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EXHIBIT 10.12
A G R E E M E N T
BETWEEN
WDTN
AND
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
LOCAL NO. 1266
EFFECTIVE JULY 3, 1998
THROUGH JULY 2, 2003
(subject to adjustment
as of date of closing)
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TABLE OF CONTENTS
ARTICLE I - DURATION............................................................
ARTICLE II - ASSURANCES..........................................................
ARTICLE III - RECOGNITION.........................................................
ARTICLE IV - MANAGEMENT RIGHTS...................................................
ARTICLE V - HOURS OF WORK.......................................................
ARTICLE VI - RATES OF PAY........................................................
ARTICLE VII - OVERTIME
ARTICLE VIII - VACATIONS AND PERSONAL DAY..........................................
ARTICLE IX - PERSONAL ILLNESS....................................................
ARTICLE X - LEAVES OF ABSENCE...................................................
ARTICLE XI - GRIEVANCE PROCEDURE AND ARBITRATION.................................
ARTICLE XII - DISCIPLINE AND DISCHARGE............................................
ARTICLE XIII - LAYOFF AND RECALL...................................................
ARTICLE XIV - OTHER CONDITIONS OF EMPLOYMENT......................................
ARTICLE XV - 401K PLAN...........................................................
ARTICLE XVI - RESTRICTION ON OPERATIONS...........................................
ARTICLE XVII - INSURANCE...........................................................
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A G R E E M E N T
This Agreement made and entered into as of this 3rd of July, 1998, by
and between STC Broadcasting, Inc. as the owner and operator of Station WDTN
(hereinafter called the "Station"), and Radio and Television Broadcast Engineers
Local Union 1266 of the International Brotherhood of Electrical Workers,
AFL-CIO, (hereinafter called the "Union").
WITNESSETH:
WHEREAS, both the Station and the Union have a sympathetic interest in
the radio and television broadcasting industry, harmonious understandings are
necessary to improve the relationship between the Station, the Union and the
Public, and all will be benefited by continuous peace and by adjusting any
differences by rational common sense methods, and to these ends this Agreement
is made:
NOW, THEREFORE, in consideration of the promises and agreements of each
party hereto mutually given and bargained in exchange for the promises and
agreements of the other party hereto, the Station and Union promise and agree as
follows:
ARTICLE I - DURATION
SECTION 1.
(a) This Agreement constitutes the entire contract between the Station
and the Union and settles all demands and issues with respect to all matters
subject to collective bargaining. Therefore, the Station and the Union, for the
duration of this Agreement, waive the right, and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or
matter which is subject to collective bargaining whether or not such subject or
matter is specifically referred to herein.
The parties agree that in interpreting the terms of this Agreement, the
Employer shall not be bound to any claims of past practices which may have
existed under the ownership and operation of WDTN-TV by prior owner before the
commencement of this Agreement.
(b) Changes in, or amendments to, the terms of this Agreement may be
made at any time by mutual agreement of the Station and the Union. When
amendments or revisions are so made, they shall be reduced to writing and
executed in the same manner as this Agreement.
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(c) This Agreement shall be binding upon the parties' successors and
assigns.
SECTION 2.
(a) This Agreement shall become effective as of July 3, 1998, and shall
remain in effect up to and including July 2, 2003, and shall automatically renew
itself from year to year thereafter unless written notice to terminate or amend
the Agreement is given by either party to the other at least ninety (90) days
prior to its expiration or the expiration date of any annual renewal thereof.
(b) If notice of termination shall be given, negotiations for a new
Agreement shall take place during the ninety (90) days prior to its expiration.
(c) If notice to amend shall be given, such notice shall set forth the
proposed amendments and the parties shall promptly meet to negotiate with
respect to the proposed amendments. In the event that negotiations for an
amended Agreement shall continue beyond the expiration of the term of this
Agreement, this Agreement shall continue in full force and effect, provided,
however, that either party may then terminate this Agreement upon ten (10) days'
written notice to the other party.
ARTICLE II - ASSURANCES
SECTION 1.
The Union agrees that there shall be no general or partial strike,
direct or sympathy, or other form of work stoppage of any or all of the
employees, or picketing, boycotts directed against the Station or any other
interruptions or delays of work or any other interruptions of the Station's
normal operations during the term of this Agreement.
SECTION 2.
The Station agrees that no lockout against any or all of its employees
shall take place during the term of this Agreement.
SECTION 3.
If any strike or work stoppage occurs in violation of this Agreement,
the Union and its local officers, business agents and representatives agree
immediately to disavow such strike or work stoppage and to use all reasonable
means to prevent the conduct and continuance of such strike or work stoppage.
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SECTION 4.
In the event of such strike or work stoppage, any employee or employees
found guilty of instigating, fomenting, actively supporting, or condoning such
illegitimate strike or work stoppage, shall be subject to immediate discipline,
including discharge. Such disciplinary action by the Company shall not be
subject to the grievance and arbitration provisions of this Agreement except as
to the questions of whether or not such violation in fact occurred and whether
or not the employees who were discharged in fact instigated, fomented, actively
supported or condoned any activities herein prohibited.
ARTICLE III - RECOGNITION
SECTION 1.
The Station recognizes the Union as the sole and exclusive bargaining
agent for all Producer/Directors, News Photographers, Production Technicians,
Maintenance Engineers, and Broadcast Engineers who are referred to by the terms
"Employee" or "Employees" in all other places in this Agreement, employed at
Television Station WDTN at Dayton, Ohio in its programming and production
departments excluding the Production Manager and all office clerical employees,
professional employees, guards, managers, building maintenance janitors, and all
other news, production, promotion, traffic, administrative and sales department
employees including announcers, and supervisors as defined by the Act, and all
other employees.
SECTION 2.
For the first one hundred twenty (120) days of their employment, all
employees covered by this Agreement will be considered probationary employees
and not subject to the terms of this Agreement except as to rates of pay and
hours of work. The Station shall be the sole judge of the requirements and
qualifications of such probationary employees for retention in the employ of the
Station.
SECTION 3.
In the event that an employee is retained as a regular employee after
the completion of his/her probationary period, his/her length of service will be
computed as of the first day of his/her employment in the unit of employees
covered by this Agreement. Successful completion of the probationary employment
shall not be considered as an offer by the Employer of any employment contract
except as otherwise provided herein.
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SECTION 4.
(a) The responsibilities of the Producer/Directors covered by this
Agreement will primarily consist of the directing of: programs, commercials,
sales and/or vendor presentations, public service announcements, news
reproduction, assistant directing, and public service programs consistent with
the professional standards established by management. Producer/Directors may
also be assigned remote tape shootings of: video tape programs, commercials,
promotional announcements, and creative unit productions.
(b) The responsibilities of Photographers covered by this Agreement
will primarily consist of: operating electronic cameras and related equipment
for the purpose of news gathering, sports, weather, and other duties as assigned
within the News Department.
Photographer's duties will also include shooting and editing
news and sports stories, and doing live shots for news, weather and sports
segments of newscasts and other programs.
The Station recognizes the professionalism and craftsmanship
of the Photographers. The Station reserves the right for the purpose of
operational necessity or cost effectiveness, as determined by the News Director,
to utilize personnel other than members of the bargaining unit to perform work
which is normally assigned to Photographers, provided that in so doing they do
not cause the layoff of photographers covered by this Agreement and provided
that said assignments are not permanent.
(c) The responsibilities of Maintenance Engineers covered by this
Agreement will primarily consist of: operation, construction, installation,
maintenance and repair of all technical equipment and facilities of the Station
requiring the application of electricity in the transmission of voice, sound and
sight, whether the same is of an experimental or commercial nature, or whether
not used for public consumption, including network originations, recordings,
transcriptions, film and tape, including also the recording and playback,
cutting and splicing of video tape on or off the air when done on the Station's
equipment.
(d) The responsibilities of Broadcast Engineers covered by this
Agreement will primarily consist of: operation of technical equipment for any
purpose under this Agreement (as distinguished from the troubleshooting and
repair of such equipment).
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(e) The responsibilities of Production Technicians covered by this
Agreement will primarily consist of: performing the work required in the
receiving, shipping, handling, moving, preparation, erection, operation,
dressing and striking of stage sets, supplies and commercial and other props
used on shows originated by the Station; performing the work required in caring
for all props and stage sets so that they are kept in good operating condition;
assisting in the procurement of props and the pulling of cables as directed;
operating dollies, rigging and counterweight systems, flying operating drops,
curtains and similar devised and camera cues, as directed; holding cue cards and
performing similar related duties such as operating prompting devices for
talent, as directed. Production Technicians may also be assigned to operate TV
cameras, place microphones, light sets and replace lamps.
Production Technicians who are deemed qualified by the Station
may also be assigned to do pre-production work, assistant directing, simple
commercial mixes, directing taped news updates and public affairs programs.
Production Technicians may be assigned to shoot remote video tape outside the
studio. Production Technicians may be assigned to shoot remote video tape
outside the studio. Production Technicians will be compensated at the entry
level Producer/Directors rate while performing such work. While assigned such
work, Production Technicians shall not be paid less than two (2) hours at the
applicable Producer/Director rate. In order to be eligible for such higher rate
of pay, a Production Technician must be assigned and working independently in
such duties.
Production Technicians who are deemed qualified by the
Station, may be assigned audio production, including recording, mixing and
related production.
(f) Employees within the bargaining unit may be assigned to
perform any work of the Employer including work outside of the bargaining unit
provided no reduction in their rate of pay occurs and said assignments are not
permanent.
Bargaining unit employees may be assigned to perform the
duties of any bargaining unit positions, provided that said assignment shall be
under the general direction and control of appropriate Station supervision and
provided further, that the employee is capable of performing such assignments.
In the event of any emergency, as defined by the Employer,
persons other than members of the bargaining unit may perform the duties (other
than the routine direction of regularly scheduled newscasts) of a bargaining
unit position as set forth in this Agreement, so long as such performance does
not cause the layoff of any bargaining unit employees.
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(g) Bargaining unit employees may be assigned the call up to air of
character generating equipment. When assigned such work, employees will be
compensated at the broadcast engineer's rate, if greater than the employee's
rate of pay.
(h) Employees may be required to perform work not covered in this
Section 4 of this Article III, provided that while performing such work all
terms of this Agreement shall apply and be binding.
(i) Bargaining unit employees may be required to perform snow removal
duties in the event of an emergency. The Station may utilize subcontractors to
perform snow removal work.
SECTION 5.
(a) All Employees covered by this Agreement and hired after the
effective date of this Agreement shall become members of the Union on the
thirty-first (31st) day following date of employment and shall remain members as
a condition of continued employment, to the extent of paying periodic membership
dues uniformly required of all Union members. The Union will furnish Employer
with a copy of the Union's written notice of dues delinquency to employee. The
Union shall advise each new hire of the Union membership requirements of this
Agreement.
(b) During the term of this Agreement, the Station agrees to deduct
Union membership dues levied by the International Union or Local Union in
accordance with the Constitution and Bylaws of the Union, from the pay of each
employee who executes or has executed the following "Authorization for Check-off
of Dues".
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AUTHORIZATION FOR CHECK-OFF OF DUES
Date
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"To WDTN Division of STC Broadcasting, Inc. I hereby assign to Local union No.
1266, International Brotherhood of Electrical Workers, AFL-CIO from any wages
earned or to be earned by me as your Employee such sums as the Financial Officer
of said Local Union No. 1266 may certify as due and owing from me as membership
dues, in such sum as may be established from time to time by said Local Union in
accordance with the Constitution of the International Union. I authorize and
direct you to deduct such amounts from my pay and to remit same to the Union at
such times and in such manner a may be agreed upon between you and the Union at
any time while this authorization is in effect. Union dues shall be collected
bi-weekly in advance.
This assignment and authorization, upon acceptance by the Station, shall become
effective in accordance with and subject to the applicable provisions of the
Collective Bargaining Agreement now in effect between the Station and the Union,
provided this assignment and authorization has been delivered to the Station on
or before the tenth (10th) day of the month in which deductions are to be made,
and may be revoked by me at any time by written notice by me to WDTN Division of
STC Broadcasting, Inc."
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(Signature of Employee Here)
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(Address of Employee)
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(Type- or Print Name of Employee Here)
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(City) (State)
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(Date of Signature) (Social Security No.)
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(Date of Acceptance by WDTN)
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(By)
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The Union agrees to indemnify and save the Company harmless against any
and all claims, demands, suits and other forms of liability, including without
limitations, liability under the provisions of any Federal or State statute,
that shall arise out of or by reason of action taken or not taken by the Company
for the purpose of complying with any of the provisions of this Section 5 of
Article III.
SECTION 6.
When the Employer requires additional personnel, it shall make
reasonable effort to offer available opportunities to current qualified
employees. Furthermore, the Employer shall notify the Union for the purpose of
providing equal opportunity with all other sources to furnish suitable
applicants. This provision shall not interfere with the Employer's right, in its
discretion, to select the new employee, regardless of source.
Within ten (10) calendar days after the hiring of any new bargaining
unit employee, the Employer shall furnish in writing to the Union the name, date
of hire and job classification of the new employee.
SECTION 7.
For the purposes of administering this Agreement, an authorized agent
of the Union shall have reasonable rights of visitation and inspection at the
Station and its facilities during normal working hours; provided, however, that
the exercise thereof shall not interfere with, nor interrupt the Employer's
normal course of business and operations.
SECTION 8.
The Employer shall recognize the Union ▇▇▇▇▇▇▇ as the on-site
representative of the Union. It shall be the responsibility of the ▇▇▇▇▇▇▇ to
ensure compliance with the terms and conditions of this Agreement on the part of
both the Employer and employees. The ▇▇▇▇▇▇▇ shall receive the cooperation of
all Supervisors in so doing and shall be permitted reasonable opportunity to
fulfill that responsibility without disrupting the operation of the Station.
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SECTION 9.
The Employer shall designate where, and grant permission to the Union,
to place one bulletin board at the Station for the posting of information
pertaining to its members.
SECTION 10.
Part-time employees may be utilized to perform bargaining unit work on
a daily basis. Individual part-time employees may not be normally scheduled to
work more than twenty-four (24) hours in any seven (7) day period commencing
with such employee's first work day in that period. Such part-time employees
shall not be scheduled to work beyond twelve (12) consecutive hours on any day.
The above limitation on maximum hours per week shall not apply to
part-time employees who performed services at WDTN prior to the commencement of
this Agreement.
ARTICLE IV - MANAGEMENT RIGHTS
So long as the provisions of this Article IV are not inconsistent with
the terms of this Agreement, the Management of the Station's operations and the
direction of the working force including, among others, the right to hire,
promote or transfer, to suspend or discharge for proper cause, the right to
relieve employees from duty because of lack of work or for other legitimate
reasons and the right to subcontract work performed by employees covered by this
Agreement is vested exclusively in the management of the Station.
The right of the Company to program its air time in such manner as it
may determine and to establish or to modify standards of performance for all
activities is specifically reserved to the Company. Nothing in this Agreement
shall be construed to limit or in any way restrict the right of the Company to
modify, adopt, install or operate existing, new or improved equipment or methods
of operation. Nothing herein contained shall be intended or shall be considered
as a waiver of any of the usual inherent and fundamental rights of Management,
whether the same were exercised heretofore or not; and the same are hereby
expressly reserved to the Station.
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ARTICLE V - HOURS OF WORK
SECTION 1.
Employees covered by this Agreement shall be paid only for hours worked
in each regular work week except as provided in Article IX hereof. The Station
reserves the right to establish and adjust working hours in accordance with the
requirements of operations and the schedule of work hours shall not be
considered a guarantee of employment.
SECTION 2.
The normal schedule of hours shall consist of:
(a) Eight (8) consecutive hours per day, exclusive of unpaid lunch
period.
(b) Five (5) consecutive days per week. Employees shall be granted two
(2) consecutive days off each week, provided that this requirement may be varied
only when days off follow commencement or conclusion of a week, so that one (1)
day may be the end of the one (1) week and the second (2nd) day, the
commencement of the next week.
(c) In addition to the above schedule of hours, the Station may provide
such other combinations of work days and hours (i.e., 4 days of 10 hour shifts)
as deemed appropriate by the Station, provided that under such alternate 40 hour
shift, the employee is not required to work split shifts and, further; that the
Employee is scheduled so as to receive at least two (2) consecutive days off.
Additionally, should any such alternate combination of work days call for more
than ten (10) hours work in a day, such alternate schedule must have the
agreement of the affected employee(s).
SECTION 3.
A one-half (1/2) hour unpaid lunch period shall be scheduled by the
Station for each employee at approximately the midpoint of the workday. By
mutual agreement with the Employer, employees may receive a one (1) hour unpaid
lunch period.
SECTION 4.
The regular work week shall begin at 12:01 a.m. Monday and end at 12:00
a.m. on the following Monday.
SECTION 5.
(a) Employees' days off may be nonconsecutive upon agreement of the
Station and the employee involved.
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(b) The Station shall establish and post a regular daily schedule
starting time for each employee at least seven (7) days in advance. Any changes
in such schedule shall be posted at least seven (7) days in advance, except in
cases involving the cancellation of special events, changes in network schedules
or sporting events, or other unforeseen circumstances or emergencies which are
beyond the control of the Station.
SECTION 6.
A day shall consist of twenty-four (24) consecutive hours starting at
the beginning of the regularly scheduled shift in which the employee starts to
work but this definition shall not apply when a shift change is involved and
shall not carry over from one regular work week into the next regular work week.
Forty-eight (48) hours' advance notice of any shift change will be given
whenever possible to regular full-time employees.
SECTION 7.
Scheduling of shift assignments and the days of regular work weeks for
the various employees shall be within the Station's management rights. The
Employer, in doing so, shall take into consideration, the preferences of the
employees within the classifications based upon seniority in such
classification. However, it is understood and agreed that the efficiency of the
operations as determined by the Employer will be the controlling factor as to
whether the individual employee's preferences for shift assignments and work
week designations will be granted.
ARTICLE VI - RATES OF PAY
(a) MINIMUM STARTING SALARIES
During the term of this Agreement, minimum annual starting salaries for
employees hired after the commencement of this Agreement shall be as follows:
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ANNUAL SALARY PRO RATA ANNUAL SALARY PRO RATA
CLASSIFICATION YEARS 1, 2, 3 HOURLY RATE YEARS 4 AND 5 HOURLY RATE
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Producers/Directors $20,000.00 $9.58 $21,000.00 $ 10.06
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Photographer 15,000.00 7.18 16,500.00 7.90
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Broadcast Engineer 15,000.00 7.18 16,500.00 7.90
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Maintenance Engineer 22,000.00 10.54 23,000.00 11.02
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Production Technicians 14,000.00 6.70 15,000.00 7.18
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Part-time 6.70 7.25
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Nothing in this Agreement shall prevent the Employer and new employee from
agreeing to a higher entry level. Any increases thereafter acquired by virtue of
the terms of this Agreement shall be added to the higher entry level wage so
agreed upon.
(b) MAINTENANCE ENGINEERS, PRODUCTION TECHNICIANS AND PRODUCERS/DIRECTORS
Full-time employees shall receive an increase to their pre-existing base wage as
follows:
Effective 6/1/1998 2.5%
Effective 6/1/1999 2.5%
Effective 6/1/2000 3.0%
Effective 6/1/2001 3.0%
Effective 6/1/2002 3.0%
PHOTOGRAPHER AND BROADCAST ENGINEERS
Full-time employees making more than $35,000 on an annual basis, exclusive of
overtime, shall receive an increase to their pre-existing base wage as follows:
Effective 6/1/1998 1.0%
Effective 6/1/1999 1.5%
Effective 6/1/2000 2.5%
Effective 6/1/2001 2.5%
Effective 6/1/2002 2.5%
Full-time employees making less than $35,000 on an annual basis, exclusive of
overtime, shall receive an increase to their pre-existing base wage as follows:
Effective 6/1/1998 2.5%
Effective 6/1/1999 2.5%
Effective 6/1/2000 3.0%
Effective 6/1/2001 3.0%
Effective 6/1/2002 3.0%
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PART-TIME
Part-time employees shall receive an increase to their pre-existing base wage as
follows:
Existing part-time employees who earn less than $6.70 per hour prior to the
commencement of this Agreement, shall have their wage rates raised to $6.70 per
hour and thereafter receive increases as noted below. Part-time employees who
receive greater than $6.70 per hour prior to commencement of this Agreement
shall have their wage rates increased as follows:
Effective 6/1/1998 2.5%
Effective 6/1/1999 2.5%
Effective 6/1/2000 2.5%
Effective 6/1/2001 3.0%
Effective 6/1/2002 3.0%
Effective June 1, 2001, the minimum starting hourly rate for part-time employees
shall be $7.25 per hour.
(c) CONTRACT SIGNING BONUS
In addition to other forms of compensation and adjustments to be received under
this Agreement, each full-time employee shall receive a one-time bonus, which
shall not be added to such employee's base wage, in the amount of 3% of the
employee's annual base rate prior to this Agreement. This bonus will be paid
within fifteen (15) days of the effective date of this Agreement. All part-time
employees will receive a $100 bonus (or 3% of the employee's annual base rate,
whichever is higher) payable within fifteen (15) days of the effective date of
this Agreement.
SECTION 1.
It is understood that the reclassification, assignment, promotion or
reassignment of any employee in any job classification set forth herein shall be
at the sole discretion of Management. It is also understood that in considering
bargaining unit employees for promotion within the unit, the Station will take
qualifications and ability into account and if such factors are considered
equal, then seniority shall be the determining factor.
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SECTION 2.
If the Station (in writing) assigns a Producer/Director to temporarily
function as the Production Manager for a period of one (1) week or more, the
Producer/Director shall be paid an additional 10% of pay for each full week
while assigned.
SECTION 3 - HEALTH INSURANCE, VACATION LEAVE AND SICK LEAVE BENEFITS FOR
PART-TIME EMPLOYEES.
During the term of this Agreement, part-time employees who are
regularly scheduled to work more than 30 hours per week shall be entitled to
participate in the medical insurance programs made available to the full-time
bargaining unit employees, subject to the same participation and contribution
standards as such other employees. Such part-time employees shall also be
entitled to vacation leave and sick leave on a pro rata basis depending upon
their hours worked, in accordance with Articles VII and XI of this Agreement.
Part-time employees regularly scheduled to work 24 hours or less per
week shall receive vacation leave and sick leave on a pro rata basis depending
on the average hours worked, in accordance with the above noted Articles. Such
part-time employees shall not be entitled to participate in the Employer's
medical insurance programs.
Part-time employees employed at WDTN prior to commencement of this
Agreement, who participated in and received health insurance under the prior
owner's health plans, shall be eligible to participate in the Employer's medical
insurance plans as noted in Article XVII of this Agreement at the same rates of
contribution as such other employees covered by the Employer medical insurance
plans.
ARTICLE VII - OVERTIME
SECTION 1.
All overtime payments shall be computed at the employee's basic
straight-time hourly rate of pay.
SECTION 2.
Employees shall be paid overtime as follows:
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(a) One and one-half (1 1/2) times the employee's basic straight-time
hourly rate for all hours worked in excess of the Employee's scheduled hours in
any one (1) day, or
(b) One and one-half (1 1/2) times the employee's basic straight-time
hourly rate for all hours worked in excess of forty (40) hours in any one (1)
work week.
(c) An employee who is called back to work after he/she has completed
at least a normal day's schedule of work and has left the premises, shall be
paid no less than four (4) hours at one and one-half (1 1/2) times his/her basic
straight-time hourly rate.
(d) An employee who has worked at least a normal work week of his or
her scheduled days and who is called in to work on a normal day off shall be
paid for no less than four (4) hours at one and one-half (1 1/2) times his/her
basic straight-time hourly rate.
(e) There shall be a break of at least ten (10) hours between the
termination of the employee's last work shift and the commencement of his/her
next work shift. Employees who are required to work during their turnaround
period will receive time and one-half (1 1/2) compensation for the hours worked
by them during the turnaround period.
(f) An additional two dollars per hour ($2.00/hr.) shall be added to
the basic straight-time hourly rate for work performed between the hours of 1:00
a.m. and 4:00 a.m.
(g) A regular full-time employee will receive double time for work
performed on the seventh (7th) day. It is understood this provision requires an
employee to actually work seven (7) consecutive days.
(h) The requirements for the payment of overtime set forth in this
Section 2 shall not be cumulative so that if the Station pays overtime or a
premium under one of the foregoing subparagraphs of this Section 2, it shall not
be required to pay for overtime work performed in the same period of time under
any other subparagraphs.
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ARTICLE VIII - VACATIONS, HOLIDAYS AND PERSONAL DAYS
SECTION 1.
Vacations will be granted to employees as provided in Section 4 of this
Article VIII. Vacations will, so far as possible, be granted at times most
desired by employees, but the right to schedule an employee's vacation period is
reserved by the Station in order to insure the orderly and efficient operation
of the Station.
SECTION 2.
The "vacation year" which shall be used in computing the amount of
vacation time shall begin on January 1 of each calendar year in which this
Agreement is in effect and shall end on December 31 of the following calendar
year. (See Section 6, item (d) for the transition period from date of Agreement
to December 31, 1998.)
SECTION 3.
The "vacation season" in which vacations may be granted shall be from
January 1 to December 31, inclusive, of each year. Vacation schedule sign-up
lists will be posted on December 15, of each year or on such earlier date as
mutually agreed upon. Employees within each classification may sign up for
proposed vacation scheduling, to the extent reasonably possible and in
accordance with the Station's coverage requirements.
SECTION 4.
All employees employed on a regular full-time basis who have been in
the continuous full-time employment of the Station for less than one (1) year as
of January 1 of any year, shall receive eight-tenths (8/10) of one day of
vacation with pay for each full month of such full-time service to be taken
during the current vacation season.
All regular, full-time employees who have been in the continuous
full-time employment of the Station for more than one (1) year but less than
five (5) years as of January 1 of each year, shall receive two (2) calendar
weeks vacation with pay during the current vacation season.
All regular, full-time employees who have been in the continuous
full-time employment of the Station for more than five (5) years as of January I
of each year, shall receive three (3) calendar weeks vacation with pay during
the current vacation season.
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SECTION 5.
Each regular, full-time employee entitled to an annual vacation in
accordance with the provisions of this Article, shall be paid his/her regular
straight-time weekly salary for each week of such vacation.
SECTION 6.
(a) Vacations may not be accumulated from year to year, nor may
vacation be postponed from one vacation season to another, unless the failure to
utilize the vacation leave by December 31 was a result of Station scheduling
requirements which made it impossible for the employee to utilize his or her
remaining vacation.
(b) Vacations must be taken in 40-hour blocks, however, by mutual
agreement one (1) week of an employee's leave vacation may be split when
approved in advance by the Station.
(c) As of January 1, 1999, all employees will be credited with vacation
according to length of service with the Station. Vacation will be credited in
the same manner on January 1 of each succeeding year of this Agreement.
(d) For the period commencing with the beginning of this Agreement and
ending on December 31, 1998, Employees will be granted 7/12ths of the annual
vacation leave based upon the following schedule:
As of January 1, 1998:
Less than 1 year of completed service:
1 wk. (40 hours) x 7/12ths = 24 hours (3 days)
More than 1 year of completed service but less than 5 years of
completed service:
2 wks. (80 hours) x 7/12ths = 48 hours (1 week plus 1 day)
More than 5 years of completed service:
3 wks. (120 hours) x 7/12ths = 72 hours (1 week plus 4 days)
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SECTION 7.
Employees who resign with two (2) weeks' notice or who are laid off or
are terminated for any reason other than just cause, during the year and who
have not yet enjoyed their vacation privileges to which they are entitled, shall
be paid for any such unused vacation.
Employees who have completed their probationary employment and who
resign with at least two (2) weeks' advance notice, or are terminated by the
Company due to a reduction in staff shall receive pro-rata accrued vacation pay
equal to 1/12th of their unused vacation allowance for each full month of
service since the preceding January 1st, less any leave time used as of the
resignation date.
In the event an Employee terminates employment and has utilized
vacation time in excess of the amount earned for that year on a pro-rata basis,
the employee will be required to make reimbursement for the vacation paid but
not earned from his/her final paycheck.
Employees who are discharged for cause shall not be entitled to accrued
pro-rata vacation pay.
SECTION 8 - HOLIDAYS AND PERSONAL DAYS.
Except as noted below, during each calendar year of this Agreement,
each regular full-time employee shall be entitled to three (3) paid holidays:
New Year's Day, Thanksgiving Day and Christmas Day plus 6 paid personal leave
days which can be scheduled as noted below in Section 10. Except in emergencies,
personal leave days must be approved by the employee's supervisor at least seven
(7) days in advance and are subject to the orderly and efficient operational
requirements of the Station.
If a full-time employee has completed ten (10) years of continuous
service at WDTN on January 1 of any contract year, he or she shall receive one
(1) additional paid personal leave day. If such employee has completed twenty
(20) years or more continuous service, he or she shall receive two additional
paid personal leave days.
During the period commencing with the beginning of this Agreement and
ending on December 31, 1998, each regular full-time employee shall be entitled
to two (2) holidays: Thanksgiving and Christmas day plus 3.5 paid personal leave
days subject to the same scheduling requirements as noted below.
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When any of the fixed holidays fall on a full-time employee's day off,
or during the employee's vacation or while such employee is on an ordered
military leave for reserve duty, and such holiday is not worked, the employee
shall receive the holiday allowance for that day (one (1) full day's pay at
straight-time rate).
SECTION 9 - WORK ON FIXED HOLIDAYS.
(a) An employee required to work on a fixed holiday falling on his/her
scheduled day off shall be paid at the rate of one and one-half (1 1/2) times
his/her straight-time rate for the work so performed, plus a holiday allowance
for all such hours worked at his/her straight-time rate of pay.
(b) An employee required to work on a fixed holiday falling on his/her
regular scheduled workday shall be paid at time and one-half (1 1/2) his/her
straight-time rate for work so performed, plus a holiday allowance for all such
hours worked at his/her straight-time rate of pay.
(c) If an employee is required to work on his or her previously
scheduled personal leave day, such employee can work said day as a holiday or
work the day and take another personal holiday to be scheduled in the future as
a holiday.
SECTION 10 - PERSONAL DAYS SCHEDULING.
A personal holiday schedule sign-up list will be posted on December 15
of each year or such other earlier date as mutually agreed. Employees in each
classification may sign up for proposed personal holiday scheduling, to the
extent reasonably possible and in accordance with the Station's coverage
requirements. In the event that selected days are contrary to the operational
needs of the Station, seniority shall prevail. In utilizing the six (6) personal
holidays, at least two (2) days must be taken in each of the first and second
quarters of the calendar year. The employee's remaining personal holidays can be
utilized at any time during the remainder of the calendar year.
SECTION 11 - ELIGIBILITY.
To be eligible for holiday pay, an employee must have worked, unless
specifically excused by the Employer, his or her last scheduled work day
immediately preceding and immediately following the holiday.
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ARTICLE IX - PERSONAL ILLNESS
SECTION 1.
(a) A regular full-time employee who is compelled to be absent from
work temporarily-because of a legitimate illness or disability and who has at
least one hundred twenty (120) days of continuous service with the Station as of
the date of such illness or disability, shall receive full pay for the period of
illness or disability not to exceed ten (10) days (eighty (80) hours) in any one
calendar year.
(b) In addition to the ten (10) working days compensable sick leave
with which he/she will be credited, an eligible regular full-time employee may
accumulate and carry over from year to year any unused compensable sick leave
accrued from the prior calendar year up to a maximum of twenty (20) days at the
start of any calendar year.
Furthermore, during the term of this Agreement, if an employee(s)
with less than (10) years continuous service utilizes less than five (5) sick
leave days during the calendar year, the Employer shall contribute an additional
one (1) day of leave to such employee's accumulated sick leave. If the
employee(s) has more than ten (10) years continuous service and utilizes less
than five (5) sick leave days during the calendar year, the Employer shall
contribute an additional two (2) days of leave to such employee's accumulated
sick leave. Such additional leave days contributed by the Employer pursuant to
this paragraph shall not be counted against the maximum employee accumulation of
twenty (20) days permitted in the preceding paragraph.
(c) The Station shall have the right to require any employee absent
from work due to sickness, illness or accident to be examined by a physician,
and may require a physician's certificate as to the existence of such illness or
disability.
(d) During the term of this Agreement, the Station shall provide, at no
cost to the employee, long and short-term disability insurance coverage for each
full-time employee. Such coverage shall be in accordance with the Station's
disability insurance plans afforded to nonbargaining unit employees at the
Station.
SECTION 2 - FUNERAL AND BEREAVEMENT LEAVE.
An Employee compelled to be absent from work because of a death in
his/her immediate family shall not suffer any reduction in pay provided that the
absence for such reason does not exceed three (3) days.
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SECTION 3 - ILLNESS IN FAMILY
The Station reserves the right to consider on their merits, and in
accordance with the Station's policy under the Family Medical Leave Act (FMLA),
individual cases of absence due to illness of a member of the immediate family
of an employee, and individual cases of absence in excess of three (3) days
because of a death in the immediate family of the employee.
If in the sole judgement of the Station a particular case warrants the
granting of such time off or excess time off without reduction of pay, the
Station may do so without such action constituting a precedent which shall apply
with respect to the same situation or similar cases arising in the future.
Whenever the Station may grant time off without reduction in pay in a
case arising under this Section 3, the Union shall furnish to the Station upon
request, a written statement that the Station's action in the case does not
constitute a precedent.
SECTION 4 - DEFINITIONS OF IMMEDIATE FAMILY
For the purposes of this Article, the term "immediate family" shall be
deemed to include an Employee's spouse, children, parents, brothers, sisters,
brothers-in-law, sisters-in-law, father-in-law, mother-in-law and grandparents.
ARTICLE X - LEAVES OF ABSENCE
SECTION 1 - MILITARY LEAVE OF ABSENCE.
Employees shall have the right to take military leave in accordance
with the provisions for military leaves provided to nonbargaining unit employees
as per the Employee Handbook.
SECTION 2 - OTHER LEAVES OF ABSENCE.
(a) Illness Leave of Absence
An employee who has exhausted his/her authorized compensable sick leave
allowance may request an illness leave of absence for a period not to exceed six
(6) months. Such leave of absence request must be accompanied by medical
evidence satisfactory to the Station that the employee is unable to work because
of illness or pregnancy related conditions. All illness and maternity leaves of
absence will be without pay.
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(b) Application for Leave of Absence
All illness leaves of absence should be applied for in advance, in
writing, with the reasons for and the duration of such leave detailed by the
employee. All leave of absence requests must be approved by the Station Manager.
(c) Re-Employment
Consideration for re-employment following the expiration of an illness
leave of absence will be based on submission of medical evidence satisfactory to
the Station as to the physical fitness of the employee and in accordance with
the Station policy pursuant to the Family Medical Leave Act (FMLA), if
applicable. If re-employed, the employee's length-of-service date shall not be
reduced by the length of the leave of absence. An employee who makes application
for re-employment at the commencement of the leave of absence if it is open or
available, or another job for which he or she is qualified, if such other job is
available. The employee will be terminated if there is no suitable opening at
the time application for re-employment is made, or if application for
re-employment is not made within seven (7) days after the expiration of the
leave of absence.
(d) Jury Duty
Employees shall receive jury duty pay in accordance with the schedule
for jury duty pay provided to nonbargaining unit employees as per the Employee
Handbook.
(e) Union Leaves
The Union may designate an employee who shall be granted a reasonable
short-term unpaid leave of absence for the purpose of attending to Union
business, subject to the operational needs of the Station.
(f) Other Personal Leaves
Should urgent circumstances arise, employees may request an unpaid
leave for personal reasons. All earned vacation time must be taken before any
leave begins. Personal leaves are limited to a maximum of thirty (30) days after
the full use of vacation time.
(g) Child Rearing Leave
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Employees shall have the right to take child rearing leave in
accordance with the provisions for such leave provided to nonbargaining unit
employees as per the Employee Handbook.
(h) Prohibition of Other Work During Approved Leave of Absence
During the period of approved leave of absence afforded by this
Section, employees shall not be permitted to perform work or services for wages
or other remuneration for any other entity or person(s). Any waiver of this
provision must be approved in advance, in writing, by the General Manager.
ARTICLE XI- GRIEVANCE PROCEDURE AND ARBITRATION
SECTION 1.
A Grievance is defined as a dispute an employee or the Union may have
with the Station relating to the interpretation, application or violation of the
express terms of this Agreement. Should any grievance arise, an effort will be
made to adjust such grievance in the following manner:
SECTION 2.
All disputes shall first be taken up for adjustment between the
immediate supervisor and the Employee, either individually or together with the
Union Representative. Disposition of any grievance at this level shall be
without precedent to either the Station or the Union for any purpose whatsoever.
Step 1 - The aggrieved employee(s) shall present his/her grievance in
writing, with specific Article and Section of Agreement in dispute, to the
supervisor or his/her designated representative, who will answer the grievance
within seven (7) days after receipt. This written presentation of the grievance
to the Department Supervisor or his/her designated representative must take
place within ten (10) days after the employee has knowledge of the facts which
gave rise to the grievance or with reasonable diligence should have knowledge of
such facts and must set forth the specific provision(s) allegedly violated. A
Union representative shall be given the opportunity to be present and
participate in any meetings and/or adjustments if made during Step 1.
Step 2 - If the grievance is to be processed further, the Grievance
Committee of the Union and the Department Supervisor shall meet and discuss the
grievance within seven (7) days after the completion of Step 1. The Station
shall give its answer within seven (7) days following the date of such meeting.
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Step 3 - Within seven (7) days after completion of Step 2, the
grievance, if it is to be processed further, shall be taken up between the
President of the Union or his/her designated representative, and the General
Manager or his/her designated representative.
Step 4 - If not settled in Step 3, the grievance may be referred to
arbitration in writing by the Union under the Voluntary Labor Arbitration Rules
of the American Arbitration Association, then obtaining. A copy of such referral
shall be sent to the Station.
SECTION 3.
Grievances of a general nature may be initiated by the Union in Step 2
of the grievance procedure. However, grievances involving discipline or
discharge may be initiated by the Union in Step 2 or Step 3 of the grievance
procedure, provided that the grieving party clearly indicates in the written
grievance which Step is requested.
SECTION 4.
Grievances shall be filed promptly. No grievances shall be valid unless
submitted within ten (10) days after the employee or Local Union 1266 of the
IBEW knew, or by reasonable diligence could have known, of the facts giving rise
to the grievance. In no event shall the Station be liable for back pay for any
period prior to fifteen (15) days before the grievance is taken up in Step 1. If
it is established that the employee was not properly compensated in accordance
with the provisions of this Agreement, the maximum back pay period for which the
Company may be held liable shall be thirty (30) days prior to the date on which
the grievance was called to the attention of the Station as provided in Step 1
of Section 2 of Article XI.
SECTION 5.
(a) A grievance shall be deemed to have been settled on the basis of
the disposition given in accordance with the procedure set forth in Section 2
hereof it if is not appealed in writing to the next Step within seven (7) days
following date of such disposition, unless the time for such appeal shall be
extended by agreement of the Station and the Union.
(b) The Station or the Union, as the case may be, shall give its answer
to all grievances submitted or appealed in accordance with the procedures set
forth
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in Section 2 of Article XI within seven (7) days following the date of such
submission or appeal.
(c) Response by the Station to all Second and Third Step grievance
meetings shall be in writing.
SECTION 6.
Any grievance properly referred to the arbitration as provided in
Section 2 of Article V shall be considered by an Arbitrator, who shall be
selected under the Voluntary Labor Arbitration Rules, the obtaining, of the
American Arbitration Association ("AAA"), provided, however, in the event the
parties are unable to select an Arbitrator from any list furnished by the AAA,
notwithstanding any provision in the AAA rules to the contrary, the AAA shall
not have the authority to independently appoint an Arbitrator, but shall submit
additional lists, as required, until an Arbitrator can be selected from a list
furnished by the AAA.
The Arbitrator shall proceed to consider the grievance without delay,
and shall render his/her decision promptly, following the conclusion of his/her
taking of evidence in the case.
The jurisdiction of any Arbitrator to whom a grievance may be referred
under the provisions of this Article, shall be limited to determining questions
involving the interpretation, application or alleged violation of the terms of
this Agreement, and in no event shall any such Arbitrator be empowered to add
to, subtract from, or change any of the provisions of this Agreement. Not more
than one (1) grievance shall be referred to an Arbitrator in the same
proceeding. The decision of the Arbitrator shall be final and binding upon the
Station and the Union.
The fees and/or expenses of the America Arbitration Association shall
be borne equally by the parties.
SECTION 7.
The Station agrees to meet and confer with representatives of the Union
at reasonable times on any and all questions or matters relative to the terms
and conditions of this Agreement. Except during arbitration on proceedings and
during negotiations with respect to the amendment or notification of this
Agreement or the terms and provisions of a new Agreement, as provided in Article
1, Section I hereof, any Employee acting in an official capacity as a
representative of the Union; may confer with the Station during regular working
hours without loss of time or pay subject to prior approval of Management.
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SECTION 8.
As of the date of the execution of this Agreement there are no
outstanding grievances which remain to be settled after the signing. Any
grievances raised by the Union after its execution which relate to or arise from
events which predate the execution are of no force and effect.
ARTICLE XII - DISCIPLINE AND DISCHARGE
The Station shall have the right to discharge or discipline any regular
employee covered by this Agreement for just cause.
Except for intoxication while on duty (illegally prescribed drugs
and/or alcohol), or deliberate and aggravated misconduct, sabotage or deliberate
insubordination, discharges shall be preceded by two (2) weeks' written notice
or two (2) weeks pay in lieu thereof. The written notice of discharge shall
state the reason therefor. The written notice of discharge shall state the
reason therefor.
The Union may inquire as to the causes of such discharge, and, if after
a fair and impartial investigation it believes the discharge to be unfair and
capricious and/or unjustified, the Union shall make known to the Station its
findings and beliefs, and if the Station refuses to reinstate the discharged
bargaining unit member, the discharge shall then become subject to the Grievance
and Arbitration Procedure as provided in this Agreement and shall enter the
Grievance Procedure at the Third Step.
XIII - LAYOFF AND RECALL
SECTION 1.
When it becomes necessary for the station to lay off bargaining
employees, such layoffs will be by classifications, and consideration will be
given to the following factors in the following order:
(a) Qualifications to perform the work required.
(b) Length of continuous service in the classification by
inverse seniority order.
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SECTION 2.
(a) Should it become necessary at any time for the Station to lay off a
regular, full-time employee, the Station shall give him at least two (2) weeks'
notice, in writing, or pay in lieu thereof, of every such layoff.
(b) A regular, full-time employee who is laid off in accordance with
this Article, and who has at least one (1) full year of seniority on the date
thereof, may receive severance pay as hereinafter specified. The amount of
severance pay due to an eligible employee shall be equal to one (1) week of pay
at this regular straight-time rate for each full year of continuous
length-of-service with the Station, provided that the maximum amount of
severance pay hereunder shall be eight (8) weeks of pay; and provided, further,
that if a laid-off employee is recalled by the Company under the provisions of
Section 3 of this Article, and is subsequently again laid off under this Section
2, he shall receive no credit (in computing severance pay for such subsequent
layoff) for any period or periods of service with the company credited toward
the computation of severance pay on the occasion of any prior layoff.
(c) If a Maintenance Engineer is subject to layoff due to reduction in
force in the Engineering Department, and elects to displace a Broadcast Engineer
by virtue of qualifications and prior seniority in that classification, he shall
receive as his rate of pay 1.2 times the average base salary of the Broadcast
Engineers employed by the prior owner of WDTN as of the date of the transfer of
ownership to STC Corporation.
SECTION 3.
A regular full-time employee who is laid off in accordance with this
Article and who elects not to receive severance pay, shall be offered a vacancy,
if one occurs, in order of his seniority, provided that he has performed the
duties of the position while employment at WDTN and he/she is able to do the job
and provided further that:
(a) This right to re-employment, together with any applicable seniority
rights, shall continue for a period of one (1) year following the date of the
last layoff.
(b) If after having been laid off for a period of one (1) year, an
employee reports at the Station for employment and no work is available, the
employee will be paid the severance pay that he would otherwise have been
eligible to receive on his date of layoff.
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SECTION 4.
An Employee on layoff shall forfeit his re-employment rights and shall
be considered as having quit if he fails to report for work within fourteen (14)
calendar days following notice of recall sent by the Station to his last-known
address appearing on the Station's records.
The Station shall be entitled to rely on the last residence address
which the employee has furnished in writing to the Station.
SECTION 5.
If a full-time bargaining unit member is to be laid off as a result of
the above process, he/she shall have the right to elect to take a part-time
position for which he or she is qualified. In such case, the Station will have
the right to terminate or further reduce the hours of the adversely affected
part-time employee.
SECTION 6.
Whenever any layoff results from the introduction of any process,
equipment or device not now in use and within Union jurisdiction, the employee
to be laid off will be given at least two (2) months' notice in advance of the
effective date of the layoff or two (2) months' pay in lieu thereof.
ARTICLE XIV - OTHER CONDITIONS OF EMPLOYMENT
SECTION 1.
Upon submission of appropriate documentation, pursuant to IRS
requirements, the Company shall reimburse or advance employees in the bargaining
unit for all meal and lodging and other reasonable related expenses incurred or
to be incurred by such employees who are required to perform services outside
the Dayton, Ohio DMA.
Prior approval of the Employer is required for allowances under this Section.
SECTION 2.
The Station and IBEW affirm their intentions to continue to adhere to
and support a policy which affords equal opportunity to qualified individuals
regardless of their race, creed, color, handicap, national origin, age, sex or
membership in any other legally protected classification.
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SECTION 3.
In the event that now or hereafter there is any State or Federal Law or
any Directive, Order, or Rule or Regulation made pursuant thereto, which is in
conflict with the provisions of this Agreement, the same shall supersede any
provision or provisions of any agreement between the parties which is in
conflict therewith and shall thereafter govern and control the relations and
conduct of the parties so long as such Law, Directive, Order, Rule or Regulation
shall remain in effect. All provisions of this Agreement not so affected shall
remain in full force and effect during the term of this Agreement.
SECTION 4.
Time spent in traveling on Station assignments, for purposes of
determining hours worked, will be computed in accordance with the regulations
and provisions of the Fair Labor Standards Act.
SECTION 5.
Trainees employed by the Station may be assigned to perform work
covered by the Collective Bargaining Agreement between the Company and the Union
as part of their on-the-job training program, provided such Trainees do not
replace or displace an employee covered by the Agreement and provided further
that the Trainees will work under the general supervision of a bargaining unit
employee and such Trainees will be in addition to the assigned employees
required.
Such Trainees employed by the Company shall not be covered by any of
the provisions of this Agreement.
ARTICLE XV - 401K PLAN
Employees covered by this Agreement shall be eligible to participate in
the Employer's 401(k) Plan at the same rate and benefit levels provided to
non-bargaining unit employees. All administrative costs and expenses associate
with this Plan shall be borne by the Employer.
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ARTICLE XVI - RESTRICTION ON OPERATIONS
The parties mutually recognize the necessity of remaining competitive
by adopting technological advancements. Therefore, nothing in this Agreement
shall be construed to limit or in any way restrict the Station from introducing,
modifying, installing, revamping or utilizing new or improved equipment and/or
methods of operation.
ARTICLE XVII - INSURANCE
SECTION 1.
(a) During the term of this Agreement, regular full-time employees
shall be entitled to participate in the medical insurance programs generally
made available to management and salaried employees at WDTN-TV, including major
medical, vision and dental, subject to the same eligibility, participation and
contribution standards as such as other employees.
(b) During the term of this Agreement, the Employer agrees to
contribute 60% of the cost of employee health insurance costs covering health,
dental and vision care. If an employee chooses an Employer controlled plan, the
contribution by the Employer will increase to 70% of such costs.
(c) During the term of this Agreement, the Employer agrees to meet with
a Union designated committee to review the various plans offered and discuss,
where appropriate, suggestions on improvements.
SECTION 2.
Individuals returning to work after an illness, disability or other
leave granted under the Employee Assistance Program for treatment or
rehabilitation related to alcohol or substance abuse may be required to sign a
re-entry agreement as previously utilized by the Station as a condition of
return to work. The Station may limit any such leave to one (1) occurrence, in
its discretion.
SECTION 3.
During the term of this Agreement, all full-time employees shall
receive, at no cost of the employee, life insurance coverage in accordance with
the Employer's plan in effect as of the execution of this Agreement. Such plan
shall provide a death benefit of one and one-half (1 1/2) times the individual
employee's salary.
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SECTION 4.
During the term of this Agreement, the Employer shall provide, at no
cost to the employee, the benefits of the long-term care coverage plan for each
full-time employee. Such coverage shall be in accordance with the Employer's
coverage plans afforded to nonbargaining unit employees at the Station.
SECTION 5.
During the term of this Agreement, the Employer shall provide, at no
cost to the employee, the benefits of the travel accident benefit plan for each
full-time employee. Such coverage shall be in accordance with the Employer's
coverage plans afforded to nonbargaining unit employees at the Station.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized
Officers and Representatives, have caused this Agreement to be executed on the
day and year first above written.
RADIO AND TELEVISION BROADCAST WDTN
ENGINEERS, LOCAL UNION 1266 OF ---------------------------
THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
By /s/ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
------------------------- ------------------------------
▇▇▇ ▇▇▇▇▇▇▇▇▇▇, President ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Vice President
IBEW Local 1266 and General Manager, WDTN
By /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇
------------------------- --------------------------------
Union ▇▇▇▇▇▇▇ Station Manager, WDTN
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