AGREEMENT TORONTO STAR NEWSPAPERS LTD GRAPHIC COMMUNICATION CONFERENCE / INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 100M - Between And Covering ...
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AGREEMENT
Between
TORONTO STAR NEWSPAPERS LTD
And
GRAPHIC COMMUNICATION CONFERENCE /
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL 100M
(Covering the Mailing Room)
Effective
January 01, 2005 to December 31, 2011TABLE OF CONTENTS
PREAMBLE ……………………………………………………………………… Page 1
ARTICLE 1: RECOGNITION..……………………………………………… Page 1
ARTICLE 2: MANAGEMENT RIGHTS.…………………………………… Page 1
ARTICLE 3: JURISDICTION……………………………………………… Page 2
ARTICLE 4: UNION SECURITY & UNION REPRESENTATION… Pages 3-4
ARTICLE 5: MANAGEMENT……………………………………….……… Pages 4-5
ARTICLE 6: NO STRIKE OR LOCKOUT………………………………… Page 5
ARTICLE 7: DISCIPLINE, GRIEVANCE, DISPUTE RESOLUTIONS
AND ARBITRATION PROCESS ………………………….. Pages 5-8
ARTICLE 8: EMPLOYMENT CATEGORIES AND
JOB CLASSIFICATIONS ..…………………………………… Pages 8-11
ARTICLE 9: NEW HIRES AND PROBATION ..………………………… Page 11
ARTICLE 10: REGULAR EMPLOYEES ………………………………..… Page 12
ARTICLE 11: SENIORITY AND PRIORITY…………………………..… Pages 12-13
ARTICLE 12: HOURS OF WORK……………………………….………… Pages 14-15
ARTICLE 13: OVERTIME …………………………………………………… Pages 15-16
ARTICLE 14: WAGE RATES…………….………………………………… Pages 17-18
ARTICLE 15: REDUCTION IN WORKFORCE .………………………… Pages 18-23
ARTICLE 16: VACATIONS ……….………….…………………………… Pages 23-24
ARTICLE 17: RECOGNIZED HOLIDAYS ….…………………………… Page 25
ARTICLE 18: LEAVES OF ABSENCES…………………………………… Pages 26-28
ARTICLE 19: HEALTH & SAFETY ……………………………………… Pages 28-29
ARTICLE 20: HEALTH & WELFARE/WEEKLY INDEMNITY PLAN… Pages 29-36
ARTICLE 21: TERMS OF AGREEMENT……………..…………………… Pages 36-37
INDEX OF SUPPLEMENTAL AGREEMENTS, LETTERS AND
ATTACHMENTS …………………………………………… Pages 38-39G.C.C./I.B.T., Local 100M Mailing Room C.A. 2005-2011
PREAMBLE ARTICLE 2: MANAGEMENT RIGHTS
This Agreement is entered into by and (201) The Union recognizes the right of
between Toronto Star Newspapers the Employer to operate and manage the
Limited, hereinafter referred to as the Company’s business in all respects.
"Employer" and the Graphic
Communications Conference / The right to hire, assign work or duties,
International Brotherhood of Teamsters retire, promote, layoff, recall, demote,
Local 100M, hereinafter referred to as the transfer, discharge, suspend or otherwise
"Union". discipline for just cause employees who
have completed their probationary
period, to maintain order, discipline,
ARTICLE 1: RECOGNITION efficiency, to determine complement and
the number of employees required from
(101) The Employer hereby recognizes time to time, to schedule working hours,
the Union as the exclusive bargaining to extend, curtail or cease operations,
representative of Mailing Room and to establish and enforce rules,
employees employed in the Mailing regulations and policies governing the
Rooms of the Employer in its newspaper conduct of employees, is the exclusive
operation located at 1 Yonge Street, right of the Employer, subject to the
Toronto, and at the Vaughan Press terms and conditions of the Agreement.
Centre, other than Foremen, those above All matters concerning the operations of
the rank of Foreman, clerical staff and the Employer not specifically dealt with
any others designated as excluded from herein shall be reserved to the employer
membership in the Bargaining Unit as and be its exclusive responsibility.
described in the Union's Recognition
certificate issued by the Ontario Labour
Relations Board.
(102) The Employer further agrees that
the relocation of its existing Mailing Room
operations within the Province of Ontario
shall not detract from the bargaining
rights granted to the Union by the
certificate issued by the Ontario Labour
Relations Board for those persons
employed or to be employed by Toronto
Star Newspapers Limited in any other
Plant not referred to herein.
Page 1 of 851G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 3: JURISDICTION
(i) Additional work brought into
(301) All work performed on the the Mailing Room
premises of the Employer in its Mailing (ii) Mechanical breakdown and/or
Rooms at 1 Yonge Street, Toronto, and (iii) Lack of machine capacity or
Weston Road, Vaughan Township, shall capability.
be performed by members of the
Bargaining Unit, with the following (302) It is agreed that before hiring the
exceptions: employees of any other employer to
perform work in the Mailing Room, the
a) Repair of equipment assigned by the Employer will first provide the Union with
Employer either to employees an opportunity to supply manpower at
outside the Bargaining Unit or to an the appropriate straight time rates.
outside contractor.
b) Set up and maintenance of
computers or other electronic
devices.
c) Maintenance of equipment by
outside contractors.
d) Dispatch functions performed by
supervisory personnel prior to the
date of signing this Collective
Agreement.
e) Clerical functions performed for
supervisory personnel.
f) Work performed by employees not
members of the Bargaining Unit prior
to the date of signing, such as
occasional work performed by
supervisory personnel, work
performed by Circulation
Department employees relating to
correction of tapes or labels or other
similar functions which have been
performed by these employees in
the past, and the handling of
tearsheets by Postal and Messenger
Services staff.
g) Work performed by employees of
other employers to meet emergency
situations, which are defined as
being:
Page 2 of 85
2G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 4: UNION SECURITY & (405) The Company recognizes the
UNION REPRESENTATION rights of union stewards and officers
under the Ontario Labour Relations Act to
(401) Regular full-time and regular discharge their duties. It is to be
part-time employees in the Bargaining recognized that such union activities must
Unit who are members of the Union, or not undermine or inhibit the Company’s
who join after December 31, 1984, shall legitimate interests.
as a condition of continued employment,
be required to maintain their membership (406) A monthly Chapel meeting of 15
in the Union. minutes shall be allowed at a time
suitable to the Superintendent in
(402) All future regular full-time and consultation with the Chapel Chairperson.
regular part-time employees in the In workplaces where three (3) shifts
Bargaining Unit shall become members of overlap, one 15-minute Chapel meeting
the Union within 30 days from the date of each month shall be allowed during the
commencing employment and shall, as a working hours of 2 of the 3 shifts at a
condition of continued employment, be time suitable to the Superintendent in
required to maintain their membership in consultation with the Chapel Chairperson.
the Union. In workplaces composed of shifts which
do not overlap, two 15-minute periods
(403) Except as provided in Article 8 shall be allowed for conducting monthly
with reference to temporary employees, Chapel meetings under the same
all employees as defined herein shall be conditions. It is understood that such
subject to payroll deduction of Union meetings shall not interfere with
membership dues and/or assessments as production.
specified by the Union. Such dues and/or
assessments shall be remitted to the (407) The Employer agrees that, a Union
Union on a monthly basis and the representative who is employed by the
Employer shall, when remitting dues, give Employer and who has previously been
the names of employees from whose pay designated by the Union to the Employer
dues deductions have been made. It is as a Union representative may, with the
agreed that the monthly dues schedule prior consent of his/her Supervisor or the
shall be as stable as possible and in any Employer's designated representatives,
event no more than one (1) change in the be permitted to leave his or her regular
amount of the deduction every four (4) duties for a reasonable length of time for
months shall be required. the purpose of investigating and
adjusting grievances in accordance with
(404) Within 30 days after the day on the grievance procedure set out in Article
which a new employee commences work 7. Subject to acceptance of the need to
for the Employer, the office will notify the maintain production, consent for a Union
Chapel Chairperson of the name, address, representative to leave his/her regular
job classification and employment status duties for the purposes specified herein
of the new employee. shall not be unreasonably withheld.
Page 3 of 85
3G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
(408) The President or the Senior ARTICLE 5: MANAGEMENT
Executive of the Graphic Conference /
International Brotherhood of Teamsters (501) It is agreed that Foremen and
Local 100M agrees to meet with senior those above the rank of Foremen are
representatives of The Star at regular representatives of the Employer and have
intervals during the life of the Agreement full authority to exercise the rights of
to discuss resolution of problems, ways Management as defined in this Article.
and means of improving productivity, and
the establishment of principles which (502) During probationary and/or trial
should guide the parties in the resolution periods the Employer shall be the sole
of future differences. judge of competency and fitness to work
but any decisions made by the Employer
(409) The Employer agrees to provide a resulting from the exercise of such
bulletin board in the Mailing Room. It is judgment with regard to an employee
understood that such bulletin board shall who has successfully completed his/her
be used for official Union communications probationary period or who has
or announcements pertaining to social successfully completed a trial period may
activities, and it shall be the responsibility appropriately be made the subject of the
of the Union to ensure that such bulletin grievance procedure as set out in Article
board is kept in a neat and satisfactory 7.
condition.
(503) The Employer shall have the right
to hire, promote, layoff, recall, demote,
transfer, discharge or discipline for just
cause, to maintain order, discipline and
efficiency, and to establish and enforce
rules and regulations governing the
conduct of employees, subject to the
terms and conditions of this Agreement.
The limitation of discharge for just cause
and access to the grievance procedure
regarding his/her discharge shall not
apply to any employee during his/her
probationary period.
(504) All time covered by this
Agreement belongs to the Employer and
employees shall (temporarily or
permanently) perform any duties
pertaining to work in the Mailing Room,
provided such work appertains to the
operation of the Mailing Room.
(505) It is further agreed that all
matters concerning the operations of the
Employer not specifically dealt with
herein shall be reserved to the Employer
and be its exclusive responsibility.
Page 4 of 85
4G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 7: DISCIPLINE, GRIEVANCE,
(506) Management rights will not be DISPUTE RESOLUTION &
exercised in a manner inconsistent with ARBITRATION PROCESS
the terms and conditions of this
Agreement nor in a manner that is (701)
arbitrary, discriminatory or in bad faith. A. The parties agree that their interests
are best served by the speedy
resolution of issues in dispute. The
common goal of the parties is to
ARTICLE 6: NO STRIKE OR LOCKOUT promote dispute resolution, mutual
respect in the workplace, and good
(601) It is mutually understood and labour relations. To accomplish this,
agreed by and between the parties to this the Company, the Union and the
Agreement that the Employer will not employees will in every instance give
institute any lockout, nor will members of prompt attention to disputes and
the Union institute any strike or boycott, whenever possible, will endeavour to
or fail to report for work, or interfere with settle all differences at the level of
prompt and regular publication during the management closest to the employee
lifetime of this Agreement, as specified in concerned prior to filing a grievance
Section 43 of the Labour Relations Act of on the interpretation, application, or
Ontario. alleged violation or administration of
the collective agreement.
B. Both parties agree to make every
reasonable effort to present
grievances within 30 days following
the circumstances which gave rise to
the grievance, however, it is agreed
by the parties that a grievance which
is raised more than 90 calendar days
following the circumstances which
gave rise to the grievance shall be
considered untimely and may be
declared by either party as not
grievable.
C. Any dispute or disagreement,
including any question as to whether a
matter is arbitrable, that arises
between the parties hereto shall first
be raised by a union representative in
the department to the management
representative concerned.
Page 5 of 85
5G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
D. Grievances shall normally contain the J. Notice of the decision to proceed to a
following information: second step grievance committee shall
be given to the Director of Labour
• The names of affected employees; Relations or to his or her designate
• The time frame or date of the event within fourteen (14) calendar days of
giving rise to the grievance; the decision at first step. The meeting
• The nature of the grievance; shall be scheduled within fourteen (14)
• The remedy sought from the calendar days of the request.
company;
• Identification of the Article(s) allegedly K. Following the second step grievance
violated; committee meeting, the Company
• Any other information. shall provide a decision in writing to
the Union no later than seven (7)
E. It is understood that the information calendar days following the date of the
above is important to the success of meeting. The decision shall be in
the grievance procedure and where writing, provide the date of the
possible should be included. decision and the specific reasons why
the grievance is accepted or denied.
F. First step – A first step meeting shall
be scheduled within seven (7) days L. The union shall be entitled to file a
following the Union’s submission of grievance at the second step of the
the grievance. grievance procedure in the event of
termination of employment or another
G. When a grievance is presented by the urgent matter.
Union, the Union representative shall
meet with the departmental manager M. Time limits for the steps of the
or his/her designate and attempt to grievance and arbitration process
resolve the grievance. At the may be extended only by mutual
discretion of the union, the grievor agreement.
may or may not be in attendance at
this meeting. It is understood that the Company
may also file a grievance. In the
H. The manager has seven (7) calendar event of a company grievance, the
days from this meeting in which to grievance procedure shall apply as if
render a decision. The decision shall the Company is the grieving party
be in writing and shall provide the and the Union is the responding
date of the decision and the specific party.
reasons why the grievance is accepted
or denied. N. In an effort to promote cooperative
and speedy resolution of grievances
I. Second step – If a grievance is not the parties may, by mutual consent,
resolved at the first step of the elect to use mutually agreed upon
grievance process, it may be alternative dispute resolution methods
submitted to the second step including mediation or expedited
grievance committee for resolution. arbitration.
The grievance committee shall be
comprised of representation from each
party.
Page 6 of 85
6G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
O. The parties agree that these List of Arbitrators
alternative dispute resolution methods
shall be informal and the legalistic • W. Kaplan
processes normally used in • L. Davie
conventional dispute resolution shall • D. Harris
not be used. • J. Devlin
• R. Levinson
P. The Union agrees to advise the other • M. Tims
party in writing of its intention to • O. Shime
proceed with the grievance to • J. Johnston
arbitration within thirty (30) calendar • B. Kellar
days of the decision at the final stage • M. Nairn
of the grievance procedure or
alternative dispute resolution process. T. Where the parties agree to refer the
grievance to an arbitration board, the
Q. It is agreed that the right to arbitrate union and the company shall each
shall be restricted and limited to appoint a member of the board. The
issues pertaining to the application, two members of the board will then in
interpretation, administration or turn appoint a third person as
alleged violation of the collective chairperson. Should the two members
agreement. An arbitrator or arbitration of the board fail to appoint a
board shall have no authority in any chairperson within seven (7) calendar
way to alter, modify, amend or extend days of his/her appointment, the
the terms of this Collective Agreement matter may be referred to the Ministry
or the terms and conditions herein. of Labour on the request of either
party.
R. The parties agree that the grievance
may be referred to a single arbitrator U. The costs of the arbitration shall be
or an arbitration board for resolution shared equally between the Union and
and that the decision of the arbitrator the Company.
or the arbitration board shall be final
and binding upon the Company, the (702) It is agreed that written letters of
Union and any employee affected by warning and reprimand shall be removed
it. or deemed to be removed from an
employee’s personnel file 24 months from
S. Where the parties agree to refer the the date of issue. Records of
grievance to a single arbitrator, the suspension(s) shall be removed or
arbitrator will be selected in sequence deemed to be removed 30 months from
from the list below, by the parties the date of issue.
within seven (7) calendar days of the
notice of arbitration (subject to In the application of the above language,
availability). Both parties reserve his the time limit provisions will not apply
or her rights to expedited arbitration should further discipline be imposed
under Section 49 of the OLRA. The list within the above-referred time periods.
of arbitrators shall be reviewed and For added clarity, the disciplinary file will
agreed annually by the parties to the remain fully active in this instance for all
Collective Agreement. progressive discipline purposes.
Page 7 of 85
7G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
The foregoing will have no effect on the Employees on shifts of a minimum of 4
Employer’s right to rely on past conduct hours.
beyond these time limits to establish that
the employee knew or ought to have (802) It is agreed that the Employer
known the Company’s disciplinary shall have the discretionary right to offer
sanction(s) beyond what the specific extra shifts to regular part-time Mailroom
conduct would warrant without Operators (up to five straight-time shifts
consideration of the previous offence. per week including the shifts regularly
worked by the part-time employee)
before temporary employees or regular
full-time employees are assigned to such
ARTICLE 8: EMPLOYMENT shifts, except as may be provided
CATEGORIES AND JOB elsewhere in this Agreement. The
CLASSIFICATIONS Employer agrees to make every
reasonable effort to ensure that the
(801) Effective January 22, 2006, there opportunity for regular part-timers to
shall be one employment classification in work available extra shifts shall be
the Employer’s Mailing Room: Mailroom distributed in a fair and equitable
Operator. manner.
Within the limitation specified in Article (803) It is agreed that where,
10, regular full-time is defined as a determined in accordance with the
Mailroom Operator who is regularly conversion formula (set out below), a
required and scheduled to work the regular full-time Mailroom Operator
normal workweek as defined in Article 12. position (or positions) shall be created
and posted by the Employer.
A) For Employees Hired Before The conversion formula shall be based on
January 22, 2006 the number 1715, which is the notional
equivalent to the number of hours
Within the limitation specified in Article worked in a calendar year by a full-time
10, regular part-time is defined as a Mailroom Operator. That number shall be
Mailroom Operator who is regularly divided by 5 to equal the notional
required and scheduled to work 21 hours equivalent of the number of total annual
in the normal workweek as defined in hours a full time Mailroom Operator
Article 12. The Employer can schedule works each day on a five day work week:
such employees on the basis of one shift 343.
of 5 hours or more and shall schedule at
least two shifts or 7 hours or more. In January of each calendar year of the
Collective Agreement, the Employer will
B) For Employees Hired On Or After total the number of conversion hours
January 22, 2006 (defined below) for each day of the week
of the previous year by shift. That
Within the limitation specified in the number is divided by 343. Where the
Article 10, regular part-time is defined as resulting number is greater than 1 on at
a Mailroom Operator who is regularly least 5 days of the week, a regular full-
required and scheduled to work 10 hours time Mailroom Operator position will be
in the normal workweek as defined in created and where that number is greater
Article 12. Employer shall schedule such than 2 on at least 5 days of the week,
Page 8 of 85
8G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
two regular full-time Mailroom Operator (804) When the Employer intends to add
positions will be created, etcetera. a regular full-time position or positions
under circumstances other than those
For the purposes of this Clause, the hours which require the promotion of regular
of work to be counted as conversion part-timers as described in paragraph 3
hours are: above, the following provisions shall
apply:
(a) fifty (50) percent of all paid hours
worked by Employees in excess of i) a notice of vacancy shall be posted in
seven paid hours per day. the Employer's Mailing Room at the
Vaughan Press Centre for not less than
(b) paid hours of Employees hired on or five (5) calendar days.
after January 22, 2006that are six
hours or more in a day with a six ii) first consideration will be given to
hour shift being counted as seven regular part-time employees and the
hours and shifts longer than seven Employer will grant a trial period in the
hours counted as in (a) vacancy to one such part-time employee
who in its judgment is a suitable
(c) Shifts where Employees are paid for candidate based upon (but not limited to)
seven hours the criteria of competency, ability,
reliability, attendance, disciplinary record,
Specifically excluded from conversion potential and general fitness to perform
hours are: the work.
• shifts less than six (6) hours iii) a notice of vacancy shall be posted in
the Employer's Mailing Room at the
• shifts of Employees hired on or Vaughan Press Centre for not less than
before January 22, 2006 of less five (5) calendar days.
than seven (7) hours
iv) first consideration will be given to
• scheduled for the sole purpose of applicants from the Mailroom Operators
training holding regular positions and the
Employer will grant a trial period in the
• shifts worked to cover absence vacancy to one such applicant provided in
due to sickness or disability or as its judgment such applicant is a suitable
a personal request for time off or candidate for a trial period. If no suitable
approved leaves of absence candidate from the Mailroom Operator
classification applies then next
Such regular full-time positions shall be consideration shall be given to applicants
offered, in order of priority, to the regular
who have worked at least 50 shifts as
part-time Mailroom Operators who have Mailroom Operators in a temporary
the necessary skill, ability and employment capacity and that it will
qualifications to perform the full range of grant a trial period in the vacancy to one
duties of the position. The Employee such applicant provided in its judgment
named to fill the position shall be subject
such applicant is a suitable candidate for
to a trial period as specified in a trial period, failing which the Employer
Clause 807. shall select a candidate for a trial period
Page 9 of 85
9G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
from whatever source it deems negotiation and, failing agreement by the
appropriate. parties, to binding arbitration, but in the
event new classifications are introduced
All applications for vacancies must be in as a result of the introduction of bindery
writing and addressed to the equipment, it is agreed that rates for
Superintendent of the Mailing Room. such classifications shall be competitive
Applications must be received in the with those paid in commercial binderies in
appropriate Superintendent's office no the Toronto area.
later than seven (7) calendar days
following the date of the posting. It is understood and agreed that the
Employer shall have the right to introduce
(805) A temporary employee, either full- new classifications at rates set by the
time or part-time is defined as one hired Employer and that in the event such rates
to cover absence due to sickness, are changed by negotiation or arbitration,
disability, vacation, or leave of absence, the amended rates shall be made
or to meet additional work requirements. retroactive to the date of commencement
Temporary employees shall be exempt of work in the new classification.
from all of the terms and conditions of
this Agreement, except those pertaining Trial Period
to rates of pay, hours of work, and
overtime and they shall be entitled to a (807) In the event that:
minimum of two (2) shifts per week,
between the week in which June 1 falls a part-time employee seeks to claim a
and the week in which Labour Day falls. regular full-time position, the employee
Temporary employees shall be subject to shall be confirmed therein if he/she
payroll deduction of Union membership proves himself or herself suitable, able
dues on a proportionate basis and such and competent to perform the duties of
dues shall be remitted by the Employer to the position and satisfactorily completes
the Union monthly. The proportion shall the trial period as defined herein. At any
be based upon the ratio of hours worked time during a trial period and prior to
by the employee to the regular hours for confirmation in the position or
the same class of work under this classification, the employee may return to
Agreement worked by a regular his/her former position and classification
employee, but in no case shall the dues if he/she so desires or may be returned
deducted and remitted in respect of a thereto if the Employer determines that
temporary employee exceed those the employee is not performing the duties
payable by a regular full-time employee. of the position or classification to the
Employer's satisfaction or is not suitable,
(806) The following Mailing Room Job able or competent to perform such
Classifications are recognized: duties.
• Mailroom Operator An employee who engages in a trial
period and actually works in the position
Additional classifications may be created or classification sought for a period of
during the life of the Agreement as a service composed of a minimum of 65
result of the introduction of new normal shifts (determined in accordance
equipment or processes. Rates for such with Article 12) shall be confirmed in the
classifications shall be subject to position or classification. Such trial
Page 10 of 85
10G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
period may be extended or waived by ARTICLE 9: NEW HIRES AND
mutual agreement among the Employer, PROBATION
the employee and the Union. The Union
agrees that any extension of a trial period (901) All new employees hired to fill
of up to 65 normal shifts required by the regular positions, either full-time or part-
Employer as a result of the employee's time, shall be on probation for a period
absence from work during the trial period not to exceed one hundred (100) shifts
shall be granted automatically upon actually worked from date of hire.
notice in writing by the Employer.
The terms of the foregoing two (902) The Employer's right to discharge
paragraphs shall not apply to an an employee during the course of his/her
employee who works in a higher probation shall not be subject to the
classification for the purpose of covering grievance procedure.
an authorized leave of absence or
absence due to sickness. (903) Any pre-employment medical
examinations shall be at the discretion of
(808) It is understood and agreed that if the Employer in accordance with
a part-time employee, is, at any time Company policy and practice and shall
during the said trial period, found by the not be the subject of any grievance.
Employer not to be suitable, able or
competent to perform the duties of the
position or classification or not to be
performing such duties to the satisfaction
of the Employer he/she shall be returned
to his/her former position and
classification without loss of seniority or
priority.
(809) A temporary employee who wishes
to be considered for employment in a
regular position, either full-time or part-
time, may, solely at the discretion of the
Employer, be permitted a trial period in
accordance with and subject to the
limitations of the foregoing paragraphs
and may also be required to submit to a
medical examination performed by a
physician designated by the Employer
before being confirmed.
Page 11 of 85
11G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 10: REGULAR EMPLOYEES ARTICLE 11: SENIORITY AND
PRIORITY
(1001) As at April 24, 2005 the
Employer agreed that the staff
compliment was: (1101) For the purposes of this
Agreement, the parties recognize and
Vaughan Press Centre agree that "seniority" shall be defined in
Full-Time Part-Time terms of an employee's total length of
Mailers 103 38 continuous service as an employee of the
Preparation Clerk 1 - Employer and shall be the basis upon
Machine Inserters 22 33 which an employee's entitlement to
service-related benefits, such as
Effective January 22, 2006 the parties
vacations with pay but not vacation
agree to a single classification in the mail
scheduling, shall be determined in the
room (Mailroom Operator) and that the
absence of a specific provision to the
number of Mailroom Operators is subject
contrary.
to change in accordance with the
provisions of the Collective Agreement.
(1102) The parties further agree that,
It shall be at the discretion of the
for the purpose of this Agreement,
Employer as to whether or not such
"priority" shall be defined as the relative
employees shall be replaced if absent for
ranking of employees who are employed
any reason.
in the same job classification in the
Mailing Room and shall be determined on
(1002) The number of regular employee
the basis of the employees' length of
positions may be modified upwards or
service in their classification.
downwards at the Employer's discretion.
A reduction in the number of regular full-
(1103) Regular Full-Time Employees
time positions specified herein shall only
be made by attrition or upon ninety (90)
(i) The Priority of a regular full-time
days' notice. A reduction in the number
Mailroom Operator shall be determined
of regular part-time positions specified
solely on the basis of the Mailroom
herein shall only be made by attrition or
Operator’s service in the classification
upon thirty (30) days' notice. For the
following satisfactory completion of the
purposes of this Agreement, "attrition"
Employee’s probationary period.
shall be defined as the non-replacement
of employees who leave, quit, die, retire,
(ii) The priority of an employee employed
go on Long Term Disability, voluntarily
in any other classification, existing or
transfer or are discharged. Any reduction
introduced during the term of this
in the number of positions by attrition
Agreement, shall be determined solely on
shall be without notice.
the basis of his/her service in this
classification following satisfactory
Notwithstanding the above set out notice
completion of his/her probationary
periods, the Employer may at its
period.
discretion, provide pay in lieu of the 90 or
30 day notice periods (whichever is
In the event of a vacancy in a full-time
applicable) to affected employees. Such
situation covered by this Collective
pay in lieu of notice shall not negate the
Agreement, such vacancy shall be filled
requirement for discussion with the Union
on the basis of priority as defined herein,
as set out in Article 15.
so that the part-time employee with the
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12G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
greatest length of priority shall be (1106) In the event that two or more
awarded the position subject to the employees have the same priority date,
provisions of Article 8. continuous Mailing Room service shall be
the criterion applied in regard to all
(1104) Regular Part-Time Employees differentiations between employees in the
application of the terms of this
(i) The Priority of a regular part-time Agreement.
Mailroom Operator shall be determined
solely on the basis of the Mailroom (1107) Seniority and Priority Lists
Operator’s service in the classification
following satisfactory completion of the The Employer shall maintain separate
Employee’s probationary period. lists as to seniority and priority for all
classifications in the Mailing Room. (And
The priority of an employee employed in see Letter of Understanding regarding
any other classification, existing or Existing Staff).
introduced during the term of this
Agreement, shall be determined solely on
the basis of his/her service in this
classification following satisfactory
completion of his/her probationary
period.
(And see Letter of Understanding
regarding Existing Staff)
To establish priority part-time employees
must make themselves available to work
five (5) shifts per week.
(1105) Priority
Priority shall be the criterion applied in
regard to all differentiations between
employees in the application of the terms
of this Agreement which are not
specifically required to be made on some
other basis or which do not relate to an
employee's suitability, ability or
competence to perform the work of a
classification. In particular, and as
provided in this Agreement, an
employee's priority shall determine
his/her entitlement in regard to the
effects of any staff reduction, shift
selection and vacation scheduling.
(And see Letter of Understanding
regarding Existing Staff)
Page 13 of 85
13G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 12: HOURS OF WORK 6:00 p.m.; a night shift shall be defined
as being a shift the straight time hours of
(1201) Except as may be provided which start and end between 6:00 p.m.
elsewhere in this Agreement the normal and 6:00 a.m.; a lobster shift shall be
straight time workweek shall consist of 35 defined as a shift the straight time hours
hours per week made up of five (5) shifts of which start in the day shift hours and
of seven (7) working hours exclusive of a end in the night shift hours, or start in
meal period of 30 minutes as designated the night shift hours and end in the day
by the Employer. Employees shall be shift hours.
allowed a paid five (5) minute wash up
period immediately prior to the meal (1204) Individual starting times for
period. regular full-time employees on any given
shift shall be designated by the Employer
(1202) An employee shall be entitled to and posted. Such posted starting times
an unpaid lunch period at a time (not necessarily the same each day) will
designated by the Employer, which shall remain in effect for seven (7) consecutive
be posted at the start of the shift. The shifts.
lunch period shall be scheduled to
commence not earlier than two (2) hours Except as provided hereinafter, or as may
and not later than five (5) hours after the be agreed by mutual consent, a
employee's posted shift starting time. workweek for a regular full-time
The stated lunch period may be delayed employee shall consist of either five (5)
or advanced by thirty five (35) minutes. day shifts, five (5) first night shifts, or
Nothing in the foregoing precludes the five ( 5) second night shifts.
Employer from talking to the Union to
expand the 35 minutes where operational (1205) The number of employees
needs require a greater amount of time, assigned to any shift on a regular basis at
but no change would be made to the 35 any given time shall be at the discretion
minutes without mutual consent. of the Employer, but the assignment of
shifts to regular full-time employees shall
If, due to the necessity of maintaining be made on the basis of priority within
production continuity and if an employee the Mailing Room.
agrees to work through his/her lunch
period, the Employer will make every (1206) In the event of a change in the
effort to provide within the shift, a rotational day off schedule, the new
continuous thirty-minute lunch period as schedule shall be posted and shall take
close to the designated time as possible effect three (3) weeks following date of
or, if that is not possible and the posting.
employee works through a complete shift
without a lunch break, the Employer will (1207) Change in Shift
pay the employee an additional one-half
hour's pay at the appropriate overtime At least one week's notice (or less, by
rate. mutual consent) shall be given of any
change in shift from day to night or night
(1203) For Mailing Room employees, a to day, or from day or night to lobster or
day shift shall be defined as being a shift vice versa.
the straight time hours of which start and The Employer will endeavour to provide
end between the hours of 6:00 a.m. and relief periods when work requirements
Page 14 of 85
14G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
permit, but it is understood and agreed ARTICLE 13: OVERTIME
that relief periods shall be at the sole
discretion of the Employer. For Employees Hired Before
January 22, 2006
Subject to the operation or application of
any contrary or inconsistent provision of (1301) Overtime to regular shifts is
this Agreement, no employee may be defined as all time worked, which is
scheduled by the Employer to work more required and authorized by the Employer,
than one normal shift during a calendar in excess of the straight time hours of a
day and each employee shall be entitled shift and contiguous to that shift. Such
to at least one eight-hour interval overtime shall be paid for at the rate of
between scheduled shifts. These time-and-one-half of the regular hourly
limitations are not to apply in the event rate for the shift for the first 2 1/2 hours,
that an employee works extra shifts for and at double the regular hourly rate for
which he/she was not scheduled. the shift thereafter. Overtime shall not
change the status of a shift from what it
(1208) A Mailing Room employee who would have been had no overtime been
reports late and who is not sent home worked. If an employee works one hour
shall be paid only for time actually or more of post-shift overtime, he/she
worked and shall not be entitled to shall receive a meal period of 30 minutes
overtime pay until he/she shall have or pay in lieu thereof at overtime rates,
worked the normal straight time hours of provided that no such meal period shall
the shift unless the employee's be required or paid for unless the
Supervisor accepts the employee's reason employee in question shall have actually
for lateness as reasonable and specifically worked 60 minutes or more after the
agrees that pay at the overtime rate shall conclusion of the scheduled shift,
be paid. excluding all pre-shift and lunch period
overtime.
(1209) The Employer agrees that a
Mailing Room employee who reports late (1302) The Employer agrees to provide
but is ready and able to commence work as much notice as possible when post-
not more than one (1) hour after his/her shift overtime is to be worked and will
scheduled shift starting time shall be also provide employees its best estimate
permitted to work for the balance of that of the duration of such post-shift
scheduled shift. The Employer shall have overtime when advising employees of its
the option of requiring any employee who requirement.
reports late and is not ready and able to
commence work within one (1) hour of (1303) For the purposes of these
his/her scheduled shift starting time to provisions, time off work resulting from
work the balance of the shift, but shall be absence due to recognized holidays
under no obligation to allow such work or (including the birthday holiday) jury duty,
to make any payment to such employee witness duty, bereavement, and paternity
who is not required to work. day (all as provided for in this Collective
Agreement) and time off work to attend
(1210) Nothing herein shall preclude or Health and Safety Committee meetings or
limit the Employer's rights to discipline meetings with the Employer, and to
any employee for absenteeism or attend to official Union business shall be
lateness. treated as time worked in determining
Page 15 of 85
15G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
the shifts worked by an Employee. shall not be considered part of the call
Absence due to sickness, disability or back period.
“book-off” of any kind shall not constitute
time worked in determining the shifts (1308) Double shifts shall be paid on
worked by an Employee. the same basis as sixth shifts as
described in (c) above, except that a
(1304) An employee assigned to and double shift worked by a regular part-
actually working a full 6 shifts within a time employee as an extra shift in
work week shall be paid at the overtime accordance with the terms of Article 8
rates for the sixth shift worked. For shall be paid at straight time rates.
added clarity, actual shifts worked in this
case exclude sick days, vacations, (1309) The Employer shall compensate
recognized holidays and leaves of for all authorized overtime in quarter-
absence authorized by the Employer, hour units.
save and except union leaves for Toronto
business, including union training For Employees on or After
sessions, which shall be considered as January 22, 2006
time worked towards the sixth shift.
(1310) Overtime is defined as all time
(1305) Except as provided elsewhere in worked, which is required and authorized
this Agreement, all work that is by the Employer, in excess of 35 straight
performed between 12:01 a.m. and time hours per week. Such overtime
11:59 p.m. on Sundays shall be paid at shall be paid at the rate of time and one-
double the regular straight time hourly half of the regular hourly rate for each
rate. hour worked in excess of 35 straight time
hours per week. Breaks shall be given in
(1306) All work performed on accordance with the provisions of the
recognized holidays, or days celebrated Employment Standards Act.
as such, shall be paid for at double the
regular straight time hourly rate for the (1311) Clauses 1302, 1303, 1306 and
shift, in addition to the regular pay for 1309 shall apply to employees hired on or
the workweek. after January 22, 2006
(1307) A regular full-time employee
called back to work after he/she has
completed his/her regular shift's work
and has left the premises shall be paid for
a minimum of 4 hours. If an employee
works 2 1/2 hours or less, he/she shall
receive 4 hours pay at time-and-one-half
rates. If the employee works in excess of
2 1/2 hours he/she shall be paid at the
rate of time-and-one-half for the first 2
1/2 hours and double time thereafter, but
in no event shall he/she receive less than
4 hours pay at time-and-one-half rates.
Time travelling to and from the office
Page 16 of 85
16G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
ARTICLE 14: WAGE RATES In addition to the above wage rate
increases, eligible employees will
(See Letter Outside the Collective participate in the “Profit Share Plan for
Agreement re Wage Rates for detailed Unionized Employees of The Toronto
information) Star” (“The Plan”). The Plan, attached as
Appendix “A” shall remain in effect for the
(1401) MAILROOM OPERATORS duration of the Collective Agreement.
I: For Employees Hired Before Employees assigned and performing lead
January 22, 2006 hand duties as shall be paid a differential
of 10.00 per shift worked to a maximum
of $50.00 per straight time workweek.
Effective January 1, 2005
Effective the first day of the first full week
Day Shift $1,117.72 per week following date of signing of this
Agreement, employees assigned and
Night or Lobster performing lead hand duties and assigned
Shift $1,167.72 per week* as machine set-up persons shall be paid a
differential of $16.00 per shift worked to
a maximum of $80.00 per straight time
Effective January 1, 2006 workweek.
Day Shift $1,145.66 per week MAILROOM OPERATOR
Night or Lobster Effective January 1, 2005
Shift $1,195.66 per week* Starting Rate $ 21.20 per hour
Fully Experienced Rate
(after 65 shifts worked) $ 23.55 per hour
Effective January 1, 2007
Effective January 1, 2006
Starting Rate $ 21.73 per hour
Day Shift $ per week Fully Experienced Rate
(after 65 shifts worked) $ 24.14 per hour
Night or Lobster
Shift $ per week* Effective January 1, 2007
Starting Rate $ per hour
*Includes shift differential of $10.00 per Fully Experienced Rate
shift, five shifts, 35 hours per week. (after 65 shifts worked) $ per hour
Operators shall be eligible for a night shift
differential of 10.00 per shift, and a
lobster shift differential of $10.00 per
shift. Mailroom Operators assigned as
shall be paid a differential of $8.00 per
shift worked to a maximum of $40.00 per
straight time workweek.
Page 17 of 85
17G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
II: For Employees Hired On or After ARTICLE 15: REDUCTION IN
January 22, 2006 WORKFORCE
Mailroom Operators shall be paid in (1501) Any reduction in workforce shall
accordance with the Mailroom Operator be made by attrition or in accordance
Grid: with the notice provisions specified in
Article 10. In the event of a staff
Date of Hire $13.50 reduction in any job classification other
than by attrition, dismissals shall be
After 900 Hours $13.90 made in inverse order of priority.
After 1,800 Hours $14.30
(And see Letter of Understanding
After 2,700 Hours $14.70
Regarding Existing Staff)
After 3,600 Hours $15.20
After 4,500 Hours $15.50 (1502) Dismissal Pay
Upon dismissal to reduce staff, an
*An hour is a paid hour for time actually
employee shall receive dismissal pay in a
worked by an employee regardless of the
lump sum equal to one week's pay for
rate paid for the hour worked.
every five months of continuous service
In addition to the above wage rate or major fraction thereof with the
increases, eligible employees will employer, to a maximum of 52 weeks'
participate in the “Profit Sharing Plan for pay. One week's pay shall be defined as
Unionized Employees of the Toronto Star” straight time pay for a normal workweek
(the “Plan”). The Plan, attached as based on day shift rates.
Appendix A, shall remain in effect for the A regular full-time employee named to be
duration of the Collective Agreement. dismissed as a result of a reduction in
staff may, as an alternative to accepting
Employees assigned and performing lead dismissal pay as provided hereinbefore.
hand duties as shall be paid a differential
of 10.00 per shift worked to a maximum Revert to part-time employment if part-
of $50.00 per straight time workweek. time employment is available within the
job classification concerned and in that
Employees assigned and performing lead event such employee shall retain his/her
hand duties and assigned as machine set- established full-time priority date and
up persons shall be paid a differential of such priority date shall establish the
$16.00 per shift worked to a maximum of employee's priority on the part-time
$80.00 per straight time workweek. priority list, in which event the regular
part-time employee with least priority
(1402) Effective January 1, 2008, the shall be dismissed and shall receive
Company, at its sole and exclusive dismissal pay in accordance with the
discretion, may elect to pay wages bi- provisions of this Article, or
weekly in cash or by cheque or by bank
deposit or by any other mutually agreed (1503) Recall Rights
method.
Notwithstanding the provisions of Article
8, effective January 1, 1992, when,
following a staff reduction or reductions
Page 18 of 85
18G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
pursuant to Article 15, the Employer time employee elects to receive dismissal
intends to add regular full- time positions pay, the part-time employee shall be
in job classifications from which deemed to have waived any recall rights.
employees were dismissed, any such If the part-time employee elects to be
employees who claimed a position placed on the part-time employees’ recall
pursuant to clause 1502 hereof shall be list, in the event the employer intends to
offered reinstatement to their former add regular, part-time employees in job
positions in order of priority to the extent classifications from which part-time
required to fill the number of positions employees were dismissed, part-time
called for by the Employer and all such employees on the part-time employees’
employees shall be reinstated to their recall list shall be offered such positions
former job classifications before any new in order of priority and so long as the
employees may be hired or other existing part-time employee next in priority has
employees promoted to fill such the skills and ability to do the work
positions. In the event of such required in the job classification. If a
reinstatement, the reinstated employee part-time employee on the part-time
shall retain his/her priority date and such employees’ recall list is not recalled to a
priority date shall establish the job classification within one year from the
employee's priority on the relevant full- date of dismissal, the part-time employee
time priority list. An employee who shall receive the part-time employee’s
claims a job pursuant to (1502) or a dismissal pay set out in this Article. At
reinstated employee shall not be required the time, the part-time employee’s name
to go through an additional trial period. shall be removed from the part-time
employees’ recall list and the part-time
(1504) A regular full-time employee employee shall have no further recall
having opted for available regular part- rights. In addition, at any time during the
time employment in lieu of accepting one year period from the date of
dismissal pay shall, if subsequently dismissal, a part-time employee can elect
terminated as a result of a staff to receive the part-time employee’s
reduction, be eligible to receive at that dismissal pay. In such instance, the part-
time the dismissal pay to which he/she time employee’s name shall be removed
would have been eligible under the from the part-time employees’ recall list
original staff reduction termination plus and the part-time employee shall be
whatever further dismissal pay such deemed to have waived any further recall
employee may have earned by virtue of rights.
part-time service to a maximum of 52
weeks' pay plus a once in a lifetime lump Staff Reduction Due to Technological
sum payment equal to two (2) weeks at Change
the basic day shift rate in effect
immediately prior to date of termination. (1506) In the event a staff reduction is
brought about as a result of the
(1505) In the event of a dismissal to introduction of new technology, a regular
reduce staff, an affected part-time full-time employee may, as an alternative
employee has the option of accepting to dismissal pay, or as an alternative to
dismissal pay, as set out in this Article, or claiming employment as a part-time
electing to be placed on a recall list for a employee, elect enrollment in a
maximum period of one year from the recognized educational establishment
date of dismissal. In the event a part- with a view to retraining.
Page 19 of 85
19G.C.C./I.B.T, Local 100M Mailing Room C.A. 2005-2011
(1507) If an employee elects enrollment (1508) During the life of this Agreement
in a recognized educational establishment every effort will be made in co-operation
with a view to retraining, the Employer with the Union for the relocation of the
will establish a retraining allowance fund personnel involved within the Union's
through a chartered bank or trust jurisdiction who are affected by a staff
company, and such fund will provide the reduction resulting from the introduction
employee with an amount of money equal of new technology.
to 65% of the straight time weekly day
rate in effect at the time of his/her (1509) The Employer agrees to discuss
termination for a period of up to three (3) with the Union the possibility of voluntary
years, payable monthly. Programs retirement of personnel within the Union's
qualifying for the retraining allowance jurisdiction in order to reduce the impact
specified herein must be recognized by of any layoffs, and to discuss any other
the Canada Manpower Department or by alternative means of reducing the impact
a properly qualified educational authority of such layoffs, including the introduction
and must be designed to qualify the of a reduced workweek. It is understood
applicant for gainful employment in some that pressure will not be exerted on any
field other than pressroom, individual with regard to voluntary
paperhandling, platemaking or Mailing retirement.
Room work. If, because of special
circumstances, recognition as described Reduction in Workforce
above cannot be achieved for a specific
program, then such a program may be (1510) For the purpose of this Article a
reviewed by both parties to this reduction in workforce is defined as a
Agreement and may be deemed to qualify reduction in the number of regular full-
for participation by consent of both time or part-time positions brought about
parties. through termination of employment, but
not as a result of transfer, retirement,
An employee electing this option must resignation, disability, death or discharge
maintain a record of satisfactory for just and sufficient cause.
attendance to qualify for a continuation of
compensation. Where it is established (1511) Severance pay at the rate of one
that a trainee has dropped out of a week's wages for each six (6) months of
program, compensation may be continuous service (or major fraction
discontinued and no further obligation of thereof) with the Employer, with a
any kind shall be deemed to exist toward maximum of fifty-two (52) weeks' wages,
such a person by Toronto Star shall be paid on loss of position caused
Newspapers Limited or any agent acting through permanent suspension of
on its behalf. publication or plant closure. Severance
pay shall not apply in the case of an
An employee electing this option shall employee who does not lose employment
cease to be an employee upon his/her through suspension of publication due to
enrollment in such program. merger or plant closure.
Page 20 of 85
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