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COLLECTIVE AGREEMENT BETWEEN THE COMMUNICATIONS WORKERS
OF AMERICA , Local 30248 (also known as The
Peterborough Typographical Union) ‑AND‑ THE
PETERBOROUGH EXAMINER [PART‑TIME
EMPLOYEES] Expires:
August 15, 2008 TABLE OF
CONTENTS SECTION
PAGE
1 RECOGNITION......................................
3 2 MANAGEMENT'S RIGHTS.................................. 3
3 PAST
PRACTICES.......................................
..
3
4 SCOPE
OF AGREEMENT...................................
..
3
5 MEMBERSHIP...........................................
.
4
6 NO
DISCRIMINATION....................................
..
4
7 SANITARY
REGULATION..................................
.
4
8 HEALTH AND
SAFETY....................................
4 9 STRIKES AND LOCKOUTS................................. . 4
10 GRIEVANCE AND
ARBITRATION...........................
4-5
11 DUES
CHECK‑OFF.......................................
5
12 INFORMATION..........................................
5
13 UNION
STEWARDS.................................
.. 6
14 BULLETIN
BOARDS......................................
6
15 PROBATIONARY
PERIOD..................................
... 6-7 16 HOURS OF WORK........................................ .. 7
17 FULL
SHIFT...........................................
..
7
18 LUNCH
PERIOD.........................................
.
7
19 OVERTIME
.......................
..
8
20 VACATION PAY AND
VACATION LEAVE
8
21 HOLIDAYS..........................................
..
8
22 BEREAVEMENT
LEAVE...................................
. 9
23 MATERNITY
LEAVE.....................................
. 9
24 LEAVES OF
ABSENCE.................................
.. 9
25 JURY
DUTY...........................................
.
10
26 EXPENSES............................................
..
10
27 AUTOMOBILE
ALLOWANCE................................
.
10
28 OUTSIDE
ACTIVITY....................................
.
10
29 REDUCTION IN
STAFF..................................
...
10
30 SEVERANCE
PAY.......................................
...
11 31 WORK CHANGES AND COMPETENCY .. 11
32 FORMAL
DISCIPLINE...................................
11
33 DISCHARGE...........................................
11
34 NO
REDUCTION........................................
11 35 PENSION............................................. 1236
LABOUR MANAGEMENT CONSULTATION
.
12
37 SALARIES AND
RATINGS................................
...
12
SIGNATURES.....................................................
..
12
SCHEDULE
A...................................................
.
13
SIDE LETTERS ‑
PART‑TIME.......................................
.
14
LETTER OF UNDERSTANDING ‑ SENIORITY ‑
PART‑TIME................ 14 This
Agreement, made and entered into this 15th day of August, 2005 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, 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 August 16, 2005 and ending August 15, 2008. 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 the Communications Workers of America, Local 30248, also known
as the Peterborough Typographical Union 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 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. SECTION 4 ‑ SCOPE OF AGREEMENT All employees
of The Peterborough Examiner regularly employed for not more than 24 hours per
week and students employed during school vacation period in the Mailroom
department, Advertising, Business and Circulation department, save and except
Mailroom supervisor and telephone solicitor supervisor and persons above the
rank of supervisor and students employed on a co‑operative training
program with a school, college or university (ABC departments only). 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 In accordance
with the Ontario Occupational Health and Safety Act, 1978, a health and safety
committee will be established and maintained. All employees
working in the mailroom must wear CSA approved steel-toed safety shoes.
Effective January 1, 2006, the Employer will provide each mailroom employee
with a $50.00 annual subsidy towards the purchase of safety shoes. To be
eligible for this subsidy, employees must have completed their probationary
period and must also provide proof of purchase. SECTION 9 ‑ 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 10 ‑ 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 be 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 thirty (30) 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 11 ‑ DUES CHECK‑OFF (a) 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. (b) 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 12
‑ INFORMATION Upon signature of this Agreement, the Employer shall forward the Union a complete list of employees covered by the terms of this Agreement, every six (6) months, containing name, address, hiring date, date of birth, classification, experience, anniversary date and salary. Upon request
by the Union, the Employer will supply the information for new employees upon
completion of their probationary period. SECTION 13 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 14 ‑ 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. The Employer shall post job
vacancies within the unit, and give consideration to present employees when
hiring for vacancies. SECTION 15 ‑ PROBATIONARY PERIOD
(a)
New employees shall
be considered probationary employees during the first 350 hours 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.
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. (b) Seniority
shall be forfeited and the employees employment shall be deemed to be
terminated under the following circumstances: -
resignation -
retirement -
discharge for just
cause without reinstatement through the grievance or arbitration procedure. -
lay off for a period
exceeding the period during which an employee has recall right under the
collective agreement. -
absence from work
for more than three (3) working days without providing a reasonable
satisfactory explanation. -
absence from work
beyond authorized leave or vacation without providing a reasonable
satisfactory explanation. -
fails to report for
work within ten (10) days after notification of recall to work following a
layoff.
SECTION 16 ‑ HOURS OF WORK
The standard
work schedule for regular part‑time employees shall consist of a minimum
of a three hour shift. This shall not apply if the regular part‑time
employee is hired to work less than three hours a day. Regular
part‑time employees called outside of the schedule shall be called in
for a minimum three (3) hours unless the person is called in to replace an
employee who's assignment is less than three (3) hours. However, an employee
who is called to replace said employee shall have the right to refuse the
call‑in if the shift is less than three (3) hours. The hours
posted by the Employer for efficient and scheduled production shall prevail. Work
schedules shall be arranged and posted by the Employer on the preceding Friday
on a weekly basis. Such schedule may be changed at any time by the Employer to
meet the requirements of the operation. Prior notice of such changes will be
given when possible. A seniority
list shall be posted for the purpose of work scheduling. Work schedules shall
be done by seniority within a classification, subject to the employee being
able to perform the work and so long as it does not interfere with the
Employers right to efficiently manage its operations.
Maximum
Hours: For the purposes
of Part VII, Section 17 of the Employment Standards Act, 2000 it is agreed
that employees may work up to a maximum of twelve hours in any one day. SECTION 17 ‑ FULL SHIFT No regular
part‑time employee shall be paid for less than their scheduled hours,
when beginning work at his or her scheduled reporting time except when
discharged for cause or excused at the employee's own request. SECTION 18 ‑ LUNCH PERIOD / BREAK PERIODS A lunch
period of a least thirty minutes and not more than one hour shall be allowed
for each shift over five (5) hours, such time not to be included in the number
of hours of the shift being worked. An employee
required to work four (4) or more hours in a shift, shall be entitled to one
(1) fifteen minute paid break. An employee
required to work eight (8) or more hours in a shift, shall be entitled to two
(2) fifteen minute paid breaks. One break shall be in the first half of the
shift, and the other break shall be in the second half of the shift. SECTION 19 ‑ OVERTIME Overtime shall be defined and dealt with according to the Employment Standards Act of Ontario. Overtime must be authorized and be claimed within 48 hrs of being worked. SECTION 20 ‑ VACATION PAY AND VACATION LEAVE Vacation Pay
will be paid on the following basis: (a)
0 to 4 years
continuous service ‑ 4% of pay. (b) 4
to 9 years continuous service ‑ 6% of pay. (c)
more than 9 years
continuous service ‑ 8% of pay.
Vacation
Leave will be granted on the following basis: (a)
0 to 4 years
continuous service ‑ 2 weeks. (b) 4
to 9 years continuous service ‑ 3 weeks.
(c)
more than 9 years
continuous service ‑ 4 weeks. All regular
part‑time employees shall be entitled to request that the Employer
accumulate their vacation pay until such time as the employee takes their
vacation. The Employer shall honour this request. 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. SECTION 21 ‑ 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. Payment will
be in accordance with the Employment Standards Act of Ontario.
SECTION 22
‑ BEREAVEMENT LEAVE For the
purpose of attending the funeral all regular part‑time 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 [their scheduled hours]
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. 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 23 ‑ MATERNITY LEAVE Maternity and
parental leave will be provided in accordance with the Employment Standards
Act. SECTION 24 ‑ 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) Although
a leave of absence shall not be considered a break in continuous service with
the Employer,
there shall be no accrual of vacation credits during the leave or any
obligations on the part of the
Employer to maintain or incur any costs on behalf of the leave taker. (d)
Effective the first of the month following ratification, an
employee accepting a temporary position outside the bargaining unit within the
Company for a period of up to twelve months shall retain, but not accumulate,
their seniority for the period of the temporary leave. The affected employee
may continue to accumulate seniority during the temporary position, if the
employee so desires, by maintaining payment of the recognized union dues,
based on his previous unionized position. In respect to
approved leaves of absence granted in accordance with section 24(a) above, (up
to a maximum of six (6) months) an employee shall retain, but not accumulate,
their seniority for the period of the leave. The affected employee may
continue to accumulate seniority during the leave, if the employee so desires,
by maintaining payment of the recognized union dues. SECTION 25 ‑ JURY DUTY ‑ ABC DEPARTMENT 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. To qualify,
an employee must produce proof that the absence was in response to a summons
for jury duty, and he/she must make him/herself available for work whenever
excused from such jury duty. SECTION 26 ‑ EXPENSES ‑ ABC DEPARTMENT 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 27
‑ AUTOMOBILE ALLOWANCE ‑ ABC DEPARTMENT Where
employees are required to use their own automobiles in the service of the
employer, they will be compensated at the rate of $0.33 per kilometre,
effective upon ratification. Effective
August 16, 2006 the rate will be $0.35 per kilometre.
SECTION 28 ‑ 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 29 ‑ REDUCTION IN STAFF / APPLICATION OF SENIORITY Seniority is
defined as an employees length of continuous service within their
classification within the bargaining unit, subject to the exceptions as
outlined in section 24 (d) above. (a) When it
becomes necessary to reduce the staff it shall be determined by the Employer
in what classification(s) the reduction is required. The Employer shall
consider seniority within the classification in determining layoffs, choosing
first those employees with less seniority in the classification, provided that
those remaining are competent to perform the work. (b) Should
there be a recall, 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 three months of the layoff. Such recall letter shall be registered
letter to the last known address of the person filed with the Employer, if
available. A copy of all recall notices shall be sent to the Union. The person
recalled must notify the Employer of his intention to return to work and must
return to work within ten (10) working days of the mailing or make alternative
arrangements satisfactory to the Employer. SECTION 30 ‑ SEVERANCE PAY
Severance pay
will be in accordance with the Employment Standards Act. Severance pay shall
be paid to regular part‑time employees with three (3) or more years of
service with the Examiner as per the severance provisions in the ESA. SECTION 31 ‑ WORK CHANGES AND COMPETENCY
Whenever
possible, the Employer shall endeavor to notify directly affected regular
Part‑time employees of all shift changes, transfers and other changes in
job situations at least 48 hours in advance or earlier. Inserters will be required to perform a variety of job duties; competency as an inserter shall include, but not be limited to, the ability to insert preprints into the newspaper or other wrapper under normal working conditions at a rate of not less than eleven hundred (1100) inserts per hour. This article is subject to the grievance and arbitration procedure. SECTION 32 ‑ 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 33 ‑ 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 34 ‑ NO REDUCTION There shall
be no reduction of any employee's salary as a result of putting this agreement
into effect. SECTION 35 ‑ PENSION PLAN The Company
Pension Plan may be available for employees, depending upon the plan rules,
conditions and eligibility requirements in effect in each calendar year.
Membership will be offered to those eligible. SECTION 36 LABOUR MANAGEMENT CONSULTATION A labour management committee shall be established consisting of two representatives of the Union and two representatives of the Employer. On request of either party, the parties shall meet at least once every three months outside of working hours, until this agreement is terminated for the purpose of discussing issues relating to the workplace which affect the parties or any employee covered by this collective agreement. SECTION 37
SCHEDULE A, SALARIES AND RATINGS (a) Wages
shall be as set forth in Schedule A attached hereto. (b) Regular
part‑time employees are those who are scheduled to work on a regular
basis every week. (c) Casual
part‑time employees are those who are called to work on an as needed
basis. (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) When an
employee is assigned to fill‑in in the same higher classification for
more than three (3) shifts in a calendar year, the employee shall receive at
least the minimum next higher in that higher classification than the rate
being received in the lower classification. (f) A night
shift premium of $0.75 per hour shall be paid for all hours actually worked
between 9:00 p.m. and 6:00 a.m., regardless of start time. (g) If the
employer designates a lead hand on an unsupervised shift, that employee shall
receive a premium of thirty (30) cents per hour worked, in addition to his/her
regular rate of pay. Signed
this______________day of_____________________2005. For the Union For the Company _____________________
________________________ _____________________
________________________
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