BLACK PRESS GROUP LTD. dba NORTHERN SENTINEL (Hereinafter referred to as the Company) PARTY OF THE FIRST PART

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1 This Agreement dated the 1st day of June 2013 BETWEEN AND BLACK PRESS GROUP LTD. dba NORTHERN SENTINEL (Hereinafter referred to as the Company) PARTY OF THE FIRST PART UNIFOR LOCAL 525G (Hereinafter referred to as the Union) PARTY OF THE SECOND PART The purpose of this agreement is to establish mutually satisfactory relations between the Company and employees, to provide a mechanism for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this agreement. It is also agreed by the parties that this agreement shall not be in conflict with the B.C. Labour Relations Code and/or other applicable labour laws and statutes, and the British Columbia Human Rights Code. Wherever the masculine is used the feminine shall similarly apply. WITNESSETH That in consideration of the mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 - UNION RECOGNITION 1.00 The Company recognizes the Unifor Local 525G, as the exclusive representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of work, and/or other conditions of employment for all employees for whom the Union is certified in its plant The Company agrees to employ, for all job functions over which the Union has jurisdiction by virtue of this agreement and/or certification, only members of the Union who are in good standing. Should the Union be unable to furnish the required competent personnel within seven (7) days after formal request has been made, the Company shall have the right to employ other competent men or women provided such men or women are paid the minimum rate shown in Appendix "A" of this Agreement for the classification for which such person is employed. It is understood that any such person so employed shall be placed on a Union permit and shall be replaced by a Union member when available except where a specific craftsman is engaged from out of town for a permanent position.

2 3.00 The Company agrees it shall not sign nor make any other agreement written or verbal relating to any work covered under the terms and conditions of the agreement. ARTICLE 2 - UNION SHOP 1.00 It shall be a condition of employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective date of this contract shall remain members in good standing It shall be a condition of employment that those employees who are not members of the Union on the execution date of this contract shall, on or before the thirtieth (30th) day following the execution date of this contract, become and remain members in good standing in the Union It shall also be a condition of employment that all employees covered by this contract and hired on or after its execution date shall on or before the thirtieth (30th) day following the beginning of such employment become and remain members in good standing in the Union. This thirty (30) day period may be extended by the Union The Company agrees to notify each new employee that he or she will be required to make application for membership in the Union within thirty (30) days from the date of employment. The Company shall notify the Union of the new employee's name, classification and date of employment Any employee covered under Sections (2) and (3) above who fails to become a member of the Union as therein provided or to whom membership is denied because of their failure to tender initiation fees or dues, then within ten (10) days after written notice from the Union, the Company shall discharge such employee If membership of any employee shall be terminated because of his failure to tender Union dues, then within ten (10) days after written notice from the Union the Company shall discharge such employee The Union reserves the right to deny Union membership to any applicant. An employee who fails to qualify for membership shall be discharged by the Company with ten (10) days of written notification by the Union, provided that a justifiable explanation is given to the Company A person who has been discharged for failing to become or continue to be a member of the Union in good standing, for any of the reasons outlined above, shall not be rehired by the Company unless he or she shall first become a member of the Union in good standing Superintendents shall not be a part of the bargaining unit. ARTICLE 3 - HIRING 1.00 The Company agrees to inform the Union of all position vacancies covered by this agreement and to secure all employees for such vacancies from the Union. The Union agrees to furnish the necessary employees, if available. 2

3 2.00 The Company agrees that should he hire on a temporary or part-time basis he shall immediately notify and furnish to the Union a job description for the position. The scale of wages and conditions of work covering the foregoing shall be arrived at by mutual agreement between the Company and the Union and shall be effective from the date of hire. A temporary employee may be employed for a special project or for a specified time, in either case not to exceed three months, except by mutual agreement The Company may employ up to one (1) permanent part-time Ad Assistant. Part-time and temporary employees shall not be employed where in effect; such employment would eliminate or displace a regular or full-time employee Freelance contributors shall not be used to displace or eliminate any regular employee. The Company agrees that he will to the greatest degree possible assign editorial work to permanent staff members. The Union however, recognizes the need of a weekly newspaper to depend on student contributors for school news, and other community contributors possessing expertise on the subjects not available amongst permanent editorial staff employees. ARTICLE 4 - JURISDICTION 1.00 All employees including supervisory personnel performing any of the following work shall without limitation be covered by the terms of this contract. All work, processes, operations and products directly or indirectly related to the operation of the Company including without limitation, any computerization, technological or other changes, evolution or substitution for any work, process operation, or product now or hereinafter utilized in the operation of the Company. The work set forth and described in this Agreement and in Appendix A shall be deemed to be included in but shall not exclude the generality of the foregoing. This clause shall apply to the Company's current locations and any other locations to which the Company moves all or any part of the work, processes, operations and/or products described above. ARTICLE 5 - DUES CHECK-OFF 1.00 The Company agrees, upon receipt of signed authorization to deduct from the earnings of each employee, Union dues and assessments as authorized and transmit same to the Union office not later than the tenth day of the following month. The Company shall at the time of making such payment to the Union, submit a typewritten statement, in the manner requested on the forms supplied by the Union for this purpose. Cheques to be made payable to the Unifor Local 525G. It is agreed that the Union dues will be deducted from employee earnings each pay day Such authorization shall not be revocable for a period of one (1) year or until the termination date of this contract or renewals thereof, or until termination of employment, whichever is earlier, and the revocation shall not be effective until ten (10) days after written notice thereof has been given to the Company. ARTICLE 6 - WAGES 1.00 During the contract years of June 1, 2013 to May 31, 2016 the minimum hourly wage rates to be paid shall be as set out in the Wage Schedules Appendix "A of this agreement. 3

4 2.00 It is further agreed that the wage scale appended hereto as Appendix "A" shall continue during the life of this contract, except as may be mutually agreed between the parties hereto. It is understood that employees now receiving above the wage scale herein provided shall not be reduced during the life of this contract. There shall be no reduction of salaries during the life of this agreement. The term salaries means all forms of compensation, including rates of commission. New classifications shall only be established under a scale of wages and conditions of work mutually agreed to by the Union and the Company. Experience: In the application of the progression and wage schedules contained within this agreement, experience shall include all employment in comparable work within the classification to be filled. Employees at the time of employment, transfer or promotion shall be classified and experience-rated by mutual agreement between the Union and the Company It is agreed that wages shall be paid on every second Friday and within five (5) working days of the end of the pay period. Payment of commissions and mileage shall be made monthly. Receptionist/Circulation employees shall be paid a commission of 5% on all Classified Word Ads beyond the area of Kitimat, Terrace and Prince Rupert 4.00 Employees working on a night shift are to be paid fifteen percent (15%) higher than the day rate. Overtime for night shift is to be computed on the total of appropriate rate plus the fifteen percent (15%). All shifts starting after twelve (12:00) noon shall be considered night shifts Dual Work: An employee who works in a higher classification for a minimum of three (3) hours at the request of management shall receive pay applicable to that classification for the time worked A part-time employee shall advance on the schedule of minimum salaries depending on length of service according to the length of his employment with the Company and not according to the actual hours worked Part-time employees shall receive pro rata vacation pay and pro rata statutory holiday pay In the event of a part-time or temporary employee becoming a full-time employee, he shall be credited at least with actual time previously served. ARTICLE 7 - HOURS OF WORK 1.00 (a) The regular work day shall be seven and one-half (7-1/2) hours per day and the regular work week shall be thirty-seven and one-half (37-1/2) hours per week. (b) The starting time for day shifts shall be between the hours of 7:30 a.m. and 9:00 a.m. It is understood that the starting time shall be uniform for all members of a department (except for reporters and/or photographers) and that the following shall be considered as departments for the purpose of this section. 4

5 General Office - Circulation - Editorial - Advertising (c) The Company shall have the regular hours of work, including the regular starting time and the regular stopping time, for each department posted on the time clock or bulletin board at all times. (d) Reporters and/or photographers shall have the latitude to arrange with the editor a work schedule within the parameters set out in Article 7, Section 1 (a) There shall be a luncheon period of not less than one-half (1/2) hour or more than one (1) hour, to be completed within not more than five (5) hours after the regularly posted starting time of the shift. Employees shall not be required to work during the normal lunch period except in the case of emergency. Any person required to work during the lunch period for the reasons contained in this section shall be granted a lunch period during the hour next following his or her normal lunch period. In addition to the paid lunch period there shall be two (2) ten (10) minute paid breaks on each shift All time worked before or after the established shift to which an employee has been assigned shall be considered overtime There shall be a minimum of seven (7) days notice of change of shift, except in the case of an emergency. The company shall notify the union office of the emergency in each case. When an employee is required to change their shift, he shall have twelve (12) clear hours before beginning his new shift The standard work week shall commence at 7:30 A.M. Monday morning. ARTICLE 8 - CALL-IN AND REPORTING PAY 1.00 Any employee reporting for work shall be guaranteed a full days pay, except in the event of: employee's own lateness; voluntary leaving before the end of the shift; short shifts to share the work Any employee injured while working on the job and requiring medical attention and therefore, unable to finish their days work shall be paid for the full day An employee called back to work shall be paid for a minimum of three (3) hours at two times their hourly wage. Call back for the purpose of this clause shall be defined as an employee having completed a shift and having left the plant It is agreed that when overtime that has been scheduled for a Saturday, Sunday or a holiday is cancelled after the employees so scheduled have left the plant, the Company shall pay the employees involved an amount equal to three (3) hours wages at one and one-half (1-1/2) times his or her regular pay. 5

6 ARTICLE 9 - LAYOFF AND DISCHARGE 1.00 No employee covered by this agreement may be disciplined or discharged except for just cause. Before the discipline or discharge of a shop delegate or an officer of the Local, the Company must notify the Union of its intention and shall give the Union a reasonable opportunity to confer with the Company and to call in the National for this purpose when an officer of the Local is involved. In the event of a discharge of an employee, the Company shall simultaneously furnish reason for such discharge in writing. The Company when issuing a formal warning to an employee which must be in writing, shall advise the Shop Steward and the Union office. It is agreed that the Company will send copies of all warnings and discipline to the Union office via facsimile at the time of issuance In the event of a layoff for less than fifteen (15) consecutive days an employee shall be considered an employee of the Company for all purposes except payment of wages An employee must give at least two weeks notice of termination and when he does so, shall be allowed to complete those weeks or be awarded two weeks pay in lieu thereof, except that this shall not interfere with the Company's right to discharge for cause Transfers and Promotions (a) No employee shall be transferred by the Company to another position or job classification without the employee's consent. There shall be no reduction of salary or employment prior to any transfer occurring. (b) No employee shall in any way be penalized for refusing to accept a transfer or a promotion. (c) The Company agrees and shall give preference in filling vacancies in higher classifications to present employees who are members of the Union. (d) Employees promoted shall be given a trial period of three months which may be altered by agreement with the Union. During such trial period the employee may elect to return to the classification from which he or she advanced, without penalty or prejudice Severance Pay: In the event of the loss of employment for any reason except just cause the Company shall pay to employees the following severance pay; (a) (b) (i) (ii) After three (3) consecutive months of employment, the Company becomes liable to pay an employee an amount equal to one (1) week s wages as compensation for length of service. The Company s liability for compensation for length of service increases as follows: after twelve 12 consecutive months of employment, to an amount equal to two (2) weeks wages; after two (2) consecutive years of employment, to an amount equal to three (3) weeks wages plus one additional weeks wages for each additional year of employment, to a maximum of twelve (12) weeks wages. 6

7 (iii) The liability is deemed to be discharged if the employee terminates the employment, retires from employment, or is dismissed for just cause. (c) The amount the Company is liable to pay becomes payable on termination of the employment and is calculated by: (i) (ii) (iii) totalling all the employee s weekly wages, at the regular wage, during the last 8 weeks in which the employee worked normal or average hours of work, dividing the total by 8, and multiplying the result by the number of weeks wages the Company is liable to pay. (d) For the purpose of determining the termination date under this section, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff. This shall not apply in the case of dismissal for cause or in the case of temporary layoff of less than two (2) weeks. ARTICLE 10 - OVERTIME 1.00 (a) The employees agree to work such overtime as may be reasonably necessary to meet operational requirements, provided that if any employee gives legitimate reason for not being able to work overtime, the Company will not require him to do so. (b) That for the first one (1) hour of overtime worked before or after an employee's regularly scheduled shift on Monday through Friday they shall be paid at one and one-half (1-1/2) times their appropriate hourly rate and for all hours worked in excess of that an employee shall receive two (2) times his hourly rate. (c) That for each of the first four (4) hours worked on Saturdays an employee shall receive one and one-half (1-1/2) times their appropriate hourly rate and for all other hours worked on Saturdays and Sundays an employee shall receive two (2) times his hourly rate. (d) That all work performed on Statutory Holidays shall be paid for at three (3) times the hourly rate (including holiday pay) granted in accordance with Article 11, Sections 1 and (a) Twenty-four (24) hours notice of overtime shall be given to employees, except in the case of equipment breakdown or like emergencies during the course of the day or in the case of the required amount of overtime being one (1) hour or less Banking of Overtime Overtime may be banked for time off with pay at a later date under the following conditions: (1) It shall be at the employee s option to elect banking of overtime on January 1 st and July 1 st of each year. Employees may elect to bank overtime in periods of full weeks to a maximum period of their (the employees) choice. 7

8 (2) If banking of overtime is elected, for each hour of overtime worked the employee shall receive fifty percent (50%) in pay at their prevailing overtime rate and the other fifty percent (50%) shall be banked for paid time off. (3) Banked time off shall be taken at not less than a full shift at a time. (4) Banked time off shall be taken at a time mutually agreed to by the employee and the Company. (5) Banked time off may by mutual agreement, be used prior to using any outstanding vacation to which the employee is entitled. (6) Banked time off earned during the period January 1 through June 30 if not taken prior to December 30 next following, and banked time off earned during the period July 1 through December 31 if not taken prior to June 30 next following, shall be paid out in full on those dates. (7) The Company shall make all contributions required under the terms of this Collective Agreement during periods when an employee is on banked time off, banked time off shall be considered as earnings under the terms of this Collective Agreement. ARTICLE 11 - STATUTORY HOLIDAYS 1.00 (a) Employees shall be granted a holiday from work with pay, at the hourly rate received by the employee during the week of the holiday, for all days named herein, and all others named under the General Holidays Act of British Columbia or declared by the Provincial or Federal Governments. New Year s Day Family Day Good Friday Victoria Day Dominion Day (July 1st) B.C. Day (1st Monday in August) Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day In addition to the named holidays above, there shall be one (1) additional floating holiday to be observed on a day convenient to the employee. The employee shall provide the Company with a minimum of seven (7) days notice of the date to be observed as the floating holiday (a) Holidays that fall on Sunday shall be celebrated on the following Monday. (b) Holidays that fall on Saturday shall be celebrated on the preceding Friday or on the following Monday. (c) Holidays that fall on Friday and Saturday, the Saturday holiday shall be celebrated on the following Monday. (d) Holidays that fall on Sunday and Monday, the Sunday holiday shall be celebrated on the Tuesday next following or on the preceding Friday. 8

9 In respect to (b) and (d) of this Section 2, wherein there is an option provided, the employees shall be given ten (10) working days notice of the day on which the holiday is to be celebrated. Such notice shall be placed on the Bulletin Boards or time clock. All employees shall observe the holidays on the same day. Holidays shall extend from 12:01 a.m. on the morning of the Holiday until 12:00 midnight of the same day The employee must be four (4) weeks on the payroll over a holiday period and must work the last straight time day preceding the holiday and the first straight time day following the holiday unless excused by the Company or in the case of sickness, accident or other reasons beyond an employee s control which shall include without restriction layoffs of two weeks or less during the period a holiday occurs. Any employee who is on the payroll prior to the holiday and is laid off within the week next prior to the holiday and whose time of employment to the date of layoff would otherwise have qualified him or her, shall be paid for the holiday. If a paid holiday occurs during an employee's vacation the employee shall be given an extra day of vacation with pay at straight time. (Definition of the terminology "over a holiday period" shall be any combination of twenty (20) days worked in a four (4) week period within which the holiday falls. This could mean one (1) day worked before the holiday and nineteen (19) days worked after; or nineteen (19) days worked before the holiday and one (1) day worked after. The employee shall qualify for the holiday pay after the completion of the aforementioned twenty (20) days.) ARTICLE 12 VACATIONS (also see M.O.A. #2) 1.00 Each employee with less than one (1) year of service within the local industry and who leaves the employ of Northern Sentinel Press shall receive two (2) weeks of vacation with pay in the amount of four percent (4%) of total wages earned by the employee during the time for which vacation credits are computed Employees who have completed one (1) year or more of employment with the Company or membership in the Union shall receive three (3) weeks of vacation with pay in the amount of six percent (6%) of the total wages earned during the time for which vacation credits are computed. It is understood that should an employee qualify under this section by June 30th of any year, he or she shall receive three (3) weeks of vacation during that year Employees who have completed five (5) years or more of employment with the Company or membership in the Union shall receive during that vacation year, four (4) weeks of vacation with pay in the amount of eight percent (8%) of total wages earned during the time for which vacation credits are computed It is understood that should an employee qualify under this section by June 30th of any year, he or she shall receive four (4) weeks of vacation during that year, 9

10 4.00 (a) Employees who have completed ten (10) years or more of employment with the Company or membership in the Union shall receive during that vacation year, five (5) weeks of vacation with pay in the amount of ten percent (10%) of total wages earned during the time for which vacation credits are computed. It is understood that should an employee qualify under this section by June 30th of any year, he or she shall receive five (5) weeks of vacation during that year. (b) Employees who have completed twenty (20) years or more of employment with the Company or membership in the Union shall receive during that vacation year six (6) weeks of vacation with pay in the amount of twelve percent (12%) of total wages earned during the time for which vacation credits are computed. It is understood that should an employee qualify under this section by June 30th of any year, he or she shall receive six (6) weeks of vacation during that year, 5.00 Employees when leaving an establishment for any reason shall receive in addition to all other amounts due him or her, accumulated vacation pay in the amount of four percent (4%) of total wages earned for those whose entitlement is for two (2) weeks of vacation, six percent (6%) of total wages earned for those whose entitlement is for three (3) weeks of vacation; eight percent (8%) of total wages earned for those whose entitlement is for four (4) weeks of vacation; ten percent (10%) of total wages earned for those whose entitlement is for five (5) weeks of vacation and twelve percent (12%) of total wages for those whose entitlement is for six (6) weeks of vacation. This shall likewise apply in the case of death in which event the amount shall be paid to the legally recognized beneficiary or in the absence thereof to the estate of the deceased Vacations, as far as possible, will be scheduled at times most desirable to the employee. Vacation periods shall however, be designated by the Company, provided the Company gives a minimum of thirty (30) days notice to the employee prior to his or her vacation. At least three (3) weeks of the vacation shall be of consecutive weeks during the months of June, July and August except where otherwise mutually agreed upon between the Company and the employee. The balance of the vacation entitlement shall be taken in periods of not less than one week at a time. Such periods of vacation shall be taken at times mutually agreed to between the company and the employee. Where vacation periods are divided into two (2) or three (3) periods the employee shall be given his or her vacation pay for the period of vacation immediately prior to said vacation period each time If the employee is required by the Company to alter his or her vacation period within the three (3) weeks next prior to any one of his vacation periods, the employee shall be granted an additional week of vacation with pay, as computed for regular vacation In the event of a cessation or suspension of operations, earned vacation credits shall be deemed wages earned and shall be paid forthwith For the purpose of this Article 12, the year in which vacation credits are to be computed shall be the twelve (12) month period beginning July 1st of each year and ending June 30th of the following year All vacations earned by June 30th in any year must be taken and cleared off by the last day of May next following. 10

11 11.00 During the year in which vacations are being earned, no employee s vacation or part of vacations earned during that year shall be scheduled prior to May 1 st without the employees consent Vacation pay and Statutory Holiday pay shall be considered earnings for the purpose of computing vacation pay. ARTICLE 15 - NEW MACHINES OR PROCESSES 1.00 The Company agrees that in the event of the installation of new or improved machines or processes for which the union is certified, such machines or processes must be operated by employees under this contract under a scale of wages and conditions of work agreed upon by a Joint Committee of four (4) members, each party hereto choosing and appointing two (2) members thereof. The wages whenever finally adopted shall be retroactive to the date of beginning of operation of such equipment or processes The Company further agrees to give the Union ninety (90) days writing prior to the installation of any such equipment or adoption of new processes and during such ninety (90) days to meet with the Union at any time upon request for consideration of the manning of such machines or handling of such processes, the conditions of work or any other matter relating thereto. Any such equipment or process which requires less than 90 days purchase order, notice shall be given no later than date of purchase order The Company agrees that it will not change its present method of production before giving ninety (90) days notice of such proposed change to the Union in order that the parties may meet to consider whatever other related changes are required When new processes or equipment are introduced, the Company shall select and provide training for a sufficient number of employees to adequately operate the new equipment or perform the new processes. Training shall be given without loss of weekly wages and with such competence as to enable such members to become proficient in the operation, maintenance and repair of such equipment. ARTICLE 16 - TECHNOLOGICAL DEVELOPMENTS 1.00 The parties recognize that technological developments, if they are to further the continued growth of the graphic arts industry, place a responsibility upon the Company to explore and promote new markets, and require the cooperation of the Company and the Union in the development of new skills In order to ensure the orderly and most advantageous introduction of new types of equipment and new processes, the parties agree to meet upon request of either party to consider and develop programs for the retraining or rehabilitation of employees in new skills required, so as to avoid if possible, layoffs resulting from the introduction of new types of equipment or new processes. 11

12 ARTICLE 17 - PIECE WORK AND BONUS It is further agreed by the Company that no piece work or bonus system shall be inaugurated in any of the departments over which the Union has jurisdiction, and no employee shall be put on salary to the exclusion of overtime. ARTICLE 18 - STRUCK AND/OR DISPUTED WORK It is further stipulated that the Union reserves to itself and its members the right to refuse to execute work received from and/or destined for an employer with whom it has a dispute or controversy. ARTICLE 19 - MANAGEMENT PREROGATIVE The Company retains the right to manage its' business, to make all decisions, and to take whatever action it deems necessary in connection therewith, except as subject to the provisions of this contract. ARTICLE 20 - INDIVIDUAL RIGHT OF EMPLOYEE In compliance with the British Columbia Labour Relations Code and the British Columbia Human Rights Code, the parties hereto agree that there will be no discrimination by the Company or the Union, for or against any employee covered by this agreement. There shall be no discrimination, interference, restriction, coercion, harassment, intimidation or stronger disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, political or religious affiliations, sex, physical or emotional handicap, sexual orientation, marital status, family status, conviction for an offence for which a pardon has been received, or membership or activity in the Union. The Company policy regarding harassment will be maintained for the life of the Collective Agreement The Company agrees that it will not discharge, discipline or discriminate against any employee for any lawful Union activity or for serving on a Union Committee, or for reporting the violation of any provision of this agreement or for refusing to handle any work of the type described in the struck and or disputed work clause (a) The Company agrees to grant leaves of absence to a maximum of two (2) weeks each year, to Employees who have been elected to represent the Union at the convention, a conference or a seminar of the Union The Union will give the Company at least thirty (30) days notice of the name of the delegate for whom the leave of absence will be required. Only one (1) Employee at a time leave per request shall be granted. Additional Employee leaves may be requested for the same time but shall be at the Company s discretion. (b) The Company agrees that adequate time off shall be allowed to up to the Employee representatives for contract negotiations The Union will notify the Company of the employee representatives requiring time off. 12

13 (c) To facilitate a regular income for the Employees, the Company will pay the Employee their regular straight time wage and the Union will reimburse the Company for this amount as soon as the invoice is received. The Company shall continue payments into all benefit plans on behalf of the Employee representatives, including but not limited to, Pension, Health and Welfare, etc The Company agrees that members shall not be discharged during periods of absence because of illness, injury or vacation and that upon return from such absence the member shall be re-employed in his or her former job unless the parties to the Agreement determine that the member is unable to perform his or her former duties. It is further agreed that in the event that someone is employed to perform the duties of the member who is absent for the reasons contained in this paragraph such person shall be advised that he or she is being employed to fill such position only until the regular employee returns Maternity/Parental leave will be granted upon request and in conformity with the time periods specified in the Employment Insurance Act (Canada). In addition to regular maternity/parental leave provision, an employee is entitled, on application to the Company, to unpaid leave of absence under the following circumstances: Where a certificate of a qualified medical practitioner is provided stating that complications arising from childbirth have threatened the health or well-being of the newborn child, a maximum eight (8) week extension of the government legislated maternity leave shall be granted to the mother or father The Company shall grant employees leave of absence without pay providing such leave does not cause an unreasonable disruption of operation. Leaves provided for in this article shall not constitute breaks in continuity of service in the computation of severance pay, vacations and other benefits under this agreement An employee shall have the right on request to immediately review their personal file at any time during normal office hours and may elect to have a Union representative in attendance. Upon request, an employee shall be provided with copies of any and all material in his file. ARTICLE 21 - EXPENSES AND EQUIPMENT 1.00 The Company shall pay as arranged, all authorized expenses incurred by an employee in the service of the Company (a) Sales and Editorial Department employees authorized to use their automobiles on Company business shall be paid one hundred and thirty-five dollars ($135.00) per month. (b) All other employees who use their vehicle on authorized Company business shall be reimbursed on submission of statement of actual expenses. Employees shall be reimbursed for mileage when using their personal vehicles at a rate of thirty-three cents ($.33) per kilometer Employees authorized to use their automobiles in the service of the Company shall receive at least three (3) months notice before such authorization may be terminated. 13

14 4.00 (a) The Company shall supply and pay for all necessary working equipment required by the employees in the performance of their duties, which shall include but not be limited to cameras, portable audio and video recorders and computers. (b) Should the Company authorize in writing editorial and/or advertising department employees to use their personal property the following shall apply: Photographers' equipment and portable audio and video recorders shall be protected against loss or damage by insurance paid for by the Company. All necessary maintenance and damage to the above equipment sustained in the normal performance of duties for the Company shall be paid by the Company. ARTICLE 22 - EMPLOYEE INTEGRITY 1.00 It is understood and agreed that an employee has the right to express concern to their department manager or personnel manager over matters which they may feel to be a compromise of acceptable or ethical practices without fear of reprisal An employee's byline shall not be used over their protest An employee's byline shall appear on 'columns' (except as provided in Section 2 above) Whenever possible, factual changes in material submitted shall be brought to the reporter's attention before publication. If the reporter cannot be contacted prior to publication, their byline shall be removed If a question arises as to the accuracy of printed material, no correction or retraction of that material shall be printed without every reasonable effort being made to notify the reporter concerned prior to publication A photographer shall have the right to state their preference amongst the photos they submit for publication and to review with the editor the reasons for the Editor's final selection In the event that any published letter to the editor is in effect critical of the work of a reporter, the reporter shall have the right to respond in the correspondence column in the ensuing issue of the newspaper. ARTICLE 23 - PRIVILEGE AGAINST DISCLOSURE & AUTHENTICATION 1.00 Any employee may refuse, without penalty or prejudice, to give up custody or disclose to any party any knowledge, information, notes, records, documents, films, photographs, or tapes or the source thereof, which relate to news, commentary, advertising, or the establishment and maintenance of their sources, in connection with their employment, except by order of the Court. ARTICLE 24 - PROTECTION AGAINST LIBEL ACTION 1.00 When an employee is named in a libel action or named in addition to the Company in a libel action as a result of publication of an article(s) and/or photograph or caption the Company shall assume all expenses incurred by the employee, including fees and expenses of legal counsel retained by the Company and shall indemnify such employee against any monetary loss, including, 14

15 but not limited to, fines, damages, or loss of pay. In the event that an employee and the Company are named in a libel action, the Company shall choose legal counsel In no case shall an employee suffer loss of wages, employee status or benefits under this contract solely as a result of the employee being named with the Company in any libel action. ARTICLE 25 - SICK LEAVE Each member shall be entitled to seven (7) days of sick leave with full pay during the calendar year January 1 st to December 31 st. Sick leave with pay shall be accumulative for five years to a maximum of five weeks (twenty-five days). Should the accumulation of sick leave pay entitle a member to sick leave with pay during a period in which they is drawing weekly indemnity from the Welfare Plan, the Company shall make up the balance of the member's regular pay for as long as the sick leave pay credits last. Any balance of sick leave pay credit remaining after this procedure shall be retained by the member. Sick leave benefits for new employees shall accumulate from the date of their employment. For any illness for which sick leave benefits are being paid that extends beyond three working days, the Company may require the member to produce a doctor's certificate. ARTICLE 26 WELFARE 1.00 All bargaining unit employees shall participate in the Company s BC North Benefits Plan upon reaching eligibility. Full time employees are eligible after three (3) months of employment. Part time employees are eligible provided they are regularly scheduled to work sixty percent (60%) of the regular work week for a minimum of three (3) months. The regular work week or (FTE Full Time Equivalency) is thirty-seven and one-half hours per week; sixty percent (60%) of the FTE is twenty-two and one-half (22.5) hours per week. The Company shall pay sixty-five percent (65%) of the cost of the premiums for the Plan and employees shall pay thirty-five percent (35%) of the cost of the premiums for the Plan. In addition the cost of the B.C. Medical Services Plan (MSP) premiums for all employees shall be paid on the same cost sharing basis, sixty-five percent (65%) paid by the Company and thirty-five percent (35%) paid by the employee. The Company agrees that there shall be no changes (reductions) to any coverage in the Benefits Plan for the term of this agreement without mutual agreement between the Parties. See Appendix B for a summary of the Benefits Plan Employee Family Assistance Plan The Company will provide at their cost an Employee Family Assistance Plan to provide employees and their families with quick access to professional counselors and consultants who can help them with a broad range of personal and work related concerns. (See Appendix D for further information) 15

16 ARTICLE 27 PENSION All bargaining unit employees shall participate in the Company s Pension Plan Manulife Policy Number: See Appendix C for a summary of the Pension Plan. ARTICLE 28 - DEFAULT IN PAYMENT TO FUNDS In the event that the Company shall be in default in any payment to be made to the Union, pursuant to the terms of this Agreement to include without restriction, Pension Fund or Funds, Welfare Fund, Education Fund, Dental Fund, remittance of Union Dues by check-off, the Company agrees to bear all cost of collecting such monies including legal fees and further agrees that all accounts in this regard shall be one and one-half (1-1/2) percent per month penalty until they are paid. ARTICLE 29 - PICKET LINES Notwithstanding any other provision of this contract, the failure or refusal of any employee to pass through or work behind any picket line lawfully established shall not be deemed a breach of this contract, and the Company shall not discharge, discipline or otherwise discriminate against any such employee. ARTICLE 30 - GRIEVANCE AND ARBITRATION 1.00 Should difference arise as to the interpretation or application of the provisions of this Agreement or should grievance occur within a department covered by this Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or employees or lockout by the Company on account of such differences or grievance until the following procedure has been carried out (a) The employee or employees, or the Company shall report the grievance within six (6) months of occurrence to the shop foreman or shop steward, the latter shall take the matter up with a representative of management or report the matter to the Union Representative who shall then take the grievance up with management. Time runs from when the griever knew or ought reasonably to have known of the matter at issue. (b) If no settlement is then arrived at, either party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its chosen representative on the Arbitration Board. After receiving such notice and a statement, the other party shall, within five (5) days appoint it's Arbitrator and give notice in writing of such appointment and the name and address of its Arbitrator. If the two Arbitrators fail to agree on a Chairman within three (3) days they shall forthwith request the Labour Relations Board to appoint a Chairman. 16

17 (c) The Arbitration Board shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, the reinstatement in employment. The decision of the Arbitration Board shall be by majority vote and shall be final and binding upon both parties Failure to grieve previous discipline or to pursue such a grievance to arbitration shall not be considered to be an admission that such discipline is justified. ARTICLE 31 - UNION ACCESS TO PLANT The President or other duly authorized Union Representative shall be permitted to visit the plant during operating hours for the purposes consistent with this Agreement, provided he first notifies management before entering the plant. The time of the visit shall be mutually agreed by the parties hereto. ARTICLE 32 - BULLETIN BOARD It is agreed that there shall be at least one bulletin board readily available to each department which will be available to the Union for the posting of notices and other items of interest to members. ARTICLE 33 - NAMING SHOP STEWARDS The Union agrees to advise the Company by letter of the name or names of the Shop Stewards and of any change of Shop Stewards immediately. The Company agrees that essential communication between the Union Officials and the Shop Steward shall not be unreasonably denied. ARTICLE 34 - HEALTH AND SAFETY 1.00 (a) Safety: The Company is responsible to make all reasonable provision for the safety and health of its employees during working hours. The Union agrees that it will co-operate in enforcement of safety rules and other Company regulations. In accordance with the regulations made pursuant to the provisions of the Workers' Compensation Act (B.C.) there shall be a Union- Company Safety Committee set up in each shop. This Committee shall be responsible for the observance of safety conditions within the shop. (b) Whenever machines are being operated, at least two employees shall be present in the shop where such machines are being operated The plant shall be kept in a clean well ventilated and sanitary condition at all times. Such necessary facilities shall be furnished by the Company as will tend to the observance of this provision and the employees shall co-operate with the Company in this regard All safety clothes or accessories that employees are required to have or wear by decision of the Safety Committee, the Workers' Compensation Board or the Company shall be provided by the Company. 17

18 4.00 The Company agrees that it will require its suppliers to provide evidence that new chemicals being introduced into the plant are non-injurious Prior to new chemicals being introduced into a department or plant, such chemicals, if not previously tested and proven to be non-injurious to the employees, shall upon request, be submitted to the B.C. Research Council or Workers' Compensation Board for testing and confirmation that the product is not harmful to the employees within the department or plant. Such confirmation or other recommendation by the B.C. Research Council or Workers' Compensation Board shall be accepted by both parties to this Agreement. ARTICLE 35 - JURY DUTY 1.00 The Company will pay an employee who is required for Jury Service, as a crown witness or a subpoenaed witness in any court, for each day of service, the difference between the employee's regular shift straight time hourly rate for the number of hours the employee misses from the employee's regular shift, and payment the employee received for such service. The employee shall, upon request, be required to present proof of such service and the amount received. When an employee is excused from Jury Duty or Crown or Subpoenaed Witness Duty for one half (1/2) day or more he must return to the plant and complete his regular shift if it is available to him. When an employee is working a night shift during the period that he is serving on Jury Duty or appearing as a Crown or Subpoenaed Witness he shall be excused from the total shift for any day on which he or she has been required to appear for jury selection or duty To facilitate a regular income for the employee, the Company will pay the employee his regular straight time wage and the employee shall turn over to the Company, his earnings from the Jury Duty as soon as received. ARTICLE 36 - BEREAVEMENT LEAVE AND PAY A regular employee will be granted up to five (5) days leave of absence with pay for the purpose of making arrangements and attending the funeral in the event of the death of their spouse, common law partners, parents or children. Three (3) days leave with pay will be granted in the event of the death of a member of his or her immediate family, which shall be limited to sister, brother, fatherin-law, mother-in-law, brother-in-law, sister-in-law, grandchildren and grandparents. If it is necessary for an employee to leave a three hundred (300) kilometer radius of Kitimat to attend or make arrangements for a funeral they shall receive an additional one (1) days leave of absence with pay. Such possible day or days leave of absence shall be between the day of death and the day of the funeral inclusive and need not be consecutive nor in the same week. Where the funeral takes place outside the 300 kilometer radius the leave shall extend past the date of the funeral to allow for travel back after the funeral. 18

19 The above is subject to the provision that the employee shall not receive any such additional day or days leave or pay because the death and/or arrangements and funeral occurred on a plant holiday, or during his or her vacation, or during any leave of absence without pay. ARTICLE 37 - SEPARABILITY Each and every clause of this contract shall be deemed separable from each and every other clause of this contract to the end that in the event that any clause or clauses shall be finally determined by a Court of Last Resort to be in violation of any applicable law, then and in such event such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. ARTICLE 38 - NO ORAL OR IMPLIED AGREEMENT This contract sets forth the entire understanding and agreement of the parties and may not be modified in any respect except in writing subscribed to by the parties. ARTICLE 39 - AGREEMENT CONTINUITY 1.00 This contract shall be binding upon the parties hereto, their successors, administrators, lessees and assigns. The Company agrees that it shall give written notice of this contract and of all the clauses contained herein to any prospective purchaser, transferee, lessee, or assignee The Company agrees that all obligations of this contract shall become a condition of any sale, transfer, lease or assignment. ARTICLE 40 - MISCELLANEOUS 1.00 Except where the Company has stated in writing his objection to employees engaging in activities for competitive media, employees shall be free to engage in any professional activities they may choose outside of working hours Re-use and Syndicate Compensation: When the product of an employee's work is made available by the Company for profit to any enterprise other than the one in which they are employed (not including another division of the Company or cooperative arrangements with news services) the Company shall compensate said employee for such other use at a rate to be mutually agreed between the Company and the employee. ARTICLE 41 - EMPLOYMENT STANDARDS ACT Where the provisions of the Employment Standards Act or any such subsequent Act exceed those within this Agreement such provisions shall apply. 19

20 ARTICLE 42 - DURATION OF AGREEMENT 1.00 The parties agree that this agreement will be for thirty-six (36) months duration, effective June 1, 2013 to and including May 31, 2016 and thereafter from year to year unless written notice of contrary intention is given by either party to the other party within the four (4) month period prior to the expiration date of the agreement If no agreement is reached prior to the expiration of this agreement, this agreement shall be deemed to remain in full force and effect up to the time a subsequent agreement is reached or until a legal strike or legal lockout occurs, and while this agreement remains in effect and during such period, the Company will not sign any contract nor make any written agreement of any kind with any other Union relating to any lithographic production work, office work, editorial work, and specifically to any jobs or work covered by this agreement, and/or Appendix D appended hereto Provided further, the parties agree to exclude the operation of Section 50 (2) of the Labour Relations Code of British Columbia and in that event, Sub-section 2 shall not be applicable to the duration of this Agreement. 20

21 APPENDIX A WAGES Reporter/Photographer - after three (3) years (100%) - after two (2) years (90%) - after one (1) year (80%) - starting rate (70%) June 1, 2013 June 1, 2015 $16.41 $14.77 $13.13 $ % increase $16.57 $14.92 $13.26 $11.60 Display Sales - after two (2) years (100%) - after one (1) year (90%) - starting rate (80%) Receptionist/Circulation - after one (1) year - starting rate $14.82 $13.34 $11.86 $15.11 $13.60 $14.97 $13.47 $11.98 $15.26 $13.74 Press/Pre Press Journeyperson $20.03 $20.23 General Clerk/Typist - after one (1) year - starting rate $11.21 Min. Wage $11.32 Min. Wage (+1%) Ad Assistant - after two (2) years (100%) - after one (1) year (93%) - starting rate (85%) $14.00 $13.02 $11.90 $14.14 $13.15 $

22 APPENDIX "B" WELFARE 22

23 APPENDIX C 23

24 24

25 APPENDIX "C" 25