CTV
Television Inc.
hereinafter referred to as the "Company"
Party of the First Part,
AND:
Communications, Energy and Paperworkers
Union of Canada
Local 720-M
hereinafter referred to as the "Union"
Party of the Second Part.
(This Agreement shall commence on the 1st day of January 2002 and remain
in force until the 31st day of December 2003…)
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 cooperation 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
Definitions
2.1 Employee - The term "employee"
as used in this Agreement shall mean all employees included in the bargaining
unit. Wherever in the wording of this Agreement the masculine
gender is used, it shall be understood to include the feminine gender.
2.2 Bargaining Unit - 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 September
20, 1967, as amended February 26, 1988, and July 10, 1995, certifying CEP,
and any amendments thereto as mutually agreed by the Parties, or as
specified in Article 16.
The Board's decision reads in part as follows:
"All employees of CTV Television Inc. in its News, Features and Information
Programming Department (News Bureaus in Canada), excluding:
- officers
- managers
- supervisors
- producers
- directors
- reporters
- editorial staff
- announcers
- office and clerical employees”
2.3 Employee Categories
(a) A temporary employee may be
hired to temporarily relieve a full-time employee while that employee is
taking:
- Vacation leave
- Maternity leave
- Paternity leave
- Sick leave
- Training courses.
A temporary employee will not be used in order to:
- lay off a full-time employee, or to avoid the recall
from layoff of a full-time employee.
- avoid hiring a full-time employee.
- displace a full-time employee in any way.
A temporary employee will work a 40-hour work week and will be used no more
than sixteen (16) weeks within any calendar year; such weeks need not be
consecutive. A temporary employee is eligible to work overtime
only when that overtime occurs as a direct result of the particular function
which the temporary employee is performing. The Company agrees
to pay temporary employees in accordance with the minimum provisions of the
Wage Schedule in Article 16, but the benefits provided for in
Article 10
and the seniority provisions of Article 8 shall not apply to temporary
employees.
(b) A part-time employee is defined
as one who is hired on a regular basis for not more than twenty‑ four (24)
hours in a week; provided that, if he works more than twenty-four (24) hours
in a week he shall be considered a full-time employee. It is understood
that the Company shall not hire part‑ time employees to replace existing
full-time employees to obviate the need for additional full‑time employees
and the Company agrees to pay part-time employees in accordance with
the minimum provisions of the Wage Schedule in Article
16, but the benefits
provided for in Article 10 and the seniority provisions of
Article 8 shall
not apply to part-time employees.
Part-time employees shall not be used unless all full-time employees in the
functional group and all other qualified members of the bargaining unit have
declined overtime.
(c) A part-time employee shall be subject to a minimum call-in of four
(4) consecutive hours.
(d) The term "probationary employee"
shall mean and include those employees employed during the first three (3)
months of continuous service with the Company, provided that the Company
may at its sole discretion extend the probationary period a further three
(3) months upon prior written notification to the employee and to the
Union, or terminate employment; such written notification to include a performance
evaluation.
ARTICLE 3
Management Rights
3.1 The Union acknowledges that it is
the exclusive function of the Company to hire, promote, demote, transfer,
re-classify and suspend employees; and also the right of the Company to discipline
or discharge any employee for cause, provided that a claim by an employee,
who has acquired seniority, that he has been disciplined, discharged
or suspended without just and sufficient cause, may be the subject of
a grievance and dealt with as hereinafter provided.
3.2 The Union 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 location, number and size of
plants, 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 final 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 responsibilities of the Company.
3.3 The Union further acknowledges that
the Company has the right to make, alter and enforce, from time to time,
certain Company rules and regulations to be observed by the employees,
but before making any new rules and regulations, the Company will discuss
any new rules and regulations with the Union.
3.4 The rights referred to in Paragraph
3.2 and 3.3 above shall be exercised subject to seniority rules, qualifications
and grievance procedure, in accordance with the provisions of this Agreement.
ARTICLE 4
Union Rights
4.1 Membership and Dues - All employees
of the Company as of August 12, 1968, who may be members of the Union
as of that date, may, at their discretion, continue to remain members in
good standing.
4.1.1 No person shall be required as a condition of employment
to become or remain a member of the Union and no statement to the contrary
shall be made.
4.1.2 During the term of this Agreement the Company agrees to deduct
from each pay, an amount equal to the uniform dues and/or assessments as
levied by the Union. The deductions are to be based on the gross earnings
for the pay period of every employee in the bargaining unit, beginning with
the date of hiring in the bargaining unit. The present rate of deduction
is equal to one and two‑thirds per cent (1.666%) of basic pay, and the same
percentage shall be deducted on all additional earnings. The Company
shall be notified by registered mail of any changes in the present rate of
deductions.
4.1.3 The Company shall remit the monies so deducted to the Union
not later than the fifteenth (15th) day of the following month. The Company
shall provide the Union with a monthly computer printout detailing the employee
name, base earnings, amount of dues deducted on base earnings, additional
earnings (if any) and the amount of dues deducted on additional earnings
(if any).
The Company shall also provide the Union with the following information on
a diskette provided by the Union in the specified ASCII format within thirty
(30) days after the signing of this Agreement:
1) Employee name and home
address
2) Sex
3) Classification, title
and salary
Within sixty (60) days of a change in any or all of this information, the
Company shall provide the Union with an updated diskette.
4.1.4 Each year the Company will indicate the total amount
of Union dues deducted at source and forwarded to CEP for the calendar year
in question on the T-4 and TP-4 income tax slips issued to employees.
4.2 Notices to Union - The Company
shall mail to the Union office, and deliver to the President of Local 720-M
one copy of each of the following:
(a) Within ten (10) calendar days
notice of hiring, dismissal, promotion, demotion or transfer of any
employee within the bargaining unit.
(b) Notice of extension of probationary
period, report and reply as contained within Article 7, suspension or any
disciplinary action placed on an employee's file within the bargaining unit.
(c) Any notice pertaining to the
application or agreed interpretation of this Agreement.
(d) The Company will furnish, upon
request by the Union, a copy of seniority records and wage information for
negotiating purposes.
4.2.1 A new employee shall be provided with
a copy of the Collective Agreement and a written statement from the Company
indicating his rate of pay, classification and any other special commitments
agreed to by the Company.
4.3 Union Access to Premises -
Representatives of the Union shall have access to the Company's premises
to carry on inspections or investigations pertaining to the terms and conditions
of this Agreement at any operating unit of the Company, at reasonable notice
to the Company, and free from unreasonable interference from the Company.
Such investigation or inspection shall be carried on at reasonable hours
and in such manner as not to interfere unduly with the normal operations
of the Company. The Company will furnish a suitable business letter
or card of identification for the representative entitling him to admission
to the premises of the Company and other places where employees covered
by this Agreement may be working.
4.4 Union Use of Bulletin Boards -
The Company agrees to the posting by the Union on scheduling boards of announcements
regarding elections, meetings, negotiating developments and the internal
affairs of the Union, provided such notices are authorized by the Management;
such authorization will not be unreasonably withheld.
4.5 Leave For Union Activities -
Leave without pay will be granted to no more than two (2) employees from
Local 720-M at any one time (exceeded only at the Company's discretion)
in order to:
(a) Attend Executive Council Meetings,
Labour Conventions, Courses, etc. A request for such leave shall
be submitted at least fifteen (15) days in advance, and each such leave shall
not be more than seven (7) days, (exceeded only at the Company's discretion.)
(b) Accept an elective position
with the Union or an official labour body for a period not exceeding four
(4) years, or an appointive position for a period not exceeding one (1) year.
Any additional yearly periods will be granted by the Company on receipt of
a written request from the employee and the President of the Union.
(c) Leave provided for in Article
4.5(b) shall not constitute a break in continuity of service in the computation
of seniority; and with respect to Article 4.5(a), shall not constitute a
break in the continuity of service, in the computation of seniority
or other benefits under this Agreement.
4.5.1 Upon request by the Union the Company agrees to release
without loss of pay at the basic rate or leave credits, two (2) employees
named by the Union in order to attend grievance meetings with the Company
as provided in Article 6 but any time spent in such meetings shall not
be considered for the purpose of determining overtime pay, if the
meetings extend beyond a normal tour.
4.5.2 Upon request by the Union the Company agrees to release
without loss of pay at the basic rate or leave credits, two (2) employees
named by the Union in order to attend negotiation meetings with the Company.
Any time spent in such meetings shall not be considered for the purpose of
determining overtime pay if the meetings extend beyond the normal tour.
It is further understood that the employees will be completely released from
duty for the entire day or days of such meetings and will not be required
to perform any work on such days.
Additionally, the two (2) employees named by the Union to attend negotiation
meetings shall each be granted one (1) common day off without loss of pay
or other benefits in order to attend a pre-negotiation union meeting.
The Union shall provide the Company with three (3) weeks advance notice of
such pre-negotiation day.
4.6 Non-Discrimination - The Company
will not interfere with, restrain or coerce the employees covered by this
Agreement because of membership in or lawful activity on behalf of the Union.
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 lawful activity on behalf of the Union, nor
will it discourage membership in the Union or attempt to encourage membership
in another Union.
ARTICLE 5
No Strike, Lockouts or Strike-breaking
5.1 The Union will not cause, nor will
any member of the Union take part in a slowdown or a strike, either sit-down
or stay-in, of any of the Company's operations during the term of this Agreement.
The Company will not cause, engage in or permit a lockout of any of its operational
locations during the term of this Agreement.
5.2 The Company will not assign, transfer,
or require employees to go to any radio station, television station, transmitter,
studio or property where a strike of employees whose functions are similar
to those covered by this Agreement is in progress, except in the pursuit
of actuality news coverage nor to originate a program or programs including
news, specials, and public affairs programming, not normally fed to such
facility due to the network's contractual commitments with its affiliated
stations. The Company will not require members of the bargaining unit
to perform the duties of any other employee who is engaged in a lawful strike.
ARTICLE 6
Grievance Procedure
6.1 It is mutually agreed that it is
the spirit and intent of this Agreement to adjust, as quickly as possible,
grievances arising from the application, administration, interpretation or
alleged violation of this Agreement.
6.2 The Parties recognize that the Canada
Labour Code provides that any employee may present his personal grievance
to his employer at any time. Any such grievance may be subject to consideration
and adjustment as provided in the following Articles on grievance procedure.
6.3 In the event of a dispute between
any member or members of the bargaining unit and the Company, in reference
to the application, administration, interpretation or alleged violation
of this Agreement, the following shall be the procedure for the adjustment
and settlement thereof:
Step 1: The grievance shall be reduced to writing and a copy thereof
delivered to the office of the President or his designee within ten (10)
working days of the arising of such grievance. A copy shall also be
simultaneously delivered to the employee designated by the employees as their
Chairman of the Grievance Committee.
Step 2: The grievance shall be discussed with the President or his
designee and the Local Grievance Committee consisting of not more than
two (2) members. Such discussions will deal with grievances
of which at least two (2) days' notice shall have been received. Such
meetings shall take place within ten (10) days of the request for a meeting.
Minutes of such meetings shall be kept and read and signed by both Parties
at the close thereof.
Step 3: If the grievance is not recorded as settled within ten (10)
days after the meeting described in Step 2, the dispute shall be referred
to the President of the Company or his designee and the Union office for
further discussion and consideration.
Step 4: In the event that the representatives of the Company and
the Union cannot reach an agreement, the dispute may, by written notice of
either party to the other party, be submitted to final and binding arbitration.
The Parties requesting arbitration shall, within ten (10) days of the sending
of the notice requesting arbitration, select a mutually acceptable arbitrator.
If the Parties are unable to agree on an arbitrator within these ten (10)
days, the Federal Minister of Labour shall be requested to appoint the arbitrator.
The cost and/or expenses of arbitration shall be borne equally by the Company
and the Union, except that no party shall be obliged to pay the cost of a
stenographic transcript without express consent.
6.4 The arbitrator shall not have the
power to change, modify, extend or amend the provisions of this Agreement
or to award costs against either Party but he shall have the power to direct,
if he thinks proper, that any employee who has been suspended, discharged
or otherwise disciplined without proper cause, shall be reinstated with pay
or part pay and with any other benefit or part thereof under this Agreement
which may have been lost. The arbitrator may direct, whenever he deems it
advisable, that some other penalty or other disciplinary action be substituted.
6.5 If either of the Parties to this
Agreement considers that this Agreement is being misinterpreted or violated
in any respect by the other Party, the matter may be discussed between representatives
of the Company and the Union, and if not satisfactorily settled either Party
may refer the matter to arbitration as provided in Step 4 of Article
6.3.
6.6 Time Limits - Any time limit
mentioned under grievance procedure shall exclude Saturdays, Sundays,
Holidays as listed in Article 12.1, and may be extended by mutual consent.
6.7 Employees shall suffer no loss of
pay or other benefits while attending grievance meetings with the Company.
ARTICLE 7
Reports On Performance
7.1 An employee shall be notified in
writing of any expression of dissatisfaction concerning his work within
ten (10) working days of cause for dissatisfaction becoming known to his
Supervisor. He shall be furnished with a copy of any complaint
or accusation which may be detrimental to his advancement or standing within
the Company immediately the complaint or accusation is made. If this
procedure is not followed such expression of dissatisfaction shall not become
part of his record for use against him at any time in any proceeding.
7.2 The employee's reply to such complaint
or accusation, if received within ten (10) working days after he has
received the notice referred to in Article 7.1 above, shall become part of
his record for use by him at any time in any proceeding.
7.3 Expressions of dissatisfaction while
an employee is on probation shall not be considered a part of his record
for use against him, after his probationary period has been served.
7.4 The Company agrees to undertake a
review of the performance of the employee at the end of six (6) months for
any expression of dissatisfaction, complaint, or a suspension.
As a result of this review where the Company has established that the employee
has taken the necessary measures to improve his performance since the incident,
the Company shall inform the employee in writing in that connection
with a copy provided for his status and pay file.
7.5 The record of an employee will not
be used against him at any time when twenty-four (24) months have elapsed
since a suspension, or since the issuance of a letter of dissatisfaction
or complaint. Further, any reference to such letters or suspensions
shall be removed from all files.
7.6 Where an expression of dissatisfaction
is found to be unjustified, all references to such expression shall be removed
from the employee's record and destroyed.
7.7 An employee shall have access to
his personnel file if and when he is at the location where the records are
maintained, or once annually when the department head or his delegate
shall visit the Bureau for the purpose of Company business and/or performance
reviews. But in no event shall the Company bear the expense of transporting
employees for the sole purpose of inspecting their personnel records.
7.8 An employee shall have the right
to take a Local Union Officer with him to any disciplinary meeting involving
his supervisor or management personnel.
ARTICLE 8
Seniority Rights
8.1 Company Seniority - Company
seniority shall be deemed to have commenced on the date of hiring by
the Company and shall be equal to the length of continuous service,
and shall relate within each functional group only to the choice of vacation
periods, and the earning of leave credits. Seniority credit shall continue
while any employee is on leave granted by the Company.
8.2 Unit Seniority - Unit seniority
shall be measured by the length of continuous service within the bargaining
unit.
8.3 Promotions and Transfers -
The employee with the most unit seniority shall, if he meets the qualifications
set for the position by the Company, be promoted to fill a vacancy in
a higher classification. Nothing in this Article precludes the Company
from hiring applicants from outside sources where no present employee applies
and is accepted. Vacancies shall be posted for a minimum of seven (7)
days prior to advertising outside.
In no event shall the Company be required to offer promotions and transfers
within one division to employees from the other divisions.
8.3.1 Without his consent, no employee shall be transferred
or assigned to another functional group whose job content is substantially
different from that of his regular functional group.
8.3.2 No individual employee offered a promotion shall
be in any way penalized for refusing to accept such a promotion.
8.3.3 An employee promoted to fill a vacancy in either
a higher functional group or a higher classification in the same group shall
be on trial in such a classification for a period of three (3) months. The
Company may at any time during the trial period return the employee
to his former position without any loss of seniority. At the conclusion
of a successful trial period, the employee will be advised in writing that
his promotion has been made permanent. Nothing in this Article will
impair the Company's right as set out in Article 3 of this Agreement.
8.3.4 Employees required to perform in a functional
group different from their regular functional group for which they have not
received adequate training will not be penalized for errors committed
during such performance, which errors are related to the lack of adequate
training.
8.3.5 Employees may, by mutual agreement, train
in job classifications other than their own.
8.4 Dismissal, Demotion or Suspension
- The discharge, demotion or the suspension of an employee shall
be for just and sufficient cause.
8.4.1 The employee shall be informed of the Company's decision
to discharge, demote or suspend him by previous notice in writing and not
otherwise.
8.4.2 The decision set forth in such notice may be subject
to the grievance procedure as set out in Article 6 of this Agreement, except
for those employees that may be discharged during their probationary
period.
8.4.3 The Company will not take disciplinary measures against
an employee, such as letters of reprimand, suspension or dismissal,
unless he has been notified in writing within ten (10) working days
following the supervisor becoming aware of the incident of which
the employee has been accused, and a period of thirty (30) working days following
such notification has elapsed in order for the employee to give a written
reply. Such reply shall become a part of the employee's file.
8.4.4 An employee who is discharged for other than gross
misconduct, shall be given two (2) weeks' pay in lieu of further notice.
8.5 Layoffs - The Company shall
advise the Union and the employee(s) concerned at least eight (8) weeks
in advance of proposed layoffs.
8.5.1 When layoffs of employees are to be made, the Company
shall determine what jobs are to be abolished and the number of employees
to be laid off. Where employees are to be laid off, such layoffs shall
proceed in inverse order of unit seniority within the functional group, provided
that no employee is to be displaced by a more senior employee unless the
latter possesses the occupational qualifications of the job filled by
the employee with less seniority.
8.5.2 An employee about to be laid off from one functional
group and who has the occupational qualifications for another functional
group, may apply his unit seniority and transfer laterally or revert to such
another group.
8.5.3 While an employee is laid off the Company shall pay
one hundred percent (100%) of all the costs of the employee's medical
and insurance benefits as contained in Article 10.3 for a period of six (6)
months, or until the laid‑off employee receives such benefits from securing
full‑time employment elsewhere, whichever comes first.
8.5.4 An employee about to be laid off from one functional
group who has the unit seniority, and who may be trained in a reasonable
length of time to perform duties in another functional group, shall be trained
during the period of the layoff notice and he shall then revert to that group
if he meets the qualifications for the position.
8.5.5 An employee who has reverted through layoff to another
group and whose basic salary is higher than the maximum of this group, shall
continue to receive the higher salary which shall be frozen (red circled)
until such time as the salary in the lower rated job surpasses the employee's
frozen salary and then such employee will proceed in the scale in accordance
with Article 16.
8.6 Recall From Layoff - When
vacancies occur in a functional group in the twelve‑month period following
a layoff in that group, the Company agrees to rehire, in the order of unit
seniority, those employees who were laid off. The Company agrees to
notify the employees concerned by registered mail, and the employees must
give their decision in writing within fourteen (14) days. Employees
re‑engaged under this provision shall be credited with their seniority at
the time of being laid off, plus seniority equivalent to the period of the
layoff.
8.6.1 An employee who has reverted or transferred to another
functional group due to the operation of Articles 8.5.2
and 8.5.4 shall be
entitled to the same rights in the filling of vacancies in his former functional
group as are permitted under Article 8.6 to laid‑off employees.
ARTICLE 9
Jurisdiction, New Devices and Methods
9.1 Jurisdiction - The Union agrees
to the continuance of the company policy of assigning duties to employees
(as defined in Article 2.1 of this Agreement) relating to the preparation,
audition, rehearsal and transmission of programming.
9.1.1 The Company agrees not to assign to persons outside
the bargaining unit duties now performed by members of the bargaining unit.
However, in the case of News Bureaus, the Company may at its discretion
contract personnel from outside the bargaining unit due to the exigencies
of news coverage. The Company agrees that it will not hire outside
contractors for the purpose of eliminating or displacing full‑time employees
or to avoid the re‑call of employees who are laid off and available for assignment
within the first twelve months of the layoff or to avoid the payment of overtime.
Further, it is agreed that the following work practices by supervisors or
other persons outside the bargaining unit defined in Article 2.2 are recognized
by the Union, and the Company shall not be required to alter such practices:
(a) Manufacturers' or distributors'
engineers or technical representatives engaged in installing, assembling,
modifying, setting up, testing or repairing technical equipment.
(b) Operations Supervisors within
the Operations Department using technical equipment over which they
have direct supervisory or maintenance authority.
(c) The Vice‑President Operations,
the Director of Engineering, the Director of Operations, the Manager
of Outside Broadcasting and Special Projects as well as three (3) Technical
Supervisors (Agincourt, Ottawa, Yonge Street) may operate technical equipment
for the purpose of testing, or evaluating such equipment, or for the evaluation
of technical program quality.
(d) In the case of the News Bureaus,
non‑CEP staff personnel may operate equipment set aside for their use and/or
ENG/EFP equipment ordinarily operated by persons within the Union for the
purposes of screening news material, logging and selecting for archiving,
but shall not perform the function of recording or editing material intended
for broadcast, or archiving.
(e) In the case of News Bureaus
and/or news remotes, it is recognized as a matter of past practice that the
Manager of Outside Broadcasts and all Technical Supervisors have assisted
in the technical and operational set‑up of remote broadcasts and/or
ENG/EFP camera, edit and feed equipment. It is not the intention
of the Parties to alter the present practice in this respect.
(f) In Toronto, the feeding,
recording and editing of all news material may be carried out by qualified
members of either division. This will not result in a reduction
of work or in a reduction in the number of employees within the operations
division working in News Editing. Distribution of all other material
to the network [other than news material contained within this sub‑clause
(h)] will remain the responsibility of the operations and engineering
departments.
(g) In Toronto “contract personnel”
as referred to in Article 9.1.1 may also mean Local 79 CEP bargaining
unit ENG Camerapersons, Senior Camerapersons, Supervising ENG Camerapersons
from CFTO-TV. The Company agrees it will not hire/assign/utilize
these “contract personnel” for the purpose of eliminating or displacing full-time
employees or to avoid the recall of employees who are laid off and available
for assignment within the first 12 months of the layoff or to avoid
the payment of overtime.
9.1.2 Every tape recording produced by the Company which
has had CEP personnel involvement, shall have the CEP seal legibly exhibited
on the Slate, as well as the Tape Container.
9.2 New Devices and Methods - In
the event that the Company introduces or permits to be used any process,
machinery or equipment which substitutes for, supplements or replaces
any present process, machinery or equipment being operated as of the date
of this Agreement by employees within the bargaining unit, such
process, machinery or equipment shall be operated and maintained only by
employees in the bargaining unit herein set forth if such employees
are qualified to operate and maintain such equipment subject to the jurisdictional
qualifications contained in Article 9.1.
9.2.1 It is agreed that CTV has the right to introduce
and use new or modified equipment, machinery, apparatus, process, methods
and/or types of equipment. The Company will give full consideration
to giving training opportunities to employees in the bargaining unit for
the operation of any new equipment.
9.2.2 The Company agrees that no employee on payroll as
of August 13, 1991 will be dismissed, laid off or downgraded because of the
introduction and use of such new or modified equipment, machinery, apparatus,
processes, methods and/or types of equipment.
9.2.3 Technological Change - Should layoffs result
from technological change with respect to employees other than those protected
by Article 9.2.2, and as distinguished from changes in programming,
the Company shall:
(a) Give the Union and the
employees as much advance notice as is practicable, but not less than four
(4) months' notification of such layoffs or four (4) months' pay in lieu
of said notice, plus benefits as outlined in Article 10.3 for the same period.
Also, the employee shall receive severance pay, as outlined in Article
10.7.
(b) The Company shall, in
writing, state the nature of the changes contemplated and the number of jobs
likely to be affected. Upon receipt of such notice by the Union, the
Parties shall arrange a meeting or meetings, for the purpose of conducting
discussions to assure that any hardship to the employees affected
shall be minimized; this shall be done by providing, wherever possible,
alternative employment within the Company for employees whose jobs have
been eliminated, or by joint efforts on the part of the Company and
the Union to obtain employment outside the Company, and/or by any other means
that the Parties may, by mutual agreement, decide upon. The Company
will provide such employees reasonable time off at a mutually agreeable
time, during their normal work week, without loss in salary, to be interviewed
for positions outside the Company.
9.2.4 It is agreed that an employee who is to be
laid off due to technological change has the right to invoke his seniority
and bumping rights as contained within the Collective Agreement.
ARTICLE 10
Employee Benefits
10.1 Short Term Disability - In cases of absence
due to injury or illness, the employer will grant sick leave with pay up
to a maximum of one hundred and eighty-two (182) days. The Company
may require a doctor’s certificate if an employee is absent more than
three (3) consecutive days. The Company may require the employee to
authorize a release form giving permission for the Company physician to consult
with the employee’s physician. The release form does not give the Company
access to the employee’s personal information. The Company may also
request the assistance of CTV’s health care provider, Liberty Health, for
long-term illnesses.
10.1.1 In the event that an employee is unable to report to work
due to illness, he shall notify his immediate supervisor or the department
head as quickly as possible and shall record the number of days absent on
his weekly time sheet.
10.2 Maternity and Parental Leave - Every full-time
employee with six (6) months or more of Company seniority, upon providing
the Company with a certificate from a qualified medical practitioner, certifying
that she is pregnant, will be entitled to up to fifty-two weeks (52) of leave
of absence made up as follows:
1. Up to seventeen (17) weeks of maternity leave.
2. Up to thirty-seven (37) weeks for parental leave which may be taken any time
in the fifty-two (52) week period beginning on the date of the birth of a
child or the day the child comes into the employee’s care.
3. In the case of an adoption, the thirty-seven (37) weeks parental leave is
available within the fifty-two (52) week period the child comes into the
employee’s care.
The employee shall give the Company four (4) weeks notice of his/her intention
to take maternity or parental leave.
Upon going on maternity leave eight (8) weeks of the above leave of absence
shall be paid for by the Company on the following basis:
1.
Two (2) weeks of pre-natal pay at their basic rate of pay
2. Six (6) weeks of post-natal pay at their basic rate of pay, to be paid over
three pay periods upon return to work on a regular full-time basis.
Should an employee voluntarily terminate employment within six (6) months
following the return to work, the postnatal pay must be reimbursed.
An employee on Maternity Leave will continue to accrue vacation time and
is eligible to take that time as unpaid vacation leave, which must be taken
at the end of the Maternity Leave. During this leave of absence
the Company will pay 100% of the premiums for Extended Health Care, Dental
Care, Basic Life Insurance, and Accidental Death and Dismemberment.
The employee will be responsible for paying 100% of the Long Term Disability
premiums. The employee will also have the option of continuing the
pension plan contribution.
10.2.1 An employee who intends to take parental leave is entitled
upon written request to be informed in writing of every employment promotion,
or training opportunity that arises during this absence.
10.2.2 An employee who takes parental leave or maternity leave,
shall upon conclusion of such leave be reinstated in the same position and
at the same rate of pay which he held prior to taking such leave.
10.3 Medical and Group Insurance - The Company shall continue
to share the cost of the following Plans covering the employee, his/her spouse
and children and to keep these Plans referred to hereafter in force and not
reduce any of the benefits contained herein during the life of this Agreement
without the approval and agreement to the Union:
| Plan | Employee Portion |
| Basic Group Life Insurance | 40% |
| Accidental Death and Dismemberment | nil |
| Dependant Life Insurance | 100% |
| Long Term Disability | 100% |
| Short Term Disability | nil |
| Semi-Private Hospital Benefits | nil |
| Extended Health Care Benefits | nil |
| Dental Care Insurance | 50% |
| Vision Care Plan | 50% |
(a) "Spouse" as used in this Agreement shall include a
person to whom the employee is legally married or one with whom the
employee has cohabited for at least twelve (12) months. "Children"
as used in this Agreement shall include the children of the person with whom
the employee has cohabited for at least twelve (12) months.
10.4 Pension Plan - The Company agrees that it will maintain
the Pension Plan on terms no less favourable to the employees and at no higher
rates to participating members of the bargaining unit than those which were
agreed upon under the terms of this Collective Agreement. At the
same time the Parties agree that improvements in the Pension Plan are
desirable and will continue discussions to that end during the term of this
Agreement, and the Company will provide all pertinent information
necessary to facilitate such discussions, but nothing herein contained shall
compel either party to institute or to accept any changes.
10.5 Special Leave
(a) When an employee is required to be absent due to a
death in his immediate family, i.e., legal guardian, father, mother,
brother, sister, mother‑in‑law, father‑in‑law, and grandparents
he shall be granted compassionate leave of absence with pay up to three (3)
days, and at the discretion of the Company, additional sufficient time to
accomplish all that is required of him.
(b) When an employee is required to be absent due to a
death in his immediate family, i.e., spouse, same sex partner, child or step-child
he shall be granted compassionate leave of absence with pay up to five
(5) days, and at the discretion of the Company, additional sufficient time
to accomplish all that is required of him.
(c) When an employee is required to be absent due to a
death with respect to his brother in‑law, sister-in-law, aunts, and uncles
he shall be granted compassionate leave of absence with pay for one
(1) day, and at the discretion of the Company, additional sufficient
time to accomplish all that is required of him.
(d) Compassionate leave of absence with pay up to three
(3) days shall be granted with respect to any relative, permanently residing
in the employee's household, or with whom the employee resides.
(e) The Company agrees not to change its past practice
relating to the granting of compassionate and bereavement leave.
10.5.1 The Employer recognizes the need for leave for specified
emergencies, e.g., birth of a child, critical illness in the immediate family.
However, payment for such leave will be at the sole discretion of the Employer.
10.5.2 The Company will grant sufficient time to an employee
for medical, dental and eye appointments where reasonable notice is given.
10.5.3 In the event that an employee desires leave without pay,
he shall apply in writing to the Company stating the reason for such leave.
Permission to grant an employee's request for such leave will be at the sole
discretion of the Company. An employee on leave without pay may be
subject to dismissal if he accepts employment from any source, except as
provided in Article 4.5. No employee shall suffer loss of seniority
or other benefits as a result of such leave.
10.6 Jury and Witness Duty - Employees called to serve
on juries, or to obey a subpoena shall receive their regular salaries during
such periods, less the amount they receive in payment for such calls, provided
the employee returns to work if he is released from jury prior to 12:00 noon.
An employee serving on a jury or obeying a subpoena will not be assigned
to work on evenings or weekends during such service.
10.7 Severance Pay - Severance pay shall be paid to an
employee dismissed or released through no fault of his own. Such severance
shall be paid at the rate of three (3) weeks’ salary for each completed year
of service up to a maximum of thirty (30) weeks' salary. In any event,
a minimum of four (4) weeks' salary shall be paid. With respect to
incomplete years, the severance pay shall be on a pro-rata basis calculated
to the nearest month.
10.8 Existing Benefits - The Company recognizes that as
of February 26, 1988, employees in the bargaining unit have enjoyed certain
benefits and the Company agrees not to alter or change these benefits in
such a manner as to be discriminatory.
ARTICLE 11
Transportation and Travel Expenses
11.1 Travelling Expenses - The Company agrees to reimburse
each employee for all authorized travel and/or approved expenses and for
parking fees and other justifiable miscellaneous expenses in connection with
their assignments upon presentation of receipts where feasible, and
where travel is approved by the Department Head.
11.1.1 When an employee on authorized Company business is
involved in an accident resulting in damage to his car and the amount of
damage cannot be recovered from any other person or persons, the Company
agrees to reimburse the employee for the deductible amount under the
employee's car insurance plan to a maximum of two hundred and fifty
dollars ($250.00).
11.1.2 It is expressly agreed that the use of an employee's
car in executing the business of the Company is not compulsory, and
he may at his discretion decline to do so.
11.1.3 When employees are required to end a tour of duty due
to unscheduled overtime at a time when public transportation is not
available, taxi fare will be provided when required by the employee, except
for those News employees who have agreed to supply their vehicles for Company
business.
11.1.4 News Mileage ‑ In the case of News, both the Union
and the Company recognize what has been common practice in the Bureaus whereby
the Camera Operator provides his personal vehicle to transport ENG equipment
and News personnel to and from assignments. To those employees
who agree to supply their vehicles to CTV on a regular basis, the Company
shall:
(a) Provide one hundred percent (100%) of the cost of Bureau
parking for one vehicle per crew (where free parking is unavailable), plus
parking fees while on assignment;
(b) Reimburse employees for approved mileage at the rate
of thirty‑six cents (36¢) per kilometer.
(c) Where employees agree to use their vehicle on a regular
basis, they shall receive a minimum credit of one thousand (1,000) kilometers
payment each month;
(d) Where employees agree to use the vehicle on a regular
basis, they are required to carry business insurance. The Company will
pay the difference between business and pleasure insurance, to a maximum
of two hundred and fifty dollars ($250.00) per year upon the submission of
a copy of the insurance statement and receipt.
11.2 Definition of Location and Location Expenses - For
the purposes of this Agreement, the following definition of "location" shall
apply:
(a) "Local" location shall be considered within a forty
(40) kilometer radius of City Hall, and the major airport servicing each
city.
(b) "Out‑of‑Town" location shall be any point beyond the
limits defined as "Local" location.
11.2.1 The Company shall pay a per diem allowance to employees
while on out‑of‑town assignments. Claims will not be calculated on
fractions of a day, but rather shall be reimbursed for any or all meal periods
while out of town, according to the following schedule:
| In Canada | (CDN) | US & Other (US) |
| Breakfast | $10.00 | $11.00 |
| Lunch | $18.00 | $16.00 |
| Dinner | $30.00 | $33.00 |
| $58.00 | $60.00 | |
| Subsequent | $15.00 | $16.00 |
11.2.2 Employees on "out-of-town" assignments who require overnight
accommodation shall receive single occupancy first class accommodation at
Company expense when available at the location concerned.
First class accommodation shall be determined by AAA or CAA published standards.
11.2.3 The allowances mentioned in Article 11.2.1
shall be in
addition to the following allowable expenses:
(a) The cost of transportation, including chair or parlour car
seat, and, when applicable, automobile mileage allowance.
(b) The cost of taxis and limousine service between residence
and station or Bureau or airport at point of departure and return, and between
station or airport and hotel, at point of destination, between job site and
hotel and return.
(c) The cost of vehicles for the transport of equipment.
(d) The reasonable cost of extra assistance in handling equipment.
(e) For News Bureau employees, a five (5) minute call to home
base shall be provided on a daily basis when on assignment within North America.
Outside North America a News employee shall be provided a five (5) minute
call home on the first day and a five (5) minute call home each third (3rd)
day thereafter. All calls are to be charged to the company supplied
telephone credit card wherever possible, not on hotel room bills.
(f) The cost of laundry on assignments of five (5) days or more,
or when an assignment is extended after the employee leaves his home base.
(g) The Company agrees to insure News Bureau employees covered
under the terms of this Agreement against accidental death or dismemberment
in the amount of $250,000 while travelling in a war zone or civil insurrection
area.
(h) All costs of obtaining required travel documents, i.e., passports,
photographs, visas, inoculations, etc., shall be borne by the Company.
As a condition of employment, it is the responsibility of each
News Bureau employee to maintain current and valid travel documents.
(i) At its discretion, for purposes of business travel, the Company
may provide employees with selected corporate credit cards. Personal charges
on company accounts are not allowed. Abuse will result in forfeiture.
(j) The Company shall return an employee to home base at Company
expense when a medical or family emergency occurs while on assignment,
either to the employee, or his family. Any additional medical
costs above the employee's insurance coverage for emergency treatments
while on assignment shall be borne by the Company.
(k) In the event an employee is sent on an out‑of‑town assignment
without the opportunity of packing the appropriate wardrobe, and with the
prior approval of the Company and upon submission of proper receipts,
the Company shall reimburse the employee for reasonable clothing
expenses.
(l) All News Bureau air travel will be economy class, except
on flights which exceed six (6) hours in duration when business class shall
apply.
(m) Where employees are assigned to an out‑of‑town location for
a duration of ten (10) days or longer, at its discretion the Company may
choose to provide accommodation at an apartment or "housekeeping"
hotel. Such arrangements will be made in consultation with the employee,
and matters such as the transport of personal effects and the ability to
maintain personal business while away from home shall be accommodated
in a reasonable manner. Article 11.3 (d) will not apply during such
an assignment.
(n) News Bureau employees who are required to travel shall be
provided an advance to cover expenses during their assignments according
to the then current corporate practice. All expenses must be submitted
on the appropriate Company claim form, accompanied by original receipts only,
as soon as possible after returning to home base, but not longer then thirty
(30) days depending on circumstances.
(o) News Bureau employees who accept a transfer from one city
to another shall do so under the terms of the existing CTV News moving policy,
which shall include the cost of real estate fees and a repayment schedule
should the individual cease employment with the Company on his own choice.
Note: It is not CTV News policy to pay the moving expenses of first
time, new employees.
11.2.4 It is agreed that an application for an advance to cover
travelling and location expenses will be made as far in advance as possible
of an employee's departure time, and that an accounting of any such expenditures
with receipts, will be submitted for approval within five (5) working days
of an employee's return to home base.
11.3 Travelling Conditions - For pay purposes, employees
engaged only in travelling shall be credited with all time consumed when
travelling on an assignment of the Company. Such time will be computed:
(a) From two (2) hours prior to the scheduled time of the carrier's
departure, when the employee leaves from his home for travel by common carrier.
(b) From the assigned hour of departure from his home when the
employee travels by automobile direct to the assignment.
(c) From the time he leaves his normal place of employment
when the employee reports there before proceeding to travel.
(d) From the assigned hour of departure from his lodging when
an employee is using overnight accommodation.
11.3.1 Time credited for the return journey under the above conditions
will be computed in the same manner.
11.3.2 The Company agrees to maintain adequate liability insurance
on all vehicles owned or rented by the Company which it requests any
employee to drive.
11.3.3 When an employee is required to work at a studio or remote
location other than his normal place of employment, he shall be credited
with all time consumed in transit between such normal place of employment
and any other studio or remote location and return.
ARTICLE 12
Holidays and Annual Vacation
12.1 Holidays and Holiday Pay - The following shall be paid holidays:
| New Year's Day | Ontario Civic Holiday |
| Good Friday | Labour Day |
| Victoria Day | Thanksgiving Day |
| Canada Day | Christmas Day |
| Boxing Day |
Plus any day duly proclaimed by the Federal Government as a public holiday.
In the case of News Bureaus other than in Ontario, an employee shall be guaranteed
a total of nine (9) public, paid holidays even though his particular Province
may designate days other than those specified above as official holidays.
(a) In addition to the holidays listed above, three (3) additional
holidays shall be granted each calendar year. Such holidays shall be
taken at a time mutually convenient to the Company and the employee.
In the case of new employees the additional holidays shall be credited after
six (6) months Company seniority. The credited additional holidays
shall be taken within the calendar year. Should the Federal Government
declare Heritage Day as a legal holiday, then that day shall replace one
of these floating holidays.
(b) When one of the nine (9) holidays listed above falls on a
Saturday or Sunday and the day following is proclaimed a holiday by
the Federal or Provincial Authorities, the corresponding weekday(s)
proclaimed shall be deemed to be the holiday(s) for the purposes of
this Agreement.
(c) When December 25th falls on a Saturday or Sunday and where
December 26th and 27th are proclaimed as public holidays, the entitlement
to holidays for the purposes of this Agreement shall be only December 25th
and 26th.
(d) When January 1st falls on a Saturday or Sunday and where
the preceding Friday or following Monday is proclaimed as a public holiday,
then the entitlement to the holiday for the purposes of this Agreement shall
be only January 1st.
12.1.1 Employees shall be compensated for the above holidays
in the following manner:
(a) If the holiday falls on a regular working day and the employee
is not required to work, he shall be paid for eight (8) hours at his basic
rate of pay.
(b) If a holiday falls on an employee's scheduled day off or
within his vacation, he shall receive one (1) additional day off either added
to the vacation or granted at another time agreeable to both Parties.
(c) If the holiday falls on a scheduled work day and the employee
is required to work, he shall receive two and one half (2½) times
his basic rate (which amount shall include his normal basic pay) for all
hours worked with a minimum credit of eight (8) hours and three (3) times
his basic rate for all hours worked in excess of eight (8) hours.
(d) If the holiday falls on a scheduled day off and the employee
is required to work, he shall receive three (3) times his basic rate for
all hours worked, with a minimum credit of eight (8) hours.
(e) For any of the remaining holidays received in accordance
with (b), (c), or (d) above, an employee may at his option receive a day
off at a mutually agreed time and this option shall be indicated on the time
sheet for the week in which the holiday occurred. The payment received
for each holiday as provided in (b), (c) or (d) above shall be reduced by
eight (8) hours basic pay only for each day taken in lieu as provided herein.
An employee leaving the employ of the Company shall receive unused credits
provided herein by cheque.
12.1.2 A tour of duty beginning on the eve of a holiday and continuing
into the holiday shall not be considered as work performed on the holiday
and a tour of duty beginning on the holiday and continuing into the
day following shall be considered as work performed on the holiday.
12.2 Scheduling of Christmas and New Year's - Before December 1st of
each year the employees will advise the Company of their preference of days
off to be scheduled over the Christmas and New Year's holidays. The
employees' choice of days off shall be granted on the basis of Company
seniority within the functional group and each employee, if he so requests
shall be scheduled off on either Christmas Day or New Year's Day. An
employee scheduled off on one of these days shall not be required to work
beyond 6:00 p.m. on the eve of that holiday.
In the case of News Bureaus, the Company reserves the right to schedule Christmas
and New Year's days off on a bureau‑by‑bureau basis. Company seniority
shall apply only in those Bureaus with multiple crews.
12.3 Vacations and Annual Leave - Employees shall be entitled
to an annual vacation with pay, or separation pay in lieu thereof, in accordance
with the following table:
| SERVICE
Seniority as defined in Article 8.1 at April 30 of each year |
DURATION
Duration of vacation in working days. |
PAYMENT
% of gross earnings since May 1st. |
| Less than 6 years | 1¼ days per month (i.e., 15 days per year or 3 calendar weeks) | 6% |
| 6 years to 14 years | 4 calendar weeks | 8% |
| 14 years to 23 years | 5 calendar weeks | 10% |
| 23 years and over | 6 calendar weeks | 10% |
12.3.1 In the event pay day(s) occur during an employee's vacation
period, he shall, upon request, receive his pay cheque prior to going on
vacation. Except in the case of last minute vacation scheduling, requests
for such advance must be received by the Department Head three (3) weeks
in advance to allow for appropriate computer programming changes.
12.3.2 Employees may take a day or two departmental leave, provided
they have vacation leave to their credit subject to the departmental head's
approval.
12.3.3 Employees may be allowed to waive their vacation period
at the Company's discretion, and allow their vacation days to accumulate
from year to year.
12.4 Scheduling Annual Leave - Vacation periods shall be scheduled
between June 1st and September 30th. Vacations may be taken outside
the vacation period when requested by the employee and agreed to by the Company.
(a) It is understood and agreed that an employee, at his option,
need not take all vacation time owed at any one time subject to the provisions
of Article 12.3.3.
12.4.1 On or prior to March 15th, employees shall be notified
to advise the Company of their vacation preferences on a form prescribed
by the Company. These forms must be completed and returned to the Company
no later than April 1st.
12.4.2 Vacation schedules shall be posted no later than April
21st and preferences shall be given employees on the basis of Company seniority
within the functional groups.
12.4.3 In the case of News Bureaus, due to the varying nature
of news coverage, it is agreed that scheduling of annual leave shall be a
matter of discussion between the Company and individual employees on a bureau‑by‑
bureau basis. Company seniority shall apply within functional groups
only in those Bureaus with multiple crews.
ARTICLE 13
Hours and Scheduling of Work
13.1 Work Week - The work week shall consist of five (5) days
of eight (8) consecutive hours each, commencing at 12:01 a.m. Monday.
The hours of work shall be exclusive of the first meal period but inclusive
of the second meal period and break periods.
13.1.1 The five (5) day work week referred to in Article 13.1
shall be computed as being averaged over four (4) weeks comprising twenty
(20) working days (i.e., as encompassing two (2) pay periods).
13.1.2 Alternative Work Week - Notwithstanding Articles
13.1 and 13.1.1, an employee may be scheduled on a four (4) day work week
consisting of a ten (10) hour tour of duty for each day in that work week.
The standard work day provided for in Article 13.1 shall be ten (10) hours
in such cases, exclusive of the first meal period but inclusive of all other
meal periods and break periods. The third day off in the work week
resulting from this Article shall be scheduled consecutive to the two (2)
consecutive days off provided for in Article 13.2.
13.2 Days Off - There shall be two (2) consecutive days
off for each work week which shall be referred to as "scheduled days off",
and which may be given in the week adjacent to the week in which they were
earned. The two (2) scheduled days off may be in separate work weeks,
that is, Sunday and Monday. The Company shall continue to make an effort
to schedule the two (2) scheduled days off on weekends as frequently
as possible and in any event not less often than one weekend in every three.
13.2.1 The work days in any work week need not necessarily
be consecutive, they may be separated by the two (2) consecutive days off.
13.2.2 Two (2) scheduled days off shall be defined as fortyeight
(48) hours plus the turnaround period of twelve (12) hours for a total of
sixty (60) hours. Three (3) and four (4) scheduled days off shall be
defined respectively as seventy‑two (72) hours plus the turnaround
period of twelve (12) hours for a total of eighty‑ four (84) hours and ninety‑six
(96) hours plus the turnaround period of twelve (12) hours for a total of
one hundred and eight (108) hours.
13.2.3 When the two (2) scheduled days off are separated as provided
in Article 13.2.6, there shall be eighty-four (84) hours between the end
of the last tour before, and the beginning of the tour next following, such
days off.
13.2.4 An extra day off is defined as twenty-four (24) hours
only and may be scheduled consecutive to scheduled days off or separate
from them.
13.2.5 Two (2) scheduled days off may be separated by a holiday
only when no work is scheduled on that holiday.
13.3 Tour of Duty - A tour of duty or tour shall mean the scheduled,
authorized and/or approved time worked by an employee during a day, not including
call‑back, with a minimum credit of eight (8) consecutive hours, provided
that if the tour extends beyond midnight, it shall be considered as falling
wholly within the calendar day in which it starts.
13.4 Posting of Schedules - The weekly schedule clearly showing daily
starting times, finishing times and days off, shall be posted no later than
1:00 p.m. on Friday two (2) weeks prior to the week in question. Further,
News Bureau employees do not require meal periods to be scheduled and posted.
Once the weekly schedules have been posted the employee's days off for
such posted schedule shall not be changed without the employee's consent.
For purposes of scheduling in News Bureaus, it should be understood all times
quoted in this Agreement are to be considered local time.
13.4.1 After this posting, there shall be no reduction in the
number of hours scheduled, except that the posted number of hours may be
reduced due to the vagaries of the news agenda until the end of the fourth
(4th) hour of the tour in question. If such notice is not given, all
additional hours originally scheduled and not worked will be paid at half
time.
13.4.2 When an employee’s daily schedule totals less than eight
(8) hours, every effort will be made by the Company to provide notice of
increased hours as soon as possible, given the vagaries of that day's news
agenda. But, regardless of notice, all actual hours worked shall
be reported on the weekly time sheet to be paid at whatever rate is applicable
when the total number of hours worked is determined at the end of the week.
13.4.3 The provisions of Articles 13.4
and 13.5 with respect
to scheduling of start and finish times or the changes thereof will not be
applicable to News employees on out‑of‑town assignment. On those
occasions, start and finish times shall be assigned as early as possible
but not later than the end of the tour of duty on the day before for purposes
of continuing the news assignment or returning to home base. If
such notice is not given, the employee's tour of duty for the next day shall
be deemed to commence at whatever time was originally posted.
13.5 Change of Schedule - Notice of change of starting time shall
be given no later than the end of the fifth (5th) hour of the prior tour
of duty. 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
will notify the employee directly. If such notice is not given, the
employee shall be credited with all hours originally scheduled plus any additional
hours.
13.5.1 Due to the varying nature of news coverage, every effort
will be made by the Company to contact News Bureau employees returning from
a leave if the pre-arranged start time for the day of their return has been
altered. Similarly, such employees should also endeavour to contact
their immediate supervisor or the News desk by telephone to confirm the start
time of the next day's tour of duty so as not to miss an assignment.
13.5.2 It is the responsibility of an employee to report to the
Supervisor in charge of scheduling advising when he will be available for
duty following absence due to illness. It is the Company's responsibility
to then or subsequently inform the employee of any change in his schedule.
13.5.3 It is the intent of the foregoing to ensure that each
employee shall be apprised of his daily work schedule at the earliest possible
time.
13.6 Overtime Computation - Overtime shall be paid for all time worked
or credited in excess of forty (40) hours in any week at the rate of one
and one-half (1½) times an employee's straight time hourly wage.
Should the hours of work exceed sixty (60) in a week, an employee shall receive
two (2) times his basic hourly rate of pay for the sixty-first (61st) and
all subsequent hours of work.
13.6.1 Payment for overtime shall be made not later than the
last pay period of each calendar month. If an error in computation
of overtime occurs, it shall be adjusted as soon as possible and in no event
later than the next pay day.
13.6.2 No payment for overtime shall be made unless it is authorized
either before or after by a Company Supervisor.
13.6.3 An employee may at his own discretion refuse to work overtime
and shall not be penalized for so refusing. However, if employees refuse
an overtime request, the Company may hire outside contractors to complete
the assignment.
13.7 Work on a Scheduled Day Off - When an employee agrees
to work on a scheduled day off, the rate shall be one and one‑half (1½)
times the normal rate with a minimum credit of eight (8) hours.
13.7.1 If an employee who has worked on one of two or more, consecutively
scheduled days off, agrees to work on the second or subsequent such consecutively
scheduled days off, he shall be paid for all hours worked on such second
or subsequent day(s) off at twice (2X) the basic rate with a minimum credit
of eight (8) hours.
13.7.2 All time worked in excess of eight (8) hours on a day
off shall be paid at an additional one‑half (½) the basic rate over
the rates contained in Articles 13.7 and 13.7.1.
13.7.3 An employee may refuse work on a day off without being
penalized in any way for such refusal.
If employees refuse work on a scheduled day off, the Company may hire outside
contractors to complete the assignment.
13.7.4 Notice of cancellation of assigned work on a scheduled
day off or on a holiday shall be given no later than four (4) hours prior
to the end of the tour on the day prior to the days off or holiday in question.
If such notice is not given, the employee shall receive four (4) hours' pay
at the straight time rate, computed separately from the work week.
13.8 Turnaround Period - A turnaround period is a period of at
least twelve (12) hours between the end of one tour of duty and the commencement
of the next tour of duty.
13.8.1 All time worked which encroaches on the turnaround
period shall be paid for at an additional one-half (½) the basic hourly
rate as defined in Article 13.6 computed separately from the work week except
as provided in Article 13.8.4.
13.8.2 In the event that a turnaround period is less than eight
(8) hours in duration, an additional compensation of ten dollars ($10.00)
shall be paid to the employee.
13.8.3 In the event that a turnaround period is less than four
(4) hours, the previous tour of duty shall be considered continuous
and the scheduled tour of duty following shall be considered an extra
day off paid at the basic hourly rate.
13.8.4 No payment shall be made for the following:
(a) Encroachment on a swing‑in shift (where the employees
are on a regular rotating shift pattern) which occurs in conjunction with
an employee's regular scheduled days off;
(b) Encroachment caused by an extension of a tour of duty due
to absence to attend Union negotiations or grievance meetings.
13.9 Call‑Back - Call-back is defined as those hours
credited to an employee who, having worked and/or been credited with the
total hours in his tour of duty (Article 13.3), is called back for further
work.
13.9.1 If an employee is scheduled, assigned or notified of a
call‑back before or after the time he leaves his place of work on the day
of the call‑back, a minimum of four (4) hours shall be added to the tour.
13.9.2 An employee scheduled, assigned or notified of a call-back
after having left his place of work on the day in question, and having completed
the work assigned, shall be paid at whatever rate is in effect when the number
of hours worked and/or credited is totalled at the end of the week.
13.9.3 An employee, at his own discretion, may refuse to work
call‑back as outlined in Article 13.9 and shall not be penalized for such
refusal.
If employees refuse a call‑back request, the Company may hire outside
contractors to complete the assignment.
13.9.4 Should all qualified employees who could be reached refuse
a call‑back, the Company may direct the required overtime to any qualified
member of the bargaining unit, in inverse order of seniority.
13.10 Night Differential - All work performed between the hours
of 12:00 midnight and 6:00 a.m. shall be compensated for at an additional
fifteen per cent (15%) of the basic hourly rate computed separately from
the work week for each hour, or portion of an hour worked between the said
hours. Night differential shall not be deemed overtime or part of basic
pay.
13.11 Temporary Upgrading - Should an employee be temporarily
assigned to perform work in a higher classification than that to which
he is permanently assigned, he shall be paid at the normal rate within the
wage scale applicable to the higher classification, provided that the
total hours of work in the higher classification exceed six (6) in any one
week. This clause shall not be used for the purpose of reducing the
number of employees in the classification to which such an employee is being
upgraded. In no case shall upgrading result in any reduction of an
employee's salary.
13.11.1 The provisions of Article 13.11 shall not apply when an employee
temporarily relieves another employee in a higher classification for
a meal period not exceeding one (1) hour in any one (1) tour of duty.
13.11.2 Notwithstanding Article 13.11.3, it is recognized by the Parties,
that upon the agreement of the employee, he may be assigned on a temporary
or occasional basis to a functional group that is substantially different
from his regular functional group in order to avoid payment for overtime
for work on a first or second day off to other employees in the functional
group to which he is so assigned, subject to the provisions of Article
13.11.
13.11.3 Employees temporarily assigned to perform the principal job
functions of a higher classification in Management for four (4) hours
or more, shall receive one dollar ($1.00) per hour for each hour so assigned
and they shall have none of the benefits or conditions of work under the
Agreement impaired for the duration of such assignment.
13.11.4 At the time of assignment to a higher classification,
an employee shall be verbally advised of his temporary upgrading and the
rate of pay which may apply. This shall be confirmed in writing and
noted on his daily assignment sheet.
13.12 Excessive Hours and Safety - The Company shall not repeatedly
assign excessive hours of work to employees. All reasonable safety
and precautionary measures shall be taken by the Company. The Company
will continue to provide smocks and other protective clothing in accordance
with its present practices. Employees will not be required to work
alone in the building. The Company will give consideration to
the capabilities and physical limitation of an employee in the assignment
of work.
The Company shall make all reasonable efforts to ensure that all areas of
operation are properly ventilated and that a reasonable circulation of air
exists, and further that the building's climate control system operates within
a reasonable temperature range.
13.12.1 It is recognized that due to the nature of the Network
News operation, Bureau employees may on occasion be assigned to cover events
in a war zone. The Company agrees no such assignment shall be made
without prior discussion with the employee or over an employee's objection.
13.13 With the mutual agreement of the employee and the Company, an individual
may elect to receive time off in lieu of any overtime or credit for work
performed on days off. Such time off shall be based on the actual rate
of the penalty of premium time earned ‑ e.g., eight (8) hours at one and
one‑half (1½) basic pay equals twelve (12) hours credit ‑ and shall
be in lieu of such payment. A maximum of eighty (80) hours may
be accumulated at any time and shall be scheduled at a time mutually
agreed upon by the employee and the Company, news assignments permitting.
An employee may elect to liquidate the accrued time by cheque payment either
upon leaving the Company or at the end of any of the Company's seasonal quarters,
i.e., November 30, February 28, May 31, or August 31.
ARTICLE 14
Break and Meal Periods
14.1 Employees shall take two (2) reasonable break periods during
a tour of duty at a time that will not interfere with their assignments.
14.2 First Meal Period - News Bureau employees shall receive in all
tours of duty a first meal period of not less than thirty (30) minutes, nor
more than sixty (60) minutes duration which shall be assigned or taken not
earlier than the start of the third (3rd) hour and ending not later than
the end of the sixth (6th) hour of such tour. When operationally feasible
the meal will not be scheduled in the third hour of the tour. If such
a meal period is not taken due to the exigencies of the assignment, then
one-half (½) hour will be added to the end of the tour and be paid
for at the appropriate rate.
14.3 Second Meal Period - News Bureau employees shall receive
a second meal period of not less than thirty (30) minutes nor more than sixty
(60) minutes duration in tours of duty of more than twelve (12) hours, to
be paid at the prevailing subsequent meal rate, unless a meal is provided
by the Company. This second meal period shall be assigned or taken
beginning not earlier than the start of the ninth (9th) hour of the tour
and end not later than the end of the thirteenth (13th) hour of the
tour. If such a meal is not taken due to the exigencies of the assignment,
then one-half (½) hour will be added to the end of the tour and be
paid for at the appropriate rate.
14.4 Subsequent Meal Periods - A subsequent meal period of not
less than sixty (60) minutes shall be scheduled or assigned within the fourth
(4th) or fifth (5th) hour after the scheduled or assigned prior meal period.
Fifteen dollars ($15.00) shall be paid to compensate for the cost of
each subsequent meal.
ARTICLE 15
General Wage Provisions
15.1 Employees shall be paid according to the wage schedule applicable
to 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.
15.1.1 It is understood that recognition of industry experience
and the granting of merit increases in salary are matters for the sole discretion
of Company Management.
15.1.2 The salary scales set forth in Article 16 are minimum.
15.2 Progression up the salary scale within each classification
shall automatically occur on the first complete pay period of the month nearest
the employee's semi‑ annual or annual anniversary date of employment with
the Company.
15.3 When an employee reaches the top of his salary scale his qualifications
shall be reviewed by the Company to ascertain whether he is qualified
for upgrading. The employee shall be advised of the findings of
his review, in writing, not later than ninety (90) days prior to the end
of the twelve (12) month period following the date he reached the top of
his classification, and the Company's decision shall not be a subject for
grievance.
15.4 When an employee is promoted, he shall be placed on an actual
step of the wage scale applicable to his new job function that is not less
than the sum of his former actual salary, including credits previously granted
by the Company for merit or experience in the industry, plus one (1) full
increment in the wage scale of the category from which he is being promoted.
One full increment is defined as the amount the employee would next have
received in his former category.
15.5 Twice the net weekly salary (i.e., salary after a reasonable
proportion of the total monthly deductions have been made) will be paid
not later than 12:00 noon each second Friday. If a pay day occurs on
one of an employee's days off, the employee's pay cheque shall be made available
to him before he leaves work on his last working day prior to the pay day.
15.5.1 Time sheets shall not be altered so as to reduce the employee's
pay claim without the Company informing the employee in writing with
the reason, and alterations shall be subject to grievance. Copies of
the weekly time sheets shall be provided with pay cheques indicating the
overtime computations.
15.5.2 In order to ensure prompt payment, overtime computations
and attendance records time sheets for each week shall be delivered to the
Department Head or his designee by 12:00 noon by Tuesday. Exceptions to this
are those employees whose tour of duty does not coincide with this time limit.
15.6 An employee who reports late for an assignment may be subject
to a reduction in pay when such lateness is not due to circumstances beyond
the control of the employee, (e.g., Act of God). For purposes of determining
the amount of reduction the employee's total tour of duty may be reduced
by the period of lateness calculated to the end of the quarter hour
in which the employee reported for duty.
ARTICLE 16
Wage Scales and Classifications
16.1 Functional Groups - Functional groups shall be defined as
follows:
(a) Floor Director
(b) Switcher/Director
(c) ENG Camera Assistant/Editor
(d) ENG Camera, Senior ENG Camera, ENG Technician, Senior ENG
Technician
(e) Senior ENG Editor
16.2 Wage Schedule - Groups for the purpose of wage classification
shall be as follows:
Group 1: Floor Director
| January 1 2002 | January 1 2003 | |
| Start | $543 | $557 |
| 06 Months | $557 | $571 |
| 12 Months | $572 | $586 |
| 24 Months | $597 | $612 |
Group 2: ENG Camera Assistant/Editor
| January 1 2002 | January 1 2003 | |
| Start | $779 | $798 |
| 06 Months | $793 | $813 |
| 12 Months | $810 | $830 |
| 24 Months | $845 | $866 |
| 36 Months | $879 | $901 |
| 48 Months | $914 | $937 |
| 60 Months | $953 | $977 |
Group 3: Senior ENG Editor, Switcher/Director
| January 1 2002 | January 1 2003 | |
| Start | $886 | $908 |
| 06 Months | $903 | $926 |
| 12 Months | $922 | $945 |
| 24 Months | $958 | $982 |
| 36 Months | $999 | $1024 |
| 48 Months | $1038 | $1064 |
| 60 Months | $1078 | $1105 |
Group 4: ENG Camera Operator
| January 1 2002 | January 1 2003 | |
| Start | $958 | $982 |
| 12 Months | $999 | $1024 |
| 24 Months | $1038 | $1064 |
| 36 Months | $1078 | $1105 |
| 48 Months | $1122 | $1150 |
| 60 Months | $1166 | $1195 |
Group 4A: ENG Technician
| January 1 2002 | January 1 2003 | |
| Start | $972 | $996 |
| 12 Months | $1014 | $1039 |
| 24 Months | $1054 | $1080 |
| 36 Months | $1094 | $1121 |
| 48 Months | $1139 | $1167 |
| 60 Months | $1183 | $1213 |
Group 5: Sr. ENG Camera, Sr. ENG Technician
| January 1 2002 | January 1 2003 | |
| Flat | $1297 | $1329 |
16.3
Any crew member officially assigned to "standby" which shall
mean having to carry a pager or cellular phone for a specified period
of time on a scheduled day off, shall be compensated by the additional flat
rate payment of forty dollars ($40.00) per day. Should the employee
be called into work from standby, compensation shall be paid at whatever
rates are applicable.
ARTICLE 17
Duration of Agreement
17.1 This Agreement shall commence on the 1st day of January 2002 and
remain in force until the 31st day of December 2003 and from year to year
thereafter, unless either Party notifies the other by registered mail, not
more than one hundred and fifty (150) days and not less than thirty (30)
days prior to the date of expiry, or anniversary of such date, of its intention
to modify this Agreement or until seven (7) days after the Report of a Conciliation
Board has been received by the Minister of Labour. If notice of desire
to modify this Agreement is given as specified above, and the resultant negotiations
extend beyond the expiry date of this Agreement all provisions of the new
Agreement shall be retroactive to such expiry date.
In witness whereof the Parties hereto have caused this Agreement and attached
Letters to be executed by their duly authorized Representatives on this
day of
, 2002.
Communications, Energy and Paperworkers Union of Canada
CTV Television Inc.
_____________________
_____________________
Letter
of Agreement No. 1
During the process of collective bargaining the Parties have agreed to interpretations
with regard to certain articles as listed herein:
Article 8.3.3
The word "may" as it appears in this Article is to be read in the directory
rather than the permissive sense.
Article 13.6.4
In the case of late news feeds, the phrase “who can be reached” is deemed
to also mean ‘ “and who can reasonably report at the time assigned.”
______________________ _______________________
Letter of Agreement No. 2
Re: Pension
During the course of collective bargaining, the CTV Television Inc.
and the Communications, Energy and Paperworkers Union of Canada have
agreed to amend the existing Pension Plan as follows:
(a) Retirement at age 60 with a bridge benefit; such benefit
to be $32.17 per month for each of up to 30 years of service and to continue
until age 65;
Upgrade bridge benefit to $35.10 per month effective July 1, 1996;
Upgrade bridge benefit to $36.10 per month effective July 1, 1997;
(b) Employees will no longer pay the additional 1% contribution
(as negotiated in 1982) for the early retirement provision;
(c) Upgrade career earnings benefits from 1989 earnings to 1992
earnings, effective as of July 1, 1996;
Upgrade career earnings benefits from 1992 earnings to 1993 earnings, effective
as of July 1, 1997;
(d) Interest rate refunds on the Plan shall be the same as the
interest rates paid by the Canadian Imperial Bank of Commerce on its five‑year
term Guaranteed Investment Certificates.
Such interest rates will fluctuate with the average annual rate paid by the
Canadian Imperial Bank of Commerce for its above‑named certificates;
(e) During any Long Term Disability claim, CTV will pay any and
all premiums that the employee would have otherwise paid;
(f) During negotiations the Parties discussed a further upgrading
of the career earnings benefits with a view to improve upon the "1993 earnings".
This may be done if CTV feels that it is in a financial position to so do.
(g) Prior to January 1, 2003 the parties will meet to discuss
improvements to the Pension Plan.
______________________ ______________________
Letter of Agreement No. 3
A number of bargaining unit employees have accumulated varying amounts
of vacation time over the years.
In an effort to clear away these accumulated vacation credits in a fair manner,
CTV and CEP agree as follows:
1) This letter applies only to unused vacation days which
were accumulated prior to September 1, 1999 and which are in excess
of fifteen (15) such days;
2) Any such accumulated vacation days in excess of fifteen
(15), shall be taken by the employee at a minimum rate of ten (10) days each
vacation year, until all such days have been used up;
3) Any such accumulated vacation days shall be taken by
the employee throughout the year at a time which is mutually agreed upon
by the employee and his scheduler;
4) The Company and the Union shall meet in order to discuss
the viability of employees opting to "cash out" a determinate number of these
accumulated vacation days.
_____________________ _______________________
Letter of Agreement No. 4
During the course of negotiations for a new Collective Agreement, CTV proposed
that it be able to rent out to bona fide third party clients available production
facilities. CTV stated that it would make every possible effort to
first encourage such bona fide third party clients to utilize exclusively
CTV bargaining unit employees for this work. CEP agrees that, notwithstanding
sub-article 9.1 of this Collective Agreement, the bona fide third party client
may utilize his own bona fide employees to do this work by utilizing these
facilities if CTV’s encouragement to exclusively utilize bargaining
unit members fails, and on the following basis only:
1) No member of the bargaining unit will be displaced or laid off as a result
of the above-staged arrangement;
2)
Such usage of a bona fide third party client’s own bona fide employees shall
not be used in any way that would circumvent the Union’s exclusive jurisdictional
rights as contained within this Collective Agreement;
3) Such us