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![]() AGREEMENT between THE NEWSPAPER GUILD OF GREATER PHILADELPHIA LOCAL 10 (TNG/CWA 38010) AFL-CIO, CLC and TIMES HERALD PUBLISHING COMPANY, LLC. (Norristown, PA) ![]() Effective October 10, 2003 Through October 10, 2006
PREAMBLE This agreement is made this 10th day of October, 2003 (Agreement Date”) between The TIMES HERALD PUBLISHING COMPANY, LLC, hereinafter known as the “Company” or “Employer,” and THE NEWSPAPER GUILD OF GREATER PHILADELPHIA (Norristown Unit), an affiliate of The Newspaper Guild (TNG/CWA 38010), AFL-CIO, CLC, hereinafter referred to as the “Guild,” for itself and on behalf, of all employees of the Employer described in Article 1. COVERAGE 1. This Agreement covers all employees in the unit engaged in obtaining, writing and/or preparing editorial or photographic material for publication in the Employer’s newspaper, all employees engaged in obtaining and preparing advertisements for publication in the Employer’s newspaper, and all employees engaged in the Employer’s office, clerical, bookkeeping and accounting departments including all employees of the Editorial, News, Advertising and Accounting departments including photographers, telephone operations, cashiers, collectors (other than those in the Circulation Department), copy persons, messengers and clerks in the Circulation Department. 2. Excluded from the bargaining unit and this Agreement are all supervisors, managerial and confidential employees, employees covered by other collective bargaining agreements, and all other employees not included in Section 1 above. 3. Jurisdiction. (a) Jurisdiction of the Guild is the kind of work either normally or presently performed by the employees covered by this Agreement, work similar in skill or function, and any other kind of work assigned to be performed by said employees. Performance of such work, whether by presently or normally used processes or equipment, shall be assigned to employees of the Publisher covered by this Agreement. (b) This Section 3 shall not apply to the purchase or use of material from recognized state, national or international syndicates or services, nor to employees specifically excluded from this Agreement who perform the duties typical of their job title or consistent with past practice for such position. (c) The use of correspondents or stringers in the news operation shall not cause the layoff, discharge or replacement of any employee covered by this agreement. (d) Staff reporters and photographers shall be given the first opportunity to cover stories of the type normally covered by staff personnel, and staff reporters and photographers shall cover major league, major college/university, and important interscholastic events, except in emergencies, staffing conflicts, or other circumstances beyond the control of the Publisher. (e) The publisher may continue to use: (i) Copy, graphics, or pictorial material obtained from syndicates, correspondents or stringers and affiliated newspapers, and (ii) Advertisements sold, including related billing, by affiliated newspapers or through networks or independent agencies, under “cross sell” sales arrangements, and conversely, having advertisements sold and/or billed by employees of the Publisher used by affiliated newspapers, networks or independent agencies under such arrangements. (f) The use of advertisements sold by affiliated newspapers or through networks or independent agencies under “cross sell” sales arrangements shall not cause the layoff, discharge or replacement of any employee covered by this agreement. The use of copy, graphics or pictorial material obtained from syndicates, correspondents or stringers and affiliated newspapers shall not cause the layoff or discharge of any employee covered by this agreement. 4. Exempt employees. The following positions are exempt as of the date of this Agreement: Publisher, Administrative Assistant, Editor, Managing Editor, News Editor, City Editor, Sports Editor, Features Editor, Sunday/Business Editor, Controller, Credit Manager, Advertising Director, Sales Manager, Inside Sales Manager, Marketing Co-Op, Ad Services Manager and Office Manager. The understanding with respect to the exempt status of the positions above is made without limiting the application of the specific exclusions for “supervisors, managerial, and confidential employees” to other persons or positions as might be warranted for the future. 5. The Publisher and the Guild pledge themselves to friendly cooperation in the faithful performance of this Agreement. MAINTENANCE OF MEMBERSHIP 1. It is agreed that any employee who is or becomes a member of the Guild on the date of this Agreement or thereafter during its term shall maintain such membership in good standing during the term of this Agreement as a condition of continued employment. “Membership in good standing” as that term is used herein shall mean only that the employee has tendered dues and fees uniformly required of all members. 2. The Guild, in writing, will notify any employee who fails to remain in good standing with the Guild, as required by Article 2.1 above, that he/she is no longer in good standing, and specify in what respects he/she is delinquent and afford him/her ten (10) days in which to remedy the delinquencies. A copy of the Guild’s notification will be sent to the Employer. If the employee does not remedy his/her delinquency within the ten (10) day period, he/she shall be dismissed by the Employer. 3. If any employee is reinstated in good standing in the Guild after discharge pursuant to Section 2.2 of this Article, there shall be no obligation on the Employer to reinstate or re-employ such person. MANAGEMENT RIGHTS The Publisher shall continue to exercise the regular and customary rights of management not in conflict with this Agreement, including, but not limited to, the right to hire, transfer, discharge and discipline for just cause to determine how, when, where and by whom work is to be performed and the number of employees to be employed; to introduce new or changed methods or equipment; and to make and enforce reasonable office rules (which rules must be communicated to the Guild before the same shall be effective). NO DISCRIMINATION There shall be no discrimination on account of age, sex, race, creed, color, national origin, marital or parental status, family relationship, sexual or affectional preference, political activities or political belief, irrelevant mental or physical disabilities, veteran’s status as defined by federal statutes, or other mental or physical disabilities which may be reasonably accommodated. There shall be no discrimination because of Guild membership or activity. INFORMATION 1. The Employer shall supply the Guild on request with a list of the following information for each employee: (a) Name, address, sex, minority group, date of birth, and Social Security number.(b) Date of hiring. (c) Job title and pay classification. (d) Experience rating and experience anniversary date. (e) Salary. (f) Amount of overtime worked by date, number of hours. 2. The Employer shall notify the Guild monthly in writing of: (a) Merit increases granted by name of the employee, individual amount, resulting new salary and effective date.(b) Step-up increases paid by name of employee, individual amount, resulting new salary and effective date. (c) Changes in classification, salary changes by reason thereof, and effective date. (d) Resignations, retirement, deaths, and other revisions in the data listed in Section 1, and effective dates. 3. Within one month after hiring a new employee, the Employer shall furnish the Guild in writing with the data specified in Section 1 for each new employee. 4. The Employer shall furnish to the employee and the Guild a copy of any criticism, commendation, appraisal, or rating of such employee’s performance in the employee’s job upon being placed in the employee’s personnel file. An employee shall have the right to review the employee’s personnel file upon demand, and upon request shall be provided copies of all material in such file. Representatives of the Guild shall have access to employees’ personnel files when necessary to execute their duties as the employee’s collective bargaining representative. Representatives of the Guild shall be provided copies of any material in such file. 5. An employee shall be allowed to place in his/her personnel file a response to any disciplinary warning or other disciplinary action. GRIEVANCE PROCEDURE 1. The Guild shall designate a committee of its own choosing, of not more than four members of the bargaining unit, to take up with the Employer any grievance arising under this Agreement. A grievance is defined as any difference or dispute between the Guild, on its own behalf or on behalf of one or more bargaining unit employees, and the Employer, as to the interpretation, application, administration or alleged violation of this Agreement. A grievance does not include any dispute concerning renewal of this Agreement. 2. (a) The Employer agrees to meet with the committee within seven (7) working days after request for such meeting. Efforts to adjust grievances shall be at a mutually agreed time at a suitable location, normally in the Employer’s main office. The Employer shall not be expected to agree to meetings during working hours for the Guild committee if the committee members are unable to effectively make up the time lost, on their own time, and without violating overtime laws. In this event the meeting shall be scheduled at the end of such employees’ shift.(b) A grievance, in order to be timely, must be filed with the Employer in writing within sixty (60) working days after the Guild knew or reasonably should have known of the events giving rise to the grievance, except that a grievance concerning a discharge must be submitted within thirty (30) working days of the discharge. This time limit shall not apply to disputes concerning an employee’s pay. (c) The Employer will reply to the Guild in writing within ten (10) workdays following the grievance meeting. 3. (a) Any grievance which arises during the term of this agreement, not satisfactorily resolved may be submitted to final and binding arbitration by the Guild within sixty (60) days after having been referred to the Employer as provided for in Section 2 above. Such arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association (AAA), except that AAA shall be requested to furnish panels for selection of the arbitrator consisting solely of members of the National Academy of Arbitrators. (b) The cost of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent or unless such party wishes to use a copy of the transcript. 4. It is understood for the purposes of the Article VI, “working day” is defined as Monday through Friday. Any grievance not submitted in writing or submitted to arbitration within the time limits above shall be deemed abandoned. However, the time limits above may be extended by mutual consent. SECURITY 1. (a) There shall be no discharge or discipline of bargaining unit employees without just cause. The Guild and the employee shall be notified in writing at least one week in advance of each dismissal with the specifications of the facts alleged to institute just cause. The Employer shall have the option, by stating in the notice, a requirement that the dismissed employee not report for work for the one week period. The Employer’s exercise of this option shall be without prejudice to either party’s rights under the Agreement. This does not pertain to dismissals to reduce the force. (b) Probationary Period - Any new employee shall be hired subject to a probationary period of ninety (90) calendar days, during which the Employer may dismiss the employee without just cause. Upon request, the Guild shall be informed as to the reason for dismissal of any such probationary employee. It is agreed that the abovementioned probationary period may be extended in individual cases by mutual agreement between the Employer and the Guild. It is understood that discharges during the probationary period shall not be subject to the grievance and arbitration procedure. 2. Dismissals to reduce the force, as distinguished from discharges for just cause, shall be made in accordance with this section. The Employer shall notify the Guild within 90 days of any such dismissal to reduce the force specifying job title, number and identity of employees to be discharged. (a) There shall be no dismissals to reduce the force for a period of 90 days after notice has been given to the Guild and the employees to be affected, during which time the Employer shall engage in a discussion with the Guild over the proposed dismissals including alternative ways to achieve the savings. During the 90 day period, the Employer shall accept voluntary resignations from employees in the classifications involved. Such employees shall be paid the amount of severance pay provided by Article VIII. The number of employees dismissed shall be reduced by the number of resignations. (b) Remaining dismissals, if any, shall be made in the inverse order of length of service for the Employer and the job classification in which dismissals are to be made. Temporary and Part Time employees in such classifications shall be dismissed prior to full time employees within the same classification. (c) Employees dismissed to reduce the force shall be placed on a rehiring list for a period of 12 months from the date of dismissal. The Employer shall first attempt to fill all of the vacancies with persons on the list who were dismissed from the classification in which the vacancy occurs, in the order of seniority. Full-time employees on the rehire list shall be rehired prior to part-time employees. An employee, formerly in a full-time position, who accepts a part-time position from the rehire list shall not lose his or her rights to a full-time position which may later occur during the remainder of the twelve (12) month period following their dismissal. (d) An employee rehired into the classification from which they were dismissed shall be paid the applicable minimum for the classification into which he/she is rehired, plus whatever dollar differential above the minimum the employee had before dismissal. (e) The Employer shall notify an employee on the rehiring list of vacancies in the classification from which they were dismissed by registered or certified mail, and the employee will be given ten (10) calendar days from the time of receipt of notice to reply by registered or certified mail accepting or rejecting the offer of employment. (f) The time an employee spends on the rehiring list shall not be construed as service for the purpose of computing benefits which depend on length of service, and shall not be construed as a break in continuity of service. (g) Seniority means length of continuous employment in the bargaining unit. Employment shall be deemed continuous unless interrupted by (a) dismissal for just cause or (b) resignation or (c) refusal to accept an offer of rehire into a full-time or part-time job, as last worked by the employee in the classification from which the employee worked was dismissed. Provided, that any period of employment for which severance pay has actually been paid, and not refunded, shall not be counted as employment in calculating severance which may again become due after rehire. 3. (a) The Guild shall be given at least ninety (90) days notice in writing of the Publisher’s intention to introduce new or modified methods or equipment which will result in the dismissal of a bargaining unit employee. (b) In the event of the introduction of new or modified methods of equipment, the Publisher shall provide reasonable training to give affected employees the opportunity to become proficient in the operation of same. 4. There shall be no dismissals as a result of putting this agreement into effect. SEVERANCE 1. An employee laid off to reduce the force shall receive a minimum cash severance payment in a lump sum as follows: Continuous Years Service Payment 1 Year or less 1 week 2-3 years 2 weeks 4-5 years 4 weeks 6-8 years 6 weeks 9-12 years 8 weeks 13-20 years 10 weeks Over 20 years 13 weeks The severance pay shall be computed at the weekly compensation received by the employee at the time of their lay off. 2. If an employee who has been laid off is subsequently rehired, the severance pay they have received will be deducted from any severance pay to which they might thereafter become entitled. RETIREMENT 401(k) 1. Full time employees who are over 21 years old and older and have completed six months of service will be eligible to participate in the Journal Register Company, Inc. 401(k) Savings and Retirement Plan. Participation may begin the first quarter after completing six months of full time service and fulfillment of eligibility requirements and will be by payroll deduction. 2. Participants may elect to defer 1% to 15% of their compensation on a pre-tax basis as provided by law. Compensation is equal to base salary and sales incentive programs exclusive of bonuses. The percent of base salary and sales incentive which a participant may elect to contribute to their 401(k) may be increased or decreased effective as of the first pay period after the start of each calendar quarter (January 1, April 1, July 1, or October 1) upon at least 30 days notice from the participant prior to the start of the quarter. 3. The Company’s matching contribution will be 50% of the employees first three (3) percent of pay contributions. The company’s base contribution is 1% of the employee’s base pay, including sales incentive programs. The Company match will start the first quarter after an employee has one year of full time service. Employees will only receive the 1% base contribution if they participate and contribute to the 401(k) plan. 4. Participants shall receive, upon request, a summary plan description (SPD) which explains important provisions of the Plan, including when and on what conditions funds may be withdrawn or how funds may be transferred to a participant’s rollover account from certain other qualified retirement plans. 5. The vesting schedule for the Company’s matching and base contribution, withdrawals of participant contributions for certain purposes, acceptance of rollover accounts, and other conditions shall be as specified in the 401(k) plan and as required by applicable federal law. TRANSFERS AND PROMOTIONS 1. No employee shall be transferred to another department or promoted to another classification or exempt position without his/her consent. No employee shall be penalized for refusing to accept such a transfer or promotion. 2. Notice of vacancies shall be posted on the bulletin boards and given to the Guild, so that an employee desiring to fill a vacancy may be given an opportunity to be considered. Such employee shall submit written application to the appropriate department head within (5) working days of such posting. 3. The Employer shall fill the position with the employee who it determines to be the best qualified, whether from among employee applicants or from other sources. However, in the event that the qualifications of competing applicants are relatively equal, the Employer shall hire the most senior employee. “Seniority” for the purposes of this section shall mean continuous length of service with the Employer, Norristown Herald, Inc. or an affiliate of the Employer. 4. (a) Any employee who agrees to a transfer to another department or to a promotion to another position shall accept such transfer or promotion for a trial period of thirty (30) days which may be extended by mutual agreement between the Employer and the Guild. During such trial period the employee or the Employer may elect to return the employee to the job from which he/she transferred without penalty or prejudice. An employee transferred or promoted shall receive the wage rate of the job from which he/she transferred or promoted during the trial period. Upon successful completion of the trial period, the employee shall receive the difference between his/her former wage rate and the minimum wage rate in the new classification from which the employee advanced or was transferred retroactive to the date the employee was transferred or promoted. Notwithstanding the foregoing, persons promoted to an exempt position may only return to their former job in the bargaining unit with the mutual consent of the Employer and the Guild. (b) The Employer will review the employee’s progress in the new position at the midpoint of the trial period and such other times during the trial period as the Employer deems necessary and will discuss such reviews with the employee. (c) At the end of such trial period, the employee shall be confirmed in the classification to which advanced or transferred unless, in the opinion of the Employer, the employee has been unable to perform satisfactorily the duties of the job. If so confirmed, the trial period shall be included for all purposes in determining length of service in the classification to which the employee advanced or transferred. If not so confirmed, the employee shall be returned to the job from which the employee advanced or transferred without penalty or prejudice. The Employer will notify the Guild at the end of such trial period if it has decided not to confirm the employee in the new position. 5. The Employer’s right to reassign salespersons to new territories or change, combine or eliminate existing territories is reaffirmed, but a salesperson assigned to a new or changed territory shall be afforded a fair opportunity, with diligence on their part, for substantially equal incentive earnings with his or her previous assignment, provided this shall not be construed as a guarantee of any level of incentive earnings. The foregoing proviso shall not be construed to limit an arbitrator in the event of a breach of this section from establishing an appropriate remedy. HOURS AND OVERTIME 1. The regular work week for full time employees shall be 37-1/2 hours consisting of five days of seven and one-half (7-1/2) hours each within a period of eight and one-half (8-1/2) hours each. 2. The normal unpaid lunch period shall be either one hour or one-half hour by mutual agreement between the employee and the Employer. 3. Work schedules of days for full-time employees shall be posted two weeks in advance of the week for which they apply. Hours for the days scheduled shall be posted at least one week in advance of the week in which they apply, subject to change in event of emergencies, including, in the case of the news room, unforeseen needs in coverage as per past practice. There shall be a minimum of ten (10) hours between scheduled shifts. 4. Time and one-half shall be paid for all time in excess of thirty-seven and one-half (37-1/2) hours in any one week or in excess of seven and one-half (7-1/2) hours in any one day, unless by mutual agreement between the Employer and the employee (i) equal time off is scheduled in the same financial week, or (ii) compensating time is scheduled later in the same pay period on the basis of one and one-half (1-1/2) times the overtime worked. Paid sick leave and vacation shall count as time worked for purposes of calculating overtime. An Overtime Report Form will be filled out and signed by a supervisor and given to the employee either before or after the overtime is worked. 5. For all time worked on an employee’s regular day off, he/she shall be paid at the rate of one and one-half (1-1/2), times for such work, with a minimum of four (4) hours pay at the overtime rate. 6. An employee who agrees to return to work after the employee’s work day has ended shall be paid for the time worked, but not less than three (3) hours, at the time and one-half (1-1/2), unless by mutual agreement between the employee and the Employer, time off is scheduled in the same financial week or compensating time is scheduled later in the same pay period on the same basis as in paragraph 4 above. 7. No employee shall unreasonably refuse to work overtime when required by the Employer. The Employer shall keep a record of all overtime and compensatory time. 8. This Article will not apply to sports beat writers during the period they may be assigned to cover major league sports. These writers shall work a flexible schedule suitable for their assignments, provided that they shall not work more than five days, or more than thirty seven and one half (37 1/2) hours in a calendar week, without equal time off in the same week, or compensating time in the same pay period on the same basis as in paragraph 4 above. HOLIDAYS 1. The Company will observe the following paid holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. If the holiday falls on a weekend, the company may declare the following or prior Monday or Friday off consistent with normal business practice and must notify employees at least 45 days in advance of the holiday when the date of the declared holiday will take place. Any employee required to work on any of the paid holidays will receive an additional paid day off at straight time. 2. An employee required to work on any holiday shall be paid at the rate of 1 1/2 times, with a minimum of a full day’s pay at the rate of 1 1/2 times. 3. In addition to paid holidays, full-time employees are entitled to two paid personal days per year after one year of employment based on the date of hire. Personal days may be taken at any time during the year, provided an employee’s supervisor is given sufficient notice prior to the day desired and the date is mutually acceptable, except in an emergency, subject to sufficient explanation to the supervisor. In addition to the two paid personal days, an employee who takes only two sick days or less in any calendar year shall be entitled to an extra personal day in the following year. VACATIONS 1. Less Than One Year. Full-time employees starting employment after January 1 of any calendar year will be credited one day of paid vacation leave for each month worked up to a maximum of 10 days. The vacation leave thus earned may be used during the succeeding calendar year (which is their first full calendar year of employment). However, up to 5 days may be taken after six months of continuous employment in the first year by borrowing days from expected vacation in the succeeding calendar year. The number of vacation days a new employee may take in their second calendar year shall be reduced by the number of days borrowed in the first calendar year they were employed. When determining the vacation allowance for new employees, those starting employment after the first day of a given month shall be considered employed on the first day of the first full month of employment. 2. More Than One Year. (a) Full-time employees continuously employed for one full calendar year or more, up to and through their seventh full calendar year of employment, shall earn two weeks of vacation in each full calendar year of employment, to be taken in the calendar year succeeding the year in which the vacation was earned. (b) Full-time employees continuously employed for eight full calendar years or more, up to and through their fourteenth full calendar year of employment, shall earn three weeks of vacation in each full calendar year of employment, to be taken in the calendar year succeeding the year in which the vacation was earned. (c) Full-time employees continuously employed for fifteen full calendar years or more shall earn four weeks of vacation in each full calendar year of employment, to be taken in the calendar year succeeding the year in which the vacation was earned. 3. Voluntary Termination of Employment. A full-time employee who voluntarily terminates his or her employment prior to the completion of each succeeding twelve month period of continuous employment shall earn no vacation leave with respect to the latest uncompleted twelve month period. In addition, no employee who voluntarily terminates his or her employment shall receive any pay for vacation unless he or she has (a) been continuously employed for five full calendar years, (b) provided a written resignation to the supervisor at least two weeks prior to the date of termination, and (c) continues to work during the two week notification period, unless earlier released by the Company.4. Reduction in Force. Employees who are terminated as a result of a Reduction in Force (such as, for example, the abolishment of a position) shall be paid unused vacation earned from the preceding year. 5. Other Conditions. (a) Employees must take all earned vacation days during the calendar year succeeding the year in which the vacation credits were earned. No one may carry over vacation days from one year to the next. (b) A Vacation Request Form must be submitted to the employee’s immediate supervisor at least one month prior to requested vacation time and must be approved by the supervisor. Employees are encouraged to schedule their vacation time early for adequate levels of staffing. When more than one employee has requested the same available vacation time, seniority with the company will govern. 6. Additional Agreements Concerning Vacation. This reflects additional agreements concerning vacation which are hereby made part of our current Collective Bargaining Agreement for its term.Grandfather Agreement For Certain Employees. For full-time employees who were employed as of September 25, 1993 and have been continuously employed thereafter on a full-time basis with the prior publisher (Norristown Publishing Inc) of The Times Herald, the following arrangement will apply, on a “Grandfathered” basis, for the term of the current collective bargaining agreement: a) In lieu of the current vacation provisions, an employee who completes his/her fourth full year of continuous service, calculated from the employee’s date of hire with the prior publisher, shall be entitled to three weeks of vacation to use during the fifth and subsequent full calendar years of employment. An employee who completes his/her ninth full year of continuous service, calculated from the employee’s date of hire with the prior publisher, shall be entitled to four weeks of vacation to use during the tenth and subsequent full calendar years of employment. An employee, formerly employed by the previous publisher, who completes his/her fifteenth full year of continuous service, calculated from the employee’s date of hire with the prior publisher, shall be entitled to five weeks of vacation to use during the sixteenth and subsequent full calendar years of employment. b) If
an employee completes his/her fourth, ninth or fifteenth full year of
continuous service, calculated from the date of hire with the prior publisher,
in any calendar year during the term of this contract, then he or she shall
receive a fraction of one week’s vacation in such calendar year (in addition to
whatever vacation they are otherwise entitled during that year) determined on a
pro rata basis by multiplying 5 (days) times the number of weeks remaining in
the calendar year after the employee’s anniversary date and dividing by 52.
(a) After
90 days and up to two (2) years of service, up to five sick (5) days in each calendar year. (b) Employees
who use two sick days or less in a year will be entitled to one (1) additional
Personal Day the following year. 5. (a) The employee will
reimburse the Employer for the amount of sick pay equal to any amount received by the employee from Worker’s
Compensation. (b) After
sick leave is exhausted, the Company will provide short term disability (STD)
benefits up to thirteen (13) weeks of disability payable at fifty percent (50%)
of an employee’s current salary, according to the terms of the plan. An
employee must be out five (5) consecutive days to be eligible for STD benefits.
Paid sick time, if not already exhausted prior to the five (5) day waiting
period, must be applied to all or part of the waiting period for STD benefits,
subject to the requirement that all paid sick time must be exhausted prior to
eligibility for STD benefits. If paid sick time has been exhausted, paid
vacation time or personal days may be applied at the employee’s option to the
five (5) day waiting period for STD benefits. (c) Short
Term Disability runs concurrently with Family and Medical Leave Act (FMLA)
leaves of absence. An employee must be employed full time for at least one year
to be able to apply for STD benefits. (d) Acceptable medical documentation must be provided in order to receive STD
benefits. 3. (a) Employees covered by this Agreement
become eligible for inclusion under the Family and Medical
Leave Act (FMLA) when they have been employed by the Publisher at least twelve
(12) months and have worked at least 1,250 hours during the last twelve (12)
months. If an employee is entitled to an FMLA leave, the employee will be paid
for all accrued paid time off, such as sick and/or vacation/personal time,
prior to any unpaid FMLA leave. FMLA leaves shall be governed by applicable
law. The calendar year is to be utilized as the method of the twelve (12) month
FMLA ‘leave year’ period. (b) Times
spent on leaves provided for in this Article shall be considered service time
with the Employer in computing severance pay, experience rating to a maximum of 120 days, length
of vacation and all other benefits which depend in whole or in part upon the
length of service with the Employer. (b) Time
spent in such service shall be considered service time with the Employer in
computing severance pay, length of vacation and all other benefits which depend
in whole or in part upon length of service with the Employer. (c) Application
for resumption of employment must be made within ninety (90) days after
termination of military service, plus travel time from separation center to
place of employment. (b)
Eligible employees may also
elect to have voluntary deductions taken from their pay for the Journal
Register Company 401(k) Savings and Retirement Plan and the Journal Register
Company Flexible Spending Plan (Section 125 Plan) by written request, which
will be implemented quarterly. Implementation of such requests shall be subject
to existing plan notice provisions and other requirements established for the
Plan.
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10/10/05 3. (a) Part-time employees and employees paid
above the top minimum for their classification (“over-the-scale”)
prior to the Agreement Date shall receive an immediate increase of 2% on the
Agreement Date and, thereafter, an additional increase of 2% on each of the
next two yearly anniversaries of the Agreement Date (for a total of three
increases of 2% each). (b) Employees in experience steps other than
the top of the classifications listed in Article 19.3 above, shall receive the
following salary increases set forth below: A. The
company may have three (3) commission-only sales representatives during the
term of this Agreement. (1) They
will receive the same benefits and mileage this Agreement offers, with vacation
and sick leave calculated at $300 per week. (2) There
will be a three (3) month draw against commission. (3) Monthly
commission will be 15% percent to be paid bi-weekly. (4)
Payments will be 15% or $300 a week
for the first 90 days, which ever is greater. (5) All
accounts will be turned over to a regular (salaried) ad rep after one year (12
months) of activity. (6) Commission-only
reps will have the opportunity to call on both retail and classified accounts. (7) The
commission-only reps will not be allowed to apply for any regular (salaried) ad
rep position for twelve (12) months from start date. B. Regular Reps will be allowed to: (1) Place
any target account at the start-up of the program on protected status if
account name, address, phone number, name of the decision-maker and
verification of a presentation made within the last 60 days are submitted to
the Advertising Director no later than after hiring the first commission-only
sales rep. Target accounts will remain on protective status for 60 days. (2) On
an ongoing basis, regular sales reps will be allowed to place an account on
protective status for a period of 30 days if they present to the advertising
Director a suitable sales presentation along with the name of the account,
address, phone number and the name of the decision-maker; provided, a
commission-only rep has not made a presentation to this account within the last
thirty (30) days. After 30 days, the Advertising Director will determine if the
account will remain on protective status. (3) Active
advertisers will remain with their current sales rep as long as they remain
active. (4) If
any account remains inactive for 90 days, the account will be made available to
the commission-only sales rep. (5) Any
regular sales rep may apply for a commission-only position. C. It
is agreed the Company’s use of commission-only sales reps shall not cause the
layoff, discharge or replacement of any employee covered by this agreement. 7. Assignment
of desk assistants’ work to sports reporters: In
the event that a sports reporter is assigned to perform the work of a desk
assistant (other than occasional work for a few minutes) the sports reporter
will be paid at no less than the applicable desk assistants’ rate for each hour
of such work, except that over-the-scale sports reporters already paid more
than the desk assistants’ rate will not receive any additional pay. The
appropriate editors will be informed of this arrangement and will assign desk
assistant work to sports reporters equitably but only on an as needed basis. 1. New or Changed Jobs. (a) When
the Employer establishes a new job or materially changes the work content of an
existing job, it may establish a new (or changed) hourly rate and/or incentive
rate (as the case may be) and shall notify the (b) In
event of a substantial change in the content of any existing job, no claim or
wage rate inequities nor any request for a reclassification on behalf of any
employee shall be considered unless an existing job is materially altered so
that, considering all relevant factors, it has been transformed into one with
requirements more closely comparable to the requirements of a higher paid job
classification. Similarly, no claim of wage rate inequity nor any request for a
reclassification on behalf of any employee in a newly established job shall be
considered unless, considering all relevant factors, the new job is more
closely comparable to the requirements of a higher paid job classification. (c) In
case of a new job, or a substantial change in the content of an existing job,
at the highest classification, no claim or wage inequity on behalf of any
employee shall be considered unless the new job is established, or the existing
job materially altered, so that, considering all relevant factors, it is not
includable in the highest classification or any lesser classification. 2. Experience. In the application of the foregoing schedules
contained in Article XVIII to new employees, the Employer shall give such
credit for comparable employment experience as, in the reasonable exercise of
its judgment, it deems appropriate. (b)
Employees
shall provide the Publisher with notice of a desire to provide services for
remuneration for any publication, broadcast media, cable or internet media,
advertising media or public relations firm. The Publisher reserves the right to
object to such activity based on the standards listed above. (c) No employee shall, without written
permission of the Publisher, exploit his/her connection with the Publisher in
the course of permitted outside activity. 1. The Employer shall pay all authorized
expenses incurred by employees in the bargaining unit while in the service of
the Employer. 2. In the event an employee is authorized
by the Employer to use his/her own automobile in the service of the Employer,
the Employer shall compensate such employee at the rate of twenty-five cents
($.25) per mile for every mile driven in the business of the Employer. 3. Digital Camera Equipment Usage. The
Times Herald has made a substantial investment in electronic camera bodies,
lenses and peripheral equipment and accessories. The Times Herald, at its sole
discretion may provide this equipment to the Times Herald photographers for
business use only. This
equipment, while housed in traditional-looking camera bodies, contains a
delicate, high technology computer platform. Its processors and CCD imager
require the same care that would apply to any computer. As
with any photographic equipment, the digital body has particular points of
wear. Changing lenses is always a key source of potential damage. Lenses should
be removed and installed carefully. Care should be taken to prevent foreign
objects, including such things as dust and moisture from entering the camera
body. Care should be taken when mounting the camera on a tripod. Extra
care should be taken when using digital camera equipment outdoors during
inclement weather. The equipment should be bagged when possible and shielded
from excessive cold, heat, rain and snow. It
is understood that any Guild jurisdiction photographer using the
Employer-issued digital camera equipment is obliged to promptly report signs of
wear or damage to his/her supervisor. It
is understood that any Guild jurisdiction photographer using the
Employer-issued digital camera equipment in the field will not leave the
equipment unattended and is obliged to exercise due diligence in storing the
equipment out of sight when secured in his/her vehicle. Failing
to maintain the standards set forth herein may be “just and sufficient” cause
for discipline under Article 7.1 of the Collective Bargaining Agreement between
the parties, and subject to the provisions of Article 7.1. 1. An employee’s byline or credit line
shall not be used over his/her protest. Bylines or credit lines may not be
withheld for purposes of concerted activity or withheld by an employee on a
continual basis. 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. 1. The Employer agrees to provide legal
guidance and assistance for any employee required to surrender or disclose
information, notes, documents, or any other material to any authorized agent,
tribunal or court for the production of said material. 2. Following such notification that the
employee has been required to disclose information, the Employer’s own legal
counsel will be consulted, and if the employee follows such counsel’s advice,
the employee shall not suffer any loss of pay or other benefits and shall be
made whole for any fines or damages resulting from any judgment or decision
rendered by the tribunal requesting such disclosure. This Article applies
solely to requirements to disclose information, notes, documents, or any other
material. 1. During the term of this Agreement,
neither the Guild nor the employees will instigate, promote, sponsor, engage in
or condone any strike, sympathy strike, slowdown, boycott, or other concerted
action interfering with the operation or business of the Employer. 1. Bulletin Boards. The Employer agrees to provide bulletin
boards suitably placed in all departments for the use of the Guild as presently
provided. 2. Jury Duty and Witness Appearance. Any employee called to serve on a jury or to
testify at a court proceeding shall receive regular weekly salary, minus any
compensation received for such duty or appearance during periods of such
service or appearance, except when the employee is an interested party in a
case unrelated to his/her employment, or by any arbitration or court procedure
brought against the Employer by an employee or the Guild. A night shift employee called for such
service or appearance shall not be required to work on the day or days so
spent. 3. Voting Time. If an employee’s normal schedule of work is
extended on Election Day so that it would hamper his/her ability to vote, the
Employer agrees to allow such employee time off to vote. 4. Life Insurance. If an insured person dies, the amount of his
or her Life Insurance (1 x base salary to a maximum of $50,000) will be paid to
the Beneficiary. It will be paid in a
single sum unless a settlement option is chosen. The payment will be made immediately upon
receipt of satisfactory proof of death. If any amount of a person’s life
insurance terminates, it may be possible to convert all or part to a conversion
policy with no health examination. 5. Accidental Death and Dismemberment
Insurance. If an insured person dies
from an accidental injury an accidental death benefit (1 x base salary to a
maximum of $50,000) will be paid to the beneficiary. It will be paid in a single sum unless a
settlement option is chosen. If an insured person loses one or
more limbs or his or her eyesight, the Accidental Dismemberment Benefit may be
paid. It will be paid in a single sum to
the person insured. The loss must occur
within 90 days after the date of the accident causing the loss. 6. Health
Care. Health care coverage for
bargaining unit employees beginning the first of the month after 90 days of full-time continuous employment
with the Company shall be provided under the Journal Register Company Group
Health Plan (the “Plan”), US Healthcare or any other Health Plan the company
offers. Under this policy, the
employee co-pay for the monthly health premium will be 29% in the first year of
the contract, 31% in the second year of the contract and 33% in the third year
of the contract of the amount of the total premium which the Plan charges the
Company (which may change from time to time) for the category of coverage
selected; and the Company contribution will be 71% in the first year of the
contract 69% in the second year of the contract and 67% in the third year of
the contract. The same percentage co-pay and Company contribution shall apply
for employees electing US Healthcare, provided if the monthly premium for US
Healthcare exceeds the monthly premium for the Journal Register Company Group
Health Plan, the Company contributions to the monthly premium for US Healthcare
will be 71% in the first
year of the contract 69% in the second year of the contract and 67% in the
third year of the contract of the Journal Register
Company Group Health Plan premium with the difference paid by the employee. The employee share of the premium for group health insurance can
be made on a pre-tax basis through the Journal Register Company Section 125
Plan. Co-payments will be deducted from
the employee’s pay on a biweekly basis. Notification
of any change in the amount of the premiums the Plan or insurer charges the
Company will be given to the Union no later than 45 days before the changes are
to take effect, or three (3) days after the Company receives official notice,
whichever is less. This Agreement shall commence on the
Agreement Date ( Year="2003" Day="10" Month="10">October 10, 2003) and shall expire on the 10th day of
October, 2006. Within ninety (90) days
prior to the expiration date, the Employer or the Guild may initiate
negotiations for a new Agreement to succeed this Agreement; if such
negotiations shall continue beyond the expiration date, it is agreed that the
wages, hours and terms and conditions of employment in effect on the expiration
date of this Agreement shall remain in full force and effect until lawfully
terminated or modified as provided under the National Labor Relations Act, as
amended, or until an agreement is reached. Notwithstanding the foregoing
provision for the invitation of negotiations within ninety (90) days of
contract expiration, either party may request to begin early negotiations for a
new agreement up to one-hundred-and-twenty (120) days prior to contract
expiration. IN
WITNESS WHEREOF, the Guild and the Employer, by the duly authorized
representatives, have executed this Agreement below. Percentage is to
monthly revenue goal. Memorandum of Agreement between Times Herald Publishing Co., LLC. and the Newspaper Guild of Greater Philadelphia, Local 10 All full-time unit employees hired on or before October 10, 2003 will receive a one time lump sum bonus of $250.00 in the first pay period after the Agreement Date. Part-time employees hired on or before October 10, 2003 will receive a proportional one time lump sum bonus in the first pay period after the Agreement Date, in the amount of $250.00 multiplied by the fraction equal to the average number of hours they worked per week in each of the prior twelve months (or average hours in each of the full months they worked if less than twelve months) divided by 37.5 hours. ________________________________ ________________________________ Frank Santafede, Administrative officer Steve Roszczyk, Publisher For The Newspaper Guild of Greater Philadelphia For Times Herald Publishing Co., LLC. TNG/CWA Local 38010 Date: 10/10/03 Date: 10/10/03 Witnessed by: Witnessed by: ________________________________ ________________________________ Valerie Newitt, Unit Chair Stan Huskey, Editor Date: 10/10/03 Date: 10/10/03 __________________________________ Kathleen Marburger, Vice Chair Date: 10/10/03 __________________________________ Mary Oswald, Unit Secretary Date: 10/10/03 __________________________________ Judy Baca, Unit Treasurer Date: 10/10/03 SIDE LETTER “A” October 10, 2003 Ms. Melissa M. Nelson The Newspaper Guild/CWA of Greater Philadelphia Local 38010 1329 Buttonwood Street Philadelphia, PA 19123 Dear. Ms. Nelson: With respect to Article XX (Working Conditions), subsection 7 (Outside Activities), the parties agreed to grandfather the current activities of John Brown relative to the delivery of the Philadelphia Inquirer. ________________________________ ________________________________ Melissa Nelson, , Local Representative Steve Roszczyk, Publisher For The Newspaper Guild of Greater Philadelphia For Times Herald Publishing Co., LLC. TNG/CWA Local 38010 Date: 10/10/03 Date: 10/10/03 Witnessed by: Witnessed by: ________________________________ ________________________________ Valerie Newitt, Unit Chair Stan Huskey, Editor Date: 10/10/03 Date: 10/10/03 __________________________________ Kathleen Marburger, Vice Chair Date: 10/10/03 __________________________________ Mary Oswald, Unit Secretary Date: 10/10/03 __________________________________ Judy Baca, Unit Treasurer Date: 10/10/03 SIDE LETTER “B” October 10, 2003 Ms. Melissa M. Nelson The Newspaper Guild/CWA of Greater Philadelphia Local 38010 1329 Buttonwood Street Philadelphia, PA 19123 Dear. Ms. Nelson: This letter is intended to explain, by way of examples, the understanding reached between the parties during negotiations for the Collective Bargaining Agreement between Times Herald Publishing, L.L.C. and The Newspaper Guild effective October 10, 2003 through October 10, 2006 relative to the application of contractual anniversary and experience raises for those full-time employees not at the top of their individual wage scales. The following examples are expressed in terms of weekly pay rates for full-time employees. Ex. 1: Display Advertising Outside DOH 1/27/03 Less than 2 years (current) $420.70 Contract Inc. 10/10/03 +2% $429.11 Contract Inc 10/10/04 +2% $437.70 Anniversary 1/27/05 After 2 years $448.02 Contract Inc 10/10/05 +2% $456.98 Anniversary 1/27/06 After 3 years $475.34 Ex.2:Display Advertising Outside DOH 8/19/02 After 3 years (current) $475.34 Contract Inc. 10/10/03 +2% $484.85 Anniversary 8/19/04 After 4 years $502.65 Contract Inc 10/10/04 +2% $512.70 Anniversary 8/19/05 After 5 years $534.00 Contract Inc 10/10/05 +2% $544.68 Ex. 3: Desk Assistant DOH 4/18/01 Less than 2 years (current) $491.73 Contract Inc. 10/10/03 +2% $501.56 Anniversary 4/18/03 After 2 years $513.58 Contract Inc 10/10/04 +2% $523.85 Anniversary 4/18/04 After 3 years $524.51 Contract Inc 10/10/05 +2% $535.00 Anniversary 4/18/05 After 4 years $557.29 Ex.4: Photographer DOH 12/4/00 After 2 years (current) $453.48 Contract Inc. 10/10/03 +2% $462.55 Anniversary 12/4/03 After 3 years $469.87 Contract Inc 10/10/04 +2% $479.27 Anniversary 12/4/04 After 4 years $486.26 Contract Inc 10/10/05 +2% $495.99 Anniversary 12/4/05 After 5 years $527.28 Ex.5: Reporter DOH 8/25/03 Less than 2 years (current) $437.09 Contract Inc. 10/10/03 +2% $445.83 Contract Inc 10/10/04 +2% $454.75 Contract Inc 10/10/05 +2% $463.84 Anniversary 8/25/06 |