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AGREEMENT
between
THE NEWSPAPER GUILD OF
GREATER PHILADELPHIA
LOCAL 10
(TNG 10/CWA 38010)
AFL-CIO, CLC

and

THE DELAWARE COUNTY
DAILY TIMES





Effective
November 25, 2003
Through
November 25, 2008




TABLE OF CONTENTS

          THIS AGREEMENT by and between THE DAILY TIMES, hereinafter known as the "Publisher", and the NEWSPAPER GUILD OF GREATER PHILADELPHIA, a Local (#10) chartered by the Newspaper Guild, AFL-CIO, CLC, hereinafter known as the "Guild" acting for itself and on behalf of all employees of the Publisher described in Article 1.

WITNESSETH:

ARTICLE 1 - TO WHOM APPLICABLE

1.1   The Publisher will recognize and deal with the Guild as the exclusive representative for purposes of adjusting grievances and of collective bargaining concerning rates of pay, wages, hours of employment and other conditions of employment for all employees of the Publisher to whom this Agreement is made applicable by Section 1.2 of this Article.

1.2   The provisions set forth in this Agreement shall apply to all employees of the Publisher in the Editorial Department, the Advertising Department, the Business Department, the Maintenance Department and the Circulation Department excepting the following named positions: Publisher, Business Manager, Credit Manager, Editor, Managing Editor, City Editor, Associate Editor, Retail Advertising Manager, Business Office Manager, Advertising Director, Classified Advertising Manager, Classified Display Manager, Circulation Director, Single Copy Circulation Manager, Home Delivery Circulation Manager, Plant Superintendent, Mailroom Superintendent, Publisher's private secretary, Promotion Manager. Individuals now or in the future occupying positions as correspondents paid on space rates.

1.3   An employee transferred or promoted to an exempt position listed in Article 1.2 has up to eighteen (18) months after the transfer or promotion to return to his/her former position. The employee will receive the current minimum salary for his/her experience plus any money above scale the employee was receiving before such transfer or promotion. Time spent in the exempt position will be added to the employee's experience. Should the employer dismiss an employee after an employee has spent more than eighteen (18) months in an exempt position, the employee will receive severance pay for the time spent in the bargaining unit according to Article 7. An employee transferred or promoted to an exempt position listed in Section 1.2 after the date of signing of this Agreement will not receive severance pay for the time spent in the bargaining unit if the employee is dismissed after eighteen (18) months from the transfer or promotion.

1.4   (a)   The employer may establish new jobs in new operations or new ventures in any department, including all present and future sub-divisions of, or additions to such departments covered by this Agreement.

1.4   (b)   In the event the employer establishes a new job which corresponds to an existing job classification in Article 3, the job will be included in the classification. If a corresponding job classification does not exist in Article 3, the parties will meet to negotiate an appropriate pay rate. In the event the parties cannot agree on the appropriate pay rate, the dispute will be submitted to arbitration pursuant to Article 8 of this Agreement.

1.4   (c)   In the event the employer establishes a new job, which is not specifically listed in Article 1.2 of this Agreement, but which will be excluded from the provisions of this Agreement, to supervise operations directly connected with the new service or product, the following provisions will apply:

1.   Such excluded employee must actually perform duties which would result in the job being excluded from the bargaining unit pursuant to the provisions of the National Labor Relations Act.

2.   The newly excluded job must be in a new operation or new venture producing a new product or service. Such new product or service must be separate and distinct from existing products and services.

3.   New technology and new equipment used to do work presently and normally done by employees covered by this Agreement may not be used to justify the creation of a new job which will be excluded by the provisions of this Agreement.

4.   A new job to be excluded from coverage of this Agreement may only be created after the employer has created and employed a minimum of two (2) full-time employees in the department producing the new product or service.

1.5   Work presently or normally done by employees of the Publisher in the various departments covered by this Agreement shall only be done by such employees. Performance of such work, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned to employees of the Publisher covered by this contract. (This clause is not intended as fixing the number of jobs, nor does it waive the right of the Guild under other sections of this Agreement, to arbitrate discharges). It is agreed between the parties hereto that the Employer has an established practice of using certain non Bargaining Unit personnel to perform some work covered by this section 1.5. To the extent the Employer has such a practice, the practice may continue, however the practice will not be expanded. Such practice will not be used to diminish the size of the Guild Unit at any time.

It is further agreed that neither the foregoing nor any other provision of this contract shall restrict the following rights of the Employer:

(a) The Employer may use copy, graphic or pictorial material obtained from affiliated newspapers/publications or enterprises (such as affiliated news or on-line services, etc.), provided the use of such material shall not cause the layoff or discharge of any employee covered by this Agreement. (The right of the Employer, conversely, to use the same from employees covered in this Agreement for affiliated newspapers or enterprises is stated in Article 24.)

(b) The Employer may use advertisements sold, including related billing, by affiliated newspapers /publications or enterprises (such as affiliated news or on-line services, etc.), or through networks or independent agencies, under "cross sell" sales arrangements and conversely, having advertisements sold and/or billed by employees of the Employer used by affiliated newspapers/publications or enterprises, networks or independent agencies under such arrangements, provided the use of advertisements sold under "cross sell" sales arrangements shall not cause the layoff or discharge of any employee covered by this Agreement.

      Restoration work resulting from the fire damage that occurred during the January 1990, will mot be cited by either party to this Agreement in determining whether or not a past practice exists.

1.6    This contract shall not apply to any other enterprise which the Publisher may enter upon during the life of this Agreement unless such enterprise be the publication of a newspaper or other medium, any part of the publication of which is performed on the premises in which the Delaware County Daily Times is published, in which event this contract shall apply to all employees within the Guild jurisdiction engaged on the premises in which the Delaware County Daily Times is published in publishing such other newspaper or medium.

ARTICLE 2 - GUILD SHOP

2.1    All employees who, on the date of the execution of this Agreement, are members of the Guild, shall, as a condition of continued employment, remain members in good standing during the life of this Agreement. All employees who, on the date of the execution of this Agreement, are not members of the Guild, shall, as a condition of continued employment, become members of the Guild no later than the 30th day after the execution of this Agreement, and shall thereafter remain members in good standing of the Guild during the life of this Agreement. All employees who, subsequent to the execution of this Agreement, are transferred to positions to which this Agreement is applicable, and all employees who are hired after the execution of this Agreement, shall, as a condition of continued employment, become members of the Guild not later than the 30th day after such transfer or hiring and thereafter remain members of the Guild in good standing during the life of this Agreement.

2.2    If an employee is reinstated in good standing in the Guild after discharge pursuant to paragraph of this Article, there shall be no obligation on the Publisher to reinstate or re-employ such person.

2.3   (a)    Within one month after the signing of this contract, the Publisher shall supply the Guild with a list containing the following information for all employees then on the payroll:

*Name, Date of Hiring, Classification, Date of Birth, Race, Sex
*Experience rating and experience anniversary,
*Salary, including a description of commission or bonus arrangements.

2.3   (b)    The Publisher shall notify the Guild monthly in writing of:

*All merit increases granted by name of the employee, individual amount and effective date.
*Step-up increases paid by name of the employee, individual amount and effective date.
*Changes in classification and any salary changes by reason thereof.
*New hires, resignations, retirements, deaths and any other revisions in the data listed in Section I.

2.4    There shall be no dismissal of or other discrimination against an employee because of membership or activity in the Guild, nor shall the Publisher or Guild discriminate against an employee because of age, sex, race, creed, color, national origin, marital status, sexual orientation, mental or physical disabilities, or on the basis of any other class or characteristic to the extent protected by law, or because of their rights protected by Section 7 of the National Labor Relations Act, as amended.

2.5    The Publisher and the Guild pledge themselves to friendly cooperation in the faithful performance of this Agreement.

2.6    The Publisher 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.

2.7    An employee who is discharged for his/her failure to maintain good standing in the Guild shall not be paid severance pay.

3.1(a)   All employees hired on or after June 1,1999 shall be paid the applicable minimum rate for new employees set forth in Appendix I.

3.1(b)   This Agreement provides for a scale of wages (in Section 3.1 (a) and Appendix I) specifically for employees hired on or after June 1,1999. Consistent with this provision, it is understood that all references in the Agreement relating to rates of pay, experience levels or benefits (e.g. "Base rates of Pay," "key rate," "comparable experience level," "wages," "salaries","classification pay",etc.) with respect to employeeshired on or after June 1, 1999 shall be construed to refer to rates provided in the scale in Appendix I.

3.2   The Wages of Employees hired prior to June 1, 1999 and continuously employed since then shall not be less than the amounts stated below: