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2006 Agreement between The Newspaper Guild of Greater Philadelphia CWA LOCAL 38010, TNG LOCAL 10/ , AFL-CIO, CLC and Philadelphia Newspapers, L.L.C. THIS CONTRACT entered into at Philadelphia, Pennsylvania, as of the 1st day of September, 2006, and continuing until midnight, August 31, 2009, by and between PHILADELPHIA NEWSPAPERS, L.L.C., publisher of The Philadelphia Inquirer and The Philadelphia Daily News, (hereinafter referred to as "the EMPLOYER"), and THE NEWSPAPER GUILD OF GREATER PHILADELPHIA, an affiliate of THE NEWSPAPER GUILD, (hereinafter referred to as "the GUILD"), acting for and on behalf of itself and of those members, present or future, covered by this contract. "Employer" as used in this contract refers not only to the present Publisher of the Philadelphia Inquirer and the Philadelphia Daily News, but also to the prior Publishers of each of these publications.
ARTICLE 1—GUILD RECOGNITION
1.1 During the term of this contract, and any extension thereof, the Employer will recognize and deal with the Guild as the exclusive bargaining agent for purposes of collective bargaining concerning rates of pay, wages, hours of employment and other conditions of employment, and for the purposes of adjusting grievances for all employees covered by this contract.
1.2 The Employer will not enter into any agreement inconsistent with the provisions of this contract with any individual employee, or group of employees, affecting the conditions or terms of employment of said employee or group of employees.
1.3 Should the legal structure of Philadelphia Newspapers, L.L.C., publisher of the Philadelphia Inquirer and Philadelphia Daily News, be changed in such a fashion as to make the language of the Preamble of this agreement inappropriate, the contract will nevertheless be binding upon both parties during its term, as if there were no change.
ARTICLE 2—NO DISCRIMINATION
2.1 There shall be no dismissal of, nor any discrimination against, any employee because of his/her membership or activity in the Guild, nor because of age, sex, race, creed, color, national origin, sexual preference, marital or parental status, or irrelevant physical or mental disability.
2.2 The Employer shall continue to hire employees without regard to age, sex, race, creed, color, national origin, sexual preference, marital or parental status, irrelevant physical or mental disability.
ARTICLE 3—TO WHOM APPLICABLE
3.1 The provisions set forth in this contract shall apply to all present and future employees of the Inquirer Editorial Department, Daily News Editorial Department, Inquirer Advertising Department, Daily News Advertising Department, Accounting Department, Computer Operations Department, Ad Production Service, Art Department, Purchasing Department, Inside Circulation Department, Telephone Operators, Inquirer/Daily News Circulation Promotion Department, Daily News Advertising Promotion Department, New Ventures Department and all present and future sub-divisions of or additions to such departments, as well as any other new department or sub/division of a new department which may be created to do the work being performed at the date of execution of this Agreement by any of the foregoing departments. For the purpose of this contract, these departments shall consist of the following employees therein:
(a) Editorial Departments: Those employees who are primarily engaged in the gathering, writing or editing of news, such as but not limited to, editorial writers, all reporters (including financial, political, drama, movie, sports and society writers and columnists), rewrite persons, copyreaders, makeup persons, cartoonists, artists, photographers, photoprinters, information service employees, Action Line Researchers, employees engaged in work on the Sunday section, library employees and clerks, copypersons and secretaries or stenographers; but shall not include the following:
INQUIRER Editor Editor of Editorial Page Deputy Editor Deputy Editor/Editorial Page Associate Editor Assistant to the Editor Assistant to the Editor Assistant Managing Editor National Editor Assistant Managing Editor/Daily Deputy National Editor Assistant Managing Editor/Weekend Assistant Managing Editor Executive Sports Editor Assistant Managing Editor/Features Managing Editor Associate Managing Editor/Features Metropolitan Editor Systems Editor Assistant Managing Editor/Copy Desks Executive Assistant Executive Editor Systems Editor Senior Editor/Development Manager/Admin., Finance Health and Science Editor Design Director Main Line Editor Deputy Sports Editor Associate Managing Editor/News Desk News Editor Copy Chief, Metropolitan State Editor City Editor New Jersey Editor Suburban Editor Business Editor Foreign Editor Deputy Foreign Editor Inquirer Magazine Editor Assistant Managing Editor/Features Assistant Managing Editor/Graphics Senior Editor/Systems, Technology Managing Editor/Inquirer Magazine Deputy Suburban Editor/Neighbors Editor/Lifestyle Editor/Popular Arts Editor/Cultural Arts Assistant Managing Editor/Design Secretary to Editorial Page Editor Assistant Managing Editor Associate Editor/Editorial Page Deputy New Jersey Editor Systems Editor Secretary to Deputy Editor Deputy City Editor Deputy Suburban Editor/Daily Chester County Editor News Editor News Editor Copy Chief, Features Copy Chief, Neighbors Director of Photography
DAILY NEWS Editor Business Editor Managing Editor Deputy Managing Editor Sports Editor Assistant Managing Editor Deputy Features Editor Assistant Managing Editor Deputy City Editor Associate Editor Executive Secretary Editorial Page Editor Features Editor Executive Sports Editor Executive Photo Editor Graphics Editor Secretary to Editor Systems Editor Administrative Manager Deputy Business Editor City Editor (b) PNI Advertising Department: All employees except the following: Senior Vice President/Advertising Vice President/Advertising Administrative Manager Retail Majors Manager Retail Food/General Merchandise/TMC Manager Retail Territories Manager City Retail Manager Bucks/Montco Retail Manager Main Line/Delco Retail Manager National Department Manager New Jersey Retail Manager Advertising Production Manager Agency Relations Manager Classified Department Manager Real Estate Manager Auto Manager Help-Wanted Manager General Advertising Manager Phone Room/Voluntary Manager Retail Department Manager Advertising Systems/OP Manager Advertising Systems Manager Senior Vice President/Secretary Vice President/Secretary Systems Coordinator
(c) Art Department: All employees (including Statmaster Operators and Maskers), except the Ad Art/Production Manager.
(d) Accounting Department: All employees except the following: the Controller, the General Accounting Supervisor, the two Assistant Controllers of the Department, the Credit Manager, the Advertising Accounting Supervisor, the Circulation Accounting Supervisor, the Payroll Manager, the Advertising Accounting Manager, the Collection/Customer Service Supervisor, and the Secretary/ Administrative Services Director.
(e) Ad Production Service: All employees except the Head of the Department.
(f) Inside Circulation: All employees except the following: Senior Vice President/Circulation
(g) Library: All employees except the Library Manager. (h) Inquirer/Daily News Circulation Promotion Department and Daily News Advertising Promotion Department: All employees except the Promotion Director. (i) Purchasing Department: All employees except the Purchasing Manager. (j) Telephone Operators: All telephone operators including the Supervisor. (k) Computer Operations Department: All employees except the Head of the Department. (l) New Ventures Department: All employees except the New Ventures Director.
3.2 It is agreed that the exclusion of the positions of Daily News Assistant Managing Editor, Daily News Classified Advertising Manager and Daily News Circulation Manager from the applicability of this contract shall be effective only in the event that the employees to whom any of said listed job titles are assigned actually perform the duties typical of the position described by said job titles and does not perform any substantial amount of any of the kinds of work performed by employees to whom this contract is applicable.
3.3 If crew managers and/or resell persons are rehired during the life of the new agreement, the Guild shall have jurisdiction and they shall be covered by the standard clauses of the contract except those pertaining to compensation, working days and hours and expenses. The excepted clauses shall be negotiated and, if there is no agreement within thirty (30) days, the matter shall be arbitrated.
3.4 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. 4) Copy, graphics, or photography obtained from affiliated publications or services, including online. 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.
3.5 New Equipment: Notice will be given to the Union of any major equipment or process change at least 90 days prior to implementation if a reduction in force is anticipated affecting regular employees. In addition, the employer will provide training assistance to any regular employee displaced after the operation of Article 27. Where practicable, such training will be provided to develop skills required for other classifications covered by this contract. 3.6 The Employer recognizes the Union as the exclusive bargaining agent for all the Employer's Guild employees at any plant(s) printing newspapers (including supplements) published or produced by the Employer.
ARTICLE 4—GUILD AND AGENCY SHOP
4.1 The Employer agrees that it will not, without the written consent of the Guild, employ or retain as an employee, any person covered by this contract unless he/she is a member in good standing of the Guild, or becomes a member within 30 days after beginning employment and remains a member in good standing. The Guild agrees that it will admit to membership and retain in good standing any such employee who complies with the constitution and by/laws of the Guild, provided he/she shall not have been previously expelled or suspended from any unit of the Newspaper Guild.
The Employer shall not be required to discharge any employee because of his/her failure to become or remain a member of the Guild, except for such reasons as are lawful under the Labor/Management Relations Act of 1947, until repeal, amendment or declaration of invalidity thereof.
It is the Guild's practice, two weeks prior to making such request, to send notice to a delinquent member of the Guild's intention to request the Employer to dismiss such member. The Guild will in every instance send to the employer a copy of such notice simultaneously with its transmission to the Employee. (Note: The interpretation of the Guild Shop Clause as set forth in the minutes of the negotiating committee of October 17, 1940, and which shall constitute a clarification of the Guild Shop Clause is: “The Guild could bar an employee from membership who is under expulsion or suspension from the Guild or a person who had never been a member but who had worked on a paper during a Guild strike, but the Guild could not refuse to accept into its membership a person who had been a bona fide executive on a paper during the time the Guild engaged in a strike against that paper.”)
4.2 Agency Fee: It is agreed that certain present employees, referred to in the letter of April 30, 1959, shall not be required to become or remain members of the Guild, provided that if any such employee shall subsequently become a member of the Guild, the provisions of Article 4.1 shall then govern his employment.
It shall be a condition of the continued employment of each of the present employees referred to in said letter agreement that he/she shall, on or before the third Wednesday of each calendar month, beginning May, 1959, pay to the Guild as a fee for services rendered and to be rendered by the Guild in acting as such employee's representative for purposes of collective bargaining, an amount equal to the periodic membership dues uniformly required of Guild members receiving an amount of salary equal to that received by such employees, except that when membership dues temporarily increased, such increase shall not apply to the amount paid by such employees. In the event that any such employee fails to make timely payment of such service fee, the Guild will send to such employee, two (2) weeks prior to making such request, a notice of its intention to request the Employer to discharge such employee, and will simultaneously send a copy of such notice to the Employer. If such employee fails to make payment of said service fee prior to the date on which the Guild requests the Employer to discharge such employee, the Employer will discharge such employee promptly upon receipt of the Guild's request that the employee be discharged.
ARTICLE 5—CHECKOFF
5.1 When so authorized by the individual employee, in writing, the Employer agrees to deduct weekly from the salary or wages due each employee (including part/time employees or space writers paid by voucher who are members of the Guild and who have signed such authorization) the amount which the Guild shall by written notice certify to the Employer as due from such employee on account of membership dues and/or assessments or on account of the service fee provided for in Article 4.2, owing to the Guild by said employee, and within eight days thereafter to transmit said amount or amounts to the Treasurer of the Guild. An employee's voluntary written assignment shall remain effective in accordance with the terms of such assignment. The form of the checkoff authorization shall be as follows:
“I hereby assign to the Guild, in payment of my membership dues thereto, as from time to time established by the Constitution of The Newspaper Guild and by-laws of the Guild, a portion of such sums hereafter payable to me as salary by the Employer during each month after the date hereof, equal to said membership dues for said month, and I hereby authorize said Employer in accordance with any applicable collective bargaining agreement between the Guild and the Employer each month to deduct the said amount from the salary payable to me by the Employer and to transmit the same to the Guild.
“I intend to be legally bound by this assignment which shall be irrevocable for the period of one year from the date hereof, or for the period from the date hereof until the termination date of said applicable agreement, whichever occurs sooner. Should I not give to the Guild and to the Employer notice in writing (not less than five or more than fourteen days before any anniversary date hereof or before the termination date of any applicable collective bargaining agreement, whichever occurs sooner) of my desire to revoke this assignment, on such anniversary date or on such termination date, then this assignment is to remain irrevocable until the next such anniversary date or termination date, as the case may be, whichever occurs sooner.”
Date _________________________________ (date must be entered) Month Day Year
Name (Print) ________________________________________________
Name (Signature) ____________________________________________
Address _____________________________________________________ Number, Street or Avenue Zone City or Town
ARTICLE 6—INFORMATION TO THE UNION
6.1 The Employer agrees to notify the Guild in writing of any person who is discharged from, or resigns from, any covered department, and will notify the Guild in writing of any person hired or transferred into any covered department within 14 days of each action. The notification will state the position and salary of the person, and whether the person is regular, part-time or temporary. In the cases of hiring and transfers, the notice will include the classification, experience, salary, age, sex, minority group, social security number and effective date. The Employer also agrees to notify the Guild of merit and step-up increases, and the effective dates.
ARTICLE 7—HOURS OF WORK
7.1 Except as noted hereinafter, the regular work week for full-time employees shall be five consecutive days of 7½ hours, falling within 8½ consecutive hours. Every employee shall have the right to take one hour each day for lunch but the lunch hour shall not be included in figuring the hours of work.
7.2 Subject to mutual agreement between the employee and the Employer, work schedules may be arranged for full-time employees to provide for shifts greater or lesser than 7½ consecutive hours, excluding lunch, so long as the work week does not exceed 37½ hours, or more than five (5) consecutive days.
The Guild will be notified in writing thirty (30) days in advance of the proposed date of implementation of any such agreement. If the Guild believes the modified work schedule is in violation of the Collective Bargaining Agreement, it must respond in writing within ten (10) working days, specifically listing the contract provisions(s) it believes were violated. Such agreements will list the days of work and the hours of work each day. Employees will receive overtime pay for any work outside the agreed upon hours or days in accordance with Article 8 of this agreement. The employee and the employer may terminate such agreement provided for in this Article 7.2 with thirty (30) days written notice to the other party.
7.3 Except as noted hereinafter, every employee shall be notified of any change of his/her work schedule not later than fourteen days prior to the week (Sunday through Saturday) to be covered by such schedule.
7.4 Turnaround: Except as noted hereinafter, there shall be at least 12 hours between the end of the employee's regular working hours on one day and the beginning of the regular work hours on the next day. If the next work day follows one of the employee's days off, there shall be a break of at least 32 hours. If the next day follows the employee's two days off, there shall be a break of at least 56 hours.
7.5 Editorial Departments:
(a) Daily News: This Article will not apply to the sports columnists and the writer regularly assigned to cover baseball, who shall work on flexible schedules suitable for their assignments, provided that they shall not work more than five days, or more than 37½ hours in a calendar week, without overtime compensation.
The scheduling provision shall not apply to other Daily News sports writers, regularly assigned to cover major sporting events, who so consent in writing.
The terms "sports columnists" and "the writer regularly assigned to cover baseball" shall include the successors of the sports columnists and of the writer regularly assigned to cover baseball, but not their temporary substitutes.
The Daily News may employ no more than three (3) part-time Guild-covered desk assistants, two (2) on the copy desk, one (1) on the city desk, each of whom may work no more than two (2) shifts or fifteen (15) hours per week.
(b) Inquirer: This article will not apply to the financial editor, political editors, regular political columnist, regular legislative writers, regular baseball writers, correspondents resident and working outside of Philadelphia, or to any such employee who, in the opinion of the Guild and the Employer, is doing such highly skilled or specialized work that it cannot reasonably be performed by a temporary substitute.
7.6 The employees of the Editorial departments excluded from the provisions of Article 7.1 will receive an additional week of paid vacation annually, and any employee earning less than $1,040.00 above the current minimum, who is required to work a regular six-day week, will receive an extra day's pay at the regular, not overtime
7.7 Advertising Department: The regular working hours for full-time employees, except those who regularly, out of town, solicit resort, travel, transportation and school and college ads, shall be 7½ hours for each of the first five days of the week, and five consecutive hours for Saturday. This provision is superseded by the terms of Side Letter R.
7.8 Accounting Department, Inquirer-Daily News Circulation Promotion Department and Daily News Advertising Promotion Department, Purchasing Department, and Inside Circulation: The regular working hours for full-time employees shall be 7½ consecutive hours for each of the first five days of the week, and 4½ hours on Saturday.
7.9 Ad Production, Art Department, Computer Operations Department, Home Delivery Communications Center, and Telephone Operators: Without the employee's written consent, Article 7.1 will not apply to employees of the Computer Operations Department on the payroll as of November 13, 1971; otherwise such employees' hours shall be governed by Article 7.7. For the Home Delivery Communications Center, a sub-division of Inside Circulation, Article 7.1 will not apply to those employees on the payroll as of October 26, 1970, without their consent; otherwise, such employees' hours shall be governed by Article 7.7.
ARTICLE 8—OVERTIME
8.1 The Employer may require an employee to work overtime, and the employee will receive overtime pay, at the rate of time and one-half, except as noted otherwise. Overtime will not be paid for the first 15 minutes worked, but any employee working longer than 15 minutes will be paid for all overtime worked.
The employer will reimburse an employee working overtime for any prepaid non-refundable travel, or lodging and/or entertainment expenses of $25.00 or more lost by the employee or his/her family as a result of the overtime assignment. The employee seeking reimbursement must notify the employer of the conflict at the time the assignment is made and must present documentation of the loss.
8.2 Editorial Departments and New Ventures Department: Employees will receive overtime pay, at the rate of time and one-half, for all hours worked over 7 ½ in any day; over 37 ½ in any week; more than five days per week; and for hours other than the employee's regularly scheduled hours.
If an employee is required to work on any of his/her regular or scheduled days off, he/she will receive one and one-half times his regular day's pay for any hours of work up to 7½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7½ . a) An employee shall not be entitled to overtime pay, under 8.2 or otherwise, when working on assignment as a foreign correspondent for a period of 21 consecutive calendar days or more outside the continental lines of the United States.
8.3 Advertising Department: Employees will receive overtime pay, at the rate of time and one-half, for all hours worked over 7½ on the first five days, and over 5 hours on Saturday, or for hours other than his/her regular or scheduled working hours. 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.
If an employee is required to work on any of his regular or scheduled days off, he/she will receive one and one-half times his regular day's pay for all hours of work up to 7½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7½ .
Any employee, one of whose scheduled days off is Saturday, shall receive for work on Saturday, one
8.4 Accounting Department, Inquirer/Daily News Circulation Promotion Department, Daily News Advertising Promotion Department, Purchasing Department, and Inside Circulation Department: Employees will receive overtime pay, at the rate of time and one-half, for all hours worked over 7½ in any day; over 37½ hours in any week; more than five days in one week; and for hours other than the employee's regular or scheduled hours.
If an employee is required to work on any of his/her regular or scheduled days off, he/she will receive one and one-half times the employee's regular day's pay for all hours worked up to 7½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7½ .
Any employee, one of whose regular days off is Saturday, will receive time and one-half the regular day's pay for the first 4½ worked on Saturday, and time and one-half for all hours worked in excess of 4½ hours, or for work during hours other than between 8:30 a.m. and 1:00 p.m.
8.5 Ad Production, Art Department, Computer Operations Department,, Home Delivery Communications Center, and Telephone Operators: Employees will receive overtime pay, at the rate of time and one-half, for all hours worked over 7½ in one day; over 37½ in one week; more than five days in one week; and for hours other than the employee's regular or scheduled hours.
If an employee is required to work on any of his regular or scheduled days off, he/she will receive one and one-half times the employee's regular day's pay for all hours of work up to 7 ½ , and time and one-half the employee's regular rate of pay for all hours in excess of 7 ½ .
Any employee in the Home Delivery Communications Center Department, or in the Computer Operations Department, whose hours are covered by Article 7.8 will, for the purposes of this article, be covered by Article 8.4.
8.6 Callback Pay: Any employee required to work after completion of the work day, and after leaving the Employer's building, or the place where the employee's duties are performed, will receive, in addition to any other overtime pay, an extra hour's pay, at time and one-half, plus travel time to and from the place at which the employee is required to work, also at the overtime rate.
8.7 Where an employee covered by the provisions of the Fair Labor Standards Act would be entitled to receive higher compensation under the Act than under the provisions of this contract, the employee shall be compensated in cash for the hours of overtime to which its provisions apply. The parties agree that all provisions of the act will apply to all persons covered by this contract. This provision is superseded by the terms of Side Letter R.
8.8 In the Inquirer/Daily News Circulation Promotion Department, the Daily News Advertising Promotion Department, the Computer Operations Department, the Accounting Department, the Advertising Department, the Art Department, the Inside Circulation Department, the Ad Production Department, the Purchasing Department and the Telephone Operators Department, there is a regular schedule of hours and no change may be made for the purpose of avoiding the payment of overtime. Any temporary change made merely for the convenience of the Employer shall entitle the affected employees to the payment of overtime. The Employer has the right, however, to make such changes in scheduled hours during the year as has been customary in the past or to make permanent changes or to institute recurring changes required in the operation of the business, or to meet emergencies of such duration and magnitude as are not merely temporary in nature.
8.9 The Employer shall keep a record of all overtime worked. Copies of this record will be given to the Guild upon request.
8.10 This Article is superseded by the terms of Side Letter R.
ARTICLE 9—OVERNIGHT ASSIGNMENTS
9.1 Any employee, whose job duties require sleeping away from home for one or more nights, will receive, for all overtime worked on the assignment, including travel time, compensatory time off at the overtime rate, in addition to his/her regular salary. Said compensatory time shall be scheduled and taken by mutual agreement within 30 days following the completion of the out-of-town duties or paid for in cash at the overtime rate. Consideration will be given to employee's request for compensatory time to be granted at a time convenient to the employee outside the thirty-day period. Any employee who chooses not to accept such assignments shall notify the Employer on a quarterly basis by January 1, April 1, July 1 and October 1. An employee shall not be penalized for his/her decision.
9.2 The Employer shall cause a record of all compensatory time to be kept. Copies of such records shall be given to the Guild on request.
9.3 The provisions of Article 9.1 will not apply to Company-paid seminars and other paid educational processes, provided that the employee's participation is wholly voluntary.
9.4 This Article is superseded by the terms of Side Letter R.
ARTICLE 10—MAINTENANCE OF DIFFERENTIALS
10.1 Whenever the top minimum salaries are increased, the dollar differential above the top minimum will be maintained for any employee being paid above the top minimum. Dollar differentials above other minimums, for those employees under the top minimum, shall be maintained until the next experience step/up level is reached, at which time the employee shall receive the contract rate.
10.2 No Reduction in Pay: The Employer will not reduce the salary or wages of any employee during the life of this Contract. Nor shall any employee be compensated on a space rate basis, nor shall any present or future employee be compensated on a commission basis, except as is permitted under certain provisions of this contract.
10.3 Higher Classification Work: Any employee working in a higher classification shall receive at least the minimum in the higher classification next greater than his/her regular salary. If such employee works twenty/two and one-half (22 ½ ) hours or more, in such higher classification, such employee shall receive the higher rate for the full working week.
(a) When a present employee fills a temporary vacancy in the Outside Sales staff, such employee will receive at least $75.00 per week over the employee's current weekly rate, or the step-up increase, whichever amount is higher, for the duration of the assignment. It is further understood that all time spent working the Outside Sales position shall be included in determining experience credit. (b) 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).
10.4 Added Responsibility: Whenever an employee covered by this contract is assigned to perform the work of a department head, assistant department head, section head or assistant section head, he/she shall be paid, in addition to his/her regular weekly earnings, a differential in accordance with present practice (at least 15 % above the top minimum of the employees under his/her direction).
10.5 This Article is superseded by the terms of Side Letter R.
ARTICLE 11—GENERAL INCREASES AND MINIMUM WAGES
11.1 This Article is superseded by the terms of Side Letter R.
Effective 9/1/07 $750.00 one-time lump sum bonus Effective 1/1/08 $750.00 one-time lump sum bonus Effective 9/1/08 $25 weekly increase added to base pay
ARTICLE 12—GENERAL WAGE PROVISIONS
12.1 The Employer will pay all salaries or wages weekly. At the employee's option and where the arrangement can be made with the employee's financial institution, the Employer will provide for direct deposit of the employee's pay checks.
12.2 Experience means experience in comparable work. In the case of Group 2 Interns, no experience credit will be given for prior experience. In all other cases, the Guild has 18 months from the date it is notified of an employee's employment to challenge the employee's experience rating. The Employer will consider all claims made within that period, and claims beyond that period will be considered waived. In the event of any dispute over an employee's experience rating, the parties will consider expedited arbitration under Article 40.2.
The adjustment will become effective once the Employer has been made aware of the additional experience. The Employer will retroactively adjust the wages provided the union raises the claims within 90 days following the end of the employee's probationary period.
12.3 Night Differential: Employees will receive a night differential of $1.40 per shift for working any shift which ends at or after 7 p.m. but before 8:00 p.m., exclusive of overtime; for shifts ending at or after 8:00 p.m., but before 1:00 a.m., exclusive of overtime, $2.00 per shift; and for shifts encompassing any portion of the period between 1:00 a.m. and 6:00 a.m., exclusive of overtime, $3.00 per shift.
Any employee regularly assigned one or more nights to either of the shifts identified in this article will have the shift differential treated as part of his/her regular weekly pay for the purposes of calculating vacation, holiday, sick leave and severance pay. This provision will apply even if such employees are assigned to another shift to cover emergencies, illnesses, vacations or other similar temporary conditions. Any employee who works such shifts identified in this article, under temporary conditions, shall not be considered regularly assigned to the shift for purposes of calculating vacation, holiday, sick leave and severance pay.
12.4 Flight Hazard Pay: A premium of five percent (5%) of an employee's weekly salary will be paid for each shift, including overtime, during which he/she is required to fly aboard a non-scheduled flight.
12.5 Number of Inexperienced Employees: Not more than ten percent (10%) of the employees at any time in any department, shall be persons with less than two (2) years' experience. For the purpose of the foregoing sentence, copypersons, Group 2 employees, office persons, Home Delivery Communications Center Clerks, and messengers shall not be included in calculating either the total number of employees or the number of inexperienced employees.
12.6 Employees no longer employed by the Employer shall be notified of the amount due them under this Article by letter to be mailed by registered mail by the Employer (a copy of each letter to be furnished to the Guild) to the last known address of such employee. Such letter is to be signed jointly by the Employer and the Guild and shall notify each employee for payment of the amount due him/her within sixty (60) days after mailing of said letter, and that failure to make such application by the employee within the time specified may absolve the Employer from making such payment, unless good cause is shown for the application being delayed beyond sixty (60) days. Said sixty-day limitation shall not apply to employees who entered or were in the war service, as defined in Article 30, either prior to or during the sixty (60) days after the mailing of said letter.
12.7 The Company will continue to provide a Flexible Spending Account (FSA) consistent with the applicable provisions of the Internal Revenue Code. The terms and conditions of the FSA shall be substantially the same as the plan presented and discussed during the 1989 negotiations. To qualify, an employee must work at least twenty (20) hours weekly.
12.8 The Company will continue to provide a 401(k) plan consistent with the applicable provisions of the Internal Revenue Code. Such plan will be funded exclusively by voluntary salary deferrals by the employees covered by this collective bargaining agreement. To qualify, an employee must work at least twenty (20) hours weekly.
12.9 Other than 12.7 and 12.8, the provisions of this Article are superseded by Side Letter R.
ARTICLE 13—INSURANCE
13.1 Riot Damage: The Employer shall at its own cost provide insurance for employees against loss of life and loss of (or loss of use of) eye or limb suffered as a result of an injury sustained in the course of their work in connection with riot, civil commotion, insurrection, crime or disaster. Such life insurance shall be in the principal sum of $100,000.00, and such other insurance shall be in the usual proportional amount of said principal sum.
13.2 Insurance in the amount of $100,000.00 will be provided by the Employer for reporters and photographers who are required in the course of their work to travel by airplane on other than a regularly-scheduled flight.
13.3 Travel-accident insurance coverage provided by the Employer will apply to employees covered by this agreement. Such coverage is not an addition to insurance coverage provided for elsewhere in this agreement.
13.4 Short-term Disability: The Employer will maintain, at its own expense, the present disability benefit for accidental injury or sickness. The policy will provide a weekly benefit of $50.00, for a maximum of 13 weeks, for that period in which the individual is not entitled to sick pay benefits. The Employer may, for each week during which he pays sick pay to the employee, retain the weekly payment due under this insurance.
13.5 This provision is superseded by the terms of Side Letter R.
ARTICLE 14—EXPENSES
14.1 Employees shall be entitled to all proper and reasonable expenses incurred in the course of their duties. This Article is superseded by the terms of Side Letter R.
14.2 Meal Allowance: Any employee who is required to work overtime two consecutive hours, either pre-shift or post-shift, or who is required to work 9½ consecutive hours or more without a lunch period, shall be entitled to a meal allowance of $9.00.
The current practice in the Inquirer Classified Department shall continue: those salespersons working on Friday nights until 7:00 p.m. will continue to receive supper money.
14.3 Auto Allowance: A "regular car user" is an employee who consents and is authorized to use a privately-owned automobile in the business of the Employer. Such employee will receive at least $10.00 per day, five days per week, 52 weeks per year, or $.23 per mile, whichever is greater. Effective 1/2/94, the mileage allowance only is increased to $.28. Parking will be provided for regular car users. If the employee uses the automobile on the employer's business an additional day, the employee will receive at least the minimum for this additional day.
An “occasional car user” is an employee who consents and is authorized to use a privately-owned automobile, and shall be paid $ .23 per mile, but not less than $10.00 for each day on which the automobile is used. Effective 1/2/94, the mileage allowance only is increased to $.28. The company will provide a $2.00 parking supplement on those days "occasional car users" use their cars for work and provide documentation.
Mileage rate increases will be calculated at the rate of ½ cent per mile for each 5-cent increase in the cost of unleaded gasoline, based on a monthly reading of the Consumer Price Index of gasoline in the Philadelphia Market Region (base of $ 1.215 per gallon). Conversely, if the price drops below each 5-cent increase above the base level, the mileage allowance will be reduced accordingly, but not below the base rate of $ .23 per mile. Effective 1/2/94, the base rate is increased to $.28 per mile.
The Employer can only terminate authorization as a regular car user if the employee's job assignment changes permanently, so that regular car use is no longer necessary. The Employer must give a 180-day notice in writing of a change in status.
Any other change in the terms of this article during the life of the contract can be made only by mutual agreement.
Present company car-users may elect during the term of this contract to convert to their personal cars, with the approval of the Employer, but shall not be required to do so by the Employer. Employees shall not be penalized for not electing to convert to personal-car user status.
14.4 Necessary working equipment shall be provided to employees at the Employer's expense.
ARTICLE 15—HOLIDAYS
15.1 New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day will be paid holidays. If a paid holiday falls on a Sunday, the following Monday will be considered as the holiday.
An employee will be permitted to be absent from work with pay on Rosh Hashana, Yom Kippur, Good Friday, and Martin Luther King Jr. Day, provided the employee has notified his/her immediate superior at least two (2) weeks in advance. The employee may be required to make up the absence by working on a regular day off or on one of the other holidays, as may be agreed on by the emplo |