COLLECTIVE AGREEMENT
THIS AGREEMENT executed between
CIPA/CKBI TELEVISION
hereinafter referred to as the "Company",
Party of the First Part,
and
COMMUNICATIONS, ENERGY AND
PAPERWORKERS
UNION OF CANADA (CEP - CLC) #820M
hereinafter referred to as the "Union",
Party of the Second Part,
September 1, 2000 to August
31, 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 (2) parties.
ARTICLE
2
DEFINITIONS
2.1 Employee
The term "employee" as used in this Agreement shall mean any person,
either male or female, employed in a classification included within the
bargaining unit referred to in Article 2.2.
It shall include any person employed in any job or classification created
in the future unless the parties, by mutual consent, decide to exclude
such new job or classification, or the Company submits the matter to the
Canada Labour Relations Board for a decision.
2.2 Bargaining Unit
The Company recognizes the Union as the sole and exclusive collective
bargaining agency for all employees in the unit set forth in the certification
of the Canada Labour Relations Board dated October 19, 1987 or any amendments
thereto, as mutually agreed by the parties or as ordered by the Canada
Labour Relations Board or in any of the job functions listed in the wage
schedule under Article 16.8.
The Board's decision includes:
All employees of the Company broadcasting as CKBI, CIPA, and CKBQ at
and from Prince Albert, Saskatchewan, excluding: President, Vice President/General
Manager, Station Manager, Assistant Controller, Operations/Production Manager,
Program Manager, News Director, Director of Engineering, Sales Manager,
Marketing Consultants, Secretary to the President, and Secretary to the Vice
President/General Manager.
2.2.1 The Company will bargain
collectively with the Union in respect to rates of pay, wages, hours and
conditions of work for all employees in the bargaining unit herein before
set forth.
2.3 All employees covered
by this Agreement shall be considered full-time employees of the Company
except as hereinafter provided. They shall be probationary employees
for a period of three (3) months from the date of their employment with the
Company. The Company may extend the probationary period up to a total
of six (6) months from the date of hiring, and in such event, will discuss
the matter with the representative of the Local Union prior to the end of
the first three (3) month period. The employee and the Union shall
be advised of such extension in writing and the reasons therefor. During
the probationary period, the Company may release the employee at any time.
2.4 A part-time employee
is defined as one hired on a regular or occasional basis to cover peak work
periods, summer relief or to work on specific projects of a predetermined
length of time. The total number of part-time employees shall not exceed
twenty percent (20%) of the total number of full-time employees in the bargaining
unit. Part-time employees hired to cover leave for maternity or child
care leave or other leaves of absence will not be included in the 20%.
Such employees shall be paid on an hourly rate based on the wage rate for
the classification to which they are assigned for a particular production.
2.4.1 All articles of this
Agreement shall apply to part-time employees, except as hereinafter provided:
(a) Part-time employees shall receive credit on the
salary scale of the group to which they are assigned for the total accumulated
hours in the bargaining unit, calculated to the last completed month.
Progression up the salary scale shall be provided for each two thousand
eighty (2,080) basic service hours that the employee accumulates.
(b) Part-time employees shall be probationary employees
for a period of one thousand forty (1,040) hours of basic service from the
date of their employment with the Company. By mutual agreement between
the Company and the Union, a part-time employee's probationary period may
be extended to a total of one thousand five hundred sixty (1,560) hours
of basic service from the date of hire.
(c) Article 9.1
- Company seniority will be applied separately for part-time employees
as a group distinct from full-time employees.
Part-time employees who are subsequently hired on a permanent basis
on staff in the same classification without a break in service of more
than ninety (90) calendar days, shall be credited for all purposes with
the total accumulated hours, and their seniority and probationary period
will be calculated accordingly. However, part-time employees who
are subsequently hired as full-time staff in the same classification as
worked while part-time, shall be probationary employees for a period of
one (1) month from the date of full-time employment. The Company
may extend the probationary period for a further three (3) months from
the date of hire as a full-time employee and in such event, will advise
and discuss the extension with the Local Union, prior to the end of the
one (1) month period. During the probationary period, the Company
may release the employee at any time, for reasonable cause.
(d) Articles 9.4 and 9.5
- However, when part-time persons are laid off, it is agreed that the following
shall be applicable:
1: Part-time employees working on a regular weekly
basis shall be given two (2) weeks' notice, in advance of the proposed
layoff, or two (2) weeks' pay in lieu of notice.
2: Part-time employees hired to work on a specific
project, production, vacation or maternity relief or for a specific period
of time, shall be considered to have received notice at the time of hiring.
3: Part-time employees hired on a daily basis, or
on a sporadic basis will not require notice of layoff as provided in the
Agreement due to the very nature of their assignment.
(e) Article 11
(f) Articles 13.1
and 13.1.2 shall apply as to vacation
credit and scheduling, however, vacation pay will be calculated at the rate
of six percent (6%) of gross basic earnings.
(g) Article 13.2
shall apply except that part-time employees shall be entitled to pay for
a general holiday on which they do not work, calculated on the basis of
one-twentieth (1/20) of the wages earned during the thirty (30) calendar
days immediately preceding the general holiday.
(h) Article 14.1
shall apply except that part-time employees shall receive a minimum credit
of four (4) hours per tour of duty.
(i) Article 15;
however, part-time employees shall receive a meal period in all tours of
duty of more than five (5) hours, and in such event, such first meal period
shall be exclusive of hours worked. Meal periods will be assigned
in accordance with Article 15.
2.4.2 When the Company hires or
re-hires an employee, the Company shall notify the Union as to the nature
of employment and its duration.
2.4.3 When the Company re-hires or retains part-time employees
who have been laid off for a period of three months or less, the following
shall apply:
(a) The employees shall be fully credited with earned
seniority for pay purposes only.
(b) If such employees are placed on permanent staff
without a break in service of more than ninety (90) calendar days in the
same job classification, they shall be credited (for the purpose of wages,
vacations, sick leave and seniority), with the total hours served as a
part-time employee.
ARTICLE 3
MANAGEMENT RIGHTS
3.1 It is recognized
that the management of the Company, the control of its properties and the
maintenance of order on its premises is solely the responsibility of Management.
Before implementing new rules and regulations, directly affecting the general
working conditions, the Company will advise and explain such proposed rules
and regulations to the Union.
3.2 Other rights and responsibilities
belonging to the Management of the Company and hereby recognized, prominent
among which but by no means wholly inclusive are: Determination and
control of all programmes; the right to decide the number and location of
plants; the amount and type of supervision necessary; of machinery and technical
equipment; methods, procedures and standards of operation; judgment and
final evaluation of personnel qualifications; operating schedules and the
selection, procurement, designing and engineering of equipment which may
be incorporated into the Company's plant.
3.3 Notwithstanding
anything to the contrary in this Agreement, the Company expressly reserves
the exclusive right to release from employment, any employee who performs
"on-air" on the grounds such employee is, in the sole discretion of the
Company, unsuitable for programming. Employees terminated pursuant
to this Article shall receive severance pay equal to two and one-half (2
1/2) weeks' basic pay for each year continuous service with the Company,
with a minimum credit of three (3) months.
3.4 It is further recognized
that the responsibility of the Management of the Company for the selection,
direction and determination of the size of the work forces, including the
right to hire, transfer, or promote or relieve employees from duty because
of lack of work, or suspend, discipline, demote or discharge an employee
for proper cause is vested exclusively in the Company.
3.5 The rights referred to
in paragraphs 3.2, 3.3, and 3.4 above shall be exercised in accordance
with the provisions of this Agreement.
ARTICLE
4
UNION RIGHTS
4.1 Dues Checkoff
During the term of this Agreement, the Company agrees to deduct monthly,
an amount equal to the uniform dues as levied by the Union. The deductions
are to be based on the gross monthly earnings of every employee in the bargaining
unit, beginning with the signing date of this Agreement or the date of
hiring in the bargaining unit. The present rate of deduction is equal
to one and two thirds percent (1.666%) of gross monthly earnings. The
Company will be notified by registered mail of any changes in the present
rate of deductions.
4.1.1 The Company agrees
to remit the monies so deducted to the Union or its nominee, monthly by
cheque, payable in Canadian funds. The Company shall endeavour to
remit such dues by the fifteenth of the month following the month for which
the dues are deducted and shall include with such remittance a statement
showing the names of the employees from whom deductions have been made,
the respective amounts deducted and the employees within the bargaining
unit who have left or joined the Company since the last payment.
4.1.2 Each year the Company will indicate on the
T4 slips issued to employees, the total amount of dues deducted at source
and forwarded to CEP.
4.2 Notices to Union
The Company shall mail to the Union at its regional office and to the
local Union Secretary one copy of the following:
(a) Within five (5) calendar days, notice of hiring,
dismissal, promotion, or demotion of any employee within the bargaining
unit.
(b) Notice of extension of probationary period, 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, two (2) copies of seniority records and wage information for negotiating
purposes.
(e) The Company shall, when notifying individuals
of their acceptance as an employee, provide in writing, the starting rate
of pay and the classification to which they are assigned. A copy of
this notice shall be sent to the Union in accordance with Article 4.2(a) of this Agreement. The
Company shall also include, at the same time, a copy of the current Collective
Agreement, which shall be supplied by the Union. The Union agrees to
provide the Payroll Department with a reasonable supply of Collective Agreements.
(f) The Union agrees to provide at least annually,
or whenever changes occur, a listing of all union executive, including shop
stewards, to 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 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 a 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 representatives entitling them to admission
to the premises of the Company and other places where employees covered
by this Agreement may be working.
4.4 Bulletin Boards
The Company agrees to the posting by the Union on a designated bulletin
board of announcements regarding Union meetings, elections and their results
and Union social events. All other matters concerning labour affairs
will require prior authorization by the Company.
4.5 Leave for Union Activities
Upon request of the Union, leave without pay will be granted to
a maximum of two (2) employees duly authorized to represent employees of
this bargaining unit at Executive Council meetings or Conventions of the
Union and Labour Educational Seminars. A written request for such
leave shall be submitted at least twenty-one (21) calendar days in advance.
Wherever possible, the employer shall attempt to schedule the days off
to coincide with the normal days off in the week.
4.5.1 Upon request
by the Union, the Company agrees to release without loss of pay, leave credits
and other earned benefits, up to three (3) employees to attend negotiating
sessions with Management. This number shall not exceed one (1) per
department. A request for such release shall be submitted to the Company
at the time when both parties agree upon a date to commence negotiations.
The Union will identify in its request the three (3) employees who will
be attending bargaining sessions. During the course of bargaining
if the Union's negotiating committee changes, or an alternate is required,
the Union shall advise the Company as far in advance as possible of who
the replacement shall be.
4.5.2 Leave without pay will be granted to any employee
who accepts a full-time elective position with the Union for a period not
exceeding four (4) years, or a full-time appointive position with the Union
for a period not exceeding one (1) year. Any additional yearly periods
may be granted by the Company on receipt of a written request of the employee
and the President of the Union.
ARTICLE 5
NON-DISCRIMINATION
5.1 The parties hereto mutually
agree that no employee shall be discriminated against because of membership,
or lack of membership, or by reason of any lawful activity, or lack of
activity on behalf of the Union. The Company will not discourage
membership in the Union, or attempt to encourage membership in another Union.
5.1.1 Employees shall enjoy
equal rights under this Agreement, regardless of age, sex, marital status,
colour, racial, ethnic or national origin, or religious or political affiliation.
ARTICLE 6
NO STRIKE CLAUSE
6.1 The Union will not cause
or permit its members to cause, nor will any member of the Union take part
in, any strike either sit down or stay in, or any other kind of strike or
any other kind of interference or any other stoppage, total or partial, 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.
6.2 The Company will
not require any employee to perform the duties of any other person who is
engaged in a lawful strike, or to originate a program or programs expressly
for the purpose of strike breaking.
6.3 An employee shall have the right to refuse to cross
a legal picket line and such refusal shall not be considered grounds for
disciplinary action, except that News Reporters and Photojournalists may
be required to perform their normal function.
ARTICLE 7
GRIEVANCE PROCEDURE
7.1 The parties recognize
that the Canada Labour Code provides that any employees may present their
personal grievance to their employer at any time. Any such grievance
may be subject to consideration and adjustment as provided in the following
articles on grievance procedure.
7.2 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 Station Manager or a designee within
ten (10) 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 Station Manager or a designee and the Local Grievance Committee consisting
of not more than three (3) members. Such meeting shall take place
within ten (10) days of the request for a meeting.
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 and General Manager of the Company or
a 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 agreement, the dispute may, by
written notice of either party to the other party, be submitted to final
and binding arbitration. The parties 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 the
selection of an arbitrator within these ten (10) days, the Federal Minister
of Labour shall be requested by either party to appoint the arbitrator.
The cost and/or expenses of such arbitration shall be borne equally by
the Company and the Union, except that no party shall be obligated to pay
the cost of stenographic transcript without express consent.
7.3 Arbitrators shall
not have the power to change, modify, extend or amend the provisions of
this Agreement, but Arbitrators shall have the power to direct, if they think
proper, that any employee who has been wrongfully suspended, discharged,
or otherwise disciplined shall be reinstated with pay and with any other
benefit under this Agreement which may have been lost.
7.4 If either of the
parties of this Agreement consider 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 Section 7.2.
7.5 Time Limits
Any time limit mentioned under grievance procedure shall exclude Saturdays,
Sundays and Statutory Holidays and vacations of the employee concerned,
and may be extended by mutual consent.
7.6 Employees shall suffer no loss of pay or
other benefits while attending grievance meetings with the Company.
ARTICLE
8
REPORT ON PERFORMANCE
8.1 Employees shall
be notified in writing, of any expression of dissatisfaction concerning
their work, within ten (10) working days (excluding Saturday, Sunday, and
Holidays) of cause for dissatisfaction becoming known to their supervisor.
They shall be furnished with a copy of any complaint or accusation which
may be detrimental to their advancement or standing within the Company,
as soon as possible after the complaint or accusation is made. If this
procedure is not followed, such expression of dissatisfaction shall not
become part of their record for use against them at any time.
8.2 Where a written
expression of dissatisfaction has been given to an employee, a copy thereof
shall be forwarded to the Union at its regional office and to the Local Union
President, unless the employee requests that it not be sent. Where
an employee so requests, it will be noted in writing and placed in the employee's
file.
8.3 The employee's
reply in writing to such complaint or accusation, if received within ten
(10) working days (excluding Saturday, Sunday, and Holidays) after having
been given the notice referred to in Article 8.1 above, shall become part
of the employee's record. If such reply is not received, it will not
become part of the employee's record for use by the employee at any time.
8.4 Employees shall have access
to their personnel performance file in the presence of their supervisor
during office hours, once every six (6) months (or earlier in the case of
a grievance), at a mutually agreeable time, but in no event later than three
(3) days after the initial request.
8.5 The record of employees
will not be used against them for any purpose for something that occurred
more than twenty-four (24) months prior to the latest incident.
ARTICLE
9
SENIORITY RIGHTS
9.1 Company seniority
shall be deemed to have commenced on the date of hiring by the Company or
upon the date the employee was hired by Shamrock Television Systems Inc.,
Prince Albert Division, whichever is earlier, and shall be equal to the length
of continuous service with the Company(s). Company seniority shall
relate to the order of layoffs, recall from layoff, promotions and the choice
of vacation periods, as provided for in the applicable articles.
9.1.1 Seniority credit shall
continue to accrue while an employee is on leave granted by the Company
to a maximum period of one (1) year.
9.2 Promotions
Employees with the most Company seniority shall, if they meet the qualifications
set for the position by the Company, be transferred to fill a vacancy or
be promoted to fill a vacancy in a higher classification within the bargaining
unit. Nothing in this Article precludes the Company from hiring applicants
from outside sources where no qualified employees apply and are accepted.
A vacancy shall be posted a minimum of seven (7) calendar days (excluding
Saturday, Sunday, and Holidays) prior to filling the vacancy.
9.2.1 Employees promoted to fill a vacancy in
a higher classification shall be on a trial period in such classification
for a period of three (3) months, however the period may be extended up to
a total of six (6) months upon mutual agreement between the Union and the
Company. The Company may at any time during this trial period, return
the employees to their former classification with no loss of seniority.
At the conclusion of a successful trial period the employees will be advised
in writing that their promotion has been made permanent.
9.2.2 Employees who perform in a job classification
different from their regular classification will not be penalized for errors
committed during such performance.
9.2.3 Should an applicant
for promotion or transfer be unsuccessful, it is agreed that Management
will discuss with the employee, if so requested, why the promotion or transfer
was denied and will bring to the employee's attention any shortcomings
which may affect that employee's opportunities for advancement.
9.3 Discharge and Demotion
The discharge or demotion of any employee with seniority shall only
be for just and sufficient cause. An employee discharged for just
and sufficient cause, other than gross misconduct, shall be entitled to
two (2) weeks notice or pay in lieu thereof.
9.4 Layoffs
When layoffs are to be made, such layoffs shall proceed in inverse order
of Company seniority within those job functions affected; said job functions
are listed in Article 16.8.
9.4.1 Employees about
to be laid off from one job function who have the occupational qualifications
in another job function, may apply their seniority and revert to such other
function(s). No employee is to be displaced by a more senior employee
unless the latter possesses the occupational qualifications to perform
the job filled by the employee with less seniority. It is understood
and agreed that an employee with the qualifications may require a certain
period of familiarization [i.e. four (4) weeks] in the new classifications.
On a case to case basis, if it is deemed by the Union and by Management
that a senior employee, wishing to bump, can become qualified through a
reasonable period of on the job training, that employee will be allowed
to exercise their bumping rights. It should be noted that this reasonable
period of on the job training would consist of a period no longer than the
probationary period reflected in Article 9.2
of this Agreement. It should also be noted that based on Article 3.1, Management will have the final
decision on an employee’s level of qualifying as it applies to this Article.
If, after the aforementioned period, the employee is still unsuccessful
at completing the daily duties of the position, they would automatically
revert back to normal layoff provisions in Article
9.4.
9.4.2 The Company shall advise
the employee and the Union at least four (4) weeks in advance of the proposed
layoff, or such length of time as prescribed by legislation, or in lieu
of such notice shall pay the employee laid off four (4) weeks' salary, plus
accrued vacation pay.
9.4.3 Employees laid
off and deemed terminated pursuant to any statute, will receive severance
pay equal to two (2) week's pay for each continuous year of service, up to
a maximum of twenty-eight (28) weeks' salary. With respect to incomplete years,
the severance pay shall be on a prorated basis, calculated to the nearest
month. The above mentioned severance payment shall be deemed to include
any severance required pursuant to any statute.
9.4.4 While an employee
is laid off, the Company will continue the Group Benefits payments from
the period of lay-off up to a maximum of six (6) months or until the employee
is eligible for benefits at the new place of employment, whichever comes
sooner. Group benefits are defined as health, dental, vision, group
life and accidental death and dismemberment (AD&D) insurance.
In addition to making the aforementioned
post-layoff provision, the Company will also provide counseling services
through a third party, similar to those as performed in the past. After
the Company has received an initial assessment on a laid off employee, should
that employee request outside training deemed reasonable by the Company,
that benefit will be provided and the above mentioned counseling services
will be terminated.
Upon prior approval of the Company
and upon successful completion of this training course, the Company will
reimburse the employee for tuition and/or registration fees. The Company
has the right to request a Certificate of Completion or official transcript
from the employee as satisfactory proof.
9.4.5 A job function,
as set out in Article 16.8, and its
corresponding "senior" designation shall be considered one and the same
job function for the purposes of determining seniority in the event of lay-off.
9.4.6 Employees who revert
to a lower job group at their own request and whose salary is higher than
the maximum of the lower 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 reaches the employee's salary and then such employee will
proceed on the salary scale in accordance with
Article 16.
In addition, if the employee's salary is lower than the maximum of the
lower group, their salary shall be frozen until their next anniversary date
at which time they shall move to the next closest higher step on the salary
scale of the lower rated job.
9.4.7 Employees who
bump into a higher group shall be paid at a rate within the new group closest
to, but not less than, their rate of pay prior to the bump.
9.5 Re-Engagement of laid off employees
When full-time vacancies occur, the Company agrees to recall, in the
order of Company seniority, former employees who have been laid off for
a period not exceeding twelve (12) months, provided the employee possesses
the occupational qualifications to fill the vacancy. In addition,
employees with one (1) or more years of seniority at the time of the layoff
shall be entitled to recall for a period of eighteen (18) months from the
date of layoff provided they notify the Company in writing of their continued
desire to be recalled. In the event that the Company and the Union do not
agree on the occupational qualifications of the employee in question, the
matter will be subject to the grievance procedure. The Company further
agrees to give preferential consideration to the re-engagement of such former
employees who had at least one (1) year of Company seniority and who have
been laid off for a period exceeding eighteen (18) months.
An employee who is bumped into a lower rated classification in accordance
with Article 9.4.1, shall retain first
recall rights to their previous classification when a vacancy occurs therein.
9.5.1 The Company's responsibility
will be considered to be fulfilled if the Company gives notice, in writing,
by registered mail to the employee's last known address. Employees
must notify the Company of their intention within seven (7) calendar days
(excluding Saturday, Sunday, and Holidays).
9.5.2 Employees who are unable
to return to work for just and sufficient cause within the said seven (7)
calendar days (excluding Saturday, Sunday, and Holidays) period, upon presentation
of their case to the Union and Company, may retain their seniority and will
become the next available employee on the rehiring list.
9.5.3 Notwithstanding
Article 9.5.2, laid off employees may
refuse recall to any part-time work or vacancies and to any full time work
or vacancies in a classification different to the one they held at the time
of the layoff.
9.6 Computation of seniority
after uninterrupted service
In the event employees with more than one (1) year's Company seniority
is laid off or transferred to a position within the Company not covered
by this Agreement:
(a) Continuity of service for the purpose of Company
seniority shall be considered unbroken if they return to the status of an
employee within twelve (12) months, or,
(b) If they return to the status of an employee after
twelve (12) months have elapsed, their Company seniority upon their return
shall be that which they had on the effective date of such layoff or transfer.
ARTICLE
10
TECHNOLOGICAL CHANGE AND TRANSFER OF WORK
10.1 It is agreed that
the Company has the right to introduce and use new or modified equipment,
machinery, apparatus, processes, methods and or types of equipment (hereafter
referred to as Technological Change). The Company reserves the right
to transfer, assign or subcontract any work or functions covered by this
Agreement (hereafter referred to as Transfer of Work).
10.2 In the event Management
introduces, or permits to be used, any process machinery or equipment which
substitutes for, supplements, or replaces any process, machinery or equipment
being operated as of the date of this Collective Agreement by employees
within this bargaining unit, consideration will be given to bargaining unit
members for the operation of such equipment. It is agreed, and referenced
in Article 3.1 and 3.2 of this Agreement that Management has the
right to control its properties and determine the methods, procedures and
standards of operation, and subsequently any final decision on the operation
of any such new processes will be that of the Company.
10.3 Where new or modified
equipment, machinery, processes are introduced, the Company will provide
adequate training for affected employees in the operation and maintenance
of the new or modified equipment, machinery, or process.
10.4 In the event that the
Company decided to transfer work or introduce technological change and any
job is to be eliminated as a result, the Company shall notify the Union in
writing of its intention to do so. This notification shall be delivered
no later than six (6) months prior to the date of the planned transfer of
work or introduction of technological change.
10.5 No later than forty-five
(45) days following the giving of the notification referred to in Article 10.4, the parties shall discuss the
application of the relevant provisions of this Collective Agreement.
10.6 No later than three (3)
months prior to the planned transfer of work or introduction of technological
change, the Company shall notify each affected employee to the effect that
their job is being eliminated or transferred.
10.7 The notice referred
to in Article 10.4 shall be in writing
and shall state:
(a) the nature of the transfer of work or introduction of
technological change
(b) the approximate date on which the Company plans to carry out
the transfer of change
(c) the approximate number and types of employees likely to be affected
by the transfer or change
(d) the effect that the transfer or change is likely
to have on the terms and conditions or security of employment of the affected
employees.
10.8 Any employee whose
job is to be eliminated as a result of a transfer of work or introduction
of technological change, shall within a period of thirty (30) days after
having been given the notice referred to in Article
10.6, elect one of the following options:
(a) accept severance
pay based on two (2) week’s regular pay for each full year of continuous
service to a maximim of thirty-four (34) weeks. Partial years shall
be pro-rated,
(b) invoke any
seniority rights pursuant to Article 9 of this Agreement.
10.9 The option selected
by the employee shall be effective on the date of the transfer of work
or the introduction of technological change.
10.10 Severance payment
shall be deemed to include any severance payment required by the law.
Acceptance of severance pay will be considered as a voluntary resignation
with the termination of the employee’s seniority and employment rights.
10.11 Where an employee whose
job has been eliminated displaces another employee with less seniority,
this Article shall apply to the displaced employee.
10.12 Subject to the
provisions of any Collective Agreement at a station or facility where work
has been transferred, an employee whose job has been eliminated will be given
first consideration to fill a vacancy for any similar job which may become
available at the station or facility.
10.13 Where an employee
accepts a job offer pursuant to this Article at another station or facility,
the Company shall pay all reasonable moving expenses. These shall
be approved in advance of the move.
ARTICLE
11
EMPLOYEE BENEFITS
11.1
Sick Leave
Full-time employees absent due to illness or accident shall receive
sick leave with full pay for six (6) months (full pay shall include long-term
disability (LTD) payments), provided such employee complies with
the following requirements:
(a) When taken
ill they shall notify their Department Head at least one (1) hour before
their shift is to commence, if reasonably possible.
(b) Employees
shall offer proof, satisfactory to the Company, of their illness after
three (3) continuous days of their illness, if requested to do so
by the Company.
Absence because of illness or incapacity shall not interrupt a full-time
employee's vacation credits.
Part-time employees absent due
to illness or accident shall receive sick leave pay equal to one twentieth
(1/20) of the previous 30 days pay for each day that they are absent.
To qualify for this benefit, a part-time employee must meet all the following
criteria:
(a) they must have a regular scheduled shift of recurring days
and hours each week,
(b) they must work, and have a history of working, a minimum of
fifteen (15) hours per week,
(c) they must obtain a cumulative number of one thousand and forty
(1,040) hours worked.
In addition, compliance to the
aforementioned full-time requirements must be met by part-time employees
prior to receiving such benefits. Part-time sick leave benefits will
terminate after a continuous period of leave equal to thirty (30) days.
11.2 Maternity Leave/Child
Care
An employee shall be entitled to a total of two (2) weeks of prenatal
leave with pay. Such employee shall also be entitled to a total of
six (6) weeks of post natal leave with pay. It is agreed that
payment for the post natal leave shall not become due until the employee
has returned to full time employment with the Company and will be paid
over the six (6) week period subsequent to the employee's return to full
time employment.
11.2.1 The Company shall grant Maternity/Child
Care Leave of Absence for a period of fifty-two (52) weeks without
pay. The maternity leave portion shall be seventeen (17) weeks, and
the child care portion thirty-five (35) weeks. It is understood that
this leave is inclusive of all pre- and post-natal leave. During the
Maternity Leave, benefits and seniority credits contained in Article 11.3 continue to apply and the Company
will pay one hundred percent (100%) of the cost of such benefits.
Vacation credits shall continue to accrue, however, vacation payment shall
be based on the appropriate percentage of gross earnings of actual time
worked during the vacation year. Payment for legal holidays shall
not apply while on Maternity Leave. This Article shall also apply
for the legal adoption of a child, except the legal adoption of a spouse's
child.
It is recognized that with respect to Maternity Leave, Articles 11.2 and 11.2.1
fulfill the Company's obligations under Section 206 of the Canada Labour
Code.
11.2.2 A male employee shall be
entitled to paternity leave as provided for under Section 206 of the Canada
Labour Code. In addition, the Company will grant two (2) days paid
paternity leave on the occasion of the birth of a male employee's child,
provided the employee submits a written request at least one (1) month in
advance and supplies, on request from the Company, written confirmation of
pregnancy from his spouse's doctor.
11.3 Medical and Group Insurance
The Company shall pay fifty percent (50%) of the cost of the Group Life,
Long Term Disability, Accidental Death and Dismemberment, Dental and Extended
Health Plans. Coverage includes:
Life Insurance - AD & D - 5 x annual salary.
Extended Health (drugs, vision) - $200 every 24 months.
The above group plans or replacements will provide benefits no
less favourable than those provided at the date of signing this Agreement.
11.4 Pension Plan
The pension plan presently in effect shall apply during the term of
this Agreement, subject to the terms and conditions of provincial and/or
federal legislation and subject to the introduction of a new or modified
pension plan. No new or modified pension plan may diminish in any
way the benefits to employees enrolled in the plan. Each employee
enrolled in the pension plan shall receive annually an audited statement
of their contributions to the end of each calendar year.
11.5 Special Leave
A bereavement leave shall be granted for the purpose of making funeral
arrangements and/or attending the funeral when employees are required to
be absent due to a death in their immediate family on the following basis:
5 days - Spouse or children
3 days - Legal guardians, father, mother, brother,
sister,
mother-in-law, father-in-law, grandparent, brother-in-law, sister-in-law
Immediate family shall include common-law relationships of one (1) year
or more. Pay for such bereavement leave will be limited to the number
of scheduled working days prescribed above, occurring immediately prior
to and/or following the day of the funeral. This entitlement is not
available while an employee is on vacation or leave of absence or on sick
leave. When travelling a distance of 500 kilometres or greater one
way is required, and undertaken by the employee, one (1) additional day with
pay shall be granted.
11.5.1 The Employer will consider
requests for specified leave for emergencies (e.g. birth of a child,
critical illness in the immediate family), however, the payment for
such leave will be at the sole discretion of the employer.
11.5.2 The Company will grant
time off to employees for medical, dental and eye appointments where reasonable
notice is given.
11.5.3 Family Leave
Specific requests for family-related leave shall be granted to an employee
who is required to be absent to care for a sick child or other dependent
family member, or to make alternate arrangements when caregivers are sick,
and other family emergencies.
For such purposes, employees shall be entitled to one (1) day's leave
with pay during the calendar year. At the discretion of the Company,
additional time, if warranted, may be granted.
Eligibility for this is based upon completion of one (1) year's full-time
service. Request for such leave shall be made to the department supervisor,
with as much advance notice as is practicable in the situation.
11.6 Witness or Jury Duty
Employees called to serve on juries or to obey a subpoena shall receive
their regular salaries during such periods, provided they return to work
if they are released from jury duty prior to 1:00 p.m. Employees serving
on a jury will not be assigned to work on evenings or weekends during such
jury service.
11.7 Leave of Absence
The Company will consider, on an individual basis, all requests for
long term leaves of absence without pay and will not unreasonably deny
any request.
11.8 Education and Training
The Company shall, provided approval in advance is granted, reimburse
an employee for any fees paid for any industry related course including
Worker's Compensation or First Aid courses. Leave with pay will
be provided by the Company as required by employees attending such course(s).
ARTICLE
12
TRAVEL PROVISIONS AND EXPENSES
12.1 Transportation
The Company shall reimburse employees for all necessary travelling and
other expenses when such travel is authorized by the Company. Use
of the employees' own automobile for transportation in connection with
their assigned duties must be previously authorized before reimbursement
will be made.
12.1.1 In such authorized cases
the Company shall reimburse them at the rate of twenty-four cents
($0.24) per kilometer [thirty-eight cents ($0.38) per mile] with a
minimum payment of two dollars and fifty cents ($2.50) for each completed
trip (i.e. a trip is completed each time an employee returns to base).
The Company shall have the right to determine the method of transportation
used except that the use of public motor buses shall not be required when
other methods of transportation are available. Employees shall not be required
to use their own automobiles unless they consent thereto. Employees
shall be reimbursed bi-weekly for all authorized expenses, made for and
on behalf of their assignments as provided herein upon submitting
a statement for approval on forms prescribed by the Company.
12.1.2 The Company shall reimburse
employees for the additional premium charged above the "Pleasure Only"
insurance rate as a result of the employees being required to use their
car on Company business. The maximum rates involved for payment shall
be One Million ($1,000,000) PL & PD and One Hundred dollars ($100.00)
deductible collision coverage.
12.1.3 The Company agrees to maintain adequate liability
insurance on all vehicles owned or rented by the Company which it requests
an employee to drive. Said vehicles will be maintained in a safe
operating condition. Employees shall not be penalized for accidents
with the Company vehicles while on an assignment except in cases of proven
negligence or impairment.
12.1.4 Employees shall be credited with all time used
during their day's assignments in which travelling is authorized.
12.1.5 When employees are required
to start or end a tour of duty at a time when public transportation is not
available, taxi fare to home or fifty percent (50%) of taxi fare from home
will be provided, when required, to a maximum of five dollars ($5.00) upon
submission of a proper receipt.
12.2 Expenses
When employees are required to work at a studio or remote location other
than their normal place of employment, and cannot return to their normal
place of employment during their normally scheduled meal period, they shall
be paid Ten Dollars ($10.00) for the cost of any meal(s), with the exception
of Dinner, required during their regular meal period(s) while at such remote
location, ie., Breakfast, Lunch, Second Meal, Subsequent Meal. Meal
expense recovery for Dinner will be Fifteen Dollars ($15.00).
The above meal allowance shall not apply in situations where a suitable
meal is provided at no expense to the employee.
12.2.1 Employees on "out of
town" assignments shall receive reimbursement of all reasonable expenses.
If the assignment extends overnight, single occupancy, first class accommodation,
equivalent to Canadian Automobile Association (CAA) standards, when
available, will be provided. Employees shall also receive a per diem
allowance of forty-five dollars ($45.00) per completed 24-hour period to
cover the cost of meals and incidentals if the assignment extends overnight.
Where suitable meals are provided, the per diem shall be reduced by the
rates as set out in Article 12.2.
12.2.2 If employees request
it, cash will be advanced to them in the equivalent of the estimated amount
of approved expenses expected to be incurred on the assignment. Employees
must give an accounting of their expenses as soon as possible after completion
of the assignment.
ARTICLE 13
ANNUAL VACATION AND PAID HOLIDAYS
13.1 Annual Vacations
Employees shall be entitled to an annual vacation with pay on the basis
of vacation credits computed as of June 30th of each calendar year and
earned in the following manner:
(a) Less than 12 months employment - 1 day per month.
(b) 12 months to 95 months (8 years) – 1.25 days for
each completed month of employment (i.e. 3 calendar weeks) for employees
with 1 year of seniority but less than 8 years of seniority.
(c) 96 months (8 years) to 240 months (20 years) –
1.667 days for each completed month of employment (i.e. 4 calendar weeks).
(d) 241 months (20 years) or more – 2.083 days for
each completed month of employment (ie.: 5 calendar weeks).
RECAP
Service:
Company Seniority
computed as of
June 30 each year
|
Duration
of Vacation
in Working days
|
% of Gross
Earnings
|
Less
than 12 mos.
|
1 day per
month
|
4%
|
12
to 95 months
|
15 days
|
6%
|
96
to 240 months
241 months or more
|
20 days
25 days
|
8%
10%
|
13.1.1 If employment is terminated
for any reason, accrued vacation credits shall be liquidated in cash.
13.1.2 Employees shall have
the right to take their vacations throughout the calendar year, subject
to management approval, and preference shall be given employees on the basis
of company seniority to the extent of their current year's vacation entitlement
within their job function as listed in Article 16.8. The employee's
application shall be submitted in writing on a form prescribed by the Company,
prior to March 15th. Vacation schedules shall be posted by April 15th
of each year. Employees shall begin and end their vacation in conjunction
with their normal days off, unless the employee requests otherwise.
13.1.3 All employees shall
be entitled to have at least three (3) weeks of their vacation period scheduled
consecutively unless requested otherwise by the employee.
13.1.4 In special circumstances
with the leave of the Company, employees may be allowed to waive their vacation
period and allow their vacation credits to accumulate from year to year
in accordance with the Canada Labour Code.
13.2 Paid Holidays
The Company recognizes the following as paid holidays:
New Year's
Day
|
Canada
Day
|
Good Friday
|
Labour
Day
|
Victoria
Day
|
Thanksgiving
Day
|
Civic Holiday
|
Remembrance
Day
|
Christmas
Day
|
Boxing Day
|
(Plus any day duly proclaimed by Federal or Provincial Authority as
a public holiday).
When one of the holidays listed above falls on a Sunday and the day
following is proclaimed a holiday by Federal, Provincial, or Municipal
Authority, the Sunday shall be deemed to be the holiday for the purposes
of this Agreement, except for those employees who regularly work Monday
through Friday, in which case, the proclaimed day shall be the holiday.
13.2.1 Employees shall be compensated
for the above holidays in the following manner:
13.2.2 If the holiday falls
on a regular working day and employees are not required to work,
they shall receive their normal basic for such day [eight (8) hours
at the straight time rate].
13.2.3 If the holiday falls
on a regularly scheduled day off or during their vacation period, they
may add one (1) day to their annual leave or be given one (1) day off with
pay at a mutually agreeable time.
13.2.4 If a holiday falls on a scheduled
work day and employees are required to work, they shall receive two and
one-half (2 1/2) times their basic rate (which amount shall include their
basic rate) with a minimum credit of eight (8) hours, except that all hours
worked and/or credited in excess of eight (8) hours per day will be paid
at an additional one-half (1/2) times the basic hourly rate. Further
all hours beyond twelve (12) in the day shall be paid at a further additional
one-half (1/2) times the basic hourly rate of the employee.
13.2.5 If the holiday falls on a scheduled
day off and employees are required to work, they shall receive three (3)
times their basic rate with a minimum credit of eight (8) hours, except that
all hours worked and/or credited in excess of eight (8) hours per day will
be paid at an additional one-half (1/2) times the basic hourly rate.
Further, all hours beyond twelve (12) in the day shall be paid at a further
additional one-half (1/2) times the basic hourly rate of the employee.
13.2.6 With respect to Article 13.2.4 or
13.2.5, employees at their own option shall be permitted
to add one (1) day off to their annual leave or be given one (1) day off
with pay at a mutually agreeable time, and this shall result in a reduction
of eight (8) hours times the basic rate only from the holiday payment
earned under either Article 13.2.4 or
13.2.5. Employees shall indicate their
option on their weekly time sheet for such holiday.
RECAP
Hours
Worked/
Credited
|
Art. 13.2.2
|
0 - 8
|
8 hrs. x
Basic
|
8 - 12
|
N/A
|
Over 12
|
N/A
|
Art. 13.2.4
|
Art. 13.2.5
|
2 1/2 x
Basic
|
3 x
Basic
|
3 x Basic
|
3 1/2 x
Basic
|
3 1/2 x
Basic
|
4 x
Basic
|
13.3 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
considered on the basis of Company seniority within the functional group
and all employees, if they so request, 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 7:00 p.m. on the eve of
that holiday.
ARTICLE
14
HOURS AND SCHEDULING OF WORK
14.1 Work Week
The forty (40) hour work week shall obtain and commence at 12:01 a.m.
Monday. The work day shall consist of eight (8) consecutive hours
exclusive of a one (1) hour meal period. The work day shall be inclusive
of all other meal periods or break periods. There shall be two
(2) consecutive days off. These two (2) consecutive days off
may be in separate work weeks, i.e. Sunday and Monday. The five (5)
work days in any work week need not necessarily be consecutive, they may
be separated by the two (2) consecutive days off. An employee shall
not be required to work more than seven (7) consecutive tours of duty.
14.1.1 Employees classified
as clerical employees will continue to work eight and one-half (8
1/2) consecutive hours inclusive of a one (1) hour meal period.
14.2 Tour of Duty
A tour of duty or tour shall mean the authorized and/or approved time
worked by an employee during a day, calculated to the end of the last quarter
(1/4) hour in which work was performed. If a tour of duty extends
beyond midnight, it shall be considered as falling wholly within the calendar
day in which it starts. There will be no assignment of split shifts.
14.3 Overtime Computation
All scheduled time worked in excess of eight (8) hours (7 1/2 clerical)
in any one (1) day shall be paid at the rate of one and one-half (1 1/2)
times the basic hourly rate of the employee. An additional half (1/2)
times the basic hourly rate of the employee will be paid for all hours worked
in excess of twelve (12) hours in any one (1) day.
14.3.1 The Company will use its
best efforts to assign overtime in a fair and equitable manner.
14.3.2 Authorized overtime worked by employees pursuant
to 14.3 or 14.6.
may, at their option, be paid by time off in lieu of cash overtime payments
at the rate of one and one-half (1 1/2) times basic to a maximum of three
(3) days. Time accumulated may be taken at a mutually agreeable time.
Additional overtime may be banked with the consent of the Company.
14.4 Posting of Schedules
Each employee's work schedule shall be posted by 5:00 p.m. two (2) Mondays
prior to the week covered by the work schedule. The schedule shall
state clearly daily starting and finishing times, days off and meal periods.
Days off shall be frozen from the Monday one week before the weekly schedule
is in effect to the end of that weekly schedule. Notice of change
in starting time shall be given as much in advance as possible, and as soon
as Management becomes aware of the necessity to change said starting times,
but no later than the last hour of the shift occurring prior to the day of
the change. If such notice is not given, the employee shall be credited
with all hours originally scheduled plus any additional hours, provided
that such time is paid for at the appropriate rate.
The Company will notify each affected employee directly, and will make
every reasonable attempt possible to contact that employee as quickly as
possible.
It is the intent of the foregoing to ensure that each employee shall
be apprised of the daily work schedule at the earliest possible time.
14.4.1 Except where employees are
hired to work specific weekend shifts, the department heads will arrange
work-week schedules so that each employee shall have at least three
(3) weekends off per calendar quarter, unless agreed to otherwise
by the employee and Management.
14.4.2 Except where employees
are hired to work night shifts, work schedules of employees shall be so
arranged whereby no employee shall be required to work more than three
(3) consecutive calendar weeks (15 working days) on the night shifts.
Exceptions may be granted when requested by the Company and agreed to by
the employee. Where possible the starting time during any work week
shall be consistent.
14.4.3 Prior to going on vacation
of five (5) days or more, an employee may request and shall receive notification
of a prearranged time to report back to work.
14.4.4 A designated Union
Representative shall be given access to the work schedule, which shall
be kept on file by the Company, and if any issue arises, that representative
shall have access to the time records, upon reasonable notice to Management.
14.5 Scheduled Days Off
The two (2) consecutive days off shall consist of forty-eight
(48) hours plus the turnaround period of twelve (12) hours for a total
of sixty (60) hours. A single day off shall consist of twenty-four
(24) hours plus a turnaround period of twelve (12) hours for a total of
thirty-six (36) hours. Where two (2) consecutive days off in one (1)
week are taken contiguously to the two (2) consecutive days off in the following
week, only one (1) turnaround period shall apply.
14.6 Work on Scheduled Days Off
An employee may refuse to work on a scheduled day off once the schedules
have been posted, indicating days off, except if the employee is required
to replace another employee who is ill. If a qualified employee cannot
be found the Company may assign the work to the qualified employee with
the least seniority within the functional group, and this employee may not
refuse the assignment.
When employees work on a scheduled day off, work performed on that day
shall be compensated at one and one-half (1 1/2) times the basic rate, with
a minimum credit of four (4) hours. When employees work on a second
day off, after having worked on their first day off, work performed on the
second day off shall be compensated at two (2) times the basic rate, with
a minimum credit of eight (8) hours. Should the hours worked on a
day off exceed eight (8) hours, all time worked in excess of eight (8) hours
[but less than twelve (12) hours] will be paid at an additional one-half
(1/2) the basic rate. Should the hours worked or credited on a day
off exceed twelve (12) hours, all time worked or credited in excess of twelve
(12) hours will be paid at an additional one (1) times the basic rate.
Hours
Worked/Credited
|
1st
Day Off
|
2nd
Day Off
|
0 - 8
|
1 1/2 x Basic
|
2 x Basic
|
8 - 12
|
2 x
Basic
|
2 1/2 x
Basic
|
Over 12
|
2 1/2 x Basic
|
3 x
Basic
|
14.6.1 Notice of cancellation of
assigned work on a scheduled day off or on a holiday shall be given no later
than the fourth (4th) hour of the previous shift of the employee concerned.
If such notice is not given, the employee shall receive a minimum of four
(4) hours' pay at the basic rate, computed separately from the work week.
14.6.2 When work was performed or
credited on consecutive days off in different work weeks, e.g. two (2)
consecutive days off in one (1) work week are taken contiguously to the
two (2) consecutive days off in the following week, then any consecutive
days off worked in the sequence shall be compensated as work performed on
a second day off (Article 14.6).
14.7 Turnaround
A turnaround period is the period of at least twelve (12) hours
between the end of one (1) tour of duty and the commencement of the next
tour of duty, or between the end of a call-back and the commencement of
the next tour of duty, whichever is later.
14.7.1 All time worked which
encroaches on the turnaround period shall be paid for at an additional one-half
(1/2) the basic hourly rate computed separately from the work week
except as provided in Article 14.7.3.
14.7.2 In the event a turnaround
period is less than four (4) hours, the shift shall be considered continuous.
14.7.3 No payment shall be
made for the following encroachments:
(a) On a swing-in-shift, on a regular rotating shift
pattern, which occurs in conjunction with an employee's day off.
(b) On a shift where an employee is released from
duty to attend negotiations or grievance meetings with management.
14.8 Call Back
Should employees, with the exception of Maintenance Technicians, who
have completed their tour of duty, be called back to work, they
shall be paid at the time and one-half (1 1/2) rate with a minimum credit
of four (4) hours. Should the total hours worked on the day in question
exceed twelve (12) hours, time worked in excess of twelve (12) hours will
be paid at two (2) times the hourly rate of the employee. Call back
shall be computed separately from the work week.
Should Maintenance Technicians who have completed their tour of duty
be called back to work, they shall be paid at the time and one-half (1 ½)
rate with a minimum credit of one (1) hour.
14.8.1 In situations where a call
back is necessary, employees who would normally do the work shall be offered
the work prior to employees who do not normally do that work. Employees,
at their own discretion, may refuse to work call back as outlined in Article 14.8, and they shall not be penalized
for such refusal. Should all qualified employees who could be reached
refuse a call back, the Company may assign the work to the least senior qualified
employee.
14.9 Temporary Upgrades
In the event that employees are temporarily assigned to perform work
of a higher classification than that to which they are permanently assigned,
they shall be paid the lesser of two dollars ($2.00) per hour or six dollars
($6.00) per tour of duty if the upgrading is for four (4) hours or less;
ten dollars ($10.00) per tour of duty if the upgrading is for more than
four (4) hours, and an additional six dollars ($6.00) for each subsequent
four (4) hours over eight (8) hours. This clause shall not be used
for the purpose of reducing the number of employees in the job functions
to which such employee is being upgraded. At the time of assignment
to a higher classification, employees shall be verbally advised of
their temporary upgrading and that they shall receive the rate of pay for
such upgrading. This shall be noted on their time sheet. In
the event that employees are temporarily upgraded to perform the duties
of the Department Supervisor, they shall be paid at a rate not less than
fifteen percent (15%) above their present rate as set out in Article 16,
for all hours worked during which they are temporarily upgraded.
14.9.1 Without their consent, no
employees shall be permanently transferred or assigned to a position outside
the bargaining unit and the employees will not be penalized for such refusal.
14.9.2 Upgrading assignments shall be made in a bona fide manner.
14.10 Night Differential
An employee who works between the hours of Midnight and 7:00 a.m. shall
be paid a night differential of One Dollar and Seventy-Five Cents ($1.75)
per hour with a minimum credit of One Dollar ($1.00). Night differential
shall not be deemed overtime or part of basic pay. If night differential
is one-half hour or less, no penalty in regard to this article shall apply.
14.11 Excessive Hours and Safety
The Company shall not assign excessive hours of work to employees.
The Company also agrees to give proper attention to the elimination of working
conditions which are a hazard to the health and safety of employees.
An employee shall not be required to work more than twelve (12) hours in
one day or fifty-six (56) hours in one week, except in case of on-air broadcast
emergencies or special program requirements.
14.11.1 The Company shall give full
and complete consideration to the capabilities of an employee for assignments
involving climbing, and will recognize valid inability to perform
such assignments.
14.11.2 The Company agrees to supply protective clothing
and/or safety devices for employees on assignments (e.g. remotes,
towers), where conditions require their use and to supply other special
attire where required.
14.11.3 A first-aid
kit will be maintained in the control room area in each studio, on all
locations and in all Company vehicles. All vehicles provided by the
Company for travel to and from remote sites shall contain: first aid kits,
foul weather gear (raincoats, snow-suits), basic tools, survival equipment,
and a safety partition. All company vehicles required to travel to
and from remote sites shall also be equipped with a radio telephone or other
suitable means of telecommunication in good working order.
14.11.4 The Company shall
pay a monthly bonus (not to be included in base rate) to each bargaining
unit member [to a maximum of two (2) at any one time]. The members
may hold either of the two (2) tickets and will be reimbursed as follows:
(a) St. John's Ambulance ticket - $50 per month
(b) Red Cross Standard First Aid Course - $50 per
month.
The intent of this clause is to have the two (2) designated bargaining
unit members contribute towards the fulfillment of the Company's obligations
under the Workers' Compensation Act and therefore the selection shall be
made after prior consultation with the Union.
14.11.5 All ladders used on
electrical outlets, scaffolding and platforms must be in compliance with
safety laws.
14.11.6 The Company agrees
to insure employees covered by this Agreement against accidental death to
a total of Fifty Thousand Dollars ($50,000) during travel and sojourn on
the business of the Company provided such travel is to a point or points
located away from the premises of the Company in the City of permanent assignment.
The Company further agrees to obtain similar insurance to cover employees
assigned to a riot or civil insurrection location and in addition hereto
the Company will provide Twenty Thousand Dollars ($20,000) Insurance in
lieu of the AD and D provisions in the Group Life Plan.
14.11.7 No employees shall
be disciplined or discharged for refusal to work on a job in any work place
or to operate any equipment where they have reasonable grounds to believe
that it would be unsafe or unhealthy to do so or where it would be contrary
to applicable Federal, Provincial or Municipal regulations or legislation.
Where, in such circumstances, the employees do not work, they shall not
suffer a loss of pay. No employee shall refuse to do work deemed to
be "safe" by the Company and Union Representatives of the Safety Committee.
14.11.8 The Company
shall provide inspections and necessary repairs to VDT's and CRT's to ensure
that equipment meets pertinent Federal, Provincial or Workers' Compensation
Board standards. The Company will provide for employees who are pregnant
and who operate VDT's or CRT's protective screens for the duration of the
pregnancy.
14.11.9 A Joint
Health and Safety Committee shall be constituted consisting of an equal
number of representatives of Management and the Union, which shall identify
potential dangers and health hazards, and obtain information from the Company
or other persons respecting the identification of hazards and health and
safety experience and work practices and standards elsewhere. The committee
shall meet at least once a month. Notes shall be taken of all meetings
and copies shall be sent to the Company and the Union. Time spent
on the Safety Committee to attend meetings or inspections will be considered
as time worked.
14.11.10 Two (2)
representatives of the Joint Health and Safety Committee, one (1) from Management
and one (1) from the Union, shall make periodic inspections of the workplace
and equipment and shall report to the Health and Safety Committee the results
of their inspection. Time spent on such inspections shall be considered
as time worked.
14.11.11 The Joint
Health and Safety Committee shall have access to the accident reports submitted
to the Workers' Compensation Board and the government or its agencies.
14.11.12 In the
case of hazardous, inclement weather, no reasonable request for assistance
in servicing remote sites will be denied.
14.12 ENG/EFP
In the operation of ENG/EFP cameras and related equipment, it is understood
that the person operating such equipment will not be unreasonably denied
assistance where assistance is necessary and where assistance is requested.
ARTICLE
15
MEAL PERIODS AND BREAK PERIODS
15.1 First Meal Period
To all tours of duty a first meal period of not less than one (1) hour's
duration shall be assigned, beginning not earlier than the start of the
fourth (4th) hour of the tour and ending not later than the end of the fifth
(5th) hour of such tour. The meal period may be varied by thirty (30)
minutes without penalty, if such variance involves unexpected production
taping delays and furthermore that it is not varied as a convenience of scheduling.
15.2 Second Meal Period
A second meal period of not less than one (1) hour's duration shall
be assigned in tours of duty of more than ten (10) hours, during which
a first meal period was assigned. This second meal period shall be
assigned within the fourth (4th) or fifth (5th) hour after completion
of the first meal period.
15.2.1 Ten Dollars ($10.00) shall
be paid to compensate for the cost of this second meal.
15.3 Subsequent Meal Period
A subsequent meal period of not less than one half (1/2) hour shall
be assigned within the fourth (4th) or fifth (5th) hour after the completion
of the prior meal period.
15.3.1 Ten Dollars ($10.00) shall
be paid to compensate for the cost of each subsequent meal.
15.4 Meal Displacement Penalty
When employees are not given a meal period within the time limits required
by this Article, they shall receive compensation in an amount equal to one-half
(1/2) times their basic rate for each meal period missed. The compensation
is to be computed from the beginning of the last hour for the first and
second meal period, or the last half (1/2) hour for the subsequent meal
periods, in which the meal period should have been scheduled and/or assigned,
and extend to the start of the meal period given, or from the beginning of
the meal period given and extend to the start of the scheduled meal period.
15.4.1 In no event shall an employee
be required to work more than six (6) hours without a meal break, except
in the case of a broadcast "on-air" emergency.
15.4.2 If meal periods are not received
in accordance with this Article, the tour of duty shall be extended by the
time for such meal periods not received.
15.5 Rest Periods
All employees shall be entitled to two (2) fifteen (15) minute rest
periods during each eight (8) hour tour. Rest periods shall be arranged
so as not to interfere with the efficient operation of the Station.
Rest periods shall not be deducted from hours of work.
15.5.1 With prior approval of a Supervisor,
a Switcher's tour of duty will be reduced by fifteen (15) minutes for each
rest period that cannot be assigned. Overtime, if required, will be
paid for all hours in excess of seven and three-quarter (7 ¾)
hours, dependent upon the number of rest periods not assigned, in a tour
of duty and the applicable Articles of this Agreement shall be adjusted
accordingly.
ARTICLE 16
GENERAL WAGE PROVISIONS AND WAGES
16.1 Employees shall be paid according to the
wage schedule of the classification for which they are hired and/or
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.
16.2 Progression up the salary
schedule within each classification shall automatically occur on the first
complete pay period of the month following nearest to the employee's annual
anniversary date of hire or promotion to the wage classification.
16.3 When employees are promoted
into a higher pay classification they shall immediately move into the higher
salary scale and receive a salary increase which is at least the equivalent
of one (1) full increment in their former group, plus the amount necessary
to place them on step in the new group, and shall automatically progress
upward on the annual anniversary date of their upgrading. One (1)
full increment means the increase in pay that the employees would have next
received had they remained in their former classification, or if they are
at the top of their scale, the increase they last received in reaching the
top rate. Acceleration of progression within a group shall constitute
a change of anniversary date consistent with the date of acceleration and
upward progression shall automatically occur on the annual date of the acceleration
implementation.
16.4 Twice the weekly salary
(after a reasonable portion of the total monthly deductions have been made)
will be deposited directly into an employee’s bank accounts by 12:00 Noon
every second Friday. Approved overtime and penalty payments for pay
periods falling in the preceding month will be paid on the first pay date
of each month.
16.5 In the event pay day(s) occur during an employee's
vacation period, the employee shall, upon written request, at least two
(2) weeks in advance prior to the start of the vacation period, receive pay
cheque(s) prior to going on vacation.
16.6 Any employees returning to work in their former
classification after a layoff, shall return at the rate of pay according
to their classification at time of said layoff.
16.7 In the event that
there is a change made to an employee's timesheet, the Company will provide
a photocopy of the corrected timesheet to be attached to the employee's pay
cheque for the period in question.
16.8 Groups for the purpose
of wage classification shall be as follows:
Group 1: Admin. Clerk/Receptionist
Sept. 1/00
Sept. 1/01 Sept. 1/02
Start 328
336
342
Year 1 351
360
366
Year 2 377
386
392
Year 3 386
395
401
Group 2: Traffic Coordinator, ENG Camera, Writer,
Operating Technician, Anchor/Reporter/Producer, Sales Secretary, Photojournalist
Sept. 1/00
Sept. 1/01 Sept. 1/02
Start 357
365
371
Year 1 389
397
403
Year 2 422
430
436
Year 3 448
456
462
Year 4 474
482
488
Year 5 500
508
514
Group 3: Maintenance Technician, Sr. ENG Camera, Sr.
Writer, Sr. Anchor/Reporter/Producer, Sr. Photojournalist, Sr. Operating
Technician, Sr. Traffic Coordinator, Production Supervisor, Client Services
Prod/Dir.
Sept.
1/00 Sept. 1/01 Sept. 1/02
Start
465 473
479
Year 1 489
497
503
Year 2 514
522
528
Year 3 541
549
555
Year 4 563
571
577
Year 5 589
597
603
Group 4: Sr. Maintenance Tech., Assistant News
Director, Sr. Client Services Prod/Dir., Sr. Editor, Sr. Production Supv.
Sept.
1/00 Sept. 1/01 Sept. 1/02
Start
576 584
590
Year 1 609
617
623
Year 2 640
648
654
Year 3 669
677
683
Year 5 721
729
735
Positions designated as Senior are merit positions, and the decision
to promote to these positions is at the sole discretion of Management.
16.8.1 The rates in the above schedules
are minimum rates.
16.8.2 For purposes of computation and this Agreement,
the basic hourly rate of the employee shall be 1/40 of the weekly salary
set forth above.
16.9 On-Air Talent Fees
The following minimum rates shall apply to "On-Air" talent when voicing
or appearing in television commercials which are produced for use on stations
other than a BBS Saskatchewan station:
Voice-over Commercials 0-60 Seconds
$ 10.00
On-Camera Commercials 0-60 Seconds
$ 45.00
16.10 Clothing Allowance
(a) Any employees who regularly host television programs
[one-half hour (1/2 hour) duration or longer] on a daily basis, will be
provided a clothing allowance of forty-five dollars ($45.00) per month, payable
semi-annually in advance. To be eligible for each advance payment,
the employee must provide receipts to the Company confirming the purchase
of on-air apparel, by the end of each six (6) month period (June, December).
An employee who is substituting for the regular host will be entitled to
receive this allowance where the duration of the substitution is one month
or longer.
(b) On-air personnel will be provided a clothing allowance
of Forty-Five Dollars ($45.00) per month on the same basis as above.
(c) Clothing purchases pursuant to this Article shall
be restricted to items of apparel which enhance the employee's on-air appearance.
16.11 Employees assigned to stand-by
during their off hours shall be compensated at the rate of Twenty Dollars
($20.00) per day. Stand-by pay shall be computed separately from the work
week, and shall be paid in addition to payments required under the Agreement
for time worked.
16.12 Maintenance Technicians assigned
to stand by during their off hours shall be compensated at the rate of Fifty
Dollars ($50.00) per day. Standby pay shall be computed separately
from the work week, and shall be paid in addition to payments required under
the Agreement for time worked.
ARTICLE
17
EFFECTIVE DATE AND DURATION
17.1 This agreement shall commence on September 01,
2000, and remain in force until August 31, 2003.
17.2 In the event that
prior to the expiration date of this Agreement either party desires
to negotiate a new Agreement, notice in writing by registered mail shall
be given to the other party not less than thirty (30) days and not more
than ninety (90) days prior to the expiry date of this Agreement.
In the event such notice is given, this Agreement shall continue
in full force, until a new Agreement is concluded or until a lawful strike
or lockout is executed, pursuant to the provisions of the Canada Labour Code,
whichever first occurs. 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.
17.3 Upon receipt of notice from
either party of a desire to negotiate a new Agreement as provided in Article 17.2 above, a meeting shall be held between
the parties within twenty (20) days for the purpose of negotiations and
further meetings shall be held as frequently as possible until settlement
is reached, or until either party makes application for conciliation.
7.4 If neither party gives
notice of termination nor a desire to negotiate a new Agreement, this Agreement
shall be automatically renewed for a further period of one (1) year.
17.5 The parties to this Agreement
declare that it contains responsibilities and obligations for each such
party and that in signing the Agreement, it binds the parties during the
Agreement to do everything they are required to do by the Agreement and
to refrain from doing anything they are not permitted to do by the Agreement.
The parties further understand and declare that in case any provisions of
this Agreement are now, or hereafter, inconsistent with any statute of Canada
or any Order-in-Council or Regulations passed thereunder, such provisions
shall be to that extent deemed null and void or shall be applied in such manner
as will conform with law.
ARTICLE
18
OUTSIDE EMPLOYMENT
18.1 No employee shall accept
outside employment where such employment is in direct competition with the
business interests of the Company, or adversely affects their work with
the Company. For the purposes of this Article, "direct competition
with the business interests of the Company" shall be defined as services
performed for remuneration for television stations, television production
companies, videotape duplication and editing companies.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO
BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES THIS
DAY OF 2000.
CIPA/CKBI
TELEVISION
Donavon
Fuessel
Manager, Finance & Human
Resources
Gerald
MacLeod
General Manager
|
COMMUNICATIONS,
ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP-CLC)
David
Durning
National Representative
Brian
Schlosser
President, Local 820M
|
______________________________
Lynn Dowhay
Committee
Member
_______________________________
Ron Kirkland
Committee
Member
LETTER
OF INTENT NO. 1
SALARY INCREASES
Year 1
Effective September 1, 2000, a general wage increase of Thirty-five
Cents ($0.35) per hour will be applied to all scales.
Year 2 Effective September
1, 2001, a general wage increase of Twenty Cents($0.20) per hour will be
applied to all scales.
Year 3 Effective September
1, 2002, a general wage increase of Fifteen Cents ($0.15) per hour will
be applied to all scales.
CIPA/CKBI TELEVISION
_____________________________
Donavon Fuessel
Manager, Finance & Human Resources
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP - CLC)
_____________________________
David Durning
National Representative
Date:________________________
LETTER
OF INTENT NO. 2
Employee Assistance Program
The Company agrees to continue the Employee Assistance Program (EAP)
for the employees of CKBI/CIPA-TV. The EAP Committee will be comprised
of three (3) members; one (1) from Management, and two (2) Non-management
employees, one (1) of whom must be a Bargaining Unit member. It is
agreed that this program will be maintained for the term of this Agreement.
The terms and conditions of this Letter of Intent, when signed by the
parties hereto, shall continue for the duration of this Collective Agreement
which has an expiry date of August 31, 2003.
CIPA/CKBI TELEVISION
_____________________________
Donavon Fuessel
Manager, Finance & Human Resources
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP - CLC)
_____________________________
David Durning
National Representative
Date:________________________
LETTER
OF INTENT NO. 3
Employment Equity
The Company and the Union agree to support the goals of Employment Equity
and to recognize that special efforts will be necessary to improve the opportunities
for members of the designated groups.
CIPA/CKBI TELEVISION
_____________________________
Donavon Fuessel
Manager, Finance & Human Resources
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP - CLC)
_____________________________
David Durning
National Representative
Date:________________________
LETTER OF INTENT NO. 4
Union Dues
If and when possible, the Company will indicate separately the total
amount of dues deducted from base salaries and the total amount of dues
deducted on additional earnings when remitting dues to the Union as per
Article 4.1 and 4.1.1.
The union is aware that separating dues deductions as described above
may not always be possible dependent on where the payroll is produced.
CIPA/CKBI TELEVISION
______________________________
Donavon Fuessel
Manager, Finance & Human Resources
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP - CLC)
______________________________
David Durning
National Representative
Date:_________________________
LETTER OF INTENT
NO. 5
Promotions
Should there be a job vacancy posted at another CTV Television station
in Saskatchewan which is also covered by a Collective Agreement, normal
posting procedures for that particular Local, outlined in their own Collective
Agreement, will apply.
However, should a qualified applicant not be found from within that
particular Local, Management agrees to give first consideration to members
of the Bargaining Unit covered by this Collective Agreement who have applied
for the position, prior to seeking applicants from outside the CEP or from
outside the province.
This first consideration will be based solely on the employee’s qualifications,
education and experience.
Should Local 820M applicants not be successful in their bid, Management
will provide the Applicant with an explanation.
CIPA/CKBI TELEVISION
____________________________________
Donavon Fuessel
Manager, Finance & Human Resources
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
(CEP - CLC)
______________________________
David Durning
National Representative
Date:_________________________
