CONTRACT

and

SCALE OF WAGES

Between

THE UNION LEADER CORPORATION

and

THE MANCHESTERNEWSPAPER GUILD,

 LOCAL 31167

January 1, 2012 -December 31, 2013

AGREEMENT

 THIS AGREEMENT is made this 1st day of January, 2012 between the Union Leader Corporation, hereinafter known as the Publisher, and the Manchester Newspaper Guild, a local chartered by The Newspaper Guild, hereinafter known as the Guild, for itself and on behalf of all the employees of the Publisher in the Editorial, Advertising, Circulation, Accounting, Information Technologies, Maintenance departments, and the Photo Lab.

ARTICLE 1

Exceptions

Section 1.  The following are excluded from the application of this Agreement: a Managing Editor - News, an Executive Editor, a Managing Editor - Operations, a Deputy Managing Editor, a City Editor, a Night Editor, a Sunday Editor, a Family Features Editor, a Deputy Managing Editor-Sports, a Deputy Managing Editor-Administration, an Editor of the Editorial Pages, a Business Editor, NNI Editors (NNI Editors will not be assigned to do Union Leader work), an Advertising Director, a National Advertising Manager, two Local (Retail) Advertising Managers, a Classified Advertising Manager, a Manager of Advertising Services, a Circulation Director, a Circulation Manager, a Circulation Office Manager, a Circulation Home Delivery Manager, a Circulation Transportation Manager, Circulation Zone Supervisors, Circulation Zone Managers, Relief Circulation Zone Managers, City Supervisors, District Managers and Relief District Managers, a Director of Accounting, a Credit Manager, three Senior Accountants, an Information Technologies Director, and two Information Technologies Managers.

Section 2.  The jurisdiction of the Guild is:

(A)  The kind of work either normally or presently performed within the unit covered by this contract.

(B)  New or additional work assigned to be performed within said unit.

(C)  New or additional work similar in skill, or performing similar function, as the kind of work either normally or presently performed within said unit.

Performance of such work, whether by presently or normally used processes or equipment or by new or modified processes or equipment, shall be assigned to employees of the Publisher within the Guild's jurisdiction and covered by the Guild contract.

ARTICLE 2

Salaries

Section 1. The following minimum salaries in the classifications listed shall be in effect on the dates indicated:

Section 2.  In the application of the foregoing schedule of minima, the word "years" refers to experience in comparable work.

Section 3.  There shall be no reduction in salaries except those reductions that would occur to any employee covered by this Agreement who accepts a lower paid classification by choice.

Section 4.  Special bonuses for odd hours worked and for classifications meriting special remuneration shall be paid as follows:

(A)  The sum of six dollars ($6.00) per shift shall be paid to employees whose working schedule requires them to be on duty any time between 5 p.m. and 6 a.m. Sunday through Fridays, and eight dollars and fifty cents ($8.50) per shift during those hours on Saturdays.  This shall not apply, however, in the case of employees covered by Paragraph B below, where a differential of six dollars and fifty cents ($6.50) per day is required. It shall not apply, also, in the case of employees covered by Article III, Section 6 (Sunday News schedule).

(B)  Anyone whose normal working schedule requires him or her to be on duty part of the day shift and part of the night shift so that he or she begins work before 5 p.m. and ends work later than 7:30 p.m. shall be paid an additional six dollars and fifty cents ($6.50) per shift worked.

(C)  Members of the Union Leader staff required to work on Sunday News shall receive payment at the rate of time-and-one-half after 5 p.m. on Saturday, in addition to their regular week's pay.

(D)  Anyone whose normal working schedule requires work on Sunday before 5 p.m. shall be paid an additional eight dollars and fifty cents ($8.50) weekly.  Employees entitled to the eight dollars and fifty cents ($8.50) premium for Sunday work shall not be entitled to additional differentials for that day.

(E)  Employees used in the dual capacity of reporter-photographer shall be paid a bonus of twenty dollars ($20.00) weekly.  It is agreed that not more than eight (8) employees shall be used in the dual capacity of reporter-photographer.  Overtime for photography-only shifts will be offered to photographers first. Any change in dual capacity personnel contemplated by management must be given in writing at least two weeks prior to change.

(F)  Employees temporarily engaged in higher classification work will be given the higher classification pay on a per diem basis.

(G)  Normal night shift shall not start before 5 p.m.

(H)  Any copy editor required to do pagination as part of his/her regular week's work shall receive a bonus of fourteen dollars ($14.00) per shift.

Section 5.  Payment of salary shall be made weekly.  The Publisher will make available a direct deposit payroll system for those employees who wish to use it.  The Publisher will arrange for the deposits to be made by the bank as soon as is feasible.  The terms and conditions of the direct deposit plan will be governed by the plan or any agreement between the Publisher and the bank.  The terms and conditions of the plan which affect employees will be made available to the Guild.

Section 6.  A part time employee is one who is hired to work regularly less than the work week provided in this contract.  A temporary employee is one employed for a special project or for a specified time, in either case not to exceed three (3) months. The Guild shall be notified in writing as to the nature of such project and its duration.

(A)  Part time employees shall be paid on an hourly basis equivalent to the weekly minimum to which they are entitled by their classification and experience.  Part time and temporary employees shall receive all rights and benefits of this Agreement, except they shall not qualify for, health insurance (unless available) or severance pay.  However, temporary employees whose employment is extended beyond three (3) months by agreement of the parties to this contract shall qualify for sick leave as outlined in Article 7, Section 1(B) during such extended employment.

Part-time employees who work an average of at least 20 hours per week and all temporary employees shall receive:  one (1) paid sick day a year which, if not used, may be carried over to subsequent years up to a maximum of three (3) paid sick days, pro rata paid vacation time according to the following schedule, seven (7) hours of vacation time for every 140 hours worked during the previous calendar year, with a maximum of 10 days of vacation time (to be accrued to the nearest half day); a half-day's pay in each week in which a holiday listed in Article 5, Section 1 occurs, excluding personal days (except that temporary employees are entitled to the full holiday pay and the day off); and life insurance in the amount of $10,000 with accidental death and dismemberment.  The 20 hour basis for part-time and temporary employees hired during the calendar year shall be the number of hours worked divided by the number of weeks from date of hire.  The Company shall place informational postings on bulletin boards for regular part-time job vacancies for a minimum of five days.

Notwithstanding the preceding paragraph, the Publisher can employ a temporary employee for more than 3 months, for the purpose of temporarily replacing an employee on leave of absence, until the leave ends.  Such temporary employees will continue to be eligible for sick leave after 3 months as outlined in Article 7, Section 1(B) and will be eligible for personal days after 3 months on a pro-rated basis, e.g., if there are two personal days per year, one day would be earned each 6 months.  An employee employed more than one year under this paragraph would begin to accumulate vacation credits as of the end of one year.  The Publisher has the right to employ and terminate a temporary employee in his discretion, subject to the terms of this Agreement and law; provided that Article 11, Section 1 shall not apply to any such termination.

(B)  Part time and temporary employees shall not be employed where, in effect, such employment would eliminate or displace a regular or full time employee.  Part time employees shall not be employed for more than twenty-eight (28) hours per week.  The number of part time hours paid annually shall not exceed 38% of the number of straight time hours paid to full-time unit employees.  Part time, Guild-covered employees may be used to avoid payment of overtime.

Section 7.  The Assistant City Editor, Assistant Night Editor, Sunday City Editor, Chief of Photography, Chief Sports Editor, Copy Desk Chief, Special Editions Editor, Business Editor and the Derry Editor shall be paid a minimum of twenty two dollars and fifty cents ($22.50) per week above top minimum scale for Copy Editor.  The Assistant Display Advertising Manager the Advertising Sales Development Coordinator and the Art Department Coordinator shall be paid a minimum of twenty two dollars and fifty cents ($22.50) per week above top minimum scale for Advertising Solicitors.  The other Sports Editors shall be paid a minimum of seventeen dollars and fifty cents ($17.50) per week above the top minimum scale for Copy Editor.  The Chief of the Concord Bureau shall receive a differential of fourteen dollars and fifty cents ($14.50) per week above top minimum scale for senior reporters.  The Head Janitor shall be paid a minimum of twelve dollars and fifty cents ($12.50) per week above the top minimum scale for Janitor.  The Graphics Editor shall be paid a minimum of twenty seven dollars and fifty cents ($27.50) per week above the top minimum scale for Copy Editor. The Design Editor shall be paid a minimum of thirty dollars ($30.00) per week above the top minimum scale for Copy Editor.  Any change in any of these positions contemplated by management must be given in writing at least two weeks prior to the change.

Employees shall be free to decline any position listed in this section and shall not be penalized for refusing to accept such a position.

Incumbents in any of these positions shall have the right to opt out of them, provided (A) there is an opening in the same classification or another for which they are qualified; or (B) they wish to relinquish the position and the Publisher is able to fill it from within the unit.

When a vacancy occurs in any of these positions, or an incumbent desires to opt out, the Publisher shall place informational postings on bulletin boards for a minimum of five days.

Section 8.  The minimum wage rates established herein are minimum only.  Individual merit may be acknowledged by increase above minimums.  The Guild reserves the right to bargain individual merit increases.  The Publisher shall inform the Guild of all merit increases granted.

Section 9.  Employees paid above top minimums shall maintain the same dollar differential above the new top minimums when minimums are increased.

ARTICLE 3

Hours and Overtime

Section 1. The following conditions shall apply:

(A)  Effective with the signing of the contract the five-day or five-night 37 ½ hour week shall obtain.

 Effective January 1, 2013 the five-day or five-night 40 hour week shall obtain.

(B)  Effective with the signing of the contract the working day shall consist of seven and one half (7 ½) consecutive hours, with the exception of lunch periods changing to eight (8) consecutive hours January 1, 2013.  Effective with the signing of the contract the Publisher shall compensate for overtime beyond seven and one half (7 ½) hours in one day, five days or five nights, a week, or 37 ½ hours in one week changing to 8 hours / 40 hour week January 1, 2013, at the rate of time-and one-half in cash

(C)  Effective with the signing of the contract in all future references, it is understood that shift means a seven and one half (7 ½) hour day changing to eight (8) hours effective January 1, 2013.

(D)  The normal work week for the Accounting Department shall be Monday through Friday.

Section 2.  The Publisher shall post a schedule of permanent working hours and days off.  No change shall be made without an employee's consent unless two (2) weeks’ notice has been given. Work outside of properly posted scheduled hours shall be at overtime.

Section 3.  Employees called back to work within seven (7) hours shall be guaranteed at least four hours' pay at time-and-one-half.

(A)  Any employee who works any part of an overtime shift on a scheduled day off shall be guaranteed at least four hours of overtime.

Section 4.  If agreed to by the employee and his or her manager, an employee may be assigned work on a cumulative week basis without overtime charges until work time of 37 ½  hours has been reached in any one week effective with the signing of the contract and 40 hours effective January 1, 2013. Upon completion of the assignment or by choice of the employee or the manager, the employee shall resume working their posted schedule of regularworking hours.

(A) Staff people may be sent on out-of-town assignments on a cumulative week basis without overtime charges until after total travel and work time of 37 ½  hours has been reached in any one week effective with the signing of the contract and 40 hours effective January 1, 2013. Upon return of staff people from out-of-town assignments, they shall resume working their posted schedule of permanent working hours.

Section 5.  The Publisher shall cause a record of overtime to be  kept and will make such records available to the Guild upon request.

Section 6. (A) The Publisher may designate a number of positions for work shifts consisting of a four- day, 37 ½ -hour week effective with the signing of the contract and 40 hours effective January 1, 2013, which may consist of a cumulative or set schedule as agreed to by the Publisher and the Guild, and which may include work on both the daily and Sunday editions and may include up to a twelve (12)-hour shift. Such shifts in a given classification shall be posted when created or changed, and shall be filled by seniority as provided for in Art. 3, Sec. 2 and Art. 15, Sec. 3. Employees working a four-day schedule shall be given three consecutive days off.  Editors and reporters currently working designated shifts shall be grandfathered under the terms of attached Memorandum of Agreement titled “Sunday News Staff.”

(B) During a week in which a paid holiday occurs, other than Jan. 1 or Dec. 25, employees assigned to a four-day schedule shall work a three-day, 30-hour week determined by the Publisher’s needs effective with the signing of the contract and 32 hours effective January 1, 2013. Employees whose four-day week requires them to work Jan. 1 or Dec. 25, or if said holidays occur on a Saturday for those whose five-day schedule regularly requires Saturday work, shall be paid as follows: thirty (30) hours of regular pay effective with the signing of the contract and thirty-two (32) hours effective January 1, 2013 and seven and one half (7 ½ ) hours effective with the signing of the contract and eight (8) hours effective January 1, 2013at time-and-one-half, and an additional shift off at a date mutually agreed to by the employee and his/her supervisor. Should one of the above holidays fall on a day on which the employee would regularly work more than seven and one half (7 ½ ) hours effective with the signing of the contract and eight (8) hours effective January 1, 2013, the first seven and one half (7 ½ ) hours effective with the signing of the contract and eight (8) hours effective January 1, 2013hours of said shift shall be paid at time-and-one-half, with subsequent hours paid at straight time.

Section 7.  It is agreed that all individuals covered in this agreement will record their hours of work for each week electronically on computers.

ARTICLE 4

Vacations

Section 1.  (A) Employees hired prior to June 20, 2007 shall be entitled to one (1) week's annual vacation after six (6) months; two (2) weeks after one (1) year; three (3) weeks and two (2) days after five (5) years; four (4) weeks and two (2) days after eight (8) years; five (5) weeks and two (2) days after fifteen (15) years, and five (5) weeks and three (3) days after twenty (20) years' service.  Employees in their twenty-fifth (25^th) year of service shall be entitled to a bonus sixth (6th) week's vacation, which shall be repeated in the thirtieth (30th) year and on each subsequent five-year anniversary (35th, 40th, 45th years, etc.) so that in those anniversary years they shall receive a total of six (6) weeks vacation instead of five (5) weeks and three (3) days. These vacations shall be with full pay.

The foregoing vacation entitlements shall be earned in each calendar year on the following basis:

(1) One day's vacation shall be earned for each nine (9) work days when such employee's length of service entitles him or her to five weeks and three days' annual vacation.

(2) One day's vacation shall be earned for each ten (10) work days when such employee's length of service entitles him or her to five weeks and two days' annual vacation.

(3) One day's vacation shall be earned for each twelve (12) work days when such employee's length of service entitles him or her to four weeks and two days’ annual vacation.

(4) One day's vacation shall be earned for each fifteen (15) work days when such employee's length of service entitles him or her to three weeks and two days’ annual vacation.

(5) One day's vacation shall be earned for each twenty-six (26) work days when such employee's length of service entitles him or her to two weeks’ annual vacation.

B.     Employees hired June 20, 2007 or after shall be entitled to vacations as follows:

Those who have completed one (1) or more years of service, shall be given two (2) weeks vacation.

Those who have completed five (5) years of service prior to December 31, shall be given three (3) weeks vacation.

Those who have completed fifteen (15) years of service prior to December 31, shall be given four (4) weeks and one (1) day vacation.

The foregoing vacation entitlements shall be earned in each calendar year on the following basis:

(1) One day's vacation shall be earned for each twelve (12) work days when such employee's length of service entitles him or her to four weeks and one day annual vacation.

(2) One day's vacation shall be earned for each sixteen (16) work days when such employee's length of service entitles him or her to three weeks annual vacation.

(3) One day's vacation shall be earned for each twenty-five (25) work days when such employee's length of service entitles him or her to two weeks annual vacation.

Section 2.  Upon termination of employment, employees shall be paid for all vacation time earned in the current or prior years but not taken through the date of termination. 

Section 3.  Vacations shall be granted on the basis of seniority in service to the Publisher, according to the following conditions:

For vacations to be taken during the period January through April inclusive, employees shall make their choices no later than the previous December 1.  The departmental vacation lists shall be posted by the Publisher, not later than December 10.  For vacations to be taken during the period May through December inclusive, employees shall make their choices no later than March 1.  The departmental lists shall be posted by the Publisher no later than March 10.

Vacation requests for available time made after each posting date for the periods specified above shall be granted by the Publisher in the order in which they are received.

Scheduled vacation times on the posted vacation lists which become available after the posting dates shall be made available to employees on the basis of seniority.

Employees entitled to more than four (4) weeks of earned vacation time, exclusive of any vacation time carried over from the previous year, shall not be entitled to take the additional time between May 15 and October 31 unless the Publisher determines that the additional time taken during that period will not impair the efficient production of the newspaper.  In the event the scheduling of some, but not all, of the additional posted vacation time be granted without impairment of production, the scheduling of additional time within the period of May 15 to October 31 shall be based on seniority subject to the terms set forth herein.

Section 4.  It shall be the duty of individuals concerned to notify their Department Heads by November 1 that they have earned, unused vacation time and whether they desire to carry over part or all of that vacation time to the following year.  If the Department Head agrees, part or all of the vacation time earned but unused may be carried over to the following year.  Any vacation time earned, but unused and not carried over, shall be scheduled by an employee to be taken prior to December 31.  If the Publisher's staff needs prohibit the employee from taking vacation time between November 1 and December 31, said employee shall be paid double time for each day of vacation left to him or her on December 31, which has not been scheduled to be carried over.  Such payment shall be made on the first pay day after January 1.

ARTICLE 5

Holidays

Section 1.  January 1, Presidents’ Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be recognized holidays, and all employees shall be given leave on those days without loss of pay.

Section  2.  In all weeks wherein one of these holidays falls, the work week shall be four days or nights, not including the holiday.  An employee may elect to work five shifts in a holiday week whenever work is available and take his or her holiday at a time agreeable to himself/herself and the Publisher.  All work performed on holiday eves or holidays specified in Section 1 shall be paid for at time-and-one-half.  Regularly scheduled full-time employees who work a holiday shift shall receive in addition to the time-and-one-half rate, an additional shift off with pay at a date mutually agreed upon by the employee and his/her supervisor.  The eve of the holiday shall be the holiday for night workers.

Section 3.  Whenever employees are on vacation during a week in which occurs one of the holidays specified in Section 1, such employees shall be given an extra day off immediately preceding or immediately following their vacation period, or may elect to take their holiday at a time agreeable to themselves and the Publisher.

When employees are on a day/night off when one of the holidays specified in Section 1 above occurs, such employees shall be given an extra day off during the same week or may elect to take such day off at a time agreeable to themselves and the Publisher.

Days off accrued under this Section and prior to Thanksgiving must be taken before the end of the calendar year unless the employee and the Publisher agree part or all of the time due may be carried over to the following year.

ARTICLE 6

Severance Pay

Section 1.  Upon termination of employment for any reason except gross neglect of duty, gross misconduct while on duty, failure to maintain membership in the Guild or voluntary termination of an employee employed after December 31, 1992, with less than five years of continuous service, an employee shall receive cash severance pay equal

to one week's pay for each six (6) months of service up to fifty (50) weeks' pay or $50,000 whichever is less.  Such pay is to be computed at the highest rate of salary regularly received by the employee during his/her service with the Publisher or with any subsidiary, predecessor, related or parent company of the Publisher paid in eighteen (18) equal monthly installments.

Section 2.  In no event may payment of all or any part of an employee’s severance pay be deferred beyond the second anniversary of the date of his or her termination.  If a former employee dies before he or she has received the total severance pay to which he or she is entitled, the Publisher shall at once pay to the employee’s designated beneficiary or estate a lump sum equal to the amount of severance pay still due.

Section 3. If an employee dies, the Publisher shall pay his or  her beneficiary, or estate, if no beneficiary has been designated, an amount equal to the amount of severance pay to which the employee would have been entitled upon termination of employment, such payment to be not less than ten (10) weeks severance pay.

Section 4. In the event an employee elects to retire, he or she may not return to the Company's employ except at the Company's option. In such event, he or she shall be classified as a new employee.

Section 5. If a former employee is re-employed by the Publisher, his or her former pay and prior service shall be disregarded in computing any further severance pay due.  Such future severance pay shall not exceed the lifetime maximum, stated in Section 1 above, less the

number of weeks' pay previously received as severance. If any installments of severance pay for prior service is still due when re-employed, they shall continue to be paid in accordance with Section 2 above.

(Per MOA dated 2/25/09 – Severance Freeze – as of February 28, 2009 remains in effect during the life of the contract.)

ARTICLE 7

Sick Leave

Section 1. Any full-time employee who has been employed for at least six (6) months shall be eligible to receive their regular day/night earnings during absence due to illness or injury for a period of up to thirty (30) days in each payroll year less vacations and holidays.  An employee who has been out sick may be required to furnish a health care provider’s statement indicating both the diagnosis and prognosis for the illness and may be required to provide a Fitness for Duty certification before returning to work after sick leave.  The employee may also be required to undergo a medical examination by the Publisher-selected physician, at the Publisher’s expense, to verify the disability or to determine the employee’s ability to return to work.  An employee shall not accrue vacation when out on sick leave after thirty (30)days of sick leave. Sick leave shall not be carried over to the following year. Employees terminating employment with, or who is terminated by, the Publisher shall not be compensated for remaining sick time.

SHORT TERM DISABILITY – Whenever it appears likely that the thirty (30) day sick leave benefit may be exceeded, the eligible employee may apply for short term disability to be paid at a rate of fifty percent (50%) of their regular day/night earnings for a period of up to twenty (20) weeks.  There will be a seven (7) day waiting period before short term disability becomes effective which shall be taken as vacation, holiday, or personal time the employee has accrued or if there is no paid time off available as leave without pay. 

The Publisher shall make every effort to provide light duty when available for no longer than three (3) weeks.  Light duty may consist of reduced hours and/or limited task assignments and is at the discretion of the Publisher.  Employees unable to return to full-time work after the end of the twenty (20) week period will be deemed to have resigned.  At the Publisher’s discretion, exceptions may be made.

The Publisher shall continue to make the usual contributions toward health, dental and life insurance premiums, if any,as well as pension during the sick leave and short term disability period.  An employee remains financially responsible for payroll deductions such as voluntary insurance premiums and other deductions. Procedures, eligibility, claims and administration of the short term disability plan shall be subject to the conditions of the insurance carrier. 

(C) LONG TERM DISABILITY – Any eligible full-time employee found, by medical experts satisfactory to the Publisher and/or the insurance carrier, to be disabled will be entitled to disability leave pay at sixty (60) percent of the employee's net straight-time earnings. The sixty (60) percent of straight-time earnings shall be subject to deduction of any Social Security, Worker's Compensation, or retirement benefits applicable to disability.  Procedures, eligibility, claims and administration of the long term disability plan shall be subject to the conditions of the insurance carrier. 

(D) WORKERS COMPENSATION – If an employee receives workers’ compensation benefits for lost wages, the employee shall notify the Publisher. Sick leave will be used to supplement any such payment an employee is eligible to receive.  The combination of any such workers’ compensation benefits and sick leave benefits cannot exceed the employee’s regular straight time weekly earnings.

Section 2.  No deductions shall be made for sick leaves for overtime credited or to be credited to an employee.  The sole exception shall be that employees who are absent from their work due to illness, for part of one day, report for duty and complete a day's work, shall not be entitled to overtime compensation for that day unless a full shift has been completed.

Section 3.  All employees within the Guild’s jurisdiction and who are regularly employed full-time for six months shall be eligible to participate in the high deductible health plan (HDHP), in-network and out-of network coverage, as provided by the Publisher for themselves and their eligible family members.

The medical plan shall provide the coverage set forth in the Medical Plan Summary or comparable coverage.

 Subject to changes in the law, the Publisher shall provide a health savings account (HSA) for eligible employees to which they can make contributions towards the plan deductible. 

The annual plan deductible for in-network coverage shall be as follows:

                                                                          Single            Family

(a)    The annual plan deductible for out-of-network coverage shall be as follows: 

It shall be the responsibility of the individual employee to notify the Human Resources Department promptly of any change in his or her marital status.  Failure to do so within thirty (30) days of theevent will result in the employee being billed for claims.

The Publisher will provide Delta Dental coverage or comparable coverage for those employees (and their families if they have family health insurance coverage) who are covered by group health insurance coverage described above in this section.

(A)  The Company shall provide health insurance as outlined elsewhere in this section for employees with at least twenty (20) years of service who retire between ages sixty-two (62) and sixty-five (65); and who elect coverage under COBRA; at a fifty percent (50%) discount from the COBRA-established rates for eighteen (18) months.

Section 4.  The present arrangement for group life insurance for each regular full time employee shall continue in effect, with premiums paid by the Publisher for a thirty thousand dollar ($30,000) policy for each eligible employee.

Section 5.  It is understood that employees will make reasonable efforts to schedule non-emergency medical (including dental) appointments during non-working time.  When such appointments cannot be so scheduled, they shall constitute sick leave.

Section 6.  The Publisher shall provide for a premium conversion plan under Section 125 of the Internal Revenue Code for employee contributions to health/dental premiums; to a DECAP plan; to a MEDCAP plan and a 401-K plan whose sole contributions will be employee compensation elective deferral contributions.

Section 7.  The Publisher shall provide for an Employee Assistance Program (EAP).  The EAP policy shall be made available to all members and shall be posted by the Publisher on Company bulletin boards as set forth in the documents submitted to the Guild on May 2, 2007.  If the program discontinues or changes the terms of the EAP during the term of this agreement, the Company will either continue that EAP or provide another available EAP that is most comparable in its terms.

ARTICLE 8

Expenses

Section 1.  The Publisher shall pay all legitimate expenses incurred by employees in the service of the Publisher, and shall compensate for the use of an automobile in the service of the Publisher as follows:

The mileage rate is the current IRS standard to be reimbursed by check.  Future adjustments shall match adjustments in the IRS standard.  All persons regularly using personal cars shall receive a basic fifteen dollars ($15.00) per week as a minimum guarantee, this basic payment to be included in the sum of mileage payment earned in any week. The list of those receiving this mileage guarantee shall be approved jointly by the representatives of Management and the Guild.

Section 2.  Necessary working equipment shall be provided to employees and paid for by the Publisher.

Section 3. If an employee is proceeded against under law as a result of his or her assigned duties as a news or advertising person, except in the case of an employee who acts in reckless disregard of the truth, the Publisher shall meet all reasonable fees and expenses of

legal counsel selected by the employee. The Publisher shall have the discretion to determine that the first three law firms selected by the employee are unsatisfactory, but the fourth selection shall be accepted unless a legal or ethical conflict exists.  The Publisher

also shall indemnify such employee against loss due to fines or damages which may be assessed against him or her, and against loss of pay at the employee's regular straight time salary.

ARTICLE 9

Outside Activities

Section 1.  Employees shall be permitted to undertake on their own time any outside activities or work of a non-competitive nature (competition to include work for local radio stations), provided that the employees in such work do not use the name of the Union Leader Corporation or any of its publications without permission of the Publisher or his or her representatives, in order to exploit their outside work.

ARTICLE 10

National Emergency

Section 1.  Any employee who has left the employment of the Publisher to enter military service of the United States Government, for which he or she may be drafted, or who enters such service hereafter, shall be considered an employee on leave of absence, and on release from such service, shall resume his or her  former  position, or a comparable one, at the current salary for his or her experience rating.

(A)  An employee who volunteers for military service shall be deemed to have resigned his or her position with the Publisher and shall not be subject to the terms of this Article unless he or she is avaiable for return to the Publisher's employ within 90 days after completing

not more than five (5) years of federal service, except that this will not apply to volunteers who are held in federal service for more than five (5) years due to declaration of national emergency or war.

Section 2.  Time spent in such service shall be considered service time with the Publisher in computing severance pay, length of vacations and all other benefits which depend in whole or in part upon length of service with the Publisher, except experience rating.

Section 3. If any employee, upon return from such federal service is found to be physically incapacitated to the extent that he or she is unable to resume his or her former employment, the Publisher shall make all efforts to place him or her in other acceptable employment and shall consult with the Guild thereon. If such other employment is not found, the employee shall receive his or her severance pay.  If an employee dies while in such service, the amount of his or her severance pay shall be paid to his or her beneficiary or estate.

Section 4.  Application for resumption of employment must be made within 90 days after termination of such federal service, plus travel time from Separation Center of Place of Employment.

Section 5.  An employee promoted to take the place of one entering such service may, upon the resumption of employment by such employee, be returned to his or her former position and salary, but at no less than the current minimum for that position. An employee so promoted and while such promotion is temporary, shall continue to receive credit for his or her employment in the experience rating in which he or she is classified. In the event of a subsequent permanent change in employment, and consequent change of classification, the employee shall receive full credit in his or her experience rating in such new classification for the period in which he or she already had been engaged in such new classification.

Section 6.  An employee hired as a replacement for one entering federal service shall be covered by all the provisions of this Agreement, except by this Military Service Clause, and except that such replacement employee, on entering federal service himself or herself, shall be construed to be a dismissed employee and shall be given accumulated severance pay and pro-rata vacation pay.

Section 7.  It shall be the responsibility of the Publisher to inform temporary employees before they are hired that they are being hired on a temporary basis for the duration of the absence of employees who have entered federal service.  Such notification is to be made in

writing with a copy furnished to the Guild.

Section 8.  An employee hired as a replacement for one entering federal service shall be given preference over any new employee in filling a vacancy other than one caused by an employee entering federal service.

Section 9.  Leaves of Absence shall be granted to employees for service with the National Guard, the Army, Navy, Marine Corps, Air Force or Coast Guard Reserve.

Section 10.  The Publisher will compensate the difference in pay for those who lose money in salary by serving on active duty for training with the National Guard, Army Reserves, or any other Military Unit. However, this will not apply to a reservist who elects to accept active duty without pay, or in excess of two (2) weeks in any calendar year, or if he or she is forced to accept active duty as a penalty of absenteeism at regular drills.

ARTICLE 11

Security

Section 1.  There shall be no dismissals as a result of putting this Agreement into effect.  There shall be no dismissals except for just and sufficient cause.

Section 2. There shall be no discrimination against any employee because of his or her membership or activity in the Guild, nor because of marital status, sex, age, race, creed, color, national origin or irrelevant handicap.  The Publisher shall hire employees without regard to marital status, sex, age, race, creed, color, national origin or irrelevant handicap.

Section 3. The Guild and the employee shall be notified in writing at least two weeks in advance of any dismissal with the reason for dismissal stated in such notice, except in cases covered by Section 3-A of this Article.  The Publisher reserves the right to give a discharged employee two (2) weeks' pay in lieu of advance notice of discharge.

(A)  New employees shall be given a six month trial by the Publisher, who may discharge said employee any time within that period.

Section 4.  In a general reduction in force encompassing more than 10% of the employees in more than one department, covered by this Agreement the Publisher and the Guild shall confer before implementation of the reduction.  Such reduction shall not be made unless economically necessary to insure an efficient operation.

(A)  In the event of any reduction in the number of employees in a department, such reduction shall be made in inverse order of seniority in the job classification affected, and the  persons so dismissed shall be put on a list to be rehired, and shall be rehired in order of

seniority before any new employees are hired.  Persons so dismissed and placed on a rehiring list shall be removed from such list unless rehired within five (5) years of dismissal, or upon his or her refusal to accept rehire into the classification in which he or she was employed at the time of dismissal.  An employee who is subject to dismissal under these terms, at his or her option may take a position for which he or she is qualified in a lower-paid classification, provided the employee he or she displaces does not have equal or higher total years of service with the Publisher.

Section 5.  Seniority means length of continuous employment in departments covered by this contract.  Employment shall be deemed continuous unless interrupted by (a) dismissal for just and sufficient cause, (b) resignation, (c) transfer to employment in a department not covered by this contract, or (d) refusal to accept an offer for rehire into the classification in which the employee worked when dismissed.

Section 6.  (A) The Guild shall be given four (4) months’ notice of the Company’s intent to introduce new processes or equipment that would create or eliminate jobs, or significantly alter the content of existing job classifications.

The Company welcomes the Guild’s input in process/equipment selection, safety, and use. The Company recognizes its obligation to provide employees with proper training when new or improved technologies are introduced; the Guild recognizes that all employees are obligated to adapt to such technological change.

(B) The parties agree to two full-day negotiating sessions to determine the pay rate of any job that has been altered by the introduction of new processes or equipment, such sessions to occur prior to the end of the four (4) months notice period set forth in Section (A) hereof. If agreement cannot be reached, the matter shall be submitted directly to expedited arbitration in accordance with rules currently in effect.

An arbitrator shall set the pay rate (either higher or lower) based on a comparison to similar jobs in the bargaining unit. No arbitrator shall consider or have the right to rule on whether a job shall be eliminated.

(C) The Company will make a good-faith effort to find a suitable job, at a similar rate of pay, for an employee displaced under this section. Any employee whose job is eliminated under this section shall be treated as a laid-off employee under Article 11, Section 4(A), except that if the classification is eliminated the person laid off will be given first consideration after current unit employees for openings in other classifications.

ARTICLE 12

Leaves of Absence

Section 1.  Upon request, the Publisher shall grant leave of absence for good and sufficient cause, which has and will continue to include maternity leave.  Such leave shall not serve to cancel previously accumulated credits toward severance pay, vacations, experience ratings, and other benefits of this Agreement. The company is not required to provide continuance of benefits beyond six (6) months.

In accordance with past practice, the Publisher shall make every reasonable effort to accommodate employee requests for time off within a shift where unanticipated, unplanned emergency events prevent scheduling time off.  Any question regarding the allowance of time off for such events shall be immediately directed to the Human Resources Director or her appointee.

Such emergency leave will be deducted from paid vacation/personal time or may, with the Publisher’s approval, be made up or be considered unpaid leave.

Section 2.  In the event an employee is elected or appointed to any TNG or AFL-CIO office, or an office of a Local of The Newspaper Guild, such employee shall be given Leave of Absence if he or she so requests, and shall be reinstated in the same job upon expiration of such leave or leaves.  Should such leave exceed two years, the vacated position will be posted.  In such instances, the employee on leave shall notify the Publisher at the end of the leave of his/her intent to return to work.  At that time the Publisher shall place the employee’s name on the rehiring list cited in Article 11, Section 4(A) and the employee shall be given the next available job in his/her former classification in keeping with the application of the rehiring list.  The cap imposed on length of time allowed on rehiring list under Article 11, Section 4(A), however, shall not apply.  During said leave of absence, including time spent on  the rehire list, the Publisher shall continue the employee on the health insurance, including all riders, life insurance and pension plan, provided the employee insures that the cost of such benefits are paid to the Company on a timely basis.  Such leaves shall not serve to cancel previously accumulated credits toward severance pay, vacations, experience rating and other benefits of this Agreement.  Time spent in such leaves shall not be counted in computing credits toward severance pay, vacations, experience rating and other benefits of this Agreement.

Section 3.  Delegates elected to The Newspaper Guild or AFL-CIO conferences or conventions, both Local and National, and delegates called to special meetings of the AFL-CIO or The Newspaper Guild, or any of its branches, shall be granted leaves of absence on request without any loss of any rights, privileges or benefits. Whenever possible, a two week notice to the Publisher shall be given.

ARTICLE 13

Standing Committee

Grievance and Arbitration Procedures

Section 1.  The Guild shall designate a committee of its own choosing to take up with the Publisher or the Publisher's Authorized Agent any matters arising from the application of this Agreement or affecting the relations between the employees and the Publisher.  Nothing in this article is meant to discourage the direct discussion of work issues and questions that may arise between an employee and his or her supervisor.

Section 2.  It is agreed that any grievance settlement shall be limited to one (1) year of retroactivity from the date of discovery. 

If a grievance arises, it shall be processed in the following manner.

Step 1 – Verbal notice to Department Manager / Department Head.  The Guild may first notify a Department Manager/Department Head of a grievance.  The Department Manager/Department Head has to respond in a timely fashion.

A grievance that affects the Bargaining Unit in general or a policy/practice that applies to numerous similarly situated employees may be submitted in writing directly to Step 2.

Step 2 – Written notice to representative of the Publisher.  If the grievance is not settled, the Guild may submit the grievance to the representative of the Publisher in writing, stating the facts that gave rise to the grievance and the remedy sought.  The parties shall meet within thirty (30) days to discuss the grievance. 

If the grievance is not settled within 30 days from said meeting, the Guild may submit the grievance to Arbitration.

Section 3.  The Guild may notify the Publisher of its intent to submit the question to arbitration, such arbitration not to actually be initiated until fifteen (15) days after notification of intent by the Guild. The Arbitrator shall be selected by mutual agreement of both parties and the Arbitrator’s decision shall be final and binding.  In the event that both parties are unable to agree on an Arbitrator, he or she shall be designated by the American Arbitration Association.  The cost of Arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.  If the Guild chooses not to submit a grievance for arbitration to the American Arbitration Association within thirty (30)days after the conclusion of Step 2 above, that grievance is considered resolved.  The Guild’s decision not to pursue the grievance shall not constitute a precedent for any future case of the same or similar nature.

Section 4.  All time limits in this grievance and arbitration procedure are of the essence and may be waived only in writing signed by authorized representatives of the Publisher and the Guild. 

Section  5. The arbitration provision, contained  in this  Agreement, is hereby specifically made subject to provisions of all  federal and state law.

ARTICLE 14

Guild Membership

Section 1.  The Publisher shall require as a condition of employment of any employee that he or she be and remain a member of the Guild in good standing during the term of his or her employment or pay an agency fee in accordance with law.  If any employee is not a Guild Member at the time of his or her acceptance of employment, he or she shall become a member of the Guild no later than thirty (30) days following his or her becoming an employee of the Publisher or no later than thirty (30) days following the date of signature of this Agreement, whichever is later or if the employee chooses not to join the union, pays an agency fee in accordance with law.

Section 2.  The Guild agrees that it will admit to membership and retain in membership any employee, subject to the Constitution and By-Laws of The Newspaper Guild.

Section 3. With respect to information described in Article 14, Section 3 (A) and (B), the Publisher will provide that information, which the Publisher has available electronically and which can feasibly be transferred to a floppy disk, to the Guild on adiskin the ASCII format.  This will be in addition to the hard copy of such information.

(A)  The Publisher shall supply the Guild on request with a list containing the  following information for all employees on the payroll:

1.      Name,  sex, address, telephone number, social security number, and date of birth.

2.      Date of hiring.

3.      Classification.

4.      Experience rating and experience anniversary.

5.      Salary, including a description of commission or bonus arrangements.

(B) The Publisher shall notify the Guild monthly in writing of:

1.      All merit increases granted by name of employee, individual amount, resulting new salary and effective date.

2.      Step-up increases paid by name of employee, individual amount, resulting new salary and effective date.

3.      Changes in classification, any slary changes by reason thereof, and effective date.

4.      Resignations, retirements, deaths, and other revisions in the data listed in Section 3-A and effective dates.

(C)  Within one week after the hiring of a new employee the Publisher shall furnish the Guild in writing with the data specified in Section 3-A for such new employee.

(D) New and Changed Classifications: The Publisher is to notify the Guild and parties affected, and will attempt to reach prior agreement in appropriate classifications and pay scales when new jobs are created or present jobs are substantially changed.  If the parties are unable to agree, the appropriate classification and pay scale shall be determined by the Publisher subject to the right of the Guild to submit such issues to the grievance and arbitration provisions of this Agreement.  If the final disposition of any such grievance

results in a higher pay scale, such higher scale shall be paid retroactive to the date when the employee was assigned to the new or changed classification.

(E) There shall be no interference or attempt to interfere with the operation of the Guild.

Section 4. (A) Upon an employee's written consent, the Publisher shall deduct from the earnings of such employee and pay to the Guild, not later than the 15th day of each month, all Guild membership dues. Such membership dues shall be deducted from the employee's earnings in accordance with a schedule furnished the Publisher by the Guild. Such schedule may be amended by the Guild at any time.  An employee's voluntary written assignment shall remain effective in accordance with the terms of such assignment.

(B) The Dues Deduction Assignment shall be made upon the following form:

ASSIGNMENT AND AUTHORIZATION

 TO DEDUCT MEMBERSHIP DUES TO:

UNION LEADER CORPORATION

I hereby assign to The Newspaper Guild of Manchester, and authorize the Publisher to deduct from any salary earned by this employee, an amount equal to all my Guild membership dues, as certified by the Treasurer of The Newspaper Guild of Manchester, for each calendar month following the day of this Agreement.

I further authorize and request the Publisher to remit the amount deducted to The Newspaper Guild of Manchester not later than the 25th day of that month.

This Assignment and Authorization shall remain in effect until revoked by me, but shall be irrevocable for a period of one year from the date appearing below or until the termination of the collective bargaining agreement between yourself and the Guild, whichever comes

sooner.  I further agree and direct that this  Assignment shall be, irrevocable for successive periods of one year each, or for the period of each succeeding applicable Collective Agreement between the Publisher and the Guild, whichever period shall be shorter, unless

written notice of this revocation is given by me to the Publisher and to the Guild by registered mail, not more than  thirty (30) days and not less than fifteen (15) days prior to the expiration of each period of one year or each applicable Collective Agreement between the Publisher and the Guild, whichever occurs sooner.  Such notice of revocation shall become effective for the  calendar month in which the Publisher received it.

This Assignment and Authorization supersedes all previous Assignments and Authorizations heretofore given by me in relation to my Guild dues.

Employee's Signature _____________________            Date _____________________

ARTICLE 15

Transfers and Promotions

Section 1.  No employee shall be transferred by the Publisher to work in another classification, department, city or territory whether in the same enterprise or in another enterprise conducted by the Publisher, or by a subsidiary related to the parent company of the Publisher, without the employee’s consent, except as noted in the last sentence of this section.  An employee shall not be penalized for refusing to accept such a transfer.  In the event a transfer to another city or territory is agreed upon, the Publisher shall pay all transportation and moving expenses of the employee and his or her family in connection therewith, and there shall be no reduction in salary or impairment of other benefits under this agreement as a result of such transfer.  Notwithstanding the foregoing, the Publisher shall have the right to transfer employees between the Concord Bureau and Manchester.

Section 2.  If a vacancy occurs in any department, it shall be filled within 90 days.  Notification of intent whether or not to fill shall be given to the Guild within 45 days.  Such period is subject to change upon agreement of the parties.

Section 3.  Employees with the greater length of service shall be given the opportunity of working the most desirable weekly schedule on the same shift, whenever there is a choice from among several employees in the same classification to cover more than one schedule involving the same type of work.

Section 4.  It is the policy of the Publisher to promote from within.  When an opening occurs, the Guild shall be notified.  A description of the position shall be posted on bulletin boards.  Suggested minimum qualifications will be included in the posting, without restricting the Publisher’s good faith review of any applicant in Article 15, Section 4(A).

Employees desiring to fill a vacancy either by transfer or promotion shall submit written application within five days of such posting.

Present full time employees, including News Bureau personnel, shall be given first opportunity to fill vacancies in their classification on other shifts (i.e. day, night, Sunday).  Part-time employees shall be given first consideration for tryouts for vacancies in their classification on the same or other shifts.

Present employees shall receive first consideration for tryouts for vacancies in other classifications within their department, subject to the prior operation of the rehiring list (Article 11, Section 4A).

(A)  The Publisher shall make a good faith effort in reviewing all candidates.  The Publisher shall consult with the Guild during this review process.  Candidates may include a Guild representative during any interviews if they so desire.  Each candidate and the Guild shall be informed in writing no later than a week after a decision has been made on an application.

If, in the Publisher’s judgment, two or more applicants who are substantially the same in competence and ability merit a tryout, the senior employee shall be given the first tryout.

Article 13, Section 2, is applicable only to whether a good faith review of the job candidates was made by the Publisher.  The sole authority of an arbitrator shall be to determine whether the Publisher made a good faith review and to order a new review.

(B)  In the event the vacancy is not filled from the department in which the vacancy occurs, employees from other departments covered by this Agreement shall be given the opportunity to qualify therefore on the same terms and conditions as set forth in the preceding paragraphs.

Section 5.  Employees moved to a new classification shall be given a wage adjustment to attain the salary for their new classification.  The Publisher shall make a good faith review of an employee’s job performance in his or her new classification.  In the event of an employee being returned to a former classification, the Publisher shall present reasons in writing to the employee and to the Guild at least two weeks before the change in status takes effect.  An employee so moved shall be placed at the salary they would have been entitled to if they had never been advanced.  Article 13, Section 2, is applicable only to whether a good faith review was made by the Publisher of the employee.  The sole authority of an arbitrator shall be to determine whether the Publisher made a good faith review and to order a new review.  With two weeks’ notice, an employee may elect to return to the classification from which he or she came within three (3) months without penalty or prejudice.

After three months’ duty in a classification (such period may be extended upon mutual agreement between the Publisher and the Guild) the classification becomes permanent and may not be reversed except in the case of replacements for employees who have entered federal service under the provision of Article 10 - National Emergency.

Section 6. Employees promoted to a position outside the unit may elect to return or may be returned by the Publisher to their former classification during the first three (3) months of such promotion and shall be covered by Article XI, Section 1 during such period.

Section 7. No employee shall be promoted without his or her consent or shall in any way be penalized for refusing to accept a promotion.

Section 8.  In order that office messengers and clerks in the departments covered by this Agreement may be considered for promotions when an opening occurs, it is agreed that they may, one at a time, in rotation, in their respective departments, be permitted, if agreeable to the employee involved, to do work normally assigned to higher classifications, providing that no more than fifty (50) per cent of their time, for a period of three (3) months be spent in such training.  It is further agreed that those trainees be paid during such training period at not less than one year scale of their category, and that they will not be assigned on a permanent basis to do work normally assigned to persons working in the higher classifications.

ARTICLE 16

Miscellaneous

Section 1.  The Publisher agrees to provide for bulletin boards suitably placed for the use of the Guild.

Section 2.  News events and assignments of news coverage within the Guild jurisdiction of Manchester, Concord, Laconia and the Manchester Airport, shall be confined to staff members.  The Publisher retains the right to continue to use school stringers in the normal course of operation and/or events and assignments which they have covered before.  Subject to Article 16, Sections 3 and 6, the Publisher shall not use school stringers work to usurp Guild jurisdiction.  The Guild reserves the right of objection to use of those correspondents when, in the judgment of the Standing Committee the reputation of the department is suffering unduly.  The Publisher retains the right to use freelancers to do opinion pieces and reviews including cartoons.

Section 3.  Not more than fifteen (15) per cent of employees in any department covered by this Agreement shall have less than two (2) years' experience, excepting part-time workers.  This may be modified by mutual agreement in emergencies.

Section 4.  There shall be no speed-up.  No employee shall be required to handle more than a normal load of work.

Section 5.  The Publisher retains the right to use the reporting or photographic work of independent correspondents outside the Guild jurisdiction of Manchester, Concord, Laconia and Manchester Airport, also including coverage of events outside of that jurisdiction that the independent correspondents have covered before.  Such work may include supplemental information for local stories obtained from any location.

Subject to Article 16, Sections 3 and 6, the Publisher shall not use correspondent work to usurp Guild jurisdiction.

Section 6.  When a single story or photograph which is the product of any employee’s work is sold by the Publisher to any other enterprise, the Publisher shall compensate said employee for such use at a rate of 30% of any fee received.

An employee shall have the right to refuse permission for the use of his or her name in the byline  of a  story  or  in  the credit line of a photograph or a piece of art.

Section 7.  Management agrees that no  employee  shall suffer  loss of pay through Jury Service.

Section  8.   Employees,  except those on sick leave, shall be  allowed not more than three (3) scheduled working days off with pay  on the death of a mother or father, step-parent, guardian, mother-in-law or father-in-law, sister or  brother,  wife, husband or child, step-child, grandparents or grandchildren, spousal equivalent or live-in companion.  One (1) scheduled working day with pay shall be allowed  for death of sister-in-law or brother-in-law or spouse's grandparents.

Section 9.   Legal Separability - The remainder of this contract will be in full force and effect if any provision is found  to be in violation of state or federal laws.

Section 101. The company will provide and maintain uniforms for janitors.

ARTICLE 17

Hazardous Conditions

Section  1.   No  employee shall be ordered to accept any assignment or job which the Publisher knows to be of an extra hazardous nature in the physical sense.

On any assignment or job, when an employee encounters extra hazardous conditions which he or she believes to be present and a genuine threat to his or her physical safety, he or she shall notify  the Publisher or the Publisher's  agent immediately for further instructions.

ARTICLE 18

Training and Education

Section 1.   When employees desire to attend training or educational courses during their normal working hours, to improve their skills in their classification, they shall request the Publisher's permission to attend such courses, and

(A)  If the Publisher agrees to grant such request, the Publisher shall pay such expenses as may be agreed upon by the Publisher and said employees, and

(B)  If such request is granted by the Publisher, the employees shall be entitled to straight time pay for each shift they would have worked normally during the scheduled training or educational course period, so that the employee is guaranteed no loss of pay during the normal work week involved.  No overtime will be paid  to such employees during their absence from their job during the training or educational course period, including travel time.

(C) Employees wishing on their own time to learn skills outside their classification and deemed by the Publisher to be beneficial to the company may apply in advance for partial or full reimbursement. Reimbursement is at the Publisher’s discretion.

ARTICLE 19

Pension Plan

Section 1.  Effective on the first pay week after the signing of this Agreement, the contribution to The Newspaper Guild International Pension Fund shall be an amount equal to .00835 times the top minimum wage for the Senior Reporter classification set forth in Article 2, Section 1 but in no case no lower than $963.36.  Such payment shall be made per shift with a limit of five shifts per week for each eligible employee.

ARTICLE 20

No Strike / No Lockout

Section  1.  The Guild agrees there shall be no strike, sympathy strike or other withholding of services by the Guild or any bargaining unit member during the term of this Agreement.  The Guild shall not authorize or sanction such a strike.  The Publisher agrees there shall be no lockout of Guild members during the term of the agreement.  The term includes the period covered by Article 21, Section 2. 

ARTICLE 21

Duration and Renewal

Section 1.  This Agreement shall be effective January 1, 2012 through December 31, 2013, and shall inure to the benefit of and be binding upon the successor and assigns of the Publisher.

Section 2.  Any time between September 1, 2013 and September 15, 2013 the Publisher and the Guild shall initiate negotiations for a new Agreement to take effect January 1, 2014.  The terms and conditions shall remain in full force and effect until a new Agreement is reached or an impasse is reached in accordance with the law, whichever is earlier.   

_________________________________      ______________________________

Joseph W. McQuaid, President/Publisher       Norman Welsh

Union Leader Corporation                              Manchester Newspaper Guild #31167          

Dated:  __________________________                              

The following side letter to the contract, lettered Attachment A, was agreed upon by the parties during the negotiations for the collective bargaining agreement effective January 1, 1992, through December 31, 1994, and is reaffirmed for the collective bargaining agreement effective January 1, 1995 through December 31, 1998.

ATTACHMENT A

1992-1994 Contract

During the course of these negotiations, the following were discussed and will remain in effect during the term of this agreement:

1.      “Provisions of side letters between the Publisher and the Guild are in effect as long as the collective bargaining agreement remains in effect and such provisions will automatically be renewed for succeeding collective bargaining agreements unless the side letter specifically provides otherwise or unless they are revised or deleted in the bargaining process.”

2.      We agreed on the following side letter regarding Telemarketing:

1.      Telemarketing Salesperson commissions on signed contracts: 9% of net billings for the first six months of each contract (4.5% after six months) distributed to each telemarketer on a monthly basis.

2.      Telemarketing Supervisor Commissions:  Same as telemarketing salesperson (plus 1% of net billings) for the first six months of each contract only for all business written by telemarketing salespeople, paid on a monthly basis.

3.      Transient Sales.  The foregoing shall not apply to Transient Sales.  Effective 1/1/92, The Publisher will pay 4.5% commissions for all Transient Sales (net billings).

4.      This side letter is subject to the letter of Agreement between the parties dated November 18, 1988.

5.      It is understood that Article II, Section 4 (G) dealing with higher classification work, applies to the telemarketing classifications.  Telemarketing employees shall not be used where, in effect, they eliminate or displace a person in another classification.

___(Signature On File)_______                                 ____(Signature On File)___

Joseph W. McQuaid, General Manager                      James R. Schaufenbil, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated:  December 30, 1994                                        Dated:  December 30, 1994

The following side letters to the contract, lettered Attachment B through Attachment L were agreed upon by the parties during the negotiations for the collective bargaining agreement effective January 1, 1999 through December 31, 2002

ATTACHMENT B

Part Time Employees

As discussed by the Union and the Company at its Negotiations Session on May 18, 1994, and June 2, 1994:  New part-time employees working regularly at least 20 hours per week shall be entitled to the holiday pay and the life insurance beginning in the first year of employment.  The minutes of the May 18, 1994, and June 2, 1994, negotiations shall be a part of this side agreement.

_______(Signature On File)___________                ______(Signature On File)_______

Joseph W. McQuaid, General Manager                      James R. Schaufenbil, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated:  December 30, 1994                                        Dated:  December 30, 1994

ATTACHMENT C

Premium Positions

(Article 2, Section 7)

As discussed by the Union and the Company at its negotiations session on May 18, 1994, and June 2, 1994:

1. Present incumbents in Article 2, Section 7 positions, which were formerly listed in Article 2, Sections 7 and 9, are “grandfathered” in those positions and shall not be removed from them unless they successfully bid for another position, or they voluntarily agree to be moved to another position.

If a present incumbent described above vacates a Section 7 position during the life of this Contract (ending Dec. 31, 1998), and he or she shall continue to receive the differential for the life of their employment at the Union Leader Corp.  This differential shall be frozen at the January 1, 1995, rate.

1. The Publisher has the right to designate, with two weeks’ notice, who will hold the premium position. The following premium positions will work the shift hours commensurate with their duties regardless of seniority-ranking within their classification: Assistant Night Editor, Sunday City Editor, Chief Sports Editor, Derry Editor, Special Editions Editor, Design Editor.
2. If a vacancy occurs or a future incumbent opts out of or is removed from a premium pay position, the Publisher shall first consider as a replacement someone from within the same classification.  If no one suitable is found, the Publisher shall consider replacement from elsewhere within the unit.
3. There shall be no layoffs as a result of changes made in these premium pay positions.

The minutes of the May 18, 1994, and June 2, 1994, negotiations shall be a part of this side agreement.

_________(signature on file)________                     ____(signature on file)____________

Joseph W. McQuaid, President/Publisher                   Norman Welsh, President

Union Leader Corporation                                          Manchester Newspaper Guild #31167

Dated:  June 20, 2007                        

ATTACHMENT D

Health Insurance

1.      The health insurance described in Article 7, Section 3, is defined as the terms and conditions currently in effect, as outlined in the Medical Plan Summary and in the document reviewed by the Company and the Guild during these negotiations, except as noted elsewhere in this side agreement.

2.  There will be a one million five hundred thousand dollar ($1,500,000) lifetime cap on medical insurance, with each eligible employee starting at zero effective July 29, 2004. 

3.  The Vision plan will provide for employee and dependent coverage as follows:  Eye exam every 24 months.  Reimbursement toward purchase of a pair of lenses, contact lenses or frames every 24 months.

Eye Exam: 90% to $75 calendar year maximum

Frames: 100% to $25 calendar year maximum

Lenses: 100% to $150 calendar year maximum

Contacts: 100% to $100 calendar year maximum

4.  Employees who opt out of insurance coverage and who are covered by the Memorandum of Agreements dated February 17, 1983, and September 20, 1984, both dealing with the introduction of Video Display Terminals and eye care coverage, shall continue to be covered with eye care insurance with the Company self-insuring through reimbursement.

__________________________________    ____________________________________

Sharon Ciechon                                               Norman Welsh

Vice President, Human Resources                  President, T.N.G.  #31167

                    Date:  March 2, 2010

ATTACHMENT E

Transfers and Promotions

1.      The present incumbents assigned to the Concord Bureau shall be grandfathered.  Employees transferred between Concord and Manchester shall be reimbursed for any increase in round drip mileage between home and work it is greater than such mileage prior to the transfer.

2.      The suggested minimum qualifications for any position shall be based upon the previous job postings for each classification.  Any changes or additions shall be discussed in full between the Publisher and the Guild before posting.

3.      During the tryout period, the Publisher shall conduct reviews with the incumbent at least monthly and the incumbent maintains the right to have a Guild representative present.

4.      Good faith review of candidates as to whether they are given a tryout will be based upon the candidate’s past job performance, job potential, competence and ability, and other job-related consideration, and the like, and will not be based upon the candidate’s union activity, or any permitted outside activity, and the like.  Good faith reviews of the tryout period will be based solely on the applicant’s job performance during the tryout period.

5.      All reporters and copy editors who are full time employees at the effective start date of this contract, along with the following named part-time reporters, are exempt from the Section 4, Paragraph 4 “first consideration” requirement as it relates to the new position of senior reporter, which will and shall include the 1 p.m. Reporter’s shift.  Instead, said reporters/copy editors will be given first opportunity to fill vacancies in the senior reporter classification during their continued employment by the Union Leader Corp.  Specified part-timers:  John Hussey, Mark Labore, Joseph Sullivan, Patricia Fahey.  Any reporters’ positions created for days, Sunday News, or the two Bureaus under the current hours of operation shall be in the senior reporter classification.  For the purpose of layoffs under Article 11, Section 4, employees in the Reporter and Senior Reporter classifications as of January 1, 1995, will be considered to be in the same classification, so that those Reporters who have seniority over Senior Reporters will be allowed to “bump” into the Senior Reporter classification to avoid layoff.

6.      Part-time reporters working regularly 20 hours or more weekly are exempt from Section 4, Paragraph 3’s “first consideration” for full time positions in their classifications.  They are subject to the good faith review during a three-month tryout period.

______(Signature On File)__________                     ____(Signature On File)_____

Joseph W. McQuaid, General Manager                      James R. Schaufenbil, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated:  December 30, 1994                                        Dated:  December 30, 1994

ATTACHMENT G

Job Sharing Agreement

The Guild and the Company agree that during the term of this present Agreement, the parties may experiment with Job-Sharing in accordance with the following conditions.  This experiment shall be without precedental value, and shall be without prejudice to the parties or the employees in the future.  The intent of this agreement is to allow two people to share one full-time job.

1.      The agreement must be agreed to by the Guild, The Company, and each employee.

2.      Any of the parties may revoke the agreement with at least one month notice to all of the parties.

3.      Each employee shall work on the days and hours scheduled and agreed to by the parties.

4.      Wages are based on hours worked in accordance with the Collective Bargaining Agreement.

5.      The Company or the Guild shall not be compelled to find a job sharing partner for any member or employee.

6.      In the case where two regular full-time staff members want to share a job, the Company may hire a temporary employee to fill the full-time job during the experimental period, and such temporary employee will be notified at least one month in advance of any job sharing changes that could result in the return of full-time employees to their original jobs.

7.      The Company will pay the equivalent of 100 percent of one employee’s benefits.

_____(Signature On File)_________                         __(Signature On File)_______

Joseph W. McQuaid, General Manager                      James R. Schaufenbil, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated:  December 30, 1994                                        Dated:  December 30, 1994

Attachment H

Sick Leave

            In furtherance of the Guild’s pledge to protect the sick leave policy, it is agreed that the Publisher may, at her option, bring to the Guild’s attention specific cases of suspected policy abuse. In such cases, the Guild agrees to the following, which becomes part of the record of meetings between the Union and Company.  This record would become part of the personnel record only if the Company takes disciplinary action against the employee.

            1. The Guild shall meet with the individual as soon as possible to discuss the Publisher’s concerns and to report back to the company with any and all facts, findings, and recommendations.

            2. At the Publisher’s or the Guild’s request or recommendation, the parties shall meet jointly with the individual to present any further facts and recommendations.

            3. Should the Publisher deem it necessary to take disciplinary action, the Guild retains all rights under Article 13.

_____(Signature On File)___________                     _______(Signature On File)____

Joseph W. McQuaid, General Manager                      John M. Whitson, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated: December 30, 1998                                         Dated:  December 30, 1998

Attachment I

            (On Manning, Scanning, and Digital Planning)

            This attachment takes the place of MOA’s dated 5/17/96 and 12/22/97.

             1. The parties agree that the cropping and sizing of AP Color will continue to be done by Editors covered under Guild jurisdiction. Photographs sent via Sun Sparc or other transfer device will be sharpened and toned by the Color Center (Platemaking) to provide quality output. The parties agree that Editors retain the right to view and request changes in the Color Room in accordance with past practice.

            2. The parties agree that scanning of color negatives for the purpose of viewing, selecting, cropping and sizing by the editors will continue to be done by the Photo Lab. Scanning of color negatives for purposes of toning and sharpening for page output only will be done by the Color Center. The Photo Lab may scan in color slides in emergency situations when it is not feasible for the Color Center to do so. At such times, the Photo Lab will scan, crop and size such slides while the toning and sharpening will be done by the Color Center, without relinquishing Guild jurisdiction. Photographers and photo technicians may view the images in the Color Center to insure content and color authenticity. Scanning and manipulation of any negative or slide for black and white use will continue to be done by the Photo Lab. Photo print orders remain within Guild jurisdiction.

            3. The parties agree that if the full-time status of the third of three Photo Lab technicians cannot be maintained, the Guild retains the right to reactivate its grievance (dated 12/27/98) pertaining only to color negatives, with the parties retaining their respective positions and this agreement becomes invalid as it regards color negatives.

            4. The parties agree that any change in technology in the Photo Lab involving scanner or digital imaging will be negotiated in accordance with Article 11, Section 6A of the collective bargaining agreement. The Guild in no way waives its rights to claims that any and all aspects of digital photography including photographing, processing and manipulation of images are Guild jurisdiction.

            5. Without precedent or prejudice to the contract or to Item 4 above, the parties agree to immediately proceed with an experimental introduction of digital photography to the newspaper. Such experiment will be supervised by the Chief Photo Lab Technician, who will recommend its limit and duration and who shall have sole authority to terminate it.

            6. This agreement is without precedent or prejudice and cannot be used in any arbitration or hearings, except as is needed to enforce this agreement under Article 13 of the collective bargaining agreement.

______(Signature On File)__________                     ______(Signature On File )____

Joseph W. McQuaid, General Manager                      John M. Whitson, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated: December 30, 1998                                         Dated: December 30, 1998

ATTACHMENT J

Joint Committee on Technology

Within 30 days of signing, the Guild and the Company agree to form a Joint Committee on Technology Information consisting of two (2) Guild members and two (2) management members or designees with the following understanding.

1.      Its purpose is to conduct periodic discussions and share information regarding technology changes. The Company, working through the Joint Technology Committee, shall strive to ensure all VDT’s throughout Guild-covered departments are maintained in proper working order.

2.      This committee is non-binding and shall have no authority except as it relates to VDT inspection and maintenance.

3.      Discussions  cannot be used in anyway to hinder the introduction of new processes under Article 11, Section 6.

4.      This committee is an experiment and to be reviewed in two (2) years.

_____(Signature On File)_________                         _____(Signature On File)_____

Joseph W. McQuaid, General Manager                      John M. Whitson, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated:  December 30, 1998                                        Dated:  December 30, 1998

ATTACHMENT K

Telecommuting Pilot Program

The Company and the Guild agree that during the term of this present Agreement, the parties may experiment with Telecommuting as an alternative work arrangement for qualifying employees, for one or more days a week, in accordance with the conditions outlined below.  This experiment shall be without precedental value, and shall be without prejudice to the parties or the employees in the future.  The intent of this agreement is to allow employees in those classifications which are amenable to a telecommuting arrangement to test it on a trail basis.

In order for an employee to be able to work in a telecommuting situation, the arrangement must first be approved in advance by the Company and the Guild.  The individual work arrangement must be reduced to writing between the employee and supervisor and must fulfill these requirements:

1.      The arrangement must be agreed to by the Guild, the Company and the employee.

2.      Any of the parties may revoke the agreement with at least two weeks notice.  The two week notice may be waived upon mutual consent of all the parties.  The Company agrees to work with employees on a case-by-case basis to resolve problems when the two week notice would create hardship for the employee.

Wages and Hours of Work

3.  Wages are based on hours worked in accordance with the collective Bargaining  Agreement, with the following provisions:

a.  Whenever possible, specific work hours on specific days shall be the norm.  For example 9 a.m. to 4 p.m., Monday through Wednesday.

b.  For the purposes of this telecommuting agreement only, the following changes be made to Article 3, Hours and Overtime:

1.  To section 1, paragraph b, the working day shall consist of seven hours, which may be split between the workplace and the telecommuting site when convenient to the employee and with approval of the Company;

2.  Work beyond seven hours in a day, be they consecutive or staggered, will, if such work is performed for the convenience of the employee, be paid in straight comp time off, agreeable in advance to the employee and supervisor. (I.e., an employee seeks to telecommute for four hours during a calendar day before or after working a regular seven-hour shift so that he/she might be absent from the workplace for personal reasons for an equivalent period during a regular shift.)  Such arrangements must include only such work as would have normally been performed during the time the employee would have been in-plant and must be completed within the current week.

3.  Work performed beyond seven hours in a calendar day, be they consecutive or staggered, will, if such work is performed for the convenience of the company (i.e., an employee asked to work what normally would be overtime), shall be paid at the rate of time-and-one-half in cash as provided in the Collective Bargaining Agreement.

4.  Overtime must be scheduled and authorized in advance by a supervisor.  Travel time between an employee’s home and regular work location is non-compensated, even if the employee reports to the regular work location on a day scheduled for telecommuting.

c.  In no case may a telecommuting arrangement be made or continued if it would unduly impede newspaper production.

Computer Equipment and Security

4.  For the purposes of this Telecommuting Agreement only, Article 8, Section 2 of the current Collective Bargaining Agreement shall be superseded as follows:

a.  An employee who enters into an acceptable telecommuting arrangement shall be responsible for providing the necessary hardware to work off site, including a PC, modem, and any necessary phone line or ISP deemed necessary to complete the arrangement.

b.  Expenses, (i.e., maintenance, repair, insurance) are employee’s responsibility.

1.  Reimbursable expenses shall include

·         Business telephone calls

·         Basic office supplies such as paper, pens, fax and computer paper.

2.  Non-reimbursable expenses shall include:

·         Any costs related to remodeling and furnishing the home work space.

·         Commuting expenses between telecommuting location and regular company work location.

·         Household expenses (i.e., heating and electricity.)

c.  Any software deemed necessary to the arrangement, including any writing or editing software, any virus protection software or any special software used to connect to Company hardware, shall be the responsibility of the Company.

d.  If the Company makes specific equipment available to an employee, it must be identified. For example, a laptop computer with serial number, etc.

e.  Software, which is not owned or licensed, may not be run if Company data resides on remote computer or computer accesses a Company network.

f.  All Company information and network connections must be secured and proprietary information, regardless of form, safeguarded.

g.  Employees will not allow unauthorized access to the Company’s computers via their own equipment.

Accountability and Connectivity

5.  Time card provision. Telecommuting employees will continue to keep track of time worked according to current practice.

            In Addition:

a)      The exact physical location of the workplace of the employee must be provided to the Company.  For example, not only the address of the employee, but the location within that address that the employee will be working.

b)      The employee must provide the exact phone number that will be used by the employee, which can be accessed at will during working hours by the supervisor.  In addition, if practical and available, electronic messaging must be enabled as an acceptable alternative so that supervisors and employees can communicate at will.

c)      Any requirement that the employee must attend meetings at the regular place of employment must be included in the written agreement.  For example, a weekly meeting for one hour beginning at 9 a.m. every Tuesday.

d)     Upon mutual agreement of all the parties, some work may be performed when the employee either is on unpaid leave, paid disability or other paid time (vacation, etc.)  The employee agrees to keep track of such time worked and such time

e)      The employee agrees to establish work practices that make the telecommuting arrangement transparent to customers (i.e. ensures customers are not inconvenienced in their dealing with the employee or Company).

Safety, Accidents and Other Liability

6.  The employee agrees to set up a dedicated home work area that is safe for the employee and others entering it, and agrees to a safety inspection of said area by a Company and Guild representative.

a)      Workers’ Compensation:  Workers’ Compensation liability for illness and job related injuries and eligibility for Accidental Disability Benefits continues during the approved telecommuting work schedule and in the employee’s home work area.  Accidents must be reported.

b)      Accidents of Others:  The Company is not responsibility for any injuries to family members, visitors and others in the employee’s home.  Telecommuting employees who permit third parties to enter their home work areas should consider carrying insurance that covers third-party injuries arising out of or relating to the use of the home under a telecommuting policy, and should consult their personal insurance carriers for advice.

c)      The employee is responsible for determining federal, state and local tax implications resulting from working from home and satisfy their personal tax obligations.

d)     The employee is responsible for complying with applicable state and local zoning ordinances.

7.  The specific period of time of the telecommuting arrangement must be limited to a specific duration.  The arrangement could only be renewed in writing for a similar period, or less.

____(signature on file)____________                        ______(signature on file)_______

Joseph W. McQuaid, General Manager                      John M. Whitson, President

Union Leader Corporation                                          Manchester Newspaper Guild #167

Dated: December 30, 1998                                         Dated:  December 30, 1998

Attachment L

Web Sites

The Union Leader Corporation (the Publisher) and the Manchester Newspaper Guild #167 (the Guild) agree that The Union Leader/Sunday News Internet webpage, i.e., http://www.theunionleader.com is an electronic extension of the newspapers for the purposes of this agreement.  This memorandum of agreement will become attachment L to the collective bargaining agreement.

The parties agree that the stories written, photos taken and artwork produced on the webpage will be considered Guild jurisdiction in accordance with Article 1 of the collective bargaining agreement, with work being produced by Guild Members in their appropriate classifications.  It is further agreed that any extension of the webpage work, as in advertising, circulation, data processing and accounting will be handled by members of the Guild as such work now applies to the printed newspaper.  The Publisher reserves the right to contract with outside specialists for any programming and design work on the website whenever desirable or deemed necessary and to have the website hosted off site and internet access provided by an independent contractor.  The Publisher reserves the right to own, operate or have links to or from other websites or on-line operations, e.g. “Newhampshire.com”, which are not electronic extensions of the newspapers.  Such links shall not be used to substitute for nor displace Guild work in the Publisher’s newspaper or newspaper webpage.

Should the Publisher choose to host its newspaper website in-house or to establish any on-line departments or classifications, the parties agree to enter into immediate negotiations with the Guild reserving all rights and claims for jurisdiction.

____(signature on file)___________                        _____(signature on file__________

Joseph W. McQuaid                                                   John Whitson

President/Publisher                                                     President

Union Leader Corporation                                          TNG #31167

Dated:  May 19, 1999                                                 Dated:  May 19, 1999

ATTACHMENT M

Smoking Policy

The smoking of any tobacco product and the use of smokeless or “spit” tobacco is not permitted within the facilities, on the property of, whether or not inside a privately owned vehicle or in the vehicles owned by the Union Leader at any time except in two (2) designated outside smoking areas.  This policy applies to all Union Leader facilities, owned or leased, regardless of location. 

The Publisher will provide two outside smoking area, their location to be determined by the Publisher.

The Publisher agrees to reimburse current bargaining unit members for smoking cessation programs and/or products for one year from the signing of this agreement, provided such bargaining unit members provide proof of specific expenses incurred.

____(signature on file)______________                    ____(signature on file)____________

Joseph W. McQuaid                                                   Norman Welsh

President/Publisher                                                     President

Union Leader Corporation                                          TNG #31167

Dated:  June 20, 2007            

Memorandum Of Agreement

                                                                                                Sunday News Staff

The Union Leader Corporation (hereinafter known as the Publisher) and the Manchester Newspaper Guild #31167 hereinafter known as the Guild) hereby agree to the following:

Except in the event of layoff within the unit, incumbents on the current Sunday News staff, to include copy editors Jim Adams, Dave Johnson, Nancy West, Maureen Milliken and Barbara Anderson and senior reporters Shawne Wickham and Michael Cousineau, shall be “grandfathered” in their current schedules and duties. Incumbents shall have the right to opt out of said schedules and duties provided (A) there is an opening in the same classification or another for which they are qualified; or (B) they wish to relinquish the schedule or duties and the Publisher is able to fill from within the unit. In the event of layoff within the unit, said incumbents shall be subject to the same provisions and enjoy the same rights and benefits of others in their classification as described in Art. 11, Sec. 4, as if they were not “grandfathered.”

This agreement is without precedent as to any position that may be taken by either the Company or the Guild in any other matter and this agreement shall not be referred to in any Arbitration, Unfair Labor Practice charge or other proceeding except as may be necessary to enforce this agreement.

_______________________________                      ___________________________

FOR THE PUBLISHER                                            FOR THE GUILD

Sharon Ciechon                                                           Norman Welsh

Vice President                                                             President

Human Resources                                                       T.N.G.  #31167

Date:  March 2, 2010