2013 LABOR AGREEMENTS
Communications Workers of America and 2013 DEPARTMENTAL AGREEMENT
Article Title Page
I. Recognition and Establishment of the Unit ...... 1 II. Management Rights ...... 2 Ill. Classification of Employees ...... 2 IV. New Job Titles ...... 4 V. Basis of Compensation ...... 7 VI. Hours of Work ...... 37 VII. Work Schedules ...... 40 VIII. Exchange Time ...... 42 IX. Holidays ...... 45 X. Vacations ...... 47 XI. Excused Work Days ...... 55 XI!. Absences From Duty ...... 58 XIII. Seniority ...... 64 XIV. Job Vacancy ...... 64 XV. Promotional Pay Treatment ...... 70 XVI. Temporary Work in Higher Positions ...... 72 XVII. Travel ...... 75 XVIII. Force Adjustment ...... 81 XIX. Employment Terminations ...... 89 XX. Grievances ...... 92 XXI. Union Representation ...... 96 XXII. Agency Shop ...... 96 XXIII. Deduction of Union Dues ...... 97 XXiV. Notice of Promot1ons and Transfers of Union Officers, Elected Stewards, and Designated Representatives .. 99 XXV. Safety ...... 100 XXVI. Achievement Bonuses and Incentives ...... 100 XXVII. Account Representatives, Sales Representatives, Senior Account Representatives and Cyber Representatives ...... 101 XXVIII. New Products and Services ...... 132 XXIX. Prior Agreements ...... 133 XXX. Duration ...... 133
ii 2013 AGREEMENT OF GENERAL APPLICATION
Article Title Page
I. Collective Bargaining Procedure ...... 135 II. Service Interruption ...... 136 Ill. Unusual Grievances ...... 137 IV. Grievance Mediation ...... 137 V. Arbitration ...... 140 VI. Expedited Arbitration ...... 143 VII. Leaves of Absence for Union Representatives on Union Business ...... 146 VIII. Pensions, Disability Benefits, and Death Benefits ...... 150 IX. Supplemental Income Protection Program ...... 151 X. Voluntary Income Protection Program ...... 155 XL Responsible Union-Company Relationship ...... 158 XII. Nondiscrimination ...... 159 XIII. Technological Change Committee ...... 159 XIV. Common Interest Forum ...... 161 XV. Training/Retraining ...... 164 XVI. Military Service ...... 166 XVII. Outside Contracting ...... 167 XVIII. Prior Agreements ...... i 67 XIX. Duration ...... 168
OTHER AGREEMENTS
Title Page
Memorandum of Understanding Regarding Part-Time Employees ...... 169 Memorandum of Understanding Regarding Commission Splitting on Referred Accounts between Premise and Telemarketing Sales Organizations ...... 172 ii INDEX Page A
Absences From Duty ...... 58 Funerals ...... 61 Grievance Meetings ...... 95 Illness Number of Waiting Days ...... 62 Payment --Account and Sales Representatives ...... 112, 113 --All Other Titles ...... 63 --Senior Account and Cyber Representatives ...... 111 Jury, Witness, Voting and Election Duty ...... 60 Leaves of Absence ...... 58 Military Duty --Active ...... 63, 166 --Training and Emergency Duty ...... 59 Quarantine ...... 63 Account Representatives Absences From Duty ...... 112 Assignment of Accounts ...... 115 Automobile Allowance --Daily ...... 129 --Monthly ...... 128 Automobile Insurance ...... 128 Basis of Compensation ...... 103 --Account Packages Involving NYPS Activity ...... 123 --Average Rate ...... 113 --Basic Weekly Salary Schedule ...... 104 --Commissions ...... 106 --Initial Training ...... 104 --Splitting on Referred Accounts ...... 172 Commission Advance Recovery Process ...... 119 Commission Debit Proration ...... 122 Definitions ...... 101 iii Page A
Account Representatives (Continued) Meai and Incidental Expense (M&iE) Per Diem ...... 126 Miscellaneous Provisions ...... 123 Reimbursement of Expenses ...... 126 Wage Progression ...... 105 Achievement Bonuses and Incentives ...... 100 Active Duty in Armed Forces ...... 166 Agency Shop ...... 96 Agreement of General Application ...... 135 Arbitration Expedited ...... 143 Regular ...... 140 Assigned Overtime ...... 39 Assignment of Nonworking Days ...... 39 Authorization for Union Dues ...... 97 Authorized Holidays ...... 10, 45 Automobile Mileage Expense ...... 76, 80, 129
B
Basis of Compensation ...... 7 Bilingual Differential ...... 73 c
Callout Time ...... 39 Carfare Payments ...... 40 Commission Advance Recovery Process ...... 119 Christmas Week ...... 58 Classification Differentials (See Temporary Work in Higher Positions) ...... 72
iv Page c
Classification of Employees Regular Employees ...... 2 Temporary Employees ...... 2 Occasional Employees ...... 2 Full-Time Employees ...... 3 Part-Time Employees ...... 3 Close Relative ...... 61 Collective Bargaining Procedure ...... 135 Commissions ...... 106 --Splitting on Referred Accounts ...... 172 Common Interest Forum ...... 161 Company Schools-Night Differentials ...... 11 Compensation ...... 7 Contract Work ...... 167 Cyber Representatives Absences From Duty ...... 111 Basis of Compensation ...... 103 --Basic Weekly Salary Schedule ...... 105 --Commissions ...... 106 --Disability Pay ...... 112 Commission Advance Recovery Process ...... 119 Commission Debit Proration ...... 122 Definitions ...... 101 Miscellaneous Provisions ...... 123 Overtime ...... 125 Relief Period ...... 125 Wage Progression ...... 105
v Page D
Daily Expense Allowance Overnight Travel ...... 78 Day Tours ...... 38 Deduction of Union Dues ...... 97 Departmental Agreement ...... 1 Designated Holiday ...... 45 Differentials Bilingual ...... 73 Night ...... 11 Dismissals Arbitration of ...... 141 Termination Allowance ...... 91 Divided Tours-Extra Payments ...... 40 Dues ...... 97 Duration of Agreement ...... 133, 168
E
Election Duty ...... 60 Employment Terminations ...... 89 After Leave of Absence ...... 89 Eligibility ...... 89 Supplemental Income Protection Program (SIPP) ...... 151 Technological Displacement ...... 90 Termination Allowance ...... 91 Treatment of Reengaged or Rehired ...... 91 Voluntary Income Protection Program (VIPP) ...... 155 Exchange Time ...... 42 Excused Work Days ...... 55 Christmas Week ...... 58 Exhibit 1 ...... 12 Exhibit 2 ...... 18 Exhibit 3 ...... 24 vi Page E
Exhibit 4 ...... 30 Expedited Arbitration ...... i 43 Expense Allowance Account and Senior Account Representatives ...... 126 Allowance for Overnight Travel ...... 78 Parking ...... 76, 78, 79, 131 Travel Time ...... 75 Trips Home ...... 80, 130 Use of Personal Car ...... 76 Expense in Connection With Transfer ...... 83 Expiration of Labor Agreements ...... 133, 168 Extra Payments on Divided Tours ...... 40
F
Force Adjustment ...... 81 Layoffs ...... 86 Reassignment Pay Protection Plan (RPPP) ...... 84 Reduction in Force Before Layoffs ...... 82 Reemployment--Wage Credit ...... 89 Supplemental Income Protection Program (SIPP) ...... 151 Technological Change Committee ...... 159 Temporary Layoff ...... 88 Voluntary Income Protection Program (VIPP) ...... 155 Fuii-T1me Employees ...... 3 Full-Time Tours ...... 37 Funerals Close Relative ...... 61 Immediate Family ...... 61
vii Page G
Grievance Mediation ...... 137 Grievances ...... 92 Formal Grievance ...... 92 Informal Grievance ...... 95 New Job Titles ...... 4 Pay for Attendance at Meetings ...... 95 Time Limit for Filing ...... 93 Time Limit for Meetings to be Scheduled ...... 95 Travel To and From Meetings ...... 95 Unusual ...... 137
H
Holidays ...... 45 Absentee ...... 47 Authorized ...... 45 Designated ...... 45 Eligible Employees ...... 45 Falling on Sunday ...... 45 Pay --Holiday Allowance ...... 45 --Time Worked ...... 46 Tours ...... 45 Within a Vacation Period ...... 49 Hours of Work ...... 37 Callout Time ...... 39 Carfare Payments ...... 40
viii Page
Illness First Seven Days ...... 62 Payment for Absence ...... 63 Payment for Account and Sales Representatives ...... 112, 113 Payment for Senior Account and Cyber Representatives .... 111 Preceding or Following a Holiday ...... 47 Waiting Period ...... 62 Immediate Family ...... 61
J
Job Classifications ...... 4, 36, 101 Job Titles Establishing New Job Titles ...... 4 Establishing Wage Levels ...... 4 Notification to the Union ...... 4 Job Vacancy ...... 64 Employee Retreats ...... 69 Job Vacancy Requests ...... 64 Order of Consideration ...... 68 Selection ...... 68 Time-In-Title and Location ...... 66 Vacancy Definition ...... 66 Jury, Witness, Voting and Election Duty ...... 60
L
Layoffs ...... 82 Leaves of Absence ...... 58 Union Business ...... 59, 146
ix Page M
Maximum Rates ...... 8 Meai Aiiowance Overnight Travel ...... 78 Mediation ...... 137 Military Duty Active ...... 63 Training & Emergency ...... 59 Military Service ...... 166 Minimum Rates ...... 8
N
Net Credited Service ...... 64, 70 New Job Titles ...... 4 New Products and Services ...... 132 Night Differentials ...... 11 Night Differentials-Company Schools ...... 11 Night Tours ...... 38 Noncommission Employees Classifications and Job Titles ...... 36 Wage Schedules ...... 12 Nondiscrimination ...... 159 Nonworking Days, Assignment of ...... 39 Notice of Promotion and Transfer of Union Officers, Elected Stewards, and Designated Representatives ...... 99
X Page 0
Occasional Employees ...... 2 Outside Contracting ...... 167 Overtime Assigned ...... 39 Pay --Cyber and Sales Representatives ...... 125 --Noncommission Employees ...... 9, 10
p
Parking ...... 76, 78, 79, 131 Part-Time Employees ...... 3, 169 Equivalent Work Week ...... 3 Excused Work Days ...... 55 Holidays ...... 45 Memorandum of Understanding ...... 169 Overtime ...... 10 Tours ...... 37 Vacations ...... 62 Pension, Disability, and Death Benefits ...... 150 Progression Plan ...... 8 During Disability ...... 8 Following Upgrade ...... 8 Promotion and Transfer of Union Officers, Elected Stewards, and Designated Representatives ...... 99 Promotional Pay Treatment...... 70 Titles and Step Down Table ...... 72
Q
Quarantine ...... 63
xi Page R
Rates of Pay ...... 7 Reassignment Pay Protection Pian (RPPP) ...... 84 Recognition of the Unit...... 1 Reduction in Force (Force Adjustment) ...... 81 Regular Employees ...... 2 Regular Place of Reporting ...... 75 Rehiring After Layoff ...... 91 Relief Periods Cyber and Sales Representatives ...... 125 Noncommission Employees ...... 40 Responsible Union/Company Relationship ...... 158 s
Safety ...... 100 Sales Representatives Absences From Duty ...... 112 Assignment of Accounts ...... 115 Basis of Compensation ...... 103 --Account Packages Involving NYPS Activity ...... 123 --Average Rate ...... 113 --Basic Weekly Salary Schedule ...... 104 --Commissions ...... 106 --Initial Training ...... 105 --Splitting on Referred Accounts ...... i 72 Commission Advance Recovery Process ...... 119 Commission Debit Proration ...... 122 Definitions ...... 101 Miscellaneous Provisions ...... 123 Overtime ...... 125 Relief Period ...... 125 Wage Progression ...... 1 05 xii Page s
Senior Account Representatives Absences From Duty ...... 111 Automobile Allowance --Daily ...... 129 --Monthly ...... 128 Automobile Insurance ...... 128 Basis of Compensation ...... 103 --Account Packages Involving NYPS Activity ...... 123 --Basic Weekly Salary ...... 105 --Commissions ...... 106 --Disability Pay ...... 112 Commission Advance Recovery Process ...... 119 Commission Debit Proration ...... 122 Definitions ...... 101 Meal and Incidental Expense (M&IE) Per Diem ...... 126 Miscellaneous Provisions ...... 123 Reimbursement of Expenses ...... 126 Wage Progression ...... 105 Windfall Sale ...... 125 Seniority ...... 64, 124 Service Interruption ...... 136 Sessions ...... 37 Sickness (See Illness) ...... 62 SN Days ...... 41 AT &T Pens1on Benefit Plan ...... 150 Step Down from Maximum ...... 72 Sunday Tours ...... 38 Sunday Work ...... 11 Supplemental income Protection Program (SIPP) ...... 151
xiii Page T
Technological Change Committee ...... 159 Technological Displacement ...... 90 Temporary Employees ...... 2 Temporary Layoff ...... 88 Temporary Work in Higher Positions ...... 72 Termination Allowance ...... 91 Time-In-Title and Location ...... 65 Tours Defined ...... 37 Holiday ...... 45 Selection ...... 38 Trade Time (Ten Minutes or Less) ...... 9 Training/Retraining ...... 164 Transfers ...... 64 Travel ...... 75 Automobile Mileage Expense 80, 129 Expense Allowance ...... 78, 126 Lodging ...... 79, 128 Trips Home ...... 80, 130 u
Union Dues ...... 97 Union Leaves of Absence ...... 59, 146 Union Representation ...... 96 Unusual Grievances ...... 137 Use of Personal Car...... 76, 80, 129
xiv Page v
Vacations ...... 47 Day-At-A-Time ...... 52 Eligibility ...... 47 Holiday During Vacation ...... 49 Illness During Vacation ...... 51 Leaves of Absence and/or Transfer Prior to Vacation ...... 50 Rescheduling Vacation Due to Illness ...... 51 Scheduling ...... 52 Voluntary Income Protection Program (VIPP) ...... 155 Voting ...... 60 w
Wage Administration Basis of Compensation ...... 7 Commissions ...... 106 Promotional Pay Treatment ...... 70 Wage Progression Increases ...... 8, 104 Wage Progression Schedules Account Representatives ...... 104 Cyber Representative ...... 105 Noncommission (Eff. 12/5/09) --Regular ...... 12 --Temporary ...... 15 Noncom mission (Eft. 5/1/11) --Regular ...... 18 --Temporary ...... 21 Noncommission (Eff. 6/3/12) --Regular ...... 24 --Temporary ...... 27 Noncommission (Eff. 7/7/13) --Regular ...... 30 --Temporary ...... 33 XV Page w
Sales Representative ...... 104 Senior Account Representative ...... 105 Witness in Court ...... 60 Work and Family Committee ...... 162 Work Day ...... 37 Work Groups--Force Adjustment ...... 81 Work Schedules ...... 40 Change of SN Days ...... 41 Nonworking Days ...... 39 Scheduled Tours and Hours ...... 41 Work Stoppage ...... 136 Work VJeek ...... 37
xvi 2013 DEPARTMENTAL AGREEMENT
THIS AGREEMENT is made as of October 8, 2014, and is effective as of November 5, 2014, by and between COMMUNICATIONS WORKERS OF AMERICA (hereinafter called the "Union"), and YP Texas Region Yellow Pages LLC, a Delaware corporation, (hereinafter called the "Company" or "Management"). The Union and the Company agree, subject to any applicable provision of the 2014 Memorandum of Agreement, as follows:
ARTICLE I RECOGNITION AND ESTABLISHMENT OF THE UNIT
Section 1. The Company recognizes the Union as sole collective bargaining agent for those employees of the Company with the job titles and job classifications listed in Article V, Exhibit 4 of this Agreement and as subsequently established under Article IV of this Agreement, excluding confidential and professional employees, guards, and supervisors as defined in Section 2(11) of the National Labor Relations Act, as amended.
Section 2. Nothing herein shall be construed as authorizing the inclusion of any employee or employees not properly includible in the above described Bargaining Unit, nor shall be construed as a waiver or forbearance on the part of the Union of any right to represent any employee or employees properly includible in such Bargaining Unit as contemplated under the National Labor Relations Act as now or hereafter amended or superseded.
Section 3. The provisions contained in Articles I through XXX of this Agreement apply to all Bargaining Unit employees, except as indicated to the contrary.
ARTICLE II MANAGEMENT RIGHTS
The Union and Company recognize that unless specifically set forth in this Agreement, the Company shall retain all other rights to operate and manage its business, including, but not limited to, the right to establish job descriptions and determine job assignments, to implement new and different operational methods and procedures, to determine staffing levels and 1 requirements, to determine the kind, type, and location of facilities, to introduce new or different services, products, methods, and to eliminate services, products, and/or methods. Further, the Company shall have the right to use resellers, national retailers and/or third party agents, so long as no Force Reductions of bargaining unit members shall be directly attributable to such use. The rights set forth in this Article are subject to the express provisions in this agreement, and the Company shall exercise the rights herein in a reasonable manner and in a spirit of mutual respect between the Company and the Union.
ARTICLE Ill CLASSIFICATION OF EMPLOYEES
Section 1. For the purpose of this Agreement, all employees are classified into one of the classifications as defined in Section 2.
Section 2.
a. Regular Employees. A regular employee is one who is engaged for the usual activities of the business and whose employment is reasonably expected to continue for longer than eighteen (18) months, although it may be terminated earlier by action on the part of the Company or the employee.
b. Temporary Employees. A temporary employee is one who is engaged for a specific project or a limited period, with the definite understanding that his or her employment is to terminate upon completion of the project or at the end of the period, and whose employment is expected to continue for more than three (3) consecutive weeks, but not more than eighteen (18) months.
c. Occasional Employees. An occasional employee is one who is engaged on a daily basis for a period of not more than three (3) consecutive weeks; or for a cumulative total of not more than thirty (30) days, in any calendar year, regardless of the length of daily or weekly assignments. An occasional employee who actually works or is engaged to work in excess of three (3) consecutive weeks or thirty (30) days in a calendar year shall be reclassified as a regular or a temporary, full-time or part-time employee as appropriate.
2 Section 3. Employees who are classified as Regular or Temporary as defined in Section 2. above will be further classified as either full-time or part-time as defined below:
a. Full-Time. A full-time employee is one who is employed and scheduled to work forty (40) hours in a calendar week.
b. Part-Time. A part-time employee is one who is employed and normally scheduled to work less hours per average month than a comparable full-time employee in the same job title, classification and work group working the same normal daily tour.
Note A: The classification of a part-time employee is based on the employee's "part-time equivalent work week" which shall be determined prospectively by dividing the employee's total normally scheduled hours per month by 4.35 and rounding the result to the next higher whole number. (Illustration: 68 hours per month divided by 4.35 equals 15.6, rounded to a "part-time equivalent work week" classification of 16.)
Note B: The "part-time equivalent work week" classification of each part-time employee shall be reviewed by the Company no less often than every six (6) months on April 1 and October 1 of each year and adjusted on a prospective basis, if appropriate. In determining whether such adjustment is appropriate, the Company will consider the actual average number of hours worked per month during the preceding six (6) month period and the likelihood that such number of work hours will continue for a reasonably foreseeable period of time except that any hours worked which are paid at the overtime rate shall not be counted in computing the average number of hours worked.
ARTICLE IV NEW JOB TITLES
Section 1. Whenever the Company determines it appropriate to create a new job title in the Bargaining Unit or restructure an existing job title, it shall notify the Vice President of the Union in writing. Restructure, for purposes of this Article, shall be limited to those situations in which the restructure of the duties of an existing job title is so significant that the associated job description is no longer representative of the major functions of the restructured job. Such notification shall include the job title, the job description of the duties for such job title, and the initial wage schedule for such job title. The initial wage schedule shall be classified as temporary. 3 Section 2. Following such notice to the Union, the Company may proceed to staff such job title.
Section 3. The Union shall have the right, within thirty (30) days from receipt of notice from the Company, to initiate negotiations concerning the initiai wage scheduie estabiished as temporary by the Company.
a. If negotiations are not so initiated within thirty (30) days as outlined in Section 3. above, the temporary designation shall be removed. If negotiations are so initiated, and agreement is reached between the parties within sixty (60) days following the receipt of notice from the Company, the agreed upon wage schedule shall immediately replace the wage schedule designated as temporary.
b. If negotiations are so initiated and the parties are unable to reach agreement within sixty (60) days following receipt of notice from the Company regarding the creation of a new job, the issue of an appropriate temporary wage schedule shall be subject to a non binding mediation process. A mediation conference shall be held as soon as possible following the conclusion of negotiations but no later than ninety (90) days from receipt of notice from the Company.
(1) If agreement is reached in the non-binding mediation process, the agreed upon wage schedule shall immediately replace the wage schedule designated as temporary.
(2) If no agreement is reached in the non-binding mediation process, the wage schedule shall retain the temporary designation for the duration of the Departmental Agreement in effect on the date of notification, as outlined in Section 1. above. Such temporary wage schedule shall be subject to negotiation in the next Collective Bargaining session.
c. If negotiations are so initiated and the parties are unable to reach agreement within sixty (60) days following receipt of notice from the Company regarding the restructuring of an existing job, the issue of an appropriate wage schedule shall be subject to a binding mediation process. A mediation conference shall be held as soon as possible following the conclusion of negotiations but no later than ninety (90) days from receipt of notice from the Company. 4 (1) If agreement is reached in the mediation process, the agreed-upon wage schedule shall immediately replace the wage schedule designated as temporary.
(2) If no agreement is reached in the mediation process, each party shall submit a final proposed permanent wage schedule to the mediator at the conclusion of the mediation conference. The mediator shall determine which of the final submissions is appropriate, taking into account the facts, discussions and arguments presented by the parties during the conference. The wage schedule designated by the mediator shall immediately replace the wage schedule designated as temporary.
d. The mediator used in the mediation processes referred to in paragraphs b. and c. above, shall be selected by mutual agreement from a list of five (5) mediators compiled by the American Arbitration Association. Such individuals on the list shall possess acknowledged expertise in the area of job evaluation.
Section 4. The Company agrees to notify in writing the Vice President of the Union of the addition of a noncommission classification and job title.
Section 5. The Company agrees to notify in writing the Vice President of the Union of any additions, deletions, or rearrangements to the noncommission classifications and job titles contained in Article V, Exhibit 4 of the Departmental Agreement. Following such notice to the Union, the Company may implement the identified modifications to the noncommission classifications and job titles for the purposes of the application of Article XVIII, Force Adjustment. Within thirty (30) days from receipt of notice from the Company, the Union shall have the right to initiate negotiations with the Vice President-Human Resources concerning such noncommission classifications and job titles.
ARTICLEV BASIS OF COMPENSATION (This Article applies to all employees except Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives)
Section 1. Rates of Pay. 5 a. Effective as of December 7, 2013, the Wage Progression Schedules for regular and temporary noncommission employees shall be as set forth in Exhibit 1 to this Article. Effective December 7, 2014, the Wage Progression Schedules for regular and temporary noncommission employees shall be as set forth in Exhibit 2 to this Article. Effective December 6, 2015, the Wage Progression Schedules for regular and temporary noncommission employees shall be as set forth in Exhibit 3 to this Article. Temporary employees placed at the temporary rate shall not exceed the total number of employees on leaves of absence. The noncommission Wage Classifications and job titles shall be as set forth in Exhibit 4 of this Article. The basic salary schedule and basic salary rates for commission employees shall be as set forth in Article XXVII, Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives.
b. Minimum Rates. Each employee who enters the service of the Company shall begin employment at the minimum wage rate for the appropriate job title, except that appropriate allowance over such minimum rate may be made by the Company for an employee who has had previous experience or training considered to be of value.
c. Maximum Rates. The applicable maximum rates are set forth in the Wage Progression Schedules included as Exhibits 1, 2, and 3 to this Article.
Section 2. Progression Plan. Progression increases shall be in accordance with the following:
a. Increase to the next higher rate as provided for in the applicable Wage Progression Schedule included as Exhibits 1, 2, and 3 to this Article shall be after a progression Interval equai to the difference in months between (i) the wage iength of service shown by the applicable Wage Progression Schedule for such next higher rate, and (2) that shown for the employee's current wage rate.
b. Increase dates will be at six (6) month intervals, or at such other intervals as may be specified in the applicable Wage Schedules.
c. No wage increase shall become effective during a period of disability which is continuous for eight days or more. 6 d. Progression Following Upgrading. The length of consideration intervals for progression increases following upgrading shall be as provided in the Wage Progression Schedule for the classification or job to which upgraded. The consideration interval for the first progression increase following upgrading shail begin with the date previously established for progression on the schedule of the job or classification from which upgraded except that if the wage rate step is established as the result of a step down from maximum as provided in Article XV, Promotional Pay Treatment, of the 2013 Departmental Agreement, a new progression date shall be established in accordance with paragraph b. preceding.
Section 3. Overtime At One And One-Half Times Basic Hourly Rate.
a. Except for part-time employees identified in paragraph b. below, compensation at the rate of one and one-half times the basic hourly rate shall be paid to employees for all time of ten minutes or more worked at the Company's request either before or after the scheduled tour (except on an Authorized Holiday), or for work time in excess of forty hours worked on scheduled tours (except on an Authorized Holiday) in any calendar week (except as may be otherwise required by law).
Note: Time worked less than ten minutes in excess of scheduled hours shall be treated as normal trade time; and the time shall not be accounted for on work reports. This is in recognition of the fact that because of practical considerations or uncontrollable circumstances, employees occasionally will quit work a few minutes before or after the end of their scheduled tour. Such differences in work time shall be "traded out" on work days following, in the same pay period. Trade time must be made up within the same pay period or else paid for as work time.
Trade time applies also to that travel time defined as work time. If employees are returned to a designated place of reporting less than ten minutes after the close of a scheduled tour, such time, defined as work time, may be traded out during the current pay period. Trade time not traded out during the current pay period shall be paid for as work time.
It is the general policy of the Company to avoid the necessity of using trade time as far as practicable.
7 b. Compensation to a part-time employee for hours worked in excess of an equivalent normal daily tour or work week for a comparable full-time employee shall be at the applicable overtime rate for a comparable full-time employee based on such part-time employee's basic hourly rate.
c. Authorized Holidays. For all employees, either time worked or not worked but excused without loss of pay on an Authorized Holiday observed Monday through Saturday, up to the length of a normal tour, shall be considered as work time for the purpose of determining hours in excess of the number of hours that constitute a normal work week at the basic rate in the calendar week; provided, however, that such treatment shall not apply where the employee is an "absentee" as defined in Article IX, Section 4, Holidays, of the 2013 Departmental Agreement, or is treated as absent on the Holiday under Article XII, Absences From Duty, of the 2013 Departmental Agreement.
d. Overtime At Two Times The Basic Hourly Rate. Where an employee, at the Company's request, works overtime for which the rate of one and one-half times the basic hourly rate is otherwise applicable under paragraph 3.a. preceding, and such overtime worked exceeds nine hours in a calendar week, compensation for such overtime in excess of nine hours in that week shall be paid, instead, at the rate of two times the basic hourly rate.
Section 4. Sunday Work.
a. Employees scheduled to work a Sunday tour shall be paid at the rate of one and one-half times the basic hourly rate for the first eight hours worked except for part-time employees.
Section 5. Night Differentials.
a. A night differential shall be paid to employees for each scheduled night tour worked in the amount of ten percent of the employee's basic day's pay except for part-time employees.
b. Night Differentials-Company Schools. Night differentials to the extent normally appli cable shall be paid to an employee regularly scheduled for night tours, for scheduled tours paid within the first week when assigned by the Company on scheduled day tours in a Company school. 8 EXHIBIT 1 ARTICLE V
WAGE PROGRESSION SCHEDULES REGULAR NONCOMMISSION EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 7, 2013
IWAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $436.00 AFTER 6 MONTHS 480.59 12 529.74
18 583.92 24 643.64 30 709.47
36 782.03 42 862.01 48 950.18
9 EXHIBIT 1 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $475.00 AFTER 6 MONTHS 521.85 12 573.32
18 629.86 24 691.98 30 760.23
36 835.21 42 917.59 48 1,008.09
WAGE CLASSIFICATION Ill MINIMUM $492.50 AFTER 6 MONTHS 541.49 12 595.35
18 654.57 24 719.68 30 791.26
36 869.97 42 956.51 48 1,051.65
10 EXHIBIT 1 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
WAGE LENGTH OF SERVICE SCHEDULE
WAGE CLASSIFICATION IV MINIMUM $543.00 AFTER 6 MONTHS 592.63 12 646.80
18 705.92 24 770.45 30 840.87
36 917.73 42 1,001.61 48 1,093.16
WAGE CLASSIFICATION V MINIMUM $574.50 AFTER 6 MONTHS 634.42 12 700.58
18 773c65 24 854.34 30 943.44
36 1,041.84 42 1,150.50 48 1,270.49
11 EXHIBIT 1 (Continued)
WAGE PROGRESSION SCHEDULES TEMPORARY NONCOMMISSION EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 7, 2013
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $328.00 AFTER 6 MONTHS 361.49 12 398.40
18 439.07 24 483.90 30 533.31
36 587.76 42 647.77 48 713.91
12 EXHIBIT 1 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $356.00 AFTER 6 MONTHS 391.14 12 429.74
18 472.16 24 518.76 30 569.96
36 626.22 42 688.03 48 755.94
WAGE CLASSIFICATION Ill MINIMUM $370.50 AFTER 6 MONTHS 407.23 12 447.60
18 491.98 24 540.76 30 594.37
36 653.29 42 718.06 48 789.25
13 EXHIBIT 1 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
IWAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION IV MINIMUM $409.50 AFTER 6 MONTHS 446.67 12 487.20
18 531.42 24 579.65 30 632.26
36 689.65 42 752.24 48 820.51
WAGE CLASSIFICATION V MINIMUM $430.50 AFTER 6 MONTHS 475.47 12 525.15
18 580.01 24 640.60 30 707.53
36 781.44 42 863.08 48 953.25
14 EXHIBIT 2 ARTICLE V
WAGE PROGRESSION SCHEDULES REGULAR NONCOMMISSION EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 7, 2014
!WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $436.00 AFTER 6 MONTHS 481.78 12 532.37
18 588.28 24 650.05 30 718.31
36 793.74 42 877.08 48 969.18
15 EXHIBIT 2 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
IWAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $475.00 AFTER 6 MONTHS 523.14 12 576.16
18 634.56 24 698.87 30 769.70
36 847.71 42 933.63 48 1,028.25
WAGE CLASSIFICATION Ill MINIMUM $492.50 AFTER 6 MONTHS 542.83 12 598.30
18 659.45 24 726.84 30 801.12
36 882.99 42 973.22 48 1,072.68
16 EXHIBIT 2 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
IWAGE LI::NGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION IV MINIMUM $543.00 AFTER 6 MONTHS 594.10 12 650.01
18 711.18 24 778.11 30 851.34
36 931.46 42 1,019.12 48 1,115.02
WAGE CLASSIFICATION V MINIMUM $574.50 AFTER 6 MONTHS 635.99 12 704.06
18 779.42 24 862.84 30 955.19
36 1,057.43 42 1,170.61 48 1,295.90
17 EXHIBIT 2 (Continued)
WAGE PROGRESSION SCHEDULES TEMPORARY NONCOMMISSION EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 7, 2014
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $328.00 AFTER 6 MONTHS 362.38 12 400.37
18 442.35 24 488.72 30 539.95
36 596.56 42 659.09 48 728.19
18 EXHIBIT 2 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $356.00 AFTER 6 MONTHS 392.11 12 431.88
18 475.68 24 523.92 30 577.06
36 635.59 42 700.06 48 771.06
WAGE CLASSIFICATION Ill MINIMUM $370.50 AFTER 6 MONTHS 408.24 12 449.83
18 495.65 24 546.14 30 601.77
36 663.07 42 730.61 48 805.04
19 EXHIBIT 2 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION IV MINIMUM $409.50 AFTER 6 MONTHS 447.77 12 489.62
18 535.38 24 585.42 30 640.14
36 699.97 42 765.39 48 836.92
WAGE CLASSIFICATION V MINIMUM $430.50 AFTER 6 MONTHS 476.65 12 527.75
18 584.33 24 646.98 30 716.34
36 793.14 42 878.17 48 972.32
20 EXHIBIT 3 ARTICLE V
WAGE PROGRESSION SCHEDULES REGULAR NONCOMMISSiON EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 6, 2015
IWAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $436.00 AFTER 6 MONTHS 482.98 12 535.02
18 592.66 24 656.52 30 727.25
36 805.61 42 892.41 48 988.56
21 EXHIBIT 3 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $475.00 AFTER 6 MONTHS 524.44 12 579.02
18 639.29 24 705.82 30 779.29
36 860.39 42 949.94 48 1,048.82
WAGE CLASSIFICATION Ill MINIMUM $492.50 AFTER 6 MONTHS 544.18 12 601.27
18 664.36 24 734.07 30 811.09
36 896.20 42 990.23 48 1,094.13
22 EXHIBIT 3 (Continued)
REGULAR NONCOMMISSION EMPLOYEES
IWAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION IV MINIMUM $543.00 AFTER 6 MONTHS 595.57 12 653.24
18 716.48 24 785.85 30 861.94
36 945.39 42 1,036.93 48 1,137.32
WAGE CLASSIFICATION V MINIMUM $574.50 AFTER 6 MONTHS 637.57 12 707.56
18 785.23 24 871.43 30 967.09
36 1,073.25 42 1 '191.07 48 1,321.82
23 EXHIBIT 3 (Continued)
WAGE PROGRESSION SCHEDULES TEMPORARY NONCOMMISSION EMPLOYEES
Basic Wage Rates for Normal Work Week
Effective December 6, 2015
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION I MINIMUM $328.00 AFTER 6 MONTHS 363.28 12 402.36
18 445.64 24 493.58 30 546.68
36 605.48 42 670.62 48 742.75
24 EXHIBIT 3 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION II MINIMUM $356.00 AFTER 6 MONTHS 393.08 12 434.02
18 479.22 24 529.14 30 584.25
36 645.10 42 712.29 48 786.48
WAGE CLASSIFICATION Ill MINIMUM $370.50 AFTER 6 MONTHS 409.25 12 452.06
18 499.34 24 551.57 30 609.27
36 672.99 42 743.39 48 821.14
25 EXHIBIT 3 (Continued)
TEMPORARY NONCOMMISSION EMPLOYEES
I WAGE LENGTH OF SERVICE SCHEDULE I
WAGE CLASSIFICATION IV MINIMUM $409.50 AFTER 6 MONTHS 448.88 12 492.05
18 539.37 24 591.25 30 648.11
36 710.44 42 778.76 48 853.66
WAGE CLASSIFICATION V MINIMUM $430.50 AFTER 6 MONTHS 477.83 12 530.37
18 588.69 24 653.42 30 725.26
36 805.01 42 893.52 48 991.77
26 EXHIBIT 4 ARTICLEV
NONCOMMISSION CLASSIFICATIONS AND JOB TITLES
CLASSIFICATION
Office Assistant
II Accounting Office Assistant NYPS Composer Publishing Support Assistant Sales Support Assistant Senior Office Assistant Telemarketing Administrator
Ill Computer Specialist Directory Production Associate Quality Analyst
IV Artist Customer Relations Representative
v Customer Service Specialist Directory Artist
27 ARTICLE VI HOURS OF WORK (This Article applies to all employees except Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives)
Section 1. Normal Work Week. Forty hours consisting of five scheduled tours of eight hours each shall constitute the normal work week; however, if service requirements demand, the forty scheduled hours may be spread over any six days in the calendar week. Tours may fall on any days of the week necessary to meet service requirements.
Section 2. Normal Tours.
a. A tour for full-time employees shall be considered as consisting of two sessions, each of which shall not be less than three hours, nor mOie than five houis in length, exclusive of overtime periods. When the nature of the employee's assignment requires constant attention at the post of duty, the tour is assumed to be divided into two sessions.
b. A work day shall be the day on which a tour or session shall start. All time scheduled, assigned, or worked during or contiguous to a tour shall be considered as falling on the day the tour started.
Section 3.
a. Full-time Tours. Full-time tours of work shall be divided into two sessions.
b. Part-time Tours. Part-time tours may be assigned.
c. Day Tours. A day tour shall be one which falls wholly within the period from 6 a.m. to 6 p.m.
d. Night Tours. A night tour shall be one which fails wholly or partially between the hours of 6 p.m. and 6 a.m.
e. Sunday Tours. A Sunday tour shall be one which starts at or after 12 midnight Saturday and before 12 midnight Sunday. 28 Section 4. Tour Selection.
a. Assignment of Tours. Subject to the needs of the business and abilities of the employees involved, employee preference in the assignment of tours shall be taken into account in order of seniority among full-time employees within the affected work group.
b. Opportunities for Choice of Tours. Opportunities for choice of tours will be arranged for a maximum of up to 4-month intervals.
c. Additions to Work Group. If a vacancy occurs on another tour, employees may, on a seniority basis, move from other tours to fill that vacancy before an employee who is newly hired, upgraded, transferred in, reinstated from leave of absence or otherwise added to an affected work group fills the vacancy. This will be effective for only the remainder of the existing tour.
d. Exchange of Tours. If two employees wish to exchange tours on a given day, and both are agreeable to the exchange to convenience one or the other, such a change may be approved at Management's discretion.
Section 5. Assignment of Nonworking Days. Assignment of nonworking days shall take into account both the service requirements and the preferences of the employees.
Section 6. Callout Time. Employees who report for special duty at the Company's request on a scheduled day off shall be paid at the rate applicable to such work time for a minimum of two hours except that this minimum shall not apply if the special time worked on such duty immediately precedes regular scheduled tours.
Section 7. Assigned Overtime. Excluding work on an Authorized Holiday, an employee will not be assigned to work overtime, either on a scheduled day or a nonscheduled day, in excess of ten hours in a calendar week during seven months in a calendar year or in excess of fifteen hours in a calendar week during five months in a calendar year unless the employee consents to such overtime assignment, with the following exceptions:
29 a. in case of emergency---such as an event of national, state or local importance, fire, explosion, or other catastrophe, severe weather conditions, equipment failure, operational crisis, or an act of God, etc.;
b. long term service difficulties;
c. the employee involved is the "employee on job;" or
d. the employee is directed or assigned to work on a day not scheduled as a work day, in which case the employee will remain on duty as required during the hours so directed.
The Company shall specify the months, which need not be contiguous, by Department and location, in which the overtime limitations referred to above shall apply.
Section 8. Relief Periods. Employees shall be assigned or allowed one fifteen-minute relief period to start not less than one hour from beginning or end of each session when working in Company buildings unless unusual conditions develop.
Section 9. Extra Payments On Divided Tours. When an employee works both sessions of a divided tour in which the sessions are separated by three hours or more, the Company will reim burse the employee in the amount of two dollars ($2.00) per tour for transportation expense.
ARTICLE VII WORK SCHEDULES (This Article applies to all employees except Account Representatives and Senior Account Representatives)
Section 1. Subject to any changes made prior to 12 noon of each Friday, work scheduled for the next calendar week shall be officially posted or furnished by the Company for bargained-for employees to show the scheduled tours the employee is to work that week, the starting and ending time of each of the tours making up his or her scheduled work week, and the length of the period to be allowed for meals. If no change is so posted or furnished prior to the time specified above, the schedule in effect for the employee for the last calendar week assigned to work shall be considered as that employee's work schedule for the next calendar week. Except as to scheduled time when excused with pay, each such employee shall be entitled to work throughout 30 the work schedule applicable to him or her during the next calendar week, provided that the physical condition and conduct of the employee permit such employee to satisfactorily perform his or her regular work, and a sufficient period of time for adequate rest has elapsed since the employee last worked. The term "regular work" hereinabove shall be deemed to include the work which the supervisor may direct the employee to perform.
Such work schedules may not include more than five eight-hour tours per week for any such employee. In those calendar weeks during which an Authorized Holiday is observed (Monday through Saturday), each such Authorized Holiday shall be included as one of the five eight-hour tours for a full-time employee.
If it is known, prior to the time that the weekly work schedule is officially posted or furnished as provided above, that it will be necessary for an employee to work on Sunday of that scheduled week, Sunday shall be treated as one of the normally scheduled work days as addressed in Section 1, Article VI, Hours of Work.
Section 2. Scheduled Tour and Scheduled Hours. A scheduled tour shall be one appearing in a work schedule posted or furnished as provided in Section 1. above. Any time not included within the hours appearing on such schedule shall be considered as outside scheduled hours except that the provisions of Article V, Basis of Compensation, Section 3.(b) shall apply to part time employees.
Section 3. Change of SN-Day (Day Off) or Scheduled Hours At Request of Employee. Scheduled tours or any of the hours of such tours may with the approval of the supervisor be changed, if for personal reasons, other than sickness, an employee wishes to shift his or her SN day (day off) or wishes to change any of the hours of his or her scheduled tour or session, provided service and coverage requirements as determined by Management permit and that such change does not 1nvolve the payment of premium overtime to the employee making the request or to any other employees involved. If replacement of the employee making the request is necessary, it will with the approval of the supervisor, be the responsibility of that employee to arrange an exchange of tours or hours with some other employee having the necessary qualifications. In order to prevent misunderstandings, a form or memorandum shall be signed by the supervisor and the employee or employees involved, acknowledging the fact that the change of tours or hours is made at the employee's request. When scheduled tours or hours are changed at the employee's request, neither the employee making the request nor any other
31 employees involved in the change shall be entitled to any premium overtime pay otherwise applicable for such time worked.
ARTICLE VIII EXCHANGE TIME (This Article applies to all employees except Account Representatives and Senior Account Representatives)
Section 1. Defined. Exchange Time allows an employee to request time off during a scheduled work day. Granting of Exchange Time will be at Management's discretion. If approved, the employee and Management enter into an agreement reflecting the employee's request and when the time will be made-up during that particular work week.
Section 2. Implementation and Termination Within Specific Work Groups. Upon the mutual written agreement of the Company and Union, "Exchange Time" programs may be implemented within specifically designated and defined work groups. Any "Exchange Time" program so implemented within a specific work group may be terminated upon thirty (30) days written notification by either the Company or Union.
32 Section 3. Priority of Requests. a. Exchange Time will be granted on the basis of the earliest request (first come, first served) and must be requested in advance in writing on request forms supplied by the Company and filled out by each employee requesting Exchange Time. Any such request must be approved in writing by the requesting employee's immediate supervisor in order to be considered as granted. b. The granting or denial of requests will be decided by Management at its discretion.
Section 4. Treatment of Exchange Time allowed During a Scheduled Work Week. a. Exchange Time must be requested and taken in increments of 15 minutes or more. A maximum of four hours of Exchange Time can be granted during any scheduled work week. b. Exchange Time allowed during a scheduled work week must be made-up within that scheduled work week. The time must also be made-up in increments of 15 minutes. c. Exchange Time that is not made-up during a scheduled work week will be handled in two ways:
(1) If the absent time requested would have been excused time, the time not made-up will be excused time.
(2) If the absent time requested would have been unexcused time, the time not made up will be unexcused time.
33 d. When it is necessary, due to job requirements or other conditions, a determination of supervisor availability must be made prior to the granting of Exchange Time. In cases where the Exchange Time has already been taken, and due to the needs of the business, the scheduled make-up time cannot be taken as agreed, every attempt will be made by Management to reschedule the make-up time within the work week.
e. All Exchange Time must occur within two hours prior to the start of the tour and two hours after the tour concludes.
f. Exchange Time made up in advance must be maintained within the parameters of a work week.
Section 5. Exclusions of Exchange Time.
a. Incidents of tardiness and/or absence cannot be made-up with Exchange Time.
b. All Exchange Time outside of regularly scheduled hours will not be considered as overtime worked for any purpose.
34 ARTICLE IX HOLIDAYS
Section 1. Authorized Holidays. Ten (1 0) Authorized Holidays shall be observed as follows:
New Year's Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas Day Labor Day Three (3) Designated Holidays (See Note)
Note: Each employee who could complete six (6) months of service within the calendar year shall be eligible tor three (3} Designated Holidays. An eligible employee will designate three (3) days in the same vacation year or three (3) days prior to April 1 of the following calendar year, other than a Saturday, a Sunday, or another Authorized Holiday, for the days to be observed as the employee's Designated Holidays. Unlike other Authorized Holidays, Management cannot require an employee to work on his or her Designated Holidays. When an Authorized Holiday falls on Sunday, it shall be observed on the following Monday.
Section 2. Holiday Tours. Holiday tours are those which begin on the Authorized Holiday.
Section 3. Holiday Pay.
a. Insofar as service requirements permit, full-time employees (except absentees) shall be excused from duty without loss of pay on an Authorized Holiday. A part-time employee (except an absentee) shall receive a prorated holiday allowance based on the relationship of the employee's equivalent work week classification to the normal work week of a comparable full-time employee in the same job title, classification, and work group.
Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives excused on an Authorized Holiday (except absentees) shall be paid in accordance with Article XXVII.
35 Note: An employee who meets the requirements of Section 3.a. above shall be eligible for a holiday allowance for New Year's Day if he/she is on the actual payroll on the preceding December 31.
b. Employees, except Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives, and certain part-time employees shown in paragraph c. below, required to work on an Authorized Holiday shall be paid for their work (in addition to their holiday allowance) at the rate of one and one-half times the basic hourly rate for the first eight hours worked and thereafter at the rate of two and one-half times the basic hourly rate for additional hours worked on an Authorized Holiday.
One evening or night differential shall also be paid to employees (except absentees) either excused from working or required to work an evening or night tour on an Authorized Holiday in accordance with Section 5. of the Article V, Basis of Compensation.
c. Part-time employees who are required to work on an Authorized Holiday shall be paid for their work (in addition to their holiday allowance) at the equivalent basic hourly rate for a comparable full-time employee working a normal daily tour in the same job title, classification and work group.
Section 4. Absentee. An "absentee" for the purpose of this Article is an employee who (a) does not work on the Authorized Holiday and who is absent from assigned work on the scheduled work day next preceding and the scheduled work day next following the Holiday, without being excused by the supervisor prior to such absence, or (b) is absent on the Holiday without being excused by the supervisor prior to such absence.
Section 5. None of the provisions of this Article shall be applicable to any empioyee whose particular term of employment is to be three weeks or less.
ARTICLE X VACATIONS
Section 1. Vacation Eligibility. Subject to the provisions of Sections 3, 4, 8, and 9, hereof, vacations with pay shall be accrued during the vacation year to each employee, except upon 36 dismissal for misconduct, who shall have completed a period of six months' employment since date of engagement or reengagement, whichever is later, and who has performed work for the Company within the vacation year---as follows:
a. One week's vacation to any such employee who has completed six months of service;
b. Two weeks' vacation to any such employee who has completed twelve months of service;
c. Three weeks' vacation to any such employee who completes seven or more but less than fifteen years of service within the vacation year;
d. Four weeks' vacation to any such employee who completes fifteen or more but less than twenty-five years of service within the vacation year;
e. Five weeks' vacation to any such employee who completes twenty-five or more years of service within the vacation year.
*New Hire Eligibility
Service Then the Employee is eligible for: If only the first 6 months of Service is • 5 Vacation days beginning on or completed in the Calendar Year of after the 6 month anniversary date Hire and • 10 Vacation days beginning on or after the one year anniversary date (in the followirlfl Calendar Year}_. If both the 6 and 12 months of • 5 Vacation days beginning on or Service are completed in the same after the 6 month anniversary date Calendar Year and • 5 additional Vacation days beginning on or after the 12 month anniversary date.
Note A: Where eligibility for a vacation week under either of the first two subparagraphs of this Section first occurs on or after December 1 of a vacation year, such vacation week may be provided in the next vacation year provided it is completed prior to April 1 and completed prior to the start of vacation for such following year.
37 Note B: The service prescribed above shall be the Net Credited Service as determined by the pension plan administrator.
Note C: A vacation year shall begin January 1 and end December 31. All employees will be required to use all vacation time accrued in the Calendar Year.
Note D: When an employee reaches a milestone anniversary year (for example, seven, fifteen, or twenty-five years) of net credited service, he or she will be eligible to take the additional week of Vacation upon reaching the actual net credited service date. Employee who will celebrate a milestone service anniversary in December of the current Calendar Year will be allowed to use the additional week provided prior to April1 of the following Calendar Year.
Note E. After employees reach their initial (6) months of net credited service, vacation days are accrued proportionately during the Calendar Year.
Section 2. Holiday Falling Within a Vacation Week. When an Authorized Holiday falls in a week during which an employee is absent on vacation, an additional day of vacation with pay shall be provided later, in the same vacation year. When such additional day of vacation is for the Authorized Holiday of Christmas Day, it may also be granted immediately preceding the vacation. Such additional day of vacation will be selected in net credited service order within each vacation group subsequent to the scheduling of full vacation weeks and should be provided to the extent practicable consistent with force requirements and the needs of the business.
Section 3. Separations Through Dismissal, Layoff, Resignation, Retirement, or Death. An employee who is leaving the Company, unless for reasons of misconduct, will be paid in lieu of all vacation he or she has accrued but has not used in the Calendar Year. To determine the number of "accrued" current year vacation days for employees who have completed at least six months of service and who are eligible (as noted in Section 1.a. above) to be paid in iieu of, see the chart below:
Month Annual Eligible Vacation Hours Employee (See eliqibilitv above for number of eliqible weeks Leaves 5 Days or 110 Days or 115 Days or I 20 Days or I 25 Days or Company 1 Week 2 Weeks 3 Weeks 4 Weeks 5 Weeks or (40 Hours) (80 Hours) (120 Hours) (160 Hours) (200 Hours) (Credited Months) Number of "Earned" Current Year Vacation Hours 38 Jan. (1) 3 7 10 13 17 Feb. (2) 7 13 20 27 33 Mar. (3) 10 20 30 40 50 Apr. {4) 13 27 40 53 67 Mav(5) 17 33 50 67 83 Jun. (6\ 20 40 60 80 100 Jul. (7) 23 47 70 93 117 Aug. (8) 27 53 80 107 133 Sep. (9) 30 60 90 120 150 Oct. (10) 33 67 100 133 167 Nov. (11) 37 73 110 147 183 Dec. (12) 40 80 120 160 200
Note: Employees who are service pension eligible and retire from the business with a service pension, and employees who are laid off permanently directly due to the outsourcing of their jobs, will be paid out their accrued unused vacation as though it was granted based on the number of years of net credited service and not based on the accrual of vacation language.
If an employee dies before receiving his/her accrued unused vacation for the vacation year, as provided for in Section 1. of this Article, payment in lieu of vacation shall be made as though it was granted based on the number of years net credited service and not based on the accrual language.
Section 4. Leaves of Absence and Transfers Prior to Vacation. An employee who goes on a leave of absence or is transferred to some other associated company before receiving the vacation to which such employee has become entitled shall, at the employee's election, prior to the time of leaving be given such accrued vacation. If an employee does not elect to take such accrued vacation prior to going on a leave of absence and does not return to work and is not transferred to some other associated company within the vacation year, the employee shall, upon written application to the Company within the vacation year, be entitled to receive an allowance in cash equai to and in iieu of the accrued vacation to which he or she was entitled at the time of leaving.
Section 5. Illness Associated with Vacation.
a. An employee who becomes ill and notifies his or her supervisor before the beginning of his or her vacation period (normally Saturday midnight) may have that vacation period cancelled and rescheduled.
39 b. An employee who becomes ill during a vacation period, and notifies his or her supervisor before the beginning of any subsequent contiguous week, may have such subsequent contiguous week cancelled and rescheduled.
c. Such rescheduled vacation week(s) as set out in a. and b. above may not be carried over into the next calendar year except as provided in Section 1 , Note A, and shall be scheduled taking into account both the service requirements and preferences of the employee. The Company may at its option require satisfactory medical evidence to substantiate the illness referred to in a. and b. above. For all purposes, the first day of absence under this Section shall be the first day previously scheduled as vacation in the cancelled vacation week.
Section 6. Vacation Pay for Full-time Employees. Full-time employees shall be paid for each week of accrued vacation at the basic rates of pay (including any evening or night differentials to the extent normally applicable to the employees' regularly scheduled tours) for the time constituting a full-time work week at the time of their vacations. Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives shall be paid in accordance with Article XXVII.
Section 7. Vacation Pay for Part-time Employees. Part-time employees who work regularly shall be paid for accrued vacations on the basis of the time which constitutes their normal work week at the time of their vacations at the basic rates of pay (including any evening or night differentials to the extent normally applicable to the employees' regularly scheduled tours).
Section 8. Vacation Scheduling.
a. Scheduling of vacations for the vacation year shall be in net credited serv1ce order within the vacation group and should be provided to the extent practicable consistent with force requirements and the needs of the business.
b. Insofar as service requirements permit, employees eligible to more than one week of accrued vacation may split their vacations into periods of not less than one week except as provided in c. below. Vacations shall usually start on the first day of the calendar week.
40 c. (1) Employees may elect to take one (1) week of vacation (five paid vacation days) on a day-at-a-time basis at the time the vacation schedule is initially assigned. Employees eligible for three (3) weeks of vacation may elect to take two (2) weeks of vacation on a day-at-a-time basis at the time the vacation schedule is initially assigned. Employees eligible for four (4) or more weeks of vacation may elect to take three (3) weeks of vacation on a day-at-a-time basis at the time the vacation schedule is initially assigned. Individual vacation days may be taken in half-day increments. The actual days to be scheduled on a day-at-a-time, or half-day increment basis, will be assigned subsequently.
Employees engaged or reengaged after the schedule has been posted, and who will become eligible for vacation within the calendar year, may elect to schedule one (1) week of vacation on a day-at-a-time basis, two (2) weeks of vacation on a day-at-a-time basis if eligible for three (3) weeks of vacation or three (3) weeks of vacation on a day-at-a-time basis if eligible for four (4) or more weeks of vacation, at the time of their addition to the group.
(2) Individual vacation days and days to be taken in half-day increments (exclusive of Sundays and Authorized Holidays) may be provided to employees on the basis of the earliest request without regard to net credited service. If the employee has not received all five (5) days of vacation, or ten (10) or fifteen (15) days of vacation, if applicable, on a day-at-a-time or half-day increments basis, those vacation days or half-day increments remaining will be scheduled and taken during such week(s).
(3) Individual vacation days or half-day increments will be granted to an employee while on Company duty outside the metropolitan area where the employee is headquartered. In such event, the employee shall be entitled to receive no more compensatron, allowances, or expense reimbursement than such employee would receive if located in his or her headquarters metropolitan area. d. Vacation schedules (subject to change) shall be posted or furnished once a year prior to January 31 of the vacation year. e. As stated in c.(1) above, employees must first express preferences for full weeks of vacation in net credited service order within the vacation group and must also, at the time of expressing such preferences, indicate whether they elect to take one (1) week of 41 vacation on a day-at-a-time basis, or two (2) weeks of vacation on a day-at-a-time basis, if eligible for three (3) weeks of vacation, or three (3) weeks of vacation on a day-at-a time basis if eligible for four (4) or more weeks of vacation.
In a subsequent interview by Management, also in net credited service order within the vacation group, employees may also select three (3) Designated Holidays, as provided in Article IX of this Agreement; full day-at-a-time vacation days, as provided in c.(1) above; additional days of vacation, as provided in Section 2 of this Article; and Excused Work Days (whether paid or not paid), as provided in Article XI of this Agreement.
Employees who do not select specific days in this subsequent interview and employees who elect to take half-day increments, wi!l be provided such days or half-day increments, force requirements and the needs of the business permitting, on the basis of the earliest request ("first come, first served") to the employees' immediate supervisor.
Except for Management-designated Excused Work Days, for administrative purposes but not for pay purposes, all time off subject to scheduling under this provision shall be treated in the same manner as vacation time.
42 Section 9.
a. In the event an employee, in accordance with Section 1. of this Article, is assigned a vacation week which begins during the last week of December of the vacation year, that portion of such vacation week which falls in the next vacation year shall be treated as though it occurred in the vacation year in which the week began for purposes of vacation eligibility.
ARTICLE XI EXCUSED WORK DAYS
Section 1. Eligibility.
a. Each full-time employee who has at least six (6) months of net credited service on the first day of the vacation year shall be eligible for four (4) Excused Work Days with pay and one (1) Excused Work Day without pay during such vacation year. Each full-time employee who has less than six (6) months of service on the first day of the vacation year, or who is hired after the first day of the vacation year, shall be eligible for two (2) Excused Work Days with pay and one (1) Excused Work Day without pay to be scheduled and taken after six (6) months of service is completed. Excused Work Days may be taken in two (2)-hour increments.
b. Part-time employees who fulfill the service requirements of Section 1.a. above, shall be eligible for Excused Work Days on a pro rata basis, based upon the ratio of any such part-time employee's equivalent work week to the normal work week of a comparable full time employee.
Note: A "two (2)-hour" increment for employees with shortened tours shall be one-fourth (1/4) of the total number of hours comprising the full-time tour as defined in Article VI, Hours of Work, Section 2., Normal Tours.
Section 2. Pay Treatment for Paid Excused Work Day Not Worked. Employees who do not work on their paid Excused Work Day or two (2)-hour increment thereof shall be paid as if for a normal or standard day or two (2)-hour increment worked provided they are on the active payroll of the Company on that Excused Work Day or two (2)-hour increment. 43 Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives shall be paid in accordance with Article XXVII.
If, before receiving the paid Excused Work Day(s) or two (2)-hour increments thereof to which he or she has become entitled, an employee is dismissed (except for reason of misconduct), laid off, resigned, or retired, such employee shall be entitled to an allowance in cash equal to and in lieu of such paid Excused Work Day(s) or two (2)-hour increments thereof.
If an employee dies before receiving his or her paid Excused Work Day(s) or two (2}-hour incre ments thereof, payment in lieu of shall be made for any such days or two (2)-hour increments to the employee's estate.
Section 3. Excused Work Day Designated by the Company. One paid Excused Work Day in each calendar year may be designated by the Company for employees in an administrative work group (as designated by the Company) or in any larger group, including the entire Company. Employees (except occasional employees) in any such group for which an Excused Work Day is designated by the Company and who are not otherwise eligible for a paid Excused Work Day shall be excused and paid for such designated day provided they are on the active payroll of the Company on the designated Excused Work Day.
Section 4. Selection. Employee choice of Excused Work Days (including the unpaid Excused Work Day, if desired) will be in seniority order within each vacation group, and will be granted to the extent practicable consistent with force requirements and the needs of the business. Such selection will be subsequent to the scheduling of full vacation weeks. Excused Work Days not scheduled at the time and Excused Work Days to be taken in two (2)-hour increments will be selected subsequently, on the basis of the earliest request to the employee's supervisor. The period during which these Excused Work Days may be scheduled shall extend through March 31st of the following calendar year.
Section 5. Employees Absent for Other Reasons on Their Paid Excused Work Days. Employees who are on vacation or absent with pay on their paid Excused Work Day or two (2) hour increment thereof for reasons other than having observed it as an Excused Work Day or two (2)-hour increment thereof shall have their paid Excused Work Day or two (2)-hour increment
44 thereof rescheduled if a vacation day would have been rescheduled under the same circum stances.
Section 6. Employees Who Agree to Work on Their Paid Excused Work Days. If employees agree to work on their paid Excused Work Day or two (2)-hour increment thereof and the Company determines that the day or two (2)-hour increment cannot be rescheduled, they shall be paid as applicable in accordance with the following:
a. Employees who agree to work before the work schedule becomes fixed shall receive one day's pay or two (2)-hours' pay in lieu of their Excused Work Day or two (2)-hour increment thereof and shall in addition be paid in accordance with the provisions of this Agreement covering work on a scheduled day of work.
b. Employees who agree to work after the work schedule becomes fixed shall receive one day's pay or two (2)-hours' pay in lieu of their Excused Work Day or two (2)-hour incre ment thereof and shall in addition be paid in accordance with the provisions of this Agreement covering work on a nonscheduled day.
c. Time worked by an employee on his or her Excused Work Day or two (2)-hour increment thereof shall be considered time worked on a regular scheduled day of work for all purposes, except as is otherwise expressly provided in this Article.
Section 7. All employees will be given four (4) Special Christmas Days paid at salary for the years 2014 and 2015. For the years 2014 and 2015, the Company will be closed the week between the Christmas and New Year holidays.
ARTICLE XII ABSENCES FROM DUTY
Section 1. Leaves of Absence.
a. Insofar as the requirements of the business permit, leaves of absence without pay will be granted upon request for good cause and for reasonable lengths of time. The intention of the employee with respect to return to work shall be established in writing between the
45 employee and the Company at the time the leave is granted and a copy shall be furnished the employee at the time the leave is granted.
b. Leave of absence procedures for Union representatives on Union business as established by the current Agreement of General Application between the Union and the Company shall be applicable to such employees in the Bargaining Unit.
Section 2. Military Training Duty and Emergency Duty.
a. The provisions of this Section apply only to regular employees (and to temporary employees having one or more years of continuous service since date of engagement or reengagement, whichever is later) who are members of the National Guard, Air National Guard, Army Reserve, Air Force Reserve, Naval Reserve, Marine Corps Reserve, or Coast Guard Reserve.
b. An employee called (1) for training duty in any organization listed in a., or (2) for emergency duty in the National Guard or Air National Guard, if such duty requires absence during hours in which he or she otherwise would be on scheduled Company duty, shall be excused or granted a leave of absence for such cause for a period or periods not exceeding in the aggregate fifteen (15} calendar days in the same calendar year.
c. If absence on such leave is continuous, difference in pay shall be allowed for not exceeding the first eleven (11) scheduled work days falling within the period of the excused absence. If the absence is not continuous, difference in pay shall be allowed for the number of scheduled work days falling within the periods of excused absence, but not to exceed the first eleven (11) such days within the calendar year. Time absent for training duty under b. (1) and time absent for emergency duty under b. (2) shaii be treated separately with no effect of one upon the other as to eligibility for pay treatment.
d. The term "difference in pay," as used in c. for hours absent on a scheduled work day means the excess, if any, of Company pay at the employee's basic hourly rate for such absent time (plus any evening or night differentials, to the extent normally applicable} over the hourly equivalent of the employee's government pay obtained by dividing the monthly government pay rate by 240. "Company pay" of Senior Account Representatives, Account Representatives, New Media Representatives, Sales 46 Representatives, Business Acquisition Representatives, and Retention Representatives will be computed as set forth in Article XXVII. For this purpose, government pay shall be the monthly rate of compensation including basic pay, and, where quarters allowances are received because of dependents, the excess, if any, of such allowances established for members of the armed forces with dependents over those established for members of the armed forces of equal rank without dependents.
Section 3. Jury, Witness, Voting, and Election Duty. Employees (other than Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives who shall be allowed pay in accordance with Article XXVII) shall be allowed pay for necessary scheduled time absent due to jury, witness, or election duty. Payment for such absent time shall consist of basic pay and any extra payments for evening or night work which would otherwise have been received had the regular scheduled tour been worked. Subject to the provisions of any applicable State or Federal law, any employee entitled to vote shall be excused from Company duty on election day for the necessary time required to vote without deduction in pay for such absence.
Section 4. Funerals.
a. In accordance with paragraphs (1 ), (2) and (3) below, employees shall be allowed pay for absence from scheduled time because of death in their immediate family. Payment for such absent time shall consist of basic pay and any extra payments for evening or night work which would otherwise have been received had the regular scheduled tour been worked. The term "immediate family" is defined as consisting of wife, husband, daughter, son, daughter-in-law, son-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandmother, great-grandmother, grandfather, great grandfather, grandson, great-grandson, granddaughter, great-granddaughter, stepmoiher, stepfather, stepson, stepdaughter, parent of employee's dependent child, legally recognized partner, or any other relative living in the same household as the employee. In addition, an employee's "close relatives" will be defined as aunt, uncle, niece and nephew. (Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives and Retention Representatives shall be paid in accordance with Article XXVII.)
47 (1) In the event of a death in the immediate family as noted in paragraph a. above, an employee will be allowed pay for absence from scheduled time, from the day of death through the day of the funeral, not to exceed three (3) days.
(2) In the event of a death in the close family as noted in paragraph a. above, an employee will be allowed pay for one (1) day for the day of the funeral service. In cases where long distances are involved, paid funeral leave of no more than two (2) days, one of which must be the day of the funeral service, may be granted.
(3) In the event of death of an employee's wife, husband, daughter, son, mother, father, or legally recognized partner, an employee shall, upon the employee's request, be excused from scheduled time up to an additional five (5) days. Paid individual days may be substituted for these excused days at the employee's option.
Section 5. Illness.
a. Payment shall be made to employees having one or more years of Net Credited Service for absence due to illness on scheduled work days, in accordance with the following table:
To Be Paid After Waiting Employees with Net Periods of Consecutive Credited Service of Scheduled Working Days
1 year but less than 5 Of 2 days 5 years but less than 8 Of 1 day 8 years and over No waiting penod
b. No payment will be made for any part of the waiting period set out above.
c. A day in the waiting period shali be considered as an absence of eight hours from scheduled time on one day or on two consecutive scheduled work days. If, on the scheduled work day on which the absence begins, the absence is not a full day of absence but is as much as one full session, the waiting period shall include that session
48 whether it be the first or second session of that day's tour. During subsequent days, absence must be continuous.
d. No payment hereunder shall be due for any time absent beyond a period of seven consecutive calendar days beginning with the day on which the employee is absent during a full scheduled tour of duty.
e. For purposes of this Article, tours are the assignments for full days and sessions are the two parts into which tours are divided.
f. Payment made for absent time (other than for Senior Account Representatives, Account Representatives, New Media Representatives, Sa!es Representatives, Business Acquisition Representatives, and Retention Representatives) shall consist of basic rates and any extra payments for evening or night work which would otherwise have been received had the regular scheduled tour been worked.
g. For Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives, payments made for absent time shall be in accordance with Article XXVII.
Section 6. Quarantine. An employee having two or more years of Net Credited Service shall be allowed pay in accordance with the provisions of Section 5. of this Article for absence from scheduled time determined by the Company to be necessary because of quarantine.
Section 7. Military Leaves of Absence for Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives (Active Duty). Leaves of Absence for Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives who enter active duty in the armed forces of the United States shall be subject to the provisions of any agreement applicable to these employees, and where under any such agreement it becomes necessary to compute the "Company pay" of Senior Account Representa tives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives, such pay shall be determined in ac cordance with Article XXVII. 49 ARTICLE XIII SENIORITY (This Article applies to ail employees except Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives)
Section 1. Length of service (Net Credited Service as determined by the pension plan administrator) shall be taken into account in the treatment of employees insofar as the conditions of the business and the abilities of the employees permit.
ARTICLE XIV JOB VACANCY
Section 1. Job Vacancy Requests.
a. An employee may request a change in his/her present job title and/or location by submitting an on-line application to open job vacancies via the internal careers portal. All such requests shall be deemed to be employee initiated.
b. An employee who is offered an opportunity to fill a vacancy, as defined in Section 3.a. below, shall notify the Company of his/her acceptance within two (2) business days of the offer when no relocation is involved, or within three (3) business days of the offer if a relocation is involved. Failure to so notify shall constitute the employee's rejection of the offer and the job vacancy request for the job title(s), wage classification and/or iocation rejected shall be cancelled. An employee shall not be permitted to submit a new job vacancy request for the same job title(s), wage classification or same location for six (6) months following the date of rejection.
Section 2. Time-In-Title and Location.
An employee shall not be eligible for transfer to any other job title or location until such employee has completed the time-in-title and location requirements in the respective job title or 50 classification as set forth below. Time-in-title and location requirements may be waived when required by the conditions of the business or for personal reasons affecting the employee.
51 Time-In- Title Location
(1) Wage Classifications I. 6 months 6 months
(2) Wage Classifications II and Ill. 12 months 12 months
(3) New hires in job titles included in 12 months 12 months (1) and (2) above.
(4) Wage Classifications IV and V, 24 months 12 months Account Representatives, Sales Representatives, New Media Representatives, Business Acquisition Representatives, and Retention Representatives.
(5) Senior Account Representatives. 36 months 36 months
Section 3. Vacancy.
a. For purposes of this Article, a vacancy shall be deemed to exist when (1) Management determines that a permanent addition to the work force is required; or (2) a position is vacated on a permanent basis and Management determines that such position will not be filled under Section 3.b.
b. No vacancy shall be deemed to exist when Management determines that a position is to be filled:
(1) on a temporary basis;
(2) by an employee returning from a leave of absence, including military leaves of absence, to the same, equivalent or lower level job;
(3) by the employee initially displaced by the return of an employee from military leave of absence;
(4) by an employee returning from a special Company training program; 52 (5) by an employee returning from disability absence;
(6) by reemployment of a laid-off employee;
(7) by Company-initiated laterals or downgrades for force rearrangements within the metropolitan area; or
(8) by Company-initiated laterals or downgrades for force adjustments that involve surplus conditions; or
(9) by Company-initiated upgrades for force adjustments that involved surplus conditions and the employee initially displaced is protected under the Reassignment Pay Protection Program. c. The Company shall post and make available to employees, a list of current vacancies, via the internal career portal.
53 Section 4. Order of Consideration.
a. When the Company determines that a vacancy, as defined in Section 3.a., shall be filled from valid job vacancy requests on file, those requests shall be considered in the following order or priority:
(1) within the State,
(2) within the Company.
Note 1: The Kansas City, Missouri/Kansas City, Kansas metropolitan area shall be considered as being within the states of Kansas and Missouri.
Note 2: The Springfield, Missouri area shall be considered as being within the states of Missouri and Oklahoma.
Section 5. Selection.
a. When a vacancy shall be filled in accordance with Section 4. above, the selection of an employee shall be on the basis of length of service (NCS) when demonstrated abilities are substantially equal and the service requirements permit.
b. Upon request by an authorized union official, the Company shall advise the Union within a reasonable period of time of the name, title, NCS date, and location of the individual accepting the job, together with the effective date of the transfer. Upon request by an authorized union official, the Company shall also provide the Union a list of all senior employees whose job vacancy requests were considered by the Company, but who were not offered the job.
54 Section 6. Employee Retreats. a. An employee who has accepted a transfer involving a change in title under this Article, may elect to retreat to the former job, or an equivalent job if the former job is not availa ble, within 120 calendar days following the effective date of transfer. Where the transfer involves four (4) or more weeks of formal classroom training, the release date shall be at Management's discretion. Upon the receipt of the employee's request to retreat, Management will change the employee's title to that of the position to which he/she is retreating. Should the release date extend beyond fourteen (14) or more calendar days, and the title change is to a downgraded position, the provisions of Article XVI, Temporary Work in Higher Positions, will be applicable. b. An employee who retreats shall thereafter be required to remain in the title and location for the applicable period of time, as provided in Section 2. above.
Section 7. Other. a. Time-in-title and location requirements shall not apply with respect to any Company initiated move. b. Notwithstanding any other prov1s1on, the Company shall retain the right to make placements for the purpose of placing an employee when justified by personal reasons affecting the employee. c. Notwithstanding any other provision, the Company shall retain the right to fill a vacancy with any individual in a manner other than as provided in Section 4. above, for the purpose of:
(1) employing qualifying handicapped individuals;
(2) complying with affirmative action requirements;
(3) complying with requirements of the law; or
(4) satisfying the demands of the job.
55 ARTICLE XV PROMOTIONAL PAY TREATMENT
Section 1. Each employee promoted from one job in the Bargaining Unit to another job in the Bargaining Unit with a stated wage progression schedule and having a higher-established top rate of pay whether into or within job categories, shall have his or her rate of pay in the higher rated job determined as follows:
a. Upgrades within a job category shall be at full wage experience credit or Net Credited Service, as determined by the pension plan administrator, if its use is more favorable to the employee.
b. When such upgrade results in a change from one job category to another the employee shall be placed on the step of the new wage schedule as determined by allowing the employee full wage experience credit, both in progression and at maximum, on the old wage schedule or Net Credited Service, as determined by the pension plan administrator if its use is more favorable to the employee but not to exceed the number of months step down from maximum on the new schedule as listed in Section 4.
Note: An employee who had previously been at the maximum step of the new Wage Schedule during the three (3) year period immediately preceding the upgrade, and who had been subsequently assigned to a position with a lower wage rate as a result of a surplus situation, shall not be subject to any step down.
c. Except for movement into Job Category I, when the step down from maximum produces a wage rate below the employee's current wage rate, the new rate should then be determined by p1ac1ng the employee on the next step rate in the scheduie for the new job which produces a rate above the employee's current wage rate.
d. Movement into Job Category I will result in a twelve (12) month step down rate.
Section 2. Resultant rates following upgrading shall in no case exceed the top rate for the job to which upgraded.
56 Section 3. Progression following upgrading shall be in accordance with the appropriate provisions in Exhibit 4 applicable to the job titles included in job classifications therein.
Section 4. The following table establishes the number of months step down from maximum referred to in Section 1.b.:
57 No. of Months Upgraded to Step Down From Job Titles and Categories Top Rate
I. Account Representative 12 Retention Representative Business Acquisition Representative New Media Representative Sales Representative Senior Account Representative
1!. Customer Relations Representative 12 Customer Service Specialist
Ill. Accounting Office Assistant 6 Artist Computer Specialist Directory Production Associate NYPS Composer Publishing Support Assistant Quality Analyst Sales Support Assistant Senior Office Assistant Telemarketing Administrator
IV. Office Assistant 0
ARTICLE XVI TEMPORARY WORK IN HIGHER POSITIONS
Section 1. Temporary Upgrade For Noncommission Employees.
a. A temporary upgrade for purposes of this Section shall mean a temporary change in assignment of a noncommission employee to another noncommission position with a 58 higher established maximum rate of pay either to fill an absent employee's assignment or to fill a temporary assignment. b. Employees shall be selected on the basis of length of service when qualifications of the employees are substantially equal and the conditions of the business permit. c. When the Company determines that it is necessary to temporarily upgrade a non commission employee and such upgrade is for a period of fourteen (14) or more consecutive calendar days, the following wage treatment shall apply:
For the period of the temporary assignment the selected employee shall be upgraded to the higher job classification with change of title and promotional pay treatment as provided for in Article XV, Promotional Pay Treatment, of the 2013 Departmental Agreement. d. Employees who are temporarily upgraded under this Section shall be returned to their regular classification and rate of pay when Management determines the temporary assignment is no longer required.
Section 2. Bilingual Differential. a. A bilingual differential consisting of twenty-five (25) dollars per week payable at one-fifth (1/5th) per day for each full tour worked when being assigned to speak and/or translate in a foreign language is the preponderance of his/her duties. This applies to employees that are identified by the Company. b. A bilingual differential consisting of twenty-five (25) dollars per week payable at one fortieth (1/40th) per hour to any employee referenced in paragraph a. above, for each hour worked when being assigned to speak and/or translate in a foreign language is less than the preponderance of his/her duties.
Section 3. All Other Temporary Work in a Higher Position. a. A qualified employee not otherwise covered by the provisions of Section 1. above, who is temporarily scheduled or assigned and does work in a position with a higher established maximum rate of pay throughout a period of two or more full tours in a work week, except 59 for the purposes of training, shall receive for each full tour worked in such position a Classification Differential equal to one-fifth of the amount of the weekly wage progression increase to which the employee would at the time be entitled if the employee were actually changed to the higher applicable classification at the employee's regular location.
b. Employees receiving the Classification Differential described in Section 2.a., above shall be returned to their regular rate of pay when Management determines the temporary assignment is no longer required.
Section 4. Nothing herein shall be construed as requiring the Company to make replacements of absent employees.
60 ARTICLE XVII TRAVEL (This Article applies to all employees except Account Representatives, Senior Account Representatives, and New Media Representatives)
Section 1. General. a. Regular Place of Reporting is defined as the place an employee normally reports to duty and is released from duty. b. Management shall determine and designate the Regular Place of Reporting. c. Time spent traveling during an employee's normal working hours will be treated as work time and will be considered work time for overtime compensation to the extent required bylaw. d. Time spent traveling outside the employee's normal working hours will be treated as travel time and paid at the employee's basic hourly rate. Travel time will be defined as public conveyance time plus two hours. If the employee elects to use their personal car, travel time will be based on the number of hours which would have been counted had the employee traveled by public transportation, or the number of hours actually spent traveling by personal car, whichever is less. Travel time occurring outside the employee's normal working hours will not be considered work time for overtime compensation. e. There shall be no duplication of payments under the provisions of this Article.
61 Section 2. Same Day Temporary Assignment Travel.
a. Travel to Temporary Assignment Within the Same City as the Regular Place of Reporting.
(1) When an employee, as directed by the Company, reports to duty at a place other than the employee's Regular Place of Reporting, the employee will be compensated at the rate of thirty (30) cents per mile for the distance from the employee's residence to the location of the temporary assignment or from the employee's Regular Place of Reporting to the location of the temporary assignment, whichever is less.
(2) Transportation to and from the temporary assignment location will be the responsibility of the employee.
(3) Parking, if incurred, at the location of the temporary assignment, may not exceed $9.00 daily.
b. Travel to Temporary Assignment Outside the City of the Regular Place of Reporting.
(1) When an employee, as directed by the Company, reports to duty at a place outside the city of the Regular Place of Reporting, transportation will be by means approved by the Company. If an employee uses their personal car in lieu of public transportation, the employee will be reimbursed for mileage from the employee's residence to the location of temporary assignment or from the Regular Place of Reporting to the location of the temporary assignment, whichever is less, not to exceed the lowest available public transportation rate. Ihe rate of reimbursement to employees for authorized use of a personal vehicle on Company business is forty-one (41) cents per odometer mile. Effective January 1, 201 0, the rate will be increased to forty-two (42) cents per odometer mile; effective January 1, 2011, the rate will be increased to forty-three (43) cents per odometer mile; effective January 1, 2012, the rate will be increased to forty-four (44) cents per odometer mile; effective January 1, 2013, the rate will be increased to forty-five (45) cents per odometer mile. However, in no case will the rate of reimbursement exceed the IRS allowable reimbursement rate. 62 (2) In the event the employee elects to use public transportation approved by the Company, the employee will be reimbursed as follows:
(a) Local transportation between the employee's residence and the home citys public transportation terminal or from the Regular Place of Reporting to the home citys public transportation terminal, whichever is less, at the rate of fifty (50) cents per mile.
If the employee elects to use their personal car in lieu of local transportation, the employee will be reimbursed as in (1) above.
(b) Transportation from the home city's public transportation terminal to the city of the temporary assignment's public transportation terminal.
(c) Local transportation between the distant city's public transportation terminal and the location of the temporary assignment.
(d) Parking at the home citys public transportation terminal in the designated "Long Term Parking Facility" not to exceed $12.00 per day. The Company may designate what is to be considered the "Long Term Parking Facility" so long as there is shuttle service to the public transportation terminal and reasonable security for parked vehicles.
Section 3. Overnight Temporary Assignment. a. Per Diem Allowance.
(1) Any employee who is required to travel away from home overnight shall be paid a Per Diem allowance as follows:
Departure To Arrival At T emporarv Location Home Location
12 a.m. - 6:59 a.m. $30.00 12 a.m. - 10:59 a.m. $6.50 7 a.m. - 5:00 p.m. $20.00 11 a.m. - 4:59p.m. $14.00 5:01 p.m. - 11:59 p.m. $15.50 5 p.m. - 11 :59 p.m. $30.00 63 NOTE: Departure Time is that time when the employee is reasonably expected to begin traveling to the Overnight Temporary Assignment. Arrival Time is that time the employee would reasonably be expected to arrive at the home work location.
This daily allowance will be reduced when the Company provides meals.
(2) This allowance is to cover all expenses of the employee for the duration of the temporary assignment except for the cost of:
(a) lodging;
(b) round-trip intercity public transportation;
(c) local transportation between the employee's residence and the home city's public transportation terminal or from the Regular Place of Reporting to the home city's public transportation terminal, whichever is less, to be reimbursed at the rate of fifty (50) cents per mile;
(d) local transportation expense between the distant city's public transportation terminal and the designated place of lodging;
(e) local transportation expense, if required and transportation is not otherwise provided, between the designated place of lodging and the location of the temporary assignment; and
(f) parking at the home city's public transportation terminai in the designated "Long Term Parking Facility" not to exceed $12.00 per day, beginning with the day that the employee travels to the temporary location and ending with the day the employee returns to the home location. The Company may designate what is to be considered the "Long Term Parking Facility" so long as there is shuttle service to the public transportation terminal and reasonable security for parked vehicles.
64 b. If an employee is offered public transportation but requests and receives permission from the Company to drive their personal car, the employee will be reimbursed for mileage not to exceed the round-trip intercity public transportation fare which otherwise would have been furnished by the Company. The rate of reimbursement to the employees for authorized use of a personal vehicle on Company business is forty-one (41) cents per odometer mile. Effective January 1, 2010, the rate will be increased to forty-two (42) cents per odometer mile; effective January 1, 2011, the rate will be increased to forty three (43) cents per odometer mile; effective January 1, 2012, the rate will be increased to forty-four (44) cents per odometer mile; effective January 1, 2013, the rate will be increased to forty-five (45) cents per odometer mile. However, in no case will the rate of reimbursement exceed the IRS allowable reimbursement rate. c. When an employee has been temporarily assigned and such assignment requires that the employee remain away from home overnight for a continuous period of four (4) weeks or more, the employee may elect to return to the Regular Place of Reporting on weekends in accordance with the following:
65 Length of Assignment Trip Home
4 to 6 weeks One 7 weeks or more Two
The Company will reimburse the employee for the cost of the round-trip transportation and local transportation as described in Section 3.a.(2)(c), (d), (e), or (4) only if the employee makes the trip.
ARTICLE XVIII FORCE ADJUSTMENT
Section 1. General. The purpose of this Article is to provide the method of effecting significant force adjustment through layoffs, part-timing, lateral transfers, downgrades, or a combination thereof, when necessary to reduce the number of employees in a particular Work Group(s). The Company shall decide the necessity for and shall determine the extent of force adjustment. Changes in employee job titles in the normal course of operations of the business, either at the employee's request or as a Management-initiated action, shall not constitute force adjustment as contemplated by this Article.
The provisions contained herein shall not preclude mutually agreed Union/Management modifications to accommodate special surplus conditions. Any such modifications will apply on a one-time basis only and will not serve as precedent for any future force surplus procedures.
Section 2. Work Groups(s). The Vice President of the Union shall be notified in writing by the Company sixty (60) calendar days prior to any force adjustment procedures defined in Section 1. The determination of the geographical extent of Work Group(s) which will be affected by the force adjustment, and the occupational job title(s) to be included within such Work Group(s), shall be matters for negotiations between the Union and the Company. In the event the Company and the Union are unable to reach an agreement during this 60-calendar-day period, the determination of Work Group(s) and the occupational job title(s) to be included within such Work Group(s) shall be determined by the Company. Nothing contained in this Section shall be subject to the grievance and arbitration procedure or the provisions of Article II of the 2013 Agreement of General Application. 66 Section 3. Definitions. Seniority shall be the Net Credited Service as determined by the pension plan administrator. A lateral transfer is a change to another place of reporting with the same job title or to another job title with the same established maximum rate of pay. A downgrade is a change to a job title with a lower established maximum rate of pay. The maximum rate of pay is the highest wage rate for a job title.
Section 4. Reduction of Employees in Work Group(s) Before Layoffs are Necessary.
a. Whenever the Company determines it is necessary to reduce the number of employees in a particular Work Group, determined in Section 2. above, the following procedures shall govern:
( 1) Lateral transfers will first be offered in the same metropolitan area to qualified employees in order of the employee's seniority and until such time as the Company determines there is no longer a need to reduce the number of employees in the affected Work Group.
(2) In the event the Company determines there continues to be a need to reduce the number of employees after offering lateral transfers, as described in (1) above, the following procedures shall apply in the order listed below:
- Qualified employees within the affected work group will be offered downgrades to available jobs in the same metropolitan area.
- Qualified employees within the affected work group will be offered lateral transfers to available jobs in other metropolitan areas, to the extent that laterals within the same metropolitan area are not available.
- Qualified employees within the affected work group will be offered downgrades to available jobs in other metropolitan areas, to the extent that laterals and downgrades within the same metropolitan area are not available.
- Eligible employees will be offered the Supplemental Income Protection Program under the terms and conditions of Article IX of the 2013 Agreement of General Application. 67 b. Employees who accept or receive lateral transfers or downgrades in accordance with a. above are not guaranteed a return to the previous job title and/or location.
c. Employees who accept or receive lateral transfers or downgrades under this Section and who are required to relocate their residence as a result thereof shall be reimbursed by the Company for reasonable moving expenses incurred, provided such expenses do not exceed $10,000 for an employee who owns a home, or $5,000 for an employee who rents a residence.
d. Employees who are required to relocate under this Section, and who have maintained satisfactory job performance, shall have a preferential right of return to their former location and job title for a period of two (2) years from the effective date of the job change. It shall be the responsibility of the employee to notify the employment office of his/her desire to return to the former location.
e. Wage progression increases for employees who accept or receive jobs in accordance with a. above shall be based on the wage progression schedule applicable to the new job classification, and the progression on that schedule shall be determined by the employee's wage length of service as follows:
(1) If employees are assigned to vacancies where the current rate of pay of the employee's regular job is below the rate for the appropriate wage step under the new schedule, the employee's rate of pay shall be raised to the applicable rate.
(2) If, because of force surplus adjustments, employees are assigned to vacancies where the rate of pay of the new job is less than the current rate of the employee's regular job, the rate of pay will be reduced over a period of time based on the employee's length of service. The reductions in pay are effective at periods following reassignment as shown below and are based on the difference in rates for the old and new jobs:
68 Less Than 10 Years
Weeks 1 Through 4 - No Reduction Weeks 5 Through 8 - 1/3 Reduction Weeks 9 Through 12 - 2/3 Reduction Weeks 13 & Thereafter- Full Reduction
10 But Less Than 15 Years
Weeks 1 Through 30 - No Reduction Weeks 31 Through 34 - 1/3 Reduction Weeks 35 Through 38 - 2/3 Reduction Weeks 39 & Thereafter- Full Reduction
15 Years And Over Other Than Technological Change
Weeks 1 Through 56 - No Reduction Weeks 57 Through 60 - 1/3 Reduction Weeks 61 Through 64 - 2/3 Reduction Weeks 65 & Thereafter- Full Reduction
15 Years And Over Technological Change
There will be no reduction in pay for an employee with fifteen (15) years or more of net credited service who is downgraded due to technological change (defined as cnanges in equipment or methods of operation) for a period of thirty-six (36) months following the effective date of such downgrade. Thereafter the following schedule in reduction shall apply:
69 Weeks 1 Through 4 - No Reduction Weeks 5 Through 8 - 1/3 Reduction Weeks 9 Through 12 - 2/3 Reduction Weeks 13 & Thereafter- Full Reduction
An employee with fifteen (15) years or more of net credited service on the effective date of a downgrade due to technological change during the term of the preceding agreement between the parties and who suffered no reduction in pay during the term of such agreement shall be treated in accordance with the foregoing thirty-six (36) month period and subsequent schedule of reduction as though both had been in effect on the effective date of his or her downgrade.
f. Nothing in this Section shall apply to employees engaged or reengaged as occasional and temporary employees.
Section 5. Reduction of Employees in Work Group(s) Where Layoffs are Necessary. This Section shall apply whenever the Company determines that layoffs will be necessary to reduce the number of employees in a particular Work Group as defined in Section 2. above after procedures in Section 4. have been followed.
a. Occasional employees and temporary employees shall be laid off first in order of inverse seniority.
b. Part-timing may mutually be considered as a substitute for any part of the layoff procedure.
c. If, after making the layoffs outlined in a. above, additional reductions in the force are necessary, such reductions shall be made in order of inverse seniority 1n non-sales titles. In sales titles, prior to going in order of inverse seniority, the Company may offer termination pay as calculated under Article XIX on a voluntary basis to as many commissioned employees in the impacted work group that it chooses who are on a Performance Improvement Plan (PIP) step or in the fourth quartile based on net increase percentage; then, among third quartile commissioned employees based on net increase percentage; then, among second quartile commissioned employees based on net increase percentage; and finally, among first quartile commissioned employees based on net increase percentage. 70 d. If an employee with over ten (10) years of service is to be laid off under c. above, the employee may elect, provided the employee is physically qualified, to accept a lateral transfer or a downgrade to a previously held job title in the same metropolitan area occupied at that time by another employee with less seniority.
e. Employees who are laid off under this section may elect to receive termination allowance in accordance with Article XIX, Employment Terminations.
Section 6. Reemployment. If additional employees are needed in a Work Group affected by layoffs, as provided for in Section 5. above, the Company shall proceed as follows before hiring new employees:
a. Former regular employees shall be offered reemployment at their prior job titles in the metropolitan area affected by the layoffs and in the inverse order in which such employees were laid off, provided:
(1) The employee's layoff has not exceeded two (2) years.
(2) The employee is physically able and equipped by training and experience to perform the duties of the work available. If a sales employee was in the bottom Quartile when laid off, they will return as a probationary employee for one (1) year.
b. Former regular employees shall be allowed to test for any job title within the same wage classification in the metropolitan area affected by the layoffs and in the inverse order in which such employees were laid off, provided:
(i) The employee's iayott has not exceeded two (2) years.
(2) The employee meets the position's qualification requirements, test qualifies and is physically able to perform the duties of the position. If a sales employee was in the bottom Quartile when laid off, they will return as a probationary employee for one (1) year.
c. Failure on the part of any former employee to notify the Company that its offer of employment is accepted within seven (7) calendar days and to report for duty within 71 fifteen (15) calendar days from the date of such offer shall constitute a rejection of the offer.
d. It shall be the responsibility of former employees who desire to be considered for reem ployment under this Section to notify the Company at the employment office of their desire for reemployment and to keep the Company currently informed of their current address.
Section 7. Layoffs to be Considered Temporary.
a. If an employee who is laid off on account of reduction of force is reemployed within two (2) years from and after the date of the layoff, the period of the layoff shall be considered as temporary in any case where such employee is reengaged (a) as a regular employee, or (b) as a temporary employee if subsequently reclassified as a regular employee without interruption in service.
b. The employee's wage length of service, whether reengaged as a regular or temporary employee, shall be the same as at the time of the temporary layoff; provided, however, if the employee was formerly at maximum and is reengaged in a job title which has a higher top rate of pay than the employee's former job and in a different job category, as described in Article XV, then the provisions of that Article, Promotional Pay Treatment, shall be applicable.
ARTICLE XIX EMPLOYMENT TERMINATIONS
Section 1. Eligibility. A regular employee snail receive a termination aiiowance as provided for in Section 3. of this Article when such employee is terminated for one of the following reasons:
a. Laid off after having been declared surplus pursuant to Article XVIII, Force Adjustment;
b. Terminated after a leave of absence when no work is available in the metropolitan area, provided there was every reasonable expectancy at the time the leave was granted that the employee would return to work and the employee is willing and able to do so;
72 c. Dismissed, except for reasons of misconduct, after having ten or more years of Net Credited Service;
Note: An employee terminated for any other reason, such as retirement on service pension*, death, transfer or resignation**, shall not receive a termination allowance.
* An employee terminated as provided in Section 1.a., b., or c. above, will receive an appropriate Termination Allowance under this Article regardless of his/her service pension eligibility.
** "Resignation" includes the situation of an employee, who refuses a lateral or downgrade assignment within the metropolitan area as defined in Article XVIII, Force Adjustment, and who is subsequently terminated.
Section 2. Technological Displacement. If during the term of this Agreement, the Company notifies the Union in writing that technological change (defined as changes in equipment or methods of operation) has or will create a surplus in any job title in a work location which will necessitate reassignments of employees to different job titles involving a reduction in pay or to locations requiring a change in residence, or if a force surplus necessitating any of the above actions exists for reasons other than technological change and the Company deems it appropriate, any employee:
a. who is in the affected job title and work location; and
b. who is not eligible for a service pension, may elect not to accept such reassignment to a job title involving a reduction in pay or to a 1ocat1on requiring a change in residence and shall be terminated and paid a termination allowance. Any such employee who refuses to accept a transfer to a job title having the same or greater rate of pay and which does not require a change in residence shall not be paid a termination allowance.
Employees eligible for a termination allowance under the terms of this provision alternatively may elect to participate in the Voluntary Income Protection Program (VIPP) providing they meet the eligibility requirements of that program.
73 Section 3. Amount of Termination Allowance.
a. Any termination allowance payable under this Article for employees hired before December 7, 2013 shall be computed as follows:
week's pay for each completed year of Net Credited Service up to and including 5 years; plus
2 weeks' pay for each completed year of Net Credited Service from 6 years to 10 years, both inclusive; plus
3 weeks' pay for each completed year of Net Credited Service from 11 years to 13 years, both inclusive; plus
4 weeks' pay for each completed year of Net Credited Service beyond 13 years.
b. Any termination allowance payable under this Article for employees hired on or after December 7, 2013 shall be computed as follows:
Completed Net Credited Number Completed Net Credited Number Service Weeks' Pay Service Weeks' Pay 1 Yr. 1 16 Yrs. 21 2 Yrs. 2 17 Yrs. 23 3 Yrs. 2 18 Yrs. 24 4 Yrs. 2 19 Yrs. 27 5 Yrs. 3 20 Yrs. 29 6 Yrs. 5 21 Yrs. 31 7 Yrs. 6 22 Yrs. 34 8 Yrs. 7 23 Yrs. 36 9 Yrs. 9 24 Yrs. 38 10 Yrs. 12 25 Yrs. 40 11 Yrs. 12 26 Yrs. 43
74 12 Yrs. 14 27 Yrs. 45 13 Yrs. 16 28 Yrs. 47 14 Yrs. 17 29 Yrs. 50 15 Yrs. 19 30 Yrs + 52
Section 4. Reengaged or Rehired Employees. Payment of termination allowance to employees who have been reengaged or rehired is subject to the following conditions:
a. An employee reengaged and again laid off after having former service credited will be paid the difference between the amount computed under a termination allowance plan and any previous payment such employee may have received on account of a previous layoff.
b. If an employee who has received a termination allowance is rehired and the number of weeks since the date of layoff is less than the number of weeks upon which the allowance was based, the amount paid to that employee for the excess number of weeks shall be considered as an advance and repayment will be made through payroll deduction in the amount of 1 0% of the weekly wage until the amount is fully paid.
Section 5. Week's Pay. A week's pay for the purpose of these computations (other than for Senior Account Representatives, Account Representatives, New Media Representatives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives) shall be the basic pay of the employee and any extra payments for such evening or night tours as were in effect for the employee's regular assignment at the t!me of serv!ce termination. ~ll, 'lJeek's pay for the purpose of these computations for Senior Account Representatives, Account Representa tives, Sales Representatives, Business Acquisition Representatives, and Retention Representatives, will be determined in the same manner as provided in Article XXVII for vacation pay.
ARTICLE XX GRIEVANCES
75 Section 1. The Union shall be the exclusive representative of all the employees in the bargaining unit for the purposes of presenting to and discussing with the Company grievances of any and all such employees arising from such employment; subject always, however, to the provisions of this Agreement, the current Agreement of General Application between the Union and the Company and of any applicable law.
Section 2.
a. Any employee complaint (except those which contemplate treatment or proceedings inconsistent with the terms of a collective bargaining contract or agreement then in effect including proposals for the modification of, or addition to, any such contract or agreement) which is reduced to writing and delivered by a Union representative in accordance with Section 2.b. following, within forty-five (45) days of the action complained of shall be considered and handled as a formal grievance.
b. The grievance procedure shall normally consist of two (2) successive steps. Notice of grievances and appeals of decisions made at the first step shall be forwarded in accordance with the following:
Step Company Representative Designated Number To Receive Grievance
1 Director/General Manager, or equivalent, having managerial authority over the conditions or circumstances which gave rise to the grievance. (In the absence of a Director/General Manager, or equivalent, the Company shall inform the Vice President, CWA, District 6, in writing of the appropriate Company representative who is designated to hear grievances.)
or
Vice President-Human Resources or designated representative if the grievance involves employees in more than one Director/General Manager, or equivalent, organization. If the grievance is initially filed at this level, there shall be no successive steps.
2 Vice President-Human Resources or designated representative. 76 c. If the grievance involves or affects only employees reporting to a single immediate manager, a copy of the notice shall also be forwarded at the same time to such manager.
Section 3.
a. The decision made at the first level of the grievance procedure may be appealed to the second level of the grievance procedure provided such appeal is submitted within two (2) weeks of the date the decision is communicated to the Union.
b. A decision at the second level of the grievance procedure or default on the Company's part to meet with the Union, as explained in Section 7., at the second level shall be construed as full completion of the "Formal Grievance" procedure.
c. The decision of the Company as to grievances submitted shall be confirmed in writing to the Union.
Section 4. So that the Union may present formal grievances to the appropriate Company representative, the Company will notify the Union of changes in Company organization that require a change in the then existing manner of presentation.
Section 5. After a notice as set forth in Section 2.b. above, has been received by the Company, the Company will not attempt to adjust the grievance with any employee(s) involved without offering the Union an opportunity to be present.
Section 6. At any meeting held pursuant to Section 2. above, the Company will designate its representative(s) to meet with the aggrieved employee(s), the representative(s) designated by the Union, or both.
Section 7. Meetings at each level of the grievance procedure shall be arranged promptly. If, due to the Company's actions, a mutually agreeable meeting date is not arranged within two (2) weeks of either the Company's receipt of the initial notification or the appeal of the grievance, the Union may present its original grievance to the next higher level of the formal grievance procedure.
77 Section 8. The place of the meeting at each level of the grievance procedure shall be mutually agreed upon, with each party giving due consideration to the convenience of the other.
Section 9. Those employees of the Company including the aggrieved employee(s) and the employee representative(s) designated by the Union, who shall suffer no loss in pay for time consumed in, and necessarily consumed in traveling to and from, grievance meetings shall not be more than three (3) at any level of the grievance procedure.
Section 10. At any meeting held under this Article for the adjustment of a grievance or complaint, any party present (including Union or Company representatives) shall be afforded full opportunity to present any facts and arguments pertaining to the matter(s) under consideration. The decision made upon such facts and arguments shall be made as promptly after conclusion of the presentation as may be reasonably and effectively possible.
Section 11. Any complaint which is not delivered in writing by the Union as specified in Section 2. above, shall be handled by the Company as an informal complaint on an informal basis; provided, however, that nothing in this Article shall preclude the Union and the Company from using any other mutually satisfactory and proper method of presentation, discussion, and disposition of grievances.
ARTICLE XXI UNION REPRESENTATION
At any meeting between a representative of the Company and an employee in which discipline (including warnings which are to be recorded as such in the personnel file, suspension, demotion, or discharge) is to be announced, a Union representative may be present if the employee so requests. Time spent in such a meeting shall be considered work t1me.
ARTICLE XXII AGENCY SHOP1
'Where permitted by law 78 Section 1. Each employee who is a member of the Union or who is obligated to tender to the Union amounts equal to periodic dues on the effective date of this Agreement, or who later becomes a member, and all employees entering into the bargaining unit on or after the effective date of this Agreement shall, as a condition of employment, pay or tender to the Union amounts equal to the periodic dues applicable to members, for the period from such effective date or, in the case of employees entering into the bargaining unit after the effective date, on or after the thirtieth day of such entrance, whichever of these dates is later, until the termination of this Agreement. For the purpose of this Article, "employee" shall mean any person entering into the bargaining unit, except an occasional employee.
Each employee who is a member of the bargaining unit on or before the effective date of this Agreement and who on the effective date of this Agreement was not required as a condition of employment to pay or tender to the Union amounts equal to the periodic dues applicable to members, shall, as a condition of employment, pay or tender to the Union amounts equal to the periodic dues applicable to members for the period beginning thirty (30) days after the effective date of this Agreement, until the termination of this Agreement.
Section 2. The condition of employment specified above shall not apply during periods of formal separation* from the bargaining unit by any such employee but shall reapply to such employee on the thirtieth day following their return to the bargaining unit.
* The term "formal separation" includes transfers out of the bargaining unit, removal from the payroll of the Company, and leaves of absence of more than one month duration.
Section 3. Employees who are taken off the payroll pursuant to the provisions of this Article shall be treated as employee resignations.
ARTICLE XXIII DEDUCTION OF UNION DUES
Section 1. Subject to the provisions of this Article and the provisions of the written authori zations herein referred to, the Company agrees to make collections twice each month of regular Union dues through payroll deduction from an employee's pay upon receipt of a written authorization complete in all details on Form S-9163-P (or as subsequently revised by the parties hereto) signed by the individual employee and delivered by the Union to the Company. The 79 Company also agrees to remit the amounts so deducted to the order of the Treasurer of Communications Workers of America, and to forward one magnetic tape to CWA Headquarters in Washington, D.C., containing dues remittance data for all regular and temporary bargained-for employees on a monthly basis. The tape and one check will be forwarded by the 5th work day of the month following the month in which the deductions were made. Any manual corrections necessary to bring the tape totals into balance with the remittance check will also be forwarded at that time. The Company shall not be required to fill special requests for employee data on a local basis.
Section 2. Any authorization of dues deduction shall not be subject to revocation except that an employee may revoke the authorization during the period beginning fourteen (14) days prior to each anniversary date of the current Collective Bargaining Agreements. These periods are: November 23, 2014, through December 6, 2014; November 22, 2015, through December 5, 2015; November 26, 2016, through December 9, 2016. Revocation of dues must be accomplished as follows:
a. Each employee who desires to revoke his or her dues deduction authorization must advise his or her Payroll Office by individually signed letter. There shall be only one letter per envelope.
b. The letter to the Payroll Office must be sent by Registered or Certified Mail.
c. Each such letter not postmarked within the specified time limits and in accordance with the above procedure will be considered void and the employee will be so advised by the Company.
d. The Company will send copies of the letters and associated envelopes to the District Headquarters of the Union on a daily basis.
Section 3. The Company shall not be required to deduct or remit any such amount or amounts where it has received notice of the claim of any employee from whom dues deductions are being made that such amount or amounts are being deducted from such employee's pay without proper authority.
80 Section 4. The Company shall bear the full cost of its undertaking hereinabove set forth except that the Union agrees to print at the Union's expense the dues deduction authorization cards in a form and according to specifications approved by the Company and the Union.
Section 5. The application of provisions of this Article shall continue so long as permitted by law.
ARTICLE XXIV NOTICE OF PROMOTIONS AND TRANSFERS OF UNION OFFICERS, ELECTED STEWARDS, AND DESIGNATED REPRESENTATIVES
Section 1. The Union agrees to furnish the Company, and revise from time to time, correct lists of the names, Union titles, and locations of Company employees who are Union officers, elected Union Stewards, or Union representatives specifically designated by the Vice President of the Union for the purposes of this Article.
Section 2. Where practicable, the Company shall give the Union prior notice of its intention to promote to a supervisory position, the tenure of position is expected to be more than one month, or to transfer to a location outside the jurisdiction of the employee's Local any such employee named on a list furnished to the Company under Section 1. of this Article.
Section 3. The notice by the Company to the Union shall be given to the Local President where the employee involved is an elected Steward, to the CWA Representative where the employee involved is a Local officer, and to the Vice President of the Union where the employee involved is any other Union officer or a representative who has been designated for the purposes hereof.
ARTICLE XXV SAFETY
Safety is a concern to the Company and the Union. The Company and the Union mutually recognize the need for a work environment in which safe operations can be achieved in accomplishing all phases of work, and the need to promote better understanding and acceptance
81 of the principles of safety on the part of all employees to provide for their own safety and that of their fellow employees, customers, and the general public.
ARTICLE XXVI ACHIEVEMENT BONUSES AND INCENTIVES
Management may, but shall not be required, to award achievement bonuses or other incentives to certain employees from time to time at its discretion; if and to the extent that any such bonus or incentive may be awarded, such award shall not constitute a binding precedent or practice with respect to any future bonus(es) or incentives. Management reserves the exclusive right to determine, establish, alter or discontinue any such bonus or incentive and the criteria for, frequency of, nature of and amount of any such bonus or incentive and to determine the individual or category(ies) of recipient(s) thereof.
ARTICLE XXVII SENIOR ACCOUNT REPRESENTATIVES, ACCOUNT REPRESENTATIVES, NEW MEDIA REPRESENTATIVES, SALES REPRESENTATIVES, BUSINESS ACQUISITION REPRESENTATIVES, AND RETENTION REPRESENTATIVES
These provisions covering rates of pay, hours, terms and conditions of employment shall be applicable to employees engaged in the sale and servicing of items sold by YP Texas Region Yellow Pages LLC who are assigned the title classifications "Senior Account Representative," "Account Representative," "New Media Representative," "Sales Representative," "Business Acquisition Representative" and "Retention Representative" unless otherwise noted.
Section 1. Definitions.
a. Commissionable Business
"Commissionable Business" is the monthly revenue value of the business accounts assigned to a Representative, accepted by the Company, published in each applicable Company product, and sold by a commissioned Representative.
b. Existing Business 82 (1) "Existing Business" includes all of the advertising for a given person, partnership or corporation in the current product(s), irrespective of the number of directory advertising contracts in force covering the said advertising or the account numbers to which the advertising may be billed or any change in ownership or responsibility for payment of advertising under contract for the current product(s). It also includes items under contract for the current issue on another account but which, for the issue under canvass, will become a part of the contract for the account to which the items are transferred.
(2) When a contract for an account is transferred to another account, and the Company determines that a distinct change in the type of business is involved, the Company will consider it as "New Business" and not "Existing Business" (excludes Business Acquisition and Retention Representatives).
(3) General rate decreases or rate decreases on headings and/or individual items on advertising described in Section 1.b.(1) of this Article will not be considered "Existing Business" for commission purposes (excludes Business Acquisition and Retention Representatives). c. New Business
"New Business" is the revenue from the sale of advertising to a customer who has no "Existing Business" in the current product(s) involved. d. Increased Business
"increased Bus1ness" 1s the excess of the revenue from the sale of advertising to a customer over the "Existing Business" in the current product(s) involved (excludes Business Acquisition and Retention Representatives). e. Renewal Business
"Renewal Business" is all revenue from the sale of advertising to a customer for the forthcoming product(s) which is not in excess of the "Existing Business" in the current product(s) involved (excludes Business Acquisition and Retention Representatives). 83 f. Next Issue Service Delivery (NISD)
The sum of all retired and completed revenue that a Representative has sold for the next issue publication of all the products assigned to an account (i.e., increased business & renewal business).
g. Reworked Business
"Reworked Business" is the revenue obtained on any assigned reworked account in excess of the revenue value of the contract obtained by an employee other than the Representative previously reporting the account for the products(s) under canvass.
h. Canvass
A grouping of customers by HBD and products that will be handled during a canvass year.
i. Total Commission
The "total commission" earned on an account at any point during the canvass year. The "total commission" will continue to recalculate based on subsequent activity.
j. Point of Sale Commission (POS)
The term is used to designate the commission paid at the point of the sales.
k. As Earned Commission (AEC)
The term used to designate the commissions paid as milestones are met.
I. Subsequent Activity
Any sales activity after the initial account close that results in a change to SOTS or NISD and therefore the total commission due. This transaction can be representative or system generated. 84 m. Billing Milestone Date (BMD)
The date any item that is part of the NISD for the current year canvass/cycle is considered ready to bill. This is the earlier of the Internet Live Date or the Effective Bill Date. This date becomes the baseline to calculate future milestone dates for that customer. This date will be locked and never move to a later date as long as the item actually bills on that date (i.e., does not "wash"). This date could move earlier if an early up billing item was sold as subsequent activity.
Section 2. Basis of Compensation--Salary and Commissions. Representatives shall be compensated under a combined salary and commission plan as follows:
a. Senior Account Representative
(1) Salary
Senior Account Representatives shall be compensated under a combined salary, bi-weekly commission, and a monthly commission plan as follows:
Basic weekly salary for a Senior Account Representative:
Credited Service as a Weekly Senior Account Salary Representative 12-7-2013 Minimum $702.00 After 6 Months 735.50 " 12 770.50 " 18 807.50 " 24 846.00 " 30 886.50 " 36 929.00 " 42 973.50 " 48 1,020.00
85 86 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
NISD NISD/BOTS Commission Rate 0%-60% 25% >60%- 85% 30% >85% -100% 35% > 100%- 120% 40% > 120% 45% New 120% Rework 45%
(3) Monthly Commissions
Payment will be based on a Senior Account Representative's overall cycle-to-date NISD/BOTS % results based on the payment scale below.
NISD/BOTS % of NISD Paid -9% to< -6% 12% -6% to< -3% 20% -3% to< 0% 30% Oo/oto < 3% 40%
~~d~ 2::3% 50%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
87 (iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Senior Account Representatives may be capped at no less than $4,000 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
88 b. Account Representative
(1} Salary
Account Representatives shall be compensated under a combined salary, bi weekly commission, and a monthly commission plan as follows:
Basic weekly salary for an Account Representative:
Credited Service as Weekly an Account Salary Representative 12-7-2013 Minimum $379.00 After 6 Months 399.50 " 12 421.00 " 18 444.00 " 24 468.00 " 30 493.50 " 36 520.00 " 42 548.50 " 48 578.00
(i) Each employee newly engaged in this work shall carry the title Account Representative, and will be paid at two times the basic weekly salary during their initial training class.
89 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
NISD NISD/BOTS Commission Rate 0%-60% 29% >60%- 85% 36% >85% -100% 43% >100%- 120% 50% >120% 57% New 120% Rework 80%
(3) Monthly Commissions
Payment will be based on an Account Representative's overall cycle-to-date NISD/BOTS% results based on the payment scale below.
NISD/BOTS %of NISD Paid -8% to< -5% 12% -5%, to <-2% 24% -2% to< 1% 34% 1% to <4% 44% <:!4% 54%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
90 (iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Account Representatives may be capped at no less than $4,000 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
91 c. New Media Representative
(1) Salary
New Media Representatives shall be compensated under a combined salary and bi-weekly commission plan as follows:
Basic weekly salary for a New Media Representative:
Credited Service as Weekly an New Media Salary Representative 12-7-2013 Minimum $673.08
(i) The total compensation for New Media Representatives during initial training will be two times the base pay as set forth in the table above.
(2) Monthly Commissions
Monthly Commissions paid for any amount over cumulative annual objective as shown below.
Over Objective Commission Rate Flat Rate 250%
(i) The annua! cycle shall begin on February 1st and end on ,January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
(iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results. 92 (v) Payout of Monthly Commissions for New Media Representatives may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
(3) Renewal/IT A Commissions
Renewal/ITA commissions will be paid on NISD as shown below.
NISD Commission Rate Flat Rate 125%
(i) A General Manager shall have the discretion to return all accounts valued greater than $800 from the top accounts down, to the originating New Media Rep, following the initial sale year, with a maximum of ten (10) such accounts being returned. All other new media new sales shall flow to the appropriate channels.
(4) New Install and Non-Advertiser (i.e., New)
Commissions on sales to new advertisers will be paid as shown below.
NISD Commission Rate New instaii & Non-adv 250°/o
(5) Travel - New Media Representatives shall be required to travel, pursuant to the needs of the business. However, proven travel hardships for reps hired as of ratification date of this agreement shall be considered and such employees shall not be required to travel.
93 d. Sales Representative
(1) Salary
Sales Representatives shall be compensated under a combined salary, bi-weekly commission, and a monthly commission plan as follows:
Basic weekly salary for a Sales Representative:
Credited Service as Weekly an Sales Salary Representative 12-7-2013 Minimum $281.50 After 6 Months 298.00 u 12 315.50 u 18 333.50 u 24 353.00 u 30 373.50 u 36 395.50 u 42 418.50 u 48 443.00
(i) Each employee newly engaged in this work shall carry the title Sales Representative, and will be paid at two times the basic weekly salary during their initial training class.
94 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
NISD NISD/BOTS Commission Rate 0%-60% 22% >60%- 85% 27% >85%- 100% 32% >100%- 120% 37% > 120% 42% New 120% Rework 60% Retention Reward $10.00
(3) Monthly Commissions
Payment will be based on a Sales Representative's overall cycle-to-date NISD/BOTS% results based on the payment scale below.
NISD/BOTS %of NISD Paid -6% to< -3% 10% -3% to< 0% 20% Oo/oto < 3% 30% 3%, to< 6% 40% ;?:::6% 50%
(i) The annual cycle shall begin on February 151 and end on January 31 51 of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
95 (iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Sales Representatives may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
e. Business Acquisition Representative
Business Acquisition Group - The Business Acquisition Group shall be comprised of two job titles: a) Business Acquisition Representative-Outbound; and b) Business Acquisition Representative-Warm Transfer. These titles shall replace the former titles of individuals known as Cyber-Outbound and Cyber-Warm Transfer, respectively. Support T A's within the former Cyber group shall remain as such within the Business Acquisition Group.
Individuals employed within the Business Acquisition Group may be transferred among the roles within that Group and employees may transfer into this Group following appropriate testing and selection of the most qualified candidate. Seniority for the purpose of force reductions shall be by title.
It is agreed and understood that the Company shall have the ability to change the MC elements (NISD/BOTS and% of NISD Paid) as well as the Account Commission rates set forth in Article XXVII for Business Acquisition Representatives-Outbound and Business Acquisition Representatives-Warm Transfer, during the term of the contract, provided that such changes are modeled to achieve the beiow MC and Account Commission target amounts for each title.
BAR-Outbound Reps' Target MC and Account Commission amounts (annualized}
MC Account Commission
96 BAR-Warm Transfer Reps' Target MC and Account Commission amounts (annualized)
MC Account Commission
In the event that the Company determines that elements of the MC or Account Commission rates for the Business Acquisition Group need to be changed during the term of the contract, it shall notify the Union at least 30 days in advance of the implementation of such changes, in order to explain the reasons for and impacts of such changes, and to allow the Union an opportunity to discuss potential alternatives. Following such discussions, the Company shall have the right to implement the announced changes.
(1) Salary
Business Acquisition Representatives shall be compensated under a combined salary, bi-weekly commission, and a monthly commission plan as follows:
Basic weekly salary for a Business Acquisition Representative:
Credited Service as a Weekly Business Acquisition Salary Representative 12-7-2013 Minimum $471.00 After 6 Months $492.00 " 12 $513.00 18 $534.00 " 24 $555.00 " 30 $575.00 " 36 $595.50 " 42 $617.00 " 48 $638.50
97 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
Business Acquisition-Outbound
Account Commission Flat Rate I 115%
Business Acquisition-Warm Transfer
Account Commission Flat Rate I 33%
(3) Monthly Commissions
Business Acquisition-Outbound
Payment will be based on a Business Acquisition Representative's overail cycle-to date NISD/BOTS% results based on the payment scale below.
NISD/BOTS % of NISD Paid 100%- <105% 15% 105%- <110% 30% 110% <115% 45% 2::115% 60%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
98 (ii) The monthly commission is paid based on results in the system as of the last of each month.
(iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Business Acquisition Representatives Outbound may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
99 Business Acquisition-Warm Transfer
Payment will be based on a Business Acquisition Representative's overall cycle-to date NISD/BOTS% results based on the payment scale below.
I NISD/BOTS % of NISD Paid 100%- <110% 10% 110%- <120% 15% 120%- < 130% 23% 2!130% 33%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
(iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Business Acquisition Representatives Warm Transfer may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
f. Retention Representative
Retention Group - The Retention Group shall be comprised of three job titles: a) Retention Representative-Winback; b) Retention Representative-Direct Mail; and c) Retention Representative-Customer Experience. These titles shall replace the former titles of individuals known as Cyber-Winback, T A-Direct Mail, and T A-CXG, respectively. Support T A's within this group shall remain as such within the Retention Group. 100 Individuals employed within the Retention Group may be transferred among the roles within that Group and employees may transfer into this Group following appropriate testing and selection of the most qualified candidate. Seniority for the purpose of force reductions shall be by title.
It is agreed and understood that the Company shall have the ability to change the MC elements (NISD/BOTS and % of NISD Paid) as well as the Account Commission rates set forth in Article XXVII for Retention-Winback Representatives, and Retention-Direct Mail Representatives, during the term of the contract, provided that such changes are modeled to achieve the below MC and Account Commission target amounts for each title.
Retention Reps-Winback Target MC and Account Commission amounts (annualized)
MC Account Commission
Retention Reps-Direct Mail Target MC and Account Commission amounts (annualized)
New Entrant MC Account Commission
Incumbent Year 1 MC Account Commission
Incumbent Year 2 MC Account Commission
Incumbent Year 3 forward
101 MC Account Commission
In the event that the Company determines that elements of the MC or Account Commission rates for the Retention Group, including the Objective levels for the DM channel MC, need to be changed during the term of the contract, it shall notify the Union at least 30 days in advance of the implementation of such changes, in order to explain the reasons for and impacts of such changes, and to allow the Union an opportunity to discuss potential alternatives. Following such discussions, the Company shall have the right to implement the announced changes.
102 Retention Representative-Winback
(1) Salary
Retention Representatives-Winback shall be compensated under a combined salary, bi-weekly commission, and a monthly commission plan as follows:
Basic weekly salary for a Retention Representative-Winback:
Credited Service as a Retention Weekly Representative: Salary Win back 12-7-2013 Minimum $471.00 After 6 Months $492.00 " 12 $513.00 " 18 $534.00 " 24 $555.00 " 30 $575.00 " 36 $595.50 " 42 $617.00 " 48 $638.50
103 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
Account Commission Flat Rate I 100%
(3) Monthly Commissions
Payment will be based on a Retention Representative's overall cycle-to-date NISD/BOTS% results based on the payment scale below.
NISD/BOTS % of NISD Paid 100%- <105% 25% 105%- <110% 40% 110%- <115% 50% 2:115% 60%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
(iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Retention Representatives-Winback may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up. 104 Retention Representative-Direct Mail
(1) Salary
Retention Representatives-Direct Mail shall be compensated under a combined salary, bi-weekly commission, and a monthly commission plan as follows:
Basic weekly salary for a Retention Representative-Direct Mail:
Credited Service as a Retention Weekly Representative:Direct Salary Mail 12-7-2013 Minimum $702.00
Incumbent Retention Representatives-Direct Mail who are above the minimum rate of pay, shall have their base rate of pay reduced to the annual rate of $36,504 over the first three years of the Agreement, pursuant to the following formula: (Annual rate of pay -$36,504)/3 = annual reduction amount. For example, if a Representative is at top step with an annual rate of pay of $51,142, their annual base rate of pay shall be reduced by the following amount during the life of the agreement: ($51, 142-$36,504)/3 = $4,879. Therefore, the Representative's annualized rate of pay shall be reduced by $4,879 on each of the following dates: Implementation date of "as earned" piece of new camp plan; July 5, 2015 and December 6, 2015.
105 (2) Bi-Weekly Commissions
Commissions will be paid as shown below.
New Entrant Account NISD/BOTS Commissions 0%- < 60% 20% 60%- < 85% 24% 85%- < 100% 28% 100%- < 120% 32% 2:120% 36% New 120%
Incumbent Year 1 Account NISD/BOTS Commissions 0%-<60% 8% 60%- < 85% 10% 85%- < 100% 12% 100%- < 120% 14% 2:120% 16% New 120% '""""""
106 Incumbent Year 2 Account NISD/BOTS Commissions 0%- < 60% 14% 60%- < 85% 17% 85%- < 100% 20% 100%- < 120% 23% ;:;:120% 26% New 120%
Incumbent Year 3 Account NISD/BOTS Commissions 0%- < 60% 20% 60%- < 85% 24% 85%- < 100% 28% 100%- < 120% 32% ;:;:120% 36% New 120%
107 (3) Monthly Commissions
Payment will be based on a Retention Representative's overall cycle-to-date % of Objective results based on the payment scale below.
Monthly Commissions Rate Sheet
% of Objective % of NISD Paid 100% to< 105% 15% 105% to< 110% 30% 110% to< 115% 45% 2:115% 60%
(i) The annual cycle shall begin on February 1st and end on January 31st of the calendar year.
(ii) The monthly commission is paid based on results in the system as of the last of each month.
(iii) The monthly commission includes all sales results posting for the year-to date regardless of cycle year, product, etc.
(iv) The payment amount is trued up each month based on total cycle results.
(v) Payout of Monthly Commissions for Business Retention Representatives Direct Mail may be capped at no less than $2,500 per month, with any remaining commissions above that amount paid out at the end of the annual cycle, following final true-up.
Retention Representative-CXG
(1) Salary
Retention Representatives-CXG shall be compensated under a combined salary and incentives as follows: 108 Basic weekly salary for a Retention Representative-CXG:
Credited Service as a Retention Weekly Representative-CXG Salary 12-7-2013 Minimum $798.50
Incumbent Retention Representatives-CXG who are above the minimum rate of pay, shall have their base rate of pay reduced to the annual rate of $41,522 over the first three years of the Agreement, pursuant to the following formula: (Annual rate of pay -$41,522)/3 = annual reduction amount. For example, if a Representative is at top step with an annual rate of pay of $51,142, their annual base rate of pay shall be reduced by the following amount during the life of the agreement: ($51,142-$41,522)/3 = $3,206. Therefore, the Representative's annualized rate of pay shall be reduced by $3,206 on each of the following dates: Implementation date of "as earned" piece of new comp plan; July 5, 2015 and December 6, 2015.
109 (2) Incentives
Target Average Incentives are shown below.
Target Avera! e Incentives New Entrant $16,000 Incumbent Year 1 $9,333 Incumbent Year 2 $12,667 Incumbent Year 3 $16,000
Section 3. Method of Commission Payment.
a. Payments of basic salary will be paid biweekly.
b. Payments of commissions will be advanced biweekly. Subsequent payments or commissions adjustments occur biweekly as long as activity occurs on the account, including, but not limited to errors, account associations, etc.
c. Payments of commissions for Senior Account Representatives, Account Representatives, and New Media Representatives will be a combination of a.) 40% advanced biweekly and b.) 60% deferred, based on milestones. In the event a new customer pays an advance payment equal to 16% of the total contract value sold the representative will receive the Milestone 2 commission at the same time as the Milestone 1 commission. Any subsequent activity on an account (including the determination of the actual start date) that occurs after the payment of any Milestone will result in the entire total commissions being recalculated. Subsequent payments or commissions adjustments occur biweekly and as long as activity occurs on the account, including, but not limited to errors, account associations, etc.
(1) Milestone 1: 40% of the total commission due will be paid in the next pay period after the sale is closed.
(2) Milestone 2: 15% of the total commission due will be paid in the next pay period once the Billing Milestone Date (BMD) is met. The customer must be 90 days or less past due on their account at BMD in order for this payment to be released. 110 (3) Milestone 3: 30% of the total commission due will be paid if the customer is 90 days or less past due on their total account on the next pay period end that falls after 120 days has elapsed from the Billing Milestone Date.
(4) Milestone 4: The final 15% of the total commissions due will be paid if the customer is 90 days or less past due on their total account 240 days after the Billing Milestone Date.
(5) Once an account reaches 540 days from the Billing Milestone Date, any unreleased commissions are forfeited.
(6) Representatives must be employed at the time a Milestone is reached in order to earn and be paid any commission. No such bi-weekly commissions shall be deemed earned, nor paid, following a representative's final date of employment. For a period of 100 days following an employee's final date of employment, account activity shall be processed for the purpose of chargebacks or monthly commissions only. Following that period, no account activity shall be processed.
(7) Employees who are service pension eligible and retire from the business or employees who are surplused will be paid for all milestones for accounts that are closed but have not yet reached such milestones. d. For Senior Account Representatives, New Media Representatives, Business Acquisition Representatives and Retention Representatives, salary shall constitute full compensation tor time assigned by Management for instruction and related activity; training required by a supervisor; promotional work; servicing work; time paid for in accordance with Union Representation (Article XXI); Grievances (Article XX); Jury, Witness, Voting and Election Duty, Funerals, Military Leaves of Absence (Active Duty) (Article XII); full days of absence that qualify for payment for: Authorized Holidays (Article IX); Vacations (Article X); Excused Work Days (Article XI); Illness Absence (Article XII); Collective Bargaining (Article I, 2013 Agreement of General Application); Military Training Duty and Emergency Duty (Article XII); Quarantine (Article XII); and other activity not incident to sales activities, as well as part of the Senior Account Representative's, New Media
111 Representative's, Business Acquisition Representative's and Retention Representative's for work performed on or incident to sales activities, except as otherwise provided.
e. During the period of time in which a Senior Account Representative, New Media Representative, Business Acquisition Representative, or Retention Representative is receiving disability benefits covered under the Disability Plan, base pay for purposes of this plan shall be two (2) times the basic weekly salary rate. New Media Representatives and Business Acquisition Representatives must have twelve (12) months of net credited service or more to receive two (2) times the basic weekly salary rate.
f. For Account Representatives and Sales Representatives, salary shall constitute full compensation for time assigned by Management for instruction and related activity; ten (1 0) full days (or equivalent half-day increments) of training required by a supervisor in a calendar year; promotional work; servicing work; time paid for in accordance with Union Representation (Article XXI); Grievances (Article XX); Jury, Witness (other than at the Company's request), Voting and Election Duty, Funerals, Military Leaves of Absence (Active Duty) (Article XII); and other activity not incident to sales activities, as well as part of the Representative's compensation for work performed on or incident to sales activities, except as otherwise provided.
g. For Account Representatives and Sales Representatives, full days of training required by a supervisor, starting with the eleventh (11th) full day of training in a calendar year, or full days of absence that qualify for payment for: Authorized Holidays (Article IX); Vacations (Article X); Excused Work Days (Article XI); Illness Absence (Article XII); Collective Bargaining (Article I, 2013 Agreement of General Application); Military Training Duty and Emergency Duty (Article XII); serving as a witness at the Company's request; and Quarantine (Article XII), will be treated as follows:
(1) Absences by Account Representatives and Sales Representatives with twenty eight (28) consecutive pay periods or more service, except as otherwise provided herein, will be paid at that Representative's basic weekly salary rate plus average rate.
(2) The first three days of an occurrence of absence due to illness, that qualify for payment, by a Representative with twenty-eight (28) consecutive pay periods or more service, will be paid at salary. Any additional consecutive days during the 112 same absence occurrence due to illness, that qualify for payment, will be paid at that Representative's basic weekly salary rate plus average rate.
(3) Absences by Account Representatives and Sales Representatives, with less than thirteen (13) consecutive months service, that qualify for payment, will be paid at basic weekly salary rate, except as provided in Note 3 below.
Note 1: Service credited to the title of Senior Account Representative, Account Representative, New Media Representative, Safes Representative, Business Acquisition Representative, or Retention Representative cannot be combined with one another for the purpose of determining time-in-title.
Note 2: Average rate, which is paid in addition to base salary, for an Account Representative and Sales Representative is 1/260th of that Representative's annual earnings. Annual earnings shall include the Representative's paid commissions and average rate pay for full days of training required by a supervisor starting with the eleventh (11th) full day of training in a calendar year; Vacations (Article X); Authorized Holidays (Article IX); Excused Work Days (Article XI); Collective Bargaining (Article I, 2013 Agreement of General Application); Military Training Duty and Emergency Duty (Article XII); serving as a witness at the Company's request; and Quarantine (Article XII) during the first twenty-six (26) pay periods of the twenty-eight (28) pay periods preceding the pay period in which a day qualifying for average rate occurs. In the event an Account Representative or Sales Representative has illness and/or disability absence during the time period noted above, the total number of illness and/or disability days will be deducted from the 260 utilized in the calculation for average rate. The illness and/or disability average pay for the days deducted will be excluded from the average rate calculation.
Note 3: Account Representatives who have established an average rate and who transfer to the position of Sales Representative wili have an average rate of $200 per day less their new daily salary rate until they attain twenty-eight (28) consecutive pay periods as a Sales Representative. Senior Account Representatives who transfer to the position of Account Representative or Sales Representative will have an average of $275 per day less their new daily salary rate until they attain twenty-eight (28) consecutive pay periods as an Account Representative or as a Sales Representative. Sales Representatives who have established an average rate and who transfer to the position of Account Representative will maintain their established average rate (at the time of transfer) until they attain twenty-eight (28) consecutive pay periods as an Account Representative. Any other employee of the Company assuming the 113 title of Sales Representative or Account Representative will have an average rate calculated by dividing the employee's base pay by 260 until they attain twenty-eight (28) consecutive pay periods in the commissioned title.
Note 4: All payments, identified above, shall be for the absences set forth in the referenced Articles and are subject to the qualifications and conditions set forth herein. h. Transition Plans for Senior Account Representatives, Account Representatives, and New Media Representatives.
(1) Transition Plans for Representatives on As Earned Commissions (AEC).
(i) Employees transferring into Senior Account Representative from a non commission job title will receive an additional amount in basic weekly salary the first 10 months in the title as specified below. In the event that a new hire is selected for a Senior Account Representative vacancy he/she will receive the additional amount in basic weekly salary shown below for the first 10 months following the completion of Initial Sales Training.
Month After Additional Base Per Training Week 1 $500 2 $500 3 $500 4 $375 5 $375 6 $375 7 $375 8 $250 9 $250 10 $250
(ii) Employees transferring into the Account Representative or New Media Representative titles from a non-commission job title, or new hires selected for the Account Representative or New Media Representative titles, will
114 receive an additional amount in basic weekly salary the first 10 months following the completion of Initial Sales Training as specified below.
Month After Additional Base Per Training Week 1 $375 2 $375 3 $375 4 $300 5 $300 6 $300 7 $125 8 $125 9 $125 10 $125
(iii) Effective after full implementation of the new sales compensation plan, for movement between sales channels there will be no transition plan since the representative already has cash flow established.
• Except Sales Representatives moving to Senior Account Representative, Account Representative or New Media Representative.
(iv) For movement from management to non-management the Representative will be treated in accordance with the table in (1) above. i. Alternative Bi-weekly Commission Rates.
If business conditions result in SOTS handled within a cycle year rising above the top end of the historical range for the universe of full-year reps, then the Company shall have the right to re-open the Bi-Weekly commission rates for negotiation with the Union during the term of this agreement. No other section of this Agreement shall be reopened unless specifically provided herein.
115 j. Emerging Market Assignments-Compensation
(1) This compensation plan is designed for representatives who are assigned to work non-traditional campaigns (e.g., expansion markets, expanding product lines, extended campaigns, etc). Emerging Market Assignments shall not be permanent in nature (temporary) and the Company shall provide the Union an estimate of the expected duration of the assignment at the beginning of each such assignment.
(2) The Company reserves the right to establish the compensation plan for each initial campaign, or special assignment, and change the plan one time in that campaign or special assignment. The Company and the Union will negotiate at the Executive Level any additional changes to the compensation plan for the initial assignment, as well as any changes for subsequent campaigns, or special assignments. These negotiations will last no longer than ten (1 0) business days, unless extended by mutual agreement of the parties. Representatives on emerging market assignments will be paid a commission rate commensurate with target earnings.
(3) Representatives on emerging market assignments may also be paid a bonus based on pre-determined performance or activity targets.
(4) Representatives on emerging market assignments will return to the sales compensation plan for their respective channels when market conditions allow commensurate earnings with the appropriate title, or at the end of the assignment, as applicable.
(5) The Union shall be notified at least thirty (30) days prior to the start of any emerging market assignment commenced pursuant to these provisions.
(6) Following each six (6) month period, or at the estimated half-way point (50%) of an emerging market assignment, whichever is shorter, the Union shall have the right, upon request, to review the status of the assignment, including but not limited to the performance of the assignment versus modeling and targets, and the compensation of reps assigned.
k. Monthly Commission Targets and Assurances 116 The purpose of the Monthly Commissions ("MC") element of the Sales Compensation plan is to focus selling behaviors on net revenue results by account. It is intended to be a substantial component of sales representatives' compensation going forward and YP is confident that it will drive the intended sales performance. However, given that it is a new compensation approach for our business and the results are not guaranteed, YP agrees that it shall pay representatives at least pursuant to the MC and sales incentives payout assurances detailed below. In exchange for providing the following assurances, YP shall have the ability during the term of the contract to revise elements of the MC and any other sales incentives, in order to ensure that the Company is achieving its sales goals.
It is expressly understood that the "NISD/BOTS" and "% of NISD Paid" elements of the MC shall not be changed more than one time per 12 month period, per channel, unless the Company determines that an "unscheduled" change is necessary to increase rates in order to ensure that the below average guarantees are met. Further, it is agreed and understood that no changes to the MC/Incentive plans shall be made during the term of this contract that are projected to pay out less than 100% of the target average annual MC pay listed below, by channel.
In the event that the Company determines that elements of the MC need to be changed during the term of the contract, it shall notify the Union at least 30 days in advance of the implementation of such changes, in order to explain the reasons for and impacts of such changes, and to allow the Union an opportunity to discuss potential alternatives. Following such discussions, the Company shall have the right to implement the announced changes.
(1) Senior Account Representatives.
(i} The ta;gat average annuai pay earned from MC and sales incentives for Senior Account Representatives is $19,000.
(ii) After one calendar year following implementation of the plan, if MC and sales incentives have not averaged at least 90% of the $19,000 target (or $17,1 00) for full-year Senior Account Representatives, distinct plan elements (likely incentives) will need to be utilized to make up the difference within three months of the calendar end date.
117 (2) Account Representatives.
(i) The target average annual pay earned from MC and sales incentives for Account Representatives is $17,000.
(ii) After one calendar year following implementation of the plan, if MC and sales incentives have not averaged at least 90% of the $17,000 target (or $15,300) for full-year Account Representatives, distinct plan elements (likely incentives) will need to be utilized to make up the difference within three months of the calendar end date.
(3) Sales Representatives.
(i) The target average annual pay earned from MC and sales incentives for Sales Representatives is $11,000.
(ii} After one calendar year following implementation of the plan, if MC and sales incentives have not averaged at least 90% of the $11,000 target (or $9,900) for full-year Sales Representatives, distinct plan elements (likely incentives) will need to be utilized to make up the difference within three months of the calendar end date.
Section 4. Assignment of Accounts (excludes New Media Representatives, Business Acquisition Representatives, and Retention Representatives.)
a. General Market Assignment (excludes Senior Account Representatives):
Upon the Company notifying the Union ot 1ts intent to modify terms within Article XXV!!, Section 4, during the term of this Agreement, the parties shall meet and confer in good faith regarding such changes no more than one time during the term of this Agreement, though neither party shall be obligated to meet and confer regarding changes to other sections of this Agreement. Following such meet and confer discussions and consideration of Union-proposed alternatives, the Company shall have the right to make any agreed upon changes.
(1} New Business Continuity 118 Within the limits of the Company's mechanized assignment system, accounts assigned as New Business Continuity will include non-revenue accounts that purchase any billed items of advertising, as well as PPC accounts. These accounts will be reassigned to the selling Representative for one year following the initial assignment year, provided that the Representative is assigned to the canvass in the second year. After the second year, these accounts will be assigned in the General Market. If the Representative is not assigned to the canvass in the second year, these accounts will remain in the channel for that second year, and thereafter migrate to the General Market. Account Representatives moving from the Premise channel to the Telemarketing channel will be exempted. The exception to this paragraph is New Media accounts, which shall be appropriately channeled after the first year.
(2) Credit Weighted Continuity
With the exception of those Credit Weighted Continuity accounts that may be added or removed pursuant to Section 4. (3), within the limits of the Company's mechanized assignment system, previous issue credit waived accounts and accounts with a credit class of D1, 02, E and F (Credit Weighted Continuity) will be reassigned to the selling representative for one year following the initial assignment year, provided that the Representative is assigned to the canvass in that year. After the second year, if the account credit status is upgraded to a Credit Class A, the account will be placed in the General Market. If the credit status continues to meet the Credit Weighted Continuity parameters the account will remain in Credit Weighted Continuity for assignment. These credit weighted accounts will be assigned to Representatives that have not met the Credit \/Veighted Continuity accounts revenue average. Account Representatives moving from the Premise channel to the Telemarketing channel will be exempted.
(3) General Market
With the exception of accounts assigned as New Business Continuity in a. (1) above and as Credit Weighted Continuity in a. (2) above, a fair sample of the premise market will be assigned to Account Representatives, and a fair sample of the telephone sales market will be assigned to Sales Representatives. 119 b. General Market Assignment may be adjusted ten percent (10%) based on the Representative's individual performance on his/her previous major canvass. The adjustment will be based on the individual Representative's gross sales percentage in his/her Market Assignment in his/her previous major canvass. Individual Representative adjustments will be determined based on which of the three (3) tiered categories of the channel/group average gross sales percentage of the prior year's major canvass they performed in. Those Representatives who performed in the top third will receive up to an additional ten percent (10%), those Representatives in the middle third will receive no adjustment, and those Representatives in the bottom third will receive up to a ten percent (10%) reduction.
c. Management may force key (exclude) accounts for which customers have demanded, in writing, that their account(s) not be assigned to the previous issue's Representative, regardless of the account's size and previous issue's billing fluctuation. These accounts will remain in the assignment channel (telemarketing, premise, senior account) in which they resided in the previous issue.
d. General Market Assignment (excludes Senior Account Representatives)
General Market assignments will be in sufficient quantities to keep the Representatives fully occupied within the limits of the market and the business.
General Market Assignments will be of sufficient quality to afford reasonable sales possibilities within the limits of the market and the business.
Subject to the needs of the business, at General Market Assignment, the Company will strive to achieve as much "Follow Yourself" continuity as is practicable.
It is the intent of the Company to balance the canvass assignments to achieve a plus or minus twenty percent (20%) of the average revenue at General Market Assignment.
120 e. Post Market Assignment/Reassignment
Subsequent assignments will be made to Representatives based on the individual's performance with consideration given to those Representatives who have demonstrated an ability to handle the market under canvass. Accounts reassigned after the fifty percent (50%) point in a campaign resulting in a loss may be returned to the Representative to which the account was originally assigned (excludes Senior Account Representatives). f. Any New Connect account that has not been completed (i.e., retired and without queries) within fifteen (15) working days from the day the account was assigned to a Representative may be available to other Representatives, or may be reassigned (excludes Senior Account Representatives). g. After an account is assigned to a Representative, the Representative may sell any item offered by the Company, provided a product has not been restricted as the subject of an emerging market assignment, trial, or other similar program requiring temporary exclusivity. Following such period of exclusivity, Representatives shall be able to sell such products, provided that the Company continues to offer them for sale in the market. h. The Company maintains the right to determine the market, including the sales channels used to contact customers, the assignment of personnel to sales channels and the assignment, reassignment, or movement of accounts between sales channels or between individuals within sales channels. However, the Company shall notify the Union as far in advance as possible of its decisions and will consider input from the Union that is provided in a timely manner. It is not the intent of the Company to use assignment practices, policies or procedures to negatively impact the earnings opportunities of its representatives. The Company's decisions and implementation of any assignment, practices, policies and procedures will not be subject to grievance or arbitration under this agreement. The "market" is defined as any grouping of revenues, accounts or items the Company determines to be appropriate for handling within the same assignment. It may or may not be limited to the same product, publication, or geographical location. The revenues, accounts and items, which shall be considered within markets, may be changed from canvass to canvass. The only exceptions will be decisions made with the intent solely to negatively impact an individual's compensation or assignment to particular
121 campaigns. No other prov1s1on of this or any other agreement shall supersede the Company's authority to make final market assignment and implementation decisions.
i. An account closed by a Representative and submitted to the Company for payment of commissions may be reassigned to any employee of the Company. If the Company receives a customer request to be recontacted prior to the close of the same Market Canvass, and the account has not been reassigned, the account will be reassigned to the original Representative.
Section 5. Commission Advance Recovery Process.
Given the importance of proper and timely payment of commissions to employees, and to avoid any misunderstanding of third parties, the parties agree to clarify herein their longstanding intent and practice concerning the payment of commissions. Because commission rates and the contract price applicable to a sale may change after the employee was advanced a commission and before all conditions have been satisfied to earn a commission, commissions are earned by employees only when the final commission rate and contract price applicable to a sale are determined by the Company, and all of the conditions to earn commissions have been satisfied. Until the commissions are earned, any commission payments made to employees under this Agreement are advances to be applied against employees' future earned commissions. If employees are advanced commissions, which are not later earned by the employees, the Company will adjust the commission advances by deducting the unearned portion of the commission advances from the employees' future commission payments. All references to commissions in this Agreement are to commission advances until the commissions become earned.
A Representative's commission earnings that are advanced shall be subject to recovery when any of the following conditions exist:
a. A commission adjustment shall be made when an adjustment of an advertiser's account is due to an error of the salesperson, as determined by the Company. The adjustment is equal to the percentage that the advertiser's account is adjusted.
b. Query Adjustment: A commission adjustment shall be made on any contract for which the Representative did not resolve a query.
122 If a query is posted on any contract where comm1ss1ons have been paid, the Representatives will have fifteen (15) working days to resolve the query before a commission adjustment occurs.
If the query is not resolved within fifteen (15) working days, for commission purposes the reporting-base and revenue-retired will be reversed and the commissions adjusted.
If a query is not resolved before "query boost" due to the responsibility of the Representative, for commission purposes, the Representative will be held responsible for reporting base and objective, and get no credit for the retired revenue. The result will be a commission adjustment. c. If, after signing an advertising contract and before the advertising publishes (including internet products), a customer requests that the advertising items it contracted for be changed and the total advertising charges contracted for decreases, the Company will adjust the commission advances paid to employees to reflect the final contract price. If, after signing an advertising contract and before the advertising publishes, the Company discounts the advertising charges for any item contracted for and the advertising charges contracted for decreases, the Company will adjust the commission advances paid to employees to reflect the final contract price. In both instances, the adjustment is equal to the percentage that the advertiser's account is adjusted. If, after signing an advertising contract and before the advertising publishes, a customer cancels the advertising contracted for, no commission is earned for the advertising and the adjustment to the commission advances will be 100% of the commissions paid. If a customer's advertising publishes for a product with an open, unhandled query no commission is earned for the advertising.
d. For Sales Represeniatives, Business Acquisition Representatives and Retention Representatives, at the end of the life of a product, a NISD adjustment shall be made on all product(s) if less than 16% of the total customer billing is collected. The commission adjustment will be applied based on the rates paid at the time of the sale. Once an account is written off (i.e., billing is stopped) the Company reserves the right to accelerate the commission adjustment.
e. In the case of advertising sold but which is not published, due to errors for which the Representative is not responsible, there shall be no chargeback of commissions. 123 f. If an employee has not earned all commission advances at the time the employee's employment with the Company terminates, either voluntarily or involuntarily, the Company is authorized to deduct the unearned portion of the commission advances from the employee's final paycheck.
Section 6. Commission Debit Proration.
a. To minimize the impact of possible debit situations, Representatives shall have the opportunity to select a percentage of their commission earnings to be protected on a payroll period basis, by signing a Commission Protection Election Form. The percentage eligible for protection is 0%, 25%, or 33%. After the percentage is selected, no commission debit will result in commission earnings of less than the selected percentage unless an individual's total accrued debt is greater than five thousand dollars ($5,000), in which case no commissions will be protected until accrued debt is below five thousand dollars ($5,000). A Representative may change the selected percentage on a quarterly basis.
(1) If a Representative's total accrued debt is greater than five thousand dollars ($5,000), the Representative may appeal to the Company Director - Labor Relations to protect up to thirty-five percent (35%) of his or her commission earnings on a payroll period basis. The Director- Labor Relations may grant the appeal at his/her discretion. If the Company grants the appeal, the Representative will have to sign a Commission Protection Election Form, which will be modified to address this situation.
(2) Commission debits as a result of non-performance related transactions (i.e. system, input, table errors) will not be elig1bie for proration. Collection of non performance related debits will be arranged between the employee and the Company. It is the intent of this section that non-performance related debits be repaid by the employee as soon as possible.
Section 7. Miscellaneous Provisions.
a. All Company products will be used at the customer/canvass level, including but not limited to internet, when calculating all commissions under this Article. 124 b. Treatment of Account Packages Involving NYPS Activity (excludes New Media Representatives, Business Acquisition Representatives and Retention Representatives)
(1) When a NYPS insertion order inserts or removes a NYPS item (s) on an account and the account's local revenue decreases, the account's local revenue will be adjusted by the revenue amount of the net NYPS activity or the account's local in market revenue amount of loss, whichever is less.
(2) Revenue transferring from NYPS (excluding TSL's and their subordinate EL's and AL's) to the local market will be treated as "Existing Business" for pay purposes.
(3) A Representative may retire the account as "No Local Authority", and adjust the account's assigned revenue, provided all local items are superseded (replaced item for item) by NYPS.
(4) Commissions advanced on accounts handled prior to NYPS insertion order activity will be recovered appropriately. c. When items or headings are deleted, and, in the Company's judgment, there are no suitable replacement item(s) or heading(s), an adjustment will be made to existing business equal to the value of the deleted item(s) or heading(s). If a format change in a publication results in a change of UDAC, and in the Company's judgment an equivalent UDAC exists, only the difference between the value of the current UDAC and the equivalent UDAC in the next publication will be adjusted (excludes New Media Representatives, Business Acquisition Representatives, and Retention Representatives). d. Barter Accounts: If a Representative retired an account and the Company subsequently barters additional advertising for products and services from the account, the account will not be reassigned to a manager and the Representative's commissions will be kept whole. If a Representative did not retire an account before the Company barters additional advertising for products and services from the account, the account will be reassigned to a manager and no commission will be paid.
125 e. Length of service shall be taken into account in the treatment of employees covered by this Article insofar as the conditions of the business and the ability of the employee permit.
f. An Authorized Holiday falling on Saturday shall be considered as part of the regular work assignment of each Representative (except absentees).
g. Compensation at the rate of one and one-half times the regular rate shall be paid to Sales Representatives, Business Acquisition Representatives, and Retention Representatives for work in excess of forty hours in any calendar week.
h. Sales Representatives, Business Acquisition Representatives, and Retention Representatives shall be assigned or allowed one fifteen-minute relief period to start not less than one hour from the beginning or end of each session.
i. Forty hours consisting of five scheduled tours of eight hours each, shall constitute the normal work week for Sales Representatives, Business Acquisition Representatives, and Retention Representatives. If service requirements demand, the forty scheduled hours may be spread over any six days in the calendar week. Tours may fall on any days of the week necessary to meet service requirements.
j. The Company reserves the option to designate any account or account package as a "Windfall Sale" before the order is accepted. The General Manager in the market will confer with the Senior Account Representative and the Local Union President or designee to arrive at a reduced commission for the Windfall Sale. A reduced commission must be agreed upon by the Company and Local Union designee before the order is accepted and considered commissionable business. "Windfall Sale" is commissionable business in excess of $100,000.00.
k. The examples contained in this Article cannot cover every situation and appropriate variations thereof may be applied to varied situations as they occur.
Section 8. Reimbursement of Expenses (Applicable to Senior Account Representatives, Account Representatives, and New Media Representatives only.)
a. Meal and Incidental Expense (M&IE) Per Diem 126 A M&IE per diem as stipulated below will be paid to a Senior Account Representative, Account Representative, or New Media Representative at a flat rate per day for reimbursement of all business expenses incurred within the Market Canvass, excluding mileage and lodging, as follows:
(1) A flat rate of $28.50 per day in all market canvasses for which overnight lodging is authorized and actually maintained each day. The $28.50 per day will also apply to a Senior Account Representative, Account Representative, or New Media Representative that is assigned to and does attend training or other assignments for which overnight lodging is authorized and actually maintained each day.
(2) A $8.50 per diem for the day of return to the headquarters market from an assignment for which overnight lodging was authorized.
(3) The payment of the Meals and Incidental Expense (M&IE) per diem above is also subject to the following conditions:
(i) When a meal is provided by the Company in a Market Canvass for which overnight lodging is authorized and actually maintained, the per diem pre scribed for that Market Canvass will be reduced by the actual cost of the meal provided or $10.00, whichever is less.
(ii) Payment of the per diem shall continue during that portion of the Market Canvass in which the Senior Account Representative, Account Representative, or New Media Representative remains in the Market Canvass for which overnight lodging is authorized and actually maintained, but does not work during the first seven (7) days of sickness, provided the Senior Account Representative, Account Representative, or New Media Representative is not confined to a hospital.
(iii) When a Senior Account Representative, Account Representative, or New Media Representative travels on Saturday or Sunday going to or from the Market Canvass, and such travel has prior supervisory approval, payment or nonpayment of any per diem shall be determined by the Company.
127 (iv) When a holiday occurs during the period in which a Senior Account Representative, Account Representative, or New Media Representative is working in a Market Canvass for which overnight lodging is authorized and actually maintained, the Account Representative or Senior Account Representative, or New Media Representative shall receive the prescribed per diem, provided that with the advance approval of the Company the Senior Account Representative, Account Representative, or New Media Representative remains in the Market Canvass for which overnight lodging is authorized and actually maintained.
b. Lodging
When a Senior Account Representative, Account Representative, or New Media Representative is authorized to and actually does maintain overnight lodging, the lodging expense will be paid on an actual cost basis, up to but not more than a maximum daily amount as prescribed by the Company.
c. Monthly Automobile Allowance
Each Senior Account Representative, Account Representative, or New Media Representative is required to have a valid drivers license and to provide an appropriate automobile, acceptable to the Company as to appearance and operating condition, to be used for Company business. The Representative must retain bodily injury and property damage insurance, with respect to automobiles used for Company business, with a minimum of $100,000/$300,000 bodily injury and $50,000 property damage or $300,000 combined single limit. Representatives will be required to furnish a current copy of their automobile insurance policy at least annually to confirm that these minimum coverages are in effect. When a Senior Account Representative, Account Repiesentative, or New Media Representative is authorized to and actually does use the automobile for Company business, the Representative will receive an allowance of $325.00 per month for each full calendar month that the Representative is so authorized. The monthly allowance shall be reduced by the following schedule in an amount not to exceed the total monthly allowance for: (a) each full day of absence covered by a disability benefits plan sponsored by YP, (b) each full day of unpaid absence, (c) each full day of departmental leave or leave of absence, (d) each full day of suspension, (e) each day of and each day
128 following termination or days not considered by the Company to be on the Company payroll:
By $16.25 for each full day of absence in a month of 20 normal working days. By $15.48 for each full day of absence in a month of 21 normal working days. By $14.77 for each full day of absence in a month of 22 normal working days. By $14.13 for each full day of absence in a month of 23 normal working days.
Note: Normal working days shall be Monday through Friday and for purposes of the monthly automobile allowance shall include holidays falling on such days. d. Daily Automobile Allowance
An automobile allowance as stipulated will be paid to a Senior Account Representative, Account Representative, or New Media Representative at a flat rate per day for reimbursement of all automobile operating expenses as follows:
(1) A $12.00 per day automobile allowance when performing the duties of a Senior Account Representative Account Representative or New Media Representative, in the headquarters market canvass and all other market canvasses. e. Between Market Mileage
(1) A Senior Account Representative, Account Representative, or New Media Representative, authorized by the Company to travel between markets, shall receive a mileage payment for the miles between such markets, at the rate of seventeen (17) cents per mile.
(2) Mileage reimbursement will be based on the route distance from the Senior Account Representative's, Account Representative's, or New Media Representative's home to the temporary work location or the route distance from the regular work location to the temporary work location, whichever is shorter. f. Miscellaneous
129 (1) If the Company requires a Senior Account Representative, Account Representative, or New Media Representative to remain in a Market Canvass for seven (7) consecutive days in which overnight lodging is authorized and is actually maintained, an allowance for laundry and cleaning expense actually incurred will be paid to the Senior Account Representative, Account Representative, or New Media Representative, up to, but not more than, the maximum amount of $30.00 for the seven (7) consecutive day period.
(2} If the Senior Account Representative's, Account Representative's, or New Media Representative's Market Assignment requires remaining away from home over two (2) successive weekends, the Company may authorize the Representative to use his/her automobile to return home over the second weekend at the regular rate of seventeen (17) cents per mile. In exceptional cases, where unusually long distances are involved, public transportation may be required by the Company.
In cases of out-of-town market canvasses that involve long distances, public transportation may be used, with the Company's authorization, and will be reimbursed as follows:
(i) round-trip, intercity public transportation (normally airplane coach and/or intercity bus fare) if applicable;
(ii) local transportation from and to the Senior Account Representative's, Account Representative's, or New Media Representative's regular reporting location in his/her home city and the public transportation terminal in the Senior Account Representative's, Account Representative's, or New Media Representative's home city not to exceed $6 each way;
(iii) parking at the home city's public transportation terminal in the designated "Long Term Parking Facility" not to exceed $12.00 per day, beginning with the day that the employee travels to the temporary location and ending with the day the employee returns to the home location. The Company may designate what is to be considered the "Long Term Parking Facility" so long as there is shuttle service to the Public transportation terminal and reasonable security for parked vehicles;
130 (iv) local transportation not to exceed $6 each way in the distant city from and to the designated place of lodging and the distant city's public transportation terminal; and,
(v) local transportation, if required and not otherwise provided by the Company, between the place of lodging and the assigned reporting location.
Reimbursement for the above exceptions will be made only if the expenditures are actually incurred.
(3) The Company will treat as taxable income to the employee that portion of the allowances and/or per diems which exceed the IRS maximum allowable reimbursement. As used in this Article, "IRS maximum" means the maximum non taxable Meals & Incidental Expenses (M&IE) and personal vehicle reimbursement amounts stated in the Internal Revenue Service regulations, rulings and procedures applicable to employee business travel expenses.
ARTICLE XXVIII NEW PRODUCTS AND SERVICES
The Company intends to make offerings of new products and services from time to time in the interest of increasing its flexibility and diversifying its market presence and meeting its customers' needs. It is understood that the new offerings may be proprietary to the Company or may be made only as a sales agent on behalf of a third party. In order to maintain needed flexibility, the parties agree to meet and confer from time to time to make needed ad hoc modifications.
a. NevJ Products and Services may be offered or discontinued by the Company at any time and for any reasons. It is also understood that in certain instances, the Company may only act in the capacity of sales agent and that both its sales agency and ability to offer a particular product or service may be discontinued without explanation or notice.
b. When an account package or portion thereof has been retired, and Management determines that additional effort(s) should be made to sell New Products and Services to the customer, the account package may be reassigned to any employee of the Company for the purpose of selling New Products and Services. The Representative from whom 131 the account package is reassigned will no longer be allowed to sell New Products and Services to that account package for the duration of that canvass.
ARTICLE XXIX PRIOR AGREEMENTS
This Agreement supersedes and cancels the 2009 Departmental Agreement and all amendments and supplements thereof.
ARTICLE XXX DURATION
This Agreement shall become effective as of November 5, 2014, and shall continue until 11 :59 p.m., on December 9, 2016, at which time it will terminate unless extended by mutual agreement in writing prior to said termination date.
IN WITNESS WHEREOF, Communications Workers of America and YP Texas Region Yellow Pages LLC have caused this Agreement to be executed by their respective duly authorized officers and representatives, as of the day and year first above written.
COMMUNICATIONS WORKERS
BY CLAUDE CUMMINGS, JR
APPROVED BY
LARRY COHEN President Communications Workers of America
YP TEXAS REGION YELLOW PAGES LLC
BY KEITH HALPERN
132 APPROVED BY
ALLAN RICHARDS Chief Human Resources Officer YP LLC
133 2013 AGREEMENT OF GENERAL APPLICATION
AGREEMENT made as of October 8, 2014 and effective as of November 5, 2014, by and between COMMUNICATIONS WORKERS OF AMERICA (hereinafter called the "Union"), and YP TEXAS REGION YELLOW PAGES LLC, a Delaware corporation, (hereinafter called the "Company" or "Management~~). which Union is recognized by the Company as sole collective bargaining agent for the Company employees in the Bargaining Unit as set forth in the 2013 Departmental Agreement. The Union and the Company agree, subject to any applicable provisions of the 2014 Memorandum of Agreement, as follows:
ARTICLE I COLLECTIVE BARGAINING PROCEDURE
Section 1. All negotiation of proposals for changing, adding, removing, renewing, or superseding any provision or provisions in the 2013 Departmental Agreement between the Company and the Union effective as of November 5, 2014, shall be between representatives designated and so authorized respectively by the parties thereto.
Section 2. All negotiation of proposals for changing, adding, removing, renewing, or superseding any provision or provisions in this Agreement shall be between representatives designated and so authorized by the Union, and representatives designated and so authorized by the President of the Company.
Section 3. Unless otherwise provided by the 2013 Settlement Agreement, neither the Union nor the Company shall be required to meet or discuss any proposal covered by Section 1. or Section 2. of this Article if such proposal is to be made effective prior to December 9, 2016.
Section 4. Meetings under this Article shall be held in St. Louis, Missouri, unless it be otherwise mutually agreed.
Section 5. The Company shall compensate up to six (6) employee Union representatives for attending collective bargaining meetings under this Article. Such compensation shall be at the employee's basic wage rate for a normal scheduled work day, except for Account Representatives, Sales Representatives, Senior Account Representatives, New Media
134 Representatives, Business Acquisition Representatives, and Retention Representatives who shall be allowed pay in accordance with Article XXVII.
ARTICLE II SERVICE INTERRUPTION
The Company and the Union recognize their responsibility in the interests of the public and the employees to avoid interruptions in Company operations. Accordingly, they will process promptly employee complaints and grievances which are subject to handling under grievance procedures for the purpose of avoiding interruption of service to the public and economic loss to employees from work stoppages.
Any employee complaint or grievance which is subject to handling under the grievance pro cedures shall be presented and heard promptly in accordance with the provisions of those pro cedures and the arbitration procedures, where applicable.
As to those employee grievances which are subject to arbitration, the Union, its officers, or representatives will not order or sanction a work stoppage or slowdown at any time.
As to those employee complaints and grievances which are not subject to arbitration, the Union, its officers, or representatives will not order or sanction a work stoppage or slowdown while the matter is being processed through the Grievance procedures.
ARTICLE Ill UNUSUAL GRIEVANCES
Whenever the Vice President of the Union (or in his or her absence, the Assistant to the Vice President) informs the President of the Company, or a representative designated by the President, that a complaint or grievance exists which in the opinion of the Vice President of the Union involves a condition which constitutes a serious and immediate threat to the health or safety of an employee or group of employees and which in his or her opinion requires prompt handling, and it is mutually agreed that such a question of health or safety is in fact involved, then such complaint or grievance may be presented and heard at such level of the Grievance Procedure as the Vice President of the Union may select. The first meeting with respect to such 135 complaint or grievance shall be held at a time and place to be agreed upon and as promptly as conditions permit; the two-week time limitation set forth in the Grievance Procedure shall be applicable. There shall be no obligation on the part of the Union to appeal such complaint or grievance to any higher level, and the grievance if arbitrable shall then be subject to the provisions of the arbitration procedures of this Agreement.
ARTICLE IV GRIEVANCE MEDIATION
In recognition of the need to expeditiously resolve, to the extent possible, grievances which would otherwise be subjects for Arbitration under Article V of the 2013 Agreement of General Application and to avoid the expense attendant to such proceedings, the parties hereby establish this Grievance Mediation Program for use after the completion of the two step grievance pro cedure set out in Article XX of the 2013 Departmental Agreement, as follows:
Section 1. Once a grievance has been appealed to arbitration under Article V, the grievance may be heard in a grievance mediation proceeding before it is heard in arbitration. Grievances which are proper subjects of arbitration under Article V may be referred to the grievance mediation procedure by mutual agreement of the parties, following a timely request for arbitration under Article V.
Section 2. The parties shall each designate a spokesperson of their choice to attend each mediation proceeding. The parties may select such other participants to attend in the same manner as in an arbitration hearing under Article V.
Section 3. Proceedings before the mediator shall be informal in nature. The rules of evidence will not apply and no record of the proceedings will be made. The issue mediated will be the same issue raised in the grievance and considered in the grievance procedure.
Section 4. In the mediation proceedings, the function of the mediator shall generally consist of receiving any relevant presentations and evidence offered by the parties. The mediator will be authorized to confer privately with either or both parties or any person attending the proceeding. The mediator shall endeavor to assist the parties in reaching a mutually acceptable resolution of the grievance.
136 Section 5. The mediator shall not have the authority to compel any resolution of a grievance.
Section 6. In the event that a mutually acceptable resolution of a grievance is reached, the terms of the resolution may be required to be reduced to writing at the request of either party, and signed by the parties and the grievant. No settlement or resolution reached in the course of mediation, or the terms or surrounding circumstances of any such settlement or resolution, will, in any case, be cited as precedent or be precedent setting.
Section 7. If no resolution or settlement of the grievance is reached during the mediation, the mediator shall provide the parties with an immediate oral advisory opinion unless both parties request that no opinion be provided. The mediator shall state the grounds for his/her opinion. Neither this opinion nor the grounds therefor shall constitute or be cited as precedent or evidence or be otherwise alluded to in any subsequent grievance or arbitration or other proceeding between the Company and the Union.
Section 8. In the event that a grievance which has been mediated is subsequently arbitrated, no person serving as mediator may serve as arbitrator in the subsequent arbitration of that case. Should such a subsequent arbitration occur, nothing said or done by the mediator may be cited or referred to or introduced into evidence. In addition, no proposed resolution or settlement proposal offered by the mediator or either party may be cited or referred to in the arbitration.
Section 9. If no resolution of a grievance is reached in the mediation proceeding, the matter may then proceed to arbitration under Article V, unless it is withdrawn or otherwise resolved.
Section 10. As soon as possible after this Agreement becomes final and binding, a panel of mediators shall be selected by the parties. Each mediator shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The mediator shaii be notified of his or her termination by a joint letter from the parties. A successor shall be selected by the parties. Mediators shall be assigned cases in rotating order designated by the parties. If a mediator is not available for a hearing within twenty (20) working days after receiving an assignment, the case will be passed to the next mediator. If no one can hear the case within twenty (20) working days, the case will be assigned to the mediator who can hear the case on the earliest date.
Section 11. Mediations shall take place at such times and at such locations as are mutually agreeable to the parties and the mediator. 137 Section 12. The parties agree to share equally the compensation and expenses of the mediator and any other general administrative expenses that may occur. Each party shall pay for the time consumed by and expenses of its representatives and witnesses or participants in mediations.
ARTICLE V ARBITRATION
Section 1. If, during the term of this Agreement, with respect to the 2013 Departmental Agreement effective November 5, 2014, between the Union and the Company, and subsequent agreement which by specific reference therein are made subject to this Article, a difference shall occur, between the Union and the Company, and continue after all steps in the "Formal Grievance" procedure established in the 2013 Departmental Agreement shall have been under taken and completed, regarding,
a. the true intent and meaning of any specific provision or provisions thereof (except as such provision or provisions relate, either specifically or by effect, to prospective modifications or amendments of such agreement), or
b. the application of any provision or provisions thereof to any employee or group of employees, and grievances arising from such application, or
c. the dismissal for just cause of any noncommission employee with more than one (1) completed year's net credited service, or, the dismissal for just cause of any commission employee, including Account Representatives, Senior Account Representatives, Sales Representatives, New Media Representatives, Business Acquisition Representatives, and Retention Representatives with more than two (2) completed years' net credited service, or
d. the disciplinary suspension for just cause of any noncommlss1on employee or, the disciplinary suspension for just cause of any commission employee, including Account Representatives, Senior Account Representatives, Sales Representatives, New Media Representatives, Business Acquisition Representatives, and Retention Representatives with more than two (2) completed years' net credited service, 138 then in any such event, either the Union or the Management may submit the issue of any such matter to arbitration for final decision in accordance with the procedure hereinafter set forth or, where applicable, in accordance with Article VI of this Agreement.
Section 2. In the event that either party hereto, within sixty (60) days after completion of the Formal Grievance procedure aforesaid, elects to submit a matter described in the preceding section to arbitration the parties agree that the matter shall be so submitted, and agree that such submission shall be to one arbitrator. The parties shall endeavor in each instance within a three week period to agree upon the arbitrator, but if unable to so agree, the arbitrator shall be designated by the American Arbitration Association upon the written request of either party. In either such event, the arbitration shall be conducted under the then obtaining rules of the Voluntary Labor Arbitration Tribunal of the American Arbitration Association. Each party shall pay for the time consumed by and the expenses of its representatives, and shall be equally responsible for the fees of the American Arbitration Association, the compensation, if any, of the arbitrator, and any such other general administrative expense that may occur.
After an election to arbitrate, if within ninety (90) days following completion of the Formal Grievance procedure no arbitrator has been agreed upon and no written request has been made upon the American Arbitration Association to designate an arbitrator, then no such matter shall continue to be arbitrable.
Section 3. The arbitrator shall be confined to the subjects submitted for decision, and may in no event, as a part of any such decision, impose upon either party any obligation to arbitrate on any subjects which have not herein been agreed upon as subjects for arbitration; nor may the arbitrator, as a part of any such decision, effect reformation of the contract, or of any of the provisions thereof.
Section 4. The decision of any arbitrator, selected in accordance with Section 2. hereof, shall be final, and the parties agree to be bound and to abide by such decision.
Section 5. If and when notice of termination of this Agreement be given as provided in the Duration Article hereof, any existing dispute described in Section 1. hereof as an appropriate subject for arbitration which is in the process of Formal Grievance negotiation of record prior to the service of such notice of termination, or, if such an existing dispute appropriate under Section 1 . hereof shall become a matter of record in the process of Formal Grievance negotiation in the 139 manner and within the time limit prescribed for filing Formal Grievances, then in either such event any such matter may be carried to a conclusion under this Article without regard to the termination of this Agreement.
ARTICLE VI EXPEDITED ARBITRATION
In lieu of the procedures specified in Article V of this Agreement, any grievance involving the suspension of an individual noncommission employee, or, the suspension of any commission employee including Account Representatives, Senior Account Representatives, Sales Representatives, New Media Representatives, Business Acquisition Representatives, and Retention Representatives, with more than two (2) completed years' net credited service, except those grievances which also involve an issue of arbitrability, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing of a request for arbitration. In all other grievances involving disciplinary action which are specifically subject to arbitration under Article V of this Agreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitration, elect to use the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within the foregoing time period, the arbitration procedure in Article V shall be followed.
As soon as possible after this Agreement becomes final and binding, a panel of six (6) umpires shall be selected by the parties. Each umpire shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The umpire shall be notified of his or her termination by a joint letter from the parties. The umpire shall conclude his or her services by settling any grievance previously heard. A successor umpire shall be selected by the parties. Umpires shall be assigned cases in rotating order designated by the parties. If an umpire is not available for a hearing within twenty (20) working days after receiving an assignment, the case will be passed to the next umpire. If no one can hear the case within twenty (20) working days, the case will be assigned to the umpire who can hear the case on the earliest date.
The procedure for expedited arbitration shall be as follows: 140 a. The parties shall notify the umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The umpire shall notify the parties in writing of the hearing date. b. The parties may submit to the umpire prior to the hearing a written stipulation of all facts not in dispute. c. The hearing shall be informal without formal rules of evidence and without a transcript. However, the umpire shall be satisfied that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair and reasonably obtainable settlement are brought before the umpire. d. Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement. e. The umpire's settlement shall apply only to the instant grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the final step of the grievance procedure. f. The time limits in a. and d. of this Article may be extended at the request of either party or the umpire. If either party objects to a requested extension, the umpire shall rule on the request. Such extensions shaii not crrcumvent the purpose of this procedure. g. In any grievance arbitrated under the provisions of this Article, the Company shall under no circumstances be liable for backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
141 h. The umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
i. The decision of the umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
j. The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
ARTICLE VII LEAVES OF ABSENCE FOR UNION REPRESENTATIVES ON UNION BUSINESS
Section 1. Employees of the Company in the Bargaining Unit who are either elected officers of the Union, or are designated in accordance with Section 3. of this Article as its representatives, will be excused from regular work with the Company or be granted formal leaves of absence to attend to business matters pertaining to the Union (AFL-CIO in addition to Communications Workers of America), subject to the following provisions:
Section 2. The Union recognizes that service requirements as determined by the Company must be taken into account in determining the number of employees to be excused or granted leaves of absence during any one time from the Bargaining Unit. Except where it is impossible because of time or other circumstances, such Union officer, steward, or designated representa tive shall give his or her supervisor one week's prior notice of his or her intention to be absent from duty for Union business.
Section 3.
a. Subject to the limitations in Sections 1. and 2. next above, any such Union officer in cluded on a list or lists furnished to the Company by the Union, or where specifically designated by a CW A Representative, or by the Vice President of the Union to the Company Vice President-Human Resources, any elected or designated Union steward or representative may, upon request to his or her supervisor, be excused without pay from 142 assignment to Company duty for intervals aggregating not in excess of sixty (60) normally scheduled work days during any calendar year, and during the same period not more than a total of six (6) Union officers and representatives from the Bargaining Unit, specifically designated by the Vice President of the Union to the Company Vice President-Human Resources, may upon request be excused without pay from assignment to Company duty for intervals aggregating not in excess of one hundred fifty (150) normally scheduled work days during such year.
b. (1) Where, under the provisions of this Agreement, an employee representative of the Union is engaged in meetings with the Company with respect to Collective Bargaining (as defined in Article I hereof) or
(2) Where, under the provisions of the 2013 Departmental Agreement between the Union and the Company, an employee is protected against loss of pay for time consumed in meetings with the Company with respect to complaints or grievances, then neither the time spent in any such meeting nor the time necessarily consumed in traveling to or from such meeting shall be taken into account in computing absence covered by this Section 3.
Section 4. Subject to the limitations in Sections 1. and 2. of this Article and in this Section 4, when an officer or designated representative of the Union requires time off from assigned Company duties to attend solely to Union matters, either before or after exhausting the time allowed without pay provided in Section 3. above, he or she will be granted a leave of absence without pay either upon the initiative of the Company or upon the request of the Vice President of the Union to the Company Vice President-Human Resources, provided that:
a. No such leave of absence shall be for an initial period of less than thirty (30) calendar days or more than one (1) year, nor shall the total cumulative period of all such leaves of absence for any one employee exceed fifteen (15) years; and
b. No more than a total of six (6) Union officers and designated representatives may be granted such leaves of absence at any one time at the request of the Union.
Section 5. All leaves of absence granted under this Article will be granted with the following conditions:
143 a. During the absence the employee shall retain eligibility, if any, according to term of service, for the Medical Plan, the Dental Plan, the Group Life and Accidental Death or Dismemberment Insurance, and the Vision Plan, provided that:
(1) The employee shall pay his or her pro rata share of the premiums for the Medical Plan, the Dental Plan and the Vision Plan.
(2) The Company shall pay the premium for the Group Life and Accidental Death or Dismemberment Insurance.
b. During the absence the employee shall retain eligibility, if any, according to term of service, to
(1) Payments subject to the 2013 Departmental Agreement for absence due to illness during first seven (7) days after expiration of the leave,
(2) Disability benefits beginning on the eighth day after expiration of the leave,
(3) Death benefits and pensions.
c. The period of absence will not be deducted in computing term of employment, and the period of absence will not be credited for wage progression purposes.
d. The pension base shall not in any manner be affected by a leave of absence granted pursuant to this Article. Should an employee on such leave elect to retire at the termination thereof, the employee's pension base, if any, shall be computed as if the employee were continually employed during the period of leave.
Section 6. A leave of absence granted under the terms of this Article will be terminated (a) whenever the Union shall cease to be the bargaining representative for the employee or the Bargaining Unit, or (b) upon expiration of the period for which the leave is granted, or (c) prior to such expiration, upon the date an employee shall return to work following assignment by the employee's supervisor.
Section 7. Any employee excused from duty or granted a leave of absence under this Article will be restored to the status of an active employee at the termination of his or her absence, 144 provided that, had the employee remained in active service during the period of the absence, such employee would be qualified and eligible to retain his or her former position or an equivalent position.
No physical or occupational examination shall be required as a requisite of reemployment except where an obvious physical or mental condition exists which requires medical advice regarding job placements or fitness for work.
The rate of pay upon return shall be that rate at the same point on the wage schedule the employee occupied when he or she left; that is, any modification in wage progression schedules effected while the employee is on leave which changes the occupational rate in effect at the time of the leave, will be applicable to the employee upon his or her return.
Section 8. All rights of an employee under a leave of absence granted under this Article shall terminate if the employee resigns his or her employment with the Company or accepts employment with a new or different employer other than the Union, prior to the expiration of the leave.
Section 9. An employee returning to work during the vacation year at the expiration of a leave of absence under this Article which began on or prior to the first day of the vacation year, will be eligible for such vacation to which his or her term of service entitles the employee for the year during which he or she returns to work, provided that such return to work be before November 1 and provided further that an employee on a leave of absence which began on or prior to the first day of the vacation year taken under the provisions of Section 3. or Section 4. of this Article, or combination thereof, shall not interrupt that absence for the purpose of taking his or her vacation at Company expense.
ARTICLE VIII PENSIONS, DISABILITY BENEFITS, AND DEATH BENEFITS
During the term of this Agreement, no change may be made without the consent of the Union in the existing YP Pension Plan and YP Disability program which would reduce or diminish the benefits or privileges provided thereunder. Any claim that such benefits or privileges have been so diminished or reduced may be presented as a grievance and if not resolved by the parties under their grievance machinery may be submitted to arbitration pursuant to the provisions of 145 Article V hereof but in any such case any decision or action of the Company shall be controlling unless shown to have been discriminatory or in bad faith and only the question of bad faith or discrimination shall be subject to the grievance procedure or arbitration.
ARTICLE IX SUPPLEMENTAL INCOME PROTECTION PROGRAM
Section 1. If during the term of this Agreement, the Company notifies the Union in writing that technological change (defined as changes in equipment or methods of operation) has or will create a surplus of any job title in any work location which will necessitate layoffs or involuntary permanent reassignments of regular employees to different job titles involving a reduction in pay or to work locations requiring a change of residence, or if a force surplus necessitating any of the above actions exists for reasons other than technological change and the Company deems it appropriate, as of the effective date of termination of employment (whether or not eligible for a service pension) in the affected job titles and work locations who have at least twenty years of net credited service and whose age and years of net credited service, in sum, total seventy-five or more as of the effective date of the termination of employment, may elect, in the order of seniority, and to the extent necessary to relieve the surplus, to leave the service of the Company and receive Supplemental Income Protection benefits described in Section 4. of this Article subject to the following conditions:
a. The Company shall determine the job titles and work locations in which a surplus exists, the number of employees in such titles and locations who are considered to be surplus, and the period during which the employee may, if he or she so elects, leave the service of the Company pursuant to this Article. Neither such determinations by the Company nor any other part of this Article shall be subject to arbitration.
b. The number of employees who may make such election shall not exceed the number of employees determined by the Company to be surplus.
c. An employee's election to leave the service of the Company and receive Supplemental Income Protection benefits must be in writing and transmitted to the Company within thirty (30) days from the date of the Company's offer in order to be effective and it may not be revoked after such thirty (30) day period.
146 Section 2. Subject to the limitations in Sections 4. and 6., employees who so elect to leave the service of the Company and receive Supplemental Income Protection benefits may receive in combination with such benefits a termination allowance, if otherwise entitled, in an amount determined in accordance with basic contract provisions.
Section 3. Supplemental Income Protection payments for employees who so elect to leave the service of the Company in accordance with Section 1. shall begin within one month after such employee has left the service of the Company to continue until (i) 48 payments have been made; or (ii) when an employee leaves the service of the Company within 48 months prior to his/her 67th birthday, the remaining monthly payment(s) will be received no later than the 67th birthday, as one final payment; or (iii) when an employee leaves the service of the Company on or after his/her 67th birthday, the full 48-month benefit amount will be paid out in 24 monthly payments, the last of which shall be made no later than 24 months after the employee's termination.
Section 4. For an employee who so elects in accordance with Section 1, the Company will pay monthly as Supplemental Income Protection payments; (i) $8.00 for each year of net credited service (including a prorated amount for any partial year of net credited service) plus (ii) 40% of the final full-time basic weekly or equivalent wage rate for the employee's job title and location adjusted as set forth in Section 5. for any periods of part-time service of the employee. In no case, however, shall the monthly payment hereunder exceed in aggregate a total of $425.00 per month. In addition to the monthly benefits, for an employee who so elects in accordance with Section 1, the Company will pay a lump sum payment based on years of net credited service (prorated for part-time service as set forth in Section 5) as follows:
20 to 25 years ...... $2200 25 to 30 years ...... $2750 30 years and Over ...... $3300
Such lump sum payment will be made within sixty (60) days after the employee has left the service of the Company or, at the employee's option, will be made in the first quarter of the calendar year following the employee's termination of service. The maximum amount of Supplemental Income Protection benefits payable including any lump sum payment shall in no event exceed a total of $23,700.
Section 5. The years of net credited service and the final full-time basic weekly or equivalent wage rate as used in the preceding Section for purposes of determining the monthly payment and 147 the lump sum payment shall be prorated for any period of time during which an employee is employed on a part-time basis in the proportion of such employee's basic rate of pay during any such period to the basic rate of pay for an equivalent full-time employee in the same job title, classification, and work group during the same period in the same manner as calculated in the YP pension plan or its applicable successor Plan.
Section 6. In no event shall the combination of Supplemental Income Protection payments (including any lump sum payment) and any termination, layoff or similar allowance paid exceed the equivalent of twice the employee's annual compensation at the basic weekly wage rate (or its equivalent) received during the year immediately preceding the termination of service. To the extent necessary, Supplemental Income Protection payments shall be reduced by the amount of any termination, layoff or similar allowance paid to the employee so that the combination of Supplemental Income Protection payments and termination or other allowance payments does not exceed the equivalent of twice the employee's annual compensation at the basic weekly wage rate (or its equivalent) for the year immediately preceding the termination of service.
Section 7. As used in this Article, "annual compensation at the basic weekly rate (or its equiva lent)" or "basic weekly wage rate (or its equivalent)" does not include tour or temporary differ entials, overtime pay, or other extra payments.
Section 8. In addition to the conditions set forth above, any payments to a recipient hereunder shall be suspended upon the happening of any of the following:
a. Reemployment of the recipient by the Company; or
b. Employment of the recipient by an affiliate or subsidiary company within the same control group of companies as is the Company.
148 ARTICLE X VOLUNTARY INCOME PROTECTION PROGRAM
Section 1. If during the term of this Agreement, the Company notifies the Union in writing that technological change (defined as changes in equipment or methods of operations) has or will create a surplus in any job title in any work location which will necessitate layoffs or involuntary permanent reassignments of regular employees to different job titles involving a reduction in pay or to locations requiring a change of residence, or if a force surplus necessitating any of the above action exists for reasons other than technological change and the Company deems it appropriate, employees:
a. who are as of the effective date of termination of employment in the affected job titles and work locations;
b. who have at least two years of net credited service; and,
c. who are not eligible for Supplemental Income Protection payments, as of the effective date of the termination of employment, may elect, in the order of seniority, and to the extent necessary to relieve the surplus, to leave the service of the Company and receive Voluntary Income Protection benefits described in this Article subject to the following conditions:
(1) The Company shail determine the job titles and work locations in which a surplus exists, the number of employees in such titles and locations who are considered to be surplus, and the period during which the employee may, if he or she so elects, leave the service of the Company pursuant to this Article. Neither such determina tions by the Company nor any other part of this Article shall be subject to arbitration.
149 (2) The number of employees who may make such election shall not exceed the number of employees determined by the Company to be surplus.
(3) An employee's election to leave the service of the Company and receive Voluntary Income Protection benefits must be in writing and transmitted to the Company within thirty (30) days from the date of the Company's offer in order to be effective.
Section 2. In any force surplus situation where this provision may be applicable it will not be implemented by the Company unless and until employees in the affected job titles and work locations who are eligible have had an opportunity to elect to leave the service of the Company and receive Supplemental Income Protection benefits.
Section 3. Voluntary Income Protection payments for employees who so elect to leave the service of the Company in accordance with Section 1. shall begin at the next applicable payroll date after such employee has left the service of the Company. Payments will not continue beyond 60 weeks after the employee has left the service of the Company. Payments will be made coincident with normal payroll periods for the work group in which the recipient was employed immediately prior to terminating employment.
Section 4. For an employee who so elects in accordance with Section 1, the Company will pay as Voluntary Income Protection payments:
a. for each year of net credited service up to ten (10) years, one week of pay; and
b. for each year of net credited service in excess of ten ( 10) years up to twenty (20) years, two weeks of pay; and,
c. for each year of net credited service in excess of twenty (20) years up to thirty (30), three weeks of pay.
Such pay shall be equal to the recipient's basic rate of pay at the time of termination of employment. For any partial year of service, the payments set forth above will be prorated.
Section 5. In addition to the payments set forth in Section 4, for an employee who so elects in accordance with Section 1, the Company will reimburse the employee for actual expenses 150 incurred for relocation costs, tuition or training costs, or job placement expenses related to seeking other employment, or any combination thereof, up to an amount not to exceed $600 for each year of net credited service (prorated for any partial year of service) to a maximum of $3,000. Any such expenses for which reimbursement will be made must be approved by the Company prior to being incurred and must be incurred within one year from the date of termination of employment except that reimbursement for tuition or training cost will be made for such expenses incurred within two (2) years from the date of termination of employment.
Section 6. The years of net credited service and the final full-time basic weekly or equivalent wage rate as used in this Article for purposes of determining the periodic payment and the lump sum reimbursement shall be prorated for any period of time during which an employee is employed on a part-time basis in the proportion of such employee's basic rate of pay during any such period to the basic rate of pay for an equivalent full-time employee in the same job title, classification, and work group during the same period in the same manner as a termination allowance is calculated.
Section 7. In no event shall the Voluntary Income Protection payments (including any lump sum reimbursement) and any other allowance paid exceed the equivalent of twice the employee's annual compensation at the basic weekly wage rate (or its equivalent) received during the year immediately preceding the termination of service. To the extent necessary, the Voluntary Income Protection payments shall be reduced by the amount of any such other allowance paid to the employee so that the combination of Voluntary Income Protection payments and other allowance payments does not exceed the equivalent of twice the employee's annual compensation at the basic weekly wage rate (or its equivalent) for the year immediately preceding the termination of service.
Section 8. As used in this Article, "annual compensation at the basic weekly rate (or its equiva lent)" or "basic weekly wage rate (or its equivalent)" does not include tour or temporary differ entials, overtime pay, or other extra payments.
Section 9. In addition to the conditions set forth above, any payments to a recipient hereunder shall be suspended upon the happening of any of the following:
a. reemployment of the recipient by the Company; or
151 b. employment of the recipient by an affiliate or subsidiary company within the same control group of companies as is the Company.
ARTICLE XI RESPONSIBLE UNION-COMPANY RELATIONSHIP
The Company and the Union recognize that it is in the best interests of both parties, the employees and the public that all dealings between them continue to be characterized by mutual responsibility and respect. To insure that this relationship continues and improves, the Company and the Union and their respective representatives at all levels will apply the terms of this Agreement fairly in accordance with its intent and meaning and consistent with the Union's status as exclusive bargaining representative of all employees in the Bargaining Unit. Each party shall bring to the attention of all employees in the Bargaining Unit, including new hires, their purpose to conduct themselves in a spirit of responsibility and respect and the measures they have agreed upon to insure adherence to this purpose.
Further, during the orientation of new hires each party will bring to the attention of new employees the relationship between the parties and the Union's role as the bargaining represen tative of employees.
ARTICLE XII NONDISCRIMINATION
In the desire to restate their respective policies, neither the Company nor the Union shall un !mvfully discriminate against any employee because of such employee's race, color, religion, sex, sexual orientation, age, or national origin or because he or she is a quaiified individual with a disability, a disabled veteran, or a veteran of the Vietnam era and other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.
ARTICLE XIII TECHNOLOGICAL CHANGE COMMITIEE
152 The Company and the Union recognize that technological changes in equipment, organization, or methods of operation have a tendency to affect job security and the nature of the work to be performed. The parties, therefore, will attempt to diminish or abolish the detrimental effects of any such technological change by creating a joint committee to be known as the Technological Change Committee to oversee problems and recommend solutions of problems in this area as set forth below.
It is agreed that a Technological Change Committee be constituted in each Company. Such Committee will consist of not more than three (3) representatives of the Company and not more than three (3) representatives of the Union.
Such Committee may be convened at the option of either party at mutually agreeable times.
The purpose of the Committee is to provide for discussion of major technological changes (including changes in equipment, organization, or methods of operation) which may affect employees represented by the Union. The Company will notify the Union at least six (6) months in advance of planned major technological changes. Meetings of the Committee will be held as soon thereafter as can be mutually arranged. At such meetings, the Company will advise the Union of its plans with respect to the introduction of such changes and will familiarize the Union with the progress being made.
The impact and effect of such changes on the employees shall be appropriate matters for discussion. The Company will discuss with the Union:
a. What steps might be taken to offer employment to employees affected:
(1) In the same locality or other localities in jobs which may be available in occupations covered by the coiiect1ve bargaining agreements between the parties;
(2) In other occupations in the Company not covered by the collective bargaining agreement;
(3) In other associated companies.
b. The applicability of various Company programs and contract provisions relating to force adjustment plans and procedures, including Supplemental Income Protection Program, 153 Reassignment Pay Protection Plan, Voluntary Income Protection Program, termination allowances, retirement, transfer procedures and the like.
c. The feasibility of Company providing training for other assignments for the employees affected. (Example: Sponsorship of typing training on Company time.)
The Committees shall not formulate policy or arrive at binding decisions or agreements, but rather shall be charged with the responsibility to develop facts and recommendations so that the Company can make well-informed decisions regarding the matters covered by this provision.
ARTICLE XIV COMMON INTEREST FORUM
Recognizing that rapid changes are occurring and will continue to occur, the parties express their intent that a forum of common interest will be established for the following purposes:
a. Providing a framework for early communication and discussion between the parties on business developments of mutual interest and concern to the parties and their constituencies;
b. Discussing and reviewing innovative approaches to enhance the competitiveness of the Company and improve employment security; and
c. Improving understanding and relationships between the parties and avoiding unneces sary disputes by cooperatively addressing significant changes and developments in the Union or Company environment.
d. Providing a forum for the exploration and discussion of national health care issues, including present and future possible alternative approaches to cost containment. In addition, the Common Interest Forum will recommend joint Union and Company actions in an effort to influence national health care policy.
Equal numbers of key Union and Management persons shall constitute the forum. Meetings will be convened by the parties at mutually agreeable places and times but no less often than
154 quarterly. Otherwise, the members of the forum shall determine its composition, structure, agenda, and operation.
This forum will also appoint members to establish a Work and Family Committee. The Committee will consist of an equal number of Union and Management persons. Meetings will be convened by the Committee members at mutually agreeable places and times no less often than quarterly. The Union and the Company will each be responsible for the respective costs and expenses of their representatives on the forum or Committee appointed by this forum.
The Work and Family Committee will be established to address the following areas:
a. Consideration of changes in and outside the workplace to assist employees in managing their child care and work arrangements.
b. Consideration of possible formats or new methods of handling personal problems experienced by employees and their families which are covered under the Employee Assistance Program.
c. Consideration of safety and health issues from a workplace environment perspective.
d. Any other topics of mutual interest brought to the Committee's attention by either the Union or Management which involves balancing the workplace demands with family responsibilities or involves safety or health.
The Company shall compensate no more than two (2) employee Union representatives for a maximum of four (4) days each year, unless otherwise agreed upon between the Company and the Union, for participation on this Committee. Such compensation shall be at the employee's basic wage iate or salary. Aii other costs and expenses of their representatives shall be borne by the respective parties.
It is the intent that such forum support the collective bargaining process, the established contractual dispute resolution procedures, and the existing joint Union-Management committees.
155 ARTICLE XV TRAINING/RETRAINING
In the present environment of fast-paced technological developments and structural changes, the parties recognize the benefits in offering to employees training and retraining programs for personal or career development or in the event their existing jobs are displaced. At the Company's expense, training and retraining programs are offered to employees for personal or career development, and to employees being displaced to qualify for job vacancies as anticipated by the Company.
The personal or career development training and the job displacement retraining programs contemplated by this Article will be generic in nature and separate and distinguished from the current job specific training instruction.
A Training Advisory Board comprised as set forth below will be established to assist and advise in the training efforts encompassed by these programs.
Personal or Career Development Training
Personal or career development training programs will be designed as an educational self development aid to assist employees in their personal development or preparing themselves for career progression opportunities or job changes within the Company.
Training under such program will be generic in nature as opposed to job specific and will cover technical, sales, clerical, and other fundamental skills.
Any regular employee with at least one year of net credited service will be eligible to participate in such training program under the terms of such program.
Participation by employees in the personal or career development training program will be voluntary, and time spent by employees in such training will be outside scheduled working hours and not paid or considered as time worked for any purpose.
Successful completion by an employee of any training or courses offered pursuant to such program will be taken into account by the Company when considering the employee for an upgrade or transfer. 156 Job Displacement Training
Job displacement training programs will be designed to prepare employees whose jobs are being displaced or whose jobs are being restructured to a wage schedule with a lower maximum wage rate to enhance their ability to qualify for anticipated job vacancies within the Company.
Employees will be informed of potential displacements as soon as possible and depending on the number of any anticipated job openings will be offered training, if necessary, which is intended to enable them to qualify for such job openings in the Company.
All regular employees who are notified of potential displacement of their current jobs or restructuring to a lower rate will be eligible to participate in such training program regardless of length of service.
Participation by employees in the job displacement training program will be voluntary, and time spent by employees in such training will be outside scheduled working hours and not paid or considered as time worked for any purpose unless the company determines it appropriate in specific instances to permit the employees to receive such training during workings hours.
Training Advisory Board
The Training Advisory Board consists of three (3) Union representatives and three (3) Manage ment representatives (one of whom will be the person in the Company responsible for training) who will meet periodically and have responsibility for:
a. furnishing advice to the Company on personal or career development and job dis placement training courses and curricula;
b. reviewing and making recommendations regarding training delivery systems (e.g., technical schools, community colleges, home study programs, etc.) available to be used by the Company;
c. evaluating the effectiveness of such training programs and courses and the delivery systems utilized; and,
157 d. encouraging employees to participate in and successfully complete the available training courses.
The Union and the Company will each be responsible for the respective costs and expenses of their representatives' participation on the Training Advisory Board and will share equally in the joint costs and expenses incurred by the Board.
Nothing in this program will supersede any applicable promotion or transfer provisions of this contract.
158 ARTICLE XVI MILITARY SERVICE
Employees entering into the Armed Forces of the United States shall be entitled to leaves of absence and, upon discharge or the end of reserve duty, to reemployment rights (including but not limited to wage, seniority, job placement and benefit treatment) to the extent provided for under current and subsequently enacted federal law, which is applicable to the Company, including applicable provisions of the Veteran's Reemployment Rights statute (38 USC §2021, et seq.).
ARTICLE XVII OUTSIDE CONTRACTING
In making decisions regarding contracting out work, it is Management's objective to consider carefully the interests of both customer and employee along with all other considerations essential to the management of the business. For various reasons, including but not limited to law, regulations, necessity for performance of work within the bargaining unit in an efficient and cost effective manner so as to assure continued competitive viability of products and/or services, changing industry structure, economic conditions, and good faith reasonable business consider ations, it is not possible to make specific commitments on contracting out work elements of the business.
Unless one or more of the above mentioned reasons indicates a contrary determination, it will continue to be the general policy of the Company that traditional directory work will not be contracted out if it will currently and directly cause layoffs or part-timing of employees. However, in the event that one or more of the above-mentioned reasons results in a Company decision to contract out unit work, the Company agrees to notify and meet with the Union at least 60 days prior to the implementation of such decision, for the purpose of explaining the reasoning behind the decision and to provide the Union an opportunity to offer potential alternatives to contracting out. Following such discussions, the Company may move forward with its decision, may implement a revised plan based on discussions with the Union, or may choose to forego the decision altogether.
159 ARTICLE XVIII PRIOR AGREEMENTS
This Agreement supersedes and cancels the 2009 Agreement of General Application that became effective December 5, 2009.
ARTICLE XIX DURATION
This Agreement shall become effective as of November 5, 2014, and shall continue until 11:59 p.m., on December 9, 2016, at which time it will terminate unless extended by mutual agreement in writing prior to said termination date.
IN WITNESS WHEREOF, Communications Workers of America and YP Texas Region Yellow Pages LLC. have caused this Agreement to be executed by their respective duly authorized officers and representatives, as of the day and year first above written.
COMMUNICATIONS WORKERS
BY CLAUDE CUMMINGS, JR
APPROVED BY
LARRY COHEN President Communications Workers of America
YP TEXAS REGION YELLOW PAGES LLC
BY KEITH HALPERN
APPROVED BY
160 ALLAN RICHARDS Chief Human Resources Officer, YP LLC
161 MEMORANDUM OF UNDERSTANDING REGARDING PART-TIME EMPLOYEES
PART-TIME EMPLOYEES
A part-time employee is one who is employed and normally scheduled to work less hours per average month than a comparable full-time employee in the same job title, classification, and work group working the same normal daily tour.
CLASSIFICATION AND TREATMENT OF PART-TIME EMPLOYEES
1. Except for payment for overtime hours worked, all hours worked by a part-time employee and any employee who is transferred to or employed by any new unregulated subsidiary or affiliated entity shall be paid at the equivalent basic hourly rate for a comparable full time employee working a normal daily tour in the same job title, classification, and work group. Payment to a part-time employee for hours worked in excess of an equivalent normal daily tour or work week for a comparable full-time employee shall be at the applicable overtime rate for a comparable full-time employee based on such part-time employee's basic hourly rate.
2. The classification of a part-time employee is based on the employee's "part-time equivalent work week" which shall be determined prospectively by dividing the employee's total normally scheduled hours per month by 4.35 and rounding the result to the next higher whole number. (Illustration: 68 hours per month divided by 4.35 equals 15.6 rounded to a "part-time equivalent work week" classification of 16.)
3. The "part-time" equivalent work week" classification of each part-time employee shall be reviewed by the Company no less often than every six (6) months on April 1 and October 1 of each year and adjusted on a prospective basis, if appropriate. In determining whether such adjustment is appropriate, the company will consider the actual average number of hours worked per month during the preceding six (6) month period and the likelihood that such number of work hours will continue for a reasonably foreseeable period of time except that any hours worked which are paid at the overtime rate shall not be counted in computing the average number of hours worked.
162 4. Employees, who work as regular part-time employees, payments to a regular part-time employee for sickness disability, accident disability, or death benefits under the YP pension plan or the YP disability program, vacations, holidays, anticipated disability leave, sickness absence (not under the YP disability program), or termination allowance (or its equivalent) shall be prorated based on the relationship of the individual part-time employee's "part-time equivalent work week" to the normal work week of a comparable full-time employee in the same job title, classification, and work group. A part-time employee shall not be paid for time not worked on a holiday or for absence due to sickness (not under the YP disability program) unless such holiday or absence due to sickness occurs on a day of the week on which the employee is normally scheduled to work.
5. Employees who work as part-time employees shall, if otherwise eligible to participate under the terms of such plans, be eligible for coverage under the Medical Plan, Dental Plan, and Vision Plan, as follows: a. Employees whose part-time equivalent work week classification is sixteen (16) or less shall be eligible by enrollment and payment of 100% of the premiums for such coverage.
b. Employees whose part-time equivalent work week classification is seventeen (17) through twenty-four (24) shall be eligible by enrollment and payment of 50% of the premiums for such coverage.
c. Employees whose part-time equivalent work week classification is twenty-five (25) or more shall be eligible for such coverage on the same basis as a regular full-time employee. av. Part-time employees regardiess of classification, shall be eligible for Excused Work Days on a prorata basis based upon the ratio of any such part-time employee's equivalent work week to the normal work week of a comparable full-time employee.
163 7. This Memorandum is the result of collective bargaining and expresses the general principles governing the treatment of part-time employees. These principles are incorporated, as appropriate, in the Agreement between YP Texas Region Yellow Pages LLC and the CW A and will expire or be changed through future amendments to those particular Agreements.
For the Union: For the Company:
AJ Villegas Keith Halpern vruter
164 ATTACHMENT A
YP Shall Provide Health and Welfare Benefits pursuant to the following Benefits Summary Table:
. ; >····· :t/.·L·· , .. ;•;'> • •<··· .•. ·...• Ci.·.Xi i• ••······.······ ·······•·!r••···••··•··•···Yi•;;·····'•.·•••.•··..,,..•.• ,..•••.. •..,...·l'fe"f·•·•n·-····· :···;·cf:••• ?...... : •..••.. z·•···· .. ••.·.: .. );;•2.Yr Active Employees Plan Effective Health & Welfare: 1/1/2015 Date Eliaibilitv For Medical, Dental, All Full Time, Active employees are eligible for benefits at date of hire. Employees will be Vision, CarePius, responsible for the full cost of benefits until they attain 6 months of service. New hires have and Life Insurance two opportunities to enroll: 1) Within 30 days of DOH, 2) After 6 months of service. (unless otherwise specified) All Part Time Active employees are eligible for medical, dental and vision at date of hire. Employees will be responsible for the full cost of benefits until they reach 6 months of service. New hires have two opportunities to enroll: 1) Within 30 days of DOH, 2) After 6 months of service.
Health Savinas Account lHSAsl
Emgloyer Funding 2015 2016 Individual $600 $600 Family $1200 $1200 Medical I Plan All Eligible Emgloyees- Consumer Driven Health Plan
Eligibility Employees are eligible for company subsidy after 6 months of service. for Company Subsidy Active (Full-Time) Emolovee Monthlv Contribution Amounts:
165 January January 2015 2016 Individual $119 $145 Family $199 $235
Active Based on scheduled hours per week: (Part-Time) • Greater than or equal to 25 hours, employees pay same as Full Time employees Monthly Contributions • If at least 17 hours, but less than 25 hours, employees pay 50% of the total cost of benefits • less than 17 100% of cost of benefits Annual Deductibles For 2015 : Network Non-Network
lnd $1,250 $2,500 Fam $2,500 $5,000
Deductibles will be adjusted annually to meet IRS minimum requirements to maintain HSA
Coinsurance Network Non-Network Preventive 0%, No Benefit Deductible waived Sickness/ 15%, 40%, Illness after Deductible after Deductible
Coinsurance Network Non-Network Preventive 0%, No Benefit Deductible waived
166 fj;., !s,•i.> ···'·· ( .••...• , •.. c..• '. \ • ''·~··.. ·.·.vJ·.•·•··.r···i•.··;•••····· ...... ·.Emntov~~anq: ,. ...,. •,•,2' ... ·• !i.'>.'••.·· )Ji\Y•··.•· .. ••·•····.··.• ·.. ·.··•··• '}},,;f
Urgent Care Facility/Professional Network Non-Network Services 15%. 40%, Coinsurance after Deductible after Deductible
Emergency Room Network Non-Network Facility/Professional 15%, 15%, Services after Deductible after Deductible Coinsurance
Hospital Inpatient/Outpatient Network Non-Network Facility/Professional 15%, 40%, Services after Deductible after Deductible Coinsurance
Tests (all tests including x- Network and Non-Network ray, radiology, lab test, ONA etc) Preventive 0%, No Benefit Coinsurance Deductible waived I I Sickness/ 15%, 40%, I Illness after Deductible after Deductible
Mental Health/Substance Network and Non-Network Abuse (MH/SA) ONA Coinsurance Out-Patient 15%, 40%, and after Deductible after Deductible 167 In-Patient
Annual Out-of-Pocket For 2015: Maximums Out-of-Pocket Maximum (OOP) Amounts (including Annual Deductible) Non- Network Network
lnd $3,000 $6,000 Fam $6,000 $12,000
Prescription Drug Subiect to Deductible and OOP maximum (Integrated with Medical), with the exception of Program (Rx) Preferred Preventive Care Drugs
Retail- Network Copays for 2014 after integrated medicai/Rx deductible is met: (Up to 30-day supply, limited to 2 fills for maintenance)
Generic Formulary Non formulary
I Retail - Non-Network Copays Participant pays the difference between the Non-Network Pharmacy charge and the amount covered for the same prescription drug dispensed by a Network pharmacy. 1
Mail Order Copays for 2014 after integrated medicai/Rx deductible is met: (Up to 90-day supply)
Generic ~ Formulary i 75 168 \i.}.:{f.?:ii~!.· •·and NeY/•ut~ ····••••i ; t••···.Q<.••······•· '•t•••'••·:i···•·H>.•i·····.·• !i. '•·t·' ..•\ •;:.• .; ••.E··· 5>· •. .., ..... ,.. •••. ·•·r.•s•·····••·••••·•••g;.·•·•··•··.··.····••••:.r;:cF ;~;.; Non- ug§ formulary
The following Qrovisions will aQQiy: •Specialty pharmacy program • Prior Authorization • Mandatory Generic •Specialty Step Therapy
Emplovee Assistance Plan (EAP) Plan YP Employee Assistance Plan Visit Limit Up to 8 EAP visits per person per issue. Services Included Management consultations/referral assistance, Family Source, Financial Connect, Guidance resources online, Critical Incident Stress Management, Health Fairs Disability Plan YP Disability Program Short Term Disability (STD) Definition of Short Term Disability: Employee is considered "disabled" if, as a result of sickness, injury or pregnancy, they are unable to perform one of more duties of their own occupation.
The definition of pay: Standard wage for non-commissioned employees includes the employee's base wage or salary, as reported by the employer but excludes overtime and bonuses.
Special Rules for Commissioned Employees: Eligible Employees: Commissioned employees: • Eligible Employees with <2 years of service: Base pay is defined as two times basic weekly salary rate, including fixed differentials for regular evening and night assignments, and bilingual differentials, converted to a monthly rate. • Eligible Employees with 2+ years of service: Base pay is defined as an employee's average Daily Pay (i.e. commission average and basic weekly service rate) including regular base pay including fixed differentials for regular evening and night assignments, and bilingual differentials, converted to a monthly rate.
169 Benefit: Short-Term Disability Benefits and the other sources of income you receive are designed to replace 50% or 100% of your Pay, based on your service as shown below:
%of Pay Term of Employment 100% 50% < 2 years 2 weeks 24 weeks 2 years < 5 years 4 weeks 22 weeks 5 years < 15 7 weeks 19 weeks years 15 years < 20 13 weeks 13 weeks years 20 years < 25 20 weeks 6 weeks years 25 years or more 26 weeks 0 weeks
Long-Term Disability • Company provides 50% core LTD benefit to YP Texas Region Yellow Pages LLC Full (LTD) Time employees disabled longer than 26 weeks. • Employees have option to Buy-Up to a 60% benefit (employee-paid option) • Definition of Disability: 24 months own occupation • Definition of Pay: Same as Short Term Disability • Maximum monthly benefit $20,000 • Maximum LTD Period: To SSNRA • Pre-Ex Exclusion: Y 12
• Eligibility All Full Time, Active employees are eligible for benefits at date of hire. Employees will be responsible for the full cost of benefits until they attain 3 months of service. New hires have two opportunities to enroll: 1) Within 30 days of DOH, 2) After 3 months of service.
All Part Time Active ble for medical dental and vision at date of hire.
170 0 ..••..•••..•••..•. c !,?····<> ······ r.·.···.·• .X;f ~;r t;~·.~·;~ Ii'C/, ' t· ...... x·':• .i ··an11 t.faw..•.•••. ~.~ •. N;;.,.}...... ;.·•·····•·\.!·•.)·••·•·· .iJ'iL'iJ;1' ·'; Employees will be responsible for the full cost of benefits until they reach 3 months of service. New hires have two opportunities to enroll: 1) Within 30 days of DOH, 2) After 3 months of service.
Active (Full-Time) Dental PPO or DHMO (if available) for 2015: Monthlx Contributions Contribution Amounts* lnd $0 lnd +1 $0 Fam $0
Active (Part-Time) Based on scheduled hours per week: Monthly Contributions • Greater than or equal to 25 hours, employees pay same as Full Time employees • If at least 17 hours, but less than 25 hours, employees pay 50% of the total cost of benefits If less than 17 hours, employees pay 100% of cost of benefits
Deductible Network: $50 per individual per year Non-Network: $100 per individual per year Annual Network: $1,500 per individual* Maximum Benefit Non-Network: $1,250 per individual* I *Not to exceed $1 ,500 combined Network/Non-Network Orthodontic Lifetime Maximum Network: $1,500 per individual* Non-Network: $1 ,250 per individual*
*Not to exceed $1,500 combined Network/Non-Network Coverage Levels Dental PPO Coinsurance
171 Network: 100%, Ded. Waived Non-Network*: 100%, Ded. Waived
Class II (Basic restorative- fillings, extractions, periodontal treatment/maintenance): Network: 90%, after deductible Non-Network*: 70%, after deductible
Class Ill (Major restorative- crowns, dentures, bridgework}: Network: 80%, after deductible Non-Network*: 50%, after deductible
Class IV (Orthodontia): Network: 80%, after deductible Non-Network*: 50%, after deductible
Note: *For Non-Network based on reasonable and custom amounts.
All Full Time, Active employees are eligible for benefits at date of hire. Employees will be responsible for the full cost of benefits until they attain 3 months of service. New hires have two opportunities to enroll: 1) Within 30 days of DOH, 2) After 3 months of service.
All Part Time Active employees are eligible for medical, dental and vision at date of hire. Employees will be responsible for the full cost of benefits until they reach 3 months of service. New hires have two opportunities to enroll: 1) Within 30 days of DOH, 2) After 3 months of service.
or 2015: (Full-Time) Monthly Contributions Contribution Amounts* lnd $0 lnd +1 $0 Fam 172 Active Based on scheduled hours per week: (Part-Time) • Greater than or equal to 25 hours, employees pay same as Full Time employees Monthly Contributions • If at least 17 hours, but less than 25 hours, employees pay 50% of the total cost of benefits If less than 17 hours, employees pay 100% of cost of benefits
Coverage Levels Exam: 1 exam per 12 months • Network: $10 • Non-Network: $50 towards exam cost
Frame Allowance: 1 allowance per 12 months • Network: $130 allowance towards frame cost • Non-Network: $70 towards frame cost
Lenses Allowance: 1 set per 12 months Network: $25 Covers std. plastic lenses: Single, Bi-focal, Tri-focal at 100%, after copay Non-Network: $50-$1 00 towards lenses
Contact Lenses Allowance: 1 Allowance per 12 months Visually Necessary Network: 0% Non-Network: $210 towards allowance Elective Network:$130 towards allowance Non-Network: $105 towards allowance
Flexible S Accounts - Healthcare and De endent Care
173 174 Pre-tax deductions for parking and mass transit. Internal Revenue Service (IRS) limits: parking; $240 mass transit. Eligible expense and monthly limits follow IRS Code Section 132 Regulations. Note: Annual ad·ustments a I .
Benefits Chan es Terms The Company reserves the right to make reasonable changes or modifications to any of the above-referenced benefits for Bargaining unit employees including, but not limited to, the right to change insurance carriers or administrators, the benefit types and levels, the amount of employee contribution for individual and dependent coverage, and the initial length of employment eligibility period; provided that any changed, modified or substituted benefits will not be less favorable for Bargaining unit employees than those offered to the employees' managers. YP shall not make any change referenced in this provision prior to 1/1/2016 and shall notify the Union at least three months in advance of any contemplated changes for the purpose of explaining the reasoning for the pending changes and to provide the Union an opportunity to offer potential alternatives. It is expressly understood that health benefits shall be provided to bargaining unit members during the term of this agreement. In the event that YP elects to no longer provide its management with health benefits following 1/1/2016, employees covered by this Agreement shall retain the coverage set forth in the summary of benefits.
Effective 6/30/2014, only those employees who have met the Modified Rule of 75 as of 6/30/2014 will be eligible for any retiree H&W benefits. No other retiree health and welfare Retiree Provisions benefits shall be provided by YP other than those listed below and YP reserves the rights, without limitation, to amend, modify or terminate such benefits in all respects and the costs therefore.
Medical Plan YP Retiree Medical Plan
Eligible Retiree Reguirements Modified Rule of 75
175 '<;Cc:/?" 'c'CrN.'<<' :;;''~'+i';i;;i";:'i,Q{;, ''<;''}' :,;! ·!f· 'i i ;; Xi'S i )2; 0''}0 ;i/8;0: 'XG%iB:~';'';,~;;,~~il Service Age 30 years Any Age 25 years 50 years 20 years 55 years 10 years 65 years
Note: Effective 6/30/2014, only those emgloyees who have met the Modified Rule of 75 as of 6/30/2014 will be eligible for retiree H&W benefits.
Eligible Retired Employees Eligible Retired Employees who are Medicare eligible are ineligible for Retiree Medical coverage. (Full-Time) Monthly Contributions Eligible Retirees are subject to a defined dollar benefit cap; amount TBD. Per Retiree costs shall be calculated annually based on plan performance for non-medicare eligible retirees subject to the cap. Per Retiree Costs will be done on a blended basis and only includes those that are subject to the cap. The amount of the monthly contribution for each upcoming year will be announced before the annual open enrollment. Calculation of full cost of coverage is subject from time to time at the Company's discretion.
Eligible Retired Employees Part time employees are not eligible for retiree medical coverage.
(Part-Time) Monthly Contributions Definition of Pay Base pay, Individual Discretionary Awards and Mise payments. Excludes overtime, bonuses, incentives, commissions, and other awards. Health Reimbursement 1) None Account (HRA) 2) iO Dental Plan Eligible Retired Employees shall be eligible to participate in the same plan as when they were actives except as noted below
Eligible Groups: 1) Eliaible Retired EmoJo'y'_ees hired/rehired or transferred after 8/8/2009 176 Provision ...... > ' < •.. ··•.···•••··•.·.·••···.· .. 0 !•••····.················· • L;/• .. ·•~.••·.''\.••·• >i·.·•>·····•?<'•. ... ~ ...... ~ .. J:tl!pl()!•····· ...... : <• .•••····'·· .··•·••··.... ·· •.·••·•· •.••••••••••· .. ·.·.··• c.• 2} Eligible Retired Emglol!ees hired/rehired on or before 8/8/2009
Eligible Retired 1) Eligible Retired Employees who are Non-medicare eligible will pay 50% of total cost of Employees coverage (Full-Time) Eligible Retired Employees who are Medicare eligible are ineligible for coverage Monthly Contributions *Calculation of full cost of coverage is subject from time to time at the Company's discretion.
2)$0 Eligible Retired Employees 1) Eligible Retired Employees who are Non-medicare eligible will pay 50% of total cost of coverage (Part-Time) Eligible Retired Employees who are Medicare eligible are ineligible for coverage Monthly Contributions *Calculation of full cost of coverage is subject from time to time at the Company's discretion.
2) $50 (annual) Life Insurance Eligible Retired Eligible Groups: Employees 1) Eligible Retired Employees hired/rehired or transferred after 8/8/2009 Basic Life 2) Eligible Retired Employees hired/rehired on or before 8/8/2009 (Company Paid) 1) $15,000 Retiree Basic Life 2) Basic: 1X Salary subject to age based reductions (reduces to 50% at age 70), ER paid
Supplemental Life 1) Eligible Retired Employee may add 1X annual pay to supplementai Lite coverage in (Retiree Paid) effect at termination to replace the Basic Life coverage no longer available upon I termination of employment 2) Up to same amount of supplementary coverage that retiree had on his last day of I active employment, Retiree paid; until age 65. Definition of Pay Annual rate of pay includes base wages, targeted commissions, team award, individual discretionary award, and miscellaneous pay, where applicable. 1) Annual Pay is the employee's base rate of pay on the last day of active payroll. 2) Is the Employee's Base Rate of Pay as of 12/31/2009.
177 Vision Eligible Retired Employees Eligible Retired Employees shall be eligible to participate in YP's vision plan Vision Plan Eligible Retired Eligible Retired Employees shall pay 100% of the premium equivalent rate Employees For 2014: Monthly Retiree Contributions Contribution Amounts* lnd $4.23 lnd +1 $7.40 Family $12.27 *Note: Contribution amounts subject to annual adjustment based on new premium equivalent rates as the chan e ear over ear
Voluntar Discretionary Program YP Voluntary Benefits Platform To be rolled out in 02 2014 • Accident • Auto and Home • Cancer Insurance • Financial Planning • Legal Services • Pet Insurance
*Products offered will chan e from time to time
178 ATTACHMENT B March 5, 2014
Mr. A.J. Villegas CWA Representative Communications Workers of America
Re: Ratification Incentives/Special Christmas Days
Dear Mr. Villegas:
This letter reflects the agreement reached in our recent negotiations concerning additional paid Holiday week days and the payment of a one-time ratification bonus of $300. Should the bargaining unit ratify this Memorandum of Agreement ("MOA") on or before November 5, 2014, the Company shall provide employees with four (4) "Special Christmas Days," as defined in Article 10, Section 7 for the years 2014 and 2015.
Further, provided this MOA is ratified on or before November 5, 2014, all employees shall receive a one-time lump sum bonus of $300, minus all applicable taxes and withholdings.
Please indicate your concurrence by signing and dating in the spaces below.
Sincerely,
Keith Halpern
Agreed to for the Communications
179 Signature: ______D.ate: ______
180 ATTACHMENT C December 6, 2013 Mr. AJ Villegas CWA Representative Communications Workers of America
Re: Interest in Leaving
Dear Mr. Villegas:
This is to confirm our agreement reached during 2013 collective bargaining negotiations. The Company may utilize an "Interest In Leaving" process in all Force Adjustments declared through the expiration date of the 2013 Labor Agreements. The following summarizes the agreement reached by the parties.
As a part of any Force Adjustment declared by the Company, the Company may conduct an "Interest In Leaving" initiative directed to non-management employees who have an interest in leaving the Company. Non-management employees will be asked to return a non-binding "Interest In Leaving" form on which they indicate their interest in voluntarily terminating their employment with the Company, and be eligible for a termination payment computed according to Article XVIII, Employment Terminations, Section 3, Amount of Termination Allowance, of the 2013 YP Texas Region Yellow Pages, LLC/CWA Labor Agreements. Employees who indicate an interest in leaving the Company under this agreement may be offered the opportunity to do so in seniority order among those employees who have submitted an "Interest In Leaving" form in the following order: same title/same location, same wage classification/same location, same title/metropolitan area, same wage classification/metropolitan area. Such opportunities to leave the Company will be limited to no more than the number of at-risk employees as identified in the surplus announcement.
181 This agreement will continue through the duration of the 2013 Labor Agreements. Sincerely,-- Keith Halpern
182 ATTACHMENT D
December 6, 2013
Mr. AJ Villegas CWA Staff Representative
Re: Pension Roll-over
Dear Mr. Villegas:
To the extent permissible by law, and provided that such transaction will not jeopardize the tax or other legal status of the YP Holdings LLC Pension Fund ("Fund"), nor cause the Fund to incur excessive additional costs, the Fund shall permit Employees covered by the CWA District 6 collective bargaining agreement to roll-over vested benefits into a qualified plan, beginning on or after July 31,2014.
Very truly yours,
Halpern Acknowledged and Agreed: ( \ ' u,I ~+J /\ Vt4M I .. / AJ vinegvt Date ' 1
183 ATTACHMENT E
December 6, 2013
Mr. A J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Pension Plan Freeze
Dear Mr. Villegas:
The parties agree that YP shall revise the necessary YP Pension Plan documents to reflect that the YP Pension Plan, as successor to all relevant AT&T Pension Benefit Plans applicable to this Agreement, shall be frozen for the purpose of all future service benefit accruals, including any early retirement enhanced annuity or subsidy accrual, as of ratification date of this Agreement, or as soon as practicable thereafter ("Freeze Date"). Therefore, as of the Freeze Date, the parties agree there shall be no future service benefit accruals and the monthly benefit accrued per year of service under the Plan, shall be $0.
YP also shall revise the necessary YP Pension Plan documents to reflect the fact that the YP Pension Plan, as successor to the Bargained Cash Balance Program #2 of the AT&T Pension Benefit Plan, shall be frozen for the purpose of all future service benefit accruals, as of the Freeze Date. Therefore, as of the Freeze Date, the parties agree there shall be no future service benefit accruals and the monthly benefit accrued per year of service under the Plan, shall be $0."
184 Sincerely, Keith Halpern
185 ATTACHMENT F December 6, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Retiree Medical Coverage Freeze
Dear Mr. Villegas:
The parties agree that, as of June 30, 2014 ("Effective Date"), Employees shall cease to obtain eligibility for post-retirement medical coverage under the YP Group Health Plan, provided however, that any Employee who has established Eligibility as of the Effective Date shall retain such eligibility. It is agreed and understood that the provision of retiree medical coverage, including the types of benefits provided and costs of such benefits, is subject to the sole discretion of the Company, as provided through the YP Group Health Plan, including, without limitation, the right to amend, modify or terminate such benefits in all respects."
Sincerely, I'
Keith Halpern .··.··//·····" 7-~~ J· 1 l IL/v{/C Acknow ledgedtand Agr~~t
186 ATTACHMENT G December 6, 2013
Mr. A J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Termination of MOA Regarding Neutrality and Card Check
Dear Mr. Villegas:
The parties hereby agree that the Memorandum of Agreement Regarding Neutrality and Card Check Recognition shall be terminated upon ratification of this agreement.
Sincerely, Keith Halpern
Acknowledged and Agreed:
187 ATTACHMENT H December 7, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
RE: Training and New Hire Rates
Dear Mr. Villegas,
This letter shall formalize our discussions during negotiations regarding the rates of pay that may be applied to new hires. "New hires" shall include only employees who have completed their training period, which shall last no longer than the first six (6) months of employment. The Company shall determine when employees complete their training periods, up to the six (6) month limit, and the rate of pay that shall be applied to employees while in this training period.
The parties agree to the following regarding the rates of pay for new hires:
Starting Rates: each empioyee who enters the service of the Company shall normally begin at the Start Rate for the appropriate job title, except that appropriate allowance over such starting rate may be made by the Company for an employee who has had previous experience or training considered to be of value. If the Company hires an employee with no prior training or experience at a rate of pay higher than the Start Rate, it shall raise the existing wage rate of all incumbents in that title and Market to match the rate of pay for the newly hired employee effective with the date of hire.
188 It is agreed that the determination of "previous experience or training considered to be of value" shall be made by the Company and shall include, but shall not be limited to, prior work experience, a "temp to perm" program at the Company, a college degree, etc.
Sincerely, Keith Halpern
Acknowledged and Agreed:
189 ATTACHMENT I December 7, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Non-Pay Chargebacks
Dear Mr. Villegas:
This is to confirm our discussion during 2013 collective bargaining negotiations with respect to nonpay chargebacks on new products.
The Company agrees there will be no nonpay chargebacks on the sale of new products reported in the introductory first year of those new products. The Company will adjust the nonpay chargeback amount by the percent of revenue attributed to the new product. Nonpay chargebacks will be effective going forward starting with sales of the new products reported after the first year anniversary of the new product.
This agreement will continue through the duration of the 2013 Lahor Agreements.
Sincerely,
190 ATTACHMENT J
December 7, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Modifications to Accommodate Surplus Conditions
Dear Mr. Villegas:
This letter is to confirm the Company understands the concerns expressed during bargaining related to how variances in sales performance could accelerate multiple surplus situations. It is recognized the performance variances could result from a lack of skill or will as the advertising industry continues to transition from Print to Multimedia.
In making future decisions regarding force adjustments, the company will discuss non business as usual approaches with the Union in an effort to slow the loss of work and jobs. As noted in Article XVIII, Force Adjustments, modifications to accommodate surplus conditions must be mutually agreed to by the union and the company. Modifications may include but are not limited to age/service credits, enhancement to negotiated severance pay or other modifications to incent voluntary departures during surplus conditions.
Sincerely,
191 Keith Halpern
192 ATTACHMENT K December 7, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Internet Products Early Downed for Non-Pay
Dear Mr. Villegas:
This is to confirm our agreement reached during 2013 collective bargaining negotiations regarding accounts sold new by Business Acquisition Representatives with zero BOTS in the previous canvass, which have Internet products that need to be "early downed" for non-pay prior to the account being assigned for the subsequent canvass for the same directory. For the subsequent canvass, these accounts will be assigned to the Business Acquisition Representative who handled the account in the previous canvass, or if that Representative is no longer in title, these accounts will be assigned by rotation within the Business Acquisition channel.
Sincerely,
193 ATTACHMENT L
IVIEMORANDUM OF l.JNDERST ANDING SHORT NOTICE EXCUSED WORK DAY TRIAL
EFFECTIVE DECEMBER 7, 2013
This Memorandum of Understanding is entered into between YP Texas Region Yellow Pages LLC. and Communications Workers of America. As a trial, from the effective date to the end of the 2013 Labor Agreements, requests to Management for one (1) Excused Work Day with or without pay will be granted on a short notice to employees eligible for paid and unpaid Excused Work Days under the following conditions:
1. Employees may request time off on short notice either prior to the start of, or after having reported for, a scheduled tour. However, requests prior to the start of an employee's tour may not be more than twenty-four (24) hours prior to the start of such tour.
2. The Company will grant all such requests on the basis of the earliest request( s ), without regard to seniority ("first come, first served"), to the employees' immediate or designated manager, provided that the Company will have the right to deny any and all requests which would result in less than eighty percent (80%) of the work group scheduled to work being available for duty.
3. For the purposes of this trial, the work group shall be the same as the group designated for purposes of vacation selection.
4. The Short Notice Excused Work Day may be taken in two (2)-hour increments.
194 5. In each work group, the Company may designate up to five (5) work days in any month as unavailable for Short Notice Excused Work Days. Such designations will be made pursuant to schedule posting requirements.
FOR THE UNION: FOR THE COMPANY:
195 ATTACHMENT M
December 7, 2013
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
RE: Article XXVI - Achievement Bonuses and Incentives
Dear Mr. Villegas:
This is to confirm our discussion during 2013 Collective Bargaining negotiations with regard to the Union's request that the Company increase it's application of Article XXVI Achievement Bonuses and Incentives of the 2013 Labor Agreements for noncommission employees.
The Company commits to increasing its efforts in recognizing the efforts of more noncommission employees, both on an individual and group basis. We will include this issue as a Common Interest Forum agenda item annually to review our efforts in this area.
This commitment will continue through the duration of the 2013 Labor Agreements.
Sincerely,
Keith Halpern
196 ATTACHMENT N
l\'IEMORANDUM OF UNDERSTANDING REGARDING COMMISSION SPLITTING ON REFERRED ACCOUNTS BETWEEN PRElVIISE AND TELEMARKETING SALES ORGANIZATIONS
EFFECTIVE DECEMBER 7, 2013
This Memorandum of Understanding is entered into by Southwestern Bell Yellow Pages, Inc. and Communications Workers of America for the purpose of continuing a trial program with regard to commission splitting on referred accounts between Account Representatives and Sales Representatives. The Company or the Union may terminate the trial at any time after having provided reasonable written notice to the other. Furthermore, the Company shall be under no obligation to continue or establish commission splitting on referred accounts as a result of the trial.
The following procedures will be implemented in all sales offices, existing or to be established within the trial period in YP Texas Region Yellow Pages LLC.
1. Commission splitting shall take place when an account is referred between premise and telemarketing sales organizations. Commissions generated on the account shall be paid proportionately to each Representative in the following manner:
The Representative referring the account is entitled to 50% of the total commissions on the account. The Representative receiving (handling) the account would be entitled to 50% of the total commissions on the account.
197 2. Management in the receiving organization will assign referral accounts to ensure timely handling. Referral accounts will be assigned to the receiving Representative.
3. Accounts referred between sales organizations will require Management approval from both organizations. The receiving organization shall retain the right to refuse any account prior to assignment to a Representative.
4. In the event a loss of revenue occurs on a referred account, the rece1vmg Representative will close the account and obtain appropriate customer approval for the upcoming directory issue. The account, in its entirety, will then be returned to the referring sales organization and reassigned to and reported by the original Representative. The commissions paid on the account will be split, between the receiving and referring Representatives as described above, even though the results on the account will be reported by the Representative originally referring the account.
198 Commissions recovered due to cancellation of orders prior to the rendition of the bill, customer non-pay, Representative's error, or Specifications and Standards violation will be handled in the following manner:
The Commission Advance Recovery amount will be divided proportionately between both sales organizations according to the ratio of commission payment. The applicable adjustment amounts will be applied to both the referring and receiving Representatives. The adjustment amounts will be calculated and recovered according to the appropriate Commission Advance Recovery provisions in Article XXVII of the 2013 Departmental Agreement.
FOR THE UNION: FOR THE COMPANY:
199 ATTACHMENTO March 5, 2014
Mr. A.J. Villegas CWA Representative Communications Workers of America
Re: "As Earned" Intent Regarding Customer Service and Collections Jobs
Dear Mr. Villegas:
During the course of bargaining the parties discussed the intent of the "as earned" provisions of YP's new compensation plan. YP made it clear in these discussions that, while part of the intent of these provisions is to increase sales representatives' contact and care for our customers, there is no intent to impact Customer Service or Collections jobs in the Company. Though Customer Service and Collections jobs at YP have and may continue to be impacted by other Company initiatives, the "as earned" provisions of the compensation plan are not intended, nor expected, to directly result in the reduction of Customer Service and Collections jobs.
Sincerely,
Keith Halpern
200 ATTACHMENT P
May 16,2014
Mr. A. J. Villegas CWA Representative Ten Main Center 920 Main Street, Ste. 680 Kansas City, MO 65105-2011
Re: Post-Expiration Grievances and Arbitrations
Dear Mr. Villegas:
This is to confirm our agreement reached during 2013 Collective Bargaining negotiations with regard to the administration of grievances and arbitrations resulting from actions occurring after the expiration of the 2009 Labor Agreements and the implementation of the 2013 Labor Agreements.
The Company will agree to accept and administer these grievances and arbitrations as it normally would under the terms of the 2013 Labor Agreements.
This commitment will continue through the duration of the 2013 Labor Agreements.
Sincerely,
201 ATTACHMENTQ June 25, 2014
Mr. A.J. Villegas CWA Representative Communications Workers of America
Re: Direct Mail Channel - Trial Regarding Expanded Roles
Dear Mr. Villegas:
During the course of bargaining, YP and the Union formally established the compensation plan and job titles for the Direct Mail ("DM") Channel. YP also informed the Union that the scope of the roles of DM reps may expand in the future, to include Save Desk/Customer Retention work of customers in the telesales, cyber and unassigned DM channels.
The purpose of this Trial is to explore these expanded roles for the DM Channel and to determine best processes and practices to maximize the efficiency and effectiveness of this key position. YP shall meet with the Union and clearly explain the additional roles set forth above and how the targeted contractual compensation for DM Reps will be achieved. YP may also add Save Desk/Customer Retention roles to include New Media account retention and agrees to meet with the Union and explain such roles prior to implementation.
In the event that the Union, at any time, does not believe tqat the targeted compensation is being achieved, it shall have the right to request a full accounting of DM compensation under the new contract and meet to discuss ways to achieve targeted compensation, which may result in prospective modifications to DM compensation. In the event that the
202 Union has concerns about this trial other than compensation, YP agrees to meet with the Union to discuss such concerns and work with the Union to create potential solutions.
This trial shall start as soon as practicable. YP may end the trial following 30 days' advance notice to the Union and discussion with the Union regarding why it has determined that the trial has not been effective. If YP does not so notify the Union, this Memorandum of Agreement-Direct Mail Channel Trial will expire on December 9, 2016.
Agreed:
1 Signature: __/)-=--~-\:U.,_. __.._. !J,"V-1.~~· ""-/_/_/ __ Date:_9-'--~h'-"'-~-~{---'-/;~;- __ A.J. V e;;e;as ! 203 ATTACHMENT R July 3, 2014 Mr. A.J. Villegas CWA Representative Communications Workers of America Re: Commission Overpayment Forgiveness Dear Mr. Villegas: Provided this Memorandum of Agreement is ratified no later than November 5, 2014, YP agrees that it will forego the recovery of commission overpayments that were identified to the Union on May 23, 2014, which were associated with the following four (4) database inquiries ("OBis"): • DBICHG39947 • DBICHG39854 • DBICHG39855 • DBICHG39904 [t is agreed and understood that the Company's agreement to forego recovery of the overpayments associated with the above DBis shall be specific to those overpayments only, and shall be non-precedent setting in the event of future overpayments. Agreed: 204 ATTACHMENTS December 5, 2009 Mr. Bill Wildoner CWA Representative Communications Workers of America 10733 Sunset Office Drive, Suite 201 Sunset Hills, Missouri 63127 RE: Job Vacancy Requests (Transfers to Account Representative position) Dear Mr. Wildoner: This is to confirm our discussion during 2009 collective bargaining negotiations with regard to Job Vacancy Requests filed by Sales Representatives making transfers to the Account Representative position. Sales Representatives making transfers to the Account Representative position will be considered in accordance to standard placement bureau procedures after successfully qualifying on the tests and/or assessments required for the position. As discussed, we have placed an additionai"A" adder for qualification purposes for this position that will be applied to those Sales Representatives seeking transfer who have ranked in the top thirty-five percent of their sales office in terms of annual Market Assignment net increase on a cumulative basis for the previous two (2) consecutive publication years. This adder is in addition to others which are presently utilized for the job. 205 Sincerely, R. M. Edmondson 206 ATTACHMENT T December 5, 2009 Mr. Bill Wildoner CWA Representative Communications Workers of America 10733 Sunset Office Drive, Suite 201 Sunset Hills, Missouri 63127 RE: Job Vacancy Requests (Transfers to Senior Account Representative position) Dear Mr. Wildoner: This is to confirm our discussion during 2009 collective bargaining negotiations with regard to Job Vacancy Requests filed by Account Representatives making transfers to the Senior Account Representative position. Account Representatives making transfers to the Senior Account Representative position will be considered in accordance to standard placement bureau procedures after successfully qualifying on the tests and/or assessments required for the position. As discussed, we have placed an "A" adder for qualification purposes for this position that will be applied to those Account Representatives seeking transfer who have ranked in the top thirty-five percent of their sales office in terms of annual Market Assignment net increase on a cumulative basis for the previous two (2) consecutive publication years and held the Account Representative title in 207 the sales office they are seeking a transfer to for the previous consecutive three (3) years. This adder is in addition to others which might be utilized for the job. Sincerely, R. M. Edmondson 208 ATTACHMENT U MEMORANDUM OF UNDERSTANDING REGARDING THE TREATMENT OF MAKE GOODS EFFECTIVE DECEMBER 5, 2009 This Memorandum of Understanding is entered into by Southwestern Bell Yellow Pages, Inc. and Communications Workers of America for the purpose of conducting a trial program with regard to the treatment of make goods. The Company or the Union may terminate the trial after having provided thirty (30) days written notice to the other. Furthermore, the Company shall be under no obligation to continue this trial beyond the expiration date of the 2009 Labor Agreements (December 6, 2013). The following procedure will be implemented on all Make Goods applied on or after December 5, 2009 in all sales offices, existing or to be established within the trial period in Southwestern Bell Yellow Pages, Inc. Make goods adjustment revenue credited on accounts will be treated as "Existing Business" the year(s) the make goods adjustment credit is applied and the Representative who handles the account for the publication(s) containing the free advertising will receive credit towards results and commissions. At such time as the adjustment term ends, the Representative who handles the account for the publication(s) containing the free advertising will be held responsible for the value of the make good adjustment amount towards results, commissions and any other "Existing Business" for customer. 209 FOR THE UNION: FOR THE COMPANY: 210 ATTACHMENT V FLEX TIME EFFECTIVE DECEMBER 5, 2009 Flex-Time is a scheduling procedure that permits employees in a work group, with Management concurrence, to vary the time they begin and end work. The parties agree, in principle, that the adoption, on a trial basis, of Flex-Time scheduling may be desirable in certain locations within certain work groups. The Provisions of the Departmental Agreement, Agreement of General Application, and any other agreements, will continue to apply to the bargaining unit employees on Flex-Time scheduling, except as noted below. Flex-Time will not apply to employees who are scheduled for a Four-Day Work Week. Any Flex-Time trial may be terminated by either party by giving thirty (30) days written notice to the other party. Parameters and Implementation Procedures 1. The start date for the application of Flex-Time will be determined locally. The start date will normally be the beginning of the workweek for the affected work group. 211 2. Flex-Time does not alter deadlines established for a work group. Such deadlines must be taken into consideration when scheduling Flex-Time. 3. Employees that do not wish to participate in Flex-Time may continue to work normal hours. 4. The individuals, by work group, that will be allowed to participate in Flex Time may be determined on a weekly basis, when business requirements dictate. Any changes necessary should be posted by noon on Friday of the preceding workweek. 5. Needs of the business, ability of the employee, and length of service will be used to determine the individuals within a work group allowed to utilize Flex Time when less than the total work group can be accommodated. 6. Employees should not disturb other's work by "making the rounds" or some other disruptive behavior when they arrive or leave. This in itself, could be reason to discontinue Flex-Time. 212 ATTACHMENT V 7. When determined that it is necessary, "log-in, log ouf' procedures may be required. Such procedures are used at the beginning and end of each session. 8. It is not mandatory that continuous supervision be provided in all cases. Employees are expected to live up to the trust extended them. Failure to live up to the trust could provide sufficient reason to discontinue this privilege. A list of Management personnel to be contacted when on-site supervision is not available should be available at each work location. 9. Time worked less than eight hours in a given tour will be treated as absent time. 10. Tours will be deemed to have started at the time the individual reports for work within the bandwidth time frame. However, the tour must start no later than the beginning of the core time period. 11. Sessions must consist of a minimum of three hours and a maximum of five hours in length, excluding overtime periods. A period of at least one-half hour between sessions will be observed as non~work time. Scheduling of non-work time between sessions is subject to coverage requirements and needs of the business. 12. Employees shall be assigned or allowed one fifteen-minute relief period per session to begin not less than one hour from the beginning or end of each session. 213 13. The start time of a tour should be on the hour, quarter hour, half hour or three-quarter hour. 14. Overtime payment will be made for all time worked in excess of ten minutes either before or after the tour only when the employee has completed eight hours worked in a given tour. Assigned work time on a non-scheduled work day will be paid at the appropriate overtime rate. 15. The bandwidth and core times are to be determined by Management. Bandwidth is the outermost time limits that a scheduled tour may begin or end. Core time is the time when all employees must be at work. Bandwidth and/or core time may be changed locally on a work group by work group basis due to changes in service requirements. 214 ATTACHMENT V 16. An employee who is on Flex-Time may begin work any time during the bandwidth time frame as long as they meet the requirements for completing eight hours within the bandwidth hours. An example of bandwidth and core time is as follows: Bandwidth Core Time 7:00a.m. -5:30p.m. 9:00 a.m. - 4:30 p.m. In this case, an employee could report to work as early as 7:00a.m. or as late as 9:00 a.m. They would be considered tardy if they report to work after 9:00a.m., unless prior arrangements were made. ON WITNESS WHEREOF, Communications Workers of America and Southwestern Bell Yellow Pages, Inc. have caused this Agreement to be executed by their respective officers and representatives thereunto duly authorized, as of the day and year first above written. FOR THE UNION: FOR THE COMPANY: 215 ATTACHMENT W FOUR-DAY WORK WEEK EFFECTIVE DECEMBER 5, 2009 The parties agree in principle, that the adoption, on a trial basis, of a four-days per-week, ten-hours-per-day (four-day work week) schedule as a normal work week may be desirable in certain locations within certain job titles or work groups. Accordingly, Management and the Union have met and jointly agreed to the following parameters and implementation procedures applicable to the four day work week. Any four-day work week trial which is instituted may be canceled by either party upon thirty (30) days written notice to the other party. The Provisions of the Departmental Agreement, Agreement of General Application, and any other Union-Management agreements will continue to apply to the bargaining unit employees, except as noted below. Parameters and Implementation Procedures 1 . Management and the Union must jointly agree at the local level to implement a four-day work week schedule for a particular work group. 2. To the extent service requirements permit, changes to or from a four-day work week will be on a quarterly basis and normally at the beginning of a work week. 216 3. Overtime will be paid when an employee works in excess of ten hours, outside scheduled hours for employees covered under this agreement or in excess of 40 hours in a work week. 4. The normal work week shall consist of four, ten-hour tours. Sessions shall be no less than four nor more than six hours in length. 5. In order to make maximum use of time, all employees working the four-day work week should schedule personal business and doctor's appointments on the employee's SN-Day (Day Off) unless in a case of emergency. For emergency situations only, four-day work week employees may exchange their SN-Day with the approval of Management. 6. A maximum of eight (8) Authorized Holidays shall be compensated for on a ten-hour basis. This includes all Authorized Holidays except the day after Thanksgiving and the Designated Holidays. All employees would work their regular scheduled hours Monday through Wednesday of Thanksgiving Week and be scheduled off on Thursday as a holiday and Friday as an SN-Day. When 217 ATTACHMENT W employees move or change to or from a four-day schedule, they become eligible for remaining Authorized Holidays to the extent the remaining holidays do not exceed 80 hours. Any remaining time may be designated as "residual time" and credited to such employees. Pay for the remaining holidays will be withheld (beginning with the next holiday) to the extent that it will offset earlier overpayments resulting from the ten-hour schedule. 7. Employees electing to take day-at-a-time vacations will do so on a four-day, ten-hour basis. When changes to or from four-day work week schedules occur, unused day-at-a-time vacation time will first be divided into full days, if possible. Any remaining time will be designated as "residual time" and credited to such employees. 8. Employees eligible for Excused Work Days shall have these days converted to hours as follows: Four (4) Excused Work Days With Pay - 32 hours One ( 1) Excused Work Day Without Pay - 8 hours Excused Work Days will then be converted to full ten-hour days with any remaining time designated as "residual time" and credited to such employees. 9. Residual time may be disposed of as follows: a. "Bought-Out" by Management at the basic hourly rate. 218 b. Taken in complete time increments as excused paid time in conjunction with: (1) Excused Work Day residual time (2) Paid (work) time, (3) Excused not-paid time (including EWN time if available), (4) A combination of (1) and (2) above, or (1) and (3) above. Management must approve "buy-outs" along with when and how residual excused paid time will be taken. Residual excused paid time must be taken in situations where an employee would normally not receive pay. These procedures will apply to day-at-a-time vacations, holidays or EWP's earned but not taken prior to a change or transfer to or from a four-day work week schedule. 219 ATTACHMENTW 10. "Pay in lieu of" situations applicable to Vacations and Excused Work Days because of separations through dismissal (except misconduct), layoff, resignation, retirement, or death, will also apply to residual time. Pay for unused vacation time due to Leaves of Absence or transfers will include payment for any residual time due to the employee. 11. When available, paydrafts for employees participating in the four-day work week program may be distributed after 3:00p.m. on the Thursday preceding the regular Friday payday. Employees may consider direct deposit which makes funds available to the employee at the opening of business Friday morning. 12. Difference in pay for military training duty and emergency duty will be allowed for a maximum of 88 hours. 13. No night differential will apply to a ten-hour tour unless the comparable five day tour qualifies for night differential. 14. An illness waiting day will be ten hours. Likewise, paid incidental absence sickness will be on a ten-hour per day basis. 15. Leaves of Absence for Union Representatives on Union Business will be converted to hours as follows: 60 days equates to 480 hours 150 days equates to 1200 hours 220 16. Exchange Time may be made up at the end of the employee's regularly scheduled tour or on their scheduled day off beginning at the same time as their regularly scheduled tour. 17. Subject to the conditions of Article XV, Temporary Work in Higher Positions in the Departmental Agreement, classification differentials will be paid on the basis of one-fourth (1/4th) of the weekly wage rate instead of one-fifth (1/5th). ON WITNESS WHEREOF, Communications Workers of America and Southwestern Bell Yellow Pages, Inc. have caused this Agreement to be executed by their respective officers and representatives thereunto duly authorized, as of the day and year first above written. FOR THE UNION: FOR THE COMPANY: 221 ATTACHMENT X MEMORANDUM OF UNDERSTANDING REGARDING CELLULAR SERVICE MONTHLY ALLOWANCE FOR ACCOUNT REPRESENTATIVES, SENIOR ACCOUNT REPRESENTATIVES AND CUSTOMER SERVICE SPECIALISTS EFFECTIVE DECEMBER 5, 2009 This Memorandum of Understanding is entered into by Southwestern Bell Yellow Pages, Inc. and Communications Workers of America for the purpose of establishing a trial program with respect to payment of a monthly allowance for cellular service contracted for by Account Representatives, Senior Account Representatives and Customer Service Specialists. The Company or the Union may terminate this trial at any time, either in its entirety or at specific location(s), after having provided reasonable written notice to the other. Furthermore, the Company shall be under no obligation to continue or reestablish a cellular service monthly allowance as a result of the trial. Contractual or similar arrangements for the provision of cellular service and payment for such service shall be the responsibility of the individual employee. The following guidelines will be continued or implemented in all sales offices, either existing or established within the trial period, of the Company: 1 . Account Representatives and Senior Account Representatives will be reimbursed up to, but not in excess of, $75.00 per month if they contract or arrange for cellular service with a designated corporate affiliate of the Company. 222 ATTACHMENT X 2. Customer Service Specialists will be reimbursed up to, but not in excess of, $30.00 per month if they contract or arrange for cellular service with a designated corporate affiliate of the Company. 3. Reimbursement is conditional upon the employee's monthly submission of a bill to the Company verifying that the expense, either service charge or air time, was incurred during the month for which the allowance is requested. A detailed billing sheet must also be supplied, clearly showing whether each individual call was for business or personal use. Partial allowances will be reimbursed if actual monthly expenses are less than the maximum amount provided for above. If there are no business calls for the month, there will be no reimbursement for any expenses, including recurring monthly service charge. Reimbursable cell phone expenses • Monthly Service Charge (minus any corporate discounts) • Data Package • Charge for detailed billing • Business roaming charges • Federal Universal Service • Regulatory Cost Recovery • Universal Service • Taxes, Surcharges or Assessments Non-reimbursable cell phone expenses 223 ATTACHMENT X • All expenses related to a Secondary Line • Mobile to mobile • Text Messaging • Additional packages (i.e. Custom Calling, Premium Digital, etc ... ) • Unlimited nights & weekends at additional cost • Lockline Insurance Premium • Roadside assistance • All other expenses not required to conduct business The above list is subject to change based on future calling plan options. 4. Participation by employees will be on a voluntary basis. 5. Trial results will not be binding on the Company in any manner. FOR THE UNION: FOR THE COMPANY: 224 ATTACHMENT Y Partners in Progress: Investing In People - "A Strategy Toward Addressing Issues Of Common Concern" In today's fast paced, changing and competitive environment, the parties recognize the need to maintain a spirit of flexibility and cooperation. They further recognize that maintaining cooperation and flexibility demands, more than ever, the availability of easily accessible forums for discussing both current and future subjects of common concern. In an effort to enhance not only the overall success and competitive viability of the business operation but also to improve quality and productivity in the working lives of the employees whose dedicated efforts are critical to achieving these ends, the parties have identified certain issues of concern and means of addressing them during the life of the agreement. The Union and Company are committed to addressing the issues they have identified in a positive and constructive atmosphere of cooperation. They are also dedicated to achieving mutually satisfactory resolutions to their concerns wherever possible and continuing the process of identifying and addressing new concerns as they arise. The parties recognize that ongoing competitive considerations, challenges attributable to rapid technological change, desire for strengthened job security, workplace diversity and the mutual benefits derived from increased employee participation in all phases of operations will, of necessity, generate new ideas and concerns which must be considered and addressed in the future. The issues and concerns specifically mentioned in this document shall serve as examples of, not limitations upon, the areas which may 225 be appropriate subjects of discussion and, when possible, mutually satisfactory resolution in the course of the parties' ongoing partnership in progress. The discussion forums identified by the parties and the issues assigned to those forums are as follows: WORK AND FAMILY COMMITTEE 1. Monitoring. Discussion of this subject during the term of the 2009 Labor Agreements may include these topics: a. Any impact of secret monitoring with respect to job related stress or other health considerations. b. Any affect of secret monitoring upon productivity and morale. c. The use of secret monitoring as a means of facilitating training and assessing the effectiveness of training. d. The use of secret monitoring as a means of assessing the quality, quantity and consistency of service offered by individual employees. 2. Employment Security The committee may consider issues relating to employment security and strategies that improve the employment security of company employees. The parties desire to explore all practicable means of reducing economic insecurity. They further state their common intention of seeking to determine methods of preserving existing positions within the bargaining unit to the greatest extent possible during the life of this agreement. 226 3. Ergonomics The committee will continue to address the improvement in ergonomic design of all workplaces. 4. Office of the Future As the Company continues preparation for the "office of the future", the Work and Family Committee will meet to address the responsibilities of the support positions. The Committee will seek to identify redundancy of efforts and will address the appropriateness of each position's skill requirements, core competencies and respective wage classifications. Consideration will be given to potentially upgrading and combining job titles where job responsibilities are similar and/or overlapping. Publishing personnel responsibilities, in particular, will be reviewed and consideration given to moving toward fewer titles. TRAINING ADVISORY BOARD The following issues may be discussed in conjunction with this Board's functions under Article XV (Training/Retraining): 1. Offer workshops and counseling services to employees who desire assistance in developing career and education plans. 2. Methods of evaluating the effectiveness of any training/retraining offerings on an ongoing basis. 227 3. Methods of promoting employee awareness and encouraging participation. 228 ATTACHMENT Y QUALITY AND PARTICIPATIVE MANAGEMENT/EMPLOYEE INVOLVEMENT In recognition of the benefits which are inherent in maintaining a cooperative Union-Management relationship and in continuing to seek modifications of traditional workplace relationships which enhance the company's competitiveness and maximize employee satisfaction with work, the parties hereby renew their prior commitments to the process of Quality and Participative ManagemenVEmployee Involvement for the life of this agreement. EMPOWERED WORK TEAMS The Committee may discuss and explore (either as a stand-alone subject or in connection with Participative ManagemenVEmployee Involvement) the potential availability of conducting trial(s) of "Empowered Work Teams" (EWT's) or pilot study(ies) concerning such Teams. Ancillary subjects of discussion may include such potential benefits of EWT's as quality and process improvements, job enrichment and increased shareowner value. FOR THE UNION: FOR THE COMPANY: 229 ATTACHMENT Z December 5, 2009 Re: Dialog Regarding Contracting Out Work Senior Vice President-General Counsel & Secretary: Senior Vice President-Sales: Vice President-Customer Service: Vice President Finance & CEO: Vice President-Operations: Vice President & Chief Marketing Officer: Among the concerns raised by the Union during 2009 bargaining was the issue of contracting out work. Subject to the terms of our Labor Agreements, it remains our general policy to refrain from contracting out directory work if it will cause the layoff or part-timing of our employees. I am confident of your continuing support of this policy. We believe that an ongoing dialogue between Management and Union leadership concerning the use of contractors will result in a better understanding between the parties of the issues and concerns involved. The Common Interest Forum, provided for in Article XIV of the 2009 Agreement of General Application, provides a vehicle for such discussion. Meetings are conducted at least quarterly, unless otherwise agreed. In addition, the Company has made the commitment to provide CWA leadership, when possible, with advance notice of contracting out directory work which is not 230 presently being contracted, is currently being performed by our employees and has not previously been performed by a contractor. I appreciate your support of our commitment and our ongoing effort to use the Common Interest Forum to address this subject. Vice President-Human Resources AT&T Advertising Solutions Human Resources CC: President & CEO Director-Labor Relations 231