Collective Bargaining Agreement

COLLECTIVE BARGAINING AGREEMENT


between


STC Broadcasting Inc.


(for Station WROC - TV)


Company


and


AMERICAN FEDERATION OF TELEVISION AND


RADIO ARTISTS (AFL-CIO)


Union


Effective March 3, 1997 through March 2, 1999


2
AFTRA/WROC-TV 1997 AGREEMENT
TABLE OF CONTENTS


Page
----


PREAMBLE....................................................................... 1


SECTION 1-- RECOGNITION...................................................... 1
1.1 ................................................................. 1
1.2 Supervisors of Producers-Directors............................... 1
1.3 Supervisors of Staff Artists..................................... 1
1.4 Management Appearances........................................... 2
1.5 Applicability.................................................... 2


SECTION 2 -- AFTRA MEMBERSHIP................................................. 2
2.1 Union Security................................................... 2
2.2 ................................................................. 3
2.3 Acceptance into AFTRA Membership................................. 3
2.4 ................................................................. 3
2.5 Notification of Non-Membership................................... 3
2.6 Checkoff......................................................... 3
2.7 Indemnification.................................................. 4
2.8 Union Representatives............................................ 4


SECTION 3 -- STRIKES AND PICKETING............................................ 4
3.1 ................................................................. 4
3.2 ................................................................. 4


SECTION 4 -- MINIMUM TERMS & CONDITIONS....................................... 5
4.1 ................................................................. 5
4.2 ................................................................. 5


SECTION 5 -- GRIEVANCE & ARBITRATION.......................................... 5
5.1 Grievance Procedure.............................................. 5
5.2 Arbitration...................................................... 6
5.3 Survival of Grievances........................................... 6
5.4 Right of Visitation.............................................. 7


SECTION 6 -- LEAVE OF ABSENCE................................................. 7
6.1 Military Leave................................................... 7
6.2 Pregnancy Leave.................................................. 7


SECTION 7 -- WAIVERS.......................................................... 7
7.1 ................................................................. 7
7.2 ................................................................. 7
7.3 ................................................................. 8


SECTION 8 -- MANAGEMENT RIGHTS................................................ 8
8.1 ................................................................. 8


3


SECTION 9 -- APPLICATION OF FEES.............................................. 8
9.1 ................................................................. 8
9.2 Exclusions....................................................... 8
9.3 Commercials...................................................... 9
9.4 Network Programming.............................................. 9
9.5 ................................................................. 9
9.6 Prerecorded Broadcasts........................................... 9
9.7 Further Exclusions............................................... 9


SECTION 10 -- SPECIAL TELEVISION PROVISIONS.................................... 10
10.1 Use of Videotape for Reference, File Audition, Trailer,
Promotional, and Out-of-City Purposes............................ 10
10.2 Unfair Provisions................................................ 10
10.3 ..................................................................10


10.4 Incidental Rehearsal..............................................10
10.5 Wardrobe Provision................................................11


SECTION 11 -- TELEVISION FEES.................................................. 11
11.1 ................................................................. 11
11.2 ................................................................. 11
11.3 ................................................................. 11
11.4 ................................................................. 11


SECTION 12 -- ASSIGNMENTS...................................................... 11
12.1 Interchangeability............................................... 11
12.2 Staff Artists' Assignments....................................... 12
12.3 Producer-Director Assignments.................................... 12


SECTION 13 -- STAFF WAGES...................................................... 13
13.1................................................................... 13


13.2 Definitions...................................................... 14
* Anchorperson.................................................. 14
* Specialty Announcer........................................... 14
* Producer-Director............................................. 14
* Announcer-Reporter............................................ 14
* Associate Director............................................ 15


SECTION 14 -- HOURS OF WORK, SPECIAL PROVISIONS, MEAL PERIOD,
TRANSPORTATION, ETC............................................. 15
14.1 Hours of Work.................................................... 15
14.2 Special Provisions Covering
(1) Part-time or Trainee Employees............................... 16
(ii)............................................................. 17
14.3 Length of Staff Stretch.......................................... 17
14.4 Meal Periods..................................................... 17
14.5 Rest Between Staff Stretches..................................... 17
14.6 Transportation................................................... 17
14.7 Travel Time...................................................... 18
14.8 Bureaus.......................................................... 18


4


14.9 Sick Leave....................................................... 18
14.10 Vacations and Holidays........................................... 18
14.11 Termination of Employment........................................ 19
14.12 Safety........................................................... 22
14.13 Assignments and Competitive Auditions............................ 22
14.14 Pay for Auditions and Performance on Programs.................... 22
14.15 Duties........................................................... 22
14.16 Other Services................................................... 23
14.17 Schedule Changes................................................. 23
14.18 Insurance and Other Benefit Programs............................. 24
14.19 Bereavement Pay.................................................. 24


SECTION 15 -- EQUAL OPPORTUNITY................................................ 24
15.1................................................................... 24


SECTION 16 -- CONFORMANCE WITH LAW............................................. 24
16.1................................................................... 24


SECTION 17 -- PERSONAL SERVICE CONTRACTS....................................... 25


SECTION 18 -- MINIMUM COMPLEMENT............................................... 26


SECTION 19 -- TERM OF AGREEMENT................................................ 26
19.1................................................................... 26
19.2................................................................... 26
19.3................................................................... 26


SIDE AGREEMENT................................................................. 28


5
PREAMBLE


Agreement made as of the third day of March, 1997 by and between the AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS (A.F.L.-C.I.O.), having its principal office at 260 Madison Avenue, New York, New York 10016,and its ROCHESTER-LOCAL, party of the first part (hereinafter referred to as "AFTRA"), bargaining representative for performing artists (talent) and producers, and STC BROADCASTING INC. - Channel 8, party of the second part (hereinafter called "Station" or "Company"), owning and operating station of WROC-TV having its principal office at 201 Humboldt Street, Rochester, New York 14610 (hereinafter referred to as the "Station").


In consideration of the covenants and agreements herein contained, it is agreed as follows:


SECTION 1 - RECOGNITION


1.1 The Company recognizes AFTRA as the exclusive collective bargaining
representative for all persons who appear physically or vocally before
the microphone or camera who are or hereafter will be employed by the
Company at the Station during the life of this Agreement (all such
persons being hereinafter referred to collectively as "Artists"); and
for all television producers who are or hereafter will be employed by
the Company at the Station during the life of this Agreement (all such
persons being hereinafter referred to collectively as "Producers-
Directors"), but excluding accounting, clerical, technical, sales,
maintenance, and confidential employees, and guards and supervisors as
defined by the National Labor Relations Act (hereinafter referred to as
"Act") as amended.


1.2 Supervisors of Producer-Directors. Any supervisor who works as a
television Producer-Director who spends more than twenty hours per work
week, or more than fifty percent (50%) of his work time on production,
shall be deemed to be a staff Producer-Director and subject to all terms
and conditions of this Agreement relating to staff Producers. In any
event, no supervisor shall act as a staff Producer-Director except to
replace a regular staff Producer-Director who is absent due to: illness,
vacation, leave of absence, failure of assigned Producer-Director to
appear for duty for any reason, in case of other emergencies; or except
if such work is performed by a supervisory production manager or program
manager. For the purposes of the last stated exception the parties
agree: (1) the Company shall designate and advise the Union which one of
the employees in these two classifications shall perform such work and
such designation shall not be changed except upon one week's notice; (2)
such work shall be limited to a maximum of fifteen (15) hours per week
or until the end of a non-regularly scheduled program which has begun
during these hours, e.g. an election or a disaster; 3) this exception
shall not be used in a manner to directly cause the layoff of a
bargaining unit Producer-Director.


1.3 Supervisors of Staff Artists. Any supervisor who works as a staff
Artist who spends more than twenty (20) hours per workweek, or more than
fifty percent (50%) of his work time on announcing shall be deemed to
be a staff Artist and subject to all terms and conditions of this
Agreement relating to staff Artists. In any event no supervisor


-1- 6 1997 AFTRA/WROC-TV AGREEMENT (cont.)


shall act as a staff Artist except to replace a regular staff Artist who
is absent due to: illness, vacation, leave of absence, failure of
assigned Artist to appear for duty for any reason, in case of other
emergencies, or except if such work is performed by a supervisory news
director.


1.4 Management Appearances. Any member of the management or ownership of
the Company, may appear on any of the Company's facilities at any time
under the following provisions:


(a) Such member of management may appear without staff Artist present
to do programs in the nature of station editorials.


(b) Emergencies and conditions including Acts of God and other
situations which are provided in section 1 and Section 12,
paragraph 2(a).


1.5 Applicability. The provisions of this Agreement shall be applicable to
said Rochester, New York facility of the Company.


SECTION 2 - AFTRA MEMBERSHIP


2.1 Union Security. All Artists and Producer-Directors (except otherwise
herein provided) now or hereafter employed by the Company during the
life of this Agreement shall, not later than 31 days following the
beginning of such employment or the effective date of this Agreement,
whichever is later, be or become members of AFTRA during the life of
this Agreement as a condition of continued employment. Any person who
appears with regularity on any program of the Station and who performs
on such program duties which could normally be performed by an Artist
(in his respective category) shall be or become a member of AFTRA
subject to the conditions and limitations contained in the Act, as
amended, except that the provisions of this paragraph shall not apply
to:


(a) Professional Appearances. Persons who appear on a single
broadcast or series of special broadcasts encompassed in a period
of less than 30 days; or experts and professionals, such as
clergymen, physicians and lawyers, speaking on subjects limited
to and pertaining to their own fields, provided that they do not
perform the functions of commercial announcers; or public figures
appearing as such public figures without remuneration on programs
of a public service or significant public interest nature; or
public figures appearing as moderator on panel discussion
programs, involving other public members, in which the subject is
of public nature; a travelling representative of a company
appearing as demonstrator for a certain product or products and
employed by the company whose product or products he is
demonstrating for a 30 day period; and occasional nonprofessional
guests, such as local leaders, civic leaders and housewives.


(b) Interns. Interns who work at the Station as part of their school
curriculum provided: (1) no more than three (3) interns may
appear in any month; (2) no


-2- 7 1997 AFTRA/WROC-TV AGREEMENT (cont.)


individual intern may appear more than (3) times during his/her
internship; and (3) no more than three (3) interns may be engaged
in performing bargaining unit work at any time. If an intern is
dispatched with instructions to ask questions, it will be
considered an appearance.


(c) Advertisers. Any bona fide, full time employee of an advertiser
using the Company's facilities may perform the services of a
commercial announcer, including lead-ins, introductions,
closings, and similar functions incidental thereto on an
occasional program sponsored by his employer.


2.2 It is understood and agreed that Artists employed by the Company shall
not be required to appear on any program of the Station with any person
who is required to be a member of AFTRA hereunder and who fails to
obtain such membership, unless AFTRA by written waiver shall consent to
such failure to become a member of AFTRA; provided that this shall apply
only with respect to persons whose failure to obtain membership is based
on their not having tendered their initiation fees and periodic dues.


2.3 Acceptance into AFTRA Membership. AFTRA agrees to accept as a member
any Artist, Producer-Director or person covered by paragraph 2.1 of this
Agreement that the Company wishes to employ or use, subject to the
imposition of terms and penalties in the case of members suspended or
expelled by AFTRA. AFTRA further agrees that such membership will be
available to any Artist or person on the same terms and conditions
generally applicable to other members, that it will not impose
unreasonable entrance fees, dues or assessments, nor will it impose dues
and initiation fees or penalties or other conditions not uniformly
required as a condition of acquiring or retaining membership. In the
event AFTRA should refuse membership to an Artist or person the Station
wishes to employ or use, such refusal shall not affect the privilege of
the Station to employ or use such Artist or person, so long as such
Artist or person tenders initiation fees and periodic dues, and shall
not excuse other members of AFTRA from appearing on a program with such
Artist or person.


2.4 The provisions of Sections 1 and 2 of this Agreement shall apply with
equal force and effect to any Artist engaged or employed at the Station
whether hired directly or indirectly by the Company on behalf of itself
or its sponsors, advertising agencies, independent contractors, or
outside producers using the facilities of the Station; provided,
however, that this paragraph in no way establishes a liability or
responsibility for the Company to investigate the AFTRA membership of
any person appearing live or on film, videotape, or transcription
produced by others than the Company.


2.5 Notification of Non-Membership. In order to aid in the enforcement of
this Article, the Station should give notice to the Rochester Local of
all new hires in the unit within 30 days of hire. Upon notification in
writing by AFTRA, the Company will terminate, within ten (10) days, any
person covered by this Agreement who fails to maintain AFTRA membership
requirements as permitted under the Act, as amended.


2.6 Checkoff. The Company will deduct Union dues from the first (lst) pay
period in


-3- 8 1997 AFTRA/WROC-TV AGREEMENT (cont.)


each month for each new employee joining the Union following completion
of his initial thirty-one (31) day period and present Union member
employees who complete, in duplicate, a lawful application authorizing
monthly deduction of Union dues.


2.7 Indemnification. The Union shall indemnify and save the Company
harmless against any and all claims, demands, suits, or other forms of
liability that shall arise out of or by the reason of action taken or
not taken by the Station for the purpose of complying with any of the
provisions of this Section or in reliance on any list, notice, or
assignment furnished under any such provisions.


2.8 Union Representatives. The Company agrees that only the following
persons and no others shall be deemed to be agents of AFTRA for the
purpose of administering this Agreement:


National Executive Director
National Representative, or
Rochester AFTRA Local Executive Director


and such other persons as may hereafter be designated by AFTRA by
written notice delivered to the Company. The Rochester AFTRA local
shall from time to time furnish the Stations' management with a list
showing the names of the officers of the local Union and the Union
representation (shop steward) at the Station. There shall be no more
than one shop steward and one assistant shop steward to fill in when the
steward is absent, representing AFTRA employees.


SECTION 3 - STRIKES AND PICKETING


3.1 During the term of this Agreement AFTRA guarantees on behalf of itself
and each of its members that there will be no strike of any kind,
boycott, picketing, work stoppage, or any other type of organized
interference, coercive or otherwise, with the Company's operations.


3.2 In the event of any strike, boycott, picketing, work stoppage, or any
other type of interferences with the Company's operations which is not
authorized by AFTRA, the Company agrees that there shall be no liability
on the part of National or Local AFTRA or any of their officers or
agents, provided that in the event of such unauthorized action AFTRA
first meets all the following conditions:


(a) AFTRA shall declare publicly that such action is unauthorized.


(b) AFTRA shall promptly order its members to return to work or to
cease such unauthorized action, notwithstanding the existence of
any picket line.


(c) AFTRA shall not question the unqualified right of the Company to
discipline or discharge employees engaging in, participating in
or encouraging such unauthorized action after AFTRA has taken the
action in (a) and (b) above. It


-4- 9 1997 AFTRA/WROC-TV AGREEMENT (cont.)


is understood that such disciplinary action or discharge by the
Company shall be final and binding upon AFTRA and its members and
shall in no case be construed as a violation by the Company of
any provision of this Agreement, provided that an issue of fact
as to whether or not any particular employee has engaged in,
participated in, or encouraged any such violation may be subject
to the arbitration provisions of Section 5 hereof.


(d) During a strike by any other labor organization no AFTRA member
shall be assigned to, or requested to, perform any of the duties
normally performed by the striking employees.


SECTION 4 - MINIMUM TERMS AND CONDITIONS


4.1 The Company agrees that the minimum terms and conditions governing the
employment of Artists and Producer-Directors of the Station are those
contained in this Agreement and the Company agrees that it will not
enter into any contract with, or employ any staff Artist upon terms and
conditions less favorable to the Artist or Producer-Director than those
set forth in this Agreement. The parties agree that at no time shall
any duty owed by AFTRA's members to the Company require such member to
work for less than such minimum terms and conditions and the Company
agrees that it will not require any AFTRA member to work for less than
the said minimum wages. No refusal to work for less than the said
minimum terms and conditions, whether or not directed by AFTRA, shall
constitute a breach of this Agreement by AFTRA, or a breach of any
individual member's contract. Such refusal to work shall not be deemed
a termination of this Agreement and this Agreement shall nevertheless
remain in full force and effect, and the dispute settled according to
Section 5 of said Agreement.


4.2 The minimums established by the Agreement shall be net to the Artist,
except for withholdings or deductions which are required by law, and
voluntary deductions for hospitalization, insurance, Relief-Association
plans, Union dues and such other deductions as may be agreed to by
AFTRA.


SECTION 5 - GRIEVANCE & ARBITRATION


5.1 Grievance Procedure. Subject to Section 9(a) of the Labor Management
Relations Act of 1947, should any difference or dispute arise between
the Company and the Union as to the interpretation or application of the
provisions of this Agreement, there shall be no suspension of work,
stoppage, slowdown or lockout on account of such differences or
disputes, but an earnest and good faith effort shall be made by the
parties to settle such differences or disputes immediately in the
following manner:


(a) STEP ONE: The Shop Steward shall discuss any differences or
disputes orally with the Department Head within fifteen (15)
days after the occurrence which gave rise to the difference or
dispute. If the difference or dispute cannot be


-5-


10 1997 AFTRA/WROC-TV AGREEMENT (cont.)


settled to the satisfaction of the parties within ten (10) days
after it was first discussed as above, it shall, within fifteen
(15) days after first discussed as above, be reduced to writing
and submitted to Step Two.


(b) STEP TWO: The written grievance will be submitted to the Station
General Manager or a designated representative. The Station
General Manager and the Union Executive Director or their
designated representatives shall meet promptly to discuss and
settle such grievance. If such grievance cannot be settled it
may be submitted to arbitration by the Union or the Company under
the provisions of Paragraph 5.2 of this Section. Such referral
of any grievance from this Step Two to arbitration shall be in
writing and within a thirty (30) day time limit from date of
written grievance, unless the time limit is extended by mutual
agreement in writing.


(c) Any specific grievance not fil ...