Collective Agreement

between

 

The Halifax Herald Limited

 

and

 

The Halifax Typographical Union Local 30130 of The Newspaper Guild Canada/CWA

(CLC, AFL-CIO, IFJ)

Editorial Unit

 

 

 

 

 

 

 

 

Contract

THIS AGREEMENT made this 21st day of November, 2003 between The Halifax Chronicle Herald/Mail Star and Sunday Herald, a division of The Halifax Herald Limited, (hereinafter referred to as the Company), and the Halifax Typographical Union Local 30130, chartered by The Newspaper Guild Canada/CWA (CLC, AFL-CIO, IFJ), (hereinafter referred to as the Guild) for itself and on behalf of the employees of the Company described in Article 1 of this agreement.

 

Article 1

Coverage/Jurisdiction

1. This Collective Agreement covers all newsroom/editorial employees of the Company as described in the Nova Scotia Labour Relations Board Certification Order dated April 27, 1999, save and except positions set out in such LRB Order #4713.

2.a) The jurisdiction of the Guild is the kind of work either normally or at present performed by employees within the bargaining unit covered by this agreement. It is agreed that during the term of this agreement, work now being performed by such employees will be assigned only to employees covered by this agreement. Work resulting from the application of new technology, method or procedure introduced into the unit, which is an evolution of work normally or at present performed by employees in the unit shall be assigned to employees covered by this agreement.

b)(i) For the purposes of clarity, it is agreed that the foregoing shall in no way interfere with work currently or normally performed by management, but such work practices shall not be increased so as to result in the loss of employment of a full time or part time employee or replacement of same by management. The Company shall not contract out work, where such contracting out results in the termination or layoff of full-time or part-time employees, or reduces their regularly scheduled work day or regularly scheduled work week or results in the loss of a full-time or part-time position.

b)(ii)The definition of position in articles 1(2)(b)(i), 1(3)(c), and 15(9) is as follows:

Position shall be defined as the duties and functions of a bargaining unit job were it not for attrition, layoff, retirement, buyout, discharge for just cause, or death.

 3. Notwithstanding the provisions of Section 2 above, the Company may use freelancers/stringers in the editorial department in the following manner:

(a) Freelancers/stringers are persons who submit and receive payment for editorial text, photography, graphics or illustrations which are used for publication.

(b) Freelancers/Stringers shall not be assigned to perform work or be encouraged to submit work when Guild members are available to perform the required work and have expertise and knowledge to perform such work.

(c) Freelancers/Stringers shall not be used where such use would substitute for, eliminate or displace a regular employee (full-time or part-time), or position (full time or part time) unless such regular employee is absent by reason of illness, disability, scheduled time off, vacation or written leave of absence. In this case, the freelancer/stringer would become a temporary employee covered under Article 15 of this collective agreement.

Article 2
Guild Shop 

1. The Company recognizes the Guild as the sole collective bargaining agent for all employees covered by this Agreement.

2. The Company shall require as a condition of employment (excluding temporary employment) within the certified bargaining unit that every person shall, immediately upon commencing work within the certified bargaining unit, become and remain a member of the Guild in good standing during the term of his/her employment.

3. CHECKOFF:

a) The Company agrees to deduct biweekly from the earnings of such employee whose position is covered by this agreement and to remit to the Guild not later than the 10th day of the following month an amount equal to Guild dues and assessments. Such amounts shall be deducted from the employee's earnings in accordance with the Guild's schedule of dues rates furnished to the employer by the Guild. Such schedule may be amended by the Guild at any time.

b) The Company agrees to supply the Guild a biweekly list of the amount of dues deducted from each Guild member. This list shall be included with the dues payments to the Guild not later than the 10th day of the month following the dues deductions.

ASSIGNMENT AND AUTHORIZATION

TO CHECK OFF GUILD UNION DUES

To: The Halifax Chronicle Herald/Mail Star

I hereby assign to the Halifax Typographical Union Local 30130, The Newspaper Guild Canada/CWA (CLC, AFL-CIO, IFJ), and authorize you to deduct from any pay earned or to be earned by me as your employee, an amount equal to all union dues and assessments levied against me by the Guild as per the schedule for each week following the date of this assignment.

I hereby authorize and request you to remit the amount deducted to the Halifax Typographical Union Local 30130.

(Employee's Signature)

(Effective Date)

4. The Company shall supply the Guild on request with a list containing the following information for each employee:

a) Name, mailing address (including postal code), phone number

b) Date of hire

c) Classification

d) Experience rating and experience anniversary date

e) Salary, including bonus arrangements or other forms of compensation

5. The Company shall notify the Guild monthly in writing of:

a) Merit increases granted by name of the employee, individual amount, resulting new salary and effective date.

b) step up increases paid by name of the employee, individual amount, and effective date.

c) Changes in classification, salary changes by reason thereof, and effective date.

d) Resignations, retirements, deaths

6. Within two (2) weeks after the hiring of a new employee, the Company shall furnish the Guild in writing with the data specified in Section 4 of this Article.

7. There shall be no company interference with the administration of the Guild.

8. The Guild acknowledges that it is the exclusive right and function of the Company to manage its newsroom and to direct its working force, including:

a) to hire, transfer, promote, classify or demote employees and to discipline employees, provided that a claim that an employee has been disciplined for other than just cause may be the subject of a grievance;

b) to maintain order , discipline and efficiency;

c) generally to manage, control, continue, discontinue in whole or in part its operations;

provided that the above exercise of management rights shall not be in conflict with the terms and conditions of this agreement.

9. Nothing in this collective agreement shall apply to:

a) unsalaried journalism students in training at the Company;

b) replacements hired to supplement regular full-time staff during the summer vacation period (June 1-September 30) (except for Article 15-7-Temporary Employees).

Article 3
Hiring, Transfers and Promotions

1. The Company shall notify the Guild in writing of all vacancies in positions covered by the collective agreement and shall give first opportunity to the hiring of any qualified Guild member.

2. All vacancy notices must be supplied to the Guild in writing not less than 10 full days before the position is to be filled. In cases where present employees are moving to fill a vacancy, subsequent vacancies shall be posted for five full days.

3. The Company shall hire and promote employees without regard to their membership or activities in the Guild and without regard to the following; race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person and as provided for by the Human Rights Act and as may be amended from time to time.

4. (a) No employee shall be required by the Company to transfer to another city/location outside HRM, whether in the same enterprise or in other enterprises conducted by the Company, or by a subsidiary, related or parent Company of the Company, without the Employee's consent and payment of all reasonable transportation and other moving expenses (outside HRM only) of himself/herself and immediate family. An employee shall not be penalized for refusing to accept a transfer.

(b) An employee who applies for a position within the bargaining unit which would require transferring to another city/location, excluding moves within HRM, and is successful, shall have all reasonable moving expenses for him/herself and their immediate family paid for by the Company.

5. a) The Company agrees to recognize and to carry out in practice the principle of promotion or voluntary transfer of staff members. Where there is a vacancy of a Full time, Part time or Temporary nature, promotions shall be determined on the basis of skill and ability of the applicants and where such skill and abilities are equal, seniority shall be the determining factor.

b) All positions of a temporary nature shall have the time period of the position stated on the posting.

c) It is agreed that when an employee is promoted or transferred by the Company to a position of a temporary nature, and when that temporary position ends, such employee shall return to his former position.

d) Employees voluntarily transferring or being promoted and found unsuitable or who wish to return to their previous classification during a two-month trial period in the new classification, with two weeks notice, shall revert to their previous classification and salary they would have enjoyed if the voluntary transfer or promotion had not taken place.

e) Upon request, the Company shall provide an oral explanation to the employee and representative of the Guild simultaneously of why such employee is denied a promotion or transfer.

6. No employee shall in any way be penalized for refusing to accept a promotion.

7. The Company will endeavour to avoid transferring an employee within a classification without his/her consent, which, however, shall not be unreasonably withheld. There shall be no reduction of salary or impairment of benefits as a result of such job transfer, nor shall any employee be penalized for objecting to such transfer. It is understood that employees shall not be transferred from one classification to another over their objections.

8. An employee promoted or transferred to a higher classification shall receive the higher rate of pay for that classification with due consideration given for previous experience in the new work to be performed. Thereafter such employee will advance through the remaining step(s) in the new classification. In no case shall a promotion or transfer result in an employee receiving a decrease in pay.

9. In applying the schedule of minimum salaries in this Agreement, the employee shall be classified at the time of employment, transfer or promotion as to job title, and as to experience rating and shall be paid accordingly. Years of employment in identical and/or comparable work shall be included in the experience with which an employee is credited at the time of employment, transfer or promotion.

10. In the event the Company closes or downsizes a Bureau outside HRM, the staff member(s) so affected shall be laid off and have the opportunity to bump in accordance with the provisions of Article 5. Any and all reasonable moving expenses shall be paid for by the Company.

11. Should the Company create a new classification/Job description, it shall furnish the Guild with all pertinent information concerning the new classification/job description including the proposed rate of pay and whether this position is to be included in the bargaining unit. If the parties are unable to come to a mutual agreement, the question will then be decided under Article 4 (Grievance Procedure).

12. Those employees required by the Company to work out of their home shall be supplied with the necessary tools to perform their assigned tasks, such tools to be agreed upon by the employee, a Guild representative, and the Company, which agreements shall not be unreasonably withheld.

13. There shall be a 90 day probationary period for all new employees. The probation period may be extended by mutual agreement of the Company and the Guild. Continuation of employment beyond the probationary period shall entitle the employee to seniority from the date of employment and all applicable benefits of this Agreement.

14. The Company may discharge a probationary employee provided it acts in good faith.

Article 4
Grievance Procedure

1. Should any difference arise concerning the interpretation, application or alleged violation of the Collective Agreement, such difference shall be considered a grievance, provided it is submitted in writing within fifteen (15) calendar days from when the Local Executive -- or in the case of a Company grievance, Company -- knows or should reasonably have known. Failure to submit a grievance within the fifteen (15) calendar day time limit shall result in the Guild, the Company and the employee(s)' right to grieve the matter being void.

2. The Guild shall designate a committee of its own choosing to take up with the Company the said difference. The Guild and Company agree to meet within five working days after a request is made in writing stating the nature of the grievance or difference or dispute.

3. Any issue raised by the Guild shall be initiated in the Department concerned. Any matter involving the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, which is not satisfactorily settled within 10 days of its first consideration, shall be submitted, within 10 days, to final and binding arbitration.

4. Grievances, which are not resolved in the grievance procedure, shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an arbitration board of three members, in which case the other party shall comply. It is understood that at least one out of every three arbitrations shall be heard before a single arbitrator during the life of the agreement. If the parties are unable to agree on an arbitrator within a period of 10 days from the date on which either party has notified the other in writing of its wish to have a question referred to arbitration, the arbitrator shall be appointed by the Minister of Labour. Each party shall be obligated to pay one-half the fees and expenses of the arbitrator. (less the payment by the Department of Labour) In the case of a tribunal, each party is responsible for the cost of its nominee with the cost of the chairperson to be shared equally between the parties. Neither party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.

5. Should either party fail to notify the other of its intent to proceed to arbitration within the ten (10) day limit noted in the last line of Article 4.3 above , the grievance shall be deemed abandoned.

6. Whenever a stipulated time is mentioned under this Article, the said time may be extended by mutual consent of the parties.

Article 5
Security

1. Except as provided herein, there shall be no discipline except for just cause.

2 a) The Guild recognizes the right of the Company to reduce the work force, as distinguished from a dismissal for just cause, for reasons of economy.

b) In the event of lay-off, the Company agrees to give the Guild and the affected employees a minimum of 45 days notice of any such contemplated reduction in the work force. After the first 15 days of notice (2d)), within the subsequent five days an employee who is laid off may elect to bump;

i) Into another classification provided he/she is competent to perform the job provided his/her seniority is greater than that of the employee whose job is being claimed.

ii) Employees who are to be bumped shall receive five (5) days notice of the proposed bump to enable such employees to consider and advise the Company within such time period if there are other employees who they propose to bump. In such case, the Company shall give such other employees five (5) days notice and so on until bumping is completed.

iii) Subsequently bumped employees may themselves bump, subject to the same criteria as above. The resulting displaced employee shall be placed on the recall list for a period of one year.

iv) Any vacancies that arise while employees are on the recall list shall be dealt with internally as stated in Article 3 of this agreement. Any resulting vacancies due to the internal transfers shall be offered to the most senior employee on the recall list capable of performing the work.

c) Each laid off employee, upon notification of recall by the Company, shall report for duty not more than 5 business days after receipt of such notification. Notification shall be in the form of a double registered letter to the employee's last known address. Failure to comply shall cause such name to be struck from the recall list.

d) During the first 15 days of the notice period, the Company shall offer early retirement packages or buyouts to employees in all classifications and shall consider any job sharing or modified work week requests from such employees Such packages to be voluntary and only arrived at following full consultation with the union. The number of employees to be laid off shall be reduced by the number of person accepting the early retirement packages, buy outs, modified work weeks or job share arrangements. It is understood that all temporary employees shall be terminated before any qualified Full time or Part time employee is laid off and that no temporary employee shall be employed while qualified laid off employees are on the recall list and accept recall.

3. (a) Seniority is defined as the length of continuous employment (from the date of most recent hire) with the Company. There shall be a separate seniority list for Full time employees and separate seniority list for Part time employees. Employment shall be deemed continuous unless interrupted by a) dismissal for just cause, or b) resignation, retirement or c) refusal to accept an offer of recall within five (5) working days after having been sent such double registered mail notice of recall or d) layoff of a duration exceeding one year or e) fails to return to work from an authorized leave of absence or f) is absent without reasonable cause and does not notify the Department Manager or their designate within five (5) consecutive days of the absence.

(b) The Company shall revise the seniority lists every twelve (12) months. The Company will issue a seniority list within thirty (30) days of the signing of this Agreement and subsequently an updated list in January of each year. A copy of which will be posted and a copy given to the Guild.

4. Notwithstanding the provisions of Severance Pay, Article 7, in the event of cessation of publication of the Halifax Chronicle Herald/Mail Star or, in the event of elimination or reduction/alteration of any edition of the production of the Halifax Chronicle Herald/Mail Star, including the Sunday Herald, and in the event of layoffs in such instances, any employee laid off will receive three (3) weeks severance pay for each year of service ( or major fraction thereof), since the most recent date of hire. (There shall be no payment obligations under this provision, to any employee who receives severance pay under Article 7 in respect of the same layoff.

5. There shall be no dismissal solely because of the signing of this Agreement or solely because of notice to renegotiate this Collective Agreement in keeping with Article 22 - Duration and Renewal.

6. There shall be no dismissal or other discrimination against an employee because of his/her membership or activity in the Guild nor because of: race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person , as provided by the Human Rights Act and as amended from time to time.

7. If the conduct or efficiency of an employee reaches the stage where an expression of dissatisfaction/discipline is necessary, the Company shall send a copy to the Guild and the employee concerned. Such notice shall be in writing and the employee shall be furnished with pertinent details of any such complaint (sufficient to understand and reply to such letter). If the procedure is not followed, such expressions of dissatisfaction/discipline shall not become part of his/her record for use against him/her at any time. Any replies to such notice shall also become part of his/her record.

8. Guild members shall be entitled to a Guild representative being present at all disciplinary meetings with the Company.

9. The President of the Guild or an authorized representative of the Guild Executive shall have the right to review any individual's personnel file at any time there is a dispute involving a member of the Guild and, upon request, shall be provided copies of all material in the file. The individual concerned may accompany the President or the Guild representative to review this file.

10. An employee shall have access to his/her personnel file, upon reasonable notice, twice during any calendar year for the purpose of reviewing the material therein.

11. Letters of dissatisfaction/written warnings and suspensions shall be removed from the employee's personnel file and destroyed twenty-four (24) months from the date of issue of such letter of dissatisfaction/written warnings and suspensions, provided in such twenty-four (24) month period there are no further disciplinary actions of a similar nature for just cause taken against such employee.

Article 6
Technological Change

1. (a) Technological change means the introduction by the Company of new equipment or new processes. In the event the employer plans technological change(s) which will result in significant impact on staff levels, the employer will give the Guild a minimum of eight (8) weeks notice of technological change. Where the Company has notified the Guild of its intention to introduce technological change(s), the parties undertake to meet within the next ten (10) calendar days to hold constructive and meaningful consultations in an effort to reach agreement on solutions to problems arising from the technological change.

(b) Where the company plans to introduce new equipment or new processes that would have a significant impact on operations, the company will notify the Guild as soon as possible. The Guild and the company shall meet within 10 days to consult on any issues that may result in the introduction of said new equipment or processes. It is recognized that, in certain urgent situations, the company may have to introduce such new equipment or new processes without prior notification/consultation with the Guild. However, in such situations, the Company will, following such introduction, consult with the Guild as stated in this clause.

(c) The company shall, upon the introduction of any new equipment or process, provide paid training to any employee where the performance of his/her job depends on such training. The company shall pay such employees for such training at a rate of pay in accordance with Article 10.

2. Notice shall include:

a) a description of the technological change;

b) the date on which the employer proposes to implement said technological change;

c) the number and classifications of employees affected by the technological change;

d) the effect of the technological change on the terms and conditions of employment of other employees;

e) the job classifications abolished and the new classification to be created by the technological change(s);

f) the schedule for retraining staff required to perform duties on new equipment or with new processes.

3. No full time employees employed with the Company on Nov. 21, 1999, shall suffer loss of employment solely as a result of the introduction of new equipment or new processes. The Company may transfer and retrain at Company expense employees whose work is affected by such new equipment or new processes to other positions without loss of salary if their services are no longer needed in the classifications in which they were previously employed. In the event of such a transfer, the employee shall continue to be paid at a salary rate not less than the salary applicable to the level held in the classification from which he/she was transferred, and shall continue to receive any merit increases which he/she was receiving at the time of the transfer. Subject to the continuing ability to perform satisfactorily the work of the classification from which he/she was transferred, as demonstrated in a ninety-calendar-day trial period, the employee so transferred will be given the first opportunity of returning to any vacancy that occurs in the classification from which he/she was transferred in order of his/her seniority. Reductions in the workforce involving these employees subsequent to and as a result of the introduction of the equipment or processes referred to earlier shall be accomplished by death, retirement, resignation, by transfer, or by reason of discharge for just cause.

Article 7
Severance Pay

1. Upon being laid off an employee shall receive severance pay equal to three (3) weeks pay for each year of service (or major fraction thereof), from the most recent date of hire. Such pay shall be computed at the highest straight-time weekly salary paid to the employee during the period of 52 weeks immediately preceding lay-off. (There shall be no payment obligations under this provision for any employee who receives severances pay under Article 5(4) in respect of the same layoff.

2. Severance pay shall be paid to laid off employees on a biweekly basis until their entitlement is exhausted or in the form of a lump sum, at the option of the employee.

3. If any employee is rehired following the payment of severance pay (lump sum), and before the expiry of the number of weeks so paid for, the unearned severance pay shall be refunded to the Company. Reasonable terms of repayment shall be arranged if required by the employee.

4. The period of any employee's employment with the Company for the purpose of this Article, shall mean the total length of continuous employment (from their most recent date of hire) of the employee concerned.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 8

Classifications and Minimums

1. The following schedule of weekly minimum salaries shall be in effect during the period of this Agreement, representing the new top rates in each year of the Agreement.



Nov-21-03

Nov-21-04

Nov-21-05

Nov-21-06

Secretaries

Start

520.00

558.37

576.80

595.83

 

Year 1

540.00

579.08

598.19

617.93

 

Year 2

560.00

599.79

619.58

640.03

 

Year 3

580.00

620.50

640.98

662.13

Library Technician/

Start

520.00

558.37

576.80

595.83

Page Technician

Year 1

545.00

584.26

603.54

623.46

 

Year 2

570.00

610.15

630.29

651.08

 

Year 3

595.00

636.04

657.03

678.71

 

Year 4

620.00

661.92

683.76

706.33

Graphic Artist

Start

755.00

781.80

807.60

834.25

 

Year 1

810.00

838.76

866.43

895.03

 

Year 2

865.00

895.71

925.27

955.80

 

Year 3

920.00

952.66

984.10

1,016.57

Reporters/

Start

650.00

673.08

695.29

718.23

Photographers

Year 1

747.50

774.04

799.58

825.97

 

Year 2

845.00

875.00

903.87

933.70

 

Year 3

942.50

975.96

1,008.17

1,041.43

 

Year 4

1,040.00

1,076.92

1,112.46

1,149.17

Copy Editors/CAR

Start

740.00

766.27

791.56

817.68

 

Year 1

820.00

849.11

877.13

906.07

 

Year 2

900.00

931.95

962.70

994.47

 

Year 3

980.00

1,014.79

1,048.28

1,082.87

 

Year 4

1,060.00

1,097.63

1,133.85

1,171.27

Page Editors

Start

900.00

931.95

962.70

994.47

Bureau Chiefs

Year 1

990.00

1,025.14

1,058.97

1,093.92

EPD Editor

Year 2

1,080.00

1,118.34

1,155.24

1,193.37

Columnists

 

 

 

 

 

Editorial Writers

Start

1,000.00

1,035.50

1,069.67

1,104.97

Chief Cartoonist

Year 1

1,050.00

1,087.28

1,123.16

1,160.22

 

Year 2

1,100.00

1,139.05

1,176.64

1,215.47

Assistant Photo Editor

Start

1,080.00

1,118.34

1,155.24

1,193.37

Production Editor

Year 1

1,120.00

1,159.76

1,198.03

1,237.56

Section Editors



 

 

 

 

Assignment Editors

Start

1,150.00

1,190.83

1,230.12

1,270.72

News Editors

Year 1

1,200.00

1,242.60

1,283.61

1,325.97

 

2. Wage Increases – effective Nov. 21/03 – 4%

effective Nov. 21/04 – 3.55 %

effective Nov. 21/05 – 3.3 %

effective Nov. 21/06 – 3.3 %

3. Special adjustments:

Secretaries: Yr. 1 $29,000; Yr. 2 add $1,000;

Library/Page Techs: Yr. 1 $31,000; Yr 2 add $1,000

Graphic Artist: Yr. 1 $46,000

Assistant Photo Ed.: $56,000

All above Special Adjustments are plus % wage increase in each year

Laurent LePierres to be reclassified as a 100 % Editorial Writer

4. Lump sums for Red-circled staff – Attached as Appendix I

 

Article 9
General Wage Provisions

1. Employees promoted in rank more rapidly than their years of employment alone would warrant shall be confirmed in their present positions at the wage scales called for in their respective new classifications and be qualified to enjoy any further progression or advancement that may accrue to them according to the collective agreement.

2. No employee will suffer an actual decrease in pay through adoption of the new salary schedule.

3. When an employee is temporarily employed in any capacity in a higher classification than his/her own regular classification for more than three (3) hours, his/her rate of pay shall be adjusted to the higher classification at the rate higher than his/her rate in his/her present classification for a minimum of a full shift. When a full-time employee regularly works part-time in a higher classification, his/her rate of pay shall be adjusted to reflect the amount of time worked in the higher classification.

4. When the Company requires that an employee work temporarily in a position excluded from the bargaining unit that employee shall be paid a premium of $20 for such shift.

5. Should the Company create a new job coming within the jurisdiction of the Guild, it shall furnish the Guild with its proposed job description immediately such is available and the parties shall discuss and agree upon a new schedule of minima before the new job is effective, provided that if there should be no agreement within 10 days of receipt of the job description by the Guild, that this shall not hold up the introduction of the new position and that then the matter of the new schedule of minima would be submitted for settlement by Arbitration under Article 4. New minima shall be effective on the date the new job is effective.

6. The Company at all times recognizes the principle of equal pay for equal work for male and female employees, in keeping with the provisions of this Collective Agreement.

7. Except as provided under Section 5 of this Article, any question as to the proper classification of any employee affected by this agreement shall either on request of the employee concerned or on motion of the Guild or Company be subject to the provisions of Article 4 (Grievance Procedure)

8. All employees covered by this agreement will be paid biweekly.

9. A night shift premium of $1.45 per hour in Year 1 of this collective agreement (increased by general wage increase in years 2, 3 and 4) shall be paid to employees who work a scheduled shift, for all hours worked on such scheduled shift, between 7 p.m. and 7 a.m.

10. When there is a voluntary transfer to a lower classification or an employee bumps in accordance with Article 5-Security, such employee shall be paid at the rate of the lower classification into which they have bumped as follows:

a) Red-circled employees, however, will remain at red-circled salary;

b) Non-red-circled employees at the top of the current scale go to top of the scale in the new classification;

c) Non-red-circled employees not at the top of the current scale move to the next lowest level which is the level closest to the current level in the new classification (e.g. Page Editor now $990 Yr. 1 moves to $980).

Article 10
Hours and Overtime

1. For the purpose of this Agreement, "week" shall be defined as commencing at 12:01 a.m. Saturday and ending at 11:59 p.m. the following Friday.

2. The standard work week shall consist of a five day 35 hour work week or a four day 35 hour work week. The five day 35 hour work week shall consist of five shifts of seven hours falling within no more than eight hours. The four day 35 hour work week shall consist of four shifts of eight hours and forty-five minutes falling within no more than nine and one-half hours. Flex time hours may be worked when necessary with the approval of the Company, Employee and the Guild.

3. a) All approved work performed in excess of the seven hour shift or eight hour forty-five minute shift shall be compensated for at the rate of time and one-half for the first three hours and double time thereafter. There shall be a 15-minute grace period after which overtime shall be retroactive to the end of the regularly scheduled shift and thereafter calculated to the next nearest quarter hour. The Company, at the employee’s option, shall compensate such employee for all authorized overtime by giving overtime pay, or time off at a time mutually satisfactory to both the employee and the Company, within eighteen (18) months. If an agreement between the Company and employee for such time off cannot be reached, overtime will be paid. A half-hour paid meal break shall be provided after the first two hours of overtime. Work on a sixth shift, in the case of the five shift work week, shall be at time and one half and work on the seventh shift shall be at double time. Work on the fifth shift, in the case of the four shift work week, shall be at time and one half, and work on the sixth or seventh shift shall be compensated at double time. Night shift differentials or any other premium shall not be affected by overtime rates.

b) All claims for overtime must be filed with the Company within 72 hours of it being worked. The Company shall cause a record of all overtime to be kept for at least 18 months.

4. The Company shall make every reasonable effort to ensure employees are able to take banked overtime when the employee requests. However, an employee may at any time take cash payment for any banked overtime.

5. Work schedules shall be posted each Friday so that there shall be at least four weeks of scheduled shifts to be worked and days off. This includes the schedule for the week in which the posting takes place and the three following weeks schedules. The Company will make reasonable efforts to notify employees of changes in scheduling as far in advance as possible. Such changes shall be kept to a minimum subject to operational requirements. Employees shall have the option of having a minimum of two consecutive days off during each work week.

6. Unless specifically waived in writing by the employee and the Guild, there shall be a minimum of ten hours between regularly scheduled shifts.

7. No employee shall work in excess of six consecutive shifts, in the case of a five shift per week employee, and no more than five consecutive shifts in the case of a four shift per week employee, unless the employee and the Guild consent in writing.

8. An employee called back to work after the completion of a day’s or night’s work shall be paid for a minimum of four hours at the overtime rates, however, for example, call backs shall not include calls from the newsroom to a reporter to clarify the reporter’s story. An employee called in to work on his regularly scheduled day off shall receive a minimum of four (4) hours at the overtime rates.

9. The Company shall give due consideration to accommodate an employee’s wish to job share. The Company and the Guild shall meet and mutually agree upon the terms of a job share arrangement.

10. The Company shall make every reasonable effort to accommodate an employee's request for a modified work week. Requests shall be submitted to the Managing Editor, in writing, at least thirty days prior to the commencement of the scheduled change. The Company or the Employee shall give the other party thirty days notice should either party elect to discontinue the modified work week.

 

Article 11

Holidays

1. The following holidays shall be granted to all employees with full pay: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed as a statutory holiday (e.g. Heritage Day) by the Federal or Provincial government. Each employee shall be granted one (1) day/shift off with pay each calendar year after completion of one (1) year’s service in recognition of the employee’s birthday. This holiday is intended to be taken on the employee’s birthday or any other day as agreed to by their supervisor. If, due to personal religious beliefs, the employee would not celebrate one or more of the applicable holidays, the employee may choose to work on the applicable holiday and take their holiday on the day he/she would celebrate his/her religious holiday, subject to working out a revised/new schedule with his/her supervisor.

2. An employee required to work on any holiday shall be paid a combination of holiday pay and overtime equivalent to double time and one-half for a full shift. The overtime portion of this shift can be taken in pay or time off in lieu (at a time mutually agreed by the employee and the Company)

3. Where a paid holiday falls on an employee's regularly scheduled day off or where a paid holiday falls during his vacation period, such employee shall receive an additional day off in lieu thereof at a time mutually agreed to between the employee and the Company.

4. The Company may publish the newspaper on any day so desired whether it may be a holiday or not.

5. A shift shall be considered to be worked on the day on which it begins (e.g. employee comes in on December 24 at 6pm and works until 2am on Christmas Day, is not entitled to holiday pay for the two (2) hours worked on Christmas Day)

 

Article 12
Vacations

1. Every employee shall be entitled to an annual vacation with pay in accordance with the following schedule:

Less than one year service...........three weeks (pro rated)

After one year of service...................three weeks

After eight years of service................four weeks

After 14 years of service...................five weeks

After 20 years of service................... six weeks

In 30th year of service and thereafter……………seven weeks (includes two Publisher days)

Service is defined as the uninterrupted period of employment since the most recent date of hire.

In the case of full-time employees, the reference to weeks of vacation shall mean their normal schedule in a work week. In the case of part-time employees, the reference to weeks of vacation shall refer to their usual schedule in a work week.

2. a) Vacations shall be selected in each group/dept. according to seniority with schedulers beginning the process of booking staff vacations by mid-January.

b) The number of employees allowed off at any one time shall be determined by operational needs. Once this number of employees has made its selection and had it approved by the scheduler, these dates are then unavailable to other employees within that group/dept.

c) All employees shall respond to the scheduler in a prompt manner to avoid unfairness to less senior employees.

d) Not more than two (2) weeks vacation can be scheduled until less senior employees have had the opportunity to select vacation dates. With each successive round of vacation choices, employees may not choose more than two (2) weeks before others have had an opportunity to choose their two (2) weeks (or one (1) week as the case may be).

e) It is understood that employees shall have the option of one (1) week off in the period from June 25 to September 8 of each year, provided the employee chooses this one week in the first round of vacation selection.

3. Employees who choose not to participate in all or part of the selection process shall book their vacation based on the remaining available dates.

4. The Company shall only alter vacations based on emergencies. If the Company cancels an employee's vacation because of an emergency, the employee will be reimbursed for any out-of-pocket expenses (verified by receipts). Vacation dates changed for any reason after February 15 must be mutually agreed to by the employee and the Company.

5. If an employee, notwithstanding reasonable efforts on his/her part to take all of his/her vacation in any year by December 31, has been unable to do so he/she shall be paid for any vacation remaining in that year or may, at his/her option, carry over such unused vacation time to a maximum of one (1) week to be used in the following calendar year.

6. When a paid holiday provided for in this Agreement falls within a vacation period, the employee shall receive an additional day of vacation on a day agreed to by the Company and the employee.

7. Upon termination of employment, an employee shall receive all vacation pay owing, if any. If there is a deficit in the employee's vacation account, it shall be deducted from their final paycheque.

8. The vacation year shall begin January 1 and end December 31 of the same year.

9. In any year(s) in which an employee is on a leave of absence, such employee shall have his/her vacation in such year(s) reduced pro rata by the number of days of leave in that year(s).

Article 13
Sick Leave, Health and Welfare

1. (a) When a full time employee is prevented from performing his/her duties because of sickness or accident, the Company agrees to pay his/her full wages beginning with the first day of his/her disability and continuing for so long as such disability shall last, to a maximum of six (6) months pay in any sick period. If there is a reoccurrence of such sickness or injury within thirty (30) days of return to work, the employee's time off on the immediately preceding short-term leave shall be added to the time off on the current leave. Such payments shall be less any amount received directly or indirectly by the employee from Workers' Compensation Benefits. Wages recovered from a third party in the event of an accident shall be returned to the Company to an amount equal to the sick leave payments made by the Company under this provision.

(b) The Company may require a doctor’s letter to verify an employee’s illness for those employees who are sick for more than 5 shifts in a six month period.

2. The company agrees that the flex benefit credits will remain in effect during the term of this collective agreement and will not be reduced or discontinued during such term unless by mutual agreement between the Company and the Union. The company shall increase the flex benefit credits to an amount equal to the "silver couple" flex benefit (effective Jan. 1/04) for the first year of the collective agreement and shall increase the credit by 6% in each year thereafter (effective Jan. 1) of the collective agreement.

3. Maternity/Parental Leave of up to 52 weeks shall be granted to employees upon request. The two-week waiting period for benefits shall be with pay. This leave of absence may be extended, without pay, at the request of the employee for up to an additional six months, provided that the Company may continue to use temporary replacement staff for fill-in for such additional six months.

4. Illness directly attributable to pregnancy shall entitle an employee to sick leave during pregnancy. 

5. Where an Employee provides the Company with a letter from a social worker certifying that an employee is adopting a child, that employee shall be entitled to a Leave of Absence of up to 52 weeks. The two-week waiting period for benefits shall be with pay. This leave of absence may be extended, without pay, at the request of the employee for up to an additional six months, provided that the Company may continue to use temporary replacement staff for fill-in for such additional six months.

6. Any employee, not on maternity leave, shall be entitled to a minimum of three (3) days leave with pay on the occasion of the birth or adoption of his/her child. Such leave need not be taken consecutively unless so requested by the employee.

7. Employees on leave under the provisions of Maternity/Parental leave shall continue to accumulate seniority and be entitled to the flex plan credits.

8. The Company shall have available an Employee Assistance Program. This program shall be funded by and be independent of the Company.

9. Halifax Herald Ltd. Pension Plan – See Memorandum of Agreement.

10. Early Leave Opportunity – The Company will reoffer to Reid MacLean, Greg Coolen, Brian Hayes and Tom Peters the ELO offered in November 2002 (i.e. 55% salary with service + age = 85) with the condition that this ELO will survive for these four (4) employees until they reach age 65.

Article 14
Leaves of Absence

1. The Company may grant personal Leaves of Absence without pay for good and sufficient cause. Personal leaves of Absence shall not exceed one year in duration, however it may be extended by mutual agreement between the employee and the Company. Such Leaves of Absence shall not be unreasonably withheld, provided at least four (4) weeks’ written notice is given by the employee to the company (except in cases of medical emergency).

2. It is agreed that no more than three (3) employees can be off on personal leave at any one time.

3. If an employee is elected or appointed to a position in TNG Canada, The Newspaper Guild-CWA or the CLC or AFL-CIO, or local of TNG Canada or The Newspaper Guild-CWA, or an organization with which TNG Canada or The Newspaper Guild-CWA is affiliated, such employee, upon the employee’s request, shall be given a leave of absence without pay, and shall be reinstated in the same or a comparable position upon the expiration of such leave. It is agreed that no more than one (1) employee can be off at any one time.

4. A leave of absence without pay upon request shall be granted to an employee elected or appointed delegate to conventions of TNG Canada, The Newspaper Guild-CWA, CLC, AFL-CIO, IFJ or any organization with which TNG Canada or The Newspaper Guild-CWA is affiliated. A maximum three (3) employees can be off at any one time.

5. Short term leaves of absence will be granted without pay for the purpose of administration of the Local or special meetings of TNG Canada or The Newspaper Guild-CWA. A maximum three (3) employees can be off at any one time.

6. Those persons on a leave of absence under the provisions of Article 14, Sections 4 and 5, and for the purpose of negotiations with the Company, shall receive their regular pay as if they had worked the scheduled shift for the Company. The Local agrees to reimburse the Company for those wages paid.

7. During leaves of absence of four weeks or less, an employee will continue to receive all benefits to which he/she would be entitled. During leaves of absence of more than four weeks, the employee may make arrangements with the Company to continue, where possible, certain Health and Welfare benefits by paying the full cost of such benefits.

8. Leaves of absence granted under this collective agreement shall not constitute a break in seniority for the purposes of layoffs or vacation entitlements and selection.

9. Leaves of absence without pay will be granted to employees called for service with the Canadian Armed Forces or the Militia. Upon return, the company shall make reasonable efforts to reinstate such employee to the position he/she held upon commencement of the Leave of Absence provided such position still exists in the newsroom/editorial department. Failing that, the Company shall reinstate the employee in a comparable position to be mutually agreed upon by the employee, the Guild and the Company within the newsroom/editorial department.

10. Employees shall be entitled to participate in the Deferred Compensation Leave Plan (Sabbatical) as outlined in Letter of Intent #1 (two (2) employees at any one time)

 

Article 15
Part-time and Temporary Employees, Interns and Summer Staff

1. A part-time employee is one who is hired to work regularly fewer than 28 hours in a work week as provided in this Agreement.

2. Part-time employees shall be covered by all the terms of this Agreement. They shall advance on the schedule of minimum salaries according to hours actually worked, expressed in terms of 1820 hours per year. They shall receive, when entitled, part time sick leave pay, vacation pay, statutory holiday pay and night shift differential. Part-time employees may also participate, when eligible, in the medical benefit program and the pension plan should they choose.

3. The probationary period for a part-time employee shall be sixty-five 65 shifts worked by such employee. But in no case shall the probationary period exceed six months from the date of hire.

4. Part-time employees shall be entitled to the same vacation privileges (pro rated) as regular full-time employees. Vacation pay shall be calculated as 2 per cent of gross earnings for each week of vacation entitlement.

5. Part-time employees will be offered, in order of seniority, any non-scheduled work within their classification for which they have the skills and ability, before a temporary employee is offered such work. The Company shall not be required to schedule a part time employee if the scheduled shift would be at overtime rates.

6. If a Part-time employee becomes a full-time employee, they will be credited with seniority for actual time worked.

7. (a) A Temporary employee is one who is employed for a special project or for a specific time, in either case not to exceed twelve (12) months. The Guild shall be notified in writing as to the nature of such project and/or the anticipated length of temporary employment.

b) Any temporary employee hired to replace a regular employee on a 12-month maternity leave or an unpaid leave of absence of more than six (6) months shall become a dues-paying member of the Halifax Typographical Union in good standing with all the rights and privileges conferred by the Collective Agreement, with the exception of the following: severance pay (Article 7), full-time benefits (Article 13), full-time sick leave (Article 13), seniority protection (Article 3 and Article 5 except that at the end of the term for which the temporary employee has been hired, that employee’s termination shall be carried out in good faith by the Company), training (Article 20), leaves of absence (Article 14) and the letter of intent on sabbaticals. Such employees, however, shall be covered by all other terms of the Collective Agreement, including but not limited to classifications and minimums, part-time sick days (Article 15-15) and are eligible for the Company’s part-time employee health benefits plan.

c) An employee hired for more than twelve (12) consecutive months or for more than twelve (12) months in a two-year period, shall become a regular employee of the Company, covered by all the terms and conditions of the Collective Agreement.

8. A Temporary employee hired as a full-time or part-time employee shall be credited with seniority for actual time worked since their most recent hire date.

9. Part-time and Temporary employees shall not be employed where such employment would substitute for, eliminate, or displace a regular employee or position (full-time or part-time) unless such regular employee is absent by reason of illness, disability, scheduled time off, vacation or written leave of absence.

10. Part-time employees are entitled to the provisions (pro rated) of Article 8, Classifications and Minimums.

11. Part-time employees who work less than full-time hours shall be paid on an equivalent hourly rate basis pro-rated to the applicable weekly minima and applicable night differential.

12. Part-time employees shall be entitled to the applicable overtime pay provisions of Article 10, Hours and Overtime.

13. No more than four (4) interns may be used at any one time and for not longer than thirty (30) days or such other time period as required by a recognized educational institution. Interns shall not be used to displace or eliminate any full-time or part-time employee or position. Intern is defined as an unsalaried journalism student in training at the Company.

14. To qualify for a paid holiday, a part-time employee must:

a) have worked for at least fifteen (15) days during the thirty (30) calendar days immediately preceding the paid holiday;

b) work his/her last full scheduled working day before and his/her first full scheduled working day following the paid holiday, unless absent with reasonable excuse.

15. When a part time employee, who has completed their probation period, is prevented from performing his/her duties because of sickness or accident, the Company agrees to pay their full wages beginning with the first day of disability and continuing for so long as such disability shall last, to a maximum of six (6) days pay in any year. Such payment shall be less any amount received directly of indirectly by the employee from Workers Compensation Benefits. Wages received from a third party in the event of an accident shall be returned to the Company to an amount not exceeding the sick leave payments made by the Company. An employee may carry over any unused sick days into the next year to a maximum of thirty (30) days.

Article 16
Expenses and Equipment

1. The Company shall pay all authorized expenses incurred by any employee in the employment of the Company, and such authorization shall not be arbitrarily withheld.

a) The Company shall pay for all reasonable meal expenses for employees who are working on assignment away from the office for three and one half hours or longer and are unable to return their homes or the office for such meals as a result of the Company assignment and during the meal break provided for during over time. Such expenses to be verified by receipts.

b) Employees traveling out of town on assignment for the Company, which require overnight accommodation, will be provided with a reasonable travel advance if requested. All expenditures shall be reasonable and shall be verified by receipts.

2. The Company agrees that any employee authorized to use their personal vehicle in the performance of their assigned duties will be compensated at the following rates:

Price per litre of regular self-serve gasoline for the first week of the month*

(paid in the month in which km experienced)

Cents per km

.95 and greater

45.5 cents a litre

.90 to .949

43

.85 to .899

40.5

.80 to .849

38

.75 to .799

35.5

.70 to .749

33

.65 to .699

30.5

.60 to .649

28

 

 

*Gasoline prices are to be determined based on the average price per litre for self-serve regular gasoline prices – Nova Scotia posted on the www.gov.ns.ca/energy Web site (Link to Consumer Information – Transportation – Weekly Fuel Prices) in the first week of each month.

If employees in any other department, division or subsidiary of the company receive an increase in the mileage rate above these minimums, Guild members in the editorial unit shall receive at least the same increase.

Those employees not required to have a vehicle as a condition of employment shall use the company vehicle first, if available.

3. The Company shall supply camera equipment to the staff photographers and those employees outside HRM required to take photographs as part of their assigned duties. Cameras will be made available to staff in HRM to use on an occasional basis where it is impractical for staff photographers to take photographs.

4. The Company will supply employees with the approved tools necessary to perform their duties such tools to be agreed upon by the Guild and the Company, which agreements shall not be unreasonably withheld. Those employees authorized to work from their homes shall be compensated for approved expenses incurred in the performance of their duties.

5. The Company shall compensate employees for photographs taken outside of working hours at a price mutually agreed by the employee and the Company. The Company shall acquire first and subsequent publication rights and the employee shall retain copyright unless specifically waived by the employee.

6. The Company shall provide up to $100 for a one-time purchase of a tape recorder with a valid receipt for all writing staff (reporters, editorial writers, bureau chiefs and columnists) and for assignment editors.

Article 17
Employee Integrity 

1. An employee's byline or credit line shall not be used over his/her protest. Whenever possible, factual or substantive changes in material submitted and rewrites of material submitted shall be brought to the employee's attention before publication. If an employee cannot be contacted prior to publication, his/her byline or credit line shall be removed.

2. If a question arises as to the accuracy of printed material, whenever possible and if time permits, no correction or retraction of that material shall be printed without prior consultation with the employee concerned. No such retraction shall be printed if the printed material in question is found to be accurate and factually correct.

3. The Company shall inform an employee whose personal integrity or professional ethics are called into question in a "letter to the Editor" or "Opinion piece". These letters or opinions shall not be printed without full consultation with the employee involved. If the printed material in question is found to be accurate and factually correct, such letters to the editor or opinion piece shall not be printed. However, if a letter to the Editor or Opinion piece is printed the employee involved has the right to respond on the same page where it is published.

4. The Company shall not give up custody of or disclose any knowledge, information, notes, records, documents, films, photographs or tapes or the source thereof, where there are no applicable judges' orders, which relate to news, commentary, advertising or the establishment and maintenance of the employee's sources without prior joint consultation between the employee(s), legal counsel for the employer and a Guild representative.

5. No employee shall be required to write, take photographs for, or edit/layout advertising products.

6. It is agreed that the Guild and the Company will meet as soon as possible to appoint a joint committee to review the newsroom ethics policy. Recommendations that may come from said committee that do not infringe on any provision of the collective agreement or any provincial statute will be given immediate and serious consideration by the Company.

Article 18
Miscellaneous

1. The employer agrees to provide a bulletin board suitably placed in the Editorial department and in each provincial bureau. Only the President or his/her designate can post or remove material from the boards.

2. The Company agrees to keep its plant in a clean, healthful, sufficiently ventilated, properly heated/cooled and properly lighted condition at all times.

3. Employees shall be free to engage in any freelance work on their own time for other publications where the publication is not in direct competition with these newspapers (eg: Nova Scotia home delivered or provincially produced periodicals), and company equipment is not used for its creation or transmission. Company permission must be obtained for any work in electronic media, whether being interviewed for job related stories or freelance work.

4. Employees called to serve on juries or subpoenaed as a Crown/Company witness by any legal court or tribunal, or as a Defence Witness in a criminal trial, shall receive their regular pay during such periods of service, less the amount of jury or witness fees. Any night shift employees called for jury service shall not be required to work on the day or days so spent. Any day shift employees called for night jury service shall not be required to work on the day or days following the night or nights so spent. If the employee is released from jury duty for the day or night three (3) hours or more before the termination of their regular shift, said employee shall report to work within one (1) hour from the time of release as long as the combined jury duty time and work time do not exceed the length of their shift.

5. Employees shall not be required to cross a picket line if the story can be done over the phone or in some other way, in the opinion of the employee.

6. The Company agrees that there will be no lockout and the Guild agrees there will be no strike as defined in the Nova Scotia Trade Union Act during the term of this collective agreement.

7. The Company shall give the Guild at least thirty (30) days notice of any significant changes to the current parking arrangements at which time the Company and the Guild shall enter into discussions to explore alternative parking arrangements. The Company shall give the Guild at least three hundred and sixty (360) days’ notice of any increase in the current parking rates for the present parking lots on Grafton and Market streets.

8. Employees are entitled to two (2) paid fifteen minute breaks during each scheduled shift.

9. The Company and the Guild agree to set up a committee to study newsroom ergonomics. The committee will consist of two Company representatives and two Guild representatives. The Company will make every reasonable effort to act upon the recommendations of the committee in a timely fashion.

10. The Guild shall have at least one (1) employee as well as one (1) alternate employee from the bargaining unit on the Company-wide Occupational Health and Safety Committee.

11. Whenever the masculine is used in the Agreement, it shall be deemed to include the feminine and the singular shall include the plural, whenever the context so requires.

12. The company shall give at least ninety (90) days’ notice in writing prior to the implementation of any decision to permanently move a significant number of bargaining unit employees from the current Argyle Street location.

Article 19
Compassionate Leave

1. In the event of the death of a spouse (legal or common law), child, common-law child, father, mother, sister or brother the employee shall be entitled to at least five days off with full pay.

2. In the event of the death of father-in-law, mother-in-law, son-in-law, daughter- in-law, grandchild, grandfather, grandmother such employees shall be entitled to at least 3 days leave with full pay.

3. In the event of the death of a brother-in-law, sister-in-law or other immediate family member of the employee shall be entitled to at least one (1) day leave with full pay.

4. Permission for up to an additional two weeks of compassionate leave with pay shall not be unreasonably withheld by the Company. Employees may have additional time off beyond extended compassionate leave, without pay.

5. Part-time employees shall be entitled to the bereavement leave and extended bereavement leave provided in subparagraphs 1, 2, 3 and 4 above prorated by their normal percentage of time worked within one (1) week.

Article 20
Training and Education

1. Where an employee requests attendance at a course or seminar that has direct application to the current job or career development and where prior approval of the company has been obtained, the Company will pay 100% (one hundred per cent) of the costs. This is paid at the time of enrolment if the program is to be completed in one attendance period of consecutive days. However, over an extended period, the company will pay 50% (fifty per cent) of the program costs at the time of enrolment and 50% (fifty per cent) on successful completion. Time spent on the course may be with pay.

2. Should the Company require employees to attend a course that has direct application to the current job or career development of staff, the Company will pay 100% (one hundred per cent) of the cost of enrolment plus any other expenses incurred by the employee. Time spent on the course shall be with pay in accordance with the straight time and overtime provisions of Article 10, time spent travelling to attend the course shall be at normal straight time pay rates. As an alternative, a flex week may be arranged for an employee engaged in training, with the mutual agreement of the employee and the Company.

3. Where an employee requests attendance at a course or seminar that has only limited job application but nevertheless some element of professional development, and where prior approval of the company has been obtained, the Company will pay 50% (fifty per cent) of the cost of the program. Time spent on the course may be with pay.

Article 21
Labour Management Committee

1. A Labour Management Committee shall be established consisting of two (2) employee representatives of the Guild and two (2) Company representatives of the Company.

2. The Committee shall concern itself with the following general matters:

(a) Considering constructive criticisms of all activities so that better relations shall exist between the Company and the employees.

(b) reviewing suggestions from employees, questions on working conditions and service.

3. The Committee shall meet at least quarterly or when requested by either party (not to exceed once per month unless mutually agreed).

4. The Committee shall not have jurisdiction over wages or any matter of collective bargaining, including the administration of this Collective Agreement. The Committee shall not supersede the activities of any other Committee of the Guild or the Company and does not have the power to bind either the Guild or its members or the Company to any decisions or conclusions reached in their discussions. The Committee shall have the power to make recommendations to the Guild and the Company with respect to its discussions and conclusions.

5. The Guild will supply the Company with the names of its Local Executive and representatives on an up-to-date basis.

Article 22
Duration and Renewal

1. This contract shall commence on the 21st day of November, 2003 and expire on the 20th day of November, 2007, and shall inure to the benefit of and be binding upon the successors and assigns of the employer.

2. Within 90 days prior to November 20, 2007, the Company or the Guild may initiate negotiations for a new contract to take effect on November 21, 2007.

3. The terms and conditions of this contract (subject to subsection 1) shall remain in effect until such negotiations are lawfully terminated. If such negotiations do not result in a new contract prior to November 20, 2007, the new contract wages shall be made retroactive to November 21, 2007.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX I

Fully red-circled employees shall receive a 3% lump sum; 3 years red-circled employees shall receive a 2.5 % lump sum; 2 years red-circled shall receive a two (2) per cent lump sum payment; 1 year red-circled employees shall receive a 1.5 % lump sum

a) Four (4) years red-circled = 3% lump sum payments on current salary payable on signing of collective agreement to Joel Jacobson, Don MacDonald, Tom Peters, Dean Jobb, Roger Taylor and Bev Dauphinee.

b) Three (3) years red-circled = 2.5% lump sum (but no employees in this category).

c) Two (2) years red-circled = 2% lump sum of current salary payable on date of signing of collective agreement to Marilla Stevenson.

d) One (1) year red-circled = 1.5% lump sum of current salary payable on date of signing of collective agreement to Tom McCoag, Steve Bezanson, Greg Coolen, Gordon Delaney and Brian Hayes.