disability insurance.
23.5 Vision Plan: The Company shall offer a Vision Plan with Eye Care Plan of America for full-time and eligible regular part-time employees (as defined by the Plan), with contributions to be made in accordance with Section 23.1(a). The Vision Plan is contingent on acceptance into the Plan by the Eye Care Plan of America.
23.6 The Company shall have the right to increase the Company's percentage of contribution into the health, life, long-term disability, and dental insurance programs and to make such changes, modifications, or amendments to the health, life, long-term disability, and dental insurance programs as the Company deems necessary or advisable. In no case (unless required by law) shall the Company's contribution be decreased nor shall the employee's contribution be increased without approval of the Company and the Union.
24.0 PENSION PLAN
24.1 All regular full-time employees and qualifying part-time employees may participate on a voluntary basis following one (1) year of employment by the Company and shall be required to participate after two (2) years of employment by the Company in a pension plan comparable to or better than the current plan. The Company shall, during the term of this Agreement, pay ten percent (10%) of the employee's gross annual income and the employee shall pay two percent (2%) of his/her gross annual income for a total of twelve percent (12%) of the participating employee's gross annual income into the pension plan. The employee will be permitted to make additional voluntary contributions to the Pension Plan, as permitted by the Plan and applicable law. During the first year of employment a full-time employee or qualifying part-time employee may participate on a voluntary basis with no Employer contribution.
24.2 The Company shall have the right to increase the Company's percentage of contribution into the pension fund, and to make such changes, modifications, or amendments to the pension plan as the Company deems necessary or advisable. In no case (unless required by law) shall the Company's contribution be decreased nor shall the employee's contribution be increased without approval of the Company and the Union.
24.3 Plan changes are not subject to collective bargaining if required by actuary, insurance carrier, or by law or regulation.
25.0 SAFETY
25.1 The Company shall comply with all laws relating to safe operation and no employee shall be expected or requested to perform unsafe work or work which may be in violation of the standards of the Occupational Safety and Health Act.
26.0 EQUIPMENT, SUPPLIES
26.1 The Company agrees to furnish such equipment or supplies that it deems necessary for the performance of the duties of any classification.
27.0 GENERAL PROVISIONS
27.1 In case of death of an employee, the value of accrued vacation, employee designated holiday, Company designated holiday, and twenty-five percent (25%) of accrued sick time shall be paid to his/her Estate.
27.2 Absence due to illness or vacation shall not be construed as interruption of continuous employment.
27.3 The Company will notify the Local Union in writing within twenty (20) working days of any change in the status of an employee regarding personal contract salaries, details thereof, merit raises, promotions, etc.
27.4 The Company will provide a space for a bulletin board for notices relative to Union matters in an area located in or near an area of the station frequented by a majority of unit employees.
27.5 An employee may take an appropriate lunch break, as close to the middle of his/her work shift as possible. The lunch break may be taken on or off Company premises; however, if with Company permission no such break is taken, an employee may eat his/her meal in his/her work area as time allows, during his/her scheduled shift.
27.6 All employees will be eligible upon employment to become members of the BCT (Broome County Teachers) Federal Credit Union.
27.7 The Company will provide direct deposit of payroll checks to local banks of its choice.
27.8 In the event a full-time opening occurs, full-time and regular part-time employees will be considered first for any in-unit position consistent with the Company's legal obligations under EEO and FCC.
27.9 No waiver of this agreement between the Company and the Union may be granted by an individual member of the Union. Waivers may be granted only by Union representatives when such waiver is requested, justified and verbally approved by the International Union, unless for an emergency (an occurrence beyond the reasonable control of the parties) in which event the local Union representative may grant a waiver and thereafter must obtain approval or rejection of said waiver from the International Union. Written rejection to the Company of an emergency waiver granted locally will be cause for the waiver to be ineffective following receipt of said rejection notice by the Company.
27.10 (a) An authorized representative of the Union, upon reasonable advance notice, and upon approval by the Company, which shall not be unreasonably withheld, shall be afforded access to the non-working areas of the Company's operations to communicate with employees covered by this Agreement and in such a manner as not to interfere with or disturb normal operations or an employee's normal work schedule.
(b) The Union Steward or his/her designee may confer with the Company during the regular working hours without loss of pay. These meetings and conferences must be held at reasonable times and so as not to interfere with operation of the Company's business.
27.11 The Company will, within twenty (20) working days, advise the Local Union of a new unit employee's name, address, telephone number, Primary Functional Role, starting salary, and whether the employee has been hired as a regular full-time, part-time, or temporary employee.
27.12 The Company may , in its discretion, appraise and evaluate employees at least once a year. The intent of evaluations is not for disciplinary purposes but rather for remediation and setting goals for professional advancement. This is not intended to preclude the Company from utilizing the disciplinary action/discharge provisions in this Agreement. The Company shall, at the employee's request, prepare a reevaluation after six (6) months. Evaluations shall not be subject to the grievance/arbitration provisions of this Agreement.
27.13 Radio personnel shall continue to prepare promotional announcements. Additionally, program producers shall continue to prepare promotional announcements directly relating to the programs they produce and additionally may prepare promotional announcements for other programs when available and assigned. It is understood that their performing the above work is not expanding the jurisdiction of the Union to include promotional work.
27.14 The purpose of the Member-to-Member Training Program is to provide training to employees outside of their normal job duties. The Company agrees to provide facilities and training manuals (when available) for training. The Company agrees to continue to pay employees for training that pertains to their normal duties, as in the past. Employees will not be paid by the Company for training under this program.
The Company will have final approval on the use of equipment. All requests for the use of equipment will be made to the General Manager three weeks in advance. Local No. 26 agrees to pay for the cost of the instruction. The amount will be worked out between each individual instructor and the Local. Final approval of the cost of training will be up to the Local Executive Board. The Local will pay the cost of outside instructors for specialized training when possible.
Employees will sign up for training two weeks in advance of the training date. The Local may require a sign-up fee that will be refunded after the training is completed. The Employee agrees to attend all training dates that they sign up for. The Company and the Union agree to work together to provide cross training for interested Employees. Instructors must be approved by the Company.
The training program will not be subject to the grievance and arbitration provisions of the collective bargaining agreement. Members may not use specialized equipment for training purposes without proper supervision.
27.15 The parties hereto mutually agree to abide by the Company's "Drug-Free Workplace Policy" except that any discipline imposed thereunder will be subject to the Grievance/Arbitration provisions of Section 7.0 with the exception of a workplace drug statute conviction.
27.16 Maintenance of telephones, computers, and office equipment may be performed by either unit or non-unit personnel, or by contract.
27.17 Delays in submitting work records related to compensation, premiums, or penalties may result in the delay of payment for overtime, premium, or penalty pay without recourse by the Union or employee.
27.18 Librarian functions may be performed by unit and non-unit employees, volunteers, or Interns, excepting, however, accepting and accessioning of incoming music may only be performed by unit or management employees.
27.19 The Company will, on its locally produced television productions, place the NABET logo in the visual credits. In addition, the Company will restore NABET's underwriting credit on television at no fee for the first year of this Agreement.
28.0 NON-DISCRIMINATION
28.1 The Company and the Union recognize their respective responsibilities under State and Federal laws and regulations pertaining to fair employment practices. Neither party hereto shall discriminate against any employee, or prospective employee, on the basis of race, creed, color, sex, national origin, age, disability, or marital status as required by Federal and State laws and regulations.
29.0 WAGES
29.1 Wage rates are to be paid on a biweekly basis.
29.2 It is understood that the wage rates are minimums, and do not preclude the payment of wages on a merit basis higher than the rates stated in this Agreement.
29.3 New hires (full time*, regular part-time, and part-time temporary employees**) will be paid a weekly/minimum hourly base wage as follows during the term of this Agreement:
First Year Second Year Third Year
* $290.00 $310.00 $330.00
**$ 7.25 $ 7.75 $ 8.25
29.4 (a) The basic wage for all current employees (full-time, regular part-time, and part-time temporary) will be increased by the following cents per hour increase starting on the effective date of this Agreement and each anniversary date thereafter:
First Year Second Year Third Year
$ .40 $ .40 $ .40
(b) There shall be no required hourly or annual minimum wage (other than required by law) for temporary employees.
29.5 Company designated in-unit supervisory employees will receive an additional Twenty-five dollars ($25.00) per week which shall not be added in any computations for overtime or annual percentage increases.
29.6 If an employee is required by the Company to carry a "pager" or "two-way radio" during non-scheduled hours, he/she will be compensated at Two dollars seventy-five cents ($2.75) per day above his/her regular daily rate. If an employee assigned to carry a "pager" or "two-way radio" is paged or called, and does not respond within a reasonable time, in no event longer than one (1) hour, he/she will not receive the additional compensation.
29.7 New employees starting date and wage rate shall be made available in writing to the Local Union. Any changes in wages shall also be made available to the Local Union.
30.0 SAVINGS CLAUSE
30.1 If any provision of this Agreement is in conflict with any Federal or State statutes or local ordinances, it shall become inoperative but all other provisions of this Agreement shall remain in full force and effect.
31.0 TERM OF AGREEMENT
31.1 This Agreement represents the sole and entire Agreement between the parties and shall become effective as of the 1st day of July, 2003 and shall continue in full force and effect until the 30th day of June, 2006 and shall be considered automatically renewed from year to year thereafter, unless written notice shall be sent by either party to the other party postmarked at least sixty (60) days prior to the expiration date of this Agreement or the end of any such year thereafter, requesting a termination or modification of any or all the terms of this Agreement.
IN WITNESS WHEREOF, WSKG PUBLIC TELECOMMUNICATIONS COUNCIL and the NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS - COMMUNICATION WORKERS OF AMERICA, AFL-CIO, have caused this Agreement to be duly executed on their behalf by their respective officers, hereunto duly authorized, on and of the day and year aforesaid.
UNION:
NATIONAL ASSOCIATION OF BROADCAST
EMPLOYEES AND TECHNICIANS -
COMMUNICATION WORKERS OF AMERICA, AFL-CIO
By:___________________________________
John Clark, NABET-CWA
Sector President
By:______________________________
William Murray, Staff Representative
NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS - COMMUNICATION WORKERS OF AMERICA, AFL-CIO, LOCAL UNION NO. 26
By:________________________________
John Ziller, Local Union #26 President
By: ______________________________
Kenneth Campbell, Stewart
FOR COMPANY:
WSKG PUBLIC TELECOMMUNICATIONS
COUNCIL
By:________________________________
Gary Reinbolt, President and CEO
EXHIBIT "1"
PAYROLL ASSIGNMENT AND DEDUCTION AUTHORIZATION
To: WSKG Public Telecommunications Council
I hereby authorize WSKG Public Telecommunications Council to deduct from my wages a sum equal to one and two-thirds percent (1 2/3%) of my total earnings, including overtime and initiation fees (but excluding fines or special assessments) for the previous payroll period and each payroll period thereafter on account of membership dues in NABET/CWA or agency shop service charges, whichever is applicable. In addition, I authorize the deduction of such dues or fees and the initiation fee as set forth in the by-laws of the Union to be deducted from my wages in equal amounts as set forth below. The sums to be deducted are hereby assigned by me to NABET/CWA and are to be remitted by the Company to the National Association of Broadcast Employees and Technicians, AFL-CIO.
I submit this authorization and assignment with the understanding that it will be effective and irrevocable for a period of one (1) year from this date, or up to the termination date of the current Collective Bargaining Agreement between WSKG Public Telecommunications Council and NABET/CWA, AFL-CIO, whichever occurs sooner.
This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and each subsequent yearly period shall be similarly irrevocable unless revoked by me within ten (10) days prior to the expiration of any irrevocable period thereof. Such revocation shall be effected by written notice by Registered Mail to the Company and the Union within such ten (10) day period.
TOTAL INITIATION FEE $_________ INITIATION FEE $_______ PER [WK] PAYROLL PERIOD.
I hereby agree that the amount indicated above will be deducted for consecutive pay periods until my obligation is met, but in no case shall such period extend beyond six (6) consecutive payroll periods.
DATE:_________________________ SIGNATURE _______________________
WITNESSED BY:____________________________
Please print or type:
__________________________________________________
Last Name First Name Middle Initial
__________________________________________________
Street Address (include P.O. Box and/or Apt. #)
__________________________________________________
City State Zip Code
Social Security No. ______________________________
EXHIBIT "2"
For purposes of layoff and recall only, the Company agrees to four "Primary Functional Roles," to be Television MCR/Traffic; Television Operations; Radio; Engineering
Primary Functional Role Assignments by Seniority
| Television MCR/Traffic |
|
| James, Jennifer | 6/25/89 |
| Cook, Kathleen | 9/15/99 |
| Coveny, Stacey | 9/20/99 |
| Davis, Daniel | 12/22/02 (Full Time) |
|
|
|
| Television Operations |
|
| Jaker, William | 9/3/85 |
| Milligan, Thomas | 11/13/89 |
| Frey, Brian | 1/11/95 |
| Williams, Christine | 3/22/98 |
| Pioch, Andrew | 3/22/99 |
| Saunders, Holly | 11/12/01 |
|
|
|
| Radio |
|
| Campbell, Kenneth | 8/26/91 |
| Snyder, Wm. Clark | 10/11/93 |
| Hollis, John Scott | 5/9/96 |
| Kocher, Crystal | 5/7/98 |
| Dunbar, Heather | 4/22/00 |
|
|
|
| Engineering |
|
| Pufky, Michael | 5/14/79 |
| Bombar, Peter | 1/31/94 |
| Frost, David | 7/27/98 |
EXHIBIT "3"
VACATION/SICK TIME ACCRUAL PAYMENT POLICY
In a week where vacation is approved and scheduled at the end of the scheduled workweek, but the employee works enough hours prior to the days off making the sum of worked hours and non-worked hours exceed 40, vacation hours not actually used may not be applied to create overtime payment. The employee will have the option to bank unused vacation hours (carry over) or get paid for the pre-approved vacation hours at straight time per 17.3 of the collective bargaining agreement, i.e. "All vacation pay shall be compensated at the employee's regular straight time base pay for 40 hours."
Vacation hours at the start of the week actually taken will be applied in computing total hours and overtime will be paid for hours in excess of 40 hours (based on the theory that the overtime occurs at the end of the week during hours actually worked).
Sick time may not be applied to bring an employee's weekly total above 40 hours. In a case where an employee has sick time and worked hours in excess of 8 hours or 10 hours (depending on normal scheduled workweek) in a day or 40 hours in the week, the sick time will be banked in the employee's accrual as currently is the policy and in accordance with the collective bargaining agreement.
EXHIBIT "4"
POLICY FOR SECTION 15
(Travel Time/Mileage Payments)
When an assignment for work is made which requires that an employee remain overnight in a location determined by the Company and the employee is being transported in a Company vehicle, computation of hours worked shall commence from the point where the employee starts his/her commute to the actual working site based on the customary time required to make a direct commute between those points.
When an employee chooses to use his/her own vehicle for the mutual benefit of employee and WSKG and leaves for work from a place not his/her permanent work site i.e., the employee's home or temporary location, he/she will be compensated for time and mileage, but only the amount in excess of the normal time and mileage he/she would normally have to expend in his/her commute from his/her home to the permanent work site. This will require prior approval by management.
When there is Company transportation available, if an employee chooses to use his/her own vehicle, strictly for his/her own convenience, only the reasonable time in transit (not mileage) between his/her permanent work site and work location will be compensated under Section 15.1(a) ("employees must use the Company's transportation").
Should the Company request that an employee use his/her own vehicle, for purposes of compensation, it will be treated as if it were a company vehicle and all mileage and time will be compensated. This will require prior approval by management.
Time and mileage factors will be determined for each employee, by consultation with his/her manager based on actual miles and average time to the permanent work site from the employee's home.
Travel time, hours of work to be compensated, and method of travel for conferences, meetings and other activities not normally associated with the employee's regular "work" will be outlined in a memo of understanding between the employee and the affected manager prior to final acceptance/fee payment for the activity. Should an impasse be reached, the Company shall have the sole option to cancel the employee's participation.
EXHIBIT "5"
WSKG PUBLIC TELECOMMUNICATIONS COUNCIL
DRUG-FREE WORKPLACE POLICY
1. POLICY STATEMENT
WSKG Public Telecommunications Council (hereafter "WSKG") hereby promulgates this "Drug-free Workplace Policy" in accordance with the Federal mandate contained in the "Drug-free Workplace Act of 1988," as amended [PL 100-690, Title V, Subtitle D; 102 Stat. 4181] (hereinafter referred to as the "Act"), requiring federal grantees to make a "good faith" effort to maintain "drug-free" workplaces.
It is the intent of WSKG to fully comply with the Act to both insure the proper maintenance of Federal grants, and provide the safest possible work environment for our employees.
This policy shall be known as "WSKG'S DRUG-FREE WORKPLACE POLICY." All employees shall be fully informed of this policy and shall receive a copy of the policy prior to its implementation. Future employees shall be informed of and receive a copy of this policy upon offer of employment. Additional copies and information shall be furnished upon request to the Personnel Office.
2. NOTICE TO ALL EMPLOYEES
YOU ARE HEREBY NOTIFIED THAT THE UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSATION, POSSESSION, OR UNLAWFUL USE OF ANY CONTROLLED SUBSTANCE IS PROHIBITED IN THE WORKPLACE. VIOLATIONS OF THIS PROHIBITION WILL RESULT IN DISCIPLINARY SANCTIONS UP TO AND INCLUDING IMMEDIATE DISCHARGE.
DISCIPLINARY SANCTIONS
Violation of any prohibited action under this policy may subject an employee to the following disciplinary sanctions:
(a) suspension for a specified period of time without pay or benefits;
(b) conditional suspension requiring the employee to obtain a drug evaluation by a certified professional counselor, and counseling or the satisfactory completion of a drug rehabilitation treatment program;
(c) immediate discharge.
WSKG shall have sole discretion in deciding the imposition of penalties (including discharge), time periods, and conditions of any disciplinary sanction on an employee who has violated the provisions of this policy.
3. DRUG-FREE AWARENESS PROGRAM
WSKG shall create and maintain a "Drug-Free Awareness Program" designed to inform employees about:
(i) the dangers of drug abuse in the workplace;
(ii) WSKG's policy of maintaining a drug-free workplace;
(iii) drug counseling, rehabilitation, treatment programs, and other employee assistance programs, where available;
(iv) the various penalties, up to and including discharge, that may be imposed upon employees for drug abuse violations.
4. CONDITION OF EMPLOYMENT
As a condition of employment at WSKG, every employee shall:
(i) abide by the terms of the Policy Statement in Section "1" above;
(ii) notify WSKG of any criminal drug statute conviction (State or Federal), for any violation occurring in the workplace, no later than five (5) days after such conviction.
WSKG shall impose disciplinary sanctions up to and including discharge of any employee so convicted, or shall require the satisfactory completion of a drug rehabilitation treatment program prior to the employee's return to work.
5. IMPLEMENTATION
WSKG shall have authority to promulgate and implement the provisions of this policy, including any modifications or revisions. The Personnel Office shall coordinate and control the Drug-Free Awareness Program outlined in Section "3" of this policy. Comments or suggestions may be submitted in writing to the Personnel Office.
6. CONCLUSION
WSKG appreciates all employees' cooperation in the attempt to maintain a safe, drug-free work environment for our employees. It is WSKG's intent to comply with both the letter and the spirit of the Drug-Free Workplace Act of 1988, as amended.
EXHIBIT "6"
July 1, 2003
Mr. John Ziller
NABET Local 26
335 Main Street
Johnson City, NY 13790
Re: Letter of Clarification to Section 13.1 of Nabet/CWA/WSKG
Collective Bargaining Agreement
Dear Mr. Ziller:
In order to apply fairness and uniformity toward the application of discipline, an additional paragraph will, by this letter, be added to Section 13.1, to wit:
A procedure of progressive discipline will be applied for tardiness as follows, and the Union notified within two (2) days of same:
Step 1 Verbal warning
Step 2 First written warning
Step 3 Second written warning
Step 4 One (1) day suspension without pay
Step 5 Three (3) days suspension without pay
Step 6 Termination
Employees must notify their supervisor or department head in advance when possible of their lateness for work or pursuant to other company policies.
. . A (12) month period will be used to delete a violation.
Signatures below indicate acceptance of terms and conditions outlined above.
_______________________________ ___________________________
William Murray Date Gary Reinbolt Date
International Representative President and CEO
NABET/CWA WSKG
________________________________
John Ziller Date
President
NABET Local #26
EXHIBIT "7"
July 1, 2003
Mr. John Ziller
NABET/CWA
335 Main Street
Johnson City, NY 13790
Subject: Letter of Understanding - Section 3.6b
Dear John:
In order to provide fairness to NABET members and WSKG and in order to bring clarity and coherency to our application of part-time temporary usage, WSKG proposes the following Letter of Understanding regarding Section 3.6b of our current Collective Bargaining Agreement:
a) WSKG will not schedule part-time temporary employees in excess of 35 hours per week per person on average.
b) Part-time temporary employees will not be scheduled for overtime if it violates Article 8.9.
c) NABET will waive the requirement that part-time temporary employees be hired for a specifically limited period of time.
Either side reserves the right to withdraw this Letter of Understanding with a 365 day written notice.
Thank you for your attention in this matter.
For WSKG: For NABET/CWA:
________________________ _________________________
Gary Reinbolt John Ziller
President and CEO President Local #26
_________________________
William Murray
Staff Representative
cc: Frank Nemia, Local Counsel for WSKG
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