Contract

DENVER NEWSPAPER GUILD
AND
DENVER NEWSPAPER AGENCY

CONTRACT AND AN AGREEMENT

Preamble

This contract and agreement is made effective November 21, 2009, by and between The Denver Newspaper Agency LLC, a Delaware limited liability corporation, hereinafter known as “the Employer,” and the Denver Newspaper Guild-CWA, Local #37074, of The Newspaper Guild-CWA, AFL-CIO-CLC, hereinafter known as “the Guild” or “the Union,” for itself and on behalf of all employees of these departments:

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

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

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

1. Senior programmer analysts in the Information Technology Department.

2. Any employee in the Human Resources Department or new hires in the Payroll Department after October 7, 2007.

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

4. Any Confidential Secretaries or Administrative Assistants accepted as Exempt under either the Post or News contract.

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

ARTICLE 1
Exemptions

1. None of the provisions of this contract shall apply to the positions listed on the exempt list.

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

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

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ARTICLE 2
Jurisdiction

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

2. The Company has the right to outsource the creation of advertising and marketing materials based on the following criterion:

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

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

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

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ARTICLE 3
Dues Deduction

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

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

To: The Denver Newspaper Agency:

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

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

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

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

Employee’s
Signature
________________________________________
Department ________________________________________
Date ________________________________________

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

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

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ARTICLE 4
Hiring and Information

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

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

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

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

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

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

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ARTICLE 5
Grievance Procedure

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ARTICLE 6
Union Security

1. All employees covered by this contract who are members of the Guild on the effective date of this contract or who become members shall, as a condition of employment, maintain their membership for the duration of this agreement, except as provided below.

2. Except in the departments specified in Section 3 below, not less than fifteen (15) of every twenty (20) full-time employees hired after the date of this contract shall, as a condition of employment, as soon after their date of hire as legally permissible (30 days), become and remain members of the Guild for the duration of this agreement.

The foregoing shall also apply to part-time employees in the circulation department. In the application of Section 7 below, separate fifteen out of twenty lists shall be used for full-time and part-time employees, but no employee shall be subject to the fifteen out of twenty selection process more than once.

3. Sections 1 and 2 of this Article shall not apply to the national advertising, retail advertising, interactive, and classified outside sales departments.

4. All employees in Pre-Publishing positions shall be required to join or pay appropriate fees to the Guild and may not exercise drop-out rights under Section 9 below as long as they remain in the Pre-Publishing Department.

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

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

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

8. Interpretation of Section 2 of this Article shall be as follows:

(a)Management has the right to claim an exemption five (5) times in each twenty (20) hirings. “Hirings” includes transfers into the covered unit, but not transfers from one bargaining unit department to another.

(b) The formula applies to all hirings (transfers) under the contract. It may not be applied by departments or by classifications.

(c) The option to claim an exemption is Management’s, not the employee’s.

(d) Management’s option to claim an exemption, to be valid, must be exercised at the time of hiring, so that the employee is hired (transferred) into the bargaining unit with the condition already established that Guild membership will not be a condition of employment.

(e) Management’s decision to claim an exemption, to be valid, must be communicated to the Guild in (or no later than) management’s regular notice to the Guild of the employee’s employment (transfer).

(f) The Management option is not cumulative. It applies to hirings (transfers) in units of twenty (20). The exempted employees may be the first hired in that unit of twenty (20), the twentieth hired in that unit of twenty (20), or any intermediate hirings in that unit of twenty (20).

9. Except as described in Section 4 above, all members of the Guild, present and future, shall be free — without jeopardizing their continuing employment — to terminate their membership by sending notice of termination to the Employer and the Guild by certified mail postmarked in the periods September 15 through September 30 of each year, such termination to be effective on the last day of that month. This section, as part of the entire contract, shall serve as notice to employees. No other notice will be given or posted. The Employer agrees that it will not solicit termination of membership. However, upon ratification of this labor agreement, Section 9 of this Article, (which had been suspended under Memorandum of Agreement No. 10 until October 10, 2009), shall now be suspended until the expiration of this labor agreement on March 10, 2012, at which time this Section shall be restored.

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ARTICLE 7
Employee Security

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

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

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

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

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

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

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

(d) Reductions in force are based on continuous full-time service within a job title, except as noted in Memorandum of Agreement No. 5 (Concerning Machinists and Maintenance Mechanics) and Memorandum of Agreement No. 6 (Pre-Publishing).

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

(1) Employees hired or transferred into the affected sub-department on or after 10/8/07 are listed from least senior in the job title in the sub-department (e.g., Automotive) to most senior in the job title in the sub-department (List 1).

(2) Employees hired on or before 10/7/07 are listed from least senior in the job title in the overall Advertising department to most senior in the job title in the overall Advertising department, without regard to a specific sub-department (List 2).

(3) Dismissals in the affected sub-department are made by releasing the least senior employee first up to most senior employee on List 1 until the number of required dismissals has been achieved.

(4) If the number of required dismissals exceeds the number of employees on the sub-department seniority list (List 1), the dismissals will continue using List 2, starting with the least senior employee on List 2 until the total number of required dismissals has been achieved.

(5) If reductions in outside sales positions are announced within six (6) months of ratification of this Labor Agreement, the Employer will accept volunteers in the affected job title from all sub-departments in Advertising. After six (6) months, in future reductions the Employer may elect to accept volunteers from all sub-departments but is not required to do so.

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

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

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

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

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

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

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

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

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

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

Discontinuance of a work schedule for a single individual part-time employee shall not be construed as a dismissal to reduce the force. The Employer shall attempt to slot such part-time employee into another work schedule. All dismissals to reduce the force affect first the employee with the least amount of seniority, and the last employee so dismissed will be the first eligible for rehire. Employees on the rehiring list, when notified of vacancy availability, must accept or reject this offer within seven (7) days, unless extended by mutual agreement. A copy of the rehiring list shall be provided the Guild. New employees shall not be hired until the rehiring list has been exhausted. Notice sent by certified mail to a person on the rehiring list at the last address known to the Employer shall be deemed sufficient; a copy of such notice shall be sent to the Guild by ordinary mail.

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

(j) Seniority for full-time employees means length of continuous full-time employment, except as provided in Memorandum of Agreement No. 6 (Pre-Publishing). Seniority for part-time employees means length of continuous employment. Employment shall be deemed continuous unless interrupted by (1) dismissal for just and sufficient cause; or (2) resignation; or (3) refusal to accept an offer to rehire made according to the procedure given in paragraph

(k) above; or (4) retirement; provided that for full-time employees any period of employment for which severance pay actually has been paid and not refunded shall not be counted as employment in calculating severance which may again become due after rehire.

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

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

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

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

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

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

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

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ARTICLE 8
Supplemental Retirement Amount

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

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ARTICLE 9
Severance Pay

1. Upon involuntary layoff, full-time employees shall receive a cash severance allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twenty-six (26) weeks. Upon involuntary termination, full-time employees shall receive a cash severance allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twelve (12) weeks. Employees who, on October 7, 2007, are entitled to more than twenty-six (26) weeks’ severance pay under this Article, shall be grandfathered and will be entitled to continue to accrue severance pay up to the previous maximum of forty-four (44) weeks’ pay upon involuntary layoff or involuntary termination. However, as provided in Memorandum of Agreement No. 10 Concerning Economic Relief, these grandfathered employees shall be capped at the amount of severance pay each employee is entitled to on March 15, 2009. Severance pay is to be computed at the highest weekly rate of pay received by the employee in the previous year. The terms “seniority” and “service” include time continuously worked since current hire date by either the Denver Rocky Mountain News or The Denver Post and all time worked for the Employer.

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

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

4. In the case where an employee separates from employment because of death while employed full-time, a severance benefit shall be paid as defined in Section 1 for involuntary layoffs to a maximum of twenty-six (26) weeks. Employees who, on October 7, 2007, are entitled to more than twenty-six (26) weeks’ severance pay, shall be grandfathered and will be entitled to continue to accrue severance pay up to the previous maximum of forty-four (44) weeks’ pay. However, as provided in Memorandum of Agreement No. 10 Concerning Economic Relief, these grandfathered employees shall be capped at the amount of severance pay each employee is entitled to on March 15, 2009. The amount shall be paid in cash in a single lump sum to his or her beneficiary. The term “beneficiary” means (a) the person or persons designated by the employee in the employee’s latest written notice to the Employer; (b) if there is no designated beneficiary living, the employee’s legal spouse; (c) if neither a designated beneficiary nor the legal spouse of the employee survives the employee, the employee’s estate. Any designation of the beneficiary may be changed from time-to-time by the employee by giving written notice to the Employer.

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

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

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

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

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ARTICLE 10
Ergonomics

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

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

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

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

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

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

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

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ARTICLE 11
Pension

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

(a) DNA-Guild Employees’ Pension Plan benefit formula:
The monthly benefit will be equal to the greater of (a) $45 per year of service per month, or

(b) 1.65% times Average Final Monthly Compensation up to $1,500, plus 1% times Average Final Monthly Compensation over $1,500, the sum not to exceed $60 per year of service per month, multiplied by the number of the employee’s years of Credited Service. The parties agree that the Employer may provide enhanced retirement offers using pension fund surpluses. “Compensation” and early retirement rules are defined in the Pension Plan Document and Summary Plan Description, available in the Human Resources Department.

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

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

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

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

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

5. In addition to the DNA-Guild Employees’ Pension Plan, the Employer will make contributions to The Newspaper Guild International Pension Plan (“Guild International Plan”) for all full-time Guild-covered employees.

(a) The Employer will contribute $5.00 per week for each full-time employee to the Guild International Plan through December 31, 2007.

(b) The Employer will contribute $20.00 per week for each full-time employee to the Guild International Plan effective January 1, 2008.

(c) The Employer will contribute $30.00 per week for each full-time employee to the Guild International Plan effective January 1, 2009.

(d) The Employer will contribute $30.00 per week for each full-time employee to the Guild International Plan effective January 1, 2010.

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

(1) For full-time employees who earn less than $960 per week as of January 1, 2011 — $44.15 per week,

(2) For full-time employees earning between $960 and $1,059 per week as of January 1, 2011 — $48.50 per week,

(3) For full-time employees earning between $1,060 and $1,199 per week as of January 1, 2011 — $53.05 per week, and

(4) For full-time employees earning $1,200 per week or more as of January 1, 2011 – $57.70 per week.

(f) The Employer and the Guild agree that they will mutually explore the feasibility of merging the DNA Guild Employees’ Plan with the Guild International Plan. The Employer agrees that it will provide any actuarial information required by the Guild International Plan to evaluate the possibility of merger. Any decision to merge the two plans will require the mutual agreement of the Employer, the Guild and the Guild International Plan. If the DNA Guild Employees’ Plan is not merged with the Guild International Plan, the parties will explore means to enable Machinists formerly represented by the IAM to become vested in the Guild International Plan in the event they separate employment before vesting.

(g) Part-time employees will be eligible to become Participants in the Guild International Plan, and contributions for them will be made after it is determined they have worked a minimum of one thousand (1,000) hours in a calendar year. After they have become eligible to be Participants, contributions will be made monthly in subsequent years, except for calendar year 2007, where contributions for eligible Participants will be made in a single payment no later than February, 2008. The contribution will be pro-rated based on hours worked, and the rate of contribution will be based on the rate in effect at the time for full-time employees. No contributions will be made for part-time employees who have not yet worked one thousand (1,000) hours in a year.

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

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ARTICLE 12
Defined Contribution Plan (401(k))

The Employer shall offer a 401(k) plan to all employees covered by this contract. The Employer will match, once an employee becomes eligible, no less than 50% of the first 6% of eligible pay saved pre-tax under the Plan. However, as provided in Memorandum of Agreement No. 10 Concerning Economic Relief, subject to snap-back, the Employer match has been suspended effective March 15, 2009.

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ARTICLE 13
Transfers and Promotions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. District managers in the home delivery department and single copy sales representatives in the single copy sales department shall be notified of any vacancy in these classifications and shall be given first opportunity to transfer to such districts subject to the following:

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

(b) During this period, employees desiring to transfer from home delivery to single copy sales or vice versa shall notify their supervisor in writing of this desire. Such requests on file shall receive first consideration when openings arise. The transfer shall be accomplished by mutual agreement between the head of the department into which the employee would transfer and the applicant.

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

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

(a) Assistant district managers and assistant single copy sales representatives will be notified of vacancies occurring in weekend assignments and may request transfer if desired. If request for transfer is denied, the employee may request reasons in writing.

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

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

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

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

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

(e) Employees transferring between departments or new employees hired immediately prior to bidding shall not exercise their seniority during that bidding session, but shall be assigned to a district or single copy sales route by the department head after all bidding has been concluded. Thereafter, transferred employees shall be permitted to exercise their full-time seniority gained in the home delivery and single copy sales departments. New employees assigned to a district or single copy sales route shall not exercise their bidding rights until after they have completed one (1) year on their assigned district or single copy sales route.

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

(g) Temporary transfers between districts or territories may be made to facilitate emergency coverage and in such cases, vacancies will not be presumed to exist.

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

(i) Bidding for Home Delivery districts as provided in this section shall be subject to a moratorium of one (1) year or until consolidation of zones, districts, carrier routes and warehouses has been completed, whichever is sooner, at which time all home delivery field assignments will be opened to a citywide bid.

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ARTICLE 14
Hours of Work and Overtime

1. The four (4) day or five (5) day, forty (40) hour week shall apply to all employees, except for employees in Circulation Call Center (Customer Service Representatives and Associates) and Warehouse (Paperhandlers) (see Sections 10 and 11 of this Article).

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

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

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

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

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

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

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

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

(d) No employee shall, without his or her consent, be scheduled to work more than five (5) consecutive days without being given at least one (1) day off, or being compensated at time and one half rates for work on a sixth, and double time rate for a seventh or more consecutive days of work except as noted in Section 9(h) and Section 11(e) of this Article, and Article XXII, Part-time and Temporary Employees.

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

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

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

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

8. Consistent with the needs of the Employer, the Employer will attempt to give machinists, electricians and building maintenance mechanics fifteen (15) minute break periods before and after lunch for shifts longer than six (6) hours. For shifts six (6) hours or less, there will be one fifteen (15) minute break. The parties recognize either one or both of these breaks will not always be practical; however, such breaks will not be arbitrarily denied. Consistent with the needs of the Employer, the Employer will attempt to give electricians, machinists and building maintenance mechanics adequate time at the end of their shifts for personal cleanup time. The Employee is required to remain in the building until the scheduled end of the shift.

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

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

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

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

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

(e) The posting and selection process shall be repeated in the event a major change in operational needs requires a change in assigned shifts and days off. Major change in operational needs includes, but is not limited to, obtaining or losing a significant amount of commercial print work, a change in print schedules for current commercial work or core products, a change in staffing levels or the implementation of a new collective bargaining agreement if there are changes in the agreement that impact the production department.

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

(g) The Employer shall endeavor to schedule employees in these departments (excluding paperhandling) to at least one weekend day off each week.

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

10. Paperhandlers:

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

11. Customer Service:

(a) The regular scheduled workweek for full-time employees in Customer Service may vary between thirty-five (35) and forty (40) hours. The regular scheduled workday may vary from five (5) to ten (10) hours Monday through Friday, and four (4) hours on Saturday and Sunday. The Employer may adjust the schedule after it has been posted to avoid the payment of overtime. The Employer will work with the Employee on adjusting the schedule, but the Employer will make the final decision on any change to the Employee’s schedule. Overtime will be paid, however, if any work exceeds ten (10) hours in a day or forty (40) hours in the work week, except as limited in section 11(e) below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ARTICLE 15
Holidays

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

For purposes of holiday pay for part-time employees, Christmas will be observed on December 25, New Years Day will be observed on January 1 and the Fourth of July will be observed on July 4. Part-time employees are paid straight-time if working a holiday, otherwise they receive no pay.

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

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

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

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

6. Part-time employees shall be paid the straight-time rate for all time worked on a holiday, but for not less than four (4) hours unless a part-time employee is excused for any reason. With their consent Holiday work will be scheduled—first by accepting volunteers on the basis of seniority and thereafter by rotation—from the least senior to the most senior employee within a given department or sub-department. Differences in qualifications for the particular function or abilities demonstrably not available in other employees may be taken into consideration by the Employer in assigning holiday work.

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

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

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

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ARTICLE 16
Vacations

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

2. Eligibility for vacations shall be determined as follows:

(a) two (2) weeks’ vacation with pay after one (1) year of continuous service, one week of which may be taken after six (6) months;

(b) three (3) weeks’ vacation with pay after three (3) years’ continuous service;

(c) four (4) weeks’ vacation with pay after seven (7) years of continuous service. Employees may take vacation in increments of no less than one (1) week as it is accrued, e.g., an employee entitled to two (2) weeks’ vacation shall accrue one (1) week at the end of each six (6) months of employment.

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

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

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

(a) Employees who have between 1 and 40 hours over one year’s accrual on December 31, 2009, must reduce their carryover to one year’s accrual or less by December 31, 2010.

(b) Employees who have more than 40 hours over one year’s accrual on December 31, 2009, must reduce the amount that is over one year’s accrual by half or more by December 31, 2010, and must reduce the carryover to one year’s accrual or less by December 31, 2011.

(c) Beginning January 1, 2012, carryover from one calendar year to the next will be limited to a maximum of one year’s accrual, unless an employee’s vacation was canceled by mutual agreement at the request of management. Any carryover for this reason shall be scheduled and taken by March 31 of the following year, but will not change the carryover limit at the end of that following year.

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

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

7. An employee whose vacation time includes a recognized holiday shall receive a substitute day off with pay on a mutually agreeable date within sixty (60) days of the holiday.

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

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

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

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ARTICLE 17 A
Full-Time Sick Leave

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

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

As provided in Memorandum of Agreement No. 10 Concerning Economic Relief, in 2009, employees may use three (3) paid vacation days, if available, and up to two (2) unused floating holidays in addition to five (5) days of unused paid sick leave they have earned for 2009, up to a total of ten (10) paid days for calendar year 2009. In 2010 and subsequently, employees may use two (2) paid floating holidays for sick time in addition to their five (5) days of paid sick leave. Unused sick leave will not accumulate from one year to the next.

Sick leave may be used to cover absences caused by the illness of or injury to the employee, employee’s spouse/domestic partner or employee’s child. Illness or injury shall include doctor or dental appointments. After five consecutive days of absence because of illness of the employee, the employee (but not the employee’s spouse/domestic partner or child) is eligible to apply for sickness and accident coverage (Short-Term Disability) as provided in Article XVIII, Denver Newspaper Agency Health Plan, Section 5.

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

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

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

4. Full-time employees who have sustained an on-the-job injury shall be made whole regarding sick leave indemnity for the length of their injury, providing the employee follows the prescribed treatment of an authorized worker’s compensation provider and providing the employee has exercised reasonable prudence. Absences directly related to an on-the-job injury shall not be counted in the employee’s paid sick leave utilization record. The employee is entitled to a second opinion regarding the prognosis of an injury, but the employee must utilize a doctor recognized by the insurance carrier of the Employer.

5. Full-time employees are entitled to either full or partial salary replacement as their approved Short-Term Disability (STD) benefit for a non-work-related catastrophic illness or legitimate injuries or sickness for the length of their illness according to the provisions of Article XVIII, Denver Newspaper Agency Health Plan, Section 4, unless the employee has failed to exercise reasonable prudence and/or exceeded established use limitations.

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

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

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ARTICLE 17 B
Part-Time Sick Leave

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

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

(a) Accumulated paid sick leave may be taken in any increment of hours for any absence covered by Section 1 of this Article, up to no more than five (5) shifts per calendar year, unless the employee has a catastrophic illness as provided in Sub-Section 2 (b) below. Partial-shift sick leave absences will be counted cumulatively. Each accumulation of hours not worked because of sick leave that equals six (6) hours shall be considered as one shift absence. Accumulated paid sick leave is not redeemable upon termination of employment or transfer from the bargaining unit or transfer to a full-time position. During calendar year 2009, part-time employees may use up to three (3) additional paid days for sick leave, for a total of no more than eight (8) paid sick days, and their vacation accruals shall be reduced up to the three (3) additional paid sick days actually used. After 2009, no reduction in vacation accruals for purposes of sick leave shall be allowed.

(b) Part-time employees shall be allowed to accumulate up to 240 hours of sick leave. Accumulated sick leave may be used solely to cover catastrophic illness or legitimate injuries or sickness of an extended nature. Documentation may be required to support the extended leave. Upon implementation of the contract, part-time employees who have more than 240 hours of accumulated sick leave will be allowed to retain those hours and draw them down to a maximum of 240 hours; however, they may take no more than five (5) shifts per calendar year unless they have a catastrophic illness as described herein.

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

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

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

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

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ARTICLE 18
Denver Newspaper Agency Health Plan

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

1. Eligibility:

Full-Time Employees:

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

Part-Time Employees:

(a) Part-time employees become eligible for a medical HMO plan, Dental and Vision benefits (Dental and Vision premiums will be paid 100% by the part-time employee) when they have worked an average of 32 hours per week during a “Measurement Period” described in this paragraph. The Measurement Periods shall be: (1) October through February of the following calendar year, and (2) April through August. To maintain coverage under these benefits, the employee must continue to be paid an average of 32 hours per week in each Measurement Period. The Benefits Department will review the hours worked for each of the Measurement Periods and will notify the employee during March and September if he or she is no longer eligible, or becomes eligible, for benefits during the Measurement Period that has just concluded.

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

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

2. Premium share:

(a) Medical coverage: The Employer shall make Medical premium share contributions for enrolled full-time and part-time employees as follows:

Employee Only 78%
Employee+Child(ren) 74%
Employee+Spouse 70%
Employee+Family 70%

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

(1) As provided in Memorandum of Agreement No. 10 Concerning Economic Relief, the Employer’s contribution for Dental Insurance shall not be less than 50% for full-time employees. Eligible part-time employees will pay 100 percent of the dental premium.

(2) Employees shall pay the full cost of the Vision plan.

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

3. Life and AD&D Insurance:

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

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

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

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

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

4. Disability:

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Flexible Spending Accounts:

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

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

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

6. Open Enrollment:

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

7. Benefits At Retirement:

Early retirement between ages of 55-64:

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

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

Normal retirement at age 65 or older:

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

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

Employees not electing to continue medical coverage through the Employer’s medical plans at the time of retirement will not be eligible to elect medical coverage at a later date. Continuation of other benefits for which retirees are eligible will be offered through COBRA.

8. Wellness Program:

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

9. Benefits Plan Design:

The Employer and the Union(s) agree that from January 1, 2008, through December 31, 2009, the Employer shall provide three (3) medical plans – a CIGNA Co-Insurance Plan, a Kaiser HMO Plan, and a PacifiCare HMO Plan. The benefits provided under these plans during these two years may be changed only (1) if the insurance providers no longer offer certain identified benefit components in plans filed with the Colorado Division of Insurance or (2) by mutual agreement of the Employer and the Union(s).

The Employer will continue to offer the MetLife Dental Plan or a dental plan with no lesser benefits through December 31, 2009.

(a) Effective January 1, 2010, the Employer will select all benefit plans (medical, dental and other plans) and all benefits components provided in those plans (e.g., co-insurance amounts or percentages, as well as deductibles and out-of-pocket employee costs) that constitute the design of these plans. Any changes in plans or plan design will be reasonable.

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

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

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

(c) After October 7, 2007, the Union(s) will negotiate share of premium for benefits but will not negotiate the benefit providers selected or the benefit plan design or components.

11. Plan document:

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

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ARTICLE 19
Other Benefits

1. Parking/Transportation Benefit:

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

2. Adoption Assistance:

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

3. Employee Assistance Program (“EAP”):

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

4. Tuition Reimbursement:

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

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

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

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

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

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

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

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

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

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

5. Training:

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

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

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

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

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ARTICLE 20
Leaves of Absence
(Unpaid Leaves, Funeral Leave, Child Care,
Jury Duty, On-the-Job Injuries,
Disability, Family Emergencies)

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

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

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

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

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

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

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

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

6. An employee who is unable to work for an indefinite, prolonged period because of an on-the-job injury and has exhausted the benefits provided in Article XVIIA, Section 5, Full-time Sick Leave shall be granted unpaid leave of absence in order to maintain inactive employment status until able to return to work, or until the employee has reached maximum medical improvement (MMI) and is still unable to return to work.

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

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

(1) is not a violation of another collective bargaining agreement;

(2) does not displace any Guild-covered employee;

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

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

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

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

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ARTICLE 21
Military Service

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

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

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

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

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

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

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

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

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

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ARTICLE 22
Part-Time and Temporary Employees

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

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

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

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

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

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

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

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

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

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

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

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

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ARTICLE 23
Wages

1. Negotiated increases to the wage scales shall be as follows:

Operations and Production Positions
1. Paperhandler

Paperhandler

Start

6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon
10/07/07 607 689 793 878
10/05/08 607 689 793 878
03/15/09 569 646 739 819
11/22/09 550 627 720 800
Wage is not subject to “snap back” agreement.

3. Maintenance Mechanics

Building Maintenance Mechanic

Start

2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 671 713 807 979 1007 1082
10/05/08 677 720 815 988 1017 1093
03/15/09 635 675 760 914 941 1011

4. Machinist

Machinist (includes former production maintenance mechanics)

Start

2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 671 713 807 979 1007 1108
10/05/08 677 720 815 988 1017 1119
03/15/09 635 675 760 914 941 1035

5. Electrical and Electronic  Maintenance I

Electrician I

4th Yr. 5th Yr. 6th Yr.
10/07/08 895 949 1134
10/05/08 904 959 1146
03/15/09 843 894 1060

6. Electrical and Electronic Maintenance II

Electrician II

4th Yr. 5th Yr. 6th Yr.
10/07/08 1021 1093 1170
10/05/08 1031 1104 1181
03/15/09 954 1021 1092

7. Electrical and Electronic Maintenance III

Electrician III

5th Yr. 6th Yr.
10/07/08 1238 1319
10/05/08 1251 1332
03/15/09 1157 1232

Administrative, Business Office, Finance Positions
9. Administrative Aide VI

Junior Clerk, Intermediate Typist Clerk, Intermediate Clerk I, Data Entry Clerk, Mailroom Clerk

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon
10/07/07 457 493 524 569 600
10/05/08 461 498 529 574 606
03/15/09 432 467 496 538 568

10. Administrative Aide V

Intermediate Clerk II-Retention, Paperchecker Assistant (PT)

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon
10/07/07 509 547 583 641
10/05/08 514 553 589 648
03/15/09 482 518 552 608

11. Administrative Aide IV

Advertising Receptionist, Dispatch Clerk, Lead Clerk, Classified Advertising Clerk/Secretary, Classified Auto/Recruitment Advertising Clerk, Classified Real Estate Advertising Clerk

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 526 576 618 642 664
10/05/08 531 581 624 649 670
03/15/09 498 545 585 608 628

12. Administrative Aide III

Advertising Accounting Senior Clerk, Purchasing Department Senior Clerk, CIS System Clerk, Credit Clerk Assistant, Circulation Administration Clerk, Circulation Data Clerk, Multilith Operator, Information Services Telephone Systems Assistant, NIE Clerk, Circulation Single Copy Clerk, Operations Production Maintenance Clerk, Shipping & Receiving Clerk, State Circulation Data Clerk

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 562 603 652 672 705
10/05/08 567 609 659 678 712
03/15/09 532 571 618 636 668

13. Administrative Aide II
Senior Clerk, Circulation Marketing Clerk, NIE Coordinator, Production Maintenance Clerk
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon 48  Mon
10/07/07 580 619 659 703 750
10/05/08 586 625 665 710 758
03/15/09 549 586 623 666 711

14A. Administrative Aide I (A)

Assistant Dispatch Supervisor, Secretary, Transient Collector, Billing System Coordinator, Circulation Metro Home Delivery Clerk, Circulation Promotions Clerk/Secretary, Circulation Single Copy Clerk/Secretary, State Circulation Clerk/Secretary

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 606 648 689 733 783
10/05/08 612 655 696 741 791
03/15/09 574 614 653 695 738

14 B. Administrative Aide I (B)

Senior Accounting Clerk, Accounts Payable Clerk, Circulation Accounting Clerk, Payroll Clerk

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 640 689 733 787 832
10/05/08 647 696 741 795 841
03/15/09 607 653 695 741 784

14C. Administrative Aide I (C)

Adv. Accounting Clerk, Circ. Sales & Marketing Coordinator, Payroll Specialist, Buyer, Adv. Customer Service Rep, Principal Clerk, Research Assist., Brand Assistant, Customer Service Credit Clerk, Commercial Collector, Sr. Research Analyst, Promotions/Community Relations Assist., Research/Marketing Analyst, Marketing Data Specialist

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon* 42  Mon
10/07/07 680 732 783 824 880
10/05/08 687 740 791 832 889
03/15/09 644 694 738 776 829

14D. Administrative Aide I (D)

Systems Coordinator

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon* 42  Mon
10/07/07 764 818 869 924 985
10/05/08 771 826 877 933 995
03/15/09 719 770 818 870 920

Information Services Positions

16. Computer Operator

Computer Operator

Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 606 648 689 733 783
10/05/08 612 655 696 741 791
03/15/09 574 614 653 695 738

Circulation Positions

19. PBX Operator
PBX Operator
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon 48  Mon
10/07/07 526 554 596 639 676
10/05/08 531 560 602 646 682
03/15/09 498 525 564 606 639

25. Customer Service Associate Part Time 
Customer Service Associate
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon* 42  Mon 48  Mon
10/07/07 478 520 557 672 703
10/05/08 483 525 562 678 710
03/15/09 453 492 527 636 666
11/22/09 449 488 523 632 662
* Wage scale is not subject to snapback agreement unless outsourcing occurs. See Memorandum #11

26. Inside Circulation Support
Circulation Customer Service Billing Specialist, Circulation OPU Clerk, Circulation OPU Vendor Clerk
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon* 42  Mon 48  Mon
10/07/07 562 603 652 672 703
10/05/08 567 609 659 678 710
03/15/09 532 571 618 636 666

26A. Customer Service Representative Full Time
Circulation Customer Service Representative
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon 48  Mon
10/07/07 562 603 652 672 703
10/05/08 567 609 659 678 710
03/15/09 532 571 618 636 666
11/22/09 528 567 614 632 662
* Wage scale is not subject to snapback agreement unless outsourcing occurs. See Memorandum #11

27. Circulation Customer Service Coordinator 
Circulation Customer Service Coordinator
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon
10/07/07 680 719 745 795
10/05/08 687 726 753 803
03/15/09 644 681 706 749

28. District Manager
District Manager
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 741 818 904 1015 1212
10/05/08 749 826 913 1025 1224
03/15/09 702 770 851 948 1132

29A. Single Copy Sales Representative
Single Copy Sales Representative*
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42  Mon
10/07/07 692 753 816 871 940
10/05/08 699 761 824 879 950
03/15/09 655 713 768 820 886

29B. Single Copy Sales Representative
Single Copy Sales Representative*

* See Memorandum of Agreement No. 3 for list of names to whom this classification applies.


30. Assistant Circulation Representatives
Assistant District Manager, Assistant Single Copy Sales Representative
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon
10/07/07 663 690 741 772
10/05/08 669 697 749 779
03/15/09 627 653 702 726

31. Street Circulator and Single Copy Returns Handler
Single Copy Returns Handler, Street Circulator*
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon
10/07/07 609 645 673 845
10/05/08 615 652 679 854
03/15/09 577 611 637 796

* See Memorandum of Agreement No. 2


32. Vending Machine Mechanic
Vending Machine Mechanic
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon
10/07/07 663 690 741 772
10/05/08 669 697 749 779
03/15/09 627 653 702 726

Advertising, Marketing and Pre-Publishing Positions

33. Classified Advertising Sales Specialist
Sales Specialist
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon 48 Mon
10/07/07 528 571 601 644 664
10/05/08 534 576 607 651 670
03/15/09 501 540 569 610 628

33B. Front Counter Cash Clerk
Front Counter Cash Clerk
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon 48 Mon
10/07/07 580 626 661 713 736
10/05/08 586 632 668 720 743
03/15/09 549 593 626 675 697

34. Classified Advertising Contract Sales
Inside Account Executive
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon
10/07/07 606 648 689 733 783
10/05/08 612 655 696 741 791
03/15/09 574 614 653 695 742

36. Sales Assistant (Former Senior Sales Clerk)
Sales Assistant
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon
10/07/07 606 648 689 733 783
10/05/08 612 655 696 741 791
03/15/09 574 614 653 695 738

*But see memorandum of Agreement No. 6


37. Advertising Lead Clerks
Classified Lead Clerk, Classified Real Estate Advertising Clerk/Secretary, Classified Recruitment Advertising Clerk/Secretary
Start 6 Mon 12 Mon 18 Mon 24 Mon 30 Mon 36 Mon 42 Mon 48 Mon
10/07/07 562 603 652 672 703
10/05/08 567 609 659 678 710
03/15/09 532 571 618 636 666

38. Sales Assistant
*Sales Assistant, Advertising Operations Specialist
*Scale for incumbents in the job title as of 10/7/07. See Memorandum of Agreement No. 7 for named incumbents

38C.  Media Sales Coordinator
Media Sales Coordinator
Start 2nd Yr. 3rd Yr.
11/22/09 753 776 799

39.  Internet Production
Internet Designer, Internet Producer, Internet Production Specialist
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 731 795 864 957 1051 1280
10/05/08 739 803 872 967 1062 1292
03/15/09 693 749 813 894 982 1195

See Memorandum of Agreement No. 8 for named incumbents


39B . Advertising Account Executive
Advertising Account Executive
Start 2nd Yr. 3rd Yr.
10/07/07 824 849 874
10/05/08 832 857 883
03/15/09 776 799 823
11/22/09 776 799 823

Employees hired after 11/22/09 are not eligible for snap back to 10/05/08 scales


39C. Project Manager
Project Manager
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 866 892 919 947 975
10/05/08 875 901 928 956 985
03/15/09 816 840 865 891 911

38D.  Advertising Account Manager
Advertising Account Manager
Start
11/22/09 1058

40. Promotion/Public Relations Coordinator
Promotion/Public Relations Coordinator, Special Events Coordinator, Special Sections Coordinator,
Internet Coordinator, Fulfillment Specialist
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 758 826 889 981 1073 1284
10/05/08 765 834 898 991 1083 1297
03/15/09 717 778 837 917 1002 1200

41. Special Sections Editor/Creative Services
Special Sections Editor, Senior Ad Producer
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 894 932 967 1000 1097 1293
10/05/08 903 942 976 1010 1108 1306
03/15/09 842 878 903 934 1025 1208

46. Designer, Copywriter
Designer, Advertising Page Designer, Copywriter
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr. 6th Yr.
10/07/07 805 865 930 969 1009 1051
10/05/08 813 874 940 979 1019 1062
03/15/09 758 815 877 906 943 982

47. Publication Producer
Publication Producer
Start 2nd Yr. 3rd Yr. 4th Yr. 5th Yr.
10/07/07 797 876 903 931 960
10/05/08 805 885 912 941 970
03/15/09 751 825 850 877 897

48. Production Specialist
Production Specialist
Start 2nd Yr. 3rd Yr. 4th Yr.
10/07/07 957 997 1028 1060
10/05/08 967 1007 1038 1071
03/15/09 894 931 960 990

49. Prepress Employee
Prepress Employee
Start
10/07/07 1035
10/05/08 1046
03/15/09 968

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


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

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

3. The Employer may allocate incentive money, in an amount at its discretion, to be used to
encourage district managers to bid or seek transfer to designated districts. Once a district has been assigned an amount of incentive money, that amount will not decrease while the district manager remains on that district. Under the incentive district plan agreed to in this section, the Employer may remove any incentive payments if the district manager leaves the designated district. If the Employer changes the size or geographic boundaries so as to significantly decrease the workload of the designated district, the Employer may reevaluate the necessity for, or amount of, incentive pay.

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ARTICLE 24
General Wage Provisions

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

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

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

4. Paychecks for the previous Pay Period shall be available in the plant to employees no later than noon Friday. The Employer will endeavor to have paychecks available to employees working night shifts by the end of their Thursday shift and to all other employees by the end of their Friday shift.

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

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

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

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

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

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

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

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

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

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

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

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

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

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ARTICLE 25
Expenses and Equipment

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

2.  Employees making their personal automobiles available for use at the authorization of the Employer shall be reimbursed for all business miles as follows subject to snap back as provided for in Memorandum of Agreement No. 10 Concerning Economic Relief:

(a) District managers, IRS rate, minus 10 cents per mile.

(b) Assistant district managers, IRS rate minus 10 cents per mile.

(c) All other employees, IRS rate less 15 cents per mile.

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

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

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

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ARTICLE 26
Job Sharing

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

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

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

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

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

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

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

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

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

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

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

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ARTICLE 27
Miscellaneous

1. Union Matters

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

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

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

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

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

4. Electrical and Maintenance Departments:

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

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

(c) Nature of electrical work: Electricians shall not be required to perform manual labor. They shall, however, perform all such non-electrical work as may be incidental to the proper performance of their electrical duties.

(d) Electrician III duties: The Employer and the Union agree that Electrician IIIs may perform duties regularly performed by employees classified as Electrician I (or Electrician II, if any are so classified), but employees in the lower classifications may not be laid off as a direct result of Electrician IIIs performing their duties.

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

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

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ARTICLE 28
Hazardous Conditions, Safety and Work Environment

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

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

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

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

2. Safety and Work Environment:

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

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

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ARTICLE 29
No Strike

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

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

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ARTICLE 30
Management Rights

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

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ARTICLE 31
Duration and Renewal

1. This agreement shall commence on November 21, 2009, and expire on March 10, 2012.

2. This Agreement shall be binding upon the parties hereto, their successors, administrators, lessees and assigns. In the event the Employer sells, transfers, leases or assigns the business, a function of the business or any part of its operation, the Employer agrees that it shall give written notice of this Agreement and of all the clauses contained herein to any prospective purchaser, transferee, lessee or assignee. The Employer agrees that all obligations of this Agreement shall become a condition of any sale, transfer, lease or assignment. A copy of such written notice shall be furnished to the Union not less than ten (10) days prior to the effective date of sale, transfer, lease or assignment.

3. At any time within nine (9) months immediately prior to the expiration date of this agreement, the Employer or Union may initiate negotiations for a new agreement.

4.  The Employer will comply with the Federal WARN Act, if applicable, regarding any notice of closure of operations.

FOR THE EMPLOYER: FOR THE UNION:
Missy Miller Laurie Faliano
Bernie Szachara Kathy Rudolph
Kathy Maaliki Michelle Miller
Bill Reynolds Megan Dykhuizen
Judi Patterson Sam DeLeo
Maureen Shively
Paulette Shrefler
Tony Mulligan

Date signed: December 14, 2009

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Memorandum of Agreement No. 1
Concerning Low Base-High Commission Pay Plan

1. The Employer may hire Sales Representatives (Account Executives or Account Managers) on a Low Base-High Commission (“LB/HC”) pay plan to sell in print, online or both, into new or special initiatives or products, niche products, or new programs. The Employer may also establish up to five (5) LB/HC positions to fill new or current positions in territories or categories (including digital). These positions may be filled by new hires or by voluntary conversion to a LB/HC pay structure by current Sales Representatives. No employee will be reassigned or otherwise retaliated against for rejecting LB/HC pay structure.

(a) This agreement does not preclude salaried account executives from also selling into the same products and programs as those being sold by Sales Representatives on this pay plan.

(b) It is agreed that commissions for salaried account executives will continue to be based on revenue, and the addition of new products will increase the potential for commission for salaried account executives.

2. It is not intended that Sales Representatives under this pay plan will displace salaried account executives. No salaried account executive will be laid off as a result of assignment of Commission-Only Reps. Any reductions in staff will follow the terms of Article VII.

3. LB/HC Sales Representatives may perform Work for:

(a) The Employer, and

(b) Other companies and business entities, including, but not limited to, jointly sponsored ventures, partnerships and programs between the Employer, or its owners, and these third-party entities.

4. The Union is recognized as the bargaining representative for LB/HC Sales Representatives.

(a) The Work is included within the jurisdiction of the Union.

(b) Assignment of Sales Representatives under this pay plan to perform the Work for the benefit of third-party companies and business entities does not constitute a grant to the Union of jurisdiction over work performed by other persons working at those companies and entities who are not employees of the Employer.

5. Sales Representatives hired under this pay plan will be paid no less than $1,000/month plus commission. Any amounts above that are at the discretion of the Employer. The base pay will be reduced over a nine-month period, until reaching the rate of $1,000/month beginning the tenth month. During the step-down in pay, each reduction will be maintained for a minimum of three months. The schedule for base pay reduction shall be provided to the affected sales representative in writing prior to hire or voluntary conversion to the pay plan.

An example of a LB/HC plan is as follows:

MONTHS OF SERVICE MONTHLY/SALARY
Months 1-3 $3,000/month
Months 4-6 $2,500/month
Months 7-9 $2,000/month
Month 10+ $1,000/month

6. All Sales Representatives, regardless of their pay plan (i.e., hourly or LB/HC):

(a) Are required to use the Employer’s established rates

(b) Are required to follow the Employer’s practices concerning credit, collections and other policies.

(c) Will have adjustments because of errors in ads applied against the person who received credit for the revenue from that ad.

7. During the life of this Agreement, the Employer and the Union agree to discuss increasing the number of LB/HC positions allowed.

8. All sections of the collective bargaining agreement shall apply to LB/HC Account Executives except as specifically modified or amended by the memorandum of agreement. In the event of a conflict between the clear language of the collective bargaining agreement and this Memorandum of Agreement, this memorandum shall supersede the collective bargaining agreement.

9. Vacation, Sick Leave, Floating Holidays, Disability, AD & D
For the purpose of paid sick days, paid vacation days, paid holidays and paid short-term disability (STD), the rate of pay shall be imputed from the Account Executive Scale (G39B) in effect at the time.

ACCEPTED AND AGREED:

FOR THE EMPLOYER: FOR THE UNION:
Missy Miller Laurie Faliano
Bernie Szachara Kathy Rudolph
Kathy Maaliki Michelle Miller
Bill Reynolds Megan Dykhuizen
Judi Patterson Sam DeLeo
Maureen Shively
Paulette Shrefler
Tony Mulligan

Date signed: December 14, 2009

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Memorandum of Agreement No. 2
Concerning Single Copy Sales

The Employer has adopted an independent contractor system for Single Copy Sales. Therefore, the parties agree this is the sole exception to the Preamble and Jurisdiction sections of this contract.

Effective on January 21, 2001, work performed by employees delivering single copy editions of the Post was shifted to independent contractors under the following conditions.

Single Copy Sales employee positions will remain under the jurisdiction of the Guild.

Upon implementation of the Employer on January 21, 2001, Single Copy Sales Representatives previously at the Post and Street Circulators previously at the News were offered a buyout.

Full-time Single Copy Sales Representatives formerly employed at the Post:

(a) Will not be laid off for the duration of this contract

(b) May not at any time be laid off for the purpose of subcontracting work

(c) May be transferred to other positions within the Employer that they are able to perform

(d) Will, in the case of transfer, remain in their Single Copy Sales wage classification or move to the wage classification of their new position, whichever is greater

(e) Will be offered a buyout again to each individual prior to any transfer

Current Single Copy Sales Street Circulators formerly employed at the News may remain in their current positions as long as they are employed at the Employer.

Part-time Single Copy Sales Spotter and Assistant Single Copy Sales Representative positions will first be reduced through attrition.

Part time single copy sales employees:

(a) May transfer to open jobs for which they are qualified

(b) ill be given first consideration by seniority for open single copy sales distributorships

(c) If laid off, shall be paid a minimum of one week of salary for each year of continuous service as severance. Severance shall be based on the average number of hours per week the employee has worked in the previous 26 weeks.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Tracy Simmons Kathy Maaliki
Tony Mulligan Judi Patterson
Bill Reynolds
Rich Bradley
Stan Yoshida

Date signed: April 4, 2008

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Memorandum of Agreement No. 3
Concerning Single Copy Sales Reps. in Classification 13

The following full-time Single Copy Sales Representatives (formerly titled Street Circulators) shall continue to receive the wages of Classification 28 District Manager:

Case, Douglas D. Sinclair, Robert M.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Tracy Simmons Kathy Maaliki
Tony Mulligan Judi Patterson
Bill Reynolds
Rich Bradley
Stan Yoshida

Date signed: April 4, 2008

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Memorandum of Agreement No. 4
Drug and Alcohol Policy

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

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

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

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

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

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

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

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

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

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

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

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

(1) A fatality;

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

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

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

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

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

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

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

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

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Tracy Simmons Kathy Maaliki
Tony Mulligan Judi Patterson

Date signed: April 4, 2008

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Memorandum of Agreement No. 5
Concerning Machinists and Maintenance Mechanics

The Company and the Union agree, that as a result of the accretion of Machinists formerly covered by the IAM Machinists, District Lodge 86 collective bargaining agreement, the following steps for further integrate the former IAM Machinists will be made:

1. Machinists and Production Maintenance Mechanics will be given the title of “Machinist” and they will be able to do machinist or mechanical maintenance work on any equipment in any department, as assigned. To accomplish this integration into one job title, the Company agrees to offer formal and/or informal training, as appropriate, to permit employees to upgrade their skills. The Company and the Union agree that employees will be expected to make their best effort to learn additional skills.

2. Beginning August 1, 2007, Machinists and Production Maintenance Mechanics may be assigned work in either the Pressroom or the Packaging Department without regard to previous division of their assignments. Their work schedules will not be changed pending ratification of a new collective bargaining agreement.

3. The Union and the Company reaffirm the provisions of Article XIV, Hours of Work and Overtime, Section 9 (a-g) concerning scheduling, skills, etc.

4. Upon the date of signing this agreement, Machinists and Production Maintenance Mechanics will continue to maintain their seniority dates established in the Production Maintenance Department at the Washington and Fox Street Plants. IAM Machinists will not lose any severance benefits earned up to and including November 9, 2006, under Article XVIII-B, Sections 1-6 of the IAM collective bargaining agreement.

5. The seniority lists of the former IAM Machinists from the Fox Street Plant, the Guild Machinists at the Washington Street Plant and the current Production Maintenance Mechanics will, at the time of the next markup be integrated/dovetailed into one list for the purpose of shift and vacation bids. New hires after the date of implementation of this agreement will be placed, in seniority order, at the bottom of the dovetailed seniority list.

6. The seniority lists for purposes of involuntary reduction in force will be maintained as agreed in the Memorandum of Agreement signed by the parties on February 5, 2007, in which they agreed as follows:

(a) One list will be maintained of former IAM Machinists from the Fox Street Plant, and a second list will be of Guild Machinists from the Washington Street Plant. Production Maintenance Mechanics from the Washington Plant will be on a separate seniority list because of their separate job title.

(b) It was agreed on February 5, 2007, that in the case of layoffs in the Machinist job title, after the period for voluntary resignation and bumping is closed, if any Machinists are to be laid off, they will be picked, by reverse seniority, alternately from the Fox or Washington Plant lists, until the number of positions to be reduced has been accomplished, and that, in subsequent layoffs, alternating between lists will continue where the last layoff ended.

(c) Upon the date of signing of this agreement, the February 2007 agreement is amended as follows:

(1) If additional layoffs are necessary, alternating between lists will continue until a total of six (6) Machinists have either voluntarily resigned or retired, bumped into other positions or have been laid off.

(2) After this has been accomplished, the separate lists of two Machinist groups and one Production Maintenance Mechanic group will be integrated/dovetailed into a single list for purposes of layoff.

(3) No employee currently with the title of Production Maintenance Mechanic will be laid off until a total of six (6) Machinists have either voluntarily resigned or retired, bumped into other positions or have been laid off as described above.

(4) New hires, after the implementation of this agreement, will be placed, in seniority order, at the bottom of the dovetailed list.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Mike Charbonneau Carol H. Green
Laurie Faliano Missy Miller
Kathy Rudolph Frank Dixon
Anthony Mulligan
Tracy Simmons

Date signed: August 24. 2007

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Memorandum of Agreement No. 6
Creating New Pre-Publishing Department

1. Pre-Publishing Department:

This agreement shall govern the terms and conditions of the agreement of the Denver Newspaper Guild (“Guild”), the Denver Typographical Union Local 49 (“Typographical Union”) and the Employer to transfer certain job functions from the Prepress Shared Work Department (“Prepress Department”), formerly represented by the Typographical Union, into the Pre-Publishing Department, which shall become represented by the Guild effective with the implementation of the Guild and Typographical Union collective bargaining agreements on October 7, 2007. The parties agree that the Denver Typographical Union has withdrawn from the former Prepress Shared-Work Department and that most of its functions have been assigned to a new Pre-Publishing Department, represented by the Guild.

(a) Job titles assigned to the Pre-Publishing Department (as of October 7, 2007) shall be:

(1) Designer

(2) Copywriter

(3) Advertising Sales Assistant

(4) Senior Sales Clerk

(5) Publication Producer

(6) Dispatch Clerk

(7) Lead Clerk

(8) Advertising Receptionist

(9) Production Specialist

The same or similar job titles as those named in the list in 1-9 above in the Creative Services Department in the Marketing Division and in other departments that are not included in the Pre-Publishing Department shall be excluded from this Agreement.

(b) Transferred employees will work under all terms and conditions of the Guild contract, unless different terms are specified in this agreement. They will be paid wage rates bargained by the Guild, and no incumbents will have a reduction in their base hourly rate as a result of this Agreement being put into effect.

2. Definitions:

(a) “Attrition A List” employees are those named in Attachment A to this Memorandum of Agreement. The terms and conditions of their employment security are described in Attachment A.

(b) “B List” employees are those named in Appendix B of the former Typographical Union contract. They are not named on the Attrition A List and were hired or transferred into the Typographical Union on or before March 31, 1994. B List employees are named in Attachment B to this Memorandum of Agreement.

(c) “C List” employees are those referred to in Article XXIX, Shared-Work Employment Security, Section 2, Paragraph H, of the former Typographical Union contract (They have been previously known as “Section 2.H List” employees). They were not listed in either the Appendix A or B Lists of the former Typographical collective bargaining agreement but were hired on or before March 31, 1994. These employees are named in Attachment C to this Memorandum of Agreement.

3. Job Guarantees for Attrition A List employees:

(a) The Employer will honor existing job guarantees, as specified in the Typographical Union contract, for Attrition A List employees (Post and News). All provisions in the Typographical contract relating to Attrition A List employees, including their job security, retirement and retirement benefits, are hereby transferred into the Guild contract. All parties to this Agreement agree that these provisions will continue through succeeding contracts, until the last employee on the Attrition A List leaves employment, and will not be changed.

(b) The Attrition A List job guarantees that will be honored under this Agreement are included in Attachment A, where they were transferred from the former collective bargaining agreement between the Employer and the Denver Typographical Union.

(c) The medical benefits provided in predecessor agreements for Attrition A List retirees (Post and News) and described in Attachment A to this Memorandum will continue to be honored by the Employer.

4. Rights of Attachment B and C Employees:

In recognition of the inclusion of the former Prepress Shared-Work Agreement in the predecessor collective bargaining agreement effective January 21, 2001, the Employer agrees that each of the former members of the Typographical Union who are named in Attachments B and C to this Memorandum will be offered continued full-time employment by the Employer until he or she (1) dies, (2) resigns, (3) retires, (4) becomes totally and permanently disabled, (5) is discharged for cause, or (6) is laid off with the severance pay amount provided in Section 11.A. below.

(a) This Section 4 shall continue in force through succeeding collective bargaining agreements for the employees named in Attachments B and C to this Memorandum unless changed by mutual agreement between the Employer and the Union.

5. Union Security:

(a) The following employees in the job titles in the Pre-Publishing Department identified in Paragraph 1-A above shall be required to join and pay appropriate fees to the Guild and may not exercise drop-out rights under Article VI, Union Security, Section 9 as long as they remain in the Pre-Publishing Department:

(1) Employees transferred from the Prepress Department into the Pre- Publishing Department,

(2) Guild-represented incumbents in the job titles named in Paragraph 1-A above who move into other job titles named in Paragraph 1-A above or who currently hold positions in the named job titles, and

(3) New hires into the job titles named in Paragraph 1-A above.

6. Typographical Union benefits entitlements:

(a) Employees transferred from the Prepress Department into the Pre-Publishing Department shall continue to accrue, without interruption, the companywide seniority and department seniority (priority) previously established.

(b) After implementation of this contract, benefits will be earned and used under the terms and conditions of the Guild contract, except as specified below:

(1) Sick leave: Any unused sick leave up to four shifts as of December 31, 2007, may be redeemed at 100% of pay at the Typographical Union rate in effect on October 6, 2007. On January 1, 2008, these employees will receive the same sick leave credits as other Guild-represented employees.

(2) Vacation credits: Any earned but unused vacation credits will not be lost.

(a) Vacation that has been scheduled and approved as of October 7, 2007, will be taken as scheduled.

(b) Unused vacation credits as of October 7, 2007, will be converted on an hourly formula that treats the employee’s former 36-hour work week as if it had been a 40-hour work week.

(3) Floating holidays and CDO Holiday Comp Days: Any earned but unused holiday, floating holiday and CDO credits will not be lost.

(a) Each unused shift earned under the Typographical Union will be treated as a single unused shift under the Guild contract.

(b) Floating holidays must be taken by December 31, 2007. If not, the employee will not be paid for the floating holiday.

(c) CDO Holiday Comp Days must be taken within 90 days of the holiday. If not, the employee will be paid for the CDO holiday at the Typographical union rate in effect on the day of the holiday.

(c) Pension:

Those Prepress Department employees transferred into the Pre-Publishing Department will continue to be participants in the DNA-Typographical Union Employees Pension Plan, according to the terms of the Plan, which will be amended to enable the continuation of their active participation. Pension contributions on their behalf at the current rate will continue up to December 31, 2012, at which point they will cease to accrue future service credits in the DNA-Typographical Union Employees Pension Plan. (In the event the DNA-Typographical Union Employees Pension Plan is merged into the Negotiated Pension Plan (NPP) before December 31, 2012, these contributions on their behalf shall cease earlier than December 31, 2012, at the time other means are adopted by the parties to ensure that future service credits for them will be provided for under the NPP or Guild International Pension Plan without interruption, in accordance with the provisions of the appropriate International pension plan and by mutual agreement of the Employer and the Union).

(1) These transferred employees will not participate in the DNA-Denver Newspaper Guild Pension Plan.

(2) Contributions will be made by the Employer on their behalf after October 7, 2007, into the Guild International Pension Plan in the same amounts as for other Guild-covered employees.

7. Creation of the Pre-Publishing Department:

(a) As soon as possible after October 7, 2007, the Employer will announce a voluntary job separation program (buyout) in identified job titles covered by the Guild and the Typographical Union. The buyout offer will establish the number of voluntary resignations or retirements it will offer and will remain open for 45 days after it is announced, with an additional 7-day rescission period. During this 45-day period, employees will be offered information concerning the work of the new Pre-Publishing Department so that they may decide whether to voluntarily leave employment or seek one of the available positions.

(b) This offer relating to the establishment of the Pre-Publishing Department will be as follows:

(1) For employees named in Attachments A, B or C: A minimum of $27,500 or severance pay up to a maximum of 44 weeks’ pay, whichever is greater, based on a formula of one (1) week’s pay for each six (6) months of continuous full-time service or major fraction thereof, less taxes. For those receiving more than $27,500, the week’s pay will be the amount of base weekly pay ($922.68) in effect on October 6, 2007. Payments may be taken in a single lump sum or spread over up to 24 months.

(2) For employees from the Typographical Union not named in Attachments A, B or C and for Guild-represented employees: The severance pay formula provided in Article IX, Severance Pay, up to a maximum of 44 weeks’ pay at the highest rate in effect in the previous year will be offered.

(3) Medical benefits subsidy for all: Those in Paragraphs 1 and 2 above who accept the voluntary buyout offer will receive a subsidy to their medical premiums for up to 18 months of their COBRA period. The employee will continue to pay the percentage of premium the employee would have paid if the employee were remaining in active status during the period of up to 18 months. This subsidy will be applied to the share of premium in effect from year to year under the agreement with the Denver Council of Newspaper Unions. Cash will not be paid in lieu of the medical subsidy. Employees may change coverage options during Open Enrollment periods.

(c) In subsequent voluntary buyout programs for employees not listed in Attachments A, B or C, the Employer will offer an amount of consideration determined at its discretion, as established in the Guild contract.

8. Transition Period:

Upon the announcement of the voluntary buyout program, a Transition Period of no less than 52 days (currently anticipated to be between 52 and 90 days, but it is understood that the duration may be changed) will begin. During the first 45 days of the Transition Period, the Employer will be providing information, training, job shadowing, individual feedback about each employee’s qualifications, and other opportunities to employees covered by both the Guild and the Typographical Union in the positions that will be assigned to the Pre-Publishing Department.

(a) During this Transition Period, the Employer will begin to assign employees into positions for which they, in the Employer’s judgment, are best qualified. Simultaneously, during the first 52 days of this Transition Period, employees will be evaluating whether they wish to be considered for positions or wish to voluntarily resign or retire under the buyout program.

(1) The Employer will make assignments to positions based on skills. During the Transition Period, if there are more applicants for positions than the number of vacant positions, and, if skills of all applicants are determined to be equal, priority or department seniority, as appropriate, will be considered.

(b) The Transition Period will end when the last assignment to a position is made.

(c) During the Transition Period, if an employee’s assignment to a position becomes unsatisfactory for either the Employer or the employee, the employee may, upon mutual agreement, be assigned to another vacant position in the Pre-Publishing Department for which he or she is qualified. This provision will not require the Employer to remove another employee from a position to which that employee is already assigned. After the completion of the Transition Period, employees will be deemed to be assigned in the positions they occupy at that time and any movement between positions will require a vacancy and that an employee make an internal application for the position.

(d) During the Transition Period, priority and seniority credits will continue to accrue for each employee in the position to which he or she is currently assigned before the employee is assigned to another position. Once the Transition Period is completed, the employee’s seniority in the new position will begin to accrue in that job title.

(1) Department seniority (priority) credit for all employees from both Unions who are assigned to new Pre-Publishing Department positions will be applied, without interruption, to that employee’s seniority in the new position at the time of the assignment. Companywide seniority credits also will be transferred at that time and will continue to accrue without interruption.

(e) During the Transition Period, if unanticipated questions arise concerning the creation of the Pre-Publishing Department, the Employer agrees to meet with the Unions’ transition team to resolve these questions.

9. Workforce Reduction after Completion of the Pre-Publishing Department:

For workforce reductions after the staff reductions because of the creation of the Pre-Publishing Department, the Union and all affected employees shall be notified in writing by the Employer in advance of each planned workforce reduction as provided in Article VII, Employee Security, Section 4 of the Guild collective bargaining agreement.

(a) Before the Employer may assign employees identified in Attachments B and C to work in other departments, employees listed in Attachments B and C shall have the opportunity to apply for transfer to one of the positions identified in the Employer’s notice, and employees listed in Attachments A, B and C shall have the opportunity to request termination of employment with Voluntary Workforce Reduction Incentive Benefits as provided in Section 12 of this Memorandum. All responses from these employees must be received by the Employer within two (2) weeks from the date of the Employer’s notice.

(b) The announced workforce reduction will then be accomplished in the following manner:

(1) Requests for termination of employment with Voluntary Workforce Reduction Incentive Benefits will be granted first. If requests for termination of employment exceed the number of positions the Employer desires to reduce, termination requests will be granted in seniority order until the announced number of reductions is achieved.

(2) Applications for transfer will be considered second, and will be granted if the employee possesses the qualifications necessary to successfully perform the work. Employees who do not possess the necessary qualifications will be evaluated for their aptitude and ability to learn the work, and will be given equal consideration to other applicants. The Employer is not required to transfer an employee to a position or work assignment for which, in the Employer’s evaluation, the employee is not qualified.

(a) To the extent operationally possible, the Employer will endeavor to assign these employees to work requiring skill, aptitude or ability similar to that required in the performance of their work in the Prepress Shared-Work or Pre-Publishing Department.

(b) An employee assigned to work in a position outside the Pre-Publishing Department on a regular and continuing basis may thereafter be reassigned to a position in a different department on a regular and continuing basis.

(c) An employee assigned to work in a position outside the Pre-Publishing Department on a regular and continuing basis may subsequently be returned to a position in the Pre-Publishing Department on a regular and continuing basis if a vacancy occurs, with the mutual agreement of the Employer and the employee.

(d) An employee assigned to work in a position outside the Pre-Publishing Department shall not have his or her pay reduced below the scale in his or her bargaining unit position, but the rate of pay may be frozen at the rate prevailing at the time of reassignment until the rate in the assigned position exceeds the prevailing scale at the time of reassignment.

(e) Unless they are required to become members of another union and thus are covered by that union’s collective bargaining agreement, employees who are assigned to work outside the Pre-Publishing Department shall receive the fringe benefits provided for in this collective bargaining agreement. However, the hours of work, the work to be performed, the manner and method of performing work and all other conditions of employment, including without limitation, breaks, all scheduling, vacation, holiday and work schedules shall be determined by the Employer in the normal manner of the department or sub-department to which the employee is assigned. Such employees shall be under the direction and control of and shall follow the instructions of the supervisors where they are assigned.

(f) Employees who request transfer, or are assigned to, work outside the Pre- Publishing Department will retain their rights under the provisions of Section 3 or 4 of this Memorandum, whichever is applicable to each employee.

(g) Employees who are covered by this Article who request transfer, or who are assigned to, work outside the Pre-Publishing Department may retain their right to representation by the Guild to the extent of enforcement of this Memorandum of Agreement No. 6.

(3) If requested terminations and approved applications for transfer do not accomplish the total number of reductions in the Employer’s notice, the Employer may involuntarily lay off employees with no guarantees or employees listed in Attachments B and C in accordance with Section 10 below, or may assign them to work in other departments in accordance with Section 9.B above, making such assignments in order of reverse bargaining unit seniority.

10. Involuntary Layoff Procedures after Completion of the Pre-Publishing Department:

In the event of involuntary staff reductions, after staff reductions because of the creation of the Pre-Publishing Department and after employees have been assigned in the Department, the procedures in the Guild contract in Article VII, Employee Security, Section 4 shall apply, resulting in the least senior employee being laid off.

(a) For any layoffs occurring after implementation of the collective bargaining agreement on October 7, 2007, the seniority lists including former Typographical Union and Guild-covered employees in the affected job titles will be dovetailed into one seniority list, ranked by department seniority (priority).

(b) For two groups formerly represented by the Typographical Union, (1) B List employees and (2) C List employees, the following procedures shall apply:

(1) If an employee on the B List or C List is the most junior employee in a Pre-Publishing job title in which layoffs are occurring, before that employee is laid off he/she may, if qualified on a regular and continuing basis, elect to move into another Pre-Publishing job for which he or she is qualified (as determined by the Employer) and displace an employee with less companywide seniority.

(2) Alternatively, instead of laying off the employee, the Employer may assign that employee to perform work in another job title or area of the company inside or outside of Pre-Publishing for which the employee is qualified (as determined by the Employer) on a regular and continuing basis. If the employee refuses the transfer at the time it is offered, the employee may resign with severance pay as applicable in Section 11 below.

(3) If an employee is transferred to another position that has a lower wage scale than the employee is paid, the employee’s current wage will be frozen until the lower wage is greater, at which time, the employee will receive future wage increases.

(4) If there is no other work for which the employee is qualified, or if there is no available vacancy in a position for which he or she is qualified, the Employer may lay off the employee.

(5) Severance pay for any B List or C List employee so laid off is provided in Section 11 below.

(6) Severance pay for any employees transferred from the Prepress Shared-Work Department who are not named in Attachment A, B or C List is provided in Section 11 below.

11. Severance Pay upon Involuntary Layoff after Completion of the Pre-Publishing Department:

(a) Severance pay for any B List or C List employees laid off shall be 44 weeks’ pay, less taxes, at the base pay scale the employee was paid under the Typographical Union contract as of October 6, 2007. This amount of severance shall be paid without regard to the employee’s tenure at the company.

(b) Severance pay for any employees who not named in Attachment A, B or C who are laid off shall be one week’s pay for each six (6) months of continuous full-time service, or major fraction thereof, up to a maximum of 26 weeks’ pay, less taxes. Such pay shall be at the highest base rate in effect in the previous year.

(c) The procedures described in Section 10 above and severance pay described in this Section 11 shall remain in effect for any involuntary layoffs during the term of this Agreement.

12. Voluntary Workforce Reduction Incentive Benefits:

From time to time, the Employer may offer Voluntary Workforce Reduction Incentive Benefits programs. These programs shall be available to employees listed on Attachment A, and/or Attachment B and/or Attachment C and/or to employees not on the Attachment A, B or C Lists who may wish to voluntarily accept permanent separation during a reduction in staff.

(a) Employees listed in Attachment A under the age of 62 when they terminate employment under this program shall relinquish all rights and benefits to which they are otherwise entitled under Attrition Articles XX or XXI of the former Typographical Union collective bargaining agreement (adopted herein and included in Attachment A). Employees on the Attachment A Attrition List who are age 62 or older when they terminate employment under this program shall retain all rights and benefits to which they are entitled under Attrition Articles XX or XXI of the former Typographical Union contract (included in Attachment A).

(b) The Voluntary Workforce Reduction Incentive Benefits for employees on the Attachment A Attrition List who terminate employment before reaching age 62, and for all Attachments B and C employees shall include an amount of consideration determined at the Employer’s discretion, but no less than the following:

(1) Twenty-one thousand dollars ($21,000) in cash, less applicable taxes, payable either (1) in one lump sum upon separation, or (2) in twenty-four (24) equal payments on the first of each month beginning with the first month following separation.

And the employee’s choice of (2) or (3), below:

(2) Continued health care coverage for up to eighteen (18) months (a choice of any medical plan offered by the Employer, as available under terms of the collective bargaining agreement at the time of separation) with the same employer contribution toward monthly premiums as provided for those members of the bargaining unit still employed by the Employer at that time,

(3) The cash equivalent of the Employer contributions for that period, in lieu of insurance coverage, payable in one lump sum, less applicable taxes.

(c) The Voluntary Workforce Reduction Incentive Benefit for employees on the Attachment A Attrition List who terminate employment in response to an announced reduction in force as referenced in Section 10, upon reaching age 62 or older shall be an amount of consideration determined at the Employer’s discretion, but no less than the following:

(1) Twenty-seven thousand five hundred dollars ($27,500) in cash, less applicable taxes, payable in one lump sum upon separation.

(d) Employees on Attrition A List who wish to terminate employment at their discretion when no reduction in force is in effect, shall receive fifteen thousand dollars ($15,000) in cash, less applicable taxes, payable in one lump sum upon separation.

(e) It is understood and agreed that this in no way shall be construed as changing Article XX or XXI of the collective bargaining agreement of the Typographical Union, adopted in Attachment A to this Memorandum of Agreement.

13. Notwithstanding anything in the collective bargaining agreement or any letter of understanding or other agreements between the Employer and the Union, including without limitation this Memorandum of Agreement No. 6 to the contrary, no employee permanently separated under this Memorandum shall have any further right to employment or re-employment with the Employer, nor have any further right to or be entitled to or be eligible for any compensation, benefits, or other remuneration under the collective bargaining agreement or this Memorandum except those benefits to which such employee may be entitled under this Memorandum and under the pension plans at the time of termination. Each employee to be permanently separated must sign the requisite waivers and releases in order to be entitled to the payments and benefits described above.

(a) Employees specified in this Section 13 are as follows:

(1) Employees on the Appendix A Attrition List of The Post, and

(2) Employees on the Appendix A Attrition List of the News, and

(3) Employees on the Denver Newspaper Agency Appendix B List, and

(4) Any employees described in Attachment C.

14. In the event of the death of an employee who has accepted permanent separation, any unpaid monies that would have been paid to the employee under Sections 11 and 12 of this Memorandum shall be paid over to his/her designated beneficiary or, if none, to his/her estate.

15. Wages:

Wages for employees transferred from the Typographical Union into the Guild under this Agreement are provided for the respective job titles into which they are transferred in Article XXIII, Wages.

(a) The wages and hours of employees who transferred from the Typographical Union into the Guild will be adjusted to the new 40-hour work week effective October 7, 2007. Pay scales relating to their assignment to positions in the Pre-Publishing Department will become effective upon the completion of the Transition Period.

(b) The Employer and the Union agree that, during the term of this Agreement, the pay scale for the positions of Senior Sales Clerk and Sales Assistant will be evaluated, depending on the evolving scope of responsibility of these positions in the Pre-Publishing Department.

16. The terms and conditions of Attrition A List job guarantees, as well as the names of employees holding these guarantees, including both former Denver Post and Rocky Mountain News employees on those lists, as adopted by the Denver Newspaper Agency, are in Attachment A to this Memorandum of Agreement.

17. The names of employees holding former Appendix B job guarantees are in listed in Attachment B to this Memorandum of Agreement.

18. The names of employees holding former Section 2.H job guarantees are listed in Attachment C to this Memorandum of Agreement.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Donald R. Waller Kathy Maaliki
Mark Merritt Jr. Judi Patterson
John R. O’Neill Bob Kinney
Tracy Simmons Jodi Romero

Date signed: April 4, 2008

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ATTACHMENT A
TO MEMORANDUM OF AGREEMENT NO. 6

Typographical Union Attrition List Provisions
And
Names of Employees on the Attrition A List
And
Medical Benefits for Attrition A, B and C Lists

This Attachment A contains provisions concerning the Attrition A List job guarantees and medical benefits for early retirees that were adopted from the collective bargaining agreement between the Denver Newspaper Agency (“Employer”) and Denver Typographical Union Local 49 (“Typographical Union”) effective January 21, 2001. In consideration for transfer of certain employees formerly covered by the Typographical Union, these provisions are adopted in the collective bargaining agreement between the Employer and the Denver Newspaper Guild that becomes effective October 10, 2007. These provisions will continue through successive collective bargaining agreements.

From The Typographical Union Collective Bargaining Agreement:

ARTICLE XX

ATTRITION FOR THOSE EMPLOYEES COVERED BY
THE APPENDIX (A) ATTRITION LIST AT THE DENVER POST

In order to provide security to the employees of The Denver Post transferring to the Denver Newspaper Agency and to provide a reasonable transition from present composition systems to future composition systems, the parties make the following agreements:

It is agreed that apprentices employed on or before August 5, 1972, and journeymen with a priority date on or before August 5, 1972 (see Appendix A) shall not lose their situations unless forced to vacate same through retirement, resignation, death or discharge for cause. It is agreed, therefore, that in exchange for this attrition agreement, the Employer may use such equipment and processes in a manner which, in the Employer’s judgment, best suits the Employer’s operation.

When Retail Display Advertising copy is inputted via VDT or CRT by employees not covered by this agreement, all required markup of such work shall be performed by employees covered by this agreement. It is further agreed by the parties that employees shall maintain sufficient keyboarding skills to perform the required work in the composing room, keyboarding skills to be defined as the operation of any device having a keyboard.

However, in case a strike, lockout or “act of God” results in a period of temporary suspension of the Employer’s composing room operation, this agreement will be suspended for such period of temporary suspension of the operation only.

In the event of a severe economic downturn, the parties to this agreement will meet for purposes of determining what appropriate action shall be taken as it relates to this agreement.

After January 1, 1983, during the term of this contract, the Employer may, at its sole discretion, announce programs designed to stimulate offers to terminate by those on the Appendix A list (hereinafter “Guaranteed Employees”). The Employer will have the right to set the terms and conditions, the duration of the program and the number of termination offers by Guaranteed Employees it will accept. Provided, offers to terminate are completely voluntary on the part of the Guaranteed Employee, and the Employer’s acceptance shall be in priority order in the event the offers exceed the desired number of terminations. It is understood and mutually agreed that full disclosure of the facts concerning such offers and the results shall be given the Union by the Employer. It is further agreed that such offers shall contain not less than the terms offered during November and December 1981, but the Supplemental Retirement Plan will be offered first.

This agreement shall continue in force through succeeding agreements for the named employees unless changed by mutual agreement between the parties.

SUPPLEMENTAL RETIREMENT BENEFITS

1. Eligibility. A Supplemental Retirement Benefit shall be provided to active employees who are represented by the Union as employees of The Denver Post on April 1, 1973, of whom the remaining active employees on the date of implementation of the Agency subsequently will be transferred to The Denver Newspaper Agency. These employees are identified in Appendix A (Denver Post) of the collective bargaining agreement. To be eligible for this Supplemental Retirement Benefit, an employee must retire between the ages of 62 and 65. It is understood that this period shall not exceed thirty-six (36) months, beginning at age 62, and that all payments shall be in the amount of $1,035 per month.

2. Pension Plan Amendment. The Denver Typographical Union No. 49 Newspaper Pension Plan has been amended to provide that the Supplemental Retirement Benefit shall be paid through the Pension Plan in the amount of $1,035 per month and shall be funded by contributions paid by the Employer.

3. Funding. The Employer shall at its sole discretion elect the appropriate funding method. The Employer shall pay on October 1 of each year the amount determined by the Plan actuary to fund Plan benefits under the Agreement, for a duration not to exceed fifteen (15) years from October 1, 1995.

4. Survivor Benefits. Survivor benefits for the Supplemental Retirement Benefit shall be determined by the terms of the collective bargaining agreement and the Pension Plan.

5. Fees. The cost of legal and actuarial fees attributable to implementation of this Agreement and amendment of the Pension Plan shall be paid by the Plan.

6. Separability. If any portion of this Agreement shall be construed or found to be contrary to any state or federal statute, the parties agree to meet to resolve that portion, and the remainder shall continue in force.

HOSPITALIZATION AND LIFE INSURANCE BENEFITS

Any employee covered by the attrition agreement retiring on or after their 62nd birthday, but prior to his or her 65th birthday, will be granted the following considerations: full group life insurance coverage as provided for other employees in this agreement, until the first of the month following the employee’s 65th birthday. The Employer also agrees to provide the same hospitalization coverage for such retirees as provided elsewhere in this agreement for those employees still working at the trade. Early retirees under the above provision shall, upon reaching age 65, be granted the same hospitalization coverage as provided present employees 65 years of age and over working at the trade, under terms of this agreement, for the life of the retiree.

In addition to the above, present employees 65 years of age and over on the attrition list, upon retirement, will receive the same hospitalization coverage provided such employees still working at the trade, under terms of this agreement, for the life of the retirees.

Employees are entitled to the Supplemental Pension Payments as provided for in the Memorandum of Agreement signed by the parties October 2, 1995, and the amendment to the Denver Typographical Union No. 49 Newspaper Pension Plan signed November 15, 1995.

If a retiree reestablishes his or her priority in the plant of an employer signatory to this agreement after retiring and receiving benefits under this section, he or she will forfeit all of the above supplemental benefits.

ARTICLE XXI

ATTRITION FOR THOSE EMPLOYEES COVERED BY THE
APPENDIX (A) ATTRITION LIST AT THE DENVER ROCKY MOUNTAIN NEWS

In order to provide security to the employees of the Denver Rocky Mountain News transferring to the Denver Newspaper Agency on the date of implementation of the Agency, and to provide a reasonable transition from present composition systems to future composition systems, the parties make the following agreements:

It is agreed that Apprentices employed on or before August 5, 1972 and Journeymen with a priority date on or before August 5, 1972 (see Appendix A) shall not lose their situations unless forced to vacate same through retirement, resignation, death or discharge for cause. It is agreed, therefore, that in exchange for this Attrition Agreement, the Employer may use such equipment and processes in a manner which, in the Employer’s judgment, best suits the Employer’s operation.

When Retail Display Advertising copy is inputted via VDT or CRT by employees not covered by this agreement, all required markup of such work shall be performed by employees covered by this agreement. It is further agreed by the parties that employees shall maintain sufficient keyboarding skills to perform the required work in the composing room, keyboarding skills to be defined as the operation of any device having a keyboard.

However, in case a strike, lockout or “act of God” results in a period of temporary suspension of the Employer’s composing room operation, this Agreement will be suspended for such period of temporary suspension of the operation only.

In the event of a severe economic downturn, the parties to this Agreement will meet for purposes of determining what appropriate action shall be taken as it relates to this Agreement.

This Agreement shall continue in force through succeeding agreements for the named employees unless hanged by mutual agreement between the parties.

SUPPLEMENTAL RETIREMENT BENEFITS

1. Eligibility. A Supplemental Retirement Benefit shall be provided to active employees who are represented by the Union as employees of the Denver Rocky Mountain News on April 1, 1973, of whom those remaining active employees on the date of implementation of the Agency subsequently will be transferred to The Denver Newspaper Agency. These employees are identified in Appendix A (Denver Rocky Mountain News) of the collective bargaining agreement. To be eligible for this Supplemental Retirement Benefit, an employee must retire between the ages of 62 and 65. It is understood that this period shall not exceed thirty-six (36) months, beginning at age 62, and that all payments shall be in the amount of $1,035 per month.

2. Pension Plan Amendment. The Denver Typographical Union No. 49 Newspaper Pension Plan shall be amended to provide that the Supplemental Retirement Benefit shall be paid through the Pension Plan in the amount of $1,035 per month and shall be funded by contributions paid by the Employer. The amount of this Supplemental Retirement Benefit shall become effective for future retirees the first month following the date of implementation of the Agency as defined in Article IV, Duration.

3. Funding. The Employer shall at its sole discretion elect the appropriate funding method. The Employer shall pay on October 1 of each year the amount determined by the Plan actuary to fund Plan benefits under the Agreement, for a duration not to exceed fifteen (15) years from October 1, 1995.

4. Survivor Benefits. Survivor benefits for the Supplemental Retirement Benefit shall be determined by the terms of the collective bargaining agreement and the Pension Plan.

5. Fees. The cost of legal and actuarial fees attributable to implementation of this Agreement and amendment of the Pension Plan shall be paid by the Plan.

6. Separability. If any portion of this Agreement shall be construed or found to be contrary to any state or federal statute, the parties agree to meet to resolve that portion, and the remainder shall continue in force.

HOSPITALIZATION AND LIFE INSURANCE BENEFITS

Any employee covered by the Attrition Agreement retiring on or after their 62nd birthday, but prior to his or her 65th birthday, will be granted the following considerations: Full group life insurance coverage as provided for other employees in this Agreement, until the first of the month following the employee’s 65th birthday. The Employer also agrees to provide the same hospitalization coverage for such retirees as provided for elsewhere in this Agreement for those employees still working at the trade. Early retirees under the above provision shall, upon reaching age 65, be granted the same hospitalization coverage as provided present employees 65 years of age and over working at the trade, under terms of this Agreement, for the life of the retiree.

In addition to the above, present employees 65 years of age and over on the attrition list, upon retirement, will receive the same hospitalization coverage provided such employees still working at the trade, under terms of this Agreement, for the life of the retirees.

MEDICAL BENEFITS FOR RETIREES
WITH ATTRITION A and B LIST GUARANTEED JOBS

From The Typographical Union Collective Bargaining Agreement:

1. Current retirees on either (Post or News) Appendix A Attrition List may receive medical coverage by Kaiser, or other group senior health plans provided by the Employer.

(a) Future retirees who are on either (Post or News) Appendix A Attrition List shall have the same health insurance plan options as those provided for active employees on either Appendix A Attrition List.

(b) For supplemental medical insurance (HMO and “Medigap”) plus Part B Medicare for retirees on either (Post or News) Appendix A Attrition List, after the retiree reaches 65 years of age, the Employer shall pay for the retiree and spouse 100% of Employer’s group premium for single or two-party coverage, as applicable, for senior HMO group or Medigap coverage and also will reimburse the retiree for the employee’s Medicare Part B coverage cost as long as the total amount paid by the Employer does not exceed the dollar amount that would be equivalent to 80% of the premium for active employees for single or two-party coverage, as applicable. Upon implementation of the Denver Newspaper Agency on January 21, 2001, employees on either (Post or News) Appendix A Attrition List who retired before implementation of the Agency shall be paid retiree single or two-party coverage premiums as provided above.

2. Individuals who are not on either Appendix A Attrition List who were hired on or before March 31, 1994, who retire after January 21, 2001, under the Denver Typographical Union Pension Plan who are 62 years of age or older, who are enrolled in a employer group health plan at the time of their retirement, shall be entitled to continued health insurance coverage under the Employer’s group plan with an Employer’s contribution to premium of 50% of the cost for a single active employee, until the employee reaches full retirement age as defined by Medicare rules, at which time the Employer will contribute 50% of the cost of a single retiree on one of the Employer’s group senior plans. In the event of the death of a retiree described in this paragraph, the spouse may continue group coverage at the Employer’s group rate.

(a) If eligible for Medicare at the time of their retirement, or upon reaching Medicare eligibility after they retire, they may enroll in an individual Kaiser Permanente Medicare Supplemental Plan under terms of Kaiser’s Medicare Supplemental coverage, regardless of which employer group plan they were enrolled in prior to reaching Medicare eligibility.

3. Employees not on Attrition List A or B who were hired after March 31, 1994, who retire after January 22, 2001 under the Denver Typographical Union Pension Plan who are 62 years of age but no more than 65 years of age and who are enrolled in a employer group health plan at the time of their retirement, shall be entitled to continued health insurance coverage under the Employer’s group plan at employee expense until they reach age 65, provided the health plan in which they are enrolled allows such early retirement coverage.

4. Upon the death of any retiree covered by either (Post or News) Appendix A Attrition List, the surviving spouse will have the option of continuing health insurance coverage for life under the employer group plan or a group senior plan, subject to the same premium requirements as if the surviving spouse were an active employee and subject to the limits of the plan at that time.

(a) Surviving spouses of retirees not on either the News or Post Appendix A Attrition List, at their own expense and at the Employer’s group rate, may continue health insurance coverage.

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ROCKY MOUNTAIN NEWS
APPENDIX A ATTRITION LIST

Rogers Wolfe Barber Crain Gorman
Lynn Simpson McCarthy Dillon Steadman
Munsey Freeman Cordingly Thompson Mow, R.
Bonner, K. Lingg Geldaker Stitt Wiley
Casady Milner Bale Woods, K. Tinsley
Baker, Ray Shaw, M. Dummer Willson Miller, C.
Counterman Boyd Snapp Wiliams Ford
Plummer Oberwitte Mero Stevens, Jr. Bates
Wortham . Ladenforf, V Wambolt Brookes, F. Lemieux
Steele Choules Charles Town Ward
Livingston Moers Walsh Callan Robinson, C.
Elstad, L. Bundy Quickle Howe Fink
Belmonte Oberle Wilhelm Shepherd Beach, Paul
Petrie Woodworth Siefers, Ed Schlosser Craig
Cadigan Dyer Locke Dobbelaire Mow, C.
Sweitzer See, D. Pratt Mog Schueler
Vidmar Keeley Price Maslanka Harrell, G.
Grose Hobbs Weir Landberg Corkins
Utter, H. Ellian Cawthorne Herber Derani
Holland Shaw, L.V. DeMotte Robison Smith, P.
Ferry Bradford Abraham Knodel, M. Davis, J.
Key Dusek Taylor Pierce Magerer
Briggs Bennett Hancock Barnett, T. Finley
Dunlap Willey Hansen Barnett, E. Harrell, M.
Adams Day Noah Mardis Williams, M.
Woods McMahan Reed Larimore Mosbrucker-Kulish, C.
Emery Currie Ludlow Siefers, R.
Alirez Allison Walden Sinness, Don
Phillips Chavez Gaber Stevens, L. Sr.
Lundy Hudson Michels Lizenbery APPRENTICES
Ladendorf, C. Mooney Davis, D. Hershberger Webster, E.
Fox Elstad, O. Beckman-Beach, Judy Holsten *Kemble, M.
Ellenberger Austin, B. Rossi Hoagland Martin, B.
Cryan Mogensen Thompson, C. Austin, H. Lee, K.
Doubleday Sihrer Brooke Morrow, H. Aquino, J.
Sawyers Ryason Christopher Preston, E.
Albeck Smith, C. Lee, Bob Nail
Archuleta Grisham Barth, J. Knodel, B.
Jordan Etter Price, W. Smith, J.
Peck Woodward Asher Callahan

* Employees who had not resigned, retired, died or been terminated as of November 21, 2009.

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DENVER POST CORPORATION
APPENDIX A ATTRITION LIST

Murphy, Frank F. Brown, W.D. Parker, Earle Chadwick, Ed Smaldone, R.
Chandler, J.W. Strader, E.L Deeming, James Waller, Don McCall, D.
Schiedeman, W. Benes, John Despres, Francis Bulling, Don Winfield, D.
Balling, J.R. Pratt, Clarence Gutierrez, Edward Coleman, Maurice Killingsworth, B.
Higgins, H.O. Mitchell, Frank Spencer, Mansel Gentzler, Gary Brock, R.
Hanson, Frank Henry, Robert Drew, June Kingsley, Gary Cox, W
Higgins, Sam Olson, R.E. Reinoehl, Allen Minter, Gail Kane, R.
Roglitz, R.T. Hensen, F.B. Smalley, Roy Webster, David C. Goldfein, J.
Pride, Maurice Scellato, Eugene Harris, Fred Peters, Joe Singer, W.
Shinn, G.H. Siegel, A.E. Stevens, Ruth Curtis, Mary Ann Larson, J.W.
Pierson, H.A. Linza, Jim Gray, Dewayne Tafoya, Russell Boschee, M.
Lewis, P.C. Peters, Raymond Nelson, Gordon Greenwald, Ray Swan, M.
Zeylmaker, Nick Hacker, Jack Cox, Richard Rodgers, Ed Vincent, G.
Leasure, H.E. Bussow, Dale Morford, Jerry Norwood, Arthur Holstine, G.
Anderson, A.I. McDaniel, L. Witt, Fred Rogers, Mae Card, D.K.
Miller, LeRoy Moore, Bob Munger, Betty M. Zuccaro, Anthony Baird, F.J.
Miller, Robert B. Herbert, Don Summers, Harold Hunsaker, Mida Haring, J.H.
Horoschak, Paul Steiner, Hans Olsen, Harry Trevena, G.L. Stevans, R.
Hall, C.F. Cothren, Harold Vincent, Barbara Thies, Barry Harder, J.
Tracy, J.E. Quinn, Tom Grable, B.J. Trelease, W.R. Bogan, D.
Ringle, D.W. Davis, Pat Ricard, Roger Province, F.A. Carrillo, Al
Christensen, A.L. Frank, Ruth Ryan, Tom Culbertson, Roger Harder, K.
LeBeau, E.A. Cook, Neita Colby, C.E. Milberger, Milton Falk, J.
Adams, Larry Hutchins, Herbert Kelch, Lawrence Hansen, Jim Winn, L.
St.Amand, L.A. Diamant, Maurice Longshore, Harry Radcliffe, Allan Armstrong, E.L.
Brown, R.L. Eacker, Larry Luebben, R. Rask, Norman Caver, B.R.
Browne, Fred Andersen, John Young, Truman Gilbert, Marvin Middlebrook, M.
Penland, G.H. Post, Wm. Hewett, Eva Libonati, Frank Kuhlwein, D.
White, W.F. Dickson, A. Maurer, John Sr. Johnson, Marlyn Boschee, E.
Price, G.E. Johnson, E.M. Johnson, Jim Tracy, H.C. Porter, D.
Estrada, F. Norberg, K. Sear, William Jr. Wallen, Rich Smith, Frank
Lemke, A.R. Mancuso, J. Skaar, L. Tittes, Ray *Merritt, Mark
Monroe, Dick Myers, L. Lang, Ron Gouwar, Elsie Larson, Ken
Forney, Lawrence Maurer, John Jr. Kaupp, Rodger Hollister, R.A. Griffin, W.
Kochie, A.J. Haldiman, Jim Morse, Steve J. Bartley, D.E. Blevins, J.E.
Goodman, J.E. Hudson, Twyla McCollum, H. Ward, G.L. Johnson, W.
Gardner, T.G. Butvilofsky, John Parks, Larry Friesen, Erv Wood, P.
Beck, H.A. Schriver, Mary Snapp, Louis Bradish, A.R.
Peterson, Elmer C. Estavillo, Eddie Speier, John Pace, J. APPRENTICES
Bruner, Sam Killey, John Liese, James Hance, Floyd Dolan, Mike
Walrath, Mark Lydiate, Herman Flin, Doug Briggs, R. Younger, M.J.
Crane, Robert Miers, Marvin Doris, Bobby Fick, R. Fuentes, M.
Bridges, J. Kaiser, C.A. Whitehair, Paul Benson, L. Estrada, Dan
Indvik, Obert Slocum, Robt. C. Englefield, R.F. Gaudette, P. Kimball, M.A.
Boyer, C.G. McMillan, Carl Considine, Ernie O’Neal, John Goss, D.C.
Zeylmaker, Bob Damon, Marcus Halpin, Jim Jackson, John Wade, Fred
Brown, Ernie Campbell, Duane Clapp, Russell Smith, Don Montez, R.
Darling, W. Safarik, John Seller, Adam Burke, R. Espinoza, W.
Stover, Ed Freeman, Marion Hartmann, Don Munger, B.J.
Bailey, G.W. Curtis, Robert Baker, Warren Livesay, A.
Johnson, G. Ahr, Albert Paulson, Al Armstrong, Al
Robinson, Harold Munger, Carl Jones, Virgil Stephens, Robt. F.
Longshore, D. Jackson, Travis Begun, R.S. Tiquet, H.

*Employees who had not resigned, retired, died or been terminated as of November 21, 2009.

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DENVER NEWSPAPER AGENCY
APPENDIX B ATTRITION LIST

Mazak Neuman Ciurej Smith, W.A. Rzepka, F Cassaday
Ohm Moreno Ward *Forbes Quispe Beede
Eberle Davis, L. Ayers Alexander McCormick *Marshal
Romero Rzepka, L. Lombardi Bolsen Yee Dumlao
Ruybalid

*Employees who had not resigned, retired, died or been terminated as of November 21, 2009.

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DENVER NEWSPAPER AGENCY
APPENDIX C LIST

*Rivera, L.
*Boone, T.
Smith, S.
Dankel, L.
Vincent, M.
*Lehmkuhl, S.
O’Neill, J.
*Drum, L.

*Employees who had not resigned, retired, died or been terminated as of November 21, 2009.

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MEMORANDUM OF AGREEMENT NO. 7
CONCERNING ADVERTISING SALES ASSISTANTS
October 7, 2007

The following employees are grandfathered in the G38 Sales Assistant pay scale until they voluntarily change positions or terminate employment:

Yvonne Chavez
Chatton Davis
Cathy Kandalec
Darla Ramer
Cheryl Schmid

38. Sales Assistant
*Sales Assistant
42 Mon
10/07/07 911
10/05/08 920
03/15/09 858
*Scale for incumbents in the job title as of 10/7/07.

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Kelley DelDuca Kathy Maaliki
Donna Holtzmann Judi Patterson
Tracy Simmons
Tony Mulligan

Date signed: April 4, 2008

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MEMORANDUM OF AGREEMENT NO. 8
CONCERNING ADVERTISING SALES AND SUPPORT POSITIONS
October 7, 2007

The following information applies to the named individuals in this Memorandum of Agreement No. 8:

Employees who are in Grade 39 on Step 6 as of October 7, 2007 will be eligible to receive future contract increases as negotiated for Step 6.

Employees who are in Grade 39 on Step 5 and those who are on Step 4 and are six (6) months or less from achieving Step 5 as of October 7, 2007, may advance through steps on their anniversary dates until they reach Step 6. Employees in this group will be eligible to receive future contract increases as negotiated for Steps 5 and Step 6.

Employees who are in Grade 39 on Step 4 with more than six (6) months to reach Step 5 as of October 7, 2007, will continue to receive Step 4 rate of pay until they are advanced to a job title with a higher pay scale, voluntarily move to a job title with a lower pay scale or terminate employment.

Employees who are in Grade 39 on Step 3 or lower as of October 7, 2007, will be slotted in the appropriate pay grade for his or her job title (Grades 39B, 46 or 47) in the pay step that is the same or the minimum next higher than the current rate of pay.

The following employees who are in Grade 39C Senior Account Executive, Step 6 ($911 per week) as of October 10, 2009, will be eligible to receive future contract increases:

Lara Gillette
Nancy Worster-Tanner
Brian Litzinger

The following employees are grandfathered in the G39 pay scale.

Grandfathered at G39, step 4 of $957.00/wk plus applicable contract increases:

Account Executives:
Pamela Bauer Dustin Myahaver
Lauren Fuller Saralee Squires

Grandfathered to continue to G39 step 5 and 6:

Account Executives:
Cathleen Corbin Julie Korosec
Megan Dykhuizen Heidi Menard
Marc Gibbons Susan O’Malley
Susan Gillaspie Kellie Robinson
Michael Goldstein Jennifer (Rebrovich) Schafer

Grandfathered at G39, step 6:

Account Executives:
Kelly Ames Lori Johnson
Leah Arellano Jason Paluda
Roger Baggett Blayne Perry
Kristin Baldwin Leo Romero
Nancy Berenato David Schultz
Katherine Black Michael Sheaman
Janice Craig Maureen Shively
Robyn Davenport Stephanie Shuman
Kelley Delduca Michelle Simpson-Johnston
Stephen Demyanovich Robin Steele
Scott Grove Cassandra Thornton
Donna Holtzmann Maria Trujillo
James Johanning Shannon Wilson
Kim Lindgren Thomas Zakrzewski
Makeup: Creative Services:
David Bryan Timothy Coy
Paulette Shrefler Marywyn Germaine
Connie Utley Erin Behrenhausen
Kim Sharp-Leyba
Design Group: Michael Behrenhausen
Marla Gillaspie Sam Deleo
James Gonzales Timothy Walmer
Gary Newbaum David Gannon
Scott Pasewalk
Brett Rickli
Linda Gaber
Naomi Foster
Mark Holly

ACCEPTED AND AGREED:

FOR THE UNION: FOR THE EMPLOYER:
Laurie Faliano Carol Green
Kathy Rudolph Missy Miller
Kelley DelDuca Kathy Maaliki
Donna Holtzmann Judi Patterson
Tracy Simmons
Tony Mulligan

Date signed: April 4, 2008

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MEMORANDUM OF AGREEMENT NO. 10
BETWEEN DENVER NEWSPAPER AGENCY
AND
DENVER NEWSPAPER GUILD-CWA, LOCAL 37074
Concerning Economic Relief

This Memorandum of Agreement between the Denver Newspaper Agency (“the Employer”) and Denver Newspaper Guild-CWA, Local 37074 (“the Union”) is made concerning economic relief requested by the Employer. All provisions of the collective bargaining agreement (“CBA”) between the Employer and the Union not modified by this Memorandum of Agreement shall remain in effect through expiration of the CBA on October 10, 2009.

1. ECONOMIC RELIEF SUMMARY:

In response to the Employer’s request for economic relief, the Employer and the Union have reached the following agreement to become effective on the date of ratification of this Agreement: (For details, see subsequent paragraphs. Any contract provisions not identified or amended in this Economic Relief Agreement that conflict with the items described below shall be superseded by the provisions of this Agreement).

(a) Reduce wages an average across the bargaining unit of 7.0 %.

(b) Take five (5) unpaid furlough days each year.

(c) Take five (5) additional unpaid work days each year in 2009 and 2010 and corresponding reduction of vacation accruals by five (5) days in those years.

(d) Suspend the company match to the 401(k).

(e) Reduce sick leave for full-time employees and accruals for part-time employees from 12 to 5 days per year.

(f) Eliminate grandfathered medical opt-out credits.

(g) Increase employee premium share for medical insurance by 2.0%.

(h) Increase benefit eligibility requirements to an average of 32 hours for part-time employees.

(i) Increase employee share of monthly premiums to 50% for dental insurance.

(j) Eliminate Health Reimbursement Account (“HRA”) payments and close accounts.

(k) Transfer work performed by Circulation Spotters and DC Supervisors to carriers.

(l) Cap severance accruals for employees who have credits of more than 26 weeks’ pay.

(m) Reduce mileage reimbursement by 10 cents from the current rate.

(n) Suspend Guild dropout period through the duration of the contract.

2. WAGE REDUCTION — DETAILS:

Wage reductions will be effective with the pay period beginning March 15 for paychecks dated April 3, 2009. They will be accomplished in varying percentages based on wage tiers as shown in Attachment A to this Agreement.

3. FIVE UNPAID FURLOUGH DAYS — DETAILS:

Five (5) unpaid furlough days will be scheduled in five (5)-day blocks or as individual days during the annual vacation bid process (described in Section 4(A) below) each year in 2009, 2010 and 2011. Employees shall select scheduled furlough days by seniority. Selected dates may be changed by mutual agreement of the Employer and employee. It is understood that if an employee is regularly scheduled to a four (4)-day work week of four (4) ten (10)-hour days, the employee will take four (4) unpaid furlough days off.

4. FIVE ADDITIONAL UNPAID WORK DAYS AND REDUCTION OF VACATION — DETAILS:

Five (5) additional unpaid days will be scheduled in five (5)-day blocks or as individual days each year in 2009 and 2010. Effective with the fist pay period after ratification, the vacation accrual formula will be adjusted to reflect the reduction of one (1) week from each employee’s vacation accrual rate, and the employee will be scheduled for five (5) days off without pay. Employees shall select scheduled unpaid days by seniority. Selected dates may be changed by mutual agreement of the Employer and employee. Effective January 1, 2011, accrual rates shall be restored to the pre-ratification rate in effect February 28, 2009. It is understood that if an employee is regularly scheduled to a four (4)-day work week of four (4) ten (10)-hour days, the employee will take four (4) unpaid vacation days off, and that references to five (5) days in Paragraph A below will be adjusted to four (4) days [or a total of 8 (eight)] unpaid days off in such cases.

(a) No later than April 15, 2009, each employee shall be required to schedule five (5) unpaid furlough days and five (5) unpaid vacation days to be taken during the calendar year of 2009. During the vacation bidding period in 2010, employees must schedule the ten (10) unpaid days to be taken during the calendar year, unless furlough days and/or unpaid vacation days are restored as provided below. Scheduling preference will be given to full week [five (5)-day] blocks over single days.

(1) In 2009, additional weeks will be added to vacation calendars in each department to accommodate furloughs and unpaid days off. By April 1 employees must bid full-week furloughs and identify full-week vacation that they intend to take without pay. Between April 1 and April 15 employees must bid single-day unpaid furlough days and single-day unpaid vacation days and/or identify what vacation already bid will be taken without pay. Bidding will be by seniority. All ten (10) unpaid days must be taken in 2009.

(2) In 2010, full week furlough and unpaid vacation days shall be bid along with paid vacation during the vacation bidding period of February 1 through April 1. Single day furlough days and unpaid vacation days shall be bid along with paid single day vacation days between April 1 and April 15. All unpaid days must be bid and taken during the calendar year. Prior to the end of the bid window, furloughs and unpaid vacation may be scheduled and taken by mutual agreement between the employee and his or her manager.

(3) In 2011, full week furlough days shall be bid along with paid vacation during the vacation bidding period of February 1 through April 1. Single day furlough days shall be bid along with paid single day vacation days between April 1 and April 15. All five unpaid days must be bid and taken during the calendar year. Prior to the end of the bid window, furloughs may be scheduled and taken by mutual agreement between the employee and his or her manager.

(4) Any employee who does not bid part or all of his or her unpaid furlough days and unpaid vacation days by the close of the bidding period shall have un-bid days assigned by his or her manager.

(5) The schedule for taking furlough days and unpaid vacation days shall be determined by each department manager based on department needs but must provide enough available time to accommodate all accrued vacation, unpaid vacation and furlough days.

(6) Changes in scheduled furlough days and unpaid vacation days may be made by mutual agreement of the employee and his or her manager.

5. SUSPEND COMPANY MATCH TO 401(K) — DETAILS:

The company match will cease effective March 15, 2009.

6. REDUCE SICK LEAVE FOR FULL-TIME AND PART-TIME EMPLOYEES FROM 12 TO 5 DAYS PER YEAR — DETAILS:

(a) FULL-TIME EMPLOYEES:

Amend Article XVII-A (Full-Time Sick Leave):

Section 2. Full-time employees in the bargaining unit shall be eligible to receive up to five (5) days of paid sick leave in a calendar year. The Employer will credit each full-time employee on January 1 of each year with five (5) days of paid sick leave to be available for use during the calendar year. Employees hired after January 1 each year will receive 3.34 hours of sick leave for each full and complete month worked following the date of employment. (For example, an employee hired February 12 would receive 33.40 hours to be used during the remainder of the year). Employees on unpaid leave will have 3.34 hours of sick leave deducted from their bank for each full and complete month of unpaid leave.

In 2009, employees may use three (3) paid vacation days, if available, and up to two (2) unused floating holidays in addition to five (5) days of unused paid sick leave they have earned for 2009, up to a total of ten (10) paid days for calendar year 2009. In 2010 and subsequently, employees may use two (2) paid floating holidays for sick time in addition to their five (5) days of paid sick leave. Unused sick leave will not accumulate from one year to the next.

Sick leave may be used to cover absences caused by the illness of or injury to the employee, employee’s spouse/domestic partner or employee’s child. Illness or injury shall include doctor or dental appointments. After five consecutive days of absence because of illness of the employee, the employee (but not the employee’s spouse/domestic partner or child) is eligible to apply for sickness and accident coverage (Short-Term Disability) as provided in Article XVIII, Denver Newspaper Agency Health Plan, Section 5.

(b) PART-TIME EMPLOYEES:

Amend Article XVII-B (Part-time Sick Leave), Section 2 as follows:

Section 2. A part-time employee shall earn paid sick leave at the rate of one (1) hour for every fifty-two ((52) hours worked up to a maximum of five (5) shifts per calendar year.

(1) Accumulated paid sick leave may be taken in any increment of hours for any absence covered by Section 1 of this Article, up to no more than five (5) shifts per calendar year, unless the employee has a catastrophic illness as provided in Sub-Section 2 (b) below. Partial-shift sick leave absences will be counted cumulatively. Each accumulation of hours not worked because of sick leave that equals six (6) hours shall be considered as one shift absence. Accumulated paid sick leave is not redeemable upon termination of employment or transfer from the bargaining unit or transfer to a full-time position. During calendar year 2009, part-time employees may use up to three (3) additional paid days for sick leave, for a total of no more than eight (8) paid sick days, and their vacation accruals shall be reduced up to the three (3) additional paid sick days actually used. After 2009, no reduction in vacation accruals for purposes of sick leave shall be allowed.

(2) Part-time employees shall be allowed to accumulate up to 240 hours of sick leave. Accumulated sick leave may be used solely to cover catastrophic illness or legitimate injuries or sickness of an extended nature. Documentation may be required to support the extended leave. Upon implementation of the contract, part-time employees who have more than 240 hours of accumulated sick leave will be allowed to retain those hours and draw them down to a maximum of 240 hours; however, they may take no more than five (5) shifts per calendar year unless they have a catastrophic illness as described herein.

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

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

This provision concerning sick leave shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

7. INCREASE EMPLOYEE SHARE OF MONTHLY PREMIUMS TO 50% FOR DENTAL INSURANCE — DETAILS:

Amend Article XVIII (Denver Newspaper Agency Health Plan), Section 2 (b) to increase the employee share of premium from 36% to 50%, effective for the paycheck dated April 3, 2009.

8. TRANSFER WORK OF CIRCULATION SPOTTERS AND DC SUPERVISORS TO CARRIERS — DETAILS:

All Spotter and DC Supervisor positions will be eliminated and the work may be assigned to independent contractors as described below and will cease to be covered by the terms and conditions of the collective bargaining agreement. No employees remain in Single Copy Sales Spotter positions, therefore the job titles of Spotter and DC Supervisor will be eliminated.

  • Spotter positions will be converted from hourly employee positions to independent contractors.

  • Spotters and DC Supervisors may volunteer to become independent contractors at any time after ratification.

  • Required transition from employee to independent status will begin May 1, 2009 and will be completed by June 27, 2009.

  • Circulation management will create a transition rollout schedule, identifying rollout dates for each warehouse over the eight (8) week period.

  • After ratification, any open routes will be offered to spotters within the warehouse where the opening occurs. If more than one spotter requests the route, the most senior spotter will be offered the contract. Any spotter who accepts a route must convert to independent contractor prior to starting the route.

  • Spotters and DC Supervisors who are enrolled in medical and/or dental benefits at the time of termination will be eligible to continue those benefits for 18 months under COBRA beginning the first of the month following their termination date. The first 12 months of medical and dental COBRA will be subsidized by the Employer at the greater of the contractual rate or the federally required rate.

  • The amount of spotting and re-delivery work in the Metro Home Delivery Department performed by DMs and ADMs will not be diminished as a direct result of the use of independent contractors doing spotter work. The amount of spotting and re-delivery work performed by independent contractors will not be significantly increased.

  • This provision concerning spotters’ conversion to independent contractors shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

9. ELIMINATE HRA PAYMENTS AND CLOSE ACCOUNTS — DETAILS:

Payments to employee HRA accounts will cease effective the date of ratification. Employees must use available dollars by June 30, 2009, at which time their accounts will be closed. Any funds not used by employees as of July 1, 2009 will be forfeited. Information on qualified expenses may be obtained in the Benefits Department.

This provision concerning elimination of HRAs shall not be subject to restoration under Paragraph 16, Restoration of Concessions, below.

10. CAP SEVERANCE ACCRUALS FOR EMPLOYEES WHO HAVE CREDITS FOR MORE THAN 26 WEEKS’ PAY — DETAILS: 

Amend Article IX (Severance Pay) as follows:

Section 1. Upon involuntary layoff, full-time employees shall receive a cash severance allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twenty-six (26) weeks. Upon involuntary termination, full-time employees shall receive a cash severance allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous full-time Guild-covered service or major portion thereof, to a maximum of twelve (12) weeks. Employees who, on October 7, 2007, were entitled to more than twenty-six (26) weeks’ severance pay under this Article, shall be grandfathered and will be entitled to continue to accrue severance pay up to the previous maximum of forty-four (44) weeks’ pay upon involuntary layoff or involuntary termination; however, upon ratification of the provisions of this Memorandum of Agreement Concerning Economic Relief, these grandfathered employees shall be capped at the amount of severance pay each employee is entitled to on March 15, 2009. Severance pay is to be computed at the highest weekly rate of pay received by the employee in the previous year. The terms “seniority” and “service” include time continuously worked since current hire date by either the Denver Rocky Mountain News or The Denver Post and all time worked for the Employer.

This severance pay provision shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

11. ELIMINATE GRANDFATHERED MEDICAL OPT-OUT CREDITS — DETAILS:

Grandfathered medical opt-out credits will cease effective March 15, 2009, with the paycheck dated April 3, 2009. This opt-out provision shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

12. INCREASE BENEFIT ELIGIBILITY REQUIREMENTS FOR PART-TIME EMPLOYEES TO AN AVERAGE OF 32 HOURS — DETAILS:

Amend Article XVIII (Denver Newspaper Agency Health Plan, or its successor plan), Section 1 (a) as follows:

1. Eligibility:

Full-time Employees:

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

Part-Time Employees:

(a) Effective with the Measurement Period of October 1, 2008 to February 28, 2009, part-time employees become eligible for a medical HMO plan, Dental and Vision benefits (Dental and Vision premiums will be paid 100% by the part-time employee) when they have worked an average of 32 hours per week during a “Measurement Period” described in this paragraph. The Measurement Periods shall be: (1) October through February of the following calendar year, and (2) April through August. To maintain coverage under these benefits, the employee must continue to be paid an average of 32 hours per week in each Measurement Period. The Benefits Department will review the hours worked for each of the Measurement Periods and will notify the employee during March and September if he or she is no longer eligible, or becomes eligible, for benefits during the Measurement Period that has just concluded.

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

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

Employee grandfathered at a lower eligibility threshold shall continue to be grandfathered as defined in Memorandum of Agreement No. 9.

This provision concerning eligibility of part-time employees for benefits at an average of 32 hours shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

13. INCREASE EMPLOYEE PREMIUM SHARE FOR MEDICAL INSURANCE BY 2.0% — DETAILS:

Increased employee premium share will be reflected in the paycheck dated April 3, 2009 as follows:

Article XVIII, Denver Newspaper Agency Health Plan:

Section 2. Premium share:

(a) Medical coverage: The Employer shall make Medical premium share contributions for enrolled full-time and part-time employees as follows:

Effective March 15, 2009, in the paycheck dated March 20, 2009:

Employee Only 78%
Employee + Spouse 70%
Employee + Child(ren) 74%
Family 70%

This provision concerning premium share for employees shall not be restored under the conditions of Paragraph 16, Restoration of Concessions, below.

14. REDUCE MILEAGE REIMBURSEMENT BY 10 CENTS FROM CURRENT RATES — DETAILS:

Amend Article XXV, Expenses and Equipment, as follows:

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

(a) District managers, IRS rate minus 10 cents per mile.

(b) Assistant district managers, IRS rate minus 10 cents per mile.

(c) All other employees, IRS rate less 15 cents per mile.

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

Reductions in mileage rates made in this Memorandum Concerning Economic Relief shall be made as soon as administratively possible.

15. SUSPEND GUILD DROPOUT PERIOD FOR DURATION OF THE CONTRACT – DETAILS:

Amend Article VI, Union Security, Section 9 as follows:

Section 9. Except as described in Section 4 above, all members of the Guild, present and future, shall be free—without jeopardizing their continuing employment—to terminate their membership by sending notice of termination to the employer and the guild by certified mail postmarked in the periods September 15 through September 30 of each year, such termination to be effective on the last day of that month. This section, as part of the entire contract, shall serve as notice to employees. Not other notice will be give or posted. The Employer agrees that it will not solicit termination of membership.
However, upon ratification of this Memorandum of Agreement Concerning Economic Relief, Section 9 of this Article shall be suspended until the expiration of the current labor agreement on October 10, 2009, at which time this Section shall be restored.

16. RESTORATION OF CONCESSIONS:

The Denver Newspaper Agency and The Denver Post Corporation
CWA GROUP
(DNA Guild, Denver Post Guild, Mailers and Typographical Union)
and
IBT GROUP
(Drivers and Pressmen)

The Employer and the Denver Newspaper Agency Guild Bargaining Unit, Denver Post Guild Bargaining Unit, Denver Mailers Union Local 8, Denver Typographical Union No. 49, Teamsters Local 961 Drivers Bargaining Unit and Teamsters Local 961 Pressmen’s Bargaining Unit (the “Unions,” and Employer and Unions collectively, “the Parties”) agree as follows:

1. Some or all economic concessions items listed in the collective bargaining agreement (CBA) of each Union will be restored to employees represented by the Unions and to non-represented employees of the Denver Newspaper Agency and The Denver Post Corporation (the “non-represented employees”) during the term of this Agreement if of all the five (5) following conditions are met at the time the financial review described below is performed:

(a) The Employer must have been profitable for four consecutive Quarters as described in this Section. Quarters begin on the first days of January, April, July and October. Profitability for four consecutive Quarters will be determined based on consideration of profit or loss over a period of four consecutive Quarters evaluated cumulatively as a single period, and

(b) “Profitable” is defined as being profitable on a net-income basis as determined by GAAP, and

(c) Any or all of the economic concessions restored simultaneously to all groups listed above do not cause the Employer to be in default on its loan agreement with the banks at the end of the period subject to the review, or to be projected to be in default over the remaining term of the bank agreement, and

(d) Any or all of the restored economic concessions restored simultaneously do not cause the Employer to be unable to pay significant required financial obligations (such as required payments to maintain funding status of pension plans or required principal and interest payments to the banks) scheduled to be paid in the future during the term of the bank loan, and

(e) Such restoration would not require the Employer to borrow additional funds in order to restore the concessions simultaneously to all groups.

For purposes of restoring concessions under this Agreement, if it is ratified and implemented, it is assumed the Employer shall be the Denver Newspaper Agency or The Denver Post Corporation, or their successors and assigns.

2. For purposes of determining whether some or all of the economic items will be restored, documentation sufficient to establish and support the Employer’s (1) financial performance, (2) projections concerning its ability to meet the provisions of its bank credit agreement without being in default, (3) projections of significant required future financial obligations and (4) projections as to whether the Employer would be required to borrow additional funds in order to restore concessions shall be reviewed by an auditor for the CWA and/or IBT Unions under the same terms as provided in the Confidentiality Agreement used for their respective auditors’ reviews in December 2008 and January 2009. Results of these reviews by auditors will be disclosed to the same number of key Union officers as provided in that Confidentiality Agreement. The auditor(s) and key Union officials must sign the Confidentiality Agreement before disclosures will be made.

(a) In addition, the Employer agrees that the Unions’ auditor(s) shall be provided a copy of the revised loan agreement with the Employer’s banks resulting from the restructuring of the $130 million loan currently owed in 2009 by the Employer.

(b) Such reviews will occur twice a year, beginning in April 2010 (for the four quarters ending December 31, 2009) and October 2010 (for the four quarters ending June 30, 2010, which review will include the annual audit for the fiscal year ending the prior June 30), and shall continue on that timetable until all economic concession items have been restored or this Agreement expires. The Employer shall provide the information for such audits within two (2) weeks of the review date (on or about April 1 and October 1) and the auditors’ reviews shall be completed within the next two (2) weeks after receipt of the information.

3. Economic concessions made by the Union(s) shall be restored after the Employer has become profitable as described above and after the first $1 million of profitability (“the Reserve”) has been reserved by the Employer for contingencies under the conditions described in this Section. The Reserve will be determined by crediting any profit after GAAP net income for each four-quarter period toward the Reserve until the amount of $1 million or more is accumulated on a cumulative basis. If a four-quarter period shows a loss for that period, the amount of such loss will be subtracted from any accumulated Reserve amount.

Any surplus above the $1 million Reserve will be distributed for the purpose of restoration of concessions, only after it has been established that all three of the requirements listed in Section 1, Paragraphs C, D and E above, have been met.

4. Any surplus above the Reserve amount that is distributed will be allocated as follows among Unions for which the bargaining notice period began January 10, 2009 and whose CBAs were to expire on October 10, 2009 and which bargained concerning concessions in January, February and March 2009, and the non-represented employees who also participated in concessions. These three groups are: (1) CWA Group (composed of DNA Guild Bargaining Unit, Denver Post Bargaining Unit, Mailers Local 8 and Denver Typographical Union No. 49), (2) IBT Group (composed of Teamsters Local 961 Drivers Bargaining Unit and Teamsters 961 Pressmen’s Bargaining Unit), and (3) non-represented employees of DNA and The Denver Post Corporation.

(a) Pro-ration of the surplus above the Reserve amount to be distributed among the three groups shall be determined by calculating the percentage of the total employee population (including both full-time and part-time) represented by each of the three groups as of December 31, 2008 and applying that percentage to the surplus above the Reserve amount to be distributed.

(b) If all concessions are restored for any group or unit before restoration can be completed for other groups or units, a calculation will be performed removing the number of employees represented by the fully restored group or unit from the apportionment based on the December 31, 2008 population count and applying the revised percentage (minus the fully restored group or unit head count) to the surplus above the Reserve amount available to be distributed at that time.

(c) Selection of which Union concessions will be restored will be made by each respective Union group (CWA and IBT) and will be apportioned by agreement of the Union bargaining units among that group, based on the amount of surplus above the Reserve amount. An exception is that the company match to the 401(k) must be restored simultaneously to all Union-covered employees to conform to federal non-discrimination requirements.

(d) In the event that the amount of the surplus above the Reserve available at any given time is sufficient to restore some, but not all, of the concessions, the available surplus above the Reserve amount will be used to restore some of the concessions or some portion of the concessions not yet restored, up to the amount of available surplus above Reserves. When sufficient surplus above Reserves become available in the future, additional concessions will be restored until all concessions have been restored to the level at which they existed on February 28, 2009.

5. If it is determined that an economic concession will be restored, in whole or in part, such restoration will be implemented as soon as administratively possible, generally assumed to be effective on the beginning date of the second pay period following the last of the two auditors’ reviews, except that any unpaid furlough days, holidays or floating holidays not yet taken during that calendar year shall continue to be taken through December 31 of that year, after which all such unpaid days shall cease on January 1 of the following year. For employees taking unpaid days in lieu of vacation, employees who had not yet taken all unpaid days at the time restoration of vacation days will continue to take unpaid days through the end of the vacation year defined in their CBA.

6. The Union auditor(s) and key Union officials, under the conditions described in Section 2 above, also will be provided information by the Employer, given in aggregate numbers, sufficient to verify that employees not represented by any Union have incurred wage reductions or deferral of wage increases; unpaid furlough days, pension freeze, unpaid vacation or holidays, and other concessions on the same basis as Union-represented employees and at the same time as employees represented by the Unions. The auditor(s) and key Union officials will be provided information, without identifying non-represented individuals, sufficient to verify that the company match to their 401(k) has been suspended, that HRA payments have ceased and that they are paying the same percentage as Union-represented employees for premiums for medical and dental coverage. These concessions will be implemented as soon as administratively possible after ratification of the last Union agreement in March 2009 and information will be provided to the Unions at that time.

(a) Information will also be provided sufficient to allow the Unions to verify that any restoration of these concessions incurred by non-represented employees is made at the same time as restoration for Union-represented employees. It is agreed that the Employer may exercise its choice as to which concessions are restored for non-represented employees at any given time, so long as the non-represented employees’ proportionate allocation of surplus above Reserve funds for restoration is not exceeded.

(b) The parties agree that on or before March 20, 2009, the Employer will provide to the Unions’ auditors the aggregate amount of the total straight-time payroll, less the value of wage reductions and unpaid time off, for all employees (both Union-represented and non-represented) employed by The Denver Post Corporation and the Denver Newspaper Agency as of December 31, 2008. The same data will be provided to Union auditors each time they review the Employer’s finances, comparing straight-time payroll less reductions as of December 31 of each succeeding year until Union concessions are restored. The parties agree that as long as this Agreement is in effect, the total aggregated straight-time payroll of the two companies, expected to be subsequently combined into a single Employer, will not exceed the net amount as of December 31, 2008 provided to the Unions while any economic concessions remain to be restored. If the total aggregated payroll does exceed this amount, restoration of remaining economic concessions will occur at the time the last auditor’s review for that period is completed.

7. If any economic concessions have not yet been restored on the final day of the CBA expiring March 10, 2012, the parties agree that such remaining concessions will be restored prospectively (not retroactively) only (See Example below) on the day after expiration of the term of the CBA expiring March 10, 2012, provided that:

(a) Such restoration does not cause the Employer to be in default of its bank agreement (calculated as if the restoration occurred at the beginning of the immediately prior 12-month measurement period established in the bank credit agreement), or will not reasonably be expected to cause a default at any time through maturity of the loan based on projected operating performance.

Example: If the succeeding CBA expires on March 10, 2012, then all economic concessions covered by this Agreement that have not been restored as of this date shall be restored on a going-forward basis on March 11, 2012, provided such restoration does not cause the events described in Paragraph A in this section above to occur.

If, due to the loan default exception above, such concessions cannot be restored, it is agreed that the parties will bargain for the succeeding new CBA as if the terms of the preceding CBA included all restored economic concessions.

8. Economic concessions subject to restoration are listed below:

(a) Wage reductions

(b) Five unpaid furlough days

(c) Five additional unpaid days and corresponding reduction of vacation accruals

(d) Company match to 401(k)

(e) Company percentage of contribution to dental premium at 64%

(f) Mileage reimbursement at IRS rate for District Managers and Assistant District Managers, and IRS rate less 5 cents for all other employees.

9. This Agreement shall continue until all economic concessions have been restored as provided above, or until terminated upon mutual agreement of the parties.

10. The Parties agree that if the Employer files a Section 1113 motion to reject the CBAs of any Union signing this Agreement as part of a Chapter 11 bankruptcy filing, the concessions granted by the Unions in these negotiations will be immediately and totally restored as of the date of filing the Section 1113 motion.

11. The Employer agrees with the Guild DNA Bargaining Unit and Denver Typographical Union No. 49, respectively, that the parties will continue to negotiate on subjects not listed as economic concessions under this Agreement toward expiration of their current CBAs on October 10, 2009.

(a) All Parties continuing negotiations agree that, upon ratification, any concessions listed in their respective Economic Relief article or Memorandum of Agreement in their CBAs will not be open for further negotiations for the contracts expiring October 10, 2009 unless they are re-opened by mutual agreement of the parties.

(b) This Agreement assumes that Denver Mailers Union No. 8, Teamsters Local 961 Pressmen’s Bargaining Unit, and Teamsters Local 961 Drivers’ Bargaining Unit will have achieved ratification of new CBAs between the Employer and the respective Unions that expire March 10, 2012.

12. All Parties agree that all of the six (6) Unions named in this Agreement must ratify the contract modifications or new CBAs negotiated in February and March 2009. If any Union(s) fail to ratify these agreements, none of the agreements, even if they have been ratified, will be put into effect.

13. Implementation of all concessions shall be as soon as administratively possible after all agreements have been ratified, or consistent with any specific provisions in each CBA, whichever is later.

By their signature below, the Parties agree to the terms and conditions of this Memorandum of Agreement Concerning Economic Relief effective on the date of ratification of this Agreement.

ACCEPTED AND AGREED:

UNIONS: EMPLOYERS:
Denver Newspaper Guild DNA Bargaining Unit Denver Newspaper Agency LLP
Denver Newspaper Guild Denver Post Bargaining Unit The Denver Post Corporation
Denver Mailers Union No. 8
Denver Typographical Union No. 49
Teamsters Local 961, Drivers Bargaining Unit
Teamsters Local 961, Pressmen’s Bargaining Unit

ATTACHMENT A
WAGE REDUCTIONS

Wage reductions will be effective with the pay period beginning March 15 for paychecks dated April 3, 2009. They will be accomplished in varying percentages based on wage tiers as shown below:

Less than $40,000 per year 6.25%
$40,000 to $49,999 per year 6.75%
$50,000 or more per year 7.50%

See Article XXIII Wages for the wage chart.

This Memorandum of Agreement No. 10, Concerning Economic Relief, is accepted and agreed by the parties as signed below:

FOR THE EMPLOYER: FOR THE UNION:
Missy Miller Kathy Rudolph
Judi Patterson Laurie Faliano
Bill Reynolds Tony Mulligan
Bernie Szachara Michelle Miller
Kathy Maaliki Maureen Shively
Sam DeLeo

Date signed: March 18, 2009

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MEMORANDUM OF AGREEMENT NO. 11
Concerning Circulation Call Center

In order to reduce costs in the Call Center, the following items will be implemented:

1. HOURS OF WORK

(a) The regular scheduled workweek for full-time employees in Customer Service may vary between thirty-five (35) and forty (40) hours. The regular scheduled workday may vary from five (5) to ten (10) hours Monday through Friday, and four (4) hours on Saturday and Sunday.

(b) The Employer may adjust the schedule after it has been posted to avoid the payment of overtime. The Employer will work with the Employee on adjusting the schedule, but the Employer will make the final decision on any change to the Employee’s schedule. Overtime will be paid, however, if any work exceeds ten (10) hours in a day or forty (40) hours in the work week.

(c) Employees’ schedules may include four (4) hour shifts on Saturday and/or Sunday for one month out of every three months.

2. OVERTIME

(a) Overtime will be paid if any work exceeds ten (10) hours in a day or forty (40) hours in the work week.

(b) Six or more consecutive shifts resulting from a schedule rotation will not cause the payment of time and one-half or double-time pay.

(c) Work on holidays or employee birthdays (part-timers) will be paid at straight-time rate.

3. BENEFITS

Part-time employees who are grandfathered and enrolled in medical benefits as of 10/10/09 will continue their eligibility through September 2010 regardless of hours worked. After that, eligibility will require 32 hours per week.

4. WAGES and OTHER PAYMENTS

(a) Pay scales for Customer Service Representatives in the call center and Associates in the call center and retention will be reduced by 10 cents per hour. The wage will not snap back.

(b) Merit pay may be eliminated.

(c) Commissions may be reduced.

(d) Contests may be eliminated.

5. OUTSOURCING

It is understood that the Company and the Union are united in their efforts to ensure the success of the restructured Circulation Inbound Call Center. The projected cost savings in the Inbound Call Center are based on a number of items. Some of the items can be implemented and result in immediate savings. Others, such as achieving a certain level of calls per hour and maintaining acceptable customer service levels are contingent on the successful implementation of the restructure.

In order to fully realize the projected cost savings in the Inbound Call Center and determine the restructure to be successful, the following targets must be achieved:

(a) Part-time and full-time call center representatives will handle on average a minimum of 15 actual calls per hour based on hours on the phone or the projected calls per hour based on utilization of actual calls will be at a minimum of 18 calls per hour.

(b) The inbound customer service level of customer satisfaction shall not exceed the average goal of 5% call abandonment to the live agent queue during the measurement period.

The Company will review the above performance metrics for the Inbound Circulation Call Center three times over a nine (9) month period as follows:

(a) Implementation period: The implementation period begins the first day after ratification and will be no shorter than 60 days and no longer than 90 days.

(b) First measurement period: Begins the first of the month following the implementation period and ends after three full calendar months.

(c) Second measurement period: Begins the first of the month following the first measurement period and ends after three full calendar months.

(d) Third measurement period: Begins the first of the month following the second measurement period and ends after three full calendar months.

The Company will review the performance results of each measurement period with the Union within five (5) days of obtaining the results. If there are areas that are falling below the performance metrics, the Company and the Union will discuss options and work together to improve those metrics throughout the measurement periods.

At the end of the third measurement period, if the above metrics are not being achieved on a consistent basis, the Company reserves the right to inform the Union that the Company intends to outsource the work due to inadequate metric performance with a minimum of 90 day notification prior to outsourcing the work to an outside entity.

During the first 30 days after ratification, the Company will post the new mock schedule. Within two weeks after posting the schedule, up to four (4) customer service representatives, three (3) customer service associates, and three (3) retention associates may resign or retire and the separation shall be treated and reported as a reduction in force. Full-time employees shall receive contract severance.

If outsourcing occurs, the pay scale for the remaining employees in customer service and retention shall be restored and the employees shall be eligible for all snapback provisions.

Average calls per hour will be emailed to the room on a weekly basis and the call abandonment percentage information will be emailed to the room on a daily basis.

The call abandonment results will not be negatively impacted by the assignment of customer service representatives or associates to OPU, billing and other departments.

ACCEPTED AND AGREED:

FOR THE EMPLOYER: FOR THE UNION:
Missy Miller Laurie Faliano
Bernie Szachara Kathy Rudolph
Kathy Maaliki Michelle Miller
Bill Reynolds Megan Dykhuizen
Judi Patterson Sam DeLeo
Maureen Shively
Paulette Shrefler
Tony Mulligan

Date signed: December 14, 2009

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MEMORANDUM OF AGREEMENT NO. 12
Concerning the Union-Represented Employees of the
Information Technology Department

This agreement shall govern the terms and conditions of the Denver Newspaper Guild (“Guild”), the Denver Typographical Union Local 49 (“Typographical Union”) and the Employer to transfer certain employees and job functions from the Information Technology department, formerly represented by the Typographical Union, into the Guild bargaining unit. Transferred employees will work under all terms and conditions of the Guild contract, unless different terms are specified in this Agreement.

1. Job Classifications Represented by the Guild

The following job classifications from the sub-departments of Client Services, Network, Technical Services, Telecommunications, and Publishing Systems of the Information Technology department will be transferred to the Guild:

Senior Systems Analyst / Publishing Systems
Senior Analyst/Administrator/Publishing Systems
Senior Software Engineer/Publishing Systems
Programmer Specialist/Publishing Systems
Technician (includes PC Technician, Mac Technician and TSD Technician)
Technician Trainee
Telecommunications Specialist
Network Specialist
Specialist (includes PC Specialist, Mac Specialist and TSD Specialist)
Systems Editor

2. Excluded from Guild Representation

Managers, including assistant managers and supervisors, are exempted from coverage of the collective bargaining agreement as managers and/or statutory supervisors under the National Labor Relations Act, as long as they meet the criteria for manager or statutory supervisor. However, at the time of signing of this agreement, it is agreed that the employees listed below regularly perform bargaining unit work and are members of the Union, but they are excluded from the 40 hour work week requirements.

Bill Black – Network Manager
Chris Kelson – Special Projects Manager

As members of the Union, they are not managers under the National Labor Relations Act and are not managers for purposes of contract administration. It is further agreed that at the time these employees vacate these job titles, the positions of Network Manager and Special Projects Manager will be excluded from Union representation.

3. Jurisdiction of the Union
The Guild’s jurisdiction is recognized as covering the job titles listed in Section 1 of this Memorandum of Agreement. Jurisdiction is defined as the performance of configuration, installation and preventive maintenance of the Employer’s computer and Telecommunications equipment. This does not include the performance of electronic maintenance work presently performed by other employees represented by the Guild.

The Employer retains the right to assign such work to the Union, to other employees not covered under any collective bargaining agreement, or to independent contractors or vendors to initiate, supplement, or complete the work required by the Employer for special projects, or to obtain special skills not possessed by current staff, or to handle situations where the location of the work creates inefficiencies for the core staff, or for ongoing operational needs.

It is understood that the use of vendors, independent contractors, or non-represented employees will not directly result in a loss of regular hours scheduled or a reduction of force. However, the regular schedule may vary between thirty-five (35) to forty (40) hours per week even with the use of vendors, independent contractors, or non-represented employees.

4. Recall of Employees
Should there be an increase in the force, the persons displaced through the decrease shall be placed on a rehire list for one year and reinstated in reverse order to the order in which they were laid off before any other help in the position from which they were laid off may be employed, provided the recalled employee’s skills meet the current requirements of the position as determined by the employer.

5. Seniority

(a) Priority for purposes of consideration in scheduling shall be based on the employee’s date of hire in a union-covered position within the Information Technology Department.

(b) Priority for purposes of involuntary layoff shall be date of hire in the job title. However, for purposes of determining priority for layoff, the job titles of Technician and Specialist assigned only in the Technical Services Department and/or Client Services Department shall be treated as one single job title. In the event of a layoff in one or both of these two job titles in these departments, each employee’s priority shall be established by adding the employee’s length of service in the Technician and Specialist job titles (excluding time of service in other job titles), thus determining who is least senior. If an employee in one of the two job titles that is vacated by the layoff has had prior experience with the Employer in the other job title, he or she will move into the prior job title and will receive at least the minimum then-current rate of pay for that title.

(c) Employees having seniority standing will not lose their priority rights if they:

(1) Remain in the employ of the Employer, including work outside the jurisdiction of the Union, up to a period of 90 days after leaving the Guild bargaining unit:

(a) If an employee is promoted to a non-represented supervisory or managerial position, the employee must notify the Union and the Employer in writing no more than 90 days after the promotion of his or her decision as to whether or not he or she will return to the bargaining unit or give up his or her right to return to the bargaining unit and remain a non-represented supervisor or manager.

6. Probation

An employee shall be considered to be on probation and shall not be entitled to any seniority rights until after he/she has worked ninety (90) days following his or her date of hire. The Employer may extend the employee’s probationary period another ninety (90) days or any portion thereof by mutual agreement of the Employer and Union. It is expressly understood that this section does not create any right of tenure of employment for a probationary employee. Termination of a probationary employee within the probationary period shall not be subject to grievance provisions of this contract either by the employee or by the Union. Once an employee has successfully completed probation, his or her seniority shall begin on the employee’s date of hire.

7. Wages

SCALE OF WAGES – TECHNICIANS
WEEK HOUR
October 5, 2008
March 15, 2009
$1,097
$1,015
$27.43
$25.37

(a) Wages for job titles other than Technician and Technician Trainee covered by this agreement will be no less than 5 percent greater than Technician starting pay.

(b) Technicians hired after the date of ratification of this agreement may be hired at the technician trainee scale listed in Section 6 (c) below.

(c) Technician trainees may be employed to perform routine duties.

(1) All terms of this agreement apply to journeyman trainee technicians.

(2) Technician trainees shall be paid as follows:

First (lst) Year 80% of Technician Scale
Second (2nd) Year 90% of Technician Scale
Third (3rd) Year and thereafter 100% of Technician Scale

(3) No technician trainee shall be trained on equipment where technicians have not been offered training.

(4) No technician shall be laid off because of the establishment of the technician trainee classification.

(d) The Employer agrees to pay an “On Call Premium” of $20.00 per each calendar day to the employee who is assigned responsibility for On Call Duties. “On Call Duties” are defined as periods of time when the employee is not scheduled to work but during which the employee carries a communications device and is responsible for responding to emergency calls from the office. The Premium is paid only to the employee assigned On Call Duties and is not paid to any other employees who may respond to an emergency call from the office.

7. Working Hours, Overtime

(a) Hourly Employees

(1) The regular scheduled workweek may vary between 35 and 40 hours. The regular scheduled workday may vary from five (5) to ten (10) hours. The employer will strive to create as many 40-hour situations as possible, depending on operational needs. The most senior employees in the job title will be given preference for the 40-hour situations.

(2) If the hourly employee does not remain on the premises and on-call during the lunch break, the employee is permitted up to an hour of unpaid lunch.

(3) If mutually agreed between the Manager and the employee, an employee’s lunch breaks may be placed on the regular schedule as a half-hour with the employee remaining on call.

(4) Work in excess of ten (10) hours in a day or forty (40) hours in a week (except employees exempted from overtime as specified in Section 7 (b) below) shall be paid at the rate of time and one-half the straight time rate for those hours.

(b) Salaried Employees

It is understood that the employees listed below are salaried employees exempted from overtime, but they regularly perform bargaining unit work and are members of the Union. Specialist Technicians (also known as PC and Mac Specialists), Telecommunications Specialists, Senior Programmer Analysts/Publishing Systems, Sr. Software Engineer/Publishing Systems, Sr. Analyst/administrator/Publishing Systems, Programmer Specialist/Publishing Systems, Systems Editor, and Network Specialist.

8. Callback

(a) Hourly Employees called back after the regular day’s or night’s work shall be paid for hours worked. Employees are expected to report to work as soon as reasonably possible when called back after having left the premises.

(b) Hourly employees called in to work on his or her designated day off or night off will be paid as follows:

(1) If the employee’s weekly schedule has been adjusted so that the hours for the week do not exceed forty (40), the employee will be paid one hour at straight-time rate in addition to pay at straight-time rates for the time actually worked.

(2) If the weekly scheduled is not adjusted, the employee will be paid time and one- half of the straight time rate for work in excess of ten (10) hours in a day or forty (40) hours in the week. The additional one hour will not be paid.

9. Holidays

(a) The holiday rate shall be paid for any shift starting in the period after midnight at the start of the holiday to include midnight at the end of the holiday.

(b) Christmas Eve and New Year’s Eve shall be considered the holiday in place of Christmas Day and New Year’s Day for employees having evening shifts which start after three (3) p.m. on December 24th and December 31st.

10. Vacations

(a) Every January 1, the manager shall post a vacation schedule that contains the number of slots each week open for bid, which shall be bid by department seniority. Employees may select vacation weeks in department seniority order based on the shift on which each employee works. The manager can limit the number of employees permitted to be on vacation in any week based on expected business needs.

(1) Employees may use one (1) week of their vacation in one-day-at-a-time increments and must inform the Manager of their desire to take one-day-at-a-time vacation at the time they schedule their regular vacation. Up to a total of two (2) weeks of vacation may be used in one-day-at-a-time increments by mutual consent of the Manager and the employee.

(b) The vacation period each year will be from February 1 through January 31 of the following year. However, the employee’s anniversary date of continuous employment shall determine vacation eligibility. Vacation pay during that period will be for vacation credits earned during the year ending on the preceding January 31 and will be paid on the following basis:

(1) Employees with less than three (3) years consecutive seniority as of January 31 shall receive 0.0429 hours of paid vacation for each straight-time hour paid not to exceed eighty (80) hours for any individual.

(2) Employees with three (3) years or more consecutive seniority as of January 31 shall receive 0.0607 hours of paid vacation for each straight-time hour paid, not to exceed one hundred twenty (120) hours for any individual.

(3) Employees with seven (7) years or more consecutive seniority as of January 31 shall receive 0.0803 straight-time hour paid, not to exceed one hundred sixty (160) hours for any individual.

(4) When an employee whose date of hire does not coincide with the start of the vacation year (February 1) becomes eligible for additional vacation as provided in Section 2, Paragraphs B and C above, fractional credit will be awarded by applying the currently applicable ratio to shifts worked from the start of the second and sixth full vacation years to the second and sixth anniversaries of employment and applying the next applicable ratio to shifts worked for the remainder of those vacation years. It is understood that, depending on shifts worked before and after their anniversary date, this may result in such employees receiving more than ten (10) but no more than fifteen (15) vacation days in their third vacation year and more than fifteen (15) but no more than twenty (20) days in their seventh vacation year.

(5) Employees shall receive vacation credits for overtime worked on the basis of one hour’s vacation credit for each one (1) hour worked. No employee shall receive more vacation time than granted in Subparagraphs A through C above.

(6) Seniority for purposes of vacation accruals shall be established by the employee’s date of hire with the Employer or its predecessor companies (Denver Publishing Company or The Denver Post).

(c) No later than December 1 of each year, the Manager shall post a list of available vacation time for employees throughout the regular vacation period commencing with the first of February.

(1) Selection of vacation time will start January 1 and shall be given to employees on the basis of their seniority. If an employee chooses not to exercise this right in seniority order they will be passed, but may exercise their right at any time during the ensuing selection process, while not pre-empting any claims made prior.

(2) Seniority may be exercised once up to and including February 15, though selection will be limited to three (3) weeks in prime time, understood to be the months of June, July, August and Christmas week (it being explicitly agreed that if June 1, August 31 or the Christmas holiday falls within an employee’s vacation, including days off, it counts as prime time).

(3) Vacation time not selected by employees by February 15 will be assigned by the Manager, allowing seniority as available. However, the following provisions concerning an alternate vacation schedule shall apply:

(a) An alternate schedule will be made available at the time of scheduling regular vacation. The purpose of this schedule is to allow persons to make known their desires for a given week of vacation that they were unable to post on the regular schedule and is an attempt to handle the vacation in a more equitable manner.

(b) Seniority will prevail until March 15 at midnight in posting names on this schedule. After that date, persons will be able to list their preference on a first- come, first-served basis.

(c) An employee’s name can only appear on this schedule twice at any one time.

(d) As vacancies appear on the regular vacation schedule, the next name on the alternate schedule will be transferred to the regular schedule.

(d) Except in the case of an emergency, at least one week’s notice is required to vacate a bid vacation slot for another unfilled slot. Any vacated slots on the regular vacation schedule will be posted and/or filled only by mutual agreement of the Manager and the employee in the following manner: After a vacation slot has been posted for a period of 72 hours for claim, it will be awarded the claimant with highest seniority unless it is a prime time week, in which case the seniority of employees with no prime time vacation scheduled will be recognized first.

11. Separation Pay

Upon involuntary dismissal to reduce the force, full-time employees shall receive a cash separation pay allowance in a lump sum equal to one (1) week’s pay for each six (6) months of continuous service or major portion thereof, to a maximum of twenty-six (26) weeks. Separation pay is to be computed at the highest weekly rate of pay received by the employee in the previous year. The terms “seniority” and “service” include time continuously worked since current hire date by either the Denver Rocky Mountain News or The Denver Post and all time worked for the Employer.

12. New Equipment

In the event work processes, machinery or equipment not now in use are during the life of this agreement introduced for use in producing work within the jurisdiction of the Union, either party to this agreement may seek discussion concerning the fixing of work standards for the new processes or equipment.

13. Pension

(a) Except for the current Pre-Publishing Department Participants, effective on and after the date of ratification no Participant in the DNA Typographical Pension Plan will accrue any Credited Future Service (as defined in the Plan) for Benefit Service purposes under the Plan except as noted in (b) below.

(b) Employees in the Information Technology department who were Participants in the DNA Typographical Union Pension plan as of October 1, 2009, will accrue a $132.00 pension credit (for purposes of determining Normal Retirement Benefits) under the DNA Typographical Union Pension Plan for the Plan Year beginning October 1, 2009 after working a minimum of one shift within that plan year.

(c) The DNA Typographical Union Pension Plan shall be amended to eliminate the Union members of the pension committee, to enable administration of the Plan by a committee comprised solely of Employer members, and to authorize the Employer to amend the Plan, appoint investment managers, appoint the trustee, amend the trust, set investment policy, and determine the investments in which the Plan assets are invested. Such amendment will not reduce existing benefit obligations to Participants, Retirees, or Beneficiaries of the Plan in existence at the time of the amendment.

(d) Upon this change, the Union will negotiate monthly benefits amounts with the Employer in subsequent collective bargaining agreements and will not negotiate contributions. Future benefit increases will not be precluded by the freeze of the Plan and may be negotiated depending on funding and mutual agreement by the Employer. The Employer will assume responsibility for maintaining necessary funding under all applicable laws.

(e) After the amendment to the DNA Typographical Union Pension Plan document, the Employer will make available upon request to the authorized representatives of the Guild:

(1) Periodic investment performance information regarding Plan assets, and

(2) Applications for retirement benefits for Union participants to ensure the accuracy of payments.

14. Union Security

The employees currently in the job titles identified in Section 1 of this Memorandum of Agreement or new hires into these job titles shall be required to join and/or pay appropriate fees to the Guild and may not exercise drop-out rights under Article VI, Union Security, Section 9 of this collective bargaining agreement as long as they remain in these positions.

15. Attrition List

The job guarantees and rights afforded Attrition A List employees are contained in Memorandum of Agreement No. 6 and Attachment A to that Memorandum of this collective bargaining agreement.

FOR THE EMPLOYER: FOR THE UNIONS:
Missy Miller Sam Johnson
Bernie Szachara Lester Stevens, Jr.
Bob Kinney Tony Mulligan
Kathy Maaliki

Date signed: December 3, 2009

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ATTACHMENT A
TO MEMORANDUM OF AGREEMENT 12
MEMORANDUM OF AGREEMENT
BETWEEN
BETWEEN DENVER NEWSPAPER AGENCY
AND
DENVER TYPOGRAPHICAL UNION NO. 49
Economic Relief

NOTE: Only those sections that differ from the Guild’s Economic Relief Agreement contained in Memorandum of Agreement No. 10 are listed in this Attachment.

This Memorandum of Agreement between the Denver Newspaper Agency (“the Employer”) and Denver Typographical Union No. 49 (“the Union”) is made concerning economic relief requested by the Employer. All provisions of the collective bargaining agreement (“CBA”) between the Employer and the Union not modified by this Memorandum of Agreement shall remain in effect through expiration of the CBA on October 10, 2009.

ECONOMIC RELIEF SUMMARY:

In response to the Employer’s request for economic relief, the Employer and the Union have reached the following agreement to become effective on the date of ratification of this Agreement: (For details, see subsequent paragraphs. Any contract provisions not identified or amended in this Economic Relief Agreement that conflict with the items described below shall be superseded by the provisions of this Agreement).

(a) Reduce wages by an average of 8.0%. See wage scale for specific reductions.

(b) Take five (5) unpaid furlough days each year in 2009, 2010 and 2011.

(c) Take five (5) unpaid vacation days in 2010 and 2011.

(e) Suspend the company match to the 401(k) effective March 15, 2009.

(f) Increase employee premium share for medical insurance by 2.0%.*

(g) Eliminate grandfathered medical opt-out credits.*

(h) Increase employee share of monthly premiums to 50% for dental insurance.

(i) Eliminate Health Reimbursement Account (“HRA”) payments and close accounts.*

(j) Eliminate annual payout of unused sick days.*

(k) Eliminate IT training allowance.*

* Indicates items that will not be subject to restoration under the conditions described in Section 6 (Restoration of Concessions) of this Agreement.

CONTRACT CHANGES:

SECTION 2. Article VI (Wages):

1. The minimum straight time weekly rate of pay for employees shall be:

SCALE OF WAGES
WEEK HOUR
October 5, 2008
March 15, 2009
$1,097
$1,015
$27.43
$25.37

NOTE: The above wage reduction is 7.5%. The reduction is applied as follows:

$50,000 – $59,999 7.5%
$60,000 – $69,999 7.75%
$70,000 – $79,999 8.00%
$80,000 and above 8.5%

This wage reduction will be restored when the conditions of Section 6 (Restoration of Concessions) of this Memorandum of Agreement are met.

2. Effective as soon as administratively possible after ratification, employees shall take five (5) furlough days off without pay per year for the remainder of 2009, and for 2010 and 2011. Unpaid furlough days will be posted (with the vacation schedule, if possible) by the Manager and employees can claim them by seniority. The Employer will allocate the number of unpaid furlough days to be taken by month. These days may be scheduled in five (5) –day blocks or single days, depending on operational needs. Selected dates may be changed by mutual agreement of the Employer and the employee. It is understood that if an employee is regularly scheduled to a four (4) –day work week of four (4) ten (10) –hour days, the employee will take four (4) unpaid furlough days off. These unpaid furlough days will cease to be taken January 1, 2012, or sooner if the conditions of Section 6 of this Memorandum of Agreement (Restoration of Concessions) are met.

SECTION 3. Article X (Vacations):

1. The vacation period each year will be from February 1 through January 31 of the following year. However, the employee’s anniversary date of continuous employment shall determine vacation eligibility. Vacation pay during that period will be for vacation credits earned during the year ending on the preceding January 31 and will be paid on the following basis:

(a) Employees with less than three (3) years consecutive seniority as of January 31 shall receive 0.0429 hours of paid vacation for each straight-time hour paid not to exceed eighty (80) hours for any individual. However, effective upon ratification of this Agreement, accruals will be reduced so that employees described in this Paragraph A will accrue in 2009 and 2010 vacation credits at the rate of one (1) hour earned for every fifty-two (52) hours paid up to forty (40) hours to be taken in 2010 and 2011. This vacation accrual rate will be restored to previous rates on January 1, 2011 for vacation to be accrued in 2011 for use in 2012, or when the conditions described in Section 6 (Restoration of Concessions) of this Agreement are met, whichever occurs first.

(b) Employees with three (3) years or more consecutive seniority as of January 31 shall receive 0.0607 hours of paid vacation for each straight-time hour paid, not to exceed one hundred twenty (120) hours for any individual. However, effective upon ratification of this Agreement, accruals will be reduced so that employees described in this Paragraph B will accrue in 2009 and 2010 vacation credits at the rate of one (1) hour earned for every twenty-six (26) hours paid up to eighty (80) hours to be taken in 2010 and 2011. This vacation accrual rate will be restored to previous rates on January 1, 2011 for vacation to be accrued in 2011 for use in 2012, or when the conditions described in Section 6 (Restoration of Concessions) of this Agreement are met, whichever occurs first.

(c) Employees with seven (7) years or more consecutive seniority as of January 31 shall receive 0.0803 straight-time hour paid, not to exceed one hundred sixty (160) hours for any individual. However, effective upon ratification of this Agreement, accruals will be reduced so that employees described in this Paragraph C will accrue in 2009 and 2010 vacation credits at the rate of one (1) hour earned for every seventeen (17) hours paid up to one hundred twenty (120) hours to be taken in 2010 and 2011. This vacation accrual rate will be restored to previous rates on January 1, 2011 for vacation to be accrued in 2011 for use in 2012, or when the conditions described in Section 6 (Restoration of Concessions) of this Agreement are met, whichever occurs first.

(d) When an employee whose date of hire does not coincide with the start of the vacation year (February 1) becomes eligible for additional vacation as provided in Section 2, Paragraphs B and C above, fractional credit will be awarded by applying the currently applicable ratio to shifts worked from the start of the second and sixth full vacation years to the second and sixth anniversaries of employment and applying the next applicable ratio to shifts worked for the remainder of those vacation years. It is understood that, depending on shifts worked before and after their anniversary date, this may result in such employees receiving more than ten (10) but no more than fifteen (15) vacation days in their third vacation year (no more than ten (10) vacation days in 2010 and 2011 while the terms of this Memorandum of Agreement are in effect) and more than fifteen (15) but no more than twenty (20) days (no more than fifteen (15) vacation days in 2010 and 2011 while the terms of this Memorandum of Agreement are in effect) in their seventh vacation year.

2. No later than December 1 of each year, the Manager shall post a list of available paid and unpaid vacation time (and available unpaid furlough days) for employees throughout the regular vacation period commencing with the first of February. In 2009, as soon as administratively possible after ratification of this Agreement, schedules for bidding unpaid furlough days will be posted. The scheduling of unpaid vacation days and unpaid furlough days will cease when those two concessions are restored under the conditions of Section 6 (Restoration of Concessions) of this Agreement.

(a) Selection of paid and unpaid vacation time and unpaid furlough days will start January 1 and shall be given to employees on the basis of their seniority. If an employee chooses not to exercise this right in seniority order they will be passed, but may exercise their right at any time during the ensuing selection process, while not pre-empting any claims made prior.

(b) Seniority may be exercised once up to and including February 15, though selection will be limited to three (3) weeks in prime time, understood to be the months of June, July, August and Christmas week (it being explicitly agreed that if June 1, August 31 or the Christmas holiday falls within an employee’s vacation, including days off, it counts as prime time).

(c) Vacation time not selected by employees by February 15 will be assigned by the Manager, allowing seniority as available. However, the following provisions concerning an alternate vacation schedule shall apply:

(1) An alternate schedule will be made available at the time of scheduling regular vacation. The purpose of this schedule is to allow persons to make known their desires for a given week of vacation that they were unable to post on the regular schedule and is an attempt to handle the vacation in a more equitable manner.

(2) Seniority will prevail until March 15 at midnight in posting names on this schedule. After that date, persons will be able to list their preference on a first-come, first-served basis.

(3) An employee’s name can only appear on this schedule twice at any one time.

(4) As vacancies appear on the regular vacation schedule, the next name on the alternate schedule will be transferred to the regular schedule.

SECTION 5: Article XIX (Sick Leave):

The elimination of annual payout of unused sick days will not be restored under Section 6 (Restoration of Concessions) of this Agreement.

FOR THE EMPLOYER: FOR THE UNIONS:
Missy Miller Lester Stevens, Jr.
Kathy Maaliki

Date signed: March 18, 2009

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