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.
In consideration
of the covenants mutually hereinafter agreed, it is agreed between the
Publisher and the Guild as follows:
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.
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:
$481.56 ---------- $487.28 $502.21 ---------- ----------
$477.53 $486.05 $494.28 $521.76 $564.36 $613.33
$487.28 ---------- $520.55 $540.60 $613.33 ----------
$541.33 ---------- ---------- ---------- ---------- ----------
$525.02 ---------- $545.27 $612.56 $623.43 ----------
Editorial Research Assistant, Payroll
Clerk:
$570.35 ---------- $621.03 $688.12 ---------- ----------
$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
$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.
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.
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
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.