guild update
 
  Contact Us
  Officers & Reps.
  Contract
  Grievance Form
  Benefits
  Committees
  Resources
  Scholarship Info
  Calendar
  Guild Updates
 

 

 

Contract Between
The Toledo Newspaper Guild-CWA Local No. 34043
of The Newspaper Guild-CWA Affiliated with the AFL-CIO
And
The Toledo Blade Company
Effective August 1, 2011
Expires May 31, 2014

This agreement made and entered into at Toledo, Ohio, this 1st day of August 2011 between the Toledo Blade Company, an Ohio corporation hereinafter referred to as the Company, and the Toledo Newspaper Guild-CWA, hereinafter referred to as the Guild, acting for itself and on behalf of all the employees of the Company in the editorial, advertising, circulation, marketing and business departments of the Company, WITNESSETH:

Article VI
Salaries
  Article VII
Hours & Overtime
  Article VIII
Holidays
  Article IX
Severance
  Article X
Health & Welfare
Article XI
Pensions
  Article XII
Vacations
  Article XIII
Sick Leave
  Article VI
Beginners
  Article XV
Adjustment of Disputes
Article XVI
Expenses & Equipment
  Article XVII
Outside Activity
  Article XVIII
Normal Work
  Article XIX
Security
  Article XX
Leave of Absence
Article XXI
Miscellaneous
 

Article XXII
No Strike

  Article XXIII
National Service
  Article XXIV
Privilege
  Article XXV
Separability
           

     
 
ARTICLE I
GUILD SHOP
 

1. There shall be a full Guild Shop. All employees coming under the terms of this Agreement shall apply for membership in the Guild. In the event of failure to become a member within 31 days of the start of employment, the employee shall, upon formal notice from the Guild, be discharged. All employees coming under the terms of this Agreement shall remain members in good standing during the life of this Agreement, except as provided below.

EXCEPTIONS:
The following persons shall not come within the provisions of this section: Circulation Promotion Manager, Payroll Department Supervisor, Regional Editor, Executive Editor of the Sports Department, Features Editor, Head of the Photographic Department, Confidential Secretaries [not to exceed nine (9)], employees of European, Washington, New York and Columbus offices, and no more than nine (9) persons to be designated by the publisher.

Those employees who maintain a non-member status or change their status to a non-member status and are covered by the terms of this agreement shall be required to pay, as a condition of employment, an initial service fee and weekly (or otherwise) service fees in an amount to not exceed the amount of full member dues to the Guild for the purpose of aiding the Guild in defraying cost in connection with the Guild’s obligations and responsibilities as the exclusive bargaining agent of the bargaining unit herein. The Guild shall maintain an objection and rebate procedure consistent with law.

2. If any Guild member shall lose good standing by falling one (1) month in arrears in Guild dues, or if any non-member falls one month in arrears in Guild service fees, the Company shall, upon formal notice from the Guild, discharge said employee.

3. The Guild agrees that it will admit to membership and retain in membership any employee qualified according to the Constitution of The Newspaper Guild and by-laws of the local Guild.

4. The Company shall furnish to the Guild in writing, within two weeks of hiring, the names of persons hired after the effective date of this contract, with the dates thereof, contract job names, job experience ratings, salary, birth dates, Social Security numbers, addresses and phone numbers.

5. The Company shall notify the Guild monthly in writing of all changes in classifications and any salary changes by reason thereof and the effective date, resignations, retirements, deaths and any other revisions in data listed in Paragraph 4 of this Article.

6. Any employee who is discharged under the provisions of paragraphs 1 and 2 shall receive no severance pay.

7. Discharges under this Article shall not be subject to review by the Board of Arbitration.

8. The kind of work either normally, or presently, performed within the unit covered by this contract and other work assigned to be performed within the said unit, or work which replaces or displaces such work, is recognized as the jurisdiction of the Guild, and the performance of such work shall be assigned to employees within the Guild jurisdiction.

back to top

 
ARTICLE II
DUES
DEDUCTION
 

1. Upon an employee’s voluntary written assignment, the Company shall deduct weekly from the earnings of such employee and pay to the Guild not later than the fifteenth day of each month all Guild membership dues and assessments. Such dues and assessments shall be deducted from the employee’s earnings in accordance with a schedule furnished the Company by the Guild. Such schedule may be amended by the Guild at any time. An employee’s voluntary written assignment shall remain effective in accordance with the terms of such assignment.

2. The deduction assignment shall be executed by the employee in the form set forth as Exhibit “A”which is attached to this contract and made a part hereof.

back to top

 

ARTICLE III
VACANCIES -
PROMOTIONS

 

1. When new positions or vacancies are to be filled in any department, first consideration shall be given to employees of The Toledo Blade Company. Except for part-time C-6 rack sales positions, the Company shall give at least seven (7) days’ notice to employees by properly posted bulletins and in writing to the Guild. The Guild may supply the names of members available, which management will discuss with the Guild. An individual employee who files a written application for the position or vacancy shall, if not successful in his application, be informed of the reason for his rejection. The rejected employee shall be informed of the reason for his rejection in writing if he makes written request for same. Management has the sole right to determine the qualifications of an employee for such position or vacancy, it being understood that if the procedure herein prescribed is followed, the choice of person shall not be the subject of a grievance. As a full-time position becomes available, preference will be given to part-time employees currently working in the same classification as the posted position based on seniority, qualifications and experience.

2. If any employee is transferred or promoted to a vacancy which pays the same or a higher top minimum, that employee shall be on trial for a 90-day period. An employee may be returned by action of the Company or at his own request to the classification from which he was transferred or promoted at any time during the 90-day trial period, at the salary which he would have received had he remained in his classification. In the case of employees who enter the Programmer classification in the Information Technology Department, the 90-day trial period in the above paragraph will be extended 45 days at the request of the Company and an additional 45 days if the Company and the Union agree. The trial period will begin upon the completion of programmer school and will not exceed a total of 180 days.

back to top

 
ARTICLE IV
PART-TIME AND TEMPORARY EMPLOYEES
 

1. In cases where a shortage occurs, on days off of the regular
employees, such employees shall be given the opportunity to work on their days off at the prevailing rate of time and one-half before outside help is hired.

2. Part-time employees shall assume all the obligations of this agreement and shall receive its benefits on a proportionate basis as their respective work week compares with a full work week of 40 hours. Part-time employees shall be paid on an hourly basis equivalent to the weekly minimum salary provided for their classification and years of experience, regardless of the number of hours worked.

3. Part-time employees who work less than 20 hours a week shall not be entitled to severance pay, vacations, or leaves of absence until they have worked regularly for one calendar year.

4. A part-time employee shall be considered one who works regularly less than the work-week provided in the contract.

5. A temporary employee shall be considered one who is employed in a regular classification for a special project for a limited time subject to the limitations of Paragraph 6 of this Article. Persons hired to cover the absence of other employees due to vacations, sick leaves and leaves of absence for a period not exceeding 120 days shall be considered temporary employees. Temporary employees working less than thirty (30) days shall not be entitled to severance and vacation pay. Any employee hired as a temporary employee shall be deemed a permanent employee of the Company after a maximum of 120 days in such temporary capacity. However, persons employed either by the Company or by organizations engaged by the Company for special circulation promotion campaigns and who shall have no part whatsoever in the regular distribution of The Blade shall not be considered employees of the Company within the provisions of this contract. Any special telephone solicitors hired for circulation promotion by The Blade who are stationed within The Blade Building shall, upon completion of 90 days of continuous service in such capacity with the Company, which service shall not otherwise come within the provisions of this contract, be given preference over non-employees of The Blade for any openings in the Classified Sales Department or any other department in which they are qualified.

Within two (2) weeks after the hiring of any person whose employment is covered by this Section 5, the Company shall notify the Guild in writing of that person’s name, starting date, classification (if any), the nature of his special project or employment, and the probable duration of employment. Notice to the Guild under this provision shall in no way abridge the provisions of this Section 5 which provides that certain persons shall not be considered employees of the Company.

6. Part-time and temporary employees and interns shall not be employed where, in effect, such employment would eliminate
or displace a regular or full-time employee. Any employee leaving a full-time position shall be replaced by a full-time employee provided the Company continues to schedule a five (5) day position during a seven (7) day work week.

7. If a part-time or temporary employee becomes a full-time employee with no break in service, seniority for purposes of claiming particular vacation dates and determining the number
of weeks the employee may earn shall be based on the date of original hire on a part-time or temporary basis. The amount of vacation will be in proportion to the actual time worked, part-time or full-time.

back to top

 
ARTICLE V
EXCLUSIONS
 

None of the provisions hereof shall apply to the following:
Publisher, Administrative Assistant to the Publisher, Editor of The Blade, Executive Editor, Editorial Director of The Blade, Managing Editor, Assistant Managing Editor, City Editor, Sunday Editor, Blade News Editor, Senior Editor, News Systems Director, Chief of Washington Bureau, Officers of the Company, Controller, Assistant Controller, Financial Systems Director, Risk Manager, Credit Manager, Information Technology Director, Assistant Manager of Information Technology, Purchasing Manager, Advertising Director, Sales Development Manager, Retail Advertising Manager, Classified Advertising Manager, Assistant Classified Manager, National Advertising Manager, Advertising Services Manager, Circulation Director, Assistant Circulation Director, Circulation Managers, Human Resources Director, Human Resources Manager, Payroll Manager, Production Director, Marketing & New Business Development Director, Assistant to the Publisher, Executive Assistant, Manager Electronics Ventures, Systems Director, Operations Director, A-1 Retail Supervisor, Production/Human Resources Assistant.

None of the provisions of this collective bargaining agreement shall apply to sons or daughters of the Publishers, whether or not they are performing bargaining unit work. Whenever this provision is to be utilized, the Company will inform the Guild, by written notice in advance, the son or daughter, the general nature of the duties, and estimated duration.

back to top

 
 

Wages in effect for the 2011-2014 contract are as follows less the health care contribution required. Pursuant to the attached Joint Council of Newspaper Unions agreement: Wage reduction of 3% from gross hourly wages for all employees regardless of tier or classification on each of August 1, 2011, on August 1, 2012, and August 1, 2013, excluding outside sales representatives and inside sales representatives. At the election of individual unions, reductions will be diverted to the TNU-Blade pension plan.

Scale listings here:

EDITORIAL

E-1  Living Today Editors, Peach Section Editor, Financial Editors, Regional Editors, Chiefs of Copy Desks, Head Photographer, Art Department Heads, Farm Editor, Amusement Editors, Telegraph Editors, Columnists, Picture Editor, Sunday Section Editors, Magazine Editor, Religion Editor, On-Line Editor, Night City Editor, Assignment Editor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              1009.34                                 833.29

E-1a  Editorial Page Writers and Editorial Page Cartoonist:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          805.24                                 651.06
1Yr           914.35                                 748.49
2 Yr        1009.34                                 833.29

E-1b   Assistant Editors:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg.         985.35                                 810.99
1 Yr          993.22                                 818.90

E-2   Assistant Art Editor, News Promotion Mgr., Columbus, Washington and European Correspondents, Re-Writes, Make-Up Editor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
                984.35                                 810.99

E-2a   Copy Readers:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg.         763.65                                 613.93
1 Yr          840.22                                 682.30
2 Yr          984.35                                 810.99

E-3    Reporters, Artists, Make-Up, Photographers and Miscellaneous Writers not included in E-1 and E-2:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1Yr           703.67                                 560.38
2Yr           779.42                                 628.01
3 Yr          861.90                                 701.65
4 Yr          947.66                                 778.23

E-3a   Photo Lab Technician:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          651.22                                 513.54
1 Yr          693.44                                 551.24
2 Yr          735.73                                 589.00
3 Yr          778.07                                 626.81

E-4   Head Librarian:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
                947.66                                 778.23

E-5   Librarians:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          566.27                                 437.70            
6 Mos       599.57                                 467.43
1 Yr          632.08                                 496.45
2 Yr          665.39                                 526.20
3 Yr          709.47                                 565.56

E-6   Editorial Clerks and Typists:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          525.53                                 401.33
6 Mos       558.76                                 430.99
1 Yr          582.04                                 451.78
2 Yr          616.23                                 482.30
3 Yr          649.53                                 512.04

E-7   News Assistant:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          566.27                                 437.70
6 Mos       599.57                                 467.43
1 Yr          632.08                                 496.45
2 Yr          665.39                                 526.20
3 Yr          709.47                                 565.56

ADVERTISING

A-1
    Head of Art Department, Classified Sales Supervisor, General Advertising Supervisor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 1009.34           833.29

A-2   Assistant Manager of Advertising Services:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 984.35             810.99

A-3   Primary compensation by Commission Plan
This is defined in the Advertising Commission/Bonus Plan
Local Display, Classified Outside Sales, National/General Advertising Sales, Make-Up, and Digital Media Sales Specialist:

The A-3 Make-Up position is not included in the Advertising Commission/Bonus plan; compensation for the A-3 Make-Up postition is as follows:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1 Yr          703.67                                 560.38
2 Yr          779.42                                 628.01
3 Yr          861.90                                 701.65
4 Yr          947.66                                 778.23               

A-5   Primary compensation by Commission Plan
This is defined in the Advertising Commission/Bonus Plan
Classified Salespersons, Outbound Salespersons

A-6   Classified Telephone Manager:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 765.63             615.70

A-7   Classified Inside Sales Supervisor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 715.89             571.29

A-8   Copy Messengers:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          522.13                                 398.60
6 Mos       541.27                                 415.37

A-9   Copy Clerks:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          557.96                                 430.28
6 Mos       574.60                                 445.14
1 Yr          593.71                                 462.20
2 Yr          618.75                                 484.55
3 Yr          649.53                                 512.04

A-9a  Service Clerks:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 663.70             524.69

A-10   Copy Control Clerk:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          525.53                                 401.33
6 Mos       559.30                                 431.47
1 Yr          591.60                                 460.32
2 Yr          623.94                                 489.19
3 Yr          664.46                                 525.37

A-10a  Classified Clerks:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          525.53                                 401.33
6 Mos       558.76                                 430.99
1 Yr          582.04                                 451.78
2 Yr          616.23                                 482.30
3 Yr          649.53                                 512.04

A-10b  Classified Mail Clerk:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          541.79                                 413.74
6 Mos       576.60                                 444.82
1 Yr          610.34                                 474.95
2 Yr          645.40                                 506.25
3 Yr          689.23                                 545.39

                                                               
OFFICE

O-1   
Confidential Secretaries:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          592.11                                 460.77
6 Mos       624.57                                 489.75
1 Yr          654.52                                 516.50
2 Yr          676.22                                 535.87
3 Yr          707.82                                 564.08

O-2   Head Cashier, Ass’t Business Office Manager, Assistant Credit Manager:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 886.87             723.95

O-3   Cashiers:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          557.96                                 430.28
1 Yr          599.57                                 467.43
2 Yr          646.19                                 509.05
3 Yr          692.01                                 549.97
4 Yr          740.31                                 593.09

O-4   Payroll Department Supervisor, Supply Services Center Manager, Circulation Retention Supervisor, Circulation Systems Supervisor, Accounting Supervisor, Billing Supervisor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 798.62             645.15

O-5  Copy Runners and Messengers:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          522.13                                 398.28
6 Mos       541.27                                 415.37

O-7  Stenographers and Secretaries:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          547.09                                 420.58
6 Mos       567.93                                 439.18
1 Yr          592.11                                 460.77
2 Yr          624.57                                 489.75
3 Yr          668.69                                 529.15

O-9   Bookkeepers, System Support Specialists:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          567.93                                 439.18
6 Mos       605.38                                 472.62
1 Yr          654.52                                 516.50
2 Yr          712.02                                 567.83
3 Yr          771.98                                 621.37

O-9a   Assistant Stock Room Manager, Circulation Recorder, Print Shop Operator, Circulation Service Center Supervisor, Advertising Contract Clerk, Advertising Sales Assistant, Paper Inventory Clerk, Classified Adjustment Clerk, Payroll Clerk, Pre-Print Clerk, Credit Specialist, Marketing Sales Assistant:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          555.43                                 428.02
6 Mos       575.41                                 445.86
1 Yr          595.41                                 463.72
2 Yr          635.39                                 499.41
3 Yr          685.38                                 544.05
4 Yr          735.35                                 588.66

O-10   General Clerks:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          525.53                                 401.33
6 Mos       558.76                                 430.99
1 Yr          582.04                                 451.78    
2 Yr          616.23                                 482.30
3 Yr          649.53                                 512.04

O-10a  Data Entry Operator:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          602.88                                 470.39
6 Mos       633.85                                 498.04
1 Yr          664.77                                 525.65

O-10b  Computer Operator:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          695.83                                 553.38
1 Yr          726.80                                 581.03
2 Yr          757.78                                 608.69
3 Yr          788.75                                 636.34

O-10c  Programmer-Analyst:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          726.80                                 581.03
1 Yr          757.78                                 608.69
2 Yr          788.75                                 636.34
3 Yr          835.23                                 677.84
4 Yr          897.22                                 733.19

O-10d  Systems Analyst:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1 Yr          703.67                                 560.38
2 Yr          779.42                                 628.01
3 Yr          861.90                                 701.65
4 Yr          947.66                                 778.23

O-10e  Systems Coordinator:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1 Yr          703.67                                 560.38
2 Yr          779.42                                 628.01
3 Yr          861.90                                 701.65

O-10g  Programming Supervisor, Operations Supervisor:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 947.66             778.23

O-12  Purchasing Supervisor:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 861.80             701.56


MARKETING/DIGITAL MEDIA

M-1  Head of Art Departments, Head of Creative Services, Database and Research Coordinator, Marketing Manager, Digital Media Production Lead:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 1009.34           833.29

M-2  Assistant Art Director, Assistant to Marketing Director, Senior Digital Media Producer:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 984.35             810.99

M-3  Artists, Copywriters, Digital Media Producer, Marketing Coordinator:

              Hired                                   Hired
              Pre 5/29/07                         Post 5/29/07
Beg         647.06                                  509.83
6 Mos      676.22                                  535.87
1 Yr         703.67                                  560.38
2 Yr         779.42                                  628.01
3 Yr         861.90                                  701.65
4 Yr         947.66                                  778.23

M-4  Marketing Researcher, Marketing Representative:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          660.37                                 521.72
1 Yr          710.06                                 566.08
2 Yr          759.75                                 610.45
3 Yr          809.49                                 654.86
4 Yr          861.80                                 701.56

M-5  Public Service Representative:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          560.42                                 432.48
6 Mos       578.76                                 448.85
1 Yr          607.05                                 474.10
2 Yr          654.52                                 516.50

M-6  Receptionist:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          525.53                                 401.33
6 Mos       558.76                                 430.99
1 Yr          582.04                                 451.78
2 Yr          616.23                                 482.30
3 Yr          649.53                                 512.04


CIRCULATION


C-1   Regional Supervisor, Senior District Manager:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 1009.34           833.29

C-2   Street Sales Manager:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
              Not less than 974.34             802.05

C-3   District Manager, Traveling Representatives:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1 Yr          703.67                                 560.38
2 Yr          779.42                                 628.01
3 Yr          861.90                                 701.65
4 Yr          947.66                                 778.23

C-3a   Swing District Managers:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          577.96                                 448.14
6 Mos       607.93                                 474.90
1 Yr          639.56                                 503.13
2 Yr          698.70                                 555.94
3 Yr          773.63                                 622.84
4 Yr          844.40                                 686.03

C-3b   Newspaper in Education Coordinator:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          647.06                                 509.83
6 Mos       676.22                                 535.87
1 Yr          703.67                                 560.38
2 Yr          779.42                                 628.01
3 Yr          861.90                                 701.65
4 Yr          947.66                                 778.23

C-4    Newsstand Collectors:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          574.60                                 445.14
6 Mos       598.77                                 466.71
1 Yr          626.23                                 491.23
2 Yr          668.69                                 529.15
3 Yr          718.71                                 573.80
4 Yr          803.59                                 649.59

C-5   Street Sales Supervisor, Kiosk Supervisor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          574.09                                 420.58
6 Mos       587.91                                 457.02
1 Yr          603.00                                 470.49
2 Yr          668.69                                 529.15
3 Yr          709.47                                 565.56
4 Yr          762.79                                 613.17

C-6   Rack Sales Distributor:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          522.13                                 398.26
6 Mos       558.76                                 430.99
1 Yr          599.57                                 467.43
2 Yr          640.34                                 503.83
3 Yr          681.16                                 540.28

C-7  Supply Services Center Clerk, Customer Service Representative:

              Hired                                    Hired
              Pre 5/29/07                         Post 5/29/07
Beg          522.10                                 398.26
6 Mos       541.93                                 415.96
1 Yr          566.79                                 438.17
2 Yr          592.11                                 460.77
3 Yr          602.17                                 469.75

 

2. In the application of the foregoing schedule of minimums, experience shall include all regular employment in similar or comparable work. At the time of hiring, employees shall be classified as to job title and experience.

3. An employee assigned to work in a classification higher than his or her own shall receive the rate of pay of the higher classification for each day worked so long as the employee works at least half the day in the higher classification. All time spent working in a higher classification shall be considered in determining the experience level for the appropriate pay rate when employees work in a classification higher than their own. A letter clarifying the application of the preceding sentence is attached after Article XXVII (page 68 of printed contract, MOU 12-3-99 Job Differentials).

Any employee assigned to work as news editor, executive sports editor, business editor, or city editor, shall receive $8 for each shift worked or on any occasion when more than half a shift is worked in any of these positions.

When a permanent C-3(a) Swing District Manager is assigned to cover a District Manager absent for vacation, extended illness, or extended leave, for periods of one week or longer, the C-3 rate will be paid at the experience level attained as C-3(a). The Company will endeavor to offer the opportunity for permanent C-3(a)s to work as C-3s during the summer vacation periods; however, this in no way infringes on the Company’s right of assignment.

4. When an employee is hired at or increased to a salary in excess of the minimum for his classification and years of experience, he shall be credited with the amount of experience which conforms to his salary.

5. The increases provided in Paragraph 1 above do not apply to persons on retirement, partial retirement, or who are incapacitated by reason of long illness, or to employees receiving more than $1,072.23 per week. Effective September 22, 2000, this amount shall increase to $1145.42 per week.

6. Any employee working in the slot on the city desk, sports desk, or features desk shall receive $4.00 additional for each day worked, with a maximum of $12.00 for three or more days in one week, or the actual differential between his classification and the slot classification, whichever is greater. One-half day must be worked in order to collect the differential.

7. There shall be no reduction in salaries except per the specific terms of Section 1 of this Article VI, with the following exceptions:

(a) An employee who is permanently moved to a lower classification by action of the Company that is in accordance with the terms of this Agreement, shall receive the rate of pay for the lower classification. Such reclassification shall not be arbitrary. An employee shall not be reclassified to a lower classification solely due to the fact that he or she is doing lower classification work per the terms of this Agreement. Employees who are subject to reclassification due to elimination of one or more jobs in a higher classification shall be handled according to the provisions of the layoff language in this Agreement, including any bumping rights the employee may have. Employees reclassified under this provision shall not lose senority relative to other employees in the new classification as a result of the move to the new classification.

(b) An employee may request to be assigned to a lower classification provided that he possesses the qualifications and applies in writing. If the employee is selected, his rate of pay shall be adjusted to the lower classification.

8. The minimum wage rates established herein are minimums only. The Company reserves the right to acknowledge individual merit by increases above the minimums. The Guild reserves the right to bargain on individual merit increases. Merit increases shall be maintained.
 
9. All differentials above top minimums shall be maintained.

10. Payment of salary shall be made weekly in United States currency or by check or direct deposit.

11. Effective March 20, 1995, individuals hired into an intern classification in the advertising and news department shall be paid a minimum weekly rate equal to 73 per cent of the beginning rate of the A-3 and E-3 respectively. The Company shall provide all interns with weekly reviews by a supervisor and shall appoint a peer mentor to advise and assist each intern during his or her employment with the Company.

 

 
ARTICLE VII
HOURS AND OVERTIME
 

1. Effective May 29, 2007 employees will be required to work an additional thirty (30) minutes per shift. Five days of eight hours each within nine consecutive hours shall constitute a week’s work during the life of the Agreement. As far as practicable employees shall have two consecutive days off.

2. Unless otherwise specified herein, overtime will be paid for time worked in excess of five (5) shifts in a work week and for time worked in excess of ten (10) consecutive hours in a single shift. Paid sick time, vacations and holidays will count as time worked. The work hours of an employee will not be manipulated for the purpose of avoiding overtime. For example, a part-time employee will not be sent home early when there is available work in order to prevent such employee from working in excess of five (5) shifts in a work week. On the other hand, the Company is not required to schedule a part-time employee for overtime when another part-time employee is available to work at straight time.

(a) An employee, where it is deemed practicable and with the consent of the Publisher, the Guild, and the Employee, may work an alternative work schedule, such as a four-day workweek made up of four 10 hour days. Any such workweek of 40 hours will be considered a full, five-day work week for purposes of shift contributions by the Company on behalf of the employee and for purposes of accruing seniority by an employee. In any workweek where an employee would be entitled to holiday pay or paid time off, a regular five-day schedule shall be observed. Employees within such an arrangement would receive overtime pay at a rate of time and one half for all hours worked above forty (40) hours in the work week.

(b) An employee, where it is deemed practicable and with the consent of the Publisher, the Guild, and the Employee, may elect to be scheduled to work an 8 hour shift within 12 consecutive hours. However, all work in excess of 10 hours each day shall be paid at the overtime rate and in no case shall an employee be allowed to take compensatory time in lieu of overtime pay. Outside of such arrangements, a workday will remain 8 hours within 9 consecutive hours, except for those exemptions listed in Article VII, Section 2.

(c) In both instances 2 (a) and 2 (b), the Company shall pay for all overtime beyond the agreed upon work schedule at the rate of time and one half and beyond 40 hours in one week or ten consecutive hours in one shift at the rate of time and one half.

(d) On an individual basis, job-sharing agreements may be reached between the Publisher, the Guild, and Employee(s) who volunteer for such arrangements.

(e) No alternative work schedule or job-sharing arrangement shall result in fragmenting full-time jobs into permanent part-time jobs or eliminating part-time or full-time jobs or positions from the bargaining unit.

3. The following are exempt from the hours and overtime provision of this Agreement: Street Sales Circulator, Sports Editors, Circulation Promotion Manager, Payroll Department Supervisor, Regional Editor, Features Editor, Executive Editor of the Sports Department, Head of the Photographic Department, employees of European, Washington, New York and Columbus offices. For the purpose of providing continuity of coverage during home stands, the sports writer assigned to cover major league and Mud Hens baseball shall be permitted to work up to seven (7) days in a work week. Compensation shall be one and one-half (1 1/2) days off for each additional day worked, to be taken at a mutually agreeable time.

It is understood and agreed that there is normal and usual work necessary for commission based A-3 sales classifications and M-3 Digital Media Sales classification to perform in the servicing of his/her regular accounts and territory. Such normal and usual work will not be subject to the overtime provisions of this Article VII. However should the Company require a sales person to perform other than their normal and usual work, the required overtime must be authorized by management in advance of the work and hours performed.  It is further understood that when an A-3 or M-3 is on vacation, off due to illness or off for an emergency, the distribution of the absent sales person’s accounts will be distributed in an equitable manner among either A-3 or M-3 employees.

4. The Company shall pay for all overtime beyond ten (10) hours in one (1) day and 40 hours in one (1) week at the rate of time and one-half. Overtime shall be reported by the employees, in writing, within seven (7) days.

5. Overtime resulting from out-of-town assignments, which assignments exceed 24 hours, shall be compensated at the rate of 1.75 hours of overtime for each day out of town.

6. Working schedules shall be posted at least two weeks in advance in all departments where operationally possible. Any employee required to work during hours outside his posted schedule shall be paid at the overtime rate for such time worked; provided that changes in schedules may be made upon 24 hours notice when such changes are necessitated by unscheduled absences of employees.

Subject to past practice otherwise in certain circumstances, no employee shall be required to work a schedule without an interval of twelve (12) hours between shifts. Employees have the option to be so scheduled. A schedule does not include any overtime that may be worked on a shift. Illustrative of past practice otherwise includes scheduling shifts on the eve of a holiday within twelve hours after the preceding shift, and the late evening end of shift on Friday (6:45 p.m.) followed by an early morning start of a shift on Saturday (6:00 a.m.) for circulation personnel. There was a past practice against scheduling without (12) hours interval in the Editorial Department and the statement of the restriction was prompted by the expanded night operation for The Blade; however, it is recognized there is no schedule in effect at the time of the agreement that need be changed to comply with this provision.

Any employee required to work on his scheduled day off will be paid at the overtime rate provided they have exceeded 40 hours within the same week.

7. The Company shall cause a record of all overtime to be kept. Such records shall be made available to the Guild upon written request.

8. An employee who has left the building after his regular working day, and is thereafter called back, shall be paid a call-back bonus of $10.00 in addition to overtime pay for time worked after 40 hours.

 
ARTICLE VIII
HOLIDAYS
 

1. The following holidays, or days celebrated as such, shall be granted to all employees: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

2. The rate of pay for weeks containing the above holidays shall be five days’ pay for a four-day, 32-hour week with regular overtime to be paid for all hours worked in excess of 32 hours. Any employee required to work on the holiday shall be paid one day's pay for 4 hours’ work and double time for all time over 4 hours in addition to his or her regular weekly salary. Double time will be paid to those employees who work at any time after 6 p.m. or whose scheduled shift begins after 3 p.m. on the eve of a designated paid holiday. The eve will be paid only before the actual calendar holiday or designated date of celebration, not both.

3. An employee working on one of the above holidays, which also is his regular day off, shall be compensated as above and he shall receive, in addition, a day off at a later date.

When the Christmas, New Year, or Independence Day holidays fall on a weekend, the Company will designate the day of federal observance as the day off for employees who work Monday through Friday schedules in the business departments. However, for those employees who are required to work on that day because of business requirements, the day off will be scheduled so that a three-day weekend is afforded.

4. Employees whose vacation time includes a holiday shall receive an additional day off with their vacation.

5. Effective January, 1996, and each January thereafter, regular full-time employees who are working on the day designated as Martin Luther King Day shall be entitled to one-half hour paid time off in observation of Martin Luther King.

 
ARTICLE IX
SEVERANCE
 
Toledo Blade Voluntary Buyout Program

1. Eligibility

A. A full-time, active employee of the Company, including any such employee on sick or disability leave, who has worked within the last year; and for certain part-time Guild-represented employees who were recently involuntarily reduced from full-time to part-time. (Bonnie Curry, Tracey Murphy)

B.
Have not been awarded a social security disability award as of the effective date of this agreement;

C.
Employed in a position targeted for reduction by the Company.

2. Buyout Pay -  The buyout amount for eligible employees who volunteer to separate under this program will be $1,500 per year of continuous service (provided that the total payments and taxes do not exceed $3.25 million in the aggregate) based on years and complete months of continuous service since date of hire as of the effective date of the CBA, except for employees who are Medicare eligible as of the date of the agreement. Such Medicare-eligible employees will receive a $10,000 lump sum buyout.

The final cost of this voluntary buyout program will not exceed $3.25 million. If the final cost would exceed $3.25 million, the Employer shall consult with the Toledo Council of Newspaper Unions to negotiate modifications necessary to make certain that the amount of the program does not exceed $3.25 million. In the event that the final cost for the program is less than $3.25 million, the remaining amount shall create a pool to be used for future voluntary buyout programs that may occur, in lieu of contractual severance, during the term of the CBA. Such future programs, if any, are subject to negotiations over their terms between the Company and the TCNU.

Buyout pay will be paid on a monthly basis at $1,500 perr month. A lump sum will be paid for any byout of $10,000 or less. Buyout payments to eligible employees are in lieu of contractual severance as compensation for their past years of service and for the loss of seniority, retirement and health insurance benefits. The parties will work together in good faith to minimize the impact of these monies on unemployment benefits and to avoid pension offsets.

The years of seervice for eligible employees will be based on years and complete months of continuous service since date of hire (including hire as part-time) as of the effective date of this Agreement, except for employees who are Medicare-eligible as of 4/1/2011.

The buyout payments will be offered to eligible employees in targeted positions by seniority. If an insufficient number of employees in targeted positions volunteer for byout, then the buyout will be offered to eligible employees in the targeted positions who are voluntarily laid off in accordance with the respective collective bargaining agreements in lieu of any other contractual severance, subject to execution of the general release, covenant not to sue, and waiver of any contractual recall rights.

COBRA benefits for an eligible employee will commence at termination. Each eligible employee will have the option of allocating all or a portion of the voluntary buyout pay to monthly healthcare payments to the earlier of a maximum of 36 months or until the employee is Medicare-eligible. The parties will work together in good faith to minimize tax consequences to employees for healthcare payments. The applicable rate will be the COBRA rates for health insurance on a tiered basis.

If an employee dies prior to receiving all the payments described herein, the Company will pay the remainder of such payments to the person or entity designated as the beneficiary under the pension plan on a form to be provided by the Company.

3. General Release and Covenant Not to Sue - An employee who accepts the voluntary buyout will terminate all employment rights with the Company, will waive any recall rehire rights, and will enter into all appropriate agreements with the Company.

4. Other Severance Benefits - Participating employees who are not Medicare-eligible will have the option of contractual severance pay or the voluntary buyout program described herein.


   

1. When an employee with more than 90 days of service is discharged, he shall be paid a lump sum of money amounting to one week’s pay for every six months, or fraction thereof, of his service, the maximum payment not to exceed 52 weeks. 
When an employee with 90 days or less of service is discharged, he shall be paid a lump sum of money amounting to one day’s pay if he is discharged within the first 30 days, two days’ pay if he is discharged in the next 30 days, and three days’ pay if he is discharged in the next 30 days.

2. In computing severance pay the years of service of any employee shall be determined as the total years of employment with The Toledo Blade, or with any subsidiary, related or parent company of the Company, unless the employee has received severance pay as defined in this contract from The Toledo Blade, or any of the other companies referred to herein, in which case such service shall be considered terminated at the time of receipt of such severance pay by him.

3. In the event of the death of an employee, the Company shall pay his beneficiary, or estate, whichever the employee designates, an amount equal to the amount of severance pay to which the employee would have been entitled upon discharge, less any legal costs to the Company in making such payment. It is understood that this payment will not be provided should the Company provide an equal amount of insurance or other cash benefit, or should the employee be entitled to an equal or greater amount of life insurance under the jointly trusteed Health and Welfare Plan to which the Company contributes on his behalf; if the insurance or other cash benefit is not equal to the severance pay, the Company will pay the amount equal to the difference.

4. Severance pay may be paid on resignation with the consent of the Company.

5. Severance pay, in a lump sum, will be provided on retirement because of:

(a) Permanent incapacity prior to age 65 or normal retirement (as defined in the Toledo Newspaper Unions-Blade Pension Trust Fund), whichever is later;
(b) Advanced age (65 years or more) for an employee at no time eligible for membership in the Pension Trust Fund;
(c) Advanced age (65 years or more) for an employee participating in the Pension Trust Fund, but who is not eligible for benefits under the Pension Trust Fund at the date of retirement;
(d) Long tenure of employment (30 years or more) with consent of the Company.

6. Severance pay shall not be paid to employees in case of proven dishonesty involving monies or objects of substantial value.

7. In computing severance pay, the week’s pay shall be figured at the highest regular basic weekly rate, exclusive of bonuses and payments for any special work received from the Company by the employee affected during the next preceding four (4) years, except as provided in Article IV, Paragraph 2, in which case severance pay will be computed on a weighted average basis. The exception to the above formula shall be all advertising employees who receive commission/bonuses as part or all of their pay, who shall be paid severance based on the weekly average for all sales-related compensation.

back to top

 
ARTICLE X
HEALTH AND WELFARE
 

1. Company Benefit Plan - Efffective October 1, 2011 the new employer based PPO (Preferred Provider Organization) health benefit program will be implemented based upon the Schedule of Benefits Design for medical and prescription drug benefits. Except as otherwise provided below, all other benefit levels will remain in place, with the Company substituting alternate vendors, as applicable, to provide the benefits and benefit levels established herein with minimal disruption.

2. Cessation of Contributions to The Trust - Effective with the implementation of the employer based PPO, the employee and employer contributions to the Toledo Health and Welfare Trust (the "Trust") will cease.

3. Trust Assets - Effective with the implementation of thee employer based PPO, the Trust will then be frozen and the maintenance of benefits provisions eliminated. Existing reserves will be used to satisfy any necessary run-out claims for self-insured benefits and other incurred-but-not-reported claims, as well as any other administrataive costs relating to the period prior to the freeze.

Effective October 1, 2011, and upon approval by the Trustees of the Trust, trust assets remaining, if any, will be used to fund otherwise unfunded benefits for eligible participants under the new employer-based PPO Health Benfits Program and the Employer shall not be required to fund such benefits until the remaining Trust assets are exhausted. The Settlors direct The Trustees to fulfill their obligations under the Trust in a manner consistent with their fiduciary duties and to effectuate the instructions of the Settlors. The operation of this paragraph 3 shall not result in interruption of benefits to eligible employees; provided, of course such employees are eligible for coverage under the terms of the new employer-based PPO.

4. Employee Contributions - Employees will contribute to the new PPO plan, on a pre-tax basis, the amounts listed below based on the total composite rate for the applicable costs for medical, prescription drug, life insurance, dental, vision and sickness/accident and applicable administrative costs applicable to third party administrators or vendors. Making employee contributions is a condition of eligibility and each participating employee will be required to execute an agreement. Employees on workers' compensation or S&A benefits shall not be required to make any payments to maintain benefits while on S&A or workers' compensation.

  • 30% of the monthly cost for PYE (Plan Year Ending) 6/30/12, which is $309.74, or $71.48 per week.
  • The lesser of 30% of the monthly cost for PYE 6/30/13, or $344.21, or $79.43 per week.
  • The lesser of 30% of the monthly cost for PYE 6/30/14, or $382.57, or $88.29 per week.

5. Part-time Employees - In order to be eligible to receive the Company sponsored insurance benefits herein, an employee musr work at least 39 shifts on a rolling 3 month period. Once eligible, part-time employees are treated like any other employee and must make any necessary contributions and agree to make pre-tax contributions. In addition, for any period of ineligibility, an employee would be entitled to elect continuation of medical and prescription drug benefits, in accordance with the provisions of COBRA. An employee may be eligible in the future based on attaining coverage if the employee works the required shifts.

6. Opt-Out Benefit - An otherwise eligible employee may elect to opt out of Medical and Presciption drug benefits and also be eligible for an opt-out payment of $100 per month. As a condition of opting out, an employee is required to provide proof of alternate coverage but no requirement to provide for eligible expenses. Employees who opt out will continue to receive S&A and Life Insurance, and may receive Dental and Vision benefits, if they pay a 30 percent share of the cost of Dental and Vision Benefits.

7. Eligibility for Benefits - Employees of the Toledo Blade are eligible for benefits. Pre-Medicare eligible retirees existing as of September 1, 2011 may participate by self-paying the fulll monthly cost in accordance with the established formula. Existing Typographical incentive retirees receiving Company paid healthcare coverage will continue to receive Company paid healthcare coverage with benefits as described herein.

8. Domestic Partner Coverage - Benefit coverage will be extended to domestic partners in a marriage or civil union relationship that has been legally recognized by any jurisdiction in the United States.

9. The Settlors will instruct the Trustees to take appropriate actions to effectuate these provisions.

 
ARTICLE XI
PENSIONS
 

The Company and the Guild have agreed by a separate Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, upon the establishment of a jointly trusteed Non-Contributory Pension Plan for employees of the Company who are covered by this collective bargaining agreement. Said jointly trusteed plan shall be in lieu of the Blade’s Non-Contributory Pension Plan which was established effective January 1, 1960. The Company’s sole financial obligation with respect to the providing of pensions for such employees shall consist of those set forth in said Memorandum. There shall be no compulsory retirement date. Also attached to this collective bargaining agreement is an Addendum to Memorandum of Understanding re: Pension Plan effective, March 22, 2003.

  • The parties agree to freeze pension accruals until such time as the actuary's projected annual minimum contribution over and above shift contributions is $1 million or less, giving effect to the resumption of accruals on the minimum funding contribution. Service will continue to be earned for vesting purposes.
  • The Settlors will instruct the Trustees to take appropriate actions so that the Plan will remain frozen indefinitely, consistent with the terms of this Agreement. The Settlors will inform the Trustees when the conditions for resumption of benefit accruals under the terms of this Agreement have been met.
  • The Settlors will put out for bid the administration of the Plan and the Savings [401 (k)] Trust by a third party. They will award the bid to the low-cost qualified solution on or before October 1, 2011.
  • This will be reviewed by Fund counsel for purposes of legality.

Also attached to the collective bargaining agreement is an Addendum Memorandum of Understanding re: Pension Plan effective August 1, 2011.

 
ARTICLE XII
VACATIONS
 

Paid vacation of three (3) weeks or more pursuant to established vacation schedule for each unit will be reduced by one week; provided, however, the affected employee will have the option of taking an unpaid furlough for such week. For example, an employee whose years of service under the established schedule is entitiled to four (4) weeks annual paid vacation, will have his/her paid vacation reduced to three (3) weeks with the option of taking a fourth (4th) week as an unpaid furlough. Two full weeks of furlough will not be granted in a 12 month period. Furlough days, with the approval of management, may be taken one day at a time where it does not require replacement on a time-and-one-half pay basis, or otherwise interfere with the operation of the business. Employees will continue to earn vacation according to the established schedule in each unit.

Vacation Accrual for Employees Hired before May 29, 2007

1. Employees shall receive an annual vacation with full pay at the rate of three (3) weeks for one year of service and four (4) weeks after eight (8) years of service with the Company and/or other Company enterprises, provided that employees hired after October 31, 1965, shall be entitled to the fourth week of vacation only after eight (8) years of continuous service.

On each January 1st, five (5) weeks vacation with pay shall be allowed to all employees with twenty (20) years of continuous service on December 31st of the preceding year.

2. Employees with less service than required to earn four (4) weeks vacation as of December 31 of any year shall accrue vacation credits during the calendar year at the rate of one (1) day’s vacation with pay for each sixteen (16) paid working days, or fraction thereof, provided no such employee shall accrue more than three (3) weeks (fifteen (15) working days) vacation in any one (1) calendar year.

3. Employees with service as specified in Section 1, as of December 31 of any calendar year, that qualifies them for four (4) weeks of vacation, shall accrue credits at the rate of one (1) day’s vacation for each twelve (12) paid working days, or fraction thereof, provided no such employee shall accrue more than 4 weeks (twenty (20) working days) in any one (1) calendar year.

Employees who qualify for five (5) weeks of vacation shall accrue credits at the rate of one (1) day’s vacation for each nine and one-half (9-1/2) paid working days, or fraction thereof, provided no such employee shall accrue more than 5 weeks (twenty five (25) working days) in any one (1) calendar year.

Vacation Accrual for Employees Hired on or After May 29, 2007

4. On each January 1st employees shall receive an annual vacation allotment with full pay at the rate of; five (5) days for at least one year but less than three (3) years of service; ten (10) days for at least three (3) years but less than ten (10) years of service; fifteen (15) days for at least ten (10) years but less than fifteen (15) years of service; and twenty days for fifteen (15) or more years of service. In all cases service must be continuous from last date of hire in the Guild unit calculated from January 1 of a given vacation year.

Full-time employees hired on and after May 29, 2007 with less than one years service on January 1st shall be entitled to vacation day or days, with pay on the basis of one (1) day for each fifty-two (52) days, or major fraction thereof, worked during the immediately preceding twelve months. In no event will an employee with less one year’s service be provided more than five (5) days.

5. Earned vacation shall be taken on the following basis: An employee shall be entitled to take, during any calendar year, vacations earned during the previous calendar year only. No employee hired before May 29, 2007 shall be entitled to a vacation until he has been employed for six (6) months, provided that after the six months the employee may take a week of vacation to be deducted from vacation accrued in that year to be taken in the following year. Employees hired after May 29, 2007 will not be entitled to a vacation until they have earned said vacation by virtue of their continuous service as calculated on January 1 of any vacation year.

6. Effective May 29, 2007 temporary employees will not earn or receive vacation credits.

7. Vacation shall be chosen within the existing working units on the basis of length of service with The Toledo Blade Company. In cases of transfers from one working unit to another, this right cannot be exercised within the calendar year in which the transfer is made.

The Company reserves the right to post vacation schedules for those weeks resulting from the fifth (5th) week of vacation at any time of its choosing throughout the calendar year. The sense of this provision is to give the Company sole discretion on the scheduling of the number of weeks in a given period as distinguished from specific persons. Other contract provisions shall apply as to claiming of vacation by seniority. However, employees eligible to receive a fifth week of vacation shall make their selections for the fifth week from the list after all other vacation weeks have been chosen or waived.

The above position on scheduling supersedes any conflicting contract provision, understanding, or practice insofar as the number of people to be permitted on vacation during a specific period.

8. Vacation selections shall be made before April 1, otherwise the Company shall have the right to assign vacation periods. The Company shall post vacation schedules by April 15.

9. No employee shall be required to take vacation except between May 1 and October 31, but this does not prohibit an employee from taking his vacation at any other time with the consent of the Company. Employees eligible for four weeks of vacation under the terms of this Agreement may be asked by the Company to split their vacation when work assignments so require.

10. In the event of termination of employment, accrued vacation credits shall be liquidated in cash. Any employee who terminates his employment voluntarily or otherwise, shall be entitled to and receive vacation pay earned in the preceding and current calendar years, less any vacation pay previously paid for the credits in the preceding or current calendar year.

11. For the purpose of this Article, paid working days are defined as “days for which the employee is paid, excluding paid vacation time.” The term “paid working days” is not to be interpreted to permit accrual of vacation credit for overtime days when such days are in addition to the employee’s regular work week.

Vacation credits will accrue while on paid sick leave and short leaves of absence including, but not limited to, leaves for attendance at Guild or other union conventions as provided in Article XX, Section 4, maternity leave as provided in Article XX, Section 2, provided that the employee returns to work at the expiration of maternity leave as provided in the contract; and leaves under Article XX, Section 1.

12. Vacation pay for regular and part-time employees who qualify under the terms of this vacation Article shall be computed on the basis of the average number of hours worked per week by the employee during the qualifying period.

13. Employees shall receive their pay for their vacation periods, in part or in full, in the week preceding the taking of vacation if they so desire.

 
ARTICLE XIII
SICK LEAVE
 

1. Sick leave, with 100% pay, will be granted to employees covered by this Agreement in accordance with the following terms:

(a) The first five sick days used in a calendar year shall be unpaid. Emergency room visits that do not lead to hospitalization and outpatient procedures shall be unpaid on the day of the procedure or visit, and those days shall count toward the five unpaid sick days. These five (5) days unpaid sick days will be counted toward the overtime calculation when computing the week's pay.

(b) Sick leave compensation will be capped at a maximum of ten (10) weeks annually.

(c) The Company may require a certification from the attending physician, or any physician of the Company, during any period of illness or disablility.

(d) Up to three (3) days of vacation may be used as a short term of sick leave. However, the three (3) days will not count toward the waiting period for disability. It will count as a day worked for overtime purposes.

(e) The Company will agree that if a manager orders an employee to go home due to an illness, the employee will be paid for the remainder of that work day.

 
ARTICLE XIV
BEGINNERS
 

1. The number of employees paid at the starting rate in any one department covered by this Agreement shall not exceed ten (10) percent of the total number of employees in such department. Copy runners and messengers shall not be included in enumerating the beginners in any department.

2. Not more than one (1) employee in Classification E-2(a) with less than two years’ experience shall work on the copy desk at any one time.

back to top

 
ARTICLE XV
ADJUSTMENT of DISPUTES
 

1. The Guild shall designate a committee of its own choosing to take up with the Publisher or his authorized agent any matter arising from the application of this Agreement or affecting the relations of employees and the Publisher.

2. The parties shall follow the following steps in regard to any grievance:

(a) Step 1: Within 14 days of an alleged occurance, the Guild and aggrieved employee shall attempt to settle the grievance with the appropriate supervisor or manager, who will provide a written response within seven (7) days after meeting with the Guild. The Guild shall provide notice to the Company within the above time frame that it intends to file the written grievance per Step 2, which will start the time clock in Step 2.

(b) Step 2: If a settlement is not reached with the supervisor, the Guild shall file a written grievance within seven (7) days after receiving a formal written answer from the Company in Step 1. The parties shall have their first meeting on this issue within five (5) business days after the filing of the written grievance. Efforts to adjust grievances shall be on Company time.

(c) Step 3: If the grievance has not been settled within 30 days of the first meeting outlined in Step 2, the Company will have 21 days thereafter to submit a written response to the Guild outlining its position on the merits of the grievance. Upon receipt of the Company's written response, the Guild shall have 30 days in which to notify the Company of its decision whether to take this issue to final and binding arbitration.

(d) The parties hereto agree that as part of the consideration of this agreement any and all claims arising out of any alleged violation of this agreement shall be adjusted and determined exclusively by the machinery set forth in this section. Either party shall receive extensions of the time limits for any step outlined above, if notice is submitted in writing to the other party within the time limit of the appropriate step. However, in no event shall the combined extensions result in a determination to take a grievance to arbitration later than one year after the day the Guild first submitted the written grievance per Step 2.

(e) It is understood that the Guild has the sole authority to determine and execute a grievance and/or arbitration on behalf of itself or any employee(s) in the bargaining unit.


3. Any arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the Federal Mediation and Conciliation Service. Any expense incurred jointly through arbitration shall be shared equally by the Company and the Guild.

4. Conditions prevailing prior to an action or circumstance which results in grievance, except in the case of dismissals, shall be maintained unchanged, pending final settlement of the grievance as herein provided.

5. Renewal of this contract shall not be a dispute subject to arbitration.

6. Notwithstanding any other provision of this Article XV the following expedited arbitration procedure is hereby adopted for all contested discharge cases.

A panel of arbitrators has been selected by the parties to hear cases processed to arbitration under this section. In such cases the first arbitrator available (starting from the top of the list) shall be selected within 5 days from the day notice of the discharge is given to the Guild and the employee, under Article XIX, Section 2. The arbitrator shall schedule a hearing in the matter within 5 days from the date of his selection. If he is unable to do so the next arbitrator from the list shall be contacted.

The hearing shall be informal and without briefs or transcripts. There shall be no formal evidence rules. Either party may submit oral arguments at the conclusion of the hearing.

The arbitrator shall have the obligation of assuring that all necessary facts and considerations are brought before him by the representatives of the parties. In all respects, he shall assure that the hearing is a fair one.

The arbitrator shall render his decision within 48 hours after conclusion of the hearing. His decision shall be based on the record developed by the parties at the hearing and shall include a brief written explanation of the basis of his conclusion. These decisions will not be cited as a precedent in any discussion of grievances at any step of the grievance or arbitration procedure.

Expenses jointly incurred in arbitration under this Section shall be shared equally by the Company and the Guild.

back to top
 

 
ARTICLE XVI
EXPENSES and EQUIPMENT
 

1. When authorized, employees’ vehicle mileage in the service of the Company shall be compensated at a rate equal to the standard mileage rate allowable under current Internal Revenue Service regulations. The rate will fluctuate and become effective on the same date the Internal Revenue Service increases or decreases the standard mileage rate. The Company will notify the Guild when such changes take place. The current standard mileage rate is fifty-five and one half cents ($.555) per mile.

2. Permanent district managers, swing district managers, traveling representatives, newsstand collectors, the street sales supervisor and photographers who use their own vehicles shall receive an annual extra vehicle use fee of $750.00. This annual allowance will be paid to the above on April 1, 1995 and annually on each April 1 until the year 2000 when the annual amount increases to $900.00. Effective April 1, 1998 Rack Sales Distributors shall receive an annual extra vehicle use fee of $500.00. These are the only allowances paid for extra vehicle use. Payments on these allowances shall be in annual increments only.

3. Ownership of or access to a vehicle and a valid driver's license shall not be a condition of employment, except for photographers, outside circulation and outside advertising personnel. A valid driver's license shall be a condition of employment for reporters and E-1 editors. This section shall not be cause for discipline or discharge for an employee, provided that the employee can perform his or her duties when assigned.

4. Employees who do not regularly use their own vehicles in service to the Company shall not be held to the liability limits outlined in Section 6. However, in the event said employee is involved in an accident while in service to the Company, the Company shall reimburse the employee’s collision insurance deductible in an amount equal to half of the deductible to a maximum of $250. Such reimbursement shall be made only in the event of a moving accident, and specifically excludes vandalism, theft and claims covered by the comprehensive policy. To qualify for reimbursement, the employee must provide a police accident report, proof of an insurance claim being filed, and proof of the relevant repair work being completed. The employee must have sought the use of a Company vehicle before using their own car. Only one “at fault” claim will be covered in a three-year period.

5. For those required to drive a vehicle in the performance of their duties, the Company requires insurance with a minimum liability limit of:
      Bodily Injury Liability - $250,000 Each Person
                                          $500,000 Each Accident
      Property Damage Liability -  $100,000 Each Accident
      A one million dollar insurance umbrella will be considered to       replace the other listed liability limits.
  

Before mileage reimbursement is paid, a letter will go out annually to each driver which states that to be eligible for mileage reimbursement; the employee must provide Human Resources with evidence of proper insurance through a certificate of insurance or a copy of the declaration page of the employee’s insurance policy. Also, drivers will be required to give notice to Human Resources if their driver’s license is revoked or suspended or their insurance is cancelled.

6.  The Company agrees to pay one-half up to a maximum of $400 per year toward the liability premium per year in one lump sum on an annual basis. A copy of the declaration page of the employee’s insurance policy must be provided for reimbursement.

7. Expense accounts incurred by employees which are authorized by their department head shall be paid. Necessary working equipment shall be provided to the employee and paid for by the Company.

8. In the event suitable parking is not available for photographers, outside circulation and outside advertising personnel using a vehicle for business reasons, the Company will provide reasonable reimbursement toward parking expenses.

back to top

 
ARTICLE XVII
OUTSIDE ACTIVITY
 

1. Employees of the Company shall be free to engage in any outside activity on their own time except that without permission in writing from the Company no employee shall use the name of The Toledo Blade or his connection with the Company, or any featured title or any other Toledo Blade material, to exploit in any way his outside endeavor.

2. Appearances of employees on radio and TV (including CableVision) are voluntary and may be refused by the employee. Web communications that are reasonably related to the employee's print job duties (including toledoblade.com and the electronic publications) are considered job duties.

3. A. Personal activity on computer, Internet and social networks.

i. Employees of the Company remain free to make reasonable personal use of the Company's computer equipment, networks, systems, portable electronic devices and accounts (hereinafter "Company computer systems") consistent with Company policies dated February, 2010 and any amendments thereto.

ii. No Employee will be disciplined or discharged solely as a result of any Internet activities or statements by another person.

iii. No bargaining unit employee will be disciplined solely for refusing a contact invitation from a Blade manager via any social network or equivalent.

   B. Company-directed activity on computers, internet and social networks.

i. In addition, in any circumstance wherein the Company directs an employee to utiilize Company computer systems for social networking sites or equivalent communications accessible to the public, the Company will defend, protect, indemnify and hold the employee harmless, provided the employee follows the notice and advice procedures outlined in Article XXIV, sections 2(a) and (b).

ii. At the beginning of each calendar year, the Company will place clearly visible notices posted in the appropriate work areas indicating that monitoring of their activities is occurring.

iii. The Company will not disclose any images or personal information about any employee via computer, internet, social networking sites, or the equivalent, without first notifying the employee of the specific proposed disclosure.

iv. Employees may be assigned to use multi-media equipment for print and electronic publications, so long as the assignment does not result in the reduction of hours or loss of employment for any other employee. The Company shall provide said equipment and adequate and ongoing training for the use of such equipment.

    C. Nothing in this Article XVII, paragraph 3 supersedes or replaces any additional protections afforded employees by state or federal law.

back to top

 
ARTICLE XVIII
NORMAL WORK
 

1. There shall be no increase in work so as to place unreasonable duties upon an employee as a result of which his competency might be questioned.

2. Reporter/Photographer combinations, including Reporters taking photos and using other multi-media equipment, shall be permitted in accordance with Article XVII, Section 3 (B) iv above. Photographers shall furnish the customary identification of photos. Assignment of such tasks will not seriously impede the employee's ability to perform his or her primary job duties.

back to top

 
ARTICLE XIX
SECURITY
 

1. There shall be no discharges except for just and sufficient cause.

2. The Guild and the employee shall be notified in writing with the reason for the discharge stated in such notice. Such notice shall be given at least two weeks in advance. Notice of the time and place of formal discharge action shall be given to the Guild at least one day in advance of such action so the Guild may exercise its right to have a representative present at the time of such formal action. The Guild will supply the Company at all times with an up-to-date list of Guild officers, Executive Board members, and stewards, to any of whom the notice called for in the said section may be given.

3. Putting this Agreement into effect shall not be a cause for dismissal.

4. There shall be no discharge of, or other discrimination against, any employee because of his membership or activity in the Guild. There shall be no interference, nor attempt to interfere, with the operation of the Guild.

5. An employee hired into an A-3, C-3, E-3, or M-3 classification, or higher, or an employee hired into an O-10(d) classification with less than 120 days’ service with the Company may be discharged provided only that he be given notice as set forth above, said discharge not being arbitrable. Any other employee with less than 90 days’ service with the Company, or an employee hired at the beginner’s rate with less than 180 days’ service with the Company may be discharged provided only that he be given notice as set forth above, said discharge not being arbitrable.

6. If reduction in the force for reasons of economy is deemed necessary, the Company will discuss such reduction with the Guild before it is made to the end that unnecessary hardships may be avoided.

7. In carrying out the provisions of Paragraph 6 herein above, the Company shall allow a reasonable time for discussion with the Guild after written notice to the Guild and before notification to the affected employee, which in no case shall be less than two (2) weeks.

8. In the event discharges for reasons of economy are deemed necessary by the Company during the life of this contract, such discharges shall start with the youngest employee in point of service in the classification or classifications in which reduction in force is made. Any employee so affected who holds greater seniority in a lower ranking classification from which he has been promoted may elect to return to such lower ranking classification if his seniority in such lower ranking classification is sufficient to continue his employment and his rate of pay shall be the contract rate for the classification in which he continues his employment.

9. Employees discharged for reasons of economy shall be carried on a rehiring list for the classification from which they were discharged for a period of time equal to their severance pay but not less than twenty-four (24) months.

10. The Company will give the Guild not less than three months’ notice prior to the installation of new equipment or machinery, generally referred to as automation, providing such installation would result in a reduction of the staff. Should such a reduction be made, the Company will maintain its present policy of accomplishing this reduction through attrition.

11. The Company will provide the Guild with a written notice containing the name, last known address, and date of termination of any employee whose employment with the Company is terminated for any reason, said notice to be delivered to the Guild office or a Guild representative at the time notice of termination is delivered to the payroll department.

back to top

 
ARTICLE XX
LEAVE of ABSENCE
 

1. Leaves of absence shall be granted for good and sufficient cause with due regard for the efficient operation of the department concerned. Five years’ continuous employment without leave of absence shall constitute such good and sufficient cause to merit the Company’s approval for a leave of absence not to exceed three months, and also will apply to employees who become adoptive parents as provided below, with the number to be absent at any one time to be agreed upon by the Guild and the Company. Employees who become adoptive parents after one year of service may be granted a personal leave of absence of up to one month duration subject to the terms and conditions herein. Such leaves shall not constitute breaks in continuity of service, but may be deducted in computing severance pay.

2. Leaves for maternity reasons shall not exceed six months. Employees will be granted a personal leave of absence of up to 13 weeks after the birth of a child. Such leaves shall not constitute breaks in continuity of service, and employees shall not be required to use vacation time as part of this leave.

3. An employee who adopts or whose spouse gives birth or adopts a child shall be granted two days off with pay to be taken beginning either on the day of the birth or adoption or the day the spouse leaves the hospital.

4. In the event an employee is elected or appointed to any AFL-CIO, The Newspaper Guild office or office of a local of The Newspaper Guild/CWA, such employee, upon reasonable notice to the Company shall be given a leave of absence, provided only one employee at any one time from a specific department or aggregate of three employees of the Company at any one time, shall be entitled to such leave. In addition, upon reasonable notice to the Company not more than an aggregate of six employees shall receive a leave of absence not to exceed two weeks, for the purpose of attending a special or regular convention of The Newspaper Guild/CWA or any convention of the AFL-CIO or any delegate body meeting or other special meeting of the Guild or any organization with which the Guild is affiliated. Any such leave may be extended by mutual agreement. Such leaves shall not constitute breaks in continuity of service, but may be deducted in computing severance pay.

5. All applications for leaves of absence must be made in writing on form provided by the Company at least two weeks prior to the effective date of the requested leave. All such requests shall be acted upon in writing by the Company within one week after such request is received.  However, nothing in this paragraph shall modify the provisions of Paragraphs 2 and 3 of this Article nor prevent the Company from waiving the requirements hereof, especially in emergencies.

back to top

 
ARTICLE XXI
MISCELLANEOUS
 

1. An employee’s by-line or credit line shall not be used over his protest.

2. The Company agrees to permit bulletin boards to be suitably placed in all departments of The Blade for the use of the Guild.

3. No employees shall be transferred by the Company to any Block enterprise or to any other city without the employee’s consent and payment by the Company of all transportation and all other moving expenses of himself and immediate family. There shall be no reduction in salary or impairment of other benefits as a result of such transfer. An employee shall not be penalized for refusing to accept a transfer. No employee shall be transferred to another department without his consent.

4. Accounts are payable to The Toledo Blade Company promptly as collected.

5. The Toledo Blade Company shall provide suitable building accommodations and equipment for use of employees in the distribution and production of the newspaper, including light, heat, and maintenance.

6. The Company agrees not to have or to enter into any agreement with any other company binding such other company not to offer or to give employment to such employees of The Toledo Blade Company.

7. Employees shall not be required to handle struck work or work destined for struck departments or shops except where in violation of applicable law.

8. Both parties agree that there shall be no discrimination based upon age, color, creed, disability, handicap, military status, national origin, race, religion, and sex, and sexual orientation. This provision is intended to cover all of an employee’s relationships with the Guild and the Company from hiring through termination, for whatever reason.

9. When changes are made in operations or duties affecting the working conditions of employees covered by this Agreement, new classifications or rates of pay shall be established by negotiation between the Company and the Guild. The Company agrees to furnish the Guild with all necessary information for such negotiations. The effective date of any new classifications and/or new rates of pay established hereunder shall be fixed by negotiations between the Guild and the Company.

10. When the Company sells for publication outside The Blade and The Sunday Blade any product of an employee, the Company shall compensate the employee at a rate to be mutually agreed upon between the Company and the employee.

11. Any employee whose schedule requires him to work such hours on election day as to prevent him from voting will be given sufficient time off to vote in any regular or special election for which he is registered.

12. An employee may refuse to perform his or her duties when, in good faith and with good cause, he or she believes abnormally dangerous working conditions exist at his or her place of work.

13. Contractually established working conditions and mutually recognized past practices shall not be abridged except as provided herein. It is understood that while either party may assert that a practice is or is not mutually recognized, should the issue go to arbitration, it shall be proper for the arbitrator to decide whether or not an alleged practice is mutually recognized.

14. Upon introduction of any new technology or software, the Company shall give adequate training to any employee who would be assigned to use the new technology or software, and shall offer reasonable additional training to any employee who believes it necessary to perform the assignment.

back to top

 
ARTICLE XXII
NO STRIKE/ NO LOCKOUT
 

No strike, slowdown, work stoppage or any other interference with or interruption of work shall be permitted during the term of this Agreement. Nor shall the Company lock out its employees during the term of this agreement. 

back to top

 
ARTICLE XXIII
NATIONAL SERVICE
 

1. Any employee who, since January 1, 1940, has left the employment of the Company to enter any kind of service, military or otherwise or the Peace Corps of the United States Government, or who is required to enter such service hereafter, shall be considered an employee on leave of absence, and on release from such service shall resume his position or a comparable one with a salary no less than what he would have received if his service with the Company had been continuous.

2. Time spent in such service shall be considered service time with the Company in computing severance pay, length of vacations, experience rating, and all other benefits which depend in whole, or in part, upon the length of continuous service with the Company. This section shall not apply to temporary employees.

3. An employee leaving for such service shall be given the full vacation pay due him at the time of departure.

4. The Company agrees to hold in reserve the vacation pay of an employee in such service. Such pay shall accumulate for a period not to exceed five years, and the accumulated amount shall be paid to the employee after 90 days of service upon his return to the Company. This provision is not applicable to employees who return to the Company after service in the Peace Corps.

5. If an employee, upon his return from such service, is found to be physically incapacitated to the extent that he is unable to resume his former employment, the Company shall make all efforts to place him in other acceptable employment and shall consult with the Guild thereon. If such other employment is not found, the employee shall receive his severance pay. If an employee dies while in such service, the amount of severance pay and accumulated vacation pay shall be paid to his beneficiary or estate.

6. Application for resumption of employment must be made within 90 days after termination of such service, plus travel time from separation center to place of employment. An employee who elects to remain in service after voluntarily declining to accept his release to return to civilian life, will be considered as resigning his employment with the Company and will not be entitled to any benefits under this Article not already received.

7. An employee promoted to take the place of one entering such service may, upon the resumption of employment of such employee, be returned to his previous position and salary, but at no less than the then current minimum for that position. An employee so promoted, and while such promotion is temporary, shall continue to receive credit for his employment in the experience rating in which he is classified. In the event of a subsequent permanent change in employment, and consequent change in classification, the employee shall receive full credit in his experience rating in such new classification for the period in which he has already been engaged in such new classification.

8. An employee hired as a replacement for one entering such service shall be covered by all the provisions of this Agreement, except by this military service article, and except that such replacement employee, on entering military service, shall be construed to be a dismissed employee and shall be given accumulated severance pay and pro rata vacation pay.

9. The return of an employee from service shall be considered just and sufficient cause for the dismissal of the replacement employee. In the event of reduction in force, persons classified as replacements for those who have entered military service shall be the first discharged in each classification affected.

10. Leaves of absence, not to exceed two weeks, shall be granted to employees for service with the National Guard and Army, Navy, Marine, Air Force and Coast Guard Reserves. During such leaves employees will be paid the differential between their military pay and allowances and their salaries, in addition to vacation pay, provided that such leaves are taken as part of their vacation.

back to top

 
ARTICLE XXIV
PRIVILEGE
 

1. The Toledo Blade Company and the Toledo Newspaper Guild/CWA, believing that a free press best gathers news without external pressures, that the protection of confidential sources is one of the foundations of a free press, and that employees gathering news should be responsible in their work not only to the public but to their consciences, agree that protection of such an employee’s security is of prime importance.

2. The Company and the Guild agree that:

(a) When a demand for disclosure of information or the source thereof is made upon an employee by or through any court or lawful authority, such employee shall notify the Company’s representative and the Guild, or if such demand is made upon the Company, the Company’s representative shall notify the employee and the Guild.

(b) Following such notification, the Company’s counsel will be consulted by the employee, the Company’s representative, and the Guild, and full disclosure of all facts will be made by the employee. If the Company’s counsel’s advice is followed by the employee, he shall not suffer any loss of pay or other benefits and shall be made whole against any court assessed penalties resulting from his failure to make the disclosure referred in paragraph 2 (a) herein if such penalties result from his following the Company counsel’s advice.

back to top

 
ARTICLE XXV
SEPERABILITY
  Any provision of this Agreement which is found to be in conflict with any federal or state law shall, for the duration of said conflict, be void, inoperative and of no effect. It is mutually understood and agreed that nullification of any provision in this manner shall in no way affect validity of any other provision.

back to top
 
ARTICLE XXVI
MANAGEMENT
RIGHTS
  Except as modified or restricted by this Agreement, all statutory and inherent managerial rights, prerogatives and functions are retained and invested exclusively in the Company, including, but not limited to, the right to reprimand, suspend, discharge or otherwise discipline employees for just cause; to determine the number of employees to be employed, to hire employees, determine their qualifications, and assign and direct their work; to promote, demote, transfer, layoff and recall to work in accordance with the provisions of this Agreement; the products to be produced and/or the services to be rendered; to maintain the efficiency of operations; to set starting and quitting times; to determine the personnel, methods, means and facilities by which operations are conducted; to determine reasonable standards of production; to issue, amend and revise reasonable rules and policies in accordance with applicable law; to cease any department, operation or service; to control and regulate the use of machinery, facilities, equipment and other property of the Company; introduce new or improved research, production, service, distribution and maintenance methods, materials, machinery and equipment; to determine the number, location and operations of departments, divisions and all other units of the Company; and to take action necessary to determine, manage and fulfill the mission of the Company.  The Company’s failure to exercise any right, prerogative or function hereby reserved to it, or the Company’s exercise of any such right, prerogative or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative or function or preclude it from exercising the same in some other way not in conflict with the provisions of this Agreement.  The Company has the right to subcontract bargaining unit work if the Company customarily subcontracted the work prior to August 20, 2006.

back to top
 

ARTICLE XXVII
DURATION AND RENEWAL

 

1. This Agreement shall commence on the 1st day of August 2011, and expire on the 31st day of May, 2014.

2. Not less than sixty (60) days prior to the expiration of this contract either party hereto may give to the other party notice of desire to change the terms hereof. In the event of such notice, negotiations shall be entered into approximately sixty (60) days prior to the expiration date of this contract. The contract shall remain in effect and all terms and conditions of this Agreement shall be maintained for a period of six (6) months after the expiration date of this contract or until a legal impasse is reached, whichever occurs first.  Wages of the new Agreement shall be retroactive to the expiration date of the expired Agreement but in no event will such retroactivity be more than ninety (90) days, except by mutual agreement of the parties.

IN WITNESS WHEREOF, this Agreement made the 1st day of August, 2011 and signed by the parties herein on the __________.

THE TOLEDO BLADE COMPANY

   
   

TOLEDO NEWSPAPER GUILD/CWA

   
 

Exhibit A
DUES DEDUCTION ASSIGNMENT FORM
ARTICLE II -
PAGE 3

 

To The Toledo Blade Company

I hereby assign to the Toledo Newspaper Guild-CWA and authorize the Toledo Blade Company to deduct from any salary earned or to be earned by me as its employee, an amount equal to all my Guild membership dues and assessments, and/or service fees in an amount not to exceed the amount of full membership dues, as certified by the treasurer of the Toledo Newspaper Guild-CWA for each calendar week following the date of this assignment.

I further authorize and request The Toledo Blade Company to remit each week the amount deducted to The Toledo Newspaper Guild for and on my behalf.  This assignment and authorization is voluntary, and is not conditioned upon my present or future membership in The Toledo Newspaper Guild-CWA.

This assignment and authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one year from the date appearing below or until the termination of the collective bargaining agreement between the Company 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 year each or for the period of each succeeding applicable collective agreement between the Company and the Guild, whichever period shall be shorter, unless written notice of its revocation is given by me to the company 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 year, or each applicable collective agreement between the Company and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which the company receives it.

This assignment and authorization supersedes all previous assignments and authorizations heretofore given by me in relation to my Guild membership dues and/or service fees.

______________________________
(Employee’s Signature)

___________________
(Date)

Union dues are not deductible as charitable contributions for Federal Income Tax purposes.

back to top

   
OUTLINE OF DUTIES OF NEWS ASSISTANT  

In the establishment of the classification News Assistant, E-7, it is agreed that such employees’ duties shall be limited as follows:

It is understood that this listing of areas in which news assistants may function and may not function is not to be construed as all inclusive. There may be duties not here mentioned in which it would be permissible for the news assistant to function; there also may be areas not here mentioned in which the news assistant could not function without infringing on the responsibilities of a reporter.

The news assistant will have more responsibility than a clerk and less responsibility than a reporter in compiling information. The basic criterion in determining whether a news assistant or a reporter should be assigned to a task would be the complexity of the matter and the amount of independent judgment required.

The news assistant may:
Take dictation from sources or reporters in the field.
Compile routine tabular material and lists that appear daily or weekly.
Fill out forms.
Compile sports scores.
Assist in locating information to answer reader's questions.
Answer the phone and route calls to appropriate reporter, editor
    or department.
Sort and distribute mail.

It is understood that this listing is not all inclusive, but rather indicative of the level of work an E-7 is expected to perform. The complexity of the task and the amount of independent judgment required will be used in determining whether the work is that of an E-6, E-7, or E-3. It is further understood that the parties are not stipulating, by omission of various duties listed as prohibited in previous versions of this agreement, that such duties are now within the purview of a news assistant.

   

MEMORANDUM OF UNDERSTANDING

March 22, 1982
&
August 28, 2007 Addendum

 

The following understandings were reached between the Toledo Newspaper Guild/CWA and the Toledo Blade Company during and incident to the negotiation of the contract between the Guild and the Company effective March 22, 1982, and expiring March 21, 1983, and will be applied in the interpretation of said contract and any future contracts except as they may be specifically modified in negotiations for future contracts.
    1. Both the Guild and the Company reserve their positions on the applicability of Article 1, Section 8, as a standard for determining eligibility of employees for exclusion from contract coverage under Article V.
    2. It is agreed the Company may assign employees to duties as either Local Display, Classified Outside Sales or National Advertising Sales without regard to previous assignments.
    3. In the retention of the language of Article XX, Section 3, unchanged from the previous contract, both the Guild and the Company reserve their positions with respect to the interpretation of the first sentence in said section.
     4. Article VII, Section 3 provides, among other things, that, “Any employee designated to perform substantially all the regular duties of Blade News Editor shall receive $8.00 additional for each day worked.”
      This provision will apply to the night shift as well as day shift for so long as the night operation continues to justify same.
     5. For the purpose of first hand familiarization with certain operations of The Toledo Blade Company, sons and daughters of Publishers may work in positions within the bargaining unit of The Toledo Newspaper Guild/CWA.
      The Company will inform the Guild, by written notice in advance, the member of the Publisher’s family, the general nature of the duties, and estimated duration. The Company will upon request meet with the Guild to discuss the matter and answer any questions. The Company affirms the purpose of this understanding is to permit the familiarization outlined above rather than assignment on a regular, permanent basis of an excluded person to do bargaining unit work.
      It is agreed that if the Guild asserts either that this understanding is being abused or that the Company is extending its application beyond what was intended or is reasonable, it may proceed under the provisions of Article XV, specifically including Section 3.
     This understanding does not alter other provisions of the collective bargaining agreement with respect to exclusions and jurisdiction except to the extent necessary to implement it.
     6. For the purposes of continuing a long-standing past practice, the employee designated as the weekend news editor shall be permitted to work a four (4) extended day work week, including the provisions on shift differential and over-time pay for total hours exceeding 37-1/2. This arrangement shall continue as long as it is mutually acceptable to the Company, the Guild and the individual in the job.

August 28, 2007 Addendum to “Memorandum of Understanding” to contract dated March 22, 1982: Change section 6, “37 ½ hours” to “40 hours” to conform to the August 24, 2007 Joint Council Agreement.

   

MEMORANDUM OF AGREEMENT

May 22, 1989

 

     This will confirm the understanding reached during recent negotiations relating to the establishment of a pre-tax child care payroll deduction plan. These understandings were spelled out in Bob Higdon's letter dated February 20, 1989 and the letter to Ted Iorio dated March 13, 1989.
     
The Company will proceed to establish the criteria an mechanics for a pre-tax child care payroll deduction plan and be made available to all Blade employees at the earliest practical date but not later than September 1, 1989.

   

MEMORANDUM OF AGREEMENT

March 17, 1992

      The Company and the Union agree to meet for purposes of establishing a method of formally encouraging and pursuing employee involvement in matters of mutual business concerns.
     
Initially, the parties will meet to determine the make-up and mechanics for the dialogue including the composition of the group, the subjects to be explored and the format for the group.
     
It is intended that the efforts be exploratory and consultative and not limited except that matters more appropriately considered as labor relations shall be avoided.
   
NOTE ON AGREEMENT
FOR A 401-K
 

      A separate memorandum of understanding provides for the establishment of a jointly trusteed noncontributory pension plan for employees covered by this labor agreement.
     Beginning with the 1995-1998 contract the Company has agreed it will approve an amendment to the existing Pension Trust agreement to provide for a 401-K individual pre-tax savings option.
      The amendment would allow a 401-K plan to be available effective January 1, 1993.

   

MEMORANDUM OF AGREEMENT

April 1, 1995
&
August 28, 2007
Addendum

 

     The Company and the Guild agree to set up committees for the Advertising and Circulation Departments to discuss creating an incentive compensation program. The Guild will choose its representatives for these committees. It is understood that the discussions will be voluntary and any program developed would be implemented only by mutual agreement, subject to ratification by the membership.
      The Company and the Guild agree to form a committee to discuss a system for selecting district assignments by bid. The Guild will choose its representatives for this committee.

August 28, 2007 Addendum to “Memorandum of Agreement” dated April 1, 1995:
The parties agree that the negotiations of a commission-based compensation program for Advertising Sales staff in the May 29, 2007 through May 31, 2010 contract renders the Advertising portion of the Memorandum moot, but does not void any other term or commitment set forth in the April 1, 1995 Memorandum of Agreement.

   

MEMORANDUM OF AGREEMENT

April 22, 1998

 

     During 1998 negotiations, the Company agreed to implement direct deposit in some form, if possible.
      Furthermore, the Company and the Guild agreed to cooperate in the exploration of work teams on a mutually agreed upon basis.
     Finally, the Company and the Guild agreed to meet upon ratification to implement and finalize language for a bid system for days off among C-1 and C-3 employees. The system will be implemented by June 1, 1998. Sunday rotation will be maintained as operationally feasible.

   

MEMORANDUM OF AGREEMENT

June 3, 1996

 

     The June 3, 1996 New Products Memorandum and Attachments for NB-3 New Business Development Sales Representative and NB-4 New Business Development Telemarketer shall be in effect with expiration consistent with this agreement. Any agreed-to modifications shall also be in effect.
     
The February 6, 1997 Memorandum of Agreement and Attachment regarding A-4 (a) Telemarketing Salespersons shall be in effect with expiration consistent with this agreement.

   

MEMORANDUM OF UNDERSTANDING ON TWO-YEAR APPRENTICES

&
August 28, 2007 Memorandum

 

     At the Publisher’s discretion, the Company may hire a number of Two-Year Apprentices in the Editorial Department, subject to the limitations contained herein. Apprentices shall be limited to the E-3 and E-2(a) classifications and shall be paid at a rate of 80 percent of the beginning rates in their respective classifications.
      All apprenticeships shall last a maximum of two years and shall not be subject to renewal or extension. Any individual may serve only one apprenticeship. Apprentices may apply for any open regular position and the Publisher may offer regular employment to apprentices at any time during their period of employment, subject to the other terms and conditions of the existing contract between the Company and the Guild at no less than the one-year level.
      Hire date as an apprentice shall be recognized in terms of calculating future vacation accruals and determining participation in the Pension program.
      The number of apprentices shall be limited to one (1) apprentice for every ten (10) regular full-time employees or portion thereof, within the E-3 and E-2(a) classifications respectively. However, at no point shall there be more than an aggregate of ten (10) apprentices. The number of employees on the payroll in the last pay period of the previous year will determine the number of participants permitted in the Apprenticeship program. Apprentices and temporary employees shall not be considered in making this determination.
The Company is committed to a goal of improving diversity in its workforce and will endeavor to recruit and hire individuals who are representative of the community we serve.
      The Company will phase in the program as follows: No more than three (3) apprentices shall be hired in the first contract year. No more than two (2) shall be hired in the second contract year. No more than five (5) apprentices shall be hired in the third contract year. But if fewer than the authorized complement are hired in a given year, the unfilled position rolls over to the succeeding year. But if a member of the bargaining unit is laid off, no additional apprentices will be hired if five (5) or more apprentices are employed and this limitation remains in effect while any bargaining unit member is on the rehire list.
If an apprentice leaves after completing less than eighteen (18) months of his/her apprenticeship, then the Company shall be permitted to fill the departing apprentice’s slot for up to twenty-four (24) months. If the apprentice leaves after completing eighteen (18) months, then the apprenticeship shall be deemed to have lapsed.
      No apprentice shall be hired or employed while any Guild member within the Editorial Department has been discharged for economic reasons and is subject to provisions of Article XIX, Section 9 of this agreement.
      Apprentices will accrue two weeks paid vacation to be taken in each of the two years of employment. Apprentice vacation scheduling shall be exclusive of the vacation scheduling of regular Editorial Department employees.
      Apprentices must be scheduled to work night shifts and weekend shifts at least 25 percent of their apprenticeship.
      The Company will provide apprentices with bi-monthly reviews of their performance during the first year and quarterly reviews in the second year. A volunteer peer mentor(s) will be assigned to each apprentice throughout the two-year program.
       Apprentices will be covered by all provisions of the Collective Bargaining Agreement except the following: Article IV, Article IX, Article XIV, Article XIX, Article XX, and Article XXII. Article XX, Section 3 shall apply to apprentices as well as established funeral leave.
       This Memorandum of Agreement shall expire on the twenty-first day of March 2006, and will be subject to renegotiation at that time in connection with the Guild contract.

August 28, 2007Memorandum of Understanding on Two-Year Apprentices:
Rate altered to applicable new hire rate; one week paid vacation.

   
AGREEMENT ON NEGOTIATION PROPOSALS  

It is agreed that the withdrawal of any of the proposals made during the 2003 negotiations shall be without prejudice and shall not be used in any arbitration, NLRB proceeding or in any other fashion.

August 28, 2007 Addendum to the “Agreement on Negotiation Proposals”
The provisions stated above are renewed and equally apply for the 2007 negotiations with both parties reserving their rights under the Law.

   
AGREEMENT TO MEET ON TWO CIRCULATION POSITIONS   A committee will be established by the Company and the Union to negotiate the possible creation of two new job classifications and rates of pay for Circulation Kiosk Supervisor and Circulation Collection Specialist. The Guild agrees to meet with the Company on these issues no later than three months after the signing of the 2003 contract.
   

MEMORANDUM OF
AGREEMENT

May 6, 2011

AD DESIGN/
AD PRODUCTION SHARED JURISDICTION ADDENDUM

 

Between The Toledo Blade Company And
Toledo Newspaper Guild-CWA 34043 and
Detroit Typographical Union No. 18-CWA 14503 and
Graphic Communications International Union Local 27-N

1. This is an addendum to the Toledo Typographical Union Local No. 18 (“Printers”),  Engravers Union Local No. 27-N GCIU (“Engravers”) and the Toledo Newspaper Guild Local No. 34043 (“Guild”) 2011-2014 collective bargaining agreements.

2. Members o the Printers and the Engravers will continue as exclusive representatives for the respective employees each Union currently represents.

3. Any matter not specifically covered herein shall be governed by either the Guild, Printer or Engraver collective bargaining agreement.

4. Members of the Printers, Engravers and Guild can perform any and all aspects of Ad Design/Ad Production, including but not limited to creation of any ad elements for speculative, promotional or sold ads and any and all electronic ad desk work and Advertorial sections.

5. Seniority/priority rights of the members of the respective Unions for all purposes will continue to be governed by their respective collective bargaining agreements. Specifically, but without limitation, this will not alter scheduling of vacations or other time off.

6. A Committee consisting of an equal number of Management and Union members (representing the three Unions) shall be established and meet quarterly to address any issues arising out of implementation of this Addendum. Issues which the Committee is unable to resolve shall be submitted to finaland binding arbitration pursuant to the applicable collective bargaining agreement.

7. The Company shall give adequate training to any employee performing the shared Ad Design/Ad Production work described in this Addendum, and shall offer reasonable additional training to any employee who believes it necessary to perform the assignment. The Unions agree to provide on-the-job technical assistance, provided it does not involve extensive instruction on design, the basic use of software, or basic procedures.

8. It is understood that when an employee leaves the employ of The Blade from this department, that the person's replacement will belong to the same union from which the former employee departed. For example: A Guild employee will be replaced with a Guild employee, a Printer employee will be replaced with a Printer employee, and an Engraver employee will be replaced by an Engraver employee. The union representation of future hires that add to the minimum staffing described in Section 11 below shall be determined by the joint committee on the basis of skills needed for the position being created. All things being equal, the employee will go to the union with the smallest total staff.

9. It is agreed that all employees will work cooperatively within the terms of this Memorandum of Agreement to perform shared work and to eliminate conflicts.

10. All parties agree to withdrawl with prejudice any pending unfair labor paractice charges and grievances related to this consolidation.

11. The parties agree that for the term of this agreement, provided that there is enough work remaining to support it, that there shall be no fewer than two (2) Printers, two (2) Guild and four (4) Engravers performing the Ad Design/ Ad Production, as well as one Guild employee performing copy messager/print shop operator work. All of the above employees are fill-time workers. In the event that there does not exist enough work to support hiring a replacement employee, the settlement of that issue would become subject to the joint committee as outlined in Section 6 above. Reduction or elimination of the above jobs shall not be the result of future relocation of work to Pittsburg or its successor.

12. The Editorial pagination (page output to film) function will be transferred to the Editorial Depaartment. The Engravers and Printers will continue their shared responsibility for quality control of the film.

Agreement signed August 1, 2011

Addendum to Ad Design/Ad Production Shared Jurisdiction Addendum Dated November 12, 2003.

   
DIRECT MAIL MEMORANDUM OF AGREEMENT  

This Memorandum of Agreement is between the Toledo Blade Company (hereinafter called “Company”) and the Toledo Newspaper Guild (hereinafter called “Union”) on behalf of the employees covered by the collective bargaining agreement between the Company and the Union.  The Company and the Union have come to the following agreements on the creation of and pay rates for two classifications.  They are as follows:

I. Positions

A. Direct Mail Clerk(s) --- O-8 (New Classification).  Wage rate of $11.50 per hour.  Future increases are as the parties negotiate per the collective bargaining agreement.  At least one permanent, part-time employee will be hired initially.
Job duties include but are not limited to:
         
1. Takes direction from manager:
         2. Duties:
                  a. Tabbing
                  b. Sorting
                  c. Labeling
                  d. Inserting into envelopes, if necessary
                  e. Operating Postal Soft or other similar software

This position could help Supply Services Department with day-to-day mail and other duties, as assigned.

B. Direct Mail Coordinator --- The parties agree to meet again after six months to discuss whether or not this classification is needed.  If it is determined that business needs dictate that this position exist, the parties will agree upon the rate at which it will be paid. 

C. Direct Mail Sales Specialist(s) --- O-11 (New Classification).  Base salary @ $700.80 per week subject to negotiated contract increases.  Incentive compensation potential will be $3,000 per quarter as determined by revenue goal achievement.  During the first two years of this agreement, if this position does not earn, with salary plus incentive, the equivalent of at least $770.28 per week, the Company will make up the difference annually.  The Company will hire at least one permanent, full-time employee initially.
     
During the first year, incentive compensation for this position will not include revenue from direct mail sales from Owens Community College, Ken’s Flower Shops, Samsen Home furnishings, Hearth & Grill Gallery, Toledo Express Airport, affiliated BCI properties and other partnerships.
Job Duties include but are not limited to:
      
1. Work with Blade sales representatives to sell direct mail to        existing advertisers.
       2. Research with ROP representatives typical monthly and annual        spending in ROP.
       3. Make calls with ROP sales representatives.
       4. Make technical information available to entire ROP staff in        writing as well as any changes from printed card.
       5. Acquire information from clients and forward to manager as to:
                  a. Amount of pieces
                  b. Geographic area/demographics
                  c. When to be mailed
                  d. Where to be delivered
                  e. Type of pieces i.e. 4C, size, post card, trifold, etc.
                   f. If appropriate, additional needs including data base                    information, design and printing.
       6. Make sales calls to potential clients that are not now        advertising with The Blade to sell direct mail services.  Refer        contacts to Advertising sales representatives for potential
       in-paper sales.
       7. Other duties as assigned.

All direct mail advertising dollars exclusive of postage from contract advertisers will count toward DVC contract fulfillment for existing contract advertisers.

II. Rehire List/Probation -- Former Guild employees with rehire rights will be considered for these positions first, provided they have the ability to immediately qualify and perform the jobs or require minimal training. Any current employee accepting one of these new positions shall have no probationary period. Probationary period for future new employees shall be according to the collective bargaining agreement.


III. Shift Contributions -- The Company will be responsible for shift contributions in accordance with the collective bargaining agreement.
IV. Modification or Termination of this Agreement
This Memorandum of Understanding shall remain in effect unless and until it is altered through collective bargaining between the Company and the Guild.  In the event that the demand for the Direct Mail operation falls to a level at which it is not deemed sufficiently profitable, either party shall have the right, upon 30 days notice, to initiate collective bargaining on the subject of the continuation, modification or cancellation of this Memorandum of Understanding, and the effects of any such action. 

V. Unfair Labor Practice Charge -- The Union agrees to withdraw and to not refile ULP Charge 8-CA-33752 regarding direct mail.

Agreed to and Accepted on this 13th day of February 2003.

The Toledo Blade Company                  Toledo Newspaper Guild-CWA
Barbara Gessel                                     Lillian Covorrubias
Cheryl Lutz                                           Cathie Brandman

   
MEMORANDUM OF
AGREEMENT
JOB DIFFERENTIALS

December 3, 1999
 

     In the interest of clarifying the intent of language in Article VII, Section 3, it is understood that “all time spent working in a higher classification shall be considered in determining the experience level for the appropriate pay. . .” applies to individuals who are assuming the full range of responsibilities of the higher level while working on differential and are gaining the experience needed to be considered for advancement.
      As an example, the time spent by a news assistant (E-7) who receives reporter (E-3) differential but does the same limited duties, such as gathering log, would not be considered. However, a news assistant receiving differential as a reporter who covers a variety of news events and functions fully at the E-3 level would receive consideration/advancement for such time.
      The Company further agrees that Payroll, the Guild, and Human Resources will regularly monitor the weekly Differentials Report.

   

MEMORANDUM OF AGREEMENT

May 1, 2000

IT STAFF COMPENSATION FOR ON-CALL DUTY

 

     The following summarizes the agreement reached during our meeting with the Guild and IT staff members on Friday, April 28, 2000 to provide off-hour and weekend coverage for the News Department, Ad Display/Classified/Classified Pagination, and Business Programming user groups.
      One person from each of these three IT groups will be on call through a Nextel phone for a week and will be compensated $10 per day for a total of $70 per week. It is expected that staff members who are on call will answer all calls placed to the duty phone.
      A minimum of 30 minutes overtime will be paid each time a call is taken on the Nextel phone by the IT staff member on duty. Overtime pay will continue until the problem is resolved, either over the phone or by coming into The Blade. IT staff will have the authority, as appropriate, to tell callers to move to another terminal or take similar interim steps until the next business day.
      IT will give each department it supports a letter with its Nextel phone number and a list of the hours when the phone(s) can be called. It is understood that no other IT employee will be contacted at home before the Nextel number is called, and that the Nextel duty person(s) will not be called when IT staff is in the building.
      Members of each of the three IT user groups will work out the rotation among themselves as possible. They also have authorization to contact Management staff when necessary.

The IT Department will continue to try to provide all necessary training for its staff.

August 30, 2007 addendum to Memorandum of Agreement titled “IT staff compensation for On-Call Duty” dated May 1, 2000:  It is understood that “Nextel Phone” shall refer to any phone/technology that is used for the on-call duty person

   
ADVERTISING COMMISSION/ BONUS PLAN  

Territory, Real estate Sales Staff
"Base" Annual Salary $31,200

Revenue Generated as a                          Quarterly Commission of
Percentage of Goal                                    Revenue Generated
80% of Goal Step Bonus                            $1,500
90% of Goal Step Bonus                            $3,500
100% of Goal Step Bonus                          $6,000
Over 90% of Goal                                       5% of YOY increase
Over 100% of Goal                                     7% YOY increase
Over 105% of Goal                                     10% YOY increase

The financial goals for each year shall not be more than 10% over the average previous year's actual sales by that individual or territorial. All Digital Revenue will have a multiplier of 3 for the purpose of determining the step bonus. An example: Print revenue of $100,000 and Digital revenue of $5,000 will count as Print $100,000 and Digital $15,000 for a total of $115,000 towards the step bonus. The YOY % payments are based on actual revenue increases without the multiplier.

Major/National/Key/Auto Account Sales Staff
"Base" Annual Salary $41,600

Revenue Generated as a                          Quarterly Commission of
Percentage of Goal                                    Revenue Generated
80% of Goal Step Bonus                            $1,500
90% of Goal Step Bonus                            $3,500
100% of Goal Step Bonus                          $6,000
Over 90% of Goal                                       1% of YOY increase
Over 100% of Goal                                     2% YOY increase
Over 105% of Goal                                     3% YOY increase

The financial goals for each year shall not be more than 10% over the average previous year's actual sales by that individual or territorial. All Digital Revenue will have a multiplier of 2 for the purpose of determining the step bonus. An example: Print revenue of $100,000 and Digital revenue of $5,000 will count as Print $100,000 and Digital $10,000 for a total of $110,000 towards the step bonus. The YOY % payments are based on actual revenue increases without the multiplier.

Digital Account Sales Staff
"Base" Annual Salary $41,600

Revenue Generated as a                          Quarterly Commission of
Percentage of Goal                                    Revenue Generated
80% of Goal Step Bonus                            $1,500
90% of Goal Step Bonus                            $3,500
100% of Goal Step Bonus                          $6,000
Over 90% of Goal                                       5% of YOY increase
Over 100% of Goal                                     7% YOY increase
Over 105% of Goal                                     10% YOY increase

The financial goals for each year shall not be more than 30% over the average previous year's actual sales by that individual or territorial.

In the event that a digital sales staff is in place, the above incentive plan will be in effect. Until the sales staff is put in place, the existing digital sales team will continue to be paid under something similar to their current plan.

Outbound Sales Staff
"Base" Annual Salary $28,000

10% commission on Revenue 

GENERAL COMMISSION RULES

Note: Quarterly commission payouts described above will be paid out on a monthly basis, with revisions monthly to reflect progress towards quartlerly goal. Quarterly periods are: January 1 - March 31, April 1 - June 30, July 1 - September 30, and October 1 - December 31. Commissions will be paid in a timely manner and under no circumstances be paid beyond two (2) weeks after the financial close of any month.

A Team based award of 20% of base salary is earned if 110% of department goals is achieved on an annual basis. This award is paid at year end after the determination that the goal was met.

All commissions and bonuses referred to in this document are calculated based on adjusted sales (gross sales minus chargebacks). The monthly commission is paid on net total sales performance for all Blade products he/she has sold within his/her territory and which have been properly scheduled to be published in the measured sales period.  Products include, but are not limited to:  The Blade, TMC (non-subscriber product), custom publishing sales, special editions, special events, preprinted inserts, print and deliver inserts, toledoblade.com product line, coupon magazine and/or any related new product introductions. Chargebacks against revenue generated will be made only if the chargeback is due to salesperson or rating error. At Management's discretion, other bonuses may or may not be made available as part of special sales initiatives or projects.

If an account is transferred from an employee for whatever reason, the revenue shall be subtracted from the employee's goal and added to the goal of the salesperson the account was transferred to. the Company may revise accounts, territories, and categories so long as changes are objective and not for punitive or retaliatory purposes.

Sales reps will be allowed to review monthly and quarterly goals at least 45 days prior to the issuance of any goals, to allow for correction of discrepancies and adjustments based on changes in circumstances.

For holidays, vacations, and overtime, the representative shall be paid a weekly rate based on the base annual salary. Issues of coverage for approved leave time will be handled by the Process Review Committee to ensure that salespersons are not penalized. When an Outside Sales Representative is absent or on vacation his/her accounts will be serviced, as necessary, by other Sales Representatives as assigned by the absent Sales Representative’s supervisor. To be eligible for bonus, the salesperson must be employed as a salesperson in the Blade advertising department for the entire bonus period, and must actually be present and working in the role for a minimum of 67% of the bonus period, excluding holidays and vacations.

A Process Review Committee (“Committee”) will be formed and meet on a regular basis to identify and resolve all issues that impact the sales staff. These issues may include, but are not limited to goal setting, production, billing, circulation, computer systems, involuntary account territory and category transfer. The Committee will be comprised of three (3) Union and three (3) Company representatives. If a dispute should arise, the moving party shall notify the other party within 72 hours of the dispute, and a meeting of the Committee will be held promptly thereafter. The Committee will attempt to resolve all disputes concerning this section and if no resolution can be reached, the matter will be referred to the grievance and arbitration procedures as set forth in the current Labor Agreement between the Company and Union. This committee should meet no less than 4 times per year.

Key accounts, national accounts, retail accounts, and major accounts are defined per company policy but any revisions of said definitions are subject to review and revision by the Process Review Committee.

The Process Review Committee will not be avaialbe in regards to involuntary transfers made at the request of the account.

In any event, it there is a negative balance to a commission at the end of a quarter, it shall be paid back to the company by the salesperson no later than two weeks after the end of each measured quarter.

   

MEMORANDUM OF
AGREEMENT

Classified Call Center Work


August 1, 2011

 

This Memorandum of Agreement ("Agreement") is entered into between The Toledo Blade Company ("Company") and the Toledo Newspaper Guild-CWA 34043 ("Union").

NOW THEREFORE the Parties agree as follows:

1. The Company may, in its sole discretion, assign Classified Plus or a similar third party or independent contractor to handle all classified call center work, consisting of:

a. all inbound classified work, from whatever source, as well as all re-contacts, renewals, and reactivations; and
b. all re-contacts, renewals and reactivations of classified advertisers in the CJ data base.

2. The Union agrees no to file any grievances pursuant to the collective bargaining agreement and/or any charges with the National Labor Relations Board concerning the Company's assignment of such work to Classified Plus or similar third-party or independent contractor.

3. In the event that the Company chooses during the term of the collective bargaining agreement to cease permanently the assignment of call center work to outside vendor(s), the Company will reassign call center work as defined in this Agreement to the Blade bargaining unit employees.

4. The Blade shall retain two full-time classified positions in the Guild bargaining unit, one sales person and one clerk, to handle duties that will remain at The blade, including but not limited to legals and walk-in business. These position retentions are not to be considered job guarantees.

5. Eligible employees shall be allowed to bump into other positions per the terms of the current contract. Severance for the remaining employees shall be either the Guild's current severance or the voluntary buyout program negotiated with the Joint Council, whichever the employee prefers.

6. The Union agrees that the individuals who take voluntary buyout do not need to be replaced not does any individual on layoff need to be recalled, notwithstanding any provisions of the collective bargaining agreement to the contrary.

7. The Parties acknowledge that this agreement is not intended to create a precedent that changes, enlarges or diminishes the jurisdictional rights and/or obligations of the Parties.
 

   

MEMORANDUM OF
AGREEMENT

Pre-Press
Function


August 1, 2011

 

This Memorandum of Agreement ("Agreement") is entered into between The Toledo Blade Company ("Company") and the Toledo Newspaper Guild-CWA 34043 ("Union").

NOW THEREFORE the parties agree as follows:

1. The Company may, in its sole discretion, assign the Pre-Press function to the Pittsburgh Post-Gazette Pre-Press Operation or a similar third party or independent contractor, consisting of all bargaining unit work that has historically been performed by the following:

a. Advertising Services
b. Layout
c. Creative Ad Team, which includes creation and building of ads

2. The Union agrees not to file any grievances pursuant to the collective bargaining agreement and/or any charges with the National Labor Relations Board concerning the Company's assignment of such work to Pittsburgh Post-Gazette or similar third-party or independent contractor.

3. In the event that the Company chooses during the term of the collective bargaining agreement to cease permanently the assignment of the Pre-Press function to the Pittsburgh Post-Gazette of similar third party or independent contractor, the Company will reassign such Pre-Press work as defined in this Agreement to Blade bargainig unit employees.

4. The Blade shall retain two (2) positions in the Creative Ad Team and one (1) position that is the combination of A-8 Copy Messenger and 0-9a Print Shop Operator in the Guild bargaining unit. The full-time combined positions will be paid at the 0-9a rate. These position retentions are not to be considered job guarantees.

5. The layout function will be transitioned to Pittsburgh, or a similar third party or independent contractor in the future, over a period of not more than six months beginning with the ratification of this agreement.

6. The Parties acknowledge that this agreement is not intended to create a precedent that changes, enlarges or diminishes the jurisdictional rights and/or obligations of the Parties.

7. Eligible employees shall be allowed to bump into other positions per the terms of the current contract. Severance for the remaining employees shall be either the Guild's current severance or the voluntary buyout program negotiated with the Joint Council, whichever the employee prefers.

8. The Union agrees that the individuals who take voluntary buyout do not need to be replaced not does any individual on layoff need to be recalled, notwithstanding any provisions of the collective bargaining agreement to the contrary.
 

   

MEMORANDUM OF
UNDERSTANDING

WAGE RESTORATION
PROGRAM

 

1. A wage restoration program for bargaining unit employees whose hourly wages have been reduce by the settlement will be instituted based on The Toledo Blade's EBITDA in excess of $500,000 for the 12 months concluding Decemberr 31, 2013. For each $500,000 of EBITDA in excess of $500,000, 20 percent, or $100,000, will be applied to an hourly wage increase effective Jan. 1, 2014 for all unit employees whose wages have been reduced by this settlement. For example, a $1,000,000 positive EBITDA will result in a $200,000 wage restoration. The precise wage increase for classifications of employees will be worked out between the Company and the Unions.

2. EBITDA will be computed in accordance with the Company's definition of EBITDA. The Company defines EBITDA as net income (loss) before provision (credit) for income taxes, interest expense, depreciation and amortization, and other non-cash charges, gains or losses on disposition of asstes, gains or losses arising from derivative contracts, and extraordinary items. Additionally, for the express purpose of this agreement, EBITDA will be further adjusted to exclude any expenses atttributable to the TNU-Blade Pension Plan recognized in the applicable period (i.e. FAS87) and will be reduced by actual cash contributions made to the plan during the measurement period.

3. Improvements in EBITDA shall not be impacted by disproportionate increases in compensation to BCI shareholders or executive employees from The Blade's EBITDA.

4. Tom Titus of Titus & Urbanski will make an impartial evaluation of the Company's EBITDA for the 12 months concluding December 31, 2013. He will be given access to any and all necessary financial reports and records. A three party confidentiality agreement will be entered into covering this information. Fees will be split evenly between the Company and the Unions.

5. Generally Accepted Accounting Principles as reconciled to the annual Blade Division internal financial statements will be utilized to determine what constitutes EBITDA as described herein under the Wage Restoration Program.

6. Subject to a confidentiality agreement, the Company will make available its annual profit and loss statement for 2011 for inspection by the TCNU officers or their designees, and likewise for 2012.

   

ADDENDUM TO
MEMORANDUM OF
UNDERSTANDING
RE: PENSION

Effective
March 22, 2003

 

1. This Addendum is between The Toledo Blade Company (“Company”) and GCIU No. 27N-Engravers Segment, GCIU No. 27N-Paperhandlers Segment, GCIU No. 27N-Web Segment,
IBEW No. 8, Teamsters No. 20, Toledo Mailers No. 1135, Toledo Newspaper Guild-CWA 34043 and Toledo Typographical No. 18 (“Unions”). The Unions make this agreement on behalf of the employees covered by the collective bargaining agreements
between the Company and the Unions. This Addendum is effective March 22, 2003.

2. The Company and the Unions agree to recommend to the Trustees: (a) that the minimum vesting requirements for a year of vesting service be increased from 40 shifts to 125 shifts; and (b) that future pension benefit accrual rates be reduced 67.5% effective January 1, 2004. On November 5, 2003, the Trustees adopted both recommendations effective January 1, 2004.

3. The Company makes shift contributions on a monthly basis per employee per compensated shift up to a maximum of 5 shifts per week for each employee covered by a collective bargaining agreement between the Company and any of the Unions, whether or not the employee is eligible to participate in the Pension Plan.

4. The 2003 shift contribution rates, which have been in effect since September 22, 1994, are set forth below. The amount for each Union is the sum of the base contribution and any supplemental contribution applicable to that particular Union.

                                                             SHIFT               MAXIMUM FIVE
UNION                                            CONTRIBUTION   SHIFTS PER WEEK
GCIU No. 27N-Engravers                          12.220                  61.10
GCIU No. 27N- Paperhandlers                  19.696                  98.48
GCIU No. 27N-Web                                   15.694                  78.47
IBEW No. 8                                               12.342                  61.71
Teamsters No. 20                                         .070                      .35
Toledo Mailers No. 1135                           14.220                  71.10
Toledo Newspaper Guild-CWA 34043       15.440                  77.20
Detroit Typographical No. 18                      6.220                  31.10

5. The shift contribution rates set forth above applied to the number of compensable shifts in 2003 produced an annual
contribution of approximately $2,200,000. This has been used as a target amount in this Addendum in determining additional annual contributions, but is not a guaranteed base amount for future payments. Contribution rate increases are guaranteed but no gross amount is guaranteed.

6. For the year beginning January 1, 2004, the Company will increase 2003 shift contribution rates up to 26% per compensable shift not to exceed $440,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

7. For the year beginning January 1, 2005, the Company will increase 2003 shift contribution rates up to 32% per compensable shift not to exceed $550,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

8. For the year beginning January 1, 2006, the Company will increase 2003 shift contribution rates up to 58% per compensable shift not to exceed $990,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

9. For the year beginning January 1, 2007, the Company will increase 2003 shift contribution rates up to 64% per compensable shift not to exceed $1,100,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

10. For the year beginning January 1, 2008, the Company will increase 2003 shift contribution rates up to 45% per compensable shift not to exceed $725,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

11. For each succeeding year, the Company will increase 2003 shift contribution rates up to 45% per compensable shift not to exceed $725,000 in additional annual contributions. Contribution rate increases are guaranteed but no gross amount is guaranteed.

12. The Company may, at its option, pre-pay the amounts called for in paragraphs 6 through 11. Otherwise, payments will be made monthly based on the increased shift contribution rates applicable to the year in question.

13. In the event an additional minimum funding calculation is required, the parties shall meet to discuss the Pension Fund status. The Company will make contributions as required by the IRS to satisfy minimum funding obligations and to maintain the Fund’s credit balance at or above zero until January 1, 2008.

14. Automatic rollback/restoration: The Plan will be amended to provide that, if the Fund professionals determine it is prudent to rollback/restore a portion of the increased contribution rates/benefit accrual cuts set forth herein, such increased contribution rates and benefit accrual cuts will be automatically rolled back/restored at the ratio of Company actual additional annual contributions to actual employee benefit accrual cuts. For example: if as of January 1, 2008, the Company’s additional annual contributions total $3.08 million and the employees’ pension benefit accrual cuts total $15.12 million, any rollback/restoration will be at the ratio of 3.08 to 15.12 or 16.9% to 83.1%. Therefore, if the Fund professionals were to determine as if January 1, 2008 that it was prudent to rollback/restore $100,000 per year, $16,900 (16.9%) would be allocated to reduce future increases in shift contribution rates and $83,100 (83.1%) would be allocated to restore cuts in pension benefit accruals. This ratio will be calculated at the time of any rollback/restoration based on increased contributions to date and actual benefit accrual cuts to date. This provision will be in effect until the rollback/restoration is complete -- i.e. until shift contribution rates are rolled back to the 2003 shift contribution rates and pension benefit accruals are restored to the 2003 pension benefit accrual rates.

15. Payback: If rollback/restoration is complete (i.e. if the shift contributions are rolled back to the 2003 rates and the pension benefit accruals are restored to the 2003 rates), and if in the opinion of Fund professionals it becomes prudent to dispense Fund money to payback increased contributions/benefit accrual cuts provided herein, such money will be paid back to the Company for increased contributions (as an offset against future contributions) and to living current retirees (by way of pension adjustments) and to future retirees (by way of pension accrual adjustments for past service) for pension benefit cuts already incurred in accordance with the ratio method in paragraph 13. This provision will remain in effect for 20 years following the completion of rollback/restoration.

16. This Addendum shall not be interpreted to bar a future sale. The Company warrants that adjustments in the Pension reflected in this Addendum are not entered into for the purpose of reducing liabilities to facilitate a sale of The Toledo Blade or its assets.

17. This Addendum does not alter the rights and responsibilities
of the Fund Trustees.

18. Except as modified by this Addendum, the parties reaffirm
their rights and responsibilities remain as described in the Memorandum Of Understanding Re: Pension, as amended, which continues in full force and effect. Also Attached to the collective bargaining agreement is an Addendum to Memorandum of Understanding re: Pension Plan effective August 1, 2011.


   

2011
ADDENDUM TO
MEMORANDUM
OF
UNDERSTANDING
RE: PENSION

Effective
August 1, 2011

 

1. This 2011 Addendum is between The Toledo Blade Company (Company),and GCC/IBT DC3 (on behalf of the Paperhandler unit, the Web unit, and the Engraver unit), Toledo Mailers No. 1135, GCC/IBT DC3, Toledo Newspaper Guild-CWA 34043, IBEW No. 8, Teamsters No. 20 and Detroit Typographical No. 18, CWA. The Unions make this agreement on behalf of the employees covered by the collective bargaining agreement between the Company and the Unions. This 2011 Addendum is effective August 1, 2011.

2. The Company and the Unons agree to recommend to the Trustees of the Toledo Newspaper Unions-Blade Pension Fund that pension benefit accruals remain frozen until such time as the actuary's projected annual minimum contribution over and above shift contributions is $1 million or less, giving effect to the resumption of accruals on the minimum funding contribution. This recommendation does not affect vesting service which will continue to be earned by eligible employees. On August 3, 2011, the Trustees adopted this recommendation effective September 18, 2011.

3. This 2011 Addendum replaces the 2007 Adendum To Memorandum Of Undertanding Re: Pension and, in certain respects, modifies the terms of the 2003 Addendum To Memorandum Of Understanding Re: Pension. Where there is conflict between this 2011 Addendum and the 2003 Addendum, the terms of this 2011 Addendum control. Otherwise, the terms of the 2003 Addendum continue in full force and effect.

   

LETTER OF
UNDERSTANDING

7-28-11

Personal Days

 

Notwithstanding the implementation of the new labor agreement on or about Aug. 1, 2011 or the expiration of said agreement on or about May 31, 2014, it is agreed that effective Jan. 1, 2012 and continuing for the three consecutive calendar years immediately following, the provisions for vacations in Article XII and personal days in Article VIII shall be in effect. It is understood that this agreement does not include the resumption of birthday and anniversary holidays in 2011; it only applies to the two personal days.

Signed on this day, July 27, 2011.

   

LETTER OF
UNDERSTANDING

BUYOUT PLAN FOR
C-1 and LAYOUT
POSITIONS

 

The Toledo Blade Company and the Toledo Newspaper Guild-CWA, Local No. 34043, hereby agree as follows:

The "Toledo Blade Company 2011 voluntary Buyout Compensation Plan for Guild Employees" (hereinafter the "Plan"), with appropriate adjustment of dates to be worked out between the Company and the Guild, shall be made available in its entirety:

(1) to the C-1s, when C-1s are targeted for separation (i.e., at the time of the consolidation of the depots and/or the districs), and
(2) to the two layout employees who are being retained for the transitional phase (i.e., at the time the transitional phase is completed).

At the time the aforementioned C-1 positions are reduced, the displaced individuals will have the choice of either the Guild's current severance or the Plan, whichever the employee prefers.

   

MEMO

December 29,
2011

RE: Correction to
2011 Collective
Bargaining
Agreement

 

To: Debbie Riley-Jackson, President
      Toledo Newspaper Guild-CWA Local 34043

Re: Correction to 2011 Collective Bargaining Agreement

Dear President Riley-Jackson,

The Company and the Union mutually agree that the language referred to below is the correct and proper language of Article VI, Section 7(b) of the collective bargaining agreement between The Toledo Blade Company and The Toledo Newspaper Guild-CWA Local 34043:

An employee may request to be assigned to a lower classification provided that he possesses the qualifications and applies in writing. If the employee is selected, his rate of pay shall be adjusted to the lower classification.

Sincerely,
William C. Nolan
Director of Human Resources and Labor Relations
The Toledo Blade Company

Agreed and accepted this 29th day of December, 2011:

     
 
 
 
 
2005 Toledo Newspaper Guild
contact