Collective Bargaining Agreement (10/2/97)

Exhibit 10.36


AGREEMENT


This Agreement made and entered into this 2nd day of October, 1997, by and between WJAC-TV (hereinafter referred to as "Employer") and International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States of America, TBSE, Local 902 (hereinafter referred to as "Union"):


WITNESSETH:


WHEREAS, the Union was duly certified by the National Labor Relations Board as the exclusive bargaining agent of a unit of employees engaged in television broadcasting at television station WJAC in Johnstown, Pennsylvania, and its other facilities;


WHEREAS, the parties hereto desire to enter into a new Agreement to establish the standards and conditions under which such employees shall work for the Employer during the term hereof, replacing and cancelling the previous collective bargaining agreement in place for the bargaining unit which was scheduled to expire on October 31, 1997.


NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties do hereby agree as follows:


BASIC PRINCIPLES


The Employer and the Union have a common and sympathetic interest in the television broadcasting business. Both parties recognize the benefits to be realized from harmonious relations between them and the advantage of peaceful and common sense adjustment of any differences.


Every effort will be made to settle all disputes and controversies amicably. Accordingly, the Union and the Employer shall immediately bring to the attention of each other all matters which may require adjustment and shall acquaint each other with all problems which may arise and which are of mutual interest. 2


ARTICLE I
RECOGNITION


Section 1 -- Scope of Jurisdiction: The Employer recognizes the Union as the exclusive bargaining representative of all full-time and part-time employees of the Employer engaged in television broadcasting at its television station WJAC in Johnstown, Pennsylvania and said station's facilities, as noted in Article VI (Wages and Compensation), and excluding all sales and traffic department employees, clerical and reception employees, accounting department employees, program director, program assistant, promotion director, promotion assistant, production/operations supervisor, chief engineer, assistant chief engineers, news director, assistant news directors, producer/directors, assignment manager, news, weather, and sports anchors for 5:00 p.m., 5:30 p.m., 6:00 p.m. and 11:00 p.m. broadcasts, and all other supervisors, and guards as defined in the Act.


The Union warrants that it is the representative of the majority of the employees included in the unit for the purposes of collective bargaining with respect to rates of pay, hours, and other terms and conditions of employment.


The Employer may enter into personal services agreements with anchors and reporters in the bargaining unit upon mutually agreeable terms and conditions as long as the terms of such individual agreements meet or exceed the requirements of this Agreement.


Section 2 -- "Facilities": The term "facilities" shall include the broadcasting equipment used at the station operation sites of WJAC, including the transmitter, mobile or remote operations of such station.


ARTICLE II
UNION SECURITY


Section 1 -- Union Membership: As a condition of continued employment, all employees covered under this Agreement shall be required to become and remain members of the Union, to the extent of tendering the periodic dues and initiation fees, on or after the thirtieth (30th) day of their employment, or the execution of this Agreement. The failure of an employee to so tender the required dues and initiation fees and to maintain membership in good standing therein shall obligate the Employer to discharge such employee within ten (10) days after receipt of written demand from the Union for such discharge, such demand to set forth specifically the ground thereof, and if the ground be the failure to satisfy their financial obligation to the Union, then the amount thereof and whether such amount represents dues, assessments, or initiation fee.


Section 2 -- Check-Off: The Employer shall deduct from each employee's wages the amount of the Union dues, as specified by the Union, of all employees covered by this Agreement who have voluntarily provided the Employer with a written assignment authorizing such deductions. Such deductions to be remitted to the Union on a monthly basis accompanied


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by a remittance report indicating the names of the employees, the gross wages, and the amount deducted.


The Union agrees to indemnify the Employer against any and all charges, suits or claims for damages and penalties that shall arise out of or by reason of any action that shall be taken by the Employer for the purpose of complying with the foregoing provision.


Section 3 -- Non-Discrimination: Neither the Employer nor the Union shall discriminate in any manner against any of the employees by reason of any past or future activity on the part of the employees in the affairs of the Union.


Section 4 -- New Hires: When the Employer requires additional personnel, it shall make reasonable effort to offer available opportunities to current qualified employees. Furthermore, the Employer shall notify the Union for the purpose of providing equal opportunity with all other sources to furnish suitable applicants. This provision shall not interfere with the Employer's right, in its sole discretion, to select the new employee, regardless of source.


Within ten (10) calendar days after the hiring of any new bargaining unit employee, the Employer shall furnish in writing to the Union the name, date of hire and job classification of the new employee.


Section 5 -- Access to Premises: For the purposes of administrating this Agreement, an authorized agent of the Union shall have reasonable rights of visitation and inspection at the station and its facilities during normal working hours; provided, however, that the exercise thereof shall not interfere with, nor interrupt, the Employer's normal course of business and operations.


Section 6 -- Shop Steward: The Employer shall recognize the Union Steward as the on-site representative of the Union. It shall be the responsibility of the Steward to ensure compliance with the terms and conditions of this Agreement on the part of both the Employer and employees. The Steward shall receive the cooperation of all Supervisors in so doing and shall be permitted reasonable opportunity to fulfill that responsibility without disrupting the operation of the Station.


Section 7 -- Union Bulletin Board: The Employer shall designate where, and grant permission to the Union, to place two bulletin boards at the Station for the posting of information pertaining to its members.


Section 8 -- Subcontracting: The Employer may engage in reasonable subcontracting. If a decision to subcontract is made, the Employer will bargain with the Union over the impact and effects of such contracting as it relates to the bargaining unit. This provision shall be utilized for the purpose of allowing the Employer to maintain its standards of equipment and operation at the Station where it does not have sufficiently qualified employees to perform such tasks.


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Nothing in this provision shall restrict the Employer's right to utilize the services of news stringers outside a fifty (50) mile radius from the Station. This limitation shall not apply to planned Friday night coverage of high school football contests.


Section 9 -- Part-Time Employees: Part-time employees may be utilized to perform bargaining unit work on a daily basis. Individual part-time employees may not be normally scheduled to work more than twenty-four (24) hours in any seven (7) day period commencing with such employee's first work day in that period. Such part-time employees shall not be scheduled to work beyond twelve (12) consecutive hours on any day.


The above limitation on maximum hours per week shall not apply to part-time employees who performed services at WJAC prior to the commencement of this Agreement.


Section 10 -- Performance of Bargaining Unit Work: Nothing shall prevent nonbargaining unit personnel from performing bargaining unit work in the case of emergency, instructional or training purposes, or vacation relief, nor shall it prevent the Station from temporarily assigning bargaining unit employees to nonbargaining positions or promoting same to nonbargaining unit positions.


Section 11 -- Interns: The Station may utilize the services of interns or others who qualify as persons with special needs for the purposes of broadcast training, course credit or mentoring programs. Such persons may be utilized to assist the Station in its operations and will perform services under the general supervision of Station Management and bargaining unit employees. Interns may not be used in a manner which supplants bargaining unit positions.


ARTICLE III
DISCIPLINE AND DISCHARGE


Section 1 -- Just Cause: No employee covered by this Agreement who has completed his or her probationary period shall be suspended, demoted or dismissed without just and sufficient cause. Without limitation on the Employer's right to determine grounds for discipline or discharge, the following items are listed as examples of just and sufficient cause for termination:


o Violation of safety or security regulations.
o Excessive absenteeism or tardiness.
o Falsification of records or information.
o Theft of Station or another employee's property.
o Possession of firearms or weapons on Station property.
o Deliberate destruction of or damage to Station property,
equipment, or the property of a fellow employee.
o Bringing or selling intoxicants or narcotics, having
intoxicants or narcotics in one's possession, or
being under the influence of an intoxicant or
narcotic on Company property or while on Company
business.


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o Performing personal work on Company time.
o Improper conduct, such as sexual harassment or any
other behavior recognized as improper by a reasonable
and prudent individual.
o Unsatisfactory job performance or neglect of duty.
o Violation of any Company rules.
o Insubordination.


Section 2 -- Interviews and Investigations: The Employer will ensure that employees shall have the opportunity to have a Union representative present at any interview or investigation conducted by the Employer or its Representatives if the charges against the employee could lead to discharge.


ARTICLE IV
HOURS


Section 1 -- Work Week: The basic work week for all covered employees shall consist of a forty (40) hour week in five (5) days at eight (8) hours per day with two (2) consecutive days off, or such other combination of days and hours as deemed appropriate by the Employer (i.e., four (4) days at ten (10) hours per day) as long as the employee is not subject to split shifts, and, further, is scheduled so as to receive at least two (2) consecutive days off. The work day shall be exclusive of a one-hour or one-half hour unpaid lunch break, which shall be determined on a case-by-case basis by the Department Head in consultation with the General Manager.


Work day hours are to be on a regularly scheduled basis subject to changes if not less than five (5) days notice posted by Noon, Tuesday for the week subsequent.


Section 2 -- Minimum Call: Once an employee has left the premises at the conclusion of his or her shift, the minimum call for all overtime work shall be four (4) hours. Employees shall be required to work the entire call when pre-scheduled. When called in for an emergency, the employee shall be released upon resolution of said emergency, and overtime pay shall only be paid for those hours actually worked.


Section 3 -- Tour of Duty: A tour of duty beginning in one day and continuing into the following day shall be considered as one assignment and attributed to and deemed to have been performed in total on the day when such tour was started.


Section 4 -- Preparatory Time: Employees scheduled for the Monday sign-on duties shall be scheduled in at least twenty (20) minutes prior to air time for the purpose of preparing equipment, checking logs and programs.


Section 5 -- Closedown Time: Employees scheduled for the Sunday sign-off duties shall be given four (4) minutes after the official log sign-off time, for the purpose of making equipment checks and accomplishing other work necessary in closing down the station.


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Section 6 -- Turn Around: There shall be a break of at least eight (8) hours between the termination of the employee's last work shift and the commencement of his/her next work shift. Employees who are required to work during their turnaround periods will receive time and one-half compensation for the hours worked by them during the turnaround period.


ARTICLE V
OVERTIME


Section 1 -- Overtime:


A. Employees who work in excess of forty (40) hours within the basic work week shall be paid for such overtime work at time and one-half the straight time rate of pay. At the Employer's option, an employee may be given an amount of time equal to the amount of overtime hours in compensating time off during the current work week and be paid at the straight time rate of pay. The appropriate amount of time must be taken in the current work week. Any unused compensation time, at the end of a work week shall be paid for at one and one-half the straight time rate of pay.


B. When a single shift exceeds twelve (12) hours of work or when more than twelve (12) hours is worked in a calendar day, compensation time will be accrued at time and one-half for the amount of time in excess of twelve (12) hours.


C. All overtime and premium time shall be computed to the next quarter hour based on the completion of more than fifty (50%) percent of the quarter hour being worked. For the purpose of this provision, eight (8) minutes shall constitute fifty (50%) percent of the quarter hour. This will apply to all quarter hours including the first quarter hour.


D. Employees entitled to overtime pay for work performed under two or more provisions of this Agreement shall receive the highest rate provided for such hours of work, but overtime shall not be compounded or paid twice for the same hours worked, and in no case shall overtime be pyramided upon overtime.


ARTICLE VI
WAGES & COMPENSATION


Section 1 -- Schedule of Wages: During the term of this Agreement, starting annual salary for employees hired after October 1, 1997, covered by this Agreement shall be as follows:


A. Classification Entry Level
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Production Assistant, Directors $14,000
Maintenance Technician $14,000
Photojournalist, Videographer $15,000
Anchor/Reporter $15,000
Master Control/Audio Tape $13,500


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The above minimum salaries are to be prorated on an hourly basis for determination of overtime rates, etc.


Nothing in this Agreement shall prevent the Employer and new e ...