Collective Bargaining Agreement For Weyi-tv

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


2
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 ............................................... 9
Steps A, B, C, D, E, F, G, H ..............................
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
Union Leaves ........................................................ 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 6
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 2225 West Willard Road, Clio, Michigan, 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 2225 West Willard, Clio, Michigan 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 2225 West Willard Road, Clio, Michigan, 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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