CITYTV VANCOUVER & OMNI BC OPERATIONS, A DIVISION OF ROGERS MEDIA INC.
SEPTEMBER 1, 2021
August 31, 2024
Table of Contents
ARTICLE 1 – Intent
ARTICLE 2 – Bargaining Unit
ARTICLE 3 – Management Rights
ARTICLE 4 – Employee Definition
ARTICLE 5 – Employee Categories
ARTICLE 6 – Work Assignments
ARTICLE 7 – Outside Activities
ARTICLE 8 – Notification
ARTICLE 9 – Union Security
ARTICLE 10 – Union Activities
ARTICLE 11 – Union Leave
ARTICLE 12 – Non-Discrimination
ARTICLE 13 – Strike or Lockouts
ARTICLE 14 – Seniority
ARTICLE 15 – Probationary Period
ARTICLE 16 – Layoffs
ARTICLE 17 – Technological Change
ARTICLE 18 – Vacancies and Promotions
ARTICLE 19 – Joint Labour Management Committee
ARTICLE 20 – Discipline
ARTICLE 21 – Grievance and Arbitration
ARTICLE 22 – Annual Vacations
ARTICLE 23 – General Holidays
ARTICLE 24 – Compensatory Leave
ARTICLE 25 – Leaves of Absence
ARTICLE 26 – Sick Leave
ARTICLE 27 – Health and Welfare
ARTICLE 28 – Hours of Work
ARTICLE 29 – Work Week and Days Off
ARTICLE 30 – Scheduling
ARTICLE 31 – Meal Periods
ARTICLE 32 – Rest Periods
ARTICLE 33 – Overtime
ARTICLE 34 – Call Back
ARTICLE 35 – Turnaround
ARTICLE 36 – Night Premium
ARTICLE 37 – Upgrading
ARTICLE 38 – Clothing and Tool Allowance
ARTICLE 39 – Auto Expenses
ARTICLE 40 – Travel
ARTICLE 41 – Safety
ARTICLE 42 – Classifications and Salary Groups
ARTICLE 43 – General Salary Provisions
ARTICLE 44 – Duration of Agreement
LETTER OF UNDERSTANDING #1 – Training and Development
LETTER OF UNDERSTANDING #2 – Administration of Rogers Short-Term and Long-Term Disability Programs
LETTER OF UNDERSTANDING #3 – Health & Welfare
LETTER OF UNDERSTANDING #4 – Pay Equity
APPENDIX “A” – Harassment Policy
1.1 It is the purpose of this Agreement, in recognizing a common interest between the Company and the Union in promoting the fundamental principles of creativity and innovation in broadcasting and the utmost co-operation and friendly spirit between the Company and its Employees, to set forth conditions covering rates of pay, hours of work and conditions of employment to be observed between the Parties and to provide a procedure for prompt and equitable adjustment of grievances. To this end, this Agreement is signed in good faith by the two (2) Parties.
1.2 It is recognized that the Company operates in a creative and innovative fashion, subject at all times to public judgement and regulatory authority, that creative work carries a creative responsibility and that the unique principles which are a part of the Company’s history shall continue in the future, subject to the provisions of this Agreement. It is the intent of both Parties that this Agreement support and reflect these goals.
2.1 The Company recognizes the Union as the exclusive bargaining agent for all Employees in the Bargaining Unit as defined by the Canada Labour Relations Board decision dated October 20, 2011 and as amended from time to time or as altered by agreement between the Parties. The Bargaining Unit shall consist of:
All Employees of CITYTV Vancouver and all operations Employees of OMNI BC employed by Rogers Media, Inc., c.o.b. as OMNI BC and CITYTV Vancouver, excluding:
Sales Representative, Manager of Sales and above; Managing Producer and above; Assignment Editor; Producer; Host; Director; Senior Director; Technical Director; Director of Promotions/ Creative Services; Director of Operations; Production Manager; Executive Assistant, Business Manager, News; Manager of Information Technology and above; Vice President and General Manager; Manager Facilities/Assistant Manager Operations; Publicist; Media Research Analyst.
2.2 The Parties recognize that broadcasting requires the continued maintenance of high standards of performance, creativity, and marketability (image) which, with respect to the “On-Air Talent”, are not capable of definition in solely objective terms. The Parties also agree and understand that “On-Air” performers (reporters – all levels – and Video Journalists) are an integral part of the image and character of a television station.
2.2.1 The Company will provide direction and assistance to such Employees to assist the Employee in achieving necessary standards of performance, creativity and being highly acceptable to the viewing audience. Where an “On-Air” performer is not achieving such a standard (or standards), in the sole opinion of the Company, the Company shall provide the Employee with a first written notice clearly describing the manner in which the Employee has fallen short of any standard(s). The notice shall also describe, in reasonable detail, the improvements the Employee must achieve. The Company will then provide further reasonable direction and assistance to the Employee. in the event the Employee again falls to meet necessary standards, the Employee shall receive a second written notice in the same manner as the first written notice. If, after thirty (30) days of additional reasonable direction and assistance from the Company the Employee is unable to meet the necessary standards, the Company reserves the right to remove the Employee from the classification. Such right shall not be exercised in an arbitrary or discriminatory manner.
2.2.2 An Employee so removed shall exercise one (1) of options (i) or (ii) as described in (2.2.4) below. The right to remove an Employee from their role shall not be in addition to and not in substitution for, the Company’s right to apply discipline, which may only be exercised for just cause.
2.2.3 Due to the uniqueness of the conditions of employment for “On-Air” performers, extraordinary compensation arrangements may be necessary. It is therefore agreed that the Company may enter into special, fixed length contracts with “On-Air” staff Individually to cover compensatory provisions, providing that such terms as a package, are not inferior to the terms (as a package) contained in the Collective Agreement.
If the Collective Agreement and the personal service contract conflict, the Collective Agreement shall apply. However, where the personal employment contract exceeds the terms of the Agreement, or sets terms and conditions of employment where the Collective Agreement is silent, the employment contract shall apply. Such contracts may contain a non-compete clause within the Vancouver broadcast area.
In recognition of the Union’s status as exclusive bargaining agent, the Union may represent Employees within the Bargaining Unit, at an Employee’s option, in the negotiations of “On-Air” talent contracts. A copy of the contract will be provided to the Union within ten (10) days.
2.2.4 An Employee removed from their classification under the Article shall select one (1) of the following options:
(i) Receive a bi-weekly severance payment or as outlined in their personal services contract or commensurate with their service as of the date the removal takes place as follows:
- Post probation to three (3) completed years of service — three (3) months’ severance pay.
- More than three (3) years’ service – four (4) weeks of pay for each year of service with pro-rata credit for any part year of service (calculated to the nearest month) to a maximum of seventy-eight (78) weeks of severance pay;
Such severance pay shall include and be in lieu of any notice or severance pay obligations established by the Canada Labour Code and other applicable statute or legal requirement;
(ii) Exercise their seniority to displace a less senior Employee or fill a vacancy in any other job classification or category other than an “On-Air” Talent classification (reporters — all levels and Video Journalists), in which the Employee has previously successfully performed the duties of the other classification or has the ability to perform the job immediately upon reassignment or following a reasonable familiarization period of four (4) weeks. In the event a less senior Employee is displaced by an “On-Air” Talent, the Employee shall be permitted to exercise their seniority rights as per the Collective Agreement. An “On-Air” Talent who exercises their seniority rights under this Article to displace a less senior Employee shall have their previous salary maintained for the first three (3) calendar months in their new classification, following which the Employee shall receive the rate on the salary scale of their new classification which is closest to their previous rate;
2.2.5 Pending Management approval, which shall not be unreasonably withheld, an Employee terminated pursuant to this Article shall be granted reasonable access to Company facilities or materials to produce “air-checks” and such other material that may be required to assist the Employee in securing new employment.
2.2.6 In cases of layoff or workforce reduction, as outlined in Article 16, the Company shall determine the number and type of “On-Air” positions to be laid-off and shall have the sole and exclusive right to determine which “On-Air” performers will be affected by layoff. An Employee released pursuant to Article 2.2.6 shall select one (1) of the options outlined in 2.2.4 above.
3.1 The Company shall retain sole and exclusive jurisdiction and control over all matters not expressly limited by the clear and explicit language of this Agreement. Such matters shall include but in no respect be limited to the following:
(a) the right of the Company to hire, promote, transfer, demote and lay off Employees, and to suspend, discharge or otherwise discipline Employees for Just Cause, subject to the right of any Employee to lodge a grievance in the manner and to the extent as herein provided;
(b) the right of the Company to operate and manage or discontinue its operation in all respects, and to maintain and improve order and efficiency in its facilities, and to determine the scheduling of its production; and
(c) the Company has the right to make, alter and enforce reasonable rules and regulations to be observed by Employees including regulations arising from legislation provided that the rules and regulations are not in conflict with this Collective Agreement.
The functions of Management as herein set out shall be exercised at the sole discretion of the Company from time to time but always in a manner which shall not violate the terms of the Collective Agreement.
4.1 The term ‘Employee” as used in this Agreement shall mean any person included within the Bargaining Unit referred to in Article 2.1.
4.2 Whenever in the wording of this Agreement gender is used, it shall be understood to include all genders.
4.3 “Employee” shall include any person employed in any job classification created in the future which the Parties by mutual consent decide to include within the Bargaining Unit. Where mutual consent is not reached on whether the position should be in the Bargaining Unit, such failure to agree on the inclusion of the position shall not become a subject for grievance under this Agreement but may be referred by either Party to the Canada Labour Relations Board.
4.4 The Company will give the Union, in writing, the proposed job description and proposed salary level where:
(a) the Company wishes to create a new job classification within the Bargaining Unit; or
(b) the Canada Labour Relations Board determines that a new job classification, referred to it in accordance with Section 4.3, and included within the Bargaining Unit.
Failing agreement on the appropriateness of the new classification or on the salary level, either Party may refer the matter to an Arbitrator named in this Agreement. The Arbitrator shall have the authority of an interest arbitrator and shall make a final determination of the matter, notwithstanding any provision of this Agreement that otherwise would limit the Arbitrator’s authority.
5.1 All Employees covered by this Agreement shall be considered full-time Employees of the Company except as provided herein.
5.2 A part-time Employee is defined as one hired on a regular basis to work a limited shift but less than thirty-two (32) hours per week. Where a part-time Employee performs work of a temporary nature as defined In Article 5.3 such hours worked shall be excluded from the thirty-two (32) hours per week limit.
5.2.1 Part-time Employees shall be paid on an hourly basis at a rate equal to 1/2080 of the annual salary of the wage group to which the Employee is assigned. Part-time Employees shall receive credit on the salary scale of the group to which they are assigned for the total accumulated hours from the initial date of hiring, calculated to the last completed month.
5.2.2 All Articles of this Agreement shall apply to part-time Employees except for the following Articles:
(a) Article 14 — Seniority. Company seniority shall be calculated separately for part-time Employees as distinct from full-time Employees. Seniority for part-time hours shall be calculated on the basis of regular hours worked (i.e. 2,080 hours worked equals one (1) year of seniority).
(b) Article 16 — Layoffs
(i) Notwithstanding the above, part-time Employees who are laid-off will be entitled to severance based upon their accumulated seniority. The last twelve (12) pay periods shall be used to calculate the weekly average hours worked.
(ii) It is also understood that in the event that a part-time Employee is laid off, the Employee may exercise their accumulated seniority to displace a less senior Employee in any classification or category within any salary group at the same or lower level, in accordance with Article 16.4.
(c) Article 17 — Technological change
(d) Article 18 — Vacancies and Promotions — Full-time Employees continue to receive preference for full-time job vacancies.
(e) Article 22 — Part-time Employees shall receive vacation pay on each pay period in accordance with the Canada Labour Code, i.e. 4% or 6% after six (6) consecutive years. Part-time Employees shall be eligible for two (2) calendar weeks per vacation year for which they will not be scheduled to work. After six (6) consecutive years of employment, part-time Employees shall be eligible for three (3) weeks per vacation year for which they will not be scheduled to work. Part-time Employees must request such vacation time at least thirty (30) calendar days in advance.
(f) Article 23 — General holidays — Part-time Employees shall be paid one and one-half (1 ½) times their basic rate for all hours worked on a holiday with a minimum credit of four (4) hours. In addition, part-time Employees shall receive holiday pay, at their basic rate calculated on a pro rata basis, based on the average number of hours worked per day in the previous thirty (30) calendar days, whether work is performed on the holiday or not.
(g) Article 26 — Sick Leave
(h) Article 28 — Hours of Work — a four (4) hour minimum tour shall apply and part-time Employees are not eligible for overtime until after eight (8) hours in a tour and when hours worked are in excess of the scheduled tour of duty.
(i) Article 29.4 — Weekends Off
(j) Article 38 — Clothing and Tool Allowance — except as provided in 38.1.1
5.3 A temporary Employee is defined as one hired for a particular show or production; one who covers vacation, maternity/childcare leave, sick leave or leave of absence for another Employee or who is engaged for employment during peak workload periods, subject to the following:
(a) Except for maternity/child care leave or extended leave of absence replacement, no period of full-time temporary employment shall exceed twelve (12) months of continuous employment.
(b) It is recognized that circumstances may arise where special program production requirements may require the hiring of temporary Employees for periods longer than twelve (12) months. In such cases, extensions of the temporary assignment will be agreed to by the Parties in the circumstances where it is reasonable to do so.
(c) Where a temporary position is required for a period in excess of twenty-four (24) months, a permanent position shall be posted.
5.3.1 All Articles of this Agreement shall apply to temporary Employees except as follows:
(a) Article 23 – General holidays. In lieu thereof, temporary Employees shall be paid one and one-half (1 ½) times their basic rate for all hours worked on such holidays.
(b) Articles relating to seniority, lay-off, recall, sick leave, health and welfare plan, annual vacation, technological change and compensatory leave shall not apply.
5.4 Part-time and/or temporary Employees will not be used to replace or to avoid hiring regular or full-time Employees.
5.4.1 Where a full-time Employee is capable and available to supplement the Company’s requirements for a particular show or occasion, a temporary Employee will not be used. The foregoing shall not apply where such circumstances would result in the full-time Employee being required to work more than five (5) days in any work week.
5.5 Job sharing shall be defined as an arrangement whereby two (2) Employees are allowed to split one (1) full-time job. The two (2) Employees would normally be in the same salary group.
5.5.1 Upon the request of an Employee, the Company may establish a job-sharing arrangement, provided that job sharing shall not result in the elimination of a full-time job, result in the lay off or downgrading of any Employee, be used to avoid replacing a full-time Employee, or affect the long-term scope of the Bargaining Unit. The decision to approve or deny a job-sharing request by an Employee is at the sole and absolute discretion of the Company.
5.5.2 The selection of Employees to participate in a job-sharing arrangement shall be in accordance with the following:
(a) Participation shall be limited to full-time, part-time or temporary Employees who have completed their probation period, including Employees on leave of absence who have completed their probationary period. At least one (1) of the Employees participating in the job-sharing arrangement shall be a full-time Employee prior to commencement of the arrangement.
(b) A full-time Employee shall apply in writing to their Department Manager indicating the reason for the request, including the hours and days of the week the Employee wishes to share and with whom the Employee contemplates sharing the job. A copy of such application shall be forwarded to the Manager of Human Resources and the Union.
(c) The Company shall post job sharing opportunities for a minimum of seven (7) calendar days. The applicant Employees with the most seniority shall be selected to participate in the job-sharing arrangement, provided such Employees are qualified to perform the duties and responsibilities of the position and further provided it is practical to release such Employees from their full-time jobs.
5.5.3 An Employee participating in a job-sharing arrangement shall be covered by all provisions of this Agreement, except as hereinafter provided:
(a) A full-time Employee who participates in a job-sharing arrangement shall retain their status as full-time under this Agreement.
(b) Seniority shall be in accordance with Article 14 of the Collective Agreement except that a full-time Employee who participates in a job-sharing arrangement shall retain all seniority earned prior to commencement of the job-sharing arrangement. During the term of the job-sharing arrangement, such Employee shall accumulate seniority in accordance with the provisions of Article 14.2 of the Collective Agreement.
(c) Sick leave and vacation leave benefits shall be pro-rated according to the number of hours worked.
(d) General holidays shall be in accordance with Article 5.2.2(f) of the Collective Agreement.
(e) Health and Welfare benefits shall be in accordance with the provisions of Article 27 of the Collective Agreement, except that the Company’s share of a full-time Employee’s benefits’ premiums shall be pro-rated according to the number of hours worked.
(f) The minimum tour of duty for such Employees shall be four (4) hours. The total of aggregate hours worked by both participants in a job-sharing arrangement shall be no less than forty (40) hours per week. Subject to the following paragraph, where the total aggregate hours worked by such participants are in excess of eight (8) hours in a tour, forty (40) hours in a week or five (5) days in a week, the Employee who works such excess hours shall be paid at the appropriate overtime rate. Notwithstanding the foregoing, such overtime rate shall not apply where:
(i) An Employee is involved in training to the extent as set forth in Article 37.3
(ii) An Employee is assigned to duties other than duties contemplated by job sharing under Article 5.5.
(g) Such Employees shall be paid on an hourly basis at a rate equal to 1/173rd of the monthly salary of the wage group and salary level to which the Employee is assigned. Progression up the salary scale shall be in accordance with the provisions of Article 5.2.1 of the Collective Agreement.
5.5.4 The Company or any participant in a job-sharing arrangement may terminate such arrangement by providing as much advance notice as possible but in no event less than two (2) weeks’ advance written notice. Upon termination of a job-sharing arrangement, any participant shall be entitled to return to the same or equivalent full-time position that they held prior to commencement of the arrangement.
6.1 It is recognized that circumstances and conditions exist and will continue to exist which may necessitate the use of non-Bargaining Unit personnel to carry out work covered by this Agreement, such work has been performed exclusively by Bargaining Unit Employees in the past.
6.1.1 Notwithstanding the provisions of Article 6.1, the Company agrees that use of non-Bargaining Unit personnel as contemplated by Article 6.1, shall not either directly cause nor significantly contribute to:
(a) the lay-off of a Bargaining Unit Employee; or
(b) the failure to recall a laid-off Bargaining Unit Employee in accordance with the provisions of Article 16.6 of this Agreement; or
(c) the failure to fill a full-time Bargaining Unit position or a part-time position, where the part-time position had been scheduled for work on a regular and recurring basis.
6.2 Where the Company hires non-Bargaining Unit personnel to perform work as contemplated by Article 6.1, the following shall apply, notwithstanding that the Collective Agreement does not apply:
(a) Such personnel shall be paid for a minimum of four (4) hours, at a rate not less than the top rate for the most senior classification to which the person would have been assigned had they been a Bargaining Unit Employee.
(b) The Company shall deduct from such personnel, an amount equal to the regular monthly dues of the Union. Such remittances shall include a statement showing the names of the non-Bargaining Unit persons from whom the deductions were made, an identification of the work performed and the amounts deducted.
6.3 Nothing in Article 6.1, 6.1.1 or 6.2 shall affect in any way the Company’s rights or Employees’ rights respecting lay-offs, nor the Company’s rights or Employee’s rights respecting technological change as those rights existed prior to the coming into effect of the said Articles.
6.4 The Company may make work assignments within and without an Employee’s classification for valid business reasons, subject to the following:
(a) Temporary assignments outside an Employee’s classification shall be for specified periods.
(b) A work assignment shall not be made for disciplinary reasons.
(c) A claim by an Employee that an assignment is discriminatory, in bad faith, unreasonable, or otherwise contrary to the Collective Agreement, may be made the subject of a grievance.
(d) Employees performing in a job function different from their regular function will not be penalized for errors, except where the same is caused by carelessness, or by a deliberate or malicious act.
6.5 Without their consent, no Employee shall be transferred or assigned to a position outside the Bargaining Unit. The Employee will not be penalized for such refusal.
6.6 The Union agrees to allow the use of students on practicum to perform Bargaining Unit functions when such students are assigned to work under the supervision of a Bargaining Unit member. Students shall not be used in order to replace a Bargaining Unit Employee on leave or vacation or to avoid the payment of penalties or premiums to regular or full-time Employees. Payment to students shall be at the discretion of the Company.
7.1 A full-time Employee shall not engage in outside activities or work which in any way are in direct competition with CITYTV Vancouver and OMNI BC, divisions of Rogers Media, Inc., or which are in any way in direct competition with a business owned and/or operated by CITYTV Vancouver a division of Rogers Media, Inc., except with the prior approval of the Company.
7.2 “Direct competition” shall be defined as participating in the production and/or programming of material, or commercial productions or commercials intended for sale, broadcast or other use.
8.1 The Company shall provide a monthly pay period report to the Union outlining any hiring, promotion or transfer or leave of absence affecting any Employee within the Bargaining Unit.
8.2 The Company shall, upon hiring a new individual into the Bargaining Unit, include in the report noted in Article 8.1 the starting rate of pay, level, job title and description to which the Employee is assigned. The Company shall also provide, a copy of the current Collective Agreement to the Employee, as provided by the Union.
8.3 The report shall be provided no later than one (1) month after the pay period in question.
9.1 The Company recognizes the Union as the exclusive bargaining agent for all Employees as defined by the Canada Industrial Relations Board. Employees will be members in good standing of the Union as a condition of employment.
9.2 During the term of this Agreement, the Company agrees to deduct monthly an amount equal to the periodic dues, assessments and initiation fees as levied by the Union. The amount of such deductions will be determined from time to time by the Union, and the Company will be notified by Registered Mail or email.
9.2.1 The Company agrees to remit the monies so deducted to the Union, with a copy to the Local Union, by the fifteenth of the month following the month for which the dues are deducted. The Company shall include with such remittance, a statement showing the following:
(a) the name, classification title and base salary of each Bargaining Unit Employee;
(b) the amount of dues deducted on base salary;
(c) the amount of dues deducted on additional earnings;
(d) the name of any Employee who has left Including leaves of absence or joined the Company since the last dues remittance.
10.1 Bulletin Boards
The Company agrees to the posting by the Union on Union bulletin boards of announcements regarding elections, meetings, negotiation developments and internal affairs of the Union.
10.2 Union Access to Premises
Where an accredited Union official wishes access to the Company’s premises, or any of its operations, they shall submit a request to do so in writing or email to the Company not later than twenty-four (24) hours in advance. The notification shall indicate the reason for which access is requested. Where permission is granted, it shall only be given to carry out Union business at reasonable times and in such a way as not to interfere with the normal operations of the Company.
10.2.1 Authorizations requested pursuant to this Article shall not be unreasonably withheld.
10.3 Union Activities
The Union and/or its Representatives and agents will not engage in Union activities, including conducting discussions regarding grievances, during working hours without prior Company permission. Company permission will not be unreasonably withheld. Nothing in this section precludes casual conversation which does not interfere with an Employee’s work.
10.4 Paid Education Leave
Commencing January 1, 2016, the Employer agrees to pay into a special fund an amount of one cent (.01¢) per hour for all compensated hours to provide for the Unifor Paid Education Leave (PEL) program. On January 1, 2020 the Employer agrees to pay into the special fund an amount of two cents (.02¢) per hour for all compensated hours.
Such payment will be remitted in the first quarter of the year into a trust fund established by the Unifor National Union effective from date of ratification. Payments will be sent by the Employer to the following address:
Unifor Paid Education Leave Program
115 Gordon Baker Road
Toronto, On, M2H 0A8
The Employer shall approve Education Leave for the members of the Bargaining Unit at the request of the Union. Candidates shall be selected by the Union to attend. The Union will provide written confirmation to the Employer of such selection. Employees on PEL leave of absence will continue to accrue seniority and service.
11.1 Upon request by the Union, the Company shall release without loss of pay or other earned benefits up to a maximum of three (3) Employees named by the Union to attend grievance meetings and/or negotiations meetings and a maximum of two (2) Employees to attend health and safety committee meetings with the Company upon reasonable notice being given. The obligation of the Company to provide leave without loss of pay shall not apply to arbitration proceedings.
11.2 Leave without pay will be granted to no more than three (3) Employees duly authorized by the Union to represent the members in order to conduct legitimate Union business (e.g. conventions, councils, labour-related courses and activities). A request for such leave shall be submitted at least fifteen (15) calendar days in advance.
11.3 No more than five (5) Employees will be granted leave for Union business at any one time, and no leave shall extend for longer than seven (7) days including travel time, except with the prior written approval of the Company. Such written approval will not be unreasonably withheld.
12.1 The Company will not interfere with, restrain, or coerce any Employee because of membership in or lawful activity on behalf of the Union. The Company will not discriminate in respect of hiring, tenure of employment, or any term of employment, because of membership in or lawful activity on behalf of the Union, nor will it discourage membership in the Union, or attempt to encourage membership in another union. The Company will not act in any other way which is prohibited by Section 184 or 186 of the Canada Labour Code.
12.2 The Union will not apply its membership rules or its standards of discipline in a discriminatory manner against any Employee. The Union will not act in any other way which is prohibited by Section 185 or 186 of the Canada Labour Code.
12.3 The Parties to this Agreement acknowledge that every Employee of the Company is entitled to employment that is free of sexual harassment. The Company shall make every reasonable effort to ensure that no Employee is subjected to such action in the workplace.
12.4 No Employee shall engage in an act of sexual harassment.
12.5 The Company and the Union recognize that every individual has the right to a workplace that is free from sexual, racial or personal harassment. The Company Policy is appended at the end of the Collective Agreement for information purposes and shall act as a guide to Employees in adhering to legal and social guidelines regarding the recognition and prevention of harassment. Any Employee who believes that they are being subjected to harassment should follow the process as described in the Policy. Complaints will be taken seriously and will be immediately investigated by the Company. If the complaint is found to be justified, action will be taken against the harasser; such action could include but not be limited to: apology, reprimand and possible termination of employment. When an Employee is not satisfied with the outcome of an investigation they may file a grievance in accordance with Article 21 of this Agreement. The Parties agree that the discharge of normal supervisory duties does not constitute personal harassment.
The Company may amend the Policy from time to time to comply with Federal regulations. In the event the Company proposes to amend the Policy in a substantive manner, (other than for purposes of compliance with legislation) it shall discuss such changes, amendments and revisions with the Representatives of the Union at a Joint Management/Union meeting for this purpose. The Union will be allowed to make recommendations to the Company at such a meeting and immediately thereafter.
Strike or Lockouts
13.1 The Union will not cause, nor permit its members to cause, nor will any member of the Bargaining Unit take part in a slow down or a strike, either a sit-down or stay-in, or any other kind of strike, or any other kind of interference or any work stoppage whatsoever, either total or partial, of any of the Company’s operations during the term of this Agreement. The Company will not cause, nor permit its Employees to cause, engage in or permit, a lock-out of any of its Employees within the Bargaining Unit during the term of this Agreement.
13.2 Picket Lines and Struck Work
The Company will not require any Employee to cross a lawfully established picket line. This shall not apply to a picket line established at the Company premises or facilities during the term of this Agreement.
13.2.1 Employees gathering news may attend at a strike location and at their discretion, cross a picket line in the execution of their duties.
13.3 The Company will not originate a program or programs not normally fed to a struck or locked-out facility. The recording or transmission of programming that is transmitted to the Company from another facility from which programming is normally received will not be impeded by an Employee, even if the persons employed at that other facility are on strike or locked out.
13.4 The maintenance or operation of any piece of equipment owned or partly owned by another facility but normally maintained or operated by an Employee, will not be discontinued by any Employee even if persons employed at the other facility are on strike or locked out.
13.5 The Company will not require any Employee to perform the duty of other staff members engaged in a lawful strike.
13.6 In the event of a breach of this Article, the adversely affected Party shall be left with all remedies available in law or equity.
14.1 Subject to this Agreement, seniority shall be determined as length of continuous service with the Company as a member in good standing of the Union.
14.2 A part-time Employee who becomes a full-time Employee shall be credited for all hours worked as a part-time Employee. A temporary Employee who becomes a regular Employee shall be credited for all hours worked as a temporary Employee. The foregoing hours of credit will not apply where there is a break in service of more than ninety (90) calendar days.
14.3 Employees shall lose their seniority only if they:
(b) are discharged for just and reasonable cause;
(c) are laid off for a period exceeding the specified recall period;
(d) refuse recall to regular full-time employment; or
(e) accept a position with the Company which is outside the Bargaining Unit for more than) three hundred and sixty-five (365) calendar days.
14.4 On February 1st each year the Company shall post a seniority list covering all Employees in the Bargaining Unit by name, classification and seniority date. A copy shall be provided to the Union. Over the next thirty (30) days Employees shall have the opportunity to request corrections, if any, in writing which shall also be copied to the Union. After the initial thirty (30) days the Company and the Union shall meet to discuss and address requested corrections to the seniority list if any. The Parties agree that requested revisions must be supported by factual information which can be confirmed by the records of either Party. A corrected seniority list shall be posted no later than April 30th which shall be in effect until the review period of the next year.
14.5 After the end of the next month following the month of layoff, an Employee’s seniority does not accumulate but is retained until the end of the specified recall period.
15.1 Full-time Employees, other than Employees who perform on-air duties, will be on probation for three (3) months from their date of hire. Employees who perform on-air duties will be on probation for six (6) months from their date of hire.
15.1.1 Where an Employee is hired in a capacity other than full time and where they are subsequently moved to a full time position within the job classification to which they have been assigned, their probation period shall be reduced by the amount of time already spent in such classification but in no event shall it be reduced below a period of two (2) months for Employees who do not perform on-air duties, and four (4) months for Employees who perform on-air duties.
15.1.2 The Company may extend the applicable probationary period up to three (3) additional months and will provide notice to the Employee and the Union no later than seven (7) calendar days prior to the expiry of the initial probationary period. Such notice shall give the reason(s) for the extension.
15.2 Part-time Employees will be on probation for five hundred (500) working hours. The Company may extend the probationary period up to an additional five hundred (500) hours for Employees who do not perform on-air duties and up to an additional one thousand (1,000) hours for Employees who perform on-air duties.
15.3 Employees will not attain any seniority during their probationary period. Upon completion of the probationary period, Employees will be credited with seniority back to the date of hire.
15.4 The Company may terminate the employment of a probationary Employee if the Company deems, after a bona fide trial, that the Employee is unsuitable for continued employment.
15.5 For the purposes of this Article, “Employees who perform on-air duties” means Reporters, Associate Producers and Video Journalists but does not include Associate Producers who are not regularly assigned to do on-air news breaks.
16.1 When layoffs are to be made, such layoffs shall proceed within the job classification affected in inverse order of seniority.
16.1.1 The Company agrees that it shall not consistently schedule overtime in order to bring about or to extend layoffs.
16.1.2 Notwithstanding the provisions of Article 16.1:
(a) In the event of a lay-off affecting Employees classified as Reporter or Video Journalist (Salary Groups 4, 5, 6, 7) and Employees classified as ENG Operator or ENG Operator/Editor (Salary Groups 5,6), any such Employee who is given a notice of a lay-off shall not have a right to apply their seniority to a Reporter or Video Journalist Job but in cases where an affected employee can demonstrate the required qualifications and where severance is accepted, in addition to the severance provisions of Article 16 the following shall apply:
(i) They shall be entitled in accordance with Article 16.2.2 (a) to one (1) additional week of severance pay per year of continuous service to a maximum of twelve (12) additional weeks with a minimum of six (6) weeks. A portion of a year shall be calculated on a pro-rata basis.
(ii) Such Employee shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement.
(b) Where a Video Journalist, who as of the date of signing this Agreement has accumulated seniority as a Reporter (Salary Groups 4, 5, 7) or ENG Operator (Salary Groups 5, 6) is given a notice of lay-off they may apply their seniority to a Reporter job where the seniority was accumulated as a Reporter or to an ENG Operator Job where the seniority was accumulated as an ENG Operator.
16.2 The Company shall provide notice to a laid off Employee and the Union in advance, or in lieu of such notice shall pay the laid off Employee as follows:
Length of Service Notice Required
After completion of probation and less than 12 months’ service 4 weeks
After 12 months’ service and less than 60 months’ service 5 weeks
After 60 months’ service 6 weeks
16.2.1 A laid-off Employee with twelve (12) months or more continuous service may, at their discretion, opt to receive severance pay based on three (3) weeks’ pay per year of continuous service. A portion of a year shall be calculated on a pro-rata basis.
The minimum payment shall be six (6) weeks at basic salary and the maximum payment shall be fifty-eight (58) weeks at basic salary. Severance payments provided herein shall be deemed to be inclusive of any severance payment required pursuant to law.
Where an Employee accepts such severance pay, they shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement.
16.2.2 Where an Employee has the qualifications and seniority required to displace a less senior Employee as set out in Article 16.4 and notifies the Company within forty-eight (48) hours of receiving a layoff notice that they will not be exercising their right to displace a less senior Employee and will not be electing recall, the following shall apply:
(a) They shall be entitled to one (1) additional week of severance pay per year of continuous service to a maximum of twelve (12) additional weeks. A portion of a year shall be calculated on a pro-rata basis.
(b) Such Employee shall be deemed to be terminated and shall forfeit all seniority and other rights under this Agreement.
16.2.3 The severance shall be paid in bi-weekly payments and shall be deemed to include any severance payment pursuant to any statute.
16.2.4 It is understood that if an Employee who has received or is receiving severance regains employment within the Rogers Group of Companies, such Employee shall not be entitled to severance pay for the period after they have recommenced work. In cases where payment for this time has already been provided, the Company and the Union shall agree to a repayment scheduled for the Employee.
16.2.5 The Employee recommencing work will have their eligibility for the remaining severance payments owed frozen for the time they are employed. If there is a subsequent layoff in the new position the remaining payments owed shall be added to any further severance earned while employed during the recommencement of work.
16.2.6 Where an Employee has been re-engaged and has been paid severance, the Employee’s seniority for the purpose of severance shall be considered to be that of a new Employee.
16.3 The Company shall extend to a laid off Employee with twelve (12) months or more of continuous service, basic medical and dental group benefits coverage during their period of layoff to a maximum period as follows:
(a) three (3) months in the case of an Employee with up to five (5) years of continuous service;
(b) six (6) months in the case of an Employee with more than five (5) years of continuous service;
During the applicable period the Company shall pay the group benefits premium on behalf of the laid off Employee. The Company shall be released from such obligation if the Employee becomes eligible for said benefits at a new place of employment or they are recalled within the three (3) or six (6) month period as the case may be.
16.4 An Employee who is reduced from their classification may displace a less senior Employee in any classification or category within any salary group at the same or lower level by notifying the Company within forty-eight (48) hours of receiving a displacement or lay-off notice of their intention to displace and further provided that:
(a) they have worked in the classification before and have successfully completed the probation period for such classification; or
(b) they have the qualifications, as well as the ability, to perform the normal requirements of the job within a thirty (30) calendar day familiarization period.
16.4.1 An Employee who displaces a less senior Employee in another job and who fails to demonstrate their ability to perform in that classification during the thirty (30)-day familiarization period shall be considered laid off effective the end of the thirty (30)-day familiarization period. Recall rights under Article 16.5 shall begin at the end of the thirty (30)-day familiarization period.
16.4.2 An Employee who has reverted to a lower salary group and whose salary is higher than the maximum of the new group shall receive the highest rate in the lower group after three (3) months.
16.4.3 An Employee who has displaced a less senior Employee in the same salary group shall continue at their current pay level and shall continue to receive scheduled wage increases under Article 42.
16.4.4 An Employee who reverts to a lower rated classification in accordance with Article 16.4 shall retain first recall rights to their previous classification or category should a vacancy occur therein.
16.4.5 The right of a full-time Employee to displace a less senior Employee shall include the right to revert to a part-time position, provided the Employee scheduled for layoff has at least as much service time (as contemplated by Article 5.2.2(a) as the part-time Employee whom the full-time Employee seeks to displace.
In seeking to apply their seniority as provided herein, and subject to the conditions set forth in this Article, a laid-off full-time Employee may seek to apply their seniority to available part-time hours as defined in Article 5.2.
The full-time Employee seeking to so revert must meet the qualifications as set out in Article 16.4 for the part-time position. Such Employee’s seniority and right to recall to a full-time position shall not be affected by the Employee accepting a part-time position.
16.4.6 Where a full-time Employee is on layoff and a part-time or temporary position becomes available, the Company will give preference to offering the part-time or temporary position to the full-time Employee on layoff, providing the full-time Employee meets the qualifications as set out in Article 16.4 for the position. Such Employee’s seniority and right to recall to a full-time position shall not be affected by the Employee accepting a part-time or temporary position.
This provision shall not apply where the Company is not aware of the work assignment in question prior to twelve o’clock noon (12:00 p.m.) of the day prior to the day in question or where such assignment would result in the Employee working overtime.
16.5 An Employee who is laid off (reduced from their classification) and elects not to displace a less senior Employee (Article 16.4) and elects not to receive severance pay (Articles 16.2.1 & 16.2.2), shall retain recall rights as follows:
(a) Employees with more than eighteen (18) months seniority at the time of lay off shall retain recall rights for twelve (12) months.
(b) Employees with less than eighteen (18) months seniority at the time of lay off shall retain recall rights for six (6) months or length of seniority, whichever is lesser.
(c) The Company agrees to give consideration to the re-engagement of laid off Employees who had at least one (1) year of Company seniority and who have been laid off for a period exceeding twelve (12) months.
16.5.1 Employees on lay off will keep the Company informed of their current address and telephone number for recall. Should an Employee change their address or telephone number during the period of lay off, they will inform the Company of such change by registered mail.
16.5.2 Notice of recall will be sent by registered special delivery mail to the last known address of all Employees on the recall list who are eligible for recall. Such Employees will have seven (7) calendar days from the date the letter is registered in which to respond and report to work or the Employee will be deemed to be terminated. The notice of recall will clearly state this requirement.
16.6 A laid-off Employee with recall rights as set out in Article 16.5 shall be recalled to the first available job in accordance with seniority, providing that:
(a) they have worked in the classification before and have successfully completed the probation period for such classification; or
(b) they have the qualifications, as well as the ability, to perform the normal requirements of the job within a thirty (30) calendar day familiarization period; and
(c) the recall is to the same or lesser classification or category from which they were laid off.
16.6.1 Where a laid off Employee has been recalled in accordance with Article 16.6, the provisions of Articles 18.1 and 18.2 shall not apply.
16.6.2 Notwithstanding the provisions of Article 18, if recall results in the Employee being recalled to other than their former position and the Company later decides to fill that position, the Employee is entitled to such position, provided they have the qualifications, as well as the ability to do the normal requirements of the Job within a thirty (30) calendar day familiarization period and applies for the position within the normal posting period.
17.1 Before any technological change is to be implemented, the Company shall give the Union not less than one hundred twenty (120) calendar days’ written notice and shall advise the Union of the effects of such changes on the Employees. Upon the request of either Party, the Company and the Union shall meet to discuss such changes with a view to avoiding or minimizing its adverse effects.
17.2 Wherever possible, the Company shall make every effort to retrain Employees affected by technological change.
Vacancies and Promotions
18.1 Any vacancy shall be posted for a minimum of seven (7) calendar days on the Company’s internal recruiting system. The Company will forward a link to the posting of each Bargaining Unit posted job to the President of the Local Union, who may place the job posting on the Union bulletin boards. In the event of an emergency, the time period required by this Article may be shortened provided the Union is advised and the Employees have an opportunity to know of the vacancy. Temporary hires that are casual in nature, i.e. irregularly scheduled, will be posted at Management’s discretion.
18.2 Promotions and transfers to jobs within the Bargaining Unit shall be based on qualifications established by the Company. These qualifications may include: creativity, knowledge, experience, skill, ability, attitude, training and/or education, as well as other relevant factors. If more than one (1) of the applicants satisfactorily meets or exceeds the qualifications, the Company shall award the position to the best applicant. Company seniority will be considered when evaluating applicants. When two (2) or more Employees’ qualifications are relatively equal, Company seniority shall apply. If there are no applicant Employees who satisfactorily meet the qualifications established for the position, the Company may hire from any source.
18.3 After being awarded the job, an Employee will be given reasonable assistance and up to sixty (60) calendar days’ probation in the new position. During this period, the Company may, if the Employee is unsuitable to be retained in the new classification after the probationary period, return them to their former classification. During the probationary period, the Employee may elect to return to their former classification. On returning to their former classification, the time spent out of the classification shall be deemed to be time spent in the classification. At the conclusion of a successful probationary period, the Employee will be advised in writing that their promotion has been made permanent.
18.4 At any time during the first thirty (30) calendar days that an Employee has been promoted to a position outside the Bargaining Unit, the Company may return the Employee to their former job, or the Employee may elect to return to their former job and, upon their return, the time spent out of the classification shall be deemed to be time spent in the classification.
18.5 When an Employee is promoted into a higher-rated job classification, they shall immediately move into the higher salary group and receive a salary increase which is at least the equivalent of one (1) full increment in their former group rounded up to the next highest step in the new group, and they shall automatically progress upward on the annual or semi-annual anniversary date of their promotion to the new group.
18.5.1 An Employee who is “over-scale” or at the top of scale with regard to wages, and who is subsequently promoted shall, in lieu of the increment provided for in paragraph 18.5, receive an amount equal to the average increase in their former group (i.e. the total difference between the start and top rates divided by the number of steps = average), plus any amount necessary to place the Employee on a step in the new scale.
Joint Labour Management Committee
19.1 The Company and the Union shall establish a Joint Labour Management Committee for the purpose of reviewing and discussing matters arising out of the Collective Agreement or matters of mutual concern between the Company and the Union.
19.2 The Joint Labour Management Committee meetings shall be held bi-annually, or more frequently, at the call of either Party at a mutually agreed upon location.
19.3 The Joint Labour Management Committee shall not be empowered to alter or abridge any of the terms and conditions of the Collective Agreement, but it may make joint recommendations to the Company and the Union.
20.1 No Employee who has completed their probationary period shall be disciplined or discharged except for just and reasonable cause. The foregoing shall not apply to temporary Employees who have worked less than six (6) months. A discharged temporary Employee who has worked less than six (6) months shall be deemed to have been discharged for just and reasonable cause.
20.2 An Employee shall be notified in writing of any written expression of dissatisfaction concerning their work within fourteen (14) calendar days of cause for dissatisfaction becoming known to their Supervisor. This may include notification that Management is investigating a particular issue, circumstance or situation to determine whether further action is required before a decision on corrective action can be made. Such notification shall be provided to the Union and further action must take place within the next seven (7) calendar days. Extension to these timelines may be granted through mutual agreement, which shall not be unreasonably withheld.
If this procedure is not followed, such expression of dissatisfaction shall not become part of their disciplinary records for use against them at any time. This Article shall not prevent oral expressions of dissatisfaction but such oral expressions must be reduced to writing within fourteen (14) calendar days before becoming part of an Employee’s record.
A copy of such written expression of dissatisfaction shall be provided to the Local Union President or their designate within twenty-four (24) hours of issuance to the Employee.
20.2.1 The term “written expression of dissatisfaction” shall mean any discipline which is reduced to writing, including written warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or coaching and are not clearly identified as “written expressions of dissatisfaction” shall not form part of the Employee’s disciplinary record. However, evidence of such communications may be introduced in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a grievor or the Union that an Employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to establish the standard or expectation of the Company regarding the performance of the Employee or Employees generally.
20.2.2 In exceptional circumstances it is agreed that the Company may hold an Employee out of service without pay for up to five (5) days pending the outcome of an investigation:
(a) When the investigation pertains to an alleged violation of the Criminal Code of Canada;
(b) Based on the prior record of the Employee, provided that the Company has followed a regime of progressive discipline that has not been successfully overturned through the grievance procedure or referred to arbitration as per Step 4 of the grievance procedure outlined in Article 21.1; or
(c) Where the presence of the Employee in the workplace threatens the safety of other Employees due to an allegation of harassment or violence.
In such cases an Employee held out of service for longer than five (5) days will be paid at their regular salary until the investigation is concluded and a decision is rendered. Where there is found to be no cause of dissatisfaction, and/or where the decision is found to be unjustified, the affected Employee will be compensated for the loss of all regular wages.
20.3 The Employee’s reply to such written expression of dissatisfaction, if received within fourteen (14) calendar days after they have been given the notice referred to in Article 20.2 above, shall become part of their record. If such reply is not so received, it will not become part of their record for use by them at any time.
20.4 An Employee shall be furnished, within fourteen (14) calendar days of receipt, with any other complaint or accusation concerning them which may be detrimental to their advancement or standing within the Company. The Employee’s reply to such complaint or accusation, if received within fourteen (14) calendar days after they have been given the complaint or accusation, shall become part of their record.
20.5 An Employee shall have access to their personnel file in the presence of their Department Manager or designate during office hours at a mutually agreeable time, but in no event later than seven (7) calendar days after the initial request.
20.6 At least twenty-four (24) hours prior to the issuing of a discharge or suspension the Company shall notify the Union when the Company is to meet with an Employee.
20.7 It is recognized that the Company is free to introduce workplace policies or practices applicable to Employees, subject to the following:
(a) Should there be any inconsistency between a policy or provision of a policy and the Collective Agreement, the Collective Agreement shall apply. Notwithstanding, any inconsistent provision(s) shall not affect the validity or enforceability of any other provision of the policy.
(b) Any discipline of an Employee related to alleged contravention of Company policies or practices shall be subject to the grievance procedure contained in this Collective Agreement and the provisions of Article 20.1 with respect to just and reasonable cause.
Grievance and Arbitration
21.1 Should a dispute arise between the Company and any Employee regarding the application, operation, interpretation or alleged violation of this Agreement, an earnest effort shall be made to settle the dispute in the following manner:
STEP 1: A grievance by an Employee shall first be submitted to the Employee’s immediate Supervisor or Department Manager by the Employee and their Union Representative as soon as possible, but not later than fourteen (14) calendar days after the alleged grievance has occurred. The Supervisor shall have seven (7) calendar days to reply to the grievance.
STEP 2: When a grievance has not been settled at Step 1, the Employee and/or their Union Representative shall present the grievance to the Departmental Manager within seven (7) calendar days after completion of Step 1. The grievance shall be submitted in writing via fax or email and shall include:
(a) grievor’s name and occupation;
(b) Supervisor’s name;
(c) date of the event giving rise to the grievance;
(d) nature of the grievance;
(e) the remedy sought from the Company;
(f) identification of the Article(s) allegedly violated.
The Departmental Manager shall have seven (7) calendar days to reply to the grievance.
STEP 3: When a grievance has not been settled at Step 2, the Union Representative may present the grievance to the Human Resources Director and the General Manager or their designate within fourteen (14) calendar days of the expiration of Step 2.
The Company’s Human Resources Director and General Manager or their designate shall have fourteen (14) calendar days to reply to the grievance.
STEP 4: When a grievance has not been settled at Step 3, either Party may refer the grievance to arbitration within thirty (30) calendar days from the expiration of Step 3.
21.2 If any alleged violation of this Agreement affects more than one (1) Employee or affects the interests of the Union as a Party to the Agreement, the Union may sign and file the grievance on behalf of the Employee(s) specifying the alleged violation of the Agreement. Such grievance shall be processed at Step 2 within fourteen (14) calendar days of the alleged violation having occurred or when it should reasonably have been known to the Union.
21.3 The Company may file a grievance in like manner as the Union may in 21.2 herein.
21.4 If it is alleged that an Employee has been discharged or suspended without just cause, the grievance shall start at Step 3 within seven (7) calendar days.
21.5 If a grievance is not pursued within the time limits as set out in this Article, the grievance shall be considered abandoned.
21.6 If either Party withdraws a grievance, it shall immediately notify the other Party in writing.
21.7 When either Party invokes arbitration, it shall give notice in writing, via fax or email to the other Party within the thirty (30) day time limit of the final decision rendered at Step 4 of the grievance procedure.
Within the next fourteen (14) calendar days of the said notice, the Parties, by way of their Representatives, shall agree on the selection of a sole Arbitrator. If the Parties are unable to agree on the selection of an Arbitrator within the fourteen (14) calendar days, either Party may apply to the Minister of Labour for Canada to appoint an Arbitrator.
21.8 The Arbitrator shall hear and determine the difference and shall render their decision within a maximum of sixty (60) calendar days following a hearing.
21.9 An Arbitrator shall be governed by the provisions of this Agreement and shall not have the right to change, or make any decision contrary to those provisions. The decision of the Arbitrator shall be binding on both sides.
21.10 The expenses of the Arbitrator shall be borne equally by the Parties. The expenses of Representatives or witnesses shall be the responsibility of the Party they represent.
22.1 Except as modified by a subsequent clause in this Article, Employees who have completed their probationary period shall be entitled to an annual vacation with pay or separation pay in lieu thereof, in accordance with the following table. Employees may be allowed to carry over up to five (5) vacation days to March 31st of the following year. Such requests shall not be unreasonably denied.
|Year(s) of Service||# of Weeks of Vacation|
|Prior to one (1) year||One (1) day per month to a maximum of ten (10) days|
|One (1) year||Two (2) weeks|
|Two (2) to five (5) years||Three (3) weeks|
|Six (6) years||Three (3) weeks plus one (1) day|
|Seven (7) years||Three (3) weeks plus two (2) days|
|Eight (8) years||Three (3) weeks plus three (3) days|
|Nine (9) years||Three (3) weeks plus four (4) days|
|Ten (10) years||Four (4) weeks|
|Eleven (11) years||Four (4) weeks plus one (1) day|
|Twelve (12) years||Four (4) weeks plus two (2) days|
|Thirteen (13) years||Four (4) weeks plus three (3) days|
|Fourteen (14) years||Four (4) weeks plus four (4) days|
|Fifteen (15) to twenty (20) years||Five (5) weeks|
|Twenty-one (21) years||Five (5) weeks plus one (1) day|
|Twenty-two (22) years||Five (5) weeks plus two (2) days|
|Twenty-three (23) years||Five (5) weeks plus three (3) days|
|Twenty-four (24) years||Five (5) weeks plus four (4) days|
|Twenty-five (25) years||Six (6) weeks|
The vacation year shall be January 1st to December 31st of each year. Vacation shall be taken during the year in which an Employee’s vacation entitlement is earned.
22.2 Vacation pay shall be calculated on the basis of the Employee’s current rate of pay for their normal working hours.
22.3 Every Employee shall be entitled to have at least three (3) weeks (120 hours) of their vacation period consecutively scheduled unless otherwise agreed upon by the Employee and the Company.
22.4 In the event that a general holiday occurs during an Employee’s vacation, and the Employee has entitlement to the paid holiday, one (1) additional day for each such holiday shall be added to the Employee’s vacation.
22.5 An Employee may request to begin and end their vacation in conjunction with their days off, plus any additional days added because of Article 23 and such request will not be unreasonably denied.
22.6 The Company shall have the right to determine the number of Employees, which may be released for vacation from any job classification at any one time. Such right shall be exercised in a reasonable manner. Applications for vacations shall be submitted at least thirty (30) calendar days prior to the date requested. The Company shall confirm or deny the vacation request within fifteen (15) calendar days of the submission, or sooner, where possible.
Provided that an Employee’s application for vacation is submitted in writing by the last working day in December, they shall receive preference in scheduling their vacation on the basis of their Company seniority within the Job function to which they are assigned in accordance with Article 42 of this Agreement.
22.7 Upon termination of employment, an Employee (or their estate in the case of death) shall receive accrued vacation pay earned in accordance with the provisions of Article 22.1 plus pay for any vacation period previously earned but not taken.
23.1 The following shall be treated as general holidays for the purpose of this Article:
|New Year’s Day||Truth & Reconciliation Day|
|Good Friday||Thanksgiving Day|
|Victoria Day||Remembrance Day|
|Canada Day||Christmas Day|
|BC Day — first Monday in August||Boxing Day|
23.1.1 Subject to paragraph 2 hereof, Employees may take one (1) additional day off (floating holiday) per contract year, such holiday to be taken at a mutually agreeable time.
In order to qualify for a floating holiday, an Employee must have been in the continuous employ of the Company for four (4) consecutive months during the contract year.
23.2 If a holiday falls on a scheduled work day and the Employee is not required to work, they shall receive their normal basic pay for such day [eight (8) hours] at the basic rate.
23.3 If a holiday falls on a scheduled work day and the Employee is required to work, they shall receive one and one-half (1 ½) times their basic rate, in addition to the basic rate, with a minimum credit of eight (8) hours. All hours worked and/or credited in excess of eight (8) hours shall be paid at an additional one-half (½) times the basic rate. All hours worked and/or credited in excess of twelve (12) hours shall be paid at an additional one-half (½) times the basic rate.
|0 – 8 hours||8 hr. minimum||1 ½ x basic rate plus basic rate|
|8 -12 hours||2 x basic rate|
|12 hours plus||2 ½ x basic rate|
23.4 In the event a General Holiday occurs during an Employee’s vacation or falls on a scheduled day off, the Employee shall receive, at their option, either one (1) additional day’s pay for that week, or one (1) day added to their annual leave, or one (1) day off with pay at a mutually agreeable time.
23.5 If the holiday falls on a scheduled day off and an Employee is required to work, they shall receive three (3) times their basic rate with a minimum credit of eight (8) hours, except that all hours worked and/or credited in excess of eight (8) hours per day will be paid at an additional one-half (½) times the basic rate. Further, all hours beyond twelve (12) in the day shall be paid at a further additional one-half (½) times the basic rate of the Employee.
23.6 Before November 15th of each year, the Company will ascertain the wishes of the Employees regarding scheduling of Christmas and New Year’s holidays. An Employee shall be scheduled off either on Christmas Day or on New Year’s Day based on seniority and the Employee shall not be scheduled to work past 19:30 hours on the eve of the holiday which they receiveoff. In the case of an emergency, an Employee may be required to perform work on both holidays.
23.6.1 The Christmas and New Year’s holiday schedule shall be posted not later than the 30th day of November.
24.1 At the mutual agreement of the Department Manager and the Employee, the Employee may accumulate compensatory leave for work performed beyond eight (8) hours on a regular day or for work performed on a scheduled day off or a General Holiday.
24.2 Compensatory leave shall be credited to the Employee at the applicable rate in effect for the time worked.
24.3 The maximum allowable accumulation of compensatory leave shall not exceed eighty (80) hours. Payment of compensatory leave will be based on time sheets submitted as of December 31st and paid out on the first pay period of the new year.
24.4 Compensatory Leave credits may be added to the Employee’s annual vacation or may be taken at other mutually agreeable times.
Leaves of Absence
25.1 Bereavement Leave
When an Employee is required to be absent from work due to death in their immediate family, i.e., legal guardian, grandparents, spouse, parent, child, grandchild, brother, sister, mother-in-law, father-in-law, they will be granted compassionate leave of absence with pay for up to three (3) working days for the purpose of attending/arranging the funeral. When traveling time is necessary, up to two (2) additional working days without pay shall be granted.
25.2 Educational Leave
When an Employee is advised by the Company to attend seminars, educational courses, etc. pertaining to the television industry, they shall receive eight (8) hours basic pay for each day or part thereof in attendance and travel.
25.3 Other Leave
The Company at its discretion will continue the past practice of granting time off to Employees for medical, dental, and eye appointments where reasonable notice is given.
The Employee will make all reasonable effort to schedule such appointments outside their tour.
25.4 If an Employee desires a leave of absence for reasons other than those referred to herein, the Employee must obtain written permission from the Company. All requests for such leave of absence must be submitted in writing no later than two (2) weeks in advance.
25.4.1 During authorized leaves of absence of one (1) month or less, an Employee shall accumulate seniority.
25.5 Maternity/Parental/Adoption Leave
Eligible Employees will be provided with the maternity, parental and adoption leave benefits provided by the Company to other Employees of Rogers Communications Partnership as set out in HR Policy 1.5. Such benefits shall be at least as generous as those provided pursuant to the Canada Labour Code.
25.6 Jury Duty
An Employee called to serve on a jury shall suffer no loss of pay for the period they are required to attend in court, provided that:
- the Employee pays to the Company all fees received for such service; and
- they return to work if relieved prior to the expiration of one-half (½) of their tour of duty for that day.
25.6.1 Before making payment, the Company may require the Employee to furnish evidence of the Employee’s attendance in court.
25.7 Witness Leave
An Employee subpoenaed to give evidence in a judicial proceeding shall suffer no loss of pay for the period they are required to give evidence in such proceeding.
25.7.1 Before making payment, the Company may require the Employee to furnish evidence of the Employee’s attendance in court, as well as evidence of the time spent by the Employee giving their testimony.
25.8 Where an urgent family matter necessitates an Employee being absent from work, the Employee may, with the approval of the Company, utilize up to two (2) working days of sick leave as accumulated pursuant to Article 26, in respect of such absence, or absences during each collective agreement year. Approval for the same shall not be unreasonably withheld. An Employee may use a minimum of one-half (½) days (4 hours) of leave at any one (1) time.
26.1 Where an Employee is absent for three (3) working days or less, the Employee may be required to supply a written declaration of illness. Where the absence exceeds three (3) working days, the Employee may be required to offer satisfactory proof of illness, e.g. medical examination, at the expense of the Company. Sick Leave accumulation under this Article is strictly for use when an Employee is incapable of reporting to work due to illness or injury and is not an entitlement for additional time off.
26.1.1 Where the Company has reasonable grounds to believe that an Employee’s reported illness may not be illness of a bona fide nature, or where the Employee’s attendance for reasons attributable to illness has become irregular, the Company may require satisfactory proof of illness at any time in respect of an absence from work attributable to illness.
26.1.2 An Employee shall be advised as early as reasonably possible but not later than the end of their scheduled shift (where the Employee can be contacted by telephone) that satisfactory proof of illness is required.
26.1.3 In the event that an Employee is unable to report for work as scheduled for any reason, the Employee shall notify their Department Manager or Immediate Supervisor as early as is reasonably possible to do so, but no later than two (2) hours prior to the start of their scheduled shift. Where it is not reasonably possible to provide notification prior to the start of the shift, the Employee shall notify their Department Manager or Immediate Supervisor at the earliest possible time.
26.2 Absence because of illness or incapacity shall not interrupt an Employee’s vacation credits or health and welfare benefits as in this Agreement. Absence because of illness or incapacity shall not reduce an Employee’s vacation credits unless the Employee is absent in excess of fifty-two (52) consecutive weeks at which time no further vacation credits accrue (i.e. years of service will not continue to accrue for vacation purposes).
26.3 Should an Employee fall sick while on authorized leave of absence, sick leave will not be paid until the expiration of that leave.
Health and Welfare
27.1 Full-time: The Company will maintain life insurance, sick-leave, health and dental, short-term and long-term disability group plans for regular full-time Employees at no less than the level of those benefits provided in the Rogers Communications Canada Inc. (RCI) standard benefit plans. The Company agrees that no change will be made to terms and conditions of this plan as it applies to the members of the Bargaining Unit without prior discussion with the Local Union.
27.2 Part-time: The Company will maintain life insurance, health and dental group plans for regular part time Employees at no less than the level of those benefits provided in the Rogers Communications Canada Inc. (RCI) standard benefit plan. Eligibility for enrolment for regular part-time Employees is in accordance with the requirements for the Rogers Communications Canada Inc. standard benefit plans. The Company agrees that no change will be made to terms and conditions of this plan as it applies to the members of the Bargaining Unit without prior discussion with the Local Union.
27.3 Pension Plan: The Rogers Defined Benefit and Defined Contribution Pension Plans “the DB and DC Plans” are in existence at the signing of this Agreement, and as provided to the Employees of Rogers Communications Canada Inc., and as may be altered or amended by the Company, shall be subject to the terms and/or conditions of Provincial and/or Federal jurisdiction. On June 30, 2016 the Defined Benefit Pension Plan (DB Pension Plan) was closed to new entrants. All new Employees (hired on or after April 1, 2016) and Employees hired prior to that date who did not join the DB Plan as of June 30, 2016 are eligible for the Rogers Defined Contribution Plan (DC Pension Plan). Employees enrolled in either of the Pension Plans shall receive annually a statement of their status in the Plan. Enrolment in the Plan is voluntary. Details, including eligibility for enrolment are in accordance with the DB and DC Plan text as amended from time to time. The Company agrees to notify the Union and Employees of any amendments to the DB or DC Plans.
27.4 The Company will provide the following optional benefits offered to all regular full-time Employees at no less than the level of those provided in the Rogers Communications Plans (RCI Plans).
1. Employee Share Accumulation Plan;
2. Educational Assistance Program;
3. Global RRSP Savings Plan;
4. Rogers Group Tax-Free Savings Account;
5. Other Employee discount programs that may be offered.
Hours of Work
For the purpose of this Article:
“Hours Worked” are calculated to the end of the quarter hour of which work is performed and exclude the first meal period in a tour but include all rest periods and any meal period after the first meal period;
“Overtime” means any hours worked which are authorized or approved, and which are:
- In excess of the scheduled tour of duty; or
- over forty (40) hours in a work week; or
- on a scheduled day off.
“Tour” means authorized or approved hours worked during a calendar day which (except for the first meal period) are continuous; provided that if the tour extends beyond midnight it shall be considered as falling wholly within the calendar day on which it starts.
“Turnaround” means the period between the end of one tour and the start of the next tour. In the case of a call back, “turnaround” means the period between the end of the call back and the start of the next tour.
“Working day” wherever in this Agreement the term “working day” appears, it shall mean days of the week other than Saturday, Sunday and general holidays.
28.2 Notwithstanding the provisions of Article 28.1, Employees may be assigned to work a basic tour of ten (10) hours, subject to the following:
(a) Such Employees shall be scheduled to work four (4) consecutive, ten (10) hour tours, during the work week in question, which shall include three (3) consecutive days off.
(b) Any block of ten (10) hour tours shall be preceded and followed by consecutive days off.
(c) Where the Company intends to schedule an Employee to work ten (10) hour tours or to switch back to eight (8) hour tours, the Employee shall be notified not later than twenty-four (24) calendar days prior to the first day of the change. It is recognized that certain circumstances may arise in the event a business emergency or an unexpected absence where such notice period is not practical. In such cases, the notice period may be reduced to fourteen (14) calendar days by mutual agreement between the Parties, where it is reasonable to do so.
Work Week and Days Off
29.1 “The Standard Work Week” shall commence at 12:01am Sunday and shall include forty (40) hours worked or paid. Tours of eight (8) hours or less need not be on consecutive days.
(a) “Days off” shall mean a period, not part of an Employee’s regular work week, consisting of at least twenty-four (24) hours plus a turn-around. A certain number of “days off” means that number of twenty-four (24)-hour periods plus one (1) turn-around: e.g. “two (2) days off” equals at least 60 hours.
(b) “Weekend” shall mean Saturday and Sunday.
(c) ‘Weekend off” shall include two (2) days off.
29.3 Each Employee is entitled to two (2) days off during a work week, which shall be consecutive. However, days off may be separated by a holiday if no work is performed on the holiday.
29.4 The Company shall make every effort to schedule days off on weekends as frequently as possible, and will endeavour to avoid scheduling an Employee to work more than two (2) weekends in a row. An Employee must receive a minimum of four (4) weekends during each three (3) calendar months. Where an Employee does not receive this minimum number of weekends off during a three (3)-month period, they shall receive their basic rate of pay in addition to any other payments received under this Agreement for any day on which work is assigned and performed during any of the four (4) weekends.
29.5 Notwithstanding the above, Article 29.4 shall not apply to Employees hired specifically for a position posted as involving regular weekend work (i.e. consecutive, successive weekends). Any Employee hired to work regular weekends under this Article shall be informed in writing that it is a condition of their employment and this requirement to work regular weekends shall be listed in the job posting.
30.1 Posting of Schedules
In order to ensure that each Employee is advised of their work schedule at the earliest possible time, each Employee’s weekly schedule shall be posted as early as possible, but in no event later than ten (10) days prior to the first day covered by the new schedule.
30.1.1 Each Employee’s schedule shall state clearly their start time, finishing time, meal start time, and days off.
30.1.2 In the event that an Employee’s schedule is not posted in accordance with sub-sections 30.1 and 30.1.1, the previous weekly schedule shall carry over until a new schedule is posted, subject to all of the provisions of this Agreement.
30.2 Changes in Schedules
After a schedule is posted, days off will not be changed unless there is mutual agreement between the Employee and the Company. Where the schedules are posted four (4) weeks in advance due to a change in the hours of tours as per Article 28.2, days off may be changed up to ten (10) calendar days prior to initiation of the new schedule.
30.2.1 The Company shall give an Employee notice of reduction in hours or change in starting time by 3:00 p.m. or if working on that day, the end of the shift, whichever comes first, on the day prior to the day in question.
30.2.2 Where sufficient notice in accordance with 30.2.1 is not given:
- in the case of reduction in hours, the Employee shall receive credit for hours originally scheduled; and
- in the case of a change in starting time, the Employee shall receive credit for hours originally scheduled, plus any additional hours. Hours credited but not worked will be paid at the Employee’s basic rate of pay.
31.1 A first meal period of sixty (60) minutes duration shall be scheduled not earlier than the start of the fourth hour of a tour and end not later than the start of the seventh hour of the tour.
31.1.1 Notwithstanding the provisions of Article 31.1, Employees classified as Reporter and ENG Operator who are assigned to news gathering shall be subject to a first meal period of thirty (30) minutes duration. Such meal period shall be scheduled not earlier than the start of the fourth hour of a tour and end not later than the start of the sixth hour of the tour.
31.2 A second meal period of not less than thirty (30) minutes shall be scheduled in tours of more than ten (10) hours. It shall be scheduled during the third, fourth, or fifth hour after the completion of the first meal period. Seven dollars ($7.00) shall be allowed for the cost of the second meal, whether taken or not.
31.3 A subsequent meal period of not less than thirty (30) minutes shall be scheduled within the third, fourth, or fifth hour after the completion of a prior meal period. Five dollars ($5.00) shall be allowed for the cost of the meal, whether taken or not.
31.4 When an Employee is not given a meal period within the time limits required by this Article, they shall receive compensation, in addition to their regular salary, from the beginning of the fifth hour to the start of the meal period given, with a minimum credit of one (1) hour. Compensation shall be an amount equal to one-half (½) the Employee’s basic hourly rate for each hour or part thereof worked or credited. It shall apply to each displaced meal period.
31.5 In the event that an Employee is not given a second or subsequent meal period, thirty (30) minutes will be added to the end of their shift as time worked, for each missed meal period.
31.6 If an Employee is working at a location where facilities to obtain an appropriate meal are not readily available during the assigned meal period, the Company shall either:
(a) supply the Employee with adequate transportation and allow them sufficient added time to travel to where an appropriate meal can be obtained; or
(b) furnish the Employee with an appropriate meal, in which case the cost of the meal shall be deducted from the meal allowance payable for that meal.
31.7 Employees shall not be required to travel from their normal place of employment to other locations within the area during any part of their meal periods.
32.1 Employees shall receive one (1) fifteen (15)-minute rest period between the start of the tour and the meal period, and a second fifteen (15)-minute rest period between the meal period and the end of the tour. These rest periods shall not be assigned during the first hour or the last hour of the tour.
32.2 On a tour of more than eight (8) hours, Employees shall receive a rest period during every three (3)-hour segment thereafter.
32.3 Rest periods shall not be assigned during meal periods.
32.4 When an Employee is required to work through a break period, fifteen (15) minutes for each such break period shall be added to the end of the tour of duty as time worked.
33.1 An Employee may refuse to work overtime. However, if all Employees in a classification refuse to work, the Company may require the most junior qualified Employee in the classification or in the Company to do the work, and in the case of work or an assignment of a continuing nature, the Employee who had been assigned to the work or assignment may be required to perform the overtime.
33.2 Overtime will be scheduled within classifications in a manner that equalizes, as much as possible, the overtime opportunities for Employees.
33.3 Overtime after eight (8) hours in a tour shall be paid at one and one-half 1 ½) rate for the first four (4) hours and two (2) times rate for all hours thereafter.
33.4 Overtime on a scheduled day off shall be compensated as follows:
33.4.1 If work is performed or credited on one (1) day off in a week, an Employee who elects to work overtime shall receive time and one-half (1 ½) computed separately from the work week for all hours worked with a minimum credit of four (4) hours. A junior Employee, required to work overtime in accordance with Article 33.1 shall be entitled to a minimum credit of eight (8) hours.
33.4.2 If the hours worked or credited on a day off exceed eight (8) hours, all hours worked or credited in excess of eight (8) hours or less than twelve (12) hours will be paid at an additional one-half (½) times the basic rate over and above the rates contained in 33.4.1; and
33.4.3 If the hours worked or credited on the day off exceed twelve (12) hours, all time worked or credited in excess of twelve (12) hours will be paid at an additional one (1) times the basic rate over and above the rate contained in 33.4.1.
33.5 Where the Company does not notify an Employee of an overtime assignment by 1:00 PM or if working the end of the shift whichever comes first of the previous day, all overtime in excess of two (2) hours shall be compensated at one-half (½) times the Employee’s basic rate in addition to any other payments received under this Agreement for work performed in excess of the two (2) hours referred to above; provided that overtime not in excess of four (4) hours, incurred under this provision with respect to sick relief of an Employee who has not notified the Company of their inability to work their scheduled shift at least two (2) hours prior to the commencement of that shift, shall be deemed to be scheduled overtime.
33.6 Notice of cancellation of assigned work on a scheduled day off or extra day off shall be given no later than 3:00 p.m. of the day prior to the day in question. If such notice is not given, the Employee shall receive eight (8) hours pay at the straight time rate, computed separately from the work week, provided the Employee is released from duty for the entire tour.
34.1 “Call-back” shall be defined as work assigned to an Employee after they have completed their tour of duty, provided such work assignment is not continuous with the Employee’s tour.
34.2 An Employee required to work a call back shall be paid in accordance with the unscheduled overtime provisions of Article 33.5, with a minimum credit of four (4) hours.
34.3 Calculation of turnaround shall be made from the end of the last hour worked in the callback, regardless of the minimum credit.
34.4 An Employee may refuse to work a call back. However, if all Employees in a classification refuse to work, the Company may require the most junior qualified Employee in the classification to do the work.
35.1 There shall be a turn-around between tours. All turn-around periods shall be at least twelve (12) hours.
35.2 All time scheduled and/or worked and any meal period during any of the turn-around periods shall be compensated for, in addition to the regular basic rate, at one-half (½) times such basic rate or the portion of such assignments which encroaches on the turnaround period.
Compensation shall be one and one-half (1 ½) times the basic rate, in addition to the basic rate, for the portion of such assignment which encroaches on the four (4) hours period immediately following the end of the Employee’s original schedule or any extension thereof, and shall be one (1) times the basic rate, in addition to the basic rate, for the portion of such assignment which encroaches on the fifth, sixth, seventh, or eighth hours immediately following the end of an Employee’s original schedule or any extension thereof.
|Hours between stop and start time||Compensation|
|0- 4 hours||+1 ½ x basic|
|4- 8 hours||+1 x basic|
|8-12 hours||+ ½ x basic|
35.3 Notwithstanding the provisions of Article 35.2 above, a premium shall not be paid when an encroachment on a turn-around period occurs in the following circumstances:
35.3.1 An Employee is on a regular rotating shift pattern which is preceded or followed by a day off.
35.3.2 Matters pertaining to negotiations or the processing of grievances.
36.1 For an Employee whose tour includes all of the hours of 2:00 a.m. to 5:00 a.m., they shall be paid a night premium (in addition to any other premium to which they are entitled) of fifteen percent (15%) over their basic rate for all hours worked in that tour.
36.2 For an Employee whose tour includes a portion of the hours of 2:00 a.m. to 5:00 a.m., they shall be paid a night premium (in addition to any other premium to which they are entitled) of fifteen percent (15%) over their basic rate for each hour worked between 2:00 a.m. and 5:00 a.m. rounded up to the nearest hour with a minimum credit of one (1) hour. Example: in a tour that includes the hours from 3:30 a.m. to 12:30 p.m., the Employee works one and one-half (1 ½) hours between 2:00 a.m. and 5:00 a.m. The Employee earns two (2) hours of fifteen percent (15%) night premium.
37.1 An Employee who is required to temporarily work in a higher-rated job classification or to work outside the Bargaining Unit for four (4) hours or more, shall be paid at the higher rate, provided that such rate is not less than twenty percent (20%) above the Employee’s regular rate.
37.2 An Employee who is not assigned to a senior classification and who is required to train or supervise a trainee for a minimum of one (1) hour, shall be paid at the premium rate as set out in Article 37.1 above for all time spent training.
37.3 The provisions of Article 37.1 and Article37.2 shall not apply when an Employee is assigned to work in a higher rated job function for training or trial, for a maximum of twenty-eight (28) calendar days, and, where a qualified staff member is assigned for the entire tour to assist in such training.
37.4 Where a temporary Employee is temporarily assigned, for four (4) hours or more, to a job classification rated higher than the job classification to which they are normally assigned, the Employee shall be paid at the wage rate applicable to the higher rated classification, and shall not be paid an upgrading premium.
37.5 Employees who are assigned to operate a Steadicam shall be paid a premium of twenty percent (20%) for each hour of such work with a minimum credit of one (1) hour.
Clothing and Tool Allowance
38.1 Upon completion of their probationary period, full-time On-Air Reporters and Video Journalists shall qualify for a clothing allowance per calendar year to the value of, and provided at intervals as set forth herein, for the purchase of appropriate clothing as set out in the following.
|YEAR||CLOTHING ALLOWANCE||DATES & DISPOSITION|
|January — December||$1400||January 15 $700|
|July 15 $700|
The Allowances shall be made available on the aforementioned dates provided the Employee has been in the continuous employ of the Company during the three (3)-month period immediately preceding the applicable available date.
38.1.1 The provisions of Article 38.1 above shall be applicable, on a pro-rata basis, to part-time reporters who are participating in a job-sharing arrangement and who appear on-air on a regular and recurring basis.
38.1.2 Where appropriate clothing is available for purchase from a clothing source(s) which has or is doing advertising business with the Company, the appropriate clothing shall be purchased from that clothing source(s).
38.1.3 Where appropriate clothing is not available for purchase as in Article 38.1.2, the clothing allowance (in whole or in part) shall be payable to the Employee upon the submission of receipts for the purchase of appropriate clothing. Receipts must be submitted within one (1) month of the purchase to be eligible for reimbursement.
38.2 Subject to Management approval and, upon completion of their probationary period, Employees classified as Broadcast Technician, Senior Broadcast Technician and Broadcast Technician Supervisor shall receive a tool allowance of one hundred fifty dollars ($150.00).
Subject to Management approval and, upon completion of their probationary period, full-time Employees classified as Microwave Operator, ENG Operator, Senior ENG Operator, Reporter, and Video Journalists shall be reimbursed, upon presentation of appropriate receipts, for up to one hundred dollars ($100.00) per calendar year for safety and/or appropriate (i.e anti slip or water resistant)footwear. The Company shall also provide such Employees with a suitable, all-weather jacket every three (3) calendar years. The Company agrees to discussion and input from the Union with regard to type of clothing that will be purchased.
39.1 The Company agrees to reimburse each Employee for all authorized and/or approved expenses when travel is authorized by the Company.
39.2 If an Employee is authorized to use their own automobile for transportation in connection with their duties they shall be reimbursed, from the date of ratification, at the rate of forty cents (.40¢) per kilometre.
39.3 When an Employee on Company business is involved in an accident resulting in damage to their car and the amount of damage cannot be recovered from any other person or persons, the Company agrees to reimburse the Employee the lesser amount of the deductible or five-hundred dollars ($500.00).
39.4 If an Employee requires higher automobile insurance rates due to using their personal car for business purposes, the Company shall reimburse them for any additional premium charged above the “Drive to Work” insurance rate. The Company shall not require an Employee to drive their car to work.
39.5 It is expressly agreed that the use of an Employee’s car in executing the business of the Company is not compulsory, and they may decline to do so under normal circumstances. However, in the case of an emergency, an Employee’s agreement to use their car will not be unreasonably withheld.
39.6 The Company shall supply all ENG Camera Operators with an automobile for the purpose of performing ENG work. All job-related expenses will be reimbursed after completion and approval of a Company expense report and the submission of relevant receipts.
39.7 The Company agrees to maintain adequate liability insurance on all vehicles owned and rented by the Company when it requests any Employee to drive.
40.1 Personal expenses incurred by Employees on remote assignment outside the Greater Vancouver Regional District shall be paid as follows:
40.1.1 Where an Employee is given a remote assignment which does not require them to stay overnight, they shall receive a meal allowance on the following basis:
40.1.2 Employees required to stay overnight shall be paid, within fifteen (15) days of the Employee submitting their claim, a per diem of fifty-five dollars ($55.00) to cover a twenty-four (24)-hour period.
Where an absence involves fractions of a day, three dollars ($3.00) per hour to the maximum of the per diem shall be paid. Where exceptional conditions require a higher per diem than those contained herein, the Company may in its discretion, provide an additional amount based on conditions at the locations concerned. Employees in receipt of per diem payments need not provide accounts or receipts for expenses.
40.1.3 An Employee on a remote assignment which requires them to stay overnight shall be reimbursed, upon the presentation of proper accounts and receipts, for the reasonable cost of accommodation.
40.1.4 Where an Employee is given a remote assignment, they shall be reimbursed, upon the presentation of proper accounts and receipts, for all reasonable transit expenses.
40.2 An Employee required to travel to a remote assignment shall be credited with all-time consumed in transit to and from the remote assignment. However, when travel to and from a remote assignment outside of British Columbia is on a common carrier, the Employee shall be paid at straight time to a maximum of eight (8) hours for the time spent travelling.
41.1 The Company agrees to give proper attention to the health and safety of its Employees and to adhere to all the provisions of Worksafe BC, all Rules and Regulations thereto, and any other statute, Federal or Provincial dealing with the safety and health of the Company’s Employees.
41.2 Having due regard to health and safety, the Company agrees to try to equalize the work load so that any individual Employee is not repeatedly scheduled excessive hours of work.
41.3 The Company shall not require an Employee to undertake, and no Employee shall undertake dangerous or hazardous work. An Employee’s refusal to undertake such work will in no way be held against the Employee or prejudice their employment with the Company.
41.3.1 An Employee may, before performing potentially hazardous duties, request the assistance of another Employee. The Company will not deny any reasonable request.
41.3.2 On assignments involving climbing on remote locations, a minimum of two (2) Employees shall be assigned.
The Company shall consider the capability of an Employee for assignments involving climbing, and will recognize valid inability to perform such assignments.
41.3.3 An Employee who has a valid inability as determined by the Workers’ Compensation Board shall be disqualified from that job function within the Bargaining Unit.
41.4 The Company agrees to supply adequate protective clothing, and/or safety devices or equipment for Employees on assignments (e.g. remote, towers), where conditions require their use, and to supply other special attire where required by the Company. It is understood that such protective clothing and/or safety devices or equipment are and remain the property of the Company and shall be returned in good condition on demand.
41.5 The Company shall appoint delegates to act as one-half (½) of the Safety Committee which, in conjunction with two (2) members of the Bargaining Unit, shall make recommendations to the Company relating to the safety and health of the members of the Bargaining Unit.
41.6 The Company shall, after prior approval and at the discretion of the Department Manager, reimburse an Employee for fees paid by an Employee, as tuition, for any industry-related course including Worksafe BC and Industrial First Aid Certificate courses. Payment is to be made after successful completion of such courses.
41.7 The Company shall pay a monthly bonus (not to be included in base rate) in the amount of fifty dollars ($50.00) to each Bargaining Unit member, to a maximum of four (4) at any one (1) time, who successfully completes the Standard First Aid course and maintains a valid certificate. The intent of this clause is to have the four (4) designated Bargaining Unit members contribute toward the fulfilment of Company’s obligations under the Canada Labour Code and therefore, the selection shall be made after prior consultation with the Union.
41.8 Taxi Fare
(a) Employees who rely on public transit as their primary transportation and are required to begin and end their shifts during hours that public transit is not running shall be reimbursed monthly for the cost of the taxi fare either to or from their home to a maximum of ten dollars ($10.00) per tour of duty provided appropriate receipts are presented.
(b) Employees beginning or ending their shift between the hours of 00:01 a.m. and 6:00 a.m. shall be reimbursed monthly for the cost of the taxi fare either to or from the nearest public transportation transfer point to a maximum of ten dollars ($10.00) per tour of duty provided appropriate receipts are presented.
Classifications and Salary Groups
42.1 Classifications covered by this Agreement are as follows:
|Group 1||Communication Services Representative (Courier)|
|Group 1.1||Traffic Coordinator|
|Group 1.2||Sales Coordinator|
|Group 2||Audio Assistant|
|Media Content Coordinator|
|Group 3||Make-up Artist|
|Production Assistant Intermediate|
|Senior Sales Co-ordinator|
|Senior Traffic Coordinator|
|Group 4||Assignment Coordinator|
|General Technical Operator|
|Junior Associate Producer|
|Master Control Operator|
|Writer/Researcher – Intermediate|
|Group 4.1||Graphic Artist|
|Interactive Content Coordinator|
|Junior Associate Producer/Floor Director|
|Sales Promotion Coordinator|
|Group 5||Electronic Graphics Operator|
|Senior Production Assistant|
|Group 5.1||IT Technician|
|Group 6||Associate Producer|
|Commercial Producer/Camera Operator|
|Senior Audio Operator|
|Senior Camera Operator|
|Senior Electronics Graphics Operator|
|Senior ENG Editor|
|Senior ENG Operator|
|Senior Floor Director|
|Senior Graphic Artist|
|Senior Master Control Operator|
|Senior Promotions Writer/Producer|
|Senior Video/Robotics Operator|
|Group 6.1||Supervising Editor|
|Senior Production Editor|
|Group 7||ENG Editing Supervisor|
|General Technical Operator (GTO) Supervisor|
|Senior Associate Producer|
|Senior Broadcast Technician|
|Senior Video Journalist|
|Group 8||Broadcast Technician Supervisor|
Effective September 1, 2020 – 1.00% increase to all classifications
Effective September 1, 2021 – 1.00% increase to all classifications
Effective September 1, 2022 – 1.00% increase to all classifications
Effective September 1, 2023 – 1.25% increase to all classifications
|Group 1||Sept. 1, 2020 1%||Sept. 1, 2021 1%||Sept. 1, 2022 1%||Sept. 1, 2023 1.25%|
|Group 1.1||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 1.2||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 2||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 3||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 4||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 4.1||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 5||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 5.1||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 6||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 6.1||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 7||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
|Group 8||Sept. 1, 2020||Sept. 1, 2021||Sept. 1, 2022||Sept. 1, 2023|
General Salary Provisions
43.1 Progression up the salary schedule within each salary group on an increment step shall be effective on the Employee’s annual anniversary date of employment within the classification and will automatically occur on the first complete pay period after the anniversary date.
43.2 Timesheets and Pay Stubs
(a) Each Employee will complete a record of time as prescribed by the Company. Upon submission to the Company, the same will become a permanent part of the Employee’s records.
(b) The Company will provide a breakdown of pay calculations on bi-weekly pay stubs which will be provided to the Employee. Such breakdown shall include overtime at rate earned, individual premiums, vacation pay, group benefits deductions, union dues and statutory deductions.
(c) Where an Employee’s record of time is altered, they shall be advised in writing as to the alteration by their Supervisor. It is the responsibility of the Company to calculate the Employee’s pay on the basis of accurate information supplied on the record of time.
(d) In the event of any dispute arising regarding pay cheques or time records, the Employee involved and the President of the Union shall have access to the Employee’s pay and time records upon reasonable notice to the Company.
43.3 All overtime must be approved by the Department Manager or their designate. Payment for overtime work, premiums and penalties shall be made not later than the end of the month following the month that such overtime etc. is worked, where the Employee’s timesheet has been submitted to their Department Manager or their designate in a timely manner. Timesheets shall be submitted within seven (7) calendar days following the completion of each two (2) week work period.
43.4 The term “basic rate” is understood to mean the basic hourly rate of the Employee involved. For purposes of computing an Employee’s hourly rate of basic pay, their annual salary be divided by two thousand and eighty (2080) hours.
43.5 Employees shall be paid according to the wage schedule in Article 42.3 at a step of the salary group to which they are assigned with credit for years of service within the salary group and any credit for industry experience and educational qualifications recognized by the Company.
43.6 The right to re-classify an Employee to a senior classification continues to be at the discretion of the Company.
Duration of Agreement
44.1 This Agreement shall commence on September 1st, 2021 and shall remain in force until the 31st day of August, 2024 and from year to year thereafter, unless either Party notifies the other Party by email or registered mail, not less than thirty (30) calendar days or more than one hundred twenty (120) calendar days prior to the date of expiry, or anniversary of such date, of its intent to modify the Agreement. If such notice is given as specified above, a meeting shall be held within twenty (20) calendar days for the purpose of negotiations and further meetings shall be held as frequently as possible until settlement has been reached or until requirements of Part 1 of the Canada Labour Code have been met.
LETTER OF UNDERSTANDING #1
Training and Development
The Parties to the Collective Agreement recognize the need to encourage Employees to upgrade and enhance their basic skills in order to meet the challenges presented by changes in the broadcasting industry.
Having regard for the foregoing, the Company agrees it shall make a reasonable effort to assign full-time Employees to fill temporary vacancies as such occasions arise, subject to the following:
1. Where it is known at least seven (7) calendar days in advance that a temporary vacancy will be filled, the Company shall notify all interested Employees as far in advance as possible of such vacancy.
2. To be eligible for transfer to a temporary position, an Employee must:
(a) Notify the Company in advance, in writing, of their desire to work in another job or jobs on a temporary basis;
(b) Meet the educational requirements for the job in question;
(c) Be capable of performing the work in question after being given reasonable assistance.
It is agreed that the Parties will encourage Employees to initiate additional job training during non-working hours, to enrol in off-the-job training programs that may be available and to discuss their career goals with their Department Managers. The Company agrees to provide reasonable financial assistance to Employees who obtain prior approval, for the cost of course fees and/or materials.
The Union agrees to consider, on an individual basis, the provision of waivers, regarding hours of work and scheduling provisions of the Collective Agreement, where such waivers will encourage on-the-job training and further provided that the individual affected is in agreement.
It is agreed that the Parties’ Representative shall meet as required during the term of the Collective Agreement to assess the implementation of the provisions of this Letter, to review changing industry conditions and to discuss the impact those changing conditions may have on the Company and its Employees.
LETTER OF UNDERSTANDING #2
Administration of Rogers Short-Term and Long-Term Disability Programs
The purpose of this letter is to provide guidance and understanding for Employees related to Short-Term Disability (sick-leave). The Company policy can be accessed on the Company’s internal intranet sites. It is essential that Employees have access to information and understand the steps of both the claim and appeal process for Short-Term Disability and Long-Term Disability benefits.
Notwithstanding the policy the following shall apply:
To this end, the Parties confirm our understanding of the following:
After three (3) days absent from work due to an illness a Lifeworks Case Manager may contact the member and conduct an interview to determine the nature of the claim and either approve or deny the claim.
Should the claim for STD benefits not be supported, an Employee may appeal the decision and the impacted member shall inform the Union at their discretion.
If an Employee has concerns about the process, including their experience with the Case Manager Provider, they should immediately contact their Manager or, at their option, Human Resources or their Union Representative.
LETTER OF UNDERSTANDING #3
Health & Welfare
Re: Pension and Insurance Benefits Plans
1. The Union has expressed concerns about what would happen to the operation of the Rogers Communications Inc. standard benefit plans set out in Article 27 in the event the business is sold to a new employer during the term of this Collective Agreement.
2. The Company agrees that it will not exercise its management right to change these plans in order to accommodate new or different plans provided by the purchaser to its Employees. Rather, the Company agrees that it will maintain the Rogers Plans as they exist at the time of the sale, for Employees in the Bargaining Unit up to the closing date and will include in the Agreement of Purchase/Sale a covenant requiring that the purchaser maintain the benefits in a form substantially the same as the Rogers Plans until it has negotiated any proposed changes with the Union.
LETTER OF UNDERSTANDING #4
Re: Pay Equity Process
The Parties agree to meet within the first quarter of 2022 to discuss setting up a Pay Equity process as per legislative requirements, which may include appropriate notices and postings for Employees, appointing committees, time off and compensation for training and setting a schedule of meetings.
Company policy goes here.
Policy may be updated from time-to-time and can be found on the Company’s internal intranet websites.