NONG Contract 2011-2014

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    AGREEMENT BETWEENTHE SUDBURY STARandLOCAL 30232

    THE NORTHERN ONTARIO NEWSPAPER GUILD (CLC AFL-CIO)MAY 1 , 2011 -APRIL 30, 2014

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    IndexArticle 1 -Coverage :........ 2-3Article 2 - Guild Mem bership 3Article 3 - Check Off 3Article 4 - Information 4Article 5 - Grievance Procedure 4-5Article 6 -J o b Security 4-5Article 7 - Probationary Period 6Article 8-Automation 6-7Article 9 - Promotions and Transfers 7Article 1 0 - Leaves of Absence 8Article 11 -Ju ry Duty 8Article 12 - Military Service 8-9Article 13 - Outside Activities 9Article 1 4 - Expenses, Professional and Safety Standards 9-10Article 1 5 - Severance Pay 10Article 16Holidays 10Article 17-Vacations 11-12Article 18 - Hours and Overtime 12-13Article 19 - Wage Schedules *(see also Appendix) 13Article 2 0 - General Wa ge Provisions 13-14Article 21 - Miscellaneous 14-15Article 2 2 - Managem ent's Rights 15Article 2 3 - Expressions of Dissatisfaction 15-16Article 2 4 - Duration and Renewal 16Classifications 17Letters 18-21

    Appendix A - Wa ge Schedules (attached)

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    This agreeme nt is made a nd entered into by and between The Sudbury Star, through itsauthorized representatives, party of the first part, hereinafter called the Company, andThe N orthern Ontario N ewspaper G uild, Local 30232, The Newspaper Guild (CLC AFL-CIO) through a committee duly authorized to act on its behalf, party of the second part,hereinafter called the G uild, and on behalf of all the em ployees of the Com panydescribed in Article 1.A R T I C L E 1 - C O V E R A G Ea) Editorial or News Departments - This agreement covers the employees of theCom pany in its Editorial or News De partment as defined by the Certificate ofRecognition issued to the Guild by the Labour Relations Board of the Province of Ontarioon the 25th day of April 1973, except Managing Editor, Editorial Page and News Editor,City Editor, Lifestyle Editor, Photographic Supervisor and persons regularly employed fornot more than 24 hours per week, and the Com pany recognizes the Guild as the solecollective bargaining agent for said employees.b) i) Part-time Editorial or News Depa rtmen t Emp loyees - This agreem ent coversthe employees of the company in its Editorial or News Department as defined by theCertificate of Recognition issued to the Guild by the Labour Relations Board of theProvince of Ontario on the 27 th day of September 1973, who regularly work less than 24hours per week save and except students em ployed exclusively during the schoolsumm er vacation period and students on work placement from journalism schools.ii) Pay for all part-time employees shall be calculated on the basis of the weeklysalary provided in this agreem ent pro-rated to the hours actually worke d.c) Accounting - This agreement covers the employees of the Compa ny in itsAccounting Department as defined by the Certificate of Recognition issued to the Guildby the Labour Relations Board of the Province of Ontario on the 25th day of April 1973,except Ch ief Accountant, Assistant Chief Accountant, Publisher's two ConfidentialSecretaries, Payroll Clerk, and persons regularly employed for not more than 24 hoursper week, and the Com pany recognizes the Guild as the sole collective bargaining agentfor said em ployees.

    Circulation - This agreement covers the em ployees of the Compan y in itsCirculation Department as defined by the Certificate of Recognition issued to the Guildby the Labour Relations B oard of the Province of Ontario on the 30th day of M arch 1977,except Reader Sales and Service Manager, Distribution Manager and persons regularlyemployed for not more than 24 hours per week and students employed exclusivelyduring the school summ er vacation pe riod, and the Company recognizes the Guild asthe sole collective bargaining agent for said employees.No Contracting Out - Part-time employees shall not be used nor independentcontractors utilized for work which is regularly performed by regular full-time employeeswhen such use or utilization would eliminate or displace these employees, and it isrecognized that the Com pany may use special contributors or freelancers whosecontributions may be purchased from time to time but such use shall not eliminate or displacethese employees.

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    0 Building Maintenance - This agreement covers the employees of the buildingmaintenance department as defined by the Certificate of Recognition issued to the Guildby the Labour Relations Board of the Province of Ontario of the j j a y of 1989except the foreman a nd persons em ployed for not more than 24 hours per week andstudents employed during the school summer vacation period, and the Companyrecognizes the Guild as the sole bargaining agent for said em ployees.g) Advertising Department - This agreem ent covers all employees in the AdvertisingDepartment of The Sudbu ry Star in the Regional Municipality of Sudbury, save and exceptDirector of Advertising, Retail Advertising Manager, Promotions M anager, C lassifiedSupervisor, persons regularly employed for not more than twenty-four hours per weekand students employed during school vacation periods.h) The Com pany shall notify the Guild in writing of its intention to hire personnel inareas wh ere the Guild represents em ployees an d will provide a description of positionsthe new personnel are to fill.i) Any Guild me mb er has the right to have a Guild representative present during anymeeting wh ich may result in disciplinary a ction. The employee concerned shall beadvised by the C ompany that he/she may have a Guild representative at the m eeting ifhe/she so desires.ARTICLE 2 - GUILD MEMBERSHIPa) Employees shall be required as a condition of employment to apply for membershipin the Guild within 30 days of em ployment. It shall be a condition of employment of allemployees that they shall remain mem bers of the Guild in good standing during theterm of this agreement. The Guild agrees that it will accept into and retain inmem bership any em ployee, subject to the C onstitution and Bylaws of the Guild andfurther agrees that an employee shall not be discharged in the application of thisprovision excep t for non-payment of dues uniformly required of all mem bers.b) The re shall be no interference or attem pt to interfere with the opera tion of the Guild.ARTICLE 3 - CHECK OFFa) The company shall deduct weekly from all employees in the bargaining unit who areon staff at the start of the month in which the dues are collected and shall pay to theNorthern O ntario Newspa per G uild, Local 30232, immediately following the last pay ofthe month, all Guild membership dues. Such membership dues shall be deducted fromthe em ployee's earnings in accordance with the Guild's schedule of dues furnished tothe Co mpan y by the G uild. Such schedule may be amended by the Guild to take effectthe month following the m onth in which the notice is given.

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    ARTICLE 4 - INFORMATIONa) Upon signing of this agreement and once a year thereafter, the Company shallsupply the Guild with a list containing the following information for each Guild member:1. Nam e, address, sex, date of birth, and social insurance number.2. Date of hiring3. Classification4. Experience rating and experience anniversary date5. Salaryb) Within two weeks of hiring a new em ployee , the Company shall furnish the Guild inwriting with the data specified in section (a) for each new employee.c) The Company shall notify the Guild in writing with reasona ble freque ncy with respectto resignations, terminations, deaths, and other revisions in the data listed on (a) witheffective dates.ARTICLE 5 (a) - GRIEVANCE PROCEDURESTEP1A complaint by an employee or the union shall be presented in writing to his/herimmediate supervisor or the publisher within twenty one (21) days of the event givingrise to the complaint.The immediate supervisor or the publisher shall provide a written reply to the complaintwithin five days of receiving the complaint. Such complaint must be submitted on agrievance form approved by the parties.STEP 2Should the matter fail to be resolved in Step 1, then the complaint shall be presented tothe Grievance Comm ittee within five (5) days of the decision being rendered by thepublisher and/or supervisor. Th e grievance Comm ittee shall be ma intained to consist ofone (1) representative of the company and one (1) representative of the Guild, and in thecase of vacancy or prolonged ab sence, another shall be immediately appointed inhis/her place. Such Grievance Committee shall meet within five (5) days of any matterbeing referred to it and shall render a written decision within ten (10) days of themeeting.Should the matter fail to be resolved at that stage then either party may refer the matter toarbitration.ARTICLE 5 (b) - ARBITRATION PROCEDUREA grievance w hich is not settled at the last step of the grievance procedure may bereferred by either party to a sole arbitrator for final and binding settlement withoutstoppage of work. The party requesting arbitration must notify the other party in writing oftheir choice of an arbitrator within ten (10) days of the decision rendered at the last stageof the grievance procedure. Should the parties fail to agree to an arbitrator within thirty(30) days then the Ministry of Labour of the Province of Ontario shall be requested toappoint one. By mutual consent of the parties the m atter may be referred to a Board ofArbitration.

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    ARTICLE 5 (c) - TIME LIMITSIt is intended that grievances shall be processed as quickly as possible. If the grievingparty does not appeal the grievance to the next successive stage within the specifiedappeal time limit, the grievance shall be deem ed to be abandoned and shall notthereafter be reinstated. If the responding party does not answer the grievance withinthe specified answer time limit for each stage, the grievance shall automatically proceedto the next stage.Notwithstanding the a bove, the appeal and answer time limits as specified may beextended by mutual agreement of the parties.ARTICLE 5 (d)Management grievances may be submitted commencing at Step 2 of the grievanceprocedure.ARTICLE 6 - JOB SECURITYa) No emp loyee shall be dismissed except for just and sufficient caus e. Notice ofdismissal and reason thereof shall be given in writing to the em ployee and the Guild.b) The Compan y recognizes that every reasonable effort shall be made to lessen theimpact on employees of loss of employment and will discuss with the Guild threemonths in advance of any layoff, ways and means which m ay lessen their impact.During the discussion, the Com pany shall inform the G uild of the number andclassification affected. The Company shall also notify the affected employees inadvance of the proposed layoff. At least three months in advance of the layoff, theCom pany shall accept voluntary resignations from em ployees in the classificationsinvolved. The number of employees to be laid off shall be reduced by the number ofvoluntary resignations received.c) W hen eve r it is determ ined necessary to reduce staff, employees will be laid off withinany classification on the basis of the reverse order of their total length of Companyservice since last hired, provided that those remaining are qualified to perform the workrequired. An employee in a classification being reduced in number may elect to go toanother classification in which he/she has proven competency, providing his/her totalCom pany seniority is greater than that of the employee whom he/she is "bum ping". Ifcompetency has not been' proven, the C ompany may grant a one-week familiarizationperiod to demonstrate the required competency.d) Em ployees will be recalled to work in the same classification in the reverse orderfrom that in which they have been laid off, provided they are qualified and suitable for thework required and provided however, that such recall takes place within twelvemon ths from the date of layoff after which they are removed from the rehiring list. Timespent on layoff up to said period shall not constitute a break in service, but the layoffperiod shall not be included in calculating total service with the Company.

    e) Seniority shall be defined as length of continuous service with the Company. An

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    employee shall lose seniority and employment in the event that:1. The employee resigns.2. The em ployee is discharged for just and sufficient ca use (and whe n such dischargeis not reversed through the grievance proced ure).3. The employee has been laid off for a period exceeding eighteen (18) consecutivemonths.4. The employee fails to report for work after notification of recall to work following layoffwithout providing a reasonable explanation to the employer.5. The em ployee fails to report for work after an authorized leave of absence withoutproviding a reasonable explanation to the em ployer.6. The employee has been absent for three working days without providing areasonable explanation to the em ployer.7. The employee retires.f) The Guild and the C ompany agree that there shall be no dismissals as a result ofputting this agreement into effect.ARTICLE 7 PROBATIONARY PERIODNew employees shall be considered probationary em ployees for the first 90 calendardays of their em ployment. Th e probationary period may be extended for up to 90calendar days by mutual agreem ent of the parties in writing.Upon the successful com pletion of the probationary p eriod, an employee's length ofservice shall be dated from their original hiring date.At the end of each m onth of the probationary period, or more often if required, anemployee's progress will be reviewed and d iscussed with his/her department head. Acopy of such review shall be supplied to the Guild, with the consent of the individualconcerned. T ermination of employment during or at the end of the probationary periodshall not be subject to the grievance procedures of this agreement.ARTICLE 8 - AUTOMATIONa) The Guild shall be given at least three (3) mon th's notice in advan ce of theintroduction of new or m odified equipm ent or processes which will have a substantialimpact on any employee(s) in the bargaining unit. During this three (3) month period theCompany shall discuss with the Guild the probable impact on the staff.b) The Company agrees to retrain and keep in its employ that number of regular full-timeemployees required to m eet the needs of the new or m odified ope ration. An employee to beretrained or displaced m ay elect to fil l a job opening in som e other position for w hichthe em ployee has transferable skills.c) Displaced employees who are not retrained and retained in the employm ent of theCom pany shall receive severance pay as provided for in Article 15.d) Opportunities for retraining and retained employm ent with the Company shall beoffered in order of length of service with the Company with first opportunities provided toemployees with the longest service, providing the em ployee with the longest servicedemo nstrates a reasona ble abil ity to perform the new job function.

    e) A pregnant employee who normally works on VDTs may request to be reassigned to

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    work that does not involve the use of VDTs, if such work is available within herclassification or department, at a salary appropriate to the work being performed.Permission to be reassigned shall not be unreasonably withheld. If no alternativeemployment is available an unpaid leave of absence will be granted upon request.Autom ation Com mittee - Re: VDT installation. The Sudbury Star agrees to meet with acommittee from the Guild prior to and after the installation of VDTs. The committee willreview the physical layout of desks and terminals and will seek to avoid glare onscreens. Th e com pany will consider suggestions in this regard.A R T I C L E 9 - P R O M O T I O N S A N D T R A N S F E R Sa) Employees shall receive first consideration for vacancies in positions covered by thisagreement. Notice of such vacancies will be given to the Guild for posting.b) Em ployees prom oted to a higher classification shall be given a trial period of twomonths, which period m ay be extended or shortened by agreement with G uild. Duringsuch trial period an employee shall receive at least the minimum next higher than theclassification from wh ich he/she advanced . During the initial three weeks of such trialperiod the emp loyee m ay elect to return to the classification from which he/sheadvanced.c) At the end of the two-month period or extended period the employee shall beconfirmed in the higher category or returned to the lower classification. If an employeeelects to return to the lower classification or if he/she is not confirmed, in which casehe/she shall receive the rate of the lower classification but his/her period of service in thehigher classification shall be counted for all purposes as service in the classificationfrom which he/she advanced.d) An employee tempora rily assigned to a higher classification for a period of more thanone week would receive at least the minimum next higher than his/her classification.e) The Com pany agrees not to initiate transfers to any other enterprise without theconsent of the em ployee. An employee shall not be penalized for refusing to acceptsuch a transfer.f) The Company shall provide a written explanation to an employee and the Guild, whyhe/she is denied a prom otion.g) The company agrees not to alter an employee's normal work routine in anysignificant way without prior notification to the employee. The employee's input shall begiven serious consideration before any changes are ma de.

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    ARTICLE 10- LEAVES OF ABSENCEa) Leaves of absence without pay shall be granted , subject to (b) of this Article, by theCompany for good and sufficient cause providing that such leave can be arrangedwithout interference with the efficient ope ration of a departmen t. N o m ore than oneemployee in a department need be granted leave at one time.b) Except as provided in (c) of this Article, all conditions of the leave and return to workmust be in writing and agreed to by both the Company and the employee before theleave is effective.c) (i) Upon three weeks' written notice, a leave of absence without pay shall begranted to an employee elected or appo inted delegate to conventions or conferences orspecial meetings of The Newspaper Guild (CLC AFL-CIO). Not more than one personfrom a classification shall be absent on such leave at any time, and no t more than twopersons shall be absent on such leave at any time . It is understood that the above issubject to the operational requirements of the Comp any, with respect to a request forleave for two employees from the same department.

    (ii) Upon one m onth's notice, a leave of absence shall be granted to an employeeappointed or elected delegate to conventions of the Ontario Federation of Labour orCanadian Labour Congress. Not more than one employee shall be absent on suchleave at any time except by agreement of the Company.d) Upon reques t, ma ternity leave in acco rdanc e with provincial legislation shall beprovided. Such leave may be extended by mutual agreement.e) Bereavement leave of up to three days shall be provided to em ployees, if the funeralis attended, in event of the death of the wife, hu sband, child, mother, father, stepmother,stepfather, brother, sister, mother-in-law, father-in-law of the employee. Such leave shallbe one da y in the death of a grand parent if the funeral is attended. Up to five days will begranted for attendance at funerals out of province. In the event of a bereavem ent, theCompany will endeavour to accommodate the employee.ARTICLE 11 -JURY DUTYAn employee called for service by any legal court shall receive the difference between thecourt rate and the am ount of straight-time earnings lost by reason of such service. To qualify, anemp loyee m ust produce proof that his/her absence was in response to asumm ons for jury duty or service as a juror and he/she must m ake him/herself availablefor work whene ver excused from such duty for one half day or more.A R T I C L E 1 2 - MIL ITARY SERVICEa) An employee called to active duty by a branch of the Armed Forces shall be granted aleave of absence without pay for the time required by m ilitary orders. Upon honourabledischarge , the employee may claim reinstatement in his/her former position or acomparable one within 90 days. At that time the leave commences, the employee shallreceive accrued vacation to the date of departure.b) Time spent on military leave will be counted for the purposes of establishing vacation

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    eligibility but not accrua l.A R T I C L E 13 - OUTSIDE ACTIV IT IESa) Employees shall be free to engag e in any activities outside of work ing hours,provided such activities do not consist of service performed in competition with theCompany, do not result in any conflict of interest with respect to the employee's dutieswith the newspaper and do not exploit an em ployee's con nection with the Com pany.b) It is understood that comp etition includes The National Post, TheToronto S tar, The Globe & Mail, and all media in the Sudbury Star circulation area,electronic or otherwise.c) It is understood that employees may engage in work for media that wou ld norma lly beconsidered competition, provided the employee has the prior permission of theCompan y and the Com pany receives credit for the employee's connection with theCompan y. Such permission shall not be unreasonably withheld.A R T I C L E 14 - E X P E N S E S , P R O F E S S I O N A L & S A F E T Y S T A N D A R D Sa) An employee's by-line or credit line shall not be used over his/her protest.b) W hene ver possible, substantive change s in material subm itted shall be brought toan employee's attention before publication.c) The Company will reimburse the emp loyee for all legitimate expen ses authorized andincurred in carrying out the instructions of the Company. Forms for claiming suchexpenses shall be freely available to those employees requiring same.d) Each employee using at Company vehicle (if any are in operation as determined bythe Company) shall be responsible for reporting malfunctions and other operating data,as prescribed by Company regulations. No employee is permitted or required tooperate a vehicle in unsafe condition.e) All employees will be required to have their own automobile whe n the position sorequires. An em ployee who is required and authorized to use his/her own automobile bythe Co mpany shall be reimbursed for mileage driven in the service of the Company atthe rate of 44 cents per kilometre.f) Reimbursement for all expenses authorized and approved shall be made once amonth. Employees shall be required to submit their expense claims by the 22nd day ofthe m onth following the m onth in which the expenses w ere incurred. Failure to do soshall result in forfeiture of reimbursement.g) The company will provide reimbursement of up to $20 a month for those required to usetheir cell phone for business use upon submission of bill.h) On the basis of the rates of com pensa tion in this contract the Employer is the owner of allcopyrights on all material produced by editorial employees in the course of their employmentwith the Sudbury Star and has the full right to reproduce, publish, translate, broadcast,

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    distribute, archive, sell or license this material in any manner, form or medium that the Employerchooses, including electronic form and Internet. It is agreed that any employee producingcontent or material waives any and all rights, including more rights, with regard to that content ormaterial.ARTICLE 15 - SEVERANCE PAYSeverance pay at the rate of two (2) weeks wages for each completed year of continuousservice or major fraction thereof shall be paid to employees who are permanently laid off for anyreason (including lack of work, technological change or transfer of work), up to a m aximum ofthirty-six(36) week s.If an employee is recalled prior to the end of the period for which he/she receivedseverance pay, he/she shall refund the unexpired portion of the severance pay to theEmployer upon his/her return. Reasonable terms shall be arranged if required by the employee.Employees, who have over twenty-five (25) but less than thirty (30) years of continuousservice, shall be paid a lump sum of three (3) additional weeks for a total of thirty-nine(39) weeks severance pay.Employees who have over thirty (30) years of continuous service, shall be paid a lumpsum of five (5) additional weeks for a total of forty-one (41) weeks severance pay.There shall be no duplication or pyramiding of severance under the provisions of theEmp loyment Standards Act. If severance pay is required to be paid under theEmp loyment Standards Act, the amount of severance pay paid or payable under thisagreem ent shall be reduced by the amount of such statutory severance pay.ARTICLE 16-HOLIDAYSa) The Company observes the following days: New Year's Day, Family Day, Good Friday,Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day andBoxing Day or days celebrated as such.b) An employee not required to work on anyone of the above holidays shall be paid forthe day, subject to c) below.c) If an employee is away the day before or the day after a statutory holiday, he shall bepaid for the holiday when the Company is satisfied with the reason for his/her absenceor when a doctor's certificate is produced on his/her return to work.d) An employee required to work on the holiday shall receive not less than time andone-half for the hours worked which shall be in addition to holiday pay, to be paid in cashor its equivalent off work (time and one-half) at the option of the employee, who mustadvise the Company in writing within twenty-four (24) hours. Such time off shall begranted as soon as possible after it is earned but in no case later than sixty (60) daysafter it is earned.A R T I C L E 17 - V A C A T I O N Sa) Employees who have completed the following specified periods of service as ofMarch 31 each year shall receive an ann ual vacation with pay for that year on thefollowing basis, and calculated on the straight time rate of pay.

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    Employees who have worked for the employer for one year or more, but less than threeconsecutive years, shall be entitled to two weeks vacation with pay or four (4) per cent oftotal earnings, whichever is greater.Employees who have worked for the employer for three consecutive years or more shallbe entitled to three weeks vacation with pay or six (6) per cent of total earnings,whichever is the greater.Employees who have worked for the employer for nine consecutive years or more shallbe entitled to four weeks vacation with pay or eight (8) per cent of total earnings,whichever is greater. Effective April 1, 2007 employees who have worked for theemployer for eight consecutive years or more shall be entitled to four weeks vacationwith pay or eight (8) per cent of total earnings, whichever is greater.Employees who have worked for the employer for seventeen consecutive years or moreshall be entitled to five weeks vacation with pay or ten (10) per cent of total earnings,whichever is greater.Employees who have worked for the employer for twenty-seven consecutive years ormore shall be entitled to six weeks vacation with pay or twelve (12) per cent of totalearnings, whichever is greater.Employees wishing to take their vacation during the first three months of the calendar year shallnotify the Company of the specific dates by the end of the first week in January. The Companyshall respond to such requests within 10 days.b) The vacation schedule shall be arranged by the Compa ny with due consideration forwork loads and convenience of the employees and posted by March 31 in each year. Itis the clear intent of this section that the right of the Company to decide the number ofemployees on vacation at any time is confirmed.c) Employees shall be granted at least two week s' consecutive vacation during thepreferred period (June 1 to Labour Day). S ports and life reporters will not be groupedwith other reporters for purposes of vacation scheduling. E mployees m ay take threeweeks' consecutive v acation during the preferred period; and up to four wee ks'consecutive vacation outside the preferred period; providing staff and productionrequirements can be met. Permission for four consecutive weeks of vacation shall notbe unreasonably withheld.d) Employees shall provide the Company with preferred vacation dates by March 15 ineach year and in event of a conflict over vacation dates, seniority will govern. Failure ofan em ployee to designate a preferred vacation may cause the employee to lose apreference to which seniority might otherwise have entitled an em ployee.e) An employee whose employment is terminated for any reason shall receive pro ratavacation pay for the period to which the employee is entitled.f) If any holiday(s) designate d under this agreem ent are observed during an employee'svacation pe riod, such an em ployee shall be granted another day(s) off. In accordancewith past practice, the Com pany will endeavour to schedu le such day(s) and anemployee's weekly day off immediately to precede or follow his/her vacation.

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    ARTICLE 18 - HOURS AND OVERTIMEa) The work week shall consist of five days of seven and one-half hours ea ch, fallingwithin eight and one-half hours. For Classifications M-1 the work week shall consist offive days of seven and one-half hours each, falling within eight hours. M-1 staff workingother than day shifts must remain in the building during their lunch period provided bothmaintenance em ployees are working overlapping shifts. At least one maintenanceemployee must be in the building during the night shift for security reasons. Foremployees required to work night shift, the work day shall consist of seven hours withineight hours. The Company shall endeavour to provide consecutive days off during thework week.b) Overtime shall be defined as work authorized and required in exces s of the work dayor work week specified above and shall be compe nsated for at one and one-half timethe normal hourly rate, as herein provided.c) For employees in Classifications E-1, E-2, and C-1, the Company will provide theequivalent time off at the rate of time and one-half for all work in excess of a regularweek's work as set out above, except that overtime in excess of three hours in anyoneweek will be paid in cash at the rate of time and one-half.d) The hours of work shall be scheduled by the Company not later than Wednesdayprior to the work week in which the work applies. Such schedule may be changed onlyby mutual agreement. However, changes may be made by the Company to coveremergency situations.e) Upon ratification, emp loyees whos e major portion of a shift falls between 7 p.m . and 7a.m. will be paid a shift differential of $11.00 per shift.f) In a week in which a holiday as listed in Article 16 (Holidays) is obs erve d, all timeworked in excess of the remaining days in the work week shall be recognized asovertime.g) Emp loyees in Classifications E- 1, and E-2, whe n required to work split shifts, whichwill be limited to four per month per employee during each year of this agreement,except that an unlimited number of such shifts may be assigned to sports staff, shallreceive $7.50 per split shift effective September 1, 1990. It is understood that to fuifilnormal operational requirements, an employee may be required to work more than foursplit shifts in a calendar month, but without the employee's written consent, will not berequired to work more than 48 split shifts in a calendar year. Employees inClassification C-1 when required to work split shifts, which will be limited to two perweek, shall receive $7.50 per split shift.h) There shall be a minimum of eleven hours between scheduled shifts. Such turnaround time may be shortened by mutual agreement between the employee and theCompany.i) Wh ere an employee is granted time off in lieu of cash for overtime worke d, it shall beat the employee's discretion when that time off is taken. Such time off must be taken

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    within three weeks of when it was worked and notice m ust be given on the Tuesday priorto the work schedule being posted.j) In conjunc tion with the posting of the vacation sched ule, the comp any shall postweekend and holiday schedules for the next year. It is understood this schedule isintended as a guide only and m ay be subject to change to m eet production and staffrequirements.k) Adv ertising Retail Staff, Outside Classified Salesperson s and NIE/Literacy Coordinator are excluded from the overtime provisions of this agreement. Such overtime tobe worked at the discretion of the em ployee.ARTICLE 19 - WAGE SCHEDULESWee kly m inimum schedules for Guild employees Classifications and Steps shall be asoutlined in Appendix A, which forms part of, and is attached to this collective agreement.Wh en the sports reporter is assigned to do the sports editors work for a full shift, he/sheshall be paid the sports editors rate of pay. In any event, the adjustment shall be up to amaximum of $20 per shift.Retroactive pay will be paid to all employees, who are covered by this collectiveagreem ent at ratification, for all hours worked since May 1, 2006.ARTICLE 20 - GENERAL WAGE PROVISIONSa) In the application of the schedu le of minima , experience shall include all employme ntin comparable work relevant to the work for which a person is hired to perform. Anemployee shall be classified by the Company as to job title and experience rating at thetime of employment.b) An employe e shall not be transferred to work which he/she is not familiar with for thepurpose of declaring him/her incompetent.c) The re shall be no reduction of salaries as provided herein or as a result of puttingthis agreement into effect.

    d) Paym ent of salaries shall be made every two weeks by electronic deposit.A R T I C L E 2 1 M I S C E L L A N E O U Sa) "Coffee breaks" shall continue in the same manner as in the past. It is understoodthat said breaks are not interpreted as meaning "rest periods."b) The new FlexMedia benefit plan for all full-time emp loyees of Sun Media will be applicableto all full-time em ployees covered by this collective a greement and these em ployees willparticipate in such plan. The terms and conditions of the com pany benefits plan, includingcoverage of benefits shall be no less than those described and disclosed to the union duringnegotiations.

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    Part Time EmployeesPart-time employees will continue to be covered under the prior benefit program if they soqualify.If, during the term of this collective agreement, a new benefit plan is introduced for all part-timeemployees of Sun Media, then that plan will be applicable to all part-time employees covered bythis collective agreement and these employees will participate in such plan with the union'sconsent which shall not be unreasonably withheld.Short Term DisabilityIf an employee is absent for more than three consecutive days and has not completed a ShortTerm Disability form in anticipation of an absence longer than ten working days, he or she willbe required to provide a doctor's note for those days. For purposes of clarity, legitimate (seebelow) casual illness or absenteeism prior to eligibility for Short Term Disability under the Flexplan will be paid at regular straight time pay for the time absent from work.For absences that fall outside the Short Term Disability Plan under Flex Media, employees maybe required to provide a doctor's note to the employer to authorize their absence from work aswell to qualify for paym ent of wages.The request for the doctor's note will be based on reasonable criteria which are as follows:1) The employee has an excess record of absenteeism;2) The em ployee exhibits a pattern of absences; or3) The company has reasonable grounds to suspect that the illness was not legitimate; in whichcase the employee may be required by the Com pany to provide a doctor's note.The em ployee pool will be unionized em ployees within Central and We stern C anada. This poolwill exclude the unionized employees in Eastern Canada (Quebec).FlexMedia credits for these employees will be modified to provide for a 50/50 blended costsharing approach for all premium increases or decreases. Though LTD is paid for entirely by theemployee, increases in LTD will be included in the calculations of the blended approach. TheCompany will take 5 0% of the premium increase/decrease and will increase or decrease thecredits based on the table for single, couple or family selections.c) The Compan y shall provide four bulletin boards and erect one in each of the twoareas where Guild mem bers are located, to be used solely by the G uild and for mattersrelevant to Guild activities.d) The Guild and the Company agree there shall be no discrimination against anemployee or prospective employee because of his membership or non-membership inthe Guild, nor because of age, sex, race, creed, colour, national origin, marital orparental status. It is recognized that employees have political freedom as contained inthe Canadian Charter of Rights and Freedom s.e) The Guild agrees that during the term of this agreement there shall be no strike,slowdown or stoppage of work or interference with production. The C ompany agreesthat there shall be no lockout of employees during the term of this agreem ent.

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    f) The comp any shall furnish a clean, healthful, sufficiently ven tilated, properly heatedand lighted workplace for the performance of all work. The union agrees that it will followaccepted rules of sanitation and goo d housekeeping.A R T I C L E 2 2 - MA N A G E ME N T ' S R I G H T SThe Guild acknowledges that it is the exclusive function of the Company to:a) Maintain order, discipline and efficiency.b) Hire, discharge, classify, direct, transfer, layoff, promote and discipline for causesubject to grievance and other rights as herein provided by this agreement.c) Make and alter from time-to-time rules and regulations to be observed by theemployees, provided that they are not inconsistent with the provisions of this agreement;and generally to man age the enterprise in which the Company is enga ged, and todetermine the methods and equipment to be used.d) The Compa ny shall have the sole right to determine the specific days on whichpublication shall be maintained, the number of editions to be published, when otherwork shall be performed, shall be the judge of the number of employees required in anycapacity, and shall be the judge of competency.e) The parties agree that the mana geme nt rights herein stated shall be subject to theterms and provisions of this collective agreement and where such m anagement rightsare in conflict with the terms and conditions of this collective agreement, the terms andconditions of this collective agreement shall prevail.ARTICL E 23 EXPR ESSION S OF D ISSATISFAC TIONCopies of written criticism or reprimands shall be furnished to the Guild with the consentof the individual concerned. If such written criticism or reprimand becomes part of apersonnel file, any replies to the criticism or reprimand shall become part of that file.A R T I C L E 2 4 D U R A T I O N & R E N E W A La) This agreement shall remain in effect for a term of three years, expiring on April 30,2014. Within 90 days, prior to the termination of this agreement, the Company or theGuild may, on written notice to the other party, initiate negotiations for a new agreement.b) If pursua nt to such negotiations an agreem ent is not reached prior to the expirationdate of this agreement, this agreement shall continue in full force and effect untilexecution of a new agreement or completion of conciliation proceedings as prescribedby law, whichever shall first occur.

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    CLASSIFICATIONSNewsroomGroup E-1: EditorGroup E-2: MM J, MM J-Deskperso n, Graph Artist in contract and in Appendix AGroup E-3: Photo Techn icianGroup E-4: Editorial ClerkAccounting DepartmentGroup A -2: Accounting Clerk, Sw itchboard

    Advertising DepartmentGroup B-1: NIE/Literacy C o-ordinator, Display Sales, Outside C lassified SalesGroup B-2: Classified ClerkGroup B-3: Local Advertising Clerk, National Advertising ClerkCirculation DepartmentGroup C-1: CirculatorsGroup C-2: Circulation ClerkBuilding MaintenanceGroup M-1: Building Maintenance Workers

    THTHIS AGREEMENT MADE AND ENTERED INTO THIS 7 m DAY OF JULY, 2011

    Q nFOR THE COMPANY FOR THE GUILD

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    Letter No. 1March 14,2007Mr. David KilgourPublisher & General ManagerThe Sudbury StarDear Mr.KilgourOn behalf of the Northern O ntario Newspaper Guild, Local 30232, The Newspaper Guild, and inconnection with the negotiated dause covering bulletin boards, it is our dea r understanding that the Guildassumes full responsibility in assuring that notices on the bulletin boards shall not contain material that islibellous, scurrilous or detrimental ohe labour management relationship.Yours truly,Denis St. PierrePresidentThe Newspaper Guild, Local 30232

    Letter No. 2Re: Weekend Manpower Requirements1. The listing is appropriate as a guideline only. It must be subject to production requirementswhich sha ll not be unreasonably imposed.2. Friday NightsDesk Up to six (in addition to sports editor above)3. SaturdayReporters Up to twoSports Up to twoPhoto Up to twoCirculation One rep. and one derk, 6 a.m. to 2 p.m.4 . SundayDesk Up to six

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    Maintenance One5. There shall be no splitting of weeken d shifts.6 . Circulation representatives or clerks will not be scheduled to start a weekend shift earlier than 6 a.m.7. When an employee works a weekend shift, it shall be by mutual agreement when the day owed to himis taken off.

    Letter No. 3In a cooperative effort to minimize the impact of weekend work on all employees, the parties agree that aslong as production requirements are met, the number of full-time circulation representatives on theSaturday shift will be limited to two, and the maintenance employee(s) will be inserted into theweekend rotation.

    Letter of Understanding: TrainingThe Company is committed to provide the necessary training to affected employees in the operation ofany new or modified processes introduced during the course of the contract.

    Letter of Understanding: Group RRSPThe parties agree that a Group RRSP w ill be established effective January 1,2000 for the employeesof the Northern Ontario Newspaper Guild, Local 30232. The plan will be administered by an independentthird party that has no affiliation with the union or the employer.Employees currently enrolled in the company pension plan will have a one time option (on June 1,2000)of choosing to remain in the company plan or switching to the Group RRSP. Employees w ill not be ableto be participants of both plans.Empbyees hired subsequent to January 1,2000 will have the option of oining either the company plan or theGroup RRSP, but not both.The Company agrees to contribute as follows for each employee who is a participant of the group RRSP.Effective upon ratification:Effective May 1,2008:Effective May 1,2009:Effective May 1,2010:Effective Nov. 1,2010:Effective Jan. 1,2012:Effective Jan. 1,2013:

    $5.50 per straight-time shift$6.50 per straight-time shift$7.50 per straight-time shift$8.25 per straight-time shift$9.00 per straight-time shift$10.00 per straight-time shift$ 11.00 per straight-time shift

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    Contributions shall be made for any straight-time shift for which an employee receives compensation(e.g. vacations, holidays, disability insurance, bereavement leave, sick leave).The Employer's sole liability as to pension benefits for the employees participating in the Group RRSPis limited to its negotiated contributions.The Publisher specifically assumes no responsibility for the benefits promised the participants.

    Letter of Understanding: Joint Labour-Managem ent Comm itteeThe parties mutually recognize the importance of providing a work environment that fostersefficiency, productivity and job satisfaction. The parties also agree to strive for a more harmoniouslabour-management relationship. The parties therefore agree to establish a joint labour-managem ent com mittee comprised of one union representative from each bargaining unit and threerepresentatives from the Company. The committee will meet at the request of either party, with aminimum requirement for quarterly meetings. The party requesting the meeting will provide theother with an agenda of discussion items, at least one week in advance of the meeting.The joint com mittee sha ll develop recomm endations to resolve issue (s) of concern. In the eventthe committee fails to agree, the matter in dispute shall be placed before the Publisher, who shallrender a decision in a time ly fashion. The Publisher's decisions, as well as any recommendationsmade by the com mittee and endorse d by the P ublisher shall be implemented in a timely fashion.

    Letter of Understanding: Sick Leave AbuseThe parties agree to work together in addressing any potential for sick leave abuse , the goal being tolimit the possibility of sick leave abuse and getting all employees back to work as safely and assoon as possible.

    Letter of Understanding: Work Boots

    It is agreed that the building maintenance worker will be required to show an acceptable receiptto the Company in order to be reimbursed for the cost of work boots as provided for in theCollective Agreement.Letter of Understanding:The company will continue to provide reimbursement for business expenses for cell phones inRSS for the following p eople: Bob C hartrand, Craig Smith, Rick Hynes and Cosimo Micelotta.

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    Letter of Understanding: MMJWork in the Multi-Media Journalist job classification will be focused in two fields: text andimages. Text includes news or feature articles, columns, editorials and the written word in otherforms (for example, blogs). Images include sti l l photography, video, online slide shows andother forms of multi-media such as audio. Employees formerly classified as reporters orphotographers shall continue to be given assignments in their superior skilled field (text orimages) as long as such work is available. They may be assigned duties in the other field (i .e.not their superior skilled field) but duties in the other field shall not represent the majority oftheir duties on an ongoing basis. Whenever it is determined necessary to reduce staff,employees will be laid off within any classification on the basis of the reverse order of their totallength of Company service since last hired. Any employee in a classification being reduced innumber may elect to go to another classification in which s/he has proven competency,providing his/her total Company seniority is greater than that of the employee whom s/he"bumping." If competency has not been proven, the company may grant a one-weekfamiliarization period to demonstrate the required competency. Should the requiredcompetency not be attained in the one week familiarization period, the bumping shall bereversed.

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    APPENDIX A : WAGE SCHEDULES

    Start After 1 After 2 After 3 After 4 After 5 After 61. Group E-1Editor

    1-Nov-10 1,069.76 1,081 .16 1,092.661-May-11 0.000% 1,069.76 1,081.16 1,092.661-May-12 1.000% 1,080.46 1,091.97 1,103.591-May-13 1.500% 1,096.66 1,108.35 1,120.142. Group E-2MMJ, MMJ-Deskperson, Graph Artist in contract and in Appendix AGroup B-1: NIE/Literacy Co-ordinator, Display Sales, Outside Classified Sales

    1-Nov-101-May-111-May-121-May-13

    3. Group B-3

    0.000%1.000%1.500%

    Local Advertising Clerk1-Nov-101-May-111-May-121-May-13

    0.000%1.000%1.500%

    621.44621.44627.65637.07

    727.40727.40734.67745.69

    668.41668.41675.09685.22

    825.28825.28833.53846.04

    740.49740.49747.89759.11

    878.04878.04886.82900.12

    832.21832.21840.53853.14

    924.44924.44933.68947.69

    915.19915.19924.34938.21

    972.92972.92982.65997.39

    1,006.811,006.811,016.881,032.13

    1,069.761,069.761,080.461,096.66

    4. Group E-4Editorial Clerk1-Nov-101-May-111-May-121-May-13

    5. Group E-4

    0.000%1.000%1.500%

    Editorial Part-Time Clerk1-Nov-101-May-111-May-121-May-13

    0.000%1.000%1.500%

    674.98674.98681.73691.96

    645.08645.08651.53661.30

    744.18744.18751.62762.90

    711.22711.22718.33729.11

    791.76791.76799.68811.67

    756.70756.70764.27775.73

    833.61833.61841.95854.58

    796.69796.69804.66816.73

    877.31877.31886.08899.37

    838.45838.45846.83859.54

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    6. Group C-1Circulators

    -l-Nov-10 615.241-May-11 0.000% 615.241-May-12 1.000% 621.391-May-13 1.500% 630.71

    7. Group M-1Building Maintenance Workers

    661.72661.72668.34678.36

    733.07733.07740.40751.51

    823.90823.90832.14844.62

    906.04906.04915.10928.83

    996.74996.741,006.711,021.81

    1,059.051,059.051,069.641,085.69

    1-Nov-10 61 8.42 681 .46 724.98 763.25 803.271-May-11 0.000% 61 8.42 681 .46 724.98 763.25 803.271-May-12 1.000% 624.60 688.27 732.23 770.88 811 .301-May-13 1.500% 633.97 698.60 743.21 782.45 823.47

    8. Group E-3Photo Technician

    1-Nov-10 456.44 563.871-May-11 0.000% 456.44 563.871-May-12 1.000% 461 .00 569.511-May-13 1.500% 467.92 578.05

    646.81 734.67 799.41646.81 734.67 799.41653.28 742.02 807.40663.08 753.15 819.529. Group B-2Classified Clerk

    1-Nov-10 814.711-May-11 0.000% 814.711-May-12 1.000% 822.861-May-13 1.500% 835.20

    10. Group C-2Circulation Clerk

    897.85897.85906.83920.43

    955.26955.26964.81979.28

    1,005.331,005.331,015.381,030.61

    1,058.031,058.031068.611084.64

    1-Nov-10 784.851-May-11 0.000% 784.851-May-12 1.000% 792.701-May-13 1.500% 804.59

    867.93867.93876.61889.76

    920.23920.23929.43943.37

    968.86968.86978.55993.23

    1,019.661,019.661,029.861,045.30

    1 1 . Group A-2Accounting Clerk

    1-Nov-101-May-111-May-121-May-13

    12. Group A-2

    706.60 778.70 828.49 872.27 918.030.000% 706.60 77 8.70 828.49 872.27 918.031.000% 71 3.67 786.49 836.77 8 80.99 927.211.500% 724.37 798.28 849.33 894.21 941.1 2

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    Switchboard1-Nov-101-May-11 0.000%1-May-12 1.000%1-May-13 1.500%

    13. Group B-3

    769.71769.71777.41789.07

    National Advertising Clerk1-Nov-tO1-May-11 0.000%1-May-12 1.000%1-May-13 1.500%

    727.40727.40734.67745.69

    848.26848.26856.74869.59

    825.28825.28833.53846.04

    902.50902.50911.53925.20

    878.04878.04886.82900.12

    950.19950.19959.69974.09

    924.44924.44933.68947.69

    999.99999.991,009.991,025.14

    972.92972.92982.65997.39