Contract between IATSE Local 796 and Fox Sports Southwest and Lone Star Mobile Television

Contract between

IATSE Local 796 and

Fox Sports Southwest and Lone Star Mobile Television

This Agreement is made and entered into on April 1, 2007 by and between Lone Star Mobile Television and Fox Sports Southwest (distinct and separate employers which are part of a voluntary multi-employer unit), herein designated as "Employers," and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists, and Allied Crafts of the United States, its Territories, and Canada, AFL-CIO CLC, and its Local 796 of Texas, herein designated as "IATSE" or "Union."

This Agreement describes elements of a mutually supportive alliance between the parties above. The Union fully supports the Employers and purposes to work for the financial success and business benefit of the Employers in all aspects of the Employers’ television business endeavors. The Employers fully respect and appreciate the Texas Freelance Union Employees, and purposes to employ them as fully as reasonably possible, to pay them fairly for their work, to participate in providing of employment benefits, and to encourage them in their career growth.

Section I Recognition, Jurisdiction, and Application of Agreement

Article A
The Employers hereby recognize the IATSE as the exclusive bargaining representative and agent for all freelance technical production crew members employed by Employers in the job classifications described below in connection with live broadcast and recording of sports events within the State of Texas, and for Employees residing within the State of Texas and hired for work outside the State of Texas. Employers’ equipment is not under the jurisdiction of the Union.

Article B
The following Crew Positions are to be included under this agreement. This list may be updated from time to time with the consent of all parties to reflect changing equipment and production positions.

Technical Director, Audio Mixer (A-1), Audio Assistant (A-2), Video Operator (V-1), Video Assistant (V-2), Graphics Operator, Font Coordinator, Camera Operator (including directly and remotely operated units), Videotape Operator, Digital Recording Device Operator, Stage Manager, Utility, Runner, Statisticians, Score Box Operator, Parabolic Utility, Red Hat/Time Out Coordinator.

Article C
All Employees not covered under Article B above, including persons and categories covered under other Employers’ collective bargaining agreements, maintenance personnel (e.g., Maintenance Engineers), mobile unit engineers, transportation personnel (e.g.. Drivers), and management and security personnel are not included under this agreement. In addition, Employers may use staff or salaried personnel of the Employers, or affiliated companies, for crew positions if (i) there is an emergency need to cover that position and no one else is available, or (ii) for any reason but not more than 10 times in a year in the State of Texas.

Article D
This Agreement shall be applicable to all Employees registered and engaged through the Employers' offices to perform work within the job classifications or categories contained herein, subject to this Section I. The wage scales and working condition provisions of this Agreement shall be minimums and, Employees shall not be precluded from obtaining better conditions than those outlined in this Agreement. The parties acknowledge that productions other than those contemplated herein (professional sporting events and NCAA Division 1 football & men’s basketball) may arise. The parties shall meet and confer as to modification, if any, that should take place for work performed on non-sports related shows. If no such agreement is reached one week prior to the event, the terms and conditions of the Agreement shall apply.

Article E
The Union recognizes that the primary business of the Employers is providing technical services to their clients, and that those clients decide what staffing, if any, the Employers will provide. This Agreement is only applicable to crew members that the client asks the Employers to provide.

Article F
Listing of the above classifications is not intended to create individual or collective exclusive jurisdictions, staffing requirements or manning requirements. There is full interchange of duties and cooperation among the crew, and also between the crew and other personnel who are involved in or responsible for the production.

Section II Union Security

Article A
Within thirty (30) calendar days of initial hire of any Employee covered by this Agreement the Employers shall notify the IATSE of the name, address, social security number, date of hire and classification of the Employee. The Union shall, upon verification of qualifications, offer to include such Employees onto the Referral List under the provisions described in Section IV.

Article B
The Employers agree to deduct certain Union dues and fees from all wages earned by Employees covered by this Agreement who have authorized said deductions. The Union shall notify the Employers of the percentage of gross wages owed and will maintain a signed dues deduction authorization form for each Employee. The Union will make such authorizations available to the Employers effective with the start date of this Agreement and thereafter on an annual basis. The Union will also submit to the Employers on an ongoing basis a list of all Employees who have chosen to withdraw their authorization of said check-off forms. The Employers shall provide to the Union summary wage reports at least monthly for all Employees covered by the terms of this contract.

Article C........ Subcontracting

Element 1
The Employers may not subcontract with third parties for the performance of work within the scope of this Agreement unless the Employers determine that insufficient qualified freelancers are available in the market and / or special skills or equipment is needed and cannot be supplied by the Employers.

Element 2
Prior to implementing substantive changes in past practices with respect to staffing/manning requirements or to subcontracting, the Employers shall give notice of such intended changes and the opportunity to discuss the situation prior to implementation. The requirements of this paragraph are not applicable to subcontracting caused by equipment limitations. The Employers shall endeavor to inform the Union of such changes at least thirty (30) days prior to implementation, or as soon as practical if changes are to be made with less than thirty (30) days notice.

Section III. Management Rights

The Union recognizes the Employers’ inherent and traditional right to manage their business, to direct the work force, and to establish and modify the terms and conditions of the Employee's employment except as such right is expressly limited by specific provisions of this Agreement. The exercise of these management rights is vested exclusively with the Employers. All matters not specifically and expressly controlled by language of this Agreement may be administered for its duration by the Employers in accordance with such policy or procedure as the Employers from time to time may determine.

Specifically and without limiting the generality of the foregoing, the Employers have the sole exclusive right:

* To hire, suspend, transfer, promote, demote and discipline Employees and to maintain and improve their discipline and efficiency;

* To lay off, terminate, or otherwise relieve Employees from duty;

* To eliminate, change or consolidate jobs;

* To install new jobs;

* To direct the method and process of doing work, and to introduce new and improved work methods or equipment;

* To determine the location where work is to be performed;

* To determine the starting and quitting times, the time for lunch and rest breaks, the number of hours to be worked, and the Work Week;

* To make and modify rules and regulations that the Employers deem necessary for the conduct of their business and to require their observance.

* To determine complement, size, and positions required by any job.

Section IV Hiring Practices

Article A......... The Referral List
The Union will maintain and provide to the Employers a Referral List of qualified individuals as well as the positions for which each is qualified. Inclusion of an individual on the Referral List constitutes a representation by the Union that it has examined the experience and qualifications of that individual and has determined that the person is qualified to perform the jobs indicated. The Union will accept to the Referral List all Employees of the Employers without discrimination of any kind and regardless of Union membership. It is understood that Employees referred by the Employers will be determined to have met the minimum qualifications necessary for inclusion on the Referral List.

Article B........ Preference of Employment
To the extent that the Employers are in need of qualified persons to perform work covered by this Agreement, it will give preference of employment, provided qualifications as determined by the Employers are acceptable, to Employees currently referred for work by the Local Union (the Referral List) so long as a qualified person is available. The Union agrees that the Employers are not obligated to recognize seniority when hiring from the Referral List.

Article C........ Irregularities and Exceptions
The Employers may hire any person for one event outside the Referral List, but such person must be referred to the Union for inclusion on the Referral List if their performance was deemed to be acceptable by the Employer(s). Employers may hire anyone at any time even if not on the Referral List, but such hires are limited to an aggregate of ten (10) days of hire per year per Employer. If a client of the Employers, not including any parties to this agreement, requests an Employee for an event, then the Employers may hire that individual whether or not the individual is on the Referral List and will not be applied against the aggregate of ten (10) days described above in this Article C. If, in a designated location other than Houston, Dallas, and San Antonio there are insufficient Employees available for employment from the Union’s Referral List in such designated location, the Employers may hire any person, however before hiring such person a 4^th time in the same calendar year that person will be required to be included on the Referral List..

Article D........ The Hire List
The Employers shall maintain their own Hire List based on fair and equal criteria applied uniformly to each person on the Referral List.

The Employers and the Union agree that qualified, experienced personnel, as determined by the Employers, shall staff all positions unless training arrangements have been made in advance.

Article E........ Just Cause
Employees may be moved within or removed from the Employers’ Hire List at the Employers’ discretion for just cause.

Article F......... Open Union and Referral
The Union agrees that it is and will continue to be an open union, and that it will keep its membership rolls open to admit to membership Employees engaged by the Employers and otherwise meeting membership criteria. The Union agrees not to impose any fees in excess of customary and normal fees required of members and those on the Referral List to the Union upon eligible Employees of the Employers who wish to join the Union or wish to be referred by the Union. The Union agrees that fees and obligations for Employees who only want to be Referred by the Union (as provided in Section IV, Article A) will be generally based upon costs and liabilities incurred by Union to examine, qualify, and represent all of the Employers’ Freelance Employees. Referral fee shall not be subject to payroll deduction.

Article G........ Employee Replacement Obligation
If an Employee has been offered an event to work and the Employee accepts that offering, the Employee may not cancel unless a replacement satisfactory to the Employers is found. The Employers shall assist the freelancer by providing names and phone numbers of other workers that would be acceptable replacements, but it is the responsibility of the Employee to find the replacement. This Article shall not apply to cancellations due to medical or other emergency. If the Employer agrees to accept responsibility for the substitution, no further action is required on behalf of the Employee.

Section V No Discrimination

The Employers and the IATSE agree that in applying the terms of this Agreement there will be no unlawful discrimination based upon race, color, religion, gender, sexual orientation, age, national origin, or other statutorily protected status. Arbitration provisions shall not apply to this Section V if an Employee has recourse via State or Federal agencies of competent jurisdiction.

Section VI No Strike, No Lock Out

During the term of this Agreement there shall be no strikes or picketing by the Union or Lockout of Employees by the Employers. It shall be understood by and between both parties to this Agreement that honoring a lawful IATSE picket line, sanctioned by the International President, shall not constitute a cause for discipline as defined by this Agreement.

Section VII Stewards

The Union may appoint one Steward for each production. No Steward shall be subject to penalty, discipline, layoff, or discharge for any act in the performance of his/her duties as Steward and acting by the authority of the Union provided he/she continues to perform his/her job responsibilities in a manner acceptable to the Employers. The Employers must provide crew lists in advance so that a Steward may be assigned. (Posting the list on the Employer’s website shall be considered adequate under this provision.)

Section VIII Access

Up to two representatives of the Union shall be permitted access to all sites where persons covered by this Agreement are performing services.

The Employers are not responsible for restricted admittance policies, but will use their best efforts to assist Union Representatives with access difficulties.

Section IX Grievance and Arbitration

Article A
In the event that the IATSE or the Employer contends that there is a violation of a provision of this Agreement the following procedures shall be applicable:

Element 1
Within ten business days of the time the Employee or the Union on the one hand or the Employer on the other hand knew (or reasonably should have known) of the event giving rise to the grievance, the grieving party must give written notice to the other party of the claim. No grievance may be filed later than 90 days after the grieved event except in the cases of reasonable and timely payment of health and welfare benefits or Employee compensation.

Element 2
A representative of the IATSE and a designated representative of Employers shall, within ten (10) business days after service of notice of the claim, confer by phone and discuss the matter and attempt to effect a settlement of said controversy or dispute.

Element 3
In the event that such controversy or dispute is not settled by the Employers and the IATSE within twenty (20) business days after the notice given pursuant to Element 1 above, or within ten business days after the conference referred to in Element 2 above, then such controversy or dispute may be submitted to arbitration. The demand for arbitration must be made in writing by either the IATSE or the Employer no later than forty (40) business days after written notice referred to in Element 1 above. Each party shall bear half the cost of the arbitrator's fees and expenses.

Element 4
An arbitrator shall be selected from a lot obtained from the Federal Mediation and Conciliation Service, or the American Arbitration Association at Employers’ expense, by alternate striking of names, with the Union going first.

Article B
The arbitrator shall have no power to modify, add to, or subtract from the terms of this Agreement, but shall only determine whether the Agreement has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement.

Article C
The decision of the arbitrator, within the limits indicated above, shall be final and binding upon the grievant and all parties.

Article D
If a grievance is not processed at any stage in accordance with stated time limits, it shall be deemed withdrawn. All time limits are subject to extension, but only by mutual written agreement.

Article E
The Employers are not bound by any past practices or understandings except to the extent such past practice or understanding are specifically stated in this Agreement. Past practice may be used in interpreting or applying an express term of this Agreement, but shall not be used to add or modify the express terms of the Agreement.

Section X Minimum Conditions

Article A......... Wages
The minimum Contract Wage Rates and conditions shall be as outlined in Appendix A. All contract rates will be increased as follows:

April 1, 2007 through March 31, 2008: Increase rates by three percent (3%);

April 1, 2008 through March 31, 2009: Increase rates by three percent (3%);

April 1, 2009 through March 31, 2010: Increase rates by three percent (3%);

April 1, 2010 through March 31, 2011: Increase rates by three percent (3%);

April 1, 2011 through March 31, 2012: Increase rates by three percent (3%).

Article B........ Work Day and Work Week

Element 1
A regular Work Day shall be computed by totaling the number of hours between the time an Employee reports to work at the mobile unit (but no earlier than specified by the Employers) and the time the Employee is dismissed by the management representative or EIC on site at the end of such work day, including meal periods.

Element 2
Unless otherwise specified, a Work Day shall be considered to be 10 hours.

Element 3
The work week is currently defined as Sunday through Saturday for LSM and Monday through Sunday for Fox. The Work Week may be amended from time to time, not to exceed three times per calendar year, upon a thirty day notification to the Union. If any party wishes to discuss this provision, such meeting will occur within the thirty day notification period.

Element 4
All Employees shall be guaranteed a 10 hour minimum for each day worked.

Article C........ Late call

Element 1
Freelancers who are not available to work a full day may be offered and accept a late call. Late call rates are based on a 6-hour minimum workday. Late call base rate will be at the Late Call classification hereinafter provided in Appendix A. Any work performed after 7 hrs. will be paid as overtime at 1½ times the applicable Contract Rate. The Employers shall have not more than 2 technicians per show on a late call.

Element 2
The following positions shall not be subject to a late call without the mutual agreement of the technician, the Union Business Agent, and the Employers:

Technical Director

Audio Mixer (A-1)

Audio Assistant (A-2)

Video Operator (V-1)

Digital Recording Device Operator

Graphics Operator

Article D........ Overtime

Element 1
Employees shall be compensated at the overtime rate of 1 ½ times the regular rate of pay hereinafter provided in Appendix A after 8 elapsed hours in one (1) day OR after 40 elapsed straight time hours in one (1) work week.

Element 2
Employees covered under Late Call the provisions (Article C above) will be paid overtime for any actual hours worked in excess of seven (7) hours in any one work day or any actual hours worked in excess of forty (40) straight time hours in any Work Week, compensated at 1 1/2 times the regular rate of pay hereinafter provided in Appendix A.

Element 3
For Employees, any actual hours worked in excess of 14 hours in any one work day shall be compensated at 2 times the regular rate of pay hereinafter provided in Appendix A.

Element 4
It is specifically understood that there shall be no pyramiding of overtime pay and other premium payments made under any of the provisions of this Agreement.

Element 5 Holidays
If an employee is engaged to work or travel on any of the holidays listed below, the employee will be compensated at the rate of one and one-half (1 1/2) times his/her applicable rate of pay for the daily guarantee. Employees shall be paid two (2) times their base rate of pay for all hours worked in excess of the minimum guarantee.

a. Effective in 2007, Christmas Day shall be deemed a holiday. The Christmas holiday shall start at 6 p.m. on Christmas Eve and end on midnight at the end Christmas Day.

b. In 2008, Thanksgiving Day shall be added as a holiday

c. In 2009, Labor Day shall be added as a holiday

d. In 2010, Independence Day shall be added as a holiday

Article E........ Meal Periods:

Element 1
Employees whose actual Work Day exceeds six (6) hours shall receive a one (1) hour meal period. All meal periods shall be compensated starting and ending at the mobile unit. The meal period shall be scheduled as near to the midpoint in the workday as possible.

Element 2
In the event a crewmember whose actual Work Day exceeds six (6) hours misses all or part of a meal break due to work, he/she will be compensated an additional hour at one and one-half (1½) times their straight Contract rate of pay. In order for an Employee to receive a missed meal authorization, the Employee or the Union Steward will inform the Employers (EIC) or the client (Producer or Tech Manager) of the Employee’s need to work through the meal period or change the work schedule to accommodate the full meal period.

Element 3
In the event the Employers elect to cater meals on site, the meals will be no less than a decent box lunch. The Employers will make arrangements for food to be served in a comfortable space that is out of the weather.

Element 4
In the event that the Employers do not elect to cater meals on site, where the only food service facilities are more than fifteen minutes drive time, crew members shall be given an extended meal period for travel whenever possible. Extended meal periods must be approved by the Employers.

Element 5
If an Employee works in excess of fourteen (14) elapsed hours, in addition to premium pay, a second one-half (1/2) hour meal break shall be due.

Article F......... Rest Periods

Element 1
The Employers shall grant rest periods during television program rehearsals or relief periods for each job function during an extended television broadcast, such as a baseball double header, whenever possible to do so. All technicians shall be granted at least two 10-minute breaks plus a meal break during a ten-hour shift as required by law.

Element 2
Employees shall be given ten (10) continuous hours off between the time of dismissal and reporting for the next day’s work. This rule shall apply to Employees traveling from one assignment to another, unless early travel is at the Employee’s request and later arrangements are available. If less than ten (10) hours in between calls are given, the Employee and the Employers shall mutually agree to one of the following remedies:

a. A premium of one and one half (1½) times the Employee’s Contract rate shall be paid for hours of work on the next day’s work invading the ten (10) hour rest break.

b. The Employers shall provide near by housing

c. Transportation to or from home, the event location, or the airport.

d. An adjusted call time. The adjusted call time will also count as the Employee’s “in” time for the day.

Element 3
Employees that must travel after working shall be given adequate time and appropriate facilities to clean up before traveling whenever practical to do so.

Article G........ Canceled Calls

Element 1
If the Employers cancel an assignment of a previously booked Employee less than 10 days prior to the event and specifically due to an entire event or broadcast of that event being canceled, he/she shall be compensated on the same basis as the Employers’ cancellation policy as stated in its vendor contract to the extent that the Employers themselves are able to collect such a cancellation fee from its client. The Employers will produce a copy of the contract cancellation clause of its agreement for any event in question.

Element 2
If the Employer’s entire broadcast is not canceled, the Employee whose assignment has been cancelled shall be compensated one half (½) of his/her day rate for less than seventy two (72) hours notice, and a full day rate for less than twenty-four (24) hours notice. If the Employers offer the Employee another job during that same time period, no additional fee shall be due as long as the job compensation is equal and circumstances relating to that job are similar.

Element 3 – Force Majeure
In the event that operations are temporarily curtailed in whole or in part, neither party shall be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, strikes, wars, riots, or events which frustrate the purpose of broadcast or make it impossible to continue operations.

Article H........ Parking
Whenever possible, parking shall be arranged by the Employers at all event locations. In the event that only pay parking is available, the Employers shall reimburse the actual cost to the Employee per day for parking. The Employers may specify preferred lots in the area in which Employees shall park, space permitting, and parking rates for those lots shall constitute the maximum reimbursable expense unless there is no space available in the preferred lot(s), in which case the Employer will reimburse actual expense paid of up to twenty dollars ($20). When an Employee has accepted a package of events, parking passes and credentials will be issued ahead of time for those events if possible.

Section XI Crafts

Article A......... Technical Director
TDs will be paid an additional $75.00 for providing of a feed that requires dedication of a portion of the switcher (e.g. one ME) and requires a transition by the primary TD during the live broadcast.

Article B........ Video Controller
An additional $25/day per camera for shading more than six cameras and a booth camera (robotic cameras count as 2= 1) when no V2 is hired. Cameras operated separately from game action, such as a locker room or post-game camera, shall not count.

Article C........ Audio

Element 1
On a show where there are 2 “on camera” miked locations that are used either simultaneously or “back to back”, or if there are 3 or more “on camera” talent locations used during the course of the workday, the Employer shall engage at least two Assistant Audio Technicians.

Element 2
On an outdoor or large-field event when RF equipment is used on the field, at least a total of 2 Assistant Audio Technicians shall be engaged. However, if there are already two A2s on the job, no additional hires need to be engaged for this requirement.

Element 3
Audio Assistants shall not be asked to perform the duties of the stage manager or operate cameras.

Article D........ Camera

Element 1
An additional $15.00 per hour shall be paid for camera operation in any E.F.P/E.N.G. shoot at a remote site for each hour or portion of an hour those duties are performed.

Element 2
An additional $2.50 per hour shall be added to the base hourly rate for operating a hand held camera. If an employee is asked to operate a hand held camera more than twenty (20) minutes in a shift, the employee shall receive this premium pay for all hours worked.

Article E........ Robotic Cameras
Robotic Camera Operators shall not be required to operate more than two cameras at any one time.

Article F……….Video Tape and DDR

Element 1
An additional $2.50 per hour for all hours in the Work Day shall be added to the Base Rate for operating each additional machine that requires attention during the show. An Operator shall not be assigned to run more than 2 machines for replay purposes or commercial playback at any time. (So-called “Max” machine operation shall be considered equal to the operation of 2 videotape machines.)

Element 2
Operators shall not be assigned to run more than two slow motion machines at one time except for racing events where the maximum shall be four.

Element 3
The Employers shall make its best effort to have Tape machines and DDR equipment installed in the truck before the start of the work call.

Article G……….Graphics
If no Graphic Coordinator is hired, the operator shall be compensated an additional $5.00 per hour added to the base hourly rate.

Article H……….Utility
All hand-held camera operators shall be assigned dedicated utility workers any time the camera is on the operators’ shoulder and substantial movement is required at the time. (e.g. this would not apply to a corner hockey position by current practice)

Article I……….General Working Conditions

Element 1
An Employee whose call was for a given classification but is then assigned the duties of another classification for more than 30 minutes shall be paid at the rate of the higher paid classification for the entire day, except for operation of the booth or clock cameras for 30 minutes or less in duration.

Element 2
All “inexperienced Employees” must work a minimum of five (5) events (for the Employers) with a maximum of fifteen (15) events to be moved to the experienced level. This condition may be waived at the option of the Employers.

Element 3
If an Employee must leave the work site, the Employee will be paid for actual hours worked.

Section XII Payment of Wages

Article A
The Employers shall pay all wages and fees due to the Employees at least monthly, not later than 20 calendar days following the close of each pay period. All payments to the IATSE National Health and Welfare Funds, the IATSE Pension Funds, and the IATSE National Annuity Fund must be made monthly by the 10^th day of the month following the close of each pay period.

Article B
At no time shall the duties of any Employee covered by this Agreement include the handling of Employers’ cash.

Article C
On no less than a monthly basis, the Employers shall provide information to each Employee regarding a breakdown of all monies paid to the Employee from the previous pay period(s), including payments to the IATSE Benefit Funds referenced in Article A above.

Article D
When the Employer chooses to utilize a Direct Deposit method for payroll disbursement, Employees must complete and have on file in Employers’ offices a W4, Form I9 with supporting documentation, and Direct Deposit authorization before their first day of work and before payroll deposits will be released. The Employer will provide Employees with necessary forms for direct deposit prior to their first day of work, or at the worksite on the date of initial hire.

Section XIII Safety and Health:

Article A
The Employers recognize the need to provide Employees a safe and healthy working environment following industry standards. If safety gear is required for an assignment the Employers shall provide such gear.

Article B
The Employers shall make their best effort to transmit the requirements for the production at the earliest possible time the day of set up or broadcast.

Article C
If a possible unsafe situation occurs during an event, the potential problem should immediately be reported to the EIC on site. The EIC will consult with the Union Steward and shall make any adjustments to hazards that he/she feels need immediate attention. No Employee shall be disciplined or discharged for failure to participate in an activity that exposes the individual to danger beyond risks inherent in the job.

Article D
An active and authoritative Safety Committee consisting of at least one (1) member of the Union from each production city and a management representative shall be established and shall meet in person or by phone as needed to discuss safety problems. The designated Union committee member shall not suffer any loss of wages with respect to any meeting involving safety matters.

Article E
Any Employee can inform the Safety Committee of possible unsafe working conditions. The Committee will investigate and, within five (5) business days, either advise the Employers of any unsafe condition(s) or advise the Employee that no unsafe condition exists. If the Employers are advised of an unsafe work condition, the condition will be investigated within five (5) business days and corrected as needed if the condition is under the Employers’ control.

Article F
Where access to rest rooms is considered inconvenient, management will provide or seek from the venue adequate facilities near the truck location.

Article G
Cool water will be made available within the truck compound from the start to the end of the work call.

Section XIV Double Headers and Other Productions

Article A
Ten hour-call Employees scheduled to work a double header will be paid a minimum of 14 hours (with overtime after 8 hours) unless relief personnel are engaged.

Article B
At a scheduled double header where the first event is done for one client or rights holder and the second event is done for a separate unaffiliated client or rights holder, Employees who work on both events shall be paid as two (2) ten-hour minimum calls, with overtime based on the terms of this Agreement, except that with respect to late call personnel, the terms of this Agreement shall apply.

Article C
When there is a day-night double header and there are more than three hours of call time break between the end of one game and the beginning of another, such break time shall not be paid.

Article D
Employees who are engaged for two (2) separate events (other than a baseball double-header as noted above) by the same Employer (i.e. Fox or Lone Star) in the same day shall be paid at least two (2) minimum calls.

Article E
An acceptable meal (minimally defined as a decent box lunch) shall be provided for those Employees unable to take a break.

Section XV Training and New Technology

Article A
The Employers and the Union agree that it is important for Employees to continue to advance their skill and abilities. As new technology emerges, the Employers’ preference will be to train current freelancers in the new technology.

Article B
The Employers and the Employee designated to do the training will mutually agree on compensation to train or supervise training of another Employee.

Section XVI Labor – Management Committee

A Labor – Management Committee shall be established. The committee shall meet at least annually to discuss issues brought before it. Any member of the committee can submit issues for committee consideration.

Section XVII Travel

For the purpose of this section, each Employee will indicate one (1) city in which he/she shall be considered a local hire, regardless of the actual place a person may reside. Any Employee may change their declared locality up to 2 times per year.

Article A
When Employees are asked to report to a distant location, defined as 70 miles or greater from the production city in which they reside, the following shall apply:

Element 1
When pre-approved by the Employers, cabs, tolls and airport parking shall be reimbursed at the actual cost to the Employee upon timely submission of original receipts.

Element 2
Per diem which is linked to the Fox Sports Southwest corporate staff per diem rate shall be paid to each Employee. Half of this amount shall be paid for travel only days of less than 5 hours.

Article B
If pre-approved by the Employers, the following expenses will normally be billed directly to the Employers:

Element 1
The cost of single room hotel accommodations.

Element 2
The cost of rental cars, which shall be appropriate to the compliment of crew with space for luggage and equipment.

Element 3
The cost of airfare.

Article C
On occasion, direct billing to the Employers may not be possible and the Employee will have to pay the cost and be reimbursed, but only if the expenses have been pre-approved by the Employers. The Employee will be reimbursed based on original receipts, credit card statements, toll tag statements, or other proof of payment submitted to the Employers within fifteen (15) days of the cut-off for submitting expense reports. Those cut-off days are the 1st and the 16th of the month.

Article D
Employees traveling by common carrier shall be compensated at one half of his/her Day Rate if time spent traveling to or from a remote location does not exceed 5 hrs. If time spent traveling exceeds 5 hours he/she shall be paid his/her full day rate. Travel time shall begin one hour prior to scheduled departure of the carrier and end at the arrival time at the hotel or venue, whichever comes first, less any elective stops en route. Return travel will end upon the scheduled arrival time of the common carrier at the home city airport of the Employee. If the actual official arrival time is more than one hour after the scheduled arrival time, then the Employee shall be compensated hourly (under common provisions of this Contract) until actual arrival time less any elective stops en route. To be compensated for a late arrival time, the Employee must first notify the Employer within 12 hours of the actual arrival time by telephone, voice mail, or email. Travel periods shall not be included in time and/or overtime calculations for on-site workdays.

Article E
In lieu of compensation for travel time, Employees who travel by car more than 50 miles from their Production City shall receive the following allowance based on miles traveled from the center of the Production City in which they reside. This allowance does not include mileage costs for personal vehicles.

Austin (MLK Blvd and I-35)

Dallas (SH183 and SH360)

Houston (Commerce and US-59)

San Antonio (Commerce and Alamo)

More than 50 miles, less than 70 miles: $25.00 each way

More than 70 miles, less than 110 miles: $50.00 each way

More than 110 miles, less than 175 miles: $75.00 each way

More than 175 miles, less than 225 miles: $100.00 each way

More than 225 miles: ½ day pay or $125.00 each way (which ever is higher).

If an Employee is offered a common carrier travel by the Employer, but chooses to travel by car rather than by common carrier, he/she shall be compensated at the applicable common carrier rates as outlined in Article D above.

Article F
Employees will not be required to use their own personal transportation to transport Employers’ equipment. No Employee will transport any person or equipment they are not properly insured to transport.

Article G
Employees who use their personal transportation for Employers’ business and / or who must drive personal vehicles to a job site more than 50 miles from the Production City in which they reside will receive payment for mileage equal to the maximum amount allowed by the IRS (as adjusted from time to time) in addition to the travel allowance in Article E of this section.

Employees who elect to drive rather than travel by common carrier shall be reimbursed for mileage expenses according to the maximum allowed by the IRS (as above), but such mileage reimbursement payments shall not exceed an amount equal to the applicable (unused) airfare.

Section XVIII Health and Welfare

Article A
For each hour worked by an Employee or paid for by the Employers, the Employers shall contribute to the IATSE National Health and Welfare Plan the following:

Effective April 1, 2007 $3.93 per hour

Effective April 1, 2008 $4.18 per hour

Effective April 1, 2009 $4.43 per hour

Effective April 1, 2010 $4.68 per hour

Effective April 1, 2011 $4.93 per hour

Article B
The Employers shall contribute to the IATSE National Annuity fund four percent (4%) on gross wages for all hours worked or paid for (not including amounts in Article A above or Article C Below).
Effective April 1, 2007, in addition to the mandatory uniform employer contribution for all eligible employees, each such employee may elect to defer part of his/her salary, subject to statutory limitations and the rules of the Annuity Fund, and the employer will transmit those salary deferrals to the Annuity Fund by the 10^th day or each month following the end of the month in which the covered services were performed.

Article C
The Employer will phase in contributions to the IATSE Pension fund for each employee as follows:

Effective April 1, 2007 $1.50 Per Day Worked

Effective April 1, 2008 $3.00 Per Day Worked

Effective April 1, 2009 $4.50 Per Day Worked

Effective April 1, 2010 $6.00 Per Day Worked

Effective April 1, 2011 $8.00 Per Day Worked

Article D
The Employers will sign appropriate documents needed to fully effectuate this Agreement.

Section XVIII Separability and Savings

If any clause of this Agreement shall be determined to be illegal by a court or other tribunal of competent jurisdiction, the rest of the Agreement shall not thereby fail or be rendered null and void and severed from this Agreement.

Section XIX Entire Agreement

This Agreement is intended to cover all matters affecting wages, hours and other terms and conditions of employment and all similar or related subjects. During the term of this Agreement neither the Employers nor the Union will be required to negotiate and any further matters affecting these or effecting any other subjects not specifically set forth in this Agreement whether or not such subjects were discussed or were within contemplation of either or both parties at the time they negotiated this Agreement. There are no understandings or agreements which are not set forth in this Agreement, and any future understandings or agreements are valid and enforceable only if reduced to writing and signed by authorized representatives of the parties.

Section XX Term of Agreement

This Agreement shall be effective April 1, 2007 and shall continue until March 31, 2012. Negotiations for amended terms of this Agreement shall begin upon written request of either party.

Signatures:

______________________________________________________ date __________________

Authorized Signature for Fox Sports Southwest

______________________________________________________ date __________________

Authorized Signature for Lone Star Mobile Television

______________________________________________________ date __________________

Authorized Signature for IATSE International

______________________________________________________ date __________________

Authorized Signature for IATSE Local 796

Appendix A

Inexperienced Hourly Rates
Position	4/1/07 - 3/31/08	4/1/08 - 3/31/09	4/1/09 - 3/31/10	4/1/10 - 3/31/11	4/1/11 - 3/31/12
Technical Director	28.14	28.98	29.85	30.75	31.67
Audio Operator A-1	28.14	28.98	29.85	30.75	31.67
Audio Assist A-2	19.70	20.29	20.90	21.53	22.18
Video Operator V-1	25.34	26.10	26.88	27.69	28.52
Video Assist V-2	19.70	20.29	20.90	21.53	22.18
Videotape	19.70	20.29	20.90	21.53	22.18
DDR (EVS)	25.34	26.10	26.88	27.69	28.52
Standard Camera	19.70	20.29	20.90	21.53	22.18
Robotic Camera Operator	19.70	20.29	20.90	21.53	22.18
Graphics	25.34	26.10	26.88	27.69	28.52
Font Coordinator	14.08	14.50	14.94	15.39	15.85
Utility	10.14	10.44	10.75	11.07	11.40
Stage Manager	10.75	11.07	11.40	11.74	12.09
Time-out Coordinator	10.75	11.07	11.40	11.74	12.09
Score Box Operator	7.68	7.91	8.15	8.39	8.64
Statistician	6.14	6.32	6.51	6.71	6.91
Runner	11.26	11.60	11.95	12.31	12.68
Parab Operator	5.53	5.70	5.87	6.05	6.23

___________________ __________________ ___________________ __________________
Initial Fox Sports Initial Lone Star Mobile Initial IATSE International Initial IATSE Local 796

Appendix A (continued)

Experienced Hourly Rates
Position	4/1/07 - 3/31/08	4/1/08 - 3/31/09	4/1/09 - 3/31/10	4/1/10 - 3/31/11	4/1/11 - 3/31/12
Technical Director	37.20	38.32	39.47	40.65	41.87
Audio Operator A-1	34.36	35.39	36.45	37.54	38.67
Audio Assist A-2	28.93	29.80	30.69	31.61	32.56
Video Operator V-1	34.00	35.02	36.07	37.15	38.26
Video Assist V-2	28.53	29.39	30.27	31.18	32.12
Videotape	30.18	31.09	32.02	32.98	33.97
DDR (EVS)	34.00	35.02	36.07	37.15	38.26
Standard Camera	30.18	31.09	32.02	32.98	33.97
Robotic Camera Operator	31.01	31.94	32.90	33.89	34.91
Graphics	34.00	35.02	36.07	37.15	38.26
Font Coordinator	29.46	30.34	31.25	32.19	33.16
Utility	14.27	14.70	15.14	15.59	16.06
Stage Manager	17.19	17.71	18.24	18.79	19.35
Time-out Coordinator	16.60	17.10	17.61	18.14	18.68
Score Box Operator	15.85	16.33	16.82	17.32	17.84
Statistician	12.28	12.65	13.03	13.42	13.82
Runner	11.26	11.60	11.95	12.31	12.68
Parab Operator	6.96	7.17	7.39	7.61	7.84

___________________ __________________ ___________________ __________________
Initial Fox Sports Initial Lone Star Mobile Initial IATSE International Initial IATSE Local 796

Appendix A (continued)

Late Call (Less than 10-hr) Hourly Rates
Position	4/1/07 - 3/31/08	4/1/08 - 3/31/09	4/1/09 - 3/31/10	4/1/10 - 3/31/11	4/1/11 - 3/31/12
Technical Director	40.52	41.74	42.99	44.28	45.61
Audio Operator A-1	37.43	38.55	39.71	40.90	42.13
Audio Assist A-2	31.52	32.47	33.44	34.44	35.47
Video Operator V-1	37.04	38.15	39.29	40.47	41.68
Video Assist V-2	31.06	31.99	32.95	33.94	34.96
Videotape	32.87	33.86	34.88	35.93	37.01
DDR (EVS)	37.04	38.15	39.29	40.47	41.68
Standard Camera	32.87	33.86	34.88	35.93	37.01
Robotic Camera Operator	33.76	34.77	35.81	36.88	37.99
Graphics	37.04	38.15	39.29	40.47	41.68
Font Coordinator	32.08	33.04	34.03	35.05	36.10
Utility	15.53	16.00	16.48	16.97	17.48
Stage Manager	17.19	17.71	18.24	18.79	19.35
Time-out Coordinator	16.60	17.10	17.61	18.14	18.68
Score Box Operator	15.85	16.33	16.82	17.32	17.84
Statistician	12.28	12.65	13.03	13.42	13.82
Runner	11.26	11.60	11.95	12.31	12.68
Parab Operator	6.96	7.17	7.39	7.61	7.84

___________________ __________________ ___________________ __________________
Initial Fox Sports Initial Lone Star Mobile Initial IATSE International Initial IATSE Local 796