THIS AGREEMENT
executed this 31st day of AUGUST, A.D. 2002

(This agreement shall commence on September 1, 2002 and remain in force until August 31, 2005)

between

CFQC TELEVISION
SASKATOON, SASKATCHEWAN

hereinafter referred to as the "Company",
Party of the First Part,
and

COMMUNICATION, ENERGY AND PAPERWORKERS
UNION OF CANADA - LOCAL 817-M

hereinafter referred to as the "Union",
Party of the Second Part,

ARTICLE 1
INTENT

1.1 Intent

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 in order that there will be no impeding of work, work stoppages or strikes, or other interferences with television broadcasting and their facilities during the life of this Agreement. 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 any person, either male or female, employed in a classification included with the bargaining unit referred to in Article 2.2 and who performs any of the duties set forth in Articles 9.2 and 10.1. It shall include any person employed in any job or classification created in the future which the parties by mutual consent decide to include within the bargaining unit. Provided that where mutual consent is not reached, such failure shall not become a subject for grievance under this Agreement, but may be referred by either party to the Canada Labour Relations Board.

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 November 25, 1974 or any amendments thereto, as set forth below:

Comprising all employees of the Company broadcasting as CFQC-TV at and from Saskatoon, Saskatchewan excluding:

Presidents
Vice Presidents
Vice President/General Manager
Controllers
Finance Manager
Human Resources Manager
Confidential Secretaries/Assistants to the above
Director of Communications
Program Manager
Traffic Manager
Operations Manager
Photography Director
Director of Marketing
General Sales Manager

Retail Sales Manager
Retail Account Executives
Creative Service / Promotions Director
Public Service Director
Director of Engineering
News Director
Assistant News Director
Accounting Clerks
Payroll Clerk
Manager Information Technology
Manager Information Technology/AS400
Human Resource Specialist


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 Employee Categories

All employees covered by this Agreement shall be considered full time employees of the permanent establishment, except as specifically provided for in Article 2.3.1 of this Agreement. 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 after prior consultation [and before the expiration of the first three (3) month period] with the Union, and up to a total of nine (9) months with the mutual consent of the Union, and in such event the Company will advise the employee and the Union by letter of its decision. During the probationary period the Company may release the employee at any time.

2.3.1 Part-time employees may be hired in the classifications within the bargaining unit provided that:

(a) The number of such employees in any functional group as defined in Article 9.2 shall not exceed:

- three (3) where the number of full time employees in the functional group is six (6) or more

- two (2) where the number of full time employees in the functional group is less than six (6) but three (3) or more

- one (1) where the number of full time employees in the functional group is less than three (3)

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.

(b) Part-time employees (except summer students) shall be paid at an hourly rate, based on the wage rates for the classification to which they are assigned, and such employees shall be paid for a minimum of four (4) hours per day, to a maximum of thirty (30) hours per week. The maximum hours per week shall not apply when part-time employees are hired for vacation relief, leaves of absences or for emergency purposes. Summer students shall be paid seventy-five percent (75%) of the start rate of the classification they are hired in. A summer student is one enrolled full time in a recognized broadcast or other relevant educational institution. Summer students shall be limited to four (4) consecutive months of work in a calendar year.

(c) 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. The scheduling and penalty provisions of the Agreement shall apply [with a minimum tour of four (4) hours]. However, articles of the collective agreement in regard to seniority, pensions, medical insurance, etc., will not apply.

(d) It is agreed that provisions of Article 2.3.1 above will not be used to avoid filling a vacancy, or to avoid the hiring of an employee in the Bargaining Unit. It is understood that the Company is not required to continue to fill a position on a full time basis where there is not sufficient work to justify the same.

(e) Article 9.5 shall not apply, 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 (greater than sixteen [16] hours) shall be given two [2] weeks' notice, in advance of the proposed lay-off, 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 lay-off as provided in the Agreement due to the very nature of their assignment.

(f) Article 15.1 will not apply to part-time employees working six [6] hours or less on a tour of duty.

(g) Part-time employees shall receive four percent (4%) vacation pay for all accumulated hours up to one [1] year (two thousand eighty hours [2,080]) of basic service. Part-time employees who have completed one or more years of continuous employment shall be entitled to six percent [6%] vacation pay, to be paid on a pro-rata basis.

(h) Part-time employees shall be probationary employees for a period of one thousand forty [1,040] hours of basic service from their date of hire 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.

2.3.2 When the Company hires or re-hires an employee, the Company shall notify the Union as to the nature of employment and its duration.

2.3.3 When the Company re-hires or retains part-time employees:

(a) The employees shall be fully credited with earned seniority for pay purposes only.

(b) An employee placed on permanent staff without a break in service of more than ninety (90) calendar days in the same job classification, shall be credited (for the purpose of wages, vacations, sick leave and seniority), with the total hours served as a part-time employee.

2.4 Clerical workers shall be comprised of the following classifications: Clerk-Typist, Switchboard Operator/Receptionist, Secretary/Assistant, Sales Secretary/Assistant, News Secretary/Assistant, Creative Service Secretary/Assistant,Promotion Secretary/Assistant, Programming Secretary/Assistant, Traffic, Program Coordinator

2.5 The Company may staff the mobile operations with non-bargaining unit personnel, provided the same does not directly result in the lay-off or reduction in regular hours of work of bargaining unit employees.

2.5.1 Qualified bargaining unit employees who have advised the Company they are available during their non-work scheduled hours will be given first consideration for such work opportunities provided such work would not interfere with their normal work responsibilities. All such work opportunities shall be posted so as to provide as much advance notice as is reasonably possible. All postings shall include:

a) the mobile event affected; and,

b) the anticipated date or dates of the work opportunity; and,

c) the anticipated hours of work; and,

d) the anticipated staffing requirements.

2.5.2 Payment and other terms and conditions of such work shall be as arranged between the Company and the person or persons affected.

The provisions of the Collective Agreement shall not apply to mobile operations personnel in the aforementioned circumstances.

2.6 Practicum students are students who are engaged for work experience purposes as a result of an arrangement between the Company and the student’s educational institution. Such students are not employees of the Company. Practicum students may perform Bargaining Unit functions, but they shall not be used in order to replace a Bargaining Unit employee or to avoid the filling of a vacancy.

ARTICLE 3
MANAGEMENT'S 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 programs; 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 The Company shall be the sole judge of a performer's suitability for program requirements. Notwithstanding any provision of this agreement to the contrary, the Company shall have the exclusive right to release a performer who it determines is not suitable for program requirements.

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 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 Union Security and Dues Checkoff

For all employees who are members of the Bargaining Unit as of the signing date of this Agreement, and all new employees who are hired within the Bargaining Unit, the Company agrees to deduct union dues as defined in Article 4.1.1.

4.1.1 During the term of this Agreement, the Company agrees to deduct an amount equal to the uniform dues and/or assessments as levied by the Union for each pay period as a condition of employment of every employee in the Bargaining Unit, beginning with the date of hiring in the Bargaining Unit. The present rate of deductions is equal to one and two-thirds percent (1.666%) of basic pay, and the same percentage shall be deducted on all additional earnings. The Company will be notified by registered mail of any changes in the present rate of deductions.

4.1.2 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. A copy of the above material shall at the same time be remitted to the Local Union.

4.1.3 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

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 people 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 of announcements regarding elections, meetings, negotiation developments and internal affairs of the Union on Company bulletin boards, provided such announcements or notices are authorized by Management for posting.

4.4.1 No other material may be distributed on company premises without the prior approval of the Company.

4.5 Leave for Union Activities

Upon request of the Union, leave without pay will be granted to any employee duly authorized to represent employees of this bargaining unit at Executive, Council meetings or Conventions of the Union. A request for such leave shall be submitted at least twenty-one (21) calendar days in advance.

4.5.1 Upon request by the Union, the Company agrees to release without loss of pay, leave credits, and other earned benefits, representatives of the Union to attend negotiating sessions with the Company. This number shall not exceed four (4) with no more than one (1) per job classification. A request for such release shall be submitted at the time the first meeting date is established.

4.5.2 In the event that an employee desires to obtain leave of absence without pay for a determinate period of up to one (1) year, for the purpose of accepting a position with the Union, such leave may be granted by the Company on receipt of a written request from the employee and the President of the Union, and may with permission of the Company, be extended.

ARTICLE 5 

DISCRIMINATION

5.1 The Company will not interfere with, restrain or coerce an employee 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. There shall be no discrimination by the Company or the Union against any employee because of membership or non-membership in any lawful Union, or because of race, creed, colour, sex, nationality, ancestry, place of origin, or political opinion.

ARTICLE 6
NO STRIKE - NO LOCKOUT

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 assign, transfer, or require employees to go to any television station, transmitter, studios or property owned or operated by a person other than the Company where a strike of any persons whose functions are similar to those covered by this Agreement is in progress. Further, the Company shall not require its employees to originate a program or programs not normally fed to such facility.

ARTICLE 7
GRIEVANCE PROCEDURE

7.1 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.

7.2 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.

7.3 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 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. 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 General Manager 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.

7.4 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.

7.5 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 7.3.

7.6 Time Limits

Any time limit mentioned under grievance procedure shall exclude Saturdays, Sundays and Statutory Holidays and may be extended by mutual consent.

7.7 Employees shall suffer no loss of pay or other benefits while attending grievance meetings with the Company.

7.8 A performer who is discharged because of lack of suitability for program requirements shall have recourse to the grievance procedure, up to but not including arbitration, for the purpose of grieving such discharge.

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 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 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 Reports on Performance

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 Seniority Rights

Company seniority shall be deemed to have commenced on date of hiring by the Company or upon the date the employee was hired by A.A. Murphy and Sons Limited, whichever is earlier and shall be equal to the length of continuous service with the Companies. It shall relate within each functional group as specified in Article 9.2 only to the choice of vacation periods, lay-offs, re-hiring and promotions.

9.2 Functional Groups

Whenever the terms "functional group" is used in this Agreement, it shall denote any of the following groups of classification.

1. Cleaning and Maintenance
2. Switchboard Operator/Receptionist
3. Creative Service (Writer/Producer), Promotion
4. Secretary/Assistant (Sales, News and Creative Service)
5. Program Coordinator and Traffic
6. News Department - Sports, Farm, News Reporter/Writer I & II, Sports Director, Photojournalist I & II
7. Studio/Photography - Camera Operators, Studio Director, Assistant Studio Director, ENG-Film Camera, EFP Camera, ENG/EFP Editor
8. Operations - Master Control, Production Audio, Production Assistant, Electronic Graphics, Producer/Director and Midnight VTR Operator
9. VTR Production Editor
10. Technicians (Maintenance Technician I, II, III)

9.2.1 Substantial changes in a job function, or the creation of any new job function, that pursuant to Article 2.1 is determined to be within the Bargaining Unit, shall be discussed with the Union. In the event that a new classification is created and the parties are unable to reach an agreement as to the placement of such new job classification within an existing Group provided under Article 16.2, the matter shall proceed to arbitration.

The arbitrator shall determine the placement of such new job classification, but shall be restricted to a placement within an existing Group under article 16.2.

9.3 Promotions

Promotions - Employees with the most Company seniority shall, if he/she possesses the occupational qualifications, skills and abilities as determined 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 where no employee who possesses the occupational qualifications, skills and abilities as determined by the Company has applied.

A vacancy shall be posted a minimum of seven (7) days prior to filling such vacancy from any source, except in the Clerical Unit where an employee resigns without giving the Company two (2) weeks’ notice and in such event, the posting of a vacancy shall be limited to two (2) days.

Where employees are scheduled to take annual leave, they may notify their department manager of an intent to apply for another Bargaining Unit position, should a vacancy occur. Where said notification is given, the department manager shall make every reasonable effort (telephone) to contact the employee on vacation that a vacancy has been posted.

9.3.1 Employees promoted to fill a vacancy in a higher classification shall be on probation 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 probation period, return the employees to their former classification with no loss of seniority. At the conclusion of a successful probation period, the employees will be advised in writing that their promotion has been made permanent.

9.3.2 Employees who perform in a job classification different from their regular classification and for which they have not received adequate training will not be penalized for errors committed during such performance.

9.3.3 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.

9.4 Discharge and Demotion

The discharge or demotion of any employee shall only be for just and sufficient cause. An employee discharged for just and sufficient cause, other than gross misconduct as mutually agreed to by the Company and the Union, shall be entitled to two (2) weeks notice or pay in lieu thereof except as provided in Article 9.4.1.

9.4.1 A performer released as a result of a lack of suitability or program requirements (Article 3.3 of this Agreement) will receive three (3) weeks’ pay per completed calendar year of service, with a minimum credit of three (3) months. The pay in lieu of notice as provided in this Article does not apply to employees released during their probationary period provided in Article 2.3. The term performer applies to any person who performs "on-air."

9.4.2 An employee who is required by the Company to revert to a lower salary group and whose salary is higher than the maximum of this group, shall continue to receive the higher salary, which shall be frozen until such time as the salary in the lower rated function reaches the employee's salary, and then such employee will proceed on the scale in accordance with Article 16.

9.5 Lay-offs

When lay-offs are to be made, such lay-offs shall proceed in inverse order of Company seniority within the specific job classification affected. Where an employee has been given notice of lay-off, that employee may displace the junior employee within the functional group, for whose job the Company has determined that he/she possesses the occupational qualifications, skills and abilities. An employee seeking to displace an employee with less seniority shall advise the Company in writing of his/her intentions to do so, within five (5) calendar days of having been given notice of lay-off by the Company. The Company shall give at least four (4) weeks notice in advance of such proposed lay-offs to the Union and the employee(s) affected thereby.

9.5.1 Employees about to be laid off from one functional group who have the necessary experience and qualifications as set forth by the Company, for a position in another functional group, may apply their seniority and revert to such other group. In such a case, an employee exercising their bumping rights will be subject to the probationary period set forth in Article 9.3.1. If the employee exercising their bumping rights does not pass said probation, the original layoff notice will be re-issued.

9.5.2 When lay-offs of employees are to be made, the Company shall determine what jobs are to be abolished and/or the number of employees to be laid off. It shall be the intention of the Company to give the Union as much advance notice of lay-offs as is practicable in order that discussions may be held to provide an orderly and equitable lay-off procedure.

9.5.3 Employees to be laid off will be given first opportunity consistent with their qualifications to fill any existing job vacancies within the Bargaining Unit. Employees to be laid off shall be given preferential consideration for existing job vacancies within the Company outside the Bargaining Unit.

9.5.4 Employees laid off and deemed terminated shall receive severance pay based on three (3) weeks pay for every continuous year of service to a maximum of forty-two (42) weeks. Partial years shall be pro-rated.

The above severance payment shall be deemed to include any severance payment required pursuant to any statute. Acceptance of severance pay will be classed as a voluntary resignation with termination of the employee’s seniority and employment rights.

9.5.5 While an employee is on lay-off, the Company shall continue the Group Health and benefit payments from the date of lay off for a period up to six (6) months, or until the employee has secured alternative full time employment. Group benefits are defined as Group Life and Accidental Death and Dismemberment (AD&D) Insurance, dental and extended medical coverage, and exclusive of LTD. This provision shall apply whether or not the employee has elected to retain recall rights.

9.6 Recall from Lay-off

When vacancies occur, the Company agrees to re-engage in the order of Company seniority within the functional group concerned, former employees with the occupational qualifications and who have had at least one (1) year of Company seniority and who have been laid off for a period not exceeding eighteen (18) months, provided that employees who have been laid off for a period of one (1) year shall notify the Company in writing of their continued desire for re-engagement. An employee who is not recalled within the eighteen (18) month recall period, or who foregoes his/her right of recall in writing during the recall period, shall be paid the severance pay accumulated pursuant to Article 9.5.4 to him/her at the time of lay-off.

9.6.1 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] days.

9.6.2 Employees who are unable to return to work for just and sufficient cause within the said seven [7] day 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.

9.6.3 Seniority credit shall continue while any employee is on leave granted by the Company.

ARTICLE 10
JURISDICTION AND NEW DEVICES AND METHODS

10.1 Jurisdiction

Subject to Article 10.3 hereof, the Company agrees that:

a) it will continue the present practice of assigning duties relating but not limited to the preparation, administration, audition, rehearsal, and/or broadcast of the Company’s television programs and overall operation, to employees as defined in Article 2.1 and Article 9.2 of the Agreement; and,

b) it will not transfer, assign or subcontract any work or functions covered by this Agreement to which employees are entitled under the terms of this Agreement to any other person or to any other Company or its employees.

10.2 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).

10.2.1 Where new or modified equipment, machinery, or 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 processes.

10.3 Notwithstanding anything contained in this Article or otherwise which may suggest the contrary, the Company reserves the right to transfer, assign, or subcontract any work or functions covered by this Agreement (hereafter referred to as a “transfer of work” or “work transfer”) to another television station or facility owned or operated by, or associated with CTV Television Inc., CTV Inc., or Bell GlobeMedia.

10.4 In the event the Company decides to transfer work, or to introduce technological change, the following shall apply to those employees whose jobs will be eliminated directly as a result of a transfer of work or directly as a result of the introduction of technological change:

a) no later than six (6) months prior to the date of the planned transfer of work or introduction of technological change, the Company shall notify the Union in writing as to its intentions to do so.

b) no later than forty-five (45) days following the giving of the notification referred to in (a) above the parties shall conduct discussions relating to the application of the provisions of the Collective Agreement to affected employees.

c) no later than three (3) months prior to the date of the planned transfer of work or the introduction of technological change, the Company shall notify each affected employee to the effect that his/her job is being eliminated.

10.4.1 The notice referred to in Article 10.4 (a) shall be in writing and shall state:

a) the nature of the work transfer or technological change.

b) the approximate date on which the Company plans to effect the work transfer or the technological change.

c) the approximate number and type of employees likely to be affected by the work transfer or the technological change.

d) the effect that the work transfer or the technological change is likely to have on the terms and conditions or security of employment of the affected employees.

10.5 The following shall apply only to those employees on the payroll of the Company prior to January 23, 1997, whose job is to be eliminated as a result of a transfer of work or as a result of the introduction of technological change. Any such employee shall, within a period of fourteen (14) days after having been given notice as in Article 10.4 (c) elect one (1) of the following options:

a) accept severance pay based on four (4) weeks regular pay for each full year of continuous service with no maximum. Partial years shall be pro-rated.

b) invoke any seniority rights he/she holds pursuant to Article 9 of this Collective Agreement, and displace an employee with less seniority.

c) continue in the employ of the Company in any job assigned to him/her by the Company and be assured of continuing employment for a period of twenty-four (24) months and compensated at the same pay classification and with the same employee benefits he/she enjoyed at the time his/her job is eliminated. Where, however, the employee is assigned to a higher pay classification, the applicable higher salary scale shall apply.

10.5.1 The option, as in this Article, elected by the employee shall be effective as of the date of the transfer of work, or the date of the introduction of the technological change.

10.6 Where at the conclusion of the twenty-four (24) months referred to in Article 10.5 (c) continuing employment is not available to the affected employee, he/she shall be paid severance pay based on eight (8) weeks regular pay.

10.7 Severance payment as in this Collective Agreement shall be deemed to include any severance payment required pursuant to any statute. Acceptance of severance pay will be classed as a voluntary resignation with termination of the employee’s seniority and employment rights.

10.8 The severance pay and continuing employment provisions, as in this Article, shall be limited to the total number of jobs eliminated.

10.9 Where an employee, whose job has been eliminated, displaces another employee with less seniority, Article 10.5 shall apply to the displaced employee, and the provisions of the said Article shall not as a result thereof be available to the more senior employee.

10.10 An employee who as a result of the elimination of his/her job and who as a result of the operation of Article 10.5 (b) or (c) is assigned to another job, shall be subject to the terms and conditions applicable to that other job, except that the pay and employee benefits as referred to in Article 10.5 (c) shall apply to the affected employee.

10.11 Subject to the provisions of any Collective Agreement at a station or facility where work has been transferred, a qualified employee whose job has been eliminated will be given first consideration to fill a vacancy for any like job which may become available at the station or facility or where the work has been transferred. Article 10.5 shall not apply to an employee who is offered and accepts a job at another station or facility owned or operated by, or associated with, CTV Television Inc., CTV Inc., or Bell Globemedia.

10.11.1 An employee who has been offered a job pursuant to Article 10.11 shall accept or reject such offer within a period of fourteen (14) days from the date of offer.

10.11.2 Where an employee accepts a job offer at another such television station or facility, the Company will absorb all reasonable moving expenses. The same shall be approved in advance of the move. Article 10.11.2 does not include reimbursement for voluntary transfers, requested transfers, or moves pertaining to employment secured by a successful incumbent in an internal competition.

10.12 The foregoing provisions, as they relate to technological change, are intended to assist employees affected by technological change. Sections 52, 54, and 55 of The Canada Labour Code do not apply during the term of the Collective Agreement, to the employer and the union.

10.13 It is agreed that the Company shall not be required to alter existing practices or methods covering the following:

a) Outside contractors retained by the Company for specific installation and modification of equipment.

b) The Director of Engineering may perform maintenance and installation functions and occasional operating work.

c) A News Director and Assistant News Director may perform the duties of a News Reporter/Announcer, etc., in the execution of their normal job function.

d) Non-bargaining unit personnel employed by the Company may operate video equipment for screening purposes.

e) A Photography Director may perform the function of a photographer in the execution of his/her normal job function.

f) The Company shall have the right to engage, on a freelance basis, any producers and “on-air” performers as needed for certain special program requirements.

g) The present practice of hiring a part-time Switchboard Operator-Receptionist for a short period each day and the hiring of Commissionnaires from an outside employment agency may be continued as agreed in negotiations.

The Promotion Manager and Creative Service Director, on an occasional basis, may perform duties of Writer/Producer.

Non-Bargaining Unit personnel may perform the function of a part-time Switchboard/Receptionist for short periods as required.

10.13.1 It is agreed by the parties that all Subsections of 10.13 represent clear understanding of some limited duties performed by certain non-bargaining unit employees, and it agreed further that other employees may have from time to time also performed other limited duties other than those to which they were normally assigned. To the extent that this practice pre-dated the signing of this Agreement, the Union agrees that such practice will not be curtailed, and the Company agrees that such practice will not be expanded in any way beyond the signing date of this Agreement.

10.13.2 It is agreed that the provisions of Articles 10.1 (b), 10.13, and 10.13.1 shall not be used to avoid filling a vacancy, or to avoid the hiring of an employee in the Bargaining Unit, to effect a lay-off, or to avoid the recall from lay-off of employees in the Bargaining Unit.

10.14 New Devices and Methods

Subject to Article 10.2 in the event that the Company 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 contract by employees within the bargaining unit, such process, machinery or equipment shall be operated by employees in the bargaining unit herein set forth.

10.15 Existing Methods and Procedures

Except as provided elsewhere in this Agreement, the Company shall not be required to alter an existing method or procedure.

10.16 Program Credits

The Company will provide television production credits on all productions one half [1/2] hour in length or greater. The parties further agree that Television News programs will provide credits once a week.

10.16.1 All audio and video tape, and all film, tape, billboards, produced by the Company for export shall carry a CEP label in a visible position. (Labels are to be supplied by the Union.)

ARTICLE 11
EMPLOYEE BENEFITS

11.1 Existing Benefits

The Company recognizes that as of November 25, 1974, the employees in the Bargaining Unit enjoyed certain benefits and privileges not referred to herein. The Company agrees not to alter or change these practices in such manner as to discriminate against employees in the Bargaining Unit.

11.2 Sick Leave

Employees absent because of illness or accident shall receive sick leave with full pay for six [6] months, (full pay shall include long term disability payments), provided such employees comply with the following requirements:

(a) When taken ill they shall notify their department head at least one [1] hour before their shift commences if reasonably possible.

(b) Employees shall offer proof, satisfactory to the Company, of their illness if requested to do so by the Company.

(c) Employees shall be entitled to a maximum of six (6) months’ sick leave for each specific or related medical or health issue. When the six-month sick leave, either taken in one single six-month period or taken during several periods equal to a cumulative total of six (6) months has expired, and the employee is still unable to return to work, the employee shall if eligible, be covered by the long term disability plan.

(d) Once an employee has returned to work for one (1) year without a reoccurrence of the specific illness or health issue referred to in Subsection 11.2 (c), this limiting factor shall not apply.

(e) While on periods of sick leave, employees will not participate in alternative employment with another employer.

Absence because of illness or incapacity shall not interrupt an employee's vacation credits.

11.2.1 If an employee having received sick pay under this Article subsequently receives a settlement or judgment for lost wages, he shall reimburse the Company for any amount received. The employee is required to reimburse the Company only for the amount received in a settlement or judgment which may not necessarily be equivalent to the sick pay received from the Company. The amount of reimbursement to the Company shall in no event exceed the amount of sick pay received from the Company.

11.3 Maternity/Parental Leave

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 postnatal 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.

11.3.1 The Company shall grant maternity leave/parental leave of absence for a maximum period of fifty-two (52) weeks without pay. The maternity leave portion shall be seventeen (17) weeks, and the parental portion thirty-five (35) weeks, as prescribed by the Canada Labour Code. During the leave, vacation credits, seniority credits and fringe benefits contained in Article 11.4 continue to apply. Vacation credits earned during the period of leave will not be paid credits. Vacation credits will continue to be earned at the employee’s pre-leave rate. However, upon return to work when those credits are exercised, they will be unpaid. The parental portion of 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 11.3 and 11.3.1 fulfill the Company's obligations under Section 206 of the Canada Labour Code.

11.3.2 Male employees are entitled to Parental leave under the provisions 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 month in advance and supplies, on request from the Company, written confirmation of pregnancy from his spouse's doctor.

11.4 Effective September 1, 1997, the following additional benefits coverage, excluding Vision coverage, shall be available to employees. Vision coverage shall be available effective September 1, 2002:

(a) Extended Health Care
(b) Vision
(c) Dental
(d) Long Term Disability
(e) Accidental Death & Dismemberment
(f) Group Life Insurance

The accumulated total of the premium costs associated with the six (6) areas of coverage shall be shared on a 50/50% basis between the Company and Employee.

11.4.1 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.

11.5 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. Any new or modified Plan shall be offered to contributing employees who will then have the option of either continuing to contribute under the current Plan, or of joining the new or modified Plan. Each employee enrolled in the Pension Plan shall receive annually an audited statement of their contributions to the end of each calendar year.

11.6 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. Such paid leave will consist of the following:

5 days - spouse or child

3 days - legal guardians, father, mother, brother, sister, grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, or grandchild

 Additional leave in excess of the aforementioned will be deducted from the employee’s earned vacation entitlement. Should bereavement leave occur while an employee is on vacation, vacation days shall be credited to the employee.

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.

11.6.1 The employer will consider requests for specified leave for emergencies (e.g., birth of a child, critical illness in the immediate family, the death of an aunt, uncle or close friend); however, the payment for such leave will be at the sole discretion of the employer.

11.7 Witness or Jury 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 employees return to work if they are released 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. The employee agrees to provide their Department Head with proof satisfactory of such a call to service.

11.8 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. Seniority will not accumulate during long-term leaves of absence, but will remain at the level attained on the date leave was taken.

11.9 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 Industrial First Aid courses. Leave with pay will be provided by the Company as required by employees attending such courses.

11.9.1 Should an employee’s request for leave be of the nature of education or training, and said leave requires a term of internship or practicum, the employee agrees to advise the Company in advance of its commencement for consideration. It is agreed that any term of said internship or practicum cannot be with a competitor within the broadcast market of CFQC Television, and cannot conflict with employment policies or corporate interests of either CTV Television Inc. or CFQC Television.

ARTICLE 12
TRAVEL PROVISIONS AND EXPENSES

12.1 Transportation

The Company shall reimburse each employee for all necessary travelling and other expenses when such travel is authorized by the Company. Use of the employee's own automobile for transportation in connection with assigned duties must be previously authorized before reimbursement will be made.

12.1.1 In such authorized cases the Company shall reimburse the employee at the rate of twenty-four cents [$0.24] per kilometer 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 and except that 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 cars on Company business. The maximum rates involved for payment shall be $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.

12.2 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 as follows for these regular meal periods while at such remote locations:

Breakfast $10.00
Lunch $15.00
Dinner $20.00
Subsequent Meal $10.00

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 where the assignment extends overnight, shall receive a per diem allowance of fifty-five dollars [$55.00] per completed 24-hour period to cover the costs of meals and incidentals. Where suitable meals are provided, the per diem shall be reduced by the rates as set out in Article 12.2.

First-class, single occupancy accommodations, when available, will be provided for employees at the expense of the Company where overnight accommodation is required.

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) - 1-1/4 days for each completed month of employment (i.e. 3 calendar weeks) for employees with 1 year of seniority but less than 8 years seniority.

(c) 8 years (96 months) to 18 years [216 months] - 1-2/3 days for each completed month of employment (i.e. 4 calendar weeks) for employees with 8 years of seniority, but less than 20 years.

(d) 18 years [216 months] or more - 2-1/12 days for each completed month of employment (i.e., 5 calendar weeks) for employees with 18 years of seniority.

When calculating vacation credits, the Company shall include in that calculation any service an employee has accumulated with any CTV Saskatchewan affiliate unless the break in service is more than twenty-one (21) calendar days.

For the purpose of this clause, any employee whose vacation days are affected by the signing of this Agreement, would begin to accrue these days effective July 1, 1999.

RECAP

Service: Company Seniority computed as of June 30 of each year

Duration of Vacation in Working Days

% of Gross Earnings

Less than 12 months

1 day per month

4%

12 to 95 months

15 days

6%

96 to 215 months

20 days

8%

216 months or more

25 days

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 within a functional group. It is agreed that where employees seek to split their vacation entitlement into more than one time period, all employees within the functional group shall be afforded their right of preference for their first time period before seniority preference is given to an employee's choice for a second or subsequent period. In order to provide for a more equitable vacation selection process, the first two weeks of vacation shall be awarded on the basis of seniority. Once the initial 2-week selection is made, remaining vacation selections will be made, also on a seniority basis. This process is not to provide additional administrative responsibilities to the employer. The employee's application for vacation time shall be submitted in writing on a form prescribed by the Company, prior to February 15th. Vacation schedules shall be posted by March 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 two (2) 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 Years Day Dominion Day
Good Friday Labour Day
Victoria Day Thanksgiving Day
Saskatchewan Day 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.

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, in addition to their regular day's pay, an additional one and one-half (1-1/2) times their basic rate for all hours worked with a minimum credit of four (4) hours, except that employees who are required to work in excess of four (4) hours will receive a minimum credit of eight (8) hours. 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 and 13.2.5, employees at their own option shall be permitted to add one (1) day 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.

Hours Worked/Credited

Article 13.2.2

0 - 8

8 hours x Basic

8 - 12

N/A

Over 12

N/A



Article 13.2.4

Article 13.2.5

1 ½ x Basic

2 x Basic

2 x Basic

2 ½ x Basic

2 ½ x Basic

3 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. Employees 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 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 unless requested otherwise by the employee and further provided that such employee has received prior approval of the Union before making such request to the Company.

14.1.1 Employees classified as clerical employees will continue to work eight (8) consecutive hours inclusive of a one (1) hour meal period. Employees, who at September 1, 1991 were scheduled to work eight (8) consecutive hours inclusive of a one (1) hour meal period will continue to work that schedule. Employees hired, transferred or promoted into non-clerical positions after September 1, 1991, regardless of their previous schedule, will work eight (8) hours exclusive 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.

14.3 Overtime Computation

All scheduled time worked in excess of eight (8) hours 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 Employees who are assigned unscheduled overtime in excess of two hours (2) beyond the scheduled finishing time of a tour of duty, shall be compensated at one-half (1/2) times their basic rate in addition to any other payments received under this Agreement, for work performed in excess of the two (2) hours referred to above. If employees are assigned a second extension of unscheduled overtime, the additional one-half (1/2) rate shall apply from the beginning of the originally assigned unscheduled overtime. The unscheduled overtime premium will not be paid if employees are advised of such unscheduled overtime within the first two (2) hours of their tour of duty.

14.3.2 Authorized overtime worked by an employee pursuant to 14.3 or 14.6, may with the consent of the Company, be paid by time off in lieu of cash overtime payments at the rate of one and one-half (1 1/2) times basic. Time accumulated may be taken at a mutually agreeable time.

14.4 Posting of Schedule

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, but not 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.

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. It is the intent of the foregoing to insure 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. However, employees in News or Current Affairs, hired to work specific weekend shifts, shall receive at least four (4) weekends off each calendar year at mutually agreed times.

The last sentence in Article 14.4.1 which reads “However, employees in News or Current Affairs, hired to work specific weekend shifts, shall receive at least four (4) weekends off each calendar year at mutually agreed times” shall not apply to employees hired before September 1st, 1999.

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 less than five (5) calendar weeks (25 working days) of any shift in every thirteen (13) calendar week cycle. 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 pre-arranged 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 record, 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 an employee refuses to work on a day off, the Company will endeavour to fill the assignment with a qualified employee from its staff. 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, 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.

 RECAP

Hours Worked/Credited

1st Day Off

0 - 8 (minimum of 4)

1 ½ x Basic

8 - 12

2 x Basic

Over 12

2 ½ x Basic



Hours Worked/Credited

2nd Day Off if Worked on 1st

0 - 8 (minimum of 8)

2 x Basic

8 - 12

2 ½ x Basic

Over 12

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 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, 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.

14.8.1 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 anyone in that functional group.

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 to the level of Department Supervisor shall be made in a bona fide manner.

14.9.3 It is clearly understood by both parties that no temporary upgrade shall be paid to Group 4 VTR for the performance of Group 5 VTR Production Editor duties, other than in the case of relief for vacation or illness of more than one day.

14.9.4 Where a camera-person is temporarily upgraded to a Photo-Journalist, he/she shall be paid the applicable upgrading premium. Where a camera-person is permanently assigned to a Photo-Journalist position, he/she shall be re-classified to the appropriate Photo-Journalist position.

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 two dollars ($2.00) per hour with a minimum credit of one dollar twenty-five cents ($1.25). Night differential shall not be deemed overtime or part of basic pay. If night differential is one-half (1/2) hour or less, no penalty in regard to this article shall apply.

14.11 Excessive Hours and Safety

The Company shall not repeatedly assign excessive hours of work to employees. The Company will use its best efforts to assign overtime in a fair and equitable manner.

14.11.1 The Company also agrees to continue to give proper attention to the elimination of working conditions which are a hazard to the health and safety of employees.

14.11.2 The Company shall continue to give full and complete consideration to the capabilities of an employee for assignments involving climbing, and will recognize valid inability to perform such assignments.

14.11.3 The Company agrees to continue 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.

14.11.4 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, and survival equipment. The transmitter vehicle required to travel to and from remote sites shall be equipped with a radiotelephone or other suitable means of communication in good working order.

14.11.5 All ladders used on electrical outlets, scaffolding and platforms must be in compliance with safety laws.

14.11.6