Contract

 

 

AGREEMENT

BETWEEN

THE VALLEY INDEPENDENT, A DIVISION OF TRIBUNE-REVIEW PUBLISHING COMPANY

AND

LOCAL 38061

THE NEWSPAPER GUILD 

OF PITTSBURGH / COMMUNICATIONS WORKERS OF AMERICA

 

MAY 1, 2009

TO

APRIL 30, 2012

 

 

 

 

 

AGREEMENT

 

This Agreement is entered into this  first  (1^st) day of May , 2009, between The Valley Independent, Monessen, Pennsylvania, a Division of Trib Total Media, 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 three (3) years, May 1, 2009, through April 30, 2012.  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 disability; disability as defined by the Americans with Disabilities Act or the Pennsylvania Human Relations Act.

 

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.

   

SECTION 10

 

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, but the ratio of full-time to part-time employees shall at no time exceed the limits outlined in Article XV.  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.

 

                In the event of a layoff of a full-time employee, the Employer shall not replace the full-time employee with a part-time employee.

 

SECTION 3

 

                Employees dismissed to reduce the force shall be placed on a rehiring list for one (1) year.  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 PPO Blue 118 plan, or its equivalent.  Coverage shall commence the first day of the month following the completion of ninety (90) days.

                                   

         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.

 

Coverage shall cease at the beginning of the next month for discharge, resignation or retirement.  Coverage shall cease at the beginning of the month following three (3) months for a non-occupational disability or an occupational disability.

 

The Employer will offer a dental plan for full-time employees, with the full premium to be paid in its entirety by the employee.

 

The Employer will offer a vision plan for full-time employees, with the full premium to be paid in its entirety by the employee.

 

Full-time employees will be eligible to participate in the Employer’s Flexible Spending Account program.

 

The Employer will offer individual health insurance policies for part-time employees that have two (2) or more years of continuous service from the date of hire.  This coverage will be provided for the employee only.  Medical insurance benefits for eligible part-time employees are provided by the insurer of the policy and the coverage and benefits are subject to the requirements of the insurer and the insurance policy.  A physical examination may be required.  If accepted into a plan, the Employer will pay 50% of the monthly premium and the employee will pay 50% of the monthly premium.  The Employer’s percentage of the contribution is for employee coverage only.  The part-time employee’s share of the insurance premium will be deducted from the employee’s bi-weekly pay.  The Employer’s contribution will cease if the employee is not available for work for any reason; or if the employee is discharged, retires and/or resigns.

 

 

                                                                    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

 

 

SECTION 3

 

(a)     Effective May 1, 2009, the Employer agrees to contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred to as the “Plan”) $5.25 per shift for each employee covered by this Agreement.

 

Effective May 1, 2010, the Employer agrees to contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred to as the “Plan”) $5.50 per shift for each employee covered by this Agreement.

 

Effective May 1, 2011, the Employer agrees to contribute to the ITU Negotiated Pension Plan (hereinafter sometimes referred to as the “Plan”) $6.00 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 Code.

 

                                                                                           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 sixty (60) calendar days at full pay, plus thirty (30) calendar days at half (1/2) pay, per twelve (12) month period.  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 before May 1, 2009.  There shall be a twelve (12) month waiting period for eligibility for the benefits provided in this section for full-time employees hired on and after May 1, 2009.

 

Any approved medical/disability leave of absence will be applied toward the employee’s twelve (12) week entitlement under the terms and provisions of the Family and Medical Leave Act, if applicable.

 

 

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 $3.00 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.  Full-time employees with sixteen (16) years of service or more shall be entitled to a third (3^rd) floating holiday.  The floating holiday is to be selected by the full-time employee with the approval of the employee’s supervisor.  Full-time employees hired on and after May 1, 2009 shall not be entitled to floating holidays until they have completed one (1) year of continuous full time service. 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.

 

Any compensated leave of absence in a calendar year totaling one-hundred and twenty (120) days or more, but less than one-hundred and eighty (180) days, shall reduce vacation benefits by one-third (1/3); leaves of one-hundred eighty (180) days or more shall reduce vacation benefits by two-thirds (2/3).

 

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.  Vacation time must be taken in full day or half-day increments.

 

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 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.

 

SECTION 2

 

Sick days shall not be carried over from calendar year to calendar year.  However, if, as of December 31, an employee has unused sick days, the Employer shall compensate the employee in the amount of $25.00 for each unused sick day.  This payment shall be made during the first two (2) weeks of the following 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 Service s 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. 

 

 

SECTION  7: SENIORITY

 

Seniority shall be broken by the following:

 

1. Discharge, resignation, or retirement.
2. Absence from work due to a layoff for twelve (12) months.
3. Failure to report back to work within ten (10) working days when recalled after a layoff, unless the employee provides a satisfactory reason.
4. Absence from work for non-work related injury or illness for twelve (12) months.
5. Failure to report to work on the first work day following an authorized leave of absence, unless the employee provides a satisfactory reason.

 

 

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

 

The Employer may hire part-time employees.  The number of part-time employees shall not exceed more than fifty percent (50%) of the number of full-time employees.  In determining the number of employees subject to the fifty percent (50%) limitation, the number of part-time employees shall be rounded to the nearest whole percent, i.e., fifty percent (50%) of sixteen (16) full-time employees equals 8, therefore, the employer would be entitled to eight (8) part-time employees; fifty percent (50%) of seventeen (17) full-time employees equals 8.5, therefore, the Employer would be entitled to nine (9) part-time employees.

 

 

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:

 

2009                        2010                        2011                       

2.65%                     2.60%                     2.50%                    

 

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 following rates:  Effective May 1, 2009, the rate shall be .34 (thirty-four) cents per mile.  Effective May 1, 2010, the rate shall be .37 (thirty-seven) cents per mile.   Effective May 1, 2011, the rate shall be .40 (forty) cents per mile.

 

 SECTION 3

 

The option of the Employer to provide company vehicles at any time for company business is confirmed.