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WBAI upaid staff union agreement


RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SALE OF STATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . .

MANAGEMENT RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . .

UNION BULLETIN BOARD . . . . . . . . . . . . . . . . . . . . . . . . . .

DEFINITIONS OF STAFF . . . . . . . . . . . . . . . . . . . . . . . . . .

GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . .

NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . .

NO STRIKE BREAKING . . . . . . . . . . . . . . . . . . . . . . . . . . .

HIRING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


RECALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISCHARGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COVERAGE OF DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . .

LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . .

HEALTH & SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . .


CHILDCARE ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .

NEW TECHNOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BEREAVEMENT LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . .

MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AUTHORITY OF UNION REPRESENTATIVES . . . . . . . . . . . . . . . . . . .

MODIFICATION & TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . .

The Unpaid Staff Organizing Committee

Agreement entered into between Pacifica Foundation, its successors and assigns, hereinafter called Employer or Manager or Management and said Foundation owning and operating radio station WBAI-FM in New York City, New York, hereinafter called Station, and the Unpaid Staff Organizing Committee hereinafter called the Local or Union.

"The Pacifica Foundation and WBAI recognize the WBAI Unpaid Staff Organizing Committee as the sole exclusive bargaining agent for all unpaid staff for the purposes of collectively bargaining in regard to all conditions relating to service to the station."

Management will not perform work normally performed by bargaining unit members except in an emergency.


The Employer further agrees that in the event of the sale of the Station, the new owner(s) shall recognize the Unpaid Staff Organizing Committee as the sole bargaining agent for the unpaid staff and shall accept this collective bargaining agreement in full. Pacifica Foundation agrees to notify the Union six months in advance of an impending sale, frequency change, power change as defined by F.C.C. regulations, or relocation of the station premises, and, in the event of a complete shutdown of the Station, shall meet with the Union to discuss the reasons for and alternatives to a Station shutdown, and any other effects not specifically covered by this agreement.


The Union recognizes that subject to the express provisions of this Agreement and of applicable State and Federal law and the Rules and Regulations of the Federal Communications Commission, the supervision, Management, and control of WBAI, its operations, and business are the exclusive functions and rights of the Pacifica Foundation in conjunction with the Paid and Unpaid Staff.


A. The Manager shall hold meetings open to all Paid and Unpaid Staff at least three times a year, attendance at any one of which shall be compulsory for Paid and Unpaid Staff, but either Union or Management may call additional meetings.

B. The Program Director shall also hold meetings, separate from the General Manager s meeting, with all Paid and Unpaid programming Staff at least two times a year, attendance at any one of which shall be compulsory, but either Union or Management may call additional meetings. Management will ensure that directors and coordinators (as defined by Pacifica Personnel Policy) shall convene a meeting of all members of their area at least three times a year, but either Union or Management may call additional meetings.

C. The Manager shall report on audience building, affirmative action, state of the station, fundraising, and other such matters she/he deems pertinent. The Manager shall establish and post an agenda for meetings in consultation with the Union. Management must give 14 days written notice of these meetings.


Management shall provide the Union with a bulletin board in the Station for Union use.


A. FULL TIME STAFF include persons paid to work not less than 35 hours per week for Employer.

B. PART TIME STAFF include persons paid to work from 10 to 35 hours per week for Employer.

C. HALF TIME STAFF include persons paid to work at least 17.5 hours per week, but less than 35 hours per week.

D. A TEMPORARY EMPLOYEE is a person paid to work for a short period of time, not to exceed three months. Work study positions shall not be considered temporary employee positions and shall not be used to replace temporary employees.

E. INTERIM STAFF include persons who fill paid positions vacant due to leaves of absence, vacations, maternity or paternity leave, resignations, suspensions, discharge, etc., and shall last from three months to one year. Work study positions shall not be considered interim employee positions and shall not be used to replace interim employees.

F. UNPAID STAFF shall consist of those persons who shall have filled an Unpaid or Paid WBAI Staff position for not less than four months, and who shall work for WBAI at least ten hours per month or twenty hours over a two month period, including preparation and producing of programs and other station operations. Persons who work as marathon telephone volunteers do not qualify as Unpaid Staff. Following discussions with the Program Director and the person he or she designates, producers will participate in on-air fundraising to balance out programming and fundraising requirements.

G. CONTRACT PERSONS/CONSULTANTS include persons who work for under six months at a specific temporary job, which shall always be posted for a minimum of three weeks, except in emergency to be agreed upon by Manager and Shop Stewards and Union President. Contract workers are not to be used to replace eliminated Staff positions, not to be used to impinge on Staff functions, and not to be used to alleviate chronically understaffed jobs. If Employer wants contract worker to continue past six months, she/he shall consult with Union to determine whether a permanent hire should take place.


When a disagreement arises between Management and Staff over disciplinary actions, wages, hours, and working conditions, a grievance may be filed.

STEP 1. The station steward(s) and the WBAI employer representative shall discuss the grievance orally. The aggrieved worker(s) shall be present unless circumstances prevent his/her/their participation. If the matter is not satisfactorily settled within ten days, or within an extended period of time mutually agreed upon in writing, it shall be referred to STEP 2.
STEP 2. The grievance shall be submitted in writing by a designated Union Committee or a Union-designated representative to the Employer. Within ten days, the Employer shall submit a written answer to the grievance. The Union-designated representatives and the employer representative shall meet within ten days of the time said answer is submitted by the Employer. Special meetings at STEP 2 on a matter deemed to be of great importance or urgency by the Union officers and/or steward(s) shall be held within one day after a request by the Union.
STEP 3. All grievances not settled by STEP 2 shall be submitted to a Grievance Review Committee, consisting of one representative chosen by Management, one member chosen by the Union, and a third party agreed upon by the Union and Management. The Grievance Review Committee will usually consist of three people, but if either side requests an expansion, both Management and the Union may select two representatives each to serve on the Committee with the mutually agreed upon fifth party. This committee will render a decision binding on both parties within two weeks of its first meeting. The Grievance Review Committee shall not have the power to amend, abrogate, modify, or delete any of the terms of this Collective Bargaining Agreement. Retroactivity, if any, shall be decided by the Committee.

Neither Employer nor the Union shall engage in or tolerate discrimination based on race, religion, creed, age, disability, sex, sexual orientation, national origin, Union activities, or political beliefs. Special care shall be taken to train and promote those who, by reason of race, sex, disability or sexual orientation have experienced discrimination in the past.

Employer and Union will make every effort to bring the ethnic and sexual composition of the Paid and Unpaid Staff as closely as possible in line with the ethnic and sexual composition of the signal area of WBAI.


No worker will be required to pass a legitimate picket line as defined by Unpaid Staff Organizing Committee or be assigned, transferred, or required to go to any radio station, transmitter, or studio at which a strike is in progress, or to originate, duplicate, or transmit by any means, a program or programs especially for such a station. No worker will be required to broadcast or process in any way any program or program material produced at any facility while a strike is in progress at that facility. The provisions of this Section will be enforceable only to the extent that they are compatible with existing law. STRIKE SANCTION: Employer will be given 24 hours notice in writing of an impending strike. Employer will be immediately notified of application for strike sanction in writing.



B. Within ten (10) days of an employee giving notice or Management giving notice of discharge, if Management decides that the job will be filled, the job must be posted. The posting shall be up for four weeks for permanent positions, and two weeks for interim and temporary, unless the Union and Management agree to a waiver. The hiring process may be extended by Employer if no suitable applicant is found. The Union shall have a bulletin board in the station where such notice shall be posted. All job postings will be dated, and copies for all Shop Stewards and Union Officers will be placed in a designated Union mailbox, and the mailbox of each Shop Steward and Union Officer located at the station. For the purpose of advising the Employer of the qualifications and suitability of prospective permanent and interim employees, Employer shall convene a committee called the Applicant Review Committee. This committee shall consist of the Manager or her/his designated representative, the director or coordinator of area in which the applicant's position exists, Paid Staff member of the area if applicable, an Unpaid Staff person from the same area, and a non-voting Affirmative Action Officer. Selection for each of the representative positions on the Applicant Review Committee shall be made by those whose position is to be represented within fourteen days of Manager's request, unless both parties agree to an extension. If no selection is made within the appointed time, Management may appoint the members of the Applicant Review Committee. The final decision on hiring is the responsibility of the General Manager.

C. The Applicant Review Committee shall schedule and conduct interviews (either in person or telephonically) with job applicants and no permanent employee shall be hired until an interview by the Applicant Review Committee has been completed, and a recommendation submitted in writing to the Manager, which shall be completed within three days after the interview. If for some reason, the Director or coordinator of area in which the applicant's position exists, Paid Staff person, or the Unpaid Staff person cannot participate in the Committee, these individuals can be drawn from the nearest relevant department.

D. The Affirmative Action Officer shall be jointly appointed by both Management and Union, report to both, and shall serve at the pleasure of both for a one-year term which can be reneweable by mutual consent of both parties. The Affirmative Action Officer will insure that affirmative action guidelines are followed in all hires. In the case of interim jobs of a foreseeable and recurring nature, an Applicant Review Committee shall be constituted and meet at least once to consider applicants and make a recommendation to Employer. The Employer shall post written notice of each hire, and will notify all unsuccessful candidates as soon as possible after the position has been filled.

E. Transfers: Management shall make no lateral transfers of Paid Staff from one department or position to another without the consent of the person being transferred, following consultation with the Chief Steward and subject to the grievance procedure.

F. It is the continuing policy of Management that the provisions of this agreement shall be applied to all qualified employees and that such persons shall be given equal employment opportunity, in accordance with existing State and Federal laws, without regard to race, color, religious creed, national origin, sex, sexual preference, age, veteran status, or mental or physical disabity as defined by law.

Without limitation of the foregoing, it is the ongoing policy of Management to take positive action to assure compliance with all applicable State, Federal or Municipal laws in the area of equal employment opportunity and to support and apply Pacifica Foundation s and WBAI s programs of affirmative action for the employment and advancement of qualified females, minorities, disabled persons, disabled veterans, veterans of wars and those formerly incarcerated.


All new UnPaid Staff shall be on probation for the first three months of employment, during which time, if a worker's performance is deemed unsatisfactory, he or she may be dismissed without further cause. After the probationary period,UnPaid Staff shall become Union members and shall be considered permanent. Upon implementation of this Contract, all UnPaid Staff already employed for three months shall be considered permanent.


The local officers ,Union stewards &/or union representataives shall participate in the station's annual budget process. Stringer fees, claims for back wages, and contract work payments shall be included in this discussion.


A. Before hiring new employees covered by this Collective Bargaining Agreement, the Employer shall recall all employees on layoff within the previous one year from the work area in which the vacancy exists in order of their seniority. Employer will make every effort to recall employees into their former jobs.

B. The laid-off employees shall be responsible for keeping the Union and/or Employer informed in writing of his/her current address. If within ten days of receipt of a mailgram to return to work, such laid-off employees have not informed the station Management in writing of her/his intent to accept the recall, Management shall deem the person to be no longer available. After informing the Station Manager of his/her intention to return to work, the employee shall do so within 16 days of receipt of recall notice. Failing to observe the above time limitations, such employee shall forfeit all rights to any job with the Employer.


A. Upon conclusion of the probationary period, not to exceed three months, Unpaid Staff may be discharged only for just cause. The employee shall be notified of termination in writing and a copy shall be sent to the Union. Employer shall state in the discharge message to the employee and the Union the reason for such discharge.

B. Notice of discharge: Written notice of discharge shall be given to the employee involved not less than two weeks prior to the termination of employment, consistent with the conditions of progressive discipline, as explained in D.

D. The principle of progressive discipline shall govern all relationships between Employer and its workers. This means that no adverse action shall be taken against a worker unless preceded by adequate warning and/or criticism of work or conduct.

Additionally, no more severe measures shall be implemented against an employee until less severe methods have been tried and failed. The above principle of progressive discipline does not mean that Employer may not issue a severe discipline prior to first having issued a mild one. If the issuance of a mild discipline prior to first having issued a more severe one would seriously impair the stable functioning of Employer, then Employer shall be free to issue such discipline, including immediate discharge without severance pay, subject to arbitration process described under Grievance Procedure, as it considers appropriate, without being deemed to have violated the principle of progressive discipline. The disciplinary measures available in order of severity are: 1) Written warning; 2) Probation; 3) Suspension without pay; 4) Discharge. Written warning shall include the specific criticisms and the nature of the measures which are required to show improvement. When a worker is placed on probation she/he shall receive written notification not only of the specific criticisms giving rise to the probation, but also of a clear definition of the conditions of probation and the measures necessary to restore the worker to full rights. Suspension must be accompanied by a clear written statement of Employer's expectations of the worker upon his/her return to work. No issuance of probation, suspension, or discharge shall be made without there first being at least one informal meeting between the worker, a representative of the Union (if so requested by the worker), and a representative of Employer. Employee shall be notified in writing with regard to this meeting And given at least two weeks notice to set up a meeting convenient to all concerned parties.

With respect to discharges, if the worker grieves the discharge, the grievance shall commence at step 2 of the grievance machinery. The provisions of this article do not apply to temporary employees and volunteers.

Disciplinary measures taken five or more years previously shall not be used against a worker, nor be counted as an element of progressive discipline.


When an employee is to be absent due to a scheduled vacation for two months or less, a temporary hire shall fill in for the lost work time at the request of a Paid or Unpaid Staff member in the affected department. First consideration will be given to the qualified current station workers. When an employee is to be absent due to an unpaid, Management-approved leave, he/she shall be given a full-time replacement. No temporary hire will last more than two months without an Applicant Review Committee being formed for an interim or permanent replacement hire subject to the hiring procedure. Persons holding that temporary position may be discharged without cause.


A. Leave of absence: A regular employee who has completed two years of service may take a leave of absence 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.

B. Parenthood leave. Employer shall, upon written application, grant any regular employee a special leave of absence of up to twelve months for maternity/paternity reasons, with full reinstatement privileges and without loss of seniority. The interim hire may last up to twelve months for maternity/paternity leaves. If both parents are employees, then only one may take a leave of absence, or both may negotiate a shared leave. Female employees shall be entitled to six weeks of paid maternity leave; male employees shall be entitled to five weeks of paid paternity leave; single parents shall be entitled to twelve weeks maternity/paternity leave.


A. Employer and Union recognize the right of the employees to secure, safe, healthy, and non-toxic working conditions. The Staff shall become familiarized with the different types of potential job hazards and the correct methods used to control them.

B. A Health & Safety Committee will be established consisting of representatives from Staff and employer. Its function shall be to provide health and safety education for incoming employees, to monitor health and safety conditions in the station, and to review complaints regarding any unsafe or hazardous working conditions at the station.

C. Any worker has the right to walk off a job that poses an imminent hazard to her/his safety and/or health, without loss of pay.

D. Smoking will be permitted only in areas designated by the Health & Safety Committee and in accordance with federal, state, and local regulations.

E. Any dispute regarding health and safety that cannot be settled by the Health & Safety Committee shall be subject to the Grievance Procedure.

F. It is expressly understood by both Management and the Union that under no circumstances are these health and safety provisions to be construed to grant Management authority to unilaterally implement any type of program of drug and alcohol testing without the prior consent of the Union.

G. Management and the Union agree to comply with the provisions of the Americans with Disabilities Act of 1990.

Management shall take reasonable stops to provide reasonable accommodations to disabled workers and applicants as required by the Americans with Disabilities Act. Should such accommodation have an adverse effect on bargaining unit members, Management shall negotiate with the Union prior to its implementation. Nothing in this agreement shall supersede an employee s statutory legal rights and/or remedies.


A. All persons required to travel in connection with WBAI or Pacifica Foundation business shall be reimbursed, provided such travel or transportation is authorized by the Employer [such as for moving of equipment]. Allowance for use of private car shall be $.30 per mile; taxi fares shall be reimbursed in full.

B. Workers shall not be required to use their own automobiles unless it is a condition of hire or they consent thereto. Consent for use of automobiles for station functions regarding current workers shall be made under separate agreement between the Union, Employer, and affected employees.

C. For all authorized expenditures made in connection with their work assignments, employees and others entitled to reimbursement for expenditures shall be reimbursed within thirty days following procedures prescribed by Employer.


A. Employer shall reimburse WBAI workers, including temporary employees, for childcare expenses for children through age 12 years, up to a maximum of $125.00/child/month for full time workers. Part time workers will be reimbursed at the rate of $.73 per child for each hour worked, up to $125.00 a month maximum. Employee will submit proof of expenditure for expenses incurred for childcare services for WBAI workers.

B. Employer shall reimburse Unpaid Staff for care of children under 12 years of age or those who require special attention while Staff perform regularly assigned station duties approved by their department head, at $.73 per child per hour worked, up to a maximum of $125.00 per month. Part time Staff will be reimbursed at the rate of $.73/child for each hour worked. Employee will submit proof of expenditure for expenses incurred for childcare.


In the event of the consideration of the introduction of any new technologies, Management shall notify the Union, via certified mail, in writing six (6) months in advance. Once notification is given, the Union and Management shall meet to discuss the possible impact on workers and their jobs at the station. Copies of this notice shall be given to all Shop Stewards and Union Officers.

Orientation, training and access to present and new technology shall be made available to Unpaid Staff.


Employees shall be entitled to up to three (3) days bereavement leave in the event of the death of a member of the employee s immediate family. For purposes of this section, immediate family shall include: spouse or domestic partner, child or step-child, parent or step-parent, sibling, mother-in-law or father-in-law, grandparent, grandchild or other relatives residing in employee s household..


A. In the event that any Federal or state legislation, or government regulation, causes invalidation of any article or section of this agreement, all other articles and sections not so invalidated shall remain in full force and effect.

B. EMPLOYEE CONTRIBUTION TAX SHELTERED ANNUITY PLAN Effective October 31, 1992, Pacifica has established a Tax Sheltered Annuity (TSA), 403(b) plan for employee contributions. Employees shall be informed how to exercise their option to make contributions to the plan.


A. Union representatives 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 will be harmful or disruptive to the continuity of programming or broadcasting at WBAI. If the Station Manager so finds, the Union Representative shall be relieved at the earliest possible moment at which she/he can be relieved without any of the aforementioned consequences.

B. When any Union Representative is relieved from duty on her/his regularly scheduled shift to attend to grievance matters, she/he shall not lose any pay therefrom, but she/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.

C. 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 to attend district or national convention, or to participate in negotiations without loss of seniority or benefits.


A.This Interim Agreement shall remain in full force and effect until a new agreement is reached. Nothing herein contained shall prevent the parties hereto, if they so desire, from modifying any part of this contract by consent, without the necessity of redrafting the entire Agreement.

C. Legal notification by Employer as specified herein shall be accomplished by notifying Unpaid Staff Organizing Committee with copies to all Shop Stewards, Union Officers .

D. Legal notification by Union as specified in this contract shall be accomplished by notifying Pacifica Foundation,WBAI-FM,

E. All notices required by this agreement are to be in writing and shall be mailed first class, certified, return receipt requested.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers and sealed with their respective seals, the day and year first above written.








A. The Program Council will be the central forum for discussion and implementation of program policy, content, and format at WBAI. It will be the main institution for producer input into programming decisions for discussion of long-term programming goals, for on-air fundraising and audience-building, for planning, and for evaluation of the results thereof. The Program Council will review program quality and standards, and will conduct annual reviews of WBAI's goals with respect to air sound, audience- building, listener support, community access, and training.

B. Recognizing that the Program Council is a new and experimental process at the Station, it is recommended that the Program Council's processes and structure be reviewed at regular intervals, i.e. every 6 (six) months, by the General Manager and Union Officers with the assistance, if necessary, of outside consultants. The purpose of such reviews is to assure that program planning be efficient, open, fair, nonsexist, and nonracist. The following structure is submitted to WBAI as a beginning to an evolving process. The Council itself may design procedures for its internal work, such as agenda setting and/or subcommittee work.

C. The Program Council shall include the Program Director, Executive Producer of Arts, Executive Producer of Information, one News employee, Operations Director, and one representative elected by unpaid producers from information, arts, and at large.

D. The Program Council shall make programming recommendations by consensus when possible, by majority when necessary. Final decisions shall rest with the Program Director and/or General Manager.

E. It is understood that the owner of WBAI's license, Pacifica Foundation, is bound by the terms of that license and relevant federal statute and regulations to maintain control of the air, and the licensee has delegated this responsibility to the chief officer of the station, the General Manager.

F. The Program Director, Executive Producer of the Arts, Executive producer of Information, and/or Operations Director shall review/evaluate programming using standards established by the Council and shall report such reviews/evaluations to the Council.

G. The Program Council shall meet a minimum of every two weeks.

H. All members of the Program Council are required to attend all meetings, absent a valid excuse.

I. The makeup of the Program Council shall remain in place for three months following ratification of the Union Contract.


1. A producer shall be sent written warning when the Program Council, Program Director or Executive Producers is/are considering cancelling a program at least two programs in advance.

2. A producer shall have the right to appeal to the Program Council any permanent decision made with respect to his/her program.

3. Producers trying to get on the air at WBAI must submit program ideas to appropriate programming Staff in writing. The Program Council may establish standards for evaluating proposals.

4. All procedural issues of the Program Council may be grieved.

If you are in accord with the foregoing, please indicate approval by signing below.

Very truly yours,






This is to confirm that Pacifica's current policy mandates participation of Paid Staff, Unpaid Staff, and Local Board representation and the Executive Director on any screening committee for General Manager. Current practice at WBAI is to include three representatives elected by Paid Staff, three representatives elected by Unpaid Staff, and three representatives elected by the Local Board. If there is any change contemplated in either this policy or practice, the Union will be given notice of these discussions and will be given opportunity to provide input. Final authority to hire or fire a General Manager rests with the Pacifica Executive Committee.

Similarly, the current practice of the Station is to allow representatives of Paid and Unpaid Staff to participate in the screening committee of the Program Director. If any change is contemplated in this practice, the Union shall be given every opportunity to provide input into such discussions. Final authority to hire or fire a Program Director rests with the General Manager.

Executive Director

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