Article 5: Seniority, Layoff, Rehires and Sick Leave
5.1
Seniority: The seniority of each Employee shall be determined on the basis of length of service with the Company, except that seniority shall be broken and cancelled if an Employee (1) voluntarily terminates his employment, (2) is discharged for cause, (3) is laid off and not recalled for twenty-four (24) months, or (4) fails to return to work after recall, as provided in Section 5.4 of this Article.
5.1.1
In all instances where prescribed wage increases based upon length of service are specified in this Agreement, length of service shall be computed from the Employee’s hiring date anniversary.
5.1.2
The Company will at least once annually post and furnish to the Union a seniority list showing each Employee’s seniority, and will correct it from time to time as may be necessary. The list so provided will conclusively establish an Employee’s seniority unless it is protested within thirty days thereafter.
5.1.3
Currently employed regular and temporary part-time Employees will be considered for vacation relief employment before outside hiring is undertaken by the Company. A vacation relief or part-time Employee who is employed on a regular basis shall receive full credit for time worked for the Company in the department concerned for pay, benefits, and probationary credit, and his seniority date for lay-off and recall shall be computed from his last date of hire.
5.2
Each Employee covered by this Agreement who has been employed by the Company for more than one (1) year and who wishes to resign his position shall give the Company at least two (2) weeks’ advance notice in writing of such intention; and each Employee who has been employed by the Company for less than one (1) year and who wishes to resign his position shall give the Company at least one (1) week’s advance notice in writing of such intention. The Company may accept less notice if it so desires.
5.3
Discharges: The Company shall have the right to discharge an Employee for cause, and upon request of NABET-CWA shall state in writing to NABET-CWA the reason for such discharge. If NABET-CWA believes such discharge to be unjustified, the discharge will be handled as a grievance under Article 7.
5.3.1
In the event of discharge for cause, it is agreed that the Employee concerned loses all rights and privileges insofar as severance pay is concerned; provided, however, that such Employee shall be given one (1) week’s notice or one (1) week’s pay at his regular hourly rate in lieu thereof if employed over six (6) months but less than one (1) year, and two (2) weeks’ notice or two (2) weeks’ pay at his regular hourly rate in lieu thereof if employed over one (1) year. This notice provision shall not apply in the case of discharge for gross misconduct.
5.4
Reduction of Staff: Should it become necessary at any time, on account of reduction in staff, for the Company to lay off any Employee, the Company shall give such Employee notice in writing at least six (6) weeks in advance, and on the effective date of their layoff grant a service letter. In addition, severance pay shall be given on the following basis:
Duration of Service |
Severance Pay |
Less than 1 year |
2 weeks |
1 year, but less than 2 years |
4 weeks |
2 years, or more |
2 weeks pay for each full year of service through 13 years, and 1 week pay for each year thereafter. |
5.4.1
If, however, a vacancy should later occur in the staff within twenty-four (24) months from the start of his layoff, he shall be offered the opportunity of filling such vacancy, providing he can qualify for the open position. Qualifications shall be based on skills, abilities, experience and the level of training required. Time spent as a part-time or vacation relief Employee by an Employee who is offered and accepts that position in lieu of layoff shall not be counted in computing the recall period. Time spent in such positions, however, shall count toward seniority on a pro-rata basis.
5.4.2
Written notice of recall shall be sent to such Employee certified mail, return receipt requested at his last known address, and he shall report his availability within seven (7) days from the date such notice is sent. A copy of the notice shall be sent to NABET-CWA.
5.4.3
Layoffs on account of reduction of staff shall be made in inverse order of seniority within the staff.
5.5
Reduction of Staff Through Automation: Should a reduction of the work force be necessary due to automation, it is agreed that the Company will give notice or pay in lieu thereof as follows:
Less than 2 months’ notice |
20 weeks’ pay |
2 months but no more than 3 months |
16 weeks’ pay |
3 months but no more than 4 months |
12 weeks’ pay |
4 months but no more than 5 months |
8 weeks’ pay |
5 months but no more than 6 months |
4 weeks’ pay |
Over 6 months notice |
No pay |
If the Employee does not leave the employ of the Company before the date of layoff set forth in the notice, the Employee will be eligible for any earned severance pay as enumerated in Section 5.4.
5.6
Military Service-Leave of Absence: In granting reemployment rights to returning veterans, the Company shall comply with all provisions of statutes and governmental regulations applicable thereto. For example said statutes provide that the Company will credit any Employee re-employed with the time spent in service for the purpose of seniority provisions and salary.
5.6.1
The Company and NABET-CWA recognize and support affiliation by Employees with Reserve or National Guard components of the Armed Forces of the United States.
5.7
Any Employee may be granted leave of absence for good cause without loss of seniority and other privileges, in effect at time of leave of absence, provided such leave of absence shall be approved by the Company.
5.8
Sick Leave: The Company shall provide regular Employees with up to fifteen (15) paid sick days per year, to be used only for bona fide illness or disability. The Company reserves the right to discipline Employees for excessive absenteeism.
5.8.1
An Employee shall receive eight (8) hours’ pay at his regular straight time rate while on sick leave, provided such days are not the Employee’s regularly scheduled days off. A part-time Employee will be granted sick leave on a pro rata basis dependent upon his or her regular work schedule.
5.8.2
Any unused sick leave credits for preceding calendar years shall be carried over to succeeding years and shall be allowed to accumulate at the rate of fifteen (15) working days per year to a maximum of one hundred thirty (130) days.
5.8.3
The Company shall keep the Employee’s position available at least twenty-six (26) weeks, or until the Employee receives the last sick leave payment from the Company, whichever is greater.
5.8.4
If any Employee shall absent himself because of illness or disability for periods aggregating more than his accumulated sick leave credits in any calendar year, it shall be deemed the right of the Company to determine whether the Employee shall receive pay for further sick leave taken in that calendar year.
5.8.5
The Company may request an Employee to validate use of sick leave by requesting a written doctor’s certificate after an absence of more than two days.
5.8.6
In the event a bona fide illness or disability shall hospitalize an Employee during his vacation, the Employee, upon notification to the Company, shall be placed on sick leave. The unused portion of his vacation shall be rescheduled to another time period mutually agreeable to the Employee and the Company. A doctor’s certificate shall be supplied by the Employee attesting the fact that the Employee was hospitalized.
5.8.7
Regular Employees may use up to eight (8) sick leave days per calendar year to care for an ill family member, such as a child, parent or spouse.
Adoptive parents and biological fathers may use five (5) days toward paid time off following the birth or adoption of a child.
5.9
Compassionate Leave: Up to three (3) days, if necessary, shall be allowed an Employee upon notification to the Company in the event a serious illness or a death occurs in the immediate family of the Employee.
Leave of one (1) day shall be allowed an Employee in the event of the birth of a child of the Employee.
5.9.1
The immediate family shall consist of the Employee’s spouse, his children, his parents, his brothers and sisters, his spouse’s mother or father, foster parents, foster children, stepbrother, stepsister.
5.10
Jury Duty: The Company will grant jury leave to regular employees in accordance with the McGraw-Hill Broadcasting Company policy. If the Employee is assigned to a trial, the Company will make a good faith effort to schedule the Employee on a Monday through Friday day shift. Hours paid for Jury Duty shall not be considered time worked for the purposes of calculating overtime and/or penalties.
5.11
Employees shall receive all benefits given to McGraw-Hill Broadcasting employees, at the levels provided to the McGraw-Hill Broadcasting employees, unless otherwise provided for in this Agreement.
NABET-CWA will be notified of any changes in such McGraw-Hill Broadcasting benefits.
The Company shall provide a benefits handbook to the Employees.
