1. The jurisdiction of the Guild is:
a. The kind of work presently performed within the unit covered by this Agreement.
b. Any kind of work similar in skill, or performing similar function, as the kind of work presently performed in said unit, and
c. Any other kind of work assigned to be performed within said unit except as provided elsewhere in the Agreement.
Performance of such work, whether by presently used processes or equipment or by new or modified processes or equipment, shall be assigned to employees of the Publisher covered by this Agreement except as provided elsewhere in the Agreement.
2. Employees of the Publisher who are currently represented by Portland Typographical Union No. 66 (The Typographical Union) whose names appear below ("the named guarantee holders") may be assigned to perform work within the jurisdiction of the Guild, provided that this shall not add to, subtract from or modify the Guild's jurisdiction and, provided further, that such action shall be without prejudice or precedent to either the Guild's or the Publisher's position as to the scope of the Guild's jurisdiction. The fact that the named guarantee holders also continue to perform work within the Typographical Union's jurisdiction concurrently or simultaneously with performance of work within the Guild's jurisdiction shall not result in conferral upon the Guild of jurisdiction with respect to work which is within the jurisdiction of the Typographical Union. There will be no layoff of Guild unit employees as a result of this Agreement. Any Guild jurisdictional work performed by a named guarantee holder remains part of the Guild's jurisdiction.
THE NAMED GUARANTEE HOLDERS
- Kenneth Downs
- Harold Lewis, Jr.
3. The Publisher is a content company that must be prepared to disseminate via print, wireless, pod cast, the Web, or on platforms yet to be created. Employees are working in a changing environment and with changing technologies. For example, reporters may be required to take photos, videos, prepare and up-date on-line content and engage in a variety of functions not traditionally a part of historical print journalism. Advertising sales persons may perform similar functions with respect to advertising. Nothing contained in this Agreement shall be construed as restricting such assignments for any employee covered by this Agreement.
As a result of changes in the work environment, employees may be required to perform duties and functions that have not historically been part of their job classification. By way of example, but without limitation, reporters and photographers may be required to write stories, edit news material, take photos, produce videos, audio, prepare and up-date on-line content, do voice-overs, re-purpose content and engage in a variety of functions not historically part of their job classification or, in some cases, not even traditionally a part of historical print journalism. Employees in the Advertising Department may perform similar functions with respect to advertising matter.
The Publisher commits to provide employees with the necessary training and equipment to perform such functions.
The Publisher recognizes that these duties are ancillary to the normal duties and as such employees will not have as much expertise in performing these duties and functions. This shall be taken into consideration by managers and supervisors as employee evaluations occur.
The Publisher recognizes that these ancillary duties have not been required of employees previously. While employees are not expected to be immediately proficient in all of these duties they are expected to give a fair effort and endeavor to improve over time, and an employee who meets the obligation to give a fair effort and endeavor to improve over time shall not be subject to discipline, provided further, that no employee shall be unreasonably disciplined.
The Publisher agrees to guarantee that for the term of this Collective Bargaining Agreement that no less than six (6) full-time photographers and/or graphic arts photographers shall be employed by the newspapers and that these six (6) positions shall not be eliminated due to the multiple platform and new media work of other employees.
4. The Publisher shall have the right to assign work within the jurisdiction of the Guild to persons not covered by this Agreement as outlined herein provided that such assignment shall not result in the layoff of any employee, actively employed on the day of ratification of this Agreement. The Publisher shall give the Guild not less than thirty (30) days notice of such contemplated assignment and the parties shall meet and engage in effects bargaining over these matters.
Nothing contained in Article III, Section 4 shall be construed as:
a. altering the definition of the bargaining unit and/or
b. depriving the Guild of the right to contend that persons performing any reassigned, subcontracted, or transferred work are to be included in the unit.
The parties agree that this language is not intended and does not allow the Publisher to create "shadow departments" consisting of non-union employees of the newspaper provided further that this sentence shall not be construed as limiting any rights that the Publisher had prior to the effective date of this Agreement.
No more than fifteen percent (15%) of the bargaining unit positions that exist as of the effective date of this Agreement may be assigned to persons not covered by this Agreement.
5. Managers and supervisors may perform bargaining unit work in cases of emergencies, in instances where customer inquires are elevated to their attention, for training purposes and when employees fail to report absences within two (2) hours of the start of the scheduled shift the supervisor or manager may perform the unit work of said individual as management attempts to fill that vacancy first at straight-time and at overtime as a last resort. Managers and supervisors may perform unit work in instances where employees who have reported to work are then unable to finish their scheduled shift and cannot reasonably be replaced as discussed during negotiations. In addition, a supervisor or manager may occasionally perform up to fifteen (15) minutes of bargaining unit work per shift, provided that this shall not displace any employee at work on the shift and provided further that this shall not be considered as modifying the definition of the Guild's jurisdiction.
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