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EXHIBIT 10.22
COLLECTIVE BARGAINING AGREEMENT
between
WEYI-TV
and
INTERNATIONAL UNION, UNITED
AUTOMOBILE,
AEROSPACE AND AGRICULTURAL
IMPLEMENT
WORKERS OF AMERICA (UAW)
For the Period
August 8, 1994
through
August 7, 1998
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TABLE OF CONTENTS
ARTICLE PAGE
Agreement ........................................................... 1
Purpose and Intent .................................................. 1
Discrimination ...................................................... 1
I Section 1 Recognition ............................................... 2
Section 2 Definition ................................................ 2
Section 3 New Facility or Relocation ................................ 3
II Section 1 Union Shop ................................................ 3
Section 2 Dues check-off ............................................ 4
Section 3 V-CAP check-off ........................................... 4
Section 4 Indemnification ........................................... 5
Section 5 Credit Union .............................................. 6
III Representation
Section 1 Grievance Committee ....................................... 6
Section 2 Bargaining Committee ...................................... 6
Section 3 Right to Representation ................................... 6
IV Grievance Procedure
Section 1 Time Limits ............................................... 7
Step 1 A&B ................................................ 7
Step 2 .................................................... 8
Step 3 A, B, C ............................................ 8
Section 2 Arbitration ............................................... ▇
▇▇▇▇▇ ▇, ▇, ▇, ▇, ▇, ▇, ▇, ▇ ..............................
Section 3 Special Meetings .......................................... 11
V Section 1 Management Rights ......................................... 11
Section 2 Individual Agreements ..................................... 12
Section 3 Performance of Bargaining Unit Work ....................... 12
VI Seniority ........................................................... 12
Section 1 Definition ................................................ 12
Section 2 Full-Time/Part-Time ....................................... 13
Section 3 Probationary Period ....................................... 13
Section 4 Seniority Lists ........................................... 13
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TABLE OF CONTENTS
ARTICLE PAGE
VII Part-Time Employees ................................................. 14
Section 1 Definition ................................................ 14
VIII Temporary Employees ................................................. 14
IX Interns ............................................................. 15
X Layoff and Recall ................................................... 16
Section 1 ........................................................... 16
Section 2 Loss of Seniority ......................................... 17
Section 3 Special Seniority for Grievance Committee ................. 18
Section 4 Promotions Outside of the Bargaining Unit ................. 18
XI Section 1 Job Classifications ....................................... 18
Section 2 New Jobs .................................................. 18
XII Job Posting ......................................................... 20
XIII Technological Changes ............................................... 22
XIV Temporary Work force Reduction ...................................... 22
XV Bulletin Board ...................................................... 23
XVI Safety and Sanitation Rules ......................................... 23
XVII Discipline and Discharge ............................................ 24
XVIII Payroll Period ...................................................... 26
XIX Work Hours .......................................................... 26
Section 1 ........................................................... 26
Section 2 Normal Work Week .......................................... 27
Section 3 Overtime .................................................. 28
XX Premium Pay - Guaranteed Hours ...................................... 28
Section 1 Overtime Pay .............................................. 29
Section 2 Compensatory Time Off ..................................... 28
Section 3 Reporting Pay ............................................. 28
Section 4 Call-In Pay ............................................... 29
Section 5 Injured on the Job ........................................ 29
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TABLE OF CONTENTS
ARTICLE PAGE
Section 6 Pay for Meetings .......................................... 30
Section 7 Shift Premium ............................................. 30
Section 8 Turnaround Pay ............................................ 30
Section 9 Pyramiding of Overtime Pay ................................ 30
Section 10 Overtime Pay for Part-Time Employees ..................... 30
XXI Shift Preference .................................................... 30
XXII Job Descriptions .................................................... 31
XXIII Temporary Assignment ................................................ 31
XXIV Leaves of Absence ................................................... 32
Military Leave ...................................................... 32
Personal Leave ...................................................... 33
Funeral Leave ....................................................... 33
Educational Leave ................................................... 34
Adoption Leave ...................................................... ▇▇
▇▇▇▇▇ ▇▇▇▇▇▇ ........................................................ 34
Jury Duty Leave ..................................................... 35
Medical Leave ....................................................... 35
Employment Rights ................................................... 36
XXV Holidays ............................................................ 37
Section 1 ........................................................... 37
Section 2 Compensation: Holiday Work ................................ 37
Section 3 Holiday Entitlements ...................................... 38
XXVI Section 1 Vacation .................................................. 39
Section 2 Pro Rate a Vacation Benefits .............................. 39
Section 3 Vacation Leave of Absence/Termination ..................... 40
Section 4 Vacation Scheduling ....................................... 40
XXVII Section 1 Job Function Limitation ................................... 41
Section 2 High Risk Area Assignments ................................ 41
XXVII Part-time Employees Benefits ........................................ 42
Section 1 Holidays .................................................. 42
Section 2 Vacations ................................................. 42
Section 3 Bereavement ............................................... 42
Section 4 Jury Duty ................................................. 42
Section 5 Health Insurance .......................................... 42
Section 6 Pension Benefits .......................................... 42
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TABLE OF CONTENTS
ARTICLE PAGE
XXIX Section 1 Substance Abuse ........................................... 43
Section 2 Disciplinary Procedures for substance Abuse ............... 43
XXX Sick Days/Personal Time ............................................. 44
XXXI Lunch Break & Rest Periods .......................................... 44
XXXII Insurance ........................................................... 45
XXXIII Short and Long Term Disability ..................................... 45
XXXIV Pension ............................................................. 46
XXXV Compensation ........................................................ 46
XXXVI Subcontracting ...................................................... 47
XXXVII No Strike or Lockout ............................................... 47
XXXVIII Successor Clause .................................................. 48
XXXIX Term of Agreement ................................................... 48
XXXX Duration of Agreement ............................................... 49
Attachment "A" Job Classifications .................................. 50
Attachment "B" Job Rates ............................................ 51
Attachment "C" Company Expense Policy ............................... 52
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AGREEMENT
This agreement is made and entered into this 8th day of August, 1994
between Television Station Partners, Limited Partnership owner and operator of
television station WEYI-TV, located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇,
the Employer (hereinafter called "the Company") and the International Union,
United Automobile, Aerospace and Agricultural Implement Workers of America
(UAW) and its Local 1811 (hereinafter referred to as "the Union").
PURPOSE AND INTENT
The general purpose of this Agreement is to set forth the wages, hours and
other conditions of employment of the employees covered by this Agreement, and
to promote an orderly and peaceful labor-management relationship between, and
in the mutual interest of, the employees, the Union and the Company.
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 or disability, to the extent prohibited by
applicable federal, state and local law.
The Company and the Union recognize their respective responsibilities
under federal, state, local laws and regulations relating to fair employment
practices. The Company and the Union also recognize the moral principles
involved in the area of civil rights and have affirmed their commitment not to
discriminate with respect to bargaining-unit employees because of race,
religion, color, sex, national origin, or disability, and to administer this
Agreement in accordance with applicable fair employment Practices, laws, and
regulations.
Grievances involving alleged noncompliance with these provisions may be
filed by the Union at Step 2 of the Grievance Procedure. Wherever the masculine
or feminine gender is used in this Agreement, it shall be deemed to mean both
male and female employees.
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The parties agree that where an employee of the Union alleges violation of
this Article and where the Union processes such alleged violation under the
grievance and arbitration provisions, such process shall be the Union's
exclusive remedy for such alleged violations.
Should the employee choose to pursue the alleged discrimination under
State or Federal law, the Union and the Company mutually agree to hold in
abeyance any grievance filed alleging violation of this Article, based on the
same facts, pending the ruling on said violation.
ARTICLE I
SECTION 1. RECOGNITION.
The Company recognizes the Union as the exclusive collective bargaining
agent for all full-time and all regular part-time employees of the Company
employed in the classifications list in Attachment "A" and employed at its ▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ facility; but excluding all other employees,
student interns, all account executives, department heads, the assistant chief
engineer, the program assistant, managers, confidential employees, and guards
and supervisors as defined in the National Labor Relations Act (See NLRB Case
No. 7-RC-18485 for reference).
SECTION 2. DEFINITION.
Hereinafter in this Agreement, the term "employed" or "employees" shall
refer only to employees represented by the Union and covered by this Agreement
as set forth under Recognition.
The term "Company" applies to all television operations of the Company
transmitted from its building located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇,
and includes all remote field broadcasts produced by WEYI-TV except in cases
where remote equipment is leased and crew is required by the lessor. The
employees performing the work described herein will be automatically included
under the jurisdiction of this Agreement. The provisions of this paragraph shall
not apply to:
(a) Programs originated in the studios of other stations or other
production facilities.
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(b) Programs broadcast jointly with any other station or stations.
(c) Programming, including news or features, purchased from
independent contractors, stringers or other outside sources.
SECTION 3. NEW FACILITY OR RELOCATION OF EXISTING FACILITY.
If the Company relocates the station or parts thereof within the same
broadcast area, the employees covered by this Agreement will, subject to the
other provisions of this Agreement, be transferred to the new location and this
Agreement will apply at the new location.
ARTICLE II
SECTION 1. UNION SHOP.
The Company will not interfere with, restrain or coerce the employees
covered by this Agreement because of membership in the Union or lawful activity
on behalf of the Union not violate of any term or provision of this Agreement.
The Company will not discriminate in respect to hiring, tenure of employment or
any term or conditions of employment against any employee activity on behalf of
the Union not violative of any term or provision of this Agreement, nor will it
discourage or attempt to discourage membership in the Union, or attempt to
encourage membership in any Union, provided that such activity does not
interfere with the normal operations of the Company.
An employee who is a member of the Union at the time this Agreement
becomes effective shall continue membership in the Union for the duration of
this Agreement to the extent of paying the membership dues uniformly required
as a condition of acquiring or retaining membership in the Union.
An employee who is not a member of the Union at the time this Agreement
becomes effective shall become a member of the Union on or before the thirtieth
(30th) day following the effective date of this Agreement, or on or before the
thirtieth (30th) day following employment, whichever is later, and shall remain
a member of the Union to the extent of paying an initiation fee and the
membership dues uniformly required as
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a condition of acquiring or retaining membership in the Union for the duration
of this Agreement.
The Union shall accept into membership each employee covered by this
Agreement who tenders to the Union the periodic dues and initiation fee
uniformly required as a condition of acquiring or retaining membership in the
Union.
Initiation fees and dues for membership in the Union shall not exceed the
maximum prescribed by the Constitution of the International Union at the time
the employee becomes a member.
An employee whose membership in the Union is terminated by reason of the
failure of the employee to tender such initiation fee or dues as required
herein shall not be retained as an employee within the job classifications
covered by this Agreement for more than five (5) working days following written
notification to the Company of such termination of membership.
SECTION 2. DUES CHECK-OFF
The Company shall provide to all current employees, new or rehired
employees an "authorization for check-off of dues card". A copy of such card
will be provided to the appropriate union Financial Secretary and the payroll
department.
The Company agrees to deduct from the pay of members of the Union, who
individually authorize such deductions in writing to the Company by the
submission of a valid authorization card, the regular monthly Union dues and
initiation fees. The monthly dues shall be deducted, together with a list of
names of the employees for whom such deductions have been made, shall be
forwarded to the Financial Secretary of the Local Union not later than the
twenty-fifth (25th) day of each month in which such deductions are made. The
Union shall furnish to the Company authorization cards for deductions referred
to previously.
The Union shall give the Company written notice of any variations in dues
and initiation fee deductions at least thirty (30) days prior to the calendar
date on which deductions are to be made. At the end of each calendar year, the
final check stub will show the total amount of dues deducted for the year.
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SECTION 3. UAW V-CAP CHECK-OFF.
During the life of this Agreement, the Company agrees to deduct from the
pay of each employee voluntary contributions to UAW V-CAP, provided that each
such employee executes or has executed the following "Authorization for
Assignment and Check-off of Contributions to UAW V-CAP" form; provided further
however, that the Company will continue to deduct the voluntary contributions
to UAW V-CAP from the pay of each employee for whom it has on file an unrevoked
"Authorization for Assignment and Check-off of Contributions to UAW V-CAP"
form.
Deductions shall be made only in accordance with the provisions of and in
the amounts designated in said "Authorization for Assignment and Check-off of
Contributions to UAW V-CAP form, together with the provisions of this section
of the Agreement.
A property executed copy of the "Authorization for Assignment and
Check-off of Contributions to UAW V-CAP" form for each employee for whom
voluntary contributions to UAW V-CAP are to be deducted hereunder, shall be
delivered to the Company before any such deductions are made, except as to
employees whose authorizations have heretofore been delivered. Deductions shall
be made thereafter, only under the applicable "Authorization for Assignment and
Check-off of Contributions to UAW V-CAP" forms which have been properly
executed and are in effect.
Deductions shall be made, pursuant to the forms received by the Company,
from the employees first union dues period in the first month following receipt
of the check-off authorization card and shall continue until the check-off
authorization is revoked in writing.
The Company agrees to remit said deductions promptly to UAW V-CAP, care of
the International Union, United Automobile, Aerospace and Agricultural
Implement Workers of America (UAW). The Company further agrees to furnish UAW
V-CAP with the names and addresses of those employees for whom deductions have
been made. The Company further agrees to furnish UAW V-CAP with a monthly and
year-to-date report of each employee's deductions. This information shall be
furnished along with each remittance. The Union will reimburse the Company for
administrative expenses in
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connection with the UAW V-CAP deductions as mutually agreed upon or if no
agreement is reached as ordered by an arbitrator.
SECTION 4. INDEMNIFICATION.
The Union agrees to hold the Company harmless from any action or actions
arising out of this Article commenced by any employee against the Company, and
further, the Union agrees to defend the Company and/or to pay all costs of such
defense in any action brought against the Company by an employee arising out of
or in connection with this Article.
SECTION 5. PARTICIPATION IN CREDIT UNION
The Company agrees to honor check-off authorizations from employees for
the purpose of their participating in a Credit Union mutually agreed upon by
the Company and the Union. The Company shall follow the direction of the
employees as indicated by their duly authorized deduction cards and the
periodic transmission of such deducted funds to such Credit Union.
ARTICLE III
REPRESENTATION
SECTION 1. GRIEVANCE COMMITTEE.
For the disposition of grievances, the Union shall be represented by (4)
committee persons, one of whom shall be designated as chairperson. All shall
have alternates. Committee Persons shall be designated from the following
departments:
News
Technicians
Production
Clerical/traffic
One additional Committee Person shall be elected to represent the night
shift should 11:00 p.m. News be established.
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SECTION 2. BARGAINING COMMITTEE.
For the purpose of negotiating a subsequent collective bargaining
agreement, the four (4) committee persons shall serve as the Bargaining
Committee.
SECTION 3. RIGHT TO REPRESENTATION.
The Chairperson, Committee person or the Designated Alternate, as the case
may be, shall be allowed time during normal working hours for the purpose of
handling matters pertaining to the contract. Request for such time shall be
granted subject to operational requirements. In the event of any employee's
discharge, the committee person shall advise their immediate supervisor of
their need to attend the meeting and be released for such purpose. For purposes
of this Section, the committee person may leave the work station after
receiving permission to do so from their supervisor. Such permission shall not
be unreasonably withheld or delayed. The right of the committee person to leave
their work station for the purpose of this section shall not be abused and
shall be subject to operational requirements. Any employee will be notified of
his/her rights to representation when being interviewed for discipline
including verbal, written, probation, suspension or discharge. When the grieved
employee requests representation by the committee person all conversation will
cease until the committee person is present. At that point, the supervisor will
advise the employee and the committee person of the discipline contemplated and
the reason for it. The committee person shall, upon request, be granted a
reasonable opportunity to caucus privately with the grievant prior to the
actual imposition of discipline. In the event an employee is suspended or
discharged, any challenge of such discipline shall be initiated within two (2)
working days following the suspension or discharge. The Union will initiate the
Grievance Procedure set forth below beginning at Step 1 (b)) in writing. Any
such challenge not meeting this time requirement shall be disallowed.
ARTICLE IV
GRIEVANCE/ARBITRATION PROCEDURE
SECTION 1. TIME LIMITS.
A grievance is a complaint by an individual employee, by a group of
employees having the same immediate supervisor, or by the Union, concerning the
application, interpretation, or alleged violation of the provisions of this
Agreement. No grievance may be more than seven (7) working days following the
date of occurrence(s) complained of, or when the affected employee(s) should
reasonably have first become aware of such occurrence(s). Such grievances shall
be processed as follows:
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Step 1 (a). ORAL DISCUSSION.
Any employee or a group of employees, as defined above, having a complaint
first take up the same with the immediate Supervisor, who will attempt to
resolve it. The Supervisor shall answer orally within two (2) working days of
such meeting or may refer the matter to the appropriate Department Head. If the
issue cannot be resolved by the employee(s) and the Supervisor, the employee(s)
may request the presence of the committee person in an attempt to resolve the
issue. The committee person shall be excused for such a meeting based on
operational requirements.
(b). WRITTEN GRIEVANCE.
In the event a complaint is not resolved and the affected employee or
group of employees wish to pursue it further, the complaint shall be reduced to
a written grievance. The Grievance shall be signed by the affected employee or
group of employees, and by the committee person, and shall state the article
and section of this Agreement allegedly violated, and the relief being sought.
Such grievances must be presented to the appropriate Department Head or
designated alternate within five (5) working days of the Supervisor's previous
answer. The Department Head shall schedule a meeting within five (5) working
days thereafter with the grievant(s)) and committee person. Within five (5)
working days following the meeting on a written grievance the Department Head
shall respond in writing to the committee person.
Step 2. The chairperson may appeal the answer of the department Head to
the General Manager or, in the absence thereof, to his/her designated alternate
within Department Head's answer. The General Manager or designated alternate
shall schedule a meeting within five (5) working days of receipt with the
chairperson to discuss and attempt to resolve the grievance. If mutually
agreeable, the grievant(s), committee and/or Department Head may also attend
any such meeting. The General Manager or designated alternate, shall respond in
writing to the chairperson within five (5) working days following any such
meeting.
Step 3-(a). Within ten (10) working days following the Step 2 response,
the chairperson may again appeal the grievance in writing to the General
Manager. Within five (5) working days of receipt of the appeal, the General
Manager shall schedule a meeting to discuss and attempt to resolve the
grievance. The Union shall be represented at any such meetings by the
chairperson of that office, and by the International Union Servicing
Representative, or their designees. The Company shall
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be represented at any such meetings by its General Manager and/or the designee.
Other persons may from time to time be allowed to attend and/or participate in
any such meetings.
(b). The General Manager and/or the designee shall respond in writing to
the grievance within ten (10) working days following any such meeting. The
response shall be made to the International Servicing Representative, with a
copy to the Local Union President and the Office Chairperson.
(c). Should conditions warrant, processing of grievances may bypass Steps
1 and/or 2 by mutual agreement. It is further understood grievances may be
withdrawn without prejudice at any one of the above steps of the grievance
procedure. Any time limit set forth in the above grievance procedure may be
extended by mutual agreement in writing between the Company and the Union. Any
complaint or grievance not property made or appealed within the specified time
limit shall be disallowed or otherwise understood as finally resolved on the
basis of the Company's last answer. If the Company fails to respond to a
specific complaint or grievance within the specified time limit, then the
grievance will be settled based on the Union's last request.
Section 2. ARBITRATION.
(a) Within fifteen (15) days following the Company's Step 3 written
response, the Union through its Local Union President and International
Servicing Representative shall notify the Company of its intent to appeal same
to arbitration by serving a written request or demand therefore on the General
Manager. Within ten (10) working days thereafter, the Union shall prepare and
submit an appropriate demand for labor arbitration to the American Arbitration
Association, a copy of which shall be forwarded to the General Manager by
certified or registered mail. Notwithstanding anything herein to the contrary,
a formal demand for arbitration, filed and served within the aforesaid ten (10)
working day period, shall likewise constitute a written request for
arbitration. The Arbitration shall be governed by the American Arbitration
Association's Rules for Labor Arbitrations.
(b) APPEAL TO ARBITRATION.
If notice of appeal to arbitration is given the arbitrator shall be
appointed in the following manner:
Immediately after the filing or Submission, the AAA shall submit
simultaneously to each party an identical list of nine (9) names of persons
chosen from
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the National Panel of Labor Arbitrators. Each party shall have seven (7) days
from the mailing date in which to cross off any names to which it objects,
number the remaining names to indicate the order of preference, and return the
list to the AAA. If a party does not return the list within the time
specified, all persons named therein shall be deemed acceptable. From among the
persons who have been approved on both lists, and in accordance with the
designated order of mutual preference the AAA shall invite the acceptance of an
arbitrator to serve. If the parties fail to agree upon any of the persons
named, if those named decline or are unable to act, or if for any other reason
the appointment cannot be made from the submitted list, the AAA will notify the
parties and submit simultaneously to each party an identical second list of
nine (9) arbitrators. Each party shall have seven (7) days from the mailing
date to repeat the selection process and return the list to the AAA. If the
parties fail to select an arbitrator from the second panel, the AAA will send
the parties the names of three (3) arbitrators. The parties must respond to the
three (3) names to the AAA within seven (7) days of the mailing date giving
objective reasons why they feel any of the arbitrators should not serve. The
AAA will review the responses and select one of the arbitrators to hear the
case.
(c) Except to the extent otherwise limited by this Agreement, the
arbitrator shall have the authority to hear and determine any grievance
involving an alleged violation of this Agreement, provided, however, that the
grievance first proceeded through the applicable steps of the grievance
procedure set forth above. The arbitrator shall have no authority, however, to
add or to subtract from, modify or limit the provisions of this Agreement,
expressly or by implication. The arbitrator shall have no authority to rule
on health and safety rules or wage rates except as specified elsewhere in this
Agreement.
(d) The decision of the Arbitrator shall be final and binding upon the
employee(s) involved, the Union and the Company.
(e) The charges of the Arbitrator for his fees and expenses shall be borne
by the loser for any arbitration hearings held.
(f) Grievances involving the same or closely related issues and facts may,
in accordance with the Labor Arbitration Rules and Regulations of the American
Arbitration Association, be consolidated before a single arbitrator for hearing
and decision purposes. Grievances may otherwise be consolidated only by mutual
consent of the parties.
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(g) WITNESS COMPENSATION. Where the presence of an employee is requested
by the Company at Step Three (3) meeting pursuant to the Grievance Procedure,
the employee shall be paid by the Company for time spent in such meeting at
this regular hourly rate. Where the presence of an employee is requested by the
Union at a Step Three (3) meeting pursuant to the grievance procedure, such
employee will be allowed to attend such Meeting without Pay.
(h) Any claim or award for back wages under this Agreement shall be less
any unemployment or other compensation for personal services received from any
other source during the period in question.
SECTION 3. SPECIAL MEETINGS.
A special meeting may be called at any time by the Committee Chairperson
or designee and necessary committee members or by Management when any situation
of a serious nature arises which required immediate attention. An agenda of the
issues to be discussed will be given to Management or Union at the time of
notification. Such meeting shall be scheduled subject to operational needs.
ARTICLE V
SECTION 1. MANAGEMENT RIGHT/RULES REGULATIONS.
Except as expressly abridged by a specific provision of this Agreement,
the Company reserves and retains exclusively all of its normal and inherent
rights with respect to the management of the business, including but not
limited to the right to determine and from time to time re-determine, the
number, location and types of its stations' facilities and operations; to select
and direct the working forces in accordance with the requirements determined by
management; to establish and change work schedules and assignments; to
transfer, promote or demote employees, or to lay off, terminate or otherwise
relieve employees from duty for lack of work or other legitimate reason; to
make and enforce reasonable rules for the maintenance of discipline to suspend,
discharge or otherwise discipline employees; the right to determine the means,
methods, and processes of work; to alter, rearrange, change, extend, curtail,
or discontinue its operations, partially or completely; to determine the size
and assignment
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of the work force; to determine the equipment to be used, and the number and
kind of programs to be produced or aired or services to be rendered; and
otherwise to take such measures as management may determine to be necessary to
the orderly, efficient, and economical operation of the business. Any of the
rights, powers, authority, and functions the Company had prior to the
negotiations of this Agreement are retained by the Company, except as expressly
abridged by a specific provision of this Agreement. The Company's not
exercising rights, powers, authority and functions reserved to it or its
exercising them in a particular way shall not be deemed a waiver of said
rights, powers, authority, and functions or of its right to exercise them in
some other way not in direct violation of a specific provision of this
Agreement.
SECTION 2. INDIVIDUAL AGREEMENTS.
The Employer shall have the right to bargain for and execute individual
employment agreements with covered news reporters, on-the-air talent, the
assignment editor, news photographers, and hosts, provided the Union will be
given a copy of any such agreements. It is agreed that the news reporters, the
assignment editor, and news photographers will not be required to execute such
contracts. Employees who were in the positions of news, sports or weather
anchors as of August 8, 1991 will not be required to execute individual
agreements.
This section does not apply to regular bargaining unit employees filling
in on a temporary basis. Such agreements shall not provide for wages and
benefit less favorable than those provided for in this Agreement, but such
agreements may provide for restrictive covenants and suitability clauses. In
the event the Company terminates a contract employee for non-suitability, the
Company will notify the Union and discuss with the Union the Company's
determination. The Company's decision may be submitted as a grievance but it
may not be appealed to arbitration. Such individuals shall be compensated as
salaried exempt employees.
SECTION 3. PERFORMANCE OF BARGAINING UNIT WORK.
Nothing in this Agreement shall prohibit non-bargaining unit personnel
from performing work normally assigned to employees covered by this Agreement,
provided that it does not result in the lay-off or displacement of an employee
employed in the bargaining unit as of the execution date of this Agreement or
to avoid paying overtime provided that there are qualified bargaining unit
employees available to perform such work. Notwithstanding the foregoing, this
restriction shall not prevent non-bargaining unit personnel from performing
bargaining unit work in the case of an emergency or for instructional or
training purposes, nor shall it prevent the Company from temporarily
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assigning bargaining unit employees to non-bargaining positions or promoting
same to non-bargaining unit positions.
ARTICLE VI SENIORITY
SECTION 1. DEFINITION.
Except as may be provided elsewhere in this Agreement, seniority shall be
based on a full time employee's most recent hire date into the bargaining unit
as a full-time employee. Seniority shall be based on a part-time employee's
most recent hire date into the bargaining unit as a part-time employee.
SECTION 2. FULL-TIME/PART-TIME SENIORITY.
There shall be two separate seniority lists: one for regular full-time
employees and one for regular part-time employees. Part-time employees shall
not have seniority over full-time employees with respect to full-time jobs, nor
shall full-time employees have seniority over part-time employees with respect
to part-time jobs, except that any full-time seniority employee who is laid off
may replace part-time employees, provided the full-time employee has greater
company seniority and the senior employee has the skill and ability to do the
work of the junior part-time employee.
Full-time employees who, through established bidding procedures become
part-time employees, shall retain their previous full-time seniority for the
purpose of future consideration for full-time employment status. Part-time
employees, who through established bidding procedures become full-time
employees, shall retain their previous part-time seniority for the purpose of
future consideration for part-time employment status. If any full-time employee
accepts a part-time position instead of layoff as provided above, the employee,
for the purpose of recall, shall be considered on layoff from a full-time
position. Any part-time employee laid off shall be recalled to part-time
positions only.
SECTION 3. PROBATIONARY PERIOD.
During the first ninety (90) calendar days from the employee's initial
date of employment, a newly hired employee shall be considered as probationary
and during
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such time shall have no seniority. This probationary period may be extended by
mutual agreement in writing between the Company and the Union. Upon successful
completion of the probationary period the employee's seniority date shall be
the employee's most recent date of hire. Termination or other forms of
discipline as provided under normal disciplinary procedures of any employee who
has not successfully completed his/her probationary period shall not be subject
to grievance or arbitration provisions of this Agreement, provided this does
not abridge the employee's right to the grievance or arbitration provisions of
this Agreement for other reasons, as provided, during his/her employment.
SECTION 4. SENIORITY LISTS.
Management will post the current seniority list of employees by job
classification in seniority order on a quarterly basis. The list shall include
the Employee Name, Job Title, Job Date, Service Date, and Seniority Date. The
chairperson will be provided with a copy of the list. Should the Union have any
objection to said seniority list, such objection must be filed with the General
Manager within ten (10) working days of the date the list is posted. The
failure of the Union or any individual employee to object to the posted
seniority list within ten (10) working days shall be deemed an acceptance of
the posted seniority list.
If more than one (1) employee's seniority date is the same, the seniority
will be in alphabetical order of their surmame, with "A" being the most senior.
If the employee's surname changes, the seniority date will remain the same.
ARTICLE VII
PART-TIME EMPLOYEES
SECTION 1. DEFINITION.
For the purposes of this Agreement, regular part-time employees are those
regularly scheduled to work at least ten (10) but not more than thirty (30)
hours a week. This limitation will not apply during formal training programs,
which will not exceed a four (4) week period. The normal complement of regular
part-time employees will be no more than twenty percent (20%) of the total
number of employees. covered by this Agreement. Generally, the Company uses
regular part-time employees to fill work schedule needs on peak work load days;
to reduce work load build-ups; to provide
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special skills where full time employment is unavailable or where there is an
insufficient need for such skills on a full-time basis; to provide for
short-term peaks in the daily work load; and where business requirements
dictate the use of part-time employees. Nothing herein shall prevent the
Company from using regular part-time employees, on a temporary basis, to fill
in for full-time employees for the purposes of vacations, leaves of absence,
filling of vacancies during the job posting period and until a position is
filled by a full-time employee who has satisfied his/her probationary period,
or to meet temporary business needs. Part-time employees filling full-time
positions for periods in excess of thirty (30) calendar days shall have accrued
full-time seniority equal to the time spent in the full-time position.
ARTICLE VIII
TEMPORARY EMPLOYEES
A temporary employee is one hired by the Company to accommodate temporary
openings resulting from promotions, terminations, vacations, leaves of absence
or significant or unexpected fluctuations in the work load. In situations
requiring a temporary employee, the Company intends to hire a temporary
employee for a period not to exceed ninety (90) calendar days except in the
cases of promotions or leaves of absence, where the assignment may extend for
the duration of the probationary period or the duration of the leave of
absence. Temporary employees hired by the Company, who subsequently are hired
as permanent employees shall begin to accrue seniority as of the date of
permanent hire. Should a temporary employee be retained beyond sixty (60)
calendar days, and be hired as a permanent employee, the employee shall
complete a probationary period of up to thirty (30) days beginning on the date
of permanent hire.
During the temporary assignment, temporary employees are exempt from the
provision of this Agreement. Regular break periods and lunch periods shall be
provided to such temporary employees.
Temporary employees shall not be hired to permanently replace regular
bargaining unit employees. All temporaries will be laid off before any regular
seniority employees in the same classification can be laid off.
Overtime will be offered to regular seniority employees in the same
classification before any temporaries. Regular seniority employees who are
qualified will have the first choice of jobs.
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Part-time employees are offered the promotion to fill full-time opening;
temporaries may fill in for the open part-time positions in the departments
where part-time positions exist.
ARTICLE IX
INTERNS
The following rules shall cover the use of Interns:
1. The Intern must be a student at a vocational school, high school,
college or university who will receive credit from his/her school on the
successful completion of the program. The Company will not have an
employer/employee relationship with the Intern. The purpose of the program is
to give the student experience in Broadcasting to fulfill his / her college
curriculum and to give the Company the opportunity to locate and observe
potential new employees.
2. The Interns would be assigned with an employee to observe the function
of the regular full-time unit members. Interns may perform unit work, but will
not be used to replace a unit member except on a temporary basis not to exceed
five (5) consecutive working days.
3. Management will be responsible for Intern training. Unit members may be
requested to assist in such training.
ARTICLE X
LAYOFF AND RECALL
Section 1. In the event that the Company determines the need to reduce the
work force, to consolidate positions, eliminate classification, or positions
are altered as a result of technological change, the Company will designate the
job classifications), department, and number of employees affected. The Company
will provide two (2) weeks notice of layoff or two (2) weeks pay in lieu of
notice to regular full-time employees. The Union will also concurrently receive
written notice.
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The affected employee(s) shall first exercise their seniority to displace
the least senior employee within their job classifications), provided the
remaining employees have the skill and ability to perform the available work in
an efficient manner. They may then bump the least senior employee who is on an
equal or next lower rated position, provided the bumping employee is qualified
to perform the work and has previously demonstrated the ability to perform the
work. As used above, the term "ability' means the ability to substantially
perform the required work.
An employee, who is laid off as a result of a layoff notice or has bumped
a lesser senior employee, is eligible for recall to the job classification held
in his or her department at the time of layoff. Such employee shall remain
eligible for recall for a period commensurate with their seniority at the time
of layoff. but not more than two (2) years. Employees will be recalled in
seniority order, provided that the recalled employee has the skill and ability
to perform the available work.
All displaced employees will be eligible for recall to the classification
from which they were displaced for a period as defined above. An employee who
displaced a lesser seniority employee and subsequently refuses a recall to
his/her former title/classification shall be deemed to have waived recall
rights to that classification.
The least senior employee affected shall be placed on layoff, subject to
recall to any equal or lower level job for which he/she has the skill and
ability to perform the available work for a period commensurate with his/her
seniority at the time of layoff, but not more than two (2) years. Employees
will be recalled in seniority order.
A laid-off employee who refuses a recall to his/her prior class
classification or to another classification for which the employee is qualified
shall be deemed to have waived recall rights. An employee's acceptance of any
position completes the recall process in that office. This does not preclude
the employee's right to recall to his/her former classification.
During the period of recall eligibility, the employee shall be entitled to
bid for any open position in the bargaining unit, for which he/she is
qualified, provided no other employee in the department where the opening
occurs is selected. Openings will be filled on a seniority basis among the
qualified applicants.
Section 2. Loss of Seniority. Seniority and status as an employee shall be
lost in the following manner:
(a) By voluntarily quitting.
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(b) Failure to report after expiration of leave of absence.
(c) Failure to report to work after a layoff within three (3) working
days of receipt, or seven (7) calendar days after mailing, whichever
is later, of a certified letter containing proper notification recall
by the Company, mailed to the employee's last known address. A
simultaneous copy will be given to the chairperson.
(d) Discharge for just cause.
(e) Layoff for a period equal to an employee's length of service or
twenty-four (24) months, whichever is less.
(f) An employee is absent three (3) consecutive workdays without
notification to the Company, unless justifiable reasons can be
afforded.
(g) An employee works on gainful employment while on leave of absence.
(h) An employee is determined to have falsified his/her application for
employment, or other Company records.
(i) Except as otherwise provided in the contract, failure to perform any
bargaining unit work for the Company for a period of one (1) year.
Section 3. Special seniority for Grievance Committee. The chairperson and
the committee person in that order, shall, for the purposes of layoff and
recall only, head the seniority list in their respective classification during
their term of office as long as they have people to represent.
Section 4. Seniority of Employees Promoted Outside of the Bargaining Unit.
Employees promoted outside the bargaining unit shall have their bargaining unit
seniority frozen as of the date of their promotion and shall retain their
seniority until the successful completion of their probationary period into
non-bargaining unit position, or 90 days, whichever comes first.
ARTICLE XI
JOB CLASSIFICATIONS
Section 1. JOB CLASSIFICATIONS
The job classifications in effect on the date of this Agreement shall
continue in effect subject to the Company's right to change classifications as
set forth below. The work assigned to job classifications in effect on the date
of this Agreement shall continue in substantial accord with the current
classification descriptions. The Company shall have the right to create new job
classifications or change job
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classifications as necessary and place them in appropriate salary grades so as
to classify all positions and work in the bargaining unit. For the purpose of
this Agreement, the term "job-classification" shall include job title, job
description, job specifications, i.e., the qualifications for the position, and
the salary grade.
Section 2. NEW JOBS.
When new bargaining unit positions are created and cannot be properly
placed in existing classifications by mutual agreement, the Company will
establish a new classification and a rate covering the job in question, and
will designate it as temporary. A copy of the temporary rate and job title will
be furnished to the unit chairperson. As soon as possible after the
implementation of the new job classification and in any event, within 30
calendar days after an employee has been placed in the job, the Company and the
Union shall negotiate the rate and classification, and when negotiations are
completed, such classification and rate shall become a part of the wage
agreement, and the negotiated rate, on the date of agreement by the parties to
the rate, except as otherwise mutually agreed upon. In the event that the
Company modifies an existing job classification by materially changing the job
content thereof, the initial determination of the rate of pay applicable to
such modified job classification shall be made by the Company on the basis of
the relation between the job content of the modified classification and the job
content of the classification for which rates of pay are established by this
Agreement. The Company shall give the Union thirty (30) calendar days advance
notice of the modification of a job classification and shall afford the Union a
reasonable opportunity to discuss the same with the Company. Such notification
to the Union shall include the new job description, old job description, new
job posting, old job posting and the identification of significant changes in
the job that resulted in creation or modification of the job classification.
If, during the term of this Agreement, a significant change in job content
has been effected the Company to the extent that the assigned rate of pay for
the job classification in question has become inappropriate but has not been
adjusted by the Company, the Union may, in writing, request a review of the job
in question and discussions with the Company relative thereto. If the Union
disagrees with a change in job content or a modified job classification
established by the Company, or if the Union disagrees with the Company's
response to a Union requested job classification review, the Union may within
thirty (30) calendar days following implementation of the new job or modified
job classification, file a grievance at Step 3 of the Grievance Procedure.
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As soon as possible, but not more than fifteen (15) calendar days after
the grievance has been filed, the Company will meet with the Collective
Bargaining Committee to determine whether or not an agreement can be reached on
the appropriate salary grade and classification. If the Collective Bargaining
Committee cannot reach an agreement the Union may proceed to arbitration.
In the event of an arbitration proceeding involving new or modified job
classification, the sole issue before the arbitrator shall be the
reasonableness of the salary grade, job description and/or job specifications.
The arbitrator shall have no authority to establish a salary grade, job
description and/or job specifications different from those established by the
Company.
The arbitrator shall have no right to accept evidence which is new and was
not submitted in Steps 1, 2, 3 or 4 of the Grievance Procedure.
In the event an arbitrator decides that the Company's determination with
respect to the salary grade, job description and/or job specifications for a
new or modified job classification is unreasonable, and in the event the
Company and the Union are unable to satisfactorily settle the dispute within
thirty (30) calendar days thereafter, the Union may hold said grievance until
negotiations commence for the subsequent Collective Bargaining Agreement at
which time the rate shall be negotiated. The effective date of the pay rate
shall also be subject to negotiations at this time.
ARTICLE XII
JOB POSTING
Unless a job has been eliminated, the Company shall post any opening
within the bargaining unit within two (2) days (Saturdays, Sundays and Holidays
excluded) and filled (30) calendar days after posting. The Company shall post
any job opening within the bargaining unit. The Company shall post the
bargaining unit position for five (5) consecutive working days. Interested
bargaining unit employees during this period may apply for the posted job by
completing an application furnished by the Company. Employees may not apply for
more than one (1) posted opening at any one (1) time. An employee may, however,
withdraw a pending application in writing in order to apply for a subsequent
job posting.
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Jobs will not be posted for entry level positions but will be filled in
the following manner:
(a) The Company will offer recall to any eligible employee on lay-off who
has the skill and ability to perform the available work.
(b) Any interested employee may apply for a future or current position by
submitting a job application to the General Manager denoting the department or
area of preference. The Company shall send the employee a notification that the
application has been received and shall maintain the application on file.
Filling of the opening shall be based on qualifications, skill, ability and
prior work history and, where such factors are equal, seniority will prevail.
(c) The Company will accept any applications from part-time employees
seeking full-time employment.
(d) Part-time employees who have the qualifications, skill and ability, to
perform the available work encompassed by the vacant position and an acceptable
work record (i.e. disciplinary problem) will be offered full time employment
before any new hires.
A job posting shall include:
(a) the date of the posting;
(b) the date the posting expires;
(c) the department in which the job exists;
(d) the classification and salary grade of the job;
(e) a summary description of the duties and responsibilities of the
position;
(f) the job specifications; and
(g) the shift and whether the job is regular full-time or regular
part-time.
After the close of the posting period, selection shall be made in the
following sequence
(a) the most senior qualified applicant in the department in which the job
exists;
(b) the most senior qualified applicant in the bargaining unit. Where
qualifications are equal preference will be given to the most senior qualified
applicant in the department and, if none, to the most senior qualified
applicant in the bargaining unit. The Company will notify job applicants of the
results within twenty five (25) calendar days of the posting expiration.
Furthermore, when the employee is notified by
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the supervisor of his/her selection, the employee must accept or decline the
position and so advise the supervisor. If the position is accepted, such
acceptance cannot be subsequently withdrawn. For the purpose of this Article,
the Company will be the sole judge of qualifications. In determining the most
qualified employee, such determination will be based on the qualifications for
the position, and the skill, ability and work history of the employees in
question. When two or more employees possess equal qualifications, skill,
ability and work history, the employee with the greatest length of service
within the department and, if appropriate, within the Company will be selected.
In the event the Company determines none of the employees who bid for the job
opening possesses the necessary qualifications for the job in question, the
Company may hire from outside the bargaining unit.
Employees shall be limited to one (1) successful bid in any four (4) month
period. In the event that no employee with more than three (3) months
seniority applies, then probationary employees, not on disciplinary process
shall be eligible to bid on a posted position. Probationary employees under
disciplinary process as specified in the U.A.W. Contract (Discipline and
Discharge XVII) shall not be eligible to bid until the day following the
expiration of any probationary period. The job vacated by the employee chosen
will not be posted for bid until the employee chosen has passed the appropriate
probationary period for the position. Employees selected for a posted position
shall be on probation for up to ninety (90) calendar days. At the successful
conclusion of the probationary period, an employee who has been promoted into a
higher rated classification shall receive a wage increase to the job rate,
retroactive to the date of the promotion, or retain his/her prior rate of pay if
it is higher than the job rate for the job into which he/she was promoted.
ARTICLE XIII
TECHNOLOGICAL CHANGES
When work performed by employees covered by this Agreement is altered as a
result of technological change, the Company will give employees the opportunity
to progress with advanced technology. The Company will provide employees with
on-the-job training to the best of its ability and may make available to
employees, designated by the Company, technological training provided by the
manufacturer as part of the purchase of the equipment. Such training will be
provided during working time, based upon operational requirements. If such
training is outside of the station facility, employees will be compensated
based on their regular hourly raw for up to eight (8) hours per day and forty
(40) hours per week as well as compensated for
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expenses in connection with same as per the Company's reimbursement policy
which is described in Attachment "C". After receiving proper on-the-job
training or other training as determined by the Company, employees who fail to
qualify for positions altered as a result of technology shall be subject to
layoff as provided in this Agreement.
ARTICLE XIV
TEMPORARY WORK FORCE REDUCTION
Temporary work force reductions for fixed, short-term periods of not more
than fourteen (14) consecutive calendar days shall be made in order of
seniority (least senior first) within an affected job classification in an
affected department, provided the remaining employees are qualified to perform
the work in question. Written notice will be given concurrently to the affected
employees, and the Union except in emergency situations. The Company and the
Union will meet and discuss the reductions within twenty-four (24) hours of
notification but prior to the reductions, except in emergency situations where
the notice may be verbal and the discussion may occur after the reduction. The
notice shall set forth a date certain within fourteen (14) days on which the
affected employees are to return to work. The Company shall on behalf of
employees affected by such a reduction, file a timely waiver with the Michigan
employment Security commission (MESC) of any registration or "seeking work"
requirements.
Temporary workforce reductions for contemplated short-term periods for
which a fixed date of return to work is not given shall be processed in the
same manner. Written notice will be given concurrently to the affected
employees and the Union, and the Company shall likewise file a waiver with
(MESC) on behalf of such employees.
Should a temporary reduction extend beyond fourteen (14) consecutive
calendar days, the layoff and recall provisions of this Agreement shall be
invoked, however the two (2) week notice provision of that Article shall be
waived.
ARTICLE XV
BULLETIN BOARD
The Company will provide space on a Bulletin Board which may be used by
the Union for posting.
A. Notice of Local Union recreational sociable affairs.
B. Notices of Local Union elections.
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C. Notices of Local Union appointments and results of Local Union
elections.
D. Notices of Local Union meetings.
Notices, other than (A)-(D), must be submitted to the General Manager and
approved by the General Manager prior to being posted.
ARTICLE XVI
SAFETY AND SANITATION RULES
It is hereby agreed that the Company and the Union recognize the
importance of adequate provisions in the station for the protection of the
health, life, and limb of employees and will mutually make every reasonable
effort to improve hazardous working conditions as they become apparent. The
Union agrees that it will encourage its members to promptly report conditions
that might be dangerous to employees and to the public and to do all in their
power to make the Company's property and equipment safe, sanitary, and
dependable. Safety devices required by the Company for employees must be used.
Failure of an employee to comply with safety regulations shall be just cause
for disciplinary action.
The Company shall have the right to establish reasonable safety, health
and sanitation rules. Any changes, modifications or additions to the safety,
health and sanitation rules shall be submitted to the Union for informational
purposes only. Such rules shall not be subject to the grievance and arbitration
procedures of this Agreement, except that the Union may grieve and arbitrate
the reasonableness of a particular rule as it is applied in a particular case.
ARTICLE XVII
DISCIPLINE AND DISCHARGE
Employees with seniority shall not be disciplined or discharged except for
just cause. The Company shall have the right to establish, enforce, and
maintain reasonable ruin of employee conduct, which, when published or posted,
shall be observed. In establishing and enforcing such rules, the Company shall
give due consideration to the principles of progressive discipline, where
applicable. The establishment or amendment of such rules and regulations shall
not be subject to the grievance and arbitration provisions of this Agreement.
However, the Union shall have the right to challenge the reasonableness of any
such rule in the event an employee is disciplined or discharged but not limited
to, the right to challenge the
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severity of the penalty imposed on an individual disciplined or discharged
employees shall be entitled to union representation as set forth in this
Agreement.
For the purpose of discipline and discharge, the Company recognized the
following progressive discipline steps:
Documented Verbal Warning; Written Warning; Probation or Disciplinary
Suspension; and Discharge.
For progressive discipline and discharge purposes, the Company shall not
consider prior verbal or written warnings for more than twelve (12) months,
provided no other discipline was given within the twelve (12) month period.
All employees in the bargaining unit shall be required to conform to the
rules and regulations of the FCC or any other administrative agency having
jurisdiction. In addition, each employee shall be required to maintain FCC
operator's license pertinent to the broadcasting industry, which he or she held
on the date of this Agreement or that was subsequently required and acquired by
such employee.
Finally, bargaining unit employees will not engage in any outside
employment that is in direct competition with the Employer or the Employees
operations and will not accept outside employment which would adversely affect
the performance of his or her duties for the Employer or the public image of
the Employer.
The Company's policy of Corrective Discipline regards as correctable most
cases of improper conduct. HOWEVER, CERTAIN OFFENSES OF A SERIOUS NATURE ARE
CAUSE FOR IMMEDIATE DISMISSAL SUCH AS:
a. reporting for work under the influence of, or possession on Company
property with demonstrated intent to consume, any intoxicant, illegal drug or
substance, except as prescribed by a licensed physician.
b. during scheduled work-time or on Company property of an intoxicant,
illegal drug or substance, except as prescribed by a licensed physician.
c. willful destruction of Company property.
d. assault or battery, or physical altercation.
e. on air obscenity or impropriety; oral or visual.
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f. conviction of a felony.
g. conduct jeopardizing the Company's license to operate the station.
h. insubordination.
i. falsification of employment application, reasons for a leave of
absence, release of Company records or falsification of expense reports.
j. fraud or theft.
k. Any falsification of time records, including but not limited to
punching someone elses time card or facilitating such falsification.
The Company and the Union recognize their mutual interest in investigation
of matters arising under this Section. To that end, both parties agree to
reasonably cooperate in the investigation of alleged employee misconduct
matters. In an effort to fairly balance the respective interests of all
concerned, the Company and the Union agree that with respect to a discharge
matter involving fraud or theft in the above respects, the amount involved shall
be entitled to no weight or consideration whatsoever.
ARTICLE XVIII
PAYROLL PERIOD
The payroll period shall consist of fourteen (14) consecutive calendar
days at 12:01 A.M. Monday and ending at twelve midnight on the second Sunday.
The starting time of the shift shall determine the payroll period within which
the hours worked that shift fall.
ARTICLE XIX
WORK HOURS
Section 1. The provisions of this Article are intended only to provide a
basis for determining the number of hours of work for which employees shall be
entitled to be
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paid and shall not be construed as a guarantee to employees of any number of
hours of work, either per day or per week, or limiting the right of the Company
to fix the number of hours of work (including overtime) either per day or per
week for such employees.
A day is defined as a twenty-four (24) hour period beginning with the
start of the employee's shift. Forty (40) hours shall constitute a normal
week's work. For payroll purposes only, the standard work week shall commence
at 12:01 A.M. on Monday and conclude at 12:00 Midnight the following Sunday.
Employees will be required to punch time clocks.
The Company, from time to time as business conditions deem necessary, may
add additional shifts or eliminate such shifts or change working schedules and
may reduce the work week to less than the normal forty (40) hours for
bargaining unit employees. However, a reduction in the normal work week will
not take place in a department where the Company is utilizing interns,
temporary employees or part-time employees, without the Union's consent.
SCHEDULING
Working hours, breaks, and lunch periods are scheduled according to each
department and Company operational needs. There are three (3) types of work
schedules:
STANDARDIZED HOURS: Is a schedule of predetermined start time for all
employees in a work unit.
STAGGERED HOURS: Schedule in which segments of a work unit begin the work
day at different but prearranged times.
FLEXTIME: Schedule which includes flexible starting and quitting times
with the basic core hours which allows employees upon the consent of
supervisors to determine when an employee will work the necessary eight (8)
hours required. Flextime may be implemented by department, by individual upon
the consent of the supervisor subject to operational requirements. Individual
requests for flextime scheduling shall not be denied without a legitimate
reason.
Section 2. NORMAL WORK WEEK
The normal work week as scheduled by the Company for regular full-time
employees shall consist of five (5) consecutive days of eight (8) hours each
or, with respect to individual employees, four (4) consecutive days of ten (10)
hours each, and
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shall normally end with a rest period of at least forty eight (48) hours (2
full consecutive days) before beginning the next work week.
All work schedules shall be prepared and posted by Management by 4:00 P.M.
the Thursday prior to the start of the regular work week. However, the Company
retains the right to change work schedules without notice upon a request of an
employee or in the case of an emergency. The Company agrees to designate a
specific area in each department for the posting of schedules. It shall be the
employee's responsibility to check the posted schedules for changes prior to
leaving at the conclusion of the work day. If schedule changes are made after
an employee's work day is concluded, it shall be the responsibility of the
Company to notify the Employee in person or by telephone or telegraph.
Section 3. OVERTIME
When requested, employees are required to work overtime. Employees
required to work overtime will be excused by the Company for good and
sufficient reasons. The Company shall have the right to assign overtime to the
available junior seniority employee(s), provided the junior employee has the
skill and ability to perform the available work. The Company will attempt to
give advance notice of overtime, if possible, under the circumstances. Prior to
requiring overtime, the Company will seek volunteers from among available
qualified employees within the affected job classification. Such volunteers
will be selected on the basis of seniority (the most senior available qualified
employee first). The Company in cooperation with the appropriate department
union representative will attempt to equalize overtime opportunities and
required work.
ARTICLE XX
PREMIUM PAY - GUARANTEED HOURS
Section 1. OVERTIME PAY
Time and one-half shall be paid for all hours or parts of hours worked in
excess of eight (8) hours in a day (ten (10) hours in the case of an employee
regularly
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scheduled to work four (4) ten (10) hour days per week). Further, all Saturday
and Sunday work not part of the employee's normal schedule shall be paid at
time and one-half. For the purposes of overtime, the work week shall commence
at 12:01 A.M. on Monday and end at 12:00 Midnight the following Sunday. When an
employee works overtime, he or she will be paid time and one-half (1 1/2)
his/her regular hourly rate in units of not less than fifteen (15) minutes.
Section 2. COMPENSATORY TIME-OFF
The Company may offer compensatory time-off in lieu of overtime. Employees
have the right to accept compensatory time-off or overtime pay. Compensatory
time shall be compensated at straight-time rates. Management shall be
reasonable in granting employees' requests for compensatory time. Employees
shall give the Company as much notice as possible when requesting compensatory
time-off. Compensatory time-off must be taken in same payroll period as the
payroll period in which the overtime was worked.
Section 3. REPORTING PAY
Full-time employees who are regularly scheduled and who report for work
without previous, reasonable notification by the Company that there is no work
available, or full-time employees who start work but are released before
working a minimum of four (4) hours, shall be paid four (4) hours pay at their
base hourly rate, provided the conditions preventing working are within the
Company's control.
Section 4. CALL IN PAY
A full-time employee recalled to work to perform a specific task after
having worked his or her shift will be paid double time at his/her base hourly
rate for all time worked, with a minimum of one (1) hour at double time pay.
Section 5. INJURED ON THE JOB
In the event an employee is injured on the job and is treated at the plant
or by medical authorities and returns to work, he or she will be paid for any
time lost due to the injury. In the event an employee is instructed by the
Company or by medical authorities to go home, such employee will be paid for
any time lost due to the injury during the scheduled hours of the day that the
accident occurred.
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Section 6. PAY FOR MEETINGS
All mandatory Company meetings outside the employee's normal work shift
shall be considered time worked for all purposes under this Agreement.
Section 7. SHIFT PREMIUM
All employees will be paid a premium of ten cents (10 cents) per hour for
all hours worked between midnight (12:00 A.M.) and 6:00 A.M.
Section 8. TURN AROUND PAY
Bargaining employees shall normally have a rest period of at least ten
(10) hours from the end of their individual shift and the beginning of their
next shift, except in emergency situations. If an invasion of the ten (10) hour
turnaround period occurs, such hours will be paid for at the rate of one and
one-half (1 1/2) times the employee's regular rate.
Section 9. PYRAMIDING OF OVERTIME PAY
There shall be no pyramiding or duplication of overtime or penalty
payments.
Section 10. OVERTIME FOR PART-TIME EMPLOYEES
Part-time employees regularly scheduled to work less than five (5) days
per week shall be subject to Overtime Pay provisions after ten, (10) hours
worked on a per day basis.
ARTICLE XXI
SHIFT PREFERENCE
Technical and News Personnel. The employees in the Engineering and
Production, as well as News Photographers, only shall have shift preference
over a junior seniority employee in the same classification on another shift as
set forth in this Article. In the event of an opening or vacancy in a job
classification on another shift schedule, a senior qualified employee in the
same classification may exercise his or her seniority for such vacancy.
Further, a senior qualified employee may exercise their seniority to bump a
more junior seniority employee in the same classification on
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another shift, the junior employee will move to the senior employee's shift,
provided that the junior employee has demonstrated the skill and ability to
perform the work performed by the senior employee. An employee exercising
seniority for a shift preference shall not again exercise seniority for a shift
preference for a period of one (1) year. Employees requesting in writing by any
Wednesday a different shift under the above provisions, shall be transferred as
soon as practical but no later than the second Monday following the date of the
request. Employees with individual temporary emergency situations require a
change of shift, may for up to two (2) weeks switch shifts with an employee of
equal qualifications in the same job classification, with written approval of
the appropriate department head. In the event operating conditions require that
additional employees are needed on any shift, the Company will first give
consideration to those qualified seniority employees who have indicated a
preference to change shifts. If no qualified employees have indicated such
preference, the employer shall hire additional employees to fill the newly
created positions within the classification or the vacancies created by
employees exercising shift preference.
ARTICLE XXII
JOB DESCRIPTIONS
Covered employees shall be assigned to the classifications listed in
Attachment A herein. The Union will be provided with copies of applicable job
descriptions and changes prior to their implementation.
ARTICLE XXII
TEMPORARY ASSIGNMENT
Each covered Employee will be assigned to a job classification. Such
regular assignments may be changed to accommodate production or work-related
requirements, at the employee's request or as a result of demonstrated
temporary inability to continue to perform the work duties of his
classification. It is understood and agreed that an Employee may be temporarily
assigned outside his or her classification to perform work for which he or she
has the necessary qualifications and abilities in
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order to maintain the efficiency of operations. When such temporary assignments
occur, it is agreed
(a) An Employee who performs the duties of a lower rated classification
will not suffer a reduction in his rate of pay during such temporary
assignment; and :
(b) An Employee who performs the duties of a higher classification for a
minimum of one-half (1/2) hour will be paid at a premium equal to the
difference between his /her job rate and the job rate for such higher
classification for all time worked in such higher classification.
ARTICLE XXIV
LEAVES OF ABSENCE
MILITARY LEAVE.
Any employee entering the military service of the United States Government
will be protected by the Re-Employment Right portion of the Universal Military
and Service Act (Public Law No. 51, 82 Congress) or other applicable law.
Seniority employees will be granted a paid military service training leave
of absence for required annual training, cruises or other special training duty
with the Military Reserves or National Guard. Payment will be made on the basis
of the difference between the employee's regular base salary and any military
base pay received, exclusive of military travel allowance or other pay
allowances for reimbursement of expenses for a period not to exceed ten (10)
working days. Seniority employees under military orders requiring training
leave time for an unusual or special military assignment beyond the customary
ten (10) days per year for which payment is received may receive an extended
leave of absence without pay.
In order to receive Military Leave Pay employees must supply the General
Manager or their department head with a copy of their military pay voucher upon
their return to work. Employees will then receive their reimbursement as soon
as is administratively possible.
Employees will be paid for regular working hours lost due to reporting for
a military induction physical examination.
Employees returning from active military service will have thirty (30)
days in which to return to work following the date of military discharge.
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PERSONAL LEAVE
Employees with one (1) or more years of seniority may request an unpaid
personal leave of absence for periods of not less than thirty (30) days nor
more than twelve (12) months. Such leaves shall not be granted for the purposes
of employment elsewhere.
A leave request requiring an absence of seven (7) to thirty (30) days for
defined extenuating circumstances is to be treated as unpaid lost time, If the
unpaid lost time is approved by the Department Manager in advance of the leave
of absence, the occurrence of lost time will not be counted for disciplinary
purposes. Seniority shall accumulate during such leaves of absence.
FUNERAL LEAVE
Should a death occur in an eligible employee's immediate family, an
employee on request will be excused from work with pay for up to three (3)
consecutive work days. Immediate family for the purposes of this Section shall
mean:
Parents, spouse, step parent, parent or step parent of spouse, child or
step child, brother, step brother, brother-in-law, sister, step sister,
sister-in-law, son-in-law, daughter-in-law, grandparents, grandparents of
spouse and grandchildren of employee or spouse, great grandparents and step
grandparents of employee or spouse.
Further, an eligible employee may request to be excused for (1) work day
to attend the funeral of a member of his or her immediate household who is not
part of the employee's immediate family. The Company will pay the employee at
his or her straight time hourly rate of pay for those hours lost from his or
her assigned work schedule during the regular work week. The Company may
require written verification of death and the relationship of the deceased
before being required to make payment under this Section. Funeral pay will not
be paid for non-scheduled workdays. To be eligible for Funeral Pay employees
must meet all of the following eligibility rules:
(A) The employee must be a regular full-time employee prior to the request
for funeral leave.
(B) Employees must be scheduled to work during the week the death occurs
unless their absence is due to paid vacation.
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EDUCATIONAL LEAVE
Full-time and part-time employees with one (1) or more years of
seniority may request an unpaid educational leave of absence for periods of up
to one (1) year for the purpose of attending an accredited college, university,
vocational or technical school on a full-time basis in a course of study that
will further the employee's job opportunities with the Company. An employee may
be granted more than one (1) such leave, provided a reasonable period of time
(i.e. one year) year of employment) lapses between expiration of one leave and
the start of a subsequent educational leave. The Company will require proof of
attendance in order to validate the continued approval of any such leaves.
ADOPTION LEAVE
Employees with one (1) or more years of seniority may request unpaid
adoption leave of absence for a period of up to one (1) year.
UNION LEAVES - (Temporary Leave)
A reasonable number of employees not to exceed four (4) full-time
employees and not more than one (1) employee in any one (1) department or any
one (1) shift, may be granted a leave of absence to attend to official Union
business such as conventions and training sessions. Approval of such leaves
will be based on operational requirements. The Union shall give five (5) days
advance notice whenever possible of any such intended leaves. Such requests
shall be submitted to the General Manager of the Station. Time spent by
employees on temporary leave, two (2) weeks or less, on Union business shall be
considered as time worked and accredited when computing pension, vacations and
holidays. Written notice of such leaves giving the length of the leave shall be
given to management at least 5 days in advance whenever possible, and signed by
the Local Union President, UAW international Servicing Representative or their
designee.
UNION LEAVE - (Elected Union Office or Appointment)
An employee elected to a permanent Union Office which necessitates
their absence from work shall upon application to the Company, be granted a
leave of absence for a period not to exceed two (2) years. The leave of absence
shall be extended providing the request for extension is submitted to the
Company in writing prior to the end of the two (2) year period. Such employees
shall accumulate seniority
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during such absence. Upon their return to the Company, they shall be returned
to their regular standing on the seniority list and shall be returned to their
previous job at the rate in effect at the time of their return.
Written notice of such Union leaves giving the length of the leave,
shall be given to management as far in advance as possible and signed by the
International Union (UAW).
UNION LEAVES - CONTRACT NEGOTIATIONS
The bargaining committee may be excused from work subject to
operational needs to prepare for and attend all negotiations sessions. Such
request shall not be unreasonably withheld. It is understood that the Union
will give the Company as much advanced notice as possible. However, it may not
always be possible to give a five (5) calendar day advance notice. Therefore,
the Company and the Union agree to cooperate to the fullest in this regard.
All Union leaves of absence shall be without pay.
JURY DUTY
A seniority employee who is summoned and reports for jury duty as
prescribed by applicable law shall be paid by the company the difference
between the amount of wages the employee otherwise would have earned by working
straight-time hours for the Company on that day and the daily jury fee by the
court (not including travel allowance or reimbursement expenses) for each day
on which the employee reports for or performs jury duty and on which the
employee otherwise would have been scheduled to work for the Company. Such
payments shall not exceed ten (10) working days. Employees excused from jury
duty prior to 1:00 P.M. on a regular scheduled day must report for work for the
remainder of their shift.
MEDICAL LEAVE
An Employee, who has successfully completed the probationary period,
may be granted an unpaid medical leave of absence for a period of his or her
disability or twelve (12) months, whichever is less. Such leave of absence for
medical reasons shall be approved on the submission of sufficient proof of the
employee's attending physician.
The employee shall immediately notify the Company when he or she is
able to return to work.
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An Employee who is granted a medical leave of absence for thirty (30)
calendar days or more shall notify and submit to the Company, at least five (5)
working days prior to the date he or she is able to return to work, a written
certification from the attending physician permitting the Employee to return to
his or her prior position with the Company.
It is understood that an employee returning from a medical leave of
absence shall, at the discretion of the Company and at the Company's expense,
be required to take a physical examination by a licensed medical physician. An
employee who, in such doctor's opinion, is physically unfit to perform the
normal function of his or her position or is physically unfit to perform his or
her work without creating a hazard to his or her health or the safety of others
shall not be permitted to return to work until certified by that physician that
such physical disability no longer exists. Should the employee's personal
physician certify that the employee is able to return to his or her normal
duties and the physician selected by the Company disagrees with that
conclusion, then the issue shall be resolved by the decision of a third
physician mutually agreed to by the two physicians. The costs of such third
physician's services shall be paid by the Company.
An employee shall accrue seniority while on medical leave of absence
for a period of twelve (12) months from the date the employee began the medical
leave of absence.
EMPLOYMENT RIGHTS
An employee shall not accumulate vacation time or holiday pay while on
any leave of absence. However, an employee will accrue seniority during an
approved leave of absence.
An employee shall be reinstated to the position held by him or her
prior to the leave of absence upon the conclusion of the leave of absence,
provided, (1) the employee returns within twelve (12) months of the
commencement of the leave of absence; (2) the employee returns at the
conclusion of the leave of absence; (3) the employee's former position still
exists; and (4) the employee has not violated the terms of the leave of
absence.
Employees returning from an authorized leave of absence shall exercise
their seniority rights to their prior job classification. Notwithstanding the
foregoing, if the employee had remained actively employed, he or she would have
been on layoff status on the date of their reinstatement from their leave of
absence or if the employee's
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former position is no longer available, the employee will be placed on layoff
status in his or her appropriate seniority position.
For purposes of the layoff and recall section of this Agreement an
employee placed on layoff status at the conclusion of the leave of absence
based on the fact that he or she would have been laid off if not on leave of
absence status, the employee will be considered to have been laid off on the
date that he or she would have been laid off if actively employed rather than
on leave of absence status.
ARTICLE XXV
HOLIDAYS
Section 1. All eligible regular full-time employees shall be paid at
their regularly daily rate for the following:
HOLIDAYS
1. New Year's Day
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving Day
6. Christmas Day
7. One floating holiday per year which may be taken in conjunction
with a designated holiday subject to operational requirements.
Section 2. COMPENSATION:
Holiday Work. An employee required to work on a holiday will be paid
his eight (8) hours holiday pay, plus his or her appropriate compensation rate
for work performed, or, the employee shall have the option of taking an
additional day off at his or her regular pay rate in the next thirty calendar
days or an additional vacation day.
Employees whose schedule includes holiday hours will receive holiday
pay for those hours only.
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In order to be paid for a holiday, an employee must have seniority as
of the date of the holiday, and work as scheduled the last scheduled work day
before and the first scheduled work day after a holiday, except as indicated
below.
(a) Employees absent due to illness or injury the last scheduled work
day before and the first scheduled work day after the holiday(s) will receive
holiday pay provided such absence is supported by a doctor's certificate and
the employee worked one day in the holiday week. Employees who are absent
either of the day before or the day after the holiday under the same
circumstances will be paid for the holiday if the employee's absence is
certified by an attending physician.
(b) When a holiday falls during a paid leave of absence (e.g.
bereavement leave, etc.), it is considered as one of the leave of absence days
and holiday compensation will not be paid.
(c) When a holiday falls on a day immediately preceding or following a
paid leave of absence, the employee will be paid for the holiday.
(d) When a holiday falls on the day immediately preceding or following
an unpaid leave of absence, the employee is paid for the holiday, provided the
holiday falls within the same work week.
(e) Employees terminating or terminated for other than cause will be
paid for a holiday falling within the same work week and immediately following
the employee's last day worked.
(f) Employees on layoff do not qualify for holiday pay, unless they
have performed work in at least one (1) day during the week preceding the
holiday.
(g) Employees scheduled off on a designated holiday do not receive
holiday pay.
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ARTICLE XXVI
Section 1. Vacation. All regular full-time bargaining unit employees
who meet the eligibility requirements and who have completed the following
schedule of service with the Company will receive vacation as per the following
schedule:
VACATION
CONTINUOUS YEARS OF SERVICE ALLOWANCE VACATIONS
Less than 6 months 0 0
6 months but less than 1 year 1 week 40 hours
1 year but less than 2 years 2 weeks 80 hours
* Including the 1 week earned after 6 months of service.
2 years but less than 5 years 2 weeks 80 hours
5 years but less than 15 years 3 weeks 120 hours
15 or more years 4 weeks 160 hours
For each five (5) full years
of service in excess of 15
years. 1 (one) day eight (8) additional hrs.
Part-time employees will be entitled to the same vacation based on
length of service, but will receive pay equivalent to the regularly scheduled
hours per week.
Section 2. Pro Rata Vacation benefits. Eligible employees, who during
the prior year, worked or were paid for less than twenty-six (26) work weeks
shall receive vacation pay allowance based on the number of full work weeks
worked as a percentage of 52.
Should a paid holiday fall within the employee's vacation period, the
employee shall receive an additional paid vacation day.
Vacation hours paid will be at the employee's hourly rate as of the
date the employee takes vacation.
Vacation pay will be determined on the basis of a 40 hour work week at
employee's base weekly salary or specified hourly rate or average hours worked
per week for part-time employees.
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Vacations are based on an employee's anniversary of employment date.
Vacation time not taken by the end of the employee's vacation year shall not be
carried forward.
An employee who is denied the opportunity to take vacation at times
desired by the employee shall be offered vacation time off prior to the end of
his/her vacation year.
An employee who has not taken vacation or been paid for vacation he or
she is eligible for by the end of his/her vacation year shall be paid for such
vacation.
Section 3. Vacations and Leaves of Absence/Termination.
Vacation time will be paid upon request to employees going on an
educational, military, personal, adoption, union business (except short-term),
or maternity leave of absence on their last pay check for the payroll period
worked before the leave began.
Vacation time will also be paid upon an employee's death, retirement
or termination. In the event of death, the vacation pay shall be paid to the
employee's legal heirs or estate.
Section 4. Vacation scheduling. By March 1, 1992 and each succeeding
March 1, the Company will post, by department, a vacation schedule. Employees
will then submit vacation requests on or before March 31 for the period April 1
through March 31. Such requests shall be filled on the basis of seniority.
Requests for work-week units shall be granted first before vacation requests
for less than work-week units are granted. The Company will post by department
by April 15 a vacation schedule for the coming year. Vacation requests
submitted after March 31 of any year shall be filled on a first-come basis, and
shall not displace selections made before April 15 on the basis of seniority.
Vacation requests shall be in writing. During rating periods on-air personnel,
producer-directors and reasonable numbers of news photographers may be denied
vacations.
Vacations will normally be taken in work-week units, but may be taken
one day at a time. Pay advance will be issued for a pay day occurring during a
vacation, providing the request is made at least ten (10) days prior to the pay
period in which the employee's last day worked prior to the vacation occurs.
Once a vacation request has been approved, such approval will only be rescinded
(a) at employee request or (b) for emergency situations.
A. Notice of layoff or discharge, except for misappropriation of
funds, shall not be given during an employee's vacation period.
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B. Accrued credited vacation time shall not be used in conjunction
with, or to extend the effective date (e.g. last day worked) of a leave of
absence or termination. Accrued vacation time may be paid upon request to
employees going on an educational, military, personal, adoption, Union leave
(except short-term), or maternity leave of absence.
C. Laid off employees may request payment of all accrued vacations at
any time during their layoff.
ARTICLE XXVII
Section 1. JOB FUNCTION LIMITATION.
Where operating errors occur while an Employee is performing multiple
job functions such facts shall be considered in extenuation of the errors. The
Company further agrees to assign multiple job functions on a reasonable basis.
No employee shall be required to furnish equipment or supplies.
The Company agrees technicians employed under this Agreement may not
be required to perform any duties where there exists danger of bodily injury or
conditions detrimental to health.
No Employee shall be required to climb any of the Company's antenna
towers.
Section 2. HIGH RISK AREA ASSIGNMENTS.
The Company and the Union recognize a joint responsibility to do
everything reasonable to assure and preserve the personal safety of Employees
while on assignment. Therefore in keeping with this common goal, the Company
recognizes its responsibility to assign personnel with utmost care and the
Union recognizes that in the business it is not always possible to anticipate
every troublesome situation. Recognizing these realities the Company will
operate under the following administrative guideline:
(a) The Company will place a high priority on the anticipation of
potentially troublesome conditions while on assignment.
(b) The Company will insist on regular Communication between base and
personnel as they respond to and confront any such situations in the field. The
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Company will strive to avoid sending an Employee alone into an obviously
dangerous situation.
(c) The Company and the affected employees will endeavor to advise
personnel of any circumstances relevant to their personal safety as they
respond to various situations in the field. No employee should abandon any
assignment in the field or return to work without prior approval from his or
her department head or designee.
(d) The Company will endeavor to provide backup or support personnel
if possible whenever any such situations can be reasonably anticipated.
(e) The Company will place a high priority on backup and support of
any personnel that may in fact confront such situations in the field.
(f) The Company will endeavor to carefully and fully review any such
situation after-the-fact in order to improve coordination and response to any
similar future situation.
ARTICLE XXVIII
PART-TIME EMPLOYEES BENEFITS
Regular part-time bargaining unit employees will be eligible for the
following benefits based on proration of full time employee benefits:
Section 1. HOLIDAYS.
Part-time employees are eligible for their normal scheduled hours per
day of holiday pay, provided the holiday falls on the employee's regular
scheduled day.
Section 2. VACATIONS.
Part-time employees are eligible for their normal scheduled hours per
day. Vacation time is earned and credited in the same manner as full time
employees.
Section 3. BEREAVEMENT
Part-time employees are eligible for their normal scheduled hours for
up to three (3) days of bereavement time.
Section 4. JURY DUTY.
Part-time employees, if summoned, are eligible for jury duty pay of
their normal scheduled hours per day up to a maximum of ten (10) days (40
hours).
Section 5. HEALTH INSURANCE.
Part-time employees who work more than 1,040 hours in a calendar year
shall be eligible for (single only) insurance coverage on the first day of the
month after
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acquiring 1,040 hours under the same basis as regular full-time bargaining unit
employees. Such employees will remain eligible for such benefits until their
hours fall below 1,040. Family Coverage shall be available to such eligible
part-time employees at the employee's expense, via payroll deduction.
Section 6. PENSION BENEFITS.
Part-time employees shall be eligible for pension benefits provided in
this Agreement, provided they are employed for one (1) year or more, are age
twenty-one (21) and have worked one thousand (1,000) hours in the prior twelve
(12) months. Except as provided in this Article, part-time employees will not
be eligible for other employee benefits provided by this Agreement.
ARTICLE XXIX
Section 1. SUBSTANCE ABUSE.
Substance abuse is recognized to be a serious medical and social
problem for workers, their families and the community. Such addiction by
workers impairs their ability to function, contributes to increased absenteeism
and tardiness, and violation of Company rules. These problems may also lead to
anti-social activity. These factors in turn disrupt work schedules with
consequent dissatisfaction among the majority of workers sincerely trying to do
conscientious jobs. The Company and the International Union have an interest in
encouraging early and comprehensive treatment looking toward rehabilitation.
The Company and the Union agree to meet at a mutually convenient time and place
within a reasonable period of time after the effective date of this agreement
for the purpose of establishing and defining the functions, i.e. alcohol and
substance abuse of a Joint Employee Assistance Committee. The Committee shall
be composed of an equal number of Company and Union designated representatives
to work cooperatively on these problems. Among the responsibilities of the
committee will be:
1. Survey community resources to determine the availability of
appropriate treatment facilities and the cost of treatment.
2. Develop ways whereby the disease is identified in early stages, and
whereby the employee is encouraged and assisted to obtain treatment without
delay. It is recognized that the employee can be dealt with most effectively on
a cooperative Management-Union basis.
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3. Help the employee understand that he may consult on a confidential
basis an outside qualified facility or agency, concerning his problem without
fear of disciplinary action based on such discussion.
4. Either the Committee will explain or arrange for the local
insurance program administrator to be available to explain to the employee
which recommended treatment qualifies for insurance payments.
Section 2. DISCIPLINARY PROCEDURES FOR SUBSTANCE ABUSE.
If an employee reports to work under the influence of drugs or alcohol
he or she shall be subject to immediate termination. However, in lieu of
termination, upon agreement of the individual, the Union and the Company an
employee may be placed on a leave of absence so that an employee may undergo
medical treatment for alcoholism or drug dependence in or from an appropriate
facility in accordance with this program, and when the employee has voluntarily
submitted himself or herself for such treatment and his or her seniority has
not already been broken, he or she will be granted a medical leave of absence.
Should the employee return to work from the leave of absence and, subsequent to
his or her return, report for work under the influence of drugs or alcohol, the
employee will be immediately terminated.
ARTICLE XXX
SICK DAYS/PERSONAL TIME
All full-time employees who have completed their probationary period
shall have forty (40) hours of paid sick time available per calendar year.
Management shall be notified by the employee prior to the beginning of the
shift that an employee cannot report for work. Eight (8) hours of the 40 hours
allotment may be used as personal time on reasonable notice to the Company. In
the event an employee becomes ill during his/her shift he/she shall be charged
with only the hours he/she is absent. Sick time hours shall not accrue from
year to year but if unused shall be paid to employees at the end of the
calendar year at the rate of 1/2 hour for each unused hour.
ARTICLE XXXI
LUNCH BREAK & REST PERIODS
Employees shall receive a paid 10 minute rest period for every four
(4) consecutive hours worked. If employees are required to work ten (10) hours
or more
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they shall be given an extra ten (10) minute rest period.* All regular
full-time employees shall receive a one-hour unpaid lunch break.
No lunch break will commence prior to three (3) hours into the shift.
An employee and his supervisor may mutually agree to alter the times of the
lunch break or to no lunch break at all. This understanding is not to be abused
or misused by either party.
* Breaks given if relief available on shift.
ARTICLE XXXII
INSURANCE
The Company shall continue its group medical insurance. Employees
shall continue to contribute for single and family coverage at the rates in
effect as of the date of v this Agreement shall continue through December 31,
1991. Following December 31, 1991, Employees shall continue to contribute for
single and family coverage at such rates plus 25% of all increases in premiums
following December 31, 1991.
The Company will continue to provide Life Insurance to all full-time
seniority employees equal to their annual gross wages with a minimum of
$10,000. Increases in benefits will be in increments of $1,000.
The Company shall continue its dental plan. The Company shall pay the
premium for the employee. The Employee's contribution for family dental
coverage at the rate in effect as of the date of this Agreement will continue
through December 31, 1991. Following December 31, 1991 Employees shall continue
to contribute for family coverage at such rates plus 25% of all increases in
premiums following December 31, 1991.
The Company shall have the right to select the insurance carriers for
all of its insurance plans offered to bargaining unit employees or to become
self-insured, provided it maintains the same benefits as offered to bargaining
unit employees on August 8, 1994.
ARTICLE XXXIII
SHORT AND LONG TERM DISABILITY
Short and long term disability insurance will be made available to all
full-time seniority bargaining unit employees. The employee will only pay for
long term disability
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coverage. The Company shall have the right to select the carrier for such
insurance coverage or to become self-insured, provided it maintains the same
level of benefits as provided to bargaining unit employees on August 8, 1994.
ARTICLE XXXIV
PENSION
All regular full time employees shall be eligible for an annual
contribution by the Employer of 3 1/2% of gross wages for each calendar year
into a 401 (k) Plan established by the bargaining unit employees, provided they
are employed for one (1) year or more, are age twenty-one (21) and have worked
one thousand (1,000) hours in the prior twelve (12) months.
The Company shall pay the yearly costs up to a maximum of $1,000 per
year to maintain and administer the employees 401(k) Plan. All yearly costs
in excess of $1,000 shall be the responsibility of the employees in the 401(k)
Plan. In the event the employees fail to pay such costs the Plan shall be
terminated and the costs of such termination shall be the responsibility of the
employees.
Employees shall be credited for all prior service and hours worked as
full time employees toward eligibility for the 3 1/2% contribution to the
401(k) Plan.
ARTICLE XXXV
COMPENSATION
All bargaining unit employees shall be compensated at no less than the
job rates for their classifications as set forth in Attachment "B", except that
employees hired after the effective date of this Agreement may be compensated
at fifty cents ($.50) per hour below the stated job rate for their
classification until they have satisfactorily completed their probationary
periods.
The rates of pay for employees hired on or before the effective date
of this Agreement shall be increased by twenty five cents ($.25) per hour on
the effective date of this Agreement, and by twenty five cents ($.25) per hour
on February 6, 1995, additional amounts of fifty cents ($.50) per hour on
August 7, 1995, August 5, 1996, and again August 4, 1997.
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If an employee bumps into a lower rated classification in lieu of
layoff, he/she shall receive the job rate for his/her new classification plus
the difference, if any, between his/her individual rate and the job rate for
the classification held prior to the layoff. Any such employee will maintain
that differential until the new classification job rate equals or exceeds the
employee's individual rate, unless he/she is demoted or voluntarily transfers
to a new lower rated classification. If an employee voluntarily transfers or is
demoted to a lower rated classification permanently he/she shall receive the
job rate for his/her new classification and shall be eligible in the future for
general wage increases.
ARTICLE XXXVI
SUBCONTRACTING
Subcontracting of maintenance work will be permitted only where
particular skills are involved or where specialized equipment not readily
available at the Company is required. It is understood that should the Company
subcontract bargaining unit work it will discuss with the Union the impact on
bargaining unit employees. However, nothing shall be construed as limiting the
Company's right to subcontract bargaining unit work, except as provided above
with respect to maintenance work.
ARTICLE XXXVII
NO STRIKE OR LOCKOUT
During the term of this Agreement, there shall he no general or
partial strikes, picketing, boycotts, work stoppages, slow-downs, or concerted
interruptions or delays of work, or any other interruption with the Company's
normal operations or similar activity. Neither the Union nor any of its
officers, representatives, agents, or employees shall authorize, assist,
support, cause or participate in any activities described in the above
paragraph. Nor shall any member assist, support, cause or participate in any
such activities.
In any case where an interruption of work occurs in violation of this
Agreement, the Union agrees that it will, without delay, exert itself to the
fullest extent to bring about a quick termination of such interruption of work
and will insist that the employee or employees involved therein return to work
and/or to normal operations. In the event that any employee participates in an
interruption of work in violation of this Article, the Company may discipline,
up to and including discharge, the participating employee.
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The Company shall likewise not lockout employees during the term of
this Agreement.
ARTICLE XXXVIII
SUCCESSOR CLAUSE
In the event of any change in the ownership of any of the facilities
covered by this Agreement, by sale, assignment, transfer, lease, merger,
consolidation or other change, the Company shall notify the Union within ten
(10) days prior to any such change, whenever possible. It is agreed that the
purchaser, assignee, transferee, lessee, or other appropriately designated
party, as the case may be, shall be fully bound by all of the terms and
conditions of this Agreement.
ARTICLE XXXIX
TERM OF 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 or 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
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authorized government agency, the remaining, unaffected part's) or provisions)
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.
ARTICLE XXXX
DURATION OF AGREEMENT
This Agreement shall become effective August 8, 1994, and shall
continue in full force through August 7, 1998 and from year to year thereafter
unless modified or terminated.
Either party may amend, modify, or terminate this contract effective
midnight August 7, 1998 or any subsequent August 7, by giving notice in writing
at least sixty (60) days prior to August 7, 1998 or if no notice is given at
such time on any subsequent August 7.
The parties shall meet within thirty (30) days of receipt of said
notice to negotiate a subsequent agreement. In the event written notice to
amend, modify, or terminate the Agreement is served and no agreement is reached
as a result of negotiations on or before the termination date, either party
may, on or after such date, terminate this Agreement by serving upon the other
a five (5) day written notice of their intent to do so.
IN WITNESS WHEREOF, the parties have, by their authorized
representatives, affixed their signature to this Agreement at Flint, Michigan,
this day of April 6 1995.
For the UAW For WEYI (The company)
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇ [ILLEGIBLE]
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/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
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[ILLEGIBLE]
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