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COLLECTIVE AGREEMENT Between COMMUNICATIONS, ENERGY

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COLLECTIVE AGREEMENT Between COMMUNICATIONS, ENERGY COLLECTIVE AGREEMENT between COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA LOCAL 6 and NORTHERNTEL LIMITED PARTNERSHIP Effective August 22, 2011 to February 28, 2014 04016 (09) TABLE OF CONTENTS ARTICLE PAGE INTRODUCTION..................................................................................................................... 4 ARTICLE 1 - RECOGNITION AND SCOPE........................................................................... 5 ARTICLE 2 - NO DISCRIMINATION ...................................................................................... 5 ARTICLE 3 - DEDUCTION FOR UNION DUES & HUMANITY FUND .................................. 6 ARTICLE 4 - RESERVATION OF MANAGEMENT RIGHTS................................................. 8 ARTICLE 5 - UNION REPRESENTATION............................................................................. 8 ARTICLE 6 - DUTIES OF STEWARDS.................................................................................. 8 ARTICLE 7 – COMPENSATION OF STEWARDS................................................................. 9 ARTICLE 8 - GRIEVANCE PROCEDURE ............................................................................. 9 ARTICLE 9 - DISCIPLINE .................................................................................................... 11 ARTICLE 10 - STRIKES AND LOCKOUTS......................................................................... 12 ARTICLE 11 - SENIORITY................................................................................................... 13 ARTICLE 12 – FORCE ADJUSTMENT ............................................................................... 15 ARTICLE 13 – TECHNOLOGICAL CHANGE...................................................................... 22 ARTICLE 14 – JOB POSTING PROCEDURES................................................................... 24 ARTICLE 15 - PERMANENT TRANSFERS......................................................................... 27 ARTICLE 16 - TEMPORARY TRANSFERS ........................................................................ 28 ARTICLE 17 - TRAVEL TIME .............................................................................................. 32 ARTICLE 18 - TRAINING ..................................................................................................... 32 ARTICLE 19 - SAFETY AND HEALTH................................................................................ 33 ARTICLE 20 – MEDICAL EXAMINATIONS......................................................................... 34 ARTICLE 21 - LEAVE OF ABSENCE.................................................................................. 35 ARTICLE 22 - BEREAVEMENT PAY .................................................................................. 39 ARTICLE 23 - WITNESS AND JURY PAY .......................................................................... 40 2 ARTICLE 24 - COMMUNICATIONS..................................................................................... 40 ARTICLE 25 - ANNUAL VACATIONS AND COMPANY HOLIDAYS ................................. 41 ARTICLE 26 – SICKNESS AND ABSENCE........................................................................ 45 ARTICLE 27 – SOCIAL WELFARE PROVISIONS.............................................................. 46 ARTICLE 28 - WAGE ADMINISTRATION ........................................................................... 48 ARTICLE 29 - HOURS OF WORK – PLANT ....................................................................... 51 ARTICLE 30 - HOURS OF WORK - CLERICAL.................................................................. 57 ARTICLE 31 - REGULAR PART-TIME EMPLOYEES......................................................... 62 ARTICLE 32 – TEMPORARY EMPLOYEES ....................................................................... 65 ARTICLE 33 - APPENDICES ............................................................................................... 67 ARTICLE 34 - EMPLOYMENT EQUITY............................................................................... 67 ARTICLE 35– DEFINITIONS................................................................................................ 68 ARTICLE 36 – MISCELLANEOUS ...................................................................................... 68 ARTICLE 37 - DURATION ................................................................................................... 70 APPENDIX "A" PLANT JOB CLASSIFICATIONS............................................................. 71 APPENDIX "B" HOURLY WAGE RATES .......................................................................... 72 APPENDIX "C" CLERICAL JOB CLASSIFICATIONS....................................................... 73 APPENDIX "D" PLANT & CLERICAL WEEKLY WAGE RATES ...................................... 75 APPENDIX "E" INFORMATION TO THE UNION............................................................... 78 APPENDIX "F" RATES OF PAY FOR NEW EMPLOYEES HIRED AFTER SIGNING OF NEW CLA ....................................................................................................................... 79 TABLE OF CONTENTS – LETTERS OF AGREEMENT ..................................................... 80 3 INTRODUCTION The Communications, Energy and Paperworkers Union of Canada and NorthernTel Limited Partnership agree that our future will be influenced by our ability to provide customer service. VISION To be the preferred supplier of high value multi-media solutions in Northern Ontario for customer advantage and enjoyment. 4 ARTICLE 1 - RECOGNITION AND SCOPE 1.01 The parties agree that the Union is established as the sole and exclusive collective bargaining agent for the employees of the Company employed or based in the Province of Ontario, by order of the Canada Labour Relations Board dated March 30th, 1973. 1.02 This Agreement shall apply to all employees of the Company, except those excluded by law, save and except assistant supervisor, supervisors, and those above the rank of assistant supervisor and persons working in an agency office, that is, an office operated by a third party under contract with the Company, secretaries of: Officers of the Company, Departmental Directors, the Manager - Human Resources and any other similar classification which may hereafter be established, and any other classification excluded by the Canada Labour Relations Board. The use in this Agreement of the words "supervisor, immediate supervisor, etc.", include all Management Representatives. 1.03 All provisions applying to regular part-time workers are contained in Article 31 of this Agreement. No other provisions of this Collective Agreement apply to regular part-time workers. All provisions applying to temporary workers are contained in Article 32 of this Agreement. No other provisions of this Collective Agreement apply to temporary workers. 1.04 It is the Company's intention to use its own employees to perform bargaining unit work whenever possible and practical. The Union shall be consulted prior to the engagement of a contractor to perform bargaining unit work. 1.05 Management employees will not normally perform bargaining unit duties. ARTICLE 2 - NO DISCRIMINATION 2.01 The Company agrees not to discriminate against any employee or group of employees because of their membership in or activity as herein authorized on behalf of the Union. 5 2.02 The Union agrees that employees are to be free to join or retain their membership in the Union, or not to join or retain their membership in the Union. 2.03 The Company agrees that permission for the National Representative of the Union responsible for the membership covered by this Agreement to enter the Company's premises will not be unreasonably withheld. 2.04 There shall be no unlawful discrimination against any employee for any reason by either the Company or the Union. The Parties also agree that no employee should be subject to sexual harassment. 2.05 The use in this Agreement of the masculine or feminine gender shall be construed as including both males and females and not as a specific sex designation. 2.06 The Company and the Union agree to abide by all aspects of the Canadian Human Rights Act. ARTICLE 3 - DEDUCTION FOR UNION DUES & HUMANITY FUND Union Dues 3.01 The Company will, during the life of this Agreement, deduct from the balance remaining, after all compulsory deductions and other deductions authorized by the employee are made, from the wages payable to the employee, the regular monthly Union dues. All employees (including probationary employees) shall, as a condition of employment, be deducted the regular monthly Union dues. The Secretary/Treasurer of the Union will advise the Company in writing as to the amount of such dues and of any changes in the amount as may from time to time occur. The Company will not be subject to deducting initiation fees, insurance premiums, or special levies. 3.02 The deduction of Union dues shall become effective as of date of hire. 3.03 As soon as possible after the deduction of Union dues, the Company will remit to the Communications, Energy and Paperworkers Union of Canada by cheque, the amount so deducted together with a list showing the amount deducted from the wages of each employee. 3.04 The Company will supply the Local Treasurer and the Union monthly with a list indicating all persons added to or removed from the bargaining unit. Such list will show the location of the above changes. 6 The Union agrees that the Company will not be held liable
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