AGREEMENT

 Between

PIONEER NEWSPAPERS, INC.

And

Chicago Newspaper Guild

 CWA Local No. 34071

(Pioneer News Unit)

AGREEMENT

         This Agreement, made and entered into effective June 1, 1998, by and between Pioneer Newspapers, Inc., of Glenview, Illinois (hereinafter called the "Company") and the Chicago Newspaper Guild (Pioneer News Unit) (hereinafter called the "Union") or the "Guild", as follows.

ARTICLE I - RECOGNITION:

1.1    All full time and regular part time editorial employees employed by the Employer, but excluding executive editor, deputy executive editor, bureau chiefs, managing editors, group sports editors, group leisure arts/entertainment editors, group copy desk managers, make-up desk shift managers, group photo chiefs, promotion department employees, stringers, production employees, display advertising employees, classified ad employees, circulation employees, data processing employees, accounting employees, personnel employees, confidential employees, managerial employees, guards and supervisors as defined in the National Labor Relations Act and all other employees.

1.2    A part-time employee is one whose regular schedule is no more than 80% of the full time regular schedule.

1.3    Except as otherwise provided in this Agreement, benefits applicable to part-time employees shall be pro-rated according to the full ratio of scheduled hours upon initial employment of regular full-time hours. The average weekly number of hours actually worked by a part-time employee shall be compared with the scheduled weekly hours upon the completion of the initial thirty (30), sixty (60), ninety (90) and one hundred-eighty (180) days of employment, and shall further be compared each six (6) months thereafter.

If at any review interval the average weekly hours worked have been four (4) or more hours greater than the scheduled hours, benefits under this Agreement shall be adjusted to reflect the increase until the following review.  Upon request the Company will provide the comparisons to the Guild.

1.4    A part-time employee shall be paid on an hourly basis, which shall be calculated by dividing the minimum weekly wage for a full-time employee in the same classification with the same experience by 37-1/2.

1.5    A part-time employee shall advance on the schedule of minimum salaries and shall receive all benefits applicable to him or her depending on the length of employment with the Employer and not according to actual hours worked.

1.6        Work presently performed within the bargaining unit covered by this Agreement and new or additional work assigned to be performed within the bargaining unit will not be assigned to persons outside the bargaining unit, except when such assignments must be made in order to insure that the daily production and coverage needs of the Company are met. It is understood that when the Company determines that to meet these needs it must supplement the work regularly performed by bargaining unit personnel with work performed by non-bargaining unit persons, the Company may do so without conflict with this Agreement. It is further understood that in the event work load needs or priorities change, for example by reduction of news coverage, technology, addition of new coverage or news products, that bargaining unit personnel and resources may be reallocated to meet such needs, provided there is no conflict with other sections of this Agreement.

ARTICLE II - UNION SECURITY:

2.1    In signing this contract with the Guild the Company not only wholeheartedly recognizes the Guild as the exclusive collective bargaining agent of its editorial employees, but desires that its cooperative-relationship with the Guild shall be as constructive and beneficial as possible. The Publisher recognizes the rights of the employees to join and maintain their membership in the Guild and to accept the Guild rules concerning maintenance of their membership in good standing.

         In order that the Guild shall have greater Union security, the Company agrees that its management will not interfere with, restrain, coerce or intimidate any of its employees in the exercise of their rights to join and maintain their membership in the Guild, and will not otherwise interfere with the Guild in its proper activities as the representative of the editorial employees at Pioneer Press. If at any time the Guild shall enter a complaint that the Company is violating this obligation, the Company agrees that its management will discuss the complaint with such representative of the Guild as the Guild may designate, in a full spirit of cooperation, and if the facts support the charge, will take appropriate action to eliminate the violation. If the parties shall not be able to agree upon the facts or the conclusions to be drawn therefrom, or the action to be taken to eliminate the violation, it is agreed that at the request of either party the matter shall; be referred to a Joint Management-Union Security Committee of six (6), three to be designated by the Company and three to be designated by the Guild; and that such Committee shall, after appropriate hearings, be authorized by majority vote to determine whether or not there has been such a violation and what action shall be taken by management to eliminate the same, and such determinations shall be final and binding upon the parties hereto. In the event that a majority of such Committee shall be unable to agree, it is agreed that at the request of either party the matter shall be referred to arbitration in accordance with the provisions of Article XI, of this Agreement and the decision of such arbitrator as to such violation and the action to be taken to eliminate it shall be final and binding upon the parties, subject to the right of either party, in the manner and to the extent provided by the National Labor Relations Act, to proceed thereunder.

         Nothing in this article shall be construed so as to abridge the right of an individual employee to the Company, whether a member of the Guild or not, to continue to give legitimate expression to opinions on any subject or the right to accept and execute any editorial assignment which, in the judgment of the Company is part of the of the proper conduct of its business. Nor shall anything in this Article impair the right of the editors of Pioneer Press to develop such policies with any of its employees.

2.2    There shall be no interference nor attempt to interfere with the operations of the Guild in its proper activities as the representative of the editorial employees at Pioneer Press.

2.3    The Company will reproduce and distribute copies of this Agreement to all present members of the bargaining unit and will furnish a copy to each such newly hired employee hereafter.  The cost of reproduction including a reasonable number of copies for the Union and Company shall be shared equally by the Company and Union. The size of the contract will be 8.5 by 11 inches and will be printed by a union printer.

2.4    The Unit Chair and Shop Stewards shall be allowed reasonable time during regular working hours for the purpose of processing grievances under the contract between the Guild and Pioneer Press as well as the opportunity to meet with management during working hours to discuss Guild/Company business at the mutual convenience of the parties.  When steward meetings are held, the Unit Chair and Shop Stewards shall notify their managers as soon as reasonably possible of the meeting. During contract negotiations, to the extent that contract negotiations are conducted during time that the Unit Chair and/or Shop Stewards otherwise would be working, no more than three (3) of such persons shall be eligible to be paid.  Such persons may be selected on a meeting by meeting basis. The Guild shall notify the Company of the identity of the paid Guild negotiators, and of any changes. The concept of “mutual convenience” applies to all of 2.4.

2.5    The Company agrees to deduct from the wages due the regular Union membership dues of members of the Union and then remit the same by check to the Treasurer of the Union within fifteen (15) days after deductions are made.

         Such deductions shall be made only upon the written authorization of members of the Union, which same shall be in words and figures as follows:

         TO PIONEER PRESS, INC.:

         You are hereby authorized and directed to deduct from my wages for each pay period my regular membership dues in The Chicago Newspaper Guild.

         Such dues deduction shall be remitted by you by check to the Treasurer of the Union within fifteen (15) days after the deduction is made.

         This authorization and assignment may be revoked by me on or after the termination date of the Agreement between you and the Union or one (1) year, whichever is the lesser.

         DATED:________________________________

         (SIGNED)__________________________________

         Revocation of such dues deduction authorization may be accepted only during the first two- (2) weeks of November in each contract year.

ARTICLE III - MANAGEMENT:

3.1    The management of the business of the Company and the direction of its employees, including the right to plan, direct and control operations, to determine the size of the work force, and to hire, suspend or discharge its employees for proper cause or to transfer or relieve such employees from duty because of lack of work, or other valid reasons, shall be vested exclusively in the Company, together with the right to study and introduce other and improved methods or facilities of operating the Company's business and the right to establish and maintain rules and regulations relating to and governing the operation of that business; provided, however, that these rights shall be exercised by the Company with justice and equity and without conflict with any provisions of this Agreement.

ARTICLE IV - HIRING:

4.1    The Union and the Company agree that neither shall have or enter into an agreement with another union or company binding such other union or company not to offer or give employment to an employee of the Company.

4.2    The Company shall supply the Union on request, but no more often than every four- (4) months, with a list containing the following information for each employee:

A.                               Name, address, sex, minority group, date of birth.

                    B.               Date of hiring.

                    C.               Classification.

                    D.               Salary.

 E.                               Experience Rating.

                     F.              Number of scheduled hours for part-time employees

4.3    Within one (1) week after the hiring of new employee, the Employer shall furnish the Guild in writing the data specified in this article for each new employee.

4.4    The Company agrees there shall be no discrimination in hiring because of sexual orientation.

4.5    An employee's personnel file shall be kept in the Personnel Department. An employee may view its contents by making an appointment with the Human Resources Manager. The Employer shall furnish to the employee a copy of any criticism, commendation, appraisal or rating of such employee's performance in the employee's job or any other comment or notation regarding the employee simultaneously with its being placed in the employee's personnel file. The employee shall be allowed to place in such file a response of reasonable length to anything contained therein, which such employee deems to be adverse.

4.6    Probationary Employees: New full time employees shall be considered probationary for a period of (60) sixty working days. New part-time employees shall be considered probationary for a period of sixty (60) working days, but not to exceed ninety (90) calendar days. During the probationary period, the Company shall be the sole judge as to whether any probationary employee shall continued in employment. Probationary employees continued in employment after the probationary period has expired shall be considered regular employees. Such employees shall not acquire any seniority rights during the probationary period, but if continued in employment after the same shall have expired, the seniority of such employees shall commence with the original hiring date. Grievances may not be presented in connection with the discharge of probationary employees.

4.7    Sexual Harassment: It is the continuing policy of the Company and the Guild that all employees shall be provided a workplace free of all forms of sexual harassment. In the event that any such conduct should occur, the Company shall take corrective action as appropriate. The parties agree that the Company's policy concerning Sexual Harassment shall govern subject to the right of the Guild to grieve any discipline imposed pursuant to the grievance-arbitration procedures of this contract

ARTICLE V - SENIORITY:

5.1    Promotion and Transfers: In the event the Employer finds it necessary to fill vacancies or requires additional employees for positions covered by this contract the Employer shall post such position on all department bulletin boards. Before an opening is posted, the Employer may transfer employees within their editorial group and classification, so that the job posted may or may not be the original opening. Notwithstanding the provisions of this Article 5.1, employees may be transferred by management in order to provide needed skills to all publications. In the event there are no qualified bidders, an employee may be transferred to fill an opening. Temporary involuntary transfers may take place no more often than twice per year per person, and each such transfer will be limited to thirty (30) days. Permanent involuntary transfers will normally take place no more often than once every eighteen (18) months per person. An employee during each eighteen- (18) months will be allowed to refuse one involuntary transfer.  Once having refused such transfer to a location, the employee cannot subsequently be involuntarily permanently transferred to that location during the eighteen-month period.  In the event of layoffs involuntary transfers will be limited to one per person per calendar year. The employee will not be allowed to refuse an involuntary transfer in a layoff situation.  There shall be no punitive transfers.

         Interested employees may make known their interest to the Human Resources Manager within five (5) working days of the posting.  All interested applicants will be interviewed in order of seniority.  Openings will be filled by selection of the most qualified applicants on file with the Personnel Office. Seniority of employee applicants will be considered along with other factors in deciding whether to fill a particular opening with an employee an applicant for employment.

         In emergencies, an open job may need to be filled in less than five workdays.  In such cases, the notice will specifically state the shorter period within which employees must apply to be considered.

5.2    Layoffs and Recalls: It is the prerogative of the Publisher to determine the size and composition of the workforce, except that a part-time employee other than an editorial assistant shall not be permanently employed in a location to displace such full-time employee where sufficient hours exist to support a full-time employee; and temporary employees shall not be employed to displace regular full-time or regular part-time employees.

         There shall be no dismissal except for just cause.  Reduction in force is a just cause for dismissal and the decision to reduce the force shall not be the subject of arbitration except that the Guild may initiate arbitration of the question whether reduction in force is in fact the reason for such dismissal.

         In determining the employee or employees within a classification to be dismissed in a reduction in force, the following factors shall be considered: relative competency to do the work assigned, special abilities or qualification for the particular function and seniority.  Unless the Publisher can demonstrate a substantial difference between employees after application of one of the above criteria, the employee or employees with the greater seniority shall be retained.

         When a reduction in force is contemplated, the Company will notify the Guild in writing of its proposed action including the classification of the affected employees.  For a period of two (2) weeks thereafter, the Guild may discuss such proposed action with the Company.  During the first week of this period, the Guild may present the Company with any alternatives which it desires to be considered with a view to reducing or avoiding such layoffs, as well as any voluntary resignations within the affected classifications which may produce the required reduction.  At the end of the two (2) week period, the affected employee or employees to be laid off to reduce the force, after the impact of any such resignations and/or implementation of any alternatives to dismissal have been assessed, shall be notified.  Employees voluntarily resigning so as to avoid announced layoffs in their classification will be eligible to receive their severance pay providing a release waiving rights to recall or future employment is signed and provided the total of such resignations shall not exceed the number of jobs that were to be affected in the given classification.

         Employees scheduled to be laid off may bump into a lower classification within the bargaining unit provided the employee is presently qualified to perform the available work and has greater company seniority than the least senior employee in the lower classification.  If, however, the employee to be laid off has special skills or qualifications not possessed, in the Company’s reasonable judgment, by any other person in the classification and such skills or qualifications are needed by the Company, then the Company may retain such employee and the next least senior employee not possessing such special skills or qualifications shall be laid off.

         Recalls will be in reverse order of layoffs, provided the employee to be recalled is qualified to perform the available work. Laid off employees will be maintained on a recall list for a period of eighteen (18) months, or until they are offered recall, whichever first occurs.

5.3    Seniority means length of continuous employment, provided that any period of employment for which severance pay has actually been paid, and not refunded, shall not be counted as employment in calculating severance which may again become due after hire.  Part-time employees shall accrue seniority for layoff purposes based on compensated hours as a percentage of 1950 hours per annum.  Except as set forth elsewhere in this agreement, layoffs shall be by Company seniority within the affected classification.  Seniority is only terminated for the reasons set forth in section 5.5 and shall continue to accrue for layoff purposes during all periods of authorized leaves.

5.4    Employment shall be deemed terminated by:

A.                Dismissal for just cause, or

B.                                Resignation, or

C.                               Layoff for more than eighteen (18) months, or

D.                               Failure to return immediately upon expiration of leave of absence, or

E.                                Refusal to accept an offer of rehire into the classification in which an employee worked when laid off, or

F.                                Cashing of a separate severance check.

5.5    There shall be no dismissal of or other discrimination against an employee because of membership or activity in the Guild, nor because of refraining from such membership or activity, nor shall there be any discrimination by the Company or Guild against any employee because of age, sex, race, creed, color, national origin, physical or mental handicap unrelated to ability, unfavorable discharge from military service, nor because of the existence of a contract between the Guild and the Employer.

5.6    Labor Management Committee meetings may be scheduled between management and staff to discuss any problems of the employees or the Company as a whole, as these problems relate to the working environment.  These meetings are to facilitate communications between all employees and all levels of management. No restriction will be placed on subjects, but this is not intended to restrict the rights under the grievance procedure in any way. If matters are discussed which need attention beyond the ability of the committee to deal with, the matter may be referred to the President or his designee.

Whenever the use of protective devices or safety is mandated by OSHA or by the Company, the Company agrees to furnish such devices or equipment at no cost to the employee. The Company also agrees to provide information and training as to safety requirements and practices mandated by OSHA or the Company. The Guild agrees that unit employees are required to comply with all such applicable safety rules, practices and regulations and further agrees to inform unit employees of their obligation to be familiar and comply with such rules, practices and regulations.

To the extent that either the Guild or the Company desires to discuss safety issues, conditions or practices, such issues will be placed on the agenda of the Labor-Management Committee meetings.   The Committee may make recommendations to management concerning policies and practices necessary for a safer workplace.

The Committee will consist of a representative of the human resources department, editorial management, staff members and one Union committee person. Staff members will be rotated to involve as many staffers as possible over the long term, however, to provide continuity; the same member may attend several consecutive sessions.

A Union committee person and human resources department representative will determine the time and place for the meeting, and the matters to be covered in each meeting.

5.7    There shall be no imposition of unreasonable duties upon an employee.

5.8    The Guild shall be given one-month notice of the Employer's intent to introduce substantial new or modified equipment, machines, or processes. Disputes or problems concerning such introduction or modification shall be referred to the Labor Management Committee.

ARTICLE VI - WAGE RATES:

6.1    An employee shall be given an experience rating at the time of employment, transfer or promotion. Wages will be in accordance with Appendix A. except as provided for under 6.2.

6.2        Merit differentials shall be maintained through the term of this contract.

6.3        Step and annual contractual increases after the effective date of this contract, in accordance with minimum wage schedule, Appendix A. Step increases will occur on the anniversary date for all applicable employees.

6.4        The minimum salaries established herein are minimums only; merit may be acknowledged by increases above the minimums.

6.5    Employees from time to time may be assigned to work in other classifications.  If an employee is assigned to work one (1) or more full days in a classification having a higher minimum salary, said employee will be paid for that time at the minimum rate of that higher classification, and provided further that when that assignment is that of a Managing Editor, or a Photo Chief, the employee shall be compensated at the rate of Assistant Managing Editor, or 15% above her/his current rate, whichever is greater.

6.6    Reporters will not normally be required to take photographs and photographers will not normally be required to write copy for publication except in case of special circumstances and with prior approval of the Group Executive Editor.

6.7        All employees shall be paid each week no later than the end of the work shift on Wednesday of the workweek for the previous week. The company agrees to give the union no less than 60 days advance notice of a change of payday and/or the frequency of pay to biweekly.

6.8       Longevity:

The Company will pay an annual longevity bonus on December 1st of each year commencing in 1999 to each regular full-time employee. Regular part-time employees will be entitled to the bonus on a pro-rated basis.

         Service                            Gross bonus

           20 yr. +                         $500

           15 yr. +                         $350

           10 yr. +                         $150

ARTICLE VII - PIONEER NEWSROOM WORK WEEK:

7.1    The work week will be thirty-seven and one-half (37 1/2) hours, not including meal times, spread over four or five days.

7.2    The Employer shall pay for all overtime work at the rate of time and one-half the regular rate applicable to the employee on an hourly basis. Overtime shall be defined as work beyond the hours in the workweek, or work beyond 10 work hours in a workday for all employees.

7.3    The Employer shall keep a record of all overtime. Copies of such records will be given to the Guild on request.

7.4    An employee who is required to work on a regular scheduled day off shall be paid at the rate of time and one-half, with a minimum of four (4) hours pay at time and one-half. An employee who is required to return to work from home after the employee's work day shall be paid for the time worked, but not less than four (4) hours, at the overtime rate.

7.5    An employee regularly assigned to weekend work shall receive a 5% differential above his or her regular rate for weekend hours worked. Overtime pay for such person shall be calculated on the regular base plus 5% for all weekend hours worked.

7.6      Effective the first full week after ratification of this Agreement employees working exclusively at night will receive five- (5) percent night differential. Such individuals are defined as those working exclusively on shifts scheduled to commence on or after six (6) PM. If such employee is required to work a day shift during the week pursuant to Section 7.7 below, the employee will be paid night differential for the entire week.

7.7     Where work schedules are determined by the Employer to be operationally necessary, such schedules will be posted at least two weeks in advance. However, such schedules subsequently may be changed when the Employer's operational needs so require. In such cases, the Employer will endeavor to provide the employee with as much notice as possible.

ARTICLE VIII - HOLIDAYS:

8.1    Each employee shall have the following holidays as days off with full pay: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and two individual floating holidays.

8.11  The regular pay for a week on which no work is performed on the holiday shall be equal to the employee’s regularly weekly pay.

8.2    For purposes of computing overtime in a week in which one or more holiday fall, the holiday hours shall be considered time worked. Subject to the provisions of Section 3 below, all time worked in excess of the normal work week for full time employees as defined in Article 7.1 shall be paid for at the overtime rate.

8.3    An employee required to work on any holiday shall be paid at the rate of time and one-half, with a minimum of a full day's pay at a time and one-half rate, in addition to the employee's regular weekly salary, unless the employee takes an unpaid day off in the week.  The employer agrees not to revise work schedules for a holiday week for the purpose of avoiding overtime payments on regularly scheduled workdays other than the holiday.

8.4    If a holiday falls in an employee's vacation period the holiday may be taken off in conjunction with the vacation period or may be rescheduled for another day mutually agreeable between the employee and the managing editor.

8.5    If any of the above-listed holidays falls on Sunday, the following Monday shall be considered the holiday. If any of the holidays fall on Saturday, either the proceeding Friday or the following Monday will be considered the holiday for employees not regularly scheduled to work on Saturday.  If a holiday falls on a regularly scheduled day off other than a Saturday or Sunday, the scheduled work day prior to or following the holiday, at the direction of the Managing Editor, shall be considered the holiday, upon at least three (3) days notice to the employee.

8.6    Employees wishing to observe religious holidays not included in the schedule of holidays in this Article and/or Martin Luther King, Jr. Day, shall be allowed, at the employee's option, to use personal days or vacation days in order to allow for the observance of such holidays. The employee shall give not less than one (1) month's notice to his/her immediate supervisor as to which option the employee selects.

ARTICLE IX - VACATIONS:

9.1    Eligibility:

         Regular full time employees are entitled to annual vacations.

         Regular part-time employees who work twenty (20) hours or more per week are entitled to annual vacations on a prorated basis.
 

9.2    Schedule:

         The vacation period for each employee shall be his or her anniversary year, commencing with the anniversary of his or her hire date.

         Length of Employment:                                 Amount:                                            

         6 months                                                      1 week

         1 or 2 years                                                  2 weeks

         3 through 9 years                                          3 weeks

         10 years or more                                          4 weeks

9.3    Employees may exercise seniority in the selection of up to three (3) weeks of their vacation prior to February 1 of each year.  The Company will notify employees if the workload will not permit the vacation period selected.  The Company will post a vacation schedule as of March 1 of each year at which time vacation periods shall be considered confirmed.

9.4    Vacation is intended as a period of rest.  The parties agree that each employee should take his/her vacation time off.  If an employee has not taken all of his/her vacation in any anniversary year, such employee shall have the right to carry over up to one (1) week of unused vacation time to the first six weeks of the subsequent anniversary year.  It may be taken in conjunction with the following year’s vacation with the approval of the executive editor or his designee.  Nothing in this section shall be construed as limiting the length of an employee’s vacation, provided there is no conflict with vacation selected according to the above seniority provisions.

9.5    From time to time an employee may have need to carry over additional vacation, to schedule carryover beyond the six week period or to schedule carryover vacation in conjunction with the following year’s vacation, while generally discouraged, such employee may nonetheless make such requests to the Executive Editor who on a non-precedential basis may grant such requests at his/her discretion.

9.6    If the employment of an employee who has earned, and is entitled to, a vacation is terminated or laid off for any reason before he or she receives the vacation to which he or she is entitled he or she shall receive vacation pay upon termination of his or her employment in accordance with the above.

9.7    Employees shall continue to earn vacation time while off from work and receiving workers’ compensation but no employee may receive more than 52 weeks pay in a calendar year.

ARTICLE X - LEAVES OF ABSENCES:

10.1        Family and Medical Leave: Leave of absence (a) to care for a newborn son or daughter, (b) to care for an adopted son or daughter, (c) to care for a spouse, son, daughter or parent with a serious health condition, or (d) because of a serious health condition making an employee unable to perform his or her job functions will be provided in accordance with the Family and Medical Leave Act of 1993.  Each such leave must be authorized by the Director of Human Resources.  Family and medical leave is not intended to reduce sick leave benefits and/or disability provisions found elsewhere in this Agreement.

10.1.1     Length of Leave: A leave of absence pursuant to Section 10.1 may not exceed twelve (12) weeks during any twelve (12) month period except for a person who qualifies for Pioneer Press' Disability Income Program.  An employee on leave of absence pursuant to Section 10.1 for no more than twelve (12) weeks during any twelve (12) month period shall be entitled to reinstatement to the position the employee held prior to taking the leave or, at the discretion of the Employer, to a comparable position.

10.1.2     Paid Time Off to be Included in Leave: An employee taking an authorized leave pursuant to Section 10.1 (a), (b), or (c) must apply all remaining paid time off to the period of leave. An employee taking an extended medical disability leave (including leave for pregnancy and childbirth) pursuant to Section 10.1 (d) must apply all remaining sick days to the period of leave.  An employee who qualifies for Disability Income may be compensated in accordance with the Disability Income provisions set forth in the Appendix to this agreement, except as set forth in Section 10.1.3.

10.1.3     Reduced or Intermittent Leave: An employee requiring a reduced or intermittent leave for any reason must apply all remaining paid time off to the period of leave.  The Company may, at its discretion, temporarily transfer an employee requiring a reduced or intermittent leave to a position with equivalent pay and benefits, which better accommodates the leave.

                        10.1.4     Married Employees: Married employees taking an authorized leave under Section 10.1 (a) or (b), or to care for a sick parent under Section 10.1 (c), may take an aggregate of (12) workweeks in any twelve (12) month period.  An employee on leave who does not exceed the aggregate of (12) workweeks shall be entitled to reinstatement to the position the employee held prior to taking the leave or, at the discretion of the Employer, to a similar position.

10.1.5     Certification: Employees requesting leave under Sections 10.1 (c) or (d) are required to provide a certification from the health care provider stating the date on which the serious health condition began, its probable duration, and the appropriate medical facts within the knowledge of the health care provider.

If the leave is to care for a family member, the certification shall so state, and shall additionally include an estimate of the amount of time the employee will be needed to care for the family member.

If the leave is due to the employee's own serious health condition, the certification shall state that the employee is unable to perform the functions of the employee's position.

If intermittent leave for planned medical treatment is sought, the certification shall state the date(s) on which such treatment is expected to be given and the duration of such treatment.

The Employer may, at its own expense, request a second opinion from a second health care provider who is not employed by the Employer on a regular basis.  If the opinions conflict, the Employer may, at its own expense, request a third opinion from a jointly designated health care provider.  This third opinion shall be final and binding.

10.1.6     Notice: An employee taking a leave pursuant to Section 10.1 must provide thirty (30) days written notice of the need for such leave, if possible.  When such notice is not possible, an employee must provide notice in writing as far in advance of the requested leave as possible.  An employee is further requested to schedule planned medical treatment to the extent reasonable so that it does not unduly disrupt the Company's operation.

10.1.7     Health Care Benefits During Family Leave: The Company shall maintain an employee's health care benefits during the period of family leave at the same level of coverage the employee had when the leave began.  If an employee fails to return to work at the expiration of the family leave, for reasons other than those covered in 10.1.8 of this Section, the Company shall recover any premium(s) paid by the Company for health care coverage on behalf of the employee during the family leave.  Any uncovered premiums will be taken out of the employee's final paycheck or any other monies due the employee.

10.1.8     The Company will not recover health care benefits for employees who do not return at the expiration of the family leave if: