03 October 2005

Agreement improves contract,
temporary workers' rights; provides
12.6% across-the-board wage increase

Canadian Media Guild | TNG Canada Local 30213

With the new collective agreement, the Canadian Media Guild has established that a permanent workforce will be the standard at the CBC. The CMG has successfully beat back the Corporation's attempt to radically alter the staffing model by creating a revolving door of contract employees. This is a significant victory for CMG members and for public broadcasting and will serve as a benchmark for others in the labour movement.

Here is a summary of what is in the new contract (not including articles signed off prior to the past week):

THE EMPLOYMENT STATUS LANGUAGE includes contract employees as a fixed percentage of permanent staff. The CBC will be allowed to hire up to 9.5 per cent of the permanent workforce on contract plus an additional 80 jobs. What this means is that, for every 100 permanent employees, there will no more than 9.5 contract workers. This ratio must be maintained for a full 15 months beyond the life of the collective agreement until June 30, 2010. The Guild now has a clear mechanism for controlling the number of contract employees.

  • Contract employees who have been on contract for four years will be allowed to convert to staff if they wish. Any contract employee who has four years of service on ratification will be allowed to convert immediately.

  • The approximately 90 contract employees now working in Television A&E, Radio Drama and Comedy and Sports will also have, for the first time, the opportunity to convert to staff. Those who remain on contract cannot be terminated during their contracts except for just cause or lack of work.

  • Contract employees will have access to pension after two years of employment including a buyback option. This buyback option will also apply to any contract employee who chooses to convert to staff.

  • Contract employees will be entitled to severance pay.

  • Contract employees who have worked five consecutive contracts of nine or more months but less than one year for five consecutive years will be credited with actual time worked for seniority purposes at the time of hiring into a permanent position.

  • Temporary staff may be hired for relief, backfill, emergencies and augmentation. The corporation will not use temporary hiring as a way to displace, delay or avoid hiring of permanent employees or to deny temporary employees' rights.

  • Temporary employees who have worked in the same position in the same location and component for 18 months will be allowed to convert to staff. A break of a week or less will not count as a break in service.

  • Temporary employees will accrue seniority for use in progression on salary scales and upon becoming permanent.

  • Temporary employees will be paid for a minimum shift of a full day unless they are filling in for someone who works reduced hours.

  • Temporary employees of 13 weeks or longer will have access to sick leave benefits. They will no longer have to re-qualify if they have a break in service of less than 13 weeks.

  • A break of four weeks or less between the end of one period of work and the beginning of another will not constitute a break in service for seniority. No pre-approval required.

There will be a full jointly-conducted review within 90 days of ratification of all non-permanent staff to ensure they have been properly hired and are receiving the appropriate rights and benefits.

On WORKFORCE ADJUSTMENT (which includes layoff and recall), there is new and better language on occupational qualifications which creates a fair standard for redeployment or displacement in the event of a downsizing. There are grandfathering provisions for protected employees.

The two sides could not reach agreement on the process for redeployment and displacement, so that issue has been referred to the National Joint Committee to reach a resolution. In the interim, the processes in the former collective agreements will apply.

  • Across-the-board increases for a total of 12.6 per cent for the life of the collective agreement; broken down as 2.5 per cent for 2004, 2.5 per cent for 2005, 2.1 per cent for 2006, 2.5 per cent for 2007, and 3.0 per cent for 2008. The duration of the contract will be to March 31, 2009.

  • There will be full retroactivity to April 1, 2004 for everyone (including both short- and long-term temps and contract employees) on payroll at the time of the lockout.

  • Signing bonus of $1,000.

  • Freelancers will receive the same across-the-board increases except for 2006 which is 2.5 per cent, not 2.1 per cent, for a total of 13 per cent over the life of the agreement.

  • There will be $20 million (including a $5-million contribution from the corporation) for Job Evaluation retroactivity and an additional $2.6 million for implementation. This money will be disbursed in mid-January 2006.
  • Employees will be entitled to five weeks of vacation after 18 years of service, an improvement over the previous 20-year rule.

  • Severance pay at retirement will be maintained for all existing employees and will include anyone on contract who converts to staff after ratification. People hired after ratification will not be eligible for severance on retirement.

  • A premium of $800 a year will be paid to those employees who are required to work in aboriginal languages.

(This story first appeared on the Canadian Media Guild web site.)