Inquirer and Daily News Contract.
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
INQUIRER
Vice President/Inquirer Circulation
Circulation Director Inquirer Administrative
Circulation Manager Customer/Dealer Relations
Circulation Administrative Manager
Inquirer/Daily News Marketing Manager
Circulation Projects Manager
Support Center Manager
CIS Manager
Executive Secretary/Circulation
Executive Secretary/Circulation
Assistant to Vice President Circulation
Budget Coordinator
Home Delivery Projects Manager
Quality Assurance Manager
Circulation Operations Manager
DAILY NEWS
Circulation Director
Home Delivery Manager
Home Delivery Manager
Executive Secretary/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 7 ½ hours, falling within 8 ½ 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 7 ½ consecutive hours, excluding lunch, so long as the work week does not exceed 37 ½ 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 37 ½ 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, rate for the sixth day's work, regardless of the length of the employee's vacation.
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 7 ½ 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 7 ½ consecutive hours for each of the first five days of the week, and 4 ½ 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 7 ½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7 ½ .
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 7 ½ 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 7 ½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7 ½ .
Any employee, one of whose scheduled days off is Saturday, shall receive for work on Saturday, one and one-half the regular day's pay for the first five hours worked, and time and one-half the employee's regular rate of pay for all hours worked in excess of five.
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 7 ½ in any day; over 37 ½ 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 7 ½ , and time and one-half the employee's regular rate of pay for all hours worked in excess of 7 ½ .
Any employee, one of whose regular days off is Saturday, will receive time and one-half the regular day's pay for the first 4 ½ worked on Saturday, and time and one-half for all hours worked in excess of 4 ½ 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 7 ½ in one day; over 37 ½ 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 9 ½ 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 employee and superior.
15.2 All employees in the Editorial Departments shall, in addition to their regular days off, be free from work on three (3) of the paid holidays and shall receive four (4) additional days off in lieu of the other three (3) holidays without loss of pay.
15.3 All employees in all other departments will receive the six paid holidays, in addition to their regular days off, with these exceptions: Maskers, Statmaster Operators, the supervisor of Makeup, one advertising Makeup Person, and two clerks in the advertising departments; two clerks in the Accounting Department; the Assistant to the Head of Ad Production; two clerks and one messenger in Ad Production; two clerks in the Circulation Cashier's department; one Inside Circulation Galley Clerk; and two employees at the Mail Desk. All these employees may be required to work on not more than three of the six paid holidays. For each holiday worked, the employee may elect to take another day off (in addition to the employee's regular days off and normal vacation) or cash payment set forth in section 15.5. If the employee elects to take another day off, the day shall be granted during the calendar year.
15.4 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.
15.5 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 days pay for all hours worked up to 7 ½ and double-time for all hours worked (beyond one-quarter hour) for all worked in excess of 7 ½ , in addition to the employee's regular weekly salary.
15.6 This Article is superseded by the terms of Side Letter R.
ARTICLE 16 PERSONAL DAYS
16.1 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.
16.2 This provision is superseded by the terms of Side Letter R.
ARTICLE 17 BEREAVEMENT LEAVE
17.1 In the event of a death in the employee's immediate family, the employee will be given a reasonable amount of time 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.
17.2 This Article is superseded by the terms of Side Letter R.
ARTICLE 18 JURY DUTY LEAVE
18.1 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.
18.2 This Article is superseded by the terms of Side Letter R.
ARTICLE 19 VOTING TIME LEAVE
19.1 An employee required to work on Election Day during the hours the polls are open shall receive upon request and at a time convenient for the Employer, two hours off with pay to enable him/her to vote.
19.2 This Article is superseded by the terms of Side Letter R.
ARTICLE 20 VACATIONS
20.1 Employees will receive each year paid vacations under the
following schedule:
Length of continuous service Amount of vacation
6 months .......................... 1 week
1 year ................................ 2 consecutive weeks
2 years ............................... 3 consecutive weeks
6 years ............................ 4 consecutive weeks
20 years .............................5 consecutive weeks
20.2 The Employee's total length of continuous service for this article will be the amount of years, effective on June 30, for the calendar year in which the vacation is allowed. Service is counted in any capacity at the Daily News, or Inquirer, under the present Employer and all predecessor employers of said publications.
20.3 The normal vacation period will be from April 1 to September 30, and, where practical, vacations will be scheduled between June 1 and September 30. An employee may, with the consent of the department head, take vacation leave at another time, or in two or three separate periods. Consent will not be withheld unless granting the employee's request would seriously or unreasonably interfere with the usual operation of the employee's department.
20.4 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.
20.5 This Article is superseded by the terms of Side Letter R.
ARTICLE 21 SICK LEAVE PAY
21.1 An employee absent due to illness shall be entitled to full sick pay during the illness, up to the limits in the following schedule:
a. Benefits to begin on the 1st day of absence in the case of an injury or hospitalization and on the 4th day of absence in the case of illness.
b. In 2007, an employee will be allowed an absence due to illness in the calendar year at 100% without the foregoing wait period. If the employee is not absent due to illness from January 1, 2007 to June 30, 2007, the employee will be allowed a second absence at 100% without a wait period in 2007.
c. If the employee is absent due to illness from January 1, 2007 to June 30, 2007, but is not absent due to illness from July 1, 2007 to December 31, 2007, the employee will have a banked absence due to illness at 100% without a wait as of January 1, 2008.
d. At the end of 2007 or any other calendar year, employees will be allowed to bank a maximum of one unused absence at 100% without a wait period.
e. After 2007, at the outset of each calendar year, employees will be allowed one incident of absence at 100% without a wait period, plus up to one banked unused absence at 100%.
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 the remainder of this Article 21.1 of the Main Unit Agreement.
More Than: And Less Than: Amount:
A total of 6 months.. 1 year........ 2 weeks' pay
1 year...................... 1 ½ years...... 3 weeks' pay
1 1/2 years............... 2 years.......... 4 weeks' pay
2 years........................ 2 ½ years...... 5 weeks' pay
2 ½ years.................... 3 years.......... 6 weeks' pay
3 years........................ 3 ½ years...... 7 weeks' pay
3 ½ years.................... 4 years.......... 8 weeks' pay
4 years........................ 4 ½ years...... 9 weeks' pay
4 ½ years.................... 5 years..........10 weeks' pay
5 years........................ 5 ½ years......11 weeks' pay
5 ½ years.................... 6 years..........14 weeks' pay
6 years........................ 6 ½ years......15 weeks' pay
6 ½ years.................... 7 years..........17 weeks' pay
7 years........................ 7 ½ years......18 weeks' pay
7 ½ years.................... 8 years..........19 weeks' pay
8 years........................ 8 ½ years......20 weeks' pay
8 ½ years.................... 9 years..........21 weeks' pay
9 years........................ 9 ½ years......23 weeks' pay
9 ½ years.....................10 years.........25 weeks' pay
10 years........................10 ½ years.....26 weeks' pay
10 ½ years....................11 years.........28 weeks' pay
11 years........................11 ½ years.....29 weeks' pay
11 ½ years....................12 years.........30 weeks' pay
12 years........................12 ½ years.....31 weeks' pay
12 ½ years....................13 years.........32 weeks' pay
13 years........................13 ½ years.....33 weeks' pay
13 ½ years....................14 years.........34 weeks' pay
14 years........................14 ½ years.....35 weeks' pay
14 ½ years....................15 years.........36 weeks' pay
15 years........................15 ½ years.....37 weeks' pay
15 ½ years....................16 years.........38 weeks' pay
16 years........................16 ½ years.....39 weeks' pay
16 ½ years or more ............................40 weeks' pay
21.2 An employee will not be entitled to sick pay until the employee is notified in writing by the Employer that he/she will be retained in his/her position, or until the employee completes three months of employment, whichever occurs earlier.
The minimum allowance for an employee with less than one year's continuous service will be two (2) weeks' pay, subject to the preceding paragraph.
21.3 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 on the Schedule in Article 21.1.
"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.
21.4 The length of service mentioned in Article 21.1 shall include the employee's total length of continuous service for the Daily News or The Inquirer in any capacity under the present Employer and all predecessor Employers.
21.5 When an employee has been continuously absent because of illness for more than 40 weeks, the employee may then, until the end of the year which began with the first day of absence, elect to terminate employment. The employee will then be entitled to receive an illness termination pension benefit pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other plan as the parties may negotiate, which shall not be less than the applicable amount set forth on the Attached Exhibit A. His/her employment will then cease entirely and the Employer shall have no further obligation to such employee.
When an employee has been continuously absent because of an illness for more than one (1) year, the Employer may at that time elect to terminate such employee's employment. The employee will then be entitled to receive an illness termination pension benefit pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other plan as the parties may negotiate, which shall not be less than the applicable amount set forth on the Attached Exhibit A. The employee will also receive a lump sum severance payment from the Employer that is equal to the total weeks of sick pay under Article 21.1 which he/she could have taken had he/she been credited with service to age 60, less the amount of the immediate lump sum entitlement for an illness termination under the terms of the North Broad St. Multiemployer Pension Plan. Thereupon, the employee's employment will cease entirely and the Employer shall have no further obligation to such employee.
If neither the employee nor the Employer elects to terminate employment under this article, but the employee dies during his/her absence because of illness, a death pension benefit shall be given pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other Plan as the parties may negotiate, which shall not be less than the applicable amount set forth in the attached Exhibit A. If neither the employee nor the Employer elects to terminate employment, the employee shall, upon recovery from illness, be reinstated in his/her regular position.
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.
21.6 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.
(NOTE: The practice of regularly requiring a doctor's certificate in cases involving illness of three (3) days' duration or less will be relaxed, providing the employee notifies his/her immediate superior of such illness at least one-half hour ( ½ ) before the time he/she is scheduled to report to work, and provided there is no indication of malingering. In the latter case, a doctor's certificate may be required before sick pay is allowed. In the case of employees who are scheduled to report for work in the afternoon or early evening the call to report illness shall continue to be made in accordance with past practice, before the scheduled time for actually reporting for work. In the case of an employee who has no telephone, notice at the earliest opportunity (by mail, if necessary) shall be considered compliance with the requirement of reporting the illness.)
21.7 The provisions of the Article shall in no way affect, modify or waive the Employer's right and liabilities or the employee's right under the Workers' Compensation Laws.
21.8 Employees on such leave are expected, to the extent possible, to notify the Employer of the probable date of their return.
21.9 In case of payment of sick leave pay to an employee under this Section 21, 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.
21.10 Where the pattern of an employee's absences allegedly due to illness, or other circumstances surrounding an absence alleged by an employee to be due to illness, indicates, in the Employer's opinion that an employee may be malingering, the Employer shall promptly send a letter to the employee, and a copy to the Guild, (1) describing such pattern or circumstance and why, in the Employer's opinion, such pattern or circumstance indicates to the Employer that an employee may be malingering, and (2) notifying the employee a physician's certificate will be required of him/her on the next occasion of his/her absence by reason of illness.
21.11 This Article is superseded by the terms of Side Letter R.
ARTICLE 22 SEVERANCE PAY
22.1 An eligible employee shall be entitled to immediately receive the applicable pension benefit (normal, death, or layoff/termination) pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other Plan as the parties may negotiate, which shall not be less than the applicable amount set forth in the attached Exhibit A , in the case of discharge, retirement at age 60 years or more, or death, except in the case of an employee who deliberately provokes his/her discharge in order to obtain an enhanced pension benefit, or if an employee is required to be discharged because of failure to maintain good standing in the Guild, as provided in Article 4.1, or because of failure to pay the Guild's service fee.
Group 2 employees, other than former Suburban Writers and Photographers, are not eligible to receive Severance. Former SWP employees are eligible to receive severance under the original terms of the Main Unit contract but not under the North Broad Street plan. In calculating service for former SWP employees under this Article, the Seniority Credit listed in Appendix A of the former 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.
The schedule for severance payments shall be the same as provided for sick leave, under Article 21.1. For purposes of this article, the employee's length of continuous service shall include all service for the Daily News or The Inquirer in any capacity under the present employer and all predecessor employers.
22.2 Death Severance: Upon the death of an eligible employee, the employee’s beneficiaries shall be immediately entitled to receive a pension benefit pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other Plan as the parties may negotiate, which shall not be less than the applicable amount set forth in the attached Exhibit A.
The minimum death severance will be $20,000.00.
22.3 Employees shall give two weeks' notice before resigning.
22.4 The benefits described in this article are in addition to any compensation provided by the Unemployment Compensation Law of Pennsylvania or any other state to the extent that such payments are provided by law.
ARTICLE 23 HEALTH AND WELFARE FUND
23.1 In addition to salaries, the Employer shall, pay into The Newspaper Guild Health and Welfare Fund, established under an Agreement and Declaration of Trust, executed on May 17, 1968, the following amounts, for each full-time employee:
Effective 9/1/2007 - $750.00 Lump Sum
Effective 1/1/2008 - $750.00 Lump Sum
Effective 9/1/2008 - $25.00 weekly
In addition to the monies diverted to Health and Welfare, the Guild, with 90 days notice, may temporarily divert an additional portion of the wage package or Pension Plan contribution to the Health and Welfare Fund. The parties will give first consideration to divert from pension of up to the $14.10 contribution before affecting wages. In any case, any diversion, either from pension or wages, would terminate prior to the expiration of the contract.
.
23.2 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. For all part-time employees, the Employer's payment shall be computed on a pro-rata basis in proportion to the time worked.
23.3 The Employer will have no obligation to make such payments for those hired as vacation replacements.
ARTICLE 24 PENSIONS
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:
a. As may be necessary to meet minimum funding requirements in accordance with applicable laws or as set forth below.
b. The Employer will continue to make contributions only to the extent that those contributions reflect past or future employee wage diversions from wage packages.
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.
ARTICLE 25 JOB POSTING AND BIDDING
25.1 The Employer shall take the following steps:
(a) The Employer will post on all Guild bulletin boards for ten days, notices of all noneditorial job vacancies. Library vacancies will be posted but will otherwise be considered Editorial Department positions. An employee desiring to fill a vacancy shall submit written application during the ten-day posting. The Guild will be notified in writing of the vacancies.
(b) Give first consideration to regular employees then on the payroll in filling new or vacant positions in preferable or higher paid classifications. 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.
(c) Give first consideration for regular employment to part-time, temporary and replacement employees then on the payroll in filling any vacancies created by the departure or transfer of any regular full-time employee.
(d) Give any employee who applies for a posted position and is rejected, notification of the rejection in writing. The employee may request a meeting with the Department Manager and a representative from the Human Resources Employment Office to discuss his/her application for the posted position.
25.2 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.
25.3 Only the foregoing provisions but no other provisions of this Article will apply to employees working pursuant to Side Letter R.
25.4 An employee may be transferred from a lower to a higher classification for a trial period of 90 days, a period which may be extended by mutual agreement between the Employer and the Guild. During this trial period, the employee shall receive at least the minimum in the higher classification next higher than his/her regular salary. If an employee so transferred has valid comparable experience in the higher classification, he/she shall be given full credit in determining the salary minimum to be paid.
If the employee successfully completes the trial period, he/she shall be confirmed in the classification to which advanced. If so confirmed, the trial period shall be included for all purposes in determining length of service in the classification.
If the employee returns to the classification previously held by his/her choice, or failing to qualify for the promotion, any other employee promoted as a result of the employee's trial period may be restored to his/her classification and rate of pay. Any employee affected by this provision would be made aware in writing of its terms at the time of advancement.
If the employee is returned/returns to the classification from which he/she advanced he/she shall then receive a salary he/she would be entitled to if he/she had never been advanced. His/her service in the higher classification shall be counted for all purposes as service in the classification from which he/she advanced.
If at any time during this 90-day period, or any extension, the Employer determines that the employee is not competent to perform the duties of the higher classification, the employee may be returned to his/her former classification and wages.
During the 90-day trial period, the employee may elect to return to his/her former classification.
The Employer's evaluation of the employee's progress shall be discussed with the employee at least following the 45th day, 75th day and at the end of the trial period.
25.5 An employee who returns to the old classification shall be paid as if he/she had never been advanced, but service in the higher classification shall be counted for all purposes as service in the old classification.
25.6 Trial periods shall automatically be extended to include all time lost, when such time lost exceeds five days. The Guild shall be notified prior to any extension of an employee's trial period.
25.7 It is understood that PN's training program, under which Inside Telephone Salespersons have temporarily filled in for absent Outside Salespersons in the Inquirer Outside Classified Sales Department will be extended to other outside advertising sales departments and will include other employees covered by this contract. It is agreed that PN will select employees for this training program from among those who have requested such training opportunities.
ARTICLE 26 SECURITY
26.1 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 40 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.
26.2 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 in any case in which the cause for the discharge is the employee's proven financial dishonesty of a substantial nature, or the employee's use of physical violence (in that portion of the Inquirer buildings devoted to the publishing of the Inquirer or Daily News), upon another employee or person having business relations with Philadelphia Newspapers, Inc.
26.3 Probation Period: The first three months after an employee's hire, shall be a probationary period, except that, for any inexperienced employee, hired as a Copyreader, Rewrite Person, or Outside Salesperson, the first six months after hire shall be the probationary period.
During the employee's probationary period, the employee may be dismissed upon two weeks notice in writing, and during this period, the bona fide decision of the Employer of the employee's employability shall be final. In case of a person who had been unemployed when hired, the two-week notice shall not be required if the employee is dismissed within the first two weeks of employment.
Probationary periods shall automatically be extended to include all time lost when the time lost during the probationary period exceeds five days. The Guild shall be notified prior to any extension of an employee's probationary period.
This provision (26.3) is superseded by the terms of Side Letter R.
26.4 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.
26.5 A Group 2 Intern will terminate 27 months from the starting date of the internship. Such terminations will be considered good and reasonable cause for termination, and the Guild cannot challenge such terminations. Upon hire, the employee shall be informed of his/her termination date.
Interns shall not be employed for more than 27 months. If, through error, an intern’s employment is not terminated at the end of the 27-month period, he/she shall be paid 150% of his/her salary for all work past the end of the 27-month period. In cases where an internship has been extended through error, the employee will be given two weeks notice of termination on the day following the date the error was discovered.
ARTICLE 27 REDUCTION IN FORCE
27.1 Where the cause for dismissal is one other than the fault of the employees involved, such cause must be deemed good and reasonable. In addition 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 Employer shall make every reasonable effort to retain employees. These efforts shall include transferring employees with longer seniority to a group containing a position which the employee previously held.
The employee proposed for dismissal shall be the one who, in the group or groups in which it is necessary to reduce costs, has the least seniority. For the purpose of this article, seniority is defined as service in any capacity for the Employer and predecessor employers.
27.2 The groups listed below are subject to Article 27.3 through 27.13:
A. Messenger, Office Persons, Driving Messenger, Copy Persons.
B. File Clerk, PO Clerk, Stockroom and Receiving Clerk, Mail Desk Clerk No. 1, Circulation Insurance and Subscription Clerk, Newsprint Clerks, Circulation General Office Clerks, Dispatch Checker, Board and Cut-Room Clerks, Home Delivery Communications Center Clerks and Radio Dispatchers, Purchasing Clerks, Promotion Clerks, Advertising General Office Clerks, Dispatcher-Concourse, Telephone Operators, Garage Clerks.
C. Stenographers, Secretaries, Dictaphone Typists.*
D. Keypunch Operators.
E. Front Counter Clerk, Ad Dispatch, IBM General Clerk, Accounting Clerks, Collectors, Advertising Display Control Clerks, Classified Control Clerks, Adjustment Clerks, Circulation Galley Clerks, National Control Clerks, Ad Censors, Production Clerks, Masker, Assistant Color Coordinator, Library Assistants, Creative Service.
F. Accountant.
G. Library Classifiers,* Promotion Assistants, School Circulation Representative.
H. IBM Programmer, Computer Operators.*
I. Ad Artists.
J. Statmaster,* Graphics Technician.
K. PN Advertising:
1. Ad Takers,* Death Notice Clerk,* Inside Telephone
Sales Representatives.
2. Classified Advertising Salespersons, Display
Advertising Salespersons, Commission Sales Employees (Side Letter R.).
3. Make-Up Persons, Layout Persons.
(Note: No full time salaried sales staff, i.e. Display Advertising Salesperson, Classified Advertising Salesperson, Inside Telephone Sales Representative and Ad-visor will be laid off as long as the Publisher continues to employ Commission Sales employees.)
L. Inquirer Editorial:
1. News Artists.
2. Cartoonists.
3. Group 1: Reporters, Writing Reporters, Rewrite.
4. Make-Up Persons, Desk Assistants, Copy Readers.
5. Editorial Writers.
6. Photographers, Photo Printers.
7. Editorial Clerks.
8. Action Line Researcher.
9. Group 2:
1. News Writer; Rewrite
2. Sports Writer
3. Photographer; Photo Printers
M. Daily News Editorial:
1. News Artists.
2. Cartoonists.
3. Reporters, Writing Reporters, Rewrite.
4. Make-Up Persons, Desk Assistants, Copy Readers.
5. Editorial Writers.
6. Photographers, Photo Printers.
7. Editorial Clerks.
8. Group 2:
1. News Writer; Rewrite
2. Sports Writer
3. Photographer; Photo Printers
27.3 (a) Employees in a classification bearing an asterisk are limited within the group to their classification within the group that may also bear an asterisk. In such groups, other classifications not marked with an asterisk and affected by the operation of this article, shall be given seniority consideration as among all classifications in the group.
(b) In the event of a reduction in force, the following procedures will apply to the PN Advertising Department:
(1) Seniority shall be measured on the basis of total continuous service with the company irrespective of
departmental assignment.
(2) The company shall not be limited in reassigning salespersons arising through the operation of these
procedures.
27.4 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 these positions with the approval of the Editor for the respective publication. For each newsroom, the agreed upon positions are:
1) 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 and 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
2) 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.
27.5 High-level supervisors covered by the contract, and their assistants, are each to be considered in a separate group within their respective departments in the event of a reduction in force in their departments, if they have held their supervisory posts for at least one year. The Employer and the Guild shall attempt to agree on the identity of employees falling in this category, within 30 days after the execution of this contract, or within such period after the expiration of the 30-day period as the parties may agree upon. Any differences may be submitted to arbitration.
27.6 Whenever practical (i.e. wherever there would be no significant difference in cost or efficiency of operations) part-time workers will be eliminated before the dismissal of full-timers in their group. A full-time employee who suffers a dismissal may claim an existing part-time job in the same group, replacing the part-time incumbent.
27.7 Deleted in 2006
27.8 In case of a reduction in 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 27.10 and 27.11. In such cases, eligible employees shall be entitled to an immediate layoff/termination pension benefit pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other Plan as the parties may negotiate, which shall not be less than the applicable amount set forth in the attached Exhibit A.. Severance will be repaid in the event the volunteer returns under recall provisions. Deferred payment arrangements will apply in such cases.
27.9 An eligible employee shall be immediately entitled to receive a layoff/termination pension benefit pursuant to the terms of the North Broad St. Multiemployer Pension Plan, or such other Plan as the parties may negotiate, which shall not be less than the applicable amount set forth in the attached Exhibit A. This provision is superseded by the terms of Side Letter R.
27.10 An employee who suffers a dismissal under this article shall, for 12 months 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 could perform with similar amount of on-the-job training that a new employee would require.
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 two years following displacement, be offered the opportunity to return to his/her previous classification.
The Employer may, at its discretion, for a period of two years 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.
27.11 Any disagreement between the Employer and the Guild as to whether the cause for dismissal is, of itself, good and reasonable and whether the criteria above set forth have been fulfilled, shall be subject to arbitration.
(a) Interns terminated at the end of their 27-month internship will not be subject to the terms of this Article.
27.12 If an employee is displaced to either a lower or higher classification within a grouping, the employee's rate of pay in the new classification will be based on current rates in that classification, except the adjustment shall not exceed two adjacent job groups (Group I &minus XV) in Article 11 of the contract. If the job is not included in the Group I &minus XV structure, the adjustment shall not be greater than 10%, higher or lower, than the employee's current minimum. In cases where the employee's adjusted rate of pay exceeds the contract minimum for that position, such employee's rate of pay will not be increased until his/her rate is commensurate with the minimum for that classification. In cases where the employee's adjusted rate of pay is less than the contract minimum for the position, the employee's rate will be raised to the minimum of the new job's position, effective two years from the date of displacement.
ARTICLE 28 PART TIME AND TEMPORARY EMPLOYEES
28.1 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. Part-time employees will not be entitled to experience increases, subsequent to hiring, under Article 11 until they have actually worked for the Employer a total number of days or hours equaling the period established for full-time employees.
28.2 The Employer agrees that no part-time employees may be employed in either the Circulation Department or in the Editorial Department, except as follows:
Editorial Departments: part-time editorial clerks may be employed, for not less than two days per week, and for not less than four consecutive hours per day. The number of hours worked over any four-week period by such employees shall not exceed 50% of the total hours worked by the full-time Editorial Clerks, excluding secretaries.
Part-time Group 2 editorial positions may be created. When these positions can be combined to create full-time positions, the employer will create the full-time positions, unless the part-time positions are necessary for reasons of scheduling or editorial content.
Part-time Group 2 hours may be increased or decreased at the Employer's discretion. PN is not required to make such changes in seniority order. Decreases in part-time hours will not constitute a reduction in force.
Part-time Group 2 employees are defined as employees who are regularly assigned not more than 32 hours a week.
Circulation Departments: part-time employees may be employed to cover peak hours of the Home Delivery Communications Center's operations. Such employees may be employed for not less than two days per week and for not less than three consecutive hours per day. No full-time HDCC employee will have his or her hours involuntarily reduced to part-time status.
28.3 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.
28.4 Persons may be hired in all departments covered by this contract 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.
28.5 In case of unusual circumstances, temporary employees in other than the Editorial Departments (except temporary Group 2 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.
These employees shall not do work previously and normally done by regular employees, and the term of such employee may not exceed three months in any twelve-month period.
In the New Ventures Department, if temporary employees are utilized for six months or longer, except where such duration is permitted by the contract, the company will notify and discuss the matter with the Guild. Any New Ventures Department temporary employee working longer than six months, except where such duration is permitted under the contract, will be entitled to severance pay pursuant to Article 22.
28.6 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 they case may be.
28.7 This Article is superseded by the terms of Side Letter R.
28.8 Group 2 Intern Program: Group 2 Interns hired on or after the effective date of this agreement will be subject to the terms and conditions of the internship program set forth below:
(a) The terms of service for all interns shall start from their first day of engagement and terminate twenty-seven (27) calendar months from the engagement date.
(b) Training will be made available to interns by the Employer. The frequency, type, duration, and time of training will be at the sole discretion of the Employer.
(c) Assistance for job placement will be made available for interns, but the Employer will not guarantee that a suburban employee will be placed in a job. The type, duration and time of job placement assistance will be at the sole discretion of the Employer.
ARTICLE 29 LEAVE OF ABSENCE
29.1 Leave of absence, except for Group 2 Interns, 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.
29.2 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 for purposes of the North Broad St. Multiemployer Pension Plan, 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 two (2) weeks before the beginning of the leave and notice of the date on which he/she expects to return to work at least two (2) weeks before such date.
29.3 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 severance pay, sick leave, vacation, experience rating and other credits. An employee returning from maternity or paternity leave shall give two (2) weeks notice of his/her return. Only this provision (29.3) but no other provision of Article 29 will apply to employees working pursuant to Side Letter R.
29.4 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 employee requesting the leave.
29.5 Leaves of absence shall be permitted to employees elected or appointed to responsible public office. The term of such leave shall not exceed either the first term of such office, or four (4) years, whichever is longer.
29.6 Union Leave: Leaves of absence will be permitted to employees, not to exceed two (2) from any one department or any more than (5) 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 the Article 29.2 shall be granted to delegates attending the annual convention or special meeting of the Newspaper Guild.
29.7 Leaves of absence shall be granted to employees while performing duty in the National Guard and the Army, Navy, Marine, Air Force or Coast Guard Reserve.
29.8 Leaves of absence, except for Group 2 Interns, shall be granted for the purpose of:
(a) accepting fellowships offered by an accredited university or foundation, where such fellowships are related to publishing or (b) writing a book or (c) carrying out projects relative to professional advancement, provided it is practicable for the Employer to grant such leaves.
29.9 Except to the extent that a leave is required by law, Group 2 Interns may be granted leaves of absence at the employer's discretion. Interns granted a leave of absence will have the term of the leave counted against their 27-month internship, unless the Employer and the Union agree to suspend the internship for the period of the leave.
ARTICLE 30 LEAVE FOR UNITED STATES SERVICE
30.1 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 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 is substituting.
The benefits of this Article 30 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 31 HEALTH AND SAFETY
31.1 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.
31.2 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.
31.3 Health and Safety Committees: A Health and Safety Committee consisting of a maximum of ten (10) Guild and ten (10) Company members will meet once a month. Special meetings may be called by the Company, the Guild or the committee in case of emergency. In special cases the committee may request that additional individuals attend a meeting in order to provide additional information. A review of, and response to, any committee recommendation by the department head or other appropriate company representative will be prompt.
31.4 VDT/RSI Safety Committee: It is agreed that during the term of the current contract a six-member VDT Committee will be established (3 Guild, 3 Company) to develop improvements relating to VDT safety and working conditions. The Company will consider any recommendations referred by the Committee.
In addition, the following steps will be taken:
(1): The Employer shall provide for and pay the cost of periodic tests for radiation emissions or other emissions from video display terminals or other successor equipment which perform the same functions as the video display terminal. The Employer will test the aforementioned equipment for radiation or other emissions to determine whether the equipment meets standards set by applicable federal or state statutes, and regulations including standards established by federal or state agencies.
The testing will be done on all terminals used by the Employer in departments covered by the Contract following major servicing or at least once a year and the Company will provide the Guild with the results of such testing. If any of the aforementioned equipment is found to be emitting harmful radiation, or other emissions in excess of the applicable standards, the equipment shall be removed from service until the problem is corrected.
(2) A baseline ophthalmological examination will be provided for those employees regularly assigned to the operation of a VDT or other successor equipment which perform the same functions as the video display terminal for a substantial portion of their working hours. Such examination will be made by an ophthalmologist selected by the Company. All examination costs will be borne by the Company.
(3) A lead apron will be provided at the request of a pregnant employee regularly assigned to the operation of a VDT or other successor equipment which perform the same functions as the video display terminal for a substantial portion of her working hours.
(4) The Company and the Guild agree to support efforts by the VDT/RSI Committee encouraging employees operating VDTs or other successor equipment which perform the same functions as the video display terminal to adopt healthful work practices such as breaks from continuous operation of VDTs. The Guild's support of these efforts shall not be used as an admission that an employee's failure to adopt healthful work practices constitutes grounds for discipline.
(5) When the Employer plans to replace a significant portion, including a phased replacement, of its current VDTs or other successor equipment which perform the same function as the video display terminal, or introduce new technology, the Employer shall consult with the VDT/RSI Safety Committee provided for in this section. Experiments with new technology will be considered by the VDT/RSI Safety Committee. The Company will consider timely recommendations made by the committee. The Company will continue to provide equipment designed to alleviate RSI and will consider recommendations by the VDT/RSI Safety Committee on alternative equipment designed to alleviate RSI.
ARTICLE 32 NO STRIKE BREAKING
No employee shall be required to take over any of the duties of an employee in any department of the Employer, or to perform work for or in any other newspaper, news service or wire photo service, in the event of a labor dispute in such department, newspaper, news service or wire photo service.
ARTICLE 33 TRANSFERS
No employee shall be transferred by the Employer to another enterprise in the same city or to another city (whether in the same enterprise or in other enterprises conducted by the Employer or by a subsidiary, related or parent company of the Employer) without the employee's consent and payment of all transportation and other moving expenses of himself/herself and family. There shall be no reduction in salary or impairment of other benefits to which the employee was theretofore entitled, as a result of such transfer. An employee shall not be penalized for refusing to accept transfer. For the purposes of this Article 33, the Daily News and The Inquirer shall be deemed separate and different enterprises, insofar as their Editorial Departments are concerned.
This Article is superseded by the terms of Side Letter R.
ARTICLE 34 EMPLOYEE INTEGRITY AND PRIVILEGE AGAINST DISCLOSURE:
(a) An employee's byline or credit line shall not be used over his/her protest. In the event substantive changes are made in a reporter's story and it is not practicable to call such changes to his/her attention, the byline shall be taken off such story by the editor.
The Guild and Employer agree that news stories and feature articleswill be presented in accordance with sound journalistic practice without distortion of any facts, without malice, and without creating false impressions. If a question arises as to the accuracy of the printed material, the employee concerned will be consulted prior to any retraction of the material involved.
(b) The Employer, believing that a free press best gathers news without external pressures, and the Guild, believing that a news employee should be responsible in his work only to his/her conscience and to his/her employer, agree that protection of a news employee's sources is of prime importance to his/her work. The Employer and the Guild further agree that:
When any request is made by a Federal, state or municipal court, grand jury, agency, department, commission, or legislative body for the production or disclosure of confidential information or confidential news sources utilized by any reporter, photographer, editor, writer, correspondent or any other person employed by, and directly engaged in the gathering of news for the Employer of such request, the Employer will make interim arrangements for immediate legal guidance and assistance for the employee through the Employer's Legal Department.
If necessary, arrangements for providing the employee with long-term legal representation of his/her choice will be made, as agreed upon by the Employer and the employee.
An employee so represented in any such proceeding by the Employer's Legal Department or by another representative agreed upon by both parties shall not suffer any loss of pay or other benefits and shall further be made whole to the extent permitted by law against any fines or damages levied by any final judgment or decision in the action except to the extent that such employee has taken a course of action contrary to the advice of his/her counsel.
Where there has been a breach of trust by the employee toward the Employer, the Employer has no obligation to provide legal protection to the employee.
This Article is superseded by the terms of Side Letter R.
ARTICLE 35 OUTSIDE WORK
An employee may engage in outside work provided it does not interfere with his/her work for the Employer and provided that such work is not in the service of another daily newspaper whose main production and publication office is located, and which is directly in competition with the Employer, in Philadelphia, Delaware, and Montgomery Counties, Pennsylvania, and Camden County, New Jersey. Under no circumstances shall an employee use his/her connection with the Employer to exploit his/her outside work. Any employee taking on regular or recurrent outside work shall so inform his department head.
ARTICLE 36 SPACE WRITERS AND FREELANCERS (Deleted 2006)
ARTICLE 37 BULLETIN BOARDS
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 38 SYNDICATION
When the Employer sells for syndication any product of an editorial employee for publication outside of The Inquirer or Daily News, the employee shall be paid fifty percent (50%) of the net return.
ARTICLE 39 GRIEVANCE PROCEDURE
39.1 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.
39.2 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 40 ARBITRATION
40.1 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.
40.2 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 41 SENIORITY
41.1 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.
41.2 Seniority for editorial employees in Group 2 employed as of 6/17/98 shall be measured from the start dates set forth in Appendix "A". The seniority credit earned by each of those employees from their respective start date to the date of this Agreement shall be as set forth in Appendix "A". For those not listed in the Appendix, their date of hire will apply.
ARTICLE 42 DURATION
42.1 At least ninety (90) days before August 31, 2009, either party may give the other notice in writing of the specific terms and provisions which said party may desire to change in the new contract, which becomes effective upon the expiration of the present contract on August 31, 1997. Within fifteen (15) days after receipt of such proposal, the other side may submit its counter proposal in writing.
If neither party notifies the other as provided above, or if the negotiations do not result in an agreement on or before midnight, August 31, 2009, this contract shall then cease to be binding unless extended by mutual consent of the parties.
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 nn rd day of June, 2007.
PHILADELPHIA NEWSPAPERS, L.L.C.
By:
Senior Vice President-Employee Relations
Attest:
NEWSPAPER GUILD OF GREATER
PHILADELPHIA, LOCAL NO. 10
By:
President
Attest:
Administrative Officer
Calendar: