Contract

AGREEMENT
BETWEEN
TNG-CWA LOCAL 31245
BOSTON NEWSPAPER GUILD
AND
THE BOSTON GLOBE
January 1, 2011
through
December 31, 2012
TABLE OF CONTENTS
Page Number
PREAMBLE……………………………………………………………………………………………..1
ARTICLE I – Recognition
Recognition………………………………………………………………………………………………..2
Successors and Assigns………………………………………………………………………………..2
ARTICLE II -General Provisions
1. Duration of Contract ………………………………………………………………………………..3
2. Fair Practices…………………………………………………………………………………………..3
A. Discrimination……………………………………………………………………………………3
B. Affirmative Action ……………………………………………………………………………..3
C. Anti-Harassment………………………………………………………………………………..3
D. Personal Services ……………………………………………………………………………….4
E. Joint Committee on Workplace Equity and Diversity………………………………4
3A. New Job Categories ………………………………………………………………………………4
3B. Significantly Altered Job Categories………………………………………………………..4
4. Minimum Qualifications…………………………………………………………………………..5
5. Employment Tests …………………………………………………………………………………..5
6. Filling Vacancies …………………………………………………………………………………….5
A. Vacancies ………………………………………………………………………………………….5
B. Posting……………………………………………………………………………………………..5
C. Hiring/Promotion/Transfer…………………………………………………………………..6
D. Applications ………………………………………………………………………………………7
E. Union Notification………………………………………………………………………………7
F. Career Guidance …………………………………………………………………………………7
G. Change of Classification Pay ……………………………………………………………….7
H. Trial Period ……………………………………………………………………………………….7
I. Advertisements ……………………………………………………………………………………8
ARTICLE III – Job Security
1. Layoff…………………………………………………………………………………………………….8
2. Appendix A to Article III, Section 1, Department Listing …………………………..11
3. Discharge and Disciplinary Action…………………………………………………………..12
4. Probationary Period ……………………………………………………………………………….13
5. Probationary Credit………………………………………………………………………………..14
6. Seniority Defined………………………………………………………………………………….15
ARTICLE IV – Hours of Work and Overtime
1. Work Week …………………………………………………………………………………………..15
2. Overtime ………………………………………………………………………………………………15
3. Exclusions from Overtime ………………………………………………………………………15
4. Assignment of Overtime…………………………………………………………………………15
5. Scheduling and Shifts …………………………………………………………………………….16
6. Notice of Schedule Change……………………………………………………………………..16
7. Recall …………………………………………………………………………………………………..17
8. UnscheduledWork………………………………………………………………………………….17
9. Recall from Vacation ……………………………………………………………………………..17
10. Shift Spacing……………………………………………………………………………………….17
11. Higher Overtime Payment …………………………………………………………………….17
12. Overtime Records ………………………………………………………………………………..17
13. Inter-Classification Fill-In …………………………………………………………………….17
ARTICLE V – Vacations, Holidays and Leaves of Absence
1. Vacations………………………………………………………………………………………………18
1A. Vacation Pay ………………………………………………………………………………………19
1B. Change in Status………………………………………………………………………………….19
2. Vacation Scheduling ………………………………………………………………………………20
3. Vacation Seniority …………………………………………………………………………………20
4. Holidays ……………………………………………………………………………………………….21
5. Holiday Compensation……………………………………………………………………………21
5A. Religious Holidays………………………………………………………………………………22
6. Globe Shutdown…………………………………………………………………………………….22
7. Absence Credit………………………………………………………………………………………22
8. Vacation Credit…………………………………………………………………………………….22
9. Military Service …………………………………………………………………………………….22
10. Sick Leave…………………………………………………………………………………………..24
11. Workers’ Compensation… ……………………………………………………………………26
12. Jury Duty…………………………………………………………………………………………….26
13. Bereavement Leave………………………………………………………………………………27
14. Pregnancy/Child-Birth Leave ………………………………………………………………..27
15. Family and Medical Leave…………………………………………………………………….28
16. Unpaid Leaves of Absence ……………………………………………………………………28
17. Court Appearances……………………………………………………………………………….29
18. Sabbatical Leave ………………………………………………………………………………….29
19. Job Sharing………………………………………………………………………………………….29
20. Temporary Reduced Work Schedules (Medical)………………………………………29
21. Furlough Days……………………………………………………………………………………..30
ARTICLE VI – Wages
1. Lump Sum Payments ……………………………………………………………………………..30
2. Terms of Payment ………………………………………………………………………………….31
3. Wages…………………………………………………………………………………………………..31
4. No Reduction in Wages or Loss of Merit ………………………………………………….31
5. Length of Service Steps ………………………………………………………………………….31
6. Definitions…………………………………………………………………………………………….32
7. Supplemental Payments ………………………………………………………………………….32
8. Wage Table …………………………………………………………………………………………..34
Inactive Job Classifications as of 1/1/11…………………………………………40
Article VIA – Fringe Benefits
1. Meal Allowance …………………………………………………………………………………….41
2. Shift Differentials…………………………………………………………………………………..41
3. Road Per Diem………………………………………………………………………………………41
4. Expense Reimbursements ……………………………………………………………………….41
5. Tuition Reimbursement ………………………………………………………………………….41
6. Resignation Bonus …………………………………………………………………………………41
6A. 401(a) and (k) Plans …………………………………………………………………………….42
7. Severance Pay ……………………………………………………………………………………….42
7A. “Week’s Earnings” Term of Service………………………………………………………42
8. Life Insurance/Health Insurance/Long-Term Disability………………………………42
8A. Basic Group Life Insurance Benefits ……………………………………………………..42
8B. Years Service Group Life Insurance Benefit …………………………………………..42
8C. Business Travel/Accident……………………………………………………………………. 43
8D. Health Insurance (through Dec. 31, 2011)………………………………………………43
8E. Health Insurance (effective January 1, 2012)…………………………………………..45
8F. Long-Term Disability Benefits………………………………………………………………46
9. Benefit Review………………………………………………………………………………………46
10. Financial Planning ……………………………………………………………………………….46
11. In-House Photographer/Darkroom Technician…………………………………………46
12. Photo Use……………………………………………………………………………………………46
13. Expense Allowances …………………………………………………………………………….47
14. Dependent Care Before-Tax Salary Reduction Plan …………………………………47
15. Health Care Reimbursement Account Plan ……………………………………………..47
ARTICLE VII – Miscellaneous Provisions
1. Outside Activities…………………………………………………………………………………..47
2. Dangerous Conditions…………………………………………………………………………….48
3. Legal Assistance ……………………………………………………………………………………48
4. Use of Employee’s Name ……………………………………………………………………….48
5. Transfer to Another City/Country…………………………………………………………….48
6. Personnel Files/Access……………………………………………………………………………49
7. Employee Performance Evaluation…………………………………………………………..49
8. One Year Intern Evaluation …………………………………………………………………….50
9. Ancillary Duties …………………………………………………………………………………….50
10. Photography Work……………………………………………………………………………….50
11. Free Lance Photography ……………………………………………………………………….50
12. Free Lance Work for the Globe ……………………………………………………………..50
13. Stock Purchase Plan……………………………………………………………………………..50
14. Bonding………………………………………………………………………………………………51
15. Sales Commission Plans ……………………………………………………………………….51
16. Editorial /Flexible Assignments……………………………………………………………..51
17. New England Media Group Assignments………………………………………………..51
ARTICLE VIII – Technological Changes in the Workplace
1. Access to Information…………………………………………………………………………….52
2. Technology/Prior Notification…………………………………………………………………52
3. Jurisdiction……………………………………………………………………………………………52
4. Technological Change/Subcontracting ……………………………………………………..52
5. Joint Technology Committee…………………………………………………………………..57
6. Arbitration…………………………………………………………………………………………….57
7. Review/New Technology………………………………………………………………………..57
8. Speed and Accuracy Standards………………………………………………………………..57
ARTICLE IX – Retirement
1. Agreement……………………………………………………………………..57
2. Benefits ………………………………………………………………………………………………..57
4. 401(k) Plan……………………………………………………………………………………………57
ARTICLE X – Union Security
1. Sole Bargaining Agent……………………………………………………………………………58
2. Union Shop …………………………………………………………………………………………..58
3. Dues Checkoff ………………………………………………………………………………………59
4. Checkoff on Renewal of Employment………………………………………………………59
5. Information to the Union ………………………………………………………………………..59
6. Union Business/Time Off ……………………………………………………………………….60
7. Office Space………………………………………………………………………………………….61
8. Bulletin Boards ……………………………………………………………………………………..61
9. Strikes/Picket Lines ……………………………………………………………………………….61
ARTICLE XI – Grievance and Arbitration
1. Right to Grieve………………………………………………………………………………………61
2. Union Delegate/Executive Committee ……………………………………………………..61
3. Grievance Procedure………………………………………………………………………………62
4. Investigation Rights ……………………………………………………………………………….63
5. Attendance at Meetings/Hearings …………………………………………………………….63
6. Protection of the Grievant……………………………………………………………………….63
7. Expedited Arbitration……………………………………………………………………………..64
ARTICLE XII – Career Development and Training
1. Program………………………………………………………………………………………………..64
2. On-the-Job Training……………………………………………………………………………….64
3. Employee Internships……………………………………………………………………………..64
4. Career Investigation……………………………………………………………………………….64
5. Job Exchanges……………………………………………………………………………………….65
ARTICLE XIII – Job Safety and Working Conditions
1. Safe Working Environment …………………………………………………………………….65
2. Health Maintenance ……………………………………………………………………………….65
3. Personal Computers/Video Display Terminals…………………………………………..65
4. Pregnancy and PCs/VDTs……………………………………………………………………….66
5. Occupational Health and Safety Committee………………………………………………66
6. Training of Employees and Newly Hired Employees …………………………………66
7. Labeling ……………………………………………………………………………………………….66
8. Investigation…………………………………………………………………………………………66
ARTICLE XIV – Part-Time Employees
1. Part-Time Policy ……………………………………………………………………………………67
2. Definitions…………………………………………………………………………………………….68
3. By-line Language…………………………………………………………………………………..70
4. Stock Options………………………………………………………………………………………..70
5. Retirement……………………………………………………………………………………………70
6. Experience Credit…………………………………………………………………………………..70
7. Hours of Work ………………………………………………………………………………………70
8.Scheduling……………………………………………………………………………………………..70
9. Part-Time Job Openings …………………………………………………………………………70
10. Part-Time Life Insurance ………………………………………………………………………70
11. Part-Time Disability Insurance ………………………………………………………………71
ARTICLE XV – Definitions of Non-Employees…………………………………………71
Appendix A/Exemptions…………………………………………………………71
Other Provisions of the 2009 Supplemental Agreement …………………………….74
2011 Updating of Contract……………………………………………………………………….74
Additional Agreements and Side Letters
Supplemental Agreement (2010) …………………………………………………………………75
Outside Advertising Sales (2010) ………………………………………………………………..82
New Initiatives/Boston Globe and boston.com (2010)……………………………………84
Editorial Page Writers/Columnists (2010)…………………………………………………….86
2010 Lump Sum Payment…………………………………………………………………………..87
Supplemental Agreement (2009) …………………………………………………………………88
Advertising/Editorial Advisory Committees (2006)……………………………………….95
Boston.com Integration Memorandum of Agreement (2006) ………………………….96
Outside Advertising Salespersons /New Hires (2003)…………………………………..108
Facilitated Grievance Process re: Vacation Scheduling (2003)………………………111
Transitional Duty Work Assignments (2004)…………………………………………….. 112
Advertising/Strategic Cross-Selling Initiatives (2004)………………………………….114
Interpretation of Deference re. Article III, Section 1(B) (2004)……………………..120
Imaging Center Memorandum of Agreement (1999) ……………………………………121
Purchase of New Photography Equipment (1999)………………………………………..123
Additional Exempt Confidential Secretaries (1999)……………………………………..124
401(a) Administrative Costs side letter (1997)…………………………………………….125
Inside Sales Memorandum of Agreement (1997)…………………………………………126
Supplemental Agreement (1993) ……………………………………………………………….132
Job Security List (1993; updated 2011) ………………………………………………………137
Resignation Bonus Schedule……………………………………………………………………..139
Clarification of Job Guarantee side letter (1997)………………………………………….140
Dangerous Conditions Policy (1991)………………………………………………………….142
Reduced Work Week (1992)…………………………………………………………………..143
Family Conflict Policy (1992) …………………………………………………………………..145
Expense Allowances (1992) ……………………………………………………………………..147
Editorial Independent Contractors (1993) …………………………………………………..148
Evaluations and Overtime Assignments (1993) …………………………………………..149
Unit Clarification Settlement Agreement (1993)………………………………………….150

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ARTICLE I
RECOGNITION
The Globe Newspaper Company, Inc., hereinafter the “Employer,” does hereby recognize
Boston Newspaper Guild Local 31245/TNG-CWA, hereinafter the “Union,” as the lawful
collective bargaining agent for all the categories of employees as set forth in Article VI herein, at
the Boston, Massachusetts, location, as well as any other location of the Globe, presently
established or that may be established or wherever employees may be assigned or retained,
during the term of this agreement, except as provided for in Article VIII, Section 4. In addition,
all boston.com and bostonworks employees in advertising sales and sales support or content
classifications/functions under the control of the Globe’s newsroom as listed in Exhibit A to the
parties’ November 6, 2006 Memorandum of Agreement (Re: boston.com Integration) who are
relocated to Morrissey Boulevard and any future hires within those classifications/functions
regardless of work location shall become part of the Guild bargaining unit and governed by the
terms of this Agreement.
A regular full-time employee is an employee recognized by the Union and Employer and
included in the records of each as a full-time employee. It is understood that the agreement will
refer to those in this category as “employees” or “full-time employees.”
As used in this agreement, “bargaining unit employees” includes full-time and/or part-time
employees whose classifications are listed in Article VI (Wages) in addition to any newly created
or other positions which are appropriately included in this unit. Unless explicitly stated in
Article XIV (“Part-time Employees”) or elsewhere in the Agreement, the provisions herein apply
only to full-time employees.
EXEMPTIONS – Expressly excluded from this bargaining unit are all management and certain
other positions as specifically provided in Appendix A. Also excluded are foreign nationals
employed as non-editorial staffers at overseas bureaus.
SUCCESSORS AND ASSIGNS
Should the Employer sell, transfer, or assign its right, title or interests or transfer by receivership
or bankruptcy, its interest or ownership in any form or manner to a successor employer, the
Employer will include in the transfer agreement a provision requiring the successor employer to
recognize the Union and to be bound by the terms and conditions of this agreement and shall
deliver a copy of this agreement to the successor employer. In the event such a sale, transfer or
assignment occurs, the Employer shall also deliver to the Union a copy of that portion of the
sale, transfer or assignment agreement that includes the provision that the successor employer
recognize the Union and that it agrees to be bound by the terms and conditions of this agreement.
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ARTICLE II
GENERAL PROVISIONS
1. Duration of Contract
This contract shall remain in force from January 1, 2011 through December 31, 2012.
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, 2012.
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 rocedure
for redress.
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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 “to 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.” BNG members or Globe members may invite special guests to meet with the
committee and discuss issues that would be helpful to the committee’s 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’s 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
5
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’s 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 “Qualifications”
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’s 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 “Compass”) and the Union may post such openings on its web site.
Postings on the Employer’s internal web site will clearly state the job opening is within
the BNG bargaining unit.
6
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’s 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).
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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
8
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’s 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.
ARTICLE III
JOB SECURITY
1. Layoff
If the Employer determines that a layoff shall be necessary, all 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 fourteen (14) days written
notice of a layoff or employees will receive up to fourteen (14) days pay in lieu thereof.
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.”
B. The Employer may offer a voluntary buyout, pursuant to past practice, before layoffs
are implemented. If the employer offers a buyout, including but not limited to that
provided for in Article VIII, Section 4, such buyout offer shall constitute lay-off notice to
employees in the specified classifications as provided herein. Employees who are subject
to lay off without individual notice as provided in Section A above shall receive no less
than one week’s actual notice of their lay off and up to three (3) weeks pay in lieu of
notice for a combined total of four weeks’ pay or actual notice.
C. 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 bargaining unit seniority, which shall be determined by an employee’s total
length of bargaining unit seniority, pursuant to Article III, Section 5. Employees with
special skill or superior ability may be retained out of seniority for layoffs which are not
as a result of subcontracting.
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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 jobrelated
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, based on one year of service for 1,950 hours worked or paid, for part-time
employment in the bargaining unit.
D. An employee laid off will be entitled to severance benefits of fourteen (14) days 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. Full time
employees on the Job Security List laid off pursuant either to Article III or Article VIII
for a reason other than that the Globe has ceased publication shall receive a lump sum of
$33,000, in addition to the appropriate severance pay pursuant to this paragraph or
paragraph E below, or Article VIII, Section 4. Part time employees on the Job Security
List laid off for a reason other than that the Globe has ceased publication shall receive
one week of pay for each year of service plus a lump sum of $16,000.
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.
E. An employee laid off out of seniority order pursuant to paragraph C above, shall
receive an enhanced severance package, which shall include the following benefits in
addition to those provided in Section D 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 Globe paying the
entire cost 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.
F. Employees who receive severance payments pursuant to this Article shall be required
to sign a standard release of all claims against the Globe and the Union.
G. An employee dismissed through a layoff shall be placed on a rehiring list and shall
remain on that list for a period of twelve (12) months from the date of dismissal. During
the twelve (12) months following a lay off from positions within the Editorial
Department, the Employer may fill up to two (2) vacancies in those positions without
recalling laid off employees. Otherwise, in filling vacancies within any job
classifications from which employees were dismissed through a layoff, the Employer
shall offer re-employment to employees on the rehiring list who were dismissed from the
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classification in which there is a vacancy before hiring or promoting employees. The
Company shall first notify the Union and then such employees, based on bargaining unit
seniority, by e-mail or certified mail and the employee will be given ten (10) calendar
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, unless other arrangements
are made with the department head or Human Resources. If an employee opts not to
accept an offer of employment his/her name will be removed from the recall 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.
H. The Globe will meet with the Union during the fourteen (14) 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.
I. 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.
J. 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.
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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
• Metro, Zones, Health/Science, Night Desk
• Photo, Library, Editorial Design, Spotlight, Ideas
• Sports
• Living/Arts, Travel, Magazine
• Business
• National/Foreign
Human Resources
Employee Relations (includes Protective Services, Production Administration)
Information Technology
Public Affairs
Marketing Services (includes Promotion Design)
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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.
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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.
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(c) Discharge of new employees in the job classification of “Outside Advertising
Sales” with less than eight (8) calendar months of employment shall not be
subject to review by the Union.
(d) 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.”
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 “a” 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 seniority” 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, based on one year of service for 1,950 worked or paid.
Employees who become part of the bargaining unit who have immediate prior service
at boston.com shall be given credit toward bargaining unit seniority for the period of
boston.com employment for all contractual purposes, including benefits.
b) “Classification Seniority” 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.
15
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.
ARTICLE IV
HOURS OF WORK AND OVERTIME
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 40 hours in one week shall be paid at a rate of time and one-half.
Hours worked between 37.5 and 40 in any one work week shall be compensated at the
applicable straight time rate. 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. Additional payment for work before or after an employee’s regular shift shall be
compensated at straight time for work which exceeds 37.5 hours in any one work week and
time and one half for work which exceeds 40 hours in one work week. 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.
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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
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Any employee with regularly scheduled working days and hours must be given one week’s
notice of change of schedule, except in case of an emergency. However, if an employee is on
vacation then the one-week’s 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 threequarters
(3 ¾) 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’s current step rate, will be used for
purposes of this calculation. In no case will a bargaining unit employee’s salary be reduced
18
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 1/1/11):
A third-year clerk ($575.59) fills in for a third-year secretary ($639.54). The clerk would
receive the difference between ($575.59) and the next higher step on secretary’s pay rate
($639.54) or $63.95 per week or $12.79 per day.
A fifth-year reporter, ($1,304.79), fills in for a second-year assistant metro editor
($1,473.73). The reporter would receive the next higher step on assistant metro editors’ scale
($1,473.73), but in this case, would instead receive $15.00 per day, under Article VI, Section
6 as that rate would apply.
An accounts receivable clerk, fourth year, ($39.54), fills in for an accounts receivable
supervisor, fourth year, ($1007.11). The clerk will be paid the next higher step on supervisor
scale, first-year rate ($660.80) or $21.26 per week or $4.25 per day.
ARTICLE V
VACATIONS, HOLIDAYS AND LEAVES OF ABSENCE
1. Vacations
Vacation entitlement for regular employees shall be based on regular service from date of
hire as a Globe employee determined at December 31 of each year. Date of hire is defined as
the first day on the Globe full-time payroll. Employees will earn vacation time based on a
current system of accrual; i.e. vacation time will be taken in the year in which it is earned.
An employee must schedule two unpaid vacation days each year. All scheduling of unpaid
vacation days must be submitted before January 31 of that year.
Vacation Entitlement
0 – 3 months 0
3 months – 1 year 1 week*
1 year – 7 years 3 weeks
8 years – 17 years 4 weeks
18 years or more 5 weeks
*(after completing six months)
An employee who becomes eligible for a third, fourth or fifth week of vacation due to his/her
length of service during the first five (5) months of any calendar year will be treated as
having earned that service as of the previous December 31. Such additional week vacation
may be taken after completing six (6) months’ service in the calendar year.
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Part-time employees other than co-op students shall receive vacation benefits on a pro-rata
basis in proportion to hours worked. One vacation day credit will be earned for each onehundred
ninety-five (195) hours worked. Effective date of signing, pursuant to Section III D
of the Supplemental Agreement employees shall earn 1.25 vacation day credits for each onehundred
ninety-five (195) hours worked, and part-time employees who have worked a
minimum of 600 hours per year for a total of five (5) calendar years shall earn 1.5 vacation
day for each one hundred ninety-five hours (195) hours worked.
When a part-time employee has worked as a part-time employee a minimum of 600 hours per
year for a total of ten (10) calendar years, two vacation days’ credit will be earned for each
one hundred ninety-five (195) hours worked. For employees with more than ten (10) years’
part-time service the most recent ten (10) years will be used in making this computation.
These years do not have to be consecutive. During the calendar year, such part-time
employees may draw against their vacation day credit balance accumulated through the
preceding December 31. For purposes of this paragraph, vacation and holiday time shall be
included in hours worked. Part-time employees’ weekly pay stubs will indicate their hours of
vacation entitlement remaining. The number of vacation days taken by a part time employee
and paid in a work week will be determined by the actual average number of days worked in
the six months before the vacation is taken. No more than 1/3 of vacation days (rounded to
the nearest whole number) may be taken as single days, pursuant to the provisions of Section
2(F) below.
1A.Vacation Pay
Payment for vacation, holiday and paid leaves of absence shall be calculated to include a
bargaining unit employee’s base pay, merit pay and shift differential.
1B. Change in Status
A full time employee whose status changes to part time shall receive credit for full time
years of service toward his/her part time vacation entitlement. Each year of full time service
shall count as one year of part time service toward the rate of vacation credits earned.”
A full time employee whose status changes to part time may either: (i) take up to eight (8)
unused, accrued vacation days during the first calendar year of employment in a part time
position together with compensation for any remaining unused vacation time or (ii) accept
full compensation for all unused vacation time. All scheduling of vacation days shall be
subject to approval by the department head, provided such decisions are made in accordance
with other provisions of the contract.
(a) A part time employee, with more than 5 years of service of at least 600 hours in at least
five of those years, who converts to a full time position shall receive credit toward vacation
entitlement as follows: for each year of 600 hours but less than 1000 hours, 3 months credit
will be given and for each year of 1000 hours or more 6 months credit will be given.
(b) Current full time employees who, when they became full time, had more than 5 years of
part time service of at least 600 hours in at least five of those years, shall receive credit
toward vacation entitlement as follows: for each year of pension service earned while they
were part time, they shall receive 6 months credit toward vacation service.
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2. Vacation Scheduling
Annual vacation may be scheduled from January 1 through December 31 of each year except
that up to ten days may be carried over through April 30 of the following year.
A. Contingent upon staffing needs, scheduled vacations may begin any time of the year and
any day of the week.
B. Except in cases of emergency or heavy work periods as agreed to by the Union and
Employer, department heads may not establish a period of time during which vacations
may not be allowed, but they may limit the number of employees scheduled for vacation
in any given work week.
C. An employee shall have the right to exchange a scheduled vacation with another
employee with the department head’s approval and where no seniority conflicts would
result.
D. No bargaining unit employee may waive any vacation due under this agreement.
Employee requests for vacation time off shall be determined on the basis of bargaining
unit seniority, for requests made through May 15. Any vacation requests made after May
15 will not result in the displacement of scheduled vacation time for any employee who
scheduled his/her vacation prior to May 15 regardless of his/her bargaining unit seniority.
Any employee who does not submit a vacation schedule by October 15 for the calendar
year may be subject to having that vacation scheduled by the department head.
E. An employee eligible for three or more weeks of vacation may take two consecutive
weeks of vacation. Any request for three or more consecutive weeks must be approved
by the department head. Employees should make such request as soon as possible. The
amount of notice given and the amount of vacation entitlement shall be given due
consideration by the department head in making his/her decision. No such request will
be unreasonably denied and any such denial by a department head shall be based on
legitimate business needs. Any grievance and arbitration arising from this section shall
be facilitated according to the parties’ side letter agreement, “Facilitated Grievance
Process”.
F. Subject to Paragraph A above, two weeks of vacation may be scheduled one day at a time
at the employee’s request. Except in cases of emergency, employees shall schedule
single vacation days at least eight (8) days in advance.
G. The Globe will facilitate requests from the Union to allow bargaining unit employees to
individually donate accrued but unused vacation time to other bargaining unit employees
to provide additional full pay for any absence covered by the Family & Medical Leave
Act.
3. Vacation Seniority
In scheduling vacations, bargaining unit seniority shall be the deciding factor where there are
conflicts.
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4. Holidays
Regular employees shall be entitled to the following nine (9) holidays plus their birthday that
fall within their period of employment, namely:
New Year’s Day Labor Day
Martin Luther King Day Columbus Day
Presidents’ Day Thanksgiving
Memorial Day Christmas
Independence Day
The employee’s birthday holiday, which shall be unpaid, will be taken within two weeks of
each employee’s actual birthday, with the specific day to be approved by the employee’s
department head.
Notwithstanding the provisions of Article V, Section 5, instead of the above-named nine (9)
holidays and the employee’s birthday, regular night workers shall have the option of taking
ten (10) days off, or taking one week off (5 work days) plus five (5) days’ pay. However, not
more than three (3) weeks of any vacation shall be consecutive except by arrangement with
the management.
Employees with ten or more year’s full-time service will not be required to work on
Thanksgiving or Christmas (Christmas Eve for night and lobster shift workers). Employees
with twenty or more year’s full-time service will not be required to work holidays. This
clause shall not apply to departments or sub-departments in which, at the time of the holiday,
80 percent or more of the full-time employees in any bargaining unit classification have the
required years of service stated above, but would apply when that department or subdepartment
falls below 80 percent of employees in any classification who have the required
years of service stated above.
Part-time or temporary employees other than co-op students shall receive holiday benefits on
a pro-rata basis in proportion to hours worked.
One holiday credit will be earned by a part-time or temporary employee for each one
hundred ninety-five (195) hours worked. Such employees may draw against accumulated
credits, if any, to receive holiday pay only if a holiday described above falls within their
period of employment. Part-time employees’ weekly pay stubs will indicate their hours of
holiday entitlement remaining.
5. Holiday Compensation
Any employee required to work on a holiday, which falls on his/her regular day off, must be
compensated with either of the following options:
1) two and one-half days’ pay (this includes the holiday pay), or
2) two and one-half days off.
Any employee required to work on a holiday which falls on a regularly scheduled work day
must be compensated with either of the following options:
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1) two days’ pay (this includes the holiday pay), or
2) one day off and one day’s pay.
Time off must be scheduled within four weeks of the holiday.
When an employee’s regular day off falls on a holiday, he/she shall receive an additional
day’s pay, or equivalent time off scheduled by mutual agreement.
When an employee’s days off have been changed during a week in which a holiday occurs,
resulting in such employee’s working five (5) straight-time days in such a week, such
employee shall receive an additional day off scheduled by mutual agreement.
5A.Religious Holidays
An employee whose beliefs require him/her to be absent from work for a religious holiday on
a day on which he/she is scheduled to work shall be allowed to work during one of the above
holidays in exchange for the religious holiday. In such a case, the employee will receive
regular pay for both days.
6. Globe Shutdown
In the event of the Globe plant shutdown through no fault of the Union or its members, a
bargaining unit employee shall receive, on request, any vacation compensation to which
he/she is entitled. In addition, full-time night and lobster workers who have accrued holidays
pursuant to Article V, Section 4, shall also receive, on request, any holiday compensation for
which he/she is entitled.
7. Absence Credit
The Employer agrees that regular full-time employees who terminate and later return shall be
given credit for that previous full-time employment after they have been re-employed for a
period of time equal to the period of their absence or five (5) years, whichever is shorter.
The previous time will be credited toward experience in classification, for the purposes of
seniority and all benefits other than pension except where applicable under the terms of the
Pension Plan.
8. Vacation Credit
If any employee, including probationary employees, leaves the Globe or loses time from
work due to disciplinary suspension, his/her vacation credit shall be pro-rated based on the
number of work weeks actually worked. Employees who have disciplinary suspensions
removed will have lost vacation credits restored. In cases of workers’ compensation and
long-term disability, employees will earn full vacation credit for the first six months of the
leave. Thereafter, no vacation credit will be earned until the employee returns to work.
9. Military Service
Section 1. Any bargaining unit employee who leaves the employment of the Employer to
enter military service of the United States or the Commonwealth of Massachusetts shall,
upon request, be deemed on leave of absence, and on release from such service shall resume
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his/her position or a similar one under the conditions set forth in the Universal Military
Training and Service Act or any subsequent legislation amendatory thereof: a) that he/she are
able and competent to perform the work, b) that the opportunity for such work has not been
wiped out by the necessary reduction of the force, c) that he/she applies for reinstatement
within ninety (90) days of his/her honorable discharge, with certificate, from service.
Section 2. In the event such bargaining unit employee is incapacitated during or at
termination of military service and the Employer is unable to place him or her in any other
mutually agreeable position he/she shall be granted severance pay in accordance with
Articles VIA and IX. If an employee dies while in military service, the benefits accruing
under Articles VIA and IX of this Agreement shall apply.
Section 3. In setting classifications and rates of pay for bargaining unit employees returning
from military service, the Employer shall give due consideration to the training and
experience which such employees have received while on military leave.
Section 4. A bargaining unit employee on entering military service shall receive two weeks’
pay plus accrued vacation pay in cash as provided in Article V. Any remaining portion of
accrued vacation credit not paid in cash shall be added to any credits accruing in the first year
in which he/she resumed employment. Vacations in the year employment is resumed shall
be computed on service time as defined in Article V.
Section 5. In order to give full protection to bargaining unit employees, any replacement for
an employee on military or other approved leave shall be considered temporary and shall be
so reported to the Union. Such temporary employee shall enjoy all the benefits provided
temporary employees under the provisions of this agreement and assume all the obligations
of the agreement. He/she shall be subject to dismissal at the discretion of the Employer upon
the return to employment of the employee he/she has replaced.
Section 6. Provisions of this article need not apply to a person dishonorably discharged and
shall apply only during the life of this agreement.
Section 7. In the event that bargaining unit employees are elevated temporarily to a higher
classification for the purpose of filling the places of those bargaining unit employees who
enter the service of the United States, such employees may be restored to the lower
classification upon the return of the former employees from such service, and the salary of
the substituting employees may be adjusted accordingly.
Section 8. Expiration. Leave of absence for military service shall expire when the
bargaining unit employee’s re-employment rights expire under the provisions of the
Universal Military Training and Service Act, as amended.
Section 9. Group Life Insurance. The Group Life Insurance Plan provisions regarding
authorized leaves of absence without pay shall apply during the military leave of a bargaining
unit employee who was a member of the plan at the time the leave began, so long as the
insurance company does not withdraw coverage of employees on military leave. Benefits
and contributions during the leave shall be at the same benefit level as if the bargaining unit
employee had remained at work in the same job. In the event of such a withdrawal, The
Employer shall consult with the Union concerning possible alternate protection for
bargaining unit employees then on military leave of absence.
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Section 10. Pension Plan. A bargaining unit employee’s leave of absence for military
service shall not constitute a break in service under the Plan. No additional pension benefits
will accrue to the bargaining unit employee during the leave of absence period except during
the first six months of such leave as provided in Article V, Section 16.
Section 11. Vacation Upon Start of Military Leave. At the start of military leave, the
bargaining unit employee shall be granted the full vacation or balance thereof that he/she
would otherwise have received during the calendar year in which the military leave began.
Upon returning from military leave the bargaining unit employee shall receive in the calendar
year of re-employment, to the extent that he/she has not already done so, the vacation that
he/she would have received in that year if he/she had remained at work and had not been on
military leave.
Section 12. Physical Incapacity. If a bargaining unit employee, upon his/her return from
military leave, is found to be physically unable to resume his/her position, the Employer shall
make all efforts to place him or her in another position and shall consult with the Union on
these efforts. If another position is not found, the bargaining unit employee shall receive
his/her severance pay under Article VIA.
Section 13. Temporary Military Training. All sections of this paragraph, except for Sections
4 and 11, shall apply when a bargaining unit employee is required to enter full-time military
service for an annual training period of up to and including ninety (90) consecutive days.
The Employer, shall, however, grant him or her an unpaid leave of absence in addition to
his/her regular vacation.
Section 14. Bargaining unit employees entering the service of the United States as the result
of being drafted or activated for more than six (6) months as aforesaid shall lose no benefits
of severance, death or step rate provisions during their period of service.
Section 15. When a bargaining unit employee is required to enter temporary full-time
military service due to a local or national emergency, in addition to applying the provisions
of this article the Employer shall for not more than thirty (30) consecutive calendar days pay
him or her the amount by which his/her regular pay exceeds his/her military pay plus
allowances, exclusive of travel allowance. The “regular pay” for part time employees shall
be calculated by dividing by 52 his/her total pay for the 52 weeks prior to his/her entering
military service.
10.Sick Leave
A. An employee shall not forfeit any part of his/her pay because of absence on account of illness
for up to fifteen (15) working days in any calendar year, or up to an additional fifteen (15)
working days in any calendar year during a period of major illness. Accordingly, in cases of
major illnesses an employee will be entitled to up to thirty (30) days’ sick leave consisting of
a fifteen-day (15) major illness allowance plus any unused portion of his/her fifteen (15)
days’ sick leave. New hires will have their sick days pro-rated during their first year of
employment as follows: all new hires will be entitled to three (3) single sick days upon hire
plus an additional single sick day for each month remaining in the calendar year. All new
hires will be entitled to usage of all major illness days, subject to the verification procedures
described below.
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In order to qualify for a major illness allowance, an employee must be absent for five (5)
working days or more due to his illness. All major illness days shall be subject to medical
verification.
If an employee uses more than ten (10) of the allowable fifteen (15) single sick days in any
calendar year, then any additional sick days (as well as verification of any major illness days)
shall be subject to the Company’s right to require medical verification of illness by the
Globe’s disability insurance carrier (currently Aetna/Broadspire), a physician or other
medical professional. The Globe may confer with such physician or other medical
professional to confirm the authenticity of the medical verification. Employees who are
unable to provide such authentic medical verification may be subject to progressive
discipline under Article II, Section 2, (Discharge and Disciplinary Action) of this contract.
In addition, days, which are not verified, may be disallowed as sick days.
Employees who have used more than ten (10) single days in any two (2) consecutive
calendar years shall have their single day allowance reduced to ten (10) the following
calendar year, and shall remain at that level until the calendar year after they have used no
more than eight (8) single days in a calendar year. Excepted from this provision are:
1) employees whose usage of single days is confirmed by the Globe’s Medical
Department as having resulted from a documented, chronic or acute illness that
causes them to be absent from work;
2) up to two (2) single sick days taken pursuant to Section 10(D) below; and
3) employees who prior to their usage of more than ten single days in two
consecutive years have averaged five (5) or fewer single days over the prior five
(5) years shall be allowed a third year before their single day allowance is so
reduced.
Nothing herein shall affect the Globe’s right to impose appropriate progressive discipline.
Pattern abuse of sick time may be subject to progressive discipline under Article II, Section
2, (Discharge and Disciplinary Action) of this contract.
Pattern abuse of sick time shall include, for example, the usage of sick days (either single or
major) in a particular year-to-year historical pattern, or the usage, in a given year, of a
majority of single sick days before or after other non-working days such as holidays,
vacation days or scheduled days off.
Each department will have available a monthly Sick Leave Report which employees may
review to ensure that their sick leave usage has been correctly recorded. Any discrepancies
must be promptly reported so that errors can be timely corrected. Each January the Globe
shall provide the Union a report detailing each employee’s sick leave usage for the previous
year.
B. Under an Agreement between the Globe Newspaper Company and the Boston Globe
Employees Association, the Company agrees to maintain a long-term disability plan as
enhanced in Section IIID of the Supplemental Agreement. A summary of the Plan is
available in the Benefits Department.
C. If an employee has been away from work because of a major illness and is about to be
eligible for long-term disability, he/she may use up to ten (10) sick days, which were unused,
the previous year. This additional leave could only be used prior to expiration of the 45-day
long-term disability waiting period.
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D. Employees may use up to five (5) of their allowable fifteen (15) single sick days in any
calendar year for the care of a spouse, child or parent who is ill.
E. Part-Time Sick Leave
Part-time employees with at least five (5) years of employment of at least 600 hours in each
of the five years will be eligible for one (1) day of sick leave annually. Sick leave may be
subject to medical verification (which will be the same as that provided in Section A above
for full time employees) and satisfactory attendance (regular coverage of their job). Part time
employees can bank their one day if unused in any year for use in the following year, up to a
maximum of two (2) banked days which could then be used along with the day in the year
they use the time for a maximum of three (3) days in any one year. Part time employees
using a sick day will be charged and paid for a full day (7 ½ hours) regardless of the hours
he/she were scheduled to work that day.
11.Workers’ Compensation
The Employer will maintain worker’s compensation insurance which complies with state
law. The Employer will administer a worker’s compensation benefit plan pursuant to the
company policy on file with the personnel department. The employee benefits director shall
provide essential information including a copy of the company’s worker’s compensation
policy within two (2) business days to persons who suffer an occupational injury or disease
or to others who may request such information.
Bargaining unit employees who suffer an occupational injury or disease will be eligible for
worker’s compensation benefits. Eligibility for worker’s compensation benefits does not
preclude a full-time employee’s rights to unused sick pay and/or long-term disability
benefits.
Any amount received by a full-time employee under worker’s compensation (except hospital
and medical expenses) for the period covered by paid sick leave may be deducted by the
Employer.
No full-time employee eligible to receive worker’s compensation shall be required to take
sick time.
The Employer will make full medical contributions for up to eighteen (18) months for any
full-time employee absent from work due to a workers’ compensation injury for the first time
that employee is so absent. Any full-time employee absent for a second period due to a
worker compensation injury will have medical contributions made by the Employer for up
to twelve (12) months. The Employer will not make medical contributions for a full-time
employee absent from work for more than two periods of time due to a workers’
compensation injury. During the period for which Employer contributions are made, fulltime
employee payroll deductions for medical insurance will be waived.
12.Jury Duty
Any bargaining unit employee required to be absent from his/her regularly scheduled work to
serve on a jury shall be paid his/her regular scheduled straight-time wages, less his/her jury
wages, and will be made whole for any financial loss in accordance with applicable federal
and state laws. Such absence shall be supported by a statement signed by the clerk of the
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court certifying as to each day of jury duty. All full-time employees serving such duty shall
be given a work schedule with Saturdays and Sundays off during the term of said jury duty.
Night workers will be able to leave by midnight if scheduled for jury duty the next day,
subject to the employee giving at least one week’s notice to his/her department head,
13.Bereavement Leave
In the event an employee’s wife, husband, spousal equivalent, mother, father, son, daughter,
brother, sister, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-inlaw,
brother-in-law, daughter-in-law or son-in-law dies, such employee shall be permitted to
absent himself/herself from work without loss of pay on any of his/her regularly scheduled
working days following within three (3) consecutive days, one of which shall be the day of
the funeral. This shall not apply when the funeral occurs at a time when the employee is on
vacation or leave of absence.
If the deceased person is not a member of the immediate family as defined above, the
employee may request a vacation day or unpaid day off to attend the funeral of these
relatives: aunt, uncle, niece, nephew or cousin.
Regular part-time employees shall be permitted to absent himself/herself from work without
loss of pay on (1) one regularly scheduled workday per year to attend the funeral of a spouse,
spousal equivalent, parent, child, grandparent, grandchild, sibling, mother-in-law, father-inlaw,
sister-in-law, brother-in-law, daughter-in-law or son-in-law. Such part-time employee
must have at least five (5) years of employment of 600 paid hours per year (which may be
non consecutive) to qualify for such leave.
The Employer agrees to provide bargaining unit employees with a free “Death Notice”
advertisement in cases of deaths in the immediate family of the employee. The immediate
family shall be defined as spouse, children, parents, brothers and sisters.
14.Pregnancy/Child-Birth Leave
A. An employee who gives birth to a child shall be entitled to a pregnancy/child-birth leave
for a period of up to three (3) months. During the leave the employee may first use the
unused portion of her sick leave (up to 30 working days maximum pursuant to Section 10
of this Article) and then may schedule remaining unused vacation days. Any employee
disabled by pregnancy for more than three (3) months will be entitled to benefits under
the Employer’s long-term disability plan.
B. An employee on pregnancy/child-birth leave of absence shall accrue length of service
credits for the first three (3) months for all benefits, including pension, relating to or
depending upon length of employment, provided the employee returns to work.
C. The Employer agrees to maintain all life and health insurance coverage during
pregnancy/child-birth leave subject to any participation required by the Employer of the
employee.
D. An employee returning from pregnancy/child-birth leave shall be restored to her former
position at the salary she would have received had employment been continuous.
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15.Family and Medical Leave
In addition to the provisions of Section 14 above, all employees who become parents of newborn
or newly adopted children; who are required to care for a foster child; or who, because
of their own serious health condition or the serious health condition of a spouse, child or
parent seek a leave of absence from work, shall be entitled to a leave of absence of no more
than twelve (12) weeks in any given calendar year. In all instances outlined above, this
leave is unpaid, except that: a) the employee may schedule unused vacation days; and b)
primary caregivers for newly adopted children may use the unused portion of his/her sick
leave (up to 30 working days maximum pursuant to Section 10 of this Article). To qualify for
such use of sick leave, a primary caregiver must certify that he or she is the parent who will
be at home responsible for the daily care of an adopted child under the age of 12 and that
there is no other parent available in the home for such care.
For the purpose of this section only, “employees” are defined to include employees who have
worked for at least one year and have worked at least 1,000 hours during the twelve (12)
months prior to the requested leave.
The provisions of Section 14, Paragraphs B and C above shall apply to this section for fulltime
employees only. The provisions of Section 14, Paragraph D shall apply to those
employees as defined in this section.
Specific administration of this Section 15 will be in compliance with the Family and Medical
Leave Act of 1993 (P.L. 103-3), as clarified by Regulations (interim and final) to be issued.
The parties will meet to discuss the application of the Regulations to employees in the
bargaining unit.
16. Unpaid Leaves of Absence
In addition to the provisions of Sections 14 and 15 above, unpaid leaves of absence for up to
one year for good and sufficient reason in the opinion of the Employer (including family
reasons) shall be granted upon written request and shall not be unreasonably denied to fulltime
employees with more than two years of full-time employment as a Globe employee.
The Union will be so notified of any such approved request. In extraordinary circumstances,
in the case of leaves for family reasons only, absences may be extended for an additional
one-year based on the needs of the newspaper.
An employee on leave of absence shall accrue length of service credits for the first six (6)
months for all benefits, including pension, relating to or depending upon length of
employment, provided the employee returns to work. After the first six (6) months of the
leave, the employee shall accrue length of service credits for pension benefits only.
The Employer agrees to maintain all life insurance coverage during a leave of absence. The
Employer will maintain all health insurance coverage for the first six (6) months, subject to
any participation required by the Employer of the employee. After the six (6) months, the
employee will be responsible for the entire health insurance contribution.
An employee who goes on a leave of absence will be returned to his/her former or equivalent
position at the end of the leave with no loss of pay.
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17.Court Appearances
Exclusive of personal business, a bargaining unit employee who has been subpoenaed to
appear in court shall be paid his/her regular straight-time wages.
18.Sabbatical Leave
Sabbatical leaves for self improvement may be granted upon written request at the discretion
of the Employer, who will coordinate the financial arrangements with the employee.
19.Job Sharing
The Company will offer opportunities for job sharing, the pairing of two employees to share
the work of one job for one year. The scheduling of hours, days, weeks and months will be
determined by managers in consultation with participants.
It is ultimately the decision of the Globe as to whether and when an individual job-sharing
arrangement may be established and how many such pairings may be in place at one time.
For a proposal to be approved, it must not have an adverse impact on the operation of the
paper and must not result in an increase in cost to the paper.
The program will be open only to full-time staff members with two or more years of service
and each pairing arrangement will last one year. It is presumed that each pair of employees
who seek to establish a job-sharing arrangement would be in the same job classification and
same department, but other proposals may be considered.
Except in an extreme emergency situation, participants will be expected to fulfill their
commitment to complete a full year in the job-sharing arrangement. At the end of the year,
all participants are guaranteed the right of their full-time jobs.
Participants will retain their full fringe benefits and remain on the full-time payroll but will
receive pro-rated salary based on the hours worked. Overtime will be paid on the basis of
time beyond the regular workday as described elsewhere in this agreement. The number of
paid vacation days will be half of what the normal entitlement would be; the number of paid
holidays will be four (4), plus the birthday holiday, for a total of five (5) paid holidays.
Written proposals should be signed by both applicants and submitted to department heads
with a copy to the BNG office.
20.Temporary Reduced Work Schedules (Medical)
The employer will reasonably accommodate requests from employees who are capable of
returning to work on a reduced hours and/or work basis from worker compensation or long
term disability leaves of absence. The employer will notify the Union in writing of all such
requests, the expected return to work date (which shall not be sooner than fourteen (14) days
thereafter), details of the reduced schedule, and the expected duration of the reduced
schedule. The employer will request that the Union agree to the proposed reduced work
schedule. Upon request by the Union, the parties shall meet to discuss the terms of the
reduced work schedule. At the end of the fourteen (14) days, if the parties cannot reach
agreement, the parties will retain their respective statutory and contractual rights.
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21. Furlough Days
Employees will be required to take five unpaid (i.e., furlough) days each calendar year.
Employees shall submit their scheduling request for furlough days by January 31 of each
calendar year. Such days shall be scheduled by the department head, on the basis of
seniority, subject to the operational needs of the department. Where possible, the employee’s
desires will be accommodated. In the event the employee fails to submit a scheduling
request, furlough for that employee will be scheduled by the department head.
ARTICLE VI
WAGES
Effective July 19, 2009 wage rates were reduced by 5.94% for all employees, except that the
reduction for “Tier 2” employees was 2%. This pay reduction applied to all book rates and
merit pay. It did not apply to shift differential or Article VI, Section 6 A and B supplemental
payments. In the event the 5% pay reduction for management employees is restored in whole or
in part, the same percentage of reduction shall be restored for employees covered by this
agreement.
LUMP SUM PAYMENTS
2011 and 2012 Payments
A profit sharing plan shall be created under which each full time employee shall receive the
following:
• 1% of salary in any year in which Globe (including boston.com, but excluding other
NEMG properties) Operating Profit is nonnegative;
• An additional 1% of salary shall be paid (for a total of 2% of salary) if Operating Profit
equals or exceeds $2 million for the year;
• An additional 1% of salary shall be paid (for a total of 3% of salary) if Operating Profit
equals or exceeds $5 million for the year.
• All eight (8) unpaid days (furlough, vacation and birthday holiday) will be eliminated if
Operating Profit equals or exceeds $10 million for the year.
“Operating Profit” shall be as reported in the New York Times Company audited consolidated
financial statements. Payment shall be made as a single lump sum subject to all applicable taxes
and other deductions.
The Union may verify the Operating Profit results reported by the Globe in the following
manner. The Union shall appoint a third party accountant or auditor who shall sign the
confidentiality agreement attached to the Supplemental Agreement. In accordance with such
agreement, the Globe shall make available to the auditor such information as the auditor may
reasonably request to verify that the Operating Profit reported by the Globe is accurate. The
auditor shall report to the Union whether the Operating Profit figure is accurate, but shall not
disclose any of the information reviewed in making that determination.
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1. Terms of Payment
Wages shall be paid weekly and during day working hours. Effective January 1, 2004 all full
time employees were converted from the then current system by which they were paid
currently (i.e. during the week in which the hours are worked) to a system in which they are
paid in arrears (i.e. during the week following the one in which the hours were worked).
As part of this conversion, all then current full-time employees (by name) are carried on a
prepaid wage accrual account. When each such named employee leaves the Globe, he/she
will have his/her last paycheck adjusted by the prepaid accrual amount.
2. Wages
No employee within the classification set forth below shall receive a weekly wage less than
that set forth in the following schedule.
3. No Reduction in Wages or Loss of Merit
There shall be no reduction in the pay of any employee covered by the terms of this
agreement during the life hereof.
The provisions of this paragraph are subject to the following exceptions:
a. The military leave provisions as set forth in Article V, Section 9.
b. Employees who voluntarily apply and are accepted for a position, which has a lower base
pay, may have their pay reduced to the appropriate scale in the new classification. If the
Employer decides that an employee, who has voluntarily accepted such a lower base pay
position, shall not have his/her pay so reduced, that difference in pay shall not be
considered to be a merit increase for purposes of this contract.
c. Employees who become incapacitated may continue in employment at a rate of pay
mutually agreeable to the Employer and the employee.
d. The trial period provisions as set forth in Article II, Section 7H.
Merit increases shall be determined by the Employer. Any employee may at any time send
written communication to the head of his/her department, or to the Employer, requesting a
joint hearing as to monies in excess of base pay. Merit shall be defined as pay granted by the
Publisher in recognition of past performance, above the rates for any classification listed in
Article VI.
No merit increase shall be lost or reduced by any increase or reduction in salary or
classification.
4. Length of Service Steps
The word “year” or “years” as used in this article in relation to step raises shall mean year or
years of experience in work at the Globe.
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In determining the initial pay of a newly hired employee:
a) credit for earlier employment at the Globe in the same classification will be granted;
b) credit for experience at another organization will be given due consideration based on
comparability of duties, comparability of employers and previous rate of pay.
In all cases, newly hired employees shall not be paid less than contract rates for their job
classifications.
5. Definitions
A. The Article VI classification of Senior Clerk, existing in prior agreements, is not included
in this agreement as a pay classification subsequent to May 8, 1993. Incumbent
bargaining unit employees at the date of signing of this agreement will retain the title of
Senior Clerk. All employees currently classified as “clerks” whose names appear on
Exhibit B to the Supplemental Agreement shall advance to the Senior Clerk
Classification when they would have reached that step under the previous contract. All
part-time employees currently classified as part-time “clerks” whose names appear on
Exhibit C to the Supplemental Agreement shall advance to “part-time Senior Clerk”
when they would have reached that step under the previous contract so long as they retain
their part-time status.
B. Layout, Makeup, Slot includes Regular Layout, Regular Weekend News Editor, Regular
Slot, Regular Sunday Slot and Makeup, Head of Night Sports Desk, Regular
Departmental Layout Makeup Persons (Sunday Editorial Page, Financial, Living Arts).
6. Supplemental Payments
The following supplemental payments will be required in circumstances where an employee
substitutes for an entire shift in the classifications indicated below unless inter-classification
fill in pay (Article IV, Section 13) is higher:
A. Editorial employees used as substitutes for regular layout; wire, Sunday, local and sports
slot; photo editor; national/foreign editor; assistant metropolitan editor; chief
photographer; assistant chief photographer; and assistant night editors, shall be paid $15
per day or night extra.
B. Chiefs of the following bureaus or teams shall be paid $60 per week above scale: State
House, City Hall, Spotlight Team, Washington, Zone sections, and any bureau outside
the continental USA. If and when any other chiefs of bureaus or teams are designated as
such by the Employer, they will also be paid $60 per week above scale. It is understood
that Bureau Chief pay is required to be paid only at the time any employee is assigned to
that position. However, any employee who is no longer a Bureau Chief but is receiving
such pay as of the ratification date of this contract shall retain such supplemental pay.
C. A student employee used as a reporter, photographer, or copy editor while on co-op term
will be paid 80 percent of first year scale of the job they are performing per day or night.
Students employed under this paragraph in these classifications will be limited to five,
during each co-op term, with no more than three to be assigned in the entire Editorial
Department, in any twenty-four hour period in all three classifications combined. Such
33
students will be selected from those in their Junior or Senior year as a co-op student and
will be limited by Article XV, Section 2, Section A4 (Student Employees).
D. A student employee who has completed his/her sophomore year and who is assigned to
the Editorial Department will be given one opportunity each month while on their co-op
term to work closely with a staff reporter, photographer or copy editor. Participation in
this opportunity will be voluntary for the staff person. However, if the Globe is unable to
secure participation by any staff in a timely manner, it will have the right to assign
participation, except that no individual employee will be compelled to accept such
assignment more than once every three months. The Globe will be reasonable in its
request to staff to participate in these student opportunities.”
Such opportunity may result in the student receiving credit at the end of each published
story to which he/she contributed and, in addition, up to two byline credits (including for
published photos) per co-op term. Student employees shall be paid a bonus of $25.00 for
each by-line credit received. No reporter, photographer or copy editor shall be
disciplined for errors which result from work product of student employees, but shall
remain responsible for their own work product.
The current practice on the “City Desk” in which student employees provide back-up to
staff to report on brief stories (such as obituaries and “news briefs”) on holidays,
weekends and late nights shall also continue.
34
WAGE RATES
Effective January 1, 2011 to December 31, 2012
LENGTH OF SERVICE IN YEARS
1 2 3 4 5 6
FINANCE DEPARTMENT
Assistant Buyer
632.13
734.39
838.40
898.51
952.17
Accounts Payable/Receivable/Mech Supervisor
660.80
772.43
931.99 1,007.11
Administrative Assistant
660.80
772.43
931.99 1,007.11
Staff Accountant 958.83
ADVERTISING DEPARTMENT
Advertising Artists
778.14
908.09 1,082.97 1,202.47 1,304.79
Ad Control Unit Supervisor (New Hire)
746.90
857.55
968.20
Ad Control Unit Supervisor 1,059.80
1,184.58
Analyst Optimization 669.28 714.50 755.19 813.98
Copywriter Print & Interactive
792.54
906.94 1,017.31 1,097.09 1,208.91
Designer Print And Interactive 1,138.13 1,246.30 1,349.76
Design Supervisors 1,242.55
1,360.92
Design & Supplement Coordinators
789.09
909.02 1,075.98 1,184.58
Head Messenger
622.62
639.25
Outbound Telephone Advertising Salesperson
643.08
713.00
806.21
923.64
35
Outbound Telephone Advertising Salesperson
(New Hire) 524.05 545.89 567.74 589.56
Outside Advertising Salesperson/Digital 987.63 1,034.66 1,081.69 1,128.72
Outside Advertising Salesperson 725.00 800.00 850.00 925.00 1,000.00
Outside Advertising Sales Supervisors 1,125.00 1,175.00
Outside Advertising Sales Supervisors/Digital 1,271.25
Production Coordinator 553.16 617.23 687.09 756.96
Publication Design And Layout 737.91 853.31 987.76 1,163.56 1,273.27
Sales Coordinator 553.16 617.23 687.09 756.96
Sales Coordinator Internet 553.16 617.23 687.09 756.96
Sales Support Supervisor 1,059.80
1,184.58
Sales Support Supervisor (New)
742.09
857.55
968.20
Senior Analysts Optimization
877.29
931.55
994.86
Senior Copywriter Print and Interactive 1,138.12
1,246.09 1,349.76
Senior Designer 1,138.13
1,246.30 1,349.76
Systems Coordinator
973.15
1,043.26
Telephone Advertising Sales Supervisors 1,184.58
Telephone Advertising Salesperson 740.55 821.08 928.41 1,063.65
36
Telephone Advertising Salesperson (New Hire) 608.59 636.25 676.25 691.57
BUILDING / ADMINISTRATIVE SERVICES DEPARTMENT
Assistant Foreman: Building And Maintenance
667.06
Assistant Foreman: Protective Services
683.04
Buyer, Post Office Supervisor
660.80
772.43
931.99 1,007.11
Facilities Assistant
717.61
Communications Administrator
822.66
Custodian/Receiver
431.71
527.64
623.55
Protective Services
441.29
530.82
639.54
Telephone Operators
422.10
498.85
575.59
CIRCULATION DEPARTMENT
Home Delivery/Return Room Supervisor
660.80
772.43
931.99 1,007.11
Outside Circulation Sales
885.99
1,048.99 1,096.57 1,215.34 1,296.91
Returns Processor
389.26
437.83
480.87
Single Copy Sales Supervisor
772.43
931.99 1,007.11 1,049.70 1,091.77
EDITORIAL DEPARTMENT
Assistant Chief Photographer 1,256.85
1,367.75
Assistant Librarians 1,211.06
37
Assistant Living Arts Editor 1,334.84
1,473.73
Assistant Magazine Editor 1,334.84
1,473.73
Assistant Metro Editor 1,334.84
1,473.73
Assistant National Foreign Editor 1,334.84
1,473.73
Assistant Night Editor 1,334.84
1,473.73
Assistant Sports Editor 1,334.84
1,473.73
Assistant Sunday Editor 1,211.06 1,333.42
Assistant: Business Editor 1,334.84
1,473.73
Book Editor 1,334.84
1,473.16
Calendar Editor 1,029.87
1,142.93 1,274.04 1,419.27
Cartoonists 1,334.13
1,436.45
Chief Editorial Writer 1,334.84
1,473.16
Chief Imaging Technician 1,071.76
1,110.22
Columnists 1,328.41
1,430.72
Content Producer 723.54 795.89 868.25 940.60 1,012.95 1,094.35
Copy Editors
791.88
1,017.81 1,103.72 1,223.22 1,352.74
Editorial Design Supervisors 1,353.04
1,493.62
38
Editorial Designers
830.56
969.26 1,155.92 1,283.46 1,392.67
Editorial Writers 1,328.41
1,430.72
Imaging Technician
765.63
772.43
931.99 1,007.11 1,047.76
Layout, Makeup, Slot Editor 1,305.50
1,446.08
Library – Data Base Managers
884.78
928.40 1,020.74 1,098.71
Library Associates
786.26
885.63
970.85 1,035.01
Living Page Assistant
637.05
805.72
899.08
Multimedia Producer 1,085.31 1,175.75
Photo Editor 1,241.11
1,380.65
Photo Graphics Producer
651.18
723.54
795.89
868.25
940.60 1012.95
Photographers
778.14
908.09 1,082.97 1,202.47 1,304.79
Production Editor 1,334.84
1,473.73
Reporters
778.14
908.09 1,082.97 1,202.47 1,304.79
Senior Content Producer 1,139.57 1,193.84 1,240.87
Senior Multimedia Producer 1,213.37 1,266.19 1,313.22
Sports Desk Statistician
779.88
1,005.80 1,115.71
Travel Editor 1,029.87
1,142.93 1,274.04 1,386.36
39
Web Intern 448.31
Zone Reporters
688.54
755.84
807.62
854.22
INFORMATION TECHNOLOGY DEPARTMENT
Senior Systems Analysts 1,189.23
1,217.83
Senior Computer Operator/Business/Publishing
Systems
703.51
767.47
PROMOTION / MARKETING RESEACH DEPARTMENT
Community Relations Associate
792.58
906.94 1,017.31 1,097.09 1,208.91
Community Relations Assistant
660.80
772.43
931.99 1,007.11
Research Associate
792.54
906.94 1,017.31 1,097.09 1,208.91
Public Affairs Associate
792.54
906.94 1,017.31 1,097.09 1,208.91
Marketing Research Assistant
660.80
772.43
931.99 1,007.11
ALL DEPARTMENTS
Student Employees (Other Than Interns)
450.22
602.48
Clerks
447.68
511.64
575.59
639.54
Messengers
383.74
415.70
447.68
Office Secretaries
511.64
575.59
639.54
EXECUTIVE SECRETARIES
Subject to Exclusion of up to 14 as Exempt
703.51
767.47
40
INACTIVE JOB CLASSIFICATIONS as of JANUARY 1, 2011
(Wage rates for these positions can be found in the 2006 – 2009 contract)
Accounts Payable/Receivable/Credit Supervisors
Advertising Clerk Mechanical Payroll Supervisor
Advertising Messengers Metropolitan Production Editor
Assistant Cashier
National/Foreign Production
Editor
Assistant Credit Manager NIE Assistant
Assistant Systems Editor NIE Associate
Assistant: Book Editor Nurses
Business Production Editor
Operations
Supervisor
Campus Sales Supervisor Production Assistant
Circulation Accounting Co-Coordinator Programmer/Analyst
Circulation/Home Delivery/Subscription Clerks Public Affairs Associate
City Room Clerk Research Assistant/Editorial
Classified Paginator Research Editor
Computer Operator/Business/Publishing
Systems Route Cashier
Credit Co-Coordinator Sales Promotion Associate
Data Entry Operators Senior Statistical
Data Entry Supervisor Special Projects Salesperson
Data Processing Clerks Special Sections Editor
Disbursements Specialists Specialists
Foremen: Building And Maintenance (Not Shift Foreman) Sports Plus Editor
Foremen: Protective Services (Not Shift
Foreman) Sports Production Editor
Head Editorial Makeup Statistical
Head of Tour Guides System Assistant
Heads Of Art Production Systems Analyst
Laboratory Technicians Tel Adv Sales Dept Super-Train/Comm
Library Assistant Zones Production Editor
Living Arts Production Editor
41
ARTICLE VI A
FRINGE BENEFITS
1. Meal Allowance
Any bargaining unit employee on post-shift or pre-shift overtime (whether or not such shift is
a regularly scheduled shift) during meal time outside of his/her regular office – but without
lodging – shall receive a meal allowance of $20 per meal.
2. Shift Differentials
Bargaining unit employees whose starting time is after 9p.m. and before 5a.m. shall receive
twelve dollars ($12.00 per day (or fifteen dollars ($15.00) per day for approved four-day
work week employees) above the scale of their classification. Employees whose starting
time is between 1p.m. and 9p.m. shall receive ten dollars ($10.00) per day (or twelve dollars
and fifty cents ($12.50) per day for approved four-day workweek employees) above the scale
of their classification.
3. Road Per Diem
All sports and national/foreign writers on out-of-town assignments will be paid a differential
of twenty dollars ($20) per 24-hour period away from the office.
4. Expense Reimbursements
The Employer shall reimburse the employees for all legitimate expenses incurred in the
service of the Employer in accordance with the current company policy, a copy of which is
available in the payroll office.
The Employer shall compensate the employee for automobiles only on office assignment at
the current IRS approved rate per mile with a minimum of twenty (20) cents per mile up to a
maximum of fifty cents per mile when such use of the automobile is authorized by the
Employer.
Expense vouchers should be submitted to department heads weekly before 11 a.m. on the
Monday after the expenses have been incurred, unless circumstances make it impossible. In
such cases, such vouchers shall be submitted within thirty (30) calendar days.
5. Tuition Reimbursement
When the Employer requires that a course or courses be taken to assist employees with
advancement, the Employer will pay all expenses in advance.
6. Resignation Bonus
An employee who is eligible for a Resignation Bonus pursuant to the terms of Article VIA,
Section 6 of the 1991-1994 collective bargaining agreement will be entitled to such bonus
based on accrued service as of March 31, 1996 at the time of his/her resignation or
retirement. Thereafter, current eligible employees shall not accrue any additional weeks of
entitlement. Employees with less than ten (10) years of service as of March 31, 1996 shall be
eligible for such frozen accrued Resignation Bonus based on one (1) week for each year of
42
service up to nine (9) years. Such frozen accrued service resignation bonus, when it is paid,
shall be paid at the then current weekly rate of eligible employees. Employees hired after
January 1, 1995 shall not be entitled to any resignation bonus. This paragraph is not subject
to renegotiations in successor collective bargaining negotiations.
However, an employee discharged for gross neglect of duty, for serious misconduct, or for
non-compliance with Article X, Section 4 (Union Shop) shall not be entitled to any
resignation bonus but shall be entitled to receive written notice of the reason for his/her
discharge if the employee so requests under provisions of Article III, Section 3 (Discharge
and Disciplinary Procedures).
The Resignation Bonus schedule for eligible employees (i.e. those hired before January 1,
1995) is shown in exhibit D.
6A. 401(a) and (k) Plans
All bargaining unit employees are eligible to contribute to the Boston Newspaper
Guild/Boston Globe Employee Savings Plan, a jointly trusteed plan established and
administered pursuant to Section 401(k) of the Internal Revenue Code.
7. Severance Pay
An employee laid off under the terms of Article III, Section 1, is entitled to receive severance
pay in accordance with the schedule set forth in that article.
7A.“Week’s Earnings” Term of Service
The term “week’s earnings” used in the foregoing schedule shall be the highest regular
weekly wage received by an employee during the six (6) months immediately preceding
his/her termination of employment.
Leaves of absence shall not be treated as termination of employment in the matter of
computing severance pay. But such leaves of absence periods, if more than one year in
duration each, shall not be considered as part of the employee’s term of service except
employees referred to in Article V, Section 9 (Military Service) or as provided in Article V,
Section 16 (Unpaid Leaves of Absence).
8. Life Insurance/Health Insurance/Long-Term Disability
8A. Retiree Life Insurance Benefit
Employees who retired before July 19, 2009 will continue to be eligible for the retired
employee life insurance benefit of $5000.
8B. Active Employees Life Insurance Benefit
Employees will be offered the option of purchasing supplemental life insurance at their own
expense, at group rates, with a value up to five (5) times salary. All employees will be able
to purchase up to two (2) times salary, or $100,000 (whichever is less) regardless of health
condition.
43
8C. Business Travel/Accident Life Insurance
A bargaining unit employee, traveling on business for the Employer, who is killed as the
result of an accident while traveling will receive a death benefit as follows: 1) a full time
employee will receive $300,000; 2) a regular part time employee with 10 or more years of
service will receive $200,000; and 3) a regular part time employee with at least five years of
service but less than 10 years will receive $150,000.
8D. Health Insurance (through December 31, 2011)
1. The Employer will offer a plan qualified as a health insurance premium deduction plan
under Section 125 of the Internal Revenue Code of 1986, as amended (the “Globe/BNG
Health Premium Plan” and “Tax Code,” respectively). The purpose of the Globe/BNG
Health Premium Plan will be to enable participants to elect annually to contribute their
portion of their health insurance premiums so such payments are excludable from the
participants’ gross income under Section 125 of the Tax Code. Contributions made by
participants under the Globe/BNG Health Premium Plan will not affect participants’
overtime pay and will not affect the computation of participants’ gross salary for the
purpose of computing life insurance, disability or pension benefits. Bargaining unit
employees may, in the alternative, elect after-tax salary deductions.
Pursuant to Section 302(c)(5) of the Taft-Hartley Act, the parties have established a
jointly administered trust fund as a voluntary employees’ beneficiary association under
Section 501c(9) of the Tax Code to provide covered employees and their dependents with
health care benefits (“The Globe/BNG Taft-Hartley Fund”) under the following general
terms and conditions. The establishment of this jointly administered trust fund and the
provisions in this Section 8E supersede the terms of the parties’ 1990 BNG Cost
Containment Memorandum of Agreement for the BNG Health Plan so that agreement is
null and void.
2. a) The Globe will have prepared for the Union’s review and approval all the necessary
legal documentation required for implementation and will absorb all initial legal and
other costs associated with the start-up of such Globe/BNG Taft-Hartley Fund:
b) Both the Globe and the Union will appoint three (3) trustees each to be responsible
for the administration of the Globe/BNG Taft-Hartley Fund;
c) The Globe will provide the Globe/BNG Taft-Hartley Fund with a fund administrator
through the Globe’s Benefits Department, at no cost to the Fund. In the alternative,
the trustees may hire an outside administrator, in which case, the Fund shall be
responsible for all costs associated with and paid to the outside administrator.
d) The Globe contributions to the Globe/BNG Taft-Hartley Fund will be:
1) those provided for under the parties’ prior collective bargaining agreements which
include;
a) $19,102 per month;
b ) $225,000 annually from the 1984 wage freeze (pro-rated monthly) and
44
2) those provided for in Section III(A) of the 1993 Supplemental Agreement as modified
in July, 2009 which is $652,000, paid in equal monthly installments of $54,333.33;
3) $1,600,000, payable to the Fund in equal monthly installments of $133,333.33 from
the parties’ 2001-2005 collective bargaining agreement;
4) Effective January 1, 2008 and each year thereafter, an annualized payment of $50,000
(payable in equal monthly installments of $4,166.67); and
5) $17,333 per month from the pension fund diversion
It is understood and agreed that all monies paid directly by the Globe under this Section into
the parties’ Taft Hartley Trust Fund (excluding the $17,333 per month pension fund
diversion) will be credited as employer contributions for the purpose of any such employer
contributions required under national health insurance legislation except as modified by the
December 15, 1993 side letter re: national health insurance legislation attached to this
agreement.
e) The Globe/BNG Taft-Hartley Fund will receive bargaining unit employee
contributions through payroll deductions as established from time to time by the fund
trustees. It is agreed that these bargaining unit employee contributions will always be
established at levels sufficient, together with the contractually negotiated employer
contributions, to maintain adequate actual funds to pay for the level of benefits and
any appropriate reserves as determined by the trustees.
f) The Globe/BNG Taft-Hartley Fund trustees will be responsible for matters including,
but not limited to, establishing the appropriate level and kind of benefits to be offered
and the determination of the necessary premiums to be contributed by participating
bargaining unit employees. They will also be responsible for recommending changes
in health insurance carriers. However, any change made in health insurance carriers,
as recommended by the trustees, must be approved by the BNG membership and the
Globe. Any dispute between the trustees and the BNG or the Globe shall be resolved
pursuant to the arbitration provisions in Section (g) below.
g) Any disputes arising under the Globe/BNG Taft-Hartley Fund will be subject to
arbitration. If the trustees cannot agree upon an arbitrator, the arbitration will then be
conducted pursuant to the Voluntary Rules of Labor Arbitration of the American
Arbitration Association.
3. For all employees hired after August 1, 1990, the Employer reserves the right to
terminate, amend or modify its current policy of providing lifetime company-paid health
insurance to employees who retire within three (3) years of their normal retirement date
or thereafter. Effective July 19, 2009 company paid post age 65 retiree health insurance
for employees hired before August 1, 1990 shall be eliminated for such employees who
retire after ratification. The practice of providing early retiree health insurance for
employees hired before August 1, 1990 remains unchanged.
4. Spousal equivalents will be covered under the Taft-Hartley Health Fund for the purpose
of all health and dental insurance benefits. The trustees of the Health Fund will
determine specific provisions for eligibility, coverage and implementation of benefits.
45
8E. Health Insurance [effective January 1, 2012}
(1) Effective January 1, 2012, full- time and part- time employees who are regularly
scheduled to work at least 22.5 hours per week, as measured over the prior calendar year,
will be eligible to and can participate in the New York Times Flexible Benefits Plan (the
“Plan”) for medical, dental and vision coverage. The Plan may be amended at any time
in the sole discretion of the New York Times ERISA Committee (including, by way of
example and not limitation, changes in approved providers, eligibility effective dates,
available benefits, required premiums, deductibles, or co-payments, or other aspects of
plan design); provided, however, that such changes are also applied in equal measure to
Globe non-union employees. Participating full-time employees will pay 25% of the
monthly premium and part- time employees 38%, through payroll deduction.
(2) The New York Times Flexible Benefits Plan will replace the Section 302(c)(5) Taft
Hartley Fund that is described above in this section, effective January 1, 2012.
Accordingly, all Globe contributions currently made to the Fund as described in
subsection (d) will no longer be contributed to the Fund after December 31, 2011, and
will be retained by the Globe to defray its cost of providing the benefits under the Plan.
The Globe and the Union shall jointly direct the Trustees of the Fund to take all necessary
legal and other administrative steps for an orderly wind-down of the Fund effective as
soon after January 1, 2012 as is feasible. All such costs shall be borne by the Fund.
(3) Further, the parties acknowledge that the subsection (d) contributions made by the
Globe during 2011 are likely to be in excess of those needed to fund the Plan’s
contributions to medical and dental premium costs and the administrative costs of winddown.
The Globe will continue to make its monthly contributions at the currently
required rate only until such time as the Fund Administrator determines that sufficient
funds have been contributed to fully fund the foregoing Fund expenses. Should the Fund
require additional contributions thereafter in 2011, the Globe shall resume its
contributions, up to a maximum of the amount specified in subsection (d).
After the Fund’s closure in 2012, the parties shall meet to determine whether the Globe
contributed less to the Fund in 2011 than would have been required under subsection (d).
Any such shortfall shall be used for the benefit of bargaining unit employees, as the
parties subsequently may agree. If the parties cannot agree after a reasonable period of
discussion, all issues regarding use of such shortfall shall be submitted to final and
binding arbitration pursuant to the rules of the American Arbitration Association.
(4) The Globe agrees that in the event that (a) the New York Times Flexible Benefit Plan
(the “Plan”) is displaced by state or federal health insurance legislation, in which either
the Globe is required to participate or the Globe and the Union agree to participate, and
(b) the amount charged to the Globe by the Plan as of January 1, 2012 for BNG
bargaining unit members’ participation in the Plan exceed that which is required to be
paid under such legislation (either by way of percentage or flat dollar amount) that the
Union may opt to either (a) to the extent permitted by such legislation, have such excess
monies be credited to BNG employee contributions required by such legislation, or be
used to purchase supplemental health insurance (i.e., a benefit package more favorable
than that established under such health insurance); or (b) divert such excess quid pro quo
46
monies for some other BNG non-wage benefit purpose (except redivsersion into the BNG
Pension Fund).
(5) On an annual basis, the Globe will supply on request from the Union sufficient
financial information to verify the Globe’s compliance with all calculations and terms
required by this provision.
(6) The parties agree that in the event the Globe sells, transfers, or assigns its interest or
ownership to a successor employer, the amount charged to the Globe by the Plan as of
January 1, 2012 for BNG bargaining unit members’ participation in the Plan shall be
continued as an obligation of the successor and shall be used for the sole benefit of BNG
bargaining unit members as determined by the BNG.
8F.Long-Term Disability Benefits
The monthly “LTD” plan provides 60% of monthly pay up to a maximum benefit of $2,500
per month. Employees on long-term disability will receive an annual increase in their benefit
amount of 3%. The elimination (waiting) period is 45 calendar days. Effective date of
signing, pursuant to Section III D of the Supplemental Agreement, LTD will be increased to
a maximum of $5,000 per month.
9. Benefit Review
The Benefits Department will provide each employee with information concerning the
benefits on an annual basis.
10.Financial Planning
Upon notification by a full-time employee that he/she will retire within two years, the
company will provide financial counseling services to the employee.
11.In-house Photographers/Darkroom Technicians
If an in-house photographer/darkroom technician is assigned to take a picture off-premises of
the Globe, he/she will be paid as a photographer according to provisions of Article IV,
Section 13 (Inter-classification Fill In).
12.Photo Use
A. The Company reserves the right to use Globe photographs in present or future business
undertakings by the Globe, Affiliated Publications or present and future subsidiaries of
either, involving the syndication, barter or sale of those photographs without further
remuneration to its photographers.
B. Effective April 4, 1999, one time salary adjustments were made for photographers and
photo technicians in exchange for elimination of the past practice in which such
employees shared in the re-sale revenue from their photographs. This salary adjustment
was made only to those named full time and regular part time photographers and
technicians employed as of December 31, 1997 and will be maintained as part of salary
for as long as each of those employees remain in a Photo Department bargaining unit
47
position. All photographers and technicians hired after that date shall not be eligible for
these additional payments.
13.Expense Allowances
Reporters, photographers and advertising and circulation salespeople who use their
automobiles regularly must have business insurance for which they shall be reimbursed a
minimum of $200 within fourteen (14) days of submitting their insurance bill to the payroll
department.
14.Dependent Care Before-Tax Salary Reduction Plan
The Employer agrees to continue to provide a plan qualified as a dependent care assistance
plan under Section 129 of the Internal Revenue Code of 1986, as amended. Payments made
to or on behalf of participants under the Plan will not affect participants’ regular rate of pay
for the purpose of computing overtime pay and will not affect the computation of
participants’ gross salary for the purpose of computing life insurance, disability or pension
benefits. It will be the responsibility of participants to comply with applicable federal and
state regulations and Plan provisions.
15.Health Care Reimbursement Account Plan
The Globe provides a health care reimbursement account plan consistent with the Internal
Revenue Code of 1986, as amended. All full time employees will be eligible to participate in
this plan up to a maximum contribution level of $5,000 per year. Part time employees, with
10 or more years of service with at least 1,000 hours of service in the prior year will be
eligible to participate in the plan up to a maximum of $3,500 per year; those part time
employees with 5 or more years of service with at least 1,000 hours of service in the prior
year, will be eligible to participate in this plan up to a maximum contribution level of $2,500
per year. Once eligible for the plan, a part time employee will remain eligible to participate
in subsequent years provided he/she has no break in service.
ARTICLE VII
MISCELLANEOUS PROVISIONS
1. Outside Activities
Any employee shall be free to engage in any paid or unpaid activities outside of working
hours that:
a) neither detract from nor interfere with the employee’s Globe duties; nor
b) impair the credibility or integrity of the Globe; nor
c) are detrimental to the Globe’s competitive position.
Any employee contemplating an outside activity must inform the Publisher or his/her
designee in writing in advance. The Publisher or his/her designee reserves the right to object
to an activity based on the three standards listed above, but will not exercise this right in an
unreasonable manner. Objections, if any, will be made promptly.
48
If the Employer objects to an activity, the employee and a Union representative may meet
with the Publisher or his/her designee to resolve the matter. If the issue remains unresolved,
the Union may submit a grievance to expedited arbitration as provided in Article XI
(Grievance and Arbitration).
2. Dangerous Conditions
No bargaining unit employee covered by the terms of this agreement shall be required to
perform work under conditions which clearly represent a threat to his/her life or safety,
including, but not limited to riots and civil disorders. Bargaining unit employee must notify
their appropriate supervisor as soon as practical when, in the employee’s judgment, such
conditions exist. Any bargaining unit employee who exercises his/her rights under this
provision shall not be discriminated against or penalized in any way, and provided, further,
any bargaining unit employee who elects to perform his/her duties in dangerous conditions,
notwithstanding this provision, shall be fully protected and insured under all related
Employer travel and accident plans, and it shall not be construed as a waiver of any legal
rights or benefits. In addition, the employee will be protected against any personal loss
resulting from such dangerous conditions as long as he/she has complied with the stated
company policy attached to this agreement concerning such matters.
No bargaining unit employee will be required to travel by air on private unscheduled aircraft
when an employee has a personal negative attitude to that type of flying.
3. Legal Assistance
When a request is made by a federal, state, county or municipal court, grand jury, agency,
department, commission or legislative body for the production or disclosure of confidential
information of confidential news sources utilized by any reporter, photographer, editor,
writer, correspondent or any other person employed by, and directly engaged in the gathering
of news for the Employer, and when such employee has notified the Employer of such
request the Employer will arrange for immediate legal representation at its expense for the
employee. The choice of representation shall be mutually agreed upon by the Employer and
the employee.
An employee so represented shall not suffer any loss of pay or other benefits and shall further
be made whole to the extent permitted by law against any fines or damages levied by any
final judgment or decision in the action.
4. Use of Employee’s Name
A bargaining unit employee whose name is used in a letter to the editor, ombudsman article,
paid political ad or any story relating to the employee’s Globe duties in which his/her name is
used by another writer appearing in the Globe, will be notified in advance of publication.
Any bargaining unit employee whose by-line is used on a story whose content has been
substantially altered will also be notified in advance of publication and will have the option
of deleting his/her by-line, upon specific request.
5. Transfer to Another City/Country
No employee shall be transferred to regular full-time employment in another city outside the
Boston metropolitan area (thirty [30] mile radius of State House) from the employer’s Boston
49
location only without his/her consent. In the event of such transfer, the employee shall be
reimbursed for legitimate transportation and moving expenses for himself/herself and family.
Employees may be transferred to Boston without his/her consent. The employer will confer
with an employee prior to making such change. In the event of such transfer, the employee
shall be reimbursed for legitimate transportation and moving expenses for himself/herself
and family.
In addition, it is the intent of this agreement to provide employees transferred to another city,
including locations outside of the United States, with supplementary payments or to make
other arrangements in order to adjust his/her salary and/or benefits to reflect circumstances
different from those in effect in Boston, including difference in the cost of living. Such
payments or other arrangements are intended to insure that the employee is made whole by
maintaining the employee’s effective total compensation comparable to that in Boston.
A copy of the company policy relating to the above is available in the personnel department.
Benefits itemized in the company policy at the time of the employee’s assignment abroad
will not be reduced during his/her term abroad. The Union will be advised of any revision in
the company policy.
6. Personnel Files/Access
The personnel director will maintain confidential personnel files for bargaining unit
employees which will include, where applicable, written employee evaluations, written
warnings, employment application, resume, written recommendations and any other material
pertinent to the employee’s work performance. This will be the only official personnel file
maintained and only the employee and his/her department head will have access to it. The
contents of his/her file will be made available to each employee within a reasonable period of
time upon request. The employee may submit for inclusion in his/her file any response or
comment to documents included therein at any time.
7. Employee Performance Evaluation
Every employee covered by this contract will be reviewed on or about the anniversary date of
his/her employment by his/her department head or supervisor relative to work performance,
and will be informed in writing, with signature and copy provided to employee, and the
Union president, by his/her department head or supervisor in a personal interview of his/her
current status.
The employer and the Union will agree to a basic performance evaluation review format
covering all employees; however, a joint Globe-BNG committee will develop proposed
individual departmental formats. Each department will have one representative each
(Company and Union) to the Joint Committee. After 60 days if the Committee cannot agree
on the individual format, the Globe may then implement the proposed format. The BNG
retains the right to grieve any such new evaluation format based on whether the criteria used
are fair and reasonable. The Article XI, Section 2(D) sixty (60) day filing period for
grievances will be extended to allow the Union to timely file a grievance relative to the
implementation of a new evaluation format provided the grievance is filed within six (6)
months of the implementation.
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8. One Year Internship Evaluation
The Employer and the Union agree that a one-year internship program will be maintained.
Written evaluations will be prepared and discussed on a regular basis with each intern, (30
days, 60 days, 90 days, 6 months, 10 months) during his/her term as an intern. Copies of
such written evaluations will be provided to the employee and the Union and included in the
intern’s personnel file.
9. Ancillary Duties
Bargaining unit employees in the Editorial Department may be required as part of their assigned
duties to perform work that has not historically been part of their job classification (”ancillary
duties”). Such work may include, but not be limited to, reporters taking photographs or
photographers obtaining audio or other written materials in conjunction with their work. This
flexibility is not intended to diminish the Globe’s ongoing need for professionally trained and
experienced photographers whose primary duty will continue to be taking photographs for the
newspaper and other multimedia platforms. No editorial department employee will be evaluated on
or disciplined for the quality of his/her performance of ancillary duties which are not part of the
employee’s job classification; provided, however that such employees may be evaluated and
disciplined for failure to report facts accurately. Employees will be expected to carry out such
ancillary duties with a reasonable degree of competence. The Globe will provide employees
assigned ancillary duties with the necessary training and equipment to perform them. In cases of
foreign assignments only, reporters who act as photographers and/or photographers who act as
reporters will be paid additional compensation.
10.Photography Work
All photography work must be routed through the director of photography or his/her
assistants and in all cases, when possible, he/she will assign the work to Globe
photographers.
11. Free Lance Photography
Free lance photography shall be used with discretion.
12. Free Lance Work for the Globe
Articles, book reviews, travel pieces, food pieces, photographs and art work, prepared
without assignment on the bargaining unit employee’s own initiative and off-duty time may
be purchased at rates mutually agreeable to the editor and the bargaining unit employee. Any
member of the Union is free to submit travel pieces and photos which may be purchased
together or separately at mutually agreed rates by the travel section.
13.Stock Purchase Plan
If an employee stock purchase plan is offered, the Employer agrees that payment may be
made by payroll deduction.
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14.Bonding
The Employer will provide appropriate bonding for any bargaining unit employee required to
handle money.
15.Sales Commission Plans
The advertising department will maintain commission/incentive plans for all the advertising
departments for the life of this agreement.
If advertising is sold by Globe employees in combination with the Globe and another
medium, the employee shall receive in addition to his/her salary, a mutually agreeable
commission on the proceeds of the outside sale.
The circulation department shall maintain commission/ incentive plans for the sales staff for
the life of this agreement.
Bargaining unit employees covered by commission/incentive plans will be notified one week
in advance of a new category of commissions and two weeks before a commission plan is
eliminated.
16.Editorial/Flexible Assignments
Bargaining unit employees classified as either “Layout/Make-up/Slot” or “Copy Editor” may
be transferred from their customary desk assignment to another desk either during a shift or
for an entire shift, as determined by the employer to meet its needs. In cases of such transfer,
employees will only be assigned to work consistent with their respective classifications. Such
transfers, where possible, will be done by volunteers first and then by inverse bargaining unit
seniority, subject to the needs of the newspaper for special knowledge or expertise for
employees classified as Layout/Makeup/Slot only, as determined by the editor or his
representative. The employer will exercise its discretion in a reasonable manner. No
employee shall have his/her shift or days off changed as a result of such transfers.
17. New England Media Group Assignments
Bargaining unit employees in the Editorial Department may be required as part of their
assigned duties to perform editorial department work for any entity which is part of the New
England Media Group (or its successor; subject, however to the understanding that any such
work for the Worcester T & G shall be subject to limitations, if any, in the collective
bargaining agreement covering the Worcester editorial department employees). Time spent
on these multimedia platform duties will be considered in any evaluation of an employee’s
productivity and will be subject to the provisions of Article IV, “Hours of Work and
Overtime”. The Globe will provide employees assigned multimedia platform duties with the
necessary training and equipment to perform them. This provision does not cover work
performed for New England Sports Network (“NESN”) which will continue to be governed
by the parties’ separate agreement relative to such work. Online communication by editorial
department employees, including but not limited to Web log (blog), forum or electronic
bulletin board postings, which are made to a Globe-affiliated web site over which the Globe
extends editorial control and to which the employee posts as part of the employee’s assigned
job duties, shall be subject to the same practice with regard to indemnification against claims
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of libel as print communications as may be in effect at the time of the claim. This practice
will not extend to postings to blogs or web sites unaffiliated with the Globe.
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.
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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:
(a) the type and purpose thereof;
(b) 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. This
notification shall satisfy the notice requirement in Article III, Section 1(A),
including that required to employees.
(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. Bargaining
unit employees who accept the voluntary buyout offer will be required to sign a standard
release of all claims against the Globe and Union in order to receive the benefits listed
below.
(a) The benefits offered to full time employees shall be as follows:
(i) 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
(ii) 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 will be paid to full time employees in cases of
subcontracting and in cases of new technology will be paid only to those
employees as of December 1, 2010 with twenty (20) or more years of
bargaining unit seniority who do not have a job guarantee; plus
(iii) continuation of health insurance through the parties’ Taft Hartley Fund (if
currently in the Fund), (or, effective January 1, 2012, through the New
York Times Company Flexible Benefits Plan with the Globe paying the
full cost 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
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coverage; and (iii) full time employees with 10 or more years of service = 8
months coverage.
(iv) full-time employees with prior part-time service will have their part-time
service included in the calculation of benefits.
(b) The benefits offered to part time employees shall be as follows:
(i) Part time employees with 10 or more years of service of at least 600 hours
will be eligible for 6 months base pay plus continuation of health insurance
coverage (if currently in the Plan) for 6 months, with the Globe paying the
full cost of the premium to the Fund..
(ii) Part time employees with at least 5 but less than 10 years of service of at
least 600 hours 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.
(iii) Part time employees with at least 5 but less than 10 years of service who fail
to meet the 600 hour threshold in at least five (5) years will be eligible for two
(2) months’ base pay plus continuation of health insurance coverage (if
currently on the Plan for two (2) months pursuant to paragraph (i) above.
(iv) Part time employees with less than 5 years of service of 600 hours will be
eligible to receive 4 weeks actual notice (or one week of base pay for each
week in lieu of actual notice) plus 1 week’s base pay for each year of service.
Part-time employees with prior full-time service will have their full-time service
included in the calculation of benefits.
(c) For purposes of this section, “base pay” will be based on the average number of hours
worked weekly plus any commissions/incentives averaged over the 24 months
preceding the buyout offer.
(d) 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.
(e) 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.
(f) 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.
(g) 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,
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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 or new job in no more than thirty (30 calendar days shall be trained by the Globe at its
expense. 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 (or 90 days for an employee
who required 30 days of training) whether a bargaining unit employee, who was deemed
transferable is not qualified to perform the job, subsection 13 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.
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(9) Bargaining unit employees who are transferred to a vacant or new job shall be paid at
the experience level nearest in pay to their current pay, provided that pay will be at least 80
percent of their current 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 4 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, Sections 1G and J (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.
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(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.
ARTICLE IX
RETIREMENT
1. Agreement
Under an agreement between the Globe Newspaper Company and The Boston Globe
Employees Association, a retirement plan (the “Retirement Plan” became effective January 1,
1954 and was amended, from time to time thereafter. This plan was frozen in 2009 and no
further benefits accrued to participants in the defined benefit pension plan, nor does the
Globe now offer a pension plan to Guild employees. Notwithstanding the freeze of the BNG
Retirement Plan, the parties agree that the Plan is and shall remain a defined benefit pension
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plan and is subject to minimum funding requirements for such plans in any plan year. The
company will maintain the minimum funding required by law, as determined by the Plans
actuaries.
2. Benefits
a. The maximum pension benefit is based on 55 percent of straight-time salary averaged over 104
consecutive weeks of highest compensation with a cap of $65,000 on that average.
b. Commissions will be included for purpose of pension calculations for the following categories of
employees only to a maximum combined salary and commission of $54,000: Outbound
Telephone Advertising Salespersons, Inside Telephone Advertising Salespersons, Special
Projects Group and Special Incentive Salespersons.
3. 401 (K) Plan
The Employer offers and administers a 401 (K) Plan for all members of the Union.
ARTICLE X
UNION SECURITY
1. Sole Bargaining Agent
A. The Union shall be the sole bargaining agent in matters of wages and hours and
conditions of work for all employees in this bargaining unit.
B. The Union and its officers will organize and operate according to all provisions of
applicable laws. The Employer further agrees that the spirit as well as the letter of this
provision and Article II, Section 3A (Discrimination), is to be observed so that the
relationship between the parties may develop constructively.
2. Union Shop
All present bargaining unit employees, who are members of the Union on the effective date
of the execution of this agreement, shall remain members of the Union in good standing as a
condition of employment. All bargaining unit employees covered by this agreement who are
hired on or after its effective date shall become and remain members in good standing in the
Union as a condition of employment on the thirty-first day following the beginning of such
employment. A bargaining unit employee who has failed to acquire, or thereafter maintain
membership in the Union as herein provided shall be terminated seventy-two (72) hours after
the Employer has received written notice from an authorized representative of the Union,
certifying that membership has been, and is continuing to be, offered to such bargaining unit
employee on the same basis as all other members and, further, that the bargaining unit
employee has had notice and opportunity to make all dues payments to the Union. The
Union shall admit to membership any bargaining unit employee applying for it, upon
payment of Union dues. The Employer agrees that he will not pay the Union dues for any
bargaining unit employee.
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3. Dues Checkoff
Upon receipt of a bargaining unit employee’s authorization, the Employer shall deduct all
dues and assessments lawfully levied by the Union from the salary of each bargaining unit
employee once a week and forward these deducted amounts to the Union. Union dues as
decided by the Union, shall be paid by all bargaining unit employees covered by this
agreement. The following form shall be used to initiate dues checkoff:
BOSTON NEWSPAPER GUILD LOCAL 31245
DUES DEDUCTION AUTHORIZATION
Date……………………
TO: The Globe Newspaper Company
I hereby authorize the Globe Newspaper Company to deduct on my behalf and pay to the
order of the BOSTON NEWSPAPER GUILD LOCAL 31245 an amount equal to the
Union’s regular dues, as determined by the BNG.
Name_____________________________________________
Signature__________________________________________
Dept._______________________ Employee No.__________
Address___________________________________________
City _____________________ State _____Zip____________
Home Phone No. ________________Dept. Phone__________
Social Security Number_______________________________
4. Checkoff on Renewal of Employment
Bargaining unit employees, rehired or returning to work after an absence, or Exemptions to
Article VI, who previously have properly executed an authorization for deductions form, will
have deductions made beginning their first week on the payroll.
5. Information to the Union
A. Original Data
The Employer shall forward to the Union in writing, as well as on a computer diskette in an
electronic format mutually agreed upon, the following information on all employees in the
bargaining unit: name, address, telephone number, birth date, sex, race, social security
number, salary, job title, department, geographic location of workplace, employment date,
regular schedule of work, whether full-time, part-time or temporary and if temporary the
reason for such a designation. The presentation schedule of this information shall be upon
written request of the Union president to the Globe Newspaper Company treasurer. The
Employer shall present the Union with the updated information and current salary data. This
information can be requested twice a year, on dates selected by the Union. The Employer
has thirty (30) days to prepare said information.
In addition, the names of all new bargaining unit employees shall be forwarded to the Union
weekly, including the above data.
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B. Changes in Status
Changes in bargaining unit employee status shall be promptly forwarded to the Union on a
weekly basis in writing by name, effective date and type of change, salary before and after a
salary change, and the reason for a change.
The Union will also be notified in writing prior to the hiring of new employees. The
Employer will give the Union written notice of the hiring and termination of all part-time
employees covered by this Agreement.
C. Other Data
Requests by the Union for specific records on vacations, holidays, overtime, sick time
(including disability), leaves, tuition reimbursement and outside activities shall be granted.
D. Exempt Employees
The Employer agrees to inform the Union of changes of status of an employee entering or
being promoted out of the bargaining unit prior to the person assuming his/her new position.
Further, the Employer agrees to give the Union three (3) business days notice prior to the
creation of new exempt jobs and changes in existing exempt job titles. If the Union disagrees
that a new job should be exempt, it may grieve through the Grievance and Arbitration
procedure. In reviewing the Employer’s designation of a new exempt job, the arbitrator shall
consider, but is not limited to, criteria under the National Labor Relations Act and past
practice of the parties.
6. Union Business/Time Off
The Union president (or his/her designee) shall be scheduled three (3) days of his/her regular
working time off per week at the Union’s expense to pursue his/her duties other than those
provided for in Article XI (Grievance and Arbitration). The same rights shall apply (for one
day only per week) to the Grievance Chairperson (or selected designee) and to the Union
Treasurer (for fifteen (15) days per year). The Globe and the Union may mutually agree to
change the Union president’s time off arrangement as it relates to those days off.
If necessary, the president (or his/her designee) may take additional time off at the Union’s
expense upon mutual agreement of the Employer. The Employer will also consider timely
requests for employees delegated to attend outside conferences and special meetings (not in
conjunction with the Employer). All such requests shall be made to the Vice
President/Employee Relations or his/her designee who will consider such requests based on
the needs of the department involved, and such requests shall not be unreasonably denied,
provided they are timely made.
Employees either scheduled or allowed time off at the Union’s expense under this
Agreement, including time spent in collective bargaining negotiations, shall be paid directly
by the Union for those Union days off. Any Globe employee who is paid by the Union under
this section will receive full service credit for all benefit purposes.
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In the event that the BNG establishes the position of a full-time, paid president or
administrative officer position, and provided that the elected or appointed president or
administrative officer is an employee of the Globe, such employee shall be given a leave of
absence for the duration of said position, should he/she request such leave.
7. Office Space
The Employer will provide space within the Morrissey Boulevard plant for the union’s use
for representation of bargaining unit employees and meetings of contractual committees with
management (including preparation for, caucusing during and post-meeting review) only.
8. Bulletin Boards
The Employer shall provide locked bulletin boards suitably placed for the exclusive use of
the Union in or near all departments covered by this agreement. The Union shall notify the
Employee Relations Department in writing when it decides that additional or new bulletin
boards are needed. Such Union requests shall not be unreasonably denied.
9. Strikes/Picket Lines
During the term of this Agreement, the parties agree there shall be no strikes, sympathy
strikes, picketing, work stoppage or concerted economic activity of any kind against the
Employer and that the Union waives its right to respect any picket line or work stoppage
established by any other Union against the Employer. During the term of this Agreement,
the Employer agrees that it shall not lockout the Union.
ARTICLE XI
GRIEVANCE AND ARBITRATION
1. Right to Grieve
A. All full-time employees have the right to grieve any part of this agreement. All part-time
employees have the right to grieve any part of this Agreement that is expressly applicable
to them.
B. The Union may grieve any part of this agreement in place of an employee.
2. Union Delegate/Executive Committee
A. In the event of complaint(s) by one or more employee(s) regarding the interpretation
and/or application of any part of this agreement, the employee(s) will inform the Union
delegate, who will handle the initial phase of the complaint in the grievance process.
B. Such complaints by any employee(s) should, whenever practicable, be heard, discussed,
and adjusted by the delegate, the employee, and the section head and/or department head
within seven (7) calendar days of the complaint; and/or may be discussed by a
representative of the Executive Committee and a representative from the Employee
Relations Department. However, this is not a mandatory step.
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C. If the grievant and delegate believe that the complaint remains unresolved, the complaint
will be referred to the grievance chairperson, who will determine whether a formal
written grievance will be filed.
D. Except for good cause shown, all written grievances must be filed within sixty (60)
calendar days after the occurrence of the event giving rise to the grievance or the date on
which the Union knew, or reasonably should have known, of the existence of the events
giving rise to the grievance or it will not be considered in the grievance procedure. In no
event, in cases involving backpay due to a grievant(s), shall the Globe’s liability extend
beyond thirty (30) days prior to the date the grievance was filed, unless otherwise agreed
to.
3. Grievance Procedure
A. The grievance chairperson will forward a copy of the formal grievance form to the
department head and Employee Relations. Employee Relations will then contact the
grievance chairperson to set up a conference to discuss the grievance. The conference
must be held within fourteen (14) calendar days of the date the grievance was filed.
B. The conference may include the Union President and/or the Grievance Chairperson, the
appropriate Union delegate and the grievant and such exempt Employer representatives
the Employer determines are necessary to the conference.
C. If the parties do not resolve the grievance in the meeting and if both parties agree, an
additional meeting(s) may be held. Employee Relations will provide a written response
specifying the reasons for the denial of the grievance within fourteen (14) calendar days
of the final meeting.
D. Resolution of a grievance during the grievance procedure shall be final and binding only
as to that grievance upon the Union, the Employer and the grievant.
E. The Union shall advise the Company within thirty (30) days after the written response by
the Company whether it intends to refer the matter to arbitration or it deems the grievance
resolved.
F. Either party may request additional meeting(s), both before and after a grievance is
submitted to arbitration, to attempt to settle the grievance. Agreement to hold additional
meeting(s) will not constitute an extension of any time limits contained in this provision,
unless agreed to in writing by both parties.
G. If a grievant decides to appeal an Executive Committee’s decision not to take his/her case
to arbitration as provided for in the Union’s by-laws, the Union shall so notify the
Employer in writing. That notice shall constitute an automatic extension of the
contractual 30-day time limit on grievances until the appeal process is completed. The
Union shall notify the Employer in writing when the appeal process is completed. In no
event shall this be for more than thirty (30) additional days unless agreed to by both
parties.
H. The above time frames may be extended in writing by mutual agreement of the parties
involved. Except for good cause shown, failure by either party to comply with the
contractual time limits set forth in this Article, without a written extension, will result in
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the resolution of the grievance against the party who fails to comply. However, any such
resolution resulting from failure to comply with contractual time limits will be limited to
that grievance only and will set no binding precedent.
I. Arbitration will be initiated by filing with the opposite party and the American
Arbitration Association a request for arbitration. The notice shall be filed within thirty
(30) days after denial of the grievance under the grievance procedure. The voluntary
labor arbitration rules of the American Arbitration Association (which provide for a
written decision within thirty (30) days) shall apply to the proceeding.
The decision of the arbitrator will be accepted as final by the parties to the dispute, and
both will abide by it.
Cost of arbitration shall be borne on a 50%/50% basis by the parties.
4. Investigation Rights
The delegate and grievance chairperson and/or a designated member of the executive
committee may use regular working hours with pay to investigate a grievance and perform
the duties outlined in the grievance and arbitration procedures without being subject to
disciplinary action.
5. Attendance at Meetings/Hearings
A. Bargaining unit employees, including union representatives, attending grievance or other
duly scheduled meetings with the Company pursuant to this Article shall be on regular
working time with pay, provided that the Union timely notify the Employee Relations
Department that the bargaining unit employee will need such time off.
B. In addition to the Union President and the Grievance Chairperson, the Employer shall
also pay for no more than two (2) Union representatives for attendance at arbitration
hearings or hearings conducted by outside entities, provided that the Union timely notify
the Employee Relations Department that the Union representative will need such time
off.
C. The Employer shall also pay Union witnesses at arbitration hearings or hearings
conducted by outside entities for time missed from work for time reasonably scheduled
for testifying at the hearing, provided that the Union timely notify the Employee
Relations Department.
D. The Union shall be reasonable concerning the numbers of employees it requests to attend
meetings or hearings provided in this Section 5 and shall not schedule its representatives
in any way to interfere with the Employers’ operation.
6. Protection of the Grievant
At no time will a department head, section head or representative of the executive offices
meet with a grievant to discuss a grievance that has been filed by the grievant without the
grievance chairperson or president of the Union or his/her designee present. At no time will
a department head, section head or representative of the Employer threaten or intimidate any
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grievant as a result of his/her filing a grievance. Such Employer representatives may meet
with a grievant to discuss matters unrelated to his/her grievance.
7. Expedited Arbitration
If the Union and Employer determine it necessary, the parties may submit a grievance to
expedited arbitration.
ARTICLE XII
CAREER DEVELOPMENT AND TRAINING
l. Program
It shall be the role of the Human Resources Department to maintain a training and
development program. The Employer agrees to notify the Union prior to implementing any
new job training, career development and educational programs, and will provide to the
Union an annual summary on these programs. The Union may make program
recommendations, which if acceptable, the Employer will make every effort to implement.
2. On-the-Job Training
The Employer will provide any instruction and skill development that is necessary in all task
areas required in an employee’s job classification, and will also make every effort to assist in
the development of minorities and women as outlined in Article II, Section 3B (Affirmative
Action).
3. Employee Internships
The Employer will from time to time provide the opportunity for voluntary three-month
internships for full-time employees, either within or between departments. The purpose of
the internship is to give employees the opportunity to expand their knowledge of the
company and investigate other career possibilities, but must also meet the needs of the
newspaper. During an internship, employees will continue to be paid their regular salary or
first-year scale for the internship position, whichever is higher. If the Employer decides to
have an internship program, it will make every effort to notify the Union at least four (4)
weeks in advance of each intern program and will forward to the Union a copy of the list of
all employees applying for an internship.
4. Career Investigation
It shall be the role of the Human Resources Department to assist bargaining unit employees
in investigating the details and functions of jobs within the bargaining unit for which they
may wish to be considered, and shall provide relevant counseling and career guidance
regarding how the employee may better qualify for such jobs. The department shall maintain
a list of qualifications for all positions, which will be available for examination by any
bargaining unit employee upon request.
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5. Job Exchanges
To assist employees in career development, the Employer may arrange for voluntary “job
swaps” (in which two or more employees exchange positions) or select employees for
voluntary fill-in assignments for up to a six-month period. Employees in such assignments
will be paid pursuant to the terms of Article IV, Section 13, “Inter-Classification Fill-In.”
The Union shall be notified of all such arrangements in advance.
ARTICLE XIII
JOB SAFETY AND WORKING CONDITIONS
1. Safe Working Environment
The Employer agrees to provide safe and healthful working conditions for all bargaining unit
employees. The Employer agrees to comply with all federal, state and local health and safety
laws and regulations. If a bargaining unit employee or the Union has a complaint on job
safety, working conditions or any other conditions that he/she feels present an occupational
hazard, and if the situation is not corrected as soon as possible, the bargaining unit employee
or the Union may file a grievance (Article XI).
2. Health Maintenance
The Employer will staff a clinic and provide programs for medical problems such as blood
pressure, stress, diet, smoking, exercise, and alcohol and substance abuse.
The Employer will receive input from the Union in the implementation of programs in health
and safety, and agrees to supply the Union with statistics on the utilization of these programs.
3. Personal Computers/Video Display Terminals
The Employer will make every effort to provide a safe and comfortable environment for
PC/VDT users. This will include proper heat, light, ventilation and furniture. When the
Employer buys new PCs/VDTs he will seriously consider such equipment that meets the
highest technological and safety standards available. Within the space limitation of each
department every effort will be made to provide adequate spacing between workstations.
The Employer shall keep records on file of the purchase dates of all PCs/VDTs for up to a
period of seven (7) years, and those records shall be provided to the Union upon request.
A. The Employer shall keep records on all bargaining unit employees for the duration of
his/her employment and twenty-five (25) years thereafter. Such records shall include all
pertinent eye examination information on all employees. Access to such records shall be
available to the individual employee. These records shall also be available to the Union
providing the employee signs an optional waiver provided by the Union.
B. Each PC/VDT in use shall be inspected for radiation, focus and clarity of image annually.
Such inspections shall be made in addition to maintenance work performed on individual
machines as requested by operators. In addition to annual inspections, each machine
shall be checked each time it is moved, adjusted or repaired. Test result shall be
forwarded to the Union office promptly.
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C. Bargaining unit employees who are required to operate PCs/VDTs on a continuous basis
shall be required to take a 15-minute break every two hours during the workday to be
scheduled by agreement at the department or section level. Such rest breaks are to be
taken away from the work area.
D. Any bargaining unit employees who exhibit symptoms of RSI as a result of activities at
the Company workplace may have those symptoms and/or injuries examined and/or
evaluated in the Medical Department on Company time. In-house rehabilitation of such
injuries may also be scheduled with the Medical Department on Company time.
4. Pregnancy and PCs/VDTs
The Employer will take the following precautions to protect pregnant PC/VDT users:
A. She shall not be required to sit closer than approximately three (3) feet to another
employee’s PC/VDT.
B. The Employer will not unreasonably deny agreed-upon recommendations on this issue
made by the Joint PC/VDT/RSI Committee.
5. Occupational Health and Safety Committee
The Union will provide two delegates plus one alternate to the Joint BNG-Employer Health
and Safety Committee to address the special health, safety and environmental concerns of
bargaining unit employees and seek ways to improve or eliminate such conditions that are
detrimental to the health and safety of bargaining unit employees. The alternate member
may attend committee meetings in the absence of one of the regular members.
Committee meetings should be held monthly during regular work hours and at Employer
expense. BNG participation in this committee in no way diminishes the right to grieve.
6. Training of Employees and Newly Hired Employees
Where applicable, all current employees and new hires shall receive training in safe working
procedures, the purpose, use and limitation of personal protective equipment required, and
other controls or precautions associated with the job. The Union has the right to review and
recommend changes in such training.
7. Labeling
The Employer agrees to provide clearly marked labels identifying the contents of barrels of
detergents, acids, corrosives or waste materials.
8. Investigation
Accidents on the premises shall be investigated by the safety officer or his/her designee.
Reports of all accidents on the premises shall be maintained in the medical and protective
services departments and copies of accident reports involving BNG members will be sent to
BNG office promptly.
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ARTICLE XIV
PART-TIME EMPLOYEES
1. Part-time Policy
The following provisions of this agreement shall apply to all categories of part-timers except
as noted in Section 2 (Definitions) below:
A. Part-time employees shall not be paid less than the minimum wage for the classification
in which they are employed as set forth in Article VI (Wages). When filling a vacancy in
a higher classification, part-time employees shall receive the same rate of pay that is
applicable to the job that they are filling.
B. Part-time employees hired as regular full-time employees will receive credit towards the
probationary requirements in Article III, Section 4 (Probationary Credit), for hours
worked as a part-time employee in the same classification up to a maximum of thirty (30)
days. If a part-time employee’s performance is found unsuitable during the probationary
period, the employee will be considered for return to a part-time position, for which
he/she is qualified, providing such a position exists.
C. All part-time employees shall be covered by the Union security provision of this
agreement.
D. Part-time employees shall receive the minimum length of service step increase applicable
for their work under this contract if they have worked 250 days during such period.
Otherwise, such increase shall not be effective until they have worked such 250 days.
E. Part-time employees will be eligible for vacations, holidays and pension benefits on a pro
rata basis as provided in Article V, Sections 1 and 4 and Section 5 in this Article.
F. Should part-time layoffs occur, part-time employees with less than five (5) years
employment shall be laid off first. For such employees, seniority in classification shall be
given due consideration. If additional part-time layoffs are required, part-time employees
who have been employed for five (5) years or more shall be laid off within each job
classification by department based on the principle of inverse seniority. Those part-time
employees with substantially demonstrable skill or employees of outstanding ability may
be excepted from 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. For purposes of
this section a “layoff” shall not include a uniform reduction in part-time hours within a
particular department. A “department” is defined as those listed in Appendix A to Article
III, Section 1.
G. A part-time employee who, at the time of layoff, has five (5) or more years seniority 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 layoff. In filling vacancies within any job classifications from
which part-time employees were dismissed through a layoff, the Employer shall offer reemployment
to part-time employees on the rehiring list who were laid off from the
classification in which there is a vacancy before hiring or promoting employees. The
Company shall notify such part-time employees, based on inverse seniority, by registered
mail and the part-time 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
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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 part-time employee’s name to be removed from the rehiring list.
When a part-time 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. Any part-time employee who is
laid off from a Marketplace Wage Adjusted Classification who has been “grandfathered”
and is listed in Exhibit C to the Supplemental Agreement, shall be reinstated with his/her
“grandfathered hourly differential”.
H. Part-time employees may be subject to discipline, including discharge for just cause. The
offense, facts and circumstances will determine the level of discipline. The discipline and
discharge of a part-time employee who has been employed less than one hundred sixty
(160) calendar days shall not be subject to the Grievance and Arbitration procedure under
Article XI. Part-time employees who are discharged will receive a written statement of
the cause of discharge with a copy of such statement to be furnished to the Union
representative. Part-time employees with more than five (5) years of service shall be
given one (1) verbal and one (1) written warning prior to discharge, except in cases of
gross neglect of duty or serious misconduct. If a decision is made to issue a written
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.
I. Part time employees may be evaluated in writing annually relative to work performance
within individual departments. The Employer shall notify the Union at the beginning of
the calendar year which specific departments will be reviewing its part time employees.
All part time employees in such departments will be evaluated. The Union will be
provided with copies of all such written evaluations.
2. Definitions
A. The following are categories of “part-time employees”under the provisions of this
agreement:
i. Regular part-time Employee: Shall mean one who normally works less than 37.5 hours per week.
Any part-time employee who works more than 780 hours during any six-month period calculated
at the end of each regular calendar quarter will immediately become a regular full-time
employee.
A calendar quarter shall be defined as the 13-week payroll period ending closest to the
following dates:
January 1 thru March 31 July 1 thru September 30
April 1 thru June 30 October 1 thru December 31
ii. Temporary Employee: Shall mean one who may work more than 20 hours per week and
who has been hired for a definite period of time for purposes of completing a specific
non-continuing task or other defined projects. Upon written request from the Union, the
Employer shall provide written notification of the specific non-continuing task or other
defined project for which the temporary has been hired. The total cumulative service
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time permitted in this category shall not exceed twelve (12) months in duration, unless
mutually agreed to by both parties.
iii. Substitute Employee: Shall mean one who performs the duties either directly or indirectly
of a specific bargaining unit employee out of work due to any leave status provided for in
this agreement. Any indirect substitution shall be limited to no more than two (2) moves
(plus the direct substitution) and shall only be allowed when the “out of work” employee
is a bargaining unit supervisor or one whose work requires the skills of a full-time
employee. A substitute may work more than 20 hours a week. Upon written request from
the Union, the Employer shall provide written notification as to whom the substitute is
replacing and the expected length of that substitution. A substitute may not work more
than twelve (12) months in total, unless mutually agreed to by both parties.
iv. Student Employee: Shall mean one who works more than 20 hours a week while enrolled
full-time in school or co-op program. Students who work less than 20 hours shall be
considered regular part-time employees. A student cannot serve as a Globe
Correspondent while employed as a regular or temporary part-timer. Full-time student
employees shall not work longer than 2 years cumulatively or 4 years in total. Student
employees performing reportorial duties (except one year and summer interns) shall be
restricted to working on ROP assignments except in extraordinary circumstances.
v. Intern Employees:
a) Summer Intern Program:
The Employer may maintain a summer intern program. The salary for summer interns
will be 80 percent of a weighted average salary comprised of the various job
categories in which they are hired, taking into account the number of interns in each
job category. The Employer will notify the Union at least ninety (90) days prior to the
commencement of a summer program.
b) One Year Internship Program:
The Employer may maintain a one-year internship program and as part of the
program, will make an attempt to hire diverse candidates.. One-year interns will, at a
minimum, be paid at eighty per cent (80%) of first-year scale of the classification into
which they are hired and will be eligible for Union health insurance benefits. An
internship may be extended to a second year in which case they will be paid, at a
minimum, first year scale.. No more than six (6) interns will be employed under this
program at any time.
vi. Any of the above who perform reportorial duties will be identified as Globe Staff when a
by-line is used.
vii. The total number of part-time employees who are co-op students or interns (not
including one year or summer interns) shall not exceed 10 percent of the number of
regular full-time employees in the bargaining unit.
viii. Temporary, substitute or one year intern employees who work for six (6) months or
more will be given written notification of their status thirty (30) days before the planned
termination of employment.
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3. By-line Language
By-lines or credits, when used, will make clear the staff or non-staff status of the reporter,
writer, photographer, columnist, cartoonist or illustrator as follows: “Globe staff” will be
used for all full-time and part-time employees (including one year interns); “Globe
Correspondent” will be used for all other credits including all summer interns, student
employees and freelancers.
4. Stock Options
Qualified part-time employees will be eligible to participate in the Employees Stock
Purchase Plan.
5. Retirement
Part-time service will be recognized for pension purposes under the terms of the Boston
Globe Employees’ Association Pension Plan.
6. Experience Credit
Part-timers who terminate and return at a later date will receive experience credit that will
determine their salary level.
7. Hours of Work
Part-time employees will be paid at least 4 hours’ pay when they are called to work.
8. Scheduling
Work schedules for part-time employees shall be posted in each department one week prior
to the beginning of each financial week whenever practicable.
9. Part-time Job Openings
The Personnel Department will notify the Union whenever a new regular part-time position
becomes available with the exception of those positions which are filled by student
employees. Whenever such positions are posted, the provisions of Article II, Sections 6B
and 6C shall not apply. However, notices of such positions shall be posted on union bulletin
boards.
10.Part-Time Life Insurance
The employer will provide $5,000 in life insurance for regular part-time employees who have
been employed by the Globe for at least one (1) year. The Employer will provide $10,000 in
life insurance for regular part time employees after 5 years of employment. Once eligible for
such insurance, coverage shall continue so long as part-time employment is continued. Full
time employees who convert to part time status will have their years of full time service
count toward the 5-year requirement.
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11. Part Time Disability Insurance
After 30 calendar days of absence due to non-work related illness or injury, part time
employees will be eligible to apply for “Short Term Disability” which will provide a benefit
of 50% of pay (based on average earnings over the prior 12 month period) for part time
employees with at least 3 years of service of 600 hours in at least three of those years, 55% of
pay for part time employees with at least 5 years of part time service of 600 hours in at least
five of those years and a benefit of 60% of pay for employees with at least 10 years of part
time service of at least 600 hours in at least ten of those years. Benefits will be paid
retroactively for a period which begins after 21 calendar days of absence up to a maximum of
6 months for employees with 3 or more years of service, 1 year for employees with 5 or more
years of service and 2 years for employees with 10 or more years of service or to age 65,
whichever comes first. Determinations as to eligibility for benefits will be made by the
Globe’s “Short Term Disability” insurance carrier, which will be the same as the carrier for
full time employees LTD. That carrier is currently Aetna/Broadspire.
ARTICLE XV
DEFINITIONS OF NON-EMPLOYEES
1. Correspondents (occasionally referred to as stringers): are those persons who are on
retainer and may be subject to assignment and who do not regularly utilize Globe desk
space, PCs/VDTs or other equipment and services used by Globe staffers.
2. Special to the Globe Free Lance: are those persons who are independent contractors paid
on a per-piece basis and who do not regularly utilize Globe desk space, PCs/VDTs or
other equipment and services used by Globe staffers.
APPENDIX A
EXEMPTIONS
Positions expressly excluded from this bargaining unit:
CORPORATE: chairman of board, vice chairman of the board, publisher, president, executive
vice president, senior vice president, vice-president, assistant vice president, general manager,
treasurer, assistant treasurers, clerk of the corporation, assistant to publisher, business manager,
assistant business manager, director of development and planning, director of electronic
publishing, director of compensation and corporate affairs, assistant to the president, confidential
secretary(ies) (14), niche publication manager, manager of special projects director of business
development and strategic planning, manager of strategic planning, project manager/ strategic
planning.
ADVERTISING: Advertising director, display advertising manager, classified advertising
manager, assistant to advertising director, senior divisional sales manager, divisional sales
managers, telephone advertising managers, assistant manager/inside telephone sales,
manager/display desk, senior assistant telephone advertising manager, manager/advertising
administration, assistant manager/display desk, systems manager/advertising, manager of
advertising production quality assurance, manager/advertising marketing, project administrator,
advertising sales analysis manager, director of advertising strategy and development, director of
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classified advertising, director of sports marketing sales, manager of advertising finance and
administration, distribution marketing manager, business development manager, assistant
systems manager, assistant advertising sales manager
ARTISTS: promotion design manager, advertising design manager, head artists
BUILDING ADMINISTRATION: maintenance manager, assistant, manager/protective
services, director/ administrative services, assistant director of administrative services,
maintenance plant foreman Billerica/Westwood, maintenance shift foremen (5), post office
supervisor
CIRCULATION: circulation director, assistant to the circulation director, senior circulation
manager, circulation managers, assistant to circulation manager, assistant circulation managers,
divisional sales managers, bar coding manager, returns manager Wilson Tisdale director, Wilson
Tisdale manager, Wilson Tisdale assistant manager, assistant to the Wilson Tisdale director,
director of youth readership.
COMMUNITY RELATIONS: community relations director
CONTROLLER/CREDIT/ACCOUNTING: cashier, controller, assistant controllers, budget
manager, internal auditor, manager of accounting, assistant manager of accounting, credit
manager, payroll supervisor, assistant payroll supervisors, software analyst/financial systems,
manager of financial analysis, senior financial analyst, financial analyst, revenue manager,
corporate credit manager, disbursement manager, assistant to the controller, disbursement
supervisor, director of disbursements and receivables, director of financial reporting, director of
financial reporting and analysis, director of quality assurance/operations.
EDITORIAL: editor, executive editor, assistant executive editors, assistant to editor, editor of
the editorial page, deputy editorial page editor, senior associate editor, associate editors,
executive managing editor, managing editors, assistant managing editors, deputy managing
editor, city editor, Sunday editor, senior assistant Sunday editor, senior assistant national/foreign
editor, metropolitan editor, senior assistant metropolitan editors, night editor, senior assistant
night editor, executive sports editor, sports editor, magazine editor, editorial design director,
business editor, graphic arts coordinator, director/newsroom technology, systems editor, head of
library, director of photography, assistant director of photography, picture editor, editorial budget
manager, ombudsman, administrative coordinator, page one editor, living editor, arts editor,
national editor, foreign editor, op-ed page editor, senior editorial design supervisor, senior
assistant business editor, senior assistant sports editor, calendar editor, assistant editorial page
editor, senior assistant living/arts editor,
EMPLOYEE RELATIONS: industrial relations director, director of employee relations, benefits
manager, director/employee development, employee relations associate, manager/employee
relations, director/safety and environmental affairs, manager/safety and loss prevention
operations, administrative manager/safety and environmental affairs, manager/protective
services, protective services foremen (3), assistant manager/employee relations, director of
benefit funds administration, assistant manager of employee development.
HUMAN RESOURCES: director of human resources, director of employee benefits, human
resources associate, personnel director, affirmative action director, health services manager,
personnel manager, health services director, assistant manager/human resources.
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INFORMATION SERVICES: director of information services, assistant director of information
services, director of systems, manager of data processing, assistant manager of data processing,
data base manager, software analysts, systems engineers, data center managers, systems
managers, operations manager, technical services manager, assistant technical services manager,
software engineering manager, manager/publishing systems, associate software analyst (6),
manager of new technology, manager of networks/communications, manager of desktop
systems, manager of applications development, manager of special projects, manager of internet
communications group.
MARKETING: marketing research director, research manager, marketing research and planning
director, marketing services manager, sales promotion manager, public affairs manager, sales
promotion/public affairs director, assistant public affairs manager(s), assistant promotion
manager(s), public affairs director, sales promotion director, director of market analysis and
planning, manager/electronic publishing, assistant manager/electronic publishing
PRODUCTION: production director, assistant production director, production managers,
director of building facilities, engineering manager, assistant production managers, plant
manager/Billerica, plant manager/Boston, imaging manager, operations and planning manager,
assistant plant manager, quality analyst, financial manager, production training manager.
PUBLIC RELATIONS: public relations director, public relations coordinator
PURCHASING: purchasing manager
ROTOGRAVURE: preprint manager, gravure manager, manager/Sunday supplement
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OTHER PROVISIONS OF THE 2009 SUPPLEMENTAL AGREEMENT
Retiree Newspaper Subscriptions, side letter of December 15, 1993 will be eliminated. All
current and future retirees will no longer receive free and/or heavily discounted newspaper
subscriptions. This change does not impact the ongoing annual quid pro quo payment of
$60,000 provided in that side letter.
Joint Committee . A joint labor management committee shall be created to review, discuss and
make recommendations concerning the Globe’s business plans for the departments covered by
the Guild contract. The committee shall meet at least quarterly and shall be provided with
relevant information, subject to a confidentiality agreement.
2011 Updating of Contract, including Prior Side Letters
Effective January 1, 2011 the parties to this Agreement have updated its provisions in
accordance with the most recently negotiated agreement. They have also deleted numerous side
letters and Memoranda of Agreement from 1990 forward which have become moot through the
passage of time. All such prior letters and Memoranda can be found in the 2006-2009 collective
bargaining agreement.
To the extent that any updating has been in error, the terms of the prior agreements
remain in full force and effect.
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SUPPLEMENTAL AGREEMENT
Between
GLOBE NEWSPAPER COMPANY, INC.
And
BOSTON NEWSPAPER GUILD LOCAL 31245, TNG-CWA
This Supplemental Agreement is made and entered into on November 24, 2010 by and between
the Globe Newspaper Company, Inc. (the “Globe”) and Boston Newspaper Guild Local 31245,
TNG-CWA (the “Union”) and is to become part of the parties’ existing Collective Bargaining
Agreement. The term of this Agreement shall be January 1, 2011 through December 31, 2012.
If there is any conflict between any term or condition of this Supplemental Agreement and any
term or condition of the Collective Bargaining Agreement, (including prior Supplemental
Agreements and other Memoranda of Understanding) the terms and conditions of this
Supplemental Agreement shall prevail. Other terms and conditions of the Collective Bargaining
Agreement not specifically changed in this Supplemental Agreement will remain in full force
and effect. All changes in existing provisions are shown in bold in this document.
I. NEGOTIATED CHANGES
1.Article V, Section 10, “Sick Leave”.
Add the following changes to Paragraph A
(a) An employee shall not forfeit any part of his/her pay because of absence on account of
illness for up to fifteen (15) working days in any calendar year, or up to an additional fifteen
(15) working days in any calendar year during a period of major illness. Accordingly, in
cases of major illnesses an employee will be entitled to up to thirty (30) days’ sick leave
consisting of a fifteen-day (15) major illness allowance plus any unused portion of his/her
fifteen (15) days’ sick leave. New hires will have their sick days pro-rated during their first
year of employment as follows: all new hires will be entitled to three (3) single sick days
upon hire plus an additional single sick day for each month remaining in the calendar year.
All new hires will be entitled to usage of all major illness days, subject to the verification
procedures described below.
………….
(b) If an employee uses more than ten (10) of the allowable fifteen (15) single sick days in
any calendar year, then any additional sick days (as well as verification of any major illness
days) shall be subject to the Company’s right to require medical verification of illness by the
Globe’s disability insurance carrier (currently Aetna/Broadspire),a physician or other medical
professional. The Globe may confer with such physician or other medical professional to
confirm the authenticity of the medical verification.
2.Article III, “Job Security”
(a) Modify Section 1A, as follows: “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 fourteen (14) days written notice of a layoff or employees will receive up to
fourteen (14) days pay in lieu thereof. The notices shall set forth the reasons for the
layoff and the notice to the Union shall also contain the names of the employees
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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.”
(b) Modify Section 1C as follows: “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 bargaining unit seniority, which shall be
determined by an employee’s total length of bargaining unit seniority, pursuant to Article
III, Section 5. Employees with special skill or superior ability may be retained out of
seniority for layoffs which are not as a result of subcontracting.
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 jobrelated
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, based on one year of service for 1950 hours worked or paid, for part-time
employment in the bargaining unit.
(c) Modify Section 1G as follows, “An employee dismissed through a layoff shall be
placed on a rehiring list and shall remain on that list for a period of twelve (12) months
from the date of dismissal. During the twelve (12) months following a lay off from
positions within the Editorial Department, the Employer may fill up to two (2) vacancies
in those positions without recalling laid off employees. Otherwise, in filling vacancies
within any job classifications from which employees were dismissed through a layoff, the
Employer shall offer re-employment 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 first notify the Union and then such employees, based
on bargaining unit seniority, by e-mail or certified mail and the employee will be given
ten (10) calendar 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, unless
other arrangements are made with the department head or Human Resources. If an
employee opts not to accept an offer of employment his/her name will be removed from
the recall list. Failure to respond to recall notification shall also 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.
(d) Modify Appendix A to Article III, Section 1, “Department Listing” as follows:
Editorial
• Editorial Administration
• Metro, Zones, Health/Science, Night Desk
• Photo, Library, Editorial Design, Spotlight, Ideas
• Sports
• Living/Arts, Travel, Magazine
• Business
• National/Foreign
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[all other department listings remain unchanged]
3. Article VIII, “Technological Changes in the Workplace”
(a) Modify Section 4, “Technological Changes/Subcontracting” as follows:
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.
Bargaining unit employees who accept the voluntary buyout offer will be required to
sign a standard release of all claims against the Globe and Union in order to receive
the benefits listed below.
(a) The benefits offered to full time employees shall be as follows:
(i) 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
(ii) one additional week of severance pay for each year of continued and
uninterrupted full time employment by the Globe, subject to a maximum of 50
weeks’ additional pay will be paid to all full time employees in cases of
subcontracting and in cases of new technology will be paid only those employees
as of December 1, 2010 with twenty (20) or more years of bargaining unit
seniority who do no have a job guarantee.
(iii) continuation of health insurance through the parties’ Taft Hartley Fund (if
currently in the Fund), with the Globe paying the full cost 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.]
(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 be trained to
perform a vacant or new job in no more than thirty (30) calendar days shall be trained by
the Globe at its expense.
(6) The Globe shall decide no later than 60 days after a transfer (or 90 days for an
employee who required 30 days of training) whether a bargaining unit employee, who
was deemed transferable is not qualified to perform the job., in which case subsection 13
78
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, to a
new position.
(7) Bargaining unit employees who are transferred to a vacant or new job shall be paid at
the experience level nearest in pay to their current pay, provided that pay will be at least
80 percent of their current 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
4.Article XIV, “Part time Employees.
Modify Section 2(v), “Intern Employees” as follows: “The Employer may maintain a
one year internship program and as part of the program, will make an attempt to hire
diverse candidates.. One year interns will, at a minimum, be paid at eighty per cent
(80%) of first year scale of the classification into which they are hired and will be eligible
for Union health insurance benefits. An internship may be extended to a second year in
which case they will be paid, at a minimum, first year scale. No more than six (6) interns
will be employed under this program at any time.
5.Advertising Department Outside Sales. See attached side letter agreement.
6.New Initiatives. See attached side letter agreement.
7.Editorial Page Writers/Columnists. See attached side letter agreement.
8.Vacation Donations. See attached side letter agreement.
II. LUMP SUM PAYMENTS
2010 Payment (payable upon ratification)
In recognition of the enhanced operational efficiency and flexibility resulting from these
negotiations, including but not limited to new initiatives, advertising outside sales pay structure,
and seniority exceptions in layoffs, the Globe will do the following:
(1) pay 75% of full time employee healthcare costs pursuant to separate proposal on quid
pro quo;
(2) pay 1% of salary to each full time employee either, at the individual employee’s
option, to the employee’s 401(k) account or as a lump sum payment, subject to
applicable taxes and deductions; and
(3) pay an additional 2% with the payment options described above provided that the
parties timely and amicably resolve the terms of their current negotiations, including a
unanimous recommendation from the Negotiating Committee to endorse the agreement.
2011 and 2012 Payments
79
A profit sharing plan shall be created under which each full time employee shall receive the
following:
• 1% of salary in any year in which Globe (including boston.com, but excluding other
NEMG properties) Operating Profit is nonnegative;
• An additional 1% of salary shall be paid (for a total of 2% of salary) if Operating Profit
equals or exceeds $2 million for the year;
• An additional 1% of salary shall be paid (for a total of 3% of salary) if Operating Profit
equals or exceeds $5 million for the year.
• All eight (8) unpaid days (furlough, vacation and birthday holiday) will be eliminated if
Operating Profit equals or exceeds $10 million for the year.
“Operating Profit” shall be as reported in the New York Times Company audited consolidated
financial statements. Payment shall be made as a single lump sum subject to all applicable taxes
and other deductions.
III. QUID PRO QUO
A. Health Insurance
In recognition of the enhanced operational efficiency and flexibility resulting from these
negotiations, including but not limited to new initiatives, advertising outside sales pay
structure, and seniority exceptions in layoffs, Globe has agreed to make the following
change to Article VIA, Section 8E, “Health Insurance”.
(1) Effective January 1, 2012, full- time and part- time employees who are regularly
scheduled to work at least 22.5 hours per week, as measured over the prior calendar year,
will be eligible to and can participate in the New York Times Flexible Benefits Plan (the
“Plan”) for medical, dental and vision coverage. The Plan may be amended at any time
in the sole discretion of the New York Times ERISA Committee (including, by way of
example and not limitation, changes in approved providers, eligibility effective dates,
available benefits, required premiums, deductibles, or co-payments, or other aspects of
plan design); provided, however, that such changes are also applied in equal measure to
Globe non-union employees. Participating full-time employees will pay 25% of the
monthly premium and part- time employees 38%, through payroll deduction.
(2) The New York Times Flexible Benefits Plan will replace the Section 302(c)(5) Taft
Hartley Fund that is described above in this section, effective January 1, 2012.
Accordingly, all Globe contributions currently made to the Fund as described in
subsection (d) will no longer be contributed to the Fund after December 31, 2011, and
will be retained by the Globe to defray its cost of providing the benefits under the Plan.
The Globe and the Union shall jointly direct the Trustees of the Fund to take all necessary
legal and other administrative steps for an orderly wind-down of the Fund effective as
soon after January 1, 2012 as is feasible. All such costs shall be borne by the Fund.
(3) Further, the parties acknowledge that the subsection (d) contributions made by the
Globe during 2011 are likely to be in excess of those needed to fund the Plan’s
contributions to medical and dental premium costs and the administrative costs of winddown.
The parties estimate that $XXX will be required in 2011 for these purposes, and
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the Globe shall contribute this amount to the Fund [at the rate of $xxx per month? Jan-
June? Whatever] in lieu of the normal subsection (d) contributions. Should the Trustees
determine in 2011 that additional funds are required, the Globe shall contribute such
funds, up to a maximum of the amount specified under subsection (d). After the Fund’s
closure in 2012, the parties shall meet to determine whether the Globe contributed less to
the Fund in 2011 than would have been required under subsection (d). Any such shortfall
shall be used for the benefit of bargaining unit employees, as the parties subsequently
may agree. If the parties cannot agree after a reasonable period of discussion, all issues
regarding use of such shortfall shall be submitted to final and binding arbitration pursuant
to the rules of the American Arbitration Association.
(4) The Globe agrees that in the event that (a) the New York Times Flexible Benefit Plan
(the “Plan”) is displaced by state or federal health insurance legislation, in which either
the Globe is required to participate or the Globe and the Union agree to participate, and
(b) the amount charged to the Globe by the Plan as of January 1, 2012 for BNG
bargaining unit members’ participation in the Plan exceed that which is required to be
paid under such legislation (either by way of percentage or flat dollar amount) that the
Union may opt to either (a) to the extent permitted by such legislation, have such excess
monies be credited to BNG employee contributions required by such legislation, or be
used to purchase supplemental health insurance (i.e., a benefit package more favorable
than that established under such health insurance); or (b) divert such excess quid pro quo
monies for some other BNG non-wage benefit purpose (except redivsersion into the BNG
Pension Fund).
(5) On an annual basis, the Globe will supply on request from the Union sufficient
financial information to verify the Globe’s compliance with all calculations and terms
required by this provision.
(6) The parties agree that in the event the Globe sells, transfers, or assigns its interest or
ownership to a successor employer, the amount charged to the Globe by the Plan as of
January 1, 2012 for BNG bargaining unit members’ participation in the Plan shall be
continued as an obligation of the successor and shall be used for the sole benefit of BNG
bargaining unit members as determined by the BNG.
B. Life Insurance
The Globe will provide $5000 in life insurance for regular part time employees who have
been employed by the Globe for at least one (1) year and $10,000 after five (5) years of
employment.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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This Agreement is subject to ratification by the Union membership. It has been signed and
executed by the parties below on this 24th day of November, 2010.
Globe Newspaper Company, Inc. Boston Newspaper Guild
Local 31245, TNG-CWA
______________________________ ____________________________
Christopher L. Hall Scott M. Steeves
Vice President/Human Resources and President
Labor Relations
_______________________________ _____________________________
Harriet E. Gould James E. Herndon
Vice President/Labor Relations Vice President
______________________________ _____________________________
Sean P. Keohan Timothy J. Flynn
Executive Director/Labor Relations Recording Secretary
______________________________
Katherine M. McCabe
Treasurer
________________________________
Elizabeth Daley
At Large
______________________________
Jenna Russell
At Large
_____________________________
David L. Ryan
At Large
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November 24, 2010
Scott M. Steeves, President
Boston Newspaper Guild Local 31245
Re: Outside Advertising Sales
Dear Scott:
This will confirm that during negotiations the parties agreed that employees currently
classified as Outside Advertising Sales (Tier 1), Outside Advertising Sales (New Hires), and
Boston.com Outside Salesperson/Classified Internet shall be merged into one integrated job
classification, “Outside Advertising Sales” with a single pay schedule applicable to all as
follows:
Length of Service
1 2 3 4 5
$725.00 $800.00 $850.00 $925.00 $1000.00
There will also be one integrated job classification for Outside Sales Supervisors with a single
pay scale applicable to all as follows:
Length of Service
1 2
$1125.00 $1175.00
All current Tier 1 salespersons will be paid at the top step. All current Tier 2
salespersons will be paid at no less than the step applicable to their years of service. This pay
rate shall include any above scale payments received by Tier 2 Outside Salespersons and
Outside Salespersons/Classified Internet as part of their initial hiring terms. In no event will any
current Tier 2 or Classified Internet Salesperson be paid less than their current weekly pay.
This new pay scale shall be effective no earlier than 60 days following ratification of the
collective bargaining agreement. No later than fourteen days following ratification of the
collective bargaining agreement the Globe shall offer a voluntary resignation plan for up to eight
Tier 1 Outside Salespersons. The plan will provide the benefits outlined in Article III, Section
1D. If more than eight employees opt to participate in the plan, acceptance will be based on
bargaining unit seniority. Part time Tier 1 Outside Salespersons will be eligible to participate in
this plan based on their respective pro-rated weekly base salary and their bargaining unit
seniority.
Should a Tier 1 salespersons opt not to participate in the voluntary resignation plan and
in 2011 their base pay and commission does not meet or exceed their 2010 base pay, they shall
be offered the same voluntary resignation plan as above.
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The parties further agree that Section 2, “Advertising Department Terms and Conditions” of
the parties’ November 6, 2006 Memorandum of Agreement re: Boston.com Integration shall be
changed to provide as follows:
“Any employee classified as an Outside Advertising Salesperson may be terminated for failure
to achieve or maintain reasonable, written minimum sales goals as may be established by the Globe
from time to time in accordance with this paragraph.
Salespersons who fail to meet reasonable sales goals will first receive an oral warning
and be given 45 calendar days to improve performance. A written record will be made of all
verbal warnings under this paragraph. If after 45 days sales goals remain unmet the employee
will receive a written warning. 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 achieve or maintain reasonable written minimum sales goals, subject to the
progressive discipline outlined above, will constitute just cause for dismissal, and the provisions
of Article III, Section 2 shall not apply to such discipline. “Reasonable sales goals” may include,
but not be limited to, revenue goals, number of new advertisers, presentation skills, and other
measurable indicators of sales performance. The Globe will inform the Union 30 days prior to
the implementation or change in a performance management program under this section, except
that no change may be made which would shorten the periods between steps of discipline as
described herein.
Very truly yours,
Christopher L. Hall
Agreed:____________________
Scott M. Steeves, President
BNG Local 31245
84
November 24, 2010
Scott M. Steeves, President
BNG Local 31245, TNG-CWA
Re: New Initiatives/Boston Globe and Boston.com
Dear Scott:
This side letter agreement recognizes the need for the Globe and Boston.com (collectively, the
“Globe”) to operate in the most economical, flexible and efficient manner so that they can
compete in a constantly changing media landscape. Accordingly, the parties agree as follows:
1. The Globe may undertake new initiatives from time to time. A “new initiative” is the
creation, distribution or sale by any means of any form of content or other product
(including but not limited to advertising) that the Globe either has not created,
distributed or sold before. Employees working on a new initiative may work in a
separate business unit or in existing Globe departments. In either event, they may work
side by side with other Globe employees. A new initiative may last for up to 24 months.
2. The Globe shall give the Union 30 days notice before it launches a new initiative. Such
notice shall include a description of the new initiative and any known positions being
created to perform work for the new initiative.
3. The collective bargaining agreement shall not apply to a new initiative during the 24
month period.. During the period of a new initiative, the Union will not in any forum
make a claim for recognition as the collective bargaining representative of employees
performing work for a new initiative nor will it claim accretion of those employees to its
existing bargaining unit during the 24 month period.
4. The recently announced “two brand digital strategy” is covered by this Agreement. This
strategy will introduce the subscription-based brand “BostonGlobe.com” into the digital
space currently served by boston.com and will expand boston.com into new revenue and
content opportunities. As defined by this agreement “boston.com” is a new initiative and
BostonGlobe.com, which shall not be considered a new initiative, shall remain within the
Union’s jurisdiction and be covered by the collective bargaining agreement. The 24
month new initiative period shall begin to run upon the formal launch of the new
boston.com web site.
5. The parties recognize that there has been an historical mix of both Guild and non-Guild
individuals who perform editorial work for both the Boston Globe and boston.com. The
Globe agrees that the new initiative, boston.com, shall not be used to significantly
expand its usage of non-Guild individuals to perform work for the Globe and/or The
BostonGlobe.com beyond this relative mix.
6. The recently launched Your Town sites shall be considered a new initiative under this
agreement, with a start date for the 24 month period effective upon contract ratification.
85
7. The Globe will give notice to the Union if it decides to end a new initiative during the 24
month period. If the Globe decides to continue an initiative beyond the end of the 24
month period it will, 60 days before the end of the period, notify the Union that the
Globe will either, at its sole option: (1) apply the collective bargaining agreement
(including the creation of new job categories and pay rates pursuant to Article II, Section
3) to positions performing work similar to positions covered by the Guild; or (2)
maintain the non-union status quo. Under the latter option the Globe shall pay an
additional quid pro quo to a Voluntary Employees’ Beneficiary Association (“VEBA”)
trust fund based on the number of positions which would otherwise be within the Guild’s
jurisdiction. The quid pro quo will be paid annually and will be $2000 per each such
employee who would have otherwise been under the Guild’s jurisdiction.
8. The latter option does not preclude the Guild from exercising its Section 7 rights under
the National Labor Relations Act, relative to organizing and representation elections. If it
were to successfully do so, the additional quid pro quo described in paragraph 7 above
would no longer be paid.
9. Bargaining unit employees who are assigned as part of their Globe positions to perform
work for a new initiative will continue to be represented by the Union and covered by
the collective bargaining agreement. Upon request from the Union, the Globe shall
meet, as the need arises to discuss any matters arising from performance of such work.
10. The Globe will post job opportunities in new initiatives in the same manner as it posts
other exempt job opportunities. Guild covered applicants may apply for the available
positions. Article II, Section 6H, “Trial Period” shall apply to any Guild employee
selected for such a position.
11. Any profits from new initiatives shall be included in calculations of Globe Operating
Profit for employee profit sharing and in calculations of the Globe, BostonGlobe.com
and boston.com revenues.
12. This Agreement shall survive the expiration of the collective bargaining agreement and
shall be subject to renegotiation in the parties’ negotiations occurring on or after January
1, 2016.
Very truly yours,
Christopher L. Hall
AGREED:________________________
Scott M. Steeves, President
BNG Local 31245
86
November 24, 2010
Scott M. Steeves, President
Boston Newspaper Guild Local 31245
Re: Editorial Page Writers/Columnists
Dear Scott:
This will confirm our common understanding that employees who fill the
Editorial Page positions of “Editorial Page Writer” and “Columnist” represent the “voice” of the
newspaper. During the term of this Agreement , current editorial writers and columnists, who
have been in their positions for more than five years, may be subject to re-assignment to
editorial positions (newsroom, living/arts, business, etc.) based on their respective skills and
experience with no loss of pay. Such reassignments are not based on seniority nor are they a
form of discipline.
No more than one employee may be reassigned in a twelve month period. Current
editorial page employees shall be given 120 days notice of their reassignment. During the term
of this Agreement only, employees selected for reassignment will be offered a voluntary buyout,
in lieu of reassignment, pursuant to Article III, Section 1C of the contract.
This Agreement is for the term of the collective bargaining agreement and will be subject
to renegotiation.
Very truly yours,
Christopher L. Hall
AGREED____________________________
Scott M. Steeves, President
BNG Local 312145
87
November 24, 2010
Scott M. Steeves, President
BNG Local 31245
Re: 2010 Lump Sum Payment
Dear Scott:
The Guild and the Globe have agreed to modify their 2009 contractual profit sharing provision
to increase the amount to 3% from 1% and to allow eligible full time employees the individual
option to receive this payment all in cash, subject to applicable taxes and other standard
deductions or to defer some or all of it into their Vanguard 401account (subject to IRS & plan
contribution limits). This payment will be made immediately following ratification of the
collective bargaining agreement.
Very truly yours,
Christopher L. Hall
Agreed:____________________
Scott M. Steeves, President
88
SUPPLEMENTAL AGREEMENT
Between
GLOBE NEWSPAPER COMPANY, INC.
And
BOSTON NEWSPAPER GUILD LOCAL 31245, TNG-CWA
This Supplemental Agreement is made and entered into on June ___, 2009 by and between the
Globe Newspaper Company, Inc. (the “Globe”) and Boston Newspaper Guild Local 31245,
TNG-CWA (the “Union”) and is to become part of the parties’ existing Collective Bargaining
Agreement.
These negotiated changes will achieve $10 million in savings needed by the Globe as part of its
financial turnaround plan. An itemized list of the savings is attached.
If there is any conflict between any term or condition of this Supplemental Agreement and any
term or condition of the Collective Bargaining Agreement, (including prior Supplemental
Agreements and other Memoranda of Understanding) the terms and conditions of this
Supplemental Agreement shall prevail. Other terms and conditions of the Collective Bargaining
Agreement not specifically changed in this Supplemental Agreement will remain in full force
and effect.
In order to mitigate the impact of the implemented 23% wage reduction without reducing the
savings achieved by the Globe, the following shall occur promptly upon ratification.
1) All bargaining unit employees shall receive a one time, lump sum payment equivalent to
the difference between a 23% wage reduction for 5 weeks, and a 6.904% (Tier 1) and
2.964% (Tier 2) wage reduction for 5 weeks, resulting in a “refund” of 16.096% (Tier 1)
and 20.036% (Tier 2). Said payments shall be apportioned based on each employee’s
wage rate. At the end of said 5 week period, the wage modification percentages shall
revert to 5.94% for Tier 1 employees and 2% for Tier 2 employees as provided in the
changes to Article VI described below.
2) An additional $217,651 shall be deducted from the reduced health fund quid pro quo
payments due to be contributed in August, 2009.
3) Notwithstanding the changes to Article VI described below, wage rates including all
book rates and merit pay shall be reduced by 6.904% (Tier 1) and 2.964% (Tier 2) for the
period June 14th through Saturday, July 18th .
The formula used to calculate the wage mitigation and preservation of savings is attached as
Exhibit A. Examples of the application of the formula to actual wage classifications is
attached as Exhibits B and C.
The Globe may, upon execution of this agreement, file the 45 day notice necessary to freeze the
defined benefit pension plan. The notice shall be rescinded by the Globe in the event the
agreement is not ratified.
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NEGOTIATED SAVINGS
Article II, Section 1, “Duration of Contract” will be modified to extend the contract through
December 31, 2010.
Article III, Section 1 and the Job Guarantee provision of the 1993 Supplemental
Agreement will be modified as follows:: “Employees on the Job Security List will be protected
from reductions in force until January 1, 2010. Thereafter, full time employees on the Job
Security List laid off pursuant either to Article III or Article VIII for a reason other than that the
Globe has ceased publication shall receive a lump sum of $33,000, in addition to the appropriate
severance pay pursuant to Article III, Section 1, Paragraphs D or E below, or Article VIII,
Section 4. Part time employees on the Job Security List laid off for a reason other than that the
Globe has ceased publication shall receive one week of pay for each year of service plus a lump
sum of $16,000.
Article IV, Section 2, “Overtime” will be modified to provide that overtime work in excess of
40 hours in one week shall be paid at a rate of time and one half. Shift overtime is eliminated.
Any hours worked between 37.5 and 40, in any one work week, shall be compensated at the
applicable straight time rate.
Article V, Section 1 “Vacations” will be modified to add the following: “Given the Globe’s
current exigent circumstances, the Globe and the Union agree to interpret the agreement so that
no vacation time has been accrued from January 1, 2008 through the date of ratification.
Effective January 1, 2009 and thereafter, employees will earn vacation time based on a current
system of accrual; i.e. vacation time will be taken in the year in which it is earned. All vacation
time taken in 2009 will come out of the days earned in 2009 (retroactive to January 1, 2009). In
addition, upon ratification, an employee must schedule one unpaid vacation day within the
remainder of 2009 and two unpaid vacation days each succeeding year. All scheduling in 2010
and thereafter must be submitted before January 31 of that year.”
Article V, Section 4, “Holidays” shall be modified to replace the 2nd paragraph with the
following, “Effective upon ratification, the employee’s birthday holiday, which shall be unpaid,
will be taken within two weeks of each employee’s actual birthday, with the specific day to be
approved by the employee’s department head.”
Article V, Section 20, “Furlough Days” (new) will be added to the contract as follows:
“Employees will be required to take five unpaid (i.e., furlough) days each calendar year.
Employees shall submit their scheduling request for furlough days by January 31 of each
calendar year. Such days shall be scheduled by the department head, on the basis of seniority,
subject to the operational needs of the department. Where possible, the employee’s desires will
be accommodated. In the event the employee fails to submit a scheduling request, furlough for
that employee will be scheduled by the department head. For 2009, two furlough days will be
scheduled on the same basis by August 15th.”
Article VI, “Wages” will be modified to provide a reduction of 5.94% in wage rates for all
employees, except that the reduction for “Tier 2” employees will be 2%. This pay reduction
shall apply to all book rates and merit pay. It shall not apply to shift differential or Article VI,
Section 6 A and B supplemental payments. A list of job classifications which include Tier 2
employees is attached.
• In the event the 5% pay reduction for management employees is restored in whole or in
part, the same percentage of reduction shall be restored for employees covered by this
agreement.
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• A profit sharing plan shall be created under which each full time employee shall receive
1% of salary in any year in which Globe EBITDA equals or exceeds $10 million.
Payment shall be made to the employee’s 401(k) plan in cash or in stock at the
employer’s option as an employer profit share contribution under Section 401A of the
Internal Revenue Code, notwithstanding Article VIA, Section 6A, hereof.
Article VIA, Section 4, “Expense Reimbursements” shall be modified to eliminate the third
paragraph. The second paragraph shall provide, “The Employer shall compensate the employee
for automobiles only on office assignment at the current IRS approved rate per mile with a
minimum of $.20/mile and a maximum of $.50/mile when such use of the automobile is
authorized by the employer.”
Article VIA, Section 5, “Tuition Reimbursement” first and second paragraphs will be
eliminated. Employees enrolled for spring semester 2009 in courses eligible for tuition
reimbursement will receive payments pursuant to existing contract procedures. The third
paragraph remains unchanged.
Article VIA, Section 6A, “401(a) and (k) plans” will be eliminated in its entirety, except to the
extent that (i) eligible employees may continue to make elective deferrals under Section 401(k)
of the Internal Revenue Code without any employer match, and (ii) the employer makes profit
sharing contributions under Article VI.
Article VIA, Section 8E paragraph 2(d), “Health Insurance” will be modified to eliminate
the following payments to the Taft Hartley Fund effective August 1,2009:
• Subsection 1(a) of $3/shift for each full time shift worked);
• Subsection (b) of $3/shift for each part time shift worked;
• Subsection(e) of $100,000 annually (pro-rated monthly) from the student messenger
wage rate;
• Subsection 3) of $98,000 annually (pro-rated monthly) from FICA savings;
• Subsection 6) effective August 1,2009 through December 31,2009 payment of
$83,333.33 (payable in 5 equal installments of $16,666.67); and
• Subsection 7) effective January 1,2010 and each year thereafter annualized payment of
$200,000 (payable in equal monthly installments of $16,666.67)
• In addition, payment provided in subsection 2(2) from the 1993 Supplemental
Agreement will be reduced from $952,000 annually by $300,000 resulting in a
remaining annualized quid pro quo of $652,000 (payable in equal monthly installments
of $54,333.33).
All listed payments accruing after the date of ratification will cease effective upon ratification.
In addition to the ongoing reduced annual payment of $652,000 from the 1993 Supplemental
Agreement the following payments to the Health Fund will continue:
• subsection 1(c) of $19,102 per month;
• subsection 1(d) of $225,000 annually from the 1984 wage freeze (pro-rated monthly);
• subsection 4 of $1.6 million annually (payable in equal monthly installments of
$133,333.33) from the parties’ 2001-2005 collectived bargaining agreement; and
• subsection 5 of $50,000 annually (payable in equal monthly installments of $4,166.67);
and
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• $17,333/month pension fund diversion.
Article VIA, Section 8E, “Health Insurance” Section 3 – Effective upon ratification, company
paid post age 65 retiree health insurance for employees hired before August 1, 1990 shall be
eliminated for such employees who retire after ratification. The practice of providing early
retiree health insurance for employees hired before August 1, 1990 remains unchanged.
Article VIA, Section 8A and B will be modified to eliminate company paid life insurance for
active and retired employees who retire after date of ratification. Employees who retired before
the date of ratification will continue to qualify for the $5000 retiree death benefit. The final
paragraph of 8(B), which allows employees to purchase life insurance at group rates will remain
unchanged.
Article IX, “Retirement”.
(1) Insert following sentence as a new, final paragraph at the end of the current language of
Section 1, Article IX: “Effective 45 days after the Company sends appropriate notice pursuant to
Section 204(h), no further benefits will accrue to participants in the defined benefit pension plan,
nor will the Globe offer a pension plan to new Guild employees.
(2) Article IX, Section 5, “Contributions”. Delete in its entirety and replace with the following,
“The parties agree that the Plan is and shall remain a defined benefit pension plan and is subject
to minimum funding requirements for such plans in any plan year. The company will maintain
the minimum funding required by law, as determined by the Plan’s actuaries.”
Article XIII, Sections 3A, B and C, “Personal Computers/Eye Care” will be eliminated and
benefits will no longer be provided.
Article XIV, Section 10, “Part Time Life Insurance” will be eliminated and benefits will no
longer be provided.
OTHER PROVISIONS
Retiree Newspaper Subscriptions, side letter of December 15, 1993 will be eliminated. All
current and future retirees will no longer receive free and/or heavily discounted newspaper
subscriptions. This change does not impact the ongoing annual quid pro quo payment of
$60,000 provided in that side letter.
Joint Committee . A joint labor management committee shall be created to review, discuss and
make recommendations concerning the Globe’s business plans for the departments covered by
the Guild contract. The committee shall meet at least quarterly and shall be provided with
relevant information, subject to a confidentiality agreement.
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This Agreement is subject to ratification by the Union membership. It has been signed and
executed by the parties below on this _______day of June, 2009.
Globe Newspaper Company, Inc. Boston Newspaper Guild
Local 31245, TNG-CWA
_______________________________ _______________________
Gregory L. Thornton Daniel B. Totten
Sr.Vice President/Employee Relations President
_______________________________ _____________________________
Harriet E. Gould Scott M. Steeves
Vice President/Employee Relations Vice President
________________________________ _____________________________
Sean P. Keohan Patrice A. Sneyd
Director/Employee Relations Treasurer
________________________________ ______________________________
Richard C. Ford Katherine M. McCabe
Benefits Manager Recording Secretary
______________________________
Kathie-Anne Dalton
At Large
______________________________
Carl F. Younger
At Large
______________________________
James E. Herndon
At Large
93
List of Two-Tier Jobs
Auto Courier
Assistant Cashier
Secretary
Executive Secretary
Clerk
Senior Computer Operator
Computer Operator
Building/Maintenance:
Foreman
Assistant Foreman
Custodian
Facilities Assistant
Receiver
Protective Services: Foreman
Assistant Foreman
Guard
Communications Administrator
Messenger
Telephone Operator
Outside Advertising Salesperson (Print)
Outbound Sales (Print)
Ad Control Unit Supervisor
Sales Support Supervisor
Inside Telephone Salesperson
Sales Coordinator (Print)
Sales Coordinator (Internet)
Production Coordinator
Outside Sales Supervisor
94
SAVINGS WORKSHEET
• 5.94% pay cut (including B.com) $ 2,339,238
• 2% Tier 2 $ 73,159
• Pension Freeze $ 3,229,000
• Elimination of 401A contribution $ 419,972
• Elimination of New Quid $ 200,000
• Elimination of Health Fund FICA $ 98,000
• Elimination of shift contribution to health fund $ 618,698
• F/T vacation accrual (change) $ 250,000
• 5 Furlough days (F/T) – no sunset $ 720,056
• Elimination of student messenger Quid $ 100,000
• Elimination of Eye care expenses $ 19,327
• Elimination of Active employee Life Insurance FT $ 70,000
• Elimination of Retiree death benefit $ 56,000
• Elimination of Part Time Life Insurance $ 2,250
• Elimination of Tuition Reimbursement $ 23,435
• Changes to overtime payments (37.5-40 hrs) $ 168,563
• Elimination of 401K Match $ 648,500
• 3 Unpaid Days (2 vacation days, Birthday holiday) $ 432,000
• Reduction of 1993 Supplemental Agreement Quid $ 300,000
• Elimination of post age 65 retiree health insurance $ 179,000
• Elimination of additional depreciation for business $ 52,500
usage of auto @ $.08/mile
TOTAL $10,000,000
95
November 6, 2006
Daniel B. Totten, President
Boston Newspaper Guild Local 31245
Dear Dan:
The parties agree to establish three separate committees, composed of equal representation from
the Globe and the Guild, which will review on an ongoing basis: 1) advertising performance
management programs, implementation and application to employees; 2) work performed, job
classifications, and pay scales of print and on-line Outside Salespersons. This committee will
also review work performed, job classification and pay scales of print and online Inside
Classified Sales and Internet Sales Coordinators; and 3) editorial department changes resulting
from increased flexibility in assignment of duties and in performance of multimedia platform
work. The committees will be advisory only and will make any mutually agreed upon
recommendations to the Globe.
Very truly yours,
Gregory L. Thornton
AGREED: ____________________
Daniel B. Totten, President
Boston Newspaper Guild Local 31245
96
November 6, 2006
MEMORANDUM OF AGREEMENT
Between
GLOBE NEWSPAPER COMPANY, INC.
And
BOSTON NEWSPAPER GUILD LOCAL 31245
(Re: boston.com Integration )
The Globe Newspaper Company, Inc. (the “Globe”) and Boston Newspaper Guild Local 31245
(the “Guild” or the “Union”) enter into the following agreement which will govern the integration
of certain boston.com employees into the Guild bargaining unit. This Agreement is subject to
ratification and signing by the Union as specified more fully below.
1. Scope of Integration
(a) All boston.com and bostonworks employees in advertising sales and sales support or
content classifications/functions under the control of the Globe’s newsroom as listed in
Exhibit A who are relocated to Morrissey Boulevard and any future hires within those
classifications/functions regardless of work location shall become part of the Guild
bargaining unit and governed by the terms of this Agreement. The names and job
classifications/functions of the employees who are being so relocated at the time of this
Agreement will be attached in Exhibit A.
(b) Other than is provided in paragraph 1 above, the terms of the May 27, 2004 side letter
on Boston Globe Electronic Publishing (pp. 127-128 of the 2001-2005 contract) shall
remain in full force and effect, except the Union agrees not to seek representation of
boston.com employees in job classifications which are not included as part of this
integration agreement for a period through and including December 31, 2008.
Thereafter, the Union will have such rights in accordance with NLRA procedures.
2. Advertising Department Terms and Conditions
a. Performance Management Guidelines — Paragraph 5 of the January 30, 2003
side letter relative to “Outside Advertising Salespersons” will be changed to provide as
follows: “The Globe may terminate any employee classified as an “Outside Advertising
Salesperson”, regardless of hire date or pay structure, for failure to achieve or maintain
reasonable, written minimum sales goals as may be established by the Globe from time to
time in accordance with this paragraph. (i) For all Tier II outside salespersons and those
who become part of the bargaining unit as a result of boston.com integration termination
may result only if such Salesperson has received a prior oral warning and, if sales goals
remain unmet after 45 calendar days from such warning has received 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. (ii) For all Tier I Outside
Salespersons termination may result only if such salesperson has received a prior oral
warning and, if sales goals remain unmet after 60 calendar days from such warning, has
received a written warning. The Salesperson will have at least 30 days after receiving
such written warning to meet such sales goals prior to being subject to a second written
97
warning. Failure to meet sales goals after thirty additional days may result in
termination. A written record will be made of all verbal warnings under this paragraph.
The failure to achieve or maintain reasonable written minimum sales goals, subject to the
progressive discipline outlined above, will constitute just cause for dismissal, and the
provisions of Article III, Section 2 shall not apply to such discipline. “Reasonable sales
goals” may include, but not be limited to, revenue goals, number of new advertisers,
presentation skills, and other measurable indicators of sales performance. The Globe will
inform the Union 30 days prior to the implementation or change in a performance
management program under this section, except that no change may be made which
would shorten the periods between steps of discipline as described herein. This provision
may be implemented immediately upon ratification but no discharge of a Tier I
salesperson (“a grandfathered salesperson”) will occur prior to January 1, 2007.
In the event that 1) the Globe subcontracts the outside sales function [currently
performed by boston.com employees as described in Section 1(a), “Scope of
Agreement”] at any time prior to July 1, 2007; and 2) that subcontracting results in the
downsizing of the integrated boston.com outside salespersons and/or support persons as
listed on Exhibit A (or their successors) to less than 17 salespersons/support persons, this
section of this side letter only shall re-open to discuss what changes, if any, should be
made to this section as it applies to the Tier I salespersons only.
Discipline for reasons other than failure to maintain reasonable sales goals shall be
administered pursuant to Article III, Section 2.
b. Integrated Selling– The current “Cross Selling” side letter as it appears at pp. 119-
121 on the 2001-2005 collective bargaining agreement will be replaced with the letter
entitled, “Integrated Selling” attached as Exhibit B, for all employees covered by this
Agreement who will become part of the Guild bargaining unit. boston.com and/or
bostonworks employees who do not relocate to Morrissey Boulevard and remain out of
the Guild bargaining unit will remain covered by the April 8, 2004 “cross-selling” side
letter which limits ads sales into the Globe by non-Globe employees to “combination
buys.”
c. Whenever a vacancy occurs within the Classified or non-Classified Internet Outside
Salesperson classifications first consideration will be given to qualified applicants from
within the print sales classifications. However, final selection from among all internal
and external applicants will be based on the needs of the newspaper, job requirements
and applicant qualifications as determined by the Employer.
d. Should any print Outside Salesperson’s book of business change to reflect a 2/3
majority of online-only sales for four consecutive months, said salesperson may request a
review by management for the purpose of being considered for an upgrade to one of the
Internet sales classifications. Final decision on such change will be at the discretion of
Globe management.
e. One time payment. Within thirty days following ratification of this Agreement, the
Globe shall make a one time payment of $500 to each Tier 1 outside salesperson and a
one time payment of $380 to each Tier II Outside Salesperson.
98
3. Editorial Terms and Conditions
a. Editorial Flexibility –
(i) create new section, “New England Media Group Assignments” “Bargaining unit
employees in the Editorial Department may be required as part of their assigned duties to
perform editorial department work for any entity which is part of the New England Media
Group (or its successor; subject, however to the understanding that any such work for the
Worcester T & G shall be subject to limitations, if any, in the collective bargaining
agreement covering the Worcester editorial department employees). Time spent on these
multimedia platform duties will be considered in any evaluation of an employee’s
productivity and will be subject to the provisions of Article IV, “Hours of Work and
Overtime”. The Globe will provide employees assigned multimedia platform duties with
the necessary training and equipment to perform them. This provision does not cover
work performed for New England Sports Network (“NESN”) which will continue to be
governed by the parties’ separate agreement relative to such work. Online communication
by editorial department employees, including but not limited to Web log (blog), forum or
electronic bulletin board postings, which are made to a Globe-affiliated web site over
which the Globe extends editorial control and to which the employee posts as part of the
employee’s assigned job duties, shall be subject to the same practice with regard to
indemnification against claims of libel as print communications as may be in effect at the
time of the claim. This practice will not extend to postings to blogs or web sites
unaffiliated with the Globe.”
(ii) Eliminate Article VII, Section 9 “Reporter/Photographer Work” and replace it
with the following: “Bargaining unit employees in the Editorial Department may be
required as part of their assigned duties to perform work that has not historically been
part of their job classification (”ancillary duties”). Such work may include, but not be
limited to, reporters taking photographs or photographers obtaining audio or other written
materials in conjunction with their work. This flexibility is not intended to diminish the
Globe’s ongoing need for professionally trained and experienced photographers whose
primary duty will continue to be taking photographs for the newspaper and other
multimedia platforms. No editorial department employee will be evaluated on or
disciplined for the quality of his/her performance of ancillary duties which are not part of
the employee’s job classification; provided, however that such employees may be
evaluated and disciplined for failure to report facts accurately. Employees will be
expected to carry out such ancillary duties with a reasonable degree of competence. The
Globe will provide employees assigned ancillary duties with the necessary training and
equipment to perform them. The current contractual provision in Article VII, Section 9
in which reporters receive additional compensation for photos on foreign assignments
will be continued.”
4. Integration Terms and Conditions
a. Guild membership- All current employees of boston.com who are in job
classifications covered by the terms of this agreement shall have until January 1,
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2007 to comply with the requirements of Article X, Section 2 of the collective
bargaining agreement.
b. Bargaining unit seniority- (1) All boston.com employees will be classified
into new Guild advertising and editorial department job classifications. (2)
Article III, Section 5(a) shall be modified to provide that employees who become
members of the bargaining unit who have immediate prior service at boston.com
shall be given credit towards bargaining unit seniority for the period of
boston.com employment for all contractual purposes, including benefits.
c. Benefit structure for former boston.com employees- All boston.com
employees that are being integrated into the Guild-represented bargaining unit
shall be covered by the Guild contractual benefit structure, except that they shall
maintain their current vacation weeks’ entitlement but will gain additional weeks
based on the Guild vacation entitlement schedule based on total years of service.
d. Wages- All boston.com employees shall continue to receive their current
salaries (which shall be provided to the Guild at the time this Agreement is
concluded) for the remainder of 2006. Those employees who are eligible for and
earn their New York Times Digital bonus shall be paid such bonus at the time of
payment to other boston.com employees. Effective January 1, 2007 boston.com
employees will be paid pursuant to the new Guild salary schedule for their
position at a step no lower than their current salary. The salary schedules for the
new positions are attached as Exhibit C to this Agreement. Job descriptions for
the newsroom internet positions are attached as Exhibit D and job descriptions for
the internet Outside Salesperson positions are attached as Exhibit E.
e. Quid Pro Quo- The Globe will continue to include $130,000 of the $1.6
million annual quid pro quo provided for under the 2004 Supplemental
Agreement formerly allocated to extension of the “BGEP” agreement so that the
total $1.6 million quid pro quo will be ongoing.
f. Successor Contract Negotiations- The parties will defer to regular successor
contract negotiations the issues of stipends for multimedia duties proposed by the
Guild and changes to Article IV, Section 5, “Scheduling & Shifts” proposed by
the Globe.
g. Advisory Committees- The parties agree to establish three separate
committees, composed of equal representation from the Globe and the Guild,
which will review on an ongoing basis: 1) advertising performance management
programs, implementation and application to employees; 2) work performed, job
classifications, and pay scales of print and on-line Outside Salespersons. This
committee will also review work performed, job classification and pay scales of
print and online Inside Classified Sales and Internet Sales Coordinators; and 3)
editorial department changes resulting from increased flexibility in assignment of
duties and in performance of multimedia platform work. The committees will be
advisory only and will make any mutually agreed upon recommendations to the
Globe.
100
h. Terms and conditions of Guild contract- This Agreement is to become
part of the collective bargaining agreement between the parties. If any conflict or
dispute arises between any of the terms and conditions of this Agreement and any
of the terms of the parties’ collective bargaining agreement, the terms and
conditions of this Agreement shall apply. All other terms and conditions of the
Globe/Guild collective bargaining agreement not addressed herein shall apply to
the boston.com employee classification.
i. Ratification- This Agreement is subject to ratification by the Union’s
membership. The parties hope to reach agreement on a new successor collective
bargaining agreement in the coming weeks. If such agreement is reached by on or
about August 15, 2006 the Union will submit this Agreement together with the
overall agreement for ratification by its membership. Otherwise, in mid-August,
the Union will submit this Agreement separately to its membership for separate
ratification, with full committee recommendation for approval.
Globe Newspaper Company Inc. Boston Newspaper Guild Local 31245
By:_________________________ By:___________________________
Gregory L. Thornton Daniel B. Totten
Senior Vice President/Employee Relations President
101
Exhibit B
August 3, 2006
Mr. Daniel B. Totten, President
Boston Newspaper Guild Local 31245
Re: Advertising Department/Integrated Selling
Dear Dan:
This letter sets forth the agreement between the Globe and the Union concerning integrated
selling initiatives. The purpose of these initiatives is to recognize the need for a multi-media
approach to all advertising sales opportunities which best serve the needs of potential;
advertisers. Accordingly, the Union has agreed that subject to the conditions set forth below: 1)
except as provided in Section 2b of the boston.com integration agreement, employees of any
entity which is within the New York Times Company, including but not limited to entities within
the New England Media Group (“NEMG”) 2) employees of New England Sports Network
(“NESN”) and the Metro may sell advertising material in any category of sales to appear in the
Globe. If, during the life of this contract, the Globe, NEMG or the New York Times Company
purchases an interest in another entity(ies), salespersons from said entity(ies) will be allowed to
engage in integrated selling on an interim basis, subject to any changes made in negotiations for
a successor contract.
Similarly, Advertising Department bargaining unit employees will sell advertising to appear
in/on such other media and will receive credit for the total amount of the sale toward their
respective Globe commission or other incentive programs for such sales. It is understood and
agreed that Article VIII, Section 3(B) will not apply to these non-Globe sales by bargaining unit
employees. Except as provided herein, the Guild’s existing jurisdiction shall remain unchanged.
1) Bargaining unit employees who receive commissions based on sales will have
their revenue goals adjusted from time to time to reflect increased or
decreased opportunity from integrated selling programs.
2) Assignment of accounts that have been serviced by both a Guild-covered
Globe salesperson and a non-Globe salesperson shall be at the discretion of
management, and will be based on the following criteria: frequency and size
of ads; length of relationship between salesperson and client; quality of
relationship between salesperson and client; and other similar professional
considerations.
3) No advertising salespersons from non-Globe entities engaged in selling of the
Globe shall sell Globe advertisements at a lower rate than such ads can be sold
by Globe salespersons.
102
4) No bargaining unit employee will have his/her sales goals adjusted to reflect
integrated selling by persons outside the bargaining unit, unless such
account(s) are thereafter assigned to the bargaining unit employee.
5) The Globe may, from time to time, choose to pay commission or other
financial incentive to bargaining unit employees who have sales generated in
their respective territory as a result of integrated selling performed by non-
Globe bargaining unit employees. This decision(s) will be solely within the
Globe’s discretion.
6) To help Globe salespersons participate in integrated selling, all Globe
salespersons, including Classified Telephone Salespersons, will receive
training in all multi-platform selling skills and information about the non-
Globe products sold as part of an integrated sales approach.
7) This Agreement shall not alter in any way Article VII, Section 16 (Sales
Commission Plans)
8) Any bargaining unit employee involved in the processing and/or production of
advertisements who receives commission or lineage credit for the processing
of such ads, shall receive the same credit/commission whether they are
processing ads sold by Globe employees or by non-Globe employees.
9) No regular full-time Advertising Outside Salesperson or Classified Inside
Telephone Salesperson (employed as of the ratification of the 2001-2005
agreement) shall be laid off as a direct result of selling into the Globe by non-
Globe employees.
10) If there is a lay off of part time Inside Salespersons and/or part time
BostonWorks (Inside Sales and/or Classified Outbound) employees as a direct
result of selling into the Globe by non-Globe employees, the Globe will offer
severance packages to the affected employees as follows:
• Employees with 10 or more years of service of at least 600 hours
in 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 employee paying his/her share of the
premium and the Globe paying to the Fund the remainder of the
premium; 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.
103
• Employees with at least 5 but less than 10 years of service of at
least 600 hours in 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.
• 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.
“Base pay” will be based on the average number of hours worked weekly plus any
commissions for the 12 months preceding the lay off. “Base pay” shall only include pay earned
in a Telephone Sales position.
The Globe will accept volunteers first for the severance package. If there are insufficient
volunteers it will then lay off based on the then current provisions of Article XIV, Sections
1(F) and (G), “Part Time Layoffs”, except as modified by this integrated selling agreement.
Very truly yours,
Gregory L. Thornton
AGREED:________________________
Daniel B. Totten, President
BNG Local 31245
104
Exhibit C
INTERNET POSITIONS JOB CLASSIFICATIONS AND PAY STRUCTURE
CONTENT POSITIONS
1. Photo and Graphics Producer. There will be a 5 step salary structure, plus an
“introductory” step for 2007 only, which drops off the salary structure, effective January
1, 2008. The steps will be for 2007, subject to the negotiated wage increase, if any, for
2008 and thereafter.
Intro. Step 1 Step2 Step3 Step4 Step5
692.30 769.23 846.15 923.08 1000.00 1076.92
2. Content Producer. There will be a 6 step pay scale, with a 7th, “introductory” step
for 2007 only, which drops off the salary scale thereafter. These steps will be for 2007,
subject to the negotiated wage increase, if any, for 2008 and thereafter.
Intro. Step 1 Step2 Step3 Step4 Step5 Step6
692.30 769.23 846.15 923.08 1000.00 1076.92 1163.46
3.Senior Content Producer. There will be a 3 step salary structure. These steps will be
for 2007, subject to the negotiated wage increase, if any, for 2008 and thereafter.
Step1 Step2 Step3
1211.54 1269.23 1319.23
4.Multimedia producer There will be a 2 step salary structure. These steps will be for
2007, subject to the negotiated wage increase, if any, for 2008 and thereafter.
Step1 Step2
1153.85 1250.00
5. Senior Multimedia Producer. There will be a 3 step salary structure. These steps
will be for 2007, subject to the negotiated wage increase, if any, for 2008 and thereafter.
Step1 Step2 Step3
1290.00 1346.15 1396.15
105
ADVERTISING POSITIONS
The following pay structure shall be in effect for Internet Outside Salesperson positions. These
steps will be for 2007, subject to the negotiated wage increase, if any, for 2008 and thereafter.
1.Outside Salesperson/ Step1 Step2 Step3 Step4 Step5
Classified Internet 750.00 775.00 800.00 850.00 900.00
2.Outside Salesperson/ Step1 Step2 Step3 Step4
Non-Classified Internet 1050.00 1100.00 1150.00 $1200.00
*** The employee whose current pay is over the proposed scale will be placed in the top scale
of $1200 and have the difference designated as merit pay.
3.Sales Coordinator Step1 Step2 Step3 Step4
Internet 588.10 656.21 730.48 804.76
106
Exhibit D
Boston.com
Content Job Descriptions
Photo and graphics producer
Crops, sizes, and optimizes photos and graphics chosen by editors or producers for various
sections of Boston.com and the Globe Online. Checks what Globe and wire photos and graphics
are available throughout the day and keeps content producers and editors informed. Builds photo
galleries and processes multimedia offerings from AP and other wire services.
Content producer
Updates sections of Boston.com with Boston Globe newspaper articles and wire service stories,
rewrites breaking news reports from TV and radio, and takes live breaking news reports from
Globe reporters and editors. Selects stories, writes teases, and rewrites headlines. Enhances
articles with photos, photo galleries, message boards, polls, chats, background articles from the
archives, related links to other websites, and multimedia material. Maintains special news
sections to house a series or continuing coverage of an event or issue.
Senior content producer
Performs all of the duties of content producer, but also has primary responsibility for major
sections of Boston.com such as Local News, Business, A&E, Travel, etc. In that role, is
responsible for choosing which stories and photos are displayed on the section fronts, working
closely with Globe editors. Also is responsible for monitoring traffic to the section and looking
for new content and tools to enhance the sections.
Multimedia producer
Writes, records, creates, edits, and produces multimedia features using a multitude of interactive
tools. Works closely with Boston.com and Globe reporters and editors to coordinate news and
sports presentations.
Senior multimedia producer
Performs all of the duties of multimedia producer, but has more skills and experience with
interactive tools and builds more complicated and sophisticated multimedia presentations. Has
primary responsibility for reviewing all multimedia requests and setting priorities in conjunction
with the Globe staff. Also reviews the work of the multimedia producers.
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Exhibit E
Boston.com
Outside Salespersons Job Descriptions
1. Outside Salesperson/Classified Internet. To prospect, pitch, sell and execute online
advertising products for real estate or automotive categories. Knowledge of internet
advertising essential.
2. Outside Salesperson/Non-Classified Internet. To prospect, pitch, sell and execute
online advertising products for major regional display advertising customers. Knowledge
of online advertising and understanding of results measurement is essential.
3. Outside Salesperson/Print. To prospect, pitch, sell and execute print advertising.
Working knowledge of all products in Boston Globe Media suite is essential.
4. Internet Sales Support. Primary responsibility is to support advertisers purchasing
internet-only programs on boston.com and affiliates by coordinating the execution of the
ad creative, traffic and reporting on boston.com. Tasks include, but are not limited to,
ensuring creative is timely received; working with account reps on sales proposals
including powerpoint presentations, traffic updates and inventory status reports; ensuring
sales contracts are complete, and responding to customer service calls.
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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 “Outside Advertising Salespersons”:
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’s 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
109
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’s 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 employee classified as an “Outside Advertising Salesperson”,
regardless of hire date or pay structure, for failure to achieve or maintain reasonable, written
minimum sales goals as may be established by the Globe from time to time in accordance with this
paragraph.
(i) For all Tier II outside salespersons and those who become part of the bargaining unit
as a result of boston.com integration termination may result only if such Salesperson
has received a prior oral warning and, if sales goals remain unmet after 45 calendar
days from such warning has received 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.
(ii) For all Tier I Outside Salespersons termination may result only if such salesperson
has received a prior oral warning and, if sales goals remain unmet after 60 calendar
days from such warning, has received a written warning. The Salesperson will have
at least 30 days after receiving such written warning to meet such sales goals prior to
being subject to a second written warning. Failure to meet sales goals after thirty
additional days may result in termination. A written record will be made of all
verbal warnings under this paragraph.
The failure to achieve or maintain reasonable written minimum sales goals, subject to the
progressive discipline outlined above, will constitute just cause for dismissal, and the provisions of
Article III, Section 2 shall not apply to such discipline. “Reasonable sales goals” may include, but
not be limited to, revenue goals, number of new advertisers, presentation skills, and other
measurable indicators of sales performance. The Globe will inform the Union 30 days prior to the
implementation or change in a performance management program under this section, except that
no change may be made which would shorten the periods between steps of discipline as described
herein. This provision may be implemented immediately upon ratification but no discharge of a
Tier I salesperson (“a grandfathered salesperson”) will occur prior to January 1, 2007.
In the event that 1) the Globe subcontracts the outside sales function [currently performed by
boston.com employees as described in Section 1(a), “Scope of Agreement”] at any time prior to
July 1, 2007; and 2) that subcontracting results in the downsizing of the integrated boston.com
outside salespersons and/or support persons as listed on Exhibit A (or their successors) to less than
17 salespersons/support persons, this section of this side letter only shall re-open to discuss what
changes, if any, should be made to this section as it applies to the Tier I salespersons only.
110
Discipline for reasons other than failure to maintain reasonable sales goals shall be administered
pursuant to Article III, Section 2.
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 “grandfathered Outside Advertising
Salespersons”) 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 “Special Incentive Salespersons”
shall be reclassified as “Outside Advertising Salespersons.” (“New Hires”) For purposes of
Article II, Section 5, “Seniority Defined”, all time spent in the position of “Special Incentive
Salesperson” shall be included for both “bargaining unit seniority” and “classification seniority” 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
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January 6, 2004
Steven P. Richards, President
BNG Local 31245
Re: Side letter on Facilitated Grievance Process
(Article V, Section 2E, “Vacation Scheduling”)
Dear Steve:
This will confirm that the parties have agreed to the following special
grievance/arbitration process for grievances filed pursuant to Article V, Section 2E,
“Vacation Scheduling:
1. Grievances arising under this section shall be filed and heard pursuant to Article XI,
Sections 2(D) and 3.
2. If the grievance is denied, and the Union wishes to facilitate the arbitration process
pursuant to steps 3 through 6 below, the Union shall file for arbitration with the AAA
within 7 days of the Globe’s response. Otherwise, the parties shall follow Article XI,
Section 3 and the AAA’s then Rules for Labor Arbitration.
3. The AAA shall provide the parties with one list of 5 arbitrators, which the parties
must rank in order of preference pursuant to AAA Rules for Labor Arbitrations.
4. The selected arbitrator shall schedule the case promptly but in no event shall it be
scheduled later than 30 days after he/she is selected.
5. The parties may file written closing statements of no more than 10 pages within 3
business days of the close of the hearing.
6. The arbitrator shall issue his/her decision within 3 business days of the close of the
hearing or the filing of written statements, whichever is later.
Very truly yours,
Gregory L. Thornton
AGREED:_____________________
Steven P. Richards, President
BNG Local 31245
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January 6, 2004
Mr. Steven P. Richards, President
Boston Newspaper Guild Local 31245
Re: Transitional (Light) Duty Work Assignments
Dear Steve:
This will confirm that the parties have agreed to the following procedures to allow the
Globe to deploy certain specified employees in other bargaining units who are assigned to
Transitional (Light) Duty pursuant to agreement with their respective unions (“Transitional Duty
Employees) to perform certain non-editorial and non-advertising sales functions within the
jurisdiction of the Guild:
It is understood that the assignment of such work to Transitional Duty Employees will be
in addition to work currently performed, and will not replace shifts filled by bargaining unit
employees when such assignments are made.
The length of such assignments will be no longer than 26 weeks. The BNG shall be
notified at least one week before a function within the jurisdiction of the Guild is first assigned to
a Transitional Duty Employee. The Globe will also contemporaneously provide the Guild with
the names and assignments of employees deployed under this Agreement.
1. The Globe may assign no more than 25 Transitional Duty Employees at any one time to
perform work under this Agreement, with no more than 6 assigned to any one Guild covered
department.
2. No full time or part time employee will be laid off from a job category in which he/she is
employed as long as Transitional Duty Employees are assigned either to that Guild covered
job category or to perform functions which are similar or identical to those performed by
employees in the job category being subject to lay off.
3. No Transitional Duty Employee will be assigned either to a job category, or to perform
functions similar or identical to those performed in a job category, in which full or part time
employees are in lay off status. A part time reduction in hours shall be governed by
paragraph 4 below.
4. Subject to the provisions of paragraph 7 below, if, while Transitional Duty Employees are
working in a department, total part time hours (excluding overtime hours) in that department
are reduced by more than 12% below the level at which part time hours were worked in that
department during the same month of the prior year, the Globe will remove Transitional Duty
Employees from that department during the period that part time hours are so reduced. A
“department” is defined pursuant to Article III, Section 1.
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5. No full time or part time BNG-represented employee shall have his/her schedule or shift
altered against his/her will as a result of a Transitional Duty placement.
6. The Globe will contribute $3.00/shift to the Globe/Guild Taft Hartley Fund for each shift
worked by Transitional Duty Employees under this Agreement in 2004, $4.00/shift for each
such shift in 2005 and $6.00/shift for each such shift in 2006 and each year thereafter.
7. For calendar years 2004 and 2005, the Globe’s deployment of Transitional Duty Employees
in the Globe’s Security Department will not be subject to the provisions of paragraph 4
above. In exchange for the foregoing, the Globe will agree not to lay off any full time
Security Guard who: a) is not otherwise Job Guaranteed and b) is employed in a full time
position effective with the implementation of this agreement for the period beginning with
the implementation of this agreement and ending December 31, 2005.
It is understood that work so assigned will remain within the exclusive jurisdiction of the Boston
Newspaper Guild, subject to its interim assignment to Transitional Duty Employees.
Very truly yours,
Gregory L. Thornton
AGREED:
Steven P. Richards, President
BNG Local 31245
114
April 8, 2004
Mr. Steven P. Richards, President
Boston Newspaper Guild Local 31245
Re: Advertising Department/Strategic Cross-Selling Initiatives
Dear Steve:
This letter sets forth the agreement between the Globe and the Union concerning advertising
cross selling initiatives. The purpose of these initiatives is to expand the Globe’s advertising base
by creating new sales opportunities without diminishing such opportunities for the bargaining
unit sales force. Accordingly, the Union has agreed that subject to the conditions set forth below:
1) employees of any entity which is within the New York Times Company, including but not
limited to entities within the New England Newspaper Group (“NENG”) as listed on the attached
Exhibit A and 2) employees of New England Sports Network (“NESN”) may sell advertising
material in any category of sales to appear in the Globe. If, during the life of this contract, the
Globe, NENG or the New York Times Company purchases an interest in another entity(ies),
salespersons from said entity(ies) will be allowed to engage in cross-selling on an interim basis,
subject to any changes made in negotiations for a successor contract.
Similarly, Advertising Department bargaining unit employees will sell advertising to appear
in/on such other media and will receive credit for the total amount of the combination sale
toward their respective Globe commission programs for such sales. The “total amount of the
combination sale” is net of any customarily deducted expenses, such as the cost of mail from
GSP direct mail sales. It is understood and agreed that Article VIII, Section 3(B) will not apply
to these non-Globe sales by bargaining unit employees; however, Article VIII, Section 3(B) will
continue to apply to Globe sales by bargaining unit employees. Except as provided herein, the
Guild’s existing jurisdiction shall remain unchanged.
All such cross selling will be subject to the following conditions:
1) Sales will be based on combination buys, in which the Globe is included as
one of the media purchased. A mechanism will be in place to clearly identify
such ads as part of the ordering process.
2) Bargaining unit employees who receive commissions based on sales will have
their revenue goals adjusted from time to time to reflect increased or
decreased opportunity from cross selling programs.
3) Assignment of accounts that have been serviced by both a Guild-covered
Globe salesperson and a non-Globe salesperson shall be at the discretion of
management, and will be based on the following criteria: frequency and size
of ads; length of relationship between salesperson and client; quality of
relationship between salesperson and client; and other similar professional
considerations.
115
4) No bargaining unit employee will have his/her sales goals adjusted to reflect
combination cross-selling by persons outside the bargaining unit, unless such
account(s) are thereafter assigned to the bargaining unit employee for crossselling.
5) The Globe may, from time to time, choose to pay commission or other
financial incentive to bargaining unit employees who have sales generated in
their respective territory as a result of cross selling performed by non-Globe
bargaining unit employees. This decision(s) will be solely within the Globe’s
discretion.
6) No advertising salespersons from entities engaged in combination cross
selling of the Globe shall sell Globe advertisements at a lower rate than such
combination ads can be sold by Globe salespersons.
7) To help Globe salespersons participate in cross selling, all Globe salespersons,
including Classified Telephone Salespersons, will receive training in crossselling
skills and, as necessary, information about the non-Globe products sold
in combination by the Globe.
8) This Agreement shall not alter in any way Article VII, Section 16 (Sales
Commission Plans)
9) Any bargaining unit employee involved in the processing and/or production of
advertisements who receives commission or lineage credit for the processing
of such ads, shall receive the same credit/commission whether they are
processing ads sold by Globe employees or by non-Globe employees.
10)No regular full-time Advertising Outside Salesperson or Classified Inside
Telephone Salesperson (employed as of the ratification of this agreement)
shall be laid off as a direct result of cross-selling into the Globe by non-Globe
employees
11) For the life of this contract, no part time Advertising Outside Salesperson or
part time Classified Telephone Salesperson who as of January 1, 2005 has
either (i) 10 or more years of credited pension service, or (ii) 20 or more years
of uninterrupted service, shall be laid off as a direct result of cross selling into
the Globe by non Globe employees. The names of those employees are
attached as Exhibit B to this side letter.
12)Other than as provided in Section 11 above, if there is a lay off of part time
Inside Salespersons and/or part time BostonWorks (Inside Sales and/or
Classified Outbound) employees as a direct result of cross selling into the
Globe by non-Globe employees, the Globe will offer severance packages to
the affected employees as follows:
• Employees with 10 or more years of service of at least 600 hours
in 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 employee paying his/her share of the
premium and the Globe paying to the Fund the remainder of the
premium; employees with 10 or more years of service who fail in
any of those years to meet the 600 hour threshold will be eligible
116
for three (3) months’ base pay plus continuation of health
insurance, (if currently on the Plan), for three (3) months.
• Employees with at least 5 but less than 10 years of service of at
least 600 hours in 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.
• 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.
“Base pay” will be based on the average number of hours worked weekly plus any
commissions for the 12 months preceding the lay off. “Base pay” shall only include pay earned
in a Telephone Sales position.
The Globe will accept volunteers first for the severance package. If there are insufficient
volunteers it will then lay off based on the then current provisions of Article XIV, Sections 1(F)
and (G), “Part Time Layoffs”, except as modified by this cross-selling agreement.
The Globe will allocate for this “Cross Selling” Agreement, no less than $150,000 of the
total overall quid pro quo negotiated by the parties, to be paid annually pro rated from date of
signing of the overall contract.
Very truly yours,
Gregory L. Thornton
AGREED:________________________
Steven P. Richards, President
BNG Local 31245
117
Exhibit A
The following are the entities, which comprise the New York Times Company:
A. The New York Times Newspaper Group
• The New York Times
• International Herald Tribune
• New York Times Television
B. New England Newspaper Group
• The Boston Globe
• The Worcester T & G
C. Regional Newspaper Group
• Sarasota Herald-Tribune
Sarasota, FL
• The Press Democrat
Santa Rosa, CA
• The Ledger
Lakeland, FL
• Star-News
Wilmington
• Herald-Journal
Spartanburg, SC
• The Gainesville Sun
Gainesville, FL
• Star-Banner
Ocala, FL
• The Tuscaloosa News
Tuscaloosa, AL
• Times Daily
Florence, AL
• The Gadsden Times
Gadsden, AL
• Times-News
Hendersonville, NC
• The Courier
Houma, LA
118
• The Dispatch
Lexington, N
• Daily Comet
Thibodaux, LA
• Petaluma Argus-Courier
Petaluma, CA
D. Broadcast Group
• CBS
WREG (Memphis, Tenn), WTKR (Norfolk, VA), WHNT
(Huntsville, Ala), KFSM (Ft. Smith, Ark)
• NBC
KFOR (Oklahoma City, Okla), WHO (Des Moines, Iowa)
• ABC
WNEP (Wilkes-Barre/Scranton, Penn)
WQAD (Moline, Ill)
WQXR 96.3 FM and WQEW 1560 AM (New York, NY)
E. New York Times Digital
• New York Times On The Web
• boston.com
119
Exhibit B
The following are the part-time Advertising Department salespersons with either 10 years
of credited pension service as of January 1, 2005 or 20 years of continuous employment:
Jeanne Ann Shimkus
Anne K Alcott
Jean L Behenna
Margaret E. Sullivan
Margaret P. Divenuti
Nancy M. Carr
Kathleen M. Ford
Nancy D. Jones
Maureen A. Oriola
Joan T. Mahoney
Carol A. Larkin
Teresa F. Conley
Terry J. Holden
Jane M. Byrne
Dianne M. Fleming.
Carolyn M. Powell
Claudia J. Watkins
E.A. Kurkjian-Henry
Loretta M. Mitchell
Barbara E. Sullivan
Alma R. Heffernan
Marguerite M. Courage
Catherine A. Sheedy
Sandra L. Erickson
Susan M. Roan
Kathleen O’Brien
Joanne Hall
Carolyn Sullivan
Karen J. Putnam
120
June 15, 2004
Steven P. Richards, President
BNG Local 31245
Re: Interpretation of “Deference”
Dear Steve:
This will confirm that the parties have agreed that the term “deference” in Article III,
Section 1(B) shall be interpreted in any arbitration under this section as follows: The Globe shall
show by specific evidence that relates to the capacity to perform the job in question, that the
junior employee is superior, and the decision to bypass the senior employee was made in good
faith. Unless the Union can show the Globe did not establish the superior capacity of the junior
employee, or that the Globe’s decision to bypass the senior employee was not made in good faith
but rather was based on Union activity, salary level, or other protected status, then management’s
determination shall be upheld.
Very truly yours,
Gregory L. Thornton
AGREED:
Steven P. Richards
President BNG 31245
121
April 21, 1999
MEMORANDUM OF AGREEMENT
Between
GLOBE NEWSPAPER COMPANY, INC.
and
BNG/TNG-CWA LOCAL 31245
(Imaging Center)
Globe Newspaper Company, Inc. (the “Globe”) and BNG/TNG-CWA Local 31245 (the
“BNG”) enter into this Memorandum of Agreement to set forth the terms governing the Globe’s
establishment of an Imaging Center as follows:
1. As a result of technological changes in the workplace and to help ensure
consistent quality of production, the Globe may establish an “Imaging Center” in which both
black and white and color photographs will be processed for the newspaper (“imaging work”).
This imaging work includes that work which was previously performed in the Sci-tex
Department as well as that performed in the Editorial Photo Department. Specifically, this
imaging work currently includes the receiving of photos and reflective material (e.g., line art and
hard copy photos) from a variety of sources, the scanning of such material and the conversion to
either gray scale for black and white images or to a “cmyk” scale using color separation
techniques for color images. It is understood that this imaging work may change in the future
given the constant changing technology.
2. Both BNG bargaining unit employees (primarily Imaging Technicians) and
employees represented by other Globe unions will share and be able to interchangeably perform
all imaging work performed in the Imaging Center, except that only BNG employees will
perform work that requires editorial judgments or decisions. This editorial work includes, but is
not limited to, caption writing, in house photography and film editing. BNG technicians will be
trained in color correction, and will continue training and participating in advances in digital
imaging and the resultant workflow (i.e. the increased use of digital cameras). All employees
working in the Imaging Center, regardless of bargaining unit, will be appropriately trained as the
changing technology requires, except only BNG employees will be trained for the above
described work requiring editorial judgments or decisions.
3. It is understood that all imaging work which has been historically within the
exclusive jurisdiction of the BNG shall remain as such subject only to the work sharing
described in this agreement.
4. The Globe agrees that no named current part time BNG Imaging Technician shall
be laid off as a direct result of the merging of work nor shall an Engraving Department substitute
employee be employed in the Imaging Center to reduce the hours otherwise worked by the
named current part time Imaging Technicians. If during the life of this agreement either or both
of the named current part time Imaging Technicians become full time Imaging Technicians,
he/they shall be protected from lay off for the duration of this Agreement and as long as he/they
remain full time Imaging Technicians. In addition, the one current full time Imaging technician
who does not have a job guarantee will be added to the Job Security List.
122
5. All BNG Imaging Technicians will maintain their BNG bargaining unit
contractual rights, including but not limited to seniority separately from that of employees in
other bargaining units working in the Imaging Center. Such separate bargaining unit seniority
will be used for shift scheduling, holiday scheduling and vacation scheduling as is otherwise
provided in Article III, Section 5 of the collective bargaining agreement.
6. The Globe and the Union shall form a committee, composed of three persons for
each party, which shall meet upon request of either party to review the implementation of the
shared Imaging Center and discuss any questions or concerns arising from its ongoing operation.
The committee shall refer any agreed upon recommendations to the Globe and the Union.
7. This Agreement shall survive this collective bargaining agreement and shall
continue in effect as long as the shared work arrangement in the Imaging Center continues. The
Globe shall give the Union at least thirty (30) days notice if ever it plans to discontinue the
shared work arrangement in the Imaging Center. The parties shall then meet to discuss the
effects of the termination of this Agreement. Furthermore, if either party so desires, it may
propose changes to this Agreement at the conclusion of the successor collective bargaining
agreement to the one currently under negotiation (covering 1998-2000) and such proposed
changes shall be included in the overall negotiations for such successor contract.
Globe Newspaper Company, Inc. BNG TNG-CWA Local 31245
123
April 21, 1999
Robert A. Jordan, President
BNG/TNG-CWA Local 31245
RE: Purchase of New Photography Equipment
Dear Bob:
This will confirm that the Globe has agreed to continue the current practice whereby full
time and regular part time photographers are eligible for payments of up to $2500.00 annually
for the purchase of new photo equipment needed for the performance of their Globe job. Any
unused annual photo allowance amount may be banked by each photographer for use in any
subsequent year(s) for up to five (5) years on a rolling basis. All purchases must be approved in
advance by the department head.
Very truly yours,
Gregory L. Thornton
124
April 21, 1999
Robert A. Jordan, President
BNG, Local 245 TNG
RE: Additional Exempt Confidential Secretaries
Dear Bob:
This will confirm that the parties have agreed that the cap of nine (9) Confidential
Secretaries as provided for in our Unit Clarification Settlement Agreement shall be increased to
fourteen (14) such secretaries to be excluded from the unit. The Globe agrees that no current
secretary who is employed in a bargaining unit secretarial position which the Globe chooses to
make exempt under this proposal shall be required to become exempt, nor shall he/she be
required to transfer from his/her current position.
The Globe annually shall furnish the Union with a list of those employees (including
titles of exempt managers and/or departments for whom they currently perform duties).
Very truly yours,
Gregory L. Thornton
Agreed: ___________________
BNG/TNG-CWA Local 31245
125
January 28, 1997
Robert A. Jordan, President
Boston Globe Employees Association, Local 245/TNG
RE: 401(a) Administrative Costs
Dear Bob,
This will confirm that the parties have agreed that administrative costs for the Globe 401(a)
contribution (pursuant to Article VIA, Section 6A) will be paid as follows: In 1997, up to $7500
will be deducted from the Union’s quid pro quo for 1997 to fund these additional expenses.
Thereafter, the Globe will pay a maximum of up to $5000 in additional administrative costs for
the 401(a) contribution activity only based on the difference between 1996 actual plan
administration costs and the charges in those subsequent years for the same level of
administrative services as in 1996, which will also be included in the 401(a) offset calculation in
Article IX, Section 5D.
Very truly yours,
Gregory L. Thornton
126
MEMORANDUM OF AGREEMENT
between
GLOBE NEWSPAPER COMPANY
and
BOSTON GLOBE EMPLOYEES ASSOCIATION
LOCAL 245, TNG
(INSIDE SALES)
This Memorandum of Agreement is made and entered into between the Globe Newspaper
Company (the “Globe”) and the Boston Globe Employees Association, Local 245, TNG (the
“BNG”). This Agreement is to become a part of the successor collective bargaining agreement
currently being negotiated and will supplement the terms of the Globe July 16, 1995 Final Offer
and Posted Conditions covering the Inside Sales Department as follows:
The parties agree that this Memorandum of Agreement supersedes the current two
sideletters entitled, “Inside Sales Department” and “New Advertising Department Job
Classifications” to the extent they are inconsistent with the following provisions.
1. All current (by-name) full and part-time Inside Salespersons (“the grandfathered Inside
Salespersons”) will be guaranteed their current (as of January 1, 1997) wage rate plus future
negotiated salary increases, if any, equivalent to those negotiated for the entire bargaining
unit for the next ten (10) years (beginning January 1, 1998 through December 31, 2007),
provided they are in the Inside Salesperson position. Subject to the foregoing, after the
passage of the ten year period, the issue of wage rates for these named Inside Salespersons
will be included in the overall collective bargaining process. This is not a guarantee of
hours or work unless otherwise specified in the parties’ agreement.
2. The Globe may hire new full-time and part-time Inside Salespersons for “outbound calling”
at the same rate of pay as the Special Projects Group (currently $462.49/1st year to
$520.30/4th year). The Globe may also hire new full-time and part-time Classified Inbound
Salespersons (currently includes major account group, core account, and customer service
groups) at the rate of $550/wk 1st year, $575/2nd year, $600/3rd year and $625/wk 4th year.
The Globe shall have the right to and will establish commission/incentive programs
consistent with contractual provisions for these new job categories which will be higher than
that paid to the “grandfathered” salespersons. The Commission Program for Classified
Outbound will be structured such that there is an incentive for a reasonably successful
outbound salesperson to earn a total of $20.00 to $25.00 an hour (salary plus commission
combined). This specific provision is not subject to renegotiation through December 31,
2007, except that negotiated wage increases will be applied to the respective rates
(beginning January 1, 1998).
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For five years, new full-time employees may only be hired on a one-for-one replacement
basis for grandfathered full-time employees who are attrited from the Inside Sales position.
Attrition will be defined to include those persons who voluntarily resign from their Inside
Salesperson position because of retirement, buyout, or who voluntarily leave the Globe’s
employ or who voluntarily take a position other than Inside Salesperson within the Globe. It
shall also include termination for just cause and death and employees who are on either
Worker’s Compensation or LTD for twelve months or longer. Employees out on Workers
Comp or LTD may return to their Inside Salesperson’s position as would otherwise be the
case. Such employees will return to their grandfathered status. Voluntary transfers of fulltime
grandfathered Inside Sales people to Classified Outbound will also count toward this
attrition. After five years, there shall be no cap on new full-time hires.
3. Volunteers from the grandfathered part-time Inside Sales will be offered first opportunity to
work in the Classified Outbound group. The Globe will have the right to select those it
deems potentially qualified to perform the work. The selection will not be arbitrable. The
Globe will guarantee a minimum of 20 hrs./wk. at their current pay rate ($25.63/hr.- top
scale) which will be frozen until the new outbound two-tier rate catches up to the frozen
rate. Any full-time grandfathered Inside Salesperson who transferred to Classified
Outbound would be paid at the current pay rate ($961.26/wk. – top scale) which would be
frozen until the outbound two-tier rate caught up. The Globe will establish a commission
structure based on that in effect for the Special Projects Group (with the higher frozen pay
differential as an offset against commissions). Any grandfathered Inside Telephone
Salesperson who is selected to fill a Classified Outbound position may return or be returned
to Inside Sales if either the employee or the Globe so chooses during the first six months of
employment in Classified Outbound Sales. Such employee shall return to his/her previous
job and the rate of pay shall be as though the employee had not left. There shall be no break
in continuity of service for such employees.
New hires in Classified Outbound shall have a probationary period of six months.
Discharges during this period shall not be subject to review by the Union. The Globe may
terminate any Classified Outbound Salesperson who did not transfer from Inside Sales for
failure to maintain reasonable, written minimum sales goals as established by the Globe.
Such failure will constitute just cause for dismissal. No full-time Classified Outbound
Salesperson who was promoted from part-time status shall be terminated for failure to
maintain reasonable sales goals without first being given one (1) written warning. Any
transferred Inside Salesperson who fails to meet such goals will be returned to his/her
former part-time or full-time Inside Sales position.
The Globe may change its written Classified Outbound Sales goals from time to time. Upon
request, the Globe will provide those minimum goals to the Union. A Classified Outbound
Salesperson, after his/her probationary period, will have at least 30 working days to meet
such minimum goals prior to being subject to discharge.
4. Pursuant to Article XIV, Sections (f) and (G) grandfathered part-time Inside Salespersons
will be notified three (3) weeks in advance of a total lay-off (as defined by having no shifts
available for four (4) or more weeks). They will have one (1) week to notify the Globe if
they wish to bump any part-time Advertising clerk (Inside and Outside Sales), including but
not limited to those paid marketplace adjusted wage rates, with less Globe seniority (defined
as years of actual Globe bargaining unit service). They will receive all necessary training
during the next two (2) weeks, during which they would have to demonstrate they are
capable of performing the work for which they have been trained. This training will be done
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on scheduled work time. They would be paid at the then current rate of pay for
grandfathered Inside Salespersons which would be frozen until the highest two-tier clerical
rate caught up to their frozen rate, which would then move forward. They would have the
right to revert to part-time Inside Salesperson position as they became available at the
grandfathered rate for then guaranteed Inside Salespersons. The Globe will make a
reasonable effort to make available computer training as would be needed for these
positions and to perform substitution under paragraph (5) below, provided such training is
done on the Inside Salesperson’s own time.
5. The one non-guaranteed full-time Inside Salesperson, Mary Bentson, will be added to the
list of job guaranteed employees (Exhibit A to the expired contract) when and if a job
guaranteed full-time Inside Salesperson is removed from the list for any reason (resignation,
death, etc.), provided she is employed as a full-time Inside Salesperson. If before she is
added to the list, there is a lay-off situation she would be able to bump another nonguaranteed
Advertising full-time clerk, provided she had more bargaining unit seniority, and
subject to the same notice and training period provisions as in paragraph 4 above. She would
be paid at her current Inside Salesperson rate which would be frozen until the top rate for
her two-tier clerical position caught up, which would then move forward. She would have
the right to revert to Inside Salesperson full-time position if one becomes available at the
then Inside Salesperson guaranteed rate.
6. The Globe will offer the grandfathered part-time Inside Salespersons the opportunity to
substitute for fifty percent (50%) of all replaced absences of Advertising clerks (Inside and
Outside) as averaged over a calendar year’s period subject to the following guidelines: a) the
Globe maintains its right to determine if all (or part) of an absence is to be covered; b) the
Globe has right to select which part-time Salespersons will be offered substitution
opportunity based upon their skills and ability to perform the substitute work (the Globe will
distribute the opportunities in a reasonably equitable manner with due regard to seniority
except in those cases in which skill and ability are relatively equivalent, seniority shall
prevail); c) the Salesperson will be paid at the top two-tier clerk rate plus Ten Dollars
($10.00) per each shift worked; and d) the Salesperson may perform Inside Salesperson
work for one or more shifts per week at her guaranteed Inside Salesperson rate of pay as
necessary and as scheduled by the department. All offered substitution opportunities, even
if rejected, will count toward the fifty percent (50%) obligation. The Globe will supply the
Union with data which tracks such substitute opportunities and review it with the Union
every six months.
7. The Globe will first offer the grandfathered part-time Inside Salespersons the opportunity to
substitute for all replaced absences of full-time Inside Salespersons, subject to the Globe’s
right to determine if all (or part) of an absence is to be covered. If no grandfathered parttimers
are available to substitute, newly hired part-timers will then be offered the
opportunity.
8. Effective upon signing and ratification, for a twenty-four (24) month period, for any week in
which a name part-time Inside Salesperson’s work opportunities fall below twelve (12)
hours per week, the Globe will pay them the difference in their actual hours and the pay for
twelve (12) hours up to One Hundred Dollars each week up to a maximum of $2,500/year
per employee for a maximum of $5,000 total per employee.
It is understood that the term “work opportunities” includes not only work offered within
Inside Sales but all work offered under Paragraph (6) of the Agreement.
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These payments shall not be made for weeks which are part of the annual seasonal downturn
(defined as the week after Thanksgiving through the last week of December) nor shall it
apply to a significant downturn in Classified advertising linage as a result of business
conditions (defined as at least a twenty percent decrease in total Sunday Classified Ad pages
compared to the prior year over at least an eight week consecutive period).
9. No newly hired part-time Inside Salesperson will be offered one (1) or more work
opportunities per week unless all grandfathered part-time Inside Salespersons have first
been offered at least two (2) work opportunities per week, of at least six (6) hours each, and
up to seven and a half hours, exclusive of overtime. All offered opportunities, even if not
accepted, will count toward the foregoing requirement. These work opportunities will be
offered based on seniority among the grandfathered part-time Inside Salespersons as is the
current practice. In no event shall a newly hired part-time Inside Salesperson be offered
more hours in a week than the least senior grandfathered part-timers. Seniority shall prevail
for work opportunities offered beyond two (2) per week to any part-time Inside Salesperson
and for all work opportunities offered to newly hired Inside Salespersons. This section is
intended only to provide an assurance of priority of allocation of available work
opportunities.
10. The Globe will continue to make available the following full shifts for the grandfathered
part-time Inside Salespersons for the time periods as follows: a) no less than 8 shifts
Thursday night , 3 shifts Saturday and 3 shifts Sunday for the remainder of 1997; b) no less
than 4 shifts Thursday night , 3 shifts Saturday and 3 shifts Sunday for 1998; and c) no less
than 2 shifts Thursday night , 3 shifts Saturday and 3 shifts Sunday for the remainder of the
successor contract to the one currently being negotiated.
Grandfathered part-time employees who currently work on either Thursday night, Saturday
or Sunday as their first scheduled work opportunity who do not get offered one of those
shifts as their first scheduled work opportunity will be offered one Inside Salesperson full
shift work opportunity on a different shift as their first scheduled work opportunity.
11. The parties recognize that the primary responsibility of Inside Classified Salespersons is to
generate advertising revenue through the telephone sales and service of advertising
accounts. The parties further recognize that the functions of the Advertising Clerks and/or
Production Coordinators as outlined in the attached Appendix A are to provide support to
the Inside Classified Salespersons. In the future, if the Union believes that any specific
Globe assignment(s) of work violates the terms of Appendix A, it may grieve and arbitrate
those assignments pursuant to the parties’ grievance and arbitration procedure.
12. The Globe may establish basic minimum performance standards for all Inside Classified
Salespersons provided such standards are reasonable. Immediately following ratification,
the parties will form a joint “performance standards” committee with three representatives
from the Inside Sales department staff and three members of Advertising management. That
committee will have ninety days to formulate performance standards. If the joint committee
reaches agreement on standards during this period, the parties shall recommend approval of
their agreement to the Globe and BNG Negotiating Committees. If by the end of the 90 day
period the parties are unable to agree on the proposed standards, the Globe shall have the
right to implement the standards it deems to be reasonable. The Union may refer the issue
of the reasonableness of the standards adopted by the Globe to the parties’ grievancearbitration
procedure based on this memorandum and Article VIII, Section 8. The Globe
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may not use the proposed standards for purposes of progressive discipline for a period 9
months from the date they are implemented or until January 1, 1998 whichever is later,
unless an arbitrator rules on their reasonableness prior to either of those dates. During this
time the Globe may use its proposed standards for all other purposes, including
commission/incentive programs pursuant to Article VII, Section 16 and for working with
employees during this period to help them reach the standards. The Globe agrees that the
minimum performance standards under which employees will be eligible for a commission
will be higher than those under which they maintain a minimum level of acceptable
performance.. The committee will also continue to meet during the above period to review
the standards and the employees progress in meeting the standards. The application of such
standards for commission/incentive programs shall not be subject to arbitration under this
Section.
Following implementation of the performance standards, the performance standards
committee shall, on a monthly basis, review employee performance results, whether the
standards were reasonable for the month given current business conditions, and whether any
exceptions are appropriate for failure to reach the standards for any individual employees
based on circumstances during that month. On matters that the performance standards
committee reaches consensus, its decisions shall be binding. On matters where agreement is
not reached, any recommendations to management shall be advisory only.
In the future, the Globe may propose changes in these standards provided such changes are
reasonable. If the Union views any Globe change as unreasonable, the above joint
committee shall meet to review such proposed changes for a period of 60 days. If the
parties cannot agree on the Globe’s proposed standards, the Globe may implement the
changes it deems to be reasonable. The Globe may not implement significant changes to
performance standards more frequently than every six (6) months. The Union may refer the
issue of the reasonableness of the standards to the parties’ grievance and arbitration
procedure.
The parties further mutually agree that in order to facilitate completion of any arbitration
under this memorandum that the matter will take precedence in scheduling over all other
pending matters and that the matter shall be scheduled for multiple days to avoid undue
delay on scheduling. The arbitrator shall have the authority to rule whether the Globe’s
standards are reasonable but not to set the standards for the Inside Classified Salespersons.
Factors to be considered in determining “reasonableness” include, but are not limited to:
major metropolitan newspapers which measure the performance of employees performing
telephone sales duties where the mix of duties and classified telephone sales operations are
similar to those in the Globe, whether the standards create an excessive work load and the
prior practice in the department. The newspapers used for such comparison are limited to
those included in the attached Exhibit A. However, inclusion in Exhibit A does not
establish that the newspapers have such standards, nor that the mix of duties and department
operations are similar to those in the Globe.
This provision is without precedent or prejudice to either party and may not be used in any
proceeding not involving Inside Sales performance standards.
13. The parties agree to deem resolved all pending grievances involving Inside Sales issue,
including the multi-column ad arbitration, in a manner consistent with the terms of this
Agreement, including but not limited to paragraph 10 (above) and Appendix A. This does
not include individual grievances such as discipline matters.
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14. The following provisions of this Agreement do not contain specific terms of duration and
shall be subject to renegotiation at the end of the successor collective bargaining agreement
to the collective bargaining agreement currently being negotiated: Section 3, para. 2 and 3;
Section 4; Section 5; Section 6; Section 7; Section 9; Section 11 and Section 12. All other
sections shall be in effect for their respective duration.
GLOBE NEWSPAPER COMPANY
BOSTON GLOBE EMPLOYEES ASSOCIATION
LOCAL 245, TNG
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SUPPLEMENTAL AGREEMENT
I. Job Guarantee
The Globe agrees that those full-time employees on the payroll prior to January 1, 1992,
whose names appear in Exhibit A to this Agreement, will not be subject to a layoff. This job
guarantee will not extend to employees hired subsequent to January 1, 1992. The named
employees listed below may, however, be discharged for just cause and will also be removed
from the job guarantee list upon resignation, retirement, abandonment of job or death. This
job guarantee does not preclude the Globe from eliminating or consolidating jobs or positions
as provided for in the parties’ collective bargaining agreement. A transfer to other available
work, with no loss of pay, shall not be considered a layoff.
In the event the Globe permanently ceases publication, the above guarantee will thereupon
cease and, provided further, in the event of an “Act of God” or strike by or a lockout of
another union(s) with whom the Globe has a collective bargaining agreement that results in a
period of temporary suspension of the Globe’s operation, this job guarantee will be
suspended for such period of temporary suspension only; and provided, further, in the case
of strike by the Boston Globe Employees Association against the Globe, this job guarantee
will cease during the strike but will be reinstated for those persons on the job guarantee list
who return to work to available positions after the strike has ended, pursuant to both parties’
rights under the National Labor Relations Act.
In the event of a dramatic and apparently irreversible downturn in the Globe’s business,
placing in jeopardy the continued existence or survival of the Globe, the parties will meet to
discuss what reductions, if any, are necessary to this no-layoff list. During the discussion
period, the Employer will provide to the Union a “top-line” summary of its current financial
condition and its market and economic projections upon which it bases its need to request the
reduction. These discussions, which will not exceed thirty (30) days, may include
consideration of possible alternatives proposed by the Union to reduce labor costs other than
through reductions to the no-layoff list. If the parties cannot reach agreement, it will be
subject to binding arbitration for resolution, and the arbitrator will not be strictly bound by
the no-layoff provisions of this Supplemental Agreement and will be empowered to make
equitable adjustments as appropriate. The arbitrator shall also be empowered to require the
Globe to submit its financial records to an independent accounting firm (limited to one of the
“Big Six” that has not been retained in an auditing function for the Globe in the last ten
years) solely to verify the bona fides of the Globe’s financial representations as provided to
the Union. The independent accountant shall share its conclusions and findings (but not the
Company’s financial back-up data) with the arbitrator, the Union and the Company.
However, the arbitrator, upon request, shall have confidential access through the independent
accountant to any specific financial back-up data provided by the Globe. However, no layoff
of the named employees on the list attached to this supplemental agreement may be made
(unless mutually agreed upon) prior to the arbitration ruling on such equitable adjustments.
The arbitrator may also consider any of the alternatives presented by the Union as a
resolution or rule that no reductions to the list are appropriate.
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SUPPLEMENTAL AGREEMENT
II. Marketplace Wage Adjusted Classifications
1) All employees currently employed in the attached marketplace wage adjusted
classifications (whose names appear in the attached Exhibit B) shall retain the difference
between the 1987 – 1990 contract book rate for their position and the new marketplace
wage adjusted rates for that position and have it converted to “differential merit pay.” No
differential merit pay shall be lost or reduced while the employee remains in the
marketplace wage adjusted classification as listed in Exhibit B or transfers into any other
marketplace wage adjusted classification. Differential merit pay will not be carried when
an employee moves into a job classification not included among the marketplace wage
adjusted classifications.
2) All named employees who are not at the top step for their respective job classifications
shall, on their anniversary date, receive additional differential merit pay which shall be
the difference between the 1987 – 1990 contract book rate for their next step and the next
step rate under the adjusted contract rate for that classification.
3) Those monies retained as differential merit pay shall be increased by the same percentage
equivalent as the yearly general increases that are negotiated in the future and that are
applied to the top scale for each job classification in the future, starting with the general
increase that will be effective January 1, 1993.
4) An employee who transfers out of a marketplace wage adjusted classification (as per the
attached list) into a non-marketplace wage adjusted classification shall be paid in his/her
new classification at the pay level next higher than his/her current rate of pay, including
differential merit pay, and shall advance from there.
5) All part-time employees currently employed in the attached marketplace wage adjusted
classifications (whose names appear in the attached Exhibit C) will be grandfathered at
their current hourly rate of pay. Such part-time employees shall have that rate increased
by the amount of all negotiated future contractual pay increases so long as they remain in
that specific marketplace wage adjusted classification. Any such part-time employee
who becomes full time will be paid at the marketplace wage adjusted rate for that
classification but will receive all contractual benefits to which full-time employees are
otherwise entitled.
6) Merit differential pay shall be included in calculating all contributions to and benefits
payable under pension, life insurance and disability insurance programs.
III. Quid Pro Quo
A. Annualized Payments
In exchange for the Union’s agreement to certain changes in the Collective Bargaining
Agreement as listed below, pro-rated from the date of signing the Globe agrees to pay an
annualized quid pro quo of $782,000 based on the estimated cost savings to be achieved
from these changes.
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In addition, because the Union’s Pension Plan is a defined benefit plan, not a defined
contribution plan, and because the Globe is contractually and legally obligated to fund the
plan to cover the negotiated benefits, the Globe proposes to modify the requirement of
Article IX, Section 6, that it weekly contribute $43.10 per full-time employee to the plan
and will instead contribute $38.10 weekly per full-time employee. As a quid pro quo for
this change, the Globe will contribute $1.00 per regular straight-time shift per full-time
employee weekly to the BNG Health Fund ($5.00 per employee per week). The Globe
estimates that this would provide another $208,000 to the Health Fund annually.
In addition, effective January 1, 1994 and thereafter, a further quid pro quo payment of
$60,000 annually, to be paid in equal monthly amounts of $5,000 will be added in
exchange for the Union’s eliminating no cost retiree newspaper subscriptions.
The above annualized quid pro quo payment reflects 38.8% of the estimated first year
annualized cost savings as a flat-dollar amount and will be made initially as an
annualized flat-dollar payment ($782,000) to be paid monthly in equal amounts in
addition to the $208,000. These payments will be reflected as a $82,500.00 per month
payment to the Health Fund from the date that the Globe implemented its Revised Final
Offer that contains the following provisions, Paragraphs 1 through 8. Effective January 1,
1994, the Globe will increase that annual amount as provided in the paragraph above by
another $60,000 to $842,000, which will also be paid in monthly amounts, in addition to
the $208,000. Those payments will amount at that time to $87,500 per month to the
Health Fund (which includes $17,333 a month from the pension diversion). Effective
May 1, 1994, the Globe will again increase that annualized quid pro quo payment by
another $110,000, to $952,000, which will also be paid monthly in equal amounts, in
addition to the $208,000. Those payments will be reflected at that time as a $96,667.00
per month payment to the Health Fund (which includes $17,333 a month from the
pension diversion). None of these payments will be made retroactively.
1. agreement on the Globe’s current proposals on Promotions (Article II, Sections 3(B)
and 7c;
2. agreement on the Globe’s modified proposal on Sick Leave (Article V, Section 10);
3. elimination of the No Layoff Clause (Article III, Section 1) to be replaced by the
layoff provisions as proposed by the Globe;
4. inclusion of the right to subcontract as modified and proposed by the Globe(Article
VIII, Section 3);
5. agreement on the Globe’s June 17, 1992 proposal on Marketplace Adjusted Rates
(Article VI, Sections 2 and 2A);
6. agreement on the Globe’s proposal to establish a new part-time telemarketing
position within the BNG bargaining unit;
7. agreement on the Globe’s current (November 26, 1992) proposal on Successors and
Assigns.
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8. agreement on various other contract changes sought by the Globe including mileage
rates and per diems, limitation on probationary credit, use of single vacation days,
tuition reimbursement, caps on PC/VDT eye care, etc as well as resolution of the
Globe’s Unit Clarification petition and certain contractual grievances.
The $952,000 per year quid pro quo (plus the Section 125 F.I.C.A. savings of approximately
$98,000 per year) represent the annual quid pro quo for approximately $2,700,000 in annual
savings achieved by the Globe in items 1-8 above as well as other changes in the new
agreement sought by the Globe. These savings and quid pro quos are allocated among
paragraphs 1-8 above, except that paragraph five represents $1,867,000 in annual savings for
the agreement on the Marketplace Adjusted rates.
Such payment will result in the Health Fund being able to reduce the level of the current
individual and family member payroll deductions for bargaining unit employees, as well as
substantially offset future increases during the term of the Agreement.
The Union may divert up to $15,000 annually (pro-rated monthly) from its ongoing quid pro
quo monies for payment of its 401(k) administrative expenses or other non-wage or nonpension
benefit purposes. If such a diversion is implemented, the above monthly quid pro
quo payments will be adjusted accordingly.
B. one-time Quid Pro Quo Payments
1. In exchange for the Union’s allowing the Globe to offer its Voluntary Selective
Buyout Program to members of its bargaining unit, the Globe will make a one-time
only contribution of $50,000 to the BNG Health Fund, effective the date of signing of
the collective bargaining agreement currently being negotiated.
2. In exchange for the Union’s agreement to divert $5.00 per week per full-time
employee from the BNG Pension Fund to the BNG Health Fund, the Globe will make
a one-time only contribution of $100,000 to the BNG Health Fund, effective May 1,
1993.
3. In exchange for settlement of the Globe’s Unit Clarification petition, currently
pending before the NLRB, (case #1-UC-552) the Globe will make a one time only
contribution of $50,000 to the BNG Health Fund. This is in addition to the one-time
payment of $37,440 to the BNG Health Fund, (based upon exclusion of certain
current BNG members from the bargaining unit) effective upon signing and
ratification of this agreement.
4. In exchange for settlement of certain contractual grievances, the Globe will make a
one-time only payment to the BNG Health Fund of $50,000 effective upon signing
ratification of this agreement.
C. Increase in LTD
The Globe will increase the monthly “LTD” plan to provide 60% of monthly pay up to a
maximum of $5,000 per month.
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D. Part-Time Benefits
In exchange for the changes listed in Section A (1-8) and other changes in this agreement
which were sought by the employer, (including a change in retiree newspaper
subscription practice), effective upon date of signing and thereafter, part-time employees
will receive the following new benefits:
1. The employer will provide $5000 in life insurance for regular part-time employees
who have been employed by the Globe for at least one (1) year. Once eligible for such
insurance, coverage shall continue so long as part-time employment is continued.
2. Article V, Section 1, “Vacations” will be modified to provide that part-time employees
shall earn 1.25 vacation day credits for each one hundred ninety-five (195) hours worked,
and part-time employees who have worked a minimum of 600 hours per year for a total
of five (5) calendar years shall earn 1.5 vacation day for each one hundred ninety-five
(195) hours worked.
IV. This Supplemental Agreement providing protection against layoff as defined above for the
named employees in Exhibit A and for those entitled to “differential merit pay” pursuant to
Exhibits B and C, and providing for annualized quid pro quo payments as described in
Section III above, shall survive and supersede this and all successor collective bargaining
agreements and shall not be subject to renegotiation. Should the Employer sell, transfer or
assign its right, title or interests or transfer by receivership or bankruptcy its interest or
ownership in any form or manner to a successor employer, this Supplemental Agreement will
be fully binding on that successor employer who will be fully bound by the terms of this
Supplemental Agreement as if such successor employer had been an original party to this
Agreement.
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Exhibit A – Job Security List
Name Name
Anastas,Mark Louis Kahn,Joseph P
Andrews,Lauren Kelly,Francis P
Aucoin,Donald A Kenney,Michael P
Bachand,Paul Kovacs,Andrew F
Bagangan,Abraham M Kreiter,Suzanne
Beam,Jacob A Lane,Christine F
Bento,Letitia I Leach,Rachel D
Bentson,Mary Lehigh,Scot C
Berger,Alan V Ludwig,Cheryl A
Berthet,Jacqueline MacLean,Linda
Bickelhaupt,Susan D MacQuarrie,Brian
Blanding,John Eric Maeda,Wendy
Blaudschun,Mark Mahoney,Paul J
Boulanger,Susan M Makishima,Paul
Buell,Glenda S Mancinelli,Margaret M
Bulman,James Joseph Marrapese-Burrell,Nancy L
Burgess,John A Matchan,Linda
Burke,Marie Mattia,Charles J
Butler,David M Miller,Thomas William
Cafardo,Nicholas Mooney,Brian
Callahan,Stephanie Morissette,Helen
Cappuccio,Josephine Moxley,Janetta L
Carlson,Russell J Muehlberger Jr,Edward J
Carney,John F Murphy,Sean
Carroll,Matthew Mylett,Paul J
Carroll,William F Negri,Gloria L
Chapman,Elizabeth Newsom,Shirley K
Charles,Cheryl A Nguyen,Thanh Tan
Chin,Barry J O’Connell,Steven
Chou,Tew K Owens,Theresa M
Ciampa,Michael Patisteas,George
Clark,Mark Pattison,Barbara A
Coakley,Thomas P Pavone,Sheila M
Costello,Michael Phillips,Francis
Couch,Alan J Pond,Leslie M
Cronin,Beverly Powers,John Leonard
Cullen,Kevin William Raftery,Brendan
Cuprinski,Paul D Regan,Betty Jean
Dalton,Julie A Reidy,Christopher
Daly,Joyce A Rezendes,Michael J
Davis,James W Richwine,David S
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Dell’apa,Frank A Ronan,Daniel M
Dick,Marcia Rudnick,Alan S
Dorlean,Yolaine Ryan III,Edward F
Dougherty,Joseph M Ryan,David L
Downes,Jean M Ryan,Elaine M
Drohan,Kerry L Schultz,Anthony
Dupont,Kevin P Sheehan,Stephen A
Egan,Brian E Smiley,Colneth
Ellement,John A Sneyd,Patrice A
Fedele,Diane Wanders Steele,Thomas J
Fitzgerald,Terence Steeves,Scott M
Foy,Adele Straffin,Mark F
Frank,Eileen Strohmeyer,Joanne Rathe
Franklin,James L Sullivan Jr,Francis X
Galvin,Eileen Driscoll Thurston,John S
Galvin,Jayne E Tlumacki,John C
Gilbert,Julie S Totten,Daniel B
Gilbert,Matthew Toussaint,Nancy A
Gile,Peter Turner,Lane
Gillard Jr,Freddie Vale,Richard B
Goodwin,Peter Varraso,Maureen F
Granai,David A Vega,Michael
Greene Jr,William C Walker,Adrian C
Greene,Frederick D Wallace,Jordana M
Greenhouse,Pat Walsh,Michael E
Grillo,Elizabeth J Wasserman,Daniel
Harmon,Lawrence R Whatley,Terrence
Harris,Jesse Monroe Wiggs,Jonathan L
Herndon,James E Wluka,Jane E
Hoban,James L Wong,Doris Sue
Hohler,Robert T Younger,Carl F
Insolia,Janet S
Ioven Jr,John Louis PART TIME
Jacoby,Jeff Hengen,Vicki
Johnson,David E Jacobs,Sally
Jordan Jr,Joseph Putnam,Karen J
Joseph-Rollins,Wanda M Sullivan,Carolyn
Julian,Sheryl Wen,Patricia
139
Exhibit D
RESIGNATION BONUS SCHEDULE
Years of Service Weekly Base Pay
10 10
11 12
12 14
13 16
14 18
15 20
16 22
17 24
18 26
19 28
20 30
21 32
22 34
23 36
24 38
26 (maximum) 40
An employee eligible for a resignation bonus who is also eligible to participate in the BNG
Pension Plan (see Article IX) may elect to deposit the after-tax proceeds of the resignation bonus
toward his or her voluntary pension account.
140
February 5, 1997
Robert A. Jordan, President
Boston Globe Employees Association/Local 245, TNG
Re: Clarification of Job Guarantee
Dear Bob:
This will confirm that the parties have agreed to clarify their use of the term “resignation”
as used in the first paragraph of the “Job Guarantee” section of the December 20, 1993
Supplemental Agreement as follows:
1.) Any full-time employee listed on the Job Guarantee list (Exhibit A to the
Supplemental Agreement) who changes his/her status to exempt (i.e. management) without a
break in continuous service, will have their job guarantee held in abeyance for up to two (2)
years while they are exempt. If during this two (2) year period they choose to return, with
management’s agreement, to a full-time BNG position, (or if Globe management chooses to so
return them during this two year period) their job guarantee will be reinstated, provided there is
no break in continuous service. This provision will be applied retroactively to January 1, 1994
except as to those employees who became exempt as a result of the parties’ Unit Clarification
Settlement Agreement.
It is understood that this clarification will not protect employees from discharge for cause
during the time they are exempt , nor would it protect them from a lay-off during the time their
job guarantee was in abeyance. The bargaining unit seniority of these employees if they return
to full-time job guaranteed status will be determined by Article III, Section 5, “Seniority
Defined” for all purposes except for layoff (from which they would be protected pursuant to
terms of the Job Guarantee). Bargaining unit seniority for purposes of layoff only applies to
non-guaranteed employees (i.e. those hired January 1, 1992 or thereafter).
141
2.) Any full-time employee on the Job Guarantee list (Exhibit A to the Supplemental
Agreement) who changes his/her status to part-time, without a break in continuous service, will
maintain their job guarantee while part-time so that the number of hours that they are scheduled
to work will not be reduced from that which they are originally assigned (unless they so choose
to reduce their hours, with management’s agreement). It is understood that this provision does
not obligate the Globe to accommodate an employee’s initial request to reduce from full-time to
part-time status nor does it obligate the Globe to maintain a specific schedule of shifts, days or
hours other than the number of hours offered. Any such employee may return to full-time status
only if there is a position available for which they apply and are selected pursuant to the
applicable provisions of the collective bargaining agreement in effect at the time. Upon return to
full-time status, the terms of the Job Guarantee will be those as provided for in the parties’ 1993
Supplemental Agreement.
Pursuant to the above terms of this letter, Exhibit A to the 1993 Supplemental Agreement
(the Job Guarantee List) will be fully updated.
Very truly yours,
Gregory L. Thornton
AGREED:_______________________________
BNG, Local 245/TNG
142
GLOBE NEWSPAPER COMPANY
DANGEROUS CONDITIONS POLICY
It is the policy of the Globe Newspaper Company to reimburse any employee, via insurance
coverage or company funds, for personal loss resulting from that employee performing duties for
the Globe under dangerous conditions, including, but not limited to, civil disorders and riots.
Reimbursement will be made in all cases where it is apparent that the employee exercised
caution and the loss was unavoidable.
This policy will not be extended to personal losses suffered in the normal conduct of day-to-day
business, such as parking tickets, damage to a personal motor vehicle, loss of a wallet or a
pocketbook, etc.
David Stanger
Senior Vice President
September 26, 1991
143
June 24, 1992
Robert A. Jordan, President
Boston Globe Employees Association
RE: Reduced Work Week
Dear Bob:
This is to confirm that the parties have negotiated and agreed upon the attached Reduced Work
Week Policy which will be in effect for full-time BNG employees during the life of this
Agreement. The Company has agreed, as part of this policy, that if it wishes to change the
policy during the life of this Agreement as it affects BNG full-time employees that it will so
notify the Union and that any such changes shall not become effective unless and until agreed
upon by the BNG.
Very Truly Yours,
Gregory L. Thornton
144
REDUCED WORK WEEK
It is the policy of the Globe that it will grant reduced work week status, for good and sufficient
reasons (including family reasons), based upon all relevant considerations, including but not
limited to operational efficiency, under the following provisions:
1. Full-time employees with more than two years full-time employment as a Globe
employee may be granted a reduced work week for up to one year.
2. Requests for a reduced work week will be made in writing to the employee’s department
head with a copy sent to the BNG. Requests will not be unreasonably denied.
3. Employees working on a reduced work week will be paid on a pro-rated basis
commensurate with the number of days worked each week. During the first six months,
the Employer agrees to maintain health insurance coverage during the reduced work
week period subject to any regular participation required of the employee by the
Employer. During the first six (6) months of reduced work week status, full credit will be
given for vacation and pension benefits, provided the employee returns to full-time status
at the end of the year. During the second six (6) months, vacation, health insurance
contributions,[ ] and pension benefits will be computed on a pro-rated basis. During the
second six (6) months, the employee will pay an increased payroll deduction, inversely
related to the number of days worked, for their health insurance contribution. (For
example, an employee working three days per week under the Reduced Work Week
Policy would not be working two days per week, or 40% of the time, and would therefore
pay 140% of the employee contribution to health insurance.) The Employer will
maintain life insurance coverage for the entire reduced work week period.
4. Holidays (nine holidays plus birthday) and sick time are pro-rated from the start of the
individual reduced work week agreement (i.e., working 60% of a normal work week
results in being entitled to 60% of holidays and 60%of sick time ) for the duration of the
leave.
5. At the end of one year, the employee will return to his/her former position on a full-time
basis, at the salary he/she would have received had employment been continuous. In
extraordinary circumstances, a reduced work week may be extended beyond the one-year
period for up to one additional year. The Globe will timely notify the Union in writing of
any such approved extensions.
6. If requests are to be approved for reduced work weeks which do not fall within the above
conditions or raise issues not presently envisioned, the Globe will notify the Union of
those requests. Such requests will be granted if both parties approve the request.
145
June 3, 1992
Robert A. Jordan, President
Boston Globe Employees Association
RE: Family Conflict Policy
Dear Bob:
This is to confirm that the parties have bargained over the attached Family Conflict Policy which
will be in effect for BNG members. The Company has agreed, as part of this policy, that if it
wishes to change the policy during the life of this Agreement as it affects BNG bargaining unit
employees that it will notify the Union and give the Union opportunity to bargain about such
changes.
Sincerely,
Gregory L. Thornton
Attachment
146
FAMILY CONFLICT POLICY
It is the policy of the Globe Newspaper Company that it will consider for employment any
qualified applicant regardless of that applicant’s relationship to a present Globe employee. This
policy, however, is subject to the following exceptions:
1. The Company will not hire any applicant for employment into any position in a
department in which a relative of that applicant or employee is already employed.
2. In those cases in which an employee marries another employee where, as a result, the
employees would be in a subordinate/supervisor relationship, one of the two employees
must transfer or change positions. In such cases, the affected employees will have thirty
(30) days for one of the two employees to transfer to another available position for which
he or she is otherwise qualified. It shall be the sole decision of the employer which of the
two employees shall either transfer or change position.
3. In those cases where, after thirty (30) days, such accommodations can not be made, one
of the two employees must terminate his or her employment. In all such cases, the
employer will give consideration to the choice of the employees involved. If no
accommodation can be made, and absent a joint decision by the two employees, the
Employer shall decide which employee must leave. In such cases, the Employer will
allow the affected employee ninety (90) days (or pay in lieu of) in which to terminate
his/her employment. The Union shall be contemporaneously notified of all such action.
For purposes of this policy, “relatives” are defined to include spouses, siblings, parents or
children.
This policy shall be applied prospectively only. Any exceptions to this policy will require the
advance review and approval of both the President of the Globe and the Vice President/Human
Resources. The Union shall be notified of all exceptions granted.
147
June 11, 1992
Robert A. Jordan, President
Boston Globe Employees Association
RE: Expense Allowances
Dear Bob:
This is to confirm that the parties have negotiated and agreed that all current photographers and
circulation salespeople (whose names appear on the attached list) who have previously received
payment of $150 annually pursuant to Article VIA, Section 14 of the 1987 – 1990 Collective
Bargaining Agreement will continue to be compensated $150 annually so long as those
employees remain in the photographer or circulation salesperson classification.
Sincerely,
Gregory L. Thornton
Attachment
148
May 5, 1993
Robert A. Jordan, President
Boston Globe Employees Association
Re: Editorial Independent Contractors
Dear Bob:
This is to clarify the parties understanding under Article XV, relative to the Globe’s usage of
non-employees for editorial work.
The Globe maintains its position that the current number and utilization of free-lance editorial
independent contractors (both “Special to the Globe” and “Correspondents”) poses no threat of
erosion to the BNG bargaining unit. However, it also agrees not to significantly expand its usage
of those non-BNG persons, beyond the relative mix of BNG staff to non-BNG persons as has
historically been the practice. Such practice, usage and mix would apply to any new editorial
initiatives which might be introduced in the future.
Sincerely,
Gregory L. Thornton
149
May 5, 1993
Robert A. Jordan, President
Boston Globe Employees Association
RE: Evaluations and Overtime Assignments by Bargaining Unit Employees
Dear Bob:
The Boston Globe agrees that it will not rely to any extent upon the fact of bargaining unit
members of the Boston Globe Employees Association (the BNG) completing written
performance evaluations of other BNG members and on the authorization of overtime as indicia
of supervisory status within the meaning of S2(11) of the National Labor Relations Act in its
pending unit clarification petition (Case No. 1-UC-552) or in any other future unit clarification
petitions filed during the term of this Agreement.
Sincerely,
Gregory L. Thornton
150
UNIT CLARIFICATION SETTLEMENT AGREEMENT
The Boston Globe and the Boston Globe Employees Association agree to resolve the Globe’s
pending Unit Clarification petition, 1-UC-552 on the following terms and conditions:
I. The parties agree that the following positions, be excluded from the bargaining unit and
become part of the Globe Newspaper Company’s Appendix A list pursuant to its Revised
Final offer:
Maintenance Shift Foremen (5)
Post Office Supervisor
Protective Services Foremen (3)
Confidential Secretary(ies) (9)
Associate Software Analyst (6) *
Senior Editorial Design Supervisor
Senior Assistant Business Editor
Senior Assistant Sports Editor
Calendar Editor
*New position (in lieu of Senior System Analysts and Systems Analysts)
Attached to this proposal is a list of the nine (9) employees currently designated by the Globe as
“Confidential Secretaries” to be excluded from the unit. The Globe shall furnish the Union with
a list of those employees annually (including titles of exempt managers and/or departments for
whom they currently perform secretarial duties). Within the cap of nine (9) such secretaries, the
Globe shall notify the Union of any future changes in the names of such secretaries or changes in
the titles, positions or departments of such Confidential Secretaries. Subsequent replacements for
any of the exempt Confidential Secretarial positions, if made from within the bargaining unit,
shall be done on a voluntary basis.
The Globe will offer on a one time only basis the same management buyout that was offered in
1991 under this proposal.
If a non-voluntary force reduction in management ranks is to be implemented, for the period of
the collective bargaining agreement currently being negotiated, the Globe will permit anyone so
excluded through this Unit Clarification Agreement to transfer back into an existing bargaining
unit position, subject to negotiation by the parties. If the parties cannot agree, this issue only may
be subject to arbitration. Any such named employee in this Unit Clarification Agreement
impacted by such a force reduction would retain all seniority in such a transfer and, while not
retaining his/her excluded job title or benefits, would have his/her current management salary
frozen until the BNG-negotiated contract rates for his/her job category exceeded the management
salary.
151
Some of the excluded positions in this Settlement Agreement are held by more than one
employee. Where more than one exclusion under a single title is agreed to it has been so noted
with the appropriate number of exemptions next to it. If, during the period of the agreement
currently being negotiated between the parties and its successor agreement, the Employer seeks
more numerical incumbents in the future for these specific positions than noted herein, the
Employer shall provide sufficient evidence that such an increase is necessary to meet the needs
of the newspaper. If the Union disagrees, that shall be subject to grievance and arbitration under
Paragraph IV herein. It is understood that the cap of nine (9) Confidential Secretaries shall not
be increased for any reason during the period of the agreement currently being negotiated and its
successor agreement.
The parties agree that individuals in the above-excluded positions will continue to do the
approximate amount and type of work, duties and functions that these jobs have historically
comprised while in the bargaining unit as of December 1, 1993.
II. The following positions, sought to be excluded through the UC petition, will remain in the
bargaining unit:
Maintenance Foremen
Maintenance Assistant Foremen
Protective Services Assistant Foremen
All non-supervisory guards
Editorial Design Supervisor
Ask the Globe Editor
Assistant Chief Photographer
Book Editor
Assistant Business Editor
Assistant Metro Editor
Assistant Sports Editor
Editorial Writer
Assistant Night Editor
Nurse(s)
Operations Supervisor(s)
Outside Circulation Sales
Return Room Head
Systems Analyst
Senior Systems Analysts
Single Copy Sales Supervisors
III. Furthermore, for a period of the agreement currently being negotiated between the parties
and its successor agreement, the parties agree that neither will seek to clarify (i.e., change the
included or excluded status) through the NLRB’s clarification procedure, before an arbitrator, in
collective bargaining negotiations, or by any other means: 1) any position covered by the unit
clarification petition which remains in the unit by agreement; 2) any position covered by the unit
clarification petition which is agreed to as exempt; 3) any position currently listed as exempt in
Appendix A to the parties’ CBA; and 4) any position created as exempt since Appendix A to the
parties’ CBA was negotiated and as to which the Union has been notified as of the current date.
152
The Globe further agrees that it will not seek or in any way initiate the removal of the guards
from the bargaining unit, on the grounds that they are NLRA statutory guards, before the NLRB,
an arbitrator, or the courts at any time in the future. Moreover, the Globe will not, on the basis of
the inclusion of guards in the bargaining unit, withdraw recognition from or refuse to bargain
with the BNG, or in any other way question the appropriateness or legality of the bargaining unit.
IV. Positions currently listed as exempt (pursuant to the Globe’s exempt “Appendix A” proposal
under its Revised Final Offer) may continue to do the approximate amount and type of work,
duties and functions that those jobs have historically comprised (including work, duties and
functions also performed by employees in the bargaining unit).
V. Additional Appendix A exempt positions in the future will be established pursuant to Article
X, Section 6, “Exempt Employees” of the Revised Final Offer.
VI. Inside Sales Positions
The parties agree that the Inside Sales issue shall be resolved through the current NLRB unfair
labor practice proceedings.
VII. The Globe recognizes that the Union will lose certain shift payments for the BNG/Globe
Health Fund and will make a one-time payment to the Fund of the equivalent dollar amount of
two (2) years multiplied by the number of employees exempted multiplied by the shifts that
would have been worked multiplied by $3 per shift as a quid pro quo for resolution of the UC
exclusions as referenced herein. The Globe calculates this payment to be $37,440 based on
excluding certain BNG bargaining unit employees. This payment will be made at the time this
UC agreement is signed and implemented.
VIII. The Globe agrees to make a one time payment of $50,000 to the BNG/Globe Health Fund
in exchange for the simultaneous settlement of this unit clarification.
UC Excluded Positions
Maintenance Shift Foremen (5)
Post Office Supervisor
Protective Services Foremen (3)
Confidential Secretaries (9)
Associate Software Analysts (6)
Senior Editorial Design Supervisor
Senior Assistant Business Editor
Senior Assistant Sports Editor
Calendar Editor
153
December 29, 1993
Robert A. Jordan, President
Boston Globe Employees Association
RE: UC Exclusion of Associate Software Analyst
Dear Bob,
This letter will confirm the parties understanding regarding the exempt exclusion of six (6)
Associate Software Analysts in Information Services from the bargaining unit pursuant to the
Unit Clarification Settlement Agreement.
It is agreed and understood that the Globe will designate up to six (6) such exemptions from the
existing group of Senior Systems Analysts. Such names will be furnished to the Union prior to
the employees being so notified. Any employee so selected will be offered exempt status on a
voluntary basis.
This move is being made because some of the work performed by Senior Systems Analysts is
confidential in nature and, thus, it is more appropriate to have exempt employees perform such
work. In addition, persons filling Associate Software Analyst positions will continue to perform
the same type of design, analysis and programming functions as have historically been
performed by Senior Systems Analysts as well as those duties typical of exempt Software
Analysts.
Very truly yours,
Gregory L. Thornton