(a division of Bell Media Inc.) and The Ottawa Newspaper Guild
(Local 30205 of CWA/SCA Canada) January 1, 2014 to December 31, 2018
This Agreement is made between CTV Ottawa (a division of Bell Media Inc.), hereinafter known as the Employer, and the Ottawa Newspaper Guild, Local 30205 of CWA/SCA Canada (CLC, AFL-CIO, IFJ), hereinafter known as the Guild, for itself and on behalf of all the employees of the Employer, as described in certificates issued by the Canada Labour Relations Board on the sixteenth day of February 1970, hereinafter known as the employees.
The Guild acknowledges that it is the exclusive function of the Employer to hire, promote and assign employees, and also the right of the Employer to discipline or discharge any employee for just and sufficient cause. The Guild further recognizes the right of the Employer to operate and manage its business, to determine the number and location of plants, the direction of the working force, the amount of supervision necessary and the qualifications of those who supervise. The methods, procedures and standards of operation, the content of programs, the judgement and final evaluation of personnel qualifications, the right to select and procure machinery and equipment which may be incorporated into the Employer's equipment are solely and exclusively the responsibility of the Employer.
The management rights referred to in the preceding paragraph shall be exercised strictly in accordance with and subject to the provisions of this Agreement.
The Employer recognizes the Guild as the exclusive bargaining agent for the employees. The Employer further recognizes that any employee will have a Guild representative present in any meeting to discuss disciplinary action after the employee has passed the probationary period. Details of the reasons for such meetings will have been communicated to the employee in writing.
ARTICLE 1 - COVERAGE 1.1
This Agreement covers all employees of the Employer in the News Department except as provided in Article 1.2.
The following News Department employees are excluded from this Agreement: News Director; Director, Engineering, IT and Building; Manager - Operations & Web; Community Ambassador; Unit Manager; Weathercasters; Executive Producer – News; and all other employees covered by collective agreements between the Employer and ACTRA or CEP.
The jurisdiction of the Guild shall be those employees engaged in writing, editing, reporting, producing, anchoring, and gathering of material and all other editorial operations directed toward the production of news programs, online news programs or news segments produced by and for use by CTV Ottawa.
Performance of such work, whether or not by currently or normally used methods or equipment, shall be assigned to employees within the bargaining unit and covered by the Guild Agreement, except that in News (including "in depth" treatment of news) the Employer may assign such work on a per occasion basis to non-staff personnel or employees outside the bargaining unit at daily rates not less than those applicable in Article 17 of this Agreement, provided such assignments do not eliminate or displace regular full-time employees or avoid hiring regular full-time employees.
In such event the Employer shall notify the Guild on a monthly basis of the work completed by non-staff personnel or by employees outside the bargaining unit and at what rate of pay they were paid.
Freelancers, whose background or expertise is not available within the bargaining unit, may be engaged to act as commentators, "pundits" or news analysts. Where the Guild and ACTRA may share jurisdiction, the basic function of the employee shall determine the individual's union affiliation.
The restrictions regarding jurisdiction shall not apply to employees of the News Department excluded from the bargaining unit. Excluded personnel shall not perform the work of unit personnel except to the extent that such work was performed by excluded personnel on the date of signing of this Agreement, and provided further that such excluded personnel shall not be used to displace or replace unit personnel nor to avoid filling a vacancy in the unit.
The Employer agrees that any news bureau established within the primary coverage area of CTV Ottawa shall be staffed with members of the bargaining unit.
ARTICLE 2 - PAYMENT OF DUES AND GUILD SECURITY 2.1
The Employer shall require as a condition of employment, that no later than the thirtieth (30th) day following the date of hiring, all employees pay all Guild membership dues and assessments.
There shall be no interference or attempt to interfere with the operations of the Guild.
ARTICLE 3 - DUES DEDUCTION 3.1
The Employer shall deduct from the earnings of each employee and pay to the Guild as soon as possible after the end of each pay period; the Employer will remit to the Guild or its nominee, by wire transfer, the amount so deducted. Such membership dues shall be deducted from the employee's earnings in accordance with the Guild's schedule of dues rates furnished the Employer by the Guild. Such schedule may be amended by the Guild at any time and such amendments will become effective in the calendar month after that in which they were received by the Employer.
ARTICLE 4 - FILLING OF VACANCIES4.1
The Employer shall post, for a period of seven (7) days, all new positions, vacancies or opportunities with particulars of the job classification and a description of general duties. During this period employees desiring to fill such new positions, vacancies or opportunities shall submit applications in writing. Notices of such vacancies shall be posted on the Guild bulletin boards and copies sent to the Guild. It is understood that the Employer will only be required to post for “opportunities” if the duration of that work exceeds one (1) month.
The Employer shall give the Guild for the duration of the posting period an opportunity to supply names of candidates for such new positions, vacancies or opportunities and the Employer shall give full consideration to the hiring of these candidates, however, it is understood that Management has the sole and final hiring decision.
It has never been the policy of the Employer to consider sex, age, race, creed, colour, national origin, marital or parental status, sexual or affectional preference, political beliefs or irrelevant physical disability in hiring, training and remunerating employees; nor have such considerations formed part of the membership or activity requirement in the Guild. The parties shall continue these policies.
The employee with the most seniority, who in the opinion of the Employer meets the reasonable qualifications, applies for a vacant position as outlined in Article 4.1, shall be transferred or, if the vacancy is in a higher classification, promoted to the position. Nothing in this clause precludes the Employer from hiring an external applicant when no qualified employees apply and are accepted.
In the event of a transfer or promotion no employee shall be transferred from one location or from one newsroom to another or promoted from one job classification to another against their wishes. The Employer shall pay all authorized expenses involved in a transfer or promotion involving a transfer except that the Employer shall not be bound to pay such expenses for an employee who requests a transfer for personal or compassionate reasons.
An employee may decline any transfer or promotion without prejudice to his/her present or future status with the Employer.
However, in the event that the Employer establishes a bureau which would necessitate a transfer, employees shall be given the option of accepting the transfer in order of seniority. If this process does not fulfill the Employer's staffing requirements, employees, with a minimum of two (2) years’ service, may be assigned to the position in inverse order of seniority.
In the event of any transfer or promotion inside the bargaining unit, there shall be no reduction in salary or impairment of other benefits as a result of such transfer or promotion.
Employees hired, promoted or transferred shall be given a probationary period of three (3) months which may be extended up to a maximum of three (3) additional months upon prior approval of the Guild. Such approval shall not be unreasonably withheld.
During the probationary period, the employee shall receive at least the minimum next higher than the salary in the classification from which the employee advanced.
The Employer shall provide training and orientation throughout the probationary period to employees who accept transfers or promotions.
During such trial period, employees may elect to return to the classification from which the employee advanced. The period of service in the higher classification shall be counted for all purposes as service in the classification from which they have advanced.
Present employees will be given first consideration for tryout for vacancies in other classifications.
Upon request, unsuccessful applicants shall be provided with a written explanation of the Employer's decision. Such written explanation shall not abrogate the Employer's rights as detailed in the preamble of this Agreement.
ARTICLE 5 - INFORMATION 5.1
The Employer shall supply the Guild on request with a list containing the following information for all employees on the payroll:
• Name, address, wage, seniority, salary data and any other non-confidential information contained in the Employer's HRIS database.
The Employer shall notify the Guild in writing within two (2) weeks of the following staff developments: resignations, retirements, dismissals, deaths, promotions, demotions and any other developments producing changes in the data listed in Article 5.1, with effective dates.
Within one (1) week after the hiring of a new employee, the Employer shall furnish the Guild in writing with the information specified in Article 5.1 for each new employee.
ARTICLE 6 - GRIEVANCE PROCEDURE 6.1
The Guild shall designate a committee of its own choosing to take up with the Employer or a duly authorized agent any matter arising from the application or interpretation of this Agreement or any matter affecting the relations of the Employer and the employee.
A grievance must be reduced to writing and submitted to the Manager of Human Resources within thirty (30) days of its occurrence. Failure to do so will result in the abandonment of the grievance. The Employer agrees to meet with the committee within five (5) days after written request for such meeting. Said request shall include an outline of the matter and the relief sought. Such meetings may be held on the Employer's time. The Employer agrees to release without loss of pay or leave credit properly accredited Guild representatives to attend grievance meetings. It is understood that the Employer will not be required to release more than two (2) employees from each department for these meetings. A request for such release shall be submitted to the Employer as far in advance of these meetings as possible.
Any matter involving the interpretation, application, administration or alleged violation of this Agreement (except renewal of this Agreement), including any question as to whether a matter is arbitrable, not satisfactorily settled within thirty (30) days of its first consideration between the parties, may be submitted to final and binding arbitration by either party. If not so submitted within thirty (30) days of the last meeting of the parties, the grievance will be deemed abandoned. Within ten (10) days of receipt of this notice, the parties shall select a mutually acceptable arbitrator. If the parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Federal Minister of Labour shall be requested to appoint the arbitrator. The cost and/or expense of such arbitration shall be borne equally by the Employer and the Guild, except that neither party shall be obliged to pay the cost of a stenographic transcript without express consent.
Conditions prevailing prior to an action or circumstance which resulted in a grievance shall be maintained unchanged pending final settlement of the grievance as provided herein. This shall not apply in cases of dismissal for just and sufficient cause.
Any time limit mentioned under the Grievance Procedure shall exclude Saturdays, Sundays and Statutory Holidays and may be extended by mutual consent.
ARTICLE 7 - JOB SECURITY7.1
There shall be no dismissal except for just and sufficient cause. The Guild and the employee shall be notified in writing at least two (2) weeks in advance of any dismissal with the specifications of the fact alleged to constitute just and sufficient cause. The Employer may pay two (2) weeks’ salary in lieu of work for that period. This two-week notification does not apply to termination as a result of workforce reduction.
Workforce reductions shall proceed in inverse order of company seniority within the functional groups. Functional groups shall be defined as follows:
It is agreed that should the Employer require a reduction in the workforce, full-time employees laid off shall be entitled to those hours held by part-time employees not to regularly exceed twenty-four (24) hours per week and not to commence until the eight (8) week in lieu of notice period has expired.
When layoffs are to be made, the Employer shall determine the classifications where reductions are required and the number of employees to be laid off.
Layoffs shall be in inverse order of seniority within the job classifications in Article 7.1.1. The least senior employees in a classification where reductions are required shall be laid-off from such classification.
An employee dismissed to reduce the workforce may elect, within five (5) working days after such notice to bump into a classification in the same or lower group in which they have worked or has the occupational qualifications. He/she may displace an employee in that same or lower group whose length of service is less than the length of service of the dismissed employee.
An employee who is unable to apply their seniority or who chooses to be laid off shall have the choice of going on a recall list for up to twelve (12) months or being laid off with severance pay in accordance with Article 7.1.6. If the displaced employee chooses to be placed on the recall list and is not rehired after twelve (12) months, the employee will then receive severance.
An employee who has reverted to another group and whose basic salary is higher than the maximum of this group, shall receive a basic salary equivalent to the top of this group, but in any event the employee’s basic salary shall not be decreased by more than ten per cent (10%) on reversion.
An employee displaced may similarly elect to bump into the same or lower group in which he/she has worked or is qualified to work, or he/she may elect to take severance pay provided in Article 7.1.6.
While an employee is laid off, benefits under the pension plan shall not accrue to the employee. All contributions to the plan shall remain in the plan until such time as termination of the employee’s employment has been effected by submission and acceptance of the resignation, in writing, or termination in accordance with the provisions of this Agreement.
When an employee is terminated as set out in Article 7.1.1, the Employer will pay one hundred per cent (100%) of the cost of the employee’s medical and group insurance benefits except for Long Term Disability and Occupational A.D.&D. coverage for a period of six (6) months. Coverage will cease once an employee is re-engaged in other employment. It is the responsibility of the employee to notify the Employer immediately that such other work is obtained.
The Employer agrees to provide basic “outplacement services” to employees so terminated.
In the event of workforce reductions, employees will receive at least eight (8) weeks’ notice or eight (8) weeks’ salary in lieu of notice, plus accrued vacation pay.
Employees hired prior to May 13, 1996 will be considered terminated and will receive severance pay equal to three (3) weeks basic salary for each year of continuous service with the Employer, to a maximum of seventy-eight (78) weeks.
Employees hired after May 13, 1996 will be considered terminated and will receive severance pay equal to three (3) weeks basic salary for each year of continuous service with the Employer, to a maximum of sixty (60) weeks.
Severance pay will be calculated on a pro-rata basis to the nearest month. This severance payment shall be deemed to include any severance payment required pursuant to any statute and employees will be required to sign a release with the Employer.
Seniority means length of continuous service. Employment shall be deemed continuous with the Employer unless interrupted by (a) dismissal for just and sufficient cause, (b) resignation, and (c) a workforce reduction.
Seniority for full-time employees shall relate only to the order of layoffs, promotions, the choice of vacation periods and shift rotations.
Part-time employees shall accrue seniority based on the total number of hours worked. This seniority shall only be applied should an employee become full-time, and his/her seniority shall go towards full-time seniority on a pro-rated basis. The total number of hours worked (including vacation time) as a part-time employee will be recalculated to reflect full-time equivalency. (One full-time year of seniority equals 2080 hours.)
In the event an employee is laid off or granted a leave of absence without pay for up to one (1) year, employment shall be considered to be uninterrupted, but length of service shall not accrue until the employee resumes active status. If an employee is transferred to a position with the Employer outside the scope of the Guild bargaining unit, employment shall be considered to be continuous and length of service shall accrue.
There shall be no dismissals as a result of putting this Agreement into effect.
There shall be no dismissals or other discrimination against any employee because of membership or activity in the Guild; nor shall sex, age, race, creed, colour, national origin, marital or parental status, sexual or affectional preference, political affiliation, irrelevant physical handicap or family relationship be considerations in the dealing of the Employer or the Guild with any employee.
A new employee shall be a probationary employee for the first three (3) months of employment.
On written request of the Employer showing cause, the Guild may grant an extension of the probationary period to a maximum of three (3) months.
Student, part-time or freelance work performed for the Employer shall be given full credit in the event of such individual being hired full-time but this shall not cut the probationary period after full-time hire to less than six (6) weeks, except in the case of summer student positions where employees shall be given full credit for time served.
Probationary employees shall have all the benefits of this Agreement during their probationary period except that an employee dismissed for reasonable cause shall have the right to access the grievance procedure. For probationary employees, benefits depending on length of service shall be computed from the date of employment.
7.7 Technological Change7.7.1
In the event that the Employer introduces or permits to be used any process, machinery or equipment which substitutes for, supplements or replaces any present process, machinery or equipment which falls under the jurisdiction of the bargaining unit, then to such extent as such process, machinery or equipment falls under the jurisdiction of the bargaining unit, it shall be assigned to employees in the bargaining unit.
A technology committee consisting of representatives of the Employer and the Guild will be set up to understand fully the impact of any new technology that requires training, and to discuss any other concerns that the Guild may have.
ARTICLE 8 - SEPARATION OF EMPLOYMENT 8.1
Upon separation from the employ of the Employer, an employee shall receive all monies to which there is an entitlement. This shall include any outstanding earnings, vacation pay, banked overtime and severance pay.
In the case of death, these monies shall be paid to the designated insurance beneficiary which is recorded with Human Resources.
ARTICLE 9 - RETIREMENT 9.1
It is understood that participation in the CTV Defined Benefit Pension Plan shall be discontinued for all active members on December 31, 2016.
The CTV Defined Benefit Pension Plan shall provide a benefit to all employees who are enrolled in the plan and it shall be the Employer’s obligation to fund the plan in accordance with all federal and provincial statutes. In addition, employees enrolled in the CTV Defined Benefit Pension Plan will be eligible to receive a Special Retirement Allowance (SRA) in accordance with this agreement.
Employees enrolled in the CTV Defined Contribution Plan shall cease participation in this plan on December 31, 2016.
Effective January 2017 all employees shall participate in the Bell Defined Contribution Pension Plan as outlined and presented to the Guild with contributions as follows:
MEMBER 0% 1% 2% 3% 4% 5% … 12%EMPLOYER 4% 5% 6% 6% 6% 6% … 6%
The Employer shall furnish the Guild or its accredited representative with all available information on the company pension plan, including copies of the master agreement with the covering body.
The Employer shall provide each employee with a comprehensive annual statement of the individual's contributions to the pension plan.
ARTICLE 10 - DISCIPLINE 10.1
An employee shall not be given a written reprimand, suspension, or discharge except for just and sufficient cause. The Guild and the employee shall be notified in writing at least two (2) weeks in advance of any disciplinary dismissal with the specifications of the fact alleged to constitute just and sufficient cause. The Employer may pay two (2) weeks’ salary in lieu of work for that period.
An employee and the Guild shall be advised within ten (10) working days of the contents of any written review or report that has been placed in the employee's file. The employee and the Guild shall be furnished with a copy of any complaint or accusation that may be detrimental to advancement or standing with the Employer. Employees shall have the right to respond in writing within ten (10) days to any criticism of their performance and to have this response included in the individual's file. An employee or the Guild shall have the right to review the file at any time during normal business hours and shall be provided copies of any material therein upon request. If this procedure is not followed, such expressions of dissatisfaction shall not become part of the employee's records for use against the individual at any time.
Adverse comments on an employee's file shall be removed after eighteen (18) months have elapsed since the occasion(s) first giving rise to those comments, and provided no further disciplinary action of any nature has been documented during this period.
ARTICLE 11 - HOURS AND OVERTIME 11.1
The five (5) day, forty (40) hour work week shall obtain and commence at 00:01 Monday.
11.1.1 Modified Work Week
The Employer will consider requests from the Guild for a modified work week.
Requests shall be submitted to Human Resources, in writing, at least thirty (30) days prior to the commencement of the schedule change and thirty (30) days’ notice shall be given should either the employee or the Employer elect to discontinue the modified work week.
Upon return from child care leave, employees choosing to work a modified week shall receive prorated postnatal leave pay as provided in Article 15.4 of the Collective Agreement.
Proposals for a modified work week must be approved by the Guild prior to the commencement of the schedule change.
11.2Hours and Days of Work 11.2.1
The working day shall consist of seven and one-half (7 1/2) hours within eight (8) hours. The other one-half (1/2) hour will be used for a paid meal period. The work week shall consist of five (5) work days within seven (7) calendar days. Unless mutually agreed, an employee shall not be required to work more than seven (7) consecutive days, excluding time worked on scheduled days off.
There shall be no assignment of split shifts and all hours scheduled or assigned with respect to any day shall be continuous except as outlined in Article 11.4.
News meetings and other meetings with supervisors which employees are required to attend shall be considered time worked and shall be compensated at the applicable rate.
The Employer shall compensate for all assigned overtime as follows:
(2 1/2) hours of work beyond eight (8) hours in any one day;
•At the rate of double time for the hours worked past two and one-half
(2 1/2) hours of overtime worked in any one day.
Overtime shall be defined as work beyond the unit of hours in the work day or days in the work week or any work performed outside of properly posted scheduled hours.
The Employer shall cause to be kept records of all overtime, including banked time off to be taken in lieu of cash. The Employer shall notify the employee in writing of all accumulated
banked time within the fiscal year, up to and including June 30th. Such information shall be posted no later than June 30th each year. Copies of such records shall be given to the Guild upon request, except that the Employer shall not be required to provide overtime records for a period longer than thirteen (13) months preceding the date upon which such a request is made.
Employees required to return to work after their regular working day shall be paid for the time worked, but not less than four (4) hours at the applicable overtime rate, in addition to a regular salary.
Employees required to work from their residence outside the scheduled shift shall be paid for the time worked at the rate of one and one-half (1 1/2) times the basic hourly rate with a minimum credit of four (4) hours.
11.5Change of Start Time
Employees required to start work earlier or later than their regular working day, shall be notified as soon as possible. An employee who is not notified by 5:00 p.m. or the end of his/her shift on the day prior, whichever is later, shall be paid an additional one-half (1/2) of the basic hourly rate computed separately from the work week for those hours by which the shift was so changed.
11.6Work on a Day Off 11.6.1
An employee required to work on a day off shall be paid at the rate of time-and-one-half
(1 1/2) for a minimum of eight (8) hours.
Work beyond the regular shift on a day off shall be paid at the rate of double time.
Employees who perform work on a second consecutive day off shall be paid at the rate of double time for a minimum of eight (8) hours, and at the rate of double time-and-one-half
(2 1/2) for work performed beyond eight (8) hours on the second consecutive day off.
11.7Day Off Out-of-Town
An employee who must spend a day off out-of-town due to the nature and scheduling of an assignment shall receive a per diem or the appropriate meal allowance, as set forth in Article 19.4.
Work schedules shall be posted electronically as early as possible, but in no event later than four (4) weeks prior to their taking effect. For scheduling purposes, the work week shall be defined as running from 00:01 Sunday to 23:59 Saturday.
The Employer shall make every effort to schedule days off on weekends as frequently as possible and days off shall be scheduled consecutively, except in the event of a pre-emption, statutory holiday, or when an employee is scheduled Sunday and Monday as days off.
Except as mutually agreed, no employee shall be required to work more than three (3) consecutive weekends. Weekends shall be defined as Saturday and/or Sunday.
There will be no changes in days off one (1) week prior to the days off without the employee's consent.
Notwithstanding Article 126.96.36.199, an employee's schedule may be changed without the individual's consent up to seventy-two (72) hours prior to the date to be changed when news programs are pre-empted due to late changes in playoff sports coverage.
The Employer shall endeavour to schedule shift workers on the same shift, with the same start time, for at least five (5) consecutive days.
Evening and weekend shifts will be assigned to Reporters. In the event a part-time Reporter is not available for the evening/weekend shifts so assigned, such shifts will be assigned to a full-time Reporter based on inverse seniority. Upon request, senior staff can choose to regularly be scheduled to work evening and weekend shifts.
Full-time employees shall have the option to claim, based on seniority, dayside shifts before part-time employees in the event of illness, vacation or other reason.
Full-time employees who are qualified shall be given first opportunity to cover reporting and
anchor shifts on stat holidays and in the event of unexpected leave. If all qualified
employees refuse to work, the Employer may assign the work to any qualified employee
within the bargaining unit in inverse order of company seniority.
11.9 Banked Time
An employee may elect to take time off in lieu of cash for overtime hours worked as follows:
An employee may bank up to a maximum of ten (10) days per fiscal year, January 1st to December 31st. Any time off under this letter must be pre-approved by the employee’s manager not to exceed forty (40) hours at one time.
(i) An employee may accumulate and take equivalent time off in lieu of payment for overtime hours, work on a day off, or work on a holiday and shall record the equivalent hours on their time sheet/time entry.
(ii) This banked time may be accumulated January 1 – December 31. Banked time can be scheduled to be taken at a time mutually agreed to buy the employee and their supervisor.
(iii) The rate of accumulation shall be determined by the rate of pay provided in the pertinent section of the Agreement.
(iv) An employee may request that some or all of their banked time be paid out at any time.
(v) If employment is terminated for any reason, accrued banked time shall be liquidated in cash.
ARTICLE 12 - HOLIDAYS 12.1.1
Each employee shall have the following holidays with full pay: New Year’s Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and two (2) floating holidays to be taken by mutual agreement between the employee and the Employer.
New employees will qualify for the Floaters Days according to the following:
●The employee is eligible to two (2) Personal Floater Days if actively at work for at least nine (9) months in the calendar year.
●The employee is eligible to one (1) Personal Floater Day if actively at work for at least three (3) months but less than nine (9) months in the calendar year.
●The employee is not eligible to Personal Floater Days if actively at work for less than three (3) months in the calendar year.
Personal Floater Days not taken during the calendar year are forfeited and cannot be carried over from one calendar year to another.
Regular full and regular part-time employees whose normal day of work falls on a statutory holiday may substitute one or more of the above noted statutory holidays for ethnic, racial or religious reasons. In other words, the employee would work one or more of the recognized statutory holidays (excluding statutory holidays when there may be no newscasts, e.g. Christmas Day and New Year’s Day) at straight time pay and receive equal time off to observe their individual holiday.
Part-time employees shall be entitled to pay for a general holiday on which they do not work the greater of, not to exceed one-fifth (1/5) of the basic weekly rate of pay:
(a) 10% of their earnings, excluding overtime and differential payments, for the pay period immediately preceding the holiday;
(b) 5% of their earnings, excluding overtime and differential payments, for the two (2) pay periods immediately preceding the holiday.
Before November 1st in any year, employees may notify the Employer of requests for additional time off at Christmas or New Year’s. Where such requests are granted, seniority shall be a factor. The Employer shall post the Christmas / New Year’s schedule by November 15th.
The work week in which any one of these holidays falls shall consist of four (4) working days as defined in Article 11.2. The work week in which two (2) of these holidays falls shall consist of three (3) working days under the same definition. If the employee's day off falls on a statutory holiday, the day owed shall be taken on the working day immediately before or after the employee's days off.
The Employer recognizes the right of employees to have the statutory holidays in time off and will endeavour to schedule employees off on this basis. To this end, the Unit Manager or Manager of Operations and Web will accept written requests for the time off two (2)
weeks in advance of the holiday and endeavour to grant such requests, taking into consideration seniority and the operational requirements of the holiday news schedule. The Employer will subsequently post a revised schedule one (1) week in advance of the week in question. Employees required to work on a statutory holiday shall have the option of taking premium pay in cash or time off subject to the limitations on banked time set out in Article 11.9.
Employees required to work on a holiday defined in this Section shall be paid at the rate of double time for a minimum of eight (8) hours in addition to their regular salary. All hours worked on a statutory holiday beyond eight (8) shall be compensated for at the rate of double time and a half in addition to their regular salary.
ARTICLE 13 – ANNUAL LEAVE 13.1 Annual Vacations
Employees shall be entitled to an annual vacation with pay in accordance with the table below, in the year in which the employee is to complete the required number of years of service:
Years of Service Vacation Days
Less than 1 1.5 days per month for a maximum of 15 days
1 – 6 15 days
7 – 11 20 days
12 – 17 23 days
18 – 24 25 days
25 and over 30 days
Employees who have already reached a vacation entitlement that is greater than Bell’s policy as of January 1, 2017, will be grandfathered at their existing entitlement until they reach a higher vacation entitlement under Bell’s policy.
The annual vacation year is January 1st to December 31st. The number of years of service attained by December 31 of the vacation year determines vacation eligibility.
Vacation must be taken between January 1 of the calendar year in which they are earned and end of April 30th of the following year. Employees who at the signing of this Agreement had remaining credits prior to December 31, 2016 will be allowed to bank these credits and must use these credits prior to December 31, 2018.
13.2Scheduling of Annual Leave 13.2.1
The employee annual leave entitlement will be accessible on the Bellnet Website at the beginning of January each year.
Requests for annual leave of five (5) days or more shall be submitted at least three (3) weeks in advance, except as follows:
Requests to take annual leave during the June 1 - September 30 summer vacation period must be submitted by April 15th. The Employer shall post the summer annual leave schedule by May 1st. During the summer vacation period, no blocks of annual leave over four (4) weeks will be taken, unless approved by the News Director or by the Executive Producer - News or their designate.
Vacation periods shall be scheduled between May 15th and October 15th, and preference shall be given employees on the basis of Company seniority within the job classification.
The employee’s application shall be submitted in writing, on a form prescribed by the Employer, by April 15th. Vacation requests shall be approved by May 1st of each year. Conflicts in vacation preference shall be identified as soon as possible to the employees concerned so that accommodations can be made.
Vacations may be granted outside the vacation period when requested by the employee and approved by the Employer. Applications outside of the vacation period will not be unreasonably denied. Such requests will also be given preference based on Company seniority within the job classification as described above. An employee’s application for vacation leave between October 15th and May 1st shall be submitted in writing, on a form prescribed by the Employer and must be submitted to the Employer at least two (2) weeks in advance of the dates requested.
It is noted that while preference for vacation is based on Company seniority within job classification, requests of five (5) days or more take preference over requests for less than five (5) days.
It is agreed that full-time employees cannot cancel approved annual leave requests when a part-time employee has already accepted work for the annual leave period in question.
If the Employer must reschedule an employee's already approved or posted annual leave and such rescheduling results in extra costs to the employee because of late changes in travel plans, the Employer shall reimburse the employee for such costs. In addition, should the employee wish to cancel their already approved and posted annual leave, the employee must do so at least three (3) weeks prior to the start of said scheduled leave.
The Employer shall not interfere with annual leave except that, when reasonable, the Employer may change vacations to meet sudden and unpredictable increases in production load.
An employee whose annual leave time includes a holiday shall receive an additional day of annual leave. Where possible the days off of each employee in the weeks preceding and following their annual leave shall immediately precede and follow their vacation.
Vacation not taken in time off prior to leaving the Employer will not be paid (except what is required by the Labour Code if applicable). In such circumstances, the employee’s vacation eligibility before leaving the Employer is prorated according to the portion of the year worked.
In the event an employee agrees to work on a day of their vacation they will be compensated at three (3) times their basic rate for all hours worked with a minimum payment of at least eight (8) hours. It is understood that the "annual leave period" shall be deemed, for the purpose of this clause, to include only the two (2) scheduled days off immediately following the annual leave week or weeks. The Employer shall pay reasonable traveling expenses in such event. There shall be no penalty for refusing to work during the vacation period.
Should an employee be hospitalized or is bedridden while on annual leave, those annual leave days spent in hospital or confined to bed shall be considered sick leave and not deducted from the employee’s annual leave bank upon submitting written evidence provided by a physician.
ARTICLE 14 - SICK LEAVE 14.1
An employee who is absent on account of sickness or quarantine, shall be paid for continuous absence prior to the eighth (8th) full calendar day of such absence.
Upon the eighth (8th) full calendar day of an absence covered under Section 11.1.1 such an absence shall be treated in accordance with applicable Employer short term disability policy.
Sick leave with pay will not apply during the first three (3) months of employment.
Sick Leave will be paid subject to the following conditions:
(a) A written declaration of illness will be required for each absence and a doctor’s certificate is to be attached if the absence extends to more than three (3) days. A subsequent doctor’s certificate may be required to substantiate the length of a claim or to verify that an employee is capable of returning to active duty.
(b) Employees shall give as much notice as possible when calling in sick to those persons responsible for their scheduling, a minimum of one (1) hour prior to the start of their tour of duty.
(c) The Employer agrees to pay for any reasonable cost, upon submission of an invoice, for obtaining a medical certificate. It is expected that an employee will obtain the required certificate in conjunction with a regular doctor visit. However, the Employer will give consideration to any exceptions.
Absence because of illness or incapacity shall not interrupt an employee's accumulation of vacation credits for a period of up to six (6) months. Vacation credits shall not accumulate during the period when an employee is in receipt of LTD benefits. There shall be no loss of seniority while an employee is on sick leave.
14.4 Sickness During Leave of Absence and on Holidays 14.4.1
Should an employee fall sick while on an authorized paid leave of absence, sick leave will not be paid until the expiration of that leave.
Should an employee fall sick on a statutory holiday, the holiday cannot be claimed as sick leave.
14.5 Medical and Group Insurance
Effective January 2017 employees will transition to the Employer’s Omniflex Benefits Plan. The benefit plan shall provide each employee with a choice of options available for single, couple and family coverage for medical, dental and insurance coverage as well as STD and LTD Disability Plans. Details of the various benefits shall be as discussed and presented to the Guild and its members in November 2016. The Employer also agrees that in the event there are changes to the benefit plan, the Employer will meet with the Guild to review and discuss such changes.
ARTICLE 15 - LEAVES OF ABSENCE 15.1
Upon request the Employer shall make every effort to grant employees leaves of absence.
Leaves provided in this Article shall not constitute breaks of continuity of service in the computation of severance pay, annual leave (except as specifically defined in the Employer policy), and other benefits under this Agreement, but leave under Article 15.3 may be deducted in computing severance pay. This Section does not apply to those elected to the House of Commons or the Legislature.
15.3 Guild Leave 15.3.1
If an employee is elected or appointed to any position in The NewsGuild/CWA, CWA/SCA Canada, CLC, OFL, IFJ or Local 30205 of CWA/SCA Canada, such employee, upon request, shall be given a leave of absence without pay, for a period not to exceed two (2) years, unless approved by the Employer, and shall be reinstated in the same or comparable position upon the expiration of such leave. Requests for a leave of absence for more than one (1) employee under this Article must be approved by the Employer.
A leave of absence without pay shall be granted upon request to an employee elected or appointed a delegate to conventions of The NewsGuild/CWA, CLC, OFL, IFJ or Local 30205 of CWA/SCA Canada and to delegates to special meetings called by CWA/SCA Canada. Requests for a leave of absence for more than one (1) employee must be approved by the Employer.
Upon request by the Guild, the Employer will release without loss of pay or other benefits three (3) employees named by the Guild for negotiation meetings.
For the purpose of preparation for collective bargaining between the Guild and CTV Ottawa, leave without pay shall be granted to a maximum of three (3) employees named by the Guild.
Except in an emergency, two (2) weeks’ notice shall be given to management of all Local Executive meetings. The Unit Chairperson or their designate shall be given the day off without loss of pay. The Guild agrees to reimburse the Employer for this day.
15.4 Leave for Employees with Child Care Responsibilities
An employee who has completed six (6) consecutive months of continuous employment with the Employer shall be granted child care or adoption leave, without pay, under the conditions of eligibility set forth in the applicable Employer practices currently in effect, or as amended from time to time following consultation with the Guild.
In addition, a regular employee who has completed six (6) consecutive months of continuous employment with the Employer and who meets the conditions of eligibility contained in the applicable Employer practices, shall receive an allowance under the Supplemental Allowance Plan in accordance with these same practices.
The Employer shall not dismiss, suspend, layoff, demote or discipline an employee because an employee is pregnant or has applied for leave under Article 15.4. Pregnancy or intention to take leave is not to be taken into account in any decision to promote or train the employee.
Bereavement leave with pay shall be granted when an employee is required to be absent due to a death in the employee's immediate family, in accordance with the following:
•Five (5) days -- mother, father, spouse (includes common-law relationships of one (1) or more years), child, step-mother, step-father, step-children;
•Three (3) days -- legal guardian, brother, sister, mother-in-law, father-in-law, grandparent, grandchild, daughter-in-law, son-in-law, any relative permanently residing in the employee's residence or with whom the employee resides;
•One (1) day -- brother-in-law, sister-in-law, grandparent-in-law, aunt, uncle.
Extended leave may be granted on compassionate grounds. Such leave will be for the number of scheduled working days as outlined above which fall within the period immediately following the day on which the death occurred. Entitlement shall not apply when an employee is on a leave of absence or on sick leave.
Where the funeral occurs outside a two hundred and forty (240) kilometre distance from Ottawa, such leave shall also include reasonable travel time up to an additional two (2) days with pay as required.
Specific requests for family related leave shall be granted to an employee who is required to be absent to care for a sick child or other dependant family member, to accompany a child or spouse to a medical appointment, to make alternate arrangements when caregivers are sick and, other family emergencies.
Employees shall be entitled to such leave with pay for up to three (3) days per calendar year; new employees shall be entitled to such leave on a pro rata basis, i.e. one day for each four (4) months of service during the first calendar year of employment.
15.8Rules on Replacements and Notice of Return
When a leave of absence is for three (3) months or more, an employee must advise the Employer in writing, at least one (1) month before the expiration of the leave, of their return to the position. The Employer may, as a result of their return, reduce the staff by terminating the term employee hired to replace the person on leave of absence.
The term employee so terminated shall return to their previous position if appointed from within.
Employees hired or promoted as a replacement for an employee taking a leave of absence under this Section shall be given a written notice to that effect at the time of such employment or promotion, said notice to state which employee they are replacing, and a copy of such notice shall be sent to the Guild.