AGREEMENT
between
The
and
MAILERS'
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 "
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
(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
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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
(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
(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
(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
SECTION 6 - JURISDICTION AND JOB SECURITY
(a) Recognition:
Except as provided in this Section and Section 7, the Publisher recognizes
the
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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
(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
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
(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
(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
(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 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 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 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
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
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 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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23-
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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24-
(e) Upon four weeks' notice to the
(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 7:00
AM and .
The afternoon shift rate shall be paid
on all shifts beginning between and ending between
the hours of 6:00 PM. and
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
(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 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
(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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31 -
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 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
-
32 -
objections to the
(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
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
(b) The
(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
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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
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
(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
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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
(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
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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
(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 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
(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
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
IN WITNESS WHEREOF the parties hereto have set
their hands and seals this
ญญญญ_____day of _________, 2010.
THE
______________________________ __________________________________
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MEMORANDUM OF AGREEMENT
between
THE
and
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
(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.
-42-
IN WITNESS WHEREOF
the parties hereto have set their hands and seals this _____day of _______, 2010.
THE
____________________________________ _________________________________________
- 43-
MEMORANDUM OF AGREEMENT
between
THE
The Washington Post
("The Post") and CWA/Washington Mailers Union No. 29 ("
1.
The
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.
- 44-
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
____________________________________ _______________________________________
- 45-
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,
Creamer, John Parlett,
James
Dagostino, Anthony Pilkerton, Walter
Decker, Bruce Pullium,
Mark
Dickerson,
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
-
46-
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.,
Appendix D
Mailers Mailers Priority Substitutes
Avent, Denita Hines,
Jeffrey Sheffer,
Dennis
Hemphill,
Appendix E
Helpers
Helper Priority Substitutes
Jackson, Kenneth
Leach,
Macklin, Deborah
Myers, Frankie
Sewell,
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 |
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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