COLLECTIVE AGREEMENT

BETWEEN

Communications Workers of America, Local 30248

also known as the Peterborough Typographical Union No.248

‑AND‑

The  Peterborough Examiner

[Full-Time Employees]

Expires: August 15, 2010

TABLE OF CONTENTS

SECTION                                                                                      PAGE

TABLE OF CONTENTS                                                                  2 & 3

1  RECOGNITION                                                                                    4

2  MANAGEMENT'S RIGHTS                                                     4

3  PAST PRACTICES                                                                   4

4  SCOPE OF AGREEMENT                                                     4

5  MEMBERSHIP                                                                                      5

6  NO DISCRIMINATION                                                                   5

7  SANITARY REGULATIONS                                                           5

8  HEALTH AND SAFETY                                                                            5

9  LABOUR MANAGEMENT CONSULTATION                                 5

10  STRIKES AND LOCKOUTS                                                       5

11  GRIEVANCE AND ARBITRATION                                                6

12  DUES CHECK‑OFF                                                                6

13  INFORMATION                                                                                7

14  UNION STEWARDS                                                                              7

15  BULLETIN BOARDS                                                                        7

16  PROBATIONARY PERIOD                                                     7

17  HOURS OF WORK                                                                    8

18  FULL SHIFT                                                                             8

19 / 19A  SHIFT DIFFERENTIALS                                                     8                     

20  TURNAROUND TIME                                                                        9

21  LUNCH PERIOD                                                                                      9

22  OVERTIME                                                                                9

23  PROMOTIONS AND TRANSFERS                                          9

24  COVERING HIGHER CLASSIFICATIONS                                      10

25  VACATIONS                                                                           10

26  HOLIDAYS                                                                              11

27  BEREAVEMENT LEAVE                                                        11

28  MATERNITY LEAVE                                                                          12

29  LEAVES OF ABSENCE                                                                          12

30  EXPENSES                                                                               12

31  AUTOMOBILE ALLOWANCE                                                            13

32  OUTSIDE ACTIVITY                                                                    13

33  PHOTOGRAPHIC EQUIPMENT                                        13

34  BYLINES                                                                                        13

35  LIBEL COVERAGE                                                                 13

36 FORMER COMPOSING EMPLOYEES

AND TYPESETTER/ADMAKER                                                      14

37  REDUCTION IN STAFF                                                                     14

38  SEVERANCE PAY                                                                  15

39  PART‑TIME EMPLOYEES                                                   15

40  FORMAL DISCIPLINE                                                                 15

41  DISCHARGE                                                                            16

42  NO REDUCTION                                                                            16

43  PENSION            PLAN                                                                            16

44  SALARIES AND RATINGS                                                         16

COMMISSION PLAN                                                                     18

SIDE LETTERS ‑ SICK LEAVE/WELFARE BENEFITS                    19

SIDE LETTERS - JURY DUTY, BOXING DAY,

WORKERS COMPENSATION, EARLY LEAVING                        20

LETTER OF UNDERSTANDING -

OVERTIME, TRAINING, CELL PHONES                                             20

SCHEDULE A                                                                                   21,22,23

This Agreement, made and entered into this 8th day of November 2007, by and between the Peterborough Examiner, through its authorized representatives (hereinafter sometimes referred to as the "Employer") and the Communications Workers of America, Local 30248, also known as the Peterborough Typographical Union No. 248, by its officer or by a committee duly authorized to act on its behalf (hereinafter sometimes referred to as the "Union"), and shall be effective beginning November 8, 2007 and ending August 15, 2010.

Within the period of 90 days before this agreement ceases to operate, either party may give notice in writing to the other party of its desire to commence bargaining.

During negotiations for a new agreement to replace this Agreement, the terms and conditions of this Agreement shall remain in full force and effect.

SECTION 1 ‑ RECOGNITION

The Employer recognizes the Communications Workers of America, Local 30248, also known as the Peterborough Typographical Union, No. 248 as the sole collective bargaining agent for the employees covered by this Agreement and hereby consents and agrees to negotiate with the Communications Workers of America, Local 30248, also known as the Peterborough Typographical Union, No. 248 in all matters relating to conditions of employment.

SECTION 2 ‑ MANAGEMENT'S RIGHTS

Except where it is specifically abrogated by a provision of this collective agreement the Employer reserves and retains, solely and exclusively, all of its normal, inherent and common law rights to manage the business, whether exercised or not, as such rights existed prior to the time the Union became the bargaining representative of the employees.

SECTION 3 ‑ PAST PRACTICES

This collective agreement is the sole instrument governing the relationship between the parties. All past practices not included in the letter of attachment, either verbal, written or implied are deemed to have ceased. The employer will supply a side letter to the union agreeing to maintain in no less beneficial form the present practices regarding sick leave, welfare, jury duty, Boxing Day and Worker's Compensation, early leaving and to outline the details of each.

SECTION 4 ‑ SCOPE OF AGREEMENT

All employees of the Advertising, Business, Circulation, and Editorial departments save and except the Publisher, Advertising Director, Advertising Manager, Classified Manager, Business Office Manager, Circulation Manager, Assistant Circulation Manager, Confidential Secretary to the Publisher, Secretary to the Advertising Manager, Payroll Clerk, the Managing Editor, City Editor, News/Wire Editor, Editorial Page Editor, Sports Editor, District Editor, Copy and Features Editor, Sunday Editor, Secretary to the Managing Editor, Family Editor, persons regularly employed for not more than twenty‑four hours per week and students employed during the school vacation period.

SECTION 5 ‑ MEMBERSHIP

It shall be a condition of employment that all employees who are members of the Union on the date of signing of this agreement shall remain members for the life of this agreement. All new employees entering the bargaining unit shall, as a condition of employment, become members of the Union at the end of their probationary period.

SECTION 6 ‑ NO DISCRIMINATION

The parties agree that there will be no discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age (subject to the established maximum and minimum age in accordance with applicable laws), record of offenses, marital status, handicap, Union activity or lack of Union activity.

SECTION 7 ‑ SANITARY REGULATIONS

The Employer agrees to furnish a clean, healthful, sufficiently ventilated, properly heated and lighted place for the performance of all in‑plant work.

SECTION 8 ‑ HEALTH AND SAFETY

(a) In accordance with the Ontario Occupational Health and Safety Act, 1978, a health and safety committee will be established and maintained.

(b) A pregnant employee who normally works on VDTs may request to be reassigned to work that does not involve the use of VDTs. Where such work is available within her department, permission to be reassigned shall not be unreasonably withheld. Such reassignment shall be at the rate of work being performed.

SECTION 9 ‑ LABOUR MANAGEMENT CONSULTATION

A Labour Management committee shall be established consisting of three representatives of the Union and three representatives of management. On the request of either party the parties shall meet at least once every two months until this agreement is terminated for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this agreement. Employees shall not suffer any loss of pay for time with this committee.

SECTION 10 ‑ STRIKES AND LOCKOUTS

The Union agrees that during the term of this Agreement, there will be no strikes. The Employer agrees that there will be no lockout of employees during the term of this Agreement.

SECTION 11 ‑ GRIEVANCE AND ARBITRATION

(a) The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.

(b) No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten full working days before the filing of the grievance.

(c) The aggrieved employee shall present his grievance to his immediate supervisor who shall have five (5) working days to adjust any complaint which has arisen. If, within that time no agreement is reached, the matter may be submitted to the Joint Standing Committee within five days of the decision of the supervisor, in accordance with the provisions of this section.

(d) Any grievance must be presented to the Joint Standing Committee in writing, briefly setting forth grounds for the complaint and the action sought.

(e) A Joint Standing Committee shall be maintained, to consist of two representatives of the Employer and two representatives of the Union and in case of vacancy, or prolonged absence, another shall immediately be appointed in his/her place. To this committee shall be referred by either party all questions which may arise as to the construction to be placed upon any clause of this agreement or alleged violations thereof, which cannot be settled otherwise. Pending a decision by the Joint Standing Committee, the directions and orders of the Employer shall be maintained, carried out and given full effect until such dispute has been finally disposed of as provided herein, so long as such directions or orders do not change conditions expressly established by this agreement. Such Joint Standing Committee shall meet within five days after any questions or differences shall have been referred to it, and shall render a decision within ten days after the first meeting and any such decision agreed to by the two representatives of the Union and the two representatives of the Employer shall be binding upon both parties.

(f) If the Joint Standing Committee cannot reach an agreement on the question or difference referred to them, either party may refer the matter to an Arbitration Board of three (3) members or to expedited arbitration under Section 46 of the Ontario Labour Relations Act. Any matter not referred to arbitration within twenty-five (25) days of the decision of the Joint Standing Committee shall not be arbitrable.

(g) An arbitrator shall not have the power to alter or change any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor give any decision inconsistent with the terms and provisions of this agreement.

SECTION 12 ‑ DUES CHECK‑OFF

The Employer agrees to collect recognized dues and assessments on a weekly basis and to forward to the Union a total cheque covering such dues by the 10th day of the following month.

Such membership dues shall be deducted from the employee's earnings in accordance with the Union's schedule of dues furnished to the Employer by the Union. Such schedule may be amended by the Union to take effect in the month following the month in which notice is given.

SECTION 13 ‑ INFORMATION

On January 1st of each year of this Agreement, the Employer shall forward the Union a complete list of employees covered by the terms of this Agreement containing name, address, hiring date, date of birth, classification, experience, anniversary date and salary.

Upon completion of their probationary period the Employer will supply the information for new employees.

SECTION 14 ‑ UNION STEWARDS

Stewards will be recognized by the Employer as the Union representatives. The Union will advise the Publisher, in writing, of their names. The Union will also advise the Publisher of any subsequent changes within a reasonable time.

Steward(s) may leave their work duties without loss of basic pay to attend to union business, subject to the following conditions:

(a) The time shall be devoted to the prompt handling or processing of grievances.

(b) Permission must be obtained from their immediate supervisor before leaving their work duties.

(c) The Employer reserves the right to limit such time, if it deems the time so taken to be excessive.

SECTION 15 ‑ BULLETIN BOARDS

The Employer agrees to supply a bulletin board in each department for the purpose of posting official union notices and job vacancies. Postings other than the above must first be approved by the Publisher.

SECTION 16 ‑ PROBATIONARY PERIOD

New employees shall be considered probationary employees during the first three months of employment. Such probationary period may be extended on agreement reached with the Union. The Company has the rights to discharge probationary employees if in the opinion of the Company they do not meet the standards required of them by the Company. 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 from date of employment.

SECTION 17 ‑ HOURS OF WORK

The standard work schedule shall consist of ten days of seven and one‑half hours each spread over a two calendar week period. The hours posted by the Employer for efficient and scheduled production shall prevail.

Work schedules shall be arranged and posted by the Employer two weeks in advance. Such schedules may be changed at any time by the Employer to meet the requirements of the operation. Prior notice of such changes will be given 48 hours in advance, when possible. The Employer shall consider the needs of the employee and the operational requirements of the business when having to make shift changes in the newsroom.

An employee who works on his scheduled day off, at the request of the Employer, shall be paid at the rate of time and one‑half (1.5x) for all hours worked or, shall be granted compensating time off equivalent to time and one‑half of the hours worked, at a time mutually satisfactory to the employee and the Employer. The decision to pay or grant compensating time off rests with the Employer.

Maximum Hours:  Employees may work up to a maximum of no more than ten hours in any one day.

Notwithstanding the above, under special circumstances employees may work up to a maximum of no more than twelve (12) hours in any one day. Prior approval from the Union will be obtained where practical.

SECTION 18 ‑ FULL SHIFT

No employee shall be paid for less than a full shift when beginning work at his or her scheduled reporting time except when discharged for cause or excused at the employee's own request.

SECTION 19 ‑ SPLIT SHIFT DIFFERENTIAL ‑ EDITORIAL DEPARTMENT

Any employee in the Editorial Department required to work a split shift with three or more hours between finishing work and beginning work again the same day will be paid his regular salary plus $7.75 for the full shift. Effective August 16, 2009 this will increase to $8.00 for the full shift.

Except for Sports Reporters the number of split shifts per two month period for each Editorial Department employee shall be limited to sixteen. The present practice regarding turnaround time for the Sports Reporters shall remain in force.

SECTION 19 A - NIGHT SHIFT DIFFERENTIAL

Effective upon ratification, a night shift premium of $0.60 (sixty cents) per hour will be paid for all hours worked between 9:00 p.m. and 6:00 a.m.

Effective August 16, 2008, the night shift premium will increase to $0.70 per hour.

Effective August 16, 2009, the night shift premium will increase to $0.75 per hour.

SECTION 20 ‑ TURNAROUND TIME ‑ EDITORIAL DEPARTMENT

Where less than ten (10) hours have elapsed between scheduled shifts, overtime will be handled in accordance with section 22 (b) for all hours worked within the ten‑hour turnaround period. This does not apply to the Sports Department.

SECTION 21 ‑ LUNCH PERIOD

A lunch period of a least thirty minutes and not more than one hour shall be allowed for each shift, such time not to be included in the number of hours of the shift being worked.

All employees shall be allowed a fifteen minute break in the first half of the shift and a fifteen minute break during the second half of the shift.

SECTION 22 ‑ OVERTIME

(a) Overtime shall be defined as all work authorized in excess of the standard work day where claimed within 48 hours of being worked.

(b) When an employee is required to work overtime, he/she shall be granted compensating time off equivalent to time and one half of the time worked, at a time mutually satisfactory to the employer and employee. At the employee's option, compensating time off may be accumulated to a maximum of three days. If such compensating time off cannot be assigned within two months, time and one half in cash will be paid for each hour worked.

(c) Overtime will be worked when required.

(d) Display advertising sales persons shall be exempt from the overtime provisions of this collective agreement.

(e) Except where Sunday is part of a regularly scheduled work week the overtime provisions of this Collective Agreement will apply for all hours worked.

SECTION 23 ‑ PROMOTIONS AND TRANSFERS

(a) Refusal of an employee to accept a transfer to another department or a promotion to a higher classification will not constitute reason for discharge.

(b) If an employee accepts a promotion to a higher classification he/she shall be permitted to return to his/her original position if he/she so decides within a two‑month period. The Employer shall have the right to return the employee to his/her former position within a two‑month period if he/she is not qualified for the higher position.

(c) If a vacancy occurs and it is the intent to fill such vacancy, the Employer shall notify the Union. It is understood that present employees will be considered first for any promotions.

(d) The Employer shall endeavor to notify employees of all shift or beat changes, transfers and other changes in job situations at least one week in advance or earlier. This shall not apply in emergencies, or circumstances beyond the control of the Employer.

SECTION 24 ‑ COVERING HIGHER CLASSIFICATION

When an employee is assigned as a full‑time fill‑in in the same higher classification for more than five (5) days in a calendar year, the employee shall receive at least the minimum next higher in that higher classification than the salary being received in the lower classification. An employee assigned as a fill‑in to a lower classification of work shall not have his salary reduced during the assignment to the lower classification. When an assignment as a full‑time fill‑in in an excluded position exceeds two (2) days, the employee will be paid an additional $7.50 per day.

SECTION 25 ‑ VACATIONS

(a) Following 6 months of employment an employee may elect to take one week's vacation rather than accruing it. Such week's vacation would be deducted from the vacation earned during the first calendar year (January 1 ‑ December 31) and prior employment.

(b) Employees who have been employed for a period of one year shall be entitled to 10 days vacation with pay.

(c) Employees with less than one year's service shall receive vacation pay of one day for each 26 days worked. January 1st each year shall be the cut‑off date.

(d) Employees who have been employed for a period of four (4) consecutive years shall be entitled to 15 days of vacation with pay.

(e) Employees who have been employed for a period of nine (9) consecutive years shall be entitled to 20 days of vacation with pay.

(f) Employees who have been employed for a period of eighteen (18) consecutive years shall be entitled to 25 days of vacation with pay.

(g) Employees may select their vacation schedule according to seniority providing such vacation does not interfere with the efficient operation of the department as determined by the Employer.

(h) Vacations of more than 2 weeks need not be arranged concurrent.

(i) As used above "who have been employed" shall mean no less than 250 days of work during the calendar year. Should an employee work less than 250 days during the calendar year for any reason, their vacation shall be pro‑rated. For the purpose of this section days lost by reason of vacation, holidays, Company paid sick leave or bereavement leave shall count as days worked.

(j) There shall be no accrual of vacation time from one year to the next.

(k) Notwithstanding sections 25 (d), (e) and (f) but otherwise subject to section 25, employees who will be eligible for 15, 20 or 25 days of vacation in a calendar year will be eligible for the full vacation entitlement at the commencement of the calendar year during which they would meet the relevant service requirement.

However, if the employee's employment terminates for any reason and the employee has taken more vacation than has been earned according to section 25, not including 25 (k), the employer will be reimbursed by the employee for the overpayment by deduction from any monies owed to the employee or by direct payment from the employee at the employer's option.

SECTION 26 ‑ HOLIDAYS

(a) The recognized holidays are:

New Year's Day              Civic Holiday

Good Friday                               Labour Day

Victoria Day                                Thanksgiving Day

Canada Day                                Christmas Day

Boxing Day

or days celebrated as such.

(b) If an employee is away the day before or the day after a holiday he/she shall be paid for the holiday only when he/she has satisfied the Employer of the reason for his/her absence or when a Doctor's certificate is requested on his/her return to work. All employees scheduled to work on the above named holidays shall receive their regular salary when not required to report. If required to report, the overtime provisions of this collective Agreement will apply for all hours worked.

(c) When a holiday falls on an employee's scheduled day off or during a paid vacation the employee shall be given another day off within 21 calendar days before or after the holiday. The Employer will endeavor to arrange the days off to the satisfaction of the employee.

SECTION 27 ‑ BEREAVEMENT LEAVE

(a) For the purpose of attending the funeral all employees having a death in the immediate family will be compensated by the Employer up to a maximum of three days or nights absence with pay including the day of the funeral if such days fall within said employee's scheduled work week. Employees shall not be paid for scheduled days off or during a paid vacation.

(b) The immediate family will consist of the employee's spouse; children; step‑children; father and mother; father‑in‑law; mother‑in‑law; sister and brother and grandparents. For the purpose of attending the funeral, one day shall be granted for brothers‑in‑law, sisters‑in‑law and grandchildren.

SECTION 28 ‑ MATERNITY LEAVE

Maternity and parental leave will be provided in accordance with the Employment Standards Act.

SECTION 29 ‑ LEAVES OF ABSENCE

(a) Leaves of absence without pay may be granted by the Employer for good and sufficient cause.

(b) All conditions of the leave and return to work must be in writing and agreed to by the leave taker and the Employer before the leave is effected. Failure to return to work from a leave of absence upon its expiry shall be considered a voluntary resignation, unless the date has been extended by mutual agreement.

(c) A leave of absence without pay shall be granted to an employee elected or appointed as a delegate to conventions of The Newspaper Guild or any organization with which The Newspaper Guild is affiliated, provided that such leave is of a duration of one week or less and, in the opinion of the Employer, does not interfere with the operational needs of the business.

(d) A leave of absence without pay shall be granted to an employee elected or appointed to a position in The Newspaper Guild or any other organization with which The Newspaper Guild is affiliated. The requested leave shall only be granted if at least thirty (30) days prior notice is given to the Employer. It is understood that seniority shall not accrue during such leave, and that failure to return to work from a leave of absence upon its expiry shall be considered a voluntary resignation, unless the date has been extended by mutual agreement.

(e) Although a leave of absence will not break seniority standing (an employee's continuous employment) there shall be no accrual of vacation credits during the leave or any obligation on the part of the Employer to maintain or incur any costs on behalf of the leave taker.

SECTION 30 ‑ EXPENSES

The Employer shall pay all authorized expenses incurred by an employee in the service of the Employer, upon submission of expense reports, vouchers and bills in the prescribed form.

SECTION 31 ‑ AUTOMOBILE ALLOWANCE

Where employees are required to use their own automobiles in the service of the Employer, they shall be compensated at the rate of $0.36 cents per kilometre effective on ratification.

Thereafter, for every full $0.04 increase or decrease in the price of unleaded gasoline beyond $0.99 per litre, the rate paid by the employer will increase or decrease by one (1) cent per kilometre. To establish an average price of unleaded gasoline a poll will be conducted on the first business day of the month of three gas stations (Canadian Tire on Lansdowne Street, Shell at 1482 Lansdowne Street West, Petro Canada at 607 Lansdowne Street West) and any necessary adjustments will then be made to the rate for that month. In the application of the above, it is understood that the rate will not be less than 36 cents per kilometre.

SECTION 32 ‑ OUTSIDE ACTIVITY

Employees shall be free to engage in all activity outside of working hours, provided such activity does not consist of services performed in direct competition, create a conflict of interest in regard to an employee's duties or exploit the employee's position in the newspaper.

SECTION 33 ‑ PHOTOGRAPHIC EQUIPMENT ‑EDITORIAL DEPARTMENT

(a) Ownership of photographic equipment shall not be a condition of employment. No employee will be required to use personal photographic equipment on company business. No employee shall use any company equipment or material for any purpose other than company business, nor shall the product of his work assignments be made available to any individual, group or firm without the consent of the Employer.

(b) Where a photographer is authorized to use his/her personal photographic equipment, the employer will continue the past practice of paying 50 per cent of repair costs. In addition, employer will pay 80 per cent of the cost of insurance.

SECTION 34 ‑ BYLINES ‑ EDITORIAL DEPARTMENT

An employee's byline or credit line shall not be used over his or her protest. Whenever substantive changes are made in a reporter's story, an effort will be made to discuss the changes before publication of the story, failing which the byline shall not be used.

SECTION 35 ‑ LIBEL COVERAGE

Unless otherwise ordered by a court, the Employer shall pay all legal (Employer approved counsel) and court costs, of any action initiated against an employee by virtue of their good faith performance of employment duties when authorized and approved by the Employer. No employee shall lose salary or benefits for absences due to the libel action during the legal proceedings.

An employee, upon the request of the Employer, shall be required to give up custody of and disclose to the Employer all knowledge, information, notes, records, documents, films, photographs or tapes relating to the legal action, such material being the property of the Employer. Except in the case of a court order, the Employer agrees not to release same to any other person without the consent of the employee involved.

SECTION 36  ‑ FORMER COMPOSING ROOM EMPLOYEES AND TYPESETTER/ADMAKER

(a) T. Keating will be placed in the Typesetter/Admaker classification unless the Employer offers and he accepts exclusion from the bargaining unit in a managerial or confidential capacity position. If Keating accepts and the Union believes he does not exercise managerial functions or is not employed in a confidential capacity in matters relating to labour relations within the meaning of the Labour Relations Act, the dispute will be referred to the Ontario Labour Relations Board for determination. He will be included in the bargaining unit if the Board rules that he is an employee and excluded from the unit if the Board rules otherwise.

(b) If current advertising employees outside of the Typesetter/Admaker classification keyboard local retail advertising which results in a surplus in the Typesetter/Admaker classification, the junior Typesetter/Admaker will be laid off provided the remaining employees are competent to perform the work to be done.

(c) If new employees are hired outside of the Typesetter/Admaker classification and they input retail advertising, classified advertising or operate or maintain the phototypesetting equipment (image setters) and this is the main reason for a surplus in the Typesetter/Admaker classification, the following employees in the Typesetter/Admaker classification will not be laid off: employees who as at April 14, 1994 were in the bargaining unit of the prior (last) Composing Room collective agreement and Diane Livingstone, Cindy Ward and Vicky Jacobs.

(d) All Typesetter/Admaker employees may be assigned other work for which they are reasonably suited.

(e) Employees in the Typesetter/Admaker classification who are required to perform duties they have not previously done will be given a reasonable amount of training in those duties.

SECTION 37 ‑ REDUCTION IN STAFF

(a) When it becomes necessary to reduce the force it shall be determined by the Employer in what classification within the unit the reduction is required. The employee with the lowest seniority standing within that classification shall be laid off first, providing those remaining are competent to perform the work required.

(b) Should there be an increase in the force, the person laid off shall, if available, be reinstated in reverse order in which he or she was laid off, provided such recall occurs within six (6) months of the layoff. Such recall notice shall be by registered letter to the last known address of the person filed with the Employer. A copy of all recall notices shall be sent to the Union. The person recalled must, on receipt of the recall notice, notify the Employer of his intention to return to work and must return to work within ten (10) working days of the mailing of  the recall or make alternative arrangements satisfactory to the Employer. An employee who refuses recall to an equal or higher position than the position from which he was laid off shall lose all seniority.

SECTION 38 ‑ SEVERANCE PAY

(a) In the event of consolidation or suspension of operations, all employees affected shall receive two weeks' pay. Employees who have been employed for four years shall receive four weeks pay; employees with six or more years of service shall receive six weeks pay.

(b) Employees discharged to reduce the force shall receive one week's regular pay for each six months continuous service with the Employer up to a maximum of six week's pay.

(c) In accordance with the Employment Standards Act of Ontario, employees with more than five years continuous service discharged to reduce the force shall receive one weeks regular pay for each complete year (partial year calculated on a pro‑rated basis) of continuous service to a maximum of 26 weeks' pay.

(d) In the application of the above in addition to the contractual benefits contained therein, a terminated  employee shall receive pay in lieu of notice in accord with the provisions of the Employment Standards Act of Ontario.

(e) For the purpose of severance pay provisions it is recognized by the parties to this agreement that the payroll of the Employer exceeds $2.5 million per year.

SECTION 39 ‑ PART‑TIME EMPLOYEES

Part‑time employees shall not be hired if such hiring eliminates a full‑time employee then on staff. This does not preclude the reduction of a full‑time position to part‑time; in such an event, the employee concerned will be offered the part‑time position.

SECTION 40 ‑ FORMAL DISCIPLINE

If an employee is to be formally disciplined, he will be notified in advance and he may request that a union representative be present. The absence of a union representative, if reasonable attempts have been made to ensure the attendance of a union representative, does not nullify discipline or any action taken at the meeting. It is understood, however, that a union representative shall be present when an employee is discharged.

SECTION 41 ‑ DISCHARGE

(a) No employee shall be discharged or disciplined except for just and sufficient cause.

(b) An employee shall receive reasons for discharge or discipline in writing within 48 hours.

(c) A discharged or disciplined employee who believes the discharge or discipline unjust shall have the right to the Grievance Procedure in this Agreement.

(d) A Union representative shall be present when an employee is discharged.

SECTION 42 ‑ NO REDUCTION

There shall be no reduction of any employee's salary as a result of putting this agreement into effect.

SECTION 43 ‑ PENSION PLAN

The Company Pension Plan will be available for employees in the bargaining unit.

The Employer agrees to contribute to the ITU Negotiated Pension Plan (Canada) $7.20 per shift effective on ratification, $7.40 per shift effective August 16, 2008, and $7.60 per shift effective August 16, 2009, for each employee of the former composing room enrolled in the plan. Contributions shall be made as per the past practice of the old composing room Collective Agreement.

SECTION 44 ‑ SCHEDULE A SALARIES AND RATINGS

(a) The weekly minimum salaries shall be as set forth in Schedule A attached hereto.

(b) In the application of the foregoing schedule the Employer shall establish an employee's rating at the date of hire.

Credit will be given for experience in related work previous to being employed by the Peterborough Examiner and for relevant post‑secondary education.

(c) The Employer will give credit for work performed for the Employer as students, part‑time employees or summer help.

(d) Nothing contained herein shall prohibit the Employer from granting, or an employee from receiving merit wages in excess of the amounts set forth in this section, provided, that the Employer shall not be required to continue such merit wages when, in the Employer's opinion, they are no longer justified

(e) On the basis of the rates of compensation established in this contract, the Employer has the full right to use and/or re‑use, in any manner, form or medium that the Employer chooses, all materials produced by the employees for The Peterborough Examiner.

Signed this ______________day of_____________________2007

For the Union                                     For the Employer

_______________                                          _______________

 THE EXAMINER ADVERTISING SALES COMMISSION PLAN

Addendum to Schedule A

1. Effective January 1, 2002, each advertising sales representative will have the option of choosing the 100% commission plan, or the 80% base plus commission plan.

Budgets will be established annually (in consultation with the affected sales representatives) and broken down on a month to month basis. When accounts are removed from, or added to a sales representative, his/her budget shall be adjusted according to the amount of revenue added or removed.

The Employer shall outline both plans by December 15^th of each year; the employee shall elect which plan he/she is choosing by December 31^st of each year.

The Employer agrees to meet with the union prior to presenting the sales commission plans to the advertising sales representatives for the purpose of discussing the details of the plans. The Employer will, by January 15^th of each year, notify the union of the election of each sales representative.

It is understood that while the Employer will review the commission plans annually (excluding the 80% base and the formula outlined in point 2 below), any changes will first be outlined to the sales representatives and will not be made in a discriminatory manner or in bad faith.

The union shall be notified of the commission plan chosen by new sales people.

It is understood that both plans include the Employer’s total liability pertaining to earnings covering vacation pay, statutory holiday pay, and sick leave pay.

2. 80% Base Plus Commission Plan

a)      Applicable weekly wage grid amount, multiplied by 52, divided by 12, multiplied by 80%, equals the monthly base amount.

b)     The difference between 100% monthly wage grid amount and the amount in (a) above divided by 20 equals the dollar amount for each percentage point earned between 80% and 100% of budget.

c)      A bonus of 50% of the amount in (b) above will be paid for each percentage point above budget.

       3. The sales representative handling real estate accounts will have the option of being on the        wage grid or the 80% base plus commission plan.

SIDE LETTERS

Sick Leave

All employees who have completed the three month probation period are entitled to sick leave benefits. Beginning with the fourth month, one day per month will be accumulated to a maximum of 53 days. The Company will pay full salary during illness for as many days as are accumulated. Thereafter, the employee will receive 66 2/3% of salary up to a maximum of 15 weeks per sickness which period includes the accumulated sick days.

A doctor’s certificate is required if an employee is sick for three or more consecutive days to ensure no salary loss.

Group Welfare Benefits:

October 2007 Employee Costs

Monthly

                                                                    Family                      Single

Semi‑Private & Major Medical                      $14.26                           $6.37

Basic Dental                                                              $14.20                                 $4.92

Group Life                                                        $0.06/$1000

LTD (60% salary benefit)                           50‑50 cost sharing

Costs reflect a 75% employer / 25% employee cost sharing on premiums, except for LTD which is on a 50%/50% cost sharing basis.

Re: Group Life: 1.25 times annual earnings to a maximum of $40,000. For those previously on the Metropolitan plan, the "step‑down" provisions of that plan will be honored; i.e. at 65th birthday, life insurance will be reduced by 10%. Further reductions of the same dollar amounts will be made on each of the next four anniversaries of the first reduction. Supplementary coverage for death of spouse and children no longer applies.

Re: Major Medical: as described in brochure.

Re: Basic Dental: as described in brochure.

Note: Group Life Insurance is a prerequisite to obtaining Semi‑private and/or Basic Dental.

Effective upon ratification, a vision care plan will be implemented for regular full-time employees covered by this collective agreement providing a benefit of $175.00 every 24 months per family, upon submission of approved receipts. Effective August 16, 2009, this will increase to $190.00 every 24 months per family.

Jury Duty:

Employees called for jury duty will be paid their regular pay for the time absent. Jury Duty payments will be endorsed over to the Company.

Boxing Day:

As Boxing day is a normal publishing day, staffing will be required in all departments.

Workers' Compensation:

If an accident comes under the WSIB, the Company agrees to make up the difference between WSIB payment and 90% of regular salary for a period of thirteen weeks. This in no way affects days of accumulated sick leave.

Early Leaving:

The present understanding regarding early leaving which has been in effect for Christmas Eve and New Year's Eve will be maintained.

LETTER OF UNDERSTANDING ‑ OVERTIME

It is understood that overtime will be worked when required

The parties agree that a co‑operative approach to the assignment of overtime work will take into account the personal needs of the employee and the business needs of the Employer in a balanced fashion.

LETTER OF UNDERSTANDING - TRAINING

The Company and the Union mutually recognize the importance of training to improve efficiency, productivity, and employee job satisfaction. When an employee is required by the Company to take training, the employee shall be reimbursed for approved expenses as per current practice. Employees may make requests directly to their supervisor for training. Approval of such training shall be at the sole discretion of the Company.

LETTER OF UNDERSTANDING - CELL PHONES

Employees are not required to carry cell phones unless they are provided by the Employer. Effective upon ratification, the Employer will provide a cell phone for use by the photographer and a cell phone for use in the newsroom, for work related purposes.

Notwithstanding the above, the Employer will reimburse an employee in the newsroom for management initiated phone calls during scheduled working hours (including overtime), in accordance with Section 30 of the collective agreement.

The Employer will reimburse retail advertising sales representatives in accordance with Section 30 of the collective agreement, up to a maximum of fifteen ($15) dollars per month.

_______________                  _______________

For the Union             For the Employer

Dated ___________________