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Collective Bargaining Agreement (12/1/97)

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Exhibit 10.37


LOCAL 246


INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS


AND


SMITH ACQUISITION CORP. - WTOV-TV


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TABLE OF CONTENTS


SECTION I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1


1.1. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.2. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3. Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.4. Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.5. Check-Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.6. Union Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.7. Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.8. No Strike - No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.9. Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.10. Temporary Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.11. Part-Time Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.12. Equal Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.13 Transfer of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7


SECTION 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8


2.1. Grievance and Arbitration Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.2. Investigation of Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10


SECTION 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10


3.1. Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.2. Workweek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.3. Work Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.4. Minimum Shift for Employees Scheduled to Work . . . . . . . . . . . . . . . . . . . . . . 11
3.5. Rest Period Between Shifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.6.A. Preparation Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3.6.B. Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.7. Travel Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.8. Overtime and Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.9. Travel Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.10. Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.11. Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.12. Payday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3.13. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.14. Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.15. Sick Leave and Funeral Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.16. Pension Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.17. Group Life, Hospitalization, Major Medical and Dental Insurance . . . . . . . . . . . . . 19
3.18. Bonuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20


SECTION 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20


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4.1. Hazardous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
4.2. Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4.3. Clean and Safe Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21


SECTION 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21


5.1 Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5.2 Layoffs and Preferential Re-Hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.3 Discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.4 Military Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.5 Management of the Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.6 Total Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24


SECTION 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24


6.1 Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24


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AGREEMENT


This Agreement entered into as of this 1st day of December, 1997, by and between Smith Acquisition Corp., owner and operator of WTOV-TV, Steubenville, Ohio/Wheeling, West Virginia (hereinafter referred to as the "Company"), and Local Union No. 246 of the International Brotherhood Of Electrical Workers (hereinafter referred to as the "Union"), bargaining representative for the Engineers, Switchers-Directors, Projectionist-Audio, Floormen, Cameramen, Film Editors, Associate Film Editors, Property Managers, and Artists (hereinafter referred to as "Technicians" or "Employees"), employed by the Company at Station WTOV-TV during the term of this Agreement.


BASIC PRINCIPLES


The general purpose of this Agreement is to set forth the hours of work, rates of pay, and conditions to be observed by the Company and the Union; and to provide orderly and harmonious procedures between the Company and the Union; and to secure a prompt and fair disposition of grievances.


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


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SECTION I


The general purpose of this Agreement is to set forth the hours of work, rates of pay, and conditions to be observed by the Company and the Union; and to provide orderly and harmonious procedures between the Company and the Union; and to secure a prompt and fair disposition of grievances.


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


1.1. Duration - This Agreement shall take effect the 1st day of December, 1997, and shall remain in effect through November 30, 2000.


1.2. Scope of Work - The work covered by this Agreement to be performed only by Technicians, shall include all work in connection with the installation (except the installation of conduit and alternating current wiring therein, the wiring of light circuits and the wiring of power circuits up to the final distribution panel), operation, maintenance and repair of television broadcast, facsimile and audio equipment and apparatus by means of which electricity is applied in the transmission or transference production or reproduction of voice, sound or vision with or without ethereal aid, including all types of recordings, editing and splicing of film and tape and all work of the manner and kind now performed by the present bargaining unit on equipment owned, operated, leased or rented from other parties by the Company. Excluded will be the equipment and apparatus used in the Wheeling West Virginia satellite news studio, the teleprompter, all portable audio tape recorders, all silent or sound film and tape equipment and film and tape editing equipment used in news reporting, sports coverage, public affairs, and documentary


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programs. Provided that bargaining unit employees may be assigned to operate the Teleprompter so long as they are not required to simultaneously perform other work, and so long as other personnel normally assigned to the Teleprompter are not at work.


Notwithstanding anything to the contrary contained in this Agreement, the operations manager, the assistant operations manager, the creative services director, the chief engineer, and the assistant chief engineer shall be permitted to perform bargaining unit work which is incidental to their jobs, provided that such work may not exceed twenty percent (20%) of their work time; and provided further that supervisors will not be scheduled in advance to perform on air work.


1.3. Recognition - The Company recognizes the right of its employees to organize and to bargain collectively through representatives of their own choosing. Local Union No. 246 of the International Brotherhood of Electrical Workers is hereby recognized as the collective bargaining representative of the employees.


1.4. Union Security - It is a condition of employment that all present employees in the bargaining unit who are tendering uniform initiation fees and the payment of periodic dues shall continue to do so during the term of this Agreement or any extension thereof. All employees who are hired into the bargaining unit on or after the effective date of this Agreement shall take such steps as are necessary to tender uniform initiation fees and periodic payment of dues effective on or after the thirty-first (31st) day following the beginning of such employment or the effective date of this Agreement,


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whichever is later. The Union may request that, the Employer discharge an employee who fails to discharge such obligations. In the event the Employer complies with such request, the Union shall indemnify, defend and save the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Employer in relation to the obligations of this section.


1.5. Check-Off - The Company agrees to deduct from wages of employees membership dues in the Union, provided the Company receives from each employee on whose account such deductions are to be made, an individually signed check-off authorization card. Such check-off authorization cards may be irrevocable during the balance of the term of this Agreement or for one (1) year after the date on the card, whichever occurs sooner, and shall be irrevocable for a successive period of one (1) year or successive terms of collective agreements between the Company and the Union, provided they are not revoked within the specified period set forth in the authorization card. The Company and the Union have agreed upon a form of check-off authorization card which is attached hereto as Exhibit "A", and which, by reference, is made a part of this Agreement. Such deductions shall be made from wages payable on the first (lst) day each month following the date such membership dues become payable, and the Company shall promptly remit the same to the Treasurer of the Union.


1.6. Union Discipline - The Union reserves the right to discipline its members for violation of its laws, rules and regulations, not contrary to the provisions of this Agreement.


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1.7. Representation - The Union and the Company agree to meet and confer through representatives at reasonable times on any and all questions or matters relating to the terms of this Agreement. Should any employee, acting in an official capacity as a representative of the Union, confer with the Company at reasonable times for reasonable periods during regular working hours, he may do so if it becomes necessary, providing he makes provisions with another qualified employee to replace him, without cost to the Company.


1.8. No Strike - No Lockout - The Union and members of the bargaining unit agree that there will be no strikes, slowdowns, concerted refusals to work over-time or work stoppages of any kind including, but not limited to, refusals to cross picket lines established at the Employer's premises, and the Company agrees that it will not engage in a lockout during the term of this Agreement, whether or not the underlying dispute between the parties can be resolved under the grievance and arbitration procedures provided in this Agreement. The Union further agrees that it will take every reasonable means which is within its powers to induce employees engaged in a strike or work stoppage in violation of this Agreement to return to work. All questions, disputes, or controversies as to the interpretation, application and/or performance under the terms of this Agreement shall be settled and determined solely and exclusively by the grievance and arbitration procedures provided in this Agreement.


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1.9. Probationary Period - A new employee shall be on probation for the first one hundred eighty (180) days of his employment unless the new employee has had at least one (1) year of documented experience by a previous employer in television work, then his probationary period shall be ninety (90) days. If the Company finds, after a trial, such probationary employee is not qualified for the position, the Company may, during such probationary period, terminate the employment of such employee and such termination shall not be subject to the grievance procedure. An employee in the employ of the Company beyond the applicable probationary period shall be considered employed on a regular basis.


1.10. Temporary Employees - Temporary employees will be employees who are employed to cover for the vacations, long-term illnesses and leaves of bargaining unit employees. Temporary employees are not covered by this Agreement and are not eligible for the benefits hereunder. They may be laid off, disciplined, or discharged as determined by the Company and their layoff, discipline, or discharge shall not be subject to the grievance procedure. Temporary employees continued in the service of the Company subsequent to their temporary employment shall receive credit for such service. Any such temporary employee whose employment is continued beyond 180 days shall be covered by this Agreement and shall be deemed to have completed his probationary


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period. A disruption in service of less than 90 days of such a temporary employee's employment shall not work a forfeiture of his time served immediately prior to such disruption. At the commencement of any such temporary employment, the Company shall notify the Union of such employee's status.


1.11. Part-Time Employees - Part-time employees are employees who regularly work less than a forty (40) hour week and not less than four (4) hours on any day. They earn seniority credit of one (1) week for each forty (40) hours worked. They will be given preference in filling full-time vacancies on the basis of seniority if qualified. Their probation period shall be one hundred eighty (180) days. Part-time employees are subject to all provisions of this Agreement except workweek, workday, and schedules. A part-time employee who is regularly scheduled to work thirty-two (32) or more hours per week shall have the option of obtaining the Group Life and Hospitalization coverage provided for under Section 3.17 of this Agreement, on the same basis as full-time employees. A part-time employee who has completed six (6) months of service and who has worked eighty-eight (88) hours or more per month during any three of the four preceding months, but who is regularly scheduled to work less than thirty-two (32) hours per week shall have the option of obtaining for himself or herself alone the Group Life and Hospitalization coverage provided for under Section 3.17 of this Agreement, at the cost to the part-time employee of one-half (1/2) of the cost to the Company of providing such insurance. Such part-time employees shall not be permitted to


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enroll their dependents in such insurance plans. The number of part-time employees actively employed cannot exceed 25% of the number of full-time employees actively emp
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