Communications, Energy and Paperworkers Union of Canada (CEP) Local 723M -- Welcome to the Local 723M Website, representing the employees of City TV and CTV (the former CHUM Television group in Toronto).

Updated Collective Agreement
This is the current Collective Agreement for CEP Local 723M.

You may click on this link to view the Collective Agreement in *.pdf (Adobe Acrobat) format.

ARTICLE 1
Intent

ARTICLE 2
Definitions
Employee
Bargaining Unit
Employee Categories and Definitions
Probationary Employees
Part-Time Employees
Students and Volunteer Trainees

ARTICLE 3
Management Rights

ARTICLE 4
Union Rights
Dues Checkoff
Notices to Union
Union Access to Premises
Bulletin Boards
Leave for Union Activities

ARTICLE 5
Non-Discrimination

ARTICLE 6
No Strike Clause

ARTICLE 7
Grievance Procedure
Time Limits

ARTICLE 8
Corrective Action (Discipline)
Report on Performance

ARTICLE 9
Seniority Rights
Postings and Promotions
Discharge and Demotion
Layoffs
Re-engagement of Laid-Off Employees

ARTICLE 10
Jurisdiction, New Devices and Methods
Technological Change
Program Credits

ARTICLE 11
Employee Benefits
Sick Leave and Insurance Plan
Sick Days

Maternity/Adoption Leave
Employees with Child Care Responsibilities
Paternity Leave
Pension Plan
Special Leave
Witness or Jury Duty
Leave of Absence
Education and Training
Outside Activities

ARTICLE 12
Travel Provisions and Expenses
Transportation
Travelling Time Credits
Taxi Fare

Expenses
Definition of Location and Location Expenses

ARTICLE 13
Annual Vacation and Paid Holidays
Annual Vacations
Scheduling of Annual Vacation
Paid Holidays
Scheduling of Christmas and New Year's Holidays

ARTICLE 14
Hours and Scheduling of Work
Work Week
Agreed Schedules
Tour of Duty
Overtime Computation
Posting of Schedules
Scheduled Days Off
Work on Scheduled Days Off
Turnaround
Call Back
Temporary Upgrades
Night Differential
Excessive Hours and Safety

ARTICLE 15
Meal Periods and Break Periods
First Meal Period
Second and Succeeding Meal Period
Meal Displacement Penalty
Meals on Remotes
Rest Periods

ARTICLE 16
General Wage Provisions and Wages
Wage Groups and Classifications
Clothing Allowance
Seasonal Outerwear

ARTICLE 17
Effective Date and Duration

ATTACHMENT NO. 1
Agreed Schedule Form

NON-DISCRIMINATION/ HARASSMENT POLICY

LETTER OF UNDERSTANDING NO. 1
Videographers

LETTER OF UNDERSTANDING NO. 2
Outside Activities - Independent Production

Map Re: Article 12.2.1

LETTER OF AGREEMENT #1
Steadicam Premium

LETTER OF AGREEMENT #2
Right to Refuse Overtime

LETTER OF AGREEMENT #3
Right to Refuse Work on a Day Off

LETTER OF AGREEMENT #4
Rest Periods - Reception

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COLLECTIVE AGREEMENT


Between


CITY TV / CTV LTD, Toronto


-and-


COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA


NOVEMBER 1, 2006

To

OCTOBER 31, 2009

THIS AGREEMENT executed between


Bravo!, CHUM TelevisionInteractive, Citytv, Drive-In Classics, FashionTelevisionChannel, MuchLOUD, MuchMoreMusic, MuchMusic, MuchVibe, MuchMoreRetro, SexTV: The Channel, Space: The Imagination Station, Star!-The Entertainment Information Station, all divisions of CHUM Limited, Pulse 24 Partnership (CP24), a partnership controlled by CHUM Limited.


hereinafter referred to as the "Company",


Party of the First Part,


and


COMMUNICATIONS, ENERGY AND PAPERWORKERS

UNION OF CANADA (CEP)


hereinafter referred to as the "Union",


Party of the Second Part,


****************************

ARTICLE 1


Intent


1.1 It is the purpose of this Agreement, in recognizing a common interest between the Company and the Union in promoting the fundamental principles of creativity and innovation in broadcasting and the utmost cooperation and friendly spirit between the Company and its employees, to set forth conditions covering rates of pay, hours of work and conditions of employment to be observed between the parties and to provide a procedure for prompt and equitable resolution of grievances. To this end, this Agreement is signed in good faith by the two (2) parties.

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1.2 It is recognized that the Company operates in a creative and innovative fashion, subject at all times to public judgment and regulatory authority, that creative work carries a creative responsibility and that the unique principles which are a part of the Company's history shall continue in the future, subject to the provisions of this Agreement. It is the intent of both parties that this Agreement support and reflect these goals.

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ARTICLE 2


Definitions


2.1 Employee - The term "employee" as used in this Agreement shall mean any person, either male or female, employed in a classification included within the bargaining unit set forth in Article 2.2. It shall further include any person employed in any new job or classification created in the future which the parties agree is to be included within the bargaining unit. If the parties are unable to agree, the Company may submit the matter to the Canada Industrial Relations Board for a decision.

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2.1.1 When the Company creates a new classification within the bargaining unit, the Company shall provide the Union with the following information in writing prior to the posting for the new classification:

a) Proposed job title

b) Proposed pay group

c) Proposed general description of the duties and responsibilities


The Union shall advise the Company, within five (5) working days of receiving the information, of any disagreement with the pay level of the new classification. Postings for new classifications will indicate that the job is a "newly created bargaining unit classification".

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2.2 Bargaining Unit - The Company recognizes the Union as the sole and exclusive collective bargaining agent for all employees in the unit set forth in the certification of the Canada Labour Relations Board dated July 10, 1995 or any amendments thereto, as mutually agreed by the parties or as ordered by the Canada Labour Relations Board.

The parties have mutually agreed that employees of the Sales Department and CHUM International are excluded from the Agreement. The other excluded positions are as follows:


- Account Executives

- Account Manager

- Accounting Supervisors

- Administrative Assistants

- Administrative Coordinator,

- Administrator Business and Regulatory Affairs

- Advertising Manager

- Affiliate Account and Training Manger

- Affiliate Marketing Manager

- Affiliate Marketing and Training Coordinator

- Affiliate Sales and Marketing Assistant

- Affiliate Sales and Contracts Coordinator

- Anchors and Talent

- Art Directors

- Art Director (Interactive)

- Arts/Grants Promotion Officer (BRAVO!)

- Assistant, Business and Legal Affairs

- Business Development Manager

- Business Development Manager (Interactive)

- Business Development Specialist

- Chief Financial Officer (CFO)

- Closed Captioning Supervisor

- Comptroller

- Confidential Assistants

- Contracts Administrator / Legal and Administrative Assistant

- Coordinating Producer

- Coordinator (CI)

- Coordinator - Human Resources

- Coordinator - Media Campaign (Interactive Sales)

- Creative Directors

- Creative Marketing Coordinator

- Creative Media Associate

- Creative Media Specialist

- Creative/Production Editor (CI)

- Customer Service Representative (CI)

- Data Entry Clerk, Human Resources

- Director - Advertising & Promotions

- Director - Affiliate Sales

- Director - Affiliate Sales & Marketing

- Director - Broadcast Technology

- Director - Business and Legal Affairs

- Director - Business Development

- Director - Communications (MM/MMM)

- Director - Communications and Promotion

- Director - Communications Bravo/Space/Drive-In Classics

- Director - Development (CI)

- Director - Facilities

- Director - Financial System and Analysis

- Director - Human Resources CHUM Limited

- Director - Independent Production

- Director - Information Technology

- Director - Marketing & Client Services

- Director - Marketing Research

- Director - Music Operations (MM)

- Director - Music Programming (MM)

- Director - New Business Development

- Director - News

- Director - News Administration

- Director - News Operations

- Director - News Programming Citytv/CablePulse24

- Director - On-Air Promotions

- Director - Operations (CI)

- Director - Operations Citytv & CHUM Specialty

- Director - Operations MM/MMM/ML/MV/MMR

- Director - Operations and Engineering

- Director - Production

- Director - Production / Facilities Management

- Director - Program Sales (CI)

- Director - Programming

- Director - Programming & Acquisitions

- Director - Programming Data Systems

- Director - Programming Operations

- Director - Publicity

- Director - Sales & Administration

- Director - Sales & Marketing

- Director - Sales Promotions and Commercial Production

- Director - Security

- Director - Special Events / Merchandising

- Director - Special Projects CHUM Television

- Director - Sports

- Director - Station Development

- Director - Strategic & Organizational Development

- Director - Traffic Systems

- Director - Operations / Program Manager

- Executive Assistants

- Executive Director – Bravo! Fact

- Executive Vice President - Sales and Marketing, Radio & TV

- Executive Vice President - Television

- Finance Administrator - (CI)

- Financial Analysts

- General Sales Manager

- Group Sales Director

- Hosts

- Independent Production Development Officer

- Legal Assistant

- Legal Clerk

- Legal Counsel

- Manager - Accounting

- Manager - Advertising Sales (Interactive)

- Manager - Audio Production

- Manager - Broadcast Engineering

- Manager - Client Services

- Manager - Closed Captioning

- Manager - Communications (BRAVO! and Space)

- Manager - Communications (MM)

- Manager - Communications - Social Policy

- Manager - Contracts Administration (CI)

- Manager - Distribution Services

- Manager - Distribution (CI)

- Manager - Engineering

- Manager - General Production

- Manager - Human Resources CHUM Limited

- Manager - Help Desk Services

- Manager - Independent Productions

- Manager - Information Technology

- Manager - Information Technology Infrastructure

- Manager - Live Eye Services

- Manager - Maintenance & Building Services

- Manager - Marketing Research

- Manager - Marketing Services

- Manager - Music and Media Licensing

- Manager - New Media Business Development

- Manager - News Administration

- Manager - Systems and News Operations

- Manager - On-Air Services

- Manager - Operations (Interactive)

- Manager - Production (Design)

- Manager - Producer / Writer - Promotions

- Manager - Program Operations

- Manager - Programming Operations

- Manager - Creative Services

- Manager - Creative Services, News

- Manager - Publicity and Public Relations

- Manager - Regulatory Affairs

- Manager - Sales Administration

- Manager - Sales Promotions

- Manager - Special Events / Merchandising

- Manager - Technical Production

- Managers - Traffic

- Managing Assignment Editor

- Managing Director (Interactive)

- Managing Producer - News Websites

- Managing Web Producer

- Marketing Coordinator (CI)

- Marketing Coordinator - Specialty TV

- Marketing Manager - Specialty TV

- Marketing Manager - (CI)

- Marketing Research Analyst

- Marketing Research Analyst Sr.

- Marketing Research Analyst - Junior

- Marketing Research Analyst - Intermediate

- Music Programmer Sr.

- National Director Government Affairs - CHUM Radio & TV

- News and Program Producers

- News Desk Manager

- Office Manager

- On-Air Announcers

- On-Air Promotions Manager

- Operations Supervisor/Technical Producer

- Operations Supervisors

- Payroll Clerks

- President

- President & CEO - CHUM Limited

- Producer - News

- Producer / Director

- Production Coordinator (CI Creative Services)

- Production Manager (City)

- Production Manager – Citytv Creative Services

- Program Manager (City)

- Program Manager (CP24)

- Program Manager (MM)

- Program Manager (Bravo!)

- Program Operations Supervisor

- Program Producers

- Promotions Specialist

- Public Relations Coordinator

- Publicist

- Publicist Coordinator

- Purchasing Manager

- Purchasing Supervisor

- Regional Retail Manager - Sales (MM)

- Reporters

- Revenue Reporting and Executive Assistant, Sales

- Sales & Contracts Coordinator

- Sales Administration Coordinators

- Sales Administrative Analyst (Sales & Marketing)

- Sales Administrative Sponsorship Coordinator

- Sales and Marketing Assistants

- Sales and Marketing Coordinators

- Sales Assistant/Coordinator (CI)

- Sales Assistants

- Sales Associates

- Sales Concierge

- Sales Coordinators

- Sales Executives

- Sales Manager

- Sales Operations Manager

- Sales Operations Coordinator

- Sales Production Coordinators

- Sales Promotions Coordinator

- Sales Promotion Supervisor (Sales & Marketing)

- Sales Promotions Assistant

- Sales Promotions Supervisor

- Sales Promotions Producers

- Sales Representative

- Sales Service Supervisors

- Sales Sponsorship Supervisor

- Sales Systems Supervisor

- Security Guard

- Security Representatives (Officers)

- Senior Copywriters

- Senior Creative Director - CHUM Television

- Senior Director Planning & Development (CI)

- Senior Floor Producers

- Senior Information Officers (CITY)

- Senior Information Officer/Publicist (BRAVO!)

- Senior Manager, Creative Media Solutions

- Senior Messaging Administrator (2)

- Senior Music Director - (MM)

- Senior Music Programmer

- Senior News Director (News)

- Senior Producer

- Senior Producer/Creative Director

- Senior Program Executive

- Senior Publicist

- Senior Recruiter - Human Resources

- Senior Research Analyst

- Senior Security Administrator (1)

- Senior Vice-President and General Manager

- Senior Vice President - Programming

- Store Supervisor CHUM Citytv

- Supervising Assignment Editor

- Supervising Director

- Supervising Producer

- Supervising Producer/Director Commercial Production

- Supervising Producer, Development/Specials - CHUM TV

- Supervisor - Administration

- Supervisor - Business Systems

- Supervisor – MUCH Store

- Supervisor - ENG/EFP Maintenance

- Supervisor - Human Resources

- Supervisor - Marketing and Publicity

- Supervisor - Marketing and Promotions

- Supervisor - News Administration

- Supervisors Operations

- Supervisor - Production

- Supervisor - Programming Operations

- Supervisor - Promotions

- Supervisor - Sales Administration (MM)

- Supervisor - Security

- Supervisor - System Administrator

- Supervisor - Technical Facilities

- Supervisor - Technical Maintenance

- Supervisor - Web Development (Interactive)

- Systems Maintenance Supervisor

- Technology Manager - Interactive

- Traffic Supervisor

- Transmitter Supervisor

- Unit Administrator

- Unit Manager

- Unit Production Manager (Bravo)

- Vice President and General Manager

- Vice President and General Manager - (CI)

- Vice President and General Manager - CP24

- Vice President and General Manager - MM/MMM/ML/MV/MMR

- Vice President and General Manager - Space

- Vice President and General Manager - Citytv

- Vice President - Affiliate Sales & Marketing CHUM TV

- Vice President - Business & Legal Affairs, General Counsel & Secretary

- Vice President - Business & Regulatory Affairs

- Vice-President - Communications and Promotions

- Vice-President - Communications and Promotions CHUM Limited

- Vice-President - Finance and Administration

- Vice-President - National Sales CHUM Television

- Vice-President - News Programming

- Vice-President - Planning & Regulatory Affairs CHUM Limited

- Vice-President - Production CHUM Television

- Vice-President - Programming CHUM Television

- Vice-President - Public Affairs CHUM Limited

- Vice-President - Sales & Business Development (CI)

- Vice-President - Social Policy and Media Education

- Vice- President - Sales and Marketing

- Videographer

- Web Developer/Planner (Interactive)

- Web Producer (Interactive)

- Web Producer (News)

- Web Supervising Producer

- Writer in Residence

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2.3 Employee Categories and Definitions - All employees covered by this Agreement shall be considered full-time employees of the Company except as hereinafter provided. They shall be probationary employees for a period of three (3) months from the date of their employment with the Company. The Company may extend the probationary period up to a total of six (6) months from the date of hiring, and in such event, will discuss the matter with the representative of the Local Union prior to the end of the first three (3) month period. The employee and the Union shall be advised of such extension, in writing, and the reasons therefor. During the probationary period or extension thereof, the Company may release the employee for reasonable cause.

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2.3.1 Absence from work by probationary employees for personal or health reasons shall increase their probationary period by the time absent.

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2.3.2 The parties agree that further to Article 2.3, Probationary Employees, in cases where a probationary employee is experiencing performance or conduct problems during his/her probationary period the Company will verbally notify both the employee and the Union of such issues which may affect the employee's standing with the Company.

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2.4 A part-time employee is defined as a person who is employed on a regular or occasional basis or to cover maternity leave, child care leave, leaves of absence, vacation leaves, or to work on specific projects or productions of a predetermined length of time not to exceed twelve (12) months. Such employees shall be paid on an hourly basis at a rate equal to 1/2080 as defined in Article 16.6 of the annual salary of the wage group to which the employee is assigned. Extension of temporary employment, which requires more than twelve (12) months to complete, shall be agreed to by the union provided that in the circumstances, it is reasonable to do so.

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2.4.1 Part-time employees shall be subject to the terms of this Agreement, except for Articles 9, 10, 11 and 13, or as specifically provided for herein. Part-time employees hired on a daily or sporadic basis will not be subject to Article 14, except for Articles 14.2, 14.3, and 14.7 and the articles pertaining to health and safety. With respect to Article 14.7, the part-time employee concerned shall advise the Company that turnaround encroachment would be applicable when called for such assignments.


(a) Article 9.1 - Company seniority will be applied separately for part-time employees as a group distinct from full-time employees and shall be equal to the length of service in accumulated hours worked. Seniority for part-time employees shall be broken and cease to exist after a break in service of six (6) months.


Part-time employees shall be probationary employees for a period of 520 hours worked from the commencement of their first employment with the Company. The Company may extend the probationary period up to a total of 1040 hours from the date of first employment and the employee and the Union shall be advised of such extension in writing, and the reasons therefor. During the probationary period, or extension thereof, the Company may release the employee at any time for reasonable cause.


Part-time employees who are subsequently hired as full- time staff without a break in service of more than ninety (90) calendar days, shall receive credit for their total accumulated part-time hours as follows:


i. For employees hired in the classification in which they are regularly performing part-time work, one-half (1/2) of their total accumulated part-time hours shall be credited toward their full-time probationary period, to a maximum credit of two (2) months, and upon successful completion of the remainder of the full-time probationary period, the total accumulated hours worked as a part-time employee shall be credited to their seniority for all purposes.


ii. For employees hired full-time in a classification in which they are not regularly performing part-time work, no part-time hours will be credited to their probationary period, however, upon successful completion of the probationary period, the total accumulated hours worked as a part-time employee shall be credited to their seniority for all purposes.


The probationary period for full-time employment begins on the first day the employee is assigned to the new position.


(b) Articles 9.4 and 9.5 - However, when part-time employees are laid off, it is agreed that the following shall be applicable:


1: Part-time employees working on a regular weekly basis shall be given two (2) weeks notice in advance of the proposed layoff, or two (2) weeks pay in lieu of notice [based on the average number of hours worked in the previous thirty (30) days].


2: Part-time employees hired to work on a specific project, child care leave and leaves of absence, vacation or maternity leaves or for a specific period of time shall be considered to have received notice at the time of hiring. Notwithstanding the foregoing the Company may terminate temporary employees under this clause by giving two (2) weeks notice or two (2) weeks pay in lieu of notice for durations of six (6) months or less and if the duration is longer than six (6) months the Company may terminate the temporary employment by giving four (4) weeks notice or four (4) weeks pay in lieu of notice.


3: Part-time employees hired on a daily or on a sporadic basis will not require notice of layoff due to the nature of their assignment.


4: Article 9.5 shall only apply to part-time employees laid off who qualify under Item 1: above.


(c) Part-time employees shall receive sixty (60¢) per hour, not to be added to the base rate, for each hour worked in lieu of the benefits contained in Article 11.


(d) Articles 13.1 and 13.1.2 shall apply as to earning vacation credits and scheduling, however, vacation pay will be calculated at the applicable rate under Article 13.1 (4) and will be paid bi-monthly with regular pay and not at the time vacation credits are taken. Vacation pay calculation shall not include payments under 2.4.1 (c) above.


(e) Article 13.2.1 (c) only shall apply with a minimum credit of four (4) hours.


(f) Article 14.1 shall apply except that part-time employees shall receive a minimum credit of four (4) hours per tour of duty, to a maximum of forty-eight (48) hours, in any fourteen (14) day calendar period commencing at 00:01 a.m. Monday. The maximum hours provided above shall not apply when part-time employees are hired for purposes of vacation leaves, maternity or child care leaves, leaves of absence, or if hired for a specific project of a predetermined length of time not to exceed twelve (12) months or for the purpose of training and evaluation for a maximum period of one (1) month.


Article 14.3 shall apply except part-time employees shall receive overtime for authorized hours worked in excess of eight (8), ten (10) or twelve (12) hours in the work assignment to which they are scheduled, or on a "pay period" basis for authorized hours worked in excess of eighty (80) hours over each fourteen day calendar period.


Article 14.11.1 shall apply however part-time employees are responsible for their own safety footwear as required.


(g) Article 15 - However, part-time employees shall receive a meal period in all tours of duty of more than six (6) hours and, in such event, such first meal period shall be exclusive of hours worked. Meal periods shall be assigned in accordance with Article 15.


(h) Article 11.2 - Maternity and Child Care Leave, shall apply.

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2.4.2 Students and Volunteer Trainees - Students participating in a recognized educational program or co-operative study program and volunteer trainees may perform functions within the bargaining unit for the purpose of training and learning.


The Company will provide the name of the student or volunteer trainee, and the anticipated start and finish date to the Local Union prior to the commencement of the assignment. The Company will also provide the name of the educational institution or work program, where applicable, and the department or work area in which the student or volunteer will be involved. Such assignment shall not be in excess of six (6) months unless extended by mutual agreement of the parties.


It is agreed between the parties that the Company's first obligation is to provide training and career development opportunities to members of the bargaining unit. It is therefore understood that students and volunteer trainees will not prevent bargaining unit members from participating in training or career development opportunities.


Where the Company assigns the student to assist a member of the bargaining unit as an extra to the normal crew compliment, the Company shall designate a member of the bargaining unit with whom the student will work. Should a student be assigned without the guidance of a member of the bargaining unit, he/she shall be paid the appropriate rate in accordance with this Agreement.

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2.4.3 It is agreed and understood that the provisions of Articles 2.4.1 and 2.4.2 above will not be used for the express purpose of eliminating or replacing full-time employees, or to avoid hiring or the recall from layoff of full-time employees. The Company will not consistently use penalty or premium clauses to expressly avoid replacing full-time employees.

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ARTICLE 3


Management Rights


3.1 The Union acknowledges that the Company has the exclusive right to manage the affairs of the Company and retains all rights, powers and authority the Company had prior to the signing of this Agreement, except those specifically abridged, delegated, granted or modified by 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, transfer and reclassify employees, judge and evaluate personnel qualifications and employee performance; and also the right of the Company to discipline, suspend or discharge any employee for just and sufficient cause, or a probationary employee for reasonable cause, provided that a claim by an employee that he/she has been demoted, disciplined, suspended or discharged without just and sufficient cause, or a probationary employee for reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided.

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3.2 The Union further acknowledges the right of the Company to operate and manage its business, control its properties and maintain order of 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 operation, the content of programmes, 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 places of business, including the change of all or any of the foregoing from time to time, control over all operations, building, machinery equipment, and employees are solely and exclusively the responsibilities of the Company.

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3.3 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.

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ARTICLE 4


Union Rights


4.1 Dues Checkoff - During the term of this Agreement, the Company agrees to deduct monthly, an amount equal to the uniform dues and/or assessments as levied by the Union for each pay period (weekly, bi-weekly or semi-monthly, etc.). The deductions are to be based on the gross earnings for the pay period of every employee in the bargaining unit, beginning with the date of hiring in the bargaining unit. The present rate of deductions is equal to one and two-thirds percent (1.666%) of basic pay, and the same percentage shall be deducted on all additional earnings. The Company will be notified by registered mail of any changes in the present rate of deductions.

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4.1.1 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 the dues are deducted. The Company shall provide the Union with a monthly electronic spreadsheet detailing the following information:


1. Employee name, address and employment status

2. Gender

3. Classification, salary and seniority

4. The amount of gross dues deducted for each employee.

5. 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.


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4.1.2 The Union shall indemnify the Company and save it harmless from any and all claims which may be made against the Company, by any or all employees, for amounts deducted from wages as provided by this article.

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4.1.3 Each year the Company will indicate on the T-4 slips issued to employees, the total amount of dues deducted at source and forwarded to CEP.

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4.2 Notices to Union - The Company shall mail, or fax, and/or e-mail (when documents do not require signatures) to the Union at its regional office, and to the Local Union Secretary, one copy of the following:


(a) Within five (5) working days, notice by mail or fax of hiring, dismissal, promotion, or demotion of any employee within the bargaining unit.


(b) Notice by mail or fax of extension of probationary period, suspension, or any corrective (disciplinary) action placed on an employee's file within the bargaining unit, unless the employee requests otherwise, in writing, and a copy of this request will be faxed to the Regional Office of the Union within five (5) working days.


(c) Any notice directed to employees pertaining to a change in the application or agreed interpretation of this Agreement.


  1. When a part-time employee is hired in accordance with Article 2.4.1 4: (f) to work more than forty-eight hours over any fourteen day period the Company shall provide the Union with the name of the full-time employee who is being replaced or the name of the project or production to which the employee is assigned and the expected duration.


(e) The Company will furnish, upon receipt of notification of a desire to negotiate a new Agreement, two (2) copies of seniority records and wage information for employees within the bargaining unit for negotiating purposes.


(f) The Company shall, when notifying a person of his/her acceptance as an employee, provide in writing, the starting rate of pay and the classification to which he/she is assigned. A copy of this notice shall be sent to the Union in accordance with Article 4.2 (a) of this Agreement. The Company shall also include, at the same time, a copy of the current Collective Agreement, which shall be supplied by the Union.

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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 subject matter of this Agreement, upon reasonable advance notice to the Company. Such investigation or inspection shall be carried on at reasonable hours and in such a manner so as not to interfere with the normal operations of the Company.

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4.4 Bulletin Boards - The Company agrees to the posting by the Union on bulletin boards and the Company’s internal email system of: announcements regarding elections, meetings, Local negotiation developments and internal affairs of the Union, provided such notices are authorized by the Company.


The Company shall ensure that one glass enclosed and locked bulletin board is provided for the postings of all job vacancies, in an area which is convenient and accessible for employees.

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4.4.1 The Company agrees to provide space wherein the Union may locate a filing cabinet. Local Union Officers will be given free access to this cabinet at all times. The Company shall not be responsible for the security or safety of the cabinet or its contents.

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4.5 Leave for Union Activities


(a) Upon request by the Union, leave without pay will be granted to any employee duly authorized to represent employees of this bargaining unit at Executive, Council meetings or Conventions of the Union and Labour Education Seminars. A written request for such leave shall be submitted at least twenty (20) days in advance. Such leave shall be limited to a total of five (5) employees at any one time, and to a maximum aggregate total of six hundred (600) working hours in any calendar year. The maximum leave for any individual union official shall not exceed sixty (60) working hours and one hundred (100) working hours for an Executive Officer. The company will consider reasonable requests from the union to increase the individual and/or aggregate maximum. Such leave shall not constitute a break in continuity of service in seniority, severance pay, or other benefits under this Agreement.


(b) In order to attend the CEP National Convention every other year (or every third year) up to five (5) employees will be released and the maximum aggregate total of working hours may be increased by an additional one-hundred sixty (160) working hours, exclusive of the individual limits in (a) above to attend the CEP National Convention. The Company will be advised of the Convention dates as far in advance as possible. A written request for such leave will be submitted to the Company at least sixty (60) days in advance.


It is understood that operational requirements may prevent the release of particular employee(s) under this article and in such case the Local Union shall be allowed to name an alternate(s)


(c) In addition, up to one (1) employee may accept a full-time elective position with the Union or an official labour body for a period not exceeding two (2) years. Any additional yearly periods may be granted at the Company's discretion upon receipt of a written request from the employee and the President of the Union.


Such election shall be certified to the Company by the Union upon the request of the Company. The Company may hire temporary employees to fill the vacancies created by such leave of absence. During the employee's leave and subject to the limitations of the various benefit plans, the employee may continue to participate provided the employee prepays all premiums and contributions. During such leave the employee shall not accumulate seniority for the purposes of annual leave credits and severance pay.

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4.5.1 Upon request by the Union, the Company agrees to release without loss of pay, leave credits and other earned benefits, up to five (5) employees to attend negotiating sessions with the Company. A written request for such release shall be submitted fourteen (14) days in advance of the first meeting. It is recognized that the scheduling of such meetings is subject to mutual agreement. The Company shall not be responsible for payment of penalties resulting from changes of shift to enable the release of such employees.

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4.5.2 In addition to any leaves under this article, the Company agrees to release without pay, but with no loss of leave credits or other earned benefits, up to five (5) employees for up to two (2) days each, upon request of the Union, and where reasonable regarding operational requirements, to attend preparatory meetings prior to collective bargaining. A written request for such release shall be submitted fourteen (14) days in advance of the requested day off.

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4.5.3 When an employee is released without pay for up to five days under provisions of Article 4.5 (a) and (b) or Article 4.5.2, the Company will pay the employee for such lost time and will deduct all such payments from the monthly dues cheque to the Union. The Company will detail all deductions from the monthly dues cheque.


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ARTICLE 5


Non-Discrimination


5.1 The parties hereto mutually agree that no employee shall be interfered with, restrained, coerced or discriminated against because of membership, or lack of membership, or by reason of any lawful activity, or lack of activity on behalf of the Union. The Company will not discourage membership in the Union, or attempt to encourage membership in another Union.

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5.1.1 A member of the Union employed in a supervisory capacity shall not be held accountable to the Union for any action taken when carrying out supervisory duties on behalf of the Company. This shall not be construed to prevent the filing of a grievance by any member of the bargaining unit in respect of actions taken by the Supervisor.

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5.2 Employees shall enjoy equal rights under this Agreement, regardless of age, sex, sexual orientation, marital status, colour, race, ethnic or national origin, or religious or political affiliation.

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5.3 (a) The Company shall maintain a working environment which is free from harassment, including personal harassment, sexual and/or racial harassment as outlined in the Canadian Human Rights Act. The Company policy is printed at the back of the Collective Agreement for information purposes and shall act as a guide to employees in adhering to legal and social guidelines regarding the recognition and prevention of harassment.


Procedure - Any employee who believes that he/she has been subject to harassment is encouraged by the parties hereto to file a complaint in accordance with the Policy. The Regional Office of the Union will be advised by fax within five (5) working days of receipt of any written complaint filed by, or against any member of the bargaining unit. The Company will only be required to provide the name(s) of any bargaining unit member concerned.


(b) The Company may amend the Policy from time to time to comply with Federal regulations. In the event that the Company proposes to amend the policy in a substantive manner, (other than for purposes of compliance with legislation) it shall discuss such changes, amendments and revisions with the representatives of the Union at a joint management/union meeting for this purpose. The Union will be allowed to make recommendations to the Company at such a meeting and immediately thereafter.

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ARTICLE 6


No Strike Clause


6.1 The Union will not cause nor permit its members to cause, nor will any member of the bargaining unit take part in a slowdown or a strike, either a sit-down or stay-in or any kind of cessation of work or in any other kind of strike or any other kind of interference or any work stoppage whatsoever, either total or partial, while this Agreement is in force. The Company will not cause nor permit its employees to cause, engage in or permit, a lockout of any of its employees within the bargaining unit while this Agreement is in force.

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6.2 The Company will not require any employees to perform the duties of any other person who is engaged in a lawful strike, expressly for the purposes of strike breaking, or to originate a programme or programmes expressly for the purpose of strike breaking.

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6.3 An employee shall have the right to refuse to go to any television station, transmitter site or a location where a legal strike or lockout of persons whose functions are similar to those covered by this Agreement is in progress. Such refusal shall not be considered grounds for disciplinary action, except that ENG, EFP and Live Eye employees will be required to perform their news functions.

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ARTICLE 7


Grievance Procedure


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

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7.2 The parties recognize that any employee may present a personal grievance to the Company at any time. Any such grievance shall be subject to consideration and adjustment, as provided in the following articles on grievance procedure.

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7.2.1 Where an employee has a grievance of an individual nature the employee shall first discuss the matter with the immediate supervisor or Department Manager with the object of resolving the grievance. An employee may have a Union Representative assist in this discussion.

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7.2.2 A grievance shall be submitted no later than ten (10) days following the date from which the employee became aware or should have become aware of the event or circumstances giving rise to the grievance.


Step 1: The grievance shall be reduced to writing, stating the nature of the grievance and the remedy sought. The written grievance shall be submitted to the appropriate Department Manager for consideration. A written response shall be made to the employee, with a copy to the Union, within ten (10) days.


Step 2: In the event that the grievance is not recorded as settled within ten (10) days of the written response in Step 1, the grievance shall be referred to the General Manager or his designee for investigation and consideration. For this purpose the General Manager or his designee shall meet within ten (10) days with the Local Grievance Committee consisting of not more than three (3) members. Every effort will be made to settle the grievance at one meeting but it may be that additional meetings may be held by mutual agreement of the parties if it appears to be necessary to obtain further information or for other major considerations.


Step 3: If the grievance is not recorded as settled within ten (10) days after the final meeting described in Step 2, the grievance shall be referred to the General Manager, or his designee, and the Union Office for further discussion and consideration.


Step 4: In the event that the representatives of the Company and the Union cannot reach agreement, either party may, upon notice by registered mail or fax to the other, but no later than twenty (20) days after the final meeting in Step 3, submit the grievance to final and binding arbitration. Within the next following ten (10) days of the said notice, the parties, by way of their representatives, shall agree on the naming of a sole arbitrator. If the parties are unable to agree on the selection of an arbitrator within the said ten (10) days delay, the Federal Minister of Labour may be requested by either party, within the next following ten (10) days to appoint the arbitrator.

The cost and/or expense of such arbitration shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the expenses of stenographic transcript without express written consent.

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7.3 An arbitrator to whom any grievance may be submitted, in accordance with this article, shall have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as it shall be necessary to the determination of such grievance, but shall not have jurisdiction or authority to change, modify, extend, amend or alter in any way the terms of this Agreement.

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7.3.1 If it is determined by the arbitrator that any employee has been suspended or discharged or otherwise disciplined and that the disciplinary measure has resulted in the discipline, suspension or the discharge of an employee, the arbitrator may change or amend such penalty and give an award that seems just and reasonable in all circumstances.

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7.4 If either the Company or the Union considers that this Agreement is being misunderstood, misinterpreted, or violated in any respect by the other party, the matter may be submitted as a written grievance and discussed between representatives of the Company and the Union, and if not satisfactorily settled within twenty (20) days of the above meeting, either party may refer the matter to arbitration as provided in Step 4 of Section 7.2.

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7.5 Time Limits - The time limits specified in this Grievance procedure shall be counted in working days, excluding Saturdays, Sundays and statutory holidays and vacations of the employee concerned at the Step 1 level and may be extended or modified by the mutual written agreement of the parties.

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7.6 Employees who are members of the Grievance Committee or the grievor(s) shall suffer no loss of regular pay or other benefits while attending grievance meetings with the Company. It is understood that such meetings may be held at times when employees are not scheduled to work.

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ARTICLE 8


Corrective Action (Discipline)


8.1(a) Full-time employees who have completed their probationary period shall be notified in writing (including email) of any issue or expression of dissatisfaction concerning their employment such as performance, conduct, attendance, etc. which could lead to corrective action (disciplinary action) within fourteen (14) calendar days of the Company becoming aware of the issue.


Employees shall be furnished with a copy of any complaint or accusation, which may be detrimental to their advancement or standing within the Company, as soon as possible after the complaint or accusation, is made.


The Company will investigate the issue and make a determination regarding the level of corrective action (discipline), if any, as soon as reasonably possible (which may be outside of the fourteen (14) calendar day notification period). In the event, due to the absence of any party involved in a corrective action case or any unforeseen circumstances, if the fourteen (14) calendar day time limit cannot be met, the Company will notify the Union in writing of the requirement for an extension of the time limits and reason thereto. The Company and the Union agree that any such reasonable notification shall be accepted by the parties.


If this procedure is not followed, such corrective action, or the reply thereto, shall not become part of their record for use against them at any time. Where an issue or cause for dissatisfaction is found to be unjustified all reference to such issue or expression of dissatisfaction shall be removed from the employee’s record.


(b) In the event an employee is issued corrective action, the employee may reply, in writing, to such corrective action provided the reply is received within ten (10) of the employee’s working days after the employee has been given the corrective action and, if so, that reply shall become part of the employee’s record.


  1. At any formal meeting with an employee discussing whether corrective action (discipline) will be taken against such employee, the employee may have a Union Representative present for the following purposes only: to assist, counsel, advise and represent the employee. Although the Union Representative may participate in any discussions taking place at such meeting, any final decisions affecting the employee are to be made solely by the Company.


(d) The Union shall provide the Company with a list of Union Representatives who shall be responsible for particular employee groups and who may be scheduled to attend meetings with respective employees who they represent.


(e) When a meeting is convened in accordance with Article 8.1 (c) above, the employee shall be given reasonable time in which to arrange for the attendance of a Union Representative. Prior to commencement of the meeting the employee shall be allowed ten (10) minutes to consult their Union Representative.


(f) All references to corrective action shall be removed from the employee’s personnel file within two (2) years of the date of such action being taken, provided that the employee has been free of other corrective action notices in the intervening period. Absences due to sickness or authorized leaves of absence shall not be included in this calculation.

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8.2 An employee shall have access to his/her personnel file in the presence of his/her supervisor during office hours, once every six (6) months (or earlier in the case of a grievance), at a mutually agreeable time, but in no event later than five (5) working days after the initial request.

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8.3 Employees may request to meet with their supervisor and/or department manager on an annual basis for a personal performance appraisal.

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ARTICLE 9


Seniority Rights


9.1 Company seniority for full-time employees shall be deemed to have commenced on the date of hiring by the Company or upon the date the employee was hired by its predecessor, Channel Seventy-Nine Limited or Huchm Productions Limited, whichever is the later, and shall be equal to the length of continuous service with the Company. Company seniority shall relate to the order of layoffs, recall from layoff, promotions, severance pay and the choice of vacation periods, as provided for in the applicable articles.

Company seniority for part-time employees shall commence in the same manner as for full-time employees, but shall be equal to the length of service in accumulated hours worked. Seniority for part- time employees shall be broken and cease to exist after a break in service of six (6) months.

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9.1.1 Seniority shall not be established until the probationary period, and any extension thereof, as set out in Article 2, has been served but shall then be calculated from the date of employment.

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9.1.2 Seniority shall exist but not accumulate during any leave of absence approved by the Company, except as provided in this Agreement (e.g., Article 4.5.1).

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9.1.3 An employee shall lose seniority and shall be deemed to be terminated in the event he/she:


  1. resigns or retires;

  2. is discharged and the discharge is not reversed through the grievance or arbitration procedure;

  3. fails to return to work upon the completion of an authorized leave of absence (Article 11.7) without valid reason, or uses a leave of absence for purposes other than those for which the leave of absence was granted;

  4. fails to respond and return to work from a layoff as per Article 9.5.2.

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9.2 Postings and Promotions - Where the Company decides that a position is to be filled or created within the bargaining unit on a permanent or regular part-time basis, the Company shall post a notice of vacancy which will include the proposed job title, (which may subsequently be revised without reposting the position depending on the successful applicant's qualifications), for a minimum of five (5) days. Employees from within and outside the bargaining unit may apply during the posting period.


Where the Company decides to post a temporary position to cover: a project or production of a predetermined length of time not to exceed twelve (12) months, vacation relief, maternity leave, child care leave or leave of absence, the successful applicant will be reassigned to the temporary position without loss of seniority or benefits. The employee will be on trial for a period of up to three (3) months in the new position. The Company may, at anytime during this period, return the employee to the former position with no loss of seniority. Nothing in this clause shall prevent the Company from hiring (without posting a position) a temporary employee in accordance with Article 2.4 to back fill for a full-time employee on temporary assignment or to cover projects or productions of up to twelve (12) months or to cover vacation relief, maternity leave, child care leave or leave of absence.


The parties acknowledge that where it is not possible to determine with certainty the length of the reassignment to a temporary position the Company may end a temporary reassignment at any time and return the employee to the former position with no loss of seniority. At the conclusion of the temporary reassignment, the employee shall return to his/her former position. Where the Company decides that the position is to be filled on a permanent basis it is understood the position will be posted in accordance with this article.


Extensions of the temporary reassignment will be agreed to by the parties where in the circumstances it is reasonable to do so.

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9.2.1 Promotions and transfers to jobs within the bargaining unit shall be based on qualifications established by the Company. These qualifications may include: creativity, knowledge, experience, skill, ability, attitude, training and/or education, as well as other relevant factors. Providing that one or more of the applicants satisfactorily meets or exceeds the qualifications, the Company shall award the position to the best applicant. Company seniority will be considered when evaluating applicants. When two (2) or more employees' qualifications are relatively equal, Company seniority shall apply. If there is no applicant who satisfactorily meets the qualifications established for the position, the Company may hire from any source.

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9.2.2 An employee who is promoted or transferred to another position shall be on trial for a period of up to three (3) months. The Company may, at any time during this trial period, return the employee to the former classification with no loss of seniority. At the conclusion of a successful trial period the employee will be advised, in writing, that the promotion or transfer has been confirmed.

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9.2.3 It is recognized that the Company may, from time to time, require employees to perform work in a job classification other than their regular classification. Employees who perform in a job classification different from their regular classification will not be penalized for errors committed during such performance if such errors are not a result of negligence.

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9.2.4 Should an applicant for promotion or transfer be unsuccessful, it is agreed that management will discuss with the employee, if so requested, why his/her promotion or transfer was denied and will bring to the employee's attention any shortcomings which may affect his/her opportunities for advancement.

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9.3 Discharge and Demotion - The discharge or demotion of any employee, except for probationary employees as provided in Article 2.3, shall only be for just and sufficient cause. An employee discharged for just and sufficient cause, other than gross misconduct, shall be entitled to two (2) weeks notice or pay in lieu thereof.

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9.4 Layoffs - When layoffs are to be made, the Company shall determine the classifications where reductions are required and the number of employees to be laid off. The Company shall post such declaration in the work place along with the bargaining unit seniority list on the date layoffs are announced.


Lay-offs shall proceed in inverse order of Company seniority within those job classifications in Article 16.6. Regardless of work assignment, the least senior employees in a classification where reductions are required shall be laid-off from such classification. The Union agrees the Company may offer a senior employee within an affected classification a voluntary separation package as part of a work force reduction program consistent with Article 9.4.3. The Company agrees to consider an application from a senior employee, in an affected classification, who may wish to volunteer to be laid off (consistent with article 9.4.3) if it would prevent the layoff of a junior employee.


Employees about to be laid off (the least senior employees in the classifications affected) will receive from the Company, a list of the job classifications (the “List”) for which the employee has the occupational qualifications and where there is a less senior employee, than the affected employee, in a classification at the same or lower level. Occupational qualifications may include: creativity, knowledge, experience, skill and ability. Within forty-eight (48) hours of receipt of the List the employee may inform the Company, in writing, of any other classifications in which there is a less senior employee in a classification at the same or lower level where the employee possesses the occupational qualifications from previous employment. Such additions will not be considered unless they are submitted, in writing, within the forty-eight (48) hour time period.


Employees who are eligible to displace another employee but elect to be laid off from their employment and not to be placed on the recall list, shall, in addition to the payments under Article 9.4.3, receive one (1) additional week of severance pay per year of service to a maximum of twelve (12) additional weeks of severance pay.


For the purposes of Layoffs seniority shall govern where the occupational qualifications of an affected employee in a regular classification and a less senior employee in the respective “merit” classification (see Article 16.6) are equal.

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9.4.1 Employees about to be laid off from a position, who are eligible for one of the job classifications pursuant to Article 9.4 must advise the Company, in writing, within four (4) days of being provided with the list or the revised list (if applicable) of their intention to apply their seniority, and must indicate the job classification they have selected. If an employee fails to provide such notice to the Company, the employee will be deemed to have abandoned any rights under this Article. No employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications to perform the job filled by the employee with less seniority. It is agreed that an employee may require a reasonable period of familiarization in the new classification which shall not exceed four (4) weeks. It is understood that an employee who would otherwise be familiar with a method or process may require guidance on new or unfamiliar equipment/software as part of the familiarization period.


If the employee has successfully performed the duties in the new classification, the employee will be transferred to the position following the familiarization period. In the event the employee has not demonstrated his/her ability to satisfactorily perform the duties in the new classification, during the familiarization period, the employee will be laid off within the familiarization period and shall be placed on the re-engagement list in accordance with Article 9.5.

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9.4.2 The Company shall advise the employees and the Union through one announcement by way of the declaration described in article 9.4 to all employees covered under this agreement at least six (6) weeks in advance of the proposed layoff, or such length of time as prescribed by legislation. In lieu of such notice the company shall pay the affected employee(s) six (6) weeks pay, less the amount worked by the employee during the notice period. (For example - if two (2) weeks are worked, then only four (4) weeks shall be paid) Employees who are displaced in accordance with Article 9.4.1 shall be deemed to have received notice of layoff at the time of declaration, referred to above, provided that they are advised and laid off within the six-week notification period. A further notification period of four (4) weeks shall be added to the initial period for any affected employee who has not been advised and laid off within the initial six (6) week period.


Employees who elect to receive severance pay in accordance with Article 9.4.3 will be deemed to have been laid off and abandoned any recall rights (Article 9.5).


a) The Company shall provide the Union with copies of all advice, notices, declarations, applications, elections, and documents relevant to the layoff procedure within twelve hours of said documents being presented. In addition the Company agrees to release Union official(s) from work, without loss of pay or other benefits, to assist affected employees during the layoff process. It is understood that Union Official(s) may be released when it is necessary to directly assist a particular employee, on request, or to be available to provide general advice and assistance to affected employees at specific times during the notification period.

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9.4.3 Employees laid off and deemed terminated pursuant to any statute, will receive severance pay as follows:


- As per Article 9.4, for employees who were eligible to exercise their seniority rights but who elected to receive severance pay, one (1) week of severance pay for each year of service to a maximum of twelve (12) weeks, plus,

- For employees hired prior to January 1, 1992 - three (3) weeks pay for each year of continuous service.

- For employees hired on or after January 1, 1992 – three (3) weeks pay for each year of continuous service to a maximum of seventy-eight (78) weeks of total severance pay (note: the maximum severance is sixty-six (66) weeks under this Article if such an employee did not qualify for any additional weeks of severance under Article 9.4).


With respect to incomplete years, the severance pay shall be on a prorated basis, calculated to the nearest month. The above-noted severance payment shall be deemed to include any severance required pursuant to any statute.


Severance pay shall be paid to an employee upon the expiry of their recall rights or at any time during the re-engagement period after an employee has notified the Company, in writing, of their desire to abandon their recall rights.

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9.4.4 While an employee is laid off, the Company will provide the following benefits: major medical (excluding out-of Canada coverage and up to a maximum of $5,000 Cdn. for nursing care, and up to a maximum of $5,000 Cdn. for drugs), dental and vision care for the period of layoff up to a maximum of six (6) months or until the employee is eligible for benefits at the new place of employment. All other benefit entitlements and coverage, including life insurance, AD&D insurance, short-term disability and long-term disability will immediately cease as of the lay-off date.

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9.4.5 The Company agrees that it will not consistently schedule overtime in order to affect or extend layoffs.

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9.4.6 An employee who has reverted to a lower salary group under Article 9.4.1 shall assume the salary on the new scale in accordance with the chart below. Such an employee’s placement on the new scale shall be established based on credit for years of service within the classification and any credit for industry experience recognized by the Company at the time the employee initiated the new position.

Seniority

Number of months from the date the employee initiated the new position until the salary reverts to the new scale

Less than 1 year

1 month

1 to 3 years

12 months

Greater than 3 years

24 months

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9.5 (a) Re-engagement of Laid-Off Employees - Employees will retain their seniority and have recall rights as follows:


  1. Employees with less than one (1) year seniority will retain recall rights for six (6) months.


  1. Employees with more than one (1) year seniority will retain recall rights for twelve (12) months.


  1. Employees with more than three (3) years seniority will retain recall rights for twenty-four (24) months.


(b) An employee who elects recall will be required to provide a list of classifications at or below her/his current classification group, for which the employee possesses the occupational qualifications as per Article 9.4, that the employee desires recall to. The list must be provided within forty-eight (48) hours of electing recall. If this is not done the employee will only have recall to the position the employee was laid off from. The Company will review the employee’s list and advise the employee of any positions for which the Company does not believe the employee has the occupational qualifications within forty-eight (48) hours of receipt of the list. Such positions will be removed from the employee’s recall list. The employee shall have the right to grieve management’s decision.

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9.5.1 When full-time vacancies occur, the Company agrees to recall former employees who have recall rights in accordance with Article 9.5 (a) and (b), in order of Company seniority. Employees accepting a recall in other than their previous job classification shall be paid the wage appropriate to the new classification. It is agreed that an employee may require a reasonable period of familiarization in the new classification which shall not exceed four (4) weeks. It is understood that an employee who would otherwise be familiar with a method or process may require guidance on new or unfamiliar equipment/software as part of the familiarization period.


If the employee has successfully performed the duties in the new classification during the familiarization period, the employee will be transferred to the position at the end of the familiarization period. In the event the employee has not demonstrated his/her ability to satisfactorily perform the duties in the new classification during the familiarization period, the employee will be laid off within the familiarization period, resume their recall period, and the employee shall lose all recall rights except recall rights to the position the employee was laid off from.


Notwithstanding the above, employees who had exercised their Company seniority and moved to another job classification at time of layoff (Article 9.4.1) shall have first recall rights to their previous classification when a vacancy occurs therein.

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9.5.2 The Company's responsibility will be considered fulfilled if the Company gives notice, in writing, by registered mail to the employee's last known address. When vacancies occur for which the employee’s have recall rights, Article 9.2 shall not apply. The most senior employee with recall rights to the vacant position will be recalled. Employees have five (5) business days to respond to the recall notice in writing (email is acceptable) and a further seven (7) days to return to work from the date of the recall notice. If an employee fails to respond and report to work as per above to any recall notice the employee shall lose all recall rights, be paid severance, and be deemed to be laid off.


An employee who may not be available for recall for personal or other reasons, and has not advised the Company, shall be deemed to have abandoned all recall rights. It shall be the responsibility of the employee to provide the Company with any change in mailing address.

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9.6 If an employee is recalled or re-engaged prior to the expiry of recall rights, as indicated above, seniority shall be considered unbroken.

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ARTICLE 10


Jurisdiction, New Devices and Methods


10.1 The Company agrees not to assign duties relating but not limited to the preparation, administration, audition, rehearsal and/or broadcast of the Company's television programmes and overall operation, including the operation of technical equipment, to other than employees in the bargaining unit if such work assignment directly avoids the hiring of a full-time employee in the bargaining unit, directly results in a layoff, or avoids a recall from layoff of a full-time employee. It is agreed that the Company's obligations under this Article shall only apply with respect to work on television programmes or productions produced exclusively by and for the Company at the Company's premises.

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10.2 Technological Change - Should the introduction, replacement, supplementation or modification of any machinery, equipment or device result in the layoff of employees as distinguished from layoffs, caused by changes in programming, the Company agrees to the following conditions:


(a) The Company will give the Union and the employees affected as much advance notice as is practicable, but not less than three (3) months notification of such layoffs or three (3) months pay in lieu of said notice plus all other benefits for the same period. Also, the employee shall receive severance pay as outlined in Article 9.4.3.


(b) The Company shall, in writing, state the nature of the change contemplated and the number of jobs likely to be affected. Upon receipt of such notice by the Union, the parties shall arrange a meeting, or meetings, for the purpose of conducting discussions which will achieve an understanding to assure that any hardship to the employees affected shall be minimized; this shall be done by providing wherever possible, alternative employment within the Company for employees whose jobs have been eliminated or by joint efforts on the part of the Company and the Union to obtain employment outside the Company, and/or by any other means that the parties may, by mutual agreement, decide upon. The Company will provide such employees reasonable time off, during their normal work week without loss of salary, to be interviewed for positions outside the Company.

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10.3 Program Credits - As the parties have recognized that creative work carries creative responsibility, the Company will provide television programme credits on all productions one-half (½) hour in length or greater. The parties further agree that News and weekly strip programmes will provide credits once a week. The content of these credits will be at the Company's sole discretion.

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ARTICLE 11


Employee Benefits


11.1 Sick Leave and Insurance Plan - The Union recognizes the benefits contained in the CHUM Limited Employee Benefit Plan (Former Policy Number #GGC-2190 now Policy Number GGC-2190 Division Q) for employees covered by this agreement in respect to:


Life Insurance

Disability Income

Hospital Expense Benefit

Medical and Dental Care Benefits

Continuation of Medical Benefits

Accidental Death and Dismemberment Insurance

Employee Assistance Program

Drug Card


The Company agrees to pay one hundred percent (100%) of the cost of the Plan covering employees, their spouses and children. The Company will not reduce any of the benefits contained therein during the life of this Agreement without the approval of the Union.


Eye Exam


The Plan shall cover the expense, up to $70.00 of one eye exam every twenty-four (24) months.

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11.1.1


(a) When an employee is medically unable to perform his/her regular duties or reasonably modified duties which accommodate the employee’s medical restrictions, an employee shall notify his/her department head, or other person as determined by the Company from time to time, as soon as possible after his/her medical issue arises, but not later than two (2) hours before the beginning of the scheduled starting time where reasonably possible. The employee shall state that he/she is medically unable to attend work and the expected time he/she will report back to work.


(b) An employee shall offer proof, satisfactory to the Company, of his/her absence of three (3) days or more for medical reasons, if requested to do so by the Company. In addition, at any time, the Company may require an employee to sign a Medical Leave Declaration confirming that the employee could not perform either their regular duties or reasonably modified duties due to medical reasons.

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11.1.2 Absence because of illness or incapacity shall not reduce an employee's vacation credits unless the employee is absent for in excess of fifty-two (52) consecutive weeks at which time no further vacation credits accrue.

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11.1.3 Should an employee be injured or become ill while on vacation, where such illness was serious enough to legitimately impair his/her vacation for at least two (2) days, salary continuance benefits shall be paid for such absence in accordance with Article 11.1, and the unused days of vacation shall be credited to the employee provided the employee is under a physician’s care and the employee presents a note from the physician. Such leave shall be paid commencing on the first day of an illness or injury when an employee is under a physician’s care. This article will not be applicable to an employee who exposes him/herself to extreme risk or whose negligence caused the illness or accident.


11.2 Maternity/Adoption Leave - A pregnant employee with six (6) months continuous service or more, or an employee with six (6) months of continuous service who adopts a child of less than six (6) years of age, may apply for unpaid maternity/adoption leave upon four (4) weeks advance written notice, and such leave shall be granted by the Company. In the case of adoption, the period of unpaid leave shall commence when the child, or children, are received. The total maximum period of leave shall not exceed seventeen (17) weeks. With at least four (4) weeks prior written notice of a desire to return to work the employee will be reinstated in her previous position.


In the event two (2) employees adopt a child, this benefit may only be used by one of the employees.

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11.2.1 During the Maternity/Adoption Leave, the following salary and benefit provisions will apply, provided that the employee meets the following conditions:


(a) be a full-time employee having completed one year of continuous service prior to the commencement of the Maternity/Adoption Leave;


(b) provide a certificate from a qualified medical practitioner certifying that she is pregnant; or provide proof, in the case of adoption, that the employee will be responsible for the care of a child in accordance with the laws of the province;


(c) indicate a commitment to return to employment with the Company upon the expiration of the leave;


(d) inform the Company, in writing, as to


-the effective date of the intended leave and its length (i.e., number of weeks)

-changes, if any, in the intended leave, and

-the effective date of the return to work


In each instance, the employee will provide written notice to the Company at least four (4) weeks in advance unless there is a valid reason why such notice cannot be given (e.g., premature birth).


Employees eligible for the leave with pay will receive ninety-five percent (95%) of pay at their actual rate of pay (including any retroactive pay increases) for the two (2) weeks of Maternity/Adoption Leave coinciding with the EI waiting period after the employee submits proof that she has applied and qualified for EI benefits. The normal deductions from pay for the two (2) week period shall be made.


During the following fifteen weeks, the employee will receive a payment, Supplemental Employment Benefits (SUB), equal to ten percent (10%) of their regular basic wages, including any retroactive pay increases in addition to the Employment Insurance Benefits she is receiving.


The employees, on their first payroll deposit after returning to work, will receive five percent (5%) of the salary they were earning prior to the Maternity/Adoption Leave, for a two (2) week period. During the seventeen (17) week Maternity/Adoption Leave the Company will continue to pay the insurance premiums for the benefit plans in Articles 11.1 and 11.4 in which the employee is enrolled.


Vacation credits will continue to accrue while the employee is on Maternity/Adoption Leave, provided the employee returns to work.

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11.2.2 Leave for Employees with Child Care Responsibilities -

1. Where an employee has or will have the actual care and custody of a new-born child, that employee is entitled to and shall be granted an unpaid 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 Article 11.2 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 Article 11.2 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.


(III) 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 an unpaid leave of absence from employment of up to thirty-seven (37) weeks commencing on the day the child comes into the employee's care and custody.


2. Where both parents work in a business govern