COLLECTIVE AGREEMENT - Ontario · Whenever in the wording of this Agreement the masculine gender is...

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COLLECTIVE AGREEMENT CKNX RADIO -AND- UNIFOR AND ITS LOCAL 591 G TERM: JUNE 1 5 r, 2018 TO MAY 31 8 r, 2022

Transcript of COLLECTIVE AGREEMENT - Ontario · Whenever in the wording of this Agreement the masculine gender is...

Page 1: COLLECTIVE AGREEMENT - Ontario · Whenever in the wording of this Agreement the masculine gender is used, it shall be understood to include the feminine gender. The term "Agreement"

COLLECTIVE AGREEMENT

CKNX RADIO

-AND-

UNIFOR AND ITS LOCAL 591 G

TERM: JUNE 15r, 2018 TO MAY 318r, 2022

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Article 1 Article 2

Article 3 Article 4

Article 5 Article 6 Article 7

Article 8 Article 9

INDEX

Intent. ............................. .. .. ............... .... ... ............................. 3 Definitions ........ ...... .. ...... .. ....................... .... ............ .............. 3

Recognition and Scope ............... ............................ ... 4 Management Rights ... ... .... ........................ .. .. ................. ....... 4 Union Security ... ..... ... .... .... ..... .... .... ....... ...... .. ... .... .... .... ........ 5

Notices to Union .. ... .............. ....... ... .......................... .. 5 Bulletin Board ......... .................................... .. ..... .... . 6 Leave of Absence for Union Functions .............. .... .. .. 6

Non-Discrimination ........... ................ .. .. .. .. ............. .. ....... .. .... 7 Strike Lockout ......... ..... .... .......... ............ ... .................. ...... .... 7 Grievance Procedure ..... .. .............. ... ......... ...... ..... ................ 8

Complaint .... ..... ......... ..... ...... ............ ....... .... ..... 8 Failing Settlement ......... ..... ....... ..... ...... .. .............. .. ... . 8 Arbitration .. .......... .. ....... .. .. .... ....... .. .. ............... .. 9

Report on Performance ..... .......... .. ...... .. .. .... .. .............. .. ..... 1 0 Seniority Rights ... ........ ... ... .. ... .. ... .. ....... .. .. ...... .... .......... ....... 10

Job Posting ....... .. .................... .. ........................ 11 Recall from Layoff .................... ................................ 12

Article 10 Technological Change ............. ............ ..... .. ... ... .. ...... .... .. ... . 14 Article 11 Employee Benefits .... .................... ... . ... ..... . .. ... .. ...... .. .. 14

Short & Long Term Disability .. ...... .... .. .......... .. ........ . 14 Reimbursement Agreement .... ................................. 17 Bereavement Leave ................. .... ........ .................... 18 Extended Time Off or Other Death .... .. .. .. ................ 18 Child Care Leave .. .. ...................................... ........... 19 Maternity Leave ........................ .. .. ........................... 19 Parental Leave ... .... ..... .. ..... ...... ....... ... .. .. ..... .... .. ... .. 19 Guidelines .. .. .... .............. ......... .. ................ ...... 19

Article 12 Travel Expenses ............................. ..... ....................... ........ 21 Article 13 Paid Vacations & Paid Holidays .............................. .. .......... 21

Paid Holiday ............................ ........................... 22 Full-time Employees ..... ............. ..................... .......... 23 Part-Time Employees ............... ........ ........... ............ . 23

Article 14 Hours and Scheduling of Work ...... .. .... .. .. .. ......................... 24 Posting Schedules ........ .. ............. ...... .... ..... .. ... .... .... 24 Work on a Scheduled Day Off .. .. ....... .. ....... ........... ... 24 Turn Around ....................................................... 24 CallBack .... ................... ................................ 25 New Shift Differential. ............ ........ ..... ................... ... 26

Article 15 Health & Safety .. ........... ............................. ..................... .... 26 Article 16 Meal Periods and Break Periods .. .. .. ...... .. ....... ....... ... .. ..... .. 27 Article 17 Duration ........ ... ........ .. ........... .. .. ..... ......... ... ... ...... ......... ... .. .. 27 Article 18 Salary Grid ........... ... ... .. .. ................... ... ... .... ....... .. ............... 29 Appendix "A" .......... ........ .... ....... ... ......... .. ... .. .. .. ... .. ... .. .......... .......... .. .. 31

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Article 1

1.01

Article 2

2.01

2.02

2.03

2.04

2.05

2.06

2.07

2.08

Intent

It is the purpose of this Agreement, in recognizing a common interest between the Company and the Union in promoting the utmost cooperation and friendly spirit between the Company and its employees, to set forth conditions covering rates of pay, hours of work and conditions of employment to be observed between the parties and to provide a procedure for prompt and equitable adjustment of grievances. To this end, this Agreement is signed in good faith by the two parties.

Definitions

The term "employee" as used in this Agreement shall mean any employee in a classification within the bargaining unit referred to in Article 2.11.

Whenever in the wording of this Agreement the masculine gender is used, it shall be understood to include the feminine gender.

The term "Agreement" shall mean this Collective Agreement.

The terms "Employer" and/or "Company" as used in this Agreement shall mean CKNX AM/FM Blackburn Radio Inc. in the Town of Wingham. Ontario.

The term "full-time employee" shall mean an employee who is regularly scheduled to work more than 24 hours per week, exclusive of vacation relief.

The term "part-time employee" shall mean any employee who is employed to work on a regular and recurring basis who normally works 24 hours or less per week. Additional hours worked as vacation relief shall not change a part-time employee's status.

The term "temporary employee" shall mean an employee employed to replace an absent employee or to work for a specific term or project not expected to exceed six months.

The terms "qualifications" or "qualified" shall include creativity, knowledge, experience, skill, ability, training and/or education. When exercising its right to determine "qualifications" or "qualified", the Company shall act in a bona fide and non-discriminatory manner.

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Article 2

2.9

2.10

2.11

2.12

2.13

2.14

2.15

Article 3

3.01

Definitions (Cont'd)

The term "probationary employee" shall mean an employee as defined in Articles 2.13 and 2.14 of this Agreement. ·

Recognition and Scope

The Company recognizes the Union as the sole and exclusive Collective Bargaining Agent for all employees of CKNX AM/FM Blackburn Radio Inc. in the Town of Wingham, Ontario, excluding General Manger, General Sales Manager, Program Director, News Director, Director of Engineering, Supervisor of Accounting Services, Marketing Representative, Creative Supervisor, and co-op students or students employed during the school vacation period.

The bargaining unit shall also include any new job classification introduced by the Company which the parties agree is to be included within the bargaining unit. If the parties are unable to agree as to whether the job is within or not within the bargaining unit, either party may refer the dispute to the grievance procedure at Step 2 for determination as to whether the job is within or not within the bargaining unit.

Full-time employees shall be probationary employees for a period of three months from the commencement of their employment. The Company may extend the probationary period of such employees for a further three (3) months, with the consent of the Union.

Part-time employees shall be probationary employees for a period of 480 hours. The probationary period of such employees may be extended for a further 480 hours. Such extensions may be made after notifying the employees of intention to extend the probationary period.

Time away from work during the probationary period shall not count towards the fulfillment of the three month or 480 hours requirement.

The Company may release a probationary employee at any time during the probationary period or any extension thereof provided it acts in a bona fide and non-discriminatory manner.

Management Rights

The Union acknowledges that the Company has the sole and exclusive right to manage the affairs of the Company and to direct its workforce subject only to the provisions of this Agreement.

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Article 3

3.02

Article 4

4.01

Management Rights (Cont'd)

Without restricting the generality of the foregoing, the Company has the sole and exclusive right to establish, enforce and alter from time to time rules and regulations to be observed by employees. Prior to establishing new rules and regulations and prior to altering existing rules and regulations, the Company shall notify the Union and provide the Union and staff with an opportunity to provide input into the proposed new rule or alteration.

Union Security

Notices to Union

The Company shall mail to the Union at its local office and to the Local Union Steward one copy of the following:

(a) Within ten (10) calendar days, notice of hiring , dismissal, promotion, or demotion of any employee within the bargaining unit.

(b) Notice of extension of probationary period , suspension, or any disciplinary action placed on an employee's file within the bargaining unit.

(c) The Company will furnish, upon request by the Union, two (2) copies of seniority records and wage information for negotiating purposes.

(d) The Company shall, when notifying a person of their acceptance as an employee, provide in writing their starting rate of pay and classification to which the employee is assigned. A copy of this notice shall be sent to the union in accordance with paragraph 4.01 (a) of this Agreement.

4.02 Where an accredited Union official wishes access to the Company's premises, he shall make his request to the General Manager or his designate not later than 24 hours in advance. Permission for such visits shall not be unreasonably denied provided such visits will not interfere with the normal operations of the Company. The Union official will be accompanied by an appointed Company management representative.

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Article 4

4 .03

Union Security (Cont'd)

Bulletin Board

The Company agrees to the posting by the Union on a designated bulletin board and/or via Company email, of announcements regarding Union elections, meetings and intemal affairs of the Union. All other notices must first be authorized by the Company.

4.04 No material, bulletins or other documents shall be distributed on the Company premises except with prior approval of the Company.

4.05 Leave of Absence for Union Functions

Subject to business requirements and scheduling and provided it receives at least two weeks' notice, the Company will grant leave of absence without pay for not more than two (2) employees at any one time not to exceed five (5) working days to represent employees at labour conventions, congresses and conferences. The aggregate leave granted under this section shall not exceed twenty (20) days in any calendar year.

4.06 Upon request by the Union, the Company will release up to two (2) employees with pay to attend negotiation meetings with the Company. It is recognized that no more than one (1) employee from any one (1) of the following work groups will be granted this leave at the same time and that the granting of such leave is subject to operational requirements: Announcers, Newscasters, Traffic Clerks, Engineering and Creative Writers.

4.07 The Union will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the Company.

4.08 The Union shall notify the Company in writing of names of the local Union stewards and shall obtain acknowledgement from the Company of receiving such notice. The Company shall be obliged to recognize only those local Union stewards of whom it has been so notified.

4.09 During the term of this Agreement, the Company agrees to deduct monthly an amount equal to the regular Union dues as levied by the Union from each employee in the bargaining unit. The Company will be notified by mail of any changes in the present rate of deduction.

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Article 4

4.10

4.11

4.12

4.13

Article 5

5.01

5.02

5.03

Article 6

6.01

Union Security (Cont'd)

The Company agrees to remit the money so deducted to the Union monthly by cheque by the 151

h day of the month following the month for which the dues are deducted.

The Union shall indemnify and save the Company harmless from any and all claims which may be made against it by an employee or employees for amounts deducted from wages as provided by this Article.

Nothing in this Agreement precludes managers or supervisors from performing work usually performed by members of the bargaining unit. However, it is not the intention of the Company to permanently replace any current bargaining unit position by assigning all of the duties performed by the incumbent of that bargaining unit position to a manager or to a supervisor.

The Company agrees to process an annual Unifor employee assessment on behalf of Wingham unionized employees of $1 ,400 for each year commencing in Year one; payable each year on October 1st. and concluding at the end of Year 4 (May 31/22) (Total assessment of $5,600 over 4 years)

Non-Discrimination

The parties hereto mutually agree that no employee shall be discriminated against becau~e of membership, or lack of membership, or by reason of any lawful activity or lack of activity on behalf of the Union. The Company will not discourage membership in the Union, or attempt to encourage membership in another Union.

Employees shall enjoy equal rights under this Agreement, regardless of sex, colour, racial, ethnic or national origin, or religious or political affiliation, or sexual orientation, age, marital status, or disability.

Article 5.02 is subject to Section 15 of the Canadian Human Rights Act and , in respect of political affiliation, is subject to the Employer's obligation to be seen to be providing balanced, fair and objective reporting and programming.

Strike Lockout

The Union will not cause or permit its members to cause, nor will any member of the Union take part in any slowdown or strike, either sit-down or stay-in, or any other kind of strike, or any other kind of interference or any other stoppage, total or partia l. of any of the Company's operations during the term of this Agreement. The Company will not cause nor permit its employees to cause, engage in, or permit a lockout of any of its operational locations during the term of this Agreement.

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Article 7

7.01

7.02

Grievance Procedure

For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

It is the mutual desire of the parties hereto that grievances of employees shall be adjusted as quickly as possible. Such grievances may be taken up in the following manner and sequence:

Complaint:

Not more than five (5) calendar days after the circumstances giving rise to the complaint, the employee involved along with a steward if the employee requests shall first take the matter up with his immediate supervisor who will attempt to resolve it. Failing settlement or failing a response, the matter may be then taken up as a grievance within five (5) calendar days following the immediate supervisor's response.

It is understood that an ·employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Where the grievance procedure is invoked it shall proceed in the following manner and sequence:

Step 1

The grieved employee, who may be accompanied by his Steward if the employee wishes, shall present his grievance in writing to his immediate supervisor. The grievance shall include the nature of the grievance, the remedy sought and the provisions of the Collective Agreement which are alleged to have been violated. The immediate supervisor shall deliver his decision in writing within seven (7) calendar days following the presentation of the grievance to him.

Failing settlement:

Step 2

The grieved employee, who may be accompanied by his steward if the employee wishes, shall present the grievance to the General Manager. A representative of the Union may be present at the request of either the Company or the Union and it is understood that the General Manager or his appointee may have such assistance as he may desire at such a meeting. Failing settlement, the decision of the Company shall be delivered in writing within seven (7) calendar days to the Union.

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Article 7 Grievance Procedure (Cont'd)

Failing settlement under the foregoing procedure of any grievance between the parties, such grievance may be submitted to arbitration as hereinafter provided.

It is agreed that a policy grievance arising directly between the Company and the Union shall be originated in Step 2 within five (5) calendar days after the circumstances giving rise to it first occurred or originated. The time limits set out in Step 2 shall appropriately apply. No matter which could be grieved by an individual employee shall form the basis of a grievance under this paragraph.

The claim by an employee who has completed his probationary period that he has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged with the Company by the employee or Union within five (5) calendar days after the discharge is affected. A meeting will then be held in accordance with Step 2 and the procedures of the grievance procedure shall thereinafter apply.

Arbitration:

Within ten (1 0) days of the Step 2 decision, the Union may, by written notice to the Company, submit the grievance to final and binding arbitration. The parties shall, within thirty (30) calendar days of the sending of the notice requesting arbitration, select a mutually acceptable arbitrator within these thirty (30) calendar days, failing an agreement or a mutually acceptable arbitrator, the Federal Minister of Labour shall be requested by either party to appoint the arbitrator. The cost and/or expenses of the arbitrator shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the cost of stenographic transcript without express consent.

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

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

The decision of the arbitrator will be final and binding upon the parties hereto and the employee or employees concerned .

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Article 7

Article 8

8.01

8.02

8.03

8.04

8.05

Article 9

9.01

9.02

Grievance Procedure (Cont'd)

The time limits fixed in this Article are mandatory and may be extended only upon the written mutual consent of the parties.

Report on Performance

An employee upon reasonable request, but not more often than once every six (6) months may review his personnel performance file in the presence of his Department Manager.

The parties recognize that the on-air performance of the employees is critical to the success of the Stations and that the assessment of that performance is inherently subjective. The parties agree, therefore, that the Company shall be the sole judge of an on-air employee's acceptability. Notwithstanding any provision of this Agreement, the Company shall have the right to release an on-air employee whose performance it determines is not or is no longer acceptable.

In exercising its right under 8.02 to be the judge of an on-air employee's acceptability, the Company shall act bona fide and in a non­discriminatory manner.

Employees released by the Company pursuant to Article 8.02 will receive severance pay in the amount of four (4) weeks regular pay for each completed year of service up to a maximum of 78 weeks.

Disciplinary notices will be removed from the employee's file eighteen (18) months following the issuance of the notice, provided the employee has received no further discipline within that period.

Seniority Rights

Seniority for full-time employees shall be defined as the length of continuous fulltime employment from the date of last hire with the Company or any of the predecessor companies. Seniority for part-time employees shall be defined as the number of hours worked from the day of last hire with the Company or any of the predecessor companies. Separate seniority lists shall be maintained for full-time and part-time employees. For the purpose of comparison only, eighteen hundred (1800) hours of part-time employment shall be considered equivalent of one (1) year of full-time employment.

Seniority shall not be established until the probationary period or any extension thereof as set forth in Article 2 has been served but shall then count from the date of last hire.

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Article 9 Seniority Rights (Cont'd)

9.03 Seniority will accumulate during any approved leave of absence of up to one ( 1) year.

9.04 Seniority rights of an employee shall cease and he shall be deemed terminated for any of the following reasons:

(a) Leaves of his own accord or is retired; (b) Is discharged and the discharge is not reversed through the grievance

and/or arbitration procedure; (c) Where he has not been actively at work for a period in excess of the

applicable period set forth in Article 9:14; (d) Uses a leave of absence for the purposes other than those for which the

leave of absence was granted ; (e) Fails to return to work from layoff within seven (7) calendar days from

the date of the notice the return was delivered to the employee's last known address.

9.05 No employee shall be permanently transferred to a position outside the bargaining unit without his consent, and the employee will not be penalized for such refusal.

9.06 Job Posting

Where the Company decides to fill a vacant bargaining unit position on a permanent basis, such vacancy shall be posted a minimum of five (5) days prior to filling the position. A posting shall state the classification, primary functions and qualifications of the position.

9.07 Vacancies within the bargaining unit shall be based upon qualifications established by the Company. The Company shall award the position to the applicant who best meets the qualifications it has established for the position. Where there are two or more applicants who are relatively equal with respect to the established qualifications, the position shall be awarded to the employee with the most Company seniority.

9.08 Where there is no bargaining unit applicant who satisfactorily meets the level of qualifications established for the position, the Company may hire from any source.

9.09 The Company will , upon request, meet with an unsuccessful applicant to discuss with the employee the reasons why he/she was unsuccessful.

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Article 9 Seniority Rights (Cont'd)

9.10

9.11

9.12

9.13

9.14

An employee promoted to fill a vacancy in a higher classification shall be on a trial period in such classification for a period of three (3) months, however, the period may be extended up to a total of six (6) months after discussion between the Union and the Company. The Company may at any time during this trial period, return the employee to his/her former classification with no loss of seniority. Any other employee affected by the employee's return will also be returned to his or her former classification or status. At the conclusion of a successful trail period the employee will be advised in writing that his/her promotion has been made permanent.

When employees are to be laid off, such layoffs shall first be considered on the basis of seniority within the same job classification. Part-time and full-time employees occupy distinct job classifications for these purposes. Where the senior employee within the job classification affected best meets the qualifications for the remaining job or jobs, the senior employee shall be retained.

A full-time employee about to be laid off and who is qualified to perform another job, may apply to have his seniority applied to another equal or lower-paying full-time or part-time job. A part-time employee about to be laid off and who is qualified to perform another job, may apply to have his seniority applied to another equal or lower-paying part-time job. Where the employee applying is at least then as qualified as the other and less senior employee, the senior employee may exercise his Company seniority.

In exercising its right under Article 9.11 to determine the employee who best meets the qualifications, and its right under Article 9.12 to determine the employee who is at least then as qualified, the Company shall act bona fide and in a non-discriminating manner.

Recall from Layoff

Employees will retain seniority and have recall rights as follows:

(a) Employees who have successfully completed their probationary period and any extension thereof and who have been employed for a period of less than five (5) years shall retain seniority rights for six (6) months.

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Article 9 Seniority Rights (Cont'd)

(b) Employees who have been employed for a period of more than five (5) years shall retain seniority rights for twelve {12) months.

9.15 The Company's responsibility will be considered fulfilled if the Company gives notice of recall either by personal delivery to the employee's last known address or by registered mail to such address.

9.16 The Company will provide four (4) weeks' notice to the Union and to affected employees in the event of a layoff of full-time employees.

9.1 7 When a vacancy occurs and the Company decides to fill the position, the Company will endeavor to fill the vacancy from amongst qualified employees on layoff who have recall rights.

9.18 An employee, when resigning, will give the Company two (2) weeks' notice in writing.

9.19 In the event an employee is transferred to a position in the Company not covered by this agreement, seniority shall be considered unbroken if he returns to the status of an employee within one (1) year or if he returns to the status of an employee after one (1) year has elapsed, his seniority upon returning shall be that which he had on the effective date of such transfer.

9.20 Employees who have been laid off and whose recall rights have expired shall receive any severance to which they are entitled under this agreement.

9.21 Benefit coverage for employees laid off shall cease at the end of the month following the month in which they are laid off.

9.22 Employees entitled to severance pay under 9.20 shall receive 3 weeks regular pay for each completed year of service up to a maximum of 52 weeks.

9.23 Clauses 9.06, 9.07, 9.08 and 9.17 do not apply to vacancies for on-air positions. In filling vacancies in on-air positions, the Company may consider internal and external candidates. In selecting the successful candidate, the Company will act bona fide and in a non-discriminatory manner.

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Article 10 Technological Change

10.01 Sections 51 through 55 of the Canada Labour Code shall apply in the case of technological change.

Article 11 Employee Benefits

11 .01 Employees who have been employed for at least three (3) months are eligible to participate in the employee benefits listed in appendix 'A'. With the exception of L TO, the Company will pay 75% of the premiums on behalf of participating employees. Employees will pay the other 25% of the premiums through payroll deduction. Employees will pay 100% of the premiums of the LTD plan through payroll deduction. The list in Appendix 'A' is provided for information only. Eligibility for any of the benefits listed there is subject to any applicable deductibles and to the terms and conditions of the various insurance plans. Eligibility is determined by the insurance carriers. The Company may change insurance carriers for any of the benefits provided that the overall level of benefit is not thereby decreased.

11 .02 Short & Long Term Disability

It is the intent of this policy to provide protection from a loss of income resulting from a legitimate sickness or injury.

1. (a) Full time employees who have completed three (3) months of employment are eligible to receive regular weekly earnings for up to twenty-six (26) weeks. Included are full time contract/temporary employees who are expected to be employed for a period of six (6) months or longer.

(b) Benefits (and the cost sharing arrangement) that are in place at the time of the illness/injury will continue during the short term disability period.

(c) Extensions of this benefit beyond twenty-six (26) weeks may be considered in individual cases taking into account decisions reached to date on similar cases, availability of Government administered illness and/or disability benefits, years of service, compassionate and other factors.

2. (a) Regular part time employees who are employed for one year, and who average 18.75 hours per week over the previous six (6) month period are eligible to receive regular weekly earnings for those days they are normally scheduled to work for up to two (2) weeks. Afterwards, the employee may apply for Employment Insurance sickness benefits

Article 11 Employee Benefits (Cont'd)

for an additional fifteen (15) weeks. Eligibility for El sickness benefit is determined by the local Human Resource Centre of Canada.

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(b) Benefits that are in place at the time of the illness/injury will continue during the short term disability period. While payroll deductions will continue for the first two (2) weeks of illness, the Company will pay full benefit costs for employees during the additional fifteen (15) week period.

(c) In instances of short term illness where part time employees do not qualify for these benefits, management upon request will attempt to reschedule working time in an effort to help protect the employee's earnings. If this is not practical, part time employees may apply for Employment Insurance sickness benefits. Eligibility for El sickness benefits is determined by the local Human Resource Centre of Canada.

3. (a) In the case of a new illness/injury, full benefits will be provided after the employee returns to work for one ( 1) month.

(b) In the case of a recurring illness/injury, full benefits will be provided after the employee returns to work for three (3) months.

4. Long term disability (L TO) benefits may be available to eligible full time employees after twenty-six (26) weeks of sickness/injury. Eligibility for L TO is determined by the insurance carrier. A description of the L TO coverage is outlined in the Company's benefits booklet.

5. Employees must report all absences directly to their supervisor/manager as soon as possible, but no later than the start of any shift and at regular intervals thereafter.

6. (a) A doctor's certificate may be requested at any time to justify absences from work, however a doctor's certificate must be submitted in all cases of absence exceeding five (5) consecutive working days. Supplementary doctor certification may be required for extended absences.

(b) If the frequency of absences appears excessive, a manager may request a doctor's certificate at any time.

7. In any event, the Company has the right to obtain detailed medical evidence of sickness from a doctor of its choice, or seek an early

Article 11 Employee Benefits (Cont'd)

claims adjudication with the long term disability insurance carrier prior to the payment of benefits or at any time while short term disability benefits are being paid. If required, the individual and Company will mutually agree upon a neutral physician whose independent medical opinion will be final.

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8. (a) In cases that involve Worker's Compensation (WSIB), the benefits received from WSIB will be reimbursed to the Company during the twenty-six (26) week short term disability period.

(b) If an employee is injured outside the course of employment, and another party other than the Company is responsible, the short term disability benefit will be considered an advance to be reimbursed and recovered by Blackburn Radio Inc. The employee must advise the Company of the particulars of such injury and the cause within (1) one week of sustaining the injury. Upon receipt of compensation from the other party, the employee shall reimburse to the Company an amount equivalent to the benefit paid under this policy_

Any legal expenses incurred during the course of recovery by the employee will be deducted from the amount repayable to the Company. In the event the amount received is greater than the amount of the advance, the legal expenses will be deducted from the amount repayable on a prorated basis.

9. Before an employee receives any payment from WSIB or any income replacement pursuant to the Ontario Motorist Protection Plan, the employee shall guarantee in writing (refer to the Reimbursement Agreement below) that the Short Term Disability Benefits paid to the employee will be reimbursed and recovered by the Company as outlined in this policy.

10. Abuse of sick leave is serious misconduct which will be subject to disciplinary action up to and including termination of employment.

11 . Decisions or questions regarding the interpretation of this policy are to be made by the Vice President and General Manager and Human Resources.

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REIMBURSEMENT AGREEMENT SHORT TERM DISABILITY BLACKBURN RADIO INC.

I HEREBY ACKNOWLEDGE THAT I AM AN EMPLOYEE OF Blackburn Radio Inc. and may be eligible for short term disability benefits in accordance with the applicable plan.

I understand that benefits payable are integrated as specified with disability benefits from WSIB and income replacement benefits pursuant to the Ontario Motorist Protection Plan.

IN WITNESS WHEREOF each of the parties hereto have caused this Agreement to be signed by its duly authorized representatives.

I agree to notify my direct supervisor immediately of the amount of any benefits from WSIB and income replacement benefits pursuant to the Ontario Motorist Protection Plan and the date it is effective.

In consideration of the willingness of Blackburn Radio Inc. to make full, but contingent payments of short term disability benefits to me in accordance with the terms of the applicable plan, I as well as my heirs, executors, administrators and assigns, undertake and covenant with Blackburn Radio Inc. that any disability benefits subsequently received by me from WSIB and income replacement benefits pursuant to the Ontario Motorist Protection Plan, which result in a payment in excess of the eligible benefits will be reimbursed to and recovered by Blackburn Radio Inc. and may be used to offset or reduce, dollar for dollar, any future benefits otherwise due from Blackburn Radio Inc.

Signed _______ _________ _ _

Date _____ ___ ____________ __

Witness -------------------

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Article 11

11 .03

Employee Benefits (Cont'd)

Bereavement Leave

The intent of this article is to provide employees time off from work when there is a death in their "immediate" family.

Immediate Family

Immediate Family is defined as follows for the purposes of this article:

father mother sister brother spouse* child(ren)

step-father step-mother step-brother step-sister step-children sister-in-law

father-in-law grandchildren mother-in-law great grandchildren son-in-law grandparents daughter-in-law great grandparents brother-in-law grandparents-in-law great grandparents-in-law

*(includes common-law spouse and his/her family as noted above)

Also included is any relative permanently residing in the employee's household or with whom the employee resides.

Eligibility

All employees who have been employed ·for three (3) consecutive months are entitled to bereavement leave with pay. Employees who have been employed for less than three (3) months are entitled to leave without pay.

Bereavement Leave Entitlement

In the event of a death in the immediate family, employees are entitled to leave on any normal or scheduled working day that falls within the three­day period immediately following the day the death occurred. Time off provided to be consistent with the needs of the individual, normally up to three (3) days. Requests for time off are to be handled by the department manager or designate.

Extended Time Off or Other Deaths

Request for additional time off or time off for the death of someone other than an immediate family member are to be made to the department manager in writing, when possible, or otherwise clearly

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Article 11 Employee Benefits (Cont'd)

stated to avoid misunderstanding, Where disruption to operating requirements and other staff are minimal, an attempt will be made to arrange for the requested time off by rescheduling vacation periods, using "booked time" or making arrangements for leave without pay. Final decisions regarding the interpretation of this article are to be made by the General Manager.

11 .04 Child Care Leave

This policy provided information regarding our Child Care Leave programs which include maternity leave and parental leave.

Full-time, temporary and part-time employees who have been employed for six (6) consecutive months before the estimated "due date" of the birth of the child, or the day the child comes into the employee's care or custody are eligible for these benefits.

Maternity Leave

The Company will provide an unpaid leave of absence of seventeen (17) weeks for maternity leave.

Parental Leave

The Company will p-rovide an unpaid leave of absence of up to thirty­seven (37) weeks or extended unpaid leave of sixty-three (63) weeks to either parent, whether natural or adoptive. This leave of absence can be taken by one parent or shared by both parents to a maximum of thirty­five (37) or sixty-three (63) weeks.

Guidelines

1. Employees requesting either of these leaves or changing the return date while on leave, must advise their manager in writing at least four (4) weeks in advance. The request for child care leave must be accompanied by either a statement from the doctor estimating date of delivery for maternity leave or a statement from Family and Children Services or the adoption agency indicating when the employee intends to adopt the child.

2. Upon return from leave, the employee will be:

(a) Reinstated to their former position or a comparable position at the same location.

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Article 11 Employee Benefits (Cont'd)

(b) Receive the same level of wages, benefits and service credits.

(c) Receive the same level of vacation entitlement.

3. If wage levels or benefits are adjusted while an employee is on leave, those adjustments will be reflected in their compensation entitlement upon return to work.

4. The pension credits, health & disability benefits and the seniority of any employee who takes a child care leave of absence shall accumulate during the entire period of the leave.

5. An employee may ensure continued coverage of their benefits by making a request in writing and arranging payment of their share of the premiums. Benefits of the Company short term sickness income protection are not applicable in cases of maternity/parental leave.

However, if an employee does not wish to pay their share of premiums, or contribute to their pension, the period of leave will not be considered continuous for the purpose of calculating pension credits.

An employee must elect in writing to continue benefits or waive participation in the plans.

6. While on leave, the employee's employment is considered to be continuous for the purpose of establishing vacation time.

7. The Company will provide an employee who commences maternity/parental leave with one supplemental payment equal to two (2) of the weekly El benefits for the Employment Insurance waiting period. Payment will be provided upon receipt of a copy of the first Employment Insurance cheque received. An employee who terminates employment during or at the conclusion of the maternity/parental leave, or less than one month after completing the leave, must reimburse the Company for any supplement received.

8. Upon written request, the Company will provide the employee with information regarding opportunities for training or promotion that arise during their absence.

9. Employment Insurance benefits are available during portions of maternity and parental leave. More information and applications are available at the Employment Insurance office.

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Article 11

10.

Employee Benefits (Cont'd)

Employees who have not been employed for the qualifying period of six (6) consecutive months of employment prior to the estimated date of the arrival of the child will be considered for re-employment with the Company as openings occur.

11 . Provisions set out in the applicable government legislation are recognized under this policy.

Article 12 Travel Expenses

12.01 Employees are encouraged to use CKNX station vehicles while on company business. However, there will be occasional situations when personal vehicles will be required, if authorized by supervisory staff.

12.02 Employees operating personal vehicles on company business will be paid Forty Two cents (42¢) per kilometer for costs incurred in the operation of the vehicle.

12.03 Supervisory employees are responsible for ensuring that the employee carries public liability and property damage insurance of at least $1 million.

12.04 While operating vehicles on company business, employees are expected to obey·the law and exercise courtesies of the road which contribute to the safety and pleasures of driving. Any fines received are the sole responsibility of the employee.

12.05 It is a condition of employment for all employees whose duties require the operation of company vehicles that they provide a copy of their current driver's abstract and that they be approved by the company's insurer. The company will reimburse the employee for the cost of obtaining the abstract.

Article 13 Paid Vacations and Paid Holidays

13.01 Full-time employees who have not completed one (1) full year of service as of December 31st will receive one (1) days pay for every completed month of service to a maximum of ten days.

13.02 Full-time employees who have completed one (1) year of service and fewer than five years of service as of December 31 5 will receive two (2) weeks of paid vacation.

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Article 13 Paid Vacations and Paid Holidays (Cont'd)

13.03 Full-time employees who have completed five (5) years of service but fewer than ten years of service as of December 31st will receive three (3) weeks of paid vacation.

13.04 Full-time employees who have completed ten (10) years of service but fewer than eighteen years of service as of December 31st will receive four (4) weeks of paid vacation.

13.05 Full-time employees who have completed eighteen (18) or more years of service as of December 31st will receive five (5) weeks of paid vacation.

13.06 Vacations will be scheduled by the Company taking into account the employee's preference and seniority. On-air personnel shall not take their vacation during the fall ratings.

13.07 Articles 13.01 through 13.06 are applicable to full-time employees only. Part time employees are entitled to vacation pay (paid every January) equal to the appropriate percentage of wages as set out below during the period January 1 to December 31 .

Completed years of service as of Dec 31

Fewer than 5 years 5-9 years inclusive 1 0-18 years inclusive 19 or more years

13.08 Paid Holiday

% of earnings

4% 6% 8% 10%

The following eleven (11) days will be recognized as a statutory or company holiday each year. Days of the week on which holidays are observed will be designated by the Company.

New Year's Day Canada Day Thanksgiving Day *Floater Day

Good Friday Civic Holiday Christmas Day Family Day

Victoria Day Labour Day Boxing Day

Employees qualify for a floater day when they have completed probation. Employees hired after September 1, 2009 will qualify for a floater when they have completed one year of active employment.

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Article 13 Paid Vacations and Paid Holidays (Cont'd)

The floater holiday is to be scheduled at a time mutually agreed by supervisors and employees, well enough in advance for staffing arrangements to be made. Unless there are special circumstances, the floater day must be taken in the calendar year to which it applies or a cash payout will be substituted in February of the next calendar year. Only one floater day will be granted each calendar year. This includes cases where employees terminate and are rehired.

13.09 Full-time Employees

Those not required to work on a holiday will receive the full day off with pay.

Those required to work will receive full basic pay for the holiday as well as:

(a) Pay for hours worked at the rate of time-and-a half, or

(b) Time-and-a-half off work; the time off to be provided on a day(s) mutually agreeable to the employee and the supervisor. Such time off will recognize the needs of production.

(c) Regardless of the number of hours worked on a statutory holiday, employees who work will receive a minimum of four (4) hours' pay at time-and-a-half rates.

(d) Employees, in consultation with their supervisor, may elect at each January 1 to accumulate pay or time off earned by working on statutory or Company holidays. The accumulated pay or time off is normally to be taken by each December 31.

13.10 Part-time Employees

Part-time employees who have worked fifteen (15) of the preceding thirty (30) days before a holiday are to receive pay for the holiday at the regular daily rate. Part-time employees who do not meet the qual ifying period are to receive pay for the holiday equal to 1120 of the wages earned in the thirty (30) calendar days immediately preceding the holiday. Part-time employees who work on a statutory holiday are to be paid at time-and-a-half rates for the number of hours worked, as well as holiday pay if entitled.

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Article 13 Paid Vacations and Paid Holidays (Cont'd)

13.11 Supervisory personnel is to select employees to care for duties on a holiday and when doing so will have due regard to maintaining fair and equitable distribution of work. It is the duty of each employee to work when requested.

13.12 For the night shift employees, the holiday will be observed on the shift which begins on the holiday itself.

13.13 When any of the above holidays fall on a regular day off or during vacation for any employee, another day off shall be arranged by mutual agreement between the individual and supervisory staff concerned. ln the event production is threatened by providing time-off, a day's pay may be substituted.

Article 14 Hours and Scheduling of Work

14.01 lt is understood and agreed that the provisions of this Article are only to provide a basis for calculating overtime compensation and nothing herein or in this Agreement shall be considered as a guarantee as to the hours of work per day or per week, or the days of work per week.

14.02 All authorized hours worked in excess of eight (8) hours in a day or forty (40) hours in a week shall be compensated at the rate of time and one half (1 -1/2) the employee's basic hourly rate.

14.03 Posting Schedules

Work schedules shall be posted no later than 4:00 p.m. two (2) Fridays prior to the week covered by the work schedule. Employees will be given as much notice as is practical of any changes to the posted schedule.

14.04 Work on a Scheduled Day Off

Where an employee is required by the Company to work on his scheduled day off, all work performed on that day shall be compensated at one and a half (1 -1/2) times the employee's basic hourly rate, with a minimum credit of four (4) hours. This provision shall not apply in the case of a call back.

14.05 Turn Around

A turn around period is a period of ten (10) hours between the end of one (1) shift and the commencement of the next shift.

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Article 14 Hours and Scheduling of Work (Cont'd)

14.06 To the extent that time worked by an employee encroaches on a turnaround period , as referred to in Article 14.05 above, the start time of his next shift may, by mutual agreement between the employee and his Department Manager, be adjusted to the extent of the encroachment.

14.07 Where the scheduled start time of the employee's next shift is not adjusted by mutual agreement, the employee shall be compensated at the rate of one and one-half (1-1/2) time the employee's basic hourly rate for each hour of such encroachment.

14.08 No payments shall be made for the following encroachments;

1. On a shift where an employee is released from duty or rescheduled to attend negotiations or grievance meetings with Management.

2. Where the encroachment occurs as a result of overtime work.

3. Where the encroachment occurs as a result of a call back.

14.09 Call Back

An employee called back to work, after having completed his shift of work on the day in question, shall be paid at the rate of one and one-half (1-1/2) times his basic hourly rate with a minimum credit of four (4) hours, at his basic hourly rate. The minimum call back credit shall apply once only during any twenty-four (24) hour period.

14.10 Where the Company agrees, employees entitled to premium pay pursuant to 14.02, 14.04 or 14.09 may elect to receive paid time off in lieu of the premium pay, The lieu time shall be banked to be taken at a time mutually agreed between the employee and his or her supervisor.

14.11 Employees unable to attend work because of inclement weather or road closures will not be paid. The employee may, with permission of his/her supervisor, use a vacation day or floating holiday, if available, for the day.

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Article 14

14.12

Hours and Scheduling of Work (Cont'd)

New Shift Differential

Employees who are scheduled to work between the hours of 12:00 am and 6:00 am will be entitled to a night shift premium of $1 .20 an hour for all hours worked within that period.

Article 15 Health and Safety

15.01 The Company will endeavor to carry out its operation in a manner that will not endanger the health and safety of its employees and shall adopt and carry out reasonable procedures and techniques designated or intended to prevent or reduce the risk of employee injury in its operation. It shall be the duty of an employee to take all reasonable and necessary precautions to ensure his own safety and the safety of his fellow employees. Working areas and employee's facilities will be maintained in a clean and sanitary condition by the Company, and shall meet the minimum conditions outlined in the Canada Labour Code. It is recognized and agreed that the employees will cooperate in keeping such facilities clean and sanitary.

15.02 Having due regard to the health and safety, and having regard for the work to be performed, the Company agrees to try to schedule the work load so that any individual employee is not unnecessarily and repeatedly scheduled to work excessive overtime hours.

15.03 No employee shall be required to work under dangerous conditions. Where dangerous work is involved, all reasonable safety and precautionary measures shall be taken by the Company and the employee.

15.04 It is understood that an employee has the right to refuse to work where he has reasonable cause to believe dangerous conditions prevail as described in the Canada Labour Code.

15.05 The Company agrees to supply protective clothing and/or safety devices for employees on assignment where conditions require their use for reasons of health and safety, and the employee shall wear or use such protective clothing or use such safety devices.

15.06 At the sole discretion of the Company, it may replace or repair an employee's clothing if it is determined that it was damaged through no fault of the employee.

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Article 15 Health and Safety (Cont'd)

15.07 The Company shall provide and adequately maintain such First Aid Kits as required by Labour Canada.

15.08 Where pursuant to Article 15.04 an employee refuses to work he shall forthwith report his refusal pursuant to Section 128(6) of the Canada Labour Code.

15.09 It is agreed that a Joint Safety and Health Committee will be established pursuant to the Canada Labour Code.

15.10 The Company shall reimburse the course fees for one (1) bargaining unit person who successfully completes an Emergency First Aid Course or St. John's Ambulance Course while employed by the Company.

Article 16 Meal Periods and Break Periods

16.01 With the exception of on-air employees, employees shall receive one (1) hour unpaid meal period, which shall occur approximately at the half-way point of their respective shifts.

16.02 In the case of on-air employees the Company shall continue its policy of permitting meals to be consumed at convenient periods throughout the shift.

16.03 The parties recognize the principle of a break period. It is further recognized that it is not practical to prescribe specific break periods. Accordingly, the parties agree that the existing flexible arrangements will continue in effect. The arrangement shall not be abused .

Article 17 Duration

17.01 This agreement shall remain in force until May 31 51 2022, and shall be renewed automatically from year to year thereafter unless either party notifies the other, by registered mail, not more than 120 days and not less than 30 days prior to the date of expiry of its desire to commence collective bargaining for the purpose of renewing or revising the agreement or entering into a new agreement.

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Unifor And it's Local 591G

CKNX AM/FM Blackburn

ZJ::m

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Article 18 Salary Grid

GROUP 2..33% 2.33% 2.33% 2.33%

Full Time Effective Effective Effective Effective

June 1/18 June 1/19 June 1/20 June 1/21

W17 -Morning Announcer

Start 773.37 791.39 809.83 828.70

3 years 870.03 890.30 911.05 932.28

6 years 966.69 989.22 1012.27 1035.85

W16- Senior Edltor[Announcer

Start 741.14 758.41 776 .08 794.16

3 years 833.78 853.20 873.08 893.43

6 years 926.43 948.02 970.10 992.71

WlS- Senior Farm Editor[Commercial Writer[Co-ordinator

Start 698.74 715.03 731.69 748.73

3 years 786.08 804.40 823 .14 842.32

6 years 873.40 893.75 914.58 935.89

W14 - Announcer, Newscaster[Regorts, Sgorts,Edltor[Regorter

Start 666.52 682.05 697.94 714.20

3 years 749.81 767.28 785.16 803.46

6 years 833.14 852.55 872.42 892.74

W13 - Radio Technologist

Start 636.00 650.82 665.99 681.50 3 years 715.48 732 .15 749.21 766.67

6 years 794.97 813.50 832.45 851.85

W12- Creative Producer

Start 60S.46 619.56 634.00 648.77

3 years 681.15 697.02 713.26 729.88

6 years 756.83 774.46 792.51 810.97

Wll- Commercial Writer

Start 576.62 590.06 603.81 617.88

3 years 648.71 663.83 679 .29 695.12

6 years 720.79 737.58 754.77 772.36

W09 - Promotions Co-ordinator

Start 562.50 575.61 589.02 602 .74

3 years 582.92 596.50 610.40 624.62

6 years 647.68 662.77 678.21 694.02

WOB - Music Co-ordinatorLTraffic[BIIIing Ogerator

Start 562.50 575.61 589.02 602.74

3 years 576.56 590.00 603 .74 617.81

6 years 609.43 623.63 638.16 653.03

W06- Recegtionist[Accounts Pa¥able

Start 562.50 575.61 589.02 602.74

3 years 573.19 586.54 600.21 614.19 6 years 592.03 605.82 619.94 634.38

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W02- Building Maintenance

Start 562.50 575.61 589.02 602.74

3 years 570.94 584.24 597.85 611.78

6 years 576.56 590.00 603.74 617.81 --~----------------------------~~---------4-----------I-GrOUp

Part-Time

WOlA - Announcer

Start

3 years

6 years

WOlB - Operator,Writer

15.00

15.53

16.46

15.35 15.71 16.07

15.89 16.26 16.64

16.84 17.23 17.63

Federal Minimum Wage - -1 I 1. No employee shall be paid less than the applicable rate in the above grid.

2. All rates are minimums.

3. Employees performing a remote broadcast outside of their normal working hours shall receive

a flat talent rate of $200.00 or $50.00/hr. for each hour if the remote Is for less than 4 hours

or if the remote is for over 4 hours exclusive of all associated travel time.

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Benefit Summary The Blackburn Group, CKNX Classification A - All Employees

Waiting Period Dependent Children Minimum# Hours

Health Benefits

3 Months Up to age 21, or age 25 if a full-l ime student at college or umversity To be eligible for benefits employee must work at least 1 Bhours/week

Your provincial health plan covers most basic hospital and medical costs. Your supplementary health benefit covers additional expenses once your provincial coverage is exhausted, or expenses that are not covered under the provincial plan

Hospital Drug Vision Care Out-of-Canada Major Medical Private Nursing Paramedical

Annual Deductible

Overall Maximum Termination Age

Dental Benefits

Basic Services

Additional Basic Major Restorative Annual Deductible Overall Ma11:imum Dental Fee Guide Tennlnation Age

D1sab1hly Benefits

Canada Pension Plan

Quebec Pension Plan Long Term Disability

Definition of Disability

Survivor Benefits

Basic life Insurance

Basic Ad & D

Dependent Life Insurance Optional Life Insurance

Survivor EKtension

100% coverage for semi-private accommodation 100% coverage for drugs which legally requ1re a written prescription 100% coverage includes lenses and frames Maximum benefit is $100/24 months 100% coverage Includes emergency treatment Limited to 51 ,000,000 100% coverage 1ncludes supplies and appliances Heanng aids llm1ted to $300/3 years 100% coverage includes for in-home private duty nursing Llm1ted to 25,000/3 years Coverage for PhySIOtherapists, Masseurs, Speech Therapists, Psychologists. Ch1ropractors, Osteopaths, Naturopaths, Pod1atnsts, Chnstian Sc1ence Practitioners IS

lim1led to SSOO/year $50 per person ($100 maximum per family). Deductible is not applicable to hospital or

Unlimited None

v1sion care

100% coverage for maintenance checllups, fillings. minor surgery, denture repairs, and complex surgery. 100% coverage for endodontics and periodontics. 50% coverage for dentures, bridgework and restorations 50% per person ($100 Maximum per family) Basic 51 ,500/year, Major.$1 ,500/year Ortho S2,000/Lifetime Payment based on 2 year's pnor Fee Guide for Ontario Age 70

Pays a monthly income ta ihe contqbutor plus a monthly income for each dependent child. Benefits start 1n the 4m month after the month of disab1hty. and continue unt1l age 65 Pays 60% of earn1ngs to a maximum of $8,000/month Payments are offset by workers' compensation and CPP/QPP Pnmary benefits Benefits start after 120 days of total disab11ity and continue to age 65 or prior recovery Evidence of insurability JS requ1red for amounts 1n excess of $5,000/month Coverage apphes to any medical cause of disab1hty, including pre-ex1stmg cond1llons Based on dulles of your "own occupation" for firlit 24 months of benefits

2x annual earnmgs, to a maximum of $100,000. Age Reduction· Reduce by 50% at age 65. Tem11nalion Age Age 70 Matches Life Benefit Provides a benefit in the event of accidental death, dismemberment or paralysis due to

acc1dent Termination age: Age 65 Flat benefit of $20,000/spouse and $10.000/each dependent child Available through payroll deductions in un1ts of $10,000 to a maximum of 5200,000. Low cost alternative to personal insurance polic1es or mortgage ~nsurance If you have family health or dental coverage, th1s may be continue for up to 24 months

after your death, at no cost of your surviving dependents. Some restrictions apply

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