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Indybay Feature
the KPFA-CWA Union Contract
The Union contract which is so often referred to in the attacks on the layoffs which KPFA will have to make in order to avoid bankruptcy of itself and Pacifica.These are the relevant parts. Skip to Sections 12 and 30 for the most relevant parts. For the entire contract, go to http://www.kpfa.org/staff Compare this with the criteria used by Tracy Rosenberg in her supposed "Hit List": http://www.indybay.org/newsitems/2010/10/26/18662338.php
Compare it with ED Arlene Engelhardt's criteria, set forth towards the bottom of that piece.
Compare it with ED Arlene Engelhardt's criteria, set forth towards the bottom of that piece.
PREAMBLE
This Agreement is entered into as of October 1, 2006, between Pacifica Foundation, its
successors and assigns, (“Employer”) which owns and operates radio station KPFA-FM and
KPFB-FM in Berkeley, California, and the Communications Workers of America (“Local” or
“CWA”).
SECTION 1 – RECOGNITION
The Employer recognizes CWA as the sole exclusive bargaining agent for all paid employees
employed by Employer at it’s KPFA and KPFB facility in Berkeley, California excluding all
confidential employees, the Manager, Assistant Manager/Development Director,
Assistant to the Manager, Program Director, Operations Manager,
and Bookkeeper-Business Managers.
Also excluded from this recognition are all non-statutory Employees under the NLRA who are
hired after August 1, 1997.
Any individuals employed at Pacifica’s KPFA-FM or KPFB-FM facility in Berkeley, California,
who are now or hereafter performing their work at said facility under another collective
bargaining agreement, shall not be covered by this Agreement.
SECTION 2 - MANAGEMENT RIGHTS
A. It is understood and agreed that the Employer shall retain all of its customary and usual
rights, powers, functions and authority of management. Any of the rights, powers,
functions or authority which the Employer had prior to the signing of any Collective
Bargaining Agreement, including rights herein listed as examples, are to be retained by
the Employer except as any of these rights, powers, functions or authorities are
specifically abridged or modified by expressed written agreement with the Union.
B. It is further agreed that the following examples of management rights shall not be
deemed to exclude other rights not herein listed. The management rights covered herein
include the right to hire, classify, assign, promote, demote, suspend, or discharge
employees; the right to locate or relocate work assignments; the right to establish safety
regulations, codes of ethics and conduct, employment policies, shifts and rest periods,
and changes due to technological advancements during the life of this Agreement.
C. Any decision of management, which is not otherwise subject to requirements set forth in
this Agreement, shall be fully within the discretion of the Employer. CWA agrees that
Employer decisions concerning subjects which are not precluded by expressed provisions
in this Agreement shall not be the subject of decisional or effects bargaining during the
term of this Agreement. Notwithstanding the above, Employer shall engage in effects
bargaining with the Union with respect to a sale, swap of frequencies or shut down of
KPFA.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 12 - LAYOFF AND RECALL {Keep in mind that the impending layoffs may actually
be reductions in hours. But these same rules will probably be in effect for reductions as well.}
Should it become necessary to reduce the work force due to lack of work or other reasons
including economic necessity, employees shall be laid off in the following manner. In cases
where skill, ability, knowledge and job performance are all equal, or could be equal in the
opinion of the Employer after reasonable orientation and training, seniority shall prevail.
Those who will be laid off shall be notified as soon as possible, normally thirty (30) working
days, but in no case less that fifteen (15) working days before such layoff is to take place.
The employer agrees to actively explore alternatives to the layoff(s) before the effective
date of the layoff, if so requested by the Union. The layoff list shall be provided to the union
steward. Laid off employees shall be responsible for keeping the Union and the Employer
informed in writing of her or his current address.
An employee who is laid-off may choose to bump to another job in her/his department
where skill, ability, knowledge and job performance are all equal, or could be equal in the
opinion of the Employer after reasonable orientation and training. . . . . .
[The rest is about recalling laid off workers when the employer rehires.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 30 - STEWARD AND OFFICER SENIORITY
Upon request of the Local, an elected Shop Steward will be given seniority preference when
layoffs take place. An elected Local Officer, upon request of the Local, will be given seniority
preference at the time when layoffs take place in the station in which she/he is employed. No
more than 2 stewards shall be subject to this provision.10
This Agreement is entered into as of October 1, 2006, between Pacifica Foundation, its
successors and assigns, (“Employer”) which owns and operates radio station KPFA-FM and
KPFB-FM in Berkeley, California, and the Communications Workers of America (“Local” or
“CWA”).
SECTION 1 – RECOGNITION
The Employer recognizes CWA as the sole exclusive bargaining agent for all paid employees
employed by Employer at it’s KPFA and KPFB facility in Berkeley, California excluding all
confidential employees, the Manager, Assistant Manager/Development Director,
Assistant to the Manager, Program Director, Operations Manager,
and Bookkeeper-Business Managers.
Also excluded from this recognition are all non-statutory Employees under the NLRA who are
hired after August 1, 1997.
Any individuals employed at Pacifica’s KPFA-FM or KPFB-FM facility in Berkeley, California,
who are now or hereafter performing their work at said facility under another collective
bargaining agreement, shall not be covered by this Agreement.
SECTION 2 - MANAGEMENT RIGHTS
A. It is understood and agreed that the Employer shall retain all of its customary and usual
rights, powers, functions and authority of management. Any of the rights, powers,
functions or authority which the Employer had prior to the signing of any Collective
Bargaining Agreement, including rights herein listed as examples, are to be retained by
the Employer except as any of these rights, powers, functions or authorities are
specifically abridged or modified by expressed written agreement with the Union.
B. It is further agreed that the following examples of management rights shall not be
deemed to exclude other rights not herein listed. The management rights covered herein
include the right to hire, classify, assign, promote, demote, suspend, or discharge
employees; the right to locate or relocate work assignments; the right to establish safety
regulations, codes of ethics and conduct, employment policies, shifts and rest periods,
and changes due to technological advancements during the life of this Agreement.
C. Any decision of management, which is not otherwise subject to requirements set forth in
this Agreement, shall be fully within the discretion of the Employer. CWA agrees that
Employer decisions concerning subjects which are not precluded by expressed provisions
in this Agreement shall not be the subject of decisional or effects bargaining during the
term of this Agreement. Notwithstanding the above, Employer shall engage in effects
bargaining with the Union with respect to a sale, swap of frequencies or shut down of
KPFA.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 12 - LAYOFF AND RECALL {Keep in mind that the impending layoffs may actually
be reductions in hours. But these same rules will probably be in effect for reductions as well.}
Should it become necessary to reduce the work force due to lack of work or other reasons
including economic necessity, employees shall be laid off in the following manner. In cases
where skill, ability, knowledge and job performance are all equal, or could be equal in the
opinion of the Employer after reasonable orientation and training, seniority shall prevail.
Those who will be laid off shall be notified as soon as possible, normally thirty (30) working
days, but in no case less that fifteen (15) working days before such layoff is to take place.
The employer agrees to actively explore alternatives to the layoff(s) before the effective
date of the layoff, if so requested by the Union. The layoff list shall be provided to the union
steward. Laid off employees shall be responsible for keeping the Union and the Employer
informed in writing of her or his current address.
An employee who is laid-off may choose to bump to another job in her/his department
where skill, ability, knowledge and job performance are all equal, or could be equal in the
opinion of the Employer after reasonable orientation and training. . . . . .
[The rest is about recalling laid off workers when the employer rehires.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SECTION 30 - STEWARD AND OFFICER SENIORITY
Upon request of the Local, an elected Shop Steward will be given seniority preference when
layoffs take place. An elected Local Officer, upon request of the Local, will be given seniority
preference at the time when layoffs take place in the station in which she/he is employed. No
more than 2 stewards shall be subject to this provision.10
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