2010-2013 Contract

AGREEMENT Between MEMPHIS PUBLISHING COMPANY and NEWSPAPER GUILD OF MEMPHIS (Local No. 33091, TNG-CWA, AFL-CIO-CLC)

 

TABLE OF CONTENTS
AGREEMENT                                                                                                                        
ARTICLE I: COVERAGE                                                                                
EXEMPTIONS
              - Editorial                                                                                               
              - Advertising                                                                                        
              - Marketing                                                                                           
              - Business                                                                                            
              - Inside Circulation                                                                            
              - Information Systems                                                                                 
ARTICLE II: WORK OF EMPLOYEES                                                                        
ARTICLE III:   EMPLOYMENT                                                                                              
ARTICLE IV:   MINIMUM SALARIES                                                                                
           A.  EDITORIAL                                                                                               
           B.  COMMERCIAL BUSINESS DEPARTMENT                                            
           C.  ADVERTISING DEPARTMENT                                                    
           D.  MAINTENANCE DEPARTMENT                                                            
           E.  TRANSPORTATION DEPARTMENT                                                       
ARTICLE V: GENERAL WAGE PROVISIONS                                                                      
ARTICLE VI: SPECIAL CONDITION                                                                         
ARTICLE VII: DISMISSAL                                                                                         
ARTICLE VIII: RETIREMENT                                                                                                
ARTICLE IX: HOSPITALIZATION - MEDICAL INSURANCE                                                         
ARTICLE X: HOURS AND OVERTIME                                                                                
ARTICLE XI: VACATIONS                                                                                        
ARTICLE XII: HOLIDAYS                                                                                                     
ARTICLE XIII: SICK LEAVE                                                                                                   
ARTICLE XIV:  LEAVE OF ABSENCE|
ARTICLE XV: EXPENSES                                                                                                      
ARTICLE XVI: GRIEVANCE AND ARBITRATION PROCEDURES                         
ARTICLE XVII: WORK INTERCHANGE                                                                              
ARTICLE XVIII: NON-DISCRIMINATION                                                              
ARTICLE XIX: BEREAVEMENT PAY                                                                         
ARTICLE XX: ADOPTION ASSISTANCE                                                                             
ARTICLE XXI: PART-TIME AND TEMPORARY EMPLOYEES                                            
ARTICLE XXII: GENDER                                                                                                       
ARTICLE XXIII: MANAGEMENT RIGHTS                                                                          
ARTICLE XXIV: NO STRIKE/NO LOCKOUT                                                           
ARTICLE XXV: DUES DEDUCTION                                                             
Listing of Memorandums of Agreement                                                             
Memorandum of Agreement          1 – Side Letters                                                                                                                                                                  4 – Parttime Truck Drivers                        
                                                             6 – Non-Capital Bureau                                         
                                                             8 – Original Housekeeping Salaries                      
                                                             9 – Pay Periods, Work Performed                        
                                                            12 - Pensions                                                            
                                                            13 - Insurance/Scripps Choice                               
Letter on Controlled Substance & Alcohol Abuse Policy                                                          
Policy on Controlled Substance & Alcohol Abuse                                                                       

A G R E E M E N T Between MEMPHIS PUBLISHING COMPANY and NEWSPAPER GUILD OF MEMPHIS (Local No. 33091, TNG-CWA, AFL-CIO-CLC)

AGREEMENT
This Agreement is made this May 28, 2010, between Memphis Publishing Company, a corporation, publisher of The Commercial Appeal, hereinafter known as the Publisher, and The Newspaper Guild-CWA of Memphis, a local (No. 33091), chartered by The Newspaper Guild (AFL-CIO-CLC), hereinafter known as the Guild, on behalf of all the employees of the Publisher described in Article I below.  This Agreement becomes effective on May 28, 2010 and continues through May 27, 2010.  Within sixty (60) days prior to the termination of this Agreement, the Publisher or the Guild may initiate negotiations for a new Agreement.  The terms and conditions of the Agreement shall remain in effect during such negotiations.

ARTICLE I : COVERAGE

1.  Except as provided in Paragraph 2 below, this Agreement covers all employees of the Publisher in the editorial departments of The Commercial Appeal, advertising, marketing, commercial and inside circulation departments of the Publisher, the transportation and maintenance employees, including truck drivers, warehousers, lift operators, and janitorial services.

2. The Guild recognizes that this agreement does not bar employees excluded from coverage under this Article from performing work also performed by employees covered by this agreement.   

3. The following employees of the above-listed departments are excluded from the Agreement;  casual part-time truck drivers, guards, the Human Resources Department, and the following specific positions: 
EDITORIAL
Editor                                                                                       Executive Assistant to the Editor
Editor/Opinion & Editorials                                                  Managing Editor
Executive Assistant to the Managing Editor                      Deputy Managing Editor
Six (6) Assistant Managing Editors                                      Sports Editor/Columnist
Executive Sports Editor                                                         Deputy Sports Editor
Executive News Editor                                                           News Editor
Arts & Entertainment Editor                                                 Viewpoint Editor/Citizen Editor– DeSoto
Deputy Viewpoint Editor                                                       Night Metro Editor
Five (5) Deputy Metro Editors                                               Mid-South  Editor
Photo Editor/Administration                                                 Business Editor
Deputy Business Editor                                                          Library Director
Graphics Director                                                                    Nashville Bureau Chief
MyLife Editor                                                                            Projects and Sunday Editor
Assistant Features Editor                                                       Art Director
Manager of Support Services                                                Political Editor (Desoto Deputy Editor)

ZONE APPEAL(S)
Desoto Appeal
Associate Publisher                                                                Editor
Advertising Manager
Germantown/Collierville Appeal
Senior Associate Publisher                                                    Retail Manager
Editor
Bartlett/Cordova Appeal
Retail Manager                                                                      Administrative Assistant
Editor
Millington Appeal
Associate Publisher                                                                Editor
Memphis Zone
Memphis Zone Editor

ONLINE DEPARTMENT
Online Director                                                                       Online Sales Manager
Online Operations Manager                                                Online Ad/Ops Coordinator
Key Accounts Manager

ADVERTISING
Vice President Sales and Marketing                                    Executive Assistant to the Vice President
Executive Administrator                                                        Advertising Director
Secretary to Advertising Director                                        Germantown/Collierville office
Advertising Manager                                                              Display Advertising Sales Manager
Assistant Display Advertising Sales Manager                    National Advertising Sales Manager
Advertising Operations Manager                                         Major Accounts Manager
Advertising Administrative Services Manager                   Classified Advertising Manager
Classified Call Center Operations Manager                       Classified Call Center Sales Manager
Classified Automotive Sales Manager                                 Classified Real Estate Sales Manager
Classified Employment/Recruitment Sales Manager        Production Service Manager
PrePress Manager                                                                  Customer Service Manager
Retail Sales Manager                                                              Three (3) Advertising Account Managers
Targeted Advertising Group Manager

MARKETING
Marketing Director                                                                 Executive Assistant to Marketing Director
Marketing Services Manager                                                Assistant Marketing Services Manager
Promotions Manager                                                             Multi Media Marketing Manager
Marketing Photo Manager               

BUSINESS
Publisher                                                                                  Executive Assistant to Publisher
General Manager                                                                    Director of Planning & Administration
Director of Finance                                                                 Executive Assistant to Director of Finance
Controller                                                                                 Secretary to Controller
Accounting Office Manager                                                  Credit Manager
General Accounting Manager                                               Circulation Accounting Manager
Purchasing Manager                                                              Assistant Purchasing and Custodial Manager
Custodial Manager                                                                 Chief Building Mechanic
Night Building Mechanic Supervisor                                   Director of Community Relations
Warehouse Manager                                                              Fleet Manager

INSIDE CIRCULATION
Circulation Director                                                                Executive Assistant to Circulation Director
Circulation Manager                                                               Circulation Manager/Administration
Secretary to Circulation Manager/Administration             Circulation Customer Service Managers
Circulation Renewal Manager                                               Administrative Assistants
PBS Manager                                                                           PBS Analysts
Transportation Manager                                                       Assistant Transportation Manager
NIE Director

INFORMATION SYSTEMS

Director of Information Systems                                   Executive Assistant to Director of Information Systems
Information Systems Manager                                              Three (3) Programmer Analysts
Programming Manager                                                           Operations Manager
Systems Programming Manager/PBS Administrator         Two (2) Program Project Managers
Systems Programmer Analyst                                                Editorial Systems Manager
Classified Systems Manager

ARTICLE II: WORK OF EMPLOYEES

            The work of employees shall be work presently performed by employees within the bargaining unit and new or additional work assigned to the unit by the Publisher.  However, nothing in this Agreement shall be construed as giving the Guild exclusive jurisdiction over or an exclusive right to perform any work.  The Publisher has the right to utilize individuals outside of the bargaining unit to perform duties and responsibilities performed by employees in the bargaining unit.

ARTICLE III : EMPLOYMENT

 1.  It shall be the prerogative of the Publisher to determine the size and composition of the staff.

 2.  New employees will be on probation for up to six months of employment.  The employer's evaluation of the employee's performance will be discussed with the employee at reasonable times during the probationary period.  Except in case of discharge for cause, no employee who has completed one month of employment will be terminated unless he/she has been advised of his/her shortcomings and given a reasonable opportunity to correct them.  Dismissal during probationary period shall not be subject to arbitration.  Provided, that the Guild shall have the right to arbitrate the question of whether or not the above provisions for evaluation and opportunity to correct shortcomings have been reasonably complied within any given case.  In such event, the maximum remedy shall be the granting of an additional three months' probationary period in order that the aforementioned provisions are complied with.

3.  There shall be no dismissals except for just and sufficient cause.  Reduction in the force is a just and sufficient cause for discharge and shall not be subject to arbitration.  The Guild may initiate arbitration of the question of whether reduction of force is in fact the reason for such discharge.    

4.  In determining the employee or employees to be discharged in a reduction in force, the following factors shall govern:  relative competency, ability to do the work assigned, special abilities or qualifications for the particular function, and the length of service of any employee who is selected for dismissal.  When there is no substantial difference after application of the above, the employee or employees with the greatest total service shall be retained.

5.  In the event a reduction in force is contemplated, the Publisher will notify the Guild in writing of its proposed action and for a period of two weeks the Guild may discuss such proposed action with the Publisher, to the end that unnecessary hardships may be avoided.

6.  Suspensions without pay and discharges shall be for just cause.

7.  When an employee is discharged, on request he/she shall be given by the Publisher a written notice, including a statement of the cause of dismissal.

8.  Upon reasonable written request, an employee covered by this agreement shall be furnished a copy of all warning or disciplinary letters, memos or other documents, employee performance evaluations, annual attendance record sheets and completed beneficiary designation forms maintained in the employee's file in the Publisher's personnel office.

An employee shall have the right to file a written response to any material in the personnel file.  Upon receipt of a warning or disciplinary letter, memo or other document that may be a part of or used in determining disciplinary actions against an employee, the employee will be required to acknowledge receipt by signing and dating the letter, memo or other document.  The foregoing shall not apply to supervisors' personal notes, which may form the basis for such warning or disciplinary letter, memo or other document.

9.  Employees who are paid at scale or overscale in their position or classification shall not suffer a loss of pay unless the employee no longer holds that position or classification.  Overscale payments received as a result of merit adjustments shall not be taken away from an employee for performance-related problems unless the employee is given ninety (90) days to correct such performance deficiencies.

10.  Pay in excess of the minimums may be established by individual negotiations between the Publisher and any employee.  The Guild reserves the right to speak for and recommend a merit increase for any individual at the request of that individual.  The Publisher may, in his sole and exclusive discretion, at any time increase an individual employee’s wage rate above the minimums set forth in Article IV.  This section will not be subject to arbitration.

11.         (a) An employee who is promoted shall be on a trial basis for up to six months.  During such trial period, a promoted employee will receive at least the beginning minimum of the new classification, but not less than the salary he/she would have received in the classification from which promoted.  During such trial period, the employee may elect to return to the classification from which advanced without penalty or prejudice.  The employer's evaluation of the employee's performance will be discussed with the employee at reasonable times during the trial promotion period.
                (b) At the end of the trial promotion period, the employee shall be confirmed in the classification to which he/she advanced unless the employee has been unable to perform the duties of the job to the satisfaction of the employer.  If not so confirmed, the employee shall be returned to the classification from which the employee advanced without penalty or prejudice.
                  (c) If the employee returns to his/her classification, the employee will then receive the pay he/she would have received had he/she never been advanced.

 ARTICLE IV: MINIMUM SALARIES

For the purpose of establishing weekly wage minimums, employees will be classified as set out in this Article.  Part-time employees shall be paid not less than a pro-rata share of the applicable minimum.

On the effective date of this Agreement, employees at top minimum scale in their classifications as set forth in Article IV, Minimum Salaries, shall receive a four percent (4%) wage increase, but not including employees covered by Article IV (A)(4).  Employees paid above top minimum scale shall receive the dollar equivalent of a four percent (4%) top minimum scale increase for their respective classification.

On the first anniversary date of this Agreement, employees at top minimum scale in their classifications as set forth in Article IV, Minimum Salaries, shall receive a three percent (3%) wage increase.  Employees paid above top minimum scale shall receive the dollar equivalent of a three percent (3%) top minimum scale increase for their respective classification.

On the second anniversary of this Agreement, employees at top minimum scale in their classifications as set forth in Article IV, Minimum Salaries, shall receive a two percent (2%) wage increase.  Employees paid above top minimum scale shall receive the dollar equivalent of a two percent (2%) top minimum scale increase for their respective classification.

The minimum scales set forth in Article IV, Minimum Salaries, shall remain the same for the duration of this Agreement.

A.  EDITORIAL
1.  JOURNALISTS: All employees who contribute directly to the editorial content of the paper, whether by producing or editing copy or art, including reporters, photographers, copyreaders, re-write men/women, special writers and librarians with master's degrees in library science:
During        During
1st 6           2nd 6         After             After         After          After          After
Months      Months      1st Yr           2nd Yr      3rd Yr        4th Yr         5th Yr
605.41         623.86      637.08         717.51      789.22       843.49       996.86

The minimum salary for interns in Classification A-1 shall be as follows:    448.70
per week for first seven (7) months of employment, and thereafter the contract minimum shall apply.  All intern service shall count in computing length of service benefits under this Agreement.  An intern is defined as a college or university student with fewer credits than would entitle the student to a bachelor’s degree or graduate student who intends to return to school after the internship, or someone who has graduated from a college or university no earlier than six months before the internship.  During the period of the school year (generally September through May) the number of individuals employed as interns will not exceed nine (9).  No student or intern shall be utilized for the direct purpose of laying off a bargaining unit employee. 

2.  JOURNALIST ASSISTANTS:
During        After        After         After          After         After
1st Yr          1st Yr      2nd Yr       3rd Yr       4th Yr        5th Yr
485.32      519.09     574.92      594.86       610.08     632.04

Those regularly assigned supportive tasks requiring special skills and judgments.  These include library assistants who prepare the newspaper for storage in electronic, paper or other media; photographer assistant; writers of standard obituaries and other standard-format material for publication from routine sources; market list/chart tabulators; police and court agate compilers; those processing, editing and formatting TV grids and logs; those in charge of organizing and producing promotional events such as Best of the Preps.

3.  EDITORIAL CLERKS:  Any editorial department employee not otherwise covered, including those preparing and maintaining routine lists, calendars and tables for publication or other uses, such as weather agate, movie lists, events calendars, box scores, etc.; messengers, mail and phone clerks; receptionists; typists; those taking sports scores by telephone; and general department helpers.           During          After          After
 1st Yr           1st Yr        2nd Yr
427.13       435.00      448.00

4. COMMUNITY EDITOR, COMMUNITY REPORTER; COMMUNITY CLERKS: Those employees assigned to the Community Editions as their primary duties.  Articles, photographs, or art produced by Community Reporters will be primarily in one or more of the Community Editions, and/or the online editions of same.  Community reporters will not be assigned to the regular newspaper, defined as that portion of the newspaper that is not “zoned,” except in emergencies or in breaking news situations that require utilization of community reporters to meet immediate coverage needs.
                          During        After          After            After
                           1st Yr          1st Yr        2nd Yr         3rd Yr
Editors              610.00        630.00      650.00         675.00
Reporters         460.00        475.00      490.00         505.00
Cm Clks            427.13        435.00       448.00

 B.  COMMERCIAL BUSINESS DEPARTMENT
1.  General bookkeeper, item book bookkeeper, assistant credit manager, display accounts receivable bookkeeper, cashier, accounts payable bookkeeper, general circulation bookkeeper, newsprint bookkeeper, chief payroll clerk, and computer programmer, cash applications bookkeeper:

             During       After         After         After         After         After
             1st Yr        1st Yr       2nd Yr      3rd Yr       4th Yr        5th Yr
             592.27     608.13     636.83     657.74     732.62       829.89

2.  National advertising accounts receivable bookkeeper, paper checkers, circulation accounts receivable bookkeepers, assistant accounts payable bookkeeper, assistant display accounts receivable bookkeepers, income estimate clerk, display collectors, office pay billing clerk, payroll clerk, transient petty accounts receivable bookkeeper, machine operator bookkeeper, keypunch and verifier clerk, circulation record clerk, P.I.A. Bookkeeper and ABC clerk, advertising accounts receivable customer service representative, assistant cash applications bookkeeper:
               During       After        After         After         After         After
               1st Yr        1st Yr      2nd Yr       3rd Yr       4th Yr       5th Yr
               548.94     558.53    576.85      595.50      609.43      639.42

3.  ASSISTANT CASHIER
               During        After         After          After         After         After
               1st Yr         1st Yr       2nd Yr        3rd Yr      4th Yr        5th Yr
                559.04      590.84    594.08       608.66     640.33       728.34

4.  Classified collectors, circulation ledger clerks, stenographers, inside circulation bookkeepers, remittance processor operator, assistant transient petty accounts receivable bookkeeper, control clerk, and all clerks and clerical assistants who are not otherwise classified herein:
During        After           After          After           After           After
 1st Yr         1st Yr         2nd Yr        3rd Yr         4th Yr         5th Yr
480.28       501.21       551.40       558.53        576.22       599.71

5.  CONSOLE ATTENDANTS
               During       After          After          After           After
               1st Yr        1st Yr        2nd Yr        3rd Yr         4th Yr
               501.21     551.40      557.23        592.27       599.71

 6.  SERVICE DESK CLERKS, MID-SOUTH CLERKS
             During        After         After           After
              1st Yr         1st Yr       2nd Yr        3rd Yr
               438.64      458.94     551.40      558.53

7.  TYPISTS
            During      After           After          After
            1st Yr       1st Yr         2nd Yr        3rd Yr
            480.28    485.09       501.21      558.53

8.  BUILDING MECHANICS
              During     After          After           After
              1st Yr      1st Yr        2nd Yr         3rd Yr
              640.45   660.53      761.82        848.93

9.  OFFICE CLERKS, MAIL CLERKS AND TELEPHONE VERIFIERS
              During       After        After
              1st Yr        1st Yr      2nd Yr
              470.52     471.77   485.09

10.  SENIOR PROGRAMMER
            During     During
              1st 6       2nd 6        After        After        After       After        After
            Months   Months      1st Yr      2nd Yr     3rd Yr      4th Yr      5th Yr
              605.41   610.92       637.08    717.52    789.22     843.49     996.86

11.  COMPUTER OPERATOR
              During     During
              1st 6         2nd 6        After        After         After        After       After
              Months    Months     1st Yr      2nd Yr      3rd Yr      4th Yr      5th Yr
              548.94       555.41     569.09     587.84     606.52     620.12    668.70

 C.  ADVERTISING DEPARTMENT
1.  ADVERTISING ACCOUNT REPRESENTATIVES; ADVERTISING AND/OR MARKETING/PROMOTION ARTISTS AND PHOTOGRAPHERS
              During       During
              1st 6            2nd 6       After        After        After        After          After
              Months     Months      1st Yr      2nd Yr      3rd Yr     4th Yr        5th Yr
                605.41     623.87      637.09    717.52     789.22      843.49      996.86

2.  LAY-OUT SPECIALISTS
 During        After          After           After          After          After
  1st Yr         1st Yr        2nd  Yr         3rd Yr        4th Yr        5th Yr
 574.76        605.41     623.87        637.09        674.91       732.23

3.  COPY AND PROMOTION CLERKS
              During         After         After           After          After          After
              1st Yr          1st Yr       2nd Yr         3rd Yr        4th Yr        5th Yr
               574.79       605.41    623.87        630.35       656.71      728.34

4.  STENOGRAPHERS IN ADVERTISING AND MARKETING/PROMOTION DEPARTMENT
              During         After          After            After            After           After
              1st Yr          1st Yr        2nd Yr         3rd Yr          4th Yr          5th Yr
               480.28       485.09     501.21         551.40        576.22         608.14

5.  MAKEUP; ADVERTISING ADMINISTRATIVE SERVICES SPECIALIST
              During         After           After          After            After             After
              1st Yr          1st Yr         2nd Yr        3rd Yr          4th Yr           5th Yr
              501.21       551.40       576.22       599.71          613.19        657.10

6.  PROOF CLERKS
              During         After           After
              1st Yr          1st Yr         2nd Yr
              470.52       477.18      485.09

7.  MESSENGERS
              During          After          After
              1st Yr           1st Yr        2nd Yr
              470.52        471.77     480.28

8.  SCHEDULE CLERKS, COUNTER CLERKS, TRI-STATE AND NATIONAL CLASSIFIED CLERKS, TELEPHONE CLASSIFIED SALESPERSONS, COPY PROCESSING CLERKS
              During           After          After            After          After           After
              1st Yr            1st Yr        2nd Yr          3rd Yr        4th Yr         5th Yr
              480.28         485.09      501.21        558.53        576.22       599.71

9.  MARKETING ANALYST
              During         After           After            After           After           After
              1st Yr          1st Yr         2nd Yr          3rd Yr         4th Yr         5th Yr
               582.24       610.02      682.94         782.03        842.78        904.89

10. TELEMARKETING PERSONNEL
              During        After            After            After           After            After
              1st Yr         1st Yr          2nd Yr          3rd Yr         4th Yr          5th Yr
              607.56      631.20       657.22           703.28       723.03        735.98

D.  MAINTENANCE DEPARTMENT
                                                `During           After                 After
                                                1st Year           1st Year           2nd Year
LIFT OPERATORS                  475.49               489.76              504.45
WAREHOUSERS                    444.46              457.79               471.52
JANITORIAL SERVICES          351.16              361.70               372.55

E. - TRANSPORTATION DEPARTMENT
1.  SHIFT LEADPERSON & VEHICLE MAINTENANCE
              During       After           After          After
              1st Yr        1st Yr         2nd Yr       3rd Yr
               575.76    607.76        629.45      677.25

2.  RACK REPAIR & MAINTENANCE
              During       After          After          After
              1st Yr        1st Yr        2nd Yr       3rd Yr
               519.48     549.86     574.79       593.18

3.  TRUCK DRIVERS, RACK REPAIR ASSISTANT
             During       After         After         After
              1st Yr        1st Yr       2nd Yr       3rd Yr
               509.38     526.27    533.72       542.79

 ARTICLE V: GENERAL WAGE PROVISIONS

 1. Notwithstanding anything to the contrary in this Agreement, and except as otherwise provided in Section 2 below, salespersons employed by the Publisher will be paid on a commission and/or base plus commission plan basis as determined by the Publisher.

2. The salespersons set forth below will not be required to work on a commission and/or base plus commission plan basis unless the salespersons voluntarily elect to do so.  A salesperson set forth below who elects to convert to a commission and/or base plus commission plan basis may not revert back once an election is made.
         A. Salespersons employed in the C-8 classification
         B. The following C-1 classification salespersons:
               1. Randy Keith
         C. The following C-10 classification salespersons:
               1. Beryl Foster
               2. Gwen White             
               3. Kay Cobb

3. The Company retains the right to transfer and assign advertising accounts.

4. The Publisher shall have the right to establish sales employee commission compensation programs, sales employee base plus commission compensation programs and employee bonus, reward and incentive programs and from time to time increase, decrease, discontinue or otherwise modify sales employee commission compensation programs, sales employee base plus commission programs and employee bonus, reward and incentive programs.

5. No employee of the Salaried Advertising Sales Staff listed above in 2(B) and 2(C) shall be laid off to reduce the force under the provisions of Article 3, as long as a commission arrangement employee in the C-1 and C-10 classification continues to be employed by the Publisher.

6. Commission arrangements shall not be subject to the provisions of Article XVI.

ARTICLE VI: SPECIAL CONDITION

1. If an employee is involuntarily transferred to another classification, his experience rating shall remain the same except by mutual consent between the Publisher and representative of the Guild. 

2.  An employee hired at a salary higher than the beginning minimum required under this contract shall be credited with the experience rating which conforms to his rate of pay.
An employee advanced to a salary coinciding with a minimum bracket higher than that required under the minimum provisions of this contract (while he is below the top minimum for his classification) shall be credited with the experience rating of said higher maximum bracket.  If an employee is advanced to a salary falling between minimum brackets, the differential of his actual salary above the next lowest bracket shall be maintained until the point in his minimum progression where the experience credit represented by said differential brings him to the top minimum for his classification ahead of the contractual progression schedule.

3. An additional one percent (1%), but not less than $1.00 nor more than $5.00 shall be added to an employee’s regular weekly salary for each day in which his/her regular scheduled starting or quitting time falls between or on the hours of 10 p.m. and 6 a.m.  The night differential shall be included in vacation, sick leave, holiday, or severance pay, provided the employee has received the differential for the preceding three consecutive months.

4.  Where feasible, Publisher will give employees consecutive days off when requested.

5.  An employee's byline or credit line shall not be used over his protest provided the reason for withholding the byline is related to the content of the employee’s work product.

6. The Publisher will give the Guild not less than one month's notice prior to the installation of new equipment or machinery, generally referred to as automation.

7.  The Publisher has the right to utilize the services of freelancers, stringers and independent contractors, without restriction.

8.  Supervisors and managerial employees may perform work performed by bargaining unit employees.

9. Any permanent transfer of an employee in the journalist classification beyond the Memphis metropolitan area, other than to one of the following bureaus, shall be by mutual consent:
Jackson, Mississippi
Little Rock, Arkansas
Nashville, Tennessee
Washington, D.C.

10.  In new contract negotiations, the Guild agrees to the Company’s policy statement of December 20, 1988, which is incorporated here by reference.

ARTICLE VII: DISMISSAL

1.  When an employee is dismissed for any reasonother than provendishonesty involving mishandling of company funds or property, he shall be paid in cash a lump sum equal to one week of pay for each six (6) months of employment, or fraction thereof, up to and including a maximum of forty-two (42) weeks' pay.  This payment shall be made at the rate of the highest weekly salary of the employee during the three years of service immediately prior to the dismissal.  No dismissal pay need be paid to an employee dismissed after service of less than six months.  In the cases of employees on commission, dismissal pay will be computed on the basis of the highest yearly average during any of the preceding three (3) years of service.  When an employee self-provokes his/her discharge for the purpose of collecting dismissal pay, the Publisher shall have the right to refuse to pay dismissal pay.

2.  The period of employment on which dismissal pay is based shall include:  total service on Scripps Howard Newspapers, United Press International (effective May 25, 1958 through June 2, 1982), NEA, Acme, Scripps Howard Newspaper Alliance, and the National Advertising Department, or any other Scripps Howard organization now in existence or to be created during the life of this Agreement, uninterrupted by employment in other organizations; similarly uninterrupted service on The Commercial Appeal, similarly uninterrupted service for United Press for those employed by that news service on May 24, 1958 and now employed by the Memphis Publishing Company.

3. There will be no transfer to another E.W. Scripps organization without the consent of the employee.

4. Bargaining unit employees who are terminated as a direct result of the subcontracting of bargaining unit work by the Publisher are eligible to receive severance pay of two (2) weeks’ straight-time pay in addition to any entitlement to severance under the Company pension plan.

ARTICLE VIII: RETIREMENT

1. The Retirement Plan & Trust Fund will be administered by the administrator who shall be appointed by the Publisher.  The parties to this contract, through their representative, have agreed upon a pension plan to provide retirement benefits from such trust fund on an actuarially sound basis to employees retiring after the effective date of such plan.  Payments by the Management into the Retirement Plan and Trust Fund are contingent upon such payments being deductible under the applicable provisions of the Internal Revenue Code.  The company will maintain the necessary trust and other documents to carry out these provisions relating to retirement.
Any benefit improvements shall be mutually agreed to between the contracting parties.
The parties have agreed upon the necessary plan amendments and other documents to make the changes necessitated by the differences in the foregoing language and that which existed in the prior contract.

2. Notwithstanding anything to the contrary in this Agreement, the Retirement Plan will be frozen and no further accruals of benefits shall occur thereunder on the later of (a) the effective date specified in the Retirement Plan amendment which provides for the cessation of benefit accruals, or (b) the date which is forty-five (45) days after the date on which notice which complies with ERISA Section 204(h) and Internal Revenue Code Section 4980F is provided to all “applicable individuals” and to the Union.

3.  The Publisher shall offer a 40l(k) plan to all employees covered by this agreement.

ARTICLE IX: HOSPITALIZATION-MEDICAL INSURANCE

All references to hospitalization-medical insurance are found in the Supplemental Agreement attached to this contract, dated December 20, l993.

ARTICLE X - HOURS AND OVERTIME

1. Eight (8) hours worked will generally constitute a work day and five (5) days worked will generally constitute a workweek for full-time employees.  Employees may also be scheduled for four (4) ten (10) hour shifts.  Any authorized time worked in excess of forty (40) hours will be overtime.  The Publisher will advise employees regarding their work schedules and reserves the right to change work schedules as operational requirements dictate.  If an employee is scheduled for four (4), ten (10) hour shifts within a seven (7) day period, the employee will have two (2) consecutive days off.  The third day does not have to be consecutive, although the Publisher will attempt to schedule three (3) days together subject to operational requirements. Two (2) weeks advance notice will be given employees whose schedules are changed from a five (5) day work schedule to a four (4) day work schedule.  The Publisher agrees to give consideration to individual cases of extreme hardship in changing an employee's work schedule to four (4) ten (10) hour shifts.  The Publisher will give advance notice of changes in an employee’s work schedule, subject to operational requirements.  The Publisher will notify an employee no later than Friday of the previous workweek of any reduction in an employee’s scheduled straight-time hours for the following workweek.

2.  Overtime shall be compensated for at the rate of time and one-half in cash, or by mutual agreement, time off at the rate of time and one-half within the same pay period.  Outside sales persons shall not be entitled to overtime pay.

3.  Any covered editorial writer shall be entitled to the hours and off days provisions of this Agreement, including overtime compensation.

4.  Out-of-town bureau persons, community editors and community reporters shall not be required to adhere to a regular schedule.

5.  Overtime must be reported to the Publisher's agent within the pay period it has accumulated unless unusual circumstances prevent. 

6.  At the end of an employee's service, all accumulated credits compensable under this Agreement shall be compensated at the appropriate current rate with a lump sum payment in cash.

7.  Employees, except bureau persons, persons on seasonal assignments, and advertising persons, on out-of-town assignments requiring the employee to stay overnight more than five nights, shall be credited with three hours at overtime rate for each day in excess of the fifth day out of town.  Employees on an assignment outside the continental United States requiring the employee to stay overnight for more than twenty (20) nights shall be credited with three hours at overtime rate for each day exceeding the twentieth day out of town.  Bureau persons shall be credited with three hours at overtime rate when on assignments requiring them to stay overnight in a town other than their bureau headquarters town.  Regular days off shall accumulate at overtime rate on a day for a day basis.  When such out-of-town assignment credits are compensated for by time off, no employee shall be required to take time off in units of less than eight (8) hours.  Such compensation shall be made within two (2) weeks, except that, by mutual agreement between the Publisher and the employee, the employee may accumulate one week's vacation to be added to his annual vacation.

8. Any employee called back to work after his regular working day shall be paid an extra hour in addition to the time worked, all at the overtime rate.

9.  Columnists will continue to supply the same number of columns as heretofore, but shall not be required to report for work more than five (5) days in each week.

10.  If any employee's off days in two consecutive weeks are required by the Publisher to be so arranged as to cause him to work more than seven consecutive scheduled days, he shall be compensated for all such consecutive scheduled days beyond seven at the rate of time-and-one-half.  This shall not apply to bureau persons or employees on out-of-town assignments, or to any employee in his first month of employment.

11.  Whenever less than 10 hours elapse between two regular shifts, the employee shall be compensated for all work performed within the 10-hour lapse period at the overtime rate, provided that there shall be no duplication of overtime payment.  The Publisher will attempt to avoid scheduling shifts with less than 10 hours between two shifts subject to operational requirements.

 ARTICLE XI - VACATIONS

1.  The regular vacation season shall fall between January 1 and December 31.  The scheduling of an employee’s vacation shall be subject to Company approval, depending on operating needs and efficiencies, recognizing that during certain periods it may not be feasible to schedule any vacations.  When two or more employees seek the same vacation period and operating need and efficiencies do not permit all such employees to take such vacation period, it shall be granted on the basis of seniority provided the remaining employees have the requisite skills and levels of skill necessary to operate the department efficiently and provided further that the senior employees have made their vacation selection by the deadline established by the Company for making vacation selections.  The Company agrees to make a good faith effort to accommodate an employee’s reasonable vacation requests.

2.  Vacation credit shall be computed on a calendar basis, from January first of each year.  Vacation credit earned during any given calendar year shall be taken during the vacation season of the following calendar year.

3.  New employees who begin work before September first of any given calendar year shall receive two (2) weeks of vacation during the vacation season of the following calendar year.

4.  New employees who begin work on or after September first of any given calendar year shall receive one (1) week of vacation during the vacation season of the following calendar year.

5.  New employees who complete six (6) months of service on or before September 15 of the year in which they begin employment will be permitted to take one (1) week of vacation that same calendar year.  Such week shall be in addition to the two (2) weeks of vacation that an employee may earn, under Section 3 of the above, to be taken in the vacation season of the following calendar year. 6.          

6.  The provisions of Section 3, 4 and 5, above, shall not apply if an employee is terminated for any reason before completion of the first full calendar year (January first through December thirty-first) of service.  In such cases, an employee's vacation credit shall be computed on the basis of one (1) day of vacation credit for every twenty-five (25) days (or major fraction thereof) actually worked, provided however that any such employee must have completed at least six (6) months of service.  In the event that such an employee has taken vacation before such termination, the vacation time will be offset against his total vacation credit.  If an employee is terminated for any reason before completion of his first full calendar year, his accrued vacation pay due shall be computed one day for every twenty-five (25) days (or major fraction thereof) actually worked less any vacation he has taken.  If the employee has taken more vacation than he has earned, under the 1 for 25 formula, the excess shall not be deducted from his final salary payment.

7.  Except as qualified above, an employee shall receive two (2) weeks of vacation in the year in which such employee completes one (1) or more years of service, uninterrupted by resignation or dismissal, prior to expiration of the vacation period.

8.  An employee shall receive three (3) weeks of vacation in the year in which such employee completes four (4) or more years of service, uninterrupted by resignation or dismissal, prior to expiration of the vacation period.

9.  An employee shall receive four (4) weeks of vacation in the year in which such employee completes ten (10) or more years of service, uninterrupted by resignation or dismissal, prior to expiration of the vacation period.

10.  Employees shall be paid in advance when vacations are taken.

11.  An employee who is dismissed will receive pay in lieu of vacation credits as follows:
                 A.  An employee with less than four (4) years of service will be paid on the basis of one (1) day for every twenty-five (25) days (or major fraction thereof) actually worked since January first of the year in which he is dismissed, with a maximum of ten (10) days.
                 B.  An employee with four (4) or more years of service, but less than ten (10) years, will receive one (1) day's pay for every sixteen (16) days (or major fraction thereof) actually worked since January first of the year in which he is dismissed, with a maximum of fifteen (15) days.
                 C.  An employee with ten (10) or more years of servicve receive one (1) day's pay for every twelve (12) days (or major fraction thereof) actually worked since January first of the year in which he is dismissed, with a maximum of twenty (20) days.

12.  Upon resignation or retirement of an employee with more than six (6) months of service, such employee shall receive pay in lieu of vacation earned pursuant to the schedule under Section 11 above.

13.  An employee's accrued vacation pay under Sections 11 and 12 above shall not be reduced, if, because of sickness, he has missed less than ten percent (10%) of the days he has been scheduled to work.

14.  Vacation may be taken in one-day increments, with the permission of the employee's supervisor.  Nothing in this section shall be construed to discontinue the granting of vacation days in l/2 day increments, where it presently exists, if it can be done, at the exclusive option of the supervisor.

ARTICLE XII: HOLIDAYS

1. There shall be nine paid holidays, as follows: New Year's Day, Martin Luther King Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas, Employee's Birthday, Employee's Anniversary of Employment Date.  Pursuant to letters and notices from the Company dated May 17, 2000, and December 20, 2000, respectively, Memorial Day and Martin Luther King, Jr. Day were added as holidays.  This in no way affects the Publisher's rights under Article III, Para. 1.

2.  If the holiday occurs during vacation or falls on what otherwise would be a day off, or if the employee works on a holiday, then the employee shall be given a compensating day off within sixty (60) days or be paid a day's pay.  By agreement between the employee and the Publisher, the 60-day period may be extended.

3.  The holiday schedule (for the major holidays) shall be made up and posted two (2) weeks in advance.  Major holidays include New Year's Day, Martin Luther King Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas.  This schedule can be changed in an emergency.  Employees must make their time off requests during these times at least three (3) weeks in advance.

4.  When an employee's birthday or anniversary of employment date falls on another holiday, the employee will receive another day off, within thirty (30) days.

ARTICLE XIII: SICK LEAVE

Sick leave with full pay shall be granted in accordance with custom.  There shall be no deduction for sick leave from overtime credited to, or to be credited to, the employee.

ARTICLE XIV: LEAVE OF ABSENCE

 1.  By Agreement with the Publisher, employees may be granted leaves of absence without prejudice to their service rating in determining severance pay, but the leave will not count as service time, except where approved leave is taken to accept a fellowship or other course of study intended to improve the employee's performance in the Publisher's employ.

2.  If an employee is elected or appointed to any office of The Newspaper Guild, or AFL-CIO, or office of a local of The Newspaper Guild or office of any organization with which The Newspaper Guild is affiliated, such employee, if the Publisher agrees, shall be given a leave of absence, and shall be reinstated in the same position upon the expiration of such leave.

3.  In the event an employee is elected a delegate to the annual meeting of The Newspaper Guild, he shall, on request, be granted a leave of absence of not more than two (2) weeks to attend such a convention.  Such leave shall not constitute a break in the continuity of service.  Not more than two such leaves will be granted in any one department at the same time.  If an employee is elected to the Guild’s Sector Executive Council, said employee will be allowed to take up to three (3) unpaid leaves of absence a year to attend such meetings.  Said leave shall only cover the time for the meeting and reasonable travel time.  No more than one such employee shall be eligible to be covered under this provision at one time.

4.  An employee who leaves his position to engage in services in the armed forces or maritime services of The United States during a war period, or in active war work with the American Red Cross, or is required by law to enter civilian or military service, shall be considered on leave of absence without pay during such services.  When such an employee is discharged from such service, he shall be offered the same general type of work -– editorial, commercial business department, advertising or operations -- at which he was formerly employed, and at a salary comparable to employees doing similar work, provided he makes personal application for such employment with the Publisher within ninety (90) days of the date of his discharge from service, and provided further that he was not dishonorably discharged.

5.  An employee conscripted or called for active peacetime military service of the United States during an emergency declared by the federal government, or an employee subject to conscription or call who volunteers under the Selective Service Act then in effect, will be considered on leave of absence without pay.  Upon completion of such required active military service, he shall be restored to his former position provided that personal application for restoration to employment is made with the Publisher within ninety (90) days after his discharge from such service.

6.  When an employee is restored to employment under the above provisions, his dismissal indemnity rating and other rights under this Agreement shall be unimpaired, and the period of such leave of absence shall be considered service of the Publisher in computing severance indemnity, length of vacation, and pension rights.

7.  In event any employee entering service under these provisions applies for reemployment and, under the conditions outlined in these military clauses, is not reemployed, he shall be paid his regular dismissal indemnity, and in the event of the death of an employee during such leaves of absence, the Publisher shall pay to the designated beneficiary the dismissal indemnity as provided in the dismissal pay schedule clause.

8.  Provisions of these service clauses do not apply to employees hired by reason of leaves of absence granted to regular employees for peacetime or wartime service, but all other provisions of this Agreement will apply to such employees.

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

10.  An employee temporarily called to compulsory active duty in the National Guard or other military unit in connection with a disaster or other emergency, shall be considered on leave of absence without pay for the duration of such duty provided he reports back to work within a reasonable time upon completion of such temporary active duty.

11.  Two weeks' leave of absence will be granted to employees for training service with the National Guard and the Army, Navy, Marine, Air Force, or Coast Guard Reserve.  The Publisher agrees to pay such employees, below officer rank, the difference between their basic military pay and their salaries at the Memphis Publishing Company during such two-week training periods.

12.  Maternity Leave.  To the extent required by law, disability caused by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom, will be treated the same as any other temporary disability for which sick pay is paid under the existing sick pay policy referred to in Article XIII.  Maternity leave of up to six weeks (depending on eligibility) with full pay and up to six months, without pay, shall be granted to any female employee.  Any employee taking such leave shall notify the Publisher in writing thirty (30) days prior to the anticipated date of beginning such leave.  Maternity leave without pay shall not constitute a break in continuous service, but shall not count as service time under any of the provisions of this Agreement.  When maternity leave is granted, it shall begin not more than two (2) months immediately preceding the estimated date of childbirth except that the date of departure may be advanced or deferred on advice of the employee's physician.  Employee shall notify the Publisher in writing two weeks in advance of her return to work.

ARTICLE XV - EXPENSES

1.  The Publisher will provide necessary materials and pay all legitimate expenses incurred by an employee in the service of the Publisher.

2. An employee will be reimbursed at the rate of $0.405 per mile when the employee is required to use his/her automobile on Publisher’s business or when the employee, subject to the Publisher’s approval, uses his/her automobile on Publisher’s business.

3.  Such employees using their own automobile on Publisher business shall receive a minimum round-trip allowance, based on a four-mile round-trip at the appropriate mileage rate determined under Paragraph 2 above.

4. The Publisher shall have the right to require employees receiving reimbursement mileage to keep whatever reasonable records the Publisher deems necessary to document miles driven and to provide such documentation to the Publisher.

ARTICLE XVI - GRIEVANCE AND ARBITRATION PROCEDURES

1.  A grievance is any matter (1) involving the alleged violation of any provision of this Agreement or (2) involving the violation of any provision of this Agreement.

2. All grievances shall be submitted in writing, setting forth the facts giving rise to the grievance, and the section(s) of the Agreement violated.  All grievances shall be submitted in writing to the Company within ninety (90) days of the occurrence of the alleged violation or from the date the Guild knew or should have known about the occurrence.  However, in no case, may any issue be brought to grievance after seven (7) months from the date of its occurrence.

3. The Publisher shall meet with the Guild’s designated representative(s) within ten (10) calendar days of submission of the grievance.

4. If the Publisher and the Guild fail to resolve the grievance within thirty (30) calendar days of the initial grievance meeting, the dispute may be submitted in writing to binding arbitration.  The written request for arbitration shall be made no later than forty-five (45) days after the Guild’s receipt of the Company’s written response to the grievance.

5. The parties then shall take the issue to arbitration according to the procedures hereinafter set forth.
               (a) Arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the Federal Mediation and Conciliation Service, provided that, on agreement of both parties, an arbitrator may be selected from a panel of names furnished at their request by the Federal Mediation and Conciliation Service, or such arbitrator may be selected in any manner agreeable to both of the parties.
               (b) In the written notice of arbitration, the party seeking arbitration shall select one (1) of the following two (2) procedures; however, the “informal hearing” procedure shall be subject to mutual agreement:
                                (i) Informal hearings:  the hearing shall be without transcript and without formalities normally attendant upon a formal arbitration.  The arbitrator shall in such cases as he/she deems possible issue his/her decision and remedies at the conclusion of the hearing or as soon as possible.  Otherwise, the arbitrator shall issue his/her decision and remedies as soon as possible.  In either instance he/she shall reduce his/her decision and remedies to writing and at his/her option may or may not include opinion.
 The “informal hearing” procedure shall be limited to cases where there are no substantial differences between the parties as to the facts of the grievance and where a large number of witnesses would not be required in the presentation of the case; otherwise the “formal hearing” procedure should be invoked.
                             (ii) Formal hearing:  the hearings shall be with a transcript and the normal formalities attendant upon a formal arbitration.  The arbitrator shall issue his/her opinion, decision and remedy as soon as possible after receipt of the transcript and briefs if they are filed.
               (c) The decision, including remedies, issued by the arbitrator shall be final and binding.
               (d) The Arbitrator shall have no power to add to, subtract from, or otherwise amend the terms of this Agreement.
               (e) The arbitrator may consider only one grievance at a time, unless the parties mutually agree otherwise.
               (f) The cost of the arbitrator’s fee and his expenses in each case shall be borne by the party against which the arbitrator renders his decision.  No party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.

6.  The time limits specified herein may be extended or waived only by mutual agreement of the parties.

ARTICLE XVII - WORK INTERCHANGE

1.  Employees may engage in activities outside of working hours not in competition with the newspaper, but no employee shall exploit his connection with the newspaper without specific permission from the Publisher.

2. The parties recognize the methods for collection and distribution of news are changing due to the introduction of new technologies, techniques and multi-media platforms.  Bargaining unit employees in the Editorial Department may be assigned as part of their regular duties, new or additional duties resulting from new technologies, techniques and multi-media platforms.  Employees performing these new or additional duties will be provided adequate training and equipment by the Publisher.  Employees will be given a reasonable period of time to become proficient in new or additional duties assigned to them due to the introduction of new technologies, techniques and multi-media platforms.

3. Employees in one department (editorial, business, advertising, inside circulation, or maintenance) may be assigned to do work ordinarily done by employees in another department for legitimate business reasons, to meet operational requirements, in an occasional use situation, or in an emergency.  Prior to making such an assignment permanent, the Publisher will give the Guild thirty (30) days notice of such a change.  Employees so assigned shall suffer no reduction in pay.

4.  An employee permanently transferred to a higher classification shall receive the appropriate rate of pay for that classification.

ARTICLE XVIII - NON-DISCRIMINATION

It is the intent of the parties that there shall be no discrimination in hiring or during employment because of race, color, religion, sex, national origin, age, or disability (as defined by the Americans with Disabilities Act) within the meaning of applicable state and/or federal laws.

There shall be no dismissal of nor discrimination against any employee because of his/her membership or activity in the Guild.  

ARTICLE XIX - BEREAVEMENT PAY

1.  In the event of a death in the immediate family of an employee covered by this Agreement, who has been employed for the preceding thirty (30) days or longer, said employee shall receive the day preceding, the day of and the day following the funeral of same,  off with pay if scheduled to work.  Immediate family shall be spouse, child, step-child, parents, grandparents, parents of spouse and grandchildren.  In the event of the death of the brother or sister of an employee meeting the above qualifications, said employee shall receive the day preceding, and the day of the funeral off with pay if scheduled to work.  The employee shall receive the day of the funeral for the death of a sister-in-law or brother-in-law, if scheduled to work.  The benefit of this section shall not be extended to an employee absent from work because of vacation or other reason.

2. The Publisher reserves the right, in its sole discretion, to provide to an employee more than three (3) paid days of leave under this Article.

 ARTICLE XX – ADOPTION ASSISTANCE

Employees covered by this Agreement shall be eligible to participate in the Scripps Adoption Assistance Plan.  It is understood by the parties that the participation shall be permitted so long as the plan exists and that the plan itself may be unilaterally ended at any time; furthermore, participation in the plan shall be governed by the terms of the plan which may be unilaterally changed or modified at any time.

ARTICLE XXI - PART-TIME AND TEMPORARY EMPLOYEES

 1.  Part-time employees are covered by all provisions of this Agreement, except where specifically exempted, pro-rated or otherwise qualified.

2.  Employment on a temporary basis for work coming under the jurisdiction of the Guild will be for a period of not more than six(6) months, unless the period is extended by mutual agreement of the Company and the Guild.  Each employee hired on a temporary basis will be required to sign a form (copy to Guild) acknowledging that his/her employment is temporary.  Temporary employment is defined as employment for a specific work project that is of a temporary duration, or employment to fill a temporary need.  Nothing in this provision shall bar a temporary employee from being changed at any time to regular status at the option of management.  If a full-time employee is changed from temporary to regular status prior to the end of the current temporary assignment, the last date-of-hire as a full-time temporary employee shall become the Company seniority date. However, a temporary employee shall have no claim on a regular position by virtue of his/her temporary employment by the Company.

3.  Experience credit for part-time employment under Article VI - Special Conditions, Section 3, shall be on the basis of one year for no less than each 1,664 hours paid.  If an employee is compensated for more than 1,664 hours in any one-year period, said employee shall receive one year of experience credit. 

 4.  A part-time employee shall receive dismissal pay at his/her current hourly rate of pay, based on his/her average straight-time weekly hours for the 3 months immediately preceding dismissal.

 5.  Retirement - See Article VIII

6.  Hours and Overtime - See Article X, Section 8.

7.  Part-time employees shall receive vacations as specified for full-time employees except that their vacation pay shall be at the part-time rate.  See Article XI Vacations.

8.  When a holiday falls on a part-time employee's day off, the part-time employee shall receive a pro-rata holiday benefit in the same ratio to a full eight (8) hour day as his/her total straight-time hours in the holiday week is to a full forty (40) hour week.

9.  Part-time truck drivers - See Memorandum Agreement #4. 

ARTICLE XXII - GENDER

As used in this document, whenever the context so indicates, the masculine, feminine, or neuter gender shall be deemed to include the others.

ARTICLE XXIII – MANAGEMENT RIGHTS

1.  The Company shall retain all of its normal, statutory, inherent and common law rights, prerogatives and functions to manage the business, including but not limited to, the following rights:  to determine the source and methods of business operations, the schedule of such operations and the assignment of particular employees to particular business operations; to establish and change existing business practices, materials, equipment and facilities; to determine job content, work and quality standards which shall not be arbitrary; to conduct performance reviews of employees; to schedule hours of work; to assign work to employees as needed for the Publisher’s operations; to promote, transfer, discipline and discharge employees; and to establish reasonable rules of conduct.  All rights retained or exercised by the Company pursuant to this Article shall be consistent with all other terms of this Agreement.

ARTICLE XXIV -  NO STRIKE/NO LOCKOUT

1. There shall be no strikes, including sympathy, or wildcat strikes, sit-downs, slow-downs, work stoppages, boycotts, acts honoring a picket line, picketing or any other acts which interfere with the Publisher’s operations or the production or sale of its products or services during the term of this Agreement.  The Guild agrees that it will not authorize, ratify or condone any activity proscribed herein.

2. The Publisher agrees that it will not lockout any employees during the term of this Agreement.

3. Both parties shall have direct recourse to the National Labor Relations Board and the courts for a violation of this Article.

ARTICLE XXV – DUES DEDUCTION

Upon any employee’s voluntary written request, the Publisher will deduct regular Guild dues from his or her salary account as directed by the employee until such authorization is revoked.  Such request shall be in the following form:
                                                                        Date____________________________

The Memphis Publishing Company:
Until revoked by me in writing, pay to the Treasurer of the Newspaper Guild of Memphis each week the amount of dues indicated by the schedule submitted by the Guild and charge same out of and against my salary account.
                                                                      ________________________________

 MEMORANDUMS OF AGREEMENT

With respect to the contract between Memphis Publishing Company and the Newspaper Guild of Memphis, effective January 11, 2000 and expiring January 10, 2004, it is understood and agreed as follows:

The side letters and memorandum agreements enumerated below fall into three categories:
1. Executed and re-executed in connection with prior contracts between the parties.
2. Revised in connection with the present contract.
3.Newly negotiated in connection with the present contract.

The purpose of this memorandum of agreement is to (a) consider those in #1 above as being re-executed, and (b) incorporate all of the side letters and memorandum agreements, by reference, into one document.  Such incorporation is not intended to change the meaning or intent of said side letters and memorandum agreements in any way, except to update them (as necessary) for the life of this contract.

Following is a list of the side letters and memorandum agreements hereby thusly incorporated by reference. These are listed in the order of the contract section to which they relate.

New # Subject/Title                  Rele. Article

1                      Side Letters                             Article 2
4                      Parttime Truck Drivers           Article 3
6                      Non-Capital Bureaus             Article 4
8                      Orig. Hskeepng.Salaries         Article 4
9                      Pay Periods, Work etc             Article 4
10                    Experience Rating Credit       Article 6
11                    Overtime & Maintenance      Article 6
12                    Pensions                                 Article 8
13                    Insurance/Media Choice       Article 9
17                    Ethics Letter                            None
18                    Letter on Controlled
                          Substance and Alcohol
                          Abuse Policy                         None

MEMORANDUM AGREEMENT #1
(Side Letters)

With respect to the contract between Memphis Publishing Company and the Newspaper Guild of Memphis, effective January ll, 2000 and expiring January l0, 2004, it is understood and agreed as follows:

The side letters and memorandum agreements enumerated below which were executed or re-executed in connection with the prior contract between the parties shall be considered as re-executed for the duration of this contract.  The purpose of this memorandum agreement is to incorporate all of the side letters and memorandum agreements, by reference, into one document.  Such incorporation is not intended to change the meaning or intent of said side letters and memorandum agreements in any way, except to update them for the life of this contract.

Following is a list of the side letters and memorandum agreements hereby incorporated by reference:
(10) Experience Rating Credit (Memorandum Agreement, dated December 27, l970).
(11) Overtime and Maintenance (Memorandum Agreement dated December 27, l970).
(17) Letter of Agreement on E.W.Scripps Company’s Code of Ethics    (dated September 1, 1998).

MEMORANDUM AGREEMENT #4
(Parttime Truck Drivers)

The original version of this Agreement was negotiated in connection with the contract effective December ll, l972 through June l0, l975.  In connection with the contract effective January ll, 2000 through January l0, 2004, the parties have agreed as follows:

1.  Effective at the first full work week following the signing of this Agreement by both parties, the regular parttime truck drivers (as defined in Paragraph 2, below) shall be considered employees covered by the terms and conditions of the current contract, but subject to the conditions stated in paragraphs 3 and 4 below.

2.  A regular parttime truck driver shall be defined for the purposes of this Agreement as a parttime truck driver employed in the Publisher's Transportation Department who is regularly scheduled to work more than 24 hours and less than 40 hours each work week; provided, this definition does not include any casual parttime truck drivers (generally defined as those persons working an average of 24 hours or less work per week) or truck drivers who are filling in for regular parttime truck drivers who are on vacation, out sick or otherwise not working their scheduled shifts
It is the intent of the Publisher that the regular parttime truck drivers employed in these positions on January 11, l993 shall average 28 hours per week if they are available for employment seven (7) days per week.  (List agreed upon by parties.)

3. Notwithstanding provisions of the current Contract which might otherwise be applicable or conflict with this Agreement, employment of the regular parttime truck drivers is subject to the following terms and conditions:
              (a)  No set number of regular parttime truck driver jobs is guaranteed.  The number may fluctuate according to the needs determined by the Publisher.  Likewise, the number of hours to be worked by any regular parttime truck driver may vary according to the needs determined by the Publisher.
              (b) Regular parttime truck drivers shall be entitled to overtime pay only when they work more than forty (40) hours in any one work week.
              (c) Each of the currently-employed parttime truck drivers must pass a physical examination in order to become a regular parttime employee covered by the sick leave and discharge for cause provisions of the Contract.
              (d) It is recognized the Publisher's newspapers are being hauled, or otherwise delivered, by several different methods.  Nothing in this Agreement affects the Publisher's right to revise, change, increase, reduce or discontinue any method or methods of delivery at any time, wholly or in part, provided that if any regular parttime truck driver is laid off as a result of such action, he shall be entitled to a pro rata payment of dismissal pay in accordance with Article 7 of the Contract.
               (e) It is recognized that the exigencies of the delivery operation required the delivery "runs" involved in regular parttime truck driver jobs to vary frequently, and that said "runs" be interchangeable with the Publisher's other methods of delivery.  It is recognized, therefore, that the coverage of the Contract shall apply to persons employed in "regular parttime truck drivers" jobs as such, and not to the work performed in such jobs.
                (f) The Publisher shall continue to have the right to make regular parttime truck driver assignments and to change all or part of any regular parttime truck driver's assignment at its discretion to meet the exigencies of its operation.  The Publisher shall continue also to have the present flexibility of scheduling work shifts and hours for regular parttime truck drivers, in accordance with the flexibility provision of Article l0, paragraph l, of the Contract.

4. The Guild agrees that if regular parttime truck drivers are mutually agreed to be covered by the next contract between the parties, sufficient funds will be diverted from the money settlement to fund the service credit to which the regular parttime drivers may be entitled in the next contract.

MEMORANDUM OF AGREEMENT #6
(Non-Capital Bureaus)

It is understood and agreed that, as part of the negotiations for a new contract between the Memphis Publishing Company and the Memphis Newspaper Guild effective January 11, 2000 through January l0, 2004, the parties have established the following as applied to non-capital bureaus of The Commercial Appeal:
A. This memorandum does not pertain to those persons in bureaus covered before the l982-84 contract--namely Nashville, Tennessee; Little Rock, Arkansas; Jackson, Mississippi; and one of two positions in Jackson, Tennessee.
B. Any other bureaus of The Commercial Appeal which are regularly staffed are covered by this memorandum.
C. The wage scale for persons in the Bureaus in "B" above is as follows:
             During lst   During 2nd   After lst   After 2nd
              6 Months     6 Months      Year        Year
                 564.50          605.41     623.86     637.08
D. The probationary employment period for such employees shall be nine (9) months.
E. The out-of-town provisions of Article l0, Section 6 shall not apply.
F. Nothing in this Agreement shall be construed as to guarantee a certain number or location of bureaus.
G.  The terms and conditions of the original of this Memorandum became effective on January l, l984.

MEMORANDUM OF AGREEMENT #8
(Original Housekeeping Salaries)

It was agreed, in contract negotiations for a new contract effective 6/ll/86, that janitors who were employed on 6/l0/86 would remain at that scale and receive the proper general increase as long as they remained employed with the Memphis Publishing Company in a janitorial position, and that those persons employed in a janitorial position on or after 6/ll/86 will be paid at the rate listed in the new contract effective on that date.
Housekeeping staff working prior to June l0, l986 will receive:  $465.23

MEMORANDUM OF AGREEMENT NO. 9
(Pay Periods, Work Performed, etc.)        

1. PAY PERIODS-- The parties have agreed that at some point during the term of this agreement, it may become necessary to discontinue present weekly payroll periods.  The union agrees to the implementation of this change in payroll policy, at that time, and the company agrees that pay periods shall not exceed every two weeks.  Payday shall be either Thursday or Friday.  All pay shall be by some form of direct deposit.  Employees may elect to participate in Scripps Skylight Program.  The Publisher reserves the right to modify, change, discontinue or replace the Scripps Skylight Program.

2.  Effective with the signing of this agreement, employees covered by this contract who perform work in the pressroom of a nature where coveralls would be needed will be provided the use of coveralls.

3.  In classification A-2, the photographer-assistant position shall have $10 per week added to the after-fifth year scale, effective on implementation.

MEMORANDUM OF AGREEMENT #12
(Pensions)

It is understood and agreed that, in contract negotiations for a new agreement effective May 28, 2010, the parties fully discussed the matter of PENSIONS and have agreed upon the following.
            1.  Article VIII - Retirement - Has been revised, as agreed.
            2.  All amendments necessary to put this memorandum into effect have been drafted by Company attorneys at Company expense.
            3. The Company will assume full financial and administrative control of and responsibility for the plan, including but not limited to right to select trustees, actuary and investment counselors and set investment policies.  Company's future contributions to the Trust Fund will be sufficient to satisfy funding requirements prescribed by Employee Retirement Income Security Act of l974, as amended (ERISA).
            4. The joint board is abolished and the plan becomes a company-sponsored defined benefit plan
            5.  Plan will be amended to comply with Tax Reform Act of l986 and all other applicable laws.
            6. Any future improvements to the plan will be done as a part of new contract negotiations.

In consideration for the foregoing, the Guild shall receive the following:
            1. Present tri-level formula is replaced with a formula of l.l5% for all years of service with a $4,000 monthly salary cap.
            2. Employees qualifying for early retirement may commence receiving benefits at age 62 without actuarial reduction for early commencement.
            3.  Reduction for early retirement at ages 55 through 61 shall be 5% per year.
            4.  For the period through December 3l, l999, each employee's benefit also will be computed under the Plan's present tri-level formula and early retirement reduction formula.  Employee's benefit will be the larger of the old formula or the new formula.
            5.  The Guild has received copies of plan amendments.
            6. Lump sum payment option is available to plan participants who were fully vested as of 6/l0/89 and who retire at age 55 or later.  The lump sum amount shall be computed as prescribed in Section 417(e) of the Internal Revenue Code.
            The plan shall, therefore, be amended in Section l.l6 and Section 3.9(c) to be in accordance with the provisions of the IRC Section 4l7(e) as stated above.
            Dismissal pay, as outlined in Article VII of the contract, will be paid pursuant to the pension plan.
            While the restated plan and plan amendments must be the controlling pension documents, it is agreed that this document outlines the basic understanding between the parties.

 MEMORANDUM OF AGREEMENT #13

(Insurance/Scripps Choice)

The Memphis Newspaper Guild Local No. 33091 has agreed to join Scripps Choice, a corporate-wide group of health, life and accident insurance coverages governed and administered by Scripps Howard.

1.  The Publisher shall provide optional life insurance benefits to employees covered by this contract.  The initial coverage will be equal to the employee’s base annual pay.  The cost of this coverage (if chosen) is fully paid by the Publisher.  An additional amount of life insurance may be purchased by the employee. The rates for this coverage are outlined within the Plan.

2.  The Publisher shall offer health insurance within the Scripps choice Plan for employees (covered by this contract) and their eligible dependents.  Eligibility for covered employees for health, life, accident or other Scripps Choice Plans shall be determined by eligibility agreement between the parties and the eligibility requirements of the Plan itself.

3. The Publisher shall also include an optional dental plan within the Scripps choice Plan for covered employees.

4. All employee contributions to the Scripps Choice Plan shall be with pre-tax dollars (not including optional Long-Term Care), as long as such is allowed by law.

5.         (a) Any changes in the Plan will be made effective as of January 1 of each year.  Affected employees shall be notified of such changes prior to or during annual re-enrollment.  Once put into place, the terms and conditions of the Plan shall remain unchanged (except as required by law) for the entire plan year.                   (b) The Publisher shall continue to offer both qualified health maintenance organizations (HMO) plans which were available in 1993 as long as they offer coverage to the employees of Memphis Publishing company.  If a qualified health maintenance organization remains available in the Memphis market, the Company shall continue to offer this option to its eligible employees.
              (c) Eligible employees will receive the same benefit coverage under the Plan as other employees of the Company who are covered by the Plan.
              (d) No covered employee or eligible dependent shall lose coverage due to a pre-existing condition as a result of putting this agreement into effect.
              (e) All the current plan documents are attached to this agreement.

 6.  This memorandum of Agreement supersedes and replaces any other agreements or contract language dealing with health and life insurance.

 
September 1, 1998
Ms. Lela Garlington
Newspaper Guild
Memphis, Tennessee

Dear Ms. Garlington:
In new contract negotiations between the parties to the current contract, the following was agreed:
       The union accepts the Controlled Substance and Alcohol Abuse Policy.
This letter is to confirm that nothing in the Controlled Substance and Alcohol Abuse Policy is intended to modify or abridge an employee’s rights under this contract, the National Labor Relations Act or under any other pertinent law.  

Controlled Substance and Alcohol Abuse Policy

This policy applies to all employees of Memphis Publishing Company, including those  who are subject to regulations governing drug and alcohol testing promulgated by the U.S. Department of Transportation and the Federal Highway Administration.

Policy Statement
Memphis Publishing Company is interested in the safety, productivity and general welfare of all employees.  To this end, the company’s goal is to provide a controlled substance and alcohol-free workplace.  This policy will apply to all regular full time, part time, temporary, seasonal and casual employees. This policy is in compliance with all rules and regulations of the Department of Transportation (DOT), the Federal Highway Administration (FHWA) and all applicable state and federal legislation.

This policy is not intended nor should it be construed as a contract between the company and any employee or applicant.  This policy may be changed, amended, modified, revised or updated at any time at the sole discretion of the company or in order to comply with federal mandates or regulations.

Any employee involved in any of the following activities will be in violation of company policy and will be subject to disciplinary action up to and including termination of employment:

  • the use, possession, manufacture, purchase, sale or distribution of illegal drugs or being under the influence of illegal drugs;
  • the unauthorized possession, use, sale or distribution of alcoholic beverages or being under the influence of alcohol while on company time, company business, company premises or in company vehicles. 

 Distribution of Policy
In order to ensure that all affected applicants and employees are properly notified of the policy, the company will post a copy of the policy in an appropriate and conspicuous location on company premises.  The company will distribute copies of the policy as well as any other materials on the adverse consequences of controlled substance and alcohol abuse to all affected employees. Employees will be required to sign a statement certifying that they received a copy of the policy.  Prior to testing under this policy, applicants and employees will be required to sign an Authorization and Consent form.

Employees who have questions about the company’s policy or the DOT and FHWA regulations should contact the Human Resources Department.

Employee Counseling and Rehabilitation
Memphis Publishing Company recognizes that alcohol and drug problems are often treatable.  Confidential assessment, counseling and, in some cases, referral to an outside agency for treatment or specialized help are among the services provided through our Employee Assistance Program (EAP).  Memphis Publishing Company encourages employees to seek confidential assistance from the EAP if they feel they or a family member may have a drug or alcohol dependency problem. 

Employees who voluntarily seek treatment for drug or alcohol abuseprior to discovery of prohibited conduct by the company will not be subject to discipline or termination as a result of such voluntary disclosure.   Employees seeking such treatment may apply for a leave of absence and may be eligible for other company benefits during this time period.  Each request to return to work will be reviewed on a case-by-case basis.  If the request is approved, the employee must pass a return-to-work drug and alcohol test and agree to remain drug and/or alcohol free.  The employee may be subject to unannounced periodic drug and alcohol testing for a period of up to three  years, or for such longer periods as determined by a health care professional under the program, or if required by DOT regulations.  Failure to comply with prescribed treatment or aftercare plans or failure to take a test will result in termination of employment.

Participation in the EAP will not jeopardize employment or future advancement, but it also will not exempt employees from disciplinary action for substandard job performance or violation of company policies. 

Awareness and Training
Supervisors and managers will receive training in the identification of the signs of drug and alcohol abuse through in-house seminars and other training materials.

Definitions
For the purpose of this policy, the following definitions apply:

CDL:  refers to a commercial driver’s license which is required for those employees who operate any vehicle that (l) has a gross weight of 26,001 lbs. or greater; (2) is designed to carry 16 or more people, including the driver; or (3) is used to transport hazardous materials requiring placarding.

Commercial Motor Vehicle:  refers to a vehicle that (l) has a gross weight of 26,001 lbs. or greater; (2) is designed to carry 16 or more people, including the driver; or (3) is used to transport hazardous materials requiring placarding.

Legally Prescribed Drugs:  refers to the use of legally prescribed and over-the-counter drugs.  The company realizes that there will be occasions where an employee may have to be treated with medications which could possibly impair the ability to perform assigned job responsibilities.  Each employee is responsible for informing his or her supervisor of this situation. A determination will be made whether the employee is to be temporarily reassigned or placed on a leave of absence until the course of treatment is completed.  It is the employee’s responsibility to provide any medical information needed in this situation.

Illegal Drug Use:  refers to the use of drugs which are illegal under all circumstances and prescription drugs which have not been legally prescribed or are not being used pursuant to the physician’s order.  Specifically, any drug test required under this policy will test for the presence of marijuana, cocaine, opiates, amphetamines and phencyclidine.  Specimens will be collected and analyzed by a Department of Health and Human Services (DHHS) certified lab.

Under the Influence:  refers to an employee who is affected by a drug and/or alcohol in any detectable manner, including but not limited to the odor of alcohol on a employee’s clothing or breath, impairment of physical or mental ability, slurred speech, falling asleep on the job or difficulty maintaining balance.

Refusal to Test: includes failure to provide a specimen, failure to cooperate with the testing process, failure to report for a collection in a timely manner, failure to provide an adequate specimen without a legitimate medical condition preventing adequate urination, or submitting an adulterated or substituted specimen.

Positive Drug Test:  refers to a positive drug test reported by the medical review officer (MRO) as an unauthorized use of a controlled substance.  Such test has been performed and conducted at a Department of Health and Human Services certified laboratory in accordance with federal and other applicable procedures and cut-off levels.

 Positive Alcohol Test:  refers to a positive evidential breath test result of equal to or greater than 0.04 breath alcohol concentration.

Drug and Alcohol Testing
Urine drug tests and breath alcohol screenings will be conducted in strict compliance with appropriate methodology and any applicable state and federal regulations.  A medical review officer (MRO) will also be utilized to verify positive test results.  Failure to submit to such tests or screenings when required under the terms of this policy will ordinarily result in termination.

Applicants:
Offers of employment will be conditioned upon the applicant successfully passing a test for the illegal use of drugs.  This test will be in compliance with all DOT regulations.  An offer of employment will be rescinded should the applicant refuse to take the test or fail the test.  Pre-employment testing applies to regular full-time, part-time, temporary, seasonal, and casual employees who are hired or rehired.

Applicants will not be allowed to drive a company commercial vehicle, including pre-employment road testing, until they have successfully passed the pre-employment drug test.

Applicants who are not extended an offer of employment because of failing or refusing to take the required drug test may reapply for employment after one year.

An employee who operates a company non-commercial vehicle and is subsequently required to obtain a CDL and is assigned to drive a commercial vehicle will be required to submit to a DOT drug test before being permitted to drive the commercial vehicle.

Current employees:
Regular full-time, part-time, temporary, seasonal and casual employees who are required to drive a company vehicle or personal vehicle for company business will be required to submit to drug and alcohol screening under the following circumstances:

  • Post Accident - Benefits under some state workers’ compensation statutes may be either reduced or not allowed if the employee’s accident is due to drug and/or alcohol abuse.  Employees will be tested for alcohol and drugs within the time frames established by the DOT when either:
    • the employee receives a citation under state or local law for a moving traffic violation while operating a company vehicle, or while driving a personal vehicle for company business  and (l) there is physical injury to either party requiring off-site medical attention (other than first-aid), or (2) there is property damage requiring any vehicle to be towed away from the accident site; or
    • the accident results in a fatality.

 In addition, an employee, whether or not required to drive a company vehicle or personal vehicle for company business, will be tested pursuant to company policy when:

  • an incident involves actual or potential significant damage to company equipment, buildings or products; or
  • an incident involves personal injury where off-site medical attention other than first-aid is required; or
  • there is reasonable suspicion, on the part of the law enforcement officers or the company manager reviewing the accident, to believe the employee was negligent and may be under the influence of drugs and/or alcohol.

 An employee’s failure to report an accident to the appropriate company official or follow the company’s instructions concerning post-accident testing procedures shall be considered a refusal to submit to testing.

The company will conduct post-accident controlled substance testing as soon as possible, but no later than 32 hours after an accident.  Moreover, the company will conduct post-accident alcohol testing as soon as possible, but no later than 8 hours after an accident.  In the event an employee is so seriously injured that the employee cannot provide a test specimen at the time of the accident, the employee will be required to provide the necessary authorization to the company for obtaining medical records or other documents indicating whether the employee was under the influence of alcohol or a controlled substance at the time of the accident.

Random Drug Testing
All employees assigned to drive a company commercial vehicle will be included in the company’s random drug selection pool comprised of commercial vehicle drivers who are subject to such testing.  Random drug testing is administered at a minimum annual rate of 50% of average number of commercial driver positions in the company. 

Random drug testing may be performed at any time while the driver is at work including times when the driver is performing non-driving duties.

Random Alcohol Testing
All employees assigned to drive a company commercial vehicle will be included in the company’s random selection pool comprised of commercial vehicle drivers who are subject to such testing.  Random alcohol testing is administered at a minimum annual rate of 10% of the average number of commercial driver positions in the company.

Random alcohol tests will only be administered while the driver is performing safety sensitive functions, immediately prior to performing or immediately after performing safety sensitive functions (as defined in FHWA regulations 49 CFR, Part 382.107).

In both drug and alcohol testing, random selection of drivers to be tested will be conducted by an outside agency in accordance with DOT and FHWA regulations.  All tests and procedures will conform to DOT and FHWA regulations.

Reasonable Suspicion
A decision to test for drugs or alcohol will be based on observations concerning the appearance, behavior, speech or body odors of the employee.  A test will also be administered if an individual is observed to have drugs, alcohol or drug paraphernalia in the workplace or is seen with someone who is in possession of the same. Conduct believed to exemplify “reasonable suspicion” will be witnessed by two supervisors whenever possible.  The supervisors will be trained in the identification of signs indicative of drug and alcohol use.  If reasonable suspicion exists, an employee must submit to testing and the employee must be transported immediately to a collection site for testing.

An employee who is requested to undergo a reasonable suspicion test will be placed on an unpaid administrative leave pending the results of the test.  If the results are negative, the employee will be reinstated with back pay.

Testing Procedures
In order to assure the reliability and integrity of the controlled substance and alcohol testing process, the company will adhere to the following testing procedures:

  • Controlled Substance Testing
    Employees subject to controlled substance testing will be directed by the company to report to a secure collection site (e.g., a certified laboratory or medical facility) in order to provide a urine specimen.  At the collection site, a trained collection site person will escort the employee to a room or partitioned area allowing for reasonable privacy, where the employee will provide a urine sample.  After the employee has provided the urine specimen, the collection site person will pour the urine into two separate containers, place tamper-proof seals on both containers and label the containers in the presence of the employee.  The collection site person will then forward the containers to the testing laboratory.

 Once the testing laboratory receives the two containers, the laboratory will conduct an initial test on the urine specimen contained in the first container.  If the initial test reveals a presumptive positive result, a confirmation test will be performed.  For all positive confirmation tests, the laboratory will retain the second container in the event that the employee wants another laboratory to conduct a reconfirmation test on the urine specimen at his or her own cost. The cost of the reanalysis is at the employee’s expense.  However, the Company will reimburse the employee for the cost of the reanalysis if reconfirmation results fail to detect the drug or an adulterant and the original test results are cancelled 

  • Alcohol Testing
    Employees subject to alcohol testing will be directed by the company to report to a breath alcohol technician.  Once the employee arrives, the test technician will explain the testing procedures to the employee. The breath alcohol technician will then open an individually-sealed mouthpiece, attach it to an Evidential Breath Testing (EBT) device and instruct the employee to blow into the mouthpiece.  Once the EBT device prints out the test results, the breath alcohol technician will show the results to the employee and document the results on a breath alcohol test form.  Following the completion of the breath alcohol test form, the breath alcohol technician shall record the results on the breath alcohol test form and both the breath alcohol technician and the employee will sign and date the form.

 Notification of Test Results

  • Controlled Substance Testing
    After the testing laboratory has conducted a controlled substance test on an employee, the laboratory will send the test results to the company’s medical review officer (MRO), a licensed physician with knowledge of alcohol and substance abuse disorders.  If the test results are positive, the MRO will review the employee’s medical records in order to determine whether there are alternative medical explanations for the positive test results.  Prior to verifying an employee’s test results as positive, the MRO will attempt to contact the employee in order to give him or her an opportunity to discuss the test results.  If the MRO is unable to contact the employee directly after making reasonable efforts to do so, the MRO will ask a company official to direct the employee to contact the MRO as soon as possible.  If the company official is unable to contact the employee after reasonable efforts, the MRO may verify the test results as positive.  Similarly, if the company official contacts the employee, but the employee either declines the opportunity to discuss the test results or fails to contact the MRO within five days of being contacted by the company official, the MRO may verify the test results as positive.

 After verifying an employee’s test results as positive, the MRO shall notify the employee that he or she has 72 hours in which to request a test of the split specimen.  If the employee requests a test of the split specimen, the MRO shall order an analysis of the split specimen by another certified laboratory at the employee’s expense.  If the analysis of the split specimen fails to reconfirm the presence of the controlled substance (s) found in the primary specimen, or if the split specimen is unavailable or untestable, the MRO shall cancel the test and report such cancellation as well as the reason for it to the company and the employee.   The Company will then reimburse the employee for the cost of the reanalysis. 

  • Alcohol Testing
    After the testing technician has conducted a confirmatory breath alcohol test on an employee, the technician will send the test results to the company.  If the test results reveal that an employee has an alcohol concentration of 0.02 to 0.0399, the company shall remove the employee from duty for 24 hours or until his or her next scheduled on-duty time, whichever period is longer.  If the test results reveal an alcohol concentration of 0.04 or higher, the company shall notify the employee of such results and may in its discretion take disciplinary action up to and including termination of employment.

 Access to Test Results/Laboratory Certification Information
All employees who are required to submit to controlled substance or alcohol testing shall, upon written request, be given access to any records pertaining to their controlled substance or alcohol tests as well as any records pertaining to certification review or revocation-of-certification proceedings for the testing laboratory.

Positive Test Results and Corrective Action
Memphis Publishing Company has a zero tolerance for alcohol and/or drug abuse by employees. Any employee found to be in violation of the company’s controlled substance and alcohol abuse policy is considered to have committed serious misconduct and will be disciplined up to and including termination of employment.

  • Positive Drug Test Results
    First offense:  While the company retains the discretion to terminate employment or take other appropriate action, ordinarily an employee who tests positive for illegal drugs or who is identified as misusing or abusing legally prescribed or over-the-counter medication (as determined by the medical review officer), will be suspended without pay pending an evaluation by an EAP-approved substance abuse professional and/or medical review officer.  Should this evaluation result in the determination that the employee requires inpatient or outpatient treatment prior to returning to work, and the employee agrees to cooperate, the employee will be placed on a leave of absence and may be eligible for other company benefits during this time period.
    Should this evaluation result in the determination that no rehabilitation is needed, the employee is eligible for reinstatement provided he or she passes a return-to-work test.
    Refusal to take the test or to seek the assistance of EAP within five days from the date of the verified positive drug or alcohol test will result in termination of employment.
    Second Offense:  While the company retains the discretion to terminate employment or take other appropriate action, ordinarily an employee who tests positive for drugs for a second time will be terminated. 
  • Positive Alcohol Test Results
    First offense:  While the company retains the discretion to terminate employment or take other appropriate action, ordinarily an employee whose breath alcohol test results are .02 to.0399 will be suspended without pay for 24 hours. Ordinarily, test results of .04 and above will result in suspension without pay and referral to an EAP-approved substance abuse provider.  Should the evaluation result in the determination that the employee requires inpatient or outpatient treatment prior to returning to work, and the employee agrees to cooperate, the employee will be placed on a leave of absence and may be eligible for other company benefits during this time period.
    Second offense:  Employees who test positive for alcohol at .02 to .0399 a second time will be subject to discipline up to and including termination of employment.  Ordinarily, employees who test positive for alcohol at .04 or above a second time will be terminated. 
  • Return to Work
    Each request to return to work will be reviewed on a case-by-case basis.  If the request is approved, the employee must pass a return-to-duty drug and alcohol test and will be subject to at least six unannounced periodic follow-up tests during the first year after return.  The employee may also be subject to such unannounced testing for a period of up to three years, or for such longer period as determined by a health care professional under the program, or if required by DOT regulations.   An employee who fails to comply with the prescribed treatment or aftercare plan or who refuses to take a test or tests positive for drug or alcohol use in the future will be terminated.

Arrest/Conviction for Drug or Alcohol-Related Offense

  • On/Off Duty “Driving Under the Influence” (DUI Alcohol-Related))
    Employees who are required to drive their own personal vehicle or company vehicle for business purposes, and who are arrested for an alcohol-related reason while on company or personal time must report the arrest totheir immediate supervisor by the next scheduled work assignment if restrictions or limitations are placed on the employee’s driving license or record.  Employees covered by DOT regulations must report the arrest by the next scheduled work assignment.  If the arrest or the limitations or restrictions is/are not reported, the employee will be subject to discipline, up to and including termination of employment.

 While the company retains the discretion to terminate employment or take other appropriate action, ordinarily an employee who is subsequently convicted of the charges and there are no other violations of the company’s controlled substance and alcohol abuse policy, will be referred to an EAP-approved substance abuse provider.  Should the evaluation result in the determination that the employee requires inpatient or outpatient treatment prior to returning to work, and the employee agrees to cooperate, the employee will be placed on a leave of absence and may be eligible for other company benefits during this time period. Each request to return to work will be reviewed on a case-by-case basis.  If approved, the employee must possess a valid driver’s license and pass a return-to-work drug and alcohol test.  The employee will also be subject to unannounced periodic follow-up testing for a period of up to three years, or for such longer period as determined by a health care professional under the program, or if required by DOT regulations.  Refusal to seek the assistance of EAP and complete any prescribed treatment plan or aftercare program will result in termination.  Employees who refuse to take a test or fail a test will be terminated. 

  • On/Off Duty Drug-Related Arrest/Conviction
    Any employee who is arrested for a drug-related reason while on company or personal time must report the arrest to his or her immediate supervisor by the next scheduled work assignment.  If the arrest is not reported, the employee will be subject to discipline, up to and including termination of employment.

 While the company retains the discretion to terminate employment or take other appropriate action, ordinarily an employee charged with a violation of a criminal drug statute, on or off duty, will be suspended pending completion of the company’s investigation.  This investigation may be deferred until the legal process has been completed.  The company will ordinarily not continue to employ any employee who is convicted of conduct contrary to drug statutes or who pleads “no contest” to such a charge.  Employees have up to five days to report such a conviction to the company.

 Searches
In order to provide a safe working environment, the company reserves the right to conduct inspections on company premises.  Consistent with the principles of the Code of Ethics and all state and local laws, property that an employee might consider his or her own, such as a desk, e-mail, voice mail, computer files and lockers is actually company property.  The inspection may be conducted with or without notice being given to the employee, provided that when searching a locked item, the company will make a good faith effort to notify the appropriate employee.  In an emergency, no attempt to notify need be made.

The company may also inspect any objects brought onto or from company premises as well as personal vehicles parked on company property.  Notice will be provided to the employee prior to such an inspection unless there is reasonable cause to suspect criminal activity.

Contractors/Vendors
Contractors and vendors are expected to remain drug and alcohol-free while representing the company, working on its premises or rendering services to the company.

Questions/Policy Review
Employees who have a question about this policy should contact the Human Resources Department.

The corporate risk management and Human Resources Departments will review and update this policy as required by legislative changes.

Confidentiality
All information, reports and drug test results received by the company as a result of this policy are confidential.  Such information will only be divulged to designated management who have a legitimate reason to know or as required by law.