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1. Layoff

Employees named on the Job Security List will be protected from reductions in force as provided for in the 1993 Supplemental Agreement. If the Employer determines that a layoff shall be necessary, all other employees may be laid off in accordance with the
following provisions:

A. There shall be no layoff except for good and sufficient cause. The size of the staff deemed necessary by the Employer shall constitute a good and sufficient cause.

The Employer shall give the Union and affected employees at least thirty (30) days written notice of a layoff. The notices shall set forth the reasons for the layoff and the notice to the Union shall also contain the names of the employees scheduled to be reduced. The determination of what areas or departments and to what extent layoffs are to be carried out are the sole prerogatives of the Employer. The Employer may offer a voluntary buyout, pursuant to past practice, before layoffs are implemented.

B. Employees who are dismissed through a layoff shall be those within each job classification by department (as listed in Appendix A to this Section) with the least amount of seniority, which shall be determined by an employee’s total length of bargaining unit seniority, pursuant to Article III, Section 5. Employees with substantially demonstrable special skills or employees of outstanding ability may be excepted from the application of this section, but the burden of establishing the need for such exceptions shall be on the employer and shall be subject to grievance and arbitration.

In addition, for layoffs, which are not as a result of subcontracting, in positions other than those listed on the attached Exhibit A, employees with special skill or superior ability may also be excepted. The Employer’s determination shall be subject to Article XI, Grievance and Arbitration, but shall be accorded deference by the arbitrator, pursuant to the attached letter of interpretation. The Employer’s determination of skill or ability shall be based on job performance in the employee’s current or prior positions, competence and other job-related considerations. Union activity or salary level shall not be a factor in these determinations.

For the purpose of this provision, "length of service" shall include pro-rated service credit for part-time employment in the bargaining unit.

C. An employee laid off will be entitled to severance benefits of four weeks notice or pay in lieu of plus one additional week of pay for each six months of continuous service as a regular Globe employee up to a maximum of 50 weeks pay. All severance payments shall be made in the payroll week following layoff. If an employee dies after notification of layoff and election to be laid off (in lieu of
bumping) but before he/she has received notice and severance pay, such payment shall be made to his/her estate.

D. An employee laid off out of seniority order pursuant to paragraph B above, shall receive an enhanced severance package, which shall include the following benefits in addition to those provided in Section C above: i) additional severance pay of 1 week for each year of continued and uninterrupted full time employment by the Globe, subject to a maximum of 50 weeks’ additional pay plus ii) continuation of health insurance through the parties’ Taft Hartley Fund (if currently in the Fund) subject to the full time employee paying his/her share of the premium, with the Globe paying the remainder of the premium based on the following eligibility: employees with less than five years service = 6 months coverage; employees with at least 5 but less than 10 years of service = 8 months
coverage; and full time employees with 10 or more years of service = 12 months coverage. Employees with prior part-time service will have their part time service included in the calculation of benefits. Employees who would have been laid off even in the absence of an out of seniority layoff within their job classification are not eligible for enhanced severance.

E. An employee dismissed through a layoff shall be placed on a rehiring list and shall remain on that list for a period of twenty-four (24) months from the date of dismissal. In filling vacancies within any job classifications from which employees were dismissed through a layoff, the Employer shall offer reemployment to employees on the rehiring list who were dismissed from the classification in which there is a vacancy before hiring or promoting employees. The Company shall notify such employees, based on bargaining unit seniority, by registered mail and the employee will be given ten (10) work days from the time he/she receives such notification in which to make his/her decision to accept or reject the offer of re-employment. Should he/she accept the job, he/she will be given an additional one (1) week in which to report for work. Failure to comply with this provision shall cause the employee’s name to be removed from the
rehiring list. When an employee is reinstated into a job through the rehiring list he/she shall be paid at the current salary for the same step he/she left.

F. The Globe will meet with the Union during the thirty (30) days’ written notice to the Union of a planned layoff, if so requested by the Union, to voluntarily consider possible alternatives proposed by the Union to reduce labor costs other than through a layoff. The Globe may continue implementation of its planned layoff during these voluntary discussions. Lack of agreement on a voluntary alternative shall not be grievable.

G. An employee designated for layoff may elect to displace an employee with fewer totals bargaining unit seniority occupying any job classification he/she previously held on a full-time basis.
This election must be made within ten (10) workdays of layoff notification to the employee.

The employee displaced will be the employee with the least bargaining unit seniority in that classification. Any employee who is displaced as a result of another employee's election to return to a previously held job shall have the same election rights as the employee who displaced him/her.

An employee who elects to return to a previously held job in a lower paid job classification shall be paid at the rate he/she would have earned had his/her employment in that classification been continuous. No merit increase shall be lost or reduced by any reduction in salary.
This provision shall apply in full to all employees employed by the Globe as of the date of ratification of this contract. This provision shall apply to employees hired after the date of ratification when they attain five (5) years of service.

H. The Globe agrees that during the recall period of a full-time employee on layoff:

1. if the Globe intends to have some of the actual work formerly done by a full time employee on lay off done on a part time, freelance or correspondent basis, it will first offer the laid off full time employee the opportunity to do the work on such a part-time, freelance or correspondent basis. Placements under this provision will not affect an employee’s position on the rehire list. An employee’s refusal of part time employment under this section will not affect an employee’s position on the rehire list. All part time work performed under this section shall be at the same rate of pay (including pay increases, if any) the employee received prior to the layoff.

2. the Globe will not use the full time equivalents of exempt employees whose major responsibility is to perform the actual work (as opposed to the type of work) performed by the employee on layoff; and

3. commission the full time equivalents by editorial freelancers or correspondents where such work is the actual work (as opposed to the type of work) performed by the employee on layoff.

Except as otherwise specifically provided in this section and in the collective bargaining agreement, the Globe may continue its past practices concerning the use of part-time employees, free-lancers, correspondents, new procedures, new equipment and technology and outside vendors.

APPENDIX A TO ARTICLE III, SECTION 1

DEPARTMENT LISTING

Finance
Administrative Services (includes Post Office, Purchasing, Maintenance)
Advertising (includes Advertising Design)
Circulation (includes N.I.E.)
Editorial Page/Op-Ed
Editorial
• Editorial Administration
• Newsroom (includes Metro, Zones, Photo, Library, Editorial Design, Spotlight, Night Desk, Ideas, Magazine, Travel)
• Sports
• Living/Arts
• Business
• National/Foreign
Human Resources (includes Medical)
Employee Relations (includes Protective Services, Production Administration)
Information Technology
Public Affairs
Marketing Services (includes Promotion Design)

Exhibit A to Article III, Section 1(B)

The following positions/departments are excluded from application of the new out-of seniority-layoff standard:

Clerks
Secretaries
Inside Telephone Salespersons
Maintenance
Purchasing
Post Office
Protective Services
Return Room
Production Assistant
Building/administrative Services (tour guides, draftsman, head of stock room)
Route Cashiers/Assistant Route Cashiers
Sports Desk Statistician
Data Entry Operator
Telephone Operator
Library Assistant
Merchandisers
Sales Coordinator
Production Coordinator
Medical
Messengers
Statistical
Head of Messengers
Communications Administrator

2. Discharge and Disciplinary Action

The Union and Employer agree that discipline, including discharge, must be administered fairly and consistently for just cause. Discipline will typically be progressive. The offense, facts and circumstances will determine the level of discipline to be applied regardless of prior discipline, if any. There shall be the following forms of discipline:

A. Verbal Warnings, which constitute the least severe form of discipline, consist of verbal reprimands to the employee by the department head or manager. A written record of a verbal warning may be made.

B. Written Warnings may be issued regarding an aspect of an employee’s
performance, which could lead to suspension or dismissal, if uncorrected.

The Employee Relations Department will be notified of all written warnings prior to a decision to issue. If a decision is made to issue the warning, the Union shall be notified of the time and place the warning is to be given, and who shall be given the warning, at least 24 hours in advance of the warning being issued. The Union may have a representative present.

Except in the case of gross neglect of duty or serious misconduct, at least one verbal warning will be issued before an employee will be given a written warning.

A minimum of two written warnings (or one written warning and one suspension, or one written warning and one period of probation) will be issued before an employee may be dismissed except in the case of gross neglect of duty or serious misconduct.

An employee will be allowed a reasonable amount of time to correct the behavior or conduct which led to the first written warning. If the same behavior or conduct continues after that period of time, a second written warning may be issued.

Any written warning, suspension or probation, older than two (2) years shall cease to exist for purposes of progressive discipline. However, those warnings may be considered by the Employer in determining the degree of discipline to issue in future cases involving probation, suspension or discharge action.

The Union may request that a written warning be reviewed by the Employer for possible removal after one year if the employee has made substantial progress toward correcting the behavior or conduct which resulted in a written warning.

When an employee has received a written warning for alcohol and/or drug (a controlled substance) abuse, he/she will be referred to a qualified program. The Union, medical department or Employee Assistance Program can make such referrals.

C. Suspension and/or disciplinary probation decisions will be made by the Vice President of Employee Relations or his/her designee. The Union shall be notified when a final decision to suspend or place on probation is made, and the same rights of representation and appeal will apply as are applied to written warnings or dismissals.

If, in conference, a suspension without pay is found by mutual agreement not to have been based on just cause, the Employer will restore the employee to his/her position with full pay and all benefits for the period from the date of suspension to date of reinstatement, with service record unimpaired. A lesser form of discipline may be invoked.

D. Dismissal decisions will be made by the Vice President of Employee Relations or his/her designee. Dismissal represents the most severe form of discipline.

Two weeks’ notice in advance of discharge or two weeks pay in lieu of notice shall be given to employees after completion of their probationary period except in cases of discharge for just cause (other than discharges based solely on work performance), gross neglect of duty or serious misconduct. In either case, the Union President or his or her designated representative shall be present at the time of discharge. Any employee upon receipt of notice of discharge or upon discharge where no notice is given may appeal to the Union so that the Union may confer with the Employer. Upon notice of discharge, an employee (who makes written request within ten (10) calendar days) shall receive from the Employer a written statement of the cause of discharge, with a copy of such statement to be furnished the Union representative.

Within seventy-two (72) hours of discharge the employee must request in writing that the Union act on his/her behalf under Article XI (Grievance and Arbitration).

If, in conference, a discharge is found by mutual agreement not to have been based on just cause, the Employer shall restore the discharged employee to his/her position with full pay and all benefits for the period from the date of discharge to date of reinstatement and with service record unimpaired; or a lesser form of discipline may be invoked, including suspension without pay.

E. Conferences regarding any discharge or suspension shall proceed with due diligence and shall be concluded within five (5) working days from the date of the employees request for review.

If, upon conference, the Employer and the Union are unable to agree as to the proper disposition of the case within thirty (30) calendar days after notice of discharge or suspension the matter may be referred by the Union to arbitration within forty-five (45) calendar days after the date of discharge or suspension.

3. Probationary Period

(a) Discharge of new employees in Editorial classifications (other than Secretary, Clerk, Imaging Technician, Living Page Assistant and all Library classifications) with less than six (6) calendar months employment shall not be subject to review by the Union.

(b) Discharge of new employees in Information Services (other than data entry clerks) and Outside Circulation Sales with less than one hundred thirty five (135) calendar days employment shall not be subject to review by the Union.

(c) Except as provided for in the parties’ January 30, 2003 side letter agreement relative to “Outside Advertising Salespersonsâ€?, discharge of new employees in all other classifications with less than ninety (90) calendar days employment shall not be subject to review by the Union.â€?

During the probationary period written evaluations will be prepared and discussed with each new employee during the first 30 days, within the next 30 days, and at least 15 days before the end of the period. For category “aâ€? employees such evaluations will be prepared and discussed within the first 45 days, within the next 45 days, within the next 45 days, and at least 15 days before the end of the period. Copies of such written evaluations will be provided to the employee and the Union president and included in the new employee’s personnel file.

Probationary employees who will not be hired after their probationary period shall be notified of such decision two weeks prior to the end of that period. If the Employer gives less than such two weeks’ notice, the probationary employee will be entitled to pay for the period the notice falls short of two weeks, subject to a maximum of two weeks pay.

4. Probationary Credit

Employment at the Globe as a part-time, temporary or substitute employee in the same classifications during the twelve-month period prior to becoming a regular employee shall be counted towards the appropriate probationary period up to a maximum of thirty-(30) days credit.

5. Seniority Defined

There shall be the following types of seniority:

a) “Bargaining Unit seniorityâ€? begins from the date of hire as an employee in the bargaining unit. Whenever an employee transfers into an exempt non-bargaining unit position and later returns to the bargaining unit, or he/she is laid off and later recalled under Article III, Section 1D, the employee will recapture the prior years spent in the bargaining unit to determine his/her bargaining unit seniority. However, years spent in a non-bargaining unit position will not be counted toward bargaining unit seniority. When a person who has worked as a part-time employee is hired as a regular employee, credit will be given for the hours worked as a part-time employee toward bargaining unit seniority.

b) “Classification Seniorityâ€? dates from the time a full-time employee is hired or moves into a classification as listed in Article VI (Wages). This seniority will vary as an employee moves to various classifications.

Bargaining unit seniority applies in shift preference, holiday scheduling and vacation scheduling. Classification seniority shall apply in step raises.

For new hires and promoted employees, a successfully completed probationary or trial period shall be included in calculating seniority. If an applicant is not confirmed in a new classification, he/she will be returned to his/her classification with no loss in seniority.

January 4, 2001