Toledo
Newspaper Guild contract with The Toledo Blade Co.
This agreement made and entered into at Toledo, Ohio. Effective May 29, 2007 and expires May 31, 2010, 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
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.
1.
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.
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.
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 37-1/2 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 18-3/4 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.
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. 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.
Wages in effect for the 2007-2010 contract are as follows less the health care contribution required pursuant to the attached Joint Council of Newspaper Unions agreement:
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
Pre 5/29/07 Post 5/29/07
1040.55 859.07
E-1a Editorial Page Writers and Editorial Page Cartoonist:
Hired
Pre 5/29/07 Post 5/29/07
Beg 830.14 671.20
1Yr 942.63 771.64
2 Yr 1040.55 859.07
E-1b Assistant Editors:
Hired
Pre 5/29/07 Post 5/29/07
Beg. 1014.80 836.07
1 Yr 1023.94 844.23
E-2 Assistant Art Editor, News Promotion Mgr., Columbus, Washington and European Correspondents, Re-Writes, Make-Up Editor:
Hired
Pre 5/29/07 Post 5/29/07
1014.80 836.07
E-2a Copy Readers:
Hired
Pre 5/29/07 Post 5/29/07
Beg. 787.27 632.92
1 Yr 866.21 703.40
2 Yr 1014.80 836.07
E-3 Reporters, Artists, Make-Up, Photographers and Miscellaneous Writers not included in E-1 and E-2:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1Yr 725.44 577.71
2Yr 803.53 647.44
3 Yr 888.55 723.35
4 Yr 976.97 802.30
E-3a Photo Lab Technician:
Hired
Pre 5/29/07 Post 5/29/07
Beg 671.36 529.43
1 Yr 714.88 568.29
2 Yr 758.48 607.22
3 Yr 802.14 646.19
E-4 Head Librarian:
Hired
Pre 5/29/07 Post 5/29/07
976.97 802.30
E-5 Librarians:
Hired
Pre 5/29/07 Post 5/29/07
Beg 583.79 451.24
6 Mos 618.11 481.88
1 Yr 651.62 511.81
2 Yr 685.97 542.48
3 Yr 731.42 583.05
E-6 Editorial Clerks and Typists:
Hired
Pre 5/29/07 Post 5/29/07
Beg 541.79 413.74
6 Mos 576.04 444.32
1 Yr 600.04 465.75
2 Yr 635.29 497.22
3 Yr 669.62 527.87
E-7 News Assistant:
Hired
Pre 5/29/07 Post 5/29/07
Beg 583.79 451.24
6 Mos 618.11 481.88
1 Yr 651.62 511.81
2 Yr 685.97 542.48
3 Yr 731.42 583.05
ADVERTISING
A-1 Head of Art Department, Classified Sales Supervisor, General Advertising Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1040.55 859.07
A-2 Assistant Manager of Advertising Services:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1014.80 836.07
A-3 Primary compensation by Commission Plan
Rates to be used for compensation for items like: holidays, vacations, overtime, sick leave, etc. will be the E-3 rate. 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:
A-5 Primary compensation by Commission Plan
Rates to be used for compensation for items like: holidays, vacations, overtime, sick leave, etc. will be the E-5 rate. This is defined in the Advertising Commission/Bonus Plan
Classified Salespersons:
A-6 Classified Telephone Manager:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 789.31 634.74
A-7 Classified Inside Sales Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 738.04 588.96
A-8 Copy Messengers:
Hired
Pre 5/29/07 Post 5/29/07
Beg 538.27 410.60
6 Mos 558.01 428.22
A-9 Copy Clerks:
Hired
Pre 5/29/07 Post 5/29/07
Beg 575.22 443.59
6 Mos 592.37 458.90
1 Yr 612.08 476.50
2 Yr 637.88 499.54
3 Yr 669.62 527.87
A-9a Service Clerks:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 684.22 540.92
A-10 Copy Control Clerk:
Hired
Pre 5/29/07 Post 5/29/07
Beg 541.79 413.74
6 Mos 576.60 444.82
1 Yr 609.90 474.56
2 Yr 643.23 504.32
3 Yr 685.01 541.62
A-10a Classified Clerks:
Hired
Pre 5/29/07 Post 5/29/07
Beg 541.79 413.74
6 Mos 576.04 444.32
1 Yr 600.04 465.75
2 Yr 635.29 497.22
3 Yr 669.62 527.87
A-10b Classified Mail Clerk:
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
Pre 5/29/07 Post 5/29/07
Beg 610.42 475.02
6 Mos 643.89 504.90
1 Yr 674.77 532.47
2 Yr 697.14 552.44
3 Yr 729.71 581.53
O-2 Head Cashier, Ass’t Business Office Manager, Assistant Credit Manager:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 914.30 746.34
O-3 Cashiers:
Hired
Pre 5/29/07 Post 5/29/07
Beg 575.22 443.59
1 Yr 618.11 481.88
2 Yr 666.17 524.80
3 Yr 713.41 566.98
4 Yr 763.20 611.43
O-4 Payroll Department Supervisor, Supply Services Center Manager, Circulation Retention Supervisor, Circulation Systems Supervisor, Accounting Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 823.32 665.11
O-5 Copy Runners and Messengers:
Hired
Pre 5/29/07 Post 5/29/07
Beg 538.27 410.60
6 Mos 558.01 428.22
O-7 Stenographers and Secretaries:
Hired
Pre 5/29/07 Post 5/29/07
Beg 564.01 433.58
6 Mos 585.50 452.77
1 Yr 610.42 475.02
2 Yr 643.89 504.90
3 Yr 689.37 545.51
O-9 Bookkeepers, System Support Specialists:
Hired
Pre 5/29/07 Post 5/29/07
Beg 585.50 452.77
6 Mos 624.11 487.24
1 Yr 674.77 532.47
2 Yr 734.04 585.39
3 Yr 795.85 640.58
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
Pre 5/29/07 Post 5/29/07
Beg 572.61 441.26
6 Mos 593.21 459.65
1 Yr 613.82 478.06
2 Yr 655.04 514.86
3 Yr 706.58 560.87
4 Yr 758.09 606.87
O-10 General Clerks:
Hired
Pre 5/29/07 Post 5/29/07
Beg 541.79 413.74
6 Mos 576.04 444.32
1 Yr 600.04 465.75
2 Yr 635.29 497.22
3 Yr 669.62 527.87
O-10a Data Entry Operator:
Hired
Pre 5/29/07 Post 5/29/07
Beg 621.53 484.94
6 Mos 653.46 513.44
1 Yr 685.33 541.91
O-10b Computer Operator:
Hired
Pre 5/29/07 Post 5/29/07
Beg 717.35 570.50
1 Yr 749.27 599.00
2 Yr 781.22 627.52
3 Yr 813.14 656.02
O-10c Programmer-Analyst:
Hired
Pre 5/29/07 Post 5/29/07
Beg 749.27 599.00
1 Yr 781.22 627.52
2 Yr 813.14 656.02
3 Yr 861.06 698.81
4 Yr 924.97 755.87
O-10d Systems Analyst:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1 Yr 725.44 577.71
2 Yr 803.53 647.44
3 Yr 888.55 723.35
4 Yr 976.97 802.30
O-10e Systems Coordinator:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1 Yr 725.44 577.71
2 Yr 803.53 647.44
3 Yr 888.55 723.35
O-10g Programming Supervisor, Operations Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 976.97 802.30
O-12 Purchasing Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 888.45 723.26
MARKETING/DIGITAL MEDIA
M-1 Head of Art Departments, Head of Creative Services, Database and Research Coordinator, Marketing Manager, Digital Media Production Lead:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1040.55 859.07
M-2 Assistant Art Director, Assistant to Marketing Director, Senior Digital Media Producer:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1014.80 836.07
M-3 Artists, Copywriters, Digital Media Producer, Marketing Coordinator:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1 Yr 725.44 577.71
2 Yr 803.53 647.44
3 Yr 888.55 723.35
4 Yr 976.97 802.30
M-4 Marketing Researcher, Marketing Representative:
Hired
Pre 5/29/07 Post 5/29/07
Beg 680.80 537.86
1 Yr 732.02 583.59
2 Yr 783.24 629.33
3 Yr 834.53 675.11
4 Yr 888.45 723.26
M-5 Public Service Representative:
Hired
Pre 5/29/07 Post 5/29/07
Beg 577.75 445.85
6 Mos 596.66 462.74
1 Yr 625.82 488.77
2 Yr 674.77 532.47
M-6 Receptionist:
Hired
Pre 5/29/07 Post 5/29/07
Beg 541.79 413.74
6 Mos 576.04 444.32
1 Yr 600.04 465.75
2 Yr 635.29 497.22
3 Yr 669.62 527.87
CIRCULATION
C-1 Regional Supervisor, Senior District Manager:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1040.55 859.07
C-2 Street Sales Manager:
Hired
Pre 5/29/07 Post 5/29/07
Not less than 1004.47 826.85
C-3 District Manager, Traveling Representatives:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1 Yr 725.44 577.71
2 Yr 803.53 647.44
3 Yr 888.55 723.35
4 Yr 976.97 802.30
C-3a Swing District Managers:
Hired
Pre 5/29/07 Post 5/29/07
Beg 595.84 462.00
6 Mos 626.74 489.59
1 Yr 659.34 518.69
2 Yr 720.31 573.14
3 Yr 797.56 642.11
4 Yr 870.51 707.24
C-3b Newspaper in Education Coordinator:
Hired
Pre 5/29/07 Post 5/29/07
Beg 667.07 525.60
6 Mos 697.14 552.44
1 Yr 725.44 577.71
2 Yr 803.53 647.44
3 Yr 888.55 723.35
4 Yr 976.97 802.30
C-4 Newsstand Collectors:
Hired
Pre 5/29/07 Post 5/29/07
Beg 592.37 458.90
6 Mos 617.29 481.15
1 Yr 645.59 506.42
2 Yr 689.37 545.51
3 Yr 740.93 591.55
4 Yr 828.44 669.68
C-5 Street Sales Supervisor, Kiosk Supervisor:
Hired
Pre 5/29/07 Post 5/29/07
Beg 564.01 433.58
6 Mos 606.10 471.16
1 Yr 621.64 485.04
2 Yr 689.37 545.41
3 Yr 731.42 583.05
4 Yr 786.39 632.13
C-6 Rack Sales Distributor:
Hired
Pre 5/29/07 Post 5/29/07
Beg 538.27 410.60
6 Mos 576.04 444.32
1 Yr 618.11 481.88
2 Yr 660.14 519.41
3 Yr 702.23 556.99
C-7 Supply Services Center Clerk, Customer Service Representative:
Hired
Pre 5/29/07 Post 5/29/07
Beg 538.25 410.58
6 Mos 558.69 428.83
1 Yr 584.32 451.72
2 Yr 610.42 475.02
3 Yr 620.80 484.28
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 58 MOU 12-3-99).
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. All employees, when promoted to a classification providing a higher minimum, shall receive the next highest salary step-up in that classification. The experience anniversary date will be that upon which the promotion to such new salary bracket began.
5. 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.
6. 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.
7. Any employee whose posted schedule requires him or her to work between the hours of 7 p.m. and 7 a.m. shall receive $6.00 per day added to his or her weekly salary up to a maximum of five shifts per week. There shall be no deduction of night differential from sick leave, vacation or holiday pay, provided the employee works such shifts regularly. If in any 12-week period immediately preceding such absences, an employee works a night shift schedule at least 50 per cent of the weeks, he or she shall be entitled to night differential on the same basis as he or she would be paid if on the job.
8. 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.
9. There shall be no reduction in salaries. An employee assigned to a lower classification by action of the Company shall receive no reduction in salary and shall receive future contract increases in the same amount as that of the top minimum of the assigned classification.
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.
10. 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.
11. All differentials above top minimums shall be maintained.
12. Payment of salary shall be made weekly in United States currency or by check.
13. Any artist doing pre-sale layouts for advertisements which are subsequently sold and which result in a bonus for an advertising salesman shall receive a bonus equal in amount to the bonus paid the advertising salesman.
14. 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.
15. Advancement of rack sales employees shall be based on 1500 hours worked as equivalent to one year and shall be calculated from the employee’s last pay increase.
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.
(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 work outside the terms identified within their individual tri-partite agreements.
(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 8 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 1 (a) and 1 (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 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.
2. 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.
3. The Company shall pay for all overtime beyond 8 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.
4. 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.
5. 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 may elect to work four and eight tenths (4.8) hours and receive eight (8) hours’ pay, at straight time, or work a full day at the overtime rate.
6. The Company shall cause a record of all overtime to be kept. Such records shall be made available to the Guild upon written request.
7. 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.
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 days’ 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.
Notwithstanding the expiration of the Labor Agreement May 31, 2010, effective January 1, 2008 and continuing for the three consecutive calendar years immediately following the provisions for anniversary of date of hire and birthday provided for in section 5 of this Article VIII will be suspended for employees hired before May 29, 2007. Effective May 29, 2007 employees hired on or after May 29, 2007 will be ineligible for Section 5 and section 6 birthday, anniversary of date of hire and personal days.
5. In addition to the above, the anniversary of a regular full-time employee’s date of hire and, for an employee with more than one year of service on date of his birthday, said anniversary of date of hire and birthday shall be observed in accordance with the following:
(a) Employee may be given day off with pay in the week preceding, the week of, or the week following the employee’s birthday or anniversary of date of hire.
(b) When requested by the employee, this day off with pay may precede or follow one of the employee’s regularly scheduled off days; however, designation of day-off shall be made by the office.
(c) At the option of the Company, pay in lieu of day-off may be made. In such cases, pay in lieu of day-off shall not serve to make what would otherwise be a straight time day during the work week into an overtime day.
6. Each regular full-time employee with one (1) full year of service shall be granted two (2) personal days off with pay consistent when reasonable notice is given to the Company. Part-time employees with one full year of service shall be eligible for the personal holidays on a prorated basis.
7. 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.
The following Severance provisions will be suspended as to discharges for reasons of economy only while the provisions of The Joint Council Settlement Job Reduction, Buyout Program and Layoff with Severance Program are in effect but will otherwise remain in full force and effect. Thereafter the severance provisions of this Article IX will again be in effect as to all circumstances provided in Article IX including discharges for reasons of economy. Employees qualifying for severance under this Article IX due to a Reduction in Force also will be eligible to choose, at time of discharge, to receive one (1) of the following additional benefits; a) Twelve months of Company paid health and welfare basic contribution providing basic healthcare benefits to an affected employee based on the coverage, single or family, the employee had at the time of lay off or; b) Three hundred dollars ($300.00) per month for 12 months in supplemental severance. This is a one time selection and cannot be changed once the benefit selected has commenced.
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, inclusive of night differential, 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 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 Health and Welfare Plan for employees of the Company who are covered by this collective bargaining agreement. Also attached to this collective bargaining agreement is an Addendum to Memorandum of Understanding re: Welfare Plan, effective May 29, 2007.
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.
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.
1. Sick leave, with full pay, will be granted to employees covered by this Agreement in accordance with the practice of the Company. For the period the sick or disabled employee is continued on the payroll, the Company may deduct the amount received by the employee under the Workmen’s Compensation Act, and/or the amount of liability benefits received from any insurance policy provided directly by the Company. The Company may require a certificate from the attending physician, or any physician of the Company, during any period of illness or disability.
Actual disability due to pregnancy will qualify as sick leave in the same manner as any other.
2) No deduction shall be made for sick leave from overtime or vacation credited or to be credited to the employee.
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.
ARTICLE
XV
ADJUSTMENT of DISPUTES
1. The Guild shall designate a committee of its own choosing to take up with the Publisheror his authorized agent any matter arising from the application of this Agreement or affecting the relations of employees and the Publisher.
2. The Publisheror his authorized agent agrees to meet with the Guild grievance committee within five days after a request for such a meeting. Efforts to adjust grievances shall be made on Company time.
3. Any matter involving application of this Agreement not satisfactorily settled within 30 days of its first consideration may be submitted to final and binding arbitration by either party. Such 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.
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 forty-eight and one half cents ($.485) 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. Permanent district managers, swing district managers, traveling representatives, newsstand collectors, the street sale supervisor, advertising sales representatives, regional bureau reporters, and photographers who use their own vehicles shall be guaranteed an annual mileage reimbursement of no less than the equivalent of 15,000 miles in calendar year 1998; 14,000 miles in calendar year 1999; 13,000 miles in calendar year 2000; 12,000 miles in calendar year 2001; and 11,000 miles in calendar year 2002. Adjustments required for miles less than the guarantee shall be computed on an annual basis. Effective January 1, 2003 and thereafter, any mileage guarantee is discontinued. On January 1, 2003, a $2,000 lump sum cash payment shall be made to each employee who drove less than 15,000 miles in 2002. Likewise, a $1,000 lump sum cash payment shall be made to each employee who drove more than 15,000 miles in 2002.
4.Ownership of or access to a vehicle shall not be a condition of employment except for photographers, outside circulation and outside advertising personnel.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
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.
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. Reporters shall not be assigned as photographers, nor photographers as reporters, except in special cases, by mutual agreement between the Company and the Guild. Photographers shall furnish the customary identification of photos.
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.
[The following provisions in sections 6 through 9 regarding reduction in force, discharge for reasons of economy, are suspended while the provisions of The Joint Council Settlement Job Reduction, Buyout Program and Layoff with Severance Program (“Job Reduction Program”) are in effect and to the extent they apply to the positions identified jointly by the Union and Company. During the period that the Job Reduction Program is in effect reductions will be made in accordance with that program’s requirements. Thereafter discharge for reasons of economy provisions of this Article XIX will again be in effect.]
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 eventdischarges 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 classificationor 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.
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.
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 uponage, 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.
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.
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.
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.
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.
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.
1. This Agreement shall commence on the 29th day of May 2007, and expire on the 31st day of May, 2010.
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 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 29th day May, 2007 and signed by the parties herein on the 30th day of August, 2007.
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.
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.
If the Company wishes to assign a news assistant to work in an area not clearly permissible in the language that follows, the Guild will be consulted and no such assignment will be made until there is agreement between the Guild and the Company on the matter.
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 will not:
Write news stories.
Be expected to exercise news judgment.
Be subject to criticism or discipline for missing a news angle while compiling routine listings.
Produce any copy in a form for use in The Blade except as specifically provided herein.
The news assistant may:
Compile routine tabular material and lists.
Fill out forms.
Compile sports scores.
Obtain information for use in answering readers’ queries.
Receive and route telephone calls to appropriate reporters and editors.
Open, sort and distribute mail.
Take straight dictation from a reporter or news source.
To facilitate training of News Assistants to become reporters and to increase opportunities for promotion, they may under direct supervision of an editor, write brief items from news releases (hand-outs) received in the Blade office which will be checked by an editor. (News assistants will not be permitted to contact news sources by telephone.)
MEMORANDUM
OF UNDERSTANDING
MAY 22, 1989
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.
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.
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.
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
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, 2007 “Memorandum of Understanding on Two-Year Apprentices: Rate altered to applicable new hire rate; one week paid vacation.
It is agreed that the withdrawal of any of the proposals made during the 2003negotiations 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.
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.
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.
AD DESIGN/AD
PRODUCTION SHARED JURISDICTION ADDENDUM
1. This is an addendum to the Toledo Typographical Union Local No. 63 (“Printers”), Engravers Union Local No. 27-N GCIU (“Engravers”) and the Toledo Newspaper Guild Local No. 34043 (“Guild”) 2003-2006 collective bargaining agreements.
2. The Guild, 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 will perform “shared Ad Design/Ad Production work,” which is defined as the assembly of advertisements which utilize previously prepared artwork and which do not require any of the following: (1) the creation of original artwork or original format, (2) more than basic design, or (3) significant artistic oversight or redesigning. Shared Ad Design/Ad Production work does include electronic ad desk.
5. Shared Ad Design/Ad Production does not include any of the other work done by members of the respective Unions, such as plate work or Ad Desk. Further, certain work performed by the Guild will be maintained as exclusive Guild work. This work includes but is not limited to Copy Writing, Artists’ work involving product conceptualization, artistic work and Design work currently performed by the Guild (for example, but not limited to, magazines, the Home Builders Association program, and other special publications or events of this type). The Guild shall also exclusively perform the work involved with direct mail, campaigns and partnerships and Marketing/Promotional materials for events, News, Circulation, Advertising, Inside the Blade, contests, flyers, rack cards, client/partner materials, and posters. But the parties understand that this does not provide exclusivity for pickup work that falls within the definition of shared Ad Design/Ad Production work in paragraph 1 above.
6. 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.
7. Except as provided in this Addendum, this Addendum does not affect or alter the provisions in the collective bargaining agreements pertaining to employment guarantees, job security and layoffs governing the rights and duties of the Unions and the Company. Further, no member of the three Unions will be laid off, lowered in pay or reduced in hours during the term of this Addendum as a direct or indirect result of this Addendum.
8. As consideration for the Guild’s release of jurisdiction which has contributed to the shared Ad Design/Ad Production pool of work, the following individuals shall be guaranteed not to be laid off before March 22, 2006:
Patti Hoag
Lynne Rupley
Steve Conine
Sara Welborn
Phil Long
Terri Parker
April Spangler
Brett Guthrie
Neilah Kirschner
Mary Reid or Jennifer Peeler (whoever is filling their A-9 position)
Donna Prusakiewicz
Lorri McKenty
If a vacancy on the above list is created by discharge or disability, said vacancy shall be filled with a Guild hire.
In addition, in the event one of the listed employees whose work falls predominantly into the areas defined in paragraph 5 leaves employment of the Blade for any other reason, that position will be replaced by a Guild hire, if the position is filled.
9. 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 the implementation of this Addendum. Issues which the Committee is unable to resolve shall be submitted to final and binding arbitration pursuant to the applicable collective bargaining agreement.
10. 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.
11. Additional hires coming into this shared Ad Design/Ad Production jurisdictional area as a result of growth in the amount of shared Ad Design/Ad Production work will come through the Printers union. except that the first hire shall be an Engraver as agreed to as part of the negotiations with the Printers and Engravers locals.
12. 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.
13. All parties agree to withdraw with prejudice any pending unfair labor practice charges and grievances related to this consolidation.
______________________________ __________________________________
Engravers Company
Agreement signed Nov. 12, 2003
August 28, 2007 Addendum to Ad Design/Ad Production Shared Jurisdiction Addendum Dated November 12, 2003:
The parties hereby renew and continue the “Ad Design/Ad Production Shared Jurisdiction Addendum dated November 12, 2003,” as of May 29, 2007 except for changes to said Addendum caused by attrition or by the expiration of specified dates; and the parties further agree that the layoff provisions and reduction implemented in the May 29, 2007 contract are not events occurring “ as a direct or indirect result of this Addendum” as stated in the last sentence of Paragraph seven. The Guild acknowledges that, in the 2007 negotiations, the Printers and Engravers signed an amended version of the above agreement, the terms of which do not affect the Guild.
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:
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
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.
ADDENDUM 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.
THE TOLEDO BLADE AND THE TOLEDO NEWSPAPER GUILD-CWA LOCAL 34043
ADVERTISING COMMISSION/ BONUS PLAN
Part 1: Compensation
Breakdown
Salespeople’s entire compensation will be a monthly commission or combination of weekly base salary and monthly bonus. At management’s discretion, other bonuses may or may not be made available as part of special sales initiatives or projects. A schedule of proposed commission programs is attached at the end of this document.
At an employee’s request, a draw against commission will be provided to balance income during the month. A set amount as set forth in the attached weekly draw schedule can be paid on each pay period during the calendar month. These draws against commission will then be deducted from total commission earned for the month, and a commission check issued for that difference. Should the draws for the month exceed earned commission,, the salesperson will owe the difference back to the company. Arrangements may be made for the salesperson to either return the difference to the company at that time, or to reduce draws for the next calendar month. In any event, if 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. Disputes regarding the draws of commission shall be subject to review by the process review committee.
Part 2: Monthly commission
Salespeople will receive a monthly commission based on sales performance. All commissions and bonuses referred to in this document are calculated based on adjusted sales (gross sales minus charge backs). 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 bepublished 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. Charge backs against revenue generated will be made only if the chargeback is due to salesperson or rating error.
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. For the first 12 months this plan is in effect, current inside sales will make no less than $36,000, and current outside sales shall make not less than $50,000. For the second 12 months this plan is in effect, current inside sales will make no less than $25,000, and current outside sales shall make not less than $30,000.
Part 3: Territory Alignment
A list of all accounts and revenue from current territories and categories assigned to individual salesperson will be generated using January 1, 2005 to December 31, 2006 for the purpose of creating a revenue ‘base’. All current salespersons will have their territories adjusted through account transfer or geographic reassignment for the purpose of equalizing all territories to achieve base year annual revenues of at least $400,000 in retail and real estate territories and $500,000 in outside classified automotivesales territories and categories. Accounts, categories and territories will remain in effect for a minimum of one calendar year. After the plan is in effect, the Company may revise accounts, territories, and categories so long as the changes are objective and not for punitive or retaliatory purposes.
Part 4: Holidays, Vacation,
Sick Leave
For purposes of establishing a weekly income for Retail, National and Classified Automotive Outside Sales holidays, vacations, overtime and sick leave, the pays shall be determined as the E-3 scale per the contract. Issues of coverage for approved leave time will be handled by the Process Review Committee to ensure that salespersons are not penalized. Weekly income for inside voluntary and inside contract sales representative shall be determined as the E-5 scale per the contract.
Vacation and absence due to Sick Leave will be paid per diem as provided above with commission on sales during such time of absence also being paid. When an Outside Sales Representative is absent or on Vacation their accounts will be serviced, as necessary, by other Sales Representative as assigned by the absent Sales Representative’s supervisor.
For Salespeople who are covered by the provision of this Plan overtime will be distributed and administered under the provisions of the Collective Bargaining Agreement, Article VIII, Hours and Overtime with compensation based on the applicable scale as provided above in this Part 4.
Part 5: Medical and Pension
The company will make shift contributions, not to exceed five per week, to the Health and Welfare Trust as set forth in the separate Memorandum of Understanding on behalf of salespersons. The company will make shift contributions, not to exceed five per week, to the Pension Trust on behalf of covered salespeople and recommend, along with the union, that the Trustees adopt a wage base equal to the amount as determined in Part 4.
A 100% Commissioned Sales Representative’s “gross” sales revenues generated each and every month shall, prior to computing such Sales Representative’s commissions under the Advertising Commission/Bonus Plan, be reduced by the exact amount of sales revenues (“excluded” sales revenue) which would, when multiplied by the applicable commission percentage, otherwise produce a commission amount equal to 22.5% of the monthly total of the then current basic Health and Welfare shift contributions required for such Sales Representative. An amount equal to (a) the Sales Representative’s applicable commission percentage, multiplied by (b) the employee’s “excluded” sales revenue shall be allocated by the Company and applied to satisfy that employee’s share of monthly Health & Welfare Plan contributions, in accordance with the intent and understanding under the Memorandum of Agreement. Notwithstanding anything to the contrary, the Sales Representative shall be entitled to payment each month of a monthly commission based only upon the employee’s “net” sales revenue generated for the particular month.
Part 6: Process Review Committee
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
The process review committee will not be available in regard to involuntary transfers for: (1) all salespeople hired after May 29, 2007 or (2) involuntary transfers made at the request of the account.
Stipulations: management determines applicable revenue, subject to Guild verification with all confidentiality maintained. To be eligible for bonus, salesperson must be employed as a salesperson in The Blade advertising department for entire bonus period, and must actually be present and working in the role for a minimum of 50% of commission/bonus period excluding all approved leaves or absences. In cases of a transfer within Block Communications, or a reassignment of duties, bonus may be prorated at management discretion. Quarterly periods are: January 1- March 31, April 1- June 30, July 1- September 30, October 1- December 31.
ADVERTISING COMMISSION/ BONUS PLAN
RETAIL, NATIONAL AND CLASSIFIED OUTSIDE SALES EARNINGS SCHEDULES
National/Major/Key Account Reps:
Base year annual salary $50,800
Commission plan:
% of goal
Monthly
90%
$ 250
95%
$ 540
100%
$ 835
105%
$1,125
110%
$1,585
Retail Territory and Classified Real Estate Reps: Pct.
Base year annual sales $0 to $250,000 11%
Base year annual sales $250,000 to $500,000 8.5%
Base year annual sales > $500,000 5%
Classified Automotive Outside Sales RepsPct.
Base year annual sales $0 to $500,000 6%
Base year annual sales $500,000 to $750,000 5%
Base year annual sales $750,000 to $1,000,000 4%
Base year annual sales $1,000,000 to $2,000,000 3%
All Classified InsideSales Reps : A-5 wages will be reduced by 16% immediately; phase in to 20% total in second year.
Weekly Base Salary (effective immediately) (effective after one year)
Beginner $476.09 $453.42
6 mos. $518.08 $493.41
1 year $560.08 $533.41
2 year $602.56 $573.86
3 year $645.88 $615.13
Monthly Bonus Opportunities –
GROUP REVENUE GOAL: September, 2007; October 2007 and so on…
Year over Year monthly revenue by expiration date from all classified inside sales reps plus Web Order Entry (Excludes Legals, Celebrations, Travel, Obits and Churches).
Revenue Bonus {paid on GROUP REVENUE GOAL revenue goal}
Pct. Bonus Pd
90% $250
95% $350
100% $500
105% $600
110% $700
TELEPHONE ACTIVITY:
Incentive Paid
1
Representative Logged in 30% or more of assigned time
2
Average ‘Unavailable ‘ Time when Logged in less than 5%
3
45 seconds or less wrap up time per call
Attain 1 of 3 above goals
$100
Attain 2 of 3 above goals
$300
Attain 3 of 3 above goals
$500
SPECIAL PRODUCT SALES:
Rep Performance Goal Product Sales
Incentive Paid
1
Pets On Line
Monster Call Products
Featured Video
2.5% of Revenue sold
(Online portion of revenue only)
WEEKLY DRAW SCHEDULES FOR SALES REPRESENTATIVES ON 100% COMMISSION
First year weekly Draw: to equal 1/52 of annual guarantee per week less the then current H&W employee share as provided in Part 2 and Part 5 of this Plan.
Outside Sales: $50,000/52 = Weekly draw of $961.54 (less $41.65 H&W as of September 1, 2007)*
Second year and after
Territory under $1,000,000 $ 775
Territory $1,000,000 to $1,500,000 $ 875
Territory over $1,500,000 $ 975
Draw at above level or no draw.
*H&W deduction may change quarterly as in the Memorandum of Understanding regarding the Health and Welfare Plan
ADDENUM TO MEMORANDUM OF UNDERSTANDING RE: WELFARE PLAN
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, Teamsters No. 20, Toledo Mailers No. 1135, Toledo Newspaper Guild-CWA No. 34043 and Toledo Typographical No. 63 ( “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 amends paragraph 6 of the Memorandum of Understanding Re: Welfare Plan, as amended. This Addendum is effective May 29, 2007.
2. “Basic shift contribution” is the contribution for basic health care benefits common among the Unions such as medical insurance, prescription drug coverage, dental care, vision care, trust administration, etc. “Supplemental shift contribution” is the contribution for other benefits that differ between the Unions, such as life insurance, bereavement or disability. “Required reserves” are reserves calculated pursuant to the Reserve Model adopted by the Trustees on August 5, 1993. “Maintenance of Benefits and Reserves” (“MOBR”) means maintenance of the current basic health care benefits and benefit levels and maintenance of the required reserves.
3. BeginningJune 3, 2007, the Company will make basic shift contributions and supplemental shift contributions, as determined quarterly by the Welfare Fund consultants, on a monthly basis for each employee covered by a collective bargaining agreement between the Company and any of the above referenced Unions, whether or not the employee is eligible to participate in the Welfare Plan, for all shifts worked up to a maximum of five (5) shifts per week per employee. The Company will be responsible for 77.5% of the then current basic shift contributions and 100% of the supplemental shift contribution. Each employee will be responsible, by wage rate reductions, for the remaining 22.5% of the then current basic shift contributions as determined quarterly by the Welfare Fund consultants.
UNION
BASIC SHIFT CONTRIBUTION
SUPPLEMENTAL SHIFT CONTRIBUTION
MAXIMUM FIVE SHIFTS PER WEEK
GCIU No. 27N-Engravers
2.83
GCIU No. 27N-Paperhandlers
2.83
GCIU No. 27N-Web
2.83
IBEW No. 8
2.386
Teamsters No. 20
2.534
Toledo Mailers No. 1135
2.83
Toledo Newspaper Guild No. 34043
0.386
Toledo Typographical No. 63
2.716
4. Quarterlyadjustments in shift contributions: On or about October 1, 2007 and every 3 months thereafter, the Welfare Fund consultants will project the amount of any necessary increaseordecrease in basic shift contributions for MOBR during the following 3 month period. The Company and each employee will be responsible for the payment of the then current quarterly adjusted basic and supplemental shift contributions in the same manner and percentages as provided above in sub section 3 of this Addendum To Memorandum of Understanding Re: Welfare Plan. The basic shift contribution rate established as of the last threemonth adjustment on or about April 1, 2010 will continue in the future unless the parties agree otherwise.
5. The above referenced Unions and the Blade agree that, in exchange for the Blade’s agreement to pay the total basic shift contribution per shift (or proportional fraction thereof for a partial shift) per employee to the Health and Welfare Fund (the “Fund”), thebasic wage rate of eachemployee in the above referenced bargaining units will be adjusted downward in anamount equal to22.5 %of the then current basic shift contributions for each compensated shift, with proportionately reduced downward adjustments for less than full shifts worked. It is understood that the 22.5 % of basic shift contributions may be adjusted quarterly up or down depending on the Welfare Fund consultant’s projections. In turn each employee’s basic wage rate will be correspondently adjusted to equal the required employee payment of 22.5 % of the then current quarterly basic shift contribution. The 22.5 % employee wage reduction as herein provided will be hereinafter referred to as the “amount.” The following terms and conditions shall apply to the application of the amount:
a. The amount will be paid by the Blade to the Fund as an additional contribution on behalf of the above referenced unit employees for health care benefits and thus is intended to be non-taxable;
b. Overtime premium rates now in effect will be increased from the one and one half and/or double time rate to a rate that when applied to the reduced base wage will yield overtime pay equal to that which would have been in effect prior to the wage and benefits reallocation herein provided;
c. The parties agree to jointly recommend to the Pension Fund Trustees that in calculating pension benefits for herein referenced unit employees retired on and after May 29, 2007 that they should upwardly adjust the benefit accrual rate, when the accrual rate is restored within the term of this labor agreement, to produce the same benefit accrual that the retired employee would have earned under the Pension Fund before the downward adjustment to the basic wage rate herein provided;
d. The amount will be paid only on straight time shifts, and on no more than five (5) straight time shifts per week;
e. To the extent permitted under applicable law, the Company will report the amount for tax purposes consistent with the intent of the parties as set forth in section 5 (a) above.
6. This Addendum does not alter the rights and responsibilities of the Fund Trustees including their rights and responsibilities to consider and adopt prudent cost containment measures (e.g. second surgical opinions) that do not materially diminish existing benefits and benefit level. While it is intended that the benefits and benefit levels will be maintained the parties may, by mutual agreement, recommend benefit or benefit level changes to the Fund Trustees. Moreover the Unions and Company agree that a different Health and Welfare program may be adopted by the parties provided mutual agreement is reached by the Unions and the Company on a different Health and Welfare program.
7. Except as modified by this Addendum, the parties reaffirm their rights and responsibilities remain as described in the Memorandum Of Understanding Re: Welfare, as amended, which continues in full force and effect.
Toledo Blade Company
By:___________________________ Date:______________________________
