Pawtucket Times Contract
AGREEMENT
BETWEEN
NORTHEAST PUBLISHING COMPANY, INC.
AND
PAWTUCKET NEWSPAPER GUILD, LOCAL NO. 31185
TNG/CWA (AFL-CIO)
ARTICLE I - PURPOSE OF AGREEMENT
It is the intent and purpose of this Agreement to promote and improve the industrial and economic relationship between the Publisher and its employees.
1. Except as otherwise provided herein, this Agreement relates to and covers, and the term "employee" as used herein shall include, all employees of the Publisher in the News, Advertising, Commercial, and Maintenance Departments of the newspaper published by the Publisher in Pawtucket, Rhode Island, and now known as "The Times."
2. The Publisher hereby recognizes the Guild as the sole bargaining representative for all employees of the Publisher covered by the Agreement.
3. The parties to this Agreement agree that there shall be no discrimination or coercion against any employee because of his/her membership or non-membership in the Guild, nor because of race, creed, age, sex, color, or national origin, or mental or physical handicaps.
4. The Publisher shall furnish to the Guild in writing within a week after their employment the respective name, address, social security number, date of hire, sex, minority status, date of birth, contract classification, salary, and experience rating of persons employed after the effective date of this Agreement.
5. All employees covered by this Agreement who are members of the Guild on the effective date of this Agreement (for this Agreement the effective date shall be the ratification date, which date is the sixth (6th) day of May, 2004) or who thereafter become members shall as a condition of employment maintain their membership for the duration of this Agreement.
6. Not less than eight (8) out of every ten (10) employees, without regard to department, hired after the date of this Agreement shall, as a condition of employment, as soon after their date of hire (or the date of ratification of Agreement) as legally permissible, thirty (30) days, become and remain members of the Guild for the duration of this Agreement.
7. The Publisher shall furnish to the employee and to the Guild a copy of any criticism, commendation, appraisal or rating of such employee's performance in the employee's job simultaneously with its being placed in the employee's personnel file. The employee and/or the Guild shall be allowed to place in such a file a response to anything contained therein which such employee and/or the Guild deems to be adverse. No derogatory personnel record shall have any effect after one (1) year following its date, provided no subsequent derogatory record has been placed in said file during the interim period.
8. The Publisher shall notify the Guild in writing in a timely fashion of any changes regarding merit increases, step-up increases, classifications or changes in any of the data listed in Section 4, including resignations, retirements or deaths.
1. The following shall be exempted from the application of this Agreement: Managing Editor, Assistant Managing Editor, City Editor, News Editor, Correspondents*, Occasional Writers, Promotion Manager, Controller, Production Manager, Advertising Manager, Classified Advertising Manager, Retail Advertising Manager, Credit Manager, Co-op Manager, Building Superintendent, Maintenance Supervisor, Confidential Secretaries and Business Office Manager.
Should there be a dispute between the parties over a position which the Publisher wishes to exempt, the unresolved issue shall be submitted to expedited arbitration through the American Arbitration Association. If the position in dispute has previously been covered by the Agreement as a non-exempt position or if a bargaining unit employee is hired to fill a newly created position, then the employee hired for the position in either case shall be covered by the terms and conditions of this Agreement until the matter is decided or ninety (90) days have elapsed since the filing with AAA, whichever occurs first. The award of the arbitrator shall be final and binding.
*CORRESPONDENTS --
a) The Publisher shall determine the assignments of a reporter or the use of a correspondent in those areas where a reporter is normally assigned. The Publisher is limited to the use of eight (8) correspondents on any one (1) day, except more may be used for special sections, ie. Momentum, Business Review, etc. upon consultation with and agreement with the Guild. Nothing in this section shall limit the Publisher's acceptance of news items that would not normally be covered by a reporter.
b) There shall be no use of correspondents in the cities of Pawtucket and Central Falls, except (1) on the basis of how correspondent copy has traditionally been used (i.e. sport reports by student correspondents, correspondent stories on neighborhood features, etc.); (2) if the total number of correspondents, including those used in Central Falls and Pawtucket, does not exceed the limit of 8 as outlined in subsection 1.a) above; (3) that correspondents may be used for special sections, i.e.. Momentum, Business Review, etc. as outlined in subsection 1.a) above; or (4) emergencies.
c) The Publisher is not limited in its use of correspondents (except as noted in Section (a) above) in those areas not regularly covered by a reporter now or in the future.
d) The Publisher shall not use correspondents to replace any reporter currently employed.
2. All persons who are employed by the Publisher on a contract basis, as distinguished from a weekly salary basis, for a special job or series of special jobs shall be exempt from the application of this Agreement, but no such person or employee shall be employed to permanently replace any employee covered by this Agreement, and the Publisher agrees that whenever it is feasible to do so, it will give prior written notice to the Guild of the employment of any such person or employee. All temporary employees and all summer replacements shall be subject only to the wage and hour provisions of this Agreement and shall otherwise be exempt from the application hereof.
a) A part-time employee is one who is hired to work regularly less than seventy-five percent (75%) of the work week provided in this Agreement. A temporary employee is one employed for a special project or for a specified time, in either case not to exceed three (3) months unless agreed to by the Guild, except when replacing an employee on a leave of absence not to exceed one (1) year. The Guild shall be notified in writing as to the nature of such project and its duration.
b) Part-time and temporary employees shall not be employed where, in effect, such employment would eliminate or displace a regular full-time employee.
c) A part-time employee shall be paid on an hourly basis equivalent to the weekly minimum salary provided for the employee's classification and experience, and shall advance on the scale of wage minimums and receive all benefits (at the applicable wage scale at which the benefits were accrued) based on length of employment with the Publisher, and not on actual hours worked.
3. The Suburban Editor and the State Editor shall be exempt from the provisions of this Agreement with respect to wages, hours, and overtime. Salaries of the above positions shall be no less than the contractual salary of Sports Editor.
4. New employees are excluded from the application of this Agreement during the first ninety (90) days or nights of their employment by the Publisher, except that the Publisher agrees that new employees shall be subject to the wage and hour provisions of this Agreement and subject to the provisions of Article II, Section 6, and Article X.
ARTICLE IV - TRANSFERS AND PROMOTIONS
1. Notice of vacancies shall be posted ten (10) days in advance of filling the vacancy. Such notice shall contain a general, but not necessarily all-inclusive, description of the qualities or skills sought from job applicants. The Publisher shall continue the practice of considering seniority in the filling of vacancies. If the vacancy is not filled within sixty (60) days of the expiration of the posting period, and the Publisher later wishes to fill the position, such vacancy will be re-posted.
2. The Publisher shall discuss with an employee who is denied a promotion the reasons that he or she was not selected.
3. No employee shall be promoted over his/her objection.
4. No employee shall be penalized in any way for refusing to accept a promotion.
5. No employee shall be transferred to another newspaper without the employee's consent.
1. The minimum weekly wages shall be as set forth below:
NEWS DEPARTMENT:
| Sports Editor | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 721.65 | 734.11 | |||
| 5-06-2005 | 734.28 | 746.96 | |||
| 5-06-2006 | 748.97 | 761.89 |
| Copy Editors | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 702.36 | 709.21 | |||
| 5-06-2005 | 714.65 | 721.62 | |||
| 5-06-2006 | 728.94 | 736.05 |
| Modern Living Editor | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 702.36 | 709.21 | |||
| 5-06-2005 | 714.65 | 721.62 | |||
| 5-06-2006 | 728.94 | 736.05 |
| Reporters & Photographers | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 439.66 | 511.76 | 590.54 | 651.91 | 702.41 |
| 5-06-2005 | 447.35 | 520.72 | 600.87 | 663.32 | 714.70 |
| 5-06-2006 | 456.30 | 531.13 | 612.89 | 676.59 | 729.00 |
| Librarian | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 385.43 | 406.24 | 428.02 | ||
| 5-06-2005 | 392.17 | 413.35 | 435.51 | ||
| 5-06-2006 | 400.01 | 421.62 | 444.22 |
| Editorial Clerks | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 390.20 | 406.33 | 438.70 | ||
| 5-06-2005 | 397.02 | 413.45 | 446.38 | ||
| 5-06-2006 | 404.97 | 421.71 | 455.31 |
ADVERTISING DEPARTMENT:
| Advertising Sales Representatives | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 294.85 | 356.79 | 416.06 | 471.40 | 516.93 |
| 5-06-2005 | 300.01 | 363.04 | 423.34 | 479.65 | 525.98 |
| 5-06-2006 | 306.01 | 370.30 | 431.81 | 489.24 | 536.50 |
| Layout Artist | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 439.70 | 480.51 | |||
| 5-06-2005 | 447.39 | 488.92 | |||
| 5-06-2006 | 456.34 | 498.70 |
| Assistant Layout Artist | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 416.34 | 453.69 | |||
| 5-06-2005 | 423.63 | 461.63 | |||
| 5-06-2006 | 432.10 | 470.87 |
| Layout Clerk | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 363.12 | 381.80 | |||
| 5-06-2005 | 369.47 | 388.48 | |||
| 5-06-2006 | 376.86 | 396.25 |
| Advertising Clerks and Telemarketing Reps. | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 381.80 | 397.95 | 430.31 | ||
| 5-06-2005 | 388.48 | 404.92 | 437.84 | ||
| 5-06-2006 | 396.25 | 413.01 | 446.60 |
| Inside Classified Ad Solicitors | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 264.41 | 293.26 | 320.24 | ||
| 5-06-2005 | 270.06 | 298.40 | 325.85 | ||
| 5-06-2006 | 275.46 | 304.36 | 332.36 |
COMMERCIAL DEPARTMENT:
| Billing, Statement and Payroll Clerks | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 386.82 | 417.58 | 448.40 | 482.94 | |
| 5-06-2005 | 393.59 | 424.89 | 456.24 | 491.39 | |
| 5-06-2006 | 401.46 | 433.39 | 465.37 | 501.22 |
| Cashiers | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 368.71 | 398.83 | 428.02 | ||
| 5-06-2005 | 375.16 | 405.81 | 435.51 | ||
| 5-06-2006 | 382.66 | 413.93 | 444.22 |
| Switchboard Operators | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 365.03 | 383.91 | 410.07 | ||
| 5-06-2005 | 371.42 | 390.63 | 417.25 | ||
| 5-06-2006 | 378.85 | 398.44 | 425.59 |
| Messengers | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 350.43 | 358.23 | |||
| 5-06-2005 | 356.56 | 364.50 | |||
| 5-06-2006 | 363.69 | 371.79 |
MAINTENANCE DEPARTMENT:
| Maint. Employee A | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 479.15 | 496.07 | |||
| 5-06-2005 | 487.54 | 504.75 | |||
| 5-06-2006 | 497.29 | 514.85 |
| Maint. Employee B | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 |
|---|---|---|---|---|---|
| 5-06-2004 | 437.73 | ||||
| 5-06-2005 | 445.39 | ||||
| 5-06-2006 | 454.30 |
In addition to the wages provided above, Advertising Sales Representatives and Inside Classified Advertising Solicitors shall be covered by incentive programs for increased sales as follows:
Advertising Sales Representatives
Achieve 92.0% of monthly revenue goal = $100 commission
Achieve 95.0%-99.9% of monthly revenue goal = $325 commission
Achieve 100% of monthly revenue goal = $650 commission
Achieve 100.99%-105% of monthly revenue goal = 6% on incremental revenue
Achieve 105.1%-110% of monthly revenue goal = 8% on incremental revenue
Achieve 110.1% + of monthly revenue goal = 10% on incremental revenue
Goals set and commissions paid will be on ad revenue assigned to the individual sales representative including local accounts and major accounts with certain exceptions. Example: Apex and the two anchor TMC preprint advertisers.
Inside Classified Advertising Solicitors
Achieve 92.0% of monthly revenue goal = $74 commission
Achieve 95.0%-99.9% of monthly revenue goal = $240 commission
Achieve 100% of monthly revenue goal = $480 commission
Achieve 100.99%-105% of monthly revenue goal = 4% on incremental revenue
Achieve 105.1%-110% of monthly revenue goal = 6% on incremental revenue
Achieve 110.1% + of monthly revenue goal = 8% on incremental revenue
The monthly revenue goal for each individual sales representative covered by this incentive program, which may change from month to month, and decisions with respect to the administration of this incentive program shall be determined solely by the Publisher, provided that the sales representative and the Guild shall be given notice of any changes and an opportunity to meet and confer with the Publisher before implementation of such changes.
At employee option, Advertising Sales Representatives shall be advanced seventy-five dollars ($75) a week, full-time Inside Classified Ad Solicitors fifty dollars ($50) a week, and part-time Inside Classified Ad Solicitors twenty-five dollars ($25) a week against any commissions payable to them.
Advertising Sales Representatives and Inside Classified Advertising Solicitors who are on incentive programs are to have dismissal pay and pension benefits computed on their base wage, plus incentive earnings, thereby reflecting their total earnings.
2. The Publisher will establish no later than January 31, 1991, unless an extension is sought due to unforeseen circumstances and mutually agreed upon, a pretax payment plan pursuant to Section 125 of the Internal Revenue Code of 1986, as amended, under which employees shall be given the ability to pay medical insurance premium costs through payroll deduction before taxes.
The Publisher will also establish a joint committee to explore the feasibility of a pretax savings plan pursuant to Section 401 (k) of the Internal Revenue Code of 1986, as amended, under which employees shall be given the ability to put aside money into a savings program prior to the application of taxes. If feasible, such a plan shall be implemented concurrent with the start of a successor Agreement, December 22, 1991. An employee's wages will be reduced by the amount of any deduction elected by the employee pursuant to such plans.
3. In the application of the schedules of minima set forth in Section 1 above, the years of experience of any employee in any of the classifications listed thereon shall include all comparable employment in such classification for any employer.
4. Except as hereinafter provided in this Article, each employee in the News, Advertising, Commercial, and Maintenance Departments who is in the employ of the Publisher shall from time to time during the term of this Agreement receive for all work performed by him/her the applicable minimum weekly salary as provided in Sections 1 and 7 of this Article for his/her years of experience in the job classifications in which he/she is permanently classified.
5. Any employee, who is assigned to work on a work period beginning between 6:00 p.m. and 6:00 a.m. on a work period which starts after 1:00 p.m., or on a Sunday and Saturday (except in the case of working on a continuing work period requiring overtime or except in the case of working on a work period as a result of a call back or early call-in or a work period shorter than his/her regular shift and in each case involving the payment of overtime in accordance with the provisions of this Agreement) shall be paid for all time worked a premium of eighty-five cents ($.85) an hour, in addition to his/her hourly day rate, which premium shall be added to the minimum salary of such employee as provided in Sections 1 and 7 of this Article while he/she is working on any such work period and shall constitute a part thereof. If any employee shall be entitled to such a premium in accordance with the terms hereof and shall also be entitled to the payment of overtime under the provisions of this Agreement by reason of having worked in excess of his/her regular shift in any one day or night, such overtime shall be computed on the basis of time and one-half such increased hourly rate.
6. There shall be no reduction in the minimum weekly salary as provided by Sections 1 and 7 of this Article of any employee during the term of this Agreement, except that if any employee is promoted to a higher classification the Publisher may within sixty (60) days of the date of promotion return him/her to his/her prior position and salary. In the event an employee's work assignment has to be changed as a result of new operating procedures, processes, or equipment, or because of the loss or impairment of his/her faculties, the Guild agrees to meet promptly with the Publisher to work out a new job classification and salary.
7. Nothing in this Agreement shall prevent employees from bargaining individually for pay increases in excess of the minima established herein, and in case the Publisher shall grant or shall have granted a pay increase to any such employee the weekly salary of such employee as so increased shall constitute his/her minimum weekly salary for all purposes of this Agreement instead of his/her minimum weekly salary as provided in Section 1 of this Article. The Publisher shall promptly notify the Guild of all such increases which may be granted by it. Notwithstanding the foregoing, the amount of all general salary increases shall be based on an employee's contract classification minimum rather than his/her actual salary.
8. The Publisher shall promptly notify the Guild of any change which may be made in the experience rating of any employee covered hereby.
9. If any Reporter with four (4) or more years' experience shall be permanently promoted to or hired as a Copy Editor during the term of this Agreement, he/she shall receive the minimum weekly salary of a Copy Editor for the second year of experience as provided in Section 1 of this Article, and if any Reporter with less than five (5) years' experience shall be so promoted or hired, he/she shall receive the minimum weekly salary of a Copy Editor for the first year of experience as provided in said Section 1.
10. Each employee in the Advertising and Commercial Department shall perform such work in his/her department as the Publisher shall from time to time direct without receiving any extra compensation therefore, including, but without limiting the generality thereof, the regular performance of work in one or more job classifications in addition to the performance of his/her work in the job classification in which he/she is permanently classified and the temporary performance of work in any supervisory position or in any other job classification or classifications in addition to or other than the job classification in which he/she is permanently classified unless he/she shall be entitled to the premium set forth below in which case such premium shall be added to the minimum weekly salary of such employee as provided in Section 1 of this Article during any work week in which he/she shall have earned the same and shall constitute a part thereof:
a) If any Advertising Sales Representative shall be directed by the Publisher to temporarily perform the duties of the Retail Advertising Manager, he/she shall receive, in addition to his/her minimum weekly salary, a premium of five dollars and fifty cents ($5.50) per day for each full day or night worked in the performance of such duties.
b) If a third-year Advertising Clerk is permitted by the Publisher to substitute for an Advertising Sales Representative while the Advertising Sales Representative is on vacation or a similar short period of sick leave, the Advertising Clerk will be paid a premium of four dollars ($4.00) for each shift of which four (4) hours or more are spent in the performance of such duties.
c) If an Assistant Layout Artist is permitted by the Publisher to substitute for a Layout Artist while the Layout Artist is on vacation or a similar short period of sick leave, the Assistant Layout Artist will be paid a premium of three dollars ($3.00) for each shift of which four (4) or more hours are spent in the performance of such duties.
d) If a Layout Clerk is permitted by the Publisher to substitute for an Assistant Layout Artist while the Assistant Layout Artist is on vacation or a similar short period of sick leave, the Layout Clerk will be paid a premium of two dollars ($2.00) for each shift of which four (4) or more hours are spent in the performance of such duties.
e) If an Inside Classified Ad Solicitor is directed by the Publisher to temporarily perform the duties of the Classified Advertising Manager, he/she shall receive, in addition to his/her weekly salary, a premium of four dollars and fifty cents ($4.50) per day for each full day or night worked in the performance of such duties.
f) If a Billing, Statement and Payroll Clerk is directed by the Publisher to perform the duties of the Credit Manager, he/she shall receive in addition to his/her minimum weekly salary, a premium of four dollars and fifty cents ($4.50) per day for each full day or night worked in the performance of such duties.
11. Each employee in the News Department shall perform such temporary work in one or more job classifications in his/her own department in addition to or other than the performance of his/her work in the job classification in which he/she is permanently classified as the Publisher shall from time to time direct (including the performance of temporary work in any supervisory position) without receiving any extra compensation therefore unless he/she shall be entitled to one or more of the premiums set forth below and performs such duties for four (4) hours or more during a shift, in which case such premium or premiums shall be added to the minimum weekly salary of such employee provided in Section 1 of this Article during any work week in which he/she shall have earned the same and shall constitute a part thereof:
a) Reporter temporarily performing duties of:
| Position | Premium per shift |
|---|---|
| City Editor | $6.00 |
| News Editor | $6.00 |
| Editorial Writer | $6.00 |
| Suburban/State Editor | $4.50 |
| Sports Editor | $4.00 |
| Assistant to City Editor | $3.50 |
| Social News Editor | $3.50 |
| Copy Editor | $4.00 |
b) Copy Editor temporarily performing duties of:
| Position | Premium per shift |
|---|---|
| City Editor | $5.50 |
| News Editor | $5.50 |
| Editorial Writer | $5.50 |
| Suburban /State Editor | $4.00 |
| Sports Editor | $4.00 |
c) All of the foregoing premiums shall go into effect beginning with the date of ratification of this agreement.
ARTICLE VI - HOURS AND OVERTIME
1. a) Except as stated below, a period up to seven and one-half (7-1/2) consecutive hours, exclusive of a lunch period not exceeding one (1) hour, shall generally constitute the work day or night, in the case of work assignment with respect to the coverage of sporting events, in the case of conventions and other work assignments outside of the Publisher's circulation area, and in the case of work assignment in any emergency; and the basic normal work week shall be thirty-seven and one-half (37-1/2) hours consisting of five (5) days or nights which shall not exceed seven and one-half (7-1/2) hours in any one (1) day or night except as stated below; but any employee shall work overtime at the Publisher's request. The Publisher shall designate the starting time and the particular days or nights which shall be worked by any employee during the period from Sunday to Saturday, inclusive, and which shall constitute his/her normal basic work week and may change the same from time to time thereafter upon seventy-two (72) hours' notice to the employee affected unless such employees shall agree otherwise, but it is understood that no such agreement shall be required.
b) By mutual consent an employee and the Publisher may arrange for individual employees to work a four (4) day, thirty-seven and one-half (37-1/2) hour week at straight time on an occasional or permanent basis. Either the employee or the Publisher may cancel the agreement by informing the other party in writing before the following week's schedule is posted.
2. Overtime shall be paid for all work performed in excess of seven and one-half (7-1/2) hours in any one (1) day or night or thirty-seven and one-half (37-1/2) hours in any one (1) week, whichever is greater. The Publisher shall compensate for all overtime at the rate of time and one-half in cash, or may, by mutual consent, compensate in part or in full with time off equal to hours worked within compliance of applicable laws.
3. Any employee called back to work after his/her regular working day or night shall be paid for time traveling to and from such extra work in addition to the time worked (except for travel time specifically made between home and office), all at the overtime rate as aforesaid. Any employee called back to work on his/her day or night off shall be guaranteed at least four (4) hours of work at the overtime rate.
4. Any employee called to work before his/her regular working day or night shall be paid for all time worked prior to the commencement of his/her regular working day or night at the overtime rate as aforesaid in addition to his/her regular day's pay unless he/she shall have been notified by the Publisher to report to work at such time during the working hours of the preceding day or night.
5. The Publisher shall cause a record of all overtime to be kept which record shall be made available to the Guild at reasonable times.
1. a) The following days are the recognized paid holidays: New Year's Day, Memorial Day, Fourth of July, VJ Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and one (1) personal day.
b) Any employee assigned to work a shift on a paid holiday other than a personal day, shall be paid at the overtime rate of time and one-half. Employees covered under this Agreement who are required by the Publisher to work Thanksgiving Day or Christmas Day shall be paid at double his/her normal daily rate. Any employee who is assigned to work a shift starting after 12 p.m. (noon) on Thanksgiving Eve, Christmas Eve or New Year's Eve shall be paid at the overtime rate of time and one-half.
c) Should the state eliminate VJ Day as a legal holiday, the Publisher shall grant this holiday to each employee on his/her birthday or within thirty (30) days thereafter, unless a different time is mutually agreed upon between the Publisher and the employee involved.
d) In addition to the above, any employee using not more than two days of sick leave to which he or she is entitled under Article IX - Sick Leave, Section 6(a), shall be eligible for an additional personal day off with pay to be taken at a time mutually agreed upon between the Publisher and the employee involved. Those taking a personal day under this provision shall have reduced by one (1) the number of days which may be banked in that year under Article IX, section 6(b).
2. Employees covered by this agreement shall be paid their minimum weekly salary for the week in which such holiday shall fall if he/she works the full number of scheduled hours on his/her regularly scheduled shift next preceding and next following such holiday. If such holiday shall fall while an employee is on sick leave, he/she will be paid the sick pay he/she has been receiving.
Employees on military training (not to exceed two (2) weeks) shall receive holiday benefits.
3. If the day or night off of any employee shall fall on any of the foregoing holidays, the Publisher shall designate another day or night off for such employee at such time as its work requirements permit either during such week or within thirty (30) days thereafter, unless a different time is mutually agreed upon between the Publisher and the employee involved.
4. Any employee who actually works four (4) days or nights in a week containing one (1) of the foregoing holidays and is required to work on a fifth day during such a week shall be paid for time worked on said fifth day (guarantee of four (4) hours minimum) at the overtime rate computed on the employee's minimum weekly salary as provided in Sections 1 and 7 of Article V hereof in addition to his/her minimum weekly salary for the week in which such holiday shall fall, except as provided in Section 3.
1. Employees shall be granted paid vacation according to the following schedule:
a) Employed less than four (4) years as of June 1st: two (2) weeks.
b) Employed for four (4) years or more by June 1st: three (3) weeks.
c) Employed for ten (10) years or more by June 1st: four (4) weeks.
d) Employed for twenty-five (25) years or more by June 1st: five (5) weeks.
2. Employees who have actually worked less than two hundred (200) shifts in the twelve (12) -month period preceding January 1st shall receive vacation on the following basis:
a) Employed less than four (4) years, one (1) day for each twenty (20) days actually worked.
b) Employed for four (4) years or more, one (1) day for each thirteen (13) days actually worked.
c) Employed for ten (10) years or more, one (1) day for each ten (10) days actually worked.
d) Employed for twenty-five (25) years or more, one (1) day for each eight (8) days actually worked.
3. The rate of pay for the vacation period shall be the employee's minimum weekly salary as provided in Sections 1 and 7 of Article V hereof.
4. Those entitled to vacations will receive vacation pay in advance at the end of the financial week immediately prior to the vacation period.
5. The vacation schedule shall be arranged by the Publisher to assure satisfactory production. It is agreed that preferable weeks will be granted on the basis of seniority where possible, the Publisher to have final authority in determining the same.
6. Vacation credits shall accrue to July 1st of any year to employees who leave voluntarily or are discharged to reduce the force or by reason of incapacity or death sever their connection with the Publisher after July 1st of any year. In case of the incapacity or death of any employee, vacation pay based upon all of the vacation credits then accrued shall be paid as soon as it is practicable to such employee, wife, husband or his/her representative. Payment shall be made to the employee's closest surviving relative, or, if in dispute, to the employee's estate, as determined by state law.
7. Vacation credits must be used within the calendar year immediately following the year in which the credits were earned. No employees will be allowed to forego a vacation in any calendar year for the purpose of adding to the length of the vacation in any succeeding year. Fractional credits will not be carried forward into the following calendar year.
8. It is further agreed that if illness, accident, death, or some extraordinary event creates a shortage of competent employees, vacation days may be deferred.
9. It is also agreed that if the vacation of any employee shall include any holiday for which payment is to be made by the Publisher under this Agreement, such employee shall be given an additional day of vacation to be taken at such time as the Publisher shall determine.
10. Any employee entering active military service with any branch of the Armed Forces of the United States will receive vacation pay based on all the vacation credits then accrued to him/her.
1. Each employee shall be entitled to sick leave with pay in accordance with the following terms and conditions:
2. Each such employee must notify the Publisher at the beginning of any illness or within a reasonable time thereafter in order to be entitled to such sick leave.
3. Each such employee shall, if required by the Publisher, furnish a doctor's certificate stating that he/she is unable to perform his/her regularly scheduled work in order to be entitled to such sick leave for any such illness.
4. Each such employee shall, if required by the Publisher, permit a doctor selected by the Publisher to examine the employee at any time or times during any illness for the purpose of determining his/her ability to perform his/her regularly scheduled work, and the determination of such doctor shall be final as to whether or not such employee is entitled to such sick leave or to a continuation thereof.
5. Any such employee in order to be entitled to such sick leave must have been regularly scheduled to work for the Publisher during the entire period for which such sick leave is claimed hereunder and must have been prevented from performing such work by reason of illness.
6. Such sick leave shall commence on the first (1st) day or night for each illness during the calendar year in accordance with the following schedule:
a) Employed less than one (1) year - five (5) days/nights during the calendar year.
Employed more than one (1) year - ten (10) days/nights during the calendar year.
Employed more than two (2) years - twenty (20) days/nights during the calendar year.
Employed more than three (3) years - thirty (30) days/nights during the calendar year.
Additional sick leave may be granted at the Publisher's discretion.
b) Cumulative sick leave for long-term employees: Persons employed for eight (8) years or more shall be entitled to carry forward up to six (6) unused sick days per year to form a "bank" containing a maximum of thirty (30) additional sick days.
For example, a ten-year employee, using no previous sick leave, will have a total of forty-two (42) days sick leave, twelve (12) in the bank. The same employee uses thirty-five (35) days in his/her eleventh (11th) year. He/she now has seven (7) days remaining in the bank with no carry-over to the following year. If this individual had taken only twenty-seven (27) days in the eleventh (11th) year, three (3) days would be carried forward and added to the "bank."
7. The pay for such sick leave shall be in an amount equivalent to seven and one-half (7-1/2) hours' pay at the prevailing hourly rate of the employee entitled thereto for each day or night of such sick leave.
8. No such sick leave will be granted or paid for any illness of any such employee which shall be caused by the use of alcohol or by other self-dissipation. It is understood that this exclusion shall not apply to those employees institutionalized or under the treatment of a recognized physician.
9. No such sick leave will be granted or paid for any illness of any such employee while he/she is on vacation.
10. Such sick leave over sixty (60) days' or nights' duration shall not be construed as service time in computing step rates.
11. Notwithstanding any other provision of this Agreement, if any of the holidays specified in this agreement shall occur during the continuation of such sick leave, there shall be no duplication in the payment for such holiday and the payment for such sick leave.
12. a) If an employee is injured in carrying out his/her duties and becomes eligible for Workers' Compensation, the Publisher will, for a maximum of four (4) weeks during the time such employee is obliged to be away from work because of such injury, make up the difference between the amount the employee receives from Workers' Compensation insurance and the employee's regular weekly pay.
b) Any payments made by the Publisher under this provision shall not be counted as payments under sick leave provided in Section 6, above. During the same time an employee may be absent from work because of such accident and is receiving payment from the Publisher as herein stated, he/she will not receive payments as provided in Section 6 above.
c) If, after the four weeks referred to herein, an employee is still unable to return to work because of such accident injuries, or if the employee later becomes ill and is unable to work, he/she will be eligible for sick benefits as provided in Section 6 above.
d) The Publisher reserves the right to have employees, claiming such benefits, examined by the Publisher's doctor, and if there is a difference of opinion as to the employee's ability to resume work, the matter shall be referred to the Standing Committee as constituted in Article XIII of this Agreement.
e) This Section on accident payments shall not be effective unless an employee who is injured on his/her job reports such injury to the Publisher within forty-eight (48) hours of the time the injury was received.
1. The Publisher agrees to obtain for the life of this Agreement the Blue Shield Plan 100, the Blue Cross Semi-Private Plan, the Blue Cross $250,000 Major Medical Plan for prepaid hospital care, the Blue Cross Family Vision Care, Delta Dental Level 2 and Blue Cross student rider to age twenty-three (23) for all employees and their families as defined by Blue Cross and Blue Shield of Rhode Island, or agreed equivalent coverage. It is mutually agreed that a weekly sum of $56.67 for employees covered under the family plan and $24.18 for individual coverage will be applied to the purchase of above coverage. It is further agreed that any rate increase shall be shared equally between the Publisher and the employee.
2. As Health Maintenance Organizations are qualified under state and federal laws, the Publisher will make such alternative coverage available. The Publisher's participation in such plans shall be equal to the amount the Publisher presently is contributing to Blue Cross coverage.
3. New employees shall not be eligible to participate in the plans set forth in Sections 1 and 2 above until the first (1st) day of the month following the completion of ninety (90) days of continuous employment with the Publisher.
4. The Publisher and the Guild will create a joint committee to develop health and welfare programs, including, but not limited to, stress management. Programs will be developed and scheduled at the committee's discretion, at Publisher expense, and on the premises of The Times. The Publisher will only be expected to cover reasonable expenses as determined by the Publisher.
ARTICLE XI - RIGHTS OF MANAGEMENT
Except as specifically otherwise provided herein, nothing contained in this agreement shall be construed as limiting the Publisher in any way in the exercise of regular and customary functions of management, including, without limiting the generality of the foregoing, among such functions, the right to hire, transfer, discharge and discipline employees; the right to determine how, when, where, and by whom work is to be performed; and generally the right to make and enforce such reasonable rules and regulations relating to the operation of the Publisher's business as it shall determine advisable, which rules and regulations shall be communicated to the Guild before the same shall be effective.
Jurisdiction of the Guild is the kind of work either normally or presently performed by the employees covered by this Agreement and any other kind of work assigned to be performed by said employees. Performance of such work, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned to employees of the Publisher covered by this Agreement, except that past practices in regard to duties performed by employees specifically exempted from this Agreement shall continue during the life of this Agreement.
ARTICLE XIII - STANDING COMMITTEE
1. The Guild shall designate a committee of its own choosing to meet with the Publisher or its authorized agents to take up any question as to the meaning or application of this Agreement; provided, however, that no more than six (6) members of said committee shall be present at the same time at any such meeting or meetings, but said committee may have in addition to said number an outside representative to assist it. A grievance, in order to be timely, must be filed in writing with the Publisher within ninety (90) days of the Guild's knowledge of the events giving rise to the grievance or the time that the Guild reasonably should have known of them. The timeliness of the grievance may be submitted to an arbitrator.
2. If the committee and the Publisher, or its representatives, cannot reach a mutual agreement within a reasonable time, but in no case to exceed sixty (60) days from the date on which the dispute is first considered by them, the two sides shall, upon motion of either side, select an arbitrator by mutual agreement. In the event no mutual agreement has been reached on an arbitrator within fifteen (15) days of the motion, the arbitrator shall be selected according to the rules of the American Arbitration Association.
3. It is agreed that the decision of the arbitrator on any such dispute shall be final and binding on the parties hereto.
4. It is agreed that the arbitrator shall not have the power to change or modify any provision of this Agreement or to make any change whatsoever in the Publisher's wage rate structure.
5. The fees and expenses of the arbitrator shall be shared equally by the parties hereto.
6. Renewal of this Agreement shall not be a dispute under the jurisdiction of the arbitrator.
ARTICLE XIV - EXPENSES AND EQUIPMENT
1. The Publisher shall pay all legitimate expenses incurred by the employees in the performance of their duties provided such expenses are authorized by the Publisher or its representative.
2. (a) Employees required to use their own vehicles on a full-time basis shall be compensated at a rate of twenty-four cents ($.24) per mile for the first one hundred (100) miles in a work week, and twenty-three cents ($.23) per mile for all additional mileage in a given week. They shall receive a minimum of twenty-five dollars ($25) per work week. In addition, the Publisher shall provide parking for this group of employees.
(b) Employees required to use their own vehicles on an occasional basis shall be compensated at a rate of twenty-four cents ($.24) per mile for the first one hundred (100) miles driven in a work week, and twenty-three cents ($.23) per mile for all additional mileage in a given week. They shall receive a minimum of five dollars ($5.00) per day when they use their vehicles.
(c) The payment of the mileage allowance in Subsection a) and b) above shall be paid weekly and may be included in the amount of the employee's weekly pay check, but shall not be subject to withholding or any other taxes or deductions.
3. Necessary working equipment which is authorized by the Publisher shall be provided its employees and shall be paid for by the Publisher.
ARTICLE XV - OUTSIDE ACTIVITIES
1. Any employee of the Publisher shall be free to engage in any activity outside of working hours provided that such activity is not in competition with the Publisher and provided that such activity does not interfere with his/her duties for the Publisher. Any such employee shall not engage in any activity for any person or corporation other than the Publisher during working hours unless authorized to do so by the Publisher.
2. Further, without permission in writing from the Publisher, no employee shall use the name of the Publisher, or his/her connection with the Publisher, or any featured title or other material of the Publisher, to exploit in any way his/her outside endeavor.
ARTICLE XVI - MILITARY SERVICE
1. All employees covered by this Agreement shall be entitled to the benefits contained in any Selective Service Act or Universal Military Training Act which may have been passed or which in the future may be passed by the Congress of the United States or any other appropriate or applicable provisions of law; provided, however, that in the event that any such employee is otherwise entitled to the benefits contained in any such act or provision of law, but is physically incapacitated while engaged in any service required by any such act or provision of law to the extent that he/she is unable to carry on his/her former employment and the Publisher is unable to place him/her in other acceptable employment, he/she shall at the termination of his/her service be granted dismissal pay as of the date of termination.
2. Any employee serving with the National Guard, Army, Navy, Marines, Air Force or Coast Guard Reserve who is called to duty shall be granted leave of absence with pay. Such pay will represent the difference between wage remuneration received for such military duty and his/her straight-time wages for a period of up to seven (7) days during a calendar year, after which all additional military leave shall be considered unpaid.
1. As provided in Article III, Section 4, the Publisher shall have the unquestioned right to discharge employees for any cause within ninety (90) days or nights after the commencement of their employment, which period shall be deemed to be a probationary period.
2. No employee shall be disciplined by the Publisher after said probationary period except for good and sufficient cause, and there shall be no discharges after said probationary period except for the following reasons: a) good and sufficient cause, or b) to reduce the force. The term "to reduce the force" as used herein shall be construed as being synonymous with discharges for economy.
3. No employee shall be disciplined and/or discharged as a result of putting this Agreement into effect.
4. In the event of any contemplated discharge, except for gross misconduct while on duty or gross neglect of duty, the Publisher shall give the employee involved and the Guild two (2) weeks' notice of its intent to make the discharge, or shall give such employee two (2) weeks' pay in lieu thereof and shall notify the Guild to that effect immediately. Such notice or pay in lieu thereof, except when provided as employee dismissed to reduce the force, shall offset any dismissal pay owed the employee under Article XXII by two (2) weeks.
5. In the event of any discharge for good and sufficient cause and/or of any disciplinary action, both the employee involved and the Guild shall promptly after such discharge or disciplinary action receive a written notice from the Publisher or its agents stating the cause therefore.
6. a) Discharges to reduce the force, as distinguished from discharges for just and sufficient cause shall be made in inverse order of seniority in the classification.
b) The name of any employee who shall have been discharged to reduce the force shall be placed on a preferential rehiring list for a period of two (2) years from the date of his/her discharge, and after the expiration of said period his/her name shall be removed from said list.
c) In case the Publisher shall increase the force at any time while there are names of former employees on said list, it shall first offer employment to a former employee whose name appears on said list and who has had previous experience with the Publisher in the position to be filled, in order of seniority based upon service in the classification in which the vacancy occurs, before hiring any other person to fill such position. Such offer of employment shall be made by the Publisher by registered letter, postage prepaid, and mailed to the last address which shall have been furnished by such former employee to the Publisher, and in case such address of such former employee shall be outside the New England states, such letter shall be sent to said address by registered mail, but if such former employee shall have failed to furnish the Publisher an address to which such offer of employment shall be sent, the Publisher shall not be required to offer employment to such former employee.
d) The Publisher shall receive from such former employee notice of his/her intention to report for work within seven (7) days from the time such offer shall have been mailed to him/her by the Publisher, and in the event that it shall not receive such notice, such offer shall be deemed to have been declined by such former employee. If the Publisher shall have received from such former employee such notice of his/her intention to report for work, such former employee shall report to work for the Publisher within thirteen (13) days after it shall have received such notice, and in case he/she shall not do so, such offer shall be deemed to have been declined by him/her.
e) If a former employee on the rehiring list is rehired by the Publisher, such employee's previous years of employment with the Publisher shall be recognized in determining his/her length of service.
ARTICLE XVIII - LEAVES OF ABSENCE
1. Upon request, the Publisher shall grant employees leaves of absence without pay for such periods of time as it may determine, if in its opinion any such request is for good and sufficient cause.
a) Pregnancy shall be good and sufficient cause under Section 1 of this Article. However, the Publisher shall not be obligated to grant maternity leave prior to the seventh (7th) month of pregnancy unless recommended by the employee's physician. A maternity leave of up to six (6) months shall be granted upon request and satisfactory evidence of pregnancy.
b) A maternity leave of up to three (3) months shall be granted upon request for an adoptive parent.
c) In the event state law eliminates unpaid paternity leave, employees shall, upon request, be granted up to three (3) weeks of unpaid paternity leave.
2. In the event that an employee is elected to or appointed to an office of The Newspaper Guild or of a local of The Newspaper Guild or of the American Federation of Labor & Congress of Industrial Organizations (hereinafter called "AFL-CIO"), or AFL-CIO conventions, either national or local, or to special meetings called by The Newspaper Guild, such employee shall be given a leave of absence without pay provided that such absence will not exceed one (1) year; that such absence will not cause undue hardship in production in the case of any employee elected as such delegate; and provided that no more than one (1) employee will be absent at the same time to fill any such office.
3. If any employee shall return to work after the expiration of any such leave of absence, he/she shall be reinstated in the same position he/she left unless he/she is physically unable to resume his/her duties in which case he/she shall receive the dismissal pay to which he/she is entitled under Article XXII hereof. Such leaves of absence shall not serve to cancel previously accumulated credits towards dismissal pay, vacation, experience rating and other benefits of this Agreement, provided, however, that time spent on such leaves of absence shall not be counted in computing credits toward dismissal pay, vacation, experience rating and other benefits of this Agreement.
ARTICLE XIX - BEREAVEMENT LEAVE
In the event of a death in an employee's immediate family (wife, husband, sister, brother, father, step-parent, father-in-law, mother, mother-in-law, son or daughter), such employee will be allowed up to a maximum of three (3) days' absence from work without loss of pay for the purpose of attending funeral services and making necessary arrangements therefore. An employee shall be granted one (1) day's leave for grandparent, grandchild or legal guardian for the purpose of attending funeral services.
Any employee required to serve on a State or Federal jury, or testify before a State or Federal Court, will be paid the difference between remuneration received for such jury service and his/her straight-time wages for a maximum of forty (40) days. The employee will be required to present the Publisher evidence of days served and payment made to him/her by the Court for his/her service as a juror and/or witness.
1. Upon an employee's voluntary written assignment, the Publisher shall deduct weekly from the earnings of such employee and pay to the Guild treasury once a month all Guild membership dues. Such membership dues shall be deducted from the employee's earnings in accordance with the Guild's schedule of dues rates furnished the Publisher by the Guild. Such schedule may be amended by the Guild not in excess of four (4) times during any calendar year. An employee's voluntary written assignment shall remain effective in accordance with the term of such agreement.
2. The dues deduction assignment shall be made upon the following form:
ASSIGNMENT AND AUTHORIZATION TO DEDUCT GUILD MEMBERSHIP DUES
TO: Northeast Publishing Company, Inc.
I hereby assign to the Pawtucket Newspaper Guild, and authorize the Publisher to deduct from any salary earned or to be earned by me as his/her employee, an amount equal to all my Guild membership dues, as certified by the Treasurer of the Pawtucket Newspaper Guild, for each calendar week following the date of this assignment. I further authorize and request the Publisher to remit the amount deducted to the Pawtucket Newspaper Guild monthly.
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 continued automatically and shall be irrevocable for successive periods of one (1) year or for the period of each succeeding applicable collective bargaining Agreement between the Publisher and the Guild, whichever period is shorter, unless written notice of its revocation is given by me to the Publisher 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 bargaining Agreement between the Publisher and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which the Publisher receives it.
This assignment and authorization supersedes all previous assignments and authorizations heretofore given by me in relation to my Guild membership dues.
_____________________
Date
_____________________
Employee's Signature
1. If an employee is discharged for any reason except gross misconduct while on duty or gross neglect of duty, he/she shall receive an indemnity, in a lump sum, of cash equivalent to one (1) week's minimum salary as provided in Sections 1 and 7 of Article V hereof for every twenty-six (26) weeks of continuous service for the Publisher. Such pay is to be computed at the highest such minimum base pay, excluding all premiums like night differential and overtime, received by the employee during the last twelve (12) months of his/her service with the Publisher.
The employee's highest minimum base pay for the purpose of determining a lump sum of cash payable in the event of dismissal will include the average weekly regular commission paid in the twelve (12) months immediately prior to a dismissal of any salesperson who has received commission pay and who is entitled to such indemnity under this provision.
The maximum of such dismissal pay shall not exceed an amount equivalent to thirty (30) weeks minimum salary as provided in said sections 1 and 7 of Article V if the employee is discharged to reduce the force, and not to exceed an amount equivalent to twelve (12) weeks minimum salary if the employee is discharged for just and sufficient cause.
2. By mutual agreement, an employee collecting under this Article may be paid dismissal pay in weekly increments. Group health and/or life insurance may be continued by the employee at his/her expense for up to eighteen (18) months consistent with applicable federal law (COBRA, the Consolidated Omnibus Budget Reconciliation Act).
1. An employee's by-line or credit line shall not be used over his/her protest. In the event the Publisher decides to make substantive changes in a story, an employee's by-line or credit line will not be used, and the appropriate editor will make reasonable effort to discuss the changes with the reporter who wrote the story prior to its publication. An employee whose work or person is mentioned in a letter to the editor or on a recorded reader opinion system shall be informed of such letter or recording as soon as possible and shall have the right to respond to such letter or recording simultaneously and adequately on the page on which it is published, providing that the response of the employee is acceptable to the Publisher.
2. The Publisher agrees to provide a bulletin board suitably placed in each department for the use of the Guild.
3. Employees shall not be required to do work that is normally considered to be a part of the work of the mechanical departments of the Publisher.
4. All employees shall receive weekly written receipts for moneys deducted or withheld for Federal or State taxes, for voluntary participation in the purchase of U.S. Treasury bonds, or for any other purpose.
5. The Guild agrees that neither it nor any of its members during the period of this Agreement will solicit Guild membership during working hours.
6. Both parties to this Agreement agree that there will be no strikes, stoppages of work or slowdowns by members of the Guild and no lockout of the employees by the Publisher. The Guild agrees that if, in violation of the provision of this Section, members of the Guild shall engage in any strike, stoppages of work or slowdowns, the Guild will immediately order full resumption of work, and that no dispute will be taken up for settlement until there has been full resumption of work.
7. Except in the case of work received from or destined to any press or news service used by the Publisher, employees shall not be required to handle work received from or destined to another employer or publication whose employees are engaged in a strike against such employer or publication which has been sanctioned by The Newspaper Guild or any local thereof; provided, however, that no employee covered hereby shall refuse to handle any such work until four (4) days' notice has been given to the Publisher by the Guild that the work was received from or destined to any such employer or publication.
8. The Publisher and the Guild agree that when a requirement for surrender or disclosure of information, notes, documents, films or other material or the source thereof or for the authentication of any information or materials gathered by the employee in his/her capacity as an employee is made upon an employee by a federal, state, or municipal court, grand jury, agency, department, commission or legislative body, such employee shall notify the Publisher, or if such requirement is made of the Publisher, it shall notify the employee and the Guild. If the employee follows the advice of the Publisher or the advice of Publisher's counsel, the employee shall not suffer any loss of pay or other benefits to which the employee is entitled by reason of his/her employment with the Publisher. Where the employee has acted on his/her own (without authorization) and contrary to sound journalistic practices, the Publisher has no obligation to provide legal protection to the employee.
9. No employee will be discharged due to the installation of new equipment or processes.
10. The Publisher shall pay the full cost of a twenty thousand dollar ($20,000.00) life insurance policy for all employees.
11. The Publisher shall be limited to three (3) Editorial Clerk positions.
12. Change the formula in the Pension Plan from eight-tenths (8/10ths) of one percent (1%) to one percent (1%) effective January 1, 1985.
13. The Publisher will continue its practice, as it shall determine it is able, of paying the cost of educational courses which it feels will improve the skills of the employee. The Publisher shall be the sole judge of whether this benefit shall be provided on a case-by-case basis. Reimbursement of such costs will be predicated upon the prior approval by the Publisher and evidence of the employee's successful completion of the course work.
ARTICLE XXIV - DURATION AND RENEWAL
1. This Agreement shall commence on the sixth (6th) day of May 2004, and shall expire on the fifth (5th) day of May 2007, and shall inure to the benefit and be binding upon the Publisher, its successors and assigns, and the Guild and the employees represented by it.
2. Either the Publisher or the Guild may initiate negotiations for a new Agreement to take effect at the expiration of this present Agreement upon giving notice in writing to the other of its desire to do so at least sixty (60) days prior to the termination of this Agreement.
3. The terms and conditions of this Agreement shall remain in effect during such negotiations except that Section 6 of Article XXIII shall expire on May 5, 2007. If such negotiations do not result in a new Agreement prior to the expiration date of this Agreement, the terms and conditions of this Agreement other than said Section 6 of Article XXIII shall prevail during further negotiations until a new Agreement shall be reached by the parties hereto, and the new Agreement shall be made retroactive to May 7, 2004. Both parties retain their rights under the National Labor Relations Act, as amended.
PAWTUCKET NEWSPAPER GUILD
/s/ Douglas E. Hadden
President
NORTHEAST PUBLISHING CO., INC.
/s/ Gary Lawrence
Publisher
As agreed upon during previously completed negotiations:
JOINT COMMUNICATIONS COMMITTEE
The Publisher, as an individual, and any department heads designated shall meet at least once per quarter with a committee of not more than three (3) employees appointed by the Guild to discuss non-contractual matters with an eye toward improving communications and the product. Such meetings and discussions shall not be binding on either party. It shall be the Publisher's prerogative whether to implement any suggestions forthcoming from such meetings.
EXPANSION OF COVERAGE
In the event The Times extends its news coverage area, The Pawtucket Newspaper Guild agrees to one (1) additional Editorial Clerk over the limit established in Section 11, Article XXIII of this Agreement.
In the event such extended coverage is abandoned, the Publisher will revert back to the number of Editorial Clerks outlined in Section 11, Article XXIII. The Publisher, however, shall give the additional Editorial Clerk at least one (1) month's notice of any impending layoff, the individual shall receive any compensation due under the dismissal pay clause in the collective bargaining Agreement, and the individual shall be offered the next available opening (within two (2) years) in an Editorial Clerk's position.
It is understood that upon the hiring of the additional Editorial Clerk the equivalent of at least eighty percent (80%) of one (1) full time clerk's hours must be spent in duties related to the extended coverage.
In relationship to paragraph one, the current Times coverage area is defined as: Pawtucket, Central Falls, Cumberland, Lincoln, Seekonk and Attleboro.
AUTOMOBILES
In conjunction with amendments made to Article XIV, the Publisher agrees to continue to furnish vehicles to Photographers and Messengers as their work assignments require such transportation.
401K
Following signing of this Agreement, the Guild and the Company shall begin discussing the possibility of establishing a 401K program for employees.
PAWTUCKET NEWSPAPER GUILD
/s/ Douglas E. Hadden
President
NORTHEAST PUBLISHING CO., INC.
/s/ Paul V. Palange
Publisher
It is the company's intention to operate its incentive program for sales representatives and clerks in the retail and classified advertising departments, to provide them with additional sales and earning opportunities, in a fair and equitable manner.
The company has reviewed and established the 1999 goals for all employees in the advertising departments covered by the incentive program. Reviewing and setting reasonable annual goals, based on the prior year's actual sales, prior to the year for which they are effective is a practice the company will continue for at least the term of a new contract.
In addition, the company will continue, on a quarterly basis, to develop meaningful spiffs for special sections that are outlined well before implementation, to provide sales representatives with further incentive to increase lineage.
PAWTUCKET NEWSPAPER GUILD
/s/ Douglas E. Hadden
President
NORTHEAST PUBLISHING CO., INC.
/s/ Paul V. Palange
Publisher
I: Newsroom Work Schedule to be posted
The Guild and the Company recognize that a properly running work schedule requires cooperation between employees and management and that each has a role in contributing to the success of the newspaper.
The managing editor or his or her assigned designee, whether non-Guild or Guild personnel, shall develop and post a day-to-day Newsroom work schedule for reporters and photographers, including apportioning Sundays and holidays on an equal and rotating basis, as worked per year and year to year, so far as fairly practicable. Such staff shall be allowed to switch said days with each other upon their mutual agreement with management. Work schedule shall be posted four weeks in advance.
II. Shooting of major sports events primarily by staff photographers
Shooting of major sports events, including but not necessarily limited to high school football, the Pawtucket Red Sox, and events such as playoffs, shall be primarily the responsibility of staff photographers.
III. Timely notification of major journalism contests
The Company, in its continuing effort to promote the reputation of the newspaper, shall make every effort to notify eligible Guild members, in a timely fashion, of major journalism contests for which they may be eligible to compete. Such contests should include, but not necessarily be limited to, the newspaper's traditional entry into the annual contests by the Rhode Island Press Association and New England Press Association.
IV. Out-of-town coverage of Pawtucket- and Central Falls-based stories
The Company shall give staff writers preference to provide coverage of major Pawtucket- and Central Falls-based stories whose venues develop to extend outside those communities. Such major stories shall include but not be limited to criminal trials, high school graduations and issue-related stories that require comment from Pawtucket and Central Falls officials and/or experts.
Collectively:
For the Company:
/s/ Gary Lawrence
Publisher
For the Guild:
/s/ Douglas E. Hadden
President
Understanding regarding spiffs:
The following long standing practices shall be continued: 1) If a special section dies and ads are switched to ROP, spiff money shall still be paid to the ad reps. 2) Ads sold into special sections shall count toward goals.
The past practice shall continue in determining what constitutes switch business: 1) If the advertiser previously advertised in a similar special section it is not switch business. 2) The company shall review questionable ads to determine if the nature of the advertiser's business is appropriate to the nature of the special section. 3) The advertising manager shall discuss questionable ads with the sales representative in determining whether it is switch business.
TNG/CWA Local 31041
270 Westmister St., Providence, Rhode Island 02903
401-421-9466 | Fax: 401-421-9495
png@riguild.org