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CONTRACT between
San Jose Newspaper Guild and
San Jose Mercury News, Inc.
December 19, 2006 through
October 31, 2008 THIS
CONTRACT is entered into by and between SAN JOSE MERCURY NEWS,
INC., publisher of the San Jose Mercury News, hereinafter
referred to as the Company, and the SAN JOSE NEWSPAPER GUILD, a
local chartered by The Newspaper Guild (AFL-CIO, CLC),
Communications Workers of America, hereinafter referred to as
the Guild, on behalf of itself and all the employees of the
Company in the editorial, business and janitorial departments,
including advertising, business office, inside circulation,
telephone operators and clerical employees, excepting those
positions and individuals specifically excluded from the terms
of this contract. It is
agreed that if the title of any of the foregoing departments is
changed during the life of this agreement the Guild shall
continue to be recognized as the bargaining agent for the
employees in such new department, except those positions and
individuals specifically excluded from the terms of this
contract. The
jurisdiction of the Guild is: The
kind of work presently performed, and similar work which may be
performed in the future, whether by presently used processes or
equipment or by new or modified processes or equipment, by
employees in the bargaining unit covered by this contract. The
work set forth in the jurisdiction of the Guild shall be
assigned to employees coming within the terms of this contract.
Individuals filling excluded positions may perform the work they
are presently performing or similar work.
Notwithstanding this provision, the Company may assign,
coordinate and plan any such work presently performed, and
similar types of work, to and with others not covered by this
Agreement. Such
editorial and advertising content may be published by the
Mercury News.
Additionally the Company shall have the right to create
additional sales offices outside the Bay Area, and hire
employees, who will not be covered by this Agreement. During
the term of this Agreement, obtaining editorial content for the
Mercury News from any sources, or others selling advertising
into the Mercury News, shall not result in layoffs in the
bargaining unit. This section shall not limit or impact Article
XIV (j) (Reductions in Force) ARTICLE I
— GUILD SHOP (a)
All employees of the Company covered under the terms of
this Contract, except as set forth below and in Article III, who
are, or who may become, members of the Guild shall remain
members in good standing during the life of the Contract. In
addition, the Company shall have the option of designating one
(1) out of seventy-five (75) employees in the bargaining
unit as exempt from the provisions of this Section. All other
employees in the bargaining unit not otherwise exempt from the
provisions of this Section shall be required to become and
remain members of the Guild. In the event of failure to become a
member within thirty (30) days of the start of his/her
employment, the employee shall, upon formal notice from the
Guild, be discharged. (b)
This article shall be effective only to the extent
permitted by law. (c)
If any Guild member shall lose good standing by falling
thirty (30) days in arrears in Guild dues, the Company shall,
upon formal notice from the Guild, lay off said employee without
pay until such obligations are paid. If obligations are not paid
within thirty (30) days, the employee shall be considered
automatically discharged. (See Memorandum of Agreement dated
December 20, 1961.) 1. To the full extent permitted by law,
the Guild shall defend, indemnify and hold the Company, its
current or former officers, agents, employees, and contractors
harmless against any and all claims and against any and all
liabilities, demands, suits, costs, losses or damages, including
legal costs and attorneys’ fees, arising from any claims,
demands, suits or judgments for wrongful discharge,
discrimination, harassment, or any other claims, demands, suits
or judgments against the Company or any of its current or former
officers, agents, employees, and contractors arising out of an
employee being discharged pursuant to this section.
2. If the Guild discovers within thirty
(30) days after an employee has been automatically discharged
as provided in section (c)1 above, that the discharge was
in error, the Guild shall so advise the Company that the
termination demand was in error, and the Company shall then
reinstate the employee with full seniority within three working
days after being so notified by the Guild in writing.
The Company, however, shall not under any circumstance be
liable for any backpay liability if it reinstates an employee
pursuant to this section. (d)
The Company shall furnish to the Guild in writing: 1. Within a week after their employment or
transfer, the names, sex, minority group, birth dates, Social
Security numbers, addresses, telephone numbers, date of hiring
or transfer, contract classification (including part-time or
temporary), experience rating, experience rating anniversary
date and salary. 2. To the full extent permitted by law,
the Guild shall defend, indemnify and hold the Company, its
current or former officers, agents, employees, and contractors
harmless against any and all claims and against any and all
liabilities, demands, suits, costs, losses or damages, including
legal costs and attorneys’ fees, arising from any claims,
demands, suits or judgments for violation of privacy rights, or
any other claims, demands, suits or judgments against the
Company or any of its current or former officers, agents,
employees, and contractors arising out of the Company providing
information to the Guild pursuant to this article. 3. Notice by the 10th day of each month of
any merit increases granted and all changes in names, addresses,
classifications and all experience rating step-ups for all
persons covered by this contract. 4. Notice within one week of all
terminations, including the reason therefore, i.e., resignation,
dismissal, transfer, retirement or death. (e)
The Guild agrees that it will admit to membership and
retain in membership any employee qualified according to the
constitution of The Newspaper Guild and Communications Workers
of America and by-laws of the local Guild. (f)
Any employee who is discharged under the provisions of
paragraphs (a), (b), or (c) shall receive no dismissal pay.
ARTICLE II — DUES DEDUCTION (a)
Upon an employee’s voluntary written assignment, the
Company shall deduct weekly from the salary account of such
employee and remit to the Guild weekly all membership dues
levied by the Guild for the current week. Such membership dues
shall be deducted from the employee’s salary in accordance with
a schedule furnished the Company by the Guild. An employee’s
voluntary written assignment shall remain effective in
accordance with the terms of such assignment. All such
deductions shall be made in conformity with local, state and
federal legislation. (b)
Such assignment shall be made upon the following form: UNION DUES
DEDUCTION TO: SAN JOSE
MERCURY NEWS, INC. I hereby assign to the San Jose
Newspaper Guild 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 week following
the date of this assignment as certified by the Treasurer of the
San Jose Newspaper Guild. I hereby authorize and request
you to check-off and deduct such amounts during the week for
which such dues are levied and the Guild notifies you, from any
salary then standing to my credit as your employee and to remit
the amount deducted to the San Jose Newspaper Guild for that
week. 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 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 renewed 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 or revocation shall become
effective for the calendar month following the calendar month in
which you receive it.
Date:
_________________________________
Employee’s Signature: _________________________________
ARTICLE III — EXCLUSIONS (a)
The following executive positions are not to be included
in the application of this contract:
(b)
Temporary employees hired for elections and contests
shall be exempt from the application of this contract, provided
their employment does not exceed fifteen (15) consecutive work
days. However, the wage minima in this contract shall apply to
these employees.
ARTICLE IV — MINIMUM SALARIES (a)
Minimum weekly wage rates for editorial, advertising,
finance and library employees (as set forth in Schedule (1)
below) shall apply to the following classifications: 1. Six-year progression schedule:
Reporters, rewrite employees,
desk employees, photographers, photo lab technicians, artists,
advertising copy writers/promotion writers; advertising sales
employees, preprint coordinator, marketing/advertising
researchers, outside classified sales employees revenue
analysts, staff accountants, procurement supervisor, accounting
systems analysts, copywriter/translators, copyeditor/translator,
library webmaster/researcher, library research team leader,
library archive team leader. 2. Five-year progression schedule.
Library news researchers. 3. Four-year progression schedule:
Layout and production employees,
inside advertising service employees, chief makeup assistant,
general advertising office supervisor. 4 Three-year progression
schedule:
Merchandising employees, chief
dispatch clerk, assistant chief librarian, brand management
project coordinator, advertising/circulation training
coordinator, newsroom coordinator, business editorial assistant,
administrative assistants-advertising. (b)
The following shall be the minimum weekly wage rates paid
to employees in the respective classifications:
(c)
When a bargaining unit employee is assigned to fill an
excluded position, the employee shall receive a premium above
the employee’s regular weekly earnings of $10 per shift for each
shift or shifts so worked; provided, that individual merit pay
may offset said premium. (d)
The following positions shall receive the minimum
over-scale indicated in addition to wage rates set forth in this
contract (these premiums shall likewise apply when these
positions are temporarily filled by someone other than the
persons permanently holding them):
(e)
The following assigned positions shall receive the
premiums indicated in addition to wage rates set forth in this
contract (these premiums shall likewise apply when these
positions are temporarily filled by someone other than the
persons permanently holding them):
(f)
Any other employee who for more than 50 percent of
his/her work day performs the duties of a desk employee, writes
headlines, reads copy or schemes pages shall receive an
additional $3.50 per shift. (g)
Night and Lobster Differentials. Employees whose
scheduled shift ends between 8:00 p.m. and 12:00 midnight shall
receive one dollar and eighty-five cents ($1.85) extra for each
shift worked. Employees whose normal work schedule requires them
to be on duty at any time between 12:01 a.m. and 6:30 a.m. shall
receive two dollars thirty-five cents ($2.35) extra for each
shift worked. (h)
The vacation, sick leave, holiday or severance pay of
employees who have received, for a period of three (3) months,
regularly paid premiums and/or differentials set forth in this
article shall include such premiums and/or differentials. (i)
An employee hired at or advanced to an experience bracket
higher than he/she would normally fall will thereafter be
considered to have attained that experience as of that time. (j)
An employee who replaces an employee in a higher
classification or who temporarily works in a higher
classification shall receive at least the minimum in the higher
classification next higher than his/her regular rate for the
shift or shifts or hours so worked. Employees who temporarily
work in a higher classification shall receive not less than
$3.00 per shift more than they would have received in their
regular classification. (k)
Should the Company create a new job which is covered by
this contract it shall notify the Guild in writing thereof. On
request of the Guild, the employer shall meet with the Guild for
the purpose of negotiating the minimum wage applicable thereto.
Either party may submit the controversy to final and binding
arbitration under Article XVII if no agreement is reached.
Provided, nothing herein shall prohibit the Company from filling
such job pending conclusion and final determination of such
negotiations or arbitration. (l)
Effective on the dates shown below, each employee
shall receive increases to their weekly minimum salary equal to
the following schedule.
(m)
The Company shall have the right to adjust the payday for
employees from a weekly to a biweekly (26x per year) cycle.
The Company agrees to provide the Guild with ninety (90)
days notice of any such change, and will not proceed with such
change until all unions have agreed to the change.
The Company also agrees to provide the Guild and
employees with informational materials regarding such change,
and address any other questions relating to the change.
The Company shall also work with the Guild and employees
to ensure a smooth transition for employees affected by the
change in pay cycles.
ARTICLE V
— EXPERIENCE
In the application of the
foregoing schedules of minimum weekly wage rates only,
experience in the advertising classifications shall include all
employment in comparable work in the advertising department of a
daily or weekly newspaper, or experience in space buying or
preparation of copy in the advertising department of a
commercial firm. Experience in the editorial classifications
shall be construed to mean employment in comparable work as an
editorial employee of a daily or weekly newspaper, or as an
employee of a wire or picture service, news magazine, or news or
feature syndicate. Experience in all other classifications
covered by this contract shall include all regular employment in
similar work for newspapers or other establishments. Part-time
employees shall be given experience credit based on actual hours
worked. ARTICLE VI
— JOB LIMITATION (a)
A reporter shall not do the work of a photographer, and a
photographer shall not do the work of a reporter, nor shall the
members of the editorial department perform duties outside the
editorial department, nor shall employees of other departments
do editorial and news work. This shall not be construed to
prevent the employment of reporter-photographers for special
work after agreement with the Guild, which agreement shall not
be unreasonably withheld. Provided: (b)
Combination reporter-photographers may be employed
outside Santa Clara County, but shall be limited to no more than
two (2) in any one bureau. Within Santa Clara County,
combination reporter-photographers may be employed only as
follows: 1. Two designated combination
reporter-photographers may be assigned to the South County
bureau, and may use cameras only south of Coyote. 2. One designated Venture (outdoors)
section reporter, including the wildlife writer, may use a
camera south of Coyote on subjects to appear only in the Venture
section. 3. The Inquiring Reporter may use a camera
for head shots which may be reproduced only in the Inquiring
Reporter column. 4. On a voluntary basis, cameras for the
purposes of head shots only may be used by reporters when
outside of the main office. Application of this subsection shall
not be a direct cause of a reduction in force of staff
photographers. (c)
The Travel Editor may use a camera outside of the
counties of Santa Clara, Alameda, San Mateo, Santa Cruz, and
Monterey; to illustrate travel articles only. (d)
In the graphics department, graphic editors and
photographers may be interchanged for temporary periods;
provided that their competency shall be judged only on their
designated primary skill, and that they shall not do the work of
reporters or other newsroom employees. (e)
A combination reporter-photographer shall not be required
to be proficient in both skills. Competency shall be judged only
on the designated primary skill. (f)
Online outside salespeople (online sales team and one (1)
online classified recruitment sales representative) only may
carry lightweight point-and-shoot digital cameras.
Their photographic work shall only be used in online
publications. Affected employees shall not be judged by their photographic
skills. ARTICLE
VII — NO PAY REDUCTIONS There
shall be no reduction in salaries, or rates of pay, except in
the following circumstances: (a)
In case of promotion which results in an increase in pay
to any employee, the Company may within ninety (90) days return
the employee to his/her former position and former rate of pay.
After ninety (90) days, said employee shall be considered a
regular employee in that classification to which he/she has been
promoted; but such time limit shall not apply in cases of
temporary promotions to replace absentees who are expected to
return. Employees, if they so desire, shall have the option of
returning to their former positions within the ninety (90) days’
period. (b)
In case of an employee who desires and requests an hours
reduction or transfer to a lower paid classification, the
employee shall be permitted to make such job change, provided
there is prior agreement by the Guild and the Company. (c)
In cases where an employee is promoted to a higher
classification, merit pay granted in the lower classification
may be reduced; provided the salary scale increase is as great
or greater than the merit pay. (d)
Bonus payments for special assignments or individual
effort are permissible; provided they are distinguishable from
merit pay and job differentials. ARTICLE
VIII — INDIVIDUAL BARGAINING Nothing in this contract shall prevent employees, or the Guild
on their behalf, from bargaining individually for pay increases
in excess of the minimum established herein. The policy of the
Company shall be to regard minimum wage rates as minima and to
acknowledge individual merit by raises above the minima.
ARTICLE IX
— TEMPORARY and PART-TIME EMPLOYEES (a)
No unpaid employee shall be allowed. (b)
A part-time employee is one who is hired to work 30 hours
or less per week. A part-time employee scheduled to work 30
hours may be held over up to one hour per week. (c)
Temporary and part-time employees filling covered
positions shall be compensated for all time worked at the rate
provided in this contract. All part-time and temporary employees
except as provided in Article III are subject to all provisions
of this contract, except that Section (e) of Article XIX
(Bereavement Leave) shall not apply to temporary employees
during their first three months of employment nor to part-time
employees who work less than a four (4) day week. No employee
will be denied unpaid leave for purposes set forth in Section
(e) of Article XIX. Temporary employees (including interns)
shall not accrue vacation unless they are employed beyond 120
calendar days. For those employed beyond 120 calendar days, all
time worked shall count for vacation accrual. (d)
No part-time employee shall work more than five (5) days
within a work week without overtime pay. (e)
Part-time employees who are eligible for Health Plan
benefits under Article XXI shall be entitled to the same holiday
benefits as full-time employees on a pro-rata basis. (f)
A temporary employee shall be considered one who is
employed on a special project or for a limited time, and in any
event shall be employed for no more than six months except as
provided in Article III or upon agreement between the Company
and the Guild. The Guild shall be notified in writing at the
time a temporary employee is hired as to the nature of such
project or the duration of such employment. (g)
A temporary employee shall, if he/she possesses the
necessary qualifications to meet the Company’s requirements for
a vacancy, be given first consideration for regular employment
before new employees are hired; provided, this section shall be
effective only after there has been full compliance with the
conditions set forth in Article XIV (j) and Article XXVI. (h)
A “casual” employee is defined as a part-time employee
who has no regularly scheduled hours or shifts, but is “on call”
as needed or is scheduled in advance to replace an absent
regular employee. ARTICLE X
— HOURS (a)
The five-day, thirty-seven and one-half hour week shall
obtain in all departments. (b)
The working day shall consist of seven and one-half hours
falling within eight and one-half hours in the commercial
departments, and seven and one-half hours falling within nine
hours in the editorial department. (c)
The Company shall compensate for all overtime at the rate
of time and one-half in cash. Overtime shall be defined as work
beyond the unit of hours in the work day, or days in the work
week, as set forth in Sections (a) and (b) above. Overtime shall
be worked only when authorized by the Company. Compensatory time
off may be taken in lieu of cash, at the rate of time and
one-half, at the option of the employee; provided that it is
taken in accordance with state and federal law. If an employee
opts for the time off, it shall be with approval of the Company. (d)
The Company shall cause a record of all overtime to be
kept and a copy furnished the Guild upon request of the Guild
president, vice president or executive officer. (e)
If an employee having once been released from duty, is
called back, he/she shall be credited with two hours in addition
to the actual time worked, all at the overtime rate. (f)
At least eleven (11) hours shall elapse between the end
of a scheduled shift and the start of the next scheduled shift.
Whenever an employee is required to start another shift within
the eleven (11) hour period (if overtime was not worked within
the period) it shall constitute a callback and the provisions of
paragraph (e) shall apply for those hours worked within said
eleven (11) hour period. (g)
Employees required to work on their day off or holiday
shall receive a minimum of a full day’s pay at the overtime
rate. (h)
The positions of political writer and fish and game
writer are exempt from the hours provisions of this contract
when out of Santa Clara County. When the political writer is
inside of Santa Clara County, he/she may work his/her regular
workweek divided to meet the requirements of the job. This hours
waiver arrangement applies only when the political writer is
assigned to political duties. Other than these special
arrangements on hours, the political writer and fish and game
writer are covered by all terms of this contract. (i)
Reporters who are assigned to cover a territory outside
the city limits of San Jose shall be covered by all provisions
of the contract except that they may work their regular work
week designed to meet the requirements of their territory. This
section shall not apply to those reporters from the main office
who cover outlying areas nor to reporters in the Peninsula,
Alameda and West offices, except the Bureau Chiefs. (j)
Stringer correspondents and freelancers are excluded from
the provisions of this contract. (k)
Work Schedules. 1. Schedules of work days and starting
times shall be posted no later than 1:00 p.m. on Monday for the
next financial week; provided, that the starting times so posted
may be revised no later than 1:00 p.m. on the intervening Friday
to adjust to developments beyond the control of the Company. If
a work schedule is not so posted, the previously posted work
schedule shall apply. The lunch period shall not be considered
as part of the hours of work. Unless requested by the employee,
work schedules shall not require an employee to remain on duty
more than four and one-half (4 1/2) hours after the beginning of
his/her shift without a lunch period. Days off shall be
consecutive insofar as practicable. The Company shall establish
regular days off for all employees. Where it is necessary to
shift the regular days off, either for a temporary period or
indefinitely, the employee shall be notified of the change as
far in advance as possible. The notice shall state whether the
change is temporary or indefinite. If it is temporary, he/she
will be advised of the probable date for return to the former
schedule. When in the sole judgment of the department head it is
feasible, employees with seniority shall have the choice of the
days off. 2. Any employee’s schedule of working days
and starting times may be changed at anytime where an employee
is required to cover a regularly scheduled position due to the
absence of a regularly scheduled employee because of failure to
report, sickness, or leave of absence (including jury duty and
bereavement leave) granted after posting of schedule. Where an
employee’s schedule is changed (other than under the conditions
herein set forth, or at the sole request or convenience of the
employee) the overtime rate of pay shall apply up to the
beginning of his/her regularly scheduled starting time or
subsequent to his/her regularly scheduled finishing time and
then the straight-time rate of pay shall be paid for the
remaining hours of that work day. 3. Where an employee is scheduled to work
more than five (5) consecutive straight time days he/she will
receive a premium of one-half (1/2) day’s pay. However, this
premium payment shall not apply to employees who elect to
exchange days off or who by mutual agreement arrange for a
back-to-back schedule or who are exempt under the hours
provision as provided elsewhere in this Article. ARTICLE XI
— HOLIDAYS (a)
New Year’s Day, Presidents’ Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day
shall be holidays in all departments, granted to all full-time
employees with full pay. An employee shall be entitled to a
holiday on each anniversary of the employee’s hire date. If in
the judgment of Management, production requirements dictate that
the employee not take the holiday on the anniversary date of
hire then a different date will be arranged by mutual agreement
as near to the anniversary date as possible. If an employee’s
anniversary date of hire falls on one of the holidays enumerated
in this Article, said employee shall receive an additional day
off with pay; the day off to be selected by mutual agreement. If
an employee’s anniversary date of hire falls on his/her
regularly scheduled day off, or during a vacation period, it
shall be treated as any other holiday is treated under such
circumstances. (b)
In addition to the holidays enumerated in (a) above, the
birthday of each employee with one year or more of service shall
be considered as a holiday for such employee and shall be
governed by the applicable terms and conditions of this Article.
The holiday may be taken by the employee, at the employee’s
option, on the birthday, or, by mutual agreement, any time
within the calendar year. When such birthday falls on one of the
holidays enumerated in the Article, said employee shall receive
an additional day off with pay; the day off to be selected by
mutual agreement and taken within the calendar year. (c)
Any employee whose regular day off falls on a holiday, or
whose vacation time includes a holiday, shall receive an
additional day off at a date mutually agreeable to the employee
and Management; provided, that if no mutual agreement can be
reached, the employee may add the day(s) to his/her next
vacation. The additional day(s) off may be carried over into the
next calendar year but not beyond. The foregoing shall also
apply to part-time employees who regularly work five (5) days a
week. (d)
A full-time employee required to work on any holiday
shall receive a minimum of a full day’s pay at the overtime
rate, in addition to his/her regular weekly salary. A part-time
employee who regularly works five (5) days a week (or is
eligible for Health Plan benefits under Article XXI) and who is
required to work on any holiday shall receive a minimum of a
full day’s pay (prorata, but with a minimum of 4 hours’ pay) at
the overtime rate, in addition to the employee’s regular weekly
salary. (e)
All other part-time employees who work holidays shall be
paid at the overtime rate for the hours worked, with a minimum
of four (4) hours’ pay at the overtime rate. (f)
The weekly earnings of scheduled part-time employees who
are ineligible for Health Plan benefits under Article XXI shall
not be reduced in a holiday week. If a holiday falls during the
employee’s regular weekly schedule and the employee is not
scheduled to work it, the employee shall be offered another day
of work that week unless given the holiday off with pay. If the
employee works on the holiday, Section (e) above shall apply. (g)
Individual employees may substitute any birthday or
anniversary date holiday for a religious or government holiday
of his/her choice as long as it is approved by the department
head in advance and is not one of the holidays already
enumerated in the contract. ARTICLE
XII — VACATIONS (a)
Employees will accrue vacation on an “earn as you go” basis, to
be taken in the year the vacation is accrued.
Vacation shall accrue according to the following
schedules:
(b)
Accrued vacation pay shall be paid to an employee whose
employment is terminated for any reason. Vacation credit shall
begin with the date of employment. (c)
Vacations shall be arranged between January 1 and
December 31. Vacation weeks shall be consecutive unless the
employee elects to split his/her vacation into two or more
parts. (d)
Leaves of absence and sick leave shall not count as
breaks in continuous service in computing vacation entitlement
nor shall time on such leave be considered service time in
computing vacation entitlement. (e)
Vacations shall in all cases be taken in the calendar
year within which the right to them shall have accrued, unless
an employee shall agree in writing with the head of his/her
department or the Company that the time of taking the vacation
shall be delayed. (f)
Vacation preference shall be based upon seniority.
Vacation sign-up sheets shall be posted no later than December 1
prior to the vacation year. Requests for vacation made after
January 1 shall be granted on a first-come, first-served basis,
without reference to seniority. In accordance with past
practice, the department head may limit, within the department
or sub-department, the number of employees on vacation at any
one time. (g)
The Company shall not block out vacation periods except
for sound business reasons, as circumscribed in the decisions of
arbitrators Durham and Letter (dated 7/12/73 and 1/8/85,
respectively). If any departmental vacation schedule contains
blocked out periods, a copy shall be sent to the Guild in
December (preceding the vacation year) so that the Guild may
consult with the Company. ARTICLE
XIII — SICK LEAVE (a)
Employees shall accumulate paid sick leave at the rate of
one week for each completed six months of service.
Paid sick leave shall be capped at a total of one hundred
thirty (130) days , and once employees reach the one hundred
thirty day cap, they shall not accrue any further sick leave.
Employees employed prior to the execution of this
Agreement with sick banks in excess of one hundred thirty days
shall not accrue any further sick leave until their sick leave
balance falls below one hundred thirty days. (b)
The following policy shall govern in the case of
employees absent as a result of sickness or injury: Policy:
Employees shall accumulate credit for sick leave at full
pay at the rate of one week of credit for each completed six
months of service, subject to the caps set forth in
subparagraph (a) above. Amounts received by an employee under
local, state, or federal law in lieu of earnings do not reduce
his/her credit for sick leave at full pay as accumulated in the
above manner. Paid sick leave in excess of the minimum
entitlement above may be granted by the Company in cases where
length of service, the employee’s sick leave history, the nature
of his/her illness, the degree of hardship and similar factors
indicate additional paid sick leave is warranted. (c)
Sick leave credits shall be accumulated on a calendar
year basis or a pro-rata thereof. (d)
A joint committee consisting of the Guild and two
representatives of the Company shall be established to consider
all issues arising from the application and operation of this
Article. (e)
No deductions for sick leave shall be made from overtime
or vacation credited or to be credited to the employee. (f)
Pregnancy/Maternity Sick Pay. An employee becoming ill or
disabled related to pregnancy or maternity shall be entitled to
receive regular pay for the period of illness or disability to
the extent of the total accumulated sick leave credit standing
to the employee’s account at the time of such illness or
disability. When an employee is unable to work due to normal
childbirth but no illness or other disability is present, the
employee shall receive regular pay, less any amounts received
under state law, to the extent of total accumulated sick leave
credit or to the maximum allowable under state law (but in no
event less than 7 weeks if sick leave is available) whichever is
less; provided, to qualify for such pay there must be a medical
verification of the pregnancy. ARTICLE
XIV — SECURITY (a)
There shall be no dismissals as a result of putting this
contract into effect. (b)
Discharge may be either (1) for good and sufficient
cause, or (2) to reduce the force. The term “reduce the force”
as used herein shall be construed as synonymous with discharge
for economy. The Company agrees to notify the Guild two weeks in
advance of the effective date of any contemplated discharge so
that the Guild may consult with the Company on the case,
excepting in cases of gross misconduct or repeated drunkenness
after warning. (c)
Upon dismissal an employee shall receive in writing from
the Company or his/her representative a statement of the cause
of his/her discharge. (d)
In the event that an employee who is a replacement for an
employee in military or related service is dismissed upon the
return of the other from military service, then should a vacancy
occur within one year which he/she is qualified to fill, the
employee shall be given first preference in filling the vacancy. (e)
New employees shall be considered probationary employees
during the first 60 days of their employment, which period may
be extended by mutual agreement. During the first 60 days of
their employment they may be discharged without notice. (f)
Computation of the probationary period shall be exclusive
of the requirement for two weeks’ notice of termination. (g)
There shall be no discrimination against any employee
because of his/her membership or activity in the Guild. Nor
shall there be any discrimination, by either the Company or the
Guild, against any employee because of age, sex, race, creed,
color, national origin, marital or parental status, sexual
orientation, or those disabilities defined and covered by the
Americans with Disabilities Act. In this regard there shall be
no discrimination in hiring by the Company nor in admittance
into membership by the Guild. (h)
Any employee forced to leave his/her job as a result of
the application of any governmental wartime regulation shall
have a guarantee that he/she can return to his/her job with
severance pay rating and other rights unimpaired, within ninety
days of termination of hostilities or any other development
which makes it possible for the employee to return. (i)
Upon the issuance of any such governmental regulations,
the Company shall immediately confer with the Guild upon the
application of such order to the Mercury News. (j)
Reductions in Force. 1. The Company shall notify the Guild in
writing of the intention to effect any dismissals for economy
reasons, stating the number, classifications and departments of
jobs affected, and providing, in such notice, seniority lists
showing the employees in the classifications and departments
affected, their length of service with the Company and their
length of service in the classification and department. The
Company shall in making discharges for economy reasons, give due
consideration to such factors as general competence,
qualifications, and ability to do the available work, and
consideration will be given to the factor of length of service. 2. When it is necessary to reduce the
force for economy reasons, the Company shall accept retirements
in accordance with the Retirement Plan, or voluntary
resignations from employees in the classifications involved;
provided that after retirements the number of resignations by
employees with less than five (5) years’ service in each
classification shall not exceed the number of jobs reduced in
such classification. Such employees with less than five (5)
years’ service shall be paid the amount of severance pay
provided by Article XV. The number of employees dismissed shall
be reduced to the extent that the necessary payroll saving has
been achieved by retirements and/or resignations. Employees
dismissed for economy reasons shall be placed on a rehiring list
for three (3) years or one (1) year longer than length of
service when laid off, whichever comes sooner. The Company shall
fill all vacancies with persons on the rehiring list; except
that if the Company needs someone with special qualifications
not possessed by any person on the rehiring list (in the opinion
of the Company), the Company may go outside the list upon
notification to the Guild. Disputes, if any, on this point are
to be adjudicated by arbitration as provided in Article XVII. In
rehiring from the list, the Company shall give due consideration
to the factors of length of service, general competency,
qualifications, ability to do the work assigned, and general
health. Time spent on the rehiring list shall not constitute a
break in continuity of service, but need not be counted as
service time. When a person is rehired from the rehiring list,
he/she shall be credited with his/her former length of service
for all purposes except severance pay, but if the employee
refunds his/her severance pay he/she shall also be credited with
his/her former length of service for severance pay purposes. It
is the responsibility of persons on the rehiring list to notify
the Company of their current addresses, and telephone number, if
available. Persons on the rehiring list shall be notified by
registered letter, return receipt requested, when offered
re-employment. Such persons shall have forty-eight (48) hours
from receipt of letter, exclusive of Saturdays and Sundays, to
accept or reject rehiring. Any person who is offered comparable
employment and refused same may be removed from the rehiring
list. 3. Employees placed on the rehire list
shall continue to have full health and welfare coverage,
provided by the Company, for up to two (2) months after the
month in which the layoff occurs. 4. There shall be no economic layoffs
(reductions in force) within the bargaining unit through June
30, 2007. (k)
Transfers. No employee shall be transferred by the
Company to another city (except the West bureau) without the
employee’s consent, except as set forth below. 1. Employees hired after November 22, 1983
to work in the Peninsula or Alameda offices may be transferred
to the Main Plant without the employee’s consent. 2. Employees hired after January 1, 1991
may be transferred during their first five years of employment
between the Main Plant and the Peninsula, and Alameda offices. 3. Employees hired after the signing of
this contract may be transferred upon 60 days notice between
those offices in subsection 2 above. 4. No transfer shall be for punitive
reasons nor create an undue hardship. 5. The Company shall pay all
transportation and other moving expenses of the transferred
employee and his/her family — except when the transfer occurs
totally within an area consisting of Santa Clara County and
Southern Alameda County (the latter defined as south of the
southern city limits of Hayward and west of the eastern city
limits of Fremont). 6. There shall be no reduction in salary
or impairment of other benefits as a result of such transfer. 7. Employees assigned to any bureau
outside of a 40-mile radius of the main plant may be transferred
back to the main plant without the employee’s consent under the
terms set forth in this section.
Employees shall be given 90 days notice of such transfer. (l)
The Guild shall be given 120 days’ notice of intent to
introduce new or changed equipment. No employee shall be
dismissed as a result of the introduction of new or changed
equipment. (m)
The Company shall in no way interfere or attempt to
interfere with operation of the Guild. (n)
There shall be no imposition of unreasonable duties upon
any employee. (o)
Except as modified in and by this contract, the Company
has the authority to select employees from any source, be the
judge of competency and the number of employees required. ARTICLE XV
— SEVERANCE PAY (a)
Upon termination of employment by dismissal, except
dismissal for gross misconduct or provoked by the employee’s own
action to collect severance pay, an employee who was not vested
in The San Jose Mercury News, Inc. Amended Retirement Plan
Covering Employees Represented by the San Jose Newspaper Guild
(hereinafter referred to as “the Mercury News Pension Plan”) as
of December 31, 2005, shall receive cash severance pay in a lump
sum equal to one week’s pay for each six months’ service, or
major fraction thereof, up to fourteen (14) weeks.
(b)
Upon termination of employment by dismissal, except
dismissal for gross misconduct or provoked by the employee’s own
action to collect severance pay, any employees who were vested
in the Mercury News Pension Plan effective December 31, 2005,
shall receive their Part A benefit under the Mercury News
Pension Plan in lieu of a severance payment pursuant to this
provision, unless their Part A pension benefit amounts to less
than the equivalent of fourteen weeks pay.
In such cases, employees will receive their Part A
pension for service prior to December 31, 2005, and for service
on or after January 1, 2006, receive cash severance pay in a
lump sum equal to one week's pay for each six months’ service,
or major fraction thereof, up to a maximum of fourteen (14)
weeks when combining the Part A pension benefit and the cash
severance payment pursuant to this subparagraph. (c)
Nothing herein is intended to reduce, or has the effect
of reducing, any vested pension benefit earned under the Mercury
News Pension Plan. (d)
Severance pay shall be computed at the highest weekly rate
received by an employee during his/her last six months with the
Company. Service time is understood to be time served
continuously as an employee of the Company except where a leave
of absence has been granted under Article XIV, Section (i);
Article XX, Section (a); or Article XIX, Sections (b), (c), (d),
and (h). (e)
In the event of the death of any employee with six or
more months of service, the Company agrees that the
beneficiaries of the deceased, designated by the employee in
writing in advance, shall be paid a sum equivalent to that which
the deceased would have been paid had he/she been discharged
under the terms of this contract, less any legal costs or
expenses caused the Company in making said payments. ARTICLE
XVI — OUTSIDE ACTIVITY (a)
Without permission in writing from the Company, no
employee shall use the name of the Company or his/her connection
with the Company or any featured title or other material of the
Company to exploit in any way his/her outside endeavor. In cases
of employees using the name of the Company for identification
purposes in freelance work for non-competing media, employees
need only notify their immediate supervisor. (b)
Without permission in writing, employees may not work for media
in direct competition with the Company. This includes any
regular (as opposed to guest) appearances on the same radio or
television show. (c)
The parties acknowledge and agree that maintaining and
enforcing the Editorial Ethics Policy is an “essential
enterprise related interest” of the Company and that all
editorial employees shall sign an acknowledgment that they have
received and understand the Editorial Ethics Policy. ARTICLE
XVII — GRIEVANCE PROCEDURE and ARBITRATION (a)
The Guild shall designate a committee of its own choosing
to take up with the Company or its authorized agent any matter
arising from the application of this agreement or affecting the
relation of the employees and the Company. (b)
The Company, or its authorized agent, agrees to meet with
the Guild Grievance Committee within ten (10) days after request
for such meeting, and the Guild Grievance Committee agrees to
meet with the Company or its authorized representative within
ten (10) days after request for such meeting. (c)
Any such matter (except renewal of this contract) not
satisfactorily resolved may be submitted to final and binding
arbitration by either party as set forth below. Costs of such
arbitration shall be borne equally by the parties, except that
no party shall be obligated to pay any part of the cost of a
stenographic transcript without express consent.
(d) A
grievance raised under (b) above may be moved to arbitration by
either party at any time more than ten (10) calendar days after
its first consideration, but in no event later than sixty (60)
calendar days after its first consideration in the case of a
discharge grievance (this time may be extended by mutual
agreement). The motion for arbitration shall be by written
notice from the moving party to the other party. The parties
then shall take the issue to arbitration according to the
procedures hereinafter set forth. 1. The parties shall request a panel of
eleven (11) arbitrators from the Federal Mediation and
Conciliation Service who reside in California. 2. Within five (5) days after receipt of
the written notice of arbitration the parties shall meet and
select an arbitrator from such panel. In the event there is
disagreement as to which of these arbitrators shall serve,
he/she shall be selected by the elimination process. 3. The party seeking arbitration shall
state in the written notice of arbitration whether the procedure
in paragraph 5 or 6 of Section (d) shall be followed. 4. Informal Hearing: The hearing
shall be without transcript and without formalities normally
attendant upon a formal arbitration. The arbitrator shall in
such cases as he/she deems possible issue his/her decision and remedies at the
conclusion of the hearing. Otherwise he/she shall issue his/her
decision and remedies as soon as possible. In either instance
he/she shall reduce his/her decision and remedies to writing and
at his/her option may or may not include an opinion. 5. Formal Hearing: The hearings
shall be with a transcript and the normal formalities attendant
upon a formal arbitration. The arbitrator shall issue his/her
opinion, decision and remedy as soon as possible after receipt
of the transcript and briefs if they are filed. The arbitrator
may at his/her option issue a Bench Award upon the conclusion of
the hearing. 6. The “Informal Hearing” procedure should
be limited to cases where there is no substantial differences
between the parties as to the facts of the grievance and where a
large number of witnesses would not be required in the
presentation of the case; otherwise the “Formal Hearing”
procedure should be invoked. If dispute arises as to which
procedure to follow, then such dispute will be presented to the
arbitrator to be decided before the arbitration begins. 7. The decisions including remedies issued
by the arbitrator shall be final and binding. All issues
concerning arbitrability shall be submitted only to the
arbitrator for decision and such decision shall be final and
binding. 8. The arbitrator shall follow rules of
procedure agreed to by the parties, but in the absence of
agreement thereon, the rules of the voluntary labor arbitration
tribunal of the American Arbitration Association shall govern.
(e)
Conditions prevailing
prior to an action or circumstance, except in case of discharge,
which results in a grievance shall be maintained unchanged
pending final settlement of the grievance as provided herein.
(f)
Notwithstanding any of
the above provisions, The parties agree that for a two year
trial period following the execution of this Agreement, all
discipline and discharge cases will be resolved in the manner
set forth below: 1. For all discipline and discharge
grievances, the parties agree that the case will be heard by a
neutral arbitrator, selected consistent with the procedure
outlined below. 2. Upon execution of this Agreement, the
parties shall request a panel of thirteen (13) arbitrators from
the FMCS. Using the alternate strike method, the parties
shall select three (3) arbitrators from the panel. At the
end of one year following the selection of the three member
panel, the parties shall request a new thirteen member panel
from the FMCS, and select a new three arbitrator panel using the
same alternate strike method.
3. If any discharge or disciplinary
grievance is not resolved within
sixty (60) days of the discharge or discipline, the
parties will select an arbitrator from the three member panel
using the alternate strike method. However, if the selected
arbitrator is not available to hear the case within thirty (30)
days, the parties shall contact each of the three arbitrators,
and select the arbitrator who is available to hear the case at
the earliest date agreeable to the parties. 4. A hearing shall take place in which the
parties shall present evidence consistent with the rules of a
normal arbitration. The arbitrator shall issue a final and
binding decision immediately upon hearing all evidence
presented. The parties, per mutual agreement, may grant
the arbitrator additional time to deliberate on the issue(s)
presented. 5. Each decision by the arbitrator shall
be made in writing with a copy of each decision provided to the
Guild and the Company. 6. This expedited arbitration procedure
shall be limited to discharge and discipline cases.
Contract interpretation cases shall be resolved using the
grievance/arbitration procedures outlined above. 7. This clause shall expire two (2) years
following the execution of this Agreement. This two year trial
period shall be continued by mutual agreement of the parties. ARTICLE
XVIII — EXPENSES (a)
The Company shall pay all legitimate expenses incurred by
the employees in the service of the Company. (b)
Any employee (excepting photographers) required and
designated by the Company to use his/her automobile in the
service of the Company shall be compensated for such use at a
minimum of $45.00 per week or 45.5 cents per mile, whichever is
higher. Reports of such use shall be made on blanks supplied by
the Company and shall be approved by the Company. The rate of
45.5 cents per mile where it appears herein shall be increased
or decreased to the nearest half-cent on July 1 and January 1
each year (beginning January 1, 2007) as may be indicated by
applying to the 45.5 cents the percentage increase or decrease
in the Private Transportation Index (or average of the two PTI’s
if two are issued) of the Consumer Price Index for the San
Francisco-Oakland-San Jose area for the month immediately
preceding each such date over or under the same Index for June,
2006. (c)
Photographers shall be supplied company automobiles for
all work performed on company time for the duration of this
contract. (d)
Photographers shall be compensated at a monthly pro-rata
of their average annual expenditures for purchase and
maintenance of photographic equipment used in the Company’s
business. (e)
Guaranteed car allowances set forth in (b) above shall
not be reduced in a holiday week solely due to the holiday. (f)
The Company shall make parking arrangements for those
employees who are required to keep an automobile in constant
readiness for the Company’s business. (g)
Except by mutual agreement between the Company and the
Guild, an employee required to use his/her automobile on a
weekly car allowance basis in the service of the Company shall
be given six (6) months’ notice of discontinuance of the use of
such automobile with a copy to the Guild, except in case of
resignation or discharge, where no such notice is required. When
the Company desires to reinstate the use of an employee’s car,
the effective date on such change shall be by agreement between
the Company and the Guild. (h)
If an employee is required to use his/her automobile
regularly on the business of the Company, such automobile shall
be covered by liability insurance, and the Company agrees to pay
one-half of the amount which will purchase a liability insurance
policy for such automobile in the amount of $100,000 each person
and $300,000 each accident and $25,000 property damage issued by
a company licensed to do business in the State of California. A
certificate of insurance shall be supplied to the Company
showing the limits and coverage. Such liability coverage shall
not be required in the case of an employee hired prior to June
18, 1966, where such employee is unable to obtain such coverage. (i)
Employees on hazardous assignment will be covered by
$100,000 death and dismemberment insurance. Employees traveling
by aircraft for the Company will be covered by $100,000 death
and dismemberment insurance. Hazardous duty and air travel
insurance shall be in addition to disability, life and other
insurance benefits already provided in this contract and/or by
state and federal law. (j)
Any employee who is employed or based at the Main Plant
and who is subject to section (b) above may give notice that
thirty (30) days hence he/she will no longer use his/her
personally owned automobile in the service of the Company,
provided that not more than five (5) such notices may be served
in any thirty (30) day period. ARTICLE
XIX — WORK and FAMILY ISSUES (a)
Leaves of Absence. Leaves shall not constitute
breaks in the continuity of service or the computation of
severance pay, sick leave, vacation and other benefits of this
contract, but severance pay will not be paid for periods of
unpaid leave. (b)
Personal Leave. By consent of the Company,
employees may be granted leaves of absence. (c)
Guild Leave. In the event an employee is elected
or appointed to any AFL-CIO office or office of The Newspaper
Guild or Communications Workers of America, or office in a local
of The Newspaper Guild, such employee shall be given a leave of
absence if requested. The number of employees on Guild leave
shall be limited to seven (7) at any one time (but no more than
four (4) from any one department), except by mutual agreement.
The period of leave may be extended by mutual agreement between
the employee and the Company. The foregoing shall also apply to
delegates elected to The Newspaper Guild, Communications Workers
of America or AFL-CIO conventions. (d)
Academic Leave. Unpaid leaves of absence will be
granted employees receiving professional and journalistic
fellowships and scholarships. (e)
Bereavement Leave. Any regular employee covered by
this Agreement who suffers a death in the family shall be
granted three (3) consecutive work days off with full pay. 1. Employees shall receive such paid days
off in addition to, and irrespective of, the employee’s regular
days off. 2. No payment shall be made for any part
of such leave which falls within the employee’s vacation period
or other paid period when the employee is not covering his/her
job. 3. For the purposes of this Section,
“family” shall include spouse, same-sex domestic partners,
parents or legal guardians, children, brother or sister,
father-in-law and mother-in-law. (f)
Family Medical Care Leave. An employee shall be
granted unpaid leave of up to 12 weeks in a 12-month period to
provide care for a spouse, same-sex domestic partner, child or
parent with a serious health condition. The amount of time
available for such leaves is reduced in length by any such time
taken in the previous 12 months under any of the Family Leave
acts. 1. Such leaves are available to employees
who have at least one year of employment and have worked at
least 1250 hours during the 12-month period immediately
preceding the leave. (Said limitation applies only to Family
Leave and not to other leaves in this contract.) 2. Employees requesting such leaves are
expected to provide reasonable notification and to comply with
the Company’s request for medical certification. 3. Such leaves shall be without pay unless
all or part is charged to unused vacation, sick time or
accrued compensatory time which may be elected by the employee
or required by the Company. 4. It is intended that this Section shall
comply with, and not conflict with, the state and federal Family
Leave acts, but it may be more permissive. (g)
Dependent Care Leave. With verification acceptable
to the Company, employees shall be granted time off up to an
annual total of five days to deal with child or elder care
problems. At the employee’s option, such time off may be without
pay, or with pay if charged to unused vacation. Such time off
shall be inclusive of the Family Leave acts in Section (f) above
if used for the same dependent, but need not meet the
eligibility requirements of either. (h)
Maternity Leave. Maternity leave of up to six (6)
months without pay shall be granted upon request. Any female
employee shall be entitled to sufficient unpaid leave for
childbirth and recovery. Requests by full-time employees on
maternity leave to work a part-time schedule upon their return
to the job will be given due consideration by the Company. 1. This Section shall also apply to a
female adoptive parent or a male adoptive parent (including
placement of a child for foster care), but is limited to a
combined total of six (6) months for two employees married to
each other – or two employees who are same-sex domestic partners
with each other – and no more than one month may be concurrent. 2. It is intended that this Section shall
not be more limiting than the state and federal Family Leave
acts cited in Section (f) above. (i)
Paternity Leave. Paternity leave of up to one
month, without pay, shall be granted upon request to a male
employee whose wife has a child or to a male or female employee
whose same-sex domestic partner has a child.
Additional leave may be available under the Family Leave
acts in Section (f) above or Maternity Leave in Section (h)
above, but the total time off shall not exceed the limits set
forth in these two sections. (j)
Job Sharing. By mutual consent of the Company, the
Guild and the employees involved, any two employees will be
permitted to share a full-time job. The negotiated document
entitled “Job Sharing Guidelines” is incorporated into this
contract by reference. (k)
Flex Time. By mutual agreement, employees may
adjust their scheduled starting times; provided, that a full
shift is worked. (l)
Four-day Week. Full-time employees may work a
four-day week (for a regular week’s straight-time pay)
consisting of a maximum of nine and one-half (9 1/2) hours a day
in a 37 1/2 hour week; provided there is prior agreement between
the Company, the Guild and the employee.
(m)
Domestic Partners.
The following provisions apply only to same-sex domestic
partners: 1.
All benefits shall apply to domestic partners of
employees on the same basis as to spouses of employees. 2. A domestic partner is defined as an
adult who shares a committed relationship with a Mercury News
employee. 3. Children of an employee’s domestic
partner shall be treated as children of the employee with regard
to all benefits. 4. Employees shall not be required by the
company to sign a notarized affidavit or undergo any other
procedure to establish domestic partnership that is more
burdensome than the procedure to establish a spousal
relationship. Nor
shall domestic partners of employees be subject to time limits
before becoming eligible for coverage, unless such time limits
apply to spouses of employees. 5. Domestic partners may be named as
primary beneficiaries of all pension, 401 (k), long-term
disability, life insurance and other benefit plans offered by
the company. ARTICLE XX
— MILITARY SERVICE (a)
Any employee who is required to leave his/her position to
serve in the United States military or related services, or who
enlists for one term of enlistment, who serves in the military
or related services during a national emergency or in time of
war, or who has left on military service since enactment of the
Selective Service and Training and National Guard Acts of 1948,
shall be deemed to be an employee on leave of absence and shall
be reinstated to his/her position — and title, if any —
immediately upon his/her return with time spent in service
counted for accrual of severance pay and with severance pay
rating and other rights under this contract unimpaired. In
respect to peace-time service, application for reinstatement
must be made within ninety days of termination of service, plus
travel time from separation center to place of employment. In
respect to war service, application for reinstatement must be
made within ninety days of termination of service, plus travel
time, and reinstatement may be to a position other than, but
similar to, and at no less salary than that held by the employee
at the time he/she left his/her position. (b)
In the event an employee is incapacitated in and at the
termination of service to the extent he/she is unable to resume
his/her job, the Company shall make every effort to retain
him/her in some other acceptable employment. If such other
employment is not found, the employee shall receive his/her
severance pay. In the event such employee died during his/her
leave of absence, the amount of severance pay shall be paid to
his/her beneficiary or estate. (c)
An employee leaving for military service as herein
described shall be given the option of carrying over to his/her
return service credit for vacation purposes, or of receiving the
proportionate amount of vacation pay immediately. (d)
An employee promoted to take the place of one entering
upon a military leave of absence may, upon reinstatement of such
employee, be returned to his/her previous position and salary
but at not less than the current minimum for that position. The
period of such service in the higher position shall be credited
to the experience rating of the employee both in respect to the
stated previous position, and in respect to the higher
classification in the event that he/she shall subsequently be
promoted permanently to that classification. (e)
An employee hired as a replacement for one entering upon
a military leave of absence hereunder shall be covered by all
the provisions of this contract, except this military service
clause. (f)
Employees hired as replacements or promoted to take the
place of a person entering military service or on leave of
absence hereunder shall be given written notice to that effect
at the time of employment or promotion, and a copy of such
notice shall be sent to the Guild. (g)
Leaves of absence shall be granted to employees for their
annual active training or summer camp with the National Guard,
Army, Navy, Marine Corps, Coast Guard and Air Force Reserve.
This active duty shall be in addition to the regular vacation
period to which the employee is entitled each year. (h)
Time spent in military service, as defined in Section (a)
shall be considered service time with the Company in computing
experience rating. This section shall apply only to employees
with six months or more service with the Company before entering
military service. (i)
An employee who is required to leave his/her position to
serve in the United States military or related services, or who
enlists for one term of enlistment, shall be paid four (4)
weeks’ military leave pay. (j)
This contract clause is not intended to supersede any
rights provided to employees under the Uniformed Services
Employment and Reemployment Rights Act of 1994 (“USERRA”).
In the case
where the benefits provided herein exceed those provided under
USERRA, then the contract shall prevail.
However, in cases where the benefits provided under
USERRA exceed those provided herein, then USERRA shall prevail. ARTICLE
XXI — HEALTH and LIFE INSURANCE
(a)
From the execution of this Agreement through February 28, 2007,
the Employer agrees to maintain the existing health and life
insurance program insofar as coverage, eligibility, benefits and
conversion privileges are concerned. The
Company shall pay the full cost of such program through
February 28, 2007. (b)
As of March 1, 2007, employees shall be covered by the
California Newspaper Partnership’s (“CNP”) medical, dental,
vision, life, long term disability and flexible spending plans
under the same terms and conditions, eligibility requirements,
and at the same costs and contribution rates as apply to
non-represented employees at the Company
(c)
The Company reserves the right to modify, amend, or
terminate the plans referred to in subparagraph (b) above, in
whole or in part, at the sole discretion of the Company,
including but not limited to plan design, eligibility
requirements, coverage options, and the percentage and amount of
the employee/Company contribution
so long as any such changes are also applicable to other
non-represented employees of the Company. (d)
Notwithstanding anything set forth in subparagraphs (b)
and (c) above, the parties agree that:
1.
During the term of this Agreement, the percentage of
employee contributions shall remain same as set forth in
Appendix A to this Agreement. 2. Eligible employees who have retired
prior to or on December 31, 2006 shall be entitled to receive
retiree health benefits until the age of sixty-five by paying
100% of the premium cost, and otherwise consistent with the plan
guidelines in effect prior to the execution of this Agreement.
Employees who retire after December 31, 2006 shall not be
eligible for retiree health benefits.
ARTICLE XXII — RETIREMENT PLAN
(b)
Effective , March 1, 2007, or as soon as practicable
thereafter, The San Jose Mercury News, Inc. Amended Retirement
Plan Covering Employees Represented by the San Jose Newspaper
Guild (hereinafter referred to as “the Mercury News Pension
Plan”), as restated effective January 1, 2001, and subsequently
amended January 1, 2005, shall be frozen with respect to future
benefit accruals and participation including, but not limited
to, future benefit accruals related to service and earnings on
or after March 1, 2007.
Employees covered by this Agreement who are not already
participants in the Mercury News Pension Plan as of
, February 28, 2007, shall not be eligible to participate
in the Mercury News Pension Plan.
Participants in the Mercury News Pension Plan shall be
eligible to continue to accrue service for purposes of vesting
under the Mercury News Pension Plan in accordance with the terms
of the Mercury News Pension Plan.
Participants in the Mercury News Pension Plan shall be
eligible to receive payment of their benefits accrued prior to
March 1, 2007 in accordance with the terms of the Mercury News
Pension Plan.
(c)
The Mercury News Pension Plan shall be responsible for
providing all plan benefits to eligible employees.
(d)
The Company reserves the right to modify, amend, or terminate
the Pension Plan, in whole or in part at the sole discretion of
the Company. (e)
The parties further agree that the calculation and
payment of benefits shall be based entirely upon the terms and
conditions of the Mercury News Pension Plan.
The parties shall not look to or rely upon the terms and
conditions of the San Francisco Media Guild Retirement Plan or
any party’s interpretation thereof when determining the
eligibility for, or the accrual, calculation, vesting and/or
payment of pension/retirement benefits.
(f)
Any
administrative or plan interpretation issues and/or disputes not
expressly covered under the terms of the Mercury News Pension
Plan shall be resolved at the sole discretion of the Mercury
News Pension Plan’s Administrative Committee, without resort to
the grievance and arbitration procedures set forth in Article
XVII of the collective bargaining agreement.
ARTICLE
XXIII — MISCELLANEOUS (a)
Byline, Credit Line. An employee’s byline or
credit line shall not be used over the employee’s protest.
Editing changes made in bylined copy that substantially alter
the meaning of the story will be brought to the attention of the
employee before publication whenever practicable. An employee
whose person is mentioned in a letter to the editor shall be
informed of such letter before it is published, subject to the
availability of the employee. No retraction or formal correction
of printed material will be made without prior consultation with
the employee concerned, subject to availability of that
individual. (b)
Bulletin Boards. The Company agrees to provide
bulletin boards suitably placed in all departments and the
Peninsula, Alameda, West and San Francisco offices for use of
the Guild. (c)
Sale of Employee’s Product. When the Company sells
for profit the product of any employee for outside publication,
a mutually agreeable percentage of net return therefrom shall be
paid to the employee, and such payment shall be in addition to
his/her regular salary. (d)
Vehicle Safety. Reasonable standards of safety
shall be maintained for Company vehicles used by employees. All
company vehicles that an employee is required to drive in the
business of the Company shall be equipped with approved seat
belts for the driver and for the front seat passenger, at the
Company’s expense. (e)
Residency. There shall be no residency requirement
of or for employees covered by this contract. (f)
Office Conditions. The Company agrees to furnish a
sufficiently ventilated, properly heated/air conditioned, and
well-lighted working place, in accordance with local, state and
federal requirements. (g)
Limitation of Apprentices. Of the employees coming
under the editorial and advertising wage classification, not
more than twenty (20) percent shall receive wages less than the
minimum for two years’ experience. (h)
401k Plan.
Effective March 1, 2007, the Company will provide Guild
represented employees with a 401 (k) plan with an equal Company
match to that provided to non-represented employees as of the
execution of this Agreement.
The Company reserves the exclusive right to amend, modify
or terminate the 401 (k) plan, including the right to prescribe
eligibility requirements for the plan, so long as the action
taken is comparable to that taken with respect to the plan
covering other non-bargaining unit employees.
The Company further reserves the right to change the
basis for and/or the amount of the contributions it makes for
bargaining unit employees to the Company’s 401 (k) so long as
the change is comparable to that taken with respect to
non-bargaining unit employees eligible to participate in the
Company’s plan covering such employees. (i)
Long-Term Disability. The Company shall continue
to process the appropriate payroll deductions for employees
enrolled in the Guild’s Long-Term Disability Plan as long as the
Guild maintains the plan. ARTICLE
XXIV — HAZARDOUS DUTY The
Company shall continue in effect, for all employees when engaged
in hazardous duty for the Company, income continuation insurance
that pays to an employee injured or disabled while engaged in
hazardous duty for the Company 70% of his/her salary, but not
exceeding $600.00 a week, for a maximum of 52 weeks, such
payment to begin with the first day of injury and to be without
a waiting period. The above income continuation insurance shall
be in addition to all other insurance or other benefits derived
from this contract. The combined payments may not exceed the
employee’s salary, but will be independent of and have no effect
on the employee’s sick leave bank, if any. ARTICLE
XXV — JURY DUTY (a)
An employee with at least one year of employment required
to report for jury service on a day when he/she normally would
have been scheduled to work any shift shall be paid for a
maximum of thirty (30) days of such jury service in a calendar
year at his/her regular straight-time shift’s pay minus any pay
received as such juror. (b)
Such employee’s position need not be filled except at
the option of the Company. (c)
To be eligible for such payment, the employee must inform
his/her department head in writing of the call to jury service
within twenty-four (24) hours of receipt of the official
notification (if the notification is received on a Friday then
such written notice will not be required; however, the employee
will inform his/her department head promptly on the Monday
following by telephone or otherwise), and then must furnish
his/her department head a statement of jury service from the
Clerk of the Court. (d)
Additional jury duty pay in excess of 30 days shall be
granted by the Company where economic hardship and similar
factors indicate additional jury duty pay is warranted. (e)
Employees will not be required to report for work on days
they are required to report for
jury service. However, an employee who normally works day
shifts may be required, at the supervisor’s option, to complete
his/her regular shift if released from further jury duty before
the end of that shift.
ARTICLE XXVI — PROMOTION OPPORTUNITIES (a)
Before new employees are hired for positions covered by
this contract the Company agrees to give preference in filling
the vacancy to present employees who possess the necessary
qualifications to meet the Company’s requirements, which shall
include the factor of seniority, for the job vacancy. The
Company shall be the judge of qualifications, but will not be
capricious in exercising that judgment. (b)
The above does not apply to lateral job moves or
transfers, as stated in the 7/6/77 decision of arbitrator Morris
Myers. (c)
Notice of each vacancy, with a description of the work
involved, shall be posted on appropriate bulletin boards and
mailed to the Guild. The notice shall be posted for not less
than five (5) days excluding weekends and holidays. (d)
The Company shall at any time receive an application from
present employees for promotion and transfer. ARTICLE
XXVII — COMPUTER TERMINALS (a)
CRT Testing. The Company shall provide the
Guild with results of tests conducted at least once every six
months for the purpose of (a) determining whether CRTs or other
related devices are emitting harmful or potentially harmful
radiation and (b) determining whether CRTs or other related
devices are improperly tuned or focused to a degree directly
causing undue employee eyestrain or fatigue. Such tests shall be
conducted and reported after a CRT has been moved or maintained
in place. (b)
Workstations. For persons required to use
computers on a regular basis, the Company shall provide
workstations that are designed to prevent injury and illness and
shall provide adjustable chairs. Where needed, the Company shall
also provide track balls, footrests, wrist rests, document
holders, devices for height adjustment of computer equipment,
and telephone headsets for jobs that require simultaneous
computer and telephone use. (c)
Room Lighting. The Company will provide lighting
conditions to accommodate computers in use. (d)
Glare Shields. The Company will furnish glare
shields, upon request, to employees required to use CRTs on a
regular basis. (e)
Eye Glasses. If an employee is required by his/her
doctor to wear special glasses, for the sole purpose of working
on a computer, the Company shall provide such glasses. (f)
Consultation with Guild. Before the introduction
or replacement of computers, the Company shall consult with the
Guild on the design of the equipment. Nothing in this subsection
shall restrict or impair the right of the Company to install
such new equipment, after consultation. (g)
Training Program. The Company shall maintain a
training program designed to inform all current and new computer
users of: 1) potential musculoskeletal problems associated with
improper VDT use, 2) the importance of appropriately timed
computer work breaks to prevent musculoskeletal problems, and 3)
the proper adjustment of the workstation to prevent
musculoskeletal problems including hands-on training in
adjusting workstations. Upon request, a person trained in
ergonomics shall visit and evaluate individual workstations and
shall advise and/or train each employee on how to properly use
his/her workstation. ARTICLE
XXVIII — NO STRIKE/NO LOCKOUT The
Guild and employees agree not to engage in any walk-out, strike,
slow down or boycott against the Company or in sympathy to
another Guild or local or aid or encourage, directly or
indirectly, such practices against the Company during the life
of this Agreement. The Company agrees that it will not engage in a lock-out of any
employees during the term of this Agreement.
This provision is not intended to nor should it be
construed as waiving any rights that individual employees
possess under Section 7 of the National Labor Relations Act
other than that stated above.
ARTICLE
XXIX — DURATION and RENEWAL (a)
This contract shall be effective from December 19, 2006
to and including October 31, 2008. (b)
At any time within ninety (90) days immediately prior to
the termination of the contract, the Company and the Guild may
initiate negotiations for the new contract, to take effect at
the expiration of the present contract. The terms and conditions
of this contract shall remain in effect during negotiations. IN
WITNESS WHEREOF, the said parties by their representatives duly
authorized to act have hereunto set their hands and seals this
19th day of December, 2006.
SAN
JOSE MERCURY NEWS, INC. Publisher of The San Jose Mercury News ______________________ ______________________
SAN
JOSE NEWSPAPER GUIL ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
The
above affixed signatures also apply to the following attached
Memorandums of Agreement entitled: Janitorial Jurisdiction,
Freelance Material, Extra Job Differentials, Temporary Weekly
Zone Edition Reporters, Commission Sales Employees,
Telemarketing Sales Employees, and the joint union Memorandum of
Understanding on drug testing. MEMORANDUM
of AGREEMENT
(Janitorial Jurisdiction) It is
hereby agreed by and between San Jose Mercury News, Inc., and
the San Jose Newspaper Guild that the language in the Preamble
of the contract concerning “janitorial departments” shall be
interpreted as follows: The
Guild’s janitorial jurisdiction is confined to the inside of the
building itself. By
way of example, janitorial employees will not have jurisdiction
of work to be performed in the moat. Jurisdiction will continue
in the pressroom and the mailroom on the day and night shifts.
This will include the operation of the baler in the pressroom on
both day and night shifts. Jurisdiction on the day shift only will continue in the
composing/platemaking area, administration, the rest rooms, and
the cafeteria. The
janitorial subcontractor will continue to clean the cafeteria
and the rest rooms on the night shifts. The subcontractor will
also be able to start at 4:00 p.m. in cleaning the pressmen
shower/locker room. MEMORANDUM
of AGREEMENT
(Freelance Material) It is
hereby agreed by and between San Jose Mercury News, Inc., and
the San Jose Newspaper Guild that performance of bargaining unit
work by bargaining unit members on a voluntary, piece-rate basis
shall be permitted only in weekly sections of the newspaper.
Such work may, in special circumstances, be used occasionally in
other sections provided there is prior agreement in a timely
manner between the Company and the Guild. Such work may consist
of written material, photographs or graphics. A
bargaining unit member may not provide material on a piece-rate
basis to the section or sub-department where he or she is
normally assigned to work. MEMORANDUM
of AGREEMENT
(Extra Job Differentials) The
following positions are all subject to a job differential of up
to $15 per shift that may be applied at the time the employee
assumes the position and removed by the Company should the
individuals occupying these positions opt to no longer perform
the job in question. Such differentials are in addition to those
enumerated in Sections (c) through (f) of Article IV. NEWSROOM Assistant Department Heads (limited to one each from the city
desk, national/foreign desk, features, business, sports,
editorial art, graphics desk) Assistant Bureau Chiefs (limited to one per bureau) Managing Editor of Sunday Magazine Sports
Beat Reporters (limited to professional Major League baseball,
football, basketball, hockey, soccer) ADVERTISING Advertising Art Production Manager Marketing Analysts For
the above to apply, the Company must notify the Guild in writing
the amount of the job differential being applied at the time the
position is first occupied. Otherwise, the above will not apply. MEMORANDUM
of AGREEMENT
(Temporary Weekly Zone Edition
Reporters)
Because of the Company’s desire to increase the
competitive position and productivity of its weekly zoned
editions, the Guild agrees to the following experimental
program:
1.
The Company may hire up to three (3) FTE (full-time
equivalent) temporary reporters and/or copy editors to work
exclusively on a designated weekly zoned edition, in an office
separate from the main plant.
2.
These temporary employees will be paid at the beginning
contract scale for reporters and move to the next step based on
actual experience (equivalent to one year).
3.
Two years after date of hire, the temporary employment
will end — either by termination or permanent employee status.
If the latter, the employee will be credited with all actual
experience and placed on the appropriate step of the pay scale.
4.
Other than the special temporary employment period and
experience credit during the two years, these employees will be
covered by all provisions of the labor contract.
5.
The beginning date of this weekly zone edition experiment
will begin when the Company hires the first of the new employees
under the new contract. Two (2) years thereafter, the parties
shall meet to mutually assess the program and, if necessary,
make a determination as to whether it should be extended and/or
amended. MEMORANDUM
of AGREEMENT
(Commission Sales Employees) It is
hereby agreed by and between the San Jose Mercury News, Inc.,
and the San Jose Newspaper Guild that the following shall apply
to retail, general and classified display advertising
commission-only sales employees: 1.
The Company may create up to twenty four (24) such
positions, provided the ratio of salaried outside sales
employees to commission-only employees is at least 3 to 1, for
the sole purpose of developing new business. (a)
These employees are to be covered by all provisions of
the Contract, except Article IV (Minimum Salaries), Article X
(Hours), and Section (e) of Article XIV. The probationary period
for commission-only sales employees shall be six months. (b)
Whenever the number of salaried staff falls below the
ratio, the Company shall have up to three (3) months to fill the
vacancies necessary to reach the required ratio. 2.
Notice of the positions shall be posted under the terms
of Article XXVI. Current employees who elect to apply shall have
the option of returning to their former salaried positions
within ninety (90) days. No current employee shall be
transferred to a commission-only sales position without the
employee’s consent. 3.
Without permission in writing from the Company,
concerning “dormant” accounts, commission sales employees shall
be permitted to solicit only new advertising business; defined
as display advertising accounts which have not been active in
the Mercury News for six (6) months. A “dormant” account is one
in which revenue for the past twelve (12) months has been less
than $12,000 and has not been active for three (3) consecutive
months and is behind the previous year on a year-to-year basis.
It is the intent that such employees shall not infringe
on the accounts of salaried sales staff, including accounts new
to a territory for the first 30 days. (a)
Retail and General Advertising. A retail
account becomes new to a territory when the store opens its
doors for business. (b)
Classified Real Estate Advertising. A real
estate account becomes new to an assigned geographic territory
when a sign announcing a forthcoming development is placed on
the property, or a salaried salesperson is given a Business
Extension Bureau Report (BEBR) which lists the development —
whichever comes first.
(i)
The term “account” for purposes of real estate is
understood to mean “developer” and not “development.” An
agreed-to list of protected developer accounts will be made
available to all real estate salespersons.
(ii)
Commission-only salespersons shall not solicit real
estate advertising within Santa Clara County. (c)
Lead Rules. The leads policy in effect January 1,
1995 in retail advertising shall be incorporated by reference,
and apply equally to retail and outside classified sales. It
shall be distributed annually, or upon individual request,
and be enforced equitably by advertising management. 4.
In consultation with the Guild, the Company shall
maintain protected account lists which shall be made accessible
to all salespersons within their respective departments
and to The Newspaper Guild and updated at least monthly. Accounts
shall be identified as belonging to “salaried” and
“commission-only” employees. A salesperson’s list of protected
accounts shall include all active accounts (those that have
advertised within the last 6 months and seasonal advertisers) as
well as non-active account leads that have been targeted by the
salesperson for new business. Once an account is taken off the
protected list, it shall be opened to both salaried and
commission-only salespersons to pursue for advertising.
The protected account
list shall be listed alphabetically by both account and by
salesperson. A separate list shall be provided to salespersons
and The Newspaper Guild listing the date of the first
advertisement and the revenue within the previous 12 months for
each account handled by a commission-only outside sales employee. 5.
Once a new account becomes regular, it shall be turned
over to a member of the salaried sales staff who shall continue
to sell and service the account.
A new account becomes
"regular"
when the dollar volume
of the account reaches $60,000 in any 12-month period after the
first insertion order.
If it does not reach this amount in the first 12-month
period, successive 12-month periods begin until the dollar
volume of that account exceeds $60,000 at the end of any
succeeding 12-month period. Voluntary new accounts and
new-account leads (over the transom) shall be assigned to
salaried staff. The Company shall furnish all salespersons
and the Guild a
monthly list of all accounts in their respective departments
that have been transferred from commission-only salespersons to
salaried staff. 6.
The Company shall determine the commission structure. The
Company shall provide to the Guild monthly the gross earnings of
each commission-only salesperson for each and every month. The
Company may establish and/or change goals. 7.
For the purposes of establishing a weekly income for
holidays, vacation, sick leave and 1A (lump sum) pension
benefit, the pay shall not fall below the minimum nor exceed the
maximum for actual years of experience for contractual weekly
scales set forth for outside advertising sales employees in
Article IV. 8.
Execution of this memorandum shall not result in any
layoff of salaried sales staff. In applying Article XIV
(Security), Section (j), commission-only salespersons shall be
considered to be in the same classification as salaried sales
staff 9.
For the first six months of employment, the commission
only salesperson will have supplemental pay that begins with the
appropriate experience level of pay for outside sales people, or
the sales commission earned, whichever is higher. MEMORANDUM
of AGREEMENT
(Telemarketing Sales
Employees) The
San Jose Mercury News and the San Jose Newspaper Guild agree to
the following telemarketing program for the sale of retail,
general and classified display advertising: 1.
The Company may create up to eight (8) such positions for
the purpose of developing and maintaining non-traditional and
underrepresented newspaper advertising accounts. 2.
The probationary period for telemarketing employees shall
be six (6) months. 3.
Notice of the positions shall be posted under the terms
of Article XXVI. No employee shall be transferred to a
telemarketing sales position without the employee’s consent. 4.
Telemarketers shall be permitted to solicit display
advertising accounts which have not been active in the Mercury
News for six (6) months and accounts that have never advertised.
It is the intent that such employees shall not infringe on the
accounts of the retail, general and classified sales staffs —
especially those on the protected account lists, which include
all active accounts (those that have advertised within the last
6 months and seasonal advertisers) as well as non-active account
leads that have been entered on the protected account list by a
salesperson for new business. 5.
Telemarketers shall receive a base pay of $476.79 per
week, subject to the regular contractual percentage scale
increases. In addition, they shall receive no less than three
(3) percent of net revenue on all sales as an incentive,
including accounts that they keep and maintain. 6.
For the purposes of holidays, vacation, sick leave, and
severance pay or 1A (lump sum) pension benefit, the pay shall
not fall below the minimum nor exceed the maximum for actual
years of experience for contractual weekly scales set forth for
Inside Classified advertising sales employees in Article IV. 7.
The Company shall provide to the Guild monthly the gross
incentive earnings of each telemarketing salesperson for each
and every month. 8.
The beginning date of the telemarketing program shall be
considered to be May 1, 1995. Six months thereafter (11-1-95),
the parties shall meet to discuss the program’s progress and to
make adjustments where necessary to correct problems, if any.
Six months thereafter (5-1-96), the parties shall meet to
mutually assess the program and adjust the base pay and/or
incentive plan, if necessary. 9.
Execution of this memorandum shall not result in any
layoff of retail, general and classified sales staffs. 10.
This memorandum is an integral part of the Contract and
is subject to all provisions therein except where specifically
stated otherwise in this MOA.
MEMORANDUM
of UNDERSTANDING
(Between Conference of
Newspaper Unions/Mercury News) The
parties agree that all applicants for employment for any
position covered by any Agreement may be tested for drugs and/or
alcohol. The
parties agree that the collection site will be instructed to
follow the Department of Transportation (“DOT”) collection
procedures (49 C.F.R. @@ 40.27-40.31). The
parties further agree that a positive test result in a
pre-employment situation is the basis for rejection of the
applicant. APPENDIX A
to San Jose Mercury News/San Jose Newspaper Guild
Contract
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