Agreement Between York Dispatch Publishing
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AGREEMENT BETWEEN YORK DISPATCH PUBLISHING COMPANY, LLC AND DISPATCH UNIT WASHINGTON BALTIMORE NEWS GUILD TNG-CWA TABLE OF CONTENTS ARTICLE PAGE I GUILD MEMBERSHIP & DUES CHECK-OFF 2 II JURISDICTION 2 III HIRING 3 IV INFORMATION 3 V GRIEVANCE PROCEDURE 4 VI SECURITY 5 VII SEVERANCE PAY 5 VIII PENSION 6 IX TRANSFERS AND PROMOTION 6 X HOURS AND OVERTIME 7 XI HOLIDAYS 8 XII PERSONAL DAYS 8 XIII VACATIONS 9 XIV SICK LEAVE 10 XV HOSPITALIZATION & MEDICAL INSURANCE 11 XVI LEAVES OF ABSENCE 12 XVII MILITARY LEAVE 13 XVIII PART-TIME & TEMPORARY EMPLOYEES 14 XIX MINIMUM SALARIES 15 XX GENERAL WAGE PROVISIONS 16 XXI EXPENSES & EQUIPMENT 17 XXII EMPLOYEE INTEGRITY 17 XXIII PRIVILEGE AGAINST DISCLOSURE & AUTHENTICATION 17 XXIV OUTSIDE ACTIVITIES 18 XXV EMAIL & INTERNET 18 XXVI GENERAL PROVISIONS 19 XXVII DURATION & RENEWAL 20 1 AGREEMENT THIs agreement is made tHIs 16th day of October of 2018 between The York DIspatch, hereInafter known as the PublIsher, and the DIspatch Unit of the WasHIngton BaltImore News Guild, hereInafter known as the Guild, for itself and on behalf of all employees In the Editorial Department, except the editor, busIness manager, managing editor/print, managing editor/digital, news and productIon editor, sports editor and editorial page editor. ARTICLE I Guild Membership and Dues Check-off Section 1. The PublIsher shall require as a conditIon of employment of any employee that he or she be and remaIn a member of the Guild in good standing during the term of his or her employment. If any employee is not a Guild member at the tIme of the sIgning of tHIs agreement, or at the tIme of his or her acceptance of employment, he or she shall become a member of the Guild 30 days after sIgnature of tHIs agreement, or wItHIn 30 days after the date of hiring. Section 2. The Guild agrees it wIll admIt to membersHIp and retaIn in membersHIp any employee, subject to the constItutIon of The Newspaper Guild and the bylaws of the same. Section 3. There shall be no interference or attempt to interfere wIth the operatIon of the Guild. Section 4. Upon an employee’s voluntary written authorizatIon to the Guild, the PublIsher shall deduct from the earnings of such employee and pay to the Guild not later than the last day of each month all Guild membersHIp dues. Such membersHIp dues shall be deducted from the employee’s earnings in accordance wIth the schedule furnished the PublIsher by the Guild. Such schedule may be amended by the Guild at any tIme. An employee’s voluntary written authorizatIon shall remaIn effectIve in accordance wIth the terms of such authorizatIon. Section 5. The PublIsher’s sole responsIbilIty for dues check-off shall consIst of deductIon of dues from the Guild employees’ paychecks in accordance wIth Guild-prepared schedules submItted not later than the close of the final pay period of each month, and remIssIon of the same to the Guild Treasurer not later than the last day of the month. ARTICLE II Jurisdiction Section 1. The Guild shall have jurisdictIon over the kind of work normally or presently performed by the unit covered by tHIs contract, whether by presently or normally used process or equipment or by new or modified process or equipment and other work assIgned to its members by the PublIsher. Section 2. Any person holding a posItIon outsIde tHe bargaIning unit shall not perform any work presently done by employees in the bargaIning unit. Unit work may be performed by 2 correspondents so long as total expenditures for correspondents do not exceed eleven (11) percent of total expenditures for Guild salaries. Section 3. A correspondent is defined as a person who writes stories or takes photographs for the PublIsher on a per-assIgnment basIs and who is not a member of the Guild or management. Correspondents shall not be used to replace or displace employees covered by tHIs agreement, or cause staff vacancIes not to be filled. Section 4. The Company shall make avaIlable such documents as are required to enforce SectIon 2. Section 5. Members of the Editorial Department exempted from tHIs agreement (as defined In the preamble) can perform Guild work as long as it does not result in a reductIon of the Guild work force or avoid fillIng a vacancy. ARTICLE III Hiring Section 1. The PublIsher shall hire employees wIthout regard to age, sex, race, creed, color, natIonal origin, marital and parental status, famIly relatIonsHIps, sexual or affectIonal preference, polItIcal affilIatIons or belIefs, irrelevant mental or physIcal disabilItIes, or other mental or physIcal disabilItIes that may be reasonably accommodated. Section 2. All new Editorial Department employees shall be on a probatIonary period of up to 90 working days to determIne competency. Section 3. DIsmIssal of probatIonary employees shall not be subject to arbitratIon. Section 4. The PublIsher wIll post all job openings and accept applIcatIons from current employees before fillIng vacancIes. ARTICLE IV Information Section 1. The PublIsher shall provide the Guild on request wIth a lIst contaIning the followIng informatIon for each Guild employee: (a) Name, address, sex, mInority group, date of birth, and SocIal Security number; (b) Date of hiring; (c) ClassIficatIon; (d) Salary, including the precIse formula for any commIssIon or bonus arrangements, or other forms of compensatIon. 3 Section 2. The PublIsher shall notIfy the Guild monthly in writIng of: (a) Merit increases granted by name of employee, individual amount, resultIng new salary, and effectIve date; (b) Step-up increases paId by name of employee, individual amount; resultIng new salary; and effectIve date; (c) Changes in classIficatIon, salary changes by reason thereof, and effectIve date; (d) ResIgnatIon, retIrements, deaths and other revisIons in the data lIsted in SectIon 1 of tHIs artIcle, and the effectIve dates. Section 3. WItHIn one week after the hiring of a new employee, the PublIsher shall furnish the Guild in writIng wIth the date specIfied in SectIon 1 of tHIs artIcle, and the effectIve date. Section 4. The PublIsher shall furnish to the employee and to the Guild a copy of any formal, written critIcIsm, commendatIon, appraIsal or ratIng of each employee’s performance in the employee’s job. Section 5. An employee may review and copy any personnel files pertaIning to the employee upon reasonable request. ARTICLE V Grievance Procedure Section 1. The Guild shall desIgnate a commIttee to take up wIth the PublIsher, or the PublIsher’s authorized agent, any matter arisIng from the applIcatIon of tHIs agreement, or affectIng the relatIons of the employees and the PublIsher. The number of employees of the PublIsher to serve on tHIs commIttee shall be lImIted to three. Section 2. The PublIsher agrees to meet wIth the commIttee as provided for in the artIcle wItHIn five days after request for such meetIng. TIme off to adjust grievances shall be granted to employees when necessary. Request for a grievance meetIng must be made no later than tHIrty (30) days from the tIme of the first knowledge of the occurrence wHIch led to the grievance, agreeable to mutual extensIon. If a violatIon of ArtIcle VI, SectIon 4, or ArtIcle III, SectIon 1, is alleged, then a one-year tIme lImIt shall apply. Section 3. Any such matter involving interpretatIon, applIcatIon, admInistratIon or alleged violatIon of tHIs contract (except renewal of tHIs contract), including any questIons whether a matter is arbitral, not settled wItHIn 30 days by the Guild commIttee and the PublIsher, or the publIsher’s authorized agent, may, wItHIn 60 days of the PublIsher’s answer on a grievance, agreeable to mutual extensIon, be submItted to fInal and binding arbitratIon by eIther party, such arbitratIon to be conducted pursuant to the voluntary labor arbitratIon rules of the American ArbitratIon AssocIatIon. The cost of such arbitratIon shall be borne equally by the partIes of tHIs agreement, except that no party shall be oblIgated to pay any part of the cost of a stenographic transcript wIthout express consent. 4 ARTICLE VI Security Section 1. There shall be no dismIssals except for just and sufficIent cause. Section 2. The Guild and the employee shall be notIfied in writIng at the tIme of dismIssal wIth the reason stated and the employee shall receIve two weeks’ pay in lIeu of two weeks’ notIce. No advance notIce or two weeks’ pay shall be necessary if the cause for dismIssal is gross mIsconduct wHIle on duty. Section 3. The Guild may request wItHIn five busIness days (not including Saturday or Sunday) of receIpt of notIce of dismIssal or proposed dismIssal a hearing between the PublIsher and the Guild to discuss and investIgate the basIs for such dismIssal. The PublIsher wIll honor the Guild’s request as expediently as possIble. Section 4. There shall be no dismIssal of or other discrimInatIon agaInst an employee or in HIring because of his membersHIp or actIvity in the Guild, nor because of age, sex, race, creed, color, natIonal origin, marital or parental status, or polItIcal belIef, famIly relatIonsHIp, sexual or affectIonal preference, or irrelevant mental or physIcal disabilItIes. Section 5. Employees dismIssed for accepted reasons of economy shall be so dismIssed on the basIs of inverse order of seniority in each classIficatIon and shall be offered reemployment in writIng in direct order of theIr seniority and before any new employees are hired. Section 6. The Guild and all employees shall be notIfied at least one (1) month in advance of dismIssal by way of sale or discontInuance of publIcatIon, or one (1) months’ compensatIon shall be paId to all employees in lIeu of notIce. Such notIce or compensatIon in lIeu of notIce is distInct from and in additIon to any severance pay due under ArtIcle VII.