Cep 715m contract

CJOH - Local 715M

COLLECTIVE AGREEMENT

between

CTV Television Inc. (CJOH-TV)

and

Communications, Energy and Paperworkers Union of Canada

January 1, 2005

December 31, 2008

1.1 It is the intent and purpose of this Agreement to recognize the community of interest between the parties in promoting co-operation between the Company and its employees as described herein.

1.2 To this end, the Union agrees that it will co-operate with the Company in the observance of the provisions of this Agreement and of the Company’s regulations pertaining to employees, that it will assist the Company and its supervisory personnel in maintaining a high level of efficiency on the part of all employees, and to maintain at all times in its negotiations with the Company and in its discussions with individual employees, the concept that all employees shall give a fair return of their services.

1.3 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.

Technical & Engineering (T & E) shall mean all classifications in Technical and Engineering job functions.

Office & Professional (O & P) shall mean all classifications in Office and Professional job functions.

The term “employee” as used in this Agreement shall mean any person 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 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 Industrial Relations Board.

“Student employee” shall mean any person employed in accordance with Article 2.3.2.

“Part-Time employee” shall mean any person employed in accordance with Article 2.3.4.

2.2 Bargaining Unit - The Company recognizes the Union as the exclusive bargaining agent for all the persons employed in the unit defined by the Canada Industrial Relations Board in its decision of .

excluding all other employees presently covered by collective agreements between the Company, The Newspaper Guild, and the Alliance of Canadian Cinema, Television and Radio Artists, and employees of CTV Television Inc., working at 1500 Merivale Road, Nepean, Ontario.

2.3 Employee Categories - It should be noted that a complete listing of the current job classifications and wage levels is contained in Article 17. Whenever the term “classification” is used in this Agreement, it shall denote the base and senior or merit category in any of the job functions.

2.3.1 All employees covered by this Agreement shall be considered full-time employees of the Company except as provided in Articles 2.3.2 and 2.3.4. They shall be probationary employees for a period of three (3) months from the date of 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 this event will so advise the employee concerned and consult the Union. During the probation period the Company may release the employee at any time for reasonable cause.

2.3.2 Student Employee - Engineering, University Degree, Diploma or Cooperative Work Period students may be hired by the Company for specific work periods (current practice). Such students shall be paid at start rate of the classification to which they are assigned. They shall be scheduled to work the minimum tour of duty and work week for the assigned classification.

Summer Students may be hired by the Company for specific work periods not in excess of the four (4) consecutive months during the summer. Such students shall be paid seventy-five percent (75%) of the start rate of the wage classification to which they are assigned. Except for summer students, all other students shall be scheduled to work the minimum tour of duty and work week for the assigned classification.

2.3.3 Placement Student - Placement students are defined as those, who as part of their studies curriculum, need to be placed for a specific term in a workplace environ as part of an internship placement. While such students are not employees, they may be assigned to assist full-time employees in the bargaining unit provided that they do not perform any work functions except under the direct supervision of the employee to whom they are assigned.

2.3.4 Part-time Employee - A part-time employee is one hired on a regular or occasional basis to cover peak work periods, child care leave, sick leave, annual leave or to work on a special project or productions of a pre-determined length of time. A regular part-time employee is one who is scheduled to work a consistent number of hours, not to exceed twenty-four (24) hours each week, in a single job classification on a continuing basis. Part-time employees shall be paid on an hourly rate, based on the applicable wage rate of the classification to which they are assigned.

The Company shall provide a report to the Union containing the cumulative total hours worked by each part-time employee in each classification during the previous two (2) weeks, with such report being forwarded to the Union within seven (7) days of each bi-weekly pay period.

2.3.5 Students, part-time employees or Placement Students shall not be used for the purpose of eliminating or displacing full-time employees or to avoid hiring full-time employees in the bargaining unit.

2.3.6 Students and all part-time employees shall be subject to all conditions of this Agreement except those pertaining to length of service, e.g., health and insurance benefits, pension, workforce reductions, sick leave, except as provided below.

(a) Students and all part-time employees shall receive a minimum credit of four (4) hours per tour of duty to a maximum work week of twenty-four (24) hours. If the scheduled call is extended unexpectedly the employee shall be paid a premium of one and a half (1 1/2) times basic for all additional hours worked and two (2) times basic for all unexpected hours after eight (8) hours in any tour.

(i) However, the regular work hours will apply to all part-time employees who are replacing regular employees on child care, sick or annual leave or to work on a special project or productions of a pre-determined length of time.

(ii) When part-time employees are working less than regular hours under this Article the employee’s hours shall not be reduced without the employee’s consent, unless notice is given directly to the employee by 13:00 hours one (1) day prior to the tour of duty in question, except if the reduction in hours is a result of circumstances pertaining to another member of the bargaining unit, for example; someone returning from illness earlier than expected. In no event will the penalty for such reduction in hours exceed one (1) tour of duty.

(b) Students and all part-time employees shall be entitled to receive vacation pay calculated at the rate of six percent (6%) of their gross basic earnings.

(c) Regular part-time employees who have worked a minimum of seven hundred (700) hours in each of the previous two (2) calendar years shall be entitled to sick leave when incapacitated for duty through illness or injury. The sick leave entitlement shall be limited to three (3) days per calendar year.

(d) Students and all part-time employees shall have a meal period assigned in all tours of duty of more than five (5) hours.

(e) Regular part-time employees shall accumulate seniority separately from full-time employees with credit for all hours worked in every classification to which the employee is assigned. The employee shall progress up the salary schedule in each of the classifications to which they are assigned automatically on the first complete pay period of the month nearest the employee’s 1950 (O&P) or 2080 (T&E) hour anniversary following appointment, progression or promotion based on total hours worked in all classifications. At ratification of this agreement, part-time hours worked since January 1, 1998 will be totaled for all classifications based on hours worked since either the last anniversary increase or the hire date of each classification as applicable.

(f) Part-time employees who are subsequently hired on a permanent basis in the same classification (a classification to which they are regularly assigned) without a break in service of more than ninety (90) calendar days shall be credited for all purposes with the total accumulated hours.

(i) Regular part-time employees working on a regular assignment basis shall be given two (2) weeks notice, in advance of the proposed layoff, or two (2) weeks pay in lieu of notice and in addition shall receive severance pay in accordance with Article 8.4.5 pro-rated in respect of effected part-time hours worked as of January 1, 1998. Regular part-time employees shall be laid off in reverse order of seniority by assigned classification within the part-time pool.

(ii) Temporary employees replacing full-time employees on child care, sick or annual leave or to work on a special project or productions of a predetermined length of time shall be deemed to have received notice at the time of hiring.

(iii) Casual part-time employees hired on a daily or sporadic basis will not require notice of layoff due to the very nature of their assignment.

(h) Regular part-time employees who have at least six (6) months of seniority shall receive parental leave benefits in accordance with prevailing legislation

(i) Students and all part-time employees shall be entitled to pay for a statutory 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.

3.1 The Union recognizes that the Management of the Company, the control of its properties, and the maintenance of order among its employees, as described herein on its premises and/or while engaged in work for which the Company is liable for remunerations are solely Management rights. 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 The Union further recognizes the right of the Company to operate and manage its business in all respects. Other rights and responsibilities belonging to the Management of the Company and hereby recognized, prominent among which, but by no means wholly inclusive are: the right to decide the number and locations of plants, the amount and type of supervision necessary, of machinery and technical equipment, methods, procedures and standards of operation, operating schedules together with the selection, procurement, designing and engineering of equipment which may be incorporated into the determination of the size of the work forces including the right to hire, transfer, promote, demote, retire or to suspend or discharge for proper cause, or to relieve employees from duty because of lack of work, content of programs, the judgement and final evaluation of personnel qualifications and performance.

3.3 The rights referred to in Article 3.2 above shall be exercised in accordance with the provisions of this Agreement.

4.1 Union Security and Dues Check-off - The parties hereto mutually agree that any employee of the Company covered by this Agreement shall have freedom of choice as to joining or not joining the Union, or remaining a member of the Union.

4.1.1 The Company will discharge any employee outlined in Article 4.1 within fifteen (15) days after receiving written notice from the Union that the membership of such employee has been terminated by reason of failure to pay uniform assessments.

4.1.2 During the term of this Agreement, the Company agrees to deduct monthly from the salaries of the employees in the Bargaining Unit an amount equal to the uniform dues 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 regular salary and the same percentage shall be deducted on all additional earnings. The Company will be notified within thirty (30) days by registered mail of any changes in the present rate of deductions. The Union shall not require the Company to vary the deductions more than twice a year.

4.1.3 The Company agrees to remit the monies so deducted to the Union monthly by cheque. The Company shall remit such dues by the fifteenth of the month following the month for which such dues are deducted together with the following information:

6. The name of any employee who has left or joined the Company since the last payment, including the name of any employee going on or returning from child care leave. A copy of this statement shall be provided to the Local Treasurer of the Bargaining Unit.

As soon as possible, the Company undertakes to provide this information to the National Union by means of a monthly computer disc in an ASCII format.

4.1.4 Each year the Company shall include on the T-4 and TP-4 slips issued to each employee, the total amount of dues deducted at source and forwarded to CEP.

4.2 Notification to the Union - The Company shall immediately mail to the office of the Union and the President of CEP Local 715M one copy of each of the following:

(a) Notice of dismissal, extension of probationary period, suspension or any disciplinary action affecting an employee within the bargaining unit.

(b) Any notice pertaining to the application or agreed interpretation of this Agreement.

(d) Notice of vacancy in any classification concurrent with the time of internal posting.

4.2.1 An elected Local Union official shall be present at the time an employment letter is signed by a new employee.

4.3 Union Access to Premises - Representatives of the Union shall have access to the Company’s premises to carry on inspections or investigations pertaining to the terms and conditions of this Agreement at any operating unit of the Company, at reasonable notice to the Company, and free from unreasonable interference from the Company. Such investigation or inspection shall be carried on at reasonable hours and in such manner as not to interfere unduly with the normal operations of the Company. The Company will furnish a suitable business letter or a card of identification for the Representative entitling admission to the premises of the Company and other places where employees covered by this Agreement may be working.

4.4 Union Use of Bulletin Boards - The Company agrees to the posting by the Union on scheduling/bulletin boards, of announcements regarding elections, meetings, negotiation developments and internal affairs of the Union, provided such notices are authorized by the Manager Human Resources. The Local Union shall have exclusive use of one bulletin board located adjacent to the main operations scheduling board.

4.5 Leave for Union Activities - Upon request by the Union, the Company will release without loss of pay or other benefits, up to three (3) employees named by the Union to attend grievance meetings and four (4) employees for negotiation meetings. In the event that an employee attends meetings on a scheduled day off, the employee shall receive a compensatory day(s) off in lieu to be taken at a mutually agreed time. Any time spent in such meetings shall not be considered for the purpose of determining overtime pay if the meeting extends beyond the normal tour.

4.5.1 Leave without pay will be granted for a reasonable period to any employee duly authorized to represent employees in order to:

(a) Attend Executive Council Meetings, Labour Conventions, Congresses, etc. A request for such leave shall be submitted at least eighteen (18) days in advance.

(b) Accept a position with the Union or an official labour body. Such leave shall be granted by the Company on receipt of a written request from the employee and the President of the Union. The length of leave shall be as follows:

It is agreed and understood that not more than three (3) employees from the Bargaining Unit shall be so released at any one time.

4.5.2 Leave provided for in Article 4.5.1 (b) shall not constitute a break in continuity of service in the computation of seniority and with respect to Article 4.5.1 (a) shall not constitute a break in continuity of service in the computation of seniority, severance pay, or other benefits under this Agreement.

Employees taking leave as provided in Article 4.5.1 (b) will be required to contribute a percentage of their salary so paid by the Union or an official labour body, into the Company pension plan. Such percentage to be paid shall be the percentage normally paid into the pension plan if they were still being paid by the Company.

4.6 Non-Discrimination - The Company will not interfere with, restrain or coerce the employees covered by this Agreement because of membership in or lawful activity on behalf of the Union. The Company will not discriminate in respect to hiring, tenure of employment or any term of employment against any employee covered by this Agreement because of membership in, or lawful activity on behalf of the Union, nor will it discourage membership in the Union or attempt to encourage membership in another Union.

4.7 Employees shall continue to enjoy equal rights under this Agreement regardless of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which pardon has been granted.

5.1 The Union will not cause, nor permit its members to cause, nor will any member of the Union take part in a slow-down or a strike, either sit-down or stay-in, of any of the Company’s operations during the term of this Agreement. The Company will not cause, or permit its employees to cause, engage in or permit a lockout of any of its operational locations during the term of this Agreement.

5.2 The Company will not assign, transfer, or require employees to go to any radio station, television station, transmitter, studio, or property where a strike of employees whose functions are similar to those covered by this Agreement is in progress to perform the duties of any employees engaged in a strike/lockout, or to originate a program or programs not normally fed to such facility, nor will the Company require any engaged employee to perform the duties of any other employee who is engaged in a lawful strike/lockout, or the duties of any employees of any company engaged in a lawful strike/lockout.

6.1 It is mutually agreed that it is the spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement.

6.2 The parties recognize that, the “Canada Labour Code” provides that any employee may present a personal grievance to the Company at any time. Any such grievance may be subject to consideration and adjustment as provided in the following Articles on Grievance Procedure.

6.3 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged violation of this Agreement, the following shall be the procedure for adjustment and settlement thereof:

Step 1: The grievance shall be reduced to writing specifying the Article or Articles of this Agreement on which the grievance is based, and a copy thereof delivered to the Manager Human Resources or designee, within ten (10) working days of the arising of such grievance. A copy shall also be delivered simultaneously to the employee designated by the employees as their Unit Chairperson of the Grievance Committee.

Step 2: The grievance shall be discussed with the Manager Human Resources or designee and the Local Grievance Committee consisting of not more than three (3) members. Such discussions will deal with grievances of which at least two (2) working days notice shall have been received. Such meetings shall take place within ten (10) working days of the request for a meeting. If a meeting is not requested within thirty (30) working days such grievance will automatically advance to Step 3. Appropriate records of such meetings shall be kept.

Step 3: If the grievance is not recorded as settled within ten (10) working days after the meeting described in Step 2, the dispute shall be referred to the Manager Human Resources and Union Office for further discussion and consideration. If not resolved within thirty (30) days of being advanced to this level, the grievance will automatically proceed to Step 4.

Step 4: In the event that the representatives of the Company and the Union cannot reach an agreement, the dispute may, within thirty (30) working days, by written notice of either party to the other party, be submitted to final and binding arbitration. If not so submitted to arbitration any such grievance will be considered abandoned or withdrawn. The parties shall within ten (10) working 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 the time limits prescribed, 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 obliged to pay the cost of stenographic transcript without express consent.

6.4 The arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but 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 any other benefit under this Agreement which may have been lost.

6.5 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 National Union and if not satisfactorily settled within thirty (30) working days either party may refer the matter to arbitration as provided in Step 4 of Section 6.3. It is agreed and understood that the provisions of Article 6.5 are not intended to replace an individual employee’s right to file a grievance; e.g., an arbitrator is not permitted to award damages or a remedy in favour of an individual as a result of a policy grievance.

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

7.1 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 immediately the complaint or accusation is made. If this procedure is not followed, such expression or complaint shall not become part of their record for use against them at any time.

7.2 The employee’s reply to such complaint or accusation, if received within ten (10) working days after the individual has been given the notice referred to in Article 7.1 above, shall become part of the employee’s record. If such reply is not so received it will not become part of the record for the individual’s use at any time.

7.3 Employees shall have access to their personal performance file in the presence of their supervisor or an elected Union representative during office hours.

7.4 An employee shall have the right to have a Union Steward or Local Officer present at any disciplinary meeting involving a supervisor or Management personnel.

7.5 A written notice of dissatisfaction/complaint shall be removed from an employee’s record, and not be used against the person at any time, if no other related incident occurs before eighteen (18) months has elapsed. In circumstances of related incidents, associated memos will not be removed until eighteen (18) months after the date of the most recent notice.

7.6 At the employee’s request, a written performance appraisal shall be completed and discussed, with the employee within thirty (30) days. Such requests shall not be made more than once every twelve (12) months. The Company may conduct a performance appraisal on its own initiative for every employee at least once every year. Performance appraisals shall remain part of an employee’s file, and shall not be subject to the grievance procedure. However, it is understood that performance appraisals shall not be used for disciplinary purposes and will not include any references to specific events which have not been first issued as a report on performance.

8.1 Company Seniority - Company seniority shall be deemed to have commenced on the date of hiring as a full-time employee by the Company and shall be equal to the length of continuous service.

8.1.1. Prior service shall be credited to an employee when transferring to full-time status provided there is no break in continuity of employment. Such past service credit will not reduce any waiting period pertaining to a company benefit plan. Nor will such credit cause a probationary period to be reduced to less than one (1) month.

8.1.2 Company seniority shall relate only to the order of workforce reductions, promotions and the choice of vacation periods.

8.1.3 All seniority rights of an employee shall cease for any of the following reasons:

ii The individual is discharged for just and sufficient cause and not reinstated through the grievance or arbitration procedures;

iii The individual fails to return from leave of absence unless such failure to return is proven to the satisfaction of the Company to have been due to causes beyond the employee’s control;

8.2 Promotions and Transfers - The employee with the most Company seniority who meets the reasonable qualifications (which may include practical qualification tests) for the position, as set by the Company, shall be promoted/transferred to fill a vacancy/opening in another classification. The Company retains the right to make the final determination concerning whether a vacancy exists. For example a vacancy will not occur where a bargaining unit employee is transferred into another position, and staff levels do not increase. Nothing in this Article precludes the Company from hiring an external applicant when no qualified employees apply and are accepted.

8.2.1 Before the Company fills any available position in the classifications covered by this Agreement, the Company shall post on all designated bulletin boards for a minimum of five (5) days any vacancies/openings for permanent positions. Subsequent vacancies/openings resulting from an initial vacancy shall be posted a minimum of two (2) days.

8.2.2 Notwithstanding Articles 8.2 and 8.2.1 above, vacancies/openings and/or positions outside the bargaining unit shall be posted, thereby enabling present employees to apply for the positions.

8.2.3 Without the individual’s consent, no employee shall be transferred or assigned to a position outside the bargaining unit.

8.2.4 Employees required to 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 performances.

8.2.5 An employee promoted/transferred to fill a vacancy/opening in another classification shall be on an evaluation period in such classification for three (3) months. The Company may, at any time during this period, return the employee to their classification with no loss of seniority. At the conclusion of a successful evaluation period the employee will be advised in writing that the promotion/transfer has been confirmed in the position.

8.2.6 When an employee has worked an accumulative total of five hundred and twenty (520) hours or more in a classification which is higher than the one to which they are normally assigned, and when a vacancy/opening in such higher classification is available and the employee is promoted, they shall then serve only a one (1) month evaluation period.

8.2.7 Employees promoted into another level in the same job classification (merit increase) or from one job classification to another job classification (transfer or promotion), less than ninety (90) days before their anniversary date increment, or a contract anniversary increment, shall receive a wage increase of one full increment in addition to the wage increase which would have been received for the promotion or transfer. (Where such equivalent of one full increment would result in a salary over scale , the employee will be placed at the top rate of the higher salary scale.)

8.3 Dismissals, Resignations and Demotions - Dismissal or demotion of an employee shall only be for just and sufficient cause and it is agreed that dismissal or demotion may be subject to the grievance procedure. An employee dismissed for just and sufficient cause shall be entitled to two (2) weeks’ notice or in lieu of such notice, shall be given two (2) weeks’ pay plus accrued vacation pay.

8.3.1 An employee, when resigning, will give the Company two (2) weeks’ notice in writing.

8.3.2 Notwithstanding Article 8.3, a probationary employee who is released in accordance with Article 2.3.1 shall be entitled to one (1) week’s notice, or in lieu of notice, shall be given one (1) week’s pay plus accrued vacation pay. If the employee is released for gross misconduct the Company shall not be required to provide notice or pay in lieu of notice.

8.3.3 Notwithstanding Article 8.3.1, a probationary employee, when resigning, will give the Company one (1) week’s notice in writing.

8.3.4 Notwithstanding Article 8.3, the Company agrees that prior to the imposition of discharge, the Union representative (or Local President in case of absence) shall be advised by the Company of the reasons for considering such action and discharge shall be delayed for a period of forty-eight (48) hours.

8.4 Workforce Reductions - Workforce reductions shall proceed in inverse order of Company seniority within the job classifications.

An employee will be advised in writing of the said reduction and if the employee chooses to exercise their bumping rights, the employee will respond in writing to the Company within five (5) days indicating, in order of preference, the positions into which the employee wishes to bump. The employee will also indicate which article (8.4.1 or 8.4.2) applies in each circumstance. The Company will respond to the employee's request within three (3) business days.

The Company agrees to provide copies to the Union and Local Union President of any workforce reduction notice and any subsequent correspondence with affected employees. The Company agrees to meet with two local union officers prior to releasing the written response referred to in the above paragraph.

8.4.1 An employee about to be laid off (Workforce Reduction) from one job classification who has had three (3) months or more of service in another job classification, may apply their seniority and revert to such other classification, provided that no employee is to be displaced by a more senior employee unless the senior employee possesses the occupational qualifications of the job filled by the employee with less seniority.

8.4.2 An employee about to be laid off (Workforce Reduction) and who has four (4) or more years seniority may apply their seniority and revert to another job classification in the Company, provided that, in the opinion of the Company, the employee may be trained in a reasonable length of time to perform the duties in the other job classification, shall be trained and then revert to that classification subject to the following conditions:

(a) In the event that the training is not successful, then the workforce reduction will proceed as originally planned;

(b) An employee shall revert to a salary level in the new classification which is equal to their current salary, but in any event not higher than the top rate of the new classification;

8.4.3 An employee about to be laid off (Workforce Reduction) who has the Company Seniority, and who in the opinion of the Company may be trained in a reasonable period of time, shall be trained to fill a vacant position and then revert to that new position, subject to the following conditions:

(a) In the event that the training is not successful, then the layoff will proceed as originally planned.

This article shall apply only where there is an existing vacancy at the time of the workforce reduction. This will include any new vacancies arising at the time and as a result of the application of Article 8.4.7.

8.4.4 Except for employees reverting under Article 8.4.2 an employee who has reverted to another job classification and whose basic salary is higher than the maximum of this group, shall receive a basic salary equivalent to the top of this group, but in any event the employee’s basic salary shall not be decreased by more than ten percent (10%) on reversion.

8.4.5 In the event of workforce reductions, employees will receive at least eight (8) weeks notice or eight (8) weeks salary in lieu of notice, plus accrued vacation pay. Employees will be considered terminated and will receive severance pay equal to three (3) weeks’ basic salary for each year of continuous service with the Company. For employees hired after May 13, 1996, the severance will be capped at a maximum of fifty-two (52) weeks. Severance pay will be calculated on a pro-rata basis to the nearest month. This severance payment shall be deemed to include any severance payment required pursuant to any statute and employees will be required to sign a release with the Company in a form which has been agreed by the parties and is reproduced at the back of the agreement.

8.4.6 When an employee is terminated as set out in Article 8.4.5, the Company will pay one hundred percent (100%) of the cost of the employee's medical and group insurance benefits except for Long Term Disability coverage (See Article 10.3) for a period of six (6) months.

Coverage will cease once an employee is re-engaged in other employment. It is the responsibility of the employee to notify the Company immediately that such other work is obtained.

The Company agrees to continue to provide basic “outplacement services” to employees so terminated.

8.4.7 New Equipment/Technological Change/Organizational Change - In the event that the Company introduces or permits to be used any process, machinery, or equipment which substitutes for, supplements, or replaces any present process, machinery or equipment which falls under the jurisdiction of the bargaining unit, then to such extent as such process, machinery or equipment falls under the jurisdiction of the bargaining unit, it shall be operated and maintained only by employees in the bargaining unit herein set forth.

(a) The parties recognize the benefits derived from training and agree that training shall be provided to employees in accordance with the following priorities and objectives:

(i) the need to provide direct training to employees to ensure they are able to perform their function(s) in accordance with operational requirements.

(ii) the need to provide training to employees whose jobs are undergoing change due to changing priorities of the Company.

(iii) the need to provide full-time employees with training which addresses career development and assists employees in reaching their fullest potential subject to course availability and management approval.

(b) Management shall meet with employees and the Local Union to communicate changes in operational objectives, plans, and directions as well as associated training plans as changes take shape.

(c) The Union recognizes the responsibility of employees to take ownership of their development with a view to reaching their fullest potential. To this extent, employees are encouraged to identify their specific interest in career development and training to the Employer.

8.5.1 The Employer will, at its expense, continue to provide training for employees when new equipment or procedures required for the performance of their duties are introduced.

8.5.2 Where the Company assigns employees to participate in training courses or seminars, such assignment will be considered as regular working time, but it is recognized that, as there are mutual benefits derived from training, home-study or after-hour reading will not be considered as working time.

(a) It is agreed that employees who show an interest to learn another job classification may be allowed to practice on equipment on their own time subject to equipment availability and management approval.

8.5.3 The Company agrees to review, for approval, courses which are identified by employees that are applicable to this Article. On request of an employee details concerning available courses shall be provided to the employee by the Company.

8.5.4 The Company may grant leave with or without pay for a course which has been approved by the Company and which an employee wishes to take. Upon successful completion of such course, the Company will reimburse the employee for all approved costs of registration or tuition cost incurred.

8.5.5 Recognizing the benefits derived from training, it is understood that the penalty and premium provisions of this Agreement will not apply.

9.1 Jurisdiction and New Equipment - Only employees under this Agreement as provided hereinafter shall perform all the duties related to: the maintenance of the Company’s property; the preparation, administration, audition and the broadcast, rehearsal and preparation of the Company’s originated television programs; the operation, installation, setup, dismantling, removal, assembly, modification and maintenance of all equipment used, owned, rented, leased or obtained by the Company or any equipment obtained in the future to replace or supplement such equipment.

(a) Notwithstanding anything to the contrary contained in this Agreement, it is agreed that the provisions of this Article shall not be applicable to other Divisions of CTV Television Inc., or to any subsidiary/affiliated company of CTV Television Inc.

(b) It is also agreed that the Company shall have the right to assign, but shall be under no obligation to assign employees to productions produced by any other company, including independent third party producers, or any other CTV Television Inc. affiliated company. In the event of an assignment by CJOH-TV, the terms of the Collective Agreement shall apply.

(c) For the purposes of this Article, programs produced by the Company, and Company originated television programs shall mean those productions and/or programs that are subject to the exclusive creative, financial and production control of CTV Television Inc. - CJOH-TV Division.

9.1.1 O & P- Notwithstanding Article 9.1, it is agreed that persons, whose classifications are excluded from the bargaining unit as defined in the CIRB decision dated , shall be permitted to continue their normal duties.

9.1.1 T & E- For the purposes of this Agreement, equipment shall mean that used in transmitting, control and/or conducting audio, video and/or radio frequencies and signals for use in broadcast, closed circuit broadcast, re-broadcast, pick-up, relay, audition, rehearsal, recording, and/or on-air playback. The aforesaid jurisdiction shall include the following:

(a) The optical equipment physically associated with the above and used in TV live or recorded programs or other forms of pictures.

(c) Lighting equipment including dimmer boards, lighting effects, reflector boards, portable power generator equipment and related equipment for use in studio or on location.

(d) All electronic, video and audio equipment (including combination electronic and motion picture or slave camera) used either in connection with live broadcasting or in connection with video and audio recording. It shall include all related electronic, mechanical and optical equipment used for all recording, re-recording, duplicating, editing and playback.

(e) The Lighting Director shall be the only person who may direct personnel in connection with the handling and placement of lighting equipment on any major production, and may be required to perform the duties in connection with the handling and placement of lighting equipment.

(f) On all major productions which require changes or adjustments in lighting, at least one (1) lighting director shall be assigned to direct the lighting.

(g) Build, make and repair, as assigned: sets, set properties, and graphic material and erects scaffolding.

(h) Arrange, set up, operate, handle, transport and keep up: wardrobe, costumes, sets, scenery, set properties, set dressings, drapes, projection screens on set, special effects, titling drums, titling machines and graphic cards. Set up equipment for the accommodation of musicians, performers and audience, for example: musical instruments, music stands, prompting and cueing devices, chairs, table and risers. Arrange, set up, operate, handle, transport and keep up visual effects, equipment, devices seen on camera which are used to notify performers and audiences of information about the program, such as time or results, including lights integral to such devices, and light appearing on camera including their wiring and maintenance, arrange prefabricated wiring in staging and design elements, and operate Company vehicles when assigned.

(i) As assigned, handles and operates the electro-mechanical devices used to convey information or direction to performers in a television production when floor mounted or otherwise suspended or hung.

(j) The recording, processing, printing and reproduction equipment used in developing and printing of film, both motion picture and still photograph.

9.1.2 O & P - It is further agreed that the provisions of Article 9.1.1 shall not be used for the purpose of eliminating or displacing employees, avoiding the hiring of employees, effecting a Workforce Reduction of employees or solely for the purpose of avoiding the payment of overtime.

9.1.2 T & E - The jurisdiction set forth above shall also apply to video recording equipment. Only employees under this Agreement shall operate, modify and maintain video tape equipment utilized in connection with any process using electronic methods, wholly or partially for the storage and reproduction of video information and other signals pertaining thereto. This shall be expressly applicable to video tape or any substitute therefore.

(a) The editing, re-editing and assembling of completed packages using creative judgement in so doing shall perform editing of visual elements on recorded mediums for on-air presentation

(b) Handle and operate editing equipment used in conjunction with their work assignments except that:

Program, Commercial, Engineering and Administrative staff may handle and operate, outside the editing rooms, playback equipment used for audition, instruction and content evaluation purposes.

OFFICE & PROFESSIONAL	TECHNICAL & ENGINEERING
O & P	T& E