« Article I: Recognition | Main | Article III: Job Security »

1. Duration of Contract

This contract shall remain in force from January 1, 2001 through December 31, 2005. Either of the parties shall give notice to the other in writing of a desire to change any of its provisions at least sixty (60) days before December 31, 2005.

2. Fair Practices

A. Discrimination

The Employer agrees that it will not discriminate against a bargaining unit employee or prospective employee by reason of race, creed, color, national origin, political or religious views, Union position, sex, sexual orientation, gender identity or expression, age, physical or mental disability, marital status, physical appearance apart from dress beyond bona fide occupational requirements, parenthood or child-bearing capacity.

B. Affirmative Action

The Employer agrees to continue recruitment and employment of minority persons and women for positions covered by this agreement where they are significantly underrepresented, for which they meet the minimum qualifications and for which they apply.

The Employer also agrees to make every effort permissible under applicable law to fully consider present minority or women employees for promotion or transfer, where they are significantly under-represented. In such situations, the minority and/or women applicants
whose qualifications and ability to perform the job are essentially equal to competing applicants will be given serious consideration when he/she/they apply for positions where minorities and/or women are significantly under-represented.

The Employer agrees to keep an accurate record of all applications for all positions and the action taken on these applications.
The Employer also agrees to provide assistance where applicable for minorities and women who are hired and/or promoted, as described in Article XII, Section 2 (On-the-Job Training).

C. Anti-Harassment

The Employer recognizes that no bargaining unit employee shall be subjected to sexual harassment. Sexual harassment includes, but is not limited to, any sexual attention that is unwanted. In cases of such harassment, an employee may pursue the grievance procedure for redress.

Sexual harassment grievances will be processed as expeditiously as possible. If, after the grievance is settled, the bargaining unit employee feels uncomfortable about returning to his/her job, the bargaining unit employee shall be entitled to transfer to an equivalent position at the same salary and level as soon as a vacancy exists for which he/she is qualified.

The Employer further agrees that no bargaining unit employee shall be subject to harassment based on race, creed, color, sex, national origin, Union activity, age, physical or mental disability or sexual orientation. Any such harassment grievances will be processed as expeditiously as possible.

D. Personal Services

No person shall ask a bargaining unit employee to perform personal services or services that are unrelated to the business of the Employer unless such services are performed during non-working hours and for mutually agreeable compensation. Such services include, but are not limited to, personal errands and preparing non-Globe materials.

E. Joint Committee on Workplace Equity and Diversity

The Joint Committee on Workplace Equity and Diversity shall consist of no more than four members from the union and no more than four members from management. The joint committee shall receive and discuss all proposals and initiatives involving equity and diversity, and shall make agreed upon recommendations to the BNG Executive Committee and to Globe management for their consideration. The joint committee shall meet during regular work hours and at employer expense and at the request of either party. Either party may put items on the agenda for the meeting. The joint committee, which replaced the contractual Fair Employment Committee is empowered 窶徼o review complaints of discrimination or harassment in violation of Article II, Section 2C and any settlement of such complaints and make recommendations to the Union and to the Employer to accomplish the purpose of the Fair Employment principles contained herein.窶? BNG members or Globe members may invite special guests to meet with the committee and discuss issues that would be helpful to the committee窶冱 purposes.

3A. New Job Categories

The Union shall be notified sixty (60) days prior to the creation of job categories or positions not listed in Article VI (Wages). This 60-day notice shall be observed unless otherwise agreed to in writing by the Union. Said notice shall include a posting in the form as set forth in this Agreement. The Union and the Employer shall then negotiate the appropriate job description and scale. The new job shall be posted as set forth in Article II, Section 6 (Filling Vacancies). If agreement is not reached within the 60-day period, either party may refer the unresolved issues to arbitration. If no agreement is reached, pursuant to Section 6(B) of this Article, the Union shall post the notice proposed by the Employer, noting the Union窶冱 objection to such posting.

3B. Significantly Altered Job Categories

The Union shall also be notified contemporaneously of existing categories or positions whose duties are significantly altered, other than through the introduction of new technology under Article VIII. Upon request by either party, the Union and the company shall negotiate the appropriate job description and scale. If agreement is not reached, either party may refer the unresolved issues to arbitration.

4. Minimum Qualifications

Minimum job qualifications (including education and experience requirements) for bargaining unit jobs in departments covered by this contract shall be clearly established in written form and shall not exceed those required for satisfactory job performance. Any bargaining unit employee may see a copy of the qualifications for those jobs that interest him or her.

The Union shall have the right to review the qualifications for individual jobs on an ongoing basis. The Union may recommend, and the Employer agrees to seriously consider, alternative qualifications that the Union feels are either equivalent to the qualifications
established (e.g. two year窶冱 work experience can satisfy a degree requirement) or are more appropriate for the position.

5. Employment Tests

All ability tests used by the Employer for filling unit job openings must be reviewed by the Union before they are given to bargaining unit applicants. A notice that such tests will be administered must be included in the posting notice under the 窶弉ualifications窶? section of the Job Posting form. Results of such tests shall be given to the applicant upon request. Unless agreed to by the parties in disciplinary proceedings, medical tests or exams required of bargaining unit employees shall be restricted to those tests or exams relating to: a) the employee窶冱 continued ability to perform the essential functions of his or her job following illness or injury; and b) infectious disease epidemics (excepting HIV/AIDS).

6. Filling Vacancies

A. Vacancies

The Employer shall notify the Union prior to filling any vacancy. A vacancy shall be defined as an opening caused by transfer, dismissal, resignation, or retirement of an employee, creation of a new job classification or an increase in the staff of any department covered by this agreement. It shall not be defined to include promotion of
any employee to existing senior merit positions of Systems Analyst and Senior Systems Analyst in the Information Services Department or Buyer in the Purchasing Department.

B. Posting

At least ten (10) calendar days prior to filling a vacancy the Employer shall send notices to the Union offices of all openings that occur within the bargaining unit whether existing or newly created. No sooner than 24 hours after the Union has been notified of the new
posting(s), the Employer may post all such job openings on its internal web site (currently known as 窶廚ompass窶?) and the Union may post such openings on its web site.

Postings on the Employer窶冱 internal web site will clearly state the job opening is within the BNG bargaining unit.

The Union shall post all notices of job openings promptly. If the Employer does not deliver the posting to the Union by noon, the posting will be dated the next calendar day.

If the Union objects to such posting, it may seek a meeting with the Employer to address its inquiries. Such meeting must be held within five (5) working days of said inquiry. The posting procedure will not be delayed; however, the posting will be revised to include a notice that the Union is objecting to the posting. Any changes in the posting that result from such inquiry will serve to restart the ten (10) day posting period. If the issue is unresolved, the matter may be taken to arbitration.

Notices shall be filled out by the Employer per the following sample posting form. The same information shall be included in the Employer窶冱 internal web site posting.

POSTING FORM
-----------------------------------------------------------------
Date of Posting:
Date to be taken down:
Dept:
Number of jobs to be filled:
Department Head:
Job Title:
Shift:
Job Classification & Salary:
Qualifications:
Basic Functions and Responsibilities:
-----------------------------------------------------------------

If the posted vacancy has not been filled within 120 days after the posting has been taken down, the vacancy may not be filled unless it is re-posted. If the Employer does not intend to fill the vacancy the Employer will notify the Union as to the reason for not filling the vacancy.

C. Hiring/Promotion/Transfer

The Employer agrees to inform the Union of any major changes in employment procedures.

The Globe policy is to hire and promote from within whenever practicable. When seeking to fill vacancies in existing or newly-created bargaining unit positions, the Employer shall, before hiring a new employee, give first consideration to employees in this bargaining unit. However, applicants who are from outside the bargaining unit may also be selected based on the needs of the newspaper, job requirements and applicant qualifications as determined by the Employer.

The Employer will notify the Union when it decides to reduce a vacant full-time staff position to a part-time position(s).

D. Applications

All bargaining unit employees will have the opportunity to submit an application, including electronic applications, to the Human Resources Department expressing interest in a posted position. Such application will include the name of the employee, current department, position applied for and date of application. The Human Resources Department will forward to the supervisor responsible for filling the position all such applications, along with resumes, received within 120 days of a job posting, unless the job is filled before that. Only those employees who have filed an application for a specific job posting will be considered for that posting. A list of such employees will be sent to the Union. The Employer also agrees to send to the Union a list of all other applicants. At the end of the ten- (10) day posting period, at least two Union applicants will be interviewed. If less than two (2) such applications are received, all Union applicants will be interviewed.

If the posted vacancy is not filled within 120 days after the posting has been removed from the bulletin boards, the vacancy may not be filled unless it is re-posted. In the case of re-posting, only new Union applicants need be interviewed.

All Union applicants will be notified in writing whether they will be interviewed.

Copies of all Union applications will be made available to the Union upon request.

E. Union Notification

The Union will be informed in writing by the Human Resources Department of the names of all applicants, those interviewed and the name of the successful applicant.

F. Career Guidance

The Employer agrees that, in the event an employee fails to be promoted or transferred to a position he/she has been interviewed for, such employee shall be notified in writing as to the specific reasons for that denial. An applicant, upon request, shall also be informed in writing for his/her guidance as to how he/she may become better qualified for such or another promotion or transfer at a future date.

G. Change of Classification Pay

An employee moved or promoted to a higher wage classification shall be paid in his/her new classification at the experience level next higher than his/her current rate of pay and shall advance from there in the time provided by the Wage Provision (Article VI). No employee shall incur any economic loss as a result of accepting a higher paying position as herein provided.

H. Trial Period

Employees advanced to a higher paying classification shall have a trial period not to exceed sixty (60) calendar days. An evaluation shall be held within thirty (30) days between the department head and the employee during this trial period. A written report of the evaluation shall be provided to employee and Union. If after thirty (30) days, there is reasonable doubt whether the employee will successfully complete the trial period, a second evaluation will be held.

At the end of the trial period the department head shall determine if the employee meets the requirements of the higher paying classification. If the department head decides that the employee does not meet the requirements of the higher paying classification, or if the employee wishes to do so, he/she will be returned to his/her former position at his/her former rate of pay.

I. Advertisements

Advertisements, which invite a reader to apply for employment with the Globe, shall be posted on the Union窶冱 bulletin boards. The Employer will provide the Union with a copy of the advertisement at least 2 days prior to newspaper publication. No bargaining unit job will be publicly advertised, including on non-Globe electronic web sites, prior to the start of the posting period.

January 3, 2001