AGREEMENT

 

between

 

THE DETROIT NEWSPAPER AGENCY

 

and

 

NEWSPAPER GUILD OF DETROIT, LOCAL #34022

(JANITORS)

 

 

 

PREAMBLE

 

AGREEMENT is made this 13th day of October, 2003, between DETROIT NEWSPAPER AGENCY, hereinafter known as the "Agency," and the NEWSPAPER GUILD OF DETROIT, hereinafter known as the "Guild," for itself and in behalf of all Janitors employed by the Agency pursuant to certification issued by the National Labor Relations Board in case No. 7-RC-19188.

 

ARTICLE I  GUILD SHOP

 

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.

 

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 affected employee.

 

ARTICLE II  JURISDICTION

 

The jurisdiction of the Guild is defined as the kind of work performed by employees in the bargaining unit described in NLRB Certification #7-RC-19188.  It is understood and agreed that the Guild does not have jurisdiction over work performed in warehouses, region offices, division offices, district offices, bureaus and other satellite offices of the Agency.

 

ARTICLE III  SUBCONTRACTING

 

The Agency may subcontract any work as described in Article II – Jurisdiction.  Before subcontracting any work normally performed by bargaining unit employees, the Agency will notify the union, unless bargaining unit employees are unable to perform such work, unable to meet schedules or unless special expertise or equipment is required.

 

ARTICLE IV  NO DISCRIMINATION

 

The Agency and the Guild, committed to equal opportunity for all, agree not to discriminate with regard to race, creed, color, religion, national origin, sex, age, handicaps, height, weight or marital status in the application of this Agreement.

 

ARTICLE V  INFORMATION

 

1.   The Agency shall furnish to the Guild, in writing, within fourteen (14) days after their employment, the name, address, telephone number, date of hiring, date of birth, salary, contract classification, sex and race of persons hired after the effective date of this Agreement.

 

2.   The Agency shall notify the Guild, in writing, of changes in any of the above and of any resignation, retirement or death and the effective date.

 

ARTICLE VI  GRIEVANCE PROCEDURE

 

1.   A grievance shall be defined as an alleged violation of the terms of this Agreement.

 

2.   A grievance shall be submitted by either party only by a written notice setting forth the facts giving rise to the grievance, the grounds for the complaint and the relief requested.

 

3.   In order to be timely, a grievance must be submitted within ten (10) calendar days following the date on which an aggrieved employee or the Guild knew or reasonably could have known of its occurrence.

 

4.   The Joint Standing Committee shall consist of not more than two (2) members appointed by the Guild and two (2) members appointed by the Agency and shall meet within ten (10) calendar days following receipt of a timely written grievance.  If the Joint Standing Committee is unable to resolve a grievance, the Guild may, within thirty (30) calendar days thereafter, appeal the grievance to arbitration.  Grievances not appealed to arbitration within thirty (30) calendar days shall be considered settled.

 

5.   Any of the time limits specified in this Article may be extended by mutual agreement in writing.

 

6.              Upon mutual agreement, the parties will meet and consider such steps as may be appropriate to expedite the arbitration of a given grievance.  Such steps may include waiving transcripts, waiving briefs, stipulating facts and issues in advance of hearing, requesting bench decisions or taking such other steps as they may find acceptable for the grievance in question.

 

7.     Unless the parties agree otherwise, the arbitrator to decide a grievance shall be selected from a panel provided by AAA.

 

8.   The arbitrator shall not have power to alter, amend, modify, add to or subtract from any provisions of this Agreement.

 

9.   The fees and expenses of the arbitrator and the rental, if any, of the quarters in which the arbitration hearing is held shall be paid one-half (1/2) by the Agency and one-half (1/2) by the Guild; all other expenses of arbitration, including those of witness or represen­tatives of the parties, shall be paid by the party incurring them.

 

10.     Neither party shall be required to pay any part of the cost of a stenographic record without its consent provided that failure of a party to agree to share the cost of such stenographic record shall be deemed a waiver of such party's right to access to the record.

 

ARTICLE VII  SENIORITY/JOB SECURITY

 

1.   No employee shall be dismissed or disciplined except for just and sufficient cause or to reduce the force.  Copies of written dis­ciplinary action will be given to the Guild.

 

2.   An employee shall be probationary for ninety (90) days.  The probationary period may be extended for up to ninety (90) days upon mutual agreement between the Agency and the Union. Thereafter, an employee shall be considered to have seniority dating back to the most recent date of hire.

 

3.     Seniority is defined as length of continuous service with the Agency and shall entitle employees to those benefits expressly enumerated in this Agreement.  An employee who leaves the bargaining unit shall have his/her seniority frozen.  If that employee returns to the bargaining unit, seniority shall resume upon the date of return to the bargaining unit. 

 

4.     Employment shall be deemed continuous unless:

 

(a)     An employee resigns,

(b)     An employee retires,

(c)     An employee is dismissed for just cause,

(d)     An employee refuses to accept a recall to work,

(e)     An employee remains on layoff for a period of time equal to the employee's seniority at the time of layoff, up to a maximum of eighteen (18) months.

 

5.   Upon discharge, an employee making written request within five (5) calendar days shall receive a written statement of the cause of discharge.

 

6.     Dismissal to reduce the force and discharges made during the proba­tionary period shall not be subject to review under Article VII.

 

7.     There shall be no discrimination against any employee because of his or her membership or activity in the Guild.

 

8.   (a)     Employees laid off to reduce the force shall be laid off in inverse order of seniority.  Such employees shall be placed on a rehiring list and, if vacancies occur, shall be given opportunity to report for work in order of seniority before new employees are hired.  Time spent on a rehiring list by dismissed employees shall not constitute breaks in continuity of service and shall be counted as service time in computing seniority.

 

(b)     One rehired under Sub-Section (a) above shall be paid the rate of pay the individual was paid at the time of lay-off plus any increase the individual would have received since he/she was dismissed.

 

9.   For the purpose of layoff and recall only:

 

a.     All part-time employees shall be laid off before any full-time employees.

 

b.     Full-time employees shall have a seniority date from the first day of employment in the bargaining unit as a full-time employee.

 

c.     Part-time employees shall have a seniority date from the first day of employment in the bargaining unit as a part-time employee.  A part-time employee who subsequently becomes a full-time employee shall establish a seniority date as outlined in (b) above.

 

10.     Supervisors may perform bargaining unit work.

 

ARTICLE VIII  JOB TRANSFER/BID

 

1.   The Agency shall post all job openings in the Maintenance Department for a period of seven (7) consecutive days.  Present employees shall be given first opportunity to fill job openings according to their seniority in the Maintenance Department.  The Agency will not be required to post openings as a result of filling the initial posting.  Employees who have less than one (1) year of seniority or who have received discipline within six (6) months of the posting are not eligible to apply for such opening.

 

a.     During the first two (2) weeks of each December, the Agency will allow employees to express their preference of facility and shift for the following calendar year. Employees will select their preference based on their seniority.  Employees will be placed by seniority in their requested facility and shift provided they have the requisite seniority and physical ability beginning the third week of January.  Employees lacking sufficient seniority to be placed on their requested shifts will be placed on the remaining open shifts taking into account their preference insofar as practical.

 

2.   In the event of a reduction at one location and an increase at another location, and there are no voluntary applications, the least senior employee in the Maintenance Department in the affected location shall be reassigned.  Seniority shall prevail in such situations unless physical limitations prevent such transfer.

 

ARTICLE IX  HOURS

 

1.   The work day shall consist of eight (8) consecutive hours exclusive of lunch time. 

 

2.   The work week shall consist of five (5) days or nights falling within the work week.  The Agency will attempt to schedule consecutive off days.  The work week shall be from Monday through Sunday.

 

3.     Overtime shall be compensated at the rate of time and one-half of the applicable straight-time rate.  Overtime shall be defined as work beyond the unit of hours in the work day, or days in the work week.

 

4.     Employees shall whenever possible be given two (2) weeks' notice by the Agency of changes in their regular weekly work schedule.

 

5.   No employee shall be required to work a regular scheduled shift which would require his/her return to work less than ten (10) hours after he/she completes the previous regularly scheduled shift.

 

6.   Any full-time employee required to work on his/her day off shall be compensated for a full day at the overtime rate providing the employee completes the work week.  It is understood that an individual volunteering to work on their day off may be offered less than eight (8) hours but in no event will work less than four (4) hours.

 

7.     Overtime will be distributed as equally as practical over a reasonable period of time and will be worked when required by the Agency.  The Agency shall cause a record of overtime to be kept.

 

ARTICLE X  NO STRIKE/NO LOCKOUT

 

The Guild and its members, individually and collectively, agree that during the term of this Agreement they will not authorize, cause or engage in any strike, sympathy strike, slowdown or other interferences with production.  The Employer agrees that there will be no lock-out during the term of this Agreement.

 

ARTICLE XI  LEAVE OF ABSENCE

 

1.     Employees of five years or more continuous service may, upon timely request, be granted a leave of absence without pay or benefits not exceeding six months in duration.  An employee shall be limited to one such leave during the term of this Agreement.

 

2.   An employee's request for a personal unpaid leave of absence upon the birth or adoption of a child shall be granted for up to six months.

 

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 the 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 agency 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.

 

4.   Time spent on leaves provided for in this Article shall be considered service time with the Agency in computing seniority and other benefits of this Agreement.

 

ARTICLE XII  HOLIDAYS

 

1.   The following days or days observed as such shall be considered holidays for employees with six (6) months or more of seniority:  New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and the employee's birthday.  The Agency may require any or all of the employees to work on any or all of these holidays as in its judgment the necessities of the business require.

 

2.   When an employee is required to work on a holiday, she or he shall be paid double time for all hours worked on the holiday.

 

3.     Holidays not worked but paid for shall be construed as days worked for the purpose of computing overtime.

 

4.   When an employee's regular day off falls on a holiday, he or she shall be given an additional day off within the same week, or an extra day's pay at the straight-time rate; the choice to be by mutual consent.  Such additional day off shall be construed as a day worked for the purpose of computing overtime.

 

5.   If the employee's birthday is February 29, such birthday holiday shall be observed on March 1, in any non-Leap Year.

 

6.   To be eligible for holiday pay an employee must work the scheduled day before and day after the holiday unless excused by the office.

 

ARTICLE XIII  VACATION

 

1.     Employees are entitled to an annual vacation with pay at the rate of one (1) week for six (6) months of continuous service, two (2) weeks after one (1) year of continuous service, three (3) weeks after three (3) years of continuous service and four (4) weeks after five (5) years of 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.

 

2.     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 weeks vacation in the calendar year.

 

b.     Employees with more than 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.     For the purpose of this Section, shifts worked are defined as all shifts for which the employee is paid.

 

e.     With mutual agreement of the employee and supervisor, employees may receive pay in lieu of vacation time off. The Union will be notified of any employees who take pay in lieu of vacation.

 

3.     Employees shall not be required to accept a vacation at any time except between the first full week of April through the last full week of September.  This shall not prohibit vacations at other times of the year by mutual agreement between the employee and the Agency.

 

4.     Vacation schedules shall be arranged by seniority and shift in each building location by building management and the department steward in a manner that will protect the efficiency of the operation as outlined below.  Notwithstanding any other provision, no more than nine percent (9%) of the entire department will be allowed on vacation at any one time unless approved by management.

 

a.     A list of those eligible for vacation and the amount of vacation entitlement will be available to employees and the Union by March 1 of each year.

 

b.     Vacation shall be taken in increments of one calendar week unless otherwise mutually agreed between the employee and his/her supervisor.  The ability to utilize two (2) weeks of vacation (ten days) a day at a time with prior approval will be allowed.

 

c.     Where less than five (5) employees are scheduled on a shift, at least one (1) employee will be allowed on vacation each week.  At least two (2) employees will be allowed on vacation each week where five or more employees are scheduled on a shift.

 

5.   An employee whose vacation includes a holiday shall receive an extra day's pay at the straight-time rate.

 

6.   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.

 

7.     Part-time employees shall earn vacation on a pro-rata basis according to their seniority and time worked.

 

8.   Time lost due to a disability compensable under Article XXI Sickness and Accident and Personal Days or under applicable Michigan Workers Compensation Act shall be counted as time worked for the purpose of computing earned vacation up to a maximum of twenty-six (26) weeks for any one continuous period of absence.

 

ARTICLE XIV  NATIONAL EMERGENCY

 

1.   Any employee who is subject to induction and who volunteers for, or is inducted into, the services of the Armed Forces of the United States or its military auxiliaries, and who, at the termination of such service (i) is honorably discharged or otherwise honorably released from service; and (ii) makes application for reemployment within ninety (90) days after the release from such service, shall be restored to his or her former position or to a position of like seniority, status and pay and with accumulated severance rating, if he or she is still qualified to perform the duties of such position, unless the Agency's circumstances have so changed as to make it impossible or unreasonable to do so.  If the employee is not qualified to perform the duties of his or her former position or of one comparable thereto, he or she shall be given such other position as may be available, and which he is capable of performing, and shall be paid the then-existing wage established for such position.  In no case shall the severance rating of such employee be impaired by reason of his or her absence in military service or disabilities resulting therefrom.

 

2.     Employees covered hereby shall be considered as having been on furlough or leave of absence during such period of service and shall be entitled to participate in all benefits offered by the Agency pursuant to established rules with the Agency at the time such person entered such service.

 

3.   This clause shall not be construed as requiring the Agency to restore a position which may have been terminated.

 

4.   An employee promoted to take the place of one entering upon military leave of absence may, upon reinstatement of such employee, be returned to his or her former position and wage.

 

5.   Any employee hired as a replacement for one entering upon a military leave of absence shall be considered a temporary employee, but shall be covered by all the provisions of this Agreement during his or her employment, except that if such employee is required to leave to enter military service, he or she shall not be entitled to the benefit of the provisions of Sections (a), (b) and (c) of this Article.  Replace­ment employees shall be given written notice of their temporary status at the time of employment.

 

ARTICLE XV  MANAGEMENT RIGHTS

 

Except as otherwise specifically set forth in this Agreement the management of the business and the direction of the working force including the right to plan, direct and control plant operations, to schedule and assign work to employees, and to maintain the efficiency of employees; to determine the means, methods, processes and schedules of production; to determine the products to be manufactured; to determine whether to make or buy; the location and continuation of its manufacturing operation, and operating departments; to establish and require employees to observe reasonable company rules and regulations, are the sole right of the Agency.

 

ARTICLE XVI  WAGES

 

Employees hired prior to May 1, 1992, on the first Monday after ratification of this contract, will be paid a minimum of $13.8661.

 

Any employee hired after May 1, 1992, will be paid as follows:

 

Effective October 13, 2003:

 

 

                                    Hourly        

 

     Start                        $ 8.6053        

     After 6 mos.                   9.1499        

     After 1 year                   9.6945        

     After 2 years                10.2390       

     After 3 years                10.7836       

 

Effective January 17, 2005, increase wage rates by 2.75% less any diversions. 

 

Effective January 16, 2006, increase wage rates by 2.75% less any diversions. 

 

When rates are changed, they will be disseminated to employees.

 

 

ARTICLE XVII  WAGE DIFFERENTIAL

 

A five dollar ($5.00) per shift (.625 per hour) premium will be paid for those individuals who work a majority of the shift (straight-time hours) after 6:00 p.m. or before 6:00 a.m.  Overtime will not change the status of the shift.

 

The Agency will pay ten dollars ($10.00) per shift ($1.25 per hour) to the individual designated by management as the shift leader and to the employee assigned to the shipping and receiving clerk position.  It is further understood that the shipping and receiving clerk position is exempt from the annual bid process.

 

ARTICLE XVIII  PENSION  

 

In addition to the wage scales set forth in this Agreement, the Agency will contribute to the Guild International Pension Plan ten dollars ($10.00) per shift, 260 cap per year, for each full-time or regular part-time employee.

 

ARTICLE XIX  JURY DUTY

 

Regular full-time employees summoned and serving jury service, will be paid the difference between the fee received for the service and the amount of regular earnings lost by reason of such service.

 

In order to receive payment, the employee must give his/her supervisor adequate notice of having been summoned for jury duty and to furnish satisfactory evidence of having reported for and having performed jury duty on the days for which he or she claims such payments.

 

ARTICLE XX  LIFE INSURANCE

 

The Agency will provide group term life insurance in the amount of twenty thousand dollars ($20,000) until retirement.  Upon retirement the Agency will provide fifteen hundred ($1,500) group term life insurance.  Employees will be eligible for this insurance the first of the month following employment.

 

ARTICLE XXI  SICKNESS AND ACCIDENT BENEFITS AND PERSONAL DAYS 

 

1.   The Agency will pay the premiums for sickness and accident insurance issued by a company of their selection providing the following schedule of benefits for a period not to exceed 26 weeks:

 

     Basic weekly earnings:      $500 and over     $499 or less

 

     Weekly sickness & accident    $300.00            $200.00

     benefit for seniority

     employees beginning with 8th

     day illness/1st day hos-

     pitalization or accident*

 

*Benefits will be pro-rated for eligible part-time employees.

 

2.   Sick and Personal Days

 

There will be a total of five (5) days per calendar year to be used as sick or personal days.  The employee must get prior approval from their supervisor in order to use a personal day.  New hires will be eligible the first of the next year following 90 days of employment.

 

ARTICLE XXII  BEREAVEMENT

 

Any employee with six (6) months service with the employer, upon the death of a member of his/her immediate family, shall receive a three (3) day leave, with pay, for days when otherwise scheduled to work to attend the funeral.  It is understood that one (1) day must be the day of the funeral or memorial service.

 

The immediate family shall consist of father, mother, spouse, children, sister, brother, step-children, step-parents, father-in-law, mother-in-law, grandparents and grandchildren.

 

ARTICLE XXIII  MISCELLANEOUS

 

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

 

2.   The Agency shall pay all legitimate expenses of the employee incurred in the service of the Agency.  The Agency shall furnish all materials necessary for the work done in his/her service.

 

3.   The Agency will provide bulletin boards, in a suitable place, in each plant for the posting of Guild notices and announcements.

 

4.   The Agency agrees not to have or enter into any agreement with any other employer, binding such other employer, not to offer or give employment to employees of the Agency.

 

5.   If any provisions of this Agreement shall be or become invalid or vi