Article 9: Jurisdiction and Pay Rates
9.1
NABET-CWA jurisdiction shall include all work in connection with the operation, installation, setting up and/or striking the installation, maintenance, repair, construction and assembly of all electrical equipment used in connection with television broadcast, re-broadcast or transference, television recording and/or re-recording, facsimile; any apparatus by means of which electricity is applied in the transmission or transference of voice, sound or vision; the design, creation, production and assembly, maintenance and handling of all graphics (including print), sets and props; cueing and prompting talent. Outside contract installation and maintenance is permitted on a spot job basis.
Any work falling under the jurisdiction defined by this Agreement in connection with any additional visual, aural, or other electronic communication services owned or operated by the Company within a 250-mile radius of the Station shall be performed exclusively by NABET-CWA personnel. Such services shall include, but not be limited to broadcast television, radio and cable services.
9.1.1
The Director of Operations & Engineering and Chief Engineer may make recordings of regularly scheduled programs in case of emergency; assist NABET-CWA personnel in installing new equipment; check adjustments done by others on equipment; do emergency repair on equipment; train and instruct Employees in the performance of routine maintenance; and, on occasion, make checks and adjustments necessary to assure compliance with FCC Standards and Regulations. No Director of Operations & Engineering or Chief Engineer shall perform work covered by this Agreement by standing a regular shift or so as to reduce the number of Employees needed for its execution. It is further agreed that in the event an Employee becomes sick on the job, leaves as a result of personal emergency, or is late reporting to work, the Director of Operations & Engineering or Chief Engineer may perform duties assigned to the affected employee until he or she arrives for work or another Employee can be called in or assigned to cover such Employee’s absence.
9.1.2
Skilled specialists may work on sets and staging under NABET-CWA supervision on a spot job basis.
9.1.3
NABET-CWA Employees shall not be required to perform janitorial services in the studios not directly related to the production of a program. The set-up and removal of KGTV owned tables and chairs in the studio areas is not janitorial services.
9.1.4
The Company is permitted to employ outside contract work on a spot job basis in connection with Company graphics, provided that Company equipment is not used.
9.1.5
Non-NABET-CWA personnel may use Company print equipment for non-air sales, marketing and internal McGraw-Hill presentations.
9.1.6
Producers, Directors or station employees assigned to those tasks, may handle props and cue talent on one-camera remotes.
9.1.7
News photographers or other news employees assigned to that job may operate, for newscasts and news specials of a non-studio nature, ENG cameras and allied audio gear assigned to the news department. The above equipment may be used the same as film was used, such as covering news stories, shooting visuals, teases and reporters’ wrap-arounds, but not including studio-type camera work.
9.1.8
News photographers, editors or other news employees assigned to those jobs may operate, for newscasts, news specials and off-air news-type presentations, VCR or disk-based non-linear equipment assigned to the news department. The above equipment may be used to preview, record, delete, edit and/or dub audio/video, and to perform wipe and dissolve transitions.
This includes any material shot by news personnel on VCR or disk, reporter tracks, airchecks, material provided on VCR or disk by stringers or other organizations and pre-produced material provided by NABET-CWA personnel. Incoming ENG feeds on microwave or satellite may be recorded on VCR.
9.1.9
News photographers and other assigned news personnel may set up and operate ENG mini-microwave equipment in the field necessary for LIVE broadcasts or for relay to the station for taping.
News photographers may set up and operate “shoebox” microwave equipment in situations where the story would be jeopardized by waiting for a NABET-CWA technician to arrive on the scene.
The pilot may operate Sky 10 microwave equipment where an uplink is not involved.
News employees may operate Sky 10 camera and recording equipment and switch between the gyro and lipstick cameras for 50% of the monthly usage. Switching between cameras by non-unit members in Sky 10 will not be viewed as precedent setting for switching performed outside of Sky 10.
9.1.10
Producers and directors may give program information, instructions and cues (from time to time during a broadcast) over IFB. News personnel may give cues (from time to time during a broadcast), program information or instructions from studio or on scene for live ENG broadcasts or for ENG recording.
9.1.11
Non-station personnel may use KGTV ENG equipment assigned to the news department from time to time to prepare news stories. This shall not apply to free-lance or interns.
9.1.12
LIVE or recorded ENG news material, including portions used on the air and outs, may be used in other programs on KGTV or made available to networks or other TV stations.
9.1.13
Creative Services and Operations Department personnel may use equipment in designated edit bays or viewing areas to screen and/or time material.
9.1.14
Producers, writers, reporters and assignment desk and on-air personnel may input data to character generators through other computer devices, such as NewStar.
9.1.15
News photographers, editors, or other news employees assigned to those jobs, may for newscasts, news specials and off-air news-type presentations, dub music from records, compact discs or audio tape using equipment assigned to the news department.
9.1.16
Weather talent may recall graphic material on a dedicated weather graphics computer for the weather segment of the program on which they are appearing.
9.1.17
“Studio Nature” refers to the current NABET-CWA operation of studio cameras in the KGTV building and includes operation of ENG cameras for studio-type shots within newscasts. It also refers to remotes where a newscast or news special originates from the field and involves studio-type operation of cameras. In such cases, NABET-CWA personnel would shoot the studio-type shots of such a remote and news department personnel would operate cameras for all other purposes. The Union and the Company agree:
Single camera news broadcasts originating from the scene of a breaking story are not of a studio nature.
Except for news bureaus, in most cases a sign constitutes a set which makes the shoot one of a studio nature.
In the field, a single camera and one or two chairs with no set elements does not constitute studio nature.
In the field, the use of two or more cameras and/or the introduction of set elements constitutes studio nature.
In the field, the use of two or more cameras shooting different subjects, with no set elements, does not constitute studio nature.
When an over-the-shoulder graphic is used on a news remote, the signal will be electronically altered in the studio control room to insert the graphic.
9.1.18
Traffic and Creative Services Department employees, the Director of Operations & Engineering, News Department Producers and Operations Department Directors may send a playlist to an audio/video file server and make any required revisions to the playlist. NABET-CWA personnel will confirm all changes, manage and update all playlists and maintain programming and playback control over all file servers and allied gear. Non-NABET-CWA employees may view commercials or program content residing in the audio/video file servers on their individual workstations.
9.1.19
World Wide Web: Unit Jurisdiction shall include all work in connection with the design, creation, page layout and transmission of text, graphics and audio/video.
Creation of page layouts may be subcontracted on a spot job basis.
Up to three (3) Internet Broadcasting Systems (IBS) employees may use IBS provided equipment to place text/audio/video on the KGTV website. IBS employees shall not supplant the 40 hours of work per week currently being performed by NABET-CWA Employees. The Company also agrees to schedule an additional 72 hours per quarter year for NABET-CWA employees to work and/or train on the KGTV website.
9.1.20
NABET-CWA and the Company recognize that, due to technological innovations that are occurring in the broadcasting industry and for the Company to realize the full benefit of such new technology and the economies of scale created thereby, it may be necessary during the term of this Agreement for the Company to cluster, consolidate, or centralize certain functions at a location other than KGTV.
To the extent that such action has a negative impact upon bargaining unit work covered by the terms of this Agreement, the Company and NABET-CWA agree to meet and discuss the effects of such actions upon bargaining unit members.
The Company agrees that not more than two (2) NABET-CWA positions will be eliminated as a result of such action. The Company also agrees to retain the Graphic Designer with the highest seniority as Art Director in the event that graphic arts is centralized outside San Diego.
Should a reduction in force occur it will be accomplished through voluntary attrition.
If an employee is reassigned as a result of these actions , the affected employee has the option for sixty (60) days from the initial date of the reassignment, to sever their employment with the Company and receive severance and benefit plan coverage during the severance period as provided in McGraw-Hill Companies policies
9.2 NABET-CWA Employees shall receive the following minimum weekly rates of pay:
GROUP 1:
Radio Operations Technician
Secondary Control Operator
Digital Operations Center Technician
|
10/01/02 |
1/31/03 |
1/31/04 |
1/31/05 |
0-1 Year |
$376 |
$425 |
$429 |
$433 |
1-2 Years |
$410 |
$450 |
$455 |
$460 |
2-3 Years |
$451 |
$475 |
$480 |
$485 |
3-4 Years |
$500 |
$525 |
$530 |
$535 |
4-5 Years |
$560 |
$575 |
$581 |
$587 |
5-6 Years |
$631 |
$631 |
$637 |
$643 |
Over 6 |
$716 |
$716 |
$723 |
$730 |
Group 2:
Operations Technician
Graphic Designer
|
10/01/02 |
1/31/03 |
1/31/04 |
1/31/05 |
0-1 Year |
$620 |
$633 |
$639 |
$645 |
1-2 Years |
$651 |
$664 |
$671 |
$678 |
2-3 Years |
$687 |
$701 |
$708 |
$715 |
3-4 Years |
$728 |
$743 |
$750 |
$758 |
4-5 Years |
$779 |
$795 |
$803 |
$811 |
5-6 Years |
$841 |
$858 |
$867 |
$876 |
Over 6 |
$921 |
$930 |
$943 |
$957 |
Group 3:
Technical Director
TOC/Master Control Operator
Design Director
PV Assistant Director
|
10/01/02 |
1/31/03 |
1/31/04 |
1/31/05 |
0-1 Year |
$952 |
$952 |
$962 |
$971 |
1-2 Years |
$971 |
$990 |
$1000 |
$1010 |
Over 2 Years |
$990 |
$1009 |
$1019 |
$1029 |
Over 3 Years |
$1009 |
|
|
|
Group 4:
Media Manager
Videographer/Editor
Maintenance Engineer
|
10/01/02 |
1/31/03 |
1/31/04 |
1/31/05 |
0-1 Year |
$1031 |
$1052 |
$1075 |
$1100 |
Over 1 Year |
$1052 |
$1073 |
$1098 |
$1121 |
Group 5:
PV Director
|
10/01/02 |
1/31/03 |
1/31/04 |
1/31/05 |
0-1 Year |
$1081 |
$1113 |
$1141 |
$1163 |
Over 1 Year |
$1103 |
$1135 |
$1158 |
$1187 |
9.2.1
The Company shall assign Employees to a regular Group based on duties. Employees assigned to positions during a tour of duty in a Group higher than their regular position shall be paid no less than the minimum rate payable in the higher Group for the hours worked in that higher Group or a minimum of four (4) hours, whichever is greater.
Employees who are assigned to work in a higher Group for at least 1 year on a regular basis and at 80% of their workweek shall be reassigned to the higher Group.
When an Employee has received “higher Group” upgrades for 260 days, the Employee will move to the next level scale in the higher Group for any future upgrades.
Employees may be assigned to perform tasks in Groups lower than their regular position but must be paid no less than the pay rate of their regular position. If the Company fails to replace an Employee who is absent, the Employee who covers the additional position shall be upgraded to the lowest level in the next highest Group for the shift.
9.2.2
The Company may reassign Employees to higher Groups based on the Employee’s duties, abilities, performance and tenure with the Company, even though the Employee’s job category may not be contained in the higher Group.
The Company may reassign Employees to lower Groups if their job duties are eliminated, or when their job duties change due to lack of ability or performance. The Employee's wage rate will reflect the applicable wage.
The Company shall not reassign Employees to lower groups without just cause.
9.2.3
Employees who agree to perform writing and/or producing functions shall be at least a Group 3.
9.2.4
For the sole purpose of determining weekly rates of pay, new hires shall receive credit for time worked in a similar position in the broadcast/cable television industry, or broadcast equipment manufacturer (for Maintenance Engineers) at the rate of at least 6 months for each year worked.
9.3
One (1) Engineering Technician shall be present at the TV transmitter, or remote control points during program transmission and scheduled test periods.
9.4
Employees assigned to a transmitter may be assigned to perform any installation and/or maintenance work in connection with the Technical Plant in which the transmitter is located.
9.4.1
An Employee may not be assigned to work beyond the interlock of the protective relay system if such work requires him to bypass the normal interlock functions, unless another Employee is present.
9.4.2
An Employee may be permitted to work on a transmitter provided primary power has been removed.
9.5
Employees performing work on transmitter towers above twenty-five (25) feet shall receive pay at double their regular straight time rate of pay for time so spent, and such tower work shall be performed on a voluntary basis only.
9.6
A Technical Director/ParkerVision Director operates as Crew Chief, is in technical charge of the program and is responsible for the performance of the entire group of technicians whether in rehearsal or “on-the-air” and whether at the studios or a remote location. All assignments other than scheduled duties shall be made through the Technical Director/ParkerVision Director (including technical assignment of equipment), except those made by the Chief Engineer or Director of Operations and Engineering , who shall notify the Technical Director/ParkerVision Director of adjustments as soon as possible.
9.7
The Company may designate regular Technical Directors by giving written notice to the Employee and NABET-CWA. Said notice shall contain the effective date of regular status and from and after that date, the Employee shall receive Technical Director pay on a regular basis.
9.8
It shall be the responsibility of the Technical Director to assure that requests on lighting are complied with, consistent with good engineering practices and technically acceptable pictures, and consequently all requests for lighting changes after a show is set up shall be handled through the Technical Director.
9.9
There shall be at least one (1) Technical Director or Operations Technician assigned as Technical Director on duty during all program time and/or rehearsal, except during lunch and relief breaks.
9.10
Technical Directors for remotes of more than two cameras shall be assigned from the current pool of permanent Technical Directors, or an Operations Technician may be upgraded.
