41
COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER l, 2009 TO AUGUST 31, 2014

COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

  • Upload
    others

  • View
    26

  • Download
    0

Embed Size (px)

Citation preview

Page 1: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

COLLECTIVE AGREEMENT BETWEEN

ROGERS CABLE INC. 855 YORK MILLS ROAD

DON MILLS, ON M3B lZl

AND

METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION

SEPTEMBER l, 2009 TO AUGUST 31, 2014

Page 2: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

This agreement is effective the I st day of September 2009 between

Rogers Cable - Toronto 855 York Mills Road

Don Mills, ON M3B IZI

Hereinafter called the "Company"

and

Metro Cable TV Maintenance and Service Employees Association

Hereinafter called the "Association"

And shall remain in full force for five years until August 3 1, 2014

Page 3: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Signed thisZbr"'day of August 2009 at Toronto, Ontario

Human esources Director Cable Operations

T. Armstrong · ector, Planning and Construction

GTA

Human Resources GTACBU

ASSOCIATION:

AA~~ President

Stewart ohnstone Vice-President

Page 4: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

INDEX

SECTION PAGE

Purpose of Agreement 4

2 Recognition 5

3 Management Rights 8

4 Supplementary Benefits 9

5 Seniority 15

6 Health and Safety 23

7 Technology and Education 24

8 Hours of Work 25

9 Overtime 27

10 Standby and Night Shift Differential 28

11 Grievance Procedure 30

12 Remuneration 33

13 Contract Term and Renewal 34

3

Page 5: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Section 1 - Purpose of Agreement

1.01

1.02

1.03

1.04

1.05

1.06

1.07

This agreement represents a genuine endeavour by the Company Management and the Employees Association to establish a fair and equitable work environment. In this spirit, the fo llowing conditions will be upheld:

It is the policy of the Company to create a work environment that allows each employee to develop their skills according to their ability, competence and efficiency. The Company will treat all employees in a fair and equitable manner.

The Company and the Association agree that they will not threaten, intimidate or unlawfully discriminate against an employee for reasons of disability, religion, age, marital status, sexual orientation, national or ethnic origin, race, colour, sex, family status, conviction of an offence for which a pardon has been granted, political affiliation or for exercising any rights under the Collective Agreement.

The Company encourages direct communication with our employees. Where differences occur, the Company encourages the exploration of views in the belief that honest effort and goodwill wi ll bui ld trust and openness.

The Company will maintain the kind of policies and practices to allow for the direct communication that helps resolve in a fair manner problems which affect the regular employees.

It is agreed that Management and the Association Executive will meet at least once every month to review the operation of this agreement and any other outstanding matters of mutual concern.

Furthermore, it is not the intention of the Company to change the existing working conditions of employees in a manner which is detrimental to the welfare of the employee. In instances where an employee perceives a detrimental change, he/she should bring it to the attention of his/her Supervisor/Manager or the Association representative and it may be discussed in the monthly meetings.

4

Page 6: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Section 2 - Recognition

2.01

2.02

2.03

2.04

2.05

2.06

The Company recognizes the Association as the sole and exclusive bargaining agent for the employees within the bargaining unit.

The bargaining unit is defined as all full-time employees whose job classifications and work locations are listed in CIRB Certificate No. 9694-U and are reflected in Schedule "A" of this agreement. The Company and Association agree that:

a) the York Mills Road location includes 853,855, and 857 York Mills Road and 10 Dyas Road, Toronto, ON

b) the Scarborough location is 3330 McNicoll Avenue, Scarborough, ON c) the Mississauga location is 3573 Wolfedale Road, Mississauga, ON d) the Richmond Hill location is 244 Newkirk Road, Richmond Hill, ON

The bargaining unit does not include probationary, part-time, and temporary employees.

The Company shall recognize five members of the Association Executive in the discussion and negotiation with Management for the purpose set out in Section 1 and shall further recognize Shop Stewards in each classification as defined in schedule A and job locations for the purpose of assisting in association business. When a job classification exceeds 40 members a second shop steward will be recognized. At 80 a third, at 120 a fourth. This formula will continue as departments grow.

There will be no strikes, work stoppages, slowdowns or lockouts so long as this agreement continues to be in effect.

The privileges of the Association Executive to attend to Association business will be as follows:

a) The President of the Association Executive shall be permitted to attend to the business of the Association on a full-time basis during working hours without any deduction from wages, time worked, or loss of seniority.

b) The Association Executive shall appoint one other executive member to attend to the business of the Association on a full-time basis during working hours without any deduction from wages, time worked, or loss of seniority.

c) The President and his/her full time executive member shall be compensated based on the highest step in the highest rated classification listed in Schedule "A."

5

Page 7: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

2.07

2.08

2.09

d) During vacation time and/or periods of extended absence for either of the two full time positions, the Executive Committee may fill those positions. Notice of such replacement will be given to the employee's Manager and to the Human Resources Manager at least two weeks in advance.

e) Any member of the Executive serving in a full time role will be returned to his/her bargaining unit position upon the conclusion of his/her term on the Executive of the Association and, upon such return, will be compensated in accordance with the applicable classification and step he/she held prior to serving on the Executive.

f) Paid union business time for non full time Association Executive members and Shop Stewards shall be limited to time needed to attend monthly Executive-Management meetings, grievance meetings and contract negotiations. Additional unpaid time, required to attend Association business or training, may be requested by the Association President. Such requests will not be unreasonably denied, but will be subject to operational and business needs.

g) The President ofthe Association may choose to faci litate one day of training for Shop Stewards per contract year. The Association shall provide a minimum of 2 weeks notice of the training date. Permission to attend will be subject to operational and business demands, but will not be unreasonably denied.

h) The Company will provide an office to the Association at its York Mills Road/Dyas Road location to be used by the Association to conduct Association business.

The Association will notify the Company in writing of the names of the officers of the Association Executive, including Shop Stewards, before the Company shall be required to recognize them.

The Company agrees to deduct an amount equal to the regular monthly dues during the term of this agreement from each employee in the bargaining unit. The Company shall, when remitting union dues, name the employee and the amount deducted and provide the name, address, rate of pay, date and date of hire of those employees hired in the preceding month and the name of those employees who have terminated employment and the reason supplied to the employment insurance commission.

All new full-time employees whose classification falls within the scope of the bargaining unit will pay dues after a probationary period of 180 days of employment.

6

Page 8: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

2.10

2.11

The Company agrees that all regular dues deductions will be processed for each pay period and remitted within one week from the end of the pay period. The Association and Company agrees to defer association dues for the entire duration a member is off work on LTD. When the employee returns to work, the Company will double up on dues payment until all dues in arrears are paid.

The Company shall provide bulletin boards at appropriate locations within all locations at which Association members work and which are identified in the CIRB Certificate 9694-U. The Association is free to post notices of its meetings on the bulletin boards without obtaining prior approval.

2.12 Every member of the bargaining unit will be provided with a current job posting and performance review objectives reflecting the major responsibility areas. Any changes to job postings and performance review objectives will be discussed by both parties of this collective agreement and all input will be duly considered. The Secretary of the Association will receive the most recent job postings and performance review objectives upon request.

2.13 The Company and the Association will co-operate in exchanging information of a non-confidential nature dealing with employees, postings, job awards, job descriptions and dismissals.

2. 14 The Company agrees to give each new bargaining unit employee a copy of this collective agreement upon hiring and to allow the new employee to meet with a representative of the Association for fifteen minutes.

2.15 For Association General Membership meetings, the Association will provide a minimum 2 weeks notice prior to the meeting. This notice will be provided to the Management Reps that are copied on the Association/Management Meetings Minutes. These meetings will be held outside of normal working hours (i.e. 9 to 5). Employees who wish to attend the meeting and are scheduled to work at that time, can request a shift change to allow them to attend the meeting, by notifying their Immediate Manager at least I week prior to the meeting date. Based on Customer Service demands, the maximum number of shifts possible will be adjusted to accommodate members attending the meeting. This will be discussed in advance. Under exceptional circumstances, where an emergency membership meeting is required those will be managed on a case by case basis.

7

Page 9: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Section 3 -Management Rights

3.01

3.02

3.03

The Association acknowledges that the Company retains the right to manage its operations in all respects in accordance with its commitments and its obligations and responsibilities, to direct the working force and to hire, promote, transfer, demote or lay off employees and to suspend, discharge or otherwise discipline employees for just cause, the right to decide on the number of employees needed by the employer at any time in accordance with the provisions of Company and Association seniority, the right to use modem methods, technology and equipment, and jurisdiction over all operations, buildings and equipment are solely and exclusively the responsibility of the employer; provided that any exercise of these rights by the Company which conflict with any provisions of this agreement shall be subject to the grievance procedure set out in Section 11. The employer also has the right to make, alter and enforce rules and regulations to be observed by the employees provided such rules and regulations are not inconsistent with the terms of this agreement.

The Company and Association agree that no employee shall in any manner be discriminated against or coerced, restrained or influenced on account of membership or non-membership in any labour organization or by reason of activity or lack of activity in any labour organization.

Supervisory/Managerial personnel will not perform bargaining unit work unless an explanation acceptable to both parties is provided for the performance of such work.

8

Page 10: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Section 4 - Supplementary Benefits

4.01

4.02

4.03

4.04

4.05

Where the nature of the work or working conditions so require, employees shall be supplied at the Company's expense with all necessary tools, protective clothing, safety equipment, and other protective devices with the exception of safety footwear.

Safety Footwear Allowance - The Company will contribute to the cost of approved safety footwear when necessary, no more than once per contract year to a maximum of $180.00 plus taxes.

a) Small Tools

The Company agrees to an allowance of $200.00 per contract year to a technician within the bargaining unit for the replacement of small tools where necessary. In the event of the loss of any single tool over $100.00, the employee may discuss the charge directly with his or her Team Manager who will be empowered to cancel the charges if it is felt the employee had a just case.

b) Large Tools & Test Equipment and Home Terminal Devices

An employee shall pay an amount equal to 50% of the replacement value of any tools, equipment or home terminal devices lost or damaged by them, up to a maximum of $150 per loss, per employee, except in the cases of negligence, when an additional amount may be assessed up to $750, or the replacement value, whichever is less.

The Company and the employee will mutually agree to a payment plan. The payment period must be less than 4 months.

Negligence is defined as the want of proper care and attention on a person' s part that has helped bring about the loss or damage~ e.g. vehicles left unlocked or equipment left unattended.

Uniforms will be provided to eligible employees in accordance with HR Policy 501 dated January 1, 1998 (excluding safety footwear which will be provided in accordance to Article 4.02 of the Collective Agreement) .

The Company will provide an appropriate form of protective coverall clothing for staff employed in the Material Handler and Stores departments.

9

Page 11: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

4.06

4.07

4.08

The Company agrees to pay for dry cleaning of one winter parka as needed, subject to Supervisory/Managerial approval.

The following benefits listed below will be provided according to the Rogers Cable Inc. Corporate and System Policy manuals, or as improved by the Company during the term of this agreement:

• Short Term Disability

• *Group Life Insurance

• *Accidental Death and Dismemberment

• *Major Medical Insurance

• *Dental Plan

• *Long Term Disability

• Pension Plan

• Group RRSP

• Employee Share Accumulation Plan

• Leave of Absence (Jury Duty, Crown Witness)

• Maternity and Parental/ Adoption Leaves

• Mileage Allowance

• Relocation

• Company Uniforms/Safety Apparel

• Statutory, Floater and Religious Holidays

• Vacation

• Employee Discount Program

* Subject to the Insurers' conditions.

General Holidays

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

January I 51

Friday before Easter Monday preceding May 251

h

July 151

151 Monday in August 1st Monday in September 2nd Monday in October December 25'11

December 261h

In addition to above, employees are entitled to 2 floater days per year. The Company may designate one or both floater days on an annual basis or allow the employees to schedule floater days at their discretion with Management approval.

10

Page 12: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

4.09 a) Annual Vacation

The vacation is based on the calendar year. During first year of service vacation may be taken in the same calendar year after 6 months of service. With one year and more of service, vacation may be taken at a mutually convenient time during the year.

As part of the service industry, the nature of our business requires careful scheduling of vacations and all schedules must be approved by Manager.

Vacation must be taken in the year in which it is earned. The Company believes that each employee needs the enjoyment and relaxation of an annual vacation and only permits carryover into a following year, upon the express written permission of the Human Resources Department.

Vacation entitlement will always meet the standards of any current or future government legislation. Payment in lieu of vacation is not permissible.

Vacation Entitlement Chart

Vacation Years of Service Hours Number of Business Days

1 day per month to a maximum During first year of service of 10 days

1 year of service 80 lO 2 - 5 years of service 120 15

6 years of service 128 16

7 years of service 136 17

8 years of service 144 18

9 years of service 152 19

I 0 years of service 160 20

11 years of service 168 21

12 years of service 176 22

13 years of service 184 23 14 years of service 192 24

15 - 20 years of service 200 25

2 1 years of service 208 26

22 years of service 216 27

23 years of service 224 28

24 years of service 232 29

25 years of service and beyond 240 30

11

Page 13: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

* For employees on flexible schedules and/or shifts, please contact Vice President Human Resources or Human Resources representative for clarification.

Vacation entitlement wi ll be based on 40 hours per week and/or the applicable hours per day as normally work.

The vacation period will be subject to approval by the Company. In assigning vacation periods, the Company will attempt to meet the wishes of employees taking into account their Association seniority along with the Company's obligations to its customers.

4.09

4.09

b) Vacation Selection

Prior to January I st of each year, a vacation calendar will be posted or distributed to employees. By Association seniority, employees will select their vacation period for the coming year. The calendar will remain posted until April 15th. It will be approved by Management by May 1 5', based on the department's organizational requirements and proper Association seniority.

Employees, who have not selected their vacation by April 15111, will NOT

be entitled later to select vacation periods by Association seniority. Employees, who do not select all of their vacation entitlement on the calendar by April 15th, will be allowed to schedule vacations at a later date provided it does not affect the scheduled vacations of other employees.

Changes may not be made to the schedule after April 151'\ unless by

mutual approval between Management and the employee.

If employees have not scheduled all their vacation entitlement by October 1 5', Management will notify the employee to arrange a mutually convenient time before year-end. If this cannot be arrived at, then Management will designate the time and the employee shall take that designated time.

c) Reinstatement Procedure

For original years of service to be credited for vacation purposes, for previous salaried employees returning to the Company, the following musl occur for service to be bridged:

1. The employee must return to the Company within 12 months of leaving it.

12

Page 14: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

4.10

4.11

2. The employee must have accumulated at least 5 years of service to be eligible for bridging of service.

3. The employee must be employed for the exact amount of time of the absence from the Company for service to be bridged. At this time, the original hire date becomes again the date from which vacation rights are measured.

4 . All of this is subject to senior Management approval taking into consideration the Company's needs for certain skill sets, as well as the individual employee' s work habits and performance.

5. Any exceptions to the above must be approved by the Regional Human Resources Department.

For further clarification, please contact the Human Resources Department.

The Company will pay 75% of the cost to provide coverage for:

Long Term Disability Group Life Insurance Accidental Death and Dismemberment Dental Plan Major Medical Insurance

Unpaid Leave of Absence

The Company may grant a leave of absence without pay to an employee for legitimate personal reasons for up to twelve (12) months, provided it does not interfere with the operation of the Company.

a) An employee desiring a leave of absence shall make application in wTiting to the Manager of the Department and the leave, if granted, will be authorized in writing by the Manager of the Department. During such leave, employees will continue to accumulate Company seniority. If the employee chooses to continue to accumulate Association seniority during their leave, the employee must pay the lump sum equivalent of his/her Association dues prior Lu commencing the leave.

b) If an employee uses a leave of absence for any other purpose other than that for which it was granted, or if the employee overstays the leave, the employee shall be deemed to have resigned.

c) In the event the employee cancels authorized leave for any reason, the employee will be entitled to return to his/her previous job

13

Page 15: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

4.12

classification with two (2) weeks notice, without penalty.

d) When an employee returns from the leave of absence, all reviews and step increases will be deferred by an amount of time equal to the length of the leave.

Company Benefits Committee

The Company agrees to the continuance of a committee to offer employee input to discussions on the Company benefit package.

14

Page 16: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Section 5 - Seniority

5.01

5.02

5.03

5.04

5.05

General

It is the general policy of the Company to encourage employees to advance within the organization. In furtherance of this policy, Management promotes from within when practical. Determining factors in making promotions shall be skill, qualifications and ability. Where these factors are re latively equal, Association seniority shall be the determining faclur.

Company seniority is the length of uninterrupted service an employee has with the Company. It will be computed from start date and will include part-time service, which will be pro-rated on transfer to full-time status. All part-time service will be equivalent to full-time service when dealing with vacation entitlement.

Association seniority will be used as specified throughout this agreement and will be computed as follows:

I . For employees in the bargaining unit prior to September 1, I993, their Association seniority date shall be their Company start date.

2. For employees joining the bargaining unit subsequent to September I , 1993, their Association seniority date shall be the date the employee commenced to pay Association dues.

Management recognizes the importance of seniority of employees working with the Company and for that reason, has in practice a seniority program, which gives the Company flexibility together with a maximum degree of protection for senior employees in the case of staff reduction.

An employee hired from outside the bargaining unit, for a bargaining unit position, will be considered probationary for the first 180 calendar days and will have no Association seniority rights during that period, and his/her employment may be terminated at any time during such probationary period, and such termination shall not be subject to the grievance procedure. After 180 days' service, the employee's seniority shall commence in the bargaining unit.

Company and Association Seniority rights will cease for any of the following reasons and the employee shall be deemed terminated, subject to the grievance procedure:

a) If the employee voluntarily quits.

15

Page 17: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

5.06

b) If the employee is discharged.

c) If the employee is absent from work for 5 working days without securing a leave of absence unless reasons satisfactory to the Company for such leave is supplied.

d) An employee has been on lay-off and failed to return within 5 working days after the employee has been notified to do so by registered mail, to the employee's last known address with which the Company is supplied.

e) If the employee is on lay-off for 12 consecutive months provided the employee has 12 months service; if less than 12 months then if the employee has been on lay-off for a period equivalent to the length of his/her employment prior to the lay-off.

f) If the employee is absent for 5 consecutive working days without presenting a letter from the employee's physician stating the nature ofthe sickness and that the employee is fully recovered to perform the duties ofthe employee's job.

g) If the employee voluntarily resigns from the bargaining unit, and is rehired within a period of one calendar year, the employee will retain his/her previous seniority except for the time spent away from the Company. After the one calendar year period, the employee will lose all seniority rights within the bargaining unit.

Reduction in Work Force

In case of work force reduction, all probationary employees, students, part-time employees and sub-contractors and temporary employees in the classification affected, will be subject to first lay-off.

The Company would undertake to secure available positions, if at all possible, within the region and the Rogers Group of Companies for Toronto Association employees. Placement into positions will be based on the employee's qualifications. The Company will further commit tore­training employees to support all job placements.

The Company will not contract out work:

a) While members of the bargaining unit are on lay-off and able to perform such work, or

16

Page 18: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

b) If the contracting out of work results in a reduction to the portion of the bargaining unit affected by the contracting-out.

The types of lay-offs recognized by the Company are as follows:

1. A temporary lay-off which is no longer than 3 working days, within the twelve-month period when the employee is so informed at the time of lay-off. Lay-offs of this nature will proceed in the reverse order of Association seniority within the affected classification.

2. A definite term lay-off is one, which is longer than 3 working days and specified as to the length of the lay-off. Lay-offs of this nature will proceed in the reverse order of Association seniority within the affected classification.

3. An indefinite period of lay-offis one where the employee at the time of lay-off is so informed. Lay-offs of this nature will proceed in the reverse order of Association seniority within the affected classification.

4. The Company agrees to give employees notice of lay-off as fo llows:

Service (Full Time)

Less than one ( 1) year More than one ( 1) year

A Lay-off Allowance Plan shall be applied as follows:

Lay-off Notice

2 weeks 3 weeks

i) Full-time employees who are laid off shall be granted lay-off allowance under the Lay-off Allowance Plan.

17

Page 19: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

ii) An employee's total lay-off allowance entitlement during a period of lay­off shall be as follows:

Years of Service But less than Lay-off Allow. Entitlement

Comgleted 3 months NIL

3 months 1 year 2 weeks I year 2 years 3 weeks

2 years 3 years 5 weeks 3 years 4 years 7 weeks 4 years 5 years 9 weeks 5 years 6 years 11 weeks 6 years 7 years 13 weeks 7 years 8 years 15 weeks 8 years 9 years 17 weeks 9 years 10 years 19 weeks

Three weeks additional pay for each full year of service in excess of 1 0 years to a maximum of 67 weeks.

iii) In the event of an indefinite period of lay-off, the lay-off allowance will be paid as follows:

a) 50% of the total lay-off allowance weeks shall be paid in full (i.e. lump-sum payment) on the employee's last day of work.

b) The remaining 50% of the total lay-off allowance weeks shall be paid on a bi-weekly basis in accordance with the regular payroll­processing schedule.

Lay-off allowance payments shall be based on the employee's established weekly schedule of work hours (excluding overtime) in effect as of the date of lay-off. The rate of pay used in such wmputatium; :shall be the employee's basic rate in effect at the date of lay-off.

iv) Lay-off allowance payments will cease as follows:

a) When lay-off allowance entitlement is used up.

b) When the employee reports for work subsequent to recall.

18

Page 20: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

c) When the employee fails to report for work after recall.

v) An employee who has been recalled following a period of lay-off and is again laid off prior to completing one year of continuous service after the date of return to work, will be granted a lay-off allowance pursuant to "ii", based on the employee's overall net credited service after deducting the amount the employee received from their previous lay-off.

vi) Lay-off allowance benefits will be fully reinstated after one year continuous service after date of return to work from lay-off.

vii) If an employee secures employment outside the Company prior to receiving all lay-off allowance payments under (iii) b), bi-weekly lay-off allowance payment will cease and the employee will receive a Jump sum payment representing 50% of the remaining bi-weekly lay-off allowance payments.

5.07 I. While an employee is in receipt of lay-off allowance payments referenced in 5.06 (4) (iii) (b), they will continue to have coverage under the Company Major Medical, Dental, Group and Dependent Life Insurance plans. During this period, the cost ofbenefit premiums will continue to be shared by the employee and the Company by the employee paying 25% of the applicable premium costs and the Company paying 75% of the applicable premium costs.

2. Prior to the end of the lay-off allowance payment period referenced in 5.06 (4) (iii) (b), the employee at their option and by paying I 00% of the applicable benefit premiums, may extend the period of benefits continuance (Major Medical, Dental, Group and Dependent Life Insurance) by 50% ofthe number ofweeks of the total lay-off allowance entitlement under 5.06 (4) (ii). Or may have the ability to convert some of their benefits to a personal pay plan per the prevailing Company policy at that time.

This coverage may be cancelled by the employee by providing two weeks written notice to the Company following which, an applicable refund of benefit premiums will be provided to the employee.

3. The Rogers Employee Discount Program will continue during the lay-off allowance payment period referenced in 5.06 (4) (iii) (b)

19

Page 21: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

5.08

5.09

5.10

Once the employee displaces another employee by using the employee's Association seniority to avoid lay-off, this becomes the employee's new classification.

An employee who displaces another employee by using the employee's Association seniority to avoid lay-off shall be entitled to return to his/her former classification if there is a vacancy in that classification at any time in the 1 year period following the displacement. If the employee does not return to his/her former position within 1 year of the displacement, he/she shall be reclassified into his/her current position.

The displacing employee will maintain the present hourly rate of pay at the time of reclassification and will remain at the rate until such time as it is less than the rate applicable to the classification of the job held.

Recall of Working Force

a) Employees shall be recalled in accordance with their Association seniority and prior to any subcontractors, temporary employees, part-time employees or students provided they have the ability to do the job.

b) The employee who is recalled for other than the employee's own job, will assume equivalent rate by time for the job classifications, provided the employee has the required skills.

c) The employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the employer advised at all times of his/her address

d) The employee shall notify the employer within the lesser of 3 workings days of receipt ofthe notice of recall or within 10 working days of registration of the recall letter of his/her intent to return to work, and report for work within 7 days thereafter.

e) An employee who wishes only to be recalled to the job held at the time of lay-off must indicate such in writing at the time of lay-off.

f) An employee, who wishes to be recalled for other positions within the bargaining unit, must specify such positions in writing at the time of lay-off.

g) An employee, who has been given notice of recall subject to e) and f) and does not accept that job, will be deemed to be terminated.

20

Page 22: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

5.11

5.12

h) The Association President, Vice President, Secretary, Treasurer and Chief Steward shall be the last persons laid off and the first persons recalled.

Vacancies

a) All vacancies in the hargaining unit shall he posted for a period of7 working days and a copy of such notice shall be provided to the Executive of the Association.

b) Vacancies shall be filled from applications from the bargaining unit employee based upon the employee's skill, qualifications and the ability to do the job. Where these factors are relatively equal, Association seniority shall be the governing factor.

c) In the event that there are no applications from the employees in the bargaining unit with the skill, competence and the ability to do the job, the Company is free to fill the vacancy with the applicants from outside the bargaining unit.

d) Applicants for the position and the Association shall be notified in writing of the final disposition of the application.

Temporary Assignments

Temporary/Acting Assignment is defined as a temporary placement of a fu ll-time permanent employee in to a higher level job. An Acting Assignments offered to an employee who assumes the whole scope of a job.

Assignments less than 3 months in duration: • Developmental assignments • No job posting will be required • Employees will be selected based on performance, skill set,

aptitude as well as career aspirations. • Where these factors are relatively equal, Association seniority will

be the determining factor. • If the assignment is recurring, it will be assigned on a rotational

basis. • No additional compensation will be provided.

21

Page 23: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

5.13

Assignments longer than 3 months in duration : • The length of these assignments should not exceed 12 months. • These assignments will be posted per 5.1 1 a). • Employees will be selected based on performance, skill set,

aptitude as well as career aspirations. • Where these factors are relatively equal, Association seniority will

be the determining factor. • It is essential that the employee be held accountable for all aspects

of the positions and performs the temporary assignment satisfactorily.

• An acting assignment premium equivalent to the difference between the current salary and one higher step in the acting classification grid will be provided. This acting assignment premium will commence on the starting date of the acting assignment and will end when the acting assignment ends.

• During the period of the acting assignment the employee will still be eligible for their regular step increase in their own classification.

• Should the position become permanent at the end of the temporary assignment, the position will be posted.

Resignation of Employment

a) The employee must give the Company a minimum of2 weeks notice and longer periods would be much appreciated as it takes considerable time to recruit replacements.

b) All Company credit, business, and identification cards, keys, and other Company property must be handed into the Department Head upon termination of employment in accordance with Company policy.

22

Page 24: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 6- Health and Safety

6.01

6.02

6.03

The parties to this Agreement recognize RCI Health and Safety policy(s) and the applicable Health and Safety legislations and guidelines. Both parties are committed to working together towards ensuring a safe working environment for all.

Electronic Call Monitoring The Company and the Association recognize the importance of call recording for quality assurance purposes in the efficient operation of a call centre environment. The parties also recognize the stress that electronic call monitoring may create for employees if it is being utilized in a manner inconsistent with the purposes as set out herein.

a) Call Monitoring - the primary purpose of call monitoring is to support the processes of employee counseling, training, and development.

b) To ensure that any stressful effect on employees is minimal, call monitoring procedures will be communicated to all employees and any changes to these procedures will be communicated in advance of their implementation.

Field Service Management System

a) The Company and the Association acknowledge that the integrity of the Field Service Management System (FSMS) is dependent upon employees logging in accurate information as to their whereabouts. Accurate information as to an employee's whereabouts could mean:

I) the area covered by the node where the employee is working; 2) the trunk or distribution run the employee is working on; or 3) the immediate vicinity of a customer's address depending on the nature of the call and the employee' s job classification.

b) No employee will be disciplined for failure to provide accurate information through the FSMS System unless the Company first contacts the employee and asks for an explanation as to why the employee has not provided accurate information as to the employee' s whereabouts.

c) Any counseling, training, development, or discipline arising under this section will be communicated to the employee no later than five (5) days after the incident takes place.

23

Page 25: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 7- Technology and Education

7.01

7.02

7.03

Technological Change

If the Company intends to make any technological changes, which will affect its employees, it shall give advance notice of such intent to the Association Executive not less than 120 days prior to the implementation of such change. Management will discuss the technological change, advise of the number of employees affected and the impact thereof on the employees affected.

Education and Training

The Company recognizes the importance of training and is committed to providing various training programs designed to upgrade employees with the necessary knowledge and skills to perform their job functions in a professional manner.

There shall be three types of training: a) Job-specific training, which includes on-the-job training, is designed to

train all employees to a competency level that enables them to complete all tasks normally considered to be part of their specific job function. This training is mandatory and all the time spent on this training will be paid by the Company.

b) Internal Career Development Training is designed to equip employees with knowledge and skills beyond normal requirements of their regularly assign responsibilities and to prepare employees for career advancement. This training will be made available from time-to-time by the Company as resources permit. This training is not mandatory for the employee and access to classes will be based on the employee meeting certain pre-requisites such as job experience, successful completion of other courses, and/or permission of the trainer based on written or oral examination. Time spent on career developing training will be provided 1 00% by the Company.

c) Access to outside training courses is provided through the Company' s educational assistance program. The Company will pay either 75% or I 00% of the tuition fees, depending upon applicability of the course to the employee' s position. Time spent on this training will be provided by the employee.

Job-specific training and career development training will have examinations associated with each module. Successful completion of each module will require full attendance at all training seminars and 75% on examination.

24

Page 26: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 8- Hours of Work

8.01 It is agreed that the nature of the Company's business is such that its customers can demand service on a 24-hour basis, 7 days per week.

8.02 The payroll week shall commence Sunday, 12.01 am and continue for seven consecutive 24-hour periods ending Saturday, II :59 pm.

8.03 The regular workweek is 40 hours averaged over a complete shift cycle.

8.04 Regular employees shall be advised as far in advanced as practical of any changes in the work schedule.

8.05 It is the right of the Company to establish shifts and classifications to satisfy their requirements. Every effort shall be made to do so in a manner satisfactory to the employees. The Company shall consult the Association Executive at least 1 0 days prior to implementing the change.

8.06 The assignment of an employee to a shift shall be made by the Company. Insofar as practical, consideration will be given to the Association seniority of the individuals affected. If the employee requests a change in his/her scheduled shift, the Company shall comply if practical.

8.07 Scheduled Sunday shifts may be implemented during the term of this agreement after posting the available shifts and departmental openings.

8.08 When an employee is given less than 24 hours notice of change in scheduled shift or working day, the employee shall be paid time and one halffor the first day ofthe new shift or for the rescheduled day. If an employee shall report for work on a regularly scheduled shift and his/her services shall not be required through no fault of the employee or due to a change in schedule of which the employee is not notified, the employee shall receive a minimum of 4 hours pay.

8.09 All employees assigned to a regular shift on Sunday shall be paid at the rate of 1.25 times their regular hourly wages.

This shall not apply to standby shifts.

8.1 0 At any time that the hours or nature of assigned duties shall make it inconvenient for an employee to reasonably obtain a meal, the Company shall provide an allowance of up to $15.00 plus taxes upon submission of a receipt in lieu thereof.

25

Page 27: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

8.11 In lieu of the standard one hour unpaid meal break, employees can elect to take a half-hour unpaid meal break and alter their shift duration accordingly with the prior consent of their Supervisor/Manager.

8.12 At the Company's option, employees scheduled to work on a General Holiday will be compensated with either:

i) Their regular daily wages plus pay equal to time and one-half for all hours worked; or

ii) Their regular daily wages and time off accrued at time and one half for all hours worked on some other day convenient to both the employee and the Company.

26

Page 28: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 9 - Overtime

9.01

9.02

9.03

9.04

9.05

9.06

In cases of emergencies or during periods of increased business activity, overtime may be required. Wherever practical, employees required to work overtime shall be given 24 hours notice.

Overtime is defined as hours worked in excess of eight (8) or ten ( 1 0) (depending upon shift duration) hours per day or forty ( 40) hours per week.

Overtime worked shall be paid at the rate of one and a half ( 1 Yl) times the regular hourly rate of the employee. Overtime worked on general holidays will be paid at two (2) times the regular hourly rate. A regular employee not on standby called in to work a scheduled day off shall be paid for no less than 4 hours at the rate of time and one half of the hourly rate of the employee.

For overtime occurring immediately following a regular shift without break, the first four (4) hours will be paid at the rate oftime and one half, at the regular hourly rate. Any continuous additional overtime is at 2Y2 times the employee's regular hourly rate.

(a) In the event that overtime is required, the Company shall make every effort to distribute overtime equitably among the employees who normally perform the work. In applying this principle, it is understood that if overtime is required at the end of any shift, the employees on the shift would normally be assigned to perform that overtime. It is also understood that the Company is not required to distribute overtime with any mathematical accuracy over any given period, and that no employee may base a claim for payment by reason of this section for any overtime not worked by the employee. In the event that an employee is overlooked in the awarding of overtime, he/she will be offered first choice of the next available overtime opportunity in that department.

(b) Temporary help, part-timers and student employees will not be assigned overtime hours while bargaining unit employees are available and willing to work the overtime.

In computing remuneration for time worked, hours compensated at overtime rates shall not be pyramided, duplicated or counted further for any purpose in obtaining additional payment.

27

Page 29: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 10- Standby and Night Shift Differential

1 0. 0 1 Standby shall be defined as the portion of time during which technical employees are on call and available to perform work of an emergency nature outside of their normal working hours including weekends and Company holidays. Any technical personnel on standby shall receive payment as specified in the following:

a) Emergency nature in Section 10.01 shall be deemed to refer to an outage affecting one or more subscribers or such other situations at the discretion of Supervisor/ Manager or Dispatch personnel.

b) All employees on standby will be paid as follows:

Monday, Tuesday, Wednesday, Thursday- $35.00/day.

Friday, Saturday, Sunday, General Holidays, Christmas Eve, New Years Eve- $40.00/day.

c) Emergency call-out shall mean the calling to work of an employee who is on standby status to perform emergency work:

• outside of his/her regular shift hours and • outside any overtime hours immediately before or after his/her

regular shift which he/she has been duly notified will be required in his/her case.

An employee who is called out more than 4 hours prior to a regularly scheduled shift, shall be paid: • the rate of time and one-half his/her hourly rate for all hours

worked outside his/her regular shift or, • for a minimum of four hours at one and a half times the regular

rate of the employee, whichever is greater provided he /she works as required until the emergency work is completed.

An employee who is called out less than four hours prior to a regularly scheduled shift will be paid at t ime and one-half for all hours worked prior to his/her shift and will have the option to shonen his/her shift (without pay) by the equivalent amount of time worked prior to the shift.

d) All subsequent call-outs will also have a 4-hour minimum at time and one half; however, time paid for but not worked during a call-out will be deducted from the subsequent call-out if it occurs within the initial 4 hour period of the previous call-out.

28

Page 30: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

10.02

10.03

A shift premium of$2.75/hour will be paid for all hours worked between 12:00 midnight and 8:00am, assuming at least 50% of the scheduled shift falls between 12:00 midnight and 8:00am.

In the event that early morning work (i.e. work between 12:00 am and 8:00am) is required prior to the start of the employee's scheduled shift, the employee has the option to be compensated as follows:

(i) accept night shift premium and reduce regular shift by a period of time equal to the amount of time worked prior to start or regular shift; or

(ii) accept night shift premium and complete regularly scheduled shift and receive overtime payment for hours worked in excess of regular shift; or

(iii) Accept night shift premium and, complete regularly scheduled shift and accrue lieu time at I \li times for hours worked in excess of regular shift.

29

Page 31: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 11 -Grievance Procedure

11.01 If an employee covered by this agreement is dealt with by the Company in such a way that contravenes the provisions of this agreement, the employee may take the matter up as a grievance with the Company within, and not after, 5 working days of the incident giving rise to the grievance.

11.02 The following procedures shall be adhered to in processing grievances.

Step # 1 The employee shall take the matter up with his/her immediate Team Manager/Manager (or their designate). The employee may have the assistance of a member of the Association Executive or a Shop Steward.

Step #2 If the matter is not settled by the immediate Team Manager/Manager (or their designate) within 7 working days from the date on which it was taken up with him/her, the Executive of the Association may investigate the employee's grievance. In order to pursue it further, the grievance will be put in writing and be signed by the employee concerned and by the Executive of the Association. The grievance shall contain a statement of the facts complained of and the adjustment requested. A member of the Association Executive and the employee will meet with the Director (or their designate) and he/she will render his/her decision to the employee and the Association Executive within 7 working days of receiving the written grievance.

Step #3 If the matter is not settled in Step #2, the employee may within 7 working days of the response, refer the grievance in writing to the Vice President and he/she or his/her representative shall meet with the employee and a member of the Association Executive to review the grievance and shall render a decision in writing to the employee and the Association Executive within 7 working days.

Step #4 If the matter is not settled in Step #3, the employee may within 7 working days refer the grievance to the Vice President of Human Resources and he/she or his/her representative shall meet with the employee, and a member of the Association Executive to review the grievance and shall render a decision in writing to the employee and the Association Executive within 7 working days.

Step #5 If the decision to the grievance as set out in Step #4 is not acceptable to the grievor, the Association may request the grievance proceed to arbitration at any time within 30 working days following the decision at Step #4. The arbitrator shall be selected by agreement of the parties, or fai ling that, appointment by the Federal Minister of Labour.

The decision reached by the arbitrator shall be binding on both parties to this agreement.

30

Page 32: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

The cost of the arbitrator and facilities will be split equally by both parties.

Time extensions to any step in the grievance procedure may be given at the request of either party and such requests shall not be arbitrarily or unreasonably withheld.

11.03 A Group Grievance is a common grievance being fi led by more than one employee and will automatically proceed to Step #2.

11.04 An Executive Grievance is a grievance tabled by the Association Executive and will automatically proceed to Step #3.

11.05 A Management Grievance is a grievance tabled by Management and will automatically proceed to Step #3.

11 .06 Dismissal

If an employee believes that he/she has been dismissed without just cause, the matter may be treated as a special grievance commencing at Step #3 of the Grievance Procedures.

Any special grievance must be submitted in writing and lodged with the Company within ten working days after the employee ceased to work for the Company. In the event an employee is dismissed or suspended, and later reinstated through the grievance procedure, the employee will not suffer a loss of pay, Company and Association seniority or benefits unless mutually agreed by the Company and the Association Executive.

11.07 Employees shall have access to their personnel records in the presence of a Supervisor/Manager and may take copies of such.

11.08 i) In the disciplinary process, only reprimands issued less than 12 months apart will be referred to. After a 12 month period of no reprimands, all previous reprimands will not be referred to in a subsequent disciplinary process.

ii) The Company utilizes a progressive disciplinary approach when dealing with reprimands. The Company shall proceed as follows:

I) Oral warning 2) Written warning; 3) Suspension of 3 days; 4) Suspension of2 weeks 5) Dismissal.

31

Page 33: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

iii) In any action of a disciplinary nature the Employee will be given a copy in writing of any such action and the Association will be provided with a copy, unless the Employee requests confidentiality in writing to Management. Acknowledgement of receipt of such request will be provided to the Association immediately for its records.

iv) In a disciplinary meeting the Employee has the right to have an Association representative present at the meeting. The Employee will be informed of such right at the beginning of the meeting.

v) Any disciplinary action must be taken no later than five (5) days after the incident giving rise to the discipline came to the attention of the Company, or five (5) days after the completion of any investigation into the incident conducted by the Company.

vi) In the event that the Company undertakes an investigation into any alleged misconduct on the part of an employee, and the Company deems it necessary to suspend the employee pending an investigation, the first five (5) days of the suspension will be without pay. Any suspension in excess of five (5) days will be with pay.

32

Page 34: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION 12 - Remuneration

12.01

12.02

The salary schedule establishes fair and equitable salary grades for all classifications within the Association as per the attached rate schedule (Schedule A). Employees will be eligible for annual increases, effective on September I st of each contract year, and for step increases, effective on March 1st of each contract year. Step increases are subject to maintaining satisfactory job performance.

In those cases where an employee's job performance or training results do not merit a step increase, the employee's adjustment will be delayed for a period of six months.

The six-month delay will provide an opportunity for the employee to improve their performance and earn the adjustment. Every effort will be made to ensure employees are aware of performance-related problems when they become evident.

No employee's adjustment will be delayed unless the employee has been given notice of the performance related problems and has been given a reasonable opportunity to improve their performance.

12.03 Upon promotion, an employee will move to the step in his/her new classification with the next highest wage rate from his/her current classification rate upon transfer.

33

Page 35: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SECTION l3 - Contract Term and Renewal

13.01 This agreement shall be in effect from September 1, 2009 and shall remain in until August 31 , 201 4 and unless either party gives the other a written notice of termination or of a desire to amend the agreement, it shall continue in effect for a further year and so on from year to year thereafter.

13.02 Notice that amendments are required or that either party intends to terminate this agreement can only be given within a period of not more than 90 days prior to the expiration date of the agreement.

13.03 If notice of amendments or termination is given by either party, the other party agrees to meet for the purposes of negotiations within a period of sixty ( 60) calendar days of receipt of written notice of intention to bargain, unless this period is extended by mutual agreement.

34

Page 36: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

SCHEDULE A

Annual Increase Step Increase (Effective September I, (Effective March 1, 201 0

2009 and annually thereafter and annua lly thereafter Year on September 1st) on March I st) Gainsharing TOTAL

I 2.0% 1.0% - 3.0% 2 1.0% 1.5% 3.0% 5.5% 3 1.0% 1.5% 3.0% 5.5% 4 1.5% 1.5% 5.0% 8.0%

5 1.5% 1.5% 5.0% 8.0%

35

Page 37: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

RATES EFFECTIVE SEPTEMBER 1, 2009 STEP PROGRESSION EFFECTIVE MARCH 1, 2010 WITH SATISFACTORY PERFORMANCE

Dispatch Maintenance

Head End Material Cust Telephone Construction

Step Handler

Stores WOCCoord

Install Fibre

Tech Service

NTMC tXSR' Platform Tech

1 16.74 17.12 16.23 18.09 22.96 27.65 2 17.41 17.94 16.73 18.82 23.88 28.62 3 18.11 18.79 17.24 19.57 24.83 29.62 4 18.83 19.68 17.76 20.35 25.83 30.66 5 19.59 20.62 18.30 21.17 26.86 31.73 6 20.37 21.60 18.86 22.01 27.94 32.84 7 21.18 22.62 19.44 22.89 29.05 33.99 8 22.03 23.70 20.03 23.81 30.22 35.18 9 22.25 24.82 20.64 24.76 31.42 35.53 10 26.00 21.27 25.75 32.68 11 26.26 21.92 26.78 33.01 12 22.14 27.85 13 28.97 14 29.26 15 16 17 18

I SENIOR I 24.031 27.331 23.381 30.441 33.791 36.281

RATES EFFECTIVE SEPTEMBER 1, 2010 STEP PROGRESSION EFFECTIVE MARCH 1, 2011 WITH SATISFACTORY PERFORMANCE

Dispatch Maintenance

Head End Material Cust Telephone Construction

Step Handler

Stores woe Coord Install

Fibre Tech

Service NTMC{XSR}

Platform Tech

1 16.91 17.29 16.39 18.27 23.19 27.93 2 17.59 18.12 16.89 19.01 24.12 28.90 3 18.29 18.98 17.41 19.77 25.08 29.92 4 19.02 19.88 17.94 20.56 26.09 30.96 5 19.78 20.82 18.49 21.38 27.13 32.05 6 20.57 21 .81 19.05 22.23 28.22 33.17 7 21 .40 22.85 19.63 23.12 29.34 34.33 8 22.25 23.93 20.23 24.05 30.52 35.53 9 22.47 25.07 20.85 25.01 31 .74 35.89 10 22.81 26.26 21 .48 26.01 33.01 36.43 11 26.52 22.14 27.05 33.34 12 26.92 22.36 28.13 33.84 13 22.70 29.26 14 29.55 15 29.99 16 17 18

I SENIOR I 24.631 28.011 23.971 31.201 34.641 37.181

36

Page 38: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

RATES EFFECTIVE SEPTEMBER 1, 2011 STEP PROGRESSION EFFECTIVE MARCH 1, 2012 WITH SATISFACTORY PERFORMANCE

Dispatch Maintenance

Head End Material Cust Telephone Construction

Step Handler

Stores WOCCoord

Install Fibre

Tech Service

NTMC fXSR) Platfonn Tech

1 17.08 17.47 16.56 18.46 23.42 28.21 2 17.76 18.30 17.06 19.20 24.36 29.19 3 18.47 19.17 17.58 19.96 25.33 30.22 4 19.21 20.08 18.12 20.76 26.35 31 .27 5 19.98 21.03 18.67 21.59 27.40 32.37 6 20.78 22.03 19.24 22.46 28.50 33.50 7 21 .61 23.08 19.83 23.35 29.64 34.67 8 22.47 24.17 20.43 24.29 30.82 35.89 9 22.70 25.32 21.06 25.26 32.06 36.25 10 23.04 26.52 21 .70 26.27 33.34 36.79 11 23.39 26.79 22.36 27.32 33.67 37.34 12 27.19 22.58 28.41 34.18 13 27.60 22.92 29.55 34.69 14 23.27 29.85 15 30.29 16 30.75 17 18

I SENIOR I 25.241 28.711 24.561 31.981 35.sol 38.111

RATES EFFECTIVE SEPTEMBER 1, 2012 STEP PROGRESSION EFFECTIVE MARCH 1, 2013 WITH SATISFACTORY PERFORMANCE

Dispatch Maintenance

Head End Material Cust Telephone Construction

Step Handler

Stores WOCCoord

Install Fibre

Tech Service NTMC fXSR)

Platfonn Tech

1 17.34 17.73 16.81 18.73 23.77 28.63 2 18.03 18.57 17.32 19.48 24.72 29.63 3 18.75 19.45 17.85 20.26 25.71 30.67 4 19.50 20.38 18.39 21 .07 26.74 31.74 5 20.28 21.35 18.95 21.92 27.81 32.85 6 21.09 22.36 19.53 22.79 28.92 34.00 7 21 .93 23.42 20.13 23.70 30.08 35.19 8 22.81 24.53 20.74 24.65 31.28 36.43 9 23.04 25.70 21 .37 25.64 32.54 36.79 10 23.39 26.92 22.02 26.66 33.84 37.34 11 23.74 27.19 22.70 27.73 34.18 37.90 12 24.09 27.60 22.92 28.84 34.69 38.47 13 28.01 23.27 29.99 35.21 14 28.43 23.62 30.29 35.74 15 23.97 30.75 16 31.21 17 31.68 18

I SENIOR I 26.001 29.571 25.301 32.941 36.571 39.261

37

Page 39: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

RATES EFFECTIVE SEPTEMBER 1, 2013 STEP PROGRESSION EFFECTIVE MARCH 1, 2014 WITH SATISFACTORY PERFORMANCE

Dispatch Maintenance

Head End Material Cust Telephone Construction

Step Handler

Stores WOCCoord

Install Fibre

Tech Service

NTMC (XSR' Platform Tech

1 17.60 18.00 17.06 19.01 24.13 29.06 2 18.30 18.85 17.58 19.78 25.10 30.08 3 19.03 19.75 18.11 20.57 26.10 31.13 4 19.79 20.68 18.67 21.39 27.14 32.22 5 20.58 21.67 19.24 22.24 28.23 33.35 6 21.41 22.69 19.82 23.13 29.36 34.51 7 22.26 23.77 20.43 24.06 30.53 35.72 8 23.15 24.90 21 .05 25.02 31.75 36.97 9 23.39 26.08 21 .69 26.02 33.02 37.34

10 23.74 27.32 22.35 27.06 34.35 37.90 11 24.09 27.60 23.04 28.15 34.69 38.47 12 24.45 28.01 23.27 29.27 35.21 39.05 13 24.82 28.43 23.62 30.44 35.74 39.63 14 28.86 23.97 30.75 36.27 15 29.29 24.33 31.21 36.82 16 24.69 31.68 17 32.15 18 32.63

I SENIOR I 26.781 30.461 26.061 33.921 37.671 40.441

38

Page 40: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Appendix A

GE s August 26, 2009

Ms. Anne Whelan Metro Cable TV Maintenance and Service Employees Association P.O. Box 295, Don Mills, ON M3C 2S2

Letter of Understanding - Introduction of Variable Pay Programs

;{o J-rs Cab I~:. .ommunications Inc.

855 York Mills Road Don Mills. Ontario M3B 1Z1

This is a letter of understanding between Rogers Cable Communications Inc. ("Company") and Metro Cable TV Maintenance and Service Employees Association ("Association") that is in addition to the existing Agreement covering the period of September 1, 2009 to August31, 2014. This letter of understanding will expire pursuant to Article 13.01 of the new collective agreement

Effective January 1, 2010, the Company agrees to introduce the following variable pay plans to the following employee classifications:

Gainsharing Program:

• Material Handler • Installation Technician • Construction Technician • Stores • Service Technician • Fibre Technician • Work Order Control Coordinator • NTMC Analyst • Head End Technician • Dispatch Coordinator • Maintenance Technician • Platform Technician

NTSD Technical Support- Variable Pay Program:

• Customer Telephone

The Company will have sole responsibility for the design and administration of the variable pay plans, which will be consistent with that provided across comparable groups in Rogers Cable Communications Inc. The Company may alter these plans on a yearly basis. The specific details will be provided to each member on an annual basis.

These plans will reward Association members based on the achievement of specific individual, department, and/or company performance objectives.

The Gainsharing Plan will run on a Calendar year basis. The target maximum payout for each individual employee shall be1:

2010 2011 2012 2013 20142 3% 3% 5% 5% 5%

1. Expressed as a percent of base wages 2. Continuation of the plans in 2014 dependent upon contract renewal terms

~ Tom Dalby

Association

Director, Human Resources President

W I RELESS • CABLE TV • I NTERNET • HOME PHONE • RETA I L • PUBLISH I NG • BROADCASTING

Page 41: COLLECTIVE AGREEMENT BETWEEN ROGERS CABLE INC. DON MILLS … · 855 YORK MILLS ROAD DON MILLS, ON M3B lZl AND METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION SEPTEMBER

Appendix B

G

August 26, 2009

Ms. Anne Whelan Metro Cable TV Maintenance and Service Employees Association P.O. Box 295, Don Mills, ON M3C 2S2

Letter of Understanding- Customer Telephone Employees

og ... ., C..mle C r Hlunications Inc.

855 York Mills Road Don Mills. Ontario M3B 1Z1

This is a letter of understanding between Rogers Cable Communications Inc. ("Company") and Metro Cable TV Maintenance and Service Employees Association ("Association") that is in addition to the existing Agreement covering the period of September 1, 2009 to August 31, 2014. This letter of understanding will expire pursuant to Article 13.01 of the new collective agreement.

The parties acknowledge that the "Customer Telephone" classification shall be defined to include employees managed from the York Mills location (whether they work at York Mills or are a remote agent) whose primary duty is to provide technical support to customers regarding Rogers Cable Television. ·customer Telephone" employees are represented by the Association and are a part of the larger Rogers organization, National Technical Service Delivery (NTSD). Also part of NTSD and located at York Mills, are non-Association employees who provide technical support to other products.

As new technologies emerge, there may be a convergence between businesses and products that are currently managed separately. This may make the work done by employees who work for other lines of business less distinguishable from the work currently done by employees in the Customer Telephone classification.

The parties acknowledge that for Rogers to be successful, customers who use these technologies must be supported effectively and efficiently. As a result, while Cable Television support will remain the primary responsibility for "Customer Telephone" employees, they may also be required to provide support for other products. Conversely employees who are not in the "Customer Telephone· classification may be required to provide support for Cable Television.

The Company agrees to maintain a minimum of 53 full-time employees in the "Customer Telephone" classification.

The Association agrees not to claim that non-Association NTSD employees located at York Mills, or elsewhere. should be part of the Association, even if a portion of their work is related to Cable Television.

Company:

TomDa Human Resources Director

Association:

d~~ /AnlleWhelan

President

WIRELESS • CABLE TV • INTERNET • HOME PHONE • RETAIL • PUBLISHING • BROADCASTING