BNG Contract CommunicationsSome members have expressed concern regarding changes in performance management/discipline language for Outside Salespeople in the proposed contract that will be voted upon on Wednesday.
The Union's negotiating team believes a close examination of the changes will calm many of the concerns and show the differences between the current discipline provisions for Outside Salespeople and the proposed provisions.
The current performance standard language is on pages 13 and 106 of the current contract. Please refer to the attachment for full language. The current language states disciple must be administered fairly and consistently for just cause.
The BNG Executive Committee believes the current language is too vague. The union believes individual standards should be devised for individual industries/territories and those standards should be derived from not only Globe numbers but rather by a collective of Globe numbers and other outside trends and indicators of each individual category/territory.
This language alone requires the Globe prior to any termination to show the numbers given to a sales rep and then support them. To prove that they are a fair representation of that book of business. This language allows the union to challenge the numbers/standard that was set. That currently is not the case.
In fact, many aspects of the new language would benefit our members in that Contract Interpretation standards in the grievance and arbitration process benefits the guild when the language is plain and unambiguous. In the current contract the term “reasonable” allows a great deal of ambiguity, while the current proposed contract takes that ambiguity away and requires performance reviews to include such items as individuals industry and territories and their trends combined with outside trends and indicators of these very same industry and territories.
The changes in the proposed contract are more significant for Tier 1 salespeople than Tier 2 salespeople. In exchange for these changes, the Company has agreed to pay Tier 1 salespeople a one-time payment of $500. To get an accurate understanding of the changes, we must look at how they impact Tier 1 and Tier 2 salespeople separately.
TIER 1
Currently, Tier 1 salespeople can be (and have been) disciplined for their performance under Article III, Section 2 (page 13 of our contract, see attachment A). The vast majorities of our members are, and will continue to be, subject to these provisions, which have been in place for many years. They state that warnings ''may be issued regarding an aspect of an employee's performance, which could lead to suspension or dismissal, if uncorrected'' and that discipline ''must be administered fairly and consistently.'' In cases of performance-based discipline, a verbal warning must precede any written warnings, a minimum of two written warnings must be issued before an employee may be dismissed, and an employee must be allowed ''a reasonable amount of time to correct the behavior or conduct.'' The new provisions (from Section 2 of the Boston.com integration memorandum of agreement, see attachment B) are much less vague. They state all Outside Salespeople can be disciplined ''for failure to achieve or maintain reasonable, written minimum sales goals as may be established by the Globe from time to time'' in accordance with the new language. The language states that ''reasonable sales goals may include, but not be limited to, revenue goals, number of new advertisers, presentation skills, and other measurable indicators of sales performance.''
The Union negotiating team, along with its counsel, believes this language provides protection by requiring management to use individual standards based on each salesperson's category and territory. Standards are to be derived from not only Globe numbers but by a collective of Globe numbers and other outside trends and indicators of each individual's category and territory. The new language gives the Union a better chance to fight discipline that seems to be arbitrary or targeted and goals that are unfair by providing specific factors that must be taken into account and requiring management to show standards are a fair representation of an individual's book of business.
The timeline for discipline also would be much more specific, which could work in our members' favor. Instead of requiring just ''reasonable time,'' which can be very subjective and at management's discretion, the new language sets minimum periods for improvement. After receiving a verbal warning because of performance issues, a Tier 1 salesperson would have at least 60 days to address the problem before receiving a written warning, then at least another 30 days before receiving a second written warning, then at least another 30 days before being subject to further discipline.
Under the current language, management could and has moved to discharge quicker.
TIER 2
Currently, Tier 2 salespeople can be disciplined for their performance under the provisions on page 106 of the current contract (see attachment C). This language dates to the creation of the Tier 2 category. Compare the language on attachment C to attachment B, the proposed new language. It remains virtually unchanged, with Tier 2 salespeople continuing to be subject to discipline for ''failure to achieve or maintain reasonable, written minimum sales goals.'' The timeframes of discipline also are unchanged, requiring first a verbal warning, then at least 45 days before a written warning, then at least another 30 days before any further discipline.
The only language change as pertains to Tier 2 salespeople is the inclusion of factors that must be considered in determining ''reasonable sales goals,'' which are described above. Again, the Union negotiating team believes the added specifications are an improvement from the vague language, giving members more protection against unfair discipline.
The new contract also would create a joint Union-management committee to review the performance management programs, something that does not exist now. This would allow sales reps and the Union to oversee how the standards are determined and have input in discussions.
The Union recognizes some of the current goals and standards have not been realistic nor received in a timely manner and recently filed a grievance to combat the situation. We feel a standing committee also will help address this issue going forward.
The language being modified applies specifically to Outside Salespeople. All other job classifications still fall under the performance/discipline language on page 13 of our contract.
If anyone has further questions or would like to talk about this, please contact the Union office at 265-2666 or any member of the Executive Committee.
We hope you will take the time to look carefully at the language and consider the impact of the changes before deciding how to vote.
Attachments Enclosed:
attachment A -- page 13 of current contract;
attachment B -- section 2A of the boston.com integration memorandum
attachment C -- page 106 of the current contract
Attachment A and C are combined in one PDF file. Download the PDF (639k)
December 13, 2006