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Intent
1.1 It is the purpose of this Agreement, in recognizing a common interest between the Company and the Union in promoting the utmost co-operation and friendly spirit between the Company and its employees to set forth conditions covering rates of pay, hours of work and conditions of employment to be observed between the Parties and to provide a procedure for prompt and equitable adjustment of grievances. To this end, this Agreement is signed in good faith by the two Parties.
Bargaining Unit
2.1 The Company recognizes the Union as the exclusive bargaining agent for all persons employed in the unit defined by the Canada Labour Relations Board in its decision of August 16, 2000, and any amendments to the Unit as mutually agreed to by the parties, or any job subsequently held to be within the bargaining unit.
The
employees covered by this Agreement shall be:
2.2 Wherever in this Agreement the word, "location" is used, it shall be defined as one of the distinct sites occupied by the television stations referred to in Article 2.1. Specifically, CFCN-TV shall be considered to be the Calgary location of the Company and CFRN-TV shall be considered to be the Edmonton location of the Company.
2.3 Where in this Agreement reference is made to a job classification, it shall mean a specific job (e.g. ENG Editor means both Senior ENG Editor and ENG Editor) and not a group of jobs which are combined for salary classification purposes.
Definition of Employee
3.1 The term "employee" as used in this Agreement shall mean any person employed in a classification included in the bargaining unit referred to in Article 2 of this Agreement.
3.2 All employees as defined in Article 3.1 above shall be covered by this Agreement from the date of hiring.
3.3 All employees covered by this Agreement shall be considered full time employees of the Company except as hereinafter provided.
(a) The Company shall notify the Union in writing at least twenty (20) calendar days prior to the formal introduction of any new job classification. Such notice shall advise the Union of the primary duties and the salary rate of the new job class.
(b) Either Party to this Agreement may request that negotiations begin within thirty (30) calendar days of the issuance of the notice outlined in above, to determine if such job classification shall be excluded from the bargaining unit. If agreement is not reached within thirty (30) calendar days of the request outlined above, the issue shall be referred to the Canada Industrial Relations Board for a decision.
(c) All new job classifications included in the bargaining unit shall be subject to further negotiations for the purpose of determining pay scales and the Company Division in which the new job classification is to be placed.
3.5.1 All new full time employees shall be probationary employees from the date of their hiring in accordance with the following conditions:
(a) A minimum probation period of sixty (60) days worked shall apply.
(b) Should the employee's performance not meet the level of proficiency expected by the end of the first sixty (60) days worked, providing the Company is reasonably satisfied that the employee may improve his/her proficiency with more guidance, then the probation period may be extended for a further period, but not beyond a maximum of one hundred twenty (120) days worked from the date of hiring.
(c) In exercising (b) above, the Company shall make such decision no later than ten (10) tours of duty prior to the expiration of the first sixty (60) days worked and shall advise the employee and the Union, in writing, giving reason for such extension.
(d) The probationary employee shall be entitled to all terms and conditions contained in this Agreement, except that the Company may terminate or dismiss the employee at any time during the initial probation period or any extension thereof and an arbitrator shall have no jurisdiction over such termination or dismissal.
3.5.2 Notwithstanding the provisions of Article 3.5.1 (a) above, Producer/Directors and all Supervisors employed in bargaining unit positions shall be probationary employees for a period of one hundred twenty (120) days worked from the date of their hiring and further subject to the following:
(a) Prior to the end of the one hundred twenty (120) days worked and upon notification to the Union, the Company may extend the probationary period up to a total of two hundred forty (240) days worked from the date of hiring.
(b) In exercising (a) above, the Company shall make such decision no later than ten (10) tours of duty prior to the expiration of the first one hundred twenty (120) days worked and shall advise the employee and the Union, in writing, giving reason for such extension.
(c) All terms and conditions of this Agreement shall apply to the probationary employee covered by Article 3.5.2, except that the Company may release the employee at any time during the initial probation period or any extension thereof and an arbitrator shall have no jurisdiction over such termination or dismissal.
Part-time Employees
General
4.1 All Articles of this Collective Agreement, being Articles 1 to 48 inclusive, shall apply to part-time employees, except as hereinafter provided.
4.2 The following Articles shall not apply to part-time employees:
Article 17 - Seniority
4.3 A part-time employee is defined as a person who is hired on a regular and recurring basis. Part-time employees shall work less than forty (40) hours per week and not more than an average of thirty two (32) during any twelve (12) week period. Where a part-time employee accepts employment as a "temporary employee", the hours worked shall not be included for the purposes of calculating average hours. Additionally, overtime hours worked by a part-time employee, provided such work is required for completion of an assignment on a continuous tour of duty, will not be included for the purposes of calculating average hours.
4.4 Part-time employees shall be probationary employees for a period of five hundred (500) hours worked or six months from the commencement of their employment with the Company. There shall be opportunity for one equal period of extension of a part-time employee's probationary period.
4.5 For the purposes of Article 4.3 a temporary employee is defined as one hired for a particular show for a temporary period of time, all child care leaves, vacation leaves or the absence of any other employee who is temporarily absent from work; or who is engaged for employment during peak work load periods.
4.6 Where a part-time employee is engaged for a temporary period for a specific purpose and for a limited time, the following shall apply:
(a) Any period of temporary employment shall not exceed six (6) months in any twelve (12) month period. Notwithstanding the foregoing, the Company may engage a temporary employee to a maximum of only three (3) consecutive months to cover a position where the Company is actively seeking a full-time permanent replacement.
(b) Notwithstanding 4.6 (a) above, the Company may employee a temporary employee for a period of twelve (12) months to cover an absence due to maternity/paternity leave or an undetermined leave in relation to Long Term Disability.
(c) At time of hiring, the Company shall provide notice to the employee, with a copy to the Union, which shall state the intended duration of employment.
(d) Group Benefits provisions of Article 44 and maternity benefits of Article 38 shall not apply to such employee during any period of temporary employment.
(e) During such period of temporary, part-time employment, the thirty-two (32) hour restriction set out in Article 4.3 shall not apply.
4.6.1 A casual employee is defined as a person who is employed on an irregular basis.
4.6.2 The Company agrees not to use casual or temporary employees if it directly results in the lay-off of a full-time or part-time employee or directly results in the extension of the lay-off of any qualified and available employee. Further to this, the Company also agrees that it will not use casual or temporary employees to avoid its permanent staffing requirements.
4.6.3 Any employee who exceeds the hours of work limited as set out in 4.3 above, shall become a full-time, permanent employee and shall be covered by all provisions of this Agreement, effective the first day of the month following the reporting period in which such excess hours occurred.
4.6.4 Where a full-time or part-time employee is on lay-off and there is casual work available within that employee's classification, the Company will make a reasonable effort to recall that employee to perform casual work within the employee's classification. Article 20.8 to 20.11 (Re-engagement) will apply to such work.
4.7 Casual employees shall not be subject to the terms and conditions of the Collective Agreement but they shall pay Union dues in accordance with Article 7 of this Agreement.
4.8 The parties recognize there are business and other operating requirements which necessitate overtime work being performed. The Company, however, will not require employees to work an excessive amount of overtime.
4.9 Where an employee is required to work overtime, he/she may ask to be relieved from the overtime requirement. Where the Company determines it can reasonably grant such a request, it will do so.
4.10 Where an employee is required to work overtime, he/she shall be compensated for such time as follows:
(a)
Secretarial, Clerical, Traffic and Sales Assistants:
(b)
For All Other Employees:
Should the time worked exceed twelve (12) hours in any single tour of duty, all hours worked in excess of twelve (12) hours will be paid at two (2) times the basic rate.
4.11 All overtime, in order to qualify for overtime compensation, must be authorized or approved in advance by a designated supervisor or department manager.
4.12 A tour of duty shall mean the authorized and/or approved times worked during a day, with a minimum credit based on three (3) hours at the employee's hourly rate of basic pay. If a tour of duty extends beyond midnight of the day on which it commenced, it shall be considered as falling wholly within the calendar day in which it starts.
Wage Schedule and Wage Provisions
4.13 Part-time employees shall be paid at an hourly rate based on the Salary Groups and Schedules set out in Article 45 of this Agreement, as a minimum pay requirement and further subject to the following:
(a) At the time of hiring new part-time employees, the Company shall determine the salary step at which such employees shall commence employment.
(b) Part-time employees shall advance at least one salary step upon accumulation of: (i) 1,950 hours of work in the case of employees as set out in Article 26.2 (a) or: (ii) 2,080 hour of work in the case of employees as set out in Article 26.2 (b).
4.14 Progression up the wage schedule, based on hours worked shall occur where the employee's performance justifies the progression.
4.15 Employees shall complete their time sheets at such times as prescribed from time to time by the Company.
4.16 A breakdown of overtime hours shall be shown on pay stubs.
4.17 Each year the Company will indicate, on the T4 issued to employees, the total amount of Union dues which were deducted in respect of the taxation year. All T4 slips will be issued no later than the last calendar day of February.
CFRN Regional News Correspondents
4.18 The provisions of Articles 4.3, 4.13 and 4.14 above shall not apply to part-time employees engaged as Regional News Correspondents. In lieu of such minimum pay requirement, the Company shall pay to Regional News Correspondents a minimum amount for each news item filed as follows:
(a) Upon ratification - $135.00 (b) 1 year after ratification - $140.00 (c) 2 years after ratification - $145.00
4.19 In addition to the exceptions set out in Article 4.2, part-time employees engaged as Regional News Correspondents shall not be subject to overtime and premium provisions contained in the following Articles:
(a) Article 27 - Scheduling
4.20 Notwithstanding the provision of Article 4.19(b), in the event a Regional News Correspondent is assigned to news stories after having been working for eight (8) hours during any day, the employee shall be paid at the one and one-half (1½) times rate for each hour so assigned. For the purposes of this Article, an hourly rate shall be determined by dividing the news story payment by eight (8).
4.21 Notwithstanding the provisions of Article 4.2, part-time employees with CFRN, employed as Regional News Correspondents, will be eligible for Clothing Allowance as outlined in Article 47.
Vacations and Vacation Pay
4.22 The following vacation and holiday provisions shall apply to part-time employees:
(a) A part-time employee who has completed the equivalent of a minimum one (1) year of part-time service with the Company, computed as of August 31st of each calendar year, shall receive six percent (6%) of his/her basic wages as vacation pay.
4.23 Requests for vacation must be submitted to the Company in writing a minimum of one (1) month prior to the date requested. Submissions must be made to the employees' immediate supervisor or designate and will be approved in accordance with operational requirements, and shall not be unreasonably denied.
Legal Holiday and Payment
4.24 The following
shall be paid holidays:
Plus any day duly proclaimed by the Federal Government as a statutory holiday.
4.25 An employee is not entitled to be paid for a holiday on which he/she does not work unless he/she has worked for at least fifteen (15) tours of duty during the thirty (30) calendar days immediately preceding the holiday.
4.26 Pay for a holiday shall be calculated on the basis of the average of the employee's daily earnings, exclusive of overtime, for the twenty (20) days he/she has worked immediately preceding the holiday.
4.27 Where an employee is required to work on a holiday, he/she shall be paid the holiday pay to which he/she is entitled plus one and one-half (1½) times for the first eight hours worked and two (2) times for any hours worked in excess of eight hours worked.
Company Seniority
4.28 Seniority for part-time employees shall be based on actual hours worked as a part-time employeefrom the date of last hire with the Company.
4.29 Where a part-time employee has been assigned to full-time status, he or she shall be given seniority and service credit for part-time hours worked.
4.30 Part-time employees shall have seniority only with the part-time group of employees.
4.31 Where a part-time employee has not worked for the Company during any consecutive ninety (90) calendar day period, he/she shall be deemed to be no longer employed by the Company.
4.32 A part-time employee who has subsequently been hired as a full-time employee shall serve the full-time probationary period defined in Article 3.5.
4.33 Cable Deletion personnel shall have seniority status under this Article only in respect of Cable Deletion. Nothing in this Agreement shall be construed to mean such personnel have any entitlement in respect of full-time or part-time positions at CFCN Television, Broadcast House. Where a part-time Cable Deletion employee is assigned to full-time status as a Cable Deletion employee, he or she shall be given seniority and service credit for part-time hours worked. Cable Deletion personnel in the employ of the Company at the date of signing this Agreement hired into a full-time position, other than Cable Deletion shall be given fifty (50%) percent seniority and service credit for part-time hours worked in Cable Deletion.
Full Time Opportunities
4.34 Where a vacancy occurs in a full-time position, the Company shall give preference in hiring, over outside candidates, to a part-time employee, provided the employee in question possesses equal or greater ability, skill, potential and competence to perform the duties of the full-time position.
4.35 Part-time employees shall be entitled to enroll in the Company's insured Health and Welfare plans as referred to in Article 44 of this Agreement, subject to the cost sharing arrangement as set out in Article 44.2 of this Agreement and subject to the following conditions:
(a) Eligibility for enrolment dates shall be January 1st and July 1st of each year.
(b) The employee must have worked an average of twenty four (24) hours per week during the preceding six (6) month period. For greater clarity, the employee must have worked six hundred twenty four (624) hours during the qualifying period. Notwithstanding the foregoing, employees covered by Article 26.2(a) of this Agreement will be subject to an average of twenty two and one-half (22½) hours per week during the preceding six (6) month period. For greater clarity, such employees must have worked five hundred eighty five (585) hours during the qualifying period.
(c) Assigned vacations, statutory holidays and authorized leave of absence shall be considered as time worked for the purposes of paragraph (b) herein.
(d) The Company may, in its absolute discretion, enrol or continue to enrol an employee in the insured Health and Welfare Plans, notwithstanding that an employee may not qualify for enrolment or continuing enrolment pursuant to paragraph (b) herein.
Jurisdiction
5.1 It is recognized that circumstances and conditions exist and will continue to exist which may necessitate the use of non-bargaining unit personnel to carry out work covered by this Agreement, such work having been performed exclusively by bargaining unit employees in the past.
5.2 Notwithstanding the provision of Article 5.1, the Company agrees that it shall not assign non-bargaining unit personnel to the extent that the same would result in, or significantly contribute to, the lay-off, displacement (bumping) or reduction of scheduled hours of a bargaining unit employee in the employ of the Company.
5.3 The Company shall be free to assign work or functions performed by members of the bargaining unit to non-bargaining unit employees of the Company on an occasional basis. The Company agrees that preference will be given to qualified bargaining unit members and that the assignment of duties will not be unreasonably assigned to non-bargaining unit personnel. The preceeding shall not be seen as a requirement for the Company to alter its existing practices regarding assignment of duties to non-bargaining unit employees.
5.4 Without restricting the generality of Articles 5.1, 5.2 and 5.3, it is understood that:
5.4.1 The Company may enter into separate contracts to obtain goods and services in the following areas:
(a) Recognized professional services such as surveys, inspections, appraisals, legal functions and auditing functions.
(b) Janitorial and security functions.
(c) Construction, upgrading or renovations of physical plant and facilities.
(d) Maintenance of rebroadcast transmitters.
(e) Cases of expertise not resident in the bargaining unit. Wherever possible, the Company shall make efforts to develop such expertise within the bargaining unit.
(f) Those contracts required for a specific purpose and a limited term, although they may be renewable, which are necessitated by commercial or program production, which is not of an ongoing, permanent nature.
(g) Where an outside production client specifically requests the services of a third party to perform work in connection with a production or where it is necessary to engage a third party in order to secure a production contract. Such services shall be limited to Director or Camera.
(h) Outside employment agency personnel may be hired by the Company to perform the work of Secretary and Clerk/Typist job classifications and shall be excluded from all provisions of the Collective Agreement provided that the duration of employment is less than one (1) month. The Company shall remit on behalf of such personnel, an amount equivalent to Union dues as set out in this Agreement.
(i) The Union agrees to allow the use of students on practicums to perform bargaining unit work or function. Students shall not be used in order to replace a bargaining unit employee on vacation, sick leave or any other leave, or to avoid the payment of overtime or premiums to bargaining unit employees. The use of students on practicums shall not deny access to hours of work that would otherwise be assigned to qualified bargaining unit employees.
(j) Real time closed captioning functions.
5.4.2 The Company shall be free to enter into personal employment contracts with individuals who perform the functions of Program Host. Such individuals shall be excluded from all terms and conditions of this Agreement, provided that:
(a) the total number of such contracts shall not exceed two (2); and
(b) The Company shall pay to the Union, an amount equivalent to Union dues as set out in this Agreement, on behalf of such individuals.
5.4.3 The Company shall not use non-bargaining unit personnel as set out in Articles 5.4 through 5.4.2 if such action:
(a) results in the lay-off or displacement (bumping) of a bargaining unit employee; or
(b) results in the failure to recall a laid-off bargaining unit employee; or
(c) results in the failure to fill a full-time bargaining unit position or a part-time position; or
(d) results in a reduction in scheduled hours to a bargaining unit employee. |
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Management Rights
6.1 The Union acknowledges that the Company has the exclusive right to manage the affairs of the Company and that all rights shall remain exclusively with the Company except as modified by a provision of this Agreement. Without restricting the generality of the foregoing the Union acknowledges that it is the exclusive right of the Company:
(a) to set the broadcasting policy and broadcasting standards of the Company;
(b) to hire, promote, demote, lay off, transfer, reclassify and suspend employees; and also the right of the Company to discipline or discharge any employee for just cause, provided that a claim by an employee, who has acquired seniority, that he/she has been disciplined, discharged or suspended without cause, may be the subject of a grievance and dealt with as hereinafter provided;
6.2 The Union further acknowledges the right of the Company to operate and manage its business, control its properties and maintain order on its premises in all respects in accordance with its commitments and responsibilities. The direction of the working forces, the amount and type of supervision necessary, the number and types of machines and technical equipment, procedures and standards of operations, the content of programs, judgement and evaluation of personnel qualifications, the right to decide on the number of employees needed by the Company at any time, operating schedules and the selection, procurement, design and engineering of equipment which may be incorporated into the Company's plant, including the change of any or all of the foregoing, from time to time, control over all operations, buildings, machinery, equipment and employees, are solely and exclusively the responsibility of the Company.
6.3 All of the above shall be exercised subject to the terms and limitations of the provisions of this Agreement.
Union Security and Dues
CALGARY ONLY
A7.1 No employee shall be required as a condition of employment or continuing employment to become or remain a member of the Union.
A7.2 During the term of this Agreement, the Company agrees to deduct bi- weekly from each bargaining unit member:
(a) an amount equal to the regular union dues as established by the Union; and (b) any assessments in addition to the regular union dues as approved by the members of the local union.
(b)The Company shall be given at least thirty (30) calendar days notice by registered mail in the event of a change in the regular union dues and/or a request for the deduction of an assessment.
A7.3 The deductions are to be based on the gross bi-weekly earnings of every employee in the bargaining unit. The rate of deductions will be at an amount determined by the Union. The Company will be notified by registered mail of any changes in the present rate of deductions.
A7.4 Amounts deducted hereunder shall be paid by cheque, payable to the Union, and remitted by mail to the Union before the 15th day of the month following the month in which the dues have been deducted. When submitting such remittance the Company shall provide to the Union a statement showing the following:
(a)the name and classification of each bargaining unit employee;
(b)the amount of dues deducted from each employee's base salary;
(c)the amount of dues deducted on each employee's additional earnings;
(d)the name of any employee who has left or joined the Company since the last dues remittance.
A7.5 The Union shall indemnify the Company and save it harmless from any and all claims which may be made against the Company by an employee or employees for amounts deducted from wages as provided by this Article.
A7.6 Notwithstanding Article A7.4, it is agreed that when remitting dues, the Company is not required to identify specific amounts which relate to over-scale earnings of an employee assigned to Classification 11 (Anchor). However, at no cost to the Union, there will be provided annually to the Union an audited statement certified by a chartered accountancy firm that the amounts deducted from each employee within Classification 11 (Anchor) and remitted to the Union were in accordance with the provisions of Article 7.
Union Security and Dues
EDMONTON ONLY
B7.1 All employees shall become and remain members of the Union.
B7.2 Each employee shall be required, as a condition of continued employment, to pay to the Union a sum equal to the Union's monthly dues as may be established from time to time. Such sums shall be deducted from the employee and remitted to the Union by the Company bi-weekly.
B7.3 When submitting the remittance set out in Article B7.2, the Company shall provide to the Union, a statement showing the name of each bargaining unit employee, the total amount of dues deducted from each employee for the previous biweekly pay period and the gross earnings of each employee. In addition, such statement shall show the total amount of dues deducted from all bargaining unit employees as a group, with a further breakdown showing the portion of such dues that were deducted from base pay.
B7.4 The Union shall admit to its membership any employee of the Company and shall not discriminate against any employee.
Non-discrimination
8.1 The Company and the Union agree that neither party will interfere with, restrain or coerce the employees covered by this Agreement because of membership or non-membership, or activity or non-activity on behalf of the Union.
8.2 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 non-membership in or lawful activity on behalf of the Union, nor will it encourage or discourage membership in the Union.
8.3 Employees shall enjoy equal rights under this Agreement regardless of sex, colour, racial, ethnic or national origin, religious or political affiliation, or sexual orientation.
8.4 The Union agrees that it will not discriminate against any employee because of his/her nonmembership in the Union.
8.5 The Union will not take action against a member of the bargaining unit who is employed in a supervisory capacity unit for any action taken when carrying on such supervisory duties for the Company, but this shall not be construed to prevent the filing of a grievance in respect of grievable actions of any such employee who is acting in a supervisory capacity in carrying on his/her duties for the Company.
8.6 The Company and the Union acknowledge that every employee of the Company is entitled to employment that is free of discrimination and sexual harassment as defined in the Canadian Human Rights Act. The Company and the Union shall make every reasonable effort to ensure that no employee is subjected to such actions in the workplace.
8.7 Upon request, news employees shall be given the reason for substantive changes to their material. Where, in the Company's opinion it is possible to do so, such reasons will be given before broadcast.
8.8 No criticism or retraction of an employee's work will be broadcast without first presenting such criticism or retraction to the employee, where, in the Company's opinion, it is reasonably possible to do so.
Grievance Procedure
9.1 For the purpose of this Agreement a grievance shall be defined as any difference between the Parties or persons bound by this Agreement regarding the interpretation, application, administration or any alleged violation of this Agreement. A grievance will be defined as either:
(a) Individual Grievance - A grievance in where the subject matter is personal to the employee and shall be submitted at Step 1 of the grievance procedure.
(b) Policy Grievance - A grievance submitted by the Union in where the subject matter raises issues of an interpretive nature and may have possible future ramification. It is understood that;
(i)Such a grievance will not deal with matters which are properly the subject of an individual grievance.
(ii)In terms of relief, a union policy grievance is limited to a declaration only.
(iii) A Union policy grievance will be submitted at Step 2.
(c) Group Grievance - A group grievance is where a number of employees with identical subject-matter grievances join together in filing their grievances. A group grievance shall be submitted at Step 1 of the grievance procedure.
9.2 Either Party shall inform the other, in writing, five (5) days prior to any meeting, of any change that may be necessary in the personnel of the Grievance Committee. The five (5) days notice may be waived upon mutual agreement of the Parties.
9.3 All time periods referred to in the grievance and arbitration procedures shall be considered mandatory and shall refer to working days and shall not include Saturdays, Sundays and Company recognized holidays. All time periods may be extended by mutual agreement of the Parties.
9.4 Where a grievance is of an individual nature, an employee shall first give his/her Manager an opportunity to deal with his/her complaint.
9.5 If an employee, the Union, or the Company has a grievance, then an earnest effort shall be made by the Parties hereto to settle the grievance without delay and all grievances, disputes and misunderstandings shall be adjusted and settled without a stoppage of work as follows:
(a) Step 1 - An employee shall submit his/her grievance to the Department Head, or in the absence of the Department Head, to the Division Manager, in writing. The grievance shall be submitted within ten (10) days from the date the employee became aware or ought to have become aware of the occurrence giving rise to the grievance. The Department Head and/or Division Manager, on receipt of the grievance, shall attempt to settle the grievance with the employee and the employee may, if he/she so elects, have a member of the Union with him/her to represent or assist him/her. A written grievance shall set out the nature of the matter complained of, the provisions of the Agreement allegedly violated and the remedy sought.
(b) Step 2 - If the grievance is not settled within ten (10) days of it being initiated at Step 1, it shall be referred to the Company Grievance Committee and the Union Grievance Committee who shall attempt to resolve the grievance within the next ten (10) days.
(c) Step 3 - If the grievance is not settled at Step 2, the grievance may, on written notice of either Party, but within the next ten (10) days, be submitted to arbitration by sending notice to the other Party, naming a sole Arbitrator from one of the persons named herein. The notice of the grieving Party submitting the grievance to arbitration shall contain a brief statement of the nature of the difference, controversy or dispute and identifying the Article or Articles of the Collective Agreement alleged to have been violated.
(d) Where a grievance arises as the result of a discharge, it may be submitted at Step 2 as set out in (b) above, within ten (10) working days of the employee becoming aware of such discharge.
9.6 The Union Grievance Committee shall consist of not more than two (2) members, at each location, of the local Union. It is agreed that all grievances except policy grievances will be dealt with at the location from which they originated. Policy grievances may be dealt with at either location.
9.7 Where a grievor is required to attend a grievance meeting with the company, he/she shall suffer no loss of regular pay or benefits as a result of attending such a meeting.
9.8 Where the Union or the Company chooses to submit a policy grievance, this grievance shall be referred to the Company Grievance Committee and the Union Grievance Committee, who shall attempt to resolve the grievance. Any such grievance shall be submitted within thirty (30) days from the date the Party became aware of the occurrence giving rise to the grievance. If the grievance is not settled within ten (10) days, the grievance may be submitted to arbitration by sending notice to the other Party to this Agreement. Such notice requirements are as set out in Article 9.5 (c). It is agreed that this provision shall not be used where the matter is properly an individual grievance.
Arbitration
10.1 Should either Party refer a grievance to arbitration pursuant to Article 9.5(c), it is agreed that all grievances shall be heard by a single arbitrator unless the Parties mutually agree in writing to submit any such grievance to a three person board of arbitration.
10.2 The selection of a single arbitrator shall be on a rotating basis, provided that if the Arbitrator selected is not available to act within sixty (60) calendar days, the next named Arbitrator shall be requested to act in his/her place, and so on until an Arbitrator is selected. Once an Arbitrator has acted on a grievance, his/her name shall be placed at the bottom of the list of Arbitrators. The selection of an Arbitrator shall be made from the following in turn:
(a) Allan Beattie (b) Allen Ponak (c) Andy Sims (d) John Moreau
10.3 Where arbitration will be by a board of arbitration, the two (2) nominees shall, within ten (10) days of the appointment of the second of them, select and appoint a third person to act as Chairman of the board of arbitration pursuant to Article 10.2. No person shall serve as a member of a board of arbitration where that person has an interest in the dispute.
10.4 Where an Arbitrator determines that an employee has been improperly discharged or disciplined, the Arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator deems just and reasonable in the circumstances.
10.5 A decision of an Arbitrator or a Board of Arbitration as the case may be shall be final and binding upon the Parties. The Board may not by its decision modify, waive, abridge, alter or extend any of the terms of this Agreement, nor render a decision which is inconsistent with the terms of this Agreement.
10.6 Each Party to the arbitration shall bear his/her own expenses and costs of arbitration and one-half (½) of the fees and expenses of the sole arbitrator. The Parties agree that the Union shall be responsible for payment of salary to any employee called as a witness on behalf of the Union or grievor in any labour arbitration or hearing.
Strikes or Lock-outs
11.1 There shall be no strikes or lockouts during the term of this Agreement and thereafter while negotiations are under way for a renewal or extension thereof, and the Union shall not during the aforementioned period authorize, call, encourage, support or take part in any strike, walk-out, stoppage, slowing down or other cessation of work, until there has been compliance with the requirements of the Canada Labour Code.
11.2 The Company shall not require employees to cross a picket line at any television station, transmitter (excluding rebroadcast transmitters), studio or station property where a legal strike or lockout of any person whose functions correspond to those covered by this Agreement is in progress. The Company shall not require any member of the bargaining unit to originate or feed a program or programs not normally fed to such facility, but nothing precludes non-bargaining unit personnel from doing so. The Company shall not require any member of the bargaining unit to perform the duty of other workers engaged in a lawful strike or lockout.
Notification
12.1 The Company shall within seven (7) calendar days, mail to the designated CEP office, with a copy to the Local Union, notification with respect to the following:
(a) The name, job classification, hiring date and wage grid level of each employee hired in a bargaining unit position.
(b) The name of each bargaining unit employee who is promoted or terminated.
(c) The name of each employee who is issued a Notice of Dissatisfaction.
12.2 The Company shall provide to the Union no later than thirty (30) calendar days prior to the expiry of this Agreement, a list of employees showing their names, job classifications, seniority and current salaries.
Union/Company Committees
13.1 The Union and the Company shall exchange in writing, the names of their Negotiating, Grievance, Safety, Joint Consultative Committee members and Educational Trust Fund Trustees.
13.2 There shall be a Joint Consultative Committee at each location for the purpose of reviewing and discussing matters of mutual concern relative to the employees and the Company. This Committee shall not be empowered to alter or abridge any of the terms and conditions of the Collective Agreement but may make joint recommendations to the Union and the Company. The Committee meetings shall be held at the call of either Party on a mutually agreeable date.
13.3 There shall be a Health and Safety Committee, comprised of two (2) representatives of the Company and two (2) representatives of the Union at each location. The terms of reference for the Committee shall be in accordance with the provisions of the Canada Labour Code.
13.4 The Union agrees that whenever possible, it shall avoid the appointment of more than one employee from a Company section to serve on a Committee as set out in Article 13.1 above. Should it become necessary to appoint more than one employee from a section to serve on a Committee, the Union shall give reason(s) to the Company, in writing, explaining why such action was necessary. A "section" is comprised of one or more employees who are responsible to a particular supervisor.
Union Leave
14.1 Union Representatives shall be entitled to leave without loss of pay to attend Union/Company Committee meetings as set forth in Article 13, subject to the following:
(a) Two (2) Representatives from Calgary and two (2) Representatives from Edmonton, plus the Local Union President for negotiations.
(b) Two (2) Representatives from Calgary and two (2) Representatives from Edmonton for Educational Trust Fund Meetings.
(c) Two (2) Representatives at each location for Grievance, Safety and Joint Consultative Committee meetings.
14.2 Union Representatives shall be entitled to a reasonable amount of leave, at reasonable times, without loss of pay, to discuss and process matters requiring immediate attention, to process any grievance and/or business arising out of the operation of this Agreement originating only at the Union Representative's location.
14.3 The Company shall make a reasonable effort to ensure Union Representatives who attend negotiating meetings and arbitration/labour board hearings are not required to return to work if such meetings/hearings are not concluded by 13:00 hours on the day in question, subject to operational requirements and provided no overtime shall be incurred.
14.4 Leave without pay shall be granted for a reasonable period of time to a Union Representative in order to conduct Union business not covered by Articles 14.1 and 14.2 above, subject to the following:
(a) Approval for such leave shall be subject to the operational requirements of the Company and reasonable advance notice of such leave shall be provided by the Union.
(b) The Union shall reimburse the Company for such leave at the Union Representative's hourly rate for the period of the leave or the cost of replacing the Union Representative, whichever is the greater.
(c) Such leave shall not exceed a maximum aggregate total of forty (40) working days in any calendar year. Notwithstanding the foregoing, in a year when a CEP National Convention is scheduled, the maximum aggregate total of days shall be increased by ten (10) to be used for the purpose of attending the Convention.
(d) Upon request by the Union, the Employer will provide leave without pay for two (2) representatives from Calgary and two (2) representatives from Edmonton, plus the Union President, for a period of three working days for the purpose of pre-negotiation meetings.
14.5 "Union Representative" shall be defined as any Union member duly appointed by the Local Union Executive Board to carry out the business of the Union.
Bulletin Boards
15.1 The Company agrees to the posting by the Union, on Company bulletin boards of announcements regarding elections, meetings, negotiation developments and the internal affairs of the Union, provided that such announcement is first submitted to the Company for authorization and authorized and such announcement shall not be altered by either Party thereafter. Company authorization shall not be unreasonably withheld.
Union Access to Premises
16.1 Where an accredited Union official wishes access to the Company's premises, he/she shall make his/her request to the Company's Manager of Human Resources not later than twenty-four (24) hours in advance.
16.2 The time period referred to in Article 16.1 may be waived in specific instances by arrangement between the Union representative and the Company representative. At the time the request for access is made, the person making the request shall indicate the reason for which access is requested.
16.3 A request made for access under this Article shall not be unreasonably denied.
16.4 In the event the Company denies such access, it will provide its reasons to the Union official who had made the request for access, at the time access is denied.
Seniority
17.1 Seniority shall be defined as the length of continuous full-time employment from the last date of hire with the Company. The seniority lists for Calgary and Edmonton shall be considered separate for all purposes.
17.1.1 Seniority shall not be established until the probationary period or any extension thereof as set forth in Article 3.5 has been served, but shall then count from the date of engagement.
17.2 Seniority will accumulate during any approved leave of absence, except as provided in this Agreement. Seniority shall not accumulate during lay-off.
17.3 Seniority rights of an employee shall cease, all rights forfeited and he/she shall be deemed terminated for any of the following reasons:
(a) Leaves of his/her own accord or is retired;
(b) Is discharged;
(c) Where he/she has been laid off and not re-called to work within the time periods set forth in
(d) He/she overstays any leave of absence granted by the Company;
(e) Fails to return to work within seven (7) calendar days from the date the notice to return was delivered to the employee's last known address.
17.4 Seniority rights shall apply only to layoffs, re-call of laid off employees, promotions, transfers, salary administration, refusal of overtime and allocation of vacations. However, in respect of promotions and transfers, the application of seniority rights shall be in accordance with Article 18.3 of this Agreement.
Vacancies, Promotions and Transfers
18.1 Where the Company decides that a position is to be filled, the Company shall post such vacancy at least five (5) working days in advance of filling the position.
18.1.1 Notwithstanding the provisions of Article 18.1, the Company shall not be required to post vacancies for part-time positions in the following circumstances:
(a) where the duration of employment is for three (3) months or less, provided that such position shall be posted in accordance with Article 18.1 if its duration exceeds three (3) months; or
(b) where the hours of work are less than twelve (12) hours per week, provided that such position shall be posted in accordance with Article 18.1 if the hours exceed twelve (12) per week, averaged over twelve (12) consecutive weeks.
18.2 Employees may make application for such position during the posting period. Applicants shall be considered on the basis of the criteria set forth in Article 18.3. Such applications shall be made in writing to the Manager of Human Resources or his/her designate. The Company shall acknowledge applications in writing, stating its decision.
18.3 Promotions and transfers within the bargaining unit shall be based on ability, skill, potential, competence and seniority; provided that where all other factors are equal, seniority shall prevail.
18.4 An employee who is promoted or transferred from a classification within the bargaining unit to another classification within the bargaining unit shall serve a probationary period of three (3) months in the new classification. The Company shall have the option of returning the employee to his/her former classification during the probationary period without loss of seniority upon its own initiative or upon the request of the employee. At the conclusion of the successful probation period, the employee shall be advised in writing that his/her transfer has been made permanent.
18.5 Without his/her consent, but subject to other provisions of this Agreement, no employee shall be transferred or re-assigned to another job classification for a period exceeding three (3) months in any twelve (12) month period and no employee shall be penalized for refusing such transfer, promotion or re-assignment. It is agreed that this provision shall have no application when the Company decides to transfer or re-assign an employee to fill a temporary vacancy or a vacancy caused by an employee going on an extended leave of absence (i.e. sick leave, maternity, paternity leave) pursuant to the provisions of this Agreement. The foregoing shall not be considered a limitation on the Company's right to assign duties in the event that two (2) or more job functions are combined. If the Company assigns duties that combine two (2) or more job functions, the employee will receive the highest of the two or more wage rates applicable to the combined duties.
18.6 When an employee is promoted into a higher-rated job classification, he/she shall be placed on the higher salary scale at the level next highest to his/her previous salary.
18.7 For any jobs that are posted pursuant to this Article, it is agreed that the Company may fill such jobs temporarily in its discretion during the posting process and until the successful applicant commences employment in the position.
18.8 Where, in the Company's opinion, there is no applicant who satisfactorily meets the qualifications for the posted position, the Company may hire from any source.
Career Development
19.1 It is recognized by the parties that it is to the advantage of the employees in regard to career development and that it is in the Company's interests to maintain flexibility for employees in the performance of job functions other than those within the classifications to which an employee is normally assigned.
19.2 Assignment of an employee to a job other than the job the employee normally performs will be subject to Article 32 (Upgrading).
Layoff and Recall
Lay-Offs
20.1 Where lay-offs are to be made, the Company shall determine what jobs are to be left vacant or abolished, and the number of employees to be laid off.
20.1.1 When lay-offs are to be made, such lay-offs shall proceed in reverse order of Company seniority within those job classifications affected.
20.2 Any employee scheduled for layoff from one job classification who can meet the qualifications of another job classification, as established by the Company, may apply his/her Company seniority and bump to such classification.
The qualifications shall, amongst other relevant factors, include experience, skill, ability, and training/education. The qualifications shall be established in a bona fide, non-arbitrary and non-discriminatory manner.
20.2.1 An employee who wishes to apply his/her Company seniority and bump to another job classification, shall give notification of the same in writing to the Company within seven (7) calendar days of lay-off notice having been received. The notification shall state the job classification to which the employee wishes to bump.
20.2.2 The right of an employee to bump as set out in Article 20.2 shall include the right to bump to a part-time job classification, provided the employee scheduled for lay-off has at least as much seniority as the part-time employee whom the full-time employee seeks to displace. The employee wishing to bump must be able to meet the qualifications as established by the Company.
When seeking to apply his/her seniority to bump/recall to part-time status, subject to meeting the qualifications as established by the Company, the laid-off full-time employee may seek to apply his/her seniority to available part-time hours to the extent as defined in Article 4.3.
20.2.3 The right of an employee as set forth in Article 20.2.2 shall only be available to a qualified employee who has elected to retain his/her seniority rights. Such an employee shall not accumulate full time seniority while employed on a part-time basis pursuant to this Article.
20.3 The Company shall provide layoff notice to an employee and the Union as follows:
(a) an employee who has less than one (1) year of seniority at time of lay off shall receive two (2) weeks notice, or pay in lieu thereof; or
(b) an employee with one (1) but less than five (5) years of seniority at time of lay off shall receive four (4) weeks notice, or pay in lieu thereof; or
(c) an employee with five (5) but less than ten (10) years of seniority at time of lay off shall receive five (5) weeks notice, or pay in lieu thereof; or
(d) an employee with ten (10) or more years of seniority at time of lay off shall receive six (6) weeks notice, or pay in lieu thereof.
20.4 The Company agrees that it will not consistently schedule overtime in an effort to bring about or extend a layoff.
20.5 Salary Administration
(a) An employee who has exercised his/her rights under Article 20.2 and who is to be placed in a lower salary classification, shall continue to receive his/her former salary for a period of six (6) months, and then such employee shall be placed in the new classification salary scale at the step which is closest to but not greater than his/her previous salary step. Should an employee's anniversary date fall within the six month period, salary advancement shall take place on the former salary scale in accordance with the provisions of Article 45 of this Agreement. Where no equivalent step is available in the new classification, the employee shall be placed at the top level in the new classification.
(b) An employee who has exercised his/her rights under Article 20.2 and who is to be placed in an equivalent or higher salary classification shall be placed at the closest salary step, provided that it is not higher than the employee's former salary.
20.6 An employee who has been laid-off and who has been employed for a continuous period of twelve (12) months or more, shall be paid severance pay at a rate of three (3) weeks pay for each full year of continuous service with the Company.
Severance pay shall be limited to an amount represented by forty-eight (48) weeks times the employee's basic weekly pay.
20.6.1 The above severance payment shall be deemed to include any severance payment required pursuant to any statute. Acceptance of severance pay will be deemed termination of employment.
20.7 While an employee is laid off, the Company will provide an extension of medical and group insurance, with the exception of Long Term Disability, benefit coverage for a period of six (6) months and will pay 100% of the costs of the employee's medical and insurance benefits contained in Article 44 for a period of six (6) months. In the event the employee secures alternative employment within this six (6) month extension period, the aforementioned benefits will cease. It is the responsibility of the employee to advise the Company promptly when he/she secures other employment.
20.8 Employees will retain seniority and have recall rights for a period of twelve (12) months.
20.9 When vacancies occur within a job classification, the Company agrees to re-engage employees who have been laid off within the job classification in order of Company seniority, provided the senior employee is then qualified to perform the work to be performed.
20.9.1 Where a full-time employee is on lay-off and a part-time position or casual work becomes available, the Company will give first consideration to offering the opportunity to the full-time employee on lay-off, providing the full-time employee can meet the qualifications as established by the Company. Such employee's seniority, and right to re-engagement to a full-time position shall not be affected by the employee accepting a part-time position or casual work.
20.10 If an employee is recalled or re-engaged within six months of layoff, seniority shall be considered unbroken.
20.11 For all posted vacancies, the Company's responsibility will be considered to be fulfilled if the Company gives notice in writing, delivered to the employee's last known address. Once recalled, the employee must return to work within seven (7) calendar days from the date the notice was delivered, or such longer period as may be agreed to in writing between the Company and the employee
Performance Reports
21.1 Notwithstanding the rights to discipline an employee as defined in Article 6.1 of this Agreement, where dissatisfaction arises with respect to an employee's work performance that could have subsequent detrimental effect on his/her promotion or future employment, the following shall apply:
(a) The Company shall give notice in writing to such employee, confirming the reasons for such dissatisfaction and stating action taken or to be taken. Such notice shall be clearly marked, "Notice of Dissatisfaction" and the Company shall make reference to Article 21.1 (c) of the Collective Agreement in giving such notice.
(b) Such notice as outlined in (a) above, shall be given within ten (10) working days of such dissatisfaction being brought to the attention of the Company.
(c) The Company shall afford the employee the opportunity to reply to a Notice of Dissatisfaction in writing, within ten (10) working days from receipt of such notice.
(d) All written notice and any response from the employee shall become a part of such employee's record.
(e) The Company shall notify the Union, in writing, of the name of an employee to whom a Notice of Dissatisfaction has been served in accordance with sub-Article (a) above. The Company shall notify the Union no later than 17:00 hours of the next working day after the Notice of Dissatisfaction being given to the employee.
(f) Notwithstanding the provisions of Article 9.5 (a) of this Agreement, where the Company fails to issue notice to the Union in accordance with Article 21.1 (e) above, the time period for submission of a grievance related to the Notice of satisfaction shall not commence until such notice to the Union is provided by the Company.
21.2 The Company agrees not to use any previous disciplinary action against an employee that is more than two (2) years old.
21.3 An employee shall have access to his/her personal record in the presence of the Manager of Human Resources or his/her designate during office hours, within a reasonable period of time from his/her request for such access.
21.4 An employee shall have the right to have a Local Union representative present at any discussion with a supervisor or manager where the employee is to receive a Notice of Dissatisfaction, and/or a suspension, demotion or discharge.
Dismissals and Resignations
22.1 Dismissal of an employee who has successfully completed his/her probationary period, or any extension thereof, shall only be for just cause. It is agreed that dismissal may be subject to the grievance procedure.
22.2 An employee, when resigning, shall give the Company two (2) weeks' notice in writing. During the notice period, the employee shall perform his/her duties in the normal way.
22.3 Notwithstanding anything to the contrary in this agreement, the Company expressly reserves the exclusive right to release from employment any employee who is assigned to the News Anchor classificatio | |||