This contract is made this September 2, 2005, between the Daily News of Los Angeles (Los Angeles Daily News Publishing Company), and the Communications Workers of America AFL-CIO - The Newspaper Guild.
ARTICLE 3 - MANAGEMENT RIGHTS
3.1 Unless modified by this Agreement, the Employer retains all rights and prerogatives, including but not limited to the right to employ, manage and direct the work force; to schedule and assign work including overtime; to discipline, suspend or discharge for just cause; to layoff, terminate or otherwise relieve employees from duty and determine the number locations and nature of operations of the enterprise; to transfer or promote employees; to create, change, combine and abolish jobs, duties, and/or classifications; to prescribe and enforce rules it deems necessary for efficiency, safety and discipline.
3.2 The Employer specifically retains the right to subcontract any work covered by this Agreement provided, that in the event of a subcontract which may reasonably result in a layoff of employees, the Employer shall notify the Guild within two weeks of anticipated action and bargain about the effects on employees to be laid off. Failure to reach an agreement within two weeks shall not delay the Employer's action.
3.3 Any product produced or prepared, whether partially or in total for the paper, whether or not used by the paper, shall be deemed the sole and exclusive property of the paper.
ARTICLE 4 - HIRING
4.1 The Employer may fill any position at its discretion from any source, however all open positions will be posted for 10 days prior to filling the position to allow for the accepting of applications from current employees. Where management determines competency, ability, dependability and qualifications among all applicants are reasonably equal, length of service shall be the determining factor in filling the position. If a current employee who makes application for the open position is not selected, the Employer will notify' the employee of the action taken and, upon request of the employee, the Employer will meet with the employee for advisory purposes only.
4.2 The Employer shall not discriminate on the basis of race, color, religion, creed, sex, sexual orientation, national origin, marital status as defined by the California Fair Employment and Housing Act (“FEHA"), age as defined by the Age Discrimination in Employment Act, or on the basis of physical handicap, as defined by the FEHA or other California law. As used in this Agreement, all pronoun references (e.g., “he," "his," she," "her") shall be deemed to include both feminine and masculine.
4.3 The Employer shall continue its current hiring and promotion practices which have resulted in equal employment opportunities for women and members of minority groups. The Guild will cooperate with the Publisher in sharing, receiving leads and/or referrals supportive of a diverse work force.
Next Page:Article 5, Information