Agreement between
MINNESOTA NEWSPAPER GUILD/TYPOGRAPHICAL UNION
and
STAR TRIBUNE
Effective August 1, 2008 to and including July 31, 2011
PREAMBLE
This Agreement is made this 15th day of September, 2008,
between the Star Tribune, hereinafter known as the Publisher, and the Minnesota
Newspaper Guild/Typographical Union, a local chartered by the CWA, hereinafter
known as the Guild, for itself and on behalf of all the employees of the
Publisher (except those herein excluded) employed in the News and Editorial
Departments of the Star Tribune including the Sunday Tribune, employed in the
Sales Development/Promotion Department doing art and creative work, and all
Metro District Sales Managers in the Metro Circulation Department, and no others.
The Publisher recognizes the Guild as the duly authorized
collective bargaining agent for said employees.
The jurisdiction of the Guild is defined as all work presently being
performed for the Publisher by the employees covered by this Agreement, and the
performance of such work shall be assigned to employees within the Guild's
jurisdiction. It is the intent of the
parties that this Agreement shall not alter the jurisdiction of the Guild as
established by present practice.
It is agreed that the performance of fact‑gathering,
writing, photography or editing for electronic distribution of news material is
within the Guild's jurisdiction in the same way as comparable work now
performed for the News and Editorial Departments of the Star Tribune. It is understood that the Guild's
jurisdiction over electronic news material ceases when such material is
transmitted from the Library or the News and Editorial Departments of the Star
Tribune.
References in this Agreement to the masculine and feminine genders are used interchangeably and apply equally to both genders.
ARTICLE I‑‑EXCEPTIONS
1. This
Agreement shall not apply to: Executive
Editor/Editor, Executive Assistants, Associate Editors, Managing Editors,
Deputy Managing Editors, Assistant Managing Editors, three News Editors,
Editorial Page Editor, Deputy Editor, Editorial Page, St. Paul City Editor,
Sports Editor, Foreign Correspondents, Washington Correspondents, New York
Correspondent, Director of Photography,
Marketing Creative Leader, Associate Creative Directors, Director of Strategic and News Research,
Editor, startribune.com, Deputy Editor, startribune.com, Technology Director,
1A Coordinator, Features Editor (1), Recruiting and Training Coordinator, Night
News Editor, Deputy Photo Director (1), Deputy Local News Editor (1), Deputy
Business Editor (1), Deputy Sports Editor (1), Director, Copy Editing (1), Head Librarian, Assistant Librarian,
Electronic News System Coordinator, Survey Specialist and the Administration Specialists, Employment Training
Specialists and Executive Secretaries of any of them. Occasional part‑time and temporary
employees shall be excluded, likewise, except as to wages, hours and overtime
as provided in Article XIII.
2. This
Agreement shall apply to regular part‑time employees only as specifically
provided in Article XIII.
3.
The following are
exempt from the provisions relative to the five‑day week and payment of
overtime: St. Paul Bureau Chief and
Women's Editors.
4.
If the Publisher
creates during the term of this Agreement a new position in any department
represented by the Guild, and if the Publisher asserts that the new position
should be excluded from Guild representation, then the following procedures
shall apply:
a.
The Guild shall be
given notice of the new excluded position within fifteen (15) days of its
creation.
b.
The Guild may initiate
discussions with the Publisher to discuss and/or challenge the excluded
designation.
c.
In the event of a
failure of the parties to reach an agreement on the status of the newly created
position, the matter may be moved to arbitration pursuant to Article XI of the
Agreement.
d.
Failure of the Guild
to move to arbitration the question of the status of the newly created position
within ninety days of receiving notice pursuant to paragraph 1 above shall
waive the Guild’s right to challenge the excluded designation.
5. If the Publisher fills any of the
following newly created and vacant exempt positions - Deputy Photo Director,
Deputy Local News Editor, Deputy Business Editor, Deputy Sports Editor,
Director, Copy Editing, Features Editor – with a bargaining unit employee, the
Publisher shall fill the vacancy created by the bargaining unit employee
filling the exempt position.
ARTICLE II‑‑ELECTRONIC DISTRIBUTION
1. In
conjunction with the 1980 negotiations, the Publisher agreed to extend certain
new jurisdictional rights to the Guild regarding the preparation of news
material for electronic distribution.
Those jurisdictional concessions are set forth elsewhere in this
Agreement.
2. The Publisher
shall, within the framework of the existing joint Guild Management Committee
in: (1) the newsroom of the Star
Tribune, (2) the Library and (3) the Metropolitan Circulation Department
endeavor to provide as early and as complete information as possible regarding
proposed experimental electronic news distribution systems.
3. It is
anticipated that Guild representatives on said committees will make all
reasonable effort to provide such input and advice regarding the most mutually
beneficial way of planning and moving into experimentation with and
implementation of electronic news distribution in the same manner as Guild
members did in the successful mutual effort to introduce the Atex Systems into
the Publisher's newsroom.
4. The
management of the Metropolitan Circulation Department, including the Manager of
said department, shall meet with Guild representatives as feasible and upon
request to apprise the Guild when and if there is a reasonable probability of
implementation of any electronic distribution system which would have a
measurable impact on the need for District Sales Managers within the
department.
ARTICLE III‑‑UNION SECURITY
1. All
employees covered by this Agreement who are members of the Newspaper Guild of
the Twin Cities on August 1, 2008, the effective date of this Agreement, and
all employees who become members thereof on or after said date, shall, as a
condition of employment, maintain their membership in the Guild for the
duration of this Agreement in the manner and to the extent permitted by law.
2. Upon an
employee's voluntary written assignment, the Publisher shall deduct per payroll
period from the payroll period's earnings of such employee and pay to the Guild
not later than two weeks following that pay period an amount equal to Guild
initiation fees, dues and assessments.
Such amounts shall be deducted from the employee's earnings in
accordance with the Guild rate furnished the Publisher 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.
The dues deductions assignment shall be made upon the
following form:
ASSIGNMENT
and
AUTHORIZATION TO DEDUCT GUILD MEMBERSHIP DUES
To: Star
Tribune
I hereby assign to the Newspaper Guild of the Twin Cities,
from any salary or wages earned or to be earned by me as your employee, an
amount equal to all Guild initiation fees, dues and assessments lawfully levied
against me by the Guild for each payroll period following the date of this
assignment as certified by the Treasurer of the Newspaper Guild of the Twin
Cities.
I hereby authorize and request you to check‑off and
deduct such amounts from each payroll period for which such initiation fees,
dues and assessments are levied and the Guild so notified you, from any
earnings then standing to my credit as your employee, and to remit the amount
deducted to the Newspaper Guild of the Twin Cities.
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 yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment
and authorization shall be renewed automatically and shall be irrevocable for
successive periods of one year each or for the period of each succeeding
applicable collective agreement between yourself and the Guild, whichever
period shall be shorter, unless written notice of its revocation is given by me
to yourself and to the Guild by registered mail, or delivered to the Guild
office in person, not more than thirty (30) days and not less than fifteen (15)
days prior to the expiration of each period of one year, or of each applicable
collective agreement between yourself and the Guild, whichever occurs
sooner. Such notice of revocation shall
become effective for the calendar month following the calendar month in which
you receive it.
Date___________
Employee's Signature_____________________
3. Not
fewer than four (4) of five (5) new employees hired after August 1, 2008, as
"A" classification or "H" classification employees on the
Star Tribune, as Metro Circulation District Manager, as Coordinators and Copy
Specialist in the Sales Development/Promotion Department, as Senior Creative
employees in the Sales Development/Promotion Department, as Artists in the
Sales Development/Promotion Department, as Night Supervisors in the Library, as
Classifiers or Researchers in the Library, as Assistants in the Library, as Lab
Assistants, either color or black and white, in the Photo Lab, and as News
Assistants, Receptionists, Typists, Clerks or Copy Aides in the News
Departments, shall, as a condition of employment, become members of the Guild
not later than thirty (30) days after the date of their employment, and shall
maintain their membership in the Guild for the duration of this Agreement in
the manner and to the extent permitted by law.
Notice of exclusion of any such new employee from compulsory union
membership must be given to the Guild by the Publisher within ten (10) days
after the date of commencement of employment of such new employee. Any one new employee out of each five hired
in each department represented by the Guild may be excluded from the compulsory
union membership requirement. In the
event that no exclusion is requested in any group of five new employees in any
such department, the Guild will give favorable consideration to a request from
the Publisher for an added exclusion in any such department at some subsequent
date.
4. In the
event of dismissal by the Publisher of an employee by reason of the
requirements of this Article, the Publisher shall be relieved of all
obligations to such employee under this Agreement as they relate to dismissal
pay and vacation pay.
ARTICLE IV‑‑WAGES
1. GENERAL
INCREASE. All employees earning more
than the minimum wage rate for their classification, based on rates in effect
in the Agreement signed by the parties on September 15, 2008, shall receive
effective December 1, 2009, June 1, 2010, and January 1, 2011, a general
increase that is equal to the appropriate scale increase set out below in the
minimum rate for their classification. Effective June 1, 2010, if, at any time
specified for any general increase, the rate of pay of any employee is more
than 110% of the appropriate minimum wage scale applicable to that employee on
the date such general increase is to become effective, then such employee shall
not necessarily receive a general increase.
2. MINIMUM WAGE
SCALES. In the application of this
Agreement, employees shall be divided into the classifications set forth
below. Employees shall be paid at bi‑weekly
intervals. Effective on the dates
indicated below, the minimum weekly wage for full‑time employees in each
classification, based on their years of experience therein, shall not be less
than set forth in the following minimum wage scale:
|
A. |
Writers,
Reporters, Copy Editors, Photographers, and Graphics Artists: |
|||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
6th Year |
|
8/1/2008 |
|
714.00 |
|
831.00 |
|
949.50 |
|
1,067.50 |
|
1,185.25 |
|
1,344.00 |
|
12/1/2009 |
|
723.00 |
|
841.50 |
|
961.25 |
|
1,080.75 |
|
1,200.00 |
|
1,360.75 |
|
6/1/2010 |
|
730.25 |
|
849.75 |
|
971.00 |
|
1,091.75 |
|
1,212.00 |
|
1,374.50 |
|
1/1/2011 |
|
741.00 |
|
862.50 |
|
985.50 |
|
1,108.00 |
|
1,230.25 |
|
1,395.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B. |
|
Reference
Librarians: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
|
|
|
|
|
|
8/1/2008 |
|
939.00 |
|
1,079.75 |
|
1,137.00 |
|
|
|
|
|
|
|
12/1/2009 |
|
950.75 |
|
1,093.25 |
|
1,151.25 |
|
|
|
|
|
|
|
6/1/2010 |
|
960.25 |
|
1,104.25 |
|
1,162.75 |
|
|
|
|
|
|
|
1/1/2011 |
|
974.75 |
|
1,120.75 |
|
1,180.25 |
|
|
|
|
|
|
|
|
|
|
||||||||||
|
C. |
|
Library
Classifiers and Researchers |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
|
|
8/1/2008 |
|
633.00 |
|
702.00 |
|
770.75 |
|
825.75 |
|
877.50 |
|
|
|
12/1/2009 |
|
641.00 |
|
710.75 |
|
780.50 |
|
836.00 |
|
888.50 |
|
|
|
6/1/2010 |
|
647.25 |
|
718.00 |
|
788.25 |
|
844.50 |
|
897.25 |
|
|
|
1/1/2011 |
|
657.00 |
|
728.75 |
|
800.00 |
|
857.00 |
|
910.75 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
D. |
|
Photo
Lab Assistants: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
|
|
8/1/2008 |
|
630.50 |
|
726.25 |
|
821.25 |
|
917.00 |
|
1,043.75 |
|
|
|
12/1/2009 |
|
638.50 |
|
735.25 |
|
831.50 |
|
928.50 |
|
1,056.75 |
|
|
|
6/1/2010 |
|
644.75 |
|
742.75 |
|
839.75 |
|
937.75 |
|
1,067.25 |
|
|
|
1/1/2011 |
|
654.50 |
|
753.75 |
|
852.50 |
|
951.75 |
|
1,083.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
F. |
|
Receptionists,
Typists, Clerks: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
|
|
8/1/2008 |
|
599.25 |
|
624.75 |
|
649.50 |
|
675.50 |
|
718.00 |
|
|
|
12/1/2009 |
|
606.75 |
|
632.50 |
|
657.50 |
|
684.00 |
|
727.00 |
|
|
|
6/1/2010 |
|
612.75 |
|
639.00 |
|
664.25 |
|
690.75 |
|
734.25 |
|
|
|
1/1/2011 |
|
622.00 |
|
648.50 |
|
674.25 |
|
701.25 |
|
745.25 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H. |
|
Asst.
News Editors, Assist. City Editors, Team Leaders, Asst. Sports Editors, Asst.
Features Editors, Copy Desk Chiefs, Photo Editor, Sunday Editor, Design
Director, State Editor, Travel Editors, Books Editor, Culture Editors,
Support Staff Leader, Assistant Design Directors, StarTribune.com Design
Editor. |
||||||||||
|
|
|
1st year |
|
|
|
|
|
|
|
|
|
|
|
8/1/2008 |
|
1,481.75 |
|
|
|
|
|
|
|
|
|
|
|
12/1/2009 |
|
1,500.25 |
|
|
|
|
|
|
|
|
|
|
|
6/1/2010 |
|
1,515.25 |
|
|
|
|
|
|
|
|
|
|
|
1/1/2011 |
|
1,538.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
I. |
|
Sales
Development/Promotion Coordinators and Copy Specialists: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
6th Year |
|
8/1/2008 |
|
714.00 |
|
831.00 |
|
949.50 |
|
1,067.50 |
|
1,185.25 |
|
1,344.00 |
|
12/1/2009 |
|
723.00 |
|
841.50 |
|
961.25 |
|
1,080.75 |
|
1,200.00 |
|
1,360.75 |
|
6/1/2010 |
|
730.25 |
|
849.75 |
|
971.00 |
|
1,091.75 |
|
1,212.00 |
|
1,374.50 |
|
1/1/2011 |
|
741.00 |
|
862.50 |
|
985.50 |
|
1,108.00 |
|
1,230.25 |
|
1,395.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
J. |
|
Metro
Circulation District Managers: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
6th Year |
|
8/1/2008 |
|
701.75 |
|
792.25 |
|
873.50 |
|
955.00 |
|
1,038.75 |
|
1,239.25 |
|
12/1/2009 |
|
710.50 |
|
802.25 |
|
884.50 |
|
967.00 |
|
1,051.75 |
|
1,254.75 |
|
6/1/2010 |
|
717.75 |
|
810.25 |
|
893.25 |
|
976.50 |
|
1,062.25 |
|
1,267.25 |
|
1/1/2011 |
|
728.50 |
|
822.25 |
|
906.75 |
|
991.25 |
|
1,078.25 |
|
1,286.25 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
K. |
|
Designers
and Layout Editors, including Page One Designers: |
||||||||||
|
8/1/2008 |
|
750.50 |
|
873.50 |
|
998.25 |
|
1,122.25 |
|
1,246.00 |
|
1,412.75 |
|
12/1/2009 |
|
760.00 |
|
884.50 |
|
1,010.75 |
|
1,136.25 |
|
1,261.50 |
|
1,430.50 |
|
6/1/2010 |
|
767.50 |
|
893.25 |
|
1,020.75 |
|
1,147.75 |
|
1,274.25 |
|
1,444.75 |
|
1/1/2011 |
|
779.00 |
|
906.75 |
|
1,036.25 |
|
1,164.75 |
|
1,293.25 |
|
1,466.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
N. |
|
News
Assistants: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
|
|
8/1/2008 |
|
633.00 |
|
702.00 |
|
770.75 |
|
825.75 |
|
877.50 |
|
|
|
12/1/2009 |
|
641.00 |
|
710.75 |
|
780.50 |
|
836.00 |
|
888.50 |
|
|
|
6/1/2010 |
|
647.25 |
|
718.00 |
|
788.25 |
|
844.50 |
|
897.25 |
|
|
|
1/1/2011 |
|
657.00 |
|
728.75 |
|
800.00 |
|
857.00 |
|
910.75 |
|
|
|
T. |
|
Graphics
Composition Technician: |
||||||||||
|
|
|
1st year |
|
2nd Year |
|
3rd Year |
|
4th Year |
|
5th Year |
|
|
|
8/1/2008 |
|
865.00 |
|
931.00 |
|
997.25 |
|
1,063.50 |
|
1,129.00 |
|
|
|
12/1/2009 |
|
|
942.75 |
|
1,009.75 |
|
1,076.75 |
|
1,143.00 |
|
|
|
|
6/1/2010 |
|
884.50 |
|
952.00 |
|
1,019.75 |
|
1,087.50 |
|
1,154.50 |
|
|
|
1/1/2011 |
|
897.75 |
|
966.25 |
|
1,035.00 |
|
1,104.00 |
|
1,171.75 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3 (a). The night rates for classifications A, B, C, D, F,
H, K, N and T shall be determined by adding to the appropriate day rates the
amounts set opposite each of said classifications as set forth.
|
A&I |
A: Writers, Reporters, Copy Editors, Photographers, and
Graphics Artists: I: Sales
Development/Promotion Coordinators and Copy Specialists: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
8.50 |
8.50 |
8.50 |
11.65 |
11.65 |
13.80 |
|
B |
Reference Librarians: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
10.25 |
10.25 |
10.25 |
|
|
|
|
C |
Library Classifiers and Researchers: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
6.95 |
6.95 |
6.95 |
8.30 |
8.30 |
|
|
D |
Photo Lab Assistants: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
6.55 |
7.65 |
8.60 |
9.70 |
10.90 |
|
|
F |
Receptionists, Typists, Clerks: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
5.55 |
5.75 |
5.95 |
6.15 |
6.55 |
|
|
H |
Asst. News Editors, Asst. City Editors, Team Leaders, Asst.
Sports Editors, Asst. Features Editors, Copy Desk Chiefs, Photo Editors, Sunday
Editor, Design Director, State Editor, Travel Editors, Books Editor, Culture Editors,
Support Staff Leader, Assistant Design Directors, StarTribune.com Design
Editor. |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
15.20 |
|
|
|
|
|
|
K |
Designers and Layout Editors, including Page One
Designers: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
8.90 |
8.90 |
8.90 |
12.25 |
12.25 |
14.50 |
|
N |
News Assistants: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
7.05 |
7.05 |
7.05 |
8.30 |
8.30 |
|
|
T |
Graphics Composition Technician: |
|||||
|
|
1st Year |
2nd Year |
3rd Year |
4th Year |
5th Year |
6th Year |
|
|
8.30 |
8.95 |
9.55 |
10.20 |
10.75 |
|
3(b). News and
Editorial Department employees whose schedule requires them to work after 8
p.m. or before 6 a.m. for an entire work week shall be paid the night rate for
that week. In addition, News and Editorial Department employees whose regular
working schedule consistently requires them to work a shift that extends after
8 p.m. or begins before 6 a.m. shall be paid the night rate for that shift. In
no case shall employees receive the night rate if such hours are overtime hours
compensated for at one and one‑half times the hourly day rate.
4. The
classification into which an employee falls shall be determined by the duties
performed by the employee during the major part of his weekly working
time. If during any week an employee
works one or two full days in a higher classification, he shall be paid at
least the minimum for the higher classification for each of such full days
worked or if he works three or more full days in any such week in a higher
classification, he shall be paid at least the minimum for the higher
classification for the entire week.
(a) An
employee who performs 40 or more hours of higher classification work in the H‑scale
during a two week pay period shall be paid at least the minimum for the H‑scale
for each hour of such work, in addition to the terms described above.
(b) An
employee who performs three or more hours of higher classification work in any
scale other than the H‑scale shall be paid at least the minimum for the
higher classification for each hour of such work, in addition to the terms
described above.
(c) An employee who
is scheduled and/or assigned by the publisher or designated manager to perform
a majority of work in a higher classification during any 26‑week period
shall be reclassified to the higher classification. This provision shall not
apply in those cases where an employee is reassigned temporarily to fill a
vacancy created by a leave of absence, extended sick leave or special project
that extends one month or more. (In such
case, the 26‑week period may be extended to accommodate the duration of
the reassignment so that, in effect, time spent filling such vacancies would
not count against an employee who otherwise might have qualified for a
reclassification.)
In modifying Article IV, Section 4 above, it is understood
that the current practice of hiring and assigning full shifts of work,
including H‑scale work, shall continue.
Further, it is understood that as part of this Agreement,
bargaining unit members occasionally may work in a higher classification
without being compensated at the higher rate for each hour worked, but not a
majority of the time without receiving said higher rate, according to the terms
described herein.
5. There
will be no reduction in pay for the life of this Agreement, subject to the
following exceptions:
(a) Transfer
from night work to day work.
(b)
Transfer made at the
request of the employee.
(c) Transfer
from a higher-paying classification to a lower-paying classification (i) for
reasons of economy, or (ii) in the event of a transfer for just and sufficient
cause.
(d) A new
pay basis for an employee may be negotiated with the Guild in the event the
employee is transferred to a different position with lesser responsibilities
within the same classification or in the event a reduction in pay is warranted
for just and sufficient cause.
6. All
wage rates set forth in this Agreement are minimum wages; however, nothing
expressed herein shall in any way prohibit the Publisher from recognizing
individual merit by the payment of wages in excess of said minimums to those
employees, who, in the Publisher's judgment, are entitled thereto at such time
and in such amounts as the Publisher shall determine.
ARTICLE V‑‑BEGINNERS AND EXPERIENCE RATINGS
1. In all
classifications herein, proved experience on other daily newspapers, news and
press associations and news picture services, and any other mutually agreed
qualifying experience, shall be given fair consideration, and the number of
years of experience agreed upon between the employee and the Publisher shall be
reported by the Publisher to the Guild in writing at time of hiring.
2. Of the
total number of employees in the News and Editorial Departments, not more than
eight (8) percent shall be of less than one year's experience, except if
persons of more than one year's experience satisfactorily in competence are not
available for any specific situation, the limitation in this section shall not
apply.
3. Of the
total number of Metro District Managers, not more than twenty (20) percent
shall be of less than one year's experience, except if persons of more than one
year's experience satisfactorily in competence are not available, the
limitation in this section shall not apply.
ARTICLE VI‑‑HOURS
1. The
following provisions shall apply to the News, Editorial and Sales
Development/Promotion Departments:
(a) The 40‑hour
week shall apply to all employees in these departments and, except as provided
hereafter, it shall be a five‑day week, the two days off each week to be
consecutive whenever possible.
(b) Except
as provided hereafter, the working day shall consist of not more than eight
hours, to be scheduled within nine consecutive hours.
(c) The
eight‑hour day need not be worked within nine hours by sports reporters
who with the consent of the Guild schedule their own hours.
(d) Suburban
and police reporters may be scheduled to work a four‑day week consisting
of four ten‑hour days, and only work in excess of 10 hours per day or 40
hours per week shall be construed as overtime.
(e) Normal
working days and working hours shall be regularly scheduled thirteen (13) days
preceding the week of operation, and work required at hours not scheduled at
least ten (10) days preceding the week of operation shall be considered
overtime, except that in a major emergency the Guild will waive this
requirement.
(f) All
time actually worked in excess of nine hours per day or 40 hours per week shall
be construed as overtime and shall be compensated for at the rate of time and
one‑half, payable in cash, except that an employee on his own motion, and
if agreeable to the Publisher, may take compensating time off in lieu
thereof. Overtime shall be worked only
when required by the Publisher or authorized by proper supervisors. For time
worked in excess of eight hours but less than nine hours on any given day, the
Publisher may direct the employee to take compensating time off during the week
in which that day occurred or in the following week. The parties agree that
this provision shall be used as a means of controlling overtime costs and not
as a basis for scheduling 9-hour shifts. An employee called back to work after
completing his regular working day, and having left the place of his
employment, shall be paid $2.50 and time and one‑half for actual overtime
worked. When an employee is called to work on his regular day or days off, he
shall receive, as a minimum, pay in an amount equal to eight hours at straight
time. Out‑of‑town assignments shall be considered individually and
on their merits as they concern overtime pay.
(g) The
Publisher shall keep a record of all overtime and shall furnish to the employee
concerned duplicate blanks for reporting such overtime, one copy of which shall
be retained by the employee.
(h) Sections
1(b) and 1(f) of this Article shall not apply in situations in which (1) the
employee requests and the Publisher agrees to a flexible scheduling arrangement
or to an arrangement wherein the employee may work a portion of a shift at
home, or (2) the Publisher makes such a request of an employee and the employee
and Publisher mutually agree to the request. Either the employee or the
Publisher, subject to the scheduling requirements set forth in this Article may
terminate any such flexible scheduling arrangement. At the request of the Guild,
the Publisher shall inform the Guild of any flexible scheduling arrangements
which have been mutually agreed upon.
(i) Subject to approval by the Publisher, employees may reduce
their work week for a designated period not to exceed 12 months. In the
event of a business need, the Publisher may require the employee to return to his
or her former status before the designated period ends. Thirty days prior to
the expiration of the designated period, the employee shall notify the
Publisher if the employee elects to return to his or her former status at the
end of the designated period. If the employee fails to provide such notice or elects
not to return to his or her former status at that time, any future change in the employee’s hours
shall be at the discretion of the publisher.
2. The
following provisions shall apply to the Metro District Managers:
(a) The
regular work week shall consist of five days.
Time worked in excess of 40 hours per week or eight hours per day shall
be compensated at the rate of time and one‑half for actual time worked,
payable in cash, except that an employee on his own motion, and if agreeable to
the Publisher, may take compensating time off in lieu thereof.
(b) Time
spent by Metro District Managers with carriers in supervising recreational
activities and/or in connection with promotional awards shall be counted as
time worked when sponsored and authorized by the Publisher.
(c) Overtime
shall be worked only when authorized by the Publisher.
(d) Normal
working days shall be regularly scheduled twenty days preceding the week of
operation and work required on days not scheduled shall be considered overtime,
except that in a major emergency the Guild will waive their requirement. Normal working hours shall be scheduled
thirteen days preceding the week of operation and work required on days not
scheduled shall be considered overtime, except that in a major emergency the
Guild will waive this requirement.
(e) Employees
shall keep a record, in duplicate, on blanks to be furnished by the Publisher,
showing hours worked each day of the week and total hours worked for the
week. Once a week a copy of such record
of time worked shall be turned in to the Publisher.
(f) The
working day shall consist of not more than eight hours, to be scheduled within
10 consecutive hours and all work in excess of eight hours shall be construed
as overtime.
3. If an
employee is required at any time by the Publisher to start work on any shift
for which he is scheduled within ten (10) hours immediately following the end
of his last scheduled shift worked (excluding any overtime thereon), he shall
be paid time and one‑half for the time worked prior to the lapse of said
10‑hour period. This provision
shall not apply in the circumstances where an employee schedules his own hours
with the consent of the Publisher and the Guild.
4. Those
copy editors, page layout editors and wire editors who, consistently, work full
shifts for the entire work week editing copy or performing layout work at a
computer terminal shall, during the term
of this Agreement, receive during each day at the work place, at least two (2)
separate breaks. The breaks shall total
one and one‑half hours (1 1/2) hours duration, including the meal
break. The scheduling and timing of
breaks shall be at the discretion of the Publisher and the Publisher shall
designate those employees eligible for breaks.
Employees receiving work breaks as set out herein shall
receive such breaks except when manpower shortages, major news events, severe
weather problems or other similar emergencies make the granting of such breaks
incompatible with the production requirements of the newspaper.
The total length of the work day shall not be altered and
employees receiving such breaks are subject to the normal scheduling, overtime
and other provisions set out elsewhere in this collective bargaining
agreement. The employees who receive
work breaks as provided herein will vary depending upon whether or not their
jobs entail continuous work on computer terminals over a period of time.
ARTICLE VII‑‑HOLIDAYS
1. There
shall be eight (8) recognized holidays: New Year’s Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day and Christmas Day (or the days officially
celebrated as such) and two floating holidays each calendar year. The dates of
such floating holidays shall be mutually agreed upon by the employee and his
manager or supervisor. The employee's floating holidays may not be
carried over from year to year but must be used during the year they occur.
2. Holiday
shifts shall be the day shift worked on the day of observance. The night holiday shift shall be the night of
the day of observance; except, Christmas and New Year's shall be celebrated, on
the nightside, on the eve of the holiday.
3. Any
employee whose regular day off falls on such a holiday shall be given a
compensating day off. Any employee who
is required to work on such a holiday shall, in addition to his regular day's
pay, be given a compensating day off and shall be paid one and one‑half
(1½) times his regular rate of pay for any time worked in excess of five and
one‑third (5 1/3) hours on such a holiday. Provided that Metro Circulation District
Managers who work on a holiday may, on appropriate notice, elect to not take
the compensating day off and will then receive an added day's pay at straight‑time
rates in the financial week in which the holiday occurs.
4. No less
than six (6) weeks in advance of each holiday, the Publisher shall post
requests for volunteers to work on holidays, and shall utilize such volunteers,
if the Publisher deems them acceptable to perform the work, when establishing
work schedules for holidays.
ARTICLE VIII‑DISMISSAL PAY
1. Upon
dismissal, except for proven dishonesty or gross neglect of duty, an employee
shall receive cash dismissal pay in a lump sum equal to one week's pay for
employees of twenty‑six (26) weeks' continuous service and one additional
week's pay for each additional twenty‑six (26) weeks of continuous
service or major fraction thereof, up to and including a maximum of forty (40)
week's pay, such pay to be computed at the highest rate of pay received by the
employee during the twelve (12) months immediately preceding his
dismissal. The term gross neglect of
duty shall include, but not be limited to, conduct constituting gross or
repeated insubordination, provided that in cases of this nature, the standards
and concept of gross neglect of duty shall be met. The period of service to be used for
computing dismissal pay under this clause shall include only service rendered
in the employ of the Star Tribune and shall not include service rendered in the
employ of any other person or corporation.
Assignment to Washington Bureau service shall not
constitute a break in employment.
The merger, consolidation, financial reorganization, reincorporation
or change of name of the newspaper does not constitute a severance of
employment, and no dismissal payment shall be made provided the employee is
offered the opportunity of continuing his employment at equivalent salary with
the merged, consolidated, reorganized, reincorporated or newly named newspaper,
and provided further that the record of past service of the employee while
working for the newspaper is recognized and assumed in writing to the employee
and continued by the Publisher of said merged, consolidated, reorganized,
reincorporated or newly named newspaper.
If the Star Tribune should be sold or leased to an outside
interest, then each employee covered by this Agreement, who is at the time of
such sale or lease working for the publication sold or leased, shall have a
period of five days within which to decide whether or not he wishes to continue
as an employee of the said sold or leased publication. If he decides in the affirmative, and upon written
assumption to him of dismissal pay liability by the new owners of said sold or
leased publication for the length of service of the employee while working for
the Star Tribune the liability for dismissal pay upon the part of the Star
Tribune shall terminate and cease. If,
however, said employee concludes that he does not wish to continue working for
said sold or leased publication under its new outside ownership, then said
employee may resign within the five‑day period and his resignation will
in such instance, unless he is thereupon offered work at an equivalent salary,
with continuous service record, on one of the remaining Minneapolis
publications owned by the Star Tribune be construed as dismissal, by the Star
Tribune and dismissal payment will be promptly made.
"Outside interest" is defined as new ownership of
which the major part is held by others than the Star Tribune and individuals
who then are, or immediately prior to the transaction were executives,
employees or stockholders of the Star Tribune.
2. In the
event an employee is dismissed and paid dismissal pay, and is later rehired
before the expiration of the period covered by the dismissal pay, the employee
shall refund the unexpired portion to the Publisher. Thereupon the employee shall resume his
continuous service status as at the date of dismissal. If necessary, such refund may be made in
installments to be determined by mutual agreement.
3. Upon
the death of an employee, the amount of dismissal indemnity he would have been
entitled to upon dismissal, but not exceeding thirteen (13) weeks' pay shall be
paid to his legal beneficiaries, except where group life insurance to which the
Publisher contributes is available.
ARTICLE IX‑‑VACATIONS AND LEAVES
1. Employees
shall accrue vacation at rates based on their length of service (lapsed time
from latest employment date) with the Publisher, as follows:
|
Service Years |
|
Hours of Vacation |
|
Less than three |
|
1 for each 26 worked (80 hours per year) |
|
|
|
|
|
More than three but less than six |
|
1 for each 17.333 worked (120 hours per year) |
|
|
|
|
|
More than six but less than 20 |
|
1 for each 13 worked (160 hours per year) |
|
|
|
|
|
More than 20 |
|
1 for each 10.4 worked (200 hours per year) |
2. Employees
begin accruing vacation on their first day of work for the Publisher. Changes in accrual rates are effective on an
employee's employment anniversary date.
(a) Accrued
vacation shall be placed in each employee's available vacation pool. This amount shall be reflected in hours on
each bargaining unit member's payroll stub.
Each person may accrue up to 150 percent of their annual vacation
amount. Notwithstanding any previous
practice to the contrary, a person may not accrue above that amount. However, as soon as some time is used, a
person again would begin accruing vacation time.
(b) As an example, a
person who is eligible to accrue four weeks of vacation‑‑or 160
hours‑‑in a year, will earn 6.16 hours each payroll period. This will be reflected on the payroll stub as
available vacation. She will be able to
accrue a maximum of 240 hours. At that
point accrual will stop, and she will not earn vacation until some vacation is
used. She will begin to accrue as soon
as she falls under 240 hours during any payroll period. A person eligible to accrue five weeks of
vacation‑‑or 200 hours‑‑in a year, will earn 7.7 hours
each payroll period. He will be able to
accrue a maximum of 300 hours.
(c) Vacation accrual works the same for
part-time employees, and their vacation will be capped based on their standard
work hours and vacation accrual rate. For example, if an employee has 4 years
of service and works a standard 20 hours per week, she can expect to accrue
about 60 vacation hours per year (3 weeks of 20 vacation hours each.) The
employee’s vacation will be capped at 150 percent of the annual vacation amount
of 60 hours. Thus, the vacation cap will be 90 hours for this employee. If a
full-time employee moves to a part-time status, the vacation cap will be
adjusted downward to her new part-time cap. If the employee has already accrued
vacation in excess of the new part-time cap, she will be compensated for the
lost accrued vacation that exceeds the new cap.
(d) If an employee
loses the opportunity to accrue additional vacation time because he or she is
at or near maximum accrual and a manager asks the employee to continue to work
during the period when he or she expected to use vacation time, that employee's
right to be compensated for the lost accrual opportunity will depend upon which
of the following circumstances applies.
(i) If the
employee tells the manager in advance that he or she will lose additional
accrued time by working and the manager still decides that employee must work
during that time‑frame, the employee will be compensated for the accrued
time lost.
(ii)
If an employee tells
the manager, after the fact, that he or she lost accrued vacation time because
he or she was unable to take any time off, that employee will not be
compensated for the lost opportunity to accrue time.
3. Vacations
shall be taken on consecutive days within the same or during consecutive weeks
unless otherwise agreed to by the Publisher.
4. Vacation
schedules shall be drawn up and posted by the Publisher, and the Publisher
agrees that no employee shall be required to take a vacation on less than sixty
(60) days' notice. If there is a
recognized holiday during the time a regular full‑time employee is on
vacation, he shall be granted, at the option of the Publisher, either an
additional day's pay or a compensating day off with pay.
5. If an
employee's employment terminates, he shall be paid for any vacation not yet
taken to which he is then entitled based on his credits for continuous service
and employment, up to the date of his termination of employment.
6. Employees
accrue vacation during their first six months of work, but these hours are not
available for use until the employee has six months of service. Employees with at least six months of service
who are terminating employment will be paid for any accrued unused vacation.
7. By
arrangement with the Publisher, an employee may be granted a leave of absence
without pay not to exceed one (1) year unless otherwise agreed to. Upon adequate notice, a leave of absence
without pay shall be granted, not to exceed one (1) year unless otherwise
agreed to, for an employee to fulfill his duties as delegate or officer of the
Guild or any labor organization with which the Guild is affiliated. Parenting leave, without pay, for a dependent
newborn or newly adopted child, will be granted in accordance with the
established policy of the Publisher and in accordance with applicable state and
federal law. Star Tribune policy recognizes same sex domestic partner as
eligible family members for whom a leave for family care may be taken.
8. An
authorized leave of absence shall not be considered as an interruption of an
employee's record of continuous service with the Publisher, but the period of
time on leave shall not be construed as service time in the determination of an
employee's credits for experience, dismissal pay, vacation and other benefits
based on actual time worked.
9.
a) Effective 2004
Full-time employees shall receive 80 hours of sick time for use during each
calendar year, credited to them each January 1. New, full-time employees are
credited with 1/12 of the annual sick time allotment for each month worked in
first year.
Part-time
employees, who are regularly scheduled to work 20 or more hours per week, are
credited with a pro-rated amount of sick time each January 1, based on their
standard work hours on January 1. For example, an employee with 20 standard
work hours will receive 40 hours of sick leave for the year. New part-time
employees hired after January 1 are credited with 1/12 of their sick time
allotment in the same manner as full-time employees, based on the employees’
standard work hours at their hire date.
These
sick time hours are available for use immediately. At the end of a calendar
year, unused sick leave time cannot be carried over.
If
an employee changes status (e.g. full-time to part-time) or standard hours
during the year, his/her sick time allotment will change on January 1 of the
following year.
Sick
time hours can be used for both personal and family illnesses, including those
of a child, parent, spouse or same sex domestic partner.
Employees
receiving sick pay for any reason may be required to submit medical evidence
that they are not able to work.
b)
For extended illnesses
beyond 7 days, eligible employees may receive 100% of their base pay for up to
26 weeks as an extended illness benefit, upon approval by a third party
administrator. The third party administrator determines whether an extended
illness qualifies for payment under this benefit. Requests for extended illness
payment shall follow the established policy of the Publisher. Upon certification
of the extended illness by the third party administrator, the first 7 days of
an extended illness shall be restored to the employees annual sick time.
Absences
due to pregnancy or childbirth shall be compensated for on the same basis and with
the same limitations as are other forms of sickness. Employees who are on a
leave of absence are not eligible for sick pay while on such leave of absence.
Sick leave shall not be deducted from accrued overtime.
10. An
employee who is a reservist in the armed forces shall be entitled to such leave
of absence without pay as is made necessary by orders to which he is subject,
and such leave of absence shall not affect vacation credits earned prior to his
leaving.
11. If a
death occurs in his immediate family, a regular full‑time employee shall
be entitled to funeral leave under the following conditions:
(a) Immediate
family shall mean the employee’s spouse, same sex domestic partner, child or
step-child, parent, father-in-law, mother-in-law, sibling or step-sibling.
(b) Funeral
leave shall be limited to the three days immediately following the date of the
death and includes the employee's off days, if any, falling on such days.
(c) The
employee shall be paid at his regular straight‑time pay for each day not
worked which he would have been normally scheduled to work during such leave.
ARTICLE X‑‑MILITARY AND GOVERNMENT SERVICE
1. Any
employee, having a position other than a temporary one, who leaves such
position to perform active service in the armed forces, or to perform
compensatory service in lieu of military service, or who is required by law to
serve the government of the United States shall, if still qualified to perform
the duties of such position upon his return from such service, be granted the
same position or a position comparable in character and pay provided he makes
application for reemployment with the Publisher within ninety (90) days after
he is relieved from such service, unless the Publisher's circumstances have so
changed as to make it impossible or unreasonable to do so.
Upon returning to his duties with the Publisher, the
employee shall be restored in such manner as to give him such status in his
employment as he would have enjoyed if he had continued in such employment
continuously from the time of his entering such service, until the time of his
restoration to such employment unless otherwise agreed upon.
The Publisher is not obligated to rehire any replacement
who also entered the armed forces, but the Publisher shall give any such
replacement, who nevertheless is rehired, the same treatment as to dismissal
pay and experience rating it gives regular employees.
Application for resumption of employment must be made
within ninety (90) days of termination of such service, making reasonable
allowance for return to place of employment.
Voluntary continuation in such service beyond such time as an option of
release from service is offered shall forfeit the right of return to
employment.
In the event that a war emergency creates the necessity for
the elimination of a department, thereby abolishing positions previously held
by employees called into service, the parties shall enter into negotiations
looking toward formulation of a mutually satisfactory supplement to the above
section of the Agreement that will provide for such a contingency.
2. A
regular employee promoted to take the place of one entering military service
may, upon the return of the latter, be returned to his former position or other
work at pay comparable to that of his former position. Any regular employee so promoted, and while
such promotion is temporary, shall continue to receive credit in his experience
rating for his employment in the position from which he was promoted. In the event of subsequent permanent change
in employment and consequent change of classification, the employee shall
receive full credit in his experience rating in such new classification for the
period in which he already has been engaged in such new classification.
3. An
employee hired as a replacement for one entering military service shall be
considered a temporary employee but shall be covered by the provisions of this
agreement applicable to the employee he replaces.
4. An
employee hired as a replacement for one entering military service or discharged
under government requirements will receive first consideration in the filling
of vacancies not caused by such service leave, and, if displaced by return of
an employee from such service, he will be given consideration when vacancies
occur, qualifications being adequate in the judgment of the Publisher.
ARTICLE XI‑‑STANDING COMMITTEE‑ARBITRATION
1. The
Guild, may designate a committee of its own choosing to take up with the
Publisher's representatives any matter arising from the application, interpretation
of or adherence to the terms and provisions of this Agreement or affecting
relations of the employees and the Publisher during the term of the
Agreement. Such matters shall be taken
up with the Publisher's representatives within One Hundred Eighty (180) days
after the event in question is known, or should have been known to the Guild.
2. The
Publisher's representatives shall meet with the standing committee within seven
(7) days after receipt of a written request for such meeting.
3. In the
event of a dispute having to do with the application, interpretation of or
adherence to the terms and provisions of this Agreement only, which cannot be
satisfactorily adjusted by negotiations between the Guild and the Publisher at
the written request of either the Guild or the Publisher served on the other,
such dispute shall be referred to an arbitration board consisting of two (2)
members to be selected by the Publisher and two (2) members to be selected by
the Guild. This arbitration board of
four (4) members shall meet within (7) working days of the time the arbitration
of any dispute or grievance is requested in writing.
4. If the
arbitration board or a majority of the members thereof cannot agree on a
decision to such dispute or grievance within three (3) working days then it
shall select a fifth (5) member who shall serve as an impartial chairman. If the arbitration board fails to agree upon
the fifth (5) member within three (3) working days then the Guild and the
Company shall, by joint letter, request the Director of the Federal Mediation
and Conciliation Service, to submit a panel list of seven (7) names of
arbitrators. If either of the parties
refuse or fails to join in such letter, then the other party may make such
written request to the Director of the Federal Mediation and Conciliation
Service, concurrently mailing a copy thereof to the other party. Within five (5) working days after receipt of
said panel list, representatives of the parties shall meet and select from such
list one person to serve as a neutral arbitrator and chairman of the board of
arbitration. Such selection shall be
made in the following manner: The party
who filed the grievance shall strike the first name and the other party shall
then strike the second name; the parties shall then alternately strike until
one name remains. The name remaining
shall then be the neutral arbitrator.
The Guild and the Publisher shall each be entitled to
reject up to one (1) arbitration panel on their individual motion.
5. The
costs of such arbitration shall be borne equally by the parties except that no
party shall be obligated to pay any part of the cost of a stenographic
transcript without express consent.
6. On the
motion of either party and with the concurrence of the other party, a grievance
shall be submitted to Advisory Arbitration and the arbitration procedures
contained in Section 4 of this Article shall be temporarily suspended. An advisory arbitration shall be conducted in
the following manner: (a) Selection of
the arbitrator shall be in accordance with the procedures set forth in Section
4 of this Article. (b) The parties will
attempt to reach stipulations on as many factual questions as possible prior to
the hearing. (c) The Hearing shall be
informal in nature. No transcript shall
be made. The parties shall not use
outside attorneys in the arbitration and no briefs shall be filed. (d) The arbitrator shall advise the parties
within 24 hours of the hearing's completion on how he or she would rule on the
issue had it been submitted for final and binding arbitration. (e) Such advice of the arbitrator may be
either written or unwritten, but any written advice shall be limited to one
page. (f) It is understood that any
opinion issued by and arbitrator in an advisory arbitration has no precedential
value and may not be used in any other proceeding. (g) Both parties reserve the right to reject
the arbitrator's advice and may proceed to final and binding arbitration in
accordance with Section 4 of this Article.
The cost of such arbitration shall be borne equally by the
parties.
ARTICLE XII‑‑INTRODUCTION OF NEW EQUIPMENT
The Publisher and the Guild have reached certain agreements
concerning the introduction of new and substantially different equipment.
The understandings are as follows:
1. The
Publisher will give the Guild at least 90 days written notice (hereafter called
"first notice") prior to the installation of any new and
substantially different equipment (hereinafter called "equipment") to
be used in the performance of work normally performed by employees covered by
the Agreement.
2. The
term "employee" shall mean only a regular full‑time employee
who is: (a) employed by the Publisher at
the time the first notice is given, and; (b) covered by the Agreement.
3. If the
Publisher contemplates that as a result of the operation of any such equipment
the employment of any employee is likely to be terminated, the Publisher shall
also so state in the first notice to the Guild.
If the Publisher so states in the first notice to the Guild, then any
time within 30 days after receipt of such notice, the Guild may request
negotiations concerning questions of the termination of employment or
conditions of termination of employment of any employee and the parties shall
immediately commence negotiations on such question.
4. If the
Guild has requested negotiations as provided above and if within 60 days
following the date the Guild receives the first notice, the parties have been
unable to agree in negotiations on the questions of termination or conditions
of termination of any employee as a result of the operation of such equipment,
then:
(a) Either
party may suggest arbitration of the question and if the other party agrees to
arbitration, arbitration shall then proceed as provided in Article XI of the
Agreement.
(b) If
arbitration is not requested or is not agreed to by both parties within 10 days
following the 60 day period allowed for negotiations, then the Publisher may,
at any time thereafter, give written notice to the Guild (hereafter called the
"second notice") that not less than 60 days thereafter the Publisher
intends to terminate the employment of any employee as a result of the
operation of such new equipment.
5. If the
Publisher gives the second notice then the Guild shall have the right at any
time within 7 days of receipt of such second notice to submit questions of the
term of employment or conditions or termination of any employee, as a result of
the operation of such equipment to final and binding arbitration in accordance
with the provisions of Article XI of the current collective bargaining
agreement. For purposes of this
paragraph, the procedures of Article XI shall be considered to begin with a
meeting of the arbitration board of four members as provided in paragraph 3 of
Article XI and such board will meet within 3 days after the Guild has notified
the Publisher that it wishes to arbitrate the issue or issues in question.
6. In any
event, the employment of any employee shall not be terminated as the result of
operation of such equipment except:
(a) If the
Publisher has stated in the first notice to the Guild that the Publisher
contemplates that the employment of any employee is likely to be terminated and
the Guild has failed to request negotiations as provided in paragraph 3 above,
or
(b) Pursuant
to any agreement reached in negotiations between the parties, or
(c) Pursuant
to an arbitrator's decision, or
(d) Pursuant
to and at the time specified in the second notice.
7. In any
negotiations or arbitration or on any reopening
of this Agreement, the only questions shall be the termination of
employment or conditions of termination of employment of any employee as
defined in paragraph number "2" above. The right of the Publisher to install such
equipment and to place such equipment in operation any time 90 days after the
Guild has received the first notice shall not be restricted or impaired.
8. Nothing
herein shall impair or limit the right of the Publisher, at any time, to
dismiss any employee in accordance with the provisions of Article XIII of the
Agreement.
ARTICLE XIII‑‑DISMISSALS, PROMOTIONS AND
TRANSFERS
1. There
shall be no dismissals except for just and sufficient cause or for reduction of
the force for reasons of economy except that the first three (3) months of
employment shall be a probationary period during which a new employee may be
dismissed at the option of the Publisher.
2. The
Publisher shall not dismiss any employee without giving him and the Guild
notice thereof in writing. Such notice
shall be given at least fifteen (15) days prior to the date of dismissal,
except that no advance notice need be given if an employee is dismissed for
proven dishonesty or gross neglect of duty.
If requested by the employee, the Publisher shall, upon dismissal of
said employee, furnish him with a written statement of the reason for
dismissal.
3. During
the life of this Agreement, dismissals for reduction of the force for reasons
of economy shall be accomplished by the Publisher first offering voluntary
separation packages to employees within the job titles where, in the
Publisher’s sole judgment, reductions are required. The terms of such a
separation package shall at a minimum be the equivalent of dismissal pay as
specified in Article VIII, Section 1. Employees shall have, at a minimum, a
14-day window in which they may elect to request a separation package. If more
employees elect to request a separation package than the number of packages
available, then employees will be selected to receive the package on the basis
of seniority. If an insufficient number of employees in one or more job titles
accepts the voluntary separation packages, the Publisher may then dismiss
employees within those specific job titles in inverse order of seniority, with "seniority"
being defined as length of service with the Publisher. For the purpose of
dismissals under this provision, “job titles” are defined as the pay
classifications listed in Article IV, Section 2, except that the “A”
classification shall be divided into three subgroups: (a) reporters, columnists
and editorial writers; (b) copy editors, and (c) photographers and
videographers. Graphics artists in the “A” classification shall be grouped with
designers in the “K” classification for purposes of this paragraph only.
4. If an
employee is dismissed, he or the Guild shall have the right to question such
dismissal within 60 days after notice thereof has been sent. If a dismissal is so questioned,
representatives of the Publisher shall promptly review such dismissal with the
employee and representatives of the Guild.
All reviews concerning dismissals shall be conducted as promptly as
possible.
5. Any
Guild-represented employee who is dismissed because of reduction of the force
for reasons of economy, suspension or reorganization of a department or
abolition of a job, shall for one (1) year thereafter, upon his or her written
request, have his or her name included in a rehiring pool and during such year
be given first consideration whenever the Publisher is filling a position for
which he or she is qualified. At the expiration of one (1) year and upon
written request from the employee, the rehiring pool may be extended for an
additional six (6) months. Individuals in the rehiring pool shall receive first
consideration on the basis of seniority, as defined in Section 3 above. A former employee need not be considered for
reemployment if he or she once refuses an offer for reemployment or if he or
she cannot be available for work within thirty (30) days after he has been
offered reemployment. To maintain his or her status in the rehiring pool, a
former employee is responsible for notifying the Publisher of any changes in
his or her address or other contact information.
6. In the
event of consolidation, sale or suspension of the newspaper, the Publisher
agrees that, when filling vacancies or adding to its staffs in departments
within the jurisdiction of this Agreement, it will, so far as possible, draw
from a list of those left unemployed thereby who are, in the Publisher's
judgment, qualified for the new positions.
7. The Publisher reserves the right to
offer voluntary separation packages for the termination of employment by
employees covered by this Agreement. The frequency, timing and amount of any
such packages shall be at the sole discretion of the Publisher. In addition,
the Publisher shall have the sole discretion to decide to whom any particular
voluntary separation package will be offered.
8. Upon
resignation, an employee shall give the Publisher notice thereof in writing at
least fifteen (15) days prior to leaving the employment of the Publisher unless
the Publisher waives the requirement of such notice.
9. If an
employee is transferred to a new position, the Publisher shall determine within
ninety (90) working days after said transfer whether or not the employee is
competent to fill such position. If the
Publisher determines that the employee is not competent in his new position,
the employee shall be so advised within said 90‑day period and he shall
thereupon be returned to his former position or a position with duties and
salary comparable to that formerly held.
10. New
positions established within the Guild's bargaining unit or vacancies which
occur in present positions, which the Publisher decides should be filled, will
be prominently posted for not less than ten (10) calendar days. Any employee wishing to transfer from one
department to another will be given first consideration when openings occur,
qualifications being adequate in the judgment of the Publisher.
The Publisher will, prior to making the transfer decision,
consult with employees who are being considered for transfer to other
positions. Employees who are transferred
to such positions within the jurisdiction of the Newspaper Guild shall receive
written notice of such transfer not less than seven (7) calendar days prior to
the specified effective date and such written notice shall include the reason
why the Publisher has elected to make such transfer.
In the event that the Publisher provides such notice with
less than seven (7) calendar days notice, the effective date of the transfer
shall be delayed until seven (7) days have passed since receipt of notice by
the employee.
11. (1) Employees in Wage Classifications B,
C, D, F, and N shall be given first consideration for promotion to positions
requiring minimal experience, qualifications being adequate in the judgment of
the Publisher.
(2) When so
promoted, they shall receive credit for experience for that time worked in the
classification to which they have been promoted, if any.
(3) When so
promoted, an employee shall in no case be paid less than his or her previous
position.
Part‑time employees shall be given first
consideration for full‑time openings that occur in the same job
classification, qualifications being relatively equal to other applicants in
the judgment of the Publisher.
12. No
employee will be transferred to work outside the 7-county Twin Cities
metropolitan area without his consent and payment of all transportation and
other moving expenses of his family. An
employee shall have the right to refuse transfer to residence outside the
7-county Twin Cities metropolitan area without prejudice to his employment.
ARTICLE XIV‑‑EXPENSES AND MILEAGE
1. The
Publisher shall reimburse an employee for legitimate reasonable expenses
incurred by him in services authorized by the Publisher. The Publisher shall continue to furnish
employees with equipment with which they have been furnished in the past.
2. An
employee shall be paid at the IRS per mile rate in effect as of the date that
the employee accumulates the mileage for the use of his automobile for any
services authorized by the Publisher.
Any employee authorized by the Publisher to have his
automobile available for full‑time use during his working hours who
receives less than 100 times the IRS per mile rate in mileage payments for a
one‑week period shall be paid the difference between 100 times the IRS
per mile rate and his actual mileage payments for such period. The minimum payment of 100 times the IRS per
mile rate for each one (1) week period shall be prorated if an automobile is
authorized and is available for full‑time use for a shorter period of
time than one (1) week.
3.
Seniority (service
with the Publisher) will ordinarily determine the distribution of open parking
spaces and changes in parking assignments except that, legitimate safety
considerations will take precedence over seniority in making such decisions.
The seniority and safety criteria will apply to all Star Tribune employees.
(a)
All Guild employees
who have a parking spot will pay for that spot. Photographers will pay 80
percent of the general employee rate.
(b)
All parking revenue,
including revenue from renting spaces to the public, will be applied only to
parking expenses, including maintenance, taxes, salaries, etc. Any surpluses
accrued in any year will be used to offset costs in the future years. The
Publisher will provide financial information concerning parking to the Guild at
least quarterly.
(c)
Parking fees will be paid
through payroll deduction.
(d)
An ongoing parking
committee with Guild participation (pursuant to agreement on worker
participation/employee involvement) will recommend future parking rates,
consistent with the method used for determining rates; i.e., maintaining
revenues sufficient to cover operating expenses and real estate taxes. The
ongoing parking committee will continue to address all issues as they relate to
parking.
4. The base rate for amortization of
photographers’ equipment shall be governed by the Publisher’s Revised Photo
Amortization Plan.
ARTICLE XV‑‑PART‑TIME AND TEMPORARY
EMPLOYEES
This Agreement shall apply to part‑time and temporary
employees as follows:
1. A
temporary employee shall be one who is hired for a specific assignment, or for
a specific period to time not to exceed six (6) months, and who is designated
as a temporary employee at the time of hiring.
The Guild shall be notified by the Publisher of the hiring
or use of temporary full or part‑time employees in excess of five (5)
days.
The Guild shall also be informed of the reason for such
hiring.
2. Articles
I (Exceptions), XI (Standing Committee – Arbitration), XIV (Expenses and
Mileage), XVI (Picket Lines), and XVII (Writers and Photographers) shall apply
to all regular part‑time and temporary employees. Article III (Union Security) shall apply to
all regular part‑time employees.
Article IV (Wages) shall apply to all part‑time and temporary
employees except that they shall be paid and advanced in their classification
the same as full‑time employees but proportionate to time worked. Section
1 of Article V (Beginners and Experience Ratings) shall apply to all part‑time
and temporary employees.
3. Article
VI (Hours) shall apply to part‑time and temporary employees except that
any employee working less than forty (40) hours a week shall not be entitled to
overtime or callback pay for unscheduled work performed with the employee's
consent or at his request, provided that part‑time and temporary
employees shall be paid time and one‑half for all time worked in excess
of eight (8) hours per day and forty (40) straight‑time hours per week.
4. Part‑time
and temporary employees shall be paid time and one‑half for all worked
performed on Holidays recognized in this Agreement.
Part‑time and temporary employees who work 20 or more
hours a week and whose regular day off falls on a holiday shall be given a
compensating day off. Part‑time
and temporary employees who work 20 or more hours a week and who are required
to work on a holiday shall, in addition to being paid one and one‑half
times his or her regular day's pay, be given a compensating day off.
Article VII (Holidays) shall apply to any full‑time
temporary employee who is employed for thirteen (13) or more consecutive weeks.
5. Article IX (Vacations and Leaves)
shall apply to all part‑time employees as described therein. Temporary employees are not eligible for
vacation or sick pay..
6. Part‑time
employees who immediately preceding dismissal have served continuously one (1)
year or more on regular schedules of twenty (20) hours or more a week shall be
entitled to dismissal pay benefits as provided herein but in proportion to time
worked.
7. Article
X (Military and Government Service) shall apply to all part‑time
employees.
8. Section
1 of Article XIII (Dismissals, Promotions and Transfers) shall apply to all
part‑time and temporary employees. Article XIII shall apply to any
regular part‑time employee who has been employed at a work week normally
consisting of twenty (20) or more hours for thirteen (13) or more consecutive
weeks.
ARTICLE XVI‑‑PICKET LINES
1. An
employee shall not be required to go through picket lines established by a
union on strike sanctioned by its international union, when such sanction is
required, provided recognition of such picket line has been ordered by the
Guild's Representative Assembly after consultation or request for consultation
with the Publisher. The request for
consultation shall be granted within 24 hours.
The Publisher shall not be required to compensate an employee for time
lost through failure to pass a picket line.
2. Notwithstanding
the provisions above, the Publisher hereby agrees that in the event the Guild
elects to honor or respect a picket line of another union engaged in a strike
against the Publisher, employees covered by the Guild contract may, during the
period of any such strike, engage in any activities except the following:
(a) For the
first 45 days after the strike begins, they may not work for any daily
newspaper published or printed within Hennepin, Ramsey, Anoka, Dakota and
Washington counties. A daily newspaper
shall be any newspaper which is published five or more days each week.
(b) After
the 45th day, no more than thirty (30) employees of the Publisher covered by the
agreement between the Publisher and the Guild shall work for any daily
newspaper published and printed within the limits of the counties designated
above.
(c) Neither
of the foregoing limitations shall apply to work for any newspaper or
publication which commences publication as a result of and during the strike
and which is entirely owned and published by one or more unions representing
employees employed by the Publisher.
ARTICLE XVII‑‑WRITERS AND PHOTOGRAPHERS
The Publisher may assign reporters to take pictures, make audio
recordings and shoot video and may assign photographers to make audio
recordings, shoot video and gather information for photo cutlines. Photographers
are expected to obtain the correct names of persons in pictures for use in cutlines,
when a reporter is present; and, when a reporter is not present, to bring back
information for cutlines. In addition, other
Newsroom employees may be assigned multimedia reporting and editing
responsibilities.
The Publisher will strive to provide Guild-represented
employees the necessary training and equipment to perform such multimedia work.
A
reporter’s competence shall be judged by his or her writing and reporting
skills; likewise, a photographer’s work shall be judged by his or her photo skills.
However, the performance of any Newsroom employee may be judged in part by the
employee’s participation in training to develop new multimedia skills, with the
understanding that the employer will make time available for such training.
ARTICLE XVIII‑‑OUTSIDE WORK
1. (a) An employee shall be free to engage
in any activities or services during such time as he is not required to work
for the Publisher, provided such activities or services (i) do not interfere
with or are not inconsistent with the performance of his duties as an employee
of the Publisher; or (ii) are not performed for other newspapers or magazines
published on a daily, semi‑weekly, weekly or bi‑weekly basis in
Minnesota, or for radio stations or cable or broadcast television stations
originating in Minnesota, or for the World Wide Web sites associated with such
publications or stations, or for other commercial news- and/or sports oriented
Web sites with a majority of their content originating in or related to
Minnesota.
(b) It is
recognized that an employee may engage in some activities or work restricted by
(ii) above, provided the employee has informed the Publisher and the Publisher
has approved of the proposed activity or service in advance. Such notification shall be in writing and shall
include the name of the prospective employer or party for whom such services or
outside activities will be performed and an accurate description of the duties
to be performed in such outside activities or services.
(c) If, with the approval of the Publisher,
an employee enters into an agreement to appear on any broadcast or cable
television station or radio station based in Minnesota, as part of such
agreement the employee shall request that he be introduced during such
appearances as an employee of the Publisher (i.e., Star Tribune staff writer or
Star Tribune sports columnist.)
(d) No
employee shall exploit his affiliation with the Publisher without permission
from the Publisher.
(e) If an
employee refuses to comply with this section, the Guild shall be so
notified. Continued refusal by the
employee to comply shall constitute grounds for dismissal, and in the event of
such dismissal, the Publisher shall be relieved of all obligations to such
employee under this Agreement as they relate to dismissal pay.
(f) The
Guild and the Publisher jointly recognize their responsibility to maintain the
integrity of their product. The right of
the Publisher to question the propriety of any present or proposed outside
activities or services is recognized by the Guild. The Publisher may require a statement of
present or proposed services by an employee for anyone other than the
Publisher.
(g) Any
matter produced by an employee for one other than the Publisher shall be
submitted to the Managing Editor for approval before publication in any
newspaper of the Publisher.
(h) All
feature matter or pictures produced on the Publisher's assignment and time, or
with the Publisher's equipment or material, shall become the sole property of
the Publisher.
(i) All
orders for any such feature matter or pictures received by any employee shall
be referred to either the Editor, Managing Editor or Editorial Page Editor, who
shall determine the price and arrange for delivery if sale thereof is approved.
ARTICLE XIX‑‑NON‑DISCRIMINATION
1. The
Publisher prohibits discrimination in employment on the basis of race, color,
national origin, religion, marital or parental status, disability, status with
regard to public assistance, political affiliation, sex, sexual orientation or
age. The Guild or the Publisher shall
not discriminate against any employee because of membership or nonmembership in
the Guild or activity therein, or because of any of the other categories set
forth in this paragraph.
2. All
phases of employment are covered by this policy, including but not limited
to: recruiting and recruiting
advertising; testing and hiring; promotion; demotion and transfer; training;
termination; layoff and recall; and compensation.
ARTICLE XX‑‑HEALTH, DENTAL, AND DISABILITY
INSURANCE
1. Medical
Insurance
Guild employees shall be eligible to participate in the
Star Tribune-sponsored hospital-medical-surgical insurance program on the same
basis as non-union employees. The Publisher may change the terms and conditions
of coverage, including but not limited to plan design, premium and cost sharing
arrangements, applicable to bargaining unit members without bargaining with the
Guild as long as any such change is equally applicable to non-union employees,
with these exceptions: (a) for plan year 2009, the Publisher agrees to pay 68
percent of the total projected costs (which include premiums plus deductibles, co-insurance
payments and other out-of-pocket costs), and (b) for plan year 2010, Guild
employees shall pay no more than 25 percent of health insurance premium costs in
the Star Tribune-sponsored plan. This cap shall expire as of December 31, 2010.
The Publisher will be responsible for overseeing the administration of the
plan.
Guild
members shall be eligible to participate in the Star Tribune’s wellness program
on the same basis as non-union employees.
2. Group Disability Insurance
Guild employees shall be eligible to participate in the
Star Tribune long-term disability insurance program through Liberty Mutual,
which provides 30 percent coverage paid in full by the Publisher and an option
for employees to purchase an additional 30 percent coverage at their own cost.
The plan benefit provisions will be the standard Liberty Mutual provisions
offered to Star Tribune non-union employees, except the Guild elimination
period shall remain 26 weeks. The Publisher may change the provider of the
long-term disability insurance plan as long as benefit levels are not
substantially changed. Any change in coverage for non-union employees shall
automatically apply to Guild represented employees.
3. Retiree
Health Insurance
Any employee who is eligible for early retirement in
accordance with the provisions of Star Tribune Retirement Plan G and who
retires under that plan prior to April 1, 2009, and prior to age 65, and who is
a participant in the Star Tribune-sponsored hospital‑medical‑surgical
group insurance plan offered to Guild employees on the day prior to retirement
shall remain eligible to participate in that hospital‑medical‑surgical
plan with the same medical coverage as active employees, and subject to any
changes in the hospital-medical-surgical plan provided to active employees. The
coverage shall continue until said former employee reaches age 65, or becomes
covered by Medicare or becomes covered by another group health plan or policy,
or dies, whichever occurs first. The
Publisher will make the same insurance premium payment for employees who retire
in accordance with this paragraph as the Publisher would make if the employee
had remained actively at work, if such employee is age 60 or more. If such
employee is under age 60, (s)he will be required to pay the entire insurance
premium in order to continue participation in the medical plan. Should the employee/retiree fail to make any
insurance premium payments for which (s)he is obligated, (s)he will no longer
be eligible for coverage and will be terminated from the plan.
This
retiree health insurance provision shall not apply to any employee who retires
on or after April 1, 2009.
4.
Dental Coverage
Guild
employees shall be eligible to participate in the Star Tribune dental program
on the same basis as non-union employees. Any changes in coverage for non-union
employees shall automatically apply to Guild represented employees.
5.
Domestic Partner
Coverage
Star
Tribune-sponsored medical and dental family-plan insurance coverage shall be
available to qualified and eligible same sex domestic partners of employees,
and their children. The said employee must pay the premiums for such coverage
on a post-tax basis. The employee will also be subject to any additional
imputed income incurred. The additional imputed income is the difference
between the Company contribution to the plan for single and family coverage.
The additional imputed income shall be added to the employee’s taxable
compensation for the appropriate year. Additional information concerning the
tax consequences of exercising this option will be available in Human
Resources. Employees must either register their relationship with the city of
Minneapolis, or file an affidavit (with any required supporting documentation)
internally with the Human Resources department at the Star Tribune. Affidavits
are available in the Human Resources Department. COBRA-like coverage shall be
offered to eligible same sex domestic partners on a similar basis as available
to spouses/families of employees but not to exceed eighteen months following a
qualifying event.
ARTICLE XXI‑‑LIFE INSURANCE
1. The Publisher shall provide $5,000
life insurance through Liberty Mutual for all Guild employees who are eligible
to participate in such insurance plan and who are participants therein.
Beginning January 1, 2004, the plan benefit provisions will be the standard
Liberty Mutual provisions offered to Star Tribune non-union employees.
Beginning January 1, 2005, the standard Liberty Mutual age reduction provisions
shall apply to all current and future plan participants, except that no age
reduction shall apply to any Guild employee who is both a plan participant and
age 65 or older on January 1, 2005.
2. Employees may, at their option and
their own cost, purchase additional life insurance in increments of one to two
times one year’s salary for themselves. Beginning on January 1, 2004, the
supplemental life provisions will be the standard Liberty Mutual provisions
offered to Star Tribune non-union employees, which includes the option of
purchasing additional life insurance in increments of one to four times one
year’s salary. Beginning January 1, 2005, the standard Liberty Mutual age
reduction provisions shall apply to all current and future plan participants,
except that no age reduction shall apply to any Guild employee who is both a
plan participant and age 65 or older on January 1, 2005. Unless the employee
purchases the optional coverage when first becoming eligible upon hire, the
employee shall provide satisfactory medical evidence of health for such
additional coverage.
3. Guild
employees also may buy life insurance coverage of one or two times one year’s
salary for a spouse (the spouse shall provide satisfactory medical evidence of
health.) Beginning January 1, 2004, the spousal life benefit provisions will be
the standard Liberty Mutual provisions offered to Star Tribune non-union
employees and will include coverage for same sex domestic partners.
4. The
Publisher may change the provider of life insurance plans as long as benefit
levels are not substantially changed.
5. The
Publisher agrees to provide death and dismemberment insurance under the company
Business Travel and Accident policy for employees while they travel on the
business of the Publisher.
ARTICLE XXII‑‑PENSION AND RETIREMENT
1. The
Publisher and Guild have agreed on the establishment of a Star Tribune
Retirement Plan G effective January 1, 1987.
Plan G has received an IRS determination letter that it is a
"qualified" plan under the Internal Revenue Code and that all
contributions to Plan G are proper business deductions for the Publisher. Plan G must continue to be a qualified
plan. The "Plan Administrator"
of Plan G for legal purposes will be the Publisher. However, the day‑to‑day
administration of the Plan will be the responsibility of a Joint Committee
consisting of three representatives of the Publisher and two representatives of
the Guild.
(a) The formula for Plan G is a Social
Security excess formula:
(1% of Final Average Monthly Earnings up to $1,400 plus
1.5% of Final Average Monthly Earnings over $1,400) multiplied by the number of
years of Credited Service under Plan G (maximum of 30).
The $1,400 integration level is increased each year after
1989 by the ratio of the maximum Social Security wage base for such year to
$48,000.
(b) Final Average Monthly Earnings for
Plan G is 1/12 of the average of Certified Earnings for the best four
consecutive years of active participation out of the last fifteen years.
(c) Regular Retirement Age for Plan G is
as follows:
Employees born before 1938 will have a Regular Retirement
Age of 65
Employees born from 1938 through 1954 will have a Regular
Retirement Age of 66
Employees born after 1954 will have a Regular Retirement
Age of 67.
(d) Early
Retirement Factors are as follows:
SERVICE
|
AGE |
25
or More |
24 |
23 |
22 |
21 |
10‑20 |
|
NRA‑1 NRA‑2
NRA‑3 NRA‑4 NRA‑5
NRA‑6 NRA‑7 NRA‑8
NRA‑9 NRA‑10 NRA‑11
NRA‑12 |
100 100 100 100 100 94 88 82 76 70 64 58 |
100 100 100 100 98 92 86 80 74 68 62 56 |
100 100 100 98 96 90 84 78 72 66 60 54 |
100 100 98 96 94 88 82 76 70 64 58 52 |
100 98 96 94 92 86 80 74 68 62 56 50 |
98 96 94 92 90 84 78 72 66 60 54 48 |
(e) Plan G
participants are eligible for a disability pension after completion of 10 years of vesting service, if
totally and permanently disabled.
2. (a) The Publisher and the Guild have
agreed on the establishment of a 401(k) Savings Plan for certain employees
represented by the Guild. This Plan will
permit participants to make contributions from their wages beginning July 1,
1987. The Publisher will place in the Plan
the amounts that participants elect to have deducted from their wages, but the
Publisher will make no other contributions to the Plan. The "Plan Administrator" for legal
purposes will be the Publisher, but the day‑to‑day administration
of the Plan will be the responsibility of a Joint Committee consisting of
representatives of the Publisher and the Guild.
(b) The
Publisher and the Guild have also agreed on the establishment of a
"cafeteria" plan under section 125 of the Internal Revenue Code for
certain employees represented by the Guild.
That plan will permit participants to elect to have amounts deducted
from their wages on a before‑tax basis to pay the participants' share of
premiums for coverage under the medical and dental plans sponsored by the
Publisher to the extent before‑tax contributions are permitted under the
Internal Revenue Code. The plan will
also permit participants to elect to have additional amounts deducted from
their wages to be credited to health care reimbursement accounts and dependent
care reimbursement accounts and used to reimburse such expenses on a before‑tax
basis to the extent permitted by the Internal Revenue Code.
The Publisher will be the "Plan Administrator" of
that Plan. It is intended that the Plan
will contain all necessary provisions to comply with section 125 and any other
applicable section of the Internal Revenue Code. The Plan shall be terminated in the event the
IRS or a court determines that plan contributions are not proper business
deductions for the Publisher.
The parties understand that Congress or the IRS may change
the rules that apply to either or both plans at any time. It is expressly agreed that each plan shall
be amended from time to time as necessary to keep it in compliance with the
applicable legal requirements.
3. The
parties have agreed to establish an additional retirement benefit (Plan) for
Guild‑represented employees covered by Retirement Plan G. The Publisher has agreed to credit 2.5
percent of an eligible employee's pay as of each of the following dates: August
1, 2008, August 1, 2009, and August 1, 2010. The Publisher will set the
interest credit rate at 150 basis points above the discount rate of 6-month
Treasury Bills. It is intended that
Retirement Plan G will be amended to contain all necessary provisions in order
to receive approval from the IRS with respect to this benefit. The benefit under this paragraph 2 does not
modify or amend the existing benefits in Plan G in any way, and shall be in
addition to the 401(k) Savings Plan now available to Guild‑represented
employees. Employees shall be vested in
this cash balance benefit immediately.
The agreement respect to this benefit is contingent upon receipt from
the IRS of a determination letter that all contributions to Plan G continue to
be proper business deductions for the Publisher and that contributions will not
be taxable to participants until such time as they actually receive benefits
from Plan G. In the event that such IRS
approval is not received, the Publisher agrees it still is required to make the
payments described above. If this is the
case, the parties will meet to discuss how the payments shall be made.
ARTICLE XXIII‑‑JOINT COMMITTEES
1.
Health and Safety
The Publisher shall strive to
promote a safe and healthy working environment by preventing, correcting or
eliminating unhealthy and unsafe working conditions and practices.
There
shall be established a joint Guild/Management Health and Safety Committee,
consisting of an equal number of Guild and Publisher representatives, but not
less than two nor more than three each.
The Committee shall meet for the purpose of jointly considering,
inspecting and reviewing health and safety conditions and practices and
investigating accidents, and for the purpose of jointly making constructive
recommendations with respect thereto, including the formulation of changes to
eliminate unhealthy and unsafe conditions and practices and to improve existing
health and safety conditions and practices.
The
final decision-makingauthority regarding recommendations on safety or health
matters shall remain with the Publisher.
2.
Worker Participation
The
Publisher and the Guild agree that a joint Guild‑Management Committee
(also known as the Worker Participation Committee) will be formed in the news
department by both parties and will meet monthly.
In
an effort to encourage discussions of subjects not covered by the normal
bargaining and grievance machinery, the Guild and the Publisher stipulate that
top‑level personnel will participate in the meetings. The Company
recognizes that participation of Guild-represented employees is a valuable part
of the process.
It
is stipulated that, the Committee, meeting under the terms as outlined herein,
may discuss matters affecting relations between employees and the employer,
including matters relative to the introduction and operation of new automated
equipment and the effects of such equipment on the job duties of employees who
operate such equipment, but will not take up grievances, which would normally
come up in the regular contract grievance machinery. The Committee also may monitor and discuss
clerical problems as needed.
The
parties may decide from time to time to establish ad hoc committees to address
specific issues as they arise. The Guild and Publisher members of such ad hoc
committees will be selected separately by representatives from each side of the
joint Guild-Management Committee. Each ad hoc committee will dissolve upon
completion of its duties.
The
Publisher will continue to consult with the Guild before the appointment of
newsroom supervisors, consistent with past practice.
The
Guild and the Publisher agree that all matters will be discussed on a
collaborative basis and that due consideration will be given to the views of
both parties. The Guild recognizes that all such discussions are consultative,
and that, in any case, the Publisher retains the right to make all final
decisions.
3.
Task Groups
The Guild recognizes
that the Company may assign employees to task groups, provided that such groups
do not address mandatory subjects of bargaining. These groups shall not have
the power to add to, modify, contravene, or otherwise change the terms and
conditions of the Collective Bargaining Agreement, past practice, written or
oral understanding or other agreements between the parties. The Guild shall be
notified of the creation of task groups and may designate observers to attend
task group meetings.
4.
General
a.
Paid time off shall be
made available for meetings and committee work.
b.
With the exception of
the Task Groups, the Guild will appoint its members to the committee set forth
in this Article.
c.
Both parties will
develop agenda items and will be open to requests for discussion topics from
the other party.
5.
Metro Circulation
Department
The
Publisher and the Guild agree to establish a joint Guild Management Committee
in the Metro Circulation Department to discuss any matters affecting relations
between employees and the employer, including circulation experiments in how to
work more effectively and efficiently and how to improve the quality of work
life of the employees.
The
Committee will be formed in the Metro Circulation Department by both parties
and will meet upon the request of either party.
In
an effort to encourage discussions, the Guild and the Publisher have stipulated
that top‑level personnel will participate in the meetings.
The
Committee will not take up grievances, which would normally come up in the
regular contract grievance machinery.
The
Committee composed of members selected by the Guild and by the Publisher will
serve as a means of communications regarding the experiments and to explore
suggestions made by either representatives of the Publisher or representatives
of the Guild for experiments. The final
decision as to which experiments will be attempted and the form each experiment
is to take is reserved to the Publisher.
ARTICLE XXIV‑‑USE OF FREELANCE MATERIAL
1. The
Guild and the Publisher agree that the Publisher may use from outside the
regular News Department staff materials that are:
(a)‑‑The result of happenstance presence at a
spot news event.
(b)‑‑Provided by syndicates, news services,
other publications and similar sources.
(c)‑‑Criticism, reviews and/or opinion
articles.
(d)‑‑Produced by experts or specialists whose
principal support or reputation is derived from other than regular newspaper
employment
(e)‑‑Contributed by readers, whether to a
public‑access forum, the letters to the editors column, the op‑ed
pages or the like.
(f)‑‑Coverage of sporting events involving
Minnesota teams or individual athletes that take place outside the state of
Minnesota.
(g)‑‑One‑column mug‑shot
photographs.
(h)‑‑Generated by stringers that do not exceed
375 published words per article, or the equivalent thereof as measured in
column inches (11 inches of type based on the current column width of 12
picas/5 points), and that originate outside the following counties when no
staff member is assigned to cover the story: Hennepin, Ramsey, Washington,
Dakota, Scott, Chisago, Isanti, Anoka, Carver, Wright, LeSueur, Rice,
Sherburne, Mille Lacs, McLeod, Goodhue, Wabasha, Olmsted, Dodge, Winona,
Steele, Waseca, Blue Earth, Carlton and St. Louis.
(i)‑‑Coverage of national and international
stories occurring outside Minnesota and the District of Columbia when no staff
member is assigned to cover them, not to exceed 75 articles per year. The Publisher shall notify the Guild in
writing bi‑monthly of the specific articles in this category that have
appeared in the Star and Tribune including Sunday. Free‑lance articles in this category
shall include those generally dealing with hard news or news‑related
features and situation pieces of a type that normally would be published in the
A or B sections of the Star and Tribune but which could appear in any other
section except the Travel section. Travel
section free‑lance articles are subject to limitations set out in
paragraph (j) below.
(j)‑‑All other types of freelance work by
persons outside the regular staff, assigned by editors, shall not exceed 360
items per year. The Publisher shall
notify the Guild in writing quarterly of the specific articles in this category
(j) that have appeared in the Star Tribune including Sunday.
2. The
Guild and the Publisher agree that when qualifications are sufficient and
circumstances allow, the Publisher will first offer freelance ideas originating
with the editors to News Department staff members who previously have expressed
interest in doing freelance articles on specified subjects. The managing editors will maintain a record
of such expressions of interest. When
freelance assignments are made to news assistants, copy aides or other support
staff members they will be paid, as a minimum, the lowest A‑scale rate
that exceeds their regular rate of support staff pay. Such assignments will not count against any of
the numerical maximums set forth in subparagraph 1.
Editors
shall not be required to offer staff members specific unsolicited ideas
originally proposed by and ultimately to be produced by a freelancer.
3. Freelancers
will be prohibited from using the Company offices or equipment to produce or
process their material, with the exception of material produced under
subparagraph 2 of this Article and that which is transmitted electronically
into the text processing system from outside the Star Tribune building via non‑company
equipment. Copyediting, layout and other
processing of free‑lance material shall continue to be performed by
employees within the Guild's jurisdiction.
ARTICLE XXV‑‑SUBSTANCE ABUSE
1. Employees
are prohibited from working or reporting to work under the influence of alcohol
or illegal drugs. "Illegal
drugs" includes legal drugs that are not legally obtained or are abused or
used for purpose(s) for which they were not prescribed or intended. Employees are also prohibited from using, possessing,
selling or distributing illegal drugs while working, while on Publisher's
property or while operating Publisher's equipment, machinery or vehicles. Except in the case of consuming an alcoholic
beverage off the Publisher's property as part of a business‑related
social setting, employees are prohibited from using, possessing or distributing
alcohol while working, while on the Publisher's property or while operating
Publisher's equipment, machinery or vehicles.
Employees who use Publisher's cars for personal use during non‑working
hours may have unopened containers of alcohol in those cars as long as it
complies with local, state and federal laws.
2. The
Publisher will continue to provide, at its expense, an Employee Assistance
Program which offers confidential counseling, assistance and referrals on a
confidential basis to employees with chemical dependency problems and other
personal problems. Voluntary use of the
EAP will not in any fashion jeopardize an employee's position or future with
the Publisher. However, an employee's
use of the EAP or any other counseling rehabilitation or treatment program does
not relieve the employee of his or her usual obligation to comply with the
Publisher's normal standards and work rules.
3. No
random drug or alcohol testing shall be conducted on employees. No employee shall be required to take a drug
or alcohol test. A drug or alcohol test
may be requested of an employee if the Publisher has a reasonable suspicion
that the employee is under the influence of an illegal drug or alcohol. In such an event, an employee has the right
to refuse to take a drug or alcohol test.
No employee will be disciplined for exercising the right to refuse to
take a drug or alcohol test or submit to the medical examination and no adverse
inference shall be drawn from that refusal.
The Publisher may take disciplinary action against an employee who
refuses to take such a test or submit to such an examination based on all other
available evidence of the employee's impaired performance or conduct that led
to the request for the examination or test, provided such disciplinary action
is in accordance with Article III of the parties collective bargaining
agreement.
Test results will be communicated promptly to employees who
will then be responsible for communicating test results to the Guild.
If an employee tests positive on a confirmatory test, he or
she may: 1) submit in writing to the
Publisher additional information to try to explain the confirmed positive test
result, provided that the explanation is received by the Publisher as promptly
as possible after he or she has been informed of the confirmed positive test,
and 2) request in writing a confirmatory retest of the original sample at his
or her own expense, provided that the request must be received by the Publisher
within five (5) working days after he or she has been informed of the confirmed
positive test result.
The first time an employee tests positive on a confirmatory
test ("first‑time failing employees"), if the employee does not
timely and successfully refute the results by explanation or retesting, the
employee will be subject to discipline for testing positive in accordance with
Article XIII of the collective bargaining agreement. Such discipline may include a suspension
without pay up to and including five (5) days.
First‑time failing employees may also be subject to transfer,
demotion, or other job change, subject to Article IV, Section 5 of the
collective bargaining agreement, if reasonably necessary to protect the safety
of any person.
In addition, first‑time failing employees may also be
subject to discipline in accordance with Article XIII based solely on the
conduct or impaired performance that gave rise to management's reasonable
suspicion that the employee was under the influence.
However, first‑time failing employees will not be
discharged solely on the basis of a confirmed positive test result. First‑time failing employees who refuse
to participate in an appropriate counseling, rehabilitation or treatment
program (the "treatment program") as determined by the Publisher
after consultation with appropriate health professionals, or who withdraw from
or fail to complete the treatment program successfully will be disciplined, up
to and including discharge, pursuant to Article XIII.
Time lost by a first‑time failing employee during
participation in the treatment program that requires them to miss work will be
governed by the applicable sick leave, disability and/or leave of absence
provisions of the collective bargaining agreement.
The second time an employee tests positive on a
confirmatory test requested by the Publisher ("second‑time failing
employee"), if the second‑time failing employee does not timely and
successfully refute the test results by explanation or retesting, the second‑time
failing employee may be disciplined up to and including discharge. Such discipline, if any, shall be in
accordance with Article XIII.
Nothing in this Article shall restrict the Guild's right to
pursue disputes over disciplinary action resulting from the drug and alcohol
testing through the grievance and arbitration procedure of the collective
bargaining agreement.
ARTICLE XXVI‑‑MISCELLANEOUS
1. No
writer's by‑line shall be used over his protest.
2. The
Publisher agrees not to have or enter into any agreement with other publishers
binding such publishers not to offer or give employment to employees of the
Publisher.
3.
Each employee shall
furnish the Publisher with conscientious service for the entire period of time
he is employed each day, and no employee shall be required to perform an
excessive amount of service, constituting, in fact, an unreasonable workload.
4.
The Company shall not
grant time off with pay for any employee for the purpose of the employee
participating in the collective bargaining process.
5.
Upon ratification of
the contract effective August 1, 2008, the Publisher and the Guild agree to
work together in a timely manner in collaborating with an educational
institution for the purpose of having that institution seek a grant to provide
job-skills training for Guild-represented employees at the Star Tribune.
ARTICLE XXVII –SUBURBAN OFFICES
1.
The Publisher, at its
discretion, may establish suburban weekly publication(s). Reporters,
photographers and copy editors hired to work on any such suburban weekly
publication shall be A scale employees for wage purposes. However, such
employees may progress only to the second year level of the A wage scale.
2.
When a suburban weekly
publication is established, any reporter, photographer or copy editor necessary
to staff that publication shall be a new hire. This provision shall not apply
to any other position needed for a suburban weekly publication.
3.
No A scale employee
who works on the daily newspaper shall be required to transfer to work on a
suburban weekly publication.
4.
The Publisher may
assign freelancers to work for any suburban weekly publication which it
establishes. However, no more than fifty (50) freelance articles per year may
be used in each suburban weekly publication and any freelance article written
for a suburban weekly publication shall not appear in the daily newspaper.
Freelance articles assigned pursuant to this paragraph shall not count against
the limit for freelance articles in the daily newspaper set for in Article
XXIV, Section 1 (j) of this Agreement.
5.
The Publisher shall
have the right to utilize stringers on a weekly publication in the same manner
(excluding the geographical restriction) that it is entitled to utilize on the
daily paper pursuant to Article XXIV, Section 1 (h) of this agreement.
6.
Reporters,
photographers and copy editors who are hired to work on a suburban weekly
publication shall work primarily on that publication. It is understood that
work produced by reporters, photographers or copy editors assigned to a
suburban weekly publication may appear in the daily newspaper only on an
irregular and occasional basis.
7.
The provisions of
Article XIII, Section 11 of this Agreement shall not apply to a transfer from
or to a suburban weekly publication.
ARTICLE XXVIII – WORK ASSIGNMENTS
1. Notwithstanding any other provision
of this Agreement, individuals holding the positions specified in Article I,
Section 1, may be assigned by the Publisher the following work, provided that
no bargaining unit member loses his job as a consequence:
Work
that edits, corrects, modifies, condenses or reworks content that is to appear
in the newspaper or online, or work that demonstrates how a journalistic issue
should be addressed. This work shall be performed on an “as needed” basis. This
paragraph is not intended to allow the performance of bargaining unit work on a
systematic basis by any individual.
In
addition, the person holding the title of Assistant Managing
Editor/Investigations or Assistant Managing Editor/Projects may regularly
perform line-editing of original work produced by members of the bargaining
unit.
2.
In addition to the
work set forth in paragraph 1 of this Article, individuals holding the
positions which previously were in the bargaining unit and which were added to
Article 1, Section 1, in the Agreement dated August 1, 2003 (Director of
Photography, 1A Coordinator, Recruiting and Training Coordinator), may be
assigned the work which was performed in those positions when those positions
were in the bargaining unit.
3.
The Guild’s
jurisdiction as defined in this Agreement shall not be altered by this Article.
4.
A joint committee
composed equally of Guild and Publisher representatives shall be formed to
discuss issues or questions which may arise in connection with the
implementation of this Article. The Committee shall meet at the request of
either party. All matters discussed will be solely on a consultative basis and
the Publisher retains the right to make all decisions related to this Article. The Guild retains its right to disagree with
those decisions and to grieve and arbitrate as provided for elsewhere in the
Collective Bargaining Agreement.
ARTICLE
XXIX – SUCCESS SHARING
1.
Employees covered by this Agreement shall be eligible
for the Star Tribune Success Sharing Plan (“Success Sharing Plan”) on the same
basis as the Publisher’s other employees. The Publisher may, at its discretion,
terminate or modify the Success Sharing Plan without bargaining with the Guild
provided that any termination or modification is applicable to all the
Publisher’s employees covered by the Success Sharing Plan. The Publisher agrees
to notify the Guild in writing of any proposed termination or modification at
least thirty days prior to the implementation of the termination or change.
2.
The Guild bargaining unit, with thirty-day notice, may
choose to stop participation in the plan. The Guild will decide what internal
mechanism is appropriate to make such a decision. Such decision shall be
communicated in a letter to the Publisher or his representative. Individuals
within the Guild bargaining unit may choose, for whatever reason, to not
participate in a payout of the plan. Each time such a payout is planned, the
Company shall give a thirty-day notice to all bargaining unit members.
Participation in the payout shall not be construed as agreement with business
decisions made by the Publisher.
ARTICLE —XXX - APPRENTICESHIPS
The
Guild and the Publisher have agreed to implement a two-year apprenticeship
program to promote diversity in the newsroom. The Publisher may hire
apprentices under the following conditions:
1.
All provisions of the
Collective Bargaining Agreement shall be applicable to apprentices with the
exceptions of Paragraph 1 of Article VIII, relating to dismissal pay, and
Paragraph 5 of Article XIII, relating to a rehiring pool.
2.
The number of
apprentices shall be limited to six (6) at any one time.
3.
Apprentices may be
employed as an apprentice for a period not to exceed 24 months.
4.
During their
apprenticeship, apprentices may be hired for regular employment.
5.
Apprentices shall be
compensated at the first and second years of the A or K salary classifications,
depending on their position, and may work in any of the job titles listed in
those classifications.
6.
In the event of
reductions of the work force for reasons of economy, apprentices shall be
considered to be the least senior of all employees covered by the Collective
Bargaining Agreement, even behind other, non-apprentice employees hired
subsequent to an apprentice’s hiring.
ARTICLE —XXXI - DURATION AND RENEWAL
1. This
Agreement shall be effective from and after August 1, 2008, to and including
July 31, 2011. This Agreement shall
inure to the benefit of and be binding upon the successors and assigns of the
Publisher, and the Guild binds itself to the terms of the Agreement with the
new owners in the event of sale or lease to an outside interest as defined in
Article VII, Section 1.
2. At any
time not more than ninety (90) days and not less than sixty (60) days
immediately prior to July 31, 2011, the Publisher or the Guild may initiate
negotiations for a new agreement. The
terms and conditions of this Agreement shall remain in effect during such
negotiations.
3. To the
extent that this Agreement provides for any changes in working conditions or
terms and provisions of previous agreements, such changes shall not be
effective retroactively unless specifically provided herein.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
|
STAR TRIBUNE |
|
MINNESOTA NEWSPAPER GUILD/TYPOGRAPHICAL UNION CWA LOCAL
37002 |
|
|
|
|
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Chris Harte, Publisher and President |
|
Mike Bucsko, Executive Officer |
|
Randy Lebedoff, Senior Vice President and General Counsel |
|
Graydon Royce, Unit Co-Chair |
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Nancy Barnes, Editor and Senior Vice President |
|
David Chanen, Unit Co-Chair |