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AGREEMENT And SCALE OF WAGES between and THE MINNESOTA NEWSPAPER GUILD/TYPOGRAPHICAL UNION Effective January 1, 2000, and including December 31, 2014
THIS AGREEMENT, made and entered into this ____ day of __________, 2000, by and between The Star Tribune Company, hereinafter called the Publisher, and the subordinate union of the Communications Workers of America, known as The Minnesota Newspaper Guild/Typographical Union by its officers or a committee duly authorized to act in its behalf, hereinafter called the Union or CWA, WITNESSETH: WHEREAS, the Publisher and the Union have mutually agreed upon the elimination of certain employment practices and the creation of entirely new working groups and physical work areas for employees represented by the Union, while at the same time providing protection for the job security of certain journeymen and other employees designated elsewhere in this Agreement and also providing a basis for the negotiation of succeeding agreements. The Publisher and the Union acknowledge that they are entering into into an agreement which encompasses many changes from the historical Composing Room and Dispatch Department environments. They recognize that the current members of this unit are working with new people using new tools. In principle, the Publisher and the Union agree to make every good faith effort to train the members of the unit to use the new tools of this new environment. If they are unable to do the work, the Publisher will endeavor to find suitable work within the company as it has in the past. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Publisher and the Union hereby agree as follows: References in this Agreement to the masculine and feminine genders are used interchangeably and apply equally to both genders.
STATUS OF PRIOR AGREEMENTS SECTION I. This Agreement represents the entire agreement between the parties, and any and all prior agreements between the parties, whether written or oral, including the Agreement dated July 29, 1975, effective from January 1, 1975, through December 31, 1984, and the Agreement dated April 14, 1987, and effective from January 1, 1985, through December 31, 1994, and the Agreement dated January 1, 1989, to and including December 3, 1996, and the Agreement dated January 1, 1995 through December 31, 1999, between Star Tribune, Newspaper of the Twin Cities, and The Minnesota Newspaper Guild/Typographical Union, previously known as the Minneapolis-St. Paul Typographical Union No. 30, are hereby superseded. RECOGNITION SECTION II. The Publisher hereby recognizes the Union as the exclusive bargaining representative of all employees on the Pre-Press Job Security List (“Exhibit A”), attached hereto and made a part hereof, and the Dispatch Department Job Security List (“Exhibit C”), attached hereto and made a part hereof, and any other employees now and hereafter employed by the Publisher within the Union’s jurisdiction. The word “employee” when used in this Agreement refers to journeymen and other employees represented by the Union. The Union offers to furnish as many employees as may be required by the Publisher at the scale of wages and under the conditions set forth in this Agreement. UNION SECURITY SECTION III. All present employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing as a condition of continued employment. All eligible employees who are hired hereafter, shall, on and after the 30th day following the effective or execution date of this Agreement or on and after the 30th day following the beginning of their employment, whichever is the later, become and remain members in good standing of the Union as a condition of continued employment. 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 Union not later than two weeks following that pay period an amount equal to Union initiation fees, dues and assessments. Such amounts shall be deducted from the employee’s earnings in accordance with the Union rate furnished the Publisher by the Union. Such schedule may be amended by the Union 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 UNION MEMBERSHIP DUES
To: Star Tribune
I hereby assign to the subordinate union of the Communications Workers of America, known as The Minnesota Newspaper Guild/ Typographical Union (“the Union”), from any salary or wages earned or to be earned by me as your employee, an amount equal to all Union initiation fees, dues and assessments lawfully levied against me by the Union for each payroll period following the date of this assignment as certified by the Treasurer of the Union.
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 Union so notified you, from any earnings then standing to my credit as your employee, and to remit the amount deducted to the Union.
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 you and the Union, 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 you and the Union, whichever period shall be shorter, unless written notice of its revocation is given by me to you and to the Union by registered mail, or delivered to the Union 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 Union, 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
In the event of failure of an eligible employee to become a member within thirty (30) days of the start of employment or the effective date of this Agreement, the employee shall, upon formal notice from the Union, be discharged. The Union agrees it will admit to membership and retain in membership any employee qualified according to the laws of the Printing, Publishing and Media Workers Sector of the Communications Workers of America. Notwithstanding the foregoing, for purposes of this Agreement, an employee will fulfill the requirements of this Union security clause by timely remitting to the Union dues and fees uniformly required by membership. Discharges under this Section shall not be subject to review under the grievance procedures of this Agreement. JURISDICTION, WORK ASSIGNMENT AND RETRAINING SECTION IV.A. It is understood and agreed between the parties hereto as follows: The Publisher shall have the right to the full utilization and unrestricted use of new technology, new equipment or new processes which may be available during the term of this Agreement. The Publisher shall also have the sole right to determine what constitutes new technology, equipment or processes. The provision concerning the use of outside teletypesetter tape contained in the Agreement between the parties dated July 29, 1975, remains in effect and the Union agrees to process copy or material of any kind from any source. With respect to those employees listed on Exhibit A, the jurisdiction of the Union for purposes of collective bargaining is defined that work being performed at any particular time within the pre-press operations of the newspaper by employees of the Publisher who are represented by the CWA. With respect to those employees listed on Exhibit C, the jurisdiction of the Union for purposes of collective bargaining is defined as that work being performed at any particular time by members of the bargaining unit on the effective date of the Agreement. Upon ratification of this Agreement, the Union’s remaining exclusive jurisdiction over the work of manual page building is eliminated. The Publisher shall have the sole right to have work done in any manner chosen by the Publisher, including but not limited to assignment of any work currently and/or traditionally within the jurisdiction of the Union to any department of the Publisher, including departments not covered by this Agreement, and the Union agrees to process copy or material produced in such other departments or by other employers as the Publisher sees fit. It is the intent of the parties to construe this Agreement as fundamentally altering the nature of work assignments in the pre-press operation and the Composing Room and the former Dispatch Department. The traditional Dispatch Department no longer exists. The work functions performed in the past in the traditional Dispatch Department will be dispersed throughout the company. Such work, if it is to be performed, shall be performed by employees represented by the Union along with other employees not represented by the Union as required, in the sole judgment of the Publisher. The assignment of work in the preparatory or pre-press operations areas will be non-exclusive, allowing the Publisher to assign work previously performed by the employees in other preparatory or pre-press areas to employees covered by this Agreement, as well as assigning work previously performed by employees represented by the Union to non-bargaining unit employees. Employees covered by this Agreement will perform work within the pre-press operation in conjunction with employees who may be covered by other collective bargaining agreements with the Publisher or who may not be represented for purposes of collective bargaining. The expired Agreement provided for a series of reductions in the minimum number of employees represented by the Union, such that fifty (50) employees would be employed on January 1, 1994. Under this Agreement dated _____________, 2000, the parties agree that the Publisher may reduce the minimum number of employees, represented by the Union, doing work covered by this Agreement, from fifty (50) to twenty-six (26) upon ratification of this Agreement. Thereafter, the minimum number of employees, represented by the Union, may be reduced by an additional four (4) employees during each calendar year of the term of this Agreement. If in any given year the number of actual employees represented by the Union drops below the minimum number of employees required by this Agreement in that year, the Publisher may, with the Union’s consent, take that reduction as a credit against the four reductions permitted in the following calendar year. It is understood and agreed that for purposes of calculating the number of employees, represented by the Union, the Technicians represented by the Union will be counted as employees represented by the Union; provided, however, that it is also understood and agreed that for purposes of calculating the number of employees represented by the Union, the employees of the former Dispatch department, while represented by the Union, will not be counted as employees toward the floor. This Jurisdiction and Work Assignment agreement shall be ongoing and part of all future collective bargaining agreements between the parties and shall not be subject to amendment except by mutual consent between the parties. RETRAINING AND OTHER WORK OUTSIDE PRE-PRESS FOR EXHIBIT “A” EMPLOYEES B. The parties recognize that the implementation of new equipment, processes, and production systems by the Publisher and the commitment of the Publisher to provide job security to all employees listed on the Job Security List may result in an excess number of employees in the pre-press operation. It is agreed that it is in the mutual interest of the parties hereto to retrain such excess employees to perform other work made available by the Publisher. The Publisher shall determine the number of employees to be retrained and shall determine which individuals shall be retrained. Such employees may be retrained to perform work other than that work which is within the jurisdiction of the Union. After such retraining, employees may be assigned by the Publisher to perform such new and different work within the Minneapolis-St. Paul Standard Metropolitan Statistical Area as defined by the U.S. Bureau of Census. Any employee so assigned shall retain the right to claim, at least annually and in accordance with union law, any job in the pre-press operation he is competent to perform. The Publisher may offer retraining for and reassignment to suitable jobs at geographical areas outside said area, but no employee shall be required to accept such retraining and reassignment. Any employee who refuses to accept retraining or to accept the opportunity to be reassigned to perform suitable work made available by the Publisher in accordance with the following procedure shall thereafter forfeit any and all rights to which he would otherwise be entitled under this Agreement. The Publisher shall have the right to offer positions requiring retraining and/or reassignment to suitable work, as stated hereinafter, to employees covered by this Agreement without regard to the priority standing of such employees. If one or more of such employees choose to reject such positions, the Publisher shall thereafter offer such positions to employees whose names are on the Job Security List in order of their priority until the available number of positions are filled. In the event that the Publisher does not fill all the available positions after going through all the names on the Job Security List, it shall then require acceptance of the available positions by employees on the Job Security List in reverse order of their priority. Provided, however, that if observance of this procedure for requiring retraining leads to operational difficulties for the Publisher, the Publisher shall then have the right to require employees to accept re-training without regard to their priority standing. Any such employee who then refuses to be retrained and/or reassigned shall thereupon forfeit all rights under this Agreement. If an employee does so refuse and forfeit such rights, the employee next above him on the priority list shall be then required to accept the position. In the event the Publisher and any employee or employees cannot agree whether work made available is “suitable,” the issue of such suitability may be submitted to the Local Joint Standing Committee as established elsewhere in this Agreement. It is herein agreed that, if the parties require the use of a fifth and disinterested member of the Local Joint Standing Committee to resolve the issue of suitability and the Publisher’s contention of suitability is upheld, all fees and expenses of the arbitration proceedings shall be divided between the Publisher and the Union in accordance with Section XXXVI of this Agreement. If the Publisher’s contention of suitability is rejected, the Publisher shall be responsible for the payment of all fees and expenses incurred by the fifth and disinterested member of the Local Joint Standing Committee. Any employee who voluntarily agrees or is required to accept work outside the pre-press operation of the Publisher shall not be subject to discharge on the grounds of incompetency, but an employee who is deemed incompetent by the Publisher shall be required to return to the pre-press operation and be assigned to such work as the Publisher shall direct. All such employees who perform regular work outside the pre-press operation shall be covered only with respect to the Scale of Wages and Union Recognition and Job Security clauses of this Agreement. For purposes of work rules and shop practices, they shall be governed by the terms of the collective bargaining agreement, if any, applicable in the department to which they transfer. No transferring employee shall forfeit any rights under the provisions of Section XXXIV of this Agreement. Nothing herein shall bar an employee covered by this Agreement and working outside the pre-press operation from terminating his membership in the Union and forfeiting his position on the Job Security List, all priority rights within the Union and all guarantees relative to wages, hours and conditions of employment as provided in this entire Agreement. C. In the event of a shortage of personnel required to perform work within the Composing Room, the Publisher shall have the right to transfer employees from other departments to work in said room as it deems appropriate. Such transferees shall be required to be a member in good standing of the Union no later than the 30th day following the transfer. For purposes of contract administration, they shall be governed by the terms of this Agreement. RETRAINING AND OTHER WORK FOR EXHIBIT “C” EMPLOYEES D. The parties recognize that for various reasons the work time of employees on the Job Security List may be underutilized. Reasons for such under-utilization may include, among other things, (1) the implementation of new technology, new equipment, new methods of new processes, (2) reassignments, transfers or other reallocations of work, or (3) the commitment of the Publisher to provide job security to all employees on the Job Security List. It is agreed that it is in the mutual interest of the parties hereto to retrain, if necessary or appropriate, and reassign any employee or employees on the Job Security List to perform other work made available by the Publisher. Such reassignments (1) may be for all or any portion of the employee’s work shift, (2) may last as long as the employee remains on the Job Security List, or be temporary or intermittent, and (3) are at the discretion of the Publisher. Employees on the Job Security List performing work within the jurisdiction or the Union, or any other work, may be assigned to any other work at any time at the discretion of the Publisher. The Publisher in its discretion shall determine the number and identity of employees to be retrained, or reassigned, or both. Employees on the Job Security List may be retrained to perform work other than that work which has heretofore been within the jurisdiction of the Union. The Publisher shall have the right to offer positions requiring retraining and/or reassignment to suitable work, as stated hereinafter, to employees on the Job Security List, without regard to the priority standing of such employees. If one or more of such employees choose to reject such positions, the Publisher may thereafter offer such positions to employees on the Job Security List in order of their priority until the available number of positions are filled. In the event, however, that the Publisher does not fill all the available positions after going through all the names on the Job Security List, it may then require acceptance of the available positions by employees on the Job Security List in reverse order of their priority. Any such employee who then refuses to be retrained and/or reassigned shall forfeit all rights under this Agreement. If an employee does so refuse and forfeit such rights, the employee next above him or her on the priority list may then be required to accept the position.
The Publisher will take into account, to the extent feasible, the individual likes and interests of the employee when making involuntary assignments, and will make such assignments as equitably as possible, including limiting the period of time that employees are so assigned. Any employee who voluntarily agrees or is required to accept work outside the Dispatch Department of the Publisher shall not be subject to removal on the grounds of incompetence during the first 90 calendar days after commencing such work. Thereafter, such employee will be required to meet the same standards of competency required of other employees in the department where such employee has accepted work outside the Dispatch Department. If such employee fails to meet those standards of competency, the employee will, at the sole discretion of the Publisher, be transferred to other suitable work of the Publisher. Nothing herein shall preclude the application of normal disciplinary procedures to employees represented by the Union. All employees on the Job Security List who perform work within the jurisdiction of the Union as defined in this Agreement shall be covered by the applicable provisions of this Agreement with respect to compensation, benefits and other terms and conditions of employment. All employees on the Job Security List who perform work of the Publisher other than work described in the preceding sentence shall receive the same compensation and benefits, and shall work under the same terms and conditions, as journeymen (if applicable) or other competent employees in the department or position in which such employees perform such work (that is, work other than that described in the preceding sentence). It is specifically agreed that an employee on the Job Security List who performs any work of the Publisher that is covered by a collective bargaining agreement other than this Agreement shall be subject to all provisions of such other collective bargaining agreement, including the union security provisions thereof, notwithstanding any other language contained in this Agreement. Any employee on the Job Security List who performs work covered by such other collective bargaining agreement may nonetheless maintain his or her position on the Job Security List in accord with the provisions of Section V of this Agreement. It is further understood and agreed that all work that has been, is, or may be performed under this Section D shall not be within the jurisdiction of the Union.
JOB SECURITY SECTION V. A. The Job Security List includes persons named thereon and is attached as Exhibits A (Prepatory or Pre-Press employees) and C (Dispatch employees). B. The Publisher agrees that each employee whose name appears on the Job Security List shall be retained in the employ of the Publisher until such time as such employee is removed from the Job Security List as provided in Section V(C), subject, however, to the right of the Publisher to lay off employees as set forth in Section V(E). C. An employee whose name appears on the Job Security List shall be removed from such List, and all rights to further employment shall be terminated, upon the earliest of the following events: 1. Voluntary resignation or retirement. 2. Failure to remain a member in good standing in the Union in accordance with the provisions of Section III. 3. Discharge for cause. 4. Death or permanent disability. (An employee who has been found to be permanently disabled and removed from the Job Security List may, upon his recovery from such disability and upon submission of sufficient medical evidence, return to employment with the Publisher and be restored to his appropriate place on said List.) 5. Failure to return to work upon recall from layoff under Section V(E). 6. Permanent cessation of publication of all newspapers published in the Twin Cities by the Publisher. D. The guarantee of employment and job security contained in Section V(A) through V(C) herein survives this Agreement and is to be made a part of all succeeding agreements between the parties and shall be binding upon successors and assigns of the Publisher for as long as a name remains on the Job Security List. E. The Publisher may temporarily lay off any or all employees on the Job Security List for the duration of any temporary interruption of publication. F. None of the provisions of this Agreement shall restrict the rights of the Publisher to discharge any employee because of incompetence, neglect of duty, or violation of office rules as set forth in Section VIII. ADDITIONAL OPTIONAL INCENTIVES SECTION VI. The Publisher reserves the right to offer additional benefits of any kind or offer inducements for termination of employment by employees covered by this Agreement under such conditions as the Publisher, in its sole discretion, deems necessary or appropriate. The Publisher shall notify the Union of the offering of additional inducements which would affect employees covered by this Agreement and a representative of the Union may assist the employee to whom such inducements may be offered or available.
JOINT COMMITMENT SECTION VII. It is the intention and desire of the parties hereto that no strike or other interruption of normal employment or production shall occur during the life of this Agreement. To this end the Union and the Publisher commit themselves to the orderly settlement of disputes as provided herein. However, the Minnesota Newspaper Guild/Typographical Union reserves to itself the right to direct its members to support a strike of this Union or of Minneapolis Mailers Union No. 4, International Brotherhood of Teamsters ( I.B.T.) against the Publisher which strike has been authorized under the laws of the I.B.T. The Union agrees that it will not support a strike or work stoppage under any other circumstances. No employee covered by this Agreement shall be required to cross a picket line established because of a strike by any other union in the plant of the Publisher authorized by the Policy Committee of the Central Labor Union Council of Minneapolis. Time lost because of failure to cross a picket line shall not be paid for. The Publisher agrees not to require employees to execute work received from or destined for another employer whose employees are locked out or on a strike authorized by the Communications Workers of America under circumstances which make the Publisher an ally of such other employer, and such work shall not be within the scope of the employment of employees covered by this Agreement. EMPLOYMENT AND DISCHARGE SECTION VIII. The Publisher, through its representatives (whose names shall be posted), shall have authority to direct the employees represented by the Union. The above paragraph in no way diminishes the powers and responsibilities set out in Section X of this Agreement. The Publisher, through its representative, may discharge employees (1) for incompetence, (2) for neglect of duty, (3) for violation of office rules, which shall be kept conspicuously posted and shall in no way abridge the civil rights of employees or their rights under accepted Sector Laws, (4) to decrease the force, which decrease to be accomplished by discharging first the person or persons last employed. The Publisher shall give the reason for discharge in writing within seventy-two (72) hours. Employees legally discharged according to the provisions of this Section may be reinstated on the priority list and on the Job Security List at the option of the Publisher. NON-DISCRIMINATION CLAUSE SECTION IX. The Publisher prohibits discrimination in all phases of employment on the basis of race, color, national origin, religion, marital or parental status, disability, status with regard to public assistance, political affiliation, sex (including sexual harassment), sexual orientation, or age. The Union or the Publisher shall not discriminate against any employee because of membership or nonmembership in the Union or activity therein, or because of any of the categories set forth in this paragraph. All phases of employment are covered by this Agreement including but not limited to: union membership; recruiting and recruiting advertising; employment aptitude/skills and similar forms of testing and hiring; promotion; demotion and transfer; training; termination; layoff and recall; and compensation. JOINT STANDING COMMITTEE SECTION X. There shall be a Local Joint Standing Committee, constituted as hereinafter provided, to which shall be referred all questions which may arise (unless settled by agreement or as otherwise provided herein) as to all matters affecting the performance of this Agreement including questions as to scale of wages, construction of provisions, alleged violations and discharges of employees designated in this Agreement. In the event agreement cannot be reached on any matter, such matter shall be submitted to the Joint Standing Committee whose decision shall be final and binding on the parties. The Code of Procedure hereinafter provided shall govern the Local Joint Standing Committee in formulating its decisions. COMMUNICATIONS WORKERS OF AMERICA SECTOR LAWS SECTION XI. This Agreement alone shall govern relations between the parties on all conditions concerning which any provision is made in this Agreement, and any dispute involving any such conditions shall be determined in accordance with the Code of Procedure. It is understood and agreed that the Printing, Publishing & Media Workers Sector General Laws of the Communications Workers of America in effect at the time of signing of this Agreement, not in conflict with State or Federal Law or this Agreement, shall govern relations between the parties on conditions not specifically enumerated herein. LOCAL UNION AND CHAPEL RULES SECTION XII. Nothing contained herein shall be construed to interfere in any way with the creation or operation of any rules not in conflict with law or this Agreement by any chapel or by the Union for the conduct of its own affairs. REPRODUCTION SECTION XIII. All provisions requiring reproduction contained in any agreements prior to the Agreement dated July 29, 1975, remain null and void and of no further force or effect.
WAGES
SECTION XIV. For purposes of this section, employees are divided into two groups, Group 1 and Group 2. Group 1 employees are those Composing employees listed in Exhibits A or B, plus any employees hired after the effective date of this contract who are represented by the Union. Group 2 employees are those Dispatch employees listed in Exhibits C or B, plus any employees hired after the effective date of this contract who are represented by the Union. The purpose of this definition is to distinguish among employees to whom all provisions of this contract apply (Group 1 and 2 employees), and those employees who are covered by the wages, vacation, holiday and benefit sections but to whom the Productivity Payments sections do not apply (employees not specifically named in the Exhibits).
A. Wages for Group 1 employees are as follows:
Effective January 1, 2000 Day $26.093 Night $26.393 Effective January 1, 2001 Day $26.693 Night $26.993 Effective January 1, 2002 Day $27.293 Night $27.593 Effective January 1, 2003 Day $27.893 Night $28.193 Effective January 1, 2004 Day $28.493 Night $28.793 In the years 2005 through 2014, “Group 1 employees” shall receive hourly wage increases equivalent in type and amount (for example, wage diversions) to those agreed upon between the Publisher and the Minneapolis Printing and Graphics Communications Union No. 1M on behalf of employees commonly referred to as Pressmen. Group 1 employees hired after the effective date of this Agreement shall be paid in a range between sixty (60) percent and eighty (80) percent of wages then in effect for employees named on Exhibit A. Placement of Group 1 employees within this range, or at a rate exceeding this range, will be at the sole discretion of the Publisher based on skill sets. Throughout the term of this Agreement, a Group 1 employee who works a night shift, as defined in Section XVI, shall be paid an additional thirty cents (30¢) per hour over the effective hourly day shift rate. The hourly day shift rate shall be computed by dividing the effective weekly day shift rate for Group 1 employees by the regular number of hours to be worked per week as provided elsewhere in this Agreement. Group 1 employees working a third shift shall receive an additional fourteen cents (14¢) per hour over the effective night shift rate as computed above. B. Group 2 employees Group 2 employees shall receive the same compensation and benefits, and shall work under the same terms and conditions, as journeymen (if applicable) or other competent employees in the department or position in which such employees perform such work. The following considerations shall all be applicable in determining pay for Group 2 employees: Group 2 employees shall receive at least sixty (60) percent of the wages then in effect for Group 1 employees, and/or Group 2 employees shall, nonetheless, be paid according to the scale in effect for competent employees in the area in which the work is being performed. If the Group 2 employee is in a high-skill, high-pay area, his pay may exceed the sixty-percent floor. If he is in a relatively lower-skill, lower-pay area, his pay may be less than that received by the employee in the higher-pay area, but may not be less than sixty percent of the wages then in effect for Group 1 employees, and/or, Group 2 employees shall receive increases according to the schedule in effect for the area(s) in which they are working. If the Group 2 employee is working in an area that is not represented for bargaining purposes, the percentage increases used for non-represented employees shall govern the employee’s pay increase. In the event that the Publisher declares a wage freeze for non-represented employees, or sets a percentage increase that is less than that provided for Group 1 employees, Group 2 employees shall receive the same percentage increase as Group 1. Throughout the term of this Agreement, any Group 2 employee shall continue to be paid an additional twenty-five (.25) cents per hour over the individual’s effective hourly day shift rate for any hours worked before 6:00 a.m. or after 6:00 p.m., as has been the case in the past. All wages agreed upon are minimum wages; however, nothing expressed herein shall in any way prohibit the Publisher from recognizing individual merit by payment of wages or lump sum bonus payment, which may exceed the increases set out above.
PAYROLLS SECTION XV. Payrolls shall be computed on a weekly basis. There shall be at least one regular “pay day” every week. When the regular pay day falls on a holiday, the day preceding such holiday shall be “pay day.” In cases where employees are laid off indefinitely before the regular “pay day,” they shall be entitled to and shall immediately be paid whatever sum may be due them. WORK SHIFTS SECTION XVI. For employees listed on Exhibit A, a full regular straight time shift shall consist of seven (7) hours, exclusive of overtime and lunch time. A day shift is any shift which begins at or after 7 a.m. and is completed before or at 6 p.m. A third shift is any shift which begins at or after 9 p.m. and at or before 6 a.m. A night shift is any shift other than a day shift or a third shift. No employee on Exhibit A shall be employed for less than a full regular straight time shift, as outlined above, except when discharged for cause or excused at his own request. Employees hired after the effective date of this agreement shall work such number of hours as the Publisher in its sole discretion may assign, including hours that would be different from those traditionally assigned employees listed on Exhibit A. WORK WEEK SECTION XVII. A. For employees listed on Exhibit A, a work week shall consist of thirty-five (35) hours constituting five (5) day shifts or five (5) night shifts or five (5) third shifts, or a combination of five (5) such shifts. A regular situation holder whose work week consists of a combination of day shifts with night shifts, two or more of which are night shifts, shall be paid the night shift rate for his day shifts. A regular situation holder whose work week consists of a combination of night shifts with third shifts, two or more of which are third shifts, shall be paid the third shift rate for his night shifts. A regular situation holder whose work week consists of a combination of third shifts with day shifts, two or more of which are third shifts, shall receive the third shift rate for his day shifts. B. For Group 2 employees, forty (40) hours shall constitute a regular work week for a full-time employee. All hours worked in excess of eight (8) per day and forty (40) per week shall be considered overtime hours and shall be compensated for at the rate of time and one-half. The Publisher, in his sole discretion, shall have the right to employ such part-time employees as are needed.
Group 2 employees who regularly work twenty (20) or more but less than forty (40) hours per week for four (4) consecutive weeks shall be considered as “regular” employees for purposes of Sections 6, 11, 12, and 16 or this Agreement. It shall be considered a break in the employee’s status as a regular employee if he works less than twenty (20) hours per week for more than four (4) consecutive weeks. Any regular employee who works less than twenty (20) hours per week for four (4) consecutive weeks shall no longer be considered a regular employee for purposes of such Sections. If such an employee thereafter works twenty (20) hours or more for four (4) consecutive weeks, his record of employment, as a regular employee, shall begin as of the most recent date on which he became a regular employee. OVERTIME SECTION XVIII. For employees listed on Exhibit A, overtime is defined as work in excess of and continuous with a shift of seven (7) hours (excluding any period allowed for lunch). Such overtime shall be paid for at one and one-half (1½) times the employee’s rate for the shift for the first three (3) hours of such overtime and two (2) times the employee’s rate for the shift for any overtime after three (3) hours. A regular situation holder who is required to work on any of his regularly scheduled off days shall be paid one and one-half (1½) times his regular rate for the shift for all time worked on such shift up to ten (10) hours and two (2) times his rate for the shift for all time worked in excess of ten (10) hours. If an employee on the Job Security List is required to start work before his regular starting time, he shall be paid the overtime rate for all time worked up to his regular starting time. Any employee on the Job Security List who is called back after having completed his regular shift’s work shall be paid for continuous time, the same as if he had not ceased working. For all work performed between 7 a.m. and 4 p.m. Sunday on other than his regularly scheduled shift, an employee on the Job Security List shall be paid at double his regular straight-time hourly rate. Overtime for employees hired after January 1, 1994, is defined as time worked in excess of thirty-five (35) hours per week. Technicians who are on the payroll as of January 1, 2000, shall be paid overtime as in the past. Said employees will be paid for overtime at one and one-half (1½) times their base rate. Hours paid but not worked during the week shall be counted as hours worked for the purpose of determining eligibility for overtime compensation. HIRING OF EXTRAS SECTION XIX. The Publisher, and only the Publisher, shall have the authority to hire a substitute or extra. During the term of this Agreement, any employee on the Exhibit A Job Security List who desires to lay off, for any reason, shall notify the Publisher, 48 hours in advance, of his desire to lay off. Such requests for layoffs shall be granted, when in the sole discretion of the Publisher, a competent substitute or extra is available or when the production requirements do not require the presence of the person desiring to lay off. In any event, the Publisher shall have the authority to grant the request for a layoff, and if it does so, it shall have the exclusive authority to determine whether or not a substitute or extra shall be hired to replace the person laying off. VACATIONS
SECTION XX. Each employee
*One year of full-time employment equals 1,820 hours for Group 1 employees, and 2,080 hours for Group 2 employees.
If the Publisher determines at the time any employee’s vacation commences that replacements are not available at straight-time wage rates, then the Publisher may limit such employee’s vacation to ten (10) days and pay him one (1) day’s pay at his straight-time rate for each day’s vacation in excess of ten (10) he may be entitled to under the above schedule. Provided, an employee entitled to more than fifteen (15) days of vacation may be limited to fifteen (15) days’ vacation and paid at straight-time rates for each day of vacation he is entitled to in excess of fifteen (15). Provided, also an employee entitled to more than twenty (20) days vacation may be limited to twenty (20) days’ vacation and paid at straight-time rates for each day of vacation he is entitled to in excess of twenty (20). Continuous service for the purpose of determining vacation credits shall mean uninterrupted employment (except for temporary layoff or authorized leave of absence) as a regular situation holder. Regular situation holders must be in the employ of the Publisher at the times vacations are taken. Vacations shall be taken according to a schedule worked out by the Publisher, which schedule shall give preference to priority in each job classification, and shall be arranged over the year to interfere as little as possible with the operation of the department. Vacations shall be taken on consecutive days within the same or during consecutive weeks, except that any employee may designate up to one (1) week (5 days) vacation, if they are entitled thereto, to be taken one day at a time at the discretion of the Publisher. Employees shall not accept pay in lieu of vacation and work during the vacation period, except as provided above and except for payments made in connection with termination of employment, as provided below. Employees may carry over, at their option and with the permission of an appropriate supervisor, up to three (3) weeks of vacation time from the current calendar year into the next calendar year in accordance with the following requirements: (a) The employee must match the number of weeks being carried over with a comparable number of weeks of the next year’s vacation. (b) The carryover/matched vacation must commence prior to April 1 of the applicable year. For example, an employee wishing to carry over two (2) weeks of 1999 vacation must match that with two (2) weeks of calendar year 2000 vacation for a total of four (4) contiguous weeks to be taken in 2000. The four (4) contiguous weeks of combined vacation must commence in January, February or March of the year 2000, or future years as appropriate. It is intended that this type of carryover will permit employees to enjoy longer absences from the workplace while still having vacation time in the current and upcoming calendar years. The supervisor may elect to liberalize the rules set forth herein, but will do so based on operating need and other appropriate considerations. Notwithstanding the above, an employee named on Exhibits A, B, or C may choose to take one week of carryover vacation (of the possible three weeks) at any time entitled thereto, to be taken one day at a time at the discretion of the Publisher. For regular full-time employees, shifts not worked because of non-work related illness or injury up to a maximum of 25 will be included as shifts worked during the year provided that up to an additional 15 shifts not worked because of illness or injury suffered at work may be included as shifts worked during the year, provided that the total number of shifts so included shall not exceed 40 in any twelve-month period ending December 31, unless otherwise agreed upon by the Publisher and the Union. This provision shall not apply in the computation of pay due an employee for vacation credits accrued in any year in which his employment terminates. It is understood and agreed that the purpose of vacations is to provide rest periods for employees so they may return to their jobs refreshed. Vacation pay shall not be construed as a bonus or extra pay for working a specific number of shifts. If during any year 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 prior to January 1 of such year, and in addition he shall be paid vacation credits accrued in the current calendar year up to the date of his termination of employment based, however, on actual straight-time shifts worked during that year and his period of continuous service prior to January 1. DISABILITY BENEFITS FOR ILLNESS OR NON-OCCUPATIONAL INJURIES SECTION XXI. A. After any regular employee has worked 20 or more hours per week for 13 consecutive weeks and so long thereafter as he continues to work 20 or more hours per week, he shall be eligible for disability benefits in the amounts and under the conditions stated hereinafter. B. No benefits shall be paid for the first seven days of any period of disability. Any eligible employee who has been totally disabled continuously for more than seven days shall be entitled to disability benefits thereafter at the rate of one-seventh of two-thirds his straight-time weekly pay for each consecutive full day of disability after the seventh day, subject to and in accordance with the following schedule: 1. Eligible employees who have had less than three years’ continuous service as such immediately preceding the disability - one day of disability benefit, for each eight straight-time shifts he has worked for a period of one year immediately preceding such disability less the number of days for which the employee has been paid disability benefits during such year. 2. Eligible employees who have had three or more years’ continuous service as such immediately preceding the disability - one day of disability benefit for each four straight-time shifts he has worked for a period of one year immediately preceding such disability less the number of days for which the employee has been paid disability benefits during such year. C. Benefits provided herein shall be subject to deductions required by law and shall be less any disability benefits which may be provided for employees through state or federal legislation. No benefits shall be paid to an employee under this Section for any injury or disease for which the employee is entitled to benefits under the Minnesota Worker’s Compensation Law. D. Benefits provided herein will be paid to an employee due to a chronic and recurring ailment for such disability or successive disability up to a total of 58 days. Thereafter, subject to other limitations provided in this Section, his disability benefit rate for any subsequent benefits paid for disability due to the same ailment will be reduced to one-seventh of one-half his straight-time weekly pay. E. No benefits provided herein shall be paid unless the employee gives notice to the Publisher when such disability begins. If the disability continues for more than seven days, the employee must give full and complete information to the Publisher concerning the cause and nature of the disability and submit to periodic medical examinations by a physician selected by the Publisher. The benefits herein are conditioned upon the employee submitting to such medical examinations from time to time during the period of disability, and any refusal to do so and to give proper information regarding his condition shall cancel the obligation of the Publisher to pay the benefits provided. The cost of such medical examinations shall be borne by the Publisher. F. All benefits provided herein shall be canceled and cease upon death, resignation, discharge or termination of services of any employee for any reason whatsoever. OCCUPATIONAL INJURY BENEFITS SECTION XXII. For the first full week and for each week thereafter that an employee is disabled because of any injury for which the Publisher is liable under the Minnesota Worker’s Compensation Law, the Publisher shall pay to such employee as a benefit, an amount equal to two-thirds (2/3) of his weekly straight-time wages less an amount equal to the total of any temporary total or partial disability compensation to which the employee is entitled that week under said law and any wages he is able to earn during such week. The Publisher shall not be required to pay such benefits to any employee for more than thirty-nine (39) weeks for injuries resulting from any one accident. If any employee receives benefits under this provision, the amount, if any, of Worker’s Compensation benefits he later receives for the waiting period provided by law shall be refunded to the Publisher or deducted by it from checks issued to the employee thereafter. PUBLISHER’S RIGHT OF SUBROGATION SECTION XXIII. In the event any employee’s disability for which benefits are payable under Sections XXI or XXII is caused under circumstances creating a legal liability for damages on the part of anyone other than the Publisher, then the Publisher (in addition to any right of subrogation it may have by law) shall be entitled to receive from such employee, and said employee shall pay to the Publisher, any amount said employee shall receive from such other person up to the amount which the employee is entitled to receive as benefits under such Section. HEALTH INSURANCE
SECTION XXIV. A. Employees represented by the Union shall be eligible for, and receive, health/medical/ surgical coverage under the provisions of the Star Tribune Health & Welfare program in accordance with the program presented by the Publisher to the Joint Health Care Committee, of which the Union is a participant, on August 27, 1998, and which included an eight (8)-page memorandum entitled “Integrating Union Employees into Company Self-Insured Plan” which includes that material generally described as Option 3 in the material presented by the Publisher to said Committee. The copy of the presentation of August 27 is incorporated by reference.
B. Any employee who is eligible to participate in the Star Tribune Retirement Plan A (Plan A) will begin to accrue credit toward retiree medical coverage at age 45. The employee will be eligible to participate in the retiree medical plan if he/she is eligible for Early Retirement in accordance with the provisions of Plan A, if he/she elects such Early Retirement prior to age 65 and is a participant in the Publisher’s hospital-medical-surgical group insurance plan at the time of resignation. The employee will be eligible to participate in the retiree medical plan on the same basis under which he participated prior to resignation 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 retiree in accordance with this paragraph as the Publisher would make if the employee remained actively at work; provided, however, that from the time of resignation until age 60, said employee may participate in the plan, but only by paying 100% of the provider’s total premium cost. Should the employee fail to make the insurance premium payments for which he is obligated, the employee’s coverage under the plan shall cease.
In the event the employee dies before the end of his term of retiree medical insurance coverage as provided above, and leaves a surviving spouse and/or dependent children covered under the retiree medical plan, such spouse and/or dependent children may continue coverage until such time as the employee would have become age 70 had he lived, or until such spouse and/or dependent child becomes age 65, or becomes covered by Medicare, or becomes covered by another group health plan or policy, or dies, whichever occurs first. Coverage for dependent children will cease at the time the dependent child would no longer have been eligible for coverage even if the parent had lived. The spouse (or a dependent child who is the only dependent child in the case where there is no surviving spouse) may continue such coverage by paying 100% of the provider’s total premium cost; if a spouse and dependent children or more than one dependent child are involved, family coverage can be continued by paying 50% of the provider’s total premium cost.
Any employee who previously worked for the Star Tribune, subsequently had a break in service within the meaning of Plan A, resumed employment with the Star Tribune after age 45 and was still employed by the Star Tribune on October 1, 1992, will be given retiree medical plan accrual credit for his prior Plan A service with the Star Tribune to the extent it does not exceed such credit that he would have earned if he had been employed by Star Tribune only from the time he became 45 years of age. DENTAL
C. The Publisher agrees to offer and administer the same dental program to all benefit eligible union employees that is available to all benefit eligible non-union employees effective January 1, 2000. It is understood that coverage under this plan is conditioned on the willingness of the provider to extend coverage on the basis set forth herein.
The premium rates for union-represented employees will be the same as those for non-union employees for a given type of coverage.
Employees shall be entitled to elect coverage under this plan during the month of November (open enrollment) or within 31 days of first becoming benefit eligible. LONG TERM DISABILITY D. The Publisher agrees to provide and administer a 60% benefit long-term disability program, available to all benefit eligible members of The Minnesota Newspaper Guild/Typographical Union effective July 1, 1994. This program is insured through Prudential Insurance Company. It is understood that coverage under this plan is conditioned on the willingness of the provider to extend coverage on the basis set forth herein. The premium for this coverage will be shared equally between the Publisher and the participating employees. Employees shall be entitled to elect coverage under this plan during the month of November (open enrollment) or within thirty-one (31) days of first becoming benefit eligible. Employees who do not enroll during the first enrollment period (June 1 through June 17, 1994) or do not enroll within thirty-one (31) days of first becoming benefits eligible, will need to complete an Evidence of Insurability form and will be subject to the underwriting guidelines of the insurer, as required by the insurer. As part of the special enrollment period, employees who already have coverage in effect, will not be permitted to change their pre-post tax option until the next open enrollment period (November 1994 effective January 1, 1995). In addition, employees who declined coverage during November, 1993 for 1994, will be given an option to elect coverage, but it can only be done on a post-tax basis for the rest of 1994. The plan year will be January 1 through December 31, except for 1994, which will be July 1 through December 31, 1994.
HOLIDAYS SECTION XXV. A. Group 1 employees: There shall be seven recognized holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day (or days celebrated as such) and one floating holiday. In addition, if in the future the Publisher recognizes Martin Luther King Jr. Day as a holiday for any group of employees not covered by this Agreement, the Publisher shall make the holiday available on the same basis to Group 1 employees covered by this Agreement as soon as practicable, but in no event later than the following calendar year. Any Group 1 employee who is required to work on such holiday shall be paid two and one-half (2½) times the straight-time hourly rate for any and all time worked with a minimum shift of five (5) hours. Any Group 1 employee normally scheduled and available to work on such holiday and who is not required to work by the Publisher shall be paid seven (7) hours pay at his regular straight-time rate. Four (4) hours’ pay at his regular straight-time rate shall be paid to any regular full-time Group 1 employee for any such holiday not worked, (a) if his regular day off falls on such holiday in a financial week in which he works, or (b) if he is on paid vacation for a full week during which such holiday falls. For the purpose of this Section, regular full-time employee means any employee who normally works five (5) days a week for the Publisher. 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. The Group 1 employee’s floating holiday may not be carried over from year to year of this Agreement but must be used during the year it accrues. At least thirty (30) days before the employee’s floating holiday, the employee shall notify the Publisher of the desired scheduling of the holiday, and shall take the holiday only with the Publisher’s prior approval. B. Group 2 employees: There shall be seven (7) recognized holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and one floating holiday. In addition, if in the future the Publisher recognizes Martin Luther King Jr. Day as a holiday for any group of employees not covered by this Agreement, the Publisher shall make the holiday available on the same basis to Group 2 employees covered by this Agreement as soon as practicable. 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. An employee who is required to work on any such holiday shall be employed for not less than his normal shift on such date and paid two (2) times his straight-time hourly rate for all work performed on such day. Any employee who is normally scheduled to work the day on which the holiday falls and who is not required by the Publisher to work on the holiday shall be paid for his shift not worked at his straight-time rate. Four (4) hours pay at his regular straight-time rate shall be paid to any regular employee for any such holiday not worked (1) if his regular day off falls on such holiday in a financial week in which he works of (2) if he is on paid vacation for a full week during which such holiday falls. CHAPEL MEETINGS SECTION XXVI. Chapel meetings shall not be held during working hours except with the consent of the Publisher. Employees whose shifts are not ended who attend chapel meetings may have added to their shifts the time taken out for the chapel meetings. Should the chapel meetings be prolonged so as to interfere with the work, the Publisher may call to work such employees as are necessary whose shifts are not completed. TECHNICIAN SECTION XXVII. The Publisher shall have the sole discretion as to the hiring of technicians who work as employees of the Publisher. Nothing in this Agreement shall be construed as abridging in any manner the right of the Publisher, at its option, to have installations made by persons not represented by the Union, nor to interfere with the services of qualified and experienced inspectors and repairmen. When additional or replacement technicians are to be hired, the Publisher shall post such positions and give first consideration to current employees who apply for such positions. It is understood that the Publisher, however, has sole discretion to select among internal and external candidates. Technicians using their own hand tools shall receive a tool allowance of $1.50 for each shift they are employed (maximum allowance of $7.50 per week). SANITARY CONDITIONS SECTION XXVIII. The Publisher agrees to furnish at all times healthful, sufficiently ventilated, properly heated and well lighted places for the performance of all work done in its pre-press operation. LUNCH TIME SECTION XXIX. Lunch time shall be on the employee’s time as directed by the Publisher. The Publisher shall be allowed to work such employees no less than three hours nor more than four and one-half hours continuously without a layoff for lunch. The preceding sentence may be waived by the Publisher in the event of the existence of an operational emergency. SHIFTS SECTION XXX. For Group 1 employees, the Publisher shall designate the permanent day or night shift each situation shall be slid in each financial week. It is understood that where it can be done the Publisher will arrange shifts so that Group 1 employees highest in priority shall be given preferred shifts. Such employees shall be permitted to select, at least annually, preferred shifts in accordance with their priority and in accordance with local Union laws. It is understood and agreed that skill sets are a component of competency and, coupled with an employee’s priority date, within the bargaining unit, determine priority. The Publisher will attempt to arrange shifts so that regular situation holders will have the same starting time at least four times a week, except that this requirement shall not be applicable to work performed in case of emergency. The Publisher shall not be permitted to change a regular’s starting time unless it gives the regular at least forty-eight (48) hours’ notice of such change or unless mutually agreed upon. The Publisher shall not be permitted to change a regular’s slide days unless it has given the regular at least one week’s notice of such change or unless mutually agreed upon. FUNERAL LEAVE SECTION XXXI. 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, father, mother, son, daughter, father-in-law, mother-in-law, brother and sister. 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 his regular straight-time pay for each day not worked which he would have been normally scheduled to work during such leave. INDUSTRIAL PENSION SECTION XXXII. A. Effective January 1, 1975, or May 1, 1979, for those employees formerly covered by the Dispatch contract, the Publisher agrees to contribute to the CWA/ITU Negotiated Pension Plan four and one-half percent (4½%) of the appropriate day shift rate specified elsewhere in this Agreement for each “straight-time” shift worked by each employee covered by this Agreement. This obligation shall apply to a maximum of five (5) “straight-time” shifts in any one payroll week by any one employee. The Plan is jointly administered by Trustees appointed in equal numbers by the Union and Employers under an Agreement and Declaration of Trust, and has been found by the Internal Revenue Service to be entitled to exemption under the Internal Revenue Code. B. Contributions shall be made by check, money order or similarly recognized medium of exchange and shall be made payable and forwarded to the CWA/ITU Negotiated Pension Plan, P.O. Box 2380, Colorado Springs, Colorado, 80901, no later than the 20th of the following month, together with reports on forms to be furnished by the Plan. C. Title to all monies paid into the Plan shall be vested and shall be held exclusively by the Trustees in trust for use in providing the benefits under the Plan and paying its expenses. D. The Publisher agrees that in addition to the Union’s right to enforce this Section the Trustees shall have the right in their discretion to take any action necessary to collect any contributions or monies due and owing to the Plan and to secure delinquent reports. The Publisher further agrees that the Trustees shall have to the right to collect reasonable attorney’s fees and expenses incurred in connection therewith. E. Unless otherwise explicitly agreed in writing, benefits provided by contributions to the CWA/ITU Negotiated Pension Plan pursuant to this Section shall be in addition to all other benefits heretofore provided by the Publisher and/or by any Plan or Trust to which the Publisher has made contributions. LIFE INSURANCE SECTION XXXIII. Effective April 1, 1972, the Publisher agrees to provide Five Thousand Dollars ($5,000) life insurance of the type now provided to employees by Reliastar Insurance Company and administered by the Publisher for all employees who are eligible to participate in such insurance plan and who are participants therein. Employees may at their option and their cost purchase additional insurance of one or two times one year’s salary for themselves. Further, they also may buy coverage of one or two times one year’s salary for a spouse (the spouse shall provide satisfactory medical evidence of health). Example: a person earning $35,000 would receive $5,000 insurance paid by the company and could buy $35,000 or $70,000 coverage in addition. If that person is married, he or she also may choose to buy $35,000 or $70,000 on his or her spouse. Coverage after age 70 – Spousal and additional life insurance coverage will be reduced at the end of the month in which the employee reaches age 70, to 65 percent of the amounts otherwise payable. At age 75, those coverage amounts will be 45 percent of the amounts other wise payable.
PRODUCTIVITY PAYMENTS SECTION XXXIV. In recognition of the mutually beneficial terms negotiated in this Agreement, the Publisher will, in each year up to the first five (5) years of the Agreement, make a $1,000 payment on behalf of each employee on the payroll as of January 1, 2000. The Union shall, by January 10 of each of the first five (5) years of this Agreement, notify the Publisher in writing whether the payments shall be paid into the employees’ individual 401K accounts, paid into the CWA/ITU Negotiated Pension Plan, or paid to each employee in cash (after subtracting all legally required taxes and other deductions). The Union must select the same payment option for all employees receiving payments under this section. If the Union fails to elect a payment option by January 10, the Publisher shall make the payments in the same way that the previous year’s payments were made. Employees must be on the payroll on January 1 of each year to be eligible for any payments under this section. Employees who voluntarily terminate employment, are discharged for cause, or are for any other reason not on the payroll as of January 1 of the year in which the payment is to be made, shall forfeit any future payments to which they would otherwise be entitled under this section. If any provisions of the Internal Revenue Code, or any Internal Revenue Service Ruling, prevents all or any part of any payment under this Article from being contributed to the employees’ 401K accounts or the CWA/ITU Negotiated Pension Plan the amount shall instead be paid to the eligible employees in cash (after subtracting all legally required taxes and other deductions) on the date such payments would have been made to the 401K accounts or the CWA/ITU Negotiated Pension Plan. It is expressly understood that all contributions to 401K accounts or the CWA/ITU Negotiated Pension Plan pursuant to this Article are contingent upon continuing receipt from the Internal Revenue Service of a determination letter that the payments provided herein are deductible as business expenses for the Publisher. Present and future employees may contribute to their retirement plans on their own behalf and in accordance with the rules of the applicable plans. MISCELLANEOUS SECTION XXXV. No chapel rule or office rule shall interfere with the carrying out of this Agreement. LOCAL JOINT STANDING COMMITTEE SECTION XXXVI. The Local Joint Standing Committee provided for herein before shall be composed of two representatives of the Publisher and two representatives of the Union and a fifth person as hereinafter provided when necessary. In case of a vacancy, absence or refusal of any such representatives to act, another shall be similarly appointed to serve in his stead. If either the Publisher or the Union should fail or refuse to have in attendance two representatives of the Local Joint Standing Committee at a regularly called meeting thereof, the matter before the Committee shall be disposed of just as if they were in attendance, and any decision shall be final and binding. A majority decision of Local Joint Standing Committee shall be final and binding on all points of a controversy upon all in any manner concerned. The Printing, Publishing & Media Workers Sector General Laws of the Communications Workers of America shall not be subject to arbitration under the Code of Procedure. The Local Joint Standing Committee may adjourn a hearing to such time as it may deem advisable. After evidence and arguments are in, the Local Joint Standing Committee shall go into executive session and consider and determine the case. If the Committee cannot, within three days after it has thus gone into executive session, agree upon a decision, then it shall select or cause to be selected a fifth and disinterested person to act as arbitrator, and then the case shall be determined by the Committee by a majority vote of said five people. If the Committee fails to agree upon the fifth person within twenty (20) days after the first meeting of the Local Joint Standing Committee, the Union and the Publisher, shall by joint letter, request the Director of Federal Mediation and Conciliation Service, to submit a panel list of seven (7) arbitrators. Within ten (10) days after receipt of said panel list, representatives of the parties shall 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 parties shall alternate in the striking of the first name and the other party shall then strike a second name; the party striking the first name shall then strike the third name; and the party striking the second name then shall strike the fourth name and so on until one name remains. The name remaining shall then be the neutral arbitrator. Each party shall bear and pay one-half of the total expenses necessitated by the selection of the fifth persons. Before making such decisions, said arbitrator shall be given an opportunity to read and study the documentary evidence, the transcript made by a reporter of the oral evidence, and the written arguments, if written arguments have been filed, or to hear oral arguments of written arguments have not been filed. As soon as he shall have completed his study of the evidence and his reading or hearing of the arguments, he shall render his/her decision in writing. If either party should fail or refuse to appear and put in evidence or make argument, the case may be decided upon what is presented to the Committee, and then the case shall proceed as provided herein. All expenses shall be borne one-half by the Publisher and one-half by the Union. CODE OF PROCEDURE Discharge SECTION XXXVII. A discharge case shall not be considered by the Local Joint Standing Committee until and unless the following shall have been complied with: In case any employee is discharged, his case, if contested, shall first be heard by a conciliatory committee composed of two persons designated by the Publisher, the president of the Union and the chairman of the chapel or a member of the Union chosen by the complainant. The complainant shall be in attendance at meetings of the conciliatory committee, and both parties shall have the right to present evidence at such meetings. If such case shall not be adjusted by a majority ballot of said committee, the matter shall then be referred to the chapel. In deciding discharge cases, the chapel shall vote by secret ballot. Notice of chapel decisions in discharge cases shall at once be served on the Publisher by the President of the Union. Either party may appeal from a decision of the chapel to the Local Joint Standing Committee. Such appeal must be instituted within three days, exclusive of the day of decision by the chapel, by filing with the Publisher and the president of the Union a notice of appeal, stating the cause of appeal, the date of discharge and the date of the chapel decision. The discharged employee need not be reinstated pending any decision. In the event that no appeal is taken from a decision of the chapel within three days, the chapel decision shall stand. CONTRACT CASES SECTION XXXVIII. Questions regarding violations of this Agreement and Scale of Wages may be brought to the Local Joint Standing Committee by either party (Publisher or Union) by filing with the Publisher and president of the Union, a written statement setting forth the cause of action. Upon receipt of notice of appeal, the party receiving notice of appeal shall notify the members of Local Joint Standing Committee and a meeting of the Committee shall be arranged. The time of such meeting shall be not later than five days after the receipt of such notice of appeal in discharge cases, and not later than ten days in other cases. The place of such meetings shall be determined by the Publisher’s representatives and the Union’s representatives. At the time and place so fixed by such agreement and notice the Local Joint Standing Committee shall meet for consideration of such appeal as may have been made. Both parties to any dispute as to any question shall be given an opportunity to present evidence and to make arguments. Documentary evidence offered shall be filed with the Committee, and oral evidence shall be taken down by a reporter. The appellant shall first put in his evidence, then the respondent shall put in his evidence. There may be evidence on the part of the appellant strictly in rebuttal. Arguments may be written or oral, the arguments taking the same order as the introduction of evidence. When arguments are written, each party shall furnish the other with a copy of his arguments, and the Committee may prescribe the time of the making of the arguments and the time for the filing of the original written argument, the answer and the reply. In all cases where a claim for the payment of money for a loss or losses is made, the Local Joint Standing Committee shall determine the amount of such loss or losses, if any, and shall direct the payment thereof to the party sustaining such loss or losses if such there be. ONE TIME SUPPLEMENT TO RETIREMENT PAYMENT SECTION XXXIX. Employees listed on Exhibits A, B and C whose employment terminates due to voluntary retirement, resignation, or death shall be entitled to a one time supplement to retirement payment in the amount of $7,000 (after subtracting all legally required taxes and other deductions) when employment terminates. Employees whose employment is terminated by the Publisher for cause forfeit any right to the one time supplement to retirement payment under this Section. FRINGE BENEFITS SECTION XL. The parties hereto recognize and agree that historically the Publisher and the several unions in the plant have jointly negotiated changes, both improvements and reductions, in the fringe benefit package which the Publisher provides to organized employees. These changes have normally been negotiated first during each “round of negotiations” by one union or another with the Publisher and the same or comparable changes have then been negotiated between the Publisher and the remaining unions in the plant. A round of negotiations is commonly considered to be one complete set of negotiations between the Publisher and each of the various unions in the plant and which is marked by similarity in the term of contract, wage adjustments granted and fringe changes made. “Fringe benefits” for purposes of this Section are considered to be vacations, disability or sick pay benefit provisions, supplemental worker’s compensation pay provisions, holidays, hospital-medical-surgical insurance, funeral leave and life insurance plans, and improvements in the contribution rate to industrial pension programs to which the Publisher makes contributions. It is herein agreed that during the term of this Agreement, the Publisher shall grant changes in fringe benefits to employees represented by the Union in accordance with the fringe changes, if any, negotiated by the Publisher with the other unions in the Publisher’s plant and which are considered to be part of the “plant pattern” settlement. It is agreed that for purposes of determining the “plant pattern” for fringe purposes, the parties will primarily look at settlements between the Publisher and the other printing trade unions, particularly the Photoplatemakers, Mailers and Pressmen. Special fringe benefit improvements hereinafter granted to any other union in the Publisher’s plant which are specifically negotiated by the Publisher and such union to allow modification or elimination of restrictive work practices shall not be considered as “fringe benefits” for purposes of this Section nor shall the “value” of such special fringe benefit improvements be included in the computation of the “value” of the fringe benefit package granted such other union for purposes of the next paragraph. It is recognized that there has been in the past and may be in the future some variance in the fringe benefit changes negotiated between the Publisher and each of those unions. If such variances do occur, the Publisher shall negotiate with the Union what the specific changes shall be for employees represented by the Union. It is agreed, however, that in no case shall the “value” of the change in the fringe benefit package granted to the employees represented by the Union exceed the value of the changes granted to other printing trade unions. The computation of the “value” of the benefit package change shall be done in accordance with normal collective bargaining procedures. The parties shall jointly agree on the particular fringe benefit changes to be granted to the employees represented by the Union in accordance with the above paragraph and shall also agree on the timing of such changes. In the event that the parties hereto cannot jointly agree on the timing of fringe changes, the valuation of such changes or what changes are to be offered to the Union, or any other issue relative to fringe benefit changes, then either the Publisher or the Union may submit the issue to binding arbitration in accordance with Section XXXVI of this Agreement. In no case and under no circumstances shall either party to this Agreement resort to strike or lockout against the other because of disputes arising under this fringe benefit Section. In the event the Publisher negotiates concessions (also known as “give backs” or similar terms) that result in a reduction in the value of any fringe benefit(s) with any union and that change becomes part of a plant pattern, such reduction shall be applicable to the employees represented by the Union in the same way as are improvements. DURATION OF AGREEMENT SECTION XLI. This Agreement shall be in effect with the day shift of January 1, 2000, for a term to and including December 31, 2014. Sixty (60) days prior to the expiration of this Agreement, either party hereto may give to the other party notice of desire to change the terms thereof. Negotiations shall be immediately entered into and proceed with all due diligence. If an agreement has not been reached by the date upon which the Agreement expires, conditions prevailing prior to the expiration of this Agreement shall be maintained until an agreement is reached or other action is authorized by the Communications Workers of America or the Publisher. To the extent that this Agreement provides for any changes in working conditions or terms or provisions of previous agreements, such changes shall not be effective retroactively unless specifically so provided herein. The parties acknowledge that during the negotiations resulting in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any and all subjects not removed by law from the collective bargaining process and that the understandings and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement. This Agreement constitutes the full and complete agreement between the parties, superseding all prior agreements, understandings and practices, both oral and written. SECTION XLII. It is agreed that the only parties to this Agreement are The Minnesota Newspaper Guild/Typographical Union and the Publisher. It is further agreed that the Communications Workers of America’s approval of this Agreement, as complying with its Laws, does not make it a party hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ____ day of __________________, 2000.
EXHIBIT A Effective January 1, 2000
1. Rivers, J.W. 2. Evans, Arnie 3. Wurst, Jim 4. Doerfler, L. 5. Rask, Lew 6. Cravens, Brian 7. Dahl, Roger 8. Newburg, D. 9. Rewald, A.T. 10. Tiedman, R. 11. Smith, Wayne 12. Ebel, Don 13. Mottl, Greg 14. Carstens, J.A. 15. Anderson, R.H. 16. Danielowski, D. 17. Erickson, Bob 18. Kampa, P. 19. Kelly, Jim 20. Anderson, Bill 21. Buchholz, D. 22. Poitra, Ray 23. Quick, R. 24. Augustson, J. 25. Gamec, E. 26. Schmeltzer, R. 27. Bennett, G. 28. Stepka, J. 29. Britten, G. 30. Zembal, Tim 31. Iverson, Mike
32. Anderson, D. 33. Rafferty, R. 34. Danielson, C. 35. Switala, L. 36. Williams, L. 37. Koonce, J. 38. Schander, T. 39. Williams, Bill 40. Poitra, Rick 41. Koziol, Bill 42. Kiecker, G. 43. Ward, P. 44. Bair, C. 45. Hoeben, A. 46. Stolt, Glenn 47. Pfannsmith, R. 48. Nygard, L. 49. Retzer, D. 50. Olavson, D. 51. Ostendorf, D. 52. Holte, J. 53. Buchholz, S. 54. Gillette, K. 55. Ballingosh, J. 56. Waddell, D.
EXHIBIT
C Effective January 1, 2000
1. Clifford Lasley 2. Gary Torgerson 3. Joseph Morris 4. Steven Pace 5. Helen Swanson 6. Thomas McGraw 7. John Bart
EXHIBIT B
Employees on the payroll as of January 1, 2000:
1. All employees named on Exhibit A 2. All employees named on Exhibit C 3. Ostendorf, J. 4. Staab, L. 5. Bradley, D. 6. Crane, E. 7. Kinzer, D. 8. Hershkovitz, V.
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