Our Contract

« Appendix A: Exemptions | Main | Appendix C: Zone Reporter Side Letter »

Appendix B: Outside Advertising Salesperson Sideletter

January 30, 2003

Steven P. Richards, President
BNG/TNG-CWA Local 31245
RE: Outside Advertising Salespersons

Dear Steve:

This is to confirm that the parties have negotiated and agreed upon the following terms and conditions for new hires in the job category of 窶廾utside Advertising Salespersons窶?:

1. There may be both full and part-time employees employed in the position.

2. The negotiated wage increases for 2001 and 2002 shall be applied to the 2000 wage scale.

Effective January 1, 2003 the wage scale shall be as follows. These rates do not include the negotiated increase, if any, for 2003:

First Year $550.00/wk
Second Year $590.00/wk
Third Year $620.00/wk
Fourth Year $655.00/wk

In addition to the base wage rate, the Employer shall maintain a reasonable commission program structured such that an Outside Advertising Salesperson in normal market conditions shall have the opportunity to earn a total of between $900 to $1300 per week or more in both salary and commission together.

The Globe annually shall provide a copy of the commission program to the Union and the affected employees. The following notification schedule shall apply to any plan changes: 1) for major changes in the plan, which may include, but are not limited to, changes in the measures of performance or the manner in which compensation is calculated, and the grouping of plan participants into compensation plan categories, the Globe shall provide a copy of such modifications to the Union and the affected employees at least thirty (30) calendar days before these changes are scheduled to go into effect; 2) for other changes to the plan which would include, by way of example, participant goals and/or targets or the launch or discontinuation of short term programs intended to promote the sale of particular products or services, the Globe shall provide a copy of such modifications to the Union and the affected employees at least seven (7) working days before they are scheduled to go into effect.

The Globe, upon the Union窶冱 request, will meet to review all such modifications and discuss any questions and/or issues that arise. The type of commission program and changes therein, and decisions with respect to the administration of any such programs, shall be determined solely by the Employer.

3. A record of all sales and commissions, including accounts for which commissions were earned, shall be compiled monthly and copies shall be given to the respective employee. This information shall be provided to the Union upon request. The Globe will make all reasonable efforts to pay commissions no later than six (6) weeks after the earning period has ended.

4. New hires in this category shall have a probationary period of eight (8) months. Discharges during this period shall not be subject to review by the Union nor subject to the Grievance and Arbitration procedure under Article XI. During the probationary period written evaluations will be prepared and discussed with the new employee within the first 90 days, within the next 60 days, and at least 15 days prior to the end of the probationary period. Probationary employees who are discharged without having received one of the required written evaluations shall receive one week窶冱 severance pay or by agreement between the Globe and the employee their probation may be extended for one more month. A probationary employee discharged without receiving more than one of the required written evaluations shall receive two weeks severance pay or by mutual agreement between the Globe and the employee their probation may be extended for one more month. A probationary employee discharged without receiving any evaluations shall have their probation extended one more month.

5. The Globe may terminate any Outside Advertising Salesperson hired under the terms of this side letter agreement (and its predecessor) for failure to maintain reasonable, written minimum sales goals established by the Globe as long as such Salesperson has received a prior verbal warning and, if no improvement is shown after 45 calendar days, a written warning. A written record will be made of all verbal warnings under this paragraph. The Salesperson will have at least 30 calendar days after receiving such written warning to meet such minimum goals prior to being subject to discharge. The failure to maintain reasonable written minimum sales goals, subject to the progressive discipline outlined above, will constitute just cause for dismissal.

Discipline for reasons other than failure to maintain reasonable sales goals shall be administered pursuant to Article III, Section 2. 窶廨randfathered窶? Outside Advertising Salespersons shall continue to be subject to the provisions of Article III, Section 2 (窶廛iscipline and Discharge窶?) for all such discipline.

6. For the duration of this contract, first consideration to fill at least one (1) or twenty five per cent (25%) (whichever is more) of the Outside Advertising Salesperson positions filled per year will be given to a qualified current Advertising Department bargaining unit employee from Inside Sales (Including Outbound Classified) and Special Projects Group. The Globe will interview at least one (1) applicant from each of these two Advertising areas (provided there are applicants from each group) for each posted position.

Any current Advertising Department employee who is selected to fill an Outside Advertising Salesperson position may return or be returned to his/her former position if either the employee or the Globe so chooses during their first twelve (12) months of employment as an Outside Advertising Salesperson. The rate of pay shall be as though the employee never left. There shall be no break in continuity of service for such employees.

7. Except as provided in Section 5, all new hires into Outside Advertising Salesperson positions shall come under the same contractual provisions (including benefit entitlements and grievance and arbitration rights) as other bargaining unit employees.

8. All current (by name) Outside Advertising Salespersons (the 窶徃randfathered Outside Advertising Salespersons窶?) will be guaranteed their current rate of pay plus future negotiated salary increases, if any, equivalent to those negotiated for the entire bargaining unit for the period through December 31, 2009) provided they remain in the Outside Advertising Salesperson position. Thereafter, the issue of wage rates for these named Outside Advertising Salespersons will be included in the overall bargaining process.

9. All employees previously hired into the wage classification of 窶彜pecial Incentive Salespersons窶? shall be reclassified as 窶廾utside Advertising Salespersons.窶? (窶廸ew Hires窶?) For purposes of Article II, Section 5, 窶彜eniority Defined窶?, all time spent in the position of 窶彜pecial Incentive Salesperson窶? shall be included for both 窶彙argaining unit seniority窶? and 窶彡lassification seniority窶? as an Outside Advertising Salesperson.

10. The Globe may offer the option to current Outside Salespersons to transition to the "new hire" salary/commission pay structure under the following terms and conditions: 1) the Globe will have the right to reject any Outside Salesperson based on its assessment of suitability for the position. Upon request, a rejected employee will be given, in writing, the reasons for the denial; 2) those employees selected will be paid no less than his/her current full salary for a period of six months (the "Trial Period") during which commissions earned under the "new hire" structure will be offset against the higher salary; 3) at the end of the Trial Period the employee may choose to return or may be returned by Advertising management to the "grandfathered" salary/commission structure. After that time Outside Salespersons who remain in the "new hire" structure will be paid salary/commission under the "new hire" structure; 5) employees who remain will be paid a onetime transition bonus of $1800 (less applicable taxes).

Very truly yours,
Gregory L. Thornton

(Steven P. Richards, President
Boston Newspaper Guild Local 31245)

January 23, 2001