COLLECTiVE AGREEMENT

BETWEEN

COUNCIL OF PRINTING INDUSTRIES OF CANADA

on behalf of

hereinafter referred to as the "Company"

and

FILE No. .;)_ 2 g _ 0 1 '2-/ CERT. FILE

RECEIVED.

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA, LOCAL 91-0 THE TORONTO TYPOGRAPHICAL UNION

hereinafter referred to as the

ounionn

Effective May 01, 2004 to April 30, 2007

OFFICE OF

JlJL I 9 2004 COLLECTIVE BARGI>JNING INFORMATION

INDEX

TITLE ARTICLE PAGE

Benefit Plan and Long Term Disability Plan 21 18

Bereavement Leave 22 18

Classifications 14 12

CEP Humanity Fund 29 23

CEP Multi-Employer Pension Plan (Canada) 25 20 Duration and Termination 1 2 Employee Savings Plan 31 23 Grievance Procedure 10 6

Health and Safety 9 6 Hiring 3 3

Jury Duty and Subpoenaed Crown Witness 23 19 Leave of Absence 30 23 Management Rights 7 5 New Shifts- New Starting Times 20 17 Non-Discrimination 28 23 No Strikes or Lock-outs 8 6 Notice of Termination and Severance Pay 33 24 Overtime Conditions 17 15 Overtime Rates 16 16 Paid Vacations 11 8

Payment of Retroactive Wages 32 24 Plant Holidays 12 10 Preamble 2 Premium Rates 19 17 Recognition and Jurisdiction 5 4 Retraining and Technological Change 26 21 Scale ofWages 18 17 Seniority - Transfer, Lay-Off and Recall 15 13 Struck Work Clause 4 3 Supplemental Unemployment Beneftt Plan 27 21 Union Dues - Checkoff 24 19

Union Membership 2 2 Unit Chairperson 6 5

WorkWeek 13 11

Letter of Agreement (Apprentice/General Laws) 26 Letter of Understanding "A" 27

2

On the effective date of this Agreement, the Agreement effective May 01, 2001 to April

30, 2004 is cancelled.

Preamble

This Agreement is entered into this day of May, 2004, between Council of Printing

Industries of Canada on behalf of CARSWELL, Manufacturing Division, a division of

Thomson Canada Limited, which is hereinafter referred to as the Company, and the

COMMUNICATIONS, ENERGY, and PAPERWORKERS Union of Canada, Locai91-0,

Toronto Typographical Union, which is hereinafter referred to as the Union.

In this Agreement, words importing the masculine gender shall be deemed to include

the feminine gender; and words in singular or plural tense shall not be mutually

exclusive: except where specifically stated to the contrary.

Article 1: Duration and Termination

1.01 This Agreement shall take effect on May 01, 2004, and shall remain in

force until April 30, 2007. Upon the termination of this Agreement, the

Company will review cost, production and staff criteria and will determine

whether a further Agreement will be negotiated.

1.02 Notice of termination of this Agreement or of intention to negotiate

amendments to this Agreement may be given by any of the contracting

parties at any time during the term of this Agreement provided that sixty

(60) days notice is given.

Negotiations, if requested, shall commence within 15 days after the date

on which notice that negotiations have been requested has been given, or

as may otherwise be extended by mutual agreement.

Article 2: Union Membership

2.01 The Company agrees to employ only members of the Union in good

standing to perform all work within the jurisdiction of the Union.

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Article 3: Hiring

3.01 If, upon making application through an officer of the Union in the Union

Office, it is found that the Union is unable to supply sufficient digital

printer operators, then the Company may secure from any source such

number of employees as required to fill situations. Each employee so

hired shall work on a probationary basis and may be employed for a period

sufficient to test his qualifications, but in no event may such probationary

period exceed sixty (60) calendar days. While so employed each

probationary employee shall enjoy the full terms and conditions of this

Agreement.

New employees must join the Union and maintain their membership in

good standing for the life of this Agreement.

3.02 All "new employees" and "probationary employees" hired shall not be ·

subject to the provisions of Article 20 for a period of sixty (60) calendar

days, provided an existing employee is not deprived of his established

shit\ or starting time. For the purpose of this Article, "new employees" are

understood to be Union members who have not previously worked in the

plant.

3.03 The Company will notify the Unit Chairperson within one week of the hiring

of new employees, specifying the name, start date, position and starting

rate of such individuals.

Article 4: Struck Work Clause

4.01 The Company shall not require employees covered by this Agreement,

and the Union reserves the Employees' right to refuse, to process material

received from or destined for an office in which an authorized strike by, or

lockout of, a local union of the CEP is in progress. The Union will give the

Company 48 hours' notice that a strike or lock-out is in progress before the

processing of material may be stopped in accordance with the foregoing

provisions, provided that only work that is in progress may be further

processed during this 48-hour period. The Union agrees that any refusal

to execute struck work will be governed and limited by this Article.

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Article 5: Recognition and Jurisdiction

5.01 Recognition

The Company recognizes the Union as the exclusive bargaining agent of

all employees engaged in its Manufacturing Division in Metropolitan

Toronto coming within the jurisdiction set out in Article 5.02.

5.02 Jurisdiction

Jurisdiction of the Union is defined to include, for purposes of producing

saleable print product, the operation of Xerox DocuTech laser printers,

Oce continuous feed digital printers (including in-line finishing equipment),

and any other digital printing equipment and related in-line finishing

equipment that may be acquired by Carswell's Manufacturing Division

during the life of this Agreement.

5.03 Exceptions

No employee outside of the Union shall perform work normally done by

Union members except the General Manager, and then only in cases of:

(a) emergency; (b) experimentation, training and development.

5.04 The Company agrees to minimize the occurrence of the above situations

through ensuring that such "experimentation, training and development" is

directed towards seeing that the unionized employees become qualified in

the processes therein involved.

5.05 Further, the General Manager may from time-to-time perform work

normally done by Union members on a sporadic basis provided:

(a) the performance of such work does not occupy a majority of the

General Manager's time on a regular basis;

(b) the performance of such work by the General Manager does not result

in the layoff or reduction in normal work hours of a unionized

employee;

(c) a qualified unionized employee is not available.

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5 Article 6: Unit Chairperson

6.01 The Unit Chairperson and Deputy Chairpersons shall be elected by the

employees to represent the Union. The Unit Chair and Deputy Chairs, as

representatives of the Union, shall not be subject to discrimination by the

Company on account of actions taken by them in accordance with their

recognized duties in the administration of this Agreement.

6.02 The Chair and Deputies shall have the same obligation to observe the

terms and conditions of the Agreement. The Chair (or Deputy) may

consult a Union Officer regarding an alleged infraction of this Agreement

during working hours for a reasonable period of time upon securing the

consent of a Management representative.

Article 7: Management Rights

7.01 The Union acknowledges that it is the exclusive right of Management to:

(d) maintain order, discipline and efficiency; (e) hire, discharge, classify, transfer, promote, demote, schedule or

discipline employees provided that a claim of discriminatory promotion,

demotion or transfer, or a claim that an employee has been discharged

or disciplined without reasonable cause, may be the subject of a

grievance and dealt with as provided; (f) make, alter and enforce reasonable rules and regulations, policies and

practices, to be observed by its employees, provided that such rules,

regulations, policies and practices are not in conflict with provisions of

this Agreement; (g) determine methods to be used to ensure security of the Company's

property and equipment; (h) generally manage the industrial enterprise in which the Company is

engaged and, without restricting the generality of the foregoing, to

determine the location and extent of its manufacturing operations and

their expansion, curtailment or discontinuance, the products to be

produced at its manufacturing facility, methods of manufacture,

schedules of production, kinds and locations of machines and tools to

be used, processes of manufacturing and assembling, the engineering

and designing of its products, whether to perform or contract for work

and services, the control of materials and parts to be incorporated into

the products produced, the number of employees needed and

reasonable standards of performance.

<

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7.02 The Union acknowledges that Union rules must not conflict with

Management Rights.

7.03 Management acknowledges that it shall exercise its rights in a manner that

is fair, reasonable and consistent with the terms of this Agreement.

Article 8: No Strikes or Lockouts

8.01 There will be no strikes or lockouts during the life of this Agreement.

Article 9: Health and Safety

9.01 The Company shall observe the appropriate health and safety legislation,

including a Joint Health and Safety Committee.

9.02 The workplace will be maintained in a clean, well-ventilated, and sanitary

condition with appropriate facilities.

Article 10: Grievance Procedure

10.01 The following grievance procedure is for the purpose of settling any

question or dispute which may arise concerning the interpretation or

violation of this Agreement.

10.02 Step No. 1. When any employee or employees have a grievance they shall

in the first instance submit the difference in writing through the Unit Chair

or alternate to a Management representative and a decision will be

rendered in writing within three (3) working days. No grievance shall be

considered where the circumstances giving rise to such grievance

occurred more than five (5) working days before the filing or lodging of the

grievance.

10.03 Step No. 2. If any grievance is not successfully resolved at Step 1 to the

satisfaction of both parties, the grievance may be referred by either party

to a Joint Grievance Committee, which shall meet within five (5) working

days of the receipt of the grievance in an attempt to resolve the grievance.

10.04

10.05

1006

10.07

10.08

10.09

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Step No. 3. Within five (5) working days after a Step 2 meeting and prior to

proceeding to arbitration, the Union and the Company will consider

utilizing a Grievance Mediation process in an attempt to resolve any

outstanding grievance. There must be mutual agreement in writing from

both parties in order to proceed with the Grievance Mediation process.

The Union and the Company will equally share the cost of retaining a

Grievance Mediator. The Grievance Mediator shall be selected by mutual

agreement of both parties. In the event that there is no mutual agreement

or there is a failure to resolve the grievance by the Grievance Mediation

process, the Union or the Company has the right to proceed to arbitration

no later than seven (7) working days after the meeting with the Grievance

Mediation Officer.

If the parties do not agree to utilizing a Grievance Mediation Officer, the

grievance may be referred to arbitration no later than seven (7) working

days after the decision at Step 3.

All disputes, except Company and Union or discharge grievances, shall be

subject to the above procedure and must be presented in the manner set

forth within five (5) working days of their occurrence. Company and Union

Grievances shall commence at Step 2.

Meetings for the processing of grievances shall be scheduled by

agreement of proper representatives of the Company and the Union.

In the event an employee claims to have been unjustly discharged, a

written grievance may be presented through the Union within three (3)

working days of such discharge. The processing of such grievance shall

commence at Step 2.

Arbitration. Where a difference arises between the parties relating to the

interpretation, application or administration of this Agreement, including

any question as to whether a matter is arbitrable, or where an allegation is

made that this Agreement has been violated, either of the parties may,

after exhausting the grievance procedure, notify the other party in writing

of its desire to submit the difference or allegation to a single arbitrator.

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The arbitrator shall be appointed within thirty (30) days by mutual

agreement of the parties. If the parties cannot agree on an arbitrator, the

appointment shall be made by the Minister of Labour for Ontario. The

arbitrator shall hear and determine the difference or allegation and shall

issue a decision and the decision shall be final and binding upon the

parties and upon any employee affected by it.

10.10 The arbitrator shall have no authority in any way to alter, modify or extend

this Agreement or to make any decision inconsistent with its terms and

. provisions.

·10.11 The expenses and compensation of the arbitrator shall be shared equally

between the parties.

10.12 Time limits established in this Article may be changed by mutual consent

of the parties.

Article 11: Paid Vacations

11.01 All employees covered by this Agreement shall receive vacations as

follows:

Service Paid Vacations 1 Year ............................. 15 days 5 Years .......................... 20 days

16 Years ........................... 25 days

11.02 All employees with one year's service with the Company as of July 1 of the

current year shall receive three (3) weeks' vacation with full pay.

All employees with five (5) years of continuous service with the Company

as of July 1 of the current year shall receive four (4) weeks' vacation with

full pay.

All employees with sixteen (16) years of continuous service with the

Company as of July 1 of the current year shall receive five (5) weeks'

vacation with full pay.

All employees with less than one year's service with the Company as of

July 1 of the current year shall receive 4% of their gross earnings.

The term "continuous service" shall be as defined in Article15.

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11.03 In the event of termination of employment, for any reason, an employee

will be paid for outstanding vacation credits from the preceding July 1 •' on

the following basis (refer to Article 11.02):

Article 11 . 02 1st paragraph up to 6% of gross earnings

2"d paragraph up to 8% of gross earnings

3'd paragraph up to 1 0% of gross earnings

4'" paragraph up to 4% of gross earnings

11.04 Two weeks of vacation shall be arranged as far as possible between April

1 and October 15 according to seniority standing. The third, fourth and

fifth weeks for those who qualify under this Article may be scheduled at

separate times at the option of the Company. Three, four or five weeks of

vacation may be taken consecutively only upon mutual consent.

Vacation requests received before March 31 will be scheduled on a

seniority basis and a list will be posted. Thereafter, vacation requests will

be scheduled on a first come, first served basis. An employee will be

allowed to carry over (up to) five (5) vacation days to be taken in January

of the following year.

11.05 Upon request of the employee, vacation pay shall be issued at the end of

the financial week immediately preceding the vacation period.

11.06 An employee who is laid off due to lack of work, for a period not exceeding

nine (9) months, and who retains recall rights with the Company, and who

returns to work within five (5) working days of recall, except in cases of

illness, shall be considered to have continuous service for the purpose of

establishing vacation credits.

11.07 The foregoing provisions are subject to the minimum requirements of the

current Employment Standards Act (Ontario).

11.08 The Company shall hold vacation pay on behalf of any employee laid-off, if

so requested by the employee.

11.09 Any employee who has been absent for any reason for more than 350

hours during the twelve (12) months preceding July 1st of the current year

shall receive vacation with pay prorated in accordance with Article 11.03.

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Article 12: Plant Holidays

12.01 The following plant holidays shall be paid for at the regular rate when not

worked and provided the employee is at work the working day before and

the working day following that on which the plant holiday is observed,

excepting in those cases of bona fide sickness or where other

arrangements have been mutually agreed upon between the Company

and the employee: New Year's Day, Good Friday, Victoria Day, Canada

Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing

Day, and two Floating Paid Holidays. When Christmas Day falls on a

Friday, Saturday or Sunday, Boxing Day may be observed on the regularly

scheduled work day before or after the day on which Christmas Day is

observed, at the discretion of the Company.

Employees absent for rnor e llrarr sixty (6"0) vvor king days immediately

preceding the plant holiday for any reason will not be eligible for pay for

the plant holiday.

The two (2) floating paid holidays in each calendar year will be arranged

by mutual agreement between the Company and the employee(s).

12.02 When any of the above holidays fall on a Sunday the holiday shall be

observed on the following Monday. When any of the above holidays fall

on a Saturday the holiday shall be observed on any one of the following:

the preceding Friday, the Saturday, or the following Monday. If observed

on a Saturday, the employee shall receive a regular day's pay in lieu

thereof. When any of the above-named holidays fall on a Saturday, the

Company shall give one week's (7 days') notice of the day on which the

holiday will be observed.

12.03 July 1st, Canada Day, falling on a Tuesday, a Wednesday or a Thursday,

may be observed by the Company on the Monday or Friday of the week in

which the holiday occurs. The Company shall give at least one week's (7

days') notice of the day on which the holiday will be observed.

12.04 Work done on Sunday and the following Statutory Holidays shall be paid

for at double the regular rate of the shift worked: New Year's Day, Good

Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day,

Thanksgiving Day, Christmas Day, Boxing Day (as above provided), and

two (2) Floating Plant Holidays or any other that may be proclaimed by the

Federal Government. The night of a public holiday shall be understood to

be the holiday for night workers.

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12.05 Employees who work on statutory holidays shall be given a day off with

pay on a date mutually satisfactory to the employee and the Company or

one day's pay in lieu thereof.

12.06 Plant holiday pay will be based on the rate of the shift being worked.

12.07 Should a plant holiday fall during a member's vacation period an additional

day off shall be granted at a time mutually agreed upon between the

Company and the employee, or the equivalent in pay in lieu thereof.

12.08 An employee who is laid off within two (2) working days prior to a plant

holiday shall be paid for the holiday, provided the employee has

completed, immediately prior to the observance of the plant holiday, thirty

(30) working days of continuous service with the Company.

12.09 A plant holiday shall constitute one-fifth of the regular weekly hours and be

paid for at the employee's regular hourly rate. For plants operating on a

short Friday schedule, the hours of work on the day on which the short

Friday is observed shall be increased by one-half hour for each holiday

occurring in that week.

Article 13: Work Week

13.01 (a) Day Shift: The basic work week shall not exceed thirty-five (35) hours

composed of five (5) days of seven (7) hours or four days of seven and

one-half (7-1/2) hours and one (1) day of five (5) hours.

(b) Night Shift: The work week for night workers shall consist of thirty-five

(35) hours composed of five (5) nights of seven (7) hours or four (4)

nights of seven and one-half (7 -1/2) hours and one (1) night of five (5)

hours.

13.02 Scheduled work hours of individual employees must be posted and cannot

be changed during the financial week. The hours of the day shift shall be

completed between 7:00a.m. and 6:00p.m. with a basic week of five (5)

days in effect.

13.03 In the event of a plant working three (3) shifts, two (2) of the shifts shall be

night shifts. Nothing in the foregoing shall be construed as allowing night

workers commencing before the day shift finishes to be paid less than the

night rate.

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13.04 Minimum Full Shift

No employee shall be employed for less than a full shift except when

discharged for cause, or is excused at his own request, except in the case

of emergency due to uncontrollable conditions such as breakdown, fire,

accidents and early dismissal due to inclement weather etc.

13.05 Company Closure

(a) In the event of official company closure at the start of a work day due

to inclement weather, as signified by a recorded message on the

company's switchboard, employees will be entitled, in the interest of

safety, to take that day off with pay.

(b) Employees are responsible for calling the company's switchboard

(416-609-8000) for possible closure announcements, which are

normally available by 6.30 a.m.

(c) Employees who arrive at work when the company is officially closed

may remain at work (at the discretion of management) or return home.

Employees who remain at work will be paid at 2x their regular shift

rate.

(d) Paragraphs a)- c) will apply to all shifts commencing on the day of

closure, regardless of weather conditions prevailing at the time the

shift actually commences.

13.06 Lunch Period

A lunch period of at least thirty (30) minutes and not more than one (1)

hour, without pay, shall be allowed for each shift, such time not to be

included in the number of hours specified for a day's or night's work.

No present lunch period shall be reduced or extended except by consent

of a majority of the employees.

Article 14 - Classifications

14.01 The job functions in Article 14.03 will be performed by employees subject

to the exception set out in Article 5.03.

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14.02 DIGITAL PRINTER OPERATOR 1 -individuals will be proficient in all of

the following operations:

(a) Xerox DocuTech Network Publisher; (b) Oce digital printers and any other similar or related process involved

in digital printing; (c) various finishing operations.

14.03 DIGITAL PRINTER OPERATOR 2- at date of hire individuals will be

proficient in neither or one only of the operations listed in Article 14.02 (a)

and (b).

Once proficient under Article 14.02, the Digital Printer Operator 1 rate

shall be paid.

14.04 The operation of three or more of the machines listed in Article 14.02 (a)

and (b) shall be voluntary

Article 15 -Seniority- Transfer. Lay-Off and Recall

15.01

15.02

15.03

15.04

Fundamentally, rules respecting seniority are designed to afford

employees an equitable measure of security based on length of

continuous service with the Company within the bargaining unit.

All lay-offs shall be made on a seniority basis provided that the remaining

employees are able to perform the work required in a satisfactory manner.

No new employee shall be hired by the Company while other employees

are laid off, provided that the employee on lay-off is competent to perform

the available work.

Seniority shall be determined by the number of years of continuous

service with the Company. Continuous service shall be deemed to

commence:

(a) on the first day of employment for a person who has never worked for

the Company; (b) on the most recent date of rehire for a person who has been

previously employed by the Company.

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15.05 An employee shall lose seniority and be deemed to have terminated

employment for any of the following reasons:

(a) voluntary resignation (which shall include early retirement);

(b) rightful discharge; (c) failure to return to work within five (5) working days of receiving notice

of recall; (d) overstaying a leave of absence or vacation without satisfactory

explanation; (e) when absent for three (3) consecutive working days without

satisfactory explanation (the aforementioned three (3) consecutive

working days shall not be deemed to excuse any unauthorized

absence).

15.06 It shall be the duty of employees to notify the Company promptly of any

change in their address or telephone number. If an employee fails to do

this, the Company will not be responsible for failure of a notice to reach

such an employee.

15.07 The Company will provide the Union office with a seniority list, including

those employees eligible for recall, within sixty (60) days of the date of

ratification of this Agreement. The Seniority list shall also be posted on

the bulletin board by the Company and will be revised by the Company at

least every six (6) months, and copies of this list will be forwarded to the

Union office and Unit Chairperson.

15.08 Notice of Lay-off or Termination

Twenty-four (24) hours' notice of lay-off or termination shall be given. An

employee shall be entitled to one full shift after completion of the regular

shift on which the notice is received before the lay-off or termination shall

be effective, unless termination is for cause. For employees employed for

more than ninety (90) consecutive days, the notice requirements for

termination shall be governed by the Employment Standards Act of

Ontario.

In cases of termination, wages earned and a E.\. C. Record of Employment

Form shall be mailed to the employee no later than the next normal pay

period after the date of termination.

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15.09 Recall

Employees who are laid off for less than three hundred and sixty-five (365)

calendar days shall be called back in the reverse order in which they were

laid off, provided that the employee returns to work within five (5) working

days from the time of recall and the employee is capable of performing the

work for which the opening exists.

If an employee fails to return to work within five (5) working days after

being notified at the last known address of recall from lay-off, the right to

recall and seniority standing shall be waived - except when the employee

is acting in an official capacity for the Union or in proven cases of

maternity leave or illness.

A claim that an employee has been unfairly required to accept a lay-off or

termination may be the subject of a grievance and dealt with under the

grievance procedure.

The Union office shall be notified at the time of recall.

Article 16 - Overtime Rates

16.01 a) Overtime is to be paid at time and one-half of the employees' regular rate

for the shift being worked, for the first three (3) hours, and double time

thereafter. The first three (3) hours are to be worked within the first four

(4) hours after the regular quitting time.

b)

c)

d)

16.02

Work done on Saturday, Sunday and Plant Holidays is to be paid for at

double time except at the conclusion of the Friday night shift.

Notwithstanding Article 13.02 and subject to management approval, where

an employee requests a 6:00a.m. start for a 7:00a.m. weekend overtime

shift, Article 18.02 shall not apply.

Overtime is to be computed on each day's or night's work. All hours

worked before or after the regular hours of work are to be paid for at

overtime rates.

Night shift workers who return for noncontinuous overtime after completing

their regular shift Friday morning shall be paid at double time.

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Article 17: Overtime Conditions

17.01 The Company shall give reasonable notice (24 hours whenever possible)

when employees are required to work overtime (but overtime is work that

shall not be compulsory except in cases of emergency). If overtime is

continued for more than one ( 1) hour, thirty (30) unpaid minutes shall be

allowed for lunch.

17.02 Whenever possible overtime shall be distributed among employees

evenly, except and only where an employee has charge of a particular

work.

Article 18: Scale of Wages

18.01

May l, 2004

Digital Printer Operator 1

$ 19.15perhour $670.25 per week

Digital Printer Operator 2

$ 17.27 per hour $604.45 per week

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May l, 2005

$ 19.72 per hour $690.20 per week

$ 17.79 per hour $622.65 per week

May l, 2006

$ 20.31 per hour $710.85 per week

$ 18.32 per hour $641.20 per week

18.02 Night Shift Differential shall be 7.5% over the basic hourly day rate for

shifts commencing before 11:30 p.m. For shifts commencing on or after

11:30 p.m. the night differential shall be 8.5% over the basic hourly day

rate.

Article 19: Premium Rates

19.01 The highest rates of wages and the best working conditions consistent

with market conditions and security of the industry should be established

and extra or premium rates above the standards provided herein may be

paid to individual employees.

19.02 Premiums are to be maintained in establishing new rates.

Article 20: New Shifts - New Starting Times

20.01 Members shall have the choice of new shifts and new starting times

provided this does not prevent a substitute (if any) from acquiring a

situation to which his seniority entitles him, except as provided otherwise

in this Agreement. Foregoing this right at any time does not prevent a

member from exercising it on the next occasion.

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Article 21: Benefit Plan and Long Term Disability Plan

21.01 (a) The Company shall contribute $295.00 per month to the C.P.I./T.T.U.

No. 91 Benefit Trust Fund of Ontario on behalf of each employee.

Contributions are due on the 20'h day of the month following the month

worked.

(b) Effective May 1, 2005 the Company shall contribute $300.00 per

month

(c) During the third year of the Agreement, a representative from the

local Union and from the Council of Printing Industries will meet with

the insurance carrier to discuss the experience of the past year and if

both parties agree to an increase in the premium it shall not exceed

$10.00 per month.

21.02 The Council of Printing Industries of Canada and Toronto Typographical

Union, Local No. 91 have established a Jointly Trusteed Benefit Plan for

the purpose of administrating the Benefit Plan. The Trustees shall be

appointed in equal number by the Union and by the Council.

21.03 Retirees may continue their health and dental coverage at reduced

premiums, agreed upon by the signatories to this Agreement, at the

spouse's own expense. Such premium reduction will be established by the

Trustees of the Benefit Trust.

The surviving spouse of a deceased member may carry on coverage

without life insurance benefit at the reduced premiums, agreed upon by

the signatories to the Agreement, at their own expense.

Article 22: Bereavement Leave

2201

22.02

A regular employee shall be entitled to leave of absence with pay for a

period not exceeding five (5) days, between Monday and Friday inclusive,

in the event of the death of a spouse, common law spouse, or children

and for the purpose of attending the funeral.

A regular employee shall be entitled to leave of absence with pay for a

period not exceeding three (3) days, between Monday and Friday

inclusive, in the event of the death of an immediate family member and for

the purpose of attending the funeral. Members of the immediate family

shall include father or mother.

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22.03 A regular employee shall be entitled to leave of absence with pay for a

period not to exceed two (2) days, between Monday and Friday inclusive,

in the event of the death of a brother, sister, mother-in-law, father-in-law,

grandparents or grandchildren for the purpose of attending the funeral.

22.04 The employee shall not receive any additional pay because the death

and/or funeral occurs on a plant holiday, during a vacation or during any

leave of absence without pay.

22.05 In order to qualify for bereavement pay an employee must have

completed at least thirty (30) working days of continuous service with the

Company immediately prior to the date of bereavement.

22.06 An unpaid leave of absence shall not be unreasonably denied when there

is a death in the family.

Article 23: Jury Duty and Subpoenaed Crown Witness

23.01

23.02

The Company will pay employees who are required for jury service or

subpoenaed as Crown witnesses for each day of service, the difference

between their regular shift straight time hourly rates for the number of

hours they normally work on their regular shifts, and payment they

received for jury or Crown witness services. The employee will present

proof of jury service and the amount of pay received.

Employees who are excused from jury or Crown witness duty for one-half

(%) day or more must return to the plant and complete their regular shifts.

Article 24: Union Dues-Checkoff

24.01

2402

24.03

24.04

As a condition of employment the Company shall deduct weekly from the

wages of each employee a stated amount to be determined by the Union.

Such amount will be determined by the Union resolution and

communicated to the Company in writing.

The Company will remit monthly to the Local the amounts so deducted,

within ten (1 0) days of the month following the one for which such

deductions were made.

Payroll deductions for any Union authorized assessments shall be made

provided the Company receives prior written authorization from the Union.

20

Article 25: C.E.P. Multi-Employer Pension Plan (Canada)

25.01 The Company shall contribute to the C.E.P. Multi-Employer Pension Plan

(Canada) (referred to as the Plan) the dollar amounts hereinafter specified

for each employee for the purpose of providing pensions on retirement,

death benefits, and other related benefits for covered employees of the

Company. Contributions shall be made for any regular shifts, worked or

paid for, Monday through Friday, for which an employee receives

compensation (e.g.: sick leave, vacations, holidays, disability, insurance,

bereavement leave, jury duty). The Plan is administered jointly by Union

and Company Trustees.

25.02

25.03

25.04

25.05

The pension contribution shall be fifty-five dollars ($55) per employee per

week.

Contributions shall be made by cheque, money order or similarly

recognized medium of exchange, payable to the C.E.P. Multi-Employer

Pension Plan (Canada), P.O. Box 8992 Postal Station A, Toronto, Ontario,

M5W 2C5 (or to such other corporate trustee as may be designated by the

Trustees of the plan) no later than the 20th of the following calendar

month for which contributions are due.

Title to all monies paid into the Plan shall be vested, and shall be held

exclusively by the Trustees in trust for use in providing the benefits under

the Plan and paying its expenses.

In addition to the Union's right to enforce this Article, the Union shall have

the right in its discretion to take any legal action necessary to collect any

contributions or monies due and owing to the Plan and to secure

delinquent reports. The Union shall have the right to collect reasonable

attorney's fees and expenses incurred in connection therewith. The

Company shall supply to the Unit Chair a copy of Receipted Remittance

Forms received from the CEP Multi-Employer Pension Plan (Canada)

within five (5) days of receipt of such forms.

Unless otherwise explicitly agreed in writing, benefits provided by

contributions to the CEP Multi-Employer Pension Plan (Canada) pursuant

to this Article shall be in addition to all other benefits heretofore provided

by the Company and/or by any Plan or Trust to which the Company has

made contributions.

21

Article 26: Retraining and Technological Change

26.01

26.02

26.03

26.04

2605

26.06

26.07

Technological change means the introduction, by the Company, of

equipment different in nature or type from that previously utilized; a

change (related to the introduction of this equipment) in the manner in

which the Company carries out the work and any change in work methods

and operation affecting one or more employees.

On the introduction of new equipment into the Manufacturing Division that

comes within the jurisdiction of this Agreement, the Company will afford

each interested member of the Union in its employ the opportunity to

retrain and to become proficient in the new equipment.

A Joint Retraining Committee comprised of two (2) representatives from

the Company and two (2) representatives from the Union shall meet within

fifteen ( 15) days at the request of either party.

Job openings shall be posted on the Bulletin Board for claiming for a

period of seven (7) days.

Disputes arising from the selection of personnel for retraining shall be

referred to the Joint Retraining Committee for resolution before either

party may invoke the grievance procedure.

The Company may have the assistance of the Joint Retraining Committee

in the establishment of a suitable retraining programme.

A minimum of thirty (30) days' notice and, where possible, one hundred

and twenty (120) days' notice shall be given to employees when retraining

will be required due to the installation of new equipment. On the

introduction of new processes or equipment reasonable notice shall be

given to the Union.

Article 27: Supplemental Unemployment Benefit Plan

27.01

1.

The Company will contribute $14.00 per week on behalf of each employee

to the Supplemental Unemployment Benefit Plan. The S.U.B. Plan basic

provisions are as follows:

The maximum funding of the plan will increase to $400.00 multiplied by

the number of participants in the plan, determined quarterly. No

contribution shall be solicited from the Company for any quarter in which

the plan is in maximum funding.

22

2. There shall be a termination benefit equal to 75% of a participant's regular

weekly earnings to a maximum of $225.00 less E. I. C. benefit.

3. There shall be a maternity benefit equal to the difference between the

current weekly indemnity benefit and the current E.I.C. benefit for a period

of six (6) weeks.

4. Participants shall accrue layoff credits at the rate of one credit for each

two (2) weeks of employment with a participating Company to a maximum

of fifty-one (51) credits. Each layoff credit shall entitle the participant to

one week of benefit. Each participant's number of layoff credits shall

reduce by one (1) for each week in which a benefit is received. On return

to work with a participating Company the participant shall accumulate

credits as set out above to a maximum of fifty-one (51) weeks.

5. Benefits shall be payable at the commencement of the second week of

layoff or termination due to technological change provided that the

participant is entitled to an E. I. C. benefit commencing with the third week

of layoff.

In cases of discharge for cause, or voluntary termination, benefit payment

will commence in the same week in which the participant is entitled to

receive an E.l. C. benefit.

6. Any capable participant refusing suitable work at the trade shall lose

entitlement to benefit in respect of that period of unemployment.

7. New employees shall begin to accumulate layoff credits from the 26th

week of employment.

8. An employee who voluntarily terminates his employment and who does

not return to work for a participating Company within a fifty-two (52) week

period will forfeit all remaining accumulated credit units.

9. An employee whose service is terminated and who does not return to work

for a participating Company within a one hundred and four (104) week

period will forfeit all remaining accumulated credit units.

23

10. In the event that the fund falls below 50% of maximum funding, benefits

payable will be reduced in accordance with the following Table:

Funding Level

60% or above 50% but less than 60% 40% but less than 50% 30% but less than 40% 20% but less than 30% Under 20%

Weekly Benefit Payable

100% 80% 60% 40% 20%

No Benefit

11. The foregoing is an outline of the S.U.B. Plan. The final authority and

control of the plan is vested in the Trustees of the C. P.l.rr. T. U. No. 91

Benefit Trust.

Article 28 - Non-Discrimination

28.01 There shall be no discrimination in the work place due to an employee's

age, sex, race, creed or religion, subject to the Ontario Human Rights

Code.

Article 29- CEP Humanity Fund

29.01 If practicable for the Company, employees may donate to the CEP

Humanity Fund through payroll donation.

Article 30: Leave of Absence

30.01 A written leave of absence may be granted by the Company to an

employee for good and sufficient cause, which shall include but not be

limited to official Union business. A leave of absence means an absence

from work, without pay entitlement or accumulation of seniority or service

credits. However, the seniority credits acquired previous to date of

granting leave of absence shall be maintained.

Article 31: Employees Savings Plan

31.01 (a) The Company shall contribute ten dollars ($1 0.00) per week to the

Employees Savings Plan.

(b) Each employee shall contribute a like amount to the above

mentioned Plan by payroll deduction.

•

24

(c) The Company shall remit its contribution monthly, together with the

employees contributions to the Administrator of the Plan not later

than 20 days following the month for which contributions are due.

Article 32: Payment of Retroactive Wages

32.01 Payment of all retroactive wages shall be made within 30 days following

the ratification of this Agreement by both parties.

Article 33: Notice of Termination and Severance Pay

33.01

33.02

33.03

33.04

Notice of Termination ~ Employees who have worked three (3) months or

more but less than one (1) year are entitled to written notice of

Termination of at least one (1) week. Employees who have worked at

least one ( 1) year are entitled to written notice of at least two (2) weeks.

Employees who have worked three (3) years or more are entitled to

written notice of at least one (1) week for each year of employment, with a

maximum required notice period of eight (8) weeks. If the Company

terminates an employee without notice, the Company must provide pay in

lieu of notice.

Severance Pay- The Company will pay four (4) weeks' pay per year of

continuous employment or fraction thereof up to a maximum of fifty-two

(52) weeks.

Articles 33.01 and 33.02 shall not be pyramided with the severance

provisions of the Employment Standards Act of Ontario and are not

available to an employee who has been terminated for cause.

Article 21: Benefit Plan, Long Term Disability Plan and Article 25: Pension

Plan to be paid by the Company for a period equal to the number of weeks

of severance or until the employee finds another job that provides benefits

prior to the expiration date of the severance period.

•

25

Signed at TORONTO on the (IJt/t day of-J.1.M\JL.- 2004.

FOR THE COMPANY FOR THE UNION

CARSWELL COMMUNICATIONS, ENERGY AND

MANUFACTURING DIVISION PAPERWORKERS UNION OF CANADA, LOCAL 91-0

A DIVISION OF THOMSON CANADA LIMITED TORONTO TYPOGRAPHICAL UNION

FOR THE COUNCIL OF PRINTING

INDUSTRIES OF CANADA

•

26

Letter of Agreement

Re: Journeyperson I Apprentice

Typesetter I Paste-up Technician

General Laws of CEP-TTU

The Company and the Union hereby agree to amend the Collective Agreement in

accordance with the 26 Apri\1999 Company Proposals on Articles 2, (also 2.01 2"d

paragraph), 3, 5, 9, also 12.09b,13, 14, 15, 18, 20, and General Laws, based on the

following condition:

If the Company reintroduces to the Manufacturing Division any of the work

covered by Article 5.02 of the former Collective Agreement (Apri\1999

expiry), or when anyone re-enters an apprentice or journeyperson position,

the changed or deleted language above will be reinstated.

All other matters in the 26 April 1999 document have been addressed separately.

J"~c--/i~ 2004

Date For the Union

•

27

Letter of Understanding "A"

Re: Docucolour 6060 Digital Printer

CEP Local 91-0 (the "Union") and Carswell's Manufacturing Division (the "Company") enter into

the following agreement and understanding with regard to the Docucolour 6060 digital printer, or

any subsequent equipment of a similar or like nature.

Since the installation of this digital printer, the CEP members have performed some of the work

associated with this equipment. In particular, the work included the monitoring of quality during

print runs, replacing toner, loading paper and unloading the finished product. During this period

the equipment was also being operated by non-union personnel. it is agreed that this practise may

continue at Carswell under the following conditions:

1.

2.

3.

4.

both parties understand that this digital printer, or any subsequent equipment of a

similar or like nature, falls under the jurisdiction of the collective agreement

between the parties;

both parties understand that jurisdiction of this digital printer is restricted to the

operation of the printer itself, as distinguished from all pre-printer production

processes; the Company shall provide sufficient training to ensure that bargaining unit

members have the capability of operating this equipment in a proficient manner;

if there is a sufficient enough increase in the workload as to merit the hiring of an

additional person to operate the equipment, then this person shall be hired as a

union member.

This Letter of Understanding shall be appended to the collective agreement between the parties

and carry full legal and binding weight with access to the grievance procedure.

Signed in Toronto, this ___ !L',()~;t;l,· :D."---- day of ,j J.d/11 _{) .c: , 2004.

For the Union

£2/ ~ ;:Z ~

~rr; arc Metthe for the C neil of Printing Industries of Canada