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THIS AGREEMENT, made and entered into this 22nd day of September, 2006, by and between the SEATTLE TIMES COMPANY, publisher of The Seattle Times, of Seattle, Washington, constituting the party of the first part, hereinafter sometimes referred to as the "Publisher," and PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082, (Composing Employees) by its officers, or a committee duly authorized to act in its behalf, party of the second part, hereinafter sometimes referred to as the "Union," shall be effective beginning September 22, 2006, and ending August 15, 2008.
ARTICLE 1
RECOGNITION
1.1 The Publisher hereby recognizes the Union as the exclusive bargaining representative of all employees covered by this Agreement.
1.1.1 The words "employee" and "employees" when used in this Agreement apply to journey level employees and associates.
1.2 All present employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing, in the manner and to the extent required by law, as a condition of continued employment. All present employees covered by this Agreement who are not members of the Union, and all such employees who are hired hereafter, shall on and after the 31st day following the beginning of their employment or on and after the 31st day following the effective date or execution date of this Agreement, whichever is the later, become and remain members of the Union in good standing, in the manner and to the extent required by law, as a condition of employment.
1.2.1 For the purposes of this Agreement, "good standing" shall mean tendering to the Union an amount equal to the appropriate dues which are uniformly required to be paid. The Publisher and the Union agree that there will be no discrimination in the employment of an individual based upon his/her Union Membership or lack of Union Membership. New employees shall be notified in writing of this provision by the Publisher. A copy of such notification shall be sent to the Union.
1.3 Upon seven (7) days written notice from the Union, the employer shall discharge any employee who fails to tender the periodic dues and assessments uniformly required by the Union.
1.3.1 The Publisher shall be held harmless and shall not be liable for any damages as a result of the provisions of Section 1.3.
1.4 Except as modified by the Supplemental Agreement, all work which is recognized by this Agreement to be within the jurisdiction of the Union shall be performed only by employees covered by this Agreement.
ARTICLE 2
JURISDICTION
2.1 Jurisdiction of the Union and the appropriate unit for collective bargaining is defined as including all composing work and includes classifications such as: Hand compositors, typesetting machine operators, make-up men, bank men, mark-up men, proof press operators, proofreaders, machinists for typesetting machines, operators and the machinists on all devices which compose type, in photographic paper form, or film, operators of tape perforating machines and recutter units for use in composing or producing type, operators of all phototypesetting machines (such as Fotosetter, Photon, Linofilm, Monophoto Coxhead-Liner, Filmotype, Typro, and Hadego) and employees engaged in paste-makeup with reproduction proofs and employees processing the product of phototypesetting machines, including development, waxing, paste-makeup of all type, hand-lettered, illustrative border and decorative material constituting a part of the copy, ruling, photo-proofing, correction, alteration, and imposition of the paste-makeup serving as the completed copy for the camera used in the platemaking process. Paste-makeup for the camera as used in this paragraph includes all photostats and prints used in offset or letterpress work and includes all photostats and positive proofs of illustrations (such as Velox) where positive proofs can be supplied without sacrifice of quality or duplication of efforts.
2.2 After copy which has been pasted up by employees covered under this agreement has been processed by the photo-engraving department it shall be returned to the composing room. The stripping of illustrations, art work and sigs from pasted up matter, when required, shall be done by employees covered by this Agreement.
2.2.1 By mutual agreement between the Publisher and the Union original completed paste-ups may be exchanged between the Publishers signatory to this Agreement when no other method of transfer of such material is available. Such paste-ups, when exchanged by the Publishers signatory to this Agreement, shall be returned to the original Publisher.
2.2.2 It is recognized that a certain small amount of paste-makeup work is being done by persons not covered by this Agreement from proofs or type set under the terms of this Agreement as follows:
a) Paste-makeup of matter being used for the promotion of the Publisher's business.
b) Paste-makeup of matter in preparation of office forms used by the newspapers party to this Agreement.
c) Paste-makeup of a small volume of advertisements by employees in the newspaper's advertising promotion department.
d) Paste-makeup work done in the preparation of the Sunday magazine.

2.2.3 It is agreed by the parties hereto that when it is possible without jeopardizing relations with newspaper customers, such work will be given to employees under the terms of this Agreement who are competent to perform such work; provided, no legal or jurisdictional difficulty will be brought about by either party in the reallocation of this work.
2.2.4 In the event of the extension of the volume of paste-makeup work or the introduction of a photo-composition process, the paste-makeup work shall be done by employees under the terms of this Agreement.
2.2.5 The practice of supplying occasional glossy proofs or type, set under the terms of this agreement, to the art and promotional departments of the newspapers for integration with art work, and to advertisers for the making of photographically enlarged, reduced, or screened or reversed plates to be incorporated by the advertiser in ads to be used in the newspaper of the Publisher may be continued during the life of this Agreement.
2.2.6 It is agreed by the parties that a joint committee shall be appointed, three from the Publisher, and three from the Union. Meetings shall be held at the call of either party to study the amount of material being sent to advertisers in the form of "glossy" proofs. This committee shall make a sincere effort to reduce the number of such "glossy" proofs to a minimum. Deliberations of this committee are to be a conciliation nature only and unresolved matters shall not be subject to arbitration. Decisions reached by the committee will be final and binding on both parties.
2.2.7 Except as modified by the Supplemental Agreement, it is agreed that this Agreement determines the employer's choice as to the granting of jurisdiction over work processes specified herein.
2.2.8 All corrections must be made by an employee covered by this Agreement, except as provided in the Supplemental Agreement.
2.3 It is agreed that when a computer is used for composing room work the Union's jurisdiction includes the preparation of input and all handling of output, operation of the computer and all input and output devices, formatting for display and classified ads (except that formatting which is provided by the manufacturer or lessor as part of the standard services for the lease or purchase), and maintenance of all the foregoing equipment and devices (except that maintenance which is provided by the manufacturer or lessor as part of the standard services for the purchase or lease of the equipment.)
2.3.1 Formats prepared by employees covered by this Agreement may be edited, modified or redrawn by experts not covered by this Agreement.
2.3.2 In the event of a temporary, emergency breakdown caused by mechanical or electrical failure, a "back-up" computer may be used and the Union agrees such input and output will be processed by employees covered by this Agreement during the period of such temporary, emergency breakdown.
ARTICLE 3
SUPERVISOR
3.1 The operation, authority and control of the composing room shall be vested exclusively in the supervisor, assistant supervisors or acting supervisors. The Chapel Chair shall be provided the names of all supervisors and the name(s) of the supervisor or supervisors.
3.1.1 Supervisors (supervisor or assistant supervisors) may perform bargaining unit work under limited circumstances for demonstration purposes, work of short duration, emergency work, technical work which cannot be performed by bargaining unit employees, work related to installation or shakedown of equipment, or work performed after reasonable efforts to secure qualified bargaining unit employees have failed (such as during a snow storm). Emergency work is defined as immediate action required to prevent loss of production or to protect life, limb, equipment or property or work necessary due to loss of power or acts of God such as fire or flood.
3.1.2 Supervisors shall exercise their authority in a nondiscriminatory manner under applicable law and this Agreement.
3.2 Employees shall perform such composing room work as the supervisor may direct.
3.3 The supervisor shall be the judge of an employee's competency as a worker, however, the fairness of his judgment shall be subject to review by the special standing committee.
3.3.1 New employees shall be subject to a probationary period of six (6) months. Discharges which occur during the probationary period are not subject to Article 17, Standing Committee.
3.4 The supervisor shall be responsible for:
3.4.1 Discipline and discharge for just cause.
3.4.2 Reducing the work force within the terms of this Agreement.
3.4.3 Making lead person assignments outside the schedule. (Examples include ad production lead, traffic central lead, trainer and quality assurance lead.) When doing so, the supervisor will post the job opening so all interested, qualified employees can be considered.
3.4.4 Approving all schedules and schedule changes, including absence, paid absence, and the necessity for all replacements, and all overtime.
3.4.5 Directing the work force, administering office rules, adjusting contract grievances or recommending such action.
3.5 When an employee is discharged for any reason, the employee may demand and the supervisor shall give in writing the reason for discharge provided such demand be made within seventy-two (72) hours after the employee is informed of the discharge.
ARTICLE 4

WAGES AND HOURS
4.1 Eight (8) consecutive hours, exclusive of lunch time, shall constitute a day shift or a night shift.
4.1.1 The Publisher may also designate four (4) shifts of ten (10) hours each for some employees, exclusive of a thirty- (30-) minute lunch, if it is determined that operating needs can best be achieved by such a schedule.
4.1.2 The Publisher, in his or her sole discretion, may accept requests by current or new full-time employees to work flexible schedules of forty (40) hours per week divided into six (6) or four (4) days. Once accepted by the Publisher, such schedules may be terminated by either party upon thirty (30) days notice.
4.1.3 No journey-level employee shall be employed for less than an eight- (8-) hour shift (exclusive of lunch time), except when discharged for just cause or when excused at the employee’s own request, in which case the employee will be paid for the time worked.
4.1.4. No associate shall be employed for less than a five- (5-) hour shift except when discharged for just cause or when excused at the employee’s own request, in which case the employee will be paid for the time worked.
4.2 A day shift shall be construed to mean work done between the hours of 6 a.m. and 6 p.m. A night shift shall be construed to mean work done between the hours of 6 p.m. and 6 a.m.
4.3 When a shift is scheduled to start and finish between the hours of 6 a.m. and 6 p.m., the day scale of wages shall apply. When a shift is scheduled to start or finish between the hours of 6 p.m. and 6 a.m., the night scale of wages shall apply. In no case shall extended time on a day shift be construed as making the night rates applicable to work which, in the absence of the extended work shift, would be at day rates.
4.4 The minimum scale of wages, subject to diversions, at the time of ratification, for journey level employees are:
Day Night $23.0207 $23.6207

4.5 The minimum scale of wages, subject to diversions at the time of ratification, for associates shall be as follows: Day Night
First 1,365 compensated hours $13.2519 $13.5269
1,366 - 2,730 compensated hours $14.0734 $14.3734
2,731 - 4,095 compensated hours $15.7465 $16.0965
Thereafter $17.4175 $17.8196

4.6 Employees called back one (1) hour after having completed a shift or when an employee's starting time is changed with less than twenty-four (24) hours' notice, said employee shall be paid two dollars ($2.00) in addition to other compensation received. When an employee is called back inside one (1) hour, that employee shall be paid overtime until finally dismissed without deduction for the time away. When the office is required to make changes in an employee's starting time to cover dark or vacated shifts the penalty shall be waived.
4.7 Pay days shall be weekly or bi-weekly.
ARTICLE 5
OVERTIME
5.1 Overtime is defined as all hours worked beyond forty (40) in a work week. For purposes of this section only, hours worked shall include compensated hours for vacation, jury or bereavement leaves. Daily overtime shall be paid to employees who work (or are compensated for) all their otherwise scheduled hours (exclusive of lunch periods) in a work week as follows:
? All work over eight (8) hours per day.
? All work over ten (10) hours per day for employees on a four by ten (4 x 10) schedule.
? All work on a sixth or seventh shift, except for work on a sixth day under voluntary six-day schedules under 4.1.2.
? All work beyond the scheduled extended (i.e. over 8 hours) shift length of an alternative to a five-day situation mutually agreed under Articles 4.1.2 and 6.3.
All overtime shall be paid at time and one-half (1-1/2) the employee's regular straight-time hourly rate.
5.1.1 Overtime shall be paid for the actual length of time worked as overtime.
5.1.2 As an exception to 5.1, any employee working an extended shift for the purpose of training, performance reviews, or a crew meeting, shall be compensated at straight-time for up to one (1) hour in any work day for a maximum of eight (8) hours of straight-time.
5.2 When overtime is required on a shift, the supervisor, assistant supervisor or acting supervisor shall notify employees affected a reasonable time before the end of the employee's shift.

ARTICLE 6
SHIFTS
6.1 Employees who work three (3) or more shifts in a week which qualify for the night shift rate shall receive the night shift rate for all hours worked during such week. Employees scheduled exclusively on day shifts shall be paid the day scale.
6.2 No employee covered by this Agreement shall be required to hold a situation of more than five days or five nights in one work week.
6.3 Regular situations shall be arranged on a five-day basis. Alternatives to a five (5) day situation may also be established subject to mutual agreement. The supervisor shall post any changes to the starting times and off days of each situation each week.
6.4 The time at which employees shall report for work shall be a part of all schedules posted by the supervisor.
6.5 A meal period of thirty (30) minutes shall be allowed for each shift, such meal period not to be included in the number of hours specified for a day's or night's work. The time for taking lunch shall be designated by the supervisor. No employee shall be required to go to lunch less than three (3) hours or more than five (5) hours after the start of the shift, provided, by mutual agreement between the supervisor and the employee, individual lunch periods may be scheduled outside of these hours.
ARTICLE 7
PENSIONS
7.1 The Publisher shall contribute monthly to the CWA-ITU Negotiated Pension Plan (hereinafter sometimes referred to as the Plan) the sum of two dollars and twenty cents ($2.20) per straight-time hour earned for the Publisher's employees covered by this Agreement for the purpose of providing pension on retirement, death benefits and other related benefits for covered employees of the Publisher.
7.1.1 The Publisher shall also contribute monthly to the Plan for each associate a sum, per hour earned, as set forth below, for hours worked effective the first of the pay period following ratification.
First 1,365 compensated hours 55% of journey level contribution
1,366-2,730 compensated hours 65% of journey level contribution
2,731-4,095 compensated hours 75% of journey level contribution
Thereafter 85% of journey level contribution
7.2 Contributions shall be made for any hour for which an employee receives compensation (e.g., vacation, holidays, bereavement leave, jury duty). The Plan is jointly administered by Trustees appointed in equal numbers by the Union and the Employers under an Agreement and Declaration of Trust, and has been found by Internal Revenue Service to be entitled to exemption under the Internal Revenue Code.
7.2.1 Contributions shall be made by check, money order, or similarly recognized medium of exchange and shall be made payable and forwarded to the CWA Negotiated Pension Plan, 831 S. Nevada Ave., Suite 120, Colorado Springs, CO 80903, no later than the 20th of the following month, together with reports on forms to be furnished by the Plan.
7.2.2 Title to all monies paid into the Plan shall be vested, and shall be held exclusively by the Trustees in trust for use in providing the Benefits under the Plan and paying its expenses.
7.2.3 The Publisher recognizes that in addition to the Union's right to enforce this Section, the Union shall have the right in its discretion to take any legal action necessary to collect any contributions or monies due and owing to the Plan and to secure delinquent reports. The Publisher further agrees that the Union shall have the right to collect reasonable attorneys' fees and expenses incurred in connection therewith.
7.2.4 The Publisher shall supply to the chapel chairperson a copy of either the union representative's copy of Negotiated Pension Plan remittance forms or a copy of the Publisher's print-out forms on a monthly basis.
ARTICLE 8
INSURANCE
8.1 The Publisher shall contribute monthly to the CWA-Employer Life and Disability Fund the sum of one dollar and twenty-five cents ($1.25) per regular straight-time shift earned, and pro rata contributions shall be made on all other straight-time shifts earned. In September 2004, the contribution to the Life and Disability Fund was increased by the plan trustees to $1.75 per shift. The additional 50 cents per shift is being provided by a wage diversion from employees’ hourly wages.
8.1.1 During the term of this Agreement, the bargaining unit may, at its sole option, choose to elect to initiate Long Term Disability coverage pursuant to the then-prevailing availability, costs, enrollment periods and terms of the Publisher’s Long Term Disability Plan. It is understood that such election shall be uniform for all employees covered by this labor Agreement and that the cost will be borne by deduction from employees’ wages.
8.2 Medical: Eligible employees under this Agreement shall be entitled to the same plan(s) of medical and dental benefits as is provided by the Publisher to its managerial and unaffiliated employees.
8.2.1 During the term of this Agreement, the Publisher shall have the right, in its discretion, to make plan design changes, change plan carriers, or make benefit or coverage changes, at the same time and in the same manner as for managerial and unaffiliated employees. However, before any substantial change is made in the plans or benefits described by this Article, the Publisher will meet and confer with the union as to such changes.
8.2.2 The Publisher and employees will share the costs of the Publisher's Medical plans, with the Publisher bearing seventy-five percent (75%) of the premium cost.
8.2.3 The employee portion shall be diverted from the wage schedule. The employee portion shall be calculated on the following basis.
8.2.4 A composite rate shall be determined by adding together the premium payments for all active employees covered under Health Plans available to composing room employees. The total premiums shall be divided by the number of active employees participating in the Plans (an active employee is one eligible and enrolled for coverage or self-paying coverage due to a leave of absence). The result shall be the composite rate for Health, Medical and Surgical insurance.
8.2.5 The composite rate shall be established during plan renewal each year, which is currently in September.
8.2.6 The resulting increase shall be shared according to Article 8.2.2.
8.2.7 If premiums decrease, the same calculations shall take place and the result shall be added to wages, but only to the maximum of prior diversions.
8.3 The Publisher agrees to provide an annual re-opener in order to allow employees the option of remaining in the Publisher's Health-Medical-Surgical Plan or transferring to a Health Maintenance Organization (HMO) made available by the Publisher.
8.4 In the event the State or Federal government should enact legislation requiring The Times to provide Times employees and/or their dependents a Medical and/or Dental plan which legislation intends to replace the Medical and/or Dental plan available to employees under this Agreement, the parties agree The Times will terminate the present plan(s) and any cost or premium increase or decrease required to provide the mandated plan will be shared in accordance with Sections 8.2.2 and 8.5 or as mandated.
8.4.1 The Publisher will provide the Union with the opportunity to meet and confer prior to implementing any Plan revisions brought about by above mentioned State or Federal legislation.
8.5 Dental Care: The Publisher will pay two-thirds (2/3) of the premium cost of the Publisher's present Dental Plan. The parties further agree that any future increases in premiums to maintain that level of benefits will be paid two-thirds (2/3) by the Publisher and one-third (1/3) by the employee.
8.6 A new employee must work eighty (80) hours per calendar month for two (2) consecutive months in order to be eligible for Health-Medical-Surgical coverage and the Dental plan.
8.6.1 Once eligible, an employee must be compensated for a minimum of eighty (80) hours from the Publisher during the previous calendar month to maintain coverage.
8.6.2 If an employee loses eligibility by falling below the qualifying hours and waives any self pay options that are available by law or as a result of a medical leave of absence, beyond six months or a personal leave of absence, the employee must again satisfy the eligibility criteria specified in Article 8.6.
8.7 Medical Aid Fund: The Employer shall deduct from the pay of each employee covered by this Agreement, one-half (1/2) of the amount the Employer is required to pay into the Medical Aid Fund as provided under the Washington State Industrial Insurance Act.
ARTICLE 9
BEREAVEMENT LEAVE
9.1 When an employee who is scheduled to work is absent due to a death in the immediate family (mother, father, wife, husband, qualified domestic partner, son, daughter, brother, sister, mother-in-law or father-in-law) s/he shall be granted three (3) days' leave without loss of pay.
9.2 The employee may begin his/her leave upon notification of the death or at a later time if the purpose of the delay is to attend the funeral or memorial services. The time off must be completed within ten (10) calendar days of the death unless otherwise mutually agreed between the employee and his or her manager.
ARTICLE 10
VACATIONS

10.1 Employees with six (6) months but less than two (2) years of continuous service will accrue one (1) hour of paid vacation for each 20.0 hours compensated, to a maximum of eighty (80) hours per year, of which vacation accrued by this formula may be taken after six (6) months of service. Once employees achieve six months of service, their vacation balance shall be credited based on this formula from their date of hire. If the new employee terminates prior to six (6) months, no vacation will be accrued or paid.
10.1.1 Employees with two (2) but less than three (3) years of continuous service shall accrue one (1) hour of paid vacation for each 17.333 hours compensated to a maximum of one hundred twenty (120) hours per calendar year.
10.1.2 Employees with three (3) or more years of continuous service shall accrue one (1) hour of paid vacation for each 13.0 hours compensated to a maximum of one hundred sixty (160) hours per calendar year.
10.2 An employee's accrual will change, up to the maximum, during the pay period of the employee's anniversary date of service.
10.3 The vacation rate of pay will be based on the employee's regular rate of pay at the time of the vacation.
10.4 For the purpose of this section, hours compensated shall mean all hours worked plus all hours paid but not worked.
10.5 While vacations may be taken as earned, employees may bank up to two hundred eighty (280) hours of vacation. Once the vacation bank reaches this maximum, no further vacation will be earned.
10.6 Employees with six (6) months or more of service will receive all vacation earned to termination on the next regularly scheduled paycheck.
10.6.1 For purposes of calculating vacation accrual, termination shall occur on the last day actively at work.
10.6.2 For purposes of this Article only, productivity leave shall be counted as hours compensated.
10.7 The supervisor shall notify the chairperson of the number of individuals who may be on vacation, or productivity leave for each week in the calendar year. Such allocation shall be split between the day and night shifts in the approximate ratio of employees working days or nights.
10.7.1 The regular (summer) vacation period shall be the thirty (30) week period beginning with the first calendar week of April plus the two holiday weeks which include Christmas and New Year's holidays. The supervisor's allocation of vacation weeks shall be distributed as equally as operations allow over this period. Employees shall be allowed to schedule up to three (3) consecutive weeks of vacation during this period, however, weeks of vacation may also be scheduled separately.
10.7.2 Employees entitled to additional weeks of vacation (winter vacation) shall schedule the additional vacation any time available during the calendar year.
10.7.3 Employees entitled to one (1) week of productivity leave shall schedule such leave during any time available during the calendar year.
10.7.4 Summer vacation may be scheduled outside the time period through the chapel chairperson, subject to agreement by the supervisor, provided the request is made prior to January 30 of each year.
10.7.5 The supervisor shall examine the schedule as it is being prepared. Where it can be shown by the supervisor that too many employees doing the same type of work have scheduled their vacations at the same time, the lower priority employees shall be rescheduled.
10.8 The selection of vacation shall be by priority as follows:
10.8.1 The chapel chairperson shall schedule the vacations in accordance with priority.
10.8.2 Each employee may exercise their first choice in one of the following categories by priority:
a) Summer vacation
b) Winter vacation
c) Productivity leave

10.8.3 After all employees have exercised first choice, all employees may exercise second choice followed by their third for the vacation weeks remaining by priority.
10.8.4 When weeks of vacation are taken separately, an employee may exercise his/her priority on preferred dates only once.
10.9 Employees who transfer between day and night shift at the request of the office shall carry their vacation selections with them.
10.10 Any employee who does not indicate his choice by February 15 waives priority claim to choice of vacation dates. The vacation schedule shall be posted by March 1. No employee shall be required to take a scheduled vacation unless the dates have been posted not less than thirty (30) days in advance of the beginning of the vacation time off.
10.11 Pay for vacation shall be at the regular rate of pay which the employee is receiving at the time he/she starts vacation, including shift differential, if appropriate.
ARTICLE 11
HOLIDAYS
11.1 The following shall be observed as holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and employee's birthday, or days observed as such.
11.1.1 Except that Christmas Eve and New Year's Eve shall be considered the holiday in place of Christmas Day and New Year's Day for employees having evening shifts which start on or after 3 p.m. on December 24th and December 31st.
11.2 In no case shall an employee be denied a holiday or holiday pay because of a change of schedule; nor shall any employee receive double holiday benefits from the same holiday.
11.3 Any employee who has worked a minimum of one hundred and thirty (130) shifts in the twelve (12) months preceding a holiday, eleven (11) or more shifts having been worked in the thirty (30) days immediately preceding a holiday, shall be paid for said holiday at the regular straight-time daily rate. For purposes of this subsection, vacation scheduled and taken, and paid bereavement and jury leave shall be considered as shifts worked.
11.4 Employees who are scheduled to work on any holiday and are notified by the office that they will not be required to work on said holiday shall be paid the straight-time rate for such regularly scheduled shift.
11.5 Any qualified employee who works on any holiday shall be paid double the straight-time rate for all such work.
11.6 When a holiday occurs on an employee's off day or within an employee's scheduled vacation period, said employee shall receive an additional day off, which shall be paid for at the regular straight-time daily rate; the day off to be selected by mutual agreement and taken within a thirty (30) day period. At the option of the Publisher, the employee shall be paid a day's pay at the regular straight-time daily rate in lieu of such additional day off, within thirty (30) days of the holiday. If an employee is required to work on a holiday which falls on the employee's regular day off, the employee shall receive an additional day off or a day's pay at the regular straight-time daily rate as provided for above, plus double the straight-time rate for all such work. There shall be no duplication of holiday payments on the same working shift.
11.7 An employee shall observe the birthday holiday on the actual birthday or such other day as is mutually agreed upon between the employee and the supervisor.
11.8 The supervisor shall determine not later than 10:30 a.m. Thursday, of any holiday observed on Monday; for any other holiday, not later than 12:00 noon on the third day prior to the holiday, the number of employees required to work on said holiday. The force shall be selected with due consideration to priority and qualification to perform the particular functions needed to be performed on the holiday. Employees may volunteer provided the employee is qualified to perform the work required. If more qualified employees volunteer than are required, priority will be considered. If fewer qualified employees volunteer than are required, employees will be assigned based on qualifications, but by reverse priority.
ARTICLE 12
HIRING
12.1 The supervisor shall be responsible for all hiring of new employees.
12.2 It is understood that the slipboard is the property of the Union and that the chapel chairperson shall be responsible for its operation.
12.3 The Publisher is an equal opportunity employer. There shall be no discrimination in employment practices in violation of any applicable city, county, state or federal law.
ARTICLE 13
NOTICE PERIOD FOR NEW EQUIPMENT
13.1 When new technology, equipment, systems or processes are assigned by the Publisher which affect employees covered by this Agreement, the Publisher will notify the Union promptly upon the decision to introduce and assign technology or the date of lease or purchase from the vendor but in no instance shall the notice be less than thirty (30) days before the intended date of operation. The notice period is intended to provide an opportunity for employees to train for such operation, if such training is necessary.

ARTICLE 14
PRIORITY RULES
14.1 The priority date for new employees shall be the date of first shift worked.
14.1.1 All new employees must satisfactorily complete a probationary period which shall be the first six (6) months of employment. Terminations that may occur during the probationary period are not subject to review under Article 17 of this Agreement.
14.1.2 Once established, an employee can lose priority standing and thereby be terminated only by voluntary quit, discharge for just cause, retirement, permanent disability (as determined by treating physician), death, failure to return from approved leave of absence, failure to return from layoff upon recall within the time limits of Article 14.2.2, or failure to return from a medical leave of absence for off the job injury or illness, up to a maximum of six (6) consecutive months, or failure to return from a medical leave of absence due to an on-the-job injury up to a maximum period of nine (9) months, provided however, such maximum periods may be extended up to an additional three (3) months when, during the original leave, an employee is able to provide a statement from the treating physician declaring the employee will be released to work within the additional three (3) month period.
14.2 Layoffs to reduce the force will be based on priority within the area(s) of work in which an employee is deemed competent. A senior employee will not be laid off ahead of a junior employee so long as the senior employee is competent in the area of work affected by the layoff.
14.2.1 No employee will be laid off to reduce the force while an employee of lesser priority remains on a situation if the senior employee has not been given an opportunity to train and provided a reasonable time to become competent in the area of work affected.
14.2.2 An employee laid off to reduce the force shall be entitled to preferential recall for a period of one (1) year and he or she shall be re-employed to work he/she is competent to perform in order of priority standing.
14.3 Qualified employees may exercise their priority to claim new shifts, new starting times and new days off insofar as practicable. In order to be subject to priority claim, such new shifts, new starting times or days off must be scheduled on a regular ongoing basis exceeding two (2) weeks. Priority claims under this Article shall be limited to individuals accessing newly created or changed schedules, or schedules vacated as a result, and to claims by any individuals directly affected by such claim, including any individual displaced from a changed schedule and any individual displaced, in turn, by those displaced.
14.3.1 During the initial two hundred and sixty (260) work shifts, associates may be assigned work shifts and work assignments by the supervisor as an exception to normal priority procedures. Such assignments shall be for the purpose of insuring the associates the opportunity to train in various job responsibilities and areas.
14.4 In no case shall a supervisor transfer a person to an unfamiliar area of work and then declare the employee incompetent. It is understood, however, that when an employee declares him/herself competent for an area of work, the supervisor shall be the judge of such competency after the employee has been given a fair and reasonable test.
14.5 The priority board shall be opened for general claim the first full week of January, April, July, and October of each year.
ARTICLE 15
MANAGEMENT RIGHTS
15.1 All management functions or prerogatives allowed by State or Federal laws which the Publisher has not modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Publisher.
ARTICLE 16
PICKET LINES
16.1 During the life of this Agreement or any written extension hereof, the Union, on behalf of its officers, agents, stewards and members, agrees that so long as this Agreement or any written extension hereof is in effect, there shall be no strikes of whatsoever kind or nature (economic, sympathetic, unfair labor practice, or otherwise), slowdowns, walkouts, sit-downs, picketing, boycotts or any activities which interfere, directly or indirectly with the Publisher's operations. Nor shall there be any lockouts by the Publisher.
16.2 In the event any picket line is established by any labor organization at the Publisher's premises or places of business covered by this Agreement (whether in furtherance of a dispute or controversy with the Publisher, its parent; subsidiary or affiliated companies elsewhere in the State or country, or with a contractor or customer of the Publisher herein, or otherwise), employees covered by this Agreement continue to perform their regular and customary services at their normal work locations. Provided, however, that it shall not be a violation of this Agreement for members of the bargaining unit to honor or observe a proper primary picket line established by the Guild unit of the Pacific Northwest Newspaper Guild/CWA Local 37082.
16.3 It is further agreed that in cases of unauthorized strike, walkout or other cessation of work, the Union, its officers, employees and stewards shall make every reasonable effort to instruct employees participating in any such unauthorized action to return to work.
16.4 Any claim, action, or suit for damages or injunctive relief, which is commenced by the Publisher as a result of the Union's violation of this Article, shall not be subject to the Grievance and Arbitration provisions of this Agreement.
ARTICLE 17
STANDING COMMITTEE
17.1 Immediately after this Agreement becomes effective a special standing committee of four (4) members shall be selected, two (2) members of said committee to be named by the Publisher, and two (2) members by the Union. Immediately after the members of the special standing committee have been named, the Publisher shall send the names and addresses of its representatives on the special standing committee to the Union, and the Union shall send the names and addresses of its representatives on the special standing committee to the Publisher. In case of a vacancy on said special standing committee from any cause, said vacancy shall be filled immediately by the selection of a new member by the party in whose representation on the special standing committee the vacancy occurs. Each party shall notify the other party immediately of any change in its representation on the special standing committee. If at any time either party desires that one of its representatives on the special standing committee shall appear in the capacity of advocate before the committee provided for in this section, said representative shall resign from the committee and a new representative shall be selected in the manner hereinbefore provided. Members of the special standing committee may be represented by proxies.
17.2 Any dispute as to the meaning, compliance with or interpretation of, or application of any specific provision of this Agreement, which arises under and during the term of this Agreement which cannot be settled otherwise, and all disputes regarding discharged employees who satisfied the probationary period, will be referred to the special standing committee. The special standing committee must meet within five (5) days from the date on which either party hereto, through its authorized representative, notified the other party in writing that a meeting is desired, setting forth briefly the specific question to be presented, and shall proceed forthwith to attempt to settle any question raised by either party in the written notification. It is definitely understood and agreed that the special standing committee must meet within the five (5) days prescribed herein upon notification in the manner herein provided. It is understood and agreed that the special standing committee is established by the terms of this Agreement for the settlement of the disputes hereinbefore enumerated, and that the special standing committee is the proper body to take up such disputes and to settle them in the manner herein provided.
17.3 The special standing committee shall have complete jurisdiction over all the aforesaid disputes as provided herein. The special standing committee shall have no jurisdiction over the settlement of any new Agreement relating to wages, hours, and working conditions.
17.4 The special standing committee shall have complete power to reinstate a discharged employee or to confirm the discharge, and either the order of reinstatement or the order confirming a discharge shall be final and binding on the parties hereto. If a discharged employee is reinstated by the special standing committee the employee may be paid for actual time lost.
17.5 In discharge cases notice of intention to appeal to the special standing committee must be given directly to the special standing committee by the discharged employee through the executive committee of the Union within ten (10) days from the date of discharge or the right to appeal shall be lost.
17.5.1 In other matters, notice of intention to appeal to the standing committee must be given directly to the standing committee by the employee(s) affected through the executive committee of the Union within thirty (30) days of the event which gave rise to the dispute.
17.6 The supervisor shall not be required to reinstate a discharged employee unless and until ordered to do so by the special standing committee.
17.7 It shall require the affirmative votes of at least three (3) of the four (4) members of the special standing committee to decide the issues, and the decision of the special standing committee in all cases shall be final and such decision shall be binding on the parties hereto.
17.8 If the special standing committee cannot reach an agreement on any dispute within ten (10) days (this time may be extended by unanimous agreement) from the date on which a dispute is first considered by it, at the request of either party hereto, the members of the special standing committee shall form a committee of four and shall select a fifth member who shall be a disinterested party and who shall act as chair of the committee. Said fifth member may be selected in any manner agreed upon by three of the four members of the committee. Should this committee of four be unable to agree upon a fifth member within five (5) days, the fifth member shall be selected in the following manner: The Federal Mediation and Conciliation Service shall be jointly requested by the parties to name a panel of nine (9) arbitrators. The parties shall then choose the arbitrator by alternately striking a name from the list until one name remains as the arbitrator chosen by the parties. The five-person committee thus formed shall proceed with all dispatch possible to settle the dispute. 17.9 It shall require the affirmative votes of at least three (3) of the five (5) members of the committee to decide the issues and any decision thus rendered shall be final and binding on the parties hereto.
17.10 All expenses of the arbitrator and hearing room shall be shared equally by the Publisher and the Union.
17.11 Both parties agree that they will abide by all provisions of this section, and will not request or accept release from their commitment to arbitrate any dispute which may properly be settled by the standing committee.
17.12 If an award of the special standing committee or the arbitrator requires restoration of lost wages and benefits, the employee’s contribution to the 401(k) plan shall be deducted from the check representing the lost wages and distributed to the 401(k) plan at that time. The distribution shall be in the amount and directed to the funds as directed by the employee at time of reinstatement.
ARTICLE 18
MISCELLANEOUS
18.1 In the event that an employee is called to military or other service by the U.S.A., such employee shall be granted a leave of absence in accordance to the prevailing Federal law in effect at the time of leave.
18.2 Any employee absent from his or her employment to serve on a jury shall be paid his or her regular wages minus any pay received for such service. The absence shall be supported by a statement signed by the clerk of the court certifying as to each day of jury duty.
18.3 Officials of the Union, for the performance of official duties, shall be permitted to enter the composing room of the Publisher at any time during working hours, after notifying and securing appropriate security pass from the Labor Relations Department.
18.4 No chairperson or acting chairperson shall be subject to the disciplinary measures or discharge while performing the duties of that office detailed in this Section. These functions consist of the operation of the chapel slipboard, dues collection, providing assistance in the administration of vacation selection process and representational duties in disciplinary interviews as specifically authorized by the National Labor Relations Act.
18.4.1 Additional union duties of the Chapel Chair shall only take place during normal working hours pursuant to procedures and conditions agreed to from time to time by the Supervisor.
18.5 Chapel meetings on office time shall be allowed, by arrangement with the supervisor, provided time lost in attendance is made up; provided, further, no chapel meeting shall be held which, in the opinion of the supervisor, would interfere with edition times.
18.6 The Publisher agrees to furnish a clean, sufficiently ventilated, properly heated and well-lighted composing room, adequate and separate lunchroom and washroom facilities.
18.7 The Publisher will provide necessary new type of electronic equipment required to maintain electronic devices installed in the composing room.
18.8 It is understood that whenever in this Agreement employees or jobs are referred to in the masculine gender it will be recognized as pertaining to both male and female employees.
18.9 Employees not on the job security list shall retire on the first of the month following the youngest permissible age under the applicable laws governing mandatory retirement.
18.10 It is mutually agreed that this Agreement covers all matters affecting wages, hours and conditions of employment and that during the term of this Agreement neither party will be required to negotiate except as may be provided herein on any further matters affecting these or any other subjects not specifically set forth in this Agreement. It is further mutually agreed that all issues raised by either or both parties for the purpose of negotiating this Agreement have been negotiated and disposed of by the signing of this Agreement.
18.11 The failure of the Union or the Publisher to enforce any of the provisions of this Agreement or exercise any rights granted by law shall not be deemed a waiver of such right or a waiver of its authority to enforce such provision.
18.12 No provision or terms of this Agreement may be amended, modified, changed, altered or waived except by a written document executed by the parties hereto.
18.13 This Agreement may be opened in whole or in part by either party giving the other party sixty (60) days' written notice prior to the 15th day of August, 2008, and presenting the changes desired. Should the parties to this Agreement fail to reach an agreement on said changes prior to August 15, 2008, this Agreement shall then become null and void. (This time may be extended by mutual consent.)
18.14 The terms and conditions of this Agreement shall remain in effect during the period of negotiations for a new Agreement. Either the Publisher or the PNNG/CWA (Composing Employees) may terminate this Agreement by giving forty-five (45) days written notice to the other party of its intent to terminate the Agreement. At the expiration of said forty-five (45) days, this Agreement and all terms and conditions of this Agreement shall terminate.
18.15 It is agreed that the only parties to this Agreement are the Seattle Times Company, publisher of The Seattle Times of Seattle, Washington, constituting the party of the first part, hereinbefore sometimes referred to as the Publisher, and Pacific Northwest Newspaper Guild/CWA, Local 37082, (Composing Employees) by its officers or a committee duly authorized to act in its behalf, party of the second part.

In Witness Whereof, we have hereunto set our hands and seals this __________day of ________________________________.

THE SEATTLE TIMES COMPANY PNNG/CWA LOCAL 37082
(Composing Employees)

By _____________________________ By ____________________________

By _____________________________ By ____________________________

By _____________________________ By ____________________________

By ____________________________

By _____________________________

MEMORANDA OF UNDERSTANDING

between
SEATTLE TIMES COMPANY
and
PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082

(Representing Composing Employees)

September 22, 2006 through August 15, 2008
__________________________________________________________________________________________

The parties agree to the attached Memoranda of Understanding designated by subject and page number below and expiring with the collective bargaining agreement, with the exception of the Supplemental Agreement containing job guarantees and the Shared Jurisdiction Agreement.

Page
401(k) Savings Plan 26
Substance Abuse Policy 27
Shared Jurisdiction Agreement 35
Supplemental Agreement 37
Definition of Competence 48

THE SEATTLE TIMES COMPANY PNNG/CWA LOCAL 37082
(Composing Employees)

By _____________________________ By _____________________________

Date ____________________________ Date ____________________________

MEMORANDUM OF UNDERSTANDING

between
THE SEATTLE TIMES
and
PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082

(Representing Composing Employees)
_________________________________________________________________________________________

The Seattle Times proposes to make available to eligible employees represented by the undersigned union a qualified voluntary 401(k) savings program subject to the following understandings:

The Seattle Times 401(k) savings plan shall be administered solely by The Seattle Times; however, The Seattle Times' intention is to provide a plan which is as parallel as possible to The Seattle Times 401(k) plan for unaffiliated employees. At this time the only planned differences between the two plans are there will be no company matching contribution in the affiliated 401(k) plan.

The 401(k) savings plan for affiliated employees is expected to be available indefinitely; however, The Times reserves the right to terminate the plan. Events which would lead to such termination are unforeseen; however, examples of such events would include: the plan may not be considered "qualified" by the Internal Revenue Service and/or the United States Department of Labor; legislation may change which challenges the viability or liability of the plan; employee participation is too low to justify continuation of the plan; or legislation allows the adoption of a more meaningful but separate plan.

The Times will conduct voluntary seminars for employees interested in participating in this plan so they can make an informed choice to participate or not.

The Times also commits to advise the undersigned union of any changes in the design or administration of the savings plan in advance of such changes.

THE SEATTLE TIMES COMPANY PNNG/CWA LOCAL 37082
(Composing Employees)

By _____________________________ By _____________________________

Date ____________________________ Date ____________________________

ADDENDUM
to the
A G R E E M E N T
by and between
SEATTLE TIMES COMPANY
and
PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082

(Representing Composing Employees)

September 22, 2006 through August 15, 2008
__________________________________________________________________________________________

THIS ADDENDUM is supplemental to the AGREEMENT by and between the SEATTLE TIMES COMPANY, hereinafter referred to as the Employer, and PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082, hereinafter referred to as the Union.

EMPLOYER'S SUBSTANCE ABUSE POLICY

The Employer is committed to providing its employees with a safe, healthful and productive work environment and believes maintaining a drug and alcohol-free work place is essential to that objective. The Employer seeks to minimize safety related on-the-job accidents by employees and visitors through a company-wide substance abuse policy. This means that employees on the premises of any Employer facility or operating equipment owned or leased by or in the employment of the Employer regardless of location are expected to be free of any mood-altering substance, whether legal or illegal, that can negatively affect job performance or risk the health and safety of employees or the general community. It is the firm position of the Employer that alcoholic beverages or other drugs are not to be brought on the Employer's property nor consumed there at any time, except as prescribed in writing by a licensed physician. Employees taking prescribed medications must report safety restrictions on which they have been instructed by their physician or pharmacist and which might affect their safe performance of job duties. For purposes of this policy, employees are not required to reveal to their manager the name of the medication nor the medical condition for which they are being treated. The sale, purchase, transfer, use or possession of alcoholic beverages or drugs on the Employer's property is prohibited. Violators shall be subject to disciplinary action up to and including discharge and appropriate law enforcement officials will be notified when deemed appropriate by the Employer. The Employer supports providing assistance to individuals with substance abuse problems and has an Employee Assistance Program to help do so. However, employees who fail the standards of this program while at work risk termination. Any employee who is determined to have submitted an adulterated or substituted sample or has otherwise attempted to affect the outcome of testing under this policy will be subject to termination notwithstanding the employee assistance otherwise available to cooperating first-time offenders. It is the intent of this policy to encourage and support employee recovery from substance abuse through the Employee Assistance Program and the Employer will vigorously pursue the purpose of this policy.

ARTICLE 1 - ADMINISTRATIVE GUIDELINES

1.1 A drug shall be defined as any substance which may impair mental or motor function, including but not limited to, illegal drugs, controlled substances, designer drugs, synthetic drugs and look-alike drugs. Alcohol shall be defined as any beverage containing alcohol.

1.2 The use of drugs which are lawfully obtained and properly used shall be permitted provided their use does not interfere with the individual's proper and safe work performance.

1.3 The Employer shall be responsible for all costs incurred for testing done at its request.

1.4 The Employer shall provide training of no less than two (2) hours duration for its supervisors in problems of substance abuse and in recognizing impairment and conditions indicating potential substance abuse, and interpretation of this program.

ARTICLE 2 - CONDITIONS FOR TESTING

2.1 Probable suspicion shall mean suspicion based upon specific personal observations that an Employer representative can describe concerning the appearance, behavior, speech, or breath odor of the employee. Probable suspicion shall be documented at or near the time of observation. Normally, observation shall be by two (2) supervisors trained in the detection of probable drug/alcohol use. If observation by two (2) supervisors is not feasible, observation shall be by two (2) individuals, one of whom is a supervisor trained in the detection of probable drug/alcohol use by observing behavior. Being involved in a job related or vehicular accident during work hours may be considered, along with the circumstance of the accident, adequate to establish probable suspicion. Job or vehicular accidents and/or safety violations cited by State, County or City enforcement agencies need not require observation of behavior by anyone. However, a supervisor shall complete a "Reason For Testing" form prior to concluding that probable suspicion exists. Probable suspicion shall subject the affected employee to testing as provided for within this ADDENDUM.

2.2 An employee consenting to the testing shall be required to provide urine and breath samples on-site or shall be transported to the specimen collection/test site at the cost of the Employer. After the specimen is collected, and unless an immediate negative result is determined, the employee shall be transported to his residence.

2.3 In the event the test results are negative, the employee shall be immediately reinstated to his previous position, with full back pay based upon his regular straight-time work schedule and no further action shall be taken regarding this substance abuse program.

2.4 In the event the test results are positive, the employee shall not be permitted to return to work until the employee has been evaluated by an Employer-approved Employee Assistance Provider (EAP) or by an evaluator designated by the EAP. If the evaluation recommends treatment that prevents the employee from working, the employee shall be suspended without pay until the treatment no longer prevents the employee from working. Subsequent reinstatement shall be without loss of seniority. Any employee testing positive shall be permitted to return to work only if the employee signs the "Agreement For Continuation Of Employment", a copy of which is attached hereto for reference.

2.5 Under no circumstance shall the Employer or the Union be provided any information beyond the identification of a negative or positive outcome of any testing conducted, unless a grievance is filed, in which case all relevant information regarding the test results, testing methods and chain of custody shall be provided to both the Union and the Employer.

2.6 The rehabilitation provisions of this Agreement shall only apply to an employee on one (1) occasion. Positive drug/alcohol tests thereafter may result in immediate termination.

ARTICLE 3 - CONSENT AND TRANSPORTATION PROCEDURES

3.1 The Employer shall inform the employee that he has been observed in accordance with the procedures set forth within Article 2, Section 2.1 of this ADDENDUM and he appears to meet standards of probable suspicion and will be required to submit to a drug/alcohol test or that circumstances related to a job or vehicular accident in which he was involved requires that he submit to a drug/alcohol test.

3.2 The Employer shall give the employee a copy of the initial “Reasons for Testing Form” prepared pursuant to Article 2, Section 2.1 of this ADDENDUM. The Employer shall explain that because there exists probable suspicion of the type of incident cited in Section 2.1, it will be necessary to verify the employee's physical capability at that point in time.

3.3 In each and every case, the Employer shall read the "Consent Form" to the employee prior to obtaining the employee's signature authorizing the test and release of positive or negative test results. No changes shall be made on the "Consent Form". When applicable, both of the observing witnesses shall complete the "Reason For Testing" form. The Union representative shall not be required to complete the form. In completing the "Reason For Testing" form, the witnesses shall be as accurate and detailed as possible, recording their observations of the employee's behavior which led them to their decision to require an examination/test. The witnesses shall state what they actually observed, but refrain from making statements about possible cause of the behavior or making judgmental conclusions. If the employee refuses promptly to take the examination/test or sign a "Consent Form", the Employer shall:

- Make it clear to the employee that the request to sign the form and take the examination/test is a direct order.

- Ask the employee if he understands the order. If the employee responds that he does not understand the order, the supervisor shall explain the order again.

- Explain to the employee that failure to comply with the order constitutes insubordination which will result in termination.

- Issue a second direct order to sign the form and take the examination/test.

- If the employee refuses, inform the employee that he will be terminated.

3.4 The Employer shall arrange for on-site collection or if not available, for transportation and may accompany the employee to the specimen collection/test site. The Employer representative shall use his best efforts to notify the Union that the employee is being required to provide urine and breath samples, and shall conduct or transport the employee to the specimen collection/test site. If the employee requests the presence of a Union representative at the time of the testing or at the time of the request of testing, testing shall be delayed for no more than one hour in order to permit a Union representative to reach the location. A photo identification may be required to assure identity of the tested employee. If no photo identification is available, a supervisor of the Employer will identify the employee. At the conclusion of the specimen collection the Publisher shall transport the employee in accordance with the procedures set forth within Article 2, Section 2.2 of this ADDENDUM.

ARTICLE 4 - TESTING PROCEDURAL SAFEGUARDS

4.1 The Employer shall select a laboratory approved by the National Institute On Drug Abuse (NIDA). Testing shall follow the NIDA mandated drug testing control and custody procedures for testing and chain of custody. The Employer and the laboratory shall provide quality control procedures and shall assure the maximum in privacy and confidentiality.

4.2 In the event of a positive test result, the employee may within forty eight (48) hours (weekends excepted) request a sample of his test specimen from the medical facility for the purpose of retesting at a NIDA approved drug/alcohol testing laboratory. The chain of custody for this sample shall be maintained between the original testing laboratory and the employee's NIDA Certified Laboratory. Retesting shall be performed at the employee's expense. In the event of conflicting results, the Employer may require a third test. Should the results of this third test be positive, the employee shall be subject to the procedures set forth within Article 2, Section 2.4 of this ADDENDUM. In the event of negative test results on the retest, the Employer shall pay for the retests and any lost wages as provided for pursuant to Article 2, Section 2.3 of this ADDENDUM.

4.3 The Union shall have the right to use the grievance/arbitration procedure to challenge deviations from the testing procedures provided herein.

4.4 The Employer reserves the right to require additional safeguards that serve the best interest of the employee or the Employer's Substance Abuse Program, subject to the mutual agreement of the Union.

ARTICLE 5 - HOLD HARMLESS

5.1 The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits or liabilities that may arise out of the Employer's application of the Substance Abuse Program.

ARTICLE 6 - ANNUAL REVIEW

6.1 This Substance Abuse Program shall be subject to annual review. The Union shall be given an opportunity to meet and confer regarding any change in the program.

ARTICLE 7 - PROHIBITED SUBSTANCES

7.1 The Employer may elect to test for any/all of the following substances. Except as indicated below, the threshold level for positive test results shall be those adopted by the National Institute On Drug Abuse (NIDA) at the time of the test.

Amphetamine Phencyclidine
Barbiturate Methaqualone
Cocaine Propoxyphene
Marijuana Lysergic Acid Diethylamide
Opiates Monoacetyl Morphine
Benzodiazepine .05 alcohol urine levels or breath alcohol levels
Methadone

AGREEMENT FOR CONTINUATION OF EMPLOYMENT FORM

THIS AGREEMENT is entered into by and between the SEATTLE TIMES COMPANY, hereinafter referred to as the Employer, and PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082, (Composing Employees) hereinafter referred to as the Union, and __________________________________, hereinafter referred to as the Employee. The Employer is committed to providing channels of assistance for employees seeking rehabilitation. However, the Employee seeking rehabilitation must be committed in his efforts to remain drug and alcohol free. Therefore, as part of the Employee's commitment to remain free of drug and alcohol use, it is understood that the Employee's continuation of employment by the Employer is based upon and constrained by the following terms:

1. The Employee must submit to evaluation of potential drug or alcohol problems by a recognized and certified evaluation professional selected from the attached list or agreed to by the Union and the Employer or "the Employee Assistance Program (EAP) provider or the EAP's designee". This evaluation should be completed within one week from the signature date of this document.

2. The Employee must agree to participate in all rehabilitation treatment recommended by the counselor performing the evaluation.

3. The Employee must authorize their counselors to provide a copy of the rehabilitation treatment recommendations and regular progress notes regarding the Employee's treatment program to the Employer.

4. The rehabilitation facility shall agree to closely monitor the Employee's attendance at all required sessions. The rehabilitation facility shall notify the Employer of the Employee's failure to satisfactorily attend treatment sessions. Failure of the Employee to adhere to the program for treatment shall subject the Employee to disciplinary action by the Employer, up to and including discharge.

5. The Employee, the Employer and the Union mutually agree that the Employee's continuation of employment for the next nine (9) months or during the term of any recommended treatment, should it extend beyond nine (9) months shall be contingent upon his satisfactorily meeting all of the terms outlined in this Agreement, and that failure to do so may subject the Employee to immediate termination of employment with the Employer.

6. In the event the Employee is absent from work due to health reasons during the next nine (9) months or such period of rehabilitation treatment as outlined by the counselor if the period extends beyond nine (9) months then he must promptly submit a written doctor's certificate explaining the reason for such absence. The Employer may take disciplinary measures up to and including discharge if the absence is a result of or related to the use of drugs or alcohol.

7. During the nine (9) month period or such period of rehabilitation treatment as outlined by the evaluation counselor should it be longer, the Employer may test the Employee for alcohol and drug use on a random basis. Such random test shall not exceed four (4) such random tests during this period. However, such random tests shall be recognized as being in addition to any tests that may be necessitated on a for cause basis as defined in the Employer's Substance Abuse Program or any such random tests performed by the treatment center as part of their program to monitor compliance with their treatment program. The Employee shall be subject to disciplinary action up to and including discharge if he refuses to submit to testing or if the Employee tests positive for drugs or alcohol during this time period. The Employee must authorize the treatment center to release results of all testing to the Employer.

8. If the Employee successfully completes treatment and has no positive drug/alcohol tests within nine (9) months, the initial positive test shall not be used in any future discipline or personnel action unless it relates to substance abuse.

At the Employer's discretion, in lieu of discipline and/or termination, the Employee understands that if he does not meet the terms of this condition as hereinbefore set forth, the Employer may require the Employee to submit to in-patient care for rehabilitation and to agree to a renewal of this Agreement for an additional twelve (12) month period thereafter.

This Agreement is voluntarily entered into by all parties and in consideration for continuation of employment, the above conditions are hereby agreed to.

Dated this __________ day of__________________________, ____.

SEATTLE TIMES COMPANY EMPLOYEE

By _______________________ By ___________________________

DRUG/ALCOHOL SCREEN PERFORMANCE CONSENT FORM

Employee Name: ________________________________________________________________________

Date: _________________________________________________________________________________

Name of Employer Representative
Requesting Exam: _______________________________________________________________________

Name of Employer Representative
Accompanying Employee _________________________________________________________________

Medical Consent - I consent to the collection of urine and/or breath samples by the hospital/laboratory staff as requested by the Employer and to determine the presence of drugs/alcohol, if any.

Authorization to Release Information - I authorize the hospital/laboratory to release the results only to the Employer's designated representative. I authorize the Employer's designated representative to release a statement that the test result is positive or negative to only the Employer, attention: _____________(Insert Name) _____ ____________________

I understand that a positive test result on these tests may be grounds for termination, subject to the terms of the Employer's Substance Abuse Policy.

____________________________________ ______________________________________
Employee's Name (signature) Date

____________________________________ ______________________________________
Employer Representative (signature) Date

____________________________________
Employer Representative (print name)

REASONS FOR TESTING REPORT FORM

When requesting a Performance Impairment Exam, the Employer Representative must complete this form and attach it to the "Drug/Alcohol Screen Performance Consent Form." Please describe the behavior or reported behavior that causes you to suspect ________________________________________________________ is impaired.

Speech:_________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Dexterity:
Standing/
Walking ________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Judgment/
Decision Making _________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Appearance:
(Eyes, Clothing etc.) _____________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Non-Observed
Incident _______________________________________________________________________________

______________________________________________________________________________________

Supervisor:_________________________________________

Witness:___________________________________________

Date:______________________________________________

SHARED JURISDICTION AGREEMENT
between
THE SEATTLE TIMES COMPANY
and
PACIFIC NORTHWEST NEWSPAPER GUILD/CWA, LOCAL 37082
(Representing Composing Employees)

Effective Date of Ratification to, and including, May 31, 2009

THIS AGREEMENT is made and entered into by and between the Seattle Times Company, hereinafter referred to as the Publisher, Pacific Northwest Newspaper Guild/CWA Local 37082, (Composing Employees) hereinafter referred to as the Union(s). It shall apply solely to electronic composition of display advertising of the Company.

WITNESSETH: All parties to this Agreement mutually agree that their object is for the good and welfare of the Publisher and employees alike and in the interest of collective bargaining and the promotion of customer satisfaction.

ALL PARTIES to this Agreement recognize the need to implement the changes negotiated herein in light of constantly changing technology and the blurring of traditional lines of work jurisdiction. The combination of these technological changes with The Seattle Times' focus on better, more flexible customer services has resulted in changes in the Agreements with each Union that support the direction which The Seattle Times is moving. The purpose is not to undermine the Union's role, but instead to move forward and provide meaningful work opportunities for present and future members of the Union(s).

1. RECOGNITION: Composing Employees and Guild, or their successor union(s), will continue as exclusive representatives for the respective employees each Union currently represents.

2. SCOPE: Any matter not specifically covered herein shall be governed by either the Composing Room or the Guild collective bargaining agreement.

3. JURISDICTION: The Unions will share jurisdiction over electronic composition of all display advertising covered by their respective collective bargaining agreements. Neither Union will dispute the assignment of work to employees represented by the other in the creation and make-up, modification or correction of display ads. The Publisher agrees that all work to be assigned to and performed by employees covered by this Shared Jurisdiction Agreement will not be assigned to and performed by other employees of the Publisher.

4. FUTURE EMPLOYMENT: Effective date of this Agreement it is intended that future work assignments will keep the size relationship relatively in balance between the employees in the composing room and employees in the creative services who perform the work covered by this Shared Work Agreement.

Staffing modifications which will result in a change in the size relationship between the employee groups will be brought to the Joint Operating Committee for discussion and resolution which will take into consideration skills necessary to meet customer needs. Vacancies that occur by attrition can be filled without discussion.

If the Committee is unable to reach a decision, the Publisher will decide.

5. JOB SECURITY: No present employee of the Company shall suffer loss of employment, benefits or working conditions solely as a result of this Agreement.

6. JOINT OPERATING COMMITTEE: There shall be established a Joint Operating Committee composed of two (2) representatives of each party to this Agreement selected in such manner as each party determines. This Committee shall address such problems that may arise from this Agreement. Furthermore, this Committee shall have the authority to make changes in this Shared Jurisdiction Agreement during its term, subject to approval by all parties to this Agreement.

7. TRAINING: Any employee asked to perform new work as required by this Agreement, which requires training due to new technology or processes, will be provided ample training to acquire skills necessary to perform such work. Such necessary training shall be included within the employees scheduled working hours.

Unless the training is routine in nature and minor in duration, the objectives, design components and expected results will be first discussed with the Joint Operating Committee.

8. DISPUTE RESOLUTION: Each party may file a grievance based on their respective collective bargaining agreement. Said grievance shall go to the representatives on the Joint Operating Committee for discussion and, if possible, a decision. If the Joint Operating Committee is unable to resolve the issue the matter shall be referred to the Special Standing Committee provisions of the Union filing the grievance. Should the dispute go to arbitration the Union not filing the grievance shall be an interested party in the arbitration and the arbitrator rendering the decision shall apply the decision to all parties. No party shall have the right to overrule the party filing the grievance.

THE TERM of this Agreement shall be from the date of ratification by the members of both Pacific Northwest Newspaper Guild/CWA, Local 37082, Composing employees and Guild employees whichever comes later, until and including May 31, 2009.

THE SEATTLE TIMES PNNG/CWA #37082 (Composing) PNNG/CWA #37082 (Guild)

_________________________ _________________________ _________________________

Dated ____________________

SUPPLEMENTAL AGREEMENT

This Supplemental Agreement, made and entered into this 21st day of October, 1974, amended the 21st day of February, 1988, and further amended this 9th day of January, 2001, by and between the Seattle Times Company, hereinafter referred to as the "Publisher," and Pacific Northwest Newspaper Guild/CWA, Local 37082, (Composing Employees) hereinafter referred to as the "Union," shall be attached to that certain Collective Bargaining Agreement between the Seattle Times Company and Pacific Northwest Newspaper Guild/CWA, Local 37082, (Composing Employees) dated September 22, 2006.
The Publisher agrees:

WORK ARRANGEMENT
1. Operations of scanners when this equipment is performing Composing Room work within the jurisdiction of the Union.
(a) Classified Ads
Single column classified ads prepared scanner ready without borders, cuts or illustrations, will be accepted and processed in the Composing Room. All other single or multi-column classified ads, including corrections and alterations, will be keyboarded and processed by Composing Room employees covered by this agreement. The number of columns, the use of borders, signs, emblems, logos, signatures and/or reverses, which can be produced on a photocomposition machine by simple instruction code, shall not convert a classified ad into a classified display ad.
(b) Display Ads Including Classified Display
All Display advertising copy, including classified display, will be typed and prepared for the scanner by Composing Room employees.
(c) News and Editorial, General
All scanner ready copy produced and received by the news and editorial department of the Publisher will be accepted and processed by Composing Room employees. Copy received by the Publisher which is not scanner ready or scanner acceptable will be typed or perforated by Composing Room employees. No typing pool will be created or used to prepare such copy the Composing Room, however, copy which is now typed by employees not covered by this agreement may continue to be typed and made scanner ready before submission to the Composing Room.
(d) Wire Service and Syndicated Copy
All wire service and syndicated copy that is received by the editorial department of the Publisher scanner ready or as direct computer input will be accepted in original and edited form and processed by Composing Room employees.
(e) Coding
(1) All coding for display ads, including classified display ads, will be done by Composing Room employees.
(2) Composing Room employees will provide only the external cover coding (header sheet) when required for classified ads, general news, editorial copy, and syndicated copy.
(f) General
The news and editorial department may utilize VDT terminals to recall OCR scanner prepared or direct input material from electronic storage to make editorial changes.
(a) At the time a story has been set in type or ready for electronic page makeup, and editorial changes are required for that edition, such work shall be performed in the Composing Room.
The Classified Department may utilize VDT terminals to recall single column classified ads, without borders, cuts or illustrations, from electronic storage in order to correct, add, delete, or kill copy, and also for the addition of necessary coding.
2. Operation of Video Display Terminals in the Composing Room
Subject to the limitations below, the Publisher reserves the right to assign, reassign, transfer, or eliminate any of the work as a result of new technology, equipment, systems or processes. The Publisher shall have the right to determine what constitutes such technology, equipment, systems, or processes. The employees shall process any copy, or input material of any kind.
However, in no event will the Publisher assign the following work outside to non-Composing Room employees:
a) Paid display advertising that requires composition of type or making up or updating, when received by the Publisher, or paid display ads requiring correction or alterations when received by the Publisher. An exception is the text of display ads which require keystroking as part of the sales effort at the point of sale. That keyboarding will not be duplicated when received in the Composing Room.
b) Paid classified display advertising which requires composition of type or making up or updating when received by the Composing Room, or paid classified display advertising which requires corrections or alterations when received by the Composing Room. The Publisher agrees not to install display ad make up terminals outside the composing room in order to perform work in violation of the union's jurisdiction.
All material keyboarded by the Composing Room shall be proofread, regardless of the method used, by the Composing Room.

3. Appropriate Bargaining Unit
Should new technology eliminate or replace work performed within the jurisdiction of the Union, as referred to in the Labor Agreement, then the jurisdiction of the Union and the appropriate unit for collective bargaining is defined in 2(a) and 2(b) of the Supplemental Agreement.
4. Reproduction
It is recognized that this contract differs from the agreement which expired July 31, 1974 between the parties in that it includes provisions for specific additional benefits and preservation of work opportunities for employees in lieu of previous contract provisions which required the reproduction of certain advertisements received from sources outside of the Composing room. It is understood and agreed that the Publisher has the right to use such material without subsequent reproduction of such work by employees covered by this agreement. The Publisher agrees not to subcontract work normally performed in the Composing Room, but material coming in from advertisers that heretofore has been reproduced shall not be considered subcontracting. It is further recognized that the contract provision requiring all work within the jurisdiction of the Union to be performed only by journeymen and associates covered by this agreement is not applicable to the work referred to in this paragraph.
5. Notice Period
When new technology, equipment, systems or processes are assigned by the Publisher which affect employees covered by this Agreement, the Publisher will notify the Union promptly upon the decision to introduce and assign technology or the date of lease or purchase from the vendor but in no instance shall the notice be less than thirty (30) days before the intended date of operation. The notice period is intended to provide an opportunity for journey level employees, or associates to train for such operation.
6. Other Work Assignments
Composing room employees shall also perform work as the Publisher may direct which may not be covered by this Agreement. When employees perform such work, it is understood this work will not, by performance, come under the jurisdiction of the Union.
7. System Input
Subject to new technology, on the occasions when display advertising materials (such as borders, signs, logos, emblems, signatures, reverses, or other advertising graphics) must be entered into the electronic display advertising system, employees covered by the collective bargaining agreement shall perform such work.
8. News Paste-Up
The Publisher recognizes new technology, systems, or processes may decrease the News paste-up function; however, the decrease will occur gradually over time. To the extent the News paste-up continues, except pasting-up text which is incorporated with graphics and any other paste-up material presently excluded, employees covered by this agreement shall continue to do such paste-up work.
9. Transfers
9.1 Both parties recognize the addition or expansion of technology may create a surplus of employees in the Composing Room.
9.2 Therefore, the Publisher will extend an extra effort to make Composing Room employees aware of job opportunities in other departments of The Times by posting known job openings in the Composing Room.
9.2.1 Job-guaranteed employees who are successful candidates for other positions shall receive the following assurances and protections:
9.2.1(a) The employee shall retain his or her job guarantee in the Composing Room subject to the Supplemental Agreement provided the employee remains a member of the Union in good standing.
9.2.1(b) The employee may return to the Composing Room and exercise his or her priority rights after providing reasonable notice to the department to which the employee transferred and to the Composing Room.
9.2.1(c) The employee shall be paid and receive benefits in accordance with the policies or labor agreement associated with the job to which the employee transferred. However, if the transferred job pays less than the rate of pay for the guaranteed employee in the Composing Room, The Times will pay the employee the hourly differential, plus any overtime adjustment that may be necessary under the provision of the department's labor agreement.
9.2.1(d) Unless transferred to a salaried position, the transferred employee shall receive the equivalent of the productivity leave described in the Supplemental Agreement, such equivalent to be paid in the form of a bonus each January.
9.2.1(e) Employees who volunteer to transfer and are successful in the new job assignment shall receive an incentive of not less than $1,000 as a completion bonus following the annual anniversary of the transfer and the next two anniversaries thereafter.
9.3 Surplus employees may be temporarily assigned to meaningful project jobs or activities outside the Composing Room, subject to the following limitations and understandings. Such meaningful projects shall not include work in the production departments or work which violates the jurisdiction of other Seattle Times labor agreements.
9.3.1 The Publisher shall post a description of the project jobs or activity in the Composing Room. The posting will include such information as:
9.3.1(a) A description of the work assignment, the department and supervisor involved.
9.3.1(b) The anticipated duration of the activity.
9.3.1(c) The anticipated hours of work and days off.
9.3.1(d) The number of people required in the project.
9.3.2 Employees shall notify the supervisor of their interest in the project.
9.3.3 If more employees volunteer than the project requires, subject to production or training considerations, the supervisor will make the assignment by priority.
9.3.4 If fewer employees volunteer than the project requires, the supervisor may assign employees to the project by inverse priority, provided no employee shall be required to transfer to a project more than one time each calendar year, except by mutual agreement.
9.3.5 Employees assigned to such projects shall be compensated in accordance with this Agreement.
9.3.6 Employees are expected to make a best faith effort to satisfactorily perform all duties assigned to bring the project to a successful conclusion. However, the parties recognize an employee may, occasionally, be unable to perform such work or may lose interest in the project. For these reasons, the employee may return to the Composing Room at any time at self-request or the project supervisor may remove the employee from the project.
9.4 The parties to this Memorandum of Agreement agree that job guarantee employees who voluntarily transfer to positions outside the Composing Room shall be required to work in accordance with the rules, policies or labor agreements which govern the working arrangements of the department to which the employee transferred.
10. Retirement Incentives
10.1 The Publisher has the right to develop and offer periodic retirement incentives to individuals named on the job security list after consultation and notification to the Local Union.
10.2 Each year the Publisher shall provide the Union and post in the Composing Room the minimum number of employees the Publisher has determined to be excessive for the period following the posting, if any, after consultation and notification to the Local Union.
10.3 The posting shall also include the retirement incentive plan of the Publisher.
10.4 Following the posting, but for not less than thirty (30) days, the job-guarantee employees may indicate their desire to terminate employment with the Publisher, up to the maximum employees determined by the posting. Such employees shall be entitled to the incentives in the amount, form and frequency as appears in the Publisher posting.
10.5 If more employees volunteer to terminate than are determined to be excessive, the employee's priority standing will determine the employee(s) eligible for incentive retirement.
10.6 At minimum, the Publisher's incentive plan shall be as follows:
10.6.1 Upon termination, employees may elect to receive a lump sum incentive in an amount not less than Twenty-five thousand dollars ($25,000) (subject to lawful taxes and authorized deductions including union dues) or;
10.6.2 Upon termination, employees may elect to receive a supplemental retirement incentive in the amount of Nine hundred dollars ($900) per month (subject to lawful taxes and authorized deductions including union dues). The employee shall receive the supplemental retirement incentive for a period of thirty-six (36) months.
10.6.2 (a) In the event of the death of an employee receiving the supplemental retirement incentive, if the employee has received less than Twenty-five thousand dollars ($25,000) in benefits, the employee's estate shall be paid Nine hundred dollars ($900) per month until the combination of payments to the employee and the estate equals Twenty-five thousand dollars ($25,000). If an employee has received Twenty-five thousand dollars ($25,000) or more at the time of death, no further payments will be made to the estate.
10.6.3 For any employee who terminates, the Publisher will continue to pay for the retired employee the Publisher's portion of the employee's health and welfare until the employee qualifies for Medicare or for a minimum period of 24 months, but in no event for a period greater than 60 months. In any event, the coverage will terminate if the retired employee obtains coverage with another employer.
10.6.4 The retiree will pay any employee portion that may be required or the