MEMORANDUM OF AGREEMENT

JANUARY 7, 2004

Between

Negotiating Committees for Local 30130 Halifax Typographical Union of the

TNG Canada/CWA and The Halifax Herald Ltd.

 

MONETARY ITEMS

 

1.                  LENGTH OF COLLECTIVE AGREEMENT (Article 22-1)

 

            Four years

 

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.                  WAGES: GENERAL WAGE INCREASE (Article 8)

(See attached printout of new wage rates shown annually for each employee for convenience but to be inserted in Collective Agreement (Article 8) as weekly rates increased as per percentage shown here.)

 

            Yr 1  (Nov 21/03)                        4.00%

            Yr 2  (Nov 21/04)                        3.55%

            Yr 3  (Nov 21/05)                        3.3%

            Yr 4  (Nov 21/06)                        3.3%

 

            General Wage Increase Applied to Reporters’/Photographers’ Current Salary $52,000

            Yr 1                 4.00%                        e.g. Rep = $54,080

            Yr 2                 3.55%                        e.g. Rep = $56,000

            Yr 3                 3.3%                        e.g. Rep = $57,848

            Yr 4                 3.3%                        e.g. Rep = $59,757

 

3.                  WAGES: SPECIAL ADJUSTMENTS (Article 8)

                                                            Current Salary/Yr            New Salary/Yr

            Secretaries:                                      $27,000                        Yr 1 $29,000 Yr 2 add $1000

            Library/Page Techs:                        $29,000                        Yr 1 $31,000 Yr 2 add $1000

Graphic Artist:                                    $40,000                        Yr 1 $46,000

            Assistant Photo Ed.:                        $54,000                        Yr 1 $56,000

                                                                                               

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

 

 

4.                  WAGES: LUMP SUM FOR RED-CIRCLED EMPLOYEES (Article 8)

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.

 

Three (3) years Red-Circled = 2.5% lump sum (but no employees in this category).

 

Two (2) years Red-Circled = 2% lump sum of current salary payable on date of signing of collective agreement to Marilla Stevenson;

 

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.

 

5.                  WAGES (Article 8)

            Listing of Laurent LePierres as Editorial Writer with 100% pay as Editorial Writer.

 

6.                  MILEAGE (Article 16-2)

The company agrees that any employee authorized to use their personal vehicle in the performance of their assigned duties will be compensated at a rate of:

 

Price per litre of Regular Self-serve for the First Week of the Month *

(paid in the month in which km experienced)

Rate at which Kilometers paid per litre

Cents per km

.95 and greater

.455/km

.90 to .949

.43

.85 to .899

.405

.80 to .849

.38

.75 to .799

.355

.70 to .749

.33

.65 to .699

.305

.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 website (Link to Consumer Information 6 Transportation 6 Weekly Fuel Prices) in the first week of each month).

 

 

Added Clause                                                                                                                         

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.

 

1.                  PENSIONS

 

a.                   Base Year Upgrade to 1998: upgrade benefits earned prior to 1998 so that they are based on 1998 pensionable earnings effective for active members at January 1, 2004;

 

b.                  Elimination of mandatory retirement at age 65: The Herald will remove from the Herald Retirement Plan the mandatory retirement at age 65;

 

c.                   Early Retirement: for those  three (3) employees (Joel Jacobson, Peter Duffy and Brian Hayes) who will reach age 60 prior to the end of the term of this Collective Agreement (November 20/07), the early retirement reduction shall be 1/4 % per month by which his retirement precedes his normal retirement date up to 60 months plus1/2 % per month by which his retirement precedes his normal retirement date in excess of 60 months but less than 120 months.

 

An employee who retires at age 60 during this Collective Agreement will therefore have a pension reduction of 15% rather than 30%;

 

d.                  Surplus to be Used for Benefits: should the Plan find itself with surplus above the levels specified in Section 147.2(2) of the Income Tax Act, benefits shall be increased until the surplus falls below the maximum permitted under the Income Tax Act;

 

e.                   Herald Pension Advisory Committee: the Union will select their representative to the  Herald Pension Advisory Committee;

 

f.                    Special Newsroom Pension Committee: the Company proposes a special Newsroom Pension Committee. There would be three (3) bargaining unit members (to be named by the Union) and three (3) Company members (Fred Buckland, Mary Lou Croft, and Theresa Williams).  This committee will be required to meet quarterly unless both sides agree in writing to waive a particular meeting.  In addition, the Committee could be convened upon reasonable notice by either Union or management.  The Committee would focus on building proposals to be recommended respectively to the Union and management for their consideration for improvements in the pension plan in the next collective bargaining negotiations;

 

g.                   “Cap”: present earnings “cap” on “pensionable earnings” to be amended to 178% YMPE (2004 “cap” will equal $72,090) from current “cap” of 125% of YMPE;

 

h.                   Employer Contribution Holidays: in no event shall employer contributions to the Herald Retirement Fund be less cumulatively over the term of this Collective Agreement, for the Newsroom employees, than the Newsroom employees themselves are required to contribute to such Fund;

 

i.                     Accrual and Contribution Rates:

 

For service after January 1, 2004, the benefit accrual rates will be 1.6% of earnings below YMPE and 2% of earnings in excess of YMPE.  The members’ contribution rates will be 3.2% of earnings below YMPE and 4% of earnings in excess of YMPE. 

 

For service after January 1, 2006, the the benefit accrual rates will be 1.7% of earnings below YMPE and 2% of earnings in excess of YMPE.  The members’ contribution rates will be 3.4% of earnings below YMPE and 4% of earnings in excess of YMPE.

 

j.                    Protection of Benefits: Add clause to pension rules as follows:

                                   

Except as may be required to satisfy legislative requirements and/or to preserve the Plan’s status as a registered pension plan, in no event shall the Plan, for the (Newsroom) employees, be changed or benefits reduced, without the prior written consent of their Union.

 

2.                  BENEFITS (FLEX CREDIT) (Article 13-2)

 

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.                  SHIFT PREMIUM (EXCLUDED WORK) (Article 9-4)

 

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 $20.00 for such shift.

 

4.                  SHIFT PREMIUM (NIGHT SHIFT) (Article 9-9)

 

A night shift premium of $1.45 per hour in Yr 1 of this Collective Agreement (increased by general wage increase in Yrs 2,3,4) 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.

 

5.                  VOLUNTARY TRANSFER/BUMPING (Article 9-10)

 

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:

 

(1)            Red circled employees, however, will remain at red circled salary;

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

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

 

6.                  BANKED OVERTIME (Article 10-3(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 the 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 the 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.

 

7.                  VACATIONS (Article 12-1)

 

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

 

 

            (Add to current language)

           

            In the 30th year of service and thereafter.............seven weeks (includes 2 Publisher’s days)

 

8.                  VACATIONS (Article 12-2(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.

 

9.                  TAPE RECORDERS (Article 16-6)

 

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

 

10.              ELO (Article 13-10)

 

The Company will re-offer 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.

 

 

 

 

 

 

SUMMARY OF NON-MONETARY ITEMS

 

 

1.                  GUILD SHOP (Article 2-2)

 

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.

 

2.                  GUILD SHOP (Article 2-4(a))

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

 

 

3.                  EXCEPTIONS TO THE COLLECTIVE AGREEMENT (Article 2-9(a) & (b))

 

Nothing in this Collective Agreement shall apply to (a) unsalaried journalism students in training at the Company and (b) replacements hired to supplement regular full time staff during the summer vacation (June 1 - September 30) period (except for Article 15-7 - Temporary Employees).    

 

4.                  TRANSFERS (Article 3-4(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.

 

5.                  TRANSFERS (Article 3-5(a))

The Company agrees to recognize and to carry out in practice the principle of promotion or voluntary transfer of staff members...(continue as per Collective Agreement current language).

 

6.                  SECURITY (Article 5-3(a))

 

Seniority is defined as the length of continuous employment (from the date of most recent hire) with the Company...(continue as per Collective Agreement current language).

 

 

 

7.                  TECHNOLOGICAL CHANGE (Article 6-1(b))

 

Where the company plans to introduce new equipment or new processes that would have a significant impact on operations, the employer 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 process 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.

 

8.                  TECHNOLOGICAL CHANGE (Article 6-1(c))

 

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

 

 

9.                  TECHNOLOGICAL CHANGE (Article 6-2(c))

 

            Notice shall include:

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

 

10.              TECHNOLOGICAL CHANGE (Article 6-3)

           

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.

 

 

11.              CALL BACK ON DAY OFF (Article 10-8)

 

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.

 

12.              HOLIDAYS/EMPLOYEE’S BIRTHDAY (Article 11-1)

 

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 they will celebrate their religious holiday, subject to working out a revised/new schedule with their supervisor.

 

13.              MATERNITY/PARENTAL LEAVE (Article 13-3)

 

Current collective agreement language except where change is necessitated by legislative change. 

 

14.              EMPLOYEE ASSISTANCE PROGRAM ( Article 13-8)

 

            The Herald has posted information to describe the process for accessing Family Services.

 

 

15.              PERSONAL LEAVES OF ABSENCE (Article 14-1)

 

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 case of medical emergency).

 

 

16.              PROBATIONARY PERIOD PART-TIME EMPLOYEES (Article 15-3)

 

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 (6) months from the date of hire.

 

 

17.              SENIORITY - PART TIME (Article 15-6)

 

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

 

18.              TEMPORARY EMPLOYEE (Article 15-7)

 

(a) A Temporary employee is one who is employed for a special project 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 (Art. 7), full-time benefits (Art. 13), full-time sick leave (Art. 13), seniority protection (Art. 3 and Art. 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 (Art. 20), leaves of absence (Art. 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 (Art. 15-15) and are eligible for the Company’s part-time employee health benefits plan.

 

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

 

19.              INTERNS (Article 15-13)

 

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 unsalaried journalism students in training at the Company.

 

 

20.              ADVERTISING (Article 17-5)

 

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

 

 

 

 

21.              ETHICS COMMITTEE (Article 17-6)

 

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 this collective agreement or any provincial statute will be given immediate and serious consideration by the Company.

 

22.              BULLETIN BOARDS (Article 18-1)

The employer agrees to provide bulletin boards 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.

 

23.              PARKING FEES (Article 18-7)

 

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 Street.

                                                                                   

24.              ALTERNATE - OHS COMMITTEE (Article 18-10)

 

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.

 

25.              MOVING EMPLOYEES (Article 18-12)

 

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.

 

26.              COMPASSIONATE LEAVE (Article 19-5)

 

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.

 

27.              TRAINING AND EDUCATION (Article 20-2)

 

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) 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 traveling 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.