ARTICLE XVI: Promotions, Job Changes And Transfers

1. a. No incumbent employee as of November 30, 2007, the date of the signing of this Agreement shall be transferred to another enterprise in the same city not related to the creation and/or production of the Portland Press Herald, or from Portland to another city, or from one city to another city, whether in the same enterprise or in another enterprise conducted by the Publisher, or by a subsidiary, related or parent company of the Publisher, without the employee’s consent. If the transfer is to a city more than forty (40) miles from the employee’s place of work, the Publisher will pay all authorized transportation and other moving expenses of the employee and his/her family.

b. Employees hired after November 30, 2007, the date of the signing of this Agreement, may be transferred for legitimate business reasons to work within a forty (40) mile radius of their current workplace as well as to and from the Augusta State House Bureau, at the direction of the Publisher. In the event a transfer is more than forty (40) miles from the employee’s current workplace and does not involve the Augusta State House Bureau, such transfer will be made by mutual consent between the Publisher and the affected employee. For transfers of forty (40) miles or more, including to the Augusta State House Bureau, the Publisher will pay all authorized transportation and other moving expenses of the employee and his/her family.

c. Nothing herein bars or prohibits the Publisher and an employee whom the Publisher wishes to transfer to another city from setting forth in writing the terms and conditions on which the transfer is being made and agreed to by the employee. However, there shall be no reduction in salary or impairment of other benefits as a result of such transfer. Where a transfer is made at the request of or for the convenience of an employee, however, the parties may mutually agree on an adjustment in salary where circumstances so warrant. An employee shall not be penalized for refusing to accept a transfer pursuant to this section.

2. Regional Circulation Depots have been and may continue to be opened within the territories of District Managers to better facilitate delivery of the product, carrier contact, district management and customer service. Such depots will be maintained by the Publisher. Notwithstanding any provisions in this Article, the Publisher shall have the right to assign Circulation Department employees to work in such depots at no additional cost to the Publisher.

3. It is understood that the main insertion operation for the Portland Press Herald and the Maine Sunday Telegram will continue to be located at the South Portland Distribution Center. Additionally, newspapers may be counted out by Circulation Department employees for carriers at the Regional Circulation Depots. Products other than the daily and Sunday newspapers may be inserted at other locations. 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 November 30, 2007, the effective date of this Agreement. The Publisher shall give the Guild a thirty (30) day notice of its intention to insert at other locations and the parties will have a good-faith discussion in an attempt to save the work. If the parties cannot reach an agreement after the thirty (30) days, the Publisher is free to subcontract the work.

4. When a vacancy occurs in a department, the publisher shall post notice of the vacancy on bulletin boards. Concurrent with posting, a copy of the notice will be provided to the Guild. Present employees will be given due consideration. Nothing herein, however, requires the Publisher to fill the vacancy from among the employees who request consideration by applying, in writing, for the job in a timely manner.

An employee promoted to a higher classification shall receive at least the minimum in the higher classification next higher than his/her pay level in the classification from which he was promoted. The Publisher has the sole right to return any employee to his former classification and prior rate of pay within the sixty (60) working day period immediately following the effective date of promotion. Any employee also has the right to elect to return to his former classification and prior rate of pay during the sixty (60) working day period immediately following the effective date of promotion.

5. When a vacancy occurs in a day position, night workers in the same classification, who apply in writing for the vacancy shall, in order of their classification seniority, be given consideration for the position. If, in the judgment of the Publisher, more than one (1) of such applicants are qualified to perform the duties of the day job, seniority shall be a significant factor in the determination of who should be moved from nights to days to fill the vacancy.

6. No employee shall be transferred by the Publisher from his/her classification to a lesser one unless (i) the employee, the Guild and Publisher agree to such transfer, (ii) the employee, after notifying the Guild, requests such transfer for his/her convenience; or (iii) such transfer is expressly permitted by this Agreement.

7. The Publisher reserves and retains its right to create and establish new jobs, combine jobs, eliminate jobs or otherwise change jobs within the unit covered by this Agreement. The Publisher shall give the Guild thirty (30) days notice of its intention to create and establish new jobs, combine existing jobs, eliminate jobs or otherwise change jobs within the bargaining unit. Should the Publisher create a new job, combine existing jobs or change jobs within the bargaining unit, it shall furnish the Guild with the new, combined or changed job description and the pay scale for such job. During such thirty (30) day period, the Guild may request a meeting with the Publisher’s representatives to discuss the impact of such combining, eliminating or otherwise changing jobs within the bargaining unit. If the parties are unable to resolve contractual issues raised by the Guild within the thirty (30) day period, the Publisher may implement its changes and the Guild, if it believes the Publisher’s action constitutes a violation of the Agreement, may submit the matter directly to arbitration under Article X (Grievance Procedure, Arbitration, No Strike – No Lockout).