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PREAMBLE
This
Agreement, made and entered into this 13th day of April, 2006,
between Lindsay Daily Post (hereinafter referred to as the
"Employer"), through its authorized representatives, and the
Peterborough Typographical Union Local 248 / CWA 14022 (hereinafter referred to
as the "Union"), by its officers or a committee duly authorized to act
on its behalf. TERM OF AGREEMENT Section 1.01 This agreement shall remain in force and effect for a term of 36 months
beginning January 22, 2006 and ending January 21, 2009. Section 1.02 Not less than ninety days prior to the expiry date of this agreement
negotiations shall begin for the purpose of determining such changes as may be
desired in the sections hereof which govern wages, hours, paid holidays,
vacations with pay, pension, welfare benefits and other economic provisions. If
an agreement has not been reached by the date upon which the Contract expires,
the terms and conditions of the expired agreement shall be maintained until an
agreement is reached or other action is authorized by the Peterborough
Typographical Union or by the Publisher signatory hereto. Section 1.03 All employees covered by this agreement are mutually recognized as being
employed on hourly rates unless the contrary is herein specified. RECOGNITION AND SCOPE OF AGREEMENT Section 2.01 The Employer recognizes the Peterborough Typographical Union Local 248 /
CWA 14022 as the exclusive bargaining agent for the employees covered by this
agreement and hereby consents and agrees to negotiate with the Peterborough
Typographical Union Local 248 / CWA 14022, or any committee thereof, in any and
all matter relating to terms and conditions of employment. Section 2.02 This Agreement covers all employees of the Lindsay Daily Post save and
except: Publisher, Managing Editor, City/Wire Editor, Sports Editor, Circulation
Manager, Classified Manager, Mailroom Supervisor, Accountant, Payroll Clerk,
Confidential Secretary, Advertising Manager, part-time employees (other than
Admakers, Editorial, Classified and Advertising part-time employees) and
students employed during school vacation. NO DISCRIMINATION Section 3.01 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 membership or non-membership. MANAGEMENT RIGHTS Section 4.01 The Union recognizes that it is the right of the Employer to manage and
direct the work force except as specifically limited by the express provisions
of the Agreement and without restricting the generality of the foregoing the
Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, assign, direct, promote, transfer, lay-off, recall and
discharge or discipline for just cause and sufficient cause. (c) the Employer shall be the sole judge of competence. (d) the Employer acknowledges and undertakes to consider all job related
experience and qualifications of any applicant prior to assignment of any
position of employment within the Employer's operation. UNION LAWS Section 5.01 The Employer agrees to respect and observe the conditions prescribed by
the constitution and by-laws of the Union not in conflict with this agreement. UNION DUES AND MEMBERSHIP Section 6.01 All present employees who are members of the Union shall remain members
of the Union as a condition of employment. All new employees entering the
bargaining unit who have successfully completed the probationary period shall
become members of the Union as a condition of employment. Section 6.02 Each employee covered by the agreement shall, as a condition of
employment, authorize the Employer in writing to deduct Union dues based on a
percentage figure to be supplied by the local executive. Section 6.03 The Employer shall remit the Union dues so deducted together with one
dollar per month per capita tax and the amount of any authorized assessment
which shall be deducted from the last pay period of the month to the office of
the Union not later than the 10th day of the following month. Section 6.04 The Employer shall supply the Union annually during the term of this
agreement with a list containing the following information for all employees
covered by this agreement and any subsequent additions or deletions as they
occur: name and address, date of hiring and salary. STEWARD Section 7.01 The Steward will be recognized by the Employer as a Union Representative.
An employee shall have the right to have his or her Steward or Union
Representative present at any discussion with supervisory personnel which the
employee believes might be the basis of disciplinary action. Where a supervisor
intends to interview an employee for disciplinary purposes the supervisor shall
notify the employee in advance, of the purpose of the interview, in order that
the employee may, if he or she so wishes, contact his or her Steward or Union
Representative for the purpose of attending the disciplinary meeting. Section 7.02 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. BULLETIN BOARD Section 8.01 The Employer agrees to supply a bulletin board for the posting of Union
correspondence. CHAPEL MEETINGS Section 9.01 It is understood that no chapel meetings shall be held during working
hours. PROBATIONARY EMPLOYEES Section 10.01 New employees shall be considered probationary employees during the first
3 months of employment. Such probationary period may be extended on agreement
reached with the Union. Probationary employees shall be covered by this
agreement, but may be dismissed for any reason prior to the successful
completion of their probationary period, whether extended or not, provided the
Employer does not act in bad faith or in contravention of any provision of this
agreement. It is agreed the standard for dismissing probationary employees as
reflected in this Section is a lesser standard within the meaning of the Labour
Relations Act. NO STRIKE / NO LOCKOUT Section 11.01 The Union agrees that during the term of this agreement there will be no
strikes. The Employer agrees there will be no lockout of employees during the
term of this agreement. DISPUTES AND SETTLEMENTS Section 12.01 A grievance concerning the interpretation, application, administration,
or alleged violation of this Agreement shall be handled in the following manner: Step 1 The aggrieved employee or a grievance committee member shall present the
grievance in writing to his/her immediate supervisor, or the Publisher/General
Manager in the event of a Union Grievance, within five (5) working days from the
date that the alleged violation comes to the grievors attention. The grievance
must state the section(s) of the Agreement allegedly violated and redress
sought. The Supervisor will render a decision in writing within five (5) working
days of receipt of the grievance. The decision shall be sent to the grievor
and/or Union. Step 2 Within five (5) working days of receiving the decision under Step 1, the
Union may appeal the decision in writing to the Publisher or his/her designate. Within five (5) working days of receipt of the appeal, the Publisher
shall convene a meeting between the Company and the Union to discuss the facts
and merits of the grievance. The decision of the Publisher shall be rendered within five (5) working
days of the date of the aforementioned meeting. The decision shall be sent to
the grievor and/or Union. Failing satisfactory settlement, the grievance may be
referred to Arbitration as set out below. The time limits as provided in this
Section may be extended by mutual agreement between the Union and Management
representatives. A grievance which is not settled at the last step of the grievance
procedure may be referred, within twenty-one (21) calendar days, by either party
to a single Arbitrator as per section 46 of the Ontario Labour Relations Act for
final and binding settlement without stoppage of work. Each party shall
respectively bear any expenses each has incurred in the presentation of the case
to the Arbitrator but any general or common expenses, including the remuneration
and expenses of the Arbitrator, shall be divided equally. The time limits as
provided in this Article may be extended by mutual agreement between the
parties. DISCHARGE AND NOTICE Section 13.01 The Employer may discharge or discipline an employee for just cause. An
employee shall receive reasons for discharge or discipline in writing within two
working days of the discharge or discipline. Such employee shall have access to
the grievance and arbitration process of this Agreement. Section 13.02 The Employer shall supply the steward within two working days, notice of
dismissal, any disciplinary action, promotion or transfer affecting members of
the bargaining unit. NEW EQUIPMENT Section 14.01 In
the event of the introduction of any new equipment, machinery or process which
replaces or is a substitute for, or evolution of, present equipment, machinery
or processes and that requires retraining, employees covered by this agreement
at the Lindsay Daily Post will perform all work coming within the scope of the
Union regardless of the method, equipment or materials when used for the
performance of such work, and regardless of where the work is to be performed at
the Lindsay Daily Post. Section 14.02 The Employer agrees to provide employees adequate equipment and full
opportunity to become proficient on all such equipment and processes. Section 14.03 If the Employer shall decide to introduce any new equipment, machinery or
process as above mentioned, it will give the Union and the employees sixty days
notice of the intended introduction of such equipment. HOURS OF WORK Section 15.01 Employees shall be paid on the basis of eight (8) hours of work in a day,
five days a week. Section 15.02 Day work shall be between 6 am and 6 pm. Night work between 6 pm and 6
am. Section 15.03 A split shift shall be defined as a shift with three or more hours
between finishing work and beginning work again the same day. It will be paid at
the employees regular salary plus a split shift premium. Section 15.04 There shall be 12 hours off between the end of one shift and the start of
the next. Section 15.05 No full-time employee shall be paid for less than a full shift except
when discharged for cause or excused at his own request. Section 15.06 The display advertising sale staff shall be exempt from the overtime
provisions of this agreement. Section 15.07 Employees called back after having left the office shall be paid overtime
rates for all time worked. Section 15.08 Employees may work up to a maximum of no more than ten hours (10) in any
one day. Section15.09 Notwithstanding section 15.08, under special circumstances and with prior
approval from the Union employees may work up to a maximum of no more than
twelve (12) hours in any one day. OVERTIME Section 16.01 All time worked before and in excess of the regular hours established for
the day's work, or weeks work, must be paid at the overtime rate of time-and-one
half, on the regular hourly wage paid in any one week. The Union agrees that
overtime will be worked when required in order to meet production schedules for
the current or future work. Section 16.02 If an employee wishes to take time off in lieu of pay, he may do so at
one and one-half times. Time off will be taken when mutually agreed upon by the
supervisor and the employee. Section 16.03 Except where Sunday is a regular scheduled day all work performed on
Sundays shall be paid for at time and one-half 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 paid for at time-and-one-half. An employee required to work
a seventh shift in any financial week which includes a seventh publishing day,
will receive double-time for each hour he is required to work. LUNCH PERIOD AND BREAKS Section 17.01 A lunch period of at 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 specified for a day's or night's work. Section 17.02 All employees shall be allowed a fifteen minute coffee break in the first
half of the shift and a fifteen minute coffee break during the second half of
the shift. EMPLOYEE SCHEDULES Section 18.01 Employees work schedules shall be posted at least five days in advance.
Such schedules may only be changed in the case of an emergency and then to meet
the requirements of the operation. Prior notice of such changes will be given
when possible. STATUTORY HOLIDAYS Section 19.01 There shall be nine recognized holidays as follows: New Year's Day
Labour Day Good Friday
Thanksgiving Day Victoria Day
Civic Holiday Canada Day
Christmas Day Boxing Day or days celebrated as such. When an above named holiday falls during the annual vacation or on an
employee's regular day off, he shall be given a day off with pay within 30 days
of the holiday date or one day's pay in lieu thereof. All Employee's scheduled to work on above-named holidays shall receive
straight-time pay when not required to report. If required to report, in
addition to the provisions of 16.03, they shall be given another day off with
pay; at a mutually satisfactory time. An Employee will be paid for a statutory holiday provided he/she: (a) works his/her last full scheduled day before and his/her first
scheduled day after such statutory holiday, (b) has completed 90 days of continuous service with the employer, and (c) is covered by this Collective Agreement. The regular starting time of any shift shall not be changed to avoid
holiday pay or the holiday premium rate of pay. VACATIONS WITH PAY Section 20.01 Employees shall receive annual vacation with pay according to their anniversary of employment as follows: One Year....................…10 days Four Years.....................15 days Eight Years ...................20 days Twenty Years.................25 days New employees who have been employed by the Employer for less than one
year shall be entitled to one day's vacation for each 26 days worked. Following 6 months of employment an employee may elect to take one week's
vacation rather than accruing it. When a statutory holiday included in Section 19.01 occurs during a
vacation period, an additional day off with pay (or, at the option of the
Employer, a day's pay in lieu thereof ) shall be granted within a reasonable
time from the date of such holiday. Subject to production requirements all employees entitled to vacation of
three weeks or more shall be entitled to two weeks thereof between May 1st to
September 30th and thereafter, unused vacation may be taken consecutively. A
vacation list shall be posted and subject to approval of the Employer The Company, starting on the 1st of March, will post a list in each
department for the purpose of employees choosing the date of their vacation. The
Company will grant their request according to seniority within the department
providing there are sufficient employees qualified to staff the operation.
Employees wishing to exercise their seniority for the purpose of vacation
scheduling must have their requests in by March 31. The vacation schedule will
be completed in such a manner that all employees in the department will schedule
their first two weeks of vacation, by seniority, before senior employees
schedule the remainder of their vacation. Any person leaving his employment voluntarily or otherwise shall be
entitled to receive his vacation pay on a pro rata basis. Service for vacation credits as above provided shall be calculated on the
basis of continuous service from the date of original employment. Continuous
service is interpreted as a period uninterrupted by voluntary or lawful
termination of employment. In computing the earnings for vacation pay actual wages earned shall be
those as defined by the Employment Standards Act. Vacation schedules, once approved by the employer, shall not be changed,
other than in the cases of emergency, except by mutual agreement between the
employee and employer BEREAVEMENT LEAVE Section 21.01 For the purpose of attending the funeral, all employees having a death in
the immediate family will be paid by the Company up to a maximum of three days
or nights absence with pay to and including the day of the funeral, if such days
fall within said employee's regular work week. Employees shall not be paid for
regularly scheduled days off or during a paid vacation. The immediate family
will consist of the employee's spouse, common-law spouse, children,
grandchildren, father and mother, grandfather, grandmother, sister, brother,
mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law and
daughter-in-law. For the purpose of this section, a common-law spouse shall be a person
who, although not legally married to an employee, cohabits with the employee in
a husband and wife relationship which is recognized as such in the community in
which they reside. The
Employer may grant, at its sole discretion, other bereavement leave in special
circumstances. SICK LEAVE Section 22.01 All employees who have completed a 90 day probationary period are entitled to sick leave benefits totaling six (6) paid days per year. In addition employees are entitled to sick leave benefits as follows: Day 1...........0% Day 2...........25% Day 3...........50% Day 4...........75% Day 5 - 15wks...66 2/3% (Paid by Manulife) Subject to a maximum of 15 weeks for any one illness. Section 23.01 Leave without pay will be granted, at the employers discretion, to any
employee, to a maximum of one at any one time, authorized to represent
employees. MATERNITY LEAVE Section 24.01 Maternity Leave will be granted in accordance with the Employment
Standards Act of Ontario. JURY DUTY Section 25.01 An employee called for jury duty or selection will be paid their regular
pay for the time absent. Any jury duty payments will be endorsed over to the
Employer. The employee must provide proof of absence and must make himself /
herself available for work when excused from jury duty for one-half day or more. SENIORITY Section 26.01 When it becomes necessary to decrease the force it shall be determined
upon what class of work the reduction is required. The member with the lowest
seniority standing in the office engaged upon the class of work indicated shall
be laid off first, provided that the member to be laid off may claim any other
work in the office he is competent to do which is being performed by a member
with lower seniority standing; provided, however, that a member claiming other
work to avoid layoff to reduce the force shall not be exempt from discharge if
incompetent. REDUCTION IN STAFF Section 27.01 Whenever the Employer decides it is necessary to reduce staff, employees
will be laid off in each classification on the basis of the reverse order of
seniority. Section 27.02 Employees laid off due to a reduction in force shall have preferential
rights for rehiring for ninety (90) days. When hiring for the same position the
Employer shall give preference in rehiring to such persons in reverse order to
that in which they were laid off. Section 27.03 Notice of recall shall be sent to the individual by registered mail to
the last known address in the Employer's records. A copy of such notice shall be
forwarded to the Union. Recalled employees shall have one week from the date of
notification to report for work. PART-TIME EMPLOYEES AND SUB-CONTRACTORS Section 28.01 Part-time employees shall not be hired if such hiring results in a lay
off of a full time employee. SEVERANCE PAY Section 29.01 Notice of layoff and severance pay shall be paid as per the provisions of
the Employment Standards Act of Ontario except that pay in lieu of notice will
be given to employees with less than five (5) years of service. Employees with less than five (5) years service shall receive severance
pay of one week’s pay for each year worked. 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. Those journeymen to be laid off may be replaced by more senior employees
who elect to go in their place and receive contractual severance pay in addition
to vacation pay owing. Those journeymen electing to receive any of the above benefits will not
be permitted to substitute for the 12-month period following the acceptance of
those benefits. CLASSIFICATIONS Section 30.01 The Employer may introduce new job classifications during the term of
this Agreement provided that the basis for the new classification and the rate
are agreed to by the Union. Disagreement may be subject to the grievance
procedure. Section 30.02 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 employee is assigned
as a full-time fill-in for a non-bargaining unit position for more than five (5)
days in a calendar year the employee will be paid 10% over their own
classification rate for the time so worked. JOB POSTINGS Section 31.01 The Employer shall post notice of any full time or part time bargaining
unit job opening on the office bulletin board. The Employer agrees to receive
applications from employees for five (5) working days from the date of posting.
Employees will be given consideration for job vacancies and promotions. OUTSIDE ACTIVITY Section 32.01 Employees shall be free to engage in any activity outside of working
hours, provided such activities do not consist of service performed in direct or
indirect competition with the Company, do not result in any conflict of interest
with respect to the employees duties with the newspaper, and do not exploit the
employee's connection with the Company. It is understood competition includes
the Toronto Star, The Globe and Mail, the Toronto Sun, National Post and all
media in the Lindsay Post's circulation area, electronic or otherwise. SANITARY REGULATIONS Section 33.01 The Employer agrees to furnish a clean, healthful, sufficiently
ventilated, properly heated and lighted place for the performance of all work
within the jurisdiction of the Union. HEALTH AND SAFETY Section 34.01 A pregnant woman who normally works on VDTs may request to be reassigned
to work that does not involve the use of VDTs when there is such work available.
When such work is not available, or the employee is not competent to perform the
work, she may apply for an early leave of absence without pay. Section 34.02 A permanent Health and Safety Committee will be established, made up of
two representatives of the Employer and two from the Union. This committee shall
discuss all matters brought to it and will comply with existing legislation
covering its purpose. WELFARE Section 35.01 The standard Company Benefit Package which includes life insurance,
dental, major medical and weekly indemnity shall be made available to all
employees. A vision care plan will be implemented for employees only, who are
covered by this collective agreement, providing a benefit of $100.00 every 24
months, upon submission of approved receipts. Effective upon ratification, the benefit will
increase to $150.00 every 24 months, upon submission of approved receipts. COMPANY PENSION PLAN Section 36.01 The
Employer agrees to continue to operate the existing Company pension plan as
follows: Effective upon ratification, the Employer agrees to contribute 4.0 % of
the employee's weekly earnings to a maximum of $23.00 per week for each employee
enrolled in this plan. Effective
January 22, 2008, the Employer agrees to contribute 4.0 % of the employee's
weekly earnings to a maximum of $25.00 per week for each employee enrolled in
this plan. EXPENSES Section 37.01 The Employer shall pay all authorized expenses incurred by an employee in
the service of the Employer. Section 37.02 Employees
shall be compensated for the use of an automobile authorized by the employer on
the following basis: Effective
date of ratification: 35 cents per kilometre. Thereafter,
for every full $0.04 increase or decrease in the price of unleaded gasoline
beyond $0.95 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, Esso on Kent, and Loblaws) 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 35 cents per
kilometre. Effective
date of ratification, Advertising Display Sales Representatives will have the
choice of $75 per week gas allowance or the kilometre rate as outlined above. Effective
January 22, 2007, Advertising Display Sales Representatives will have the choice
of $80 per week gas allowance or the kilometre rate as outlined above. Effective January 22, 2008, Advertising Display
Sales Representatives will have the choice of $85 per week gas allowance or the
kilometre rate as outlined above. WAGE GRID Section 38.01 The accompanying wage grid is to be read as part and parcel of the
Collective Agreement. Section 38.02 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 during
their employment with The Lindsay Post. Section 38.03 Nothing contained herein shall prohibit the Employer from granting, or an
employee from receiving, merit pay in excess of the contractual rates, provided
that there is no obligation to continue such merit pay, when, in the opinion of
the Employer, they are no longer justified. Section 38.04 The wage grid attached to the Agreement will not be used to define higher
or lower classifications under the Agreement. Rather, classifications will be
defined for the purpose of this Agreement by Side Letter 2. Section 38.05 Display Advertising Sales Representatives shall have the choice of
participating in the Lindsay Daily Post Commission Program. By each December 1 during the course of this agreement, each
representative shall elect the method of compensation desired for the following
calendar year. The employee's choice will be: 1. Wage Grid for Advertising Representative. or 2. Lindsay Daily Post Commission Program as presented by the employer on
or before each November 15. Representatives shall not be directed to choose one method of
compensation over another, and there shall be no discrimination as a result of
the employee's choice. LABOUR MANAGEMENT CONSULTATION Section 39.00 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 spent with this
committee. ADMAKERS Section 40.00 This section's provisions apply only to the Admaker classifications. Section 40.01Day Work/Night Work
Day work shall be between 6am and 6pm. Night work between 6pm and
6am.Before any change from the present practice of a 7am start on the day shift,
the company will discuss with the Union the number of positions required to be
filled at 6am and on what days. Except for emergencies two weeks notice of
change of shift will be given to the employees. Section 40.02 Lunch Period A lunch period of at 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 specified for a day's or night's work. The lunch period shall not be more
than 4 1/2 hours from commencement of the shift. Section 40.03 Breaks All employees shall be allowed a fifteen minute coffee break in the first
half of the shift, fifteen minutes
in the second half of the shift. Section 40.04 Work Week No employee covered by this Agreement shall be required or permitted 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 more than five shifts in any financial week, he shall be paid
overtime rate for each hour he is required to work on a sixth shift. Section 40.05 Seniority Employees may claim new shifts, new starting times, new slide days and
have a choice of vacation schedule in accordance with their seniority standing,
subject to production necessities as determined by the Employer. Section 40.06 Joint Training Committee When new
processes are introduced the Employer and the Union shall establish a joint
committee for the purpose of formulating such training and retraining programs
and procedures as needs may dictate. This committee shall be composed of an
equal number of representatives of the Union and the Employer. It is recognized
that the equipment production methods and training facilities of the Employer
may vary and it will be the responsibility of this committee to create such
training programs as will best meet the requirements of the office. Nothing
herein shall be construed so as to prevent or delay the installation or
operation of new equipment, machinery, or processes. Section 40.07 Competency Standards
The standard of competency for journeyman
(Admakers) keyboarders, hired after 1988, shall be 60 words per minute on
keyboard operation in a typing test computed as follows: Five (5) keystrokes count as a word. The total number of strokes divided by five (5) is the gross words
perforated. From the gross words deduct ten (10) words for each error. To get
the net words per minute, divide the number of words by the number of minutes in
the test. Copy used in the test shall be unfamiliar, legible and clean and shall be
selected by the person supervising the tests. Section 40.08 Foremen Foremen shall be members of the Union Section 40.09 ITU Negotiated Pension Plan
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