|
AGREEMENT
BETWEEN
AGENCE
FRANCE-PRESSE
AND
WASHINGTON-BALTIMORE NEWSPAPER GUILD
Local 32035 The Newspaper Guild-Communications
Workers of America, AFL-CIO, CLC
January
1, 2005 - December 31, 2006
Table
of Contents
Article
I – COVERAGE
Article II - FAIR EMPLOYMENT PRACTICES
Article III - UNION DUES CHECKOFF
Article
IV – INFORMATION
Article
V - GRIEVANCE PROCEDURE
Article VI – ARBITRATION
ARTICLE
VII – HIRING
ARTICLE
VIII - SALARIES AND WAGES
Article IX - NORMAL WORK
Article X - HOURS AND OVERTIME
Article XI - JOB SECURITY
Article
XII - GUILD BUSINESS
Article
XIII - EXPENSES
Article XIV – HOLIDAYS
Article XV – VACATION
Article XVI - SICK LEAVE AND WELFARE
Article XVII - LEAVES OF ABSENCE
Article XVIII - PENSION PLAN AND INSURANCE
Article
XIX - SEVERANCE
Article XX – MISCELLANEOUS
Article XXI – DURATION
Side Letter #1 - TECHNICAL
DEPARTMENT
Side
Letter #2 - TEMPORARY FOREIGN TRANSFER
Article
I - COVERAGE
1.
a.
This agreement covers all editorial, newsphoto,
broadcast news, research, economic and financial
desk, technical, administration, and sales
and marketing department Employees of the
Employer in the Washington, Los Angeles, San
Francisco, Miami, Chicago and New York bureaus,
and in other bureaus within the United States
in which the Guild demonstrates majority support
through a card check, including, but not limited
to, photographers, photo desk editors, reporters,
desk editors, senior editors, archivists,
computer and photo technicians, receptionists,
secretaries, accountants, marketing sales
associates and marketing sales managers and
any other Employee engaged in the collection
and dissemination of news and information
or the maintenance and operation of machines
needed for such activities, and accounting
and sales and marketing functions. This Agreement
shall not cover executives of the company,
confidential secretaries and any supervisors
as defined under the law.
b.
Except as limited by specific terms of this
Agreement, the Guild agrees that Agence France-Presse
retains all its rights to operate and manage
all aspects of its business as it deems expedient,
including, consistent with past practice,
the right to contract out.
2.
The jurisdiction of the Guild shall cover all
work performed by Employees in the departments
and classifications listed in (1) above, and
shall include new or additional work in departments
covered by this Agreement and requiring the
same or similar skills for which bargaining
unit Employees are currently employed.
3.
This contract shall cover all full-time, part-time
and temporary Employees whose duties are described
in Article I, Section 1, excepting interns,
stringers and freelancers. However, stringers
and freelancers shall not be used:
a.
to regularly perform regularly scheduled bureau
or department duties or assignments. Stringers
may be used for coverage of the White House
consistent with past practice.
b.
to reduce the overall work force or Employee
benefits covered by this agreement;.
4.
Temporary Employees
a.
A temporary Employee is one who is employed
for a particular project or a specified time
not to exceed six months without consultation
with the Guild and not to exceed eight months
without agreement by the Guild. No consultation
shall be necessary when Agence France-Presse
hires a temporary Employee to fill in for
a regular full-time or part-time Employee
on a leave of absence as set forth in Article
XVII. Notice of the name of the temporary
Employee and the person he or she replaces
shall be provided to the Guild.
b. A temporary Employee shall not eliminate
or displace a regular or full-time Employee.
The foregoing is not intended to change existing
policy with respect to temporary Employees.
c.
Within one week of hiring a temporary Employee,
Agence France-Presse shall notify the Guild,
in writing, with the name of the temporary
employee, the work he or she is undertaking
with the company and the projected length
of time she or he is expected to work.
d. Notwithstanding the foregoing, the Employer
may use an individual employed through a temporary-employment
agency for a specified time not to exceed
six (6) months to fill in during the absence
of an Employee in the following positions:
Clerical Personnel, Receptionist, Copy Aide,
Inventory Supervisor, News Assistant, or Messenger.
Such replacements obtained through a temporary-
employment agency shall be excluded from this
agreement. Within one week of using such a
replacement, Agence France-Presse shall notify
the Guild, in writing, of the name and position
of the employee being replaced, the reason
for replacement, the name of such replacement
individual and the projected length of time
she or he is expected to work.
5.
Part-time Employees
a.
A part-time Employee is one who is hired to
work regularly less than 80% of the workweek
as described in this contract.
b.
A part-time Employee shall be covered by the
job security provisions of this agreement.
c.
A part-time Employee shall not be employed
where such employment would eliminate or displace
a regular full-time Employee without agreement
of the Guild, provided that part-time employees
may be used consistent with the past practice
established between the parties.
d.
A part-time Employee will not suffer a reduction
in his or her hours of work except in accordance
with the provisions of Article XI (Job Security),
Section 8. The number of part-time hours may
change, but may not be less than the number
agreed upon at the time of hiring.
e.
The Employer may employ a part-time Employee
for no fixed or guaranteed number of hours,
provided the Employee works no more than an
average of 15 hours per week measured over
a three-month period.
6.
All temporary and part-time Employees employed
by Agence France-Presse shall be subject to
Article III (Union Dues Checkoff) of this agreement.
The terms of this agreement described in Article
VIII (Salaries and Wages) will apply to temporary
and part-time Employees (on an hourly basis)
from the first day of their employment, in accordance
with their classification and experience.
7.
a.
Part-time Employees who work over 15 hours
per week will receive severance pay, sick
leave, vacation pay, holiday pay (if normally
scheduled to work), medical insurance, life
insurance and pension on a pro-rata basis,
subject to the terms of the applicable contract
provisions and plans.
b.
Temporary Employees who complete three (3)
months of continuous service will receive
sick leave, vacation and holiday pay based
on actual service on a pro-rata basis calculated
from their starting date.
8.
An intern is an individual working on a temporary
basis. An intern shall not validate to the wire.
An intern shall not eliminate or displace a
full-time, part-time or temporary Employee.
Article
II -- FAIR EMPLOYMENT PRACTICES
1. Agence France-Presse shall continue its policy
of non-discrimination in regards to its hiring
and promoting of Employees and shall treat and
promote all Employees without regard to age,
sex, race, color, creed, religion, national
origin, marital or parental status, sexual orientation,
irrelevant mental or physical handicap, political
activities or political beliefs, or criticism
of the Employer either orally or in print.
2.
Agence France-Presse shall actively recruit
women and members of minority groups for all
posts covered by this agreement. The Employer's
hiring standards shall not exceed those required
for the job. "Actively recruit" shall mean that
all notification of jobs being made available
shall be sent to the following organizations:
1.
Asian American Journalists Association 1765
Sutter Street, Room 1000 San Francisco, CA
94115 2. National Association of Hispanic
Journalists National Press Building, Suite
1193 Washington, DC 20045
3.
National Association of Black Journalists
8701 Adelphi Road Hyattsville, MD 20783
4.
Women In Communications 1250 I Street, NW,
Suite 305 Washington, DC 20005
3.
Agence France-Presse will actively support
in its recruitment, transfers and promotions
all equal opportunity legislation and regulations
in force within the United States and all
U.S. territories.
4.
Any problems or issues arising under this
Article shall be handled by the grievance
procedure set out in Article V.
Article
III -- UNION DUES CHECKOFF
1. Upon a regular Employee's voluntary written
request, the Employer shall deduct from the
earnings of such an Employee and pay to the
Guild an amount equal to current Guild dues.
Such amount shall be deducted from the Employee's
earnings in accordance with the certified schedules
to be furnished by the Guild unless such authorization
is revoked in writing by the Employee. Dues
schedule may be amended by the Guild at any
time.
2.
Such sums shall be paid to the Treasurer of
the Guild not later than ten (10) days after
the deductions are made.
3. The dues deduction assignment shall be made
upon the following form:
ASSIGNMENT and AUTHORIZATION TO DEDUCT GUILD
MEMBERSHIP DUES
To:
Agence France-Presse
I hereby assign the Washington-Baltimore Newspaper
Guild, and authorize the Employer to deduct
monthly from any salary earned by me as an Employee,
an amount equal to all my Guild dues, as certified
by the Treasurer of the Washington-Baltimore
Newspaper Guild starting in the first week of
the month following the date of this assignment.
I further authorize and request the Employer
to remit the amount deducted to the Washington-Baltimore
Newspaper Guild no later than ten (10) days
after the deduction is made.
This assignment and authorization shall remain
in effect until revoked by me, but shall be
irrevocable for one year from the date appearing
below or until the termination of the contract
between Agence France-Presse and the Guild,
whichever occurs sooner.
I
further agree and direct that this assignment
and authorization shall be continued automatically
and shall be irrevocable for successive periods
of one year each or for the period of each succeeding
applicable contract between the Employer and
the Guild, whichever period shall be shorter,
unless written notice of its revocation is given
by me to the Employer and to the Guild by registered
mail not more than 30 days and not less than
15 days prior to the expiration of each one-year
period or of each applicable contract between
the Employer and the Guild, whichever occurs
sooner. Such notice of revocation shall become
effective for the calendar month following the
calendar month in which the Employer receives
it. This assignment and authorization supersedes
all previous assignments and authorizations
previously given by me in relation to my Guild
dues.
_________________________________________
Employee's signature
_________________________________________
Date
Article
IV -- INFORMATION
1.
The Employer agrees to furnish the Guild with
the following information regarding all Employees
covered by this agreement:
a.
Name, address, sex and date of birth,
b. Date of hire,
c.
Job classification,
d. Experience rating and experience anniversary
date,
e.
Salary, including the precise formula for
any commission or bonus arrangements, or other
forms of compensation,
f. Full-time, part-time or temporary status,
g. Regularly scheduled weekly hours of work.
h.
A numerical grouping by minority shall be
provided to the Guild once a year.
2.
The Employer shall notify the Guild monthly
in writing of:
a.
Merit pay increases granted by name of Employee,
individual amount, resulting new salary, and
effective date,
b. General and experience increases paid by
name of Employee, individual amount, resulting
new salary, and effective date,
c.
Changes in job classification, salary changes
by reason thereof, and effective date,
d. Resignations, retirements, deaths and other
revisions in the data listed in Section 1
and effective dates.
3.
Within two weeks after hiring a new Employee,
the Employer shall notify the Guild in writing
with the data specified in Section 1 of this
Article for each new Guild Employee.
4.
The Employer shall supply the Guild with full
information as to hiring and promotional standards
and procedures, and any changes in such standards
and procedures.
5.
Access to Employee file.
a.
The Employer shall furnish to the Employee
and to the Guild, if a written release has
been provided from the Employee to the Employer
requesting that the Guild have access to his/her
files, a copy of any criticism, commendation,
appraisal or rating of such Employee's performance
in the Employee's job or any other comment
or notation regarding the Employee simultaneously
with its being placed in the Employee's personnel
file. A blanket release may be given by the
employee and shall be effective until revoked.
b. The Employee and/or the Guild shall be
allowed to place in such a file a response
to anything contained therein which such Employee
and/or the Guild deems to be adverse.
c.
An Employee shall have the right to review
the Employee's personnel file by appointment
and upon request shall be provided copies
of all material in the Employee's file.
d. No derogatory personnel record shall have
any effect after two years following its date.
After two years, all derogatory documents
shall be removed and stored in a closed file
that shall not be consulted in making personnel
decisions.
Article
V -- GRIEVANCE PROCEDURE
1.
The term "grievance" shall mean any dispute
between AFP and the Guild, or between AFP and
any Employee covered by this Agreement, arising
from the application of this Agreement or affecting
the relations between the Employee and the Employer.
The Guild shall designate a committee of three
(3) members of its own choosing to take up with
the Employer or its authorized agent any grievances
arising during the term of this Agreement.
2.
a.
A grievance shall be filed in writing within
sixty (60) calendar days of when the incident
becomes known or should have become
known to the Employee or the Guild, whichever
date is earliest, specifying the nature of
the grievance and the contractual article
or articles, if any, upon which the grievance
is based. In the event a grievance is not
filed within sixty (60) calendar days from
the time the incident becomes known or should
have become known to the Employee or the Guild,
the grievance shall be considered resolved
and no further action, including pursuit of
the grievance in arbitration, shall be allowed.
b.
An employee shall discuss the grievance with
the Employee's supervisor, department head
or bureau chief. Every reasonable effort shall
be made to resolve differences at the lowest
level possible.
c.
As an alternative to subsection (b) above,
a Guild representative shall discuss the grievance
with the Employee's supervisor, department
head or bureau chief. Every reasonable effort
shall be made to resolve differences at the
lowest level possible.
3.
The Employer agrees to meet with the grievance
committee designated by the Guild within five
(5) calendar days after the request for such
a meeting to resolve a grievance. The Guild
agrees to request such a meeting in writing.
4.
Reasonable efforts shall be made to resolve
the grievance. The Employer shall give the Guild
its written response within ten (10) calendar
days of the meeting.
5.
Any of the above time limits can be extended
for a reasonable period by mutual agreement.
Article
VI -- ARBITRATION
1.
Any grievance may be appealed to arbitration
in writing within thirty (30) calendar days
of AFP's written response to the grievance as
set forth in Article V, Section 4 above. A grievance
that is not appealed to arbitration within the
time specified above shall be deemed settled
and shall not be subject to arbitration under
this Article. This time limit may be extended
by mutual consent of the Employer and the Guild.
Notwithstanding any other provisions of this
Agreement, claims involving the discipline or
discharge of Employees during their probationary
period shall not be subject to arbitration.
2.
Any question of whether or not a matter is arbitrable
shall be submitted to final and binding arbitration.
3.
Arbitrations shall be conducted according to
the voluntary labor arbitration rules of the
American Arbitration Association.
4.
If the Arbitrator sustains the grievance in
whole or in part, the Arbitrator shall have
the authority to grant appropriate relief.
5.
The decision of the Arbitrator in any such arbitration
shall be final and binding, subject to judicial
review as provided by law.
6.
The expenses 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.
Article
VII -- HIRING
1.
The Employer shall notify the Guild of each
vacancy and shall give full consideration to
the hiring of candidates supplied by the Guild.
2.
The Employer agrees not to have or enter into
an agreement with another Employer binding such
other Employer not to offer or give employment
to any past or current Employee of the Employer.
3.
a.
All persons covered by this Agreement shall
be informed, upon being offered employment,
of Guild representation and shall be furnished
the name of the Guild unit representative.
b. The Guild shall also be furnished with
the name and contact telephone number, when
available, for any new Employee as soon as
he or she has accepted employment.
c.
All current Employees shall be advised promptly
of any vacancies in U.S. bureaus before advertising
those vacancies outside AFP and shall be given
the first option to fill those vacancies unless
an outside applicant's qualifications are
superior to those of the Employee.
Article
VIII -- SALARIES AND WAGES
1.
a.
The following weekly minimum salaries shall
be in effect during the period of this Agreement
and shall be paid on a monthly basis.
SALARIES
AND WAGES
|
Writers,
Editors. Photographers, Photo Editors,
Archivist, Researchers
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
First
Year
|
$
715.18 |
$
736.64 |
| Second
Year |
$
783.07 |
$
806.56 |
| Third
Year |
$
827.78 |
$
852.61 |
| Fourth
Year |
$
897.66 |
$
924.59 |
| Fifth
Year |
$
1,014.53 |
$
1,044.97 |
| Sixth
Year |
$
1,134.77 |
$
1,168.81 |
| Seventh
Year |
$
1,228.33 |
$
1,265.18 |
|
Clerical
Personnel
|
|
Experience
|
1/1/2005
|
1/1/2006
|
| First Year |
$ 585.09 |
$ 602.64 |
| Second Year |
$ 631.21 |
$ 650.15 |
| Third
Year |
$
733.66 |
$
755.67 |
|
Receptionists
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
First
Year
|
$
606.19 |
$
624.38 |
| Second
Year |
$
650.08 |
$
669.58 |
| Third
Year |
$
664.00 |
$
683.92 |
| Fourth
Year |
$ 715.34 |
$ 736.80 |
|
Inventory
Supervisors, Tabulators, Technicians,
Documentalists
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
First
Year
|
$
686.60
|
$
707.20
|
| Second
Year |
$
716.88 |
$
738.39 |
| Third
Year |
$
806.29 |
$
830.48 |
| Fourth
Year |
$
853.15 |
$
878.74 |
| Fifth
Year |
$
965.30 |
$
994.26 |
| Sixth
Year |
$
1,035.13 |
$
1,066.18 |
|
Copy
Aides, News Assistants, Messengers
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
All
Years
|
$
546.28
|
$ 562.67
|
|
Accounts
Payable and Accounts Receivable/Personnel
Accountants, Regional Accountants, Sales
Associates, Sales Managers
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
First
Year
|
$
661.78
|
$
681.63
|
| Second
Year |
$
715.97 |
$
737.45 |
| Third
Year |
$
775.23 |
$
798.49 |
| Fourth
Year |
$
831.94 |
$
856.90 |
| Fifth
Year |
$
897.90 |
$
924.84 |
|
Senior
Accountants
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
All
Years
|
$
1,008.41
|
$
1,038.66
|
|
Senior
English Desk Editor
|
|
Experience
|
1/1/2005
|
1/1/2006
|
|
All
Years
|
$
1,412.58
|
$
1,454.96
|
b.
Management shall have the sole discretion
to promote or place employees into the Senior
Editor position, and its decision to promote
or place employees into this position shall
not be subject to the grievance/arbitration
provisions of this Agreement. Management also
shall have the right to remove employees from
this position, and its decision to remove
an employee from the position shall be subject
to the grievance/arbitration provisions of
this Agreement only in the event the Guild
can establish that its decision was arbitrary
and capricious.
c. Employees based in New York City shall
have their weekly base salary, excluding seniority
primes, overtime primes, sales commissions
and sales bonuses, increased to $25 over base.
New York employees whose base salaries already
are at least $25 over base shall not be covered
by this provision.
2.
In the application of the foregoing pay schedules,
for those hired after implementation of this
agreement, "experience" shall mean experience
gained at Agence France-Presse or elsewhere,
which, in the judgment of the Employer, is comparable.
The Employer agrees that it will consider any
information submitted by the Guild bearing on
this matter.
3.
All increases granted on the above scale shall
be made on the first payday closest to the anniversary
date of the Employee's hire.
4.
There shall be no pay cuts or decreases in salary
or compensation, except that individuals removed
from the Senior Editor position and assigned
to other positions shall receive the scale applicable
to the position into which they have been assigned,
and shall not continue to receive Senior Editor
scale.
5.
Night differentials. When 50% or more
of hours worked continuously (without regard
to meal breaks) fall within the following hours,
AFP will pay the corresponding differentials
for the entire continuous working period, including
meal breaks:
a.
Between 12:00 midnight and 8:00 a.m.-- 20%
b.
Between 4:00 p.m. and 12:00 midnight -- 7.5%
c.
Employees required to start work between 4:00
a.m. and 6:00 a.m. shall receive a 7.5% differential
for their shift, provided, however, that this
differential shall not apply if the employee
is entitled to a night differential pursuant
to subsection a. above.
6.
Any Employee assigned to the slot position on
the English Desk two hours or more during a
shift shall be paid a premium of 20 percent
of his/her pay for all hours worked in that
position up to a maximum of eight hours per
shift. This differential shall apply to any
editor assigned to the slot position between
the hours of 8:00 a.m.and 10:30 p.m. seven days
a week.
7.
If the rise in the Consumer Price Index (CPI)
for the year 2005 equals or exceeds 3%, then
the rate of all salary increases which are effective
January 1, 2006 for the year 2006 will be equal
to 100% of the rise of the CPI.
a. The CPI to be used is the Bureau of Labor
Statistics' Consumer Price Index for All Urban
Consumers for all Cities (1982-1984 = 100),
hereinafter called the Index, which shall
be used for all measurements in the cost of
living. The Index for November 2005 released
in December 2005, over the Index for November
2004, published in December 2004, shall be
used to calculate the change in the CPI for
2005.
b. In no event will a decline in the Index
cause a reduction in salary of any Employee.
c.
In the event that the Bureau of Labor Statistics
fails to publish the Index, or shall change
its base period, the parties shall meet to
discuss and apply any such adjustments.
8.
a.
The minimum wage rates established in this
agreement are minimums only. For those Employees
who are paid at the top of their scales and
no longer entitled to automatic seniority
raises, the Employer shall, on an annual basis,
review each Employee's performance and may
grant merit increases in the sole discretion
of management.
b.
However, this shall not preclude any Employee
from requesting a merit review at any time,
nor management from granting a merit increase
at any time.
c.
An employee paid above the top minimum of
his or her classification shall maintain the
same dollar differential above the new top
minimum of the Employee's classification when
minimums are increased.
9.
a.
Employees who are paid at the top of their
scale shall receive the following seniority
differential: -5% of base salary after 10
years of employment with AFP; -7.5% of base
salary after 15 years of employment with AFP;
-10% of base salary after 20 years of employment
with AFP.
b.
Seniority shall be defined, under this paragraph
and for the purposes of vacation and sick
leave entitlement (Articles XV and XVI ) and
for purposes of layoffs (Article XI) of this
Agreement, as the length of continuous employment,
including periods of full-time, part-time
or temporary employment, as an employee of
AFP.
10.
The Employer shall, if requested by a new hire,
within one calendar month of the hiring, arrange
for that Employee's paychecks to be deposited
automatically to his or her bank account. The
Employer shall provide such Employee with the
pay stubs as laid out in Article VIII (Salaries
and Wages), Section 11. Existing Employees may
elect in or out of the direct deposit program,
with written notice to AFP, twice a year (January
and June).
11.
The total hours worked, differentials, deductions,
gross and net pay, overtime pay and any other
information related to hours worked or salary
earned shall be clearly marked on the Employee's
pay stub. A sample pay stub with explanations
of the various items shall be made available
to all Employees.
12.
In addition to salary, Sales Managers and Marketing
Sales Associates are paid commission on the
following amounts of annual business they generate
pursuant to the sales commission plan currently
in effect:
| Amount
of sales |
Commission
|
| $0
to $24,999 |
3.00 percent |
| $25,000
to $74,999 |
4.00
percent |
| $75,000
to $149,999 |
5.00
percent |
| $150,000
to $299,999 |
6.00
percent |
| $300,000
or more |
6.50
percent |
Sales
shall refer to amounts actually paid by subscribers.
Any arrears owed by a subscriber, or sums unpaid
after a client cancels a subscription, shall
not be taken in account in calculating the commission.
13.
Annually, AFP management, in consultation with
AFP marketing department personnel, shall establish
individual and regional goals for new sales.
These sales goals shall be provided to all Marketing
Department Employees prior to February 15 of
each year. Individual and regional sales goals
shall be reasonable based upon previous sales,
anticipated market conditions and areas of development
for AFP. Employees who meet their individual
goals and remain on the payroll on the date
the bonus is paid shall receive a bonus equal
to two weeks' salary. If the Regional goal is
met, all Guild-covered Marketing Department
employees who remain on the payroll on the date
the bonus is paid shall receive a bonus equal
to two additional weeks of salary. Both individual
and regional bonuses shall be paid by the end
of March of the following year. These bonuses
are in addition to commissions for sales as
set forth in this Article of the Agreement and
shall also be independent of one another; an
employee who fails to achieve his or her individual
goals shall still be eligible for a Regional
bonus based upon Regional performance.
14.
For Employees in the Administration and Marketing
Departments, the Employer agrees to continue
its policy of adjusting Employee work schedules
consistent with the needs of the business and
consistent with past practices.
Article
IX -- NORMAL WORK
1.
The Employer shall determine the size and composition
of its staff and shall maintain an adequate
working force at all times so that there is
no imposition of any unreasonable amount or
type of work on any Employee.
2.
Should the Employer create a new job category
or new job duty within the Guild's jurisdiction,
the Employer shall notify the Guild and the
parties shall negotiate a new minimum compensation.
If agreement on minimum compensation cannot
be reached, the controversy shall be submitted
to final and binding arbitration under the procedure
described in Article V (Grievance Procedure)
and Article VI (Arbitration). A change in the
method of operation shall not be considered
a new job duty unless such change materially
alters the job function.
Article
X -- HOURS AND OVERTIME
1.
Definition of regular working hours. The workweek
shall consist of the seven-day period beginning
at 12:01 a.m. on Monday and ending at midnight
on Sunday. The normal workweek shall consist
of five (5) shifts of eight (8) hours each,
with each shift to include a break not to exceed
one (1) hour. Employees who work four hours
or more beyond their normal shift shall be entitled
to a one-half hour break for each four hours
worked. The breaks shall not be taken at the
beginning or at the end of the shift without
the agreement of the Department Head or the
Desk Chief. An Employee, with the consent of
the on-site Supervisor, who works through his
or her entire one (1) hour break shall be compensated
at the rate of one (1) hour in compensatory
time off in addition to other compensation due
the Employee under this Agreement, provided
that this shall not apply to Employees working
the overnight shift.
2.
Employees assigned and required to work on Sunday
shall receive a Sunday pay differential of 7.5%
of their regular daily rate in addition to any
other shift differential which may apply. An
Employee may designate a different Sabbath day
for such premium pay. However, no cumulative
differential for Sunday work shall exceed 15%.
3.
a. Overtime, calculated as an increment to
the base pay, is defined as work performed
beyond the eight (8) hours of any workday
or the 40 hours of any five-day workweek,
as defined in Section 1, except when Employees
work six consecutive days in one week and
four consecutive days during a following week
to enable them to be off on weekend days as
per Article X, Section 14, in which event
Employees shall not be entitled to overtime
for such work.
b. Overtime pay shall be accorded in addition
to evening, overnight and Sunday differentials
and slot-pay premiums. But, overtime pay,
where specified under this Agreement, shall
supersede, and shall not be cumulative with,
any other premiums, differentials or other
increments to salary.
c. No overtime shall be paid for existing
agreed upon flex time programs which are in
effect at the signing of this Agreement or
other arrangements agreed to by the Employer
and the Guild.
d.
For weeks in which a recognized holiday falls,
the following formulas shall apply:
i. If the Employee does not work on the
holiday and works a total of 32 hours in
the week, she/he is entitled to base pay
and no extra compensation.
ii. If the Employee works on the holiday
and works a total of 32 hours in that week,
she/he shall receive 50 percent over base
pay for the holiday worked.
iii.
If the Employee works on a holiday and works
a total of 40 hours in the week, she/he
shall receive 50 percent over base pay for
the holiday worked and eight hours of overtime
for the fifth day worked.
iv.
If the Employee does not work on the holiday
and works a total of 40 hours in the week,
she/he shall receive eight hours of overtime
for the fifth day worked.
v.
In all cases enumerated in this subsection,
the Employee shall have the choice to receive
the prescribed compensation as money or
time off.
vi.
Vacation scheduled by the Employer, under
Article XV, Section 4(b), shall be counted
as time worked in calculating compensation
due an Employee. Other paid time off taken
by an Employee in the week in which a recognized
holiday falls shall not be counted in determining
compensation due the Employee.
e.
An Employee on an in-town or out-of-town assignment
who works 12 or more consecutive hours shall
receive an additional premium of 10 percent
of the daily compensation, base pay, plus
the in-town or out-of-town differential, to
which the Employee is entitled for such a
shift notwithstanding any other provision
of this Agreement.
4. It is the Employer's opinion and the Union
does not concede, that journalists, editors
and photographers in the District of Columbia
are deemed professionals and are not entitled
to overtime pay. Notwithstanding that position,
and for this contract only, the Employer shall
voluntarily provide them with cash-only overtime
payment at the rate of one and one half times
their regular rate of pay. However, the overtime
pay shall not be given to those who earn 15%
or more over the minimums set forth in this
agreement.
5. Photographers, sports desk editors and English
desk editors detached from the desk for long-
term assignment, shall receive a 15% premium
in lieu of overtime, all differentials and other
increments to salary except as specifically
provided in this Agreement.
6.
There shall be no combination or pyramiding
of premiums, pay in lieu of overtime, night
or shift differentials or other increments to
salary except as specifically provided in this
Agreement.
7.
While in Washington and not on an in-town assignment:
a.
No Employee shall be scheduled to work more
than five consecutive days in a workweek except
as noted in Article X, Section 3 (a).
b.
Employees working more than six consecutive
days over two weeks shall be paid at the rate
of base pay plus 50% pay for each consecutive
day worked beyond the sixth workday, except
if the condition is at the Employee's request.
Holidays and sick days granted under this
Agreement shall not affect an Employee's entitlement
to the premium set forth above.
c.
Employees receiving consecutive-day pay shall
receive this premium in addition to a night
differential, but shall not otherwise be entitled
to premiums on top of premiums.
8.
Days off shall be consecutive throughout, unless
an Employee agrees to separated days off, and
a day off shall consist of at least 24 hours
between work shifts, and two days off shall
consist of at least 48 hours between work shifts.
9.
Work schedules shall be posted each Thursday
by noon, at least four weeks and one day in
advance of the week for which they apply.
a.
Changes may be made by the Employer in the
work schedules to meet unforeseen situations,
news emergencies resulting from extraordinary
news developments or staff emergencies resulting
from the inability of any Employee or Employees
to work a scheduled shift.
b. Work schedule changes made less than one
week before they are to take effect may be
made only with the consent of the Employee(s)
affected.
10.
Employees shall have a minimum 12 hours off
between work shifts. Employees who begin work
less than 12 hours after their previous shift
shall be paid at a rate of time and one-half
for the period worked before the 12-hour interval
has elapsed.
11.
a. Time spent traveling to or on an assignment
(but not commuting to AFP's premises or the
Employee's normal place of work, except as
otherwise provided for in Section 22 of this
Article) shall be considered time on the job.
b.
All Employees shall be paid twenty percent
(20%) over their daily base pay for each day
they are on out-of-town assignment. This differential
shall apply to all out-of-town assignments
and be in lieu of any overtime or other differentials,
but for Employees who receive the 15% prime
it shall be paid in addition to the prime,
except that it shall be paid in addition to
the premium set forth in Section 3(e) above.
c. Senior Editors, Editors and Photo Editors
shall be paid 15% over their daily base pay
rate for each day they are on in-town assignment
for work beyond the standard workday or workweek.
This differential shall apply to all in-town
assignments and be in lieu of any overtime
or other differentials, except that it shall
be paid in addition to the premium set forth
in Section 3(e) above.
d. An Employee who works a split day, part
in the office (for more than one hour) and
part on an in-town assignment, shall receive
regular overtime for work beyond the standard
workday or workweek. Working on the assignment
in the office shall constitute being on assignment.
e.
An employee who, while on in-town or out-of-town
assignment, works through his or her scheduled
days off shall be reimbursed for said days
with not less than a full day of compensatory
time off to be accrued at the straight-time
rate.
f.
Days spent on in-town or out-of-town assignment
shall be counted when determining eligibility
for overtime or consecutive-day pay for Employees
who complete their assignment and return to
normal work without a break. But those days
spent on in-town or out-of-town assignment
shall not be subject to consecutive-day pay
themselves.
g.
Senior Editors, Writers, Editors and Photo
Editors shall not be scheduled to work more
than four hours in the office on a day when
the Employee is scheduled to spend the night
outof-town on assignment, except in the event
of unforeseen circumstances.
12.
Employees whose overtime assignments deprive
them of adequate rest intervals between scheduled
work shifts shall be allowed reasonable recuperation
time before reporting for the next regularly
scheduled starting time, subject to the approval
of the department head or bureau chief. Such
approval shall not be unreasonably withheld.
13.
The Employer shall maintain a record of all
overtime worked by Employees who are covered
under this Agreement and are entitled to overtime.
Such a record shall be made available for inspection
to the Guild upon request.
14.
Employees called to serve jury duty or up to
two weeks in the military reserve shall suffer
no loss of income during the period of such
service. Notice of such service must be given
to the Employer as soon as possible after the
Employee receives such notice.
15.
Employees who work the five- day week shall
be guaranteed an average of at least one Saturday/Sunday
weekend or two single weekend days off every
six weeks. However, no employee shall be scheduled
for more than four weeks without at least one
weekend day off, except by mutual consent.
16.
a. Except for Employees who volunteer to work
shifts ending after midnight, scheduling for
all shifts -- including shifts regularly commencing
between the hours of 5:00 p.m. and 7:00 a.m.
-- for comparable work shall be done on an
equitable basis. Employees shall work their
scheduled shifts for two weeks, after which
time they shall be rotated to new shifts except
as agreed to by the Employee and the Employer.
Departments or desks may arrange schedule
variations according to their needs. Employees
who work the overnight shift shall receive
a paid recuperation day after working four
(4) consecutive overnight shifts.
b. The workweek for the position of weekend
overnight on the English Desk, including the
paid recuperation day provided for in Section
16(a) above, will consist of thirty- two (32)
hours spread over three or four consecutive
nights of work as decided by the Employer.
If the workweek is spread over four nights,
each shift shall be eight (8) hours. If the
workweek is spread over three nights, two
shifts shall be for eleven (11) hours each
and a third shift for ten (10) hours without
incurring overtime for work beyond eight (8)
hours of the workday (notwithstanding Sec.
3(a) of Article X). In either event, the 32-hour
workweek shall include breaks not to exceed
four (4) hours.
17.
Any Employee who is recalled to duty shall receive
not less than four hours' pay at the rate of
time and a half. Any Employee, except one on
an in-town or out-of-town assignment, who works
on his or her day off shall receive at least
a full day's pay at the rate of time and a half.
18.
An Employee shall not be called unreasonably
into work on his or her vacation or day off.
19.
The Employer recognizes the need and value that
each Photo Editor or Text Desk Editor shall
be given the opportunity to work off-desk (on
outside assignments) when feasible.
20. An Employee required to "read in" prior
to the start of his or her shift shall be compensated
as set forth in this agreement.
21.
a.
Technical Department employees assigned to
be on "standby/on call" shall be paid six
dollars ($6.00) per hour for all hours scheduled
as "standby/on call."
b.
If a Technician is required to come into the
bureau or client worksite, the employee shall
be paid at the rate of time and one-half for
all hours worked (inclusive of travel time)
in addition to the six dollars ($6.00) per
hour, with a minimum of four hours reimbursed
at the rate of time and one-half. In addition,
a Technician shall receive a minimum of one-half
hour of pay at the overtime rate for each
trouble call he/she works on without returning
to the bureau or client worksite (each trouble
ticket shall be considered one call, even
if resolving the problem involves multiple
phone calls) or the actual time he/she spends
in resolving the problem, also at the overtime
rate, whichever is greater. Shift differentials,
weekend differentials and short turnaround
pay do not apply to "standby/on call" time,
including time worked. "Standby/on call" time
shall not be considered time worked for the
purposes of premium pay as applied to any
clause of Article X of the Agreement.
c.
AFP shall pay for mileage and tolls if a Technician
uses a car to return to the bureau.
Article
XI -- JOB SECURITY
1.
a.
After completion of their probationary period,
no Employee shall be discharged without just
and sufficient cause. The Guild and the Employee
shall be notified in writing at least one
month in advance of any dismissal, with the
reason for the dismissal stated in such notice.
The Employer may pay four weeks' salary, in
addition to the appropriate severance pay,
in lieu of notice to the individual. However,
no notice or pay in lieu of notice shall be
required if an Employee is discharged for
dishonesty, willful and repeated neglect of
duty, gross misconduct or if the discharge
is self-provoked.
b.
Except in case of gross misconduct, the Guild
and Employer subscribe to the principles of
progressive discipline. Progressive discipline
for related instances of misconduct generally
shall require counseling, oral reprimand,
written warning and unpaid suspension before
discharge.
c.
All Employees shall give four weeks, notice
to AFP before resigning. Said notice period
shall not include personal, sick, vacation
days or any other accrued compensatory time.
2.
New Employees shall have a probation period
of three (3) months. The Employer shall notify
a new Employee in writing two months after his
or her initial employment whether his or her
performance is satisfactory, including (a) all
factors involved in this decision and (b) if
in the opinion of Employer it is felt that the
Employer will be unable to effectively evaluate
the performance of the Employee in the three-month
probationary period. In the latter event, the
Employer may extend the probation period for
another three (3) months, and shall notify the
Employee of the decision in the two- month evaluation.
The Employer shall specify which task(s), machine
or procedure(s) the Employee has appeared to
have difficulty mastering. A copy of this notification
shall be sent to the Guild within five (5) days
of its being written.
3.
There shall be no dismissals or reductions in
salaries by reason of putting this Agreement
into effect.
4.
The Employer shall give Employees displaced
by the transfer of a particular function of
a desk, bureau or department the option of accepting
a transfer with the function to another bureau
or department or accepting severance pay as
provided in Article XIX, Section 1, and dismissal
indemnity as provided in Article XIX, Section
2, in lieu of a transfer ("transfer" shall mean
the physical move 60 miles or more from a bureau).
5.
a. The Guild and Employees shall be notified
of all job openings with the Employer's worldwide
service as the Washington, DC bureau is notified
by the Paris headquarters. Qualified Employees
covered under this Agreement shall be eligible
and permitted to apply for any such job openings.
b. The Guild and Employee shall be notified
of inter-divisional exchanges and other job
opportunities, such as, by way of example,
temporary transfers to another bureau or job
position, as they become available. Qualified
Employees covered under this Agreement shall
be eligible and permitted to apply for these
job opportunities.
6. Employees desiring transfers shall make their
wishes known to their supervisor and the manager
of their department in writing. Transfers shall
be made only upon mutual agreement, and no Employee
shall be penalized for refusing to accept a
transfer, provided, however, that employees
who accept a temporary transfer to another bureau
shall be required, absent the consent of the
Employer, to return to their original bureau
and position at the end of the temporary transfer.
Temporary transfer agreements shall be in writing
with a copy provided to the Guild. An employee
who does not return to his or her bureau at
the conclusion of the agreed- upon term of the
temporary transfer shall be deemed to have resigned
his or her employment.
7.
When an Employee is transferred in the United
States, the Employer shall pay reasonable transportation
costs of the Employee, Employee's spouse or
the Employee's domestic partner for whom health
benefit coverage is provided pursuant to an
AFP plan and Employee's dependents. All travel
shall be at coach rate. Conditioned upon the
presentation of two estimates, the costs of
moving the Employee's household goods shall
also be paid. The Employer has the right to
establish reasonable guidelines and ceilings
for moving costs. Any costs incurred over these
guidelines shall be at the Employee's expense.
In addition, the Employer shall reimburse the
Employee for hotel expenses for a period not
to exceed fourteen (14) days.
8.
If necessary staff reductions for economic reasons
cannot be accomplished through attrition, dismissals
shall be made in inverse order of length of
service with the Employer, with the most recently
hired Employees becoming the first to be dismissed,
provided that the remaining Employees are able
to perform the work required.
a.
The Employer shall notify the Guild in advance
of any such proposed notice of dismissal,
specifying the number of Employees and the
reasons for the proposed dismissal.
b.
During the two weeks immediately following
the notice to the Guild, the Guild and the
Employer shall enter into discussions on ways
to avoid or reduce the dismissals. The Employer
shall give serious consideration to any proposals
made by the Guild.
c. During the two-week discussion period,
Employees to be dismissed to reduce the force
shall be given their one-month notice of dismissal
and shall be given the option to transfer
to available openings within AFP's operations,
for which they are as well qualified as other
available candidates.
d.
Each Employee dismissed under a reduction
of force shall be placed on a re-hiring list.
The Employer shall fill each new vacancy in
the bargaining unit with a person from the
list. The person re-hired shall be the person
on the list with the most seniority in the
category where the vacancy occurs or in any
higher category, provided the Employee is
capable of performing the work.
e.
The notice requesting a laid-off Employee
to return to work shall be sent registered
mail to the last known mailing address of
the Employee, as reflected by the Employer's
records, and to the Guild. Such Employee,
within five working days after receipt of
such notice, shall advise the Employer of
his or her intent to return to work. If the
Employee advises the Employer that he or she
does intend to return to work, he or she shall
return to work within 10 working days from
the time that the notice of recall was received,
unless otherwise agreed.
9.
The Employer shall give the Guild two months'
notice prior to the introduction of equipment
or processes which will create a new job or
eliminate an existing job. The Employer shall
make every effort to retrain and/or transfer
an Employee to another position, subject to
the stipulations of this Agreement.
Article
XII -- GUILD BUSINESS
1.
The Employer shall recognize the Guild as the
sole and exclusive bargaining agent of the Employees
in the bargaining unit.
2.
There shall be no interference or attempt to
interfere with the operations of the Guild.
3.
a.
Every current as well as new hire shall have
the option of joining the Guild. Membership
in the Guild shall not be a condition of employment.
However, if an Employee joins the Guild, as
a condition of continued employment, the Employee
must be in good standing with the Guild for
the duration of the contract. An Employee
may terminate his or her membership in the
Guild and be discharged of any future financial
duty by giving written notice to the Guild
by registered mail not more than 30 days and
not less than 15 days prior to the expiration
of this Agreement.
b.
Management shall make the Guild's existence
as the exclusive bargaining unit for all Employees
and to all new hires known, and that their
hiring will in no way be affected by Guild
membership. It will provide all new hires
with Guild materials and a written statement
that no job offer is in any way affected by
Guild membership. It will further notify the
Guild of any new hire so that it may set up
an appointment with the new hire to discuss
Guild membership.
4.
AFP will pay reasonable travel expenses and
provide paid time off for the Washington Unit
Chair to visit New York twice a year, for one-
day visits without an overnight stay, to meet
with AFP staffers employed in New York. Such
meetings shall take place in the New York bureau
or another location to be agreed upon at times
that do not disrupt the New York operations,
and reasonable requests for time off for these
meetings with be granted. The meetings are voluntary.
Article
XIII--EXPENSES
1
a.
The Employer shall pay expenses incurred by
an Employee in the course of the Employee's
work when such expenses have been authorized
by the Employer. Such authorized expenses
shall include transportation, lodging, if
required, and professional expenditures. Personal
expenses other than transportation, professional
communication and lodging incurred during
assignments requiring an overnight stay outside
of a thirty (30) mile radius from the bureau
shall be $72.00 per day in Washington, New
York, Los Angeles, San Francisco and Hawaii
and $66.00 per day in all other U.S. destinations,
provided, however, that employees receiving
paid lunch or dinner shall receive one-half
of the per diem applicable for the day. Expenses
for Non-U.S. destinations are to be determined
prior to each trip.
b.
Reasonable expenses incurred in work-related
travel outside a thirty (30) mile radius from
the employee's home bureau not requiring an
overnight stay shall be reimbursed upon presentation
of appropriate supporting receipts.
2.
For the authorized use of an Employee's vehicle,
the Employer agrees to pay:
a.
A minimum of 40.5 cents ($.405) per mile,
but not less than ten dollars ($10.00) for
each day the Employee is authorized to use
his or her motorized vehicle.
b.
Necessary parking fees where free parking
is not available at the place of authorized
car use.
3.
The Employer agrees to make adjustments in the
mileage reimbursement rate listed in this Article,
based on the Private Transportation Index of
the Consumer Price Index for all Urban Wage
Earners and Clerical Workers (CPI-W). The rate
of forty and one-half cents ($.405) where it
appears shall be decreased or increased to the
nearest cent on July 1 and January 1 for each
year by applying the unadjusted percent increase
or decrease in the Private Transportation Index
of the CPI-W for the six months preceding each
such date to the mileage rate in effect on the
day prior to the adjustment.
4.
The Employer shall reimburse the Employee promptly
for any damage sustained by Employee-owned vehicles
in connection with assigned coverage of civil
disorders, riots and insurrections. Other accidental
damage to the Employee's automobile while on
authorized company business (this does not include
commuting to and from work), not reimbursed
by insurance, shall be reimbursed by the Employer,
up to 500 dollars ($500.00). All reimbursement
is subject to verification of the loss claimed.
5.
The Employer shall furnish all transportation
costs or vehicles for office messengers while
on company business.
6.
To take into account the security needs of its
Employees, the Employer shall reimburse each
Employee for either a taxi or parking, at the
employee's option, for each shift worked after
10:30 p.m., up to a maximum of $12 per day.
To qualify for this allowance, Employees will
be required to submit taxi or parking receipts.
This allowance shall not be available to Employees
who are provided with parking privileges or
who regularly avail themselves of Employer-paid
parking.
7.
The Employer will provide each Employee, who
so requests, a Metrochek farecard voucher to
commute to and from work. The Employer agrees
to pay up to $72 per month per Employee participating
in the Metrochek program. Employees who consistently
use Employer-paid parking will not be eligible
for the Metrochek. Metrochek will not be transferred
to another party, sold or otherwise used for
a purpose other than intended above. In bureaus
covered by this contract outside of Washington,
D.C., the Employer shall participate in similar
commuting subsidy programs on a comparable basis,
for Employees who are not provided with parking
privileges or who do not regularly avail themselves
of Employer-paid parking.
8.
At the request of an Employee who regularly
travels in the course of his or her employment,
the Employer shall provide the Employee a credit
card, without cost to the Employee, for lodging,
transportation, professional expenditures or
other expenses in connection with travel on
behalf of the Employer. In the event that the
current American Express program is terminated,
and no reasonable substitute is available, this
benefit shall be terminable at the Employer's
option.
9.
To accommodate Photographers who commute with
bulky, heavy and expensive equipment, the Employer
shall reimburse them on an expense basis, upon
submission of appropriate receipts, for parking
costs on the Employer's premises. Photographers
covered under this paragraph shall not be eligible
for Metrochek. Photographer's car usage allowance
will continue to be paid only when the Employee
is requested to use his/her vehicle to travel
to and from an assignment.
Article
XIV -- HOLIDAYS
1.
The following days, or days observed as such,
shall be considered holidays and granted to
all Employees with full pay:
-
New Year's Day
-
Martin Luther King Jr.'s Birthday
-
Memorial Day
-
Independence Day
- Labor
Day
-
Thanksgiving
Day
- Christmas
Day
2.
An Employee may substitute any religious holiday
for any holiday enumerated above.
3.
An Employee also may select five personal holidays
per calendar year that are mutually acceptable
to the Employer. During the first calendar year
of employment, the personal holidays shall accrue
at the rate of one day for each two months of
employment or major fraction in the first six
months' service during the first calendar year
of employment and three months' employment or
major fraction thereof in the second six months'
service during the first calendar year of employment.
In the case of the personal holidays, the Employee
will notify the department head or bureau chief
in writing two weeks prior to the date of the
desired holiday.
4. Any Employee required to work part or all
of his or her shift on any of these holidays
or previously approved personal holidays shall
be paid in money or compensatory time off, at
the Employee's option, at the Employee's regular
rate plus fifty (50) percent. Any such compensatory
time off shall be scheduled by mutual agreement
between the Employer and the individual.
5.
When any of the Section 1 (above) holidays falls
on a weekend but is observed on a Monday, an
Employee working on either the holiday or the
day observed as such shall be compensated at
the holiday rate of base pay plus fifty (50)
percent.
6. For each of the specified holidays occurring
during an Employee's vacation, that Employee
shall be given another day off.
7.
An employee scheduled to work on holiday who
does not work on the holiday shall not be paid
the premium for holiday work.
Article
XV -- VACATION
1.
Vacation shall be credited to the Employee based
on the actual time of continuous employment
with AFP, either in the United States or elsewhere,
and shall be given with full pay.
2. Employees will be entitled to vacation time
accrued per pay period on the following basis:
a.
Less than one year, one day per month is accrued.
b.
Three workweeks during the second and third
years are accrued.
c. Four workweeks during the fourth through
ninth years are accrued.
d.
Five workweeks at ten years or more are accrued.
Vacation time must be taken within the calendar
year following that in which it was accrued.
Vacation
time not taken cannot be carried over and will
be lost unless prior consent of Employer is
secured based on signed vacation request forms.
3.
Employees (or the Employee's estate in the event
of the Employee's death) leaving the service
of the Employer shall receive payment for accrued
but unused and unpaid vacation time.
4.
a.
Vacations shall be scheduled on a calendar-
year basis. An Employee wishing to schedule
a vacation should submit his or her vacation
request in writing to the Employer at least
two months prior to the desired vacation time
off. The Employer may place limitations, for
operational reasons, on the number of Employees
on a desk or within an operation who can take
vacation at the same time, and shall be entitled
to cancel previously scheduled vacations for
operational reasons. If a previously scheduled
vacation is canceled by the Employer and cannot
be rescheduled within the calendar year, the
canceled vacation will not be forfeited and
shall be carried over to the next year.
b. Any vacation not scheduled by the Employee
by September 15 of the year in which it is
due may be scheduled by the Employer to be
taken by the end of the year. The Employer
will consider any special or unforeseen circumstances
that may result in the need for the Employee
to reschedule the vacation, and permission
to do so shall not be unreasonably withheld.
5. In the event of a conflict between the vacation
dates chosen by Employees, the Employer shall
make the determination based on the Employee's
seniority provided that the request for vacation
was submitted at least two months prior to the
desired vacation time off.
6.
At the Employee's request, the Employer shall
pay the Employee advance vacation pay, computed
at the straight-time rate prevailing when the
vacation is taken, on his or her last working
day before the vacation.
7.
Part-time Employees shall earn vacation on an
equal but pro-rated basis.
8.
For approved vacations, the Employer shall reimburse
the Employee for forfeited deposits made for
vacation accommodations or travel resulting
from a change in his or her vacation schedule
where such change has been requested by the
Employer.
Article
XVI -- SICK LEAVE AND WELFARE
1.
Sick leave shall be paid as follows:
a. For less than one year's continuous service,
one week at full pay and one week at half
pay.
b.
For more than one but less than two years'
continuous service, one week at full pay and
two weeks at half pay.
c.
For two years and thereafter, full pay of
one week for each full year of continuous
service, and then half pay for a like number
of weeks.
d.
Part-time Employees will receive sick leave
equal to a pro-rata share of the above schedule
based upon the number of hours they are regularly
scheduled to work.
e.
For employee illnesses or sick leave as set
forth in subsection 1(g) below of more than
three days' duration, or for repeated absence
due to illness, Agence France-Presse may require
the Employee to furnish medical documentation
of the illness.
f.
i. Employees covered by this agreement may
donate up to one half of their unused sick
leave in a calendar year to another employee
who has exhausted his or her sick leave
but who must remain on leave due to emergency
illness. Such donated sick leave shall be
deducted from the donating employee's sick
leave and from his/her 10- day annual sick
leave account used in calculating his/her
attendance bonus in paragraph 6.
ii. In case of emergency illness and requested
donation of sick leave, Guild unit officials
shall canvas members of the bargaining unit
and inform management in writing as to which
Employees are donating sick leave, and how
much each is donating.
g.
Medical, dental or mental health care, when
administered by a licensed professional and
the care of a child, parent or other dependent,
shall qualify for sick leave under this Article.
h. The Employer may promulgate reasonable
guidelines, which may vary from department
to department, with respect to how Employees
are to notify the Employer of absence due
to sick leave.
2.
Part-time Employees shall receive equal sick
leave benefits on a pro-rated basis.
3.
No deductions for sick leave shall be made from
overtime or vacation credited or to be credited
to the Employee.
4.
a.
The Employer shall provide a medical insurance
plan which covers group hospital, medical,
surgical, dental, orthodontics and Major Medical
benefits for Employees covered under this
Agreement and their dependents. Employees
may elect coverage under either the current
Preferred Provider Organization (PPO) or the
Point of Service (POS) plan, subject to plan
rules. Employees choosing the POS plan will
not be required to contribute towards the
payment of the premium. Those choosing the
PPO shall contribute $30 per month for single
coverage and $80 per month for dependent/family
coverage. Dependent coverage shall be made
available to domestic partners of Employees
subject to the rules established for such
coverage by the applicable plan. Part-time
Employees shall receive prorated payment of
the insurance policies mentioned in this paragraph.
The Employer shall notify the Guild of contemplated
changes in health insurance administrators
and, upon request, shall consult with the
Guild on such changes. The PPO plan shall
incorporate these features:
i.
the coinsurance breakpoint shall not exceed
$1,250 annually for individual coverage
and $2,500 annually for family coverage,
ii. hospitalization shall be paid for at
95% within the Preferred Provider network
and at 70 percent outside the PPO, and
iii. the maximum for full reimbursement
for well-child care shall be $500 annually.
b.
The Employer shall maintain and administer,
at no cost to Employees, a Medical Care Reimbursement
Account Plan, pursuant to Section 125 of the
Internal Revenue Code.
5.
a.
As a condition of employment, all hires shall
be required to take a mandatory eye test by
a doctor approved by the Employer and at the
Employer's expense. The results of these tests
shall be given to the Employee and the Employer.
b.
Each year, at the Employer's expense, all
Employees shall receive an eye test at a doctor
approved by the Employer. The results of these
tests shall be given to the Employee and the
Employer.
6.
The Employer shall grant to those Employees
who have not used all of their sick days nor
more than 10 sick days in a given calendar year
an attendance bonus of up to five days of their
unused sick leave based on the difference between
sick leave used and available sick leave.
7.
In consultation with the Guild, the Employer
agrees to continue to provide and pay 70 percent
of the cost of a long-term disability plan providing
for 60 percent of basic monthly earnings to
a maximum of $5,000 per month after 90 days
of a disability due to injury or sickness that
prevents the employee from performing each of
the material duties of his or her regular job.
This provision applies to all employees regularly
scheduled to work at least 20 hours a week.
8.
The Employer agrees to reimburse an Employee
80 percent of the cost of a smoking cessation
program maintained by a recognized provider
of such services, to the extent not covered
by insurance, upon prior approval of the program
by the Employer, and proof that the Employee
has completed the program.
Article
XVII -- LEAVES OF ABSENCE
1.
Applications for leaves of absence shall be
sent to the department head or bureau chief
in writing, with the reasons stated. If granted
by the Employer, such leaves shall not be construed
as breaks in continuity of service in the calculation
of all benefits and salary under this Agreement,
and he or she shall be reinstated in the same
or similar position in the same bureau or department
upon expiration of such leave. Time spent on
an unpaid leave of absence under Sections 1
and 2 of this Article need not be counted toward
the accrual of benefits and seniority.
2.
In the event the Employee is elected or appointed
to any Newspaper Guild office or position, or
in the event the Employee is elected to represent
the Guild or any organization with which The
Newspaper Guild is affiliated as a convention
delegate in connection with the business of
his or her union, such Employee shall be given
a leave of absence should the Employee request
such a leave, up to a maximum leave of two years.
Employees applying for such leaves |