COLLECTIVE AGREEMENT
between
CFCN-TV / CFRN-TV
Calgary / Edmonton
and
COMMUNICATIONS, ENERGY
AND
PAPERWORKERS UNION OF CANADA
LOCAL 899M
(CEP - CLC)
Expiry : September 30, 2004
ARTICLE 1
Intent
1.1 It is the purpose of this Agreement, in recognizing a common interest
between the Company and the Union in promoting the utmost co-operation and
friendly spirit between the Company and its employees to set forth conditions
covering rates of pay, hours of work and conditions of employment to be observed
between the Parties and to provide a procedure for prompt and equitable adjustment
of grievances. To this end, this Agreement is signed in good faith by the
two Parties.
ARTICLE 2
Definition of Bargaining unit
2.1 The Company recognizes the Union as the exclusive bargaining agent for
all persons employed in the unit defined by the Canada Labour Relations Board
in its decision of ________, and any amendments in the Unit as mutually agreed
to by the parties, or any job subsequently held to be within the bargaining
unit.
The employees covered by this Agreement shall be:
"All employees of CFRN TV Edmonton, Alberta, and all employees of CFCN TV,
Calgary, Alberta, except:
President, Vice-President/General Manager, Program Manager, Manager of Program
Development, Director of Communications, Executive Producer, Supervising
Producer, Operations Manager, Assistant Operations Manager, General Sales
Manager, Retail Sales Manager, Account Executive/Sales Person, Marketing
and Promotion Manager, Traffic Manager, Research Director, Commercial Production
Manager, Director of News and Public Affairs, News Director/Managing Editor,
Technical Producer, Technical Producer-Mobile, Director of Engineering, Manager
Engineering, Chief Engineer; Manager of Finance, Controller, Accountant,
Bookkeeper, Accounting Clerk, Payroll Administrator, Data Systems Supervisor,
IT Manager, Credit Manager, Human Resources Manager, Human Resources Coordinator/Human
Resources Assistant, Executive Secretary, Weather Host/Anchor.
2.2 Wherever in this Agreement the word, "location" is used, it shall be
defined as one of the distinct sites occupied by the television stations
referred to in Article 2.1. Specifically, CFCN-TV shall be considered to
be the Calgary location of the Company and CFRN-TV shall be considered to
be the Edmonton location of the Company.
2.3 Where in this Agreement reference is made to a job classification, it
shall mean a specific job (e.g. ENG Editor means both Senior ENG Editor and
ENG Editor) and not a group of jobs which are combined for salary classification
purposes.
ARTICLE 3
Definition of Employee
3.1 The term "employee" as used in this Agreement shall mean any person employed
in a classification included in the bargaining unit referred to in Article
2 of this Agreement.
3.2 All employees as defined in Article 3.1 above shall be covered by this
Agreement from the date of hiring.
3.3 All employees covered by this Agreement shall be considered full time
employees of the Company except as hereinafter provided.
3.4 New Job Classifications
(a) The Company shall notify the Union in writing at least twenty (20) days
prior to the formal introduction of any new job classification. Such notice
shall advise the Union of the primary duties and the salary rate of the new
job classification.
(b) Either Party to this Agreement may request that negotiations begin within
thirty (30) calendar days of the issuance of the notice outlined in (a) above,
to determine if such job classification shall be excluded from the bargaining
unit. If agreement is not reached within thirty (30) calendar days of the
request outlined above, the issue shall be referred to the Canada Industrial
Relations Board for a decision.
(c) All new job classifications included in the bargaining unit shall be
subject to further negotiations for the purpose of determining pay scales
and the Company Division in which the new job classification is to be placed.
3.5 Probationary Period
3.5.1 All new full time employees shall be probationary employees from the
date of their hiring in accordance with the following conditions:
(a) A minimum probation period of sixty (60) days worked shall apply.
(b) Should the employee’s performance not meet the level of proficiency expected
by the end of the first sixty (60) days worked, providing the Company is
reasonably satisfied the employee may improve his/her proficiency with more
guidance, then the probation period may be extended for a further period,
but not beyond a maximum of one hundred twenty (120) days worked from the
date of hiring.
(c) In exercising (b) above, the Company shall make such decision no later
than ten (10) working days prior to the expiration of the first sixty (60)
days worked and shall advise the employee and the Union, in writing, giving
reason for such extension.
(d) The probationary employee shall be entitled to all terms and conditions
contained in this Agreement, except that the Company may terminate or dismiss
the employee at any time during the initial probation period or any extension
thereof and an arbitrator shall have no jurisdiction over such termination
or dismissal.
3.5.2 Notwithstanding the provisions of Article 3.4.1
(a) above, Producer/Directors
and all Supervisors employed in bargaining unit positions shall be probationary
employees for a period of one hundred twenty (120) days worked from the date
of their hiring and further subject to the following:
(a) Prior to the end of the one hundred twenty (120) days worked and upon
notification to the Union, the Company may extend the probationary period
up to a total of two hundred forty (240) days worked from the date of hiring.
(b) In exercising (a) above, the Company shall make such decision no later
than ten (10) working days prior to the expiration of the first one hundred
twenty (120) days worked and shall advise the employee and the Union, in
writing, giving reason for such extension.
(c) All terms and conditions of this Agreement shall apply to the probationary
employee covered by Article 3.4.2, except that the Company may release the
employee at any time during the initial probation period or any extension
thereof and an arbitrator shall have no jurisdiction over such termination
or dismissal.
ARTICLE 4
Part-Time Employees
CALGARY ONLY
GENERAL
4.01 All Articles of this Collective Agreement, being Articles 1 to 47
inclusive,
shall apply to part-time employees, except as hereinafter provided.
4.02 The following Articles shall not apply to part-time employees:
Article 17 - Seniority
Article 18 - Promotions and Transfer
Article 20 - Layoff and Recall, save and except Article 20.6 which will apply
Article 25 - Technological Change
Article 26 - Hours of Work
Article 27 - Scheduling
Article 29 - Work on Days Off
Article 30 - Meal and Break Periods
Article 28 - Overtime
Article 31 - Premiums
Article 34 - Vacations
Article 35 - Holidays
Article 36 - Compensatory Leave
Article 37 - Sick Leave
Article 38 - Maternity & Parental Leave
Article 40 - Leaves of Absence
Article 44 - Health and Welfare Plan (see Article 4.35
for Health and Welfare
Benefits - Part-time employees)
Article 45 - Wages
Article 47 - Clothing Allowance
4.03 A part-time employee is defined as a person who is hired on a regular
and recurring basis. Part-time employees shall work less than forty (40)
hours per week and not more than an average of thirty two (32) during any
twelve week period. Where a part-time employee accepts employment as a “temporary
employee”, the hours worked as a temporary employee shall not be included
for the purposes of calculating average hours referred to in the preceding
paragraph.
4.04 For the purposes of Article 4.03, a temporary employee is defined as
one hired for a particular show; one who covers all child care leaves, vacation
leaves or the absence of any other employee who is temporarily absent from
work; or who is engaged for employment during peak work load periods.
4.05 A casual employee is defined as a person who is employed on an irregular
basis.
4.06 Casual employees shall not be subject to the terms and conditions of
the Collective Agreement but they shall pay Union dues in accordance with
Article 7 of this Agreement.
4.07 Article 4.04 (Part-time) to Article 4.36 (Part-time) inclusive shall
also apply to part-time employees in Calgary only.
OVERTIME
4.08 The parties recognize there are business and other operating requirements
which necessitate overtime work being performed. The Company, however, will
not require employees to work an excessive amount of overtime.
4.09 Where an employee is required to work overtime, he/she may ask to be
relieved from the overtime requirement. Where the Company determines it can
reasonably grant such a request, it will do so.
4.10 Where an employee is required to work overtime, he/she shall be compensated
for such time as follows:
(a) Secretarial, Clerical, Writer-Producers, Traffic, and Promotional Employees
For all hours worked in excess of seven and one-half (7½ ) hours in
a day and thirty seven and one-half hours in a week (37½ ), one and
one-half (1½ ) times his/her basic hourly rate.
(b) Operations and Technical
For all hours worked in excess of one hundred and twenty (120) hours over
a three (3) week period, one and one-half (1½ ) times his/her basic
hourly rate. Overtime rates shall apply for all hours worked in excess of
eight (8) hours in one day.
(c) For All Other Employees
For all hours worked in excess of eight (8) hours in a day and forty (40)
hours in a week, one and one-half (1½ ) times his/her basic hourly
rate.
4.11 All overtime, in order to qualify for overtime compensation, must be
authorized or approved in advance by a designated supervisor or department
manager.
4.12 A tour of duty shall mean the authorized and/or approved times worked
during a day, with a minimum credit based on three (3) hours at the employee's
hourly rate of basic pay. If a tour of duty extends beyond midnight of the
day on which it commenced, it shall be considered as falling wholly within
the calendar day in which it starts.
WAGE SCHEDULE AND WAGE PROVISIONS
4.13 The wage schedule for part-time employees shall be the wage schedule
set forth in Article 45 of this Agreement.
4.14 Progression up the wage schedule, based on hours worked shall occur
where the employee's performance justifies the progression.
4.15 Employees shall complete their time sheets at such times as prescribed
from time to time by the Company.
4.16 Except in the case of employees who are presently being paid on the
same days as full-time employees, part-time employees shall be paid on the
last banking day of the month.
4.17 A breakdown of overtime hours shall be shown on pay stubs.
4.18 Each year the Company will indicate, on the T4 issued to employees,
the total amount of Union dues which were deducted in respect of the taxation
year. All T4 slips will be issued no later than the last calendar day of
February.
4.19 For the purposes of computing an employee's hourly rate of basic pay,
the appropriate monthly salary shall be divided by:
(a) 173.3 for employees performing technical and operations functions.
(b) 162.5 for employees performing clerical/ administrative functions
MEAL PERIODS
4.20
(a) Employees who are scheduled to work eight (8) continuous hours shall
be entitled to the meal provisions set forth in Article 30.1
– Calgary Only.
(b) Employees who work more than ten (10) continuous hours shall be entitled
to the meal provision in Article 30.2.
4.21 Where an employee is to be assigned to a location during which a meal
period falls and where there are no meal facilities in the immediate area,
the Company shall, no later than twenty-four (24) hours in advance, notify
the employee a lunch is required.
Where meal facilities are not available in the immediate area of a location
assignment and the Company has failed to notify the employee, pursuant to
Article 4.20, the Company shall either:
(a) Allow employees sufficient added time and supply transportation where
required to travel to where meal facilities are located; or
(b) At its own expense, furnish the employees with a meal at the location.
VACATIONS AND VACATION PAY
4.22 Employees shall be entitled to annual vacations as follows:
(a) After one (1) year and including five (5) consecutive years of employment,
two (2) weeks' vacation.
(b) After six (6) consecutive years of employment, three (3) weeks' vacation.
4.23 Vacation pay shall be calculated on the basis of four per cent (4%)
in the case of employees to whom Article 4.22 (a) applies and six per cent
(6%) in the case of employees to whom Article 4.22 (b) applies.
4.24 In the event that a statutory holiday occurs during an employee's vacation
and the employee has an entitlement to the statutory holiday, one (1) additional
day for each such holiday shall be added to the employee's vacation.
4.25 In the event of the death of an employ--ee, the value of any vacation
credits which have accrued to the employee shall be paid to his/her estate.
LEGAL HOLIDAY AND PAYMENT
4.26 The following shall be paid holidays:
New Year's Day
|
Labour Day
|
|
Good Friday
|
Thanksgiving Day
|
| Victoria
Day
|
Remembrance Day
|
|
Canada Day
|
Christmas Day
|
| August Civic Holiday
|
Boxing Day
|
plus any day duly proclaimed by the Federal or Provincial Governments as
a statutory holiday.
Remembrance Day may be rescheduled to another date suitable to the Company.
4.27 An employee is not entitled to be paid for a holiday on which he/she
does not work unless he/she has worked for at least fifteen (15) days during
the thirty (30) days im-mediately preceding the holiday.
4.28 Pay for a holiday shall be calculated on the basis of the average of
the employee's daily earnings, exclusive of overtime, for the twenty (20)
days he/she has worked immediately preceding the holiday.
4.29 Where an employee is required to work on a holiday, either of the following,
as determined by the Company, shall apply.
(a) Another day shall be substituted for the holiday; or
(b) He shall be paid the holiday pay to which he/she is entitled plus one
and one-half (1½ ) times the basic hourly rate for all hours worked.
COMPANY SENIORITY
4.30 Seniority for part-time employees shall be based on actual hours worked
as a part--time employee from the date of last hire with the Company.
4.31 Where a part-time employee has been assigned to full-time status, he
or she shall be given seniority and service credit for part-time hours worked.
4.32 Part-time employees shall have seniority only with the part-time group
of employees.
4.33 Where a part-time employee has not worked for the Company during any
consecutive ninety (90) day period, he/she shall be deemed to be no longer
employed by the Company.
4.34 A part-time employee who has subsequently been hired as a full-time
employee shall serve the full-time probationary period defined in Article
-6A.1.
4.35 Cable Deletion personnel shall have seniority status under this appendix
only in respect of Cable Deletion. Nothing in this Agreement shall be construed
to mean such personnel have any entitlement in respect of full-time or part-time
positions at CFCN Television, Broadcast House. Where a part-time Cable Deletion
employee is assigned to full-time status as a Cable Deletion employee, he
or she shall be given seniority and service credit for part-time hours worked.
Cable Deletion personnel in the employ of the Company at the date of signing
this Agreement hired into a full-time position, other than Cable Deletion
shall be given fifty (50%) percent seniority and service credit for part-time
hours worked in Cable Deletion.
FULL TIME OPPORTUNITIES
4.36 Part-time employees are encouraged to apply for full-time posted positions.
Selection of an individual shall be based upon qualifications established
by the Company.
These qualifications shall, amongst other relevant factors, include experience,
skill, ability and training/education. Subject to Section
4.33, the Company
shall award the position to the applicant who, in its opinion, best meets
the qualifications established for the position.
4.37 The functions of the Company in 4.32 shall be exercised in a bona fide,
non-arbitrary and non-discriminatory manner. Where two or more applicants
are relatively equal with respect to the established qualifications, the
position shall be awarded to the employee with the most Company seniority.
4.38 Where, in the Company's opinion, there is no applicant who satisfactorily
meets the qualifications for the posted position, the Company may hire from
any source.
HEALTH AND WELFARE PLANS
4.39 Part-time employees shall be entitled to enrol in the Company's insured
Health and Welfare plans as referred to in Article 44 of this Agreement,
subject to the following conditions:
(a) Eligibility for enrolment dates shall be January 1st and July 1st of
each year.
(b) The employee must have worked an average of twenty four (24) hours per
week during the preceding six (6) month period. For greater clarity, the
employee must have work six hundred twenty four (624) hours during the qualifying
period. Notwithstanding the foregoing, employees covered by Article 30.2
(a) of this Agreement will be subject to an average of twenty two and one-half
(22½) hours per
(c) week during the preceding six (6) month period. For greater clarity,
such employees must have worked five hundred eighty five (585) hours during
the qualifying period.
(c) Assigned vacations, statutory holidays and authorized leave of absence
shall be considered as time worked for the purposes of paragraph (b) herein.
(d) the Company may, in its absolute discretion, enrol or continue to enrol
an employee in the insured Health and Welfare Plans, notwithstanding that
an employee may not qualify for enrolment or continuing enrolment pursuant
to paragraph (b) herein.
4.40 Part-time employees shall be entitled to enrol in the Company's Pension
Plan, effective as of the date the employee becomes eligible for membership
in the plan. Eligibility shall be as defined by applicable legislation.
ARTICLE 4
Part-Time Employees
EDMONTON ONLY
PART-TIME EMPLOYEES
4.1 A Part-time employee is defined as one hired to work thirty-two (32)
hours per week or less on a regular or irregular basis. It is agreed that
such hours may be averaged over a period of twelve (12) weeks.
4.1.1 Notwithstanding the provisions of Article
4.1, the following hours
worked by a part-time employee shall be excluded from the thirty-two (32)
hour limit:
(a) relief hours worked, provided the part-time employee is replacing another
employee who is on vacation or approved leave;
(b) overtime hours worked, provided such work is required for completion
of an assignment on a continuous tour of duty.
4.1.2 Any employee who exceeds the hours of work limits as set out in
4.1
above, shall become a full-time, permanent employee and shall be covered
by all provisions of this Agreement, effective the first day of the month
following the reporting period in which such excess hours occurred.
4.1.3 Where a part-time employee is engaged for a temporary period for a
specific purpose and for a limited time, the following shall apply:
(a) Any period of temporary, part-time employment shall not exceed six (6)
months in any twelve (12) month period. Notwithstanding the foregoing, the
Company may engage a temporary part-time employee to a maximum of only three
(3) consecutive months to cover a position where the Company is actively
seeking a full time permanent replacement.
(b) At time of hiring, the Company shall provide notice to the employee,
with a copy to the Union, which shall state the intended duration of employment.
(c) Group Benefits provisions of Article 44 and maternity benefits of Article
38 shall not apply to such employee during any period of temporary employment.
(d) During such period of temporary, part-time employment, the thirty-two
(32) hour restriction set out in Article 4.1 shall not apply.
4.1.4 The Company shall provide to the Union within ten (10) calendar days
of each bi-weekly pay period, with a copy to the Local Union, a report on
the following:
(a) Name, job classification and total hours worked by each part-time employee
during each of the previous twelve (12) weeks.
(b) Where the hours were accumulated as a result of the employee being assigned
to relieve another employee on vacation or approved leave, such hours shall
be shown separately. Where such hours are in excess of the maximum set out
in Article 4.1, the report shall contain the name of the employee who was
relieved.
4.2 The Company shall not engage part-time employees if such action shall
result in the elimination or displacement of an available, full-time, permanent
employee, or to avoid filling a vacancy with a full time permanent employee,
subject to the provisions of 4.1.3(a) above.
4.3 The provisions of this Agreement shall apply to part-time employees,
with the following exceptions:
(a) The termination or discharge of a part-time employee shall not be subject
to the grievance procedure contained in Article 9 of this Agreement during
the initial five-hundred (500) hours of service by said employee.
(b) Article 17 - Seniority
(c) Article 25 - Technological Change
(d) Article 20 - Lay-off and Recall, save and except
Article 20.4 which will
apply
(e) Article 45 - Salaries
(f) Any provisions of Article 27, 28 and 31
which provide a premium when
the Company fails to give advance notice of overtime or shift changes.
(g) Article 35 - Holidays
(h) Article 34 - Vacations
(i) Article 36 - Compensatory Leave
(j) Article 37 - Sick Leave
(k) Article 40 - Leaves of Absence
(l) Article 38 - Maternity and Parental Leave
(m) Article 41 - Training and Education
(n) Article 47 - Clothing Allowance
4.4 Part-time employees shall be paid at an hourly rate based on the Salary
Groups and Schedules set out in Article 45 of this Agreement, as a minimum
pay requirement and further subject to the following:
(a) At the time of hiring new part-time employees, the Company shall determine
the salary step at which such employees shall commence employment.
(b) Part-time employees shall advance at least one salary step upon accumulation
of:
(i) 1,950 hours of work in the case of employees assigned to Division 1,
or;
(ii) 2,080 hours of work in the case of employees assigned to Division 2.
4.4.1 The provisions of 4.4 above and
4.1 above shall not apply to part-time
employees engaged as Regional News Correspondents. In lieu of such minimum
pay requirement, the Company shall pay to Regional News Correspondents a
minimum amount for each news item filed as follows:
(a) Effective date of receipt of written notice of ratification - $120.00
(b) Effective October 1, 2002 - $125.00
4.4.2 In addition to the exceptions set out in Article
4.3, part-time employees
engaged as Regional News Correspondents shall not be subject to overtime
and premium provisions contained in the following Articles:
(a) Article 27 - Scheduling
(b) Article 28 - Overtime
(c) Article 29 - Work on Days Off
(d) Article 31 - Premiums
(e) Article 30 - Meal and Break Periods.
4.4.3 Notwithstanding the provisions of Article 4.4.2 (b), In the event a
Regional News Correspondent is assigned to news stories after having been
working for eight (8) hours during any day, the employee shall be paid at
the one and one-half (1 ½) times rate for each hour so assigned. For
the purposes of this Article, an hourly rate shall be determined by dividing
the news story payment by eight (8).
4.5 The following vacation and holiday provisions shall apply to part-time
employees:
(a) A part-time employee who has completed twelve (12) months of part-time
service with the Company, computed as of August 31st of each calendar year,
shall receive six percent (6%) of his/her basic wages in lieu of vacations.
(b) A part-time employee required to work on a General Holiday as set out
in Article 35.1 of this Agreement shall be paid at the appropriate overtime
rate in accordance with the provisions of Article 35 of this Agreement.
4.6 Seniority for part-time employees shall be based on actual hours worked
as a part-time employee from the date of hiring by the Company and shall
apply only where such employees are appointed to full-time status.
4.6.1 A Part-time employee who has been appointed to full-time status shall
be credited with seniority for part-time hours worked.
4.7 Where a vacancy occurs in a full-time position, the Company shall give
preference in hiring, over outside candidates, to a part-time employee, provided
the employee in question possesses equal or greater ability, skill, potential
and competence to perform the duties of the full-time position.
ARTICLE 5
Jurisdiction
CALGARY ONLY
5.1 Where the Union has a concern about the extent of work being performed
by non-bargaining unit personnel, the concern may be brought to the attention
of the Company. If requested to do so, the Company will meet with the Union
to discuss the Union's concern.
5.2 The Company shall not use a non-bargaining unit employee of the Company
to perform bargaining unit work to the extent that the same would directly
result in the layoff of a bargaining unit employee or result in a failure
to recall a bargaining unit employee on layoff who is, in the Company's opinion,
qualified to perform the work.
5.3 Where the Company engages students on practicums to perform work of a
bargaining unit classification, they shall not be used in order to replace
a bargaining unit employee or to avoid filling a vacancy.
ARTICLE 5
Jurisdiction
EDMONTON ONLY
5.1 It is recognized that circumstances and conditions exist and will continue
to exist which may necessitate the use of non-bargaining unit personnel to
carry out work covered by this Agreement, such work having been performed
exclusively by bargaining unit employees in the past.
5.2 Notwithstanding the provisions of Article
5.1, the Company agrees that
it shall not assign non-bargaining unit personnel to perform work on local
programs, newscasts and commercial productions to the extent that the same
would result in, or significantly contribute to, the lay-off or displacement
(bumping) of a bargaining unit employee in the employ of the Company as of
the date of signing of this Agreement.
5.3 The Union recognizes the Company’s right to transfer or assign any work
or functions heretofore performed by bargaining unit employees to other operations
or facilities owned by, or associated with CTV Television Inc., not covered
by this Agreement. Where such transfer or assignment of work or functions
will result in bargaining unit jobs being abolished, the following shall
apply:
(a) The Company shall determine the number of jobs to be abolished. The abolition
of jobs shall proceed in the inverse order of seniority of those employees
within the job classification affected. Layoffs resulting from such transfer
of work shall be in accordance with the provisions of Article 20 of this
Agreement.
(b) Notwithstanding the provisions of Article 20.4 of this Agreement, where
such layoff is the result of the transfer or assignment of work or functions,
the Company shall provide not less than four (4) months advance notice of
layoff, or pay in lieu thereof.
(c) An employee who receives notice of lay-off as set out in (b) above, shall
notify the Company of his/her intention to invoke his/her seniority rights
within a period of not more than ten (10) working days from the date of receipt
of such notice.
(d) An employee who has been given notice of lay-off pursuant to this Article
5.3 and who cannot, or elects not to invoke seniority rights pursuant to
this Agreement shall receive severance pay, based on three (3) weeks regular
pay for each full year of continuous service to a maximum of sixty three
(63) weeks.
(e) The notice and severance pay provisions of this Article shall apply only
to full time employees of the Company as of December 15, 1998.
5.4 Without restricting the generality of Articles 5.1, 5.2
and 5.3, it is
understood that:
5.4.1 The Company may enter into separate contracts to obtain goods and services
in the following areas:
(a) Recognized professional services such as surveys, inspections, appraisals,
legal functions and auditing functions.
(b) Janitorial and security functions.
(c) Construction, upgrading or renovations of physical plant and facilities.
(d) Maintenance of rebroadcast transmitters.
(e) Cases of expertise not resident in the bargaining unit. Wherever possible,
the Company shall make efforts to develop such expertise within the bargaining
unit.
(f) Those contracts required for a specific purpose and a limited term, although
they may be renewable, which are necessitated by commercial or program production,
which is not of an ongoing, permanent nature.
(g) Where an outside production client specifically requests the services
of a third party to perform work in connection with a production or where
it is necessary to engage a third party in order to secure a production contract.
Such services shall be limited to Director or Camera.
(h) Outside employment agency personnel may be hired by the Company to perform
the work of Secretary and Clerk/Typist job classifications and shall be excluded
from all provisions of the Collective Agreement provided that the duration
of employment is less than one (1) month. The Company shall remit on behalf
of such personnel, an amount equivalent to Union dues as set out in Article
7.3 of this Agreement.
(i) The Union agrees to allow the use of students on practicums to perform
bargaining unit work or functions when such students are assigned to work
along side a bargaining unit employee. Students shall not be used in order
to replace a bargaining unit employee on vacation, sick leave or any other
leave, or to avoid the payment of overtime or premiums to bargaining unit
employees.
(j) Real time closed captioning functions.
5.4.2 The Company shall be free to assign work or functions performed by
members of the bargaining unit to non-bargaining unit employees of the Company
on an occasional basis where a qualified bargaining unit employee is not
available to perform such work.
5.4.3 The Company shall be free to enter into personal employment contracts
with individuals who perform the functions of Program Host. Such individuals
shall be excluded from all terms and conditions of this Agreement, provided
that:
(a) the total number of such contracts shall not exceed two (2); and
(b) The Company shall pay to the Union, an amount equivalent to Union dues
as set out in Article 7.3 of this Agreement, on behalf of such individuals.
5.4.4 The Company shall not use non-bargaining unit personnel as set out
in Articles 5.4 through 5.4.3 if such action:
(a) results in the lay-off or displacement (bumping) of a bargaining unit
employee; or
(b) results in the failure to recall a laid-off bargaining unit employee;
or
(c) results in the failure to fill a full-time bargaining unit position or
a part-time position.
ARTICLE 6
Management Rights
6.1 The Union acknowledges that the Company has the exclusive right to manage
the affairs of the Company and that all rights shall remain exclusively with
the Company except as modified by a provision of this Agreement. Without
restricting the generality of the foregoing the Union acknowledges that it
is the exclusive right of the Company
(a) to set the broadcasting policy and broadcasting standards of the Company;
(b) to hire, promote, demote, lay off, transfer, reclassify and suspend employees;
and also the right of the Company to discipline or discharge any employee
for just cause, provided that a claim by an employee, who has acquired seniority,
that he/she has been disciplined, discharged or suspended without cause,
may be the subject of a grievance and dealt with as hereinafter provided;
6.2 The Union further acknowledges the right of the Company to operate and
manage its business, control its properties and maintain order on its premises
in all respects in accordance with its commitments and responsibilities.
The direction of the working forces, the amount and type of supervision necessary,
the number and types of machines and technical equipment, procedures and
standards of operations, the content of programs, judgement and evaluation
of personnel qualifications, the right to decide on the number of employees
needed by the Company at any time, operating schedules and the selection,
procurement, design and engineering of equipment which may be incorporated
into the Company's plant, including the change of any or all of the foregoing,
from time to time, control over all operations, buildings, machinery, equipment
and employees, are solely and exclusively the responsibility of the Company.
6.3 All of the above shall be exercised subject to the terms and limitations
of the provisions of this Agreement.
ARTICLE 7
Union Security and Dues
CALGARY ONLY
7.1 No employee shall be required as a condition of employment or continuing
employment to become or remain a member of the Union.
7.2 During the term of this Agreement, the Company agrees to deduct monthly
from each bargaining unit member:
(a) an amount equal to the regular union dues as established by the Union;
and
(b) any assessments in addition to the regular union dues as approved by
the members of the local union.
The Company shall be given at least thirty (30) days notice by registered
mail in the event of a change in the regular union dues and/or a request
for the deduction of an assessment.
7.3 The deductions are to be based on the gross monthly earnings of every
employee in the bargaining unit. The present rate of deductions is equal
to one and two-thirds per cent (1.666%) of gross monthly earnings. The Company
will be notified by registered mail of any changes in the present rate of
deductions.
7.4 Amounts deducted hereunder shall be paid by cheque, payable to the Union,
and remitted by mail to the Union before the 15th day of the month following
the month in which the dues have been deducted. When submitting such remittance
the Company shall provide to the Union a statement showing the following:
(a) the name and classification of each bargaining unit employee;
(b) the amount of dues deducted from each employee's base salary;
(c) the amount of dues deducted on each employee's additional earnings;
(d) the name of any employee who has left or joined the Company since the
last dues remittance.
7.5 The Union shall indemnify the Company and save it harmless from any and
all claims which may be made against the Company by an employee or employees
for amounts deducted from wages as provided by this Article.
7.6 Notwithstanding Article 7.4, it is agreed that when remitting dues, the
Company is not required to identify specific amounts which relate to over-scale
earnings of an employee assigned to Classification 11 (Anchor). However,
at no cost to the Union, there will be provided annually to the Union an
audited statement certified by a chartered accountancy firm; that the amounts
deducted from each employee within Classification 11 (anchor) and remitted
to the Union were in accordance with the provisions of Article
7.
ARTICLE 7
Union Security and Dues
EDMONTON ONLY
7.1 All employees shall become and remain members of the Union, except as
provided for in Article 8.2 of this Agreement.
7.2 Each employee shall be required, as a condition of continued employment,
to pay to the Union a sum equal to the Union's monthly dues as may be established
from time to time. Such sums shall be deducted from the employee and remitted
to the Union by the Company bi-weekly.
7.3 When submitting the remittance set out in Article
7.2, the Company shall
provide to the Union, a statement showing the name of each bargaining unit
employee, the total amount of dues deducted from each employee for the previous
biweekly pay period and the gross earnings of each employee. In addition,
such statement shall show the total amount of dues deducted from all bargaining
unit employees as a group, with a further breakdown showing the portion of
such dues that were deducted from base pay.
7.4 In the event an employee is relieved of membership in the Union under
the conditions set forth in Article 8.2, such employee shall pay the monthly
dues as set forth in Article 7.2.
7.5 The Union shall admit to its membership any employee of the Company and
shall not discriminate against any employee.
ARTICLE 8
Non-Discrimination
8.1 The Company and the Union agree that neither party will interfere with,
restrain or coerce the employees covered by this Agreement because of membership
or non-membership, or activity or non-activity on behalf of the Union.
8.2 The Company will not discriminate in respect to hiring, tenure of employment
or any term of employment against any employee covered by this Agreement
because of membership in or non-membership in or lawful activity on behalf
of the Union, nor will it encourage or discourage membership in the Union.
8.3 Employees shall enjoy equal rights under this Agreement regardless of
sex, colour, racial, ethnic or national origin or religious or political
affiliation.
8.4 The Union agrees that it will not discriminate against any employee because
of his/her non--membership in the Union.
8.5 The Union will not take action against a member of the bargaining unit
who is employed in a supervisory capacity for any action taken when carrying
on such supervisory duties for the Company, but this shall not be construed
to prevent the filing of a grievance in respect of grievable actions of any
such employee who is acting in a supervisory capacity in carrying on his/her
duties for the Company.
8.6 The Company and the Union acknowledge that every employee of the Company
is entitled to employment that is free of discrimination and sexual harassment
as defined in the Canadian Human Rights Act. The Company and the Union shall
make every reasonable effort to ensure that no employee is subjected to such
actions in the workplace.
8.7 Upon request, news employees shall be given the reason for substantive
changes to their material. Where, in the Company’s opinion it is possible
to do so, such reasons will be given before broadcast.
8.8 No criticism or retraction of an employee’s work will be broadcast without
first presenting such criticism or retraction to the employee, where, in
the Company’s opinion, it is reasonably possible to do so.
ARTICLE 9
Grievance Procedure
9.1 For the purpose of this Agreement a grievance shall be defined as any
difference between the Parties or persons bound by this Agreement regarding
the interpretation, application, administration or any alleged violation
of this Agreement.
9.2 Either Party shall inform the other, in writing, five (5) days prior
to any meeting, of any change that may be necessary in the personnel of the
Grievance Committee. The five (5) days notice may be waived upon mutual agreement
of the Parties.
9.3 All time periods referred to in the grievance and arbitration procedures
shall be considered mandatory and shall refer to working days and shall not
include Saturdays, Sundays and Company recognized holidays. All time periods
may be extended by mutual agreement of the Parties.
9.4 Where a grievance is of an individual nature, an employee shall first
give his/her Manager an opportunity to deal with his/her complaint.
9.5 If an employee, the Union, or the Company has a grievance, then an earnest
effort shall be made by the Parties hereto to settle the grievance without
delay and all grievances, disputes and misunderstandings shall be adjusted
and settled without a stoppage of work as follows:
(a) Step 1 - An employee shall submit his/her grievance to the Department
Head, or in the absence of the Department Head, to the Division Manager,
in writing. The grievance shall be submitted within ten (10) days from the
date the employee became aware or ought to have become aware of the occurrence
giving rise to the grievance. The Department Head and/or Division Manager,
on receipt of the grievance, shall attempt to settle the grievance with the
employee and the employee may, if he/she so elects, have a member of the
Union with him/her to represent or assist him/her.
A written grievance shall set out the nature of the matter complained of,
the provisions of the Agreement allegedly violated, and the remedy sought.
(b) Step 2 - If the grievance is not settled within ten (10) days of it being
initiated at Step 1, it shall be referred to the Company Grievance Committee
and the union Grievance Committee who shall attempt to resolve the grievance
within the next ten (10) days.
(c) Step 3 - If the grievance is not settled at Step 2, the grievance may,
on written notice of either Party, but within the next ten (10) days, be
submitted to arbitration by sending notice to the other Party, naming a sole
Arbitrator from one of the persons named herein. The notice of the grieving
Party submitting
the grievance to arbitration shall contain a brief statement of the nature
of the difference, controversy or dispute and identifying the Article or
Articles of the Collective Agreement alleged to have been violated.
(d) Where a grievance arises as the result of a discharge, it may be submitted
at Step 2 as set out in (b) above, within ten (10) working days of the employee
becoming aware of such discharge.
9.6 The Union Grievance Committee shall consist of not more than two (2)
members, at each location, of the local Union. It is agreed that all grievances
except policy grievances will be dealt with at the location from which they
originated. Policy grievances may be dealt with at either location.
9.7 Where a grievor is required to attend a grievance meeting with the Company,
he/she shall suffer no loss of regular pay or benefits as a result of attending
such a meeting.
9.8 Where the Union or the Company chooses to submit a policy grievance,
this grievance shall be referred to the Company Grievance Committee and the
Union Grievance Committee, who shall attempt to resolve the grievance. Any
such grievance shall be submitted within thirty (30) days from the date the
Party became aware of the occurrence giving rise to the grievance. If the
grievance is not settled within ten (10) days, the grievance may be submitted
to arbitration by sending notice to the other Party to this Agreement. Such
notice requirements are as set out in Article 9.5 (c). It is agreed that
this provision shall not be used where the matter is properly an individual
grievance.
ARTICLE 10
Arbitration
10.1 Should either party refer a grievance to arbitration pursuant to
Article
9.5 (c), it is agreed that all grievances shall be heard by a single arbitrator
unless the parties mutually agree in writing to submit any such grievance
to a three person board of arbitration.
10.2 The selection of a single arbitrator shall be on a rotating basis, provided
that if the Arbitrator selected is not available to act within sixty (60)
calendar days, the next named Arbitrator shall be requested to act in his/her
place, and so on until an Arbitrator is selected. Once an Arbitrator has
acted on a grievance, his/her name shall be placed at the bottom of the list
of Arbitrators. The selection of an Arbitrator shall be made from the following
in turn:
(a) D.P. Jones
(b) Allan Ponak
(c) Andy Sims
(d) John Moreau
10.3 Where arbitration will be by a board of arbitration, the two (2) nominees
shall, within ten (10) days of the appointment of the second of them, select
and appoint a third person to act as Chairman of the Board of Arbitration
pursuant to Article 10.2. No person shall serve as a member of a Board of
Arbitration where that person has an interest in the issue in dispute.
10.4 Where an Arbitrator determines that an employee has been improperly
discharged or disciplined, the Arbitrator may substitute such other penalty
for the discharge or discipline as the Arbitrator deems just and reasonable
in the circumstances.
10.5 A decision of an Arbitrator or a Board of Arbitration as the case may
be shall be final and binding upon the parties. The Board may not by its
decision modify, waive, abridge, alter or extend any of the terms of this
Agreement, nor render a decision which is inconsistent with the terms of
this Agreement.
10.6 Each Party to the arbitration shall bear his/her own expenses and costs
of arbitration and one-half (1/2) of the fees and expenses of the sole Arbitrator.
The Parties agree that the Union shall be responsible for payment of salary
to any employee called as a witness on behalf of the Union or grievor in
any labour arbitration or hearing.
ARTICLE 11
Strike or Lock-Outs
11.1 There shall be no strikes or lockouts during the term of this Agreement
and thereafter while negotiations are under way for a renewal or extension
thereof, and the Union shall not during the aforementioned period authorize,
call, encourage, support or take part in any strike, walk-out, stoppage,
slowing down or other cessation of work, until there has been compliance
with the requirements of the Canada Labour Code.
11.2 The Company shall not require employees to cross a picket line at any
television station, transmitter (excluding rebroadcast transmitters), studio
or station property where a legal strike or lockout of any person whose functions
correspond to those covered by this Agreement is in progress. The Company
shall not require any member of the bargaining unit to originate or feed
a program or programs not normally fed to such facility, but nothing precludes
non-bargaining unit personnel from doing so. The Company shall not require
any member of the bargaining unit to perform the duty of other workers engaged
in a lawful strike or lockout.
ARTICLE 12
Notification
12.1 The Company shall within seven (7) calendar days, mail to the designated
CEP office, with a copy to the Local Union, notification with respect to
the following:
(a) The name, job classification, hiring date and wage grid level of each
employee hired in a bargaining unit position.
(b) The name of each bargaining unit employee who is promoted or terminated.
(c) The name of each employee who is issued a Notice of Dissatisfaction.
12.2 The Company shall provide to the Union no later than thirty (30) calendar
days prior to the expiry of this Agreement, a list of employees showing their
names, job classifications, seniority and current salaries.
ARTICLE 13
Union / Company Committees
13.1 The Union and the Company shall exchange in writing, the names of their
Negotiating, Grievance, Safety, Joint Consultative Committee members and
Educational Trust Fund Trustees.
13.2 There shall be a Joint Consultative Committee at each location for the
purpose of reviewing and discussing matters of mutual concern relative to
the employees and the Company. This Committee shall not be empowered to alter
or abridge any of the terms and conditions of the Collective Agreement but
may make joint recommendations to the Union and the Company. The Committee
meetings shall be held at the call of either party on a mutually agreeable
date.
13.3 There shall be a Health and Safety Committee, comprised of two (2) representatives
of the Company and two (2) representatives of the Union at each location.
The terms of reference for the Committee shall be in accordance with the
provisions of the Canada Labour Code.
13.4 The Union agrees that whenever possible, it shall avoid the appointment
of more than one employee from a Company section to serve on a Committee
as set out in Article 13.1 above. Should it become necessary to appoint more
than one employee from a section to serve on a Committee, the Union shall
give reason(s) to the Company, in writing, explaining why such action was
necessary. A "section" is comprised of one or more employees who are responsible
to a particular supervisor.
ARTICLE 14
Union Leave
14.1 Union Representatives shall be entitled to leave without loss of pay
to attend Union/Company Committee meetings as set forth in Article 13, subject
to the following:
(a) Two (2) Representatives from Calgary and two (2) Representatives from
Edmonton, plus the Local Union President for negotiations.
(b) Two (2) Representatives from Calgary and two (2) Representatives from
Edmonton for Educational Trust Fund meetings.
(c) Two (2) Representatives at each location for Grievance, Safety and Joint
Consultative Committee meetings.
14.2 Union Representatives shall be entitled to a reasonable amount of leave,
at reasonable times, without loss of pay, to discuss and process matters
requiring immediate attention, to process any grievance and/or business arising
out of the operation of this Agreement originating only at the Union Representative’s
location.
14.3 The Company shall make a reasonable effort to ensure Union Representatives
who attend negotiating meetings and arbitration/labour board hearings are
not required to return to work if such meetings/hearings are not concluded
by 13:00 hours on the day in question, subject to operational requirements
and provided no overtime shall be incurred.
14.4 Leave without pay shall be granted for a reasonable period of time to
a Union Representative in order to conduct Union business not covered by
Articles 14.1 and 14.2 above, subject to the following:
(a) Approval for such leave shall be subject to the operational requirements
of the Company and reasonable advance notice of such leave shall be provided
by the Union.
(b) The Union shall reimburse the Company for such leave at the Union Representative’s
hourly rate for the period of the leave or the cost of replacing the Union
Representative, whichever is greater.
(c) Such leave shall not exceed a maximum aggregate total of thirty (30)
working days in any calendar year. Notwithstanding the foregoing, in a year
when a CEP National Convention is scheduled, the maximum aggregate total
of days shall be increased by ten (10) days to be used for the purpose of
attending the Convention.
14.5 "Union Representative" shall be defined as any Union member duly appointed
by the Local Union Executive Board to carry out the business of the Union.
ARTICLE 15
Bulletin Boards
15.1 The Company agrees to the posting by the Union, on Company bulletin
boards of announcements regarding elections, meetings, negotiation developments
and the internal affairs of the Union, provided that such announcement is
first submitted to the Company for authorization and authorized and such
announcement shall not be altered by either Party thereafter. Company authorization
shall not be unreasonably withheld.
ARTICLE 16
Union Access to Premises
16.1 Where an accredited Union official wishes access to the Company's premises,
he/she shall make his/her request to the Company's Manager of Human Resources
not later than twenty-four (24) hours in advance.
16.2 The time period referred to in Article 16.1 may be waived in specific
instances by arrangement between the Union representative and the Company
representative. At the time the request for access is made, the person making
the request shall indicate the reason for which access is requested.
16.3 A request made for access under this Article shall not be unreasonably
denied.
16.4 In the event the Company denies such access, it will provide its reasons
to the Union official who had made the request for access, at the time access
is denied.
ARTICLE 17
Seniority
17.1 Seniority shall be defined as the length of continuous full-time employment
from the last date of hire with the Company.
Seniority shall not be established until the probationary period or any extension
thereof as set forth in Article 4, has been served but shall then count from
the date of engagement.
17.2 Seniority will accumulate during any approved leave of absence, except
as provided in this Agreement. Seniority shall not accumulate during lay-off.
17.3 Seniority rights of an employee shall cease, all rights forfeited and
he/she shall be deemed terminated for any of the following reasons:
(a) Leaves of his/her own accord or is retired;
(b) Is discharged;
(c) Where he/she has been laid off and not re-called to work within the time
periods set forth in Article 20.8 for Calgary, in
Article 20.7 in Edmonton;
(d) He/she overstays any leave of absence granted by the Company;
(e) Fails to return to work within seven (7) calendar days from the date
the notice to return was delivered to the employee's last known address.
17.4 Seniority rights shall apply only to lay-offs, re-call of laid off employees,
promotions, transfers, salary administration, refusal of overtime and allocation
of vacations. However, in respect of promotions and transfers, the application
of seniority rights shall be in accordance with Article 18.3 of this Agreement.
ARTICLE 18
Promotions and Transfers
VACANCIES, PROMOTIONS AND TRANSFERS
18.1 Where the Company decides that a position is to be filled, the Company
shall post such vacancy at least five (5) working days in advance of filling
the position. The Company shall not be required to post vacancies for part-time
positions where the intended duration of employment is less than one (1)
month.
18.1.1 Notwithstanding the provisions of Article
18.1, the Company shall
not be required to post vacancies for part-time positions in the following
circumstances:
(a) where the duration of employment is for one (1) month or less, provided
that such position shall be posted in accordance with Article 18.1 if its
duration exceeds one (1) month; or
(c) where the hours of work are less than twelve (12) hours per week, provided
that such position shall be posted in accordance with Article 18.1 if the
hours exceed twelve (12) per week, averaged over twelve (12) consecutive
weeks.
18.2 Employees may make application for such position during the five (5)
day posting period. Applicants shall be considered on the basis of the criteria
set forth in Article 18.3. Such applications shall be made in writing to
the Manager of Human Resources or his/her designate. The Company shall acknowledge
applications in writing, stating its decision.
18.3 Promotions and transfers within the bargaining unit shall be based on
ability, skill, potential, competence and seniority; provided that where
all other factors are sufficient, seniority shall prevail.
18.4 An employee who is promoted or transferred from a classification within
the bargaining unit to another classification within the bargaining unit
shall serve a probationary period of three (3) months in the new classification.
The Company shall have the option of returning the employee to his/her former
classification during the probationary period without loss of seniority upon
its own initiative or upon the request of the employee. At the conclusion
of the successful probation period, the employee shall be advised in writing
that his/her transfer has been made permanent.
18.5 Without his/her consent, but subject to other provisions of this Agreement,
no employee shall be transferred, or re-assigned to another job classification
for a period exceeding three (3) months in any twelve (12) month period and
no employee shall be penalized for refusing such transfer or re-assignment.
It is agreed that this provision shall have no application when the Company
decides to transfer or re-assign an employee to fill a temporary vacancy
or a vacancy caused by an employee going on an extended leave of absence
(ie. sick leave, maternity, paternity leave) pursuant to the provisions of
this Collective Agreement. The foregoing shall not be considered a limitation
on the Company’s right to assign duties in the event that two (2) or more
job functions are combined.
18.5 When an employee is promoted into a higher-rated job classification,
he/she shall be placed on the higher scale at the level next highest to his/her
previous salary.
18.6 For any jobs that are posted pursuant to this Article, it is agreed
that the Company may fill such jobs temporarily in its discretion during
the posting process and until the successful applicant commences employment
in the position.
ARTICLE 19
Career Development
19.1 It is recognized by the parties that it is to the advantage of the employees
in regard to career development and that it is in the Company's interests
to maintain flexibility for employees in the performance of job functions
other than those within the classifications to which an employee is normally
assigned.
19.2 Assignment of an employee to a job other than the job the employee normally
performs will be subject to Article 32 (Upgrading).
ARTICLE 20
Layoff and Recall
CALGARY ONLY
Lay-Offs
20.1 Where lay-offs are to be made, the Company shall determine what jobs,
are to be left vacant or abolished, and the number of employees to be laid
off.
20.1.1 When lay-offs are to be made, such lay-offs shall proceed in reverse
order of Company seniority within those job classifications affected.
20.2 Any employee scheduled for layoff from one job classification who can
meet the qualifications of another job classification, as established by
the Company, may apply his/her Company seniority and revert to such classification.
The qualifications shall, amongst other relevant factors, include experience,
skill, ability, and training/education. The qualifications shall be established
in a bona fide, non-arbitrary and non-discriminatory manner.
20.2.1 An employee who wishes to apply his/her Company seniority and revert
to another job classification, shall give notification of the same in writing
to the company within seven (7) calendar days of lay-off notice having been
received. The notification shall state the job classification to which the
employee wishes to revert.
20.2.2 The right of an employee to revert as set out in Article 20.2
shall
include the right to revert to a part-time job classification, provided the
employee scheduled for lay-off has at least as much seniority as the part-time
employee whom the full-time employee seeks to displace. The employee wishing
to revert must be able to meet the qualifications as established by the Company.
When seeking to apply his/her seniority to revert/recall to part-time status,
subject to meeting the qualifications as established by the Company, the
laid-off full time employee may seek to apply his/her seniority to available
part-time hours to the extent as defined in Article
4.03.
20.2.3 The right of an employee as set forth in Article 20.2.2
shall only
be available to a qualified employee who has elected to retain his/her seniority
rights. Such an employee shall not accumulate full time seniority while employed
on a part-time basis pursuant to this Article.
20.3 The Company shall provide layoff notice to an employee and the Union
as follows:
(a) an employee who has less than one (1) year of seniority at time of layoff
shall receive two (2) weeks notice, or pay in lieu thereof; or
(b) an employee with one (1) but less than five (5) years of seniority at
time of layoff shall receive four (4) weeks notice, or pay in lieu thereof;
or
(c) an employee with five (5) but less than ten (10) years of seniority at
time of layoff shall receive five (5) weeks notice, or pay in lieu thereof;
or
(d) an employee with ten (10) or more years of seniority at time of layoff
shall receive six (6) weeks notice, or pay in lieu thereof.
20.4 The Company agrees that it will not consistently schedule overtime in
an effort to bring about or extend a layoff.
20.5 An employee who has reverted to a lower salary group as a result of
the operation of Article 20 will receive the salary of his/her higher salary
group for four (4) weeks. After this four week period, the employee's salary
will be reduced to an amount equal to the rate in his/her new job group by
years of service within the new job group, but in no event will the employee
be placed lower than the one (1) year increment level in the new job group.
20.6 An employee who has been laid-off, and who has been employed for a continuous
period of twelve (12) months or more, shall be paid severance pay at a rate
of two (2) weeks pay for each full year of continuous service with the Company.
Severance pay shall be limited to an amount represented by thirty-six (36)
weeks times the employee's basic weekly pay.
20.6.1 The above severance payment shall be deemed to include any severance
payment required pursuant to any statute. Acceptance of severance pay will
be deemed termination of employment.
20.7 While an employee is laid off, the Company will provide an extension
of medical and group insurance, with the exception of Long Term Disability,
benefit coverage for a period of six (6) months and will pay 100% of the
costs of the employee’s medical and insurance benefits contained in Article
44 for a period of six (6) months. In the event the employee secures alternative
employment within this six (6) month extension period, the aforementioned
benefits will cease. It is the responsibility of the employee to advise the
Company promptly when he/she secures other employment.
Re-Engagement
20.8 Employees will retain seniority and have recall rights as follows:
(a) Employees with less than one (1) year seniority will retain seniority
rights for six (6) months.
(b) Employees with more than one (1) year and less than five (5) years will
retain seniority rights for nine (9) months.
(c) Employees with more than five (5) years will retain seniority rights
for twelve (12) months.
20.9 When vacancies occur within a job classification, the Company agrees
to re-engage employees who have been laid off within the job classification
in order of Company seniority, provided the senior employee is then qualified
to perform the work to be performed.
20.9.1 Where a full time employee is on lay-off and a part-time position
becomes available, the Company will give first consideration to offering
the part-time position to the full time employee on lay-off, providing the
full time employee can meet the qualifications for the part-time position
as established by the Company. Such employee's seniority, and right to re-engagement
to a fulltime position shall not be affected by the employee accepting a
part-time position.
20.10 If an employee is recalled or re-engaged within six months of layoff,
seniority shall be considered unbroken.
20.11 The Company's responsibility will be considered to be fulfilled if
the Company gives notice in writing, delivered to the employee's last known
address. Once recalled, the employee must return to work within seven (7)
calendar days from the date the notice was delivered, or such longer period
as may be agreed to in writing between the Company and the employee.
ARTICLE 20
Layoff and Recall
EDMONTON ONLY
20.1 When layoffs of employment are to be made, the Company shall determine
what jobs are to be deleted and the number of employees to be laid off.
20.2 Layoffs shall proceed in the inverse order of Company seniority within
the job classification affected.
20.3 The Company shall provide layoff notice to an employee and the Union
as follows:
(a) an employee who has less than one (1) year of seniority at time of layoff
shall receive two (2) weeks notice, or pay in lieu thereof; or
(b) an employee with one (1) but less than five (5) years of seniority at
time of layoff shall receive four (4) weeks notice, or pay in lieu thereof;
or
(c) an employee with five (5) but less than ten (10) years of seniority at
time of layoff shall receive five (5) weeks notice, or pay in lieu thereof;
or
(d) an employee with ten (10) or more years of seniority at time of layoff
shall receive six (6) weeks notice, or pay in lieu thereof.
20.4 An employee who has been laid-off, and who has been employed for a continuous
period of twelve (12) months or more, shall be paid severance pay at a rate
of two (2) weeks pay for each full year of continuous service with the Company.
Severance pay shall be limited to an amount represented by thirty-six (36)
weeks times the employee's basic weekly pay.
20.4.1 The above severance payment shall be deemed to include any severance
payment required pursuant to any statute. Acceptance of severance pay will
be deemed termination of employment.
20.4.2 Where an employee does not accept severance prior to the expiry of
his/her recall period as set out in Article 20.6 of this Agreement, he/she
shall have no entitlement to severance pay.
20.5 While an employee is laid off, the Company will provide an extension
of medical and group insurance, with the exception of Long Term Disability,
benefit coverage for a period of six (6) months and will pay 100% of the
costs of the employee’s medical and insurance benefits contained in Article
44 for a period of six (6) months. In the event the employee secures alternative
employment within this six (6) month extension period, the aforementioned
benefits will cease. It is the responsibility of the employee to advise the
Company promptly when he/she secures other employment.
20.6 The Company agrees that it shall not consistently schedule overtime
in order to effect or extend layoffs.
20.7 Re-call
(a) A laid off employee shall be placed on a recall list and shall be given
an opportunity to rejoin the Company within the employee's former Functional
Group or in any position in which the employee has previous Company service
and has completed the probationary period and further provided the employee
possesses the basic occupational qualifications for the job classification
to be filled.
(b) The names of laid off employees shall be kept on the re-call list for
a period of twelve (12) months. An employee who is re-called to fill a part-time
position shall retain his/her right of re-call to a full-time position for
the full twelve (12) month period.
(c) The Company shall make a reasonable effort to notify laid off employees
of any vacancy that occurs. A registered letter to the employee's last known
address shall constitute a reasonable effort on the part of the Company.
The Company shall provide the Union with a copy of such registered letter.
20.7.1 Full time employees who are on lay off and have opted to retain recall
rights shall be offered, on the basis of seniority, all part-time and temporary
relief work for which they are available, subject to the following:
(a) Such work shall be within the employee’s former Functional Group or in
any position in which the employee has previous Company service and has completed
the probationary period and further provided the employee possesses the basic
occupational qualifications for the job classification to be filled.
(b) The employee’s entitlement to such work shall cease upon expiry of his/her
recall period.
(c) Where such work would result in overtime, the Company may assign such
work to any available employees.
20.8 Bumping Rights
(a) An employee to whom notice of layoff has been given, shall have the right
to displace (bump) a more junior employee in another job classification within
the senior employee's Functional Group, provided the senior employee meets
the basic occupational qualifications for the job classification occupied
by the less senior employee.
(b) Notwithstanding the provisions of (a) above, an employee to whom layoff
notice has been given, shall have the right to displace (bump) a more junior
employee in another job classification not within the senior employee’s Functional
Group, provided the senior employee has completed the probationary period
and further provided that the senior employee meets the basic occupational
qualifications for the job classification occupied by the less senior employee.
(c) An employee who has bumped into another job shall retain the right of
recall to a job in his/her former classification, should such a position
become available.
20.9 For the purposes of this Article, the bargaining unit shall be divided
into four (4) Functional Groups – Office, News, Technical, Production and
as more particularly outlined as follows:
(a) Office Group - general clerk, traffic clerk, switchboard/receptionist,
senior general clerk, senior traffic clerk, sales assistant, traffic supervisor,
promotion coordinator, publicity and promotion supervisor, scheduling clerk.
(b) News Group - news assistant/editorial assistant, senior news assistant/editorial
assistant, reporter/anchor, reporter/producer, sports reporter/anchor, video-journalist,
senior reporter/anchor, senior reporter/producer, senior sports reporter/anchor,
news producer, senior video-journalist, regional news producer, sports director,
assignment editor, news supervisor, senior news producer, anchor.
(c) Technical Group - general maintenance, general services supervisor, ENG
editor, ENG camera/editor, audio operator, general operator, camera/lighting
operator, ENG editor/director, TV operator, technicians, technical coordinator,
senior ENG editor, senior ENG camera/editor, senior audio operator, senior
general operator, senior camera/lighting operator, senior ENG editor/director,
senior TV operator, ENG supervisor, senior technician, senior technical coordinator,
supervisor – transmission services, alberta master control, alberta VTR,
operations supervisor, technical director – engineering
(d) Production Group - graphic artist, director/switcher, writer/producer,
production assistant, senior graphic artist, senior director/switcher, senior
writer/producer, art director, production editor, producer/director.
20.10 Salary Administration
(a) An employee who has exercised his/her rights under Article 20.7 and who
is to be placed in a lower salary classification, shall continue to receive
his/her former salary for a period of six (6) months, and then such employee
shall be placed in the new classification salary scale at the step which
is closest to but not greater than his/her previous salary step. Should an
employee's anniversary date fall within the six month period, salary advancement
shall take place on the former salary scale in accordance with the provisions
of Article 45 of this Agreement. Where no equivalent step is available in
the new classification, the employee shall be placed at the top level in
the new classification.
(b) An employee who has exercised his/her rights under Article 20.7 and who
is to be placed in an equivalent or higher salary classification shall be
placed at the closest salary step, provided that it is not higher than the
employee's former salary.
20.11 Where a laid off employee has been recalled in accordance with Article
20.7, the provisions of Article 18 of this Agreement shall not apply.
ARTICLE 21
Performance Reports
21.1 Notwithstanding the rights to discipline an employee as defined in
Article
6.1 of this Agreement, where dissatisfaction arises with respect to an employee's
work performance that could have subsequent detrimental effect on his/her
promotion or future employment, the following shall apply:
(a) The Company shall give notice in writing to such employee, confirming
the reasons for such dissatisfaction and stating action taken or to be taken.
Such notice shall be clearly marked, "Notice of Dissatisfaction" and the
Company shall make reference to Article 21.1 (c) of the Collective Agreement
in giving such notice.
(b) Such notice as outlined in (a) above, shall be given within ten (10)
working days of such dissatisfaction being brought to the attention of the
Company.
(c) The Company shall afford the employee the opportunity to reply to a Notice
of Dissatisfaction in writing, within ten (10) working days from receipt
of such notice.
(d) All written notice and any response from the employee shall become a
part of such employee's record.
(e) The Company shall notify the Union, in writing, of the name of an employee
to whom a Notice of Dissatisfaction has been served in accordance with sub-Article
(a) above. The Company shall notify the Union no later than 17:00 hours of
the next working day after the Notice of Dissatisfaction being given to the
employee.
(f) Notwithstanding the provisions of Article 9.5 (a) of this Agreement,
where the Company fails to issue notice to the Union in accordance with Article
21.1 (e) above, the time period for submission of a grievance related to
the Notice of Dissatisfaction shall not commence until such notice to the
Union is provided by the Company.
21.2 The Company agrees not to use any previous disciplinary action, against
an employee, that is more than three (3) years old.
21.3 An employee shall have access to his/her personal record in the presence
of the Manager of Human Resources or his/her designate during office hours,
within a reasonable period of time from his/her request for such access.
21.4 An employee shall have the right to have a Local Union representative
present at any discussion with a supervisor or manager where the employee
is to receive a Notice of Dissatisfaction, and/or a suspension, demotion
or discharge.
ARTICLE 22
Dismissals and Resignations
22.1 Dismissal of an employee who has successfully completed his/her probationary
period, or any extension thereof, shall only be for just cause. It is agreed
that dismissal may be subject to the grievance procedure.
22.2 An employee, when resigning, shall give the Company two (2) weeks’ notice
in writing. During the notice period, the employee shall perform his/her
duties in the normal way.
22.3 Notwithstanding anything to the contrary in this agreement, the Company
expressly reserves the exclusive right to release from employment any employee
who is assigned to the News Anchor classification (Salary Group 11 ) on the
grounds such employee’s on-air performance is, in the sole discretion of
the Company, unsuitable for programming, subject to the following:
(a) Such right to dismiss an employee shall not be used as a disciplinary
measure and shall be in addition to and not in substitution for the Company’s
rights to apply discipline, which may only be exercised for just cause.
(b) The provisions of Article 22.3 shall apply only to employees permanently
assigned to the News Anchor classification and whose primary function is
anchoring newscasts.
(c) Any employee released from employment under this provision shall receive
a minimum severance payment equal to four (4) weeks pay for each completed
year of service with the Company, up to a maximum of fifty two (52) weeks.
ARTICLE 23
Educational trust Fund
23.1 The Educational Trust Fund shall continue in effect for the term of
the Agreement.
23.2 The administration of the Fund shall be governed by the conditions set
forth in the Trust Deed as executed separately from this agreement.
23.3 The Company shall continue to pay into the Educational Trust Fund the
total employee amount of the Employment Insurance Commission premium rebate.
23.4 Eligible part-time employees, as defined in Article 4.39 (b), for both
Calgary and Edmonton, shall be eligible to access up to 20% of the funds
available for annual allocation as determined under the terms of the Trust
Deed.
ARTICLE 24
Outside Activities
24.1 The first professional obligation of the employee shall be to the Company.
24.2 Employees shall be free to engage in out-side activities, in accordance
with the following conditions:
(a) Such activities shall not be in direct competition with the business
interests of the Company; and
(b) The employee shall not utilize, without prior written permission of the
Company, any connection with the Company in the course of such activities;
and
(c) Such activities shall not adversely affect the performance of the employee's
duties for the Company; and
(d) Such activities shall not be conducted during hours for which the employee
is receiving compensation from the Company.
24.3 For the purposes of this Article, "direct competition with the business
interests of the Company" shall be defined as any activity for remuneration
involving the preparation or transmission of material for broadcast, cable
or satellite distribution; or any activity involving the preparation of material
for any print medium with which the Company is competing for advertising
revenue; or any activity or analysis involving sales of television commercial
time.
24.4 An employee shall advise the Company in advance and in writing when
he/she intends to engage in activities specified in Article 24.2 (a) through
(d) above. An employee shall be required to cease an outside activity which
violates one or more of the criteria in Article 24.2 (a) through (d) above,
except where the Company waives such criteria in writing.
24.5 No employee shall be entitled to any Illness Leave for any injury or
illness arising out of or related to outside activities covered by this Article.
ARTICLE 25
Technological Change
25.1 The provisions of this Article 25 are intended to assist employees affected
by a technological change as herein defined, to adjust to the effects of
such change.
25.2 Sections 52, 54 and 55 of the Canada Labour Code do not apply to the
Company and the Union or to any person or persons covered by the certification
and/or the scope of this Agreement.
25.3 In this section "technological change" means:
(a) The introduction by the Company into its work, undertaking or business
of equipment or material of a different nature or kind than that previously
utilized by it in the operation of the work, undertaking or business; and,
(b) a change in the manner in which the Company carries on the work, undertaking
or business that is directly related to the introduction of that equipment
or material.
25.4 The procedure for dealing with technological change that is likely to
affect the terms, conditions and tenure of employment of a significant number
of employees is as follows:
25.4.1 The Company will notify the Union of such a technological change at
least one hundred and twenty (120) calendar days prior to the date on which
such change is to be effected. Such notice shall be in writing and shall
state:
(a) the nature of the technological change;
(b) the date upon which the Company proposes to effect the technological
change;
(c) the approximate number and type of employees likely to be affected by
the technological change;
(d) the effect that the technological change is likely to have on the terms
and conditions or security of employment of the employees affected;
(e) the name of each employee likely to be affected.
Upon receipt of such notice by the Union, the parties shall arrange a meeting
within three (3) weeks for the purpose of conducting discussions relating
to technological change. This time period may be extended by mutual agreement.
25.4.2 An employee who is displaced through technological change may:
(a) seek to invoke any seniority job rights he/she holds pursuant to the
Collective Agreement; or,
(b) avail himself/herself of any training program offered by the Company
which provides retraining for employees so affected; or,
(c) accept severance pay as hereafter provided under Article 20 of this agreement.
25.4.3 Notwithstanding the provisions of
25.4.1, the 120 days notice of technological
change may be reduced upon mutual agreement of the Parties.
25.5 Where an employee has been displaced by technological change and where
there is a reasonable expectation that the employee would be able to perform
satisfactorily in another job after a reasonable training period, the Company
will provide reasonable retraining.
ARTICLE 26
Hours of Work
26.1 A tour of duty shall mean the authorized and/or approved time worked
during a day.
26.1.1 If work in a tour of duty extends beyond midnight of the day in which
it commenced, it shall be considered as falling wholly within the calendar
day in which it starts.
26.2 For the purpose of calculating hours of work under this Agreement, employees
shall be designated as follows:
(a) Secretarial/Clerical, Program Clerk, Traffic Operator/Clerk, Promotions
Assistant
NOTE: above positions subject to final agreement on bargaining unit scope
(b) All other employees
26.3 The hours of work for employees as set out in Article
26.2(a) above
shall consist of seven-and-one-half (7 1/2) hours per basic tour of duty.
The basic work week shall consist of a five (5) day week, Monday through
Friday inclusive, of thirty-seven and one-half (37 1/2) hours. Where the
demands on the service of the Company require, then the work week may consist
of any five (5) consecutive days in the week.
26.4 The hours of work for employees as set out in Article
26.2(b) shall
consist of eight (8) hours per basic tour of duty. The basic work week shall
consist of five (5) consecutive days, of forty (40) hours within any seven
(7) consecutive days.
26.5 The work week shall commence at 00:01 hours Monday and shall cease at
24:00 hours Sunday and shall be inclusive of all break periods but shall
not include meal periods.
26.6 Days Off
(a) Employees subject to a thirty seven and one-half (37 ½) hour work
week as set out in Article 26.1 (a) shall have two (2) consecutive days off
in a week, such days off normally being Saturday and Sunday.
(b) Notwithstanding the provisions of Article 26.4 above, employees subject
to a forty (40) hour work week as set out in Article 26.1
(b) and who are
required to work shifts, shall be scheduled for a minimum of two (2) consecutive
days off in each fixed twenty-one (21) day period, which in total shall provide
fifteen (15) working days and six (6) days off. The two (2) consecutive days
off may be any two (2) consecutive days. Further, such employees shall be
assigned at least one (1) day off following any period of eight (8) consecutive
days worked.
26.7 The five (5) days in any work week need not necessarily be consecutive;
they may be separated by the two (2) consecutive days off.
26.8 Nothwithstanding the conditions of this Article, staff changeovers and
emergencies may temporarily not permit the scheduling of such days consecutively.
26.9 Notwithstanding any other provisions of this collective agreement and
subject to the conditions set forth in paragraphs (a) and (b) hereof, an
employee may be assigned to a tour of duty consisting of ten (10) hours per
day and four (4) days per week.
(a) applicable overtime rates shall apply after a tour of duty of ten (10)
hours.
(b) the employee’s schedule shall be posted in advance and the period scheduled
shall be for a period of at least one (1) week.
26.10 Notwithstanding anything to the contrary in this Agreement, the following
provisions shall not apply to special assignments:
(a) Article 27.3 - Change of Starting Time
(b) Article 29 - Work on Days Off
(scheduled days off may be re-scheduled.
In such case, Article 29.1 shall not apply.)
(c) Article 30 - Meal Periods
(d) Article 31.4 - Turn-around Period
26.10.1 "Special assignments" shall be defined as:
(a) Any sports or news gathering assignment of national or international
significance, excluding coverage of spot news, where such assignment takes
place outside the province of Alberta and/or outside CFCN-TV's viewing area,
in the case of Calgary employees and/or outside CFRN-TV’s viewing area in
the case of Edmonton employees. Such viewing areas shall include rebroadcast
transmitters.
(b) Any mobile production which takes place outside the province of Alberta
and/or outside the viewing areas described in (a) above.
26.11 The Company agrees it shall attempt to engage adequate numbers of relief
personnel to cover scheduling of work during vacation periods in order to
avoid assignment of excessive hours to permanent, full-time employees.
26.12 It is agreed that Sports Reporter/Anchors working at the Company’s
Edmonton location shall have no fixed understanding concerning hours of work,
or therefore overtime payments during their basic five (5) day work week,
subject to the following:
(a) Hours worked in excess of forty (40) hours in the basic work week shall
be paid at the overtime rate.
(b) Where such employees are required to work on a sixth or seventh day of
a work week or on a General Holiday they shall be paid at overtime rates
for hours worked on those days.
(c) Notwithstanding the provisions of Article 26.1.1, where such employee’s
tour of duty extends into a day off the employee shall be paid at the appropriate
overtime rate for any hours in excess of a basic tour of duty.
Note: The above clause is further subject to the following:
1. Calgary employees classified as Writer/Producer shall be subject to a
40 hour work week as per Article 26.2 (b). This clause shall not apply to
the present incumbent (Rick Williams) who will continue to work a 37 ½
hour work week.
2. The Edmonton Promotions Supervisor shall be subject to a 40 hour work
week as per Article 26.2 (b) and shall be assigned to the supervisor level
of Salary Group 6 as set out in Article 45.
3. All Edmonton employees previously subject to a 36 ¼ hour work week
shall be subject to a 37 ½ hour work week as per Article 26.2 (a)
above. As compensation for the increased work week, such employees shall
be paid a lump sum of one thousand five hundred dollars ($1,500) upon ratification
of this Agreement.
ARTICLE 27
Scheduling
27.1 Each employee’s work schedule shall be posted in a conspicuous place
in the employee’s general work area. Such schedule shall cover a period of
three (3) weeks and shall be posted as early as possible, but in no event
later than ten (10) working days prior to the commencement of the three (3)
week period. It is the intent of the foregoing to ensure that each employee
is advised of his/her work schedule at the earliest possible time.
27.1.1 In the event that an employee’s schedule for any week is not posted
in accordance with Article 27.1, the previous work schedule shall carry over
until a new schedule is posted, subject to all provisions of this Agreement.
27.2 Schedules shall contain the start and finish times of each tour of duty
and scheduled days off.
27.3 Change of Starting Time
(a) Notice of change in starting time shall be given as much in advance as
possible, but not later than sixteen (16) hours prior to the start of his/her
next scheduled shift.
(b) When an employee is on duty, the Company will be deemed to have given
notice when such notice is posted and the Company has made every reasonable
effort to reach the employee. If the employee is off duty, the Company shall
notify the employee directly. If such notice is not given pursuant to Article
27.3 (a), the employee shall report for work as re-scheduled. He/she shall
be paid for all hours originally scheduled plus any additional hours worked
at his/her basic pay. Such payment shall be in addition to any overtime incurred
by the employee for the tour of duty in question. Notwithstanding the foregoing,
such notice shall not apply under any of the following circumstances:
(i) emergencies arising as a result of accidents or urgent and essential
work to be done to machinery, equipment or plant;
(ii) in the case of sick leave replacement.
27.4 An employee’s posted schedule may be altered by the Company giving the
employee affected notification thereof no later than five (5) working days
prior to the start of the employee’s next following work week. Where such
notification has been given, no penalties, premiums or overtime rates shall
apply.
27.5 It is the responsibility of an employee to report to the supervisor
in charge of scheduling, advising when he/she will be available for duty
following absence due to illness or physical injury. It is the Company’s
responsibility to then subsequently inform the employee of any change in
his/her schedule.
27.6 For employees regulated under Article 26.2
(b), the Company will make
a reasonable effort to schedule the work days so that there will be two (2)
consecutive days off in at least one (1) of the three (3) weeks of each fixed
posting period.
ARTICLE 28
Overtime
28.1 Overtime shall be defined as those hours worked in excess of a basic
tour of duty. All overtime, in order to qualify for overtime compensation,
must be authorized or approved by a designated supervisor or department manager.
28.2 All hours worked in excess of eight (8) hours in a day save and except
Article 26.9 (in excess of ten (10) hours in a day) shall be compensated
at the applicable overtime rates.
28.3 The basic hourly rate for overtime purposes shall be calculated as follows:
(a) For employees as set out in Article 26.2 (a):
Bi-weekly salary / 75= hourly rate
(b) For all other employees:
Bi-weekly salary / 80 = hourly rate
28.4 When an employee is required to work overtime he/she shall be compensated
at a rate of one and one-half (1½ ) times his/her basic rate.
28.4.1 Should the time worked exceed twelve (12) hours, all hours worked
in excess of twelve (12) hours will be paid at two (2) times the basic rate.
28.5 Employees shall have the right to refuse the assignment of any overtime
work in excess of the basic tour of duty or work week. No employee in exercising
the foregoing right shall be penalized for refusing to work such overtime.
The provisions of this Article shall also apply in the case of Call-back,
Work on Days Off, Work on General Holidays and Stand-by.
28.6 In the event that all qualified employees refuse the assignment of work
under provisions of Article 28.5 above, the Company shall have the right
to require the least senior qualified employee(s), in the Company’s opinion,
available on shift to perform the work.
28.7 Notwithstanding the provisions of Article 28.5 above, the Company may
require an employee to work overtime in any of the following circumstances:
(a) emergencies arising as a result of accidents or urgent and essential
work to be done to machinery, equipment or plant
(b) in the case of sick leave replacement
(c) other unforeseen or unpreventable circumstances
(d) where it is impractical to replace an employee who has commenced a specific
assignment that will extend beyond the employee’s basic tour of duty.
ARTICLE 29
Work on Days Off
29.1 When an employee works on a scheduled day off, work performed on that
day shall be compensated as follows:
(a) On the first day off - one-and-one-half (1 1/2) times the basic rate
for the first four (4) hours work-ed; and two (2) times the basic rate for
hours worked in excess of four (4) hours overtime, with a minimum credit
of four (4) hours.
(b) On the second day off - provided the first day off has been worked, an
additional one-half (1/2) times the basic rate in addition to the rates outlined
in (a) above, with a minimum credit of four (4) hours.
(c) In the event an employee is entitled to more than two (2) consecutive
days off and work is performed on more than one (1) of such days off, all
work on any subsequent days off shall be paid at an additional one-half (1/2)
times the basic rate, with a minimum credit of four (4) hours.
29.2 Nothing herein precludes an employee and his/her supervisor from mutually
agreeing to change an employee’s scheduled day off and in such case the overtime
provision as in Article 29.1 shall not apply.
29.3 This article is subject to Article 35.3 with respect to work on a paid
holiday.
ARTICLE 30
Meal and Break Periods
30.1 CALGARY ONLY - First Meal Period
(a) To all tours of duty a first meal period of thirty (30) minutes duration
shall be assigned, where it is practical to do so, at a time approximately
half-way during an employee's basic tour of duty, but shall commence not
more than one (1) hour before or one (1) hour after such half-way point.
(b) Where this first meal period is not assigned the employee will be credited
with all hours actually worked at the appropriate rate. In addition, the
employee will be credited with one?half (½) hour at the employee's
basic hourly rate added to his/her tour of duty worked.
This provision should not apply to News personnel when engaged in off?premises
assignments of a local nature. In such cases, the existing practice will
apply.
30.1 EDMONTON ONLY - First Meal Period
(a) A meal period shall consist of one hour and shall normally be taken between
12:00 hours and 13:00 hours except as otherwise provided for shift workers.
(b) Notwithstanding the provisions of Article 30.1 (a) above the Company
may assign a half-hour meal period under the following conditions:
(i) The employee is engaged in shift work where it is not practical to provide
relief for a one hour meal period; or
(ii) Where the employee and his/her supervisor mutually agree that a half-hour
meal period is acceptable to them.
(c) Meal Displacement Premium
(i) A Meal Displacement Premium equivalent to one-half (1/2) hour at the
basic rate shall be paid to an employee, in addition to any other premiums
or payments received under this Agreement, when he/she does not receive a
meal period within the time period commencing not more than one (1) hour
before or one (1) hour after the half-way point of his/her basic tour of
duty.
(ii) A Meal Displacement Premium equivalent to one-half (1/2) hour at the
basic rate shall be paid to an employee, in addition to any other premiums
or payments received under this Agreement, when he/she does not receive a
meal period during his/her basic tour of duty.
30.2 CALGARY AND EDMONTON - Second and Subsequent Meal Periods
(a) A second unpaid meal period of thirty (30) minutes duration shall be
normally assigned in tours of duty of more than ten (10) hours.
(b) A subsequent paid meal period of thirty (30) minutes shall be normally
assigned within the fourth (4th) hour after the completion of second or prior
subsequent meal period.
(c) In the event that the second or subsequent meal break cannot be taken
during the tour of duty, an employee shall have one?half (½ ) hour
at his/her basic hourly rate added to the end of his/her tour of duty for
either the second or subsequent meal break in addition to any other premiums
or payments received under this Agreement.
(d) Second and subsequent meal periods shall not be included in the hourly
overtime computation.
(e) A meal payment of eight dollars ($8.00) shall be paid to an employee
to compensate for the cost of the second and each subsequent meal, in addition
to any other premiums or payments received under this Agreement. Notwithstanding
the foregoing, no such compensation shall be paid when the employee is furnished
with an appropriate meal.
30.3 Where meal facilities are not available in the immediate area of a location
assignment the Company shall either:
(a) Allow employees sufficient added time and supply them with adequate transportation
to travel to the nearest establishment where meal facilities are located;
or
(b) At its own expense, furnish the employees with a meal at the location.
30.4 The parties recognize the principle of coffee breaks. It is further
recognized that it is not practical to prescribe specific time periods or
coffee breaks. Accordingly, the parties agree that the existing flexible
arrangement will continue in effect. The arrangement shall not be abused.
30.5 No employee shall leave the Company's premises during working hours
other than during the meal period, without first obtaining permission of
his/her Department Head or Supervisor.
ARTICLE 31
Premiums
31.1 Call-Back
(a) Any employee called back to work, having left his/her place of work on
the day in question, shall be paid at one and one?half (1½ ) times
his/her basic hourly rate with a minimum guarantee of four (4) hours.
(b) All hours worked in excess of four (4) hours during a call-back shall
be paid at two (2) times the basic hourly rate.
(c) An employee who works more than four (4) hours on a call?back shall be
entitled to the meal provisions as contained in Article 30.2 of this Agreement.
(d) Call-back on Christmas Day, notwithstanding the foregoing, shall be paid
at the triple time (3X) rate.
31.2 Stand-by
(a) Employees may be designated as being on "Stand-by", which shall mean
such employees are immediately available and able to return to work.
(b) An employee designated as being on Stand-by shall be paid a premium of
one-quarter (1/4) times his/her basic hourly rate for those hours designated
as Stand-by. The overtime provisions of Article 28 of this Agreement shall
apply to actual hours worked if the employee on stand-by is called to work,
however, the call back provisions of Article 31.1 shall not apply. The stand-by
premium shall not apply to actual hours worked.
(c) When an employee is designated as being on Stand-by and such designation
is not provided to the employee by the end of his/her tour of duty prior
to the Stand-by period, the employee shall be paid a premium of one-quarter
(1/4) times his/her basic hourly rate in addition to the premium outlined
in (b) above.
(d) Any employee who is designated as being on Stand-by and who is not available
for work when called during the Stand-by period shall receive no compensation
for any hours of Stand-by.
31.3 Night Differential
(a) Employees who are scheduled to work tours of duty, any portion of which
falls between 00:30 hours and 06:00 hours, shall receive a premium of two
dollars ($2.00) per hour for the hours so worked.
(c) The minimum differential payment under this Article shall be two dollars
($2.00) per tour. Night shift differential shall not be deemed overtime or
part of the base pay.
31.4 Turn-Around Period
(a) An employee who works regularly posted tours of duty shall be entitled
to a minimum of twelve (12) consecutive hours off from the end of the last
work performed, before resuming work on a new tour.
(b) An employee who does not receive the minimum off duty hours specified
in (a) above shall be paid a Turn Around Premium of one-half (1/2) times
the basic hourly rate in addition to his/her salary, for the hours worked
during what would have otherwise been off duty time.
(c) Notwithstanding the provisions of (a) and (b) above, the Turn Around
Premium shall not apply:
i) where one or more employees request or agree to a shift change or shift
pattern and such change is approved by the supervisor, or
ii) on a shift where an employee is released from duty or re-scheduled to
attend negotiations or grievance meetings with management.
ARTICLE 32
Upgrading
32.1 In the event that an employee is temporarily assigned to perform a job
within a higher job classification than that to which he/she is normally
assigned, or to act in a supervisory position, he/she shall be paid as follows:
(a) Where the temporary assignment is of a duration of one-half (1/2) a tour
of duty or longer - ten dollars ($10.00) per occasion; or
(b) Where the temporary assignment is of a duration of less than one-half
(1/2) a basic tour - five dollars ($5.00) per occasion.
(c) At the time of such assignment, an employee shall be advised of his/her
Temporary Upgrading and this shall be recorded on the employee's pay record.
32.1.1 Upgrading provisions shall also apply to any non-supervisory employee
temporarily assigned by the Company to train another employee in the following
circumstances:
(a) where the employee is being trained in a job to which he/she is not normally
assigned or is brought in to learn a job;
(b) where the employee is being trained in new operational procedures or
new equipment.
32.2 In the event that the accumulation of Temporary Upgrading in any one
position or for any single employee exceeds one-hundred-twenty (120) days
worked within any twelve (12) month period, the applicable premium as set
out in 32.1 (a) and (b) above shall be doubled (2X) for each occasion in
excess of the 120 days. Notwithstanding the foregoing, the double premium
shall not apply where the upgraded employee is replacing another employee
who is on sick leave, maternity/child care leave or long term disability
to a maximum period of twelve (12) months.
32.3 The additional pay provisions set forth in Section 32.1 of this Article
shall not apply to part time employees, nor shall they apply in cases where:
a) The work of a higher job classification or non-bargaining unit job is
for a period of less than one (1) hour during the tour of duty; or
b) The employee is assigned to work in a higher job classification or non-bargaining
unit job for training or trial, for a maximum of twenty (20) working days,
provided the employee is first notified of the condition relating to the
assignment; or
c) An employee is covering the first day of accident or illness of another
employee; or
d) An employee is on a meal or break period.
ARTICLE 33
Travel and Expenses
USE OF PRIVATE AUTOMOBILE
33.1 It is agreed that the use of an employee's vehicle for Company business
is voluntary and employees may decline to provide such use without penalty.
However, employees may be requested and authorized by the Company to use
their personal vehicles on Company business. No employee shall be required
to modify his/her private vehicle in any way to accommodate such use. Further,
no employee shall be required to carry Company equipment in the interior
of his/her private vehicle if such use is likely to cause damage to interior
coverings or furnishings such as upholstery.
33.1.1 Subject to the provisions of Article
33.1, where an employee is assigned
to report directly to a remote location and uses his/her personal vehicle,
he/she shall be reimbursed for such travel in accordance with the provisions
of Article 33.2, for all distance that exceeds his/her normal distance from
home to usual place of work.
33.2 If an employee is authorized by his/her department manager or his/her
designee to use his/her own automobile for transportation in connection with
his/her duties, he/she shall be reimbursed at the rate of twenty-five ($0.25)
cents per kilometre.
33.3 Distance shall be calculated from the usual place of employment to the
destination and return. However, if duties terminate at destination, return
miles claimable shall be actual distance from destination to home, less distance
from home to usual place of employment.
33.4 For reimbursement, employees shall submit to the appropriate Management
a Monthly Claim, in such form as prescribed by the Company and such reimbursement
shall be made to the employee once monthly, immediately following the end
of the month in which mileage was incurred.
33.5 The Company requires that employees drive motor vehicles in a safe and
lawful manner. Accordingly, the Company shall not be responsible for violations
or fines, or insurance deductibles attributable to the employee. However,
the Company shall pay parking violations where the employee has reasonable
cause for incurring such violations.
33.6 In authorizing the use of a private automobile the Company assumes no
liability to indemnify the user for any personal loss or injury which might
be sustained as a result of such use and it remains the sole responsibility
of the employee to provide adequate insurance protection.
33.7 Business Insurance - The Company may reimburse an employee authorized
to use his/her personal vehicle for Company business for the cost of Business
Insurance placed on the employee's automobile, up to a maximum cost of one-hundred
dollars ($ 100.00) per year. The employee must obtain prior approval from
the Company and submit a copy of his/her receipt for the Business Insurance
premium.
Travel Conditions
33.8 The Company agrees to maintain its current practice regarding reimbursement
for all reasonable expenses on out-of-town work assignments. An employee
will receive either reimbursement for reasonable meal expenses, or, meals
at the expense of the Company, or a daily meal allowance. Where a daily meal
allowance is provided, the amount shall be as follows:
Breakfast $ 9.00
Lunch $12.00
Dinner $22.00
33.8.1 Employees on an out of town assignment which requires overnight accommodation
shall be paid an additional per diem of six dollars ($6.00) for each twenty
four (24) hour period of absence.
33.8.2 If requested, an advance to cover the estimated meal costs shall be
given to employees before departure.
33.9 Employees who are assigned to out-of-town locations where overnight
accommodation is required shall be provided with reasonable, single room
accommodation with a shower and/or bath.
33.10 "Out-of-town" location shall be any point 40 kilometers beyond Metropolitan
Calgary, or Metropolitan Edmonton.
33.11 An employee who is assigned to travel to an out-of-town assignment
shall be credited with all time consumed in transit to and from the assignment.
However, when travel to and from such assignment is outside Alberta and is
on a common carrier, the employee shall be paid at straight time to a maximum
of eight (8) hours for the time spent travelling on each day.
ARTICLE 34
Vacations
34.1 All employees shall be entitled to annual vacations calculated as in
the table following:
Years of Service
at Aug 31st of a Duration
of Vacation
Given Year
in Working Days
----------------
-----------------
After 1 full year of 15 days at basic
rate
continuous service
After 8 full years of 20 days at basic rate
continuous service
After 20 full years of 25 days at basic rate
continuous service
34.1.1 Employees employed for less than one (1) year as of August 31st of
a given year are entitled to one and one quarter (1 ¼) days of vacation
per full month of service to a maximum of ten (10) days at basic rate.
34.2 In the event that a general holiday (Article 35) occurs during an employee's
vacation, one (1) additional day for each such holiday shall be added to
the vacation credits, according to Article 34.1. The additional day shall
be taken within the vacation year in which it was granted.
34.3 Vacation Scheduling
(a) For the vacation period of September 1st to February 28th, employees
shall submit their preference for vacation, in writing, to their immediate
Supervisor prior to July 1st and vacation schedules shall be posted by August
1st of each year.
(b) For the vacation period of March 1st to August 31st, employees shall
submit their preference for vacation to their immediate Supervisor prior
to January 1st and vacation schedules shall be posted by February 1st of
each year.
(c) Subsequent changes requested in writing by the employee to the vacation
period so scheduled shall be subject to operational requirements determined
by the Company.
34.4 Subject to operational requirements, the Company may permit an employee
to begin and end his/her vacation in conjunction with his/her days off, plus
any additional days resulting from the activation of Article
34.2.
34.5 Vacation preference shall be given to employees on the basis of Company
seniority within each Department and Section as defined by the Company. To
effect proper and efficient operation of all Sections and Departments, the
Company reserves the right to alter any requested vacation period, or to
arbitrarily set such vacation period, prior to the posting dates set out
in Article 34.3. Alterations to vacation schedules after this date shall
be made only on mutual agreement between the Company and the employee affected.
34.6 Notwithstanding the provisions of Article 34.4 above, the Company shall
have the right to alter an employee's vacation subsequent to the dates set
out in Article 34.3 where such vacation falls during a BBM ratings period
and further provided that:
(a) The employee is engaged in on-air Television presentation in the capacity
of News Anchor, Reporter (including Sports) or Photojournalist.
(b) The Company shall provide no less than one (1) month's notice of its
intention to alter the employee's vacation.
(c) The provisions of this Article shall not apply to vacations scheduled
during the months of June, July and August.
34.7 An employee shall take the vacation outlined in the foregoing Articles
during the vacation year, which shall be from September 1st in any given
year to the following August 31st. Any carry over of vacation entitlement
to the subsequent vacation year shall be by mutual agreement between the
employee and the Company and shall be authorized in writing by the Company.
34.8 Except upon termination, no employee shall be entitled to pay in lieu
of vacation.
34.9 In the event of the death of an employee, the value of any vacation
credits which have accrued to the employee shall be paid to his/her estate.
ARTICLE 35
Holidays
35.1 The following shall be paid holidays:
| New Year's Day
|
Labour
Day
|
| Good Friday
|
Thanksgiving Day
|
| Victoria Day
|
Christmas Day
|
| Canada
Day
|
Boxing Day
|
| August Civic Holiday
|
2 Floating Holidays
|
35.1.1 The Floating Holidays set out in
Article 35.1 shall be taken at a
time that is mutually agreed between the employee and the Company but must
be taken during the vacation year, either as separate days off or added to
the employee's vacation entitlement. Where lack of mutual agreement or operational
requirements prevent the employee from using his/her floating holiday(s)
by the end of the vacation year, the employee may carry over such holiday(s)
into the following vacation year, but not thereafter.
35.2 Except as otherwise provided herein, the following shall apply with
respect to granting of and payment of General Holidays:
(a) Every employee is entitled to and shall be granted a holiday with pay
on each of the General Holidays falling within any period of his/her employment.
(b)When a General Holiday falls on a day that is a non-working day for an
employee, the employee is entitled to and shall be granted a holiday with
pay at some other time, which may be by way of addition to his/her annual
vacation or granted as a holiday with pay at a time convenient to him/her
and the Company, but in any event, it shall be taken within the vacation
year in which it was granted.
(c) When a New Year's Day, Canada Day, Christmas Day or Boxing Day falls
on a Saturday or Sunday that is a non-working day, the employee is entitled
to and shall be granted a holiday with pay on the working day immediately
preceding or following the General Holiday.
35.3 An employee who is required to work on a day on which he/she is entitled
to a holiday with pay, in addition to his/her regular rate of pay for that
day, to be paid as follows:
CALGARY ONLY: one-and-one-half (1½) times the basic rate for all hours
worked.
EDMONTON ONLY: one-and-one-half (1 ½ ) times the basic rate for the
first four (4) hours worked; and two (2) time the basic rate for hours worked
in excess of four (4) hours overtime, with a minimum credit of four (4) hours.
35.3.1 However, an employee required to work on Christmas Day shall be paid
at triple time (3X) for such hours worked on that day, with a minimum credit
of four (4) hours, in addition to his/her regular rate of pay for that day.
35.4 Notwithstanding the provisions of Article 35.3
above, an employee may
elect to take compensatory leave at a later date in accordance with provisions
of Article 36 of this Agreement, in lieu of overtime payments for hours worked
on a General Holiday.
35.5 Holiday with pay means an employee's normal or regular rate of pay shall
continue to be paid for that General Holiday upon which the employee does
not work.
35.6 An employee shall not be paid for a General Holiday on which he/she
does not work, when:
(a) he/she is not entitled to wages for at least fifteen (15) days during
the thirty (30) calendar days immediately preceding the General Holiday;
(b) he/she did not report for work after having been called for work on that
day.
35.7 Employees who are required to work a shift or tour of duty, any portion
of which falls between 19:00 hours and 24:00 hours on Christmas Eve shall
be paid at the rate of one-and-one-half (1 ½ ) times the basic rate,
in addition to his/her regular wages for that day, for all hours worked during
such period.
35.8 Prior to November 15 of each year, the Company will ascertain the preferences
of those employees who may be required to work on Christmas Day and/or Boxing
Day and/or New Year's Day. The Company will make every reasonable effort
to schedule work on those holidays so that an employee is not required to
work on all three days. These schedules shall be posted no later than November
30th.
35.8.1 In order to accommodate employee preferences referred to in Article
46.1 above, no payment for encroachment on turn?around shall be made in respect
of work on the said days.
35.8.2 Scheduling under the provisions of Article 35.8 shall not be the subject
of a grievance.
ARTICLE 36
Compensatory Leave
36.1 Subject to making his/her intention known to his/her Supervisor, an
employee may elect to accumulate and take Compensatory Leave in lieu of overtime
pay or pay for work performed on a scheduled day off or a General Holiday.
36.2 Compensatory Leave shall be subject to the following conditions:
(a) Such leave shall be credited at the same premium rate as the work performed
(e.g.: time-and-one-half, double time, triple time), times the number of
hours worked. The foregoing shall apply only where such work is one (1) hour
or more in duration.
(b) The total accumulation of Compensatory Leave under provisions of this
Article shall not exceed five (5) working days at any time.
(c) Compensatory Leave may be taken at a time mutually convenient to the
employee and the Company.
(d) Such Leave shall be taken in units of one-half (1/2) days or full days.
(e) Where an employee wishes to split the hours worked between cash and Compensatory
Leave, such claims for Leave shall be submitted in units of four (4) hours.
ARTICLE 37
Sick Leave
37.1 A full-time employee who has completed his/her probationary period and
is incapacitated for duty through illness or injury shall be paid for his/her
absence from work up to a maximum of one hundred eighty two (182) calendar
days for any one absence. Should such absence exceed the one hundred eighty
two (182) calendar day period, the employee shall become eligible for benefits
under the Long Term Disability Plan as set out in Article 44 of this Agreement.
Pay for sick leave shall be in accordance with the following:
|
Employee’s Length of Service
|
Length of Time at 100% of Salary
|
Length of time at 66 2/3 % of Salary
|
|
Less than 1 Year
|
1 Calendar Day per Month
|
182 less 1 Calendar Day Per Month
|
|
After 1 Year
|
21
|
161
|
|
After 2 Years
|
42
|
140
|
|
After 3 Years
|
63
|
119
|
|
After 4 Years
|
84
|
98
|
|
After 5 Years
|
126
|
56
|
|
After 6 Years
|
182
|
|
37.1.1 In the event an employee requires time off due to the illness or injury
of the employee's child, such absence shall be treated as sick leave as set
out in Article 37.1 above. However, such leave shall be limited to three
(3) days for any one absence, with a maximum of six (6) days in any calendar
year. The Company agrees to consider provision of compassionate leave, on
an individual basis, to employees who may require additional leave to care
for a sick or injured child.
37.1.2 An employee who becomes incapacitated through illness or injury during
his/her vacation period shall receive vacation time so lost at a later date,
provided he/she immediately report the illness or injury to the Company and
upon return to work, produces a doctor's certificate showing the length and
nature of such illness. Vacation time so lost shall be exclusive of Saturdays
and Sundays and shall be taken at a time convenient to the Company. However,
the illness or injury of an employee's child shall not constitute reason
for reinstatement of vacation time.
37.1.3 An employee who is absent on sick leave on the working day before
and after a General Holiday shall be paid sick leave for such Holiday.
37.1.4 An employee who elects to receive treatment under the Company's Employee
Assistance Program shall be eligible for sick leave in accordance with the
provisions of Article 37.1 for the time spent in a treatment centre.
37.2 Absence under the provisions of Article 37 shall be reported immediately
to the employee's immediate supervisor. Sick leave shall be reported to the
Company by the employee's supervisor or department head on a form provided
by the Company. A copy of such form shall be provided to the employee.
37.3 Any sick leave absence of more than three (3) working days duration
must be substantiated by a medical certificate. If the duration is ten (10)
working days or less, the employee shall produce the medical certificate
on his/her return to work. Should the absence be more than ten (10) working
days, the Company shall contact the employee's home and request that a medical
certificate be forwarded to the Company. Failure to produce a medical certificate
shall disqualify the employee for those days beyond the initial three (3)
days of any one absence. The Company shall satisfy itself that an employee
is medically fit to resume work after any period of illness prior to allowing
the employee to resume work.
37.3.1 Where an employee's sick leave exceeds ten (10) working days and the
Company has reasonable grounds to believe that such employee's reported illness
or injury may not be of a bona fide nature, the Company may require the employee
to obtain a medical certificate from an independent medical doctor to confirm
the legitimacy of the illness or injury. The independent doctor shall be
selected by mutual agreement between the Company and the employee. The Company
agrees that it shall pay the costs related to obtaining the certificate.
37.4 The Parties agree that sick leave is for the insurance of income that
would otherwise be lost due to a legitimate illness or injury.
37.5 Employees will endeavor to schedule medical, dental and eye appointments
on their own time. Where this is not possible and reasonable notice is given,
the Company will accommodate the appointment, without loss of pay to the
employee.
ARTICLE 38
Maternity and Parental Leave
MATERNITY/CHILD CARE LEAVE
38.1 Employees with six (6) months or more of continuous service with the
Company shall be granted Maternity/Child Care Leave in accordance with the
provisions set out in the Canada Labour Code, except as further provided
herein.
38.1.1 Where an employee provides the Company with a certificate of a qualified
medical practitioner certifying that she is pregnant, the employee shall
receive one (1) week of prenatal leave with pay upon commencement of her
leave. Additionally, she shall receive one (1) week of post-natal leave with
full pay, payable on the first bi-weekly pay day following her return to
work.
38.1.2 Notwithstanding 38.1.1 part-time employees shall only be entitled
to paid maternity leave when they work in excess of an average of 100 hours
per month during the six months prior to the commencement of maternity leave.
38.1.3 A part-time employee's entitlement to paid pre-natal and post-natal
leave shall be based on a daily rate of 1/20th of the wages earned during
the 30 calendar days preceding the commencement of maternity leave.
38.2 The Company shall extend to employees on Maternity/Child Care Leave,
Group Benefits coverage as set out in Article 44 of this Agreement, at the
appropriate contribution rates for the period of Maternity/Child Care Leave
provided for under the Canada Labour Code.
38.3 Should an employee be unable to return to work owing to complications
related to the pregnancy, the employee shall be entitled to Illness Leave
provisions as outlined in Article 37 of this Agreement.
38.4 Continuity of service for purposes of seniority shall be considered
unbroken upon return to work in accordance with the period for which leave
of absence is authorized.
ADOPTION AND PATERNITY LEAVE
38.5 Employees with one (1) or more years of service shall be granted three
(3) days paid Adoption Leave at the time of the legal adoption of his/her
child.
38.6 Male employees with one (1) or more years of service shall be granted
three (3) days of paid Paternity Leave at the time of the birth of his child.
ARTICLE 39
Bereavement Leave
39.1 Bereavement leave of up to three (3) days with pay shall be granted
for the purpose of making funeral arrangements and/or attending the funeral
when an employee who had been scheduled for work, is required to be absent
due to a death in his/her immediate family, i.e., spouse (including common-law
spouse), father, mother, brother, sister, child, mother-in-law, father-in-law
or any relative residing in the employee's household or with whom the employee
resides.
39.2 At the Company's discretion, up to three (3) days' additional leave
with pay will be granted when travelling time is required.
ARTICLE 40
Leaves of Absence
40.1 Leave of Absence is defined as leave granted for pre-planned personal
or professional reasons. Leave of absence may be granted under the following
conditions, depending on the circumstances at the time:
(a) Such request must be made in writing to the Company well in advance of
the anticipated or desired time.
(b) No such requests shall be granted until an employee has completed two
(2) full years of employment with the Company.
(c) No employee shall be granted leave of absence more often than once every
three (3) full years of employment.
(d) Leaves of Absence shall be without pay and no additional credit shall
be given for a General Holiday falling within such period.
(e) Under certain employment conditions, the Company may approve a Leave
of Absence at an earlier date, providing such approval is agreed upon at
the time of employment with the understanding that such employee shall be
bound by the conditions set out in (a) through (d) above in any future requests
for Leave of Absence.
(f) Any Leave granted pursuant to this Article shall be subject to the operational
needs and requirements of the Company.
40.2 Where an employee is granted Leave of Absence without pay pursuant to
Article 40.1 above, for the purpose of an extended vacation and such leave
extends beyond one (1) month, the following shall apply:
(a) Notwithstanding the provisions of Article 45A.2 of this Agreement, an
employee's anniversary date for salary advancement shall be delayed one month
for each full month of absence.
(b) Notwithstanding the provisions of Article 34.1 of this Agreement, an
employee's vacation entitlement shall be pro-rated in the following vacation
year to reflect the number of full months absent.
(c) Notwithstanding the provisions of Article 37.1 of this Agreement, an
employee shall not earn sick leave credits during each full month of absence.
NOTE: (c) above no longer applies as sick leave credits no longer part of
the Collective Agreement.
(d) Notwithstanding the provisions of Article 44.2 of this Agreement, where
an employee takes an extended leave of absence beyond one month, the employee
shall be responsible for the full cost of Group Benefits coverage. Eligibility
for benefits coverage shall be in accordance with the existing plan.
40.3 Compassionate Leave is defined as leave granted for unexpected personal
reasons. Such Leave must have prior approval of the Company.
40.4 Witness and Jury Leave - employees required to serve on juries or to
obey a subpoena or a notice to attend a judicial proceeding shall suffer
no loss of pay, provided that:
(a) all fees received from the service are paid to the Company; and
(b) employees shall return to work if released prior to 13:00 hours on the
day in question; and
(c) except for the last day of leave for this purpose, an employee shall
not be required to work beyond 17:00 hours on the day in question.
40.5 Educational Leave
(a) Educational Leave may be granted to an employee who qualifies under terms
of the Educational Trust Fund as set forth under Article of this Agreement.
(b) Educational Leave as outlined in (a) above shall be subject to the operational
requirements of the Company.
(c) Educational Leave as outlined in (a) above shall be authorized by the
Company at least two (2) weeks prior to the start of the leave. Such authorization
shall not be unreasonably withheld.
ARTICLE 41
Training and Education
41.1 The Company recognizes the value of training and vocational development
and agrees to provide employees in the bargaining unit with opportunities
to participate in programs that will enhance the employee's skills. The Company
shall post notification of such opportunities on all Company bulletin boards.
41.2 The Company may grant leave without pay and may pay all or a portion
of registration and tuition fees, or course materials, of an extension course
or seminar which has been approved by the Company and which relates to the
type of work done by the employee. The Company agrees that it shall give
fair and equitable consideration to all applications under this Article.
All such applications shall be directed to the office of the Manager of Human
Resources or his/her designate.
41.3 Any employee who takes any instructional course as set forth in
Article
41.2 above provided for by the Company and who subsequently terminates his/her
employment with the Company within two (2) years after the completion of
such instruction, shall be obliged to repay the Company any unamortized portion
of its costs. The Company shall amortize such costs monthly over a period
of twenty-four (24) months. Costs repayable under this Article shall be limited
to costs incurred by the Company for transportation, accommodation, meals,
registration and tuition.
41.4 When an employee is requested by the Company to obtain vocational instruction
as a job requirement, the Company shall pay for all registration and tuition
fees and course materials involved in such instructional courses. While such
employees are attending such instructional courses at the Company's request,
the employees shall be paid at their regular salary rate and all overtime
and premium provisions contained in Articles 26, 27, 28,
29, and 31 shall
be waived. In the event such instructional courses are held at a location
more than forty (40) kilometers from the City limits, the Company shall pay
all reasonable expenses of the employee, including transportation, accommodation,
meals and gratuities.
41.5 Any leave requested or granted pursuant to this Article shall be subject
to the operational requirements of the Company.
41.6 The Company shall provide an employee on the occasion of his/her first
employment with appropriate supervised job function familiarization.
41.7 An employee who is designated to supervise a trainee, or familiarization
of another employee, shall be given time during his/her regular tour of duty
to perform such training, or shall be paid at the appropriate overtime rate
if the training takes place outside of the basic tour of duty.
41.8 The Parties agree that the determination as to which employees shall
be granted training or shall be requested to take training shall be at the
Company's discretion and shall not be subject to the grievance procedure
contained in this Agreement.
41.9 When new technology related to any of the job classifications covered
by this Agreement is introduced, the Company shall provide for employee's
training and/or familiarization as deemed appropriate with respect to such
new technology when employees are required to work with such technology.
ARTICLE 42
Care and Control of Company Property
42.1 Employees shall take all necessary and reasonable care and precaution
so as to ensure against loss, damage or destruction of Company premises and
equipment. The employee must report the loss or damage of equipment immediately
to his/her supervisor.
ARTICLE 43
Health and Safety
43.1 The parties agree to give proper attention to the health and safety
of employees. To this end, there shall be a safety committee made up of Company
and Union representatives.
43.2 The Company shall make every effort to take immediate remedial action
on safety procedures brought to its attention. Matters of concern with regard
to health and safety of employees shall be referred to the Safety Committee
for discussion.
43.3 It is understood that an employee may refuse to work where he/she has
reasonable cause to believe dangerous conditions prevail as described in
The Canada Labour Code. It shall be the employee's responsibility to immediately
notify his/her Supervisor or the Manager in charge of the work if such circumstances
arise. In the event that the appropriate Supervisor or Manager is not available,
it shall be the employee's responsibility to summon help, provided such help
will eliminate or alleviate the hazardous situation. Refusal of work under
provisions of this Article applies only to that part of the job considered
hazardous.
43.4 The Company agrees to supply safety devices where conditions require
their use, and the employee shall wear or use such devices.
43.5 When transportation is provided to employees by the company, the appropriate
safety standards shall be observed.
43.6 The Company shall give consideration to the capabilities of an employee
for an assignment involving climbing towers and ladders.
43.7 Subject to prior Company approval, those employees who pass and maintain
the St. John's First Aid Certificate or its equivalent shall be compensated
for the cost of the instruction plus one-hundred dollars ($ 100.00) per year.
For the purposes of this Article the year shall be computed from the date
of successful completion of the course.
ARTICLE 44
Benefits
44.1 During the lifetime of this Agreement, there shall be the following,
referred to hereinafter as "plans":
(a) Group Life Insurance Plan
(b) Dental Plan
(c) Long Term Disability Plan
(d) Pension Plan
(e) Extended Health Plan
(f) Accidental Death and Dismemberment (AD&D)
(g) Alberta Health Care
44.2 The premiums on the plans outlined above shall be shared as follows:
|
Benefit
|
Employee Share
|
Company
Share
|
|
Group Life Insurance
|
|
|
|
Accidental Death and Dismemberment
|
|
|
|
Extended Health Care
|
|
|
|
Dental Care
|
33%
|
67%
|
|
Alberta Health Care
|
50%
|
50%
|
|
Long Term Disability
|
100%
|
|
44.3 Any conflict between the details set forth in the Agreement and the
plans shall be resolved on the basis of the said plans.
44.4 Eligibility for coverage under the plans shall be as set forth in the
respective plans
44.5 The Company reserves the right to alter or amend the plans but shall
not do so without consultation with the Union.
44.6 All new employees shall become members of the entire basic package of
benefits plan covered by this Article as a condition of employment. Coverage
shall be effective date of hire.
44.7 Employees enrolled in the Pension Plan shall receive a statement of
their status in the Plan.
44.8 Part-time employees eligible under Article 4.39
must participate in
Group Life, AD&D and Alberta Health Care. Extended Health and Dental
benefits will be optional as a package to eligible part-time employees. LTD
shall not apply to part-time employees.
ARTICLE 45
Salaries
1. Effective date of receipt of written notice of ratification, current Calgary
employees shall receive retroactive payment of 2% for service between November
1, 1999 and date of receipt of written notice of ratification. For those
employees who commenced employment subsequent to November 1, 1999 they shall
receive a pro-rated portion.
2. Grid Proposal as provided in the attached document.
3. All employees who do not receive an immediate increase upon placement
on the grid shall receive, on date of receipt of written notice of ratification,
a lump sum payment of $750. Those employees that receive less than $750 upon
their placement on the grid shall receive the difference in payment to a
maximum of $750.
4. October 1, 2001 - 2 % increase to the grids
5. October 1, 2002 - 2 % increase to the grids
6. October 1, 2003 - 3 % increase to the grids
7. Those employees above scale in years 2, 3 and 4 will be red-circled and
will receive the equivalent percentage increase in a lump sum payment on
October 1 of each of those years. Should those employees move on to the grid
during years 2, 3 or 4, they will receive any difference in a cash lump sum
payment.
ARTICLE 45A
General Wage Provisions
45A.1 Employees shall be paid according to the wage schedule of the classification
to which they are assigned, with credit for years of service within the classification
and any credit for industry experience recognized by the Company at the time
of hiring. It is understood that recognition of industry experience, the
granting of overscale increases in salary, and the provisions of any benefit
(in addition to those benefits provided under this Agreement) to an employee
are matters for the sole discretion of the Employer.
45A.2 Subject to Article 45A.3 hereof, progression up the salary schedule
within each classification shall automatically occur where the employee's
performance has been satisfactory, and shall occur on the first (1st ) day
of the month the employee's anniversary date within the classification to
which he/she is assigned. An employee who has been denied a salary progression
increase because of unsatisfactory performance may file a grievance pursuant
to Article 9 of this Agreement.
45A.2.1 Notwithstanding Article 45A.2, an employee's progression up the scale
shall occur automatically unless, no later than two (2) months prior to his/her
anniversary date, the employee has been advised as to the reasons why his/her
performance is unsatisfactory.
45A.3 The right to re-classify an employee to a senior classification continues
to be at the discretion of the Company.
45A.4 Employees shall complete their time sheets at such times as prescribed
from time to time by the Company.
45A.5 Where there has been no mutual agreement that the employee is to be
granted Compensatory Leave in accordance with the provisions of Article 36
of this Agreement, payment for overtime worked shall be made on the pay after
the time sheet has been approved and processed.
45A.6 A breakdown of overtime hours and premiums shall be shown on pay stubs.
45A.7 An employee's hourly rate of basic pay shall be calculated as follows:
(a) for employees as set out in Article 26.2 (a), the bi-weekly salary shall
be divided by 75;
(b) for employees as set out in Article 26.2 (b), the bi-weekly salary shall
be divided by 80.
45A.8 The following classifications shall be paid at a minimum of the Supervisory
Level as outlined in the Salary Schedules as set out in Article 45
of this
Agreement:
Traffic Supervisor, Publicity and Promotion Supervisor, ENG Supervisor, Art
Director, Supervisor - Transmission Services, Operations Supervisor, Regional
News Producer, Sports Director, General Services Supervisor, News Supervisor.
SALARY SCALES
(Will open
in new windows)
ARTICLE 46
Duration of Agreement
46.1 This Agreement shall commence on date of receipt of written notice of
ratification and remain in force until the 30th day of September, 2004 and
shall be renewed automatically from year to year thereafter, unless either
party notifies the other by registered mail, not more than one hundred and
twenty (120) calendar days not less than thirty (30) calendar days prior
to the date of expiry or anniversary of such date, of its intention to modify
this Agreement. In the event such notice is given, this Agreement shall continue
in full force until a new Agreement is concluded or until the requirements
of the Canada Labour Code relating to strike or lockout have been met, whichever
occurs first.
ARTICLE 47
Clothing Allowance
47.1 The Company agrees to compensate full time Anchors, Reporters (including
Sports) and Photojournalists regularly assigned to appear on camera for expenses
related to clothing acceptable to the Company. Upon receipt, the Company
shall pay such employees a clothing allowance of three hundred dollars ($300.00)
on September 1st and March 1st of each calendar year. In the case of probationary
employees, payment of the clothing allowance shall be withheld until successful
completion of the probationary period. The Company shall have the option
of directing employees to a preferred clothing supplier.
47.1.1 Notwithstanding the provisions of Article
47.1, the Company may, at
its discretion, provide clothing of equal or greater value to an employee
under an arrangement with an advertiser. In such case, the clothing allowance
payment shall not apply.
47.2 It is recognized and agreed that the Company has the discretion to continue
to pay certain employees' expenses in excess of the amounts set out in Article
47.1 above. It is agreed that there shall be no reduction in such additional
payments as a result of implementation of this Agreement, as long as the
employee maintains their current assignment.
APPENDIX A
Letter of Understanding
Re: News Anchors - Suitability for Programming
Notwithstanding the provisions of Article 22.3 of the Collective Agreement,
the undersigned Parties agree that the right to dismiss News Anchors as set
out in Article 22.3 shall not apply to any employees at the Company's Edmonton
location who were classified as News Anchor as of the signing date of the
Collective Agreement.
Nothing contained herein shall restrict the Company's right to dismiss News
Anchors hired or promoted into the classification at the Edmonton location
following the signing date of the Collective Agreement.
The Company agrees it shall provide a copy of this Letter of Understanding
and Article 22.3 to any employee hired or promoted into the News Anchor classification
subsequent to the signing date of the Collective Agreement.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX B
Letter of Understanding
Re: Vacation Entitlement - Edmonton Employees
Notwithstanding the provisions of Article 34 of the Collective Agreement,
the following vacation entitlement shall apply to the Company's Edmonton
location employees:
1. An employee who has attained his/her eighth (8th) year of service as of
the signing date of the Collective Agreement shall receive twenty (20) working
days of vacation with pay amounting to:
((20 divided by (working days in month)) x basic monthly salary at time of
vacation
2. Am employee who has attained his/her thirtieth (30th) year of service
as of the signing date of the Collective Agreement shall receive thirty (30)
working days of vacation with pay amounting to:
((30 divided by (working days in month)) x basic monthly salary at time of
vacation
It is understood that the provisions of Article 34 shall apply to Edmonton
location employees who attain their eighth (8th) or thirtieth (30th) years
of service subsequent to the signing date of the Collective Agreement.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX C
Letter of Understanding
Re: Vacation Adjustment
Subject to Agreement.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX D
Letter of Understanding
Re: Talent Agreements
The Parties recognize that certain employees in the Anchor and Reporter/Anchor
job classifications may be featured in promotional material of the Company.
It is agreed that the Company may negotiate individual Talent Agreements
with such employees, subject to the following conditions:
1. All terms and conditions of the Collective Agreement shall continue to
apply to such employees. Talent Agreements shall not alter, amend or contradict
any provision of the Collective Agreement.
2. An employee who is party to a Talent Agreement shall be paid not less
than ten percent (10%) above the top rate of their salary group.
3. Any non-competitive or restrictive convenant contained in a Talent Agreement
shall be at the sole discretion of the Company.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX E
Letter of Understanding
Re: Training and Development
The Parties to the Collective Agreement recognize the need to encourage employees
to upgrade and enhance their basic skills in order to meet the challenges
presented by changes in the broadcasting industry and the potential for their
jobs to become redundant.
Having regard for the foregoing, the Company agrees it shall make a reasonable
effort to assign full-time employees to fill part-time/temporary vacancies
(that need to be filled) as such occasions arise, subject to the following:
1. Where it is known at least five (5) days in advance that a temporary vacancy
will be filled, the Company shall notify all interested employees as far
in advance as is reasonably possible of such vacancy. It is further agreed
that the Company shall attempt, where possible, to transfer interested employees
to temporary positions of which the Company has less than five (5) days advance
notice.
2. To be eligible for transfer to a temporary position, an employee must:
(a) notify the Company in advance, in writing, of his/her desire to work
in another job or jobs on a temporary basis;
(b) meet the educational requirements for the job in question;
(c) in the opinion of the Company, be capable of performing the work in question
after being given reasonable assistance.
3. Where an employee has been deemed to be incapable of performing the temporary
job in question and in the opinion of the Company, there is a reasonable
expectation that he/she will become capable with appropriate training, the
Company shall make a reasonable effort to provide such training to assist
the employee in meeting the job requirements when future temporary opportunities
arise. Such training may be provided during the employee's non-working hours
or during idle periods of a working shift.
4. Where more than one employee requests a transfer to the same temporary
position, the Company shall transfer the most senior applicant, provided
such applicant meets all other criteria contained herein.
It is agreed that the Parties will encourage employees to initiate additional
job training during non-working hours, to enrol in off the job training programs
that may be available and to discuss their career goals with their Department
managers. The Company agrees to provide reasonable financial assistance to
employees who obtain prior approval, for the cost of course fees and/or materials.
The Union agrees to consider, on an individual basis, the provision of waivers
regarding hours of work and scheduling provisions of the Collective Agreement,
where such waivers will encourage on the job or own time training at no additional
cost to the Company and further provided that the individual affected is
in agreement.
It is agreed that the Parties' representatives shall meet as required during
the term of the Collective Agreement to assess the implementation of the
provisions of this Letter, to review changing industry conditions and to
discuss the impact those changing conditions may have on the Company and
its employees.
Either party may terminate this letter of understanding upon provision of
one month's notice to the other party and this letter of understanding shall
not be subject to the grievance and arbitration procedure
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX F
Letter of Understanding
Re: Anchors
It is agreed and understood that assignments to the Anchor Classification
(Group 11) are and will continue to be made exclusively and solely by the
company.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX G
Letter of Understanding
Re: Pension Plans
Employees that are presently enrolled at date of receipt of written notice
of ratification in the Defined Benefit Plans at either CFRN or CFCN, shall
continue their participation in those plans subject to the terms and conditions
of the respective Defined Benefit Plans.
Employees that are not presently enrolled as at date of receipt of written
notice of ratification in the Defined Benefit Plans at either CFRN or CFCN,
and employees hired after date of receipt of written notice of ratification,
shall only be eligible to join the Defined Contribution Plan subject to its
respective terms and conditions of participation.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX H
Letter of Understanding
Re: Voluntary Severance Option - Edmonton only
With respect to the provisions of Article 5.3
(Edmonton only) of the Collective
Agreement, the Company agrees that it shall follow the procedure set out
below in an effort to limit the number of lay-offs that will result from
the transfer or assignment of work or functions of the bargaining unit. Such
procedure shall apply only to full time employees as follows:
1. Not less than five (5) working days prior to issuance of notice as set
out in Article 5.4 (b) of the Collective Agreement, the Company shall:
(a) provide written notice to the Union stating the nature of the work to
be transferred or assigned, the job classification(s) affected and the number
of employees to be laid off.
(b) Provide written notice to all employees within the job classification(s)
affected, stating that the provisions of this Letter of Understanding will
be in effect for a period of five (5) working days. Such notice shall further
advise that any employee who is willing to accept voluntary severance shall
immediately make his/her intentions known, in writing, to the Company with
a copy to the Union.
2. In the event that the number of employees willing to accept voluntary
severance exceeds the number of employees to be laid off, such voluntary
staff reductions shall be made in the order of seniority among those qualified
employees seeking such voluntary severance.
3. It is agreed that an employee who is not assigned to the job classification
affected shall be eligible for voluntary severance, provided he/she can be
replaced by a qualified employee in the classification affected. Such replacement
shall be made in accordance with the provisions of Article 20.7 (bumping).
4. An employee who accepts voluntary severance shall be paid in accordance
with the provisions of Article 5.3 of the Collective Agreement. Acceptance
of such severance payment shall be classed as a voluntary resignation with
termination of the employee's seniority and employment rights. Such severance
pay shall be deemed to include any severance payment required pursuant to
any statute.
5. In the event that at any time within four (4) months following the issuance
of notice as per paragraph 1 above, the Company determines it will implement
further lay-offs as a result of transfer or assignment of work or functions,
any employee who accepted voluntary severance under the provisions of this
Letter of Understanding shall be entitled to an additional four (4) months
pay. This provision shall apply only to those employees who were assigned
to the classification originally affected by the transfer of work or functions.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX I
Letter of Understanding
Re: Full time employees on lay-off desiring part-time employment or casual
employment (Calgary Only)
It is agreed that the following shall apply to a full time employee on lay-off
who wishes to be considered for part-time or casual work:
1. Before being considered for part-time or casual employment, the employee
will advise the Company as to when he/she could be available for such work.
2. A full time employee seeking part-time work must be available for work
on shifts, or during the hours required by the Company. If the employee is
not so available and unless excused by the Company, there shall be no obligation
on the Company to offer further part-time work to the employee.
3. A full time employee on lay-off seeking casual work must be reasonably
available. If a casual employee refuses work, unless excused by the Company,
there shall be no obligation on the Company to make any further effort to
recall that employee for casual work.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE:
APPENDIX J
Letter of Understanding
Re: Gender Neutrality
The Parties agree that all language contained in the Collective Agreement
shall be amended to ensure it is gender-neutral.
Notwithstanding the foregoing, the Parties agree that the masculine gender
wording in existence prior to this Agreement shall be considered as the effective
wording in the event of any disagreement between the Parties concerning the
interpretation of such new wording.
COMMUNICATIONS,
ENERGY AND
CFCN-TV AND CFRN-TV
PAPERWORKS
DIVISIONS OF CTV
UNION OF CANADA TELEVISION INC
_______________ ____________________
DATE: