ARTICLE I.
GUILD SHOP. 2
ARTICLE II.
checkoff. 3
ARTICLE
III. MANAGEMENT'S RIGHTS. 3
ARTICLE IV.
PROBATIONARY, PART-TIME, TEMPORARY, AND CASUAL EMPLOYEES 4
ARTICLE V.
EXCLUSIONS. 6
ARTICLE VI.
WAGES. 7
ARTICLE
VII. HOURS. 11
ARTICLE
VIII. HOLIDAYS. 11
ARTICLE IX.
SEVERANCE PAY.. 12
ARTICLE X.
VACATIONS. 13
ARTICLE XI.
SICK AND PERSONAL LEAVE.. 14
ARTICLE
XII. ADJUSTMENT OF DISPUTES. 15
ARTICLE
XIII. EXPENSES AND EQUIPMENT.. 16
ARTICLE
XIV. EDUCATION, OUTSIDE ACTIVITY.. 16
ARTICLE XV.
MILITARY.. 17
ARTICLE
XVI. JOB SECURITY.. 17
ARTICLE
XVII. NORMAL WORK.. 19
ARTICLE
XVIII. LEAVE OF ABSENCE.. 19
ARTICLE
XIX. EMPLOYEE INTEGRITY.. 20
ARTICLE XX.
PRIVILEGE AGAINST DISCLOSURE AND AUTHENTICATION.. 20
ARTICLE
XXI. MISCELLANEOUS. 21
ARTICLE
XXII. PENSIONS. 22
ARTICLE
XXIII. DURATION AND BENEFITS. 22
contract
between the michigan catholic company and the
newspaper guild of detroit
THIS AGREEMENT made as of this 18th day of
January, 2003 between the Michigan Catholic Company, a corporation (hereinafter
known as the "Publisher"), and the Newspaper Guild of Detroit, a
local chartered by the Newspaper Guild (hereinafter known as the "Guild"),
for itself and on behalf of all the employees of the Publisher in the
editorial, commercial (including advertising, business, and circulation
departments), and miscellaneous departments, including all the employees of the
Publisher, excluding, until November 1, 1977, members of recognized craft
unions in the mechanical department, and those hereinafter provided for in
Article IV.
In an effort to effectuate the principles set forth in the
Papal Encyclicals on the organization of labor, which declare the moral right
of employees to self-organization, to collective bargaining, and to a living
wage, the parties agree as follows:
1.
The Publisher shall require as a condition of employment of
any employee, that they be and remain members of the Guild in good standing
during the term of their employment. If
any employee be not a Guild member at the time of their acceptance of
employment, they shall become a member of the Guild within thirty (30) days
after the date of signature of this agreement, or within thirty (30) days after
their becoming an employee of the Publisher.
2.
The Publisher shall furnish, in writing, to the Guild a
week after their employment, the names, addresses, telephone numbers, dates of
hire, salary, formulas, to the extent they exist, for other forms of
compensation, and contract classifications of persons hired after the effective
date of this contract and covered thereby.
1.
Upon an employee's voluntary written assignment, the Publisher
shall deduct from the salary account of such employee on a weekly basis and
shall pay to the Guild on a bi-weekly basis, all membership dues levied by the
Guild for the current month.
2.
The Publisher shall notify the Guild of any changes in
classifications or step-ups in years of experience affecting any employee.
1.
The Publisher retains the customary rights of management to
direct its employees and operate its business.
“Customary Rights of Management" shall include all rights to manage
and direct its employees, and the right to manage the departments and all its
operations and activities. These
include the right to determine the methods, personnel, procedure, means,
equipment, and machines required to provide services to its customers
consistent with other relevant terms of the Collective Bargaining
Agreement. Also included is the right
to hire, fire, promote, and discipline employees consistent with other relevant
terms of the Collective Bargaining Agreement.
1.
Probationary employees are defined as newly hired employees
who have not successfully completed a three month (90 day) probationary
period. The Publisher shall have the
right to terminate the employment of a probationary employee at any time during
the probationary period, with or without notice, and with or without cause,
except for union activity. Probationary
employees shall be represented by the Guild for purposes of collective
bargaining with respect to rates of pay, wages, hours of employment, and other
terms and conditions of employment, excluding discipline, discharge, or
termination for reasons other than union activity. Upon successfully completing
the probationary period, an employee shall be entered on the seniority list and
credited with seniority from the date of hire.
There shall be no seniority among probationary employees.
2.
Part-time employees are defined as persons regularly employed
on work of a part-time nature for less than a full workday and/or workweek.
3.
Temporary employees are defined as persons employed on work of
a temporary nature, to whose tenure of employment a definite limit is set by
the nature of their work.
4.
Casual employees shall be defined as persons whom the
Publisher may, from time to time, pay for casual duties of an irregular nature.
5.
Part-time, casual, and temporary employees shall not be
employed on work normally performed by, or on work which could practically be
performed by a full-time, permanent and/or regular employee. Part-time and temporary employees shall not
be employed where, in effect, such employment would eliminate or displace a
regular or full time employee.
6.
Part-time and temporary employees shall be covered by all the
clauses of this agreement. Casual
employees shall not be covered by this Agreement nor considered as within the
bargaining unit of the Guild. Part-time
employees shall be paid on an hourly basis equivalent to the weekly wage
minimum to which they are entitled by their experience.
7.
Temporary employees may be employed for a special project or
for a specified time, in either case not to exceed three (3) consecutive months
in any twelve (12) month period (such three (3) month consecutive period may be
extended by mutual agreement between the Company and the Guild) but not to
displace or replace regular employees.
For example, temporary employees may be employed for vacation coverage,
during employees' sick leave, to fill in vacancies created by promotion, or
fill in for employees on leaves of absence.
The Guild shall be notified in writing as to the nature of each
temporary employees' employment. A
temporary employee who becomes a permanent employee will have their actual
hours worked as a temporary employee credited to them for purposes of
seniority, experience, vacation, sick days, personal days, and pension.
a.
Temporary employees are covered by this Agreement and will be
paid at the wage minimum based upon their individual experience and job
classification, but are not entitled to any of the fringe benefits provided in
this Agreement except that they shall receive holiday pay for all holidays
occurring during their employment, after sixty (60) days worked.
b.
Temporary employees shall not acquire seniority.
Part-time employees shall not be scheduled to work less
than four (4) hours in any day. A part-time
employee shall not be employed where, in effect, such employment would
eliminate or displace a regular full-time employee. Part-time positions shall not be created in order to eliminate or
avoid the necessity for creating full-time positions. Part-time employees shall be paid on an hourly basis equivalent
to the wage minimum based upon their individual experience and job
classification.
1.
The following executive heads are excluded from the
application of this Agreement: Editor-in-Chief, Secretary-Treasurer, General
Manager, Advertising Manager, Circulation Manager, and Managing Editor.
2.
Members of the clergy assigned to the staff of the Michigan
Catholic by the archdiocese shall be covered by all terms of this contract,
except where the regulations of the Catholic Church and/or the local ordinary
conflict, then the regulations of the Church and the local ordinary shall
prevail.
3.
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, which
shall be exempted from the requirement of Guild membership. In the event the Publisher seeks to create
such a position, that by reason of managerial or executive character should be
excluded from the requirements of Guild membership, the matter shall be
determined by an arbitrator who shall be selected by the Publisher and the
Guild. The Publisher and Guild agree that final and binding arbitration shall be
administered by the American Arbitration Association and governed by its rules
and regulations.
4.
The jurisdiction of the Guild is the kind of work either
normally or presently performed within the unit covered by the contract, any
kind of work performing similar functions as the kind of work either normally
or presently performed in said unit, and any other kind of work assigned to be
performed in said unit.
ARTICLE VI.
WAGES
1.
The wages of current employees, except for commission sales
people, shall be increased across the board during the life of this Agreement
as follows:
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Effective January 18, 2003
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2%
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Effective January 18, 2004
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2.5%
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Effective January 18, 2005
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2.5%
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Hours shall be 35 hours per
week. All work schedules shall be
posted two (2) weeks in advance.
2.
The minimum wages for employees are attached as Exhibit
A. In addition to their wage, full time
employees on the payroll when the paid circulation of the newspaper (a) first
reaches 35,000 paid subscribers shall be entitled to receive a one time bonus
of $500 and (b) first reaches 50,000 paid subscribers shall be entitled to
receive a one time bonus of $1,000. The
one time $500 bonus and the one time $1,000 bonus shall be payable on the 15th
of the month following the month when the paid circulation first reaches 35,000
or 50,000, as the case may be.
3.
Sales people will be paid commissions on ads published and
paid for. Commission sales people will
receive a base salary of $450 per week.
Commission payments will be added to the base salary after they have first
covered the base salary. The amount of
commission on established business will be $2.50 per column inch. An additional commission of $.50 per column
inch will be paid for a period of one year (beginning from the date of the
first ad published) for ads published for new clients after February 15,
2003. Ads using spot color will receive
an additional commission of $15.00 per ad; those using 4 color will receive an
additional commission of $40.00. The
commission for sales below the level of 80% of the rate card price will be
reduced by a ratio matching that of the ad price compared to the 80%
level. (E.g., an ad sold at 40% of the
rate card price is sold at half of the 80% level and so receives half a
commission.) Ads paid by trade or
barter will not receive a commission.
Insert orders will receive a commission of $8.00 per thousand up to a
maximum of $400 per order. Inserts from
the same client that appear in different part of consecutive or
near-consecutive issue mailings will be counted as one order. The commissions earned in each quarter will
be paid in equal amounts, divided among the paychecks of the subsequent
quarter. Sales personnel who are no
longer employed by the publisher will receive commissions on their sales
collected for 90 days following the last day of their employment. To phase in the new commission structure,
during the first quarter 2003 ad sales personnel will continue to receive
paychecks in the amount determined under the old agreement. For determining compensation that will be
paid during the second quarter of 2003 only, commissions for ads published
before February 15, 2003 will be computed using the commission formula in the
old agreement. After February 15, 2003
commissions for ads published during the remainder of the first quarter of 2003
will be computed using the column inch formula set forth above but that formula
will be applied to the amount of column inches sold irrespective of whether
they have been collected. The parties
acknowledge and agree that there will be no attempt to reopen the
determinations already made concerning sales made, published or collected prior
to the date of this agreement and that there is no money owed or to be paid to
the commission sales people other than as set forth in this agreement.
4.
Employees shall receive the current IRS rate of $0.36 cents
per mile, with adjustments to be made annually on the anniversary date of the
contract to comply with the adjusted IRS rate.
Employees shall specifically document and track their mileage and submit
weekly mileage reports. There shall be
no reimbursement for commuting mileage. The new mileage rate shall become
effective on the date of signing this Agreement.
5.
During the life of the Agreement, eligible employees shall
receive the then current Michigan Catholic Conference medical insurance
coverage on the following basis:
a.
The Publisher shall pay in full single subscriber
coverage. In addition the Publisher
shall pay in full for spouse and family coverage if employee elects to be
covered by Blue Care Network (or other substituted health maintenance
organization).
b.
For other than single subscriber coverages the employee shall
pay 25% of any increase in the monthly premium cost above the monthly premium
cost in effect on October 28, 2000 through January 17, 2003.
c.
Beginning on January 18, 2003, employee shall pay 50% of any
increase in monthly premium cost above the monthly premium cost in effect on
January 17, 2003 for other than single coverage or coverage by Blue Care
Network (or other substituted health maintenance organization).
d.
Employees shall have the option to waive their health
insurance coverage and receive a $1,500 annual opt out bonus which shall be
payable in quarterly installments of $375 to those employees who exercise this
option and are on the employer’s payroll on the date of payment.
6.
The MCC Blue Cross dental program shall be paid, on behalf of
employees, entirely by the employer. An
Employee may add family and spouse dental coverage at employee’s expense. Additionally, all employees shall be
enrolled in the MCC Group Life Insurance Plan providing term life insurance
equal to annual earnings. If the MCC
Group Life Insurance Plan is terminated, the Publisher and the Union will
negotiate a substitute provision paid for by the Publisher.