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1. Work Week
The regular 37.5 hour work week of employees covered by the terms of this agreement, except those listed in Section 3 of this article, shall consist of not more than five (5) days of not more than seven and one-half (7.5) hours each, said seven and one-half (7.5) hours to fall within daily periods of not more than eight and one-half (8.5) hours each; or of not more than four (4) days (in cases where the needs of the Employer allow) of not more than nine and one-half (9.5) hours each, said nine and one-half (9.5) hours to fall within daily periods of not more than ten and one-half (10.5) hours each. The Employer will consider requests from two-thirds of a department/sub-department's employees for a four-day workweek. The decision on such requests shall be in the sole discretion of the Employer. In instances where the needs of the newspaper allow, other variations within the 37.5 hour workweek may be considered by the Employer in individual cases.
The above provisions shall not have application to employees on out-of-town assignments. Out-of-town refers to any assignment requiring overnight lodging. Employees shall not be required to travel to out-of-town assignments on days off.
2. Overtime
Overtime work in excess of 37.5 hours in one week and shall be paid at a rate of time and one-half. All claims for overtime must be made within one (1) week following completion of out-of-town assignment. If an employee terminates his/her employment for any reason, all
overtime due him/her shall be paid by payroll check.
3. Exclusions from Overtime
The following positions are excluded from the application of the provisions of this agreement relative to hours of work and overtime payment: Outside Advertising Salespersons, Cartoonists, Editorial Writers.
4. Assignment of Overtime
Except in an emergency, overtime must be approved in advance by an exempt supervisor/manager. In an emergency, overtime may also be approved by a bargaining unit supervisor. Bargaining unit employees required to work in advance of or after their regularly scheduled times shall be paid at the rate of time and one-half for such work in addition to their regular day'ss pay. The Employer will make every effort within the needs of the newspaper to assign overtime in a fair and equitable manner taking into consideration seniority in classification. No employee will be required to work more than ten (10) consecutive days.
Overtime payments will be made in the weekly pay period immediately following submission for the overtime worked.
5. Scheduling and Shifts
The Employer will make every effort, within the needs of the newspaper, to assign regularly scheduled days off and regularly scheduled overtime in a fair and equitable manner taking into consideration seniority in classification.
The Employer will confer with an employee before changing his/her regular starting time and/or days off and before making transfers between departments within classification. An employee may make a request for such change. Bargaining unit seniority will be the major factor in making such changes, subject, however, to the needs of the newspaper as determined by the Employer. The Employer will exercise its discretion in a reasonable manner. All employees classified as "clerks" (including those formerly classified as "senior clerks") shall be deemed to be within the same "classification" for the purpose of making transfers between departments within classification. This shall also apply to all "secretaries" and "executive secretaries" within their respective classifications.
Normal working days shall be regularly scheduled and days off shall be consecutive throughout unless otherwise agreed to by the employee and the Employer.
Regular employees who are on a five-day workweek shall have the same starting times at least three days each week. Employees who are on a four-day workweek shall have the same start time at least two days per week. Work schedules shall be posted in each department one-week prior to the beginning of each financial week to include all bargaining unit members.
It is understood that there shall be three basic shifts covered by this agreement. These shall be called a Day Shift, a Night Shift and a Lobster Shift. A day shift employee's hours shall begin between the hours of 5 a.m. and 1 p.m.; a night shift employee's hours shall begin between the hours of 1 p.m. and 9 p.m. and a lobster shift employee's hours shall begin between 9 p.m. and 5 a.m. Within the framework of these shifts there may be variations of starting and finishing times on a shift. It shall be understood that an employee, except in the
event of an emergency, shall not work a split shift.
The assignment of shifts will be in accordance with the needs of the newspaper as determined by the Employer, provided that an employees who have fifteen (15) or more years of full-time service shall not be assigned to a different shift without his/her consent.
This clause shall not apply to departments or sub-departments in which, at the time of the assignment, 65 percent or more of the full-time employees in any bargaining unit classification have fifteen (15) or more years of service, but would apply when that department or sub-department falls below 65 percent of employees in any classification with fifteen (15) or more years of service. Employees hired after the ratification of this Agreement shall be entitled to this protection when they attain 20 years of full time service.
When an opening occurs on a shift, claim for that shift can be made according to bargaining unit seniority.
6. Notice of Schedule Change
Any employee with regularly scheduled working days and hours must be given one week'ss notice of change of schedule, except in case of an emergency. However, if an employee is on vacation then the one-week'ss notice will become effective on the date he/she returns from vacation.
7. Recall
Employees requested to return to work within seven and one-half (7.5) hours after the end of their regularly scheduled work day shall be guaranteed a minimum of three and three-quarters (3 3/4) hours pay at time and one half.
8. Unscheduled Work
An employee requested to work on his/her regularly scheduled day off shall be paid a minimum of seven and one-half (7.5) hours' pay at time and one-half for that day's work, which shall be in addition to his/her regular weekly salary. In this case, he/she would not be entitled to another day off.
9. Recall from Vacation
An employee called in to work while on vacation shall be paid a minimum of seven and onehalf (7.5) hours pay at the rate of double time for each day of such work, in addition to his/her regular salary.
10. Shift Spacing
All regular schedules shall allow ten (10) hours between shifts, and an employee who is asked to start a day's work less then ten (10) hours after the completion of the previous regular work day shall receive time and one-half pay for the time worked before the elapse of that ten-hour period.
11. Higher Overtime Payment
If overtime is payable under this article and also under another article in this agreement, payment shall be made under the one which provides the greater compensation to the employee, but not under both.
12. Overtime Records
All overtime-related records shall be kept and, on request, the Employer shall make records available to the Union.
13. Inter-Classification Fill In
If a bargaining unit employee is required to fill in for more than one-half of his/her scheduled shift for another bargaining unit employee in a different classification, additional compensation equal to the difference in the base rates will be paid if the position being filled is one with a higher base rate. The next higher step in the base rate for the position being filled, as compared to the bargaining unit employee'ss current step rate, will be used for purposes of this calculation. In no case will a bargaining unit employee'ss salary be reduced during the time of the fill in. In cases where the editorial pay is higher (Article VI), that formula will be applied under the same stipulations as noted above.
A bargaining unit employee may be asked to fill in for an exempt employee. Such fill-in will be voluntary. In such cases, the employer shall pay the employee, at a minimum, Twenty Dollars ($20.00) per scheduled shift.
Examples (based on rates effective 1/1/01):
A third-year clerk ($567.81) fills in for a third-year secretary ($630.89). The clerk would receive the difference between ($567.81) and the next higher step on secretary's pay rate ($630.89) or $63.08 per week or $12.61 per day.
A fifth-year reporter, ($1287.13), fills in for a second-year assistant metro editor ($1453.79). The reporter would receive the next higher step on assistant metro editor's scale ($1453.79),
but in this case, would instead receive $15.00 per day, under Article VI, as that rate would apply.
An accounts receivable clerk, fourth year, ($630.89), fills in for an accounts receivable supervisor, fourth year, ($993.49). The clerk will be paid the next higher step on supervisor scale, first-year rate ($651.86) or $20.97 per week or $4.19 per day.
January 5, 2001
