Guild Internal Auditors Unit
THIS CONTRACT entered into at Philadelphia, Pennsylvania, as of the 1st day of Sept. 2001, and continuing until midnight, August 31, 2008, by and between PHILADELPHIA NEWSPAPERS, INC., publisher of The Philadelphia Inquirer and The Philadelphia Daily News, (hereinafter referred to as "the EMPLOYER"), and THE NEWSPAPER GUILD OF GREATER PHILADELPHIA, “Internal Auditors” Unit, an affiliate of THE NEWSPAPER GUILD - COMMUNICATIONS WORKERS OF AMERICA, (hereinafter referred to as "the GUILD" or "the UNION"), acting for and on behalf of itself and of those members, present or future, covered by this contract.
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 Internal Auditors (hereinafter referred to as "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, Inc., 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 Returns Room Department. It is agreed that this contract shall not limit or be construed to limit the Company’s right to have non-bargaining unit Supervisors and/or Managers perform bargaining unit work
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--CHECK-OFF
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 check-off 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 7-1/2 hours, falling within 8-1/2 consecutive hours (including an unpaid hour for lunch). 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, regular work schedules may be arranged to provide for shifts greater or lesser than 7-1/2 consecutive hours, excluding lunch, so long as the scheduled work week does not exceed 37-1/2 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 provision(s) it believes were violated. Such agreements will list the days of work and the hours of work each day. 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 Employee schedules, including days off and starting times, shall be posted at least two weeks in advance of the week to be covered by such schedule. After posting, schedules may be modified as follows:
a) On the Friday immediately before the work week, the employer may change any employee’s starting time for any given day(s) of the work week by plus or minus two hours.
b) An employee's schedule may be changed by mutual agreement between the employee and Employer. Such mutually agreed changes to a schedule may be made at any time.
7.4 Turnaround: Except as noted hereinafter, there shall be at least 10 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 work day follows the employee's two days off, there shall be a break of at least 56 hours.
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.
8.2 Full-time and part-time employees will receive overtime pay, at the rate of time and one-half, for all hours worked over 7-1/2 in any day; over 37-1/2 in any week; more than five days per week; and for hours other than the employee's regularly scheduled hours.
8.3 All overtime must be authorized in advance by the company.
8.4 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.
8.5 An employee may be required to work on any of his/her regular or scheduled days off. If a fulltime employee is required to report to work on any of his/her regular or scheduled days off, he/she will receive not less than four hours pay at the overtime rate. If a part-time employee is required to report to work on any of his/her non-scheduled days he/she will receive not less than four hours work or pay in lieu thereof at the straight-time rate.
ARTICLE 9—MAINTENANCE OF DIFFERENTIALS
9.1 No Reduction in Pay: The Employer will not reduce the salary or wages of any employee during the life of this Contract.
9.2 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 (22-1/2) hours or more, in such higher classification, such employee shall receive the higher rate for the full working week.
9.3 Added Responsibility: Whenever an employee covered by this contract is assigned to perform the work of a department head, section head or assistant section head, that employee shall be paid, in addition to his/her regular weekly earnings, a differential of at least 15% above the top minimum of the employees under his/her direction.
ARTICLE 10--GENERAL INCREASES AND MINIMUM WAGES
10.1 The hourly minimum wages for Internal Auditors shall not be less than the following scales prior to diversion for pension and health and welfare.
8/01/2001 $19.06
9/01/2001 $19.06
9/01/2002 2.29%
9/01/2003 2.24%
9/01/2004 2.19%
9/01/2005 2.15%
10.2 Internal Auditors employees will divert money to their pension and health and welfare funds from the above agreed upon hourly rates according to the following schedule:
Beginning Sept. 1, 2001, the Employer will divert forty-two (42) cents for each hour worked by each employee to The Newspaper Guild International Pension Fund to provide a pension to Internal Auditors.
Beginning Sept. 1, 2001, the Employer will divert $3.00 for each hour worked by each employee to the Newspaper Guild of Greater Philadelphia Health and Welfare Plan for medical insurances.
Diversions in subsequent years will be communicated by the Guild to the Employer no later than August 1 in each year.
10.3 Those employees whose hourly rates are greater than $19.06 an hour before diversions will not receive increases until their hourly wage rates equal those of their coworkers.
10.4 If the parties reach agreement on this first contract by Sept. 1, 2001 and if the agreed upon hourly rate is at least $19.06, then the 2.35% wage increase negotiated as part of the May 4, 2001 agreement ($14.10 Agreement) between PNI and the Guild shall be deemed already included in the $19.06. Otherwise, the 2.35% increase shall be in addition to any other increases agreed to.
ARTICLE 11--GENERAL WAGE PROVISIONS
11.1 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 paychecks.
11.2 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 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 26, either prior to or during the sixty (60) days after the mailing of said letter.
11.3 The Employer agrees to establish 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 currently applicable to the Main Unit. To qualify, an employee must meet the eligibility requirements set forth by the FSA program.
11.4 The Employer agrees to establish 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 meet the eligibility requirements set forth by the 401(K) plan.
ARTICLE 12—EXPENSES
12.1 Upon the submission of proper documentation, employees shall be entitled to all authorized proper and reasonable expenses incurred in the course of their duties.
12.2 Auto Allowance: All employees are required to have access to a properly insured automobile for use on non-SPP audits. Employees who use their automobile for work will be compensated at the rate of $.28 per mile.
Mileage rate increases will be calculated at the rate of 1/2 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 rate of $0.28 per mile.
ARTICLE 13—HOLIDAYS
13.1 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, at the Employer’s discretion the prior Saturday or following Monday will be considered as the holiday.
An employee will be permitted to be absent from work with pay on Rosh Hashanah, Yom Kippur, Good Friday, and Martin Luther King Jr. Day, provided the employee has notified his/her immediate superior at least three (3) 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 employee and superior.
13.2 In addition to their regular days off, employees shall be free from work on three (3) of the paid holidays and shall receive one day off in lieu of each of the three other holidays they are required to work.
13.3 If any of the paid holidays falls during an employee's vacation, or on an employee's regular day off, the employee will receive a compensating paid day off within 30 days following the holiday.
13.4 If an employee is required to work upon a holiday, or upon a day on which the employee is entitled to be free from work for having worked upon a paid holiday, the employee will be paid one and one-half times his/her regular day's pay for all hours worked on the holiday. Note – 13.4 Does not apply for the first 3 (three) holidays worked pursuant to 13.2.
ARTICLE 14--PERSONAL DAYS
14.1 Employees on the payroll as of January 1 of any year will receive three paid personal days per year. The dates on which these personal days are taken will be mutually agreed upon between the employee and the department head. Employees shall designate prior to October 1 the dates for their personal days for the remainder of the calendar year. If an employee fails to make such designation by October 1, the Employer may assign the days to be taken within the calendar year.
During the initial period of employment, permanent employees hired after January 1 and prior to June 30 of any year, will be entitled to one personal day during the year. Any employee hired between July 1 and December 31 will be granted one personal day, provided the employee's birthday falls after the employee's date of hire, but prior to January 1 of the following year
.
ARTICLE 15--BEREAVEMENT LEAVE
15.1 In the event of a death in the employee's immediate family, the employee will be given up to three (3) days off with pay. "Immediate family" is defined as parents, children, siblings, spouse, declared domestic partner, mother-in-law, father-in-law, daughter-in-law, son-in-law, grandparents, grandchildren, guardians, step-parents, step-children, step-brothers, step-sisters, brothers-in-law, sisters-in-law, foster parents and relatives residing in the employee's household.
In special circumstances, consideration will be given for relatives not enumerated above
.
ARTICLE 16--JURY DUTY LEAVE
16.1 An employee summoned to jury duty shall be entitled to a leave of absence for the period of such duty and shall be paid for the period the difference between the employee's regular salary and the amount of money received for jury service. If a regular employee is scheduled to work on a Saturday and/or Sunday, the employee shall, for the period of jury duty, have Saturday and Sunday designated as regular days off.
The Employee may, for the purposes of this article, reschedule another employee to cover the vacated off days without regard to the limitations on schedule changes expressed elsewhere in this contract.
Night shift employees shall not be required to work on days called to jury duty.
ARTICLE 17—VACATIONS
17.1 Employees will receive each year paid vacations under the following schedule:
Length of continuous service Amount of vacation
1 year……………..…………2 weeks (10) days
2 years……………………… 3 weeks (15) days
6 years……………………… 4 weeks (20) days
20 years…………………….. 5 weeks (25) days
Less than one year, one day for each full month of service before June 30, up to a maximum of 10 days.
17.2 The Employee's total length of continuous service under 17.1 will be the number of calendar years, effective on June 30, for the calendar year in which the vacation is allowed. The amount paid per week will be the employee's regular weekly rate.
17.3 The normal vacation period will be June through August. Employees with three or fewer weeks vacation may be required to take up to two weeks of their vacation during that summer period. Employees with four weeks vacation may be required to take up to three weeks of their vacation during that summer period. An employee, with the consent of the department head, may take all or a portion of their summer vacation leave at another time in separate full week periods. Requests for vacation in less than full week increments will only be granted with mutual consent between the employee and employer.
17.4 Employee requests for vacation time off shall be determined on the basis of seniority, for requests made prior to March 1. The schedule of vacations by seniority shall be posted by March 8. (All available vacation time not claimed by March 1, on the basis of seniority, shall be determined on the basis of the order in which requests are received.) If additional vacation weeks become available after March 1, the selection of these weeks shall also be by seniority. Any Summer vacation time not selected by May 1 may be assigned by the employer. Any non-summer vacation time not selected by September 1 may be assigned by the employer.
ARTICLE 18--SICK LEAVE PAY
18.1 (a) An employee absent due to illness or injury shall be entitled to sick pay for up to 26 consecutive weeks.
(b) Pay during that period will be calculated on the basis of sixty-five percent (65%) of the employees straight time pay at the beginning of the illness.
(c) In case of illness, an employees’ sick leave pay entitlement will not commence until the fourth (4th) day of the qualifying illness. A qualifying illness is an illness for which the employee has seen and received a note from a Doctor. The three-day wait period begins to run when the employee has seen a Doctor. In the case of a qualifying injury, the employee’s sick pay would begin from day one of the injury.
(d) An employee’s sick leave entitlement shall cease upon termination of the employee.
18.2 If the illness of an employee extends from one service year into the next service year, the employee is not entitled to receive sick leave pay for such absence in excess of the amount indicated.
"Service Year" is defined as the period of 365 days beginning on January 1 for those employees hired during the period from January 1 through June 30; or July 1 for those employees hired during the period from July 1 through December 31. If an employee's sick leave absence is not continuous from one service year into the next, the employee's full sick leave will be renewed at the beginning of each service year.
18.3 When an employee has been continuously absent because of accident or illness for more than 40 weeks, the employee or Employer may then elect to terminate employment. Thereupon, the employee's employment will cease entirely and, upon payment by the employer of any outstanding money due to the employee, the Employer shall have no further obligation to such employee.
If the Employer does not elect to terminate employment, the employee may, upon recovery from accident or illness, be reinstated to his/her position by the Employer.
For the purpose of this article, the employee's effort to return to work when not in suitable physical condition to perform his/her normal duties on a full-time basis shall not operate to interrupt continuity of absence.
18.4 The Employer may require an employee absent because of illness to submit a physician's certificate or may have him/her examined by a physician selected by the Employer.
18.5 The provisions of the Article shall in no way affect, modify or waive the Employer's rights and liabilities or the employee's rights under the Workers' Compensation Laws.
18.6 Employees on such leave are expected, to the extent possible, to notify the Employer of the probable date of their return.
18.7 In case of payment of sick leave pay to an employee under this Section 18, the Employer shall be subrogated to the extent of such payment to all rights of the employee for lost wages against any third party, who or which by act of commission or omission caused the absence of the employee, which required the payment of sick leave pay by the Employer. Such rights shall be assigned to the Employer by the employee immediately upon receiving the first week's sick leave pay. The Employer shall be authorized to sue, compromise, or settle in the employee's name and the employee will, when requested by the Employer, execute any and all documents pertaining to such litigation. Any action taken by the Employer shall be without cost to the employee. Amounts recovered shall be used as offsets against sick time charged to the employee.
18.8 Nothing in this Article waives the Employer's right to discipline employees for excessive absenteeism.
ARTICLE 19—RESIGNATION
19.1 Employees shall give two weeks' notice before resigning.
ARTICLE 20--HEALTH AND WELFARE
20.1 Internal Auditors may elect to participate in the Newspaper Guild of Greater Philadelphia Health and Welfare Plan (the “Plan”) on the terms and conditions set forth in this Article.
20.2 Full-time Internal Auditors are eligible to participate in the Keystone 10B “point of service” with $10/$15 Prescription Plan (“Keystone 10 plan”). The premiums for such coverage will be paid by diversions to the plans as outlined above in Article 10.2.
20.3 Part-time Internal Auditors who work more than the average of twenty (20) hours per week in the preceding quarter are eligible to participate in the Keystone 10 plan on a pro rata basis. They will be credited with the amount of diversions as Article 10.2 establishes and will pay, by payroll withholding, the balance of the amount required for such coverage.
20.4 In addition to the Keystone 10 plan, the Board of Administration of the Plan shall afford Internal Auditors the opportunity to elect to participate in a dental and/or a vision plan. An eligible individual who elects to participate in the dental plan and/or vision plan shall be responsible for the payment of the full cost of the coverage he or she elects. Notwithstanding the preceding, if the amounts have been diverted to the Plan pursuant to Article 10.2 hereof, the Board of Administration may use Plan assets to cover all or a portion of the costs of the dental and/or vision plans.
20.5 The Employer will pay into the Plan amounts required of it and amounts withheld from employee pay under the rules in effect from time to time for other Employer and Employee contributions to the Plan.
20.6 The Employer and the Union agree to take such actions as may be reasonably necessary or appropriate to implement the provisions of this Article.
(This proposed Article 20 is subject to the acceptance by Plan Trustees.)
ARTICLE 21—PENSION
21.1 In addition to salaries, the Employer and the Union agree to establish participation in the Newspaper Guild International Pension Plan (the “Plan”) in which all individuals designated as either full-time employees or part-time employees in the Returns Room Dept. (“Eligible Employees”) shall participate.
21.2 Each Eligible Employee shall participate in the Plan effective the later of the Eligible Employee’s date of hire as an Eligible Employee or 30 days after the ratification of the initial contract.
21.3 The Employer will make diversions to the Plan according Article 10.2.
ARTICLE 22—PROBATION PERIOD
22.1 The first three (3) months after an employee's hire, shall be a probationary period.
22.2 During the employee's probationary period, the employee may be dismissed. The decision of the Employer of the employee's employability shall be final and not subject to Grievance and Arbitration provisions.
22.3 Upon written notice, the Company shall have the right to extend probationary periods for up to an additional 3 (three) month period.
ARTICLE 23--JOB POSTING
23.1 The Employer will post any new or vacant Guild covered Returns Room position. Employees may apply and will be considered for those positions.
(a) Any employee who is rejected for a position shall be notified of the rejection. The employee may request a meeting with a representative from Human Resources to discuss the reason(s) for the rejection.
23.2 The Employer and the Guild agree that there shall be no discrimination in job tryouts and advancements by reason of age, race, creed, color, national origin, sex, marital or parental status, sexual preferences, union activities or irrelevant physical or mental disability.
ARTICLE 24—SECURITY
24.1 The Employer will not discharge any employee except for good and reasonable cause.
If arbitration is required to determine whether there was good and reasonable cause for discharge, regardless of seemingly conflicting provisions in Article 30, arbitration must be requested within 45 days of discharge. The arbitrator's decision shall be restricted solely to a finding of whether or not the discharge was for good and reasonable cause. If the decision is in favor of the Employer, the award shall be limited to sustaining the discharge, and if the award is in favor of the Guild, the award shall be limited to reinstatement of the employee or employees, with full pay for all time lost.
24.2 The Employer shall give to the Guild and to the employee notice in writing of an intended dismissal at least two weeks in advance of the effective date, stating the reason for the dismissal.
Notwithstanding the provisions of this article, the Employer may discharge an employee immediately upon giving to the Guild and to the employee written notice of the dismissal and of the reason therefore, accompanied by a payment to the employee of two weeks salary in lieu of the two weeks notice.
24.3 Warning Letters: The Employer will send the Union a copy of any warning letter issued to an employee covered by this contract. If the Union or the employee submits a written answer to the warning letter, the response will be placed in the employee's personnel file.
The Employer will also send to the Guild any formal letter of commendation issued to any employee covered by this contract.
ARTICLE 25--PART TIME AND TEMPORARY EMPLOYEES
25.1 Part-time employees are subject to all terms of this contract. Their wages and benefits shall be computed on a pro-rata basis in proportion to time worked, except as otherwise set forth in this agreement.
25.2 Employees may, by mutual consent of the employee and Employer, convert to part-time status or be assigned work schedules inconsistent with Article 7 after returning from maternity/paternity leave or because of personal needs or family emergencies. Any such change to part-time status or change in schedule shall not be implemented prior to written notification to the Union. An employee may continue in part-time status or inconsistent schedule for no longer than one year, unless the period is extended by mutual consent of the employee, the Employer and the Guild.
25.3 Persons may be hired to do the work done by employees on vacation, or on paid or unpaid leave. The wages, hours, overtime, holiday, grievance and arbitration provisions of this contract, but no other provisions, shall apply to such temporary employees.
25.4 In order to fill short-term needs, temporary employees may be employed who shall be subject to all provisions of this contract, except articles covering Job Posting and Bidding; Vacations; Paid Sick Leave; Security; and Leave for United States Service.
The term of such employee may not exceed six months in any twelve-month period.
25.5 Regardless of any other seemingly conflicting provision of this contract, when an employee who has been absent because of illness or maternity leave returns to work, any other employee hired because of the first employee's absence may be dismissed by the Employer. Any employee transferred to a different position because of the first employee's absence may be returned to his/her former position, and to his/her former rate of pay, or the scale then applicable to the former position if that then is higher than his/her former pay. The Guild and the employee affected by this section shall be notified in writing of its existence and of the nature of the substitution at the time of hiring or transfer, as the case may be.
ARTICLE 26--REDUCTION IN FORCE
26.1 Where the cause for dismissal is one other than the fault of the employees involved, the Employer must: give to the Guild a written notice, at least 30 days in advance, if practicable, but not less than 15 days, of its intention to institute dismissals, and shall, during the period before the dismissal becomes effective, engage in a reasonably full discussion with the Union over the proposed dismissal.
The employee proposed for dismissal shall be the one who has the least seniority in the Returns Room Dept..
26.2 Whenever practical (i.e. wherever there would be no significant difference in cost or efficiency of operations) part-time employees will be eliminated before the dismissal of full-time employees in their group. A full-time long-term employee who suffers a dismissal may claim an existing part-time job in the same group, replacing the part-time incumbent.
26.3 In case of a reduction in the force, any employee who would not be displaced may volunteer to be dismissed. If such offer is accepted, the employee shall maintain the rights listed in Articles 26.4 and 26.5.
26.4 An employee who suffers a dismissal under this article, shall for one year after the date of dismissal, be given preference on the basis of seniority for filling any position which the employee previously performed, or which the employee is demonstrably capable of performing.
Before hiring a new employee into a classification from which an employee has been displaced to another position, the employee will, for a period of one year following displacement, be offered the opportunity to return to his/her previous classification. The Employer may, at its discretion, for a period of one year following the displacement, reassign an employee displaced to a higher classification back to his/her former classification at the then current rate of pay for the former classification.
26.5 Any disagreement between the Employer and the Guild as to whether the criteria above set forth have been fulfilled, shall be subject to grievance and arbitration.
ARTICLE 27--LEAVE OF ABSENCE
27.1 Leaves of absence shall be granted for a good and sufficient cause by arrangement with the Employer, provided it is practicable for the Employer to grant such leave.
27.2 Leaves of absence shall not constitute termination of employment, and the period of such leave of absence shall be added to the employee's length of service for the Employer insofar as experience rating, sick leave pay, vacations or any other accumulated credits are concerned up to a period not exceeding one hundred and twenty (120) days.
Provisions of this Article shall not alter or extend the status of any employee who is a replacement for an employee absent on leave under this contract.
An employee who expects to go on leave under this Article must give notice of his/her intention to take such leave of absence at least three (3) weeks before the beginning of the leave and notice of the date on which he/she expects to return to work at least three (3) weeks before such date.
27.3 Maternity/Paternity Leave: At the request of an employee, maternity or paternity leave of up to twelve (12) months shall be granted without pay to any employee with one year or more of service with the Employer. All leaves must commence not later than four (4) months following the end of disability or date of adoption. During such leave, the employee shall accumulate sick leave, vacation, experience rating and other credits. An employee returning from maternity or paternity leave shall give three (3) weeks notice of his/her return.
27.4 In addition to other leaves provided under this Article, an employee shall be granted leave in accordance with Federal or State Statute that is specifically applicable to the employee requesting the leave.
27.5 Union Leave: Leaves of absence will be permitted to employees, not to exceed one (1) at one time, who are elected or appointed to full-time positions with the Local Guild, The Newspaper Guild or the AFL-CIO.
Leaves of absence, subject to Article 25.5 shall be granted to delegates attending the annual convention or special meeting of The Newspaper Guild.
27.6 Leaves of absence shall be granted to employees while performing duty in the National Guard and the Army, Navy, Marines, Air Force or Coast Guard Reserve.
ARTICLE 28--LEAVE FOR UNITED STATES SERVICE
28.1 Any employee with three (3) months or more of service with the Employer who is required under Act of Congress to enter the Service of the United States, or of any State, or who, if the United States is at war, voluntarily enters the armed forces of the United States, or of any State, or the United States Merchant Marine, or any employee who in the future may be conscripted by a Manpower-Draft under an Act of Congress to enter the service of any employer other than the Employer, and who furnished Management such documentary proof that he/she was to be conscripted, shall be considered as on leave of absence, and shall have the time spent by him/her in such services (hereinafter sometimes referred to as "war service") added to the length of his/her service for the Employer for all purposes. Any such employee who within ninety (90) days plus reasonable travel time of his/her release from war service applies for reinstatement, shall within two (2) weeks after the Employer receives such application be returned to his/her former position, if he/she is capable physically of filling it, at the rate of pay then applicable thereto (but in no event shall it be less than the pay he/she received upon taking his/her leave of absence) and with all the benefits accorded to employees under the then existing contract between the Employer and the Guild. If the employee is physically incapable of performing the work of his/her former position, the Employer shall do everything reasonably possible to find a position for him/her which he/she can fill, which position shall be held under the terms of the then existing contract between the Employer and the Guild. In attempting to make such a position available the Employer may, if necessary, dismiss upon the payment of two (2) weeks' severance pay for one (1) year or less work for the Employer, or three (3) weeks' severance pay for more than one (1) year's work for the Employer, an employee who was hired subsequent to the entry into service of the returning employee.
Regardless of any other seemingly conflicting provisions of this contract when an employee who has been on leave of absence, because of having been in the service of the United States, or of any State, or of the United States Merchant Marine, or an employer other than the Employer, as herein defined, applies for reinstatement, any other employee who was hired because of such first employee's absence may, upon the payment of two (2) weeks' severance pay for one (1) year or less work for the Employer, or three (3) weeks' severance pay for more than one (1) year's work for the Employer, be dismissed by the Employer, and any employee who was transferred to a different position because of such first employee's absence may be returned to his/her former position and to his/her former pay, or the scale then applicable to his/her former position, if that then be higher than his former pay.
An employee hired or transferred to substitute for an employee on leave of absence under the provisions of Section (a) of this Article shall be notified in writing, at the time of his/her hiring or transfer, as the case may be, of the fact that his/her employment or transfer is subject to the provisions of this Section (b) and of the name of the absent employee for whom he/she is substituting.
The benefits of this Article 26 shall be extended to include such employees as, being subject to induction under the Selective Service Act, voluntarily enlist, and to employees in the reserve of any service who enter active service.
ARTICLE 29 -- HEALTH AND SAFETY
29.1 The Employer shall provide properly lighted, clean, properly ventilated, and properly heated/air-conditioned work areas in conformity with federal, state, and local health and safety laws and regulations.
29.2 The Employer will not require any employee, without his/her consent to work under conditions which may be injurious to the employee's health, life or limb.
ARTICLE 30--BULLETIN BOARDS
30.1 Bulletin boards shall be provided for the exclusive use of the Guild in all departments where Guild members are employed. A minimum of two bulletin boards will be provided in departments where there are more than 75 Guild members and three where there are in excess of 150. The Company agrees to provide additional bulletin boards in any new departments or sub-divisions where Guild members are employed. The use of bulletin boards will be confined to the posting of notices and official Guild business.
ARTICLE 31--GRIEVANCE PROCEDURE
31.1 Any dispute over the interpretation of any clause of this agreement, or over the carrying out of any of its terms, shall be settled by negotiations between a committee representing the Employer or its authorized representative, and a committee chosen by the Guild. If the parties fail to reach an agreement acceptable to the Representative Assembly of the Guild within twelve (12) days, the matter will be referred to a local Joint Board.
31.2 Joint Board: The local Joint Board shall be comprised of two representatives of the Guild and two representatives of the Employer, all of whom shall be selected and convene within five (5) days after the serving of a detailed and written complaint by the aggrieved party upon the other party. Within one week after it convenes, the Joint Board shall hold any necessary hearings, and render a decision of the majority in writing. The decision shall be final and binding upon the Guild and the Employer.
ARTICLE 32—ARBITRATION
32.1 If the Joint Board is unable to arrive at a majority decision within seven (7) days of its first meeting, the dispute shall, upon written demand of either party, be submitted to arbitration by an impartial arbitrator to be designated in accordance with the current rules of the American Arbitration Association.
The arbitrator shall render a decision in writing as soon as possible. This decision will be final and binding upon the Employer and the Guild. The fee of the arbitrator, including expenses, and the American Arbitration Association's bill for administrative costs, shall be borne equally by the parties. Neither party shall be required to pay any part of the cost of a stenographic transcript without express consent.
32.2 Expedited Arbitration: Upon mutual agreement, the parties will meet and consider such steps as may be appropriate to expedite the arbitration of a given grievance. Such steps may include waiving transcripts, waiving briefs, stipulating facts and issues in advance of the hearing, requesting bench decisions or taking other such steps as the parties may find acceptable.
ARTICLE 33—SENIORITY
33.1 Seniority means length of continuous employment. Employment shall be deemed continuous unless interrupted by (a) dismissal for good and reasonable cause, (b) resignation, (c) refusal to accept an offer of rehire into the classification in which an employee worked when dismissed, (d) or where the language provisions elsewhere in the contract would be in conflict with this section.
ARTICLE 34--CONFLICTS OF LAW
34.1 In the event any federal, state or local law makes illegal any provision of this Contract, the provision or provisions so affected shall no longer be operative or binding upon the parties, but the remaining portion of the Contract shall continue in full force and effect.
ARTICLE 35-- MANAGEMENT'S RIGHTS
35.1 Except to the extent expressly abridged by a specific provision of this Contract, the Company reserves and retains, solely and exclusively, all of its normal, inherent and common-law rights to manage the business, whether exercised or not, as such rights existed prior to the time the Guild became the bargaining representative of the Returns Room Dept. of Philadelphia Newspapers, Inc.
IN WITNESS WHEREOF, the parties hereto, intending that they, their successors and assigns, shall be legally bound hereby, have set hereunto their hands and seals this 14th day of September 2001.
THE NEWSPAPER GUILD OF GREATER PHILADELPHIA NEWSPAPERS, INC.
PHILADELPHIA, LOCAL NO. 10
By:_______________________________ By:____________________________
By:_______________________________ By:____________________________
By:_______________________________ By:____________________________
SIDE LETTER “A” (TA 8/29/01)
August 28, 2001
Mr. Frank Santafede, Administrative Officer
The Newspaper Guild of Greater Philadelphia
1329 Buttonwood Street
Philadelphia, PA 19101
Dear Mr. Santafede:
This letter will confirm the agreement reached during the negotiations for a contract for Internal Auditors in the Returns Room Dept. that the Company may assign Internal Auditors, Cashiers and Receiving Clerks to perform work interchangeably in any and all of the three respective departments. The intent of this agreement is to allow the Company work assignment flexibility between Internal Auditors, Cashiers and Receiving Clerks.
It is further agreed, that when Internal Auditors are assigned to work as Cashiers or Receiving Clerks, the most senior available Auditor will be asked first. If he or she turns down the assignment, the next most senior will be asked, and so on until all available Auditors have been asked. If no available Auditor has volunteered, then the Auditor with the least seniority may be required to take the assignment.
Sincerely,
/s/ David A. Vidovich
Labor Relations
Philadelphia Newspapers, Inc.
/s Frank Santafede
Frank Santafede, Administrative Officer
The Newspaper Guild of Greater Philadelphia
SIDE LETTER "B" (Set aside 2/21/01)
August 29, 2001
Mr. Frank Santafede, Administrative Officer
The Newspaper Guild of Greater Philadelphia
1329 Buttonwood Street
Philadelphia, PA 19101
Dear Mr. Santafede:
This letter will serve as a memorandum of our understanding regarding the interpretation and application of the collective bargaining agreement, which we have this date executed.
1. The agreement is to be construed (Article 35 and any other provisions to the contrary notwithstanding) to forbid strikes, work stoppages, slow-downs, sit-downs or consciously parallel unjustified absences. Similarly, the contract shall be construed to forbid lockouts by the Employer.
Sincerely,
/s/ David A. Vidovich
Labor Relations
Philadelphia Newspapers, Inc.
/s/ Frank Santafede
Frank Santafede, Administrative Officer
The Newspaper Guild of Greater Philadelphia