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CONTRACT

The Denver Post

and

Denver Newspaper Guild-CWA Local 37074

(Covering Newsroom Unit Employees)

EFFECTIVE

July 31, 2016 – July 31, 2019

TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE 1

I, EXEMPTIONS 1

II, JURISDICTION 1

III, WORK ASSIGNMENT 1

IV, DUES DEDUCTION 2

V, HIRING AND INFORMATION 3

VI, GRIEVANCE PROCEDURE 3

VII-A, UNION SECURITY 5

VII-B, EMPLOYEE SECURITY 5

VIII-A, SUPPLEMENTAL RETIREMENT AMOUNT 8

VIII-B, SEVERANCE PAY 8

IX, PENSION 9

X, DEFINED CONTRIBUTION PLAN (401K) 10

XI, TRANSFERS AND PROMOTIONS 10

XII, HOURS OF WORK AND OVERTIME 12

XIII, HOLIDAYS 14

XIV, VACATIONS 14

XV, SICK LEAVE 15

XVI, HEALTH PLAN AND OTHER BENEFITS 16

XVII, LEAVES OF ABSENCE 20

XVIII, MILITARY SERVICE 21

XIX, PART-TIME AND TEMPORARY EMPLOYEES 22

XIX-A, COMMUNITY PUBLICATIONS 23

XX, WAGES 24

XXI, GENERAL WAGE PROVISIONS 26

XXII, EXPENSES AND EQUIPMENT 26

XXIII, MISCELLANEOUS 27

XXIV, HAZARDOUS CONDITIONS 29

XXV, PRIVILEGE AGAINST DISCLOSURE

AND AUTHENTICATION 30

XXVI, DRUG AND ALCOHOL POLICY 30

XXVII, NO STRIKES 32

XXVIII, MANAGEMENT RIGHTS 32

XXIX, DURATION AND RENEWAL 33

MEMORANDUM OF AGREEMENTS 34-38

CONTRACT AND AGREEMENT

Preamble

This contract and agreement is made effective July 31, 2016 replacing the prior agreement, by and between The Denver Post, hereinafter known as “the Publisher,” “the Employer,” or “the Company,” and the Denver Newspaper Guild-CWA, Local #37074, of The NewsGuild-CWA, AFL-CIO-CLC, hereinafter known as “the Guild” or “the Union,” for itself and on behalf of all employees in the Newsroom Department of The Denver Post, except for those exempted under Article I, Exemptions.

ARTICLE I

Exemptions

1. Managers, supervisors and confidential employees are exempted from the Guild bargaining unit.

2. The Publisher shall notify the Guild of any additional exemptions. All exemptions must conform with the criteria for manager, supervisor, or confidential employee as established by the Labor-Management Relations Act, as amended, and as interpreted and applied by the National Labor Relations Board and the federal courts. Any dispute regarding exemptions proposed during the term of this Agreement shall be subject to grievance and arbitration procedures defined in Article VI, Grievance Procedure.

3. If any person with a job title covered by the exemptions accepts a position within the Guild’s jurisdiction, the Publisher shall so notify the Guild in accordance with the provisions of Article VII-A, Union Security.

ARTICLE II

Jurisdiction

The Guild’s jurisdiction is recognized as covering employees of the Publisher in the departments listed in the preamble of this agreement less those positions listed as exemptions in Article I, Exemptions, and includes (a) the kind of work normally and presently performed and such work as has been performed in the past by employees in those departments, (b) new or additional work assigned to be performed by employees in those departments. Performance of such work shall be assigned to employees of the Publisher within the Guild’s jurisdiction and shall be covered by the Guild contract.

ARTICLE III

Work Assignment

In the course of performing their primary functions, employees also are expected to gather and process information for multiple media platforms using a variety of print, visual, audio and other tools.

Management agrees to (1) provide necessary training and learning opportunities, and (2) articulate clearly its reasonable expectations.

The Company and the Union agree that it is their mutual intent to maintain a high standard of quality and credibility in news and other products produced by the staff.

ARTICLE IV

Dues Deduction

1. Upon an employee’s voluntary written assignment, the Publisher shall deduct from the earnings of such employee and pay to the Treasurer of the Denver Newspaper Guild not later than the tenth (10th) day of each month all Guild membership dues, initiation fees and assessments. Such membership dues, initiation fees and assessments shall be deducted from the employee’s earnings in accordance with a schedule provided to the Publisher by the Guild. Such schedule may be amended by the Guild by notifying the Publisher ten (10) days prior to the start of any payroll week. An employee’s voluntary written assignment shall remain effective subject to the terms of such assignment.

2. The dues deduction assignment shall be made upon the following print or electronic form:

To: The Denver Post:

I hereby assign to the Denver Newspaper Guild and authorize the Publisher to deduct from my salary account as his or her employee an amount equal to my Guild membership dues, initiation fees or assessments, in accordance with the schedule submitted by the Treasurer of the Denver Newspaper Guild, for each calendar month following the date of this assignment.

I further authorize and request the Publisher to remit the amount deducted to the Denver Newspaper Guild not later than the tenth (10th) day of that month.

This assignment and authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one (1) year from the date appearing below or until the termination of the collective bargaining agreement between yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment and authorization shall be continued automatically and shall be irrevocable for successive period of one (1) year each or for the period of each succeeding applicable collective bargaining agreement between the Publisher and the Guild, whichever period shall be shorter, unless written notice of its revocation is given by me to the Publisher and to the Guild by mail not more than fifteen (15) days prior to the expiration of each period of one (1) year or of each applicable collective bargaining agreement between the Publisher and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which the Publisher receives it.

This assignment and authorization supersedes all previous assignments and authorizations heretofore given by me in relation to my Guild membership dues.

Employee’s Signature ______________________________________

Department ______________________________________

Date ______________________________________

If authorization is completed electronically, alternate verification in lieu of signature shall be required.

3. Deductions of dues, initiation fees and assessments shall be made for the week designated for such deductions even though the employee may be on or scheduled for vacation that week or otherwise absent, and the amount remitted in accordance with Section 1 of this article.

ARTICLE V

Hiring and Information

1. The Publisher acknowledges its employment policies shall be in accordance with and as required by applicable local, state and federal laws, that there shall be no dismissal or other discrimination against employees or applicants for employment because of their race, color, religion, creed, age, sex, sexual orientation, gender, gender identity, disability, veteran status, national origin or any other basis provided in federal, state and/or local laws. Neither shall such conditions affect promotion or merit raise consideration.

2. The Publisher agrees not to have or enter into any agreement with any other employer binding such other employer not to offer or give employment to employees of the Publisher.

3. Written notice of the name, address, the last four digits of the social security number, gender, minority status, telephone number, date of birth, date of hiring, Union security status classification, experience rating, anniversary date, salary, and department of each new employee covered by this agreement shall be sent to the Guild office at least monthly and upon request by the Guild. The Publisher shall notify the Guild office promptly of (a) any change in classification and wage changes by reason thereof and effective date thereof; (b) the resignation, retirement, death, transfer to another named department, change in experience rating, change of address reported by employees, change of name reported by employees or separation from employment of any employee covered by this agreement.

4. After a new part-time or full-time employee completes a satisfactory ninety (90) calendar day trial period (which includes the first day of employment), said person shall be considered an employee with tenure and benefits according to the conditions of this agreement effective as of the date of hiring. The ninety (90) calendar day trial period may be extended by an additional forty-five (45) calendar days for any employee by mutual agreement of the Publisher and the Union prior to the expiration of the original ninety (90) calendar days. If the Publisher requests an extension of the probationary period prior to the expiration of the original ninety (90) days and the Union acknowledges such a request, the Publisher’s rights shall be extended until the Union responds in writing to the request. This section shall not apply to temporary employees.

5. If, in the opinion of the Publisher, the employee has proven his or her competency in less than the trial period, the employee may be so certified as an employee.

6. The Publisher shall give reasonable advance notice to a probationary employee of any weaknesses that may exist in his or her performance which, if not corrected, could result in his or her discharge prior to or on the expiration of his or her probationary period and shall notify the employee of a request for a probationary-period extension prior to the original expiration date. It is expressly understood that this section does not create any right of tenure of employment for a probationary employee. Discipline or termination of a probationary employee shall not be subject to Article VI, Grievance Procedure, of this agreement.

ARTICLE VI

Grievance Procedure

1. The Guild shall designate a committee of its own choosing to take up with the Publisher or the Publisher’s authorized representative any matter arising from the application of this agreement or affecting the relations of the employees and the Publisher.

2. The Union agrees to attempt to resolve a dispute before filing a grievance through a call to a Human Resources Department representative and discussing the dispute.

3. The Publisher or the Publisher’s authorized representative shall meet with the grievance committee within five (5) days after request for such meeting.

The request shall be in writing, with the name of the grievant(s) (if any), the section(s) of the contract grieved (if any) and a factual description of the complaint as then known and signed by the designated officer of the Guild. The Guild and the Publisher shall exchange all available pertinent data required for complete investigation.

A grievance may be raised under this Article no later than ninety (90) calendar days after the occurrence unless circumstances can be shown to justify an extension. In no event shall the extension exceed one hundred and twenty (120) days after the occurrence. The grievance may be moved to arbitration no later than ninety (90) days after its first consideration unless mutually agreed otherwise. The parties understand that the ninety (90) day time limitation on the filing of grievances does not apply to the remedy of the grievance.

When the Publisher exercises its rights under Article I, Exemptions, to exempt positions not previously exempted, the Publisher will give the Union at least two (2) weeks’ written notice in advance of the implementation of the change. If the Union challenges the Publisher’s action, the Union will inform the Publisher of its protest in a written grievance within thirty (30) calendar days from the date of receipt of the notice. The Publisher may implement the change pending the outcome of any dispute.

In case of discharge, the grievance must be submitted within twenty-one (21) days after notification to the Guild of the action or condition leading to a grievance. This limitation may be extended by mutual agreement.

Disposition of the grievance shall be in writing and signed by the Publisher or his authorized representative and the designated officer of the Guild. Appeals and their subsequent disposition shall be in writing and signed in the same manner. In the event new evidence that would substantially alter the facts of a discharge case is discovered after the twenty-one (21) day limitation on submission of a grievance or any extension thereof expires, the case may be opened for further consideration by either the Publisher or the Guild.

4. The Publisher agrees to permit the Guild grievance committee to meet with the Publisher or his/her authorized representative within regular working hours provided twenty-four (24) hours’ notice is given and committee members’ work schedules can be rearranged. The restriction of Article XII, Section 2, Hours of Work and Overtime, requiring the working day to fall within nine (9) consecutive hours will not apply in this case. If the Publisher or his/her authorized representative calls such grievance session, it will be held on company time. In addition, the Publisher will grant up to two (2) hours on company time to a maximum of five (5) Guild committee members to attend any grievance session initiated by the Union.

5. Conditions prevailing prior to an action or circumstance that results in a grievance shall be maintained unchanged pending final settlement of the grievance unless the action or circumstance arises out of Article VII-B, Employee Security, Section 1, in which case the action of the Publisher shall remain in effect until such action is resolved through appropriate grievance procedure.

6. In the event of failure to adjust the disputes within ten (10) working days after the first grievance meeting, it shall, upon motion by either party, be referred in writing to a Resolution Board composed of two (2) representatives of the Union and two (2) representatives of the Publisher in a further effort to settle the dispute.

7. In the event said four (4) members of said Board are unable to reach a majority decision on said dispute within five (5) working days after their initial meeting, they shall submit the dispute to final and binding arbitration, and if they are unable to select an arbitrator, they shall request a list from the Federal Mediation and Conciliation Service or the American Arbitration Association. By mutual agreement such lists need not be restricted to arbitrators in the Colorado area. A grievance moved to arbitration will be considered closed with prejudice if the Guild does not send a request for a list to FMCS or AAA within ninety (90) days after receiving from the Employer their half of the cost for such list. The ninety (90) day deadline can be extended by mutual agreement.

8. Renewal of this contract shall not be a dispute under the jurisdiction of the arbitrator. The decision shall be limited to determining the specific disputes submitted to the arbitrator for adjudication. The arbitrator shall have no power to add to, subtract from, change or modify any provisions of this agreement, but shall be authorized only to interpret the existing provisions of the agreement and apply them to the specific facts of the dispute.

9. Costs of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any cost of a stenographic transcript without express consent.

10. The award of the arbitrator shall be given to both parties in writing within thirty (30) days after oral arguments or submission of post-hearing briefs, whichever is later. This thirty (30) day time limit and, in fact, all time limits throughout Article VI, Grievance Procedure, may be extended by mutual agreement between the Union and the Publisher.

11. Employees shall have the right but must request that a union representative or representatives be present at any discussion with the Publisher or his authorized representative that affects the relations of the employee and the Publisher. An employee shall be given reasonable advance notice when such discussion is scheduled and the employee shall be informed of the nature of the complaint against him or her. If a request for Union representation is made, the discussion shall not proceed until the Union representative or representatives is given a reasonable opportunity to be present.

ARTICLE VII-A

Union Security

1. Not less than thirty (30) calendar days following the execution of this Agreement or not less than thirty (30) calendar days following the beginning of employment, whichever is later, all employees covered by this Agreement shall, as a condition of continued employment, become and remain members of the Denver Newspaper Guild to the extent of remitting to the Guild membership dues uniformly required as a condition of acquiring or retaining membership in the Guild whenever employed under and for the duration of this Agreement.

2. The Guild shall indemnify and hold the Publisher harmless from and against any or all claims, demands, costs, fees, judgments and any other charges or liabilities of any kind that may arise out of the enforcement by the Publisher of the provisions of this article for the maintenance of membership or for compulsory membership in the Guild as a condition of employment for any employee or employees.

3. An employee dismissed for failure to comply with this Article shall not be entitled to dismissal pay provided for in Article VIII-B, Severance Pay, of this agreement.

4. Each employee hired will be given a copy of the Union security provisions of this contract at the time of hire.

ARTICLE VII-B

Employee Security

1. No discipline or dismissals shall be made except for just and sufficient cause.

2. There shall be no dismissals as a result of putting this agreement into effect.

3. The Publisher has the right to determine an employee’s competence, availability or fitness for his/her requirements, or to dismiss an employee for just and sufficient cause, subject to the grievance procedures outlined in Article VI, Grievance Procedure. For all employees discharged, reason for discharge will be made in writing to the employee and to the designated executive officer of the Guild.

4. Dismissals to reduce the force, as distinguished from dismissals for just and sufficient cause, may be made in accordance with the following:

(a) Company seniority shall determine the employee, or employees, within a job title to be discharged in a reduction of force for economic reasons. The only exceptions to this are:

(1) Employees within the job titles of reporter and columnist will be subject to company seniority within a department. Departments are defined as Sports, Features, Metro, Business, and Editorial Page.

(2) Less senior employees with abilities or differences in qualifications for a particular function demonstrably not available from the more senior employee may be retained while the more senior employee is dismissed. In such a case, the Publisher must have made the employee aware of deficiencies or, if appropriate, offered the employee sufficient training and opportunities to maintain and develop necessary skills. Where there are such differences, the Publisher may retain the less senior employee.

This subsection (a) governs reductions in force only until subsection (k) below is completed. At that time, this subsection (a) only applies if appraisals are not completed according to the terms described in subsection (k).

(b) The Publisher shall notify the Guild of any such projected dismissals, specifying the job title (and department for Reporters and Columnists), number of employees involved, and the reasons for such projected dismissals.

(c) There shall be no dismissals for a period of two (2) weeks following notification required in paragraph (b), during which period the Publisher shall accept voluntary resignations or retirements from employees in the job titles (and, within a department for Reporters and Columnists) involved, with such employees being paid the amount of severance pay provided in Article VIII-B, Severance Pay. The number of employees to be dismissed shall be reduced by the number of resignations and retirements.

(d) Reductions in force are based on continuous full-time Guild-covered service within a job title (and, within a department for Reporters and Columnists). A full-time employee scheduled to be dismissed may elect within seven (7) days after notification of scheduled dismissal to move into another job title (or department for Reporters and Columnists) in which the employee has worked during continuous full-time employment as follows:

(1) The employee may displace an employee in a previous job title (or department for Reporters and Columnists) whose years of service in that job title (or department for Reporters and Columnists) are less than the total years of the dismissed employee in the two job titles together.

(2) If the employee has previously worked in a Guild-covered job title (or department for Reporters and Columnists) but his/her immediate prior position was non-Guild covered, the employee may bump into a prior Guild-covered position if the employee’s combined service in the two Guild-covered position(s) (excluding service in the non-Guild job title) is greater than the service of the employee determined to be junior in the prior job title (or department for Reporters and Columnists).

The employee thus displaced shall be the one with the lowest Company seniority.

(e) An employee thus displaced may similarly elect to move into another job title in which the employee has worked or the employee may elect to take severance pay provided in Article VIII-B, Severance Pay.

(f) An employee who moves into a lower classification shall be paid the top minimum for that classification plus whatever dollar differential above minimum the employee had in the classification from which the employee was displaced.

(g) Employees who are dismissed to reduce the force and employees who have elected to bump into another job title will be placed on a rehire list based on seniority, and will be rehired on a seniority basis in the old job title (and, within a department for Reporters and Columnists) if and when a vacancy occurs. All dismissals to reduce the force affect first the employee with the least amount of seniority, and the last employee so dismissed will be the first eligible for rehire. Employees on the rehire list, when notified of vacancy availability, must accept or reject this offer within seven (7) days unless extended by mutual agreement. A copy of the rehire list shall be provided to the Guild. New employees shall not be hired until the rehire list has been exhausted. Notice sent by certified mail to a person on the rehire list at the last address known to the Publisher shall be deemed sufficient; a copy of such notice shall be sent to the Guild by ordinary mail.

(h) On rehire, the employee shall have the option of refunding severance pay to regain all benefits of this agreement. If the employee elects not to repay severance pay, he or she shall retain all benefits of this agreement except past severance credits. His or her severance credits will commence on the day of rehire.

(i) Seniority means length of continuous full-time Guild-covered employment. Employment shall be deemed continuous unless interrupted by (1) dismissal for just and sufficient cause; or (2) resignation; or (3) refusal to accept an offer to rehire made according to the procedure given in paragraph (g) above; or (4) retirement; provided that any period of employment for which severance pay actually has been paid and not refunded shall not be counted as employment in calculating severance which may again become due after rehire.

(j) All rehire lists shall be maintained for one (1) year from the date of dismissal.

(k) Performance Appraisals:

(1) The performance appraisal form and factors shall be negotiated between The Denver Post and the Guild. Prior to the preview performance appraisal outlined in paragraph (2) below, the Evaluation Subcommittee (comprised of Guild and Management representatives) shall finalize the evaluation documents.

(2) Thirty (30) days to sixty (60) days after ratification of this Agreement, and after the Evaluation Subcommittee completes its work on performance evaluation processes, the Employer shall give each Guild-covered employee a preview performance appraisal.

(3) Six months after all preview performance appraisals are completed, the Employer shall begin the first full performance appraisal process. The Employer will complete and provide this first full performance appraisal within two (2) months to every Guild-covered employee on staff at the time of ratification of this Contract.

(4) After all Guild-covered employees on staff at the time of ratification of this Contract have received one full performance appraisal, the Evaluation Subcommittee shall reconvene to review the process, including necessary data.

(5) Thereafter, all performance appraisals will be completed and received within two weeks of the anniversary date of hire for each Guild-covered employee.

(6) During the period between contract ratification and the time when all Guild-covered employees who were on staff at the time of ratification have had their second full performance appraisal, any reductions in force will be conducted as provided in subsection (a) above.

(l) Reductions in force after the performance appraisal process has been established:

(1) After completion of the second full performance appraisal process for all employees as of the date of contact ratification, layoffs shall be by job title, except the Reporter and Columnist job titles shall also be by department.

(2) Layoffs shall be in reverse order of the total number of points. The total number of points is determined as follows:

  • A maximum of forty (40) points assigned for seniority (two (2) points for each year of service within a job title or within a department for reporters and columnists).

  • A maximum of thirty (30) points for General Competencies as scored in the most recent performance appraisal.

  • A maximum of thirty (30) points for Specific Skills Assessment as scored in the most recent performance appraisal.

  • If the notice of layoff occurs at a time such that an employee’s annual performance appraisal has not occurred in the six months prior to this notice of layoff, the most recent performance appraisal may be updated. For newly hired employees who have not yet received a performance evaluation, a performance evaluation will be completed.

  • If two or more employees subject to the layoff have the same total points, company seniority shall be the tie breaker.

  • After implementation, if appraisals are not completed according to the terms described in subsection (k) above, any reduction in force shall be done in reverse-seniority order as provided in subsection (a) above.

(m) After subsection (k) has been completed, and as long as the requirements of subsection (k) are fulfilled, bumping described in Section 4(d) shall be based on points described in subsection (k).

5. (a) The Guild shall be given three (3) months’ notice, if possible, and no less than one (1) month’s notice of intent to introduce new or modified equipment, machines, apparatus or processes that will create new job titles or alter the job content of existing job titles. The parties shall immediately enter into negotiations for a mutual agreement covering procedures for the introduction of such new or modified equipment, machines, apparatus or processes. Any employee who is displaced shall be retrained for available positions in other job titles, and continued in the employ of the Publisher at no reduction in salary or impairment of benefits.

(b) The retraining period shall be limited to ninety (90) days, which may be extended an additional ninety (90) days by mutual agreement, after which the employee will be certified in the new position or, if he or she fails to qualify for the new position, may resign or retire in accordance with paragraph 5 (c) below.

(c) Displaced employees who do not desire to transfer to another job title or who do not wish to retrain for other positions may elect to resign or, if eligible under The Denver Post-Denver Newspaper Guild Newsroom Employees’ Pension Plan, retire. In such cases, accrued severance pay will be paid. Such election may be made at any time prior to or during the retraining period specified above.

(d) If the sale, merger, or discontinuance of publication shall result in the dismissal or layoff of any employee in the Guild’s jurisdiction, The Denver Post shall pay to such employee four (4) weeks’ compensation at straight time rates as a legal obligation in addition to any severance pay due under the terms of Article VIII-B, Severance Pay, Section 1.

6. The Publisher may enter into individual discussions with employees and may offer monetary payments or other incentives, at its discretion, in exchange for an employee’s voluntary termination of employment. The Publisher shall notify the Union of the terms of any such offers made to the employee. If the Publisher offers a buyout to a group of employees, the Publisher shall notify the Union in advance of the terms of any such offers made to employees and will negotiate with the Union concerning the terms of such offers upon the Union’s request.

In any buyout initiated by the Publisher, the Publisher shall offer as one option an amount at least equal to the value of one week’s pay for each six (6) months of continuous service, or major portion thereof, to a maximum of forty-four (44) weeks to each employee who accepts the buyout offer and voluntarily resigns. The amount shall be computed at the highest weekly rate of pay received by the employee in the previous year. Alternatively, an employee freely and of his/her own volition and without coercion may initiate buyout discussions. When an employee initiates such an offer, the buyout amount may be any sum agreeable to the employee and the Publisher. In such an employee-initiated buyout, the Publisher shall notify the Union of the terms.

ARTICLE VIII-A

Supplemental Retirement Amount

1. For those employees who were full-time employees at The Denver Post on or before August 1, 1986, the Supplemental Retirement Amount provided for in The Denver Post-Denver Newspaper Guild Newsroom Employees’ Pension Plan shall continue as described in Article VIII-B, Severance Pay, and in the Pension Plan Document.

ARTICLE VIII-B

Severance Pay

1. Upon dismissal, an employee shall receive a cash severance allowance equal to one (1) week’s pay for each six (6) months of continuous service, or major portion thereof, to a maximum of twelve (12) weeks upon discharge and twenty-six (26) weeks upon layoff or death. Employees who, on March 12, 2008, had at least twelve and one half (12.5) years of continuous full-time service, shall be grandfathered and will be entitled to continue to accrue severance pay up to the previous maximum of forty-four (44) weeks’ pay upon layoff, death or discharge. Severance pay is to be computed at the highest weekly rate of pay received by the employee in the previous calendar year. Severance shall be paid bi-weekly with the normal payroll cycle for the number of weeks the severance amount represents or, at the employee’s request, severance shall be paid in a lump sum.

2. Severance shall be paid from a liquidation of the employee’s accumulated supplemental retirement amount, if any, as earned under Article VIII-A and a sum of cash so that the total of the two equals the severance amount payable under this section. At the employee’s option, or as required under the Pension Plan document, the employee may defer payment of the supplemental pension amount until attainment of retirement age as provided in the Pension Plan document. Such option shall be selected no later than thirty (30) days following separation. In no event shall any combination of the two payments exceed the 44-week maximum.

3. Severance pay shall not be paid in the cases of proven misuse of company funds, or in the case of deliberate self-provoked discharge for the proven purpose of collecting the severance pay. “Deliberate self-provoked discharge” shall mean cases where an employee conducts himself or herself in a manner to compel discharge in order to collect severance indemnities rather than resign.

4. In the case where an employee separates from employment because of death while employed full-time, a severance benefit shall be paid as defined in Section 1. The amount shall be paid in cash in a single sum to his or her beneficiary. The term “beneficiary” means (a) the person or persons designated by the employee in the employee’s latest written notice to the Employer; (b) if there is no designated beneficiary living, the employee’s legal spouse; (c) if neither a designated beneficiary nor the legal spouse of the employee survives the employee, the employee’s estate. Any designation of the beneficiary may be changed from time to time by the employee by giving written notice to the Employer.

5. If an employee has been terminated for any reason, has received severance benefits under the terms and conditions of the contract and subsequently returns to work for The Post, he or she shall at the employee’s option:

(a) return the severance in a lump sum, or

(b) make no return of severance benefits received or make a partial return, in which case the amount not returned shall be subsequently withheld from any severance benefit the employee may be entitled to in the future.

(c) in the case of a discharge and reinstatement with the award of back pay, make no return of severance benefits received or make a partial return, in which case the amount not returned shall be credited against the back pay award. In that event the amount credited against the back pay award (equated in time, i.e., hours or weeks) shall be restored to any severance benefit the employee may be entitled to in the future.

ARTICLE IX

Pension

1. Terms and conditions of retirement are specified in The Denver Post-Denver Newspaper Guild Newsroom Employees’ Pension Plan as amended, the duration of which is hereby made coextensive with the duration of this agreement. Changes to the plan may be made from time to time as required by law.

Benefit formula:

The monthly benefit will be equal to the greater of (a) $45 per year of service per month, or (b) 1.65% times Average Final Monthly Compensation up to $1,500, plus 1% times Average Final Monthly Compensation over $1,500, the sum not to exceed $60 per year of service per month, multiplied by the number of the employee’s years of Credited Service. “Compensation” and early retirement rules are defined in the Pension Plan Document and Summary Plan Description, available in the Human Resources Department.

2. The Publisher and the Union agree that effective January 1, 2013, The Denver Post-Denver Newspaper Guild Newsroom Employees’ Pension Plan was frozen as follows:

(a) No Participant will accrue or be credited with any additional Benefit Service (as defined by the Plan) for service performed on or after January 1, 2013.

(b) For Participants who are Covered Employees and employed by the Publisher on January 1, 2013, all Benefit Service Credits as of January 1, 2013 will be considered vested without regard to actual Vesting Service.

(c) Participants who are Covered Employees and employed by the Publisher on January 1, 2013, shall be credited with (i) the Participant’s actual Benefit Service earned as of December 31, 2012; plus (ii) an additional credit of Benefit Service in an amount equal to the Participant’s actual Benefit Service earned for the Plan Year ended December 31, 2012. In other words, Participants will earn double Benefit Service credit for calendar year 2012.

(d) Compensation received by the Participant on and after January 1, 2013, shall not be taken into account for purposes of determining the Participant’s Average Monthly Compensation.

(e) Effective January 1, 2013, no new employees were eligible to become Plan Participants.

3. The Publisher will continue to contribute future amounts, if necessary, to maintain funding of the Plan as required by federal law and regulations based on actuarial recommendations.

4. The Union will continue to negotiate monthly benefit amounts with the Publisher in subsequent collective bargaining agreements. Future benefit increases will not be precluded by the freeze of the Plans as provided in Section 2 and may be negotiated, depending on funding and mutual agreement by the Publisher.

5. In addition to The Denver Post-Denver Newspaper Guild Pension Agreement, the Publisher will make contributions to The Newspaper Guild International Pension Plan (TNGIPP). The Publisher will contribute $8.1954 per week for each full-time employee to The Newspaper Guild International Pension Plan. Part-time employees will be eligible to become Participants in the TNGIPP, and contributions for part-time employees will be made after it is determined they have worked a minimum of one thousand (1,000) hours in a calendar year. The contributions will be pro-rated based on hours worked, and the rate of contribution will be based on the rate in effect at the time for full-time employees. No contributions will be made for part-time employees who have not yet worked one thousand (1,000) hours in a calendar year.

ARTICLE X

Defined Contribution Plan (401(k) )

The Publisher shall offer a 401(k) plan to all employees covered by this contract. The Publisher match of no less than 50% of the first 6% of eligible pay saved pre-tax under the Plan once an employee becomes eligible shall be suspended indefinitely.

ARTICLE XI

Transfers and Promotions

1. No employee shall be transferred by the Publisher to another enterprise in the same city, or to another city, whether in the same enterprise or in other enterprises conducted by the Publisher, without the employee’s consent and payment of all transportation and household moving expenses of the employee and his or her family. The “home base” of employees hired to work outside Denver shall be construed to be Denver for purposes of this Section. There shall be no reduction in salary or impairment of other benefits as a result of such transfer. An employee shall not be penalized for refusing to accept a transfer.

An employee’s consent to a transfer from the city in which they were hired to work to an assignment in another city is a round-trip commitment by the employee and the Publisher. The Publisher may choose to transfer the employee back to his or her original work location at any time, but will give reasonable advance notice to the employee. The Publisher shall pay transportation and moving expenses of the employee for the move to a new city and for the return to the original city. If the employee is terminated while assigned to the new city, the Publisher shall pay moving expenses back to the original city, but is not required to pay moving expenses to any other location.

To the extent practical, details of the transfer to the new city and the possible return shall be agreed upon in advance of the transfer, including the amount of moving expenses and length of advance notice of a return transfer.

For the purpose of this Article, the Seven County Denver Metro Area is one city.

Prior to accepting transfer consent from an employee, the Publisher shall discuss the application of this provision with the employee.

2. The Publisher’s right to make normal transfers is not restricted, but such transfers are not to be made for purposes of whim or harassment. An employee transferred to another job classification or department against his or her wishes shall have the right to appeal under the grievance procedure of this contract. If an employee refuses a job transfer at the time it is offered and resigns, he or she shall receive severance pay.

3. No employee shall in any way be penalized for refusing to accept a promotion.

4. (a) The Publisher shall post notices of vacancies for regular full-time positions except when the vacancy is to be filled by the reassignment of an employee without a change in the employee’s title.

(b) Current employees who have completed their probationary periods will be given first consideration when vacancies occur subject to the rehiring requirements of Article VII-B, Employee Security.

(c) Notice of such vacancies shall be posted on the bulletin boards in the departments involved and on one centrally designated bulletin board for at least seven (7) days or, at the option of the Publisher, five (5) days in cases of urgency in filling the position. The Guild will be notified of such vacancies. In cases of five (5) day notification, the date the opening must be filled shall be specified. All vacancy notices shall be posted by 10 a.m.

(d) Employees desiring to fill such vacancies shall submit written applications within the specified period of such posting or provide written notification of intent to renew a previous application on file. Upon request, the Publisher shall provide a written explanation to the employee of why an applicant is denied promotion or transfer.

(e) Employees transferred or promoted under this article shall be given a trial period of ninety (90) days, which period may be extended by mutual agreement. The Publisher’s evaluation of the employee’s progress shall be discussed with the employee at intervals during the trial period and at its end. During the trial period, the employee shall receive at least the minimum next higher than the employee’s salary in the classification from which the employee advanced, with full credit being given in experience rating for past similar work. Any time during the trial period, the Publisher may confirm or not confirm the employee in the new position, but shall confirm or not confirm the employee at least at the conclusion of the trial period.

(1) During the trial period, the employee may elect to return to a comparable position without penalty or prejudice.

(2) If the employee is confirmed in the new position, the trial period shall be included for all purposes in determining the length of service in the classification or job.

(3) If the employee is unable to perform satisfactorily the duties of the job, the employee will be returned to the employee’s old job without penalty or prejudice.

(4) Upon return to the old job or a comparable position, the employee will receive the salary to which the employee would have been entitled if the employee had not been advanced. The employee’s period of service in the higher classification shall be counted for all purposes as service in the classification from which the employee advanced.

(f) Part-time employees desiring a transfer to another part-time position or assignment within the employee’s job classification and department may submit a request for such transfer at any time. Transfer requests shall be kept on file by the department head. When an opening occurs in the position requested, the employee shall be given first consideration. If more than one employee requests the same transfer, consideration shall be made in seniority order. Such transfers shall not be denied without legitimate business reasons. Upon application, part-time employees shall be given first consideration for full-time positions in their job title and department.

5. The Employer is entitled at its sole discretion to select employees for all vacancies from among qualified applicants for such job openings. If the Employer determines that two or more applicants — whether current employees or not — are virtually equal in all other respects (considering ability to perform the work, previous experience, references, education and training, quantity and quality of work, attendance and other performance records, dependability, and other reasonable criteria), the employee with the greatest Company seniority shall be appointed to fill the bargaining unit vacancy, unless affirmative action considerations conflict.

ARTICLE XII

Hours of Work and Overtime

1. The five (5) day, forty (40) hour week shall apply to all employees, except that employees may work a four (4) day, forty (40) hour week by mutual agreement.

2. The working day shall consist of eight (8) hours falling within nine (9) consecutive hours. In the case of a four (4) day work week, ten (10) hours shall fall within eleven (11) consecutive hours.

3. The Publisher shall compensate for overtime at the rate of time and one-half in cash, except as noted in subsection (a) below. Overtime shall be defined as work beyond the unit of hours in the work day or work week, or any work performed outside of the properly posted scheduled hours except as noted in Article XIX, Part-time and Temporary Employees. The Publisher will endeavor to evenly distribute overtime and rotate overtime so that no single employee is burdened with excessive amounts of overtime work except where operational and skill requirements do not permit.

(a) Any employee assigned to work more than twelve (12) consecutive hours shall be paid double time for any work beyond twelve (12) hours.

(b) The Publisher shall cause a record of all overtime to be kept with such record to be made available to the Guild upon request. The Guild may request this information as regards all covered employees, or as regards only a department or generally recognized sub-department only. The Guild agrees to request overtime records on all covered employees not more often than three (3) times within any calendar year, but may request overtime records of a department or generally recognized sub-department or individual as often as once per month.

(c) An employee must be given and take a lunch break after working not more than five and one-half (5 1/2) consecutive hours.

(d) No employee shall, without his or her consent, be scheduled to work more than five (5) consecutive days without being given at least one (1) day off or being compensated at time and one-half rates for work on a sixth, and double time rate for a seventh or more consecutive days of work except as noted in Article XIX, Part-time and Temporary Employees.

4. An employee who is called back to work on his or her day off shall be compensated at a rate of time and one-half of straight time except as noted in Article XIX, Part-time and Temporary Employees. The employee shall receive four (4) hours of pay for up to four (4) hours of work and at least eight (8) hours of pay if the employee works more than four hours.

5. Employees called back after the regular day’s or night’s work shall receive a bonus of two (2) hours pay. This shall not be in payment for any time actually worked. Time and one-half of straight-time rates unless otherwise provided (with a guaranteed minimum of one (1) hour’s pay) for the time worked on said callback shall be paid.

6. That part of a scheduled shift within ten (10) hours after the completion of the employee’s previously scheduled shift shall be paid for at the rate of time and one-half. Agreed-upon exceptions to this will be the shifts immediately following municipal, state and federal elections.

7. Work schedules shall be posted in each department by 3 p.m. two Friday’s in advance of the effective date of the schedule, provided that no alterations may be made at any time except by mutual agreement of the employee and supervisor. Employees shall be allowed to trade shifts and/or days off provided (a) no overtime shall be paid as a result of such trade and (b) the supervisor agrees in advance to each instance of a trade. Overtime shall be defined as all work beyond the unit of hours in the work day, eight (8), or work week, forty (40), or any work outside of regularly posted scheduled hours not mutually rearranged as specified above. The Publisher may elect not to post weekly work schedules in those work groups that are normally scheduled for the same hours but to post the work schedule whenever there is a change in the normal schedule, including scheduled overtime, and inform all employees in the work group of the schedule change as soon as practical but no later than 3 p.m. two Friday’s in advance of the change.

8. Employees who work shifts starting between the hours of 6 a.m. and midnight on Sundays shall at their request be given consecutive days off during the week.

9. An employee working more than four (4) hours in any one shift of eight (8) hours in a higher wage classification shall be paid at the rate of pay for the higher wage classification.

10. (a) Time actually spent in transit by employees traveling to and from out-of-town assignments, including travel time on overnight assignments, shall be considered working time. Insofar as possible, the travel time shall be scheduled within the normal work day. Where the employee is permitted a choice of more than one form of transportation, the shortest time by which the assignment can be reached shall be allowed.

(b) Insofar as possible, the employee shall adhere to the eight (8)-hour work day.

(c) In cases involving out-of-the-ordinary news developments, including picture assignments, the employee is authorized to work overtime at the rate of time and one-half for actual hours worked. The department supervisor shall be the judge of the validity of such overtime when submitted, subject to the grievance procedures outlined in the contract.

(d) In cases involving travel to out-of-state assignments where the employee is forced to return on the next or some succeeding day, the following policy may be adhered to:

(1) Where the situation is known in advance, the employee’s work schedule may be adjusted to give him or her a different day off during the same calendar week.

(2) Where the situation is not known in advance, the employee shall be entitled to a compensating day off.

11. On request, full-time employees in the newsroom who are on general assignment shall be scheduled for Saturday and Sunday off at least one (1) week out of each six (6). If the employee is on special assignment when his or her scheduled weekend off is due, the weekend off shall be rescheduled to another weekend to allow completion of the special assignment. Employees in other editorial departments who can be considered on general or non-beat assignments by the Publisher may at certain times of the year request the same consideration for weekend time off when considered feasible by the department head.

12. Under no circumstances will an employee receive more than double-time pay for any time worked.

13. The department head shall keep accurate records of compensatory time.

ARTICLE XIII

Holidays

1. The recognized holidays are: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and two floating holidays after six months of employment.

2. Employees who are not required to work on those holidays will receive their regular day’s pay. Full-time employees who are required to work on a holiday will be paid at double the straight-time rate for not less than eight (8) hours.

3. Arrangements for selection of the floating holidays must be made and mutually agreed to with the employee’s department head. The department head shall be notified at least two (2) weeks in advance of the employee’s choice of his or her floating holidays which can be earned once in a calendar year, and taken on a mutually agreeable date. If two or more employees in the same department or section request the same floating holiday, the department head will endeavor to grant the requests, but if he or she must limit the number who can take the same floating holiday, requests will be granted on the basis of full-time Company seniority.

4. If a holiday falls on an employee’s regular day off, he or she shall be given an additional day off by mutual arrangement with the Employer.

5. Part-time employees who work on a recognized holiday shall be compensated at double their regular rate for the hours actually worked.

6. By agreement with the Publisher, an employee may select any two (2) religious holidays to substitute for any two (2) of the holidays listed in Section 1 above. Such selection shall be arranged with the department head not less than two (2) weeks before the religious holidays chosen.

7. An employee’s regular day off will not be changed or shifted to avoid payment of holiday premium pay he or she normally would receive.

ARTICLE XIV

Vacations

1. The vacation period shall be for the entire calendar year.

2. Eligibility for vacations shall be determined as follows: Employees shall accrue (a) two (2) weeks’ vacation with pay after one (1) year of continuous service, one week of which may be taken after six (6) months; (b) three (3) weeks’ vacation with pay after three (3) years’ continuous service; (c) four (4) weeks’ vacation with pay after seven (7) years of continuous service with the Publisher.

Employees may take vacation as it is accrued after six (6) months of employment.

3. Accrued vacation shall be computed from the anniversary date of employment.

4. A full-time and a part-time vacation calendar covering April 1 of the current year through March 31 of the following year shall be posted in all departments or sections by February 1 of each year, together with a list of names of full-time employees ranked in order of full-time company seniority and a list of part-time employees ranked in order of company seniority. Employees must select vacation dates on the basis of their seniority prior to April 1, or lose their seniority rights for vacation selection. Changes shall not be made in the vacation schedule after April 1, except upon mutual agreement between affected employees and the department head. Part-time employees shall be permitted to schedule vacations in the same manner as full-time employees as described in this Article, except they will be provided a separate vacation calendar.

5. If an employee has not taken all his or her vacation within one year from the employee’s anniversary date, the employee may carry over accrued vacation to a subsequent year, as provided in Sub-Section (a) below. Employees are responsible for scheduling and taking enough vacation to avoid accrual in excess of the limits specified in Sub-Section (a) below. Cash in lieu of vacation will not be paid except as provided in Section 7 of this Article. Carryover from one calendar year to the next will be limited to a maximum described below. Employees will use the vacation in a timely manner or lose the excess hours above their limit.

  1. Carryover from one calendar year to the next will be limited to a maximum of one year’s accrual. There will be no carryover of more than one year’s accrual allowed unless the taking of scheduled vacation by an employee was canceled by mutual agreement at the request of management, in which case any carryover for this reason shall be scheduled and taken by March 31 of the following year, but will not change the carryover limit at the end of that following year.

6. Requests for single-day vacation time will be considered in the order they are received. Employees scheduled for full-workweek vacation time shall have precedence over requests for single-day vacation.

7. An employee whose vacation time includes a recognized holiday shall receive a substitute day with pay on a mutually agreeable date.

8. Upon termination of employment, an employee (or his/her estate in case of death) shall receive accrued vacation pay. Employees who terminate employment within their first six months of service shall not be paid their accrued vacation.

ARTICLE XV

Sick Leave

1. Sick leave is designed to protect employees against loss of income during periods of legitimate illness, injury or disability. Sick leave may be used to cover absences caused by the illness of or injury to the employee, employee’s immediate family or domestic partner. Illness or injury shall include doctor or dental appointments. Proven abuse, defined as any situation in which an employee falsely claims the reason for missed work is illness, injury, disability or doctor or dental appointment(s), may result in discipline up to and including discharge. Excessive use of sick leave, including a pattern of use, may also result in discipline up to and including discharge. Such discipline shall be reviewed by the Human Resources Department. If reasonable cause for suspicion of misuse or abuse of the sick leave benefit arises, the Employer may request the employee provide a doctor’s note or other appropriate documentation.

2. No deductions shall be made from overtime or vacation credited or to be credited to an employee because of illness unless the absence occurs on the scheduled sixth day outside the employee’s regular schedule.

3. Sick leave of not less than twelve (12) working days, ninety-six (96) hours, shall be accrued per calendar year (pro-rata for partial calendar year) of employment, and be accumulated up to thirty-six (36) days, two hundred eighty-eight (288) hours.

4. No employee absent from work due to legitimate disability shall receive more in benefits than his or her regular take-home pay.

5. Where an employee is absent due to legitimate disability and where no other weekly benefits are provided, he or she shall receive his or her regular take-home pay from accrued sick-leave credit to the extent that such sick-leave credit is available.

6. Where an employee is absent due to legitimate disability and other weekly benefits are available, accrued hours of sick-leave credit shall be paid to the extent that such sick-leave credit is available to make up the difference between the total regular take-home pay and other weekly benefits. Only the hours of sick-leave pay used to make up the difference shall be charged the employee’s accrued sick-leave credit.

7. Sick-leave compensation for part-time employees shall accrue in proportion to total hours worked. The accrual rate for part-time employees is one-half the accrual rate of full-time employees (six (6) days per year pro-rata based on hours worked).

8. After five consecutive days of absence because of illness of the employee, the employee is eligible to apply for sickness and accident coverage (Short-Term Disability) as provided in Article XVI, Health Plan and Other Benefits, Section 4.

ARTICLE XVI

Health Plan and Other Benefits

The Employer shall offer The Denver Post Health Plan, or a successor plan, which will provide Medical, Dental, Vision and Life/Accidental Death and Dismemberment (“AD&D”) Insurance plans, Sickness and Accident coverage (“Short-Term Disability”) and Flexible Spending Accounts and Sec 132(f) tax-free Qualified Transportation Benefit Accounts to eligible employees covered by this collective bargaining agreement, upon proper enrollment.

1. ELIGIBILITY:

Full-Time Employees:

(a) Full-time employees become eligible the first of the month following one full calendar month from the date of full-time employment for The Denver Post Health Plan (which includes medical, dental and life and AD&D insurance benefits), with the exception of Short-Term Disability.

Part-Time Employees:

(a) Part-time employees become eligible for a medical HMO plan, Dental and Vision benefits (Dental and Vision premiums will be paid 100% by the part-time employee) when they have worked an average of 27 hours per week during a “Measurement Period” described in this paragraph. The Measurement Periods shall be: (1) October through February of the following calendar year, and (2) April through August. To maintain coverage under these benefits, the employee must continue to be paid an average of 27 hours per week in each Measurement Period. The Benefits Department will review the hours paid for each of the Measurement Periods and will notify the employee during March and September if he or she is no longer eligible, or becomes eligible, for benefits during the Measurement Period that has just concluded.

(b) For coverage to be effective, part-time employees must properly enroll by the end of the month of the notification period (March and September of each year).

(c) If an employee loses eligibility because of a reduction in hours, he or she will be offered COBRA continuation coverage (for a period of up to 18 months) and will pay 102% of the cost of the benefits. Hours shall not be reduced solely to avoid the payment of benefits under this section.

2. PREMIUM SHARE:

  1. Medical coverage: The Employer shall make Medical premium share contributions for full-time and part-time employees enrolled in the primary medical plan (currently Kaiser DHMO) as follows:

Employee Only 78%

Employee + Child(ren) 70%

Employee + Spouse 70%

Employee + Family 70%

The change in the Employer’s Employee Only premium share from 70% to 78% shall be effective the beginning of the first pay period in the month following ratification.

For any other Medical plans offered, the Publisher shall pay an amount equal to its share of the Kaiser DHMO plan or its successor plan premiums and the enrolled employee shall pay the remainder.

(b) The Employer shall offer Dental and Vision plans.

    1. The Employer’s contribution for Dental Insurance shall not be less than 64% for full-time employees. Eligible part-time employees will pay 100 percent of the dental premium.

    1. Employees shall pay the full cost of the Vision plan.

(c) The employee shall pay his or her premium share by payroll withholding or directly to a Third Party Administrator (“TPA”) if COBRA coverage has been offered and elected.

3. LIFE AND AD&D INSURANCE:

(a) The group term Life and Accidental Death and Dismemberment Insurance for full-time employees up to age 65 shall be one times (1X) the employee’s annual base wage, annualized and rounded up to the nearest $1000 up to age 65. An age reduction schedule applies after age 65.

(b) The cost of this coverage within the Employer’s Plan will be fully paid by the Employer.

(c) An additional amount of life insurance and voluntary AD&D insurance may be purchased by the employee.

(d) The rates for this coverage are provided during the annual Open Enrollment period.

(e) Complete information: For a detailed description of the Life, Accidental Death and Dismemberment and STD Insurance plans and the terms, conditions and extent of benefits refer to the Plan document, which is available in the Benefits Department.

4. DISABILITY:

(a) Short-Term Disability (“STD”): The Employer shall provide STD coverage for all full-time employees covered by this agreement. Employees hired after the date of implementation of this Agreement shall have a waiting period of one (1) year from their date of hire before they are eligible to receive STD benefits.

  1. The first five (5) days of absence because of illness (“Elimination Period”) will be charged to the employee’s sick leave, if any is available. If an employee’s sick leave has been exhausted, the elimination period will be unpaid. Upon proper application by the employee to the Employer’s Third Party Administrator (“TPA”) and upon approval by the TPA, payment for the STD benefit will be paid for the sixth (6th) day of absence because of illness and consecutive days of disability through the period of time approved by the TPA, up through a maximum of twenty-six (26) weeks.

  1. Complete details regarding the Employer’s disability benefit and procedures for applying are available in the Benefits Department.

(b) Long-Term Disability (LTD): Full-time employees shall be eligible and are encouraged to purchase this insurance at a group rate.

5. FLEXIBLE SPENDING ACCOUNTS:

(a) Medical and dependent care spending accounts will be made available and will be defined and administered as required by law.

(b) In addition, the Sec 132(f) tax-free Qualified Transportation Benefit for parking and/or transportation costs will also be made available and will be defined and administered as required by law.

(c) The benefits in Paragraphs (a) and (b) can be elected during the annual Open Enrollment period and are available to all employees regardless of whether they are eligible for other benefits in this Article. The Employer shall pay all administration costs of these plans.

6. OPEN ENROLLMENT: Employees shall have the right to change elections under the Employer’s Health Plan and other benefits within specific Open Enrollment dates set each year by the Employer. Once an employee makes a selection, the employee must remain in the selected plan the remainder of the plan year unless the employee sustains a qualifying life event as defined by the Plan.

7. BENEFITS AT RETIREMENT:

(a) Early retirement between ages of 55-64:

1. Employees who elect early retirement from the Employer after January 1, 2008 shall have the option of continuing their medical coverage paid fully by the employee at the early-retiree group rate.

2. Employees who retired from the Employer prior to January 1, 2008 shall have the option of continuing their medical coverage paid fully by the employee at the active employee group rate.

(b) Normal retirement at age 65 or older:

1. Employees who retire from the Employer shall have the option of continuing their medical coverage paid fully by the employee at the post-65 retiree group rate.

2. Employees who are age 65 or older must have proof of their MediCare Part B coverage/award letter from the Social Security office at least 30 days prior to the date of retirement to be eligible to continue medical coverage on the group Medigap plan as required by current Center for Medicare and Medicaid Services regulations. Arrangements for payment of the full premiums by the employee shall be made with the Benefits Department prior to retirement.

(c) Employees not electing to continue medical coverage through the Employer’s medical plans at the time of retirement will not be eligible to elect medical coverage at a later date.

(d) Continuation of other benefits for which retirees are eligible will be offered through COBRA.

8. WELLNESS PROGRAM: The Employer and the Union may participate in meetings with The Denver Post and the other Unions to jointly develop a Wellness Program for all employees. Any Wellness initiative must be mutually agreed to by both the Employer and the Union(s).

9. BENEFITS PLAN DESIGN:

(a) The Employer will select all benefit plans (medical, dental and other plans) and all benefits components provided in those plans (e.g., co-insurance amounts or percentages, as well as deductibles and out-of-pocket employee costs) that constitute the design of these plans. Any changes in plans or plan design will be reasonable.

1. “Reasonable” is defined as meaning that medical plan design components will be selected based on benchmarks (1) among employers of similar size (currently 500 or more employees) in Colorado and (2) in the national Printing and Publishing Sector. Benchmark data will include, but not be limited to, benefit components of plans, data comparing cost per employee per year, and the Employer’s demographics compared to those of the benchmarks.

2. If the Employer’s actual cost per employee per year is projected to be less than that of the demographically adjusted benchmark per employee per year costs, the Employer will not reduce medical plan design benefits provided for employees for the following year.

(b) The Employer will provide information to and receive comments from the Union in analyzing information received from the benefit providers before any decisions are made concerning benefit plans or plan components each year, but is not required to bargain such changes. If the Union believes the changes are unreasonable it may file a grievance under Article VI, Grievance Procedure.

(c) The Union will negotiate share of premium for benefits but will not negotiate the benefit providers selected or the benefit plan design or components.

10. PLAN DOCUMENT: The components of the Employer’s Health Plan are contained in the Plan document, a copy of which may be obtained in the Benefits Department. The specific terms and conditions for each benefit will be governed by the insurance contract or other benefit program documents.

11. EMPLOYEE ASSISTANCE PROGRAM (“EAP”): The Employer will offer an Employee Assistance Program to provide assessment, referral, focused therapy and coaching for employees and household members in dealing with personal problems, such as substance abuse, stress or emotional issues or financial problems that may affect job performance. Employees who enter an acceptable rehabilitation program shall be given a reasonable opportunity to control the problem or disorder, but it is explicitly understood that submission to treatment alone shall not provide immunity from termination or other appropriate discipline.

12. ADOPTION ASSISTANCE: The Employer shall offer an Adoption Assistance benefit to full-time employees and part-time employees who work a minimum of 30 hours per week. Contact the Benefits Department for additional information.

13. TUITION REIMBURSEMENT:

(a) The Employer shall pay tuition costs for an active employee attending university, college, trade school or other institution under the following conditions:

1. Employee must have a minimum of one year of full-time employment with the Employer and currently work in a full-time position.

2. Application for tuition assistance benefits must be approved before an employee begins course work.

3. Course(s) must be taken at an accredited college, university, trade school, or other institution, and be considered to be related to the employee’s current job assignment or logical avenues of promotion.

4. Course(s) must be successfully completed, normally within 60 days of the estimated completion date. Successfully completed shall mean receipt of a grade A, B or C. No reimbursement will be made for a grade below a C.

5. Reimbursement is at the rate of 50% and applies only to tuition cost.

6. Employee’s full-time status must be retained through course completion. Any change in this status shall disqualify reimbursement.

7. No reimbursement will be made that duplicates costs covered by governmental or other educational grants.

8. An employee who voluntarily terminates employment within six (6) months of receiving tuition assistance shall repay the Employer one-half of the total amount of tuition assistance received from the Employer during the immediate previous twelve (12) months of employment. An employee who voluntarily terminates employment within twelve (12) months of completing a course of study resulting in a degree or certification, shall repay the Employer one-half of the total amount of tuition assistance received from the Employer during the immediate previous twenty-four (24) months of employment.

ARTICLE XVII

Leaves of Absence

1. Upon request, the Publisher shall grant leaves of absence for good and sufficient cause.

2. Employees may receive leaves of absence without prejudice to continuous service in determination of severance pay. (General increases will apply only for those employees on leave of absence for a period of six (6) months or less.) Upon request, leaves of absence shall be granted to delegates elected to The Newspaper Guild, CWA or AFL-CIO conventions, both national and local; to delegates elected to special meetings called by The Newspaper Guild; and to employees elected or appointed to local or national Guild, CWA or AFL-CIO office or position. An employee on such leave shall be reinstated in the same or comparable position upon expiration of such leave. No severance pay shall accrue during leaves of absence. Right to reinstatement shall terminate in the event an employee on leave engages in gainful employment other than that for which the leave was granted. The number of employees on leave to accept local or national Guild, CWA or AFL-CIO elective or appointive office shall be limited to one (1) at any time except by mutual consent of the Publisher and the Union. Employees on leave to accept local or national Guild, CWA or AFL-CIO elective or appointive office may receive benefits of Article XVI, Health Plan and Other Benefits, and Article IX, Pension, during such leave, provided prior arrangements for payment of necessary premium is made with the human resources department and contingent upon such payments being timely made.

3. An employee shall be granted up to four (4) consecutive scheduled working days of paid leave of absence in the event of the death of a spouse, child or domestic partner. In the event of the death of a parent, parent of spouse, brother, sister, grandparent, surrogate parent or nearest blood relative, the paid leave of absence shall be up to three (3) consecutive scheduled working days. Within seven (7) days of the death, the employee shall work with his/her supervisor to schedule the time off. Regular scheduled day(s) off and holidays shall not count against an employee’s entitlement to paid leave under this section, but no leave shall be granted while an employee is on vacation, leave of absence or otherwise not working. The employee may extend the leave provided in this Article by a maximum of thirty (30) days through any combination of vacation and unpaid leave of absence if the request is made to the employee’s supervisor or Human Resources Department before the end of the paid funeral leave period.

4. The Publisher shall grant child-care leaves to full-time employees who are the primary caregivers up to twelve (12) months in length inclusive of any paid disability period. The Publisher also shall grant unpaid spousal leave to full-time employees for the purpose of childcare for up to six (6) months. Adoptive parents shall receive the same benefit considerations with respect to childcare leave as natural parents.

By arrangement with the Publisher, an unpaid leave for the purpose of child care shall be granted to part-time employees who are the primary caregivers who have worked for the Employer one (1) year or more and average twenty (20) or more hours of work per week. Such leave shall not exceed one hundred eighty (180) calendar days in duration, which may be extended by mutual agreement.

ARTICLE XVIII

Military Service

1. The Employer shall honor all requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA) as it applies to an employee who has been absent from work due to “service” in the U.S. uniformed services. “Service” under USERRA means the performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, absence from work for an examination to determine a person’s fitness for these duties, and funeral honors duty performed by National Guard or reserve members.

2. An employee engaged in uniformed services described above shall be considered an employee on leave of absence, and on release from such service shall resume his or her position or a comparable one with a salary no less than he or she was receiving at the time of entering such service. If the scale minimum of his or her experience classification should be higher on his or her return, he or she will then be entitled to that minimum.

3. An employee called to serve or who voluntarily enlists shall be paid in cash an amount equal to the amount of severance pay to which such employee would be entitled if he/she were laid off, in accordance with Article VIII-B, Severance Pay. Upon return to employment, the employee will begin accruing a new severance period beginning from the date the employee left employment to enter the service. If the employee is unable to return to work due to death or disability, additional severance will be paid from the point the employee left employment until the death or disability. Severance pay will be based on the rate of pay used to pay severance when the employee left employment to enter the service

4. Application for resumption of employment must be made within ninety (90) days after termination of such service, plus accepted travel time from separation center to place of employment.

5. An employee promoted to take the place of one entering such service may, upon the resumption of employment by such employee, be returned to his or her previous position and salary, but at not less than the then current minimum for that position. An employee so promoted, and while such promotion is temporary, shall continue to receive credit for his or her employment in the experience rating in which he or she is classified. In the event of a subsequent permanent change in employment and consequent change of classification, the employee shall receive full credit in his or her experience rating in such new classification for the period in which he or she has already been engaged in such new classification.

6. An employee hired or promoted as replacement of an employee entering such service shall be given a written notice to that effect at the time of such employment or promotion, said notice to state which employee he or she is replacing, and a copy of such notice shall be sent to the Guild.

7. Employees in the active reserves of the Armed Forces or in the National Guard shall be granted leaves of absence without pay to attend required annual encampments or call to duty for emergency service. Such employee must inform the Publisher of this reserve status and must give notice of encampment date immediately on notification of such dates.

8. All employees on the completion of military leave shall receive the following benefits: (1) credit of time spent in service in computing vacation seniority rights, (2) credit of time spent in service in computing length of continuous service with the Employer, (3) reinstatement in a group insurance plan without a waiting period of thirty (30) days.

ARTICLE XIX

Part-Time and Temporary Employees

1. A part-time employee is one who is hired to work less than forty (40) hours in a work week. A temporary employee is one employed on a special project for a period of no more than six (6) months, except in cases where a temporary employee is hired to replace an employee on leave, then temporary employment shall be for the duration of the leave. When temporary employees are hired, the Union shall be notified of the temporary or special projects that require such hiring and the anticipated duration of such projects.

(a) Except by mutual agreement, part-time employees will not be scheduled to work more than five (5) days in a work week.

(b) Part-time employees may decline work days outside of their posted schedule.

(c) The provisions of Article XII, Hours of Work and Overtime, with regard to overtime pay for work on a sixth (6th) or seventh (7th) day and work outside of posted schedules do not apply to part-time employees.

(d) Hours worked by a part-time employee in a week may increase to forty (40) or more hours or decrease based on business needs without changing the employee’s part-time status, except as noted in Section 3 of this Article.

2. The Publisher may use individuals from temporary agencies or other labor pools based upon the following conditions:

(a) If these individuals are used for more than two weeks, the Publisher shall notify the Guild.

(b) The use of these individuals may not exceed six (6) weeks in duration without mutual consent of the Publisher and Guild.

(c) These individuals may not be used to avoid the hiring of Guild-covered employees.

3. Part-time or temporary employees shall not be employed where, in effect, such employment would eliminate or displace a full-time employee. In cases where the duties of part-time employee(s) can be consolidated into a full-time position as described in Article XII, Hours of Work and Overtime, Sections 1 or 2, a full-time position shall be created, provided the part-time positions have met the definitions of Article XII, Hours of Work and Overtime, Sections 1 or 2 for at least the previous six (6) continuous months. With the mutual agreement of the Publisher and Union, full-time positions can be restructured to accommodate employee requests for flexible work schedules or job-sharing.

4. Part-time employees shall receive all the benefits and are covered by all provisions of this contract except as limited in this contract. Temporary employees shall receive all the benefits and are covered by all provisions of this contract, except those outlined in Article XVIII, Military Service.

5. Part-time employees will be paid an hourly wage rate specified for full-time classifications. Part-time employees shall move into the next higher wage step when the employee has worked the number of full-time equivalent hours for the next pay step.

6. Vacation credit for part-time and temporary employees shall accrue in proportion to total hours worked; however, part-time employees who terminate employment within the first six (6) months of their employment shall not receive payment for accrued vacation credits upon termination.

7. Part-time employees will be given preference ahead of new part-time or temporary employees for work on holiday or vacation relief assignments normally performed by full-time employees. At the conclusion of such relief assignments, they will be returned to their former position as part-time employees.

ARTICLE XIX-A

COMMUNITY PUBLICATIONS (YOURHUB)

Except as specified in the following paragraphs, the collective bargaining agreement between the Publisher and the Guild shall apply to the employment of Community Publications Department staff members. In the event of any contradiction between the collective bargaining agreement between the parties and this Community Publishing Article, this Article shall govern.

1. Community Publications Editors may perform any and all work normally performed by bargaining unit employees working in the Community Publications Department to the extent necessary to meet deadlines or otherwise replicate a weekly newspaper operation.

2. Transfers and Promotions. Bargaining unit employees in the Community Publications Department may apply for vacant daily edition positions and shall be given first consideration for the position. If chosen for any daily editions position, the employee shall be granted one year of experience for all service in the Community Publications Department, and shall be paid not less than the 2nd year scale.

3. Hours and Overtime. The 40-hour weekly schedule of full-time employees may include a 10-hour shift on the day that sections are completed and transmitted to the production departments, and a 6-hour shift on another day of the work week. The 4-day 40-hour week permitted under Article XII of the collective bargaining agreement shall be at the Publishers discretion and shall not require mutual agreement; it is understood that schedules will not alternate unreasonably between five 8-hour shifts and four 10-hour shifts.

4. Wages. The wage scale for Community Journalist is listed under classification 19 in Article XX, Wages.

5. Higher Classification Pay. Community Journalists shall be paid at Entry Level Scale for daily journalists when assigned to perform more than nominal work for the daily edition or assigned a story that is only for the daily edition, but shall not be entitled to additional compensation if any part of the work product for YourHub is published in another Denver Post product. A story or photo produced for YourHub may also be used by The Post online or in print.

6. Discontinuation. If the Publisher discontinues its community publications for any reason, the employment of employees of the Community Publications Department covered by this Agreement may be terminated by the Publisher without cause. In this event, claims filed by terminated employees of Colorado Unemployment Compensation will not be challenged by the Publisher.

ARTICLE XX

Wages

  1. Employees shall be compensated at not less than the following weekly minimum rates for their respective classifications:

Effective July 31 2016, increase all scales by 3%. (for salaried employees, 3% to prior amount)

February 2017, wage opener to be negotiated jointly with all Guild/DFM units.

February 2018, wage opener to be negotiated jointly with all Guild/DFM units.

Classification3

Editorial Assistant

Date

Starting

6 mos.

18 mos.

30 mos.

42 mos.

03/15/09

576

616

655

696

748

07/31/16

593

634

675

717

770

Classification 11-B

Digital Photo Editor

Date

Starting

2nd yr

3rd yr

03/15/09

802

866

940

07/31/16

826

892

968

Classification 7

Senior Editorial Assistant

Date

Starting

6 mos.

18 mos.

30 mos.

42 mos.

03/15/09

771

826

878

933

995

07/31/16

794

851

904

961

1025

Classification 13

Assistant Librarian

Date

Starting

6 mos.

18 mos.

30 mos.

42 mos.

03/15/09

811

868

923

981

1046

07/31/16

835

894

951

1010

1077

Classification 8

Reporter, Photographer, Artist, Society Editor

Date

1st yr.

2nd yr.

3rd yr.

4th yr.

5th yr.

6th yr.

03/15/09

739

803

872

967

1062

1292

07/31/16

761

827

898

996

1094

1331

Classification 10

Critic, Digital Producer

Date

1st yr.

2nd yr.

3rd yr.

4th yr.

5th yr.

6th yr.

03/15/09

765

834

899

992

1083

1297

07/31/16

788

859

926

1022

1115

1336

Classification 11

Editorial Writer, Editorial Cartoonist, Picture Editor, Senior Producer, Section Editor

Date

1st yr.

2nd yr.

3rd yr.

4th yr.

5th yr.

6th yr.

03/15/09

902

942

976

1012

1107

1306

07/31/16

929

970

1005

1042

1140

1345

Classification 12

Columnist, Systems Editor, High School Sports Editor, Online News Editor, Designer, Lead Designer, Assistant Editor

Date

1st yr.

2nd yr.

3rd yr.

4th yr.

5th yr.

6th yr.

03/15/09

946

1016

1086

1162

1242

1330

07/31/16

974

1046

1119

1197

1279

1370

Classification 19

Community Journalist

Date

Start

11/01/12

630

07/31/16

649

Classification 53

Sr. Technical Producer, Sr. Software Developer

Date

Salary

11/01/12

70,000

07/31/16

72,100

See MOA #3

Employees paid above the minimum for their experience rating and classification shall receive a general increase at least equal to the negotiated minimum wage increase appropriate to their experience rating and job classification.

2. A night differential of $4.00 per shift shall be paid to all full-time employees whose work day begins before 7 a.m. or extends after 7 p.m. This differential will apply only to those part-time employees who work a full shift.

Any overtime extending into night hours shall not entitle the worker to the night differential. This differential shall be included in computation of vacation pay and sick leave pay for those who regularly receive night differential.

Any employee who has a scheduled work day starting at 3 p.m. or later prior to a single day off and starts a work day at 8 a.m. or earlier following a single day off where his time off period is thirty-two (32) hours or less will receive a $4.00 bonus in addition to any night differential he might be entitled to under the provisions outlined above.

3. Interns are defined as students currently enrolled in a college or high school program or recent college graduates. Interns may be hired up to twenty (20) weeks for the purpose of gaining practical experience in the field of journalism as an adjunct to their educational training. Full-time interns will be paid not less than seventy (70) percent of the beginning scale in the classification in which they work. Part-time interns will be paid not less than sixty (60) percent of the beginning scale in the classification in which they work. Interns will not be used as clerks.

ARTICLE XXI

General Wage Provisions

1. In the application of the schedules of minimums in Article XX, Wages, experience shall include all employment in comparable work. Employees shall be classified as to the job title and experience rating at the time of employment, transfer or promotion.

2. There shall be no reduction in salaries during the life of this agreement.

3. The minimum wage rates established herein are minimums only. Nothing herein shall be construed to alter or modify the right of employees to bargain for individual pay increases in their own behalf, but the Publisher agrees not to bargain with any individual employee for, or to enter into any agreement providing for, a salary less than the minimum set up in this agreement or less than any salary established between the Publisher and the Guild. Individual merit may be recognized by increases above the minimum.

4. Pay for the previous two-week pay period shall be available to employees by direct deposit no later than Friday morning. The Employer may change pay dates with thirty (30) days prior notice to employees and the Union. The Employer and the Guild will work out details of the transition plan.

5. (a) The job content of each classification set forth in Article XX, Wages, is contained in the job descriptions.

(b) No job content of classifications described in Section 5(a) above shall be altered except by mutual agreement of the parties on a new job description and applicable minimum salary. Should the Publisher create a new job, he shall furnish the Union with the proposed job description and the parties shall negotiate a new minimum.

(c) The new minimum referred to in Section 5(b) above shall be retroactive to the date the new job content is agreed upon.

6. Any employee who works full time in a higher classification shall receive at least the minimum in the higher classification next higher than his or her regular salary while so working.

ARTICLE XXII

Expenses and Equipment

1. The Publisher shall pay all authorized legitimate expenses incurred by the employee in the service of the Publisher.

2. Employees making their personal automobiles available for use at the authorization of the Publisher shall be reimbursed for all business miles as follows:

  1. Photographers, the IRS rate.

  2. Bureau Reporters stationed outside the metro area, the IRS rate.

  3. Reporters, IRS rate less 5 cents per mile.

(d) Each employee being reimbursed under Section 2 shall provide the minimum automobile liability, personal injury protection and uninsured/underinsured motorist coverage as required by the State of Colorado. The Denver Post shall receive in a timely manner proof of insurance coverage and shall be notified immediately by the employee if the employee becomes uninsured.

3. Necessary working equipment shall be provided by the Publisher who shall be the sole judge of need for the equipment.

4. The Publisher will reimburse up to $50 per month for employees required by management to have a cell phone and up to an additional $25 per month reimbursement for employees required to transmit data from their cell phone.

5. Effective the later of date of ratification or July 31, 2016, where free parking is not made available by the Company, employees who are required by the Company to make their personal automobile available for use on assignment shall pay half of the monthly parking rate charged to other employees at such location.

ARTICLE XXIII

Miscellaneous

1. (a) An employee’s byline shall not be used over his or her protest.

(b) In editing of bylined reviews and assessments of public entertainment, affairs and events, the writer’s opinions – as distinct from his or her choice of words, style and structure – shall not be changed without his or her consent, unless his or her byline is removed.

(c) If a question arises as to the accuracy of a printed news story, no correction or retraction of that story shall be printed until the Publisher has made every reasonable effort to consult with the reporter.

2. (a) The Publisher agrees to provide bulletin boards suitably placed for the exclusive use of the Guild. Maintenance of locks shall be the responsibility of and at the expense of the Guild.

(b) Except as provided in this agreement, members and/or administrative agents of the Guild shall not conduct union business with employees on company time where such business interferes with the timely completion of work.

3. No employee to whom this contract is applicable shall be required to take over the duties of any employee in another department of the Publisher or any other newspaper in the event of a labor dispute in such other department or newspaper.

4. The employees of the Publisher shall be free to engage in any activities outside of working hours, provided such activities do not consist of services performed for media in direct competition with the Publisher and provided further that without permission no employee shall exploit his or her connection with the Publisher in the course of such activities. The employee must consult with a senior editor prior to performing any work for other media.

5. When the product of an employee’s work is sold by the Publisher to any enterprise other than the one in which he or she is employed or the Publisher already is under contract with, the Publisher shall compensate said employee for such other use at a rate to be mutually agreed between the Publisher and the employee. Photographs and news stories are the property of the Publisher. If a photograph or news story is sold, the Publisher will pay the photographer or reporter half of the proceeds up to $2,000 per transaction. If the sale price of the photograph or news story is more than $2,000, the amount exceeding $2,000 will be shared according to a percentage mutually agreed between the Publisher and the photographer or reporter.

6. An employee called to a jury panel shall so notify his or her supervisor in advance and will be excused from his or her work to report for this duty. If not selected as a juror, the employee shall return to work without delay and will be paid for time absent. If the employee is selected as a juror, he or she shall call his or her department head as soon as possible and inform the supervisor of his or her being selected a juror. Full wages shall be paid to the employee when so engaged as a juror. All monies received by the employee for his or her services as a panel member or juror shall be turned over to the Publisher with full endorsement.

An employee regularly scheduled nights, provided the employee notifies his or her department head prior to the posting of the work schedule, shall be scheduled for day work and the above-mentioned provisions will apply.

The above provisions shall also apply to any employee who is subpoenaed to testify in any court or administrative proceeding provided the employee is not a defendant in such proceedings, unless he or she is a defendant in an action that is job-related.

7. The Publisher shall provide each present employee within the bargaining unit and all employees hired within the unit after the signing of this contract with a copy of this contract and a copy of the Post-Guild Pension Plan.

8. The Publisher agrees to furnish at all times a healthful, sufficiently ventilated, properly heated, properly lighted, reasonably quiet, clean and uncrowded area that meets safety requirements established by law for the performance of all work. The employee shall assist in maintaining clean and healthful rooms in which to perform all duties. Three Guild representatives and three Publisher representatives shall be appointed as a safety committee to meet monthly or on call of any two members to discuss safety matters or implementation of this section. The Publisher shall review all recommendations of the safety committee.

9. No employee shall be assigned to any aircraft flight over his or her objection. For those employees who are assigned to aircraft flights, the Publisher shall provide not less than $100,000 accidental death insurance protection.

10. The Publisher shall furnish to the employee and the Guild (unless the employee requests that a copy not go to the Guild) a copy of any criticism or commendation when such document is retained by a department head or supervisor or the human resources department. Supervisors shall be responsible for notifying the employee any time such statements or notes are placed in his or her file. The employee shall be allowed to place a reply to any such statement or documents in his or her file. An employee shall have the right to examine his or her file or files at reasonable times. Statements of department policies shall be in writing and posted on department bulletin boards.

11. The Publisher and the Union agree to the creation of committees for the purpose of communication or resolution of issues of mutual interest. The parties understand such committees will be advisory and consultative in character and shall not be used for discussion of contract interpretation or alleged violations of the contract nor as grievance committees. Each party shall appoint a reasonable number of members to the committee. Either party may request a meeting in writing, specifying the subject(s) desired to be discussed. Such committees shall be dissolved by mutual agreement upon the conclusion of discussions on each issue.

12. Seniority in choice of shifts shall prevail according to past practice, and seniority shall be given serious consideration in all other cases. Assignment to night shifts shall not be made for the purpose of whim or harassment.

13. It is agreed that the rights management has exercised in the past under Section 1 of Article VII-B, Employee Security, extend also and apply to Section 4 of Article VI, Grievance Procedure.

14. The Publisher and the Guild shall maintain a joint human rights committee consisting of four (4) members representing the Publisher and four (4) members representing the Guild. Its purpose shall be to give guidance in establishing programs to recruit, train, hire and promote those who may have been or who are now being denied work opportunities in the newspaper industry. It will meet at reasonable times and places by mutual agreement, but not less frequently than quarterly, shall pick its own officers and organize itself.

15. The Publisher recognizes the need for and the value of providing training that will allow equal opportunity for transfer or promotion to employees after completion of such training.

The Publisher shall accept requests for training from among employees who are interested in finding job opportunities in other job titles.

Training shall be considered by the Publisher that will provide means for present employees to find job opportunities in other job titles when openings exist.

16. The Publisher agrees to adopt the following practices in regard to use of computers in the workplace:

(a) The Publisher and Union shall establish an Ergonomics Committee that will meet regularly to:

(1) Review injury/illness statistics while maintaining confidentiality.

(2) Review workstation and work practice standards to make recommendations to management.

(3) Evaluate the effectiveness of interventions in reducing the prevalence of repetitive motion injuries.

(4) Set up and monitor mechanisms that give employees opportunity to report repetitive motion injuries.

(b) The Publisher shall provide appropriate auxiliary equipment in regard to worksite design and lighting. The Ergonomics Committee will determine appropriate action when employees operating computers request such equipment as footrests, wrist rests, glare screens, copy holders and task lighting.

(c) Employees who continuously operate such computer equipment are entitled to a 15-minute break during both the first and second parts of their shifts in addition to their allotted lunch break period. No such rest breaks shall lengthen the employees’ work day or lunch hour or alter the starting or ending times of their shifts.

17. The Publisher may continue to engage freelance writers and photographers, and contract writers without restriction, provided such individuals shall not be supplied with or given access to Company work space, materials or supplies; however, in exceptional circumstances it shall not be a violation of this agreement for these non-staff newspersons to use the Publisher’s equipment on or off premises for creating, editing or entering material into the Publisher’s computer system. It is agreed freelance photographers are permitted to enter digital photos or film into the Publisher’s computer systems or to use the Publisher’s computer systems for entering caption information. No non-staff newspersons shall function as an employee.

18. The parties agree to form a joint Employer-Union task force to explore mutually acceptable options for improved access to parking and reduced parking costs.

ARTICLE XXIV

Hazardous Conditions

1. No employee shall be required to work at the unusual risk of injury, disease or death.

2. An employee assigned to work involving unusual risk shall be provided with all protection and protective devices the Publisher deems essential to the assignment.

3. Employees assigned to work within areas of riot or civil commotion shall be covered with $100,000 accidental death and dismemberment insurance protection. Benefits shall be payable only in cases caused by riot or civil commotion.

4. Employees assigned to work within areas of riot or civil commotion shall be reimbursed for loss or damage to personal property. It is understood there shall be no duplication of benefits under this clause.

ARTICLE XXV

Privilege Against Disclosure and Authentication

1. An employee may refuse to submit to outside sources, without penalty or prejudice, information, notes, records, documents, films, photographs or tapes or the source thereof, which relate to news, commentary, advertising or the establishment and maintenance of his or her sources, in connection with his or her employment. An employee also may refuse, without penalty or prejudice, to authenticate any material to outside sources. The Publisher shall not give up custody of or disclose any of the above without first consulting the employee. All employees recognize their obligation to submit to management any or all of the foregoing upon request.

2. The Publisher shall notify the employee concerned of any demand on the Publisher for such surrender or disclosure or authentication. Likewise, the employee shall notify the Publisher of any demand on the employee for such surrender or disclosure or authentication.

3. If the employee is proceeded against under law on account of his or her refusal to surrender or disclose or authenticate, the Publisher shall move to join as a party to such proceeding, provided the Publisher and employee agree on the position taken, shall meet all expenses incurred by the employee, including fees and expenses of legal counsel retained by the employee, and shall indemnify such employee against any monetary loss including but not limited to fines, damages or loss of pay. Should the employee disagree with the position taken by the Publisher as to surrender, disclosure or authentication and choose not to follow the Publisher’s recommendation in the matter, the employee then shall assume all liability as to expenses incurred.

4. An employee shall suffer no loss of wages, employee status or benefits under this contract as a result of his or her refusal to surrender or disclose or authenticate. Should the employee disagree with the position taken by the Publisher as to surrender, disclosure or authentication and choose not to follow the Publisher’s recommendation in the matter, the employee then shall assume all liability as to expenses incurred.

ARTICLE XXVI

Drug and Alcohol Policy

1. The unlawful manufacture, distribution, dispensation, sale, possession or use of a controlled substance during company time, on company premises, in company vehicles or at other work sites where employees may be assigned is prohibited.

The following is a partial list of controlled substances: (1) narcotics (heroin, morphine, etc.); (2) cannabis (marijuana, hashish); (3) stimulants (cocaine, etc.); (4) hallucinogens (PCP, LSD, designer drugs, etc.).

2. The possession, dispensation, distribution, sale or use of alcoholic beverages or marijuana during company time, on company premises, in company vehicles or at other work sites where employees may be assigned also is prohibited. A first offense of use or possession for use is not just cause for discipline greater than a first-stage written disciplinary warning. Except for use, an employee determined to be in violation of Sections 1 or 2 is subject to disciplinary action, up to and including discharge.

3. For the first offense of the use or being under the influence of illegal drugs, marijuana or alcoholic beverages on company premises, vehicles or work sites the employee will be required to undergo an evaluation by the Publisher’s Employee Assistance Program (EAP) and to complete in its entirety whatever course of action the EAP shall direct, which may include random testing by a Substance Abuse Professional (SAP), at the direction of the EAP for no longer than one (1) year. The employee agrees to release information to the Publisher and Union about compliance. Nothing in this paragraph prohibits the Publisher from disciplining an employee for cause up to and including discharge.

4. Employees undergoing prescribed medical treatment with a drug that may affect performance are urged to report this treatment to Employee Health Services. The use of these drugs as part of a prescribed treatment program is not a violation of this policy, but such use of a drug by an employee while performing company business or while in any company facility is prohibited if such use or influence may affect the safety of co-workers or members of the public, the employee’s job performance or the safe or efficient operation of the Company. The employee may be required to use sick leave, take a leave of absence or comply with other appropriate action determined by a physician.

5. Any employee who is convicted under a criminal drug statute for a violation of law occurring in the workplace or who pleads guilty or nolo contendere to such charges must notify the Company within five (5) days of such conviction or plea. Failure to do so will result in disciplinary action, including discharge. Employees convicted or who plead guilty or nolo contendere to such drug-related violations are subject to disciplinary action up to and including discharge and/or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment.

6. The Company will make available information about community resources or assessment and treatment. In addition, the Company will provide supervisors training to assist in identifying and addressing controlled substance use by employees.

7. Under its benefits program, the Company will provide confidential counseling and health care programs for employees and their families who seek treatment of problems related to drugs or alcohol. Employees receiving help from the EAP or other recognized professional treatment sources may do so without jeopardizing their employment. Participation in treatment programs will not restrict enforcement of this policy or any employee’s obligation to comply with it. Employees who use the EAP of their own volition may do so with complete confidentiality. Information on contacting the EAP is available from the Human Resources Department, Employee Health Services or the Union.

8. To ensure the safety of the work place and the work force, the Company will take the following steps:

(a) Whenever there is probable cause to believe that use of illegal drugs is adversely affecting fitness for duty, the Company will require an employee to submit to a test for determining use of illegal drugs.

(b) Whenever there is probable cause to believe that use of alcohol or marijuana is adversely affecting fitness for duty, the Company may require an employee to submit to a test for determining the use of alcohol or marijuana.

(c) “Probable cause” shall include the facts and circumstances of any incident or observation, including, but not limited to, behavioral indicators of possible alcohol or drug use affecting fitness for duty and may also include employee involvement in an accident, if the accident results in the following:

  1. A fatality;

  2. A bodily injury to a person, who as a result of the injury immediately receives medical treatment away from the scene of the accident; or

  3. Property damage that results in significant financial loss to the Employer.

In such situations, the Employer will require the employee to immediately submit to drug and/or alcohol testing and to agree to grant permission to any medical treatment provider and any hospital or other medical treatment facility to perform such testing if the employee receives immediate medical treatment away from the scene of the accident.

(d) No employee may be requested to submit to such testing without the prior authorization of one vice president of the Company based on the information provided by the supervisor or manager. Authorization will not be given without probable cause.

(e) Refusal to submit to a test will be handled in the same manner as a positive test.

(f) Employees required to test for use of drugs and/or alcohol will be dismissed for the remainder of the shift. If the test proves to be negative, the employee shall be compensated by a full day’s or night’s pay.

(g) The first-time positive results of testing indicating use of a controlled substance or alcohol shall be used to encourage appropriate rehabilitative measures. The Company will require the employee to consult with the Employee Assistance Program (EAP). Disciplinary steps may be taken or discharge may result from further positive testing. Nothing herein prevents the Company from disciplining employees for just cause.

(h) Reasonable accommodation for rehabilitation and return to work will be made unless the employee would be in imminent danger of injury.

  1. Employees may use available vacation or floating holidays while awaiting release to work from the EAP.

ARTICLE XXVII

No Strikes

The Union and employees agrees they will not authorize, ratify, or condone any work stoppage, including strikes, sympathy strikes, wildcat strikes or sit-downs during the term of this Agreement. In the event of any work stoppage described herein, the Union will immediately use its authority and best efforts to cause prompt resumption of work. The Publisher agrees not to lock out the Union and employees during the term of this Agreement.

ARTICLE XXVIII

Management Rights

Subject to the terms of this Agreement, the Publisher is vested with the management of the business, the operation of departments covered by the collective bargaining agreement and the authority to execute all the various duties, functions and responsibilities incident thereto. The Publisher reserves and retains solely and exclusively all of its normal, inherent and common-law rights to manage the business.

ARTICLE XXIX

Duration and Renewal

1. This agreement shall commence on July 31, 2016, and expire July 31, 2019, and shall inure to the benefit of and be binding on the successors and assigns of the Publisher. At any time within nine (9) months immediately prior to the expiration date of this agreement, the Publisher or Guild may initiate negotiations for a new agreement. The terms and conditions of this agreement shall remain in effect during such negotiations.

2. If the Employer decides for any reason that it will cease operations it shall notify the Union at least 60 days prior to the effective date of such closure.

ACCEPTED AND AGREED

FOR THE UNION: FOR THE PUBLISHER:

Kieran Nicholson Missy Miller

Emilie Rusch Lee Ann Colacioppo

LeAnna Efird Linda Shapley

TJ Hutchinson Linda Shapley

Jennifer Brown Daniel Petty

Tony Mulligan

Date Signed: August 9, 2016

MEMORANDUM OF AGREEMENT NO. 1

The Publisher may engage freelance writers to cover Colorado pro soccer and lacrosse teams. Additional beats may be staffed with freelance writers upon mutual agreement of the Publisher and Guild.

FOR THE UNION: FOR THE COMPANY:

Allison Sherry Missy Miller

Jeffrey Leib Gary Clark

Allen Daniel Kevin Dale

Thomas McKay Jeanette M. Chavez

James E. Ludvik

Tony Mulligan

Date: March 11, 2008

MEMORANDUM OF AGREEMENT NO. 2

Upon request, the Publisher shall pay reasonable taxi cab fare for employees leaving The Denver Post Washington DC bureau at night when there are legitimate safety concerns.

FOR THE UNION: FOR THE COMPANY:

Allison Sherry Missy Miller

Jeffrey Leib Gary Clark

Allen Daniel Kevin Dale

Thomas McKay Jeanette M. Chavez

James E. Ludvik

Tony Mulligan

Date: March 11, 2008

MEMORANDUM OF AGREEMENT NO. 3

Concerning Sr. Web Software Developer Position

The Company and the Union (collectively the “Parties”) agree that the job title of Sr. Web Software Developer will be added to the collective bargaining agreement that covers The Denver Post newsroom. The Parties also agree that this title is being added specifically for Joe Murphy, who will continue to be covered by the terms of the newsroom collective bargaining agreement except as specified by this Agreement. If Joe Murphy leaves the job title of Sr. Web Software Developer, that job title will no longer be valid in this collective bargaining agreement.

The Sr. Web Software Developer job title currently exists in the labor agreement between the Parties covering all departments except the newsroom. It is agreed that any future hires in the Sr. Web Software Developer position, even if the person works in the newsroom, will be covered by the collective bargaining agreement between the Parties that covers all other departments, excluding the newsroom.

Job Description: See Attachment A for the Sr. Web Software Developer job description.

Wages: Position is salaried with minimum annual wage of $70,000. Joe Murphy will be placed at $71,000 July 5, 2010. Annual increases are based on performance, and the annual percentage increase will not be less than the negotiated increase for the hourly positions. Employees have the right to bargain for individual pay increases on their own behalf. For salaried employees, pay above established minimums shall be treated as increased salary, not merit pay.

Hours

The covered position of Sr. Web Software Develop is an FLSA-exempt salaried position. Salaried employees shall work the hours needed to complete assigned work at such times that the work needs to be performed, and shall not be held to a set work-day or work-week.

The Parties recognize that at times the nature of the work requires long, irregular hours including weekend and evening work. The Employer will not act unreasonably in the assignment of work or the scheduling of employees.

When periods of extraordinary workload are completed, an employee may request and the Employer may grant additional day(s) off with pay, not to be unreasonably denied.

In the event that an employee works late in the night, such employee will be permitted to arrive at work later the next day within reason.

ACCEPTED AND AGREED

FOR THE UNION: FOR THE PUBLISHER:

Thomas McKay Missy Miller

Kieran Nicholson Linda Shapley

James E. Ludvik Tim Rasmussen

Kevin Hamm Kevin Dale

Kyle Wagner

Tony Mulligan

Date Signed: November 1, 2012

MEMORANDUM OF AGREEMENT NO. 5

Concerning the jurisdiction of design work in the Editorial Department

As an exception to Article II, Jurisdiction of this collective bargaining agreement, the Parties agree as follows:

After ratification of the full Collective Bargaining Agreement, The Denver Post may outsource editorial design work previously performed by Guild-covered employees, except as limited by this Agreement.

The Guild retains jurisdiction over editorial design work performed by employees of The Denver Post. Any and all design work remaining that has been performed by bargaining unit employees shall continue to be performed by bargaining unit employees.

The Company will provide a sixty (60) day notice of its intent to outsource Guild-represented design work in the Editorial Department. The Company will not eliminate any Guild-represented designer positions prior to February 1, 2017. This restriction does not include termination for cause. Outsourcing shall not result in the layoff of the two Lead Designers.

The Company may offer, and affected employees may voluntarily accept other positions within the Company. In such case, the employee will receive the pay of the new position and would not be eligible for the benefits described below in any future staff reductions.

Once the sixty (60) day notice is given to the Union and the Guild-represented employees, impacted employees will receive the following provided they remain employed through the termination date determined by the Company.

    1. For Designers with 20+ years of full-time continuous service OR age 55+:

  • One (1) week’s pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional eight (8) weeks of pay to a maximum of fifty-two (52) weeks of pay.

  • The cash equivalent of twelve (12) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

    1. For Designers with less than 20 years of full-time continuous service:

  • One (1) week’s pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional four (4) weeks of pay.

  • The cash equivalent of six (6) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

    1. The amount of separation pay in (a) and (b) above shall not be reduced by any Supplemental Retirement Amount, if available.

    1. The separation pay in (a) and (b) above shall be computed at the highest regular weekly rate of pay received by the employee in the previous calendar year. Continuous full-time service includes continuous full-time service since the employee’s current full-time hire date at the Company and includes union-represented and non-union service.

If The Denver Post creates positions to perform design work previously performed by bargaining unit employees, laid off employees shall have recall rights as provided in Article VII-B, Employee Security of the Collective Bargaining Agreement.

[Signature page follows.]

ACCEPTED AND AGREED

FOR THE UNION: FOR THE PUBLISHER:

Kieran Nicholson Missy Miller

Emilie Rusch Lee Ann Colacioppo

LeAnna Efird Linda Shapley

TJ Hutchinson Linda Shapley

Jennifer Brown Daniel Petty

Tony Mulligan

Date Signed: August 9, 2016

Denver Post Non-Newsroom

To search the contract, hit ctrl + f and enter a search term; click here to view a PDF of the contract.

CONTRACT

The Denver Post

&

Denver Newspaper Guild – CWA Local 37074

AFL-CIO-CLC

(Concerning Non-Newsroom Unit Employees)

EFFECTIVE

July 31, 2016 – July 31, 2019

TABLE OF CONTENTS

ARTICLE PAGE NO.

Preamble 1

I, Exemptions 2

II, Jurisdiction 2

III, DUES DEDUCTION 3

IV, HIRING AND INFORMATION 4

V, GRIEVANCE PROCEDURE 5

VI, UNION SECURITY 7

VII, EMPLOYEE Security 7

VIII, SUPPLEMENTAL RETIREMENT AMOUNT 11

IX, SEVERANCE PAY 11

X, ERGONOMICS 12

XI, PENSION 13

XII, DEFINED CONTRIBUTION PLAN (401(K)) 14

XIII, TRANSFERS AND PROMOTIONS 14

XIV, HOURS OF WORK AND OVERTIME 17

XV, HoLIDAYS 22

XVI, VACATIONS 24

XVII-A, Full-time Sick Leave 25

XVII-B, Part-time Sick Leave 26

XVIII, THE DENVER POST HEALTH PLAN 27

XIX, other benefits 31

XX, Leaves of Absence 33

XXI, Military Service 34

XXII, Part-time and Temporary Employees 36

XXIII, Wages 37

XXIV, General Wage Provisions 43

XXV, Expenses and Equipment 44

XXVI, Job Sharing 45

XXVII, Miscellaneous 46

XXVIII, hazardous conditions, safety and work enviroNment 47

XXiX, DRUG AND ALCOHOL POLICY 48

XXX, No Strike 50

XXXI, Management Rights 50

XXXII, Duration and Renewal 50

MEMORANDUM NO. 2, SINGLE COPY SALES 52

MEMORANDUM NO. 3, SINGLE COPY SALES REPRESENTATIVES 53

MEMORANDUM NO. 6, PREPUBLISHING 54

MEMORANDUM NO. 7, GRANDFATHERED SALES ASSISTANTS 69

MEMORANDUM NO. 8, SALES AND SUPPORT POSITIONS 70

MEMORANDUM NO. 11, CIRCULATION CALL CENTER 72

MEMORANDUM NO. 12, iNFORMATION TECHNOLOGY DEPARTMENT 75

MEMORANDUM NO. 13, TRANSMITTAL COORDINATOR 81

MEMORANDUM NO. 14, PRODUCTION MAINTENANCE 82

MEMORANDUM NO. 15, jurisdiction – finance 85

MEMORANDUM NO. 16, Jurisdiction – metro home delivery 87

CONTRACT AND AGREEMENT

Preamble

This contract and agreement is made effective July 31, 2016, replacing the prior agreement, by and between The Denver Post, LLC, hereinafter known as “the Employer,” and the Denver Newspaper Guild-CWA, Local #37074, of The NewsGuild-Communications Workers of America, AFL-CIO-CLC, hereinafter known as “the Guild” or “the Union,” for itself and on behalf of all employees of these departments:

Advertising and all advertising sub-departments (including but not limited to Administration, National, Retail, Classified, and Special Sections); Interactive (Digital); Marketing (including but not limited to Promotion, Research and Creative Services); Electrical Maintenance, Mechanical Maintenance, Production Maintenance, Building Maintenance and Paperhandlers at the Washington Street Printing Plant; Dispatch; Pre-Publishing; Office Mail; PBX; Transportation; Circulation and all Circulation sub-departments (including but not limited to Home Delivery, Single Copy Sales, State, Rack Maintenance, Newspaper in Education, Customer Service and Circulation Marketing); Information Services; Finance and all Finance sub-departments (including but not limited to Accounting/Financial Management, Cashier, Circulation Accounting, Billing, Credit, Financial Planning and Purchasing).

As agreed in January 2001, when the Joint Operating Agreement creating the Denver Newspaper Agency was implemented, the Guild agreed that any incumbent employees who were employed by The Post or the News in positions not covered by collective bargaining agreements prior to the date of implementation of the JOA became covered by the Guild bargaining agreement. The Guild agreed that for employees covered by the Guild at the Agency, seniority would be defined as starting with the date of hire at The Post or News for purposes of companywide seniority and date of assignment to their department for departmental seniority purposes.

The Guild is not recognized as the bargaining representative of the following:

  1. Senior programmer analysts in the Information Technology Department.

  1. Any employee in the Human Resources Department or the Payroll Department.

  1. Any non-clerical employee in the Circulation “State” Department (including State Home Delivery and State Single Copy Sales). The State Circulation Department is defined as overseeing circulation outside Denver, Jefferson, Arapahoe, Adams,

Douglas, and Broomfield Counties.

  1. Any Confidential Secretaries or Administrative Assistants accepted as Exempt under either The Post or News contract.

  1. Any IBT-represented employees in the Transportation Department.

Article I

Exemptions

  1. Managers, supervisors and confidential employees are exempted from the Guild bargaining unit.

  1. The Employer shall notify the Guild of any additional exemptions. All exemptions must conform with the criteria for manager, supervisor, or confidential employee as established by the Labor-Management Relations Act, as amended, and as interpreted and applied by the National Labor Relations Board and the Federal courts. Any dispute regarding exemptions proposed during the term of this Agreement shall be subject to grievance and arbitration procedures defined in Article V, Grievance Procedure. Exempted positions may perform work previously or currently performed by members of the bargaining unit, but the work performed must be de minimis and shall not result in a layoff or loss of hours for bargaining unit members.

  1. If any person with a job title covered by the exemptions is replaced in that position and accepts a position within the Guild’s jurisdiction, the Employer shall so notify the Guild in accordance with the provisions of Article VI, Union Security.

Article II

Jurisdiction

  1. The Guild’s jurisdiction is recognized as covering employees of the Employer in the departments listed in the preamble of this Agreement less those positions listed as exemptions in Article I, Exemptions, and includes (a) the kind of work normally and presently performed and such work as has been performed in the past by employees in those departments and (b) new or additional work assigned to be performed by employees in those departments. Performance of such work shall be assigned to employees of the Employer within the Guild’s jurisdiction and shall be covered by the Guild contract except as provided for in Section 2 of this Article.
  1. The Employer has the right to outsource the creation of advertising and marketing materials based on the following criterion:

Advertising and marketing materials that can be created with no contact between the outsourcer and the customer or with any employee except contact between the outsourcer and employees for receipt of instructions, layouts, sample ads or explanation or clarity as to the layout, sample ad or instruction.

Applying the above criterion, the Employer may outsource the creation of advertising and marketing materials for routine or repetitive items; to meet expedited delivery deadlines; to assist with volume or operational changes; or design work that requires skills not yet available from the current staff, in which case the Employer shall provide the design staff with timely or adequate training to obtain those needed skills. It is understood that at the time of ratification of this contract, the Employer may have already provided relevant training to current staff.

The above does not preclude the Employer from working directly with the outsourcer to set up the outsource relationship, to troubleshoot or to address ongoing technical problems.

Article III

Dues Deduction

  1. Upon an employee’s voluntary written assignment the Employer shall deduct from the earnings of such employee and pay to the Treasurer of the Denver Newspaper Guild not later than the 15th day of each month all such assigned Guild membership dues, including initiation fees and assessments uniformly applied. Such membership dues, including initiation fees and assessments uniformly applied, shall be deducted from the employee’s earnings in accordance with a schedule signed by the responsible Guild representative furnished the Employer by the Guild. Such schedule may be amended by the Guild by notifying the Employer on or about the 26th of the month prior to the month for which the dues are deducted. An employee’s voluntary written assignment shall remain effective subject to the terms of such assignment.

  1. The dues deduction assignment shall be made upon the following print or electronic form:

To: The Denver Post:

I hereby assign to the Denver Newspaper Guild, and authorize the Employer to deduct from my salary account as his or her employee, an amount equal to my Guild membership dues, initiation fees or assessments, in accordance with the schedule submitted by the Treasurer of the Denver Newspaper Guild, for each calendar month following the date of this assignment.

I further authorize and request the Employer to remit the amount deducted to the Denver Newspaper Guild not later than the fifteenth day of that month.

This assignment and authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one (1) year from the date appearing below or until the termination of the collective bargaining agreement between yourself and the Guild, whichever occurs sooner. I further agree and direct that this assignment and authorization shall be continued automatically and shall be irrevocable for successive period of one (1) year each or for the period of each succeeding applicable collective bargaining agreement between the Employer and the Guild, whichever period shall be shorter, unless written notice of its revocation is given by me to the Employer and to the Guild by mail not more than fifteen (15) days prior to the expiration of each period of one (1) year or of each applicable collective bargaining agreement between the Employer and the Guild, whichever occurs sooner. Such notice of revocation shall become effective for the calendar month following the calendar month in which the Employer receives it.

This assignment and authorization supersedes all previous assignments and authorizations heretofore given by me in relation to my Guild membership dues.

Employee’s Signature ____________________________________________

Department ____________________________________________

Date ____________________________________________

If authorization is completed electronically, alternate verification in lieu of signature shall be required.

  1. Deductions of dues, initiation fees and assessments shall be made in each Pay Period, even though the employee may be on or scheduled for vacation during that period or otherwise absent, and the amount remitted in accordance with Section 1 of this article.

Article IV

Hiring and Information

  1. The Employer acknowledges its employment policies shall be in accordance with and as required by applicable local, state and federal laws, that there shall be no dismissal or other discrimination against employees or applicants for employment because of their race, color, religion, creed, age, sex, sexual orientation, gender, gender identity, disability, veteran status, national origin or any other bases provided in federal, state and/or local laws.

  1. The Employer agrees not to have or enter into any agreement with any other employer binding such other employer not to offer or give employment to employees of the Employer.

  1. Written notice of the name, address, sex, minority group, telephone number, date of birth (as given by the employee), department, date of hire, classification, experience rating, union security status classification, merit pay or pay above minimum, and the last four digits of the Social Security number of all employees new to the bargaining unit shall be transmitted, by mail, fax, or electronically to the Guild office at least monthly and upon request by the Guild, and of all employees covered by this contract annually not later than July 1.

  1. After a new part-time or full-time employee completes a satisfactory ninety (90) calendar day trial period (which includes the first day of employment), said person shall be considered an employee with tenure and benefits according to the conditions of this Agreement effective as of the date of hire. The ninety (90) calendar day trial period may be extended by an additional forty-five (45) calendar days for any employee by mutual agreement of the Employer and the Union prior to the expiration of the original ninety (90) calendar days. If the Employer requests an extension of the probationary period prior to the expiration of the original ninety (90) days and the Union acknowledges such a request, the Employer’s rights shall be extended until the Union responds in writing to the request. This section shall not apply to temporary employees.

  1. If, in the opinion of the Employer, the employee has proven his or her competency in less than the trial period, the employee may be so certified as an employee.

  1. Aside from just and sufficient cause and/or total unacceptability, the Employer shall advise probationary employees, in writing, at or near the halfway point through the probationary period of any performance which, if not corrected by the probationer to the satisfaction of the Employer, could result in the employee’s termination prior to or on the expiration of the probationary period. The Employer shall notify the employee of a request for a probationary-period extension prior to the original expiration date. It is expressly understood that this section does not create any right of tenure of employment for a probationary employee. Discipline or termination of a probationary employee shall not be subject to Article V, Grievance Procedure, of this Agreement.

Article V

Grievance Procedure

  1. The Guild shall designate a committee of its own choosing to take up with the Employer or the Employer’s authorized representative any matter arising from the application of this agreement or affecting the relations of the employees and the Employer.

  1. The Employer or the Employer’s authorized representative shall meet with the grievance committee within five (5) days after request for such meeting.

(a) The request shall be in writing, with the name of the grievant(s) (if any), the section(s) of the contract grieved (if any) and a factual description of the complaint as then known and signed by the designated officer of the Guild. The Guild and the Employer shall exchange all available pertinent data required for complete investigation.

(b) A grievance may be raised under this Article no later than ninety (90) calendar days after the occurrence unless circumstances can be shown to justify an extension. In no event shall the extension exceed one hundred and twenty (120) days after the occurrence. The grievance may be moved to arbitration no later than ninety (90) days after its first consideration unless mutually agreed otherwise. The parties understand that the ninety (90) day time limitation on the filing of grievances does not apply to the remedy of the grievance.

(c) When the Employer exercises its rights under Article I, Exemptions, to exempt positions not previously exempted, the Employer will give the Union at least two (2) weeks’ written notice in advance of the implementation of the change. If the Union challenges the Employer’s action, the Union will inform the Employer of its protest in a written grievance within thirty (30) calendar days from the date of receipt of the notice. The Employer may implement the change pending the outcome of any dispute.

(d) In case of discharge, the grievance must be submitted within twenty-one (21) days after notification to the Guild of the action or condition leading to a grievance. This limitation may be extended by mutual agreement.

(e) Disposition of the grievance shall be in writing and signed by an authorized representative of the Employer and the designated officer of the Guild. Appeals and their subsequent disposition shall be in writing and signed in the same manner. In the event new evidence, which would substantially alter the facts of a discharge case is discovered after the twenty-one (21) day limitation on submission of a grievance or any extension thereof expires, the case may be opened for further consideration by either the Employer or the Guild.

  1. The Employer agrees to permit the Guild grievance committee to meet with the Employer within regular working hours, provided twenty-four (24) hours’ notice is given and committee members’ work schedules can be rearranged. The restriction of Article XIV, Section 2, Hours of Work and Overtime, requiring the working day to fall within nine (9) consecutive hours will not apply in this case. If management calls such grievance session, it will be held on Employer time. In addition, the Employer will grant up to two (2) hours on Employer time to a maximum of five (5) Guild committee members to attend any grievance session initiated by the Union.

  1. Conditions prevailing prior to an action or circumstance which results in a grievance shall be maintained unchanged pending final settlement of the grievance unless the action or circumstance arises out of Article VII, Employee Security, Section 1, in which case the action of the Employer shall remain in effect until such action is resolved through appropriate grievance procedure.

5. In the event of failure to adjust the disputes within ten (10) working days after the first grievance meeting, it shall, upon motion by either party, be referred in writing to a Resolution Board composed of two (2) representatives of the Union and two (2) representatives of the Employer in a further effort to settle the dispute. Grounds of the dispute and request for a Board decision shall be made in writing by the party requesting resolution discussions.

  1. In the event said four (4) members of said Board are unable to reach a resolution on said dispute within five (5) working days after their initial meeting, either party may submit the dispute to final and binding arbitration, requesting a list from the Federal Mediation and Conciliation Service or the American Arbitration Association. By mutual agreement such lists need not be restricted to arbitrators in the Colorado area. A grievance moved to arbitration will be considered closed with prejudice if the Guild does not send a request for a list to FMCS or AAA within ninety (90) days after receiving from the Employer their half of the cost for such list. The ninety (90) day deadline can be extended by mutual agreement.

  1. It is expressly agreed that neither renewal of this contract nor any issue relating to a discharge of an employee during his/her probationary period shall be subject to arbitration unless such dismissal violates Article IV, Section 1, Hiring and Information.

  1. Costs of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any cost of a stenographic transcript without express consent.

  1. The award of the arbitrator shall be given to both parties in writing within thirty (30) days after oral arguments or submission of post-hearing briefs, whichever is later.

  1. All time limits throughout this Article may be extended by mutual agreement between the Union and the Employer.

  1. Employees shall have the right, but must request, that a union representative or representatives be present at any discussion with the Employer which affects the relations of the employee and the Employer. An employee shall be given reasonable advance notice when such discussion is scheduled and the employee shall be informed of the nature of the complaint against him or her. If a request for Union representation is made, the discussion shall not proceed until the Union representative or representatives is given a reasonable opportunity to be present.

  1. The Union agrees to attempt to resolve a dispute before filing a grievance through discussion with the appropriate Human Resources Department representative.

Article VI

Union Security

  1. Except as noted in Section 2 below, not less than thirty (30) calendar days following the execution of this Agreement or not less than thirty (30) calendar days following the beginning of employment, whichever is later, all employees covered by this Agreement shall, as a condition of continued employment, become and remain members of the Denver Newspaper Guild to the extent of remitting to the Guild membership dues uniformly required as a condition of acquiring or retaining membership in the Guild whenever employed under and for the duration of this Agreement.

  1. Section 1 shall not apply to outside sales representatives (e.g., Account Executives or Account Managers). Within the first thirty (30) days of employment of a new Account Executive or Account Manager, a Guild representative shall be allowed thirty (30) minutes with the new employee at a mutually agreed upon time for the purpose of providing information about and promoting membership in the union.

  1. The Guild shall indemnify and hold the Employer harmless from and against any or all claims, demands, costs, fees, judgments and any other charges or liabilities of any kind which may arise out of the enforcement by the Employer of the provisions of this Article for the maintenance of membership or for compulsory membership in the Guild as a condition of employment for any employee or employees.

  1. An employee dismissed for failure to comply with this Article shall not be entitled to dismissal pay provided for in Article IX, Severance Pay, of this agreement.

  1. Each employee hired will be given a copy of the Union security provisions of this contract at the time of hire.

Article VII

Employee Security

  1. No discipline or dismissals shall be made except for just and sufficient cause.

  1. The Employer has the right to determine an employee’s competence, availability or fitness for job requirements, or to dismiss or to demote an employee in lieu of discharge and reduce the pay to conform to the new position for just and sufficient cause, subject to the grievance procedures outlined in Article V, Grievance Procedure. Employees who are demoted in lieu of discharge may elect to resign and receive severance. If an employee elects to resign, the demotion is still subject to the grievance procedures outlined in Article V, Grievance Procedure. Employees who are demoted may not “bump” back to the position from which they were demoted. For all employees discharged, reason for discharge will be made in writing to the employee and to the designated executive officer of the Guild.

  1. There shall be no discrimination because of membership in the Guild. Neither shall such membership affect promotion or merit raise consideration.

  1. Dismissals to reduce the force, as distinguished from dismissals for just and sufficient cause, may be made in accordance with the following:

(a) Continuous full-time Guild service in a job title within a department (or sub-department in Advertising, see (e) below) shall determine the employee or employees to be discharged in a reduction of force for economic reasons unless there are abilities or differences in qualifications for the particular function demonstrably not available from the more senior employee. In such a case, the Employer must have made the employee aware in writing of the deficiencies and given the employee sufficient time to correct the deficiencies, or, if appropriate, offered the employee sufficient training and opportunities to develop necessary skills. Where there are such differences, the Employer may retain the less senior employee.

(b) The Employer shall notify the Guild of any such projected dismissals, specifying the major department (currently Advertising Finance, Operations, Circulation, Interactive and Information Systems), job title, number of employees involved, and the reasons for such projected dismissals. The Employer shall also notify each employee projected to be dismissed and post notice in each department projected to be affected.

(c) There shall be no dismissals for a period of two (2) weeks following notification required in Paragraph (b), during which period the Employer shall accept voluntary resignations or retirements from full-time employees in the job titles in the departments (or sub-departments in Advertising) involved, with such employees being paid the amount of severance pay provided in Article IX, Severance Pay. The number of full-time employees to be dismissed shall be reduced by the number of resignations and retirements.

(d) Reductions in force are based on continuous full-time Guild service within a job title, except as noted in Memorandum of Agreement No. 6 (Pre-Publishing).

(e) Reductions in force for outside sales positions will follow Sections 4 (a), (b), (c), and (d) above, but are based on continuous full-time service in a job title (e.g., Account Executive) in an advertising sub-department (e.g., automotive) as follows:

  1. Employees hired or transferred into the affected sub-department on or after 10/8/07 are listed from least senior in the job title in the sub-department (e.g., Automotive) to most senior in the job title in the sub-department (“List 1”).
  2. Employees hired on or before 10/7/07 are listed from least senior in the job title in the overall Advertising department to most senior in the job title in the overall Advertising department without regard to a specific sub-department (“List 2”).
  3. Dismissals in the affected sub-department are made by releasing the least senior employee first up to most senior employee on List 1 until the number of required dismissals has been achieved.
  4. If the number of required dismissals exceeds the number of employees on the sub-department seniority list (List 1), the dismissals will continue using List 2, starting with the least senior employee on List 2 until the total number of required dismissals has been achieved.
  5. If reductions in outside sales positions are announced, the Employer may elect to accept volunteers from all sub-departments but is not required to do so.

A full-time employee scheduled to be dismissed may elect within seven (7) days after notification of scheduled dismissal to bump into another job title and department (or sub-department in Advertising) in which the employee has worked during continuous full-time employment as follows:

  1. The employee may displace an employee in a previous job title whose years of service in that job title are less than the total years of the dismissed employee in his/her current job title and the job title he/she is bumping into.

  2. If the employee has worked in more than one previous Guild-covered job title, and the immediate prior position no longer exists, the employee may bump into the next-earlier prior position.

  3. If the employee has worked in one or more previous Guild-covered job titles and no prior position(s) exist, the employee’s prior service in Guild-covered position(s) shall apply as service in the employee’s current position. The employee determined to be junior in the current position will be scheduled to be dismissed.

  4. If the employee has worked in a previous Guild-covered job title but his/her immediate prior position was non-Guild covered, the employee may bump into a prior Guild-covered position if the employee’s combined service in the two Guild-covered job titles (excluding service in the non-Guild job title) is greater than the service of the employee determined to be junior in the prior job title.

  5. If the employee has past service in his/her current job title and position(s) held in the interim no longer exist or were not Guild covered, the past service shall apply as service in the employee’s current Guild-covered position. The employee determined to be junior in the current position will be scheduled to be dismissed.

The employee thus displaced shall be the one with the lowest Employer seniority.

(f) A full-time employee thus displaced may similarly elect to move into another job title and department in which the employee has worked or the employee may elect to take severance pay provided in Article IX, Severance Pay.

(g) A full-time employee who moves into a lower classification shall be paid the top minimum for that classification plus whatever pay above minimum the employee had in the classification from which the employee was displaced.

(h) Any employee dismissed to reduce the force and full-time employees who have elected to bump into another job title will be placed on a rehiring list based on seniority and will be rehired on a seniority basis in the old classification if and when a vacancy occurs. One seniority list will be maintained for full-time employees dismissed to reduce the force. A separate list will be maintained for part-time employees dismissed to reduce the force.

Discontinuance of a work schedule for a single individual part-time employee shall not be construed as a dismissal to reduce the force. The Employer shall attempt to slot such part-time employee into another work schedule. All dismissals to reduce the force affect first the employee with the least amount of seniority, and the last employee so dismissed will be the first eligible for rehire. Employees on the rehiring list, when notified of vacancy availability, must accept or reject this offer within seven (7) days unless extended by mutual agreement. A copy of the rehiring list shall be provided to the Guild. New employees shall not be hired until the rehiring list has been exhausted. The Employer may notify the person on the rehire list in person or by telephone of the available vacancy and the offer of recall from layoff. In addition, a letter clearly explaining the offer of rehire shall be sent to the affected person by certified mail within one day of the personal contact. If the employee involved has accepted or rejected the offer before the letter is sent, the letter shall document the acceptance or rejection of such offer. If the Employer cannot reach an employee by telephone to extend an offer of recall, or if the Employer chooses not to attempt to reach the person by telephone or in person, notice sent by certified mail to a person on the rehiring list at the last address known to the Employer shall be deemed sufficient; a copy of all recall letters shall be sent to the Guild by ordinary mail.

(i) On rehire, the full-time employee shall have the option of refunding severance pay to regain all benefits of this Agreement. If the employee elects not to repay severance pay, he or she shall retain all benefits of this Agreement except past severance credits. His or her severance credits will commence on the day of rehire. His or her pension credits will not accrue during the period of dismissal to reduce the force, but upon rehire his or her prior pension credits will be restored and pension credits will recommence on the day of rehire.

(j) Seniority for full-time employees means length of continuous full-time employment. Seniority for part-time employees means length of continuous employment. Employment shall be deemed continuous unless interrupted by (1) dismissal for just and sufficient cause; or (2) resignation; or (3) refusal to accept an offer to rehire made according to the procedure given in paragraph (h) above; or (4) retirement; provided that for full-time employees any period of employment for which severance pay actually has been paid and not refunded shall not be counted as employment in calculating severance which may again become due after rehire.

(k) All rehire lists shall be maintained for one (1) year from the date of dismissal.

  1. The Guild shall be given six (6) months’ notice, if possible, and no less than three (3) months’ notice of intent to introduce new or modified equipment, machines, apparatus or processes which will create new job classifications or alter the job content of existing job classifications. The parties shall immediately enter into negotiations for a mutual agreement covering procedures for the introduction of such new or modified equipment, machines, apparatus or processes. Any employee who is displaced shall be retrained for available positions in other classifications or departments, and continued in the employ of the Employer at no reduction in salary or impairment of benefits.

  1. The retraining period shall be limited to ninety (90) days, which may be extended an additional ninety (90) days by mutual agreement, after which the employee will be certified in the new position or, if he or she fails to qualify for the new position, may resign or retire in accordance with paragraph 5 (c) below.

  2. Displaced employees who do not desire to transfer to another classification or department or who do not wish to retrain for other positions may elect to resign or, if eligible under the Employer-Guild Pension Plan(s), retire. In such cases, accrued severance pay will be paid to full-time employees. Such election may be made at any time prior to or during the retraining period specified above.

  3. If the sale, merger, or discontinuance of publication shall result in the dismissal or layoff of any employee in the Guild’s jurisdiction, the Employer shall pay to such employee four (4) weeks’ compensation at straight time rates as a legal obligation, in addition to any severance pay due under the terms of Article IX, Severance Pay, Section 1.

  1. The Employer may enter into individual discussions with employees and may offer monetary payments or other incentives, at its discretion, in exchange for an employee’s voluntary termination of employment. The Employer shall notify the Union of the terms of any such offers made to the employee. If the Employer offers a buyout to a group of employees, the Employer shall notify the Union in advance of the terms of any such offers made to employees and will negotiate with the Union concerning the terms of such offers upon the Union’s request.

In any buyout initiated by the Employer, the Employer shall offer as one option an amount at least equal to the value of any severance earned by each employee who accepts the buyout offer and voluntarily resigns. The amount shall be computed according to the formula in Article IX, Severance Pay, as of the date of the employee’s termination. Alternatively, an employee freely and of his/her own volition and without coercion may initiate buyout discussions. When an employee initiates such an offer, the buyout amount may be any sum agreeable to the employee and the Employer. In such an employee-initiated buyout, the Employer shall notify the Union of the terms.

Article VIII

Supplemental Retirement Amount

For those employees who were full-time employees at The Denver Post on or before August 1, 1986, the Supplemental Retirement Amount provided for in The Denver Post-Denver Newspaper Guild (Excluding Newsroom) Employee’s Pension Plan shall continue as described in Article IX, Severance Pay, and in the Pension Plan document.

Article IX

Severance Pay

  1. Upon involuntary layoff, full-time employees shall receive a cash severance allowance equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twenty-six (26) weeks, except severance for District Managers is calculated on continuous full-time service. Upon involuntary termination, full-time employees shall receive a cash severance allowance equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twelve (12) weeks. Employees, who, on October 7, 2007, were entitled to more than twenty-six (26) weeks’ severance pay under this Article, were grandfathered and were entitled to continue to accrue severance pay until the accrual was capped effective March 15, 2009, at whatever amount had been accrued on that date up to the previous maximum of forty-four (44) weeks’ pay. Severance pay is to be computed at the highest weekly rate of pay received by the employee in the previous calendar year. Severance shall be paid bi-weekly with the normal payroll cycle for the number of weeks the severance amount represents or, at the employee’s request, severance shall be paid in a lump sum. The terms “seniority” and “service” include time continuously worked since current hire date by either the Denver Rocky Mountain News or The Denver Post and all time worked for the Employer.

  1. For those employees who were full-time employees at The Denver Post on or before August 1, 1986, the amount of severance provided for in Section 1 above shall be reduced by the current value of the employee’s Supplemental Retirement Amount (SRA). Subject to the rules governing the disbursement of SRA in The Denver Post-Denver Newspaper Guild (Excluding Newsroom) Employees’ Pension Plan, the employee may choose to liquidate all or part of the employee’s accumulated SRA. Such option shall be selected no later than thirty (30) days following separation. In no event shall any combination of the two payments exceed the 44-week maximum. Otherwise, payment of the SRA will be deferred until the employee commences his/her pension.

  2. Severance pay shall not be paid in the cases of proven misuse of Employer funds or in the case of deliberate self-provoked discharge for the proven purpose of collecting the severance pay. “Deliberate self- provoked discharge” shall mean cases where an employee conducts himself or herself in a manner to compel discharge in order to collect severance indemnities rather than resign.

  1. In the case where an employee dies while employed full-time, a severance benefit shall be paid as defined in Section 1 for involuntary layoffs to a maximum of twenty-six (26) weeks. Employees, who, on October 7, 2007, were entitled to more than twenty-six (26) weeks’ severance pay under this Article, were grandfathered and were entitled to continue to accrue severance pay until the accrual was capped effective March 15, 2009 at whatever amount had been accrued on that date up to the previous maximum of forty-four (44) weeks’ pay. The amount shall be paid in cash in a single lump sum to his or her beneficiary. The term “beneficiary” means (a) the person or persons designated by the employee in the employee’s latest written notice to the Employer; (b) if there is no designated beneficiary living, the employee’s legal spouse; (c) if neither a designated beneficiary nor the legal spouse of the employee survives the employee, the employee’s estate. Any designation of the beneficiary may be changed from time-to-time by the employee by giving written notice to the Employer.

  1. If an employee has been terminated for any reason, has received severance benefits under the terms and conditions of the contract, and subsequently returns to work for the Employer, he or she shall at the employee’s option:

(a) return the severance in a lump sum, or

  1. make no return of severance benefits received or make a partial return, in which case the amount not returned shall be subsequently withheld from any severance benefit the employee may be entitled to in the future.

  2. in the case of a discharge and reinstatement with the award of back pay, make no return of severance benefits received or make a partial return, in which case the amount not returned shall be credited against the back pay award. In that event the amount credited against the back pay award (equated in time, i.e., hours or weeks) shall be restored to any severance benefit the employee may be entitled to in the future.

  1. IAM Machinists will not lose any severance benefits earned up to and including November 9, 2006, under Article XVIII-B, Sections 1-6 of the IAM collective bargaining agreement.

Article X

Ergonomics

  1. The Employer shall provide adjustable monitors, keyboards and chairs, and, upon an employee’s request, glare shields, copy holders, telephone headsets and foot rests.

  1. The Employer and the Union shall form a Joint Office Ergonomics Committee, to be comprised of the Human Resources manager in charge of safety, the occupational health nurse and two Union representatives as regular members. The committee may request the participation of outside specialists, department managers and/or bargaining unit employees as necessary to fulfill its responsibilities, which shall include the following:

  1. Review workstation conditions and work practices by department, and recommend corrective action to reduce the likelihood of repetitive motion injuries.

  2. Develop and carry out a program of education and communication for all bargaining unit employees who use computers to encourage and facilitate prevention of repetitive motion injuries through greater understanding of the contributing factors.

  3. Evaluate requests for auxiliary equipment in a timely manner and determine what will most effectively address the specific situation. The Employer shall provide alternative chairs, task lighting, wrist rests, arm rests and adjustable or alternative desks as recommended by the committee.

  4. Review the bargaining unit’s repetitive motion injury statistics to identify trends and problem areas requiring the intervention described in (a), (b) and (c) above.

Article XI

Pension

  1. Terms and conditions of retirement are specified in The Denver Post-Denver Newspaper Guild (Excluding Newsroom) Employees’ Pension Plan (“Post-Guild Non-Newsroom Pension Plan”), a copy of which is available in the Human Resources Department.

(a) PostGuild Non-Newsroom Pension Plan benefits formula:

The monthly benefit will be equal to the greater of (a) $45 per year of service per month, or (b) 1.65% times Average Final Monthly Compensation up to $1,500, plus 1% times Average Final Monthly Compensation over $1,500, the sum not to exceed $60 per year of service per month, multiplied by the number of the employee’s years of Credited Service. “Compensation” and early retirement rules are defined in the Pension Plan Document and Summary Plan Description, available in the Human Resources Department.

  1. The Employer and the Union agreed that, effective January 1, 2008, the DNA-Guild Employees’ Pension Plan will be frozen, as follows:

(a) No Participant will accrue any Credited Future Service (as defined by the Plan) for Benefit Service purposes under the Plan for service performed on or after January 1, 2008.

(b) Effective January 1, 2008, no new employees will become eligible to become Plan Participants.

  1. The Employer will continue to contribute future amounts, if necessary, to maintain funding of the Plan as required by federal law and regulations based on actuarial recommendations.

  1. The Union will continue to negotiate monthly benefit amounts with the Employer in subsequent collective bargaining agreements. Future benefit increases will not be precluded by the freeze of the Plan as provided in Section 2 and may be negotiated depending on funding and mutual agreement by the Employer.

  1. In addition to the Post-Guild Non-Newsroom Pension Plan, the Employer will make contributions to The Newspaper Guild International Pension Plan (“Guild International Plan”) for all full-time Guild-covered employees.

(a) The Employer will contribute the following to the Guild International Plan effective January 1, 2011:

(1) For full-time employees who earn less than $960 per week as of January 1, 2011 —

$44.15 per week,

(2) For full-time employees earning between $960 and $1,059 per week as of January 1,

2011 — $48.50 per week,

(3) For full-time employees earning between $1,060 and $1,199 per week as of January

1, 2011 — $53.05 per week, and

(4) For full-time employees earning $1,200 per week or more as of January 1, 2011 –

$57.70 per week.

In accordance with The Newspaper Guild International Pension Fund Supplemental Participation Agreement, contribution amounts listed in Section (a) above shall increase 3% beginning January 1, 2013; an additional 3% beginning January 1, 2014 and an additional 3% beginning January 1, 2015.

(b) The Employer and the Guild agree that they will mutually explore the feasibility of merging the Post-Guild Non-Newsroom Pension Plan with the Guild International Plan. The Employer agrees that it will provide any actuarial information required by the Guild International Plan to evaluate the possibility of merger. Any decision to merge the two plans will require the mutual agreement of the Employer, the Guild and the Guild International Plan.

(c) Part-time employees will be eligible to become Participants in the Guild International Plan, and contributions for them will be made after it is determined they have worked a minimum of one thousand (1,000) hours in a calendar year. After they have become eligible to be Participants, contributions will be made annually in subsequent years. The contribution will be pro-rated based on hours worked, and the rate of contribution will be based on the rate in effect at the time for full-time employees. No contributions will be made for part-time employees who have not yet worked one thousand (1,000) hours in a year.

  1. The Employer and the Guild have agreed to continue their efforts to make it possible and practical for employees to retire at their normal retirement date established in the pension agreement. Employees should give ample thought and preparation in planning for their retirement to ensure a smooth transition from employment to retirement. Under the pension plan, it is anticipated that employees will retire by their normal retirement date. If employees decide to work past the normal retirement date, they are encouraged to organize their assets at the earliest possible date in order to take full advantage of the pension agreement.

Article XII

Defined Contribution Plan (401(k))

The Employer shall offer a 401(k) plan to all employees covered by this contract.

Article XIII

Transfers and Promotions

  1. The Employer’s right to make normal transfers is not restricted, but such transfers are not to be made for purposes of whim or harassment. An employee transferred to another job classification or department against his or her wishes shall have the right to appeal under the grievance procedure of this contract. If an employee refuses a job transfer at the time it is offered and resigns, he or she shall receive severance pay.

  2. No employee shall in any way be penalized for refusing to accept a promotion.

  1. The Employer shall post notices of all vacancies except when the vacancy is to be filled by the reassignment of an employee without a change in the employee’s title.

(a) Present employees who have completed their probationary periods will be given first consideration when vacancies occur subject to the rehiring requirements of Article VII, Employee Security, Section 4.

(b) Notice of such vacancies shall be posted on the bulletin boards in all departments and on one centrally designated bulletin board for at least seven (7) days or, at the option of the Employer, five (5) days in cases of urgency in filling the position. The Guild will be notified of such vacancies. In cases of five (5) day notification, the date the opening must be filled shall be specified. All vacancy notices shall be posted by 10 a.m.

(c) Employees desiring to fill such vacancies shall submit written applications within the specified period of such posting or provide written notification of intent to renew a previous application on file. Upon request, the Employer shall provide a written explanation to the employee of why an applicant is denied promotion or transfer.

(d) In addition to individual vacancy notices as required above, the Employer shall post, on or about the tenth (10th) of each month, a listing of all vacancies posted by the last day of each preceding month. Said list shall contain the job title, date of posting and date filled or otherwise removed by the Employer, if applicable. After the posting of the date the position was filled or otherwise removed from consideration by the Employer, the vacancy may be removed from future monthly listings. Should the Employer, except by mutual agreement with the Union, fail to comply with the vacancy posting provisions of this Article, it shall cancel its previous actions in filling the vacancy and proceed following the method provided therein.

(e) Employees transferred or promoted under this Article shall be given a trial period of sixty (60) days, which period may be extended by mutual agreement. The Employer’s evaluation of the employee’s progress shall be discussed with the employee at intervals during the trial period and at its end. During the trial period, the employee shall receive at least the minimum next higher than the employee’s salary in the classification from which the employee advanced, with full credit being given in experience rating for past similar work. Anytime during the trial period, the Employer may confirm or not confirm the employee in the new position, but shall confirm or not confirm the employee at least at the conclusion of the trial period.

  1. During the trial period, the employee may elect to return to the employee’s former job or a comparable position without penalty or prejudice.

  2. If the employee is confirmed in the new position, the trial period shall be included for all purposes in determining the length of service in the job.

  3. If the employee is unable to perform satisfactorily the duties of the job, the employee will be returned to the employee’s former job title without penalty or prejudice. If the employee’s former job title no longer exists, the employee shall resign and shall receive severance pay under Article IX, Severance Pay.

  4. Upon return to the former job or a comparable position, the employee will receive the salary to which the employee would have been entitled if the employee had not been advanced. The employee’s period of service in the higher classification shall be counted for all purposes as service in the classification from which the employee advanced.

(f) Part-time employees desiring a transfer to another part-time position or assignment within the employee’s job classification and department may submit a request for such transfer at any time. Transfer requests shall be kept on file by the department head. When an opening occurs in the position requested, the employee shall be given first consideration. If more than one employee requests the same transfer, consideration shall be made in seniority order. Such transfers shall not be denied without legitimate business reasons.

Upon application, part-time employees shall be given first consideration for full-time positions in their job title and department.

  1. The Employer is entitled at its sole discretion to select employees for all vacancies from among qualified applicants for such job openings.

If the Employer determines that two or more applicants–whether present employees or not– are virtually equal in all other respects (considering ability to perform the work, previous experience, references, education and training, quantity and quality of work, attendance and other performance records, dependability, and other reasonable criteria), the employee with the greatest Employer seniority shall be appointed to fill the bargaining unit vacancy unless affirmative action considerations conflict.

  1. The Employer must inform the Guild prior to eliminating any home delivery district.

  1. District managers in the home delivery department shall be notified of any vacancy and shall be given first opportunity to transfer to such districts subject to the following:

  1. Notice of vacancies made available because of the creation of a new district or a vacancy in an existing district will be posted on Employer bulletin boards in home delivery branch offices for a period of seven (7) days, together with a notice of the time and place where bids for transfer to such vacancies will be received by the department head.

  2. The Employer shall fill the vacant position by accepting bids at the posted time and place based upon full-time department seniority.

  1. An employee who is successful in bidding on a new or vacant district and transfers to that district shall remain on that district for at least one (1) year and the year shall start no later than twenty-one (21) days after a successful bid, or except as otherwise provided in this section or in subsection (e) of this section, unless the employee is transferred to another district by mutual agreement. An employee’s bidding right shall be restored to him or her one (1) year after exercising a successful bid, or if there is a substantial change in the characteristics of a district, such as a district realignment in which more than 50 percent of the circulation of that district is added or subtracted, or if a district is eliminated, the freeze on bidding rights, if it exists, will be lifted for the employees in those districts that are affected.

  1. Assistant district managers will be notified of vacancies occurring in assignments and may request transfer if desired. If request for transfer is denied, the employee may request reasons in writing.

  1. If no one bids on a new or vacant district, or if a district becomes vacant as a result of the bidding process, the Employer may fill the vacancy without regard to seniority. After the bidding session is held as prescribed in subsection (b), the Employer may assign the new district manager, accept a request for transfer, or ask for volunteers for the vacant district or subsequent vacancies.

  1. If no qualified volunteers come forward, to attract more volunteers, the Employer shall offer volunteers incentive money of $125 per week for at least 26 weeks in addition to all pay required by this collective bargaining agreement. Any district manager who accepts this offer shall remain on that district for at least 26 weeks. After 26 weeks, the district manager may exercise his or her seniority to bid on a new or vacant district.

  2. If the new district manager is not assigned to the vacant district or subsequent vacancy or no qualified volunteers come forward, the Employer may assign a district manager to the vacant district or to a subsequent vacancy. The Employer may assign no more than four district managers to fill vacancies under this section.

  3. Except by mutual agreement, any district manager assigned under Section 6(b)(2)(b) shall remain on that district for at least 12 months. After 12 months, the district manager may exercise his or her seniority to bid on a new or vacant district.

  4. Any district manager who is assigned under Section 6(b)(2)(b) will receive an assignment bonus of $75 per week for the length of the assignment in addition to all pay required by the collective bargaining agreement to a maximum of 12 months.

  5. New employees hired immediately prior to bidding shall not exercise their seniority during that bidding session, but shall be assigned to a district by the department head after all bidding has been concluded. New employees assigned to a district shall not exercise their bidding rights until after they have completed one (1) year on their assigned district.

  6. Employees who thus transfer to new districts or job assignments shall be given a trial period of sixty (60) days on the district or job assignment. If, during the trial period, the employee is found to be unsatisfactory, he or she shall be assigned to another district or job assignment by mutual agreement between the employee and the department head. If the affected district manager had bid the district, the vacancy thus created will be reopened for bids in the manner detailed in this section.

  7. Temporary transfers between districts may be made to facilitate emergency coverage, and in such cases, vacancies will not be presumed to exist.

  8. By mutual agreement between the affected district manager and the Employer, a district manager may relinquish his or her district and move to a vacation relief or other position in the Circulation Department. Openings caused by such an agreement shall be filled using the bidding provisions of this Article.

Article XIV

Hours of Work and Overtime

1. The four (4) day or five (5) day, forty (40) hour week shall apply to all employees, except for employees in the Warehouse (Paperhandlers) (see Section 10 of this Article).

2. The regular scheduled work day for positions in Advertising, Marketing, Interactive, and Circulation Home Delivery shall consist of eight (8) hours falling within nine (9) consecutive hours, or employees may work a four (4) day, forty (40) hour week by mutual agreement. In the case of a four (4) day work week, ten (10) hours shall fall within eleven (11) consecutive hours.

The regular scheduled work day for all other positions (excluding Warehouse Paperhandlers) may vary from five (5) hours to ten (10) hours comprising a four (4) day or five (5) day forty (40) hour work week.

(a) The schedule for the Makeup/Output department may be reduced to a variable schedule of thirty-five (35) to forty (40) hours if there is a demonstrated loss of work and after notification to the Union.

(b) The Employer may implement a variable schedule of thirty-five (35) to forty (40) hours in lieu of a reduction in force in pre-publishing sales support and dispatch by mutual agreement with the Union.

3. The Employer shall compensate for overtime at the rate of time and one half in cash, except as noted in subsection (a) below. Overtime shall be defined as work beyond ten (10) hours in the work day or forty (40) hours in a work week. The Employer will endeavor to evenly distribute overtime and rotate overtime so that no single employee is burdened with excessive amounts of overtime work except where operational and skill requirements do not permit.

  1. Any employee assigned to work more than twelve (12) consecutive hours shall be paid double time for any work beyond twelve (12) hours.

  2. The Employer shall cause a record of all overtime to be kept with such record to be made available to the Guild upon request. The Guild may request this information as regards all covered employees, or as regards only a department or generally recognized sub-department. The Guild agrees to request overtime records on all covered employees not more often than three (3) times within any calendar year, but may request overtime records of a department or generally recognized sub-department or individual as often as once per month.

  3. An employee, except as noted below, must be given and take a lunch break after working not more than five and one-half (5 1/2) consecutive hours for shifts scheduled for longer than six (6) hours. For shifts scheduled six (6) hours or less, the lunch break will occur after the end of the shift. For production maintenance employees who are scheduled on call during the thirty (30)-minute lunch period, that period will be paid. If they are not scheduled on call, the lunch period is not paid. District managers and single copy sales representatives in the circulation department may take their lunch break at a time consistent with their duties.

  4. No employee shall, without his or her consent, be scheduled to work more than five (5) consecutive days without being given at least one (1) day off, or being compensated at time and one half rates for work on a sixth, and double time rate for a seventh or more consecutive days of work except as noted in Section 9(h) of this Article, and Article XXII, Part-time and Temporary Employees.

4. Employees called to work on their day off have the option of working (1) the lesser of eight (8) hours or the hours specified for the regular scheduled shift or (2) only the time required to complete the work. Should the employee choose not to work the hours specified in option (1) above, (s)he will receive at least four (4) hours of overtime pay for completion of the assignment. Employees called to work on their day off will be compensated for all time actually worked at time and one-half pay except as noted in this Article, Section 3(d) above.

5. Employees called back after the regular day’s or night’s work shall receive a bonus of two (2) hours pay. This shall not be in payment for any time actually worked. Time and one-half of straight-time rates unless otherwise provided (with a guaranteed minimum of one (1) hour’s pay) for the time worked on said callback shall be paid.

6. That part of a scheduled shift within ten (10) hours after the completion of the employee’s previously scheduled shift shall be paid for at the rate of time and one half.

7. Work schedules shall be posted in each department by 3 p.m. Wednesdays for the next following week. Employees shall be allowed to trade shifts and/or days off provided (a) no overtime shall be paid as a result of such trade and (b) the supervisor agrees in advance to each instance of a trade. Overtime shall be defined as all work beyond ten (10) hours in the work day or forty (40) hours in the work week. The Employer may elect not to post weekly work schedules in those work groups which are normally scheduled for the same hours but to post the work schedule whenever there is a change in the normal schedule, including scheduled overtime, and inform all employees in the work group of the schedule change as soon as practical but no later than 3 p.m. Wednesday for the next following week. However, the Employer may adjust the schedule after it has been posted to avoid the payment of overtime. The Employer will work with the employee on adjusting the schedule, but the Employer will make the final decision on any change to the employee’s schedule. Overtime will be paid, however, if any work exceeds ten (10) hours in a day or forty (40) hours in the work week.

8. (a) Employees who regularly operate computer equipment are entitled to a fifteen-minute break during both the first and second parts of their shift and a five-minute stretch break in their immediate work area after one hour of continuous assignment to computer operation, in addition to their allocated lunch period.

(b) Consistent with the needs of the Employer, the Employer will attempt to give production maintenance employees fifteen (15) minute break periods before and after lunch for shifts longer than six (6) hours. For shifts six (6) hours or less, there will be one fifteen (15) minute break. Consistent with the needs of the Employer, the Employer will attempt to give production maintenance employees adequate time at the end of their shifts for personal cleanup time. The employee is required to remain in the building until the scheduled end of the shift.

(c) All other employees are entitled to a ten minute break during both the first and second parts of their shift.

9. In the production maintenance and paper departments, an annual base schedule for full-time employees shall be posted for bid from December 1 to January 15 each year and shall begin on the first Sunday in March. The base schedule shall reflect starting times and days off by schedule slot, and shall indicate any special tasks or responsibilities associated with the slot. Employees in those departments shall select schedule slots in company seniority order subject to the following conditions:

(a) Starting times may be changed during the year by a maximum of one hour, earlier or later, with seven days’ notice.

(b) Scheduling reassignments may be made on a temporary basis to cover staffing shortages caused by any type of employee absence.

(c) The Employer may assign employees out of seniority order if there are exceptional differences in qualifications for the particular function or special skills demonstrably not available from the more senior employee.

(d) Shift leads shall bid their schedules separately from a list of shift lead schedule slots, choosing in company seniority order among their group.

(e) The posting and selection process shall be repeated in the event a major change in operational needs requires a change in assigned shifts and days off. Major change in operational needs includes, but is not limited to, obtaining or losing a significant amount of commercial print work, a change in print schedules for current commercial work or core products, a change in staffing levels or the implementation of a new collective bargaining agreement if there are changes in the agreement that impact the production department. If a new schedule is required due to a reduction in force (RIF), the new schedule will be posted the same day the RIF is announced, and employees shall then have two weeks to bid the new schedule. The Employer may schedule the shifts to meet business needs for the third week after the announcement of layoffs. The new schedule will be posted by 3:00 p.m. Wednesday on the third week and will begin on the fourth week. In all other cases, the new schedule shall be posted for bid for at least ten (10) calendar days. The new schedule shall be posted by 3:00 p.m. the Wednesday after the bid is closed and shall be effective the following Sunday.

(f) Any schedule slot vacated by transfer or termination of employment shall be filled by the employee hired to fill the vacancy unless the employee first in seniority below the terminating employee claims the vacated schedule slot. If the next in seniority claims the vacated slot, that employee’s former slot shall be available for claim by the employee next in seniority. This process shall continue until the employee next in seniority passes on the newly vacated slot. The employee hired to replace the terminating employee shall fill the slot left open when the one-bid succession is ended by the employee who declines to claim the available shift.

(g) The Employer shall endeavor to schedule employees in the Production Maintenance department to have at least one weekend day off each week.

(h) If an employee bids a new schedule that results in the employee working six (6) days or seven (7) or more days without a day off due to switching to the new schedule, one and one-half times the straight time pay for the sixth day or double-time pay for the seventh (7th) and subsequent days until the next regular day off as provided in Section 3(d) of this Article will not be paid. An employee’s request to use available vacation, floating holidays or CDOs to avoid working more than five days in a row will not be unreasonably denied.

10. Paperhandlers: The regular scheduled workweek for full-time employees in the warehouse (paperhandlers) may vary between thirty-five (35) and forty (40) hours. The regular scheduled workday may vary from five (5) to ten (10) hours. The Employer may adjust the schedule after it has been posted to avoid the payment of overtime. Employees scheduled to unload rail cars may be sent home if the rail cars do not arrive as scheduled, and the employees’ schedules may be adjusted to add the lost hours of work later in the week. In no case will the employee’s schedule be less than thirty-five (35) hours. The Employer will work with the employee on adjusting the schedule, but the Employer will make the final decision on any change to the employee’s schedule. Overtime will be paid, however, if any work exceeds ten (10) hours in a day or forty (40) hours in the work week.

11. Customer Service:

(a) For full-time employees in the circulation customer service department, seniority selection for full-time schedule slots will be filled in the manner described in subsection (b) below, except that the posting and selection process shall continue until no employee requests the open slot.

(b) In Circulation Customer Service, any part-time schedule slot vacated by termination of employment shall be filled as follows:

  1. The slot shall be posted for a period of not less than three (3) days and shall be awarded to the most senior part-time employee performing the same or comparable function who requests the slot.

  2. A slot to be vacated as a result of seniority selection shall be posted and filled in the same manner as (1) above. This process shall continue until at least three (3) slots have been posted and bid, or until no employee requests the open slot. The employee hired to replace the terminating employee shall be assigned the last slot thus vacated.

(c) Schedule bidding will occur within groups of employees doing the same or similar work.

(d) Six (6) or more consecutive shifts resulting from a schedule rotation will not cause the payment of time and one-half or double-time pay as provided in Section 3(d) of this Article.

12. Employees who work shifts starting between the hours of 6 a.m. and midnight on Sundays shall at their request be given consecutive days off during the week.

13. An employee working more than four (4) hours in any one shift of eight (8) hours in a higher wage classification shall be paid at the rate of pay for the higher wage classification.

14. Time actually spent in transit by employees traveling within the normal workday to and from out-of-town assignments, shall be considered working time and shall be paid. Travel outside the normal workday will not be paid. The Employer will endeavor to schedule travel within the normal workday for employees going to or returning from out-of-town assignments. Where the employee is permitted a choice of more than one form of transportation, the shortest time by which the assignment can be reached shall be allowed.

  1. Insofar as possible, the employee shall adhere to the eight (8)-hour work day.

15. Under no circumstances will an employee receive more than double time pay for any time worked.

16. The department head shall keep accurate records of compensatory time.

17. District managers shall have two consecutive days off, including at least one weekend day, except upon mutual agreement between the affected district manager and the Employer. A district manager’s request for alternative consecutive days off shall not be denied if operational needs are met.

18. Seniority in choice of shifts shall be given serious consideration. Assignment to night shifts shall not be made for the purpose of whim or harassment.

19. Technical Producer, Sr. Technical Producer, Web Software Developer, Sr. Web Software Developer Positions:

(a) The covered positions of Technical Producer, Sr. Technical Producer, Web Software Developer, and Sr. Web Software Developer are FLSA-exempt salaried positions. Salaried employees shall work the hours needed to complete assigned work at such times that the work needs to be performed and shall not be held to a set work-day or work-week.

(b) The Employer and the Union recognize that at times the nature of the work requires long, irregular hours including weekend and evening work. The Employer will not act unreasonably in the assignment of work or the scheduling of employees.

(c) When periods of extraordinary workload are completed, an employee may request and the Employer may grant additional day(s) off with pay, not to be unreasonably denied.

(d) In the event that an employee works late in the night, such employee will be permitted to arrive at work later the next day within reason.

Article XV

Holidays

  1. The recognized holidays are New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas, and after six months of employment, one floating holiday and Employee Birthday (provided at least two weeks written notice is given by the employee, otherwise a second floating holiday shall be substituted for the Birthday). Upon proper notice, the employee may substitute a religious holiday of choice.

  1. Full-time employees who are not required to work on those holidays will receive their regular day’s pay. Full-time employees working a five-day week shall receive eight (8) hours of pay for the holiday. Full-time employees working a four-day week shall receive ten (10) hours of pay for the holiday. Full-time employees who are required to work on a holiday will be paid at double the straight-time rate for all hours worked.

  1. Arrangements for selection of the floating holidays must be made and mutually agreed to with the employee’s department head. The department head shall be notified at least two (2) weeks in advance of the employee’s choice of his or her floating holidays. The floating holidays must be taken during the current calendar year or mutually agreeable extension, or the employee will receive regular pay for that day. Employees may select floating holidays by seniority from April 1 to April 15 for the following vacation year. After April 15, requests for floating holidays will be considered in the order they are received. Full-time employees working a five-day week shall receive eight (8) hours of pay for the floating holiday. Full-time employees working a four-day week shall receive ten (10) hours of pay for the floating holiday.

  1. If the day on which a national holiday listed in Section 1 is observed falls on an employee’s day off, at his or her option, the employee shall receive eight (8) hours of regular pay for the day or be given a compensating day off by mutual agreement with the Employer. The compensating day off may be taken in the 7-day period immediately preceding the holiday or up to sixty (60) days after the holiday. If the compensating day off cannot be taken within sixty (60) days, or mutually agreeable extension, after the holiday, the employee will receive regular pay for the day. If an employee’s birthday falls on one of the other stated six (6) holidays, the employee will receive a compensating day under the aforementioned sixty (60) day provision. If the actual holiday date (e.g., December 25, January 1) is selected as the compensating day off by more than one employee in a given department or sub-department, seniority shall determine the employee(s) who receive the day off unless there are differences in qualifications for the particular function or abilities demonstrably not available from the less senior employee.

  1. If an employee is scheduled to work a holiday as an overtime day, the employee shall be paid at the double-time holiday rate and receive a compensating day off as provided in Section 4 above.

  1. Part-time employees in the Circulation Department shall be paid the double-time rate for all time worked on a holiday, but for not less than four (4) hours. In all other departments, part-time employees shall be paid the straight-time rate for all time worked, but not less than four (4) hours. Part-time employees who do not work on a holiday shall receive no pay for the holiday. Holiday work will be scheduled—first by accepting volunteers on the basis of seniority and thereafter by rotation—from the least senior to the most senior employee within a given department or sub-department. Differences in qualifications for the particular function or abilities demonstrably not available in other employees may be taken into consideration by the Employer in assigning holiday work.

  1. By agreement with the Employer, an employee may select any two (2) religious holidays to substitute for any two (2) of the holidays listed in Section 1 above. Such selection shall be arranged with the department head not less than two (2) weeks before the religious holidays chosen.

  1. An employee’s regular hours or days off will not be changed or shifted to avoid payment of holiday premium pay he or she normally would receive.

  1. Full-time employees whose work extends past 6 p.m. on Christmas Eve and New Year’s Eve shall receive time and one-half pay for all hours worked after 6 p.m.

  1. Holiday and Floating Holidays for Flexible Schedules

  1. Holiday Not worked – Pay 8 hours for the Holiday and adjust the employee’s schedule for the week if necessary to ensure 40 hours for the week (for Paperhandlers, no more than 40 hours and no fewer than 35 hours) are paid including the Holiday pay.

  2. Holiday Worked – All holidays are at least 8 hour days. Pay 8 hours at double the straight-time rate for the day, or, at the employee’s request and by mutual agreement, pay 8 hours at the straight-time rate and receive a compensating day off. Adjust the schedule for the week if necessary to ensure 40 hours for the week are paid including the holiday pay.

    1. For Paperhandlers –

      1. Option 1: Pay double the straight-time rate for the number of hours worked, but no less than the number of hours scheduled. For example, if the employee is scheduled to work 7 hours, but at the option of the Employer only works for 6 hours, pay double the straight-time rate for the scheduled 7 hours. If the employee is scheduled to work 7 hours, but works 8 hours, pay double the straight-time rate for 8 hours.

      2. Option 2: Pay the number of hours worked at straight-time rate, but no less than the number of hours scheduled and receive the same number of hours as a compensating day off.

  3. Holiday Falls on Regular Day Off – Pay 8 hours for the Holiday or at the employee’s option, receive a compensating day off of 8 hours to be taken by mutual agreement.

  4. Floating Holidays – Pay 8 hours and adjust individual’s schedule as necessary to ensure 40 hours are paid for the week.

    1. For Paperhandlers – Bank of 16 hours. Pay the number of hours scheduled for the day and deduct that amount from the bank. For example, if the floating holiday is taken on a day scheduled for 6 hours, pay for 6 hours and deduct 6 hours from the bank.

Article XVI

Vacations

  1. The vacation period shall be for the entire calendar year.

  1. Eligibility for vacations shall be determined as follows: (a) two (2) weeks’ vacation with pay after one (1) year of continuous service, one week of which may be taken after six (6) months; (b) three (3) weeks’ vacation with pay after three (3) years’ continuous service; (c) four (4) weeks’ vacation with pay after seven (7) years of continuous service. Employees may take vacation in increments of no less than one (1) week as it is accrued, e.g., an employee entitled to two (2) weeks’ vacation shall accrue one (1) week at the end of each six (6) months of employment.

  1. Accrued vacation shall be computed from the anniversary date of employment.

  1. A full-time and a part-time vacation calendar covering the first Sunday in April of the current year through the first Saturday in April of the following year shall be posted in all departments or sections by February 1 of each year, together with a list of names of full-time employees ranked in order of full-time company seniority and a list of part-time employees ranked in order of company seniority. Employees must select vacation dates on the basis of their seniority prior to April 1, or lose their seniority rights for vacation selection. Changes shall not be made in the vacation schedule after April 1, except upon mutual agreement between affected employees and the department head. Part-time employees shall be permitted to schedule vacations in the same manner as full-time employees as described in this Article, except they will be provided a separate vacation calendar.

  1. If an employee has not taken all his or her vacation within one year from the employee’s anniversary date, the employee may carry over accrued vacation to a subsequent year. Employees are responsible for scheduling and taking enough vacation to avoid accrual in excess of the limits specified in this Section. Cash in lieu of vacation will not be paid except as provided in Section 7 of this Article. Carryover from one calendar year to the next will be limited to a maximum described below. Employees will use the vacation in a timely manner or lose the excess hours above their limits.

  1. Carryover from one calendar year to the next will be limited to a maximum of one year’s accrual, unless an employee’s vacation was canceled by mutual agreement at the request of management. Any carryover for this reason shall be scheduled and taken by March 31 of the following year, but will not change the carryover limit at the end of that following year.

  2. Unused vacation in excess of one year’s accrual may be assigned by the Employer. Vacation requests to use excess vacation shall not be unreasonably denied. Employees will lose unused excess vacation unless an extension is mutually agreed to by the department vice president and employee.

  1. Vacation may be taken one day at a time with the mutual agreement of the employee and the supervisor. Random vacation days may not be scheduled prior to April 1 for the following vacation year. Employees may select random vacation days by seniority from April 1 to April 15 for the following vacation year. After April 15, requests for vacation time will be considered in the order they are received.

  1. An employee whose vacation time includes a recognized holiday shall receive vacation pay for the vacation days and holiday pay for the holiday.

  1. Upon termination of employment, an employee (or his/her estate in case of death) shall receive accrued vacation pay. Employees who terminate employment within their first six months of service shall not be paid their accrued vacation.

  1. Employees who are prevented from starting their vacation because they are hospitalized or sick may have their vacation rescheduled.

  1. A vacation week shall be consistent with the scheduled work week of the employee. At the option of the employee, his/her days off shall be shifted to Saturday/Sunday for vacation purposes. This option must be exercised at the time the employee signs up for his/her vacation.

  1. Vacations for Flexible Schedules

  1. Single Day Vacations – Pay the number of hours scheduled and reduce the vacation bank by that number of hours. For example, if a single day vacation occurs on a day scheduled for 6 hours, 6 hours is paid and deducted from the employee’s vacation accrual bank.

  2. Full Week Vacations – Pay for 40 hours and deduct 40 hours from the employee’s vacation accrual bank.

Article XVII A

Full-Time Sick Leave

  1. Sick leave is designed to protect employees against loss of income during periods of legitimate illness, injury or disability. Proven abuse, defined as any situation in which an employee falsely claims the reason for missed work is illness, injury, disability or doctor or dental appointment(s), may result in discipline up to and including discharge. Excessive use of sick leave, including a pattern of use, at near or above the limits of this policy, may also result in discipline up to and including discharge, such discipline to be reviewed by the Human Resources Department. If reasonable cause for suspicion of misuse or abuse of the sick leave benefit arises, the Employer may request the employee provide a doctor’s note or other appropriate documentation.

  1. Full-time employees in the bargaining unit shall be eligible to receive up to five (5) days of paid sick leave in a calendar year. The Employer will credit each full-time employee on January 1 of each year with five (5) days of paid sick leave to be available for use during the calendar year. Employees hired after January 1 each year will receive 3.34 hours of sick leave for each full and complete month following the date of employment. (For example, an employee hired February 12 would receive 33.40hours to be used during the remainder of the year.) Employees on unpaid leave will have 3.34 hours of sick leave deducted from their bank for each full and complete month of unpaid leave.

Employees may use two (2) paid floating holidays for sick time in addition to their five (5) days of paid sick leave. Unused sick leave will not accumulate from one year to the next.

Sick leave may be used to cover absences caused by the illness of or injury to the employee, employee’s spouse/domestic partner or employee’s child. Illness or injury shall include doctor or dental appointments. After five consecutive days of absence because of illness of the employee, the employee (but not the employee’s spouse/domestic partner or child) is eligible to apply for sickness and accident coverage (Short-Term Disability) as provided in Article XVIII, The Denver Post Health Plan, Section 4.

  1. Sick leave for Variable Length Shifts

When a full-time employee is out due to illness, the number of hours on the employee’s schedule for that day (or days) will be deducted from the employee’s sick leave bank of 40 hours. For example, if an employee is scheduled for a 6 hour shift, 6 hours will be deducted from the sick leave bank.

  1. In the event a full-time employee has exhausted available sick leave but has a legitimate illness requiring regular visits to an appropriate medical facility, the employee shall be excused without pay to make such visits, provided the employee:

  1. Notifies his/her supervisor as far in advance as reasonably possible, or as soon as possible when advance notification is impossible, and provides doctor’s verification of the legitimacy of the situation;

  2. Works with the supervisor to establish a schedule in advance that will accommodate both the needs of the work unit and the needs of the employee, within reason.

  1. Absences directly related to an on-the-job injury shall not be counted in the employee’s paid sick leave utilization record. The employee is entitled to a second opinion regarding the prognosis of an injury, but the employee must utilize a doctor recognized by the insurance carrier of the Employer.

6. Full-time employees are entitled to either full or partial salary replacement as their approved Short-Term Disability (STD) benefit for a non-work-related catastrophic illness or legitimate injuries or sickness for the length of their illness according to the provisions of Article XVIII, The Denver Post Health Plan, Section 4.

7. Maternity disability shall be treated in the same manner as other disability or illness.

8. No deductions shall be made from overtime because of illness or injury.

Article XVII B

Part-Time Sick Leave

  1. Sick leave is designed to protect employees against loss of income during periods of legitimate illness, injury or disability. Proven abuse, defined as any situation in which an employee falsely claims the reason for missed work is illness, injury, disability or doctor or dental appointment(s), may result in discipline up to and including discharge. Excessive use of sick leave, including a pattern of use, at near or above the limits of this policy, may also result in discipline up to and including discharge, such discipline to be reviewed by the Human Resources Department. If reasonable cause for suspicion of misuse or abuse of the sick leave benefit arises, the Employer may request the employee provide a doctor’s note or other appropriate documentation. Sick leave may be used to cover absences caused by the illness of or injury to the employee, employee’s spouse/domestic partner or employee’s child. Illness or injury shall include doctor or dental appointments.

  1. A part-time employee shall earn paid sick leave at the rate of one (1) hour for every fifty-two (52) hours worked up to a maximum of five (5) shifts per calendar year.

  1. Accumulated paid sick leave may be taken in any increment of hours for any absence covered by Section 1 of this Article up to no more than five (5) shifts per calendar year, unless the employee has a catastrophic illness as provided in Sub-Section 2 (b) below. Partial-shift sick leave absences will be counted cumulatively. Each accumulation of hours not worked because of sick leave that equals six (6) hours shall be considered as one shift absence. Accumulated paid sick leave is not redeemable upon termination of employment or transfer from the bargaining unit or transfer to a full-time position.

  2. Part-time employees shall be allowed to accumulate up to 240 hours of sick leave. Accumulated sick leave may be used solely to cover catastrophic illness or legitimate injuries or sickness of an extended nature. Documentation may be required to support the extended leave.

(c) A part-time employee who transfers to a full-time position shall be eligible for full-time paid sick leave immediately upon transfer. A part-time employee who so transfers will receive sick leave credits in the same manner as the new employee described in Article XVII-A above.

(d) If an unusual medical condition is contributing temporarily to poor attendance for a part-time employee who otherwise maintains satisfactory attendance, efforts will be made by the Employer to accommodate the condition for a reasonable length of time provided the employee produces reasonable, valid evidence of legitimate illness when requested to do so by a supervisor.

  1. Maternity disability shall be treated in the same manner as other disability or illness.

  1. No deductions shall be made from overtime because of illness or injury.

Article XVIII

The Denver Post Health Plan

The Employer shall offer The Denver Post Health Plan, which will provide Medical, Dental, Vision and Life/Accidental Death and Dismemberment (“AD&D”) Insurance plans, Sickness and Accident coverage (“Short-Term Disability”) and Flexible Spending Accounts and Sec 132(f) tax-free Qualified Transportation Benefit Accounts to eligible employees covered by this collective bargaining agreement, upon proper enrollment.

1. Eligibility:

Full-Time Employees:

Full-time employees become eligible the first of the month following one full calendar month from the date of full-time employment for The Denver Post Health Plan (which includes Medical, Dental, Vision and Life and AD&D insurance benefits), with the exception of Short-Term Disability.

Part-Time Employees:

(a) Part-time employees become eligible for a medical HMO plan, Dental and Vision benefits (Dental and Vision premiums will be paid 100% by the part-time employee) when they have worked an average of 30 hours per week during a “Measurement Period” described in this paragraph. The Measurement Periods shall be: (1) October through February of the following calendar year, and (2) April through August. To maintain coverage under these benefits, the employee must continue to be paid an average of 30 hours per week in each Measurement Period. The Benefits Department will review the hours worked for each of the Measurement Periods and will notify the employee during March and September if he or she is no longer eligible, or becomes eligible, for benefits during the Measurement Period that has just concluded.

(b) For coverage to be effective, part-time employees must properly enroll by the end of the month of the notification period (March and September of each year).

(c) If an employee loses eligibility because of a reduction in hours, he or she will be offered COBRA continuation coverage (for a period of up to 18 months) and will pay 102% of the cost of the benefits. Hours shall not be reduced solely to avoid the payment of benefits under this section.

2. Premium share:

(a) Medical coverage: The Employer shall make Medical premium share contributions for full-time and part-time employees enrolled in the primary Medical plan (currently Kaiser DHMO) or its successor plan as follows:

Employee Only 78%

Employee+Child(ren) 74%

Employee+Spouse 70%

Employee+Family 70%

For any other Medical plans offered, the Employer shall pay an amount equal to its share of the Kaiser DHMO plan or its successor plan premiums and the enrolled employee shall pay the remainder.

(b) The Employer shall offer Dental and Vision plans.

    1. The Employer’s contribution for Dental Insurance shall not be less than 64% for full-time employees. Eligible part-time employees will pay 100 percent of the dental premium.

    1. Employees shall pay the full cost of the Vision plan.

(c) The employee shall pay his or her premium share by payroll withholding or directly to a Third Party Administrator (“TPA”) if COBRA coverage has been offered and elected.

3. Life and AD&D Insurance:

(a) The group term Life and Accidental Death and Dismemberment Insurance for full-time employees up to age 65 shall be one times (1X) the employee’s annual base wage, annualized and rounded up to the nearest $1000 up to age 65. An age reduction schedule applies after age 65.

(b) The cost of this coverage within the Employer’s Plan will be fully paid by the Employer.

(c) An additional amount of life insurance and voluntary AD&D insurance may be purchased by the employee.

(d) The rates for this coverage are provided during the annual Open Enrollment period.

(e) Complete information: For a detailed description of the Life, Accidental Death and Dismemberment and STD Insurance plans and the terms, conditions and extent of benefits, refer to the Plan document, which is available in the Benefits Department.

4. Disability:

(a) Short-Term Disability (“STD”): The Employer shall provide STD coverage for all full- time employees covered by this Agreement. Employees hired after the date of implementation of this Agreement shall have a waiting period of one (1) year from their date of hire before they are eligible to receive STD benefits.

  1. The first five (5) days of absence because of illness (“Elimination Period”) will be charged to the employee’s sick leave, if any is available. If an employee’s sick leave has been exhausted, the elimination period will be unpaid. Upon proper application by the employee to the Employer’s Third Party Administrator (“TPA”) and upon approval by the TPA, payment for the STD benefit will be paid for the sixth (6th) day of absence because of illness and consecutive days of disability through the period of time approved by the TPA, up through a maximum of twenty-six (26) weeks.

(2) First Period of STD in a consecutive 12-month period:

(a) The first period of STD benefit in a consecutive 12-month period is paid as follows:

(1) For the first thirteen (13) weeks, upon approval by the TPA of the employee’s application for STD, the STD benefit of 70% of salary will be supplemented by the Employer up to 100% of salary for the approved period. The employee will not be required to supplement the STD benefit with unused sick days, vacation or floating holidays.

(2) For the remaining thirteen (13) weeks, employee’s will not have their salary supplemented, but will receive the 70% salary replacement benefit. With prior request in writing, employees may use any unused sick leave, vacation or floating holidays to supplement their basic STD benefit.

(3) Second Period of STD in a consecutive 12-month period:

(a) Employees returning to work from a period of STD of 26 weeks shall have a 45-calendar day waiting period before they are eligible to receive STD benefits a second time for the same or a different illness.

(b) Employees returning to work from a period of STD of less than 26 weeks will have no waiting period if they have to return to STD status for the same illness. Their STD benefits may continue up to the 26 weeks allowed for that same illness. In this situation, the Employer’s supplement of the employee’s salary up to 100% income replacement shall continue for up to thirteen (13) weeks if thirteen weeks has not already been supplemented for that same illness.

(c) Employees who have exhausted their first 26-week STD benefit and are approved to begin a second period of STD within a rolling period of 12 months (after the required 45-day waiting period), will not be entitled to have their salaries made whole, but will receive the 70% salary replacement benefit. With prior request in writing, these employees may use any unused sick leave, vacation or floating holidays to supplement their basic STD benefit.

(4) An employee, upon approval, may donate up to one (1) sick day or one (1) vacation day per calendar year to another employee in his or her Second Period of Short-Term Disability. Contact the Benefits Department for details.

(5) Complete details regarding the Employer’s disability benefit and procedures for applying are available in the Benefits Department.

(b) Long-Term Disability (LTD): Full-time employees shall be eligible and are encouraged to purchase this insurance at a group rate.

5. Flexible Spending Accounts:

(a) Medical and dependent care spending accounts will be made available and will be defined and administered as required by law.

(b) In addition, the Sec 132(f) tax-free Qualified Transportation Benefit for parking and/or transportation costs will also be made available and will be defined and administered as required by law.

(c) The benefits in Paragraphs (a) and (b) can be elected during the annual Open Enrollment period and are available to all employees regardless of whether they are eligible for other benefits in this Article. The Employer shall pay all administration costs of these plans.

6. Open Enrollment: Employees shall have the right to change elections under the Employer’s

Health Plan and other benefits within specific Open Enrollment dates set each year by the Employer. Once an employee makes a selection, the employee must remain in the selected plan the remainder of the plan year unless the employee sustains a qualifying life event as defined by the Plan.

7. Benefits At Retirement:

Early retirement between ages of 55-64:

Employees who elect early retirement from the Employer after January 1, 2008 shall have the option of continuing their medical coverage, paid fully by the employee, at the early-retiree group rate. Employees who retired from the Employer prior to January 1, 2008 shall have the option of continuing their medical coverage, paid fully by the employee, at the active employee group rate.

An exception will be made for those employees who transferred into the Denver Newspaper Guild from Denver Typographical Union Local 49 who had Attrition A List guaranteed jobs. The terms and conditions of medical coverage for early retirement for Attrition A List employees will be governed by the provisions of Memorandum of Agreement No. 6 to this collective bargaining agreement.

Normal retirement at age 65 or older:

(a) Employees who retire from the Employer shall have the option of continuing their medical coverage, paid fully by the employee, at the post-65 retiree group rate.

(b) Employees who are age 65 or older must have proof of their MediCare Part B coverage/award letter from the Social Security office at least 30 days prior to the date of retirement to be eligible to continue medical coverage on the group Medigap plan as required by current Center for Medicare and Medicaid Services regulations. Arrangements for payment of the full premiums by the employee shall be made with the Benefits Department prior to retirement.

Employees not electing to continue medical coverage through the Employer’s medical plans at the time of retirement will not be eligible to elect medical coverage at a later date.

Continuation of other benefits for which retirees are eligible will be offered through COBRA.

8. Wellness Program: The Employer and the Union(s) will begin meetings to jointly develop a Wellness Program for all employees. Any Wellness initiative must be mutually agreed to by both the Employer and the Union(s).

9. Benefits Plan Design:

(a) The Employer will select all benefit plans (medical, dental and other plans) and all benefits components provided in those plans (e.g., co-insurance amounts or percentages, as well as deductibles and out-of-pocket employee costs) that constitute the design of these plans. Any changes in plans or plan design will be reasonable.

(1) “Reasonable” is defined as meaning that medical plan design components will be selected based on benchmarks (1) among employers of similar size (currently 500 or more employees) in Colorado and (2) in the national Printing and Publishing Sector. Benchmark data will include, but not limited to, benefit components of plans, data comparing cost per employee per year, and the Employer’s demographics compared to those of the benchmarks.

(2) If the Employer’s actual cost per employee per year is projected to be less than that of the demographically adjusted benchmark per employee per year costs, the Employer will not reduce medical plan design benefits provided for employees for the following year.

(b) The Employer will provide information to and receive comments from the Union in analyzing information received from the benefit providers before any decisions are made concerning benefit plans or plan components each year, but is not required to bargain such changes. If the Union believes the changes are unreasonable it may file a grievance under Article V, Grievance Procedure.

(c) The Union(s) will negotiate share of premium for benefits but will not negotiate the benefit providers selected or the benefit plan design or components.

10. Plan document: The components of the Employer’s Health Plan are contained in the Plan document, a copy of which may be obtained in the Benefits Department. The specific terms and conditions for each benefit will be governed by the insurance contract or other benefit program documents.

Article XIX

Other Benefits

1. Parking/Transportation Benefit: Employees may set aside pre-tax dollars to pay for parking and/or transportation costs under amendments to Section 132 (f) of the Internal Revenue Code by the Transportation Equity Act for the 21st Century. The program is available to all employees regardless of whether they are eligible for other benefits under this Agreement. Employees can enroll in the program upon employment or during open enrollment each year. Employees also may make changes to their contribution amount during open enrollment. Employees will submit receipts for parking or mass transit passes to a designated third party administrator for reimbursement. The Employer shall pay all administration costs of the plan.

2. Adoption Assistance: The Employer shall offer an Adoption Assistance benefit to full-time employees and part-time employees who work a minimum of 30 hours per week. Contact the Benefits Department for additional information.

3. Employee Assistance Program (“EAP”): The Employer will offer an Employee Assistance Program to provide assessment, referral, focused therapy and coaching for employees and household members in dealing with personal problems, such as substance abuse, stress or emotional issues or financial problems that may affect job performance. Employees who enter an acceptable rehabilitation program shall be given a reasonable opportunity to control the problem or disorder, but it is explicitly understood that submission to treatment alone shall not provide immunity from termination or other appropriate discipline.

4. Tuition Reimbursement: The Employer shall pay tuition costs for an active employee attending university, college, trade school or other institution under the following conditions:

(a) Employee must have a minimum of one year of full-time employment with the Employer and currently work in a full-time position.

(b) Application for tuition assistance benefits must be approved before an employee begins course work.

(c) Course(s) must be taken at an accredited college, university, trade school, or other institution and considered to be related to the employee’s current job assignment or logical avenues of promotion.

(d) Course(s) must be successfully completed, normally within 60 days of the estimated completion date. Successfully completed shall mean receipt of a grade “A,” “B” or “C.” No reimbursement will be made for a grade below a “C.”

(e) Reimbursement is at the rate of 50% and applies only to tuition cost.

(f) Employee’s full-time status must be retained through course completion. Any change in this status shall disqualify reimbursement.

(g) No reimbursement will be made which duplicates costs covered by governmental or other educational grants.

(h) Up to an amount specified by IRS regulations as tax-free may be offered to each employee per calendar year. Tuition expense remitted for graduate-level courses will be taxable (as specified by IRS regulations).

(i) An employee who voluntarily terminates employment within six (6) months of receiving tuition assistance shall repay the Employer one-half of the total amount of tuition assistance received from the Employer during the immediate previous twelve (12) months of employment. An employee who voluntarily terminates employment within twelve (12) months of completing a course of study resulting in a degree or certification, shall repay the Employer one-half of the total amount of tuition assistance received from the Employer during the immediate previous twenty-four (24) months of employment.

5. Training: The Employer recognizes the need for and the value of providing training that will allow equal opportunity for transfer or promotion to employees after completion of such training.

(a) The Employer shall accept requests for training from among employees who are interested in finding job opportunities in other classifications or departments.

(b) Training shall be considered by the Employer that will provide means for present employees to find job opportunities in other classifications or departments when openings exist.

(c) The Employer agrees to offer training opportunities to enable employees to maintain skills within their classifications and also encourages employees to take steps on their own initiative to develop their skills.

Article XX

Leaves of Absence

(Unpaid Leaves, Funeral Leave, Child Care,

Jury Duty, On-the-Job Injuries,

Family Emergencies)

  1. Upon request, the Employer shall grant leaves of absence for good and sufficient cause.

  1. Employees may receive leaves of absence without prejudice to continuous service in determination of severance pay. (General increases will apply only for those employees on leave of absence for a period of six (6) months or less.) Upon request, leaves of absence shall be granted to delegates elected to The Newspaper Guild, CWA or AFL-CIO conventions, both national and local; to delegates elected to special meetings called by The Newspaper Guild or CWA; and to employees elected or appointed to local or national Guild, CWA or AFL-CIO office or position. An employee on such leave shall be reinstated in the same or comparable position upon expiration of such leave. No severance pay shall accrue during leaves of absence. Right to reinstatement shall terminate in the event an employee on leave engages in gainful employment other than that for which the leave was granted. The number of employees on leave to accept local or national Guild or AFL-CIO elective or appointive office shall be limited to one (1) at any time except by mutual consent of the Employer and the Union. Employees on leave to accept local or national Guild or AFL-CIO elective or appointive office may receive benefits of Article XVIII, The Denver Post Health Plan, and Article XI, Pension, during such leave, provided prior arrangements for payment of necessary premium is made with the Human Resources Department and contingent upon such payments being timely made.

  1. An employee shall be granted up to four (4) consecutive scheduled working days of paid leave of absence in the event of the death of a spouse, child or domestic partner. In the event of the death of a parent, parent of spouse, brother, sister, grandparent, surrogate parent or nearest blood relative, the paid leave of absence shall be up to three (3) consecutive scheduled working days. Within seven (7) days of the death, the employee shall work with his/her supervisor to schedule the time off. Regular scheduled day(s) off and holidays shall not count against an employee’s entitlement to paid leave under this section, but no leave shall be granted while an employee is on vacation, leave of absence or otherwise not working. The employee may extend the leave provided in this Article by a maximum of thirty (30) days through any combination of vacation and unpaid leave of absence, if the request is made to the employee’s supervisor or the Human Resources Department before the end of the paid funeral leave period.

  1. The Employer shall grant child-care leaves to full-time employees who are the primary caregivers up to twelve (12) months in length inclusive of any paid disability period. The Employer also shall grant unpaid spousal leave to full-time employees for the purpose of childcare for up to six months. Adoptive parents shall receive the same benefit considerations with respect to childcare leave as natural parents.

By arrangement with the Employer, an unpaid leave for the purpose of child care shall be granted to part-time employees who are the primary caregivers who have worked for the Employer one (1) year or more and average twenty (20) or more hours of work per week. Such leave shall not exceed one hundred eighty (180) calendar days in duration, which may be extended by mutual agreement.

  1. An employee called to a jury panel shall so notify his or her supervisor in advance and will be excused from his or her work to report for this duty. If not selected as a juror, the employee shall return to work without delay and will be paid for time absent. If the employee is selected as a juror, he or she shall call his or her department head as soon as possible and inform the supervisor of his or her being selected a juror. Full wages shall be paid to the employee when so engaged as a juror. All monies received by the employee for his or her services as a panel member or juror shall be turned over to the Employer with full endorsement.

An employee regularly scheduled nights, provided the employee notifies his or her department head prior to the posting of the work schedule, shall be scheduled for day work and the above-mentioned provisions will apply.

The above provisions shall also apply to any employee who is subpoenaed to testify in any court or administrative proceeding, provided the employee is not a defendant in such proceedings, unless he or she is a defendant in an action that is job-related.

6. (a) When the worker’s compensation primary care physician determines that an injured employee is able to return to work on a modified duty basis, the Employer may assign the employee to any meaningful work within the bargaining unit, or, with the mutual agreement of the Employer, the Guild and the employee, in a non-represented department. The employee shall be paid at the same rate as if working in his/her regular position. A temporary modified duty assignment shall not exceed sixty (60) days without the mutual agreement of the Employer, the Guild and the employee.

(b) Other employees of the Employer who are unable to perform their normal, regular duties because of an on-the-job injury but are released by their primary care physician to return to work on a modified duty basis may be assigned to meaningful work within the Guild bargaining unit provided that such an assignment:

    1. is not a violation of another collective bargaining agreement;

    2. does not displace any Guild-covered employee;

    3. does not delay the posting or filling of a vacant position in the unit; and

    4. is for a duration not to exceed sixty (60) days without the Guild’s agreement.

7. The Employer agrees to notify the Guild before an employee begins temporary modified duty within the unit, and agrees that Guild Local 37074 will be paid dues for each non-unit employee assigned to temporary modified duty within the unit for each month the employee works in the Guild bargaining unit.

8. An employee may use up to two (2) days of unpaid leave per year for family emergencies.

Article XXI

Military Service

      1. The Employer shall honor all requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA) as it applies to an employee who has been absent from work due to “service” in the U.S. uniformed services. “Service” under USERRA means the performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, absence from work for an examination to determine a person’s fitness for these duties, and funeral honors duty performed by National Guard or reserve members.

      1. Reemployment following a period of service in the U.S. unformed services shall be offered by the Employer in the same type of work that was done prior to such military service, provided the employee meets the eligibility for reemployment established by applicable law, and provided they are capable of performing such work and make personal application for such reemployment with the Employer within ninety (90) days from the end of the service period.

      1. Vacancies created by such leaves shall be filled either by promotion of regular employees on the staff, or, if necessary, by hiring temporary employees. In either event, the job filled under such circumstances shall be vacated upon the return of the original job holder. If the salary of any regular employee promoted to fill a vacancy is increased as a result of such promotion, this salary may be restored to no less than he or she would have received if his or her service in his or her former classification had been continuous, provided this is not less than the then existing minimum for this classification, and the employee filling the vacancy shall be restored to his or her former job.

      1. An employee hired as a replacement for one entering such service or recognized alternative service shall be given preference over any new employee in filling comparable vacancies which may arise. The subsequent employee hired to fill the military vacancy will then be designated as the military replacement.

      1. When employees are employed or restored to employment under this section, their dismissal indemnity rating and other rights under this contract shall be unimpaired and they shall be given dismissal indemnity credit as provided by law for the time of their service.

      1. Any employee who has been on military or recognized alternative service leave of absence and has complied with the foregoing conditions, but is incapable of resuming employment because of physical or mental disability, shall be paid dismissal indemnity as provided by law.

      1. The provisions of this service clause do not apply to temporary employees hired by reason of leaves of absence granted to employees for such service in the U.S. uniformed services.

      1. Employees in the active reserves of the U. S. Armed Forces or the National Guard shall be granted leaves of absence without pay to attend required annual training or call to duty for emergency service. Such employees must inform the Employer of this reserve status and must give notice of training dates as soon as possible if less than three weeks hence or not later than their next scheduled shift if such training commences more than three weeks hence. Employees must provide the Employer a copy of orders for such training if requested to do so.

      1. Employees in the active reserves who are required to attend annual or weekend training may request that their hours of work on the shift immediately preceding the first day of such training be adjusted so that the shift ends not later than midnight, and such requests shall be granted if all scheduled hours can be covered at straight time rates.

Article XXII

Part-Time and Temporary Employees

  1. A part-time employee is one who is (1) hired to work less than forty (40) hours in a work week in departments with forty (40) hour work weeks, or (2) hired to work less than thirty-five (35) hours in a work week in departments with flexible schedules of thirty-five (35) to forty (40) hours in a work week. A temporary employee is one employed on a special project for a period of no more than six (6) months, except in cases where a temporary employee is hired to replace an employee on leave, then temporary employment shall be for the duration of the leave. Full-time temporary positions shall be posted in accordance with Article XIII, Transfers and Promotions. When temporary employees are hired, the Union shall be notified of the temporary or special projects that require such hiring and the anticipated duration of such projects.

  1. Except by mutual agreement, part-time employees will not be scheduled to work more than five days in a work week. This provision does not apply to Customer Service Representatives.

  2. Part-time employees may decline work days outside of their posted schedule.

  3. The provisions of Article XIV, Hours of Work and Overtime, with regard to overtime pay for work on a sixth (6th) or seventh (7th) day and work outside of posted schedules do not apply to part-time employees.

  4. Hours worked by a part-time employee in a week may increase to forty (40) or more hours or decrease based on business needs without changing the employee’s part-time status, except as noted in Section 2 of this Article.

  1. Part-time or temporary employees shall not be employed where, in effect, such employment would eliminate or displace a full-time employee. Except for customer service call center positions, in cases where the duties of part-time employee(s) can be consolidated into a full-time position as described in Article XIV, Hours of Work and Overtime, Sections 1 or 2, a full-time position shall be created, provided the part-time positions have met the definitions of Article XIV, Sections 1 or 2 for at least the previous six (6) continuous months. With the mutual agreement of the Employer and Union, full-time positions can be restructured to accommodate employee requests for flexible work schedules or job-sharing.

  1. Part-time employees shall receive all the benefits and are covered by all provisions of this contract except as limited in this contract. Temporary employees shall receive all the benefits and are covered by all provisions of this contract, except those outlined in Article XXI, Military Service.

  1. Part-time employees will be paid an hourly wage rate specified for full-time classifications. Part-time employees shall move into the next higher wage step when the employee has worked the number of full-time equivalent hours for the next pay step.

  1. Vacation credit for part-time and temporary employees shall accrue in proportion to total hours worked; however, part-time employees who terminate employment within the first six (6) months of their employment shall not receive payment for accrued vacation credits upon termination.

  1. Part-time employees will be given preference ahead of new part-time or temporary employees for work on holiday or vacation relief assignments normally performed by full-time employees. At the conclusion of such relief assignments, they will be returned to their former position as part-time employees.

  1. Temporary employees may be hired to fill vacancies resulting from leaves of absence granted to employees under the terms of Article XX, Leaves of Absence.

(a) Temporary employees are eligible to be considered to fill posted regular part-time or full time vacancies, and, if transferred to fill a regular vacancy, their date-of-hire as a temporary employee shall become their Employer seniority date.

Article XXIII

Wages

Effective July 31, 2016, increase all scales by 3%. (Salaried employees shall receive a 3% increase to their current salary)

February 2017, wage opener to be negotiated jointly with all Guild/DFM units.

February 2018, wage opener to be negotiated jointly with all Guild/DFM unit.

1. Negotiated wage scales shall be as follows:

Operations and Production Positions

1. Paperhandler

Paperhandler

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

11/22/09

550

627

720

800

07/31/16

567

646

742

824

3B. TSD Electrician

TSD Electrician

Level 1

Level 2

Level 3

02/17/14

1120

1160

1200

07/31/16

1154

1195

1236

*See MOA #14

4. Machinist

Machinist (includes former production maintenance mechanics)

Start

2nd Yr.

3rd Yr.

4th Yr.

5th Yr.

6th Yr.

10/05/08

677

720

815

988

1017

1119

07/31/16

697

742

839

1018

1048

1153

7. Electrical and Electronic Maintenance III

Electrician III

5th Yr.

6th Yr.

10/05/08

1251

1332

07/31/16

1289

1372

Administrative, Business Office, Finance Positions

11. Administrative Aide IV

Dispatch Clerk, Lead Clerk

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

531

581

624

649

670

07/31/16

547

598

643

668

690

12. Administrative Aide III

CIS System Clerk

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

567

609

659

678

712

07/31/16

584

627

679

698

733

14A. Administrative Aide I (A)

Secretary

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

612

655

696

741

791

07/31/16

630

675

717

763

815

14C. Administrative Aide I (C)

Advertising Accounting Clerk, Buyer, Advertising Customer Service Representative, Principal Clerk, Commercial Collector, Senior Research Analyst, Research/Marketing Analyst, Advertising Systems Coordinator, Single Copy Coordinator

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

687

740

791

832

889

07/31/16

708

762

815

857

916

Circulation Positions

26. Inside Circulation Support

Circulation Customer Service Billing Specialist, Circulation OPU Clerk, Circulation Customer Service Representative

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

48 Mon

10/05/08

567

609

659

678

710

07/31/16

584

627

679

698

731

These wages for part-time CSRs are effective upon completion of call center restructuring

28. District Manager

District Manager

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

749

826

913

1025

1224

09/09/12

702

770

851

948

1132

07/31/16

723

793

877

976

1166

29A. Single Copy Sales Representative

Single Copy Sales Representative

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

699

761

824

879

950

07/31/16

720

784

849

905

979

30. Assistant Circulation Representatives

Assistant District Manager

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

10/05/08

669

697

749

779

09/09/12

627

653

702

726

07/31/16

646

673

723

748

31. Street Circulator and Single Copy Returns Handler

Street Circulator*

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

10/05/08

615

652

679

854

07/31/16

633

672

699

880

*See Memorandum of Agreement No. 2

Advertising, Marketing and Pre-Publishing Positions

33. Classified Advertising Sales Specialist

Sales Specialist

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

48 Mon

10/05/08

534

576

607

651

670

07/31/16

550

593

625

671

690

34. Classified Advertising Contract Sales

Inside Account Executive

Start

6 Mon

12 Mon

18 Mon

24 Mon

30 Mon

36 Mon

42 Mon

10/05/08

612

655

696

741

791

07/31/16

630

675

717

763

815

38. Sale Assistant (Grandfathered)

*Sales Assistant, Advertising Operations Specialist

42 Mon

10/05/08

920

07/31/16

948

*Scale for incumbents in the job title as of 10/07/07. See Memorandum of Agreement No. 7 for named incumbents

38C. Media Sales Coordinator

Media Sales Coordinator

Start

2nd Yr.

3rd Yr.

11/22/09

753

776

799

07/31/16

776

799

823

38D. Multi Media Sales Coordinator

Multi Media Sales Coordinator, Digital Retention Specialist

Start

11/22/09

800

07/31/16

824

See Memorandum of Agreement No. 7 for named incumbents as of 10/7/07 and scales of wages

38E. Digital Account Specialist

Digital Account Specialist

Minimum

11/21/13

962

07/31/16

991

39. Grandfathered Employees

Internet Producer, Incumbents named in Memorandum of Agreements No. 6 and No. 8

Start

2nd Yr.

3rd Yr.

4th Yr.

5th Yr.

6th Yr.

10/05/08

739

803

872

967

1062

1292

07/3116

761

827

898

996

1094

1331

39B. Advertising Account Executive

Advertising Account Executive

Start

2nd Yr.

3rd Yr.

11/22/09

776

799

823

07/31/16

799

823

848

Scale below only for Employees hired prior to 11/22/09

10/05/08

832

857

883

07/31/16

857

883

909

Also, see Memorandum of Agreement No. 8 for named incumbents paid at wage scale 39 rates.

39D. Advertising Account Manager

Advertising Account Manager

Start

11/22/09

1058

07/31/16

1090

See Memorandum of Agreement No. 8 for named incumbents paid at wage scale 39 rates.

39F Digital Sales Strategist

Digital Sales Strategist

Minimum

03/31/16

60,000

07/31/16

61,800

41. Special Sections Editor/Creative Services

Special Sections Editor

Start

2nd Yr.

3rd Yr.

4th Yr.

5th Yr.

6th Yr.

10/05/08

903

942

976

1010

1108

1306

07/31/16

930

970

1005

1040

1141

1345

46. Designer, Copywriter

*Designer, Advertising Page Designer, Copywriter, Rich Media/Digital Design Specialist, Reporter [advertising products]

Start

2nd Yr.

3rd Yr.

4th Yr.

5th Yr.

6th Yr.

10/05/08

813

874

940

979

1019

1062

07/31/16

837

900

968

1008

1050

1094

Employees in the listed positions prior to 10/07/07 see Memo No. 8 and pay scale 39.

47. Publication Producer

Publication Producer, Insert Operations Producer

Start

2nd Yr.

3rd Yr.

4th Yr.

5th Yr.

10/05/08

805

885

912

941

970

07/31/16

829

912

939

969

999

Employees in the position prior to 10/07/07 see Memo No. 6, pay scale 49 and Memo No. 8 pay scale 39.

48. Production Specialist

Production Specialist

Start

2nd Yr.

3rd Yr.

4th Yr.

10/05/08

967

1007

1038

1071

07/31/16

996

1037

1069

1103

49. Prepress Employee

Prepress employee

Start

10/05/08

1046

07/31/16

1077

*Minimum 40 hour Scale for employees previously covered by the ITU-CWA

50. Ad Trafficker/Product Analyst

Digital Ad Trafficker, Digital Product Analyst

Start

2nd Yr.

3rd Yr.

02/02/10

872

967

1062

07/31/16

898

996

1094

51. Jr. Producer/Developer

Jr. Technical Producer, Jr. Software Developer

Start

2nd Yr.

3rd Yr.

02/02/10

674

770

866

07/31/16

694

793

892

52. Producer/Developer

Technical Producer, Software Developer

Minimum Salary

02/02/10

50,000

07/31/16

51,500

53. Sr. Producer/Developer

Sr. Technical Producer, Sr. Software Developer

Minimum Salary

02/02/10

70,000

07/31/16

72,100

54. Technician Trainee

Technician Trainee

Start

2nd Yr.

10/05/08

878

987

07/31/16

904

1017

Rate is 80% and 90% of Technician scale

55.Technician

Technician

Start

10/05/08

1097

07/31/16

1130

57. Digital Search Account Executive

Digital Search Account Executive

Minimum Salary

Maximum Salary

06/18/11

45,000

65,000

07/31/16

46,350

66,950

58. Information Technology Specialists

Telecom Specialist, Macintosh Specialist, Sr. Software Engineer, Systems Editor, Network specialist, Network Services Manager*, Special Projects Manager*

Minimum Salary

10/05/08

59,896

07/31/16

61,693

*Named incumbents, see Memo 12

59. Media Transmittal Coordinator

Media Transmittal Coordinator

Start

05/15/12

520

07/31/16

536

*See MOA 13 for grandfathered employees.

Employees paid above the minimum for their experience rating and classification shall receive a general increase at least equal to the negotiated minimum wage increase appropriate to their experience rating and job classification.

2. Any employee who has a scheduled work day starting at 3 p.m. or later prior to a single day off and starts a work day at 8 a.m. or earlier following a single day off where his or her time off period is thirty-two (32) hours or less will receive a $4.00 bonus.

Article XXIV

General Wage Provisions

  1. In the application of the schedules of minimums in Article XXIII, Wages, experience shall include all employment in comparable work. Employees shall be classified as to the job title and experience rating at the time of employment, transfer or promotion except that experience rating for employees transferred within the same classification shall not be reduced.

  1. There shall be no reduction in salaries during the life of this agreement, except as provided in other sections of this agreement. However, merit pay for employees who move into a Guild-covered position from an exempt position may be reduced outside of negotiated contract increases.

  1. The minimum wage rates established herein are minimums only. Nothing herein shall be construed to alter or modify the right of employees to bargain for individual pay increases -on their own behalf, but the Employer agrees not to bargain with any individual employee for, or to enter into any agreement providing for, a salary less than the minimum set up in this Agreement or less than any salary established between the Employer and the Guild. Individual merit may be recognized by increases above the minimum.

  1. Pay for the previous two-week pay period shall be available to employees by direct deposit no later than Friday morning. The employer may change pay dates with thirty (30) days prior notice to employees and the union. The Employer and the Guild will work out details of a transition plan.

5. The job content of each job classification set forth in the Article XXIII, Wages, is contained in the job descriptions.

  1. No job content of classifications described in this Section 5 shall be altered, except by mutual agreement of the parties, on a new job description and applicable minimum salary. Should the Employer create a new job, it shall furnish the Union with the proposed job description and the parties shall negotiate a new minimum.

  2. The new minimum referred to in Section 5(a) shall be retroactive to the date the new job content is agreed upon.

  1. Any employee who works full time in a higher classification shall receive at least the minimum in the higher classification next higher than his or her regular salary while so working.

  1. Shift lead pay differential shall be established by the Employer, as follows:

  1. Lead pay differential may vary from department to department, but the differential amount shall be the same for all employees receiving lead pay in the same department.

  2. Lead pay differential is paid only when an employee directs the work of one or more other employees. The sole person on a shift is not considered a shift lead.

  3. Lead pay differential shall be included in the vacation pay and paid sick leave of full-time shift leads.

  4. Lead pay differential is paid to partial-shift and substitute shift leads only for the time they work in that capacity.

  5. Shift leads are members of a department’s workforce who have been designated to direct the work of others in addition to, or in the absence of, the department’s manager or regular supervisors. They perform their regular work assignments while serving in this role.

  6. Among the factors considered when selecting a full-time lead person are decision-making ability, interpersonal skills, job knowledge, job-related skills, judgment, leadership, seniority and work performance.

  7. The Employer may demote employees from lead status and employees may elect to step down from lead status. In either case, lead pay will no longer be paid.

  1. A commercial advertising sales representative in the Classified Department assigned to cover a second desk because of an absence shall be paid a desk relief differential of ten dollars ($10) for a full shift and five dollars ($5) for a half shift (four hours minimum). If more than one representative shares coverage of a second desk, no differential shall be required.

  1. Junior, Intermediate, and Senior Technical Producer and Web Software Developer Positions

    1. Transition from Junior to Intermediate Positions – It is expected that employees hired in Junior level positions will advance to the Intermediate level positions provided they obtain the skills required for Intermediate level positions. The Employer agrees to offer training opportunities to employees in Junior positions to enable those employees to obtain the skills needed to advance to an Intermediate position and also encourages employees to take steps on their own initiative to develop their skills. Failure to obtain the required skills will be just cause for progressive discipline, up to and including discharge.

    2. Transition from Intermediate to Senior level Positions – There is no automatic transition from Intermediate to Senior level positions. In order to advance to a senior level position, the employee must have demonstrated the skills and abilities required for a Senior-level position and must be required by management to perform the duties of a Senior-level position.

Article XXV

Expenses and Equipment

  1. The Employer shall pay all authorized legitimate expenses incurred by the employee in the service of the Employer.

  1. Employees making their personal automobiles available for use at the authorization of the Employer shall be reimbursed for all business miles at the IRS rate less 15 cents per mile.

(a) Each employee being reimbursed under Section 2 shall provide the minimum automobile liability, personal injury protection and uninsured/underinsured motorist coverage as required by the State of Colorado. The Employer shall receive in a timely manner proof of insurance coverage and shall be notified immediately by the employee if the employee becomes uninsured.

  1. Necessary working equipment shall be provided by the Employer who shall be the sole judge of need for the equipment.

  1. Electricians and machinists shall be compensated for the loss or damage to personal tools used on the job, provided the need for such tools and the adequacy of the tools are discussed with the maintenance manager before they are brought into the workplace and the loss was not a result of carelessness in their security or abuse.

  1. Effective the later of ratification or July 1, 2016, where free parking is not made available by the Company, employees who are required by the Company to make their personal automobile available for work shall pay half of the monthly parking rate charged to other employees at such location.

Article XXVI

Job Sharing

        1. With the mutual agreement of the Employer and the Union, any two employees may, upon request, share a full-time job, either temporarily or indefinitely, under the following conditions:

  1. The request to share a job is made in writing to the immediate supervisor of the employees making the request, who shall refer it to the Human Resources Department and executive in charge of the department involved for consideration. Job shares shall be approved unless there are legitimate operational reasons to do otherwise.

  2. For each job share, an agreement shall be executed which shall state the specific understandings regarding benefits, work assignments, schedules and other conditions as they apply to each participant in the job share. The job share agreement shall be in writing and must be approved by the Senior Vice President of Human Resources, the Union and each participant in the job share.

  3. Only one participant in a job share shall be eligible to receive health insurance, dental insurance and those other benefits associated with full-time employment that cannot be shared by the participants on a pro-rated basis determined by hours regularly worked. The participants in each job share eligible for non-shared benefits shall be designated in the job share agreement. For short-term or long-term disability or any life insurance (basic and supplemental), which includes AD&D, because these plans require full-time employment and certain number of hours worked each week in order to qualify, it is possible neither employee will be eligible for such coverage. Benefits, which shall be shared on a pro-rated basis, include sick leave, vacation, holidays and any other benefit that can be pro-rated. Eligibility for participation in the 401(k) Plan and the pension plans shall be governed by the requirements of the respective Plans.

  4. The combined job share schedule shall conform to the provisions of Article XIV, Hours of Work and Overtime, concerning the length of a workday and a work week . Both participants in the job share may be scheduled to work separate hours on the same day without requiring overtime for either normal shift, provided their combined schedule for the work day or week does not exceed the provisions of Article XIV, Hours of Work and Overtime, as previously referenced. Exceptions to this rule may be granted by the mutual agreement of the Employer and the Union to meet occasional extraordinary needs.

  5. A shared job shall be treated as one (1) full-time position, and job sharing shall not result in fragmenting full-time jobs into permanent part-time jobs or in the elimination of jobs.

  6. A job share agreement may be terminated by the Employer with four (4) weeks’ notice or by mutual agreement of the participants, provided the Employer is able to satisfy the employment preferences of both employees without creating additional positions in the department.

  7. If one participant in a job share terminates employment or transfers to another position in the department or elsewhere in the company, the other participant may: (1) seek a new partner, subject to the mutual agreement of the Employer; (2) fill the position on a full-time basis; (3) fill a part-time position if one is available; or (4) terminate employment.

  8. Current employees may request to share their job temporarily, understood to mean a period of one (1) year or less that is specified at the outset of the job share, to accommodate special circumstances. At the end of such period, the full-time job shall be returned to the employee who initially held the position. The job share agreement shall contain options for continued employment, if any, for the other employee.

  9. Temporary employees may be hired to share a job for up to one (1) year in accordance with the provisions of Article XXII, Part-time and Temporary Employees, Section 1, subsections 1, b and c.

  10. If one employee requests a job share, the Employer may hire a part-time employee to participate in the shared job.

Article XXVII

Miscellaneous

  1. Union Matters

(a) Bulletin Boards: The Employer agrees to provide bulletin boards suitably placed for the exclusive use of the Guild. Maintenance of locks shall be the responsibility of and at the expense of the Guild.

(b) Union Business: Except as provided in this agreement, members and/or administrative agents of the Guild shall not conduct union business with employees on Employer time where such business interferes with the timely completion of work.

(c) Union Contract and Pension Plan: The Employer shall provide each present employee within the bargaining unit and all employees hired within the unit after the signing of this contract with a copy of this contract and, upon request, a copy of the Summary Plan Description of the appropriate Pension Plan.

  1. No employee shall be assigned to any aircraft flight over his or her objection. For those employees who are assigned to aircraft flights, the Employer shall provide not less than $100,000 accidental death insurance protection.

  1. Personnel files: The Employer shall furnish to the employee and the Guild (unless the employee requests that a copy not go to the Guild) a copy of any criticism or commendation, when such document is retained by a department head or supervisor or the Human Resources Department. Supervisors shall be responsible for notifying the employee any time such statements or notes are placed in his or her file. The employee shall be allowed to place a reply to any such statement or documents in his or her file. An employee shall have the right to examine his or her file or files at reasonable times. Statements of department policies shall be in writing and posted on department bulletin boards.

  1. Production Technical Services Sub-Department :

(a) Production TSD Training: In the Production TSD sub- department, new employees may, at the option of the Employer, be placed on the day shift for ninety (90) days for the purpose of training. Such period may be extended by mutual agreement.

(b) The manager shall determine training needs of electricians on new and/or modified equipment and, when required, shall determine the means and method of providing such training, including changing the work schedule of the employee who is being trained to accommodate such training.

(c) Duties and Layoff: The Employer and the Union agree that Electrician IIIs and TSD Electricians may be assigned any electrical production and maintenance work the employee is trained and qualified to perform.

  1. Communication Committee: The Employer and the Union agree to the creation of committees for the purpose of communication or resolution of issues of mutual interest. The parties understand such committees will be advisory and consultative in character, and shall not be used for discussion of contract interpretation or alleged violations of the contract, nor as grievance committees. Each party shall appoint a reasonable number of members to the committee. Either party may request a meeting in writing, specifying the subject(s) desired to be discussed. Such committees shall be dissolved by mutual agreement upon the conclusion of discussions on each issue.

  1. The Employer and the Guild shall maintain a joint human rights committee consisting of four (4) members representing the Employer and four (4) members representing the Guild. Its purpose shall be to give guidance in establishing programs to recruit, train, hire and promote those who may have been or who are now being denied work opportunities in the newspaper industry. It will meet at reasonable times and places by mutual agreement, but not less frequently than quarterly, shall pick its own officers and organize itself.

Article XXVIII

Hazardous Conditions, Safety and Work Environment

  1. Hazardous Conditions: No employee shall be required to work at the unusual risk of injury, disease or death.

  1. An employee assigned to work shall be provided with all protection and protective devices the employer deems essential to the assignment.

  2. Employees assigned to work within areas of riot or civil commotion shall be covered with $100,000 accidental death and dismemberment insurance protection. Benefits shall be payable only in cases caused by riot or civil commotion.

  3. Employees assigned to work within areas of riot or civil commotion shall be reimbursed for loss or damage to personal property. It is understood there shall be no duplication of benefits under this clause.

  1. Safety and Work Environment:

  1. The Employer agrees to furnish at all times a healthful, sufficiently ventilated, properly heated, properly lighted, reasonably quiet, clean and uncrowded area that meets safety requirements established by law for the performance of all work. The employee shall assist in maintaining clean and healthful rooms in which to perform all duties.

  2. Three Guild representatives and three Employer representatives shall be appointed as a safety committee to meet monthly or on call of any two members to discuss safety matters or implementation of this section. The Employer shall review all recommendations of the safety committee.

Article XXIX

Drug and Alcohol Policy

  1. The unlawful manufacture, distribution, dispensation, sale, possession or use of a controlled substance during the Employer’s time, on Employer premises, in Employer vehicles or at other work sites where employees may be assigned is prohibited.

The following is a partial list of controlled substances: (1) narcotics (heroin, morphine, etc.); (2) cannabis (marijuana, hashish); (3) stimulants (cocaine, etc.); (4) hallucinogens (PCP, LSD, designer drugs, etc.).

  1. The possession, dispensation, distribution, sale or use of alcoholic beverages or marijuana during the Employer’s time, on Employer premises, in Employer vehicles or at other work sites where employees may be assigned also is prohibited. A first offense of use or possession for use is not just cause for discipline greater than a first-stage written disciplinary warning. Except for use, an employee determined to be in violation of Sections 1 or 2 is subject to disciplinary action, up to and including discharge.

  1. For the first offense of the use or being under the influence of illegal drugs, marijuana or alcoholic beverages on Employer premises, vehicles or work sites, the employee will be required to undergo an evaluation by the Employer’s Employee Assistance Program (EAP) and to complete in its entirety whatever course of action the EAP shall direct, which may include random testing by a Substance Abuse Professional (SAP), at the direction of the EAP for no longer than one year. The employee agrees to release information to the Employer and Union about compliance. Nothing in this paragraph prohibits the Employer from disciplining an employee for cause up to and including discharge.

  1. Employees undergoing prescribed medical treatment with a drug that may affect performance are urged to report this treatment to Employee Health Services. The use of these drugs as part of a prescribed treatment program is not a violation of this policy, but such use of a drug by an employee while performing Employer business or while in any Employer facility is prohibited if such use or influence may affect the safety of co-workers or members of the public, the employee’s job performance or the safe or efficient operation of the Employer. The employee may be required to use sick leave, take a leave of absence or comply with other appropriate action determined by a physician.

  1. Any employee who is convicted under a criminal drug statute for a violation of law occurring in the workplace or who pleads guilty or nolo contendere to such charges must notify the Employer within five (5) days of such conviction or plea. Failure to do so will result in disciplinary action, including discharge. Employees convicted or who plead guilty or nolo contendere to such drug-related violations are subject to disciplinary action up to and including discharge and/or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment.

  1. The Employer will make available information about community resources or assessment and treatment. In addition, the Employer will provide supervisors training to assist in identifying and addressing controlled substance use by employees.

  1. Under its benefits program, the Employer will provide confidential counseling and health care programs for employees and their families who seek treatment of problems related to drugs or alcohol, Employees receiving help from the EAP or other recognized professional treatment sources may do so without jeopardizing their employment. Participation in treatment programs will not restrict enforcement of this policy or any employee’s obligation to comply with it. Employees who use the EAP of their own volition may do so with complete confidentiality. Information on contacting the EAP is available from the Human Resources Department, Employee Health Services or the Union.

  1. To ensure the safety of the work place and the work force, the Employer will take the following steps:

  1. Whenever there is probable cause to believe that use of illegal drugs is adversely affecting fitness for duty, the Employer will require an employee to submit to a test for determining use of illegal drugs.

  1. Whenever there is probable cause to believe that use of alcohol or marijuana is adversely affecting fitness for duty, the Employer may require an employee to submit to a test for determining the use of alcohol or marijuana.

  2. “Probable cause” shall include the facts and circumstances of any incident or observation, including, but not limited to, behavioral indicators of possible alcohol or drug use affecting fitness for duty and may also include employee involvement in an accident, if the accident results in the following:

  1. A fatality;

  2. A bodily injury to a person, who as a result of the injury immediately receives medical treatment away from the scene of the accident; or

  3. Property damage that results in significant financial loss to the Employer.

In such situations, the Employer will require the employee to immediately submit to drug and/or alcohol testing and to agree to grant permission to any medical treatment provider and any hospital or other medical treatment facility to perform such testing if the employee receives immediate medical treatment away from the scene of the accident.

  1. No employee may be requested to submit to such testing without the prior authorization of one vice president of the Employer based on the information provided by the supervisor or manager. Authorization will not be given without probable cause.

  2. Refusal to submit to a test will be handled in the same manner as a positive test.

  3. Employees required to be tested for use of drugs and/or alcohol will be dismissed for the remainder of the shift. If the test proves to be negative, the employee shall be compensated by a full day’s or night’s pay.

  4. The first-time positive results of testing indicating use of a controlled substance or alcohol shall be used to encourage appropriate rehabilitative measures. The Employer will require the employee to consult with the Employee Assistance Program (EAP). Disciplinary steps may be taken or discharge may result from further positive testing. Nothing herein prevents the Employer from disciplining employees for just cause.

  5. Reasonable accommodation for rehabilitation and return to work will be made unless the employee would be in imminent danger of injury.

  6. Employees may use available vacation or floating holidays while awaiting release to work from the EAP.

Article XXX

No Strike

  1. The Union and employees agrees they will not authorize, ratify or condone any work stoppage, including strikes, sympathy strikes, wildcat strikes or sit-downs during the term of this Agreement. In the event of any work stoppage described herein, the Union will immediately use its authority and best efforts to cause prompt resumption of work. The Employer agrees not to lock out the Union and employees during the term of this Agreement.

  1. No employee to whom this contract is applicable shall be required to take over the duties of any employee in another department of the Employer or any other newspaper in the event of a labor dispute in such other department or newspaper

Article XXXI

Management Rights

Subject to the terms of this Agreement, the Employer is vested with the management of the business, the operation of departments covered by the collective bargaining agreement and the authority to execute all the various duties, functions and responsibilities incident thereto. The

Employer reserves and retains solely and exclusively all of its normal, inherent and common-law rights to manage the business.

Article XXXII

Duration and Renewal

  1. This agreement shall commence on July 31, 2016, and expire on July 31, 2019.
  1. This Agreement shall be binding upon the parties hereto, their successors, administrators, lessees and assigns. In the event the Employer sells, transfers, leases or assigns the business, a function of the business or any part of its operation, the Employer agrees that it shall give written notice of this Agreement and of all the clauses contained herein to any prospective purchaser, transferee, lessee or assignee. The Employer agrees that all obligations of this Agreement shall become a condition of any sale, transfer, lease or assignment. A copy of such written notice shall be furnished to the Union not less than ten (10) days prior to the effective date of sale, transfer, lease or assignment.
  1. At any time within nine (9) months immediately prior to the expiration date of this agreement, the Employer or Union may initiate negotiations for a new agreement.
  1. The Employer will comply with the Federal WARN Act, if applicable, regarding any notice of closure of operations.
[Signature page follows.]

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

MEMORANDUM OF AGREEMENT NO. 2

Concerning Single Copy Sales

The Employer has adopted an independent contractor system for Single Copy Sales. Therefore, the parties agree this is the sole exception to the Preamble and Jurisdiction sections of this contract.

Effective on January 21, 2001, work performed by employees delivering single copy editions of The Post was shifted to independent contractors under the following conditions.

Single Copy Sales employee positions will remain under the jurisdiction of the Guild.

Upon implementation of the Employer on January 21, 2001, Single Copy Sales Representatives previously at The Post and Street Circulators previously at the News were offered a buyout.

Full-time Single Copy Sales Representatives formerly employed at The Post:

  1. Will not be laid off for the duration of this contract

  2. May not at any time be laid off for the purpose of subcontracting work

  3. May be transferred to other positions within the Employer that they are able to perform

  4. Will, in the case of transfer, remain in their Single Copy Sales wage classification or move to the wage classification of their new position, whichever is greater

  5. Will be offered a buyout again to each individual prior to any transfer

Current Single Copy Sales Street Circulators formerly employed at the News may remain in their current positions as long as they are employed at the Employer.

Part-time Single Copy Sales Spotter and Assistant Single Copy Sales Representative positions will first be reduced through attrition.

Part time single copy sales employees:

  1. May transfer to open jobs for which they are qualified

  2. Will be given first consideration by seniority for open single copy sales distributorships

  3. If laid off, shall be paid a minimum of one week of salary for each year of continuous service as severance. Severance shall be based on the average number of hours per week the employee has worked in the previous 26 weeks.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Laurie Faliano Carol Green

Kathy Rudolph Missy Miller

Tracy Simmons Kathy Maaliki

Tony Mulligan Judi Patterson

Bill Reynolds

Rich Bradley

Stan Yoshida

Date signed: April 4, 2008

MEMORANDUM OF AGREEMENT NO. 3

Concerning Single Copy Sales Representatives

The following full-time Single Copy Sales Representatives shall receive the wage of $1,087 per week beginning on the Sunday following ratification of this agreement. Effective September 10, 2014, those employees shall receive the wage of $950 per week (pay classification 29A). :

Case, Douglas D. Sinclair, Robert M.

ACCEPTED AND AGREED AS AMENDED

FOR THE UNION: FOR THE EMPLOYER:

Michelle Miller Missy Miller

Paulette Shrefler Bill Reynolds

Samuel Johnson Rich Bradley

Laurie Faliano Bernie Gitt

Kathy Rudolph Tom McCarthy

Maureen Shively Larry Charest

Tony Mulligan

Date signed: October 16, 2012

MEMORANDUM OF AGREEMENT NO. 6

Creating New Pre-Publishing Department

1. Pre-Publishing Department: This agreement shall govern the terms and conditions of the agreement of the Denver Newspaper Guild (“Guild”), the Denver Typographical Union Local 49 (“Typographical Union”) and the Employer to transfer certain job functions from the Prepress Shared Work Department (“Prepress Department”), formerly represented by the Typographical Union, into the Pre-Publishing Department, which shall become represented by the Guild effective with the implementation of the Guild and Typographical Union collective bargaining agreements on October 7, 2007. The parties agree that the Denver Typographical Union has withdrawn from the former Prepress Shared-Work Department and that most of its functions have been assigned to a new Pre-Publishing Department, represented by the Guild.

(a) Job titles assigned to the Pre-Publishing Department (as of October 7, 2007) shall be:

(1) Designer

(2) Copywriter

(3) Advertising Sales Assistant

(4) Senior Sales Clerk

(5) Publication Producer

(6) Dispatch Clerk

(7) Lead Clerk

(8) Advertising Receptionist

(9) Production Specialist

The same or similar job titles as those named in the list in 1-9 above in the Creative Services Department in the Marketing Division and in other departments that are not included in the Pre-Publishing Department shall be excluded from this Agreement.

(b) Transferred employees will work under all terms and conditions of the Guild contract, unless different terms are specified in this agreement. They will be paid wage rates bargained by the Guild, and no incumbents will have a reduction in their base hourly rate as a result of this Agreement being put into effect.

2. Definitions:

(a) “Attrition A List” employees are those named in Attachment A to this Memorandum of Agreement. The terms and conditions of their employment security are described in Attachment A.

  1. “B List” employees are those named in Appendix B of the former Typographical Union contract. They are not named on the Attrition A List and were hired or transferred into the Typographical Union on or before March 31, 1994. B List employees are named in Attachment B to this Memorandum of Agreement.

  2. “C List” employees are those referred to in Article XXIX, Shared-Work Employment Security, Section 2, Paragraph H, of the former Typographical Union contract (they have been previously known as “Section 2.H List” employees). They were not listed in either the Appendix A or B Lists of the former Typographical collective bargaining agreement but were hired on or before March 31, 1994. These employees are named in Attachment C to this Memorandum of Agreement.

3. Job Guarantees for Attrition A List employees:

(a) The Employer will honor existing job guarantees as specified in the Typographical Union contract for Attrition A List employees (Post and News). All provisions in the Typographical contract relating to Attrition A List employees, including their job security, retirement and retirement benefits, are hereby transferred into the Guild contract. All parties to this Agreement agree that these provisions will continue through succeeding contracts, until the last employee on the Attrition A List leaves employment, and will not be changed.

(b) The Attrition A List job guarantees that will be honored under this Agreement are included in Attachment A, where they were transferred from the former collective bargaining agreement between the Employer and the Denver Typographical Union.

(c) The medical benefits provided in predecessor agreements for Attrition A List retirees (Post and News) and described in Attachment A to this Memorandum will continue to be honored by the Employer.

4. Rights of Attachment B and C Employees: In recognition of the inclusion of the former Prepress Shared-Work Agreement in the predecessor collective bargaining agreement effective January 21, 2001, the Employer agrees that each of the former members of the Typographical Union who are named in Attachments B and C to this Memorandum will be offered continued full-time employment by the Employer until he or she (1) dies, (2) resigns, (3) retires, (4) becomes totally and permanently disabled, (5) is discharged for cause, or (6) is laid off with the severance pay amount provided in Section 11.A. below.

(a) This Section 4 shall continue in force through succeeding collective bargaining agreements for the employees named in Attachments B and C to this Memorandum unless changed by mutual agreement between the Employer and the Union.

5. Typographical Union benefits entitlements:

(a) Employees transferred from the Prepress Department into the Pre-Publishing Department shall continue to accrue, without interruption, the companywide seniority and department seniority (priority) previously established.

(b) Pension: Those Prepress Department employees transferred into the Pre-Publishing Department will continue to be participants in the DNA-Typographical Union Employees Pension Plan, according to the terms of the Plan, which will be amended to enable the continuation of their active participation. Pension contributions on their behalf at the current rate will continue up to December 31, 2012, at which point they will cease to accrue future service credits in the DNA-Typographical Union Employees Pension Plan. (In the event the DNA-Typographical Union Employees Pension Plan is merged into the Negotiated Pension Plan (NPP) before December 31, 2012, these contributions on their behalf shall cease earlier than December 31, 2012, at the time other means are adopted by the parties to ensure that future service credits for them will be provided for under the NPP or Guild International Pension Plan without interruption, in accordance with the provisions of the appropriate International pension plan and by mutual agreement of the Employer and the Union).

(1) These transferred employees will not participate in the DNA-Denver Newspaper Guild Pension Plan.

(2) Contributions will be made by the Employer on their behalf after October 7, 2007, into the Guild International Pension Plan in the same amounts as for other Guild-covered employees.

6. Involuntary Layoff Procedures after Completion of the Pre-Publishing Department: In the event of involuntary staff reductions, after staff reductions because of the creation of the Pre-Publishing Department and after employees have been assigned in the Department, the procedures in the Guild contract in Article VII, Employee Security, Section 4 shall apply, resulting in the least senior employee being laid off.

(a) For any layoffs occurring after implementation of the collective bargaining agreement on October 7, 2007, the seniority lists including former Typographical Union and Guild-covered employees in the affected job titles will be dovetailed into one seniority list, ranked by department seniority (priority).

(b) For two groups formerly represented by the Typographical Union, (1) B List employees and (2) C List employees, the following procedures shall apply:

(1) If an employee on the B List or C List is the most junior employee in a Pre-Publishing job title in which layoffs are occurring, before that employee is laid off, he/she may, if qualified on a regular and continuing basis, elect to move into another Pre-Publishing job for which he or she is qualified (as determined by the Employer) and displace an employee with less companywide seniority.

(2) Alternatively, instead of laying off the employee, the Employer may assign that employee to perform work in another job title or area of the company inside or outside of Pre-Publishing for which the employee is qualified (as determined by the Employer) on a regular and continuing basis. If the employee refuses the transfer at the time it is offered, the employee may resign with severance pay as applicable in Section 7 below.

(3) If an employee is transferred to another position that has a lower wage scale than the employee is paid, the employee’s current wage will be frozen until the lower wage is greater, at which time, the employee will receive future wage increases.

(4) If there is no other work for which the employee is qualified, or if there is no available vacancy in a position for which he or she is qualified, the Employer may lay off the employee.

(5) Severance pay for any B List or C List employee so laid off is provided in Section 7 below. (6) Severance pay for any employees transferred from the Prepress Shared-Work Department who are not named in Attachment A, B or C List is provided in Section 7 below.

7. Severance Pay upon Involuntary Layoff after Completion of the Pre-Publishing Department:

(a) Severance pay for any B List or C List employees laid off shall be 44 weeks’ pay, less taxes, at the base pay scale the employee was paid under the Typographical Union contract as of October 6, 2007. This amount of severance shall be paid without regard to the employee’s tenure at the company.

(b) Severance pay for any employees who not named in Attachment A, B or C who are laid off shall be one week’s pay for each six (6) months of continuous full-time service, or major fraction thereof, up to a maximum of 26 weeks’ pay, less taxes. Such pay shall be at the highest base rate in effect in the previous year.

(c) The procedures described in Section 10 above and severance pay described in this Section 7 shall remain in effect for any involuntary layoffs during the term of this Agreement.

8. Voluntary Workforce Reduction Incentive Benefits: From time to time, the Employer may offer Voluntary Workforce Reduction Incentive Benefits programs. These programs shall be available to employees listed on Attachment A, and/or Attachment B and/or Attachment C and/or to employees not on the Attachment A, B or C Lists who may wish to voluntarily accept permanent separation during a reduction in staff.

(a) Employees listed in Attachment A under the age of 62 when they terminate employment under this program shall relinquish all rights and benefits to which they are otherwise entitled under Attrition Articles XX or XXI of the former Typographical Union collective bargaining agreement (adopted herein and included in Attachment A). Employees on the Attachment A Attrition List who are age 62 or older when they terminate employment under this program shall retain all rights and benefits to which they are entitled under Attrition Articles XX or XXI of the former Typographical Union contract (included in Attachment A).

(b) The Voluntary Workforce Reduction Incentive Benefits for employees on the Attachment A Attrition List who terminate employment before reaching age 62, and for all Attachments B and C employees shall include an amount of consideration determined at the Employer’s discretion, but no less than the following:

(1) Twenty-one thousand dollars ($21,000) in cash, less applicable taxes, payable either (1) in one lump sum upon separation, or (2) in twenty-four (24) equal payments on the first of each month beginning with the first month following separation.

And the employee’s choice of (2) or (3), below:

(2) Continued health care coverage for up to eighteen (18) months (a choice of any medical plan offered by the Employer, as available under terms of the collective bargaining agreement at the time of separation) with the same employer contribution toward monthly premiums as provided for those members of the bargaining unit still employed by the Employer at that time,

(3) The cash equivalent of the Employer contributions for that period, in lieu of insurance coverage, payable in one lump sum, less applicable taxes.

(c) The Voluntary Workforce Reduction Incentive Benefit for employees on the Attachment A Attrition List who terminate employment in response to an announced reduction in force as referenced in Section 10, upon reaching age 62 or older shall be an amount of consideration determined at the Employer’s discretion, but no less than the following:

(1) Twenty-seven thousand five hundred dollars ($27,500) in cash, less applicable taxes, payable in one lump sum upon separation.

(d) Employees on Attrition A List who wish to terminate employment at their discretion when no reduction in force is in effect, shall receive fifteen thousand dollars ($15,000) in cash, less applicable taxes, payable in one lump sum upon separation.

(e) It is understood and agreed that this in no way shall be construed as changing Article XX or XXI of the collective bargaining agreement of the Typographical Union, adopted in Attachment A to this Memorandum of Agreement.

9. Notwithstanding anything in the collective bargaining agreement or any letter of understanding or other agreements between the Employer and the Union, including without limitation this Memorandum of Agreement No. 6 to the contrary, no employee permanently separated under this Memorandum shall have any further right to employment or re-employment with the Employer, nor have any further right to or be entitled to or be eligible for any compensation, benefits, or other remuneration under the collective bargaining agreement or this Memorandum except those benefits to which such employee may be entitled under this Memorandum and under the pension plans at the time of termination. Each employee to be permanently separated must sign the requisite waivers and releases in order to be entitled to the payments and benefits described above.

(a) Employees specified in this Section 13 are as follows:

(1) Employees on the Appendix A Attrition List of The Post, and

(2) Employees on the Appendix A Attrition List of the News, and

(3) Employees on the Denver Newspaper Agency Appendix B List, and

(4) Any employees described in Attachment C.

10. In the event of the death of an employee who has accepted permanent separation, any unpaid monies that would have been paid to the employee under Sections 11 and 12 of this Memorandum shall be paid over to his/her designated beneficiary or, if none, to his/her estate.

11. Wages: Wages for employees transferred from the Typographical Union into the Guild under this Agreement are provided for the respective job titles into which they are transferred in Article XXIII, Wages.

(a) The wages and hours of employees who transferred from the Typographical Union into the Guild will be adjusted to the new 40-hour work week effective October 7, 2007. Pay scales relating to their assignment to positions in the Pre-Publishing Department will become effective upon the completion of the Transition Period.

(b) The Employer and the Union agree that, during the term of this Agreement, the pay scale for the positions of Senior Sales Clerk and Sales Assistant will be evaluated, depending on the evolving scope of responsibility of these positions in the Pre-Publishing Department.

12. The terms and conditions of Attrition A List job guarantees, as well as the names of employees holding these guarantees, including both former Denver Post and Rocky Mountain News employees on those lists, as adopted by the Denver Newspaper Agency, are in Attachment A to this Memorandum of Agreement.

13. The names of employees holding former Appendix B job guarantees are in listed in Attachment B to this Memorandum of Agreement.

14. The names of employees holding former Section 2.H job guarantees are listed in Attachment C to this Memorandum of Agreement.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Laurie Faliano Carol Green

Kathy Rudolph Missy Miller

Donald R. Waller Kathy Maaliki

Mark Merritt Jr. Judi Patterson

John R. O’Neill Bob Kinney

Tracy Simmons Jodi Romero

Date signed: April 4, 2008

ACCEPTED AND AGREED AS AMENDED

FOR THE UNION: FOR THE EMPLOYER:

Michelle Miller Missy Miller

Paulette Shrefler Bill Reynolds

Samuel Johnson Rich Bradley

Laurie Faliano Bernie Gitt

Kathy Rudolph Tom McCarthy

Maureen Shively Larry Charest

Tony Mulligan

Date signed: October 16, 2012

ATTACHMENT A

TO MEMORANDUM OF AGREEMENT NO. 6

Typographical Union Attrition List Provisions

And

Names of Employees on the Attrition A List

And

Medical Benefits for Attrition A, B and C Lists

This Attachment A contains provisions concerning the Attrition A List job guarantees and medical benefits for early retirees that were adopted from the collective bargaining agreement between the Denver Newspaper Agency (“Employer”) and Denver Typographical Union Local 49 (“Typographical Union”) effective January 21, 2001. In consideration for transfer of certain employees formerly covered by the Typographical Union, these provisions are adopted in the collective bargaining agreement between the Employer and the Denver Newspaper Guild that becomes effective October 10, 2007. These provisions will continue through successive collective bargaining agreements.

From The Typographical Union Collective Bargaining Agreement:

ARTICLE XX

ATTRITION FOR THOSE EMPLOYEES COVERED BY

THE APPENDIX (A) ATTRITION LIST AT THE DENVER POST

In order to provide security to the employees of The Denver Post transferring to the Newspaper Agency Denver and to provide a reasonable transition from present composition systems to future composition systems, the parties make the following agreements:

It is agreed that apprentices employed on or before August 5, 1972, and journeymen with a priority date on or before August 5, 1972 (see Appendix A) shall not lose their situations unless forced to vacate same through retirement, resignation, death or discharge for cause. It is agreed, therefore, that in exchange for this attrition agreement, the Employer may use such equipment and processes in a manner which, in the Employer’s judgment, best suits the Employer’s operation.

When Retail Display Advertising copy is inputted via VDT or CRT by employees not covered by this agreement, all required markup of such work shall be performed by employees covered by this agreement. It is further agreed by the parties that employees shall maintain sufficient keyboarding skills to perform the required work in the composing room, keyboarding skills to be defined as the operation of any device having a keyboard.

However, in case a strike, lockout or “act of God” results in a period of temporary suspension of the Employer’s composing room operation, this agreement will be suspended for such period of temporary suspension of the operation only.

In the event of a severe economic downturn, the parties to this agreement will meet for purposes of determining what appropriate action shall be taken as it relates to this agreement.

After January 1, 1983, during the term of this contract, the Employer may, at its sole discretion, announce programs designed to stimulate offers to terminate by those on the Appendix A list (hereinafter “Guaranteed Employees”). The Employer will have the right to set the terms and conditions, the duration of the program and the number of termination offers by Guaranteed Employees it will accept. Provided, offers to terminate are completely voluntary on the part of the Guaranteed Employee, and the Employer’s acceptance shall be in priority order in the event the offers exceed the desired number of terminations. It is understood and mutually agreed that full disclosure of the facts concerning such offers and the results shall be given the Union by the Employer. It is further agreed that such offers shall contain not less than the terms offered during November and December 1981, but the Supplemental Retirement Plan will be offered first.

This agreement shall continue in force through succeeding agreements for the named employees unless changed by mutual agreement between the parties.

SUPPLEMENTAL RETIREMENT BENEFITS

1. Eligibility. A Supplemental Retirement Benefit shall be provided to active employees who are represented by the Union as employees of The Denver Post on April 1, 1973, of whom the remaining active employees on the date of implementation of the Agency subsequently will be transferred to The Denver Newspaper Agency. These employees are identified in Appendix A (Denver Post) of the collective bargaining agreement. To be eligible for this Supplemental Retirement Benefit, an employee must retire between the ages of 62 and 65. It is understood that this period shall not exceed thirty-six (36) months, beginning at age 62, and that all payments shall be in the amount of $1,035 per month.

2. Pension Plan Amendment. The Denver Typographical Union No. 49 Newspaper Pension Plan has been amended to provide that the Supplemental Retirement Benefit shall be paid through the Pension Plan in the amount of $1,035 per month and shall be funded by contributions paid by the Employer.

3. Funding. The Employer shall at its sole discretion elect the appropriate funding method. The Employer shall pay on October 1 of each year the amount determined by the Plan actuary to fund Plan benefits under the Agreement, for a duration not to exceed fifteen (15) years from October 1, 1995.

4. Survivor Benefits. Survivor benefits for the Supplemental Retirement Benefit shall be determined by the terms of the collective bargaining agreement and the Pension Plan.

5. Fees. The cost of legal and actuarial fees attributable to implementation of this Agreement and amendment of the Pension Plan shall be paid by the Plan.

6. Separability. If any portion of this Agreement shall be construed or found to be contrary to any state or federal statute, the parties agree to meet to resolve that portion, and the remainder shall continue in force.

HOSPITALIZATION AND LIFE INSURANCE BENEFITS

Any employee covered by the attrition agreement retiring on or after their 62nd birthday, but prior to his or her 65th birthday, will be granted the following considerations: full group life insurance coverage as provided for other employees in this agreement, until the first of the month following the employee’s 65th birthday. The Employer also agrees to provide the same hospitalization coverage for such retirees as provided elsewhere in this agreement for those employees still working at the trade. Early retirees under the above provision shall, upon reaching age 65, be granted the same hospitalization coverage as provided present employees 65 years of age and over working at the trade, under terms of this agreement, for the life of the retiree.

In addition to the above, present employees 65 years of age and over on the attrition list, upon retirement, will receive the same hospitalization coverage provided such employees still working at the trade, under terms of this agreement, for the life of the retirees.

Employees are entitled to the Supplemental Pension Payments as provided for in the Memorandum of Agreement signed by the parties October 2, 1995, and the amendment to the Denver Typographical Union No. 49 Newspaper Pension Plan signed November 15, 1995.

If a retiree reestablishes his or her priority in the plant of an employer signatory to this agreement after retiring and receiving benefits under this section, he or she will forfeit all of the above supplemental benefits.

ARTICLE XXI

ATTRITION FOR THOSE EMPLOYEES COVERED BY THE

APPENDIX (A) ATTRITION LIST AT THE DENVER ROCKY MOUNTAIN NEWS

In order to provide security to the employees of the Denver Rocky Mountain News transferring to the Denver Newspaper Agency on the date of implementation of the Agency, and to provide a reasonable transition from present composition systems to future composition systems, the parties make the following agreements:

It is agreed that Apprentices employed on or before August 5, 1972 and Journeymen with a priority date on or before August 5, 1972 (see Appendix A) shall not lose their situations unless forced to vacate same through retirement, resignation, death or discharge for cause. It is agreed, therefore, that in exchange for this Attrition Agreement, the Employer may use such equipment and processes in a manner which, in the Employer’s judgment, best suits the Employer’s operation.

When Retail Display Advertising copy is inputted via VDT or CRT by employees not covered by this agreement, all required markup of such work shall be performed by employees covered by this agreement. It is further agreed by the parties that employees shall maintain sufficient keyboarding skills to perform the required work in the composing room, keyboarding skills to be defined as the operation of any device having a keyboard.

However, in case a strike, lockout or “act of God” results in a period of temporary suspension of the Employer’s composing room operation, this Agreement will be suspended for such period of temporary suspension of the operation only.

In the event of a severe economic downturn, the parties to this Agreement will meet for purposes of determining what appropriate action shall be taken as it relates to this Agreement.

This Agreement shall continue in force through succeeding agreements for the named employees unless hanged by mutual agreement between the parties.

SUPPLEMENTAL RETIREMENT BENEFITS

1. Eligibility. A Supplemental Retirement Benefit shall be provided to active employees who are represented by the Union as employees of the Denver Rocky Mountain News on April 1, 1973, of whom those remaining active employees on the date of implementation of the Agency subsequently will be transferred to The Denver Newspaper Agency. These employees are identified in Appendix A (Denver Rocky Mountain News) of the collective bargaining agreement. To be eligible for this Supplemental Retirement Benefit, an employee must retire between the ages of 62 and 65. It is understood that this period shall not exceed thirty-six (36) months, beginning at age 62, and that all payments shall be in the amount of $1,035 per month.

2. Pension Plan Amendment. The Denver Typographical Union No. 49 Newspaper Pension Plan shall be amended to provide that the Supplemental Retirement Benefit shall be paid through the Pension Plan in the amount of $1,035 per month and shall be funded by contributions paid by the Employer. The amount of this Supplemental Retirement Benefit shall become effective for future retirees the first month following the date of implementation of the Agency as defined in Article IV, Duration.

3. Funding. The Employer shall at its sole discretion elect the appropriate funding method. The Employer shall pay on October 1 of each year the amount determined by the Plan actuary to fund Plan benefits under the Agreement, for a duration not to exceed fifteen (15) years from October 1, 1995.

4. Survivor Benefits. Survivor benefits for the Supplemental Retirement Benefit shall be determined by the terms of the collective bargaining agreement and the Pension Plan.

5. Fees. The cost of legal and actuarial fees attributable to implementation of this Agreement and amendment of the Pension Plan shall be paid by the Plan.

6. Separability. If any portion of this Agreement shall be construed or found to be contrary to any state or federal statute, the parties agree to meet to resolve that portion, and the remainder shall continue in force.

Hospitalization and Life Insurance Benefits

Any employee covered by the Attrition Agreement retiring on or after their 62nd birthday, but prior to his or her 65th birthday, will be granted the following considerations: Full group life insurance coverage as provided for other employees in this Agreement, until the first of the month following the employee’s 65th birthday. The Employer also agrees to provide the same hospitalization coverage for such retirees as provided for elsewhere in this Agreement for those employees still working at the trade. Early retirees under the above provision shall, upon reaching age 65, be granted the same hospitalization coverage as provided present employees 65 years of age and over working at the trade, under terms of this Agreement, for the life of the retiree.

In addition to the above, present employees 65 years of age and over on the attrition list, upon retirement, will receive the same hospitalization coverage provided such employees still working at the trade, under terms of this Agreement, for the life of the retirees.

MEDICAL BENEFITS FOR RETIREES

WITH ATTRITION A and B LIST GUARANTEED JOBS

From The Typographical Union Collective Bargaining Agreement:

1. Current retirees on either (Post or News) Appendix A Attrition List may receive medical coverage by Kaiser, or other group senior health plans provided by the Employer.

  1. Future retirees who are on either (Post or News) Appendix A Attrition List shall have the same health insurance plan options as those provided for active employees on either Appendix A Attrition List.

  1. For supplemental medical insurance (HMO and “Medigap”) plus Part B Medicare for retirees on either (Post or News) Appendix A Attrition List, after the retiree reaches 65 years of age, the Employer shall pay for the retiree and spouse 100% of Employer’s group premium for single or two-party coverage, as applicable, for senior HMO group or Medigap coverage and also will reimburse the retiree for the employee’s Medicare Part B coverage cost as long as the total amount paid by the Employer does not exceed the dollar amount that would be equivalent to 80% of the premium for active employees for single or two-party coverage, as applicable. Upon implementation of the Denver Newspaper Agency on January 21, 2001, employees on either (Post or News) Appendix A Attrition List who retired before implementation of the Agency shall be paid retiree single or two-party coverage premiums as provided above.

2. Individuals who are not on either Appendix A Attrition List who were hired on or before March 31, 1994, who retire after January 21, 2001, under the Denver Typographical Union Pension Plan who are 62 years of age or older, who are enrolled in a employer group health plan at the time of their retirement, shall be entitled to continued health insurance coverage under the Employer’s group plan with an Employer’s contribution to premium of 50% of the cost for a single active employee, until the employee reaches full retirement age as defined by Medicare rules, at which time the Employer will contribute 50% of the cost of a single retiree on one of the Employer’s group senior plans. In the event of the death of a retiree described in this paragraph, the spouse may continue group coverage at the Employer’s group rate.

  1. If eligible for Medicare at the time of their retirement, or upon reaching Medicare eligibility after they retire, they may enroll in an individual Kaiser Permanente Medicare Supplemental Plan under terms of Kaiser’s Medicare Supplemental coverage, regardless of which employer group plan they were enrolled in prior to reaching Medicare eligibility.

3. Employees not on Attrition List A or B who were hired after March 31, 1994, who retire after January 22, 2001 under the Denver Typographical Union Pension Plan who are 62 years of age but no more than 65 years of age and who are enrolled in a employer group health plan at the time of their retirement, shall be entitled to continued health insurance coverage under the Employer’s group plan at employee expense until they reach age 65, provided the health plan in which they are enrolled allows such early retirement coverage.

4. Upon the death of any retiree covered by either (Post or News) Appendix A Attrition List, the surviving spouse will have the option of continuing health insurance coverage for life under the employer group plan or a group senior plan, subject to the same premium requirements as if the surviving spouse were an active employee and subject to the limits of the plan at that time.

  1. Surviving spouses of retirees not on either the News or Post Appendix A Attrition List, at their own expense and at the Employer’s group rate, may continue health insurance coverage.

The remainder of this page is intentionally left blank

ROCKY MOUNTAIN NEWS

APPENDIX A ATTRITION LIST

Rogers Wolfe Barber Crain Gorman

Lynn Simpson McCarthy Dillon Steadman

Munsey Freeman Cordingly Thompson Mow, R.

Bonner, K. Lingg Geldaker Stitt Wiley

Casady Milner Bale Woods, K. Tinsley

Baker, Ray Shaw, M. Dummer Willson Miller, C.

Counterman Boyd Snapp Wiliams Ford

Plummer Oberwitte Mero Stevens, Jr. Bates

Wortham Ladenforf, V. Wambolt Brookes, F. Lemieux

Steele Choules Charles Town Ward

Livingston Moers Walsh Callan Robinson, C.

Elstad, L. Bundy Quickle Howe Fink

Belmonte Oberle Wilhelm Shepherd Beach, Paul

Petrie Woodworth Siefers, Ed Schlosser Craig

Cadigan Dyer Locke Dobbelaire Mow, C.

Sweitzer See, D. Pratt Mog Schueler

Vidmar Keeley Price Maslanka Harrell, G.

Grose Hobbs Weir Landberg Corkins

Utter, H. Ellian Cawthorne Herber Derani

Holland Shaw, L.V. DeMotte Robison Smith, P.

Ferry Bradford Abraham Knodel, M. Davis, J.

Key Dusek Taylor Pierce Magerer

Briggs Bennett Hancock Barnett, T. Finley

Dunlap Willey Hansen Barnett, E. Harrell, M.

Adams Day Noah Mardis Williams, M.

Woods McMahan Reed Larimore Mosbrucker-Kulish, C.

Emery Currie Ludlow Siefers, R.

Alirez Allison Walden Sinness, Don

Phillips Chavez Gaber Stevens, L. Sr.

Lundy Hudson Michels Lizenbery APPRENTICES

Ladendorf, C. Mooney Davis, D. Hershberger Webster, E.

Fox Elstad, O. Beckman-Beach,Judy Holsten Kemble, M.

Ellenberger Austin, B. Rossi Hoagland Martin, B.

Cryan Mogensen Thompson, C. Austin, H. Lee, K.

Doubleday Sihrer Brooke Morrow, H. Aquino, J.

Sawyers Ryason Christopher Preston, E.

Albeck Smith, C. Lee, Bob Nail

Archuleta Grisham Barth, J. Knodel, B.

Jordan Etter Price, W. Smith, J.

Peck Woodward Asher Callahan

* Employees who had not resigned, retired, died or been terminated as of September 1, 2012.

DENVER POST CORPORATION

APPENDIX A ATTRITION LIST

Murphy, Frank F. Brown, W.D. Parker, Earle Chadwick, Ed Smaldone, R.

Chandler, J.W. Strader, E.L. Deeming, James Waller, Don McCall, D.

Schiedeman, W. Benes, John Despres, Francis Bulling, Don Winfield, D.

Balling, J.R. Pratt, Clarence Gutierrez, Edward Coleman,Maurice Killingsworth, B.

Higgins, H.O. Mitchell, Frank Spencer, Mansel Gentzler, Gary Brock, R.

Hanson, Frank Henry, Robert Drew, June Kingsley, Gary Cox, W.

Higgins, Sam Olson, R.E. Reinoehl, Allen Minter, Gail Kane, R.

Roglitz, R.T. Hensen, F.B. Smalley, Roy Webster, David C. Goldfein, J.

Pride, Maurice Scellato, Eugene Harris, Fred Peters, Joe Singer, W.

Shinn, G.H. Siegel, A.E. Stevens, Ruth Curtis, Mary Ann Larson, J.W.

Pierson, H.A. Linza, Jim Gray, Dewayne Tafoya, Russell Boschee, M.

Lewis, P.C. Peters, Raymond Nelson, Gordon Greenwald, Ray Swan, M.

Zeylmaker, Nick Hacker, Jack Cox, Richard Rodgers, Ed Vincent, G.

Leasure, H.E. Bussow, Dale Morford, Jerry Norwood, Arthur Holstine, G.

Anderson, A.I. McDaniel, L. Witt, Fred Rogers, Mae Card, D.K.

Miller, LeRoy Moore, Bob Munger, Betty M. Zuccaro, Anthony Baird, F.J.

Miller, Robert B. Herbert, Don Summers, Harold Hunsaker, Mida Haring, J.H.

Horoschak, Paul Steiner, Hans Olsen, Harry Trevena, G.L. Stevans, R.

Hall, C.F. Cothren, Harold Vincent, Barbara Thies, Barry Harder, J.

Tracy, J.E. Quinn, Tom Grable, B.J. Trelease, W.R. Bogan, D.

Ringle, D.W. Davis, Pat Ricard, Roger Province, F.A. Carrillo, Al

Christensen, A.L. Frank, Ruth Ryan, Tom Culbertson, Roger Harder, K.

LeBeau, E.A. Cook, Neita Colby, C.E. Milberger, Milton Falk, J.

Adams, Larry Hutchins, Herbert Kelch, Lawrence Hansen, Jim Winn, L.

St.Amand, L.A. Diamant, Maurice Longshore, Harry Radcliffe, Allan Armstrong, E.L.

Brown, R.L. Eacker, Larry Luebben, R. Rask, Norman Caver, B.R.

Browne, Fred Andersen, John Young, Truman Gilbert, Marvin Middlebrook, M.

Penland, G.H. Post, Wm. Hewett, Eva Libonati, Frank Kuhlwein, D.

White, W.F. Dickson, A. Maurer, John Sr. Johnson, Marlyn Boschee, E.

Price, G.E. Johnson, E.M. Johnson, Jim Tracy, H.C. Porter, D.

Estrada, F. Norberg, K. Sear, William Jr. Wallen, Rich Smith, Frank

Lemke, A.R. Mancuso, J. Skaar, L. Tittes, Ray Merritt, Mark

Monroe, Dick Myers, L. Lang, Ron Gouwar, Elsie Larson, Ken

Forney, Lawrence Maurer, John Jr. Kaupp, Rodger Hollister, R.A. Griffin, W.

Kochie, A.J. Haldiman, Jim Morse, Steve J. Bartley, D.E. Blevins, J.E.

Goodman, J.E. Hudson, Twyla McCollum, H. Ward, G.L. Johnson, W.

Gardner, T.G. Butvilofsky, John Parks, Larry Friesen, Erv Wood, P.

Beck, H.A. Schriver, Mary Snapp, Louis Bradish, A.R.

Peterson, Elmer C. Estavillo, Eddie Speier, John Pace, J. APPRENTICES

Bruner, Sam Killey, John Liese, James Hance, Floyd Dolan, Mike

Walrath, Mark Lydiate, Herman Flin, Doug Briggs, R. Younger, M.J.

Crane, Robert Miers, Marvin Doris, Bobby Fick, R. Fuentes, M.

Bridges, J. Kaiser, C.A. Whitehair, Paul Benson, L. Estrada, Dan

Indvik, Obert Slocum, Robt. C. Englefield, R.F. Gaudette, P. Kimball, M.A.

Boyer, C.G. McMillan, Carl Considine, Ernie O’Neal, John Goss, D.C.

Zeylmaker, Bob Damon, Marcus Halpin, Jim Jackson, John Wade, Fred

Brown, Ernie Campbell, Duane Clapp, Russell Smith, Don Montez, R.

Darling, W. Safarik, John Seller, Adam Burke, R. Espinoza, W.

Stover, Ed Freeman, Marion Hartmann, Don Munger, B.J.

Bailey, G.W. Curtis, Robert Baker, Warren Livesay, A.

Johnson, G. Ahr, Albert Paulson, Al Armstrong, Al

Robinson, Harold Munger, Carl Jones, Virgil Stephens, Robt. F.

Longshore, D. Jackson, Travis Begun, R.S. Tiquet, H.

*Employees who had not resigned, retired, died or been terminated as of September 1, 2012.

DENVER NEWSPAPER AGENCY

APPENDIX B ATTRITION LIST

Mazak Neuman Ciurej Smith, W.A. Rzepka, F Cassaday

Ohm Moreno Ward *Forbes Quispe Beede

Eberle Davis, L. Ayers Alexander McCormick *Marshal

Romero Rzepka, L. Lombardi Bolsen Yee Dumlao

Ruybalid

*Employees who had not resigned, retired, died or been terminated as of September 1, 2012.

DENVER NEWSPAPER AGENCY

APPENDIX C LIST

Rivera, L.

Boone, T.

Smith, S.

Dankel, L.

Vincent, M.

*Lehmkuhl, S.

O’Neill, J.

Drum, L.

*Employees who had not resigned, retired, died or been terminated as of September 1, 2012.

MEMORANDUM OF AGREEMENT NO. 7

Concerning Advertising Sales Assistants

October 7, 2007

The following employees are grandfathered in the G38 Sales Assistant pay scale until they voluntarily change positions or terminate employment:

Chatton Davis

Darla Ramer

Cheryl Schmid

Grandfathered employees who had not resigned, retired, died or been terminated as of September 1, 2012.

38. Sales Assistant

*Sales Assistant

42 Mon

10/05/08

920

*Scale for incumbents in the job title as of 10/7/07.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Laurie Faliano Carol Green

Kathy Rudolph Missy Miller

Kelley DelDuca Kathy Maaliki

Donna Holtzmann Judi Patterson

Tracy Simmons

Tony Mulligan

Date signed: April 4, 2008

ACCEPTED AND AGREED AS AMENDED

FOR THE UNION: FOR THE EMPLOYER:

Michelle Miller Missy Miller

Paulette Shrefler Bill Reynolds

Samuel Johnson Rich Bradley

Laurie Faliano Bernie Gitt

Kathy Rudolph Tom McCarthy

Maureen Shively Larry Charest

Tony Mulligan

Date signed: October 16, 2012

MEMORANDUM OF AGREEMENT NO. 8

Concerning Advertising Sales and Support Positions

October 7, 2007

The following information applies to the named individuals in this Memorandum of Agreement No. 8:

Employees listed below are in Grade 39 on Step 6 and will be eligible to receive future contract increases as negotiated for Step 6.

Grandfathered at G39, step 6:

Account Executives, Account Managers:

Kelly Ames

Kristin Baldwin

Stephen Demyanovich

Scott Grove

Julie Korosec

Kim Lindgren

Maria Trujillo

Makeup: Creative Services:

Paulette Shrefler Michael Behrenhausen

Connie Utley Sam Deleo Kim Sharp-Leyba

Design Group:

Mark Holly

Scott Pasewalk

Grandfathered employees who had not resigned, retired, died or been terminated as of July 31, 2016.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Laurie Faliano Carol Green

Kathy Rudolph Missy Miller

Kelley DelDuca Kathy Maaliki

Donna Holtzmann Judi Patterson

Tracy Simmons

Tony Mulligan

Date signed: April 4, 2008

[Signature page follows.]

ACCEPTED AND AGREED AS AMENDED

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

MEMORANDUM OF AGREEMENT NO. 11

Concerning Outsourcing of Circulation Call Center Work

The Employer and the Union agree to an exception to Article II, Jurisdiction of the Contract to allow for the outsourcing of most Circulation Customer Service and Retention/Verification Call Center work. The Employer may outsource the handling of inbound customer service calls and outbound retention or verification calls. Remaining circulation call center work including but not limited to customer emails, escalated calls, Fix Files (duplicates, stand alone, PBM at two addresses, hybrids) circulation field requests, field follow up and processing refunds and reversals and any similar work remains under the jurisdiction of the Guild, to be performed by Guild-covered employees.

To facilitate the transfer of work and the reduction in force, the Parties agree as follows:

Outsourcing may occur in phases, but shall begin no sooner than sixty (60) days after ratification of the Agreement and shall be completed within one hundred and twenty (120) days after ratification.

After outsourcing is completed, at least two (2) full-time call center positions and 130 hours of part-time work shall be retained for at least six (6) months.

Prior to call center staff reductions, the Employer shall provide to all affected employees, a comprehensive description of the duties of the remaining jobs, a mock schedule and the location where the work will be performed, with the understanding that the location may be changed in the future. Affected employees shall be given notice of any move at least thirty (30) days prior to a location change. The Employer shall also provide a schedule of projected dates that staff reductions will occur and the number of positions expected to be reduced on each date.

For the purpose of staff reductions, all inbound and outbound Circulation Customer Service Associates, Circulation Customer Service Representatives and Circulation Customer Service Coordinators shall be in one pool without regard of full-time or part-time status. Layoffs shall be conducted in reverse company seniority order regardless of full-time/part-time status or job title.

Two weeks prior to the effective date of layoff for each phase, the Employer shall post notice of the layoff date and the number of positions to be eliminated. During the two-week period, call center employees may volunteer to resign or retire with severance. If there are more volunteers than the number of positions being eliminated, volunteers will be accepted in seniority order.

Part-time employees who remain employed until layoff or resignation during the layoff period shall be eligible for a severance benefit as follows:

  • Less than 1 year of service – $500 lump sum before taxes
  • One to two years of service – $1,000 lump sum before taxes
  • More than two years of service – $400 for each year of service or partial year of service capped at $4,000 lump sum before taxes.

Call center employees who are laid off shall be rehired to fill call center vacancies as provided under Article VII, Employee Security, Section 4(h) through (l) except all laid off employees will be placed on one rehire list without regard to job title or full-time/part-time status, and the rehire list shall be maintained for eighteen (18) months. Employees who elect to resign with severance during the layoff period shall not be placed on the rehire list.

For employees who are enrolled in medical and dental insurance and are laid off or resign during the layoff, the Employer shall pay six (6) months of COBRA subsidy, whereby the Employer pays its share of the monthly premium and the 2% fee.

The Employer shall provide job search and resume writing counseling for all call center employees.

Call center employees who are laid off or resign during the layoff period shall retain eligibility to use Mines and Associates, the Employee Assistance Program provider for six months after separation.

Full-time employees who retain employment shall be scheduled 40 hours within 5 days per week.

Full-time employees who retain employment but move to part-time status shall retain eligibility for severance upon layoff. For those employees, the severance amount shall be the amount the employee was entitled to on the implementation date of this Agreement.

Upon completion of outsourcing, wages for all remaining call center employees except those who were Customer Service Coordinators shall be the Customer Service Representative pre-concession rate (Classification 26).

Upon completion of outsourcing, any Customer Service Coordinators who remain employed shall have their weekly pay reduced by $50 to $753. One year later those employees shall have their weekly pay reduced to $710 per week, top scale of pay classification 26.

Call center employees who remain employed after outsourcing is completed may elect to resign with severance within 60 days after the completion of outsourcing. For unemployment purposes, such resignations will be treated as layoffs. Vacancies shall be filled by rehire from the list of laid off employees.

Three months after outsourcing is completed, the Employer and the Union shall meet to discuss work expectations and possible changes to the job description.

If The Post decides to return inbound and/or outbound call center work to the U.S.A., the Guild shall be provided a request for proposal (RFP) and shall be allowed an opportunity to submit a proposal to return the work to The Post under the Guild’s jurisdiction. In deciding whether to accept the Guild proposal verses any other proposal, The Post’s decision shall not be for arbitrary or discriminatory reasons.

[Signature page follows.]

ACCEPTED AND AGREED AS AMENDED

FOR THE UNION: FOR THE EMPLOYER:

Michelle Miller Missy Miller

Paulette Shrefler Bill Reynolds

Samuel Johnson Rich Bradley

Laurie Faliano Bernie Gitt

Kathy Rudolph Tom McCarthy

Maureen Shively Larry Charest

Tony Mulligan

Date signed: October 16, 2012

MEMORANDUM OF AGREEMENT NO. 12

Concerning the Union-Represented Employees of the

Information Technology Department

This agreement shall govern the terms and conditions of the Denver Newspaper Guild (“Guild”), the Denver Typographical Union Local 49 (“Typographical Union”) and the Employer to transfer certain employees and job functions from the Information Technology department, formerly represented by the Typographical Union, into the Guild bargaining unit. Transferred employees will work under all terms and conditions of the Guild contract unless different terms are specified in this Agreement.

1. Job Classifications Represented by the Guild

The following job classifications from the sub-departments of Client Services, Network, Technical Services, Telecommunications, and Publishing Systems of the Information Technology department will be transferred to the Guild:

Senior Systems Analyst / Publishing Systems

Senior Analyst/Administrator/Publishing Systems

Senior Software Engineer/Publishing Systems

Programmer Specialist/Publishing Systems

Technician (includes PC Technician, Mac Technician and TSD Technician)

Technician Trainee

Telecommunications Specialist

Network Specialist

Specialist (includes PC Specialist, Mac Specialist and TSD Specialist)

Systems Editor

2. Excluded from Guild Representation

Managers, including assistant managers and supervisors, are exempted from coverage of the collective bargaining agreement as managers and/or statutory supervisors under the National Labor Relations Act as long as they meet the criteria for manager or statutory supervisor. However, at the time of signing of this agreement, it is agreed that the employees listed below regularly perform bargaining unit work and are members of the Union, but they are excluded from the 40 hour work week requirements.

Bill Black – Network Manager

Chris Kelson – Special Projects Manager

As members of the Union, they are not managers under the National Labor Relations Act and are not managers for purposes of contract administration. It is further agreed that at the time these employees vacate these job titles, the positions of Network Manager and Special Projects Manager will be excluded from Union representation.

3. Jurisdiction of the Union

The Guild’s jurisdiction is recognized as covering the job titles listed in Section 1 of this Memorandum of Agreement. Jurisdiction is defined as the performance of configuration, installation and preventive maintenance of the Employer’s computer and Telecommunications equipment. This does not include the performance of electronic maintenance work presently performed by other employees represented by the Guild.

The Employer retains the right to assign such work to the Union, to other employees not covered under any collective bargaining agreement, or to independent contractors or vendors to initiate, supplement, or complete the work required by the Employer for special projects, or to obtain special skills not possessed by current staff, or to handle situations where the location of the work creates inefficiencies for the core staff, or for ongoing operational needs.

It is understood that the use of vendors, independent contractors, or non-represented employees will not directly result in a loss of regular hours scheduled or a reduction of force. However, the regular schedule may vary between thirty-five (35) to forty (40) hours per week even with the use of vendors, independent contractors, or non-represented employees.

4. Recall of Employees

Should there be an increase in the force, the persons displaced through the decrease shall be placed on a rehire list for one year and reinstated in reverse order to the order in which they were laid off before any other help in the position from which they were laid off may be employed, provided the recalled employee’s skills meet the current requirements of the position as determined by the employer.

5. Seniority

  1. Priority for purposes of consideration in scheduling shall be based on the employee’s date of hire in a union-covered position within the Information Technology Department.

  2. Priority for purposes of involuntary layoff shall be date of hire in the job title. However, for purposes of determining priority for layoff, the job titles of Technician and Specialist assigned only in the Technical Services Department and/or Client Services Department shall be treated as one single job title. In the event of a layoff in one or both of these two job titles in these departments, each employee’s priority shall be established by adding the employee’s length of service in the Technician and Specialist job titles (excluding time of service in other job titles), thus determining who is least senior. If an employee in one of the two job titles that is vacated by the layoff has had prior experience with the Employer in the other job title, he or she will move into the prior job title and will receive at least the minimum then-current rate of pay for that title.

  3. Employees having seniority standing will not lose their priority rights if they:

    1. Remain in the employ of the Employer, including work outside the jurisdiction of the Union, up to a period of 90 days after leaving the Guild bargaining unit:

      1. If an employee is promoted to a non-represented supervisory or managerial position, the employee must notify the Union and the Employer in writing no more than 90 days after the promotion of his or her decision as to whether or not he or she will return to the bargaining unit or give up his or her right to return to the bargaining unit and remain a non-represented supervisor or manager.

6. Probation

An employee shall be considered to be on probation and shall not be entitled to any seniority rights until after he/she has worked ninety (90) days following his or her date of hire. The Employer may extend the employee’s probationary period another ninety (90) days or any portion thereof by mutual agreement of the Employer and Union. It is expressly understood that this section does not create any right of tenure of employment for a probationary employee. Termination of a probationary employee within the probationary period shall not be subject to grievance provisions of this contract either by the employee or by the Union. Once an employee has successfully completed probation, his or her seniority shall begin on the employee’s date of hire.

7. Wages

  1. Wages for job titles other than Technician and Technician Trainee covered by this agreement will be no less than 5 percent greater than Technician starting pay.

  2. Technicians hired after the date of ratification of this agreement may be hired at the technician trainee scale listed in Section 6 (c) below.

  3. Technician trainees may be employed to perform routine duties.

    1. All terms of this agreement apply to journeyman trainee technicians.

    2. Technician trainees shall be paid as follows:

First (lst) Year 80% of Technician Scale

Second (2nd) Year 90% of Technician Scale

Third (3rd) Year and thereafter 100% of Technician Scale

    1. No technician trainee shall be trained on equipment where technicians have not been offered training.

(4) No technician shall be laid off because of the establishment of the technician trainee classification.

  1. The Employer agrees to pay an “On Call Premium” of $20.00 per each calendar day to the employee who is assigned responsibility for On Call Duties. “On Call Duties” are defined as periods of time when the employee is not scheduled to work but during which the employee carries a communications device and is responsible for responding to emergency calls from the office. The Premium is paid only to the employee assigned On Call Duties and is not paid to any other employees who may respond to an emergency call from the office.

8. Working Hours, Overtime

(a) Hourly Employees

(1) The regular scheduled workweek may vary between 35 and 40 hours. The regular scheduled workday may vary from five (5) to ten (10) hours. The employer will strive to create as many 40-hour situations as possible, depending on operational needs. The most senior employees in the job title will be given preference for the 40-hour situations.

(2) If the hourly employee does not remain on the premises and on-call during the lunch break, the employee is permitted up to an hour of unpaid lunch.

(3) If mutually agreed between the Manager and the employee, an employee’s lunch breaks may be placed on the regular schedule as a half-hour with the employee remaining on call.

(4) Work in excess of ten (10) hours in a day or forty (40) hours in a week (except employees exempted from overtime as specified in Section 7 (b) below) shall be paid at the rate of time and one-half the straight time rate for those hours.

(b) Salaried Employees

It is understood that the employees listed below are salaried employees exempted from overtime, but they regularly perform bargaining unit work and are members of the Union. Specialist Technicians (also known as PC and Mac Specialists), Telecommunications Specialists, Senior Programmer Analysts/Publishing Systems, Sr. Software Engineer/Publishing Systems, Sr. Analyst/administrator/Publishing Systems, Programmer Specialist/Publishing Systems, Systems Editor, and Network Specialist.

9. Callback

(a) Hourly Employees called back after the regular day’s or night’s work shall be paid for hours worked. Employees are expected to report to work as soon as reasonably possible when called back after having left the premises.

(b) Hourly employees called in to work on his or her designated day off or night off will be paid as follows:

(1) If the employee’s weekly schedule has been adjusted so that the hours for the week do not exceed forty (40), the employee will be paid one hour at straight-time rate in addition to pay at straight-time rates for the time actually worked.

(2) If the weekly scheduled is not adjusted, the employee will be paid time and one- half of the straight time rate for work in excess of ten (10) hours in a day or forty (40) hours in the week. The additional one hour will not be paid.

10. Holidays

(a) The holiday rate shall be paid for any shift starting in the period after midnight at the start of the holiday to include midnight at the end of the holiday.

(b) Christmas Eve and New Year’s Eve shall be considered the holiday in place of Christmas Day and New Year’s Day for employees having evening shifts which start after three (3) p.m. on December 24th and December 31st.

11. Vacations

As provided in Article XVI, Vacations.

12. Separation Pay

Upon involuntary dismissal to reduce the force, full-time employees shall receive a cash separation pay allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous service or major portion thereof, to a maximum of twenty-six (26) weeks. Separation pay is to be computed at the highest weekly rate of pay received by the employee in the previous year. The terms “seniority” and “service” include time continuously worked since current hire date by either the Denver Rocky Mountain News or The Denver Post and all time worked for the Employer.

13. New Equipment

In the event work processes, machinery or equipment not now in use are during the life of this agreement introduced for use in producing work within the jurisdiction of the Union, either party to this agreement may seek discussion concerning the fixing of work standards for the new processes or equipment.

14. Pension

(a) Except for the current Pre-Publishing Department Participants, effective on and after the date of ratification no Participant in the DNA Typographical Pension Plan will accrue any Credited Future Service (as defined in the Plan) for Benefit Service purposes under the Plan except as noted in (b) below.

(b) Employees in the Information Technology department who were Participants in the DNA Typographical Union Pension plan as of October 1, 2009, will accrue a $132.00 pension credit (for purposes of determining Normal Retirement Benefits) under the DNA Typographical Union Pension Plan for the Plan Year beginning October 1, 2009 after working a minimum of one shift within that plan year.

(c) The DNA Typographical Union Pension Plan shall be amended to eliminate the Union members of the pension committee, to enable administration of the Plan by a committee comprised solely of Employer members, and to authorize the Employer to amend the Plan, appoint investment managers, appoint the trustee, amend the trust, set investment policy, and determine the investments in which the Plan assets are invested. Such amendment will not reduce existing benefit obligations to Participants, Retirees, or Beneficiaries of the Plan in existence at the time of the amendment.

(d) Upon this change, the Union will negotiate monthly benefits amounts with the Employer in subsequent collective bargaining agreements and will not negotiate contributions. Future benefit increases will not be precluded by the freeze of the Plan and may be negotiated depending on funding and mutual agreement by the Employer. The Employer will assume responsibility for maintaining necessary funding under all applicable laws.

(e) After the amendment to the DNA Typographical Union Pension Plan document, the Employer will make available upon request to the authorized representatives of the Guild:

  1. Periodic investment performance information regarding Plan assets, and

  2. Applications for retirement benefits for Union participants to ensure the accuracy of payments. 

15. Union Security

The employees currently in the job titles identified in Section 1 of this Memorandum of Agreement or new hires into these job titles shall be required to join and/or pay appropriate fees to the Guild and may not exercise drop-out rights under Article VI, Union Security, Section 9 of this collective bargaining agreement as long as they remain in these positions.

16. Attrition List

The job guarantees and rights afforded Attrition A List employees are contained in Memorandum of Agreement No. 6 and Attachment A to that Memorandum of this collective bargaining agreement.

FOR THE EMPLOYER: FOR THE UNIONS:

Missy Miller Sam Johnson

Bernie Szachara Lester Stevens, Jr.

Bob Kinney Tony Mulligan

Kathy Maaliki

Date signed: December 3, 2009

ACCEPTED AND AGREED AS AMENDED:

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

MEMORANDUM OF AGREEMENT NO. 13

Concerning a New Position Titled Media Transmittal Coordinator

The Company created a new position to coordinate the transmittal of design directions and graphic elements to the outsourcing vendor for display ad production.

The Company and the Guild agree that the position is included in the Guild non-newsroom bargaining unit and is covered by all provisions of the Contract with the understanding that if there is a decision to centralize this work or move it to another location or provider, the Company will have the unilateral right to do so. If this were to occur, the Company will provide a minimum of two weeks’ notice to the Guild and the affected employees.

Except as described below, it is agreed that the pay for the position shall be $13.00 per hour.

Incumbent Employees: Current Designers Eugene Forbes and Brett Rickli shall be offered the new positions. If they accept, Forbes shall be paid $1,046 per week as required in Memorandum of Agreement No. 6. Forbes shall retain all other rights of the B Attrition List described in Memorandum of Agreement No. 6. Rickli shall be paid $20.00 per hour ($800.00 per week).

Effective the date the incumbent employees begin the duties of the new position and stop performing Designer work, a sixty (60) day trial period shall begin. During the trial period the employee may resign or retire with severance as provided in Article IX of the Contract. Or, if the Employer determines that the employee is not adequately performing the duties of the new position, the Employer may remove the employee from the position. If Forbes is removed from the new position, he will be placed in another position or will be paid severance as provided in Memorandum of Agreement No. 6. If Rickli is removed from the position he shall be paid severance as provided under Article IX, Severance.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Michelle Miller Missy Miller

Paulette Shrefler Bill Reynolds

Samuel Johnson Rich Bradley

Laurie Faliano Bernie Gitt

Kathy Rudolph Tom McCarthy

Maureen Shively Larry Charest

Tony Mulligan

Date signed: October 16, 2012

MEMORANDUM OF AGREEMENT NO. 14

between

The Denver Post (“Company”)

and

The Denver Newspaper Guild-CWA Local 37074 (“Union”)

Collectively (“the Parties”)

Concerning the Production Maintenance Department

The Company and the Union agree to amend the current pay outlined in MOA 14 of the current collective bargaining agreement between The Denver Post and the Guild as follows:

  1. TITLES – The title of Production Maintenance Technician will no longer be used and will be replaced by two titles: Machinist and TSD Electrician.

  1. WAGES

    1. Machinist

Machinist (includes former production maintenance mechanics)

Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.

677 720 815 988 1017 1119

    1. TSD Electrician

Start Level One Level Two Level 3

$25.00/hr $28.00/hr $29.00/hr $30.00/hr

c. Jeff Pendleton shall remain at his current scale of $1,000 per week until his next anniversary date (4/28/16), when he shall advance to the Machinist 5th Yr. scale (currently $1,017) and shall advance to 6th Yr. scale on his anniversary date in 2017.

  1. TSD Electrician Levels and Progression

    1. Start (New Hire) – Basic electrical skills required, including, for example, knowledge of industrial electronics, such as drives, power supplies, and PLCs.

    1. Level OneMandatory: Must complete the following to advance to Level One:

      1. Complete Business Industrial Network Advanced Troubleshooting Industrial Control Course and Electrical Troubleshooting Skills series course and testing (or other applicable written test if this test is no longer available) with a score of 75% or better.

      2. Successfully complete a practical application exam. Examples of a practical exam are:

        1. We will set up a common Ethernet communications issue on the press. We will evaluate the ability to diagnose the issue, use the correct documentation to narrow down the issue, and check to see that the issue is found with a correct plan to repair.

        2. We will set up an issue within the safety circuit and evaluate use of documentation and ability to track down the issue. Also evaluate the plan for repair.

      3. Level One exams must be achieved no later than 12 months after date of hire (but cannot be taken before employee completes probationary period). Employee will be given one opportunity to retake either the written or practical exam if Employee fails to pass either of these exams. This must be done within 60 days of a failed exam. A second failure will result in termination of employment.

    1. Level TwoMandatory: Must complete the following to advance to Level Two:

      1. Complete Business Industrial Network Troubleshooting PLC Circuits Course and testing (or other applicable written test if this test is no longer available) with a score of 75% or better.

      2. Successfully complete a practical application exam. Examples of a practical exam are:

        1. We will set up an issue with the magnapack machines that will require knowledge of the computer hierarchy and communications scheme. Should be able to show working knowledge of system and be able to identify the problem in the system.

        2. We will set up a problem with the Pecom system and evaluate use of drawings and experience to identify the issue and propose a proper repair.

      3. Level Two must be achieved no later than 24 months after completing Level One. (Employee must be at Level One for 12 months before taking exams for Level Two.) Employee will be given one opportunity to retake either the written or practical exam if Employee fails to pass either of these exams. This must be done within 60 days of the failed exam. A second failure will result in termination of employment.

    1. Level ThreeOptional: Must complete the following to advance to Level Three:

      1. Complete Business Industrial Network PLC Training and Simulator Course and testing (or other applicable written test if this test is no longer available) with a score of 75% or better.

      2. Successfully complete a practical application exam. Examples of a practical exam are:

        1. Must complete a project using HMI controls and PLC programming.

        2. Must complete a working rebuild of one of the major servers in the plant. Plan backups and plan install that will not affect production.

      3. Employee will be given one opportunity to retake either the written or practical exam if Employee fails to pass either of these exams. This must be done within 60 days of the failed exam. After that, Employee must wait six months to retake the exam.

      4. Advancing to Level Three is optional.

  1. Machinists and TSD Work

    1. It is expected that machinists will continue to do electrical work for which they have been trained to perform safely and effectively. This does not constitute working in higher class. TSD Electricians will be expected to perform machinist work for which they have been trained to perform safely and effectively.

  1. Current Employees

    1. Any employee who is currently making less than $27.00/hr and is currently doing electrician work will be moved to new hire level TSD Electrician and pay will be increased to $27.00/hr effective with the first pay period following a signed agreement between the Company and the Union. Any employee who is currently doing machinist work will remain at his current rate of pay and will be classified as a Machinist.

    2. Any Machinist is eligible to advance to open Level One and Level Two TSD Electrician positions as outlined above provided the employee passes the required tests. (Employees who are making more than Level One pay will retain their current pay.) Failure to pass the tests will NOT lead to the employee’s termination.

    3. Machinists who advance to TSD Electrician will remain on the Machinist board for purposes of bidding shifts until the Company determines the employee is qualified to work a shift by himself. Bidding on the Machinist board will allow the employee time to continue to gain experience before moving to the TSD Electrician board for shift bids.

    4. The Company will advance current employees to open TSD Electrician positions provided they have passed the required exams. Currently there are two TSD Electricians and the Company is advancing two current Production Maintenance Technicians to entry-level TSD Electrician; the Company will fill up to an additional two (2) TSD Electrician positions. (Company retains the right to fill fewer than two or more than two positions as business needs dictate, and this is not a manning clause.) Employees will be advanced based on when they successfully complete the exams. If two or more employees pass at the same time, they will be advanced based on seniority in the department. If more employees pass the exams than the number of current available positions, the employee will be placed on a list in order of when they passed the exam. The list will be valid for six months. After that time, the employee must retake the exam.

  1. Layoffs

    1. Any future layoffs will be conducted according to Article VII, Section 4 of the Collective Bargaining Agreement between the Company and the Union.

ACCEPTED AND AGREED AS AMENDED:

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

MEMORANDUM OF AGREEMENT NO. 15

Concerning the jurisdiction of work in the Finance Department

As an exception to Article II, Jurisdiction of this collective bargaining agreement, the Parties agree as follows:

After ratification of the full Collective Bargaining Agreement, The Denver Post may outsource finance work previously performed by Guild-covered employees, except as limited by this Agreement.

The Guild retains jurisdiction over finance work performed by employees of The Denver Post. Any and all finance work remaining that has been performed by bargaining unit employees shall continue to be performed by bargaining unit employees.

The Company will provide a sixty (60) day notice of its intent to outsource Guild-represented work in the Finance Department. The Company will not eliminate any Guild-represented positions in the Finance Department prior to February 1, 2017. This restriction does not include termination for cause.

The Company may offer, and affected employees may voluntarily accept other positions within the company. In such case, the employee will receive the pay of the new position.

For the purpose of reduction in force, all finance employees within the bargaining unit shall be placed on one list without regard to job title, except the title of buyer shall be excluded, based on continuous full-time service.

Once the sixty (60) day notice is given to the Union and the Guild-represented employees, impacted employees will receive the following provided they remain employed until the date of layoff.

    1. 20 years or more of full-time continuous service:

  • One (1) weeks’ pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional eight (8) weeks’ of pay to a maximum of fifty-two (52) weeks of pay.

  • The amount above shall not be reduced by any Supplemental Retirement Amount the employee may have.

  • The cash equivalent of twelve (12) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

    1. Less than 20 years of full-time continuous service:

  • One (1) weeks’ pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional four (4) weeks’ of pay.

  • The cash equivalent of six (6) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

    1. The amount of separation pay in (a) and (b) above shall not be reduced by any Supplemental Retirement Amount, if available.

    1. The separation pay in (a) and (b) above shall be computed at the highest regular weekly rate of pay received by the employee in the previous calendar year. Continuous full-time service includes continuous full-time service since the employee’s current full-time hire date at the Company and includes union-represented and non-union service.

If The Denver Post creates positions to perform finance work previously performed by bargaining unit employees, laid off employees shall have recall rights as provided in Article VII, Employee Security of the Collective Bargaining Agreement.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

MEMORANDUM OF AGREEMENT NO. 16

Concerning the jurisdiction of work in the Metro Home Delivery Department

As an exception to Article II, Jurisdiction of this collective bargaining agreement, the Parties agree as follows:

The Guild retains its current jurisdiction over the work performed by employees in the Circulation Department including all Circulation sub-departments. If The Denver Post returns any Metro Home Delivery work to an employee operation within the Circulation Department, those employees shall be Guild-covered.

No later than thirty (30) days after ratification, the company shall provide to the union and home delivery employees the rollout schedule showing the planned date for the transition of each district/warehouse from an employee operation to a distributorship.

Within seven (7) days following the release of the rollout schedule, employees shall make known their current desire to leave sooner or stay longer than their district/warehouse rollout date under the conditions described below. The expressed desire of the employee during the seven-day period is non-binding.

The first distributor rollout shall be no sooner than 30 days after release of the rollout schedule.

Layoffs will not strictly be in reverse seniority order as provided in the Contract, but, to the extent possible, seniority will be honored in each employee’s choice to leave sooner or stay longer as follows.

The company will determine when each district/warehouse will roll over. The transition of all districts is anticipated to take four months.

During the first half of the rollout affecting 50% of the current staff, employees working in districts/warehouses not yet affected by the rollout who have more continuous full-time service than an employee or employees in an affected district/warehouse, may request to voluntarily resign or retire during the rollout layoff period and receive the separation package as provided below. The Company will honor as many of those requests in seniority order as possible based on the Company’s needs for the transition.

Employees scheduled to be displaced in a rollout, but saved by the resignation or retirement of a more senior employee may be reassigned to the district assignment held by the resigning employee.

Employees affected by the first two thirds of the rollout phases may request to be retained for work in other locations. Employees shall be retained for at least six (6) weeks or until the last roll out phase is completed, whichever is sooner. Employees are expected to perform the duties as requested in these retained positions to the satisfaction of the Company.

Employees who request to be retained shall receive the separation package provided for below when their employment is ended by the company, or, with two weeks’ notice, such employee may end employment during the extended period and receive the separation package.

Employees who are selected to fill a distributorship shall separate employment and receive the benefits listed below the earlier of the date of layoff or resignation during a layoff period, or the date they commence their selected distributorship.

Any employee in the Metro Home Delivery Department who is displaced through a layoff or that voluntarily resigns or retires during such layoff shall receive the following benefits:

          1. 20 years or more of full-time continuous service:

  • One (1) weeks’ pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional eight (8) weeks’ of pay to a maximum of fifty-two (52) weeks of pay.

  • The cash equivalent of twelve (12) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

b. Less than 20 years of full-time continuous service:

  • One (1) weeks’ pay for each six (6) months of continuous full-time service or major portion thereof, plus an additional four (4) weeks’ of pay.

  • The cash equivalent of six (6) months of the Employer’s share of medical insurance premiums based on the employee’s enrollment level, if enrolled in the Employer’s medical plan at the time of termination.

  1. The amount of separation pay in (a) and (b) above shall not be reduced by any Supplemental Retirement Amount, if available.

  1. The separation pay in (a) and (b) above shall be computed at the highest regular weekly rate of pay received by the employee in the previous calendar year. Continuous full-time service includes continuous full-time service since the employee’s current full-time hire date at the Company and includes union-represented and non-union service.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:

Paulette J. Shrefler Missy Miller

Laurie A. Faliano Bill Reynolds

Kathy Rudolph Brian Trujillo

Cecilia K. Newton

Theresa K. Burt

Cheryl L. Schmid

Kelly Mortensen

Steven J. Wielgosz

Tony Mulligan

Date signed: August 16, 2016

INDEX

401(k) 14

Adoption Assistance 31

Affirmative action 4

Aircraft flights 46

Attrition list provisions 60-68

Automobiles 44

Bereavement leave 33

Breaks 19

Bulletin Boards 46

Bumping/layoff 8

Buyout 10

Call back Pay 18

Call Center memorandum 72

Christmas Eve differential 23

Committees

advisory 47

communications 47

ergonomics 12

grievance 5

human rights 47

safety 47

Compensatory time 21

Departments covered 1

Defined Contribution (401(k)) 14

Discharge 5, 7

probationary employee 4

self-provoked 12

Disciplinary discussion 6

Drug and Alcohol Policy 48

Dues Deduction 3

Duration and Renewal 50

Employee Assistance Program 32

Employee birthday 22

Employee Security 7

Employees covered by the contract 1

Equipment 10, 44

Exemptions 2

Expenses and Equipment 44

Flexible Spending Accounts 30

Floating holidays 22

General Wage Provisions 43

Grievance Procedures 5

Hazardous conditions 47

Hiring and Information 4

Holidays 22

Hours of Work and Overtime 17

Information Technology Dept. memorandum 75

Insurance

accidental death & dismemberment 28

dental 28

disability 29

eligibility 27

health 28

life 28

long-term disability 30

short-term disability 29

Job security provisions 7

Job Sharing 45

Jurisdiction 2

Jury duty 34

Layoff 8

Lead Pay 46

Leave

child-care leave 33

funeral leave 33

Leaves of absence 33

Lunch breaks 18

Management Rights 50

Maternity leave 29, 33

Memorandums of Agreement 52-88

Merit pay 43

Mileage 44

Military Service 34

Miscellaneous 46

New or modified equipment 10

New Year’s Eve differential 23

No Strike Provisions 50

Nondiscrimination 4

Notices

of district bidding 16

of employee changes 4

of new equipment 10

of new exemption 2

of vacancies 15

to probationary employees 4

On-the-job injury 26, 34

Over time 17

Pay checks 43

Parking/transpertation benefit 31

Part-time and Temporary Employees 36

Pension 13

Personnel files 46

Posting

of schedules 19

of vacancies 15

of vacation calendar 24

Pre-Publishing Department 54

Probation 4

Promotions 14

Reduction in force 8

Representation rights 6

Seniority

layoff 8

shifts 19, 21

vacation 24

Severance pay 11

Shift bidding 19

Shift leads 19, 43

Sick Leave

Full-time 25

Part-time 26

Short-term disability 29

Single Copy Memorandums 52, 53

Stretch breaks 19

Supplemental Retirement Amount 11

Temporary Employees 36

Tools 44

Training 32, 47

Transfers and Promotions 14

Trial period

circulation districts 17

transfers and promotions 15

Tuition Reimbursement 32

Union matters 46

Union Security 7

Vacation 24

Wage Scales 37

Work in higher classification 21, 43

Pueblo Chieftain
Click here to view the contract document on Scribd

AGREEMENT
Between
STAR-JOURNAL PUBLISHING CORPORATION
And
DENVER NEWSPAPER GUILD
CWA LOCAL NO. 37074
October 7, 2013, through March 31, 2015

1 PARTIES AND TERMS
2 EXCEPTIONS 2 3 GUILD SHOP
3 GUILD SHOP
4 HIRING
5 INFORMATION
6 PART-TIME AND TEMPORARY EMPLOYEES
7 SALARIES
8 HOURS AND OVERTIME
9 SEVERANCE PAY
10 PENSION
10B TAX DEFERRED SAVINGS PLAN
11 HOLIDAYS AND DAYS OFF
12 VACATIONS
13 HEALTH AND WELFARE
13B VDT’S
14 GRIEVANCE PROCEDURES
15 EMPLOYEE SECURITY
16 EXPENSES AND EQUIPMENT
17 MILITARY SERVICE
18 LEAVES OF ABSENCE
19 MISCELLANEOUS
20 JURISDICTION
21 FULLY BARGAINED
22 CHANGE OF OWNERSHIP
23 SUBSTANCE ABUSE/TESTING PROCEDURE
24 DURATION AND RENEWAL
MEMORANDUM OF AGREEMENT #1

ARTICLE 1

PARTIES AND TERMS

The Agreement is effective October 7, 2013, through March 31, 2015, between the Star-Journal Publishing Corporation, a corporation hereinafter known as the
Publisher, and the Denver Newspaper Guild-CWA Local 37074, a local chartered by The Newspaper Guild – CWA (AFL-CIO, CLC), hereinafter known as the Guild,
for itself and on behalf of all the employees of the Publisher in the Editorial, Commercial (including Advertising, Business and Circulation
sub-departments) and miscellaneous departments, including all of the employees of the Publisher, excluding only those not otherwise provided for in this
Agreement.

ARTICLE 2

EXCEPTIONS

Section 1
. The following are excluded from the application of this Agreement: Managing Editor, Editorial Page Editor, eight other editors, Photo Director,
Advertising Director, Retail Advertising Manager, Business Development Manager, Classified Advertising Manager, Classified Advertising Supervisor,
Promotion Manager, Internet Manager, Circulation Director, Circulation Sales Manager, Country Circulation Manager, Single Copy Sales Manager, two
Circulation Zone Managers, Business Office Manager, Chief Accountant, Credit Manager, two assistants to the Business Office Manager, Mailroom Manager, two
Mailroom Foremen, three Assistant Mailroom Foremen, one private, confidential secretary, Newsroom Office Manager, Pueblo West View Office Manager and
Pueblo West View Editor.

Section 2
. The Publisher shall notify the Guild of any additional exemptions. All exemptions must conform with the criteria of manager, supervisor, or confidential
employee as established by the National Labor Relations Act, as amended, and as interpreted and applied by the National Labor Relations Board and the
Federal courts. Any dispute regarding new exemptions proposed or challenged during term of this agreement shall be subject to grievance and arbitration
procedures defined in Article 14, Grievance Procedure.

ARTICLE 3

GUILD SHOP

Section 1
. Within thirty days of hire, the Guild president, or his/her designee, shall be allotted up to one hour of company time with a new bargaining unit
employee for the purpose of explaining the role of the Guild at the Chieftain.

(a) An employee shall have a 15-day option period prior to his/her first employment

Anniversary and each anniversary thereafter during which time he/she may serve notice and resign from the Guild and/or cease paying dues or fees to the
Guild and retain his/her employment.

Section 2.
Upon an employee’s written assignment, the Publisher shall deduct from the earnings of such employees and pay to the Guild not later than the 15 th of each month all Guild dues or fees due or overdue the Guild. Such dues or fees shall be deducted from the employee’s earnings in accordance
with a schedule furnished by the Guild to the Publisher. The Guild treasurer shall supply a list to the Publisher of such deductions due at least seven
days before payday. Such a schedule may be amended by the Guild at any time. An employee’s voluntary written assignment shall remain effective in
accordance with the terms of such assignment.

ARTICLE 4

HIRING

 

Section 1
. If the Publisher finds it necessary to fill vacancies or requires additional employees in classifications covered by the contract, he will give the Guild
an opportunity to recommend a candidate or candidates. He will give full consideration to the hiring of such candidates.

Section 2
. The Publisher shall hire and provide equal opportunity for transfer or advancement to employees without regard to age, gender, race, creed, color,
national origin, sexual orientation, political activities or political beliefs, or disability.

Section 3
. New full-time employees may be required to serve a probationary period of six (6) months; new part-time employees may be required to serve a probationary
period of six (6) months. During a probationary period an employee may be discharged for any reason, except for a proven violation of Article 4 Section 2,
the no discrimination clause. A probationary employee shall have no recourse to the Grievance or Arbitration procedures set forth in this agreement
concerning such discharge. This probationary period may be extended up to three months by mutual agreement between the Publisher and the Guild.

Section 4
. Where the company fails to promote an employee to a higher position, the individual, upon request, shall receive an explanation from the company.

Section 5.
Any employee assisting in training a new employee shall have his/her regular assignment duties balanced with the training assignment. The publisher will
attempt to accommodate employees who prefer not to assist in training new employees.

ARTICLE 5

INFORMATION

Section 1
. The Publisher shall supply the Guild within 30 days after hiring a new employee the following information for such new employee:

(a) Name, address and telephone number

(b) Date of hiring

(c) Classification

(d) Experience rating and experience anniversary

(e) Salary

(f) Date of Birth

(g) Gender

(h) Minority Group

Section 2
. At least once a year, in February, the Publisher shall provide the name of each employee covered by this contract plus the amounts of salary, incentive,
bonus, overtime and mileage reimbursement paid to each employee in the previous year.

Section 3
. The Publisher shall notify the Guild monthly in writing of:

(a) All merit increases granted by name of the employee, individual amount, resulting new salary and effective date.

(b) Step-up increases granted by name of the employee, individual amount, resulting salary and effective date.

(c) Changes in classification and salary changes by reason thereof and effective date.

(d) Resignations, retirements, death and any other revision in the data listed in Section 1 and effective dates.

ARTICLE 6

PART-TIME AND TEMPORARY EMPLOYEES

Section 1
. Part-time and temporary employees shall not be employed where, in effect, such employment would eliminate or displace a regular, full-time employee. If a
position becomes economically unfeasible or the duties do not require a full-time employee, the company may reduce a job to part-time, after demonstrating
to the Guild the need for the change. The employee currently performing the job being reduced may elect to remain in the part-time job, accept a dismissal
to reduce the force, or voluntarily resign or retire. If the employee elects to accept a dismissal to reduce the force, he/she shall receive severance pay
in accordance with Article 9 and may exercise the rights set forth in Article 15, Section 4 (c) only. A part-time employee is defined as one who works
regularly thirty (30) hours or less in a regular workweek. A temporary employee is one who is employed on a special project for no more than six (6)
months, except in cases where a temporary employee is hired to replace an employee on leave, then temporary employment shall be for the duration of the
leave. The Publisher shall notify the Guild of the nature of the project and the estimated duration of the job at the time the temporary employee is hired.

Section 2
. Part-time and temporary employees who become regular full-time employees shall be accorded full credit for prior experience in comparable work as a
part-time or temporary employee in proportion to time worked in continuous employment in determining experience classification and for prior service in
determining service credit for contract benefits.

Section 3
. Part-time and temporary employees shall be covered by all the terms of this Agreement except where otherwise provided, shall be paid on an hourly basis
equivalent to the weekly minimum salary provided for their contract classification and experience, shall advance on the schedule of minimum salaries, and
shall receive such benefits on a pro-rated basis in proportion to time worked.

ARTICLE 7


SALARIES

Section 1
. The following weekly minimum salaries shall be effective March 31, 2008 as specified, and for the duration of this Agreement unless changed in accordance
with the other provisions.

REPORTERS, PHOTOGRAPHERS, ARTISTS AND WEBMASTER (per week):

Start $572.99

6 Months $598.62

12 Months $623.96

18 Months $649.94

24 Months $675.61

30 Months $701.23

36 Months $726.92

42 Months $752.57

48 Months $778.24

54 Months $803.90

60 Months $829.55

66 Months $857.43

Copy Editor ……………………………. $7.49 per shift

Copy Editor/Paginator ………………. $12.48 per shift

Reporter at 15 years with Chieftain $26.64 per week

For the life of this Agreement, a minimum of $434.75 per week shall be paid to new employees hired after ratification of the Agreement as reporters,
photographers, copy editors or webmasters.

Graphic Artists hired after the effective date of this agreement are not eligible to receive pagination pay. Jennifer Tate, Ann Boyden and Charles Ruybe
shall continue to be eligible to receive pagination pay. Reporter or Editor will receive pagination pay only when their primary duty during the shift is
pagination.

Current Employees who perform copy editing will receive copy editing pay at the above stated rate. New employees will not receive copy editor pay.

PART-TIME REGIONAL CORRESPONDENTS (per hour):

Start $10.00

12 Months $10.50

24 Months $11.00

36 Months $11.50

48 Months $12.00

 

FULL-TIME REGIONAL CORRESPONDENTS (per hour):

Start $10.00

12 Months $10.50

24 Months $11.00

36 Months $11.50

48 Months $12.00

 

SOCIAL MEDIA EDITOR (per week):

 

Start $480.77

12 months $490.38

24 months $500.00

36 months $509.62

48 months $519.23

 

PHOTOGRAPH TECHNICIAN
– GRAPHICS TECHNICIAN, ON-LINE TECHNICIAN (per week):

Start $407.85

12 Months $417.45

24 Months $457.33

36 Months $470.61

48 Months $533.18

60 Months $607.22

(The technician rate shall be the same as photographer-technician but the top scale shall be fourth-year level. Duties of the technician shall be
developing, printing and processing photographs but shall not preclude taking occasional photographs.)

CIRCULATION

District Managers (per week):

1 $ 521.58

2 $ 558.68

3 $ 582.51

4 $ 606.36

5 $ 638.73

District Managers at completion of 5 years of full time employment at Chieftain $16.72 per week.

Part-time DM Assistants (per hour):

1 $ 10.87

2 $ 11.61

3 $ 12.18

MAILROOM

Full-time Mailer (per week):

1 $ 464.48

2 $ 508.73

3 $ 543.72

Part-time Mailer (per hour):

Start $ 8.88

After 500 hours $ 9.21

After 1000 hours $ 9.76

CLERICAL

I. Clerks, Switchboard

Operators (per week):

1 $ 430.74

2 $ 447.79

3 $ 476.28

4 $ 506.64

II. Bookkeepers, Secretarial, Service Clerks and/or Keyboard Operators,
Ad Copy Typists, Copy Clerks (per week):

1 $ 436.43

2 $ 455.38

3 $ 481.95

4 $ 519.90

III. Librarian, Advertising Copy Assistants, Secretarial, Bookkeeper and/or computer Operators (per week):

1. $ 440.22

2. $ 470.61

3. $ 502.82

4. $ 561.68

Clerks I, II and III, at completion of 15 years of full time employment at Chieftain $13.94 per week.

Clerks I, II and III, at completion of 15 years of part time employment at Chieftain $.35 per hour.

ADVERTISING

Dispatch Clerks (per week):

1 $ 430.73

2 $ 447.79

3 $ 464.16

Inside Sales Reps (per week):

1 $ 438.32

2 $ 462.98

3 $ 493.36

4 $ 540.79

 

Outside Sales Staff:

$514.43 per week

Internet Sales Staff (per week):

Start $ 456.76

6 months $ 463.28

12 months $ 469.81

The Publisher has the right to modify the advertising commission structure as long as the changes made are applied equally to all sales staff, assuring
that the opportunity to earn commissions are equitable.

Section 2
. The Publisher shall increase employee’s wages by an amount equal to the premium cost of the short term disability policy.

Section 3
. In the application of the foregoing schedule of minimums, experience shall include all regular employment in comparable work at the Pueblo Chieftain.
Regular employment for purposes of this Section 3 shall not include internships and clerical work shall not be considered comparable to journalist
positions.

Section 4
: A Regional Correspondent is defined as a reporter who works outside of Pueblo County, supplying news stories and photographs to the Publisher. The
Publisher will reimburse the correspondent for mileage, meals, transportation, lodging and cellular phone use, the latter parameters outlined in Article
19, Section 10; and will be subject to other provisions as applicable in the contract between the union and the Publisher.

Section 5
. Employees who work temporarily in a higher wage classification in the bargaining unit shall be paid at least the rate of pay in the higher classification
for the same year of experience for all time worked.

Section 6
. Present employees will be given first consideration when vacancies in higher classifications occur. Women and members of minority groups will be given
full and equal opportunity and consideration when such vacancies occur. Notice of such vacancies shall be posted on the bulletin boards in all Guild
departments for one week before the vacancy is filled. Employees promoted to higher classifications shall be given a trial period of up to 90 days which
period may be extended by mutual agreement. During such trial period the employee shall receive at least the minimum next higher than his/her salary for
the same year of experience in the classification from which he/she advanced. During such trial period, the employee may elect to return to the
classification from which he/she advanced without penalty or prejudice. The Publisher’s evaluations of the employee’s progress shall be discussed with the
employee during the trial period and at its end.

Section 7
. Full-time employees shall receive a differential of 63 cents per hour for all hours worked or fraction thereof between the hours of 6 p.m. and 5 a.m.
Part-time employees shall receive 59 cents per hour for all hours worked or fractions thereof between 6 p.m. and 5 a.m.

Section 8
. Not more than twenty-five per cent (25%) of all regular full-time employees in any department shall receive a rate of pay less than fixed herein as a
minimum of two years of experience. For the purpose of this section, the force shall be divided into two departments: (a) Editorial department employees
and (b) all other employees covered by this Agreement.

Section 9
. Any dollar differential above the minimum shall be maintained when minimums are increased or as otherwise provided in this contract. An employee
advancing through the schedule of minimums shall receive the increase provided thereby on each anniversary of employment in his/her classification.

Section 10
. There shall be no reduction in salaries during the life of this Agreement except as otherwise provided within this contract.

Section 11
. Should the Publisher create a new job, he shall furnish the Guild with the proposed job description and the parties shall negotiate a new minimum.

Section 12
. The foregoing rates are minimum wage rates and nothing in the Agreement shall prevent employees from bargaining individually for pay increases in excess
of the minimums established herein. Individual merit may be acknowledged by increases above the minimums.

ARTICLE 8

HOURS AND OVERTIME

 

Section 1
. The five-day, 40-hour week shall prevail.

Section 2
. The working day shall consist of eight (8) hours falling within nine (9) consecutive hours. District Carrier Managers, at their sole discretion, are
exempted from this provision.

(a) With the mutual agreement of the employee and supervisor, a 4-day 40-hour week may be worked for business reasons on an individual basis under this
section. The working day under this Section shall consist of ten (10) hours falling within eleven (11) consecutive hours.

(b) Upon an employee’s request, time off may be granted for personal leave, the time to be made up with the approval of the supervisor.

Section 3
. The Publisher shall compensate authorized overtime at the rate of time and one-half (x 1 ½). An employee authorized to work a sixth or seventh
consecutive shift (fifth or sixth consecutive shift for an employee working a 4-day week schedule), or on his scheduled day off, shall be paid time and
one-half (x 1 ½) for all time worked, with a minimum of eight (8) hours pay at the overtime rate, except in an emergency, and at the employee’s discretion,
the minimum shall be four (4) hours. Work in excess of sixteen (16) hours in any day or fifty-six (56) hours in any workweek shall be compensated at the
rate of double time (x 2).

Section 4
. The Publisher shall cause a record of all overtime to be kept. Such a record shall be made available to the Guild on request. Overtime is defined as work
beyond the unit of hours in the workday or days in the workweek, or any work outside the properly posted scheduled hours. Work schedules shall be posted by
noon on Thursdays for the next succeeding week starting on Monday and shall not be altered except by mutual consent of the department head and the
employee. If there is no mutual consent and the employee is called back on his/her day off as scheduled, then the provision concerning work on days off
prevails. However, if there is mutual agreement for a change of days off between employees in the same department, then there is no time and one-half
penalty due nor a compensating day off.

Section 5
. Full-time employees called back after the regular day’s or night’s work will be paid a bonus of one (1) hour’s pay plus pay for the time worked at time
and one-half (x 1 ½) with a minimum guarantee of one (1) hour’s work.

Section 6
. Part-time employees called back after the regular day’s or night’s work will be paid a bonus of one (1) hour’s pay plus pay for time worked at the hourly
wage with a minimum guarantee of one (1) hour’s work.

ARTICLE 9

SEVERANCE PAY

 

Section 1
. Upon severance, except in cases of gross misconduct, resignation, retirement or death, all regular, full-time employees after completing at least one (1)
year of credited service, shall receive a cash payment equal to one (1) week’s pay for each year of credited service or major fraction thereof for the
first five (5) years of said employee’s service; and one (1) week’s pay for each nine (9) months credited service thereafter, up to a maximum of thirty
(30) weeks’ pay for all credited service. Severance pay shall be computed at the highest weekly rate of pay received by the employee during the previous
applicable period.

Section 2
. In the case of dismissal of an employee entitled by years of service to receive severance pay as provided in Section 1, the employee shall receive the
full amount of dismissal pay from the Publisher if he/she has no vested benefits under said Pension Agreement. Employees who have a vested interest under
said Pension Agreement shall receive severance pay from two sources: his/her vested interest from the Pension Trust Fund and the balance, if any, from the
publisher up to a total amount as stipulated in Section 1 of this Article.

Section 3
. Severance pay upon the death of an employee shall be paid in the form of a death benefit pursuant to Article 16 of the Pension Agreement.

ARTICLE 10

PENSION

Section 1
. Terms and conditions of retirement for all regular full-time employees in the collective bargaining unit represented by the Guild, except those otherwise
exempted, are specified in the Pension Agreement between the Guild and the Publisher, as amended effective May 1, 1979, duration of which is hereby made
co-extensive with this Collective Bargaining Agreement.

Section 2
. The Plan was revised to reflect the following: Employees with twenty (20) years or more service as of March 31, 2009 had their benefit years frozen at
their current level. Employees with less than twenty (20) years of service continued to accumulate benefit years to a maximum of twenty (20) years.

Section 3
. The Plan was frozen as of August 1, 2011.

Section 4
. The Star-Journal Publishing Corp. and the Denver Newspaper Guild agree to terminate the Guild Pension Plan in the manner described below:

The termination of the Guild Pension Plan will be a Pension Benefit Guaranty Corporation (PBGC) Standard Termination that will be a multi-step process:

Step 1
: Enough money will be contributed to the Plan to increase the funding level to eighty per cent (80%). This will allow employees who are terminating their
employment to receive their entire pension benefit in the form of a single payment (lump sum). The participant always has the option to receive monthly
pension payments if their lump sum is at least $1,000. If the lump sum is less than $1,000 the lump sum is automatically paid. Lump sum payments are
eligible to be rolled over to an IRA account. The funding level is the ratio of plan assets to the plan’s liability for all benefits yet to be paid.

Step 2
: Former employees who have not commenced payment of their entire pension will be eligible to receive the remaining portion of their pension payment in the
form of a lump sum if they elect to do so. Some former employees only took one-half of their pension as a lump sum because of IRS restrictions and left the
other one-half in the Plan. When the funding level is increased to eighty per cent (80%) these participants will be eligible to take the remaining one-half
of their pension as a lump sum.

Step 3
: Benefits will be calculated for all remaining Guild employees and all required notices for these employees will be prepared. This process could take the
remainder of 2013. Once this is done the final Step 4 will commence.

Step 4
: A 60-day advance notice of the termination must be given to all participants and to the Union. The Pension Benefit Guaranty Corporation (PBGC), a
government agency, must be notified of the plan termination and be provided some of the details of the termination. The PBGC will take 60 days to review
the information provided to them. The Plan termination may also be submitted to the Internal Revenue Service (IRS) for a final review. If this is done it
could take the IRS one year to complete their review. A decision to file with the IRS will be made later this year after consultation with legal counsel.
Final lump sum distributions to active employees who are plan participants cannot take place until all government reviews are completed but lump sum
payments can be made to participants who terminate employment during the review process.

After all government reviews have been completed enough money will be contributed to the Plan to increase the funding level to one hundred per cent (100%)
of funds needed to pay a lump sum or to purchase an annuity contract for each Plan participant. All remaining participants who have not commenced pension
payments as of the date of the Plan termination will have the option of receiving a lump sum payment of receiving an immediate monthly pension or they may
elect a deferred monthly pension. The annuity contracts shall provide for benefit amount, early retirement factors and optional forms of distribution as
provided for in the current plan document.

Any currently active Guild employee who is a participant in the Plan as of the termination date will become one hundred per cent (100%) vested in his/her
pension benefit earned through the date the Plan was frozen. The Plan was frozen in July 2011.

For those participants currently receiving a monthly pension as of the date of termination an annuity contact may be purchased to continue paying the
monthly pension. It is possible that these participants could be offered the option of a lump sum payment. The Plan Sponsor will decide whether or not to
offer a lump sum to these participants at a later date after the plan termination date.

Section 5
. The Publisher will make every reasonable attempt to close the pension by December 31, 2014.

ARTICLE 10B


TAX DEFERRED SAVINGS PLAN

Section 1
. The Publisher shall offer a 401(k) plan to all employees covered by this Agreement. The Publisher match at the rate of fifty per cent (50%) up to a
maximum Employer contribution of three percent (3%) of the employee’s compensation shall remain suspended indefinitely.

ARTICLE 11

HOLIDAYS AND DAYS OFF

 

Section 1
. The following holidays shall be granted to all regular full-time employees and temporary full-time with full pay: two floating holidays which shall
accrue to an employee after his/her completion of one year of continuous service; New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day. The department head shall be notified at least two (2) weeks in advance of the employee’s choice of his/her floating holidays, which
can be earned twice in a calendar year and taken on a mutually agreeable day. If two or more employees in the same department or section request the same
floating holiday, the department head will endeavor to grant the requests but if he/she must limit the number, requests will be granted in the order
received by the department head.

Section 2
. Days off as provided in this Article shall be taken within six (6) months at a mutually agreeable time or mutually agreed upon extension, except
Thanksgiving Day, Christmas Day, and New Year’s Day may, if necessary, be taken up to August 1st of the year following the Thanksgiving and Christmas
holidays. After December 31st, employees will be entitled to schedule accrued vacation on a first come, first-served basis from times remaining open.

Section 3
. When a full-time employee works on a designated holiday he/she shall not be paid holiday pay, but shall be paid for hours worked at the rate of two times
(2x) their normal straight-time rate for time worked as authorized by the department head with a minimum of eight (8) hours pay at the double time rate.

Section 4
. If a holiday falls on a regular full-time employee’s day off, the employee will be paid holiday pay at their straight time rate. If a holiday falls
during an employee’s vacation, the employee will be paid holiday pay at their straight time rate and will not be charged a vacation day.

Section 5
. Part-time employees who work on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall not receive holiday
pay, but shall be paid for hours worked at two times (2x) their straight-time hourly wage. Additionally, any part-time employee who has worked at least
one-thousand (1000) hours in the preceding calendar year will receive one (1) floating holiday paid at straight time.

ARTICLE 12


VACATIONS

Section 1
. All employees shall receive vacations as hereinafter provided:

(a) Employees who have been continuously employed for less than one (1) calendar year as of January 1 of the current calendar year shall receive one (1)
day of vacation for each twenty-five (25) days worked in the preceding calendar year up to a maximum of ten (10) days, which shall be taken during the
current calendar year. No employee shall be entitled to any vacation, however, until he/she has completed six (6) continuous months of employment.

(b) Employees who have been continuously employed during the entire preceding calendar year as of January 1 of the current calendar year shall receive
vacation with pay during the current calendar year at the rate of one (1) day of vacation for each twent-five (25) days worked in the preceding calendar
year up to a maximum of ten (10) days.

(c) Employees who have been continuously employed for four (4) years as of January 1 of the current calendar year shall receive vacation with pay during
the current calendar year at the rate of one (1) day of vacation for each sixteen (16) days worked in the preceding calendar year up to a maximum of
fifteen (15) days. Time spent on paid sick leave by employees covered by this subsection (c) shall be considered time worked for the purpose of computing
vacation credit, provided such leave is for a major illness or disability.

(d) Effective January 1, 1980, employees who have been continuously employed for twelve (12) years as of January 1 of the current calendar year shall
receive vacation with pay during the current calendar year at the rate of one (1) day of vacation for each of twelve (12) days worked in the preceding
calendar year up to the maximum of twenty (20) days. Time spent on paid sick leave by employees covered by this subsection (d) shall be considered time
worked for the purpose of computing vacation credit, provided such leave is for a major illness or disability.

(e) Employees may carry over vacation time from one calendar year to the next if an employee’s scheduled vacation is canceled by mutual agreement at the
request of management. Any carryover for that reason shall be scheduled and taken by March 31 of the following year.

(f) In the application of the foregoing vacation accrual formula, employees who have worked a minimum number of shifts as follows will receive a full
vacation entitlement:

2 weeks vacation …………………. 235 shifts

3 weeks vacation …………………. 230 shifts

4 weeks vacation …………………. 225 shifts

Vacation credits will continue to accrue during the first six months of absence during a major illness or disability.

Section 2
. Vacations shall be arranged according to seniority with the efficient operation of the department given due consideration. Department heads shall post
vacation choice calendars by December 1 of each year and employees shall make their choice of vacations during December, based on full-time seniority or
lose their seniority rights in making such selection. After December 31, employees will be entitled to scheduled accrued vacation on a first come, first
served basis from times remaining open. The entire calendar year shall be considered the vacation period.

Section 3
. Upon termination of employment an employee or his/her estate in case of death shall receive accrued vacation pay owed.

Section 4
. Part-time employees shall be granted time off in accordance with the above schedule provided payment shall be pro-rated.

Section 5
. For the life of this Agreement, employees hired after ratification of this Agreement shall receive a minimum of one (1) week of vacation per year.

ARTICLE 13

HEALTH & WELFARE PLAN

 

Section 1
. A health and welfare plan for each regular full-time employee shall be maintained and paid for by the Publisher as follows to provide the employee with:

(a) Life Insurance of $50,000.

(b) Accidental Death or Dismemberment Insurance of $50,000.

Section 2
. After each year of continuous service, full-time employees are credited with 64 hours (eight days) of sick leave. There will be no carry-over of sick
leave. Effective January 1, 2014, each regular full-time employee shall be granted, on an annual basis, an additional ten (10) days of sick leave to be
used only if the employee qualifies for short-term disability. The ten (10) days of sick leave shall be used for the qualifying period and will be awarded
retroactively, if necessary, upon qualification for short-term disability.

The Publisher reserves the right to verify the illness or disability of any employee availing him/herself of the benefits of this section.

Section 3
. The Publisher shall maintain a group health plan or plans. Publisher will pay ninety per cent (90%) of the medical premium for single coverage. Eighty
per cent (80%) of the medical premium for single plus spouse coverage and employee plus child(ren) coverage, and seventy-five per cent (75%) of the medical
premium for family coverage. Effective January 1, 2015 the Publisher will pay eighty per cent (80%) of the medical premium coverage for all levels of
coverage. The Publisher will maintain the dental plans now in effect. It is understood that the Publisher will make no contribution toward the dental plan
for any employee or dependent. The Publisher will provide up to $150.00 annual allowance toward the uninsured cost of vision care. The Publisher will
require proof of such costs before such reimbursement.

New employees are eligible to participate in the insurance program beginning the first day of the month following forty-five (45) days of employment. If
application is not made within the specified period, enrollment may be made only during the open enrollment period.

Section 4
. If the Publisher offers three health plans, the Base plan, Buy-up plan and Buy-down plan, the parties agree that premium percentages paid by the
Publisher shall apply only to the Base plan. For the Buy-up plan and Buy-down plan, the Publisher shall pay the premium amount the Publisher would pay for
the Base plan and the employee shall pay the remainder of the premium.

Section 5
. An employee who is absent on account of sickness which extends beyond the period during which payment is provided for in the foregoing schedule shall be
considered on sick leave not to exceed eighteen (18) months.

Section 6
. Part-time employees who have not completed 2,080 hours of continuous employment, who wish to participate in the health insurance plans, who are not
eligible for group rate under any other policy, may do so by paying the full premium through payroll deduction provided the employee’s earnings after other
deductions are sufficient to permit the necessary single or family deduction for the premium. After the part-time employee has completed 2,080 hours of
continuous employment, the Publisher will pay sixty per cent (60%) of the single coverage rate. The part-time employee who wishes to participate after 2080
hours may be enrolled only during the next following open enrollment period.

Section 7
. Employees granted leaves of absence under Article 18 shall have the option of retaining health insurance benefits at the group rate and with all group
benefits. Arrangements for payment of premiums by the individual in such instances shall be made with the Business Office at the time of exercise of such
action.

Section 8.
The Publisher shall provide a short term disability policy. The employee shall enroll in and pay for the premium amount of the short term disability policy
through automatic payroll deduction.

ARTICLE 13B

VDT’S

Adjustable chairs shall be provided for all employees operating VDTs, foot rests, wrist rests, glare shields, copy holders and task lighting shall be
provided upon the employee’s request. In addition to normal breaks, employees engaged in sustained or highly repetitive work on display terminals are urged
to take a stretch break of at least five minutes after each hour of VDT work.

ARTICLE 14

GRIEVANCE PROCEDURES

Section 1
. The Guild shall designate a committee of its own choosing to take up with the Publisher or his authorized agent any matter rising from the application of
this Agreement affecting the relations of the employees and the Publisher.

(a) Grievances must be raised within thirty (30) days of the date of occurrence or within thirty (30) days from that date on which the Union became aware
of the circumstances being grieved. This time limit shall not in any way be cause to limit a remedy, either in settlement discussions or in arbitration,
should the circumstances giving rise to the grievance involve losses prior to the 30-day filing limit.

Section 2
. The Publisher agrees to meet with the committee within seven (7) calendar days after the request for such meeting. Efforts to adjust grievances shall be
made on company time.

Section 3
. If the parties are unable to adjust any grievance within thirty (30) days from the date of the Section 2 meeting, either party may submit the grievance
to a board of arbitration. A grievance may not be moved to arbitration later than sixty (60) days following the Section 2 meeting. The parties shall each
designate two representatives to the board and these four shall select a fifth member to serve as chairperson. If the parties fail to agree on a
chairperson within ten (10) days, the chairperson shall be selected from a list of neutral arbitrators submitted by the Federal Mediation and Conciliation
Service. The decision of the majority of the board of arbitration shall be binding upon the Publisher and the Guild. By mutual agreement of the parties the
dispute may be submitted to a single arbitrator selected as outlined above. Costs of the arbitration shall be borne equally by the parties, except that no
party shall be obliged to pay any part of a stenographic transcript without expressed prior consent.

Section 4.
The time limits established herein may be extended by mutual agreement of the parties.

ARTICLE 15

EMPLOYEE SECURITY

Section 1
. There shall be no dismissals except for just and sufficient cause.

Section 2
. There shall be no dismissal of or other discrimination against any employee because of his/her membership or activity in the Guild. There shall be no
interference or attempt to interfere with the operation of the Guild. There shall be no discrimination against any employee because of age, gender, race,
creed, color, national origin, sexual orientation, political activities or political beliefs, or disability.

Section 3
. The Guild and the employee shall be notified two (2) weeks in advance of any dismissal, or the employee shall be paid two (2) weeks of pay upon notice of
dismissal, with the reason for the dismissal expressly stated in such notice. It is understood, however, that the two (2) weeks advance notice need not
apply in the event of a dismissal resulting from theft of company funds, willful misuse of company property, willful disregard of work instructions, gross
misconduct or repeated unexcused absences or tardiness. The Guild shall in any event receive prompt written notice with the reason for such dismissal
expressly stated.

Section 4
. There shall be no dismissals for a period of two weeks following notification required in paragraph (a) during which period the Publisher shall accept
voluntary resignations or retirements from employees in the classification involved, with such employees being paid the amount of severance pay provided in
Article 9. The number of employees to be dismissed shall be reduced by the number of resignations and retirements. Remaining dismissals, if any, shall be
made in inverse order of seniority, except that a junior employee may be retained if he/she has proven, based on objective and quantifiable criteria as
determined by the company through its formal evaluation process, that he/she is significantly and demonstrably more capable to perform the job. Should the
Union or the laid off employee object when a junior employee is retained, the parties agree that the fairness and administration of the formal evaluation
process may be challenged by the Union as part of its grievance.

(a) The Publisher shall notify the Guild of any proposed dismissals, specifying the job title, number of employees involved and the reasons for such
proposed dismissals.

(b) Any employee scheduled for dismissal because of a reduction in the force may elect to move into a lower classification in which he/she has worked
rather than be dismissed, provided he/she is physically capable. He/she may displace an employee in such lower classification with less seniority.

(c) Employees dismissed to reduce the staff shall be placed on a rehiring list for up to one year. Future job openings shall be filled in the following
order of preference:

(1) Present employees from the job classification in which an opening occurs.

(2) Employees who are working in a lower job classification into which they had been bumped and who had previously worked in the higher classification in
which an opening occurs.

(3) Former employees who have been dismissed to reduce the force and who currently are on the rehiring list and who have previously worked in the higher
classification in which the vacancy occurs.

(4) A refusal of rehire by an employee named on the rehiring list shall cause the dismissed employee to be removed from the rehiring list. When an employee
whose name is on the rehiring list is rehired, his/her previous record of employment, but not his/her time spent on the rehiring list, shall be counted in
determining his/her rate of pay, the length of vacation to which he/she is entitled, the period of sick pay benefits to which he/she is entitled, his/her
seniority for vacation preference, his/her seniority for dismissal, severance and/or pension benefits; provided, on rehire an employee shall have the
option of refunding all severance and/or pension benefits he/she may have received on dismissal. If the employee elects not to repay severance and/or
pension benefits, future severance and/or pension benefits shall commence on the date of rehire. His/her loss of credit for pension benefits for his/her
precious period of employment shall be to the extent provided by the Pension Agreement.

(5) Seniority means the length of continuous employment. Employment shall be deemed continuous as limited by Article 15, Section 4 (c) unless interrupted
by dismissal for just and sufficient cause, resignation or refusal to accept an offer of rehire into the classification in which he/she worked when
dismissed. Any period of employment for which severance has been paid and not refunded shall not be counted as employment in calculating severance pay,
which may again become due after rehire.

Section 5
. No full-time employee shall be transferred by the Publisher involving changes such as from advertising sales to reporter and similar major changes
without the consent of the employee concerned. In the event the performance of a job of a regular full-time employee should become more feasible on a
different shift, the employee may be transferred from day to night or night to day. The Publisher will provide the employee concerned with fourteen (14)
days notice of the change. In the event the shift becomes available again, the employee shall be offered the opportunity to return to it. Part-time
employees may be transferred by the Publisher from day to night or night to day without the consent of the employee. No such employee will be required to
return to work within eight (8) hours of his/her immediately preceding shift except in the case of an emergency.

Section 6
. There shall be no dismissals as a result of putting this Agreement into effect.

Section 7
. The Guild shall be given at least one-month notice of intent to introduce new or modified equipment, machines, apparatus or processes which will create
new job classifications or subsequently alter the job content of existing job classifications. Employees shall be retrained at the expense of and on the
time of the Publisher. If the employee does not wish retraining or to continue in the job offered, or cannot otherwise qualify, he/she shall be allowed to
resign and receive accrued dismissal pay.

Section 8
. The Publisher shall furnish to the employee a copy of any criticism of an employee’s performance at the time such comments are placed in the employee’s
personnel file and the employee shall have the right to respond to anything contained therein. The employee shall have the right to review his/her
personnel file.

Section 9
. The terms of any buyout offer shall be negotiated with the Guild.

ARTICLE 16

EXPENSES AND EQUIPMENT

 

Section 1
. The Publisher shall pay all legitimate expenses incurred by the employee in the service of the Publisher and shall compensate for the use of an
automobile in the service of the Publisher at the IRS allowable mileage rate less twenty-two cents (22¢) per mile.

Section 2
. Employees that are required to drive their personal vehicle for business purposed shall maintain, at their own expense, auto insurance coverage at the
levels mandated by Colorado law. Employees are required to provide proof of coverage to the Publisher upon request.

Section 3
. Necessary working equipment shall be provided to employees and be paid for and maintained by the Publisher, except automobiles, the use of which shall be
compensated for as provided in Section 1. If employees choose to use their own personal equipment in the performance of their job duties, they do so at
their own risk, and the Publisher will not in any way be responsible for the loss or damage of such equipment, unless prior written permission of the
Publisher to use personal equipment is obtained.

Section 4:
For employees who use personal photographic equipment on the job, the Publisher shall pay costs of membership in the National Press Photographers
Association and shall pay the premiums for equipment insurances offered through the NPPA.

ARTICLE 17

MILITARY SERVICE

 

Section 1.
The Publisher will comply with the requirements of the Uniformed Service Employment and Reemployment Act of 1994 (USERRA).

Section 2
. Upon release from qualifying service, an employee shall resume his/her position or a comparable one and be in the same salary bracket as that in which
he/she would have been if his/her service with the Publisher had been continuous.

Section 3
. In the event a returning veteran is unable to resume his/her former employment, the Publisher shall make all efforts to place him/her in other acceptable
employment and shall consult with the Guild thereon. If such other employment is not found, the employee shall receive severance pay provided in Article 9.
If an employee dies while in a qualifying service, the amount of severance pay shall be paid in accordance with Article 9.

Section 4
. An employee displaced by a returning veteran shall be placed on a preferential hiring list for a period of one year to be hired before any new person is
employed.

Section 5
. Leaves of absence shall be granted to employees for annual training service with the National Guard, the Army, Navy, Marines, Air Force or Coast Guard
Reserve when required to serve. The employee must inform the Publisher of his/her military reserve status and must give immediate notice of any military
service training dates. Leaves of absence shall be granted to employees who are required to serve during periods of temporary emergency. The Publisher
agrees to pay the employee the difference between the total daily compensation the employee receives for the emergency service and his/her salary for a
period not to exceed one (1) week.

Section 6
. Nothing contained in this Article shall be construed as a waiver of any statutory rights an employee has under USERRA.

ARTICLE 18

LEAVES OF ABSENCE

 

Section 1
. In the event an employee other than a temporary employee is elected as a delegate to The Newspaper Guild convention, either national or local, or to a
special meeting called by The Newspaper Guild, he/she shall be given a leave of absence with pay and such leave shall be deducted from vacation time earned
by him/her in the same vacation period, or if the employee so desires, he/she shall be considered on leave of absence without pay until his/her return and
shall resume his/her position with all rights under the agreement unimpaired. It is understood that no more than four weeks, exclusive of vacation time,
will be devoted to Guild activities on the above.

Section 2
. By written agreement with the Publisher, employees other than temporary employees may be granted leaves of absence without pay. Such leaves shall not be
construed as breaks in continuity of service although the time spent on such leaves shall not be considered as service time in considering severance pay
and vacations at the option of the Publisher.

Section 3
. Upon request, an emergency leave of up to three (3) days will be granted for deaths in the immediate family which occur in the state of Colorado, and up
to four (4) days for deaths in the immediate family which occur outside the state of Colorado. The words “immediate family” shall include the employee’s
parents, grandparents, husband or wife, parents of spouse, children, grandchildren, brothers, sisters, stepparents, stepchildren, stepbrothers,
stepsisters, or any relative residing with the employee. In cases of death occurring out of town, such additional time off as may be necessary shall be
provided. All such days off as provided in this Section 3 in excess of three (3) (four (4) if out of state) days shall be charged against days off which
said employee has accumulated or will accumulate. Part-time employees with twelve (12) months of continuous service shall receive paid leave up to three
(3) days (four (4) if out of state) at their average daily pay of the prior four (4) weeks. Part-time employees with less than twelve (12) months of
continuous service shall receive unpaid leave in accordance with the above.

Section 4
. Upon request, women who have used all accrued vacation shall be granted additional unpaid leave for the purpose of child care/maternity. In no event
shall the total of sick leave, vacation, and unpaid leave for maternity/child care exceed one (1) year. The employee shall notify the Publisher of her
intention to take such leave and its expected duration at least two (2) weeks prior to the beginning of the leave. The Publisher will pay the health
insurance premium for the period from the end of the paid leave time for a maximum of three (3) months. An employee on childcare leave shall not accrue
service benefits and shall return to prior pay and benefit level.

Section 5
. An employee eligible for FMLA shall use FMLA concurrently with sick leave. After all available sick leave is used, upon the employees or the Publisher’s
request, the employee shall use available vacation time concurrently with FMLA, except that an employee’s request to retain one (1) week of vacation for an
already scheduled vacation week shall not be unreasonably denied.

ARTICLE 19

MISCELLANEOUS

Section 1
. (a) An individual employee’s byline or credit line shall not be used over his/her protest, such protest to be for professional reasons. (b) Reporters,
when practical, shall be consulted about substantive changes in their stories before they appear in the newspaper. If the reporter cannot be contacted and
the editors determine that the stories must appear in the newspaper, the reporter’s byline shall be removed. (c) If a question arises as to the accuracy of
a published news story, the Publisher, when practical, shall consult with the reporter before printing a correction or retraction of the story.

Section 2
. The Publisher agrees to provide space for bulletin boards of not less than 3 feet by 3 feet in all departments for the exclusive use of the Guild.

Section 3
. The Publisher agrees not to have or enter into any agreement with any other Publisher, Press Association, Syndicate or other employer not to offer or
give employment to the employees of the Publisher.

Section 4
. During the term of this Agreement, no strike, work stoppage or boycott shall be called or lockout ordered: (a) to change the terms of this Agreement, or
(b) during the settlement of or arising from grievances under this contract as set forth in Article 14 hereto.

Employees shall not be required to cross any picket line where there is a threat of danger or bodily harm but during such time they shall not be entitled
to any salary from the Publisher.

Section 5
. Employees shall be free to engage in activities outside of working hours, provided such activities do not consist of services performed for publications,
radio or television stations in direct competition with the Publisher without the expressed consent of the Publisher. No employee shall exploit his/her
connection with the Publisher in the course of such activities without the Publisher’s expressed consent. When an employee is given the use of the
Publisher’s facilities in outside activities he/she may render to the Publisher an accounting of the revenue derived there from.

Section 6
. A regular full-time employee called to jury panel or subpoenaed or summoned as a witness in an official court proceeding shall notify his/her supervisor
and will be excused from his/her work to report for this duty. If not selected as a juror or not needed as a witness, and when excused, the employee shall
return to work without delay and will be paid for the time absent. If the employee is selected as a juror or is scheduled to testify, he/she shall notify
his/her supervisor as soon as possible and inform his/her supervisor of his/her selection and schedule. Full wages shall be paid to an employee while
serving as a juror or while testifying as a witness. The Employee shall pay to the Publisher any remuneration which he/she receives for reporting for jury
duty, serving as a juror or appearing as a witness. A night shift employee who is required to spend all day in court shall not be required to work on the
day or days so spent, and shall receive full pay.

Section 7
. The Publisher agrees to furnish at all times a healthful, sufficiently ventilated, properly heated and well lighted place for the performance of all work
done within the newspaper plant. The employees agree to assist in maintaining clean, healthful rooms in which to perform all duties.

Section 8
. Employee telephone calls and electronic messages will only be monitored for business purposes.

Section 9.
Cell Phones. The company will reimburse employees for cell phone usage according to the following categories:

a). News reporters; Business Reporters; Sports Reporters; District Managers; Outside Sales Representatives; State Circulation Managers; and Advertising
Photographer; $45 a month:

b). Photographers and Police Reporter: Cell Phone Provided.

Any individual employee who demonstrates that the regular business use of his/her cell phone is such that they should be reimbursed at a higher level will
be.

Section 10: Pueblo West View.
Effective March 30, 2009 all new personnel performing advertising work at the Pueblo West View shall be hired under the terms of the Collective Bargaining
Agreement and shall be treated as Outside Sales Staff within the Guild’s jurisdiction. The parties shall meet to negotiate the wages of such new personnel
prior to hiring.

ARTICLE 20

JURISDICTION

 

Section 1
. The jurisdiction of the Guild is:

(a) The kind of work either normally or presently performed within the unit covered by this contract.

(b) Any kind of work similar in skill or performing similar function, as the kind of work either normally or presently performed in said unit, and,

(c) Any other kind of work assigned to be performed within said unit. Performance of such work whether by presently or normally used processes or equipment
or by new or modified processes or equipment, shall be assigned to employees of the Publisher covered by this contract. However individuals filling
positions excluded by Article 2 — Exceptions — may continue to perform the work they have typically and historically performed.

ARTICLE 21

FULLY BARGAINED

 

Section 1
. The parties acknowledge that they have fully bargained on all bargainable matters and this contract represents the two parties’ complete agreement of
said bargaining.

ARTICLE 22

CHANGE OF OWNERSHIP

The employer agrees that it shall give written notice of this Agreement and of all the clauses contained herein to any prospective purchaser, transferee,
lessee, or assignee. A copy of such written notice shall be furnished to the Union within fourteen (14) days after the effective date of the sale,
transfer, lease or assignment.

ARTICLE 23

SUBSTANCE ABUSE/TESTING PROCEDURE

 

I. Drug and Alcohol Testing

a) An employee whose conduct indicates that he/she is not in a physical condition that would permit the employee to perform in a job safely or efficiently
will be subject to submitting to a body substance sample in order to determine the presence of drugs or alcohol.

A supervisor must have reasonable suspicion to believe that the employee has illicit drugs in his-her system or that he/she is impaired by alcohol before
they seek a body substance sample. Reasonable suspicion includes significant and observable changes in an employee’s performance, appearance, behavior,
speech, odor, etc. It may also include unusual attendance problems. Any requirement for an employee to submit to testing must be approved by the general
manager or his designee.

b) Failure to submit to a body substance sample under conditions described in the program may be grounds for discipline up to and including termination.
Employees who feel that they have a legitimate grievance must still submit to the test and then file a grievance in accordance with the Labor Agreement. An
employee may forego the test if the employee voluntarily consents to obtain assistance through the Employee Assistance Program and, if recommended,
immediately enters into a structured treatment program as prescribed by EAP. Failure to enter, remain, or successfully complete such a program will result
in termination of employment.

c) The Company shall select reputable facilities for base testing and confirmatory testing at Company expense.

The facility for confirmatory test must meet all standards set by Federal Health Agencies for laboratory performance and they must employ certified Medical
Technologists and Technicians. The Union will be provided with the testing facilities’ names, addresses and credentials if requested.

d) Employee representatives and/or the employee will have the opportunity to review the testing procedure.

e) All samples, which test positive, will be confirmed using a gas chromatography/mass spectrometry test or a superior or equally reliable test if same
becomes reasonably available.

f) The employee will have the opportunity to have a positive sample tested by a laboratory that meets the same criteria as in C. above and be approved by
the Company in order to insure that the same testing methods are being followed. It is important that the individual who is being tested furnish enough
specimens (at least 100-m.) so that the sample may later be split and sent to the employee’s testing facility. If the employee passes the second test, the
test will be at the company’s expense. If the employee fails the second test, the test will be at the employee’s expense.

Accepted chain of custody procedures must be followed and the test facility must meet all standards set by Federal Health Agencies for laboratory
performance using certified Medical Technologists and Technicians. An employee may request the independent test by notifying the Human Resources
Representative or Plant Superintendent in writing within two calendar days after the day the employee is informed of the results. The test result will be
kept confidential and will be available only to a designated employer representative, a designated Union representative or a designated legal
representative.

g) None of the testing procedures are intended to be in violation of the law; and if they are, they shall be eliminated without interfering with other
parts of this Agreement.

II. Employee Assistance and Rehabilitation

a) It is the intent of the parties to correct problems associated with drugs and alcohol through the EAP rather than to initially penalize based on test
results. An employee whose test results indicate an unacceptable level of drugs or alcohol shall be required to participate in the EAP as a condition of
employment.

b) Employees who voluntarily seek help through the Employee Assistance Program, except for those who participate under I-B above, will not have their job
security and promotional opportunities jeopardized by self-identification. Request for assistance, the results of treatment and counseling shall be kept
confidential.

c) Whether an employee volunteers to participate in the EAP or is required to participate as a condition of continued employment, that employee shall
continue to be subject to the same rules, working conditions and disciplinary procedures in effect for other employees, i.e., employees cannot escape
discipline for future infractions by being enrolled in the EAP. Employees, who become repeat offenders under this policy, shall undergo evaluation on a
case by case basis as the merit of rehabilitation with the alternative of either being in unpaid leave or dismissal.

III. Impairment Levels

a) For the purpose of this program the impairment standard has been established at .05% blood alcohol or the level for DUI as established by Colorado law.

b) Limits of Detectable Levels of Impairment of Selected Drugs in urine:

Drug Approximate

Duration of

Detectability

Limits of

Detectability

EMIT

GC/MS
Amphetamine

Barbiturates

Benzodiazepines

Carboxyl

48 Hours

48-72 Hours

72 Hours

1-7 Days

Occasional

500 ng/ml

300 ng/ml

300 ng/ml

15 ng/ml

500 ng/ml

150 ng/ml

150 ng/ml

15 ng/ml

1-4 Weeks

Chronic

Cocaine Metabolite

Methadone

Opiates

PCP

12-24 Hours

24-72 hours

48 Hours

1-8 Day

300 ng/ml

300 ng/ml

300 ng/ml

25 ng/ml

150 ng/ml

150 ng/ml

150 ng/ml

25 ng/ml

 

ARTICLE 24


DURATION AND RENEWAL

Section 1
. This Agreement shall commence on October 7, 2013, and expire on March 31, 2015.

Section 2
. Within ninety (90) days prior to the termination of this agreement the Publisher or the Guild may initiate negotiations for a new agreement.

This agreement is made as of October 7, 2013.

Signed:

The Denver Newspaper Guild, The Star-Journal Publishing Corp.

CWA-Local 37074

Margie Strescino Jane L. Rawlings, Assistant Publisher

Gayle Perez Ray M. Stafford, Chief Operating Officer

Jeff Letofsky

Tony Mulligan

Signed: January 14, 2014

MEMORANDUM OF AGREEMENT # 1

Between

The Denver Newspaper Guild

CWA-Local 37074

And

Star-Journal Publishing Corporation

The Star-Journal Publishing Corp. and the Denver Newspaper Guild agree to the following:

  1. Wages to be paid under this Memorandum of Agreement (MOA) shall be 6.5% below the wage scales contained in the Collective Bargaining Agreement (CBA) as
    previously calculated.
  1. For the life of this agreement, the workweek shall consist of eight hours falling within nine consecutive hours four days per week, and six and a half
    hours falling within seven and a half consecutive hours one day per week.
  1. Employees shall be required to take two unpaid furlough days per year. The supervisor will make a reasonable effort to accommodate the employee’s
    request to schedule the furlough day.
  1. The Publisher will pay out all unused vacation through 12/31/13 in a lump sum payment (less required deductions) before the end of 2013.

5. This MOA shall be effective with ratification of the contract. Expiration of this MOA shall be subject to the provisions of Article 24, Section 2 of the
CBA.

The Denver Newspaper Guild The Star-Journal Publishing Corp.

Margie Strescino Jane L. Rawlings, Assistant Publisher

Gayle Perez Ray M. Stafford, Chief Operating Officer

Jeff Letofsky

Tony Mulligan

Signed: January 14, 2014

SEIU | Service Employees International Union

AGREEMENT BETWEEN

Denver Newspaper Guild-CWA Local 37074 (Union)

and

SEIU Local 105 (Employer)


Mission Statement
ARTICLE 1 – Recognition
ARTICLE 2 – Non-Discrimination
ARTICLE 3 – Union Membership and Check-off
ARTICLE 4 – Issue Resolution
ARTICLE 5 – Corrective Action and Discipline
ARTICLE 6 – Grievance and Arbitration Procedure
ARTICLE 7 – Seniority
ARTICLE 8 – Hours of Work
ARTICLE 9 – Holidays
ARTICLE 10 – Vacation
ARTICLE 11 – Sick Leave, Insurance, Hospitalization and Pension Plans
ARTICLE 12 – Leaves of Absence
ARTICLE 13 – Staff Development
ARTICLE 14 – Rights of Management
ARTICLE 15 – No Strike – No Lockout
ARTICLE 16 – Union Political Activity
ARTICLE 17 – Expenses
ARTICLE 18 – General Wage Provisions
ARTICLE 19 – Health and Safety
ARTICLE 20 – Collaborative Leadership Committee
ARTICLE 21 – Term of Agereement
Letter of Understanding No. 1
Letter of Understanding No. 2
Letter of Understanding No. 3

AGREEMENT BETWEEN
DENVER NEWSPAPER GUILD-CWA Local 37074
(SEIU LOCAL 105 FIELD STAFF)
AND
SEIU LOCAL 105

This Agreement is entered into by and between SEIU Local 105 hereinafter referred to as SEIU and the Denver Newspaper Guild-Communications Workers of America Local 37074 hereinafter referred to as “DNG”.

MISSION STATEMENT

Our mission in SEIU Local 105 is to improve the lives of working people and their families and lead the way to a more just and humane society.

The parties agree that our joint mission is to advance the interests of Local 105 members, to build power for all working people and to be a leader in the progressive labor movement.

All parties to this agreement agree to maintain an atmosphere of mutual responsibility, dignity and respect to ensure that these objectives are achieved.

ARTICLE 1
Recognition

SEIU hereby recognizes DNG as the exclusive collective bargaining representative for its field representatives and organizers and other related positions and the past and present work performed by those employees. The parties agree that supervisors, office/clerical employees, temporary employees and project employees (employees hired for special campaigns whose salaries are funded by subsidies from the Service Employees International Union) are not covered by this agreement, except as provided below.

The parties agree that a temporary or project employee whose employment is continued beyond four (4) months shall be reclassified as a regular employee unless the temporary employee is hired to cover the leave or absence of a regular employee, in which case, the temporary status may be for the length of the leave. It is agreed that such temporary and project organizers shall be exempt from the wage provisions of this agreement except that SEIU agrees to negotiate with DNG on wage scale placement when such employee is reclassified as a regular employee. It is also agreed that temporary or project employees are not covered by the contract provisions regarding reduction in force and eligibility for bidding vacancies. Such employees shall be eligible for the other provisions of this Agreement unless mutual written agreement of SEIU and DNG waives other specific provisions.

Temporary or project employees are subject to reassignment for extended and potentially indefinite periods of time. SEIU will, at the time of hire, inform all employees they may be reassigned for extended and potentially indefinite periods of time.

SEIU agrees to notify DNG on a timely basis of any changes which have significant impact on the bargaining unit, including but not limited to, the reassignment of temporary or project employees. Upon request of DNG, SEIU agrees to meet and confer on such issues expeditiously. Further, when such changes meet the legal test for mandatory subjects of bargaining, such bargaining will occur on a timely basis.

ARTICLE 2
Non-Discrimination

This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination, and all other privileges, terms, and conditions of employment. SEIU Local 105 will not discriminate against any person or employee because of race, color, ethnicity, religion, sex, sexual orientation, gender identity*, age, national origin, disability, veteran status, HIV status, immigration status or union activity.

SEIU is an equal opportunity employer. SEIU is firmly committed to maintaining a work atmosphere in which people of diverse backgrounds may grow personally and professionally. All parties to this contract agree to treat each other with respect and dignity.

*For the purposes of this document, “gender identity” refers to a person’s actual or perceived gender, including a person’s gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth as being either female or male.

SEIU considers workplace bullying unacceptable. SEIU encourages all employees to report any instance of bullying behavior to their immediate supervisor and/or another manager. Any reports of this type will be treated seriously and investigated promptly and impartially.

ARTICLE 3
Union Membership and Check-off

Not less than thirty (30) calendar days following the execution of this Agreement or not less than thirty (30) calendar days following the beginning of employment, whichever is later, all employees covered by this Agreement shall, as a condition of continued employment, become and remain members in the Denver Newspaper Guild to the extent of remitting to DNG, an initiation fee and membership dues uniformly required as a condition of acquiring or retaining membership in DNG, whenever employed under and for the duration of, this Agreement.

Upon receipt of a properly signed form, SEIU agrees to deduct all dues, fees and COPE contributions and remit same to the Secretary of DNG or his/her designated recipient.

Per the Constitution and Bylaws of SEIU Local 105, a staff member is eligible to become a regular member or associate member of Local 105. SEIU agrees to deduct membership dues upon receipt of a signed SEIU Local 105 dues authorization card.

ARTICLE 4
Issue Resolution

An effective means of resolving issues is in the interests of all parties. Solving workplace concerns quickly and by those most directly involved is essential to reducing conflicts and grievances and creating a more constructive work environment. This procedure has a system for raising and quickly resolving workplace issues using interest-based problem solving by those directly involved with the issue.

Issue Resolution
Issues are raised at the work unit (team) level and the stakeholders within the work unit will meet in a timely manner to attempt to resolve the concern. If the concern continues to remain unresolved the parties will discuss and mutually agree on any next steps to follow. Issue resolution is an alternative to, but does not replace the Grievance Procedure.
If the concern is generated from the employee to the Union Steward or Representative, the Union shall notify the supervisor. If the concern is generated by the supervisor or by the employee to the supervisor, the supervisor shall notify the Union Steward or Representative about the need for a meeting.

SEIU and DNG agree to attempt resolution through informal discussion so that the submission of a written grievance may not be necessary. The dialogue shall focus on resolving the issue to the satisfaction of all parties on an informal, amicable basis. Facts surrounding the issue(s) shall be presented, reviewed, and options discussed. Issues(s) must be addressed within a reasonable period of time.

ARTICLE 5
Corrective Action and Discipline

The Corrective Action Plan has six levels: Oral Reminder Written Warning and Action Plan, Corrective Action Plan, Suspension, Day of Decision and Termination. The first two steps are informal with no documentation in the personnel file. All general attendance or performance issues begin at Level 1 corrective action and progress through levels 2, 3, 4, 5 and 6. For more severe infractions, the process may begin at Level 3 or above, up to and including Level 6 Termination. The goal is to jointly correct the performance or conduct, rather than punish the employee. An employee who disputes any action at any level under this procedure shall have the right to file a grievance.

All levels, above level 1, of corrective action starts with Joint Objective Discovery (JOD) discussion.

Level 1 – Oral Reminder
Manager and employee meet privately to:

  • Identify the root cause
  • Develop solutions
  • Work together to solve problem
  • Write up a summary detailing each party’s commitment and outlining future expectations (placed in manager’s file only)

Level 2 – Written Warning and Action Plan
Manager, employee and steward meet privately to:

  • Together develop a plan to help employee succeed
  • Plan will detail timelines and everyone’s roles
  • Write up a summary detailing each party’s commitment (placed in manager’s file only)

Level 3 – Corrective Action Plan
Manager, employee and steward:

  • Jointly develop Corrective Action Plan
  • Written plan outlines the employee’s commitment to improvement
  • Plan will detail timeline and everyone’s roles
  • Goal remains to help employee succeed
  • Plan placed in SEIU personnel file not to exceed one year
  • It is designed to be repeated as often as necessary to help employee be successful

Level 4 – Suspension (optional step at management’s discretion)
If the infraction is so severe it warrants a discipline greater than Level 3 but does not warrant termination the employee may be placed on a one-day unpaid suspension. This Level 4 may also be used as an optional step in the progression of corrective action.

  • Employee placed on one unpaid day of suspension
  • Jointly develop Corrective Action Plan
  • Written plan outlines the employee’s commitment to improvement
  • Goal remains to help employee succeed
  • Plan placed in SEIU personnel file not to exceed one year
  • It is designed to be repeated as often as necessary to help employee be successful

Level 5 – Day of Decision
If the infraction is so severe that immediate termination is justified, or no change in performance/behavior has been achieved through the progression of corrective action, the Employer may offer this Level 5 Day of Decision in lieu of termination. If the employee and union representatives accept the offer, the manager, next level manager, employee, steward and next level union representative meet to invoke Day of Decision. If the offer is rejected, the employee will be terminated.

  • Employee placed on one paid Day of Decision
  • If employee decides to change performance behavior, manager, employee and union will write up a Last Chance Agreement
  • Everyone will sign agreement
  • Agreement placed in SEIU personnel file not exceed one year

Level 6 – Termination
If the infraction is so severe that immediate termination is justified, or no change in performance/behavior has been achieved through the progression of corrective action, and the Employer has decided against offering Level 5, or Level 5 has already been utilized, the employee will be terminated

Employees may be disciplined or discharged only for just cause. However, since the ability to motivate workers and move them to action is an essential component of job performance, SEIU may discipline for failure to meet reasonable performance standards.

SEIU will advise the Employee of their right to have a Union representative present and the nature of the complaint against her or him prior to any meeting in the corrective action process. If the employee requests union representation, the discussion shall not proceed until the union representative or representatives is/are given reasonable opportunity to be present at such meeting provided it does not present unreasonable delay.

SEIU agrees to maintain personnel files for each employee. An employee may review his/her file upon request. A copy of any formal disciplinary document placed in an employee file also shall be mailed to the Guild. An employee may place reaction material in response to any item in his/her file. A disciplinary document shall remain in the employee file for not more than one year from the date of the incident. The parties recognize and agree the nature of some disciplinary infractions may require that they be kept in the file for longer than one year. Any disciplinary notice not removed after one year will be identified and reviewed by SEIU and DNG.

ARTICLE 6
Grievance and Arbitration Procedure

Grievance Defined
A grievance is a complaint involving the interpretation or application of any of the provisions of this Agreement, or a complaint that an employee has, in any manner, been unfairly treated. Earnest efforts will be made to settle grievances by applying the following procedures, and except in cased of termination, the parties agree to attempt to resolve grievances with informal discussions prior to reducing them to writing.

Processing Grievances

Step 1
Within fifteen (15) days of occurrence of a grievance, the affected party shall present the complaint to the other party in writing. The parties shall meet and attempt to resolve the dispute. The responding party shall respond in writing within 5 days of such meeting.

Step 2
If the disposition of the grievance in the previous step is not acceptable, the grieving party may so inform the other party within ten (10) days of receipt of the answer in the previous step. SEIU President and/or his/her designee, shall meet with representatives of DNG and attempt to resolve the dispute.

Step 3
If the disposition of the grievance in the preceding step is not acceptable to the grieving party, the grieving party may notify the responding party in writing of their intent to arbitrate the grievance within ten (10) days of receipt of the answer in the previous step. The arbitrator shall be selected and the proceedings shall be conducted in the following manner.

A) Within ten (10) days after filing the request for arbitration, SEIU and DNG shall each appoint one (1) person to serve as a selector and the two (2) persons so appointed shall, within (10) days after appointment choose and designate an arbitrator.

B) If no agreement is reached in the selection of an impartial arbitrator within the time limits prescribed above or within any mutually agreed extension of such time, either party may then request the Director of the Federal Mediation and Conciliation Service to submit a panel of arbitrators to the parties. Within ten (10) days after receipt of such panel each party shall strike three names alternately with the first strike determined by lot and with the remaining name being designated as the arbitrator. Such arbitrator shall be notified of his/her appointment to hold a hearing in the matter.

Arbitration proceedings
The arbitrator’s decision shall be reduced to writing and shall be final, conclusive and binding upon the parties. The arbitrator shall have no authority to add to, modify, amend, or otherwise change any provisions of this Agreement.

Expenses of Arbitration
DNG and SEIU shall each assume the expense of presenting its own case and shall share equally the expenses and fees of the arbitrator.

ARTICLE 7
Seniority

Seniority is defined as the length of continuous service from the date of hire with SEIU Local 105. Any employee who has been a regular employee of Local 105 and thereafter performed work in a paid status with the International Union shall be credited with time worked in that capacity for purposes of Local 105 seniority. Further, employees hired into temporary or project status who later becomes regular employees shall have their prior service in such status at Local 105 credited for seniority purposes.

Seniority shall prevail in the assignment of shifts, vacation scheduling, layoffs, reductions in force, and filling vacancies provided the senior employee has the necessary skills and qualifications to perform the job with minimal training or unless such seniority preference would have a significant adverse impact on SEIU’s program or representation obligations.

1.) Termination of Seniority
An employee’s seniority shall terminate if he/she:
A)quits or is discharged for just cause
B)fails to return to work at the expiration of an Employer-approved leave of absence
C)retires.

2.) Probationary Period
New employees shall be on probation for a period of six (6) months and as such may be terminated at SEIU’s discretion and without recourse to the grievance procedure.

During the probationary period, SEIU shall provide regular check-in, feedback and training for the employee. No later than 90 days after the date of hire, the appropriate lead or director will schedule a meeting with the employee in order to review job performance. Failure of the employee to respond in a timely fashion or an attempt to reschedule shall constitute scheduling of the meeting, provided that the request is made before 5 pm on the 89th day. The review meeting shall take place no later than 120 days after the date of hire. If the review meeting is not scheduled and conducted within the timelines above, the employee shall be deemed a regular employee effective the day after the missed timeline. The review will utilize a check-list, provide specific performance-related feedback and if necessary will include a development plan to address any deficiencies. Follow-up meeting(s) will be agreed upon at the time of the review.

In addition to the six (6) month probationary period, an extension of up to 60 days will be granted provided SEIU provides justification for said extension. In the event SEIU did not schedule a review within the first 90 days or conduct a review within the first 120 days, no extension shall be granted because the employee shall have be deemed a regular employee. Probationary employees are encouraged to request evaluations as provided in Article 13 Staff Development.

SEIU shall give two months advance notice to a probationary employee of any weakness that may exist in his or her performance which, if not corrected, could result in his or her discharge prior to or on the expiration of his or her probationary period and shall notify the employee of an extension prior to the expiration date of the original probation.

3.) Reduction in Force
In the event SEIU determines that a reduction in staffing is necessary, SEIU shall meet with DNG to discuss such reduction and agrees to make a good faith effort to accommodate employee’s desires concerning such reduction.

In case of layoff of a permanent employee, two weeks written notice shall be given the employee and DNG. Except in the case of demonstrable, extreme financial distress of SEIU, the employee will have the option of receiving two weeks pay in addition to the two weeks written notice. An employee may choose to separate employment immediately upon receiving notice and receive two weeks pay.

4.) Continuation of Seniority
Employees will continue to accrue seniority as follows:
A)When on sick leave for a period up to 6 months
B)When on Union leaves of absences

ARTICLE 8
Hours of Work

Both parties recognize that the nature of the work requires long, irregular hours including frequent weekend and evening work. SEIU will not act unreasonably in the scheduling of work. SEIU will not act unreasonably in the scheduling of employees. SEIU will establish relatively equivalent work expectations for all staff.

1.) Relief Time
The parties understand that due to the mission of SEIU Local 105 and the needs of its members, organizers may be required to work long and irregular hours; to work on weekends and holidays and to work away from home for extended periods.

The purpose of relief time is to provide staff members with relief from the hard work required of staff to accomplish the mission of SEIU Local 105.

Each organizer shall receive eight (8) days of paid relief time every calendar year as follows:

First quarter 2 relief time days
Second quarter 2 relief time days
Third quarter 2 relief time days
Fourth quarter 2 relief time days

Accrual will begin on the date of hire. Relief time must be scheduled by mutual agreement with the supervisor and will not be unreasonably denied. Relief time may not be carried over from quarter to quarter. Under extenuating circumstances an exception to carry over relief time can be requested by the employee and must be approved by the manager. If carry over is denied, the manager and employee shall arrange for the employee to use the expiring relief days prior to the end of the quarter. Upon separation of employment, unused relief time will not be cashed out.

Whenever possible, at the request of the employee, the parties will endeavor to combine a relief day with a weekend to allow a three-day weekend.

If extraordinary circumstances exist, an employee may request and SEIU may grant additional hours or day(s) off with pay, not to be unreasonably denied.

2. SEIU employees will get at least one day off a week. In the event that an employee works seven days a week in any given work week, they will receive an additional day off with pay. Additionally SEIU employees will get at least two days off per week in at least two weeks in any given month. In the event that an employee does not get at least two days off at least two times in two work weeks in any given month, they will receive an additional day off with pay for each of the third and/or fourth weeks in which they did not receive two days off.

In the event that an employee works long hours in a day, such employee will be permitted to arrive at work later the next day if work plan allows and the supervisor or lead approves.

If extraordinary circumstances exist, an employee may request and SEIU may grant additional day(s) or hours off with pay, not to be unreasonably denied. In addition to the above, the following provisions shall constitute the normal work week. The 60 hours referred to below is solely the threshold for accruing additional relief time and is not the standard workweek:

  • Any hours worked over 60 needs the approval of the division director
  • Relief time for hours worked over 60 will be granted as follows: 1 hour relief time for every 1 hours worked over 60 hours
  • The provisions of Article 8, Section 2 will not be in effect three weeks prior to the following campaigns: a political election, a union representation or other type of union election or a strike
  • In the circumstances described in Article 8, Section 2 other relief time will be considered.

3. Child Care Expenses

Staff will utilize union provided childcare when feasible. If there are extenuating circumstances for why union provided care cannot be used, staff must get permission from their supervisor to be reimbursed for alternative care. Such permission shall not be unreasonably denied. Receipts must be provided prior to payment for said expenses and a spouse or significant other shall not be eligible for reimbursement. Staff will utilize union provided childcare when feasible. SEIU will make reasonable accommodations, where practicable, for unusual scheduling situations (i.e. annual retreats). Staff shall provide a typed detailed receipt from the childcare provider that includes the name and contact information of the childcare provider, the dates and times childcare was provided, signatures of the childcare provider and the staff person and the name(s) and age(s) of the child(ren) cared for.

Except with prior approval and for out of town assignments, SEIU shall only pay out of pocket child care expenses for any hours worked after 6pm and prior to 6am as follows:

Employees shall be eligible for daycare reimbursement for up to 4 hours Monday through Friday and up to 8 hours Saturday or Sunday. If childcare is being provided by family members after 10pm, such childcare shall not be reimbursable. Additional hours may be paid based on work plan and with the prior approval of management.

During out of town assignments, employees shall be eligible for childcare reimbursement covering all hours of care needed. Details of the childcare needed shall be established by the employee and his/her supervisor prior to the beginning of the assignment. The employee shall be reasonable in the request for childcare reimbursement and the supervisor shall be reasonable in the granting of such reimbursement.

The amount of child care reimbursement available annually to each individual employee is capped at $2,000 per calendar year and reimbursement for the entire bargaining unit is capped at $6,000 per calendar year. After the cap is reached, at the employee’s request, the employee and her/his manager will collaboratively discuss minimizing assignments that will cause additional child care expenses, however, management’s discretion is final.

The intent is not for employees to incur additional childcare expenses for unusual work hours.

Staff shall provide documentation of what they were doing for work at the time childcare was being provided. This should be in the form of a work plan and report.

Except during out of town assignments, SEIU Local 105 will only reimburse for childcare expenses for children under 12 years old. During out of town assignments, SEIU Local 105 will reimburse for childcare expenses for children age 16 and under.

If the above requirements are met, staff will be reimbursed up to $8 per hour for one child and up to $12 an hour for two or more children.

ARTICLE 9
Holidays

Paid Holidays
A) The following annual holidays shall be observed with no deduction in salary:

  • New Year’s Day
  • Martin Luther King Jr’s Birthday
  • Caesar Chavez Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Last work day before Christmas Day or Last work day before New Year’s Day
  • Christmas Day
  • Employee’s Birthday

Three floating holidays (per calendar year, prorated for new employees as follows):

  • Hired prior to May 1: 3 floating holidays
  • Hired on or after May 1 but prior to September 1: 2 floating holidays
  • Hired on or after September 1: 1 floating holiday

B) Any of the above holidays may be substituted for another religious or ethnic holiday of the employee’s choice.
C) Floating holidays may be taken in half-day increments.
D) An employee with more than three (3) months of continuous service shall be eligible to take their floating holidays with mutual agreement of SEIU.

Holiday Pay for Holidays Worked
If an employee is required to work on any of the holidays designated in this Article, the employee will receive compensatory time for the hours worked on the holiday.

Holidays Observed
Holidays falling on Sunday will be observed on the following Monday: holidays falling on Saturday will be observed on the preceding Friday unless mutual agreement otherwise by the parties.

ARTICLE 10
Vacation

Length of Vacation
Each employee will accrue vacations with pay as set forth in the immediately following schedule:
a. From date of hire through the first full year of service, employees shall accrue .19233 days per week paid, equivalent to ten (10) days per year.

b. From the employee’s first anniversary date through the fourth full year of service, employees shall accrue .2885 days per week paid, equivalent to fifteen (15) days per year.

c. From the employee’s fourth anniversary date through the ninth full year of service, employees shall accrue .38463 days per week paid, equivalent to twenty (20) days per year.

d. From the employee’s ninth anniversary date, employees shall accrue .48077 days per week paid, equivalent to twenty-five (25) days per year.

The employer shall keep accurate records of vacation accrual and utilization, and shall make those records readily available to employee.

Only for the purpose of establishing vacation accrual levels upon hire, new employees shall be given service credit for time employed by SEIU International or an SEIU affiliated local. A member hired out of an SEIU 105 bargaining unit into a staff position shall commence accrual at no less than the employee’s accrual rate in their unit position.

When an employee schedules and takes a full week (five days) of vacation, the vacation week shall include the Saturday and Sunday prior to and after the five days of vacation.

Vacation Selection
Vacation may be used as it is accrued. Vacation selection will be granted with mutual agreement of SEIU, and such agreement shall not be unreasonably denied. Seniority shall prevail in the selection of vacation.

Holiday During Vacation
If a holiday, as defined in this Agreement, falls during an employee’s vacation, such employee will receive an extra day of paid vacation.

Vacation Scheduling
Staff members are expected to submit vacation requests with reasonable advance notice, taking into account current and upcoming campaigns. An employee shall schedule and take enough vacation to assure that the employee has no more than one week more than one year’s accrual accumulated at any given time, unless otherwise agreed between the parties Vacation in excess of one week more than one year’s accrual that has not been taken may be assigned by SEIU.

An employee may elect to designate, in writing, vacation time in excess of the accumulation limits above, to be converted to a Maternity/Paternity Leave Bank, up to a maximum of twelve (12) weeks of leave time. The Maternity/Paternity Leave Bank time may be accessed for use during FMLA leave upon the birth or adoption of a child. If maternity/parental plans change, the Employee will notify his/her supervisor. Within 12 months of the notification date, the Employee may utilize the accrued time in the Maternity/Paternity Leave Bank as paid time off. The process for scheduling this paid time off will follow the provisions set forth in Article 10. Any remaining Maternity/Paternity Leave Bank time after 12 months will be cashed out at 50% of value in a lump sum payment. Any unused banked time in the Maternity/Paternity Leave Bank at time of separation of employment will be eligible for cash-out at 50% of value in a lump sum payment.

Upon ratification of this agreement, employees with accrued vacation in excess of the limits described above shall be allowed one year to reach compliance without having excess vacation assigned. Vacation cash-out will only be permitted with the mutual agreement of the parties. Request for changes in the vacation schedule shall not be unreasonably denied.

ARTICLE 11
Sick Leave, Insurance, Hospitalization and Pension Plans

Sick Leave
A)SEIU shall grant sick leave, with pay, which shall accrue at the rate of one day per month. There shall be no maximum in the amount of sick leave an employee may accrue.

B)SEIU shall grant sick leave with pay for personal illness, family illness, doctor appointments, other medically related treatments and/or doctor appointments for the employee and his/her family members as requested by the employee.

C)Employees may opt, at the end of each calendar year, to cash out up to 5 days accrued sick leave, provided the employee shall have at least ten (10) sick days remaining after cash out. Beginning in 2016, an employee must have twenty (20) days remaining after cash out.

D)Sick leave may be taken in half-day increments.

E)Employees may donate up to five (5) accrued sick days to another staff member who is seriously ill and has exhausted his/her sick leave.

Insurance
Effective the first day of the month following employment as a regular full-time employee, SEIU shall pay the premium to provide health insurance through Kaiser Foundation Health Plan of Colorado for each regular full-time employee and his or her spouse, domestic partner and other eligible dependents as defined by the insurance plan or applicable law.

An employee who opts out of the health plan shall be paid an amount equal to 75% of the employee-only monthly premium for that employee. SEIU will require proof of alternate coverage before allowing an employee the opt-out option.

SEIU shall reimburse employees up to $500 yearly for out of pocket co-pay expenses under the Kaiser Plan that are not compensated for by the accident insurance plan. In order to be reimbursed, the employee must submit written documentation of the expense and any additional documentation the employee may possess showing that the co-payment was not reimbursed by the accident plan. The employee will cooperate with the Employer and procure additional documentation from their Provider, if needed, to verify that the expense was not eligible for compensation under the Accident Plan. Co-pays for primary care office visits shall not be eligible for reimbursement. All other doctor visits, including specialist and physical therapy visits, shall be eligible for reimbursement.

SEIU shall also provide dental, vision, accident and disability/life insurance at no cost to the employee.

SEIU shall include bargaining unit representatives in appropriate meetings with the insurance broker regarding plan changes, plan design and rates for the following year. SEIU may change to other insurance plans with equivalent or greater coverage with the agreement of DNG.

Upon the agreement of SEIU and the employee, alternative health and/or dental coverage will be paid for providing relatively equivalent coverage commensurate with the premiums of the benefits outlined above.

To be effective July 1, 2014, SEIU and DNG agree to replace current insurance coverage with the following as presented and recommended by Roper Insurance & Financial Services:

  • Medical – KP CO Cold 0/30 plan
  • Dental – Companion Life dental
  • Vision – VSP
  • Accident – Allstate
  • Disability and Life – Mutual of Omaha ($50,000 coverage)

Pension Plan
SEIU agrees to participate in the Service Employees International Union Office and Employee Pension Fund on behalf of all eligible employees who are paid a salary of at least $4,000 per year for their service, pursuant to Article 19 of the SEIU Constitution and Bylaws.

If the pension plan is frozen or the contribution is reduced, either party can request a contract opener on the pension provisions in this Article 11.

Part-time/Temporary Employees
A regular or temporary part-time employee (whose employment is projected to be 90 days or more) shall be eligible for participation in SEIU’s health plan on a pro-rated basis. If SEIU is unable to enroll the employee in the health plan, SEIU may provide compensation in lieu of payment.

ARTICLE 12
Leaves of Absence

Personal Leave
After one year’s service, a leave of absence without pay may be granted at the discretion of SEIU for up to six months. Any such request will not be unreasonably denied. SEIU shall not be required to contribute to health insurance premiums during personal leave.

Medical Leave
The Employer shall comply with all provisions of the FMLA, whether or not the Employer falls below the minimum number of employees to be legally bound by FMLA. The Employer shall comply with any other applicable Federal, State, or Local laws governing Family and Medical Leave.

During medical leave, employees may use accrued sick leave including donated leave, vacation, relief days and comp time for the period prior to commencement of short term disability pay, and to supplement the 60% of pay provided by short term disability, up to 100% of regular pay.

With the mutual agreement of the parties, extensions of medical leave beyond six months may be granted.

SEIU will continue to be responsible for all insurance premiums for up to the first six months of any such leave.

Funeral Leave
Employees shall be allowed three (3) days bereavement leave without loss of pay in the event of a death of a family member or other person with whom the employee has a close relationship. If death occurs outside a one hundred fifty—(150) mile radius of the employee’s place or residence, the employee shall be excused for two (2) additional days without loss of pay. The employee may extend bereavement leave by a maximum of thirty (30) days through any combination of first, previously unscheduled vacation and then unpaid leave if the request is made to the President or designee before the end of the initial paid bereavement leave period.

Jury Duty
Any employee required to serve as a member of a jury, or subpoenaed as a witness, will be permitted to perform such service without loss of salary.

Union Leave
SEIU will grant reasonable request for leave of absence without pay for Union business each calendar year, provided written request is made by an authorized representative of DNG which states the reason for such leave.

ARTICLE 13
Staff Development

Staff Skill Development
The parties acknowledge the benefits of regular staff evaluations. The best interests of SEIU are served when all levels of staff receive appropriate, timely training. Staff evaluations will be reciprocal, regular and on-going and non-disciplinary. Evaluations shall be completed on forms created by the CLC.

In the first year of employment evaluations will be given at three (3) months, six (6) months and twelve (12) months from the date of hire. After the first year of employment, evaluations will occur on or about the employee’s anniversary date of hire. Evaluations may occur as needed by management or as requested by employees and to the conducted within fifteen (15) business days from the request.

The purpose of the evaluations shall be to identify employee skills and determine development needs. The parties agree that, within reason, mutually identified training needs shall be jointly addressed in a timely manner with a staff development plan.

The parties agree to advance jointly a list of staff development options including identifying and posting training opportunities. Options for staff development are varied and may include in-house, community, other union, local, or possibly national education. Staff development shall be consistent with organizational goals and resources.

A staff person desiring to enhance skills, knowledge, and/or ability to perform tasks relevant to their existing position or another position in Local 105 may request specific training. Such requests shall be evaluated on the basis of appropriateness and cost effectiveness but shall not be unreasonably denied.

Affirmative Action
SEIU and DNG jointly recognize the desirability of increasing employment opportunities for minority groups, women, and SEIU members. Both parties see Affirmative Action as an ongoing process and will pursue a program of recruitment and training with emphasis on career advancement.

ARTICLE 14
Rights of Management

SEIU retains the right to define its program and make assignments necessary for its implementation, manage SEIU and direct the working force, including the right to hire, promote, transfer, discipline or discharge for just cause, issue work rules and other normal rights of management unless limited by specific provisions of this Agreement.

ARTICLE 15
No Strike – No Lockout

During the term of this Agreement, there shall be no strike including sympathy strikes, or informational picketing, by DNG and no lockout by SEIU. No employee shall be required to cross a lawful picket line sanctioned by the Denver Area Labor Federation.

ARTICLE 16
Union Political Activity

Members of bargaining unit may become members of SEIU Local 105 and shall have the right to run for any office designated as a full time paid position, subject to the eligibility requirements of SEIU Local 105’s Constitution and Bylaws. The parties agree that all disputes related to employment issues shall be resolved through the Grievance/Arbitration provisions of this Agreement and shall not have standing under Article 19 of the Local’s Bylaws.

DNG agrees not to interfere or participate as an organization in the internal political affairs of SEIU Local 105 or Service Employees International Union elections or endorse candidates for office.

ARTICLE 17
Expenses

Employees will be reimbursed for reasonable business expenses incurred while working for SEIU Local 105, included but not limited to cellular phone expenses consistent with expense policies adopted by SEIU.

Employees will be reimbursed up to $50 per day for food while assigned out of town with submission of receipts and in accordance with SEIU policy

Beginning with the first month after ratification of this Agreement, employees will be paid $405 per month toward the cost of maintaining an insured automobile for business purposes. For the year 2015, employees will be paid $415 per month toward the cost of maintaining an insured automobile for business purposes. For the year 2016, employees will be paid $425 per month toward the cost of maintaining an insured automobile for business purposes. For the year 2017, employees will be paid $435 per month toward the cost of maintaining an insured automobile for business purposes. Further, beginning with the first pay period after ratification of this agreement, employees will be paid at the rate of $.20 per mile driven for business purposes. For the year 2017, employees will be paid at the rate of $.22 per mile driven for business purposes.

For miles driven for business purposes over 15,000 miles in a calendar year, employees will be paid a rate equal to 50% of the IRS rate for each additional mile over 15,000.

ARTICLE 18
General Wage Provisions

Employees shall be paid every other Friday. Employees shall have the option of direct deposit of paychecks.

The Employer shall be reasonable in the granting of experience credit upon hire. Disputes over salary placement of new hires based upon their experience, qualifications, and abilities shall be referred to the CLC for discussion. The Parties understand and agree that the process described above in this paragraph is not grievable. Upon request, CLC members shall be provided with relevant information and documents prior to the CLC meeting.

Should SEIU create a new position within the bargaining unit, SEIU shall furnish DNG with the proposed job description and the parties shall negotiate placement of the position within existing pay classifications or negotiate a new pay classification.

On his/her anniversary date, employees shall advance through the steps within their pay level based on length of service from date of hire or, in cases of promotion, date of promotion.

Excepting vacations, when there is not a Director or Coordinator leading the work of a sector for more than two consecutive weeks, the employee who is fulfilling those roles and responsibilities shall be paid an additional $100 per week, when designated to do so by the President or their designee.

Effective 7/1/15, Lead Organizers shall be paid 4% above scale as a differential when assigned to perform Lead work as defined in the Lead criteria to be developed be the CLC. Absent agreement at the CLC, management may implement the criteria.

No employee shall have their pay level or step reduced.

Employees may advance from entry level scales to senior level scales by meeting the criteria for such advancement. Advancement criteria for each job title shall be developed and agreed upon by the CLC. Absent agreement at the CLC, management may implement the criteria. Any employee advanced from the entry level to the senior level will be placed at the step in the senior level that provides at least a 3% raise. For the purpose of step increases, the employee’s anniversary date shall be the date of promotion to senior level.
The Organizer in Training salary shall only be used for new organizers with no past union experience. After six months of employment, an Organizer in Training shall advance to Entry Level, Step 1 scale and that date shall become their promotion date for the purpose of future step increases.

The new scale shall be effective on July 1, 2014.

Wage scales shall increase 2% on 2/1/15 and 2% on 2/1/16.

Salary Rates:

seiu_salary

ARTICLE 19
Health and Safety

Occupational health and safety is the mutual concern of SEIU, DNG and all employees. Employees or DNG shall report safety and health hazards of which they are aware to SEIU management.

DNG and SEIU will discuss health and safety concerns jointly at CLC meetings and will develop solutions together. The CLC shall address all health and safety concerns that are reported. When there is an imminent health and safety concern, DNG or SEIU may call an emergency CLC meeting.

When an employee reasonably believes that the completion of an assigned task will put them in danger, the employee may elect to perform other meaningful work related to their assignment or campaign for the remainder of that shift, or until the safety issue is resolved. The employee shall report the safety concern to their supervisor as soon as reasonable. The employee will work with their supervisor to accomplish the task safely, or find alternate tasks if the safety issue cannot be resolved. Unresolved safety issues shall be reported to and addressed by the CLC.

When the office is closed due to weather or other hazardous conditions employees shall receive their full pay for the period of the closure.

Recognizing that hazardous weather conditions may affect some employee’s ability to commute or drive to assignments differently, when the office is not closed, the following shall apply:

Employees who are unable to commute to the office or drive to assignments due to weather may work from home performing meaningful work related to their assignment or campaign.

If no meaningful work is available, the employee may use vacation, floating holidays or relief time for the day(s). The employee shall not perform any work that day.

ARTICLE 20
Collaborative Leadership Committee

The purpose of the Collaborative Leadership Committee (CLC) is to promote communication, problem solving, diversity, and increased effectiveness of the SEIU staff as a whole and to develop a more democratic organization. The CLC cannot change the language or the application of the collective bargaining agreement. The CLC is empowered to deal with subjects outside of the labor agreement as well as with the application of the agreement.

SEIU and DNG-covered employees shall meet as the committee as necessary, but no less than quarterly to discuss issues and topics that either side deems important, including organizational direction, staff development, affirmative action, diversity, and application of this Agreement.

The committee will meet for the first time within the quarter during which this contract is ratified.

SEIU and DNG-covered employees will be represented equally on the committee.

ARTICLE 21
Term of Agreement

This Agreement is hereby made effective February 1, 2014 and expires January 31, 2017. At any time within two months immediately prior to the expiration date of this agreement SEIU or DNG may initiate negotiations for a new agreement. The terms and conditions of this agreement shall remain in effect during such negotiations.

For the Employer – SEIU Local 105 For the Union – DNG-CWA Local 37074
Ron Ruggiero Rafael Gongon
Shelly Fowlkes Abby Brown
Carlos Contreras Lucia Melarejo
Grace Lopez Ramirez Roberta Ayala
Stephen Cousins Tony Mulligan

Signed July3, 2014

LOU #1
Letter of Understanding – Transition to Vacation Accrual Method

To accommodate the transition to an accrual method on vacation time, upon ratification of the Collective Bargaining Agreement, DNG and SEIU representatives shall calculate the number of unused, accrued days of vacation or fraction thereof that each employee has on the date the accrual method is implemented, applying the accrual method described in Article 10 of the Contract. The calculated amount shall be the beginning amount for accrual of vacation time. The parties understand that no employee shall lose, nor gain, vacation time as a result of this transition.

The beginning amount for vacation accrual shall be the number of days the employee became eligible for on the employee’s last anniversary date, plus any unused vacation from prior years, less the amount of vacation used since the employees last anniversary date, plus the amount of vacation accrued since the employee’s last anniversary date, applying the weekly accrual amounts outlined in Article 10 of the Contract.

LOU # 2
Letter of Understanding – Concerning the implementation of the new scale of wages

Transition to new scale structure:

  • Effective 7/1/14, both the former and the new Wage Scales shall be increased by 2%.
  • Retroactive pay equivalent to 2% of earnings between 2/1/14 and 6/30/14 shall be paid on the first pay day in July, 2014.
  • On 7/1/14, the salary amounts in the new scales shall commence for those employees with anniversary dates prior to July 1. For employees with anniversary dates after July 1, the new scales shall commence on the employee’s anniversary date.
  • Employees shall move to the level and step as provided below.

Level and Step Placement:

seiu_step_placement

Old Scales with 7/1/14 2% increase:

seiu_old_scales

LOU #3
Letter of Understanding – Concerning the Salary of Jason Butler

Effective with the implementation of the new wage scale on July 1, 2014, Jason Butler’s salary shall be red circled at $55,553.16 except as follows:

Jason shall receive retroactive pay equal to 2% of his earnings between 2/1/14 and 6/31/14 as provided for in the Agreement.

Jason shall receive the annual wage scale percentage increases on 7/1/14, 2/1/15 and 2/1/16 as provided for in the Agreement.

When Entry Level, Step 6 reaches an amount equal to or greater than Jason’s wage at that time, Jason Shall be placed in that level and step.

If Jason is promoted to Senior Level, he shall be placed in a step within the Senior Level greater than his wage at the time.

Colorado WINS

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CONTRACT

Denver Newspaper Guild-CWA Local 37074

AFL-CIO-CLC

and

Colorado WINS

Local 1876

EFFECTIVE

November 15, 2016 – June 30, 2017

MISSION STATEMENT

Colorado WINS organizational mission is to improve the lives of working people and their families. The parties agree that our joint mission is to advance the interests of Colorado WINS members, to build power for all working people and to be a leader in the progressive labor movement. To that end all parties agree to strive to provide a workplace that serves as a model for our mission and our members.

Article I

General

1. Recognition

    1. Colorado WINS (the Employer and/or COWINS and/or WINS) recognizes the Denver Newspaper Guild-Communications Workers of America Local 37074 (the Union and/or DNG) and its successors or assigns as the exclusive bargaining representative of its employees regarding wages, benefits and all other working conditions.

    1. Represented employees includes those in the job titles listed below and employees in any new job title or position established by the employer that does not meet the criteria for exemption from the bargaining unit under the Labor-Management Relations act, subject to negotiation. The Employer understands that the Guild has an interest in retaining the duties performed by employees in the bargaining unit. Likewise, the Guild understands that the Employer has an interest in changing its staff structure as the nature of the organization evolves. Therefore, both parties agree to address concerns related to restructuring through the LMC process.

    2. Current covered job titles include the following:

Lead Organizer

Organizer

Grievance Coordinator

Sr. Organizer

Communications Coordinator

Organizer In Training

Office Manager

Political Coordinator/Data Specialist

The responsibilities and duties of each job title listed above shall be contained in a job description to be created by management with input of the Guild through the LMC. No job description shall be altered without input of the Guild through the LMC. Should the Employer create a new position that is not considered an exempt management position and that is covered by this contract, the Employer shall furnish the position and its description to the LMC for input by the Guild as to the job classification and grade of the position

d. Confidentiality of Office Manager. As the Office Manager may at times be privy to information of COWINS management that is confidential in nature, the parties agree that the Office Manager will keep all information and documents in his or her possession in confidence and not disclose any of the information to the union or its representatives.

e. Lead Organizers. At times, Lead Organizers are included in discussions with management that contains confidential information. Leads are expected to protect the confidentiality of such information and shall not share such information with other bargaining unit employees without approval from management of COWINS. When these discussions arise, management shall inform the leads that the discussion is to be held in confidence, so there is not room for misinterpretation on the nature of confidentiality. Lead Organizers may be subjected to progressive discipline for failure to fulfill the Lead Organizer role as described above.

f. Bargaining unit employees shall be evaluated by exempt managers employed by COWINS.

2. Employment Classifications

  1. Permanent Employee. A permanent employee is one who regularly works 35 hours or more per week and does not have a specific project end date or termination date.

  1. Project Employee. A project employee is one who is hired for a specific project, not to exceed nine (9) months. Time spent, as a project employee shall be credited toward satisfying the probationary period for the particular job involved. When a project employee is converted into a permanent employee, he/she shall serve a probationary period as defined under Article II of this agreement. Upon approval from the immediate supervisor and the Executive Director or his/her designee, the project end date can be extended or terminated based on campaign needs.

  1. Part-time Employees. A part-time employee is one who regularly works less than thirty-five (35) hours per week. Permanent part-time employees shall receive prorated leave benefits. Compensation and other benefits extended to full-time employees including health and welfare coverage shall be set pursuant to the agreement of DNG, as representative of the employee, and WINS.

3. Nondiscrimination Policy

  1. This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination, and all other privileges, terms and conditions of employment. COWINS shall not discriminate against any person or employee because of race, color, religion, sex, sexual orientation, gender selfidentification, age, national origin, disability, veteran status, HIV status, immigration status or union activity.

  1. The procedure for dealing with complaints of discrimination or harassment is as follows:

      1. Report the alleged incident(s) as soon after the incident occurs as possible to his/her supervisor, the Executive Director or his/her designee. The individual is not required under this procedure to complain directly to the offending individual.

      1. When discrimination or harassment is alleged, if appropriate, the Executive Director or his/her designee will attempt to resolve the matter informally. The Director, Executive Director or his/her designee may offer the person making the complainant (“complainant”) his/her assistance in mediating a resolution. Such mediation may include setting up and participating in meetings among the complainant, the accused, and appropriate managers or supervisors in their departments.

      1. If the nature of the allegations makes such informal efforts inappropriate or those efforts do not resolve the matter, the Executive Director or his/her designee will ask the complainant to promptly file a written complaint. That complaint should describe the alleged discrimination or harassment in as much detail as possible, including a description of what occurred and the dates, times and places of the incident(s). The complainant also should submit the names of individuals who he or she believes have information relevant to the investigation.

      1. The Executive Director or his/her designee will inform the individual alleged to have engaged in discrimination or harassment of the complaint, and will give her or him the opportunity to respond to the allegations and to submit the names of individuals who she or he believes have information relevant to the investigation.

      1. The Executive Director or his/her designee will promptly conduct an investigation to determine whether or not discrimination or harassment has occurred. That investigation generally will include meeting with the complainant, the accused, and other individuals who may have relevant information, as well as reviewing relevant documents. The investigation will be conducted promptly, thoroughly, and impartially and in as confidential a manner as is possible consistent with proper investigation of the complaint.

      1. At the conclusion of the investigation, the Executive Director, or his/her designee will submit findings to the Executive Director.

      2. If the investigation establishes that discrimination or harassment has occurred, COWINS will take prompt and appropriate action. This may include corrective action designed to end and to remedy the discrimination or harassment and to prevent it from recurring. Action also may include imposition of sanctions against the discriminator/harasser, ranging from reprimand to termination. COWINS will inform, in writing, both the complainant and the accused of the outcome of the investigation.

      1. If the investigation establishes that discrimination or harassment has occurred, the Executive Director or his/her designee will make follow-up inquiries to ensure that the discrimination or harassment has not resumed and that neither the complainant nor any other individual has been subjected to any retaliation for having complained of the discrimination or harassment, reported an incident of apparent discrimination or harassment, or provided information during the investigation.

  1. This policy and procedure applies to all employees.

d. The Union may grieve actions or inactions of management on behalf of the complainant and/or accused.

4. Union Rights and Membership

  1. No less than thirty (30) calendar days following the execution of this Agreement or not less than 30 calendar days following the beginning of employment, whichever is later, all employees covered by this Agreement shall, as a condition of continued employment, become and remain members in the union or remit agency fees equivalent to dues to the union, whenever employed under and for the duration of this Agreement.

  1. Upon receipt of a properly signed form, WINS agrees to deduct all dues, fees and COPE contributions and remit same to DNG or their designated recipient.

  1. The Union shall have access to all new employees consistent with the following conditions:

i At least one (1) hour of the new employee’s work time during the first week of employment shall be reserved to facilitate a meeting between the employee and a union representative.

ii Each new employee shall be given a copy of this Agreement and shall be made aware of the union security provisions in this agreement upon hiring.

iii WINS shall give written notice to the union of employee status changes weekly. These status changes include but are not limited to new hires, terminations, change of job title, change of job classification and change of address.

5. Management Rights

Except to the extent expressly abridged by a specific provision of this Agreement, COWINS reserves and retains, solely and exclusively, all of its right to manage Colorado WINS and its activities.

6. Labor Management Committee

    1. In a mutual effort to avoid misunderstandings, to facilitate the correct application of bargained terms and conditions, to provide a forum for discussion of concerns as they arise; and to improve communications throughout the organization, COWINS management and the union agree to establish a Labor Management Committee composed of up to 5 representatives each from WINS and the bargaining unit. At least 2 representatives of COWINS Management and 2 representatives of the bargaining unit shall be present to convene a meeting of the Labor Management Committee.

    1. The Labor Management Committee shall meet within 30 days of the execution of this agreement. Meetings shall be convened at least monthly thereafter at mutually agreeable dates and times. Monthly meetings may be postponed or cancelled via mutual agreement of WINS and the bargaining unit representatives.

    1. The purposes of the Labor Management Committee shall include but not be limited to:

      1. To identify and address employee concerns as promptly as possible

      2. To raise and expedite resolution of workplace issues as they arise, and before they escalate to the grievance stage

      3. To discuss changing and developing operational needs and strategic planning or other campaign changes that affect staff’s ability to perform their assigned duties

      4. To foster a productive and collaborative work environment

      5. To provide staff with an opportunity for input to the staff training and evaluation process

      6. To discuss transfers and criteria for transfers

      7. To achieve these goals efficiently the Labor Management Committee may agree to form ad hoc committees.

      8. To review request for exceptions to the relief time policy.

      9. To review and attempt to resolve grievances of contract interpretation as referred to the LMC pursuant to Art. II, 2.c.i. Should the members of the LMC fail to reach an agreement on resolution of the grievance, the LMC will reduce the outcome to writing and the DNG will retain all of its rights to seek review pursuant to Art. II, 2.c.iii, Step 3.

      10. In election years the LMC will meet at least twice prior to the start of election season in order to collectively set goals and expectations between management and staff. The meetings will serve to set reasonable expectations for staff participation in campaign activities.

Article II

Probation, Discipline, Discharge, Personnel Files, Evaluations

    1. Probation

  1. The probationary period for new field employees shall be six months with an extension of the probation for a period not to exceed six months at management’s discretion. A written evaluation shall occur at the field employees third month of employment. A written evaluation shall occur again prior to a field employee’s sixth month of employment. If a six month written evaluation and written notice of extension have not been promulgated prior to the conclusion of the six month probationary period the probationary period shall not be extended. The promotional trial period for promoted staff shall be the same as stated in this section.

  1. Administrative Support Staff probationary period shall be four (4) months. Organizers in Training hired directly from an apprenticeship program with SEIU, or AFT will have their time served as an apprentice credited toward their six month probationary period.

  1. If an employee is out on sick leave or unpaid leave in excess of a total of fifteen (15) work days during his/her probationary period, the probationary period shall be extended by the number of work days missed at the discretion of Management. All probationary employees shall be covered by all provisions, terms and conditions of this agreement except in cases of just cause for discharge. In such cases probationary employees shall be considered at-will employees.

2. Discipline, Discharge, Personnel Records, Evaluations

    1. No employee shall be disciplined or discharged without just and sufficient cause.

    1. COWINS shall use reasonable progressive discipline standards when contemplating disciplinary actions. For performance and general attendance issues, the first step in the disciplinary process shall be a verbal warning. After a verbal warning is issued, management shall create a written document summarizing the warning. Copies of the document shall be given to the employee, placed in the employee’s personnel file, and mailed or emailed to the DNG office.

    1. Employees shall have the right to have a union representative or representatives be present at any discussion with the employer that is of an investigatory nature where discipline may be contemplated, where formal discipline will be administered, and in all grievance meetings. An employee shall be given reasonable advance notice when such discussion is scheduled and the employee shall be informed of the nature of the complaint against him or her. The discussion shall not proceed until the Union representative or representatives are given a reasonable opportunity to be present. The affected employee and the employee’s representative or representatives shall be granted adequate paid time off from their regular duties to attend such meetings.

    1. COWINS will maintain personnel files for each employee. An employee may review his or her file upon request. A copy of any formal disciplinary document placed in an employee file also shall be given to the employee and mailed to the DNG. An employee may place reaction material in response to any item in his or her file. A disciplinary document shall remain in the employee file for not more than one year from the date of the incident, unless there is a justifiable reason to retain the documentation in the file. The parties recognize and agree that the nature of some disciplinary infractions may require that they be kept in the file for longer than one year. Any disciplinary notice not removed after one year will be identified and reviewed by WINS and DNG.

    1. An employee shall have the right upon reasonable request, to review the contents of his/her personnel file. COWINS maintains only one personnel file per employee. Copies of an employee’s personnel file may be obtained by the employee himself/herself in person.

    1. Performance evaluations of employees who have completed probation shall be conducted annually for each employee by the senior manager to which the employee reports, to be completed within thirty (30) days of the employees anniversary date. All performance evaluations shall include documented employee self-evaluations and be a comprehensive review of all aspects of their work as related to the job description or other duties that have been assigned, as well as any relevant data concerning their work product. The employee is encouraged to submit, along with their self-evaluation, any relevant information for consideration by the manager. For field staff, evaluations may include any relevant documentation, including but not limited to membership and leadership development data. The field director shall not rely solely on such data, but shall seek and consider input from the senior lead organizer, lead organizers, the viability for growth of the assigned group of workers, the employee’s self-evaluation and direct input from the employee in making the evaluation. Further, the field director shall take into consideration changed assignments throughout the performance period which may have affected the employee’s ability to meet particular goals.

    1. Annually, the Guild, through the LMC, shall have the opportunity to offer an evaluation of the executive director by January 31st for the preceding year. Criteria and forms for employee and leadership evaluations shall be created by the Employer with the input of the LMC.

3. Grievance, Mediation and Arbitration Procedure

  1. Grievance. A grievance within the meaning of this Agreement shall be any complaint by one or more employees, which involves the interpretation or application of, or compliance with, the provisions of this Agreement, or laws, or any issue affecting the relations of employee and the employer. All grievances shall identify the Article(s) and Section(s) of the Agreement alleged to have been violated and shall specify the remedy requested.

  1. Decision Maker. For the purpose of this subsection 3, a decision maker shall be defined as the managing supervisor or the person empowered to resolve the matter at issue.

  1. Procedure. Employees and managers are expected to make their best effort to resolve issues informally and at the lowest level prior to filing a grievance. Should such informal resolution fail, a grievance shall be processed as follows: 

i Step 1. An employee, steward, or other representative of the union shall file the grievance in writing not later than fifteen (15) business days after the date of the event upon which the grievance is based or the date on which such event should reasonably have become known and shall be sent or delivered to the lowest level decision makerIf the grievance involves a matter of contract interpretation, the grievance will be referred to the LMC for consideration and discussion by the parties. All relevant timelines will be stayed pending consideration by the LMC. Within ten (10) working days after receipt of the grievance the decision maker shall schedule and hold a meeting or conference call with the grievant(s) and his/her union steward for the purpose of attempting to resolve the grievance.  Within five (5) working days after the conference call the grievant(s) shall be sent a written response by the designated Employer representative.  A copy of that response also shall be sent to the Union.

ii Step 2. If the grievance is not resolved at Step 1, the union may request that the grievance progress to Step 2 by notifying the employer within ten (10) working days of receipt of the employer’s Step 1 response.  Within ten (10) working days after receipt of the grievant’s request, the executive director or his/her designee shall schedule and hold a meeting or conference call with the grievant and his/her Union representative in an attempt to resolve the grievance.  Within five (5) working days of that meeting or conference call, the Employer shall provide the grievant a written response.  A copy of that response also shall be sent to the Union.

iii Step 3. If a grievance is not resolved to the union’s satisfaction at Step 2, the Union may submit the grievance to arbitration, provided that a written request for arbitration must be sent to the Employer within twenty (20) working days after receipt of the Employer’s Step 2 answer.  Upon the Employer’s receipt of such a timely request, the parties shall then jointly request a list of seven (7) impartial arbitrators from the American Arbitration Association or Federal Mediation and Conciliation Service.  The parties shall then promptly select an arbitrator by mutual agreement or by striking the list. The arbitrator shall render an award within thirty (30) days after the hearing has ended or briefs have been received, whichever occurs later.  The arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Agreement.  The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employee(s). The fees and expenses of the arbitrator shall be borne equally by both parties, except that if any expenses are incurred because a party unilaterally withdraws a case then that party alone shall bear any such expenses.

  1. Miscellaneous

  1. Extensions of the aforesaid time limits may be mutually agreed upon and shall be confirmed in writing.  Unless an extension is mutually agreed upon between the Employer and the Union, the time limits set forth herein shall be applicable. A failure by the Union or employee at any step of the grievance procedure to appeal a grievance to the next step within the specified time limits shall be deemed an acceptance of the Employer’s decision rendered at that step.

  1. A failure by the Employer at any step of the grievance procedure to attempt to schedule and hold a meeting or conference call or to respond to a grievance within the specified time limits shall result in the grievance being automatically moved to the next step without written appeal from the Union.  In addition, if there is no response from the Employer to Step 2 of the grievance procedure the union may, at their discretion, submit the grievance directly to arbitration.

  1. Employees shall not suffer any loss of pay for time spent attending an arbitration hearing and/or participating in Step 1or 2 meetings or conference calls.  In the event an arbitration hearing or grievance meeting is conducted outside of the vicinity of the grievant’s regular worksite, the Employer shall pay one-half of the travel expenses of the grievant.

  1. Once an employee or the Union has filed a grievance, all subsequent notices and documents shall be sent to the designated Union steward or other representative as well as the grievant.

Article III

Work Life

    1. Transfers

Generally, the work of COWINS employees will be in Colorado. It is within the discretion of the Employer to ask for volunteers to work on out-of-state assignments.

An assignment to work in a different part of the state for a period not exceeding two (2) weeks is not considered a transfer. COWINS shall give employees as much notice as is possible upon learning of the need for assignment in a different part of the state and shall consider any concerns expressed by the affected employee regarding the assignment when making a final decision. COWINS shall pay for all expenses as provided for in this Contract.

      1. Temporary Transfer. A temporary transfer shall be defined as any new assignment of a period exceeding two (2) weeks but not exceeding six (6) months which requires an employee to reside in a new location but which does not require an employee to permanently relocate residency.

        1. One (1) week prior to any temporary transfer, a written announcement of the vacancy on the work assignment which requires any transfer shall be sent to all staff asking for volunteers to fill that vacancy.  The written announcement shall include the nature of the assignment, the duration of the assignment, general duties, location of the assignment, and the supervisor’s name.  Prior to any transfer, all conditions of employment shall be finalized.  An employee temporarily transferred for more than thirty (30) days shall accrue an additional day of vacation leave for each month thereafter while temporarily transferred.

        1. In the event that no employees volunteer to fill the vacancy or no volunteer is found suitable for the new work assignment, management may select an employee to fill the vacancy.  The personal needs of any employee, either volunteer or selected by management, will be taken into consideration by COWINS when making a decision to fill any vacancy which would require any transfer.

        1. At point of notice of such a transfer, the employee’s immediate supervisor shall initiate a discussion with the employee which shall include feedback on the employee’s work on their current work assignment and information on the new work assignment.  The discussion shall be documented and a memo will be sent to the employee.  This document shall not be considered a disciplinary action and must be included in the employee’s personnel file.  Employees shall have the right to respond in writing.

        1. Employees shall receive one (1) week to relocate to the new work assignment.  If an employee is required to drive to a temporary assignment, Colorado WINS shall fully reimburse any expenses incurred including lodging and meals.  The travel policy shall not be applied arbitrarily or capriciously.

        1. Employees must drive to any assignment with the duration of one (1) month or more.  Supervisors may exercise discretion in making exceptions based on the duration of the assignment.  No employee will be required to drive more than eight (8) hours in a day.

        1. While on a temporary transfer, Colorado WINS shall bear the expense of any lodging or car rental required.  Employees shall receive per diem at the expense of Colorado WINS for each day they are on temporary transfer.

        1. Colorado WINS shall bear the expense of transportation to allow an employee on temporary transfer to return home when possible on every other weekend or the equivalent days off after the assignment begins.  If work assignments require the employee to work on such a weekend, then mutually agreed upon alternate arrangements shall be made including alternative time to travel home, or arrange for the employee’s spouse, partner, or significant other to travel to the employee’s temporary work location at the expense of Colorado WINS. If an employee is required to drive to the temporary work location and arrangements to travel home are made as such that the employee will be without their car while at their home base, Colorado WINS shall fully reimburse for any car rental.

      1. Permanent Transfer. A permanent transfer shall be defined as any new assignment of a period that is expected to exceed six (6) months which requires an employee to relocate residency due to the assignment location. Two (2) weeks prior to any permanent transfer, a written announcement of the vacancy on the work assignment which requires any transfer shall be sent to all staff asking for volunteers to fill that vacancy.  The written announcement shall include the nature of the assignment, general duties, location of assignment and the supervisor’s name. 

        1. In the event that no employees volunteer to fill the vacancy or no volunteer is found suitable for the new work assignment, management may select an employee to fill the vacancy.  The personal needs of any employee, either volunteer or selected by management, will be considered by COWINS when making a decision to fill any vacancy which would require any transfer.

        1. At point of notice of such a transfer, the employee’s immediate supervisor shall initiate a discussion with the employee which shall include feedback on the employee’s work on their current work assignment and information on the new work assignment.  The discussion shall be documented and a memo will be sent to the employee.  This document shall not be considered a disciplinary action and must be included in the employee’s personnel file.  Employees shall have the right to respond in writing.  Prior to any transfer, all conditions of employment shall be finalized.

        1. Employees shall receive thirty (30) days notice of any permanent transfer and an additional thirty (30) days to make the relocation of residency permanent.  During the entire sixty (60) day period, Colorado WINS shall pay for temporary housing as necessary until the employee finds permanent housing.  Employees shall also receive reasonable time off with pay to relocate residency.  An employee who, as a result of a mandatory transfer, is forced to breach a lease agreement or to pay rent on two locations, will be reimbursed for costs associated with such breach or dual rent.

        1. An employee notified of permanent transfer shall have the right to resign within seven days of final notice and receive one week of severance pay for each year of service to a maximum of six weeks’ severance.

c. Employees shall not be held responsible for work on their scheduled days off.

    1. Holidays

  1. Each calendar year, COWINS shall allow time off with pay for the following holidays:

Martin Luther King’s Birthday

President’s Day

Friday before Easter

Memorial Day

Independence Day

Labor Day

The Day Recognized by Others as Columbus Day

Veteran’s Day

Thanksgiving Day

Friday after Thanksgiving

Christmas Eve

Christmas Day

New Year’s day

  1. In the event a holiday falls on a Saturday, the preceding Friday shall be observed. In the event a holiday falls on a Sunday, the following Monday shall be observed.

  1. In recognition that COWINS employees come from diversity of religious and ethnic backgrounds, and in keeping with the COWINS non-discrimination policy; an employee may request a substitute holiday for any one of the above recognized holidays for their own personal religious observation. This request shall not be unreasonably denied.

  1. When work assignments require that an employee work on a scheduled holiday, he/she shall arrange with the immediate supervisor to take an alternate day off within the same calendar year. Prior approval from the immediate supervisor is required for non-exempt administrative support staff to work on a scheduled holiday.

  1. When a special event or meeting occurs on a holiday that is traditionally observed by an employee(s), requests from the employee(s) to be released from the assignment shall not be unreasonably denied.

    1. Holiday Office Closure COWINS offices will be closed from December 26th through December 31st. Notwithstanding the provisions of subsection 2(a) and (b) employees will be responsible for responding to the needs of members as they arise during that week.

    1. Vacation

  1. Employees shall be entitled to paid vacation leave. Vacation leave shall be provided from the date of hire. Vacation leave may be used as soon as it is provided.

  1. For the purpose of subsection c, the amount of vacation earned per year for employees hired from a parent union (either Locals or Internationals) shall be calculated from the hire date with the parent union, provided the employee had no break in service over 30 calendar days with the parent union prior to their hire date with COWINS.

  1. Vacation leave shall be provided according to the following schedule:

  • At the 3 month anniversary: five (5) days of vacation

  • At the 6 month anniversary an additional five (5) days of vacation, for the first year of employment

  • On the first anniversary date of employment, for the second year of employment: ten (10) days.

  • On the second anniversary date of employment and each successive anniversary date through the sixth anniversary date (for employment years three (3) through seven (7)): fifteen (15) days.

  • On the seventh anniversary date of employment and each successive anniversary date through the seventeenth anniversary date (for employment years eight (8) through eighteen (18)): twenty (20) days.

  • On the eighteenth anniversary date of employment and each successive

anniversary date thereafter (for employment years nineteen (19) and thereafter): twenty-five (25) days.

  1. In the event a paid holiday occurs during an employee’s scheduled vacation, the employee will not be charged a vacation day but will, instead, be paid for the holiday.

  2. Upon separation from employment with COWINS, an employee shall receive cash payment for all earned unused accumulated vacation time.

  1. COWINS shall endeavor to comply with the employee’s request for vacation time consistent with the operational demands of the organization. Employees may take vacation time each year in full day increments with at least five (5) days notice. Request for concurrent vacations which cause undue staffing or scheduling problems shall be honored at the discretion the immediate supervisor. Employee requests for vacation time shall not be unreasonably denied.

  1. All leave available for any anniversary year must be taken before the end of that anniversary year, except that an employee shall be allowed to carryover into the next anniversary year up to ten (10) days of accrued vacation. In the event the employee is unable to schedule vacation for job related reasons, and is subject to the loss of earned vacation time, the employee may request, in writing, that any unused time in excess of the ten (10) days permitted, be carried over into the following anniversary year. Requests for carrying over unused vacation time shall not be unreasonably denied.

    1. Sick Leave, Personal Days, Relief Days

      1. Sick Leave

  1. Employees shall be granted four (4) days of sick leave upon hire and one-half (1/2) day of sick leave for each two weeks’ pay period, for a yearly total of seventeen (17) days in the first year of employment and thirteen (13) days a year thereafter. Sick leave shall be accumulated to a maximum of sixty (60) working days. Hourly employees may use sick leave for doctor and dental appointments and for illness of their spouse and children up to eighteen (18) years of age. In addition, in extraordinary situations upon approval by their immediate supervisor and the COWINS Executive Director or his/her designee, an employee may use sick leave for an illness of members of the employee’s immediate family irrespective of age.

  1. Sick leave may be taken only after the two-week period in which it is accrued. Sick leave may not be taken in increments less than a full working day except for medical and dental appointments for the employee or child as specified above, or for illness of a child, unless an employee becomes ill during working hours. COWINS shall furnish each employee monthly each employee’s current accrual of sick leave. At any time individual employees may receive an accounting of their current accrued sick leave by requesting a written leave Status Report from Personnel.

  1. Sick Leave Bank

      1. A Sick Leave Bank shall be used in the event of serious illness or injury resulting in long-term absence from employment, or for parental leave. Each employee who wishes to voluntarily participate in the Sick Leave Bank shall donate a minimum of one (1) day, up to any number of days each year to the Sick Leave Bank, so long as the employee retains at least ten (10) days of sick leave for personal use. Donations shall be made by written notification to the Executive Director and DNG unit chair during the month of January or July each year, or for newly hired employees within ten (10) working days following completion of six (6) months of employment. Upon receipt of any such written notification, his/her voluntary participation shall be deemed to continue in effect unless and until the employee withdraws his/her authorization by written notification to the Executive Director.

      1. The donated days shall be deducted from each individual employee’s sick leave allotment. An employee participating in the Sick Leave Bank who has depleted first his/her sick leave and then any accrued annual leave that exceeds ten (10) days, and needs additional sick leave days as a result of any such serious illness or injury to themselves, family member or dependent, may draw any number of days in any calendar year from the Sick Leave Bank for his/her personal use. Employees must reapply for the Sick Leave Bank every ten (10) days and shall not be unreasonably denied. A request for sick leave days from the Sick Leave Bank must be accompanied by a letter from the employee’s physician verifying the seriousness of the illness or injury.

      1. The COWINS Executive Director or his/her designee and the DNG unit chair shall administer the Sick Leave Bank and shall have complete discretion regarding the number of sick leave days to be allotted to any individual employee provided that the amount does not exceed twenty (20) working days in any calendar year. The COWINS Executive Director or his/her designee shall make the final decision as to the number of days to be provided by the Bank.

      1. Employees who cancel their voluntary participation in the sick leave bank forfeit all unused donated hours. Donated hours will remain in the balance of the sick leave bank for use by other employees.

  1. Personal Days

New probationary employees shall be granted three (3) days of personal leave to be used during the first six months of employment. If the probation period is extended as provided in Article II, Section 1(a), the employee shall be granted three (3) days of personal leave to be used during the six month extension. Permanent employees who have passed probation will be granted three (3) days of personal leave on January 1st and three (3) days on July 1st of each calendar year. Personal leave may be used in half or full day increments for hourly employees. Such leave shall be for the purpose of the employee conducting necessary personal matters or in cases of emergencies or illnesses of family members. No employee shall have more than six (6) personal days on the books at any given time.

  1. Relief time

  1. A relief day may be taken, subject to manager’s approval, in whole day increments. Request for a relief day off shall not be unreasonably denied.

  2. For full time, overtime exempt employees within the unit, the following provisions concerning relief time will apply. Employees will have at least one day off per calendar week and will have six days off within any four consecutive calendar weeks. In the event that either of these requirements is not met, the employee will be entitled to one and one-half recovery days for every scheduled day worked in excess of these limits.

  3. The parties acknowledge that working weekends can be strenuous on organizer’s personal life; however, the parties also acknowledge that the nature of organizing work necessarily requires that organizers will need to work nights and weekends as a regular part of their jobs. Where work may be accomplished during regular business hours, management will not unreasonably interfere in the decisions of an organizer or lead organizer as to when to accomplish that work.

      • Employees will accrue one additional relief day for every ten (10) cumulative nights away from home.

  4. Relief time shall be used within twelve weeks from the date it was accrued, unless management and the employee agree on an extended period for the use of the time. Management will not unreasonably interfere in the use of relief time.

Notwithstanding the provisions of Sub-Section ii, overtime exempt employees may be required to work consecutive days for the period not to exceed twenty one (21) days prior to any political elections, the period not to exceed twenty one (21) days prior to a union election or ratification vote, any period not to exceed twenty one (21) days prior to a critical event at the legislature as agreed upon by the LMC, or any other period for an essential event as agreed upon by the LMC. Those employees who fulfill participation expectations during the extended campaign period shall accrue one relief day.

  1. Personal Holiday Leave – Birthday

Employees will be granted a personal holiday to be taken on employee’s birthday or on another day suitable to COWINS and the employee. This personal holiday must be taken within the calendar year and cannot be carried over into the following calendar year.

6. Unpaid Leaves of Absence

    1. Types of Leave: Leaves of absence for reasons other than disability, personal illness, family illness, parenting or military service, are granted at the sole discretion of COWINS.

    1. Requests for Leave: Staff requests for a leave of absence must be submitted in writing to their supervisor stating the purpose of the leave, the first date of the leave and the anticipated return date.

    1. Requests for Extension: If possible, an employee is required to identify the anticipated date of return from a leave of absence at the time the request for leave is made. Requests for extensions of leaves of absences must be submitted in writing with an explanation of the need for the extension and with, where applicable, medical documentation of the need for the extension. Extensions of leaves of absence shall be granted at the sole discretion of the employer.

    1. An employee returning from an approved leave of absence shall be guaranteed return to the same or equivalent position and shall be entitled to his or her same pay plus any across-the-board increases given during the first year of the leave.

    1. An employee, who wishes to return from an approved leave of absence earlier than anticipated, shall provide reasonable advance notice to their supervisor of the intended date of return.

7. Family and Family Medical Leave

    1. Colorado WINS will fully comply with all provisions of the FMLA, whether or not the Employer falls below the minimum number of employee to be legally bound by FMLA. The below provisions provide for rights that are in addition to those governed by state and federal law.

    1. In addition to those reasons provided for under the FMLA, Colorado WINS will allow for FML for the placement of a son or daughter with the employee for adoption or foster care.

    1. In addition to other forms of leave provided for in this contract, COWINS will provide, upon request, six (6) weeks paid parental leave for any employee who has been employed with COWINS for six months or more.

8. Medically Related Leave Absences Upon Exhaustion of all other forms of Leave

    1. COWINS will comply with all federal and state laws concerning family medical leave. The rights described below shall be in addition to those rights already found in law.

    2. COWINS may provide unpaid leaves of absence for employees who have exhausted all other forms of leave and who are not able to return to work for medically certified reasons. The duration of the leave will be within the discretion of the Employer.

    3. Employees who require a medical leave of absences shall notify their supervisor and Executive Director as soon as possible by submitting their request on the standard form provided by Colorado WINS.

    4. COWINS may request any necessary medical information in making the determination.

    5. Leave may be taken intermittently or on a part-time schedule when medically necessary.

Physical inability to work due to pregnancy shall be considered the same as inability to work due to any other physical disability. Leave granted pursuant to this subsection will be in addition to other forms of leave, including section 8.c.9. Military Leave

Leaves of absence for the performance of duty in the U.S. Armed Forces or with a Reserve component thereof will be granted in accordance with applicable law. An employee may use vacation or personal leave for this purpose, at his/her own discretion.

9. Bereavement Leave

  1. Employees shall be allowed four (4) days bereavement leave without loss of pay in the event of a death of a family member or other person with whom the employee has a close relationship. In keeping with COWINS recognition of the diversity of COWINS staff the definition of family member and others is purposely broad because today’s families do not necessarily reflect the traditional family structure.

  1. Necessary time off without loss of pay for travel purposes, as measured by the fastest practical mode of transportation, shall be granted upon request of the employee when, in COWINS’ judgment, such additional time is warranted.

10. Witness Leave and Jury Duty

  1. Employees who are subpoenaed to serve as a witness in a criminal or civil proceeding will be given the necessary time off. This excused time off will be unpaid, unless COWINS determines in its sole discretion that the employee should receive paid leave. COWINS will not discriminate against any employee who is requested to serve as a witness.

  1. An employee summoned for jury duty or jury qualification, must notify their supervisor immediately. Full wages shall be paid to the employee when so engaged as a juror. All monies received by the employee for his or her services as a juror shall be turned over to the Employer with full endorsement.

11. Leave as a Result of Loss of Driving Privileges

Employees who are required to drive as part of their job and who temporarily lose their right to drive shall be allowed to take unpaid leave of up to 90 days without loss of employment.

12. Health and Safety

  1. The employer shall provide and assure a safe and healthful workplace. No employee shall be required to work at the unusual risk of injury, disease, or death.

  1. Specific needs and issues up to and including formulation of policies and procedures regarding the safety of staff and campaign needs shall be addressed by the Labor Management Committee.

  1. COWINS will make reasonable accommodations to provide staff with a safe, clean and secure area to express milk.

  1. When the office is closed due to weather or other hazardous conditions employees shall receive their full pay for the period of closure. The highest ranking manager or the manager’s designee at each office location shall make the decision concerning office closure.

13. Telecommuting

In instances of severe weather or dangerous and/or difficult road conditions or any other situation preventing employees from reporting to the office, the employee can request to Telecommute for the work day, performing meaningful work from home. Such requests should not be unreasonably made, or denied.

14. Release Time

    • In respect to our staff’s need and desire to contribute to all aspects of the labor movement, COWINS will not unreasonably deny requests for release time to take part in CWA-DNG activities. No unit employee will receive more than three (3) days of paid release time annually.

Article IV

Career and Wage

    1. Job Classifications. The job classifications shall be as following:

  • Organizer in Training

  • Grade I

  • Organizer

  • Grade II

    • Senior Organizer

  • Grade III

      • Lead Organizer

      • Communications Coordinator

      • Office Manger

  • Grade IV

      • Grievance Coordinator

      • Political Coordinator/Data Specialist

    1. Wages

      1. Probationary employees shall progress pursuant to the contract.

      1. In order to be promoted to Grade II as a senior organizer, the employee must have at least 1 year of experience with COWINS.

      1. The senior organizer is an organizer who has demonstrated advanced abilities in member leadership development, mobilization, collective/workplace actions. The senior organizer works under the direction of lead organizers to perform reconnaissance and probing of organizing targets, builds a list of workers, explores worker interest, maps out the physical location of facilities and analyses shift structures for campaign projects.  Provides for recruitment of volunteer organizers from within the membership and for their training in house calling and other campaign elements. Visits workers in their homes and leads teams of volunteer house-callers in the campaign.  Under direction and plan of lead organizers, develops broad, representative organizing committees of worker-leaders, and trains and deploys them to move the campaign. Writes leaflets and other materials for organizing campaigns. Operates organizing database.   

      1. An organizer may be promoted to senior organizer at the time of the performance evaluation. Each organizer will be evaluated on criteria as established in the performance evaluation and criteria above. To be promoted to senior organizer, an organizer shall be consistently performing at a level and showing skills that excel in the development of leadership and building union structure. All decisions concerning performance evaluations shall be within the purview of the Employer. If the Employer fails to conduct a performance evaluation, the affected employee shall be considered to have met the expectations of their job descriptions for that period of the evaluation.

      1. A Lead Organizer is an organizer who works in a leadership role within their team, assuring that all team members are completing work as assigned. The lead is responsible for two-way communication between their team and management, including notifying the appropriate manager of any performance, attendance, or conduct issues that may arise within their team. All bargaining unit members acknowledge and accept the role Lead Organizers have within the organization and shall not question that role.

      1. Upon promotion to any higher pay grade, the promoted employee shall immediately be paid within the higher grade and at least at the step within the higher grade that is greater than the employee’s prior grade and step.

      1. For all hourly employees, overtime shall be compensated for at one and one-half (1 1/2) times the employee’s regular straight-time hourly rate of pay. Overtime shall be defined as those required hours of work which exceed thirty-seven and one half (37 1/2) hours in a week. An employee requested to work on Saturday, Sunday, or a holiday shall be guaranteed a minimum of four (4) hours overtime or compensatory pay.

      1. Hourly employees may request compensatory time in lieu of overtime pay for each overtime hour worked in excess of seven and one half (7 1/2) hours in a day at the rate of one and one half (1 1/2) hours of compensatory leave for each overtime hour worked.

      1. Employees hired for the position of organizer may be placed in the OIT range. Upon successful completion of probation, an employee in the OIT grade shall be moved to the Grade I start step. No employee shall remain in the OIT grade later than their one year anniversary

      1. Employees shall advance to the next step within the employee’s pay grade on his/her anniversary date of hire, or most recent date of promotion. The date of hire for employees employed prior to December 15, 2008 shall be December 15, 2008.

      1. Employees who are paid salaries below the FLSA overtime exempt minimum of $47,476 shall be eligible to receive time and one-half overtime pay for hours worked beyond forty (40) hours in a pay week. Salaries are based on a 35 hour workweek. So for the purpose of calculating overtime pay the employee’s weekly salary shall be divided by 35 hours to determine the employee’s hourly rate. That amount shall be multiplied by 1.5 to determine the overtime rate. Overtime is not owed for less than forty hours in a workweek.

Salary Scales:

The 2016 rows in the scales above are intended to establish the scale structure and to accommodate any changes in scale amount that may be negotiated in 2016.

Office Manager is an hourly position paid a rate equivalent to Grade 3 salaries based on 37.5 hours per week. The chart below shows the weekly and hourly rate for the position.

3. Bilingual Differential

    1. An employee who is required, in the regular course of their assigned duties, to use a second language will receive a two hundred ($200) dollars per month differential subject to such an employee demonstrating an oral fluency in the second language required.

4. Benefits

  1. Management and representatives of the staff union shall meet and confer to discuss any proposed changes to the present benefits packages including the issuance of request for proposals from providers and evaluation of those proposals.

  1. COWINS provides for its staff a full range of benefits, which are summarized below. Employees, their dependents and/or their domestic partner are covered under COWINS Health, Hospitalization and Pension Programs. Other than domestic partner, eligibility of dependents shall be consistent with State and Federal laws. Within thirty days of employment, new employees will receive detailed summary plan descriptions of all medical and retirement benefits offered.

  1. Definition of Benefits

Health, Dental, Vision and Prescription Insurance: Premiums for coverage shall be 100% paid by COWINS for employee and their dependents.

      1. Eligibility for New Staff. An employee and their dependents are eligible for fully paid medical, dental, and vision benefits.

      2. COWINS intends to continue its current insurance coverage. COWINS will notify employees of any substantive change in coverage as far in advance as possible.

      3. If an employee is hired within the 1st and 14th of the month, insurance coverage will go into effect on the first day of the following month. If an employee is hired between the 15th and 31st of the month, coverage will go into effect on the first day of the third month of employment.

      4. Domestic Partner’s Benefits are available for the domestic partner of an employee, provided all of the eligibility requirements are met.

5. Child Care Reimbursement

    • Colorado WINS shall pay up to $13 per hour for out of pocket child care expenses for any hours worked after 6 pm and prior to 8 am weekdays and for any time worked on weekends and holidays. Receipts must be provided prior to payment for said expenses and a spouse or significant other shall not be eligible for reimbursement.

6. COBRA

Upon termination of employment, employees may extend their health coverage through Omnibus Budget Reconciliation Act of 1985 (COBRA). COWINS employees covered by the COWINS medical benefits plan have the right to continue their current coverage at their own expense in accordance with COBRA regulations if they terminate employment with COWINS for any reason other than gross misconduct.

7. Workers Compensation

  1. COWINS will be fully compliant with state workers compensation laws. Provisions in this contract should be construed as providing rights in addition to those already provided by law.

  1. When a worker’s compensation physician determines that an injured employee is able to return to work on a modified or reduced duty basis, the employer may assign the employee to any meaningful work within the bargaining unit or assign a reduced work schedule. The employee shall be paid at his/her regular weekly rate. Time worked in modified or reduced duty status shall not be considered in employee evaluations or disciplinary actions.

8. Life and AD&D Insurance

Employees are eligible for the death benefits provided for in the SEIU Affiliate Medical Plan after one year of service.

9. Pension

COWINS staff participates in the SEIU Affiliate Staff Plan. The plan is a defined benefit plan fully paid by the employer. COWINS contributes a percentage of each employee’s base pay/salary on a monthly basis. The contribution rate shall be set by the Plan and paid for by the Employer. A copy of the summary plan description shall be made available to each employee.

10. 401K Retirement

Employees may participate in the COWINS 401K Retirement program. This plan is 100% employee contributed.

11. Car Allowance and Mileage Reimbursement

    1. The employer agrees to provide all staff who are required to use a car for business purposes a two hundred twenty five dollar ($225) per two week pay period taxable car allowance. Car allowances shall be paid to employees with their regular bi-weekly pay in equal amounts over twenty-six (26) pay periods per year. This allowance shall be payment for the costs of operating the employees’ vehicle. Payment for expenses incidental to travel such as parking and tolls shall be reimbursed as expenses per Section 2.

    1. Employees exceeding the number of miles covered by the car allowance of $225 per two week period as compared to the current IRS mileage rate shall be reimbursed at the IRS rate for all additional business mile driven during each two-week pay period . For example, the IRS mileage rate on the date of ratification was 54 cents per mile. ($225 divided by 54 cents equals 416 miles) Employees would be reimbursed at 54 cents per mile driven beyond 416 miles in the two-week pay period.

    1. To be eligible for the car allowance as described in this Section 11, the employee must have a valid driver’s license for that period of reimbursement.

    1. COWINS shall provide each employee with AAA coverage.

12. Expense reimbursements

      1. Business expenses. All reasonable small business expenses incurred by the employee including, but not limited to, meeting expenses, personal office costs, business calls charged to the employee and postage shall be submitted for reimbursement under the reimbursement procedures established by COWINS. All large business expenses including, but not limited to air fare, lodging, and car rental shall be paid directly by COWINS or charged to COWINS unless otherwise impracticable. Any business expense over $100 must be preapproved.

      1. Per Diem. When an employee is spending at least one night away from home in Colorado, the employee will receive $45 per day for each night away from home. An employee may request per diem for day trips consisting of long hours and significant travel. Such requests shall not be unreasonably denied. When working out of state, an employee shall receive per diem at the allowable IRS rate for the City the employee is in. Upon the employee’s request, COWINS shall make reasonable efforts to insure employees can cover expenses for assignments which require travel away from home.

      1. COWINS shall provide to all employees, a smart phones with a service and data plan adequate to perform the job, or reimburse the employee for use of their personal smart phone as follows. If an employee decides to use his/her personal smart phone for work instead of a COWINS issued cell phone the employee will be given a cell phone taxable allowance of $75 a month.

13. Seniority

  1. With the exception of vacation accrual discussed in Section III (c)(7) of this document seniority shall be calculated from the employee’s most recent hire date with COWINS. Seniority shall prevail in cases of:

  • Transfers

  • Layoffs

  • Vacation priority

  • External training opportunities

  1. Seniority shall terminate if the employee quits or is discharged for just cause; fails to return to work at the expiration of an employer approved leave of absence; retires; has a break in service of more than 30 calendar days.

  1. Employees who accept a recall from layoff as provided in section 14 below shall have their full seniority restored.

14. Layoffs and Recall

  1. The employer retains the right to reorganize its operations provided that the employer meets with the union prior to any major reorganization and discusses the impact any such reorganization would have on members of the bargaining unit and alternatives to the reorganization.

  1. Notice. Any permanent employee to be laid-off shall be given either four (4) weeks notice in writing or four (4) weeks pay in lieu of notice. At WINS’ or the employee’s option, an employee may elect to terminate immediately upon notice and receive four (4) weeks of pay in lieu of notice. A copy of the layoff notice shall be submitted to the DNG unit chair.

  1. Should COWINS have to reduce the number of employees in a job classification, the employees in that job classification may volunteer for the layoff by seniority and that approval will be based upon the remaining employees being able and qualified. If no employee volunteers for the layoff, then COWINS shall layoff the least senior employee in that classification, or exercise the right to layoff out of seniority order as described in (d) below.

  1. COWINS may reduce the number of employees without regard to seniority by notifying the employee(s) to be displaced and paying an additional four (4) weeks of severance pay.

  1. Employees scheduled to be laid off may bump back into a previously held job title in a lower classification. For example, an Organizer promoted to Sr. Organizer then laid off may return to the Organizer position. In such case, the least senior person in the bumping employees prior job title shall be the one subjected to layoff. The bumping employee’s pay shall be adjusted to the appropriate level and step for the position returned to. An employee displaced by such bumping may also bump to a previously held job title, if any. The right to bump shall not apply when the company exercises its right to layoff without regard to seniority order as described in (d) above.

  1. An employee who is laid off while on an approved disability leave of absence shall be eligible to continue to use any form of paid leave earned and accrued prior to the effective date of the layoff, and any leave from the Sick Leave Bank for which approval was granted prior to the notification of layoff. Health insurance coverage for employees who are laid off while on an approved disability leave of absence shall continue to the extent provided in this agreement.

  1. Employees who have completed their probationary period and are laid off shall be maintained on a recall list for two (2) years from lay-off date. Whenever job openings in a job classification where there are employees on layoff, such employees will be recalled to their former, or any substantially equivalent, position for which they are able and qualified on a seniority basis. The recall offer shall remain in effect for two (2) weeks. It is agreed that qualifications may vary depending upon the remaining work.

  1. The Employer will make a good faith effort to assist laid off employees in finding other suitable employment with the three parent unions or other organizations. The Executive Director shall provide a reference stating the employees dates of employment, position held, job duties and the reason for termination.

  1. Recall rights for employees who are laid off while on an approved disability leave of absence shall commence on the date the employee is released from disability by their physician and able to return to work.

  1. The employer will continue providing health insurance through the month subsequent to the four week period identified in this subsection 14.b.

  1. Laid off employees shall receive one week’s pay for each one year of service up to a maximum of six (6) weeks of pay as severance. This shall be in addition to any amount as provided for in subsection (b) of this section 14.

15. Filling of Vacancies

  1. Management shall regularly update staff via electronic mail of all available vacancies within the organization including positions outside of the bargaining unit.

  1. Vacancies shall be posted internally for a period of 2 weeks before external candidates are interviewed. Positions shall not be posted externally prior to being posted internally.

  1. When filling vacancies, the criteria for consideration will be within the discretion of management; notwithstanding this right of management to fill positions as it deems appropriate, management may consider seniority as one of these criteria in the evaluation process.

Article VII

Education and Training

  1. Programs. COWINS may provide programs for the training and career development of its employees in the various skills, knowledge, and abilities which will best qualify them for performance of their official duties as COWINS employees, and enhance their promotional opportunities. This may include in house training programs or upward mobility programs considered job-related.

  1. Eligibility. Each employee with at least six (6) months of seniority may be eligible to attend seminars, courses, and conferences not sponsored by COWINS which are job related or related to career development with COWINS. Such courses must be approved in advance by their immediate supervisor.  The costs of an approved course, including travel and room accommodation, shall be paid directly by COWINS, subject to budget constraints and the timely submission by the employee. COWINS will make reasonable time available for employees to attend courses.

Article VIII

Savings Clause

In the event that any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any law, ruling or regulation of any governmental authority or agency having jurisdiction of the subject matter of this Agreement, the reminder of the Agreement shall remain in full force and effect.

Article IX

Duration of Agreement

This agreement shall be effective as of November 15, 2016 and shall continue in full force and effect until June 30, 2017. The provisions of the contract will remain in full force and effect until the parties reach a new agreement or impasse.

Signed this 15th day of September, 2016.

Colorado WINS Denver Newspaper Guild-CWA,

Local 37074

Tim Markham Benjamin Bull

Cindy Taylor

Olga Robak

Tony Mulligan

MEMORANDUM OF AGREEMENT #1

Concerning Closure or Merger of the Local

If COWINS Local 1876 is dissolved resulting in the layoff of employees, all monetary obligations proved in the layoff provision of the Contract shall apply.

If COWINS Local 1876 is to be merged with or absorbed by another local, COWINS shall notify the DNG unit and the parties shall enter into affects negotiations to address any changes in pay or other working conditions that may result from such merger or absorption.

In case of merger or absorption, COWINS employee that are not laid off through the transition shall have the right to resign during the transition and receive severance as provided in the Contract.

FRESC

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Agreement Between

Denver Newspaper Guild (DNG) CWA Local 37074

Program Staff of FRESC

And

FRESC: Good Jobs, Strong Communities

aka the Front Range Economic Strategy Center (FRESC)

March 1, 2016Table of Contents

ARTICLE 1: MISSION STATEMENT 1

ARTICLE 1A: STAFF COMMITMENT AND VALUES 1

ARTICLE 2: LABOR MANAGEMENT COMMITTEE 1

ARTICLE 2A: RACIAL JUSTICE COMMITTEE 2

ARTICLE 3: RECOGNITION 2

ARTICLE 4: PROBATIONARY PERIOD 4

ARTICLE 5: PROFESSIONAL DEVELOPMENT 4

ARTICLE 6: NON-DISCRIMINATION 5

ARTICLE 7: HOURS OF WORK 6

ARTICLE 8: PROMOTIONS 6

ARTICLE 9: PAID TIME OFF 8

Comp Time 8

Holidays 9

Vacation 10

Sabbatical Policy 10

Sick Leave 11

Sick Leave Bank 12

ARTICLE 10: EXCUSED ABSENCES 12

Jury Duty or Subpoenas 12

Paid Bereavement Leave 13

ARTICLE 11: PAID MATERNITY/PATERNITY, CO-PARENT OR ADOPTION LEAVE 13

ARTICLE 12: UNPAID LEAVE 14

ARTICLE 13: SALARY 14

Car Allowance 15

Cell Phone 15

Reimbursements of Work-Related Expenses 16

ARTICLE 14: INSURANCE AND BENEFITS 16

Disability Insurance 16

Health Care Benefits 16

Retirement Benefits 17

ARTICLE 15: TEMPORARY REASSIGNMENT TO AFFILIATED ORGANIZATION OR PROJECT

SUPERVISED BY OUTSIDE PERSONNEL 18

ARTICLE 16: LAYOFFS 18

ARTICLE 17: DISCIPLINARY & CORRECTIVE ACTION PROCEDURES 19

ARTICLE 18: DISCHARGE FOR JUST CAUSE 20

ARTICLE 19: GRIEVANCE 20

ARTICLE 20: BARGAINING UNIT REPRESENTATIVE INVOLVEMENT IN HIRING 22

ARTICLE 21: NO STRIKES OR LOCKOUTS 22

ARTICLE 22: RIGHTS OF THE PARTIES 22

ARTICLE 23: SAVINGS CLAUSE 23

ARTICLE 24: TERM OF AGREEMENT 23

Agreement Between

Denver Newspaper Guild (DNG)

And

Program Staff of FRESC: Good Jobs, Strong Communities, aka: the Front Range Economic Strategy Center (FRESC)

This Agreement is entered into by and between the Front Range Economic Strategy Center hereinafter referred to as “FRESC” and the Denver Newspaper Guild herein after referred to as “DNG.”

ARTICLE 1

MISSION STATEMENT

Our mission at the Front Range Economic Strategy Center is to improve the lives of Colorado’s working people and strive to ensure a just economy for all.

The parties agree that the organization’s mission is to advance the interests of and build power for low and moderate income people.

ARTICLE 1A

STAFF COMMITMENT & VALUES

All parties to this agreement agree to maintain an atmosphere of mutual responsibility, dignity and respect to ensure that these objectives are achieved.

FRESC promotes a culture of participatory democracy and encourages the expression of all ideas and opinions that relate to program, mission, vision and other items of concern.

FRESC management supports an atmosphere of free speech within the organization, including the employees’ right to open debate without judgment or retaliation for their views.

FRESC management values an organization of open dialogue and will meet with the bargaining unit to discuss areas of concern as necessary.

ARTICLE 2

LABOR MANAGEMENT COMMITTEE

The purpose of the Labor Management Committee (LMC) is to promote communication, problem solving, diversity and increased effectiveness of the FRESC staff as a whole and to develop a more effective, democratic organization.  The LMC cannot change the language or the application of the collective bargaining agreement.  The LMC is empowered to deal with subjects outside of the labor agreement as well as with the application of the agreement.

The LMC will meet monthly or as needed unless both DNG and FRESC Management mutually agree to reschedule or that there are no issues to discuss.  The Committee must meet at least quarterly.  There shall be five (5) standing members, (2) Management, (2) DNG, and (1) OPEIU. Any group may have alternates as needed.

The position of Chair of the LMC shall rotate between DNG and management annually. In odd years, management committee members shall select the Chair. In even years, DNG committee members shall select the Chair. The Chair is responsible for assuring that meetings are scheduled, confirmed, and do take place. In addition, the Chair is responsible for collecting agenda items for each meeting and delivering the agenda to all committee members at least one day prior to the meeting. Committee members must send proposed agenda items to the Chair at least two days prior to each meeting.

ARTICLE 2A
RACIAL JUSTICE COMMITTEE  

Vision for the Racial Justice Committee: Explicit aim to dismantle racism internal and externally within the organization of FRESC.

The purpose of the Racial Justice Committee is to ensure that racial justice is a core element to all of our work at FRESC.

Internally, the committee is responsible for maintaining transparent accountability of staff and management, providing training/activities that promote individual and organizational growth, and regular assessment of professional development plans and hiring practices to ensure they align with RJ values. The committee also oversees the RJ budget line item(s).

Externally, the committee promotes and encourages the integration of restorative justice values in our campaigns, partnerships, and leadership engagement.

The committee must have mandatory quarterly meetings, with the expectation of monthly meetings (committee members can cancel by majority agreement).  People of Color must represent at least half of the membership. It must always include at least one member of management.

ARTICLE 3

RECOGNITION

FRESC hereby recognizes the DNG as the exclusive collective bargaining representative for program staff with the titles of Organizer, Researcher, Policy Analyst, Program Associate, Projects Coordinator, and other program positions that may be created in the future which are not otherwise excepted under the provisions below.

An intern is an enrolled student or an individual who has graduated within the previous six (6) months who is hired or who volunteers for a time-limited position intended to provide experiential learning and exposure to FRESC’s work, whether or not such internship is connected to academic credit.

A temporary employee is a non-intern employee hired for an anticipated term of less than five months, or any employee hired to cover for another employee who is on a temporary but extended leave of absence.

A project employee is a non-intern employee hired for a time-limited project or with a time-limited stream of funding to complete a specific project, with an anticipated term of more than five months and less than a year.

The parties agree that supervisors, managers, office/clerical employees, interns, and temporary employees are not covered by this agreement.

The parties agree that project employees shall be members of the bargaining unit and subject to all terms of this agreement, with the exception of those provisions related to notice or rights related to lay-offs. FRESC agrees to notify DNG upon creation of any new non-supervisory job titles, or upon hiring any non-confidential office/clerical staff who are not going to be members of another collective bargaining unit, and upon request, agrees to bargain on the inclusion or exclusion of those new positions in the bargaining unit.

For project employees, FRESC shall meet with affected employees half way through grant period to develop a plan of action for fundraising to continue the position or otherwise retain the employee. FRESC shall also have related conversations with affected staff as part strategic planning and on ongoing basis.

FRESC will make every effort to hire employees on a permanent basis.

DNG can hold quarterly meetings of reasonable duration and occasional additional meetings on specific issues during FRESC work hours. DNG can hold additional meetings, of reasonable frequency and duration, before contract negotiations. DNG is permitted to meet in the FRESC office.

FRESC will allow each employee to attend one union meeting or training opportunity (one week or less) per year with full pay. FRESC will consider lost time (DNG pay) for further meetings or trainings. FRESC employees will notify management as early as possible about meetings or training opportunities. Reasonable requests will not be denied.

FRESC management will consider long term (more than one week) union leaves of absence on a case by case basis.

All employees covered by this Agreement, shall, as a condition of continued employment, become and remain members in the Denver Newspaper Guild to the extent of remitting to DNG, an initiation fee and membership dues uniformly required as a condition of acquiring or retraining membership in DNG, whenever employed under and for the duration of, this Agreement.

Upon receipt of a properly signed form, FRESC agrees to deduct all dues, fees and COPE contributions and remit same to the Secretary of DNG or his/her designated recipient.

ARTICLE 4

PROBATIONARY PERIOD

New employees shall be on probation for a period of three (3) months and within this period may be terminated at FRESC’s discretion and without recourse to the grievance procedure. This period gives FRESC an opportunity to observe and evaluate the capacity of the employee, including the employee’s ability to satisfactorily perform the essential functions of his or her job; and to observe and evaluate the employee’s work habits and conduct.

FRESC will make all reasonable efforts to provide advance notice to a probationary employee of any weaknesses in skills or performance which, if not corrected, could result in discharge prior to the expiration of the probationary period.

Extension
Under some circumstances, the employee’s probationary period may be extended up to an additional 3 months. Extensions must be considered before the three month probationary period ends and may be granted upon mutual agreement between FRESC and the bargaining unit. If an extension is granted, FRESC must generate and follow a formal performance improvement plan (PIP).

ARTICLE 5

PROFESSIONAL DEVELOPMENT

Professional development is the continuous process of acquiring new knowledge and skills that relate to one’s profession, job responsibilities, or work environment. It plays a key role in maintaining trained, informed, and motivated employees, regardless of job classification and in accordance with the non-discrimination statement of Article 4 of this agreement.

FRESC recognizes the importance of professional development for its employees and values increasing its staff’s capacity and skills. FRESC will work with the bargaining unit, through the Labor Management Committee (LMC), to develop, and revise as needed, an organizational template for professional development plans for FRESC employees.

At least once a year, every employee and his/her supervisor will prepare a professional development plan. The supervisor and employee will discuss both individual interests and organizational needs during this process.

In addition to these plans, the parties agree to regularly share available professional development options, including identifying and sharing training opportunities via email and in staff meetings with all employees.

Options for professional development are varied and may include but are not limited to internal, community-based, professional, union, local or possibly national education. Professional development shall be consistent with organizational goals and resources.

Process

An employee desiring to enhance skills, knowledge and/or ability to perform tasks relevant to their existing position or another position at FRESC may request specific training. Such requests shall be evaluated on the basis of organizational goals and resources (both costs and time away from work), as well as ensuring that employees have the opportunity to enhance their skills. Such requests shall not be unreasonably denied.

Transparency

The parties recognize the need for transparency in the spending of professional development dollars. FRESC agrees to share the budget for professional development with the bargaining unit annually as well as provide quarterly updates on how the funding is being spent broken down by individual employee.

ARTICLE 6

NON-DISCRIMINATION

FRESC is an equal opportunity employer. FRESC is firmly committed to maintaining a work atmosphere in which people of diverse backgrounds may grow personally and professionally. FRESC will not discriminate against an applicant or employee on the basis of race, religion, sex, national origin, ethnicity, color, age, physical ability, political affiliation, sexual orientation, gender identity and expression, marital status, veteran status or medical condition or economic status.

Bullying

FRESC promotes a healthy workplace culture where all employees are able to work in an environment free of bullying behavior.

FRESC defines bullying as persistent, malicious, unwelcome, severe and pervasive mistreatment that harms, intimidates, offends, degrades or humiliates an employee, whether verbal, physical or otherwise, at the place of work and/or in the course of employment.

Bullying can occur at all levels – between directors, between supervisors and employees, and between employees. Bullying includes, but is not limited to, verbal communication, manipulating the work environment, and psychological manipulation. FRESC considers the following types of behavior to constitute workplace bullying: personal attacks such as angry outbursts, excessive profanity, or name-calling, staring; glaring or other nonverbal demonstrations of hostility; abusive and offensive language, insults and teasing; spreading rumors and innuendo; and encouragement of others to turn against the targeted employee.

Critical comment relating to performance deficiencies, and constructive feedback or counseling on work performance, increased supervision, verbal warnings and written warnings are appropriate and reasonable and do not constitute bullying under this policy. Critical conversations between employees or from employee to supervisor are also appropriate and reasonable.

FRESC considers workplace bullying unacceptable. FRESC encourages all employees to report any instance of bullying behavior to their immediate supervisor and/or another director. Employees who feel they are subject to bullying may also file a grievance. Any reports of this type will be treated seriously and investigated promptly and impartially. FRESC requires any supervisor who witnesses any bullying, irrespective of reporting relationship, to immediately report this conduct to the Executive Director.

FRESC will protect an employee who reports bullying conduct from retaliation or reprisal. Any employee found in violation of this policy will be disciplined in accordance with the relevant contract article. Independent contractors found to be in violation of this policy may be subject to contract cancellation.

ARTICLE 7

HOURS OF WORK

Both parties recognize that the nature of work at FRESC may require long, irregular hours, including weekend and evening work. The minimum hourly expectation for employees is 40 hours per week, including a sixty-minute daily lunch period.

All parties agree that employees may be required to work longer hours as required to complete tasks in a timely manner, or as required by the demands of a comprehensive campaign for socio-economic change that seeks to involve working families who may only be available on evenings and weekends.

FRESC employees are responsible for meeting work hour expectations and completing their work. FRESC strives to foster a work environment based on trust. FRESC recognizes that its employees are professionals and therefore can manage their own schedules and hours of work to meet personal and organizational needs. FRESC acknowledges that some personal tasks need to be handled during traditional work hours and employees are free to do so within reason. FRESC employees should use their shared calendars to mark time being used for personal and organizational tasks.

ARTICLE 8

PROMOTIONS

Written job descriptions are required for all employment positions. Each job description must detail the position’s job functions and tasks.

New Positions – Job Postings

In the case when FRESC is adding a new position, FRESC creates a job posting in

the following manner:

        1. The Director Team creates a draft job posting for the position.
        2. FRESC shares the draft job positing with the DNG Bargaining Unit chair and gives adequate time for feedback.
        3. The draft job posting is then shared at a staff meeting for discussion and feedback.
        4. The Director Team incorporates appropriate feedback and finalizes the job posting.
        5. The Office Manager converts the job posting from a Word file to a PDF file and applies the OPEIU “bug” in the footer of the document. The Office Manager saves the file on the “S” drive on the server (FRESC’s Internal Shared Server Drive).
        6. The job posting is shared internally with all staff via email with an invitation to apply 2 business days before public posting. Employees that wish to be considered within this internal period must give notice of interest in the position via email within the 2 business days, but a full application is not required. If employees do not indicate their interest during this period, they still have the option of submitting a full application after the position is posted publicly.
          1. If FRESC wishes to hire the internal applicant for the new position, then the job is not posted publicly.
          2. If FRESC does not wish to hire the internal applicant without reviewing external candidates, then FRESC will inform the internal candidate and then share the job posting publicly.
          3. If there are no internal applicants at the end of the 2 business days, FRESC shares the job posting publicly.

Revising/Updating Current Job Descriptions

During the employee’s annual evaluation or at other times, the Supervisor or Employee may decide that revisions are needed for a current job description.

  1. The Supervisor and the Employee work together to edit the job description.
  2. The Supervisor sends out request for general suggestions for the job description regarding organizational needs to full staff with deadline to reply.
  3. Staff with feedback reply to the Supervisor and Employee.
  4. The Supervisor and Employee finalize draft and forward to the Director Team for review.
  5. The Director Team forwards to the DNG Bargaining Unit Chair and the OPEIU steward for review with a deadline to reply.
  6. The Director Team finalizes the job description.
  7. The Supervisor posts the file on the on the “S” drive on the server (FRESC’s Internal Shared Server Drive) and sends an email to the full staff notifying the staff that the revised job description is now available.

Lead Staff

Additional Responsibilities:

The lead staff position was created to provide opportunities to highly skilled and committed staff members to take on additional responsibilities and leadership within FRESC. The director team (management) may determine the programmatic need for additional responsibilities to be added to those already outlined in the job description of organizer, policy analyst, or researcher. In such cases, a member of the DNG bargaining unit may accept these additional responsibilities and be eligible for a minimum 2 level increase per the Pay Scale in Article 13 of this Collective Bargaining Agreement. Employees shall receive the 3% COLA increases in odd anniversary years and 10% retention increases in even anniversary years on the anniversary date following the acceptance of the increase in responsibility and pay. The cap on the Pay Scale shall be increased to $53,000 for employees opting to take the additional responsibilities. The cap for other bargaining unit employees shall remain as outlined in Article 13 of this Collective Bargaining Agreement.

Lead staff responsibilities on promoted will include:

  • Independently driving a program, key area of campaign, or organizational support
  • Tracking and evaluating progress and effectiveness of organizing/policy strategies and campaign goals, and reporting to the director team
  • Usually training or leading other staff
  • Potentially managing at least one major funder relationship
  • Representing FRESC at major public events

Qualifications:

Employee will need to meet leadership, strategic planning and position goals to qualify for a promotion as specified in FRESC’s Lead Staff Benchmarks policy.

ARTICLE 9

PAID TIME OFF

Comp Time

Both parties to this contract will employ this article with trust, honesty and mutual respect.

FRESC recognizes the demands of working long or irregular hours in a mission-driven organization, and will provide compensatory time (“comp time”) in order to provide staff members with rest and relief from these demands. FRESC shall not assign or expect an unreasonable amount of work from any employee.

Comp time is accrued in one or two-day increments based on the requirements outlined below, and can only be used in 1/2 or full day increments. All employees will track accrual and usage of comp time on a standard form provided by FRESC. Comp time must be scheduled by mutual agreement with the supervisor.

Employees accrue comp time as follows:

 For every two (2) calendar weeks in which an employee works 50 hours or more within a single calendar quarter, the employee shall accrue one (1) comp day.

 If an employee is required to work one (1) full, consecutive weekend days after working a full regular work week (defined as Monday to Friday, except on holidays), one (1) comp day is earned.

  • Hours or days worked in a single calendar week may only be used to accrue comp days under one of the above methods, and hours or days worked in the same calendar week may not be used to accrue comp days through more than one of the above methods.

    • For example, an individual works 8 hours on both Saturday and Sunday in the same weekend. The 8 hours worked on the Saturday result in the individual working 55 hours for that calendar week. The individual may not count the weekend hours worked toward both methods of accruing comp time; they must choose one method.

  • Comp time must be used within the calendar quarter it is accrued or the calendar quarter immediately following the quarter in which it was accrued, and may not be carried over beyond this time period.

When an employee reaches 45 hours worked per week and anticipates working over 50 hours in the week, the employee shall ask for approval from his/her supervisor to work more than 50 hours. If an employee does not receive permission to work more than 50 hours, and the employee has already earned two comp days in the quarter, the employee shall not be able to earn additional comp days unless the comp time would have been triggered by work that was assigned after the employee hit 45 hours.

If an employee is working more than 50 hours per week frequently, the employee and his/her supervisor shall meet to create an action plan to reduce future hours worked per week.

No unused comp time, accrued or otherwise, will be paid out upon any employee’s departure from FRESC.

Comp time is separate and independent of the flexible work schedules in Article 4, Hours of Work.

Holidays

The following holidays shall be observed with no deduction in salary:

New Year’s Day

Martin Luther King Jr. Day

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Day after Thanksgiving

December 24

December 25

Employee’s Birthday

Three floating holidays for religious, ethnic or personal holiday of employee’s choice

In the event that one of these staff holidays falls on a Saturday, the preceding Friday will be observed; in the event that the holiday falls on a Sunday, the following Monday will be observed.

FRESC strongly encourages staff to take these holidays off, but if urgent program needs require you to work on any of these days, the Executive Director, at his/her discretion, may grant a substitute floating holiday.

No holiday leave, accrued or otherwise, will be paid out upon an employee’s departure from FRESC.

Vacation

Employees will receive annual vacation with pay according to the following schedule:

  • During first year of employment: 2 weeks (10 days) paid vacation to be accrued at 2.5 days a quarter which may be used prior to accrual with supervisor approval.

  • During 2nd, 3rd or 4th year of employment: 3 weeks (15 days) paid vacation

  • During 5th – 9th year of employment: 4 weeks (20 days) paid vacation

  • During 10th year of employment and all years beyond the 10th anniversary: 5 weeks (25 days) paid vacation

Employees who have been employed for less than four (4) years may carry over no more than five (5) days of unused paid vacation into the following calendar year. Employees who have been employed for four (4) or more years may carry over no more than ten (10) days of unused paid vacation into the following calendar year. For individuals employed prior to January 1, 2010 who entered 2010 with more than the above allowed number of carried over paid vacation days, these employees shall begin to spend down their excess vacation carry over and shall be subject to the above limits by January 1, 2012. All other employees shall be subject to this provision upon the effective date of this agreement.

Vacation requests are subject to supervisor approval, but such approval shall not be unreasonably denied.

The Executive Director, at his/her discretion, may grant additional vacation time upon hire if negotiated with new employees.

Unused vacation remaining upon an employee’s departure shall be paid out.

Sabbatical Policy

Individuals who have been employed for more than five (5) years are eligible to request a three (3) month paid sabbatical subject to the following procedure and limitations:

  • A proposed plan must be submitted to the Executive Director no less than six (6) months prior to the requested start of the sabbatical, describing how the individual will use the sabbatical to rest, rejuvenate, learn something new, and/or grow professionally. Plans are subject to the Executive Director’s approval.

  • Prior to approval of a sabbatical plan, the Executive Director must also approve a plan for work coverage during the proposed sabbatical.

  • The Executive Director at his/her discretion may also allow employees to add unused paid vacation or other accrued unpaid time for a total sabbatical not to exceed four (4) months.

  • Employees will continue to receive health care and retirement benefits during sabbatical, but no comp time, cell or auto stipends may be accrued during sabbatical leave.

  • Employees shall make a good faith effort to commit to a full year of employment beginning upon their return from sabbatical. If an employee separates from FRESC before one year following their return date, the employee shall compensate FRESC for the value of their sabbatical according to the following scale:

    • If the employee works less than four full months upon return from sabbatical, the employee shall pay FRESC the equivalent of three months’ salary.

    • If the employee works more than four but less than eight full months upon return from sabbatical, the employee shall pay FRESC the equivalent of two months’ salary.

    • If the employee works more than eight but less than twelve full months upon return from sabbatical, the employee shall pay FRESC the equivalent of one month’s salary.

Before leaving on a sabbatical, an employee must sign a promissory note promising to pay back that portion of the sabbatical pay outlined above if he/she leaves within twelve months of returning from sabbatical. As part of the note, the employee must promise to pay all court costs and attorneys’ fees amassed by FRESC if FRESC is required to seek legal action for recovery of un-returned sabbatical pay within a reasonable period of time.

Sick Leave

FRESC grants each employee 12 days of sick leave, with pay, per year. Paid sick leave is distributed to each employee on January 1 for the upcoming calendar year. New employees will receive sick leave at a pro-rated basis based on the date of hire for their first year of employment. Part-time staff are eligible for the same proportion of paid sick-leave as full-time staff, calculated on a pro-rated basis.

Sick leave can be taken in half-day or full-day increments for personal illness, family illness, doctor appointments or other medically related treatments for the employee or his/her family.

A maximum of five days of paid sick leave may be carried over from one year to the next. Employees may donate up to five days of their own paid sick leave to another staff member who is seriously ill and has exhausted his/her paid sick leave.

Employees must make every attempt to notify their supervisor(s) prior to taking sick leave, or as soon as possible thereafter in the case of an emergency preventing advanced notice. Notice must include the employee’s best estimate of the date of expected return to work. In the case of more than five consecutive days of paid sick leave and/or the impression of a problematic use of the paid sick-leave benefit, FRESC may request and the employee shall provide a doctor’s statement to verify the necessity of the absence.

No sick leave, accrued or otherwise, will be paid out upon an employee’s departure from FRESC.

Sick Leave Bank
A Sick Leave Bank shall be used in the event of illness or injury to the employee or employee’s family member, or maternity/new parent leave when an employee has already exhausted their sick time.

Contribution of Sick Leave to the Bank
Each employee who wishes to voluntarily participate in the Sick Leave Bank shall donate a minimum of one (1) day, up to a maximum of five (5) days of sick leave each year to the Sick Leave Bank by written notification to the Labor/Management Committee during the months of June and December each year, or for newly hired employees within ten (10) working days of hire, if not within a month of the two regularly scheduled contribution periods. Donations may be accepted by mutual agreement of the parties by the LMC based on circumstance. Under all circumstances, donated hours will remain in the balance of the sick leave bank for use by other employees. In addition FRESC will contribute five (5) days the bank each year after the first year (January 1, 2014 and subsequent January 1s).

Sick days which are not withdrawn from the bank shall expire one (1) year from the date on which they were deposited.

Withdrawal of Sick Leave from the Bank
Any employee who has contributed to the bank within the last 12 months is eligible to withdraw up to 15 days from the bank each calendar year at the discretion of the labor/ management committee. Employees must use their allotted sick time prior to being able to use sick leave acquired from the bank. It is the preference that sick leave requests be submitted to the committee chair 24 hours prior to the committee’s regularly scheduled meeting; however, it is understood that employees may need to request sick leave as the result of an emergency. Should the committee receive an emergency request they shall deliver a decision to the employee within three (3) business days.

Administration of the Sick Leave Bank
The labor/management committee, as established in article 2, shall administer and track the sick bank. They are charged with reminding employees when donation periods are open, making decisions about sick leave requests, tracking the expiration of hours and the participation of employees. The labor management committee, when making decisions about sick leave bank requests, shall consider criteria including whether or not the requesting employee has used all personal sick leave, the participation of the employee in the bank, the number of days requested and the balance in the bank.

ARTICLE 10

EXCUSED ABSENCES

Jury Duty or Legal Proceeding Leave

An employee shall be excused from work without a reduction in pay if he or she is summoned to serve on a jury. An employee shall be excused from work without a reduction in pay if he or she must make an appearance in a legal proceeding related to the employee’s employment with FRESC, provided he or she is not the complaining party.

The Executive Director may require the employee to present the subpoena or summons to verify the need for absence. An employee is expected to return to work if released from such duty prior to the end of the work day.

Paid Bereavement Leave

An employee shall be excused from work for a maximum period of five (5) days in the event of the death of a significant other or a member of the immediate family. “Significant other” is defined as employee’s boyfriend, girlfriend, domestic partner, or spouse. “Immediate family” is defined as parent, child (including adoptive, foster and step-children), brother/sister, grandparent, grandchild, aunt/uncle, or parents of a significant other. The executive director, at his/her discretion, may grant bereavement leave of up to 5 days for the death of an individual not covered by the above.

ARTICLE 11

PAID MATERNITY/PATERNITY, CO-PARENT OR ADOPTION LEAVE (“NEW PARENT LEAVE”)

In addition to use of any accrued vacation or sick leave, FRESC will grant New Parent leave as described below:

Month

1

2

3

4

5

6

7

8

9

10

11

12

Weeks

0

0

0

2

2

2

3

3

3

5

5

5

Month

13

14

15

16

17

18

19

20

21

22

23

24

Weeks

6

6

6

6

6

6

7

7

7

7

7

7

Month

25

26

27

28

29

30

31

32

33

34

35

36

Weeks

8

8

8

9

9

9

10

10

10

11

11

11

Month

37+

Weeks

12

With approval of the Executive Director and where circumstances allow, FRESC may grant additional unpaid leave (up to three (3) calendar months) to a New Parent.

New Parent leave is exclusively for the purposes of preparing for or caring for a newborn, foster child or adopted child. In order to use new parent leave in the case of fostering a child, you must provide FRESC with documentation showing your intention to adopt the foster child.

You are required to give the FRESC leadership at least three (3) calendar months of notice of your likely intention to take New Parent leave. FRESC, at its discretion, may consider New Parent leave for an adoptive parent who provides less than three months’ notice if the employee establishes that he/she received less than the requisite three month notice of placement of the child in his/her home.

FRESC will attempt to make every reasonable accommodation for employees desiring time off due to pregnancy or a pregnancy related condition. If an employee requests time-off, FRESC reserves the right to request documentation from a medical provider documenting the employee’s inability to work or limitations.

You may also be eligible for short-term disability insurance coverage for some pregnancy-related medical conditions.

Following your New Parent leave, you will be entitled to return to your previous position at the same rate of pay and will suffer no loss of seniority. FRESC will also make every effort possible, within the demands of a normal work load, to accommodate through flexible schedules or other means the exigencies of your new parental status. Flex-time arrangements will be considered on a case-by-case basis with the approval of the Executive Director.

ARTICLE 12

UNPAID LEAVE

FRESC recognizes that there may be times when an employee needs to take a leave from work for longer periods or occasions other than are accommodated by our paid leave benefits. In such an instance, you may request to take unpaid leave, and we will make every effort to accommodate your request without imposing undue hardship on FRESC or the other staff.

ARTICLE 13

SALARY

All Bargaining Unit positions start at Level 1 unless employees have relevant experience or qualifications as described below.

Pay Scale for Bargaining Unit Employees:

Effective

Level 1

Level 2

Level 3

Level 4

Level 5

Level 6 & beyond

Retention Increase Cap

6/1/15

34,000

35,020

36,071

37,153

38,267

3% from prior level

48,000

3/1/16

34,340

35,370

36,432

37,525

38,650

3% from prior level

51,000

If relevant outside experience, new hire moves up one level (3%) for each year of experience. In addition to work experience, relevant experience includes:

  1. Foreign language or relevant advanced degree (M.A. or M.S.) (add one level)

  2. Relevant PhD or a JD (add 2 levels)

FRESC reserves the right to pay highly competitive candidates above the levels in this Agreement, and agrees to meet and confer with the DNG prior to making such an offer to a potential new hire.

Employees shall receive a cost of living increase of 3% on each odd year anniversary of the employee’s start-date (1st anniversary, 3rd anniversary, etc.).  If the organization is financially able, as determined by the Executive Director, employees shall receive a retention increase of 10% on each even year anniversary of the employee’s start-date (2nd anniversary, 4th anniversary, etc.), until an employee reaches a cap of $47,000 effective June 1, 2013 and $48,000 effective June 1, 2014.  Employees who reach the retention increase cap are not eligible for additional retention increases, but shall instead receive a 3% cost of living increase on each subsequent annual anniversary of employment start date.

Car Allowance

For employees who are required to drive on a regular basis as part of performing their job duties, FRESC shall provide a car allowance of $213 per month. If such an employee drives more than 350 non-commute, work-related miles in a month, the employee shall also be eligible for reimbursement at the federal rate in effect at that time for the miles driven over 350. Employees who do not receive a regular car allowance shall be eligible for reimbursement for non-commute, work-related mileage at the federal rate in effect at the time.

The parties agree that employees who receive a car allowance are being compensated for all driving, fuel, maintenance incurred during the course of work and shall not be entitled to separate reimbursement for any of these costs. Parking costs over $45 in a month and reasonable parking costs incurred at the airport during work-related travel for which employees are entitled to separate reimbursement.

FRESC shall consider providing RTD EcoPasses for employees.

Cell Phone

FRESC employees shall be eligible for the cell phone benefit based on the following criteria:

– People that work more than 40% out of the office – (automatically qualify for tier 2)

– Supervisor determines the employee must be reachable after hours

– Supervisor determines the employee must have calendar on phone

– Supervisor determines the employee must have email/text on phone

– Employee makes or is anticipated to make 4 or more out of metro trips a year

To be eligible for tier 1 cell phone benefit, the employee must fill one of the above criteria. To be eligible for the tier 2 cell phone benefit, the employee must work more than 40% out of office or fill any two other of the above criteria.

Tier 1 cell phone benefit: FRESC shall provide a cell phone allowance to the employee of $35 per month.

Tier 2 cell phone benefit: FRESC shall provide a cell phone allowance of $75 per month or a FRESC provided cell phone to the employee, whichever the employee desires.


Reimbursements of Work-Related Expenses

Reasonable and customary expenses incurred in the performance of your job will be reimbursed as described in the FRESC reimbursement policy. The policy may be changed only with mutual agreement of the parties.

Legal Expense

FRESC will provide legal counsel for employees if she/he is required to appear in court for actions resulting from the performance of her/his assigned duties under this contract, and will further pay on her/his behalf any bail, fines, judgments or penalties imposed upon her/him as a result of her/his performance of her/his FRESC duties. Driving and parking infractions are excluded from this provision.

 

ARTICLE 14

INSURANCE AND BENEFITS

Disability Insurance

FRESC will make available long-term and short-term disability plans for employees working more than thirty (30) hours per week. Interns, contractors, and temporary staff are not eligible for long-term or short-term disability coverage.

FRESC will pay the full premiums of long-term and short-term disability coverage for eligible employees.

Employee coverage under both plans begins after one month of employment and ends on an employee’s last day of employment.

Health Care Benefits

Full-time employees scheduled to work more than thirty (30) hours per week will have access to a FRESC health insurance coverage plan, as described below.

Part-time employees scheduled to work between twenty (20) and thirty (30) hours per week are eligible for the same health care benefits as full-time employees, but FRESC will pay only one-half the portion of the premium that it pays for full-time employees.

Interns, contractors, and temporary staff are not eligible for health care coverage.

FRESC maintains the right to offer health care coverage for part-time employees scheduled to work less than twenty (20) hours per week on a case-by-case basis determined upon hire.

Eligible employees who do not choose to be covered by FRESC’s insurance plan are not eligible for any payments, salary differentials, or other credits in lieu of health care benefits.

Eligible employees’ health insurance coverage begins thirty days after their date of hire.

For all eligible employees, health care coverage is provided for the individual employee, spouse or domestic partner, or family coverage, if needed, at the election of the employee.

Health care coverage includes medical, dental, and vision.

If during the term of this contract FRESC receives notice from its health care provider that the cost of these premiums is scheduled to increase more than 5% for the upcoming year, FRESC retains the right to re-open bargaining regarding health insurance only. FRESC agrees to provide the DNG with prompt notice if it learns that benefits are scheduled to increase more than 5%, including prompt notice of any potential changes to health care benefits or costs FRESC wishes to bargain over. Re-opener bargaining, if any, will commence within ten (10) business days of FRESC providing the Union with written notification of premium increases from the health insurance provider. The parties agree that changes in employee contributions towards healthcare, if any, will go into effect on January 1 of the subsequent year. DNG understands that the FRESC health insurance pool covers individuals outside the bargaining unit, and that the input of these parties will also be taken into account when discussing any changes in health insurance coverage or costs.

Upon departure, employees covered by FRESC’s health care plan have certain legal rights to remain on the plan at their own expense for up to 18 months (more in some exceptional cases) through COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) benefits. FRESC will provide information regarding COBRA coverage, costs, and administrative procedures within the legally proscribed timeline following any eligible employee’s separation from FRESC.

Retirement Benefits

FRESC provides an employer-matched 403(b), 401(k) or simple IRA retirement plan. After one year of employment, FRESC will match employee contributions to their retirement account dollar-for-dollar, up to 3%. Employees may contribute beyond 3% of their salary, but such contributions beyond 3% will not be matched by FRESC.

If an employee chooses not to participate in the FRESC retirement plan, we will require that you sign a form indicating that you have waived this opportunity. You will always be eligible to join the plan at a later date, should you choose to do so.

Vesting schedule is as determined by FRESC’s retirement provider. When an employee separates from FRESC, they must follow the timelines and procedures set forth by the retirement benefit provider.

The parties agree that FRESC may change retirement providers, following consultation with the bargaining unit, and that the vesting schedule may change per the policies and procedures of a new retirement benefit provider.

ARTICLE 15

TEMPORARY REASSIGNMENT TO AFFILIATED ORGANIZATION OR PROJECT SUPERVISED BY OUTSIDE PERSONNEL

FRESC’s mission includes work with affiliated and partner organizations, including but not limited to union or community organizations. From time-to-time, in furtherance of this mission, FRESC may temporarily reassign an employee to an affiliated organization or to a project that is supervised by outside personnel. When the duration of such an assignment is anticipated to exceed two (2) weeks, FRESC agrees to provide at least one (1) month advance notice, and agrees to meet and confer with the employee regarding the nature of the assignment.

All terms of employment set out in this contract shall continue to apply to any employee who is reassigned to work for an affiliated organization or to a project that is supervised by outside personnel. During a temporary reassignment, the employee’s FRESC supervisor shall remain the primary supervisor responsible for maintaining the working conditions set out in this contract, and employees must immediately inform their FRESC supervisor of any non-compliance, and will maintain regular and ongoing communications with the affiliated organization’s supervisor of work. Employees must immediately inform their FRESC supervisor of any non-compliance, allowing FRESC a reasonable period of time to cure the non-compliance.

Whenever possible, FRESC will provide one month advance notice of potential or actual changes in program focus or job responsibilities that may significantly impact an employee’s work.

ARTICLE 16

LAYOFFS


Financial and Programmatic Layoffs

If FRESC determines that it no longer has sufficient funding to continue paying a particular employee(s), it will make every effort to provide the employee(s) and the DNG one (1) month notice prior to the effective date of the layoff.  FRESC will meet with the bargaining unit to explain the decision.

If FRESC undergoes a change in programmatic focus, based on internal or external reasons, whereby it no longer has a position that fits the skills or abilities of an existing staff member(s), it shall provide the employee(s) and the DNG one (1) month notice prior to the effective date of the layoff.  FRESC will meet with the bargaining unit to explain the decision.

Upon such notice of either a programmatic or financial layoff, the employee subject to lay-off may:

Option 1) The employee may choose to separate from FRESC immediately. If he/she chooses to separate immediately and agrees to sign a separation agreement as described below, FRESC will pay the employee the equivalent of one calendar month of salary as a form of severance. The separation agreement shall state:

o “FRESC will not disparage the employee and the employee will not disparage FRESC for a period of one year.”

o Employees who choose to separate immediately, but do not wish to sign a separation agreement, will not be eligible for any severance payment.

Option 2) The employee may choose to work their final month at FRESC at their existing salary rate.

Option 3) The employee may work a portion of their final calendar month at FRESC, and may receive pro-rated severance for days not worked in the final month.

As with all departing employees, unused, accrued vacation will be paid out, but unused sick or comp days will not.

If an employee chooses to continue employment under options 2 or 3, both parties agree that such employment is conditioned upon the on-going satisfactory performance and professional conduct of the laid-off employee, and that in the absence of such performance or conduct, FRESC may immediately separate the employee, and if the conditions of #1 are met, pay the severance amount.

For one year following the date of lay-off, employees who have been laid off for financial or programmatic reasons shall have the right of first refusal to pursue comparable, bargaining-unit openings for which they are qualified and for which they possess the requisite skills.

ARTICLE 17

DISCIPLINARY & CORRECTIVE ACTION PROCEDURES

FRESCs disciplinary and corrective action process is progressive and is designed to protect and promote the fair treatment of all employees. The Employer has the right to discipline and/or discharge employees only for just cause. Discipline may be required for substandard job performance, safety violations, excessive absenteeism, apparent inability to work under employer direction, or other problems that may arise. 

FRESC is responsible for identifying alleged problems with employee behavior or performance and assisting in their resolution.

DNG may grieve warnings or other disciplinary action they believe to be unfair through the Grievance Procedure. 

An Employee has the right to review her or his personnel file upon her or his request.

The Employer may only terminate an Employee after the accumulation of three (3) written warnings in one twelve-month period, except in the case of serious misconduct, as described in Article 18.

There are two levels of corrective action, any one of which may be employed at any time, depending upon (i) the particular circumstances and (ii) the severity of the problem:

 1. Verbal Warning

FRESC may select to counsel an employee following a minor offense in an effort to eliminate any possible misunderstandings and to clarify performance criteria. If FRESC selects this option, it shall help the employee develop a solution and/or improve performance to the appropriate level. Supervisors are to inform the employee of the seriousness of the meeting, and follow up with an email that states the conversation was a verbal warning. The goal of this option is to engage FRESC and the employee in jointly correcting any performance or conduct concerns one on one, rather than punish the employee. The employee may request a follow-up meeting with a union representative present.

 2. Written Warning  

Prior to a supervisor authoring a written warning, a meeting shall be held to assure that all relevant information has been collected and considered. The meeting shall include the affected employee(s), supervisor, Executive Director and union steward or representative.

After such meeting, if FRESC concludes that a written warning is justified, FRESC meets with the employee and presents him/her with a written notice of corrective action. A written warning is designed to ensure the employee is fully aware of the seriousness of the misconduct and/or performance problem, and the consequences if the problem is not corrected. FRESC and the employee shall set a time frame and a check-in program, during which improvement must be made and maintained in accordance with the terms of the warning and/or any plan for improvement (“Improvement Plan”). A record of the written warning and any Improvement Plan shall be kept in the employee’s personnel file.

ARTICLE 18

DISCHARGE FOR JUST CAUSE

No employee shall be discharged except for just cause. Just cause includes three written warnings in one twelve-month period or serious misconduct. Serious misconduct includes, but is not limited to: gross insubordination; theft of personal or organizational property; abusive language when addressing a supervisor, colleague, board member or member of the public; under the influence of illegal substances while working; and creating an unsafe workplace. Engaging in serious misconduct may result in immediate termination, after all relevant information has been collected and considered.

ARTICLE 19

GRIEVANCE

DNG has the right to file a grievance in accordance with the following procedures outlined below regarding unfair treatment and/or disputes with FRESC relating, but not limited to, disciplinary action, interpretation or application of the contract, or unilateral changes by FRESC to well-established past employment practices.

Earnest efforts will be made to settle grievances with informal discussions prior to reducing them to writing.

Step One:

The Bargaining Unit, when appealing such FRESC action shall submit a written complaint (the “Grievance”) to the appropriate supervisor or the Executive Director within twelve (12) business days after the Aggrieved Party knew, or reasonably should have known, of the act or condition on which the Employer action is based. Included in the Grievance, Aggrieved Employee shall describe the relief or remedy sought.

 

Procedure if Grievance is filed with Supervisor

The individual with whom the Grievance was filed may meet with DNG, but notwithstanding the foregoing, FRESC shall respond to the Grievance in writing within five (5) business days, in an attempt to agree on a settlement to the Grievance. If FRESC is unable to gather information from all parties, including the supervisor, witnesses, and/or the Board, then they shall receive an extra seven (7) business days to conduct further investigations and respond to the Grievance. If FRESC is unable to respond within this deadline, or if DNG and FRESC cannot reach a resolution within five (5) business days of DNG’s receipt of FRESC’s Response, the parties will proceed to the next Step of these Grievance Procedures.

 

Procedure if Grievance is Unresolved or Filed Directly with the Executive Director

This procedure applies where Step One constituted a Grievance filed with the Aggrieved Employee’s Supervisor, and DNG and FRESC were unable to reach resolution. This procedure also applies if DNG chooses to file the grievance directly with the Executive Director.

The Grievance and any FRESC Response shall be presented to the Executive Director or her/his representative (collectively referred to herein as Executive Director”) and the Union’s representative in an attempt to resolve the dispute. The Executive Director shall respond to the Grievance in writing within five (5) business days. If the Executive Director is unable to gather information from all parties, including the supervisor, witnesses, and/or the Board, then they shall receive an extra seven (7) business days to conduct further investigations and respond to the Grievance. If FRESC is unable to respond within this deadline, or if the Aggrieved Employee and FRESC cannot reach a resolution within five (5) business days of DNG’s receipt of FRESC’s Response, the parties will proceed to the next Step of these Grievance Procedures.

Step Two: Optional Mediation

If both parties agree, they may choose to utilize mediation to attempt to resolve the issue. Upon agreement to enter mediation, the parties agree to use a free Federal Mediation and Conciliation Services (FMCS) mediator, if such program is still available (otherwise paid mediators or arbitrators cost $800-1300/day). If the FMCS free mediation program is no longer available, the parties may use any other mutually agreed upon mediator. If the parties cannot agree upon a mediator within ten (10) days, the parties shall request that the Federal Mediation and Conciliation Service submit a list of five to seven (5 to 7) possible mediators.  The parties shall alternate striking names, with the DNG striking the first name, and after each party has struck two or three (2 or 3) names each, the remaining person on the list shall be appointed as the mediator. If free mediation is not available, FRESC agrees to pay the expense of mediation.

Step Three: Arbitration

If the Grievance is not settled in Step Two, DNG shall notify the Executive Director in writing within ten business (10) days of the Executive Director Response Deadline of its intent to proceed to arbitration.

Within ten business (10) days of being notified of DNG’s intent to arbitrate, an impartial arbitrator shall be mutually agreed upon by both parties. If the parties cannot agree upon an arbitrator within ten (10) business days, the parties shall request that the Federal Mediation and Conciliation Service submit a list of seven (7) possible arbitrators.  The parties shall alternate striking names, with the DNG striking the first name, and after each party has struck three (3) names each, the remaining person on the list shall be appointed as the arbitrator (the “Arbitrator”).

FRESC and DNG agree to equally split the expense of an arbitration. The written decision of the Arbitrator shall be final and binding upon both parties.

ARTICLE 20

BARGAINING UNIT REPRESENTATIVE INVOLVEMENT IN HIRING

The bargaining unit shall have the right to designate one representative to participate in the review of vetted resumes and to attend interviews of final candidates for the hiring of all positions except those of Executive Director and administrative/clerical positions.  The bargaining unit representative shall have the right to participate in the advancement of recommendations from those involved in the hiring process to the Executive Director, according to the method agreed upon by those involved in the hiring process, which may include consensus, or a vote including explanations of both majority and minority opinions.  FRESC shall have the right to conduct informal networking interviews, phone screening, and review of resumes for minimum qualifications before including bargaining unit representatives in the hiring process.

ARTICLE 21

NO STRIKES OR LOCKOUTS

During the term of this Agreement, there shall be no strike by the DNG, and no lockout by FRESC. No employee shall be required to cross a strike picket line.

ARTICLE 22

RIGHTS OF THE PARTIES

Subject to the provisions of this Agreement, the DNG agrees that FRESC shall have the exclusive right to determine organizational vision and mission and to direct the employees covered by this Agreement. The exclusive rights of management include the right to plan, direct and control all operations performed by employees covered by this Agreement, as well as the right to direct the workforce.

Management affirms the rights of the Bargaining Unit Employees as described in this contract, and those rights protected under the National Labor Relations Act, including the right to collective action.

ARTICLE 23

SAVINGS CLAUSE

In the event that any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any law, ruling or regulation of any governmental authority or agency having jurisdiction of the subject matter of this Agreement, the remainder of the Agreement shall remain in full force and effect.

ARTICLE 24

TERM OF AGREEMENT

The term of this contract shall be March 1, 2016 through February 28, 2019.

The Parties agree to two economic openers during the term of the Agreement. The first opener shall be the earlier of the date clear and complete information regarding changes in salaried, overtime exempt rules under the FLSA are released from the Department of Labor, or February 1, 2017. The second economic opener shall be February 1, 2018. By mutual consent the Parties may forgo the 2018 opener if there are no substantive changes to be made.

_______________________________ ________________________________

Felicia Griffin, FRESC date Shanta Farrington, DNG date

_______________________________ _______________________________

Melissa Pluss, FRESC date Stephen Moore, DNG date

________________________________

Tony Mulligan, DNG date