Agreement between Fox Valley Publications, Inc. (The Herald-News) and The Chicago Newspaper Guild Local 34071, The Newspaper Guild/CW A July 1 ...
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' f
Agreement
between
Fox Valley Publications, Inc.
(The Herald-News)
and
The Chicago Newspaper Guild
Local 34071, The Newspaper Guild/CW A
July 1, 2007
through
June 30, 2010TABLE OF CONTENTS
ARTICLE 1: Maintenance of Membership ...................................... . 3
ARTICLE II: Recognition 3
ARTICLE III: Temporary and Part-Time Help ................................ . 4
ARTICLE IV: Hours 6
ARTICLE V: Wages............................................................................. 7
ARTICLE VI: Experience Definition................................................... 9
ARTICLE VII: Insurance and Pension................................................. 9
ARTICLE VIII: Holidays......................................................................... 10
ARTICLE IX: Vacations....................................................................... 11
ARTJCL~: X: Sick l,eave...................................................................... 11
Al{TJ(~LE XI: l.,eaves ............................................................................ 12
ARTICLE XII: Expenses and Equipment............................................. 13
ARTCLE XJH Gr·ievance and Arbitration.......................................... 13
ARTICLE XIV Sectn·ity .......................................................................... 14
AHTICLE XV: Dismissal Pay................................................................ 16
ARTICLE XVI: Information................................................................... 17
ARTICLE XVII: Dues Deduction............................................................. 17
ARTICLE XVIII: Miscellaneous................................................................ 19
ARTICLE XIX: Management Rights...................................................... 20
ARTICLE XX: Duration and Renewal........................................... 21
Letter of Agreement re: Online Work Assignment............................ 22
Letter of Agreement re: Graphic Artists/Central Design Desk............. 23
Memorandum of Agreement (New Media) . . . . . . . . . . . .................... .......... 24
2AGREJ.;~MENT
AN AGREEMENT, made this~~ day of November, 2007, between Fox
Valley Publications, Inc., publisher of The Herald-News (hereinafter known as the
"Publisher"), and the Chicago Newspaper Ciuild, Local 34071, a local chartered by The
Newspaper Guild/CW A (hereinafter known as the "Guild") for itself and on behalf of all
the employees in the Editorial Department of the Publisher (as designated herein)
governing conditions of employment in the Editorial Department of the Publisher. The
Guild is to be recognized as the sole collective bargaining agent for the employees
designated in this Agreement.
If any provision of this Agreement is in contravention of any existing law, such
provision shall be void, a11d the remainder of this Agreement shall be valid.
WITNESSETH, in consideration of the covenants mutually hereinafter agreed to,
it is agreed between the Publisher and the Guild as follows:
ARTICLE L Maintenance of Membership
Employee in job classifications designated herein, excluding temporary
employees, arc required to join the Chicago Newspaper Guild no later than thirty (30)
clays after their employment dates or the date of this Agreement, whichever is later, and
as a condition of employment, are requir,~d to maintain their membership in the Chicago
Newspaper Guild in good standing for the duration of this Agreement.
ARTICLE II: Recognition
1. This Agreement covers all employees of the Publisher in the Editorial
Department of The Herald-News.
2. The following arc excluded from the application ofthis Agreement: Managing
Editor, City l~ditor, Senior News Editor, Regional News Editor, Associate
News Editor, Spmis Editor, Family Living Editor, Photography Editor and all
supervisors, managers and confidential employees as defined by the National
Labor Relations Act, as amended.
3. The jurisdiction of the Guild is that work presently performed by employees
within the unit covered by this Agreement, and work which may be assigned
by the Publisher to be performed by employees within the unit.
4. a. The Publisher may continue to assign non-bargaining unit supervisors and
managers to perform work within the jurisdiction of the Guild, in accordance
with past practice.
3b. The Publisher may continue to assign so-called "stringers" or independent
contractor correspondents and photographers to perform work within the
jurisdiction of the Guild, provided these individuals function as independent
contractors and not employees ofthe Publisher.
c. The assig1m1ent of occasional additional work to bargaining unit employees
which is outside of Guild jurisdiction shall not add to, subtract from, or
otherwise modify the jurisdiction ofthe Guild.
d. Nothing contained in Article II, Section 4 shall be constmed as either
modifying or giving the Publisher the right to modify either the definition of
the appropriate bargaining unit set fmih at Article II, Section 1 or the
definition ofthejurisdiction ofthe Guild as set fcnih at Article II, Section 3.
e. The Publisher may assign or reassign page design work and the pagination
of newspaper pages, which may have previously been assigned to Guild-
covered employees, to other employees of Fox Valley Publications, Inc., or
any of its subsidiaries or divisions.
ARTICLE III. Tempon1ry and Part-Time Help
1. The provisions of' this Agreement do not apply to temporary employees or
employees hired to fill vacancies occasioned by vacations or illness, or to do
extra work or various types of regular work when such employment continues
for less than ninety days. The ninety clay limit shall not apply when vacancy is
occasioned by maternity leave or other leaves of absence.
2. A part-time employee is one who is regularly scheduled to work thirty (30)
hours or less per week, averaged over a six (6) month period.
3. All provisions ofthis Agreement apply to part-time employees unless
otherwise indicated, except as modified below.
a. Part-time employees will receive a wage rate equal to 60{% of the rates
shown in the Schedule of Minimums for the employee's classification and
the employee's experience. A part-time employee shall advance in the
Schedule of Minimums at 60% ofthe rates shown based upon the number
of actual hours worked for the Publisher. Those part-time employees who
were employed on June 30, 1987, and the date of ratification of this
Agreement shall receive the hourly rates of pay in effect for each of them
on June 30, 1987, until such time as the Agreement rate for part-time
employees in their classifications shall exceed their rates. Thereafter these
employees shall receive the appropriate Agreement rate.
h. A1iicle VII applies only to those individuals who were receiving Article
VJI benefits on April 14, 1988. Pmi-time employees hired after that date
4are not eligible for Article VII benefits. Part-time employees may
purchase health insurance at the premium rate charged to the Publisher.
c. Article VIII applies only to the extent that if a part-time employee works
on a holiday he will be paid according to the provisions of Article VIII,
Section 1.
d. Article IX vacations apply on a pro-rata basis.
e. Article X and Article XI do not apply.
f. Article XIV, Section 4 and Section 6 do not apply.
4. Part-time employees will be considered to have seniority within their
classifications relative to each other, and shall not be considered to have
greater seniority than any full-time employee. Seniority shall be based upon
the employee's last date of hire.
5. The Publisher will not layoff an individual full-time employee, employed as
of December 10, 1992, in order to replace the full-time employee with a part-
time employee or employees doing the same quantity of work.
6. The Publisher retains the right to determine at all times the number of full-
time and part-time positions which comprise the newsroom.
7. The Publisher may employ interns for up to 180 days to work in the editorial
departrncnt and/or allow interns to work in the department in the following
manner:
a. All interns must be affiliated with and/or a participant in an internship
recognized by an accredited academic institution.
b. Interns working 90 days or less- the Publisher will determine the
employment status, wages and working conditions of the intern and they
will not be members of the bargaining unit.
c. 91- J 80 days maximum-~ the Publisher will pay no Jess than minimum
scale f(Jr the appropriate position classifications, and the intern shall be
covered by all the provisions of the Agreement except those listed below:
Article VJI -- Insurance and Pension
Article IX Vacations
Article X -~ Sick Leave
Article XI -- Leaves
A1ticlc XIV - Security
Article XV - Dismissal Pay
5d. The Publisher may unilaterally tem1inate any internship at his discretion.
e. The Publisher may have no more than two (2) interns at the Herald-News
at any given time.
8. a. Regular part-time employees who have completed two (2) years of service
with the Company will be entitled to receive twelve (12) hours of paid sick
leave per year.
b. Part-time employees will be granted funeral pay for one day to attend the
funeral of an immediate family member, should that day occur during a
scheduled work day.
c. Regular part-time employees may be granted a medical leave of absence for
non-job related disability or illness. All accrued but unused sick leave or
vacation will be paid until exhausted. Any FMLA leave for which the
employee may qualify may then be utilized. After these benefits have been
exhausted, the Publisher will determine the duration of the remaining leave,
on an unpaid basis.
d. Regular part-time employees will be granted military leave.
c. Part-time employees may quali/)' Cor FMLA if they meet the requirements
of the Act.
ARfiCLE IV. Hom·s
1. The work week shall consist of five (5) days each of seven and one-half (7-
l/2) hours, within eight and onc-half(8-1/2) consecutive hours. Time worked
in excess of seven and one-half(7-1/2) hours in any one (1) day, or in excess
of five (5) days in any one (1) week shall be overtime and paid for at the rate
of time and one-half.
2. a. Hours of work will be fixed by the Publisher or his representative and
posted seven (7) days prior to the week to which the schedule applies.
Schedules may be changed by mutual consent or changed by the Publisher in
the event of sickness or other emergency.
b. The Publisher will post hours of work fomiecn (14) clays prior to the week
to which the schedule applies, provided the Publisher retains the right to
modify the schedule within the limits of Section 2 (a).
3. Schedules shall provide for a period of ten (I 0) hours between shifts except if
such period would cause the next succeeding scheduled shift to end after 6:00
p.m.; in such case, a lesser time between shifts will be scheduled so that the
6next shift will end at 6:00 p.m. In no event, however, shall less than eight (8)
hours be scheduled between shifts.
4. Employees called to work on their days off shall be paid for a minimum of
seven and one-half (7-1/2) hours at a rate of time and one-half. However,
employees working on their off days and excused at their own request before
completing a full shift, shall be compensated for a minimum of five (5) hours
at the rate of time and one-half. This shall not apply to reporters who cover
night assignments on their regular beat on their day off. For such services,
time and one-half shall be paid for actual time spent on such assignments.
5. The Publisher shall cause a record of all overtime to be kept. Upon written
request by an authorized officer of the Chicago Newspaper Guild, within
seven (7) days of the end of any pay period, such record will be made
available to the Guild.
6. Employees whose regular working time falls between 6:30p.m. and 6:00a.m.
shall be considered working the night shift and shall receive a night
differential or $6.50 per seven and one-half (7 -112) hour shift.
ARTICLE V. Wages
1. The following minimum wages shall be in effect during the period of this
Agreement:
a. The Assistant City Editor shall receive a journeyman reporter's scale plus
$28.00 per week.
Effective January 1, 2004, the Assistant City Editor shall receive a
journeyman reporter's scale plus $30.00 per week (a $2.00 per week
increase).
b. The Telegraph Editor shall receive a journeyman reporter's scale plus
$18.00 per week.
Effective January 1, 2004, the Telegraph Editor shall receive a
journeyman reporter's scale plus $20.00 per week (a $2.00 per week
increase).
c. For work in a higher classification, employees will receive $2.50 per shift
when four (4) or less hours are worked, or $3.00 per shift when more than
four (4) hours are worked in a higher classification.
Effective January 1, 2004, for work in a higher classification, employees
will receive $2.50 per shift when four (4) or less hours are worked, or
7$4.00 per shift when more than four (4) hours arc worked in a higher
classification.
Effective January 1, 2005, for work in a higher classification, employees
will receive $2.50 per shift when four (4) or less hours are worked, or
$5.00 per shift when more than four (4) hours are worked in a higher
classification.
d. Reporters and Photographers:
401 (k)
Equivalent
Effective Effective Increase Effective
7/l/06 7/1/07 Eff. 6/22/08 6/28/09
4 or more years
expenence $974.98 $999.35 $I024.34 $1049.95
36-48 months experience $896.99 $919.41 $942.40 $965.96
24-36 months experience $828.74 $849.46 $870.69 $892.46
18-24 months experience $779.98 $799.48 $819.47 $839.95
I 2-18 months experience $711.75 $729.54 $747.78 $766.48
6-12 months experience $653.24 $669.57 $686.31 $703.47
0-6 months experience $()04.49 $619.60 $635.09 $650.97
c. Editorial Clerks, Typists:
401 (k)
Equivalent
Effective Effective Increase Effective
___7/l/O.Q 7/1/07 Efr
----- 6/22/08 ----6/28/09
--~------ -- -~--··---
3 or more years
cxpcnencc $488.56 $500.77 $5I3.29 $526.13
30-36 months experience $470.54 $482.30 $494.36 $506.72
24-30 months experience $452.41 $463.72 $475.31 $487.20
18-24 months experience $438.24 $449.20 $460.43 $471.94
12- I 8 months experience $424.61 $435.22 $446. I 1 $457.26
6-12 months experience $395.26 $405.14 $415.27 $425.65
0-6 months experience $376.75 $386.17 $395.82 $405.72
f. Librarian, Editorial Assistant:
401 (k)
Equivalent
Effective Effective Increase Effective
_71110~ 7/1/07 Eff. 6/22/08 6/28/09
3 or more years
expenencc $649.47 $665.71 $682.35 $699.41
830-36 months experience $620.53 $636.04 $651.94 $668.24
24-30 months experience $591.63 $606.42 $621.58 $637.12
18-24 months experience $560.07 $574.07 $588.42 $603.13
12-18 months experience $531.14 $544.42 $558.03 $571.98
6-12 months experience $502.22 $514.77 $527.65 $540.84
0-6 months experience $473.29 $485.12 $497.25 $509.68
2. Nothing in this Agreement shall prevent employees from bargaining individually for pay
increases in excess of the minimums established herein.
3. The Publisher agrees to give at least thirty (30) days notice before a bi-weekly pay period
would go into effect. Employees will be offered a direct deposit option providing their
financial institution will accept direct deposits. Pay dates to coincide with the beginning of
the payroll period when the Publisher moves to a bi-weekly payroll period.
ARTICLE VI. Experience Definition
In the application for the foregoing Schedule of Minimums, experience shall include all
employment in comparable work. Employees shall be classified as to job title and experience rating at
time of employment, transfer or promotion, and the Guild notified of such classification and job title, as
provided in Article XVI. Employees paid a salary above the minimum provided for their actual
experience shall receive experience ratings which conform to their salaries. Employees advancing
through the Schedule of Minimums shall receive the increases provided therein on each anniversary of
employment in their classifications, except that employees whose salaries fall between minimum
brackets shall have their experience rating increased accordingly and shall advance to the next
experience step-up in proportionately shorter time. The date of such earlier advancement shall become
an employee's anniversary date for subsequent step-up increases.
ARTICLE VII. Insurance and Pension
I. The Publisher agrees to make available to its employees, and the dependents of such
employees, the insurance plan which is in effect for all independent employees for hospital
care, physical, dental, life insurance, vision and major medical coverage.
The Publisher reserves the right to unilaterally modify, amend or substitute new plans, or
benefits at anytime without bargaining with the Union, so long as any unilateral
modification(s), amendment(s) or substitute plan(s) or benefits remain the same as those
provided to all other eligible participants.
Employee contributions for group insurance will be the same as independent employees
contributions.
2. Should the Chicago Newspaper Guild, Local34071, take over the administration of health,
dental, and eye care plans, the Publisher agrees to contribute an amount equal to the
Publisher's obligations to the current plan(s) towards the new plans).
9Should the Chicago Newspaper Guild, Local 34071, elect to take over the administration of
the health, dental, and eye care plan(s) the total obligation of the Publisher is to send the
agreed upon contribution and appropriate employee deduction to the Chicago Newspaper
Guild, Local 34071, selected health care provider(s).
The Chicago Newspaper Guild, Local 34071, agrees to give the Publisher at least sixty (60)
days prior notice in writing of its intent to take over the administration of the health, dental,
and eye care p1an(s).
3. Unit employees will be offered the same life insurance benefits offered to non-union
employees in accordance with the plan provisions, providers, carriers and plan
administrators.
4. During the term of this Agreement, the Publisher will continue to provide group life
insurance and AD&D benefits, and weekly disability benefits.
5. Full-time employees may choose to be covered by the Long Term Disability Insurance Plan,
in accordance with the terms of the Plan, by payment ofthe required premiums.
6. Age sixty-five (65) is the normal ;:md expected retirement age for all employees. The phrase
"normal and expected retirement age" shall not be interpreted to mean "mandatory".
7. In exchange f(lr deleting the requirement that the Publisher continue making a matching
contribution of three percent (3%) of the employee's salary to the Publisher's Pre-tax
J\clvantage Savings Plan System ("40 J (k) Plan"), it is agreed that:
Effective January 1, 2004, the Publisher will add the equivalent ofthe three percent (3%)
curren1ly being contributed by the Publisher to the employee's 401 (k) account (based on the
employee's current salary) to the employee's base salary in effect on January 1, 2004.
Al!ernatively, such amount may, at the employee's option, be allocated as the employee's
contribution to his/her Pre-Tax Advantage Savings System 401 (k) Plan.
ARTICLIworking on their birthdays. The birthday holiday may be taken in any week other than the
week in which it occurs by mutual agreement between the employee and the desk, on a first
come, first served basis.
ARTICLE IX. Vacations
1. Employees will be granted vacations with pay on the basis of the following schedule for
service prior to January 1 of the year in which their vacations are scheduled to be taken:
Service Vacation Credits Maximum
Employees hired within the first 6 months of a year will receive 2 weeks of vacation to be taken that
year. Any employee hired the last 6 months of the year will receive one week of vacation to be taken
that year.
1 year or more 1 day for each 26 days worked 10 days
3 years or more 1 day for each 16 days worked 15 days
10 years or more 1 clay for each 1 1 clays worked 20 days
25 years or more 1 day for each 8 days worked 25 days
2. The third, fourth and fifth weeks of vacation arc to be taken outside regular vacation period,
except by mutual agreement between Publisher and employee.
3. Vacations shall be allotted on the basis of seniority between May 15th and September 15t11 ,
except by agreement between the Publisher and the employee, as is the present practice.
4. Upon termination of employment, an employee, or the employee's estate in case of death,
shall receive the prorated accrued vacation pay.
ARTICLE X. Sick Leave
Sick leave with pay will be granted to all employees for a reasonable duration, in accordance
with past custom and practice, to a maximum of 26 weeks. Such benefits may be paid in whole or in part
by insurance policies held by the Publisher, or by Supplemental Pay policies ofthe Publisher. In the
event an illness exceeds the limits of such policies, a reasonable determination shall be made by the
Publisher as to whether to continue such benefits. It is the prerogative of the Publisher to require at the
time of employment a certificate of good health by a doctor or doctors designated by the Publisher.
In the event an employee has an illness that necessitates more than five consecutive sick clays,
the Publisher may require the employee to present a physician's verification of illness and incapacity
from working in order for sick pay to continue beyond the fifth consecutive day.
11Similarly, if the Publisher has a reasonable suspicion that there is an abuse of the sick pay plan,
for any period of time, the Publisher may request a physician's verification of illness and incapacity
from working prior to authorizing any sick pay. Any abuse of the sick pay plan may result in the
withholding of pay as well as other disciplinary action.
This Article shall not be applied in any way that would violate the Health Insurance Portability
and Accountability Act (I-liPPA).
ARTICLE XI. Leaves
1. Leaves of absence shall be granted for good and sufficient cause provided
vacations, illnesses, or lack of sufficient personnel do not make such leaves
impossible. Such leaves are not to be counted as service time when computing
dismissal pay or experience rating.
2. An employee elected to be a local delegate to the International Convention of
The Newspaper Guild shall be considered to have sufficient cause and shall be
granted a leave of absence not to exceed seven (7) working days.
3. Maternity leaves of absence of up to six (6) months without pay will be
granted upon request. No employee will be required to take a maternity leave.
Employees returning from maternity leave shall be reinstated to the
classification and pay step held prior to such leave.
The Publisher will allow one (1) week of unpaid paternity leave. The
Publisher will adhere to any State or Federal Laws applicable to the Herald-
News concerning paternity leave.
4. Employees shall receive up to three consecutive days paid leave upon request
for death occurring in the immediate family, one day of which shall be the day
of the funeral. The immediate family is defined as the employee's spouse,
children, parents, parents-in-law, brothers, sisters, grandparents and
grandchildren. For deaths in the family other than the immediate family, or
when travel or other conditions require a period longer than the three paid
days for death in the immediate family, the employee shall arrange with the
employee's supervisor for sufficient unpaid leave to attend the funeral.
5. If employees of the Publisher are required to enter military service, leaves of
absence and reinstatement rights will be in accordance with Federal
regulations.
6. The provisions of the above paragraph do not apply to employees hired to do
the work of the employees called into the military service.
12ARTICLE XII. Expenses and Equipment
1. a. The Publisher will pay all authorized expenses incuncd by the employees in
the service of the Publisher and will compensate those who use their
automobiles in the service of the Publisher. 'I11e rate of compensation will be
thirty cents (.30¢) per mile.
b. If during the term of this Agreement, the Publisher increases the standard
per mileage reimbursement rate for all other Herald-News employees, the
same adjustment will be made in the rate for mileage in section 1 (a).
2. The Publisher will agree to implement a cell phone policy for newsroom
employees who will be required to use cell phones no later than January 1,
2008.
3. Necessary working equipment shall be provided to employees and paid for by
the Publisher.
ARTICLE XIII. Grievance and Ar·bitration
1. A Standing Committee of not more than three persons designated by the Guild
is to be established to settle amicably with the Publisher or his authorized
representative any question arising fi·om the application of this Agreement,
including any issue arising because of a work stoppage which occurs during
the life of this Agreement except that disagreements concerning the wages,
benefits and terms and conditions of employment for newly added employees
shall not be subject to the grievance and arbitration provisions of this Article.
(This exception will not apply to "newly hired" employees). The Publisher or
his authorized representative agrees to meet with the (:Juilcl Committee within
Jive days after receipt of a written statement of dispute or grievance brief1y
setting forth the facts giving rise to the grievance, the grounds ofthe
complaint, and the action sought; provided, such written statement is received
by the Publisher or his authorized representative within ninety clays following
the date of occurrence upon which the grievance is based.
2. If the Standing Committee and the Publisher or his authorized representative
do not reach a mutual agreement within thirty days (this time may be extended
by mutual agreement) from the elate of its first consideration, either Party may,
in writing, refer the dispute to arbitration.
3. The Parties will request the Federal Mediation and Conciliation Service (so
long as it is practical to do so) to submit a panel of seven qualified arbitrators.
The arbitrator shall be selected by alternately striking names from the panel.
The first Party to strike shall be detennined by lot. Both Parties shall have the
right to reject one complete panel before either Party strikes, and, if a panel is
n;jectcd by either Party, another panel will be requested. The striking
I3procedure shall be the same whether working from the first, second, or third
panel submitted. The name remaining after both Parties have stmck three
names shall be the name of the impartial arbitrator. In the event it becomes
impractical for the F.M.C.S. to supply panels of qualified arbitrators, the
Parties will request panels from the American Arbitration Association, in
accordance with the rules of the A.A.A.
4. The decision of the arbitrator shall be binding upon the Parties and all
employees covered by the Agreement.
5. The Parties agree that there shall be no strike or lockout during the term of
this Agreement over any matter subject to arbitration.
6. Conditions prevailing prior to the time a grievance arises shall not be changed
pending final settlement ofthc grievance as herein provided. This shall not
apply to discharge cases and it is understood that if any award for back pay
shall be made, such reimbursement shall not exceed the amount the employee
would have been paid by the newspaper if the employee had continued in its
employ, and the arbitrator shall take into consideration whether a deduction
shall be made for any amounts the employee meanwhile may have3. As early as possible, but not less than two (2) weeks in advance of dismissal
to reduce the force, the Publisher will notify the Guild so there may be
consultation for the purpose of considering possible means by which the
hardship of such dismissal may be alleviated.
4. An employee dismissed to reduce the force will be placed on a preferential
hiring list and will be offered re-employment before new employees are hired
for positions covered by this Agreement. Re-employment will be offered for
work only in classifications in which the employee involved had experience
prior to dismissal to reduce the force. Offers of re-employment must be
accepted within ten (1 0) calendar days following the date of offer (copy of
which will be sent to the Guild), and if not accepted, the employee forfeits
preferential hiring list status. Employees names will remain on the preferential
hiring list for a period of twelve (12) months after the effective date of
dismissal to reduce the force. An employee rehired during the twelve (12)
month period during which his name is on the preferential hiring list will
retain his original date of hire, however, the period during which he was
absent from work because of dismissal to reduce the force will not be counted
in computing vacation pay or eligibility, dismissal pay, experience for wage
progression purposes, or other benefits based on length of service. Employees
placed on the preferential hiring list shall be rehired by classification in
reverse order of their dismissals.
5. Tn the event of dismissal for just and sufllcicnt cause, the employee will
receive within seventy-two (72) hours a written notice from the Publisher
stating the cause for dismissal.
6. J\n employee shall receive two (2) weeks notice in the event of dismissal
except when dismissal is for gross misconduct The reason for dismissal will
be stated in writing with a copy to the Guild. At the discretion ofthc
Publisher, two (2) weeks pay in lieu of dismissal notice may be given.
7. In the event there is an excess in staff in any classification, the Publisher will
post a notice for not less than two weeks, offering voluntary resignations with
severance pay for employees in that classification. The Publisher also may
offer an additional payment over and above severance pay. Interested
employees may indic1. Reporter, Assistant City Editor, Assistant Family Living Editor
2. Photographer
3. Editorial Clerks and Typists
In the event such involuntary reductions are necessary, temporary employees
(if any) shall be laid offfirst by inverse seniority within the affected
classifications described above. Part-time employees (if any) shall be the next
laid off by inverse seniority within the affected classifications described
above. Regular full-time employees will then be laid off by inverse seniority
within the affected classifications described above.
Any employee laid off from a classification who has been promoted or
transferred from another classification or who possesses adequate previous
experience or training to perform work in another classification, may "bump"
into that classification, if there is another employee with less company
seniority in that classification. Upon bumping into that classification, the
employee shall be placed on that classification seniority list according to the
employee's company seniority. The least senior employee will be bumped
from that classification and subsequently laid off, or may exercise similar
bumping rights ifthe employee meets the qualifications of this section.
8. a. Whenever new processes or equipment will result in a reduction in force,
other than by attrition, the Publisher agrees to notify the Guild three (3)
months prior to the introduction of the new processes and equipment;
provided that nothing in this Article shall be deemed to limit or delay in any
way the installation of such changes or improvements by the Publisher.
b. It is the intent of the Publisher not to discharge any employees with more
than five (5) years continuous service as a result of such changes; however,
any affected employee who is not re-trainable for a useful and needed position
in the bargaining unit may be dismissed. Any issue as to an affected
employee's ability to be retrained will be subject to the arbitration procedure.
9. No employee shall be transferred by the Publisher to work in another city
without the mutual agreement of the Parties.
10. There shall be no discharges as a result of putting this Agreement into effect.
ARTICLE XV. Dismissal Pay
When a full-time employee with more than six (6) months continuous service
with the Publisher is dismissed for any reason other than just and sufficient cause, or
failure to maintain good standing in the Union, he shall be paid, in addition to the wages
otherwise due him, two (2) weeks pay for each year of continuous service with the
Publisher. The maximum of such dismissal pay shall not exceed an amount equivalent to
twenty-six (26) weeks straight time pay. Dismissal compensation is to be computed at the
16employee's weekly rate of pay as shown in Article V, at the time of dismissal. The
maximum dismissal pay for employees on the payroll July 28, 1988, is thirty-six (36)
weeks.
ARTICLE XVI. Information
1. The Publisher shall supply to the Guild, on \Vritten request from an authorized
officer of the Chicago Newspaper Guild, Local 34071, a list containing the
following information for all employees covered by this Agreement: Name,
Address, Sex, Date of Birth, Date of Hire, Classification, Salary, Experience
Rating, EEOC Classification, Social Security Number or other forms of
compensation.
2. The Publisher shall notifY the Guild of any merit increase for an employee
covered by this Agreement.
3. Within thirty (30) days of the hiring of a new employee for a classification
designated in this Agreement, the Publisher will furnish the Guild with the
data specified in paragraph 1 of this Article.
ARTICLE XVII. Dues Deduction
1. Upon an employee's voluntary written assignment, the Employer shall deduct
weekly from the weekly earnings of such employee and pay to the Guild not
later than the 10111 day of each month all Guild membership dues. Such
membership dues shall be deducted from the employee's earnings in
accordance with the Guild's schedule of rates furnished the Employer by the
Guild. Such schedule may be amended by the Guild at any time. An
employee's voluntary written assignment shall remain effective in accordance
with the terms of such assignment.
2. The dues deduction assignment shall be made upon the following form:
17ASSIGNMENT AND AUTHORIZATION
TO DEDUCT GUILD MEMBERSHIP DUES
To The Herald-News:
I hereby assign to the Chicago Newspaper Guild, Local34071, and authorize the
Publisher to deduct weekly from any salary earned or to be earned by me as an
employee, an amount equal to all my Guild membership dues, as certified by the
Treasurer of the Chicago Newspaper Guild starting in the first week in the month
following the date of this assignment. I further authorize and request the Publisher to
remit the amount deducted to the Chicago Newspaper Guild not later than the lOth day of
each month.
This assignment and authorization shall remain in effect until revoked by me, but
shall be irrevocable for a period of one year from the date appearing below or until the
termination of the Agreement between yourself and the Guild, whichever occurs sooner.
I further agree and direct that this Agreement and authorization shall be continued
automatically and shall be irrevocable for successive periods of one year each or for the
period of each succeeding applicable Agreement between the Publisher and the Guild,
whichever period shall be shorter, unless written notice of its revocation is given by me
to the Publisher and to the Guild by registered mail not more than thirty (30) days and
not less than fifteen (I 5) days prior to the expiration of each period of one year, or of
each applicable contract between the Publisher and the Guild, whichever occurs sooner.
Such notice of revocation shall become effective for the calendar month following the
calendar month in which the Publisher receives it.
This assignment and authorization supersedes all previous assignments and
authorizations heretofore given by me in relation to my Guild membership dues.
Employee's Signature
Date
18ARTICLE XVIII. Miscellaneous
1. The Publisher will not have or enter into any agreement with any other
publisher binding such other publisher not to offer or give employment to
employees of the Publisher.
2. All news stories, photographs, articles, or any other work of any description,
produced by employees during the hours of employment herein provided,
shall become the property of the Publisher.
3. The employees ofthe Publisher shall be free to engage in any activities
outside of working hours, provided such activities do not conflict with their
duties as employees, or consist of services performed in direct competition
with the Publisher; and provided further, that without permission, employees
shall not exploit their connection with the Publisher in the course of such
activities.
4. The Guild shall have the right to post bulletins and notices in the Editorial
Department on the premises of the Publisher.
5. There shall be no discrimination against employees because of their
membership or activities in the Guild. There shall be no interference or
attempt to interfere with the operation of the Guild. The Publisher and the
Guild further agree that they adhere to a policy that no applicant or employee
will be discriminated against because of age, color, creed, national origin,
race, sex, marital status, or physical or mental disability unrelated to job
requirements.
6. An employee's by-line will not be used over the employee's protest except
when a writer states his/her opinion.
7. It shall not be the regular practice to usc repmicrs or copy editors as
photographers, nor photographers as reporters or copy editors, except in case
of emergency or by mutual agreement between the employee and
management. An employee other than a photographer shall receive $3.00 per
picture printed in the newspaper, except that not more than $5.00 shall be paid
to an employee for pictures taken on one ( 1) assignment. One ( 1) combination
reporter-photographer may be used at an established office outside of Will
County.
8. a. In the event an employee is authorized to offer confidentiality to a news
source, the Publisher thereby assumes all responsibility. In the event an effort
is made to require disclosure of such information, the Publisher will defend a
refusal to disclose such information, and make the employee whole for any
legal costs and Joss of pay occasioned by such demand.
19b. When a request for disclosure of other unpublished matter or material or
notes or film is made to an employee and when a requirement for disclosure of
any such materials or sources thereof is made upon an employee by a federal,
state or municipal court, grand jury, agency, department, commission or
legislative body, the employee shall notify the Publisher immediately. Such
materials shall not be released by the employee unless authorized by the
publisher to do so. It is the policy of the Publisher to resist disclosure of
unpublished matters or their sources. The directly affected employee's opinion
regarding disclosure should be given to the Publisher prior to a decision to
disclose or not disclose. If Publisher's counsel's advice is followed, the
employee shall not suffer loss of pay or other benefits, and shall be made
whole to the extent permitted by law against any fines or damages.
c. In the event an employee is proceeded against in a court of law as a result of
allegedly libelous matter published in The Herald-News or copyright
infringement by The Herald-News, the employee following Publisher's
counsel's advice shall be held harmless by the Publisher against any damage
resulting from such claim, to the extent permitted by law.
9. The use of any materials for publication acquired from news services, feature
syndicates, other publications or any other Sun- Times Media Group
organization shall not be a violation of the bargaining agreement.
10. The Publisher agrees to reimburse any employee for any expenses the
employee would incur as a result of any company mandated training.
I 1. Editors will make every effort to contact a Reporter if significant changes arc
made to his or her story, if a correction of a story is to be printed or if a letter
to the Editor about the Reporter or his or her story is to be printed.
12. The Guild shall have a "Guild Basket" on the Company's SII system for use
by the Guild members for internal communications.
ARTICLE XIX. Management Rights
The Publisher construes and the Guild recognizes the specific provisions of this
Agreement as the only limitations upon the Publisher's right to manage its business.
ARTICLE XX. Duration and Renewal
1. This Agreement shall commence on the 1st day of July 2007 and expire on the
30111 day of June, 2010.
2. At least ninety (90) days immediately prior to the termination of this
Agreement, the Publisher and the Guild may initiate negotiations for a new
20Agreement to take effect at the expiration of the present Agreement. The
terms and conditions of this Agreement shall remain in effect during
negotiations until the Parties reach an impasse.
IN WI1NESS WHEREOF, the Parties hereto have caused this Contract to be
executed this /]-$; day ofNovember, 2007.
CHICAGO NEWSPAPER GUILD
~
~~
21Letter of Agreement
Between
The Chicago Newspaper Guild
And
The Herald-News
RE: Online Work Assignment
The Company is creating a separate business unit to provide online services for Fox
Valley Press, Inc., encompassing all ofNorthern Illinois. The Parties agree that
bargaining unit members will gather text, graphics, pictures in the normal course of
perfmming their work and will prepare and transmit the same to the online unit for online
services. Periodic updating of this material in the manner described above, will also be
performed by the unit. The union recognizes that this material may be altered,
reformatted, edited or redesigned by persons in the online business unit for use in the
online products and that this work is outside the jurisdiction of the bargaining unit
The union agrees to drop all pending grievances concerning this issue and abide by the
term of this Letter of Agreement for its duration.
'T'his Letter of Agreement shall be coterminous with the Collective Bargaining
Agreement.
By: ____Marx O_._(ii_h,c;QIL~--------. __
The Herald-News
By:_~RobeJ:LOk,on ~------ Date: December 5_,_1996 _____ _
The Chicago Newspaper Guild
G~
a /
/
d: ... ''
/
/ib§ ____________
By /
i . I.///}·~/
c / / U~;/~i__.
By: JU4ct=.Ct1!~1:_v!____
Fox Valley Publications, Inc. The Chicago Newspaper Guild
The Herald-Nevvs Local No. 34071
22Letter of Agreement
Between
The Chicago Newspaper Guild
And
The Herald-News
A Division of Copley Press, Inc.
RE: Graphic Artists/Central Design Desk
(Article II Recognition 4(e))
The Company intends to introduce an editorial central design desk and centralize the
electronic design and composition of all newspaper pages. This will result in the transfer
or work formerly performed by the graphic artist. Job opportunities for the central design
desk may be available during the term of this contract.
The Parties agree that it is not the intent of Article II Recognition, Section 4(e),
concerning the creation of a central design desk, to transfer the copy editing function to
the central desk and subsequently layoff copy editors. This Agreement, however, docs
not constitute a guarantee of the number of individuals included in the bargaining unit,
nor preclude the Company from exercising its rights under Article XIV Security,
concerning economic layoff
This Letter of Agreement shall be coterminous with the contract.
Datc:_J2~_ggn\)gr 5, 1996
By: __RQJ)ert Okon Date: Decem bcr ~_, __l_99(2______
The Chicago Newspaper Guild
By:~~- UiuvJ
The Chicago Newspaper Guild
Local No. 34071
23MEMORANDUM OF AGREEMENT
Between
THE HERALD- NEWS and
THE CHICAGO NEWSPAPER GUILD,
TNG-CWA LOCAL #34071
In view of The Herald- News efforts to explore new ways to expand beyond the
traditional newspaper and of the Guild's desire to participate in the process as well as preserve its
right to represent Herald - News newsroom employees, the parties enter into this Memorandum
of Agreement [MOA]. This MOA confirms the parties' understanding that The Herald- News
reserves the right to assign bargaining unit employees in The Herald- News Editorial
Department to engage in or produce work for New Media (non-traditional work which includes,
but is not limited to, online, any written product or graphic rendering, as well as any audio,
video, electronic or photographic recording, whether the individual makes the recording or is
recorded himself, regardless of the medium through which The Herald- News chooses to
distribute the work product).
This MOA is a reflection of the way in which the parties intend to work together to foster
and develop The Herald- News New Media work.
This MOA shall be incorporated into the parties' Collective Bargaining Agreement.
1. Any Editorial department employee may be assigned to perform the following
New Media work:
a. Writing and editing copy that will be used all or in part on The Herald-
News website or any other Sun-Times News Group websites and/or for
other New Media services or other Sun Times News Group publications
b. Editing/reviewing copy generated by non-unit individuals for use all or in
part on The Herald - News website or any other Sun-Times News Group
24wehsites and/or for other New Media or other Sun Times News Group
publications.
c. Production of RSS feeds, text messages and Podcasts.
d. Compilation of information lists and statistical packages such as, but not
limited to, calendar events, sporting box scores, that will be used all or in
part on The Herald -News website or any other Sun-Times News Group
websites and/or for other New Media services or other Sun Times News
Group publications.
e. Recording and editing ofvideo, audio and still photographs and producing
graphics to be used all or in part on The Herald- News website or any
other Sw1-Times News Group websites and/or for other New Media
services or other Sun Times News Group publications.
f. Being recorded or videotaped for use all or in part on The Herald- News
website or any other Sun-Times News Group wcbsites and/or for other
New Media services or other Sun Times News Group publications.
g. Design and production of'fhe Herald- News website or any other Sun-
Times News Group wcbsites and/or other New Media services or other
Sun Times News Group publications.
h. Editing/reviewing copy generated by non-unit individuals for usc on The
Ikrald -News website or any other Sun-Times News Group websitcs4. Any employee hired in The Herald- News Newsroom who is not otherwise
exempt under the provisions of the parties' Collective Bargaining Agreement
shall be covered by the Collective Bargaining Agreement, regardless of the nature
of the work they perform (print or New Media). Journalists hired in the
Newsroom exclusively to create editorial content or edit copy for The Herald -
News print product and/or the www.suburbanchicagonews.com/heraldnews
website will be in the bargaining unit.
5. The Herald- News will provide bargaining unit employees the necessary training
and equipment needed to perform New Media work. The Herald -News will not
assign such new work to bargaining unit employees until they have been provided
such training The Herald- News deems necessary to perform the work in a
competent and proficient manner. The Herald - News will consider employee
requests for additional training on New Media functions.
6. The Herald- News reserves its right to determine who shall perforn1 New Media
work, where and when the work shall be performed and the equipment, method,
manner and means by which the work is perfonned.
7. The parties agree to meet at least quarterly to provide a forum for continuing
communication on changes to traditional news gathering and reporting functions
produced by New Media.
8. The Guild will not usc the rights and obligations created by this MOA or the work
assignments resulting from this MOA as a means to attempt to represent non-
bargaining unit individuals performing New Media work, nor to claim jurisdiction
over that work through means such as unit clarification procedures, including
accretion, or contract grievance procedures. Nothing in this MOA limits the
Guild's right to organize.
9. The parties agree to add to the parties' Collective Bargaining Agreement an
exempt Web Editor, whose responsibilities will include, in part, supervision of
web dedicated staff in the Editorial Department and oversight ofThe Herald-
News and non-Herald- News editorial content associated with the website.
10. The parties agree that the negotiations and discussions regarding or leading to this
MOA shall not be cited by or relied upon by either party as evidence of an
unachieved objective.
2611. This MOA will expire on December 31, 2007 unless both parties agree in writing
by December 10,2007 to extend the MOA beyond the December 31,2007
expiration date.
The Herald- News ~hi~G-CWA
////¥? Date
(/- 0
Local#34071
g-,.-() 7
Date
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