Woonsocket Contract
between
THE NEWSPAPER GUILD OF WOONSOCKET
and
THE EVENING CALL PUBLISHING COMPANY
This Agreement is made this 16th day of September, 2000 (the ratification date) between Northeast Publishing Company, Inc., as Publisher of The Call of Woonsocket Rhode island ("Publisher" or "Company"), and The Newspaper Guild of Woonsocket, local No. 31182, chartered by the Communications Workers of America, AFL-CIO (the "Guild"), for itself and, as the exclusive bargaining representative, on behalf of all employees of the Employer in the bargaining unit certified by the National Labor Relations Board in NLRB Case No. 1-RC-20870. (See Appendix A).
It is the purpose of this Agreement to promote and insure harmonious relations, cooperation and understanding between the employees and the Publisher, and to protect the safety and welfare of the employees.
In order to assure true collective bargaining and to establish proper standards of wages, hours, and working conditions, the Publisher pledges considerate and courteous treatment of his employees, and the employees in turn pledge their loyal and efficient service of the Publisher.
In the event that any provision of this Agreement shall become inoperative by reason of federal or state law, it shall be superseded by such law or regulation only while such law or regulation is in force and the remaining provisions of the Agreement shall not be affected thereby during the term of this Agreement.
1.1 The regular workweek for employees covered by this Agreement insofar as their work for the news, advertising, maintenance and service or circulation departments is concerned shall be (five) days, thirty-seven and one-half (37 1/2) hours per financial week. The working day shall be contained within eight and one-half (8 1/2) consecutive hours.
1.2 An employee in the bargaining unit substituting for the News Editor, Sports Editor, or the City Editor for four hours or more shall receive five dollars ($5.00) per shift so worked in addition to his regular rate of pay.
1.3 An employee recalled to work after the employee's regular working day shall be paid for all time worked, including travel time, but not less than five (5) hours, at the overtime rate. An employee called in on a scheduled day off in any week, including a holiday week, shall be paid for all time worked, but not less than five (5) hours, at the overtime rate.
1.4 The Publisher shall compensate for time over thirty-seven and one-half (37 1/2) hours in any one financial week and time over any regular work day at the rate of time and one-half in cash, payment may be made by check. The Publisher shall compensate for overtime within the week next following that in which the overtime accrues.
1.5 The Publisher shall cause a record of all time to be kept and this record shall be made available to the Guild upon request at reasonable intervals.
1.6 There shall be no deduction from overtime or vacation credit earned or to be earned on account of time off due to sickness or injury or holidays.
1.7 No employee shall work overtime except by authority of the Publisher or his duly authorized representative.
1.8 The Company will continue to make every effort to have twelve (12) hours between scheduled shifts in the Editorial Department.
1.9 Work schedules of days for employees shall be posted two weeks in advance of the week for which they apply. Hours for the days scheduled shall be posted at least one week in advance of the week in which they apply, subject to change in the event of emergencies, including, in the case of the news room, unforeseen needs in coverage as per past practice.
1.10 Applicable to District managers only: (a) The regular workweek for district managers in the Field Circulation Department shall be forty (40) hours per financial week. The Publisher shall compensate for time over forty (40) hours in any financial week at the rate of time and one-half or with compensating time off within the same pay period. Compensating time off, in lieu of overtime pay, shall be by agreement with the employee and must be within the same pay period in which it is earned (semi-monthly) and if not within the same financial week, shall be at the rate of time and one-half.
(b) Nothing in Article 1 shall prevent or restrict the Publisher, or his or her duly authorized representative, from making reasonable assignments to a District Manager, within or outside the District, relating to the normal functions and duties of the Circulation Department.
(c) Should a district manager be unable to complete his or her weekly assignments within forty (40) hours, he or she shall inform the Circulation Director or Circulation Manager of this sufficiently in advance of working forty (40) hours, so that the Circulation Director or Circulation Manager can arrange to have another person complete the uncompleted duties of the district for the remainder of the week, including managers, carriers (such as from the "carrier crisis" pool), assistant district managers or others, whether on a temporary or part-time basis, consistent with past practice. District managers shall not work more than (40) hours without the express written approval of the Circulation Director or a Circulation Manager. Assistant District Managers may be regularly employed on a part-time basis, notwithstanding any other provisions of this Agreement.
(d) District managers shall be paid semi-monthly. District manager semi-monthly pay shall be calculated by multiplying the weekly pay rate contained in the wage tables A-C, by 52 and dividing the result by 24, and shall be paid, reflecting past practice, irrespective of the number of hours worked by the district manager in a financial week, up to forty (40) per week.
2.1 There shall be no dismissals except: (a) for just and sufficient cause, or (b) to reduce the force, or (c) at the sole discretion of the Publisher within the probationary period.
2.2 There shall be no dismissals as a result of putting this Agreement into effect.
2.3 In the event of a contemplated dismissal, except for gross misconduct, the Publisher shall give the employee involved and the Guild not less than two weeks written notice thereof. The notice shall contain the cause for dismissal.
2.4 In cases of dismissal for gross misconduct, the Publisher agrees to inform the dismissed employee and the Guild, in writing, of the cause for dismissal either at the time of the dismissal or as soon thereafter as is practicable.
2.5 (a) Employees shall not be required to handle work destined for any newspaper which has been declared struck by The Newspaper Guild.
(b) Employees shall not be required to cross an authorized picket line at their place of employment, and in this event shall not be paid.
2.6 In the event of reduction of force for any cause, such reduction shall be made in inverse order of seniority of service with the Publisher in the classifications involved.
No person who has navigated through a sequence of Guild contract classifications with this company shall be compelled, however, to accept a lay-off without first having the choice of bumping back into a classification already achieved, at the necessary reduction in pay, if any. Employees so displaced (who have not waived recall rights under Section 18.1) shall be rehired in the order of their seniority before any new employees are hired in their classification, except that in the business office, the employer may hire a new part-time employee after first offering the part-time work to a full-time employee who has been so displaced.
2.7 There shall be no discrimination against any employee because of membership or activity in the Guild, nor in hiring or employment because of age, sex, race, creed, color or national origin, or as prohibited by the laws of the United States or State of Rhode Island. There shall be no interference or attempt to interfere with the operation of the Guild.
2.8 The Publisher agrees to deduct regular Guild dues from the salary account of each employee who is a member of the Guild and who individually authorizes such deduction in writing. Each such authorization shall be in the following form and any deduction of dues hereunder shall be in accordance with the terms of such authorization.
(date) _________________________________
I hereby assign to the Newspaper Guild of Woonsocket, and authorize the Company to deduct from my salary earned or to be earned by me as its employee, an amount equal to all my Guild membership dues, as certified by the Newspaper Guild of Woonsocket, for each calendar month following the date of this assignment. I further authorize and request the Company to remit the amount deducted to the Newspaper Guild of Woonsocket.
This authorization shall be irrevocable for the period of one (1) year from the date hereof or until the termination date of the collective bargaining agreement entered into between you and the Guild on ________, whichever shall first occur, and for further successive periods of one (1) year thereafter, unless the same shall be revoked by me by a written notice mailed to you by registered mail not more than thirty (30) days and not less than fifteen (15) days prior to the expiration of any such yearly period or prior to the termination date of said collective bargaining agreement, whichever occurs sooner. Any such notice of revocation shall become effective for the month following the month in which the same shall be received by you.
(signature) _______________________________
2.9 The Guild, in consideration of Section 8 above, agrees that during working hours, its members will not engage in mailings, ticket or advertising solicitations for Guild functions, or such other meetings or activities as would interfere with their work.
2.10 No employee who was in the bargaining unit (Editorial, Advertising and Maintenance and Service Departments, with specific exclusions) on or before December 31, 1979, and no other employee who has completed eight (8) years of continuous, full-time service with the Company shall be discharged because his or her job is eliminated as the result of the introduction of new or modified methods, processes, or equipment by the Publisher but may be transferred to other duties, with a reasonable period for retraining.
It is understood that circulation department employees covered by this Agreement became members of the bargaining unit after December 31, 1979. This Section is not intended as a guaranty of a lifetime job. Once said employee is transferred and a reasonable period for retraining has expired, he or she stands in the same position with reference to job security as any other employee covered by this Agreement.
2.11 Probation. The Publisher shall have the unquestionable right to discharge employees for any cause within thirteen (13) weeks after the commencement of an employment which should be deemed to be a probationary period. Employees with three or more years of daily newspaper experience, or six or more years of weekly newspaper experience, or the equivalent, shall be subject to an eight week probationary period.
2.12 (a) All employees covered by this Agreement who are members of the Guild on the effective date of this Agreement (for the purpose of this Section the effective date shall be the date of ratification by the Guild, June 26, 1980) or who thereafter become members of the Guild shall as a condition of continued employment, maintain their membership in the Guild for the duration of this Agreement.
(b) Effective on and after January 1, 1979, not less than seven (7) out of every ten (10) new employees hired shall, as a condition permissible (thirty (30) days), become and remain members of the Guild for the duration of this Agreement.
3.1 Beginning with the payroll period commencing on September 16, 2000, the minimum weekly salaries as set forth opposite the various job classifications listed on Exhibit A which is attached hereto and made a part hereof as hereby established for such job classifications, and the same shall continue in effect thereafter until September 15, 2001, and beginning with the payroll period commencing on September 16, 2001, the minimum weekly salaries as set forth opposite the various job classifications listed on Exhibit B which is attached hereto and made a part hereof as hereby established for such job classifications, and the same shall continue in effect thereafter until September 15, 2002, and beginning with the payroll period commencing on September 16, 2002, the minimum weekly salaries as set forth opposite the various job classifications listed on Exhibit C which is attached hereto and made a part hereof as hereby established for such job classifications, and the same shall continue in effect thereafter until September 15, 2003, except that Article 14 shall apply unless otherwise provided herein.
3.2 There shall be no reduction in salaries during the life of this Agreement, except by mutual consent.
3.3 Any employee temporarily, for a period not in excess of 90 calendar days, promoted to a position carrying a higher rate of pay, who is subsequently returned or requests return to his former position, may be given the then current rate of pay for his former position, but not less than the pay rate he had before promotion. Such return to a lower rate shall not be considered a violation of Section 2 above. The time limit on temporary promotions shall not apply when such action is taken to replace an employee on leave of absence provided by another provision of this Agreement.
3.4 In determination of the classifications as set forth in the attached exhibits, experience on recognized daily newspapers of general circulation, recognized news or feature syndicates, news magazines or press associations or other media or advertising experience, as may be applicable to the position sought, shall be included in fixing the experience classification.
3.5 In the event of establishment of new positions in the bargaining unit or the creation of any new classifications, or the reclassification of any of the classifications listed in Section 1, such new positions, classifications or reclassifications shall be covered by all the terms and conditions of this Agreement except those governing salary, and the salaries shall be a matter of negotiation between the Publisher and the Guild.
3.6 Nothing in this contract shall be interpreted to prevent any employee from seeking wage increases from the Publisher on his/her own account. But the Publisher agrees not to enter into any agreement with the employee to accept any wage less than that set herein for his/her experience rating and position.
3.7 Employees receiving salaries in excess of the minimum for their classification and experience shall receive not less than the minimum increase for that classification.
3.8 District manager incentive bonuses.
District managers will receive monthly bonuses on the following basis:
1. Average number of down routes at two (2) or less: $50; No down routes: $100.
2. The Publisher may provide for additional incentive earning opportunities in the field circulation department. Such incentive programs shall be posted in writing in advance of their effective date, and shall remain in effect until their expiration date.
3. Field circulation department incentives shall be paid no later than the end of the month following the month in which they were earned.
4.1 The Publisher shall grant leave or leaves of absence, upon request, to any employee who is elected or appointed an officer of the Guild or CWA or AFL-CIO national, regional or local. Such leave shall be granted without pay. The time spent on such leave shall be considered time worked without a break for the purpose of computing seniority, but shall not be considered time worked in computing any payment by the Publisher to the employee. At no time shall more than one employee be absent on such leave at any one time, and that such leave of absence shall not exceed one (1) year. Such leave may be extended upon mutual agreement.
4.2 The Publisher shall grant a leave of absence, without pay, of one week, upon request, to any employee(s) who is (are) named a delegate to a Guild or CWA district, sector or national conference or convention, or AFL-CIO Convention, for the purpose of actually attending the convention; provided that the Publisher is not required to grant such leave to more than two employees in any of the department groups listed below:
1. News -- consisting of the photo and editorial departments.
2. Advertising -- consisting of the classified ad, retail ad and layout departments,
3. Commercial -- consisting of the business office, inside circulation and maintenance and service departments.
4. Field Circulation -- consisting of employees working in departments not listed above.
However, the second employee from any of the above department groups shall only be granted leave as long as his or her absence does not interfere with the normal operations of the department. It is agreed that such request shall be submitted in writing 30 days in advance. The time spent on such leave shall be considered time without a break for the purpose of computing seniority but shall not be considered time worked in computing any payment by the Publisher to the employee.
4.3 Parental leave and adoption leave of up to 6 months without pay shall be granted upon request and satisfactory evidence that adoption proceedings will take place. An employee returning from unpaid leave shall be reinstated in her/his job at the salary she/he would have received had her/his employment with the Publisher been continuous. Such leave 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 the time spent on such leave of absence shall not be counted in computing credits towards dismissal pay, vacation, experience rating and other benefits of this Agreement.
4.4 Maternity leave of up to six months without pay shall be granted upon request. However, the Company shall not be obligated to grant maternity leave prior to the seventh month of pregnancy unless recommended by the employee's physician. An employee returning from unpaid leave shall be reinstated in her job at the salary she would have received had her employment with the Publisher been continuous. Such leave 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 the time spent on such leave of absence shall not be counted in computing credits towards dismissal pay, vacation, experience rating and other benefits of this Agreement.
4.5 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.
5.1 The Publisher agrees to provide bulletin boards suitably placed for the exclusive use of the Guild.
6.1 Leave of absence without pay, not exceeding six months, shall be granted employees for reasons of sickness or accident except as provided for in Section 3 and 4 of this Article. Said leave of absence shall not affect seniority rights of any employee. Employees' seniority rights shall accrue during such periods of illness. After three (3) consecutive months of sick leave, experience rating shall not accrue.
6.2 The Publisher and/or the Guild shall have the right to ask for a doctor's certificate substantiating all requests for leave of absence for illness or accident at least once every three (3) months and an examination by their own physician if desired.
6.3 Upon request to employee after five (5) days of continuous illness, the Publisher may, on any reported illness or injury have an examination made by a doctor of the Publisher's own choosing.
6.4 On January 1 of each year the Company shall cause to be credited to the sick leave benefit account of each employee with one (1) or more years of continuous service fifteen (15) days credit. Employees with less than one (1) year of continuous service shall be credited monthly with one (1) day for each full month of service with a minimum of five (5) days. New employees after three (3) months of service shall be entitled to five (5) days. New employees after three (3) months of service shall be entitled to five (5) days paid sick leave. Sick leave credits shall accumulate until used; provided, however, no employee shall be eligible to have a credit exceeding seventy (70) days accumulated. Said credits up to the maximum accrued and unused may be used by employees to secure payment at their regular straight time rate for each day of necessary absence from work due to personal illness or accident, and each day so used shall be debited to the individual's account. It is agreed that the Employer may at his sole discretion and without prejudice or otherwise setting a precedent make payments in excess of the total credits accrued to any employee, and if such should occur, it is understood that the excess payment shall not constitute a lien against and subsequently reduce the credits which would otherwise be placed in the employee's account.
6.5 If a regular employee is injured carrying out his/her duties and becomes eligible for Worker's compensation, the Publisher will, for a period not to exceed ten weeks during the time such employee is obliged to be absent from work because of such compensable injury, make up the difference between the employee's basic pay and what he/she receives from Worker's Compensation. Payments made by such the Publisher under this provision shall not be counted as sick leave payments under Article 6 of the contract between the parties. While an employee is absent from work and receiving payment under the above arrangement, the employee shall not receive sick payments under Article 6.
If, after the ten week period referred to above, the employee is still unable to return from work because of his/her injuries, the employee is eligible for sick payment as provided under Article 6.4. Management and the Union may, at the end of the ten-week period, review and management at its sole discretion determine on a case-by-case basis extend the above arrangement. The Publisher reserves the right to have employees claiming benefits under this procedure examined by the Publisher's doctor. If there is a difference of opinion as to the employee's ability to resume his/her work, the matter shall be referred to the Grievance Procedure as provided in Article 15 of this contract. Payment to the injured employees under this procedure shall not be made unless the employee injured on the job reports to the department head within forty-eight (48) hours of the time the injury was sustained or within forty-eight (48) of knowledge of the injury.
7.1 Employees with twenty-five (25) years of service prior to December 31 of any year shall as of that date be entitled to five (5) weeks vacation with pay in the following calendar year, with the third, fourth and fifth weeks to be taken subject to Section 7.6.
7.2 Employees with ten (10) years of service prior to December 31 of any year shall as of that date be entitled to four (4) weeks vacation with pay in the following calendar year, with the third and fourth weeks to be taken subject to Section 7.6.
7.3 Employees with four (4) years of service prior to December 31 of any year shall as of that date be entitled to three (3) weeks vacation with pay in the following calendar year, with the third week to be taken subject to Section 7.6.
7.4 Employees who have been employed for less than four (4) years but who have worked for The Call for at least twelve (12) months prior to December 31 of any year shall as of that date be entitled to two (2) weeks vacation with pay in the following calendar year to be taken subject to Section 7.6.
7.5 Employees with less than twelve (12) months service prior to December 31 of any year shall be entitled to one (1) days' vacation during the following calendar year for every twenty-five (25) days worked but only after completion of five (5) months continuous employment with the Publisher. The foregoing notwithstanding, and subject to Section 7.6, during the first calendar year of employment, employees hired on or before March 31 of a year, may use accrued vacation time, to the extent earned, beginning September 1. Such time shall reduce vacation time available to be taken the following year. Whenever an employee with less than five (5) months continuous service is separated from the company for reasons other than a reduction in force, such employee will receive no accrued vacation pay.
7.6 The vacation schedule shall be arranged at the convenience of the Company during the calendar year. Seniority shall be the basis for the choice of vacation time.
7.7 Ten (10) working days of vacation time may be consecutive at the employee's option, and no employee shall be required to take this portion of his vacation outside the period of April 15 to October 15.
7.8 Vacation credits must be used within the calendar year immediately following the year in which the credits were earned. No employee will be allowed to forego a vacation in any calendar year for the purpose of adding to the length of vacation in any succeeding year. Fractional credits will not be carried forward into the following year. If any employee is required by management to forego any part of his vacation, the employee will be compensated at the end of the year, in cash.
8.1 The following shall be holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; Victory Day, so long as the same shall be observed as a holiday and Christmas Day.
(a) An employee who has three (3) months or more of service shall be entitled to one (1) personal day off with pay each year on a date mutually agreed upon by the employee and his supervisor. This day shall be taken within the calendar year.
(b) Regarding Victory Day, should the state eliminate Victory Day, the Publisher shall grant this holiday day 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.
8.2 If a holiday occurs on an employee's vacation period, he shall be given an additional day off with pay.
8.3 If a holiday occurs on an employee's day off, he shall he given an additional day off with pay.
8.4 (a) Any employee required to work on a holiday or day celebrated as such shall be assigned sufficient work to guarantee him/her a minimum of five (5) hours at the rate of double time in addition to his/her regular pay.
(b) Any employee required to work on the evening of Christmas Eve, New Years eve or any time on a Sunday when Christmas or New Years day fall on a Sunday but is celebrated on a Monday, shall be assigned sufficient work to guarantee him/her a minimum of five (5) hours at the rate of double time in addition to his/her regular pay.
9.1 The Publisher shall compensate for all authorized expenses incurred by an employee in the service of the Publisher, during weeks worked when authorized by the Publisher or his agent, and shall compensate employees for the use of an automobile in the service of the Publisher, when authorized by the Publisher of his agent, as follows: No employee authorized to use his car shall receive less than $5.00 per day for each day when the use of his car is authorized. Employees who are authorized or requested to use their cars regularly will receive $15.00 a week allowance to cover the first 57 miles of use in any week or $.26 per miles, whichever is greater. Any overage will be paid at the rate of $.26 per mile.
9.2 The Company may, from time-to-time, inspect the odometers of employee vehicles to verify expense allowance reports. This shall be done for legitimate business purposes and not to harass an employee.
ARTICLE 10 - NIGHT DIFFERENTIAL
10.1 Except for Field Circulation Employees, Employees assigned to a night shift shall be paid a differential of $6.00 per Shift Sunday through Friday and $14.00 on Saturdays. Night work shall be defined as any regularly assigned shift that begins or ends between 6 p.m. and 6 a.m.
ARTICLE 11 - HIGHER CLASSIFICATION PAY
11.1 Any employee who works in a higher classification a majority of their shift shall receive at least the minimum in the higher classification next higher than his regular salary on a daily basis.
12.1 Transfers to or from out-of-town offices shall be subject to the grievance procedure as outlined in this contract, if the employee so elects. Any employee transferred to or from any out-of-town office shall have the actual expenses of such transfer paid by the Publisher.
12.2 No employee shall be transferred by The Call to another enterprise without his or her consent. An employee shall not be penalized for refusing to accept such transfer.
ARTICLE 13 - OUTSIDE ACTIVITIES
13.1 Employees shall be free to engage in any activities outside of working hours provided (a) such activities do not consist of services performed for any publication, broadcast media, or advertising media in direct competition with the Publisher for which the employee receives any form of remuneration; and (b) that in the course of such activities no employee exploits his connection with the Publisher. Provisos (a) and (b) shall not apply, however, if prior written approval of the Publisher or his representative is given.
ARTICLE 14 - PART-TIME & TEMPORARY EMPLOYEES
14.1 A part-time employee is one who is hired to work regularly less than 80 per cent of the workweek provided in this contract. A temporary employee is one employed for a special project or for a specified time, in either case not to exceed six (6) months. The Guild shall be notified.
14.2 Part-time and temporary employees shall not be employed for work normally or appropriately performed by regular full-time employees where, in effect, such employment would eliminate or displace a regular or full-time employee.
14.3 Part-time employees shall be paid on an hourly basis equivalent to the weekly minimum provided for their classification and experience, and shall receive those benefits for which they qualify, based upon the length of employment with the Publisher, and not according to the actual hours worked.
ARTICLE 15 - GRIEVANCE PROCEDURE
15.1 The Guild shall designate a committee of its own choosing to take up with the Publisher or a committee of the Publisher's choosing, any differences or dispute between the parties ("grievances") arising during the term of this Agreement or affecting relations of the employees and the Publisher. All grievances shall be submitted in writing to the other party within ninety (90) calendar days after the Guild knew, or reasonably should have known, of the events giving rise to the grievances, or else the grievance shall be deemed to have been waived.
Efforts to adjust grievances shall be at a mutually agreed time other than working hours for union committee members, or at other times at the discretion of the Publisher. The committee shall meet within ten (10) days of the filing of the grievance.
15.2 If the committee and the Publisher or its representatives cannot reach a mutual agreement within thirty (30) days (but this may be extended an additional seven (7) days by either party) from the date the grievance is first submitted to the Publisher, the two sides shall, by motion by either side, select an arbitrator, If an arbitrator is not selected within ten (10) days of the motion, the arbitrator shall be selected in accordance with the voluntary labor arbitration rules of the American Arbitration Association. The cost of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without its express consent. The decision of the arbitrator shall be final and binding upon the parties.
15.3 Contractual conditions prevailing prior to the time a grievance arises shall be maintained unchanged pending final settlement of the grievance as provided herein.
15.4 The arbitrator shall have no power to add to, change or modify any provision of this Agreement. Nothing herein shall obligate either party to arbitrate differences representing a succeeding contract.
15.5 -- Since this agreement provides for the orderly and amicable adjustment of any and all disputes, there shall be no strikes, slowdowns, boycotts or other interference with the operation of the newspaper, and there shall be lockouts during the term of this Agreement.
ARTICLE 16 - PREFERENCE IN PROMOTION
16.1 In matters involving promotion or what any employee may regard as a promotion, the Publisher guarantees to give serious consideration to length of service as a factor. No employee shall be required to accept a promotion or be discriminated against for refusing to accept a promotion.
16.2 If the Publisher intends to fill a vacancy or new position in the bargaining unit, the Publisher shall post notice thereof ten (10) days in advance of filling said vacancy or position.
ARTICLE 17 - NATIONAL EMERGENCY
17.1 Any employee who, since June 24, 1948, has left, or leaves a position other than a temporary position to enter the armed forces or the Public Health Service for training and service, who receives a certificate of satisfactory completion of training and service, shall be restored to such position or to a position of like seniority, status and pay, provided (1) he is still qualified to perform the duties of such position, and (2) he makes application for reemployment within 90 days after he is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year. If he is not qualified to perform the duties of such position by reason of disability sustained during such service, but is qualified to perform the duties of any other position in the employ of the newspaper, he shall be restored to such other position the duties of which he is qualified to perform, as will provide him like seniority, status, and pay, or the nearest approximation thereof coexistent with the circumstances of his case; or if no employment can be found he shall receive severance pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.
17.2 Severance pay, seniority, vacation eligibility and eligibility to participate in insurance or other benefits offered by the employer shall accrue during the period of service, and any employee restored to a position in accordance with this provision shall not be discharged from such position without cause within one year after such restoration.
17.3 Any person employed as a replacement to employees covered by this Article shall be entitled to all rights and privileges of this contract except those conflicting with the temporary status of his employment.
17.4 It is the intention of this clause to conform to Federal Law, and the amendments thereto, covering such reemployment. Any disagreement concerning these provisions on military service shall be subject to grievance procedure.
18.1 Any employee covered by this Agreement who is dismissed to reduce the force shall receive one week's pay for each six months of service (or major fraction thereof) with the Publisher in any department covered by the Agreement. Such dismissal pay shall not exceed twenty-six (26) weeks. Any employee who is dismissed for just and sufficient cause, except for gross misconduct or gross neglect, shall receive a minimum of (13) weeks dismissal pay. The amount of a week's pay shall be the average rate of earnings of the employee in the twelve months preceding dismissal. There shall be no dismissal pay if an employee is retired or leaves voluntarily. Dismissal pay shall be deemed in effect in lay-off situations when the employee has been absent by reason of lay-off for six (6) months. The employee shall have the option of remaining on a recall list or receiving dismissal pay, waiving recall rights, at the end of the six (6) month dismissal period.
18.2 In the event a full-time business office employee displaced by reason of layoff is offered a part-time position within the first six (6) month of layoff, the full-time employee may accept this part-time position without waiving recall rights to a full-time position under Article 2.6. However, a full-time employee accepting a part-time position under these circumstances shall still have the option of remaining on a recall list for a full-time position or receiving dismissal pay, waiving recall rights, at the end of the six (6) month dismissal period, in which event the employee may continue in the part-time position but their seniority date shall begin on the date they began part-time employment.
18.3 Any district manager hired after December 1, 1998 who has less than 2.5 years continuous service, and who is dismissed as a result of continued failure to meet performance expectations implemented pursuant to the "District Managers" side letter to this Agreement shall not be entitled to dismissal pay under Article 18.1
19.1 In the event of a death in an employee's immediate family (husband, wife, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, domestic partner or other individual, the 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 the necessary arrangements therefore.
19.2 In the event of the death of an employee's grandparent, brother-in-law or sister-in-law, the employee will be granted one (1) day off for the purpose of attending the funeral. If the employee otherwise would have worked on the day of the funeral, he shall suffer no loss of straight-time pay for that day. Nothing herein shall prohibit an employee from requesting additional bereavement leave.
20.1 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 40 days. Employee will be required to present the Publisher evidence of days served and payments made to him/her by the Court for his/her service as a juror and /or witness.
21.1 The Publisher shall furnish to the Guild in writing within a week after their employment, the respective names, addresses, date of birth, social security number, dates of hiring, contract classification, salaries, and experience ratings of persons employed after the date of this Agreement.
21.2 The Publisher shall notify the Guild monthly in writing of: (a) Merit increases granted by name of the employee, individual amount, resulting new salary, and effective date.
(b) Step-up increases paid by name of the employee, individual amount, resulting new salary, and effective date.
(c) Changes in classification, salary changes by reason thereof, and effective date.
(d) Resignations, retirements, deaths and other revisions in the data listed in Section 21.1, and effective dates.
21.3 The Publisher shall furnish to the Guild in writing within 10 days of the request the names and salaries of persons covered by the Agreement. This information is to be furnished at reasonable intervals.
21.4 An employee shall be given a copy of any criticism and/or warning that is to be place in his/her personnel file. If the employee chooses to make a written reply to such criticism, and/or warning, the employer agrees that the response shall be placed in the employee's personnel file. No derogatory personnel record shall have any effect after two years following its date; provided, however, no other letters are placed in the file during that two-year period.
ARTICLE 22 - MEDICAL INSURANCE
22.1 Subject to 22.2 below, the Publisher agrees to provide Blue Cross/Blue Shield Management Access Program with Blue Cross - Semi Private, Major Medical $100 Deductible - $1 Million maximum, Plan 100 Blue Shield, Medical Emergency Rider, Student Rider until Age 23, Blue Cross extended Vision Car Program, and Delta Dental Basic Plan with Benefit Rider 10004 and Orthodontic Rider 10006, for employees on a single or family basis.
New employees shall not be eligible to participate in any of the foregoing plans in this Article 22 until the first day of the month following the completion of 90 days continuous employment with the Publisher.
22.2 The Publisher may, at any time hereafter upon 90 days notice, substitute a health medical coverage with another insurance carrier of its choosing, or provide coverage on a self-insured basis through a third party administrator, provided, such substitute coverage shall be substantially equivalent to coverage described in Section 22.1.
22.3 Employees who elect to accept coverage as provided above will contribute an annual sum equal to 30% of the total health and medical care premiums in equal installments to be deducted from the employees regular pay.
22.4 The Publisher will pay the cost, up to an amount equal to the monthly Company portion, from time to time required for coverage, as provided in 22.3 above, of any other health maintenance organization (HMO that qualifies under state and federal laws).
22.5 The Guild agrees that the Publisher may provide health and medical coverage consistent with the above under a voluntary plan established under Section 125 of the Internal Revenue Service Code ("Cafeteria Plan").
22.6 As of the date of ratification, only employees then enrolled in the "Classic" Blue Cross program (as described in 22.1) shall be permitted to opt for this benefit. As of January 1, 2001, the Employer may provide an additional BlueCross HealthMate medical insurance option. The Employer shall continue to offer the Blue Cross HealthMate and BlueChip medical insurance options that were available as of the date of ratification.
23.1 An employee's by-line or credit line shall not be used over his or her protest. When major editing changes are made, 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 before publication.
23.2 The Publisher and the Guild agree that when a requirement for surrender or disclosure of information, notes, documents, film, 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 upon the Publisher, he/she shall notify the employee and the Guild. If employee follows the advice of the Publisher or the advice of Publisher's counsel, employee shall not suffer any loss of pay or other benefits to which employee is entitled by reason of his/her employment with the Publisher, and shall further be made whole to the extent permitted by the law against any fines or damages levied by any final judgment or decisions in any action except to the extent such employee has taken a course of action contrary to the advice of counsel.
23.3 The Publisher agrees to cover each full-time employee with three (3) months or more of regular service with group life insurance in the amount of $15,000. Coverage is reduced to $1,000 upon retirement. Cost of coverage to be at the Company's expense.
23.4 The Publisher agrees to maintain for the term of this agreement the 401K Thrift Savings Plan.
23.5 The Company 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 company expense, and on the premises of the Woonsocket Call. The Company will only be expected to cover reasonable expenses as determined by the Company.
ARTICLE 24 - DURATION & RENEWAL
24.1 This Agreement shall be effective, except as otherwise specifically provided in the various Articles and Sections, on September 16, 2000 and shall expire on the 15th day of September, 2003, and shall be binding upon the successors and assigns of the Publisher
Section 24.2 -- At least one hundred twenty (120) days preceding September 15, 2003, the Publisher or the Guild may initiate negotiations for a new Agreement. The terms and conditions of this Agreement shall remain in force and effect during such negotiations. If a new agreement is not achieved by the date of expiration of this Agreement, the terms and conditions of this Agreement shall remain in effect as long as negotiations continue, subject to 24.3 below:
Section 24.3 -- Consistent with and subject to the parties' obligations under the National Labor Relations Act, as amended:
a. Nothing in this article shall be construed to prevent the union from striking at any time after the expiration date of this Agreement and prior to entering into a new agreement.
b. If the union strikes after the expiration date of this Agreement, the Publisher is no longer obligated to continue in force and effect Section 2.8 (Checkoff), Section 2.12 (Union security), and Section 15.2-15.4 (Arbitration)
c. Nothing in this Article shall be construed to alter the employer's rights under the National Labor Relations Act, as amended, in the event of a strike by the union or the right to terminate or modify provisions of this Agreement (including those listed in paragraph b above) after a lawful impasse in negotiations.
d. The exercise of the parties of their rights under the National Labor Relations Act referred to in this Article shall be subject to the exclusive jurisdiction of the National Labor Relations Board, and not arbitrable.
Section 24.4 -- If a new agreement is not achieved by the date of expiration of this Agreement, Article 3.1 shall be made retroactive to the date of expiration of this Agreement, provided that in no case shall the period of retroactivity as above stated extend beyond ninety (90) days from the expiration of this Agreement, except by mutual consent.
ARTICLE 25 -- MANAGEMENT RIGHTS
25.1 The Publisher shall at all times subject to the provisions of the Agreement, retain the customary and usual rights of management to manage the business and direct the work force including, without limitation, the right to hire, promote, discharge or otherwise discipline for just and sufficient cause, expand or reduce the work force, assign work, and make reasonable office rules which do not abridge the provisions of this agreement. The Publisher shall be solely responsible for the establishment of policies governing the selection and representation of news and opinions, and the cycle of publications and editions. The Company shall provide the guild with a written copy of proposed rules before they become effective.
Signed at Woonsocket, RI this 23rd day of October, 2000.
NORTHEAST
PUBLISHING COMPANY
by /s/ Craig R. Graves
Publisher
WOONSOCKET NEWSPAPER GUILD
by /s/ L.E. O達rien
President
LOCAL 31182, TNG-CWA, AFL-CIO
EXHIBIT A:
Effective September 16, 2000
| Year 1 | Year 2 | Year 3 | Year 4 | ||
|---|---|---|---|---|---|
| Assistant City Editor, Lifestyles, & Food Editor | 585.18 | 628.00 | |||
| Massachusetts & Rhode Island Editor | 537.96 | 579.05 | 609.62 | 624.49 | |
| Copy Editor, Suburban Editors | 524.77 | 565.84 | 596.40 | 611.29 | |
| Reporter, Photographer | 462.68 | 523.92 | 572.93 | 607.72 | |
| Editorial Clerk | 394.92 | 428.95 | |||
| Editorial Assistant | 405.15 | 439.17 | |||
| Librarian | 394.92 | 428.95 | |||
| (a) Outside Advertising Representative | 390.63 | 406.90 | 439.46 | 486.57 | |
| Layout Artist | 462.68 | 523.92 | 572.93 | 607.72 | |
| Layout Clerk Typist | 394.92 | 425.53 | 466.72 | ||
| (a) Inside Sales Representative | 292.98 | 325.52 | 362.36 | ||
| Telemarketing/Sales Representative | 340.72 | 381.95 | 406.90 | 430.78 | |
| Accounting Clerk | 375.00 | 383.44 | |||
| Switchboard Operator/Receptionist | 335.63 | 343.18 | |||
| ADM/Driver/Asst. S.C. Manager | 7.00 | 7.16 | |||
| District Manager | 423.08 | 423.08 | |||
| Circulation Clerk (FT) | 394.92 | 428.95 | |||
| Circulation Clerk (PT) | 8.80 | 9.59 | 10.28 | ||
| Circulation Supervisor | 475.94 | ||||
| Loading Dock Manager | 7.00 | 7.16 | |||
| Janitor | 353.32 |
Overscale employees will receive 2-1/4% increase.
EXHIBIT B:
Effective September 16, 2001
| Year 1 | Year 2 | Year 3 | Year 4 | ||
|---|---|---|---|---|---|
| Assistant City Editor, Lifestyles, & Food Editor | 598.34 | 642.13 | |||
| Massachusetts & Rhode Island Editor | 550.06 | 592.08 | 623.34 | 638.54 | |
| Copy Editor, Suburban Editors | 536.57 | 578.57 | 609.82 | 625.05 | |
| Reporter, Photographer | 473.09 | 535.71 | 585.82 | 621.40 | |
| Editorial Clerk | 403.81 | 438.60 | |||
| Editorial Assistant | 414.26 | 449.06 | |||
| Librarian | 403.81 | 438.60 | |||
| (a) Outside Advertising Representative | 399.41 | 416.06 | 449.35 | 497.51 | |
| Layout Artist | 462.68 | 523.92 | 572.93 | 607.72 | |
| Layout Clerk Typist | 399.41 | 435.11 | 477.22 | ||
| (a) Inside Sales Representative | 299.57 | 332.85 | 370.52 | ||
| Telemarketing/Sales Representative | 348.38 | 390.55 | 416.06 | 440.47 | |
| Accounting Clerk | 375.00 | 383.44 | 392.06 | ||
| Switchboard Operator/Receptionist | 335.63 | 343.18 | 350.90 | ||
| ADM/Driver/Asst. S.C. Manager | 7.16 | 7.32 | |||
| District Manager | 423.08 | 432.60 | |||
| Circulation Clerk (FT) | 403.81 | 438.60 | |||
| Circulation Clerk (PT) | 9.00 | 9.81 | 10.51 | ||
| Circulation Supervisor | 486.65 | ||||
| Loading Dock Manager | 7.16 | 7.32 | |||
| Janitor | 361.27 |
Overscale employees will receive 2-1/4% increase.
EXHIBIT C
Effective September 16, 2002
| Year 1 | Year 2 | Year 3 | Year 4 | ||
|---|---|---|---|---|---|
| Assistant City Editor, Lifestyles, & Food Editor | 611.81 | 656.58 | |||
| Massachusetts & Rhode Island Editor | 562.44 | 605.40 | 637.37 | 652.91 | |
| Copy Editor, Suburban Editors | 548.65 | 591.59 | 623.54 | 639.11 | |
| Reporter, Photographer | 483.74 | 547.76 | 599.00 | 635.38 | |
| Editorial Clerk | 412.89 | 448.47 | |||
| Editorial Assistant | 423.58 | 459.16 | |||
| Librarian | 412.89 | 448.47 | |||
| (a) Outside Advertising Representative | 408.40 | 425.42 | 459.46 | 508.71 | |
| Layout Artist | 483.74 | 547.76 | 599.00 | 635.38 | |
| Layout Clerk Typist | 412.89 | 444.90 | 487.96 | ||
| (a) Inside Sales Representative | 306.31 | 340.34 | 378.85 | ||
| Telemarketing/Sales Representative | 356.22 | 399.34 | 425.42 | 450.38 | |
| Accounting Clerk | 375.00 | 383.44 | 392.06 | 400.89 | |
| Switchboard Operator/Receptionist | 335.63 | 343.18 | 350.90 | 358.79 | |
| ADM/Driver/Asst. S.C. Manager | 7.32 | 7.48 | |||
| District Manager | 423.08 | 432.60 | 442.33 | ||
| Circulation Clerk (FT) | 412.89 | 448.47 | |||
| Circulation Clerk (PT) | 9.20 | 10.03 | 10.74 | ||
| Circulation Supervisor | 497.60 | ||||
| Loading Dock Manager | 7.32 | 7.48 | |||
| Janitor | 369.40 |
Overscale employees will receive 2-1/4% increase.
Footnotes to Wage Scales (Exhibits A-C)
(a) In addition to the wages provided by in the contract, Advertising Sales Representatives and Inside Classified Advertising Representatives shall be covered by incentive programs developed by the Publisher and designed to provide additional earning opportunities for increased sales. The type of incentive program, and changes therein, and final decision with respect to the administration of any such program shall be determined solely by the Publisher; provided, in no event shall an Advertising Sales Representative's yearly wage and incentive be less than an amount equal to the wages of a Reporter as provided in the contract; and in no event shall an Inside Classified Advertising Representative's yearly wage and incentive be less than an amount equal to the wages of a Layout Clerk Typist as provided in the contract.
October 20, 1995
Mr. Paul A. LaBreche
Publisher
The Woonsocket Call
75 Main St.
Woonsocket, RI 02895
Mr. LeBreche:
The Company agrees to review monthly and adjust on a semi-annual basis, the incentives that are earned by advertising employees on the Incentive Program.
If an adjustment is necessary for any half year, the compensation will be adjusted to that half-year's level of pay received by a reporter, for the equivalent step.
Inside sales representatives will have their compensation equal to that of the layout clerk typist, for the equivalent step.
When an adjustment is made and an incentive person earns a higher incentive in subsequent months, those incentives are adjusted.
Sincerely,
Scott Cole
President,
Woonsocket Newspaper Guild
Renewed: Date Oct. 23, 2000
By: /s/ Craig R. Graves
By: /s/ L.E. O達rien
March 25, 1998
Mr. Paul Palange
President
Woonsocket Newspaper Guild
Local 182
The Evening Call Publishing Company
Woonsocket, RI 02895
Dear Mr. Palange:
Advertising employees on incentive programs are to have their dismissal pay and pension benefits computed on their base wage, plus incentive earnings, thereby reflecting total earnings.
Sincerely,
/s/ Paul LaBreche
Publisher
Accepted:
Date: November 30, 1990
By: /s/ L.E. O達rien
Renewed: Date Oct. 23, 2000
By: /s/ Craig R. Graves
By: /s/ L.E. O達rien
Side Letter 3: Editorial Clerks
The purpose of this letter is to outline the agreement we have reached regarding the creation of the new position of editorial clerk in the news department:
The duties of the editorial clerk will be:
1. Taking dictation by telephone or in person.
2. Inputting obituaries, press releases, material submitted by social and church groups, school honor rolls, real estate transfers, local briefs, wedding reports, engagements, etc.
3. Said material shall be inputted so it conforms to our style.
4. Handling letters to the editor, which includes inputting the letters and verifying authorship.
5. Acting as a receptionist for the department.
6. Completing clerical tasks such as writing correspondence, filing, keeping syndicated material in order, making business telephone calls for the editors, assisting the librarian and substituting for the librarian as needed.
The editorial clerk shall not cover or develop a news story of any nature, shall never leave the building to gather information, shall never be called at home to cover a story or take a photograph and shall not make telephone calls to gather facts.
The clerk, however, may make telephone calls to check telephone numbers and the spelling of names and to verify addresses.
We have agreed that not more than one position will be created in the Woonsocket news offices and one additional position in a satellite news bureau.
This Agreement replaces the letter of March 25, 1988 on the same subject.
/s/ Craig Graves
Publisher, The Call
9-22-99
/s/ Larry O'Brien
President, WNG
9-22-99
Renewed: Date Oct. 23, 2000
By: /s/ Craig R. Graves
By: /s/ L.E. O達rien
Side Letter 4:
Editorial Assistants
December 18, 1996
Mr. Scott Cole
President
Woonsocket Newspaper Guild
Local 182
The Call
Woonsocket, RI 02895
Dear Mr. Cole:
The purpose of this letter is to outline the agreement we have reached regarding the creation of the new position of editorial assistant in the news department:
The duties of the editorial assistants will be:
* Input press releases and other submitted editorial material and rewriting such to conform with The Call痴 style and standard. This includes but is not limited to gathering supplemental information by telephone.
* Take obituaries and announcements and news items by phone, write and input.
* Perform research for the news staff. This includes using The Call library and outside sources as necessary, but not limited to, public libraries, governmental or private agencies, etc.
* Answer the newsroom telephone.
*Take photo assignments by phone.
* The editorial assistant, in emergency situations, can cover a news story outside the building as an addition to the primary reporter痴 coverage and not as the sole reporter. In such situations, the assistant would receive a credit line at the conclusion of all stories, where applicable.
It is important to note that it is the absolute intent that the new assistant perform the duties of the position the building at all times except for so stated emergency situations, i.e., a breaking news story of major crisis proportions that requires coverage by more than one person. Examples of these situations can be described as emergencies not related to daily routine news coverage and would include , but are not limited to, such event as place crash, major mill fire, multiple car crashes with injuries or fatalities, major crime stories such as murder, kidnapping, etc.
The editorial assistant will not be assigned to scheduled or routine news events such as meetings, presentations, speeches or lectures. There will be one editorial assistant position created.
Sincerely,
/s/ Dan Goodrich
Publisher
Renewed: Date Oct. 23, 2000
By: /s/ Craig R. Graves
By: /s/ L.E. O達rien
Side Letter 5:
District Managers
The Guild and the Company recognize that a properly running Field Circulation Department requires cooperation between employees and management, and that each has an important role to play in ensuring good employee relations and the success of the newspaper. In this connection it is understood that:
1. The Company has a right to expect that District Managers maintain carrier routes, ensure that moneys owed by carriers and customers is promptly collected and under normal conditions, complete their job functions within their regular work week.
2. The performance of District Managers in the areas of down routes and collections is particularly critical to the success of the newspaper; and consistent with Article 25, the Publisher has the right to develop and maintain reasonable office rules for District Managers, in these and other areas, including rules related to performance expectations. District Manager performance shall be assessed in light of the "just and sufficient cause" provision in Article 2 of the Agreement.
3. In recognition of the importance of District Managers in the area of down routes, the Guild and the Company have also agreed to Incentive Criteria for District Manager which are set forth in Article 3.
4. New District Managers shall receive an orientation in their districts and on Company procedures.
An arbitrator shall give due consideration to the foregoing in connection with any matter brought under Article 15 in the event of the termination of a District Manager for performance reasons.
NORTHEAST
PUBLISHING COMPANY
by /s/ Craig R. Graves
Publisher
WOONSOCKET NEWSPAPER GUILD
by /s/ L.E. O達rien
President
LOCAL 31182, TNG-CWA, AFL-CIO
Date: Oct. 23, 2000
There shall be a signing bonus of $200 for employees with 1 year or more service as of date of ratification. The amount will be prorated for part-time employees based on the average hours worked in the 52 weeks prior to the date of ratification.
NORTHEAST
PUBLISHING COMPANY
by /s/ Craig R. Graves
Publisher
WOONSOCKET NEWSPAPER GUILD
by /s/ L.E. O達rien
President
LOCAL 31182, TNG-CWA, AFL-CIO
Date: Oct. 23, 2000
Side Letter 7:
Other understandings:
NORTHEAST
PUBLISHING COMPANY
by /s/ Craig R. Graves
Publisher
WOONSOCKET NEWSPAPER GUILD
by /s/ L.E. O達rien
President
LOCAL 31182, TNG-CWA, AFL-CIO
Date: Oct. 23, 2000
Appendix A
TNG/CWA Local 31041
270 Westmister St., Providence, Rhode Island 02903
401-421-9466 | Fax: 401-421-9495
png@riguild.org