between
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 violate the
provisions of any Federal or State law, the remainder of the contract shall not
be affected thereby.
6. Employees
will be subject to "for cause" drug and alcohol testing.
Upon dismissal of any employee to reduce the force,
the employee shall receive a sum equivalent to one (1) week’s salary for each
six (6) months, or fraction thereof, of continuous employment with The Detroit
News, Free Press or Detroit Newspaper Agency, not to exceed a maximum of
twenty-six (26) weeks.
Severance pay shall be computed at the contractual
base weekly wage in effect at the time of the dismissal. Absence due to illness, vacation or leave of
absence shall not be construed as interruption of continuous employment.
ARTICLE
XXV HEALTH CARE PROGRAM
1. Employees
will be covered by a medical program administered by Health Alliance Plan (HAP)
and a dental program administered by Delta Dental. The employee share for health care is as follows:
Medical/Dental Employee contribution (monthly
pre-tax amounts)
Effective 12/1/03 through 12/31/04
Annual Compensation (excluding overtime)
Up
to $35,000 Over $35,000
Single $15 $25
Employee & child(ren) $25 $40
Employee & spouse $35 $55
(or domestic partner)
Family $50 $70
Dental Coverage Only (monthly pre-tax amounts)
Delta
DMO Delta POS Preferred
Single
$10 $12
Employee & child(ren) $16 $23
Employee & spouse $21 $27
(or domestic partner)
Family
$34 $38
(a) Eligibility for regular full-time employees
shall commence on the first of the month following the completion of three (3)
months of employment.
(b) Eligibility for regular part-time employees
hired prior to October 13, 2003 shall commence on the first day of the first
month of the quarter immediately following any quarter wherein the part-time
employee received no less than two hundred fifty (250) hours compensation. A "quarter"
for purposes of this article shall mean any of the following three-month
periods: January, February, March; April, May, June; July, August, September;
October, November, December. If an individual works one thousand (1,000) or
more hours in a calendar year, he/she shall automatically qualify for insurance
coverage in the following year.
(c) Eligibility for regular part-time employees
hired on or after October 13, 2003, shall commence on the first day of the
first month of the quarter immediately following any quarter wherein the
part-time employee received no less than three hundred twenty-five (325) hours
of compensation; provided however, for those newly hired part-time employees
not hired on the first work day of any given quarter, initial eligibility shall
commence on the first day of the month following the completion of a quarter
wherein the newly hired part-time employee would have worked three hundred and twenty-five
(325) hours of compensation if he/she had been hired on the first day of the
quarter. A "quarter"
is as defined in (2.) above. If an individual hired on or after October 13,
2003 works one thousand, three hundred (1,300) or more hours in a calendar
year, he/she shall automatically qualify to participate in the health insurance
program for the following year.
2. Monthly
employee contributions for medical and dental coverage will be increased by 30%
on January 1, 2005 and by 30% on January 1, 2006.
3. Employees
who are covered by the Agency’s health care program who are unable to work as a
result of illness or accident either of a personal or compensable nature under
the Michigan Workers Compensation Statute shall be allowed to continue to participate
in company health and life insurance programs for a period not to exceed one
(1) year at the appropriate employee cost, after which the individual would be
eligible for COBRA coverage.
4. For the
purpose of medical insurance and life insurance, retirees are those employees
hired prior to October 13, 2003 who retire from employment with at least ten
(10) years of credited service, including disability retirement, under any
Plan(s) in which the agency participates.
Notwithstanding the foregoing, retirees already participating in the
Agency’s medical insurance and life insurance program who have less than ten
(10) years, but who have five (5) or more years of credited service, shall
continue to be eligible for participation in the Agency’s medical insurance and
life insurance programs.
5. The
Agency will contribute no more than $3,200 per year ($266.66 per month) for an
individual retiree’s (present and future) health care cost. The retiree may choose coverage as follows: Under age 65 - HAP or Empire PPO; Over age 65 – HAP or a Comprehensive Major
Medical Plan.
6. The
Agency shall continue the practice regarding medical coverage for surviving
dependents of deceased employees and retirees.
Specifically, upon the death of an employee or retiree, the surviving
spouse and dependent children shall be afforded the opportunity to continue the
group medical insurance for a period of two (2) years at the same cost
otherwise available to the employee or retiree were he/she alive.
7. The
Agency shall continue its practice of permitting a portion of the employees’
wages to be diverted into a reserve used to supplement the retiree’s monthly
premium. Additionally and/or alternatively, the Union may contribute monies
into such reserve from its treasury.
8. Should
the Agency elect to change health care providers and/or programs, benefits
reasonably comparable to the plans provided for herein shall be offered.
ARTICLE
XXVI OTHER BENEFITS
This will confirm our agreement that the following
benefits offered by the Agency will be maintained during the life of the
Agreement provided they are available:
*Knight-Ridder Scholarship Program
*Spending Account
*Educational Assistance Program
*Travel Accident Insurance
*Employee Assistance Program
*Employee Subscription Program
*Employee Classified Ad Discounts
ARTICLE
XXVII TERM
1. The term
of this Agreement shall be from October 13, 2003 through January 14, 2007, both days inclusive.
2. If either
party wishes to propose a change in any of the terms of this Agreement to take
effect after January 14, 2007, it shall so notify the other party in writing
within sixty (60) days, but the proposal shall be submitted not less than
forty-five (45) days prior to said date, during which period negotiations between
the parties shall proceed. The terms and conditions of this Agreement shall
remain in effect during such negotiation.
DETROIT NEWSPAPER AGENCY NEWSPAPER GUILD OF DETROIT
#34022
______________________________ ______________________________
______________________________ ____________________________
MEMORANDUM OF UNDERSTANDING
This Memorandum of
Understanding, is entered into by the Detroit
Newspaper Agency (hereinafter referred to as "The Employer") and Newspaper Guild of Detroit ("The
Union").
POLICY
The Employer and the Union
are committed to protecting health and safety of the individual employees,
their co-workers, and the public at large from hazards caused by the misuse of
controlled substances and alcohol on the job.
The safety of the public, as well as the safety of fellow employees,
dictates that employees not be permitted to perform their duties while under
the influence of controlled substances or alcohol.
The Employer and the
Union, recognize that such substance abuse is a treatable illness, and the
preferable response to these illnesses is education, treatment and
rehabilitation rather than punishment.
PRIOR
NOTICE OF TESTING POLICY
The Employer shall provide
written notice of this Substance Abuse Policy to all new applicants for
employment, and all employees affected by this Substance Abuse Policy. The Employer shall provide each employee
with a copy of this Substance Abuse Policy, together with a full explanation as
to its meaning and consequences.
NEW EMPLOYEES
Applicants offered
employment may be required to submit to a Drug and Alcohol testing for
prohibited substances within the first thirty (30) days of employment in
connection with a new hire physical.
Applicants who do not consent to a test and any applicant with a blood
alcohol concentration of 0.02 or a confirmed positive test of a controlled
substance addressed in this Substance Abuse Policy will be ineligible for
employment.
TERMS/DEFINITIONS
For the Purpose of the
Memorandum of Understanding, the following terms/conditions shall apply.
CONTROLLED SUBSTANCES
AND ALCOHOL
For the purpose of this
policy, controlled substances and alcohol shall include Cocaine, Opiates,
Phencyclidine, Marijuana, Amphetamines, or their metabolites and Ethyl Alcohol.
PRESCRIPTION CONTROLLED
SUBSTANCES
A controlled substance
available for purchase only with a prescription or other lawful over the
counter Medications as allowed in the United States.
REASONABLE
CAUSE
Reasonable cause shall
exist when a supervisor in the presence of a union representative, who are
trained in the detection of controlled substances or alcohol use, articulate
and can substantiate in writing specific, behavioral, performance or
contemporaneous physical indicators of being under the influence of controlled
substances or alcohol on the job. The
objective indicators shall be recognized and accepted symptoms of intoxication
or impairment caused by controlled substance or alcohol use, and shall be
indicators not reasonably explained as resulting from causes other than the use
of such controlled substances (such as but not by way of limitation: fatigue, lack of sleep, side effects of
prescription or over the counter medication, reaction to noxious fumes or smoke,
etc.) Cause is not reasonable, and thus
not a basis for testing, if it is based solely on the observation and reports
of third parties. The grounds for
reasonable cause must be documented by the use of the Incident Report Form (the
form agreed upon by the Employer and the Union).
The following may
constitute some of the reasonable causes to believe that an employee is under
the influence of drugs or alcohol.
1. Incoherent, slurred speech;
2. Odor of alcohol on the breath;
3. Staggering gait, disorientation, or loss of
balance;
4. Red watery
eyes, if not explained by environment causes;
5. Paranoid or bizarre behavior;
6. Unexplained drowsiness.
IDENTIFICATION
AND CONSENT PROCEDURES
An employee may be
required to submit to urine controlled substance or breath alcohol testing by a
qualified physician, qualified clinic (i.e., collection site), or certified
laboratory only if the employer has "Reasonable Cause" that the
employee is under the influence of controlled substances or alcohol in
violation of this policy.
If a supervisor makes an observation
of an employee which the supervisor believes may constitute reasonable cause
for controlled substance or alcohol testing, the supervisor shall immediately
inform the employee that he/she may have a Union Representative present. If the employee wishes not to have a Union
Representative, then that desire should be put in writing and signed off by the
employee on the Incident Report Form.
If the trained supervisor
in the presence of the trained Union Representative believes that there is a
reasonable cause for a urine controlled substance or breath alcohol test, then
the Incident Report Form shall be filled out, including a statement of the
specific objective facts constituting reasonable cause for the specified test,
and the name of the person or persons making those observations.
The Incident Report Form
will be completed in the presence of the subject employee by the trained
supervisor. As the form is completed
its contents will be explained to the subject employee. A completed copy of this
Incident Report Form shall be given to the bargaining unit employee before
he/she is required to be tested, and one copy made available to the Union Representative, if present. After being given a copy of the Incident
Report Form, the bargaining unit employee shall be allowed enough time to read
the entire document, to understand the reasons for the test.
The employee will be
offered an opportunity to give an explanation of his/her condition, such as
reaction to prescribed drug, fatigue, lack of sleep, exposure to noxious fumes,
reaction to over the counter medication or illness. Such explanations will be recorded on the Incident Report
Form. The trained Union Representative
shall be present during such explanations and shall be entitled to confer with
the employee before the explanation is requested, unless the employee wishes
not to have a Union Representative, then that desire should be put in writing
and signed off by the employee on the Incident Report Form.
If the trained supervisor,
after observing the employee, concludes that there is in fact reasonable cause
to believe that the employee is under the influence of a controlled substance
or alcohol, that fact will be noted on the Incident Report Form signed by the
supervisor and the employee may be ordered to submit to a urine controlled
substance or breath alcohol test.
Prior to the actual
controlled substance or breath alcohol test for reasonable cause, the employee
will be examined by a qualified medical professional at the designated DHHS
certified hospital, DHHS certified laboratory, or qualified clinic. This examination will be conducted to
substantiate or refute the supervisor's reasonable cause determination. If the opinion of the qualified medical
professional does not substantiate a reasonable cause suspicion no test will be
given and the employee will be returned to the work place without loss of
pay. If the qualified medical
professional releases the employee to return to work, such release must be in
writing.
Failure to follow any of these
procedures shall result in the elimination of the test results as if no test
had been administered, the test results shall be destroyed and no discipline
shall be imposed against the bargaining unit employee.
Procedures for collecting
urine specimens shall allow individual privacy unless there is reason to
believe that a particular individual may alter or substitute the specimen to be
provided. The collection site must be
secured in accordance with the Department of Transportation specimen collection
procedures.
Breath alcohol testing
shall be completed in accordance with the standards established for the
Department of Transportation's driver alcohol testing program.
If the employer has
reasonable cause to believe an employee is under the influence of controlled
substances or alcohol, as set forth in this Substance Abuse Policy, and the
employee refuses to submit to a controlled substance or alcohol test, this may
constitute insubordination and may subject the employee to discipline up to and
including discharge.
DRUG
TESTING PROCEDURES
Sample Collection and
Testing of controlled substances and alcohol shall be completed in accordance
with Department of Transportation standards and in laboratories certified under
the Department of Health and Human Services (DHHS) "Mandatory Guidelines
for Federal Workplace Testing Programs," located in Michigan. The parties retain the right to verify the
qualifications and/or certification of qualified medical professionals, clinics
and/or laboratories to determine conformity with the referenced standards
subscribed to in this Substance Abuse Policy.
The DHHS certified laboratory will only test for the controlled
substances and alcohol listed in this Memorandum of Understanding (Cocaine,
Opiates, Phencyclidine, Marijuana, Amphetamines, or their metabolites and Ethyl
Alcohol).
THE
SPECIFIC REQUIRED PROCEDURE IS AS FOLLOWS
Controlled substance
specimen collection and breath alcohol testing shall be in accordance with the
procedures and standards established for the Department of Transportation
Controlled Substance and Alcohol Use Testing program (49 CFR Part 382 and 49
CFR Part 40).
The initial test of all
urine specimens shall utilize immunoassay techniques. All specimens identified as positive in the initial screen shall
be confirmed utilizing Gas Chromatography/Mass Spectrometry (GC/MS) techniques
which identifies at least three (3) ions that meet those required for any DHHS
certified laboratory. In order to be
considered positive for reporting by the certified laboratory to the employer,
both samples shall be tested separately in separate batches and must show
positive results in the GS/MS confirmatory test. The following standards shall be used to determine what levels detected
substances shall be considered as positive.
SUBSTANCE SCREENING CONFIRMATION
Amphetamines 1,000
ng/ml Amphetamine: 500 ng/ml
Methamphetamine(1):
500 ng/ml
Cocaine metabolites 300
ng/ml Cocaine
metabolites(2):
150 ng/ml
Opiates metabolites *300
ng/ml 300 ng/ml
Phencyclidine 25
ng/ml 25
ng/ml
Marijuana metabolites 50 ng/ml Marijuana metabolites(3):
15 ng/ml
*
25 ng/ml if immunoassay specific for
free morphine
1 Specimen
must also contain amphetamine at a concentration greater than or equal to 200
ng/ml
2 Benzoylecgonine
3 Delta-9-tetrahydrocannabinol
An initial and
confirmation breath alcohol test under the procedures established by the
Department of Transportation applicable standards on a Evidential Breath
Testing device with a 0.02 blood alcohol concentration (BAC) or greater shall
be considered a positive test. [Note: Blood Alcohol Concentration (BAC) - Grams
of alcohol per 100 milliliters of blood or grams alcohol per 210 liters of
breath in accordance with the Uniform Vehicle Code, Section 11-903(1)(5).]
If the controlled
substance or breath alcohol testing procedures confirm a positive result, as
described above, the employee/dispatched worker shall be notified in writing
whether the test result is positive or negative, the drug(s) for which there
was a positive test or if the breath alcohol test was positive. Upon receipt of a written medical release
from the subject employee the laboratory shall release the quantitation of a
positive test result to the subject employee.
[Note: The laboratory may release
the quantitation of a positive test to the employer, the employee, or the
decision-maker in a lawsuit, grievance, or other proceeding initiated by or on
behalf of the employee and arising from a verified positive drug test.] If requested by the employees or the Union,
the laboratory will provide copies of all laboratory work sheets, procedures
sheets, acceptance criteria and laboratory procedures. Any employee who is the subject of a
controlled substance test conducted under this Substance Abuse Policy shall,
upon written request, have access to any records relating to his or her drug
test and any records relating to the results of any relevant certification,
review, or revocation-of-certification proceedings.
All specimens confirmed
positive shall be retained and placed in properly secured long-term frozen
storage (-20 degrees or less) for a minimum of one (1) year, and be made
available for retest as part of any administrative proceeding.
All information from an
employee's or dispatched worker's drug and alcohol test is confidential for
purposes other than determining whether this Memorandum of Understanding has
been violated. Disclosure of test
results to any other person, agency, or organization is prohibited unless
written authorization is obtained from the employee or applicant. However, the laboratory may release the
quantitation of a positive test to the employer, the employee, or the
decision-maker in a lawsuit, grievance, or other proceeding initiated by or on
behalf of the employee and arising from a verified positive drug test. The results of a positive test shall not be
released until the results are confirmed.
Every effort will be made
to insure that all employees’ substance abuse problems will be discussed in
private and actions taken will not be made known to anyone other than those
directly involved in taking the action, or who are required to be involved in
the disciplinary procedure.
No laboratory or medical
test result will appear in the employee's personnel file. Information of this nature will be kept in a
separate, confidential medical file.
All necessary measures
shall be taken to keep the fact and the results of the test confidential.
THE
IMPACT OF A CONFIRMED POSITIVE TEST
An employee who has a
confirmed positive test will be advised by the Employer of the resources
available through the E.A.P.
Employees shall be
provided the best available treatment through established benefit plans (Sick
& Accident) and health insurance coverage.
Each employee who engages
in conduct prohibited by this Substance Abuse Policy shall be evaluated by a
substance abuse professional who shall determine what assistance, if any, the
employee needs in resolving problems associated with alcohol misuse and
controlled substance use. This assistance
may require referral to a qualified rehabilitation program.
Before an employee returns
to work after engaging in conduct prohibited by this Substance Abuse Policy
he/she shall undergo a return-to-work alcohol test with a result indicating an
alcohol concentration of less than 0.02 if the conduct involved alcohol, or a
controlled substance test with a verified negative results if the conduct
involved a controlled substance.
In addition, each employee
identified as needing assistance in resolving problems associated with alcohol
misuse or controlled substances use:
(i) Shall
be evaluated by a substance abuse professional to determine that the employee
has properly followed any rehabilitation program prescribed.
(ii) Shall
be subject to unannounced follow-up alcohol and controlled substances test
administered by the Employer following the employee's return to work. The number and frequency of such follow-up
testing shall be directed by the substance abuse professional or the employer
in the first twelve (12) months following the employee's return to work.
When and if it becomes
necessary to impose discipline for on-the-job infractions that stem from
substance-induced impairment, discipline will be progressive and proportional
to the infraction and hazard presented by the impairment.
EMPLOYEE
TRAINING
The Employer will
establish a mandatory attendance Drug Free Awareness Program which will inform
employees about (1) the dangers of alcohol and drug abuse, (2) the contents of
this Memorandum of Understanding, (i.e., mutually agreed to Substance Abuse
Policy), (3) the availability of treatment and counseling for employees who
voluntarily seek such assistance, (4) the sanctions that the employer and this
mutually agreed to Substance Abuse Policy will impose for violations of this
Memorandum of Understanding.
SUPERVISOR
TRAINING
The Employer shall develop
a program of training to assist Management representatives and designated Union
representatives in identifying factors which constitute reasonable cause for
controlled substance and alcohol testing, as well as a detailed explanation and
emphasis on the terms and conditions of this mutually agreed to Substance Abuse
Policy.
The initial program will
be provided within 90-days of the signing of the Memorandum of Understanding
and the training will be on an annual basis, thereafter, in the month of
January.
EMPLOYEE
VOLUNTARY SELF-HELP PROGRAM
An employee who engages in
drug/alcohol abuse is encouraged to participate in an Employee Assistance
Program. Employees who seek voluntary
assistance for alcohol and/or controlled substance abuse may not be disciplined
for seeking such assistance. Request by
employees for such assistance shall remain confidential and shall not be
revealed to other employees or management personnel without the employee’s
written consent. An employee Assistance
Program Counselor who is a qualified substance abuse professional shall not
disclose information on controlled substance/alcohol use received from an
employee for any purpose or under any circumstances, unless specifically
authorized in writing by the employee.
However, if in the course of his/her duties an employee becomes subject
to the provisions of this Substance Abuse Policy, the subject employee must
inform the Employer representative(s) of his/her involvement in the
"Employee Voluntary Self-Help Program" and sign any necessary
releases so that the Employer can be assured via biweekly reports from the
substance abuse professional or the Employee Assistance Program intermediary
that the subject employee is fulfilling the requirements of the rehabilitation
program and that the safety and health of the employee and their co-workers is
not at risk because of continued substance abuse. The Employer should be made aware if the subject employee is
using, during rehabilitation, any prescriptive medication(s) whose effects
would put the subject employee and/or their co-workers at risk from a safety
and health standpoint.
SAVINGS
CLAUSE
Should any part of this
Memorandum of Understanding be determined contrary to law, such invalidation of
that part or portion of this Memorandum of Understanding shall not invalidate
the remaining portions. In the event
such determination, the parties agree to immediately bargain in good faith in
an attempt to agree upon a provision for the invalidated portion which complies
with the law.
No waiver of legal rights:
the parties agree that the Memorandum of understanding shall not diminish the
rights of individual employees under the state and federal laws relating to
controlled substance and alcohol testing.
INDEMNITY
CLAUSE
The Employer shall
indemnify and hold the Union harmless against any and all claims, demands,
suits or liabilities by an employee of the Employer that may arise out of the
Employer's application or enforcement of this Memorandum of Understanding,
including bearing any expenses incurred by the Union in defending litigation
arising out of the employer's activities in
carrying out the drug testing program.
This shall have no application to the Union's costs and fees in pursuing
an arbitration or other litigation on behalf of an employee.
GRIEVANCE
PROCEDURE
All disputes concerning
the interpretation or application of this controlled substance and alcohol
abuse testing policy will be subject to the grievance and arbitration procedure
of the Collective Bargaining Agreement.
Effective
October 13, 2003
·
Wage increase of 2.75% to all scales effective 1st
Monday following ratification
·
2nd year increase of 2.75% effective January 17,
2005
·
3rd year increase of 2.75% effective January 16,
2006
·
Contract expiration date January 14, 2007
1 Wage increases to The Detroit News and
Detroit Free Press are bargained separately
All
Council-represented employees will be covered by a medical program administered
by Health Alliance Plan (HAP). This is
the same plan as currently provided to the non-bargaining unit employees (HAP
Benefit Code HAE). They also have a choice of two (2) dental programs
administered by Delta Dental.
Medical/Dental Employee contribution (monthly
pre-tax amounts)
Effective 12/1/03 through 12/31/04
Annual
Compensation (excluding overtime)
Up to $35,000 Over $35,000
Single $15 $25
Employee
& child(ren) $25 $40
Employee
& spouse $35 $55
(or
domestic partner)
Family $50 $70
Dental Coverage Only
(monthly pre-tax amounts)
|
|
|
|
Delta
DMO |
|
Delta
POS Preferred |
|
|
|
|
|
|
|
|
|
|
|
|
Single |
|
|
$10
|
|
$12
|
|
|
|
|
|
|
|
|
|
|
|
|
Employee
& child(ren) |
|
$16
|
|
$23
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employee
& spouse |
|
$21
|
|
$27
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Family |
|
|
$34
|
|
$38
|
|
|
·
Monthly employee contributions for medical and
dental coverage will be increased by 30% on January 1, 2005 and by 30% on
January 1, 2006.
·
If during the life of the contract, the cost of
health care provided by HAP becomes noncompetitive or cost prohibitive, the
Agency reserves the right to secure alternate coverage from another provider or
to self-insure as long as the benefits remain comparable.
·
A freestanding vision care plan will be available at cost
through payroll deduction.
·
Employees hired after the effective date of the contract
will not be eligible for health care until the first of the month following the
completion of three (3) months of employment.
·
Part-time employees hired after the effective date of the
contract must be scheduled to work twenty-five (25) or more hours per week in
order to be eligible for health care.
·
The opt out program will be eliminated effective November
30, 2003.
·
Any employee hired after the effective date of the contract
will not be entitled to participate in the health care program for retirees.
The
following changes will take effect February 1, 2004:
· The Agency will contribute no more than $3,200 per year ($266.66 per month) for an individual retiree’s (present and future) health care cost. The retiree may choose coverage as follows: Under age 65 - HAP or Empire PPO; Over age 65 – HAP or a Comprehensive Major Medical Plan.
·
Eliminate vision and dental care from retired employee’s
coverage.
·
Retirees Pre-65 and Post-65 will be covered by same drug
plan with same cost sharing as active employees.
·
Dependents cannot be added to coverage after retirement,
e.g. a new spouse, guardianship or adoption.
·
The opt out program for current and future retirees will be
eliminated.
·
Those unions that are providing assistance for the retiree
have the option of continuing to do so or to add the amount into the base wage
(after the proposed wage increase in the 1st year has been added) or
to add the diverted amount to the pension plan.
ONE PLANT PROJECT COMPLETION
Following the completion
of the one plant project, there may be more employees than are needed to staff
the remaining production facility.
·
If it becomes necessary
to reduce the work force, such reduction will be handled in the inverse order
of seniority and employees so affected will receive severance pay in the amount
of two (2) weeks straight time pay per year of service, eight (8) weeks
minimum, fifty-two (52) weeks maximum.
·
Employees will be
permitted to volunteer for severance and will be taken in seniority order up to
the number needed to reduce the force.
·
Employees so affected
will be able to participate in company sponsored health care for the period of such
severance.
·
Those employees who volunteer, are accepted, and retire at
the time of separation will be covered for retiree health care. If the employee delays retirement and draws
unemployment compensation, they will be considered as a deferred retiree and
will not be eligible for health care.
SUBJECT ARTICLE PAGE
Bargaining
. . . . . . . . . . . . XXVII 15
Benefits, other . . . . . . . . . . XXVI 15
Bereavement Leave . . . . . . . . . XXII
11
Bulletin Boards . . . . . . . . . . XXIII 12
Change in Schedule
. . . . . . . . IX 5
Discipline
. . . . . . . . . . . . VII 4
Disputes .
. . . . . . . . . . . . VI 2
Drug and Alcohol Testing. . . . . . Memo
16
Dues Deduction
. . . . . . . . . . I 1
Economic Settlement . . . . . . . . - 24
Grievance Procedure . . . . . . . . VI
2
Health Care Program . . . . . . . . XXV
12
Holidays. . . . . . . . . . . . . . XII
6
Hours of Work . . . . . . . . . . . IX 5
Information to Guild . . . . . . . V 2
Job Bids .
. . . . . . . . . . . . VIII 4
Job Openings
. . . . . . . . . . . VIII 4
Jurisdiction. . . . . . . . . . . . II 1
Jury Duty . . . . . . . . . . . . . XIX
11
Layoff . .
. . . . . . . . . . . . VII 4
Leave of Absence
. . . . . . . . . XI 6
Life Insurance. . . . . . . . . . . XX 11
Lockout . . . . . . . . . . . . . . X 6
Management Rights . . . . . . . . . XV 9
Military Leave
. . . . . . . . . . XIV 9
Non-Discrimination. . . . . . . . . IV 2
Overtime .
. . . . . . . . . . . . IX 5
Pension . . . . . . . . . . . . . . XVIII 10
Personal Days . . . . . . . . . . . XXI 11
Preamble. . . . . . . . . . . . . . - 1
Probationary Period . . . . . . . . VII 3
Recall . .
. . . . . . . . . . . . VII 4
Recognition . . . . . . . . . . . . I 1
Reduction in Force
. . . . . . . . VII 4
Seniority . . . . . . . . . . . . . VII 3
Severance . . . . . . . . . . . . . XXIV 12
Shift Differential
. . . . . . . . XVII 10
Shift & Facility Preference . . . . VIII 5
Shift Leader
. . . . . . . . . . . XVII 10
Shipping & Receiving Clerk . . . . XVII 10
Sickness & Accident . . . . . . . . XXI
11
Sick or Personal Days . . . . . . . XXI 11
Strikes . . . . . . . . . . . . . . X
6
Subcontracting
. . . . . . . . . . III 2
Term . . .
. . . . . . . . . . . . XXVII 15
Union Leave of Absence . . . . . . XI 6
Union Membership
. . . . . . . . . I 1
Vacation .
. . . . . . . . . . . . XIII 7
Wages . . . . . . . . . . . . . . . XVI 10
Work Week . . . . . . . . . . . . . IX 5