The following was sent by our Guild Rep Wendy Mejia to all represented employees in an email Tuesday morning, and is reprinted here in case you missed that. It reveals some of the fine points in the company’s buyout offer that everyone should consider, and explains new contract language that gives the Guild some leverage:
First, the Company cannot offer buyouts to any employee in a Guild covered position until it has the approval of the Guild (your leadership) otherwise it is considered direct dealing and an Unfair Labor Practice Charge. We are meeting with the Company on Wednesday, August 27, 2008.
Second, it depends on your employment history if the buyout offers more than if you were laid off.
Here is what the contract provides (actual contract language below)
- Four week notice to the Guild and employee or wages in lieu of notice.
- Two weeks for every year of continuous (BEE) employment, up to 40 weeks.
- 3 months of Company paid portion of COBRA
- Rehire rights
- Guaranteed unemployment benefits the day after your last day of employment
Here is what the buyout offers:
- Two weeks for every year of uninterrupted McClatchy employment up to 40 weeks, minimum of six.
- 3 months of Company paid portion of COBRA
- Or two weeks less pay if you want 12 months of Company paid portion of COBRA
- In the past there hasn’t been an issue with unemployment, we are looking into it.
So, if you have been a SAC Bee employee for 10 years and don’t need 12 months of Company paid COBRA – you would get the same severance package, plus an additional 4 weeks notice or wages.
If you are a former Neighbors employee you might think of the buyout because your service years will include Neighbors and BEE.
The key here, and thanks to the 2005/06 bargaining committee who pushed for the language is the four weeks notice and COBRA.
SECTION 6 SEVERANCE PAY
6.1 (a) Severance pay shall be paid to regular full-time employees, and regular part-time employees hired on or before March 6, 1987 in a lump sum equal to two (2) weeks’ pay for every year of full-time equivalent service (prorated for fractional years of service), up to a maximum of forty (40) weeks. Such pay shall be computed at the employee’s current rate of pay excluding any overtime, holiday pay, vacation pay, shift or job differentials or any other premium or additional compensation.
(b) Severance pay shall be paid to part-time employees hired after March 6, 1987 in a lump sum equal to two (2) weeks pay for every year of full-time equivalent service (prorated for fractional years of service) up to a maximum of four (4) weeks. Such pay shall be computed at the employee’s current rate of pay excluding any overtime, holiday pay, vacation pay, shift or job differentials or any other premium or additional compensation.
13.4 (a) Layoffs to reduce the force may be made as the needs of the Publisher require. The Publisher shall decide when and how many employees shall be laid off and its decisions on those matters shall not be subject to the provision of Section 9 of this Agreement. The Publisher will give the Guild four (4) weeks notice of any layoff and will meet with the Guild to discuss the layoff at the Guild’s request. When deciding on layoffs, the Publisher shall give consideration to the work to be done and the competency, efficiency, skills, ability, previous job performance, seniority, attendance record, training and other qualifications of employees covered by this Agreement. For former Neighbors employees, McClatchy Newspaper experience before September 1, 2002, will not be recognized for the purposes of layoff seniority. The Publisher is not required to layoff in inverse order of seniority. However, if all aforementioned qualifications are equal, the least senior employee shall be laid off.
(b) Employees on layoff and their eligible dependents covered under the Company’s group health plan will be eligible for up to three months of company paid COBRA coverage. The cost of the remaining months of COBRA coverage will be at the employee’s expense.
13.5 Within seven (7) calendar days after the employee is notified of his/her layoff, the employee dismissed to reduce the force shall notify the Publisher in writing by registered mail whether he/she wants to have his/her name placed on a rehire list. Rehire lists shall be maintained by department (Editorial and Advertising), by classification within each department and employment status. An employee who places his/her name on a rehire list shall be placed on a list for a period of one (1) year. No other persons may be hired for the jobs vacated until the laid off employee in that department, classification within that department and employment status are offered the job, unless the laid off employee fails to meet the qualification requirements specified in Section 13.3 or the laid off employees fail to accept such re-employment within fourteen (14) calendar days after notice by registered mail to his/her last know address appearing on the Publisher’s records.
6.2 Severance pay need not be paid to an employee discharged for just cause (excepting incompetence), self-provoked discharge for the purpose of collecting severance pay, to an employee who is retired from The Sacramento Bee or who leaves of his/her own volition. The payment of severance in any of these cases shall be optional with the Publisher.
6.3 From severance pay the Publisher may deduct any levy or tax to which the employee is subject under state or federal legislation.
6.4 A person re-employed who has received severance pay becomes a new employee of the Publisher as regards severance pay.