AGREEMENT

 

between

 

The Washington Post

 

and

WASHINGTON

 MAILERS' UNION

 NO. 29

January ญญญ__, 2010 - January __, 2013

 


TABLE OF CONTENTS

Section                                                                                             Page No.

 

 

Preamble

1                 Term of Contract

2                                           General Provisions

3                                           Relations

4                                           Legality

5                                           Grievance & Arbitration Procedure

6                                           Jurisdiction and Job Security

7                                           Assembling Completed Papers

8                                           Priority

9                                           Superintendents, Assistant Superintendents and Foremen

10                                      Competency

11                                      Discharges and Suspension

12                                      Notice of Discharge

13                                      Situations and Work Schedules

14                                      Relief and Past Practices

15                                      Work and Hiring

16                                      Hours

17                                      Holidays

18                                      Lunch Period

19                                      Wages

20                                      Shift Rates

21                                      Full Shift 

22                                      Overtime

23                                      Substitutes and Temporary Employees

24                                      Injured Employees

25                                      Vacation

26                                      Jury Duty

27                                      Compassionate Leave

28                                      Sick Leave

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29                                      Health and Welfare

30                                      Union Security

31                                      Dues Checkoff

32                                      Pension

33                                     Tax Deferred Savings Plan

34                                     Labor-Management Committee

35                                     Equal Opportunity

36                                      Health and Safety

37                                      Non-Party Status

38                                      Fully Bargained

 

Memorandum of Agreement

Scheduling Memorandum of Agreement

Lifetime Job Guarantee Roster

Job Roster for Mailers

Job Roster for Mailroom Helpers

Mailer Priority Substitutes

Mailroom Helper Priority Substitutes

Health Insurance Benefits and Costs

Procedures for Scheduling Substitutes

 

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PREAMBLE

 

THIS AGREEMENT, made and entered into between Washington Mailers' Union No. 29, Printing, Publishing, and Media Workers Sector (PPMWS) of the Communications Workers of America (CWA), hereinafter referred to as the "Union", and The Washington Post, hereinafter referred to as "The Post" or the "Publisher", WITNESSETH:

 

SECTION 1 - TERM OF CONTRACT

 

This Agreement shall become effective on the date of signing and shall remain in effect for three years five years, to and including the third fifth anniversary of the date of signing of this Agreement. The parties agree to bargain in good faith and to seek a successor agreement, without changing the terms and conditions of this Agreement, except in accordance with the National Labor Relations Act.

 

SECTION 2 - GENERAL PROVISIONS

 

The language and spirit of this Agreement guarantee the prompt and faithful performance by the Union and the Publisher of all obligations imposed by the terms of this Agreement, all without waiting for the consideration or adjustment of any difference of opinion respecting the rights of either party, to the end that fruitless controversies shall be avoided, good feeling and harmonious relations be maintained, and the prosecution of the business in which the parties have a community of interest shall be assured.

 

SECTION 3 - RELATIONS

 

This Agreement alone shall govern relations between the parties on all subjects concerning which any provision is made in this Agreement, and any dispute involving an alleged violation of a specific provision of this Agreement shall be determined as set forth in Section 5 hereof.

 

SECTION 4 - LEGALITY

 

To the best knowledge and belief of the parties this Agreement now contains no provision that is contrary to Federal or other law. If, however, any provision of this Agreement is held contrary to any local or Federal law by a court or unappealed final decision of a government agency of competent jurisdiction, then either party shall have the right to open this Agreement on those matters found in conflict with law. All remaining provisions of the Agreement shall continue in full force and effect during the full term thereof.

 

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SECTION 5 - GRIEVANCE AND ARBITRATION PROCEDURE

 

(a)      A Joint Standing Committee shall be appointed, consisting of two representatives appointed by the Publisher and two representatives appointed by the Union. If a vacancy arises, a substitute shall be appointed immediately. In addition to these four representatives, each party shall have the right to have a reasonable number of other involved representatives or witnesses relevant to the dispute, including the grievant, attend Joint Standing Committee meetings.

 

(b)      Step One - Shop Level: Whenever there is a disagreement involving an alleged violation of a specific provision of this Agreement, including a controversy over any form of discipline or discharge, during the term of this Agreement, the aggrieved party shall address the other party in writing, within ten working days from the time that the grieving party or its representatives knew or should have known of the incident giving rise to the grievance, stating in full the grievance and the nature of the relief sought.

 

(c)      Step Two - Joint Standing Committee: Within ten working days of the filing of any grievance in accordance with paragraph (b), the grieving party may refer the grievance to the Joint Standing Committee. When a controversy is referred to the Joint Standing Committee by the grieving party in writing, this Committee shall convene within twenty working days to hear both parties or their representatives. The majority decision by members of the Joint Standing Committee shall be final and binding on the parties to the Agreement. All Meetings of the Joint Standing Committee shall generally be held at one of The Post's production plants Northwest, D.C. offices.

 

(d)      Step Three -- Arbitration:

(1) If no decision is reached at the Joint Standing Committee meeting, the grieving party may, within ten working days of the Committee's meeting, provide a written demand for arbitration (by a single arbitrator) to the other party. The grieving party's demand for arbitration shall be addressed to the other party in writing, citing the specific issue(s) and provision(s) of the Agreement to be arbitrated.

 

(2) Within ten working days of a written demand for arbitration, The Post and the Union will select an arbitrator by alternately striking names from a panel of five arbitrators to be selected following the execution of this Agreement, with The Post and the Union alternately striking the first name in each case. Each party shall have the right to remove one arbitrator's name from the panel during the term of this Agreement,

 

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provided that the arbitrator has not been selected to hear a case. After this removal, the parties shall meet within thirty days to select another arbitrator for the panel.

 

(3)      The arbitration hearing shall be conducted according to the Voluntary Labor Arbitration Rules of the American Arbitration Association to the extent not in conflict with this provision; however, the American Arbitration Association shall have no authority as to the conduct of the hearing or the arbitration unless otherwise agreed by the parties. The decision of the arbitrator shall be final and binding, it being understood and agreed, however, that neither party waives any legal rights it may have. The arbitrator shall have the authority to rule on either party's motions, including pre-hearing dispositive motions. The arbitrator shall not have the authority to amend or modify or to add to or subtract from the provisions of this Agreement, nor shall matters left unrestricted by a specific provision of this Agreement or left to the discretion of the Publisher be subject to arbitration. If a grievance concerning work load, safety or health is subject to arbitration, the arbitrator shall not have authority to establish prospective minimum manning requirements. All arbitrations shall be held at the American Arbitration Association office in the District of Columbia or such other place as the parties may agree upon.

 

(4)      If a discharged employee is reinstated, wages for time lost as a result of the discharge and accrued contract benefits shall be considered and decided by the arbitrator, but in no event shall such wages or benefits exceed those that the employee would have received but for his or her discharge, or accrued benefits exceed those set forth in this Agreement. Reprimands and disciplinary actions without loss of pay shall be subject to the grievance procedure but shall not be arbitrable.

 

(e)      Notwithstanding the foregoing, all new employees hired after the signing of this Agreement shall be considered probationary employees for the first six months of their employment. During this six-month period, probationary employees may be subject to discipline or discharge, but such discipline or discharge shall not be subject to arbitration. However, the Union may grieve any such action and the Publisher agrees to meet and confer with the Union in good faith to resolve such grievances.

 

(f)       It is understood that the Publisher shall have the sole right to determine the manner and means of operation and production, except as specifically limited by this Agreement.

 

 

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(g)      The Publisher and the Union agree that there are no mutually acknowledged or recognized past practices or letters of understanding which have any contractual, or otherwise legally enforceable, application between them, except as provided in the Relief and Past Practices Section of this Agreement. It is further understood and agreed that the Publisher may in his or her discretion establish, modify or rescind reasonable work rules, standards of conduct and related procedures, e.g., alcohol or drug testing; provided that no employee covered by this Agreement shall be disciplined in connection with changes in past practices, work rules, standards of conduct, or procedures where the employee has not been given adequate notice of such changes.

 

(h)     The time periods set forth in this Section may be extended by mutual consent, but, unless such a period is extended in writing, failure to file or process a grievance or failure to move a grievance to arbitration within such time period shall constitute a waiver of the right to do so. The term "working days" as used in this Section does not include Saturdays, Sundays, or holidays. If either party raises a question of substantive arbitrability as to a grievance, such party shall be entitled to a separate, initial hearing before a separate arbitrator on arbitrability only, and a subsequent arbitration on the merits shall not be held unless the grievance is found arbitrable; provided, however, that neither party shall be deemed to have waived its right to have a court decide the issue of arbitrability instead of an arbitrator. If a party submits the issue of substantive arbitrability to an arbitrator, instead of a court in the first instance, then no judicial appeal of the arbitrability decision shall be taken until after the decision by an arbitrator on the merits.

 

(i)       All costs of arbitration shall be shared equally by the parties to this Agreement, except that neither party shall be responsible for cancellation or postponement fees incurred by the other party's late cancellation or postponement of an arbitration.

 

(j)       During the term of this Agreement, the Publisher will not engage in any lockout, and neither the Union nor any employees covered by this Agreement will engage in any strike, sympathy strike, work stoppage, partial strike, slowdown, diminution or interruption of any kind with production or work.

 

SECTION 6 - JURISDICTION AND JOB SECURITY

 

(a)      Recognition: Except as provided in this Section and Section 7, the Publisher recognizes the Union as the exclusive bargaining agent of all employees covered by this Agreement.

 

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(b)      Continuation of Bargaining Unit: It is mutually agreed that the jurisdiction and work assignment flexibility herein does not conflict with the basic concept recognized by the parties to the Agreement of a Mailroom bargaining unit, comprised of journeyman mailers, mailroom helpers, and utility mailers, and that work is to continue to be performed by employees in the bargaining unit. Except as provided in this Section and Section 7, none but journeymen mailers, mailroom helpers and utility mailers shall be employed by the Publisher to perform all mailing room work. The terms journeyman mailer, mailroom helper and/or utility mailer shall in no way be understood to apply exclusively to members of the Union; provided, however, that nothing stated herein shall be construed to limit or supersede the union security provisions set forth in this Agreement.

 

(c)      Jurisdiction: The jurisdiction of the Union shall consist of all mailing room work in The Post's Northwest, Southeast, Springfield and College Park production plant ("plant") pertaining to the distribution of the Publisher's newspaper products (so long as printing operations continue in the Northwest and Southeast plants) and the appropriate unit for collective bargaining shall consist of all employees performing any such work as follows:

 

(1)      Operating Addressograph or addressing machines (including auxiliary machines used for making plates and stencils, that are regularly used in placing names and addresses on wrappers); provided, however, that such machines may be operated by other workers on any work except preparing labels, lists or wrappers for use in dispatching newspapers from a mailroom.

 

(2)      Removing newspapers or supplements from the mailroom and off conveyors or escalators being used in conveying such newspapers or supplements from a press room.

 

(3)      Addressing, tagging, stamping, labeling, bundling and wrapping newspapers or supplements to be dispatched from a mailroom.

 

(4)      Inserting supplements by hand or machine, except as otherwise provided in Section 7, and provided further that, notwithstanding any other provisions of this Agreement, supplements and sections may be dispatched to dealers, agents or others for insertion by persons other than those covered by this Agreement.

 

(5)      Dissecting newspapers or supplements in the mailroom.

 

(6)      Sorting, routing, folding or tying newspapers or supplements to be dispatched from a mailroom.

 

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(7)      Dispatching papers from within the mailroom and supervising the dispatching at the loading area.

 

(8)      Counting papers to be dispatched from a mailroom.

 

(9)              For the purpose of this Agreement the word "supplements" shall include advertising circulars printed on the Publisher's web presses or elsewhere. Responsibility for promotion dodgers, printed on the Publisher's web presses, shall include only flying, tying, and stacking of such work destined for other newspaper departmental use.

 

(10)         Cleaning, oiling, greasing, adjustments, maintenance and minor repairs on machines or equipment operated by Mailers (exclusive of periodic inspections which may include preventive maintenance, and major repairs) shall be done by Mailers.

 

(11)         The journeyman Mailer permanently assigned to the Data Processing Center will not be reassigned to the Mailroom without his/her consent.

 

It is also recognized that the Publisher has heretofore elected to operate a single-purpose computer in relation to work performed by employees covered by this Agreement. A single-purpose computer is understood to mean a computer performing a single application of the processing of work within the jurisdiction of the Union.

Employees covered by this Agreement shall continue to operate the console including loading of software programs, or patches of such programs, as directed by persons not covered by this Agreement.

When a single-purpose computer is performing mailroom work, employees covered by this Agreement shall operate the control device (console or control panel) that activates the computer program including the day-to-day setting of the control parameters and the loading of programs, or patches of programs, as directed by persons not covered by this Agreement.

The Publisher shall have the right to purchase software programs from any source, or to have programs developed, or revised by, persons not covered by this Agreement.

 

(12)    Power or manual jacks, fork trucks or deep reach machine operations, except that Building Services employees may operate fork trucks in the Mailrooms for the sole purpose of removing garbage, plastic recyclable materials, and other waste products currently handled by such employees with manual jacks or by hand.

 

(13)    Removal from, and replacement on, press lines of papers run from a press conveyor through a counter-stacker.

 

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(14)    Manual loading of bundles onto conveyor belts leading to Traymatic elevators or loaders.

 

(15)    Stacking or throwing from belt conveyor master bundles, head sheets, black and whites and completes.

 

(16)    Stacking mail sacks on skids and throwing sacks down manual chutes.

 

(17)    Banding skids, transporting papers or skids from plant to plant; operation of freight elevator.

 

(18)    In-house bundle of single copy delivery.

 

(19)    Miscellaneous clean up work, such as stacking empty pallets, cardboard separators and tied waste bundles.

 

(20)    At the docks: receiving newspaper products delivered to the dock; manual handling of bundles on the dock or alley; loading of trucks or other vehicles; breaking jams in manual chutes.

 

(21)    In connection with the Pony Express operation, the transporting of bundles from chutes to the odds booth, transporting master bundles throughout the alley, breaking down of trucks, transfer of loads from one truck to another.

 

(22)    Pick-up and delivery of mail sacks from Post Office to the plants.

 

(d)      Flexible Work Assignments: Notwithstanding paragraph (c) of this Section, it is understood and agreed as follows:

 

(1)              For the term of this Agreement, all journeyman mailers listed on the

Job Guarantee Roster (Appendix A) and Appendices B and D shall only be assigned and perform the type of mailing room work described in Subsection (c)(1)-(11) above, provided that such employees may perform other work on a voluntary basis.

 

(2)     For the term of this Agreement, all mailroom helpers listed on

Appendices C and E shall only be assigned and perform the type of mailing room work described in subsection (c)(12)-(22) above, provided that such employees may perform other work on a voluntary basis. Any mailroom helper may voluntarily elect to become a utility mailer; upon written notice of such election, the mailroom helper's name shall be deleted from Appendix C or E, his/her priority date as a utility mailer will be the date of the written notice of such election, and his/her wage rate

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as a utility mailer shall be governed by Section 19, provided that, where the helper's wage rate is higher than the utility mailer rate in Section 19, the helper shall retain his/her then current rate of pay.

 

(3)      The Publisher shall have the right to assign or reassign any Mailroom work described in (c) above to utility mailers, to or any other mailroom employees hired in accordance with this Section or Section 23 after the execution of this Agreement, or to any Mailer or Helper listed on Appendices A through E who is offered but declines a situation. Any dispute concerning work assignments as described in this provision shall not be subject to the grievance and arbitration provisions of this Agreement, or to any other legal proceeding.

 

(4)              The Publisher shall have the right to assign or reassign other Post employees to perform Mailroom work, based on the demonstrable operational needs of the Publisher, provided that all journeymen mailers and all helpers listed on Appendices A through E have been offered, in priority order, an opportunity to work 35 hours five shifts per week in their classification, or have been offered, in priority order, work in their classification on the day when the shift is worked by a non-unit employee, and provided further that nothing in this Section 6 shall be deemed to prevent the Union from claiming in an appropriate forum that persons to whom such work is assigned should be included in the bargaining unit. For purposes of this Section, demonstrable operational needs include, but are not limited to, the need to employ other Post employees who are or will be displaced from their units due to new technology, new equipment or new processes. If the Union disputes that such assignment is based on the demonstrable operational needs of the Publisher, such disputes will be subject to the grievance and arbitration procedures in Section 5.

 

(5)              The Publisher shall continue to have the right, in his or her discretion, to subcontract the trucking of newspapers and newspaper products between the plants and work necessary for efficient installation and maintenance of equipment and construction. The Publisher shall continue to have the right, based on demonstrable operational needs, to subcontract other work necessary for efficient operations. During the term of this Agreement, The Post agrees that it will not contract-out the insert work done by Mailers in the production plants, provided, however, that nothing in this Agreement shall preclude the Publisher, in his or her discretion, from having entities or persons not covered by this Agreement insert materials into products printed outside the production plants.

 

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(6)      Minor jurisdictional disputes, e.g., those involving infrequent, incidental or de minimis work in the mailroom by non-unit personnel, shall be grievable but not arbitrable.

 

(e)      It is agreed that both the language and spirit of this Agreement assure that best efforts will be made by all employees to promptly and faithfully perform all work assigned to them by the Publisher.

 

(f)       Job Security Roster.

 

(1)       All situation holders actively working at The Post as of April 5, 1998 as Mailers or Mailroom Helpers, and whose names appear on the Job Security Rosters attached as Appendices B and C, will be guaranteed regular, full-time positions as Mailers or Helpers for the term of this Agreement without layoff, unless they vacate the same through retirement, resignation, death, or discharge for cause; provided, however, that in the event of an "Act of God" or a strike by any other union that results in a period of temporary suspension of the Publisher's operations, this provision will be suspended until the Publisher resumes operations. The Publisher in his discretion shall have the right to offer voluntary cash separation incentives, in amounts and methods of payment to be determined by the Publisher, to Mailroom employees, including persons whose names appear on Appendices A through E; such persons who accept the separation incentive shall have their names deleted from the Appendices and shall sign a statement that they are resigning from employment with The Post.

Except as otherwise provided in this Section and Section 23, all new employees hired into the bargaining unit after the execution of this Agreement will be classified as "Utility Mailers," and the priority of a Utility Mailer will be established on the journeyman mailer priority list on the date that the employee is hired into the utility mailer position. During the term of this Agreement, utility mailers shall not be offered mailer shifts unless all journeymen mailers whose names appear on Appendices A, B and D to this Agreement have been offered a situation or an opportunity to work mailer shifts totaling 35 hours per week five mailer shifts per week, or have been offered mailer work on the day when the mailer shift is worked by a utility mailer; utility mailers shall likewise not be offered helper shifts unless all helpers whose names appear on Appendices C and E to this Agreement have been offered a situation or an opportunity to work helper shifts totaling 35 hours per week five helper shifts per week, or have been offered helper work on the day when the helper shift is worked by a utility mailer. Notwithstanding the foregoing, any Mailers or Helpers on Appendices A through E who are offered but decline situations shall have their names removed from the applicable Appendix, will be given a new priority date in accordance with Section 8 (e), and may be assigned any Mailroom work described in subsection (c) (1) - (22) regardless of their classification as a Mailer or Helper; such employees will continue to be paid their respective Mailer or Helper rates set forth in Section 19.

 

(2)      During the term of this Agreement, Any layoffs of Mailroom employees who are not listed on the Lifetime Job Guarantee Roster or Job Security Rosters shall be implemented in reverse priority order . In the event of a layoff after expiration of this Agreement and the job security provision in Section (f) (1) above, the Publisher agrees that such layoffs will be implemented in reverse priority order,, with utility mailers and/or other Mailroom employees being laid off first as long as any Mailers or Helpers listed on Appendices B through E are working in the Mailroom. If no utility mailers remain working after such a layoff, the Publisher shall have the right in his or her discretion to assign any of the Mailroom work described in paragraph (c)(l) - (22) above to either Mailers or Helpers (including employees on Appendices B through E), in reverse priority order, up to the total number of laid-off utility mailers.

 

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SECTION 7 - ASSEMBLING COMPLETED PAPERS

 

(a)      The provisions of this Agreement shall not apply to the hand insertion of Daily or Sunday newspapers printed within the production plants; provided, however, that persons employed to perform such work shall receive not less than the minimum wage under applicable law. Such persons shall not be regularly required or permitted to perform any other work described in Section 6, except that such persons may continue to be assigned the placing of complete bundles on, and unstacking of complete bundles from, the conveyor lines.

(b)      The provisions of this Agreement shall likewise not affect the right of the Publisher to assign the work described in paragraph (a) above, now done by Hand Inserters, to any bargaining unit employees on a non-exclusive basis.

 

SECTION 8 -- PRIORITY

 

(a)      Effective as of the date of the signing of this Agreement, the Publisher will maintain records of each employee's priority and provide the Union with written notice of the hire date of the unit employee within five working days of the hiring so that the Union may maintain its slipboard.

 

(b)      For all employees on the attached Priority Appendix F, his/her priority date shall be the date reflected on the Appendix, subject to the provisions of paragraph (e) below.

 

(c)      For all future hires, his/her priority shall be established on the date that the employee is hired into a Utility Mailer position. If a Mailroom Helper provides written notice of his or her election to become a Utility Mailer, then his/her priority date shall be the date of his or her written notice of such election. If more than one Helper becomes a Utility Mailer on the same day, then their priority order shall be determined by the order of their priority as a Helper. In the event other persons who were not Mailroom employees are hired as Utility Mailers on the same date, their priority order shall be established behind any Mailroom Helpers hired as Utility Mailers on the same date, and their order among themselves shall be the seniority date with The Post or, if none, then by lottery, conducted by the Publisher and attended by the Chapel Chairman.

 

(d)      Membership or non-membership in a labor organization shall not be a factor in hiring, promotion, priority or tenure of employment of employees in the Mailrooms; provided, however, nothing stated herein shall be construed to limit or supersede the Union Security provision in this Agreement.

 

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(e)      If a unit employee accepts a position outside the unit, but with The Post, for fewer than three consecutive years, he or she shall be able to return to a unit position without loss of previously accrued priority. If a unit employee accepts a position outside the unit, but with The Post, for three consecutive years or more,

he or she shall lose all previously accrued priority upon return to the unit. If a unit employee refuses a situation when one is offered by The Post, he or she shall be given a new priority date, which date shall be the date the situation was offered. An employee on leave to work for the PPMWS of the CWA or WMU No. 29, an employee who leaves the unit to work as an exempt Mailroom manager or foreman, or an employee on approved medical leave, will not lose priority during such leave or period outside the unit. If an employee resigns or is discharged for just cause from The Post, he or she shall lose all previously accrued priority.

 

SECTION 9 - SUPERINTENDENTS, ASSISTANT SUPERINTENDENTS AND FOREMEN

 

(a)      The operation, authority, and control of the Mailrooms and the hiring and supervision of each shall be vested exclusively in the Publisher through his or her representatives, including the superintendents, assistant superintendents, salaried foremen, and other exempt Mailroom managers or supervisors. It is recognized that the superintendents, assistant superintendents, salaried foremen, and other Mailroom managers shall be excluded from the bargaining unit covered by this Agreement and shall be exempt from the union security clause in this Agreement.

 

(b)      Whenever the term "foreman" is used in this Agreement to refer to a management representative, it shall include mailroom superintendents, assistant superintendents, salaried foremen and other exempt mailroom managers and supervisors. The Publisher may, in his or her discretion, create additional managerial or supervisory positions outside the bargaining unit at any time, provided that, during the term of this Agreement, there will be no more than 53 exempt salaried foremen who perform both supervisory and unit work. The Publisher has the sole right in his or her discretion to select foremen from whatever source, including persons inside or outside the bargaining unit.

 

(c)      The Mailroom Superintendents and Assistant Superintendents shall do no bargaining unit work. The salaried foremen of the Mailrooms may continue to perform bargaining unit work in addition to their supervisory duties.

 

(d)      In the absence of a superintendent, a foreman in charge shall so function. The names of the superintendents and foremen designated to act in their stead shall be conspicuously posted. The orders of the foremen shall be in conformity with the provisions of this Agreement and disputes under this paragraph shall be subject to the grievance and arbitration procedure in Section 5.

 

SECTION 10 - COMPETENCY

 

The Publisher shall be the judge of the competency of employees employed in the Mailrooms.

 

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SECTION 11 - DISCHARGES AND SUSPENSIONS

 

(a)      The Publisher may discharge for just cause and to decrease the work force, as provided in Section 6 (t). Failure to discharge shall in no case be construed as a waiver of the Publisher's right to discharge for any of the above causes in other instances. Nothing in this section shall be deemed to limit the right of the Publisher to reprimand, suspend, or discharge an employee for just cause. Reprimands and disciplinary actions without loss of pay shall be subject to the grievance procedure but shall not be arbitrable; other disciplinary actions shall be grievab1e and arbitrable.

 

(b)      The decrease in force shall be accomplished by discharging first the person or persons last employed as regular situation holders. An employee discharged to reduce the force shall be reemployed as a regular, if competent to perform the work, in order of priority standing. When a situation-holder is absent from work fifteen or more consecutive scheduled work shifts without being excused from work in accordance with the terms of this Agreement, the employee shall be deemed to have voluntarily resigned his or her employment on the sixteenth shift of such absence. Paid vacation and paid sick leave which an employee is entitled to take shall not be counted as days absent under this Section. Days missed because of illness or disability which are compensable under Workers' Compensation law, the sickness and accident insurance policy, and other absences which are authorized under the Agreement, including shifts excused by the Publisher killed by a foreman and days off for union business, shall not be counted as days absent under this Section. Unpaid leaves of absence for which the employee has secured advance written approval from the Publisher shall likewise not be counted as days absent under this Section. Notwithstanding the foregoing, if an employee is unable to work for a period of twelve months or more for any reason, the employee shall be deemed to have voluntarily resigned on the 366th consecutive calendar day of such absence, unless the employee states in writing his or her intention to return to work as soon as he or she is able and provides medical documentation verifying his or her inability to work, at least every three months, and establishing that the employee is then unable to work but will be able to return to active employment in the Mailrooms within 36 months of the employee's first date of extended absence.

 

(c)      The chapel chairman, or person designated to act as such, shall not be subject to discipline or discharge for any act performed within the scope of his or her legitimate duties and responsibilities as an authorized Union representative.

 

SECTION 12 - NOTICE OF DISCHARGE

 

(a)      An employee discharged for reasons other than to decrease the force shall be given the reasons for discharge in writing if demand for such information is made within 72 hours after notice of such discharge is given.

 

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(b)      An employee who desires to contest this discharge may raise an issue and the matter shall be referred to the Joint Standing Committee as provided in Section 5 of this Agreement.

 

SECTION 13 - SITUATIONS AND WORK SCHEDULES

 

(a)      The Publisher shall determine the number of regular situations to meet minimum production requirements; provided, the Publisher shall take into consideration the number of extra shifts hired at the Publisher's option due to sickness, vacations, jury duty, compassionate leave, and any other relevant factors. Notwithstanding Section 6(f) or any other provisions in this Agreement, in the event of a dispute arising under this paragraph, over the number of situations in the Mailer or Helper mark-ups, the Union may grieve such dispute, but the dispute shall not be subject to arbitration.

 

(b)      Persons considered competent as substitutes or extras by the Publisher and who are listed on the priority list referred to in Section 8 (a) shall be deemed competent to fill regular situations. The substitute with the highest priority oldest in continuous service shall have prior right to filling the vacancy. Employees who are competent to perform the work involved may claim openings on new shifts and new starting times in accordance with their priority standing. There shall be a posted working schedule, or "mark-up", for all situation holders. Posting shall take place at least twice each year. The Publisher A foreman may change the posted working schedules at any time by posting the change(s) 30 days prior to the effective date of the new schedule.

 

(c)      Active situation holders may claim in priority order the posted work schedules. In the Publisher's discretion, For a one-year period after execution of this Agreement, up to 54 Mailer schedules, and thereafter up to 81 Mailer schedules may will consist of blocks of five working shifts totaling 35 hours with at least and two consecutive days off all of which will be designated as Springfield inserting situations (Sunday packaging and/or daily inserting); in each situation, at least one of the consecutive days off shall be a weekend day; provided that, if the Publisher posts a Mailer mark-up containing schedules with 8.75-hour shifts, the Publisher will post no block schedules during the term of such a mark-up . These blocked schedules shall be divided between the dayside, afternoon and night shifts. In the event that starting times are the same in the posted "mark-up" for both the ROP and insert operations at the Springfield plant, situation holders will be allowed to select their work assignments in accordance with their priority standing. Active Mailer situation holders may choose shifts in the daily inserting operation that result in double headers, but not in the ROP operation or Sunday packaging operation so long as no Mailer is

required to work a double shift involuntarily. No situation holder will be allowed to select a schedule containing a triple header; work schedules containing doubleheaders will be allowed except that no situation holder will be allowed to claim more than one work shift in a 24-hour period from shifts in the mark up which are designated as warehouse deep reach shifts, but The

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Post will apply this restriction only to the extent necessary for health and safety reasons. Notwithstanding the provisions of this paragraph, during the transition period (from January 1, 1998 through January 31, 1999) associated with the opening of the College Park plant, the Publisher may, in his or her discretion, offer schedules to a reasonable number of situation holders in accordance with operational needs on a voluntary basis; in the event that an insufficient number of situation holders accepts these schedules, the Publisher shall have the right to assign these schedules to competent situation holders in reverse priority order.

 

 

 

(d)      Schedules which have not been claimed after thirty days' posting may shall be assigned by the Publisher a foreman or left unfilled at the discretion of the Publisher. Situation holder schedules that go vacant during the term of a markup will be posted within one week for priority claim. After three postings for shift claim (provided that in each instance the remaining schedule is workable), the Publisher will not have to fill any remaining open schedule. If an open schedule becomes available within six weeks of bumping down a new markup, the Union will waive any claim to have the open schedule posted. Only active situation holders are eligible to claim a posted working schedule If an inactive situation holder returns to active duty after the effective date of a new schedule change, he or she will be assigned a schedule by the Publisher a foreman, which his or her priority would have allowed the situation holder to claim had he or she not been on inactive status at the time of the schedule change.

 

(e)      The Chapel Chairman and Assistant Chapel Chairmen shall continue to be permitted to perform unit representational duties, such as monitoring daily hiring by the foremen, attending grievance sessions, discussing and investigating grievances with employees as well as with management, and such other unit duties as he or she may be required by the position to perform, provided that only one Mailer Chapel Chairman and one Helper Chapel Chairman shall be "above the markup" and all other Assistant Chairmen or Acting Chairmen shall perform such duties only while on approved unpaid leave or during non-working time for which the Assistant or Acting Chapel Chairmen are not paid by the Publisher to perform work for the Publisher, or when excused by the Publisher a Foreman during working time to represent an employee.

 

(f)       The Publisher may make temporary changes in the starting times of shifts at any time by posting the change(s) to be made no less than seventy-two hours prior to the effective date, except that temporary changes to accommodate the distribution of Book World or like sections on Sundays may be made with thirty-six hours notice without penalty. Temporary changes shall be prohibited during a holiday week unless mutually agreed upon with the Union, except during the transition period described in paragraph (c) above. Such temporary changes in starting times of posted working schedule(s) are not available for claim. In addition to the normal rotation on the collator and inserting hoppers, mailroom employees on collator situations shall be assigned for training purposes to all positions on the collator. After training, such mailroom employees shall be assigned to such positions and rotated on a fair and equitable basis, subject to the grievance and arbitration procedures set out in Section 5.

 

(g)      The Publisher shall in his or her discretion have the right to determine the number of mailroom employees to be assigned to any work station, work

operation, and to any equipment operated by mailroom employees. This right shall extend to current equipment and methods of operation and to any new or modified equipment and to changed methods of operation.

 

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(h)     If an employee has been given a limited release to return to work from either Accident and Sickness or Workers Comp leave, the Publisher may in

either case assign the employee to a schedule of work the employee is capable

of performing over and above the mark-up for up to six months for up to six months. The Publisher, however, shall have no obligation to create or maintain light duty assignments.

 

SECTION 14 -- RELIEF AND PAST PRACTICES

 

(a)      The present practice of affording three relief breaks during the shift to Mailroom employees working that shift, except those assigned to the mail, addressograph, clean-up, loading dock, rolling stock, and maintenance shall be continued during the term of this Agreement. Those assigned to the mail, addressograph, cleanup, loading dock, rolling stock and maintenance shall continue to be afforded unstructured breaks during the shift as has been the practice. Nothing in this Agreement shall be deemed to expand or reduce current relief break practices.

 

(b)      The present practice providing for a coffee break, one five-minute wash- up time before lunch wash-up times, a break between doubleheader shifts, fifteen minutes for monthly chapel meetings (provided that such meetings are conducted during an established coffee break), and time to get lunch when it is necessary to work through lunch shall be continued. Effective 18 months from the signing of this Agreement, monthly chapel meetings will be permitted on Post premises only during employees' unpaid non-working time (e.g., immediately after the end of a shift), at a time and date approved in advance by the Publisher.

 

(c)      Subject to changes necessary for operational reasons, the current practices of rotating employees at machine work stations shall also be continued during the contract and any changes in such rotation practices may be immediately referred to the Labor-Management Committee for its consideration.

 

(d)      The present policy providing procedures for access to Post property, for representational purposes only, for union staff representatives who are not active Post employees shall be continued during the term of this Agreement.

 

SECTION 15 - WORK AND HIRING

 

 (a)     The Publisher shall have the sole right to hire employees for the  Mailrooms from whatever sources the Publisher deems appropriate. The

Publisher's right to hire shall not be subject to arbitration. All time covered by  this Agreement belongs to the Publisher, and employees shall perform any and all duties assigned to them by the Publisher. No employee shall be allowed to

 

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leave the work place during working hours except with the permission of the Publisher a foreman.

 

(b)      Employees are obligated to cover their shifts unless they are too sick or too disabled to work, or unless they have requested the advance permission of the Publisher a foreman to be absent from work, with as much notice as possible but at least two hours before the starting time of a morning shift beginning between midnight and 11:00 a.m. of the shift (except in emergencies) and three hours before the starting time of all other shifts (except in emergencies), or they have offered to provide a competent priority substitute, at the straight-time rate, through the Scheduling Office and have been excused from work by the Publisher a foreman. If at any time within one week of the requested day off, the employee offers to provide an available competent priority substitute, at least three two hours before the starting time of the shift (except in emergencies), the Publisher foreman shall excuse the employee.

 

(c)      The Publisher, in his or her discretion, shall determine whether or not it is necessary to hire a replacement for employees who are absent for any reason.

 

(d)      When the Publisher decides, in his or her discretion, to hire additional substitutes, the Union shall be notified concurrent with any posting or advertisement so that in order that it may refer applicants to the Post for all open bargaining unit positions in addition to any other applicants to be considered for employment. The determination of which applicants to hire from whatever source, however, shall rest solely in the Publisher's discretion.

 

(e)      The Publisher shall have the right in his or her discretion to require employees to work hours in excess of their scheduled shift overtime based on the Publisher's reasonable operational needs. When excess work beyond the end of a shift overtime is required, the Publisher foreman will notify the Chapel Chairman as soon as possible as to the number of persons required and the Publisher foreman will solicit volunteers to work the overtime. If an insufficient number volunteer, the Publisher foreman shall have the right to order employees to work the overtime from those competent to perform the work in reverse priority order. In the event of a dispute concerning the necessity for involuntary overtime which the parties fail to resolve, the dispute may be referred to arbitration under Section 5 of this Agreement. The employees required by the Publisher to work involuntary overtime shall do so at the direction of the Publisher during such review by the parties and referral to arbitration, but However, a Mailroom employee shall not be required to work hours in excess of their scheduled shift involuntary overtime when the employee cannot do so because of a bona fide personal emergency or hardship. Any disciplinary action arising from a refusal to work in excess of a scheduled shift shall be subject to the grievance procedures outlined in Section 5.

 

SECTION 16 - HOURS

 

Seven hours, exclusive of a lunch period, shall constitute a day's or night's work except as provided herein. Five days or five nights or a combination of days and nights totaling five shall constitute a week's work.

 

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The Publisher shall post a schedule showing, for each full-time regular employee, the hours per day or night for each day of the week. Notwithstanding the foregoing, the Publisher shall have the right, in his or her discretion, to post schedules with extended hours consisting of less than five-shifts-per-week, consisting of thirty-five hours in a week. Employees may claim such schedules in priority order, provided that such extended hour schedules will not be posted in the Sunday Packaging operation and provided that such posted schedules will consist of no more than ten-and-a-half hours a day (exclusive of lunch) and no less than four hours a day. Such schedules shall be deemed the equivalent of five-shifts-per- week schedules for benefit purposes, and shall include an additional relief break for any shift longer than nine seven hours.

 

SECTION 17 - HOLIDAYS

 

(a)      The following holidays (or days observed as such) shall be observed: New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Work performed by employees covered by this Contract on the holidays (or days observed as such) shall be paid for at double the straight-time rate for all hours worked.

 

(b)      The Publisher may in his or her discretion operate with a reduced force on the days enumerated above. The Publisher shall notify the Chairman at least 48 72 hours prior to the holiday of the number of situation holders that will be required to work on said holidays. All other situation holders scheduled to work on these days but whose services will not be required shall be paid their scheduled a shift's pay at straight time rates.

 

(c)      When a regular situation holder works an extra shift on a holiday, the extra shift shall be paid at double the straight-time rate for not less than a full shift; provided, if a situation holder does not work all of his or her scheduled shifts during that week, payment for the extra shift on the holiday shall be made at the straight-time rate. Extra shifts on a holiday shall be offered first to substitutes who, as of the date of the holiday, are not scheduled for five shifts during that week.

 

(d)      If a holiday falls on Saturday, the holiday for the night shift shall, on notice at the beginning of the week, be observed either on the eve or the night of the holiday, at the option of the Publisher.

 

(e)      When a holiday falls within a situation holder's scheduled vacation period, he/she shall be entitled to an additional one day of vacation, which may be scheduled as a day-at-a-time vacation, or, at the employee's option, he or she be paid seven hours' additional pay an additional day's pay at the straight-time rate in the next payroll period.

 

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(f)       When a holiday falls on a situation holder's regular day off, he/ she shall be paid given an additional day's pay at the straight-time rates equal to a standard shift of seven hours in the next payroll period week. When a substitute works  five straight-time shifts totaling 35-hours during a holiday week and the holiday falls on the substitute's day off, he or she shall be paid given an additional day's pay at the straight-time rate equal to a standard shift of seven hours in the next payroll period week.

 

(g)               None of the above provisions shall result in the duplication of holiday payments.

 

(h)     An employee whose work schedule includes two shifts on a holiday shall receive the holiday benefit(s) set forth in Sections 17(a) and (b) above, for both shifts; provided, however, any employee who is scheduled to work a holiday shift and fails to report shall not be entitled to the shift's pay as set forth in Section 17(b).

 

(i)                 An employee who is scheduled to work in the week when a holiday occurs, but has been absent while on paid leave under the Accident and Sickness policy or Workers' Compensation for not more than 20 scheduled work days will be paid for the holiday. Holidays falling more than 20 scheduled work days from the beginning of such absence will not be paid.

 

SECTION 18 - LUNCH PERIOD

 

A lunch period of thirty minutes shall be allowed during each shift. Insofar as operations permit, no employee shall be required to take his/her lunch period sooner than three and one-half hours or later than five hours after beginning work; except for night-time ROP operations when employees may be sent to lunch no sooner than one and one-half hours after beginning work.

 

SECTION 19 - WAGES

 

(a) Mailer Scales:

 

(1)      Effective the beginning of the payroll period following the date of signing, covered employees who were hired as Mailers covered by this Agreement prior to January 7, 1992 shall receive not less than the following straight-time scale:

Day Shift

Per Hour                                 $24.993

 

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Per Week of 35 Hours            $874.75

 

 

Day Shift                      Night Shift                   

Per Hour                                                                      $23.950                       $24.178

Per Week of 35 Hours                                                 $838.25                       $846.25

 

 

(2)              Effective the beginning of the payroll period following the date of signing, covered employees who were hired as Mailers covered by this Agreement between January 7, 1992 and May 18, 1998 and the effective date of this Agreement  shall receive not less than the following straight-time scale:

 

Day Shift

Per Hour                                 $20.218

Per Week of 35 Hours            $707.62

 

Day Shift                      Night Shift

 

Per Hour                                                          $19.175                       $19.346

Per Week of 35 Hours                                     $671.12                       $677.12

 

(b)      Mailroom Helper Scales:

 

(1)              Effective the beginning of the payroll period following the date of signing, covered employees who were hired as Mailroom Helpers covered by this Agreement prior to January 7, 1992 receive not less than the following straight-time scale:

 

Day Shift

Per Hour                                 $20.289

Per Week of 35 Hours            $710.12

 

Day Shift                      Night Shift

 

Per Hour                                                          $19.175                       $19.346

Per Week of 35 Hours                                     $671.12                       $677.12

 

(3)              Effective the beginning of the payroll period following the date of signing, covered employees who were hired as Mailroom Helpers covered by this Agreement between January 7, 1992 and May 18, 1998 the effective date of this Agreement shall be paid the wage scales set forth below:

 

Shifts Worked                          Pay Rate

Under 390 shifts                      50% of scale in paragraph (b) (1)

391 to 780 shifts                     60% of scale in paragraph (b) (1)

781 to 1,170 shifts                  70% of scale in paragraph (b) (1)

Over 1,170 shifts                     80% of scale in paragraph (b) (1)

 

(c) Uti1ity Mailer Scales:

 

Effective the beginning of the payroll period following the date of signing, , new employees who are hired as Utility Mailers and covered by this Agreement shall receive not less than the following straight-time scale:

 

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Day Shift

 

Per Hour                                 $12.42

Per Week of 35 Hours            $435.00

 

Day Shift                      Night Shift

 

Per Hour                                                          $11.571                       $11.743

Per Week of 35 Hours                                     $405.00                       $411.00

 

Pursuant to Section 32(d)(2), Utility Mailers not eligible to participate in the Tax Deferred Savings Plan will receive a straight time day shift rate of not less than $13.36 per hour until they become eligible to participate, at which point their hourly rate shall be reduced to no less than $12.42.

 

 

(2)        Utility Mailers covered by this Agreement, and still on the

active payroll as of the applicable dates in this paragraph,

 

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shall receive one-half of the lump-sum amounts provided under paragraph (d) (2) below, effective the beginning of the payroll period following the second anniversary of this Agreement, based on shifts worked as set forth in paragraph (d) (2); an increase of $15.00 per week effective the beginning of the payroll period following the first anniversary of the signing of this Agreement; an increase of $15.00 effective the beginning of the payroll period following the third anniversary of the signing of this Agreement; and an increase of $15.00 effective the beginning of the payroll period following the fourth anniversary of the signing of this Agreement Each of the $15.00 per week increases for Utility Mailers shall not be added to the scale set forth in paragraph (c) (1) above.

 

(d)               Increases

 

(1)      Within one week following the first election period in paragraph (d) (3) below, those employees on the payroll who are covered by this Agreement under Sections 19 (a), (b), and (c) above as of the date of signing, and who have worked 70 ten or more shifts during the year ending December 31, 2009 April 5, 1998, shall receive a one-time lump-sum payment as follows, subject to the provisions in paragraph (d) (3) below, in lieu of salary scale increases for the first year of this Agreement.

 

Shifts Worked

 

220 and over                  $1,200.00

200 to 219                     $1,100.00

180 to 199                     $1,000.00

160 to 179                     $   900.00

70 10 to 159                   $   600.00

 

(2)      Effective the beginning of the payroll period following 24 months from the date of signing this Agreement, and within one week following the second election period in paragraph (d) (3) below, those employees on the payroll who are covered by this Agreement under Sections 19 (a), (b), and (c) above, and who have worked 70 ten or more shifts during the year ending December 31, 2011 April 2, 2000, shall receive a one-time lump-sum payment as follows, subject to the provisions in paragraph (d) 3) below, in lieu of salary scale increases for the third year of this Agreement.

 

Shifts Worked

 

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220 and over                  $1,200.00

200 to 219                     $1,100.00

180 to 199                     $1,000.00

160 to 179                     $   900.00

70 to 159                       $   600.00

For the purposes of this Section, shifts worked for the years ending December 31, 2009 April 5, 1998 and December 31, 2011 April 2, 2000 shall be determined by dividing the total hours paid each employee, for both worked and non-worked hours, by seven (the number of hours constituting a regular shift). In addition, shifts missed by employees during the years ending December 31, 2009 April 5, 1998 and December 31, 2011 April 2, 2000, on account of an injury payable under Workers Compensation will be counted for the purposes of this Section.

 

(3)      In the application of the one-time lump-sum salary payments set forth in paragraphs (d) (1) and (2) above, each eligible employee shall have a choice of electing (1) to receive the full lump-sum amount through a payroll payment with applicable taxes deducted, or (2) to have either 25%, 50%, 75% or 100% of this amount credited to his or her Tax Deferral and Savings Account, on a tax deferred basis (subject to FICA, Savings Plan rules, and applicable IRS restrictions), with the remaining amount, if any, paid as a one-time lump-sum amount through a payroll payment with applicable taxes deducted. As soon as practicable after the signing of this Agreement, and after the second anniversary date of this Agreement, The Post will establish an election period of not less than 10 working days, and will distribute information and election forms in connection with the payment elections provided in this paragraph.

 

(4)              Effective the beginning of the payroll period following 12 months from the date of signing this Agreement, those for employees who are on the active payroll who are of The Post at that date and covered by this Agreement under Sections 19 paragraphs (a), (b), and (c) above of this Section, shall receive there shall be an increase of $21.00 $23.00 per week for full-time employees added to the pay rates for those employees covered by this Agreement and then on the payroll, or $0.60/hour for part-time employees, and such increases shall be added to the contractual minimum scales set forth in paragraphs (a), (b) and (c) above.

 

Effective the beginning of the payroll period following 36 months from the date of signing of this Agreement, for employees who are on the active payroll of The Post at that date and covered by paragraphs (a) and (b) above of this Section, there shall be an increase of $23.00 per week added to the pay rates for those employees covered by this Agreement and then on the payroll, and such increase shall be added to the contractual minimum scales set forth in paragraphs (a) and (b) above.

 

(6)        Effective the beginning of the payroll period following 48 months from the date of signing of this Agreement, for employees who are on the active payroll of The Post at that date and covered by paragraphs (a) and (b) above of this Section, there shall be an increase of $23.00 per week added to the pay rates for those employees covered by this Agreement and then on the payroll, and such increase shall be added to the contractual minimum scales set forth in paragraphs (a) and (b) above.

 

 

(5)      From the applicable scales and the total amount of the available increases set forth in paragraphs (d) (4) through (d) (6) above, the Union may, upon not less than thirty days' notice to the Publisher, divert from said amounts additional Publisher contributions to the Washington Post Pension Plan for Craft Union Employees Pension and/or to the Tax Deferred Savings Plan, with the amount of such diversions designated on a classification basis (e.g., Mailers, Helpers, Utility Mailers).

 

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(e)        Upon four weeks' notice to the Union and in the Publisher's discretion, the salaries of employees may be paid biweekly Via direct payroll check deposit arrangements. The Post agrees to meet and confer with the Union concerning the transition to a biweekly, direct deposit payroll.

 

(e)      During the term of this Agreement, the Publisher shall have the right in his or her discretion to develop and implement a Senior Utility Mailer Program, designed to train and develop the operational expertise and skills of interested and qualified Utility Mailers. Employees who apply for and are selected for participation in the Program as Senior Utility Mailers shall be paid not less than $ 14.50/hour. The selection criteria (e.g., skills or other testing), the selection of employees for training as Senior Utility Mailers, and the number of Senior Utility Mailer positions shall rest in the Publisher's sole discretion.

 

(f)      The salaries of employees may be paid bi-weekly via direct payroll check deposit arrangements.

Sidenote: (f) was apart of (e) resulting in an extra subsection, (i).

 

(g)      During the term of this Agreement, the Publisher shall have the sole right to establish and to offer retirement and/or separation cash incentives, based on such terms, amounts and methods of payment as may be determined in the Publisher's sole discretion, to employees covered by this Agreement to secure their voluntary agreement either (1) to resign or retire from employment by the Publisher; or (2) to transfer permanently from full-time status to part-time status; or (3) to transfer to another department at The Post. The amount and conditions of such incentive programs buyouts shall be at the Publisher's sole discretion except that no employee may be required to accept such offer.

 

(h)     Notwithstanding some employees may in the Publisher's discretion receive compensation above the scale, no employee has a right to demand more wages than the Agreement requires no matter in what capacity he or she may be employed.

(i)      The hourly shift differential for the Afternoon Shift shall be twenty cents per hour above the day hourly rate. The hourly shift differential for the Night Shift shall be 35 cents per hour above the day hourly rate.

 

SECTION 20 - SHIFT RATES

 

The day rate shall be paid on all shifts beginning and ending between the hours of 5:00 A.M. and noon 7:00 AM and 6:00 PM. The afternoon shift rate shall be paid on all shifts beginning between 12:01 P.M. and 6:59 P.M. The night shift rate shall be paid on all shifts beginning and ending between the hours of 7:00 P.M. and 4:59 A.M. 6:00 PM. and 7:00 AM. Shifts beginning prior to 6:00 PM and ending after 6:00 PM shall be paid at the night rate.

 

 

SECTION 21 - FULL SHIFT

 

In no case shall an employee who is hired and who is available for work at the designated starting time be employed for less than a full scheduled shift,

 

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except when discharged for cause or when excused at the employee's own request or by mutual agreement among the employee, the Chairman and the Publisher a foreman. Neither the Chairman nor the Publisher  foreman will unreasonably withhold his/her agreement to the employee's request to work for less than a full scheduled shift.

 

SECTION 22 - OVERTIME

 

(a)      Any employee hired prior to May 1998 and required by the Publisher to work in excess of thirty-five hours per week exclusive of overtime, shall be paid at the overtime rate for such work in excess of thirty-five hours in any one week. Any employee hired after May 1998 and required by the Publisher to work in excess of thirty- five hours per week shall be paid at the straight-time rate for up to 40 hours worked in anyone week, and at the overtime rate for such work in excess of forty hours in anyone week. Overtime shall be paid for at the rate of one and one-half times the regular hourly rate, computed in quarter-hour fractions if any portion of such quarter-hour is worked; provided, that in computing overtime for a week in which a holiday falls, the number of hours worked on such holiday shall be counted at not less than seven hours; provided, further, a situation holder who is scheduled to work on a holiday, but not required by the Publisher to report and therefore paid a shift's pay in accordance with the provisions of Section 17 (b), shall be considered to have worked a shift for the purpose of this Section. All work in excess of the number of hours posted in accordance with Section 16 hereof as the shift shall be classed as overtime, whether such work is performed before or after the regular time for beginning or ending the shift.

 

 

(b)      Nothing contained in this Section or in any other Section of this Agreement shall require the Publisher to compensate any employee more than once for any overtime.

 

SECTION 23 - SUBSTITUTES AND TEMPORARY EMPLOYEES

 

(a)      The Publisher shall, in his or her discretion, determine the number of substitutes to meet minimum production requirements. When the Publisher decides to hire additional substitutes, the Union shall be notified in order that it may refer applicants to the Post for all open bargaining unit positions in addition to any other applicants to be considered for employment. The determination of which applicants to hire from whatever source, however, shall rest solely in the Publisher's discretion.

 

(b)      Substitutes hired by the Publisher will be covered by all terms and conditions of the contract, and they will be paid in accordance with the contract.

 

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(c)      The Publisher shall have the right, in his or her discretion, to hire temporary employees to meet production requirements during peak production periods for up to five months, and to determine whether to rehire any temporary employee. Temporary employees shall be classified as utility mailers and shall be subject to all the provisions of this Agreement, except that a temporary employee will not accrue priority rights for scheduling. However, the priority date of any rehired temporary employee shall be his or her date of rehire; if more than one temporary is rehired on the same date, the priority order shall be determined by the date he or she was hired as a temporary or, to break a tie, by lottery conducted by the Publisher and attended by the Chapel Chairman.

 

(d)              It is understood and agreed that, effective January 1, 2000, utility mailers substitutes may be offered work consisting of scheduled for less than a full shift, but not less than four hours per day; provided, however, that the Publisher will schedule such partial shifts only in the inserting operations and night operations and will not schedule a substitute utility mailer to work consecutive partial shifts in the same work center. During the term of this Agreement, the number of partial shifts shall not exceed 15% the following percentage of the number of shifts scheduled for regular Mailer situation-holders.

Year 2000 - 10%

Year 2001 - 12%

Year 2002 - 15%

 

 

Such partial-shift employees shall be subject to the provisions of this Agreement, will receive at least two relief breaks during the partial shift, and will receive, on a pro rata basis (using the employee's actual schedule or the number of hours worked), the benefits provided in Sections 17, 25, 26, 27, 28, 29, 30, 32 and 33 and 34 of this Agreement.

 

SECTION 24 - INJURED EMPLOYEES

 

Before leaving the plant on the shift during which an injury occurs, injured employees in the mailrooms shall report injuries, no matter how slight, in writing to the plant Nurse's Office who shall record such injuries as appropriate. Such report shall give the date of injury, manner in which it occurred, and nature and apparent degree of injury.

 

SECTION 25 - VACATIONS

 

1.       Vacation credits shall be earned and vacations shall be taken in accordance with the following:

 

(a)      All employees covered by this Agreement shall earn vacation from the  Publisher according to the following schedule with respect to their continuity of employment as of May 1 of any year during which this contract is in effect: (a)          Employees with more than twenty-five years of continuous service as of May 1 of any year during the life of this Agreement shall be allowed and shall take during the next succeeding 12 months a vacation of five weeks with pay for 25 days, provided the employee has worked at least 200 shifts in the 12 months preceding such -30- May 1. Employees with four or more years of continuous service as of May 1 of any year during the life of this Agreement, shall be allowed and shall take during the next succeeding 12 months a vacation of four weeks with pay for 20 days, provided the employee has worked at least 200 shifts in the 12 months preceding such May 1. Employees with less than four years of continuous service prior to May 1, shall be allowed and shall take during the next succeeding 12 month period a vacation of three weeks with pay for 15 days, provided the employee has worked at least 200 shifts in the 12 months preceding such May 1.

 

 

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(1)      25 years continuous service by the Publisher: Seven (7) hours vacation for each 65.8 hours paid (or major fraction thereof), up to a maximum of 175 hours. (b) Employees with more than twenty-five years of continuous service who do not qualify for the full 25 days of vacation because they have not fulfilled the 200 shift requirement shall earn vacation on the basis of one day for each 9.4 shifts, or major fraction thereof, worked, to a maximum of 25 days.

 

(2)      4 years or more continuous service by the Publisher: Seven (7) hours vacation for each 84.00 hours paid (or major fraction thereof), up to a maximum of 140 hours. (b) . . . Employees with more than four years of continuous service who do not qualify for the full 20 days of vacation because they have not fulfilled the 200 shift requirement shall earn vacation on the basis of one day for each 12 shifts, or one major fraction thereof, worked, to a maximum of 20 days.

 

(3)      Less than 4 years continuous service by the Publisher:

Seven (7) hours vacation for each 112.00 hours paid (or major fraction thereof), up to a maximum of 105 hours. (b) . . . Employees with less than four years of continuous service who do not qualify for the full 15 days of vacation because they have not fulfilled the 200 shift requirement shall earn vacation on the basis of one day for each 16 shifts, or major fraction thereof, worked, to a maximum of 15 days.

 

For purposes of this Section, "shifts worked" shall include paid vacation shifts, paid but unworked holidays, paid jury duty shifts, paid compassionate leave shifts, and paid sick days.

 

(b)      (c) Continuous service referred to in paragraph (a) and (b) above, shall be construed as continuous service in the mailrooms of The Post.

 

2.       (d) Rate of pay shall be the straight-time wages and night differential, if applicable, fixed by the Publisher during the week last worked for situation holders, or the day last worked by a substitute during the latest payroll week worked prior to taking vacation.

 

3.                 (e) The Publisher will schedule vacations to conform to operating requirements of the mailroom. Employees shall be allowed choice of scheduled vacation periods according to their priority. It shall be the responsibility of the Publisher to make certain that vacations are taken. Situation holders must take their vacation; they will not be paid for any vacation not taken, nor may they carry vacations from one vacation year to the next vacation year; provided, however, if said vacation can not be taken by May 1 of any year, due to illness or disability or jury duty or compassionate leave, the Publisher shall reschedule the vacation or the vacation will be paid off at the discretion of the Publisher. Vacations shall be taken in segments of not less than one week at a time, except that during each vacation year each employee with 140 hours 20 days or more vacation may take up to 70 hours ten days a shift day at a time, at a time agreeable to the Publisher; an employee who has accrued less than 140 hours 20 days will take 70 hours 10 days in segments of not less than one week, and the remaining days may be taken as a segment, or a day shift at a time, but if taken a day shift at a time, it must be with the prior express approval of the Publisher. Substitutes will be paid their accrued vacation, as soon as practicable after May 1 of each year; provided, a situation holder who reverts to substitute status must take the vacation earned as a situation holder, or lose those credits, as described above (the employee will be paid for only those vacation credits earned while working as a substitute).

 

4.                 (f) By mutual agreement such vacation periods may be divided.

 

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5.       (g) The Publisher may hire a substitute to replace employees on vacation in his or her discretion.

 

6.       (h) Any employee who terminates employment, voluntarily or otherwise, shall be entitled to and shall be paid accrued vacation to the date of termination on the basis outlined in this Section.

 

7.       (i) Vacation pay shall be paid the employee not later than the day preceding the day beginning vacation, provided the employee has requested advance vacation pay through the Scheduling Office. (j) In the case of the death of an employee, the unused portion of the vacation, if any, accrued to the date of death shall be paid upon request to the legal representative of such deceased employee upon presentation of legal proof of death and of the qualification of such representative.

 

SECTION 26 - WORKERS' COMPENSATION

 

(a)        The Publisher agrees that an employee covered by this Agreement who is receiving a Workers' Compensation payment in lieu of wages shall receive no less than $100.00 (prorated if less than a week) for a maximum of 26 weeks.

 

(b)        Any payment made by the Publisher under paragraph (a) that is in addition to the legally established Workers' Compensation Payment in lieu of wages shall be considered advance compensation and shall be credited against any future compensation award which may become due. The Publisher may make arrangements to deduct this amount prior to the payment of such future compensation award.

 

(c)        An absent employee receiving Workers' Compensation shall not be replaced by a substitute except at the option of the Publisher.

 

 

SECTION 26 - JURY DUTY

 

Any situation holder or substitute required to be absent from his or her employment due to a call for jury duty shall be paid his or her regular wage minus any pay received as such juror for such time as he or she is required to be absent and such absence shall be supported by a statement signed by the Clerk of the Court certifying as to each day of jury duty. Such employees need not be replaced except at the option of the Publisher.

 

SECTION 27 - COMPASSIONATE LEAVE

 

When a situation holder or substitute covered by this Agreement has a death in the immediate family (defined as parents, spouse, children, and sisters and brothers, and mother and father of spouse) the employee shall upon request be granted a leave of absence for the purpose of attending the funeral, and shall receive their scheduled work days off with pay that occur within either the three calendar days immediately following the death of the family member or within a three-day period that includes the day of the funeral, provided the employee attends the funeral.

 

SECTION 28 - SICK LEAVE

 

(a)      Situation holders and substitutes with more than 90 days of employment by the Publisher shall accrue sick leave at the rate of one day for each thirty-eight straight time shifts worked (or straight-time shifts not worked but fully paid by the Publisher). seven hours of sick leave for each 266 straight-time hours paid by the Publisher, up to a maximum of 47.9 hours of sick leave per year. An employee may use his or her sick leave for any purpose, at his or her option, except that when an employee is absent for a claimed illness and no straight-time substitute is available, or a kill is not available, kill is available through the Hire Office when the employee calls, the employee may choose to be charged one accrued sick day for each such day of absence, to the extent such days may be available, or to be considered unexcused. shall be charged accrued sick leave hours equal to their scheduled shifts for each such day of absence, to the extent such

 

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hours may be available. In order to determine whether an employee is entitled to an excused but unpaid absence for sickness under this Section and Section 15(b), The Post may, in its discretion, require an employee to submit a certificate of a reputable physician or may have him or her examined by a reputable physician of its own selection on company time.

 

(b)      This sick leave shall be accumulative and any employee who terminates his or her employment voluntarily or otherwise shall be entitled to and shall be paid his or her sick leave pay to date of termination.

 

(c)      In the case of death of an employee, the unused portion of sick leave, if any, accrued to date of death, shall be paid upon request to the legal representative of such deceased employee upon presentation of legal proof of death and the qualification of such representative.

 

SECTION 29 - HEALTH AND WELFARE

 

(a)      Employees covered by this Agreement are eligible to enroll in The Post's Flexible Multi-Option Benefits Plan (including Health, Dental, Prescription Drugs, A & S and Life Insurance options). A summary of the current benefits and premium costs for the Flexible Multi-Option Benefits Plan ("Plan") and Long Term Disability insurance is set forth in Appendix G. The Publisher reserves the right to terminate the coverage of any employee who fails to contribute the employee's portion of the premium as of the first day of the month following the month in which the employee failed to make such contribution. Administration of the Flexible Multi-Option Benefits Plan, including selection of the administrator and any insurers, shall reside solely in The Post's discretion and shall not be subject to arbitration or bargaining.

 

(b)      Effective as of July 1, 1998, The Post will offer to employees covered by this Agreement the following additional Group Insurance options under the Flexible Multi-Option Benefits Plan:

 

(1)      A & S Insurance - effective with the 2011 plan year, an additional option of $500 $400 per week (for full-time employees earning more than $670/week) in the level of Accident and Insurance (A & S) coverage on an employee paid basis.

 

(2)      Long Term Disability - Long Term Disability (LTD) insurance on an employee paid basis.

 

(c)      For the 2010 and 2011 plan years Beginning July 1, 1998 and for the term of this Agreement,, the Publisher shall contribute 70 percent of the premium costs for health insurance coverage, i.e., medical, dental and prescription drugs, on behalf of eligible employees who choose to participate in the Flexible Multi-Option Benefits Plan, and the participating employee shall be required to

 

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contribute 30 percent of the premium costs for such health insurance coverage by payroll deductions; provided that, in subsequent plan years, the Publisher may in his or her discretion increase the employee share of the premiums to the employee premium share paid by other craft union employees as long as that share is also paid by the majority of the exempt or managerial employees. In addition, The Publisher shall have the right to require employees enrolled in the Aetna Health Fund to pay more than their designated share of premium costs, or to pay penalties or surcharges, in connection with a behavioral incentive health program, so long as this program is implemented at the same time and in the same manner as for exempt and managerial employees, and for employees covered by the collective bargaining agreement between the Publisher and the Washington-Baltimore Newspaper Guild, and such changes shall not be subject to arbitration or bargaining. Eligible employees shall continue to pay the full premium cost of life insurance, A & S and L TD coverages. For eligible employees who elect to waive medical coverage, the Publisher will contribute up to $10 per week towards the cost of other insurance coverages that the employee elects for the employee or the employee's eligible dependents under the Plan, including dental, life, A & S and LTD.

 

(d)      Substitutes and part-time employees covered by this Agreement who have worked an average of 13 shifts per month in the previous six months calendar quarter shall be eligible to elect to participate in the Flexible Multi-Option Benefits Plan (except for Long-Term Disability and the $400 per week A & S options) for the next six-month period calendar quarter. For those substitutes and part-time employees who are eligible and who enroll for coverage, the Publisher shall contribute the same percentage amount of the premium costs as for full-time employees, and the employee shall pay the balance of the premium costs by payroll deductions.

 

(e)      The Publisher shall have the right, in his or her discretion, to make changes in the benefits offered under the Flexible Multi-Option Benefits Plan, including changes in coverages, deductibles and co-payments, at the same time and in the same manner as for exempt and managerial employees, and such changes shall not be subject to arbitration or bargaining. However, before any substantial change is made by the Publisher in the benefits described in this Section, The Post will meet and confer with the Union, at the Union's request, as to such changes. In addition, the parties may establish a Joint Committee to examine questions concerning health care benefits and insurance costs and to make recommendations to the Publisher, which shall not be subject to the grievance and arbitration procedures of Section 5.

 

(f)       Employees covered by this Agreement will remain eligible to be covered

under The Post's Pre-Medicare Health Plan, or any successor plan, for retirees ages 55 to 65. Administration of the Plan shall reside solely in The Post's discretion. This is substantially the same health plan available to exempt and

 

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managerial employees of The Post and is subject to the same eligibility, plan amendment, termination, and other provisions. Retirees between the ages of 55 and 65 with ten or more years of service are eligible to enroll in this plan. The purpose of this plan is to provide medical coverage for retirees and eligible dependents up to age 65. Employees enrolling in this plan will be responsible for paying the full premium for coverage, together with any increase in premium. Each employee's share of the monthly cost is currently $248.31 for individual coverage and $496.62 for family coverage. Premiums are adjusted annually, based on the claims experience of the entire group of retirees covered by the plan. This plan will be subject to change or termination only at the same time and in the same manner as for exempt and

managerial employees, and such changes or termination shall not be subject to arbitration or bargaining.

 

(g)      Effective as of July 1, 1998, employees covered by this Agreement will be eligible to be covered under The Post's Catastrophic Medical Expense Plan (the "Catastrophic Plan"), or any successor plan, if any, subject to the eligibility, premium payment, plan amendment and termination, and other provisions of the Catastrophic Plan. Administration of the Plan shall reside solely in The Post's discretion. To be eligible, an employee who wishes, after July 1, 1998, to enroll in the Catastrophic Plan (1) must be retired and at least age 65, and (2) must have retired from The Post at age 55 or more with at least 10 years of vesting service with The Post. The retiree will be responsible for paying the full premium for coverage, together with any increase in premium. The current premiums (which will be reviewed on January 1 of each year), are $35.16 per month for retiree coverage and $70.32 per month for retiree and spouse.  Premiums are adjusted annually, based on the claims experience of the entire group of retirees covered by the plan. This plan will be subject to change or termination only at the same time and in the same manner as for exempt and managerial employees, and such changes or termination shall not be subject to arbitration or bargaining.

 

(h)              If an employee is absent from work for a period of six months or more, then the Publisher shall not be required to make the Publisher's percentage contribution on behalf of such employee under this Section, after such six-month period.

 

(i)       The remaining assets of the Publishers-Mailers Benefit Fund shall be used for the following purposes: (1) payment of claims incurred by the Fund prior to the date of the implementation of The Post's Multi-Option Benefits Plan; (2) partial payment of health insurance premiums for Mailers enrolled under The Post's Multi-Option Benefits Plan; (3) payment of any continuing administrative expenses incurred by the Fund; and (4) in the discretion of the Fund's Trustees, to provide for a portion of the health benefits of retirees en- I rolled in the Fund's health plan as of the enrollment of employees I covered by this Agreement in The Post's Multi-Option Benefits Plan. The use of any Publishers-Mailers Welfare Fund assets to pay for all or part of the cost to Mailers of The Post's Multi-Option Benefits Plan will be at the rate of $6.25 per Mailer covered by this Section or at such higher weekly rate as the parties may subsequently agree. Upon exhaustion of the Fund's assets through the procedures described above, the Trustees shall terminate the Fund in accordance with the terms of the Trust Agreement

 

(j)         On July 1, 1998, the date of conversion to the 70/30 cost-sharing arrangement described in paragraph (c) above, the Publisher shall make one-time lump-sum payments to individual Helpers to offset the additional weekly cost, if any, that each Helper would otherwise pay for health insurance for a period of eighteen months after conversion to the 70/30 cost-sharing arrangement, based on each Helper's plan elections as of March 1, 1998. 

 

SECTION 30 31 - UNION SECURITY

 

(a)      All present employees of the Employer, and those who in the future enter the bargaining unit, shall as provided for in the first proviso to Section 8(a)(3) of the National Labor Relations Act, as amended, become members of the Union by the thirtieth day following the beginning of their employment, or by the thirtieth day following the effective date of this agreement, whichever is later, and continue to remain members of the Union as a term and condition of employment, or shall meet the financial requirements of membership as provided for in the second proviso to Section 8(a) (3) and subject to the limitation on those requirements applicable to such employees as make proper

 

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objections to the Union as provided for in the NLRA duty of fair representation covering the Union.

 

(b)      Any employee who fails to meet his/her financial obligations as outlined in Section 30(a) above, shall be discharged by the Publisher; provided, however, the Publisher shall not be obligated to discharge an employee unless: (1) the Publisher has received from the Union a written notice of the employee's failure to pay or tender such initiation fees or dues and (2) such discharge may be made lawfully.

 

(c)      The provisions of this Section shall not apply to employees in areas where prohibited by law.

 

(d)      Notwithstanding anything to the contrary herein the Union reserves the right in accordance with its laws to determine who is eligible for Union membership.

 

SECTION 31 32 - DUES CHECK OFF

 

(a)      For purposes of implementing the Union Security provision in Section 30 for the term of this Agreement, any employee covered by this Agreement or any part-time employee covered by this Agreement, may voluntarily file with The Post a written authorization and direction to deduct from his or her salary his or her periodic current Union dues, as certified to The Post by the Union from time to time, and such authorization may be revoked by him or her at any time in connection with his resignation from union membership. only in the manner provided in the form set forth in paragraph (d) of this Section, or in the manner provided by law. The Post agrees to notify the Union within ten days of the receipt of any such notice of revocation.

 

(b)      The Union will file with The Post, whenever there is a change in the dues, a schedule certified by its Treasurer showing the amount of periodic dues payable during the last succeeding month by employees.

 

(c)      For purposes of implementing the Union Security provision in Section 30 31 for the term of this Agreement, The Post will make deductions from the salaries of employees in accordance with said authorization and schedules filed hereunder by the employee and the Union, but it assumes no responsibility either to the employee or the Union in the event that, through inadvertence or error, it shall fail to do so in any instance; provided that the Union agrees to indemnify The Post for any claims made in connection with dues collected consistent with the Union's schedule or in connection with dues-related information provided by the union to unit employees request. All sums so deducted shall be remitted by The Post as promptly as possible to the Union.

 

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(d)              Authorizations filed hereunder shall be in the following form:

 

(Date of Authorization)

 

For purposes of implementing the Union Security provision in

Section 31 for the term of this Agreement, I hereby authorize and direct The Washington Post to deduct from my salary or other earnings standing to my

credit on its books at the end of the first full payroll period week of each calendar month following the date of this authorization, the amount of periodic current dues payable by me to the Union during such calendar month according to the certified schedule filed by the Union with The Post.

 

I further authorize and direct The Washington Post to remit all sums so deducted to the Washington Mailers' Union No. 29.

 

This assignment and authorization shall remain in effect until revoked by me in connection with my resignation from union membership but shall be irrevocable for a period of one year from the date appearing above, or until the expiration of the Collective Bargaining Agreement between The Washington Post yourself and the Union, whichever occurs sooner. I further understand that I can revoke this assignment and authorization at any time in connection with my resignation from union membership. I further agree and direct that this assignment and authorization shall be continued automatically and shall be irrevocable for successive periods of one year each or for the period of each succeeding applicable Collective Bargaining Agreement between yourselves and the Union, whichever period shall be shorter, unless written notice of its revocation is given by me to yourself not more than thirty days and not less than fifteen days prior to the expiration of each period of one year, or of each applicable Collective Bargaining Agreement between yourselves and the Union, whichever occurs sooner.

 

Such notice of revocation shall become effective for the calendar month following the calendar month in which you receive it.

 

I agree to save The Washington Post harmless against any and all claims and liability for or on account of the deductions made from my salary or other earnings and remitted to the Washington Mailers' Union No. 29 pursuant to the terms of this authorization.

 

____________________________________

Signature of Employee

 

 

 

____________________________________

Signature of Witness

 

 

(e)      Subsections (a), (b) and (c) above shall be effective only in the event that at least 80% of the employees in the bargaining unit sign and forward to The Post the authorization forms set forth in Subsection (d) within ninety days after the signing of this Agreement.

 

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SECTION 32 33 - PENSION

 

(a)      The Publisher agrees to participate in the CWA/ITU Negotiated Pension Plan ("NPP") on behalf of the employees covered by this Agreement. Such participation will take place under the conditions provided for in the appropriate Trust Agreements and under the conditions outlined in Subsections (b) through (f) (b), (c) and (d) of this Section.

 

(b)      The Publisher will pay to the NPP Fund $17.00 per seven hour straight-time shift or $2.4286 per straight-time hour $10.50 per shift  (not more than $85.00 $52.50 per week) for any shift for which a Mailer receives compensation with the exception of payments made for non-occupational sickness and accident and payments made under Workers' Compensation, and such amount shall not be increased due to wage diversions during the term of this Agreement. Payments shall be made monthly in the manner and form to be determined by the Trustees.

 

(c)      The Publisher will pay to the NPP Fund $10.00 per seven hour straight-time shift or $1.4286 per straight-time hour $4.00 per shift (not more than $50.00 $20.00 per week) for any shift for which a Mailroom Helper receives compensation with the exception of payments made for non-occupational sickness and accident and payments made under Workers' Compensation, and such amount shall not be increased due to wage diversions during the term of this Agreement. Payments shall be made monthly in the manner and form to be determined by the Trustees.

 

(d)      The Publisher will pay to the NPP $1.00 per seven hour straight-time shift or $0.1429 per straight-time hour (not more than $5.00 per week) for any shift for which a Utility Mailer receives compensation with the exception of A & S and Workers' Compensation payments, and such amount shall not be further increased due to wage diversions during the term of this Agreement. Effective January 29, 2006, the Publisher reallocated the contribution level to the NPP for Utility Mailers from $2.2143/ straight-time hour to $0.1429/straight-time hour, and the Publisher reallocated the remaining amount to base wages as set forth in Section 19(c) and to the Tax Deferred Savings Plan as follows:

 

(1)      For Utility Mailers eligible to participate in the Tax Deferred Savings Plan, $0.9286 for every straight-time hour paid to the employee is being automatically deferred to the employee's Savings Plan account on a tax-deferred and fully-vested basis. The Publisher agrees to make a matching contribution to Utility Mailers' Savings Plan accounts of one percent of their base wages.

 

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(2)     For Utility Mailers not yet eligible to participate in the Tax Deferred Savings Plan, $0.9286 is being added to the straight-time hourly rate of each such employee until such time as the employee becomes eligible to participate in the Savings Plan. When such employees become eligible to participate in the Savings Plan, the employee's straight-time hourly rate is decreased by $0.9286/hour, and $0.9286/hour is automatically deferred to the employee's Tax-Deferred Savings Plan account on a tax-deferred and fully-vested basis; effective when such employee begins participating in the Savings Plan, the Publisher shall begin making a company matching contribution of one percent of base wages to the Utility Mailer's Savings Plan account.

 

 (e)     Notwithstanding the foregoing, the Publisher may withdraw as a contributing employer under the NPP in the event that the Publisher and its actuaries determine that such withdrawal is prudent (e.g., because of possible risk of benefit reductions for covered employees or possible risk to The Post associated with continued participation in the NPP). In the event that the Publisher decides to withdraw, the Publisher will notify the Union of its decision to withdraw and the effective date of such withdrawal, and such decision shall not be subject to bargaining or arbitration. The Publisher will then meet and confer with the Union within 10 working days from the date of such notice to discuss the reallocation of the contributions set forth in subparagraphs (b), (c) and (d) above to one or more of the following three options: (1) to base wages of employees on the payroll; (2) to each employee's Tax-Deferred Savings Plan account at The Post on a tax-deferred basis (to the extent allowed by law); or (3) to improve the pension unit under The Washington Post Pension Plan for Mailer and Utility Mailer Employees and The Washington Post Pension Plan for Mailroom Helper Employees. If no agreement is reached at this meeting as to the appropriate reallocation, the Union shall notify The Post in writing, within fifteen working days from the date of the meeting, as to how the Union elects to reallocate the NPP contributions, by job classification, among the three options set forth above, and The Post will proceed to implement such election effective the date of The Post's withdrawal from the NPP.

 

(f)       (d) The Publisher shall have no financial liability hereinunder beyond the payments required to be made as above stated, and the payments shall at all times be contingent upon the CWA/ITU Negotiated Pension Plan being qualified under the Internal Revenue Service Regulations applicable to qualified pension

plans.

 

(g)      (e) Effective January 1, 1976, The Washington Post Pension Plan for Mailer Employees was established. Mailers in the bargaining unit represented by the Union on the payroll as of January 1, 1976, and bargaining unit employees

 

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hired on or after this date, including Utility Mailers, shall be entitled to the benefits of said Plan in accordance with the eligibility requirements, terms and conditions set forth in said Pension Plan. The normal retirement benefit unit

provided under the Plan is $20.33 per month for each year of service (after said Plan went into effect). In the event that the Union elects to divert from wages to increase the benefit unit under the Post Plan during the term of this Agreement, each $l/week diversion from wage scales (up to a maximum of $15/week) will increase the monthly benefit unit for Mailers, on a future service basis, by $1.30; each $l/week diversion from wage scales will increase the monthly benefit unit for Utility Mailers, on a future service basis, by $1.89.

 

(h)     (f) Effective January 1, 1976, The Washington Post Pension Plan for Mailroom Helper Employees was established. Mailroom Helpers in the bargaining unit represented by the Union on the payroll as of January 1, 1976, and bargaining unit employees hired on or after this date, shall be entitled to the benefits of said Plan in accordance with the eligibility requirements, terms and conditions set forth in said Pension Plan. The normal retirement benefit unit provided under the Plan is $24.58 per month for each year of service (after said Plan went into effect). In the event that the Union elects to divert from wages to increase the benefit unit under the Post Plan during the term of this Agreement, each $l/week diversion from wage scales (up to a maximum of $ 15/week) will increase the monthly benefit unit for Helpers, on a future service basis, by $1.30.

 

(i)       (g) The Washington Post Pension Plan for Mailer and Utility Mailer Employees and The Washington Post Pension Plan for Mailroom Helper Employees may be amended by the Publisher consistent with the terms of the plan and applicable law, without bargaining or arbitration with the Union, provided that any such amendment will have no effect on the accrued or vested benefits or future benefit accruals of covered employees. For administrative convenience and in accordance with applicable law, The Post, in its sole discretion, may combine the Washington Post Pension Plan for Mailer Employees and The Washington Post Pension Plan for Mailroom Helper Employees with other craft union pension plans that it maintains for Post employees, including, but not limited to, The Retirement Plan for Washington Post Companies, it being understood and agreed that this will have no effect on the currently vested or the future vested benefits of any Mailroom employee, or the future cost of benefit increases by payroll diversion.

 

SECTION 33 - TAX-DEFERRED SAVINGS PLAN

 

(a) Effective July 1, 1988, The Post established a Tax Deferral and Savings Plan.

 

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(b)      Administration of the Plan shall reside solely with The Post. The Plan is expected to continue indefinitely. In the event that future conditions, unanticipated and unforeseen, require termination of the Plan, The Post may do so, but not unless and until The Post terminates the existing Tax Deferral and Savings Plan for Exempt Employees or a successor plan to that one, and any other Tax Deferral and Savings Plan(s) subsequently negotiated for any  group of employees of The Post.

 

(c)      The Union may, upon not less than thirty days' notice to the Publisher, buy a company matching contribution (by diversion from the wage scales), in increments of one-half percent, but with a minimum company matching contribution of one percent, from the current zero percent company matching contribution for Mailers and the current four percent company matching contribution for Mailroom Helpers, to a maximum company contribution of up to four-and-one-half percent. If the Union elects to buy an increase in the company matching contribution, such increased contribution shall begin effective with the next payroll period following such election. The weekly cost for such increase(s), if any, in company matching contributions shall be $6.00 for Mailers, $5.00 for Mailroom Helpers and $2.50 for Utility Mailers for each one-half percent increase. If the Plan is subsequently terminated any time after the signing of this Agreement, the Mailer and/or Mailroom Helper scales shall be increased by such amounts, if any, diverted from the wage scales to buy a company matching contribution. Such increases in the Mailer and/or Mailroom Helper scales shall become effective with the payroll period next following the date of termination of the Plan.

 

(d)      The Publisher will continue to pay the administrative fees of the Plan. The investment management fees of the Plan shall be paid by the Plan's participants and not by The Post. Once established The Plan may be amended consistent with the terms of the Plan and applicable law for the sole purpose of complying with governmental directives. The Publisher shall have the right to make plan design changes, changes in investment managers, changes to require automatic enrollment with an opt-out, and changes in investment options, and such changes shall not be subject to arbitration or bargaining.

 

SECTION 34 35 - LABOR-MANAGEMENT COMMITTEE

 

A Joint Labor-Management Committee shall be established which will make joint recommendations to The Post on the selection of employees for training or training procedures, temporary changes in work schedules or plant assignments, and any other temporary changes reasonably necessary in connection with the closing or substantial relocation of The Post's printing and production facilities in the Northwest and Southeast plants and with the opening or expansion of its facilities in College Park and Springfield; and on any other matters of mutual interest or concern. The committee shall meet at the call of either party or when new technology, new processes or new methods become substitutes for work processes currently performed by bargaining unit employees to review such changes and related training opportunities. The Post

 

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and the Union shall appoint an equal number (not less than three, nor more than six) of representatives to the committee. Any disagreements arising among and between members of the committee, any rejection of recommendations by the committee, or any dispute, except one regarding discrimination in training or selection for training under Section 35 36, shall not be subject to the grievance procedures set forth in Section 5, nor shall the committee have the right to receive or adjudicate any grievance; however this Section shall have no effect on matters that are grievable and arbitrable under Section 5.

 

SECTION 35 - EQUAL OPPORTUNITY

 

There shall be no discrimination against any person because of national origin, race, gender, age, disability, marital status, political or religious affiliation, or union activities.

 

SECTION 36 - HEALTH AND SAFETY

 

(a)      The Post and the Union shall meet and confer at the request of either on any matter relating to the health and safety of employees covered by this Agreement.

 

(b)      It is recognized that safety and safe working practices are the responsibility of the Publisher and all employees covered by this Agreement.

 

(c)      Grievances under this section that cannot be resolved within ten working days shall be referred to the Joint Standing Committee.

 

(d)      In connection with safety and security concerns, including the need to investigate or protect against theft, violence, or destruction of property, the Publisher shall have the right to install surveillance cameras or other monitoring equipment in its plants, without arbitration or bargaining with the Union, provided that such equipment shall not be installed in restrooms or locker room areas where employees change clothes. Before implementing such surveillance equipment, The Post will offer to meet and confer with the Union on a confidential basis, but shall not be required to disclose the locations of any surveillance cameras. The Union agrees not to publicize or otherwise disclose confidential information concerning such surveillance or the location of surveillance cameras. Images or other information collected through such surveillance cameras will not be used to assess or evaluate employees' performance of their job functions.

 

SECTION 37 - NON-PARTY STATUS

 

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The Printing, Publishing, and Media Workers Sector of the Communications Workers of America is not a party hereto and it is agreed that approval of this Agreement by the Printing, Publishing, and Media Workers Sector of the Communications Workers of America does not make it a party.

 

SECTION 38 - FULLY BARGAINED

 

The parties hereto agree that they have fully bargained with respect to wages, hours, and other terms and conditions of employment and have settled the same for the term of this Agreement in accordance with the terms hereof. The Union further acknowledges that it has fully bargained, and waives its right to further bargaining, concerning the effects of The Post's closing of its Mailrooms in the District of Columbia and its relocation of Mailroom operations to The Post's Virginia and Maryland plants on Mailroom employees.

 

 

IN WITNESS WHEREOF the parties hereto have set their hands and seals this

ญญญญ_____day of _________, 2010.

THE WASHINGTON POST                           WASHINGTON MAILERS UNION NO. 29

______________________________                   __________________________________

 

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MEMORANDUM OF AGREEMENT

 

between

 

THE WASHINGTON POST

 

and

 

WASHINGTON MAILERS' UNION NO. 29

 

This Memorandum of Agreement, by and between The Washington Post, hereinafter referred to as "the Publisher" or "the Office" and Washington Mailers' Union No. 29, shall be attached to and become a part of that certain collective bargaining agreement between the parties dated [DATE] to and including [DATE]. This Agreement is in consideration of the deletion of the "Manning Letter" and the agreement that the Office shall have the right to determine the number of employees to be assigned to any work station, work operation, or any equipment (current, modified, or new equipment), reflected in said collective bargaining agreement.

 

The parties hereto agree as follows:

1.  Job Guarantee

          (a)      Each employee whose name appears on the list of employees which

will be known as the Job Guarantee Roster, a copy of which is attached hereto, will be entitled to the benefits set forth herein.

 

(b)      The Publisher agrees that all mailers whose names appear on the Job Guarantee Roster will be guaranteed either a full-time situation or an opportunity to work five (5) shifts per week, as set forth below, with the Publisher in accordance with the provisions of the latest collective bargaining agreement for the remainder of their working lives until their employment ceases through retirement, resignation, death or discharge for cause; provided, however, in the event the Publisher permanently ceases publication, such guarantee will thereupon cease, and provided further, in the event of an "Act of God" (an emergency over which the Publisher has no control) or a strike by or lockout of another union(s) with whom the Publisher has a collective bargaining agreement that results in a period of temporary suspension of the Publisher's mailroom operation, this Job Guarantee will be suspended for such a period of temporary suspension only; provided further, in case of a strike by Washington Mailers' Union No. 29 against the Publisher, this Job Guarantee will be suspended during the strike but will continue for those persons on the Job Guarantee Roster who return to work after the strike has ended.

 

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(c)      In the event of a sustained and substantial loss of business volume, the Publisher and the Union will meet for the purpose of discussing what appropriate action, if any, shall be taken as it relates to this Job Guarantee. If agreement cannot be reached, this matter will not be subject to the provisions of Section 5 of the Collective Bargaining Agreement.

 

(d)      In the event the Publisher merges with any other publisher or acquires or is acquired or consolidates its business in any manner or changes its operation in any manner, such change of circumstance will in no manner abrogate or alter this Job Guarantee, and the

Employer signature to this Agreement shall require any successor employer, publishing company, or enterprise to be fully bound by the terms of this Job Guarantee as if such change or successor enterprise had been an original party hereto.

 

(e)      In the event that the Union merges with any other union or consolidates its activities in any manner or changes its operation in an manner, such change of circumstance will in no manner abrogate or alter this Job Guarantee, and any successor union will be as fully bound by the terms of this Job Guarantee as if such successor union had been an original party hereto.

(f)       This Job Guarantee will not be subject to amendment or revision in future collective bargaining negotiations.

 

2.       Separation Incentives

 

(a)      The Publisher shall have the right to offer voluntary cash separation incentives, in amounts and methods of payment to be determined by the Publisher, to persons whose names are on the Job Guarantee Roster. Persons on the Roster who accept the separation incentive shall have their names deleted from the Roster and shall sign a statement that they are resigning from employment with The Post.

 

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IN WITNESS WHEREOF the parties hereto have set their hands and seals this _____day of _______, 2010.

THE WASHINGTON POST                                       WASHINGTON MAILERS UNION NO. 29

 

 

____________________________________                   _________________________________________

 

 

 

 

 

 

 

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MEMORANDUM OF AGREEMENT

between

THE WASHINGTON POST AND WASHINGTON MAILERS' UNION NO. 29

 

The Washington Post ("The Post") and CWA/Washington Mailers Union No. 29 ("Union") agree as follows in-connection with scheduling employees in the Mailroom:

1.       The Union agrees that Utility Mailers have the right to select "mixed" schedules that consist of a combination of Mailer shifts and Helper shifts, as well as schedules that consist of Mailer-only shifts or Helper-only shifts. Utility Mailers will continue to pick their schedules in priority order. The parties agree to the following procedures for assigning either full-time or part-time schedules to Utility Mailers: after bumping down the Mailer and Helper markups, The Post will review all remaining shifts that have not been picked by Mailer and Helper situation holders, and will put together workable full-time and part-time Utility Mailer schedules that meet the Publisher's operational needs. These schedules may be "mixed" schedules that consist of a combination of Mailer shifts and Helper shifts, as well as schedules that consist of Mailer-only shifts or Helper-only shifts. These schedules will be offered to Utility Mailers based on their priority, and Mailers and Helpers will not be allowed to claim all or part of any such Utility Mailer schedules. It is understood that The Post has the right to require Utility Mailers to no longer select individual shifts to create their full-time schedules, but instead to select in priority order schedules established by The Post based on operational needs.

 

2.       Effective with the first mark-ups following execution of this Agreement, The Post agrees to allow a fixed number of Helpers in each mark-up to select, in priority order, schedules that include Saturdays off, which number shall be no less than 50 percent of the total number of active Helpers then working at The Post. It is understood and agreed that, after the total number of Helpers determined as set forth above have selected schedules with Saturdays off, The Post shall have the right, as in the past, to designate the point in the Helper bump-down when Helpers must begin taking schedules that include Saturday shifts. As long as The Post has allowed at least 50%

of the total number of active Helpers to select schedules with Saturday off, The Post will not be required to offer Saturdays off to any other Helpers even if more Saturdays off become available during the bump-down (e.g., due to Helpers selecting double-headers on Saturdays). The Post will make a reasonable effort to allow more than 50 percent of Helpers to have Saturdays off, if in its discretion operations permit.

 

 

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3.       Effective with the first mark-ups following execution of this Agreement, it is understood and agreed that The Post can offer Mailers, Helpers and Utility Mailers schedules with double-headers in any or all Mailroom work centers, with Utility Mailer double-headers consisting of two Mailer shifts, two Helper shifts, or one Mailer shift and one Helper shift.

 

4.       Nothing in this Agreement affects The Post's right, as set forth in Section 13(a) of the collective bargaining agreement, to determine the number of situations in the mark-ups without challenge in arbitration.

 

5.       This Agreement is part of and incorporated into the parties' new collective bargaining agreement. This Agreement may be modified or extended only by mutual agreement of the parties in writing.

 

IN WITNESS WHEREOF the parties hereto have set their hands and seals this _______day of __________, 2010.

THE WASHINGTON POST                           WASHINGTON MAILERS UNION NO. 29

 

____________________________________          _______________________________________

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Appendix A

Lifetime Job Guarantee Roster


 


Alexander, James                    Jenkins, Clarence

Arroyo, Alfredo                        Johnson, Donald

Beasley, James                        Johnson, Joseph

Berto, Carlo                             Jones, Edward

Brown, William                        Juggins Jr., Wesley

Bugarski, Joseph                              King, Steven

Bullard, Jason                         Lee, Wallace

Carter, Harry                           Legeer, Don

Carroll, James                        Lett, Timothy

Champ, Luther                        Madison, Alan

Chillemi, Frank                       Metzker, Kenneth

Christman, George                  Moore, John

Clipper, Veronica                     Mueller, Douglas

Cohen William                         Murphy, William

Costantino, Gary                     Nagel, Thomas

Creamer, John                        Parlett, James

Crowley, Fred                          Pence, Christopher

Dagostino, Anthony                 Pilkerton, Walter

Decker, Bruce                         Pullium, Mark

Dickerson, Nancy                              Reidy, Michael

Donley, Jerry                          Rutkowski, Glenn

Eastep, Luther                         Ryan Jr., James

Falcone, Anthony                              Seidel, Glen

Farr Jr., Harry                         Shiflett, Linwood

Fiedler Jr., Joseph                  Smith, Roger

Forbes, Kevin                           Sorocinsky, Michael

Forsythe, James                      Stewart, Roger

Garner, Paul                            Still, John

Garrett, Michael                      Uhas, Steve

Geris, Michael                         Valley, Edward

Graham, John                         Vanover, Harold

Grossman, Barbara                 Vlahos, Joel

Grossman, William                  Webb, John

Hall, Brian                               Wells, Warren

Hamlett, Bobbie                     Whiteoak, Richard

Hart, Thomas                           Wingert, Terrance

Hughes, Kenneth                   Wolfe, Paul

Hunsaker, John            

Hurd, Fred

Jackson, Perry

 

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Appendix B Mailers

 

Job Roster For Mailers

Allen, Katherine                      Fogg, Danny                            Sundstrom, Robert Barnes, Alfred                             Leroux, Brian                          Sweatt, Michael Barnett, Deborah                       Calhoun, Gloria                       Woodfork, Mark

Brown, Kenneth                      Reid, Joe

Donnelly, Paul                         Samha, Muhiddin

 


Appendix C Helpers

Job Roster For Helpers

Adigun, Adebayo                     Devane, William                       Morris, Michael

Alicardi, Thomas                      Donohue-Rick, James             Mullins, Michael

Amos, Robert                           Gandomessi, Mesmer              Mutyambizi, Emest Berrian, Carolyn                          Graham, Susan                       Patch, Harry

Bolden, Ronald                        Haarhoff, Donna                      Paukstitus, Stephen Bonds, Valerie                           Hampton, Kimberly                 Pedone, Thomas Bone, William                            Hite, Duncan                           Phillips, Patsy

Bowling, Anthony                             Howard, Joseph                       Mitchell, Debra Bradley Jr., James                   Hutchinson, Russell                Reed Jr., Charles Burger, Saman                         Izlar, Reuben                           Reynolds, Raymond Carter, Jennifer                             Jackson, Maurice                              Rhodes, Calvin

Chew, Floyd                             Johnson, Shawn                     Riordan, Marjorie Costantino Jr., Frank                   Jones, Hillard                          Scott, John

Costantino, Perry                              Leftwich Sr., William               Sharples, Margaret Cristarella, Gregory                 Lemons, Clarence                    Shumaker Jr., Edward Curtis, Donna                            Logan, James                          Smith, Ronnie D'Agostino, Joseph             Makle, Earl                                        Speight, Tawana Daniel, Mervyn                          Mangum, Frank                       Ware, Calvin

David, Jean                             McCarty, Marie                        Watkins, Raymond Davis Jr., Harrison               Monfort, Philippe                     Wilson, Russell Denit, Paul                                  Monroe, Flora                          Young, Dale


Appendix D

 

Mailers Mailers Priority Substitutes

Avent, Denita                         Hines, Jeffrey                         Sheffer, Dennis

Chandler, Yvette                      Humphries, Jeffrey                 Togade, Hector Brown, Robert                              Little, Kimberly                       Wade, Rick

Hemphill, Warren                             Lynch, Genevie                        Williams, Raynard

 

 


Appendix E Helpers

Helper Priority Substitutes

 

Jackson, Kenneth

Leach, Clifton

Macklin, Deborah

Myers, Frankie

Sewell, Troy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix G

Insurance Rates for Calendar Year 2010

Mailroom Employees

 

Plan and Coverage

 

20l0 Total Weekly

Premium Cost

2010 Weekly

Company Cost

2010 Weekly

Employee Cost

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix H

PROCEDURES FOR SCHEDULING SUBSTITUTES

 

During the term of this Agreement, The Post intends to study and, in its discretion, implement a computerized method of scheduling in the Mailroom. Whatever the technology, either telephone-based, computer-based, or otherwise, The Post will preserve the principle that shifts are to be offered on the basis of priority. Before implementing any such scheduling technology, The Post will, upon request, meet and bargain with the Union about the impact of such technology on scheduling procedures for a period not to exceed 20 working days after notice (unless extended by mutual agreement); if at the end of such negotiations, there is no agreement, the Publisher may implement new scheduling procedures that are consistent with offering shifts on the basis of priority.

Until any such technology is implemented, the procedures followed by the Hire Office in scheduling Substitutes are expected to continue as follows:

Substitutes will continue to Individuals shall be offered shifts and shall select shifts in priority order. During a regularly established period each week, currently Friday mornings, the Hire Office starts calling Substitutes to offer shifts, calling the Substitute with the highest priority will be phoned first and be given first choice to claim up to five shifts which he or she wants to work that week. The designated Foreman will move continuing down the priority list until all available shifts have been offered or claimed. If a Substitute knows that he/she is going to be out of contact, he/she should call the Hire Office to inquire about available shifts.

All substitutes shall have a fair opportunity to work as many shifts as are available, up to 35 straight-time hours per week. If a Substitute refuses a shift or does not take five shifts - when five are available - the Foreman will continue down the list giving each subsequent person the opportunity to pick up to five shifts (or up to 35 straight-time hours). If the Substitute is not at home, the Foreman will call the next Substitute and then call back the higher priority Substitute at least once as long as shifts are still available. Once all available shifts have been claimed and new shifts become available, the Hire Office designated Foreman will begin offering shifts to the next Substitute who did not have a chance to claim up to five shifts. After the entire priority list of Substitutes has been called, and new shifts become available, the Hire Office Foreman will start back at the top of the priority list of those Substitutes who have not been offered the opportunity to work five shifts. The Hire Office foreman will continue to call the remaining Substitutes until all shifts are assigned.

 

There will be no requirement that Substitutes seeking to be scheduled must actually show up at The Post's Mailrooms to request shifts since all available shifts will have been filled well before the start of the next shift.

.

 

PROCEDURES FOR SCHEDULING OVERTIME

 

Overtime Shifts - Shift overtime will be offered in priority order. An overtime board showing accumulated overtime (i.e., overtime worked or overtime offered and refused) will be maintained. The Situation Holder with the least accumulated overtime will be the first person called when an overtime shift becomes available. The Hire Office Foreman will work down the list of Situation Holders until all shifts have been assigned.

 

Hourly Overtime - Hourly overtime will be offered in priority order

to the extent practicable. It is not practical to call people from their homes to work hourly overtime, except for pre-shift overtime. If production of a daily insert runs late and an hour of extra production time production overtime is needed by some of those working, the Hire Office or an available Foreman will offer the overtime from the floor in priority order. He will ask for volunteers to stay to complete the production consistent with Section 15 (e). If a particular crew is needed to stay to finish production, that crew will be asked to stay. This overtime will be posted on the overtime board.

 

Special Scheduling -- There will be occasions where a particular individual, someone involved in a project or with special skills, will be scheduled for an overtime shift or hours regardless of priority standing. This overtime will be posted on the overtime board and will affect that individual's position in priority for any overtime other than for special scheduling done pursuant to this paragraph.

 

GENERAL PROCEDURES

 

Contact Information - All Substitutes are obligated to provide the Hire Office with accurate contact information, including their preferred and secondary methods of contact (e.g., home phone, cell phone). The Hire Office will use the Substitute's preferred contact number when offering shifts, and will use the Substitute's second choice of contact only if the Substitute cannot be reached at the first number.

 

No Answer at Employee's Numbers Home - If the Hire Office calls

someone and does not get an answer at either the preferred or secondary

number, he will move on to the next person in priority the next person in priority will be called. Any Mailer/Helper Situation Holder or Substitute can call to see if shifts are available to work and what priority number is up for the next shift. This allows Subs to inquire about available shifts if they are going to leave the house. If the person next up for a shift calls in, the Foreman will be able to assign the shift to that person. A family member of an employee cannot accept a shift for an employee.

 

Answering Machines and Paging Systems - If a Situation Holder or a Substitute has a pager, the Foreman will call the number and give the individual a reasonable amount of time to respond before moving on to the next substitute. If there are a number of shifts available to work at the same start time and day, the Foreman will move on to the next person unless it is the last start time available. If a Situation Holder or a Substitute has an answering machine and the Hire Office Foreman leaves a message, the Hire Office Foreman will move down the priority list and not call back, although if the person calls the Hire Office Foreman back and shifts are still available, he/she may claim a shift.

 

Scheduling Data Base - A data base will be maintained which will be a record of the number of shifts worked, offered, and refused by each Mailer/Helper Situation Holder and Substitute on the payroll.

 

Accountability - Every two weeks Each week, the Hire Office Scheduling Office will post the hours and shifts worked the previous two weeks for all Mailroom employees every Mailer/Helper Situation Holder and Substitute on the payroll, as well as cumulative information for the year-to-date. If questions or inequities arise, the Scheduling Superintendent, Assistant Superintendent or Foreman will review the Scheduling Data Base with the Chapel Chairman or appropriate Union representative and any individual employees concerned, including the Chapel Chairman or appropriate Union representative.

 

No Favoritism - The Post has strict guidelines against illegal discrimination. The scheduling will be monitored by the Publisher and the Chairman, to ensure that there is absolutely no favoritism involved in who is scheduled to work.

 

Centralized Scheduling -- The scheduling will be controlled from the Hire Office Springfield Plant Scheduling Office.

 

Priority Scheduling -- There will be no scheduling from the floor, except when the next person in priority is on the floor at the time the schedule is done or in bona fide emergencies (e.g., late hires due to late call-ins) or in the special cases described above.

 

Hire Office Scheduling Office Coverage - There will be Hire Office coverage at least 20 hours a week and the hours of operation will be posted someone available in the Springfield Scheduling Office during the posted hours of operation (from 6:00 a.m. to 8:00 a.m.; from 10:00 a.m. to 12:00 p.m.; from 5:00 p.m. to 8:00 p.m.; and from 10:00 p.m. to 11:30 p.m., seven days a week) who can answer questions on scheduling. If for some reason there is no one available in the Hire Office Scheduling Office at the time an employee calls during the posted hours of operation, he or she will be able to leave a message and it will be returned within one hour 45 minutes, if possible. If, for whatever reason, the call is not returned within one hour 45 minutes, the employee will be considered excused.

 

Information Sharing - The Hire Office will post information listing offers of overtime on a weekly basis.

 

Monitoring by the Union - The Union has the right to monitor the scheduling process, raise questions on behalf of employees and grieve any violation of the contractual requirements.