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EXHIBIT 10.27
AFTRA/WTOV-TV BASIC AGREEMENT
FOR NEWSROOM EMPLOYEE - 1996-1999
AGREEMENT made as of January 29,1996, AMERICAN FEDERATION OF TELEVISION
AND RADIO ARTISTS, and its PITTSBURGH LOCAL, a voluntary association organized
and existing under the State of New York and having its principal offices at
000 Xxxxxxx Xxxxxx, Xxx Xxxx, 00000 (hereinafter called "AFTRA"), and Xxxxx
Broadcasting Group, Inc., owner of WTOV-TV, located in Steubenville, Ohio
(hereinafter called "Company" or WTOV-TV).
In consideration of the covenants and agreements herein contained it is
agreed as follows:
1. BARGAINING UNIT
(a) UNIT:
This Agreement applies to all full-time and regular part-time
newsroom employees now and hereinafter employed by the Company at
WTOV-TV (herein called "newspersons") excluding all office
clerical employees, interns, the assistant news
director/executive producer, the assignment editor/executive
producer, non-news professional employees, supervisors as
defined in the Labor Management Act, as amended, and all other
non-news employees. The Company warrants it is the sole owner and
operator of station WTOV-TV.
(b) TEMPORARY EMPLOYEES:
A temporary employee is one hired by the Company to accommodate
temporary openings resulting from promotions, terminations,
vacations, leaves of absence, extended illnesses or significant
or unexpected fluctuations in the work load not to exceed ninety
(90) days unless extended by mutual agreement which consent shall
not be reasonably withheld. Temporary employees hired by the
Company, who subsequently are hired as regular employees within
thirty (30) days beyond the ninety (90) days shall accrue
seniority as of temporary hire. Temporary employees shall be
covered by all terms of this Agreement except for protection
relating to just cause for discipline or discharge, "fringe
benefits", i.e., medical insurance, sick-leave vacation, etc. and
shall not be covered by the union shop provision until they
become employees. Temporary employees shall not be hired to
permanently replace regular full or part-time bargaining unit
employees and shall be laid-off before any regular seniority
employees in the same classification can be laid off. Overtime
will be offered to full-time and part-time employees in the
same classification before any temporaries.
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(c) PROBATIONARY PERIOD:
New employees shall work under the provision of this Agreement
but shall be employed on a trial basis for ninety (90) days. This
period may be extended by the mutual agreement of the Company,
AFTRA and the individual employee. During the probationary
period, the employee may be terminated with or without cause and
without recourse to the grievance and arbitration machinery.
2. REPRESENTATION
AFTRA warrants, represents and agrees that it represents for collective
bargaining purposes, a majority of the newspersons employed by the
Company at WTOV-TV. Upon such warranties, representations and agreements
by AFTRA, the Company hereby recognizes AFTRA as the exclusive
collective bargaining agency.
3. UNION SHOP
(a) It is agreed that during the term of this Agreement, the Company
will employ and maintain in its employment, only such newspersons
covered by this Agreement as are members of AFTRA in good standing
or as shall make application for membership not later than thirty
(30) days after the date of hiring as such, or the effective date
of this Agreement, whichever is later.
(b) The provisions of this paragraph shall be subject to the Labor
Management Relations Act, as amended.
(c) AFTRA agrees that it is and will continue to be an open union and
that it will keep its membership rolls open and will admit to
membership all eligible newspersons engaged by the Company. AFTRA
agrees not to impose unreasonable entrance fees or dues upon its
members.
(d) The union shop provision of this Section and other terms of this
Agreement shall not apply to interns who are college students
working at the station as part of a credit-bearing course
provided that such interns shall not be used to permanently
replace any bargaining unit member or position and provided
further that no more that five (5) interns may be engaged at any
one time.
4. ADMISSION TO PREMISES
(a) Any duly authorized and accredited representative of AFTRA shall
be admitted to the premises of the Company at reasonable times to
check the performance by the Company of this Agreement; but such
checking shall be done so as not to interfere with the conduct of
the Company's business and after making an appointment with
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the Station's Management for this purpose. No more than two such
representatives shall be admitted for this purpose.
(b) The Company agrees that only the following persons and no others
shall be recognized to represent AFTRA for purposes of this
Agreement or for any other purpose: National Executive Secretary,
Pittsburgh Local Executive Secretary, National Representative and
such other person as AFTRA may designate hereafter by written
notice to the Company. The Company agrees that AFTRA shall have
no liability by reason of or responsibility for the actions of
any other that those herein designated.
5. MINIMUM TERMS: WAIVERS
The Company agrees that the minimum terms and conditions governing the
employment of newspersons by the Company are those contained in this
Agreement and the Company agrees that, except as permitted by this
Agreement, it will not enter into any contract with, or employ any
newsperson upon terms and conditions less favorable to the newsperson
than those set forth herein. The parties further agree that nothing in
this Agreement shall be deemed to prevent any newsperson from
negotiating for or obtaining better terms than the minimum terms
provided for herein. The Company agrees not to reduce such terms and
conditions during the course of the newspersons personal service
agreement The Company agrees not to require any newsperson to do any act
that would violate any internal rule of as long as such rule of AFTRA is
not inconsistent with or violative of any term or provision of this
Agreement.
6. DISCRIMINATION
Both the Company and the Union subscribe to the principle that there
should be no discrimination against any person because of race, creed,
color, national origin, religion, sex, age, veteran status or
disability, to the extent prohibited by applicable federal, state or
local law.
7. MANAGEMENT RIGHTS/RULES REGULATIONS
The Company, except as they clearly and explicitly abridged by any
provision of this Agreement, reserves and retains exclusively all of its
normal and inherent rights with respect to the management of the
business, whether exercised or not, including, but not limited to, its
rights to determine, and from time to time redetermine, the number,
location and types of its operations and locations, and the methods,
process, and materials to be employed, to introduce new and improved
methods; to discontinue conduct of its business or operations in whole
or in part; to select and direct the working forces in accordance with
the requirements determined by management to be necessary to the
orderly, efficient and economical operation of the business, such
measures to be, administered without
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discrimination any Employee; management reserves the right to maintain
and require methods of record keeping, provided exercise of such rights
shall not be in violation of other articles contained within this
Agreement. The Company's right to terminate employment or otherwise
discipline for just cause shall include, but not to be limited to, the
right to terminate or discipline employees for possession or use of
alcohol or illegal drugs on Company premises or working under their
influence or refusing to submit to a blood or urine test to determine
such influence if the Company has reasonable cause to believe that the
employee has reported to work or is working under their influence. (In
the testing procedure, the parties shall designate a testing laboratory
and the employee shall be permitted to submit a split sample. Employees
who test positive on the first incident shall be entitled to enroll in a
rehabilitation program on a leave of absence instead of discharge.)
INDIVIDUAL AGREEMENTS
The Employer shall have the right to bargain, and execute individual
employment agreements, with covered newspersons. Such agreements shall
not provide for wages and benefits less favorable that those provided
for in this Agreement, but such agreements may provide for restrictive
covenants, i.e. non-compete clauses, expiration dates, and such other
terms and conditions acceptable to the individual newsperson and the
Company, provided however that in the event any employee covered by an
individual agreement works weekly hours in excess of forty on a
cumulative contract year basis so that his compensation would be less
than it would have been under this Agreement, then all such hours which
are in excess of such threshold shall be paid at time and one half the
employees hourly rate. To calculate the employee's hourly rate, his
weekly compensation under the individual agreement shall be divided by
40.
8. ARBITRATION
In the event there should be any controversy or dispute arising with
respect to the interpretation or breach of this contract between AFTRA
and the Company, AFTRA and the Company agree promptly and in good faith,
to attempt to settle such dispute amicably. In the event that they are
unable to do so, any such controversy or dispute shall be submitted in
writing specifying the specific provision of the Agreement allegedly
breached and the relief sought. If the controversy or dispute continues
it shall be settled by arbitration each party bearing half the expense
of the arbitrator, the hearing room and transcript when requested by
both parties. Enforcement of the award may be obtained in the federal
court having jurisdiction.
In referring the matter to arbitration, the aggrieved party shall be
required within (30) days after the acts or conduct that gave rise to
the dispute, to request under the then current Voluntary Labor
Arbitration Rules of the American Arbitration Association a list of
available arbitrators, and if possible, the parties shall select a
mutually agreeable arbitrator from this list. If the parties cannot so
select, the Voluntary Labor Arbitration
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procedures of the American Arbitration Association shall govern the
selection of the arbitrator. A final decision of the arbitrator shall be
made speedily, shall be transmitted in writing by registered mail to the
parties, such decision shall be binding upon both parties and each of
them will promptly comply. AFTRA will aid the enforcement of any awards
against its members by appropriate disciplinary action. The powers of the
arbitrator are specifically limited to a determination of the meaning or
the application of this Agreement including the arbitration clause and he
shall have no power to modify or amend this Agreement nor to render a
decision finding a violation of this Agreement unless it is based on a
specific provision of this Agreement, nor to rule on the merits of any
dispute which is not submitted in the format and time limits specified
herein.
Nothing herein contained shall prohibit the Company and newsperson from
resolving their dispute on an individual basis so long as it does not
create a precedent binding on AFTRA or other employees before any
grievance is filed.
9. NO STRIKE CLAUSE
(a) AFTRA agrees that during the term of this contract and any
extension thereto and unless the Company is refusing to comply
with a final arbitration award rendered hereunder, newspersons
will perform their obligations hereunder and will not strike
against, picket, refuse to cross a picket line, boycott nor
withhold any services from the Company.
(b) The Company agrees there will be no lock-out of newspersons
during the term of this Agreement and any extension thereto.
10. SECONDARY STRIKE
In no case shall newspersons strike against, picket or boycott nor
withhold any services from the Company by reason of the reception,
broadcast and transmission by the Company of programs which persons are
used who are employed by others than the Company, irrespective of
whether such programs originate at a point at which AFTRA or others are
striking, or are broadcast over the Company's facilities on behalf of a
sponsor or agency against whom AFTRA or others are striking.
The Company agrees that in the event AFTRA is striking on behalf of
members (not limited provided in Paragraph 1 hereof), performing duties
at any radio or television station, the Company will not, without the
consent of AFTRA, require its newspersons to render services in programs
excess of the number of programs that are normally available to such
station, where such excess broadcasting involves the services of
newspersons is designed to replace broadcasts which would, in the
absence of such strike, be of local origination at the station where
such strike exists.
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The Company further agrees that newspersons shall not be required to go
to any other Company station where an authorized strike is in progress.
11. GOVERNMENTAL REGULATIONS
This Agreement and all of its provisions are subject to the rules,
regulations and orders of the Federal Communications Commission or any
other governmental body having jurisdiction over the Company's
broadcasting license for Station WTOV-TV.
12. TERM OF AGREEMENT
This Agreement extends to January 28, 1999 and from year to year
thereafter unless notice of termination is given by either party at
least sixty (60) days prior to expiration.
13. TITLE OF AGREEMENT
This Agreement shall be known as the AFTRA/WTOV-TV Minimum Basic
Agreement for Newspersons, 1996-1999.
The Company agrees that the following are the minimum terms and
conditions which govern employment of newspersons now or hereafter
employed by the Company at Station WTOV-TV.
14. WORK WEEK
(a) The work week of a newsperson shall consist of 40 hours in
consecutive days within a seven-day period. The Company, at its
discretion, may assign newspersons to work on a flexible
scheduling basis so as to provide any combination of days and
hours worked per day as long as such scheduling results in the
employee having at least two consecutive full days off in each
week and the required rest between staff stretches. For example,
the Company may schedule newspersons for a work schedule of five
8-hour days, four 10-hour days, or a combination of two 12-hour
work days with two 8-hour work days. The Company may require the
rendition of services for more than 40 hours or more than 5 days
in any seven-day period, subject to the payment of overtime as
hereinafter provided.
Overtime shall be paid for hours worked in excess of 40 in one
week or on a daily basis in instances where the newsperson's
regularly scheduled work day (i.e., eight hours, ten hours or
twelve hours for the individual employee) is exceeded by that
employee. Modifications in such flexible scheduling for
newspersons shall be in accord with requirements noted in
Subjection (e) below and subject to the ten-day advance posting
requirement.
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(b) Adequate "prep" time shall be scheduled before on-the-air work.
(c) The Company agrees to schedule the work week of each newsperson
so that his/her two consecutive days off in each week shall
permit him/her to be continuously absent from employment not less
than fifty-eight (58) hours.
(d) For payroll purposes only a "week" shall consist of seven (7)
consecutive days beginning with the commencement of broadcasting
on Monday at 4:30 a.m. Pay day shall be every other Friday.
(e) All work schedules shall be posted ten (10) days in advance.
Unless forty-eight (48) hour notice is received, any employee
whose schedule is changed shall receive a penalty payment of five
dollars ($5) for the first day changed except for instances of
sickness, jury duty, funeral or emergency leave of the employee
or other employees, or reasons beyond the control of the Company
not known prior to the schedule change cut-off time for prior
notification. Mutual agreement of the employee and the Company is
excepted.
15. OVERTIME
(a) Hours worked by any newsperson in any seven (7) consecutive days
starting with the first consecutive day scheduled for the
employee in excess of forty (40) hours shall be overtime.
Overtime will also be paid on a daily basis for hours worked by
employees in excess of their scheduled work day. Overtime shall
be paid for at the hourly rate of one and one-half times 1/40 of
the respective newsperson's weekly salary.
(b) The minimum assignment for a newsperson to perform duties on
his/her scheduled day off or on a regular work day not contiguous
to the regular schedule shall be not less than four (4) hours.
16. MEAL PERIOD
The Company shall assign employees a 1/2 hour unpaid meal period in
addition to the eight hours worked each day. If the employee is unable
to take a 1/2 hour break because of the requirements of the assignment
on a particular day, such employee shall be paid for 1/2 hour additional
compensation, and will be permitted to eat while on duty.
17. REST BETWEEN STAFF STRETCHES
The first staff assignment of any newspersons shall begin not sooner
that eleven (11) hours after the conclusion of his/her last staff
assignment on the preceding day; except as a result of a change of hours
requested by the newsperson, or in the case where a newsperson is
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scheduled temporarily by reason of the absence (except for vacation)
of another staff newsperson, or by reason of an occurrence beyond the
control of the Company. In all other cases, an amount computed at the
rate of one-half times 1/40th of the newspaper's weekly salary shall,
in addition to any other compensation, be paid to the newsperson for
all hours worked within the period which ends eleven (11) hours after
the conclusion of the assignment of the preceding day.
18. STAFF DUTIES
A. For their weekly salary and within the regularly scheduled staff
stretch, the following are generally descriptive of the types of
duties of each employee category. The listing of these duties should
not be interpreted as creating a requirement that all the duties shall
be performed during a single staff stretch. Employees shall be given
a reasonable amount of time to perform their duties consistent with
delivery of a quality product and the efficient operation of the
station. Employees in each category may be assigned to perform duties
in other categories when needed by the Employer as long as they
possess the necessary qualifications and skills to perform such work.
REPORTER:
1. Initiating, researching, writing and/or reporting of stories,
updates, commentaries, special reports, series, documentaries
on tape or live.
2. Establishing and maintaining familiarity with at least the
local market and statewide issues, as well as individual
and/or best contracts and sources.
3. Interviewing persons connected with news and public service
programs.
4. Working with other news department employees when in pursuit
of and/or editing of news and public service programs.
5. Rewriting and editing material from outside sources such as
wire and network services, satellite feeds, newspapers, public
relations material and other agencies or institutions.
6. Assist the producer and/or photographer in developing ideas
for graphics and video effects.
7. Duties normally associated with desk assistance or assignment
editor, including but not limited to assigning stories,
gathering, writing and preparation of news material for use by
themselves or others.
8. Record, log and preview newsfeeds from network satellite
services and other
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incoming material on equipment provided the Employer.
9. Duties normally associated with announcing, including but not
limited to, station identifications, promotion and public
service announcements in accordance with past practice.
10. Putting news tapes in, order and deliver to control and
answering telephone, and operating Teleprompter when those who
normally perform those tasks are unavailable.
VIDEOGRAPHER:
1. Photograph all news related material, live or on tape, edit
news related material record, edit and shoot "bumps" and
headlines or any other video that appears in news and public
service programs.
2. Working with other news department employees when in pursuit
of and/or editing of news and public service programs.
3. Assist the producer and/or reporter in developing graphics and
video effects.
4. Record, log and preview newsfeeds from network satellite
services and other incoming material on equipment provided by
the employer.
5. Oversee and monitor quality control with all news equipment
and news vehicles.
6. Performance of such other duties as news and program
requirements of Employer may necessitate including but not
limited to, putting news tapes in order and deliver to
control, answering telephone, operating Teleprompter and other
newsroom tasks when those normally assigned to perform such
tasks are unavailable.
7. AFTRA's Jurisdiction over photographing live news outside of
the Steubenville studio shall not apply when the switching of
cameras is required.
ANCHOR/REPORTER/PRODUCER
1. Anchor live or taped newscasts and other news and public
service programs.
2. Produce newscasts, oversee the newsroom in the absence of News
Director, Assistant News Director or Executive
Producer/Assignment Editor when assigned.
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19. HAZARDOUS WORK AND ASSIGNMENTS
Without his/her consent, no newsperson shall be required to work under
conditions where there exists immediate imminent danger of bodily
harm. If such a condition exists, the newsperson shall call management
to discuss the situation as soon as they are out of such imminent,
immediate danger.
20. TRAVELING TIME AND EXPENSE
A proper allowance shall be included in the elapsed time for necessary
traveling time to and from remote points on location assignments, and
time spent at remote points to which a newsperson may be assigned by
the Company, it being understood and agreed that not less than eight
(8) elapsed hours shall be credited to such newsperson for each day
spent in transit and/or at such remote points on such assignment. No
other payment shall be required for time spent in traveling when
sleeping accommodations are furnished at remote points. The Company
will pay all reasonable, ordinary and necessary out-of-town traveling
expenses actually incurred as authorized and upon proper vouchers as
required by the Company. The Company will provide coach air
transportation on all flights. When the newsperson with the consent of
the Company uses his/her own car, he/she shall be paid the WTOV
mileage rate (to be increased if the Company's rate increases),
parking expenses and tolls. Those newspersons assigned to Wheeling
shall receive payment for parking his/her own car, provided they have
obtained management's approval as to price and location.
21. VACATIONS AND HOLIDAYS
A. Vacations:
1. Existing bargaining unit employees as of the date of transfer
of ownership shall receive payments for their accrued but
unused vacation leave that existed as of the date of transfer.
Payments shall be calculated based upon salaries and wages
earned during 1995. Payments will be made within 45 days of
execution of this agreement.
2. Effective with commencement of the new agreement, the Company
will convert vacation benefits (and eligibility for same) for
the bargaining unit from the former "Employee Anniversary
Date" basis to an "Employer Calendar Year" basis using January
3, 1996 as the commencement date. Upon such conversion,
newspersons in the bargaining unit will be able to earn and
utilize vacation leave in the same year. Newspersons will
receive the same vacation allotments as provided below:
1-5 years of employment as of Jan. 3 2 weeks
6-15 years of employment as of Jan. 3 3 weeks
More than 15 years of employment as of Jan. 3 4 weeks
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Additionally, newspersons who are eligible to receive four (4)
weeks vacation may elect to take 3 weeks of vacation leave and
be paid an additional week's pay on an agreed upon "sell-back
reimbursement basis".
3. For purposes of conversion, any employee who was in his or her
first year of employment (and had not completed same at the
time of transfer) shall be considered as a first-year employee
and will be eligible to receive the 2 weeks vacation leave
noted above.
4. New bargaining unit full-time employees hired after the
commencement of the contract shall be entitled to vacation,
sick leave and personal day usage based upon schedules which
will take into account the new employee's commencement of
employment and pro-rated leave benefits. This schedule shall
be determined by the parties' representatives.
5. The Employer shall have the right to adjust and deduct from a
departing employee's final paycheck(s) any amounts
representing such leave taken during the year when the
departure date is such that the employee has already exceeded
the pro-rata paid leave time allowed. (For example, an
employee is entitled to four weeks vacation leave and takes
all vacation prior to departure of June 30 in a calendar
year. In such case, since the employee had completed less
than 1/2 year of service but had taken a full year's worth of
vacation credits, the employer may withhold two weeks salary
from the employee's final paycheck(s).
6. Newsperson shall advise the Company of their vacation period
preference no later than March 7 of each year. Vacation weeks
shall coincide with the normal work week (i.e. five (5) work
days plus the regular two (2) days off) and shall be
scheduled and taken at any time of the year, subject to
management's right to place limitations on vacations during
rating periods. Newspersons shall have the choice of vacation
periods in order of their seniority in the newsroom during
non-rating periods. Vacation must be used during the year it
is earned.
7. Part-time newspersons shall receive vacation pro rated based
on their normal work schedules.
B. HOLIDAYS:
1. Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, and New Year's Day shall be paid holidays. In
addition, each full-time Employee who has satisfied his
probationary period shall be entitled to one (1) personal
holiday each contract year. The Employee shall be required to
give at least two (2) weeks' advance notice of his intention
to take such a holiday and it shall be subject to operating
requirements as determined by the Company. Any newsperson who
is
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required to work on such holidays, full-time or part-time,
will be paid at double time for the hours worked or by mutual
agreement, can receive another day off with pay. Any
newsperson who is on vacation when such holiday falls on one
of his/her normally scheduled work days will be given one (1)
additional day of vacation. Any employee not scheduled to work
on a holiday listed above shall be paid an extra day's pay in
lieu of the holiday or be given a day off with pay, at
management's option.
Any newsperson, full-time or part-time, performing work on the
above holidays outside his/her basic work week will be paid at
double time for the hours worked.
Each newsperson may elect to forego the holiday pay for
working on the holidays named above and to substitute days off
with pay for each day so selected at another time, said day(s)
off to be mutually agreeable to the Company and the
newsperson, with the newsperson required to give fifteen (15)
days notice for any such day(s), whether single days or
collective days. The Company shall approve or reject such
requests within seven (7) days.
2. Part time newspersons shall receive holidays pro rated based
on their normal work schedules.
22. TERMINATION OF EMPLOYMENT
(a) No permanent employee covered by this Agreement shall be
suspended, demoted or dismissed without just and sufficient
cause. Newspersons employed under personal services contracts
may be subject to other written provisions relating to
separation from employment and/or discharge. Except where
employment is terminated for just cause, resignation or
retirement, the Company shall give any newsperson who has
completed his or her probationary period notice of layoff of
at least two weeks or pay in lieu thereof and one week of
severance pay for each complete year of service, up to a
maximum of 12 weeks.
(b) A newsperson employed under an individual agreement providing
for compensation in excess of the minimum they would receive
under this Agreement may be discharged at the termination of
the individual agreement upon the Company releasing him/her
from any non-compete provision that may exist in the
individual agreement and payment of notice and severance pay
as described above. The Company may offer continued employment
with compensation less favorable than the expired personal
agreement, but in that event the newsperson could opt to
decline such an offer and the newsperson would be considered
to be discharged.
(c) The severance formula noted above in Section (a) shall not
apply to employees working under personal services contracts
which have more favorable provisions for severance
compensation and notice regarding expiration and non-renewal.
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(d) The Company will pay any newsperson for unused vacation and
accrued holiday time at the time of termination provided the
newsperson has given the Company two weeks notice of his/her
resignation, if the termination occurs as a result of the
newsperson's resignation.
(e) The Company agrees not to discriminate against any newsperson
because of any claim made by him/her or submitted by him/her
to AFTRA respecting this Agreement by the Company.
23. LAYOFFS
Should it become necessary due to economic reasons to lay off a
newsperson, seniority shall be considered first, provided that
qualifications, ability, suitability and past work record may also be
taken into consideration. This provision shall not be used to
undermine the principle that terminations shall be for just cause,
unless caused by economic reasons. Such laid off employee shall be
entitled to all benefits of the termination clause herein. If
thereafter for a period of six (6) months, a vacancy occurs in his/her
job classification, the Company shall notify the newsperson laid off
and such newsperson will be re-employed according to his/her
seniority status at the time of layoff, provided he/she responds to
the layoff notice within two (2) weeks. However, if an employee is
recalled, he shall begin a new severance pay accrual from the date of
recall.
24. LEAVE OF ABSENCE
Any employee with one (1) or more years of service shall, for valid
health reasons, be granted a leave of absence not to exceed six (6)
months, provided such leave of absence is approved by the Company. An
approved copy of such leave of absence shall be furnished the employee
by the Company. Upon the return of an employee from a leave of
absence, he/she shall be re-employed in the position held immediately
preceding such leave, provided such still exists; otherwise he/she
shall be re-employed in a position as nearly the same as practicable,
or if no such position is available, shall be laid off and be eligible
for recall for the following six (6) months. In computing the
employee's seniority, except as it pertains to wages and vacation
accrual, such leave of absence shall be credited the employee as time
worked. The employee will not be permitted to perform outside work or
receive wages or remuneration during the time of leave of absence.
25. FAMILY AND MEDICAL LEAVE
(a) An employee who is pregnant may work so long as her physician
certifies that she is fully able to perform her normal duties.
Periods of disability associated with pregnancy and childbirth
shall be treated in the same fashion as illness.
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(b) Child leave and other leave required by the Family and Medical
Leave Act shall be granted in accordance with the provision of
that ACT.
(c) In the event a newsperson has utilized unpaid family illness
leave (or has used accumulated vacation leave for such a
purpose) in excess of five consecutive work days, he or she
may thereafter utilize up to a maximum of five days of his or
her accrued paid sick leave for such continuing family illness
leave.
26. RE-EMPLOYMENT AFTER MILITARY SERVICE
Any newsperson who enlists or is drafted into active military service
of the United States shall be granted a leave of absence for the
period of such military service (but not to exceed the period required
by draft or one enlistment). Such newsperson who thereafter (1)
receives a certificate or other evidence of honorable discharge under
the laws of the United States and (2) is, at time of discharge or
completion of such military service, qualified to perform the duties
of the position of employment which he/she left, and (3) makes
application for reemployment within ninety (90) days, after he/she is
relieved from such military service, shall be restored by the Company
to the position which he/she left or to a position which is of like
seniority status and pay within the bargaining unit covered by this
Agreement at Television Station WTOV-TV where he/she had been employed
and with the seniority accumulated during service unless the Company's
circumstances have so changed as to make it impossible or unreasonable
to do so.
27. OUTSIDE EMPLOYMENT
Newspersons shall be permitted to engage in outside employment and
activities which do not interfere with the performance of their duties
or obligations to the Company so long as they notify the Company in
advance, and so long as they are not employed by radio, television,
cable or other communication companies that compete with the Company.
Newspersons serving under personal services contracts may be subject
to limitations or restrictions regarding outside employment or
off-premises activities as contained therein consistent with the
above.
28. SICK LEAVE AND FUNERAL LEAVE
A. New employees hired during the calendar year shall, upon
completion of their probationary period, be entitled to
pro-rata sick leave for the remainder of their first calendar
year of employment. Thereafter, such employees shall be
entitled to eight (8) days sick leave credit on an annual
basis.
All other full-time employees who have completed their
probationary period will receive eight (8) days sick leave
credit per calendar year. Sick leave earned but not utilized
will accumulate from year to year, up to a maximum of twenty
(20) days.
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B. Pay allowance will be paid for sickness of employees
incapacitating them for work. Upon the Company's request, a
doctor's certificate must be presented before pay will be
allowed.
C. Pay allowance will be paid up to three (3) days for death and
funerals in the immediate family. This includes brother,
sister, father, mother, son, wife, husband provided the
Employee attends the funeral.
D. Pay allowance will be paid for one (1) day for attending a
funeral for mother-in-law, father-in-law, sister-in-law,
brother-in-law, grandmother or grandfather.
E. Pay allowance will be paid only for 3 days missed that are
regular scheduled workdays for the Employee.
29. JURY DUTY
Any newsperson with one or more years of service called for jury duty
or subpoenaed to appear as a witness at a trial, shall be granted time
off to attend to such responsibilities. The Company shall pay the
difference between any jury pay or witness fee received and the
newsperson's regular salary, up to maximum of five (5) days per year.
30. HEALTH BENEFITS
The Company shall continue to provide for existing full-time
newspersons and their dependents such hospitalization coverage, major
medical coverage, life, vision, dental coverage, short-term and
long-term disability insurance as is provided through the Xxxxx Health
Insurance Plan. The provision of benefits under this plan shall be at
the same employee contribution rates as previously existed under the
("TSP") Company plan. The Company shall pay 75% and the employee shall
pay 25% of such increases in the costs for individual or dependent
coverage. The Employer shall be free to change carriers and alter,
amend or discontinue such plans so long as it does not discriminate
between the newspersons and the non-bargaining employees with regard
to such benefits.
Existing full-time newspersons shall have the option to
continue their enrollments in such HMO plans as were in force and
which remain available at the contribution rate of 85% Company/15%
employee for dependent coverage; 94% Company and 6% employee for
single coverage. Future cost increases shall be divided in the same
manner as with the Xxxxx Plan (75% Company, 25% Employee), except that
in no event shall the dollar amount of the Company's share of such
increase in the HMO cost exceed the Company's share of dollars paid
for the increase in the above described Xxxxx Plan in any year.
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Additionally, should employees elect to continue participation
in such HMO's, the employer will provide a special life plan to
supplement the HMO plan wherein the employee will receive term life
coverage with a death benefit computed at the rate of one and one-half
times his or her annual salary, to a maximum of $200,000. The total
cost of such additional life insurance protection shall be borne by
the employer.
New employees hired after execution of this agreement who
qualify as full-time newspersons shall receive the health insurance
plans noted above and will be eligible for the HMO option. Such
employees hired after January 3, 1996 shall pay the same employee
contribution rate for such individual or dependent coverage as
non-bargaining unit employees. If an employee returns, for the
purpose of enrollment, to the Xxxxx plan after leaving, he or she
shall be responsible for the employee contribution rate as determined
for new employees entering the Xxxxx Plan.
31. DEFERRED INCOME PLAN
The parties acknowledge that they have negotiated concerning
retirement and deferred income plans and have agreed to modify that
participation in a Section 401(k) plan offered by the Company will
be made available in accordance with the following contribution
schedule:
Employees may contribute in accordance with Plan rules and
regulations. The employer agrees to provide matching contributions in
the total amount of 1% for 1996, 2% for 1997 and 3% for 1998 for
employees who choose to contribute.
32. SALARIES
The minimum weekly salary for newspersons in the categories listed
shall be as follows:
MINIMUM WEEKLY ENTRY
LEVEL SALARIES FOR NEW EMPLOYEES
(HIRED AFTER JANUARY 29, 1996)
----------------------------------------------------------------------------------------
CLASSIFICATION EFF.1/29/96 EFF.1/29/97 EFF.1/29/98
----------------------------------------------------------------------------------------
ANCHOR/PRODUCER 330 340 350
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WEEKEND NEWS, SPORTS, WEATHER ANCHOR 265 273 281
----------------------------------------------------------------------------------------
REPORTER/PRODUCER 250 258 265
----------------------------------------------------------------------------------------
VIDEOGRAPHERS 240 247 255
----------------------------------------------------------------------------------------
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Existing Employees
Existing employees shall receive compensation increases as
noted below.
Effective Upon Ratification
If an employee, as of 12/31/95, was earning less than $7.00 per
hour, such employee shall receive the greater of an increase to
$7.00 per hour or three percent (3%) added to his or her wage
rate. Except as noted below or as set forth in a signed
memorandum supplementing this Agreement, all other employees
shall receive a three percent (3%) increase.
Effective 1/29/97
All employees shall receive a three percent (3%) increase.
Effective 1/29/98
All employees shall receive a three percent (3%) increase.
The Station may hire or promote newspersons based upon combinations of
duties of positions.
STORY FEES
The Reporter and Photographer responsible for a story that is sold by
the station shall receive in the aggregate one half (1/2) of the fee
received by the station. The employee's portion of the story fee will
be paid after each calendar quarter newsperson provided he was
actively employed by WTOV-TV at the last day of the quarter.
33. PART-TIME NEWSPERSONS
(a) Part-time newspersons shall be compensated at one-fortieth
(1/40th) of the weekly salary for each hour worked.
(b) A part-time newsperson shall be paid for a minimum four (4)
hours for any day he/she is called to work.
(c) In the event a part-time newsperson works more than forty (40)
hours in any workweek or more than eight (8) hours per day,
he/she shall be paid overtime for all such excess hours.
Payment shall be computed in not less than ten (10) minute
units.
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(d) Termination of employment benefits of a part-time newsperson
shall be based on a proportionate basis of that payable to a
full-time newsperson.
(e) The Company may employ one part-timer for three full-timers.
(f) Regular part-time employees who are regularly scheduled for 32
or more hours per week will be eligible for health and
insurance benefits on the same basis as full-time employees.
(g) Part-time newspersons regularly scheduled to work thirty (30)
hours or less per week shall receive pro-rated vacation leave
and shall also receive pro-rated sick leave up to a maximum of
five (5) days per year.
34. NOTIFICATION TO AFTRA
The Company will furnish AFTRA with the names and addresses of all
newspersons within fifteen (15) days of hire or termination.
35. PERFORMANCE BY NONBARGAINING UNIT PERSONNEL
The Company and AFTRA agree on the principle that persons not covered
by this Agreement shall not perform any duties listed of their working
time except that interns working at the station, temporary employees
for up to ninety (90) days of employment by the station or such period
as may be agreed upon pursuant to 1(b), and the News Director and
either the Asst. News Director/Executive Producer or the Assignment
Editor/Executive Producer shall be subject to no limitation provided
that their performance of such duties is consistent with past practice
except that either the Asst. News Director/Executive Producer or the
Assignment Editor/Executive Producer shall be permitted to report up
to five stories per week.
36. CHECK-OFF
The Company agrees to deduct from the wages of employees initiation
fees and dues required by the union upon notification from the union
of the amounts due, provided the Company receives from each such
employee on whose account such deductions are to be made, an
individually signed check-off authorization form lawful under the
Labor Management Relations Act, as amended. Such check-off forms shall
be irrevocable during the term of this Agreement or for one year,
whichever occurs sooner. Such deductions shall be made from the first
payday each month and forwarded promptly to AFTRA-Pittsburgh, 000
Xxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000.
37. TRANSFER OF OWNERSHIP
The parties agree that if the Company should transfer or assign the
operation of the station to any third party or parties during the term
of this Agreement as a result of any action of any
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governmental agency immediately affecting the Company's operation of
WTOV-TV or because of involuntary transfer or assignment, the Company
need not require the transferee or assignee to assume the obligations
of this Agreement, and if the transferee does not assume such
obligations, the Union and its members shall be free of all
obligations hereunder; but all other cases of transfer or assignment
of WTOV-TV shall require the transferee or assignee to assume, for the
benefit of the Union and its members, the obligations of this
Agreement, and the Company shall be required to pay Employees for any
vacation earned, but not taken under this Agreement, and any other
compensation due.
38. COMPLETE AGREEMENT
The parties hereto acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining.
Thus, the understandings and agreements arrived at by the parties
after the exercise of such rights and opportunities are set forth in
this Agreement, which document constitutes the entire Agreement
between the parties and concludes collective bargaining for its term.
Therefore, except as provided in this Agreement, the Company and the
Union for the life of this Agreement each voluntarily and
unqualifiedly waives the right, and agrees that the other shall not be
obliged to bargain collectively with respect to any subject or matter
referred to or covered in this Agreement or with respect to any
subject or matter not specifically referred to or covered in this
Agreement, even though such subject or matter may not have been within
the knowledge or contemplation of either or both parties at the time
that they negotiated or signed this Agreement.
It is further understood by both parties that this Agreement
supersedes any and all prior agreements, past practices, or
understandings, either written or verbal, that are inconsistent with
or in conflict with the terms of this Agreement.
Should any part of provision of this Agreement be rendered or declared
illegal or invalid by any decree of a court of competent jurisdiction
or by decision of any authorized government agency, the remaining,
unaffected part(s) or provision(s) of this Agreement shall not be
affected thereby and shall remain in full force and effect. However,
in such a contingency, the parties shall meet promptly and negotiate
with respect to substitute provisions for those part(s) or
provision(s) rendered or declared illegal or invalid.
39. LAWS OF OHIO
This Agreement, made, executed and delivered in the City of
Steubenville, Ohio, shall be governed by the laws of the State of
Ohio.
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40. RATIFICATION
This Agreement is subject to ratification by the AFTRA National Board
and the President of Xxxxx Broadcasting Group, Inc. and shall not
become effective or binding upon the parties until so ratified and
countersigned by the National Executive Secretary of AFTRA, and the
President of Xxxxx Broadcasting Group, Inc.
ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO:
AMERICAN FEDERATION OF TELEVISION & XXXXX BROADCASTING GROUP, INC.
RADIO ARTISTS, PITTSBURGH LOCAL WTOV-TV
By: [ILLEGIBLE] By: [ILLEGIBLE]
------------------------------------ ------------------------------------
Local Executive Secretary Station Manager
APPROVED AND RATIFIED: APPROVED AND RATIFIED:
By: [ILLEGIBLE] By: /s/ XXXXX X. XXXX
------------------------------------ ------------------------------------
AFTRA National Executive Xxxxx Broadcasting Group, Inc.
Dated: 6-10-96. Dated: 7-9-96
--------------------------------- --------------------------
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