Collective Agreement between The Halifax Herald Limited and The Halifax Typographical Union Local 30130 chartered by CWA -- SCA Canada (CLC, IFJ) Editorial Unit TABLE OF CONTENTS Article 1 Coverage/Jurisdiction Article 2 Guild Shop Article 3a and PromotionsArtisle?A, Grievance Procedure Article 5 Security Article 6 Technological Change Article 15 Part-time and Temporary Employees, Summer Replacements and Interns Article 17 Employee Integrity Article 18 Miscellaneous Article 19 compassionate Lea-veArtieI-e?EQ Training and Education Article 212;: Labour Management Committee meal Article 22 Duration and Renewal Contract THIS AGREEMENT made this 215I day of November. 2011 between The Halifax Chronicle Herald/Mail Star and Sunday Herald. a division of The Halifax Herald Limited. (hereinafter referred to as the Company), and the Halifax Typographical Union Local 30130, chartered by CWA SCA Canada (CLC. (hereinafter referred to as the Guild) for itself and on behalf of the employees of the Company described in Article 1 of this agreement. Article 1 Coverage/Jurisdiction 1.1 This Collective Agreement covers all newsroom/editorial employees of the Company as described in the Nova Scotia Labour Relations Board Certi?cation Order dated April 27, 1999, save and except positions set out in such LRB Order #4713. 1.2 a) The jurisdiction of the Guild is the kind of work either normally or at present performed by employees within the bargaining unit covered by this agreement. .. 1.3. (C) 1 EFT .. .Iliaih lag. fetish-var: Fawkes?shew beam theeutresan' d?Fuaetieneef?a?basgam' leg unit.IHNotwithstanding the provisions of Article 1.2 above. the Company may use freelancers/stringers in the editorial department in the following manner: Freelancersistringers are persons who submit and receive payment for editorial text. photography, Wgraphicso? illustrationsoLQmeL mm which are used for publication. Freelancers/Stringers shall not be assigned to perform work or be encouraged to submit work when Guild members are available to perform the required work and have expertise and knowledge to perform such work. Freelancers/Stringers shall not be used where such use would substitute for, eliminate or displace a regular employee (full-time or part-time), or position (full-time or part-time) unless such regular employee is absent by reason of illness. disability, scheduled time off, vacation or written leave of absence. In this case. the freelancer/stringer would become a temporary employee covered under Article 15 of this collective agreement. Article 2 9?3an mama J15. mqluding.? W.imanamnupl..mlinue. macominue in whole Or Email i . . . ghall not of this agre?menL AEtlQlej Guild Shop 2.4?.11 The Company recognizes the Guild as the sole collective bargaining agent for all employees covered by this Agreement. 2:23; The Company shall require as a condition of employment (excluding temporary employment) within the certi?ed bargaining unit that every person shall. immediately upon WW1. within the certi?ed bargaining unit, become and remain a member of the Guild in good standing during the term of WW employment. 3?313 CHECKOF F: a) The Company agrees to deduct biweekly from the earnings of such employee whose position is covered by this agreement and to remit to the Guild not later than the 10th day of the following month an amount equal to Guild dues and assessments. Such amounts shall be deducted from the employee's earnings in accordance with the Guild's schedule of dues rates furnished to the employer by the Guild. Such schedule may be amended by the Guild at any time. b} The Company agrees to supply the Guild a biweekly list of the amount of dues deducted from each Guild member. This list shall be included with the dues payments to the Guild not later than the 10th day of the month following the dues deductions. ASSIGNMENT AND AUTHORIZATION TO CHECK OFF GUILD UNION DUES 341E date: Er??j To: The Halifax Chronicle Herald/Mail Star I hereby assign to the Halifax Typographical Union Local 30130, CWA - SCA Canada (CLC. and authorize you to deduct from any pay earned or to be earned by me as your employee. an amount equal to all union dues and assessments levied against me by the Guild as per the schedule for each week following the date of this assignment. I hereby authorize and request you to remit the amount deducted to the Halifax Typographical Union Local 30130. (Employee's Signature) (Effective Date) The Company shall supply the Guild on request with a list containing the following information for each employee: a) Name, mailing address (including postal code), phone number; b) Date of hire; 0) Classi?cation; d) rating and e) Salary, including bonus arrangements or other forms of compensation. The Company shall notify the Guild in writing of: a) Merit increases granted by name of the employee. individual amount, resulting new salary and effective date; b) step up increases paid by name of the employee, individual amount, and effective date: c) Changes in classification, salary changes by reason thereof. and effective date; d) Resignations, retirements, deaths. L) 2773.1 2791.8 a) b) 3.4M Hi2 Within two (2) weeks after the hiring of a new employee. the Company shall furnish the Guild in writing with the data speci?ed in Article 2.4. There shall be no Company interference with the administration of the Guild. The Swirl- aEl-tmwle?gEr?that?itis {Minerva?right and?Haetien?ef?the Gempany--te?manage4ts newsreern and {meet?Marking farce: lee?hire. to employees; Wt a claim of a eperatieesi provided that shall not-trem- Nothing in this collective agreement shall apply to: unsalaried journalism students in training at the Company: replacements hired to supplement regular full-time staff during the summer vacation period (May 1-September 15) (except for Article W?Temporary Employees and Article Article 351 Hiring, Transfers and Promotions The Company shall notify the Guild in writing of all vacancies in positions (including positions of a temporary nature with an expected duration of three months or greater) covered by the collective agreement and shall give ?rst opportunity to the hiring of any quali?ed Guild member. All vacancy notices must be supplied to the Guild in writing and by email not less than 10 full days before the position is to be ?lled except for the Article 3.454 positions of a temporary nature where such notice shall be not less than 5 full days. In cases where present employees are .3 moving to ?ll a vacancy, subsequent vacancies shall be posted for ?ve full days. 3mm The Company agrees to recognize and to carry out In practice the principle of promotion or voluntary transfer of staff members. Where there is a vacancy of a full?time, part-time or temporary nature. promotions shall be determined on the basis of skill and ability of the applicants and where such skill and abilities are equal, seniority shall be the determining factor. b} All positions of a temporary nature shall have the time period of the position stated on the posting. c) It is agreed that when an employee is promoted or transferred by the Company to a position of a temporary nature. and when that temporary position ends, such employee shall return to his former position. d) Employees voluntarily transferring or being promoted and found unsuitable or who wish to return to their previous classi?cation during a three-month trial period in the new classi?cation, with two weeks notice, shall revert to their previous classi?cation and salary they would have enjoyed if the voluntary transfer or promotion had not taken place. All transfers or promotions affected by the original transfer or promotion may be subject to the same reversion. e) Upon request, the Company shall provide an oral explanation to the employee and representative of the Guild simultaneously of why such employee is denied a promotion or transferJELQm?msha?jgna??-?m . .l a??No employee shall in any way be penalized for refusing to accept a promotion. 3.4 Company will endeavour to avoid transferring an employee within a classi?cation without his/her consent, which, however, shall not be unreasonably withheld. There shall be no reduction of salary or impairment of benefits as a result of such job transfer, nor shall any employee be penalized for objecting to such transfer. It is understood that employees shall not be transferred from one classification to another over their objections. Era-$1M employee promoted or transferred to a higher classi?cation shall receive the higher rate of pay for that classi?cation with due consideration given for previous experience in the new work to be performed. Thereafter such employee will advance through the remaining stepjsteiej? in the new classi?cation. In no case shall a promotion or transfer result in an employee receiving a decrease in pay. WW concurs 1with his or her Level ratino. 379% In applying the schedule of minimum saia?esrates in this Agreement, the employee shall be classi?ed at the time of employment. transfer or promotion as to job title. and as to HpeaeneeLgvel rating and shall be paid accordingly. Years of employment in identical and/or comparable work shall be l?-El-Hded Ema-mam at the time of employment, transfer or promotion. m-?ln the event the Company closes or downsizes a Bureau outside HRM. the staff member(s) so affected shall be laid off and have the opportunity to bump in accordance with the provisions of Article 5. Any?endaii 344m Should the Company create a new classi?cation/Job description. it shall furnish the Guild with all pertinent information concerning the new classi?cation/job description including the proposed rate of pay and whether this position is to be included in the bargaining unit. If the parties are unable to come to a mutual agreement, the question will then be decided under Article 4 (Grievance Procedure). aei??MThose employees required by the Company to work out of their home shall be supplied with the necessary tools to perform their assigned tasks, such tools to be agreed upon by the employee, a Guild representative, and the Company, which agreements shall not be unreasonably withheld. seminars shall be a 90 day probationary period for all new employees. The probation period may be extended by mutual agreement of the Company and the Guild. Wampum disabaggeamobajianaa: resend tan t1._ mContinuation of employment beyond the probationary period shall entitle the employee to seniority from the date of employment and all applicable bene?ts of this Agreement. 37% MW disaharge a m- MWpress?eensenh r1 5.1 Shame?either ei limit-Heated Hi the last?lm-e at Arias-4:3- ebeve the-grieva??e shall beseemed ahead-sneer MEI . I . I I Article 5 Security Except as provided herein. there shall be no discipline except for just cause. 5.2 a) The Guild recognizes the right of the Company to reduce the work force, as distinguished from a dismissal for just cause. for reasons of economy. In the event of lay-off, the Company agrees to give the Guild and the affected employees a minimum of 4-5154;an days notice of any such contemplated reduction in the work force. After the ?rst +511: days of notice within the subsequent ?ve days an employee who is laid off may elect to bump; i) Into another classi?cation provided heisheissemeetemme to perform the job provided seniority is greater than that of the employee whose job is being claimed. ii) Employees who are to be bumped shall receive five (5) days notice of the proposed bump to enable such employees to consider and .15 d) 5.3 advise the Company within such time period if there are other employees who they propose to bump. In such case, the Company shall give such other employees ?ve (5) days notice and so on until bumping is completed. Subsequently bumped employees may themselves bump. subject to the same criteria as above. The resulting displaced employee shall be iv) Any vacancies that arise while employees are on the recall list shall be dealt with internally as stated in Article 3mm of this agreement. Any resulting vacancies due to the internal transfers shall be offered to the most senior employee on the recall list capable of performing the work. Each laid off employee, upon noti?cation of recall by the Company. shall report for duty not more than 5 business days after receipt of such noti?cation. Noti?cation shall be in the form of a double registered letter to the employee's last known address. Failure to comply shall cause such name to be struck from the recall list. During the ?rst 4s days of the notice period, the Company shall effer? and?shaliconsider any job sharing or modi?ed work week requests from seen?employees.? Seniority is de?ned as the length of continuous employment (from the date of most recent hire) with the Company. There shall be a separate seniority list for full-time employees and separate seniority list for part-time employees. Employment shall be deemed continuous unless interrupted by a) dismissal for just cause. or b) resignation. retirement or c) refusal to accept an offer of recall within ?ve (5) working days after having been sent sucheeuele registered mail notice of recall or d) layoff ell-admires sum or e) fails to return to work from 15 an authorized leave of absence or t) is absent without reasonable cause and does not notify the Department Manager or their designate within ?ve (5) consecutive days of the absence: .. -. I -. The Company shall revise the seniority lists every twelve (12) months. The Company will issue a seniority list within thirty (30) days of the signing of this Agreement and subsequently an updated list in January of each copy of which will be posted and a copy given to the Guild. There shall be no dismissal solely because of the signing of this Agreement or solely because of notice to renegotiate this Collective Agreement in keeping with Article 22 - Duration and Renewal. 5735.5 5735.1 549% 5?1353 5?1?1? lf the conduct or ef?ciency of an employee reaches the stage where an expression of dissatisfaction/discipline is necessary. the Company shall send a copy to the Guild and the employee concerned. Such notice shall be in writing and the employee shall be furnished with pertinent details of any such complaint (suf?cient to understand and reply to such letter). If the procedure is not followed, such expressions of dissatisfaction I discipline shall not become part of his/her record for use against him/her at any time. Any replies to such notice shall also become part of his/her record. Guild members shall be entitled to a Guild representative being present at all disciplinary meetings with the Company. The President of the Guild or an authorized representative of the Guild Executive shall have the right to review any individual's personnel ?le at any time there is a dispute involving a member of the Guild and. upon request. shall be provided copies of all material in the ?le. The individual concerned may accompany the President or the Guild representative to review this file. An employee shall have access to his/her personnel file, upon reasonable notice. twice during any calendar year for the purpose of reviewing the material therein. Technological Change 6.1 Technological change means the introduction by the Company of new equipment or new processes. in the event the employer plans technological change(s) which will result in signi?cant impact on staff levels. the will give the Guild a minimum of eight (8) weeks notice of technological change. Where the Company has noti?ed the Guild of its intention to introduce technological change(s), the parties 11 6.2 6.3 undertake to meet within the next ten (10) calendar days to hold constructive and meaningful consultations in an effort to reach agreement on solutions to problems arising from the technological change. Where the Company plans to introduce new equipment or new processes that would have a signi?cant impact on operations. the Company will notify the Guild as soon as possible. The Guild and the Company shall meet within 10 days to consult on any issues that may result in the introduction of said new equipment or processes. It is recognized that. in certain urgent situations. the Company may have to introduce such new equipment or new processes without prior noti?cation/consultation with the Guild. However. in such situations. the Company will. following such introduction, consult with the Guild as stated in this clause. The Company shall. upon the introduction of any new equipment or process, provide paid training to any employee where the performance of Wm job depends on such training. The Company shall pay such employees for such training at a rate of pay in accordance with Article +925. Notice shall include: a) a description of the technological change: b) the date on which the employer?qmuagy proposes to implement said technological change; 0) the number and classi?cations of employees affected by the technological change; d) the effect of the technological change on the terms and conditions of employment of other employees; e) the job classi?cations abolished and the new classi?cation to be created by the technological change(s); f) the schedule for retraining staff required to perform duties on new equipment or with new processes. Company may transfer and retrain at Company expense employees whose work is affected by such new r?x I equipment or new processes to other positions Mtheut?ieseef?saleryauni if their services are no longer needed in the classi?cations in which they were previously employed. ln- level?held inathe lei-the #ansiee. Subject to the continuing ability to perform satisfactorily the work of the classi?cation from which heishetheampmee was transferred, as demonstrated in a ninety-calendar?day trial period, the employee so transferred will be given the ?rst opportunity of returning to any vacancy that occurs in the classi?cation from which WW was transferred in order of Article 15 Part-time, Temporary Employees. Summer Replacement Staff and lntems 15.1 A part-time employee is one who is hired to work regularly fewer than 28 hours in a work week as provided in this Agreement. 15.2 TWW-the-mem?emm 11W shall receive, when entitled, part time sick leave pay. vacation pay, statutory holiday pay?aed?Hight-shmiere?tial? Part-time employees may also participate. when eligible. in the medical bene?t programs-rid 15.3 The probationary period for a part-time employee shall be sixty-?ve (65) shifts worked by such employee. But in no case shall the probationary period exceed six (6) months from the date of hire. 15.4 Part-time employees shall be entitled to the same vacation privileges (pro rated) as regular full-time employees. Uses?errpeyshall?Maieulatedae- 15.5 15.6 15.7 b) 15.8 Part-time employees will be offered, in order of seniority, any non-scheduled work within their classi?cation for which they have the skills and ability, before a temporary employee is offered such work. The Company shall not be required to schedule a part time employee if the scheduled shift would be at overtime rates. If a part-time employee becomes a full-time employee, they will be credited with seniority for actual time worked. A temporary employee is one who is employed for a special project or for a speci?c time, in either case not to exceed twelve (12) months. The Guild shall be noti?ed in writing as to the nature of such project and/or the anticipated length of temporary employment. Any temporary employee hired to replace a regular employee on a 12-month maternity leave or an unpaid leave of absence of more than six (6) months shall become a dues-paying member of the Halifax Typographical Union in good standing with all the rights and privileges conferred by the Collective Agreement, with the exception of the following: severance pay (Article 7). full-time bene?ts (Article 13), full-time sick leave (Article 13), seniority protection (Article 3 and Article 5 except that at the end of the term for which the temporary employee has been hired. that employees termination shall be carried out in good faith by the Company). training (Article 2313), leaves of absence (Article 14) and the letter of intent on sabbaticals. ether?terraS?Efthe Gelleetive employer-Heeallh bemf?e?plaa?) An employee hired for more than twelve (12) consecutive months or for more than twelve (12) months in a two-year period. shall become a regular employee of the Company, covered by all the terms and conditions of the Collective Agreementtemporary employee hired as a full-time or part-time employee shall be credited with seniority for actual time worked since their most recent hire date. empteyee?WFFHEH FEWBSEHEE: 45?1?1? MPart-time employees are entitled to the provisions (pro rated) of Article 8, Classi?cations and Minimums. 4?5513 Mamawm?wm 45+} +5.44 MNO more than four (4) interns may be used at any one time and for not longer than thirty (30) days or such other time period as required by a recognized educational institution. lntems shall not be used to displace or eliminate any full-time or part-time employee or position. lntem is de?ned as an unsalaried journalism student in training at the Company. 454515.11 To qualify for a paid holiday, a part-time employee must: a) have worked for at least ?fteen (15) days during the thirty (30) calendar days immediately preceding the paid holiday; b) work Weathermen last full scheduled working day before and first full scheduled working day following the paid holiday, unless absent with reasonable excuse. +5.45? l?JZWhen a part time employee, who has completed their probation period. is prevented from performing hisihermgi: duties because of sickness or accident. the Company agrees to pay their full wages beginning with the ?rst day of disability and continuing for so long as such disability shall last. to a maximum of six (6) days pay in any year. Such payment shall be less any amount received directly or indirectly by the employee from Workers Compensation Eerie?ts?oard. Wages received from a third party in the event of an accident shall be returned to the Company to an amount not exceeding the sick leave payments made by the Company. An employee may carry over any unused sick days into the next year to a maximum of thirty (30) days. 17.1 17.2 17.3 17.4 17.5 17.6 Article 17 Employee Integrity An employee's byline or credit line shall not be used over hisiher protest. Whenever possible, factual or substantive changes in material submitted and rewrites of material submitted shall be brought to the employee's attention before publication. If an employee cannot be contacted prior to publication. his/her byline or credit line shall be removed. If a question arises as to the accuracy of printed material. whenever possible and if time permits, no correction or retraction of that material shall be printed without prior consultation with the employee concerned. No such retraction shall be printed if the printed material in question is found to be accurate and factually correct. The Company shall inform an employee whose personal integrity or professional ethics are called into question in a "letter to the Editor" or "Opinion piece". These letters or opinions shall not be printed without full consultation with the employee involved. if the printed material in question is found to be accurate and factually correct, such letters to the editor or opinion piece shall not be printed. However. if a letter to the Editor or Opinion piece is printed the employee involved has the right to respond on the same page where it is published. The Company shall not give up custody of or disclose any knowledge. information. notes. records. documents, ?lms, photographs or tapes or the source thereof, where there are no applicable judges' orders, which relate to news. commentary. advertising or the establishment and maintenance of the employee's sources without prior joint consultation between the employee(s), legal counsel for the employer and a Guild representative. No employee shall be required to write. take photographs for. or edit/layout advertising products. It is agreed that the Guild and the Company will meet by December 31 of each year to review the newsroom ethics policy then in effect. Recommendations that may come from said committee that do not infringe on any provision of the collective agreement or any provincial statute will be given immediate and serious consideration by the Company. Article 18 18.1 18.2 18.3 18.4 18.5 18.6 Miscellaneous The employer agrees to provide a bulletin board suitably placed in the Editorial department and in each provincial bureau. Only the President or simmer-mar designate can post or remove material from the boards. The Company agrees to keep its plant in a clean. healthful. suf?ciently ventilated, properly heated/cooled and properly lighted condition at all times. Employees shall be free to engage in any freelance work on their own time for other publications where the publication is not in direct competition with these newspapers (eg: Nova Scotia home delivered or provincially produced periodicals). and Company equipment is not used for its creation or transmission. Company permission must be obtained for any work in electronic media, whether being interviewed for job related stories or freelance work. Employees called to serve on juries or subpoenaed as a Crown/Company witness by any legal court or tribunal. or as a Defence Witness in a criminal trial, shall receive their regular pay during such periods of service. less the amount of jury or witness fees. Any night shift employees called for jury service shall not be required to work on the day or days so spent. Any day shift employees called for night jury service shall not be required to work on the day or days following the night or nights so spent. If the employee is released from jury duty for the day or night three (3) hours or more before the termination of their regular shift, said employee shall report to work within one (1) hour from the time of release as long as the combined jury duty time and work time do not exceed the length of their shift. Employees shall not be required to cross a picket line if the story can be done over the phone or in some other way. in the opinion of the employee_ W. The Company agrees that there will be no lockout and the Guild agrees there will be no strike as de?ned in the Nova Scotia Trade Union Act during the term of this collective agreement. W1 8.7 JHEW {Company the Eli lease) 43% MEmployees are entitled to two (2) paid ?fteen minute breaks during each scheduled shift. seams The Company and the Guild agree to set up a committee to study newsroom ergonomics. The committee will consist of two Company representatives and two Guild representatives. The Company will make every reasonable effort to act upon the recommendations of the committee in a timely fashion. 4349M The Guild shall have at least one (1) employee as well as one (1) alternate employee from the bargaining unit on the Company-wide Occupational Health and Safety Committee. 434?11? Whenever the masculine is used in the Agreement. it shall be deemed to include the feminine and the singular shall include the plural. whenever the context so requires. The Company shall give at least ninety (90) days notice in writing prior to the implementation of any decision to permanently move a signi?cant number of bargaining unit employees from the current location. The Company will maintain and enforce a Respectful Workplace Policy as may be amended by the Company from time to time. Article 19 WW 4-94? In eritHled-te?aHeast??ve mm #512- Eli?pay: $97} sir-ether? 4974? 29.2?1?18hould the Company require employees to attend a course that has direct application to the current job or career development of staff, the Company will pay 100% (one hundred per cent) of the cost of enrolment plus any other expenses incurred by the employee. Time spent on the course shall be with pay in accordance with the straight time and overtime provisions of Article time spent travelling to attend the course shall be at normal straight time pay rates. As an alternative, a ?ex week may be arranged for an employee engaged in training, with the mutual agreement of the employee, the Guild and the Company. 29?3- II Article 2129 Labour Management Committee 24.4294 A Labour Management Committee shall be established consisting of two (2) employee representatives of the Guild and two (2) Company representatives of the Company. 24:22:13 The Committee shall concern itself with the following general matters: Considering constructive criticisms of all activities so that better relations shall exist between the Company and the employees. suggestions from employees, questions on working conditions and service. 373%; The Committee shall meet at least quarterly or when requested by either party (not to exceed once per month unless mutually agreed). 244m The Committee shall not have jurisdiction over wages or any matter of collective bargaining. including the administration of this Collective Agreement. The Committee shall not supersede the activities of any other Committee of the Guild or the Company and does not have the power to bind either the Guild or its members or the Company to any decisions or conclusions reached in their discussions. The Committee shall have the power to make recommendations to the Guild and the Company with respect to its discussions and conclusions. 24752115 The Guild will supply the Company with the names of its Local Executive and representatives on an up-to-date basis. 2.1.1 alleged violation olM?leotme?inLagme?L consented ?it? van: entwined it assumitted Militia within fifteen. U?saiendar {Sumner}! grievanMemnm..?- humm?b?s some Eailure to submits. grieve use within the ?fteen tt?loalemiai day. 2E .Guudhtne?gmpanlam mlgy?tsi {?51m Lom?mhgmalter?imom .Lumiln. m?mga?lme?ai?. internalamm Qpli?aliqu. malatmmaameemncmamm?aammgum mammal. mm; mmemgm, 22.1 22.2 22.3 ?bnuLdeitbet n?t?aiLto. We. Magma-emu animation mamas-Jamel amt ammo teatime of MM the am sham deemedabandmed. Article 22 Duration and Renewal This contract shall commence on the 21-"1 day of November. 29442915 and expire on the?20m day of November, and shall inure to the bene?t of and be binding upon the successors and assigns of the- W. Within 90 days prior to November 20, 2345:2929, the Company or the Guild may initiate negotiations for a new contract to take effect on November 21 The terms and conditions of this contract (subject to subsection 1) shall remain in effect until such negotiations are lawfully terminated. If such negotiations do not result in a new contract prior to November 20, 2015, the new contract wages shall be made retroactive to November 21, 394 am Signed by the parties this day of For the Halifax Typographical For The Halifax Herald Limited Union. Local 30130 LETTER OF INTENT #1 Deferred Compensation Leave Plan (Sabbatical) Part 1 Interpretation 1.1 De?nitions in This Plan ?Account? means the separate bank account established by the Company pursuant to section 3.2, ?Agreement? means the Deferred Compensation Leave Plan Agreement dated between the Company and the Guild establishing the plan, ?Application?of an Eligible Employee means the Eligible Employee's written application to participate in the Plan in the form attached hereto as Schedule ?Commencement Date?of a participant means the date on which the Deferral Period of the Participant commences, ?Company? means the Halifax Herald Limited Wk ?Deferral Period? of a Participant means. subject to Part 6. the period of time speci?ed as such in the Participant?s Application, extended pursuant to sections 4.4 and 4.5 as applicable. being of not more than $5161 consecutive years' duration, during which receipt by the Participant of his Speci?ed Percentage of Salary or wages from the Company is deferred in accordance with this Plan. ?Deferred Capital Amount? of a participant is a particular time means the total of all salary and wages previously deferred by the Participant pursuant to section 3.1. ?Earned Income Amount? of a Participant at a particular time in a year means the Participant's share of income earned in the year on funds in the Account and on Quali?ed Investments in which such funds are invested, calculated pursuant to section 3.7 as if the year has then ended. ?Eligible Employee? as a particular time means an individual who. in accordance with the Constitution of CWA-SCA Canada, is then a member in good standing of the Guild and who is then, and for the period of 12 consecutive months immediately preceding the particular time has been, employed by the Company. The Plan is not intended to provide bene?ts to participants on or after retirement. ?Guild? means the Halifax Typographical Union Local 30130, "Investment Fees? for a period means actual management fees paid by the Company in respect of the period to an arm's length third party for the purpose of investing funds in the Account pursuant to section 3.2, to the extent reasonable as certi?ed by the Guild. ?Leave of Absence? of a participant means the period of a leave of absence from the Participant's employment by the Company, speci?ed as such in the Participant's Application. being. at the Participant's election, of either 513161 consecutive months' or W121 consecutive months' duration, and commencing immediately after the Participant?s Deferral Period. in any event not exceeding 511161 years after the commencement date, -2- ?Parficipant? means an Eligible Employee whose Application has been approved by the Company. who has not withdrawn from the Plan. and whose Leave of Absence has not been completed. ?Plan? means this Deferred Compensation Leave Plan. as amended from time to time in accordance with its terms. ?Quali?ed Investments? means . a) short-term debt instruments of or guaranteed by the Government of Canada or the government of a province or territory of Canada. b) short-term paper or certi?tes of deposit of or guaranteed by Canadian chartered bank. c) short-term guaranteed investment certi?cates issued by a trust company to which the Trust Companies Act (Canada) applies. and d) such other high quality securities as the Guild approves by notice given to the Company. ?Speci?ed Percentage" of a Participant means a percentage of the amount of salary of wages that the partipant would normally receive in that year not to exceed 33 113% per year or such lesser percentage per year as is speci?ed as such in the Participant's Application. as amended from time to time by agreement between the Company and the Participant. and ?Tax Act? means the Income Tax Act (Canada). 1.2 Construction in this Plan. except as otherwise expressly provided or as the context otherwise requires. the following rules of construction will apply: a) accounting terms not otherwise de?ned have the meanings assigned to them. and calculations are to be made. in accordance with generally accepted Canadian accounting principles; b) a reference to currency means Canadian currency; c) a reference to an entity includes an entity that is a successor to such entity; d) person are deemed not to be dealing ?at arm's length? with one another if they would not be dealing at arm's length with one another for purpose of the Tax Act; e) words importing the masculine gender include the feminine or neutral. words in the singular include the plural. and vice versa; f) a reference to a year means a calendar year; 9) a reference to a statute includes every regulation made pursuant thereto. all amendments to the statute or to any such regulation in force from time to time; any such statute that supplements or supersedes such statute or any such regulation. Part 2 Application 2.1 Application: An Eligible Employee who wishes to participate in the Plan must submit to the Company a completed Application therefore not less than 30 days before he proposed Commencement Date. 2.2 Approval in Order Received: Subject to section 2.3. the Company will approve Applications in the order that they are received by it pursuant to section 2.1. 2.3 Limitation - Concurrent Absences: An Application will not be approved if. on the assumption that the applicant and all Participants will take their Leaves of Absences as -. -3- proposed, it would result in the overlap for any period of Leave of Absence for the applicant and more than 5 Participants. For this purpose the Company will maintain, keep up to date and make available for inspection by Eligible Employees, Participants and the Guild a schedule of approved Leaves of Absence, or so adjusted. 2.4 Notice: Not less than 10 days before the Commencement Date proposed in each Application received by it pursuant to section 2.1. the Company will notify the Applicant and the Guild that the Application has been approved or has been denied and. if denied, the basis therefore under the Plan. 2.5 Participation Voluntary: No employee of the Company is required to participate in this plan. Part 3 Funding Funding for Leaves of Absence will be on the following terms: 3.1 Compensation Deferred: During each Participant's Deferral Period. the Company will, in addition to withholding amounts otherwise required by law to be withheld. withhold. from the total salary and wages. calculated before tax and any such other amounts are deducted. that it would otherwise pay to the Participant from time to time in respect of services rendered by the participant to the Company during his Deferral Period, the Participant's Speci?ed Percentage thereof. 3.2 Investment of Deferred Compensation: The Funds withheld by the Company in accordance with section 3.1 from each participant's salary or wages, together with income earned thereon from time to time (until paid out in accordance with this Plan). will be pooled with funds so withheld from time to time from other Participants and income thereon in a separate account established for the purpose by the Company with a Canadian chartered bank, and will be invested and reinvested by the Company in Quali?ed Investments. 3.3 Funds Not Mixed: The Company will deal with funds in the Account, Quali?ed Investments in which such funds are invested and income earned thereon only as provided in this Plan and, without limiting the generality of the foregoing. will not mix its own or nay other funds with funds in the Account or use funds in the Account for its own of any other purposes. 3.4 Registered Ownership: All Quali?ed Investments from time to time held by the Company pursuant to this Plan will. unless the Guild approves the notice given to the Company, be registered in the name of the Company as trustee for the Participants. 3.5 Investment Fees: The Company will fully disclose to the Guild all material particulars of investment fees paid by the Company for the purpose of investing funds in the Account pursuant to section 3.2, and will be entitled to reimburse itself out of funds from time to time held in the Account for Investment Fees. The Company will bear all other expense of administering the Plan. 3.6 Annual Distribution of Income: By the end of each calendar year the Company will distribute to each person who was a Participant at the end of said calendar year that person's Earned Income Amount for that year. calculated as provided in Section 3.7. 216080? 7 -4. 3.7 Earned Income Amount: A Participant's Amount: A Participant?s Income Amount for a year is that proportion of . a) the amount by which i) income earned and accrued by the Company in the year on funds in the Account and on Quali?ed Investments in which such funds are invested (without deducting Investment Fees) exceeds ii) the total of the Investment Fees of the year and amounts distributed to Participants pursuant to subparagraph 4.2 b) i) and paragraphs 4before the end of the year that b) the total of the amounts withheld from the Participant before the end of the year pursuant to section 3.1 less amount distributed to the Participant pursuant to paragraph 4.2 subparagraph 4.2 b) ii). or paragraph 4before the end of the year is of c) the total of all amounts withheld from Participants before the end of the year pursuant to section 3.1 less all amounts distributed to Participants pursuant to paragraph 4.2 subparagraph 4.2 b) ii). or paragraph 4before the end of the yean 3.8 Entitlement to Payment: All amounts to which Participants are entitled pursuant to section 3.6 in respect of a year will become payable to them on the last day of the year. and until paid will be treated as liabilities of the Company. 3.9 Reporting to Participants: Within 30 days after the end of each year. the Company will report to each person who was a participant during the year as to the Participant's Deferred Compensation Amount at the end of the year (after the distribution required by section 3.6). the Investment Fees for the year. and each of items a) to c) speci?ed in section 3.7. Part 4 Taking the Leave of Absence The taking of Leave of Absence will be governed by the following rules: 4.1 Timing of Leave: Each Participant will take his leave of absence immediately after his Deferral Period. in any event not exceeding 51316) years after the Commencement date. 4.2 Manner of Payment During Leave: Each Participant will. not less than W301 days before his Leave of Absence. by notice given to the Company to elect to receive. subject to section 4 3&3; a) his Deferred Capital Amount and Earned Income Amount at the end of his Deferral Period as a lump sum payment upon commencement of the Leave of Absence. or b) i) his Earned Income Amount at the end of his Deferral period as a lump sum payment upon commencement of the Leave and Absence and ii) a payment within W30) days after the end of each whole month that falls within the period that begins on the ?rst day of the Leave of Absence and ends on the earlier of A3) the last day of the Leave of Absence. and November 30'" of the ?rst calendar year that begins after his Deferral period. equal to the total of Cg) the quotient obtained when his Deferred Capital Amount at the end of his Deferral Period is divided by the number of whole months that fall within that period, and 9:1) the Participant's share of income earned in the month on funds in the Account. 3160800 7 .5. equal to his Earned Income Amount calculated pursuant to section 3.6 as if the year had ended on the last day of the month. and the Company will make payments to the Participant in accordance with his election. 4.3 Amounts Paid During Leave: The amount paid to the Participant during his leave of Absence will be not of any amounts deducted under section 5.1. 4.4 Limitation: Throughout his Leave of Absence a Participant will not receive any salary or wages from the Company. or from any other person or partnership with which the Company does not deal at arm's length, except as provided in this Plan. 4.5 Company's Right to Postpone Leave: If the Company is unable to obtain a suitable replacement for a Participant for the period of a Leave of Absence speci?ed by the Participant. the Company. by notice given to the Guild and to the Participant not less than 6 months before his Leave of Absence. may. with the agreement of the Guild. postpone the Participant's Leave of Absence on one occasion only for a period of up to one year as specified in the notice. provided that commencement of the Participant's Leave of Absence will not thereby be postponed to a date later than 6 years after the Commencement date. If a participant's Leave of Absence is so postponed the Participant may choose to remain in the Plan or may by notice given to the Company withdraw from the Plan. in which case the Participant will be considered to have thereupon withdrawn from the Plan. and the Company will within 30 days after notice is so given pay to the Participant in one lump sum payment the total of}; a) his Deferred Capital Amount. and b) his Earned Income Amount on the day notice is given 4.6 Participant's Right to Postpone Leave: A Participant may on one occasion only. by notice given to the Company not less than six months before his Leave of Absence. postpone his Leave of Absence for up to one year. provided that commencement of the Participant's Leave of Absence will not thereby be postponed to a date later than 6 years after the Commencement Date. 4.7 Leave of Absence: Each Participant?s Leave of Absence will immediately follow his Deferral period. 4.8 Position on Return: The parties expressly agree that upon completion of a Participant's Leave of Absence the Participant will return to his employment with the Company in the same position and with all wage scales and bene?ts accumulated to the date of return. and thereafter will remain the employ of the Company for a further period of not less than the period of the Leave of Absence. 4.9 Deemed Election: A Participant who fails to make an election required by section 4.2 will be deemed to have made an election under paragraph 4.2 a) Part 5 Fringe Bene?ts The provision of fringe bene?ts to a Participant during his Leave of Absence will be as follows: WW W15 23603000 Participade Era?Sick Leave: Sick leave will not apply to a Participant during his Leave of Absence. but will apply on completion of his Leave of Absence. 5:35.; Vacation Entitlement: Vacation entitlements accumulated by the Participant to his Commencement Date may be taken before or after his Leave of Absence. Part 6 Withdrawal 6.1 Upon Termination of Employment: If for any reason a Participant ceases to be employed by the Company. he will be considered to have thereupon withdrawn from the Plan. and within 30 day after such withdrawal the Company will pay to the Participant in once lump sum payment the total of a) his Deferred Capital Amount. and En) his Earned Income Amount on the dates of withdrawal. 6.2 By Consent: ln extenuating circumstances. such as undue hardship or ?nancial hardship. when the Union and the Company agree that such action is warranted. a Participant may withdraw from the Plan upon giving written notice to the Company of his intention to do so not less than 6 months before the date on which the Participant's Leave of Absence is scheduled to commence. Under no circumstances may the Plan be used as a means of deferring income tax rather than allow the employee to fund 3 Leave of Absence. Within 30 days after such a withdrawal. the Company will pay to the Participant in one lump sum payment the total of a) the Participant's Deferred Capital Amount. and b) his earned Income Amount on the date of withdrawal. 6.3 Upon Death: If a participant dies. he will be considered to have thereupon withdrawn from the Plan. and the Company will within 30 days after receiving from the Participant's legal representatives notice of such death. pay to the Participant's estate in one lump sum amount the total of a) the Participant's Deferred Capital amount. and b) the Participant's Earned income Amount on the date of death. subject to the Company receiving necessary clearances and proofs lawfully required for such payment. Part 7 Temporary Suspension of Deferral Period 7.1 Notice to Suspend: A Participant may. on one occasion while he is participating in the Plan. by written notice given to the Company not less than 30 days before the proposed suspension stating that he wishes to su5pend his Deferral Period for a period of not less than 6 months and not more than 12 months. in which case section 3.1 will not apply to the Participant during the period of suspension. t. 7 -7- 7.2 Reinstatement: If a Participant has given written notice in accordance with section 7.1, the Participant's participation in the Plan will be reinstated commencing on the ?rst day of the month which immediately follows the period during which the participation has been suspended. Part 8 Administrative Provisions 8.1 Extensions: The Company may. by notice given to affected Participants. extend any time limited imposed on it by this Plan for the distribution of funds. except those imposed by sections 3.6 and 4.2. to the extent necessary as certi?ed by the Guild to permit the liquidation of Quali?ed Investments. 8.2 Amendments: The Plan may be amended by unanimous written agreement made among the Company and all Panisipants?a?mnama. provided that no amendment to the Plan may be made that will adversely affect its status as a prescribed plan or arrangements as described in section 6801 of the Regulations under the Tax Act. 8.3 Withholding: The Company will deduct from all amounts otherwise payable to any Participant pursuant to this Plan all amounts required by Law to be withheld and paid by the Company for or on behalf of the Participant. 8.4 Other Tax Compliance: The Company will comply with all other tax laws that apply to or in relation to the Plan including ?ling tax returns as and when required. making appropriate designations of income to Participant's. and distributing to Participants tax information slip as and when required. Part 9 General Provisions 9.1 Notice: Any notice. communication. payment or demand required or permitted to be given or made hereunder will be suf?ciently given or made for all purposes if delivered personally to the person to whom it is directed or if sent by ordinary ?rst class mail within Canada. postage prepaid. addresses as follows: a) if to the Company. to the Halifax Herald Limited b) if to the Guild. to the Halifax Typographical Union Local 30130 c) if to the Participant. to the most recent address of the Participant as it appears in the records of the Company. 9.2 Deemed Receipt: Except as provided in section 9.3. a document sent by mail will be deemed to be received on the fourth business day after the day in which it is deposited in a regularly maintained receptacle for the deposit of mail in Canada addressed as provided in section 9.1. 9.3 Mail Disruption: In the event of mail disruption. strike or interruption in Canadian postal service after mailing and before receipt of deemed receipt of a document. it will be deemed to have been received on the sixth business day following full resumption of the Canadian postal service. 9.4 Change of Address: The Company may change its address by giving written notice of such change to all Participants. and a Participant may change his address by giving written notice thereof to the Company. 2 160800 1' -3- 9.5 Dispute Resolution: Any dispute in respect of the interpretation of this Plan will be submitted for determination We 9.6 Binding Effect: This plan will be binding upon and ensure to the bene?t of the legal representatives of the Participants and the successors of the Company. 2360800 Document comparison by Workshare Compare on Monday, December 14, 2015 3:38:06 PM nput Editorial (Document 1 ID Collective Agreement October 21 2015 V3 (Original) - Non Monetary.doc . . BLACKLINE Editorial Collective Agreement October 21 015 V3 (Original) - Non Monetary Editorial Document 2 ID Collective Agreement October 21 2015 V3 (Final) (2) - Non Monetary.doc . . BLACKLINE Editorial Collective Agreement October 21 Descnp?on 2015 V3 (Final) (2) - Non Monetary endering set Standard change ormat nserted cell cell cell plit/Me cell adding cell Statistics: Count Insertions 206 Deletions 159 Moved from 16 Moved to 16 Style change 0 Format changed 0 Total changes 397