MEMORANDUM OF AGREEMENT. Print Media, LLC. and. Communication Workers of America, District 3. November 18, 2015

Transcription

1 MEMORANDUM OF AGREEMENT Print Media, LLC and Communication Workers of America, District 3 November 18, 2015 This Memorandum of Agreement ( MOA ), including and incorporating the following pages attached hereto, is made this 12 th Day of November, 2015, by and between Print Media, LLC ( Employer or Company ) and Communication Workers of America District 3 ( Union ). The parties have met and engaged in good faith bargaining for the purpose of arriving at a successor collective bargaining agreement to the agreement that expired on August 8, The Union and Employer collectively have reached agreement and the predecessor agreement shall only be revised as specifically set forth herein. The Union shall present this MOA with its full recommendation of ratification by the bargaining unit, and the Company shall present this agreement with recommendation of approval by its Board of Directors. Now therefore, pending ratification by the bargaining unit and Board approval, it is mutually agreed that the attached MOA shall be adopted: It is hereby AGREED: For the Union: For the Employer: Date Date

2 1. Article 1 Definitions Delete the following definitions: 1.01 Base Loss 1.03 BOTS 1.14 Lottery 1.17 NISD 1.28 Sales Close 1.44 Zone 2. Article 1 Definitions Revise Article 1.19, Normal Work Day (Tour), as follows (and 1.23 Part Tour, accordingly): Effective September 1, 2016, a normal work day will consist of 8 (eight) hours of work ( tour ), exclusive of an unpaid lunch break. 3. Article 1 Definitions Revise Article 1.20, Normal Work Week, as follows: Effective September 1, 2016, a normal work week will consist of 40 (forty) hours of work, or five (5) tours. 4. Article 1 Definitions Revise Article 1.31, Seniority Date, as follows: A. Length of continuous BellSouth/AT&T/YP Holdings /Print Media Solutions service with the Company accrued from the date an employee actually begins work if the employee has been continuously engaged or the service accrued in the case of an employee who has not been continuously engaged. 2

3 5. Article 2.01 Wage Rates Delete 2.01(B)(5) benefits for part-time employees. 6. Article 2.02 Starting Rates Add YP Holdings LLC to the list of predecessor companies in 2.02(B)(2). 7. Article 2.05 Flexible Starting Rates Revise Article 2.05 as follows: It is agreed that the starting rate specified for any of the wage scales listed in Appendix B for any location may be increased when the Company determines that the employment situation warrants such action. The Company will notify the Union in all instances where changes in starting rates are to be made. The Union will have the right within thirty (30) days from receipt of notice by the Company to conduct negotiations concerning such changes. Delete B Delete C Delete D 8. Articles 2.07 and 2.08 Delete Articles 2.07 Transfers Without Change in Wage Scale to Locations Having Lower Wage Zones and 2.08 Transfers Without Change in Wage Scale to Locations Having Higher Wage Zones 3

4 9. Articles 3.02 Scheduling Tours Add the following language to the end of Article 3.02(D):.... or when a schedule is created or changed as a result of the request of the impacted employee. 10. Articles 4.1 Pay for Work on a Work Day Revise Article 4.1(C) as follows: Effective September 1, 2016, scheduled time worked on a week day which is in excess of 40 hours worked during the calendar week as referred to in "1" below will be paid at the overtime rate except as otherwise provided in "D" below. (Also see 3.02B2). 1. Effective September 1, 2016, all time on week days, Sundays, holidays, optional holidays, and vacations, except for time coded for suspension, unpaid home condition, or excused time will be included in the 40 hours when computing weekly overtime due. 11. Articles 4.1 Pay for Work on a Work Day Revise Article 4.01(D) as follows: Notwithstanding any other provisions of this section, employees will be paid at the double time rate for all time worked in excess of fifty-one (51) hours of work time in a calendar week. In computing these hours, only time actually worked will be counted, except that excused time on an observed holiday which is considered as time worked under "C" above will also be counted in computing the hours of work time. 4

5 12. Articles 4.1(E) Pay for Work on a Work Day Revise Article 4.1(E) as follows: When scheduled hours are shifted by the Company, the new scheduled time worked on week days within 48 hours after notice of the shift but outside the previously posted schedule will be paid for at the overtime rate, except as otherwise provided in "D" above. This provision shall not apply to schedule changes that are required as a result of a weather emergency or declared state of emergency. 13. Articles 4.1 Pay for Work on a Work Day Revise Article 4.1(K) as follows: Notwithstanding any provisions of this Agreement except 4.01F, 4.01H, and 4.01J, effective September 1, 2016, the overtime rate of pay will not be paid to part-time employees until they have worked in excess of eight (8) hours per day or forty (40) hours per week. 14. Articles 4.2 Pay for Work on Sunday Revise Article 4.2 as follows to provide that, effective September 1, 2016, each reference to daily hours will change from 7.5 to 8 hours worked per day, and each reference to weekly hours will change from 37.5 to 40 hours in a week. 15. Article 4.6(A)(11) Assignment of Overtime Delete Article 4.6(A)(11). 5

6 16. Article 4.6(B) Compensatory Overtime Revise Article 4.6(B)(3), as follows: Compensatory time off must be taken in the same work week in which the overtime occurred. 17. Article 5.1 Authorized Holidays Replace Article 5.1(A)(1) with the following: (A) Designated Holidays The Company recognizes the following ten (10) Designated Holidays, which are to be observed in 2016 and subsequent calendar years. New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day In the event the Company desires to change any of the Designated Holidays in subsequent years, it shall meet with the Union and discuss such proposed changes prior to November 1 of the preceding year. Changes to Designated Holidays shall only be made upon agreement with the Union. 18. Article 5.1 Authorized Holidays Delete Article 5.01(A)(2). 6

7 19. Articles 6 Absences from Duty Revise Article 6.01(C),(D),(E), and (F), as follows: C. The reinstatement rights of an employee returning at the expiration of an authorized leave are as follows when such employee has experienced no medical impairment (see 8.04) and has not been guilty of misconduct during the leave which would have been proper cause for discharge. 1. The employee will be reinstated in the same location on the same or an equal job at which he/she was working prior to the leave if work is available in such location and on such job; or 2. In the event work is not available as described under "1" above, the employee will be offered two options: a. either an extension of their current leave for a period of no more than six months in hope that work will become available in the event that at the end of the leave extension work is still not available the employee will be separated and provided severance pay as set forth in Article 8., or b. the employee may elect to be separated and accept severance pay as set forth in Article 8. D. The reinstatement rights of an employee who desires to return from a leave before the expiration date of such leave will be as follows: If work is available in the location to which he/she wishes to return on the same, an equal or a lower-rated job and he/she has experienced no impairment which would render him/her unqualified to do the work and he/she has not been guilty of misconduct during the leave which would have been proper cause for discharge, he/she may be reinstated. Consideration will be given to his/her request for such reinstatement before any new employees are hired or temporary employees are reclassified to regular. E. Employees re-employed after authorized leaves will exercise their seniority in accordance with Article Articles 6 Absences Excused With Pay Revise Article 6.06(B)(1), as follows: Delete Concession Telephone Service from Article. 7

8 21. Appendix C, Part XII Benefits Delete the Benefits Table in Appendix C Part XII All bargained employees shall be eligible for the same benefits and costs therefore, as are offered to Print Media s non-bargained employees. The only exception to this shall be that bargaining unit Employees selecting a high deductible plan for the benefit plan year commencing in April 2016, shall receive an employer-funded HSA in the following amount, for that plan year only: HSA for HDHP Plan Year Only Single/Single plus +1 $400 Single plus child(ren)/family $800 All other benefits and costs during the plan year shall be the same as are offered to Print Media s non-bargained employees. Print Media shall provide the Union with an overview of each year s benefit offerings at least thirty (30) days in advance of the beginning of annual Open Enrollment. Provided the Union requests a meeting within fifteen (15) days after receiving such overview, the parties shall meet and discuss the new benefit offerings. At that meeting, the Union shall be provided an opportunity to ask questions about the new benefits and to offer possible benefit alternatives. The Company shall have the right to accept or reject such proposed alternatives. Commencing with the benefit plan year, and subsequent years, all benefits and costs, including employer-funded HSAs, shall be identical to those offered to Print Media s nonbargained employees. 22. Articles 6.2 Sickness Payments Prior to Eligibility Under Short Term Disability Plan Add the following new Article 6.2(C): Employees shall receive a maximum of ten (10) Illness Paid days per calendar year. 23. Articles 10 Directory Advertising Sales Work Delete Article 10. 8

9 24. Articles 23 Arbitration, Expedited Arbitration, and Mediation Delete Article Appendix A Part I Titles and Wage Scale Assignments Delete Unnecessary Wage Scales, as agreed during negotiations. 26. Appendix B Part IV and V Collections Representative and Field Collections Bonus Compensation Plan Delete Appendix B Part IV, Collections Representative and Field Collections Bonus Compensation Plan. 27. Appendix C Part V Probationary Period for Sales Titles Delete Appendix C Part V 28. Appendix C Part VIII Market Assignment Guidelines Delete Appendix C Part VIII 9

10 29. Article VII Force Adjustments/Layoffs 1. Delete Article 7.01(C)(3) 2. Delete provisions of Article 7 and elsewhere in the agreement that permit bumping into a lower level or lower-paid position. 3. Revise Article 7.01(C)(8) as follows: 8. If further Force Adjustments are deemed necessary by the Company, the remaining surplus/bumped employees may elect to either: a. be laid off and paid termination pay under 8.03B, or; b. Claim a position to be vacated by Supplemental Income Protection Program (SIPP Print Media LLC and CWA District Appendix B Part IV Wage Increases Bargaining unit employees shall receive the following hourly wage increases: Date Amount of Increase Effective, date of ratification 3.0% August 7, % August 6, % 31. Retroactive Pay Increase Provided Print Media is notified of the ratification of this Agreement by December 5, 2015 at 11:59 pm, all bargaining unit employee shall receive a lump sum payment equal to the amount of a retroactive wage increase of 3.0% on all earnings since August 9, Such payment shall be less applicable deductions, and paid at the end of the first full payroll period following notification of such ratification to the Company. 10

11 32. Article 8.01(B)(5) Delete Article 8.01(B)(5). 33. Articles 18 Personnel Records Add new Article 18.01(E), as follows: Upon inquiry by a former employee regarding such employee s eligibility for rehire at the Company, the inquiring former employee shall be provided with his/her rehire status within a reasonable time following the request. It is expressly understood that employee rehire status shall be determined solely by the Company. 34. Special Christmas Days As agreed upon in bargaining, the Company will give bargaining unit employees three (3) days off during the Holiday Week between Christmas and New Year s in 2015, 2016 and 2017 as follows: December 28th, 29th, 30th and 31st in 2015, (Company holiday designated as Christmas Eve in the contract book will be moved from Dec 24th to Dec 28th December 26th, (Christmas Observed) 27th, 28th, 29th, and 30th in 2016, (Company holiday designated as Christmas Eve in the contract book will be moved from Dec 24th to Dec 29th December 26th, 27th, 28th and 29st in 2017 ( Company holiday designated as Christmas Eve in the contract book will be moved from Dec 24th to Dec 29th) During these days off the company will pay the employees their base pay. (i.e., Average or the non-selling rate is not applicable). 35. Change and to to

12 36. Continuous Improvement Council CONTINUOUS IMPROVEMENT COUNCIL The Continuous Improvement Council ( Council ) will be made up of Represented employees and Management representatives from each department within Print Media ( PM ). The Council will address issues and anticipated issues within the work units to ensure an optimal working environment and provide constructive feedback to the management team. This council will accomplish this by obtaining feedback from employees within these work units in the form of Continuous Improvement Statements ( CIS ). CIS will be presented to the Local Council on a monthly basis, or as the Local Council meets. SELECTION OF THE LOCAL CONTINUOS IMPROVEMENT COUNCIL MEMBERS: The Represented employees of the Local Council will be made up of members from the individual work units who have volunteered to be selected. Represented Volunteers and Management will be selected by such criteria as job function, job performance, knowledge of job functions and processes, etc. when applicable. The final decision of Council members will be at the mutual discretion of the Union Representative designated by the Local and the Director Publishing and Design. TWO TYPES OF CONTINUOUS IMPROVEMENT COUNCIL MEETINGS AND FREQUENCY: The two types of Continuous Council Meetings will consist of the Local Continuous Improvement Council Meeting and the Senior Management Council. The Local Continuous Improvement Council Meetings will be held on a monthly basis, or as is deemed necessary through mutual agreement of the Union Representative designated by the Local and the Director Publishing and Design. These meetings will address the issues and anticipated issues presented in the CIS. Senior Management Meetings will be held Semi-Annually and will consist of the Union Representative designated by the Local, the Local Union President, Director Publishing and Design, VP Human Resources and VP - Operations. These meetings will cover information and processes discussed and/or implemented by the Local Continuous Improvement Council. It is agreed and understood that no conclusions nor recommendations generated at either Local or Senior Improvement Councils shall be implemented without agreement by PM. Any agreements to implement conclusions or recommendations of the Councils shall be considered temporary and may be changed by PM upon notice to the Union. Further, the Continuous Improvement process shall not modify or add to the collective bargaining agreement between PM and the Union, unless specifically agreed to by the parties in writing. 12