COMMUNICATIONS, COMMUNICATIONS,

July July

14, 14,

20 20

I I

0 0

to to

SOUTHERN SOUTHERN

ENERGY ENERGY

November November

A A

Division Division

THE THE

COLLECTIVE COLLECTIVE

AND AND

BRANTFORD BRANTFORD

30, 30,

ONTARIO ONTARIO

of of

PAPER PAPER

2012 2012

Osprey Osprey

BETWEEN BETWEEN

Effective: Effective:

AND AND

-

WORKERS WORKERS

Reader Reader

Media Media

AGREEMENT AGREEMENT

NEWSMEDIA NEWSMEDIA

EXPOSITOR, EXPOSITOR,

Publishing Publishing

Sales Sales

UNION UNION

and and

GUILD GUILD

Service Service

OF OF

Inc. Inc.

CANADA CANADA

& &

Mailroom Mailroom

LOCAL LOCAL 87-M, 87-M, INDEX Page

Article I Recognition and Coverage 3 Article II Management Rights 3 Article II-A Personnel File 4 Article III Hiring 4 Article IV Grievance Procedure 4 Article V Arbitration 6 Article VI Security 7 Article VI-A Severance Pay 9 Article VII Hours of Work and Overtime 10 Article VIII Holidays 11 Article IX Vacations 12 Article X Sick Leave 13 Article XI Leaves of Absence 13 Article XII Minimum Salaries and Salary Conditions 14 Article XIII Expenses and Equipment!V ehicle Insurance 16 Article XIV Employee Benefits 16 Article XV Health and Safety 17 Article XVI Miscellaneous 17 Article XVII Union Security 19 Article XVIII Duration and Renewal 19

Side Letters [ Reader Sales and Service & Mailroom ] Re:

1. Retirement 21 2. Holidays 21 3. Miscellaneous 21 4. Grievance Procedure 22 5. Adoption Leave 22 6. Mileage Rate 22 7. Transfers Into The Unit 22 8. Contracting Out/Transfers 23 9. Sexual Harassment 23 10. Part-Time Seniority 23 11. Post Age 65 Benefits 24 12. STD Plan I Casual Absenteeism 24 13. Mailroom Language Deletions 24 14. Retiree Benefits 25

2

2.01 2.01

ARTICLE ARTICLE bargaining bargaining

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1.03 1.03

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1.02 1.02

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IV-GRIEVANCE IV-GRIEVANCE

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5 ARTICLE V -ARBITRATION 5.01 When either party requests that any matter be submitted to arbitration as hereinafter provided, it shall make such request in writing addressed to the other party to this Agreement. Grievances shall be submitted to a single arbitrator, unless one of the parties requests in writing that it be heard by an arbitration board of three members, in which case the other party shall comply. A request for an arbitration board shall be made no later than ten (10) days after the original request for arbitration.

5.02 Single Arbitrator The parties shall attempt to agree on an arbitrator. If the parties cannot agree, the arbitrator shall be appointed by the Ontario Minister of Labour.

Arbitration Board The party requesting an arbitration board shall name its appointee to the arbitration board in its written request for an arbitration board. The other party shall advise the first party of the name of its appointee within five (5) days of receipt of the request. The two appointees shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the two (2) appointees fail to agree upon a Chairperson within that time limit, the appointment shall be made by the Ontario Minister of Labour upon the request of either party.

5.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

5.04 No matter may be submitted to arbitration which has not been properly carried through the required steps of the grievance procedure.

5.05 The single arbitrator or arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

5.06 The arbitration proceedings will be expedited by the parties hereto, and the decisions of the single arbitrator, or the majority in the case of an arbitration board, will be final and binding upon the parties hereto and the employee or employees concerned.

5.07 Each of the parties hereto will bear the expenses of the appointee representing it, and the parties will jointly bear the expenses of the single arbitrator or Chairperson of the arbitration board and other jointly incurred expenses of the arbitration board, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent.

5.08 Where a time limit is established in this Article, such time limit shall be deemed to be exclusive of Saturdays, Sundays and Statutory Holidays. It is understood that, if necessary, these time limits may be extended by mutual consent to assist in reaching an amicable settlement.

6 ARTICLE VI - SECURITY 6.01(a) There shall be no discipline or discharge except for just cause.

Just cause shall include a continuing deterioration in sales in the area for which an employee is responsible. Just cause shall not include factors outside the employee's control which adversely affect sales in their area.

In the event that an employee is to be formally disciplined, he may request that a union representative be present. The absence of a union representative, if attempts have been made to ensure the attendance of a union representative, does not nullify discipline or any action taken at the meeting. It is understood, however, that a union representative shall be present when an employee is discharged and a copy of any formal discipline shall be given to the union.

6.01(b)The Employer may dismiss a probationary employee (less than three (3) months service) for any reason, provided such dismissal is not otherwise arbitrary, discriminatory or in bad faith.

6.02 A claim by an employee that he or she has been disciplined or discharged in violation of this Agreement shall be treated as a grievance if a written statement of such grievance is lodged with the Publisher or his/her representative within ten (10) working days after the employee is disciplined or ceases to work for the Employer. Step 1 of the grievance procedure will be omitted in any such cases.

6.03 There shall be no dismissals as a result of putting this Agreement into effect.

6.04 Every person has a right to equal treatment with respect to employment without discrimination because of age, sex, race, colour, ancestry, place of origin, ethnic origin, citizenship, creed, marital status, family status, sexual orientation, handicap, or record of offenses, as defined and interpreted under the Ontario Human Rights Code, nor because of political beliefs or lawful Union activity. The Employer and the Union recognize the right of all employees to work in an environment free from sexual and other types of harassment.

6.05 Not less than two (2) weeks' notice shall be given to an employee and to the Union upon being released from employment by the Employer, except in the case of dismissal for gross misconduct, in which case no notice need be given.

6.06 Whenever the Employer decides that it is necessary to reduce staff, employees will be laid off within each classification in each department on the basis of reverse order of their total length of service with the Employer since last hired. An employee in a classification to be reduced may elect to transfer within the employee's department to a lower classification or another classification in the same wage group provided that he is qualified for the work required, and provided that his total service with the Employer exceeds that of another employee in the other classification who will then become the employee to be laid off. It is understood that, in the application of the above, the employee(s) initially affected must make their election to transfer (or otherwise) within 15 days of the notification of the layoff. In any event, the complete bumping process must take place within 30 days.

7

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Employer. Employer.

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hours hours

laid laid

from from

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for for

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was was

recalled recalled

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to to

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work. work.

or or

off off

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or or

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be be

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willing willing

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of of 8 8 When a new system of production is introduced, Union members actively at work who do not wish to retrain or are unable to retrain will be able to sever their employment with The Expositor, such severance to be accompanied by payment in accordance with the terms set out in Article VI-A of this agreement. The severance option may be exercised by the employee when either the employee need not be replaced; or an employee is approached for retraining and does not wish to retrain; or an employee becomes unable to retrain or fails to complete his/her retraining to a normal level of competence; or an employee becomes redundant.

The Employer will notify the Union of any new job classifications that are proposed to be created as a result of the introduction of new or modified equipment or processes, or when a new system of production is introduced, and will negotiate the appropriate rate for any such new classifications within 14 days. If agreement on rates is not reached within 14 days the matter will be subject to the normal grievance procedure. The 14 day limit may be extended by mutual consent of the Employer and the Union.

6.09 The Employer shall not establish unreasonable standards of speed or accuracy for such new or modified equipment or processes, or when a new system of production is introduced.

6.10 The union reserves to its members the right to refuse to deal with material received from or destined to an unfair Employer, or from or for an office, shop or factory where a legal strike or lockout is in effect and has been sanctioned by the Union. The union will give the Employer twelve (12) hours notice of its intention of invoking the struck work clause of this Agreement.

6.11 An employee shall lose all seniority rights and employment in the event that: (a) the employee quits (b) the employee is discharged for just cause; and such discharge is not reversed through the grievance or arbitration procedure. (c) the employee has been laid off for a period exceeding the applicable recall period. (d) the employee fails to report for work within fourteen (14) days after notification of recall to work following layoff. (e) the employee fails to report for work after an authorized leave of absence without providing a reasonable explanation satisfactory to the employer. (f) the employee has been absent without permission or proper notification for three working days and has not provided a reasonable explanation satisfactory to the employer (g) the employee retires.

ARTICLE VI-A- SEVERANCE PAY Upon termination of employment, except for retirement, resignation, death, or in the case of consistent negligence in the performing of assigned duties, or gross misconduct, or self-provoked dismissal for the purpose of collecting severance pay, or termination of employment for failure to maintain membership in the Union in good standing, an employee shall receive severance pay at the rate of one (1) week's salary for each six (6) months of service with the Employer, or major fraction thereof, to a maximum of thirty-eight (38) weeks' salary.

9

to to

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7.06 7.06

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ARTICLE ARTICLE

7.01 7.01

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Saturday Saturday

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District District

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regularly regularly

Tuesday Tuesday

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one-half one-half

a.m. a.m.

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falling falling

the the

of of

times times

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after after

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in in

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a.m. a.m. 10 10 7.07 Employees shall have the option oftaking their compensation for overtime or work on a day off in time off equivalent to the pay they are entitled to. Such time off will be taken by mutual consent within 60 days of the employee choosing time off.

ARTICLE VIII -HOLIDAYS 8.01 The Employer agrees to observe the following holidays without loss of regular pay to the employees, provided they occur or are officially observed on a regular scheduled working day of the employee. New Year's Day, Good Friday, Victoria Day, Canada Day, August Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and Family Day (or days celebrated as such).

8.02 In order to qualify for holiday pay, the employee must work the regular working day both immediately preceding and immediately following the holiday concerned, except where the employee is receiving Worker's Compensation or is absent due to certified illness (in which case the employee will not receive more than his regular day's pay as between Worker's Compensation or Sick Benefit and the application of this article) and any other reason satisfactory to the Employer.

8.03 In a week which includes a statutory holiday, employees will receive five (5) days' pay for four (4) days' work (except for any employee who regularly works a six (6) day week, who receives six (6) days' pay for five (5) days worked).

If the holiday falls on an employee's day off, he shall be given a day off with pay within 60 days, or a day's pay in lieu. An employee working on a statutory holiday shall be paid time and one­ half (1 Ylx) for all hours worked, in addition to the regular pay for the statutory holiday. It is understood this is full payment for the holiday and the employee is not entitled to a day in lieu. Overtime worked on a Statutory Holiday shall be paid at double time (2x) for all overtime hours worked.

An employee shall receive compensation for statutory holiday work in either cash or equivalent time off, at the employee's option. Days off are to be taken at a time mutually agreed between the employee and the Employer.

8.04 Each employee shall receive an accumulated total of seven and one-half(7.5) hours per year with pay, to be taken at a mutually agreeable time or times. It is agreed such seven and one­ half (7 .5) accumulated hours period may be split. New employees with less than one (1) year's service will be given time off on the basis of two (2) hours for each three (3) month's service, with the total time off not to exceed seven and one-half(7.5) hours per year. Employees terminating during the year will be given time off, or payment thereof, on the same pro-rated basis. These hours are to be taken during the calendar year to which they apply.

8.05 Work on a statutory holiday shall be offered to employees within each classification in rotation on the basis of highest seniority. Should no one wish to work the statutory holiday, the Employer shall assign the holiday work in rotation on the basis of lowest seniority.

11 ARTICLE

Twenty-five 9.01

with Three Length the privilege receive Entitlement granted accordingly vacation mutual Fourteen Employees death, period period, calendar considered are One vacation by of

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Employees employee Employer premium agrees The classification. coverage, lot the regular incurred based sum applicable discharge ARTICLE ARTICLE quotations shift five (minimum will

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the Employer within prior

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16 in place until Flex Media is implemented. The terms and conditions of the new benefits plan, including coverage of benefits, shall be no less than those described and disclosed to the union during negotiations.

The parties agree to cost protection as described in the memo from Chris Krygiel to Howard Law dated April29, 2010, with attachments.

Part-time employees will continue to be covered under the prior benefit program (as outlined in the collective agreement having an expiry date ofNovember 30, 2009) if they so qualify.

If, during the term of this collective agreement, a new benefit plan is introduced for all part-time employees of Sun Media, then that plan will be applicable to all part-time employees covered by this collective agreement and these employees will participate in such plan with the union's consent, which shall not be unreasonably withheld.

ARTICLE XV- HEALTH AND SAFETY

15.01 The Employer recognizes the need for breaks away from VDTs and will allow for them. It is expected that employees will exercise responsible judgment in taking breaks, as is the present practice.

15.02 The Employer shall make every reasonable effort to supply employees with adjustable chairs, desks and tables for use with VDTs.

15.03 A pregnant employee shall have the right to transfer to non-VDT work during the term of her pregnancy providing there is a staff vacancy at the time, and she is qualified to fill the position, and will continue to receive the regular rate of pay in her classification. If no alternate work exists for which the employee is suitable, she shall be given the option of maternity leave. During the term of such leave the Employer and the employee will continue to pay their normal premiums for all benefit plans. Accumulation of vacation credits shall continue during the period of leave.

15.04 Every reasonable effort shall be made to maintain proper ventilation in the workplace.

15.05 Reader Sales and Service employees shall not be required to transport more carriers than the number considered safe under Ontario Law.

15.06 When the Employer conducts an official investigation following a workplace accident, a union representative on the joint Health and Safety committee shall be invited to attend.

ARTICLE XVI - MISCELLANEOUS 16.01 Bulletin Boards: The main bulletin board and the bulletin boards in each of the departments where employees are represented by the Union may be used by the Union solely for the purpose of posting notices of Union business. Other matters may be posted by the Union upon mutual consent between the Union and the Employer.

17 16.02 Transfer clause: (a) An employee of the Employer shall not be transferred to another city, to another Osprey Media LP newspaper or to any other division of Osprey Media LP without his consent. If he accepts such a transfer, all transportation and other moving expenses will be paid by the Employer. If he declines, he shall not be penalized nor precluded from further transfer opportunities.

(b) No employee shall be transferred except for just cause to another position or job classification in his or another department without the employee's consent, providing such consent is not unreasonably withheld. There shall be no reduction in salary or impairment of other benefits as a result of such job transfer. This provision does not apply to temporary transfers to cover vacations, leaves of absence, sickness or other such occasions. The Employer shall provide the Union and the employee, wherever possible, with one month's notice of changes in territories.

16.03 Part-time and Temporary Employees (a) A part-time employee is one who is engaged to work regularly twenty-four (24) hours or less a week.

(b) i: A temporary employee is one who is engaged for a special project or for a specified time, in either case not to exceed six (6) months in a calendar year. ii: A temporary employee may also be used to replace an employee on maternity leave, parental leave, short term disability, long term disability, or any other approved leave of absence for the duration of the leave.

(c) Part-time and temporary employees shall not be employed to displace or eliminate regular full-time employees.

(d) Regular part-time employees are eligible for participation in extended health plan, and dental plan on the basis that the Employer-paid portion of the welfare plan listed will be two­ thirds (2/3) the normal Employer-paid portion, with the balance to be paid by the employee in addition to the normal employee cost. Basic group life insurance shall be on the basis of their annual salary calculated on their regular hours of work. Sick pay shall be prorated, on the same basis as full-time employees. Vacation with pay shall be based on their regular earnings.

(e) Part-time employees shall earn service credits on the basis of their length of service, except that for the purpose of advancement on the wage scales, experience shall be calculated on the basis of the number of hours worked in the classification.

(f) Part-time employees shall be paid on an hourly basis equivalent to the weekly minimum salary provided for their classification and experience.

16.04 Information (a) The Employer shall supply the Union on request with a list containing the following information for all employees covered by the Agreement: i) Name, address, sex, date of birth, Social Insurance Number.

18 the

the (b) ARTICLE Union

reasonable (c) November ARTICLE

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The Re: Effective Confirmation Effective The Re: letter matter Side If This Re: regardless and Employer use: Side Collective Side of If, an Side pursuant to

This

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22 Side Letter #8

Re: Contracting out. transfers of work. transfers into the bargaining unit

Employees in the bargaining unit as of November 13, 1997 who are laid off as a direct result of:

(a) the contracting out of work performed by these employees,

(b) the transferring of work performed by these employees to another location outside the bargaining unit, or

(c) the transfer of persons into the bargaining unit to perform the work done by these employees, shall receive, in place of any other severance pay under the applicable collective agreement and the Employment Standards Act, enhanced severance pay in the amount of four (4) weeks regular salary for each completed year of service with the Employer up to a maximum of seventy-eight (78) weeks of regular salary.

Side Letter #9

The Employer and the Union agree that sexual harassment is unacceptable behaviour. They also agree that any employee who believes some form of sexual harassment is taking place should follow the guidelines of the Employer's policy. The Employer, as per its policy, shall immediately launch an investigation into the allegations. Should the complainant or the defendant be a member of the bargaining unit and if the complainant so requests, the Employer will report in writing to the Union executive the findings of its investigation and disciplinary action, if any. The Union will treat the findings in the strictest confidence.

Side Letter #10

Re: Part-time Seniority

In the event of a layoff, the seniority for a bargaining unit part-time employee hired after June 18, 1998, shall be converted to full-time equivalent seniority by adding together all the straight­ time hours worked by the part-time employee and dividing by seven and one-half (7 .5) to determine the number of normal working shifts, which will determine the regular full-time equivalence of such part-time hours, assuming five (5) normal working shifts per week.

Having calculated the full-time equivalence, the employee shall be awarded, accordingly a new seniority date. (For example, a part-time employee who worked one (1) full shift each week for five (5) years would be awarded the equivalent of one (1) year of regular full-time seniority and his or her seniority date would be amended to reflect this full-time equivalence.)

23 Seniority for bargaining unit part-time employees on the payroll on June 18, 1998 shall continue to be based on total length of service with the Employer since last hired.

Side Letter #11

Re: Post Age 65 Benefits

Notwithstanding Article 6.04, Article14 or any other Articles of this agreement, the parties agree that in the event that an employee continues to work past the age of sixty-five (65), the following will apply for the duration of this collective agreement. The employee shall continue to be covered under the FlexMedia plan referred to in Article 14 under the terms of that plan, except he/she shall not be eligible for Long Term Disability coverage.

Side Letter #12

Re: STD Plan I Casual Absenteeism

If an employee is absent for more than four consecutive days and has not completed a Short Term Disability form in anticipation of an absence longer than ten working days, he or she will be required to provide a doctor's note for those days. For purposes of clarity, legitimate (see below) casual illness or absenteeism prior to eligibility for Short Term Disability under the Flex plan will be paid at regular straight time pay for the time absent from work. Those employees who are compensated by a variable compensation plan will have any STD payment based on the Benefit Base which is the prior calendar year's total earnings. For absences that fall outside the Short Term Disability Plan under Flex Media, employees may be required to provide a doctor's note to the employer to authorize their absence from work, as well as to qualify for payment of wages. The request for the doctor's note will be based on reasonable criteria which are as follows: 1) The employee has an excessive record of absenteeism; or 2) The employee exhibits a pattern of absences; or 3) The employer has reasonable grounds to suspect that the illness was not legitimate; in which case the employee may be required by the Employer to provide a doctor's note.

Side Letter #13

Re: Mailroom Language Deletions

During the 2010 negotiations, the parties agreed to the deletion of certain articles of language (pertaining to the former mailroom) from the collective agreement that expires November 30, 2009. The parties agree that should the mailroom be reinstituted during the term of this collective agreement, then the appropriate language in the following articles of the 2006 to 2009 collective agreement will also be reinstituted: exclusions in the preamble, Article 7A (all), Article 12 (Group 5 and related), and Letter# 11.

24 Side Letter #14

Re: Retiree Benefits

Notwithstanding anything in the collective agreement, the parties agree to the following. All current plans pertaining to retiree life insurance and retiree medical coverage will be discontinued August 1, 2012. Current retirees will not be affected. Any current bargaining unit employee who wishes to retire on or before August 1, 2012, must so declare within this period. Current bargaining unit employees who choose not to retire shall have $700.00 deposited on an annual basis into their FlexMedia health spending accounts, beginning with the implementation ofFlexMedia (October 31, 2010). It is understood that a current employee may choose to retire or receive the $700.00 annual credit, but not both. For purposes of clarity, the $700 annual credit would not be paid for the year in which the employee decides to retire. New bargaining unit employees hired after the date of ratification shall not be eligible for the $700.00 annual credit.

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