SECTION II - UNION MEMBERSHIP...........................3
SECTION III - DEFINITION OF STAFF.......................4
SECTION IV - CHECK OFF AND DUES AUTHORIZATIONS..........4
SECTION V - NONDISCRIMINATION AND AFFIRMATIVE ACTION....5
SECTION VI - HIRING.....................................5
SECTION VII - PROBATION.................................7
SECTION VIII - EMPLOYEE RIGHTS..........................7
SECTION IX - HEALTH AND SAFETY..........................7
SECTION X - PROGRESSIVE DISCIPLINE......................8
SECTION XI - WORK LOAD REVIEW AND EVALUATION............9
SECTION XII - DISCHARGE................................10
SECTION XIII - GRIEVANCE PROCEDURE.....................11
SECTION XIV - LAYOFFS AND RECALL.......................12
SECTION XV - SENIORITY.................................14
SECTION XVI - NO STRIKE BREAKING.......................15
SECTION XVII - WORK WEEK...............................15
SECTION XVIII - COVERAGE OF DUTIES.....................16
SECTION XIX - PAY RATE COMPUTATIONS....................16
SECTION XX - VACATIONS AND HOLIDAYS....................17
SECTION XXIX - STEWARD AND OFFICER SENIORITY...........23
SECTION XXX - SEVERABILITY.............................23
SECTION XXXI - ENTIRETY OF AGREEMENT...................23
SECTION XXXII - DURATION OF CONTRACT...................24
SECTION XXXIII - UNION BULLETIN BOARD..................24
SECTION XXXIV - COST OF LIVING ADJUSTMENT..............24
SECTION XXXV - WAGES...................................24
SECTION XXXVI - PRIVACY................................25
SECTION XXXVII - TERM OF AGREEMENT.....................25
SECTION I - RECOGNITION
AGREEMENT reached this ___________________, 1994, between the Pacifica Foundation, hereinafter referred to as the Employer, and said foundation operating radio station KPFK in Los Angeles, and the United Electrical, Radio & Machine Workers of America (UE), hereinafter referred to as the Union:
SECTION II - UNION MEMBERSHIP
It shall be a condition of employment that all employees of the Employer covered by this agreement who are members of the Union in good standing on the execution date of this agreement shall remain in good standing; and that the Union shall represent all non-management, non-temporary employees as defined within this contract. For the purposes of this union security provision, a member in good standing is obligated only to tender the periodic dues and initiation fees as uniformly required.
SECTION III - DEFINITION OF STAFF
A) FULL TIME STAFF
B) PART TIME STAFF
C) TEMPORARY EMPLOYEE
D) CONTRACT PERSONS/CONSULTANTS
SECTION IV - CHECK OFF AND DUES AUTHORIZATIONS
For the duration of the agreement, the Employer shall deduct dues from the last payroll of each month, and promptly remit same to Union for those employees in the bargaining unit whose written and signed authorizations have been received by the Employer.
SECTION V - NONDISCRIMINATION AND AFFIRMATIVE ACTION
There shall be no discrimination in hiring, wages or other terms or conditions of employment or opportunity for employment based upon race, color, national origin, sex, sexual orientation, religion or creed, political beliefs, union membership, age, marital, parental or disability status. The Employer and Union shall support affirmative action within the workplace.
SECTION VI - HIRING
All positions in the bargaining unit which become available shall be posted/advertised both inside and outside the station for a minimum of thirty (30) days. The Employer shall post the position in a conspicuous manner inside the station to allow current employees an opportunity to apply. The Union may designate a specific bulletin board to be used for job postings. The Employer shall also send a job notice mailing to all volunteer staff, as well as include any job announcements at the end of the General Manager's "Report to the Listener."
B) Hiring Committee
A Hiring Committee shall be formed within five (5) days of the close of the job posting. The committee shall consist of at least five (5) persons and no more than seven (7): the Station General Manager or her/his designees; the Chief Union Steward or her/his designees; the direct supervisor or his/her designee; a representative of the volunteer staff agreed upon by management and union; and an affirmative action officer without exception. In the event of the hiring committee consisting of more than five (5) members, it is understood that union and management will have equal representation.
The Hiring Committee, after full consideration of all applicants, shall make a recommendation to the General Manager. The committee shall not have finished its job until it has come to an agreement on the recommendation(s). The agreement shall be in writing and submitted to the General Manager. The hiring committee may recommend one, some (ranked or otherwise), or none of the applicants. After reviewing the recommendation(s) of the hiring committee, the General Manager shall make all final hiring decisions.
C) Promotions/Open Hires
All permanent station hires shall be open hires, as outlined in subsections A) and B) above, with the following exceptions:
Seniority in an open hiring process shall apply as follows:
E) Temporary Hires
Temporary Hires are excluded from the formal hiring process. However, no more than one temporary hire shall be made during a fiscal year to perform the same type of work, if that work exceeds three months. If more than one temporary hire is necessary to complete the work (more than three months), that work shall be considered part of a new permanent position to be created and posted, unless otherwise agreed upon with the Union.
As defined in Section III (C), no temporary hire may be employed for more than three months (90 days). If a temporary hire is employed for more than ninety-one (91) days during a fiscal year, then an open hiring process must commence on the 91st day with a job posting and written job description.
Failure to post a job opening notice on the 91st day shall result in the immediate termination of the temporary hire.
The Chief Union Steward shall be notified immediately in writing by management when any temporary hire is made.
SECTION VII - PROBATION
All new permanent hires shall be on probation for the first three months of employment, during which time, if a worker's performance is deemed to be unsatisfactory, he/she may be dismissed without further cause. After the probationary period, employee shall become a Union member and shall be considered permanent. This excludes temporary hires.
SECTION VIII - EMPLOYEE RIGHTS
Any employee has the right to union representation during any discussion with management that the employee believes concerns the collective bargaining agreement, disputes, grievances, disciplinary actions and evaluation of work performance. Any changes to an employee's job description shall be made by consent of the employee and the Union.
SECTION IX - HEALTH AND SAFETY
The Employer agrees to maintain a safe and healthy workplace. Employer shall make reasonable provisions for the safety and health of its employees, including maintaining all areas and facilities in a safe and sanitary condition. The Employer hereby recognizes its duty to abide by federal, state and local laws and regulations.
Any worker has the right to walk off a job that poses an imminent hazard to his/her safety and/or health without loss of pay.
Any dispute regarding health and safety that cannot be resolved informally between management and the union shall be grieved via the procedures outlined in this agreement.
The employer retains the right to promulgate work rules to promote the health and safety of the work force.
The KPFK newsroom production and wire booths contain fiber-fill material in the walls which may be pose a significant health risk. Management will arrange to remove these materials by September, 1995.
SECTION X - PROGRESSIVE DISCIPLINE
Progressive discipline shall govern all relationships, except as noted below, between Employer and employee. This means that no adverse action shall be taken against an employee unless preceded by adequate warning of unsatisfactory work or conduct. Additionally, no more severe measures shall be implemented against an employee until less severe measures have been tried and have failed.
No employee shall be disciplined or discharged for following instructions given by his/her direct or managerial supervisor.
Discipline or discharge for serious misconduct shall be exempt from the requirements of progressive discipline. "Serious misconduct" is an action that cannot be reasonably remedied through the available disciplinary process. The disciplinary measures available in order of severity are:
At each step the Employer must provide the Employee and Union Steward, at the employee's request, with specific criticism of conduct or work in writing and the specific requirements to show reasonable improvement and avoid further disciplinary action.
It shall be the responsibility of Management to notify any employee of any additions regarding discipline to his or her personnel file at the time the addition is made to the file. This may be done by providing a photocopy or by notifying the employee in writing that such an addition has been made and suggesting the employee obtain a copy at the earliest convenient opportunity.
No issuance of disciplinary action [ ] shall be made without there first being a meeting between the employee, a representative of the Union, (if so requested by the employee) and a representative of the employer.
If an employee shall serve for six months from the date of final determination of a disciplinary action, without any further disciplinary action being taken, the disciplinary action shall be expunged from the employee's record and the employer shall be required to repeat that step of discipline.
All disciplinary action may be grieved. Grievance of a discharge shall begin at Step 2 of the grievance procedure.
SECTION XI - WORKLOAD REVIEW AND EVALUATION
Employees shall be evaluated formally and in writing on a regular and timely basis. Employees in their first year of employment shall be evaluated at the end of their probationary period. Thereafter, employees shall be evaluated annually.
This formal written evaluation shall address the strengths and weaknesses of the employee's work and specific suggestions for improvement where needed. The evaluation may also address priorities for the employee where the employee is experiencing difficulties in assessing his/her workload and job description. The Employer shall, in consultation with the Union, design a standard evaluation form to be used for this process.
The evaluation shall consist of a written self-evaluation by the employee and a written evaluation by the Manager or her\his designee. The designated representative shall be a management staff member who is reasonably familiar with the employee's work and who shall review the self-evaluation before completing the evaluation.
If the Manager or designated representative does not provide a written evaluation of the employee within 15 work days after submission of the employee's self-evaluation, the self-evaluation shall stand with the understanding that the Manager concurs with the self evaluation.
The employee shall have the right to respond in writing to the Employer's evaluation. The employer's evaluation and the employee's response shall be considered confidential and for internal use only by the Employee and the Employer. The evaluation shall be kept in the employee's personnel file for the duration of her/his tenure. Evaluations shall not be disclosed to a third party without the written permission of the employee. Copies of the evaluations shall be provided, upon the request of the employee, to any grievance panel or arbitrator constituted under this agreement.
Individuals or union representatives authorized in writing by the individual will have access to their personnel files during business hours and may make copies thereof.
An employee may be discharged or disciplined only for just cause. Employees shall always have the right to have a Union Steward present in any discussion with management regarding discipline or discharge. If an employee is discharged, within one work day of such action the employee shall be notified in writing and a copy shall be sent to the Union. Employer shall state in the message the reason for such action.
SECTION XIII - GRIEVANCE PROCEDURE
The aggrieved must file a grievance within 15 (fifteen) days after the occurrence or first knowledge of the incident. Failure of either party to respond within the specified time limits shall result in the grievance being automatically resolved in the interest of the responding party. Time limits may be extended by mutual agreement of the two parties. If the matter is deemed of extreme urgency and importance, the time limits and steps may be shortened, by mutual agreement of the two parties.
Any claim, difference, dispute or grievance arising between the parties under this contract shall be taken up promptly according to the following steps:
The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this agreement in respect to the grievance, but shall determine only whether or not there is a violation of the contract and to determine the appropriate remedy.
The arbitrator shall, in cases of termination, have the power to reinstate employees and assess back pay.
The costs of arbitration shall be shared equally between the Employer and the Union.
SECTION XIV - LAYOFFS AND RECALL
The Employer has the right to lay off an employee under the following circumstances:
Then, the Employer shall give a specific written notice 30 days in advance of any impending "financial crisis" that could result in layoffs. The Employer shall immediately engage, with the Union, in a good faith attempt to explore all alternatives to layoffs, including temporary wage reductions. Any such reductions shall apply to both management and bargaining unit staff.
Within thirty days prior to the start date of a new hire, Employer must demonstrate availability of existing monies to fund such a position for a period of one year.
The Employer shall provide the Union, upon request, all financial reports at its disposal which were relevant to the financial crisis, including annual budgets, cash flow analysis, annual financial statements by Pacifica auditors and monthly Pacifica reports. The necessity of the layoffs as invoked by the Employer shall be grievable and the failure to supply relevant available reports to the Union shall also be grievable. [ ]
The Employer shall lay off no Union employee within a one year period of hiring additional management staff.
In the case of a "restructuring" proposal by the Employer, there shall be at least 90 days advance notice and the Employer shall provide a detailed written explanation to the Union of any proposed restructuring of job responsibilities or assignments. The Employer shall consult with the union and staff about such proposals in writing and in staff/union meeting/s. A proposal to "restructure" may not be implemented without the consent of the Union.
If the employer must consider the layoff of staff, it shall base its decision on the seniority of the employee. An exception may be if Employer can show that the senior employee in line is wholly unqualified for the available position, and cannot be trained to perform the necessary work.
Employees who are laid off for either financial or restructuring reasons shall be given priority in any hiring for any position for which, with appropriate training, they could be considered reasonably qualified. Employees shall be offered such positions in the order of their seniority.
Any employee who has been laid off for twenty four (24) months and has not been recalled shall be considered terminated and shall be entitled to severance pay as determined in Section XXIV. An employee who has accepted severance pay shall not waive any recall rights under this section, but shall have the opportunity to repay severence upon recall. Severance pay shall be made available at the time of layoff.
Within ten (10) days of receipt of notice of a proposed lay-off, the Union may designate two Union officer/stewards who shall not be laid off. The purpose of this clause is to assure that the bargaining unit employees always have two shop stewards or Union officials who remain part of the workforce.
If within three (3) weeks of the date of delivery of a certified mailed letter to return to work, such laid off employee has not informed the station management in writing of her/his intent to accept recall, management shall deem that person to be dropped from the recall list. The employee shall be so notified in writing. If the employee informs the Employer of her/his intent to return to work, the employee shall do so within fifteen (15) working days of notification of intent to return. Employees who refuse recall to their former job shall be dropped from the recall list.
Seniority shall be measured by the total length of employment at KPFK. When an employee had a prior paid position at any radio station, bureau or service owned and operated by Pacifica that was terminated other than by discharge for just cause within the past five (5) years, such employment shall be credited to total seniority of an employee at KPFK FM for purposes of wages & vacation, but not for the purposes of promotion, layoff, recall & severance pay.
In the event that a former employee or an employee on a leave of absence at KPFK-FM returns, within the limitations set forth above, the employee's seniority upon return shall be fixed at that level of seniority that the employee held at the date of departure from the employer station, bureau or service involved.
Seniority shall be counted in months.
A temporary employee who is then hired on permanent in the same or related job shall get all benefits from original date of temporary hire.
SECTION XVI - NO STRIKE BREAKING
No employee shall be required to cross a lawful picket line, or be assigned, transferred, or required to go to any radio station, transmitter, studio or property owned by Employer while a lawful strike is in progress, or to originate, duplicate or transmit by any means, a program or programs for such a station.
SECTION XVII - WORK WEEK
The work week of a full time employee shall be thirty five (35) hours in a seven day period, with part-time employees working proportionate times (ie. half time = 17.5 hours). Each employee is entitled to two consecutive days off within each seven day period. Specific work days shall be designated by management in consultation with employee, and work schedules shall be posted and maintained in personnel files.
Union employees shall receive compensatory time off resulting from extraordinary work schedules. Such compensatory time shall be awarded on the basis of one hour or a portion thereof for each hour worked. At the end of each pay period, management shall review employees time cards to approve such accumulation of time. Management shall grant all reasonable requests to take compensatory time. Compensatory time shall accrue until such time as Management and Union agree upon a plan to decrease workload, or agree to pay overtime at time and a half on regularly scheduled workdays and double time on regularly scheduled days off.
SECTION XVIII - COVERAGE OF DUTIES
When an employee is absent due to a scheduled vacation or Management approved leave for two months or less, Management shall in consultation with the Department Director determine the means for covering his/her duties, except that the Union and the Employer shall negotiate at the start of each new fiscal year, a list of positions which shall have paid replacement. Such replacements shall be paid the starting rate for that position. Full consideration will be given to qualified station employees in the event that management determines to hire a temporary replacement.
SECTION XIX - PAY RATE COMPUTATION
A) Hourly wages for all employees shall be computed at their full time monthly rate of pay divided by 152 (one hundred and fifty two) when it is necessary to make an hourly computation of wage rates. No changes in pay schedule shall be made without consulting the Union. As of 7/94, base pay for department heads shall not be less than $25,977; for department assistants not less than 24,154.
B) Seniority increments: There shall be seniority increments of $20/month for full-time employees for each year of seniority, pro-rated for part time employees.
SECTION XX - VACATIONS AND HOLIDAYS
KPFK employees shall be entitled to a paid vacation according to the following schedule:
All vacation not taken during the year shall be paid at the end of the fiscal year if employer does not allow for employee to so take earned vacation time. Employer will afford all employees the opportunity to request vacation time preferences prior to the start of each fiscal year, or in the case of new employees, at the time of the completion of their probationary period. Employer shall make a reasonable effort to schedule vacation in accord with the employees' stated preference. Preference shall be provided on a first-come, first-served basis, then by order of seniority.
A holiday falling within a vacation shall entitle the employee to an extra day of vacation within that vacation. An employee may if s/he wishes begin a vacation on a day other than Monday.
If an employee has been discharged or resigned, accumulated vacation shall be paid, and borrowed vacation time shall be withheld from the final paycheck.
If an employee is required to work on a holiday, he/she will have the option of taking another day off or adding another day to his/her accumulated vacation as compensation for accumulated holiday time not taken[ ]. If any of the above listed holidays fall on a weekend, the employee shall receive either the following or the preceding weekday off per the Holiday Schedule posted by the General Manager at the start of the calendar year.
Employee may choose to have an additional holiday of choice in substitution of one of the designated ones listed above. The total amount of Holidays will remain at thirteen (13) per year.
SECTION XXI - LEAVE WITH PAY
A) Sick Leave
Paid staff are entitled to twelve days off per year for personal health leave. Employees with two (2) or more years of seniority may request up to eighteen (18) additional paid sick leave days per year in case of serious illness, serious injury or hospitalization. Management may not unreasonably withhold additional sick leave.
B) Funeral Leave
Employees shall be granted one (1) day funeral leave for deaths in immediate family (child, parents, grandparents, spouse, sister/brother) and two (2) additional days for necessary travel out of town. Funeral leave will also be granted for household members or other close relations at the discretion of the General Manager.
C) Jury Duty
Employees notified to report for jury duty should promptly advise their Unit Manager. If an employee does not request or is not granted an exemption, s/he will receive paid leave while on jury service for a one month period, less all sums paid her/him by the court for jury duty. Employees should maintain careful records of fees received for jury duty from the Court. If an employee is called for jury duty and excused during regular working hours, the employee is expected to return to work.
D) Parental Leave
All new parents (natural, adoptive, foster) shall receive one month paid maternity/paternity leave.
SECTION XXII - LEAVE WITHOUT PAY
A) Leave of Absence.
A regular employee who has completed two years of service may take a three month leave of absence (no more than one leave every four years) without pay and without loss of seniority or benefits, upon approval of Management. Given adequate prior notice Employer shall not unreasonably withhold permission for an educational leave that would improve job performance and contribute to station functioning. All requests should be made thirty (30) days in advance of the requested leave.
Employer shall, upon written application, grant any regular employee a special leave of absence for up to six months for maternity/paternity reasons, with full reinstatement privileges and without loss of seniority.[ ]
B) Military Leave.
Training: Employees who belong to the armed Forces Reserves will be granted an unpaid leave of absence for annual required training. Full time employees may apply accrued vacation pay against this unpaid leave, or may take paid vacations at another time during the year. Employees on military training leaves will not lose continuous service time at Pacifica. Contributions to employee benefits will continue during the leave.
Extended Active Duty: Employees called up for extended periods of active duty in the United states Armed forces will be granted re-employment rights as provided in federal laws, as amended to the date on which active duty ends.
SECTION XXIII - HEALTH PLAN
Employer shall provide for all permanent paid employees no less than what Kaiser Medical Coverage and National Group Trust Dental/Vision plan held by employees before the signing of this contract provides at the time that this contract is signed. Medical coverage shall include prescription medicines (Kaiser "A" Plan).
Medical and other benefits shall be provided as soon after employment as allowable by the insurance provider.
SECTION XXIV - CHILDCARE ALLOWANCE
Employer shall assist KPFK workers, including temporary employees, for childcare expenses for children through age thirteen (13) years, up to a maximum of $200/child/month for full time employees. Part time employees will be reimbursed pro rata, up to $200 a month maximum. Employee will submit proof of expenditure for expenses incurred for childcare. Employer and union will mutually explore the option of contracting for childcare services for KPFK workers.
SECTION XXV - SEVERANCE PAY
Severance pay of one (1) week's salary for each year of continuous service shall be paid upon termination of employment.
In order to be assured of the payment, the employer shall immediately establish a severance pay trust fund to be phased in over the next five (5) years, and brought completely current no later than January 1, 2000. The trustees of said fund, shall be selected in equal number by both the Union and Management.
A separate accounting shall be kept of the fund's income, and by January 1, 2000 or sooner, if the fund becomes completely current, dividends and interest shall be equally divided annually among members of the Union staff, as a December holiday bonus.
SECTION XXVI - DISABILITY
Employees eligible for disability compensation under the California State Unemployment Insurance Code must make application for such benefits when they become physically incapacitated for work.
The Employer shall explore disability insurance for all eligible employees upon the effective date of this agreement.
SECTION XXVII - TRANSPORTATION AND REIMBURSEMENT
All persons required to travel in connection with KPFK or Pacifica Foundation business shall be reimbursed, provided such travel or transportation is authorized by the Employer (allowance for use of private car shall be 25 cents per mile). Workers shall not be required to use their own automobiles unless it is a condition of hire or consented thereto.
For all authorized expenditures made in connection with their work assignments, employees and others entitled to reimbursement for expenditures shall be reimbursed within 30 days. Employee shall not be required to expend personal funds in order to do their jobs.
SECTION XXIII - AUTHORITY OF UNION REPRESENTATIVES
A Union representative may request relief from Employer from her/his duties at any time to investigate and settle grievance issues and present them to Employer without loss of seniority or benefits. Relief from duties shall be granted by Employer immediately, except when doing so might cause injury to persons, damage to property or interruption of broadcasting or production of programming, which under reasonable judgement of the station manager would be harmful to or disruptive to the continuity of programming or broadcasting or administration at KPFK. If the station manager so finds, the Union Representative shall be relieved at the earliest possible moment at which s/he can be relieved without any of the aforementioned consequences.
When any Union Representative is relieved from duty on her/his regularly scheduled shift to attend to grievance matters, s/he shall not lose any pay therefrom; but s/he shall complete the handling of the grievance as promptly as possible and return to work as soon as the handling of the grievance is completed.
Upon written notice, Employer will grant a Union member leave for the performance of Union business without loss of benefits or seniority. Given at least two weeks prior notice, Employer will give any Union member elected as a local delegate unpaid leave or permit the use of accrued vacation and compensatory time to attend district or national conventions, or to participate in negotiations without loss of seniority or benefits.
Union meetings may be held at KPFK either during lunch or on an employee's own time.
SECTION XXIX - STEWARD AND OFFICER SENIORITY
On request of the Union, an elected Shop Steward will be given seniority preference at the time when layoffs take place. An elected Local Officer, upon request of the Union, will be given seniority preference at the time when layoffs take place. No more than two (2) stewards and/or officers shall be subject to this provision.
SECTION XXX - SEVERABILITY
If in the event a section of this agreement is found to be unlawful according to applicable state or federal law, only that section found to be unlawful shall be deemed null and void and the rest of this agreement shall remain in full force and effect.
SECTION XXXI - ENTIRETY OF AGREEMENT
This instrument shall constitute a complete and entire agreement between the parties, cancelling and superseding any prior oral and/or written agreements or commitments. This instrument is subject to amendment, alteration, and addition only by subsequent written agreement between and executed by the Employer and the Union.
SECTION XXXII - DURATION OF CONTRACT
This contract shall be in force for three years. But negotiations on the successor contract shall begin no later than ninety days from the expiration date. This contract shall remain in force until a successor contract is ratified by Union and Management.
SECTION XXXIII - UNION BULLETIN BOARD
Management shall provide the Union with a bulletin board in the station for Union use.
SECTION XXXIV - COST OF LIVING ADJUSTMENT
Effective April 1, 1994, and every April 1 thereafter, a cost of living adjustment (COLA) shall be given to all KPFK permanent employees in the amount of not less than six percent (6%). If the Consumer Price Index (CPI) for any given year exceeds six percent (6%), then the COLA shall increase accordingly.
SECTION XXXV - WAGES
Effective October 1, 1994 and every October 1 during the life of this contract, wages shall increase five percent (5%).
Wage increases are intended to establish wage parity with radio stations in the Southern California market and with other Pacifica-owned stations.
SECTION XXXVI - PRIVACY
Management shall make no intrusive inquiries into non work-related aspects of an employee's private life, including but not limited to, queries regarding other sources of employment.
SECTION XXXVII - TERM OF AGREEMENT
This Agreement shall be in full force and effective from October 1, 1994, and shall remain in effect until September 30, 1997 and from year to year thereafter unless either party gives written notice by registered or certified mail of its desire to terminate or modify this Agreement at least sixty (60) days prior to September 30, 1997 or sixty (60) days prior to any subsequent anniversary date thereof.
IN WITNESS WHEREOF, the duly authorized agents of the parties have executed this Agreement on this Nth day of X, 1994.
For the Pacifica Foundation, For The United Electrical, Radio & Machine Workers of America (UE),