7056740624 sudbury star page 02/22 jyj ' ',c) - ontario and... · 18/82/2006 13:00...

7056740624 SUDBURY STAR PAGE 02/22

""',c) jYJ ""' FILE I o. p(8 ~ ~t).Q / b CERT. FILE

OCi - 2 2006 Sudbury Typographical Union CERT.OATE

Loca/846 TOTALEMPS 5 COLLECTIVE BARGAINING iNFORMATION SERVICES

Agreement with the Sudbury Star EFF. DATEn I fnXU;. ~[?_ T EXP. DATE3o _ fifYt _ :;2~ Duration and Covenant

CODING CONTROL DATE CODER Section 1.01 This agreement made and entered into this 6th day 0 2002 by and between The Sudbury Star (hereinafter sometimes referred to "Employer'') through its authorized representatives and The Sudbury Typo Union No. 846 (hereinafter sometimes referred to as the "Union"), by its o committee duly authorized to act on its behalf shall be effective beginning

:~r~~ED flcn::b/a;; $ /illifJ~-

flM~~ cor~! N 200 I EMf'lOYER and ending April30, 2005. OTHER

Section I .02 Not less than sixty days prior to the expiry date of this agre•!ment negotiation shall begin for the purpose of detennining such changes as may be desired. If either party wishes to propose amendments to this contract or a new contract to take its place it must inform the other party of its wishes sixty days prior to the expiration of the contract, and accompany the notice with a statement in detail of changes desired. If no counter proposal be filed, the existing contract shall be considered to be the respondent party's counter proposaL

Retroactivity

Section 2.01 All members oftbe Sudbury Typographical Union will receive retroactive pay according to scale.

Union Recognition

Section 3.01 a) The Employer recognizes the Sudbury Typographical Union, Local 846 as the exclusive bargaining agent for employees named as Adbuilders, Admakers, and Composing Foreman employed by The Sudbury Star. b) It is understood and agreed by the parties that this agreement does not extend over any work connected with input or any work connected with the make-up I pagination of anythiing other than retail display ads. c) Employees employed to make-up I paginate retail display ads will be covered by this agreement However, it is furth1or understood and agreed that the make-up I pagination of retail display ads is not exclusive to employees covered by this agreement and may be done by retail advertising salespersons, persons outside of the newspaper, persons currently performing

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the work in another bargaining unit, or, if necessary, members of management.

Union. Securitv

Section 4.01 The Employer agrees it is a condition of employment for all new employees to become members of the Union within thirty (30) calendar days following their date of hire.

Section 4.02 The Employer agrees to respect and observe the conditions prescribed by the constitution, bylaws and scale of prices of the Union not in conflict with tbis agreement, and the General Laws of the Printing, Publishing and Media Workers Sector of the Communication Workers of America, copies ofwhich are hereunto attached. Nothing in this section shall confer any jurisdictional rights on the union or any employees.

Hgurs - Dayshift

Section 5.01 Seven and one-half hours shall constitute a day's work; and five shifts shall constitute a week's work.

Hours - Night Shift

Section 6.01 Seven hours shall constitute a night's work; five shifts shall constitute a week's work .

Hours of Work

Section 7.01 Day work shall be between 6 a.m. and 6 p.m. Night work shall be between 6 p.m. and 6 a.m.

Section 7.02 Any shift overlapping day shift or night shift shall be recognized as a "split" shift or "lobster" shift, except that two day shift ernployees rnay be required to start work at 5 a.m.

Wages

Section 8.01 Unless otherwise specified all employees shall receive the following hourly or weekly rates for day work:

Ad Builders - Hourly

Day Shift Section 8.02

On ratification May I, 2003 May I, 2004

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$24.977 $25.476 $25.986

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*Retroactive pay will be paid to regular employees for all hours worked since May 1, 2002.

Section 8.03 Call classification of current employees "Adbuilders", and new hires "Admakers". Admakers will be paid according to the following scale:

Nightshlft

First Year- 50% of top reporter rate Second Year- 60% of top reporter rate Thlrd Year - 70% of top reporter rate Fourth Year- 85% of top reporter rate

Section 8.04 Night shlft of7 hours shall be paid $9.00 above the daily wage paid a day shift for working 7 'h hours.

Lobster Shlft

Section 8.05 December 4, 1999 to April 30, 20021obster shift of35 hours shall be paid 15% plus $2.50 above weekly wage paid day shift for working 37 and one-half hours.

Assistant Foreman

Section 8.06 The wages of working a_qsistant foreman shall be: effective May 1, 1995 $3 0 per week, effective May l, 1997 $3 2. 50 per week above the weekly scale for the shift worked.

Lunch Break

Section 9.01 A lunch period of at least thirty minutes a.nd not more than one hour shall be allowed for each shift. Such time shall not be included in the number of hours specified for a day's or night's work. Lunch time shall be designated by the foreman at the convenience of the office, provided that no employee shall be required to work more than five hours without a lunch period, and no employee sha.ll be required to ta.ke hls!her lunch period until four consecutive hours have been worked.

WorkWeek

Section 10.0 l No employee, including working foreman, covered by this agreement shall be required or pennitted to hold a situation of more than five days or five nights or a combination of days and nights equivalent to five in one financial week. When an employee is required to work on a. regular off-day or off-night, or the sixth. or seventh shift in any financial week, he/she shall be paid overtime rate for such work.

FuU Shlft

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Section 11.01 In no case shall an employee be employed for less than a full shift except when discharged for cause or is excused at his own request.

Overtime

Section 12.01 All time worked before or in excess of the regular hours established for the day or night's work must be paid for at the overtime rate of time and one-half, on the regular hourly wage-rate paid in any one week. The Union agrees that reasonable overtime will be worked at regular overtime rates and the Employer a&>rees to employ sufficient help, if avai.lable, so that overtime will be minimized.

Section 12.02 When overtime is required the foreman shall so advise the Chairman of the Chapel not later than 11 a.m. and he/she shall at that time stipulate the amount of overtime required. Overtime shall be worked on a voluntary basis, provided, that if enough volunteers are not forthcoming the chairman shall distribute the ov1!rtime required in priority order.

Section 12.03 Under extraordinary conditions, such as mechanical breakdown, power failure, fire, flood disaster, which affect the entire composing room due to circumstances over which the Employer has no control employees may be required to get out regular editions at single price if work is not completed within the regular hours. The Chairman shall use his/her discretion as to when overtime pay will start to make up time loss in emergency stoppage.

Holiday and Sunday Work

Section 13.01 All work performed by day shifts on Sundays shall be paid for at double time, and on holidays at time and one half One night shift (either starting on the night prior to or on the night of the holiday) shall be designated as the holiday shift for night shifts, and, if worked, will be paid for at time and one half

Statutory Holidays (A)

Section 14.01 There shall be nine recognized holidays as follows:

Section 14.02 New Year's Day, Good Friday, Victoria Day, Canada Day (July 1), Boxing Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day or days celebrated as such. Section 14.03 All situation holders and apprentices scheduled to work: on abovenamed holidays shall receive straight-time pay when not required to report. If required to report, they shall have the option of being paid double-time and one-half in cash or time and one-half in cash for the hours worked plus a day off mutually convenient to employee and company.

Statutory Holidays (B)

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Section 15.01 All journeymen and apprentices not required·to work on a recognized holiday shall be paid for such day at their regular straight time rate, ex:cepting employees whose slide day falls on the holiday and employees whose services are unavailable because of sickness, leave of absence or other reason. When a recognized holiday falls on an employee's slide day or during his vacation, said employee shall be given an additional day off by the foreman within a period of 30 days if possible, but no longer than within 60 days after the date of such holiday, except employees whos·e services were unavailable because of sickness, leave of absence or other reason. Provided that neither a journeyman nor an apprentice shall be entitled to holiday pay or time off for a holiday unless he has worked on both the regularly scheduled days next preceding and following the holiday or has been absent for legitimate reasons acc10rding to the judgement of the foreman (whose judgement is subject to the grievance procedure).

Vacations

Section 16.01 Employees who have held situations for one year or more (but less than three week entitlement) shall be entitled to two weeks vacation with pay, or 4 per cent of total earnings, whichever is the greater.

Section 16.02 March 3 J rt each year shall be the cutoff date.

Section 16.03 Employees who have held situations three consecutive years or more shall be emitled to three weeks vacation with pay or 6 per cent of total earnings, whichever is the greater.

Section 16.04 Employees who have held situations nine consecutive years or more shall be entitled to four weeks vacation with pay or 8 per cent of total earnings, whichever is the greater.

Section 16.05 Employees who have held situations eighteen consecutive years or more shall be entitled to five weeks vacation with pay or 10 per cent of total earni.ngs whichever is the greater.

Effective April I, 2003, employees who have held situations seventeen consecutive years or more shall be entitled to five weeks vacation with pay or 10 per cent of total earnings whichever is the greater.

Section 16.06 Employees who have held situations twenty-seven consecutive years or more shall be entitled to six weeks vacation with pay or 12 per cent of total earnings, whichever is the greater. Section 16.07 Neither the third, fourth, fifth nor sixth weeks shall necessarily be granted consecutively, or with the regular two weeks vacation, but may be taken outside the regular vacation period.

Section 16.08 An employee may make arrangements (through the chairman and the foreman) to have more than two weeks taken together subject to the provisions in priority clause 17.01.

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Section 16.09 Employees who have worked for the office shall be entitled to vacation or vacation pay according to the Employment Standards Act of Ontario. When employees have worked less than the time required for a full vacation their pro-rata number of days shall be given them during the vacation season each year.

Section 16.10 The employer agrees that a leave of absence for illness up to a period of one year shall not be held against any employee when determining length of service for vacation purposes.

Section 16. 11 Where an employee has been absent through illness for a period in excess of 12-months in a 13-month period, he shall qualify on his return to work for vacation credits for the following year, at the pro-rata rate of one day for every 26 days worked, when entitled to two weeks vacation; or one day for every 17 days worked when entitled to three weeks vacation; or one day for every 13 days worked when entitled to four weeks vacation; or one day for every 10.4 days worked when entitled to five weeks vacation; or one day for every 8.7 days worked when entitled to six weeks vacation.

Section 16.12 Vacation pay shall be paid to each employee prior to the start of his vacation. Employees shall not be compelled to take their regular two weeks vacation prior to Victoria Day. The regular vacation period (not including the third, fourth and fifth week) shall be between Victoria Day and Labour Day.

Section 16,13 The employer agree~ that a minimum of one employee shaH be off for each week in June, July and August.

Section 16.14 Any person leaving his employment voluntarily or otherwi:;e shall be entitled to receive his vacation pay credits as provided by the Ontario Employment Standards Act, provided further, that any employee who has worked 12 months or more without vacation pay plus the following percentages on any days worked in exce$S of 12 months, at the rate of four per cent when entitled to two weeks, six per cent whel!l. entitled to three weeks, eight per cent when entitled to four weeks, and ten per cent; when entitled to five weeks vacation, And twelve (12) per cent when entitled to six weeks' vac:ation. An employee leaving employment under this clause shall not suffer a loss of vacation pay credits owing due to bona fide i!Iness or being in receipt of weekly indemnity benefits,

Priority/Seniority

Section 17.01 Employees may claim new shifts, new starting times, new Hlide days and have choice of vacation schedule in accordance with their priority standing subject to the needs of the Employer.

Section 17,02 Seniority shall be defined as length of continuous seJVice with the Company. An employee shaH lose seniority and employment in the event that: a) The employee resigns. b) The employee is discharged for just cause (and such discharge is not reversed

through the grievance procedure).

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c)

d)

e)

f)

g)

The employee has been laid off for a period exceeding eighteen (18) consecutive months. The employee fails to report for work after notification of recall to work following layoff without providing a reasonable explanation to the employer. The employee fails to report for work after an authorized leave of absence without providing a reasonable explanation to the employer. The employee has been absent for three working days without providing a reasonable explanation to the employer. The employee retires.

Superintendents and Foremen

Section 18.01 The Union admits that the superintendent and foreman are representatives of the Employer and the Employer shall be free to select for these positions any person from within or without the composing room.

Section 18.02 The foreman may transfer a situation from night work to day work or vice versa, or at different hours, or employees from one position to another position at his discretion either temporarily or permanently to produce efficiently the work in the composing room and the employees shall perfonn any duties pertaining to the work in the composing room assigned to them, but in no case shall a person be transferred to work with which he is not familiar and then be declared incompetent. Any transfers made shall be subject to the provisions of Section 17. Ol of the contract,

Section 18.03 A foreman has the right to employ help and may discharge for incompetency, neglect of duty, or violation of office rules which shall in no way abridge the civil rights of employees or their rights under accepted CWA laws. And a superintendent or foreman who is a member of the Union shall not be subject to fines or discipline by the Union on account of any action or decision made in carrying out the provisions ofthis agreement in accordance with the instructions of the Employer, but this shall not apply to infractions of Union laws which are not involved in this agreement. Foremen and acting foremen shall be members of the Union.

Section 18.04 Nothing in this agreement will require the Company to have a foreman. Exempt manager(s), to whom bargaining unit employees report, may supervise said employees and shall ha;ve the rights under Section 18. The foreman or exempt manager(s) shall be the judge of competency of aU employees.

Work Reduction

Section l9.0l If a named adbuilder becomes surplus as a direct result of employees being hired to admaker (or temporary admaker) positions to make up retail display ads, the admakers (or temporary adma.kers) will be laid off prior to the named adbuilders, provided the remaining named ad builders are competent to perfonn the work. For reductions in the workforce within the classifications of adbuilder and adrnaker, the employee with the least seniority will be first laid off.

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Section I 9.02 Should there be an increase in the work force, the members laid off shall, if available within a period of two weeks, be reinstated in reverse order in which they were laid off before other help may be employed.

Discharge a.nd Reinstatement

Section 20.01 Any member who has been discharged and believes the discharge unjustified shall have the right to appeal to the Chapel. The reason or reasons for discharge must be given to the member affected, in writing, by the foreman at the time of the occurrence. Either the Chapel or the Employer may carry the appeal to the local Joint Standing Committee.

Section 20.02 A standing panel of arbiters shall be appointed, to be agre~:d upon jointly by the Union and the Employer.

Section 20.03 In the event of a member's discharge, he shall leave the employ and the premise of the Employer unless his appeal against the discharge is upheld by the chapel.

Section 20.04 ln the latter event the Chapel or the Employer may place the dispute before the first available arbiter of the panel for review of the discharge and whose decision shall be binding upon both parties and the member affected. The referral to the arbiter must be made within 10 days, unless this time limit shall have been extended by mutual agreement of the parties. The arbiter shall bring down the decision within three days of the date of referral.

Section 20.05 All members of the Chapel agree and undertake to cany out their normal duties during the consideration and arbitration of such a dispute.

Section 20.06 In the case of gross misconduct, at its option, the company may require the member to leave the premises immediately following submissions of the reasons for discharge in writing, providing the member is thereby recognized as having been suspended at full pay and without loss of the benefits of this contract. In the event the discharge of the member is upheld by the arbiter, the Employer shall be entitled to recover an equal amount to any payments made or accrued during the period of suspension, and if the member fails to reimburse the company the equivalent amount shall be paid to the Employer by the Union.

Section 20.07 A chapel Chai.rman shall not be subject to discipline or disc:harge by the Employer on account of any action or decision made in carrying out the provisions of this agreement in accordance with the instructions of the Union.

No Strike I No Lockout

Section 21.01 The Union agrees that during the term of this agreement, there shall be no strike, slowdown or stoppage of work, or interference with production. The

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Company agrees that there shall be no lockout of employees during the term of this agreement.

Sanitary Regulations

Section 22.01 The Employer agrees to fumish a clean, healthful, sufficiently ventilated, properly heated and lighted place for the performance of all work of the composing room, and all machines or apparatus operated in the composi.ng room or in the rooms adjacent thereto from which dust, gases, or other impurities are produced or generated shall be equipped in such a manner as to protect the health of the employees. The Union agrees that it will follow the accepted rules of sanitation and "good housekeeping".

Employer's Rights

Section 23.01 Company to:

The union acknowledges that it is the exclusive function of the

a) Maintain order, discipline and efficiency. b) Hire, discharge, classify, direct, transfer, lay-off, promote and discipline fbr cause

subject to grievance and other rights as herein provided by this agreement. c) Make and alter from time-to-time rules and reguiations to be observed by the

employees, provided that they are not inconsistent with the provisions of this agreement; and generalJy to manage the enterprise in which the Coropany is engaged, and to determine the methods and equipment to be used.

d) The Company shaH have the sole right to determine the specific days on which publication shall be maintained, the number of editions to be published, when other work shall be petformed, shall be the judge of the number of employees required in any capacity, and shall be the judge of competency.

e) The parties agree the management rights herein stated shall be subject to the terms and provisions of this collective agreement and where such management rights are in conflict with the terms and conditions of this collective agreement, the terms and conditions of this collective agreement shall prevail.

Grievance Procedure

Section 24.01 A standing committee of two representatives of the Employer, and a like committee of two representing the Union shall be selected by the Union, and in case of vacancy, absence or refusal of either of such representatives to act, another shall be appointed in his place.

Section 24.02 To this committee shaU be referred all disputes which may arise as to the scale of prices herein provided, the construction to be placed upon any clause of the agreement, or alleged violations thereof, which cannot be settled otherwise and such joint committee shall meet forthwith and in any event within l 0 days of notification in writing when any question of differences shall have been referred to it for decision by the executive officers of either party to this agreement. Should the joint committee be unable to agree, then it shall refer the matter to a board of arbitration, the representatives of ea.ch

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party to this agreement to select one arbiter and the two to agree upon a third. llfthe two cannot agree on a third within 20 days, the Minister of Labour for the Province ofOntatio shall be asked to select the third member, who shall be a resident of Ontario. The majority decision of this board shall be final and binding upon both parties.

Section 24.03 All times herein mentioned may be eJctended by the mutual written consent of the parties.

Section 24.04 Provided that Local Union Laws not affecting wages, hours and the General Laws of the CWA (copies of which are attached hereto) shall not be subject to arbitration. The conditions prevailing prior to the cause of any such dispute shall be maintained until decided as above provided.

Disputes

Section 25.01 It is agreed that fiuitless controversies must be avoided and eve1y effort made to maintain harmonious relations. To accomplish this, both parties will in every instance give prompt attention to disputes and will in good faith endeavour to settle all differences by conciliation or arbitration. In the event of a difference arising regarding the terms of this contract, aiJ work shall continue without interruption and in the usual manner pending proceedings looking to conciliation or arbitration of such differences and the wages, hours or working conditions prevailing prior to the cause of the difference shall be preserved unchanged and work shall continue in the usual manner until a final decision of the matter at issue be reached.

CW AJITU Negotiated Pension

Section 26.01 A) Effective January 1, 2003 the Employer agrees to contribute $!3.00 per straight-time shift for each employee covered by this agreement, the company further agrees that effective January 1, 2004 the company's contribution shall be increased to $13.25 per straight-time shift and the company further agrees that effective January 1, 2005 the company's conttibution shall be increased to $1350 per straight-time shift. Contributions shall be made for any straight-time shift for which an employee receives compensation (e.g. vacations, holidays, disability insurance, bereavement leave, sick leave). The Plan is jointly administered by Trustees.

Section 26.02 B) Contributions shall be made by cheque, or money order or similarly recognized medium of exchange and shall be made payable to the CW NITU Negotiated Pension Plan (Canada) and shall be forwarded to: D.A. Townley & Associates Ltd., #101-4190 Lougheed HWY, Burnaby, BC, VSC 6A8, or to such other corporate trustee as may be designated by the Trustees of the Plan, no later than the !Otl' of the following calendar month for which contributions are due.

Section 26.03 Remittance Forms to be furnished by tbe CWNITU Negotiated Pension Plan (Canada) shall be sent by the employer to: D.A. Townley & Associates Ltd., 101-4190 Lougheed HWY, Burnaby, BC, VSC 6A8, no later than the IO'h of the following calendar month for which contributions are due.

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Section 26.04 C) Title to all monies paid into the Plan shall be vested, and shall be held exclusively by the Trustees in trust for use in providing the Benefits under the Plan and paying its expenses.

Section 26.05 D) Not withstanding, the Employer's sole liability, as to pension benefits for its employees covered by this collective bargaining agreement, is limited to its negotiated contributions to the CWN!TU Negotiated Pension Plan, (Canada). The Employer specifically assumes no responsibility for the benefits promised to the participants and the CW AJITU Negotiated Pension Plan, (Canada) by the Trustees, the Printing, Publishing and Media Workers Sector of the Communications Workers of America or their advisors.

Jury Duty

Section 27.01 An employee called for service by any legal court shall receive the difference between the jury duty rate and amount of straight-time earnings lost by reason of such service. To quaUf)r, an employee must produce proof that his absence was in response to a summons for jury duty or service as a juror and he must make himself available for work whenever excused from such duty.

Check-off, Welfare Benefits. Sick Leave.

Section 28.01 Effective on the date of signing The Sudbury Star agrees to deduct weekly from the pay of each member of the Chapel an amount to be designated by the Chapel for the purpose of welfare benefits; to be established and administered by the Chapel. Such designated amount shall be sent once each month to the parties to be named by the Chapel.

Section 28.02 The Company will provide and pay for the following coverages: major medical, basic dental, semi-private, CHIP/Employer Health, long-term disa.bility, and a vision care plan that provides $175.00 for employees and each eligible dependent every two years for glasses or contact lenses. Effective May 1, 2004 vision care will provide $185.00 every two years for glasses or contact lenses.

Eligibility for benefits will be the first of the month coincident with or immediately following the employee's probationary period.

Section 28.03 Should there be an increase in the cost of the listed benefits, the company will assume the cost.

Outside Activities

Section 29.01 Employees shall be free to engage in any activities outside of working hours, provided such activity does not result in a.ny conflict of interest.

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Signature Clause

In witness whereof,. we have :~nto set our bands and seals this ('1fh. March, )003. 'dootf. ~

day of

FOR THE COMPANY

This agreement is approved as being in compliance with the laws of the Printing, Publishing and Media Workers Sector of the Communications Workers of America, and the undersigned, on behalf of the executive council of the Printing, Publishing and Media Workers Sector of the CWA hereby pledges as a matter ofthe union policy only, its full authority under the laws to the fulfillment thereof without becoming party thereto and without assuming any liability thereunder.

IN WITNESS WHEREOF, I have hereunto set my band and seal this 1"7-/1.. day

Of fvlvm::J- ~---- 'l:'{X" C) • -'-----'-'=11'-'-- ' qmJ.l. :2oclf_ . _ lJ .#/'-

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President Publishing and Media Workers Sector of the

Communications Workers of America

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Attached Letters

LetterNo. I

It is agreed that at least 4 months notice sha\1 be given to the Union, of the Employer's plans to introduce any new printing processes or new types of equipment or evolution or substitute of pre.~ent equipment or processes for or affecting such processes. No reduction of the composing room working force because of the introduction of such new types of equipment or such new processes shall be made out of priority order unless the employee affected is given a proper opportunity by the Employer to become proficient on. such new types of equipment or such new processes.

The following represents an understanding between The Sudbury Star and Sudbury Typographical Union, Local 846 of the Communications Workers of America.

l. a) The newspaper will pay to a regular journeyman I adbuilder whose priority is established in the Chapel, excluding substitutes and graduating apprentices, on the date notice is given and who is designated to be displaced on or after the date said notice is given, a relocation allowance of$1,500 for each completed month of continuous service subject to a minimum relocation allowance of $20,000 and a maximum relocation allowance of $60,000. In addition, notice required under the Employment Standards Act of Ontario will be in cash in lieu of notice, in addition to any accrued vacation.

b) A situation holder between the ages of sixty and sixty-five years on the d!tte of conversion to a new operation who elects early retirement shall be entitled to receive a monthly payment of $100 from the newspaper until attainment of age 65, in addition to the relocation allowance, and is not entitled to re-establish priority.

c) The provisions of this section shall apply during the period of18 months following the date of conversion to a new operation and any payments caUed for shall be made within 30 days after date of termination of employment.

d) A situation holder receiving payment called for in this section shall not re-· establish priority in the Chapel for a minimum period of 18 months from receipt of payment.

e) An individual receiving payment called for in this section shall not at any tune be eligible for further payments relating to new equipment at the newspaper of any other Osprey Media Group Inc. newspaper.

f) With respect to existing contractual tennination payments, any employee!: shall be entitled to receive the greater ofthe payments provided herein or the contract, but not both. Within 12 months of conversion to a new operation, if a journeyman situation holder named to be displaced relocates and establishes priority as a situation holder at another Osprey Media Group Inc. newspaper without intervening permanent employment, such employee shall carry forward his seniority fbr the purpose of vacation eligibility, and the ManuLife coverage eligibility in cases where ManuLife is the insurance carrier at both newspapers.

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A situation holder who would otherwise be displaced because of conversion may elect to fill some other position with the Company which is available and for which the employee can demonstrate satisfactory transferable skills subject to the nonnal probationary period. When the notice mentioned in the first paragraph above is given the Union, the Union and Management shaU immediately establish a Joint Training Committee, which shall be responsible for the orderly, uninterrupted conversion to new processes.

Letter No.2

The practice shall be that the foreman will tell the Chapel Chairman, at 11 a.m. olfthe emergencies requiring a change in starting times that are known at that time, so that arrangements can be made to cover the shift.

Letter No.3

At least five days notice shall be given to the Chairman when off days, shifts or starting time changes are required.

Letter No.4

The Union agrees all union and chapel meetings shall be held outside of working hours, except in the case of discharge at which time such meetings may be called by the Chapel Chairman during the last fifteen minutes of the first shift.

Letter No.5

The Union will try to give out overtime through the Chapel Chairman so that there will be a reasonable balance of overtime worked to reflect the ratio of the number of employees regularly on nights to the number of employees regularly on days, according toCWAiaw.

Letter No.6

The Chapel Chairman shall secure overtime required as defined, and by the methc1d set out in Section 12.02. The foreman shall advise the Cbapd Chairman of overtime required by the office in accordance with section 12.02, The foreman shall not require or permit any journeyman or apprentice to work more than three hours of overtime beyond his regular shift on the day concerned.

Letter No. 7

The Labour-Management Committee has been set up by composed of two representatives of the Chapel and two representatives of the Empl.oyer. It shall be the duty of this committee to place on its agenda at regular meetings such matter that must be clarified in keeping with the spirit of the contract.

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):.,etter Ng 8

The Employer agrees on bereavement pay of three days if the funeral is attended for mother, father, step-mother, step-father, wife, husband, child, brother, sister, mother-inlaw and father-in-law and one day if the funeral is attended for grandparents. Five days will be granted for attendance at funerals out-of-province. In the event of a bereavement, the Employer will endeavour to accommodate the employee.

Letter No.9

The Employer agrees to Sixty-two and one-half per cent as its contribution to the premium for the weekly indemnity plan now in effect. The Employer agrees to n~duce the waiting period for weekly indemnity to two (2) calendar days from four ( 4) calendar days.

Letter No. 10

In circumstances where a claim clearly has been established as bona fide and Manulife Financial has not paid promptly, the employer will see to it that the individual member is, in effect, paid weekly in advance, of his receipt ofManulife Financial or L TP ch(:ques, subject to recovery of payment from the member.

Letter No. 1I

The Company agrees to implement and pay for a Long Term Disability Plan as arranged and administered by the Company, effective July l, 1985. Effective September 1, 1990 an employee who is in receipt ofLTP benelits, shall continue to participate in the applicable group life, health and dental plans and the applicable pension plan without cost and in accordance with the terms of such plans as they existed at the onset of disability.

Letter No. 12

A temporary admaker is one who is employed for a specified period to cover approved leave of absence (including sickness or injury) for the duration of such absence, vacations, special projects, or other reasons for a period of up to six months. Upon completion of the work period, he/she l.s considered terminated and the severance provisions of the co1Jective agreement will not apply to these individuals. Temporary admakers shall be infonned at the time of their hiring that their employment is of a tempora.ry nature. Temporary adrnakers must join the union and pay recognized union dues effective on date ofhire. Except as amended herein, all terms and conditions for temporary admakers shall be in accordance with the terms and conditions of the collective agreement.

The wage rate for a temporary admaker shall be 50% of the adbuilder rate. The bereavement leave provisions will not apply to temporary admakers. Vacations and

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statutory holidays will conform to the Employment Standards Act of Ontario. The welfare provisions of the collective agreement will not apply to temporary admakers .

Letter No. 13

In the event of a Sunday publication no employee shall be required to work a shift within II hours after the completion of that employee's last regular shift.

LetterNo. 14

Effective on date of ratification of present contract The Sudbury Star will increase the amount of term life insurance to $45,000 for each employee covered under this c>Dilective agreement. Provided further, the amount of term life insurance shall increase to $50,000 effective November l, 1993.

Letter No. 15 Letter of Understanding- Training

The Company is committed to provide the necessary training to affected employees in the operation of any new or modified process introduced during the course of the contract.

Letter No. 16 Letter of Understanding- Joint Labour-Management Committee

The parties mutually recognize the importance of providing a work environment that fosters efficiency, productivity and job satisfaction. The parties also agree to strive for a more hannonious labour-management relationship. The parties therefore agree to establish a joint labour-management committee comprised of one union representative from each bargaining unit and four representatives from the Company. The committee will meet at the request of either party, with a minimum requirement for quarterly meetings. The party requesting the meeting vvill provid<il the other with an agenda of discussion items, at least one week in advance of the meeting. The joint committee shall develop recommendations to resolve issue(s) of concern. In the event the committee fails to agree, the matter in dispute shall be placed before tbe Pu · ber, vvho shall render a decision in a timely fashion. The Publisher's decisions, as

ell as a re mt'lle da.tions made by the committee and endorsed by the Publisher shall c\i.!P?l'l:!!iiiil.nted · timely fashion.

The above 16 letters are approved.

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Sudbua Typographical Union. Local 846

The following provisions apply to newly hired Admakers covered by this agreement:

1. All sections of the collective agreement except sections: 7.01, 7.02, 8.04, 8.05, all of 12, 13.01, all of 14, 15.01, all of 16, 17.01, 21.01, all of24, 25.01, Letters No. 5, and No. 6.

New Section- Probationary Period

New employees shall be considered probationary employees for the first ninety (90) calendar days of their employment. Upon the successful completion of the probationary peliod, an employee's length of service shall be dated from their original hiring date.

At the end of each month of the probationary period, or more often if required, an employee's progress will be reviewed and discussed with his/her department head!. A copy of such review shall be supplied to the Union, with the consent of the individual concerned. Termination of employment during, or at the end of the probationary period, shall not be subject to the grievance procedures of this agreement.

Section 7- Hours of Work

Employees whose major portion of a shift falls between 6 p. rn. and 6 a.m. will be paid a shift differential of$8.00 per shift.

Section 12 - Overtime

Overtime shall be defined as work authorized by the Company, and required in ex:cess of the work day or work week specified in Section 5.01 and 6.01 and shall be compensated for at one and one-half times the normal rate as provided in the collective agreement.

The Union agrees that employees will work reasonable amounts of overtime, when required. The foreman shall advise the Chapel Chairman of overtime required by the Company; the Chapel Chairman will try to distribute the overtime in a fair and equitable manner. Every effort will be made so that an employee will not be required to work more than three hours of overtime at the end of his/her regular shift.

Section 14- Holidays

a) The Company observes the following holidays: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Hol)day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day or days celebrated as such.

b) An employee not required to work on any one of the above holidays shall be paid for the day subject to:

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c) If an employee is away the day before or the day after a statutory holiday, he/she shall be paid for the holiday when the Company is satisfied with the reason for absence or when a doctor's certificate is produced on his/her return to work.

d) An employee required to work on the holiday shall receive not less than time and one-half for the hours worked which shall be in addition to holiday pay, to be paid in cash or its equivalent off work (time and one-half) at the option of the Company. Such time off shall be granted a_~ soon as possible after it is earned but in no case later than sixty (60) days after it is earned.

~tion 16- Vacations

a) Employees who have completed the following specified periods of service: as of March 31 each year shall receive an annual vacation with pay for that year on the following basis, and calculated on the straight time rate of pay.

Employees who have worked for the employer for one year or more. but less than three consecutive years, shall be entitled to two weeks vacation with pay or 4% of total earnings, whichever is greater.

Employees who have worked for the employer for three consecutive year$ or more shall be entitled to three weeks vacation with pay or 6% of total earnings, whichever i!~ greater.

Employees who have worked for the employer for nine consecutive years or monc shall be entitled to four weeks vacation with pay or 8% of total earnings, whichever is greater.

Employees who have worked for the employer for eighteen consecutive years or more shall be entitled to five weeks vacation with pay or 10% of total earnings, whichever is greater.

Employees who have worked for the employer for twenty-seven consecutive years or more shall be entitled to six weeks vacation with pay or !2% of total earnings, whichever is greater.

b) The vacation schedule shall be arranged by the Company with due consideration for workloads and convenience of the employees and posted by March 31 in each year. It is the clear intent ofthis section that the right of the Company to decide the number of employees on vacation at any time is confirmed,

c) Employees shall be granted at least two weeks' consecutive vacation during the preferred period (May l to September 30). Employees may take three weeks' consecutive vacation during the preferred period; and up to four weeks' consecutive vacation outside the preferred period; providing staff and production requirements can be met, Permission for four consecutive weeks of vacation shall not be unreasonably withheld.

d) Employees shall provide the Company with preferred vacation dates by March 15 in each year and in the event of a conflict over vacation dates, seniority will govern.

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Failure of an employee to designate a preferred vacation may cause the employee to lose a preference to which seniority might otherwise have entitled an employee.

e) An employee whose employment is terminated for any reason shall recciv~: prorata. vacation pay for the period to which the employee is entitled.

f) If any holiday(s) designated under this agreement are observed during a.n employee's vacation period, such an employee shall be granted another day(s) off. In accordance with past practice, the Company will endeavour to schedule such day( s) and an employee's weekly day off immediately to precede or follow his/her vacation.

Section 21.01

The Union agrees that during the term of this agreement, there shall be no strike, slowdown or stoppage of work or interference with production. The Company agrees that there shall be no lockout of employees during the term of this agreement.

Section 24- Grievance and Arbitration Procedure

Grievance Procedure

A complaint by an employee or the union shall be presented in writing to his/her immediate supervisor or the publisher within twenty-one (21) days of the event giving rise to the complaint.

The immediate supervisor or the publisher shall provide a written reply to the complaint within five days of receiving the complaint. Such complaint must be submitted on a grievance form approved by the parties.

Should the matter fail to be resolved in Step 1, then the complaint shall be presemted to the Grievance Committee within five (5) days of the decision being rendered by the publisher and/or supervisor. The Grievance C01mnittee shall be maintained to consist of one (1) representative of the Company and one (1) representative of the Union, and in the case of vacancy or prolonged absence, another shall be immediately appointed in his/her place. Such Grievance Committee shall meet within five (5) days of any matters being referred. to it and shall render a written decision within ten (10) days of the meeting.

Should the matter fail to be resolved at tha.t stage then either party may refer the matter to arbitration.

Arbitration Procedure

A grievance which is not settled at the last step of the grievance procedure may be referred by either party to a sole arbitrator for final and binding settlement without stoppage of work. The party requesting arbitration must notify the other party in writing

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of their choice of an arbitrator within ten (10) days ofthe decision rendered at the last stage of the grievance procedure. Should the parties fail to agree on an arbitrator within thirty (30) days, then the :Ministry of Labour of the Province of Ontario shall be requested to appoint one. By mutual consent of the parties the matter may be referred to a Board of Arbitration.

Time Limits

The time limits as provided in this article may be extended by mutual agreement b,etween the parties.

Management grievances may be submitted commencing at Step 2 of the grievance procedure.

Part-time Adma.kers

In the event a part-time adma.ker(s) is hired, the parties will meet to discuss which provisions of the collective agreement applicable to full-time admaker(s) apply to the part-time admaker(s).

Part-time admakers shall not be employed to make up retail display ads where suah employment would displace a full-time adbuilder or admaker making up retail display ads.

RJ.:'.HE UNION FOR THE COMPANY

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To whom it may concern,

This letter confinns a verbal agreement, in existence since 1991, between The Sud.bury Star and Sudbury Typographical Union, Local 846 CW A.

In this agreement the employees have voluntarily agreed to reduce their hourly pay by $0.16 per hour, or $1.25 per shift, and ha.ve the aforementioned amount contributed to the CW AIITU Negotiated Pension Plan (Canada) on their behalf, by The Sudbury Star. The Sudbury Typographical Union confinns that employees receive credit for these additional monies from the CWA/ITU Negotiated Pension Plan (Canada) and acknowledges that The Sudbury Star has relied on that confirmation.

The Sudbury Typographical Union agrees that The Sudbury Star contributions to the CW NITU Pension Plan are limited to those payments caUed for in the current collective agreement.

Signed for the Company:

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