CJOH - Local 715M
COLLECTIVE AGREEMENT
between
CTV Television Inc. (CJOH-TV)
and
Communications, Energy and Paperworkers Union of Canada
|
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January 1, 2009
to
December 31, 2011
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This Agreement executed this 12th day of November, 2009
Between:
CTV Television Inc., (CJOH-TV Division)
hereinafter referred to as the “Company”
Party of the First Part
And:
Communications, Energy and Paperworkers Union of Canada
hereinafter referred to as the “Union”
Party of the Second Part
.......
ARTICLE 1
Intent
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.
ARTICLE 2
Definitions
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OFFICE & PROFESSIONAL |
TECHNICAL & ENGINEERING |
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O & P |
T& E |
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 .
“All employees of CJOH-TV, a division of CTV Television Inc., excluding”:
- Vice President and General Manager
- Vice-President, News, Public Affairs & News Director
- Manager, Human Resources
- General Sales Manager
- Retail Sales Manager
- Administrative Assistants to the above
- News Director
- Executive Producer, News
- Managing Editor, News
- Manager, Engineering and IT
- Manager, Operations & Web
- Manager, Promotions & Creative Production
- Manager, Building Services
- Managing Producer/Director
- Traffic Manager
- Accounting Manager/Supervisor, Payable & Receivable
- Executive Assistant to Vice President and General Manager
- Unit Manager
- Payroll Assistant
- Public Relations Community Liaison
- Staff Announcer and any other On-Air Performer
- Caretaker (transmitters)
- Sales Executives and Assistants
- Supervisor, Security Services
- Security Officers, and
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, full-time 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 full-time 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.
A regular part-time employee shall be defined as an employee who works a scheduled number of hours each week on a consistent weekly basis or an employee who works an average of twenty (20) hours per week over any fifty-two (52) week period.
(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) 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.
(g) Layoff
(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.
ARTICLE 3
Management Rights
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.
ARTICLE 4
Union Rights
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:
1. Employee name and address
2. Sex
3. Classification title and salary
4. Amount of dues deducted on base salary
5. Amount of dues deducted on additional earnings
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.
(c) Within five (5) days, notification of any new employees hired.
(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:
i) A maximum of four (4) years for elected positions.
ii) A maximum of two (2) years for non-elected positions.
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.
ARTICLE 5
No Strike, Lockouts or Strike-breaking
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.
ARTICLE 6
Grievance Procedure
6.1 It is mutually agreed that it is the spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement.
6.2 The parties recognize that, the “Canada Labour Code” provides that any employee may present 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.
ARTICLE 7
Report on Performance
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. When a meeting is convened in accordance with this Article the employee shall be given reasonable time in which to arrange for the attendance of a Union Representative. Prior to the commencement of the meeting the employee shall be allowed ten (10) minutes to consult their Union Representative.
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.
ARTICLE 8
Seniority Rights
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:
I Resignation;
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;
iv Retirement.
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;
(c) A reasonable length of time shall be four (4) weeks.
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.
(b) A reasonable length of training time shall be four (4) weeks.
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.
8.5 Training -
(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.
ARTICLE 9
Jurisdiction and New Equipment
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.
(b) The sound effects equipment and facilities used to create aural illusions.
(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.
9.1.3 T & E - Editors shall have exclusive jurisdiction over the following:
(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.
9.1.4 T & E - Camera Operators shall have exclusive jurisdiction over the following:
(a) The handling and operation of camera equipment, including the sound recording and portable power supply equipment of a camera and the lighting equipment (excluding studio lighting equipment). The Company, at its discretion, may assign a sound technician from the bargaining unit to operate the sound recording equipment of a camera. Such jurisdiction shall apply to all production, news and commercial production(s).
(b) The camera operators shall be limited to a maximum of three thousand (3,000) watts of lighting gear.
9.1.5 T & E - Notwithstanding the provisions of Article 9.1.3 and 9.1.4 it is agreed that during out of town overnight assignments the Company may combine the functions of ENG/EFP Camera and ENG Editor in accordance with Article 13.1. It is understood that a Dual Function Premium (Article 14.11.3) shall apply. The Company will use its best efforts to assign such work to qualified bargaining unit employees (ENG/EFP Camera and ENG Editors) who express an interest in such assignments.
9.1.6 T & E - Outside firms and contractors may be retained under the provisions of Article 2.3.4 to supply a given service in regards to the editing and camera operators bargaining unit for a program or series of programs insofar as this does not displace a full-time employee. Notwithstanding the foregoing, part-time camera operators and part-time editors may be retained under the provisions of Article 2.3.4 to supply creative illustrations, motion pictures and editing services, when their special talents meet the requirements of particular programs and promotional activities. It is agreed that this shall not be done to evade any of the provisions of this Agreement or to displace a full-time employee.
9.1.7 T & E - In the case of co-production where the Company does not have control over the personnel employed on programs produced outside the Company’s owned and operated premises the duties referred to in Articles 9.1.3 and 9.1.4 may be assigned to personnel outside the bargaining unit.
9.1.8 O & P - Accounting Clerk, Accounting Assistants, Switchboard Operators and Receptionists shall continue as in the past to perform all duties related to their job functions.
9.1.9 O & P - Notwithstanding Article 9.1.8, it is clearly understood that some related duties within the bargaining unit were performed by certain non-bargaining unit personnel in the Accounting Department. To the extent that this practice predates the inclusion of Accounting Clerks, Accounting Assistants, Switchboard Operators and Receptionists into this Agreement, the Union agrees that such practice shall not be curtailed and the Company agrees that such practice shall not be expanded in any way beyond the signing date of this Agreement.
9.1.10 T & E - The Technical Producers shall not be scheduled to perform in any other classification within the bargaining unit but may be assigned duties within the technical classifications on a per occasion basis.
9.1.11 T & E - The Company agrees that it will not assign programs to be pre-recorded or recorded on video tape or film to an affiliate for the sole purpose of depriving the employees under this Agreement of the jurisdiction as set forth herein.
9.2 The Company agrees that it will not transfer or assign any work or functions covered by this agreement to any other person, except that it is agreed the Company shall not be required to alter any existing or agreed methods or practices as outlined below. It is agreed that the provisions of this article shall not be used to avoid filling a vacancy, to cause a job loss of an employee in the bargaining unit, or to avoid the payment of overtime or penalties as stipulated.
(a) Outside contractors retained by the Company for specific installation and/or modification.
(b) Engineering & Operations Departments employees classified as Manager, Operations and Web and Manager Engineering and IT.
(c) Human Resources Department employee classified as Payroll Assistant.
(d) Accounting Department employees classified as Accounting Manager and Supervisor, Payable & Receivable.
(e) Creative Services Department employee classified as Director, Creative Services.
(f ) Building Services Department employee classified as Manager, Building Services.
(g) Existing or past practices of permitted contracting out, including any cooperative productions within the CTV group of companies.
10.1 An employee who is unable to work because of illness or accident shall be paid full salary for such time to a maximum of six (6) months. If it is expected that such absence will exceed six (6) months, the employee is responsible for making an application for Long Term Disability Benefits prior to the expiration of Sick Leave.
Sick leave with pay will not apply during the first three (3) months of employment.
Sick leave will be paid subject to the following conditions:
(a) A written declaration of illness will be required if the absence extends to more than three (3) days and a doctor’s certificate is to be attached. A subsequent doctor’s certificate may be required to substantiate the length of a claim or to verify that an employee is capable of returning to active duty. The Company agrees to pay for any reasonable cost for obtaining a medical certificate upon submission of an invoice. It is expected that an employee will obtain the required certificate in conjunction with a regular doctor visit. However, the Company will give consideration to any exceptions.
(b) Employees shall give as much notice as possible when calling in sick to those persons responsible for their scheduling, a minimum of two (2) hours prior to the start of their tour of duty.
(c) Employees on sick leave (Short Term Disability) may be required to provide a CJOH-TV Medical Report Form in cases of extended absences (more than 15 days), or where a date for return to work has not been established. This form may also be required from employees where a medical report is required to update a previous report. The CJOH-TV Medical Report will be forwarded to the Company’s Medical Doctor for review, guidance and direction.
(d) Sick Leave shall not be paid where an absence is covered by LTD or where an employee is denied LTD, or subsequently has LTD cancelled. At its discretion the Company may extend short-term disability payments for a continuous illness after the initial twenty-six (26) week benefit period has been exhausted.
(e) A medical examination may be required by the Company at its expense:
(i) in order to substantiate a claim for sick leave;
(ii) verify that an employee is able to return to work.
All results shall be forwarded directly to the Company’s Medical Doctor. Confidential medical information forwarded to the Company’s Medical Doctor shall be subject to the ethical and disclosure rules of the College of Physicians and Surgeons. It will not be forwarded to non medical individuals without the written consent of the employee.
10.1.1 If requested in writing by the employee, the results of the medical examination will be conveyed to the employee’s personal physician.
10.1.2 Absence because of illness or incapacity shall not interrupt an employee’s accumulation of vacation credits for a period of up to six (6) months. Vacation credits shall not accumulate during the period when an employee is in receipt of LTD benefits.
10.1.3 Should an employee fall sick while on authorized leave of absence without pay it is understood that the employee will not qualify for sick leave pay until the expiration of that leave.
10.1.4 It is the responsibility of employees to make application to the Insurance Company prior to the expiry of the Company’s six (6) month sick leave provisions. An employee who is not accepted on LTD or whose benefits are terminated will be placed on leave without pay pending successful application, appeal or final determination of their claim. Employees placed in this situation shall be entitled to the assistance of a representative and it is understood that the Company shall provide assistance in respect of the employee’s claim. An employee who fails to apply for LTD or who has failed to meet the eligibility requirements following final review will have their relationship with the employer reviewed.
10.1.5 An employee on Long Term Disability as a result of a work related illness or injury will, upon recovery from the disability be entitled to return to work at any time up to two (2) years of the injury to their pre disability job. Six months STD benefits will be reinstated for employees who return to work except for a recurrence of the same or related injury or illness within the first year of the employee’s return.
10.2 Leave for Employees with Child Care Responsibilities - Every employee is entitled to and shall be granted a leave of absence as follows:
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1) Where an employee provides the Company with a certificate of a qualified medical practitioner certifying that she is pregnant, that employee is entitled to, and shall be granted a leave of absence from employment of up to seventeen (17) weeks, which may commence not earlier than eleven (11) weeks prior to the estimated date of her confinement and end not later than seventeen (17) weeks following the actual day of confinement.
2) Where an employee has or will have the actual care and custody of a newborn child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty-seven (37) weeks commencing, as the employee elects,
i. in the case of a female employee,
a) on the expiration of any leave of absence from employment taken by her under paragraph (1) above.
b) on the day the child is born, or
c) on the day the child comes into her actual care and custody.
ii. in the case of a male employee,
a) on the expiration of any leave of absence from employment taken in respect of the child by a female employee under paragraph (1) above,
b) on the expiration of any leave of absence from employment taken in respect of the child by a female employee who is entitled to such leave on account of her pregnancy under the laws of a province,
c) on the day the child is born, or
d) on the day the child comes into his actual care and custody.
Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an Order under the laws of a province for the adoption of a child, that employee is entitled to and shall be granted a leave of absence from employment of up to thirty-seven (37) weeks commencing on the day the child comes into the employee’s care.
3) Where both parents work in a business governed by the Canada Labour Code (federal jurisdiction), the thirty-seven (37) weeks may be shared but the aggregate total is not to exceed thirty-seven (37) weeks.
The aggregate amount of leave that may be taken by one or two employees under Article 10.2 in respect of the same birth shall not exceed fifty-two weeks.
4) An employee must give four (4) weeks’ notice in writing of their intention to take such leave unless there is a valid reason why such notice cannot be given. Notice must also include the length of leave intended to be taken.
If the length of leave is to be changed, after the original notice or while on leave, four (4) weeks’ notice in writing is required except where valid reasons exist. |
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10.2.1 Parental Leave with Pay -
a) Illness directly attributable to pregnancy shall entitle an employee to sick leave provided for in Article 10.1.
b) Where an employee provides the Company with a certificate of a qualified medical practitioner certifying that she is pregnant, or a letter from a social worker certifying that she is adopting a child, that employee shall be entitled to a total of two (2) weeks of pre-natal/adoption leave upon the commencement of her leave. Additionally, she shall receive six (6) weeks post natal/adoption leave with full salary, payable over six (6) pay periods (12 weeks), upon return to work on a regular full-time basis.
c) Notwithstanding Article 10.2, any male employee shall be entitled to a maximum of three (3) days leave with pay on the occasion of the birth of his child. Such leave need not be taken consecutively unless so requested by the employee.
10.2.2 The taking of leave is not mandatory. The Company may not require a pregnant employee to take leave unless the employee is unable to perform an essential function in her position and there is no appropriate alternative job available. The burden of proof respecting inability to perform an essential function rests with the Company. If the inability test is met then the forced leave is only for such time as the inability to perform the essential function continues.
10.2.3 Employees who intend to take leave may request in writing to be informed of any employment, promotional or training opportunities which may arise during the leave and for which the employee is qualified. The Company must provide such notices in writing.
10.2.4
a) The employee upon return to work at the conclusion of such child care leave will be reinstated in her former classification. If she fails to return, she may at the Company’s discretion be terminated from the staff at the conclusion of the period for which the leave of absence was granted.
b) If wages and benefits are changed as part of a plan to re-organize the Company’s establishment, including Collective Agreement revisions, the employee is entitled on being reinstated, to receive wages and benefits as if the employee had been working during the re-organization.
When such re-organization takes place which will result in a change in wages and benefits, the Company must notify the employee in writing as soon as possible.
10.2.5
a) Seniority will continue to accrue without interruption during Child Care leave, except that vacation credits shall not accrue during such leave. The Company shall pay 100% of the benefit plans contained in Article 10.3 during Child Care leave.
b) The pension plan shall remain in force and accumulate during Child Care leave. Any normal contribution required of the employee shall continue to be the responsibility of the employee and payment is required within a reasonable period of time.
c) Where an employee fails to pay the required contributions by the time the employee returns to work, the duration of the leave will not count as service with the Company when calculation of benefits is made.
10.2.6 The Company shall not dismiss, suspend, layoff, demote or discipline an employee because an employee is pregnant or has applied for leave under Article 10.2. Pregnancy or intention to take leave is not to be taken into account in any decision to promote or train the employee.
10.3 Medical and Group Insurance - The Company shall pay one hundred percent (100%) of the total premium of the following during the term of this Agreement:
Extended Health Care
Group Life Insurance
Accidental Death and Dismemberment
Occupational Accidental Death & Dismemberment
In the event that, in the future, the Company is required to re-enter the Workplace Safety and Insurance Board program, the Company has the option of terminating the provisions relating to the said supplemental Occupational Accidental Death & Dismemberment policy.
For the duration of this Agreement the Company will continue to make the Long Term Disability Plan available to the employees, the cost of which shall be borne by the employee. Insurance or benefit plans in effect on or before April 5, 1989, will not be altered without prior approval of the Union if the changes would result in any less favourable benefit. It is understood that any adjustment in shared premiums would continue to be shared by the employee and the Company on a 50-50 basis.
The Company shall pay fifty percent (50%) of the total cost of the premium required to include “Eye Care” in the Extended Health Care. This benefit shall contain a limitation with respect to reimbursement for contact lenses and further that eyeglass frames will be subject to a maximum reimbursement of one hundred dollars ($100.00) for each twenty-four (24) month period.
The Company shall pay fifty percent (50%) of the total cost of the Dental Plan. The parties agree that no premium increase will be implemented without prior discussion between the parties and the Plan will remain in force during the term of this Agreement.
• Deductible is Nil
• Co-insurance factor is 80% routine, 80% major and 50% orthodontics
• Eligible expenses include routine treatment, minor restorative, perio/endodontics, denture relines and repairs, prosthodontics, major and orthodontic services.
• Preventive recall exam for adults is limited to one every 9 months.
For dependent children under 19, it is limited to once every 6 months
Calendar maximum is:
First year - $ 500
Second year - $ 750
Thereafter - $1500
Provincial Fee Guide - current
Coverage terminates at age 70 or retirement
Orthotic Inserts: Effective April 1, 2009
- reimbursement of Orthotic Inserts to $400.00 every 48 months.
Part-time Benefits: Effective January 1, 2010
Part time employees who accumulate 1248 hours of work in any calendar year shall be eligible for enrolment in the Company’s Health Benefit Plans as of January 1st of the next calendar year as follows:
1. Basic Life Insurance of $40,000
2. Basic AD&D $40,000
3. Health - same benefits as full-time which can be waived if covered by spousal benefit plan.
4. Dental - same benefits as full-time which can be waived if covered by spousal benefit plan.
5. Vision Care - same benefits as full-time which can be waived if covered by spousal benefit plan.
Part-time employees must re-qualify for enrolment eligibility each year based on 1248 hours working in the previous calendar year.
All benefit premiums shall be shared 50/50 between the Company and the Part-time employee.
10.3.1 Premium Waiver During Disability - If an employee becomes disabled, and for as long as the disability continues, the Company agrees that the benefits and terms of Articles 10.3 and 10.4 shall continue, at no cost to the employee, until what would have been the employee’s normal retirement age had the employment continued.
10.3.2 During the term of this Agreement the above Plans shall not be modified in any manner that would provide benefits less favourable than those in the current Plans.
10.4 Pension Plan - The Pension Plan in existence at the signing of this Agreement shall apply during the term of this Agreement, subject to the terms and/or conditions of applicable Provincial and/or Federal legislation, and subject to the introduction of a new or modified Pension Plan. However, no new or modified Pension Plan will diminish any benefits now provided to employees on full-time staff as of the date of the introduction of the new or modified Plan, including the entitlement of those now on staff, but have not yet elected to join, to do so.
10.4.1
a) Upon request the Union shall be provided with actuarial reports and also any annual information returns required by the Pensions Benefits Standards Act.
b) The Company agrees to provide each employee with a comprehensive annual statement.
10.5 Special Leave - Compassionate leave with pay shall be granted when an employee is required to be absent due to a death in the employee’s immediate family, in accordance with the following:
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Five (5) days:
Three (3) days:
One (1) day: |
mother, father, spouse (includes common-law relationships of one (1) or more years), child
legal guardian, brother, sister, mother-in-law, father-in-law, grandparent, grandchild, any relative permanently residing in the employee’s residence or with whom the employee resides;
brother-in-law, sister-in-law, grandparent-in-law, aunt, uncle. |
Such leave will be for the number of scheduled working days as outlined above which fall within the period immediately following the day on which the death occurred. Where the funeral service does not occur within specified days immediately following the relation’s death the employee may use one day out of the specified days to attend the funeral.
Entitlement shall not apply when an employee is on a leave of absence or on sick leave.
Where the funeral occurs outside a two hundred and forty (240) kilometer distance from Ottawa such leave shall also include reasonable travel time up to an additional two (2) days with pay as required.
10.5.1 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, to accompany a child or spouse to a medical appointment, to make alternate arrangements when caregivers are sick and, other family emergencies.
Employees shall be entitled to such leave with pay for up to three (3) days per calendar year; new employees shall be entitled to such leave on a pro-rata basis, i.e., one (1) day for each four (4) months of service during the first calendar year of employment.
10.5.2 The Company will grant sufficient time to an employee for medical, dental and eye appointments where reasonable notice is given.
10.5.3 In the event that an employee desires leave without pay, the individual shall apply in writing to the Company stating the reason for such leave. Granting of leave without pay is at the discretion of the Company. Employees on leave without pay may be subject to dismissal if they accept employment from any source, except as provided in Article 4.5. (Such dismissals may be subject to the grievance procedure.)
No employee shall suffer loss of seniority as a result of such leave. During such unpaid leave the employee may prepay certain benefits for up to ninety (90) days in accordance with the Company’s benefit plans.
10.5.4 Employees seeking guidelines on reimbursement for Industry Related Education Courses are directed to obtain a copy of the Company policy with respect to education leave and tuition fees.
10.6 Jury Duty - Employees called to serve on juries or to obey a subpoena to appear as a witness in a matter in which they do not have a personal interest (i.e., personal financial gain or loss), shall be granted a leave of absence and shall receive their regular salaries during such periods, less the fees they received in payment for such service, excluding reasonable documented expenses, provided the employee returns to work if released from jury duty prior to 12:00 noon. Employees shall not be scheduled to work evenings, nights or weekends while acting in this capacity. All penalties, per diems and allowances shall not apply for such leave of absence.
10.7 O & P - Existing Benefits - The Company recognizes that as of April 11, 1980, employees in the bargaining unit enjoyed certain benefits and privileges not referred to herein and the Company agrees not to alter or change the practices in such manner as to discriminate against employees in the bargaining unit.
10.7 T & E - Existing Benefits - The Company recognizes that as of January 1, 1968 employees in the Technical and Operations Unit; as of January 1, 1969 employees in the Stagehand Bargaining Unit; and as of March 5, 1971 employees in the Film and Studio Supervisor Unit; enjoyed certain benefits and privileges not referred to herein and the Company agrees not to alter or change these practices in such manner as to discriminate against employees in the bargaining unit.
ARTICLE 11
Transportation and Travel Expenses
11.1 Travel Expenses - The Company agrees to reimburse each employee for all authorized and/or approved expenses and for parking fees and other justifiable miscellaneous expenses in connection with their assignments upon presentation of receipts where feasible, and upon approval of the Supervisor.
11.1.1 If an employee is authorized to use their own automobile for transportation in connection with their duties, the employee shall be reimbursed at the following rates based on the price of regular unleaded gas:
Up to 60 cents per litre - 30 cents per km
Up to 70 cents per litre - 35 cents per km
Up to 80 cents per litre - 40 cents per km
Up to 90 cents per litre - 45 cents per km
Up to $1.00 per litre - 50 cents per km
Up to $1.10 per litre - 55 cents per km
Up to $1.20 per litre - 60 cents per km
Up to $1.30 per litre - 65 cents per km
With this formula to be extended as necessitated by gas prices.
11.1.2 When an employee on Company business is involved in an accident resulting in damage to a personal vehicle and the amount of damage cannot be recovered from any other person or persons, the Company agrees to reimburse the employee for the deductible amount under the employee’s car insurance plan to a maximum of five hundred dollars ($500.00).
11.1.3 It is expressly agreed that the use of an employee’s car in executing the business of the Company is not compulsory, and an individual may at their discretion decline to do so.
11.2 Definition of Location and Location Expenses For the purposes of this Agreement, the following definition of “location” shall apply:
a) “Local” location is considered to be any point within a twenty-five (25) mile (40 km) radius of 1500 Merivale Road;
b) “Out-of-town” location shall be any point beyond the limits defined as “local” location.
11.2.1 Per Diems - Employees on “out-of-town” assignments which involve overnight accommodation shall receive a per diem allowance of sixty-three dollars ($63.00) to cover the cost of meals and miscellaneous expenses for each completed twenty-four (24) hour period, or three dollars, fifty cents ($3.50) per hour when absences involve fractions of a day. When exceptional conditions require higher per diems or meal allowances than those contained herein, the Company may provide an additional amount based on conditions at the location concerned.
Employees on “out-of-town” assignments who do not receive a per diem allowance in accordance with the above shall receive a meal allowance for each meal (ref. Articles 15.2 - 15.8) to which they are entitled in the following manner:
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Breakfast Lunch Dinner Subsequent |
$11.00 $16.00 $27.00 $9.00
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11.2.2 Employees shall not be required to travel “out-of-town” on assignments which require overnight accommodation as a condition of employment and employees shall not be penalized for such refusal. Employees on “out-of-town” assignments who require overnight accommodation shall receive single occupancy first class accommodation at Company expense.
11.2.3 An advance to cover the estimated meal costs will be given employees before departure.
11.2.4 The allowances mentioned in Article 11.2.1 shall be in addition to the following allowable expenses:
a) The cost of transportation, including chair or parlour car seat, and, when applicable, automobile mileage allowances;
b) The cost of taxis and limousine service between residence and the airport, bus station or train station when departing or arriving back from an assignment. The cost of transportation when not supplied from the hotel to the work site and back. All travel arrangements will be made by the Company unless employees are expressly instructed to make their own arrangements. On those occasions where an employee reports to CJOH prior to departing on a remote assignment involving overnight accommodation, taxi fare to a maximum thirty-five dollars ($35.00) (where possible pooling of taxis is to be utilized);
c) The cost of vehicles for the transport of equipment;
d) The cost of extra assistance in handling equipment;
e) The cost of long distance telephone calls required for Company business and the cost of a five (5) minute call home on the first day and every three (3) days thereafter on out-of-town remotes.
11.2.5 It is agreed that an application for an advance to cover travelling and location expenses will be made as far in advance as possible of an employee’s departure time, and that an accounting of any such expenditures with receipts, will be submitted for approval within five (5) working days of an employee’s return to home base.
11.2.6 A properly secured seat shall be installed within the mobile unit to accommodate a second member of the remote crew accompanying the driver on “out-of-town” locations.
11.2.7 An employee has the right to refuse to drive a vehicle under the control of the Company. Such right of refusal shall not apply to employees assigned to a position whose primary or secondary duties include driving (e.g., transportation, ENG Camera, etc.).
11.3 Travelling Conditions - For pay purposes, employees engaged only in travelling shall be credited with all time consumed when travelling on an assignment of the Company except as provided in Article 11.4. Such time will be computed:
a) From the scheduled time of the carrier’s departure, when the employee leaves from home for travel by common carrier.
b) From the assigned hour of departure from home when the employee travels by automobile direct to the assignment.
c) From the time of departure from the normal place of employment when the employee reports there before proceeding to travel.
d) From the assigned hour of departure from lodging when an employee is using overnight accommodation.
11.3.1 Time credited for the return journey under the above conditions will be computed in the same manner.
11.3.2 The Company agrees to maintain adequate liability insurance on all vehicles owned or rented by the Company which it requests any employee to drive.
11.3.3 When an employee is required to work at a studio or remote location other than the normal place of employment, the individual shall be credited with all time consumed in transit between such normal place of employment and any other studio or remote location and return.
11.3.4 The Company agrees that adequate safety barriers will be employed between employees and baggage/equipment when travelling.
11.4 Travelling - Waiver of Time Credits - When travelling is on a common carrier between 0800 hours and 0001 hours, local time, full-time shall be credited up to and only for the first eight (8) hours of travel.
Notwithstanding the above, if no work is performed on the day in question and/or travel time is eight (8) hours or less, the waiver of time travel credits shall apply between 0600 hours and 2400 hours, local time, when travel by common carrier.
ARTICLE 12
Holidays and Annual Vacation
12.1 Holidays and Holiday Pay - The following shall be paid holidays:
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New Year’s Day Family Day Good Friday Victoria Day Canada Day |
Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day |
In addition to the holidays listed above for employees with more than one year of seniority, two (2) additional holidays will be available at a time which is mutually convenient to the employee and the Company within the calendar year. Should the Federal Government declare an additional statutory holiday, the declared holiday shall replace one of the additional holidays contained herein.
12.1.1 If any of the above days fall 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.
12.1.2 If a holiday falls on a scheduled work day and the employee is not required to work, the employee shall receive the normal basic pay for such day (eight or seven and one-half {8 or 7½}) hours at straight time rate.
Part-time Payment - A part-time employee is entitled to and shall receive 1/20 of the gross wages earned during the previous thirty (30) calendar days as payment for a legal holiday on which the individual does not work.
12.1.3 If the holiday falls on a scheduled work day and the employee is required to work, the employee shall receive one and one-half (1½) times the basic rate for all hours worked with a minimum credit of eight or seven and one-half (8 or 7½) hours. Additionally, the employee shall be paid eight or seven and one-half (8 or 7½) hours at the basic rate of pay. Overtime and Unexpected Overtime shall be paid in accordance with Articles 14.6 and 14.6.1.
12.1.4 If the holiday falls on a scheduled day off the employee shall receive either one and one-half (1½) additional days pay for that week or one extra day off if scheduled in conjunction with the days off for that week; e.g., Friday or Monday days off are Saturday and Sunday.
12.1.5 If the holiday falls on a scheduled day off and the employee is required to work, the employee shall receive two (2) times the basic rate for all hours worked with a minimum credit of eight or seven and one-half (8 or 7½) hours at the basic rate of pay. Additionally, the employee shall be paid eight or seven and one-half (8 or 7½) hours at the basic rate of pay. Overtime and Unexpected Overtime shall be paid in accordance with Articles 14.6 and 14.6.1. 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 the election of the option shall result in a reduction of eight or seven and one-half (8 or 7½) hours times the basic rate only from the holiday payment earned in accordance with the above.
12.1.6 T & E - Days off may only be scheduled on a statutory holiday for personnel on regularly rotating shift patterns.
12.1.7 T & E - The Company will endeavor to schedule employees in such a manner as to maximize the number of days off in conjunction with paid holidays.
12.1.8 The Company shall endeavor to make a “best effort” to schedule employees working on the weekend of a Statutory Holiday to work on the Statutory Holiday itself, if work is required.
12.2 O & P - Schedule of Christmas and New Year’s Holidays - N.B. This Article shall apply only to those employees who in the past have followed the practice of requesting days off over the holiday season.
Before November 1st of each year, the employee will advise the Company of a personal preference of days off to be scheduled over the Christmas and New Year’s holidays. Each employee shall be scheduled off on either Christmas Day or New Year’s Day. The employee’s choice of days off shall be granted on the basis of Company seniority within the job classification. Every effort shall be made to release an employee by 1800 hours on the eve of the holiday so scheduled off. In the event an employee has requested a minimum of five (5) annual leave days, and such leave had been approved by July 1st, such leave shall take precedence over this Article.
12.2.1 T & E - Schedule of Christmas and New Year’s Holidays - Before November 1st of each year, the employee will advise the Company of a personal preference of days off to be scheduled over the Christmas and New Year’s holidays. Each employee shall be scheduled off on either Christmas Day or New Year’s Day. The employee’s choice of days off shall be granted on the basis of Company seniority within the job classification. Every effort shall be made to release an employee by 1800 hours on the eve of the holiday so scheduled off. In the event an employee has requested a minimum of five (5) annual leave days and such leave had been approved by July 1st, such leave shall take precedence over this Article.
12.2.2 These Christmas and New Year’s holiday schedules shall be posted not later that the 15th of November.
12.3 Vacation and Annual Leave - Leave with pay for vacation for employees shall be granted at the rate of one and one-quarter (1.25) days for each calendar month of employment.
12.3.1 When an employee has completed six (6) consecutive years of service or more, the individual shall be granted leave with pay for vacation at the rate of 1.666 days for each calendar month worked (i.e., 20 working days).
12.3.2 When an employee has completed fourteen (14) consecutive years or more, they shall be granted leave with pay for vacation at the rate of 1.833 days for each calendar month (i.e., 22 working days).
12.3.3 When an employee has completed nineteen (19) consecutive years or more of service, they shall be granted leave with pay for vacation at the rate of 2.083 days for each calendar month worked (i.e., 25 working days).
12.3.4 When an employee has completed twenty-eight (28) consecutive years or more of service, they shall be granted leave with pay for vacation at the rate of 2.5 days for each calendar month worked (i.e., 30 working days).
12.4 Scheduling of Annual Leave - Every employee shall be entitled to have the vacation period scheduled consecutively unless requested otherwise by the employee and approved by the Company. The Company will continue to try to accommodate requests for consecutive vacation leave wherever possible.
12.4.1 In the event that a statutory holiday occurs during an employee’s vacation, one (1) additional day for each such holiday shall be added to the vacation credits.
12.4.2 An employee will be entitled to end the vacation in conjunction with the days off and every effort will be made to begin the vacation with days off.
12.4.3 Vacation periods shall be scheduled between May 15th and October 15th, and preference shall be given employees on the basis of Company seniority within the job classification. In order to ensure that as many employees as possible enjoy vacation periods of their choice, it is agreed that where employees seek to split their vacation entitlement into more than one time period, all employees shall be afforded their right of preference for their first time period (of up to three [3] consecutive weeks) before seniority preference is given to an employee's choice for a second or subsequent period.
The employee's application shall be submitted in writing, on a form prescribed by the Company, by April 15th. Vacation schedules shall be posted by May 1st of each year. Conflicts in vacation preference shall be identified as soon as possible to the employees concerned so that accommodations can be made.
Vacations may be granted outside the vacation period when requested by the employee and approved by the Company. Applications outside of the vacation period will not be unreasonably denied. Such requests will also be given preference based on Company seniority within the job classification as described above. An employee's application for vacation leave between October 15th and May 1st shall be submitted in writing, on a form prescribed by the Company, by September 1st and such schedules shall be posted by October 1st of each year.
12.4.4 It is noted that while preference for vacation is based on Company seniority within job classification, requests of five (5) days or more take preference over requests for less than five (5) days. It is also agreed that each department will post a list identifying the number of employees in each job classification who will be permitted to take annual leave at any one time.
12.4.5 The Company will, by February 1st, post a list of unused vacation credits earned prior to July 1st of the previous year.
12.4.6 Such vacation credits not used by the employee (“unused vacation credits”) may be scheduled by the Company.
Employees are encouraged to assist with the scheduling of unused vacation credits by submitting a vacation plan on or before April 1st. The scheduling of current vacation credits, Article 12.4.3, will not be displaced as a result of the scheduling of unused vacation credits.
12.4.7 It is agreed that full-time employees cannot cancel approved annual leave requests when a part-time employee has already accepted work for the annual leave period in question.
12.4.8 In the event an employee is unable to take a requested vacation leave for reasons other than the seniority clause, and through no fault of their own, they will carry over these unused vacation credits to the following vacation leave and the Company will ensure that these vacation credits will be granted in the time period outlined in Article 12.4.3.
12.4.9 Should an employee be hospitalized or is bedridden while on Annual Leave days spent in hospital or confined to bed shall be considered sick leave and shall not be deducted from the employee’s Annual Leave credits. The employee, at their own expense, shall submit suitable medical evidence to confirm illness or injury in accordance with this Article.
12.4.10 In special circumstances and with the approval of the Company, employees may submit a request in writing to the Company to waive their vacation period and allow their vacation credits to accumulate from year to year.
12.5 Vacation Pay on Termination - Upon termination of employment an employee (or the estate in the case of death), shall receive accrued vacation pay for each completed calendar month of employment since the previous June 30th, plus pay for any vacation period previously earned but not taken.
12.6 Work During Vacation - In the event an employee agrees to work on a day of vacation the individual will be compensated at three (3) times the basic rate (which amounts includes the vacation pay for that day) for all hours worked with a minimum credit of eight (8) hours. They will be paid reasonable travelling expenses to and from the place of employment. For the purposes of this Article it is understood that a “vacation day” shall include any days off which fall within the vacation period but shall not include any days off immediately before or after the vacation period if such days off apply to a different week than that of the vacation. A vacation week shall mean five (5) vacation credit days plus two (2) days off, therefore, it is understood that not more than two (2) days off per week shall be considered “vacation days” as defined above. In the event an employee taking one (1) week or less vacation has two (2) days off at the beginning and end of the vacation, the two (2) days off at the end shall be considered the “vacation days”. Any “scheduled days off” that are to be considered “vacation days” must be scheduled adjacent to a vacation day(s).
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RECAP |
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Example #1
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Sat |
Sun |
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work |
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d/o |
d/o |
vac |
vac |
vac |
vac |
vac |
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vac |
vac |
vac |
vac |
vac |
d/o |
d/o |
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work |
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Example #2
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Thurs |
Fri |
Sat |
Sun |
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work |
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vac |
vac |
vac |
vac |
vac |
d/o |
d/o |
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Example #3
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Mon |
Tues |
Wed |
Thurs |
Fri |
Sat |
Sun |
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work |
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vac |
vac |
vac |
d/o |
d/o |
work |
work |
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Example #4
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Mon |
Tues |
Wed |
Thurs |
Fri |
Sat |
Sun |
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work |
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vac |
vac |
work |
work |
work |
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Those days off which are struck through (d/o) in the examples above are
those which would not be defined as “vacation days” as described above.
ARTICLE 13
General Matters
13.1 Combined Job Function - The Company recognizes that the Collective Agreement contains a list of “job classifications”.
The Company agrees that it will not combine any one job classification with another job classification. The intent is that no employee shall be required to perform in more than one job classification on any one production. Except:
(a) it is agreed and understood that an employee may be assigned elements of another job function, where it does not represent a “speedup”[1] of the employee’s current assignments or where it is necessary to provide gainful full-time employment to an employee concerned.
(b) where due to changes in methods of operation the Company requires employees to perform more than one classification consecutively or to perform more than one job function simultaneously the Company agrees that the Union shall have the right to review the contents of the modified job and to negotiate appropriate remuneration for that position.
It is the Company’s responsibility to ensure that such activity will not compromise an employee’s primary duties. Such an assignment will not be made when there is an employee in the other classification on duty and available.
13.1.1 The above does not apply to relief periods of fifteen (15) minutes or less.
13.2 Air Credits - The Company agrees to include full technical credits in sustaining (local) television shows as follows:
i) full technical credits for each Friday for a daily series (e.g., News);
ii) full technical credits for individual weekly shows (e.g., Regional).
Shows produced for client contractors (CTV, CBC, etc.) must adhere to technical credit policy of client producer.
13.2.1 T & E - Every audio/video tape recording produced or reproduced for or by the Company shall have the CEP seal exhibited in the following places:
a) Tape Billboard
b) All tape containers
ARTICLE 14
Hours and Scheduling of Work
14.1 For the following classifications the work week shall be thirty-seven point five (37.5) hours per week and seven point five (7.5) hours per day and shall obtain and commence at 0001 hours Monday. The hours of work for each tour of duty shall be exclusive of the first meal period, but inclusive of all other meal periods and break periods.
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Secretary File Clerk VTR Librarian Switchboard/Receptionist Electronic Graphic Artist Office Clerk |
Traffic Commercial Production/Creative Services Promotion /Creative Services Accounting Programming Office Coordinator |
14.1.1 For all other classifications the work week shall be forty (40) hours per week and eight (8) hours per day and shall obtain and commence at 0001 hours Monday. The hours of work for each tour of duty shall be exclusive of the first meal period but inclusive of all other meal and break periods.
14.1.2 It is understood and agreed that wherever in the Collective Agreement the reference to forty (40) hours per week or eight (8) hours per day, shall be changed to thirty-seven and one-half (37½) hours per week or seven and one-half (7½) hours per day for all employees in the functional groups identified in Article 14.1.1.
14.1.3 The five (5) days in any work week need not necessarily be consecutive; they may be separated by the two (2) consecutive days off.
14.2 Days Off - Days Off - There shall be two (2) consecutive days off in each work week. The Company shall make every effort to schedule days off on weekends for full-time employees as frequently as possible but in no event shall a full-time employee be required to work more than three (3) weekends in every ten (10) weekends without their consent.
14.2.1 Two (2) scheduled days off shall be defined as forty-eight (48) hours plus the turnaround period of twelve (12) hours for a total of sixty (60) hours. Three (3) and four (4) scheduled days off in separate work weeks shall be defined respectively as seventy-two (72) hours plus the turnaround period and ninety-six (96) hours plus the turnaround period. When the two (2) scheduled days off are separated as provided in Article 14.2.3 there shall be eighty-four (84) hours between the end of the last tour and before the beginning of the next tour, following such days off.
14.2.2 A day off in lieu is defined as twenty-four (24) hours plus the turnaround period and shall be scheduled at a mutually agreeable time.
14.2.3 Two (2) scheduled days off may be separated by a holiday only when no work is scheduled on that holiday.
14.3 Tour of Duty - A tour of duty or tour shall mean the authorized and/or approved time worked by an employee during a day, with a minimum credit of eight or seven and one-half (8 or 7½) hours (ref: Article 14.1.1), calculated to the last quarter (1/4) hour in which work was performed; provided that if it extends beyond 0001 hours, it shall be considered as falling wholly within the calendar day in which it starts. Included in this tour shall be sufficient time for set up, tear out and clean up.
14.3.1 There shall be no assignment of split shifts and all hours scheduled and/or assigned with respect to any day shall be continuous hours except as outlined in Article 14.9 (call-back).
14.4 Posting of Schedules - Each employee’s schedule for every week shall be posted as early as possible. It is the intent of this Article to ensure that each employee is advised of their work schedule at the earliest possible time. To this end the Company agrees to post the schedules not later than 1300 hours Friday, three (3) weeks prior to the week scheduled. The schedule shall state clearly daily starting time, finishing time, meal periods and days off.
14.4.1 All changes of meal periods shall be posted by 1300 hours of the previous working day.
14.4.2 Except as may be agreed by the parties, no full-time employee shall be scheduled to work more than eight (8) consecutive tours of duty without being scheduled at least two consecutive days off.
14.4.3 An employee will be assigned no less than five (5) day shifts in any four (4) week period. (A day shift is defined as any tour with a stop time between 1300 hours and 1800 hours except for Satellite Microwave Technicians whose stop time may be between 1300 hours and 1930 hours).
14.4.4 After this posting, (ref: Article 14.4) there shall be no reduction in the number of hours scheduled for any day in the week without notice being given by 1300 hours of the last working day prior to the day in question.
14.4.5 It is the employee’s responsibility to check their schedule at the end of each working day.
14.4.6 After 1300 hours Friday, two (2) weeks prior, an employee’s days off may not be changed without prior notification. However, after 1300 hours Monday of the week prior, an employee’s day off may not be changed without their consent.
14.4.7 Notwithstanding the provisions of Article 14.4.6 an employee’s days off may be changed up to 5:00 p.m. of the day prior without their consent when unscheduled outside production is received after the original posting of the schedule.
14.5 Change of Schedule - Notice of changes in schedules shall be given as much in advance as possible, but not later than 1300 hours, one (1) working day prior to the day of the change. However, the starting time of a tour of duty may be advanced by as much as three (3) hours, or retarded by as much as two (2) hours from the previously scheduled starting time, provided notice is given by 1300 hours of the day prior to the change. If such notice is not given, the employee shall be credited with all hours originally scheduled plus any additional hours.
14.5.1 If the time limits in Article 14.5 have not been adhered to, the revised tour of duty shall become the employee’s regular tour of duty and all credited hours scheduled and not worked shall be paid at the base rate to be computed separately from the work week provided:
a) the employee is notified by 1800 hours the day prior to the day of the change, or,
b) the change of start time is necessitated by sickness and provided the employee is notified of the change one-half (1/2) hour prior to the originally scheduled start time.
14.5.2 The posting of the weekly schedules and any changes thereto, shall be considered to be notification to the employee, except that:
a) If the employee is off duty or on a remote assignment, the Company will notify the employee directly. Such notice shall only be considered given as of the time it is communicated to the employee personally, or is conveyed to a responsible person at the employee’s residence or place of work in such a manner as to be reasonably certain of being communicated to the employee within the time limits;
b) When a change in schedules is made within a two (2) hour time period prior to the 1300 hour limitation, the Company shall notify the employee personally as provided in a) above, including those employees working on the premises at the time of the change.
14.5.3 Prior to going on leave of five (5) days or more, an employee shall be given a written pre-arranged time to report back. This time, however, may be rescheduled later but not earlier than the pre-arranged time and must comply with Article 14.5. The Company must make a reasonable effort to notify the employee of such change. The Company shall be considered to have made a reasonable effort when a letter of notification has been mailed to the employee’s normal mailing address designed to arrive within the time limits prescribed.
14.5.4 It is the responsibility of employees to report to the supervisor in charge of scheduling, advising when they will be available for duty following absence due to illness or physical injury. It is the Company’s responsibility to then or subsequently inform the employees of any change in their schedule.
14.6 Overtime - Employees shall have the right to refuse work in excess of sixteen (16) hours in any day. If all qualified employees in the job classification refuse to work, the Company may assign the work to any qualified employee within the bargaining unit, in inverse order of Company seniority. No employee in exercising the foregoing right of refusal will be penalized for refusing to work such overtime.
a) All time worked or credited in excess of eight or seven and one-half (8 or 7½) hours (Ref: Art. 14.1 and 14.1.1) in any one day shall be paid at an additional one-half (½) times the basic rate of the employee for all hours, however, this amount shall increase by a further additional one-half (½) times the basic rate every four (4) hours thereafter, to a maximum of one and one-half (1½) times the basic rate. This shall be exclusive of all other payments, premiums and penalties except as otherwise stated. Employees who having completed the basic tour of duty (8 or 7½ hours) are released from duty for the rest of the day, shall be paid their basic rate for hours credited, but not worked in minimum one (1) hour blocks, exclusive of all other penalties or payments.
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RECAP |
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Hours Worked/ Credited |
Regular Day |
Article 14.7(a) 1st DO |
Article 14.7(b) 2nd DO |
Article 12.1.2 LH |
Article 12.1.5 LH & DO |
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0 - 8
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basic |
1.5 x basic |
2 x basic |
1.5 x basic plus |
2 x basic plus 1 x |
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Or 0 - 7.5 |
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(min 4 hrs.) |
basic for 8/7.5 hrs. |
(see opt) |
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8 - 12 or 7.5-11.5 |
1.5 x basic |
2 x basic |
2.5 x basic |
2 x basic |
2.5 x basic |
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12 - 16 or 11.5-15.5 |
2 x basic |
2.5 x basic |
3 x basic |
2.5 x basic |
3 x basic |
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16/15.5 & over |
2.5 x basic |
3 x basic |
3.5 x basic |
3 x basic |
3.5 x basic |
NOTE: The RECAP does not illustrate the application of Unexpected Overtime.
14.6.1 Unexpected Overtime is defined as:
a) those hours added to the start of any work day, including meal and break periods, when an employee is advised later than 1300 hours of the employee’s last working day prior to the day involved;
b) those hours added to the end of any work day, including meal and break periods, when an employee is advised later than 1300 hours of the employee’s last working day prior to the day involved;
c) those hours assigned on any day off, including meal and break periods, when the employee is advised later than 1500 hours of the employee’s last working day prior to the day involved.
Unexpected Overtime shall be paid at one-half (½) times the basic rate of the employee, in addition to any other penalties or payments, for all such time worked in accordance with the following:
(i) when total unexpected overtime is in excess of two (2) hours then payment shall be for all unexpected hours;
ii) when total unexpected overtime is two (2) hours or less then no payment shall be made under the clause.
Such payments shall not be made if unexpected overtime is caused by the following:
iii) on the first day of absence of another employee who reported sick;
iv) if an employee calls in sick on a daily basis;
v) an employee calls in sick after 1300 hours for the first two days;
vi) for a change of start time of two (2) hours or less; provided the employee is not required to work more than eight/seven and one-half (8/7½) hours;
vii) if notice is given of a change of start time before 1300 hours prior to four (4) or more days off;
viii) when an employee is released in order to cope with some unforeseen contingency or emergency in the immediate family;
ix) Catastrophic events of major political, economic or social importance of which the Company had not or could not be expected to have prior knowledge (i.e., death of a prominent politician, a disaster or a sudden national or world crisis). This exemption shall only apply during the first tour of duty affected by an unexpected event.
14.6.2 Payment for overtime worked or credited shall be made not later than fifteen (15) days after the pay period in which such overtime work occurred.
14.6.3 A breakdown of overtime hours and penalties shall be shown on pay stubs.
14.6.4 All overtime must be scheduled or approved by a representative of Management or designee.
14.6.5 An employee’s time sheet shall not be altered without notification to the individual when such change results in a reduction of the employee’s claim. In the event the employee is off duty or on remote locations, these changes shall be made and the employee advised immediately upon returning to duty. A copy of the revised time sheet will be given to the employee.
14.7 Work on a Scheduled Day Off - When an employee works on a scheduled day off, work performed on that day shall be compensated as follows:
a) When an employee works on a day off, they shall be compensated at the overtime rate, with a minimum credit of four (4) hours if they work four (4) hours or less; or a minimum credit of eight or seven and one-half (8 or 7½) hours if they work more than four (4) hours;
b) When an employee who has worked on a day off agrees to work on the second or subsequent scheduled day off, work performed on that day shall be compensated at two (2) times the basic rate with a minimum credit of eight or seven and one-half (8 or 7½) hours;
c) Overtime and Unexpected Overtime shall be paid in accordance with Articles 14.6 and 14.6.1.
14.7.1 An employee may refuse to work on a scheduled day off, however, if all qualified employees in that job classification refuse to work, the Company may assign the work to any qualified employee in the inverse order of Company seniority. No employee will be penalized for refusing to work on a scheduled day off.
14.7.2 Notice of cancellation of assigned work on a scheduled day off or on a holiday shall be given no later than 1300 hours of the previous working day. If such notice is not given the employee shall receive four (4) hours times the basic rate, computed separately from the work week. If notice is not given prior to one (1) hour of the commencement of the tour, the employee will be paid eight or seven and one-half (8 or 7½) hours at basic pay.
14.7.3 Day Off Out-of-Town - An employee on an out-of-town assignment (except education leave) which includes regularly scheduled days off shall receive an additional per diem payment in an amount equal to the current per diem rate (ref: Article 11.2.1) for each of the days off, provided that the individual is neither travelling nor working during the day(s) off.
14.8 Turnaround Period - A turnaround period is the period of at least twelve (12) hours between the end of one tour of duty and the commencement of the next tour of duty, or between the end of the call-back and the commencement of the next tour of duty, whichever is later.
14.8.1 All time scheduled and/or worked, and any meal period, during any of the above turnaround periods shall be compensated for in addition to the regular basic rate, at one-half (½) time basic for the portion of such assignment which encroaches on such turnaround period, except that the compensation shall be one and one-half (1½) times the basic rate, in addition to the regular basic rate, for the portion of such assignment which encroaches on the four (4) hour period immediately following the end of the employee’s original schedule or any extension thereof, and shall be one (1) time the basic rate, in addition to the regular basic rate, for the portion of such assignment which encroaches on the fifth, sixth, seventh or eighth hours immediately following the end of the employee’s original schedule or any extension thereof.
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Hours Between Stop And Start Time |
Compensation
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0 - 4 |
1 ½ times basic rate |
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4 - 8 |
1 times basic rate |
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8 - 12 |
½ times basic rate |
14.8.2 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 scheduled day off, however, an employee must receive at least fifty (50) hours off over the two (2) days off period or the turnaround premium shall apply.
b) On a shift where an employee is released from duty to attend negotiations or grievance meetings with Management.
c) If an employee is absent on any type of leave of five (5) or more days.
14.8.3 A rotating shift pattern shall be considered broken if a basic eight (8) hour tour of duty is moved, in which event the encroachment will apply in the work week in which the change occurred. A rotating shift is not broken when the original shift is worked and hours are added before and/or after the shift to extend the original assignment.
14.8.4 For the purposes of this Article, turnaround shall be calculated from the actual released time of an employee who is released early for the balance of the day.
14.9 Call-Back - An employee called back to work having left the place of work on the day in question shall be paid at the time and one-half (1½) rate with a minimum credit of four (4) hours including a thirty (30) minute travelling period. If call-back is extended over four (4) hours the additional hours worked will be paid at the double time rate. If call-back is extended over eight (8) hours, the additional hours worked from eight (8) to sixteen (16) hours will be paid the two and one-half (2½) rate. If call-back is extended over sixteen (16) hours, all additional hours worked will be paid at the triple (3) rate. If the call-back extends beyond the scheduled start time of the next tour of duty, the employee shall be paid the “regular rate of pay” for those hours of the tour on which the call-back encroaches, in addition to the call-back payments and any other applicable payments. Turnaround calculation shall commence once the call-back ends (ref: Art. 14.8). Definition: “regular rate of pay” for purposes of this Article shall mean as follows:
|
Regular Tour |
Basic Rate |
|
1st Day Off (Art. 14.7(a) |
1 ½ x basic rate |
|
2nd Day Off (Art.14.7(b) |
2 x basic rate |
|
Legal Holiday (Art. 12.1.3) |
1 ½ x basic rate* |
|
Legal Holiday and Day Off (Art. 12.1.5) |
2 x basic rate* |
*Plus basic rate for those hours which encroach on the minimum tour of duty for the holiday, to a maximum of eight or seven and one-half (8 or 7½) hours. However, at no time shall the call-back penalty exceed five (5) times the basic pay.
14.9.1 Call-back is defined as those hours credited to an employee who, having worked and/or been credited with at least the minimum tour of duty is called back to perform further work on the day in question after a minimum elapsed time of two (2) hours. Provided that an employee has received at least one and one-quarter (1¼) hours off following the tour of duty, they will be deemed to have had a meal period.
14.9.2 An employee shall not be required to work more than three and one-half (3½) hours without a meal period. After this meal period which is deemed to be a second or subsequent meal, Article 15 will apply.
14.9.3 Employees at their own discretion, may refuse to work call-back as outlined in Article 14.9 and shall not be penalized for such refusal.
14.9.4 Pagettes/Standby - Employees who are assigned to carry/use pagettes or otherwise be on standby beyond a tour of duty (during off-duty hours) or on a day off shall be compensated as follows:
a) Maintenance Technicians.....$75.00 per week (5 work days + 2 days off)
b) Building Maintenance......$50.00 per week (5 work days + 2 days off)
c) All other employees...$30.00 per week (5 work days during which a tour of duty is scheduled) or, $7.00 per work day for less than a full work week, $15.00 per scheduled day off.
d) Transmitter maintenance employees shall, in addition to other entitlements under this agreement, receive one (1) hours pay at one and a half (1½) times the basic rate when required to reset a transmitter from home.
14.10 Night Differential - When an employee works between 0030 hours and 0630 hours, all hours worked shall be compensated at an additional three dollars and twenty-five cents ($3.25) per hour, with a minimum credit of one (1) hour. Night differential shall not be deemed overtime or part of basic pay.
14.11 Temporary Upgrading - 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 compensated at an additional three dollars and twenty-five cents ($3.25) per hour, for all hours worked in such an upgraded situation with a minimum credit of four (4) hours. This clause shall not be used for the purpose of reducing the number of employees in the job function to which such an employee is being upgraded. Furthermore, this clause shall not be used for the purpose of eliminating or reducing or to avoid the hiring of regular, full time employees.
An employee has the right to refuse upgrading to any supervisory classification, and the Company has the right to assign employees in inverse order of seniority to temporary supervisory work on the basis of qualification and competence.
14.11.1 It is agreed that the only exemption of this Article is when an employee is on a relief basis for fifteen (15) minutes or less.
14.11.2 At the time of assignment to a higher classification, an employee shall be verbally advised of this temporary upgrading and shall receive the rate of pay for such upgrading. This shall be noted on the daily assignment sheet.
14.11.3 Dual Function Premium (VTR Editor/Audio) - An employee performing the substantive duties of more than one classification during any tour of duty, aside from those duties which may be considered elements of other jobs under Article 13.1, shall be paid a premium of $15.00 per tour. A Dual Function Premium shall not be paid where an employee is eligible for a Temporary Upgrade, Article 14.11.
14.11.4 Training Premium - An employee who is required to train another employee on a new classification shall be paid a premium of fifteen dollars $15.00 per tour. This article does not apply to placement students who are placed in an internship placement as part of their studies curriculum.
14.12 Excessive Hours, Health and Safety - The Company shall be responsible for providing a safe and healthy workplace and for taking all necessary steps to protect the safety and health of employees. Employees are required to take all reasonable and necessary precautions to ensure their own safety and health as well as that of their fellow employees.
A Health and Safety Committee shall be formed and maintained as required by law. The Committee shall have no power to act on its own recommendations. This includes the expenditure of Company funds or resources, except by prior approval of the Manager of Human Resources.
Members of the Health and Safety Committee are entitled to time off from work for authorized work related to the Committee and they shall be paid that time as though they had been at their jobs.
The specific duties of the Company and employees and the Committee are found in the Canada Labour Code. In addition to anything required by law, the Company agrees to the following specific terms:
14.12.1 Having due regard to health and safety, the Company agrees to try to equalize the work load so that any individual employee is not repeatedly scheduled excessive hours.
14.12.2 No employee shall be required to work under hazardous conditions. Where dangerous or hazardous work is involved, all reasonable safety and precautionary measures shall be taken by the Company. An employee’s refusal to undertake such dangerous or hazardous work will in no way be held against the employee or prejudice employment with the Company.
14.12.3 The Company shall give consideration on the capabilities of an employee for assignments involving climbing towers, ladders, etc. Whenever physically possible, an interior/exterior stairwell will be provided with any scaffolding ten (10) feet high or more. Properly secured scaffolding which affords alternative access will not require an interior/exterior stairwell.
14.12.4 The Company agrees to supply protective clothing and/or safety devices for employees on assignments (e.g., remotes, towers) where conditions require their use, and to supply other special attire where required by the Company. It is understood that such protective clothing and/or safety devices are and remain the property of the Company and shall be returned in good condition on demand.
14.12.5 Safety footwear shall be supplied with the cost shared eight/twenty (80/20) between the Company and employee and the same shall become the property of the employee.
14.12.6 When transportation is provided to employees by the Company, the appropriate safety standards shall be observed.
14.12.7 Seat belts shall be installed and used in all vehicles; all vehicles shall be in proper operating condition; and all traffic laws observed.
14.12.8 VDTs - The Company agrees to provide inspections and necessary repairs to VDT/CRT’s to ensure that such equipment meets all pertinent legislative standards. The results of any tests shall be shared with the Union as soon as received.
14.12.9 The Company agrees to temporarily relocate pregnant employees from VDT work to other appropriate work, at their request, provided that such work or appropriate opening is available. Such transfer shall be without loss of employment benefit, and at a wage rate of the job in which the employee is relocated of not less than her former position. In the event that a Relief employee is required as the result of such a transfer, such Relief employee shall be employed under the same terms and conditions as Relief, for maternity/adoption leave.
ARTICLE 15
Break and Meal Periods
15.1 Break Periods - Employees shall be granted a rest period as follows:
a.) A fifteen (15) minute rest period between the beginning of the regularly scheduled work day and the assigned meal period.
b) A fifteen (15) minute rest period between the assigned meal period and the end of the regularly scheduled work day.
c) These break periods shall not be assigned during the first hour or last hour of a tour of duty, or one (1) hour on either side of a meal period without prior approval of the Union. Break periods shall be assigned at approximately the mid-point between the start of the tour and the start of the first meal period when operational and production requirements permit.
d) On a tour of duty of nine (9) hours or more, an employee shall not be required, at any time after the assigned first meal period, to work more than three (3) hours without a meal period or break period being assigned/received.
e) If break periods are not received they will be paid at the applicable overtime rates.
15.2 O & P - Meal Periods - First Meal Period - To all tours of duty a first meal period of sixty (60) minutes duration shall be assigned beginning not earlier than the start of the fourth (4th) hour and ending not later than the end of the sixth (6th) hour.
15.2 T & E - Meal Periods - First Meal Period - To all tours of duty a first meal period of sixty (60) minutes duration shall be scheduled as follows:
a) When a tour of duty begins at or after 0500 hours, and before 0700 hours, a meal period shall be scheduled between 0900 hours and 1200 hours;
b) When a tour of duty begins at or after 0700 hours, and before 1100 hours, a meal period shall be scheduled between 1130 hours and 1430 hours;
c) When a tour of duty begins at or after 1100 hours and before 1400 hours, a meal period shall be scheduled between 1530 hours and 1830 hours;
d) When a tour of duty begins at or after 1400 hours and before 1700 hours, a meal period shall be scheduled between 1730 hours and 2030 hours;
e) When a tour of duty begins at or after 1700 hours and before 2100 hours, a meal period shall be scheduled between 1930 hours and 2230 hours;
f) When a tour of duty begins at or after 2100 hours and before 0500 hours a half (½) hour meal period shall be scheduled within the 4th or 5th hours after the commencement of the tour of duty. This meal period shall not be deducted from time worked.
15.2.1 A first meal period of thirty (30) minutes may be assigned to any particular group when the members of the group so decide by a majority decision of the members. This thirty (30) minute first meal period must be agreeable to Management and sanctioned by the Union. Further, the time limits as outlined further in this Article will apply.
15.2.2 T & E - Notwithstanding Article 15.2 and 15.3, in the Accounting and Switchboard/Receptionist areas, the first meal period will be assigned between 1200 hours and 1400 hours, and a second meal period, if necessary, will be assigned between 1800 hours and 2000 hours. For the evening Switchboard/ Receptionist, a first meal period will be assigned between 1900 hours and 2100 hours and any second meal periods will be assigned in accordance with Article 15.3. Any subsequent meal periods required shall be assigned in accordance with Article 15.4.
15.3 O & P - Second Meal Period - In all tours of duty of more than ten (10) hours a second (2nd) meal period of not less than sixty (60) minutes shall be assigned with the ninth, tenth or eleventh (9th, 10th, or 11th) hour of the tour. In the event a second meal is not taken, one (1) hour shall be added to the tour of duty as time worked at the applicable rate.
15.3 T & E - Second Meal Period - A second meal period of not less than sixty (60) minutes shall be scheduled or assigned in tours of duty of more than ten (10) hours during which a first meal period was scheduled. This second meal period shall be scheduled or assigned within the fourth, fifth or sixth (4th, 5th or 6th) hour after the scheduled completion of the first meal period. When this second meal period is not scheduled or assigned as required above, it will be assumed to have been assigned at the proper time for the purpose of meal displacement penalties in accordance with Article 15.6. In the event that the second meal period is not taken, one (1) hour shall be added to the tour of duty as time worked at the applicable rate. On remote locations the placement of the second meal period need not be scheduled but will be assigned in accordance with the above, also the durations referred to above may be varied by mutual consent.
15.4 Subsequent Meals - A subsequent meal period of not less than thirty (30) minutes shall be assigned within the fourth or fifth (4th or 5th) hour after the period in which a prior meal period could have been assigned. In the event that a subsequent meal period is not taken, one-half (½) hour shall be added to the tour of duty as time worked at the applicable rate.
Meal Payments
Ten dollars ($10.00) shall be paid to compensate for the cost of the second meal period, and nine dollars ($9.00) shall be paid to compensate for the cost of each subsequent meal period. (These payments will not be paid where per diems or Article 15.7 is applicable).
|
RECAP |
||
|
Tour Begins Between |
First Meal Scheduled Between |
Second and Subsequent Meal |
|
0500 & 0700 hrs. 0700 & 1100 hrs. 1100 & 1400 hrs. 1400 & 1700 hrs. 1700 & 2100 hrs. 2100 & 0500 hrs. |
0900 & 1200 hrs. 1130 & 1430 hrs. 1530 & 1830 hrs. 1730 & 2030 hrs. 1930 & 2230 hrs. ½ hr. meal within the 4th or 5th hr. |
Within the 4th, 5th or 6th hr. after the scheduled meal, and within the 4th or 5th hr. after the second or subsequent meal period. |
15.5 O & P - Notwithstanding the provisions contained in Articles 15.2, 15.2.1, 15.3 and 15.4, no employee shall be required to work more than six (6) hours without receiving a meal period, or being released from duty.
15.5 T & E - Notwithstanding the provisions, contained in Articles 15.2, 15.2.1, 15.2.2, 15.3 and 15.4 no employee shall be required to work more than six (6) hours without receiving a meal period, or being released from duty.
15.6 When an employee is not given a meal period within the time limits required by this Article, the individual shall receive a displacement penalty in an amount equal to one-half (1/2) times the basic hourly rate, with a minimum credit of one (1) hour, for all time in the period in which the meal is displaced.
This compensation will be computed:
a) from the beginning of the second hour in which the meal period could have been assigned and extend to the start of the meal period given or;
b) from the beginning of the meal period given and extend to the beginning of the second hour in which the meal period could have been assigned.
There shall be no compounding of meal displacement penalties.
15.6.1 The displacement penalty will not apply when the meal period is delayed by fifteen (15) minutes or less.
15.7 Each meal on local remote assignments shall be compensated as follows:
Breakfast $11.00
Lunch $16.00
Dinner $27.00
Subsequent $ 9.00
a) A breakfast payment of the amount stated above shall be paid for any meal period assigned between 0600 hours and 1100 hours.
b) A lunch payment of the amount stated above shall be paid for any meal period assigned between 1100 hours and 1630 hours.
c) A dinner payment of the amount stated above shall be paid for any meal period assigned between 1630 hours and 2200 hours.
d) Any meal period assigned outside of the hours referred to above, or, if it is a second meal period assigned within a single time block referred to above, the employee shall be paid a meal allowance of nine dollars ($9.00).
e) If a meal period is so assigned that 50% or more of it straddles any of the time periods referred to above, the meal payment shall be paid at the higher rate of the two periods involved.
15.8 In the event a remote location is so situated that no facilities to obtain an appropriate meal are readily available for the crew during their assigned meal period the Company shall:
a) allow the crew sufficient added time and supply them with adequate transportation to travel to where an appropriate meal can be obtained, or
b) at its own expense, furnish the crew with an appropriate meal, in which case the applicable meal allowance will not be paid.
15.9 Employees shall not be required to travel from their normal place of employment to other studios or remote locations within the area during their meal periods, or any part thereof.
ARTICLE 16
General Wage Provisions
16.1 Employees shall be paid on a salary step level according to the wage schedule of the classification to which they are assigned, with credit for years of service within the classification and any credit for industry experience recognized by the Company at the time of hiring.
16.1.1 T & E - Employees under Article 2.3.2 shall receive credit on the salary schedule of the group to which they are assigned for the total accumulated service in the bargaining unit, calculated to the last completed month.
16.1.2 Progression up the salary schedule within each classification shall automatically occur on the first complete pay period of the month nearest the employee’s semi-annual or annual anniversary date of appointment, transfer or promotion.
16.1.3 When an employee is transferred into a higher pay classification the individual shall immediately move into the higher salary scale and receive a salary increase which is at least the equivalent of one full increment in their former group, and shall automatically progress upward on the annual or semi-annual anniversary date of their upgrading. (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.)
16.1.4 The Company shall pay twice the net weekly salary (i.e., salary after a reasonable portion of the total monthly deductions have been made), by direct deposit, not later than 1000 hours each second Friday.
16.1.5 An employee who reports late for a tour of duty may be subject to a reduction in pay when such lateness is not due to a circumstance beyond the control of the employee. When an employee is more than thirty (30) minutes late, the Company shall have the right to cancel the employee’s tour of duty if the Company has meanwhile called or rescheduled a substitute employee.
16.1.6 T & E - ENG Camera operators, Satellite/Microwave Technicians and Maintenance Technicians will receive a single one hundred dollar ($100.00) expense account draw which will be replenished on an ongoing basis in an amount equal to monies expended, upon receipt of a normal expense report. Such expense report is to be submitted not less than once in each thirty (30) day period. An employee leaving the employ of the Company will restore to the Company any money outstanding in such expense draw.
16.1.7 T & E - ENG Camera operators who are caused to work on an assignment which results in damage to their personal clothing shall receive reasonable compensation for such damage upon discussion with their Department Head.
ARTICLE 17
Wage Scales and Classifications
17.1 “Job Classifications” which have identical titles (e.g., ENG/EFP Camera and Sr. ENG/EFP Camera) but appear in different wage scales are not considered separate job classifications. Groups for the purpose of wage classifications shall be as follows:
Scale A: Switchboard/Receptionist.
|
Scale A |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$553.38 |
$564.45 |
$575.73 |
|
1 year |
$572.45 |
$583.90 |
$595.58 |
|
2 years |
$592.14 |
$603.98 |
$616.06 |
|
3 years |
$609.23 |
$621.42 |
$633.85 |
|
4 years |
$626.22 |
$638.74 |
$651.51 |
|
5 years |
$643.31 |
$656.18 |
$669.30 |
|
merit |
$675.48 |
$688.99 |
$702.77 |
Scale B: Secretary, Building Maintenance, Shipper/Receiver, Television Assistant.
|
Scale B |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$609.23 |
$621.42 |
$633.85 |
|
1 year |
$626.22 |
$638.74 |
$651.51 |
|
2 years |
$643.31 |
$656.18 |
$669.30 |
|
3 years |
$660.90 |
$674.12 |
$687.60 |
|
4 years |
$677.39 |
$690.94 |
$704.75 |
|
5 years |
$694.98 |
$708.88 |
$723.06 |
|
merit |
$729.74 |
$744.33 |
$759.22 |
Scale C: Office Clerk, Installation Wireperson, Accounting Clerk.
|
Scale C |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$660.90 |
$674.12 |
$687.60 |
|
1 year |
$677.39 |
$690.94 |
$704.75 |
|
2 years |
$694.98 |
$708.88 |
$723.06 |
|
3 years |
$720.82 |
$735.24 |
$749.94 |
|
4 years |
$746.16 |
$761.09 |
$776.31 |
|
5 years |
$772.13 |
$787.57 |
$803.32 |
|
merit |
$810.73 |
$826.95 |
$843.49 |
Scale D: ENG Librarian, Traffic Co-ordinator,
Office Co-ordinator.
|
Scale D |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$720.82 |
$735.24 |
$749.94 |
|
1 year |
$746.16 |
$761.09 |
$776.31 |
|
2 years |
$772.13 |
$787.57 |
$803.32 |
|
3 years |
$814.94 |
$831.24 |
$847.86 |
|
4 years |
$858.49 |
$875.66 |
$893.17 |
|
5 years |
$900.81 |
$918.83 |
$937.20 |
|
merit |
$945.85 |
$964.77 |
$984.06 |
Scale E: Staging Specialist, Researcher.
|
Scale E |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 814.94 |
$ 831.24 |
$ 847.86 |
|
1 year |
$ 858.49 |
$ 875.66 |
$ 893.17 |
|
2 years |
$ 900.81 |
$ 918.83 |
$ 937.20 |
|
3 years |
$ 969.59 |
$ 988.98 |
$1,008.75 |
|
4 years |
$1,038.35 |
$1,059.12 |
$1,080.30 |
|
5 years |
$1,107.25 |
$1,129.40 |
$1,151.99 |
|
merit |
$1,162.61 |
$1,185.86 |
$1,209.58 |
Scale F: Character Generator Operator, Makeup Artist.
|
Scale F |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 814.94 |
$ 831.24 |
$ 847.86 |
|
1 year |
$ 858.49 |
$ 875.66 |
$ 893.17 |
|
2 years |
$ 900.81 |
$ 918.83 |
$ 937.20 |
|
3 years |
$ 969.59 |
$ 988.98 |
$1,008.75 |
|
4 years |
$1,039.10 |
$1,059.88 |
$1,081.08 |
|
5 years |
$1,108.48 |
$1,130.65 |
$1,153.26 |
|
6 years |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
7 years |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
8 years |
$1,184.27 |
$1,207.95 |
$1,232.11 |
|
merit |
$1,243.48 |
$1,268.35 |
$1,293.72 |
Scale G: Transmitter Technician
|
Scale G |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 969.59 |
$ 988.98 |
$1,008.76 |
|
1 year |
$1,039.10 |
$1,059.88 |
$1,081.08 |
|
2 years |
$1,108.48 |
$1,130.65 |
$1,153.26 |
|
3 years |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
4 years |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
5 years |
$1,184.27 |
$1,207.95 |
$1,232.11 |
|
merit |
$1,243.48 |
$1,268.35 |
$1,293.72 |
Scale H: ENG/EFP Camera, Floater, Robotics Camera.
|
Scale H |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 900.81 |
$ 918.83 |
$ 937.20 |
|
1 year |
$ 969.59 |
$ 988.98 |
$1,008.76 |
|
2 years |
$1,038.35 |
$1,059.12 |
$1,080.30 |
|
3 years |
$1,107.25 |
$1,129.40 |
$1,151.99 |
|
4 years |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
5 years |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
6 years |
$1,184.14 |
$1,207.82 |
$1,231.98 |
|
7 years |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
8 years |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
9 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
merit |
$1,324.35 |
$1,350.84 |
$1,377.86 |
Scale I: ENG Editor, Production Assistant, Video Editor, Studio Director.
Electronic Graphic Artist (effective January 1, 2010.
|
Scale I |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 969.59 |
$ 988.98 |
$1,008.76 |
|
1 year |
$1,039.10 |
$1,059.88 |
$1,081.08 |
|
2 years |
$1,108.48 |
$1,130.65 |
$1,153.26 |
|
3 years |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
4 years |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
5 years |
$1,184.14 |
$1,207.82 |
$1,231.98 |
|
6 years |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
7 years |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
8 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
merit |
$1,324.35 |
$1,350.84 |
$1,377.86 |
Scale J: Lighting Director, Senior Building Maintenance.
Engineering Technical Support (effective January 1, 2010).
|
Scale J |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
1 year |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
2 years |
$1,184.14 |
$1,207.82 |
$1,231.98 |
|
3 years |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
4 years |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
5 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
merit |
$1,324.35 |
$1,350.84 |
$1,377.86 |
Scale K: Audio
|
Scale K |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$ 969.59 |
$ 988.98 |
$1,008.76 |
|
1 year |
$1,038.35 |
$1,059.12 |
$1,080.30 |
|
2 years |
$1,107.25 |
$1,129.40 |
$1,151.99 |
|
3 years |
$1,162.61 |
$1,185.86 |
$1,209.58 |
|
4 years |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
5 years |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
6 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
7 years |
$1,287.12 |
$1,312.86 |
$1,339.12 |
|
8 years |
$1,312.96 |
$1,339.22 |
$1,366.00 |
|
9 years |
$1,338.30 |
$1,365.07 |
$1,392.37 |
|
merit |
$1,405.21 |
$1,433.32 |
$1,461.98 |
Scale L: Creative Services Writer/Director.
|
Scale L |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$1,132.47 |
$1,155.12 |
$1,178.22 |
|
1 year |
$1,158.31 |
$1,181.48 |
$1,205.11 |
|
2 years |
$1,184.14 |
$1,207.82 |
$1,231.98 |
|
3 years |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
4 years |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
5 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
6 years |
$1,287.12 |
$1,312.86 |
$1,339.12 |
|
7 years |
$1,312.96 |
$1,339.22 |
$1,366.00 |
|
8 years |
$1,338.30 |
$1,365.07 |
$1,392.37 |
|
merit |
$1,405.21 |
$1,433.32 |
$1,461.98 |
Scale M: Transmitter Maintenance Supervisor, Technical Producer/Studio, Satellite/Microwave Technician, Robotics and Studio Coordinator.
Maintenance Technician (effective January 1, 2010).
|
Scale M |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$1,209.98 |
$1,234.18 |
$1,258.87 |
|
1 year |
$1,235.33 |
$1,260.03 |
$1,285.23 |
|
2 years |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
3 years |
$1,287.12 |
$1,312.86 |
$1,339.12 |
|
4 years |
$1,312.96 |
$1,339.22 |
$1,366.00 |
|
5 years |
$1,338.30 |
$1,365.07 |
$1,392.37 |
|
merit |
$1,405.21 |
$1,433.32 |
$1,461.98 |
Scale N: Producer/Director, Supervisor Maintenance Technicians, Supervisor Creative Services.
|
Scale N |
1-Jan-09 |
1-Jan-10 |
1-Jan-11 |
|
Start |
$1,261.29 |
$1,286.52 |
$1,312.25 |
|
1 year |
$1,287.12 |
$1,312.86 |
$1,339.12 |
|
2 years |
$1,312.96 |
$1,339.22 |
$1,366.00 |
|
3 years |
$1,338.30 |
$1,365.07 |
$1,392.37 |
|
4 years |
$1,370.41 |
$1,397.82 |
$1,425.78 |
|
5 years |
$1,402.64 |
$1,430.70 |
$1,459.31 |
|
merit |
$1,472.78 |
$1,502.23 |
$1,532.28 |
17.1.1 The rates in the above schedules are minimum.
17.1.2 For purposes of computation, the hourly rate of the employee shall be 1/37.5 or 1/40 (ref: Article 14.1 and 14.1.1) of the weekly salary set forth above.
17.1.3 The wage scales will be increased across the board by two percent (2.0%) effective January 1, 2009, and by two percent (2.0%) effective January 1, 2010, and by two percent (2.0%) on January 1, 2011.
17.1.4 Employees who are classified as over-scale, as a result of red-circling, shall receive a cash payment on the effective date of each increase during the term of the agreement. The cash payment shall be based on the employee’s red circled rate multiplied by the percentage increase.
17.1.5 Merit Level - Following the “5”, “8” or “9” “years level” in each applicable wage scale a “merit” level is established which is the equivalent of five (5%) higher than the applicable “5”, “8” or “9” “years level”. It is understood that an employee must have attained at least the “5”, “8” or “9” “years level” in their applicable wage scale for a period of one full year before being considered for a merit increase and must score well on all of the agreed to merit criteria.
17.1.6 Merit Criteria - In order for an employee to be considered for a merit classification it is understood that a candidate would have to score well on all of the following criteria. Conclusions should be supported with examples. Areas where the employee falls short of expectations should be discussed and suggestions for improvement should be made.
1. Core Competency and Technical Knowledge - The employee demonstrates an in-depth knowledge of their job. Keeps up-to-date of new or changing technologies or methods of work.
2. Work Performance - The employee excels on their job. Work performance is consistently above standard. The employee is relied on by others to perform work which is error free with minimal guidance or instruction.
3. Problem Solving Skills - The employee readily accepts assignments or tasks of a challenging nature and consistently meets objectives. Strong comprehension of obstacles, consequences and alternatives is demonstrated. The employee’s work is completed without difficulty.
4. Good Role Model - The employee is able to encourage others through their own performance. They are respected by their peers and may provide guidance to others on the completion of tasks and maintenance of standards or productivity.
5. Ability to Evolve and Grow - Employee has adjusted professionally to changing priorities and objectives. Willingness to accept new challenges and acquire new skills has been demonstrated. May implement new approaches or practices to improve quality or productivity.
6. Leadership - The employee will take the lead in completing tasks or assignments. May act as a key on certain projects. The employee supports the work of others through constructive advice and/or suggestion. The employee is respected for leadership role.
7. Ability and Willingness to train - The employee provides guidance and advice to others in their area of expertise and when requested demonstrates techniques, skills, and tasks to others. May provide formal training to employees to ensure work is completed to standard.
8. Interpersonal Skills - The employee is able to discuss and exchange ideas and suggestions with tact in order to encourage teamwork and accomplish work. Demonstrates ability to work cooperatively with others in the achievement of objectives on time and to standard.
9. Accountability, Commitment, Punctuality and Attendance - The employee is consistently dependable in terms of attendance and approach to work. The employee contributes to the success of the station by consistently completing work assignments on time and frequently with above standard results. The employee may support the organizational objectives of employees in other departments through a cooperative work approach.
10. Positive Attitude - Ideas and suggestions are readily exchanged with others. The employee is dependable, has a generally positive outlook and is routinely helpful to others.
17.1.7 Merit Process – An employee who wishes to be considered for a merit classification, in accordance with this Article, will put their request in writing to their Manager. Upon receiving the request the Manager will convene a meeting with the employee and the Manager, Human Resources, for the purpose of discussing expectations and timelines for completing the process.
Within the next thirty (30) days the employee will submit a document supporting the merit promotion with conclusions for each of the criteria to their Manager and Manager, Human Resources. The Manager and Manager, Human Resources will have thirty days to review the employee’s document and may discuss with the employee the conclusions submitted.
If the employee’s request is successful the merit increase will be applied retroactive to the date of the initial request. If the employee’s request is denied the Manager and Manager, Human Resources, will meet with the employee to provide an explanation of how the employee fell short of criteria expectations. An employee who has been unsuccessful in their application may reapply a year after their initial application.
The thirty (30) day timeline may only be extended by mutual consent. Failure of an employee to comply with the timeline will cause the timeline to be reset requiring the employee to resubmit their request.
17.1.8 Criteria – It is agreed and understood that in order to be successful the employee requesting a merit promotion, in accordance with this Article, will need to be successful in meeting the ten (10) criteria by achieving all of the stated objectives. It is expected that the employee will continue to strive to maintain all stated criteria.
ARTICLE 18
Duration of Agreement
18.1 This Agreement and the Appendices; A, B, C, D and E, Letters of Agreement; 1, 2, 3, 4, and Side Letters; 1, 2, 3, 4, 5, attached hereto shall commence on the 1st day of January, 2009, and remain in force for a period of thirty-six (36) months, ending on the 31st day of December, 2011, and from year to year, thereafter unless either party notifies the other by registered mail, not more than one hundred and twenty (120) days and not less than thirty (30) days prior to the date of expiry, or anniversary of such date, of its intent to modify this Agreement, or until seven (7) days after a Report of the Conciliation Board is received by the Minister of Labour as set forth in the Canada Labour Code, Part I. If notice of desire to modify this Agreement is given as specified above, a meeting shall be held within twenty (20) days for the purpose of negotiations and further meetings shall be held as frequently as possible until settlement is reached or until either party makes application for Conciliation. If the resultant negotiations extend beyond the expiry date of this Agreement, all provisions of the new Agreement shall be retroactive to such expiry date.
In witness whereof the parties hereto have caused this Agreement to be executed by their duly authorized representatives this _____ day of _____________ 2009.
|
CTV Television Inc. (CJOH-TV Division) |
Communications, Energy and Paperworkers Union of Canada |
|
Susan Rauf
Scott Hannant
Delma Devoe
Connie Rosebush
|
David Lewington
Laurel Killmartin
Pat Brewer
Rick Ulmer
Ray Young
|
APPENDIX “A”
Producer/Director
This will confirm the understanding in respect to Producer/Directors. The parties (the Company and the Union) recognize that the duties and functions of “producer-directors” and “managing producer-directors” are similar, but not identical.
Personnel in both classifications are responsible for the administration, preparation, audition, staging, rehearsal, recording and/or broadcast of the Company’s programmes and when so assigned, programmes of other broadcast material the Company may produce under contract with or in conjunction with, second parties.
Essentially the difference between the two classifications is that the “managing producer-directors” have absolute authority to discipline or suspend any employee working under their control, even though such employee is normally responsible to another member of management. They have the authority to hire or dismiss personnel who function only in connection with their particular production and who are under the overall control of the Company’s Vice-President and Executive Producer; i.e., part-time, temporary, performers, etc.
The parties recognize that past practice has required that “managing producer-directors” have directed programmes that would normally be assigned to producer-directors and vice-versa and that such practices will continue.
The Company recognizes the present ratio of one (1) classification to the other and for the purposes of job security will make every reasonable effort to maintain that ratio so long as the television programme output of CJOH maintains its present general characteristics.
The Company specifically reserves the right to increase the number of “managing producer-directors” if its production of national or international network or syndicated programs warrants it.
Managing producer-directors shall not be used/hired for the purpose of eliminating or displacing regular or full-time producer-directors, or to avoid hiring regular or full-time producer-directors, or for the sole purpose of avoiding the payment of overtime.
All of the terms of the Agreement shall apply to the producer-directors except as specifically excluded or modified hereunder.
Articles:
a) 2.3 Except that the producer-directors shall be recognized as a job classification for all purposes of the Agreement.
b) 2.3.3
c) 2.3.5
d) 8.2 Except this article shall apply in cases of transfers.
e) 9
f) 13
g) 14.2 There shall be two (2) consecutive days off in each work week. The Company shall make every effort to schedule the days off on weekends as frequently as possible but in no event shall an employee be required to work more than four (4) week-ends in a row. However, this provision shall be considered waived if the employee agrees to an assignment.
h) By mutual agreement an employee may elect to receive a day off with pay in lieu of work on a day off. The day off in lieu shall result in a reduction of only eight (8) hours, times the basic rate, from the premiums payment earned under Article 14.7. All other premium and penalty payments involved shall be liquidated in cash at the normal time. The days off in lieu shall be requested in writing and scheduled on a first-come, first-served, mutually agreeable basis.
i) 14.11.1
j) 15.1 Except that each employee shall be allowed a paid fifteen (15) minute rest period during each four (4) hours of a tour. The Company shall have the right to designate when such rest periods shall be taken by the employee.
k) 15.2 to 15.4 Except that each employee shall be entitled to and shall receive all meal periods as outlined.
l) 15.6 and 15.6.1 Except that any meal not received shall be added to the tour as time worked and paid accordingly.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
APPENDIX “B”
Production Assistant
This will confirm the understanding in respect to Production Assistants.
All terms of the Agreement (O & P) between the Company and the Union shall apply to the Production Assistants except as specifically modified hereunder:
a) 2.2 Notwithstanding Article 2.2, the Company recognizes the Union as the exclusive bargaining agent for all persons classified as Production Assistants.
b) 14.1.1 Production Assistants shall be included in list of classifications which have an eight (8) hour tour of duty and forty (40) hour work week.
c) 14.7(a) Article shall apply but with a minimum credit of four (4) hours.
d) 14.11 Article shall apply except as modified by the following:
Any Production Assistant who accepts an assignment to direct any show or news item shall receive as a per-assignment premium, fifteen dollars ($15.00) in addition to any remuneration for that date. Performance of this function is not required of Production Assistants as a condition of employment.
Production Assistants assigned to a production to perform the function of continuity shall be paid a premium of ten dollars ($10.00) for those tours of duty so assigned.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
APPENDIX “C”
ENG Camera
This confirms the understanding reached in respect to ENG Camera operators.
All of the terms of the Agreement between the Company and the Union shall apply to ENG Camera except as specifically excluded or modified hereunder:
a) Article 14.1 - Work Week This article shall apply but first meal period shall be inclusive.
b) Article 14.4 - Posting of Schedules This article shall apply except with respect to the posting of meal periods.
c) Article 15.1 - Break Periods This article shall apply except for the provision contained in item (e).
d) Article 15.2 - Meal Periods This article will not apply except that ENG Camera operators shall be entitled to and shall receive a thirty (30) minute inclusive meal period during the 4th, 5th or 6th hour of the tour of duty. If such a meal period is not taken during the tour of duty and approval is received to miss the meal, then, one half (1/2) hour will be added to the end of the tour and paid at one and one half (1 and 1/2) times the basic hourly rate. This additional 1/2 hour will not be used in any calculation involving turnaround or night differential.
It is mutually understood that the intent of the foregoing is to provide regular meal periods. To that extent it is agreed that the Company and ENG Camera operators will co-operate in any effort to ensure that first meal periods are received or taken within the three (3) hour window, whenever possible.
e) Article 15.6 - Meal Displacement This article shall apply except with respect to the calculation of the first meal displacement.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
APPENDIX “D”
Outside Activities
It is understood that the first professional obligation of the employee shall be to the Company. Employees shall be free to engage in activities for remuneration outside their hours of work provided that:
(a) Without permission, such activities are not with organizations or companies in direct competition with CJOH-TV, its parent, subsidiary or affiliated companies;
(b) Without permission, no employee may exploit their connection with CJOH-TV, its parent, subsidiary or affiliated companies in the course of such activities;
(c) Such activity does not restrict their availability to, or adversely affect their work with CJOH- TV.
(d) Annual leave may be requested for this purpose. However, such leave may be revoked at any time by the Company if the employee is required to report to work.
The Company will give reasonable consideration for each request, which shall be made in writing on a permission request form and submitted to the Scheduler. Decisions will be rendered in a timely manner. Anyone who is unsure of a particular circumstance should seek clarification from Human Resources.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Letter of Agreement #1
Anti-Harassment
It is the policy of the Company and the Union that all employees shall be treated with respect and dignity within the work place. Harassment of any kind will not be tolerated.
Workplace Harassment: Workplace harassment is any offensive, hurtful or malicious comment/conduct by an employee towards another employee that is known or ought reasonably to be known to be unwelcome.
Harassment is any behaviour which is perceived by an employee to deny them their self esteem, dignity or respect and is found to be offensive, embarrassing and humiliating. It may be verbal, physical, deliberate, unsolicited and may be one incident or a series of incidents. It may include:
(a) verbal abuse, abusive language or threats;
(b) unwelcome remarks, jokes and innuendos or taunting about a person’s body, attire or sexual orientation;
(c) practical jokes which cause awkwardness or embarrassment;
(d) unwelcome invitations or requests, whether indirect or explicit, or intimidation;
(e) leering at a person’s body or other gestures;
(f) condescension which undermines self-respect;
(g) unnecessary physical contact such as touching, patting, pinching, punching;
(h) physical (sexual) assault.
What Harassment is Not
Properly discharged supervisory responsibilities including disciplinary action are not considered to be harassment. A Union officer acting in good faith on behalf of a member of the union.
What to Do if You are Being Discriminated Against or Harassed
Harassed If you believe that you are being harassed you should not assume that the problem will go away by itself. You should not assume that the harassment has to be endured because of possible retaliation, nor should you feel guilty or embarrassed. The following steps should be followed:
1. Make your disapproval immediately known to the harasser.
2. Keep a written record of dates/times, the nature of the behaviour and any witnesses to the harassment.
3. If you do not want to deal directly with the harasser or if the harassment continues, you may verbally bring the complaint to the attention of a manager or Human Resources for assistance. Note: Complaints must be filed within six months of the last alleged incident.
4. If the complaint is not resolved at #3, a written and signed complaint may be filed with Human Resources.
5. Human Resources will advise the alleged harasser of the complaint within five working days and provide a copy of the complaint. You will be informed of this action. Note; if the alleged harasser is a member of a union, he/she may elect to have union representation at any time.
6. The alleged harasser may forward a written reply to Human Resources within five working days.
7. Both the complainant and the alleged harasser will discuss the complaint with only the persons involved in the investigation.
The Manager:
1. It is the responsibility of each manager to ensure that harassment does not occur in his/her department. It is also the manager’s responsibility to protect employees from retaliation due to a complaint.
2. Upon receipt of the complaint, the manager will immediately meet with Human Resources to discuss the complaint.
3. The manager will refrain from discussing the complaint beyond those involved in the investigation.
4. Management has the continuing responsibility to stop any harassment that occurs in the workplace irrespective of a complaint.
The Complaint Resolution Process:
Upon receipt of the complaint, Human Resources must:
1. Interview the complainant and the alleged harasser not later than five days after the alleged harasser’s written response to the complaint.
2. Interview any witnesses and document accurately information related to the complaint.
3. A recommendation will be reached by Human Resources in consultation with the manager (if he/she is not the harasser). The parties will be informed of any decision or plan of action.
4. All information will be kept confidential and will not be placed on the complainant’s file.
5. An employee may file a Human Rights complaint with the Canadian Human Rights Commission, but it is generally expected that an employee will only pursue this direction should the internal investigation process not be resolved to the complainant’s satisfaction.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Letter of Agreement # 2
Banked Time
Banked Time Program - Upon approval from their respective departmental manager, employees may participate in the banked time program as follows:
i) An employee may accumulate and take equivalent time off in lieu of payment for overtime hours, work on a day off, or work on a holiday and shall record the equivalent hours on their time sheet.
ii) This banked time may be accumulated to a maximum of eighty (80) hours or ten (10) days at any one time between September 1st and August 31st each fiscal year. Banked time can be scheduled to be taken at a time mutually agreed to by the employee and their supervisor provided that the employee has no more than ten (10) days of earned annual leave credits which shall be scheduled prior to banked time credits.
iii) The rate of accumulation shall be determined by the rate of pay provided in
the pertinent section of the Agreement. For example, an employee working eight
(8) hours on a day off shall receive a credit of 8 x 1.5 = 12 hours of straight
time pay, and accordingly 12 hours shall be accumulated as banked time.
iv) If the employee has not taken, or scheduled the banked time prior to October
31st, all accrued banked time as of October 31st shall be
liquidated in cash at the rate in which it was earned.
v) If employment is terminated for any reason, accrued banked time shall be liquidated in cash.
Between January 1, 2009 and August 31, 2009 the maximum banked time allowed shall be seven (7) days.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Letter of Agreement # 3
Maintenance Technicians
The parties agree that the Central Technician, Studio Technician and VTR Technician positions shall be consolidated in Scale M under the classification of Maintenance Technician. It is understood that the incumbents shall receive specific and relevant training in order that each technician may be assigned to each area of specialization. No technician shall be held fully accountable for work in the other classification unless they have received training.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Letter of Agreement # 4
Studio/Control Room Day Shift
With respect of Article 14.4.3 it is agreed that the Studio/Control Room Day Shift, with the exception of the Producer/Director, shall be 10:30 to 19:30 and shall apply to each of the following classifications:
• Production Assistant/Senior Production Assistant (one)
• Robotics Camera Operator/Senior Robotics Camera Operator / Robotics and Studio Coordinator (one)
• Character Generator/Still Store Operator (one)
• Audio/Senior Audio (one)
The Studio/Control Room day shift for Producer/Director (two) shall be 9:30 to 18:30 for one and 8:00 to 17:00 for the other.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Side Letter No. 1
Ben Heslinga
The parties have agreed that Ben Heslinga shall continue to be excluded from the bargaining unit, however, it is agreed that the Company shall remit dues to the union, based on the top rate for Scale N, for the work which Mr. Heslinga performs as a Producer/Director during the 15:30 - 00:30 shift, as part of the regular work rotation. It is agreed that Mr. Heslinga shall only perform as a Managing Producer/Director at other times in accordance with the Collective Agreement between the parties.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Side Letter No. 2
Declination of Benefits
Notwithstanding the provision of benefits for employees covered by this agreement an employee shall be permitted to decline Extended Health and Dental Benefits coverage where the employee can demonstrate coverage under a spouse’s plan with another employer.
An present employee who has elected to waive one or the other of their Extended Health or Dental Benefit coverage may continue to have this partial coverage. Otherwise an employee may;
1. Elect to be covered by the Company plan for both Extended Health and Dental Benefit within thirty-one (31) days of becoming eligible in accordance with the Group Benefit Plan; or,
2. Elect to waive both Extended Health or Dental Benefit coverage and can demonstrate coverage under a spouse’s plan with another employer.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Side Letter No. 3
Employment Equity
Employment Equity is a legislative initiative that is designed to improve the economic and social status of four designated groups in the workplace: women, aboriginal peoples, members of visible minorities and persons with disabilities.
The Company and the Union agree that no provision of the Collective Agreement is intended to be an obstacle to Employment Equity and the parties agree to support the legislation pertaining to Employment Equity, and to recognize that special efforts will be necessary to improve opportunities for members of the designated groups, in accordance with applicable legislation.
In respect of negotiations to renew the Collective Agreement which expired December 31, 2008 the parties discussed and agreed that additional measures were necessary in order to increase the representation of the four designated groups among the semi-professional and technician’s occupational group. Accordingly and for the life of the new agreement commencing January 1, 2009 the parties have agreed that fifty percent (50%) of all posted full-time positions shall be specifically set aside to increase the representation of women, aboriginal peoples, visible minorities and persons with disabilities in the semi-professional and technician’s occupational group.
The Union acknowledges and supports initiatives in the work place to facilitate the qualification of individuals from designated groups for the purpose of meeting the Company’s Employment Equity goals. The Company agrees to consult the Union prior to implementing initiatives intended to facilitate this objective.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
ENG Vehicles/Personal Use
Effective January 1, 2009 the Company will change its policy regarding the provision of ENG Vehicles to permanent full-time ENG/EFP Camera operators for their business/personal use. Except where the assignment of ENG Vehicles has been grandfathered to existing employees classified as ENG/EFP Camera Operators the Company will no longer assign ENG Vehicles to new hires.
All existing full-time ENG/EFP Camera Operators who have a vehicle assigned to them in accordance with the ENG Vehicle Policy will continue to be allowed to use the ENG Vehicle for business/personal use.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
Side Letter No. 5
Split Assignments Meals - ENG/EFP Camera Operators
It is understood that when ENG/EFP Camera Operators are scheduled a four (4) hour EFP assignment the employee will be assigned an exclusive one (1) hour meal break before resuming ENG duties. Notwithstanding the foregoing where the EFP assignment is concluded in less than two (2) hours the employee will resume ENG duties following a fifteen (15) minute break period and will receive an inclusive thirty (30) minute meal period in accordance with Appendix C.
It is further understood that ENG/EFP Camera Operators who are upgraded to Satellite/Microwave Truck Operators for part of their shift assignment shall be scheduled an exclusive one (1) hour meal break in accordance with Article 15.2.
Delma Devoe David Lewington
for CTV (CJOH-TV) for Communications, Energy and Paperworkers Union of Canada
ACCEPTANCE, ACKNOWLEDGMENT & RELEASE
I have read and understand and hereby accept the foregoing severance package. By accepting this severance package, I understand and agree that I am releasing CTV Television Inc., CTV Television Network Ltd., and their predecessor companies, and the divisions of each of such companies and all of their parent, subsidiary, affiliated and related companies (the “Companies”) and all officers, directors, employees, servants and agents thereof from all actions, causes of actions, claims and demands which I may have arising out of my employment with and termination from employment with CTV Television Inc. and any of the aforementioned companies.
I acknowledge that the foregoing severance package includes all notice of termination, termination pay or severance pay and all benefits owing to me pursuant to the Canada Labour Code, the Employment Standards Act (Ontario), or any similar statutory enactment.
______________________ _______________________________
Date Employee Signature
_______________________ _______________________________
Witness’ Signature Employee Name (please print)
[1] "Speedup” shall be defined as an unreasonable acceleration in the pace of work by the assignment of new work duties or responsibilities outside of the employee’s regular job classification. No employee shall be required to forfeit meal or break periods on a routine basis in order to perform elements of another job.