CONTRACT

Between

MINNESOTA NEWSPAPER GUILD/TYPOGRAPHICAL UNION

CWA Local No. 37002

and

NORTHWEST PUBLICATIONS, INC.

as Publishers

of

ST. PAUL PIONEER PRESS

August 1, 2007 through July 31, 2011

JURISDICTION AND COVERAGE

SECTION 1. This agreement is made the 9th day of October 2003 between Northwest Publications, Inc. only as publishers of the St. Paul Pioneer Press, hereinafter known as the Publisher, and the Minnesota Newspaper Guild/Typographical Union, CWA Local No. 37002, a local chartered by the Newspaper Guild, hereinafter known as the Guild, for itself and on behalf of all employees of the Publisher, except as hereinafter provided, in the Editorial, Advertising, Circulation, Accounting, Promotion, Telephone Switchboard (PBX), Systems, and Building Maintenance departments of said newspaper's governing conditions of employment in said departments. The Guild also shall have jurisdiction and coverage over so-called content employees of TwinCities.com. The Guild is recognized as the duly authorized agent for collective bargaining of the said employee.

The Company and the Union recognize that it is in the best interest of both parties, the employees and the public that all dealings between the parties be characterized by mutual respect.

SECTION 2.  The following are excluded from application of this agreement:  Accounting Manager; Accounting Supervisor-Circ Acct.; Accounting Supervisor-FA/Cashier/AP; Adv. Accounting Manager; Executive Assistant-Finance; Manager of Financial Report/Budget; Payroll Acct Supervisor; Prepress Process Control Mgr.; Adv Dir/Class-Online Sales; Adv. Director/Display Sales; Adv. Project Manager; Advertising Financial Analyst; Executive Asst-Adv.; VP-Advertising Sales;  Asst. Classified Sales Mgr/Recruitment; Automotive Advertising Mgr.; Class Advertising Real Estate  Manager; New Business Dev. Mgr.; Category Sales Managers; Executive Assistant; Retail Sales Managers;  Home Delivery Manager; Circulation Marketing Assistant; Circ Operations Manager; Executive Asst-Circ.;  Field Operations Mgrs.; Circ Retail Sales Manager; NIE Manager; VP/Director of Circulation; Territory  Sales Managers; Division Managers; Senior Administrative Assistant; Sales Development Manager;  State-Circulation Mgr.; Credit Manager; Customer Service Mgr.; Asst Mgr/Trainer; Consumer Marketing Manager; Director of Market Research & Information; Technical Support Specialist; VP/Chief Financial Officer; Director of Marketing; Executive Assistant-Market Dev; Associate Editor; Editorial Page Editor; Deputy Sports Editors; Editorial Budget Manager; Executive Asst-SVP/Editor; Exec. Asst-Managing Editors; Graphics Director; Managing Editors; Newsroom Info & Tech Director; Newsroom Systems Managers; Photo Director; Projects Editor; Senior Editors; SVP/Editor, Production Director; Exec. Asst./Production; Manager Printing Operations; Prepress Manager, Prepress Operations Managers; Prod Admin Manager; Assistant Pressroom Mgr/Maintenance; Data/Telecommunication Administrator; Network Administrators; Network Services Manager; Circ Sales & Marketing Manager, Single Copy Managers-Operations; Director of Technology; Executive Assistant-Technology; Tech Support Services Mgr.; Technology Project Manager; Fleet Manager, and supervisory personnel of TwinCities.com.

If the Publisher establishes a new position(s) in any department represented by the Guild and if the Company asserts the new position(s) should be excluded from Guild representation, then a fifteen (15) day notice shall be given to the Guild. The parties shall meet within that fifteen (15) day period to discuss the management assertion.

No new position for which the Publisher asserts exclusion status within the meaning of Section 2 of the Collective Bargaining Agreement shall, in fact, be excluded until and unless such exclusion occurs as a result of agreement or arbitration award, as provided in the final paragraph of Section 2.

Such new position shall be placed in a special "limbo" status, in which it is neither included nor excluded from the Guild bargaining unit, pending final resolution of the specific Section 2 controversy.

It is agreed that a position's limbo status shall be terminated immediately upon resolution of the Section 2 dispute, whether by agreement or arbitration award. The issue must be moved to arbitration within 180 days of the Company's assertion or the position will be excluded. This time period can be extended by mutual agreement.

In the event that the ultimate resolution of a Section 2 dispute is that the position in question is to be included in the Guild bargaining unit, the Publisher shall pay to the Guild an amount equal to the dues it would have collected from the employee or employees holding the position had Section 5 of the Collective Bargaining Agreement been applied during the limbo period.

If no agreement has been reached within forty-five (45) days of the time of the first notice, then either party may submit the question to binding arbitration under Section 15 of the existing agreement.

The arbitrator's decision will be based on the National Labor Relations Act, as amended, and such criteria and standards as have been established by the National Labor Relations Board.

SECTION 3.  Temporary employees shall be excluded except for wages, hours and overtime.  A temporary employee is one employed on a special project for a period of not more than six months. The cost of utilizing an employee from a temporary agency shall always be at least 120 percent of the wage classification in which the work is being performed.  The company shall provide the Guild with receipts as requested to verify this provision.

On call positions will be maintained to provided coverage for unusual or irregular or unexpected coverage. On call employees will be subject to provision of the collective bargaining agreement except Sections 22, 24 and Letter 9. On call employees will not maintain any rights to a regular schedule.

Effective July 1, 1999, on call employees will be eligible for employee benefits described below:

Vacation

On call employees will be eligible for paid vacation once the employee has worked at least 780 hours in the previous Guild vacation year (January-December). The amount of vacation earned will be proportionate to the time worked.

401k

On call employees may enroll in the Guild 401k plan after the employee has worked at least 390 hours during the period of January through June or July through December payroll periods. Once qualified, an employee may continue to participate in the 401k plan.

Pension Plan

On call employees will receive pension credit for each calendar year in which the employee has worked 1000 hours or more.

Health & Dental Insurance Benefits and Paid Holidays

On call employees are eligible for health insurance, dental insurance and paid holidays when the employee has worked 390 hours in a half-year period as described herein. Eligibility will be verified and determined semi-annually:

July 1: verification/enrollment date for prior January through June payroll periods

January 1: verification/enrollment date for prior July through December payroll periods

To be eligible, an employee must have worked at least 390 hours during the measured six-month period to participate during the next six-month period and must satisfy any specific conditions set forth below:

On call employees may enroll in the health and dental insurance benefits available to part-time employees as set forth in section 53 after both 1040 total hours of service and the completion of a half-year period as described above in which the employee has worked 390 hours. 

On call employees are entitled to paid holidays as set forth in section 16 proportionate to the time worked after completion of a half-year period as described above in which the employee has worked 390 hours.

If after a period of 90 days an on call employee has worked a substantially regular schedule, the union may request that the employee be reclassified to regular part-time status. Within thirty days of the Guild raising the issue with the company, the company will:

            Reclassify the employee to regular part time status or

            Discontinue the employee’s substantially regular schedule or

            Reclassify the employee to temporary status.

In addition to the above actions, the company and the Guild may agree to another mutually agreeable outcome.

If a part-time employee who works a regular schedule of fifteen (15) or more hours per week, has their regularly scheduled hours involuntarily reduced on a permanent  basis by thirty (35) percent or more, it will be considered a lay off. The employee may choose to take the reduction of hours, exercise bumping rights or receive severance pay. Severance pay shall be computed based on their time continuously employed on any or all of the newspapers of Northwest  Publications Inc. Classified voluntary phone sales and voluntary typists are exempt from this section. Employees in these classifications may have their hours reduced to meet business needs.  Employees in these classifications will be made aware of this practice at the time of hire.

Part time employees shall be paid and advanced in the classifications the same as full time employees but proportionate to time worked. Part time employees who work regular schedules of fifteen or more hours per week shall have all other contractual benefits proportionate to time worked.

SECTION 4.  The Publisher guarantees that positions now filled by permanent employees shall not be made part time or on-call positions during the life of this contract except on voluntary agreement in advance with the individual concerned and the Guild.

UNION SECURITY

SECTION 5.  Guild membership in good standing shall be required as a condition of employment for:

  (a)  All present members in all departments;

  (b)  All employees who become members;

  (c) All employees hired after the effective date of this contract except in the advertising department, where at least four out of every five persons hired shall become members, and in the editorial department, where at least nine out of every ten persons hired shall become members.

SECTION 6.  Employment of persons referred to in Section 5 shall be terminated by the Publisher within 30 days upon notice by the Guild of suspension or expulsion of such member for non-payment of Guild dues.

SECTION 7.  Any person discharged under the Guild shop provisions is not entitled to receive severance or vacation pay benefits.

SECTION 8. Checkoff - Upon an employee's voluntary written authorization, the Publisher shall deduct per payroll period from the payroll period's earnings of such employee and pay to the Guild within five days of that pay period an amount equal to Guild initiation fees, dues and assessments. Such amounts shall be deducted from the employee's earnings in accordance with the Guild rate furnished the Publisher by the Guild. Such Schedule may be amended by the Guild at any time. An employee's voluntary written assignment shall remain effective in accordance with the terms of such assignment.

ASSIGNMENT

and

AUTHORIZATION TO DEDUCT GUILD MEMBERSHIP DUES

To: St. Paul Pioneer Press

I hereby assign to the Newspaper Guild of the Twin Cities, from any salary or wages earned or to be earned by me as your employee, an amount equal to all Guild initiation fees, dues and assessments lawfully levied against me by the Guild for each payroll period following the date of this assignment as certified by the Treasurer of the Newspaper Guild of the Twin Cities.

I hereby authorize and request you to check-off and deduct such amounts from each payroll period for which such initiation fees, dues and assessments are levied and the Guild so notified you, from any earnings then standing to my credit as your employee, and to remit the amount deducted to the Newspaper Guild of the Twin Cities.

This assignment and authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one year from the date appearing below or until the termination of the collective bargaining agreement between yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment and authorization shall be renewed automatically and shall be irrevocable for successive period of one year each or for the period of each succeeding applicable collective agreement between yourself and the Guild, whichever period shall be shorter, unless written notice is given by me to yourself and to the Guild by registered mail, or delivered to the Guild office in person, not more than thirty (30) days and not less than fifteen (15) days prior to the expiration of each period of one year, or of each applicable collective agreement between yourself and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which you receive it.

Date_______________

Employee's Signature_____________________________

SECTION 9.  The Publisher agrees to furnish to the Guild within one week after employment or separation of an employee a partial duplicate of the payroll order form made out for each employee at the time of employment or separation containing the following information:

Name, address, telephone number, department employed in, effective date of employment or separation, Guild contract classification, job title, and years of experience credited to that employee in such position.

Each person hired shall be informed by the Publisher of the Guild Shop provisions herein as they apply to that person.

SECTION 10.  Where membership in the Guild is a requirement, employees shall be given 30 days to establish that membership.

SECTION 11.  In the Editorial and Advertising departments, if the Publisher claims exemption for any employee, he/she must do so at the time he/she notifies the Guild of hiring the employee; otherwise the employee must establish Guild membership.

SECTION 12.  At no time shall Guild membership in either the Editorial or advertising departments fall below 80 percent of the employees in the department.

SECTION 13. During the life of this contract, and while the Publisher continues to perform his/her obligation hereunder, there shall be no strikes or walkouts, and while the union continues to perform its obligations hereunder, there shall be no lockouts.  If the Publisher refuses to arbitrate grievances as provided for in Section 15 or to abide by an arbitrator’s decision, then the provisions of this section shall become inoperative, provided that, in the case of the refusal to arbitrate, the Guild has sought and received an order to compel arbitration which has been refused by the Publisher. An appeal of an arbitrator’s decision shall not be deemed to be a refusal to abide by a decision. This section shall not operate to restrict the provisions of Section 14.

SECTION 14.  Employees shall not be required to go through picket lines established against the plant of the Publisher by striking employees of the Publisher, as defined in the first paragraph of this contract, provided that recognition of such picket lines has been ordered by the Guild's executive board after consultation between the Publisher and the Guild's executive board. The Guild's executive board shall be free to act if the Publisher refuses to consult with the Guild within 24 hours after the request for such consultation. The Publisher shall not be required to compensate employees for time lost through failure to pass a picket line.

SECTION 15.  Grievance Procedure. 

The Guild and the Publisher believe that the resolution of employees' concerns should begin at the departmental level and that the process should be based on mutual respect. The parties recommend that Steps 1 and 2 described below be followed. The resolution of any concern at Step 1 or Step 2 shall not violate the collective bargaining agreement and shall not set a precedent.

(a)  Step 1.  An employee and/or his/her union steward shall meet with the employee’s manager to discuss and attempt to resolve any issue arising from the interpretation or application of this Agreement or any matter affecting the relations of the employees and the Publisher. If the issue cannot been resolved, the employee and/or union steward may move the matter to Step 2 upon written notification to the Guild, the Director of Employee Relations and the appropriate Division Director.

(b)  Step 2. The employee, his/her steward and manager and other appropriate persons shall meet in an attempt to resolve the issue. Failure to resolve the issue at Step 2 shall initiate the 180-day period described in Step 3.   

(c)  The Guild may appoint a committee of its own choosing to take up with the Publisher or his/her authorized agent any matter arising from the interpretation or application of this agreement or any matter affecting the relations of the employees and the Publisher.

(d) Step 3.  A grievance shall be submitted only by a written notice from the complaining party to the other party which should be submitted with reasonable promptness, but in no event more than one hundred and eighty (180) days after the event in question is known, or should have been known, by the complaining party. Such notice shall set forth the facts giving rise to the grievance, the ground of complaint and the action sought. The parties agree to meet within five days after request for such meeting.

(e) The Guild grievance committee and the Publisher or his/her authorized representatives shall make reasonable efforts to settle all differences between the parties under this agreement. In the event a settlement is not reached by the two parties within 35 calendar days after receipt of the notice described (this time may be extended by mutual agreement), any dispute arising out of interpretation or application of this agreement may be submitted to final and binding arbitration by written notice of either party served on the other party. Such notice shall be filed no later than six (6) months following the expiration of the 35 day time period. This six month period may be extended by mutual agreement of the parties.

(f)  Within 10 days of the written notice of arbitration, the parties shall meet to select an arbitrator to whom the grievance of the complaining party shall be submitted. If for any reason the arbitrator has not been selected within 30 days (this time may be extended by mutual agreement),then either party may request an arbitrator be selected through the facilities and in accordance with the rules of  the Federal Mediation Conciliation Service.  Each side shall have the right to reject one panel.

(g)  The renewal of this agreement shall not be an arbitrable matter under the provision of this section. Only matters arising out of the interpretation or application of this agreement shall be arbitrable.

(h)  The cost of such arbitration shall be borne equally by the parties, except that neither party shall be obligated to pay any part of the cost of a stenographic transcript without its express consent.

SECTION 16.  If an employee is transferred to a new position and within six months deemed by the Publisher unqualified in such position, he/she shall be returned to his/her position or to another of comparable pay. No employee shall be required to accept a transfer or promotion for which he/she deems himself/herself unqualified.  No employee will be transferred to work in another city without his/her consent. His/her refusal to accept a transfer shall not prejudice his/her continued employment by the Publisher. If the transfer is made, the Publisher shall pay all reasonable transportation and moving expenses of the employee and his/her immediate family.

SECTION 17. Notice(s) of vacancy shall be posted on the bulletin board of the department involved and sent electronically to District Supervisors to be posted in Distribution Centers and sent to employees at remote newsroom bureaus. These notifications shall be posted or sent one week before the position is filled except that on request the Guild may waive the requirement that the Publisher wait one week before filling the vacancy. A copy of the notice of vacancy shall be mailed to the Guild office. When a vacancy occurs, the position shall be offered to an employee in the same department if there be such a worker qualified or secondly to a qualified employee in any other department. Nightside employees shall be given preference for day work when their qualifications are suitable. New employees hired for day work while training for night work, shall be notified that when they are so trained, night workers who have written applications on file for day work shall replace them. The period of training shall be until they are qualified for night work in the judgment of the department head.

The following job posting policy shall be implemented:

Purpose

The intent is to communicate clear, consistent expectations to employees and managers that any job posting seen on bulletin boards is accurate and trustworthy.  By creating a checklist for these posting we establish a format that ensures consistency for communicating all job openings.

Format

Any posting of job openings for Pioneer Press Guild positions will include the following description for a successful candidate:

- Job Title

- Experience required

- A target date for filling the job

- A list of specific job duties and the qualifications needed to perform those duties

- Whether the job is part-time or full-time

- Whether the job is regular , on call, or temporary

- Whether the job is management or Guild position

- For Guild positions, the level on the salary scale and benefits

- Who will be the person’s immediate supervisor and who the hiring manager is

Additional Guidelines

- If an internal applicant is not selected for an opening, the hiring manager will initiate a face-to-face conversation to explain why.

- Although specific wording may vary, the overall content of an external posting will be consistent with internal posting.

- If the opening is not filled by the target date, the hiring manager will post an update.

  Further the parties agree that:

  1.  The Guild shall be provided with a draft of every job posting before it is posted.  This shall afford an opportunity to resolve disagreements over wording before the posting goes up. This shall have no affect on the Guild’s right to challenge any posting, nor shall it prejudice the Guild’s position in any future proceeding should it elect to challenge a posting that, in the Guild’s view, isn’t in compliance with the contract or other agreements between the parties.

  2.   It is not the intent of the Company to use job postings to exclude staff members, if the Company finds itself in a situation where it bypasses a current staff member to offer a job to an outside applicant, it shall do so only for reasons outlined in our collective bargaining agreement.

  3.  Job postings will always have meaningful qualifications related to the work. Job descriptions shall not be written so as to exclude otherwise qualified candidates.

  4.  The same job descriptions and qualifications will be used for internal and external candidates. 

5.      External ads will not be displayed before the internal posting. 

Also See Letter #6.

SECTION 18.  No reporter shall be required to act as a photographer, nor a photographer as a reporter. This provision shall not apply to out-of-town assignments.

SECTION 19.  No writer's by-line shall be used over his/her protest.

SECTION 20.  There shall be no dismissals except for just and sufficient cause. The Guild shall be notified promptly of any dismissal and upon request, the Guild and/or the employee shall be notified in writing of the reason for dismissal.

There shall be a trial period of six months for all employees. During the trial period, the Publisher shall review the employee’s progress at 120 days. The Publisher shall notify the employee upon successful completion of the trial period. Any employee may be dismissed during this period by giving the employee and the union notice. 

SECTION 21.  There shall be no dismissals as a result of putting this contract into effect.

SECTION 22.  The inherent right of the Publisher to reduce the force for reasons of economy is recognized by the Guild, and the Publisher recognizes the right of the Guild to question such dismissals within thirty days from the date it receives notice of such dismissal.

Such reductions shall be accomplished by dismissing the employee with the least seniority from the department and job classification group which in the judgment of the Publisher should be reduced. Seniority shall be determined by the total of continuous service, full and equivalent part time, with the Publisher. Departments and job classification groups are spelled out in the attached letter of agreement #3.

The company agrees that prior to any reduction in force which is a direct result of the introduction of new equipment, the Guild will be given at least 60 days notice before such reduction becomes effective. Necessary reductions shall be accomplished by attrition.  Individual employees shall diligently apply themselves to such retraining as the Company may provide and accept transfer to those jobs for which they have been retrained. Provided, however, that there shall be no reduction in salaries as a result of such transfer and that employees, instead of accepting retraining or subsequent transfer may elect to take severance pay.

The company agrees that prior to any reduction in force which is a direct result of Knight-Ridder reegineering, the Guild will be given at least six (6) months notice before such reduction becomes effective. The company shall assist the affected employees through training for other available positions and through outplacement support in the form of resume writing skills and interviewing skills.

Knight-Ridder reengineering or the elimination of work not withstanding, work may not be removed from the unit during the term of the contract in such a way as to cause a layoff of maintenance or systems employees.

SECTION 23.  The Publisher agrees not to have or enter into any agreement with another publisher or publishers binding such publisher or publishers not to offer or give employment to employees of the Publisher.

SECTION 24.  Upon dismissal of any employee covered by this agreement for causes other than proven dishonesty or deliberate self-provoked dismissal or gross misconduct, the Publisher shall pay said employee as dismissal compensation a lump sum of money to be determined in accordance with the following schedule, computed at the highest weekly rate received by the employee during the twelve months immediately preceding dismissal:

One week's pay after six months' employment and one additional week's pay for each additional 26 weeks of continuous service or major fraction thereof, up to a maximum of 38 weeks' pay.

This provision shall not apply to on-call or temporary employees. The resignation or voluntary transfer of any employee of the Pioneer Press shall not constitute a dismissal entitling the employee to severance pay.

"Deliberate self-provoked dismissal" shall mean in cases where an employee conducts himself/herself in a manner to compel dismissal in order to collect dismissal indemnities rather than resign or retire; or in a case of proven gross misconduct to compel dismissal in order to collect dismissal pay. Severance pay shall be computed as that time continuously employed on any or all of the newspapers of Northwest Publications, Inc.

Section 25:  Employees of the Publisher shall be free to engage in activities outside of working hours provided such activities do not create a conflict of interest, are not inconsistent with proper and impartial performance of their duties as employees, and are not in competition with the Publisher and do not consist of services performed for publications that are for profit and are in direct competition with the Publisher. Without permission, no employee shall exploit in the course of such activities his connection with the Publisher. Any employee who desires to perform services for competing publications, must, before performing such service, secure written permission of the department head.

(a)    Employees may provide services for:

(1)     Any print publication (whether or not it has an on-line service) if the majority of its print circulation is outside the Twin Cities 11-county MSA; and,

(2)  Any publication published monthly or less frequently with a majority of its circulation in the Twin Cities 11-county MSA.

(b)   Employees shall not provide services for:

(1)             Any publication with a majority of its circulation in the Twin Cities 11-county MSA that is published more often than monthly;

(2)      Any on-line company if on-line is its primary business;

(3)   Any print publication or on-line services whose primary focus has been identified by Knight Ridder as a key competitive category and contains local news and/or advertising content. Such categories currently include rentals, real estate, automotive, employment and entertainment; or,

(4)        Any on-line service providing on-line news and/or advertising content focusing on, specializing in or substantially consisting of information about the Twin Cities 11-county MSA, including news about the local community, local sports, local entertainment or activities.

(c)  Whenever the name of a Pioneer Press employee is used in connection with providing any of the services listed above, that employee shall request that he/she be identified as a Pioneer Press employee and shall request a link to the Publisher’s web site.

A joint committee of two members of the Guild and two management representatives will meet as needed to evaluate the competitive market, its relationship to this section and any changes to the Knight Ridder key competitive categories. Either the union or management may request a meeting under this section.   

HOURS AND OVERTIME

SECTION 26. (a) Normal Work week. The normal work week for all employees, except as hereinafter noted, shall consist of a maximum of five days of eight hours each, falling within nine consecutive hours. Two days off shall be specified and consecutive whenever possible. A normal working schedule of days and hours shall be posted (two weeks in advance for sports section) and followed without change unless 48 hours notice is given for a change of hours and seven days notice for a change in days off. An employee may consent to such change on shorter notice, and in the event of a major emergency, the Guild will waive this requirement of a normal schedule. Work required at hours not scheduled or changed as agreed to shall be considered as overtime. All work in excess of eight hours in any one day, and of 40 in any one week, except as hereinafter noted shall constitute overtime. Payments for overtime work shall be made in cash on the basis of time and one-half. An employee may elect to take compensatory time off in lieu of overtime pay at the rate of time and one-half, provided the compensatory time off is taken within the payroll period in which the overtime was worked and is taken by mutual agreement with the Publisher. Overtime shall be worked only when required by the Publisher, when authorized by the proper superior, or when reasonably required by work to which the employee is assigned. Out-of-town assignments shall be considered individually as they concern overtime pay.

(b)     Flexible Work week. An employee may work a flexible work schedule by mutual agreement between the employee and the Publisher. Flexible schedules include, but are not limited to, those that differ from the standard five-day work week or eight-hour work day, those that differ from the standard eight-hours worked within nine consecutive, or those that involve work performed at home or other locations. Once a flexible schedule has been agreed to and posted, any changes shall be subject to the notice provisions of this section. An employee or the Publisher shall be able to cancel a flexible schedule with a minimum of seven days advance notice. An employee paid at the day rate for his or her classification who has a flexible schedule granted at the employee's request that includes night work as defined in section 63 shall not be eligible for night pay. An employee with a flexible schedule who works more than eight hours within nine consecutive hours shall receive overtime pay only for hours in excess of the scheduled hours.

(c)  TwinCities.com:  The regular workweek shall be five days and 40 hours for content employees for TwinCities.com. Said employees shall not receive daily overtime, but shall receive overtime for any hours worked beyond 40 in a workweek.  

SECTION 27.  Provisions of the normal work schedule specified in Section 26 shall not apply to the two local columnists. The Midway office attendant may be required to work a six-day 40-hour week, and the Systems department employees a 40-hour week in five days or less. Overtime shall be paid after 40 hours.

SECTION 28.  Street circulators regular work week may be 40 hours in a seven day week.  Overtime shall be paid after 40 hours.

SECTION 29. Country Circulation supervisors regular work week shall be a five day 40 hour week. When emergency situations occur within a circulation supervisor's own area, he/she may be required to work on a sixth day. In that event, hours will be scheduled to conform to a six day 40 hour week. In the event that overtime is required the employee shall be paid for that time at the overtime rate.

In the event he/she is required to work seven days in any calendar week, the employee shall be paid for at least one day at the overtime rate.

SECTION 30.  The hours and overtime provisions of Section 26 shall apply to City Circulation supervisors with the exceptions noted below. Hours may be changed with a minimum of 12 hours’ notice, if a morning down route occurs. On every third Sunday time spent on checking shall not be included in the five day week calculation. 

By mutual agreement between the employee, the Publisher, and the Guild, a City Circulation district supervisor may elect to work a weekly schedule consisting of five 8-hour days. In such case all work in excess of 8 hours in any one day or 40 hours in any one week shall be compensated at the rate of time and one half in cash or time off as specified above.

SECTION 31. Overtime provisions of Section 26 shall be applied to advertising sales people only in the event any such employee is called to work on his or her days off or is assigned to special night work. If overtime is required to complete ordinary duties in the course of a regular day, such overtime shall be paid for by compensating time off. 

In instances where special or routine work is required of an advertising sales person and his/her hours are changed accordingly, night differential shall be paid for time worked after 5:30 p.m.

SECTION 32. An employee called to work on his/her day or days off shall receive as a minimum pay for eight hours at time and one-half except that in an emergency situation where the employee works two hours or less he/she shall be paid for eight hours at straight time. This provision shall not apply to the regularly assigned Sunday work of Accounting department employees engaged in handling incoming mail or marking newspapers. Employees who have completed their day's or night's work and have left the building or their station and are called back, shall receive $1.00 for the callback, and a minimum of two hours' overtime.

SECTION 33.  Classified, voluntary sales people and PBX operators shall be granted one 15-minute rest period in the first half of the work period, and one 15-minute rest period in the second half.  If such employee is unable to take a rest period because said employee is the only employee on duty, the work period of the employee shall be shortened by a like period, with no loss in pay.

MILITARY SERVICE

SECTION 34.  Any regular employee who is ordered by the United States or any state of the United States to enter any kind of service, military or otherwise, which takes him/her out of the employment of the Publisher, or who, while the United States is at war, or during a declared state of national emergency voluntarily enters any of the armed services of the United States (military service) shall be deemed to be an employee on leave of absence under the terms of this section and shall resume his/her position or one comparable in character unless circumstances have so changed as to make it impossible or unreasonable to do so and with contract rights unimpaired, and with such status as he/she would have enjoyed if he/she had continued in the employment of the Publisher continuously from the time of entering such service until the time of restoration to employment.

SECTION 35.  In recognition of the spirit and purpose of our national defense program, all employees who wish to participate in any active reserve or national guard program will be given time off for this purpose. If a reservist or national guard member is a veteran of World War II, the Korean conflict, Vietnam from 1964 to 1973, the Persian Gulf, Kosovo, Afghanistan or Iraq and has been with the company at least 12 months, the Company will make up the difference between his/her military pay and his/her regular straight time pay for a maximum of two weeks annual military training.

SECTION 36. Without entailing obligation as to rehearing replacements who had also entered the Armed Services, any such replacements who are nevertheless reheard shall be accorded like treatment as to severance pay and experience rating.

SECTION 37. Application for resumption of employment must be made within 90 days of termination of such service, making reasonable allowance for return to place of employment. Voluntary continuation in such service beyond such time as an option of discharge is offered shall forfeit the right to return to employment.

SECTION 38. In the event an employee is physically or mentally incapacitated while in the service outlined in Section 34 to the extent that he/she is unable to carry on his/her former employment, and the Publisher is unable to place him/her in other acceptable employment, he/she shall at the termination of his/her service be granted his/her severance pay as of the date of entry into the armed services. In the event such employee dies while in such service, the amount of severance pay shall be paid to his/her legal beneficiaries upon receipt by the Publisher of proof of his/her death.

SECTION 39. A regular employee promoted to take the place of one entering such service as outlined in Section 34 shall upon resumption of employment in his/her old position by such employee, be returned to his/her former position at the current contract pay scale or to a position comparable or better in pay. The time so served shall be credited to the experience rating of the employee, either to that position or the former position, whichever he/she occupies thereafter.

SECTION 40. An employee hired as a replacement for one entering such service as outlined in Section 34 shall be covered by all the provisions of this agreement except by this military service section. Any such employee, on entering military service, shall receive credit for the period worked in the event he/she is re-employed at a later date.

SECTION 41. An employee hired as replacement for one entering service as outlined in Section 34 shall, upon return of the employee replaced, be given full consideration for re-employment if a vacancy occurs.

BEGINNERS

SECTION 42. Beginners are defined as individuals with less than one year's experience in the classification of work for which they are hired. Not more than 10 percent of all employees in the Editorial department shall receive a rate of pay less than that fixed herein as a minimum for three years of experience, and within that 10 percent not more than one-half shall receive a rate of pay less than that fixed for one year of experience.

SECTION 43. In the Classified Advertising department not more than five and in the Display Advertising department not more than four persons, including both local and national, shall be beginners.

SECTION 44. In the Circulation department not more than 25 percent shall be beginners.

SECTION 45. In the Accounting department not more than 20 percent shall be beginners.

SECTION 46. Copy aides shall not be included in enumerating beginners in any department but may be counted in totals in arriving at percentages. Major fractions of a whole resulting from the application of percentages will be interpreted to entitle the Publisher to an additional employee in any such class.

HOLIDAYS AND VACATIONS

SECTION 47. The following are recognized as holidays:  New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. An employee who works in a position that is scheduled 365 days a year may substitute any established religious holiday for Christmas Day with the same rules as all holidays. Work done on those holidays shall be paid for at time and one-half with a minimum of a day's pay. Those employees who are required to work on a holiday and those whose regular day off falls on a holiday shall receive a compensating day off or an extra day's pay in lieu of a day off at the option of the Publisher. The date of the compensating day off shall be subject to the approval of the department head. Accumulated days off may not be taken on successive days or added to vacations without this approval.

An employee whose vacation includes a holiday shall receive a compensating day off or an extra day's pay in lieu of the day off at the option of the Publisher.

Holidays include those days observed as such. If any of the holidays listed falls on a Sunday, the following day shall be observed as a holiday if it is the day generally observed as such. For purposes of defining holiday work, the holiday shift shall be the shift falling on the Company observed holiday(s) defined elsewhere in this agreement, or days celebrated as such.

Employees shall receive their birthday off as an additional paid holiday. An employee whose birthday falls within a vacation period or on his/her regular day off shall receive a compensating day off. The date of the compensating day off shall be subject to the approval of the department head.

Holiday hours for part-time employees will be calculated using all paid hours with the exception of overtime hours and compensating time hours. Pay for holidays will be calculated based on their weekly average total number of hours over the last six pay periods.

SECTION 48.  Upon signing of this contract, and through December 31, 2007, current employees shall remain on the vacation system that was in effect under the terms of the previous contract.  Employees hired after the signing of this contract shall begin to accrue vacation under the terms specified below.

Effective January 1, 2008 and until December 31, 2008, all employees except those hired after the signing of this contract shall not accrue additional vacation until January 1, 2009, but shall be entitled to use all vacation earned in 2007.

For all employees hired after the signing of this agreement and for all current employees, effective January 1, 2009, annual vacations with pay shall be granted as of January 1 each year to employees with the following periods of continuous employment in accordance with the following terms.

All employees shall accrue vacation on an “earn-as-you-go” basis, to be taken in the year the vacation is accrued. Vacation shall accrue according to the following schedules based upon the employee’s date of hire:

Fewer than three years: One day of vacation for every 24 days paid by the Employer (or 1/24^th of a day of vacation for each paid day) in the current calendar year up to a maximum of 10 days.

Three years to fewer than six years: One day of vacation for every 16 days paid by the Employer (or 1/16^th of a day of vacation for each paid day) in the current calendar year up to a maximum of 15 days.

Six years to fewer than 20 years: One day of vacation for every 12 days paid by the Employer (or 1/12^th of a day of vacation for each paid day) in the current calendar year up to a maximum of 20 days.

20 years or more: One day of vacation for every nine days paid by the Employer (or 1/9^th of a day of vacation for each paid day) in the current calendar year up to a maximum of 25 days.

Part-time employees will move to the next level of vacation accrual each vacation year, annually. Vacation hours for part-time employees will be calculated using all paid hours with the exception of overtime hours and compensating time hours. Vacation hours will be calculated based on the average hours, as outlined above, during the last vacation period.

Employees on an unpaid leave of absence will not accrue vacation beyond the first 30 days of the leave.

SECTION 49. Upon termination of employment after six months employment, or upon entering military service, an employee shall be paid for vacation time earned but not yet taken. This shall not disqualify employees from receiving vacation time or pay for vacation credits earned as of May 1, 2004 or January 1, 2005.

SECTION 50. The normal vacation period shall be January 1 through December 31, inclusive. Vacations may be taken in one, two or three work-week periods as agreed to by employee and department head. Vacations may be taken at other times by mutual agreement between employee and Publisher. Final determination of vacation dates shall be made by the department head. Employees may carry over from one to five full days of vacation from one vacation period to the next for personal use in the following period. Vacation periods in excess of five days may not be carried over from one vacation period to the next without consent of the department head.

Employees may donate from one to five full days of vacation to another employee in order to use for the care for a newborn or newly adopted child or other personal, family or medical crisis. 

During the year of transition, 2004, the vacation period shall be from May 1 to December 31. Accrued vacation will be pro-rated for eight months with the right to carry over from one to five full days.

SECTION 51 Beginning in 2004 vacation schedules shall be drawn up, based on department seniority and posted by December 1. Those employees entitled to a fourth or fifth week of vacation shall select that week only after all other employees of the department who are eligible for vacations of three weeks or less have had an opportunity to make their selection.

LEAVES AND BENEFITS

SECTION 52.  Sick leave shall be granted in accordance with the terms outlined in the Letter #10 in this contract. If employment is terminated after extended sick leave due to incapacity of the employee to return to his/her duties, severance pay may be negotiated between the employer and the employee. Publisher agrees to provide $25,000 life insurance policy coverage for employees while on assignment on air flight. 

Employees may receive up to six months of unpaid leave for a personal, family or medical crisis with the permission of the department head. In such instances, the employee's health insurance will continue as an active employee under the same conditions as set forth in section 53.

Sick leave for employees with disabilities associated with childbirth and pregnancy shall be granted in accordance with the Publisher's policy of granting sick leave to employees with disabilities not associated with childbirth and pregnancy.

An employee on sick leave with disabilities associated with childbirth and pregnancy will be granted upon request, additional unpaid leave. However, such unpaid leave when added to the above sick leave shall not exceed a total period of six months. Unpaid paternity leave will also be granted, upon request, for a period not to exceed six (6) continuous months. Unpaid paternity leave will be granted to adoptive parents on the same basis.

See also Section 54 Parental Leave

SECTION 53. The Publisher agrees to provide Guild members with a choice of the following group health care plans: The current HealthPartners plan, a second HealthPartners plan as defined herein, and the Blue Cross PPO Core and Blue Cross PPO Buy-Up plans offered by MediaNews, effective January 1, 2008. Current coverage shall remain in effect until that date.

The Publisher will pay 70 percent of the actual cost of employee plus spouse, employee plus children and family plan coverage for eligible full-time employees and their dependents and 78 percent of actual costs for single plan coverage for eligible full-time employees with the maximum contribution to HealthPartners equal to the contribution for the Blue Cross PPO Buy-Up Plan, except that no employee shall pay in excess of 50 percent of the HealthPartners premium for the employee plus spouse option.

The Employer may assess a monthly surcharge of up to $150 on either Blue Cross plan for an employee who elects employee plus spouse coverage and whose spouse works full-time and is eligible to receive health insurance at his or her place of employment. The Employer’s contribution to HealthPartners shall not exceed the actual contribution for the Blue Cross PPO Buy-Up Plan for an employee who elects employee plus spouse coverage and whose spouse is eligible to receive health insurance at his or her place of employment.

The company contribution for eligible part-time employees will be 45 percent of the actual costs for single, employee plus spouse, employee plus children and family plan coverage with the maximum contribution to HealthPartners equal to the contributions for the Blue Cross PPO Buy-Up Plan.

All full-time employees are eligible for health care benefits after they have completed three (3) months of continuous service. All part-time employees who work regular schedules of fifteen (15) or more hours per week are eligible for health care and dental insurance benefits upon completion of the equivalent of six (6) months continuous full time service (1040 hours). On call employees are eligible for the same benefits in accordance with Section 3. Eligible dependents are to be determined under the terms of the insurance plan in effect. A same-sex domestic partner shall be considered a spousal equivalent for purposes of health care.

Part-time employees who have averaged forty (40) hours per week during the previous calendar year shall receive health care benefits at the same premium as full-time employees for the subsequent calendar year.

Guild-covered employees will not be subject to pre-existing conditions and/or proof of insurability.

The HealthPartners Choice option that includes EAP services will be available with a 100% reimbursement rate for most services and a $10 office visit co-pay for expenses included under this option. A second HealthPartners option with deductibles and a $20 office visit co-pay also shall be made available to Guild-covered employees. Changes to the plan design of this second option may be made upon the request of the Guild before the annual open enrollment period and after rate information from HealthPartners is made available to the parties.

The Publisher agrees that the Health Partners health care plans offered by the Pioneer Press shall meet all the requirements of Minnesota state law, including but not limited to state-required coverage, drug co-pays, data privacy, mental health coverage and complaint appeal procedures.

The joint Guild/Management Health care committee will be reconstituted prior to any future modifications or changes to the HealthPartners Choice plan, in which members of other collective bargaining units are enrolled, separate from those beyond the control of the Publisher and the Guild. Any future modifications or changes to the HealthPartners Choice plan, separate from those beyond the control of the Publisher and the Guild, must be made by mutual agreement.

Eligible employees may enroll in vision insurance and employee and dependent life insurance, as in the past.

Employees will continue to exercise an option to elect coverage during the employee’s initial enrollment period and during such enrollment periods as will be provided at least once a year.

The Company will fund 100% of the cost of the current dental plan for full-time employees and 45% of the cost for part-time employees.

The Company will provide the Knight Ridder Early Retiree Healthcare Plan to eligible employees as described in the plan. Any employee who is 55 or older, or who turns 55 before July 31, 2011 and who elects to retire before July 31, 2011, shall be eligible for the plan. Effective August 1, 2011, the plan shall no longer be available to current or future employees.

The Company will maintain 125 plan(s) for the purpose of employees paying their portion of health care insurance premiums, out-of-pocket medical expense and child care costs on a pre-tax basis.

Upon ratification of this agreement, the Company shall provide to all eligible Guild employees the MediaNews 401(k) plan, with a company match of 50 percent up to a maximum of 3 percent of an employee’s income. Previous service with the Pioneer Press shall count toward vesting.

SECTION 54.

Parental Leave: The Publisher shall grant employees unpaid parenting leaves on the same basis that unpaid maternity leaves have been granted in the past. Adoptive parents are eligible for unpaid parenting leaves on the same basis as birth parents. In connection with the birth or adoption of a child, all full-time employees shall be entitled to two consecutive paid days off as parental leave. Paid parental leave will be proportionate to the time worked for part-time employees who work a regular schedule of fifteen hours or more. Paid parental leave shall not apply to employees otherwise entitled to paid time off under the Guild Sick Leave Agreement.  See also Maternity/Paternity Section 52.

Union Leave: Leaves of absence shall be granted so that not more than one Guild member at a time may serve as a full time paid functionary of the Guild local or international. Such leaves shall be without pay and for not more than one year unless otherwise negotiated. Leaves of absence shall be granted so that two Guild members, or more by mutual agreement, may serve as temporary Guild representatives. Such leaves shall be without pay and for not more than two weeks. The period of absence shall not be included in the service record of the employee but shall not thereby prejudice his/her record before or after his/her leave of absence in determination of severance pay or of qualifications for the third or fourth week's vacation. Leaves of absence for other purposes may be granted by consent of the Publisher.

EXPENSES

SECTION 55. Legitimate expense reasonably incurred by employees in services authorized by the Publisher or his/her agents shall be paid by the Publisher. Ownership of an automobile shall not be made a condition of employment of any employee except Country district supervisors who may be required to furnish their own cars.

SECTION 56. Employees who use their own cars in the service of the Publisher shall be reimbursed for such mileage in accordance with rates determined by the Internal Revenue Service effective each January 1. The parties also agreed to continue the use of the internally developed statistical curve in determining weekly charges to employees for personal use of Company owned cars.

SECTION 57. The Publisher shall continue to furnish employees such necessary working equipment, not including leased or Company owned automobiles, that he/she has furnished in the past.

SECTION 58. Employees engaged in more than one classification of work, including Editorial department employees, shall be paid at least the minimum salary for the higher classification in which more than 50% of their duties fall in any one week period. Additionally, in the Editorial department if any employee works one or more full days in the higher classifications of news editor, city editor, assistant city editor, telegraph editor, copy desk chief, makeup editor, picture editor, or Sunday editor, he/she shall be paid the salary for that higher classification for each such full days worked. In ASC, if any creative assistant works one or more full days in the higher classification of artist, he/she shall be paid the salary for that higher classification for each such full days worked. This section does not apply to classifications in the Systems department.

SECTION 59. There shall be no reduction in the established salary of any employee during the life of this contract except by voluntary agreement in advance between the individual, the Publisher and the Guild.

SECTION 60. In addition to minimum wages established herein, the Publisher will continue to be final judge of individual merit and to acknowledge it by raises above the minimums. Following the signing of this agreement he/she will appraise the services of those employees who have been paid above the minimums of the last previous contract. All raises resulting from this appraisal shall be retroactive to the effective date of the contract.

SECTION 61. In all Editorial and Advertising classifications herein, except copy aides proved experience on other daily newspapers, news and press associations, news magazines or advertising agencies shall be recognized, the number of years of experience to be agreed upon with the head of the department and filed in writing at the time of employment.  In other departments proved experience shall be recognized.

SECTION 62. Based on proved years of experience, minimum wages shall be paid in accordance with the schedule in Section 64. The rate of pay of an employee shall determine his/her position in minimum salary schedules.

SECTION 63. Night scale shall be paid for each night working employee in accordance with his/her contract rating. Employees whose regular normal working hours for any shift require them to work after 8:00 p.m. or before 5:00 a.m. shall be paid the night rate for that shift. If such employee's regular normal working hours require her to work three or more shifts a week after 8:00 p.m. or before 5:00 a.m., she shall be paid the night rate for the entire week. (In the Systems Department, for those employees who work four 10-hour days, if an employee's regular normal working hours require her to work two or more shifts a week after 8:00 p.m. or before 5:00 a.m., she shall be paid the night rate for the entire week.) Employees whose regular normal working hours do not require them to work after 8:00 p.m. or before 5:00 a.m. shall be paid the night rate only for those hours worked after 6:00 p.m. and before 5:00 a.m., unless such hours are overtime hours compensated for at one and one-half times the hourly day rate.

SECTION 64. Effective August 1, 2007 to and including July 31, 2011, the schedule of minimum wages per week shall be as shown below (all scales are weekly day scales unless stated otherwise).