AGREEMENT  BETWEEN

YAKIMA  HERALD-REPUBLIC

AND

PACIFIC  NORTHWEST  NEWSPAPER  GUILD

COMMUNICATIONS  WORKERS  OF  AMERICA  LOCAL  37082 

OCT. 20, 2004 TO OCT. 19, 2008

TABLE OF CONTENTS

Section 1. Preamble

This contract is made this ________ day of September, 2004 between the Yakima Herald-Republic, a corporation, hereinafter known as the Employer, and the Pacific Northwest Newspaper Guild, CWA Local 37082, chartered by The Newspaper Guild-Communications Workers of America (AFL-CIO), hereinafter known as the Guild.

Section 2. Term of contract

This agreement shall be in full force and effect for a period of approximately four years from October 20, 2004 to October 19, 2008.  This agreement may be opened by either party serving a written notice proposing revision and/or replacement of this agreement upon the other party. Said notice shall be served no more than ninety (90) days nor less than sixty (60) days prior to the expiration of this agreement. These time frames may be waived by mutual consent of the parties.

If neither party serves the required notice, this agreement shall be automatically renewed for a period of one (1) year from the expiration date and thereafter for one (1) year upon each anniversary date of that date without further notice.

Section 3. Recognition and jurisdiction

(A) The Employer recognizes the Guild as the exclusive bargaining representative for all Employees covered by this contract.

(B) This contract covers all Employees in the unit described in the Certification of Representative in Case No. 19-RC-4523 dated May 23, 1967, more particularly all Employees in the Employer's editorial department, advertising department, circulation department, accounting department and maintenance department, excluding Employees covered by another collective bargaining agreement, confidential secretaries, all other Employees, supervisors, guards and watchmen as defined by the National Labor Relations Act, and employees who qualify for professional or administrative exemption under the Fair Labor Standards Act.

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Section 4. Management rights

(A) Except for those limited by other provisions of this agreement, the Employer shall retain and have the traditional rights to decide and act with respect to the managing of the business and the direction of the working force, including but not limited to the rights to determine the methods of operation, the assignment of work and scheduling of hours, the number of persons to be employed and the right to discharge or discipline for just cause and to make and enforce reasonable department rules.

(B) It is agreed that the parties will abide by the guidelines contained in the Employee Handbook "Substance Abuse" section and an "Agreement for Continuation of Employment Form" in order to establish, maintain and support a safe and productive work environment.

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Section 5. Equal employment opportunity

(A) Both the Employer and the Guild agree to abide by all federal and state laws applicable to employment discrimination.

(B) There shall be no dismissal of or other discrimination against an Employee because of membership in the Guild. The Guild agrees to abide by all federal and state laws applicable to membership solicitation.

(C) It is understood that wherever in this agreement reference is made in the masculine gender, it will be recognized as pertaining to both male and female persons.

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Section 6. Assignment of work

(A) If the Employer decides to introduce any major changes in methods, processes or equipment, the Guild shall be given reasonable written notice of the change and afforded an opportunity to discuss and negotiate with the Employer the treatment to be accorded Employees who may be directly affected by the change.

(B) Bargaining unit Employees shall continue to be covered by this agreement if assigned work or sales opportunities on new products or new projects. It is understood such assignments may require bargaining unit Employees to work in cooperation with unaffiliated Employees of the Employer and/or subsidiaries or newspapers owned by The Seattle Times Company. It is also understood that such projects may include developing content and transitioning existing content to new electronic products, including but not limited to websites or other electronic formats.

No bargaining unit Employee shall lose work due to such assignment of work or sales opportunities on new products or new projects.

If such work, products or projects include the installation of new equipment or technology, nothing in this section shall restrict or impair the right of the Employer to install or operate such equipment or technology. Nor shall the Employer deny bargaining unit Employees a reasonable time period to adequately train to become proficient in the operation of the new equipment or technology.

The Guild agrees that the assignment of unaffiliated Employees to new work, products or projects does not convey Guild representation of the unaffiliated Employees and the Guild will not use such work assignments or cooperative work efforts as a means to attempt to represent such unaffiliated Employees through accretion, unit clarification or the contract grievance language. The assignment of such new work to bargaining unit Employees shall not lead to a Guild claim of jurisdiction over such new work.

The Yakima Herald-Republic agrees that it shall remain neutral if unaffiliated Employees seek representation under Section 7 of The National Labor Relations Act.

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Section 7. Employee information

(A) Within three (3) weeks after hiring a new Employee, the Employer will provide the Guild in writing the name, social security number, classification, address, telephone number, salary and date of hire.

(B) The Employer agrees to provide the Guild in writing information regarding the termination of any Employee in the Guild unit. If said Employee is terminated through discharge, the Guild will receive written notice within twenty-four (24) hours. For all other terminations, the Guild will receive written notice within three (3) weeks. The Employer also agrees to provide written information regarding changes in classification and salary within three (3) weeks after the change occurs.

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Section 8. Grievances-arbitration

(A) All alleged violations of this agreement by the Employer, or any dispute or difference over the meaning or application of any part thereof, which cannot be settled otherwise, shall be submitted to the Employer in a written grievance by the Guild on behalf of an Employee or Employees, or on its own behalf, according to the following procedures:

(B) A grievance involving an individual Employee or Employees shall be submitted in writing to the immediate supervisor, or, in his/her absence, to the Director, who shall attempt to settle the grievance immediately. Failing a mutually satisfactory resolution within five (5) working days after receipt of the grievance by the supervisor or Director, the Guild may take up the grievance on behalf of the Employee or Employees involved with a management grievance committee appointed by the Publisher. Said committee shall be composed of three (3) persons.

(C) A grievance brought by the Guild on its own behalf shall be submitted in writing to the Human Resources Director. Within ten (10) working days of the receipt of such written grievance by the Human Resources Director, a management grievance committee appointed by the Publisher shall meet with representatives of the Guild for the purpose of resolving the grievance. Failing such resolution, the Guild may demand that the dispute or grievance be submitted to final and binding arbitration.

(D) Written grievances pursuant to Paragraph (A) above must be submitted to the appropriate supervisor or to the Human Resources Director within thirty (30) days after the grieving Employee or the Guild knew or reasonably should have known of the facts giving rise to the grievance.

(E) A demand for arbitration by the Guild shall be made in writing to the Human Resources Director not more than thirty (30) days after submission of the original written grievance. Within five (5) working days of the receipt of such written notice the parties shall meet and select an arbitrator to whom the grievance shall be submitted for final and binding decision. If for any reason an arbitrator cannot be selected by mutual agreement the parties shall join in asking the Federal Mediation and Conciliation Service to provide a panel of eleven (11) names of arbitrators. From such panel each party shall strike a name in turn until one (1) name remains. The remaining person shall be the agreed-upon arbitrator.

(F) Rules of procedures to govern the hearing shall be established by the arbitrator and his/her award shall be final and binding. The arbitrator shall have no power to add to, subtract from, alter or vary in any way the express terms of this agreement, nor imply any restriction or burden against either party that has not been assumed by the express language of the agreement, nor shall the arbitrator have any jurisdiction to hear and determine any question involving an assignment of work.

(G) Time is of the essence; however, the parties by mutual consent may extend any of the time limits set forth above. A grievance not filed in writing within thirty (30) days as provided in Paragraph (D) above shall be deemed to have been abandoned, and any demand for arbitration not made within the time limits provided in Paragraph (e) above shall be deemed to have been settled on the basis of the Employer’s disposition in the last step.  

(H) Each party shall bear the fees and expenses of its own case. The fees and expenses of the arbitrator and other joint costs of the arbitration shall be shared jointly and equally between the parties.

(I) Reduction in the size of the work force and renewal of this contract and differences arising out of the contract interim openings shall not be subject to arbitration.

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Section 9. Introductory period

(A) The first six (6) months after hiring shall constitute the introductory period for a new Employee.

(B) During the introductory period the Employer shall have the absolute prerogative of termination of the new Employee.

Section 10. Dismissals

(A) After an Employee has worked for the Employer for the introductory period as stipulated in Section 9, there shall be no discharge of such Employee without just cause, and the Guild shall receive written notice of such discharge within twenty-four (24) hours. The Employer also agrees to provide in writing the reason for such discharge if requested by the Guild.

(B) In the event the Guild determines such discharge to be arbitrary or capricious or that no just cause for the discharge exists, the Guild may within thirty (30) days of the date of discharge submit the Employee's case to grievance procedure in accordance with the provisions of Section 8 of the contract. An arbitrator shall have the power to reinstate a discharged Employee only if said arbitrator finds that the Employer acted arbitrarily or capriciously, or that no just cause for the discharge exists. If an Employee is found to have been wrongfully discharged under this section and his reinstatement is ordered, the arbitrator shall have the power to determine how much, if any, back pay should be awarded.

Section 11. Layoffs-rehiring

(A) Layoffs to reduce the force shall be the absolute prerogative of the Employer. The layoff of Employees following their introductory period as stipulated in Section 9 shall be as follows: The Employer shall lay off first, within their classifications, those Employees who have been employed for the shortest periods of time except in those cases where general consideration of overall job performance, merit or ability favors retention of such Employees over Employees who have been employed for longer periods of time. When rehiring, the Employer shall give preference to former Employees if they are available within three (3) weeks and their desire for re-employment is known to the Employer and who have been laid off within the preceding six (6) months. As among such Employees, those who have been laid off the shortest period of time shall be afforded the greatest preference.

(B) An Employee rehired under this section shall not be considered as an introductory Employee.

(C) An Employee rehired under this section, in the same classification as when laid off, will receive credit for time worked in that classification when determining his wage rate at the time of rehire. An Employee rehired within ninety (90) working days under this section, in the same classification as when laid off, will be reinstated on the date of full-time re-employment in all fringe benefit programs, without penalty unless otherwise prohibited.

Section 12. Termination notice/severance

(A) The Employer shall give Employees designated for layoffs to reduce the force at least two (2) weeks notice or in lieu thereof two (2) weeks pay and Employees shall give the Employer two (2) weeks notice of intent to resign.

(B) Upon discharge to reduce the force, or because of permanent suspension of publication, an Employee, with one (1) year of service or more, covered by this agreement shall receive in a lump sum, an amount equal to two (2) weeks pay for each year of his service with the Employer. Such sum is to be computed at the highest rate of regular weekly pay received by the Employee during the immediate six (6) months preceding termination of employment. However, no Employee will receive total severance pay in excess of seven (7) weeks pay, except that for each year of service in excess of twenty (20) years, an Employee will earn one (1) week of additional severance pay (as computed above) for each year of such service up to a maximum of four (4) additional weeks pay.

(C) This section shall not apply to introductory Employees.

Section 13. Employee competency

The Employer is the sole judge of the competency of Employees. However, if an Employee is judged incompetent by the Employer, this will not waive the procedures afforded the Guild in Section 10(B) of this agreement.

Section 14. Hours

(A) Forty (40) hours within five (5) days shall constitute a week's work. Excluded from the 5-day provision are Employees in the Classified Phone Room and District Managers and District Manager Trainees in the Circulation Department. Eight (8) hours worked within nine (9) consecutive hours shall constitute a day's work, unless mutually agreed upon by the employer and supervisor. Hours worked in excess of forty (40) hours within any one week shall be compensated at one and one-half times the Employee's regular wage reduced to an hourly basis and shall be paid in cash or as "compensatory time" as currently outlined in WAC 296-128-560. However, Staff Photographers, Reporter Trainees, Staff Reporters, Copy Editors, Ad Production Clerks and Assistant News Editors may be scheduled to work four (4) days of ten (10) hours when scheduled in compliance with Paragraph (B) below. Outside Advertising Salespersons are exempt from the hours restrictions and overtime compensation provided by this section.

(B) Schedules of days and hours of work will be maintained by the Employer and will be posted by Directors on appropriate bulletin boards not later than Friday morning for the following two (2) calendar weeks. Directors will try to maintain days off on corresponding days of each week and will try to schedule them on consecutive days with one (1) of the days falling on a Saturday or Sunday except in cases of mutual agreement between the Employer and the Employee. Though schedule changes may be necessary from time to time, the Employer agrees to hold them to an absolute minimum and to involve as few Employees as possible.

(C) When an Employee finishes a shift and is called back to perform additional work, the Employer will pay for the actual call back time worked or a guaranteed minimum of two (2) hours, all at the overtime rate. The Employer agrees to hold all call backs to an absolute minimum. This provision also applied when employees are called to do work on their days off.

(D) Employees shall be paid every other week for the two-week period ending the prior Saturday.

(E) Employees on out-of-town work assignments shall be paid time and one-half in cash for travel and work combined as specified by the classification in Paragraph (A) above. Employees sent out-of-town for the purpose of job-related training shall be paid time and one-half in cash for travel time occurring during normal work hours and training time combined as specified by the classification in Paragraph (A) above.

(F) Both the Employer and the Guild agree to abide by Federal and State laws applicable to rest periods and meal periods.

(G) The Employer agrees that its Directors will try to maintain a schedule that allows for a minimum of twelve (12) hours between shifts in order to give Employees time for rest.

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Section 15. Holidays

(A) There shall be eight (8) recognized holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. The holiday will be the legally observed day rather than the calendar day if there is a conflict. Employees required to work on a holiday or the observed holiday shall be paid at their regular rate reduced to an hourly basis for the actual time worked. In addition they shall have the option of a regular day's pay as holiday pay or an additional day off on a mutually agreeable day. If a holiday or day observed as such falls on an Employee's regular day off, an additional day off will be granted within the same payroll period on a mutually agreeable day. If the additional day off cannot be granted within that two-week period, the Employer will pay the Employee a regular day’s pay as holiday pay. Provided that such holiday pay, when it constitutes a sixth (6^th) shift within a single week, will not be at time-and-a-half, but at straight time.

(B) In addition to the holidays listed in (A) above there will be an additional holiday, designated as a Personal Day for Employees who have completed three (3) months of continuous full-time employment. This Personal Day will be arranged between each Employee and his supervisor, provided it must be scheduled prior to October 1 of each year and will not be carried forward or paid if not taken except in the event that day is denied by the Employer. A Personal Day will not be granted after an Employee has given notice of intention to terminate employment with the Employer.

Section 16. Vacation

(A) During any one (1) year beginning January 1 Employees shall earn vacation with pay to be taken during the following year by establishing vacation credits on the following basis:

1. Less than one (1) full year of employment—1 day for each 22 days or major fraction thereof actually worked—maximum 10 days, 5 days of which may be taken after 6 months of employment.

2. More than one (1) full year of employment but less than two (2)—1 day for each 20 days or major fraction thereof actually worked—maximum 11 days.

3. More than two (2) full years of employment but less than three (3) - 1 day for each 19 days or major fraction thereof actually worked—maximum 12 days.

4. More than three (3) full years of employment but less than four (4) - 1 day for each 18 days or major fraction thereof actually worked—maximum 13 days.

5. More than four (4) full years of employment but less than five (5) - 1 day for each 17 days or major fraction thereof actually worked—maximum 14 days.

6. More than five (5) full years of employment but less than ten (10) - 1 day for each 16 days or major fraction thereof actually worked--maximum 15 days.

7. More than ten (10) full years of employment - 1 day for each 12 days or major fraction thereof actually worked—maximum 20 days.

(B) Employees with the longest continuous length of service with the Company will have first choice of posted vacation schedule applicable to their classification. Seniority vacation preference will be in effect between January 1 and March 31 of any year. Between April 1 and the following December 31 new vacation requests will be on a first-come basis. The Employer will provide reasonable notice of vacation schedules and Employees will provide reasonable notice should they request a change in vacation schedule. Employees entitled to three (3) weeks or more of annual vacation will be expected to schedule at least two (2) weeks of such vacation in blocks of not less than five (5) nor more than ten (10) days.

On January 1, 2005, all Employees will have any previously earned but unused vacation time credited to their vacation bank, including vacation time earned between June 1, 2003 and May 31, 2004.  In addition, as of January 1, 2005, Employees also will be able to access all vacation time earned between June 1, 2004 and December 31, 2004.  It is incumbent upon Supervisors and Employees to schedule vacation in compliance with current contract provisions and in a manner that assures adequate staffing levels.

(C) Anyone leaving employment with the Employer, voluntarily or otherwise, shall be granted pay for all vacation earned during the previous year not already taken plus all credits earned during the year of termination within the limitations and permissible maximums set forth in Subsection (A) 1 through 7. However, if an Employee voluntarily resigns or is discharged for just cause before six (6) months of employment, all vacation benefits will be forfeited.

(D) Payment of vacation shall include night differential for Employees who have been regularly scheduled to work nights for at least five (5) shifts per week during the preceding three (3) months.

(E) During negotiations for this Agreement, the parties discussed other changes to contract provisions on vacation, including switching to a system in which Employees may use vacation as they accrue it.  If, during the term of this Agreement, the Yakima Herald-Republic acquires technology that would make the accounting for such a system easy and clear for Employees to understand, the Guild agrees to reopen this Agreement for the limited purpose of discussing changes to the vacation section.  Proposed changes could not be bargained to impasse and imposed on the membership.

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Section 17. Insurance

(A) The medical, dental, surgical and hospitalization plan premiums for an Employee and for coverage of spouse and dependent children following three (3) months of continuous full-time service will be shared by the Employer contributing 75% of the premium and the Employee contributing 25% of the premium through payroll deduction.

(B) Premium increases or decreases during the term of the contract will be shared: the Employer amount will be adjusted by 75% and the Employee amount by 25% of the increase or decrease.

(C) The Employer will continue to provide a group life insurance plan through the life of this agreement.

(D) The Employer agrees to provide an explanation of information on medical plan premium increases.

(E) Employee contributions required by Section 17(A) and (B) above and (F) below shall be diverted from the Employees' earnings on a pre-tax basis.

(F) A Vision Care plan will be available for qualified Employees and dependents, the premium to be paid by the Employee on a pre-tax basis.

(G) The Employer will continue the present Dependent Care Assistance Plan which allows Employees to pay for various expenses for the care of dependents described in the Summary Plan Description with pre-tax dollars.

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Section 18. Pension

The Employer will continue the present 401(k) Savings Plan for Affiliated Employees of the Yakima Herald-Republic during the life of this agreement.

Section 19. Sick leave/ bereavement leave

(A) Each Employee shall accumulate paid sick leave at the rate of one (1) day for every two (2) months of service, to a total of ninety (90) days. Benefits shall accumulate beginning at the time of employment, but an Employee may not use accumulated benefits until the completion of three (3) months continuous full-time service. Sick leave will be paid for illness of the employee or to care for a  child (including a disabled adult child) of the employee with a health condition or a spouse, parent, parent-in-law, or grandparent of the Employee who has a serious health condition or emergency condition as currently defined by WAC 296-130.  In the event that an Employee does not use any sick leave during a calendar year, effective January 1 the Employee will be given one (1) additional day (8 hours) of sick leave.

(B) The Employer maintains the right to require a doctor's certification of illness or release for return to work.

(C) Those Employees with more than three (3) years of continuous full-time service shall, upon the yearly anniversary date, have their sick leave replenished to a minimum of six (6) days if below that level due to surgery.

(D) An Employee will be eligible for bereavement leave after three (3) months of service. The Employee will be paid for up to three (3) consecutive scheduled work days for absence due to death in the immediate family of the Employee. Immediate family includes father, mother, step-father, step-mother, father-in-law, mother-in-law, grandparent, grandchild, brother, sister, child, step-child, spouse, son-in-law, daughter-in-law or domestic partner of either gender.  An Employee also may use up to three (3) consecutive days of sick leave for absence due to death in the immediate family of the Employee.

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Section 20. Jury duty/witness appearance

(A) The Employer will pay the difference between an Employee's regular pay and jury fee received for up to five weeks or twenty-five (25) consecutive working days. Additional jury duty will be allowed, but will be unpaid time. Employees released from jury duty during their scheduled shift will be expected to return to work.

(B) In the event an Employee is required to appear and give testimony in a court of law pursuant to the receipt of a subpoena issued by a court of competent jurisdiction in the State of Washington, the rules of jury duty pay will apply, provided the Employee's participation qualifies for receipt of a witness fee.

Section 21. Leaves of absence

(A) Leaves of absence without pay may be arranged by mutual agreement between an Employee and a Director, and will be granted subject to the approval of the Publisher.

(B) Up to 12 weeks of family and/or medical leave during any 12-month period will be granted to eligible Employees in accordance with the Family and Medical Leave Act of 1993 (FMLA). Family and Medical Leave will be unpaid time off, except any vacation time earned in excess of one week (5 days) must be taken before unpaid time is approved, and accrued sick leave may be used for illness of the Employee or for the Employee to care for a child (including a disabled adult child) of the Employee with a health condition or a spouse, parent, parent-in-law, or grandparent of the Employee who has a serious health condition or emergency condition as currently defined by WAC 296-130.

(C) Sick leave benefits may be applied to leaves of absence for illness, temporary physical disability or maternity leave up to the limit accumulated under the company's policy by the Employee for the period during which the Employee is unable to safely and efficiently perform his/her work. The Employee claiming benefits shall provide medical evidence establishing the period of disability, provided that the company shall have the right to verify any claims through physicians of its choice. If the Company requires an Employee to see its doctor for purposes of verification under this section, the Company will pay the fee. Fathers of newborn or newly adopted children may take up to three (3) days of sick leave to be with their family.

(D) In the event an Employee is elected or appointed to any office of the Newspaper Guild-CWA, or office of a local Newspaper Guild-CWA, such Employee shall be given unpaid leave of absence should he/she request such leave. The number of Employees on leave under this paragraph shall be limited to one (1) Employee from any department but no more than three (3) Employees at any one time and not to exceed five (5) working days each year per Employee.

Section 22. Classifications

(A) Classifications for the purpose of establishing minimum wage rates are attached as Appendix I to this agreement.

(B) Nothing in this section shall be construed to prevent individual Employees from negotiating with the Employer for salaries in excess of the minimums specified.

(C) When an Employee is required to substitute for another Employee in a higher salary classification, he shall receive a premium. An Employee who substitutes for another Employee in a higher classification or who substitutes for a supervisor for an entire day shall receive a premium of $5.00 per day.  Section 22(C) also shall apply to copy editors working as slot editor or local editor, and sports reporters assigned to copy editing shifts. If a part-time sports clerk is assigned to writing duties that require leaving the building, the clerk shall receive the substitute premium ($5.00) for that part-time shift.  This option is allowed only if the sports clerk is age eighteen or older and has provided required documentation as an approved driver of a personal vehicle.

(D) Initial experience rating will be determined by the Employer. Years specified in the minimum salary schedule in this section shall be construed to mean the actual years of experience in the specified job classification in the employ of the Employer.

(E) Each full-time Employee whose regular shift does not end by 6 p.m. shall receive a night differential of $3.50 per shift (At the beginning of the pay period which includes October 19, 2007, the night differential shall be $3.75 per shift.) This subsection does not apply to Circulation District Managers and Outside Advertising Salespersons.

(F) It is agreed that the Company may hire up to four (4) temporary interns who shall not displace regular Employees or be employed for more than a 12-month period.

(G) The Employer may employ Outside Advertising Salespersons whose wage rates are not established by Appendix I but who are compensated by a commission rather than a weekly wage rate. The commission will be mutually agreed upon between the Employer and the Employee.

(H) District Managers quarterly bonus goal shall be set by the 5th of the month beginning each new goal quarter.

(I) It is agreed that the Employer may hire no more than two (2) Reporter Trainees, two (2) Sales Trainees, one (1) Computer Operator Trainee, and one (1) District Manager Trainee at one time unless mutually agreed between the Guild and the Employer. Trainees shall not displace regular Employees or be employed for more than a two-year period.

Section 23. Expenses

(A) The Employer shall reimburse Employees for all authorized expenses incurred in the service of the Employer.

(B) Mileage for authorized use of personal vehicles on Employer business shall be compensated for at the rate of twenty-nine cents ($.290) per mile. Mileage rate will increase or decrease by one half cent for each ten cents ($.10) increase or decrease in the average retail cost of regular unleaded self-service gasoline reported for the area by the American Automobile Association.  (The AAA average cost of regular unleaded self-service gasoline upon which this rate was based was $2.057 as of June 24, 2004.)

(C) For the purpose of reimbursement of expenses to Employees who are authorized and required to use their home to perform company work, the following will apply:

1. The Employer agrees to pay the basic fee for one (1) telephone in the home of the Employee and will pay all toll charges and long distance charges connected with the job.

2. The Employer will pay the Employee a minimum of $50.00 per month for a full-time Employee or $25.00 per month for a part-time Employee who is required to use his/her home for office space in performing his/her duties.

3. Whenever an Employee is required to use his/her home as office space in the performance of his/her duties, the Employer agrees to outline the above provisions and the Employee will be required to sign a form stating that he/she has been properly informed of the requirement of the use of his/her home for an office and the provisions for reimbursement.

(D)  The Employer agrees to reimburse photographers for reasonable costs of repair if a photographer is using personal equipment with approval of the chief photographer or designee, on an assignment for the Employer, and the personal equipment is damaged or stolen, not due to negligence.

(E) The Employer shall reimburse Employees for business use of a cell phone with prior supervisor approval of business necessity.  At the Employer's discretion, reimbursement may be (1) a percentage of the Employee's own cell phone charges, based on the percentage of business usage minutes, (2) an amount equal to the cost of a cell phone plan which would cover the Employee's average minutes of business usage, to be reviewed and adjusted annually, or (3) providing the Employee with a cell phone.

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Section 24. Part-time employees

(A) The Employer may hire individuals to work less than eight (8) hours per day and/or less than thirty-five (35) hours per week. Such Employees shall be classed as part-time Employees and the provisions of this section alone shall cover their employment.

(B) All part-time Employees shall be subject to Section 6 (Assignment of Work), Section 8 (Grievance-Arbitration), Section 19(D) (Bereavement Leave) and Section 23 (Expenses).

(C) All part-time Employees shall be paid not less than the minimum salary in Appendix I for the classification into which they are assigned and they shall earn credit toward experience progression and advance based on length of service.

(D) Any part-time Employee who is required by the Employer to work more than forty (40) hours during any one (1) week shall be compensated at the rate of time and one-half in cash for all time actually worked in excess of forty (40) hours during any one (1) week. Outside Advertising Salespersons are exempt from the hours restriction and overtime compensation provided by this section.

(E) All part-time Employees shall be compensated on an hourly basis for all time actually worked on holidays at the rate of time and one-half in cash.

(F) Any part-time Employee who regularly works between twenty (20) hours and thirty-five (35) hours per week shall be covered by Section 16 (Vacation) on a pro-rata basis and shall also be covered by Section 9 (Introductory Period) and Section 10 (Dismissals).

(G) Part-time Employees who have completed three (3) months of continuous service, averaging between twenty (20) hours and thirty-five (35) hours per week during that time will be eligible for participation in the medical and dental insurance plan for themselves and their eligible dependents at their own expense.

(H) If a part-time sports clerk is assigned to writing duties that require leaving the building, the clerk shall receive the substitute premium of $5.00 for that part-time shift.  This option is allowed only if the sports clerk is age eighteen or older and has provided required documentation as an approved driver of a personal vehicle.

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Section 25. Strikes-lockouts

(A) During the life of this agreement, the Guild, its officers, agents and Employees represented by this agreement agree that they shall neither engage in nor encourage any strikes, slowdowns, work stoppages, or sit-downs, including sympathy strikes, and sympathy picketing of the Employer.

(B) Any Employee who violates this provision shall be subject to disciplinary action.

(C) Any suit for damages resulting from the Guild's violation of this section shall not be subject to the arbitration provisions of this agreement.

(D) During the life of this agreement the Employer shall not lockout any of the Employees covered by this agreement.

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Section 26. Miscellaneous

The Guild shall have the right to maintain four (4) bulletin boards in convenient plant locations for use of the Guild members for official Guild information. When job openings occur within the bargaining unit, notice will be given to the Guild for posting. (This provision may be subject to the grievance provision, but not to arbitration.)

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Section 27. Transfers

The Employer agrees that no Employee within the unit represented by the Guild will be required to transfer to another newspaper owned by The Seattle Times Company, Inc. without the consent of the Employee.

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Section 28. Complete agreement

This agreement (together with any letters of agreement executed concurrently herewith) is the complete agreement between the parties and supersedes all prior agreements and practices. It is also acknowledged that during negotiations which resulted in this agreement the Guild and the Employer had the full right and opportunity to make demands and proposals with respect to all people subject to collective bargaining and that both parties agree, for the life of this agreement, that neither shall be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement.

To the best knowledge and belief of the parties this agreement now contains no provisions which are contrary to Federal or State law. Should, however, any provision of this agreement at any time during its life be held by a court of competent jurisdiction to be in conflict with Federal or State law, either party shall have the right to open this agreement on those matters held to be in conflict with the law.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of September, 2004.

YAKIMA HERALD-REPUBLIC, INC.          PACIFIC NORTHWEST NEWSPAPER GUILD,

                                                                        TNG-CWA LOCAL 37082

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