Collective Bargaining Agreement

 

Between

 

DETROIT FREE PRESS, INC.

For

THE DETROIT FREE PRESS

 

 

and

 

 

NEWSPAPER GUILD OF DETROIT

 

 

 

 

 

 

 

 

 

October 13, 2003 to January 14, 2007


TABLE OF CONTENTS

                                    Page

Article I            Exclusions            1

Article II            Guild            2

Article III            Classification and Wages            3

Article IV            Expenses            5

Article V            Hours            5

Article VI            Holidays            7

Article VII            Vacations            7

Article VIII            Sick Leave            9

Article IX            Leaves of Absence            10

Article X            Advancement            11

Article XI            Professional Integrity            12

Article XII            Military Service            13

Article XIII            Job Security            14

Article XIV            Pay Upon Dismissal            16

Article XV            Adjustment of Disputes            18

Article XVI            Death Benefits            19

Article XVII            Medical and Hospital Insurance            19

Article XVIII            Retirement Fund            21

Article XIX            Funeral Leave            21

Article XX            Miscellaneous            22

Article XXI            Term            23

Attachment I            Exclusions            25

Attachment II            Memorandum of Understanding Re:  Drug Policy            27

Attachment III            Economic Settlement            35

Attachment IV            Letter of Understanding Re: Lunch Periods            38

Attachment V            Letter of Understanding Re: Overtime Compensation            39

Attachment VI         Letter of Understanding Re: Retiree Health Benefits         40


AGREEMENT

 

between

 

DETROIT FREE PRESS, INC.

for

THE DETROIT FREE PRESS

 

and

 

NEWSPAPER GUILD OF DETROIT

 

This Agreement made this 13th day of October, between Detroit Free Press, Inc. for and in behalf of the Detroit Free Press, hereinafter known as the Publisher, and the Newspaper Guild Of Detroit, acting for and in behalf of itself and all employees in the Editorial department of the Detroit Free Press except as hereinafter provided in Article I.

 

WITNESSETH

 

In consideration of the covenants mutually hereinafter agreed, it is agreed between the Publisher and the Guild as follows:

 

ARTICLE I

EXCLUSIONS

 

Section 1. The following positions are excluded from the application of this Agreement: A list of excluded positions and the names of employees currently in those positions as agreed upon between the parties is available in the office of The Newspaper Guild and the Administration Department of the Detroit Free Press (Also see Attachment I for additional positions).

 

Section 2. Those employees of the Washington Bureau of Knight-Ridder Newspapers, Inc., who have been or may in the future be transferred to Washington from positions on the Detroit Free Press staff covered by this Agreement, shall continue to be covered by all of the clauses of this agreement as if they were employed in Detroit.

 

Section 3. (a) The jurisdiction of the Guild in Editorial department is defined as the kind of work presently and historically performed within the bargaining unit described in NLRB Certification R-1559 and any other work permanently assigned to employees within such bargaining unit.

 

b) Performance of such work shall be assigned to employees of the Publisher as described in Section 3(a) of this Article, except that employees occupying the excluded positions described in Section 1 of this Article shall continue to perform bargaining unit work as they have historically heretofore performed.

 

ARTICLE II

GUILD

 

Section 1. (a)  Union Membership:  It shall be a condition of employment for all active employees who are members of the Union on the effective date of this Collective Bargaining Agreement to remain members of the Union for the term of this Collective Bargaining Agreement, and it shall also be a condition of employment for all employees who become members of the Union during the term of this Collective Bargaining Agreement to remain members of the Union for the term of this Collective Bargaining Agreement.  The Agency shall furnish to the Union within two (2) weeks of hiring a new employee, the name, address, and telephone number of such newly hired employee.

 

(b)  The Agency shall deduct each month from an employee’s pay those amounts required for payment of his/her current Union dues and fees and shall remit such amounts so deducted to the Union on a monthly basis; provided however, no such deduction shall be made except as is permitted by law and specifically authorized by the effected employee.

 

Section 2. The Guild agrees that, subject to the Constitution of The Newspaper Guild and the By-Laws of the Guild, it will admit to membership and retain in membership any employee.

 

Section 3. (a) The publisher shall furnish to the Guild, in writing, within a week after their employment, the names, addresses, telephone numbers, dates of hiring, dates of birth, sex, race, Social Security numbers and contract classifications of persons hired after the effective date of this Agreement and subject thereto.

 

(b) The Publisher shall notify the Guild of changes in classification, and also of resignations, retirements or deaths and effective dates.

 

Section 4. The Publisher by agreement with the Guild may, during the life of this agreement, create additional managerial or executive positions not now covered by this Agreement and not specifically excluded therefrom. In the event that the Publisher seeks to create a position and the Guild does not agree that such position by reason of managerial or executive character, should be excluded, the matter shall, be resolved under the provisions of the National Labor Relations Act.

 

Section 5. The parties hereto agree that they shall adhere to all State and Federal regulations regarding non-discrimination in the hiring and advancement of employees. Both parties remain committed to a program of equal opportunity for all based on merit, ability and accomplishment.

 

Section 6. There shall be no dismissal of, or discrimination against, any employee because of his/her membership, non-membership or activity in the Guild.

 

Section 7. (a) The Publisher will furnish, in writing, to a covered employee and, simultaneously to the Guild, a copy of any commendation or any incident of unsatisfactory performance of work or omission in performance of work which may serve as a basis for future disciplinary action. Should any comment or notation, as defined above, which the employee and/or the Guild deems to be adverse be placed in an employee's personnel file, the employee and, or the Guild shall have the right to place in such file a response.

 

(b) Upon reasonable notification, employees may review their individual personnel file in the Human Resources Department. Upon request, copies of materials in the file shall be provided. Request for such review shall be made during normal working hours.

 

ARTICLE III

Classification and Wages

 

Section 1. No employee on the payroll on the date of effective date  of this Agreement or subsequently hired during the term of this Agreement shall receive less than the rates of pay set below.

 

(a)            Effective October 13, 2003:

 

            Start            6 Months            2nd Year    3rd Year    4th Year    5th Year

 

            Editorial Aide:

              $481.56          ----------            $487.28            $502.21          ----------         ----------

 

            Library Reference Clerk, General Clerk:

             $477.53            $486.05            $494.28            $521.76            $564.36            $613.33

 

Radio TV Log Assistant:

            $487.28          ----------            $520.55            $540.60            $613.33          ----------

 

Editorial Intern:

            $541.33          ----------         ----------         ----------         ----------         ----------

 

Secretary:

            $525.02          ----------            $545.27            $612.56            $623.43          ----------

 

Editorial Research Assistant, Payroll Clerk:

            $570.35          ----------            $621.03            $688.12          ----------         ----------

 

Librarian:

            $617.13          ----------            $657.57            $711.26            $734.59            $781.85

 

Artist, Copy Editor, Financial Editor, Reporter, Photographer, Designer, Paginator,

Web Producer:

            $617.44          ----------            $691.09            $789.80            $840.34            $874.99

            Start            6 Months            2nd Year    3rd Year    4th Year    5th Year

 

Photo Lab Assistant, Sports Agate Editor:

            $617.44          ----------            $691.09            $789.80          ----------         ----------

 

            Assistant Editor, Head Copy Editor, Picture Editor, Editorial Writer, Bureau Chief,

            Web Editor:

            $896.46          ----------         ----------         ----------         ----------         ----------

 

(b)            Effective October 13, 2003, all employees’ pay will be increased by two percent 2%).  There shall be another two percent (2%) pay increase for employees on the active payroll on January 17, 2005 and another two percent (2%) pay increase for employees on the active payroll on January 16, 2006.

 

Section 2. An employee paid above the top minimum of his/her classification shall maintain the same dollar differential above the new top minimum of his/her classification when minimums are increased.

 

Section 3. The weekly salary of any employee whose normal working schedule requires him/her to be on duty at any time during any week between 7:00 p.m. and 7:00 a.m. shall be increased by five percent (5%) for that week.

 

Section 4. Part-time employees shall be paid on an hourly basis equivalent to the weekly minimum salary provided for that employee's classification and experience.

 

Section 5. As long as skills and ability are available within the bargaining unit, no part-time or temporary employee shall be employed where such employment would eliminate or displace a regular full-time employee.

 

Section 6. There shall be no reduction in salaries during the life of this Agreement, except as provided in Article X, Section 3(b).

 

Section 7. Payment of wages shall be made weekly and in United States currency or check.

 

Section 8. Should the publisher create a new job or job classification in the bargaining unit, or should an existing job be modified to the extent that a dispute arises between the parties as to the appropriate minimum for such modified job, the Publisher and the Guild will meet to determine the appropriate minimum. If agreement on the appropriate minimum cannot be reached, the Guild may submit the dispute to final and binding arbitration under Article XV. The new minimum shall be effective upon the date the new or modified job was created.

 

Section 9.  Nothing in this Agreement shall prevent the employer from granting merit increases above top minimum, bonus payments and other compensation in addition to contractual wages.  The Guild will be notified at the time such increases, bonus payments or other compensation is made.

 

ARTICLE IV

Expenses

 

Section 1. The Publisher shall pay all legitimate expenses of the employee incurred in the service of the Publisher. The Publisher shall furnish all materials and equipment necessary for the work done in his/her service.

 

Section 2. An employee who uses his/her car in the service of the Publisher shall be compensated at the rate of Thirty-Two Cents ($.32) per mile.

 

Except as noted below any employee who is regularly required to furnish a car as a condition of employment will receive a minimum daily allowance equal to thirty-two (32) times the rate per mile in effect. Photographers required to furnish a car as a condition of employment will receive a minimum daily allowance equal to thirty-five (35) times the rate per mile in effect.

 

The above minimum daily allowance guarantees shall not apply when an employee is off duty for any reason.

 

Section 3. The Publisher will provide cars and pay operating charges on such cars for employees who are not duly authorized to use their own automobiles.

 

Section 4. Except by mutual agreement between the Publisher and the employee, an employee required to furnish an automobile on a weekly car allowance basis in the service of the Publisher shall be given six (6) months' notice of discontinuance of the use of such automobile, except in the case of resignation, retirement or discharge, where no such notice will be required.

 

ARTICLE V

Hours

 

Section 1. All employees shall work a five (5) day, thirty-seven and one-half (37-1/2) hour workweek (exclusive of lunch time) and shall be credited with overtime for all time worked in excess of thirty-seven and one-half (37-1/2) hours.   Should an employee work more than seven and one-half (7-1/2) hours in one (1) day of the workweek, such time beyond seven and one-half (7-1/2) hours shall count toward weekly overtime, provided the employee completes his/her weekly schedule or is off due to excused illness or vacation.  After working more than seven and one-half (7-1/2) hours in a day, the employee and the Company may, by mutual agreement, modify the remaining workweek schedule to equal the total of thirty-seven and one-half (37-1/2) hours.

 

(a)  Four (4) day work weeks shall be scheduled by mutual consent between the employee and the Publisher.

 


(b)  Two (2) weeks advance notice shall be given by either side of its intent to change from a four (4) day to a five (5) day schedule or vice versa.

 

(c)  The regular work day for employees on the four (4) day work week schedule shall consist of nine (9) hours and twenty (20) minutes excluding a thirty (30) minute lunch period.

 

 (d)  Insofar as an employee's eligibility to receive contractual benefits is concerned, an employee who works a scheduled four (4) day work week shall be treated on the same basis as an employee working a five (5) day work week. An employee working a scheduled four (4) day work week shall be credited with working 1.25 shifts per day for benefit purposes, except that such employee shall not be entitled to any greater benefits than an employee working a five (5) day work schedule.

 

(e)  The Publisher will maximize consecutive days off for employees working a four (4) day work schedule.  In any event, the employee will have two days off together.

 

(f)  Nothing in this agreement shall prohibit the Publisher from scheduling overtime shifts, as it deems necessary.

 

Section 2. The working day shall consist of not more than seven and one half (7-1/2) consecutive hours excluding the lunch period.

 

Section 3. Overtime shall be worked when required by the Publisher. The Publisher shall compensate for authorized overtime at the rate of time and one-half in cash or compensatory time in accordance with the side letter.

 

Section 4. The Publisher shall cause a record of overtime to be kept. Overtime must be reported by the employee in writing within the working week after the assignment causing its accumulation is completed.

 

Section 5. No employee shall be required to work a regularly scheduled shift which will require his/her return to duty less than fourteen (14) hours after he/she leaves duty, exclusive of overtime, except on Saturday when the interval between Friday and Saturday shifts may be ten (10) hours.  Further exception, also, is recognized for part-time employees when the interval may be ten (10) hours by mutual consent of the employee and the Publisher.

 

Section 6. Employees shall be given two (2) weeks' notice by the Publisher of changes in their regular working schedules; provided that changes made necessary by illness or emergencies caused by an employee's inability to work his/her posted schedule may be made on ten (10) hours' notice. Staff shortages resulting from "news breaks" or variations in volume of work shall

not be construed as "emergencies". Any employee required to work during hours outside his/her posted schedule (except as hereinbefore provided) shall be compensated for such work at overtime rates or compensatory time.

 


Section 7.  Any employee required by the Publisher to work on his/her regular day off shall be compensated for a full day in accordance with the overtime provision of this Agreement.

 

ARTICLE VI

Holidays

 

Section 1. The following day or days observed as such shall be considered holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day,

 

Section 2. Any employee required to work on any of these days shall be paid (in addition to his/her salary for that week) for a day's work at the rate of time and one-half. [Six (6) hours shall constitute a full working day]. For all hours worked beyond six hours, the employee will be compensated at two times the employee's converted straight-time hourly rate, except for employees working a four-day (4) week wherein the time period will be seven and one-half (7-1/2) instead of six (6) hours.

 

Section 3. For the purpose of computing overtime, a holiday not worked shall be considered as a day worked. If a holiday falls on an employee's scheduled off-day, such employee, at his/her option, shall receive either time and one-half for the fifth day worked in that week or a day off with pay within the next three (3) financial weeks on date mutually agreed to by the employee and his/her department head.

 

Section 4. Where practicable, no employee covered by this Agreement shall be required to work more than two (2) such holidays a year. 

 

Section 5. Part-time employees who regularly work more than twenty (20) hours a week shall be entitled to holiday benefits on a pro rata basis, such basis to be determined by computing the percentage of average hours worked during the previous thirteen (13) week period to the standard work week.

 

Example: If an employee averages twenty-one (21) hours per week during the thirteen (13) weeks preceding the holiday that employee shall be entitled to holiday pay in the amount of 56% (21 hours divided by 37.5 hours) of a regular shift's pay.

 

Section 6.  Each employee will be entitled to an additional holiday, that being his/her birthday.

 

Section 7.  Employees must work the scheduled day before and the day after the holiday in order to receive pay for the holiday unless the employee has a legitimate excuse. 

 

ARTICLE VII

Vacations

 

Section 1. Annual paid vacations shall be granted by the Publisher, based on total service with Knight-Ridder Newspapers, Inc. Days spent on leave of absence of three (3) months or less shall be counted as working days for the purpose of computing vacation credits. Vacations shall be pro-rated on the basis of actual time worked for years in which a leave of more than three (3) months is taken.

 

Section 2. Employees are entitled to an annual vacation with pay at the rate of one (1) week for six (6) months continuous service two (2) weeks after one (1) year continuous, three (3) weeks after three (3) years continuous service, four (4) weeks after five (5) years continuous service and effective January 1, 2004, five (5) weeks after fifteen (15) years continuous service as of December 31 of the preceding calendar year. From the date of hire until the first January 1, the employee may take one day of vacation for every twenty-six (26) days worked, up to a maximum of ten (10) days.

 

Section 3. Vacation shall be earned and taken during the calendar year. Vacation may not be accumulated from year to year.

 

(a) Employees with less than three (3) years of service on December 31 of the previous year shall be entitled to vacation at the rate of one day's vacation for each twenty-six (26) shifts worked. Such employee shall earn no more than two (2) weeks vacation in the calendar year.

 

(b) Employees with more then three (3)years of service but less than five (5) years of service on December 31 of the previous year shall be entitled to vacation at the rate of one day's vacation for each sixteen (16) shifts worked.  Such employee shall earn no more than three weeks vacation in the calendar year.

 

(c) Employees with five (5) or more years of service on December 31 of the previous year shall be entitled to vacation at the rate of one day's vacation for each thirteen (13) shifts worked. Such employee shall earn no more than four weeks vacation in the calendar year.

 

(d) Effective January 1, 2004, employees with fifteen (15) or more years of service on December 31 of the previous year shall be entitled to vacation at the rate of one day’s vacation for each ten (10) shifts worked.  Such employee shall earn no more than twenty-five (25) days or five (5) weeks vacation in the calendar year.

 

(e) For the purpose of this Section, shifts worked are defined as all shifts for which the employee is paid.

 

Section 4. In the event of termination of employment, accrued vacation credits shall be liquidated in cash. Any employee who terminates his/her employment, voluntarily or otherwise, is entitled

to receive vacation pay earned in the current calendar year, less any vacation previously paid for in the calendar year. Any used but unearned vacation days will be deducted from the employee's final paycheck.

 

Section 5. No employee shall be required to accept a vacation at any time except between April 1 and November 1. This clause shall not be construed, however, to prohibit winter vacations by

agreement between the employee and the Publisher.  An employee entitled to a fifth (5th) week of

vacation shall receive such fifth (5th) week at a time subject to approval of the office. The Publisher will endeavor to schedule such fifth (5th) week as requested by the employee.

 

Section 6. The free days of each employee in the weeks preceding and following his/ her vacation shall immediately precede and follow his/her vacation and in the event the vacation of an employee includes one of the holidays mentioned in Section 1 of Article VII hereof, such employee shall receive one (1) day of vacation in addition to that provided in this vacation Article.

 

Section 7. For the purpose or this Article, paid working days are defined as "days for which the employee is paid excluding paid vacation time".

 

Section 8. Vacation pay for regular part-time employees who qualify under the terms of this vacation Article shall be computed on the basis of the average weekly pay of the employee during the qualifying period.

 

In applying the service requirements set forth in Sections 3, 4 and 5 above to regular part-time employees, service shall be computed from the employment dates of such employees.  For the purpose of this Section only, a regular part-time employee is one who works twenty (20) or more hours per week during thirty-six (36) or more weeks of the calendar year; provided, in the application of Section 6 above, the part-time employee works twenty (20) or more hours per week during eighteen (18) or more weeks during the six (6) month period. Part-time employees who do not meet the foregoing requirements, shall have their vacation eligibility computed on the basis of actual hours worked, as in the past.

 

ARTICLE VIII

SICK LEAVE

 

Section 1.  In accordance with the past practice of the Publisher, sick leave with pay shall be granted all employees based on the length of service as presented below.  No deduction shall be

made for sick leave from overtime credited or to be credited to the employee. The Publisher may deduct any amount received by the employee under the Workers Compensation Act.

 

                                                Number Weeks           

                        Full Pay                        Half Pay                        Total

Length of Continuous

Service

Up to 2 years     4             2           5

2 to 5 years     6             4           8

5 to 10 years   10             8         14

10 years or more           12           10         17

 

The number of paid days of absence due to illness or physical disability in the current calendar year shall be deducted from the number of days allowed in the above schedule.

 

Section 2. In regard to part-time employees, any part-time employee who worked twenty (20) hours per week or more during thirty-six (36) weeks or more during the fifty-two (52) week period preceding hospitalization or disability shall be entitled to such leave with pay for serious illness or accident (including pregnancy related disability and recuperation from hospitalization or surgery) when the employee is unable to work for a period exceeding one (1) week. Pro-rata pay based upon the employee's last posted work schedule prior to the period of disability will begin on the eighth (8th) consecutive calendar day of absence or first (1st) day of hospitalization or absence due to accident.  Medical substantiation for absence will be required prior to authorization for payment. Part-time employees who do not qualify in accordance with the foregoing requirements are not eligible for pro-rata sick leave pay.

 

ARTICLE IX

Leaves of Absence

 

Section 1. By agreement with the Publisher, an employee may be granted a personal leave of absence without prejudice to continuing service in the determining of severance pay, provided the leave is granted in writing.  The time spent on such leave shall not be construed as service time. 

 

Section 2. Employees of five (5) years or more of continuous service may, upon timely request and in the publisher’s discretion, be granted a leave of absence without pay not exceeding six (6) months in duration, provided that the number of employees who may be on leave at the time shall be restricted to a reasonable number, with regard for efficient operation of the Publisher's business and the convenience of employees. An employee's request for a personal unpaid leave of absence upon the termination of her pregnancy or adoption of an infant, shall be granted for up to six (6) months so long as she provides her supervisor with as much notice as possible.

 

Section 3. If an employee is elected as delegate for the Guild to a convention of The Newspaper Guild (TNG), or of the A.F.L.-C.I.O., or is elected to membership on the International Executive Board of TNG or the A.F.L-C.I.O., or is appointed to a full-time position of TNG, or any of its branches, the Publisher shall grant such employee, upon request, leave of absence, without pay, and shall to the best of his/her ability cooperate to arrange vacations and days off to enable such employee to fulfill his/her official duties in the Guild. The number of employees on leave under this Section shall be limited to four (4) at any one time. except by mutual consent.

 

Section 4. The Publisher agrees that to the best of his/her ability he/she will cooperate in arranging days off for employees elected to local Guild office so that they may fulfill the duties of their offices.

 

Section 5. Employees of five (5) years or more of service may, in the publisher’s discretion, be granted unpaid leaves of absence of up to a year in duration to accept grants, fellowships or scholarships for professional development study.  An employee on such leave shall return to the same or a comparable position upon expiration of such leave.

 

ARTICLE X

Advancement

 

Section 1. (a) The Publisher shall continue the practice of advancing employees to positions where vacancies occur, where practicable in the judgment of the Publisher, and shall consider experience and length of service with the Publisher among factors in determining qualifications of employees for filling vacancies.

 

(b)(1) When a vacancy arises in the Guild jurisdiction, before seeking applicants from outside Free Press work forces, the Publisher will post a notice on all Guild bulletin boards. Written applications and statements of credentials will be accepted from interested applicants in the Guild bargaining unit and such applications timely submitted to the personnel department will receive the Publisher's consideration before the position is staffed.  Editorial Aides shall have first consideration in applying for openings in the beginning reporter classification. 

 

(b)(2)  Notwithstanding the above, where the Publisher has the opportunity to hire from the outside a person with unique skills and qualifications, the Publisher will be excused from the foregoing requirements.  The Publisher shall notify the Union of its intentions prior to hiring such a person.

 

Section 2. In the application of the foregoing schedule of minimums, experience on the editorial schedule with the exception of editorial aides, shall include work on English language newspapers, news syndicates, news magazines, news photo services. city news bureaus, national news services and other comparable work.