Article 1: Recognition
This Agreement dated October 1, 2002 is between McGRAW-HILL BROADCASTING COMPANY, INC., a New York Corporation, located at 4600 Air Way, San Diego, California 92102 (hereinafter called the Company), or its successor, for and on behalf of Television Station KGTV (hereinafter called the Station), and the NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS, THE BROADCASTING AND CABLE TELEVISION WORKERS OF THE COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO (hereinafter called NABET-CWA), or its successor, the exclusive bargaining agent for employees covered under this Agreement.
1.1
The term “Employee” as used in this Agreement applies to all Employees of the Company employed in the positions set forth in Section 9.2 of this Agreement, excluding all Supervisors as defined in the National Labor Relations Act, and office and clerical personnel.
1.2
NABET-CWA represents and warrants, and it is the essence hereof that it represents for collective bargaining purposes, a majority of the Employees of the Company as defined above. The Company recognizes that NABET-CWA is the exclusive bargaining agency for all such Employees, and agrees that it will bargain exclusively with NABET-CWA for such Employees, subject to the provisions of Section 9(a) of the National Labor Relations Act, as amended.
1.3
The Company agrees that it will not discriminate against Employees because of their membership in NABET-CWA, or because of their Union activities in or on behalf of NABET-CWA provided, however, that such activities shall not be in violation of the terms of this Agreement, shall not be conducted by an Employee while on duty, except activities performed by the designated NABET-CWA officials or the representatives on the Joint Conference Committee.
1.3.1
The Company will not change the regularly scheduled shift of any shop steward without the prior approval of the Union. The Union agrees to furnish a list of the officers and shop stewards to the Company upon request.
1.4
Management Rights: NABET-CWA recognizes the exclusive right and responsibility of the Company to direct the working force and to direct the operations of the Company. The Company’s rights shall include those necessary to maintain order and efficiently manage the Company, and to discharge, suspend, or discipline Employees for just cause and to establish working rules and to control station operations, provided, however, that the exercise of such rights does not violate the terms and provisions of this Agreement.
1.5
The Company and NABET-CWA recognize the need for continued improvement of skills by Employees to meet technical advances in the industry. Each Employee will make every attempt to improve his technical and/or operational skills. The Company will assist in these efforts by providing on-the-job training and/or formal classes sponsored by the Company or by enrollment in school courses. NABET-CWA will actively encourage Employees to improve their skills.