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The award of the arbitrator shall be given to both parties in writing within thirty 30 days after oral arguments or submission of post-hearing briefs, whichever is the later.
All time limits throughout this Article may be extended by mutual agreement between the Union and the Employer. Employees shall have the right, but must request, that a union representative or representatives be present at any discussion with the Employer which affects the relations of the employee and the Employer. An employee shall be given reasonable advance notice when such discussion is scheduled and the employee shall be informed of the nature of the complaint against him or her.
If a request for Union representation is made, the discussion shall not proceed until the Union representative or representatives is given a reasonable opportunity to be present. The Union agrees to attempt to resolve a dispute before filing a grievance through discussion with the appropriate Human Resources Department representative.
All employees covered by this contract who are members of the Guild on the effective date of this contract or who become members shall, as a condition of employment, maintain their membership for the duration of this agreement, except as provided below. Except in the departments specified in Section 3 below, not less than fifteen 15 of every twenty 20 full-time employees hired after the date of this contract shall, as a condition of employment, as soon after their date of hire as legally permissible 30 days , become and remain members of the Guild for the duration of this agreement.
The foregoing shall also apply to part-time employees in the circulation department. In the application of Section 7 below, separate fifteen out of twenty lists shall be used for full-time and part-time employees, but no employee shall be subject to the fifteen out of twenty selection process more than once. Sections 1 and 2 of this Article shall not apply to the national advertising, retail advertising, interactive, and classified outside sales departments.
All employees in Pre-Publishing positions shall be required to join or pay appropriate fees to the Guild and may not exercise drop-out rights under Section 9 below as long as they remain in the Pre-Publishing Department.
The Guild shall indemnify and hold the Employer harmless from and against any or all claims, demands, costs, fees, judgments and any other charges or liabilities of any kind which may arise out of the enforcement by the Employer of the provisions of this Article for the maintenance of membership or for compulsory membership in the Guild as a condition of employment for any employee or employees. An employee dismissed for failure to comply with this Article shall not be entitled to dismissal pay provided for in Article IX, Severance Pay, of this agreement.
Each employee hired will be given a copy of the Union security provisions of this contract at the time of hire. It may not be applied by departments or by classifications. It applies to hirings transfers in units of twenty The exempted employees may be the first hired in that unit of twenty 20 , the twentieth hired in that unit of twenty 20 , or any intermediate hirings in that unit of twenty Except as described in Section 4 above, all members of the Guild, present and future, shall be free — without jeopardizing their continuing employment — to terminate their membership by sending notice of termination to the Employer and the Guild by certified mail postmarked in the periods September 15 through September 30 of each year, such termination to be effective on the last day of that month.
This section, as part of the entire contract, shall serve as notice to employees. No other notice will be given or posted. The Employer agrees that it will not solicit termination of membership.
However, upon ratification of this labor agreement, Section 9 of this Article, which had been suspended under Memorandum of Agreement No. Employees who are demoted in lieu of discharge may elect to resign and receive severance. If an employee elects to resign, the demotion is still subject to the grievance procedures outlined in Article V, Grievance Procedure. For all employees discharged, reason for discharge will be made in writing to the employee and to the designated executive officer of the Guild.
There shall be no discrimination because of membership in the Guild. Neither shall such membership affect promotion or merit raise consideration.
Dismissals to reduce the force, as distinguished from dismissals for just and sufficient cause, may be made in accordance with the following:. In such a case, the Employer must have made the employee aware in writing of the deficiencies and given the employee sufficient time to correct the deficiencies, or, if appropriate offered the employee sufficient training and opportunities to develop necessary skills.
Where there are such differences, the Employer may retain the less senior employee. The Employer shall also notify each employee projected to be dismissed and post notice in each department projected to be affected. The number of full-time employees to be dismissed shall be reduced by the number of resignations and retirements. After six 6 months, in future reductions the Employer may elect to accept volunteers from all sub-departments but is not required to do so. A full-time employee scheduled to be dismissed may elect within seven 7 days after notification of scheduled dismissal to bump into another job title and department or sub-department in Advertising in which the employee has worked during continuous full-time employment as follows:.
The employee determined to be junior in the current position will be scheduled to be dismissed. One seniority list will be maintained for full-time employees dismissed to reduce the force. A separate list will be maintained for part-time employees dismissed to reduce the force. Discontinuance of a work schedule for a single individual part-time employee shall not be construed as a dismissal to reduce the force.
The Employer shall attempt to slot such part-time employee into another work schedule. All dismissals to reduce the force affect first the employee with the least amount of seniority, and the last employee so dismissed will be the first eligible for rehire. Employees on the rehiring list, when notified of vacancy availability, must accept or reject this offer within seven 7 days, unless extended by mutual agreement. A copy of the rehiring list shall be provided the Guild.
New employees shall not be hired until the rehiring list has been exhausted. Notice sent by certified mail to a person on the rehiring list at the last address known to the Employer shall be deemed sufficient; a copy of such notice shall be sent to the Guild by ordinary mail.
If the employee elects not to repay severance pay, he or she shall retain all benefits of this Agreement, except past severance credits. His or her severance credits will commence on the day of rehire. His or her pension credits will not accrue during the period of dismissal to reduce the force, but upon rehire his or her prior pension credits will be restored and pension credits will recommence on the day of rehire.
Seniority for part-time employees means length of continuous employment. Employment shall be deemed continuous unless interrupted by 1 dismissal for just and sufficient cause; or 2 resignation; or 3 refusal to accept an offer to rehire made according to the procedure given in paragraph.
The parties shall immediately enter into negotiations for a mutual agreement covering procedures for the introduction of such new or modified equipment, machines, apparatus or processes. Any employee who is displaced shall be retrained for available positions in other classifications or departments, and continued in the employ of the Employer at no reduction in salary or impairment of benefits. In such cases, accrued severance pay will be paid to full-time employees.
Such election may be made at any time prior to or during the retraining period specified above. The Employer shall notify the Union of the terms of any such offers made to the employee. In any buyout initiated by the Employer, the Employer shall offer as one option an amount at least equal to the value of any severance earned by each employee who accepts the buyout offer and voluntarily resigns.
When an employee initiates such an offer, the buyout amount may be any sum agreeable to the employee and the Employer. In such an employee-initiated buyout, the Employer shall notify the Union of the terms. However, as provided in Memorandum of Agreement No. Severance pay is to be computed at the highest weekly rate of pay received by the employee in the previous year.
Such option shall be selected no later than thirty 30 days following separation. In no event shall any combination of the two payments exceed the week maximum.
Severance pay shall not be paid in the cases of proven misuse of Employer funds, or in the case of deliberate self-provoked discharge for the proven purpose of collecting the severance pay.
In the case where an employee separates from employment because of death while employed full-time, a severance benefit shall be paid as defined in Section 1 for involuntary layoffs to a maximum of twenty-six 26 weeks. The amount shall be paid in cash in a single lump sum to his or her beneficiary. Any designation of the beneficiary may be changed from time-to-time by the employee by giving written notice to the Employer.
In that event the amount credited against the back pay award equated in time, e. The Employer and the Union shall form a Joint Office Ergonomics Committee, to be comprised of the Human Resources manager in charge of safety, the occupational health nurse and two Union representatives as regular members. The Employer shall provide alternative chairs, task lighting, wrist rests, arm rests and adjustable or alternative desks as recommended by the committee.
Employees who regularly operate computer equipment are entitled to a fifteen-minute break during both the first and second parts of their shift and a five-minute stretch break in their immediate work area after one hour of continuous assignment to computer operation, in addition to their allocated lunch period.
The parties agree that the Employer may provide enhanced retirement offers using pension fund surpluses. The Employer will continue to contribute future amounts, if necessary, to maintain funding of the Plan as required by federal law and regulations, based on actuarial recommendations.
The Union will continue to negotiate monthly benefit amounts with the Employer in subsequent collective bargaining agreements. Future benefit increases will not be precluded by the freeze of the Plan as provided in Section 2 and may be negotiated, depending on funding and mutual agreement by the Employer. The Employer agrees that it will provide any actuarial information required by the Guild International Plan to evaluate the possibility of merger.
Any decision to merge the two plans will require the mutual agreement of the Employer, the Guild and the Guild International Plan. After they have become eligible to be Participants, contributions will be made monthly in subsequent years, except for calendar year , where contributions for eligible Participants will be made in a single payment no later than February, The contribution will be pro-rated based on hours worked, and the rate of contribution will be based on the rate in effect at the time for full-time employees.
No contributions will be made for part-time employees who have not yet worked one thousand 1, hours in a year. The Employer and the Guild have agreed to continue their efforts to make it possible and practical for employees to retire at their normal retirement date established in the pension agreement. Employees should give ample thought and preparation in planning for their retirement to ensure a smooth transition from employment to retirement.
Under the pension plan, it is anticipated that employees will retire by their normal retirement date. If employees decide to work past the normal retirement date, they are encouraged to organize their assets at the earliest possible date in order to take full advantage of the pension agreement. The Employer shall offer a k plan to all employees covered by this contract.
An employee transferred to another job classification or department against his or her wishes shall have the right to appeal under the grievance procedure of this contract. If an employee refuses a job transfer at the time it is offered and resigns, he or she shall receive severance pay. The Guild will be notified of such vacancies. In cases of five 5 day notification, the date the opening must be filled shall be specified. All vacancy notices shall be posted by 10 a.
Upon request, the Employer shall provide a written explanation to the employee of why an applicant is denied promotion or transfer. Said list shall contain the job title, date of posting and date filled or otherwise removed by the Employer, if applicable. After the posting of the date the position was filled, or otherwise removed from consideration by the Employer, the vacancy may be removed from future monthly listings. Should the Employer, except by mutual agreement with the Union, fail to comply with the vacancy posting provisions of this Article, it shall cancel its previous actions in filling the vacancy and proceed following the method provided therein.
Anytime during the trial period, the Employer may confirm or not confirm the employee in the new position, but shall confirm or not confirm the employee at least at the conclusion of the trial period. Transfer requests shall be kept on file by the department head. When an opening occurs in the position requested, the employee shall be given first consideration. If more than one employee requests the same transfer, consideration shall be made in seniority order.
Such transfers shall not be denied without legitimate business reasons. Upon application, part-time employees shall be given first consideration for full-time positions in their job title and department. The Employer is entitled at its sole discretion to select employees for all vacancies from among qualified applicants for such job openings. If the Employer determines that two or more applicants—whether present employees or not— are virtually equal in all other respects considering ability to perform the work, previous experience, references, education and training, quantity and quality of work, attendance and other performance records, dependability, and other reasonable criteria , the employee with the greatest Employer seniority shall be appointed to fill the bargaining unit vacancy, unless affirmative action considerations conflict.
The Employer must inform the Guild prior to eliminating any home delivery district. District managers in the home delivery department and single copy sales representatives in the single copy sales department shall be notified of any vacancy in these classifications and shall be given first opportunity to transfer to such districts subject to the following:.
Such requests on file shall receive first consideration when openings arise. The transfer shall be accomplished by mutual agreement between the head of the department into which the employee would transfer and the applicant.
If request for transfer is denied, the employee may request reasons in writing. After the bidding session is held as prescribed in subsection c , the Employer may assign the new district manager, accept a request for transfer, or ask for volunteers for the vacant district or subsequent vacancies.
Any district manager who accepts this offer shall remain on that district for at least 26 weeks. After 26 weeks, the district manager may exercise his or her seniority to bid on a new or vacant district. The Employer may assign no more than four district managers to fill vacancies under this section. After 12 months, the district manager may exercise his or her seniority to bid on a new or vacant district.
Thereafter, transferred employees shall be permitted to exercise their full-time seniority gained in the home delivery and single copy sales departments. New employees assigned to a district or single copy sales route shall not exercise their bidding rights until after they have completed one 1 year on their assigned district or single copy sales route.
If, during the trial period, the employee is found to be unsatisfactory, he or she shall be assigned to another district or job assignment by mutual agreement between the employee and the department head.
If the affected district manager had bid the district, the vacancy thus created will be reopened for bids in the manner detailed. Openings caused by such an agreement shall be filled using the bidding provisions of this Article.
The four 4 day or five 5 day, forty 40 hour week shall apply to all employees, except for employees in Circulation Call Center Customer Service Representatives and Associates and Warehouse Paperhandlers see Sections 10 and 11 of this Article. The regular scheduled work day for positions in Advertising, Marketing, Interactive, and Circulation Home Delivery shall consist of eight 8 hours falling within nine 9 consecutive hours, or employees may work a four 4 day, forty 40 hour week by mutual agreement.
In the case of a four 4 day work week, ten 10 hours shall fall within eleven 11 consecutive hours. The regular scheduled work day for all other positions excluding Call Center Customer Service Representatives and Associates and Warehouse Paperhandlers may vary from five 5 hours to ten 10 hours comprising a four 4 day or five 5 day forty 40 hour work week. The Employer shall compensate for overtime at the rate of time and one half in cash, except as noted in subsection a below.
Overtime shall be defined as work beyond ten 10 hours in the work day or forty 40 hours in a work week. The Employer will endeavor to evenly distribute overtime and rotate overtime so that no single employee is burdened with excessive amounts of overtime work except where operational and skill requirements do not permit.
The Guild may request this information as regards all covered employees, or as regards only a department or generally recognized sub-department only. The Guild agrees to request overtime records on all covered employees not more often than three 3 times within any calendar year, but may request overtime records of a department or generally recognized sub-department or individual as often as once per month. For shifts scheduled six 6 hours or less, the lunch break will occur after the end of the shift.
For electricians, machinists, and building maintenance mechanics who are scheduled on call during the thirty 30 -minute lunch period, that period will be paid. If they are not scheduled on call, the lunch period is not paid. District managers and single copy sales representatives in the circulation department may take their lunch break at a time consistent with their duties.
Employees called to work on their day off have the option of working 1 the lesser of eight 8 hours or the hours specified for the regular scheduled shift or 2 only the time required to complete the work. Should the employee choose not to work the hours specified in option 1 above, s he will receive at least four 4 hours of overtime pay for completion of the assignment. Employees called to work on their day off will be compensated for all time actually worked at time and one-half pay except as noted in this Article, Section 3 d above.
This shall not be in payment for any time actually worked. Work schedules shall be posted in each department by 3 p. Wednesdays for the next following week. Overtime shall be defined as all work beyond ten 10 hours in the work day or forty 40 hours in the work week.
The Employer may elect not to post weekly work schedules in those work groups which are normally scheduled for the same hours but to post the work schedule whenever there is a change in the normal schedule, including scheduled overtime, and inform all employees in the work group of the schedule change as soon as practical but no later than 3 p. Wednesday for the next following week. However, the Employer may adjust the schedule after it has been posted to avoid the payment of overtime.
Overtime will be paid, however, if any work exceeds ten 10 hours in a day or forty 40 hours in the work week. Consistent with the needs of the Employer, the Employer will attempt to give machinists, electricians and building maintenance mechanics fifteen 15 minute break periods before and after lunch for shifts longer than six 6 hours.
For shifts six 6 hours or less, there will be one fifteen 15 minute break. The parties recognize either one or both of these breaks will not always be practical; however, such breaks will not be arbitrarily denied. Consistent with the needs of the Employer, the Employer will attempt to give electricians, machinists and building maintenance mechanics adequate time at the end of their shifts for personal cleanup time.
The Employee is required to remain in the building until the scheduled end of the shift. In the production maintenance including electrical , paper, and building maintenance departments, an annual base schedule for full-time employees shall be posted for bid from December 1 to January 15 each year and shall begin on the first Sunday in March. The base schedule shall reflect starting times and days off by schedule slot, and shall indicate any special tasks or responsibilities associated with the slot.
Employees in those departments shall select schedule slots in company seniority order subject to the following conditions:. Major change in operational needs includes, but is not limited to, obtaining or losing a significant amount of commercial print work, a change in print schedules for current commercial work or core products, a change in staffing levels or the implementation of a new collective bargaining agreement if there are changes in the agreement that impact the production department.
This process shall continue until the employee next in seniority passes on the newly vacated slot. The employee hired to replace the terminating employee shall fill the slot left open when the one-bid succession is ended by the employee who declines to claim the available shift. The regular scheduled workweek for full-time employees in the warehouse paperhandlers may vary between thirty-five 35 and forty 40 hours.
The regular scheduled workday may vary from five 5 to ten 10 hours. The Employer may adjust the schedule after it has been posted to avoid the payment of overtime. The regular scheduled workday may vary from five 5 to ten 10 hours Monday through Friday, and four 4 hours on Saturday and Sunday. Overtime will be paid, however, if any work exceeds ten 10 hours in a day or forty 40 hours in the work week, except as limited in section 11 e below. This process shall continue until at least three 3 slots have been posted and bid, or until no employee requests the open slot.
The employee hired to replace the terminating employee shall be assigned the last slot thus vacated. Employees who work shifts starting between the hours of 6 a. An employee working more than four 4 hours in any one shift of eight 8 hours in a higher wage classification shall be paid at the rate of pay for the higher wage classification.
Time actually spent in transit by employees traveling within the normal workday to and from out-of-town assignments, shall be considered working time and shall be paid. Travel outside the normal workday will not be paid. On a recent autumn afternoon, Charlie Miller was walking around the Heritage Lakewood Belmar Park pointing out the various buildings that will soon host Camp Christmas. Latest News. Amid fallout from the Facebook Papers documents supporting claims that the social network has valued financial success over user safety, Facebook on Monday reported higher profit for the latest quarter.
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