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Between THE BUREAU OF NATIONAL AFFAIRS, INC. And WASHINGTON-BALTIMORE NEWSPAPER GUILD FOR THE EDITORIAL CORRESPONDENTS UNIT (July 19,2000 to July 14, 2003)Table of ContentsARTICLE II- PROBATIONARY, PART-TIME, AND TEMPORARY EMPLOYEES; SPECIAL CORRESPONDENTS ARTICLE VII- FUNCTIONS OF MANAGEMENT ARTICLE VIII- NO DISCRIMINATION ARTICLE X - INDIVIDUAL BARGAINING ARTICLE XI- HOURS AND OVERTIME ARTICLE XIV - PAID LEAVE: SICK, BEREAVEMENT, PERSONAL, VOTING TIME, PARENTING ARTICLE XV - UNPAID LEAVE: LEAVE OF ABSENCE ARTICLE XVI- HEALTH AND LIFE INSURANCE ARTICLE XX - DETERMINATION OF SERVICE ARTICLE XXII - GRIEVANCE AND ARBITRATION PROCEDURES ARTICLE XXIII - FREEDOM OF EMPLOYMENT ARTICLE XXIV - OUTSIDE ACTIVITIES ARTICLE XXV - MILITARY SERVICE ARTICLE XXIX - WORK AND FAMILY ARTICLE XXXII - MAINTENANCE OF PRESENT BENEFITS ARTICLE XXXIII - DURATION AND RENEWAL APPENDIX B - THE BUREAU OF NATIONAL AFFAIRS, INC., EMPLOYEES1 RETIREMENT PLAN APPENDIX C - SIDE LETTER ON PILOT SABBATICAL LEAVE PROGRAM APPENDIX E - LIFE INSURANCE ADDENDUM APPENDIX F - HEALTH CARE COVERAGE FOR DOMESTIC PARTNERS The Washington-Baltimore Newspaper Guild has been the certified bargaining representative of most of BNA's non-supervisory employees for almost as long as BNA has been an independent company. By setting forth in clear language ever-improving pay and benefits, by helping build an atmosphere of security and fair treatment, and by providing a procedure for the amicable resolution of many job-related problems, the collective bargaining agreement negotiated over the years between BNA and the Guild have contributed much to BNA's impressive growth. BNA and the Guild subscribe to the principle that those who benefit from the representation services provided by the Guild should contribute their fair share of support for the maintenance of those services.
The Publisher recognizes the Guild as the representative of all editorial department employees working as staff correspondents in the United States outside the Washington, DC metropolitan area, excluding all temporary employees, special correspondents, confidential employees who have access to the Publisher's labor relations data, and supervisory personnel with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action.
ARTICLE II - Probationary, Part-time, and Temporary Employees; Special Correspondents 1. Probationary: During the first six months of employment, an employee shall be deemed to be in probationary status provided he is so notified in writing at the time of hiring. Failure to give such advance notice will mean that a new employee is not probationary. At any time during this six-month period, probationary employees may be discharged by the Publisher without challenge by the Guild, except for discharge for reasons as defined in Article VIII, Sections 1 and 2. 2. Part-time: Employees regularly employed on a part-time basis of one half or more of the regularly scheduled workweek shall receive, at a pro rata scale, all benefits of this Agreement, except as otherwise specified in this Agreement. The calculation for pro rata benefits shall be adjusted at least quarterly to reflect any additional straight-time hours worked by part-time employees over and above their regularly scheduled hours. Employees who have been continuously employed on both a part-time and a full-time basis shall receive all the benefits of this Agreement, with credit for combined years of continuous employment in both part-time and full-time employment. Severance pay for such employees shall be based on the employee's weekly pay at the time of dismissal, except where the employee has been required by the Publisher to reduce his hours of regular employment within the 12 months immediately preceding discharge, in which case severance shall be based on the average number of hours worked by the employee prior to said reduction. Severance based on the average number of hours worked by the employee immediately prior to a reduction in hours required by the Publisher also shall be paid to an employee who voluntarily resigns within the 12 months immediately following such reduction in hours. All other benefits of this Agreement shall be based on such employee's current classification. Part-time employees shall not be employed where, in effect, such employment would eliminate or displace a regular employee; provided, however, that in the event of a curtailment of work, a full-time employee may be asked to take part-time employment in lieu of being discharged. Further, upon written application of a full-time employee, the Publisher and the Guild may agree to a reduction to part-time status. Such request may be conditioned upon later retum to full-time status. No part-time employee covered by this Agreement shall be reduced below one-half of the regularly scheduled workweek or be replaced by other part-time employees working less than one-half the regularly scheduled workweek, for the purpose of depriving him of the benefits of this Agreement. 3. Temporary: Temporary employees are those hired for a specific task, not to exceed nine months, unless the period is extended by mutual agreement of the parties hereto. Temporary employees shall not be hired to do the regular work of an employee covered by the terms of this Agreement except in the case of a temporary employee hired to take the place of an employee on leave of absence as provided in Articles XV and XXX herein on annual leave, or on sick leave. In the case of maternity leave or leave of absence, a temporary employee may be employed for the duration of the regular employee's leave. 4. Special Correspondents: Special correspondents are those that work an irregular schedule averaging less than half the regular workweek of 37.5 hours. The Publisher reserves the right to utilize special correspondents for special assignments or where a staff correspondent is unavailable.
Each present member and each employee who shall subsequently become a member of the Guild shall, as a condition of employment, maintain membership in the Guild in good standing. Membership in the Guild may be terminated by written notice to the Guild by certified mail, return receipt requested, during the first fourteen (14) days of July 2001, 2002 and 2003. Termination of membership shall become effective 30 days after the postmark date of the notice.
1. Upon individual authorization in writing, the Publisher will deduct from the employee's pay and pay over to the Guild not later than the fifteenth day of each month membership dues levied by the Guild for the current month. Such membership dues shall be deducted from the employee's earnings in accordance with a schedule furnished the Publisher by the Guild. 2. The individual written authorization provided for herein shall be valid for the life of the Agreement unless revoked by written notice from the employee to the Publisher and the Guild, sent by certified mail, return receipt requested, during the first 14 days of July 2001, 2002, 2003. Otherwise, the authorization shall be automatically renewed and irrevocable. 3. The Guild agrees that the final paragraph of the individual authorization for checkoff of dues shall read as follows:
1. Upon employment, a newly-hired employee shall be presented with a copy of this Agreement. The employee shall also be advised of the names, addresses, and telephone numbers of the Unit Chairperson and stewards, noting that they may be consulted concerning the meaning and application of this Agreement. 2. For the purpose of administering this Agreement, the Unit Chairperson shall name two stewards from the Unit and furnish the Publisher with their names. The Publisher shall compensate the Unit Chairperson and stewards for reasonable time spent investigating or handling complaints and grievances. The Publisher shall compensate either the Unit Chairperson or one of the stewards for time spent attending arbitration proceedings. Long-distance phone calls made by the Unit Chairperson or the stewards in connection with their duties of administering this Agreement shall be paid for by the Publisher.
I. The Publisher shall supply the Guild and the Unit Chairperson with a list containing the following information for all employees in the unit as of the effective date of this contract: Name, address, classification and salary, BNA section, sex, and minority group. At each six-month interval thereafter, the Guild will be supplied with the names and home addresses of all employees in the bargaining unit. 2. The Publisher shall inform the Guild and the Unit Chairperson at monthly intervals of
3. The Publisher shall, upon written request of an employee, permit that employee, or that employee's designee, to inspect personnel records maintained on that employee and kept at the Home Office ("M" file). The files may not be removed from the Personnel Office and must be reviewed in the presence of a Personnel staff member. The time for inspection shall coincide with the employee's visit to the Home Office, or, in the event of review by the employee's designee, at a time as soon as practical to the Personnel Office. Employees shall have the right to submit a written statement in support of or in opposition to any document in the file. Such statements will be made a part of the file identified as "employee statement" and will be considered at any time the file is reviewed. Information contained in the files shall not be given to any party outside the company without permission of the employee(s) about whom the information is requested, subpoena or other legal process excepted. When such information is provided by the Personnel Department, with the employee's permission, a copy of the information will be sent to the employee. The Personnel "M" file will contain (but not be limited to) documents that are used or have been used or may be used to determine qualifications and fitness for employment, promotion, additional compensation, or termination or other disciplinary action. Excluded from the "M" file will be letters of reference; reference requests from other, prospective employers; records relating to the investigation of a possible criminal offense; and personal financial documents. The Unit Chairperson and shop steward shall be permitted prompt access to such documents and records as are necessary for the purpose of conducting official unit business. 4. Correspondents shall receive copies of all legally-required notices posted on BNA bulletin boards and all posted announcements that relate to their employment. 5. Current postings for G-9 and G-10 positions within the Editorial Department shall be provided to correspondents on a weekly basis via cc:mail. Future technological developments may allow correspondents to access all bargaining unit postings as they are posted. Applications from correspondents shall be considered in advance of applications of non-BNA employees.
ARTICLE VII - Functions of Management It is expressly understood and agreed by the parties hereto that nothing contained herein alters or is intended to alter the exclusive right of the Publisher to manage the business. This includes control, direction, and discipline of the working force except as limited by the terms of this Agreement.
ARTICLE VIII - No Discrimination 1. There shall be no discrimination against any employee because of membership or activity in the Guild. 2. It is mutually agreed by the Publisher and the Guild to continue the present practice of no discrimination because of sex, sexual orientation, race, creed, color, national origin, age. marital or parental status, political belief, or physical or mental disability. 3. All references to employees of this Agreement are intended to designate both sexes, and wherever the male gender is used it shall be construed to include both male and female employees.
1. Effective July 18, 2000, salaries shall be increased by 4.0 percent for red-circled employees, and 2.0 percent for other employees. Salary scales shall be as shown in Appendix A to this Agreement. 2. Effective July 15, 2001, salaries and salary scales shall be increased by 4.5 percent for red-circled employees, and 2.0 percent for other employees. Salary scales shall be as shown in Appendix A to this Agreement. 3. Effective July 14, 2002, salaries shall be increased by 4.5 percent for red-circled employees, and 2.0 percent for other employees. Salary scales shall be as shown in Appendix A to this Agreement. 4. There shall be no pay cuts during the life of this Agreement except by agreement of the parties. 5. Salaries shall be paid bi-weekly. 6. All full-time and part-time employees are entitled to length-of-service salary increases on the basis of the following schedule:
7. The Publisher shall continue to recognize the policy of merit increases in administration of the salary classification schedule for all employees. An employee who has progressed to the top of the length-of-service salary range shall be considered for a merit increase at least annually on his or her anniversary date. A uniform employee appraisal form shall be used for merit review and shall be placed in the employee's personnel file. Merit increases shall be no less than the step interval of the employee's grade.
ARTICLE X - Individual Bargaining The Publisher recognizes the right of individual employees to bargain for wages or conditions better than those provided herein and the right of the Guild to intercede for such employees.
ARTICLE XI - Hours and Overtime I. The workweek shall be 37.5 hours for full-time employees, within five consecutive days. 2. Correspondents who must work more than 37.5 hours in a calendar week shall be paid cash overtime at the rate of time and one-half for hours in excess of 37.5. The correspondent and the Chief of Correspondents may agree that compensatory time shall be given in lieu of cash overtime. If such an agreement is reached, compensatory time shall be scheduled to be taken within a four-week period following the week in which such overtime was worked, at a time mutually agreeable to the correspondent and the Publisher. Compensatory time accrues at time and a half rate. If agreement on compensatory time or cash overtime cannot be reached, the Publisher reserves the right to utilize freelance writers, as specified in Article II, Section 5. 3. Accrual of cash overtime and accrual of compensatory time must be authorized in advance by the Chief of Correspondents. 4. Time off with pay on a holiday or on leave shall count as time worked for purposes of this Article. 5. Correspondents required to travel to and from assignments out-of-town after the regular workday or on scheduled days off shall be given compensatory time off at the rate of time and one-half, provided that they have had the compensatory time and travel approved in advance. Advance approval shall not be required if not possible due to circumstances outside the employee's control. 6. Part-time employees who are required to work beyond 37.5 hours in a week are entitled to payment of cash overtime at the rate of time and one-half for any time worked in excess of 37.5 hours.
1. The following holidays or the days legally observed as such shall be granted to all employees without loss of pay: New Year's Day, Martin Luther King, Jr.'s Birthday, Presidential Inauguration Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas, and any additional national holidays recognized by an Act of Congress. 2. An employee may be required to work on any holiday observed by the BNA Home Office but not generally observed as a holiday in his metropolitan area, in which case he will receive another day off with pay at a time mutually agreeable to the correspondent and the Publisher. 3. Part-time employees shall receive their customary pay for any of the above holidays which are observed on their regularly scheduled workday and on which they do not work. The amount of pay shall be the rate per hour times the number of hours the employee regularly is scheduled to work on the day on which the holiday is observed. 4. A full-time employee working at the request of the Publisher on one of the above-listed holidays which is also generally observed as a holiday in his metropolitan area shall be paid for that week at regular salary plus three-tenths of that amount. 5. A part-time employee working at the request of the Publisher on one of the above-listed holidays which is also generally observed as a holiday in his metropolitan area shall be paid at the appropriate hourly rate for the number of hours worked on such holidays, plus equal amount. 6. When the Publisher desires any employee to work on one of the above-listed holidays, the Publisher shall make the request to the employee not less than three days in advance of the holiday, except in cases of emergency. No employee shall be required to work on a listed holiday, however, in the absence of a three-day notice. 7. The Publisher shall follow the leave policy of the Federal Government applicable to employees in the Washington, DC area with respect to holidays which occur on Saturday or Sunday.
1. Full-time employees shall earn annual leave with pay on the basis of the following schedule of continuous service with the Publisher at the rate of:
2. Annual leave may not be taken until credited. Annual leave shall be credited biweekly, as earned. 3. As of December 31 of each year, accumulated annual leave may not exceed two weeks plus the number of weeks being earned annually (according to the schedule in Paragraph I above) as of December 31, as shown below:
4. An employee shall have the right, subject to the requirements of the business, to select annual leave periods in accordance with the employee's length of service with the Publisher, the senior employee in each area exercising first choice; provided, however, that a senior employee may not exercise seniority rights that would require a junior employee to cancel an approved annual leave during the two weeks before a holiday. The employee shall have the right to take the full amount of accrued annual leave in consecutive weeks if desired, provided this does not
Two consecutive weeks of annual leave are guaranteed each employee during the period June 1 through September 15 provided the employee has accrued such leave and has requested the leave period two months in advance. 5. Annual leave is to be scheduled at least one day in advance, except in emergencies. The supervisor may refuse annual leave requested in advance only if business requirements necessitate it, and every possible consideration shall be given to such requests. Annual leave which is postponed at the Publisher's request may be carried over into the succeeding year, notwithstanding the provisions of Paragraph 3 above. 6. Should a holiday be observed on a regular working day during an employee's annual leave, the day shall be added to the length of the annual leave. 7. An employee who has completed the initial six-month probationary period and who resigns or who is discharged shall be paid for any annual leave earned but not taken, provided that in cases of resignation, at least two weeks advance notice of the date of resignation is given in writing to the Publisher. 8. In the event of an employee's death, annual leave earned but not taken will be paid to the employee's estate. 9. Annual leave taken under the provisions of this Article shall not constitute a break in continuity of service and shall be counted as time worked in the computation of all benefits provided in this Agreement, with the exception of the computation of eligibility for FMLA coverage.
ARTICLE XIV - Paid Leave: Sick, Bereavement, Personal, Voting Time, Parenting 1. Sick leave shall be credited to full-time employees on the basis of one day per four weeks (one accounting period) of service. Part-time employees shall be credited with sick leave on a pro-rata basis. Sick leave may be accumulated. In questionable cases, the Publisher may require presentation of a doctor's certificate of illness for the allowance of sick leave credit. 2. Sick leave accumulated under the company policy in effect prior to the date of this Agreement shall be credited to each employee, as of the effective date of this Agreement. 3. Sick leave may be used for medical and dental appointments, provided the Publisher is given three days' notice of such appointments. When an appointment is necessitated by an emergency, the three-day notice requirement shall be waived. 4. Female employees, regardless of seniority, may at any time use accumulated sick leave with pay for periods of disability caused by pregnancy, childbirth, and related conditions. 5. Employees may use their sick leave to care for their sick children and to care for their stepchildren who live with them. 6. Employees may take up to a total of 15 days paid parenting leave for parenting purposes within the first 90 days prior to and/or following the expected birth or adoption of their child. 7. In any given calendar year period, an employee may take up to ten (10) working days of accumulated sick leave upon the disability of a spouse, parent or one acting as a parent, or cohabitating life-partner requiring home care, upon presentation of a physician's statement attesting to such disability requiring home care by the employee. 8. An employee who has exhausted accumulated sick leave may, at his option, be advanced sick leave in an amount equal to the number of days of annual leave he has earned and not taken at that time. This additional sick leave shall not be deducted from his annual leave unless his employment is terminated before he has re-earned the advanced sick leave. Advanced sick leave shall not be granted for paternity or adoption. 9. Bereavement leave with pay, not to exceed 37.5 hours, shall be granted in the event of death of spouse, child, step-child, parent, step-parent, parent-in-law, one acting as a parent, or cohabitating life-partner; leave of up to 22.5 hours shall be granted in the event of death of grandparent, brother or sister. An additional 7.5 hours of bereavement leave shall be granted to employees required to travel outside the continental United States to attend the funeral of one of the aforementioned parties. 10. In addition, each employee shall be allowed up to three days of personal leave, all with pay, at any time during each calendar year, scheduling subject to the approval of the Publisher. Such leave shall not be cumulative, shall not be charged against sick leave, and shall not be considered earned. New employees shall be credited with paid personal leave during the calendar year in which they are hired according to the following schedule: Hired before May 1-- three days; hired on or after May I and before September I--two days; and hired on or after September 1 and before December 1--one day. 11. Any employee registered to vote who ordinarily is required to work on election day shall receive the necessary time off with pay to enable him to vote in his jurisdiction. The amount of time with pay shall not exceed the time required to assure that the employee has four consecutive hours to vote before or after work, whichever would result in the least amount of time away from work. 12. Leaves taken under the provisions of this Article shall not constitute breaks in continuity of service and shall be counted as time worked in the computation of all benefits provided in this Agreement, with the exception of the computation of eligibility for FMLA coverage.
ARTICLE XV - Unpaid Leave: Leave of Absence 1. When good cause exists, an employee who has completed the probationary period, on request, shall be granted a leave of absence without pay for a period of up to six months. An employee granted such leave shall not be eligible for another for twelve months from his return from leave, unless otherwise provided by law. Circumstances constituting good cause for such leave of absence include, but in no way are limited to, the following: maternity, paternity, adoption, personal illness, illness in the family, or death in the family. In special circumstances, all such unpaid leave may be extended by mutual agreement. 2. Leave for Guild business shall be granted to cover
Leave under subparagraph (a) must be requested five (5) days in advance and under subparagraph (b) requested at least thirty (30) days in advance. 3. A leave of absence shall be granted to any employee who requests such leave to become a candidate for elective public office or to serve in an elective public office. 4. Leaves taken under the provisions of this Article shall not constitute breaks in continuity of service and shall be counted as time worked in computing all benefits provided for by this Agreement except that
5. During all leaves provided under Articles XIV, XV and XXX of this Agreement, the employer shall maintain premiums on insurance. 6. Upon the conclusion of a leave of absence without pay of no more than six months, the Publisher shall return the employees to their former positions, or in the absence of same, to similar positions. The employee's position shall not be abolished while an employee is on such leave of absence without prior notice to and consultation with the Unit Chairperson. Unless otherwise provided under law, employees on unpaid leave for more than six months who wish to return to work and are able to do so shall not be guaranteed a position, but may bid on available jobs. 7. In the event that an employee is discharged during the term of a leave of absence or at the conclusion thereof, the employee shall receive severance pay as provided in Article XXI. The period of the leave of absence shall not be included in the computation of severance pay.
ARTICLE XVI - Health and Life Insurance A. For Active Employees
B. For Retirees
C. Employees may elect, at their option, to decline coverage under the Publisher's Health and Hospitalization, Vision, and Prescription Drug insurance and instead enroll in one of the health maintenance organizations offered. The Publisher will pay the premium for health maintenance organization coverage, but this payment shall not exceed the amount the Publisher would pay for health insurance coverage the employee would be entitled to under the Publisher's health insurance plan. D. The Employee Assistance Program agreed upon by the Publisher and the Guild (as provided under the Home Office agreement) is incorporated within this Agreement by this reference. E. In the event that any government-mandated health insurance program is enacted to provide health, medical, hospitalization, mental health, dental, vision care, prescription drug, or other benefits similar in nature or purpose to those covered by this Article, there shall be no duplication of government-mandated health benefits under the BNA group health insurance program. The BNA-Guild Joint Health Care Committee (as provided under the Home Office agreement) will meet for the purpose of reviewing the impact of such legislation on the provision of health and welfare benefits. The parties will negotiate such changes as may be required by law. In the event that such legislation has the effect of reducing the Publisher's contribution below that in effect immediately before the effective date of such legislation, the amount of such reduction shall be used for other supplemental health care benefits or insurance, or salary increases as negotiated by the parties.
1. The Publisher shall continue in effect the BNA Employee's Retirement Plan, as amended to comply with the Employment Retirement Income Security Act of 1974, and shall provide the benefits set forth in Appendix B. 2. Any changes agreed to in the pension benefits covering the Home Office employees, negotiated by the Guild, will be immediately passed through to the benefit of employees covered by this Agreement. 3. An employee who is no more than 6 months from the date of retirement eligibility under the Normal Retirement provisions or the Special Early Rule (Rule of 85) provisions of the BNA Employees' Retirement Plan may elect to phase into retirement. Upon 6 months written notice, of a firm retirement date, an employee may reduce his full time schedule to a part time schedule of no fewer than twenty hours per week. The part time schedule may begin no earlier than 6 months prior to the date the employee has chosen for retirement. The written notice must include the date the employee has elected to retire, whether that date is based on the Normal or the Special Early provision, the date the employee would like the part time schedule to begin, and the number of hours per week the employee elects to work under the part time schedule. The employee's salary and benefits will be pro-rated according to the various provisions of this Agreement.
I. There shall be no dismissals as a result of putting this Agreement into effect. At such time as the Publisher reports a net loss in its consolidated income statement in quarterly or annual report to shareholders, the union shall receive a comprehensive briefing, and the parties shall meet for the purpose of discussing the company's financial status. 2. There shall be no discharge except for just and sufficient cause and after definite written warning to the employee and the Unit Chairperson within the preceding 12 months. Whenever a written warning is issued to an employee, a copy of such notice shall be sent to the Unit Chairperson. Warnings or disciplinary letters in an employee's personnel file that are more than one year old on the date a file is reviewed for any reason shall be removed from the file. However, they will be retained as part of a separate record for three years from the date issued in the event they are needed to meet the just and sufficient cause standard required by Sections 3 and 4 of this Article. Warning letters issued prior to March 1, 1986, shall not be used to support any disciplinary action taken more than one year after the letter was issued. 3. Dismissals to reduce the force shall require at least two months advance notice to the employee by certified mail-return receipt requested. Such notice to be preceded or followed up by a telephone call to the affected employee and the Unit Chairperson. The Unit Chairperson shall subsequently receive a confirming letter of the notification. Other dismissals for just and sufficient cause shall require at least two weeks' written notice upon both the Unit Chairperson and the employee. The employee's notice shall be sent by certified mail-return receipt requested and preceded or followed up by a telephone call to the affected employee and the Unit Chairperson. The Unit Chairperson shall subsequently receive a confirming letter of the notification. Such written notice shall state the reason for the dismissal and recite the prior written warning(s) issued the employee and the failure of the employee to correct his or her behavior. Advance notice is waived in cases of discharge for gross misconduct. The company shall justify such discharge by proof beyond a reasonable doubt. 4. Disciplinary suspensions shall be for just and sufficient cause. 5. In the event of a reduction-in-force, the Unit Chairperson shall be advised of the need for dismissals when such need is determined, and shall be advised of the job titles, number of employees, and reasons upon which the Publisher relies to establish the necessity for such dismissals. The Publisher shall accept voluntary resignations from employees affected by a reduction in force. Such employees shall be paid the amount of severance pay provided by Article XXI. If an insufficient number of voluntary resignations is offered, the Publisher shall attempt to place affected employees in available jobs. Remaining dismissals shall be made in inverse order of seniority, where competence and ability are relatively equal. No employee shall be required to accept a position offered by the Publisher under this section. 6. Employees who have completed their probationary period and who are terminated pursuant to Section 5 above shall have the right to be placed on a rehiring list for a period not to exceed two years. The Publisher shall offer all vacancies to persons on the list who previously performed satisfactorily in the order of length of service with the Company. If the vacancy occurs in an area other than where the employee resides, any unused severance pay shall be applied to the actual and reasonable costs after applying the reimbursement under Article XIX, Sec. 3 of transporting the employee, his family, and his household goods. 7. The Publisher shall provide adequate training on the use of any new or modified equipment that affects the correspondents' jobs. 8. Before an employee is contacted by management personnel regarding discussions that might result in suspension or discharge, he shall be advised of his right to have a union representative available for such discussions. Should such discussions be by telephone, a conference call shall be arranged. 9. Upon request, BNA will provide to terminating employees information on options available under the pension plan, regular stock purchase plan, deferred stock purchase plan, and health and life insurance plans. 10. Employees who are terminated pursuant to paragraph 5 above and who exercise their rights under COBRA to continue their coverage under the BNA group health program following termination may choose to have their monthly premiums waived, at the rate of one month for each year of continuous employment or part thereof, up to a maximum of 6 months or until they are no longer eligible to continue coverage under COBRA, whichever comes first.
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2. No employee shall be required to accept a transfer or promotion that would remove him from the Guild bargaining unit or make him ineligible to hold Guild membership. No employee shall in any way be penalized for refusing to accept a promotion or transfer. 3. Employees who voluntarily transfer to other bargaining unit positions, or to positions in the home office bargaining unit, shall have their moving expenses of up to $2,500 reimbursed, upon presentation of appropriate receipts.
ARTICLE XX - Determination of Service 1. An individual whose employment with the Publisher is terminated after successful completion of the initial probationary period and who is subsequently re-employed by the Publisher shall, one year after re-employment, be credited with his total service with the Publisher for purposes of annual leave, promotion, job tenure, and cash profit-sharing, and severance pay (provided that severance was not granted at the prior termination). The crediting of past service following re-employment will be granted only once, and will not be granted in cases of re-employment following disciplinary discharge. 2. Notwithstanding Section 1 above, an employee terminated under Article XVIII, placed on a rehire list, and subsequently rehired from that list, shall immediately upon re-employment, be credited with his total service with the Publisher for purposes of annual leave, promotion, job tenure, cash profit sharing, salary, and severance pay (however, if severance pay is subsequently due, the prior service which has already been compensated with severance shall be deducted for purposes of the subsequent severance calculation). Such employee shall also immediately be recredited with any accumulated sick leave remaining in his leave account upon his initial termination.
1. Upon dismissal from employment due to a reduction-in-force, as described in Article XVIII, Section 5, an employee of the Publisher shall receive severance pay at the rate of one week's pay for each three months of continuous employment, or part thereof, up to a maximum of 56 weeks. Severance pay shall be based on the highest rate of pay received for his regular workweek by the employee preceding his termination of employment. 2. Upon dismissal from employment for any reason, subject to the provisions of Section 3 of this Article, an employee of the Publisher shall receive severance pay at the rate of one week's pay for each six months of continuous employment or part thereof, up to a maximum of 56 weeks. Severance pay shall be based on the highest rate of pay received for his regular workweek by the employee preceding his termination of employment. 3. Employees discharged for gross misconduct shall not be entitled to receive severance pay. 4. When an employee resigns with prior approval of the Publisher to avoid dismissal, for reasons other than gross misconduct, he shall receive severance pay in accordance with Section 2 above.
ARTICLE XXII - Grievance and Arbitration Procedures 1. Any dispute arising from the interpretation or application of this Agreement shall be taken up through the following grievance procedure:
2. At the Unit's option, the Guild may forgo use of either or both Step I and Step 11 and proceed with Step III. In such event, the Guild shall give the Publisher written notice of its desire to proceed with Step III within 21 working days of the discovery of the alleged grievance (if the Guild forgoes both Step I and Step II) or within 15 working days of the completion of Step I (if the Guild forgoes Step II only). 3. The Publisher or his authorized agent agrees to meet with the Unit Chairperson or shop steward within 10 working days after receipt of notice of such meeting. All efforts shall be made for prompt adjustment of any matter brought up under the grievance procedure. 4. By mutual agreement, time limits in each step of the above procedure may be extended. 5. If the above steps do not result in resolution and the Guild decides to pursue arbitration, the Guild shall, within 14 working days of receipt of the Publisher's written statement of its final position on the Grievance (Step III), notify the Publisher of its intent to invoke arbitration to be conducted by an arbitrator selected by agreement of the parties. If no agreement is reached on the selection of an arbitrator, or on a procedure for the selection of an arbitrator, within 10 working days of receipt of the notice from the Guild to the Publisher invoking arbitration, the parties immediately shall request the American Arbitration Association to initiate its procedures for assisting the parties in the prompt selection of an arbitrator. Upon submission of any matter to arbitration under this Article, the Publisher and the Guild shall endeavor to utilize all possible means to expedite the hearing and the rendering of the arbitrator's opinion and award, including, upon mutual agreement of the Publisher and the Guild at the close of the hearing, the waiver of briefs and a joint request that the arbitrator render an oral opinion and award not later than the close of the next business day. Absent mutual agreement for an expedited arbitral decision, the arbitrator shall, within 30 days following the submission of briefs, issue a written opinion and award. In either case, the arbitrator's decision shall be final and binding on both parties; and the arbitrator's fee shall be shared equally by the parties. 6. The Publisher agrees to consult at appropriate times as outlined above with the Guild regarding differences arising out of working conditions or out of matters not covered by company policy and not covered by the terms of this Agreement. 7. The intent and purpose of this paragraph is to preserve and promote harmonious relationships and cooperation among the Publisher, the Guild, and the employees. In order to further the cooperative efforts of the Publisher and the Guild, at least one meeting, and telephone conferences as needed, will be held, at mutually agreed-upon dates, in each year. Said meetings shall be set aside for the purpose of members of Management and the Guild to have the opportunity to discuss and review areas of general concern (excluding specific grievances) as might be beneficial to both parties. Representatives of the parties will be as follows: Publisher's Representatives: The Chief of Correspondents, a representative from Human Resources, and any other representatives the Publisher deems necessary. Guild Representatives: Two members appointed by the Unit Chairperson and any others that the Guild deems necessary. In each case, the number of Publisher and Guild representatives shall be equal. In order to properly prepare for such meeting and to achieve the most success, one week prior to each meeting, the respective Publisher and Guild representatives will exchange an agenda indicating items they wish to discuss and the names of the representatives who will be present (if other than those in the positions or offices specified above).
ARTICLE XXIII - Freedom of Employment The Publisher agrees not to have or enter into any agreement with any other employer binding such other employer not to offer or give employment to employees of the Publisher.
ARTICLE XXIV - Outside Activities Employees have the right to engage in writing for other publications or to engage in other outside activities, provided that
ARTICLE XXV - Military Service 1. Any employee, other than a temporary employee, within the meaning of the laws of the United States providing for selective or universal military training and service in the Armed Forces of the U.S. who is required to enter upon extended active duty in the military service of the United States, or who volunteers for such service, shall be considered an employee on leave of absence and, on application following discharge from or relief from active duty in such military service, shall be returned to his former position with the Publisher, or to a comparable position, in accordance with the terms of prevailing law. 2. Time spent in military service shall be considered to be time worked with the Publisher in computing severance pay, length of service compensation, length of annual leave, and other benefits which depend upon continuous service with the Publisher. 3. Any employee who has completed his probationary period upon entering extended active duty in military service shall receive two weeks' pay plus all accrued annual leave pay in cash. 4. Life insurance now provided for an employee by the Publisher will be continued during the employee's period of military service, so long as this is permitted by the insurance carrier under existing contracts and the cost of such insurance is not excessive. The Publisher will notify the Unit Chairperson not less than 60 days in advance of any change. 5. If an employee, on his return from military service, is found to be physically incapacitated to the extent that he is unable to resume his former employment, the Publisher will attempt to place him in other employment and will consult with the Unit thereon. 6. The salary of an employee at the time the employee goes on military leave will be increased by the amount of any general increase negotiated by the Publisher and the Guild during the employee's absence. 7. The foregoing provisions of this Article shall govern, to the extent applicable, in the case of an employee who has completed his probationary period who volunteers for service in any organization in which service is accepted by selective service as in lieu of military service. 8. Leaves of absence, with payment of the difference between regular wages or salary in the Publisher's employ and pay and allowances paid by the U.S., shall be granted to employees who have completed their probationary period for service with the Reserve components of the Armed Forces, including the National Guard, for customary training periods not in excess of 30 days in any calendar year. Reservists called to active duty during a civil emergency shall be compensated in like manner. Such compensation for differential earnings shall not apply
A full-time employee who is required to serve on jury duty or who is required by subpoena to serve as a witness in a court of law shall be paid his regular BNA salary while so serving. An employee absent under this Article shall be expected to spend as much time within regular working hours for the Publisher as is not required for jury or witness duty. Absence under this Article shall not be charged against annual leave. The provisions of this Article shall apply to regular part-time employees where the period of 19 court service conflicts with scheduled working time. This Article shall not apply to court proceedings in which the employee is an interested party.
1. The Publisher shall provide or reimburse for the following: office supplies; phone calls necessary for the performance of the job; a computer (including repair and maintenance) and a printer: photocopying; a facsimile machine; postage; telephone answering device; automobile mileage, parking fees, or public transportation fares while on assignment; transportation, lodging, meals, sundries while on assignment in a city other than the home city; other expenses as authorized in advance by the Chief of Correspondents. The Publisher will reimburse correspondents who are not provided offices by the Publisher with $75.00 per month, effective August 1, 2000. This amount will be increased to $80.00 per month on August 1, 2001 and increased to $85.00 per month on August 1, 2002. 2. The Publisher shall pay or reimburse, upon request, the actual cost of renting or purchasing any of the following items of office furniture: one desk, one chair, one filing cabinet, one bookcase. The Publisher shall also pay for or reimburse upon request the actual cost of renting or purchasing other items of appropriate office furniture such as an ergonomic chair, computer table, printer table and a desk lamp, as authorized in advance by the Chief of Correspondents. The total payment or reimbursement shall not exceed $200 per month during the first 12 months for newly hired correspondents and $100 per month thereafter. 3. The Publisher shall pay the employment agency fee of a new hire when the Publisher has requested the agency to fill the job opening. 4. A meal allowance of $7.00 will be paid to an employee required to work (a) at least two hours overtime on a regularly scheduled work day, or (b) at least four hours overtime on a regularly scheduled day off. 5. The Publisher will reimburse correspondents for subscriptions to one of their home city newspapers and any other news publications that are necessary to provide news coverage and are approved by the Chief of Correspondents. 6. Full-time employees who have an office outside their homes are eligible for a biweekly transportation subsidy of $32.50.
The Publisher agrees to continue in effect the present tuition aid plan, which was established for the purpose of giving financial assistance to eligible BNA employees who wish to pursue types of study that will enable them to do their jobs better or assist them in preparation for advancement at BNA. Permanent full-time employees with six months service and permanent part-time employees with the equivalent of six months full time service are eligible for-approved--courses of study. Compensation for as many as three semesters or four quarters a year is permitted under the plan. One half of the amount allowed is to be paid at the time of registration, the remainder upon the successful completion of the course. The Publisher will pay for the full cost of tuition, related fees (including lab fees), and required books up to a maximum of $2,400 per semester of quarter for the duration of this contract. Approved courses of study are those that are successfully completed at a college, university, or community college, or at another institution as recognized by management, that are related to the work of BNA and taken during non-working hours. Applications should be submitted to the Training Office in writing. Supervisors and department heads shall be consulted with regard to eligibility of employees and subjects. Normally, the supervisor or department head should be consulted by those employees intending to pursue study.
ARTICLE XXIX - Work and Family 1. The Publisher agrees to continue its salary reduction plan for purposes of Dependent Care Assistance in accordance with Section 129 of the Internal Revenue Code of 1954 as amended by the Economic Recovery Act of 1981 for the benefit of eligible employees. 2. The Publisher will reimburse up to $4,000 of public or private agency fees, court costs, or legal fees associated with the adoption of a minor child.
1. Unless modified by the terms of this Agreement, the provisions of FMLA and state and local provisions, if applicable, shall govern. 2. The "12-month period" provided in FMLA and time periods provided in state and local provisions are based on normal calendar years. 3. Any paid leave provided by the Company that the employee elects to use for family or medical leave shall count against the time allowable under FMLA. 4. FMLA leave will run concurrently with any BNA Leave of Absence.
Employees shall not be required to handle struck work in the sense of performing work for another publisher against whom the Guild is on strike. "Struck work" shall not be deemed to cover (a) informational material supplied for publication by the Publisher by an employer against whom the Guild or any other union is on strike, or (b) publications or services sold to an employer, as a client of the Publisher, whether or not the Guild or any other union is on strike against such employer.
ARTICLE XXXII - Maintenance of Present Benefits No employee shall lose any rights or privileges enjoyed pursuant to company policy or general company practice prior to the signing of this Agreement. Such rights and privileges shall remain in full force and effect for the duration of this Agreement.
ARTICLE XXXIII - Duration and Renewal 1. This Agreement shall commence on July 18, 2000 and expire on July 14, 2003. 2. This Agreement shall inure to the benefit of and be binding upon the Publisher and the Guild. The Publisher agrees to make acceptance of this Agreement by its successor a condition of any sale, assignment, or other transfer of the Publisher's business. 3. At any time within sixty days immediately prior to the termination of this Agreement, the Publisher or the Guild may initiate negotiations for a new Agreement to take effect at the expiration of the present Agreement. The terms and conditions of this Agreement shall remain in effect during such negotiations. If such negotiations do not result in a new Agreement prior to the expiration of this-Agreement, the new Agreement shall be made retroactive to the expiration date of this Agreement, but in no event shall the new Agreement be retroactive for a period of more than sixty days. AFFIDAVIT OF EXECUTION OF AGREEMENT FOR THE BUREAU OF NATIONAL AFFAIRS, INC. Paul
N. Wojcik
FOR THE WASHINGTON-BALTIMORE NEWSPAPER GUILD Lori
Calderone
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