| Preamble | XVI. | Part-time Employees | |
| I. | Guild Shop and Dues Check-Off | XVII. | Minimum Salaries |
| II. | Coverage | XVIII. | General Wage Provisions |
| III. | Hiring | XIX. | Expenses |
| IV. | Information | XX. | Management Rights |
| V. | Grievance and Arbitration Procedure | XXI. | No Strikes |
| VI. | Security / Seniority / Layoff | XXII. | Transfers, Vacancies and Promotions |
| VII. | Severance | XXIII. | Miscellaneous |
| VIII. | Retirement / 401(k) | XXIV. | Parking |
| IX. | Hours and Overtime | XXV. | Health Benefits |
| X. | Bereavement Leave | XXVI. | Life Insurance |
| XI. | Holidays | XXVII. | Flexible Spending Accounts |
| XII. | Vacations | XXVIII. | Long-Term Disability |
| XIII. | Sick Leave | XXIX. | Computer Usage |
| XIV. | Leaves of Absence / FMLA / Jury Duty | XXX. | Drug and Alcohol Policy |
| XV. | Military Service | XXXI. | Duration and Renewal |
This Agreement is made this 1st day of January, 2011 between The Bakersfield Californian, a corporation, hereinafter known as the "Employer," and the Bakersfield Newspaper Guild, hereinafter known as the "Guild," for itself and on behalf of all employees of the Employer described in Article II.
Section 1. The Employer shall require as condition of employment of current employees who are members of the Guild and those employees hired after the effective date of this agreement that they be and remain a member of the Guild in good standing no later than the thirtieth (30th) day following the date of hire. Employees who are covered by this contract shall have two (2) five-day working periods every year commencing on the first Monday in March and the first working Monday in September (not Labor Day week) to elect to withdraw from the Guild. If said employee withdraws from the Guild, membership in the Guild shall not be a condition of employment.
Section 2. For all employees who maintain membership in the Guild, the employer shall deduct from their salary, on the same basis as employees are paid, dues amounts as authorized by the employee. Dues so collected will be payable to the Guild monthly. Upon an employee's voluntary written assignment, the employer shall deduct bi-weekly from earnings of such employee and pay to the Guild not later than the tenth (10th) day each month, all Guild membership dues. Such membership dues shall be deducted from the employee's earnings in accordance with the Guild's schedule of rates furnished the employer by the Guild. Such schedule may be amended by the Guild at any time. An employee's voluntary written assignment shall remain effective until revoked in writing by the employee. The dues deduction assignment shall be made upon the following form:
ASSIGNMENT AND AUTHORIZATION TO DEDUCT GUILD MEMBERSHIP DUES
I hereby assign to the Bakersfield Newspaper Guild, and authorize the Employer to deduct bi-weekly from any salary earned or to be earned by me as an employee, the amount stated below starting in the first pay period following the receipt of this assignment. I further authorize and request the employer to remit the amount deducted to the Bakersfield Newspaper Guild no later than the 10th day of each month. This assignment and authorization shall remain in effect until revoked by me.
Such notice of revocation shall become effective immediately.
This assignment and authorization supersedes all previous assignments and authorizations heretofore given by me in relation to my Guild membership dues.
____________________________________
Employee's Name
(Please print or type)
_______________________
Amount Per Pay Period
____________________________________
Employee's Signature
_______________________
Date
Section 1. This Agreement covers all employees of the Employer in the following departments, except as provided in Section 2: Financial, Advertising & Marketing, Circulation and Eye Street Building Services, the bargaining unit certified by the National Labor Relations Board in Case No. 21-RC-9210, dated November 25, 1964, any other NLRB decision which affects the scope of this bargaining unit, and News/Editorial, and New Media (per Memorandum of Understanding).
Section 2. JURISDICTION OF THE GUILD IS:
(b) Any other kind of work assigned to be performed within said unit.
(c) Performance of such work, whether by presently or normally used processes or equipment or by new or modified processes or equipment shall be assigned to employees of the Employer covered by this Agreement, subject to other provisions of this Agreement.
This Agreement shall not preclude the Employer from continuing to use copy submitted by space-rate correspondents, by contract writers, by authors writing critical reviews of art and literature or by authors writing in their particular field of expertise, but in no case shall an employee covered by this Agreement lose or be denied employment as a result thereof.
The above is subject to the following:
It is recognized by the parties that there may be overlapping duties/tasks to be determined and performed by exempt personnel, necessary for publication of the newspaper, but which shall not displace employees covered by this Agreement.
Section 3. EQUIPMENT
(b) The Employer shall offer current employees the first opportunity to receive training in the use of such new equipment.
(c) The Employer agrees to provide to the Union written notice of new equipment thirty (30) calendar days before the equipment becomes operational for production purposes. Such written notice will indicate the type of equipment, the approximate date The Employer estimates the new equipment will be operational for production purposes, and the impact, if any, on unit employees that may be known to the Employer with reasonable certainty at time such notice is given.
(d) The Employer will meet with the Union at a mutually agreeable time to discuss such new equipment after receiving a written request from the Union for such a meeting.
SECTION 4. WORK DUTIES
Notwithstanding any provision to the contrary elsewhere in this Agreement, or any other agreement, supplement, addendum or appendix thereto, the Publisher retains the sole and exclusive right to assign work to bargaining unit employees, or after discussion with the Guild, employees of other bargaining units in accordance with requirements determined by the Publisher.
In the event that the Company wishes to outsource any portion of bargaining unit work, the Company will notify the Guild in writing of the proposal to outsource, the anticipated outsourcing date, as well as the impact that such anticipated change will have on the bargaining unit employees. This notification will be made at least thirty- (30) calendar days prior to the anticipated outsourcing date. During the 30 calendar day period following the notification, the Company will, upon written request of the Guild, meet and bargain with the Guild over the outsourcing proposal as well as the impact that the implementation of this proposal would have upon the bargaining unit. At the conclusion of this 30 calendar day period, the Company will implement the agreement reached between the Guild and the Company.
However, if no agreement is reached by the conclusion of this 30 calendar day period, the company may implement its proposal as well as the proposed impact upon the bargaining unit employees. Nothing in this section shall change the scope or description of the appropriate bargaining unit for collective bargaining.
SECTION 5. EMPLOYER INTENT
It is the intent of The Employer to give those employees who may be affected by the introduction of new technology the opportunity to train for other jobs within the newspaper. This training may include training on new technology.
Section 1. The Employer shall hire employees without regard to race, religion, creed, sex, pregnancy, age, color, national origin, ancestry, sexual orientation or a non-disqualifying disability or any other protected category. The parties to this Agreement are committed to encouraging the recruitment of women and minorities.
Section 2. Every effort will be made to place the best candidate in any opening. When two (2) or more employees are determined by the Employer to be equally qualified, the employee with the most seniority shall be offered the position.
Section 3. Trial Period. All new hires will be subject to a 90-day trial period.
B. The discharge of an employee during the trial period shall not be subject to the grievance and arbitration provisions of this Agreement.
C. After completion of the trial period, an employee's seniority and length of service shall be computed from his last date of hire, except as specified for rehired in Article VI, Section 4. When two or more employees begin work at the same hour of the same day, the Employer shall, at the end of the trial period designate the rank of such employees.
Section 4. All employees, regardless of whether they have completed their trial period or not, will be subject to a complete, confidential, criminal background investigation if they apply for a position in the Finance Division. Positions outside the Finance Division will be considered for such an investigation on an individual basis.
Section 1. On a regular basis, the Employer shall notify the Guild of any new hires, terminations, change of address, changes in classification, leaves of absence, written notice of discipline, step-ups in years of experience, pay raises and merit bonus for bargaining unit members. Every effort will be made to give the Guild change of status forms for new hires within two weeks of the hire date, or by the first Thursday after the employee's first pay period.
Section 2. The Employer will give a copy of the Job Posting to the Guild when the notice is posted.
Section 1. The Guild shall designate a committee of its own choosing to take up with the Employer or its authorized agent any dispute arising over the interpretation of this Agreement and any grievance arising over the application of this Agreement. Within thirty (30) working days after the Guild is notified in writing of the event giving rise to the dispute, the employee, and if they desire the shop steward or Guild representative, will meet with the affected employee's supervisor, where appropriate, to attempt to resolve the dispute. If the dispute is not settled, the Employer agrees to meet with the committee within ten (10) working days after the receipt of a written statement of grievance. Unless the parties reach mutual agreement to extend the time limit, the written grievance must be filed within thirty (30) days of the first meeting on the dispute.
Section 2. Either may move a grievance raised under this Article to arbitration party at any time following fifteen (15) calendar days after its first consideration as a grievance but in no event later than six (6) months after its first consideration, unless mutually agreed otherwise. However, in the case of a discharge grievance or other grievance that is personal in nature, affects only a single individual, and does not involve compensation or institutional provisions, the time limit for moving to arbitration shall be ninety (90) days from the date of the event giving rise to the grievance, unless mutually agreed otherwise.
(b) In the written notice of arbitration, the party seeking arbitration shall select one of the following procedures:
(ii) Formal Hearing: The hearings shall be with a transcript and the normal formalities attendant upon a formal arbitration. The arbitrator shall issue his/her opinion, decision and remedies within sixty (60) calendar days of the receipt of the hearing transcript or, where applicable, the date of submission of briefs by the parties.
(iii) The "informal hearing" procedure should be limited to cases where there are non-substantial differences between the parties as to the facts of the grievance and where a large number of witnesses would not be required in the presentation of the case; otherwise the "formal hearing" procedure should be used.
Section 3. Costs of arbitration shall be equally bound by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.
Section 4. The decision of the Arbitrator shall be final and binding upon the parties hereto.
Section 5. Time limits set forth in this Article may be extended by mutual consent.
Section 6. It is understood that renewal of this Agreement shall not be a matter for arbitration.
Section 7. The arbitrator shall be prohibited from adding to, modifying or subtracting from the terms of this agreement.
Section 1. There will be no discharge or discipline except for just and sufficient cause. The Guild and the employee shall be notified in writing at least two (2) weeks in advance of any discharge to reduce the force, or payment in lieu of the two- (2) weeks notice.
Section 2. In the event of a layoff to reduce the work force, the Employer shall give consideration to seniority, the individual qualifications of the employee to perform the work in question, and the efficient operation of the Employer. When two (2) or more employees are determined by the Employer to be equally qualified, the senior person shall be retained.
Section 3. Before any such reduction in force, every effort shall be made to effect any reduction through attrition or voluntary termination.
Section 4. The Employer shall pay such employees any unused vacation and floating holiday pay on the employee's final check.
Section 5. In addition to any pay from Section 1, the Employer will pay severance pay to any employee laid off to reduce the force in the amount of one week for each completed year of service or such other amount in excess of this minimum as the Employer may decide. The entitlement to such severance pay shall be contingent upon the execution by the employee and the Union of a severance agreement and release of all claims, on a form acceptable to the Employer.
Section 6. Employees discharged to reduce the force shall be placed on a preferential rehire list. If a vacancy is to be refilled within one (1) year of the date of discharge, any person remaining on the list with appropriate experience in the service of the Employer shall be contacted first to determine his or her availability before a person not on the list may be hired, except if the employer needs someone with special qualifications not possessed, in the opinion of the Employer, by a person on the list. In recalling employees on the list, the Employer will consider seniority, the individual qualifications of the employee to perform the work in question and the efficient operation of the Employer. Persons on the list shall promptly notify the employer of any changes of address. When a vacancy occurs, the Employer shall notify the persons on the list. Failure to respond to a message at the last known address or to accept a position with the Employer shall result in the person being dropped from the list. It is expressly understood that the rehire rights granted hereunder apply only to those positions covered by this Agreement.
Section 7. Any employees re-hired within one (1) year will be credited with prior service in computation of vacation benefits under this Agreement.
Section 8. There shall be no discharge or any other discrimination against any employee because of his membership or activity in the Guild.
The Employer may pay severance pay at its discretion.
Section 1. The Employer shall sponsor a 401(k) tax deferral and savings plan for regular, full-time employees.
(b) The plan may be amended for the purpose of complying with governmental directives.
(c) The Employer shall pay the annual administration contract fees. In the event these fees increase to a level found to be unacceptable to the Employer, the Trustees may select a new administrator and/or fund provider.
Section 2. The plan document includes the following provisions:
(b) Part-time employees eligible under IRS regulations are eligible to defer wages only. Contributions shall be made for any shift for which an employee receives compensation (e.g., sick leave, vacations, and holidays, not to exceed six (6) months, and funeral leave) not to exceed five (5) shifts in any financial week.
(c) Effective October 1, 2001, the following vesting schedule for Employer matching contributions will apply to all current and future participants:
Less than 3 years of service 0%
3 years of service or more 100%
(f) Forfeiture of non-vested Employer contributions shall be used to offset (1) CPA audit fees, (2) investment fees and charges, (3) plan administration expenses, and (4) add to the account value of the remaining active participants. All distributions of such forfeitures shall be reviewed and approved by the Trustees, as specified in the plan document.
Section 1. The five (5) day, forty (40) hours week shall prevail, except for part-time employees, whose workweek will not exceed six (6) days. A four- (4) day, forty- (40) hour week may be utilized by mutual consent. The four (4) day week may be utilized on a week-to-week basis. All sales representatives will be considered exempt from overtime to the extent as allowed by law.
Section 2. The working day shall consist of eight (8) hours falling within nine (9) consecutive hours, except for News/Editorial, Advertising Sales, Ad Services, Circulation and Building Maintenance employees, who shall be allowed to divide their shifts to meet the requirements of their duties. Shifts of more than 8 hours may be scheduled with mutual agreement between employee and Employer without requiring overtime payment.
(b) Employees working a 6-hour shift shall be entitled to a 20-minute break or two 10-minute breaks.
(c) Employees working an 8-hour shift shall be entitled to 1-hour lunch break, or by mutual agreement, a half-hour lunch break.
Section 3. Seven (7) days, currently Monday through Sunday, shall constitute a workweek. Days off shall be arranged on an equitable rotating basis, so that each employee may have one (1) weekend off every four (4) weeks, whenever practical.
Section 4. Except as defined in Sections 2, 7 and 8, the Employer shall pay overtime according to the following schedule:
ii) All hours worked in excess of forty (40) hours in a workweek.
iii) The first eight- (8) hours worked on the seventh (7th) consecutive day of work in a workweek.
ii) All hours worked in excess of eight (8) hours on the seventh (7th) consecutive workday in a workweek.
d) Overtime shall be worked only at the request of the Employer and must be approved by the Employer.
e) Overtime shall be equitably scheduled and divided so far as practical. The distribution of overtime shall not be subject to the grievance and arbitration provisions.
Section 5. Changes in off days for all employees except temporary employees shall be posted seven (7) working days preceding the effective date of such change. Work schedules shall be posted seven (7) days prior to the effective date of the schedule. Starting times may be changed at any time by mutual agreement between the supervisor and the employee.
Section 6. Overtime records of employees shall be made available to the Guild at reasonable times. The Employer shall keep a record of all overtime.
Section 7. When an employee is called back to work after the end of his shift and prior to his next regularly scheduled shift, he shall be paid at the rate of time and one-half (1-1/2) for all work performed, with a minimum of two (2) hours. Minimum overtime is not applicable when the employee is required to remain at work after the conclusion of his shift, in which event entitlement to overtime compensation shall be determined according to the requirements of Section 4 of this Article.
Section 8. When an employee is requested by the Employer to work on his day off, he shall be paid at the rate of time and one half (1-1/2) for all work performed, with a minimum of six (6) hours at that rate unless mutually agreeable between employee and Employer.
Regular full-time and part time employees who suffer a death in the immediate family shall be granted upon request three (3) consecutive days off with full pay or five (5) consecutive days off with full pay if the funeral is out of state. For the purpose of this Section, "immediate family" shall include father, mother, husband, wife, domestic partner, son, daughter, brother, sister, mother-in-law, father-in-law, grandparents, stepparents or stepchildren. Unique requests for bereavement leave that deal with special circumstances, or the death of other decedents within the same household will be considered on a confidential, case-by case basis and must be approved by Division Vice-President and Human Resources. This provision does not apply if the funeral occurs during the employee's scheduled days off, while the employee is on leave of absence, sick leave or layoff or if the employee does not attend the funeral. The Employer may, at its discretion, provide bereavement leave to part-time employees.
Section 1. All regular, full-time employees, except as noted in Section 4 and 5, shall be eligible for the following holidays:
Section 2. A regular full-time employee required to work on a designated holiday during his or her work week shall be paid his or her earned weekly wages plus time and one-half the regular rate of pay for such work or, at the employee's request, can work the day observed as the holiday at straight time and take another day off within sixty (60) days at a mutually agreed upon day.
Section 3. Off Days and Vacation Days.
(b) A regular part-time employee, whose vacation time includes a designated holiday on a day on which he or she normally would be scheduled to work, at his or her option, will receive the additional day or day's pay at straight time rate or additional day or days off at a time mutually agreed. The employee must select an option prior to the designated holiday. The employee must take the additional day off within thirty (30) days after the originally designated holiday.
Section 4. Floating Holidays
ii) If the division head does not designate such a day for any department, the eligible employee will be responsible for scheduling their Floating Holidays with the Employer. Arrangements must be made at least one (1) week in advance, and be mutually agreed upon by the Employer and the employee.
iii) The Floating Holidays may be split into four (4) half-days, by mutual agreement between the Employer and the employee.
iv) The Floating Holidays may not be carried over into the succeeding calendar year, without prior written approval. The carryover approval must be mutually agreed upon between the Employer and the employee, and have a specified date at which time the eligibility to use the Floating Holidays will be forfeited.
Section 5. If any of the holidays listed in Section 1 of this Article falls on a Saturday or Sunday, the Employer shall post a schedule of days, by December 1 each year, which shall declare the specific days to be observed as designated holidays. The schedule will cover the period from January 1 through December 31 of the succeeding year. At no time shall the employee be afforded holiday premium pay for both the physical holiday and the designated holiday.
Section 1. Vacation accrues to employees on a monthly basis. Full time employees shall accrue vacation according to the following chart. Part-time employees who have a regular schedule of at least twenty (20) hours per week shall accrue vacation on a pro-rated basis.
Continuous Length of Service |
Days Earned | |
0 - 6 months |
5 days | |
7 - 12 months |
5 days | |
More than one year |
10 days per year | |
More than 3 years |
15 days per year | |
More than 9 years |
20 days per year | |
More than 14 years |
25 days per year |
Section 2. Employees are encouraged to use all accrued vacation benefits each year. The maximum benefits that an employee may have at any time will equal three times of one year's benefits. If an employee's earned, but unused benefits, equal the total benefits that the employee could earn in three years, the employee will not accrue any additional benefits. If the employee later uses enough benefits to fall below maximum, benefits will resume earning from that date forward. Under no circumstances, will an employee carry a balance of more than 500 hours.
Vacation may be carried over by mutual written agreement of the Employer and employee and must be taken by a mutually agreed upon date. This written agreement must be completed before the anniversary year ends. If the Employer is unable to grant an employee his/her vacation during the anniversary year, it will be carried over subject to the policy specified in this article. Unless mutually agreed to, no employee may take a vacation for a continuous period longer than the period to which the employee is entitled under this Section. Scheduling for the balance of the accrued vacation time shall be by mutual agreement.
Section 3. Whenever practical, seniority shall prevail in arranging vacation schedules. Notice of time of vacation shall be posted thirty (30) days in advance. In no event shall a senior employee be allowed to bump a less senior employee from a previously posted vacation schedule. Every attempt will be made to schedule vacations based upon mutual agreement between the Employer and the employee so long as the needs of the Employer are met on a year around basis. In no event shall an employee be unreasonably required to take his vacation prior to April 1 or after October 30.
Section 4. The Employer may, but shall not be required to, allow an employee to take up to five (5) days vacation days before they are actually accrued. In the event the employee's employment is terminated and the employee has taken vacation days in excess of the number actually accrued on a pro-rata basis, the employee shall not be required to reimburse money to the Employer for the excess days taken, nor will a sum of money be deducted from a final paycheck for the excess days taken.
Section 5. The above provision for pro-rata payment in the event of death shall be satisfied by the payment of the computed amount, less normal payroll deductions, to the Executor or Administrator of the deceased employee's California estate and shall be without other legal cost or obligation.
Section 6. Employees entitled to two (2) weeks of vacation may utilize one week of vacation to be split into five (5) individual days off or half days. Employees entitled to three (3) weeks of vacation may utilize two weeks of vacation to be split into ten (10) individual days off or half days, and employees entitled to four (4) or more weeks vacation may utilize three (3) weeks vacation to be split into fifteen (15) individual days off or half days, when such days off are mutually agreeable between the Employer and the employee. Each employee shall be responsible for arranging with the department head or his appointed representative for such day or days off in advance of the posting of the work schedule for the week in which it occurs. It is understood that the Employer may not be able to accommodate days off coinciding with holidays.
Section 7. Employees in their probationary period do not receive vacation upon termination.
Section 1. Commencing on the effective date of this Agreement, all employees shall accrue sick leave and will be paid on the basis of one (1) hour for each twenty-six (26) base rate hours paid. Any unused sick leave will be accumulated to a maximum of four hundred eighty (480) hours.
Section 2. Any employee claiming sick leave with pay may be required to provide a doctor's certificate.
Section 3. Circulation employees shall notify the Supervisor at least two (2) hours prior to the start of the shift from which the employee shall be absent due to illness. Employees in other departments shall notify the supervisor at least one (1) hour prior to start of shift.
Section 4. In the event Worker's Compensation payments or State Disability payments cover all or part of the period during which sick benefit allowances are paid, the sum of the two shall not exceed the amount the employee would have earned had he or she been working.
Section 5. Employees may use a maximum of five (5) days per year of accumulated sick leave for assisting during the illness of a spouse, domestic partner, or dependent child. These five (5) days are not additional time, but are included in the accumulated sick leave as provided in Section 1.
Section 6. The amount of sick leave for each employee shall be reviewed by February 1 of each calendar year. Employees who have not used any sick leave during the previous calendar year shall be granted the option of taking a Wellness Day or four hours pay scheduled by mutual agreement with the supervisor.
Section 1. The Employer will grant leaves of absence in accordance with state and/or federal laws. Requests for leave of absence not covered under such laws or otherwise stated in this contract will be considered on an individual basis for regular full time employees with one or more years of continuous service. The Employer has the right to require a “fit for duty” exam upon return from any absence. The Employer will only exercise this right to satisfy concerns for the employee's health and/or safety.
Section 2. Leave provided for in this Article shall not constitute breaks in continuity of service in the computation of total service time toward severance pay, vacations and other benefits under this Agreement, but may be deducted in computing severance, vacation and sick leave pay within the leave period.
Section 3.
(b) A dayside employee must return to work as soon as he/she is released from jury duty unless excused by supervisor.
(c) The night side employee will advise his or her supervisor in advance of being called for jury duty. A night side employee shall not be required to report for work if he or she has served at least six (6) hours on a jury or jury selection. Any night side employee serving less than six (6) hours in jury duty shall be required to work the difference between the amount of time spent on jury duty or in jury selection and his or her regularly scheduled shift. Upon release from jury duty, the employee will contact his or her supervisor and arrange with the supervisor the scheduling of the balance of his or her hours to be worked on his or her regularly scheduled shift. If a mutual agreement cannot be reached, the night side employee will report for work at the beginning of his or her regularly scheduled shift.
(d) Such absence on jury duty shall not be counted against an employee's credit for vacation or sick leave.
(e) This section shall not apply when an employee is required to be present as a party to a civil or criminal proceeding. An employee subpoenaed as a non-party witness to testify in a matter unrelated to her job duties, may be paid for such time, as the employee is required to be away from her job duties, as long as the employee has advised her supervisor as soon as possible after being served with the subpoena and has taken appropriate action to be placed "on-call” to testify or other appropriate action to minimize the time away from her job duties. The time the employee is away from her job duties as a non-party witness under subpoena may be deducted from accrued vacation hours at the employee's request.
Section 4. If an employee is elected or appointed to a Newspaper Guild, CWA or AFL/CIO office, or office of a local of The Newspaper Guild, such employee shall be given a leave of absence without pay and shall be reinstated in the same position upon the expiration of such leave; provided that the duration of such leave and the number of employees to be on such leave at any one time shall be subject to mutual agreement between the Employer and the Guild. The foregoing shall also apply to delegates to TNG, CWA or AFL-CIO (or successor organizations) conventions, both national and local, and to delegates to special meetings called by The Newspaper Guild. Subject to mutual agreement between the employee and the Employer, accrued vacation time may be used.
Section 1. Employees covered by this Agreement who leave a position to serve in the Armed Forces of the United States shall be re-hired in accordance with the provisions of applicable Federal and California state law. Employees who are compelled to report for duty in the Armed Forces of the United States, but are determined to be exempt from service in the Armed Forces because of qualified conscientious objector beliefs, and are ordered to serve appropriate alternative service, shall be entitled to the same re-hire rights as provided those serving in the Armed Forces.
Section 2. Employees covered by this agreement may be allowed to take leave if they are the spouse or domestic partner of any military serviceman or servicewoman deployed to the scene of a military conflict and if they work for the Company at least 20 hours a week. In these cases, the employee will be allowed up to 10 days of unpaid leave while their spouse or domestic partner is home on leave from deployment. Employees must notify the Company within 2 days of receiving notice that their spouse or domestic partner will be home on leave. This leave can be taken while the military member is home on leave or at the end of the deployment.
Section 1. Part-time employees shall be paid on an hourly basis equivalent to the weekly wage minimum provided for the employee's classification and experience.
Section 2.
(b) Employees doing work of a temporary nature shall be defined as employees hired to perform work of a temporary duration not to exceed twelve (12) months without mutual agreement of the Guild. Employees hired for relief of employees absent pursuant to the provisions of Articles [X, XI, XII, XIII, XIV, XV] and temporary disability as defined under the worker's compensation laws may be regarded as employees doing work of a temporary nature.
Section 3. If a temporary employee's assignment is extended into a regular position, his or her anniversary date shall be the most recent hire date he or she began working for the Employer.
Section 4. Part-time and temporary employees will not be employed if it would eliminate-or displace a regular full-time employee, nor shall temporary employees be employed if they would eliminate or displace a regular part-time employee. This provision shall not limit the Employer's right to determine the required workforce (FTE's) nor that any vacated position shall become a part-time position or to make the determination that a position will remain vacant. The position of an employee on leave shall not be considered vacated.
Section 1. Any employee who has not yet progressed to the top minimum scale in his classification will continue to receive the anniversary date scheduled increases contained in this Article (minimum salaries). Any employee changing classifications will be subject to the wages provided in Section 2 below. It is understood that step increases within the minimum salary scales are based on experience level. Increases may be rescheduled due to leave of absence. (If employee is on LOA for 60 days, increase will be rescheduled by 60 days.)
Section 2. Employees shall receive the following minimum salaries.
| a) | JOURNALIST (Reporter, Copy Editor) | b) | ASSISTANT EDITOR | $19.00 | ||
| Less than one (1) year | $14.00 | |||||
| One (1) year or more | $14.75 | |||||
| Two (2) years or more | $15.25 | |||||
| Three years (3) or more | $16.00 | |||||
| c) | NEWS ASSISTANT/AGATE CLERKS | d) | OUTSIDE SALES, INSIDE SALES | |||
| Less than one (1) year | $9.25 | (Per MOU, dated 1/1/2011) | ||||
| One (1) year or more | $9.75 | |||||
| Two (2) years or more | $10.25 |
|||||
| Three years (3) or more | $10.75 | |||||
| e) | CUSTOMER SERVICE REP-ONLINE | f) | WEB DESIGNER | |||
| Less than one (1) year | $11.00 |
Less than one (1) year | $12.00 | |||
| One (1) year or more | $11.50 | One (1) year or more | $12.50 | |||
| Two (2) years or more | $12.00 | Two (2) years or more | $13.25 | |||
| Three (3) years or more | $12.50 | Three (3) years or more | $14.75 | |||
| g) | COMMUNITY CONTENT COORDINATOR | h) | CLASSIFIED ADVISOR (Commission Program) | |||
| Less than one (1) year | $14.00 | Less than one (1) year | $9.25 | |||
| One (1) year or more | $14.75 | One (1) year or more | $9.60 | |||
| Two (2) years or more | $15.25 | Two (2) years or more | $10.00 | |||
| Three (3) years or more | $16.00 | Three (3) years or more | $10.50 | |||
| i) | SKILLED ADVERTISING CLERK | j) | ADVERTISING/MARKETING /ARTISTS | |||
| Less than one (1) year | $11.20 | Less than one (1) year | $12.00 | |||
| One (1) year or more | $11.80 | One (1) year or more | $12.50 | |||
| Two (2) years or more | $12.40 | Two (2) years or more | $13.25 | |||
| Three (3) years or more | $13.00 | Three (3) years or more | $14.75 | |||
| k) | CUSTOMER SERVICE REP | l) | AD DESIGNER | |||
| Less than one (1) year | $11.00 | Less than one (1) year | $12.15 | |||
| One (1) year or more | $11.50 | One (1) year or more | $12.75 | |||
| Two (2) years or more | $12.00 | Two (2) years or more | $13.25 | |||
| Three (3) years or more | $12.50 | Three (3) years or more | $14.00 | |||
| m) | ACCOUNTING CLERKS | n) | OTHER (News Clerk, Circ. Clerk) | |||
| Less than one (1) year | $9.25 | Less than one (1) year | $8.75 | |||
| One (1) year or more | $9.75 | One (1) year or more | $9.25 | |||
| Two (2) years or more | $10.25 | Two (2) years or more | $9.75 | |||
| Three (3) years or more | $10.75 | Three (3) years or more | $10.25 | |||
| o) | CIRCULATION DISTRICT ADVISORS | p) | CIRCULATION FIELD ASSISTANT | $9.50 | ||
| Less than one (1) year | $11.00 | /COLLECTOR | ||||
| One (1) year or more | $11.50 |
|||||
| Two (2) years or more | $12.00 | |||||
| Three (3) years or more | $12.50 | |||||
| q) | ROUTE DRIVER | $9.00 | r) | CIRCULATION SALES REP. | $24,000 | |
| s) | SHIPPING & RECEIVING CLERK | |||||
| Less than one (1) year | $10.00 | |||||
| One (1) year or more | $10.50 | |||||
| Two (2) years or more | $11.00 | |||||
| Three (3) years or more | $12.00 |
Section 3. For the period of January 1, 2011 through June 30, 2011, the minimum salaries above are subject to a 5% reduction. Both parties agree to meet and discuss on or before June 1, 2011.
NOTE: Every effort will be made to make the Sales compensation program fair to both the employee and the Employer. If either party feels that fairness is in question, they can approach the other party for further discussion. In addition to the above wages, the Employer may offer special, temporary incentive programs not subject to bargaining.
Section 1.
(b) It is understood and agreed that the foregoing schedule of wages is a minimum. The Employer, at its discretion, may grant wages and/or bonuses above these minimums. Nothing in this Agreement shall prevent any employee from bargaining individually for wages higher than the minimum set forth herein.
Section 2. The Employer agrees that there shall be no reduction in minimum salaries as set forth in Article XVII during the life of this Agreement.
Section 3. Employees (except part time and temporary employees) scheduled to work between 8 p.m. and 5 a.m. shall receive a night differential of $4.00 per shift. Part-time employees who work at least six (6) hours on a shift shall be paid $3.00 night differential. Part-time employees who work at least eight (8) hours per shift shall receive $4.00 night differential. Night differential will not be paid to an employee who requests and receives a schedule change, which causes his hours in whole or in part to be between 8 p.m. and 5 a.m.
Section 4. Payment of wages shall be made by check no later than every other Thursday.
Section 5. There shall be no deductions of night or shift differential in computing sick leave, vacation or holiday pay for employees who regularly work on the night shift.
Section 6. Should the Employer create a new job within the bargaining unit, the Employer shall furnish the Guild with a proposed job title and description and the parties shall negotiate a new minimum.
Section 7.
(b) Employees working as a District Advisor in the Circulation division is designated as the “Lead District Advisor by the Home Delivery Manager or Zone Manager, the employee shall receive a differential of five dollars ($5.00) per shift.
(c) Employees in other Divisions covered by this agreement shall receive the same $15.00 skill differential if they assume the duties of a manager or supervisor for a full shift. In instances not clearly identified in this section, Management must approve this skill differential in advance.
| Price of Gas | Reimbursement Rate | |
| Less Than 2.00/gallon | 42 cents per mile | |
| $2.00-$2.99 per gallon | 44 cents per mile | |
| $3.00-$3.99 per gallon | 46 cents per mile | |
| More than $4.00 per gallon | 48 cents per mile |
(b) Necessary working equipment, except cameras, shall be provided to employees and paid for by the Employer.
(c) The Employer agrees to pay 100% of the additional costs above and beyond the cost of statutory minimum public liability and property damage coverage cost of public liability and property damage insurance of employees who use their cars regularly at the request of the Employer, for coverage not to exceed $100,000 and $300,000 public liability and $50,000 property damage insurance. The Employer also agrees to 100% of the increased cost of automobile insurance incurred as a result of using his or her automobile for business purposes. These payments shall be made within thirty (30) days after the insurance is purchased or renewed, upon documentation.
Except as modified by this Agreement, The Employer reserves and retains, solely and exclusively, all of its normal, inherent and common law rights to manage the business. Such rights shall include but not be limited to, the sole and exclusive rights to supervise operations; hire and direct the workforce; set standards for employee performance; change or introduce new operations, procedures or equipment and the right to determine whether and to what extent work shall be performed by employees; maintain discipline; be the judge of competence and the number of employees required; to suspend, discipline, and discharge employees for cause and otherwise to maintain an orderly effective and efficient operation.
Section 1. During the life of this agreement, there shall be no strikes of any kind including sympathy strikes, unfair labor practice strikes, work stoppages or slowdowns. During the life of this agreement the employer shall not lock out employees.
Section 2. In the event of a strike or lockout which allegedly violates this article, the aggrieved party may proceed directly to seek judicial relief for the alleged violation.
Section 3. The union agrees that it will use its best efforts in good faith to require its members to perform their services for the employer.
Section 1. The Employer shall transfer no employee to another enterprise in the same city, or to another city, whether in the same enterprise or in other enterprises conducted by the Employer, or by a subsidiary, related or parent company of the Employer, without the employee's consent. An employee shall not be penalized for refusing to accept a transfer.
Section 2. Employees in good standing are eligible to apply for vacancies after six (6) months continuous employment in regular classification and qualified employee applicants will be considered. However, the Employer will retain the right to select the most qualified applicant. Notice of vacancies shall be emailed to all employees and posted on the Company's internet site for as long as practical to meet the needs of the Employer. Nothing shall prevent the Employer from transferring an employee from one position to another position in the same classification without posting. Pay for the position will be the pay for the classification provided in Article XVII.
Section 3. Employees eligible and selected for internal transfer within or into any position in the Finance Division will be subject to the same criminal background investigation as potential new hires. Positions outside the Finance Division will be considered on an individual basis.
Section 1. By-line. An employee's by-line or credit line shall not be used over his or her protest.
Section 2. Bulletin boards. The Employer agrees to provide a bulletin board suitably placed in each department for the exclusive use of the Guild and its members.
Section 3. Outside activities. Employees of the Employer shall be free to engage in any activities outside of working hours, provided such activities do not consist of services performed for organizations or individuals in direct competition of any kind with the Employer, and provided further that without permission, no employee shall exploit his or her connection with the Employer in the course of such activities. The Employer shall determine if an activity is in direct competition with the Employer.
Section 4. Separability. If any one of the provisions of this Agreement are held to be illegal or in violation of the laws of the United States or the State of California, such decision shall not invalidate the other provisions of this Agreement.
Section 5. The Employer shall insure that the Employer's premises are in conformity with federal, state and local health and safety laws and regulations.
Section 6. Privilege against Disclosure. No employee may be required to yield custody or make disclosure of information, notes, documents, films or other materials to any person other than the Employer or his representative. If a federal, state or municipal court, grand jury, governmental agency, department or commission or if a governmental legislative body orders any covered employee to produce or disclose confidential information or confidential news sources produced or used by such employee in the course of or arising out of his or her employment with the Employer, the Employer will, if notified of such order by such employee in writing, and if requested to do so in writing, provide at its expense and without expense to the employee, so ordered, legal assistance and advice to enable the employee to carry out the direction of the Employer to comply with, not comply with, or take other action with respect to such order. If the employee follows the direction of the Employer and complies with the advice of the Employer's legal counsel so provided, the employee shall not suffer any loss of pay or other benefits directly resulting from the employee's compliance with the directions of the Employer and the advice of such legal counsel; and, to the extent permitted by law, the employee will be made whole by the Employer against any fines or monetary penalties imposed by a final judgment, decision, conviction or order of the government court or body which issued such order.
Section 7. Job Limitation. It is agreed that the Employer shall have the prerogative of utilizing the services of combination reporter/photographers. In this regard, the Employer shall be limited to three- (3) combination person's days and three- (3) combination person's nights. It is agreed that photographers will be employed as long as combination reporter/photographers are used. It is further agreed that the Employer shall not discharge a reporter for incompetence on the basis of his performance as a photographer.
The Employer shall pay one-half (1/2) of the cost of parking for employees working at the 1707 Eye Street facility.
Section 1. All eligible employees may apply for group benefits once a year, during an open enrollment period.
Section 2. New hires shall be eligible for benefits based upon the following schedule:
B) Long Term Disability (LTD) coverage for full-time employees starts on the first of the month after a waiting period of 60 days.
C) Medical/dental/vision coverage for full-time employees starts on the first of the month after a waiting period of 90 days.
ii) If an eligible employee does not enroll within the thirty (30) day enrollment period specified in (i), they will have to wait for the open enrollment window to enroll.
iii) A domestic partner and any of the partner's qualified dependants shall be eligible for dependant coverage.
Section 3. For the Plan period January 1, 2011 to December 31, 2011, all Eligible employees will pay 35% of the cost of HMO medical, 39% of the cost of PPO Medical, 35% of the cost of dental, and 35 % of the cost of vision insurance. Employee share of cost for medical, dental and vision coverage will be deducted from the employee's paychecks on a bi-weekly basis as follows:
| EE Only | EE + 1 | EE + family | |
| HMO Med/HMO Dental/Vision | $61.90 | $131.73 | $181.64 |
| HMO Med/PPO Dental/Vision | $65.70 | $139.57 | $190.58 |
| PPO Med/HMO Dental/Vision | $100.95 | $214.71 | $294.87 |
| PPO Med/PPO Dental/Vision | $104.75 | $222.56 | $303.81 |
Section 4. If either party would like to make a change to the contribution percentage for the plan period January 1, 2012 to December 31, 2012, the requesting party will make the request in writing no later than 60 days prior to the beginning of the new plan year. This section then will be reopened for discussion.
Section 5. If a temporary employee's assignment is extended into a regular position, his or her anniversary date shall be the most recent hire date he or she began working for the Employer. Benefits shall be made eligible to the employee based on this most recent hire date. If they have surpassed the 90 day requirement, benefits will be made available the first of the following month.
The Employer agrees to provide:
(b) Accidental death and dismemberment insurance in the amount of one (1) times the regular full-time employee's annual base salary, or a minimum of $20,000.
(c) The regular full-time employee can purchase supplemental life insurance up to the lesser of 5 time salary or $500,000.
(d) The regular full-time employee's spouse or domestic partner and/or children have a basic life insurance policy under this Agreement as follows:
Children age six (6) months or older $1,000
Children under six (6) months $100
Section 1. Regular full-time employees may elect to set aside pre-tax dollars to reimburse themselves for certain health items which are not covered by their insurance policy, e.g. the deductible, co-payments, prescriptions co-payments, dental expenses, glasses, etc.
Section 2. Regular full-time employees can elect to set aside pre tax dollars to reimburse themselves for dependent coverage for day care, after school care, elder care and disabled spouse care.
Section 3. The maximum deductions for the flexible spending accounts are as follows:
(b) Dependent care per household $5,000
Section 1. The Employer agrees to provide long-term disability insurance coverage for regular fulltime, so that if an employee is disabled and unable to work for ninety (90) days the employee will receive fifty percent (50%) of his base monthly salary, up to $2,000.
Section 2. The employee has the option to buy an additional ten percent (10%), at the first enrollment without evidence of insurability; otherwise evidence is required.
Section 1. During the life of this Agreement, the Employer agrees to continue to provide on-going information, training and work area improvements, when needed, as it relates to computers.
Section 2. The Employer will continue to monitor those departments in which computers are used and the employees who are operating the equipment for any possible problems.
Section 3. The Employer is concerned for the health and welfare of employees required to work on computers. Consistent with this concern the Employer agrees to provide all employees who use computers most of their working time, with two- (2) ten- (10) minute breaks in each four (4) hour work period. In lieu of breaks in Article IX, Hours and Overtime, this is in addition to the regular lunch break. Computer breaks will be non-working time. The Employer will continue its reasonable allowance for rest room, water and stretch breaks.
Section 4. It is agreed that employees will be encouraged to:
(b) Practice recommended safe techniques when operating a computer,
(c) Take appropriate breaks from usage of the computers.
In an effort to create a positive response to the problem of substance abuse, the parties agree to cooperate in encouraging employees afflicted with drug addiction or alcoholism to undergo a program directed toward their rehabilitation. The employee shall be entitled to reasonable leave in order to complete any such program. While the intention of the program is to be rehabilitative, rather than punitive, both the Guild and the Employer recognize that in certain circumstances rehabilitation is not indicated. It is the intent of the parties to this Agreement to protect the privacy rights of the employee.
I. PROHIBITED ACTIVITIES
The use, possession, distribution, dispensation, manufacture, transportation or sale of narcotics, illegal drugs, controlled substances, hereinafter referred to as "drugs," by any employee on duty, on the Employer's premises or in any Employer vehicle is prohibited and a violation of the Employer's Drug and Alcohol Policy. Employees will be permitted to possess prescription drugs prescribed by a licensed physician as medication for use by the person possessing such substances. The misuse of any legal drug (whether prescribed or over the counter) is prohibited. The term "misuse" includes, but is not limited to, the following:
(b) The use or possession of a prescribed drug in quantities inconsistent with the amount prescribed.
Unless otherwise specifically authorized, the use, possession, purchase, sale, transfer or transportation of alcoholic beverages is prohibited when an employee is on duty, on the Employer's premises, in any Employer vehicle or on Employer business off the Employer's premises. To the extent not rendered illegal by any law, regulation or ordinance, management at its discretion, e.g., may from time to time waive the prohibitions on alcoholic beverages for Employer sponsored functions. However, any such waiver will not relieve employees of their obligation to perform their allotted duties in a safe and efficient manner. Arriving on Company premises having ingested any drug (including alcohol) to the extent that job performance is adversely affected is prohibited.
II. POST ACCIDENT
Any Employee who is involved in an accident while on duty (regardless of location), and in which the Employee's actions, or failure to act, appear to have played a part in the accident, may be asked to submit to a post-accident drug and/or alcohol test as part of the Employer's investigation of the incident. "Accident" includes those in which property damage is incurred or medical treatment is required. Following an accident or injury in which property damage is incurred or anyone is injured, those employees involved in the accident are expected to remain available for testing and to refrain from consuming any alcohol for a period of up to six (6) hours, or until the individual is informed that no test is required. Management will provide the request if testing is needed within the six (6) hour time frame. All such tests will be conducted as soon as possible after the accident, but after any necessary first aid has been administered.
III. REASONABLE SUSPICION
The Employer agrees that there shall be no random, unit or company wide testing. Employees will only be tested for drug and alcohol abuse where the Employer has probable cause to believe the employee is under the influence of alcohol and/or drugs. Reasonable suspicion includes, but is not limited to, the following: Facts, circumstances, physical evidence, physical signs and symptoms or a pattern of performance and/or behavior that would cause a prudent person to reasonably conclude that an employee may be "under the influence" of a prohibited substance or has used a prohibited substance which is or appears to be affecting his or her job performance. Involvement in an injury-accident or treatable injury may also be considered reasonable suspicion.
Each and every situation will be considered individually to determine if reasonable suspicion, for the purpose of drug testing and or searches, does in fact exist. If reasonably possible, two persons will be present to confirm that reasonable suspicion is present.
In order to accomplish the purpose of this policy, the Employer reserves the right to carry out reasonable searches of individual employees and their personal effects when employees are on Employer premises, if the Employer has probable cause to suspect the sale or possession of illegal drugs or alcohol.
Personal effects of employees may include items such as backpacks, belly packs, brief cases, pocketbooks, toolboxes and lunch pails, etc. Employer vehicles will be subject to search and inspection. On employee request, a Guild representative shall be present, if possible, to witness the search.
With probable cause searches may be initiated without prior notice and conducted at times and locations deemed appropriate by the Employer. Lockers and work areas provided employees by the Employer are Employer property. There should be no expectation of privacy regarding lockers and work areas, which are subject to search at any time by the Employer, with the employee present.
IV. DRUG AND ALCOHOL TESTING
Employees may be requested to cooperate in "fitness for duty/under the influence" exams and drug/alcohol testing, using bodily fluid specimens such as urine and blood under the conditions and situations discussed in this policy. The Employer reserves the right to request urine and blood specimens for the purpose of drug/alcohol testing where probable cause exists and to the extent legally permissible. A confronted employee shall be given the opportunity to request union representation.
Prior to any drug test, employees will be required to execute appropriate documents including an authorization for the use and disclosure of the test results, a consent form, and a notice concerning the nature of drug testing. Employee is not required to waive any claim or action under law. Nor shall the union be deemed to have waived any right it has under the Agreement to grieve the request for testing as not justified by probable cause. "Fail the drug test" means the initial drug test and the confirmation test showed the presence of prohibited substance in the employee's system.
V. DRUG AND ALCOHOL TESTING GUIDELINES
Samples for testing shall be collected under sanitary conditions and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples.
The individual being tested will be given the opportunity to provide information to the Employer's physician which he considers relevant to the test; for example, identification of prescription or nonprescription drugs which the individual may be currently using or has recently taken, or other relevant medical information.
The Employer shall pay all costs of tests requested by the Employer.
All specimens collected will be properly sealed to prevent tampering and an appropriate chain of custody will be maintained from point of collection to the testing laboratory and within the testing laboratory.
A licensed clinical laboratory utilizing established laboratory procedures would perform all tests.
The laboratory will be N.I.D.A. certified and D.H.H. approved. The employees may be tested for the following prohibited substances:
The testing laboratory using an alternate, more sensitive method of testing, will confirm all “positive” (prohibited substance present) laboratory results obtained on initial screen. After a sample is shown to be positive for a specific substance and the presence of the substance has been confirmed by an alternate method any remaining samples will be stored by the laboratory for a period of not less than one (1) year.
Information pertaining to test results will be treated as confidential and only released by the laboratory to designated representatives of the Employer. The Employer will also treat test results as confidential, and results will be released within the Employer on a strict "need to know" basis and WILL NOT be included in the employee's personnel file.
VI. REHABILITATION AND DISCIPLINARY ACTION
Any employee determined by the Employer to have engaged in any of the prohibited activities set forth in this policy, or who has tested positive for a prohibited substance will be subject to disciplinary action up to and including termination from employment. The Employer will first consider the employee's past work record and length of service, the seriousness of the violation of this drug policy will also be considered if disciplinary action is taken.
Employees have the right to refuse to have personal effects searched when probable cause exists or to cooperate in the requested tests when probable cause exists; however, refusal may result in disciplinary action up to and including termination.
The Employer further reserves the right to discharge immediately any employee who is found to have tampered with or falsified a test sample.
Any individual with an alcohol or drug abuse problem who voluntarily comes forward prior to violation of Employer policy and who thereafter cooperates with the Employer for treatment and rehabilitation will NOT be subject to disciplinary action for doing so. Any employee, in a voluntary treatment program, will continue to be subject to the Employer's drug and alcohol program including its provision for discipline and/or discharge. However, failure to satisfactorily or successfully participate in treatment, or withdrawal from treatment before completion, may result in disciplinary action up to and including termination.
(b) Prior to the employee returning to full duty, he will provide (at the lab/facility of the Employer's choice) at least one drug/alcohol test that reveals no detectable amount of a substance prohibited by this policy.
(c) Any employee who comes forward (on a voluntary basis) will receive a reasonable amount of time off without pay for treatment of a drug and/or alcohol related problem.
(d) Employer will maintain a comprehensive resource list of treatment, counseling and assistance programs for drug and/or alcohol related problems.
(e) Financial responsibility for treatment programs is the employee's.
The Guild will be provided with the name, addresses and credentials of testing facilities.
Section 1. This Agreement shall commence on January 1, 2011 and expire on December 31, 2012.
Section 2. Effective with the expiration date of this Agreement as stated above, the individual terms and conditions of the Agreement shall remain in effect during negotiations.