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Article 11: Security

ARTICLE 11

Security

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

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

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

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

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

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

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

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

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

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

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

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