LOCAL AGREEMENT

between the

SEATTLE POST-INTELLIGENCER

and

THE NEWSPAPER GUILD-CWA LOCAL 37082

 

PREAMBLE

THIS AGREEMENT is made effective as of July 21, 2006 between the Seattle Post-Intelligencer (a Division of The Hearst Corporation) herein known as the "Publisher," and the Newspaper Guild-Communications Workers of America Local 37082, a local chartered by The Newspaper Guild, herein known as the "Guild," for itself and on behalf of all the employees of the Publisher in the Editorial and Business Office, except (a) those who are members of or within the established jurisdiction of craft unions contemporan¬eously active in the plant of the Publisher and (b) Associate Publisher, Resident Controller, Executive Editor, Managing Editor, Editorial Page Editor, News Editors, Systems Editors, Sports Editors, General Accounting & Facilities Manager, Promotion Manager, Copy Desk Chiefs, Assigning Editors, Business Editor, Assistant Business Editor, Focus Editor, Assistant Managing Editors, Graphics and Design Editor, Photo Editor, Assistant Photo Editors, Reader Representative, Senior Editor, Associate Editor, Head Librarian, Assistant Sports Editor, Lifestyle Editors and confidential employees.

ARTICLE 1 - GUILD SHOP

(A) Not fewer than ninety percent (90%) of employees coming under the terms of this contract shall apply for membership in the Guild. In the event of failure to become a member no later than thirty (30) days from the start of his/her employment, the employee shall, upon formal notice from the Guild, be discharged. All Employees who are now, or who may become, members of the Guild, shall remain members during the life of this contract, and for failure to do so such employee, after having exhausted or abandoned his/her recourse under the Newspaper Guild constitution, and upon expulsion from the Guild, shall be discharged upon formal notice from the Guild.

(B) The Guild agrees that it will admit to membership and retain in membership any employee qualified according to the Consti¬tution of The Newspaper Guild and by-laws of the local Guild.

(C) The Publisher shall furnish to the Guild in writing the name, address, tele¬phone number, social security number, date of hiring or transfer, job title, job classification, job experience rating, and pay rate of persons hired or transferred into the Guild's jurisdiction after the effective date of this contract. These notifications shall be made monthly within ten (10) days after the end of each month. The Pub¬lisher also shall furnish to the Guild in writing within ten (10) days after the end of each month the name, job clas¬sification and wage thereof of any employee whose employ¬ment has been terminated by resignation or retirement along with the reason for the termination. The Publisher also agrees to provide to the Guild the individual pay of each Guild member two (2) times a year, once in February and once in August. The Guild agrees to treat such salary information as confidential. The information will not be distributed to anyone other than P-I members of Guild governing bodies on a need-to-know basis. The Publisher also agrees to provide in writing each month to the Guild: A recap of hires and terminations; any change in employees’ pay related to the salary schedule; total hours worked by each part-timer for the month; a list of Guild dues deducted by employee for each pay period and a summary by employee for the entire reporting period (same as P-I financial month).

(D) Any employee who is discharged under the provisions of paragraph (A) shall receive no dismissal pay.

(E) Discharges under this section shall not be subject to review and arbitration under Article 10.

(F) The provisions of this section shall be effective and oper¬ative only if, when, and to the extent that current law permits, and unlawful provisions thereof are inoperative and not in effect. In the event that part or all of this section is or becomes legally inoperative, the remainder of this contract shall not be affected thereby and shall remain in full force and effect.

(G) The Guild will indemnify and hold harmless the Publisher against any claim or obligation which may be made by any person by reason of the obligations or operation of this Article or Article 13.

(H) A non-member under paragraph (A), once so designated, shall remain a non-member for the life of the contract or until he/she elects agency fee payor or membership status.

ARTICLE 2 - JURISDICTION

It is agreed that the Guild has, and shall retain, jurisdiction over all work presently being performed by Guild members in the Edi¬torial, and Business Office, except for those jobs specifically excluded under the Preamble of this agreement. It is further agreed that new or additional work of the same type presently being per¬formed by Guild members in the Editorial and Business Office shall be under the jurisdiction of the Guild.

ARTICLE 3 - REDUCTION IN FORCE

(A) Discharges may be either (1) for good and sufficient cause, or (2) to reduce the force. The term "to reduce the force" as used herein shall be construed as synonymous with discharges for economy. In any case where the Publisher contemplates the discharge of any employee with three (3) months of continuous and uninterrupted service, such employees shall be given two (2) weeks' notice (or two (2) weeks' pay in lieu thereof) with copy to Guild so that the Grievance Committee may consult with the Publisher on the case; provided, however, that in the event of discharge for gross misconduct, in the event of self provoked discharge or in the case of an employee with less than six (6) months of continuous and uninterrupted service, the employee may be terminated immediately without notice. Employees with less than six calendar months of continuous and uninterrupted service shall not have access to the Adjustment of Disputes Procedure.

(B) Discharges for reasons other than to reduce the force shall be subject to review and arbitration as provided in Article 10 of this contract, and, in the event that the arbitrator orders reinstatement, in cases either of discharge for cause or to reduce the force, the dismissed employee shall be reinstated to his/her position with service record unimpaired and with whatever back pay may be necessary to make whole the employee for any net loss of pay for the period from date of discharge to date of reinstatement. The amount of back pay, if any, shall be further reduced by the amount of unemployment insur¬ance benefits received and retained by such employee. This section shall not be construed in any manner which provides dismissal pay in addition to compensation. Upon reinstatement of a dismissed employee, such employee shall repay his/her net dismissal pay over a period of time of at least ninety (90) days but not to exceed the number of days between the employee's dismissal and reinstatement.

(C) The prerogative of the Publisher to determine the size of the staff shall be maintained and shall not be subject to grievance or arbitration. At least four (4) weeks in advance of the effective date of discharges to reduce the force, the Publisher will notify the Guild so that, if requested by the Guild, there may be consultation for the purpose of considering possible means by which the hardship of such dis¬charges may be alleviated. The Publisher may accept voluntary resignations from employees in job classifications scheduled for reduction and in related job classifications.

(D) The Publisher agrees that the principle of seniority (total service with the Publisher) shall be the governing factor in any reduction in the work force. Seniority shall determine the employee, or employees within a job classifi¬cation to be discharged in a reduction of force for economy reasons, unless there are significant differences in qualifications for the particular function or special abilities demonstrably not available from the more senior employee. Where there are such differences, the Publisher may retain the less senior employee. Wherever the Guild disputes the Publisher’s application of this paragraph, the Guild shall have the right to invoke the grievance and arbitration machinery of Article 10. In a reduction in force, a Guild covered employee may not be displaced by a non-Guild covered employee, provided that in any arbitration in which the application of this paragraph is in issue, the Guild-CWA shall have the burden of proving causation.

(E) (1) When an employee is designated for discharge to reduce the force, the employee so affected may elect to return to a department and job classification in which the employee has worked on a regular full-time basis for the Publisher, provided such service was within thirty-six (36) months preceding the reduction in force. Such election must be made within seven (7) calendar days from receipt of notice of lay¬off. He/she will be credited for such service spent in the higher job classification if related.

(2) An employee designated for reduction in force who elects to bump into a previously held job will displace the employee with the least total service with the Publisher in that job classification. An employee may not displace this employee by bumping unless he/she has more years of total Guild service than the employee he/she is displacing. An employee who is displaced as the result of another employee's elec¬tion to return to a previously held job shall have the same election rights as the employee who displaced him/her.

(F) There shall be no discharges solely because of the signing of this contract or because of modifications in the event of annual reopening.

(G) Upon notice of discharge, an employee making written request within eighty-four (84) working hours shall receive in writing from the Publisher or his representatives a statement of the cause of his/her discharge.

(H) When the Publisher makes discharges other than for cause such discharged persons shall be placed upon a rehiring list, in order of seniority. For the period of twenty-four (24) months no person—other than for positions excluded from this contract—shall be hired by the Publisher except from the rehiring list pursuant to paragraph D of this article, unless such list is exhausted with respect to the job classifica¬tion for which an additional employee is desired.

(I) If the Publisher needs someone with special qualifications not possessed, in the opinion of the Publisher, by any person on the rehiring list, he may go outside the list, with notification to the Guild. Disputes, if any, on this point are to be adjudicated by arbitration, as provided in Article 10.

(J) The Publisher shall supply to the Guild the names of those persons who are placed on the rehiring list, with the date of their discharge, and the Publisher shall notify the Guild when persons are hired from such list.

(K) New Equipment. The Publisher and the Guild agree that every reasonable effort shall be made to reduce the impact upon employment due to new equipment or technological changes and improve¬ments. The Publisher agrees to notify the Guild ninety (90) days prior to the date such new equipment or technological changes are scheduled for installation and upon the request of the Guild agrees to meet for consultation for the purpose of considering retraining and other measures to provide the minimum adverse effect upon employment opportunities which are consistent with the efficient operation of the affected department. Failing to reach agreement within forty-five (45) days after notice has been served, the differences may immediately thereafter be moved to arbitration, by written notice of either party, under the procedure set forth in Article 10. Nothing in this section shall restrict or impair the right of the Publisher to install such equipment or technological changes.

In the event of the introduction of new equipment or new technology, the Publisher will provide adequate training over a reasonable period of time to give employees the opportunity to become pro¬ficient in the operation of the new equipment or technology.

ARTICLE 4 - NORMAL WORK

(A) There shall be no imposition of unreasonable duties upon any employee, constituting in fact a speedup. It is mutually agreed that the Publisher is entitled to service for the full unit of hours as prescribed in the contract constituting a day's or night's or week's work.

ARTICLE 5 - NO DISCRIMINATION

(A) There shall be no discrimination against any employee because of his/her membership or activity in the Guild.

(B) The Publisher will, in personnel policies and practices, continue to abide by the principle of nondiscrimination as embodied in the Washington State Law Against Discrimination as contained in Section 49.60-180, Revised Code of Washington, as amended by Chapter 100, Laws of 1961.

(C) The Publisher shall continue his policy of actively recruiting, hiring and promoting of women and members of minority groups.

(D) There will be no discrimination against any employee because of his/her sexual orientation.

ARTICLE 6 - DISMISSAL PAY

(A) When an employee is discharged, he/she shall receive a cash dismissal payment in a lump sum in accordance with the following schedule for years of continuous and uninterrupted employment:

Weeks

Three years and less than three and one-half years . . . . . . . .7
Three and one-half years and less than four years . . . . . . . . .8

Four years and less than four and one-half years . . . . . . . . . .9
Four and one-half years and less than five years . . . . . . . . . 10

Five years and less than five and one-half years . . . . . . . . . 11
Five and one-half years and less than six years. . . . . . . . . . 12

Six years and less than six and one-half years . . . . . . . . . . 13
Six and one-half years and less than seven years . . . . . . . . . 14

Seven years and less than seven and one-half years . . . . . . . . 15
Seven and one-half years and less than eight years . . . . . . . . 16

Eight years and less than eight and one-half years . . . . . . . . 17
Eight and one-half years and less than nine years. . . . . . . . . 18

Nine years and less than nine and one-half years . . . . . . . . . 19
Nine and one-half years and less than ten years. . . . . . . . . . 20

Ten years and less than ten and one-half years . . . . . . . . . . 21
Ten and one-half years and less than eleven years. . . . . . . . . 22

Eleven years and less than eleven and one-half years . . . . . . . 23
Eleven and one-half years and less than twelve years . . . . . . . 24

Twelve years and less than twelve and one-half years . . . . . . . 25
Twelve and one-half years and less than thirteen years . . . . . . 26

Thirteen years and less than thirteen and one-half years . . . . . 27
Thirteen and one-half years and less than fourteen years . . . . . 28

Fourteen years and less than fourteen and one-half years . . . . . 29
Fourteen and one-half years and less than fifteen years. . . . . . 30

Fifteen years and less than fifteen and one-half years . . . . . . 31
Fifteen and one-half years and less than sixteen years . . . . . . 32

Sixteen years and less than sixteen and one-half years . . . . . . 33
Sixteen and one-half years and less than seventeen years . . . . . 34

Seventeen years and less than seventeen and one-half years . . . . 35
Seventeen and one-half years and less than eighteen years. . . . . 36

Eighteen years and less than eighteen and one-half years . . . . . 37
Eighteen and one-half years and less than nineteen years . . . . . 38

Nineteen years and less than nineteen and one-half years . . . . . 39
Nineteen and one-half years and less than twenty years . . . . . . 40

Twenty years and less than twenty and one-half years . . . . . . . 41
Twenty and one-half years and less than twenty-one years . . . . . 42

Twenty-one years and less than twenty-one and one-half years . . . 43
Twenty-one and one-half years and less than twenty-two years . . . 44

Twenty-two years and less than twenty-two and one-half years . . . 45
Twenty-two and one-half years and less than twenty-three years . . 46

Twenty-three years and less than twenty-three and one-half years . 47
Twenty-three and one-half years and less than twenty-four years. . 48

Twenty-four years and less than twenty-four and one-half years . . 49
Twenty-four and one-half years and less than twenty-five years . . 50

Twenty-five years and less than twenty-five and one-half years . . 51
Twenty-five and one-half years and less than twenty-six years. . . 52

Twenty-six years and less than twenty-six and one-half years . . . 53
Twenty-six and one-half years and less than twenty-seven years . . 54

Twenty-seven years and less than twenty-seven and one-half years . 55
Twenty-seven and one-half years and less than twenty-eight years . 56

Twenty-eight years and less than twenty-eight and one-half years . 57
Twenty-eight and one-half years and less than twenty-nine years . 58

Twenty-nine years and less than twenty-nine and one-half years . . 59
Twenty-nine and one-half years and less than thirty years. . . . . 60

Thirty years and less than thirty and one-half years . . . . . . . 61
Thirty and one-half years and over . . . . . . . . . . . . . . . . 62

(B) From the dismissal pay the Publisher shall deduct any levy or tax to which the employee is subject under local, state or federal legislation.

(C) Dismissal pay shall be computed at the regular weekly salary (exclusive of overtime, bonuses, shift differential pay, and payments for special work) for the last full week of employment prior to discharge. The years of continuous and uninter¬rupted employment provided herein shall mean the total consecutive and uninterrupted years of service with any Hearst newspaper, pro¬vided dismissal pay has not previously been paid, and provided that breaks in service on the Seattle Post-Intelligencer and breaks in service of not more than six (6) months with any Hearst newspaper, when occasioned by a discharge for reasons for which the employee was not responsible, shall not be regarded as an interruption in service.

(D) In the event of the death of any employee with six (6) or more months of service, the Publisher agrees that the beneficiaries of the deceased, designated by the employee in writing in advance, shall be paid a sum equivalent to that which the deceased would have been paid had he/she been discharged under the terms of this con¬tract, but in no event less than one thousand dollars ($1,000.00) less the legal costs or expenses caused the Publish¬er in making said pay¬ments. In no event shall the amount exceed forty five thousand dollars ($45,000).

Service for death benefits will be bridged in the same manner as provided for in the Seattle Post-Intelligencer Newspaper Guild Retirement Plan.

(E) Dismissal pay need not apply to any employee discharged for gross misconduct, dishonesty or in the case of self-provoked discharge for the purpose of collecting dismissal pay nor in the event of temporary layoff for reasons outside the Publisher's control such as disruptions of opera¬tion by fire, flood and similar occurrences.

(F) The Publisher shall notify the Guild in writing in the event of the death of any employee and shall provide the Guild with the name or names of such beneficiaries as named by the deceased.

ARTICLE 7 - OVERTIME

(A) Overtime as specified elsewhere in this contract, shall be paid for in cash or check at the rate of time and one-half unless otherwise agreed upon.

ARTICLE 8 - SICK LEAVE

(A) The past policy of granting sick leave or disability leave with pay shall be continued. For the period the sick or disabled employee is continued on the payroll, the Publisher may deduct the amount received by an employee under local, state or federal legisla¬tion in lieu of earnings. The Guild will work with the Publisher to prevent unwarranted and/or excessive use of sick pay benefits. On the fifth (5th) occurrence of sick leave in a calendar year the Pub¬lisher will review the employee's sick leave record for pattern of days off and long term usage. The Publisher may place the employee on a six (6) month evaluation period during which he/she shall not receive sick leave pay for the first four (4) days of illness. Upon correction of excessive use, the employee will be returned to the Publisher's regular policy and procedures. This provision does not limit the Publisher’s right to discontinue sick leave. This article will apply to an employee’s use of sick leave to care for a sick child.

(B) It is a prerogative of the Publisher to require at time of employment a certificate of good health by a doctor or doctors desig¬nated by the Publisher, and the employees claiming benefits under this section shall, upon request, submit to an examination by such doctor or doctors.

(C) No deductions for sick leave shall be made from overtime or Paid Time Off credited or to be credited to the employee.

ARTICLE 9 - HEARST CHAIN TRANSFERS

(A) No employee shall be transferred by the Publisher to another Hearst unit without the employee's consent and payment of transportation expenses and a sum mutually agreeable to cover other moving expenses of himself/herself and family. Salary shall be negotiated between the employee and the new Hearst unit. There shall be no impairment of accrued vacation as a result of such transfer, unless the employee negotiates otherwise with the new Hearst unit. This section shall not apply to persons working under personal service contracts with the Publisher which provide for such transfer.

ARTICLE 10 - ADJUSTMENT OF DISPUTES

(A) A Grievance Committee, designated by the Guild, shall be established to settle amicably with a committee appointed by the Publisher, all grievances arising under this contract.

(B) A grievance shall be submitted only by a written notice from the complaining party to the other party briefly setting forth the facts giving rise to the grievance, the ground of complaint and the action sought. Failure to submit an initial grievance within thirty (30) calendar days of the facts of the incident becoming known shall render the grievance null and void and further pursuit of the adjustment of disputes provision shall be barred.

(C) A grievance raised under (A) of this section, and not settled within thirty (30) calendar days after receipt of the written notice hereinbefore described (this time may be extended by mutual agreement) may be submitted to arbitration, in accordance with the procedures hereinafter set forth, upon written notice of either party served upon the other party. By mutual agreement, any properly submitted grievance may be moved to arbitration at any time within the aforesaid thirty (30) calendar days.

(1) The Publisher and the Guild shall jointly request from the American Arbitration Association a panel of eleven (11) arbitrators from the Washington and Oregon geographic region. Selection of an arbitrator shall be made in accordance with the rules and procedures of the American Arbitration Association (AAA). Nothing herein shall be construed as authorizing the AAA to select an arbitrator without the mutual agreement of the Publisher and the Guild.

(2) The arbitrator shall follow rules of procedure agreed to by the parties, but in the absence of the agreement thereon, the rules of the voluntary labor arbitration tribunal of the AAA shall govern.

(3) Notwithstanding any AAA rules, in any case where either party contests the arbitrability of the grievance, the arbitrator shall hold a separate proceeding and rule on that issue prior to hearing the matter on the merits.

Absent agreement of the parties, the issue of arbitrability shall be ruled on within ten (10) business days of the arbitrability hearing.

(4) Expenses of arbitration which are jointly incurred shall be shared equally by the parties, except that neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to agree to share the cost of such stenographic record shall be deemed a waiver of such party's right of access to the record.

(5) The award of the arbitrator shall be final and binding.

(D) Renewal of this contract shall not be an arbitrable matter and is not subject to this article. Matters specifically exempted from arbitration elsewhere in this contract including performance appraisal programs shall not be subject to this article.

(E) Expedited Arbitration Procedures for Discharge. In any grievance contesting a discharge for cause, the parties may, by mutual agreement, refer the grievance to an expedited arbitration procedure within five (5) working days of the parties’ agreement to arbitrate contained in paragraph (C), above. The parties shall endeavor to establish a list of eleven (11) arbitrators from Washington and/or Oregon to serve as a permanent panel for the duration of this Agreement and who will agree to be available for a hearing within ten (10) working days notice. In the event the parties are unable to agree to a panel of arbitrators, the arbitrator shall be selected pursuant to paragraph (C)(1) herein provided the arbitrator so selected will be available for a hearing within ten (10) days of his/her selection. The arbitrator is required to render his/her written opinion containing an explanation of his/her decision within ten (10) working days following the close of the hearing.

ARTICLE 11 - LEAVES OF ABSENCE

(A) By arrangement with the Publisher, employees may be granted leaves of absence.

(B) Employees shall be granted leaves of absence upon request as provided hereinafter in this paragraph (B). Employees returning from such leaves shall be reinstated in the same or comparable posi¬tion upon termination of such leave, at no less than the salary they would have received in such position if the leave had not been taken. Request for leave shall be submitted at least thirty (30) days in advance but may be accepted with less notice. No leave shall be granted to accept employment with competing medium. Except for (B), (1) below leaves for the sole purpose of trying out new jobs require advance approval of the publisher.

(1) In the event an employee is elected or appointed to any office of The Newspaper Guild, or office of a local of The News¬paper Guild, such employee shall be given a leave or leaves of absence should he/she request such leave. The number of employees on leave under this paragraph shall be limited to two (2) at any one time, one of which shall be of short duration except by mutual con¬sent. No more than three (3) employees shall be given leaves of absence to be delegates or participate in Guild activities, national and/or local. Right to reinstatement shall terminate in the event that the employee on leave engages in gainful employment other than that for which leave was granted.

(2) After five (5) continuous years in the employ of the Publisher, an employee shall be given at his/her request, a leave of absence not to exceed six (6) months, (such time may be extended by mutual agreement), which may at the employee's option be taken in two (2) periods. Such leave must be taken in the five-year period imme¬diately following the end of the employee’s first five (5) years of continuous service and may not be carried over into any subsequent period; provided, that request for a leave of less than six (6) months shall not exhaust the employee’s right to further leave in the same five-year period for the balance of the six (6) months' maxi¬mum. After each additional five (5) years of continuous employment (computed from the expiration of the preceding five (5) years) an employee is entitled to a similar six (6) months' leave, subject to the same conditions; provided at least six (6) months shall elapse between any leave taken under one (1) five-year period and any subse¬quent leave taken under any subsequent five-year (5) period. The number of employees to be on leave at any one time shall be subject to mutual agreement between the Publisher and the Guild. Leaves of absence within this paragraph (B) (2) shall not be taken within ninety (90) days after the expiration of any other leave of absence. This limitation shall not apply to sick leave, bereavement leave or jury duty.

(3) Regardless of the number of years of continuous ser¬vice, an employee may also be granted an unpaid leave of absence if that employee wins or is the recipient of a job-industry related fel¬lowship or study grant. Such leave shall be for the period of the fellowship or grant but not to exceed one year, unless approved by the Publisher.

Employees shall request the leave prior to application for the fellowship or grant and the Publisher shall notify the employee immediately as to whether the request is approved or denied. It is understood that the Publisher shall deny such request for leave only when special circumstances or special needs warrant such denial.

(4) Maternity or paternity leave of six (6) months shall be granted to an employee. An employee shall be entitled to take an unpaid leave of absence for childbirth or adoption for a reasonable length of time and there¬after return to her/his job. If both spouses are employed by the Publisher, they are entitled to a combined total of six (6) months of parental leave under this paragraph. An expecting mother shall not be required to leave work at the expiration of any arbitrary time period during pregnancy but shall be allowed to work as long as she is capable of performing the essential duties of her job. She shall notify the Publisher of her intention to take leave and the approximate time she expects to return to work, and within 30 days after childbirth shall inform the Publisher of the specific day she will return to work.

For the period of her disability she shall receive whatever paid sick leave accrued to her under the sick leave provisions of this contract or the company's sick leave policy.

(C) Leaves of absence granted under this section shall not con¬stitute breaks in continuity of service, but shall not be paid for, nor be construed as service time for purposes of computing dismissal pay or for any other purpose.

ARTICLE 12 - MILITARY SERVICE

(A) Any employee who enters the Armed Forces of the United States will benefit from the full protection of the Uniform Services Employment and Reemployment Act.

(B) Military bonus and Vacation Pay. At the time of beginning his/her military leave the employee, provided he/she has completed not less than six (6) months' continuous employment with the Publisher, shall receive four (4) weeks' military leave pay and pro rata vacation pay in addition to any compensation due.

(C) Benefits for Ready Reservists. At the time of begin¬ning his/her initial period of active duty for training, the employee shall receive one (1) week's pay and pro rata vacation pay in addi¬tion to any compensation due.

(D) Other Leaves. Leaves of absence not specifically set forth herein may be granted in accordance with the provisions of Article 11 of this agreement.

 

ARTICLE 13 - DUES CHECKOFF

(A) Upon an employee's voluntary written assignment, the Publisher shall deduct from the salary account of such employee and pay to the Guild on the fifteenth (15th) day of each month, but in no event later than the twentieth (20th), all membership dues levied by the Guild for the previous month. Such membership dues shall be deducted from the employee's salary. An employee's voluntary written assignment shall remain effective in accordance with the terms of such assign¬ment. All such deductions shall be made in conformity with local, state or federal legislation. The Publisher's responsibility is limited to deducting membership dues from the employee's salary in accordance with the percent of pay furnished the Publisher by the Guild. Any change in such percent shall be furnished the Publisher by the Guild not less than one month prior to the effective date of the change. Such assignment shall be made upon the following form:

TO: Seattle Post Intelligencer:

I hereby assign to the Pacific Northwest Newspaper Guild, from any salary earned by me as your employee, an amount equal to all membership dues lawfully levied against me by the Guild expressed as a percent of salary earned for each pay period following the date of this assignment as certified by the Treasurer of the Pacific Northwest Newspaper Guild.

I hereby authorize and request you to check off and deduct such amounts each pay period during the month from any salary paid to me as your employee, and to remit the amount deducted to the Pacific Northwest Newspaper Guild not later than the twentieth (20th) day of the following 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 yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment and authorization shall be renewed automatically and shall be irrevocable for successive periods of one (1) year each or for the period of each succeeding applicable collective agreement between yourself and the Guild, whichever period shall be shorter, unless written notice of its revocation is given by me to yourself and to the Guild by registered mail not more than 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 yourself and the Guild, whichever occurs sooner. Such notice or revocation shall become effective 30 days after you received it.

This assignment and authorization supersedes all previous assignments and authorizations heretofore given to you by me in relation to my Guild membership dues.

 

ARTICLE 14- JOB CLASSIFICATIONS & MINIMUM SALARIES

(A) The job classifications and minimum salaries shall be effective as follows:

Salary Schedule- Contract Minimums
Rates Effective 1st of Pay Period Falling
on or after July 22nd:

Group Job Classifications Experience 2006 2007

1 Desk Editors, Chief
Photographer, Makeup,
Wire Editors, Layout Editors
1st Year 995.70 1020.70
2nd Year 999.79 1024.79
3rd Year 1004.13 1029.13
4th Year 1008.17 1033.17

2 Copy Editors
1st Year 751.63 776.63
2nd Year 812.13 837.13
3rd Year 883.68 908.68
4th Year 948.43 973.43
5th Year 983.24 1008.24
6th Year 1003.07 1028.07

3 Reporters, Photographers, Artists
1st Year 748.22 773.22
2nd Year 807.01 832.01
3rd Year 879.14 904.14
4th Year 943.26 968.26
5th Year 977.28 1002.28
6th Year 996.88 1021.88

4 News Researcher
1st Year 675.40 700.40
2nd Year 728.31 753.31
3rd Year 793.23 818.23
4th Year 850.93 875.93
5th Year 881.55 906.55
6th Year 899.19 924.19

5 Assistant Head Librarian
1st Year 734.43 759.43
2nd Year 773.62 798.62
3rd Year 789.72 814.72
4th Year 829.62 854.62

6 Zone Reporters, Zone
Photographers
1st Year 748.22 773.22
2nd Year 807.01 832.01
3rd Year 879.14 904.14
4th Year 943.26 968.26
5th Year 977.28 1002.28
6th Year 996.88 1021.88

7 Librarians
1st Year 609.59 634.59
2nd Year 641.72 666.72
3rd Year 689.27 714.27
4th Year 762.88 787.88

8 Column Assistants, Sports Agate Clerks, Photo Technicians
1st Year 593.06 618.06
2nd Year 635.41 660.41
3rd Year 662.62 687.62
4th Year 706.28 731.28
5th Year 740.86 765.86

9 Head Copy Aide
1st 6 Months 586.68 611.68
2nd 6 Months 617.27 642.27
2nd Year 651.86 676.86
3rd Year 686.15 711.15

10 Administrative Assistants, Receptionists
1st Year 578.71 603.71
2nd Year 610.93 635.93
3rd Year 664.51 689.51

11 Copy Aides
1st 6 Months 551.40 576.40
2nd 6 Months 562.16 587.16
2nd Year 571.91 596.91
3rd Year 586.68 611.68

*July 22, 2006 increment applies to base scale only. Subsequent steps apply as traditional wage increase for all employees under Appendix A.

 

ARTICLE 15- WAGE CONDITIONS

(A) If an employee be used in two or more job classifications, he/she shall be paid not less than the minimum for the higher job classification for the time so worked.

(B) It is agreed that the Publisher and the Guild have hereto¬fore agreed on the job classifications of all present employees cov¬ered by the contract, both as to type of work in all jobs and years of experience in such jobs of said employees for the period of the term of the contract.

It is understood that in the event the Publisher installs equip¬ment or systems which do not change the character of jobs in the job classifications set forth in this contract, the scales herein will remain applicable.

(C) Years referred to in minimum wage provisions shall be con¬strued to mean years of experience in the specified job classifica¬tion in the employ of the Publisher, or experience in comparable jobs on other daily newspapers, news services or news photo services. Experience as used in reference to librarians, copy aides and administrative assistants shall mean experience in comparable type of work.

(D) (1) Temporary and part-time employees shall be paid not less than the minimum rate for the job classification in which they are engaged. Hours scheduled for such employees may be less than forty (40) hours per week.

(2) Part-time employees working an average of less than twenty (20) hours per week will be entitled only to pro-rata wages and Paid Time Off (as described in Article 17). Part-time employees working an average of twenty (20) hours or more per week shall be entitled to all the benefits of the con¬tract except Medical and Dental coverage which requires twenty-one (21) hours.

(3) There shall be no fragmentation of full-time positions into part-time positions.

(4) Temporary employees are hereby defined as individuals employed for a specific project or for a specified time, in either case not to exceed six (6) months, provided, however, a temporary employee may be employed to replace a regular employee on leave of absence for the period of such leave plus one month of training, not to exceed thirteen (13) months. Such time may be extended by mutual consent between the Guild and the Publisher.

(E) Any employee enjoying wages or conditions better than the minima set forth herein shall suffer no loss as a result of the sign¬ing of this contract.

(F) Nothing in this contract shall prevent employees from bar¬gaining individually for pay increases in excess of the minima estab¬lished herein.

(G) Those employees whose weekly salaries are more than the min¬imum for their job classifications and years of experience shall receive the same dollar increase which is applied to their job clas¬sifications and years of experience.

(H) There shall be no pay cuts during the life of this agree¬ment.

(I) The Publisher retains the right to grant and remove merit pay granted after December 7, 1983.

ARTICLE 16- HOURS AND OVERTIME

(A) Unless otherwise provided, the work week shall consist of forty (40) hours of work within five (5) days.

(1) The Guild and the Publisher agree that the standard work day should not exceed eight (8) hours falling within nine (9) consecutive hours, unless a special need arises, or it is in the interest of a more effective operation for employees to work or be scheduled to exceed eight (8) hours per day, or if an employee has scheduling needs that the supervisor or department head agrees to resolve by permitting a more flexible scheduling assignment.

(2) In these instances, employees’ work schedules may deviate from the standard shift arrangement, provided the straight-time hours do not exceed forty (40) hours in any given five (5) day work week.

(3) Another flexible work arrangement consisting of forty (40) hours divided into four (4) days of ten (10) hours falling within eleven (11) consecutive hours is also permitted. Employees who work this schedule shall be scheduled with at least two (2) consecutive days off during that week except as provided in paragraph (A)(4).

(4) Irrespective of other provisions of this Agreement, the Publisher may schedule a limited number of employees to work weekly with split days off. The normal number of employees so scheduled shall be limited to no more than thirty (30) employees during any work week. Employees so scheduled shall receive forty dollars ($40.00) per week premium payment. Employees who request to work split days off will not be eligible for the weekly premium payment nor will they be included in the calculation of the thirty (30) employee limitation. Employees in the job classification shall be given the opportunity to volunteer for the shifts in order of seniority. In the event there are not enough volunteers, the shifts shall be filled by inverse order of seniority. The Publisher may deviate from seniority when there are differences in qualifications and experience for the particular function or special abilities not available with the employee with lesser seniority.

(5) During a holiday week employees shall revert to a five (5) day eight (8) hour work schedule.

(6) There shall be no split shifts.

(B) Employees on out-of-town assignments and whose travel and work time combined total more than forty (40) hours within a work week shall be paid at time and one-half for all hours worked in excess of forty (40) hours. Reporters assigned by the Publisher to cover sports beats, political campaigns or other special assignments requiring long-term, non-traditional scheduling may, by mutual agreement, enter into a long-term flexible work agreement with their supervisor or department head (see Appendix B). The duration of such agreements shall not exceed twelve (12) months, but they may be renewed by mutual agreement. Each agreement shall be approved in advance by the Guild.

(C) Except for employees excluded from overtime by application of the Fair Labor Standards Act, as amended, all time worked in excess of the unit of hours constituting a work week shall be construed as overtime. Overtime shall be worked when required by the Publisher. Except in case of emergency, no employee may work overtime without first obtaining authorization from the Publisher or his representative.

(1) Full-time and part-time employees not designated to work a flexible work week shall be entitled to overtime for all time worked in excess of eight (8) hours in a shift.

(D) The Publisher shall cause a record of all overtime to be kept. In case of error, the employee must report the same within seven (7) days. In the event of a dispute concerning overtime payments, the Publisher shall provide the Guild with a copy of the overtime record of the person or persons involved. Overtime, as specified elsewhere in this contract, shall be paid for in cash or check at the rate of time and one-half.

(E) If an employee, having once been relieved from duty, is called back for an assignment not immediately preceding a regular shift, he/she shall be credited with actual time at the rate of time and one-half while traveling to and from the place of assignment. In no event shall he/she be credited with less than one (1) hour at the rate of time and one-half in addition to the actual time worked.

(1) The Publisher or his representative shall designate the days to be worked by each employee; the schedule of working days and starting times for each employee to be posted at least one (1) week before the beginning of the financial week. The Publisher will provide fourteen (14) calendar days notice to an employee of a regular change to an employee’s shift schedule. The Publisher agrees that the regular days off shall not be changed because of the provisions of Article 17 relating to designated holidays.

(2) No employee’s starting time or ending time will be changed without twenty-four (24) hours’ notice. If the Publisher or his representative directs an employee to work outside of the scheduled daily hours without the required twenty four (24) hours notice (for reasons other than under the conditions set forth in (E)(3), below) the employee shall be paid at the rate of time and one-half for all hours worked outside of the scheduled daily hours.

(3) Emergency changes in schedule: Any employee’s schedule of working days and starting times may be changed at any time where an employee is required to cover a regularly scheduled position due to the absence of a regularly scheduled employee, because of failure to report, sickness, leave of absence or discharge. Any employee’s schedule of working days and starting times may also be changed to accommodate a major non-routine breaking news story.

(F) Any full-time employee covered by this contract who is required to report for duty on his/her regular day off without having been given the required one (1) week notice under paragraph (E)(1) above, shall receive pay at the rate of time and one-half for hours worked.

(H) That part of a scheduled shift within ten (10) hours after the completion of the straight-time portion of the employee’s previously scheduled shift shall be paid for at the rate of time and one-half.

(I) A night differential of Two ($2.00) Dollars a night shall be paid to any employee whose normal work schedule requires him or her to be on duty at any time between the hours of 7:00 p.m. and 8:00 a.m.

(J) It is understood at the employee's request and with agreement by the Publisher, compensatory time at time and one-half may be taken during the work week in lieu of compensation for overtime in cash.

ARTICLE 17-- PAID TIME OFF

Paid Time Off is provided for the purpose of rest, relaxation and a planned interruption from the workplace or to attend to personal affairs. To the extent possible, time off is to be taken within the year accrued in order to receive the personal replenishment value intended. Supervisors and staff have the responsibility to plan schedules that meet operating requirements of departments and time off needs of staff. In order to balance and meet service and staffing requirements, staff members and supervisors should plan time off schedules well in advance.

(A) Eligibility

All regular full-time and part-time employees shall be entitled to Paid Time Off. Part-time employees will be entitled to pro rata Paid Time Off in addition to other benefits as described in Article 15- Wage Conditions. Employees must be continuously employed for not less than six (6) months before they may take accrued paid time off, except for designated holidays, for which employees are eligible after thirty (30) days of continuous and uninterrupted service.

( B) Accrual

Staff members accrue Paid Time Off based on years of service and the date when they began continuous employment with the Publisher. Paid time off accrual rates will be based on regular hours paid. Accrual rates will not include unpaid leave of any kind (excluding short-term leave of two (2) weeks or less, for professional development as encouraged by the Publisher), paid time off hours, sick leave hours paid, overtime hours paid and other hours not specifically included by name. Eligible employees accrue Paid Time Off in accordance with the following schedule:

Years of Service Hourly Accrual Rate

Fewer than two (2) years of service .0776

 

More than two (2) and fewer than four (4)
years of service .1013

More than four (4) years of service .1261

Paid Time Off is accrued hourly and is available for use by the eligible staff member the first pay period following the pay period of accrual.

Years of service are accrued from the most recent employment date of the staff member.

(C) Maximum Balance

A staff member may not have a balance of more than three hundred twenty (320) hours of time to be taken. This bank will be charged for any Paid Time Off (excluding sick pay and jury leave pay). If a staff member’s balance is at 320 hours, the staff member will not accrue any additional Paid Time Off.

(1) Use of Paid Time Off

Staff members and supervisors should plan and schedule each calendar year (with regard to seniority) to allow the staff member to take Paid Time Off. Arrangements for Paid Time Off should be requested and approved in advance by a staff member’s immediate supervisor. The amount of Paid Time Off taken in a contiguous time frame will be based on the needs of the department. The staff member’s immediate supervisor maintains the discretion to grant Paid Time Off without advance notice. In such cases, the supervisor may or may not grant Paid Time Off based on the business and operational needs of the unit.

 

 

(2) Holidays

The designated holidays are January 1st, the day celebrated as Martin Luther King Jr.’s birthday, Presidents Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and December 25th. Each department manager will prepare a holiday schedule and try to accommodate those employees who wish to take the holiday as a Paid Time Off day. The department manager will determine the final holiday schedule. Each employee who works on a holiday named will have an hour added to his/her Paid Time Off bank for each regular hour worked on the holiday subject to paragraph C. of this Article.

(3) Payment of Unused Paid Time Off

Upon the voluntary or involuntary termination of employment (other than termination for dishonesty or misconduct), all eligible staff members who have six (6) months of continuous and uninterrupted employment will be paid the lesser of Paid Time Off accruals or preset limits based on length of service. Example:

Years of Service Maximum Pay Out at Termination

Fewer than two (2) years of service Eighty (80) hours

More than two (2) years and fewer
Than five (5) years of service One hundred twenty (120) hours

More than five (5) years of service One hundred sixty (160) hours

ARTICLE 18- PICKET LINE

(A) If employees of the Publisher represented by the Seattle Typographical Union No. 202, Seattle Web Pressmen's Union No. 26, Seattle Mailers' Union No. 32, Seattle Stereotypers' Union Local 65 or Seattle Photo-Engravers' Union No. 23, engage in a strike duly authorized by their International Union against the Publisher, and establish a picket line about the premises of the Publisher, employ¬ees covered by or subject to this contract may refuse to cross said picket line to enter upon the premises of the Publisher.

(B) In such case the Publisher shall not be required to pay such employees for time lost by reason of their refusal to go through such picket line.

(C) The Pacific Northwest Newspaper Guild, Communications Workers of America Local 37082, agrees that before it authorizes its members to refuse to cross a picket line to be established in the manner described above, it shall give the Pub¬lisher twenty-four (24) hours' written notice, exclusive of Saturdays, Sundays and holidays. Prior to the serving of such notice either party may request a meeting with the other.

 

ARTICLE 19- MISCELLANEOUS

(A) Expenses. Employees required to use their automo¬biles in the service of the Publisher shall be compensated at least at the rate established by the IRS. The minimum daily mileage reimbursement is two dollars and twenty-five cents ($2.25).

The Publisher agrees to reimburse Photographers for one half of their actual automobile public liability insurance to a maximum reim¬bursement of $250.00 annually. In addition, Photographers shall be reimbursed for verifiable meal expenses that occur on assignments outside of King or Snohomish counties, or on assignments involving an overnight stay.

(B) Sanitation: The Publisher agrees to keep his plant in a clean, healthful, sufficiently ventilated, and properly heated and well- lighted condition at all times.

(C) Bulletin Boards: The Guild shall have the exclusive right to use a bulletin board in each department of the Publisher covered by this agreement to be used for the posting of notices of official Guild business.

(D) Outside Activities: Any employee is free to engage in out¬side activities, provided this is done on his/her own time and with his/her own equipment and does not conflict with his/her regular duties, and provided such endeavor is not in direct competition with the Publisher. No employee shall exploit his/her connection with the Publisher in the course of such activities without the permission of the Publisher. Prior notice to the Publisher is required before performance of outside activities that may emanate from status as a Post- Intelligencer employee.

(E) Promotion From Within: The following provision shall not deprive an employee of preferential rehiring as provided in the “Rehiring List" Section (National Memorandum).

(1) When additional employees are required in any department, the Publisher agrees that copy aides will be given the opportunity of advancement. Before new employees are hired for positions covered by this contract, the Publisher agrees to give first consideration to present employees in lower job classifications who possess the necessary qualifications to meet the Publisher’s requirements for the job vacancy. The Publisher shall make the decision with respect to fill¬ing the vacancy.

(2) A six (6) month evaluation period will follow promotion. Either the Publisher, due to non-performance, or the employee, at his/her own desire, will have an option of the employee returning to the former position during the evaluation period. Where the employee returns or is returned to the former position, his/her salary will be that which would have been paid had the employee remained in that position.

Individuals replacing the promoted employee will be consid¬ered temporary in that position for the six (6) month period.

The Publisher shall, at any time, accept an application from any employee for promotion or transfer.

(F) This agreement does not apply to freelance writers, space writers, country correspondents, special sports writers (such as football coaches), and interns who work for no more than four (4) months (six (6) months if part of a school-based program). Such employees may not be used to replace regular full-time employees.

(G) By-Lines: No employee's by-line shall be used over his/her protest. Such protest shall be orally or in writing stating the reason for the protest and shall be submitted to the immediate supervisor at any time during the editing process.

(H) Confidential Administrative Assistants: Confidential Administrative Assistants to the Publisher, Executive Editor, Managing Editor, Associate Editor, Busi¬ness Manager, and Resident Controller shall not be required to be members of the Guild.

(I) If any material critical of an employee's job performance is placed in the employee's personnel file, the employee shall be pro¬vided with a copy of that material. Any written response by the employee or other person with specific knowledge of the facts at issue will be placed in the employee’s personnel file.

(J) Personal Property: The Publisher agrees to reimburse employ¬ees covered under this contract for damaged personal property, excluding automobiles used by employees on regular mileage allow¬ances, which occurred during their working hours. This provision shall not apply in circumstances in which the Publisher can establish that such damage resulted from the employee’s negligence. The Publisher agrees to reimburse users of automobiles for damage to their automobiles occurring when automobile is used for company busi¬ness, but will be limited to damages in excess of reimbursements received by employees from their own automobile insurance policy (but in no event more than five hundred dollars ($500)). Computer and photographic equipment must have the prior written approval of the supervisor to be covered by this provision.

(K) Copy aides may be assigned to the duties of a reporter by the Publisher for a period of six months, or of a photographer for a period of six months, as a preparation for their own training as experienced newspersons, but shall be paid not less than the starting minimum in the job classification for the duration of such trial period. However, if such an employee fails to meet the required standard, as determined by the Publisher, the employee shall have his/her choice of dismissal pay or returning to his/her former duties.

(L) Health care benefits including medical, dental and vision insurance:

The Publisher will provide health care benefits available from Washington Employers Trust, including an HMO option. Employees will not suffer a loss of coverage as a result of implementing these new plans. The Publisher’s Primary Health Care Plan will be Washington Employers Trust Comprehensive Plan CM-1A or equivalent. The dental plan will be Dental Plan R, and the vision plan will be Vision Plan 2.

The Publisher shall continue the Alcohol/Drug Treatment policy. Dependent students age 19 through 21 will be covered under the medical plans and will be considered dependents for purposes of premium calculations. The Publisher will include coverage for same-sex domestic partners of employees pursuant to the rules of Washington Employers Trust. The same sex domestic partners will be considered dependents for purposes of premium calculations.

The Publisher will pay seventy-five percent (75%) of the premiums to provide benefits under these plans and the employees will pay twenty-five percent (25%). These same percentages will apply to any future increases or decreases in the premiums for these plans. The employee portion shall be deducted from the employee’s wages and shall be calculated on the level of coverage under the Plans. In the event the employee exercises the option to select an HMO or other coverage offered within the Publisher’s plans, the Publisher will pay no more than is being paid on behalf of the employees and dependents, if any, to the Primary Health Care Plan.

(N) Long term disability benefit: The Publisher will provide to regular full-time and regular part-time employees a long term disability benefit under Washington Employers Trust.
(O) Bereavement Leave: Effective on the date of signing, in the case of death in the immediate family of an employee who has been on the payroll one hundred eighty (180) calendar days, he/she shall be compensated for straight-time lost up to, but not exceeding, three (3) full work days, provided he/she otherwise would have been sched¬uled to work and did not work, providing also that the employee con¬tinues his/her employment after such death in his/her immediate fam¬ily. The immediate family of an employee shall consist of father, mother, father-in-law, mother-in-law, husband, wife, domestic partner of either sex, son, daughter, brother, sister, grandparent, grandchild or any relative who regularly lived with the employee. The Publisher will consider additional leave.

ARTICLE 20- ALTERNATE BENEFITS
SEVERANCE PLAN

(A) Upon reaching age fifty-five (55) or upon completion of twenty-five (25) years of continuous and uninterrupted service, as hereinbefore defined in Article 6 or upon certification of a doctor designated by the Publisher that the employee is permanently incapac¬itated from discharging his/her duties, such employee may terminate his/her employment and upon written application to the Publisher shall receive a cash lump sum based on years of continuous and unin¬terrupted service as hereinbefore defined in Article 6 as follows:

Alternate Benefit
Total Years as Multiple
of Credited of Highest Weekly
and Additional Salary for
Service Prior 52 Weeks

Less than 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 but less than 10 . . . . . . . . . . . . . . . . . . . . . . . . .15
10 but less than 12-1/2 . . . . . . . . . . . . . . . . . . . . . 20
12-1/2 but less than 15 . . . . . . . . . . . . . . . . . . . . . 25
15 but less than 17-1/2. . . . . . . . . . . . . . . . . . . . . . 30
17-1/2 but less than 20 . . . . . . . . . . . . . . . . . . . . . 35
20 but less than 22-1/2. . . . . . . . . . . . . . . . . . . . . . 40
22-1/2 but less than 25 . . . . . . . . . . . . . . . . . . . . . 45
25 but less than 27-1/2. . . . . . . . . . . . . . . . . . . . . . 50
27-1/2 but less than 29-1/2 . . . . . . . . . . . . . . . . . . 56
29-1/2 and over . . . . . .. . . . . . . . . . . . . . . . . . . . . . 60

(B) Payments under this Article shall be in lieu of any other terminal pay under the Dismissal Pay Article.

(C) The Publisher will bridge alternate benefits for rehired employees in the same manner as employees bridge past service bene¬fits under the Guild/P-I pension plan.

ARTICLE 21- RETIREMENT BENEFITS

(A) Employees covered under this Agreement shall be entitled to retirement benefits as set forth in the existing Pension Agreements between the Publisher and the Guild.

 

ARTICLE 22- MANAGEMENT FUNCTIONS

All management functions or prerogatives which the Publisher has not modified or restricted by a specific provision of this agreement are retained and vested exclusively in the Publisher.

ARTICLE 23- TERM

(A) This contract shall continue for two (2) years running from July 22, 2006 to July 21, 2008.

(B) At any time within sixty (60) days immediately prior to the termination of this contract either party may initiate negotiations for a new contract. The terms and conditions of this Agreement shall remain in effect during the period of negotiations for a new Agree¬ment. Either the Publisher or the Guild may terminate this Agreement by giving forty-five (45) days written notice to the other party of its intentions to terminate the Agreement. At the expiration of said forty-five (45) days, this Agreement and all terms and conditions of this Agree¬ment shall terminate.

DATED: _____________________

SEATTLE, WASHINGTON

SEATTLE POST-INTELLIGENCER NEWSPAPER GUILD-CWA LOCAL 37082

By ______________________________________ By ______________________________________ John Currie Elizabethe A. Brown
Business Manager Administrative Officer

PUBLISHER REPRESENTATIVE:
WASHINGTON EMPLOYERS, INC.
By______________________________________
Candace Heckman
By_________________________________ P-I Unit Chairwoman
Matthew W. Lynch

By ______________________________________
Athima Chansanchai

By ______________________________________
Kery Murakami


By ______________________________________
Art Thiel

APPENDIX A

COMPENSATION during the term of this agreement shall be as follows:

(1) Article 15- Job Classifications & Minimum Salaries con¬tains a schedule of the minimum compensation commitments during the term of the agreement. Article 15(G) does not apply.

(2) Beginning with May 1, 1991 and every year thereafter, each employee's performance will be appraised at least annually. Result¬ing performance pay will be granted effective May 1. Employees whose salaries are greater than the minimums for their job classification and years of experience shall receive any salary increase which is scheduled in the contract to be applied that year to their job clas¬sification and years of experience, provided the employee's perfor¬mance rating is meets standards or better.

(3) Individual employee's performance pay shall be cumulative and not subject to reduction unless the employee and Publisher agree to a reclassification to a lower contract minimum job. In such cases, previously earned performance pay will be retained but any future increase will be based on a percentage of the contract minimum for the employees' then current job classification.

(4) Performance and individual pay increases shall not affect contract minimums.

(5) Performance appraisals shall be subject only to an inter¬nal appeals process and shall not be subject to the adjustment of disputes procedure.

 

APPENDIX B

LONG-TERM FLEXIBLE WORK AGREEMENT

The Publisher, undersigned employee and representative of the Pacific Northwest Newspaper Guild enter into this separate and voluntary agreement for the purpose of establishing the amount of bonus and paid days off to be awarded to the employee at the end of the work assigned and time noted below.

The employee’s obligation is to cover the specified work assignment and to work all the time required to complete such assignment.

The Publisher’s obligation is to pay to you, (the employee) the bonus amount of $______________________ and to provide you ________ paid days at the completion of the time noted, each in addition to your normal accrued Paid Time Off. The bonus may be distributed during or at the end of the work assignment as agreed between the employee and Publisher.

The paid days off specified above shall be taken within ______ days following the completion of the assignment. The Publisher or his representative will assist you in scheduling the days off shortly after completion of the assignment.

Should you be removed from the assignment or choose to leave the Seattle Post-Intelligencer prior to the completion of the assignment, you will be paid pro-rata the bonus and paid time off, based on the number of days on assignment divided by the number of days listed below.

The employee and the Guild agree the amounts listed below for the period listed are in lieu of any overtime payment or compensatory time the employee would otherwise be entitled to by the terms of the Guild collective bargaining agreement.

Assignment:

Period of Assignment: From________________ to ________________________.

 

MEMORANDUM OF UNDERSTANDING
Seattle Post-Intelligencer
and
The Newspaper Guild-CWA Local 37082
Regarding Job Sharing

The parties hereto agree that the intent of the provisions delineated below is to establish procedures and guidelines for considering and administering Job Share programs without modifying, diminishing or expanding the provisions of the current collective bargaining agreement, unless such modifications are explicitly and clearly provided for herein.

1. Definitions: For the purpose of this agreement the following definitions apply;

a. Job Share: The voluntary apportionment of job-related duties among two employees of job related duties normally performed by one regular full-time employee.

b. Job Shared position: A position normally filled as full-time, the duties of which are shared by two employees.

c. Job Share Team: A group of two full-time employees who are party to a common job share agreement.

2. Eligibility

Job share teams of bargaining unit employees who meet the following minimum requirements shall be eligible to participate in the job sharing program.

a. Have been employed by the Publisher, full-time, for a period of six months or more;

b. Are currently employed in a full-time, non-probationary status.

3. Applications and Approval

a. Employees who desire to participate in a Job Share shall submit a written application to their immediate supervisor.

b. The application shall contain at least the following information;

i. The names, and current assignment of each prospective team member;

ii. The current work schedule of each prospective team member;

iii. The proposed work schedule of each prospective team member;

iv. The application shall be signed by each prospective team member.

c. The parties agree that approval of Job Share requests will be at the discretion of the Publisher. The applicants rationale for requesting to participate in the Job Share shall not be a consideration in the approval or disapproval of the application.

d. Job Share requests will be considered on a first come - first served basis.

4. Scheduling

a. Flexibility in the scheduling of job share employees is necessary. Supervisors and job share participants will make every effort to resolve necessary schedule changes in a mutually satisfactory manner. When no such agreement is possible, the Publisher retains the right to determine work schedules.

b. Employees may be required to temporarily deviate from the regular work schedule in order to cover or complete an assignment and/or cover for a team member who is unavailable. When such deviation is necessary, the employee shall be provided reasonable notice of the expected length of the deviation.

5. Overtime/Comp time

Job Share participants shall receive overtime / comp time for all hours worked by each individual participant in excess of those stipulated in the CBA.

6. Benefits

a. Unless otherwise specified, Job Share participants will share pro-rata, based upon the hours worked, all benefits to which one full-time employee assigned to the position shared by the team is entitled.

b. Where the "average hours worked per week" is used as the basis for the allocation of the benefit, that average shall be calculated monthly on all regular straight-time hours paid during the preceding six (6) months. During the first six (6) months of a Job Share, the benefit will be allocated based on the average hours worked per week since the inception of the job share.

c. Participation in a Job Share shall not result in the loss of any benefit accrued to an individual based on past service prior to the start of the Job Share.

d. Team members must individually meet the minimum eligibility requirements of each benefit.

e. The members of the team will share pro-rata the costs of any additional benefit in excess of those allotted to the position filled that may be needed to cover all members of the team, if such benefits are available. Where a benefit is individually based and elective, team members may exercise their option to decide not to take the benefit.

i. Health Care Program
(a) Only one team member will be eligible for the health care program.

(b) A minimum average of 21 hours per week must be worked in the preceding six (6) months to be eligible for health care benefits.

ii. Paid Time Off and Unpaid Leave

(a) Job Share Team members shall be entitled to paid time off under the eligibility provisions for part-time employees contained in the CBA.

(b) Requests for unpaid leave shall be treated in accordance with the appropriate provisions of the CBA.

iii. Alternate Benefits

(a) As specified in Article 20 of the CBA, a year of Credited Service for each team member individually will be attained when the paid hours of the Team member totals 2,080.

iv. Pension

(a) Pension benefits shall be administered for each team member individually as provided for in the existing Pension Agreements.

(b) The Pension Agreements at the date of signing this Memorandum of Understanding provide for the following which may be changed by agreement between the Guild and Publisher:

(1) At least 1,000 hours of service in a calendar year are required for credit of a year of vested service.

(2) A full year of credited service will be earned by working 1,800 hours in a calendar year.

(3) A break in service will occur when 500 hours or less are worked in a calendar year.

7. Job Share Termination

a. An employee hired or transferred to replace a Job Share participant will be considered temporary in that position for up to thirteen months. Such temporary status may be extended upon the mutual agreement of the Union and the Publisher.

b. The Publisher may terminate a particular Job Share arrangement upon sixty (60) days written notice.

c. In the event of termination, Job Share team members shall be returned to full-time status in the position shared, or to the position in which they were employed prior to entering the Job Share, provided such position is then being filled on a temporary basis.

d. In cases where there are no comparable full-time positions available, the team member(s) from a terminated Job Share shall be assigned to the next available comparable position at the same rate of pay and with the same seniority date which s/he held at the time of the job share termination. However, no additional seniority shall be accrued during any period while the person is not actually working.

e. A Job Share team member may withdraw from the Job Share upon one hundred twenty (120) days written notice to the Publisher and the remaining team member. During the notice period the remaining team member may seek an employee replacement. The replacement employee and the resulting team make-up must meet the approval of the Publisher.

f. If at the end of the notice period no acceptable replacement has been found, the Job Share shall be terminated in accordance to 7.c. and 7.d. above.

8. Administering the Job Share

a. All applicants for a Job Share shall be provided a copy of this agreement at the time of application.

b. The Publisher agrees to provide the Union with a copy of the Job Share application and all modifications thereto at least ten (10) calendar days prior to the approval of that application. In no case shall a Job Share become effective before the requisite notice has been provided. During the ten (10) day notice period the Guild may object to the proposal.

9. Term

This agreement shall take effect upon signing by the parties and remain in effect until July 21, 2008 unless terminated by either party by one hundred twenty (120) days written notice.

The above agreement is supplemental to the Labor Agreement and is solely intended to provide minimum standards for considering and administering Job Share programs. To the extent this agreement is in conflict with the Labor Agreement, in matters relating to job sharing where this agreement provides clear and explicit waiver or modification, this agreement shall prevail.

 

SEATTLE POST-INTELLIGENCER NEWSPAPER GUILD-CWA LOCAL 37082

By__________________________ By_______________________________
Matthew W. Lynch Elizabethe A. Brown
For the Publisher For the Union

Dated________________________ Dated_____________________________

MEMORANDUM OF UNDERSTANDING

WAGE DIVERSION

This memorandum constitutes an agreement between the Seattle Post-Intelligencer and the Pacific Northwest Newspaper Guild, Local 37082, TNG-CWA, AFL-CIO, as follows:

The Seattle Post-Intelligencer and the Pacific Northwest Newspaper Guild, Local 82, entered into a Memorandum of Understanding (MOU) in April, 1994, extending the Labor Agreement then in effect and all appendices and memoranda attached thereto until January 21, 1997. A provision of that MOU provides “Amend Article XIV to provide a thirty cents ($.30) an hour increase to the minimum salaries for all job classifications, effective the first pay period closest to May 1, 1995.” The Seattle Post-Intelligencer and the Pacific Northwest Newspaper Guild, Local 82, hereby agree to the following:

1. The thirty cents ($.30) an hour wage increase referenced in the MOU above will be paid to the Seattle Post-Intelligencer Newspaper Guild Retirement Income Plan (Plan) rather than to the affected employees (wage diversion).

2. The Plan (as amended and restated effective June 1, 1994) shall be amended to add Article III(1) as follows:

“For employees who had not terminated employment prior to or who were on approved leave of absence on May 1, 1995, monthly benefits shall be at the rate of 1.421% of applicable average final monthly compensation multiplied by the employee’s years of credited service at retirement, but not to exceed thirty (30) years of credited service.”

3. All other provisions of the Plan remain unchanged.

4. This wage diversion will not again be the subject of collective bargaining until such time as the Plan’s funded current liability percentage, determined using the IRC Section 412(l) threshold current liability as amended by RPA ‘94, is at least ninety percent (90%). The Plan’s actuary shall calculate the funded current liability percentage each year and disclose it in their annual actuarial valuation report. The calculations shall be in accordance with all then applicable regulations.

SEATTLE POST-INTELLIGENCER PACIFIC NORTHWEST NEWSPAPER
GUILD, LOCAL 37082

By /s/ John Currie By /s/ William F. Johnston
Its Business Manager Its Administrative Officer

Date 5/24/95 Date 5/31/95

 

 

 

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