AgreementbetweenTHE BUREAU OF NATIONAL AFFAIRS, INC.ANDWASHINGTON-BALTIMORE NEWSPAPER GUILD(March 1, 2003 to February 28, 2006)Table of ContentsPreamble 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 agreements 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 shouldcontribute their fair share of support for the maintenance of those services. The Publisher recognizes the Guild as the representative of all employees in the editorial, accounting, business, production, information technology, circulation and sales departments, and the personnel office of the Publisher at Washington, D.C., and vicinity, including all part-time employees, but excluding all temporary employees, all “call-in” employees, all outside salesmen, all confidential employees who have access to the Publisher’s labor relations data, managing editors and assistant managing editors, and all other 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, Call-in, and Temporary Employees 1. Probationary: During the first three months of employment, an employee shall be deemed to be in probationary status provided he is so notified in writing at time of hiring. Failure to give such advance notice will mean that a new employee is not probationary. At any time during this three-month period, probationary employees may be discharged by the Publisher without challenge by the Guild, except for discharge for reasons as defined in Article IX, Sections 1 and 2. Probation may not be terminated prior to the end of the three-month period to avoid a bump under RIF procedures. 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 full-time 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. The bumping provisions of Article XIX shall apply in situations involving a reduction in hours required by the Publisher. 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. A part-time employee who is required to work more than 7.5 hours in any one day shall be paid overtime at the rate of time and one-half for such hours worked in excess of 7.5 hours. 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 vacancies shall be filled in the following order: a) employees electing alternative work assignment under Article XIX; b) employees on the rehire list under Article XIX; c) temporary transfers under Article XXI; d) external hires. 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 Article XVI and XXXII herein, on annual leave, on sick leave, or on temporary transfer within the Company. In the case of maternity leave, leave of absence, or temporary transfer a temporary employee may be employed for the duration of the regular employee’s leave.
4. Call-in: Call-in employees are those that work an irregular schedule averaging less than half the regular workweek of 37.5 hours. 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 last 14 days of February 2004, 2005 or 2006. 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 last 14 days of February 2004, 2005 or 2006. 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: “I agree to indemnify and save the Publisher harmless against any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Publisher in compliance with the terms of this authorization.” 1.
2. For the purpose of administering this Agreement, there shall be a reasonable and adequate number of stewards, not to exceed one for every twenty employees. Each steward shall be assigned to a specific work group or work groups, and in general the jurisdiction of one steward shall not overlap that of any other steward. The Guild shall furnish the Publisher with a list of the names of the stewards and the work groups they represent. The Unit Chairperson shall select seven individuals, preferably, but not limited to, individuals serving as stewards, to assist in the handling of grievances and to ensure uniformity of treatment and policy; however, no more than the number of persons for the Guild set forth in Article XXIV shall participate in formal grievance sessions with the Publisher. The Publisher shall compensate union stewards for reasonable time spent investigating or handling complaints and grievances and attending grievance meetings and arbitration proceedings. 3. The Guild shall be provided by the Publisher at the 25th Street and Rockville facilities with an office to be used for the purpose of administering this Agreement and conducting legitimate union business. Each office shall be appropriately furnished by the Publisher. 4. The Guild shall be provided with bulletin space by the Publisher for the posting of notices concerning Guild activities. The Publisher reserves the right to question the propriety of such notices. Such bulletin boards shall be situated in prominent locations. 5. To facilitate communication with employees, the Guild may use the Publisher’s Link Lobby during regular business hours up to seven occasions per year and once per week during bargaining. The dates and location within the Link Lobby shall be as agreed between the Publisher and the Guild. 1. There shall be a BNA Safety Committee, consisting of six members. It shall include three representatives from the Guild appointed by the Unit Chairperson, including one from Rockville. The committee shall monitor the workplace to insure safe working conditions, investigate safety complaints, and make recommendations to the Publisher. The Publisher shall make written response to recommendations within 30 days of receipt of such. 2. The Publisher shall provide for periodic tests, as determined by the Safety Committee, for radiation emissions and other safety hazards on electronic machines, equipment, apparatus, or processes and for air quality. The results of such tests shall be made available to the Guild through one of its members on the Safety Committee. 3. Adjustable chairs and arm or wrist rests shall be provided, upon request, for employees operating applicable electronic equipment. 4. The Publisher shall not secretly listen in on employee telephone calls. 5. Upon request, the Safety Committee will be briefed on company plans for major installations of new technology and equipment. 6. The Publisher shall periodically provide to the Safety Committee general information on criminal activity that occurs on BNA-owned and/or leased property (in downtown DC and in Rockville, MD) and/or that has been formally reported to BNA. 1. 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 (a) merit increases granted by name of the employee, individual amount, previous salary, resulting new salary, and effective date; (b) automatic increases paid by name of the employee, individual amount, resulting new salary, and effective date; (c) changes in classification by name of employee, any salary changes by reason thereof, and effective date; (d) name, date of hiring, classification, and salary of all new hires and transfers into the Unit; (e) resignations, retirements, deaths of employees; (f) changes in the names of employees; (g) copies of new and revised job descriptions; (h) name, date of hire, classification, salary, and purpose of hire for all temporary employees on the BNA payroll; (i) transfers to positions excluded by the Publisher, including name of individual transferred and position transferred to; (j) newly-created excluded positions, including the name of the individual hired; (k) additional excluded positions, including the name of the person hired; (l) a list of current open positions in the bargaining unit. 3. The Publisher shall, upon the written request of an employee, permit that employee to inspect personnel records as defined herein maintained on that employee in the Personnel Department’s “M” files. 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. An employee wishing to see his or her file should submit a request in writing to the Personnel Office. The Personnel Office will schedule the time for review as soon as practical. The files may not be removed from the Personnel Office and must be reviewed in the presence of a Personnel staff member. The Guild Chairperson and members of the Grievance Committee shall be permitted prompt access to such documents and records as are necessary for the purpose of conducting official unit business. ARTICLE VIII—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. 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. In order to insure that the fair employment principles stated herein are given affirmative and positive support by the Guild and the Publisher, each party shall appoint at least five members to a standing committee which shall meet at least quarterly, or at other times at the request of any two members of the committee, and which shall be empowered to make recommendations to the Guild and to the Publisher to effectuate the purposes of this Article. 4. The standing committee shall make recommendations to the Guild and Publisher for the establishment of programs to upgrade employee skills and knowledge as preparation for job advancement. 5. The Guild and Publisher shall respond to recommendations of the committee within a reasonable period of time. 6. All references to employees in 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. 7. The BNA EEO Office shall publish and distribute to all employees at least once a year a statement of the responsibilities and services of the Office. 1. Effective with the first pay period following ratification of the contract, the salary scale shall be as shown in Appendix A to this agreement. Any employee whose salary falls below the new minimum of his/her salary range shall receive an adjustment to minimum on that date, with no change in anniversary date. Effective February 29, 2004, the salary scale shall be as shown in Appendix A to this agreement. Effective February 28, 2005, the salary scale shall be as shown in Appendix A to this agreement. 2. There shall be no pay cuts during the life of this Agreement except by agreement of the parties. 3. Salaries shall be paid bi-weekly. 4. All salary actions shall be calculated based on current weekly salary, with the resulting new salary rounded to the nearest cent. 5. All regular full-time and regular part-time employees who are in Steps 0-5 on the date of ratification shall be assigned to a band based on current grade and annual salary and shall receive a transitional increase of 1.75% on the third payday following ratification of this contract. There shall be no change in their anniversary dates or bands as a result of the transitional increase. On their anniversary dates, these employees shall receive the balance of their annual increases for the first year of the contract as follows:
6. All regular full-time and regular part-time employees who are in Step 6 on the date of ratification shall be assigned to a band based on current grade and annual salary and shall receive their entire annual increase for the first year of the contract on the third payday following ratification of this contract; as follows:
The date of the increase shall become their new anniversary date. 7. Beginning February 29, 2004, all regular full-time and regular part-time employees shall be entitled to approved annual salary increases on their anniversary dates, as follows:
8. The
Publisher shall continue to recognize the policy of merit increases in administration
of the salary scale for all employees. An employee who has progressed to
the minimum of Band D for his/her grade shall be considered for a merit
increase at least annually on his/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 for employees in Bands A-C shall
be 3% of current salary. Merit increases for employees in Band D shall be
2% of current salary. A merit increase shall have no effect on an employee’s
anniversary date.
9. When
a salary increase within the same grade results in a new annual salary
that falls within a higher band of the grade, the higher band into which
the new annual salary falls shall become the employee’s band. 10. When
an employee is promoted into a different job in a higher grade, the employee
shall receive a promotional increase that is the greater of (a) the amount
necessary to take the annual salary to the minimum of the new grade or
(b) 4.25% of his/her current annual salary. The employee’s anniversary
date shall be adjusted to 12 months from the date of the promotion. 11. Time
spent in a position to which an employee has been temporarily transferred
shall count as time spent in the employee’s regular position. 12. Effective
February 29, 2004, the salary scale shall include Grade 11. ARTICLE XI—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 XII—Hours and Overtime 1. The five-day workweek is 37.50 hours. The regular workweek shall be Monday through Friday. 2. Cash overtime at the rate of time and one-half for hours in excess of 37.50 in one week shall be paid to all employees whose regular weekly salary is not above the current applicable salary for the current maximum for Band C of Grade 10. In the the event that any changes are made in the Fair Labor Standards Act that permit employees to voluntarily opt for compensatory time in lieu of cash overtime, employees who are eligible for cash overtime will be allowed to choose compensatory time. The Publisher and the Guild will bargain in impact on affected employees. 3. The Publisher and the Guild mutually agree that compulsory overtime work shall be avoided wherever feasible. An employee has the right to request excuse from overtime, and this shall be granted unless no other appropriate employee is available. 4. Overtime work shall be distributed and rotated as equally as possible among employees within each department. 5. Any employee required to report to work on an overtime basis on a regularly scheduled day off shall be guaranteed a minimum of four (4) hours overtime pay. 6. Employees not entitled to time and one-half for overtime under the terms of Section 2 above shall be given compensatory time at the rate of time and one-half. Compensatory time off shall be taken no later than the four-week period immediately succeeding the four-week period in which such overtime work was accrued. Compensatory time off shall be taken in units of not less than one working day unless by mutual agreement of the parties some lesser period is determined to be proper. 7.
8. All overtime work performed on special projects by employees who are not entitled to time and one-half for overtime under the terms of this Article shall be paid for in cash at time and one-half. 9. Time off with pay on a holiday shall count as time worked for purposes of this article. 10. When an employee who has been absent on paid leave during the regular workweek is requested by the Publisher to work beyond his regular working schedule for that workweek, such paid leave time shall be counted as time worked for overtime purposes. 11. Employees required to travel to and from out-of-town assignments after the regular workday or on scheduled days off shall be given compensatory time off at the rate of time and one-half, provided they have had the overtime and travel arrangements approved in advance. Advance approval shall not be required if not possible due to circumstances outside of the employee’s control. 12. In the event essential employees are required to work when other BNA employees working at the same location are excused with pay for reasons of bad weather, power failure, fire, civil disturbance, or other emergency creating a similar disruption, such essential employees shall be compensated at the rate of time and one-half. Employees who had taken annual leave or personal leave because of the reasons listed in this section shall have such leave recredited for the period the Publisher has excused employees, provided they would not have been required to work with other essential employees. 1. The following holidays or the days legally observed as such shall be granted, without loss of pay, to all employees except those working for BNA Software or at the Publisher’s Rockville facility:
A day of mourning declared a national holiday observed by the Federal Government, shall not be granted to all employees as holiday. Employees will instead be entitled to an extra day of personal leave to be used in the twelve-month period beginning with the day of mourning. 2. The following holidays or the days legally observed as such shall be granted, without loss of pay, to all employees working for BNA Software or at the Publisher’s Rockville facility:
A day of mourning declared a national holiday observed by the Federal Government, shall not be granted to all employees as a holiday. Employees will instead be entitled to an extra day of personal leave to be used in the twelve-month period beginning with the day of mourning. 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 any of the above-listed holidays 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 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. Except for Section 6a of this Article, 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, D.C., area with respect to holidays which occur on Saturday or Sunday. 8. A manager of a department/unit may, at his or her discretion, allow employees to work on the holidays listed below in exchange for one more day of annual leave to be taken in accordance with the annual leave scheduling procedures of the respective department/unit. For employees in section 1:
No employee shall be required to exchange any holiday for annual leave. 9. Holiday work, including exchange opportunities, shall be distributed and rotated as equally as possible among interested employees within each department/ unit. 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 and may not be taken in increments of less than a quarter hour. Annual leave shall be credited biweekly, as earned. 3.
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 section 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 (a) interfere with the operation of the business, or (b) deprive another employee of the opportunity to have a two-week annual leave in the period between June 1 and September 15. 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 three-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 XV—Paid Leave: Sick, Parenting, 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. 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. 6. Employees may take up to a total of 15 days of paid leave for parenting purposes within the first 90 days prior to and/or following the expected birth or adoption of their child. 7. Effective January 1, 2004, in any given calendar year period, an employee may take up to ten (10) working days of accumulated sick leave to care for a spouse, parent, or one acting as a parent, or cohabitating life-partner provided that said relation and the employee have provided FMLA certification of the illness. Sick leave that is not supported by such certification must be recorded as either annual or personal leave or leave without pay. 8. 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. 9. 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 1 and before September 1—two days; and hired on or after September 1 and before December 1—one day. 10. Any employee who is registered to vote and who is scheduled to work on election day shall receive the necessary time off with pay to enable him to vote in the District of Columbia or in the adjacent states of Maryland or Virginia. The amount of voting 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. 11. 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 for eligibility for FMLA coverage. 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 of absence 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: those situations granted pursuant to Article XV above, and a 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 (a) attendance by elected delegates at Communications Workers of America conventions and Guild Sector meetings or, in the case of an elected officer of the Guild, attendance at such regular meetings as may be required, provided, however, that not more than two members of the Unit shall avail themselves of leaves of absence on Guild business in any one year during the life of this Agreement, and such absences shall be limited to one week at a time; and (b) service in an elected or appointed position in the Communications Workers of America and the Guild or an affiliate thereof, or any organization with which the Guild has formal affiliation, such as the AFL-CIO or the National Association for the Advancement of Colored People. Leave under subparagraph (a) must be requested five (5) days in advance and under subparagraph (b) 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 (a) holiday pay shall not be granted for holidays falling during such leave periods, and (b) in unpaid leaves of more than 30 days’ duration, the days in excess of the first 30 days shall not be counted as time worked in computing leave and length of service increases except as required by law or in Article XXVII of this Agreement. 5. During all leaves provided under Articles XV, XVI, and XXXII, 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 XXIII. The period of the leave of absence shall not be included in the computation of severance pay. ARTICLE XVII—Health and Welfare A. For Active Employees 1. Upon completion of one month’s employment, full-time and eligible part-time employees of the Publisher shall be eligible to participate in the Life, Accidental Death and Dismemberment, Health and Hospitalization, Dental, Vision Care, Prescription Drug and Long Term Disability Insurance provided by the Publisher, in accordance with the terms of such programs as they may from time to time be modified by the Publisher or insurance carriers. 2. Full-time and eligible part-time employees shall be eligible to participate in the Life, Accidental Death and Dismemberment, and Long Term Disability Insurance at no cost to the employee. 3. Effective January 1, 2004, the annual deductible for non-network care under the PPO medical plan shall be $375.00 per individual, to a maximum of $1125.00 per family. The annual out-of-pocket co-payment maximum for non-network care under the PPO medical plan shall be 3% of base salary as of January 1, to a maximum of 6% per family. 4.
5. Eligible part-time employees hired on or before June 1, 1988, and eligible part-time employees hired after June 1, 1988, who are regularly scheduled to work at least 30 hours per week are not required to pay premiums for dependent coverage. Eligible part-timers hired after June 1, 1988, who elect family coverage will be required to pay 50% of the difference between the employee-only and family premiums. B. For Retirees 1. Employees shall be eligible to participate in the Life, Health and Hospitalization, Dental, Vision Care, and Prescription Drug insurance benefits, in accordance with the terms of such programs as they may from time to time be modified by the Publisher or insurance carriers, when they retire. 2. The terms and conditions for retiree participation in the BNA Health and Hospitalization, Dental, Vision Care, and Prescription Drug insurance plans for all covered BNA employees retiring during the term of this agreement will be as follows:
1. The Publisher shall continue in effect the BNA Employees’ Retirement Plan, as amended to comply with the Employee Retirement Income Security Act of 1974, and shall provide the benefits set forth in Appendix C. 2. An employee who is no more than 12 months from the date of retirement eligibility under the Normal Retirement Date provisions, the Special Early Rule (Rule of 85) provisions or the Regular Early (55-15) provisions of the BNA Employees’ Retirement Plan may elect to phase into retirement. Upon three months written advance 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 one year prior to the date the employee has chosen for his retirement date. The written notice must include the date the employee has elected to retire, whether that date is based upon the Normal, the Special Early or the Regular 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 . 1. There shall be no dismissals as a result of putting this Agreement into effect. At such time as the company reports a net loss in its consolidated income statement in a 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. For the term of this contract, the Publisher will make every reasonable effort not to lay off any employee whose job has been eliminated due to the implementation of the Business Systems Plan or the Publishing Systems Plan. 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 affected employee(s) and to the Unit Chairperson. The notice to the Unit Chair shall be in writing. Other dismissals for just and sufficient cause shall require at least two weeks’ written notice upon both the Unit Chairperson and the employee. 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 discharges 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 and affected employees shall be notified 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. Upon request from the Unit Chairperson within 10 days of the notice the Publisher and the Guild will meet to discuss alternatives to a reduction-in-force. If no alternative is agreed to, the following procedures shall apply:
6. Employees who have completed their probationary period and who are terminated pursuant to paragraphs 5 (d) and 5 (e) above shall have the right to be placed on a rehiring list by notifying Human Resources prior to the final day of employment. The Publisher shall fill all vacancies, including temporary positions under Article II, with persons on the list who previously have performed satisfactorily in the order of length of service with the company provided the duties of the vacant position are substantially similar to the position in which the employee served. Where different skills and abilities are required in the vacant position, employees shall have the right to demonstrate the requisite skill and ability. These rights shall be governed by the following conditions:
7. Employees who are terminated pursuant to paragraphs 5(d) and 5(e) above who have not been offered other positions within two pay grades of their former position by the Publisher and who exercise their right under COBRA to continue their coverage under the BNA group health program following termination may choose to have their monthly COBRA 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. 8. The Publisher shall give at least three months’ written notice to the Unit Chairperson of intent to introduce new or modified equipment, machines, or machine-related methods that will eliminate existing positions, or alter job content of existing positions so as to require substantially different skills. The parties will discuss the timing and procedures for the introduction of such new or modified equipment, machines, or machine-related methods insofar as they will have an impact upon wages, hours, or working conditions of employees. 9. If the position of a full-time employee is eliminated or threatened due to the introduction of new or modified equipment, machines, methods, or processes, such employee shall be given the opportunity to receive reasonable training at the Publisher’s expense in order to qualify for a new job that may be created or for an opening that results from normal turnover. When new equipment, methods, or processes are introduced in a section, the Publisher shall endeavor to insure that all interested employees in the section whose class of jobs would be affected receive training so that they may qualify for new positions or changed jobs. 10. Before an employee is required to appear at an interview that might result in serious disciplinary action, including but not limited to suspensions and discharge, he shall be advised of his right to have a union representative present. 11. Upon request, BNA will provide to terminating employees information on options available under the, BNA Employees’ Retirement Plan, Stock Purchase and Transfer Plan, BNA 401(k) Plan, health and life insurance plans, and BNA’s profit sharing plan. 12. Employees electing to be placed on the re-hire list shall have access to Company provided in-house training on a space available basis. 13. In order to assure continued employment wherever possible, employees affected by a reduction in force (Section 5) who are not placed in new permanent positions by the end of their notice period (Section 5e) may elect to be assigned alternative work assignments by the Publisher for work for which they appear qualified. Such assignments will be of a non-intermittent nature. An employee electing this option shall
If there are no assignments available for which the employee appears qualified, the employee shall be dismissed with severance pay pursuant to this Article and Article XXIII Section 1. ARTICLE XX—Job Openings and Advancement 1. The Publisher shall continue the present policy of promotion from within. The Publisher reserves the right, however, to recruit nonemployees for jobs where such persons have qualifications acquired by specialized training to fill the particular needs of the Publisher. 2. When an opening occurs in any job covered by this Agreement, or when a new job is created within the coverage of this Agreement, and the job is not filled by an employee within the same section, the job shall be posted for a minimum of five working days on various company bulletin boards and the online posting bulletin board. Late bids will not be accepted beyond 30 days from the first day of posting. The notice shall specify the classification of the job, the section in which the job is located, and, where practicable, special qualifications or requirements. A full description for each posted opening will be available in the Personnel Office and with the Unit Chairperson for inspection by interested employees. Each employee who has completed six months of BNA employment and is not otherwise in a probationary period shall have the right to apply for any posted job in a higher classification and shall be considered by the Publisher as an applicant for such job. Where no employee with at least six months of BNA employment and not otherwise in a probationary period applies for such job, the Publisher will accept and consider applications of employees with less than six months of BNA employment or who are otherwise in a probationary period. In the event a successful job bidder who still is in probationary status as defined in Section 1 of Article II is selected, he shall be deemed to have completed his initial probationary employment period. All applicants shall make application for the job in writing to the Personnel Office or to the online postings bulletin board. The Publisher shall select the best candidate among those employees applying based on their qualifications and ability, provided one or more has the necessary qualifications and ability. Seniority shall be one factor considered, but shall not be given greater weight than other job-related factors. If no employee applicant has the necessary qualifications and ability, the job may be offered to nonemployees. When an employee is promoted into a different job in a higher grade, the employee shall receive a promotional increase that is the greater of (a) the amount necessary to take the salary to the minimum of the new grade or (b) 4.25% of his/her current annual salary. The employee’s anniversary date shall be adjusted to 12 months from the date of the promotion. The Publisher may consider an application for a lateral transfer, or a transfer to a lower-rated job. Such consideration shall be discretionary with the Publisher, except that an employee who has reached Band C of his grade level shall have the right to bid for an opening on the same grade level if (a) he regards the vacancy as an opportunity for job enrichment or personal advancement, and (b) he has not bid successfully for any other job opening during the previous one-year period. An employee who exercises a successful lateral bid pursuant to this exception shall be barred from bidding for any other job for a one-year period. An unsuccessful job bidder shall receive written notice from the Publisher stating the reasons for the rejection of the bid. A copy of this notice shall be sent to the Unit Chairperson. The notice shall inform the bidder of his right to utilize the Grievance Procedure of Article XXIV if he is dissatisfied with the rejection of the bid. Upon request of the Unit Chairperson, the Publisher shall make available to the Unit the criteria used in evaluating an employee, the tests, if any, given to an employee seeking promotion or transfer, and the results of any such tests. A successful job bidder shall be deemed to be in a probationary status for a period not to exceed three months, and shall be so notified at the time of commencing his new employment. During each month of his probation period, he shall be notified in writing of his progress. If within the three-month period the Publisher determines that the successful bidder is not able to perform the required job duties, the employee shall be returned without prejudice to his former job. In the event of such return, any other employee who has been transferred or promoted as a result of the bid likewise shall be returned to his former job, and any new employee, still in probationary status, shall be terminated unless he can be placed in another position. Jobs for which specialized talent or background are required may not be filled from the outside during the posting period and the subsequent time necessary for consideration and evaluation by the Publisher of all applicants. When an opening has been filled pursuant to the foregoing provisions, the Publisher shall advise the Unit Chairperson of the name, salary, and classification of the person selected. The Publisher shall establish no fewer than three junior level or trainee positions during the term of this agreement. Such positions will normally be one grade lower than that of the usual entry grade level position. The minimum qualifications for these positions will not include any experience component (although experience will not be precluded from consideration), but will assume a minimum of training, skills, and/or ability. The trainee shall be promoted when the trainee satisfies the stated criteria for the next higher grade level position. The Publisher will notify the Guild of the names of new junior level and trainee hires in accordance with Article VII, section 2. Notice of junior level or trainee positions will be subject to the provisions of Article XXI, section 5. 3. As used herein the term “qualifications” includes ability to meet writing or other requirements of a job, training in or familiarity with a specialized subject, ability to make new contacts, or any special background which may be necessary to fit an individual for a particular job. 4. Where writing samples are used as part of the testing procedure in the selection process, the identity of the applicant will be withheld until grading is completed. A formal interview shall not be required prior to taking a test. Testing will be permitted if an employee presents a reasonable case for meeting non-objective job requirements. 5. There shall be a joint committee to review new tests and testing procedures. The committee shall be made up of three members from management and three members from the Guild, and shall meet at least quarterly to ensure that there is a rational relationship between a test and the skills required for the job. Two weeks prior to each meeting of the joint committee, Personnel shall provide the Guild a list of all new tests used since the last meeting. The Guild may select six tests for review. The committee members shall treat the tests as confidential. 6. Employees shall have access to BNA in-house training programs on the following basis: (a) training is at management’s discretion; (b) training that is directly related to an employee’s job is on company time; and (c) training that may help employees move into a new position is available. However, management may require that an employee makes up half the time spent in such training. The parties reaffirm their joint goal of providing employees whose skills may be rendered less valuable by changing technology the opportunity to learn new skills and continue their careers. Toward this end, the Publisher agrees to make every reasonable effort to provide training to employees for new skills and equipment as soon as practicable. 7. BNA will continue to post vacancies in the correspondents unit. All costs, including travel, interviewing, testing and relocation costs, associated with pursuit of a correspondent job shall be borne by the employee. 1. No employee shall be transferred by the Publisher to work located beyond the Washington Metropolitan Area, whether in the same enterprise or in other enterprises conducted by the Publisher, or by a subsidiary, related, or parent company of the Publisher, without the employee’s consent and payment by the Publisher of all transportation and other moving expenses of the employee and his family. There shall be no reduction in salary or impairment of other benefits as a result of such transfer. 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. No employee who accepts a temporary transfer to a different job in the same or lower grade shall receive a reduction in salary for the duration of the temporary transfer. An employee who accepts a temporary transfer to a different job in a higher grade shall receive a salary increase that is the greater of (a) the amount necessary to take the salary to the minimum of the new grade or (b) 4.25% of his/her current weekly salary. The new salary shall apply for the duration of the temporary transfer. 4. Employees who transfer at the direction of the Publisher and desire to move closer to their new work place within 12 months following their relocation shall be reimbursed by the Publisher for the reasonable costs of moving their household goods. 5. In order to facilitate upward mobility, the Publisher will consider applications for temporary transfer from employees possessing prerequisite educational qualifications, skills or abilities to fill openings created by employees on leave of absence, on annual leave, on sick leave, or on temporary transfer within the Company. Acceptance of such temporary transfer is solely at the option of the employee. Notice of temporary transfer opportunities of three or more months’ duration shall be placed on company bulletin boards, following the supervisor’s consideration of applications for temporary transfer already on file with the Human Resources Office.
ARTICLE XXII—Determination of Service 1. An individual whose employment with the Publisher is terminated after successful completion of the initial probationary period and who is subsequen | |||||||||||||||||||||||||||||||||||||||