62 Widmer Street
Toronto, ON M5V 2E9
Local: (416)348-9163
Fax: (416)348-9018
Toll Free: 1-866-841-4446
mail@ceplocal723m.com
Communications, Energy and Paperworkers Union of Canada
Between
CTV LTD, Toronto
-and-
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
NOVEMBER 1, 2009
To
MAY 31, 2014
THIS
AGREEMENT executed between
Bravo!, Digital Media, Fashion Television Channel, MuchLOUD, MuchMoreMusic, MuchMusic, MuchVibe, MuchMoreRetro, Space: The Imagination Station, Star!-The Entertainment Information Station, CP24, and all divisions of CTV 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,
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.
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.
Definitions
2.1 Employee - The term "employee" as used in this Agreement shall mean any person 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.
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".
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
Managers, those above the rank of Manager and employees of the Sales, Legal and Human Resources Departments are excluded
from the Agreement. The other excluded positions are as follows:
- Accounting Supervisors
- Administrative Assistants
- Administrative Coordinator,
- Administrator Business and Regulatory Affairs
- Anchors and Talent
- Art Directors
- Art Director (Interactive)
- Arts/Grants Promotion Officer (BRAVO!)
- Business Development Specialist
- Chief Financial Officer (CFO)
- Closed Captioning Supervisor
- Communications Coordinator
- Confidential Assistants
- Coordinating Producer
- Coordinator - Media Campaign (Interactive Sales)
- Creative Directors
- Creative Marketing Coordinator
- Creative Media Associate
- Creative Media Specialist
- Executive Assistants
- Executive Director – Bravo! Fact
- Financial Analysts
- Hosts
- Independent Production Development Officer
- Managing Assignment Editor
- Managing Director (Interactive)
- Managing Producer
- Managing Web Producer
- Marketing Coordinator - Specialty TV
- Marketing Research Analyst
- Music Programmer Sr.
- News Director
- News and Program Producers
- On-Air Announcers
- Operations Supervisor/Technical Producer
- Operations Supervisors
- Payroll Clerks
- Producer - News
- Producer / Director
- Program Operations Supervisor
- Program Producers
- Promotions Specialist
- Public Relations Coordinator
- Publicist
- Purchasing Supervisor
- Reporters
- Security Guard
- Security Representatives (Officers)
- Senior Copywriters
- Senior Creative Director
- Senior Floor Producers
- Senior Information Officers
- 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 Research Analyst
- Senior Security Administrator (1)
- Supervising Assignment Editor
- Supervising Director
- Supervising Producer
- Supervising Producer/Director Commercial Production
- Supervising Producer, Development/Specials
- Supervisor - Administration
- Supervisor - Business Systems
- Supervisor - ENG/EFP Maintenance
- Supervisor - Marketing and Publicity
- Supervisor - Marketing and Promotions
- Supervisor - News Administration
- Supervisors Operations
- Supervisor - Production
- Supervisor - Programming Operations
- Supervisor - Promotions
- Supervisor - Security
- Supervisor - System Administrator
- Supervisor - Technical Facilities
- Supervisor - Technical Maintenance
- Supervisor - Web Development (Interactive)
- Systems Maintenance Supervisor
- Traffic Supervisor
- Unit Administrator
- Videographer
- Web Analytic Specialist
- Web Developer/Planner (Interactive)
- Web Producer (Interactive)
- Web Producer (News)
- Web Supervising Producer
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.
2.3.1 Absence from work by probationary employees for personal or health reasons shall increase their probationary period by the time absent.
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 their 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.
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.
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 hired to work specific projects as per Article 2.4.1 (b) 2: and part time employees hired on a sporadic basis as per Article 2.4.1 (b) 3: 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.
Part time employees who work on a regular weekly scheduled shift as per Article 2.4.1 (b) 1: shall be eligible to enroll in the Company's Health Benefit Plan as at January 1st of the year following attainment of the criteria listed below.
In order to qualify for group insurance coverage, part time employees must meet the following criteria:
(a) Employees must be permanent part time (i.e., with no scheduled end-date)
(b) Employees will be eligible January 1st of each year
(c) Employees must have worked a minimum of 1248 hours in the previous calendar year
The following group Benefits will apply:
(a) Basic Life - flat coverage of $40,000; mandatory once employee is eligible
(b) Basic AD & D - flat coverage of $40,000; mandatory once employee is eligible
(c) Health - same provisions as full-time; can be waived if spousal coverage exists
(d) Dental - same provisions as full-time; can be waived if spousal coverage exists
(e) Vision - same provisions as full-time; can be waived if spousal coverage exists
Eligibility will be maintained for benefits provided the employee works at least 1248 hours annually. Benefit premiums shall be shared 20/80 between the Company and the part time employee. (Employee pays 20%, Company pays 80%)
(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 and will be paid bi-weekly 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.
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, they shall be paid the appropriate rate in accordance with this Agreement.
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.
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 they have 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.
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.
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.
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.
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 on base wages and total 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.
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.
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.
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 within five (5) working days.
(c)
Any notice
directed to employees pertaining to a change in the application or
agreed interpretation of this Agreement.
(d) 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 their acceptance as an employee, provide in writing, the starting rate of pay and the classification to which they are assigned along with a copy of the Company's benefit plans.. 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. It is agreed that the Union may supply a welcome letter and contact information which will be included with the employee's orientation material.
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.
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.
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.
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 eight (8) 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 or appointed 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 or appointment 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.
During such leave the employee will be permitted by the Company to participate in training opportunities and to access the work place in order to maintain skills and remain current on changes in technology at the Union's expense.
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.
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.
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.
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.
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.
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.
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 they have 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.
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.
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.
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.
Grievance Procedure
7.1 It is mutually agreed that it is the spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement.
7.2 The parties recognize that 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.
7.2.1 Where an employee has a grievance of an individual nature the employee shall first discuss the matter with the immediate supervisor, Department Manager, and/or if necessary. a Human Resources Manager with the object of resolving the grievance. An employee may have a Union Representative assist in this discussion.
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 or Human Resources 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 Department Manager or their designee for investigation and consideration. For this purpose the Department Manager or their designee and a Human Resources Manager 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 Managing Director or their designee and/or a Human Resources Director, and the National Union Representative 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.
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.
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.
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.
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.
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.
Corrective Action (Discipline)
- 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.
TheCompany 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. - 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.
- 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.
- 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.
- 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.
- 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.
8.2 An employee shall have access to their personnel file in the presence of their supervisor during office hours, once every six (6) months (or earlier in the case of a grievance), at a mutually agreeable time, but in no event later than five (5) working days after the initial request.
8.3 Employees may request to meet with their supervisor and/or department manager on an annual basis for a personal performance appraisal.
8.4 Performance Improvement Plan - When a department manager has identified the need to address performance improvement with an employee in order to meet operational expectations the department the manager will meet with the employee for the purpose of reviewing the duties, responsibilities and requirements of the employee’s job and to identify specific areas of performance in which improvement is required.
8.4.1
- Where after one (1) month following the meeting described in Article 8.4 that the employee still has an unsatisfactory level of performance and needs improvement, the employee’s manager will notify the employee in writing that the formal Performance Improvement Process will begin.
The formal Performance Improvement Process shall have the following steps:
- Prior to the scheduling of the first meeting under the formal Performance Improvement Plan process the employee will be offered union representation. If the employee refuses Union representation, the Union will be notified in writing of such refusal. At the first meeting the manager will provide a written version of the duties, responsibilities and requirements of the employee’s job. The areas where improvements are required will be clearly identified to the employee. The manager, the employee and the Human Resources Manager will discuss and establish the actions needed and develop an action plan. The action plan will identify the desired outcomes and the process required to achieve them. A written plan will be provided to the employee and the Union.
The manager and Human Resources will keep documentation in the employee’s file regarding any discussions concerning the employee’s performance while the employee is involved in a Performance Improvement Plan. - The process will include a monthly review for a period of up to three (3) months, during which the employee, the manager and Human Resources will jointly review the employee’s progress towards meeting outcomes of the action plan and requirements of the job. Union representation will be offered at each of these monthly reviews. If at any point, the employee is meeting the objectives of the action plan and requirements of the job on a continuing and consistent basis, the Performance Improvement Plan will end. This fact will be recorded in writing and signed by the manager and the employee.
All documentation pertaining to the performance Improvement Plan shall be removed from an employee’s file after twenty-four (24) calendar months of the end date of the Plan.
8.4.2
- If by the end of three (3) months following the start of the Performance Improvement Plan the employee is not meeting the objectives of the action plan and requirements of the job, the following will occur:
- The Company will meet with the employee and a Union Representative.
- At such meeting, vacant permanent positions at the same or lower salary levels will be canvassed. If such a vacancy is found and if the employee meets the criteria in accordance with Article 9.2 they will be placed in the vacancy without posting the position. In the event of a placement at a lower salary classification, the employee will be placed on the salary scale of the lower classification at the step closest to and not more than the employee’s salary in the current classification.
- If a position is found but refused, or if no position is found, the employee will be laid-off and provided with three (3) weeks pay for each year of continuous service (for employees hired on or after January 1, 1992 the maximum severance is sixty-six (66) weeks). Bumping and recall rights will not apply in such cases.
8.4.3 - It is understood that this process does not apply to:
- an employee whose inability to perform their job is due to a temporary or permanent disability; or
- an employee affected by “technology change” at the time the technology is introduced until the employee has received training in respect of the technology change.
- an employee during their probationary period.
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, CHUM Limited or CTV Inc., 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.
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.
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).
9.1.3 An employee shall lose seniority and shall be deemed to be terminated in the event they:
- resigns or retires;
- is discharged and the discharge is not reversed through the grievance or arbitration procedure;
- 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;
- fails to respond and return to work from a layoff as per Article 9.5.2.
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 their 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.
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.
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.
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.
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 their promotion or transfer was denied and will bring to the employee's attention any shortcomings which may affect their opportunities for advancement.
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.
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.
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 their 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.
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.
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.
9.4.4
While an employee is laid off, or on recall, the Company will provide the following benefits: major medical including: drugs, dental and vision care for up to six (6) months or until the employee is eligible for benefits at the
new place of employment, whichever should occur first. 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.
N.B. It is understood that an employee who is laid off and receives severance shall be entitled to the above noted benefits during the eligible weeks of severance up to six (6) months or until the employee is eligible for benefits at a new place of employment.
9.4.5 The Company agrees that it will not consistently schedule overtime in order to affect or extend layoffs.
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. Until then the employee's salary shall be frozen (red circled) until they revert to the lower salary group. An employee's placement on the lower salary group shall be on the wage step closest to the salary that was frozen.
|
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 |
9.4.7 - If an employee who has reverted to a lower salary group applies for and obtains a posted full-time position in another classification, in the same or lower pay group, the employee shall be paid according to the new classification and placed on the wage step which is equal to or nearest the salary the employee was earning on the date of the transfer. If the employee applies for and obtains a posted full-time position in a higher paid classification Article 16.3 shall apply. In such case the employees’ right to recall to their former position shall end.
-
Re-engagement of Laid-Off Employees
Employees will retain their seniority and have recall rights as follows:
- Employees with less than one (1) year seniority will retain recall rights for six (6) months.
- Employees with more than one (1) year seniority will retain recall rights for twelve (12) months.
- Employees with more than three (3) years seniority will retain recall rights for twenty-four (24) months.
- 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.
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 their 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.
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.
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.
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.
- In the event the Company introduces or permits to be used any process, machinery, or equipment/software which substitutes for, supplements or replaces any present process, machinery or equipment being operated by employees within the Bargaining Unit, such process, machinery, or equipment/software shall be operated and maintained only by employees in the Bargaining Unit provided that operation and maintenance are required as herein set forth.
- Where the Company has introduced any process, machinery, or equipment/software which substitutes for, supplements or replaces any present process, machinery or equipment/software being operated by employees within the Bargaining Unit the Company shall provide training to employees assigned to perform, operate and maintain such process, machinery, or equipment/software.
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:
- 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. An employee laid off as a result of Technological Change shall be entitled to exercise seniority rights or receive severance pay and benefit continuation in accordance with Articles; 9.4, 9.5 and 9.6. No further notice will be required pursuant to Article 9.4.2 provided the Company has posted the notice referred to above to the entire bargaining unit.
- 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.
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.
Employee Benefits
11.1 - The Union recognizes the benefits contained in the CTV Ltd. Employee Benefit Plan (Policy #97452) as follows:
| Benefit | Premium Cost Sharing | |
| Employer | Employee | |
| Basic Life | 80% | 20% |
| Basic AD & D | 80% | 20% |
| Dependent Life | 80% | 20% |
| LTD / Critical Illness | 100% | |
| Extended Health | 80% | 20% |
| Vision | 80% | 20% |
| Dental | 80% | 20% |
| Sick Leave (STD) | 100% | |
| Employee Assistance Program | 100% | |
| Business Travel Accident | 100% | |
The CTV Employee Benefit Plan covers employees if single coverage is selected and employee, spouse and children if family coverage is selected. If an employee has coverage through a spouse, dental vision and health care benefits may be waived upon proof of alternate coverage.
The Company chall have the benefit provider issue Drug Cards to all employees which enables the employee to fill prescriptions under the benefit plan with payment of 10% for generic drugs and 25% for name brand drugs. Name Brand Drugs that don't have a generic product will be reimbursed at 90%.
An employee who is incapacitated for duty through a medically substantiated illness shall be paid for the time off from work for such illness or accident for up to 182 days (134 work days). Should such illness or accident exceed this 182 day period the employee must apply before the expiry period for Long Term Disability Benefits.
- When an employee is medically unable to perform their regular duties or reasonably modified duties which accommodate the employee’s medical restrictions, an employee shall notify their department head, or other person as determined by the Company from time to time, as soon as possible after their 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 they are medically unable to attend work and the expected time they will report back to work.
- An employee shall offer proof, satisfactory to the Company, of their 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.
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.
11.1.3 Should an employee be injured or become ill while on vacation, where such illness was serious enough to legitimately impair their 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 (a) Maternity Leave - A pregnant employee with six (6) months continuous service or more may apply for unpaid maternity leave upon four (4) weeks advance written notice, and such leave shall be granted by the Company. 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.
11.2 (b) Adoption Leave - 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 adoption leave upon four (4) weeks advance written notice, and such leave shall be granted by the Company. The period of unpaid leave shall commence when the child, or children, are received. The total maximum period of leave shall not exceed thirty-seven (37) 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. Where both parents work for the Company, and the leave is shared, the thirty-seven (37) weeks may be shared as long as the aggregate total is not to exceed thirty-seven (37) weeks.
11.2.1 During the Maternity or 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 six months of continuous service prior to the commencement of the Maternity or 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 under 11.2 a) or 11.2 b) will receive one hundred percent (100%) of pay at their actual rate of pay (including any retroactive pay increases) for the two (2) weeks of Maternity or 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.
The Company will also pay six (6) weeks of post natal pay at the employee's base pay, to be paid over three (3) pay periods upon return to work on a regular full-time basis in addition to other entitlements under this Agreement. Such payments will be subject to all regular deductions required by law. Should an employee voluntarily terminate their employment within six (6) months of their return to work on a full-time basis the employee will be required to reimburse the Company the post natal pay. Where two adoptive parents work for the Company, and share the leave, only one can recieve the pre and post natal pay.
Vacation time without pay will continue to accrue during Maternity or Adoption Leave provided the employee returns to work and provided such vacation accrual is used at the end of the Maternity/Adoption/Child Care leave and prior to the employees' return to work.
1. Where an employee, who has not taken adoption leave under Article 11.2 (b), 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 (a) 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 (a) 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.
2. Where both parents work in a business governed by the Canada Labour Code (Federal jurisdiction), the thirty-seven (37) weeks may be shared, but the aggregate total is not to exceed thirty-seven (37) weeks. Where one employee takes maternity/adoption and child care leave, the combined total period of leave of absence shall not exceed fifty-two (52) weeks.
3. An employee must give at least four (4) weeks written notice of their intention to take child care leave unless there is a valid reason why such notice cannot be given. Notice must also include the length of leave intended to be taken. If the length of leave is to be changed, after the original notice or while on leave, four (4) weeks notice, in writing, is required except where valid reasons exist.
11.2.3 The taking of maternity leave is not mandatory. The Company may not require a pregnant employee to take leave unless the employee is unable to perform an essential function in her position and there is no appropriate alternative job available. The burden of proof respecting inability to perform an essential function rests with the Company. If the inability test is met then the forced leave is only for such time as the inability to perform the essential function continues.
11.2.4 Employees who intend to take maternity or child care leave may request, in writing, to be informed of any employment, promotional or training opportunities which may arise during the leave and for which the employee is qualified. The Company must provide such notices in writing.
(a) An employee upon return to work from such child care leave will be reinstated in the employee's former classification. An employee's failure to return to work at the conclusion of the period for which the leave of absence was granted may result in termination at the Company's sole discretion.
(b) If wages and benefits are changed as part of a plan to reorganize the Company's establishment, including Collective Agreement revisions, the employee is entitled, upon being reinstated, to receive wages and benefits as if the employee had been working during the reorganization. When such reorganization takes place which will result in a change in wages and benefits, the Company must notify the employee, in writing, as soon as possible.
(a) Seniority will continue to accrue without interruption during child care leave, except that vacation credits shall not accrue during such leave.
(b) The Company shall pay one hundred percent (100%) of the benefit plans contained in Article 11.1 during Maternity/Adoption and child care leave.
(c) During the Maternity/Adoption and Child Care Leave the employee may continue to participate in the relevant pension plan on the condition that the employee provides the Company with payment for their portion of the pension contributions. If the employee fails to make such contributions the employee's participation in the relevant pension plan will be suspended and the Company will not be required to make any contributions to their pension plan on behalf of the employee during the leave.
11.2.6 The Company shall not dismiss, suspend, lay off, demote or discipline an employee because an employee is pregnant or has applied for leave under Article 11.2. Pregnancy or intention to take leave is not to be taken into account in any decision to promote or train the employee.
11.3 Parental Leave - On reasonable notice an employee who has completed six (6) months of continuous service with the Company will be granted a leave of absence of up to five (5) days with pay at the time of the birth or adoption of a child or children of less than six (6) years of age. Only a parent who is not taking the Maternity/Adoption Leave is eligible to take such leave at the time of the birth or adoption of their child.
11.4 Pension Plan - The Pension Plan in existence at the signing of this Agreement shall apply during the term of this Agreement, subject to the terms and/or conditions of Provincial and/or Federal legislation. Employees enrolled in the Pension Plan shall receive annually an audited statement of their status in the Plan.
Effective September 1, 2010, it is agreed that the existing Defined Benefit Pension Plan shall be amended insofar as a new "base year" will be established as part of the plan for all active members. The effect of the base year in terms of the career average earnings formula will be to fix an income base for all years including and preceding 2000 at the salary of each member on December 31,2000. The formula will use the new salary base for calculation of all pension entitlements for years prior to 2001.
The CHUM Defined Benefit pension plan shall continue for all employees in the bargaining unit as of the date of ratification.
Employees in the bargaining unit as of the date of ratification who are eligible to join but not enrolled in the CHUM Defined Benefit pension plan will have until November 15, 2010 to elect to join the CHUM Defined Benefit pension plan. If such employees elect to join the CHUM Defined Benefit pension plan within the timeline, they will begin to participate in the CHUM Defined Benefit pension plan on January 1, 2011. If the employees elect not to participate in the CHUM Defined Benefit pension plan, the employees will automatically be enrolled in the Defined Contribution Retirement Plan for Employees of CTVglobemedia Inc. and Associated Companies (the "DC Plan") upon attaining 30 years of age and upon completing one year of full time service.
Employees in the bargaining unit as of the date of ratification who are not eligible to join the CHUM Defined Benefit pension plan and employees who commence employment with the Company after the date of ratification shall be entitled to participate in the DC Plan only. Participation in the DC Plan is mandatory for all eligible employees aged 30 years or older and who have completed one year of full time service.
11.5 Special Leave - A bereavement leave shall be granted for the purpose of making funeral arrangements and/or attending the funeral when an employee is required to be absent due to a death in their immediate family on the following basis:
5 days - spouse or children, legal guardian, father, mother, brother, sister.
3 days - mother-in-law or father-in-law, grandparent, spousal grandparent, brother-in-law or sister-in-law.
Immediate family shall include common-law relationships of one (1) year or more. Pay for such bereavement leave will be limited to the number of working days prescribed above, occurring immediately prior to and/or following the day of the funeral.
11.5.1 The Company will consider requests for additional leave when travelling is necessary, however, the granting and payment of such leave will be at the discretion of the Company.
11.5.2 The Company will consider requests for and may grant leave, without loss of seniority or leave credits to an employee faced with domestic responsibilities or unforeseen emergencies that affect the employee and the employee’s immediate family. For example, to care for a sick child or other family member, to accompany a child or spouse to a medical appointment, to make alternate arrangements when caregivers are sick, and other family emergencies. The payment for such leave will be at the sole discretion of the Company. The Company may require appropriate documentation to support a request under this article and will so advise the employee at time of notification. Additional time off may be requested under Article 11.7. Where possible an employee shall notify their supervisor in advance.
11.5.3 The Company will consider requests for time off for medical, dental and eye appointments, providing reasonable advance notice is given and the employee is unable to make such appointments outside of the working schedules. Employees may be required to make up for missed time within the same pay period, or by such other time as agreed to by their manager, without eligibility for overtime and/or penalties in order to complete work assignments. Alternatively the employee may, with the mutual agreement of their manager, use banked time credits to cover such absences.
11.6 Witness or Jury Duty - Employees called to serve on juries or to obey a subpoena shall receive their regular salaries during such periods, less the fees received for such service provided the employees return to work if they are released from jury duty prior to 1:00 p.m. An employee serving on a jury will not be assigned to work on evenings or weekends during such jury service.
11.7 Leave of Absence - The Company will consider, on an individual basis, all requests for long term leaves of absence without pay. Such requests must be made in writing to the employee’s Manager, specifying the reasons and the duration for the leave. As per Article 9.1.3, an employee who fails to return to work upon completion of the leave of absence or who uses the leave of absence for purposes other than those specified, will be subject to termination of employment. The granting of such leave will be at the sole discretion of the Company.
11.8
Education and Training -
The Company encourages all employees to expand their knowledge
through either formal education or special courses and seminars. The
Company will reimburse an employee for one-half (½) of the
cost of the program, providing that:
(a) The course, seminar or continuing education program must be approved in advance and must relate to the job classification of the employee, or directly further the employee's advancement within the Company.
(b) The course, seminar or continuing education program must be successfully completed and the Company provided with a detailed receipt of expenses, certificate of achievement or diploma and course marks.
The Company, at its discretion and with regard to operational requirements may modify work schedules, including providing time-off from work, to assist an employee requesting accommodation to complete such courses.
11.8.1 If the Company requests that an employee attend a particular course, seminar or continuing education program, and the employee agrees, the Company will pay one hundred percent (100%) of the costs.
11.9 Outside Activities - The first professional obligation of employees shall be to the Company. Employees shall be free to engage in any activities outside working hours provided such activities do not consist of service performed for any other person or Company in direct competition with the Company or when such activities would create a conflict of interest (unless prior approval is obtained from the Company) and provided these outside activities do not interfere with their service to the Company.
Travel Provisions and Expenses
12.1 Transportation - The Company shall reimburse the employees for all necessary travelling and other expenses when such travel is authorized by the Company.
a) All per diems in accordance with this article shall be paid in U.S. Dollars when the employee is assigned to travel outside Canada.
b) Use of the employee's own automobile for transportation in connection with their assigned duties must be previously authorized before reimbursement will be made.
12.1.1 In such authorized cases the Company shall pay reimbursement at the rate of forty-one cents (41¢) per kilometer, with a minimum payment of five dollars ($5.00) per day. The Company shall have the right to determine the method of transportation used except that the use of public motor buses shall not be required when transportation of heavy or bulky technical equipment is required. Employees shall not be required to use their own automobiles unless they consent thereto. Employees shall be reimbursed every two (2) weeks for all authorized expenses, made for and on behalf of their assignments as provided herein upon submitting a statement for approval, with receipts where appropriate, on forms prescribed by the Company.
12.1.2 The Company agrees to maintain adequate liability insurance on all vehicles owned or rented which the Company requests an employee to drive. Said vehicles will be maintained in a safe operating condition. It is the responsibility of an employee to report immediately any operating deficiencies so that they may be remedied. Company vehicles are not to be used for personal purposes, without prior Company approval.
12.1.3
Travelling Time Credits
- Employees shall be credited with all time used during their day's
assignments in which travelling is authorized, except as follows:
Employees travelling on a common carrier on a work day when no work is done shall be credited with all time used at basic (straight time) rate, with a maximum credit of twelve (12) hours in any one day computed as follows:
(a) When the employee departs from home, from one hour before the departure of the common carrier to the time of arrival of the common carrier at the final destination.
(b) When the employee departs from their normal place of employment to travel on a common carrier, from the time the employee reported to his normal place of employment to the time of arrival of the common carrier at the final destination.
(c) When the employee departs from a place of lodging when on an out-of-town assignment, from one hour before the departure of the common carrier to the time of arrival of the common carrier at the final destination.
In the case of international travel in accordance with (a) and (c) above, one hour will be added to compensate for the additional time required for Customs and Immigration clearances.
It is understood that travel on a day off shall be regarded as work on a day off and shall be calculated using (a), (b) and (c) above.
12.1.4 Employees who are unexpectedly required to begin or end a tour of duty (i.e. the employee was not notified of a change in start or finish time in accordance with Article 14.4) at a time when public or other transportation is not available shall be reimbursed the cost of taxi fare to or from home upon presentation of a proper receipt.
12.1.5 Any female employee who begins or finishes her authorized assignment between 0001 hours and 0600 hours shall be reimbursed taxi fare home when required, upon presentation of a proper receipt to a maximum of twenty ($20) dollars per tour of duty.
12.1.6 The Company shall provide sufficient working time and reimburse an employee for any approved expense incurred by the employee in travelling between assigment locations within Metropolitan Toronto after the employee's tour of duty has begun at one location.
12.2 Expenses - Providing that the Company does not provide a meal [Article 15.4(b)], when employees are required to work "out-of-town", they shall be reimbursed for the cost of any meal required during their regular meal period as follows:
(a) Breakfast $12.00
(b) Lunch 16.00
(c) Dinner 26.00
(d) Subsequent 11.00
12.2.1 The meal allowances contained in Article 12.2 will not apply to ENG/EFP Camera Operators unless they are assigned to a meal period outside of the area defined in the map appended to this Agreement.
12.3 Definition of Location and Location Expenses - For the purposes of this Agreement, the following definition of "location" shall apply:
(a) "Local" location is considered to be any point within the municipalities of Metropolitan Toronto and Mississauga, which includes Pearson Airport.
(b) "Out-of-Town" location shall be any point beyond the limits defined as "Local" location.
12.3.1 Employees on "out-of-town" assignments which require overnight accommodation, shall receive a per diem allowance of seventy dollars ($70.00) or Company policy, whichever is higher, to cover the cost of meals and miscellaneous expenses for each completed twenty-four (24) hour period, or three dollars and twenty-five cents ($3.25) per hour to a maximum of seventy dollars ($70.00) where absences involve fractions of a day. Where exceptional conditions require higher per diems than those contained herein, the Company will provide an additional amount based on conditions at the location concerned. Per diem allowances will be paid in U.S. funds for travel outside of Canada. Costs of currency conversion or purchase of foreign funds will be reimbursed upon submission of receipts on an expense statement.
Where suitable meals, including choice of items, recognizing individual dietary requirements including, vegetarian, religious, and/or medical considerations, are provided to employees on assignment who receive the required time away from work duties to eat, the per diem amounts may be reduced up to the amount of meal allowances involved in accordance with Article 12.2. A reduction of per diems will not apply when only light items are available at the same time work is being performed.
12.3.2 Employees on "out-of-town" assignments requiring overnight accommodation shall receive single occupancy first class accommodation as per CAA standards at Company expense when available at the location concerned.
12.3.3 For employees on "out-of-town" assignments who request it, cash will be advanced in the equivalent of the estimated amount of approved expenses expected to be incurred on the assignment. Each employee must give an accounting of expenses together with receipts within five (5) days after completion of the assignment. If this is not done, upon five (5) days written notice the Company may recover such amounts as it estimates are owing from amounts owing to the employee.
12.3.4 ENG and EFP Camera Operators shall be given a one time advance of fifty dollars ($50.00) to cover miscellaneous expenses during their assignments. These employees shall be reimbursed for approved expenses within three (3) days after an expense voucher, complete with receipts, is submitted.
Annual
Vacation and
Paid Holidays
13.1
Annual Vacations - Earned Vacation Credits
Full time employees shall earn vacation credits as follows:
- Less than twelve (12) months continuous employment- eight (8) hours per month to a maximum of 80 hours of paid time.
- Twelve (12) months or more, but less than seventy-two (72) months of continuous employment [one (1) year to six (6) years] ten (10) hours per month to a maximum of 120 hours of paid time.
- Seventy-two (72) months (6 years) or more, but less than one hundred and ninety-two (192) months of continuous employment (6 years to 16 years) thirteen and one third (13 1/3 ) hours per month to a maximum of 160 hours of paid time.
- One hundred and ninety-two (192) months (16 years) or more, but less than three hundred (300) months (25 years) sixteen and two thirds (16 2/3 ) hours per month to a maximum of 200 hours of paid time.
- More than three hundred (300) months (25 years) twenty (20) hours per month to a maximum of 240 hours of paid time.
The annual vacation year is September 1st to August 31st
- Effective September 1, 2010 and thereafter, employees will be eligible to use their vacation credits for the vacation year. Individuals who leave the Company having taken unearned leave will have the equivalent amount deducted from their final pay. Employees are not permitted to borrow vacation credits from the next vacation year.
- Vacation is to be taken within the vacation year except that employees shall be entitled to carry forward a maximum of five (5) days of vacation credits from one vacation year to the next vacation year which must be used in the next vacation year.
- Employees who at the signing of this agreement had earned credits with CHUM Television/CTV Ltd. prior to August 31, 2010 will be allowed to bank these credits and must use these credits prior to August 31, 2015.
- Credits earned and banked from CHUM Television will be scheduled and taken on a first come fist serve basis and will not be applied on a seniority basis during the June 15th - September 16th and Christmas - New Year's time period.
_____________________________
RECAP
Service:
Company Seniority Duration of
computed as of Vacation In % of Gross
June 30 of each year Working Days Earnings
Less than 12 months 8 hours per month @ 4%
12 to 72 months 120 hours @ 6%
72 to 192 months 160 hours @ 8%
192 to 300 months 200 hours @10%
over 300 months 240 hours @12%
_____________________________
13.1.1 If employment is terminated for any reason, accrued vacation credits shall be liquidated in cash.
13.1.2 Scheduling of Annual Vacation - The Company shall have the right to determine the number of employees which may be released for vacation from any job classification at any one time. Preference shall be given on the basis of Company seniority within the job classification, provided that an employee with more seniority may not require the Company to alter a scheduled vacation of an employee with less Company seniority once the vacation period has been confirmed by the Company. Subject to the above conditions, employees may take their vacation at any time, excepting December 24th to January 1st, by submitting their request to their supervisor at least sixty (60) days in advance of the proposed vacation period. The Company shall confirm or deny the vacation request within fifteen (15) working days following its submission. The granting of such requests shall not be unreasonably withheld.
When the projected vacation
period is
to begin or end between June 15th and September 15th the request must
be submitted prior to April 1st otherwise preference on the basis of
Company seniority will not exist. Subject to scheduling emergencies,
approved vacation schedules will be posted no later than May 1st.
Vacation requests on short notice will be considered as in the past.
13.1.3 An employee who is absent on the work day prior to or subsequent to a paid vacation day may be required to provide a medical certificate verifying any similar absence in the next two (2) years (following the first absence). In the event such an employee, who is advised by their Manager prior to another vacation period, to provide a medical certificate verifying an absence prior or subsequent to a vacation period fails to provide a valid medical certificate, the absence shall be deemed to be an unacceptable absence for which corrective action may be implemented.
13.1.4 Employees shall be entitled to have at least two (2) weeks of their vacation scheduled consecutively and request for additional consecutive vacation leave will not be unreasonably denied.
13.2 Paid Holidays - The Company recognizes the following as paid holidays:
New Year's Day |
Civic Holiday |
Family Day |
Labour Day |
Good Friday |
Thanksgiving Day |
Victoria Day |
Christmas Day |
Canada Day |
Boxing Day |
Plus any day duly proclaimed by the Federal or Provincial Authority as a public holiday. In addition to the holidays listed above, two (2) additional holidays will be granted and taken at the mutual discretion of the employee and the Company. In the case of new employees, the additional holiday shall be credited after six (6) months Company seniority, and the second additional holiday shall be credited after twelve (12) months Company seniority. The credited additional holidays shall be taken within the calendar year in which they are earned.
When one of the holidays
listed above
falls on a Saturday or Sunday and another week day is proclaimed a
holiday by the Federal or Provincial Government, the Saturday or
Sunday shall be deemed to be the holiday for the purposes of this
Agreement, except for those employees who regularly work Monday
through Friday, in which case the proclaimed day shall be the
holiday.
Employees who for personal or religious reasons wish to observe a holiday other than the above listed paid holidays may, upon reasonable advance written notice, request that one of the paid holidays, or a floating holiday, be considered as a normal working day and that another day be substituted and that the substituted holiday shall be treated as a paid holiday for the purposes of this Agreement.
An employee who is absent on a work day prior to or subsequent to a statutory holiday, may, for up to the next two (2) years, be required to provide a medical certificate, to justify an absence immediately before or after a paid holiday in order to qualify for statutory holiday pay.
13.2.1 Full-time employees shall be compensated for the above holidays in the following manner:
(a) If the holiday falls on a regular working day and the employee is not required to work, the employee shall receive their normal basic pay for such day.
(b) If the holiday falls on the employee's scheduled day off or during a vacation period, the employee may add one (1) day to their annual vacation or be given one (1) day off with pay at a mutually agreeable time.
An employee who regularly works either eight, ten or twelve hour shifts, shall be entitled to add the hours regularly worked to their bank of vacation time. For employees who work different shift durations, such employees shall be entitled to add eight hours to their bank of vacation time.
(c) If a holiday falls on a scheduled work day and the employee is required to work, the employee shall receive two and one-half (2½) times the basic rate (which amount shall include the basic rate) with a minimum credit of eight (8) hours, except that all hours worked and/or credited in excess of eight (8) hours per day, or the regular tour of duty, will be paid at three (3) times the basic hourly rate.
(d) If the holiday falls on a scheduled day off and the employee is required to work, the employee shall receive three (3) times their basic rate (which amount shall include the basic rate) with a minimum credit of eight (8) hours, except that all hours worked and/or credited in excess of eight (8) hours per day will be paid at three and one-half (3½) times the basic hourly rate.
13.2.2 With respect to Article 13.2.1, (c) or (d), an employee shall be permitted to add one (1) day off to their annual vacation or be given one (1) day off at a mutually agreeable time, and this shall result in a reduction of the normal basic pay only from the holiday payment earned under either Article 13.2.1 (c) or (d). The employee must indicate their option on the time sheet submitted for such holiday. If the employee elects to add one (1) day off, then the employee also must indicate the date desired on that time sheet. If, at such time, the employee fails to designate a date for their day off, then the Company shall pay the employee for the holiday in lieu of the day off. Under Article 13.2.1 (b), (c) or (d), the maximum number of days off that may be added to the annual vacation is five (5) per year. If the days off that are added to the annual vacation exceed five (5) days, then the Company will pay the employee for any days off that are in excess.
13.3 Scheduling of Christmas and New Year's Holidays - Before November 15th of each year the employees will advise the Company, in writing, of their preference of scheduling of Christmas or New Year's holidays. The employee's choice of Christmas or New Year's Day shall be granted based on Company seniority within the job classification and each employee, if they so requests it, shall be scheduled off on either Christmas or New Year's Day. Confirmation of the employee’s request for either holiday shall be posted by the Company by December 1. This Article shall not apply to an employee who has elected to substitute a holiday for either Christmas or New Year's Day (Article 13.2). The Company will make its best efforts to arrange that an employee who has Christmas day or New Year's Day off not be required to work past 20:00 hours on the eve of that holiday. No payment will be made to the employee for any encroachment created by changes in regular shift patterns in order to comply with the employee's request pursuant to this Article.
Hours
and Scheduling of
Work
14.1 Work Week - For full-time employees in each fourteen (14) day calendar period there shall be eighty (80) hours of work commencing at 00:01 a.m. Monday. The work day shall be a minimum of eight (8) hours exclusive of the first meal period, but inclusive of all other meal periods and break periods, but may also be ten (10) or twelve (12) hours. During this fourteen (14) day calendar period there shall be a minimum of four (4) days off which will be scheduled in blocks of two (2) or more consecutive days. No full-time employee shall be required to work more than seven (7) consecutive days without receiving days off. If days off are scheduled before and after a paid holiday, and the employee is not required to work the paid holiday, the days off will be considered to have been scheduled consecutively.
Employees classified as clerical will have an inclusive one (1) hour first meal period. Employees classified as “clerical” employees will be defined as: Hospitality/Special Events Assistant; Switchboard/Receptionist; Accounting Clerk #1; Accounting Clerk #2; Accounting Clerk Senior; Traffic Coordinator Junior; Traffic Coordinator; Traffic Coordinator Senior.
14.1.1 Agreed Schedules - The Company and the Union recognize that there are different work schedules or shift patterns possible within the framework of the Company's operation other than the standard work period or work day. To this end, the Company will plan with such employees work schedules which are mutually agreeable and in such cases it is agreed that the overtime provisions of Article 14 and meal provisions of Article 15 and any other Articles affected will be modified as required. Any such agreements will be put in writing, and signed by both parties and will require approval by the Local Union. However, such agreed upon schedules may be reverted to the normal work period by either the Company or the employees giving notice at least two (2) Fridays prior to the work period in question. This return to the normal work period will be made at the earliest possible date which will not incur shift change penalties or premiums.
14.2 Tour of Duty - A tour of duty or tour shall mean the authorized and/or approved time worked by an employee during a day, calculated to the end of the last quarter (¼) hour in which work was performed. If a tour of duty extends beyond midnight, it shall be considered as falling wholly within the calendar day in which it starts. There will be no assignment of split shifts, however, part-time employees may elect to accept more than one assignment in a day.
14.2.1 (a) Attendance - It is every employee’s responsibility to report to work on time as scheduled unless an employee is medically unable to report for work as per Article 11.1.1. In the event an employee is unable to report for work for any other reason the employee must notify the Company as soon as reasonably possible but no later than two (2) hours before the beginning of the scheduled start time where reasonably possible. Excessive absenteeism will be managed through Corrective Action (Article 8.1).
(b) Lateness - Employees are responsible for initiating work at their designated start time. An employee who is not prepared to initiate work at the designated start time is late for work regardless of the time of arrival. Excessive lateness will be managed through Corrective Action (Article 8.1).
14.3 Overtime Computation - All time worked in excess of the regularly scheduled tour of duty, as provided in Articles 14.1 and 14.1.1, in any one (1) day shall be paid at one and one-half (1½) times the basic hourly rate of the employee. An additional half (½) times the basic hourly rate of the employee will be paid for all hours worked in excess of four (4) hours overtime worked, in any tour of duty, as provided in Articles 14.1 and 14.1.1.
14.3.1 The Company will use its best efforts to assign overtime in a fair and equitable manner.
14.3.2 An employee may refuse to work overtime, however, if all employees in a classification, in a department, refuse to work or cannot be reached to do the work, the Company will require the most junior qualified employee in the classification in the department to do the work. Where such assignment constitutes more than sixteen (16) hours of overtime over the fourteen (14) day period the next most junior qualified employee may be so assigned, and so on.
In the case of work or an assignment of a continuing nature or a business emergency, the employee who had been assigned to the work or assignment may be required to perform the overtime.
14.4
Posting of Schedules - Each
employee’s work schedule shall be posted by 5:00 p.m. two (2)
Fridays prior to the week covered by the work schedule. The schedule
shall state clearly daily starting and finishing time and days off.
Once posted, days off shall not be changed without the employee’s
consent.
Notice of change in starting time shall be given as far in advance as possible, but not later than 1:00 pm of the day prior to the day in question to replace an employee in the case of unexpected absence or 5:00 pm two (2) days prior to the day in question for any other reason, except as follows:
(a) If a change in start time occurs within seven days of the effected tour of duty the employee shall receive, in addition to their regular pay for the tour of duty, one hour of pay at time and one half basic for each hour the start time is altered in excess of three hours.
(b) If a change in start time occurs after 1:00 pm the day prior to the day in question, in the case of the unexpected absence of another employee or 5:00 pm two days prior to the day in question for any other reason, the employee shall be credited with all hours originally scheduled, plus any additional hours, provided that such time is paid for at the appropriate rate.
Where a change in start time occurs in (a) or (b) above it is understood that (a) or (b) will apply but not both.
When an employee is on duty, the Company will be deemed to have given notice of change in start time when such notice is posted and the Company has made a reasonable effort to reach the employee. If the employee is off duty, the Company will notify the employee directly. Employees on duty have an obligation to check the work schedule for changes.
It is the intent of the foregoing to ensure that each employee shall be apprised of the daily work schedule at the earliest possible time.
14.4.1 Excepting where weekend work is a condition of employment, the department heads will arrange work schedules so that each employee shall have at least every third (3rd) weekend off unless agreed to otherwise by the employee and the Company.
14.5 Scheduled Days Off - A scheduled day off, vacation day, or day in lieu shall be defined as twenty-four (24) hours for each such day, plus a turnaround period of twelve (12) hours for a total of thirty-six (36) hours. Where two (2) or more days off are taken consecutively, or in conjunction with a paid holiday or leave of absence, only one twelve (12) hour turnaround period shall apply.
14.6 Work on Scheduled Days Off - When an employee agrees to work on a scheduled day off, work performed on that day shall be compensated at one and one-half (1½) times the basic rate, with a minimum credit of eight (8) hours. When an employee works on a second day off, after having worked on their first day off, work performed on the second day off shall be compensated at two (2) times the basic rate, with a minimum credit of eight (8) hours. Should the hours worked on a day off exceed eight (8) hours, all time worked in excess of eight (8) hours [but less than twelve (12) hours] will be paid at an additional one-half (½) times the basic rate. Should the hours worked or credited on a day off exceed twelve (12) hours, all time worked or credited in excess of twelve (12) hours will be paid at an additional one (1) time the basic rate.
|
Hours Worked/Credited |
1st Day Off |
2nd Day Off |
|
0 - 8 |
1½ x Basic |
2 x Basic |
|
8 - 12 |
2 x Basic |
2½ x Basic |
|
Over 12 |
2½ x Basic |
3 x Basic |
14.6.1 An employee may refuse to work on a scheduled day off and shall not be penalized for such refusal, however where there is an unexpected absence of a scheduled employee, or where a business emergency requires it, work on a scheduled day off will be assigned to any available qualified employee in inverse order of department seniority. Where such assignment constitutes more than sixteen (16) hours of overtime over the fourteen (14) day period the next most junior qualified employee may be so assigned, and so on.
An employee is available if they can be reached and directed to work. The Company will make a reasonable effort to reach a junior qualified employee before assigning a senior employee.
-
Notice of cancellation of assigned work on a scheduled day off or on a holiday shall be given no later than the end of the fourth (4th) hour of the previous shift of the employee concerned. If such notice is not given, the employee shall receive a minimum of four (4) hours pay at the basic rate, computed separately from the work week.
-
When work was performed on consecutive days off in different work periods, e.g., two (2) consecutive days off in one (1) work period are taken contiguously to the two (2) consecutive days off in the following period, then any consecutive days off worked in the sequence shall be compensated as work performed on a second day off (Article 14.6).
14.7 Turnaround - A turnaround period is the period of at least twelve (12) hours between the end of one (1) tour of duty or between the end of a call-back and the commencement of the next tour of duty.
14.7.1 All time worked which encroaches on the turnaround period shall be paid for at an additional one-half (½) the basic hourly rate computed separately from the work week except as provided in Article 14.7.3.
14.7.2 In the event a turnaround period is less than four (4) hours, the shift shall be considered continuous.
14.7.3 No payment shall be made for the following encroachments:
(a) On a swing-in-shift, on a regular rotating shift pattern, which occurs in conjunction with an employee's day off.
(b) On a shift where an employee is released from duty to attend labour/management meetings.
(c) To employees who are self-assigning, except where such employees are scheduled by the Company, or where the work requirements create overtime hours that are beyond the control of the employee that results in encroachment, and where such overtime is authorized or approved by the Company.
14.8 Call Back - Should an employee who has completed a tour of duty be called back to work, the employee shall be paid at the time and one-half (1½) rate with a minimum credit of four (4) hours.
14.9
Temporary Upgrades - In
the event that an employee is temporarily assigned to perform work
for a period of at least one (1) hour and not for purposes of
training, in a higher classification or classifications than that to
which they are permanently assigned, in or outside the bargaining
unit, the employee shall be paid one dollar and seventy-five cents ($1.75)
per hour for each wage group above the group to which the employee is
assigned to a maximum rate of three dollars and fifty cents($3.50) per hour for all
hours worked with a minimum credit of two (2) hours. This clause
shall not be used for the purpose of reducing the number of employees
in the job classifications to which such employee is being upgraded. At
the time of assignment to a higher classification, an employee
shall be verbally advised of their temporary upgrading.
If an upgrade is assigned on a scheduled day off the employee shall be paid an upgrade of two dollars and twenty-five cents ($2.25) per hour for each wage group above the group to which the employee is assigned to a maximum of four dollars and fifty cents ($4.50).
14.9.1 Without their consent, no employee shall be permanently transferred or assigned to a position outside the bargaining unit and the employee will not be penalized for such refusal.
14.10 Night Differential - Employees shall be paid a night differential of two dollars and fifty cents ($2.50) per hour for work performed between the hours of 1:00 a.m. and 6:00 a.m. with a minimum payment of one (1) hour. Night differential shall not be deemed overtime or part of the basic pay.
14.11 Excessive Hours and Safety - The Company shall not assign excessive hours of work to employees. The Company also agrees to give proper attention to the elimination of working conditions which are a hazard to the health and safety of employees.
14.11.1 Where the Health and Safety Committee and the Canada Labour Code, Part II, requires it, the Company agrees to supply protective clothing and/or safety devices for employees on assignments (e.g., remotes, towers), where conditions require their use and to supply other special attire where required.
Employees have an obligation to use safety equipment, materials and clothing as supplied, to follow procedures with respect to their use and to take all reasonable precautions to ensure the safety of themselves and fellow employees. The Company shall reimburse an employee, who is required to purchase safety boots, to a maximum of one-hundred dollars ($100) every two (2) years (from the date of purchase) upon presentation of an appropriate receipt.
14.11.2 A first-aid kit will be maintained in each work area or vehicle, as determined by the Health and Safety Code. Where appropriate, vehicles provided by the Company for travel to and from remote sites shall contain: first aid kits, foul weather gear, basic tools, and a safety partition.
Employees have an obligation to inspect supplied equipment on a regular basis and report any deficiencies to their Supervisor or Department Manager.
14.11.3 The Company shall pay a monthly bonus of thirty-five dollars ($35.00) (not to be included in the base rate) to each employee [to a maximum of six (6) at any one time] who holds a valid Industrial First Aid Certificate including a CPR qualification. As the intent of this qualification is to have six (6) bargaining unit members contribute towards the fulfillment of the Company's obligation to provide a safe workplace, the selection shall be made after prior consultation with the Union. An employee receiving this bonus shall have an obligation to provide first-aid services.
14.11.4 All ladders used on; electrical outlets, scaffolding and platforms must be in compliance with safety laws.
14.11.5 No employee shall be disciplined or discharged for refusal to work on a job in any work place or to operate any equipment where they have reasonable grounds to believe that it would be unsafe or unhealthy to do so or where it would be contrary to applicable Federal, Provincial, or Municipal regulations or legislation. Where, in such circumstances, the employee does not work, the employee shall not suffer a loss of pay.
14.11.6 The Company shall provide inspections and necessary repairs to VDT's and CRT's to ensure that equipment meets pertinent Federal or Provincial standards. The Company will provide for employees who are pregnant and who operate VDT's or CRT's protective screens for the duration of the pregnancy.
14.11.7 A Joint Health and Safety Committee shall be constituted consisting of two (2) representatives of the Company and two (2) representatives of the Union, which shall identify any potential dangers and health hazards, and obtain information from the Company or other persons respecting the identification of hazards and health and safety practices elsewhere. The Committee shall meet at least nine times per calendar year in accordance with the Canada Labour Code. Notes shall be taken of all meetings and copies shall be sent to the Company and the Union. Time spent on the Safety Committee to attend meetings or inspections will be considered as time worked.
14.11.8 Two (2) representatives of the Joint Health and Safety Committee, one (1) from management and one (1) from the Union, shall make periodic inspections of the work place and equipment and shall report to the Health and Safety Committee the results of their inspection. Time spent on such inspections shall be considered as time worked.
14.11.9 The Joint Health and Safety Committee shall have access to the accident reports submitted to the Company, its carrier and the government or its agencies, but in no case the medical record of any employee without the express written consent of the employee.
Meal
Periods and Break
Periods
15.1 First Meal Period - Unless mutually acceptable arrangements are made among a majority of employees assigned to a particular project, or the employee is free to determine the scheduling of the meal period, the first meal period of not less than thirty (30) minutes and not more than one (1) hour shall commence not earlier than the beginning of the fourth (4th) hour and be completed by the beginning of the seventh (7th) hour. Employees who are scheduled to work on a regular ten (10) to twelve (12) hour tour of duty will have a first meal period of one (1) hour which shall commence not earlier than the beginning of the fifth (5th) hour and be completed by the beginning of the eighth (8th) hour. Time under this article shall be computed from the beginning of the work day.
15.2
Second and Succeeding Meal
Period -
(a) Employees who are on a regular eight (8) hour tour of duty shall be entitled to a second meal period after ten (10) hours of work. Employees who are on a regular ten (10) or twelve (12) hour tour of duty shall be entitled to a second meal period after twelve (12) hours of work. A second meal period of not less than thirty (30) minutes nor more than sixty (60) minutes shall be assigned within the first two hour period after ten (10) hours of work or within the first hour period after twelve (12) hours of work following entitlement.
(b) An additional meal period of not less than thirty (30) minutes and not more than sixty (60) minutes will be assigned when employees are required to work more than a fifteen (15) hour tour of duty.
15.2.1 Twelve dollars ($12.00) shall be paid to compensate for the cost of this second or succeeding meal, provided that compensation in Article 12.2 has not been claimed.
15.3 Meal Displacement Penalty - When an employee has not been given a meal period within the time limits required by Articles 15.1 and 15.2, the employee shall be compensated an additional thirty (30) minutes or sixty (60) minutes, depending on the length of the meal period that should have been received, at one and one-half (1½) times the employee's basic rate, computed separately from the work week, in addition to the overtime payment for the additional time worked.
15.4 Meals on Remotes - In the event that a location is so situated that no facilities serving food are readily available to the employees during the assigned meal period, the Company shall:
(a) allow the employees sufficient added time and supply adequate transportation to travel to a place where food can be obtained, or
(b) at its own expense furnish the employees with an appropriate meal which shall include a hot main course where circumstances permit. When the Company supplies an appropriate meal the allowances in Article 15.2.1 shall not be paid.
15.4.1 The Company may at its option provide an appropriate meal in accordance with Article 15.4 (b) to employees on remote location.
15.5 Employees shall not be required to travel from their assigned location to other studios or remote locations during their meal periods or any part thereof.
15.6 Except in extreme circumstances no employee shall be required to work more than six (6) hours without a meal period.
15.7 Rest Periods - All employees shall be entitled to two (2) fifteen (15) minute rest periods during each tour of duty. Rest periods shall be arranged so as not to interfere with the efficient operation of the station. Rest periods shall not be deducted from hours of work.
General
Wage Provisions and Wages
16.1 Employees shall be paid according to the wage schedule of the classification for which they are hired and/or assigned, with credit for years of service within the classification and any credit for industry experience recognized by the Company at the time of hiring.
16.2 Progression up the salary schedule within each classification shall automatically occur on the first day of the month following nearest to the employee's semi-annual or annual anniversary date of hire, transfer or promotion to the wage classification.
16.3 When an employee is transferred into a higher pay classification, the employee shall move into the higher salary scale on the first day of the next complete pay period and receive a salary increase which would place the employee on the next higher wage step in the new group, and shall automatically progress upward on the annual or semi-annual anniversary date of their transfer.
16.4 The Employee's regular net salary will be paid bi weekly by direct deposit. Overtime and penalty payments will be made in conjunction with the regular salary payments no later than two pay periods following the pay period during which it was earned and claimed.
16.4.1 Unless the Company decides otherwise, employees shall, on a weekly basis, complete and submit their time sheets on the forms provided by the Company.
16.4.2 It is the responsibility of the employee to make claims for any and all premiums, bonuses and/or penalties (collectively referred to as "Additional Pay") owed to them by the Company. Employees must indicate any and all additional pay claimed on the time sheet submitted for the week in which such additional pay was earned. The time sheets as submitted by the employee shall be reviewed by the Company to ensure that the Agreement has been properly applied, based on the information contained on the time sheet.
Employees will be advised of any changes made on their time sheet after their original submission and a photocopy will be provided the employee, if requested.
16.5 Wage Groups and Classifications - Senior positions within the following classifications are merit appointments and may be filled at the Company's discretion:
Click here to download Wage
Groups and Classifications (*.pdf)
16.6 Employees in job classifications designated as Junior (Jr.) shall be transferred laterally (at the same wage level) to the next higher wage group within one (1) year of their employment.
16.6.2 The rates in the above scales are minimum rates. Nothing in this Agreement shall prohibit the Company from paying an employee any amount more than the minimum rates.
16.6.3 For purposes of computation and this Agreement, the basic hourly rate of the employee shall be 1/2080 of the annual salary set forth above.
16.7 Stand-by - All employees except Supervisory employees assigned to stand-by shall be compensated at the rate of fifty-five dollars ($55.00) per calendar day, on a scheduled day off. Stand-by pay shall be computed separately from the work week. The above allowances may not be accumulated.
Stand-by shall be defined as the employee having been officially designated as "on stand-by" on a day off who must be available to report to work if called. The wearing of a beeper, cell phone or other communication device shall not by itself constitute "stand-by".
16.8 Clothing Allowance - ENG Camera Operators, EFP Camera Operators and Live Eye Operators will receive a clothing allowance of up to four hundred dollars ($400.00) every September and March 1st for the purchase of appropriate shirts, pants, winter parkas and boots. An employee who wishes to purchase work related outerwear not listed herein will require prior approval from their Manager or their designate. Receipts are required for reimbursement. A monthly cleaning allowance of forty dollars ($40.00) will be paid to such employees upon presentation of receipts. If the monthly cleaning allowance is not used it is not permissible to carry over any remaining amount to another month.
16.9 Seasonal Outerwear - The Company's full-time Camera Operators and Operations Floaters who are required to regularly work outdoors will receive an allowance of up to two hundred dollars ($200.00) each September 1st for the purchase of appropriate seasonal outerwear upon presentation of receipts.
16.10 On-Air Performance - The Company will not require bargaining unit employees to perform "on air" functions without their specific consent and will not penalize an employee for such refusal. The Company agrees that "on air" performance is not an occupational requirement of any bargaining unit position.
Effective
Date and
Duration
17.1 This Agreement shall commence on November 1, 2009, and shall remain in force until May 31, 2014.
17.2 In the event that prior to the expiration date of this Agreement either party desires to negotiate a new Agreement, notice, in writing, by registered mail or fax shall be given to the other party not less than thirty (30) days and not more than one hundred and eighty (180) days prior to the expiry date of this Agreement. In the event such notice is not given, this Agreement shall continue in full force, until a new Agreement is concluded or until a lawful strike or lockout is executed, pursuant to the provisions of the Canada Labour Code, whichever first occurs.
17.3 Upon receipt of notice from either party of a desire to negotiate a new Agreement as provided in Article 17.2 above, a meeting shall be held between the parties within twenty (20) days for the purpose of negotiations and further meetings shall be held as frequently as possible until settlement is reached, or until either party makes application for conciliation.
17.4 If neither party gives notice of termination nor a desire to negotiate a new Agreement, this Agreement shall be automatically renewed for a further period of one (1) year.
17.5 The parties to this Agreement declare that it contains responsibilities and obligations for each such party and that in signing the Agreement, it binds the parties during the Agreement to do everything they are required to do by the Agreement and to refrain from doing anything they are not permitted to do by the Agreement. The parties further understand and declare that in case any provisions of this Agreement are now, or hereafter, inconsistent with any statute of Canada or any Order-in-Council or regulations passed there under, such provisions shall be to that extent deemed null and void or shall be applied in such manner as will conform with law.
In witness whereof the parties hereto have caused this agreement to be executed by their duly authorized representatives this day of July 22, 2010.
| CTV LTD, Toronto | C.E.P. , CLC, Canada |
| Susan Rauf | David Lewington |
| Catherine Fotti | Kelly Dobbs |
| Andrew | Ryan Smith |
| John Morrison | Paul Boynett |
| Neil Staite | Karyn Popel |
| Tony Saschl | Sylvie Marcoux |
COMPANY POLICY
NON-DISCRIMINATION/HARASSMENT
POLICY
Preamble
All employees of the Company are entitled to employment in a work environment that is free from all forms of discrimination, including personal harassment. This Policy and procedure outlines the commitment of CHUM Limited to ensure a harassment-free workplace as required under the Canadian Human Rights Act and will act as a guide to employees in adhering to legal and social guidelines regarding the recognition and prevention of harassment.
This Policy exists to underline the seriousness of workplace harassment and to establish that there is no acceptable level of harassment within the Company. Employees who feel that they are being harassed are encouraged to seek protection under this policy.
Proscribed grounds include race, national or ethnic origin, colour, religion, age, gender, marital status, family status, disability and conviction for which a pardon has been granted.
Harassment on any of these grounds, including personal and sexual harassment, is a form of misconduct.
The Company has made and will continue to make every reasonable effort to ensure that no employee is subject to discrimination or harassment by any other employee, while performing their employment responsibilities.
Definition of
Discrimination/Harassment
Harassment is defined as a "course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, that denies individual dignity and respect on the basis of such grounds as sex, disability, race, colour, sexual orientation and other prohibited grounds." All employees are expected to treat others with courtesy and consideration and to discourage harassment.
Conduct that is discriminatory or harassing may involve one or a series of incidents. Conduct that occurs when:
a)
submission to
such conduct is reasonably perceived as a term or condition of
employment (including availability or continuation of work,
promotional or training opportunities);
b) submission to or rejection of such conduct is used to influence decisions or employment matters;
c) such conduct interferes with an individual's job performance;
d) such conduct humiliates, insults or intimidates any individual.
Discrimination or harassment can include (but is not limited to):
a) verbal abuse or threats;
b) unwelcome remarks, jokes and innuendos, or taunting about a person's body, attire, or sexual orientation;
c) practical jokes which cause awkwardness or embarrassment;
d) unwelcome invitations or requests, whether indirect or explicit, or intimidation;
e)
leering at a
person's body or other gestures;
f) condescension which undermines self-respect;
g) unnecessary physical contact such as touching, patting, pinching, punching;
h) physical (sexual) assault.
What Harassment is Not
Properly discharged supervisory responsibilities including disciplinary action are not considered to be harassment. Neither is this policy meant to inhibit free speech or interfere with normal social relations.
How to Tell if
Harassment has
Occurred
Harassment will be considered to have taken place if a reasonable person ought to have known that such behaviour was unwelcome. Examples of questions that would indicate whether an activity is welcomed, are:
a) Would you want that employee acting the same way with your own loved one (your spouse or child)?
b) Would that employee behave the same way if someone they were in a relationship with was standing nearby?
c) Was there an equal initiation and participation between the employees?
What to Do if You
Are Being
Discriminated Against or Harassed
Discriminated Against - An employee who believes that he or she has been discriminated against under the provisions of the Canada Human Rights Act should raise the matter with their Department Head.
Harassed - An employee who believes that he or she is being harassed should not assume that the problem will go away by itself. The employee should not assume that the harassment has to be endured because of possible retaliation, nor should the employee feel guilty or embarrassed. The following steps should be followed:
Step 1: Say "NO!". Tell the person who is harassing you that his or her behaviour is unwelcome by clearly describing the behaviour that you find unacceptable and asking that the behaviour stop.
Step 2: Make a record of the harassment - date, time, location, what happened, witnesses, any action you took to stop the behaviour.
Step 3: If the harassment continues despite your objections, lodge a complaint with your Department Head. The record from Step 2 will assist in the investigation of the complaint.
NOTE - In either case, if you believe that it would be inappropriate to lodge the complaint with your Department Head, then you should lodge the complaint with the General Manager.
Resolving the
Complaint
Upon receipt of a complaint, an investigation will be undertaken which will involve interviewing: the complainant, the alleged harasser, and anyone else who has information.
The alleged harasser will be made aware of the complaint and be given an opportunity to respond.
All information gathered will be held in strict confidence and documented.
The complainant's name and/or the circumstances relating to the complaint will not be disclosed to any person except where disclosure is necessary for the purpose of investigating the complaint or initiating disciplinary measures.
If harassment is founded, the harasser will be subject to appropriate discipline up to and including termination.
If the complaint is found
to be without
merit, all documentation will be destroyed. In order to protect the
alleged harasser's reputation, those individuals who were involved in
the investigation will be advised that the complaint was unfounded.
Videographers
This letter of
Understanding between
CTV Limited
(hereinafter referred to as the "Company") and the
Communications, Energy and Paperworkers Union of Canada (hereinafter
referred to as the "Union"), sets forth a common
understanding regarding the Company's employment of Videographers as
follows:
1. Videographers are reporters who use camera equipment to perform their employment duties and are excluded from the Bargaining Unit, as defined in the Collective Agreement between the parties herein.
2. It is not the policy of the Company to have Videographers performing duties that are substantially similar to the duties of ENG camera operators and EFP camera operators, or to permanently displace ENG camera operators and EFP camera operators in the Bargaining Unit by having Videographers performing their duties. However, notwithstanding that the primary function of Videographers is to shoot their own material, they may be requested, from time to time, to replace ENG operators and EFP operators on an incidental basis (e.g., for emergencies; to replace ENG operators and EFP operators who are taken ill, etc.).
3. The Company will not require ENG operators and EFP operators to become Videographers against their will.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Outside
Activities -
Independent Production
Further to the provisions
of Article
11.9, it is understood that
employees wishing to involve themselves
on their own time as members of Independent Productions will adhere
to the following procedure.
The specific request will be put in writing and submitted to the appropriate manager for approval;
The request will contain the name of the project and production company and a brief description of the employee's involvement.
It is understood that
requests will be
considered on a fair and equitable basis giving due consideration to
the aspirations of the employee and the competitive position of the
Company. Such requests will be approved or denied without undue
delay. If the request is denied the manager will give reasons for
the denial.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Re: Article 12.2.1 - Map of area for EFP Camera Operators and ENG Camera Operators
(image
coming soon)
Steadycam
The Company agrees to pay a daily Steadicam premium to any employee required of required to operate the Steadicam for any period of time during a tour of duty. The premium shall be twenty-five dollars ($25.00) per tour of duty when an employee operates the Steadicam during a tour of duty. This premium shall not be deemed to be overtime or part of basic pay when calculating overtime.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Summer
Students
In cases where the Company
hires
temporary, employees during the summer, who are students in a
recognized educational program, to perform general administrative
duties, such students shall be paid at the rate which is one hundred
and thirty percent (130%) of the Ontario minimum wage. In the event
a student is hired to perform work in a specific classification, the
student shall be paid according to the wage scale for such a
classification.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
One
Hour Paid Lunch
Period
During negotiations for the renewal of the Collective Agreement for the period November 1, 2009 to May 31, 2014 the parties agreed, notwithstanding Article 14.1 that the past practice of providing Programming Assistants, Programming Assistants/Editors, Programming Assistant Senior and Programming Assistant/ Editor Senior with a one (1) hour paid lunch period shall continue for those employees who presently enjoy this provision. This practice is "grand fathered" for these employees. It is understood that new employees in these job classifications may be scheduled an unpaid meal period pursuant to the Collective Agreement.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Rest
Periods -
Reception
The
parties agree that reception employees who,
due to the
nature of certain shift assignments, are unable to take a rest period
in accordance with Article 15.7
shall be allowed to add the missed
rest period to the end of their shift to be paid at the appropriate
overtime rate.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Remote Assignments
Assistance - In the operation of ENG-EFP cameras, Microwave Truck (Live Eye), Satellite Truck and related equipment, it is understood that employees will not be unreasonably denied assistance when it is requested. The safety of the operator, other employees and the public shall take precedence over all considerations.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Vacation entitlement for part-time employees who are hired into a full-time position
Effective July 1, 2009, the Company and the Union agree that notwithstanding anything to the contrary in this Agreement, part-time employees who are hired into a full-time position will, upon successful completion of their probationary period, have their total accumulated hours worked as a part-time employee credited to their adjusted seniority date for the purpose of determining their vacation entitlement as a full time employee in accordance with the chart in Article 13.1.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Banked Time
Banked Time Program - Employees may participate in the banked time program as follows:
Any time off under this letter must be pre-approved by the employee's manager.
- An employee may accumulate and take equivalent time off in lieu of payment for overtime hours, work on a day off, or work on a holiday and shall record the equivalent hours on their time sheet.
- This banked time may be accumulated to a maximum of fourty (40) hours between September 1st and August 31st each year. Banked time can be scheduled to be taken at a time mutually agreed to by the employee and their supervisor.
- The rate of accumulation shall be determined by the rate of pay provided in the pertinent section of the Agreement. For example, an employee working eight (8) hours on a day off shall receive a credit of 8 x 1.5 = 12 hours of straight time pay, and accordingly, twelve (12) hours shall be accumulated as banked time.
- If the employee has not taken, or scheduled the banked time to be taken, all accrued banked time shall be liquidated in cash on August 31st.
- If employment is terminated for any reason, accrued banked time shall be liquidated in cash.
- It is understood that an employee shall not be allowed to bank time under this letter when they have eighty (80) hours or more of earned vacation accrued and unscheduled.
| Susan Rauf | David Lewington |
| for the Company | for the Union |
Overview of the Employee Benefits Plan effective June 1, 2011
Life Insurance Benefit
| All Eligible Employees | Benefit Formula - 3x annual earnings |
| Maximum Benefit | $1,000,000 |
| Non-Evidence Limit | $1,000,000 |
| Reduction | Reduces 50% at age 65 |
| Termination | Ceases at the earlier of retirement or age 70 |
| Conversion Option | Available without evidence of insurability |
Accidental Death and Dismemberment Benefit
- The principal amount is equal to the amount of Group Life Insurance.
Dependent Life
- Spouse: $12,000
- Each Child: $6,000
Long Term Disability Benefit
| All Eligible Employees | Benefit Formula: | 67% of the first $3,000 50% of the next $2,500 40% of the balance |
| Maximum Benefit | $10,000 per month | |
| Non-Evidence Limit | $10,000 | |
| Elimination Period | 182 days | |
| Maximum Benefit Period | to age 65 | |
| Termination | Ceases at the earlier of retirement or age 65. | |
| Benefits under this Long Term Disability Benefit provision are non-taxable. | ||
Critical Illnes Benefit
| All Eligible Employees | Benefit - $2,000 Heart Attack, Stroke, Life Threatening Cancer |
| Survival Period | 30 days |
| Termination | Ceases at the earlier of retirement, age 65 or the Critical Illness Benefit is paid |
| Benefits under this Critical Illness Benefit provision will be administered on the same basis as that of the Long Term Disability Benefit. | |
ARTICLE 2
Definitions
Employee
Bargaining Unit
Employee Categories and Definitions
Probationary Employees
Part-Time Employees
Students and Volunteer Trainees
ARTICLE 4
Union Rights
Dues Checkoff
Notices to Union
Union Access to Premises
Bulletin Boards
Leave for Union Activities
ARTICLE 7
Grievance Procedure
Time Limits
ARTICLE 8
Corrective Action (Discipline)
Report on Performance
Performance Improvement Plan
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 Leave
Adoption Leave
Employees with Child Care
Responsibilities
Parental 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
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
Wage Groups
Stand-by
Clothing Allowance
Seasonal Outerwear
ARTICLE 17
Effective Date and Duration
NON-DISCRIMINATION/ HARASSMENT POLICY
LETTER
OF UNDERSTANDING NO. 1
Videographers
LETTER
OF UNDERSTANDING NO. 2
Outside Activities - Independent Production
LETTER OF
AGREEMENT #1
Steadicam Premium
LETTER OF
AGREEMENT #2
Summer Students
LETTER OF AGREEMENT #3
One Hour Paid Lunch Period
LETTER OF
AGREEMENT #4
Rest Periods - Reception
LETTER OF
AGREEMENT #5
Remote Assignments
LETTER OF
AGREEMENT #6
Vacation Entitlement
LETTER OF
AGREEMENT #7
Banked Time
SCHEDULE A
Benefits