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AFL-CIO AND
WASHINGTON-BALTIMORE NEWSPAPER GUILD April 1, 2005 - September 30, 2006 Table of Contents PREAMBLE This Agreement is made effective this first day of April, 2005, between the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) (hereinafter referred to as "Employer"), a non-profit labor organization, and the Washington-Baltimore Newspaper Guild (Guild) chartered by The Newspaper Guild-Communications Workers of America as Local #32035, for itself and then on behalf of all the employees described in Article I. 1. This Agreement covers all "professional" employees of the Employer performing the kind of work normally performed within the bargaining unit in all departments, except supervisors and managerial and confidential employees as defined by the National Labor Relations Act as provided in Section 2. 2. The following are excluded from this Agreement: all department directors, deputy directors, associate directors, assistant directors, regional and deputy regional directors, and those positions identified (together with the current occupants) on the list attached to this Agreement as Appendix B, and other supervisory, managerial, and confidential positions, as defined by the National Labor Relations Act, created during the term of this Agreement, and all employees in job classifications covered by the collective bargaining agreements the Employer holds with other unions. 3. Bargaining-unit employees who have the title of assistant director as of the date that the Guild ratifies this Agreement shall continue to be covered by the contract and shall maintain the title of assistant director while in their current positions. 4. Employees covered by this Agreement may have leadperson responsibilities, as defined by the National Labor Relations Board, but shall not have the authority to exercise supervisory duties as defined by the National Labor Relations Act. 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Guild in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement shall become and remain members in good standing in the Guild. The foregoing provisions shall be effective in accordance and consistent with applicable provisions of federal and state laws. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on or after the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Guild. 2. The Guild agrees that it will admit to and retain in membership any such employee subject to the provisions of the Constitution of the Newspaper Guild-CWA and the by-laws of the Washington-Baltimore Newspaper Guild. 3. The Employer shall, in compliance with all applicable law, deduct from the second salary check of each employee each month, and shall pay to the Guild not later than the tenth (10th) day of the following month, all dues and assessments levied by the Guild for the current month. 4. The Employer agrees to supply the Guild once each year with a salary list of all employees covered by the Guild bargaining unit, showing name, address, sex, minority group, date of birth, date of hiring, job title, pay grade, and pay step. The Employer further agrees to supply to the Guild once each month a list of the employees in the unit who are added to and deleted from the payroll and any changes in the job classifications or salaries. 5. There shall be no interference or attempt to interfere with the operation of the Guild in the performance of its duties as the bargaining agent for the employees covered by this Agreement. 6. Subject to work needs and availability of space, Guild meetings may be held and attended during working hours on the Employer's premises, provided such meetings are reasonable in frequency and duration and are held at lunchtime. This Section does not entitle field staff to travel to attend Guild meetings. The Guild will give the Employer reasonable notice of such meetings. 7. The Employer shall provide for payroll deductions for COPE on behalf of employees who authorize such deductions in writing. When seniority is referred to in this Agreement, it shall include all continuous service with the George Meany Center for Labor Studies, LIPA, the Organizing Institute, the AFL, the CIO, the AFL-CIO, or any of its direct subdivisions such as the Political Action Committee, Labor's League for Political Education, and the Free Trade Union Committee; but it shall not include service with affiliated unions or departments or with state or local central bodies. 1. The Employer shall have the unlimited right to discharge a new employee who has not concluded a probationary period of six (6) months, beginning from the date that the employee begins work, provided that on or before the two (2) month anniversary date and on or before the four (4) month anniversary date the progress of the new employee will be evaluated and the Guild will be notified in writing if any problem or problems appear to be developing. After one (1) month on the payroll, if an employee is discharged during the probationary period, he or she shall be given at least one (1) week's notice, or one (1) week's pay in lieu of notice. The probationary period shall end on the last working day before the six (6) month anniversary of the employee. An employee's probationary period may be extended by agreement of the Employer and the Guild. 2. Employees with more than six (6) months of service shall not be subject to discharge except for just and sufficient cause. 3. Employees with more than six (6) months of service shall be given two (2) weeks' notice, or two (2) weeks' pay in lieu of notice, of any discharge. 4. The Guild shall be notified in writing, simultaneously with the employee, of any discharge. ARTICLE V-FILLING OF VACANCIES 1. The Guild shall be notified of all vacancies covered by this Agreement. The term "vacancy" includes an opening in an existing position under this Agreement or an opening resulting from the creation of a new position under this Agreement. The Employer recognizes the importance of seniority and desirability of filling vacancies by promotion or transfer and, accordingly, will give present employees within the unit first opportunity to try out for a vacancy in a different position, subject to the prior operation of the recall list under Article VI (Layoff), Section 5. 2. Within fifteen (15) working days of a position's becoming vacant, the Employer either will post the position to be filled consistent with the provisions of this Article or will notify the Guild of the Employer's intentions as to the filling, leaving vacant, abolishment, or reclassification of the vacant position, in which event the Employer will meet with the Guild on request to discuss. 3.
4. Postings for vacancies shall be written by the Employer and shall specify the minimum qualifications (e.g., experience, education, and skills). The parties recognize that some positions may require special skills or qualifications. Those skills and qualifications shall be directly linked to the successful performance of the job in accordance with the job evaluation system. 5. When qualifications and experience are relatively equal, the senior bidder shall be awarded the position, except that for National Field Representative positions, when required minimum qualifications are met, the senior bidder within the Region of the vacancy shall be awarded the position. 6. In the event a vacancy is not filled from within the unit, the Employer may hire a new employee at no more than one (1) grade level below the posted grade level of the position. Any employee hired at a grade level below the posted grade level shall receive an automatic advancement after one (1) year to the posted grade level unless the Guild and the Employer agree that accelerated advancement is appropriate. 7. If, on promotion to a higher grade, a vacancy is filled by a bargaining unit employee whose salary is greater than the starting salary of the grade for the vacant position, the employee shall be paid no less than the salary of the step of the vacant position that is higher than the employee's salary. 8.
9. The Employer will attempt to interview Guild applicants within two (2) weeks after the close of each posting period. Thereafter the Employer will inform the Guild at regular intervals of two (2) weeks of the status of efforts to fill the posted position. 1. There shall be no layoff prior to April 1, 2003. 2. The Employer shall meet with the Guild prior to or upon approval of the budget annually to identify any occupied unit positions that are being defunded by the approved budget, to review any need to reduce the overall workforce and to review all current funded vacant positions. In the event the Employer must reduce the level of employees or defund Guild positions, it shall notify the Guild in writing of the number of positions to be reduced or identify the positions to be defunded. 3. If the Employer notifies the Guild that there will be a reduction in the overall workforce or that positions will be defunded, for 90 calendar days from the date of the notice there shall be a hiring freeze both for all Guild bargaining unit positions and for all non-unit positions except for jobs directly associated with a state or national political campaign or a time sensitive organizing campaign.
4. In the event the Employer is reducing the total number of unit employees:
5. In the event the Employer is defunding specific positions or has identified positions for layoff under section 4, above:
6. Except for 5(e) above, the Employer shall provide the laid-off employees severance pay and benefits as follows: two (2) weeks' pay per year or major fraction thereof for each year of the employee's employment, provided, however, that any laid off employee shall receive an amount of severance no less than an employee with four (4) years of service would receive. Such employees will be covered for full health and welfare benefits (through Employer payment of COBRA premiums) for a period of six (6) months from the date of layoff. If employment is not gained in the six (6) months, this period of coverage will be extended for an additional three (3) months. 7. Each employee laid off to reduce the force shall be placed upon a recall list for two (2) years. Said laid-off employees shall be offered comparable vacant positions for which they are qualified, prior to these positions being posted in accordance with Article V (Filling of Vacancies). The offer shall be made by certified mail to the last address the employee has provided to the Employer. Recall rights shall be relinquished if the employee does not
8. For the period on layoff, an employee shall only be entitled to the compensation benefits and credits expressly provided for in this Article. 9. The parties shall utilize a procedure of expedited arbitration for grievances filed relating to 5a (appropriate positions) and 5c (positions into which an employee may bump). 10. National Field Representatives shall be considered to have the ability and qualifications required to perform the work of any other National Field Representative regardless of team assignment except for those positions which require proficiency in a language other than English. 11. Sections 2 through 6 and Section 9 shall not apply to employees who have not completed a probationary period. ARTICLE VII - GRIEVANCE PROCEDURE 1. All grievances arising under the terms of this Agreement shall be handled originally at the level at which they occur. Grievances shall be filed in writing within forty-five (45) days after the occurrence or within forty-five (45) days after the grievant becomes aware of the occurrence or, in the exercise of due diligence, should have become aware of the occurrence. Otherwise, they shall not be considered grievances. Grievances shall be handled as set forth below. 2. Step One: There shall be a meeting, or telephone conference call for field employees, between a Guild steward, the grievant and the immediate supervisor or designee within thirty (30) days of the receipt of the written grievance. The immediate supervisor or designee shall respond in writing within thirty (30) days of this meeting; failure to do so shall affirm on behalf of the Guild, without prejudice to the Employer. If the grievance is not resolved to the satisfaction of the Guild during this thirty (30) day period, the Guild shall have no more than thirty (30) days following the receipt of the written denial in which to refer the grievance to the next step in the grievance procedure by written notice to the department director. 3. In the field, when, in the judgment of the immediate supervisor or designee, the grievance relates to a national rather than regional issue, the immediate supervisor or designee shall refer the matter in writing to the department director or designee within ten (10) days of meeting with the grievant and steward. Simultaneously, the immediate supervisor or designee shall give written notice to the grievant and steward that such referral has been made. That notification shall satisfy the Step One obligation of response. If settlement is not reached at this Step, then a grievance which is appealed in a timely manner shall be handled as set forth below. 4. In the event that the immediate supervisor or designee is the department director, Step One shall serve in lieu of Step Two. 5. Step Two: The Guild Unit Chairperson or designee, the grievant, and the department director or designee shall meet on any grievance referred to this Step within thirty (30) days of referral. If the grievance is not resolved, the Employer shall respond in writing within thirty (30) days following this meeting; failure to do so shall affirm on behalf of the Guild without prejudice to the Employer. 6. Any matter involving the interpretation, application, administration or alleged violation of this Agreement (except renewal of this Agreement), including a question of whether or not a matter is arbitrable, not satisfactorily settled within thirty (30) days of its first consideration may be submitted to final and binding arbitration by either party within thirty (30) days. The parties shall mutually agree to name no more than three (3) professional arbitrators to serve as the arbitration panel under this Agreement. Any disputes that are submitted to arbitration will be submitted to a member of the panel. To the extent feasible, disputes will be rotated equally among the members of the panel. Either party may remove a member of the panel at any time, except when a grievance is pending before that member; if a member of the panel is removed, the parties shall mutually agree on a replacement. If mutual agreement cannot be reached at any time on the makeup of the panel, then the regular American Arbitration Association rules and procedures for selection of an arbitrator shall apply. The costs of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. 7. Failure to file a grievance in a timely fashion in one instance shall not preclude filing on a similar issue which occurs subsequently. 8. The term "grievant" shall be considered to include: any individual staff member, a group of staff members or the Guild. 9. The time limits set forth in this Article may be extended by mutual agreement between the Employer and the Guild. 1. The standard work week for headquarters employees shall be five (5) days of thirty-five (35) hours, the standard work day shall be seven (7) hours exclusive of a meal break, and the Employer's standard business hours shall be from 9 a.m. to 5 p.m. Monday through Friday. 2. It is understood that employees perform duties that often require lengthy and irregular hours and travel. Employees are not eligible for overtime. In recognition of their lengthy and irregular hours and travel, permanent employees shall receive eight (8) days of compensatory leave each calendar year, to be taken with appropriate notice and advance approval of their supervisor whose approval shall not be unreasonably denied. These compensatory-leave days shall be prorated for employees who in a calendar year are actively employed less than a full year. At the end of the calendar year, employees may cash out up to four (4) unused compensatory-leave days. Compensatory-leave days shall not be carried over from year to year. 3. Whenever an employee is assigned by the Employer to work and the employee does work an extraordinary number of assignments on a Saturday, Sunday, or holiday, the employee shall be entitled to compensatory time off for such work. 4. Compensatory time off under Section 3 above normally should be taken as soon as practical after it is earned but, in any event, no later than six (6) months after it is earned. Accumulation cannot exceed ten (10) days, and employees cannot be precluded from taking compensatory days in blocks of three (3) days or less. However, in instances where an employee has consecutive assignments or long-term projects which, in the view of the Employer and the employee, prohibit the employee from utilizing his/her accumulated compensatory time within the specified limits, such limits shall be waived. Compensatory time off shall be taken with appropriate notice and advance approval of the employee's supervisor whose approval shall not be unreasonably denied. 5.
6. It is the policy of the Employer to follow the guidelines set by the federal government (or for employees employed outside of Washington, D.C., applicable state or local governments) with respect to closing, reporting, and departure times in the event of inclement weather. 7.
8. Meal breaks may be taken at irregular times or not at all, at the employee's option. Employees may eat at their desks provided it does not interfere with performing their work or detract from the professional environment. 9.
10. Except in an unforeseen emergency, unit employees will not be required to travel between the hours of 12:00 a.m. and 4:30 a.m. The Employer will make every effort to schedule its own meetings at which staff attendance is required so that weekend travel is not required. ARTICLE IX - CLASSIFICATION AND SALARY SCHEDULE 1.
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3. An employee in Grade V shall advance to Grade IV after not more than seven (7) years in Grade V. An employee hired at Grade VI, Step 3, shall advance to Grade V after not more than one (1) year in Grade VI; an employee hired at Grade VI, Step 2, shall advance to Grade V after not more than two (2) years in Grade VI, and an employee hired at Grade VI, Step 1, shall advance to Grade V after not more than three (3) years in Grade VI. 4. The Employer agrees to discuss with the Guild any proposal to abolish, create, transfer or reclassify jobs which fall within the bargaining unit. 5. Employees hired to fill vacancies will be hired at the starting rate of the appropriate grade, with the exception that where this proves impractical an employee may be hired at a higher step, with the specific agreement of the Guild. Each employee will advance through the appropriate pay grade schedule and will receive the wage increments specified each year on the anniversary date of his or her employment, until he or she reaches the top of the grade. 6. There shall be no reduction in wages during the life of this Agreement except as provided in Article V (Filling of Vacancies), Section 8(e). 7. Direct deposit of salaries will be arranged for permanent employees who request it. 8. The Employer will take reasonable steps to try to ensure receipt of paychecks on Friday. 9. (a) Guild National Field Representatives Grade III's shall receive a nineteen hundred dollar ($1,900) field differential added to his or her annual salary, as reflected in the NFR3 pay grade in Appendix A. 10. Position Descriptions and Grade Levels
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2. It is the policy of the Employer to have vacation used in the year in which it is earned. Employees with one (1) or more years of service will be permitted for good reason to bank one (1) week of vacation each calendar year up to a maximum of eight (8) weeks. This vacation banking will require the approval of the department director and the Secretary-Treasurer. Such weeks may be taken in conjunction with the normal yearly accrual in order to provide an extended vacation period. The Employer will permit banked vacation days to be withdrawn in increments of five (5) days and added to current vacation balance and used as normal vacation, i.e., taken off a day at a time or in units of less than a full week. 3. In cases in which employees are unable (because of work demands) to take their full vacation entitlement in the year in which it is earned, this period may be extended to June 30 of the following year, with the approval of the department director. Requests for such an extension must be made no later than December 31. 4. An employee may elect to be paid for accrued vacation time on taking a leave of absence pursuant to Article XIV (Leaves of Absence), Sections 1, 2 or 3, at the time of the granting of the leave of absence. If the employee is not paid for accrued vacation time and does not return to work, she or he (or her or his estate in case of death) will be paid for accrued vacation time on termination of employment (or death). On termination of employment the employee (or the employee's estate in case of death) will be paid for up to eight (8) weeks of banked vacation. 5. The vacation schedule shall be agreed upon by mutual consent, but employees shall have preference in accordance with seniority. In the event of emergency or unforeseen circumstances, an employee may take up to four (4) days of vacation including floating holidays without prior scheduling with the Employer. 6. Employees terminating with six (6) months but less than five (5) years of service will receive their vacation pay as described in Section 1, prorated at the rate of 1/12th for each month or fraction thereof that they work in the year in which they terminate. Such employees shall reimburse the Employer for any advanced vacation used. Employees terminating with five (5) years or more of service will receive their full vacation pay for the year in which they terminate. ARTICLE XI-HOLIDAYS 1. The Employer shall allow time off with pay for the following legal holidays:
New Year's Day Time off with pay shall also be allowed on Good Friday, the day after Thanksgiving Day, Presidential Inauguration Day, and two (2) floating holidays in honor of George Meany that are treated as two (2) additional vacation days under Article X (Vacations). When and if the official observance of any of the aforementioned legal holidays falls on a Saturday time off with pay shall be allowed on the preceding Friday. When and if the official observance of any of these holidays falls on a Sunday, time off with pay shall be allowed on the following Monday. In addition, whenever Christmas Day, New Year's Day or Independence Day falls on a Thursday, the Friday immediately following shall be observed as a paid holiday; and whenever Christmas Day, New Year's Day or Independence Day falls on a Tuesday, the immediately preceding Monday shall be observed as a paid holiday. 2. In addition to the holidays provided in section 1 of this Article, employees shall have paid days off for December 27, 2005, December 28, 2005, December 29, 2005, and December 30, 2005. ARTICLE XII - GROUP INSURANCE AND RETIREMENT 1.
2. The Employer shall provide life insurance for those employees covered by this Agreement in an amount equal to the employee's annual salary plus $1,000. The life insurance will be reduced by one-half (0.5) at the time of retirement. In consultation with the Guild, the Employer shall offer group term life insurance to employees, who may elect to pay for it through payroll deduction. 3. No changes in the benefits under any such policies shall be made during the life of this Agreement without the express consent of the Guild. 4. Each employee who retires shall be given a check for $900. 5.
6. Single pension participants, presently and in the future, may elect lump sum payment to an heir similar to the present provisions for married participants, with such provision to be costless to the plan. 7. The pension plan will pay Medicare Part B premiums. 8. Active pension participants may elect up to $150,000 life insurance coverage naming a disabled dependent as the beneficiary, with the Employer paying one-half (1/2) of the premium cost. 9. A labor-management committee will be established to explore methods for funding applicable retiree health benefits. The Newspaper Guild and OPEIU will have an equal number of representatives. Management will have an equal number or less of representatives. 10. The Employer will have a 401(k) plan. Effective April 1, 2004, the Employer will match 100 percent of employee contributions up to one-half of one percent (0.5%)of the employee's annual salary, with a floor of $600 and, effective April 1, 2005 a floor of $650. A Guild representative will be on the 401(k) Board of Directors. 11. The Employer and the Guild jointly recognize that any prolonged tasks performed on VDT equipment can and may influence the development of eye fatigue and physical discomfort. For employees using such equipment three (3) or more hours a day on a regular basis:
12. The Employer will continue to make available, at employee cost, an elder care and nursing care home insurance policy for coverage of the employee, spouse or person with whom the employee maintains a committed relationship, parents and parents-in-law. 1. Employees may take time off with pay when illness or injury prevents them from working. 2. Any employee claiming to be physically unable to work for any period longer than three (3) consecutive weeks must, on request of the Employer, supply a certificate from the attending physician that the employee is physically unable to work, and may be required to be examined by a doctor chosen by the Employer. If the two (2) doctors are in disagreement, they shall choose a third doctor, whose determination shall be binding. The Employer shall pay the costs of the second and third examinations. 3. Physical inability to work due to pregnancy or childbirth will be considered to be the same as inability to work due to sickness. 4. Abuse of sick leave shall be subject to progressive discipline. 5. Long-Term Disability Insurance
6. Employees will be permitted to take up to two (2) hours for a reasonable number of nonemergency medical appointments, provided those appointments are scheduled early in the morning, late in the afternoon, or during lunch hours, where possible. 1. Upon written request with as much advance notice as possible, the Employer will grant employees leaves of absence for good and sufficient cause. Such leaves shall not be considered as service time in the accrual of rights and benefits under this Agreement but shall not cancel previous service in determining total service with the Employer for any reason. In the absence of express permission by the Employer, employees shall not be permitted to engage in gainful employment during such leaves. This prohibition on gainful employment shall not apply in the case of leaves granted under Sections 2, 3 and 5 of this Article. If the Employer grants or extends a leave of absence under Sections 1, 2, or 3 of this Article, it shall notify the Guild in writing. 2. In the event an employee is elected or appointed to any office or position in The Newspaper Guild or Communications Workers of America or a local of The Newspaper Guild or Communications Workers of America, this shall be considered good and sufficient cause for a leave of absence. An employee who is elected or appointed to any other labor position or a government position, may be granted a leave of absence by the Employer. 3. Employees inducted into the Armed Services of the United States, or recalled to active duty with the Armed Services, shall accumulate seniority and retain all other rights under this Agreement while in such service, and on return from such service may claim their original job, or if that job no longer exists, a comparable job with a salary no less than what they would have received had their service with the Employer been continuous, provided that they apply for reinstatement within 90 days after release from the Armed Services. 4. An employee, on the birth or adoption of his/her child, or gaining of a foster child, shall be permitted to take child-rearing leave of up to six (6) weeks with pay and/or additional child-rearing leave of up to five (5) months without pay, but without loss of seniority or benefits. Paid parental leave need not be taken consecutively. However, the scheduling of such leave will be mutually agreed on in advance. Unpaid parental leave will be taken consecutively. 5. Employees shall be provided leave with supplemental pay during periods of required jury service or resulting from subpoena by any court of competent jurisdiction and, for a period not to exceed two (2) weeks, during required military reserve training or during emergency military reserve duty. Supplemental pay from the Employer shall be in an amount which when combined with pay received by the employee for such jury duty, or such military reserve training, or such emergency duty, shall equal the total regular salary that would have been received by the employee from the Employer for the same period of time. Authorized leave under this Section shall not constitute a break in continuity of service and shall be considered as service time for all rights under this Agreement. 6. Employees who are eligible voters shall receive sufficient time off, not to exceed two (2) hours, to vote on election day. Employees on out-of-town assignments shall utilize absentee ballots. If this is not possible, the Employer shall approve employees returning to home bases in order to vote. 7. Employees shall be allowed five (5) days' compassionate leave without loss of pay in the event of death in the immediate family, which shall be limited to spouse or person with whom the employee immediately beforehand shared a residence and had maintained a committed relationship for at least six (6) months, son, daughter, mother, or father. Employees shall be allowed three (3) days' compassionate leave without loss of pay in the event of death in the immediate family, which shall be limited to mother-in-law, father-in-law, daughter-in-law, son-in-law, grandmother, grandfather (including spouses' grandparents), grandchild, step-mother, step-father, foster parent, sister, brother, or any other blood relative living under the same roof as the employee. Employees shall be allowed one (1) day of compassionate leave with pay for sister-in-law or brother-in-law, aunt, uncle, niece, or nephew. In addition, necessary time off for travel purposes as measured by the fastest practical mode of transportation shall be granted upon request of the employee when, in the Employer's judgment, such additional time is warranted. Employees shall be allowed one (1) day of compassionate leave with pay for the death of a co-worker. For the purposes of this section, a domestic partner's relatives shall be treated as spousal equivalents. 8.
9. Employees who donate blood will be allowed a maximum paid leave of one-half (1/2) day. 10. Employees with ten (10) years of service shall be permitted three (3) weeks' leave with pay, without loss of seniority or benefits, to care for a parent who is critically ill or suffers an acute illness, during their employment. If an employee's need for leave is foreseeable, the employee shall provide the Employer with reasonable prior notice of the requested leave. The Employer also may require certification or reasonable verification to substantiate the health condition of the parent. Employees with ten (10) years of service will be permitted three (3) weeks' leave with pay, without loss of seniority or benefits, to care for a terminally ill spouse or person with whom the employee shares or has shared within the last year a mutual residence and with whom the employee maintains a committed relationship, or child, during their employment. If an employee's need for leave is foreseeable, the employee shall provide the Employer with reasonable prior notice of the requested leave. The Employer also may require certification or reasonable verification to substantiate the terminal condition. 1. The Employer reserves the right to transfer employees, , as the conduct of its business requires, after written notice to the Guild and the affected employee and after consultation with the Guild. Such consultation shall begin no later than three (3) months prior to any anticipated transfer. The consultation shall include discussion of the Employer's operational needs and the relative seniority, skills, and experience of the affected employees. Additionally, the employees' preferences shall be taken into account. Such transfers shall not be used as disciplinary measures. 2. Employees shall keep the Employer informed of locations in which the employee wishes to work. 3. Any employee asked to transfer shall have the right to meet with the Employer to seek reconsideration and to explore other options. 4.
5 There shall be no reduction in salary or impairment of other benefits as a result of such transfer. 6. The Employer will pay transferred employees a flat moving allowance of $1,750.00, and the cost of moving household goods from one location to another. Costs for storage and removal therefrom will not be paid. 7. The Employer will pay the costs of one (1) trip for the employee and either the spouse or the person with whom the employee shares a residence and has maintained a committed relationship for at least six (6) months or dependent to the new home base area for the purpose of locating housing. 8. For the purpose of reimbursing expenses while the employee is finding housing, for a period of no more than ninety (90) days from the effective date of transfer, employees will receive out-of-town per diem and hotel reimbursement at the new location. This period may be extended upon mutual agreement to one hundred and twenty (120) days. Employees are expected to find housing as quickly as possible. 9. In the event an employee is required to move to another city as a condition of employment by the Employer and is discharged or laid off, it is agreed that the Employer will discuss with the Guild any reasonable claim for transportation or other moving expenses actually incurred in returning the employee and family to their home city. 10 No employee shall be required to transfer more than once during the term of this Agreement. 11. An employee is entitled to bid on vacant positions in accordance with Article V (Filling of Vacancies). However, the Employer shall not be required to voluntarily transfer an employee more than once during the term of this Agreement. 12. The Employer shall not be required to pay expenses related to an employee's voluntary lateral transfer more than once in six (6) years. 13. An employee who is required by the Employer to transfer will be reimbursed one-half (1/2) of the usual and customary realty commission up to $9,000 paid by the employee to a real estate agent in connection with the sale or purchase of the employee's residence. 14. An employee who is within one (1) year of being eligible to retire under the AFL-CIO Staff Retirement Plan on an unreduced benefit will not be required to accept a transfer as a condition of employment. This protection ceases to operate for an employee who works beyond the date he or she is eligible for such retirement. 15. Any National Field Representative with at least fifteen (15) years of seniority has the right to refuse a transfer so long as the employee is not eligible to retire under the AFL-CIO Staff Retirement Plan on an unreduced benefit. This protection ceases to operate for an employee who works beyond the date he or she is eligible for retirement. 1. Bylines - An employee's byline shall not be used over his or her protest on any written material. 2. Bulletin Boards - The Employer agrees to provide bulletin boards for the use of the Guild. 3. Outside Activities - Employees shall be free to engage in the practice of their craft or profession outside of normal working hours provided that such outside work does not conflict with the established policies of the Employer. No employee shall seek or accept any fee or honorarium from another party for work performed in his or her capacity as a representative of the Employer. 4.
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6. All existing established past practices in a labor relations sense not altered or removed by this Agreement shall remain in effect. Any economic benefit negotiated between the Employer and OPEIU, Local 2 during the term of this Agreement shall be extended to employees covered by this Agreement as well, except that employees covered by this Agreement shall not be entitled to any lump sum or wage increase negotiated prior to September 30, 2006 between the Employer and OPEIU Local 2. Any lump sum or wage increase negotiated after September 30, 2006 between the Employer and OPEIU Local 2 shall be extended to employees covered by this Agreement. The Employer retains its traditional management rights not limited by this Agreement. 7. The Employer shall continue the Dependent Care Reimbursement Account plan, established in 1991 pursuant to Section 129(a) of the Internal Revenue Code. Once claims equal or exceed the statutory maximum, the participant need not file additional claims; instead the claims already filed suffice for authorizing payment up to the maximum. 8.
9.
10. Guild-represented employees are permitted a full day off with pay to attend the AFL-CIO Guild unit's retreat held not more than once a year in conjunction with the Field Mobilization Department's annual retreat. The Employer's practice of paying half the costs of the retreat (exclusive of lodging and transportation) shall continue. 11. The Employer shall pay the membership dues or association fees for an employee required to have such membership or belong to such association in order to perform assigned AFL-CIO work. This provision excludes payments required under Article II (Union Security). 12. Employees may make reasonable personal use of office equipment, including computers, provided the use does not interfere with the employee's performance of his or her job duties. Except for equipment, such as, without limitation, a laptop computer, assigned to an employee, office equipment shall not be removed from the Employer's premises without advance consent. 13. Through the labor-management committee, the Employer in consultation with the Guild, shall explore emergency drop-in day care options for employees' children. In the meantime, headquarters employees shall not bring children to work except for limited periods of time in cases of emergency or when otherwise absolutely necessary.
14. The Employer and the Guild shall select up to two (2) representatives each to serve on a joint safety and health committee. The committee shall be established within thirty (30) days after the Guild ratifies this Agreement. 1. The Employer and the Guild shall establish an education committee consisting of two (2) representatives from the Employer and two (2) representatives from the Guild. The committee shall keep the Guild informed of available educational programs at the George Meany Center for Labor Studies (Center) as well as other educational opportunities which could be of value to the Guild members. 2. When an employee is required by the Employer to take further education, the Employer will pay the cost of, and provide the time for, such education. 3. Employees shall be allowed two (2) weeks each calendar year with pay to participate in the National Labor College degree program at the expense of the Employer and with the approval of the Secretary-Treasurer. Out-of-town employees in the College degree program shall be paid transportation costs by the cheapest airfare available to and from the Center, where residence is greater than four hundred (400) miles from the Center. Employees less than four hundred (400) miles will use the Employer or personal car as transportation. An employee taking two (2) or more courses shall be given a full day of paid leave for each day during this period. An employee taking one (1) course shall be given a half day of paid leave for each day during this period. Field employees shall take two (2) or more courses. 4. Employees may be allowed, with the approval of his or her department director, time off to attend institutes at the Center. Pay and expenses shall be borne by the Employer. 5. An employee who is pursuing a course of study related to work performed by the Employer, conducted by a recognized non-profit college or university, or by an educational institution accredited by nationally recognized agencies or associations, will be reimbursed for the costs of tuition, fees, and textbooks incidental to such course of study up to a maximum of $2,000.00 per school year (September-August). The following requirements must be met in order for an employee to be eligible for reimbursement under this provision:
6. The Guild will be given one (1) month's notice of intent to introduce new or modified equipment, machines, apparatus, computer software, or technological processes. Affected employees will be given adequate training at the expense and on the time of the Employer. Each such employee will be retained in his or her present position or a comparable one. If reassigned to a comparable position, the employee will suffer no reduction in pay and will receive future salary increases as if retained in his or her former position. ARTICLE XVIII - EXPENSES AND TRANSPORTATION 1. The present Employer policy concerning the payment of all legitimate expenses incurred by AFL-CIO employees in the service of the Employer shall apply. Employees using their personal automobiles for a pre-approved business trip will be reimbursed for mileage, at the IRS rate, and for tolls. Employees attending a conference with the approval of their department directors shall be reimbursed for the conference fees. 2. The Employer shall provide a monthly car allowance or, alternatively at the employee's option, a leased car to National Field Representatives employed as of April 1, 1998, other than temporary or probationary employees. A probationary permanent National Field Representative employed as of April 1, 1998, upon completion of probation, shall be provided by the Employer with a monthly car allowance or, alternatively at the employee's option, a leased car. Other permanent field employees employed as of April 1, 1998 (not limited to employees in the Field Mobilization department and hereinafter referred to as "field employees") whose jobs require a car shall be provided a monthly car allowance or, alternatively at the employee's option, a leased car. An employee employed as of April 1, 1998, who has a leased car through the Employer may elect permanently, upon the expiration of his/her current lease agreement, to furnish his/her own automobile in accordance with Subsection (a) below. The Employer shall provide a monthly car allowance under Subsection (a) below to permanent field employees, hired after April 1, 1998, other than probationary employees, whose jobs require a car.
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