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FREQUENTLY ASKED QUESTIONS

 

Please note that these FAQs apply to the 2003-2007 contract.  We are in the process of updating them to cover the new 2007-2010 contract.  If you have specific questions concerning your rights or benefits, contact your shop steward, any union officer, or business agent, Joe Montagna.

The contract between WGBH and AEEF-CWA Local 1300 (formally known as the Collective Bargaining Agreement) contains the basic terms of employment for hundreds of employees working in all facets of public broadcasting at WGBH facilities in Boston, Cape Cod, Pittsfield, and Los Angeles.   These terms are negotiated with station management every three years by a committee of your co-workers.  Often misrepresented as a “union rule book”, the contract represents the terms of employment that, through months of exchanging proposals and counter proposals, bargaining and compromise, both parties have accepted.  In some cases, the intent of the language is clear; in others it may be less so, as many of the articles have been revised over the years to address the evolving nature of our work and the needs of those who perform it.

 The following are some of the most commonly asked questions by union members regarding our contract.  If you have further questions, contact your shop steward, a union officer, or the Business Agent.

 What is the difference between being a staff or project contract employee?

 Job security.  Staff employees can only lose their jobs after their manager has provided them with the proper notice and time provided in the disciplinary procedure or in the event of layoffs, in which case seniority would become a factor for full-time staff employees and those part-time staff employees who work 32 or more hours per week.  In the event a full-time staff employee were laid off, she would retain recall rights to her job or an equivalent position in her department or, in certain circumstances, elsewhere at WGBH for the next 12 months. 

 By contrast, it is the position of WGBH that project contract employees have no right to, nor should they expect, employment beyond their contract expiration date.  While WGBH may extend or renew project contracts, they maintain that such decisions are made at management’s discretion regardless of any other factors such as work performance, employment history, or project funding.

A project contract employee working full-time in any position not listed in article 4.33 for 24 consecutive months (or 24 months out of 36) is entitled to staff status.  Furthermore, nothing in the contract prevents a manager from either hiring a new employee as staff or converting an existing project contract employee to staff status.

 Who is eligible for health insurance and how does it work?

 Any employee who is regularly scheduled to work 16 or more hours per week is eligible to enroll in one of the employer’s group health plans.  Once enrolled, the employee will be responsible for paying 50% of the premium cost for the first year.  Thereafter, WGBH contributes up to $3,500 for an individual plan and $7,500 for a family plan per year.  If the annual premium for a given plan exceeds these “caps” (as many already have) the employee and WGBH will be responsible for 80% and 20% respectively of the difference remaining.  As the annual cost of a plan increases and the station’s contribution constitutes a smaller share of the total cost, the proportion of the premium being paid by the employee will increase.  However, once that share reaches 25% of the total premium cost, it will remain fixed at 25% of the total premium cost.

 Employees may also enroll in the employer’s group dental plan and are responsible for 25% of the premium.

 How often will I get a raise in pay and by how much?

 AEEF-represented employees that regularly work 16 or more hours per week who have not yet reached the top step in their salary scale receive at least two increases per year: a cost of living increase at the start of the fiscal year and a step increase on their anniversary date.  To calculate your increase find your salary scale in Appendix A of the contract; locate your salary step in the column for the current fiscal year; your anniversary increase will be to the next step in the column for the fiscal year in which it occurs and your cost of living increase will be the same step in the next column.  The cost of living increases negotiated with WGBH are 3.0%, 2.75%, and 2.5% for FY2004, 2005, and 2006 respectively.

 AEEF members who have reached the top of their pay scale receive an annual cash increase of $2,150 at the start of the new fiscal year.

 The salary scales are based on a full-time 40 hour work week, so part-time employees trying to calculate their wages will need to divide accordingly.

 The scales and increases WGBH and the AEEF have negotiated are minimum wages.  Nothing in the contract prevents a manager from granting additional merit increases or hiring an employee at a higher step level.

 How much time off am I entitled to?

 Depending upon years of service, full-time employees  receive up to four weeks of vacation pay per fiscal year and up to 6 weeks of salary continuation (sick time) per anniversary year.    Up to 5 days of salary continuation may be used as personal days and up to 5 days may be used to care for a member of an employee’s immediate family or household.  Employees can carry over up to 1 week of unused salary continuation per year, to a maximum of 4 weeks, for use in the event of a catastrophic illness or injury.  Also, in the event of a catastrophic illness or injury, employees who have exhausted their salary continuation and vacation pay may borrow from their future sick time an amount based upon their years of service.  Employees that are absent from work for 90 days due to illness qualify for long-term disability.

 Part-time employees who regularly work 32 hours or more per week receive 80% of the salary continuation for a full-time employee and pro-rated vacation time.  Part-time employees working between 16 and 31 hours per week receive pro-rated vacation pay and ½ the salary continuation of a full-time employee with equivalent years of service.  Part-time employees who work less than 16 hours per week receive a benefit payment equal to 6.1% of their regular salary in lieu of accumulating vacation time.  Part-time employees hired before September 1, 1991 may choose either the 6.1% or vacation pay, but the decision is final once made.

 Expectant parents receive up to 16 weeks of unpaid parental leave to which accumulated paid leave (e.g. sick time, vacation time) may be applied. 

 All AEEF members who have met the statutory “hours of service” requirements, are covered by the Family and Medical Leave Act (FMLA) which provides up to 12 weeks of unpaid leave for the birth or adoption of a child, to care for an immediate family member with a serious health condition, or when an employee is unable to work due to a serious medical condition.  Accrued paid leave may be applied to FMLA leave by WGBH or the employee.

 In addition, employees located in Massachusetts who meet the requirements for FMLA coverage are also covered under the Massachusetts Small Necessities Leave Act (SNLA) which provides up to 24 hours of unpaid leave to participate in a child’s school activities (i.e. parent-teacher conferences) or accompany either a child or an elderly relative to routine medical or dental appointments.  Once again, accrued paid leave may be applied to the leave by WGBH or the employee.

 Beginning on July 1, 2004, those employees residing in the state of California who are covered by the State Disability Insurance program (SDI) are also eligible for the California Paid Family Leave program which provides up to 6 weeks of paid family leave for “workers who take time off to care for a child, spouse, parent, or domestic partner who is seriously ill and unable to care for him/herself, or to bond with a new child.”  The rate of pay is calculated based on income and is deducted from an individual’s SDI balance.

 Any leaves provided under the contract, which also qualify under the FMLA or SLNA will be counted as both and applied consecutively.

 Are holidays paid?

 Full-time employees receive holiday pay if the holiday is observed by WGBH on a day they are regularly scheduled to work.    If the observed holiday falls on a day that a full-time employee is not regularly scheduled to work, that employee will receive a compensatory day off.  Full-time employees assigned to work on the day a holiday is observed are compensated at a rate of 2 ½ of their regularly pay, or, if exempt, 1 ½ compensatory days.

 Part-time employees who work 32 or more hours per week receive holiday pay at 2 ½ the regular rate while those working between 16 and 31 hours per week receive holiday pay at 1 ½ times their regular rate if the holiday is observed by WGBH on a regularly scheduled work day. 

 Do I receive overtime pay?

 That depends.  AEEF members who work more than 40 hours in a week receive overtime pay at 1 ½ times their regular rate of pay unless their job title is exempt from such compensation.  Article 4.5 of the contract lists all of the job titles that are exempt from overtime pay as well as those which are not.  Please note that Associate Producer is the only exempt position that receives an hour of compensatory time for every hour worked over 40 hours during a regular work week.

 When overtime is assigned it should be done as needed and in a manner that is not discriminatory or retaliatory in nature.

 Any exempt or non-exempt employee assigned to work on a sixth or seventh consecutive day receives overtime pay including a minimum of half a day’s pay at the overtime rate.  Exempt employees may choose to receive compensatory time in lieu of overtime pay for such work.

 Also remember that employees who are required to work more than 2 hours beyond their regular work schedule are entitled to a meal allowance.

Is overtime mandatory?

 Yes, WGBH managers can assign employees work in excess of their regular schedule.  Such assignments should be as needed and not discriminatory or retaliatory in nature.

 Remember that employees who are required to work more than 2 hours beyond their regular work schedule are entitled to a meal allowance.    Also, any employee assigned to work on a sixth or seventh consecutive day receives a minimum of half a day’s pay at the overtime rate.

 Can I lose my job if a new technology is introduced that I am not familiar with?

 No.  As of September 1, 2000, WGBH is obligated to provide training on any new technology that modifies the duties or creates new duties for an existing AEEF-represented employee.

 What should I do if I am injured on the job?

 After seeking medical help you should file an accident report with the Human Resources office.  If you expect to miss 6 or more days of work, you qualify for Workers’ Compensation and should inform human resources as well as your shop steward or any union officer.  If you believe a health and safety hazard exists you should contact a union officer.