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Article VIII: Technological Changes In The Workplace

1. Access to Information

The Employer shall promptly respond to Union inquiries in writing regarding the Employer's plan for change that could affect bargaining unit employees' conditions of work.

2. Technology/Prior Notification

The Employer shall formally notify the Union at least thirty (30) days prior to changes in, modifications of, or introduction of new technological processes, equipment, systems or methods, which are designed as a substitute for any process, system, method or equipment being performed or operated by employees covered by this agreement, and which if implemented, would significantly alter employee functions and jobs.

The Employer's notification shall include but not be limited to the following information: the nature of the change; which and how many bargaining unit employees will be affected, and how it will specifically affect these positions; when the proposed change will take place; where the equipment/system will be located; and why the change is necessary. If the proposed new process significantly alters the nature of an existing job, the Union and the Employer will determine if a new job has been created and governed by Article II, Section 4 (New Job Categories), with the exception that the posting provision will not apply.

3. Jurisdiction

A. Once in place, any new process which replaces or changes a process being performed by this bargaining unit will be operated by members of this bargaining unit.

B. Work traditionally performed by BNG employees shall not be performed by other Globe bargaining units, or any outside entity except as specified in Paragraph C, or Paragraph D below.

C. The Employer shall not be limited in its present or future relationship with its customers or vendors, including their use of computer hardware or software, for: transmission of news, advertising or circulation material; or provision of non-permanent services by vendors for product development, installation or repair or other business purposes. Vendors shall include companies, freelancers (as defined in Article XV (part-time employees), consultants and other persons or entities that are paid by the company for services rendered.

4. Technological Change/Subcontracting

Except as provided in this Section, no full time employee who has completed his or her probationary period as a new employee, and no part time employee with at least one year of service, shall be dismissed or suffer any reduction in classification as a result of a decision by the Globe to implement technological or process changes, or to subcontract work.

When the Globe deems it necessary it may subcontract non-editorial work or implement technological or process changes as described in Article VIII, Section 2. Changes of that kind which will not result in a reduction of bargaining unit employees will continue to follow the notice and meeting procedures of Article VIII, Section 2 above.

Upon notice that the Globe intends to do so, the Union may meet and discuss with the Globe the reasons for and possible alternatives to subcontracting or technological/process changes, provided that nothing herein shall delay or otherwise affect the Globe's right to proceed as planned. The following procedures shall apply to the Globe's decision to subcontract or implement technological/process change:

1) The Globe shall notify the Union in writing at least two months in advance of the operative date of subcontracting or implementation of technological/process change.

The notice shall include:


  1. the type and purpose thereof;
  2. a list of job classifications to be affected within the departments to be affected together with (i) the names, employment dates and length of service of all bargaining unit employees in such classifications and (ii) the number of bargaining unit positions to be reduced in each such classification.

2) Within four weeks after notifying the Union pursuant to sub section (1), the Globe shall offer to all bargaining unit employees on the Subsection 1(b) list (including those protected from lay off under the parties' 'job guarantee') a voluntary buyout, which shall be limited to the number of positions to be reduced in each classification.


  1. The benefits offered to full time employees shall be as follows:

    1. severance pay, excluding notice pay, pursuant to Article III, Section 1C or, one and one half times total annual earnings for the prior calendar year, for employees with thirty-five (35) years or more of continuous service, plus
    2. 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
    3. 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: (i) full time employees with less than 5 years service = 3 months coverage; (ii) full time employees with at least 5 but less
      than 10 years of service = 5 months coverage; and (iii) full time employees with 10 or more years of service = 8 months coverage.
    4. full-time employees with prior part-time service will have their part-time service included in the calculation of benefits.

  2. The benefits offered to part time employees shall be as follows:

    1. Part time employees with 10 or more years of service of at least 600 hours each year will be eligible for 6 months base pay plus continuation of health insurance coverage (if currently in the Plan) for 6 months, subject to the part time employee paying his/her share of the premium with the Globe paying to the Fund the remainder; provided that part time employees with 10 or more years of service who fail in any of those years to meet the 600 hour threshold will be eligible for three (3) months' base pay plus continuation of health
      insurance, (if currently on the Plan), for three (3) months pursuant to the same terms.
    2. Part time employees with at least 5 but less than 10 years of service of at least 600 hours each year will be eligible for 3 months base pay plus continuation of health insurance coverage (if currently on the Plan) for 3 months as in the above paragraph; employees with at least 5 but less than 10 years of service who fail in any of those years to meet the 600 hour threshold will be eligible for two (2) months' base pay plus continuation of health insurance, (if currently on the Plan) for two (2) months pursuant to the same terms.
    3. Part time employees with less than 5 years of service of 600 hours in each year will be eligible to receive 4 weeks notice pay (or pay in lieu of notice) plus 1 week's base pay for each year of service.
    4. part-time employees with prior full-time service will have their full-time service included in the calculation of benefits.

  3. For purposes of this section, 'base pay' will be based on the average number of hours worked weekly plus any commissions/incentives for the 12 months preceding the buyout offer.
  4. In no event shall the buyout and/or severance payments provided by this Article exceed twice a bargaining unit employee's annual earnings in the preceding calendar year.
  5. The Globe shall make a one time lump sum payment of $780 to the parties' Taft Hartley Health Fund on behalf of each full time employee who accepts the buyout and $390 on behalf of each part time employee who accept the buyout and who is not covered for health insurance by the Fund.
  6. To the extent permitted by law and Plan documents, any eligible bargaining unit employee who accepts a voluntary buyout may direct any portion of these severance payments to the 401(k) Plan.
  7. No bargaining unit employee shall be required to accept a buyout offer. The effective date of termination for bargaining unit employees who accept the voluntary buyout shall be agreed upon between the bargaining unit employee and the Globe, subject to the Globe's operating needs.

3) If the number of volunteers who accept the buyout is greater than the number of positions to be reduced, buyouts shall be granted in order of seniority.

4) If fewer bargaining unit employees than are needed to be reduced accept the buyout, the Globe shall attempt, as described below, to achieve the remaining reduction by transferring bargaining unit employees who remain in the affected classification. Said bargaining unit employees and the Union will be informed in writing of the positions available, including classification, department, schedule and shift. Transfers shall be voluntary and shall be offered to bargaining unit employees in order of seniority as described below. Bargaining unit employees will have a minimum of 72 hours to make a decision.

5) Transfers shall be no greater in number than that required to achieve the necessary reduction; and shall be to vacant jobs, if any, that the Globe determines are suitable for the affected bargaining unit employee, taking into account his or her qualifications for the job, which shall include abilities, skills, work history and educational background. Such determinations shall be presented in writing to the affected bargaining unit employee and the Guild and will include an explanation of the decision. The transfer of a bargaining unit employee to another department under this subsection shall not be the basis for terminating the employment of any bargaining unit employee in that department. A bargaining unit employee who does not have the skill or ability but can reasonably be trained to perform a vacant job shall be trained by the Globe at its expense. The period allowed for training shall be determined by the Globe in good faith, subject to a minimum of three months and a maximum of six months training. This provision shall not apply to substitute, temporary or casual jobs as provided in sub section (7) below.

(a)If both a senior employee who would not be subject to lay off and one or more junior employees who would be subject to lay off volunteer for transfer to a vacant job, and the Globe determines that more than one employee is suitable for transfer (with or without training), the most senior employee who would be subject to lay off will be selected for transfer.

6) The Globe shall decide no later than 60 days after a transfer whether a bargaining unit employee, who was deemed transferable without training, does in fact require training for the new position. Such training shall then be implemented for a period of no more than four (4) months. If at the end of the four (4) month training period the Globe determines that the employee is not qualified to perform the job, subsection 10 below shall apply. Article III, Section 2 (full time employees) or Article XIV, Section 1(H) (part time employees) shall apply to all employees who successfully transfer, with or without training, to a new position.

7) Vacant jobs to which a bargaining unit employee may transfer as a result of subcontracting shall include any work being performed by temporary, substitute or casual employees. This shall not include work performed by otherwise regular part time employees pursuant to Article XIV, Section 2A (i) and (ii) and shall be for a period no longer than the time such substitute, temporary or casual work is required.

8) To avoid a reduction in staff as a result of subcontracting or technological/process change, the Globe may assign such bargaining unit employees to work outside the bargaining unit, to the extent not inconsistent with collective bargaining agreements between the Globe
and other of its unions. Such bargaining unit employees shall continue to be covered by all terms and conditions of this collective bargaining agreement. Assignments made or work performed pursuant to this paragraph shall not be used by the Union as a basis for claiming
jurisdiction over such excluded work.

9) Bargaining unit employees who are transferred to a vacant job shall not suffer a reduction in pay and will receive all future contractual wage increases. The names of bargaining unit employees so transferred, listed by the classifications and departments from which they were transferred, shall be placed on a return list. Subject to subsection 14 below, when a vacancy occurs in a classification and department from which such a bargaining unit employee transferred, the Globe shall offer the job to the bargaining unit employee based on seniority.

10) Subject to subsection 11 below, bargaining unit employees who transfer pursuant to sub section (4) and (5) above, and who the Globe determines at the end of the training period are unqualified to perform the job ('unsuccessful transferees') shall be laid off at that time and will receive the following benefits: (i) severance pay pursuant to Article III, Section 1C; plus (ii) 1 week of pay for each 2 years of service, subject to a maximum of 25 weeks additional
pay; plus (iii) continuation of health insurance in the same way as in subsection 2 (c) based on the following schedule: less than 5 years of service = 2 months of coverage; more than 5 but less than 10 years of service = 4 months of coverage; more than 10 years of service = 6 months of coverage. Such determinations shall be presented to the affected employee and the Guild in writing and will include an explanation of the decision.

11) An unsuccessful bargaining unit transferee who would not have been laid off from the affected job classification had he or she not transferred will be offered the option of returning to that job classification in lieu of lay off pursuant to subsection (10) above. In that event, the most junior employee remaining in that affected job classification will be laid off pursuant to subsection 13 below.

12) All disputes over the Globe's determinations concerning a bargaining unit employee's eligibility for transfer; qualifications to perform and/or ability to be trained for a vacant job; qualifications to perform a job to which a bargaining unit employee has transferred, or any other questions concerning the interpretation or enforcement of this section, shall be subject to the provisions of Article XI, but shall not be overturned in arbitration unless made in bad faith.

13) Bargaining unit employees who do not participate in the voluntary buyout pursuant to subsection 2 above and who cannot transfer to a vacant position pursuant to the above provisions, shall be laid off and receive the benefits provided in subsection 2 above. Such layoffs shall be in reverse order of seniority.

14) All provisions of this Section 3(D) shall apply to all affected bargaining unit employees, including any not identified in the initial notice and all such employees shall retain all rights outlined in Article III, Section 1, 'Layoffs'.

15) All bargaining unit employees who are laid off as a result of subcontracting shall have recall rights as provided for in Article III, Section 1(D) (full time employees) and Article XIV, Section 1(G) (part time employees).

16) The parties' 'Job Guarantee' agreement and its accompanying Exhibit A, 'Job Security List' supersedes the provisions of this Section.

17) The provisions of this Section in no way alter the terms and provisions of Article VIA, Section 6, 'Resignation Bonus.'

18) The Globe shall pay to the parties' Taft Hartley Health Fund a quid pro quo for this agreement which shall be no less than $150,000 annually, pro-rated for the first year from date of ratification and signing of the contract.

5. Joint Technology Committee

The Employer and the Union will maintain a Joint Technology Committee. The committee will be composed of three members chosen by the Union and three by the Employer. A committee meeting shall be held on Company time upon the request of either party. Either party may put items on the agenda. The committee will meet at least quarterly. This committee will be responsible for investigating and making recommendations on such issues as, but not limited to, job security, nature of work to be performed, working conditions, hours, number of bargaining unit employees affected, and/or any health or safety hazards involved.

6. Arbitration

If, within thirty days of notification under Section 2, the matter referenced in the notification is not resolved in any negotiation between the Employer and the Union, the matter may be forwarded to the Joint Technology Committee for further discussion. If the matter remains unresolved, either party may refer the unresolved issue to arbitration. Such arbitration shall not apply to the Employer's decision to introduce and implement the new technology, process or method of operation.

7. Review/New Technology

At the request of either side of the Joint Technology Committee, talks will take place to discuss any unforeseen problems, which might arise in the actual operation of the new technology.

8. Speed and Accuracy Standards

The Employer shall not impose unreasonable standards of speed and accuracy in the use of current, new or modified equipment, machines, apparatus or processes.

January 12, 2001