AGREEMENT
BETWEEN
THE VALLEY
INDEPENDENT, A DIVISION OF TRIBUNE-REVIEW PUBLISHING COMPANY
AND
LOCAL 38061
THE NEWSPAPER
GUILD
OF
TO
This Agreement is entered into this first
(1st) day of May , 2005, between The Valley
Independent, Monessen, Pennsylvania, a Division of the Tribune-Review
Publishing Company, hereinafter known as the Employer, and the Newspaper Guild
of Pittsburgh / Communications Workers of America, Local 38061 chartered by The
Newspaper Guild (AFL-CIO), hereinafter known as the Guild, as the
representative and on behalf of all employees of the Employer described in
Article I. Signatories to this Agreement
warrant that they execute it with full authority to do so and with full
intention to be legally bound thereby.
ARTICLE I-COVERAGE
SECTION 1
The Employer hereby recognizes that the Guild has
been duly certified as the exclusive representative for the purposes of
collective bargaining for those bargaining unit employees of the News,
Advertising, Circulation, Business Office and Maintenance departments, and that
this Agreement covers such employees.
SECTION IA
The jurisdiction of the Guild is the kind of work
either normally or presently performed within the bargaining unit and any other
kind of work assigned to be performed within the unit, whether by presently or
normally-used processes or equipment or by new or modified processes or
equipment.
This section shall not limit the right of the
Employer, based on kinds of past practice, to use stringers, correspondents,
special contributors, freelancers, supervisors and special project contractors
to perform such work so long as their use would not eliminate full-time
employees.
SECTION 2
TERM-This
Agreement shall cover the period of four (4) years, May 1, 2005, through
April 30, 2009. Within sixty (60)
days prior to the termination of this Agreement, the Employer or the Guild may
initiate negotiations for a new contract.
The terms and conditions of this Agreement shall remain in effect until
such negotiations are terminated.
SECTION 3
STRUCK WORK/PICKET LINE-An employee shall not be required to handle struck work or work
destined for struck departments or shops under circumstances which make the
Employer an ally of the struck Employer, nor shall an employee be required to
cross picket lines except in the normal course of the employee’s business for
the Employer or for news coverage, having due regard for the safety of the
employee.
ARTICLE II-GUILD MEMBERSHIP
SECTION 1
All employees covered by this Agreement who are
members of the Guild in good standing on the date of signing of this Agreement
shall be required to remain members as a condition of employment, and all new
employees hired on or after the date of signing of this Agreement shall be
required immediately upon the completion of their probationary period as set
out in Article III, Section 3, to become and remain members of the Guild as a
condition of employment. The Guild
agrees that it will accept into and retain in membership any employee subject
to the constitution and by-laws of the Guild and further agrees that an
employee shall not be discharged in the application of this provision except
for non-payment of dues and initiation fees.
SECTION 2
The Employer and the Guild agree that there will be
no discrimination against any employee because of voluntary membership or lack
of membership in the Guild, or because of activity or lack of activity in the
Guild.
SECTION 3
The Employer agrees it does not have the right to
object to any rule or regulation made by the Guild for the government of its
members, but such rules and regulations shall in no way affect the Employer in
the operation of the newspaper.
SECTION 4
Upon the employee’s voluntary assignment, the
Employer shall deduct from the earnings of such employee and pay to the Guild monthly
the employee’s Guild membership dues, according to the schedule of such dues
furnished the Employer by the Guild.
(a)The checkoff assignment shall be made upon the
following form:
ASSIGNMENT AND AUTHORIZATION TO CHECK
OFF
GUILD MEMBERSHIP DUES, INCLUDING ASSESSMENTS
To:
and-or ASSIGNS, EMPLOYER
I hereby assign to the Newspaper Guild of Pittsburgh
and authorize the Employer to deduct from any salary earned or to be earned by
me as his employee an amount equal to all my Guild membership dues, as
certified by the Treasurer of the Newspaper Guild of Pittsburgh, for each
calendar month following the date of this assignment.
I further authorize and request the Employer to
remit the amount deducted to the Newspaper Guild of Pittsburgh not later than
the 15th day of that month.
This assignment and authorization shall remain in
effect until revoked by me, but shall be irrevocable for a period of one (1)
year from the date appearing below or until the termination of the collective
bargaining agreement between the Employer and the Guild, whichever occurs
sooner. I further agree and direct that
this assignment and authorization shall be continued automatically and shall be
irrevocable for successive periods of one (1) year each or for the period of
each succeeding applicable collective agreement between the Employer and the
Guild, whichever period shall be shorter, unless written notice of this
revocation is given by me to the Employer and to the Guild by registered mail
not more that thirty (30) days and not less than fifteen (15) days prior to the
expiration of each period of one (1) year, or of each applicable collective
agreement between the Employer and the Guild, whichever occurs sooner. Such notice of revocation shall become
effective for the calendar month following the calendar month in which the
Employer receives it.
This assignment and authorization supersedes all
previous agreements and authorizations heretofore given by me in relation to my
Guild membership dues, including assessments.
_________________________
Date:
_______________ Employee’s
Signature
_________________________
Witness
ARTICLE III- HIRING
SECTION 1
The Employer shall notify the Guild of all vacancies
in the bargaining unit and shall give first consideration to the hiring of any
candidates supplied by the Guild. There
shall be no discrimination against any employee or prospective employee because
of age, sex, creed, color, religion or national origin, or any mental or
physical disabilities that can reasonably be accommodated.
SECTION 2
An employee hired as a replacement for one entering
military service shall, upon employment, be given a written notice of his
employment status which makes clear his obligation to relinquish the situation
upon return of the employee from military service. It is understood that this section covers
only those who have been drafted under federal law or enlist for a single term
in the face of conscription.
SECTION 3
Newly-hired employees shall be considered
probationary employees on the following basis:
(a) All
employees hired without having one (1) year’s prior experience on a daily
newspaper in the classification
assigned - 120 days.
(b) All
employees hired in editorial, advertising sales, circulation supervisory, and
maintenance mechanics classifications who have at least one year of experience
on a daily newspaper in the classification assigned and employees not covered
above - 90 days.
Termination of employment
during or at the end of the probationary period shall not be subject to the
dispute or appeal procedures of this Agreement.
Continuation of employment beyond the probationary period shall entitle
the employee to seniority from the date of employment and applicable benefits
of this Agreement.
ARTICLE IV- INFORMATION
SECTION 1
Upon written request by the Guild, the Employer
shall make available employee information concerning individuals in the bargaining
unit when the Guild shows the information relevant to a particular grievance,
necessary information for a particular bargaining purpose, or for Guild dues
increases or adjustments.
SECTION 2
The Employer shall furnish the Guild, in writing, within
one (1) week of employment, the name of any person hired, his job experience
rating, and his date of hiring. The
Employer shall promptly notify the Guild of resignations, deaths and
terminations of employment of employees.
Employees shall tender written notice of resignations and/or retirements
at least two (2) weeks prior to their termination.
ARTICLE V-GRIEVANCE PROCEDURE
SECTION 1
It is the mutual understanding of the parties hereto
that those matters alleged to be violations of this Agreement are recognized as
grievances and subject to the grievance procedures set forth in this Article.
SECTION 2
The Guild shall designate a committee of not more
than three (3) persons to be known as the grievance committee to be the representative
of the Guild in taking up grievances with the Employer or its authorized
representative. The Guild acknowledges
that committee members have their regular duties to perform on behalf of the
Employer, and it is further agreed that grievances shall not be pursued at
times which interfere with established routine of work.
SECTION 3
The Guild shall keep the Employer notified of the
names of its grievance committee and identify the chairman.
SECTION 4
Within thirty (30) calendar days after the grieved
party learns or should have learned of the circumstances giving rise to
complaint concerning an alleged violation, and upon notification of either
party, a meeting shall be held between the committee and the Employer and/or
its representative. It shall be
incumbent upon the grieving party to state, in writing, the general nature of
the grievance, the remedy sought, and the section or sections of the Agreement
which are alleged to have been violated.
The aforementioned written statement shall be presented at the outset of
the meeting. In the event of a failure
to resolve the dispute at that time, the parties shall, within ten (10)
additional calendar days, conduct a second meeting to attempt to resolve the
dispute. The decision of the other party
receiving the grievance shall be delivered, in writing, within ten (10)
calendar days thereafter.
SECTION 5
Failing settlement under Section 4 of any difference
between the parties arising from the application, interpretation or alleged
violation of the Agreement, such difference may be taken to arbitration as
provided in this Agreement. If no
written request for arbitration is received within ten (10) days after the
decision in Section 4 is given, the grievance shall be deemed to have been
forfeited.
SECTION 6
All decisions arrived at between representatives of
the Employer and representatives of the Guild shall be final and binding upon
the Employer, the Guild and the employees.
SECTION 7
Such time limits, as outlined in this Article, may
be extended by mutual agreement.
SECTION 8
Saturdays, Sundays, holidays or any other day on
which the Business Office is closed for regular business will not be counted in
determining the time within which any action is to be taken or completed under
this Article.
SECTION 9
When either party requests that any differences as
hereinbefore provided be submitted to arbitration, it shall make such requests
in writing addressed to the other party to this Agreement. In the event the Employer and the Guild fail
to agree upon an arbitrator within ten (10) days after receipt of written
notice of intent to arbitrate, the arbitrator shall be selected under the rules
and procedures of the American Arbitration Association.
No person may be appointed an arbitrator who has
previously been involved in an attempt to negotiate or settle a difference.
SECTION 11
The arbitrator shall not have authority to amend or add
to any of the provisions of this Agreement, or to substitute any new provisions
in lieu thereof.
SECTION 12
The proceedings of the arbitration will be expedited
by both parties to this Agreement, and the decision of the arbitrator shall be
final and binding upon the Employer, the Guild and the employees.
SECTION 13
The compensation and other expenses of the
arbitrator shall be borne equally by the Employer and the Guild. All other expenses of arbitration, unless
otherwise agreed upon, shall be paid by the party incurring them. Any arbitration hearing shall be held at a
place other than at the Employer’s place of business, unless mutually agreed to
otherwise.
ARTICLE VI-SECURITY
SECTION 1
No employee shall be dismissed except for just and
sufficient cause. Notice of dismissal
and reason therefore shall be given in writing at least two (2) weeks in
advance of dismissal, or two (2) weeks pay shall be given in lieu of
notice. When dismissal is for gross
misconduct or gross neglect of duty, the employee shall be discharged
immediately, with pay, to the time of discharge only.
ARTICLE VII-LAYOFFS
SECTION 1
The Employer may at all times,
determine the size of the staff. Reduction
in the force is a just and sufficient cause for discharge and shall not be
subject to arbitration. The Guild
reserves the right to raise the question of whether a reduction in force is in
fact the reason for such discharge.
SECTION 2
Whenever the Employer decides that it is necessary
to reduce the staff, employees will be laid off within each classification in
the inverse order of their continuous service, provided those remaining are
qualified to perform the work required.
Any dispute arising over the determination of the qualifications of the
affected employee(s) shall be subject to the grievance procedure set forth in
Article V.
SECTION 3
Employees
dismissed to reduce the force shall be placed on a rehiring list for two (2)
years. The Employer shall recall first
from the rehiring list, in the order of seniority, those persons who have
experience in the classification in which vacancy occurs, provided, however,
that a refusal to accept an offer of rehire into the classification in which
he/she has experience shall terminate the Employer’s obligation under this
section with respect to such employee.
SECTION 4
Seniority means length of continuous service with
the Employer. Where an interruption of
service results from a reduction of force, the Employer, on rehiring, may
recognize past service in the determination of seniority.
ARTICLE VIII-INSURANCE & RETIREMENT
SECTION 1
Full-time employees who have been employed for
ninety (90) days or more shall be given the opportunity to obtain
hospitalization and group medical insurance coverage in the Select Blue Health
Insurance plan, or its equivalent. This
ninety (90) day waiting period shall not apply to full-time employees hired on
May 1, 1997.
The Employer will pay sixty-five (65%)
percent of the premium for this coverage.
Thirty-five (35%) percent of the premium will be paid by the
Employee. Documentation of premiums
changes will be provided upon request.
Increases in premiums shall be paid in the same
proportion set forth above.
SECTION
2
The Employer will provide $10,000.00 in life insurance
coverage at no cost to full-time employees.
There shall be a six (6) month waiting period for this coverage. Current full-time employees (hired on
May 1, 1997) will be covered as of November 1, 1997.
SECTION 3
(a)
The Employer
agrees to contribute to the ITU Negotiated Pension Plan (hereinafter sometimes
referred to as the “Plan”) $3.75 per shift for each employee covered by this
Agreement.
Effective May 1, 2006, the Employer agrees to
contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred
to as the “Plan”) $4.25 per shift for each employee covered by this Agreement.
Effective May 1, 2007, the employer agrees to
contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred
to as the “Plan”) $4.50 per shift for each employee covered by this Agreement.
Effective May 1, 2008, the Employer agrees to
contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred
to as the “Plan”) $5.00 per shift for each employee covered by this Agreement.
This Plan is for the purpose of providing pensions
on retirement, death benefits and other related benefits for covered employees
of the Employer and other contributing employers.
Contributions shall be made for any shift for which
an employee received compensation (e.g., sick leave, vacations, holidays,
disability insurance, bereavement leave, jury duty).
The Plan is
jointly administered by Trustees appointed in equal numbers by the Union and
Employers under an Agreement and Declaration of Trust and has been found by the
Internal Revenue Service to be entitled to exemption under the Internal Revenue
Code.
(b) Contributions shall be made by check, money
order, or similarly recognized medium of exchange and shall be made payable and
forwarded to the ITU Negotiated Pension Plan, P.O. Box 2380, Colorado, Springs,
Colorado 80901, no later than the 20th of the following month, together with
reports on forms to be furnished by the Plan.
(c) Title to all monies paid into the Plan shall be
vested and shall be held exclusively by the Trustees in trust for use in
providing the Benefits under the Plan and paying its expenses.
(d) Notwithstanding
the above, the Employer’s sole liability as to pension benefits for its
employees covered by this Agreement is limited to its negotiated contributions
to the ITU Negotiated Pension Plan. The
Employer specifically assumes no responsibility for the benefits promised the
participants by the ITU Negotiated Pension Plan by the trustees, the International
Typographical Union or their advisors.
(e) The Employer shall supply to the Chapel Chairman
a copy of either the union representative’s copy of Negotiated Pension Plan
remittance forms or a copy of the Employer’s print-out forms on a monthly
basis.
(f) This Agreement is entered into with the understanding that the ITU Plan qualifies under Internal Revenue Service regulation for deductibility of the Employer contributions as a business expense under the Internal Revenue Code. The Employer’s payment of such contribution shall continue during the term of this Agreement so long as these contributions remain deductible under the Internal Revenue
SECTION 4
In cases of serious illness, and after all approved
sick days under Article XIII have been used, the Employer will provide
additional leave to full-time employees as follows: a maximum of two (2)
calendar months at full pay plus one (1) calendar month at half (1/2) pay per
calendar year. Benefits provided hereunder
shall not be paid until the Employer, through physicians of its choice,
confirms the nature and extent of the underlying medical condition, and
determines that the absence was the result of a serious illness. There shall be a six (6) month waiting
period for eligibility for the benefits provided in this Section 4 for
full-time employees hired after May 1, 1997.
ARTICLE IX-TRANSFERS
SECTION 1
No employee covered by this Agreement shall be
transferred by the Employer to another associated enterprise without the
employee’s consent.
SECTION 2
In filling vacant positions within the bargaining
unit, the skill, ability and qualifications of applicants shall be taken into
account, and the application of any present employee shall be given first
consideration. Notice of vacant
positions which the Employer intends to fill shall be posted on the bulletin
board for a minimum of five (5) days.
ARTICLE X- HOURS & OVERTIME
SECTION 1
The regular working day shall
consist of eight (8) hours exclusive of a lunch period.
SECTION 2
The regular work week shall not be more than five
(5) days or not more than forty (40) hours.
SECTION 3
Overtime is defined as any work over eight (8) hours
in a day, over five (5) days in a week, or over forty (40) hours in a week. Overtime shall be worked only when required
and assigned by a department head.
SECTION 4
Compensation for overtime work shall be at the rate
of one and one-half (1 ½) times the employee’s regular straight time hourly
rate, excluding bonuses, commissions, or other incentive pay, and payment shall
be included in the payroll.
SECTION 5
In accordance with past practice, travel time shall
be included as time worked when on overtime assignment.
SECTION 6
When a major part of an employee’s shift falls
between 5 p.m. and 6 a.m., the employee shall be considered to be working a
night shift and shall be paid an additional $2.00 for each such shift worked.
SECTION 7
Any full-time employee required to work a regular
off day shall be employed for a minimum of five (5) hours at the overtime rate
unless discharged for cause or excused at the employee's request.
ARTICLE XI-HOLIDAYS
SECTION 1
The following holidays, or days celebrated as such, shall
be granted to all full-time employees covered by this Agreement at full
pay: New Year’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Each full-time employee shall be entitled to
one (1) additional holiday with full pay each year which shall be deemed a
floating holiday. In addition, full-time
employees with six (6) years of service will be entitled to a second (2nd)
floating holiday. The floating holiday
is to be selected by the full-time employee with the approval of the employee’s
supervisor. The full-time employee must
notify and get approval from the supervisor at least seventy-two (72) hours
prior to the date selected as the floating holiday.
SECTION 2
A full-time employee required to work on the holiday,
or a day designated as such, shall receive pay at time and one half (1 1/2
time) for the actual work performed, which shall be in addition to the holiday
pay provided in this Section.
SECTION 3
When a holiday, or a day celebrated as such, falls
on a full-time employee’s day off or during vacation, the employee may elect to
receive the holiday pay or a substitute day off at a time mutually satisfactory
to the Employer and the employee.
ARTICLE XII-VACATIONS
SECTION 1
Full-time employees who have completed specified
periods of continuous service by January 1 each year shall receive vacation
with pay for that year on the following basis, and calculated on the regular
straight time rate of pay:
(a) Less than one (1) calendar year of service - one
(1) day of vacation for each two (2) months worked up to five (5) days of
vacation.
(b) After one (1) calendar year of service - a
maximum of ten (10) days of vacation at the rate of one (1) day for each
twenty-six (26) days worked in the preceding year.
(c) After seven (7) calendar years of service - a
maximum of fifteen (15) days of vacation at the rate of one and one half (1 ½) days for each twenty-six (26) days
worked in the preceding year.
(d) After sixteen (16) calendar years of service - a
maximum of twenty (20) days of vacation at the rate of two (2) days for each
twenty-six (26) days worked in the preceding year.
Absence from work due to compensated illness or
injury or vacations shall not be deducted in computing an employee’s vacation.
SECTION 2
Full-time employees shall notify the Employer of
preferred vacation dates by February 15 of each year. Seniority shall be recognized in the choice
of vacation dates when assigned by the Employer, but failure of the full-time
employee to designate a choice by February 15 will be cause for the employee to
lose the preference to which the employee's seniority might otherwise entitle
the employee.
SECTION 3
The vacation schedule shall be arranged by the
Employer with due consideration of work loads and the convenience of the
full-time employees, but it is the clear intent of this section that the right
of the Employer to decide the number of employees on vacation at any one time
is confirmed.
SECTION 4
It is agreed that the Employer will not be required
to fill positions of full-time employees on vacation except to hire such help
as the Employer deems necessary to fulfill work requirements.
SECTION 5
Vacation time or vacation credit shall not be
carried over from one calendar year to another.
However, if a full-time employee has not taken all vacation days by
December 31 of any year as a result of a postponement requested by the Employer,
the employee shall have the option to be paid for the remainder of the vacation
or receive vacation days off the next year at a mutually agreeable time.
SECTION 6
Upon termination of employment, a full-time employee
shall receive either terminal vacation or vacation pay accrued to the date of
terminated service. The estate of a
deceased employee shall receive vacation pay accrued to the date of the
employee’s terminated service.
SECTION 7
The Employer shall provide vacation pay in advance of
the full-time employee’s vacation provided sufficient advance notice is given
to have vacation pay included in the payroll preceding the term of vacation.
ARTICLE XIII-SICK LEAVE
SECTION 1
Full-time employees hired on May 1, 1997, who
are absent because of illness or accident, shall be entitled to sick leave at
the regular straight time rate on the following schedule:
A. A
maximum eight (8) days of sick leave in each calendar year (1/3 of 8 days in
2009).
Full-time employees hired after May 1, 1997, who are
absent because of illness or accident shall be entitled to sick leave at the
regular straight time rate on the following schedule:
A. Less
than one (1) year of service, one (1) day of sick leave for each two (2) months
worked up to five (5) days; and
B. More
than one (1) year of service, a maximum of eight (8) days in each calendar year
thereafter (1/3 of 8 days in 2009, if applicable).
SECTION 2
Sick days shall not be carried over from calendar
year to calendar year.
SECTION 3
A physician’s statement concerning inability to work
when a full-time employee is absent from work on sick leave may be required by
the Employer prior to payment under this Article.
SECTION 4
Payments under this Article shall not duplicate
Workers' Compensation or Social Security disability benefits. However, should
payments under Workers' Compensation be less than provided in the schedule in
Section 1 of this Article, the Employer will supplement the compensation
payment so that the total benefit to the employee shall not be less than the
total provided in Section 1 of this Article.
SECTION 5
Any full-time employee covered by the terms of this
Agreement who is off due to illness or injury for an indeterminable period, may
be replaced during such interim period by the Employer. Such temporary replacement employee shall not
be eligible for any fringe benefits under the terms of this Agreement (except
as required by state or federal law) unless subsequently employed on a
full-time basis. Temporary replacements
subsequently employed full-time on a continuous basis shall be granted
seniority from the original continuous date of employment and granted all benefits
in accordance therewith.
ARTICLE XIV-LEAVES OF ABSENCE
SECTION 1
Upon request, the Employer shall grant full-time
employees leaves of absence for good and sufficient cause, but the granting of
such leave or leaves shall not unduly disrupt the operation of the Employer.
SECTION 2
All conditions of the leave and return to work must
be in writing and agreed to by both the Employer and the full-time employee
before the leave is effective.
SECTION 3
In accordance with statutory provisions, an employee
called to active duty by a branch of the Armed Services shall be granted a
leave of absence without pay for the period of time required by military orders
and, at the conclusion of leave, may claim reinstatement in the employee's
position or a comparable one within the limit of time legally allowed. At the time the leave commences, the employee
shall receive either vacation or vacation pay accrued to the date of departure.
SECTION 4
A leave of absence granted under this Article shall
be without pay. Leaves of absence, other
than military leaves, shall not constitute a break in continuity of service in
the determination of vacation or other benefits.
SECTION 5
Time spent on military leave will be counted for the
purpose of establishing vacation eligibility, but not accrual.
SECTION 6
UNPAID UNION LEAVE:
Eligibility.
The four (4) elected or appointed officers of the local Union, delegates
to the Newspaper Guild and/or Communications Workers of America, AFL-CIO-CLC
conventions, both national and local, and delegates to special meetings of same
are eligible.
1.
Return. The
eligible employee shall return to the same position.
2.
Miscellaneous.
A.
Eligible
employees must give their supervisor a minimum of four (4) weeks’ written
notice; however, less than four week’s notice may be acceptable under unusual
circumstances;
B.
The amount of time off shall be limited to a total
of eight (8) days per calendar year, cumulatively (8 days, total, for all
eligible employees per year); provided, however, that the eight (8) day limit
may be increased to ten (10) upon request of the Union, but said request may be
denied for good cause by the Employer.
Days off may not be carried over from year to year;
C.
One (1) eligible employee per department at a time
may take time off under this provision;
D.
The request for time off may be denied if, in the
Employer’s reasonable business judgment, the unpaid leave would unduly disrupt
or adversely affect operations;
E.
Days off must be taken in full day increments.
ARTICLE XV-PART-TIME EMPLOYEES
SECTION 1
A part-time employee is one hired to work regularly
or irregularly less than the work week in this Agreement.
SECTION 2
Pay for part-time employees shall be calculated on
the basis of the weekly salary provided in this Agreement pro-rated to the
hours actually worked.
SECTION 3
Benefits are not extended to part-time employees.
SECTION 4
A part-time employee shall advance on the schedule
of minimum salaries on the basis of length of service.
SECTION 5
A part-time employee shall not be employed where, in
effect, such employment would eliminate a regular full-time employee.
ARTICLE XVI-MINIMUM SALARIES
SECTION 1
The Employer agrees to pay and the Guild agrees to
accept for the period of this agreement the minimum rates of compensation,
attached, to be paid in accordance with the terms of this Agreement. Amounts are expressed as weekly earnings for
the standard work week as provided in this Agreement. Work of less than the standard work week
shall be paid at pro-rated hourly rates.
SECTION 2
For those full-time employees not above the scale
maximum, each employee shall receive an increase in salary as set forth on the
schedule of Minimum Weekly Scales on the anniversary of the employee's hire
date. The two-page schedule of minimums
is attached hereto as Exhibit "A," and is incorporated by reference
as if fully set forth herein.
For those full-time employees above the scale
maximum, the following percentage wage increases will apply as of May 1 of
each year during the term of this Agreement:
2005 2006 2007 2008
3.0% 2.5% 3.0% 2.5%
Casual help-Five (5) cents above Federal or State minimum wage, whichever is greater. Progression is based on years of experience in given category
ARTICLE
XVII-GENERAL WAGE PROVISION
SECTION
1
Employees shall be classified as to job title and
experience rating at the time of employment, transfer or promotion and the
Guild notified in accordance with Article IV.
When a new employee is hired or when an employee is transferred to
another classification, the employee's experience rating shall be fixed by
mutual agreement of the employee and the Employer with due regard to experience
in comparable work. Thereafter, the
employee advancing through the schedule of minimums shall receive the increases
provided thereby on each employment anniversary in the employee's
classification.
SECTION
2
Assignment
of an employee to a given classification does not preclude assignment of that
employee as a substitute in either higher or lower classification work, and the
authority of a department head to make such assignment is hereby
confirmed. When assignment as a
substitute in a higher classification exceeds two (2) consecutive days, the
employee shall receive at least the minimum for such higher classification as
given in the schedule above. An employee
assigned as a substitute in lower classification work shall not have the
employee's salary changed during assignment to that classification.
An employee assigned as a substitute in a Guild
exempt higher classification shall receive an additional $5 (five dollars) for
each shift worked in that position.
SECTION 3
Compensation above minimum rates, recognizing
sustained individual merit, is understood to be permissible under this
Agreement.
SECTION 4
Above wage minima and general increase need not
apply to salaries of those who are on retirement, partial retirement or who are
on extended sick leave. The pay
increases shall go into effect upon the employee’s return to work.
SECTION 5
The percentage increases and
scales set forth above in this Agreement shall not apply to employees involved
in the advertising sales function, said employees being identified, known and
understood by the parties. Said
employees, as applicable, shall receive 2/3 of the percentage increase or scale
rate set forth above, plus commissions.
The commission program shall be as follows:
Employees
involved in the advertising sales function will be eligible to earn monthly
commissions.
Commission
payments will be based on each employee’s performance measured against: (1)
revenue recorded during the previous year; and (2) the budget established by
Employer for the current year.
Employees
who generate revenue that exceeds the previous year’s total but does not exceed
the Employer’s current year’s budget will be paid three (3%) percent of that
revenue amount.
Employees
who generate revenue that exceeds the current year’s budget will be paid five
(5%) percent of the revenue amount generated beyond the previous year’s
total.
Example:
Actual
amount generated during July, 2004: $30,000.00
Amount
budgeted by Employer for July, 2005: $32,500.00
At
$31,500.00, the monthly commission would be 3% of $1,500.00 or $45.00.
At
$35,000.00, the monthly commission would be 5% of $5,000.00 or $250.00.
It
is understood that any commissions paid shall be in addition to 2/3 of the
standard wage increase applicable to all other bargaining unit members.
ARTICLE XVIII-EXPENSES
SECTION 1
The Employer agrees to pay authorized expenses
incurred by employees in the service of the Employer.
SECTION 2
Employees required and authorized to use their own
vehicles in the service of the Employer shall be reimbursed for the expense at
the rate of .28 (twenty-eight) cents per mile.
SECTION 3
The option of the Employer to provide company
vehicles at any time for company business is confirmed.
ARTICLE XIX-MISCELLANEOUS
SECTION 1
BULLETIN BOARD-The Employer
agrees to provide a bulletin board suitably placed for the use of the Guild, in
accordance with past practice.
SECTION 2
OUTSIDE ACTIVITY-Employees shall be free to engage
in any activities outside of working hours provided such activities do not
consist of service performed in direct competition with the Employer and do not
result in any conflict of interest with respect to the employee’s duties with
the newspaper.
SECTION 3
FUNERAL
LEAVE- Upon the death of a full-time employee’s spouse, child, step-child,
parent, step-parent, brother, sister, grandparent, grandchild, mother-in-law,
father-in-law, sister-in-law or brother-in-law, three (3) days of paid leave
shall be granted at the regular straight time rate provided the leave is taken
between the day of death to and including the day of the funeral.
SECTION 4
JURY
DUTY- Full-time employees who intend to respond to a summons for jury duty are
to advise their supervisor as promptly as possible about the starting date and
probable duration of such service. In
accordance with past practice and policy, the Employer will pay an employee the
difference between jury duty pay and the regular pay that would have been
received for the time regularly spent at work, provided this benefit shall be
limited to three (3) weeks of jury service.
The Employer may require from the employee a certificate of such service
from the Clerk of Courts prior to making any payments hereunder.