INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW
and the
NEWSPAPER GUILD/COMMUNICATIONS WORKERS OF AMERICA LOCAL
34022
This agreement is made this 5th day of April, 2004, between the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America, UAW, hereinafter known
as the UAW, and the TNG/CWA Local 34022, hereinafter known as the Guild, for itself and on behalf of
all editorial, public relations, broadcast and communications employees of the
UAW in the Public Relations and Publications Department.
ARTICLE I –
GUILD SHOP
1.
The UAW shall
require as a condition of employment of any employee, that s/he be and remain a
member of the Guild in good standing during the term of his/her employment. If
any employee be not a Guild member at the time of signing of this Agreement or
at the time of his/her acceptance of employment, s/he shall become a member of
the Guild within thirty (30) days of the date of signature of this Agreement or
within thirty (30) days of his/her becoming an employee of the UAW.
2.
The Guild agrees
that it will admit membership and retain in membership any employee, subject to
the constitution of THE NEWSPAPER GUILD/COMMUNICATIONS
WORKERS OF AMERICA and the bylaws of
the Guild. There shall be no interference or attempt to interfere with the
operations of the Guild.
The kind of work that either is normally, or presently,
performed in the Public Relations Department covered by this contract and/or
additional work assigned to be performed within the said Unit, is recognized as
the jurisdiction of the Guild and performance of such work shall be assigned to
employees within the Guild’s jurisdiction.
ARTICLE II –
CHECKOFF
1.
Upon an employee’s
voluntary written assignment, the UAW shall deduct from the earnings of such
employee and pay to the Guild not later than the 15th day of each
month, all membership dues levied by the Guild for the current month. Such
membership dues shall be deducted from the employee’s earnings in accordance
with a schedule furnished to the UAW by the Guild on the first day of each
month. An employee’s voluntary written assignment shall remain effective in
accordance with the terms of such assignment.
2.
The checkoff
assignments shall be made upon the following form:
ASSIGNMENT AND
AUTHORIZATION TO CHECKOFF GUILD MEMMBERSHIP DUES
To: UAW
I hereby assign to the Newspaper Guild of Detroit, and authorize you to
deduct from any salary earned or to be earned by me as your employee, an amount
equal to all membership dues lawfully levied against me by the Guild for each
calendar month following the date of this assignment as certified by the
treasurer of the Newspaper Guild of Detroit.
I hereby authorize and request you to check off and deduct such amounts
during the month for which such dues are levied and the Guild so notifies you,
from any salary then standing to my credit as your employee, and to remit the
amount deducted to the Newspaper Guild of Detroit not later than the fifteenth
(15th) day of the month.
This assignment and authorization shall remain in effect until revoked
by me, but shall be irrevocable for a period of one year from the date
appearing below or until the termination of the collective bargaining agreement
between yourself and the Guild, whichever occurs sooner. I further agree and
direct that this assignment and authorization shall be continued automatically
and shall be irrevocable for successive periods of one year each or for the
period of each succeeding applicable collective agreement between yourself and
the Guild, whichever period shall be shorter, unless written notice of its
revocation is given by me to yourself and to the Guild by registered mail not
more than thirty (30) days and not less than fifteen (15) days prior to the
expiration of each period of one year, or of each applicable collective
agreement between yourself and the Guild, whichever occurs sooner. Such notice
of revocation shall become effective for the calendar month following the
calendar month in which you receive it.
This assignment and authorization supersedes all previous assignments
and authorizations heretofore given to you by me in relation to my Guild
membership dues.
Date:___________________________ _____________________________
Employee’s
Signature
ARTICLE III –
MINIMUM SALARIES
1.
The following
minimum salaries shall be in effect as of the first pay period of March
2004:
Starting Rate: $90,407.18
Going Rate: $91,907.18
Increases from the starting rate to the going rate shall be
in six (6) equal increments over a period not to exceed forty-eight (48) weeks.
2. Any increase applied to staff covered by the Staff Council
Agreement will also be applied to the salaries of staff covered by this
(Guild-UAW) Agreement.
3. Salaries will be adjusted quarterly in accordance with the
same formula which applies to the Staff council.
4.
There shall be no
reduction in salaries during the life of this Agreement except
as provided for in cost of living (COLA) adjustments.
5.
Any employee whose
salary under the previous Agreement was in excess of the then existing base
rate shall continue to be paid based on his/her specific job a differential
whose dollar amount is essentially equal to the previous differential. (The
actual dollar amount for the differential will fluctuate due to percentage
salary increases.)
ARTICLE IV –
HOURS AND OVERTIME
1.
Normal hours of the
UAW Public Relations and Publications Department are 8 a.m. to 4 p.m., Monday
through Friday. However, the staff of the UAW Public Relations and Publications
Department are paid annual salaries.
2.
Work schedules are
determined by the work assigned by the director of the department without
restrictions of hours. When assignments involve excessive late night hours
and/or weekends, staff persons will be granted reasonable recuperation time by
the director upon request.
3.
The salaries and
work schedules of the UAW Public Relations and Publications Department staff
are consistent with the UAW staff.
Nothing in this language changes the past practice of work
schedules of this department.
ARTICLE V –
HOLIDAYS
The holidays will be the same as those provided under the UAW-General
Motors Agreement. Time off for voting shall be granted on election days
whenever necessary.
An employee whose regular day off falls on a holiday, or whose vacation
time includes a holiday, shall receive an additional day off at another date.
Employees required to work on holidays listed in Section 1 of this Article
shall receive compensatory time off.
ARTICLE VI –
PENSION PLANS
1.
The International
UAW Staff Supplemental Retirement Income plan, effective July 1, 1962, and the
International UAW Staff Pension Plan, as amended, shall be applicable to the
employees covered by this Agreement, subject to the following provisions with
respect to the International UAW Staff Pension Plan.
2.
Arbitration
machinery will be set up to handle any disputes regarding the application of
the Staff Pension Plan and the Staff Supplemental Income Plan.
3.
Any special bonuses
provided to retirees or their surviving spouses covered by the UAW Staff
Pension and Staff Supplemental Income plan will also be provided to retirees in
the Guild or their surviving spouses. The Cost-of Living monies diverted in
1980 for the purpose of initiating this type of benefit will continue to be
diverted.
ARTICLE –
VACATIONS
1.
Employees
shall receive an annual vacation with full pay at the rate of four (4) weeks
after one (1) year’s service and five (5) weeks after fifteen (15) years service,
computed to January 1 of each year, effective with vacation for 1981 earned in
1980. Employees with less than one (1) year’s service will receive vacation on
the basis of a prorated schedule.
2.
Upon
termination of employment, an employee shall receive accrued vacation pay.
3.
An
employee qualifying for a vacation of four (4) weeks may defer two (2) weeks
each year up to a total of fifteen (15) weeks. The accumulated vacation may be
taken consecutively with a regular vacation.
4.
A
bonus of $75 in addition to vacation pay will be paid for each week of vacation
earned during the period of this contract and for each week of vacation banked
under the 1966 entitlement and thereafter.
5.
Employees
required to work during the Christmas holidays, in the period between Christmas
through New Year’s Day, will receive compensatory time off.
6.
The department
director shall respond to all written vacation requests within 10 business
days.
7.
The staff vacation
schedule shall be posted in the department.
ARTICLE VIII –
SICK LEAVE AND INSURANCE
1.
The prevailing sick
leave policy and insurance benefits covering International Representatives
shall be applied to Guild members covered by this Agreement.
2.
Said insurance
coverages and benefits provided by the UAW at its expense to Guild members and
their eligible dependents and survivors shall include, but not be limited to,
life, AD&D, bridge, transition, travel, automobile,
hospital-surgical-medical-drug, prescription drug, major medical, dental,
vision, hearing aid and certain diagnostic and annual physical examinations.
3.
Insurance benefits
(hospital, surgical, medical and prescription drugs) will be continued for a
period of one (1) year for a staff person who is placed on layoff, who does not
have the opportunity to return to her/his prior place of employment, or is not
covered by insurance through another employer.
ARTICLE IX –
GRIEVANCE PROCEDURE
1.
The Guild shall
designate a committee of its own choosing to take up with the UAW or its
authorized agent any matter arising from the application of this Agreement or
affecting the relations between the employees and the UAW.
2.
The UAW agrees to
meet with the committee within five (5) working days after written request for
such meeting. Efforts to adjust grievances shall be made on company time.
3.
Any grievance
relating to the contract which has not been satisfactorily settled within
thirty (30) days of its first consideration, shall be submitted to final and
binding arbitration with the exception that renewal of this contract is not an
arbitrable matter. An impartial arbitrator shall be mutually agreed to within
five (5) working days by the designated representatives of the Union and the
designated official of the UAW. In the event mutual agreement on an arbitrator
cannot be reached within the above period, the Union will ask the American
Arbitration Association to submit a list of five (5) qualified arbitrators. The
UAW and the Guild will each have the right to strike two (2) names from the
list and the remaining name must be accepted as the arbitrator by both parties.
Fees and reasonable expenses shall be shared equally between the UAW and the
Newspaper Guild, except that no party shall be obligated to pay any part of the
cost of a stenographic transcript without the express consent of both. The
arbitrator shall have no power to add to or subtract from or modify any of the
terms of this Agreement nor to change any wage structure or jurisdictional
boundaries.
ARTICLE X –
SECURITY
1.
In the event it
becomes necessary to reduce the work force, employees covered by this Agreement
having forty-five (45) or more working days of service will be notified in
writing at least sixty (60) days in advance of the effective date of the layoff
and will be given the reason for the layoff, except in those unusual situations
requiring immediate action. Employees having forty-five (45) or more working
days of service who are dismissed for just or sufficient cause shall be
notified in writing two (2) weeks in advance of the effective date of the
dismissal. A copy of the notice of layoff will be given to the Guild
chairperson.
2.
In the event an
employee is discharged for gross misconduct, the employee may be terminated
immediately without notice. Discharges for cause or gross misconduct shall be
subject to review under the provisions of the grievance procedure.
3.
It shall be the
prerogative of the UAW to determine the size of the staff.
4. In the event of a layoff, the UAW will give due
consideration to the general competency, qualifications and ability to do the
work assigned and the length of service of any employee who is laid off. It is
understood that for the purpose of this paragraph, first consideration is to be
given to the factor of length of service. Whenever the Guild disputes the UAW’s
application of this paragraph, the Guild shall have the right to invoke the
grievance procedure of this contract.
5. When an employee is laid off, he or she shall be placed on
a rehiring list for two years, or for a period equal to the employee’s
seniority, whichever is the greater. Such employee shall be recalled to future
openings in the Public Relations and Publications Department in seniority
order, provided he or she has the necessary qualifications and experience to
fill the opening. The UAW will maintain a rehiring list of Public Relations and
Publications Department employees.
6. The UAW shall supply to the Guild the names of those
persons who are placed on the rehiring list with the date of their layoff, and
the UAW shall notify the Guild when such persons are hired from such list.
7. The UAW may hire employees for temporary and specific
assignments. The UAW shall have the right to terminate the employment of
workers in these categories without prior notice or other considerations
granted regular employees covered by this Agreement.
8.
There shall be no
dismissals as a result of putting this Agreement into effect.
9.
In the event it
becomes necessary to reduce the work force, for a temporary or a long-term
period, no full-time employee covered by this Agreement shall be laid off
before all interns, part-time or temporary employees of the department are laid
off.
ARTICLE XI –
EXPENSES AND EQUIPMENT
1.
The UAW shall pay
all legitimate expenses incurred by the employees in the service of the UAW.
2.
Necessary working
equipment shall be provided to employees and paid for by the UAW.
ARTICLE XII –
MILITARY SERVICE
1.
Any employee who,
since January 1, 1950, has left the employment of the UAW to enter any kind of
service, military or otherwise, of the United States or Canadian government, or
who is required to enter such service hereafter, shall be considered an
employee on leave of absence, and on release from such service, shall resume
his/her position or a comparable one with a salary no less than what s/he would
have received if his/her service with the UAW has been continuous.
2.
Time spent in such
service shall be considered service time with the UAW in computing severance
pay, experience rating, length of service, compensation, length of vacation,
and all other benefits which depend in whole or in part upon the length of
continuous service with the UAW.
3.
If an employee, upon
return from such service is found to be physically incapacitated to the extent
that s/he is unable to resume his/her former employment, the UAW shall make all
efforts to place him or her in other acceptable employment and shall consult
with the Guild thereon. If such other employment is not found, the employee
shall receive his/her severance pay. If an employee dies while in such service,
the amount of severance pay shall be paid to his/her beneficiary or estate.
4.
Application for
resumption of employment must be made within ninety (90) days after termination
of such service, plus travel time from separation center to place of
employment.
5.
An employee promoted
to take the place of one entering such service may, upon resumption of employment
b such employee, be returned to his/her previous position and salary, but at
not less than the then current minimum for that position. An employee so
promoted, and while such promotion is temporary, shall continue to receive
credit for his/her employment in the experience rating to which s/he is
classified. In the event of a subsequent permanent change in employment, and
consequent change of classification, the employee shall receive full credit in
his/her experience rating in such new classification for the period in which
s/he has already been engaged in such new classification.
6.
An employee, hired
as a replacement for one entering such service shall be covered by all
provisions of this Agreement except by this military service clause, and except
that such employee, on entering such service, shall be construed to be a
dismissed employee and shall be given accumulated severance pay and pro-rata
vacation pay.
7.
An employee hired as
a replacement for one entering such service shall be given preference over any
new employee in filling a vacancy other than the one caused by an employee
entering such service.
8.
Leaves of absence,
without pay, shall be granted to employees for service with the National Guard
and the Army, Navy, Marines, Air Force or Coast Guard Reserve, or the
equivalent services in Canada. Leaves of absence, with pay, shall be granted
for such service, provided it does not exceed two (2) weeks per year.
ARTICLE XIII –
LEAVES OF ABSENCE
1.
Upon request, the
UAW shall grant employees leaves of absence without pay for good and sufficient
cause including but not necessarily limited to:
a) Staff and other official services
with THE NEWSPAPER GUILD or The Newspaper Guild Local.
b) Election of employees as delegates
to conventions or special meetings of any of the above-mentioned organizations.
c) Election or appointment to
governmental positions.
d) Service in the Peace Corps on the
same basis as they are presently provided for UAW members in General Motors.
Such leave shall be renewed by mutual consent on request of
the employee, said request to be filed no later than sixty (60) days
prior to the date the leave is scheduled to expire. The employee will be
reinstated in the same or comparable position on expiration of such leave.
2.
Leaves of absence
granted under this section shall not constitute breaks in continuity of
service, nor be construed as service time for purposes of computing severance
pay or any other purpose. There shall be such deduction from severance pay for
time spent on leave for military service.
3.
If an employee takes
a leave of absence at the request of the UAW, the employee shall not suffer any
loss in combined salary and benefits. Such leave shall not constitute a break
in service.
ARTICLE XIV –
INFORMATION
1.
The UAW shall supply
the Guild, on request, with a list containing the following information for all
employees on the payroll:
a) Name and
address
b) Date of hiring
c) Classification
d) Experience
rating and experience anniversary
e) Salary
2.
The UAW shall notify
the Guild in writing of:
a) Changes
in classifications, any salary changes by reason thereof, and effective
date.
b)
Resignations, retirements, deaths and any other revisions of the date listed in
Section 1 and effective dates.
3.
Within one (1) week
after the hiring of a new employee, the UAW shall furnish the Guild in writing
with the date specified in Section 1 and for each such new employee.