AGREEMENT BETWEEN NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS - COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO AND WGBH EDUCATIONAL FOUNDATION 2005 - 2008 Table of Contents
t\.RTICLE 1.•••..•.•.••....•...•.••.•••••.•.••••.••....•••.••••• ~(;()(;.l'lITI()~ ~ W~T'\7 1 ARTICLE II .•..•.•.••....•...... •.••• EQUAL OPPORTU1'lITY AND NO DISCRIMINATION 1 ARTICLE III ...... •...... •.•...... •...... EMPLOYMENT 2 ARTICLE IV •.••...•...•.•....•.•.••••..•••.••..•....•.••....•.•...••••••.•••...••••••.•••.•. CHECK-OFF 7 ARTICLE V ..••••••••••...•...... •••.•.•...... •....•.•...•..••••••••..•••.••.••• WORK SCHEDULES 8 ARTICLE VI ..•.•.•••.•.••...••.•.•••.•.•..••••.•...... •.•.•••.••••.•••.•.••••.•••.•• MEAL PERIODS 13 ARTICLE VII .••...•.•...•.•.•.•.••••.••••••....••.....• CLASSIFICATION AND WAGE SCALE 15 ARTICLE VIII ••.....•...•.•...••••••••.••...••.•.•••••••••••••.•..•..•.•.•...... •.••.•••.•.•• OVERTIME 19 ARTIC;LE I~ ...... ~A1'AR'\7 C()NTll'JlJi\Tl()l'J 19 ARTICLE X .•...•...•.•...... ••.•.•.•....•..•.....•...•.•.•.•..•...... •..••...•....•.•.•• VA CATIONS 22 ARTICLE XI .••....•.•...... •.•.•...... •••.....••.••.•.•..••••.•.....•.•.•.•.•....••..•.•.••.• HOLIDAYS 25 ARTICLE XII .....•..•..••..•.....•.•.•..•..••..••....•..•.••.•.••.•.•••..•.•.•.....••••••.•..•• BENEFITS 26 ARTICLE XIII .•...... •...... •..•.•.•...... •...... •.•...... •.•..•.• MANAGEMENT RIGHTS 29 ARTICLE XIV ••...•...... •..•..••••...••..•...... •...... •.•....•..•.•.•.•.•...•..•••. JURISDICTION 29 ARTICLE XV ...... ~MOTE OPERATIONS, TRAVEL~ LIVING 41 ARTICLE XVI ••...... •... OPERATION OF PERSONAL AND EMPLOYER VEIDCLES 42 ARTICLE XVII •.....•...... •.....•.•.•....•.•...... ••.... SEMORITY, LAYOFF,~ ~CALL 43 ARTICLE XVIII ...•.•.•...... ••.•...•...... •....•...•••.•...... •.•.•...... SEVERANCE PAY 44 ARTICLE XIX .....•.•..•...... •.....•.•...•...... •..•...•..•.•.••...... •...... •.•••.•.•••. DISCIPLINE 45 ARTICLE XX .•...... •...... •..•....•...... •....•.....•.•. GRIEVANCE PROCEDURE 45 ARTICLE XX] .•...... •....••...•...... NO STRIKES - NO LOCKOUTS 48 ARTICLE XXII •...... •...... •....•..•.•.•..•.•..•..•...... •..•.•...... •...... •.....•. "'. SAFETY 48 ARTICLE XXIII ...... GENERAL PROVISIONS 49 ARTICLE XXIV ...... •...... •.•.•.•.•...... •...... •...••••••..•.•.• SCOPE OF AG~EMENT 50 ARTICLE XXV ...... SEPARABILITY~ SAVINGS PROVISION 51 ARTICI.iE XXVI ...... •...•...... ••.•..•...•.•..•...•..•. TEill\1 ()I? A(;.~EMENT 51
i AGREEMENT
This Agreement is between the National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO (hereinafter called the Union) and the WGBH Educational Foundation (hereinafter called the Employer).
ARTICLE I
RECOGNITION AND WARRANTY
1.1 The term "employee" as used in this Agreement applies to all regular full-time, regular part-time, temporary and freelance employees employed at the Employer's Allston, Massachusetts location, classified as engineers within the jurisdiction of this Agreement as hereinafter defined, but excluding all other employees, professional employees, guards and supervisors as defined in the National Labor Relations Act. The Union represents and warrants, and it is the essence hereof, that it represents for collective bargaining purposes, a majority of the employees. The Employer accepts and recognizes the Union as the exclusive bargaining agent of and for the employees of the Employer as herein described, with reference to rates of pay, wages, hours of employment and other terms and conditions of employment.
ARTICLE II
EQUAL OPPORTUNITY AND NO DISCRIMINATION
2.1 It is the policy of the Employer and the Union not to discriminate against any employee or applicant because of race, religion, color, sex, sexual preference, age, national origin, military service or disability (except in the case of disability where such disability would prevent employee from meeting the bona fide requirements of the job). Additionally, the Employer and the Union will take positive steps to insure that protected class employees are in no way obstructed from advancement and receive equal opportunities for transfer, promotion, layoff, recall, training, education, and compensation. As used in this Agreement, and except as otherwise clearly required by their context, the masculine, feminine and neuter import one another.
2.2 All employees are encouraged to refer to the Human Resources Office protected class applicants believed to be potential candidates for existing and/or future openings.
2.3 The Employer will not discriminate against any Employee for legal conduct in furtherance of the policies and aims of the Union.
2.4 The Director of Human Resources will provide copies of all job postings throughout the Foundation to the NABET-CWA Local President or his designee as the openings are posted.
1 ARTICLE III
EMPLOYMENT
3.1 As a condition of employment, all employees referred to in Section 1.1 shall, thirty (30) days after the date of execution of this Agreement, or in the case of new employees, thirty (30) days after the date of hiring, become members of the Union and remain in good standing in the Union during the term of this Agreement.
3 .2 For the purposes of this agreement the term "days" shall be deemed to mean calendar days except where otherwise specified.
(a) The Employer will, within five (5) working days after receipt of proof from the Union, discharge any employee who is not in good standing in the Union by virtue of having failed to tender the uniform membership dues and initiation fees, as required by the preceding paragraph. Employees terminated pursuant to this provision shall not be entitled to notice, or severance payment, under Article XVIII hereof.
(b) Regular full-time, regular part-time, freelance and temporary employees shall have the option, with reference to initiation fees, of discharging the obligation in one lump sum payment or six (6) monthly installments.
3.3 The Employer agrees to refer all employees hired hereunder, within seven (7) days after the commencement of work, to the Local Officers of the Union for information and advice as to the Union Shop requirements of the Agreement and to notify the Local Union of such hiring as soon as possible but no later than the expiration of the seven (7) day period. The notice to the Local Union shall be in writing, and shall include the new employee's name, address, telephone number (unless unlisted), and whether a Regular Full-Time, Regular Part Time, Temporary or Freelance Employee.
3.4 (a) All new employees hired after the effective date of this Agreement will be subject to a probationary period of ninety (90) days unless that period is reduced by the Employer. That period may be extended for an additional ninety (90) days with the mutual agreement of the Employer, the Union and the Employee.
(b) Days lost due to sickness or accident shall not break the consecutive period of an employee's probationary period, and such probationary period shall be extended by the number of such days.
(c) During his/her probationary period, the employee may be discharged in the sole discretion of the Employer, and such discharge shall not be subject to the grievance and arbitration procedure of this Agreement.
2 3.5 Definitions of Employees.
(a) Regular Full-time Employees - An employee who is occupying a permanent full-time position. Such employee is eligible for all benefits defined in this Agreement.
(b) Regular Part-time Employees -An employee hired for an indefinite period of time scheduled for at least eight (8) hours and up to twenty-five (25) hours per week which hours may be scheduled in increments of any number of hours on any given day during the week. Employees employed as of March 1, 1999, and new employees hired to staff overnight air operations (Master Control and VTR/Media Prep) may be scheduled to work up to thirty hours on a part time basis. The limits on maximum part time hours in a week will not apply during holiday weeks or during weeks when the employee is needed to cover for a vacationing staff member. Part- time employees who are regularly scheduled to work sixteen (16) or more hours per week for more than six (6) months per year will be eligible to receive health benefits on the same basis as full-time employees and will receive vacation benefits and salary continuation equal to one half the benefit available to full-time employees with equivalent length of service. For purposes of this provision, a day of vacation and salary continuation shall be equal to the number of hours the employee would have worked on the day the vacation/salary continuation is taken. No other benefits apply, and part-time employees do not acquire seniority or become eligible for severance pay.
(c) Temporary Employees - An employee hired for the purpose of supplementing the regular employees. Temporary employees are subject to all work rules but shall not be eligible for benefits, including severance pay, and shall not acquire seniority. Temporary employees will be hired, on a weekly basis, at no less than the minimum of the applicable wage scale set forth in Section 7 .3 hereof, and will be given a minimum of one (1) week's notice prior to termination, or transfer, unless such termination, or transfer, of employment was specified at the time of hire. If the complement of regular full-time employees under this agreement is less than forty (40), the number of temporary employees will be limited to not more than the number of employees absent due to long term illness, leave of absence, or vacation. If the complement of regular full-time employees under this agreement is forty (40) or more, the number of temporary employees will be limited to the number of employees absent due to long term illness, leave of absence or vacation plus an additional number of temporary employees not to exceed ten percent ( 10 %) of the number of active regular full-time employees. Such additional temporary employees may be hired for a period not to exceed thirteen (13) weeks.
3 (d) Freelance Employees
(i) May be utilized by the employer on a full- or part-time basis, to augment the full-time staff, then actively employed, to meet requirements in numbers or skills that may be occasioned by resignations, increased work loads, or any other condition that may create a short term staffing need. Freelance employees are covered by all work rules of this Agreement, but are not eligible for severance pay or benefits, and shall not acquire seniority hereunder.
(ii) Freelance employees shall be hired on a five hour per day minimum basis and will be compensated at an hourly rate of pay not less than one hundred ten percent ( 110 %) of the top of the scale set forth in Article 7.3(a) rounded to the next highest dollar. Freelance employees will be eligible for overtime for any hours worked in excess of eight (8), or in excess of ten (10) in case of a ten hour call.
(iii) The parties recognize that full-time staff employees desire opportunity to work on special productions and assignments which provide an opportunity for variety and work experience and professional growth opportunities. It is also recognized, however, that it is essential for the station to maintain and project the highest possible quality levels if it is to continue to provide work opportunities for bargaining unit employees. In order to maximize the above objectives to the greatest extent possible, the parties are agreed as follows:
(a) It is agreed that regular full-time staff employees who, in the opinion of Production Services Management, are equally qualified to perform a given special assignment, and who are acceptable to the executive producer (or, in the case of an outside client, its designated representative), or his or her designee, responsible for the work, such employees will be preferred over freelance employees.
(b) In addition, it is agreed that if the producer responsible for the work in question requests the assignment of a regular full time staff employee to a particular project which would otherwise be filled by a freelance employee, and the regular full-time employee is, in the opinion of Production Services Management, qualified to perform the same, the full-time staff employee shall be given preference to such assignment.
(c) It is understood that, in either case, such assignment will not be required if it will result in any additional cost to the Employer, including, but not limited to, penalties, turnaround or additional overtime.
4 (1) The Employer agrees that if a regular full-time staff employee requests, in writing, opportunity to work on a particular assignment and such request is rejected, the party rejecting the employee will, upon the written request of the employee that it do so, furnish the employee and the Union with a written statement as to who made the decision to reject such application and the reasons for such rejection.
3.6 Full Crew Provision. The Employer and the Union are agreed that neither regular part-time, nor freelance employees, nor any combination thereof, shall be utilized in such a manner as to substitute for, or to displace from full-time employment, a regular full time employee by causing a layoff of such an employee who is then actively working, or by avoiding or deferring the recall to full-time employment of such an employee who is then on layoff subject to recall.
For the purposes of this provision, full-time employment is any work which the Employer undertakes which can reasonably be scheduled to provide work for a regular full time employee, as defined in 3.5(a), over a period reasonably expected to involve ten (10) or more weeks of continuous employment. Employees offered recall to full-time employment, as above defined, who accept the same, shall be guaranteed work, or pay in lieu thereof, for a minimum of ten (10) weeks, and such employee shall not be returned to laid off status at or after the expiration of such period unless the notice requirements of Section 18.1 of this Agreement have first been satisfied.
3.7 (a) Employment Preference for Laid Off Regular Full-Time Employees
(i) Employment Preference for Laid Off Regular Full-Time Employees. The Employer agrees that employees who are on lay off with recall rights will be offered the opportunity to return to regular part time, free lance and/or temporary employment within their primary job assignment, giving preference to seniority, subject to the senior employee's qualifications to perform the work constituting the subject of such assignment to the Employer's standards.
(ii) Primary job assignments for purposes of this Article will be: Maintenance, Studio Crew, EFP Camera, Editors, Audio Post Production, Master Control, Tape Floor, Radio Maintenance Engineers, FM Engineers and World Engineers.
(iii) The parties will designate the employee's primary job assignment at the time of the lay off.
(iv) In the event of a recall opportunity that is expected to provide a mix of duties associated with multiple primary job assignments, the work will be offered, in order of seniority, to laid off employees who are in
5 the primary job assignment which is expected to provide the predominant amount of work for the shift in question.
(v) The minimum daily call for laid off employees performing free lance, part time or temporary work shall be:
A five- (5) hour minimum call per day for regular part-time employment and for freelance opportunities outside the employee's primary job assignment.
An eight- (8) hour minimum call per day for freelance employment- within the employee's primary job assignment.
(vi) A laid off employee who has rejected four (4) offers of employment within his-primary job assignment shall not again be considered for further offers unless the employee has notified the Employer of his willingness to accept the same and shall be assigned to the-bottom of the seniority list for the purpose of such assignments.
(vii) The Employer agrees, however, that any employee accepting, or rejecting, an offer of employment under this provision does so without affecting his layoff status or his severance entitlement and that an employee may remove himself from the "offer" list for a specified period of time, by advance written notice to the Employer, without penalty.
(b) The Employer agrees that when there are regular full-time positions available, for which there are no regular full-time employees on layoff who accept recall, preference among equally qualified applicants for such position will be given to the then currently employed regular part-time employees. As between equally qualified regular part-time employees applying for such position, the employee with the greater accumulated number of hours with the Employer will be preferred. A regular part-time employee hired for such a position shall be credited with his accumulated part-time hours, (on the ratio of 170 hours equals one month) toward his/her probationary period under Section 3.4 above, except for the final two (2) months thereof. For purposes of applying the foregoing, it is agreed that in any situation in which the scope and requirements of the regular full-time position are essentially the same as the scope and requirements as the position occupied by a part-time employee, such part-time employee will be presumed, subject to the application of the probationary period set forth above, to be equal in ability to new hires unless such new hire can demonstrate significantly superior ability for such regular full-time position.
6 ARTICLE IV
CHECK-OFF
4.1 Upon receipt of a signed authorization of the employee involved, in the form set forth in Section 4.4, the Employer shall deduct from the employee's pay check the Union initiation fee and the dues payable by him to the Union and, at the option of the Local Union, the dues payable by him to the Local Union, during the period provided for in said authorization.
4.2 Deductions shall be made on account of initiation fees from the first pay check of the employee after receipt of the authorization of in accordance with the schedule of payments provided for therein. Deductions shall be made on account of Union dues from the first paycheck of the employee after receipt of the authorization and bi-weekly thereafter. Deductions of Union dues and Local Union dues shall not be made from severance pay.
4.3 Deductions for Local Union dues shall be remitted to the Local Union and deduction for initiation fees and union dues shall be remitted to the International Office of the Union in each case no later than the tenth (10th) day of the month following the deductions. The Employer shall furnish the International Union and the Local Union, at least monthly, with an alphabetical record of those for whom deductions have been made and the total amount of each deduction. In the case of dues withheld from freelancers' compensation, the Employer will also provide the gross earnings and social security number of the freelancers for whom dues are forwarded.
4.4 The parties agree that the check-off authorizations shall be in the following form:
Name Dept. (Please Print) (Please Print) (Please Print)
I hereby authorize the WGBH Educational Foundation to deduct bi-weekly from my wages a sum equal to (provide for percentage to be deducted) of my total earnings for the previous bi-weekly period including all overtime and penalty payments on account of membership dues in NABET-CW A. I further authorize the Foundation when notified in writing to do so by the Local Union to deduct from my wages on account of Union Initiation Fee the sum of Dollars which shall be paid (provide for period and number of payments). I further authorize the Foundation to deduct from my wages on account of dues payable to the Local Union (provide for amount or percentage to be deducted). The sums thus to be deducted are assigned by me to NABET-CWA and are to be remitted by the Foundation to the Union and the Local Union.
I submit this authorization and assignment with the understanding that it will be effective and irrevocable for a period of one (1) year from this date, or up to the termination date of the current collective bargaining agreement between the WGBH Educational Foundation and NABET-CWA, whichever occurs sooner.
7 This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above and each subsequent yearly period shall be similarly irrevocable unless revoked by me within ten (10 ) days prior to the expiration of any irrevocable period hereof. Such revocation shall be effected by written notice by registered mail to the Foundation and the Union within such ten (10) day period.
Signature Date
ARTICLEV
WORK SCHEDULES
5.1 The Week:
(a) The week for full-time employees shall consist of, and the schedule shall reflect, four (4) consecutive work days and three (3) scheduled days off or five (5) consecutive work days and two (2) days off, as hereinafter provided.
A day off scheduled as an overtime day shall also be reflected on the Schedule.
(b) The week begins at 12:01 A.M. on Monday and continues until 12:00 Midnight on the following Sunday. Subject to overtime assignments pursuant to 5.2(g) and 5.2(h) hereof, for employees on a four (4) day schedule at least two (2) of the three (3) days off shall be scheduled in each week so as to be consecutive, and no single days off shall be scheduled, except that the Employer and the affected employee may agree to single days off to expedite the employee's return to a Monday through Friday schedule. Sunday and Monday shall be considered consecutive for the purpose of scheduled days off.
(c) Should there be less than four (4) hours separating consecutive shifts, this time shall be considered contiguous to the previous shift, as if time worked.
(d) There shall be a minimum of twelve (12) hours' turnaround between the time an employee leaves work on any day and the time he reports for work on the next day, as a turnaround period. Assignments during the turnaround period shall be compensated for, in addition to the applicable rate, in an amount equal to one-half (1/2) the employee's straight time rate per hour for the portion of such assignment which encroaches on the period specified above (not including, however, any time not worked but paid for pursuant to (c) above.) The foregoing shall not apply if the employee has been off work for one hundred sixty-eight (168) or more hours. In the event of a scheduled turnaround of less than eight (8) hours, employees will be eligible for reimbursement for the cost of a single motel room and overnight parking (not to exceed the current cost of a single room plus parking at the Company's corporate rate at the Doubletree Guest Suites Hotel on Storrow Drive). Employees will be required to produce receipts to substantiate any claim for reimbursement.
8 ( e) The Employer agrees that all employees hired prior to August 31, 1980 shall remain frozen in their work schedule, (as between five eight (8) hours days and four ten (10) hour days), as it existed at that time, unless they volunteer to change the same. With respect to employees hired thereafter and prior to the date of execution of this Agreement and any new employees hired in the future, with the understanding that they are subject to this provision, the Employer may assign such employee to work a five (5) day work week with, subject to overtime assignments pursuant to 5.2 (g) and 5.2 (h) hereof, two (2) consecutive days off, each day consisting of eight (8) straight time hours. The employee will be given at least two (2) calendar weeks prior notice of assignment to a 5/8 week from a 4/10 week, or vice versa. An employee working under this provision shall receive overtime pay after eight (8) hours work per day, shall qualify for a meal period provided for herein, and the hours of work referred to in Section 5.2(b) and (c) shall be seven (7) and (8) rather than the nine (9) and ten (10) specified therein for employees working a four (4) day schedule.
In any given week, the Employer will offer an opportunity of a four (4) day work week to a sufficient number of employees to insure that the total number of employees who were offered such work (including all grandfathered employees and employees on vacation who normally work a four [4] day work week) shall not be less than fifty percent (50%) of the regular full-time and full time temporary force then actively employed.
(f) The shifts of Employees who are primarily assigned to air operations, except for employees who have picked a shift under the provisions of Sideletter F, will be rotated on the first Monday of April, August, and December. Employees who have picked a shift under the provisions of Sideletter F will not be rotated, and the shifts they have picked will not be available to employees who are rotating. Employees working air operations (Master Control and VTR/Media Prep) shifts beginning on Friday or Sunday and overnight shifts will not participate in rotation.
5.2 The Work Day
(a) There shall be no split shifts.
(b) The work day for engineers assigned to Broadcast operations (Transmitter, Master Control, VTR/Media Prep) shall be either seven (7) or nine (9) hours and the engineers will eat on the job. In the event an employee remains after his completed broadcast shift on overtime in a non-broadcast assignment the 8th or 10th hour of pay will be counted as time worked for purposes of subsequent meal periods. An employee who remains on overtime in a broadcast assignment will qualify for one hour of pay for time not worked on the second shift provided he or she works a total of not less than sixteen (16) hours on the two (2) shifts.
9 (c) The work day for all other full-time employees shall be eight (8) or ten (10) hours including a one (1) hour paid meal period.
( d) If the Employer requires such functions to be performed, fifteen (15) minutes' time shall be allowed at the end of the work day for the purpose of minimum strike, equipment normalization and cleanup of work areas.
(e) The weekly work schedule shall be posted not later than 3:00 P.M. Tuesday (or Wednesday if Monday is a holiday, observed as such by the Employer's clerical personnel) for the following week. If not, each employee affected thereby shall receive a fee of fifteen dollars ($15.00). If the affected employee's schedule is not posted by Tuesday or Wednesday at 3:00 P.M., as above provided, and he notifies the Scheduling Office, an additional penalty fee shall be paid for each 24-hour period thereafter until such employee's schedule is posted or the work performed.
(1) The schedule posted on XYTECH shall be considered the official schedule.
(2) Work schedules for transmitter engineers may be communicated by telephone for posting on the transmitter bulletin board subject to the same deadlines and penalties.
(3) When a remote takes place on the day the schedule is posted, it will be the responsibility of the Employer to notify employees of their posted schedule.
(4) Employees shall be at the work place assigned on the schedule at the designated time on each work day ready to perform the assigned work.
(5) The daily assignments of all bargaining unit employees will be posted on XYTECH.
(6) When reporting to work at a production location within the Boston Area Core Zone, the employee shall be paid from the actual start time until dismissed. When reporting to work at a production location outside of the Boston Area Core Zone, the employee shall be paid at their rate in effect for all time traveling to and from the production location, measured from the principal place of business of WGBH to the production location.
Employees working on a coproduction may also be scheduled to start and end work at a production location outside the Boston Area Core Zone, provided that the
10 location is within a forty mile radius of the principle place of business of WGBH.
Unless transported by the Employer, employees traveling to any production location outside of the Core Zone shall be paid a mileage allowance calculated at the IRS reimbursement rate per mile to and from the production location, measured from the principal place of business of WGBH to the production location.
The Boston Area Core Zone includes all the cities and towns generally within a distance of twenty (20) miles from the Massachusetts State House. Cities and towns progressively farther from Boston up to and including the following outer tier are within the Core Zone: Beverly, Wenham, Danvers, Middleton, North Reading, Wilmington, Billerica, Carlisle, Concord, Sudbury, Framingham, Sherborn, Medfield, Walpole, Sharon, Stoughton, Brockton, Whitman, Rockland, Hanover, Norwell, and Scituate.
(f) When an employee's call is changed, the employee will be personally notified by Production Services Management. A note on the bulletin board, or a written change on the schedule, which has been posted not later than the end of the employee's prior work day, shall constitute personal notification. This paragraph does not release every employee from the responsibility of checking the bulletin boards at the beginning and end of each work day.
(1) Notice of daily schedule changes which affect reporting time (other than a daily schedule change consisting of the addition of overtime to the scheduled work assignment) shall be given at least forty-eight (48) clock hours in advance (twenty-four (24) hours in advance on remote productions involving at least one overnight). Such changes with less than the applicable notice specified herein may be made upon payment of twenty-five dollars ($25.00) for each such change.
(2) Engineers assigned to broadcast operations shall be paid a twenty five dollar ($25. 00) penalty if they do not receive personal notification of a change in their scheduled release time before the end of the previous day's shift. Exempted from this penalty are changes in scheduled release time resulting from late-breaking news, live or delayed hearings and public events, etc.
(3) Changes in scheduled days off in any week will not occur following the posting of the applicable weekly work schedule except by consent of the employees affected.
11 (4) A freelance shift which has been scheduled on the official post may not be canceled with less than forty-eight (48) hours notice in advance of the scheduled start time, except with the consent of both the Foundation and the employee.
(g) Production Services Management may request overtime of an employee by listing it on the schedule when posted in the preceding week. When such posted overtime is not desired by the employee, the employee must notify the Production Services Management within twenty-four (24) hours of posting. Allowance will be made for those unable to see the schedule. In the event such posted overtime is rejected by the employee initially assigned, it will be offered to any other employee, designated by the Employer, equally qualified to perform the work involved who has indicated to Production Services Management his willingness to accept such overtime. It is understood that the Employer shall not be required to offer such work to employees who are ( or would become, by accepting the same) eligible for the double time rate under Section 8.3 hereof. If no such employee is available, or if none can be determined by Friday of the week preceding the week in which such overtime is to be performed, the Employer shall schedule the qualified employee to perform the same who has worked the least number of overtime hours in that month including overtime hours worked under Section 5.2(h) hereof. It is understood that except as provided in 5.2(h) any overtime in excess of twenty (20) hours per month by an employee shall be voluntary on the part of that employee. It is further understood that when all available qualified employees have worked their twenty (20) hours of mandatory overtime and there is insufficient voluntary overtime available to fill the Employer's needs for Pledge and Auction production periods, then the Employer may offer this work to part-time employees regardless of the twenty-five (25) hour limit set forth in 3.5(b).
(1) If overtime is to be requested after the schedule is posted, Production Services Management must obtain the approval of the employee, except as provided in 5.2(h).
(2) There shall be no discrimination because of salary when overtime assignments are made and every reasonable effort will be made to divide overtime equally consistent with the assignment and the capability of the employee, to the extent that reasonable scheduling requirements permit.
(3) When Production Services Management has requested and the employee affected has accepted an overtime assignment, the Employer shall thereafter be obligated to furnish overtime work in the scheduled amount or its monetary equivalent to such employee. Hours paid for but not worked pursuant to any provision of this Agreement will be credited to the twenty (20) hours per month per employee under the preceding provisions of this subsection (g).
12 (h) The provisions of Section 5.2(g) notwithstanding, employees may be required to work overtime where:
(1) overtime is required by unanticipated events over which the Employer had and exercised no control, including unanticipated absence of scheduled unit employees, and/or,
(2) for up to one (1) hour per work day for the purpose of completing work already in progress.
(i) To the extent reasonable scheduling requirements permit, the Employer agrees to give preference with respect to assignments bearing overtime premium (i.e. time and one-half or double time) to regular full-time staff employees where a choice exists between such employees and freelance, regular part-time or temporary employees with respect to such assignment. It is understood, however, that the Employer has no obligation to create work bearing such overtime premium if it is able to have the necessary work performed on a straight-time basis, by any other person whom the Employer is entitled to employ under the provisions of this Agreement.
5.3 Subject to the provisions of this Agreement, the Employer reserves the right to assign any employee to any shift and to any work considered to be part of this Agreement. The Employer will attempt to make assignments consistent with each employee's preferences and aptitudes, to the extent that reasonable scheduling requirements permit.
5 .4 Employees may request or be requested to perform duties not covered by this Agreement, including work performed by contractors under Section 14. l(b), provided such an assignment is mutually acceptable to the employee and the Employer. An employee accepting such an assignment shall be deemed on leave of absence without interruption of seniority and upon completion thereof shall be returned to his or her bargaining unit position.
5.5 It is understood that the foregoing references to "posting", "bulletin board" and the like are used to reflect current practices and do not restrict the Employer in substituting other means of communicating schedule changes such as electronic bulletins, terminals and the like. When any such substitution is made, the Employer will insure that the new system will continue to provide a protected permanent record of compliance with the provisions of this contract with respect to scheduling information.
ARTICLE VI
MEAL PERIODS
6.1 All meal periods shall be of one hour's duration and shall be paid at the appropriate rate.
6.2
13 (a) In the case of employees working a four (4) day ten (10) hour schedule, the initial meal period shall be scheduled so as to begin no earlier than the beginning of the fourth (4th) hour and not later than the beginning of the sixth (6th) hour of the work day. In the case of employees working a five (5) day eight (8) hour schedule, the initial meal period shall begin no earlier than the third (3rd) hour and no later that the beginning of the fifth (5th) hour of the work day. In the case of employees assigned to a single production for eight (8) hours or longer on a given day, the initial meal period need not be scheduled, but must begin between the above limits.
(b) In the case of employees working a four (4) day ten (10) hour schedule, employees will be entitled to an additional meal period of (1) one hour's duration following the 11th, 16th, 21st, etc., hour of the work day if work continues after such time. In the case of employees working a five (5) day eight (8) hour schedule, employees shall be entitled to an additional meal period of one (1) hour's duration following the 9th, 14th, 19th, etc., hour of the work day if work continues after such time. The meal may begin in a time period defined as beginning two (2) hours before the entitlement hour and ending on or before the beginning of the hour following the entitlement hour. For example, if an employee whose regular time work day is 8:00 A.M. to 6:00 P.M., is required or scheduled to work beyond 7:00 P.M., he would be entitled to a second meal period beginning between 5:00 P.M. and 8:00 P.M.
It is agreed that an employee's second and subsequent meals period shall begin not later than six (6) hours after the end of the preceding meal period
( c) In the case of employees assigned to the same production, post production or "transmission" team where the employees include employees working on both a four (4) day ten (10) hour and a five (5) day eight (8) hour schedule, the meal periods pursuant to the foregoing provisions (a) and (b) shall be those applicable to the majority of employees constituting such team. If employees on the different schedules on such team are equally divided, the meal hours applicable as set forth above to employees on a four (4) day ten (10) hour schedule shall apply.
(d) It is agreed that during live broadcasts or recording of non-recoverable events the meal period may be deferred for the purpose of completing the broadcast/taping.
(e) Under circumstances other than those specified in Section 6.2(d) above should the Employer request, and the employee agree, to take his meal period outside such times, a meal infraction fee of twenty-five dollars ($25.00) shall be paid. In addition, a meal infraction fee will be paid if a meal is deferred under subsection 6.2(d) for more than one (1) hour.
14 6.3 On all remotes, the producer may provide an adequate meal at the work site in lieu of travel time to and from the nearest restaurant and the meal allowance for such meal under Article XV hereof. If an adequate meal is not provided, reasonable travel time to and from an adequate restaurant shall be added to the meal period and the applicable meal allowance shall be paid. Employees traveling at the Employer's expense shall not be entitled to meal periods, meal allowances or meal infraction fees if they are provided a meal while traveling appropriate to the time of day and at least comparable to meals provided on scheduled trunk airlines.
6.4 It is agreed that events shall not be scheduled in such manner as to intentionally circumvent the terms of this Agreement.
ARTICLE VII
CLASSIFICATION AND WAGE SCALE
7.1 The term "Engineer" as used in this Agreement applies to all employees whose duties include work performed by engineers and studio technicians as those terms were used prior to March 4, 1987, including installations, set up, operation, adjustment and maintenance of the employer's electronic and electrical technical equipment used for broadcast; switching for master control and video switcher functions; the operation, including physical set-up where required, of electronic television cameras, video switchers, microphone booms, prompting devices, graphic and display devices, front/rear screen projectors, cranes and camera dolly type devices, and includes studio and remote lighting and stage managing included under the jurisdiction set forth in this agreement.
7.2 All employees covered by this Agreement will be classified as engineers and will be available for assignment to any function within the jurisdiction of this Agreement, with the following exceptions:
(a) Employees who were employed prior to March 4, 1987, will be given adequate training prior to being assigned to work which was not within the classification to which they were assigned prior to March 4, 1987;
(b) Employees who have not been assigned to electronic maintenance work prior to March 4, 1987, will not be required to perform such work except those who are hired to perform such work or who voluntarily accept assignment to that work. It is recognized that there may be certain work assignments that employees who were hired as Studio Technicians or Engineers prior to March 4, 1987, will not be able to perform. Any claim that a former Studio Technician or Engineer does not have the ability or competency to perform a particular assignment that pertained to the classification to which he did not belong before March 4, 1987, after diligent and good faith effort to learn the elements of the work, may be brought to the attention of the Scheduling/Training Committee, and will be resolved under the procedure set forth in that Article.
15 (c) No current employee, those employed prior to March 4, 1987, shall be laid off as a direct result of this agreement.
7.3 (a) Effective on the dates indicated below, minimum weekly wage scales for regular full-time employees shall be:
2/21/05 2/20/06 2/19/07
Level One 705 726 748 Level Two 775 798 822 Level Three 833 858 884 Level Four 898 925 953 Level Five 964 993 1023 Level Six 1033 1064 1096 Level Seven 1097 1130 1164 Level Eight 1170 1205 1241 Level Nine 1259 1297 1336 Level Ten 1391 1433 1476
(b) It is recognized that in hiring employees the Employer reserves the right to do so at levels above Level 1 based on its appraisal of their prior experience acquired outside of the Employer's operations covered by this Agreement and that the Employer may, subsequent to hiring an employee and during his or her probationary period, revise its appraisal of the appropriate level to which an employee should be assigned. In either such event it is understood that the employee will progress thereafter on the time intervals provided for above between the various steps from the time of such hiring or revision of level assignment, unless the Employer, in its sole discretion, elects to accelerate such progression.
(c) The Employer, in its sole discretion, reserves the right to grant merit increases, appoint leaders, and designate "senior" positions. Further, the Employer's right shall extend to the amount of compensation (if any), the term of any appointment, the right to review and adjust any such grants, increases, or designations as necessary, at least annually. The need for a title change will not be necessary when merit increases are granted.
(d) The Employer agrees that it is not its intent to reduce any merit or "Senior" premiums in existence on the date of execution hereof so long as the employees receiving the same continue to perform the duties on which such merit premiums are based.
( e) The Employer further reserves the right to offer above-scale compensation to individuals in return for special skills and additional services (e.g., vehicle maintenance, etc.)
16 (f) The Union will be notified not less frequently than monthly of any hirings or of any revisions by the Employer in level assignment under the foregoing progression scale and any instances of above-scale compensation for any of the foregoing reasons to employees for work performed within the jurisdiction of this Agreement.
(g) The Employer may, at its discretion, negotiate separation agreements with selected employees on an individualized basis, without notice to the union, and without any obligation to offer such agreements, or similar terms, to other employees.
7.4 (a) The Foundation and the Union agree that it is desirable to maintain and enhance the technical ability of the staff and that training programs are an appropriate vehicle for doing so in certain cases. Therefore, a joint Scheduling/Training Committee will be established.
(b) The Scheduling/Training Committee shall be composed of two representatives selected by the Foundation, one ( 1) of whom shall serve as Chairperson, and two (2) representatives selected by the union. Each party may appoint an additional representative to address any specific issues calling for knowledge or expertise not possessed by members of the standing committee. There shall always be an equal number of Management and Union Representatives on the committee.
( c) The Committee will have the authority to consider general or specific issues regarding training. Union representatives shall not lose any regular pay for attending meetings ( overtime and penalties shall not result from such meetings).
( d) Any member of the Advisory Committee may initiate a committee recommendation to the Director of Engineering and Director of Human Resources for the implementation of a specific training program. Any member or members of the committee who does not agree with a particular recommendation may file a notice of dissent which shall set forth the reasons why the member or members do not agree with the recommendation, and the alternative methods to accomplish the objectives underlying the original recommendations.
(e) The purpose of any recommendation will be to provide advice as to what would constitute appropriate training to insure that employees assigned to specific assignments will be able to perform those assignments in a manner which will maintain the Foundation's standards for technical excellence. Due consideration shall also be given to maintaining efficient and economic operations. Recommendations for specific training programs may encompass, where appropriate, classroom instruction, observation, hands-on experience, self
17 instruction and/or factory familiarization, and should include specific recommendations as to the estimated amounts of time for employees to become qualified for a particular assignment, giving due recognition to the fact that the amount of time will vary depending on the trainee's experience.
(f) The Director of Engineering and Director of Human Resources will give good faith consideration to any recommendations received from the Advisory Committee and any dissents to those recommendations. The Committee will be notified of the decision as to whether or not to implement any recommended program, and any modifications in the recommended program. The decision shall not be subject to grievance or arbitration except as set forth in Section (i) of this Article.
(g) In addition to considering training programs the Scheduling/Training Committee will have the authority to consider claims by individual employees that they are being assigned to work which they have not previously performed without having been given adequate or appropriate training. The Committee will take appropriate action to determine the nature of the disputed assignment and the training which the employee has received. It shall report to the Director of Engineering and Director of Human Resources as to whether or not the employee advancing the claim has been provided with adequate training for the assignment and, if it concludes that more training would be appropriate, what the training should consist of. Any member or members who do not agree with the report shall file an explanation of the reasons for the disagreement. The Director of Engineering and Director of Human Resources shall review the recommendations and make a decision as to whether the employee advancing the claim has received adequate training.
(h) Any employee who invokes the procedures of Section (g) will be required to perform the work assigned. However, no discipline for inadequate performance of that assignment may be implemented until after the Scheduling/Training Committee has made its recommendation and the Director of Engineering and Director of Human Resources have reviewed it.
(i) Decisions of the Director of Engineering and Director of Human Resources shall not be subject to grievance or arbitration except that any employee who has invoked his/her rights under Section (g) and is subsequently disciplined for inadequate performance on the disputed assignment will have the right to advance claims of inadequate training in any proceeding challenging the discipline imposed.
(j) In addition to the above, the training committee will have a budget of $25,000.00 (twenty-five thousand dollars) for each year of this contract to pay expenses associated with training to provide the opportunity for employees with interest and aptitude to upgrade existing skills and acquire new skills that will enhance the quality and efficiency of WGBH operations. Decisions regarding
18 the funding of specific training programs or opportunities will be made following the procedures set forth in Paragraph (d), (e), (f) and (i) of this Section.
ARTICLE VIII
OVERTIME
8.1 The employee's hourly rate shall be computed on his base weekly wage rate divided by forty (40).
8.2 Overtime at the rate of 1.5 times the hourly rate will be paid for work in excess of the regular work day, on a scheduled day off, or in excess of forty (40) regular time hours in one (1) week.
8.3 Overtime at the rate of twice the hourly rate shall be paid for work in excess of twelve (12) hours in any work day, or in excess of fifty-nine (59) hours in any week.
8.4 Time paid for but not worked shall not, except for paid meal periods, illness, holidays, and vacation, be counted when computing total hours in a day or week.
8.5 Overtime not contiguous to a regular shift shall be not less than five (5) hours.
8.6 An employee whose work day includes more than two (2) hours between the hours of 12:00 Midnight and 7:00 A.M. shall be paid a penalty of fifteen percent (15%) of his pay for that work day.
8. 7 All overtime payments shall be compensated on the basis of fifteen (15) minute segments.
8.8 Nothing in this Agreement shall be interpreted as requiring a duplication or pyramiding of holiday, daily or weekly overtime payments involving the same hours worked.
ARTICLE IX
SALARY CONTINUATION
9.1 Full-time employees who have completed their probationary period shall become eligible for salary continuation as below-defined during the balance of their first year of employment on the basis of pro-rata pay, to a maximum of forty (40) hours on the basis of 3.33 straight time hours for each full month of employment retroactive to their date of employment.
9.2 After completion of one (1) year of employment, the employee shall become eligible for salary continuation as below-defined, for the twelve month period following each anniversary date of employment according to the following schedule based on the employee's length of service from date of original hire:
19 1 year to 2 years 80 hours 2 years to 3 years 160 hours 3 years or more 240 hours
Unused salary continuation does not accumulate from year to year, except that employees will be allowed to carry over up to one week of unused salary continuation per year, up to a maximum of four weeks, for use in the event of catastrophic illness or injury.
9.3 Salary continuation will be paid for absences due to:
Illness and Off Duty Injury. The Employer may, with advance notice, request an employee to produce a statement from a physician certifying the existence of an illness or injury, whether or not salary continuation is involved, in circumstances where the Employer has reason to believe that the employee has misused salary continuation. If such a statement is not produced upon request, the employee shall not be eligible for salary continuation with respect to such absence.
On Duty Injury. An Employee who is absent from work because of a bona fide on duty injury will be paid the difference between his or her regular salary and the amount of his or her Workmen's Compensation payment for the same number of weeks to which he or she is entitled based on the above schedule. Salary continuation is not applicable for absences due to any injury attributable to employment elsewhere for which compensation is or has been provided under the Workmen's Compensation Act.
Death in the Immediate Family. Up to five (5) days. The immediate family includes: Parents, spouse, daughter, son, sister, brother, or another person who makes his/her household with the employee. Death of grandparents, mother or father-in-law, brother or sister-in law, three (3) days for the purpose of attending funeral.
Other Good Cause. Subject to approval of the Director of Engineering or the Director of Human Resources.
Parental Leave. For the purpose of the above salary continuation, the term "illness" shall include that time an individual is unable to work due to pregnancy. In addition, parents of newborn children and newly adopted children under three (3) years old will be granted up to five (5) working days, parental leave to be taken within one month after the birth or arrival of the child. In an emergency situation where the parent's emotional or physical health is in danger, an extension may be granted with the approval of the Director of Engineering, the General Manager and the Director of Human Resources.
Employees who need to care for a member of their immediate family (as defined above) on an emergency basis may use up to five (5) days of their salary continuation each year for that purpose.
Up to five (5) days per year of salary continuation may be used for personal business. Such time will be taken in either half day or full day increments. No more than two (2) personal days may be used consecutively to each other. No more than one (1) personal day
20 may be used consecutively to holidays or vacation unless additional days are approved by the supervisor.
9.4 After ten (10) continuous working days of absence due to any single illness or injury the employer may require a physical examination to be conducted by a physician selected and paid for by the Employer. Such a requirement may be implemented as a condition for receiving continued salary continuation, granting or continuing an unpaid leave of absence, or as a condition for permitting the employee to return to work and/or all of the above.
9.5 In addition to salary continuation:
(a) An employee called for Jury Duty may be excused from work and will receive the difference between normal base pay and Jury Duty pay. This amount will be ascertained by the Human Resources Office upon evidence of the employee's check from the court. The employee is required to report for work for all or part of any day he is not engaged in Jury Duty. Employees on Jury Duty will be considered to be working a day shift (9:00 A.M. call).
(b) An employee who is required to participate in two (2) weeks' annual training as part of a military reserve program will be paid the difference between his normal base pay and the pay he receives for reserve training; this amount to be ascertained by the Human Resources Office upon evidence of the employee's military pay voucher.
(c) Leave of Absence. Once an employee who has been continuously absent because of illness or injury has exhausted his /her salary continuation he/she may apply for a leave of absence for the remaining period of disability up to a maximum period of fifteen (15) months from the first day of the disability. Employees on leave of absence under this section are not considered to be on the active payroll and therefore do not accrue sick or vacation time and are not eligible for benefits except as specifically set forth in Article XII.
9.6 Leaves of Absence. Time off from work for any other purpose shall require written approval of the Director of Engineering or the Director of Human Resources, or their designees and shall be subject to any conditions set forth in said approval. Such time off, if granted, shall be considered leave-of-absence without pay.
9.7 For unpaid leaves-of-absence in excess of three (3) weeks, no time included in such leave shall accrue toward the employee's total length of service at WGBH, nor shall it accrue for any benefits (i.e., vacation, salary continuation, etc.). The length of time of the employee's extended unpaid leave shall be subtracted from the employee's length of service by adding an equivalent number of days to his Anniversary date.
9.8 Family and Medical Leaves
(a) Employees who meet the statutory eligibility requirement will be entitled to the benefits of the Family and Medical Leave Act (FMLA).
21 (b) Each eligible employee is entitled to take up to 12 weeks of FMLA leave per anniversary year but in no event shall an employee take a continuous leave of more than 12 weeks in a calendar year.
(c) Eligible employees shall be entitled to FMLA leave for the following purposes:
(1) Birth of a child or to care for a newborn;
(2) Placement of a child under the age of 18 for adoption or foster care;
(3) Care for Employee's spouse, domestic partner, child or parent with a serious health condition;
(4) Absences due to a serious health condition that make the Employee unable to perform the functions of his or her job, as defined in the Act.
(d) Any leave taken under other provisions of this Agreement, under circumstances which would qualify for leave under the FMLA, will be counted toward the twelve weeks of leave available under the FMLA, provided that reasonable notice has been given to the Employee. For purposes of this section, notice will be considered reasonable only if it is given: (a) in advance of the leave; or (b) during the leave, in circumstances where the Employer had insufficient information to determine whether the leave qualified under the FMLA at the time it began, or ; (c) within two business days after the employee's return to work in circumstances where the Employer did not learn the reason for the absence until the employee's return.
(e) An Employee's available and applicable paid leave (e.g., vacation, parental leave, salary continuation, in the case of an Employee's own incapacity) may be substituted for unpaid FMLA leave at the discretion of either the Employee or WGBH.
(f) Any violation of the FMLA shall be subject to the grievance and arbitration provisions of this Agreement.
ARTICLEX
VACATIONS
10.1 Vacations
Full-time employees accrue vacation time from their first day of employment, but are not eligible to use said vacation time while on probation or during the probationary period.
22 10.2 Vacation time is accrued at the following rate for each calendar day of employment:
Date of Hire through the Tenth Anniversary of Date of Hire:
0.43856lhrs/day (160 hrs)
From the Tenth Anniversary of Date of Hire through the Fifteenth Anniversary of Date of Hire:
0.4657543 hrs/day (170 hrs)
From the Fifteenth Anniversary of Date of Hire through the Twenty-fifth Anniversary of Date of Hire:
0.5753424 hrs/day (210 hrs)
From the Twenty-fifth Anniversary of Date of Hire:
0.6849315 hrs/day (250 hrs)
To illustrate the foregoing, Employee X is hired on January 1, 1970:
From 1/1/70 through 1/1/80, the accrual rate is
0.4383561 hours/day
On 1/1/80, the accrual rate then changes to
0.4657543 hours/day
From 1/1/80 through 1/1/85, the accrual rate is
0.4657543 hours/day
On 1/1/85, the accrual rate then changes to
0.5753424 hours/day
From 1/1/85 through 1/1/95, the accrual rate is
0.5753424 hours/day
On 1/1/95, the accrual rate then changes to
0.6849315 hours/day
10.3
23 (a) Vacation periods may be taken throughout the year as long as the needs of the Employer to continue operating effectively are met. Vacation time accrued as of June 1 in any calendar year must be taken by May 31 of the following year. If for any reason an employee is unable to take vacation time due him by May 31, the company will pay him or her for unused vacation time, accrued since the prior June 1 or held over pursuant to subsection (e) below.
(b) There shall be two (2) seniority selection periods in each calendar year, as follows:
1. The period of February 15 through and including March 15 shall be the seniority selection period for vacations selected to begin between June 1 and November 30 of that year.
2. The period of August 15 through and including September 15 shall be the seniority selection period for vacations selected to begin between December 1 of that year and May 31 of the following year.
3. Requests for vacations in any given period will not be accepted until the appropriate seniority selection period opens.
4. Vacations selected during the seniority periods will be acted upon (granted or disapproved) by April I for the February 15 to March 15 period, and by October 1 for the August 15 to September 15 period.
5. When vacation requests properly filed within the seniority selection period conflict so as to make it impossible for the employer to grant all of the requests, preference shall be given to senior employees in accordance with the provisions of Section 17 .1 of this Agreement.
6. A calendar of the applicable vacation weeks (June 1 to November 30 or December 1 to May 31) will be posted during the seniority selection periods. Employees will enter their names in their preferred weeks. Before the close of the seniority selection period each employee will have the option, in order of seniority, to change their selection.
(c) When the choice of vacation dates is made after the appropriate seniority selection period as defined above, and is made in writing and presented in person to the Associate Director of Engineering (or his designee) at least thirty (30) calendar days prior to the first requested vacation date, such vacation shall require approval in writing. Reasonable efforts will be made to notify the employee whether the request has been approved within seven (7) days of the receipt of the request.
In the event of conflict, the provisions of paragraph 5 of Subsection (b) above shall apply. The Employer is under no obligation to honor any vacation requests submitted with less than 60 days' notice.
24 (d) Once chosen and confirmed, whether pursuant to Subsection (b) or (c) above, the vacation shall not be changed except by mutual agreement between the Employer and the Employee.
(e) A maximum of forty (40) hours may be held over to the following year with written permission from the employee's supervisor.
10.4 Upon termination, accumulated vacation in the year is computed upon a pro rated basis. Accumulated vacation is allowed regardless of the reason for termination.
ARTICLE XI
HOLIDAYS
11.1 All employees shall receive seven (7) holidays with pay. These holidays are Labor Day, Thanksgiving Day, Christmas Day, New Years Day, Martin Luther King's Birthday, Independence Day and Veterans day (to be celebrated the day after Thanksgiving).
11.2 In addition to holiday pay, employees who work on a holiday shall receive time and one-half (1-l/2)their regular rate of pay for time worked unless the paid holiday is also the employee's scheduled day off, in which event, the employee shall receive double his regular hourly rate for time worked in addition to pay for the holiday. All work on a holiday in excess of the regular work day shall be paid at two and one half (2 1/2) times the regular rate of pay unless the paid holiday is also the employee's scheduled day off, in which event, the employee shall receive three (3) times his regular hourly rate for such excess hours. An additional premium of one half (1/2) the hourly rate of pay will apply to all hours worked in excess of twelve (12) on the holiday.
11.3 For the purpose of this Agreement, the provisions applicable to the above designated holidays shall apply to the calendar day (12:01 a.m. - 12:00 Midnight) on the day on which such holiday is observed by the station generally as set forth in the annual holiday notice from the Human Resources Department.
It is agreed that the annual holiday notice from the Human Resources Department referred to above shall be issued with respect to each calendar year on or before December 1, of the preceding calendar year.
Employees wishing to take religious or other holidays in exchange for those observed under this Agreement shall be permitted to do so by mutual agreement between the employee and the Employer, in which event, the substituted holiday, rather than the holiday specified in this Agreement, shall be treated as the holiday for all purposes of this Agreement.
If a holiday falls on an employee's scheduled day off and the employee is not otherwise compensated for the holiday, the employee shall be entitled to another day off in lieu of the holiday, such day called a compensatory or "comp" day. The employee may request to take said "comp" day by following the procedures as stated in Section 10.3(a).
25 ARTICLE XII
BENEFITS
12.1 Each employee with more than three (3) months of service will be covered by:
(a) A term life insurance policy in the face amount equal to the employee's annual base salary (reduced to sixty-five percent [65%] of salary when such employee reached age sixty-five [65]; fifty percent [50%] at age seventy [70], but not less than one thousand dollars [$1,000]).
(b) A long term disability policy paying 66 2/3 % of basic monthly earnings after disability of ninety (90) days, which disability occurs after one (1) month of employment to a maximum of three thousand dollars ($3,000) per month. The Employer will pay the difference between the benefit payment and the normal base salary during any period when the employee is eligible for both LTD payments and salary continuation.
(i) In order to assist full-time employees who are absent due to catastrophic illness or injuries (i.e. those which are reasonably expected to cause a continuous absence in excess of ninety [90] days), and who have exhausted their accrued sick and vacation time, the employer will allow such individuals to borrow additional paid sick time on the following basis:
0-1 years of service: no borrowing 1-2 years of service 40 hours 2-3 years of service 80 hours 3 + years of service 240 hours
Such borrowed sick time will be available only during periods when the employee is not otherwise eligible for compensation from any insurance plan provided by the employer. Borrowed sick time will not be available as a supplement to disability or Workers' Compensation benefits.
(ii) If it is determined by the long-term disability insurance carrier that the employee is in fact eligible for long-term disability, the employee will not have to reimburse the Employer for borrowed sick time. If the insurance carrier denies the employee's claim for long-term disability benefits, the employee must reimburse the Employer for any borrowed sick time. If the employee returns to work, the amount of sick time borrowed will be deducted from salary continuation which would otherwise be available in the next year. If the employee does not return to work the borrowed sick time will be deducted directly from any compensation owed the employee including salary payments, severance
26 pay, vacation, etc., or the Employer can collect this money through civil action.
(c) An Accidental Death and Dismemberment (AD&D) policy in the amount of ten thousand dollars ($10,000.00) to be in effect for twenty-four (24) hours per day.
(1) An additional ninety thousand dollars ($90,000.00) coverage under AD&D for commutation directly to and from work, while on the job, and at all times while away from WGBH on station business.
(2) The Employer shall provide special insurance coverage with equivalent benefits for employees working under certain conditions excluded from the standard Accidental Death and Dismemberment policy, including flights on aircraft other than a scheduled airline; or presence in any area where there is a war, declared or undeclared. Under certain conditions the Employer will have no knowledge of an employee's exposure to such uninsured conditions. It will therefore be the employee's responsibility to notify the Employer of the need for special insurance. The Employer will provide automatic special insurance coverage under the foregoing to the extent available and economically feasible.
12.2 The Employer will provide a group health insurance plan, including family and domestic partner coverage, as provided in WGBH policy, to which Full-time Staff employees and Part-time Staff employees who are regularly scheduled to work 20 or more hours per week may subscribe, subject to the following provisions:
(a) If the employee desires, he or she shall be enrolled on the date of hire provided an application for coverage is made within 30 days, and he or she will be enrolled at his or her own expense, as described in Paragraph 12.2(b). New employees will be notified of their health insurance benefit options.
(b) Employees will be required to contribute fifty percent (50%) of the health insurance premium for the first twenty-six (26) biweekly payroll periods of coverage. After that period the Employer will underwrite 100% of the cost of Blue Cross Blue Shield Master Medical (as long as the carrier makes it available to WGBH), and other offered coverage up to a maximum of three thousand five hundred dollars ($3,500.00) per year for individual coverage and seven thousand five hundred dollars ($7,500.00) per year for family coverage. The employee will be responsible for eighty percent (80 %) of any premium costs in excess of the applicable maximum.
For employees on Master Medical the eighty-twenty split will apply to all premium costs above the maximum. For employees on other plans, the eighty-
27 twenty split will apply to all premium costs above the applicable maximum, provided, however, that the employee's share of the total health insurance premium shall not exceed twenty-five percent (25 %) for coverage for the period from April 1, 2005 to March 31, 2006. The employees share may be increased to thirty-five percent (35 %) for coverage for the period from April 1, 2006 to March 31, 2007 and to forty percent (40 %) for coverage during plan years beginning on or after April 1, 2007, provided that in no event will the share paid by employees covered by this Agreement exceed the amount that non union employees of the Foundation are required to pay for equivalent coverage.
(i) The Employer and the Union will be available to meet each December to discuss suggested opportunities for control of medical care costs through the addition and/or substitution of alternative insurance arrangements, including, but not limited to, any insurance coverage which may be available through established jointly administered health and welfare funds which meet the requirements of Section 302(c) of the Labor Management Relations Act and all applicable Internal Revenue Service requirements.
( c) Any full-time employees who choose to retire from the Employer will be allowed to retain coverage under the Group Health Plan, including Medicare coverage where applicable, but at their own expense, provided that at the time of retirement they are sixty (60) years of age or older and have at least ten (10) years of full-time service with the Employer. Such coverage may be continued for a maximum of five (5) years from the date of retirement or until age seventy (70), whichever occurs first. In the case of full-time employees with more than twenty (20) years of service who are sixty years or older at the time of retirement WGBH will continue to pay its share of premium costs during the period of extended coverage for five (5) years or until age 70, whichever occurs first.
( d) Medical coverage will be extended to include full-time students in an accredited college to age twenty-five (25).
(e) Employees who have completed their six-month emollment requirements will be eligible for continued coverage, at the employer's expense, during any period they are receiving long-term disability insurance benefits or worker's compensation insurance benefits and are on a leave of absence pursuant to Article 9.5 (c). During this period the employer will pay for whatever plan the employee was on at the date of acceptance, i.e. HCHP Individual, BC/BS Family, etc. Such extended coverage will not exceed fifteen (15) months from the initial date of disability.
12.3
28 (a) The Employer will make available to all eligible Employees membership in a retirement plan. To be eligible for the plan the Employee must be twenty one (21) years old with two years' employment at WGBH. Employees who wish to participate in the retirement plan will contribute four percent (4 %) of straight time salary. The Employer will contribute double the Employee's contribution. Eligible Employees may contribute additional amounts, up to the legal maximum, to the Employer's supplemental tax-deferred retirement plan.
(b) The Employer will continue to make its share of pension contributions on behalf of Employees who are receiving monthly long-term disability benefits, provided the Employee was enrolled in the pension plan at the time the Employee became disabled. The amount of monthly contribution shall be the amount contributed for the Employee for the month preceding the beginning of disability.
12.4 Employees will be eligible to participate in the dental insurance plan offered to non-union WGBH Employees on the terms and conditions uniformly applied. WGBH will pay 75 % of the premium cost for individual or family coverage on behalf of each Employee who pays the remaining 25 %.
12.5 The Employer will furnish the Union, upon request, with a reasonable number of copies of the benefit plans covered by this article and any plan modifications which may occur during the term of this agreement. The Union is responsible for disseminating this information to its members.
ARTICLE XIII
MANAGEMENT RIGHTS
13.1 The sole and exclusive right to make all decisions regarding the management, operation and programming of the Employer's operations covered by this Agreement, including determination of the number of employees covered by this Agreement, the right to issue, and from time to time modify, reasonable work rules and regulations, shall be vested in the Employer, except as otherwise provided herein.
ARTICLE XIV
JURISDICTION
14.1 General.
(a) The jurisdiction of this Agreement shall include the production, post- production and/or transmission of audio, video programs or segments thereof produced by the Employer at its campus in the vicinity of Western Avenue, Allston, Massachusetts, and at any replacement campus, which term shall include its transmitter facilities (currently located in Needham and Milton, Massachusetts) for broadcast over the PBS System, cablecasting or home video
29 distribution and shall also include any such program materials produced by the Employer within the six (6) New England states (Connecticut, Rhode Island, Massachusetts, Maine, New Hampshire, and Vermont), except that nothing in this agreement shall create any jurisdiction over any centralcasting services provided by a separate employer providing programming for any station operated by WGBH.
Except as otherwise specified herein, in the performance of any such work, as above defined, within a fifty (50) mile radius of the Employer's facilities at Western Avenue, Allston, all members of the crew involved in such work shall be employees covered by this Agreement. Outside of said fifty (50) mile radius, but within the six (6) New England states as above defined, all of the key crew positions shall be filled by employees covered by this Agreement.
For the purposes of this Agreement, the key crew positions shall be deemed to be any of the following positions which are involved in the production:
Stage Manager, Switchers, Lighting Director, Camera Persons, Audio and Video Positions, VTR, and Maintenance.
It is agreed that any such program material which originates outside of the six (6) New England states as above-defined shall be deemed outside of the jurisdiction of this Agreement, except that, the Employer will notify the Local Union President of its plans to do so. If qualified bargaining unit members are available, and the Employer has available positions to be filled, the Employer will offer them the opportunity to bid for such work on such terms as may be acceptable to them. If the employer agrees to such terms, the work will be performed thereunder. If not, the Employer may have such work performed by such persons as it selects. It is agreed, however, that if an employee covered by this Agreement is assigned to work outside of the jurisdiction hereof, other than under such mutually agreeable conditions referred to above, all of the terms and conditions of the Agreement shall apply to such assignment.
(b) Leasing of Facilities. The Company may lease or rent any of its facilities with no requirements as to staffing by unit employees in operating positions. In all cases, however, those so using the facilities would be limited to bona fide independent contractors. The Company will notify the Union of the identity of the contractor. Such notification will, if possible, be given to the Union sufficiently prior to the commencement date of the project so as to permit the Union to determine that the lessee is a bona fide independent contractor. It is understood that work performed by bargaining unit members for the lessee will be voluntary and will be on such terms and conditions as mutually agreed upon between the employee and the lessee.
It is the intent of this provision that such leasing shall be supplemental to, and not in substitution for, WGBH production projects. Leasing pursuant to this provision shall not be
30 utilized to displace from full-time employment, as defined in Section 3.5 hereof, a regular full time employee in any classification, by causing a layoff of such an employee who is then actively working, by avoiding or deferring the recall of such an employee who is then on layoff subject to recall, or by avoiding the hiring of any regular full-time employee.
(c) Nothing in this agreement shall be construed to establish any jurisdiction over the development, creation, or post production of computer generated images, including animation, graphics, text, photographs and video images created without cameras, or audio used in conjunction with computer generated images, for use in interactive media materials. For purposes of this section, interactive media materials are defined as final products produced and organized to be viewed in a non-linear, non-sequential manner, with the sequence of the material viewed dependent upon and determined by interactive input from the user.
( d) NABET employees shall have jurisdiction over the digitizing of source materials that: (1) are limited to two inch, one inch, D-3, D-5 and Dbeta, or other formats introduced after the effective date of this Agreement as a substitute format for functions for which D-3 or one inch was the preferred format as of July, 1996; and (2) are output to videotape at WGBH at the same quality level as the source.
14.2 Co-Productions. In the event the performance of any work within Massachusetts involves co-production with any entity or entities, employees covered by this agreement will be used for not less than fifty percent ( 50 % ) of the total engineering hours. It is further agreed that the concept of a co-production of program material otherwise within the general jurisdiction of the Union under this agreement will not be utilized for the purpose of circumventing the terms and conditions of this agreement. The Employer will advise the Union as soon as reasonably possible after Production Services learns of plans for a co production under the provisions of this paragraph.
Co-productions outside the State of Massachusetts shall not be within the terms of this agreement. It is further agreed, however, in the case of co-productions outside the State of Massachusetts that the notification and voluntary bidding arrangements set forth in Section 14.l(A) above, shall apply.
14.3 Dramatic Productions. The jurisdictional provisions of this agreement will apply to dramatic productions, to the extent the work can be performed by unit members without conflict with the jurisdictional claims of any bargaining agent representing employees of the entity producing such production or the facility in which the same is produced. The Union recognizes and acknowledges that some of the conditions of this agreement may not be appropriate for dramatic productions and agrees that it will give reasonable consideration to requests for modified work rules for individual dramatic productions.
31 14.4 Notwithstanding the foregoing, the Employer may broadcast the following material through its 125 Western A venue facilities without such material having been originated by unit employees pursuant to 14.1 (a):
( a) File footage available as a result of a prior production produced by others;
(b) Needed program segments secured from outside sources when such segments are unavailable because of technical or operational difficulties;
( c) Segments used as inserts in news programs recorded by unit personnel from programs originated for the purpose of broadcast by others, or supplied by others where such recording is not feasible;
( d) Programs produced as part of a pool arrangement among television stations including the Employer;
( e) Programs furnished by, or acquired from any other network or station; or from any other organization which exercises control over the selection of people to perform work which otherwise would have been within the jurisdiction of this Agreement, provided that WGBH does not exercise any control over the other organization and that the program is not produced exclusively for the Employer.
(f) Syndicated programs.
(g) Segments (including commissioned segments) prepared by non unit personnel who are not employees of WGBH, without the use of WGBH facilities, for inclusion in Greater Boston provided that such segments shall not exceed six minutes for each half hour of the program. Commissioned segments of up to nine minutes per half-hour may be used in any studio based local productions that were not broadcast before 2001, and are not continuations of shows broadcast prior to 2001, and also in Basic Black and La Plaza, and any future continuations of those programs. The local union president will be made aware of the utilization of this clause. This provision will not be used in a way that causes a layoff of employees who normally perform ENG/EFP work. This provision may also apply to such segments which have been edited by WGBH employees using WGBH facilities, provided that the performance of the editing work does not violate any jurisdictional provision of this Agreement.
(h) Up to seven (7) hours of commissioned programs per fiscal year for local broadcast, prepared by non unit personnel who are not employees of WGBH, produced without the use of WGBH facilities or equipment. This subparagraph shall not be used to commission programs for any series that was broadcast during 1995 or for any new series (defined as six or more programs in one year) after the first year it is broadcast. The local union president will be made aware
32 of the utilization of this clause. This provision will not be used in a way that causes a lay off of employees who normally perform ENG/EFP work.
(i) Standups by WGBH contributors and any other single camera setups which are shot and uplinked by crews and facilities of other employers for use that day as cut-ins in studio based programming, provided the crews and facilities have not been arranged by WGBH for its own programming. Use of a second camera will be permitted provided that a NABET represented employee is assigned to the shoot.
14.5 Equipment. Employees covered by this Agreement shall have jurisdiction over the operation of electronic and/or electrical technical equipment owned or utilized by the Employer within the jurisdiction of this Agreement specified above with the following exceptions:
(a) The operation of videotape devices with formats less than one inch (1 ") by non-unit personnel for viewing and/ or off-line recording purposes. This exception does not extend to video tape devices used for broadcast purposes or the broadcast uses of new technology which replaces existing devices used for broadcast purposes.
(b) The operation of character generator or teletext keyboards (input and recall), including loading and unloading of discs, outside engineering work areas. Maintenance engineers shall be familiarized with the operational requirements of such equipment.
( c) The operation of prompting devices by non-unit personnel in situations where the manner of presentation requires specialized expertise in foreign, technical or artistic language not possessed by available unit members.
(d)
(i) The editing of videotape whether on or off-line and irrespective of content, except such on-line editing which involves the employee in frame synchronization, video fading,-time base correction, dissolving, and/or creating special effects. Non-unit employees will be permitted to edit videotape using machines capable of time base correction. The only adjustments to video levels permitted shall be the input video level adjustment on the record machine-:- In order to ensure that no time base corrector adjustments are made the time base corrector pull out drawer will remain closed. The foregoing restrictions on the use of time base correction by non-unit employees will not apply to the operations of the Greater Boston Beta Edit Suite. Nothing in this section shall be deemed to prohibit NABET-CWA employees from working on digital formats, provided such assignments do not conflict with any current grant of exclusive jurisdiction to another bargaining unit.
33 (ii) Audio mixing done in connection with the above-described editing without limitation on the number of audio sources, except that no more than four (4) audio sources may be mixed at any one (1) time. It is understood that each audio output of Beta-SP video tape will be considered a source.
(iii) Any and all off-line videotape editing.
(iv) The exceptions to NABET-CWA jurisdiction in subparagraphs (d)(i), (ii) and (iii) do not apply to editing on D-3, D-5 formats, Dbeta formats, or other new formats or devices introduced after the effective date of this agreement as a substitute format for functions for which D-3 or one inch tape was the preferred format as of July, 1996.
( e) Operating the still store equipment, except that NABET-CWA employees shall have jurisdiction over the operation of this equipment when it's operation is an integral part of switching during production and when it is used as part of post production of formats of one inch (1 ") or greater. Unit operators shall have the ability to override sequences and assemble sequences when necessary.
(f) Portable audio tape recorders, utilizing only one (1) microphone, may be operated by non-unit personnel for the purpose of gathering news materials or interviews; provided, however, that all dubbing and rerecording of tape shall be done by unit employees.
(g) Computerized devices used in conjunction with equipment which is outside NAB ET-CWA's jurisdiction.
(h) Lighting for basic illumination for nonproduction purposes not involving adjustment, relocation or refocusing of production lighting equipment.
(i) Operation of the Computer Graphics System (CGS), with the following limitations:
(1) The camera used in conjunction with this system be operated by an AEEF Graphic Artist(s).
(2) The Graphic Artist(s) may only operate external camera controls, with all covers in place.
(3) The camera shall be used to input still life graphic or photographic material only.
(4) The camera output may be connected to local monitor(s) and the CGS only.
34 (5) The technical content of video recorded by non-unit personnel shall be subject to evaluation by unit personnel as has been the existing practice.
(j) Operation of the INFINIT!, and any substitute piece of equipment limited to the same capabilities, except that unit employees shall have jurisdiction over the triggering of this equipment when its operation is an integral part of switching during production. Nothing in this paragraph shall preclude the possible assignment of NABET-CWA employees to other aspects of the INFINIT! 's operation.
(k) Non studio camera work by producers or subjects of the program in circumstances where management reasonably believes that the assignment of employees covered by this Agreement will adversely affect the intended editorial content of the program. The Director of Human Resources, Director of Production Services and a representative of the project will meet with the local union president and a union designee to discuss the applicability of this clause to specific productions. Any claim that the Employer's determination was not reasonable may be submitted to arbitration.
(1) Non unit employees represented by the Association of Employees of the Educational Foundation may utilize media composition systems, including all peripheral equipment electronically connected to such systems, for all types of editing work. This exception to N ABET-CW A's editing jurisdiction is conditioned on the maintenance of a corresponding exception agreed to by the AEEF, and will automatically expire in the event that the AEEF's agreement to shared jurisdiction over media composition systems is not renewed.
(m) Employees represented by the AEEF may:
(i) digitize material for input to media composition systems; and
(ii) digitize other material that is not covered by Article 14. l(d).
14.6 Maintenance, Installation and Repairs. In addition to the foregoing, the employees covered by this Agreement shall also have jurisdiction over the installation, maintenance and repair of electronic, and/or electrical technical equipment utilized by the Employer in its broadcast and production activities within the jurisdiction of this Agreement specified above, except that:
(a) Past practice shall continue to be followed in connection with the installation maintenance and repair of such equipment by the manufacturers or suppliers thereof, and in connection with the utilization of outside personnel in any situation where specialized knowledge, training or experience is required for such installation, maintenance or repair.
35 (b) Such outside personnel may also be utilized, as heretofore, for economic efficiencies and in situations where requirements in numbers or skills create short-term staffing needs in these areas.
(c) Implementation of the foregoing subparagraphs (a) and (b) shall not serve to eliminate the Employer's obligations to provide training for unit employees in the operation and maintenance of new equipment, as the case may require.
(d) Employees covered by the NABET-CWA-WGBH Agreement will have primary jurisdiction over the maintenance, set-up and installation of the computer hardware and software of all company owned AVID and like systems. This primary jurisdiction will not be interpreted to prohibit either the set-up of AVID computer hardware or peripheral equipment by management employees from Production Services when NABET-CWA represented employees are not readily available.
14.7 New Equipment. In the event that the Employer intends to introduce or permit to be used any process, machinery, equipment or device which significantly alters, modifies or supplants any present process, machinery, equipment or device being operated by employees as of the date of this Agreement, within the jurisdiction hereof as above defined, or any new equipment which will be subject to the oversight of Production Services, the Employer will notify the President of the local Union or his designee of such intent as soon as possible. Thereafter, the parties will bargain in good faith with respect to any claim advanced by the Union that such new machinery, equipment or device should be included within the jurisdiction covered by this Agreement.
14.8 Equipment or techniques which contain significant experimental components may be exempted from these jurisdiction requirements, until such time as they become operational.
14.9 Management Engineers.
(a) The Employer agrees that Management Engineers will not perform routine operation or maintenance duties. Nothing in this Agreement shall restrict or preclude Management Engineers from utilization of facilities or equipment of the Employer in the instruction of employees and in design of new or materially modified equipment, including the design, construction, debugging and testing of an initial acceptable prototype, off-line evaluation of equipment performance or evaluation of work performance of bargaining unit personnel, the design of computer hardware, and the design, installation, maintenance and repair of computer software.
(b) The Employer also agrees that Operations Management supervisors will not perform operation or maintenance duties, or utilize the facilities or equipment of the Employer, within the jurisdiction of this Agreement as
36 specified above, except in connection with the instruction of personnel, or the evaluation of work performance of personnel
( c) It is expressly understood that nothing in this Agreement is intended to preclude non-unit personnel, including members of management, or employees from performing operation or maintenance duties or utilizing the facilities or equipment of the Employer in the case of a bona fide emergency.
14.10 Adequate numbers of employees, will be assigned to do the job required, including relief, as necessary.
(a) On any production involving continuous taping or broadcast for more than two and a half (2 1/2) hours, relief adequate to attend to personal needs will be provided each employee during such period. It is understood that the foregoing does not suggest or imply any entitlement to any specified "break" period.
(b) An employee shall not be scheduled to perform more than one assignment at a time unless such assignment reasonably allows other additional duties. Furthermore, an employee shall not be scheduled to perform unreasonable workloads. The employee shall make every reasonable effort to notify his immediate Supervisor or in absence thereof, the Scheduling Office if he contends that such additional duties or workloads cannot be reasonably performed.
(c) Should a shift involve a remote operation utilizing more than five (5) employees, and for any reason a Unit Supervisor is not assigned as part of the crew, an employee will be assigned on the Engineering Schedule as Leader and shall receive a pay differential of fifteen percent ( 15 %) of the base rate of pay for the classification, less any above scale compensation to which he is already entitled. Such person, or the Unit Supervisor, shall be assigned in a non operating position. (For the purpose of this Section, Maintenance shall be considered non-operating on remote production.)
( d) If on remotes ( other than those involving EPP vehicles) involving five (5) or less employees a qualified employee is assigned as a Field Leader, such employee will receive a pay differential of fifteen per cent ( 15 %) of the base rate of pay for the classification, less any above scale compensation to which he is already entitled for the period of time he serves in said position.
( e) The normal operating crew for electronic field production I electronic news gathering (EPP/ENG) remotes (i.e. any single camera remote production) utilizing camcorder equipment shall be one (1) employee. Additional employees will be assigned when conditions require (e.g. when separate video and audio equipment must be utilized, lighting, grip, etc.).
37 (f) There will be at least two (2) employees assigned to television air operations except when it is operated on an unmanned basis or by one engineer working an overnight shift or by an employee covering the interval between the day and evening shift. Employees employed as of March 1, 1999 will not be involuntarily assigned to work an unaccompanied overnight air operations shift. NABET employees will continue to have jurisdiction over the maintenance and repair of broadcast equipment during periods when the operation is unmanned.
(g) Nothing in this agreement will be interpreted to require the assignment of engineers to attend specific pieces of equipment which have been designed or installed to allow for unmanned operation.
(h) Nothing in this agreement will be interpreted to require the assignment of more than one engineer to perform the function of shooting stills on a copy stand for broadcast. Additional employees will be assigned when conditions require.
14.11 WGBH-FM Studios and Control Rooms.
(a) The "combo" operators shall at no time operate any technical equipment housed within any FM control rooms.
(b) This "combo" operation may continue so long as there are at least three (3) engineers, who are Regular full-time Employees permanently assigned to the FM operation.
( c) Only simple air program materials will be handled by "combo" operators in FM Air Studios. At no time will mixing, except as performed in past practice, or elaborate production be performed by other than engineers. Combo operators will have the ability to independently control the level of a guest microphone as well as their own, and in the case of fund raising, to control a second guest microphone and an ambience microphone.
(d) No recording will at any time be done in FM Air Studios by "combo" operators with the exception of unmixed, monaural telephone feeds for news and public affairs programs, WGBH-FM "air-checks" and rebroadcast feeds of WGBH-TV, WGBX-TV and National Public Radio (NPR).
(e) Music and/or dramatic programs originated by WGBH for radio broadcast use shall be attended by a WGBH Engineer at the time of origination. Other types of programs may be fed to WGBH-FM or recorded for WGBH-FM by others. Programs of any type originated and/or taped by other stations (wired wireless, AM, FM) and/or by the Producer of the event may be accepted for broadcast by WGBH.
(f) Non-engineering personnel may operate portable recorders in connection with the Employer's radio operation utilizing only one microphone. The
38 microphone shall have no more than two channels and may not be used for dramatic or musical productions. In no event does this involve mixing. These recordings may be dubbed by non-unit personnel on machines outside engineering areas.
(g) In Radio Production, non-unit personnel may operate audio tape machines if requested to do so by an Engineer.
(h) Non-unit personnel may operate computer based digital audio production software and workstations, to accomplish edits as previously done through physical editing, excluding any signal processing or multi-track mixing. Non unit personnel will also be permitted to use such equipment to accomplish cross fades from one source to another utilizing no more than two sources at one time. For purposes of clarification, left/right stereo will be considered one source. This editing may continue so long as there are at least five (5) engineers, who are regular full-time employees, permanently assigned to the FM Operation.
(i) It is agreed that non-unit personnel may operate off-line audio equipment such as auditioning facilities for the purpose of auditioning.
(j) The operation of the satellite demodulators, the SOSS downlink computer, the router and downlink patch panel may be performed by non-unit personnel.
(k) To clarify the intent and purpose of the FM Edit Suite, the transfer or dubbing of stereo analog material intended for broadcast, should be conducted in a control room under the supervision of a member of the Engineering Staff. This includes transfers from LP and all analog formats, except transfers which are permitted under paragraph 14. ll(j). The radio edit suite may be operated by non-unit personnel.
14.12 Film for Broadcast Use.
(a) Employees may be assigned to film production operations not in conflict with any other applicable collective bargaining agreement.
(b) An Engineer shall be assigned for all post-production sound mixing of film programs.
14.13 Transmitters.
(a) No employees shall go behind disabled interlocks unless a second person, who is a qualified Engineer, whether or not a Unit employee, is present.
(b) The station shall provide at least five (5) days of non-perishable food at the transmitter to cover weather-bound situations. It shall be the responsibility of the transmitter Supervisor to advise the Employer of any replacement needo
39 ( c) In the event any access road or drive to transmission facilities owned or leased by the Employer are impassable, the Employer shall provide transportation to the transmitter site.
( d) The Employer will make every reasonable effort to see that all station memos, directives, announcements, etc., if distributed to employee bulletin boards at the WGBH Western Avenue buildings, shall also be sent to the Needham transmitter building, when such locations are regularly manned.
14.14
(a) It is in the best interest of the Foundation to make effective use of the skills possessed by NABET-CWA represented employees. Therefore, employees covered by this Agreement may be assigned to work outside the scope of this Agreement without creating any claim that such work is subject to exclusive NABET-CWA jurisdiction. The following are examples of the kinds of functions which may be assigned, subject to restrictions in other applicable bargaining agreements, to unit employees under this provision:
(1) Graphics work created on a computer, including SGI workstations, and used for broadcast purposes;
(2) Preparation of materials used for broadcast as a result of the operation of computers and other multiple use devices which are not utilized exclusively for broadcast origination;
(3) Data entry for traffic management systems; data entry of technical switching information and program material for V Sat; remote control data input for control of C-band and KU-band operation; electronic logo entry and editing;
( 4) Preparation of material for distribution through means other than broadcast, cable cast and home video, such as material intended for transmission through intercasting, over the Internet, or by CD ROM, provided that the material does not replace programming which was previously covered by the jurisdictional provisions of this Agreement.
(5) Performing testing, development, evaluation, quality control checks and computer software and hardware management;
(6) Creation of virtual scenery;
(7) Maintenance, installation and operation of captioning laboratory.
(8) Digitizing that falls within the scope of Article 14.5(m)
40 14.15 NABET employees will be responsible for maintenance and remedial services required for the interconnections to broadcast conduits (STS, STL, TSL) providing point to point contact between WGBH facilities, including, but not limited to, responsibility for contacts with third party vendors. Installation, maintenance and repair of telecommunications equipment and circuits will remain outside the jurisdiction of this Agreement.
14.16 Nothing in this Agreement shall restrict the right of the Foundation to use outside contractors to assist in the design, construction, equipment installation and/or relocation associated with the move to the new facility.
ARTICLE XV
REMOTE OPERATIONS, TRAVEL AND LIVING
15.1 The Employer will reimburse employees for all reasonable and appropriate business expenses including meals as set forth below. Expenses must be accompanied by a receipt.
15.2 On remote assignments, the Employer will provide meal allowance to employees in accordance with Attachment C hereto. The foregoing shall be applicable to the extent provided below:
(a) On overnight remotes, the Employer will provide meal allowances for meals following departure from the station.
(b) On non-overnight remotes and surveys, the Employer will reimburse the employee, according to Section 2 of said Attachment C, for the second and subsequent meals which may come due, providing the employee is still on remote or survey when a meal comes due.
(c) On all overnight remotes, the employees will be provided with information as to the location of nearby restaurants.
15.3 No one shall be required to take a day off on remote location until after completing a full normal straight-time schedule (i.e. forty [40] hours) after "departure" from the Employer's 125 Western Avenue facilities, except on payment by the Employer of a penalty equal to the employee's straight-time hourly rate for a normal scheduled work day. For purposes of this paragraph, the word 'departure' shall include any necessary equipment preparations, packing and other duties related to the assigned remote performed on the date of departure.
15.4 The Employer will provide, when available, the equivalent of AAA recommended, or better, accommodations for all overnight remotes or other authorized stays. Additionally, the Employer will provide single rooms for overnight accommodations when available.
41 15.5 While on remote and not on the clock, employees shall be considered free agents.
15.6 On all remote locations, the Employer shall pay for and provide the following:
(a) All required transportation to and from the work site.
(b) Cool, potable, drinking water will be available at the work site at all times and conveniently located for use by the employees.
(c) Well stocked first aid kits and emergency telephone numbers shall be available at the work site at all times.
15.7 Each employee away overnight shall be allowed one (1) three (3) minute telephone call to their home per day for personal reasons.
15.8 The work day on all non-overnight remotes begins and ends at the station, except as provided in Article 5.2(e)(6). When assigned to report directly to work at a local LICBC institution or Symphony Hall, the work day begins and ends at such institution. In the event an employee is assigned during his work day to report to Symphony Hall, or an LICBC institution, to a different LICBC institution, or back to the station, and is compensated by the Employer for mileage and adequate travel time, the employee's work day shall end at such subsequent place of work.
15.9 The work day on all overnight remotes begins and ends in the hotel lobby.
15.10 Production on the premises of the Employer's property at 125 Western Avenue shall not be considered a "remote" for any purpose of this agreement.
ARTICLE XVI
OPERATION OF PERSONAL AND EMPLOYER VEIDCLES
16.1 An employee if assigned to drive an Employer owned, rented or leased vehicle, other than regular passenger vehicles, shall be compensated therefor according to Attachment B, hereto.
16.2 It is agreed that the driving on a public highway of a tractor trailer mobile unit to be utilized by the Employer within the jurisdiction of this agreement as above specified will be within the exclusive jurisdiction of the bargaining unit. It is further agreed that any member of the bargaining unit, hired after the effective date of this Agreement with that understanding, who is able to do so may be required at the request of the Employer to become properly qualified and licensed to operate such equipment as required.
16.3 Relief drivers shall be provided as necessary.
16.4
42 (a) The Employer is solely responsible that Employer owned, rented or leased vehicles are maintained in a manner so as to assure they are safe for movement and operation.
(b) The Employer assumes full responsibility and liability for actions against an employee's driving license, including loss thereof, as a result of citations for operation of unsafe vehicles owned, rented or leased by the Employer
16.5 An employee may use his automobile for station business at the request of the Employer with the approval of his department head. However, the decision to use the automobile is at the discretion of the employee. Compensation for such use shall be in accordance with then effective policy of the Employer but not less than the IRS rate for mileage (minimum of$2.00 per day) plus one dollar and fifty cents ($1.50) additional for loads larger than that which will fit in the trunk of the car.
16.6 The Employer agrees that it will, during the term of this Agreement, maintain the insurance coverage for employees driving vehicles for business purposes under this Agreement against liability for bodily injury and property damage at levels no less than those in effect on the date of execution hereof.
16.7 No more than four (4) persons will be assigned to each standard size automobile including space for mobile unit drivers and riders.
16.8 Driving Employer vehicles on Western Avenue in Allston for vehicle maintenance and servicing purposes, does not constitute driving on a public roadway.
ARTICLE XVII
SENIORITY, LAYOFF, AND RECALL
17.1 Seniority of employees who have successfully completed their probationary period will be calculated from their original date of hire, absent any loss of seniority pursuant to the provisions of Section 17 .2.
17.2 Loss of Seniority. An employee's continuous service shall be broken, and his/her seniority lost, if the employee:
(a) Quits, resigns, retires or accepts a permanent transfer to an out of unit position.
(b) Is terminated by the Employer for just cause.
(c) Is laid off for more than one (1) year plus an additional week for each week in which the employee, during such layoff, performs any services for the Employer under the provisions of 3. 7 as a regular part-time, freelance or temporary employee within his primary job assignment, unless the layoff is one
43 by mutual agreement under Article XVIII hereof in which case recall rights shall be deemed forfeited.
(d) Is recalled within the period specified in (c) above from the time of layoff for regular full-time work as defined in 3.6 above, and fails to report for work within nineteen (19) days of notice of recall. An employee who intends to return must notify the company of his intention within seven (7) days of the Notice of Recall. Failure to respond within seven (7) days will result in loss of recall rights
(e) Is absent from work without authorization for a continuous period of five (5) working days.
(f) Is absent from work due to illness or injury for more than fifteen (15) months.
17.3 Layoffs. The Employer recognizes the principle of seniority preference with respect to layoffs. When reduction in force is necessary, the person with the least seniority shall be laid off first, provided, however, that the senior employees are sufficient in numbers, skills and ability to perform the remaining regular full-time work therein to the Employer's standards, which standards shall be (a) reasonable and (b) uniformly applied. Recall to employment shall be in the inverse order of layoff therefrom unless changed circumstances require a different order of recall under the principles set forth above.
17.4 Each employee is obligated to notify the Human Resources Department promptly in writing of any change of address or phone number. The Employer, in any case in which it is obligated, pursuant to any provision of this agreement, to communicate with an employee, may rely upon the last known address or telephone number of such employee as appearing on the Employer's records. Any notice required to be given to such employee will be deemed given on the third day after the date of mailing such notice. Notice will be mailed postage pre-paid, by registered or certified mail, return receipt requested, to the employee at such last known address.
ARTICLE XVIII
SEVERANCE PAY
18.1 Employees laid off from employment under this Agreement shall receive four (4) weeks' notice, or pay in lieu thereof, plus severance pay of one (1) weeks' straight time pay for each full year of continuous service at the time of layoff up to a maximum of twenty five (25) weeks.
18.2 Employees terminated because of misconduct or who quit or retire shall not be eligible for severance pay.
18.3 Pay in lieu of notice and/or severance pay will be paid in accordance with the employee's pay schedule and will terminate on recall to employment under this Agreement,
44 expiration of entitlement or loss of seniority. A person receiving severance pay hereunder who is recalled and subsequently laid off shall not be entitled to severance pay for years of seniority for which such pay had previously been received.
18.4 If a layoff is scheduled, a senior employee may, with the approval of the Employer, elect to accept the layoff in which case he shall be paid his severance pay under this article as a lump sum and shall forfeit his seniority and recall rights under this Agreement.
18.5 Employees whose seniority is terminated pursuant to Article 17.2 (t) will be eligible for severance pay under the same formula as set forth in Section 18 .1, but shall not be entitled to any notice or pay in lieu of notice.
ARTICLE XIX
DISCIPLINE
19.1 The right to discipline and discharge employees for just cause shall remain the prerogative of the Employer. The Employer will notify the Local Union of any discipline or discharge action as soon as possible but not later than two (2) working days after taking action. In the event of discipline involving time off without pay or discharge, if a solution between the parties is not reached within two (2) weeks from the date of the first notice to the Local Union, such dispute shall then be submitted directly to arbitration as set forth in Section 20.3. Other disciplinary action shall be subject to the grievance procedure set forth in Article XX.
19 .2 It is agreed that in the case of any disciplinary action resulting from an employee's inability or failure to perform his or her assigned functions in a manner consistent with the Employer's standards of quality, the Employer shall demonstrate its judgment to have been (a) reasonable, and (b) applied uniformly to all employees in the Bargaining Unit in similar situations.
ARTICLE XX
GRIEVANCE PROCEDURE
20.1 Purpose. The purpose of this Article is to establish the exclusive procedure for the settlement of grievances. A grievance is defined as a dispute between an employee or the Union, and the Employer, relating to the interpretation, application or violation of the provisions of this Agreement. The Employer and the Union acknowledge the right of any individual employee to present a grievance directly to the Employer and to have such grievance processed as specified below, without the assistance of the Union, provided that any settlement made is not inconsistent with the terms of this Agreement, and the Union is afforded the opportunity to be present. The Employer and the Union agree that grievances will be resolved in an orderly and expeditious manner. Copies of all grievances will be forwarded to the Local Union's President or the President's designee within two (2) calendar days after the grievance is filed.
45 If a grievance is once settled, or if it is submitted in violation of the procedures set forth below, or is the subject of a final arbitrator's award under 20.5 of this Article, it shall be considered closed and not thereafter subject to the grievance or arbitration procedures of this Agreement, nor shall the same question or issue be the subject of a grievance or arbitration under this Agreement more than once except on a showing of changed conditions or a party's election to use arbitration as an alternative to judicial relief for failure to abide by the settlement or award disposing of the issue.
Holidays, Saturdays and Sundays shall not be counted in computing time limits under this Article.
To be considered under the grievance and arbitration procedure, the grievance must be signed and presented in writing, citing the specific provisions of the Agreement alleged to have been violated, the incident allegedly constituting such violation, and the date of the alleged violation.
20.2 Grievance Procedure.
(a) Step 1. A grievance shall first be submitted to the appropriate supervisor or his designee with a copy to the Human Resources Director within fifteen (15) calendar days after knowledge, by employees involved in the incident, or, if none, by the Union, of the event or events forming the basis for the grievance. Within five (5) calendar days after such presentation, the grievance shall be considered by the appropriate supervisor and Director of Human Resources, or their designee, the aggrieved employee and the appropriate Union Steward. In case of first step discussion of grievances raised by the union where there are no identifiable employees involved, the union may be represented by the appropriate union steward and one other union official. The Employer shall give an answer within ten (lO)·calendar days after such consideration.
(b) Step 2. If the grievance is not settled satisfactorily on the basis of the written answer in Step 1, it shall, within five (5) calendar days after such written answer, be presented to the appropriate Director and the Human Resources Director or their respective designees, for further discussion. The Director and the Human Resources Director, or their respective designees, and a representative of the Union, along with the aggrieved employee and the appropriate steward shall meet within ten (10) calendar days after the grievance is submitted at this step to discuss the matter. The Employer will give an answer in writing within ten (10) calendar days after such meeting.
(c) Step 3. If the grievance is not settled satisfactorily on the basis of the written answer in Step 2, it shall, within 5 calendar days after such written answer, be presented to the appropriate Vice President, or his designee, with a copy to the Human Resources Director, for further discussions who, along with the aggrieved employee and the appropriate Steward, shall meet within ten (10)
46 calendar days after the grievance is submitted at this step to discuss the matter. The Employer will give an answer in writing within ten (10) calendar days after such meeting.
(d) It is the Employer's intention to meet and answer grievances within the time limits provided for above. However, if a meeting is not held, or if an answer is not provided at any Step within the time limits specified, the grievance shall be deemed denied on the 20th calendar day following the presentation of the grievance at that level and the grievance may be carried to the next Step of the procedure.
20.3 Submission of a grievance to Arbitration. If a grievance has not been settled after being fully processed through the grievance procedure set forth in 20.1 and 20.2 of this Article, or such procedures are waived, then either party, by written notice to the other within twenty (20) calendar days after the Employer's written Step 2 answer, may submit such grievance to arbitration. The details of the time and place of the arbitration hearing will be arranged, following consultation with the NABET-CW A International Representative, by the Human Resources Director who will be responsible for coordinating with the arbitrator.
20.4 Designation of Arbitrator. The parties are agreed that the following named persons shall serve as permanent arbitrators under this Agreement. Such persons will serve in rotation beginning with the date of execution of this Agreement; that is, the first matter referred to arbitration by either party will be referred to Roberta Golick; the second to Marcia Greenbaum, and so forth:
Roberta Golick Marcia Greenbaum Susan Brown Arnold Zack
If the designated arbitrator originally scheduled to hear the matter under the rotation provision set forth above is unable to schedule a hearing date within ninety (90) days of the date the matter is referred to him, the matter shall be referred to the next arbitrator in order of rotation. If none of the designated arbitrators are able to schedule a date to hear the matter within three (3) months from the date of the reference thereof to arbitration hereunder, either party may request the appointment of an arbitrator by the American Arbitration Association under its Voluntary Labor Arbitration Rules.
Any arbitration hereunder shall be conducted in accordance with the rules of the American Arbitration Association, specifically including the time limits for the delivery of the award. The parties shall share equally in the compensation and expenses of the arbitrator. Grievances which do not involve identical or related issues shall be separately processed in arbitration proceedings under this Article.
20.5 Governing Principles. The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no right
47 of arbitration to obtain, and no arbitrator shall have any authority or power to award or determine, any change in, modification or alteration of, addition to, or detraction from, any of the provisions of this Agreement.
The award of the arbitrator on any grievance submitted under the provisions of this Article and considered by him or her hereunder shall be final and binding upon the parties. If either party contends that the arbitrator has violated the foregoing provisions and governing principles, it may move or commence an action, as the case may be, to vacate the award in any court of competent jurisdiction which shall resolve that question, and only that question, according to the words used in this Agreement their customary meaning in general usage.
20.6 The arbitration hearing will be held at the premises of the employer, provided that space is available. If no space is available, the hearing will be held at the Doubletree Guest Suites Hotel and the parties will share the expense equally. In the event space is available and either party objects to conducting a hearing at the employer's premises, the hearing will be held at the Doubletree Guest Suites Hotel and the costs for the necessary accommodations will be paid by the party which objected to holding the hearing at the Employer's premises.
ARTICLEXXI
NO STRIKES - NO LOCKOUTS
21.1 No Strikes. The Union agrees that there will be no work actions, strikes (whether general, sympathetic or otherwise), picketing, boycotting, or any other interference with the Employer's operations during the life of this Agreement, by itself, its agents, members or employees covered by this Agreement.
21.2 No Lockouts. The Employer agrees not to conduct a lockout during the life of this Agreement.
21.3 Discipline. The Employer may impose any disciplinary action, including discharge, upon any or all of the employees involved in a violations of 21.1 of this Article, and may, in its discretion, apply different penalties to employees participating in such violation. The Union shall have no right to question the Employer's action under this provision except to question the factual issue of whether the disciplined employee was in fact a participant.
21.4 Struck Work. The Employer will not assign, transfer or require employees to go to any radio or television station, transmitter, studio or property to perform the duties of employees who are on strike.
ARTICLE XXII
SAFETY
22.1 The Employer agrees to continue to maintain such safety conditions as are necessary to protect and preserve the health and welfare of its employees. The Union agrees to
48 cooperate in the implementation and maintenance of safety rules and regulations. Accordingly, the Employer agrees to maintain a stationwide Safety Advisory Committee. Two (2) of the members of this committee will be employees covered by this Agreement. The committee will be chaired by the Director of Physical Plants and/ or the Human Resources Director. The purpose of the committee will be to make recommendations with respect to safety to the Employer.
ARTICLE XXIII
GENERAL PROVISIONS
23.1 Employer and Union agree that an obligation exists to train candidates with potential for success, and in particular, women and minority candidates; to become reliable career employees of the Employer. The Employer and the Union further agree to actively explore and consider a mutually agreeable training program for qualified candidates as soon as possible.
23.2 The Union and the Employer agree to abide by the recommendations of the all station Screen and Air Credits Committee.
23.3 No employee shall be required to furnish equipment or supplies. Any employee who negligently loses or damages any such equipment furnished by the Employer for his or her personal use (including foul weather gear) shall, however, be expected to replace the same, if such loss or damage is the result of failure to exercise ordinary due care.
23.4 The Local Union will keep the Employer currently informed as to the identity of local union officers and stewards. The Employer agrees to regular quarterly meetings with not more than three (3) union officials for the purpose of maintaining a harmonious mutual relationship. The parties agree that these meetings will be most effective if the Vice President and Chief Technology Officer and the Director of Human Resources are available to attend, and reasonable efforts will be made to schedule such meetings to allow the opportunity for their attendance. Such officials shall not lose any regular pay for attending such quarterly meetings. Additionally, local union officers shall not lose any regular pay for conferences held by appointment with the Employer during the employee's working time. (Overtime and penalties shall not result from such meetings.) In addition, the Employer will recognize a reasonable amount of time by the appropriate union official, normally the steward, in the disposition of the first step grievance as time worked, provided there is no interruption of the Employer's operations.
23.5 Subject to operating requirements, the Employer will grant not more than two (2) employees at any one time a leave of absence without pay to attend Union conferences and any other Union business. Advance notice of four (4) weeks shall be provided whenever possible.
23.6 A duly authorized representative of the International Union shall have reasonable access to enter the Employer's premises for purposes related to this Agreement.
49 The representative of the Union shall notify the Employer's Human Resources Director in advance of his arrival, including in such notification the time and initial purpose of the visit. While on the premises, the Union representative shall conduct himself so as not to interfere with operations.
23.7 The Employer will provide bulletin board space for notices relative to Union matters by NABET-CWA. No derogatory or inflammatory material will be posted.
23.8 It is understood that the employee is expected to dress appropriately for the work scheduled and the existing or expected weather conditions if such scheduled work is out of doors and/or on remote. Nevertheless, the Employer will furnish two (2) sets of raingear for each EPP unit. In addition, two (2) sets of raingear will be provided and kept in the maintenance shop for use of employees whose work assignment is changed and are thereby required to work in unexpected inclement weather.
23.9 It is agreed that the Employer may, at its sole option, publicize on any material produced by employees in the Bargaining Unit covered by this Agreement, or on the packaging containing the same, or otherwise, the fact that such material has been produced under this collective bargaining agreement and the Union agrees to supply the Employer, at its expense, with official Union labels for its use under this provision.
23.10 Successors. It is agreed that any entity, whether operating under a different name or form of corporate or other legal organization which does not reflect a change in the identity of the employer, will be considered a successor to the Employer and continue to be bound by all the terms and conditions of this Agreement.
(a) If the Company voluntarily sells, assigns, leases or otherwise transfers the control or operation of the station, the Company will require the transferee to assume this agreement and its obligations by specific provision in the Agreement of such transfer.
23.11 NABET-CWA employees who are on the clock will be given an opportunity to attend the annual all staff meeting to the extent allowed by the need to maintain operations and meet production schedules, provided that such attendance does not result in any meal infractions, penalties or premium pay. Employees who are released to attend the meeting must do so.
23.12 Employees may be required to pay for parking at Brighton Landing on the terms and conditions established by the Foundation. NABET will be permitted to have two representatives participate in the discussions to develop recommendations regarding parking.
ARTICLE XXIV
SCOPE OF AGREEMENT
24.1 This Agreement is a complete agreement between the parties covering wages, hours, and all other conditions of employment. The Employer agrees that it will negotiate with
50 the Union during the term of the Agreement concerning any matter involving the wages, hours and working conditions of the employees, which is not specifically provided for in this Agreement, and which is not the subject of any grievance, provided, however, that there shall be no change in this Agreement except by mutual consent of both parties.
24.2 It is understood that situations where employees on a given assignment voluntarily waive the applicability of a work rule by mutual agreement with the Employer do not constitute a change or modification of this Agreement. It is further agreed, however, that no such work rule waiver or informal grievance disposition shall constitute a precedent or be binding on the Union in any other situation.
ARTICLEXXV
SEPARABILITY AND SAVINGS PROVISION
25 .1 If any Article or Section of the Agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of it has been restrained, shall not be affected thereby. In the event that any Article or Section is held invalid, or enforcement of, or compliance with which has been restrained, as above set forth, the Employer and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section only during the period of invalidity or restraint.
ARTICLE XXVI
TERM OF AGREEMENT
26.1 This Agreement shall become effective on the date of execution hereof and shall continue in full force and effect until midnight (Boston time), February 28, 2008, and from year to year thereafter unless written notice shall be sent by either party to the other party not later than sixty (60) days prior to February 28, 2008, or the end of any such year thereafter, requesting amendments or changes.
WGBH EDUCATIONAL FOUNDATION NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES & TECHNICIANS-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
51 By:~:::::..:::'.:::::::::..:._..:__::_:__:_ ____ Paula M. Olson Vice President and Staff Representative Chief Technology Officer
.f) J . ' J 11 By~V~lCt4.fl~ By:~ Patricia Campbell Brad Hawes Chief Financial Officer Local President and Administration Manager
APPROVED:
International President
52 SUPPLEMENTAL LETTER March 2, 1984
National Association of Broadcast Employees and Technicians, AFL-CIO
Gentlemen:
This letter is to record our supplemental understandings relative to the collective bargaining agreement between us.
1. The Employer has notified the Union of its arrangements to undertake manning and supervision of coverage of proceedings of the legislature of the Commonwealth of Massachusetts and related proceedings. The parties are agreed that the coverage of such State Legislature and Related Proceedings shall fall under the Master Agreement with the following exceptions:
a. It shall be manned primarily by full time staff employees. The staff will consist of three engineers with additional personnel assigned as needed except that a crew of two (2) engineers may be assigned on days when State House broadcast is limited to three (3) hours or less.
b. The Employer agrees to provide parking facilities for the employees, without cost to them, to the extent needed.
c. Employees assigned to such coverage shall begin and end their day in the State House as in the case of an LICBC institution under 15.8 of the Agreement.
d. For purposes of coverage of meal periods, reliefs pursuant to section 14. lO(a) of the Agreement and maintenance and set-up procedures, Engineers shall cooperate with each other.
e. The employees assigned to such coverage shall be expected to work reasonable overtime required to provide such coverage without regard to the provisions 5.2 (g), (h) and (i) of the Agreement.
2. The Employer agrees that, if an engineer who desires to take a course for purposes of career/advancement notifies the Head of Operations of such plans sixty (60) days prior to registration for such course, all reasonable efforts will be made to schedule normal work assignments in such manner as to accommodate the class schedule involved. IEEE recommended home study courses shall be included under the tuition reimbursement plan of the Company, as it exists from time to time.
The Scheduling/Training Committee will continue to work on the question of improving the long-term predictability of future work assignments with the express understanding that
53 any such system must necessarily be on the basis of the parties' best projection based on data available to them when the projection is made, and in no sense constitutes a modification of the contractual scheduling provisions of Section 5. 2(e) of the Collective Bargaining Agreement. It is agreed that the initial areas of concern for the committee will be, within sixty (60) days after the date of execution hereof, Master Control, Air VTR, Maintenance, ENG and Buy-out.
Very truly yours,
WGBH EDUCATIONAL FOUNDATION
The foregoing understanding are hereby accepted and agreed to.
NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
54 SUPPLEMENT AL LETTER
September 15, 1999
National Association of Broadcast Employees and Technicians, AFL-CIO
Gentlemen,
This letter is to record our supplemental understandings relative to the collective bargaining agreement between us executed today.
(a) The Employer and the Union agree that in instances when regular part-time employees fail to report for work , due to illness/or any other reason, other regular part-time or freelance employees may be substituted for the absent employee even though such substitution would:
(1) cause such substitute /part-time employees to exceed the twenty five (25) hour per week maximum defined in Section 3.5 (b) of our Agreement; or
(2) result in the absent part-time employee not reaching the eight (8) hour minimum /defined in Section 3.5 (b) of our Agreement; or
(3) in the case of a substitute freelance employee, the performance of such work would not satisfy the eight (8) hour minimum requirement of Section 3.5 (d) of our Agreement.
(b) The Employer and the Union agree that, in addition to the severance entitlement provided in Section 18.1 of our Agreement, any unit employee with ten (10) or more years service who is laid off during the term of such agreement, and who loses his seniority and recall rights under Section 17.2 (c) thereof, will, at the time of such loss of seniority, or at any previous time mutually agreed upon the Employer and the employee (at which the employee forfeits seniority and recall rights), be paid an additional severance allowance, in a lump sum, equal to three-quarters (3/4) a week's straight time pay for each full year of continuous service at such time up to a maximum, of such additional severance allowance, of twenty (20) weeks.
In addition to the foregoing, an employee eligible for additional severance shall have the option of receiving such additional severance pay as a continuation of his contractual severance entitlement in the form of regular bi-weekly payments to the amount of his eligibility therefor, even though his seniority and recall rights have not terminated under the foregoing provisions. In the event an employee who exercises this option is recalled to work prior to the loss of his seniority and recall rights, he will be obligated to reimburse the Company for the amount of additional severance pay received by him pursuant to this
55 provision, through payroll deductions not to exceed twenty-five percent (25%) of a week's severance pay for each week's employment. Such reimbursed severance pay will be recredited to his entitlement for additional severance in the event of a subsequent layoff during the term of this Agreement.
(c) The Union agrees that shifts working Friday to Monday and Sunday to Wednesday in air operations are agreed not to constitute a violation of the agreement between the parties. No employee employed on or before March 1, 1999 will be involuntarily assigned to such a shift.
Very truly yours,
WGBH EDUCATIONAL FOUNDATION
The foregoing understanding are hereby accepted and agreed to.
NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS-COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
56 MEMORANDUM
1. It is agreed between the undersigned parties that employees represented by AEEF shall perform the editing of any and all 3/4" videotape, whether on or off-line, and irrespective of content, except that on-line editing which involves the employee in frame synchronization, videofading, time base correction, dissolving and/or creating special effects shall be performed by employees represented by NABET-CWA, except that the foregoing restrictions on the use of time based correction will not apply to the operations of the Greater Boston Beta Edit Suite.
2. Audio mixing may be done by AEEF represented employees in connection with 3/4" tape editing above described without limitation on the number of audio sources except that if more than two (2) sources are being mixed at any one time, such mixing shall be done by NABET-CWA represented employees.
3. The Company agrees with AEEF that any and all off-line editing shall be performed only by AEEF members.
4. The Company agrees with NABET-CWA that off-line editing shall be performed consistent with the terms of Section 14.5 of the then effective Agreement between NABET-CW A and WGBH Educational Foundation.
5. With respect to 3/4" videotape material to be edited on-line by NABET-CWA represented employees pursuant to Paragraph 1 above, it is agreed that, except in the case of archival material or material produced for sales/promotion purposes, the Employer will not air, or distribute for air or other consumption, any 3/4" videotape material edited off-line without prior on-line editing by NABET-CWA represented employees, unless such on-line editing has been rendered impracticable by reason of events, over which the Employer had and exercised no control, arising subsequent to the time such off-line editing was performed, in which latter event only, it is agreed that the airing of such off-line edited material shall not constitute a violation of either this memorandum or any then effective agreement between the Employer and NABET-CWA.
6. When NABET-CWA represented employees perform 3/4" videotape editing, they shall do so only at the direction of, and under the supervision of, a T. V. Director, Assistant Director or Post-Production Supervisor.
7. Paragraphs 1 and 2 of this Memorandum may only be changed by the mutual agreement of all parties hereto. paragraphs 3 and 6 shall be deemed to be amendments to the Company's Agreement with AEEF dated October 26, 1979.
8. This Memorandum shall take effect on the date the Company and NABET-CWA execute the collective bargaining agreement they are currently negotiating.
57 WGBH EDUCATIONAL FOUNDATION
By: By: Dated: ------Dated: i f i< / o<
NABET-CWA
58 ATTACHMENT A
MEAL ALLOWANCES
Section 1
At all locations within the continental United States on overnight remotes the following rates apply:
Breakfast $15.00 Lunch 15.00 Supper 25.00 Misc. 10.00 Total $65.00 per day
Section 2
On non-overnight remotes and surveys the Employer will reimburse the employee for reasonable meal expenses for the second and subsequent meals which become due, providing such requests for payment are accompanied by a proper receipt.
59 ATTACHMENT B DRIVING FEES
The employee, if assigned to drive a station-owned, rented or leased vehicle in one of the applicable categories, will be paid a driving fee by the Employer according to the following schedule:
CATEGORY III VEHICLES: over 18,000 lbs. (except passenger vehicles and vans, including EFP vehicles) two (2) driving units per day.
CATEGORY II VEHICLES: over 18,000 lbs. (except tandem trailer) four (4) driving units per day.
CATEGORY I VEIDCLES: Tandem trailer, six (6) driving units per day.
In the event an employee is assigned to drive more than one (1) station-owned, rented or leased vehicle in any given day, the driving unit fee for such day will be that of the highest category of vehicles involved.
The value of a driving unit is three dollars ($3.00).
No employee will be paid for more than six (6) driving units per week, except those employees who possess a valid Class II license and who are capable of driving such Class II vehicles may be paid up to twelve (12) driving units per week. Further, the employees who possess a valid Class I license and who are capable of driving such Class I vehicle may be paid up to eighteen (18) driving units per week.
Driving units will be credited only to assigned drivers, except under emergency conditions.
60 ATTACHMENT C
MEMORANDUM OF AGREEMENT BETWEEN WGBH EDUCATIONAL FOUNDATION' AND NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS-COMMUNICATIONS WORKERS OF AMERICA AND NABET-CWA LOCAL 18
WGBH Educational Foundation (the Company) and National Association of Broadcast Employees and Technicians-Communications Workers of America (NABET-CWA) and NAB ET-CWA Local 18 (collectively, the Union) hereby agree as follows:
I. The following agreement is a modification of any contrary obligations or practices that may arise under the Collective Bargaining Agreement. Any disputes relating to the interpretation, application or violation of this Agreement shall be subject to the grievance and arbitration provisions (currently Articles XX) of the collective bargaining agreement.
II. It is the desire of both the Company and the Union to perform post production work at the Company facilities. However, circumstances are such that it is not possible to perform all such work at the Company's facilities and the Company and the Union have agreed on the following principles which will apply to the performance of post-production work covered by Article 14.1 of the collective bargaining agreement at outside facilities (hereinafter referred to as post production work). 1
a. The Station has identified the following contractors which are willing to allow their equipment to be operated, in whole or in part, by one or more qualified NABET CWA represented employees of WGBH (hereinafter NAB ET-CWA employees) VIZ WIZ; Multi-Vision; and Arnold/Levin Associates. Producers will be encouraged to use those facilities and, to the extent they do so, will also be encouraged to use qualified NABET-CWA employees, if available, to perform the work, contingent on the outside contractor's acceptance of the individual members as sufficiently qualified to operate the equipment.
b. In the event that non-NABET-CWA employees are used to perform post production work the following procedures will apply (effective retroactively from January 1, 1985):
The parties agree that these provisions do not apply to the function of creating dubs on tape smaller than one inch, including the creation of such dubs from one inch or two inch masters.
61 (1) As long as post production work performed at the station is performed by two NABET-CW A employees, the Company will make a contribution to a pool in the amount of two (2) hours pay at level 10 of the Engineers wage scale for each hour of post production work performed without the involvement of NAB ET-CW A employees. Otherwise, the Company will make a contribution to a pool in the amount of the hourly rate for level 10 of the Engineer's wage scale per man hour for each man hour of post production work performed by employees of the outside concern.
(2) For each hour of post production work performed with the involvement of one (1) NABET-CWA employee, the Company will make a contribution to a pool in the amount of the hourly rate for level 6 of the engineers' wage scale for each hour of work performed by the NABET-CWA employee.
(3) If the total hours compensated under paragraphs 1 and 2 in any calendar year exceed five percent (5 %) of the total hours of work performed by NABET CWA employees during the preceding calendar year2 the payments for hours above that five percent (5%) level shall be at one and one-half (1-l/2)times the applicable wage rate.
c. The money contributed to the pool will be divided among regular full-time and regular part-time employees within the unit (not including employees employed under the provisions of Sideletter E) who are actively employed at the time of distribution, and who have been actively employed for at least three (3) months at that date. With each part-time employee receiving an amount equal to one half (1/2) of the share of full-time employees. The pool will consist of all credited amounts for covered work for which bills are received by the Company during the calendar year. The pool will be distributed within thirty (30) days of the close of the calendar year.
d. The Employer will furnish the Union with regular monthly reports setting forth the following information concerning work contracted out:
1. The project name and identifying number.
2. The date the work was done.
3. The name of the establishment to which the work was sent.
4. The reason for sending out (e.g., the name of a piece of equipment which was unavailable at WGBH).
2 For purposes of this agreement, the total hours of work for 1984, upon which the 1985 calculations will be based, shall be deemed to be 120,000. For future years, the total hours of work will be determined by multiplying the total number of regular full-time positions as of January 1 of the payment year times 44 hours per week times 52 weeks per year.
62 5. The hours of work performed.
6. The amount of money contributed to the pool.
III. The Company will not exercise its rights under this Agreement for the purpose of causing the layoff of regular full-time engineers or avoiding the recall of any such engineers who are on layoff subject to recall. During any month when any regular full-time engineers are on layoff the Company will be limited in the use of outside facilities for post production work without the use of NAB ET-CWA employees to no more than 1/ 12th of three percent (3 %) of the total hours of work for NABET-CW A employees during the preceding calendar
National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO
National Association of - Broadcast Employees and Technicians-Communications Workers of America, Local 18
63 ATTACHMENT D
Michael J. Enwright Human Resources Director WGBH Educational Foundation 125 Western A venue Boston, MA 02134
Dear Michael:
This letter will confirm our understandings reached between us during the course of our recent contract renewal negotiations.
It is well recognized that broadcast industry technology is advancing rapidly. Additionally, the number and variety of outlets for programming is expanding. Historically, changes of this nature which required adjustments in our contractual relationships were resolved in contract renewal negotiations, usually, every three (3) years. We both agree that such a timetable may not be sufficient in the future.
In addition, we both recognize the importance to both the Foundation and members of NABET-CWA of the ability to compete effectively for opportunities to produce projects which are intended for distribution through means other than broadcast over PBS Stations.
Accordingly, we hereby reaffirm that during the term of our new collective bargaining agreement, where opportunities arise for the Foundation to do projects to be produced for distribution by means other than PBS Stations, and for which the Foundation could not effectively compete under the terms and conditions of the collective bargaining agreement, NABET-CWA will be available to meet and in good faith seek an agreement between us on proposed modifications in the agreement which would permit the Foundation to effectively compete for the production work in any such project.
It is further understood that any work within the jurisdiction of this agreement will continue to be performed under the applicable terms and conditions unless the Union agrees to modifications.
If you agree that this is an accurate summary of our discussions on this matter, please sign and return one (1) copy of this letter for our files.
Sincerely,
Staff Representative NABET-CWA, AFL-CIO
64 SIDELETTER E
It is hereby agreed by and between WGBH Educational Foundation and NABET-CWA and NABET-CWA Local 18 as follows:
1. Changes in the television industry are such that the future of WGBH, and the security of WGBH employees, require that every reasonable effort be made to increase the number of programs WGBH produces and the number of channels it programs.
2. Many program opportunities for material to be cable cast, distributed by home video, or developed for educational markets (e.g., for use in the classroom or for teacher training) will be available to WGBH only if it is able to accomplish significant economics in production costs.
3. It is in the interest of WGBH, the Union and the employees represented by the Union to identify potential economies of operation in order to allow WGBH to produce programs for cablecasting, home video and educational markets using the services of employees covered by the Collective Bargaining Agreement.
4. Therefore, WGBH may hire temporary and free lance employees (who will be referred to as cable crew employees when they are working on the production of programs produced for distribution through cablecasting and/or home/educational markets) under the following special arrangements to work on programs produced by WGBH for cablecasting and/or home video and/or educational markets and any contrary provisions of the agreement will not be applicable to such work.
a. The minimum hourly rate for cable crew employees will be the hourly rate of Level 1 of the wage scale in Article 7.3(a) of the Collective Bargaining Agreement, plus an additional 6.5% in lieu of work rules;
b. There will be no minimum hours of work or days of work per week.
c. The work assignment procedures of Article 3.5(d) (iii) shall not apply;
d. Article 5. l(d) shall not be applicable;
e. The work day for the work on the cable crew will be a minimum of four (4) hours. In the event the work day extends beyond five (5) hours, employees will receive a paid meal period of not less than thirty (30) minutes and not more than one (1) hour. Additional paid meal periods of one half (1/2) to one (1) hour will be scheduled if work extends beyond the 11th, 16th, 21st, etc. hour;
f. Article 5.2(t) will not be applicable;
g. The restrictions on mandatory overtime and mandatory work in excess of the scheduled day shall not be applicable;
65 h. Article 6 shall not be applicable;
i. Overtime at the rate of time and one half (1-1/2) shall be paid only for work in excess of twelve (12) hours in a day or forty (40) hours in a week;
j. Participants in the events being recorded, who are not employed by WGBH, will be permitted to perform non-studio camera work;
k. Producers will be permitted to perform non-studio camera work, incidental to their regular duties, in situations where timing of the events being recorded cannot be determined in advance.
1. There will be no split shifts.
5. The special arrangements outlined above shall be applicable only to work performed on programs produced for distribution through cablecasting and/ or home video and/or educational markets. Any employee working on the cable crew who is assigned to any other work normally performed by employees represented by NABET CW A will be covered by all the terms and conditions of the collective bargaining agreement for the duration of the assignment to work other than cable crew work.
6. Any regular staff employee who is involuntarily assigned to work on the cable crew will continue to be covered by all the terms and conditions of the Collective Bargaining Agreement. Regular staff employees may, however, request assignment to cable crew work on the terms and conditions outlined in this Memorandum of Agreement.
7. Any employee who is on lay off with recall rights shall have the right of first refusal to cable crew work on the terms and conditions outlined in this agreement. Work on the cable crew will not affect the employee's eligibility to collect severance pay and will not count to extend the employee's seniority under the provisions of Article 17 .2(c) of the Collective Bargaining Agreement.
8. A step up will be paid for any program produced with the use of a cable crew which is subsequently used as a nationwide broadcast on the Public Broadcasting Service or broadcast on WGBH 2 or 44. The step up will be equal to the difference, if any, between the hourly pay of each individual who worked on the cable crew for the production and the top of scale rate for such work, multiplied by the number of hours that individual worked. Step up amounts will be credited to the post production pool for distribution pursuant to the terms of the post production agreement.
66 9. Nothing in this agreement shall be deemed to waive any jurisdiction specified in Article 14 unless specifically excepted herein.
National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO ~ National Association of Broadcast Employees and Technicians-Communications Workers of America, Local 18
67 SIDELETTER F
Mr. Frank Lane, President NABET-CWA Local 18 c/o WGBH Educational Foundation 125 Western A venue Boston, MA 02134
Dear Frank:
I am writing to confirm that we have agreed to an experimental shift selection process to be effective only for the duration of our 2005-2008 collective bargaining agreement, which will be made available to employees with twenty years or more of service as of March 1, 2005.
( 1) Each eligible employee will be assigned a primary job category for the succeeding six month period. WGBH will determine, in its discretion, what the primary job categories will be and which category each individual will be assigned to. The categories and assignments may be changed at the discretion of WGBH for any succeeding six-month period. The determination of primary job categories, and the assignment of individuals to specific job categories will not be subject to arbitration.
(2) Production Services Management will contact eligible employees who wish to participate, and give them a list of available fulltime shifts within their primary job categories. This list will identify the number of hours per day, the scheduled days off, and the starting window. The starting windows will be as follows:
Early morning- 5:00 a.m. to 8:00 a.m. Late morning- 8:01 a.m. to 12:00 noon Afternoon- 12:01 p.m. to 6:00 p.m. Night-- 6:01 p.m. to 4:59 a.m.
These schedules will be for the six month periods of October 1 to March 31 and April 1 to September 30.
(3) Eligible employees will be allowed, in order of seniority, to select the remaining available shifts, if any, within their primary job category.
(4) Employees may be assigned outside their selected shift in the following circumstances:
(a) when the employee agrees or when the employee requests and the Employer agrees;
(b) during Pledge periods;
(c) during Auction;
68 (d) if necessary to accommodate a client's request for the assignment of the individual; and
(e) for an additional twelve (12) days during any six month period.
(5) WGBH may cancel an established shift selection during the six month period in the event that:
(a) the production schedule for a series is changed;
(b) a series is discontinued; or
(c) a new series goes into production.
If a shift selection is canceled during the six month period, the affected eligible employees will be allowed to select any available new shifts for the remainder of the period.
National Association of Broadcast Employees and Technicians-Communications Workersa~e1~- of America, AFL-CIO National Association of Broadcast Employees and Technicians-Communications Workers of America, Local 18
69 SIDELETTER G
Dear Frank:
I am writing to record our supplemental understandings relative to the collective bargaining agreement between us.
1. WGBH has notified the Union of its desire to undertake the creation of DVD home video material, including chaptering, encoding and authoring of material for DVD home video distribution. The parties are agreed that the production of video content of DVD's for home video distribution by WGBH is within NABET's jurisdiction to the extent it is covered by Article 14 of the Agreement, with the following exceptions:
(a) Encoding, chaptering, and authoring material for DVD's are not within NABET' s jurisdiction.
(b) WGBH may produce up to four enhanced DVD's during the term of this Agreement for home distribution without the involvement of NABET bargaining unit employees.
(c) Work on any enhanced DVD's in excess of four shall be subject to shared jurisdiction on the following basis:
(1) Web Producers and Technologists may perform work on video segments originally produced for broadcast of adding fades, lifting, transferring and assembling in the original order in which it was assembled.
(2) Web Producers and Technologists may perform work on other video of lifting, transferring, cutting, adding fades, wipes, credits, ins and outs, adjusting clip length to deal with timing for bit budgeting and data synchronization, and layering composites, provided that NABET represented employees perform not less than thirty three per cent of the editing on additional material incorporated into the DVD, and no less than any percentage of work guaranteed to AEEF represented employees, whichever is greater.
70 2. Work performed by NABET employees which falls under the shared jurisdiction outlined in this Sideletter will not be counted against the 500 hours available under Article 14.14(b).
National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO
National/J.d~ Association of Broadcast Employees and Technicians-Communications Workers of America, Local 18
71 SIDELETTER H
Mr. Frank Lane
Dear Frank:
I am writing to outline the Agreement we have reached with respect to possible issues which may arise in connection with the operation of WCAI/WNAN:
1. NABET-CW A will have jurisdiction over the installation and maintenance of the studio and broadcast equipment at WCAI/WNAN
2. WGBH agrees that it shall recognize NABET-CW A as the exclusive bargaining representative of all full-time and part-time employees at WCAI/WNAN who work in positions which involve work predominantly of the nature regularly and customarily performed by employees covered by the WGBH/NABET-CW A Agreement, it shall negotiate for the terms and conditions of employment for the newly represented employees, which may be incorporated into the parties' collective bargaining agreement or any successor agreement if both parties so agree, or otherwise set forth in a separate agreement.
3. Except for work covered by Paragraph 1, for the term of this Agreement, NABET-CW A will not seek to represent any employees employed by WCAI/WNAN by means of an NLRB petition for unit clarification and will not make any claim, through grievance, arbitration, or otherwise, that the existing collective bargaining agreement applies to the operations of WCAI/WNAN or that those operations violate any provision of the existing collective bargaining agreement, except as provided herein.
4. WGBH will not transfer any work currently being done by employees represented by NABET-CWA to employees, volunteers, or managers at WCAI/WNAN.
5. No radio production currently produced by or for WGBH Radio will be subcontracted to WCAI/WNAN, Cape and the Islands Public Radio ("CICPR"), or Atlantic Public Radio.
6. Any coproduction between WGBH and CICPR or Atlantic Public Media will be subject to the provisions of Article 14 .2 of the collective bargaining agreement.
7. During the term of this Agreement WGBH may broadcast each year, over 89.7 FM, up to 104 hours of programs produced by WCAI/WNAN without the use of employees represented by NABET-CW A, provided that such programs have been made available for general distribution and that such broadcast and/or operations
72 of WCAI/WNAN do not cause the layoff, reduce the hours, or reduce the number of Radio employees represented by NABET-CW A.
8. Nothing in the Agreement is intended to prevent WGBH from acquiring programs produced by CICPR or Atlantic Public Media, provided that no advance funding was provided by WGBH or WCAI/WNAN for the program.
9. Work subject to the jurisdiction of the NAB ET-CWA Agreement performed at or by WGBH for WCAI/WNAN shall be performed under the terms of the collective bargaining agreement.
10. Any disputes regarding the meaning or application of this Agreement and/or the unit placement of WCAI/WNAN employees will be resolved under the grievance arbitration procedures in Article 20 of the collective bargaining agreement. In the event of a grievance or arbitration, either party may rely upon the provisions of the collective bargaining agreement to interpret the meaning or application of this Agreement.
11. This Agreement shall have the same duration as the parties' collective bargaining agreement.
BHEduc cma1Fouion National Association of ~~~ Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO .& ~/~~- National Association of Broadcast Employees and Technicians-Communications Workers of America, Local 18
73 SIDELETTER I
The parties recognize that many of the work rules in the collective bargaining agreement were negotiated when the majority of work for NABET represented employees involved the production and post-production of audio and video, and traditional maintenance responsibilities, and are not compatible with other types of work which NABET employees may be assigned from time to time. Therefore, the parties agree that the following provisions will not be applicable during assignments to work covered by Article 14.14: 5.l(c); 5.2(f)(l); 5.2(f)(2); 6.l(a); 6.2(b); 6.2(c); 6.2(e); 8.2; and 8.3.
National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO
Dated:
National Association of Broadcast Employees and Technicians-Communications Workers of America, Local 18
Dated:
74 END OF CONTRACT
285958.5
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