The Newspaper Guild of Greater Philadelphia
| 2006 Contract
| 2006 Contract Agreements | |
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1. Pension, Article 24.1 Delete Section 24.1 and replace it with the following: “The Employer will not be required to make any financial contributions to the Newspaper Guild of Greater Philadelphia Pension Trust Fund (“Pension Trust Fund”) except:
On or before December 31, 2006, the Employer will make a one time lump sum payment to the Guild on behalf of Guild members in the amount of FOUR million dollars ($4,000,000). This money will be distributed to Guild-covered employees, as directed by the Guild in a manner consistent with applicable law. 24.2 The Guild and the company may mutually agree to alter pension benefits. Any alteration in benefits shall be established with the assistance of an actuary chosen by mutual agreement between the Guild and the Employer and shall be actuarially sound. If the Guild and the Employer are unable to agree upon an actuary within 30 days from the execution of this contract, either party may submit the selection of such actuary to an arbitrator designated in accordance with the rules of the AAA. The pension plan and the trust agreements providing for the custody and investment of the Pension Trust Fund shall be embodied in a Pension Trust Agreement and in other such documents as may be necessary, conforming to the Internal Revenue Code and of the Internal Revenue Service requirements in order to qualify contributions to the Pension Trust Fund for deduction for income tax purposes as provided in the pension plan. In the event that the parties fail to reach an agreement pursuant to 24.3 below, effective December 31, 2007, the Pension Trust Fund shall be administered solely by the employer in accordance with applicable laws and in the best interest of the fund participants. In such case, PN shall provide the Guild with quarterly full disclosure regarding the ongoing status, investments and administration of the Pension Trust Fund. In addition, PN will provide the Guild with advance notification of fund investment meetings, allow Guild representatives to attend Fund investment meetings and otherwise provide input to PN regarding the Pension Trust Fund to the extent such attendance and input would not re-establish the Pension Trust Fund as a jointly-trusteed Taft Hartley Fund. The Guild will receive notice and copies of any application for exemption or exception from any federal regulation covering the Fund, including the information supporting the request, concurrent with submission of the request. 24.3 The Guild and the employer may, subject to their mutual agreement, merge the assets of the Pension Trust Fund into the assets of a multi-employer pension fund on or before December 31, 2007. The parties agree to work diligently and in good faith to attempt to consummate such an agreement. Nothing herein, however, shall be construed to require such a merger if the Guild and the employer fail to consummate an agreement to do so. Neither the terms of such a merger nor any disputes over the parties’ inability to consummate such a merger agreement shall be subject to the grievance procedure or arbitration under this Agreement. PN and the Union agree to use their best efforts to consummate a merger as quickly as possible. In the event that consummating the merger will require a modification of the pension benefit formula for future benefit accruals, the employer and the union agree to make such modification in the future pension benefits as would be required to implement the merger. In the event either the Guild or the Employer have identified one or more multi-employer pension funds for merger, but have been unable to consummate a merger agreement, either party may request that the Federal Mediation and Conciliation Service assist them in their negotiations related to selecting a merger partner and/or consummating the merger agreement. If the parties have reached a merger agreement by December 31, 2007, but the merger itself is unable to take effect prior to December 31, 2007, PN would postpone exercising its right to freeze the pension trust fund for a reasonable period of time (not to exceed 60 days) in order to allow the selected multi-employer plan to implement the merger. 24.4: If the parties fail to mutually agree on or before December 31, 2007, to merge the assets of the pension trust fund into the assets of another multi-employer pension fund, the Pension Trust Fund shall be frozen with respect to future benefit accruals and participation, including but not limited to, future benefit accrual related to service and earnings, on or after January 1, 2008. The employer agrees to make necessary contributions to the Pension Trust Fund in order to meet minimum funding requirements in accordance with applicable law. Employees hired on or after January 1, 2008 are not eligible to participate in the Pension Trust Fund. Neither the interpretation of nor any other matter related to this section 24.4 shall be subject to the grievance procedure or arbitration under this agreement. 24.5: The trustees of the pension trust fund are authorized and directed to take all necessary steps to accomplish the provisions of this Article 24.
Amend Article 21 in the Main Unit Agreement as follows:
Maximum benefit will be 40 weeks of pay at 65% of the employee’s regular straight time rate. The specific number of weeks an employee will receive will be based on Article 21.1 of the Main Unit Agreement. 3. Combine newsrooms, new side letter The parties acknowledge that nothing in the collective bargaining agreement prohibits PN’s right to combine all or part of any function that is performed separately in each newsroom. When PN combines those functions, it will identify whether the combined function will be operated out of one of the two newsrooms, operated jointly between the two newsrooms, or operated independently of either newsroom under the Guild’s jurisdiction. In any of the foregoing structures, PN will select the individuals who will perform their duties in the combined area in a manner consistent with Article 27.1. When PN decides to combine a newsroom function, PN will provide the Guild with 30 days written notice prior to creating the combined function. During that 30-day period, PN will meet with the Guild and discuss the decision to combine the specified functions. In the event that the combination will result in a layoff, the notice period will be 45 days, rather than 30 days.
4. Transition document for SWP Consistent with our discussion leading to a new collective bargaining agreement, Philadelphia Newspapers, LLC (PN) and the Newspaper Guild of Greater Philadelphia, Local 38010, the Newspaper Guild/CWA, AFL-CIO, CLC (the Guild), have negotiated over the Guild’s proposal to merge the Suburban Writers and Photographers’ bargaining unit (SWP unit) into the main Guild bargaining unit (Main Unit). Pursuant to these negotiations, the parties have agreed to the terms of this Settlement Agreement. 1. This Settlement Agreement is subject to ratification of the terms of a new Main Agreement between PN and the Guild. Upon ratification of the new Main Agreement, the SWP unit will be merged into the Main Unit, the SWP collective bargaining agreement will be shut down and terminated, and a single collective bargaining agreement will cover all Main Unit employees, including those Main Unit employees formerly employed as part of the SWP contract. 2. In Article 11.2, a new classification will be added for “Group 2—Rewrite Persons, Reporters, Photographers, and Photo Printers.” The Article 11.2 classification “Rewrite Persons, Reporters, Artists, Photographers, and Photo Printers” will be referred to as “Group 1.” Current SWP unit employees employed by PN as of the date of ratification will be placed in the Group 2 classification. Employees hired into the Main Unit on or after the date of ratification may be hired into either Group 1 or Group 2 classification. Employees hired into Group 2 will be covered by the same terms and conditions as Main Unit employees in the Group 1 classification, except as noted below. No more than 40% of the combined number of employees in the Group 1 and Group 2 classification (excluding Artists) will consist of Group 2s with four or fewer years of service based on their date of hire at the Inquirer and/or the Daily News. In calculating this percentage, part-time hours will be converted into full-time equivalent units. 3. Consistent with the termination of the SWP contract, all restrictions that were added to the Main Unit Agreement by virtue of Appendix B of the SWP contract are eliminated and will have no further force or effect. In addition, freelancer restrictions that were established in Side Letter K of the SWP contract are eliminated and will have no further force or effect. 4. The references listed below in bold type are to the 1993-1997 Main Unit collective bargaining agreement, as extended by the parties. Other references are made to the 1998-2000 SWP contract, as extended by the parties. The parties intend to draft a new Main Agreement to memorialize and incorporate changes consistent with the terms of this Settlement Agreement. Where there is a conflict between a specific term of the former SWP contract expressly identified below as a provision to be inserted into the Main Agreement and a term of the former Main Agreement, the intention is for the expressly identified provision of the former SWP contract to govern with respect to the conditions of employment for Group 2s. 5. Article 11 (General Increases and Minimum Wages) Insert provisions covering Group 2s from Article 10.1 of the SWP contract. Insert the following new wage provisions covering Group 2s into the new 11.2 classification “Group 2—Rewrite Persons, Reporters, Photographers and Photo Printers.” MINIMUM WAGES (a) The weekly minimum wages for Group 2s shall not be less than: Years 1-2 as a Group 2: $600 Years 3-4 as a Group 2: $650 Years 5-6 as a Group 2: $700 Years 7-8 as a Group 2: $750 After 8 years as a Group 2: $771 (b) The weekly minimum wage for interns shall not be less than $565. (c) Current SWPs, who will be transferred to the Group 2 classification, shall continue to receive the differential for higher classification work currently applicable when such employees work in the cities of Camden or Philadelphia. (Current SWP photographers will not receive the differential when they work in the Camden County Courthouse or the U.S. district Courthouses in Camden). 6. Article 12 (General Wage Provisions) Modify to make clear that Section 12.2—Experience and Section 12.5—Number of Inexperienced Employees do not apply to Group 2s. Insert provisions covering Group 2s from Article 11.6 of SWP contract. 7. Article 22 (Severance Pay) Modify to make it clear that Section 22.1 and Section 22.4 do not apply to new Group 2s, but will apply to current SWPs. The terms of the N. Broad Street Plan will not apply to new Group 2s or current SWPs. For purposes of calculating service under 22.1, the Seniority Credit listed in Appendix A of the SWP agreement will apply for those SWPs listed in the Appendix, and for those not listed in the Appendix, their date of hire will apply. 8. Article 23 (Health and Welfare Fund) Article 23 applies to the Group 2s for all purposes, including the current shift contribution rate for the Main Unit and future diversions the Main Unit may implement. 9. Article 26 (Security) Insert provisions covering Group 2 interns from Article 25.5 of the SWP contract. 10. Article 27 (Reduction in Force) Modify to make clear that Group 2s shall have their own seniority rules and separate seniority lists for purposes of layoff. Insert provisions covering Group 2s from Article 27.1 through 27.6 of the SWP contract. For Group 2s, the new classifications to be added to Article 27.2 (L) for the Inquirer and 27.2 (M) for the Daily News will be: Group 2: 1. News Writer; Rewrite 2. Sports Writer 3. Photographer; Photo Printers 11. Article 28 (Part Time and Temporary Employees) Insert provisions covering Group 2s from Article 26.2, 26.5 26.7 of the SWP contract as well as Side Letter C, paragraphs 1,2, and 3 of the SWP contract. 12. Article 29 (Leave of Absence) Insert provisions covering Group 2 interns from Article 28.1 and 28.7, 28.8 of the SWP contract. 13. Article 41 (Seniority) Insert provisions covering long-term Group 2s from the second paragraph of Article 39 (Seniority) of the SWP contract. 14. With respect to Article 36 and Side Letter J of the SWP Agreement, the rights set forth in those two sections are rights PN currently has under the Main Unit Agreement. 15. With respect to Article 42 of the SWP Agreement—the rights set forth in that section are rights PN currently has under the Main Unit Agreement. 16. The Company will consider Group 2 employees when filling vacancies in the Rewrite Persons, Reporters; Artists; Photographers; and Photo Printers classification, but PN will not be required to hire a Group 2 employee into that classification.
5. Overtime Exclusion, Article 8.3 Add the following as a new paragraph at the end of Article 8.3 of the Main Unit agreement: These overtime provisions shall not apply to Outside Advertising Department Sales employees who are overtime exempt under applicable federal or state wage and hours laws. When such advertising employees are required to work beyond their normal hours, PN shall, subject to the needs of the business, attempt to accommodate requests for schedule flexibility. PN will not arbitrarily or capriciously deny such requests.
6. New Advertising Exclusions, Article 3 & Side Letter K Add the following language to Side Letter “K” The parties agree the bargaining unit exclusions for the Advertising Department existing at the time of the execution of the agreement are listed in Article 3.1(b). The Employer shall notify the Guild 45 days in advance when it creates any new position in the Advertising Department that PN determines should be excluded from the bargaining unit based on PN’s reasonable belief that the position is a managerial, supervisory or confidential exclusion under the National Labor Relations Act. The 45-day notice to the Guild will include the job title and job description. In the event the Guild disagrees that the position qualifies as a statutory exclusion under the National Labor Relations Act, the dispute shall be resolved through the grievance and arbitration provisions of the collective bargaining agreement. The arbitrator's decision will be based on the National Labor Relations Act and such standards as have been established by the National Labor Relations Board. The parties agree to postpone the Advertising Department Exemptions arbitration, relating to the Guild’s claim that PN has exceeded the number of exemptions in the Advertising Department. Concurrent with this postponement, the parties will request a new date from the selected arbitrator for the purpose of resolving any dispute that may arise under the process set forth below. After the ratification of this agreement the parties will meet to review the list of recently-created positions in the Advertising Department that exceed the number of exclusions for the Advertising Department under Article 3.1(b). The parties will determine whether those recently created positions qualify for statutory exclusion (managerial, supervisory or confidential) under the NLRA. The parties will also discuss whether the employees in the Marketing Department do in fact report to the VP of Marketing. If the parties cannot reach agreement on a position(s) or the reporting structure in Marketing, the unresolved positions will be submitted to the Arbitrator for resolution under the aforementioned NLRA standards. Any new excluded positions (whether agreed upon by the parties or by the decision of the arbitrator) will be added to the bargaining unit exclusions set forth in Article 3.1(b).
7. Jurisdiction, Article 3.4 Amend Article 3.4 as follows: Work of the kinds presently or normally done by employees to whom this contract applies shall be done only by such employees. This paragraph shall not apply in the following circumstances: 1) Work done by employees exempted from the provisions of this contract under Article 3 hereof who actually perform the executive and supervisory duties typical of the positions described by said job titles. 2) Material purchased or used from recognized regional, state, national or international syndicates, bureaus or services. 3) Work performed by independent contractors (freelancers, correspondents and stringers). The Company agrees that an independent contractor is someone who meets the tests of an independent contractor using the factors relied upon by the National Labor Relations Board for determining independent contractor status for such workers, and 4) Copy, graphics, or photography obtained from affiliated publications or services, including online, and 5) Advertisements sold, including related billing, by affiliated publications or enterprises (including online services) or through networks or independent agencies, including under cross-sell sales arrangements. In the event of a conflict between these exceptions to Guild jurisdiction and other existing agreements or practices of the parties that could be interpreted as limiting these exceptions, these express jurisdictional exceptions shall prevail. Work performed by a news agency or syndicate operated by Philadelphia Newspapers (PN) would fall within Guild jurisdiction provided the work is performed by employees of the news agency or syndicate actually operated by PN. Work performed by independent contractors for a PN operated news agency or syndicate would be excluded from Guild jurisdiction.
8. Voluntary—Making Callbacks, Article 11.6
When voluntary inbound advertising representatives make outbound calls to extend classified advertisements that were initially placed through the voluntary department, those representatives will be paid at the voluntary rate and will receive an additional amount consistent with a commission or bonus program for extending classified advertisements.
9. Modify Layoff Lists, Article 27 & Side Letter R 1. Advertising: Delete current language in Paragraph 8, Side Letter R and revises as follows: “For the purpose of Article 27 (Reduction in Force), commission sales people shall be grouped in Article 27.2 (K) (2) Classified Advertising Salesperson, Display Advertising Salesperson.” Delete 27.2(K) (4). 2. Editorial: a. Retain Article 27.1 in its present form. b. Delete Article 27. 4 and replace as follows: In the case of a reduction in force, employees who have been regularly assigned to one of the following positions at the Philadelphia Inquirer and/or Daily News for at least one year may be retained in such jobs despite their having less seniority than other employees who are in the same Article 27.2 group. If a senior member of the bargaining unit who had been regularly assigned to one or more of these jobs for at least one year at the Inquirer and/or Daily News is proposed for dismissal in a reduction in force he/she may bump a junior incumbent in that position with the approval of the Editor for the respective publication. For each newsroom, the agreed upon positions are:
For the Inquirer: a. Harrisburg Statehouse Bureau beat reporters b. Trenton Statehouse Bureau beat reporters c. City Hall Bureau beat reporters d. Phillies beat reporter e. Eagles beat reporter f. Flyers beat reporter g. Sixers beat reporter h. Pennsylvania political beat reporter i. New Jersey political beat reporter j. Federal Court beat reporter (PA & NJ) k. City Education beat reporter l. Higher Education beat reporter m. Suburban Education beat reporter n. Regional Development beat reporters o. Pharmaceutical Industry beat reporter p. Public Health beat reporter q. Online Breaking News beat reporter r. College Basketball beat reporters s. Local Sports columnists t. Metro Columnists u. Restaurant critic v. Classical music critic w. Fashion columnist For the Daily News: a. Phillies beat reporters b. Eagles beat reporter c. Flyers beat reporter d. Sixers beat reporter e. College sports beat reporters f. High School sports beat reporter g. Crime/Public Safety beat reporters h. City Hall beat reporters i. Education beat reporters j. Politics beat reporters k. Federal Court beat reporter l. District Court beat reporter m. Local Sports columnists n. Local City columnists 3. Any employee hired and/or promoted into one of the foregoing positions will be paid at the Group 1 rate. In Article 27.10, delete the phrase “for two years after the date of dismissal” and in its place add the phrase “for 12 months after the date of dismissal”
10. Revenue Goals, New Side Letter & amend Side Letter R Add a new side letter to the Main Agreement that states as follows: The employer reserves the right to establish reasonable goals for each period for each salaried or commissioned advertising sales representative. These goals are not subject to the grievance procedures. Any employee who has not met his/her goal may be placed on probation for a minimum of thirty (30) days. During such probationary period, the employee will be asked to follow specific action steps. For purposes of Article 26, being placed on probation two successive times constitutes a good and reasonable cause for dismissal if 1) the employee has received the goal for each of the two most recent periods prior to the first day of each period, and 2) the employee has failed to follow all specified action steps identified for either of those two most recent successive periods. Nothing in this section will prohibit the Guild from representing any sales employee in the grievance and arbitration process provided for in Articles 39 and 40 of the collective bargaining agreement. In Side Letter R, Section 7, replace the second paragraph with the foregoing language.
11. Commission Structure, amend Side Letter R Replace October 2002 revision to Section 7 of Side Letter R as follows: The employer will determine the structure of commissions and any modifications thereto. Commission structures and any modifications thereto will not under any circumstance be subject to the grievance and arbitration process provided for in Articles 39 and 40 of the collective bargaining agreement. Amend Side Letter R, Paragraph 6: For each month of employment, each commission sales employee shall receive a minimum monthly draw against commission of $2,500 that will be forgiven. This draw will be paid in weekly increments. Add a Paragraph 10 to Side letter R: The employer agrees that it will provide the impacted employee with notification in advance of any territory modification. The timing of this notice will provide the employee with a reasonable period of time prior to the change to respond to his/her manager with any concerns regarding the modification. If the employee has concerns regarding the modification, the manager will provide the employee with an opportunity to meet and discuss those concerns prior to implementation. PN will consider employee requests to include a Guild representative in such meetings.
12. New Media, new side letter, labor-management committee
In view of the Company’s efforts to explore new ways to expand beyond the traditional newspaper and of the Guild’s desire to participate in the process, the parties further agree to the following with respect to work beyond the traditional print newspaper medium (i.e. New Media, which includes online): 1. Bargaining unit employees assigned to New Media work will receive all protections and provisions of the Collective Bargaining Agreement which cover work done for the traditional print products. Guild jurisdiction over New Media work assignments (including online) shall be non-exclusive. 2. The Company will provide adequate training in the New Media as required by the circumstances of working in the New Media, including training in the technical, performance and legal aspects of audio and visual media. 3. The Company will ensure that all bargaining unit employees assigned to New Media work will be given sufficient time for training and adjustment. The Company will consider employee requests for additional training on New Media functions. 4. The parties will develop a Labor Management Committee that will meet at least quarterly to provide a forum for continuing communication on the changes to the traditional newsgathering and reporting functions produced by New Media. 5. A bargaining unit employee working on a story, article or other assignment shall work collaboratively with his/her editor to decide whether an interview or other newsgathering will be recorded and, if so, the recording method, and whether any newsgathering material shall be made available to the public. However, final decisions on reporting, coverage and publication issues will continue to be made by the editor. 6. The Guild recognizes the right of PN to utilize individuals who are not employed by PN to perform New Media work, including but not limited to individuals employed by PN affiliates, individuals employed by another employer and independent contractors. 7. The parties agree that the PN departments represented by the Guild at the time of the execution of this agreement are listed in Article 3. The Guild will not use the work assignments resulting from this memorandum of agreement as a means to attempt to represent or claim jurisdiction over any individuals performing New Media work, including but not limited to PN affiliates, through any means such as unit clarification procedures or contract grievance procedures. Nothing in this paragraph limits the Guild’s right to organize. 8. Except as limited above, PN reserves its right to determine who shall perform New Media work, where and when the work shall be performed and the equipment, method, manner and means by which the work is performed. 9. In the event PN reestablishes the PN Online Service Department, the Guild will have jurisdiction over bargaining unit work performed by PN employees in that department.
13. Interns, new side letter Add a new Side Letter that states as follows: This letter will serve to confirm our understanding that PN has the right to enter into internship programs with educational institutions. The terms of those programs will be consistent with the terms required by the university programs. Those interns will not be subject to the terms of Side Letter N. During any seasonal semester (Fall or Spring), the DN will not have more than 8 student interns and the Inquirer will not have more than 12 student interns. In the event interns are taken from a University on a trimester program, PN and the Guild will meet to discuss how to accommodate those interns under the above numerical limitations.
14. Cross-selling, add new side letter When bargaining unit employees sell advertising into affiliated publications or enterprises (including online /New Media products and services), or through networks or independent agencies under “cross sell” arrangements, such sales will count toward the employee’s goals. Incentives and/or commissions will be paid for such sales according to the applicable plan. However, Guild jurisdiction over these sales assignments will be non-exclusive. Regardless of any jurisdictional limitations set forth in the collective bargaining agreement, including but not limited to those in Article 3, non-employees may sell advertisements (including related billing) into any PN product. Such sales may be made by affiliated publications or enterprises (including online services), or through networks or independent agencies, (including under “cross sell” sales arrangements). When employees at PN affiliates sell advertising that will be published, attached or inserted in The Philadelphia Inquirer or Daily News, the applicable PN salesperson will receive revenue credit, including applicable incentives and/or commissions for the portion of the advertisement that is inserted, attached or published in The Philadelphia Inquirer or Daily News. The Guild recognizes PN’s right to utilize non-unit individuals who are not employed by PN to sell advertising into affiliated publications or enterprises (including online services) such as, but not limited to, individuals employed by PN affiliates, individuals employed by another employer, and independent contractors. The parties agree that the PN departments represented by the Guild at the time of the execution of this Agreement are listed in Article 3. The Guild will not use the work assignments resulting from this Memorandum of Agreement as a means to attempt to represent or claim jurisdiction over any individuals selling advertising into affiliated publications or enterprises, including but not limited to PN affiliates, through any means such as unit clarification procedures or contract grievance procedures. Nothing in this paragraph limits the Guild’s right to organize.
15. Non-staff correspondents Delete Article 27.7 and any other references to non-staff correspondents in the Main Unit Agreement.
16. Non-compete agreements, new side letter PN shall have the right to require new hires for Advertising Outside Sales positions to enter into non-competition agreements.
17. Syndicates/ re-use, new understanding on terms Dear Frank:
I am writing to confirm a number of discussions we’ve had across the table during these negotiations.
I want to confirm your position regarding the meaning of the term “recognized” in the portion of Article 3.4 covering syndicates, bureaus, or services (Syndicates). It was the Guild’s position across the table that the term “recognized” refers to those Syndicates that are publicized to and utilized by the newspaper industry.
The parties agreed that Article 36 (a) (Ownership and Re-use) and Side Letter J from the 1998-2006 Suburban Writers and Photographers Unit contract shall apply to Group 2 employees in the Main Unit. The parties agree that neither side will use the application of these provisions to Group 2s to create an adverse inference with respect to PN’s ownership and re-use rights for other Main Unit employees.
18. Wage proposal Philadelphia Newspapers, LLC and Newspaper Guild of Greater Philadelphia (The Guild) have entered into this Agreement covering the economic terms for the 2006 to 2009 Collective Bargaining Agreement with the Guild. 1. The term of the new Collective Bargaining Agreement will expire at midnight August 31, 2009. 2. The economic terms of the new Agreement are as follows: a. September 1, 2007—all fulltime employees on the payroll as of August 31, 2007 will receive a one-time lump sum bonus of seven hundred and fifty dollars ($750.00). b. January 1 2008—All fulltime employees on the payroll as of December 31, 2007 will receive a one-time lump sum bonus of seven hundred and fifty dollars ($750.00). c. Effective September 1, 2008--$25 weekly increase.
FOR THE UNION:
Frank Santafede Newspaper Guild of Greater Philadelphia Date: ___________ FOR THE COMPANY; _____________ Robert H. Barron Philadelphia Newspapers Date: _____________
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