Pacific Northwest Newspaper Guild


	Seattle Times PACIFIC NORTHWEST NEWSPAPER GUILD/CWA LOCAL #37082 September 22, 2006 through July 21, 2008 TABLE OF CONTENTS ARTICLE PAGE Departments and Exclusions Temporary Employees 1 Guild Shop 2 Information 3 Jurisdiction 4 Reduction in Force 5 Probation/Termination 6 Rehire List 7 No Discrimination 8 Wage Minimums 9 Substitute Pay 10 Part-time Employees 11 Issues specific to district advisors 12 Issues Specific to the News Department Bylines 13 Insured Benefits Medical Dental Long Term Disability Vision 14 Hours of Work, Overtime, Scheduling 15 Paid Time Off Holidays Vacations Sick Leave Bereavement Leave 16 Leaves of Absence Personal Leave Fellowship Maternity/Paternity Medical Leave Newspaper Guild Leave Military Leave 17 Retirement, Dismissal, and Death Benefits Retirement Dismissal Death Benefit 18 Transfers, Promotions Promotions Transfers 19 Expenses Automobile Expense Photographers Liability Insurance Overnight Expense Personal Property 20 Dues Check Off 21 Grievance Process 22 Outside Activity 23 Picket Lines 24 New Equipment 25 Miscellaneous Bulletin Boards Rules Personnel Files Safe Conditions 26 Management Functions 27 Term Memoranda of Agreement Commission Sales Employees Photographers' Equipment Option Plan Lead News Assistants and Research Assistants News Assistants Long-term Flexible Work Agreement Four 10-Hour Workweek 401(k) Savings Program Appendix A Incentive Program Addendum Substance Abuse Program Subsidiaries/Cross-Selling Agreement New Media Agreement Job Sharing Agreement CONTRACT THIS AGREEMENT, effective September 22, 2006, between the SEATTLE TIMES COMPANY, a corporation, hereinafter referred to as the "Publisher," and PACIFIC NORTHWEST NEWSPAPER GUILD, Local 37082, a local chartered by The Newspaper Guild-Communications Workers of America, hereinafter known as the "Guild" for itself and on behalf of all employees of the Publisher within the following DEPARTMENTS: News, Circulation, Advertising, Promotion and Library, but EXCLUDING the following executive and supervisory positions which may be occupied by one or more individuals: Vice President Advertising Advertising Budget and Systems Manager Advertising CRM Manager Advertising Direct Marketing Manager Advertising Design Manager Advertising IT Manager Advertising Marketing Manager Advertising Marketing & Promotions Manager Advertising Training Specialist Advertising Training & Development Manager Classified Category Sales Manager Classified Customer Sales/Support Manager Director Classified Advertising Director Local Retail Advertising Director National Advertising Display Advertising Sales Manager Display Inside Sales Manager Director Majors Advertising Marketing Database Specialist Media Planning Specialist Product Development Manager Product Performance Revenue Analyst Promotions Specialist Sales Support Manager Senior Data Reporting Specialist Target Marketing Manager Technical Sales Specialist TMC Sales Manager ~~~~~~~~~~~~~~~ Vice President Circulation Director of Circulation Operations Assistant Home Delivery Manager Strategic Business Development Manager Business Intelligence Manager Marketing and Promotions Manager Business Intelligence System Coordinator Circulation Creative Services Manager Circulation Systems Manager Circulation Systems Business Manager Customer Relations Manager Customer Relations Trainer Customer Retention Manager Customer Care Manager Customer Relations Business Manager Direct Sales Manager Director of Consumer Marketing/Circulation GIS Specialist NIE Development and Program Manager Home Delivery Manager Kiosk Sales Administrator Zone Supervisor New Business Development Manager NIE Funding/Program Coordinator NIE Program Coordinator NIE Youth Outreach Specialist Outside Sales Manager Senior State Area Manager State Circulation Manager State Area Manager Targeted Acquisition and Retention Manager Warehouse Manager ~~~~~~~~~~~~~~~ Senior Vice President & Executive Editor Arts & Entertainment Editor Assistant A&E Editor Assistant Business Editor Assistant Managing Editor Assistant Metro Editor Night News Editor Assistant Northwest Life Editor Assistant Sports Editor Associate Editor Associate Editorial Page Editor Associate Managing Editor Business News Editor Business Editor Chief of Desk Editors Deputy Business Editor Deputy Managing Editor Deputy Metro Editor Deputy News Editor Northwest Life Editor Design Director Eastside Editor Editorial Page Editor Executive News Editor Food/Families Editor Investigations Editor News Presentation Director Local News Editor Managing Editor Metro Editor Features Copy Desk Chief IT Manager Newsroom Office Manager Pacific Northwest Editor Photo Director Photo Production Manager Picture Editor Features Editor School Guide Coordinator Snohomish Bureau Editor Sports Editor Deputy Investigations Editor Technology Editor Travel Editor National/Foreign News Editor Writing Coach ~~~~~~~~~~~~~~~ Research Editor ~~~~~~~~~~~~~~~ VP of Corporate Marketing Creative Marketing Manager Events Manager Marketing Project Manager Sponsorships Manager Corporate Marketing and Community Contributions Manager Marketing Production Manager Media Planning Specialist Media Research Specialist Primary Research Manager Media and Marketing Research Manager Research Manager for Circulation and Readership Development Research Special Projects Manager Strategic Research Director and also excluding other managerial and supervisory employees as defined by the National Labor Relations Act, temporary employees, executive assistants, confidential secretaries, employees covered by another collective bargaining agreement, and employees who qualify for professional or administrative exemption under the Fair Labor Standards Act, unless the person occupies a position for which there is a job title in the Agreement. A temporary employee is defined as an individual employed for a special project or for a specified period of time, or to fill a full or part-time short-term staffing need for a period not to exceed six (6) months. An employee employed for a special project or for a specified period of time or a short-term staffing need may not be classed as a temporary employee for more than six (6) months except by mutual agreement between the Guild and the Publisher, provided, however, a temporary employee may be employed to replace a regular employee in a leave of absence for the period of such leave plus one month of training, not to exceed thirteen (13) months. If during the period of a temporary assignment an employee transfers to a Guild represented position, the employee's service while a temporary will qualify as continuous service for every purpose of this Agreement, except for satisfying the employee's probation. W I T N E S S E T H ARTICLE 1--GUILD SHOP 1.1 No fewer than nine (9) out of ten (10) employees coming under the terms of this contract at the present time or hired after the effective date thereof shall apply for Guild membership in the manner and to the extent required by law. Exemptions under the nine (9) out of ten (10) Guild shop shall be on a departmental basis. This shall be construed to mean that no fewer than ninety percent (90%) of the employees hired in each department shall apply for membership in the Guild. An employee once properly exempted under this provision shall remain exempted except as he or she voluntarily chooses to change status. For the purpose of this section there are five departments: News, Circulation, Advertising, Promotion and Library. 1.1(a) Each new employee shall receive an information sheet outlining benefit and eligibility criteria for employees covered by this collective bargaining agreement. 1.2 In the event of an employee’s failure to become a member within thirty (30) days after written demand by the Guild that the employee apply for membership in accordance with the obligations of this Agreement, the employee shall be terminated. The Publisher shall not be obligated to terminate an employee under this provision without first receiving formal notice and written certification from the Guild of the employee’s refusal or failure to become a member or to otherwise exercise an available contractual or legal option to full membership, and that the Guild has provided the employee with information required by law. All employees who become members of the Guild shall remain members in good standing during the life of this contract. 1.3 If any Guild member shall lose good standing by falling one (1) month in arrears in Guild dues, uniformly required as a condition of retaining membership, the Publisher shall, upon formal notice from the Guild, terminate said employee. The Publisher shall be held harmless and shall not be liable for any damages in its administration of this provision. 1.4 The Guild agrees that it will admit to membership and retain in membership any employee qualified according to the Constitution of The Newspaper Guild and by-laws of the local Guild. 1.5 Any employee who is terminated under the provisions of Sections 1.2 and 1.3 shall receive no dismissal pay. 1.6 Terminations under this article shall not be subject to review under Article 21. ARTICLE 2–INFORMATION 2.1 The Publisher shall furnish to the Guild, in writing, within two weeks after an individual's employment or transfer the following information: a. Name b. Address c. Social Security number d. Date hired or transferred (if transferred from temporary status, date hired as temporary) e. Department f. Pay group and job classification g. Experience rating h. Anticipated hours of work if part-time i. Weekly wage rate (hourly for part-time employees) 2.2 The Publisher shall also furnish to the Guild, in writing, at two-week intervals, the name, pay group, and effective date of an individual's change in status, including temporary changes, concerning the following and such other information as may be indicated: a. Terminations b. Leave of absence, including anticipated length c. Transfers out of jurisdiction, including where transferred d. Experience rating e. Pay group, including experience rating f. Job classification g. Part or full-time h. New weekly wage rate (hourly for part-time employees) 2.3 The Publisher shall also furnish to the Guild the following information and reports at the frequency noted: a. A bi-weekly sick pay report of individuals qualified but not compensated for sick leave, including their name, hours paid and not paid. b. Each six months, a list of temporary employees during the six month period, including name, job classification, hire date, termination date or date assigned to a regular position. c. Each month, commissions paid to commission sales employees for immediately preceding month. d. As required, the names of individuals placed on the rehire list and the names of individuals rehired from such list. ARTICLE 3--JURISDICTION 3.1 The jurisdiction of the Guild shall cover all functions presently performed by the employees specified in this agreement. New work may be assigned or reassigned to such employees without precedential effect. Any such work not appropriately assigned may be reassigned to other employees or departments. 3.1.1 It is recognized that work presently performed by employees within the bargaining unit described above may from time to time be subject to reassignment and/or elimination because of new or modified processes or equipment employed by the Publisher, or based on the demonstrable operational needs of the Publisher. 3.1.2 The Publisher agrees to notify the Guild, at the earliest time practical, of any plans to make substantial changes to the existing organization of work or technology. ARTICLE 4--REDUCTION IN FORCE 4.1 Terminations may be either (1) for good and sufficient cause, or (2) to reduce the force. The term "reduce the force" as used herein shall be construed as synonymous with terminations for economy. In any case where the Publisher contemplates the termination of an employee with forty-five (45) or more work days of continuous and uninterrupted service, such employee shall be given two (2) weeks' notice (or two [2] weeks' pay in lieu thereof) with copy to the Guild, so that the Union may consult with the Publisher on the case. 4.2 The prerogative of the Publisher to terminate to reduce the force shall be maintained. At least four (4) weeks in advance of the effective date of such terminations, the Publisher will notify the Guild so that, if requested by the Guild, there may be consultation for the purpose of considering possible means by which the hardship of such terminations may be alleviated. The Publisher agrees that the four-week notice period required (or pay in lieu) is a minimum period, and that often it will be desirable and helpful to employees to receive more advance notice than the minimum. The Publisher agrees to exercise its discretion in good faith and to give more notice to the greatest extent possible in keeping with business considerations. 4.2.1 The Publisher will accept offers of voluntary resignation from employees in job classifications scheduled for reduction during the first two (2) weeks of the four (4) week advance notice period. The number of resignations accepted will not exceed the number of terminations to be effected. 4.2.2 Voluntary resignations will be accepted from employees only when a remaining employee has the ability to do the work or special abilities or qualifications for the particular job vacated as the result of the voluntary resignation. Terminations to reduce the force shall not be subject to review under Article 21 except the provisions of this paragraph and Section 4.3. 4.2.3 Before any voluntary resignations are accepted the Publisher may retire any employee subject to mandatory retirement as provided below. 4.2.4 Any employee voluntarily resigning will be paid dismissal pay as set forth in Article 17, Section 17.2. 4.3 The Publisher agrees that the principle of company seniority shall be the governing factor in any reduction in the work force. Company seniority shall determine the employee or employees within a job classification to be terminated in a reduction in force for economy reasons, unless there are significant differences in qualifications for the particular function or special abilities demonstrably not available from the more senior employee. Where there are such differences the Publisher may retain the less senior employee. 4.4 Whenever the Guild decides that a reduction in force has occurred in such a manner as to violate the provisions of the above paragraph, the Guild shall have the right to submit the matter to arbitration as provided for in Article 21. 4.5 If a reduction in force for economy reasons is involved, the Publisher may retire any employee under applicable laws governing mandatory retirement within the job classification affected without regard to length of service. 4.6 When an employee is designated for termination to reduce the force for economy reasons, the employee may elect to return to a department and job classification from which he/she was previously transferred or promoted and in which he/she served as a regular full-time employee, provided such service was within thirty-six (36) months preceding the reduction in force. Such election must be made one (1) week prior to the effective date of reduction in force. 4.6.1 An employee designated for reduction in force who elects to bump into a previously held job will displace the employee with the least company seniority in that job classification. An employee may not displace this employee by bumping unless he/she has more years of total service than the employee he/she is displacing. Any employee who is displaced as the result of another employee's election to return to a previously held job shall have the same election rights as the employee who displaced him/her. 4.6.2 An employee who elects to return to a previously held job in a lower job classification shall be paid no less than what he/she would have received had his/her employment in that job been continuous plus any merit differential he/she may have enjoyed when formerly in that job classification. 4.6.3 An employee designated for reduction in force who elects to return to a previously held job in a lower job classification shall have a preferential right for a period of twenty-four (24) months to fill any opening in the higher job classification from which he/she was originally scheduled to be reduced in force, and upon return to the higher job classification shall retain any dollar differential above the minimum he/she enjoyed when displaced. ARTICLE 5--PROBATION/TERMINATION 5.1 In the event of termination for gross misconduct or self-provoked termination or in the case of an employee with less than six (6) months of continuous and uninterrupted service, the employee may be terminated immediately without notice. Employees with less than six (6) calendar months of continuous and uninterrupted service shall not have access to the grievance procedure. 5.1.1 Should an employee be selected for another position during their original six (6) month probationary period, and later return to their original position, the employee will remain on probation until they complete a total of six (6) months of service in the original position. 5.1.2 If during the period of a mutually agreed extension of continuous temporary service, a temporary employee is hired as a regular employee into the comparable position under this agreement, the employee’s service during the extension period will apply towards satisfying probation. 5.2 A News Resident may remain in this job classification up to a maximum period of three (3) years. If the employee is not promoted or transferred to a different job classification by the three year anniversary date, the employee will be terminated and such termination will not be subject to review under Article 21-- Grievance Process. 5.3 The parties recognize the Publisher administers a policy of progressive discipline. The Publisher agrees to utilize suspension for the limited purpose of investigating an incident which may result in termination. Such suspension will not exceed three (3) of the employee's work days; provided, that if additional time beyond three (3) work days is needed by the Publisher to conclude its review, the employee shall be placed on paid administrative leave. If the employee is returned to work, the employee will receive full pay for the time lost. If the employee is terminated, no pay will be required for the period of the initial three day suspension unless agreed to by the parties or required under an arbitration award. 5.4 Terminations for reasons other than to reduce the force shall be subject to review under Article 21 to determine whether the cause of termination was good and sufficient. 5.5 If an employee is reinstated, such employee may repay his/her net dismissal pay over a period of time of at least ninety (90) days, but not to exceed the number of days between the employee's dismissal and reinstatement. 5.6 Upon dismissal, an employee making written request within one (1) calendar week, shall receive in writing a statement of the cause of his/her termination. ARTICLE 6--REHIRE LIST 6.1 When the Publisher terminates other than for cause, the employee will be placed upon a rehiring list for a period of twelve (12) months in order of company seniority by job classification. No other person will be hired for such position while a name remains on the rehire list. Employees rehired under this provision shall have their pre-termination seniority restored. ARTICLE 7--NO DISCRIMINATION 7.1 The Publisher and the Guild shall not discriminate against any person on any basis prohibited by applicable laws. The Times will continue its policy of non-discrimination because of sexual orientation. 7.2 The Publisher and the Guild agree that all appropriate requirements covering anti-discrimination laws and regulations shall be adhered to, including such laws concerning Union activity and Union membership. ARTICLE 8--WAGE MINIMUMS 8.1 The following pay groups and job classifications and minimum salaries, subject to wage diversion, shall be effective the first of the pay period closest following the dates indicated: Class 9/22/06 NEWS & EDITORIAL DEPARTMENTS A1- Assistant Art Director, Book Editor, Columnist, Desk Editor, Editorial Cartoonist, Editorial Writer, News Page Designer, Pacific Northwest Art Director, Pacific Northwest Associate Editor, Second Assistant Metro Editor 1st Year 826.51 2nd Year 881.06 3rd Year 937.70 4th Year 994.34 5th Year 1,000.10 6th year 1,014.74 A2- Copy Editor 1st Year 739.79 2nd Year 799.55 3rd Year 882.05 4th Year 944.45 5th Year 977.90 6th year 995.49 A3- Computer Assisted Reporting Specialist, News Artist, Photographer, Reporter 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 Class 9/22/06 A4- Zone Photographer, Zone Reporter 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 A5- Home Economist, Resale & Permissions Coordinator 1st Year 630.45 2nd Year 674.64 3rd Year 738.72 4th Year 784.57 A6- Administrative/Production Assistant, Lead News Assistant, Research Assistant 1st Year 582.30 2nd Year 624.79 3rd Year 659.71 4th Year 702.96 5th Year 738.44 A7- Listing Coordinator, Resale & Permissions Specialist II, Senior Clerk 1st Year 569.55 2nd Year 603.54 3rd Year 665.19 A8- Receptionist, Research Clerk 1st 6 months 553.12 1st Year 562.47 2nd Year 581.45 3rd Year 612.41 4th Year 637.51 A9- Lead Newsroom Aide 1st 6 months 576.35 1st Year 606.38 2nd Year 640.65 3rd Year 683.93 A10- Newsroom Aide 1st 6 months 541.51 1st Year 551.99 2nd Year 561.34 3rd Year 583.28 Class 9/22/06 A11- News Resident 1st Year 700.52 2nd Year 749.63 3rd Year 820.08 A12- Photo Archiving Specialist, Resale & Permissions Specialist I 1st Year 613.74 2nd Year 653.68 3rd Year 690.27 4th Year 731.51 5th Year 767.57 A13- Digital Production Assistant, News Marketing Coordinator 1st Year 650.52 2nd Year 699.63 3rd Year 770.08 4th Year 824.60 5th Year 853.52 6th year 870.19 A14- News Assistant 1st 6 months 575.12 1st Year 580.47 2nd Year 595.45 3rd Year 622.41 4th Year 643.51 CIRCULATION DEPARTMENT B1- District Adviser 1st 6 months 743.07 1st Year 773.40 2nd Year 813.66 3rd Year 905.99 4th Year 941.44 5th Year 973.60 B2- Assistant District Adviser 1st 6 months 577.31 1st Year 598.84 2nd Year 626.60 3rd Year 667.58 4th Year 701.32 Class 9/22/06 B3- Circulation Promotion Assistant, Sales Development & Promotions Coordinator, Circulation New Business Account Executive, Circulation Project Support Coordinator, Circulation Marketing Production Coordinator 1st Year 695.32 2nd Year 728.74 3rd Year 817.74 4th Year 856.96 5th Year 881.76 B4- Customer Service Specialist, Scheduling & Reporting Specialist, Statistician 1st Year 600.43 2nd Year 630.17 3rd Year 669.52 4th Year 692.87 B5- NIE Specialist, Senior Clerk, Zone Clerk 1st Year 569.55 2nd Year 603.54 3rd Year 665.19 B6- Clerk 1st 6 months 553.12 1st Year 562.47 2nd Year 581.45 3rd Year 612.41 4th Year 637.51 B7- Collections Representative 1st 6 months 537.55 1st Year 540.94 2nd Year 542.08 3rd Year 566.56 B8- Telephone Operator 1st Year 581.45 2nd Year 603.83 3rd Year 669.52 B9 - Customer Service Representative 1st 6 months 565.12 1st Year 572.47 2nd Year 589.45 3rd Year 618.41 4th Year 641.51 Class 9/22/06 B10 - Field Assistant 1st 2,080 hours 11.95 2nd 2,080 hours 12.45 4,160+ hours 13.45 B11- Circulation Marketing Copywriter, Circulation Marketing Graphic Designer 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 ADVERTISING DEPARTMENT C1- Advertising Special Projects Editor, Advertising Marketing Specialist, Outside Classified Sales, Outside National Sales, Outside Retail Sales 1st Year 707.53 2nd Year 762.76 3rd Year 830.45 4th Year 890.66 5th Year 922.61 6th year 941.02 C2- Classified Inside Sales/Territory, Inside Sales 1st Year 657.17 2nd Year 694.80 3rd Year 741.64 4th Year 786.31 5th Year 819.89 C3- Ad Services Lead, Advertising Design Intake Coordinator 1st Year 609.21 2nd Year 682.29 3rd Year 757.18 Class 9/22/06 C4- Advertising Policy Coordinator, Advertising Preprint Coordinator, Advertising Marketing Coordinator, Advertising Training Coordinator, Classified Policy & Scheduling Coordinator, Event Marketing Coordinator, Page Layout Specialist 1st Year 695.32 2nd Year 728.74 3rd Year 817.74 4th Year 856.96 5th Year 881.76 C5- Ad Order Entry Specialist, Statistician, Classified Front Counter Associate 1st Year 600.43 2nd Year 630.17 3rd Year 669.52 4th Year 692.87 C6- Customer Sales-Product Specialists 1st Year 600.43 2nd Year 633.28 3rd Year 666.05 4th Year 690.27 C7- Sales Support Assistant, Senior Clerk 1st Year 569.55 2nd Year 603.54 3rd Year 665.19 C8- Clerk, Receptionist 1st 6 months 553.12 1st Year 562.47 2nd Year 581.45 3rd Year 612.41 4th Year 637.51 C9- Classified Customer Service Sales 1st 6 months 553.12 1st Year 562.47 2nd Year 581.45 3rd Year 604.96 4th Year 629.60 5th Year 646.31 6th year 665.19 Class 9/22/06 C10- Office Person 1st 6 months 537.55 1st Year 540.94 2nd Year 542.08 3rd Year 566.56 C11- Ad Team Designer, Copy Writer, Ad Marketing Copywriter, Ad Marketing Graphic Designer 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 C12- Sales Associate 1st Year 620.43 2nd Year 648.17 3rd Year 685.52 4th Year 706.87 PROMOTION DEPARTMENT D1- Marketing Presentation Writer, Copy Writer, Graphic Designer 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 D2- Public Relations Coordinator, Research Analyst, Traffic Coordinator 1st Year 695.32 2nd Year 728.74 3rd Year 817.74 4th Year 856.96 5th Year 881.76 D3- Research Clerk 1st Year 600.43 2nd Year 630.17 3rd Year 669.52 4th Year 692.87 Class 9/22/06 D4- Senior Clerk 1st Year 569.55 2nd Year 603.54 3rd Year 665.19 LIBRARY E1- News Researcher 1st Year 731.29 2nd Year 789.07 3rd Year 871.95 4th Year 936.09 5th Year 970.11 6th year 989.73 E2- Library Associate 1st Year 582.30 2nd Year 624.79 3rd Year 659.71 4th Year 702.96 5th Year 738.44 8.2 The above schedule of pay groups provides the minimums which are to be paid for each job classification at each division of credited service. 8.2.1 Employees who received merit pay prior to December 5, 1983, shall continue to receive such merit pay during their term of employment. Any merit pay applied after December 5, 1983, may be removed at the Publisher's option. 8.2.2 Nothing in this agreement shall prevent employees from bargaining individually for increases in excess of the minimums established herein. 8.3 Wages and expense reimbursement payments shall be paid weekly or bi-weekly. 8.4 The Publisher may utilize incentives or payments in addition to the schedule of wages shown above. The incentives may be commissions, bonuses, prizes, awards of compensated days off or other items of value. 8.4.1 Unless otherwise committed within the terms of this Agreement, it is understood the Publisher may add, modify or eliminate all forms of incentive payment as the Publisher determines is necessary. 8.4.2 During the life of this Agreement, the Publisher will not reduce the potential incentive pay available to advertising and circulation employees under monthly and quarterly incentive plans. 8.4.3 Incentive plans will be administered fairly and equitably. Appeals or concerns under this subsection are not subject to the grievance and arbitration provision of this Agreement. 8.4.4 Advertising revenue goal expectations shall be established according to an interactive goal-setting process which is defined in writing and posted or otherwise made available to all sales representatives. Upcoming vacations, leaves of absence, desk coverage, trends, major account losses and gains and other factors will be considered in this interactive goal-setting process. 8.5 Years referred to in minimum wage provisions shall be construed to mean years of experience in the specified job classification at The Times, or experience in comparable jobs on other daily newspapers as shall be determined between the Publisher and the employee at the time of transfer or hire. Where full credit is given for experience, the Publisher shall have six months to evaluate such employee and he/she may be terminated during that period if a new employee or returned to the former position in accordance with 18.6 if a transferred employee. Appropriate credit shall be allowed for other comparable experience, the amount of which credit shall be determined by the Publisher, such as experience in weekly newspapers, magazines, television or radio stations. 8.6 It is understood that in the event the Publisher installs equipment or systems which do not change the character of jobs in the job classifications set forth in this contract, the scales herein will remain applicable. 8.7 There shall be no reduction of the salary minimums set forth in Section 8.1 during the life of this Agreement. 8.8 Individual salaries shall not be reduced during the term of this agreement except in accordance with Section 4.6.2 - Transfer to a non-performance pay classification, Section 8.2.1 - Merit Pay, Section 4.6.1 - Reduction in Force, or if, in accordance with 18.4 and 18.6, an employee initiates or agrees to a transfer to a lower job classification. An employee so transferred shall be eligible for all salary increases appropriate for the new job classification. ARTICLE 9--SUBSTITUTE PAY 9.1 When an employee is required to substitute for an employee in a higher job classification he/she shall receive not less than the minimum for the higher job classification after thirty (30) consecutive days in that classification. 9.2 Whenever a designated vacation-relief Assistant District Adviser replaces a District Adviser, he or she shall earn DA pay. ARTICLE 10--PART-TIME EMPLOYEES 10.1 There shall be no fragmentation of full-time positions into part-time positions. ARTICLE 11--ISSUES SPECIFIC TO DISTRICT ADVISERS, ASSISTANT DISTRICT ADVISERS 11.1 Assistant District Advisers will assist in both office and district work. Except in case of emergency, a District Adviser's day off, or vacation, no Assistant District Adviser shall be placed in complete charge of a district. His/her rate of pay while performing district work will be that of an Assistant District Adviser. 11.1.1 Should an Assistant District Adviser be promoted to District Adviser, he/she shall be credited for the time worked in districts, up to a maximum of four (4) years of credit based upon existing practice. 11.2 During full weeks of vacation of District Advisers, an Assistant District Adviser shall be assigned to work the same days as would normally be worked by the District Adviser on vacation. 11.3 Circulation District Advisers shall be allowed consecutive days off. Weekend scheduling for a District Adviser shall not exceed twenty-six (26) weekends per calendar year, except that District Advisers who have worked twenty-six (26) weekends may be assigned to work additional weekends if the district's complaints per thousand (CPM) rate in any calendar month exceeds the Home Delivery Department average CPM by twenty percent (20%) or more. Any district Adviser required to work consecutive weekends will be given forty-eight (48) hours notice. By mutual agreement between the District Adviser and his/her supervisor, the days off limitations may be waived. The Publisher will attempt to schedule Assistant District Advisers off on one (1) Sunday per month when practical in light of staffing considerations. 11.4 The Circulation District Adviser required to work a Sunday dealer excursion shall be paid time and one-half for all hours in excess of eight (8), but not less than Fifteen dollars ($15.00) for the excursion. This amount shall be paid in addition to their regular weekly wage. ARTICLE 12--ISSUES SPECIFIC TO THE NEWS DEPARTMENT 12.1 News Assistants, Lead News Assistants and other support staff may apply to train in the duties of a reporter, photographer, desk editor, page designer or news artist for a period of up to six months, and shall be paid not less than the starting minimum in job classification A6 plus ten percent, or their current pay rate plus ten percent, whichever is greater, for the duration of the training period. Such assignments will be granted in the sole discretion of the Publisher. Unless promoted before the end of the temporary assignment, the employee will be returned to his/her former duties and former rate of pay and will be considered for appropriate future openings. 12.2 Subject to Article 14, editorial employees engaged on out-of-town assignments shall be allowed credit for an eight (8) hour working day during each twenty-four (24) hours, whether or not a full eight (8) hours are worked. If employees travel during working hours and, in addition, work on the assignment, so that more than eight (8) hours actual work and traveling time are required out of any twenty-four (24) during such assignment, the employee shall receive overtime pay for such hours in excess of eight (8) out of any twenty-four (24). 12.3 Any employee in the position of Reporter or Photographer who transfers to a position of Zone Reporter, Zone Photographer shall be grandfathered at the rate in effect at the time of the transfer or shall receive the rate applicable for pay group A4, whichever is higher. Such employee shall continue to receive consideration for merit and/or performance pay. 12.4 As a general rule, no news department employee other than photographers assigned by the Publisher shall take photographs for The Seattle Times in King, Snohomish or Pierce counties. The photo director, however, may occasionally give approval to other Newsroom employees to take photographs. 12.5 BYLINES: An employee shall not be required to have published under his/her own name any material containing any expression of opinion not in conformity with his/her opinion. This shall not apply to editorial notes when so labeled. 12.6 Except where specifically excluded, residents are entitled to all the benefits of this contract. The termination of a resident for performance reasons (as opposed to misconduct) shall not be subject to the grievance and arbitration provisions of this Agreement. 12.7 A resident shall be assigned a coach or mentor who will work with him/her for the duration of his/her residency. 12.8 The work of residents shall be reviewed not less than biannually for the purpose of offering constructive criticism. 12.9 Residents shall be considered for regular full-time reporter vacancies before any new employee is hired for those positions. 12.10 The Times will employ no more than twenty (20) residents. ARTICLE 13--INSURED BENEFITS 13.1 MEDICAL AND DENTAL: 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. 13.1.1 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 Guild as to such changes. 13.2 MEDICAL: 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. 13.3 The employee portion shall be diverted from the wage schedule. The employee portion shall be calculated on the following basis: 13.3.1 A composite rate shall be determined by adding together the premium payments for all active employees covered under Medical Plans available to Guild 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 Medical insurance. 13.3.2 The composite rate shall be established during plan renewal each year, which is currently in September. 13.3.3 The difference in the composite rate shall be the monthly premium increase. The resulting increase will be shared according to Article 13.2. 13.3.4 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. 13.4 DENTAL: The Publisher will pay two-thirds of the present Seattle Times Dental Plan for all employees. 13.5 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 Articles 13.2 and 13.4, or as mandated. 13.6 The Publisher agrees to provide an annual re-opener in order to allow employees the option of remaining in the Publisher's Hospital-Medical-Surgical Plan or transferring to a Health Maintenance Organization (HMO) made available by the Publisher which will accept the employee as a participant. 13.7 LONG TERM DISABILITY: All full-time employees are eligible on the first day of the month following ninety (90) days of continuous service. All part-time employees regularly working twenty (20) or more hours per week are eligible on the first day of the month following five (5) years of continuous service. 13.7.1 Plan coverage provides sixty percent (60%) of salary up to a maximum monthly benefit of $3,000 beginning with the first month following six (6) months of disability. 13.7.2 Wages will be diverted up to $.1223 per hour effective January 1, 1991, to fund this plan. 13.7.3 Any premium increases to maintain the plan will be shared by the Publisher and the employee on a 50%-50% basis. The employee share will be paid by payroll deduction. 13.8 VISION: The Publisher will pay the composite premium cost of Modified Plan A from Vision Service Plan for Times employees and dependents. Any premium increase required to increase or maintain the benefit level will be deducted from employee wages. ARTICLE 14--HOURS OF WORK, OVERTIME, SCHEDULING 14.1 Except as hereinafter provided, the work week shall consist of forty (40) hours of work within five (5) days. 14.2 The Guild and the Publisher agree the standard work day should not exceed eight (8) hours falling within nine (9) consecutive hours, unless a special need arises or it is in the interest of a more effective operation for employees to work or be scheduled to exceed eight (8) hours per day. Without limiting in any way the options provided in this section, the following are classifications for which all positions as of the execution of this 2006-2008 labor agreement, have been designated to be on “flexible” schedules: District Advisers and Assistant District Advisers; employees in the Promotions Department; employees in the Advertising Graphics unit; Outside Sales Representatives; Commission Sales Representatives; Newsroom employees in job groups A1 and A3; Zone Reporters; News Residents and Resale and Permissions Specialists. Depending on job duties, individual employees in other classifications may be designated to be on flexible schedules. The Publisher agrees to notify employees of any changes in status. 14.2.1 An employee may also be scheduled more than eight (8) hours per day if the employee has scheduling needs that the supervisor agrees to resolve by permitting a more flexible scheduling assignment. 14.2.2 In these instances, employees' work schedules may deviate from the standard shift arrangement, provided the straight-time hours do not exceed forty (40) hours in any given five (5) day work week. 14.3 The Publisher, in his or her sole discretion, may accept requests by employees to work flexible schedules of forty (40) hours 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. 14.3.1 Another flexible work arrangement consisting of four (4) ten-hour days is permitted as detailed in a separate agreement found on page 48 of this Agreement. 14.4 Except for employees exempt from overtime by application of the Fair Labor Standards Act, as amended, all time worked in excess of the unit of hours constituting a work week shall be construed as overtime. Overtime shall be worked when required by the Publisher. Except in case of emergency, no employee may work overtime without first obtaining authorization from the Publisher or his representative. 14.4.1 Except by mutual agreement, employees normally will not be scheduled to work more than six (6) days in a row, and will not be scheduled to work more than seven (7) days in a row except in the case of an operational emergency. 14.5 Exceptions: Employees not designated to work a flexible week shall be entitled to overtime for all time worked in excess of eight (8) hours in a shift. 14.6 Part-time employees who regularly work a six (6) day forty (40) hour week shall be paid overtime for the time worked on the sixth day. All other part-time employees shall be exempt from the five (5) day week provision(s) contained in this contract. 14.6.1 Part-time employees working more than eight (8) hours in any one day shall be compensated for all time in excess of eight (8) hours at the overtime rate; provided however, that part-time employees may work up to ten (10) hours in any one day without daily overtime if the hours beyond eight (8) are worked by mutual agreement. 14.6.2 Part-time employees will be entitled to overtime payment for work on their regularly scheduled day off when required by management to do so and credited with a minimum of five (5) hours. 14.7 The Publisher shall compensate for all overtime at the rate of time and one-half (1½) in cash, or, by mutual agreement between the Publisher and the employee, equal time off within the payroll week, or the Publisher and employee may agree to compensate overtime at the rate of time and one-half (1½) compensatory time, outside the payroll week but during the payroll period. Employees cannot be forced to take compensatory time (which is time taken outside the payroll week) in lieu of paying overtime. 14.8 If an employee is allowed time off during a regular working day to attend to personal matters, the employee may be required to make up the time within the same week, but not on the employee's day off. With mutual agreement between the Publisher and the employee, the Publisher may accommodate a flexible work schedule for employees who enroll in classes that are demonstrably job-related. 14.9 If an employee, having been once relieved from duty, and after leaving the place where the employee’s day’s work was completed, is called back for an assignment not immediately preceding a regular shift, he/she shall be credited with actual time traveling to and from the place of assignment. In no event shall he/she be credited with less than one (1) hour of work (or one [1] hour of overtime if not designated for a flexible work week) for travel in addition to the actual time worked. 14.10 The Publisher shall cause a record of all overtime to be kept. In the event of a dispute concerning overtime payments, the Publisher shall provide the Guild with a copy of the overtime record of the person or persons involved. 14.11 No employee's starting time will be changed without twenty-four (24) hours notice. A day or days off for each employee shall be designated by the Publisher and shall continue regularly unless changed by notice of not less than two (2) weeks to the employee. In the event of a change to either starting time or days off schedule made necessary due to unanticipated or emergency news, business, operational or advertiser need, or to cover the sickness or unscheduled absence of an employee, as much advance notice as is reasonable will be given, but the timelines of this section shall not apply. 14.12 Any full time employee called to work on a day off shall be credited with a minimum of five (5) hours of work (or five [5] hours of overtime if not designated for a flexible work week) on the day off. 14.13 There shall be no split shifts required. 14.14 The lunch period designated by the department shall not be less than one-half (½) hour, or more than one (1) hour. 14.15 Reporters assigned by the Publisher to cover sports beats, political campaigns or other special assignments requiring long-term, non-traditional scheduling may, by mutual agreement, enter into a long-term flexible work agreement with their department supervisor (see Memorandum of Understanding on page 47). The duration of such agreements shall not exceed twelve (12) months, but they may be renewed by mutual agreement. Each agreement shall be approved in advance by The Guild. ARTICLE 15--PAID TIME OFF 15.1 HOLIDAYS: Qualified employees shall have the following holidays with full pay: January 1, Martin Luther King's birthday, Presidents' Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and December 25th. The work week in which any of these eight (8) holidays fall or is observed shall consist of four (4) days worked and one (1) day not worked. 15.1.1 Employees shall be eligible for holiday pay thirty (30) days after continuous and uninterrupted employment as follows: 15.1.2 Full-time regular employees who do not work the holiday shall be paid for eight (8) hours for the holiday. Full-time regular employees who work on the holiday shall be paid one and a half times their regular rate of pay for all hours worked, with a minimum of five hours and twenty minutes scheduled to work. 15.1.3 Part-time regular employees working twenty (20) or more hours a week who do not work the holiday shall be paid pro-rata for the holiday, based on average hours worked per week (calculated semi-annually on all hours paid). Part-time regular employees in this category who work the holiday shall be paid one and a half their regular rate of pay for all hours worked, with a minimum of four (4) hours scheduled to work. 15.1.4 Part-time regular employees working less than twenty (20) hours a week who do not work the holiday shall receive no holiday pay. Part-time regular employees in this category who work the holiday shall be paid one and a half their regular rate of pay for all hours worked. 15.1.5 If an employee is required by the Publisher to work on a fifth shift in a holiday week he/she shall receive compensation for a day in addition to his/her regular weekly wage. The Publisher agrees that regular days off shall not be changed because of the provisions of this section. An employee who is entitled to a day off as a result of a holiday may, at his/her option and with the approval of the Publisher, take this day off at a time other than within the holiday week. 15.2 VACATIONS: Employees with six (6) months or less than two (2) years of continuous service will accrue one (1) hour of paid vacation for each 26.0 straight-time 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. If the new employee terminates prior to six (6) months, no vacation will be accrued or paid. 15.2.1 Employees with two (2) but less than four (4) years of continuous service shall accrue one (1) hour of paid vacation for each 17.33 straight-time hours compensated to a maximum of one hundred twenty (120) hours per year. 15.2.2 Employees with four (4) or more years of continuous service shall accrue one (1) hour of paid vacation for each 13.0 straight-time hours compensated to a maximum of one hundred sixty (160) hours per year. 15.2.3 Vacation shall be accrued during the twenty-six (26) pay periods beginning with the employee's anniversary date of service. 15.2.3(a) Such anniversary date will be adjusted to reflect time loss due to break in continuous service. 15.2.4 The vacation rate of pay will be based on the employee's regular rate of pay at the time of the vacation. 15.2.4(a) An employee receiving substitute pay shall continue to receive such pay during vacation periods, provided that upon return from vacation he/she returns to work in that classification. 15.2.5 Vacation may be taken as earned, subject to department scheduling procedures, as determined and approved by the department supervisor. 15.2.6 At least two (2) weeks of the vacation time scheduled for employees each year is to run consecutively. Any more or less consecutive time must be mutually agreed to. 15.2.7 Employees may select vacation schedules on the basis of accumulated continuous service within the Guild's jurisdiction. 15.2.8 While vacations may be taken as earned, employees may bank up to 280 hours of vacation. Once the vacation bank reaches this maximum, no further vacation will be earned. 15.2.9 Employees with six (6) months or more of service will receive all vacation earned to termination on the next regularly scheduled paycheck. 15.2.9.1 Termination shall occur on the last day actively at work. 15.2.10 When a holiday falls within a vacation, an additional day's vacation, or at the option of the Publisher, an additional day's pay will be granted. 15.2.11 An employee working less than forty (40) hours per week in the Circulation Department may elect to take salary in lieu of vacation. An employee working less than forty (40) hours per week in any other department may, with mutual agreement of his/her supervisor, elect to take salary in lieu of vacation. 15.3 SICK LEAVE: Employees with six (6) months continuous service shall be eligible for sick leave with pay upon the first workday of illness. The Guild will work with the Publisher to prevent unwarranted and/or excessive use of sick pay benefits. 15.3.1 The Publisher retains the right to determine the length of time sick leave benefits shall continue, provided, however that employees under this contract shall benefit from the same sick-pay policy as is made applicable to the Publisher’s managerial and unaffiliated employees. The current formula, which may be changed at the Publisher’s discretion after written notice to the Guild and employees, allows full-time employees ten (10) days (80 hours) of paid sick leave per year of service, less time used, and is pro-rated for employees working less than full time. Unused sick leave is carried forward and builds up to a cap of six months (1,040 hours or the pro-rata equivalent). The Publisher shall periodically post or otherwise notify covered employees of its sick-pay formula. 15.3.2 For the period a sick employee is continued on the payroll, the Publisher may deduct that amount received by an employee under the Washington State Workers' Compensation Act. 15.3.3 Employees who receive sick leave pay under this section shall, upon request, submit to an examination by a doctor selected by the Publisher and sign a medical release pertaining to that examination. 15.4 BEREAVEMENT LEAVE: An employee is eligible for bereavement leave after six (6) months of service. When an employee suffers a death in the immediate family (mother, father, mother-in-law, father-in-law, spouse, or domestic partner recognized under the Publisher's domestic partner policy, child, brother or sister), the employee may take up to three (3) consecutive scheduled work days without loss of scheduled hours and pay. 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 normally be completed within ten (10) calendar days of the death, unless otherwise mutually agreed. One of the days off shall be for the purpose of attending the funeral or memorial service. 15.4.1 The employee may, with the supervisor's approval, use additional leave without pay or vacation, or take unpaid leave or vacation in the event of death in his/her extended families, such as stepparent, stepbrother/sister, stepson/daughter-in-law, grandparent, grandchild, or domestic partner. ARTICLE 16--LEAVES OF ABSENCE 16.1 At the discretion of the Publisher, employees may be granted leaves of absence on a more frequent basis than represented below. Leaves of absence granted under this article shall not constitute breaks in continuity of service, but shall not be paid for nor construed as service time for purposes of computing dismissal pay or for any other purpose. 16.2 Employees shall be granted leaves of absence upon request as provided hereinafter in this section. Employees returning from such leaves shall be reinstated in the same or comparable position upon termination of such leave, at no less than the salary they would have received in such position if the leave had not been taken, except no employee will receive credit toward their wage experience level during the period of the leave. Request for leave shall be submitted at least sixty (60) days in advance but may be accepted with less notice. 16.3 Except as otherwise provided herein or unless agreed to by the Publisher preceding the leave, no employee on leave shall accept employment with a competing medium and no employee shall be allowed a leave for the purpose of accepting other employment. 16.4 PERSONAL LEAVE: Any employee who has been not less than five (5) continuous years in the employ of the Publisher shall be given, at the employee's request, a leave of absence not to exceed six (6) months, this time may be extended by mutual agreement, without pay. The number of employees to be on leave at any one time shall be subject to mutual agreement between the Publisher and the Guild. 16.5 FELLOWSHIP: An employee may also be granted an unpaid leave of absence if that employee wins or is the recipient of a job-industry related fellowship or study grant. Such leave shall be for the period of the fellowship or grant but not to exceed one year, unless approved by the Publisher. 16.5.1 Employees shall request the leave prior to application for the fellowship or grant and the Publisher shall notify the employee immediately as to whether the request is approved or denied. 16.5.2 It is understood that the Publisher shall deny such request for leave only when special circumstances or special needs warrant such denial. 16.6 MATERNITY/PATERNITY: Maternity or paternity leave of six (6) months shall be granted to an employee. An employee shall be entitled to take an unpaid leave of absence for childbirth or adoption for a reasonable length of time and thereafter return to her/his job. An expecting mother shall not be required to leave work at the expiration of any arbitrary time period during pregnancy but shall be allowed to work as long as she is capable of performing the duties of her job. She shall notify the Publisher of her intention to take leave and the approximate time she expects to return to work, and within 30 days after childbirth shall inform the Publisher of the specific day she will return to work. Such leave shall, to the extent allowed by law, count toward any entitlement by the Family and Medical Leave Act. 16.6.1 For the period of her disability she shall receive whatever paid sick leave accrued to her under the sick leave provisions of this contract or the company's sick leave policy. 16.6.2 The leave year for absences under the Family and Medical Leave Act shall be the calendar year beginning January 1 and ending December 31. 16.7 MEDICAL LEAVE: Upon approval, an employee with a documented disabling medical condition is eligible for a medical leave of absence for the period of the disability, up to a maximum of six (6) consecutive months, whether the condition which necessitates the leave is work related or not. 16.7.1 Before the full leave of absence is approved, or during the period of the leave, the Publisher may require a second medical opinion from a physician of the Company's choice. Before the second opinion, the employee will be placed on conditional leave of absence. Such additional medical advice shall be paid for by the Publisher. 16.7.2 If, due to conflicting opinions either party determines a third medical opinion is necessary, either the Publisher, the employee, or the Union may initiate the request. The third physician must be acceptable to all parties and specialize in the area of medicine best prepared to diagnose the employee's medical condition. The cost of the third opinion shall be split 50%-50% between the initiating party and Publisher, unless initiated by the Publisher, in which case the Publisher will pay the full cost. 16.7.3 When a medical leave is approved, medical benefits will be continued to the extent and for the duration required by the Family and Medical Leave Act. 16.7.4 The foregoing Articles are not to be interpreted to be in conflict with the Family and Medical Leave Act of 1993, the Washington Family Care Act, Americans with Disabilities Act, or the Washington Law Against Discrimination. 16.8 NEWSPAPER GUILD LEAVE: In the event an employee is elected or appointed to any office of The Newspaper Guild, or office of a local of The Newspaper Guild, such employee shall be given a leave or leaves of absence should he/she request such leave, and he/she shall be reinstated in the same position upon expiration of such leave. The number of employees on leave under this paragraph shall be limited to three (3) at any one time except by mutual consent. The foregoing shall also apply to delegates elected to T.N.G. and A.F.L-C.I.O. conventions, both national and local. Right to reinstatement shall terminate in the event that the employee on leave engages in gainful employment other than that for which leave was granted. 16.9 MILITARY LEAVE: Any employee who enters the Armed Forces of the United States will benefit from the full protection of the Uniformed Services Employment and Reemployment Rights Act. 16.9.1 Any employee who attends reserve military training shall be given a leave of absence of not more than two (2) weeks each year for such training. 16.9.2 Persons employed to replace an employee called to military service or an employee on other leave of absence need not be retained upon the return of such employee, but such persons shall enjoy the applicable benefits of this contract during the period of their employment. 16.9.3 Promotions of regular employees occasioned by such leaves may be considered temporary promotions only and such employees may be returned to their former status and rate of pay at any time (receiving credit, however, for the time served); provided however, that at the time such promotions are made the Guild shall be notified in writing of such promotions and the person or persons affected. ARTICLE 17--RETIREMENT, DISMISSAL, AND DEATH BENEFITS 17.1 RETIREMENT: Employees covered under this Agreement shall be entitled to retirement, death and disability benefits as set forth in the Amended Retirement Plan for Guild-Represented Employees between the Publisher and the Guild. 17.1.1 The Company agrees that if, upon termination of the Amended Retirement Plan for Guild-Represented Employees dated October 1, 1958, as amended, the funds available thereunder are not sufficient to complete the payment of retirement, death and disability benefits generated by the lump sum computation provided for in Article XIV, Paragraph 13.2, Partial Lump Sum/Partial Single Life Annuity Option of said Agreement to employees eligible for such benefits, or if such benefits to such employees are reduced by Article IX, Limitation on Benefits, of said Agreement, the company will be obligated to pay the balance. This paragraph takes precedence over any statements to the contrary implied in said Agreement. 17.2 DISMISSAL: For employees hired on or before March 29, 1987, upon dismissal, except in cases of dismissal for gross misconduct or self-provoked termination, for the purpose of collecting dismissal benefits, such employees covered by this Agreement shall receive dismissal benefits as set forth in the existing Amended Retirement Plan for Guild-Represented Employees between the Publisher and the Guild. 17.2.1 Employees hired March 30, 1987 and thereafter shall be entitled to dismissal benefits as set forth above after completing three (3) years of service. 17.2.2 The company agrees that if, upon termination of the Amended Retirement Plan for Guild-Represented Employees originally dated October 1, 1958, as amended, the funds available thereunder are not sufficient to complete the payment of dismissal benefits generated by the lump sum computation provided for in Article VII, Paragraph 7.3 of said agreement to employees then eligible for such benefits, or if such benefits to such employees are reduced by Article IX of said agreement, the company will be obligated to pay the balance. This paragraph takes precedence over any statements to the contrary implied in said agreement. 17.3 DEATH BENEFIT: In the event of the death of any employee who meets the participation requirements of the pension plan, the Publisher agrees that the beneficiaries of the deceased, designated by the employee in advance, shall be paid an amount equivalent to one times the employee's annual earnings based on the salary at the time of death or the prior year's W-2 earnings, whichever is higher, as a distribution from the Amended Retirement Plan for Guild-Represented employees. Any legal cost or expenses incurred by the Publisher in determining the beneficiary(s) shall be deducted. ARTICLE 18--TRANSFERS, PROMOTIONS 18.1 PROMOTIONS: If a Guild member is promoted to an executive position not covered by this contract and does not prove satisfactory to the Publisher within six (6) months in this position, the Publisher agrees to return such employee to his/her former position at not less than his/her former salary. 18.2 TRANSFERS: Transfers requiring a change of residence are to be made by mutual agreement between the Publisher and the employee. Transfers such as to Washington, D.C. or Olympia, Washington, will be made for no less than two (2) years unless by mutual agreement. The Publisher may recall an employee from such a transfer at any time after two (2) years. When such transfers are made, the Publisher will pay all authorized transportation and other moving expenses for the employee and his/her family. There shall be no reduction in salary or impairment of other benefits as a result of such transfer. 18.2.1 When no change of residence is involved, the Publisher may make transfers at his sole option, however, no employee shall be transferred between the five major departments, advertising, circulation, news, promotion and library, except by mutual consent; provided, however, no employee in Group A1, A2, A3 shall be required to transfer between the Sports Department and other News Departments if the staffing changes can be accomplished by qualified volunteers or by mutual consent. 18.3 By mutual agreement between employee and the appropriate manager, employees may be transferred or promoted to other job classifications for an evaluation period of six months. If promoted to a higher paying job classification they shall receive the minimum wage applicable to the job classification unless it would result in a decrease in total pay. In determining the employee's total pay in the former job, the Publisher shall take into account the employee's weekly salary at the time of the transfer. 18.4 No employee shall be required to accept a promotion except by mutual consent. 18.5 A six (6) month evaluation period will follow transfer or promotion. Either the company, due to nonperformance, or the employee, at his/her own desire, will have an option of the employee's returning to the former position during the evaluation period. After six (6) months the employee shall be deemed regular and his/her salary will be that of the new job classification and his/her experience. 18.5.1 Where the employee returns or is returned to the former position, his/her salary will be that which would have been paid had the employee remained in that position. 18.6 Individuals replacing the transferred or promoted employee will be considered temporary in that position for the six (6) month period. 18.7 Before new employees are hired for positions covered by this contract, the Publisher agrees to give first consideration to present employees in lower job classifications who possess the necessary qualifications to meet the Publisher's requirements for the job vacancy. The Publisher shall make the decision with respect to filling the vacancy. ARTICLE 19--EXPENSES 19.1 AUTOMOBILE EXPENSE: Employees who are required to use their automobiles in the course of their employment shall be paid the current mileage rate allowance set by the Internal Revenue Service. Employees shall also be reimbursed for parking incurred during the course of their assigned duties. With advance approval of their manager, employees who are required to use their automobiles in the course of their employment may use alternate means to arrive at work on days when the employees are reasonably certain that the use of their automobiles will not be necessary. 19.2 PHOTOGRAPHERS LIABILITY INSURANCE: The Publisher will pay fifty percent (50%) of photographers' liability insurance but only up to one hundred fifty dollars ($150.00) per year. 19.3 OVERNIGHT EXPENSE: Employees required by the Publisher to remain overnight away from their headquarters shall receive their actual expenses for hotels and meals. 19.4 PERSONAL PROPERTY: The Publisher agrees to reimburse employees covered under this contract for damaged personal property used in the performance of work assignments, but will be limited to damages in excess of reimbursements received by employees from other sources, including other insurance policies. Computer equipment and photographic equipment must have the prior approval of the supervisor to be covered by this provision. 19.4.1 Employees who use personal automobiles are covered by Section 19.4 for damages to their automobiles occurring when automobile is used for company business. ARTICLE 20--DUES CHECKOFF 20.1 Upon an employee's voluntary written assignment, the Publisher shall deduct from the salary account of such employee and pay to the Guild on the fifteenth day of each month, but in no event later than the twentieth, all periodic dues uniformly required by the Guild for the current month. The Publisher's responsibility is limited to deducting membership dues from the employee's salary in accordance with a schedule furnished the Publisher by the Guild on the first day of each month. An employee's voluntary written assignment shall remain effective in accordance with the terms of such assignment. All such deductions shall be made in conformity with local, state, and federal legislation. 20.2 Such assignment shall be made upon the following form: 20.2.1 To: SEATTLE TIMES COMPANY I hereby assign to the Pacific Northwest Newspaper Guild, Local 37082, from any salary earned or to be earned by me as your employee, an amount equal to all membership dues lawfully levied against me by the Guild for each calendar month following the date of this assignment as certified by the Treasurer of the Pacific Northwest Newspaper Guild, Local 37082. I hereby authorize and request you to check off and deduct such amounts during the month for which such dues are levied and the Guild so notified you, from any salary then standing to my credit as your employee, and to remit the amount deducted to the Pacific Northwest Newspaper Guild, Local 37082, not later than the twentieth day of that month. This assignment and authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one (1) year from the date appearing below or until the termination of the collective bargaining agreement between yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment and authorization shall be renewed automatically and shall be irrevocable for successive periods of one (1) year each or for the period of each succeeding applicable collective agreement between yourself and the Guild, whichever period shall be shorter, unless written notice of its revocation is given by me to yourself and to the Guild by registered mail not more than thirty (30) days and not less than fifteen (15) days prior to the expiration of each period of one (1) year, or of each applicable collective agreement between yourself and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which you receive it. _____________________________ ______________________________ Department Signature of Employee Date ARTICLE 21--GRIEVANCE PROCESS 21.1 A Grievance Committee, designated by the Guild, shall be established to settle amicably with the Publisher or his representatives all grievances arising under this contract unless otherwise specified. 21.2 A grievance shall be submitted only by a written notice from the complaining party to the other party briefly setting forth the facts giving rise to the grievance, the ground of complaint and the action sought within forty-five (45) days of the time the employee knew of the circumstances giving rise to the grievance. The Publisher and the Guild may jointly extend this time requirement. The Publisher and the Guild agree that a grievance meeting on the dispute shall be scheduled, if requested, and conducted within sixty (60) days of the date the grievance is filed. Both parties commit to scheduling such meetings without unnecessary delay and in good faith. 21.3 A grievance raised under Section 21.1 and 21.2 and not settled within thirty-five (35) calendar days after receipt of the written notice described (this time may be extended by mutual agreement) may be submitted to arbitration, in accordance with the procedures hereinafter set forth, upon written notice of either party served upon the other party. By mutual agreement, any properly submitted grievance may be moved to arbitration at any time within the thirty-five (35) calendar days. A request for arbitration, defined as requesting an arbitrator list from the Federal Mediation and Conciliation Service (FMCS), must be made in writing within one hundred and twenty (120) days of the filing of the grievance or the grievance shall be waived. 21.4 The Publisher and the Guild shall jointly or singly request the FMCS to furnish lists of not fewer than eleven (11) arbitrators. Selection shall be made in accordance with the procedures of the FMCS. If the party adverse to the complaining party refuses for any reason to proceed to the selection of an arbitrator, or if for any other reason an arbitrator is not selected or secured, then the complaining party has the right to request the FMCS to proceed to the appointment of an arbitrator pursuant to the present rules of the voluntary labor arbitration tribunal of the FMCS, and the grievance shall be submitted to such arbitrator for final decision. 21.5 Either party may insist on having the issue of arbitrability heard and ruled on in a separate hearing before proceeding to a hearing on the merits of the grievance in question. Absent agreement of the parties, the issue of arbitrability shall be ruled on within twenty (20) days of the arbitrability hearing. 21.6 Expenses of arbitration which are jointly incurred shall be shared equally by the parties, except that neither party shall be required to pay any part of the cost of a stenographic record without its consent, provided that failure of a party to agree to share the cost of such stenographic record shall be deemed a waiver of such party's right of access to the record. 21.7 The award of the arbitrator shall be final and binding.