CH Vancouver Island and CEP 815M Collective Agreement 2004 2007 MAIN page

Intent

1.1 It is the purpose of this Agreement, in recognizing a common interest between the Company and the Union in promoting 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 parties.

1.2 To this end, the Union agrees that it will co‑operate with the Employer in the observance of the provisions of this Agreement and of the Employer's regulations pertaining to Employees, and to maintain at all times in its negotiations with the Employer and in its discussions with individual employees the concept that each Employee shall give a fair return of his services.

2.1 The Company recognizes the Union as the exclusive bargaining agent for all persons employed in the Unit defined by the Canada Labour Relations Board in its decision of June 3rd, 1965 certifying NABET and any amendments thereto as mutually agreed by the parties, or as ordered by the Canada Industrial Relations Board or in any of the positions listed in the wage schedule in this contract.

2.2 The Company will bargain collectively with the Union, as required by the certification above referred to, in respect to rates of pay, wages, hours and conditions of work for all employees as set out in 2.1.

3.1 The term "employee" as used in the Agreement shall mean any person, either male or female, employed in a classification included within the bargaining unit referred to in Article 2.1. It shall include any person employed in any job or classification created in the future which the parties by mutual consent decide to include within the bargaining unit. Provided that where mutual consent is not reached, such failure shall not become a subject for grievance under this Agreement, but may be referred by either party to the Canada Industrial Relations Board.

3.1.1 Wherever in the wording of the Agreement the masculine gender is used, it shall be understood to include the feminine gender.

4.1 All employees covered by this Agreement shall be considered full-time employees of the Company except as otherwise provided. These full-time employees shall be probationary employees for a period of six months from the date of their employment with the Company. During the probation period the Company at its discretion may release the employee at any time, and such release may be subject to the grievance procedure up to but not including arbitration.

4.2 A part-time employee is defined as one hired on a regular basis to work less than thirty-five (35) hours per week. Such employee shall be paid on an hourly basis at a rate equal to 1/80 or 1/75, whichever is applicable, of their bi-weekly salary. A part-time employee may work a standard work week when relieving a full-time employee.

Regular part-time employees shall be defined as those employees who work a minimum of 16 hours per week averaged over the previous twelve weeks.

4.2.1 Part-time employees shall be paid on the salary scale of the group to which they are assigned and progression shall occur at 1040 or 2080 (which ever is applicable) hours worked for those employees working 40 hours per week or 975 or 1950 hours worked for those employees working a 37.5 hour work week. This calculation shall include all hours worked including paid sick leave.

4.2.2 All articles of this agreement shall apply to part-time employees except as hereinafter provided:

a) Article 16 - Company Seniority; shall apply, however, seniority shall be calculated and accumulate according to all hours of work including all hours on paid leave but excluding all hours worked prior to establishing part-time status. For example, 173 hours equal one (1) month of seniority.

b) Article 21 - Lay-Off; Lay-off shall apply to regular Part-time employees, however, in the event of a lay-off, affected employees shall receive four (4) weeks' notice, or four (4) weeks' salary in lieu of notice. It is further agreed that Part-time employees shall be entitled to severance pay on a pro-rated basis. In the event a part-time employee works in more than one job function, severance shall only apply to lost hours associated with the job function affected by the lay-off.

c) Article 22 - Re-Engagement; shall apply to regular Part-time employees, however, recall rights as set out in Art. 22.3 shall not exceed six (6) months. In the event a regular part-time employee on lay-off works 16 or more hours per week) averaged over the previous 12 week period their re-call rights shall be re-established for another six (6) months.

d) Article 27 - Technological Change shall apply to a regular Part-time employee, however, the notice referred to under Article 27.2.1 shall be 12 weeks or 12 weeks� pay in lieu of notice.

e) Article 33 - Tour of Duty; shall not apply, however, the minimum scheduled tour of duty shall be four (4) hours. All hours worked in excess of the scheduled hours shall be paid at one and one-half (1�) the basic rate for all hours worked. There shall be no assignment of split shifts except by mutual agreement between the employee, Union, and the Company. Any extension of the posted tour of duty may be refused with the exception of the most junior part-time employee on location at the time of the shift extension.

f) Article 37 - Days Off; Part-time employees working 24 scheduled hours or more per week shall have two (2) consecutive scheduled days off per week, designated by the Company. Days off may be changed without penalty by mutual agreement between the Company, Union and employee. Part-time employees are exempt from the minimum weekend off provisions.

g) Article 49 � Legal Holiday; shall not apply, however, part-time employees required to work on a statutory holiday shall be paid one and one half (1�) times their regular rate for all hours worked with a minimum credit of four (4) hours and two times their basic rate for all hours worked over eight (8). In addition, the employee will receive five percent (5%) of regular earnings over the previous thirty (30) calendar days.

h) Article 51 - Sick Leave; shall apply, however, part-time employees shall be entitled to accumulate one and one-half (1�) days of paid sick leave for every one hundred and seventy-three (173) hours worked, which shall include all hours worked, after establishing part-time status.

i) Article 52 - Regular part-time employees who work a scheduled shift of 24 or more hours per week shall be entitled, upon completion of a 3 month period, to the Health and Welfare benefits as contained in this agreement, excluding Long Term Disability and Pension Plan. It is understood that the Company�s portion of the employee benefit premiums will be paid on a pro-rata basis.

Those part-time employees who do not qualify for Health and Welfare benefits shall be paid fifty cents ($.50) per hour in lieu.

4.2.3 The provisions of Article 4.2 above will not be used for the purpose of eliminating or replacing full-time employees or to avoid the re-call from lay-off of full-time employees or avoid hiring full-time employees.

4.2.4 Part-time employees shall be probationary employees for a period of 1040 hours worked from the commencement of their employment within the job function.

4.2.5 A part-time employee may refuse additional work outside their regularly scheduled work assignment except as contemplated in Article 4.2.2 (e). However, part-time employees must submit in writing shifts that they are not available to work and shall update that information when any change occurs.

4.2.6 Part-time employees shall be offered, on a seniority basis, all part-time (including sick relief) and/or temporary work for which they are qualified. Where such work would result in overtime and/or any other penalties (excluding night differential) then the Company may offer the work to the next senior qualified part-time employee. If a qualified part-time employee is unavailable then the company may offer the work to a temporary employee. This Article shall exclude hours offered to an employee at the time of lay-off and rejected.

4.3 A "Temporary employee" is defined as one hired on a sporadic, occasional basis or for a particular show or occasion. It is further understood and agreed that the purpose in utilising temporary employees is not to lay-off regular or full-time employees nor exclude the hiring of regular or full-time employees where a regular job exists.

None of the Articles of this Collective Agreement shall apply to "temporary employees" except as hereinafter provided:

(a) Article 31 - Temporary employees shall be paid at a minimum hourly rate appropriate to the scale and step to which they are assigned in accordance with previous industry experience within the equivalent job function.

(b) Article 33 - Tour of Duty - the following shall apply: basic hourly rate shall be paid at a minimum tour of four (4) hours.

(c) Article 35 - Posting of Schedules - Temporary employees shall have their schedules posted (written in) as soon as reasonably possible after they are hired by the Company.

(d) Article 37 - Days Off; Temporary employees working 37.5 hours or more per week shall have two (2) consecutive scheduled days off per week, designated by the Company, however they are exempt from the minimum weekend off provisions.

(e) Article 38 - Work on Days Off- shall apply subject to the application of Article 37.

(g) Article 49 - Legal Holiday; shall not apply, however temporary employees required to work on a statutory holiday shall be paid one and one half (1�) times their regular rate for all hours worked with a minimum credit of four (4) hours and two (2) times their basic rate for all hours worked over eight (8). In addition, temporary employees shall receive statutory holiday pay calculated at 5% of gross earnings over the previous 30 days.

4.3.1 Temporary employees will not be used to displace bargaining unit employees, or to avoid the recall from layoff of a bargaining unit employee or to avoid hiring regular or full-time employees.

4.4 The Company agrees to consult with the Union prior to any further permanent combination of job functions which will result in the elimination or displacement of regular employees or the hiring of said regular employees.

4.5 Part-time and temporary employees hired to perform bargaining unit functions will pay Union dues pursuant to Article 7 of this agreement.

4.6 When an aggregate number of part-time hours worked in any one job function exceeds forty (40) hours per week on a regular basis (max. six consecutive weeks), the Company shall post a full-time position in that job function provided that the full-time position can eliminate the need for the part-time position(s).

When the number of hours worked by any part-time employee in one or more part-time job functions averages forty (40) hours or more on a regular basis, (max. six consecutive weeks) the company shall post a full-time position in that job function provided that the full-time position can eliminate the need for the part-time position(s).

When a aggregate number of hours worked (excluding maternity and paternity leave) in any combination of job functions exceeds 910 hours (excluding overtime) in any 180 consecutive day window, the Company shall post a full-time position that reflects the combined job function provided that the full-time position can eliminate the need for the part-time position(s).

4.7 The Company shall provide the Union, on a monthly basis, a report of the name, classification, and hours worked by all employees in a part-time, or temporary capacity.

5.1 It is recognized that the Management of the Company, the control of its properties and the maintenance of order on its premises is solely the responsibility of Management. Before implementing new rules and regulations directly affecting the general working conditions, the Company will advise and explain such proposed rules and regulations to the Union.

5.2 Other rights and responsibilities belonging to the Management of the Company and hereby recognized, prominent among which but by no means wholly inclusive, are: the right to decide the number and location of plants; and the amount and type of machinery and technical equipment required; the amount and type of supervision necessary; methods, procedures and standards of operation; judgement and final evaluation of personnel qualifications; operating schedules and the selection, procurement, designing and engineering of equipment which may be incorporated into the Company's plant.

5.3 It is further recognized that the responsibility of the management of the Company for the selection, direction, and determination of the size of work forces, including the right to hire, suspend or discharge for proper cause, or transfer, or promote or relieve employees from duty because of lack of work, is vested exclusively in the Company.

5.4 The management rights of the Company as above set forth, excepting only as they relate to control of the Company's properties and the maintenance of order on its premises, shall be exercised in all respects in accordance with the terms of this Agreement.

6.1 The Company will not assign, transfer, or require employees to go to any radio station, television station, transmitter (excluding rebroadcasting transmitter only), studio or property where a lawful strike of persons whose functions are similar to those covered by this Agreement is in progress. Nor will it originate a program or programs not normally fed to such facility, nor will the Company require any employee to perform the duty of other staff members engaged in a lawful strike.

7.1 All employees of the Company, in the bargaining unit, who were members of the Union as of March 1st, 1976, and any employee who was employed prior to March 1st, 1976 who subsequently joins the Union, and all new employees who join the Union, shall remain members of the Union, in good standing, as a condition of employment.

7.1.1 The Canada Labour Code, Part I, Section 95 (e) provides that: "No trade union or person acting on behalf of a trade union shall require an employer to terminate the employment of an employee because he has been expelled or suspended from membership in the trade union for a reason other than failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union".

7.1.2 The Company will discharge any employee covered by the provisions of Article 7.1 within two (2) weeks after receiving written notice from the Union that the membership of such employee has been revoked or cancelled in accordance with the Union's Constitution and By‑Laws and provided further that there is compliance with Article 7.1.1.

7.2 During the term of this Agreement, the Company agrees to deduct monthly, an amount equal to the uniform dues and/or assessments as levied by the Union. The deductions are to be based on the gross monthly earnings of every employee who is presently paying dues, and all new employees in the bargaining unit, beginning with the date of hiring in the bargaining unit. The present rate of deductions is equal to one and two‑thirds per cent (1.666%) of gross monthly earnings. The Company will be notified by registered mail of any changes in the present rate of deductions.

7.3 The Company agrees to remit the monies so deducted to the Union or its nominee monthly by cheque payable at par in Canadian funds. The Company shall remit such dues by the fifteenth (15th) of the month following the month for which the dues are deducted and shall include with such remittance a statement on computer disk in ASCII format, showing the following:

(a) the name, classification, title and base salary of each bargaining unit employee;

(d) the name of any employee who has left or joined the Company since the last dues remittance.

7.3.1 A copy of this dues check‑off list is to be forwarded to the local Union Secretary at the time it is sent to the National Union office.

8.1 The Company will not interfere with, restrain, or coerce the employees covered by this Agreement because of membership in or lawful activity on behalf of the Union. The Company will not discriminate in respect to hiring, tenure of employment or any term of employment against any employee covered by this Agreement 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.

8.2 The Union agrees that it will not discriminate against, coerce or restrain any employee covered by this Agreement or attempt to do any of the foregoing because of his membership or non‑membership, his activity or lack of activity in any labour organization.

8.3 No employee covered by this Agreement shall be required as a condition of employment to become a member of the Union.

9.1 The Company shall immediately [not later than five (5) days excluding Saturdays, Sundays and Legal Holidays] mail to the CEP Western Region office in Vancouver and to the CEP Local President, one (1) copy of each of the following:

9.1.1 Notice of hiring, promotion, transfer, resignation, dismissal, suspension or any written disciplinary action affecting any employee within the bargaining unit.

9.1.2 Any written notice pertaining to the application or agreed interpretation of this Agreement.

9.2 Any notification to an employee required under the provisions of the Collective Agreement is understood to mean that the Company will notify the employee directly.

9.3 The Company shall, when notifying a person of his acceptance as an employee, provide in writing, the starting rate of pay and the classification to which he is assigned. A copy of this notice shall be sent to the Union in accordance with Article 9.1 of this Agreement.

9.4 The Company shall provide the Local Union with a report containing the name, job classification and hours worked by each part-time and temporary employee on a weekly basis. This report will be forwarded to the Local Union within ten (10) calendar days of each week.

10.1 Upon request by the Union, the Company will release without loss of pay or other benefits, up to three (3) employees named by the Union to attend grievance meetings and three (3) employees for negotiation meetings. Not more than one (1) employee from each job function shall be released to attend negotiation meetings.

10.2 Leave without pay will be granted to any employee duly authorized to represent employees in order to:

10.2.1 Attend Executive Council meetings, Labour Conventions, Congresses, etc. A request for such leave shall be submitted at least fifteen (15) days in advance, and such leave shall not be in excess of seven (7) days, plus travelling time if necessary.

10.2.2 Accept a full‑time elective position with the Union for a period not exceeding four (4) years, or a full‑time appointive position with the Union for a period not exceeding one (1) year. Any additional yearly periods may be granted by the Company on receipt of a written request of the employee and the President of the Union.

10.2.3 Attendance at Labour Educational Seminars will be approved at the Company's discretion and approval will not be unreasonably withheld.

10.2.4 It is agreed that not more than two (2) employees shall be released at any one (1) time, with a limit of one (1) in each of the above clauses (10.2.1, 10.2.2 and 10.2.3) at any one (1) time.

10.3 Leave provided for in Article 10.2.2 shall not constitute a break in continuity of service in the computation of seniority and with respect to Article 10.2.1, shall not constitute a break in the continuity of service in the computation of seniority, severance pay, or other benefits under this Agreement.

11.1 Representatives of the Union shall have access to the Company's premises to carry on inspection or investigations pertaining to the terms and conditions of this Agreement at any operating unit of the Company, at reasonable notice to the Company, and free from unreasonable interference from the Company. Such investigation or inspection shall be carried on at reasonable hours and in such manner as not to interfere unduly with the normal operations of the Company. The Company will furnish a suitable business letter or a card of identification for the representative entitling him to admission to the premises of the Company and other places where employees covered by this Agreement may be working.

12.1 The Union will not engage in Union activities other than those provided for in this Agreement during working hours or hold meetings at any time on the premises of the Company without Company permission.

13.1 No employee shall accept outside employment where such employment is in direct competition with the Company, or adversely affects his work with the Company.

14.1 The Union will not cause, nor permit its members to cause, nor will any member of the Union take part in a slow‑down or a strike, either sit‑down or stay‑in or any other kind of strike or any other kind of interference or any stoppage, total or partial of any of the Company's operations during the term of this Agreement. The Company will not cause, or permit its employees to cause, engage in or permit a lockout of any of its operational locations during the term of this Agreement.

15.1 The Company agrees to the posting by the Union on scheduling boards, of announcements regarding elections, meetings, negotiation developments and internal affairs of the Union, provided such notices are authorized by management and approved by the Union.

15.1.1 The Company agrees to provide a Notice Board exclusively for the posting of Union notices.

15.2 The Company agrees to provide space in which the Union may locate a filing cabinet. This cabinet is to be used for the storage of records, grievance forms, etc.

16.1 Unless otherwise provided, all seniority shall be based on Company seniority, which shall be deemed to have commenced on the date of hiring by the Company into the bargaining unit. Continuous service within the bargaining unit shall be necessary in all cases to which seniority applies, except where the Collective Agreement provides otherwise.

16.2 Company seniority shall relate only to the order of lay‑offs, promotions, severance pay and the choice of vacation periods, as provided for in the applicable article.

17.1 In the event an employee with one (1) year or more of Company seniority is laid off or is granted leave of absence or is temporarily transferred to a position within the Company (not to exceed one year) not covered by this Agreement the following shall apply:

17.1.1 Continuity of service for the purpose of Company seniority shall be considered unbroken if he returns to the status of an employee within one (1) year, or

17.1.2 If he returns to the status of an employee after one (1) year has elapsed, his Company seniority upon returning shall be that which he had on the effective date of such layoff, transfer or leave of absence.

17.2 In the event an employee with less than one (1) year of Company seniority is laid off:

17.2.1 And he returns to the status of an employee before six (6) months have elapsed, his Company seniority upon return will be that which he had on the date of such lay‑off.

17.3 Seniority shall cease to exist if the employee resigns or is discharged.

18.1 The employee with the most Company seniority shall, if he meets the qualifications for the position as set by the Company, be transferred to fill a vacancy or be promoted to fill a vacancy in a higher rated job function. The employee will be given reasonable assistance and time to train for the higher rated job function. Nothing in this Article precludes the Company from hiring applicants from outside sources where no qualified employees apply and are accepted.

18.1.1 Upon request, employees not promoted or transferred will be informed of the reasons for not being given the job or for not being transferred.

18.2 An employee promoted to fill a vacancy in a higher rated job function or laterally transferred to another job function shall be on a trial period in such job function for a period of up to sixty (60) days. The Company may, at any time during this trial period, return the employee to his former job function with no loss of seniority. At the conclusion of a successful trial period, the employee will be advised in writing that his new position has been made permanent.

18.3 Without his consent, no employee shall be transferred or assigned to a position outside the bargaining unit and the employee will not be penalized for such refusal.

18.3.1 No employee shall be transferred or assigned, except on a temporary, per occasion basis, to another classification within the bargaining unit, except by mutual consent.

18.3.2 No employee shall be permanently transferred to a location, outside the Greater Victoria area, except by mutual agreement, unless all existing employees within a job classification refuse such a transfer. In that case, the Company may, at its discretion, transfer the least senior employee(s) within that job classification.

18.4 Employees required to perform in a job function different from their regular function will not be penalized for errors committed during such performances, without considering the adequacy of training.

18.5 When an employee is promoted into a higher rated job function he 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 his former group plus the amount necessary to place him on step in the new group, and he shall automatically progress upward on his annual or semi‑annual anniversary date of employment, i.e. the date of anniversary increases shall not be affected by any change in job function.

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 outlined in Article 18.5, receive an amount equal to the average increase in his 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.

18.6 Any full‑time and part-time positions within the bargaining unit shall be posted for a minimum of five (5) days prior to hiring outside of non‑bargaining unit personnel to fill such vacancies. If ensuing vacancies are caused by such promotions or transfers within the bargaining unit, they need not be posted for this five (5) day period if mutual agreement is reached between the Company and the Union. Such agreement will not be unreasonably withheld.

19.1 In the event that an employee is temporarily assigned to perform work which involves a meaningful function of a higher classification than that to which he is permanently assigned, he shall be paid two dollars ($2.00) per hour with a minimum credit of four (4) hours. In the event that an employee is upgraded beyond an eight (8) hour tour of duty he shall be paid eight dollars ($8.00) for every subsequent four (4) hours or part thereof. This clause shall not be used for the purpose of reducing the number of employees in the job function to which such employee is being upgraded. When an employee is upgraded through more than one wage classification (e.g. Group II to Group IV), the rate mentioned above will be doubled. At the time of such assignment an employee shall be verbally advised of the temporary upgrading and this shall be recorded on the employee's time sheets.

19.1.1 The provisions of Article 19.1 shall not apply when an employee is assigned to work of a higher classification for training or trial, for a maximum of fifteen (15) days and where a qualified staff member is assigned to assist in such training. Further, 19.1 shall not apply when an employee temporarily relieves another employee in a higher classification for break periods or when a reporter performs news assignment editor duties on weekend, statutory holidays or evenings, except where a news assignment editor would normally be required, e.g. Election coverage, Royal or Papal visits.

19.2 In the event of a temporary upgrading of an employee for a period of more than one (1) day [but in no event may a temporary upgrading be of greater duration than three (3) calendar months with the exception of parental leave] the employee so temporarily upgraded shall be verbally advised at the time of his assignment to a higher classification. Such advice shall also stipulate the probable duration of such temporary upgrading.

19.3 Where upgrading involves a job combination(s) the duration of upgrading may be extended to a period of six (6) months. If the combination job function averages 16 or more hours per week and continues beyond six (6) months the employee shall be re-classified to the higher-rated job function and shall be placed on the new scale in accordance with the provisions of Article 18.5.

19.4 Training: Bargaining unit employees who are not classified as supervisory, senior or other comparable classifications shall be entitled to claim upgrading as per Article 19 when assigned to train other employees. The parties recognize that there is a difference between training and familiarization and there will be no requirement to pay upgrading for familiarization.

20.1 Dismissal of an employee shall be for just and sufficient cause and it is agreed that dismissal may be subject to the grievance procedure. With the exception of probationary employees, any employee dismissed for just and sufficient cause (except for gross misconduct) shall be entitled to two (2) weeks notice or in lieu of such notice, shall be given two (2) weeks pay plus accrued vacation pay and any severance pay earned under Article 54.

20.1.1 Gross misconduct shall be defined as any stand alone incident that would lead to immediate dismissal, which is not overturned by the grievance procedure or by an arbitrator.

20.2 An employee, when resigning, will give the Company two (2) weeks notice in writing and where possible, three (3) weeks notice.

21.1 The Company will consult with the Local Union executive with respect to any planned lay‑off prior to any discussions with those employees that may be affected. At this meeting the Company shall supply in writing a complete seniority list, names and classifications, of those affected and the reason for lay-off. It is understood that this consultation will be deemed strictly confidential and as such, the proceedings will not be disclosed to any other individual, prior to the Company notifying the individual employee(s). Notice of such meeting shall be a minimum of forty‑eight (48) hours. When lay-offs are to be made, such lay-offs shall proceed in inverse order of Company seniority within those job functions and/or categories affected where the work has been reduced or eliminated; said job functions are listed in Article 30.

21.1.1 Notwithstanding the foregoing, a more senior employee in a job classification may offer to be laid off in the place of a more junior employee. If the offer is accepted by the company the more senior employee will waive his bumping rights and will receive the severance provided for in Article 21.3.1.

21.2 Any employee about to be laid off from one job function who has the necessary qualifications set by the Company for another job function may apply his Company seniority and revert to such other function. Such qualifications shall be set in a bona fide manner. No employee is to be displaced by a more senior employee unless the latter possesses the occupational qualifications of the job filled by the employee with less seniority. Employees must declare their intent to bump within two weeks of receiving layoff notice. An employee bumped under either Article 21 or 27 shall receive the notice appropriate to the applicable Article, plus the remainder of the notice period of the employee that bumped. Notwithstanding the forgoing, employees may not exercise bumping rights to anchor classifications.

21.2.1 Employees who bump into a lower job group shall be paid at a rate within the new group closest to their rate of pay prior to the bump.

21.2.2 Employees who bump into a higher job group shall be paid at a rate within the new group closest to, but not less than, their rate of pay prior to the bump.

21.2.3 Employees who bump into a different classification shall retain recall rights, for up to one year, as per Article 22, to their former classification.

21.2.4 Employees laid off under Article 27 must declare their intent to bump within 2 weeks. However, should a bumping opportunity, or job posting arise during the notice period that was not available at the time of declaration, the employee shall retain their right to bump or apply.

21.3 In the event of lay-offs, employees affected will receive six (6) weeks' written notice or six (6) weeks' salary in lieu of notice, plus severance pay, and accrued vacation pay.

21.3.1 In the event of lay-offs, under either Articles 21 or 27, employees affected will receive two (2) weeks severance for each completed year of service up to seven (7) years, and three (3) weeks severance pay for each completed year of service, beyond seven (7) years to a maximum of fifty-two weeks. Up to two (2) weeks of the total may be actual notice with the balance paid in a single lump sum.

21.4 While an employee is laid off, the Company will continue the total group health and welfare payments (excluding LTD) for the period of lay‑off up to a maximum of one year or until the employee is eligible for benefits at the new place of employment.

21.5 The Company agrees that it will not consistently schedule overtime in order to affect or extend lay‑offs.

21.6 It shall be the intention of the Company to give full consideration for job vacancies within the bargaining unit to those employees who are to be laid-off.

21.7 Employees who revert to a lower salary group at their own request, shall be placed in the lower group at the closest equivalent salary to their previous higher group.

It is agreed that employees who are currently �red-circled� shall be grandfathered with respect to the above.

21.8 An employee on layoff who has worked on a part-time basis shall retain part-time status upon the expiration of recall rights. Seniority shall be calculated from the date of employment by the company.

ARTICLE 22

22.1 Where any full-time or regular part-time work becomes available for which a laid-off employee is qualified, the Company agrees to re-engage, in order of company seniority. The qualifications will be set in a reasonable manner. For the purpose of this Article "re-engage" means to return to work in a full time or regular Part-time position.

Employees who are recalled or re-engaged under this provision to a job function other than previous function shall be paid at a level within the new group that is closest to their previous rate of pay.

22. 2 Employees who fail to return to work on a full-time basis, to their previous position, when notified by the Company, will lose their re-engagement rights.

22.3 Where any other part-time or temporary bargaining unit work becomes available for which a laid-off employee is qualified, the Company agrees to re-call, in order of company seniority. However re-call shall exclude all hours offered to the employee at the time of lay-off and rejected. The qualifications shall be set in a reasonable manner.

For the purpose of this Article "re-call" means to be called to work for any part-time or temporary work available.

Full-time employees laid off under Articles 21 or 27 shall be entitled to re-engagement or recall rights for one (1) year from the date of lay-off.

22.3.1 When an employee on lay-off has worked more than 910 regular (non overtime) hours over any 180 consecutive day window, the employee shall be considered to have reverted to full-time status.

The Company will not manipulate or re-schedule productions, projects and shifts in order to avoid the re-establishment of recall rights as described above.

In the event an employee on lay-off works 240 or more regular hours within a ten (10) consecutive week window, their recall rights shall be re-established for another twelve (12) months.

For the purposes of this Article "regular hours" shall exclude overtime. However, hours worked on a day-off (Article 38) to a maximum of eight shall be included.

22.3.2 Where an employee has been re-engaged pursuant to this Article and has been paid severance in accordance with Article 21, the employee�s seniority for the purposes of severance shall be considered that of a new employee.

22.4 The Company�s responsibility will be considered to be fulfilled if the Company gives notice in writing, by registered mail to the former employee�s last known address. The employee must notify the Company of his intention within seven (7) days of receipt of said letter.

23.1 An employee shall be notified in writing, of any written expression of dissatisfaction concerning his work within ten (10) working days of cause for dissatisfaction becoming known to his Supervisor. He shall be furnished with a copy of any complaint or accusation which may be detrimental to his advancement or standing within the Company. If this procedure is not followed, such expressions of dissatisfaction shall not become part of his record for use against him at any time. This Article shall not prevent verbal expressions of dissatisfaction, but such verbal expressions must be reduced to writing before becoming part of an employee's record.

23.2 The employee's written reply to such complaint or accusation if received within ten (10) working days after he has been given the notice referred to in Article 23.1 above, shall become part of his records. If such reply is not so received, it will not become part of his record for use by him at any time.

23.3 An employee shall have access to his personnel performance file in the presence of his supervisor during office hours, once every six (6) months (or earlier in the case of a grievance), at a mutually agreeable time, but in no event later than three (3) days after the initial request.

23.4 Upon request for review by an employee, there shall be an evaluation of the employee's performance record. Where there exists a complaint or accusation which may be detrimental to the employee's advancement, and where the employee's record shows no related occurrences within the previous twenty‑four (24) month period, the Company shall remove such complaint from the employee's record or provide the reasons for leaving it in the employee's record in writing within ten (10) days.

24.1 The Company agrees to continue the present practice of assigning all duties relating to the preparation, staging, audition, rehearsal, recording and/or broadcast of the Company's material to employees defined in Article 2.1 of the Agreement. Employees as defined in Article 2.1 of the Agreement shall install, set‑up, modify, assemble, operate and maintain all the Company's television equipment used, owned, rented, leased and obtained by the Company; or any equipment obtained in the future to replace or supplement such equipment. This equipment shall mean all electronic, mechanical, and optical equipment and otherwise, used for broadcasting TV material, including that used in transmitting, control and/or conducting audio and video frequencies, and signals for use in broadcast, closed circuit broadcast, rebroadcast, pick‑up, relay, audition, rehearsal, recording, sound effects, visual effects, inter‑communication equipment for broadcast purposes, and/or on‑air playback.

24.2 The Company agrees that it will not transfer, assign or subcontract any work or functions covered by this Agreement to which employee(s) are entitled under the terms of this Agreement to any other employee(s) of the Company not covered by this Agreement, or to any other company or its employees.

24.2.1 Where bargaining unit work currently being performed by bargaining unit employees, as set out in Article 24.1, is transferred or relocated to another location of the Company, said work shall continue to fall under the provisions of this Collective Agreement.

24.2.2 It is understood that the Company will be permitted to use "news" originating from news services including the use of personnel and news gathering services from any business division or subsidiary of Global Communications Ltd. or Global Television Network Inc, provided such practice does not eliminate or replace bargaining unit employees and provided that any full-time or part-time positions are filled by bargaining unit employees. It is further understood that the Company will be permitted to use "news" originating from other sources provided that such sources are not performing work under any prior arrangement or contract with the Company.

24.3 The Company itself shall not, nor shall it permit anyone to use its premises, facilities, or equipment owned, operated or controlled by it in any manner, which affects or changes the work, duties or working conditions of employees in the bargaining unit herein unless employees in the bargaining unit are assigned to the work involved. In such instance the Company will negotiate with the Union as to the work to be performed, the wage to be paid therefore, and the wage rate of other jobs filled by employees represented by the Union which are made more onerous or difficult thereby. The new rate or rates shall be effective as of the date when the work was first performed. The Union agrees that the operation of the Company shall not be interrupted pending agreement upon the matters under negotiation in accordance with the provisions of this section.

24.4 The Company may use a specialist to maintain, test, adjust or repair any equipment or device operated or maintained by members of the bargaining unit. A member of the bargaining unit shall be assigned to assist or accompany such specialist in order to familiarize himself with the maintenance, and adjustment, or repair being performed by the specialist, if such duties of the specialist are to be assumed by member(s) of the bargaining unit.

24.5 The Company agrees not to assign to persons outside the bargaining unit duties performed by members of the bargaining unit, but it is agreed that the following work practices by persons outside the bargaining unit as defined in Article 2.1 are recognized by the Union, and the Company shall not be required to alter such practices:

24.5.1 The Chief Engineer/Chief Studio Technician may continue to perform maintenance functions for training purposes, familiarization and in cases of emergency.

24.5.2 The News Director may continue, as in the past, to perform the duties of a News Reporter in the execution of his normal job function.

24.5.3 The Production Manager(s) and/or assistant Production Manager(s) may perform the functions of a producer in the execution of his normal job function.

24.5.4 The present practice of interchange of personnel between Global BC and CH TV..

24.5.5 Staff personnel who may be required to use portable technical equipment [e.g. three‑quarter (3/4) inch VTR] in presentations or screenings to clients, advertising agencies and Company Executives.

24.5.6 The parties agree that the present style of interdependence (between Global BC and CH TV. ) in the area of news and public affairs will continue. The parties further recognize that Article 6.1 would prevent such practice under certain conditions.

24.5.7 The Union agrees to allow the use of students on practicums to perform bargaining unit functions when such students are assigned to work under the supervision of a bargaining unit member. Students will not be used in such a way as to replace a bargaining unit employee on leave or vacation or to avoid payment of penalties or premiums to regular or fulltime employees.

24.5.8 The Executive Secretary/Administration Manager may perform the function of a Switchboard Operator/ Receptionist during meal periods and break periods, and for training purposes, familiarization and emergencies.

24.5.9 The Operations Manager may perform operational functions for training purposes, familiarization and emergency.

24.5.10 The Company shall be permitted to utilise outside experts/ specialists on all news programs for on-air commentary and/ or analysis in their area of speciality.

24.5.11 Program promotion (ie editing and post production voiceovers, tags, graphic components etc.) to be permitted within any business divisions of Global Communications Ltd. or Global Television Network Inc.

24.6 It is agreed that the provisions of Article 24.5 shall not be used for the purpose of eliminating regular or full-time employees or to avoid hiring regular or full‑time employees.

24.7 The parties recognize that the intent of Article 24 is to have bargaining unit personnel perform their duties as defined in Article 24. Therefore when a waiver of the foregoing Article 24 is deemed necessary the procedure shall be as follows:

(a) The Company shall, within twenty‑four (24) hours of receiving a request from an outside agency, notify the union of the pertinent details concerning any waiver request.

(b) The Union shall, within twenty‑four (24) hours, reply to the waiver request.

(c) The above time limits shall be exclusive of Saturdays, Sundays, and Legal Holidays.

25.1 Every audio/video tape recording and all programming produced by the Company for air shall have the CEP seal or videograph legibly exhibited on the following:

25.2 The Company shall give air credits to employees where, in its opinion such credits are merited by their contribution to the performance in accordance with its current policy.

26.1 The Company recognizes that no provisions of this Collective Agreement may be waived by the Local Union Officers or by individual members. The responsibility for the granting or the refusal to grant waivers lies exclusively with the National Union through its Western Region office at Ste. 540, 1199 West Pender Street, Vancouver, B.C.

26.2 Where the Company for valid reasons wishes to temporarily suspend any of the provisions of the Collective Agreement, they shall, as early as possible, request a waiver from the Union. Such request will provide all pertinent information to allow the Union to assess the situation. Within twenty‑four (24) hours the Union will reply to the request, either granting the waiver or giving in writing the reasons for refusal.

27.1 In the event that the Company introduces or permits to be used any process, machinery or equipment which substitutes for, supplements or replaces any present process, machinery or equipment being operated as of the date of this Agreement by employees within the bargaining unit, such process, machinery, or equipment shall be operated and maintained only by employees in the bargaining unit as herein set forth.

27.1.2 The introduction of computer hardware and/or software shall be considered a Technological Change with respect to the application to this Article provided that such introduction has occurred within one (1) year of the displacement of an employee.

27.2 Should the introduction, replacement, supplementation or modification of any machinery, equipment or device which is or would fall under the jurisdiction of the employees in the bargaining unit, result in the lay‑off (as distinguished from layoffs caused by changes in programming) of employees, the Company recognizes additional moral obligations to such employees and agrees to the following conditions in fulfilment of such obligations:

27.2.1 The Company will give the Union and the employees as much advance notice as is practical, but not less than six (6) months notification of such lay-offs or six (6) months pay in lieu of said notice plus all other benefits for the same period.

27.2.2 The Company shall in writing state the nature of the changes contemplated and the number of jobs likely to be affected. Upon receipt of such notice by the Union, the parties shall arrange a meeting or meetings, for the purpose of conducting discussions which will achieve an understanding to assure that any hardship to the employees affected shall be minimized; this shall be done by providing wherever possible, alternative employment within the Company for employees whose jobs have been eliminated or by joint efforts on the part of the Company and the Union to obtain employment outside the Company, and/or by any other means that the parties may, by mutual agreement decide upon. The Company will provide such employees reasonable time off during their normal work week without loss of salary, to be interviewed for positions outside the Company.

28.1 It is mutually agreed that it is the spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement.

28.2 The parties recognize that the "Canada Labour Code" provides that any employee may present his personal grievance to his employer at any time. Any such grievance shall be subject to consideration and adjustment as provided in the following articles on grievance procedure.

28.3 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged violation of this Agreement, the following shall be the procedure for adjustment and settlement thereof:

Step 1: Any complaint by an employee should first be personally tendered (or by his/her designate) to the employee's manager, or a complaint by a manager or supervisor shall first be discussed with an employee, as soon as possible. Deadline for response to the complaint shall be within three working days.

Step 2: Following completion of Step 1, if the complainant remains unsatisfied, the grievance shall be reduced to writing and a copy thereof delivered to the President of the Company, or his designee, or the International President of the Union, or his designee, within ten (10) working days of the occurrence leading to the grievance. A copy shall also be simultaneously delivered to the employee designated by the employees as their Chairman of the Grievance Committee.

Step 3: The grievance shall be discussed with the President of the Company or his designee and the Local Grievance Committee consisting of not more than three (3) members. Such discussions will deal with grievances of which at least two (2) days notice shall have been received. Such meetings shall take place within ten (10) working days of the filing of such grievance. Appropriate records of such meetings shall be kept.

Step 4: If the grievance is not settled within ten (10) working days after the meeting described in Step 3, the dispute shall be referred to the President of the Company and the International President or their designees for further discussion and consideration.

Step 5: In the event that the representative of the Company and the Union cannot reach agreement, either party may, by registered mail within sixty (60) days of the meeting described in Step 4, submit the dispute to binding arbitration. The parties shall, within ten (10) working days of the sending of the notice requesting arbitration select a mutually acceptable arbitrator. If the parties are unable to agree on the selection

PARTIES

ARTICLE 22