(ii) Employees may displace (bump) another Employee having less seniority in the same, equal or lower classification. (He/she would select two (2) positions in which he/she would have skills and abilities to meet job qualifications. The Employee's resume is presented to the Customer for acceptance). If acceptable, move to Customer site. If, after a minimum familiarization period appropriate to the position, with a minimum of two (2) weeks and not to exceed six (6) months in the new position, acquired through 10.02(ii), it becomes apparent that the Employee will not be able to qualify, he/she will be terminated. If unacceptable other options in 10.02(i), (iii), (iv) will apply.

OR

(iii) An Employee may elect to take layoff, retaining his/her seniority for a time period equal to seniority possessed or two (2) years, whichever is less. An employee on layoff must indicate the type of work that is acceptable for recall purposes. (A person on layoff may only refuse equal or comparable work up to two (2) separate occasions, after which time severance will be paid out immediately). At any time during layoff, the Employee can terminate the 'recall' and request severance. Following the date of layoff, an Employee who neither obtains nor accepts a position within a time period in 10.02(iii), shall be terminated and paid severance per 10.03(i). On termination, such employees are not eligible for either outplacement counseling (10.03 (ii)) nor Benefit coverage (10.03 (iii)).

OR

(iv) Severance as per 10.03(i), (ii), (iii).

10.03 When the conditions introduced in 10.01 or 10.02 require termination of the Employee, severance pay will be paid on the following basis.

(i) Service - Two and one-half (2 1/2) weeks pay for each year or portion of a years service that the Employee has with the Company, to a maximum of seventy-eight (78) weeks, paid out at the regular rate of the last position occupied.

(ii) Outplacement Counseling - the Company will make the services of outplacement counseling available.

(iii) Benefit coverage for Life Insurance, Accidental Death and Dismemberment, Dental (based on the Saskatchewan Provincial fee guide) and Extended Health care for the lesser of three (3) months or severance period for a maximum of $300.00 of premium.

10.04 Recall Procedures - Permanent and Temporary Employment Opportunities

(i) Full Time Permanent Positions:

Where full time permanent work becomes available (equal or comparable), full time employees will be recalled, provided that they are qualified to do the work available. Any refusal of such available work will be counted as a refusal under Article 10 of the Collective Agreement.

(ii) Temporary opportunities that are of greater length than the employee's notice entitlement:

Where full time but temporary (fixed duration) work becomes available for a period of time which is greater than the employee's notice entitlement under Article 10 of the Collective Agreement, the employee will be offered recall (equal or comparable work that they are qualified to do).

The employee will be advised of the duration of the temporary opportunity. If an employee accepts the available temporary work, another Article 10 letter will be issued to the employee with the notice period equivalent to the notice given in the first Article 10 letter, whether or not it is from a customer to a non-customer based position or vice versa. During the temporary full time opportunity, the recalled employee cannot elect severance. If the employee refuses the available temporary work, a refusal of such available work will be counted as a refusal under Article 10 of the collective agreement.

(iii) Temporary opportunities that are of shorter length than the employee's notice entitlement:

Where full time but temporary (fixed duration) work becomes available for a period of time which is shorter than the employee's notice entitlement under Article 10 of the Collective Agreement, the employee will be offered recall (equal or comparable work that they are qualified to do).

If an employee accepts the available temporary work, his/her recall period will be extended by the length of the temporary work period. Another Article 10 letter will not be issued to the employee, whether or not it is from a customer to a non-customer based position or vice versa. During this recall period the affected employee cannot elect severance.

If the employee refuses the available temporary work, a refusal of such available work will not be counted as a refusal under Article 10 of the Collective Agreement.

(iv) In all circumstances where employees are recalled, they will earn seniority service, vacation credits, sick leave credits and will be entitled to group benefits for the period of time that they work.

10.05 The parties are agreed that disputes between the Company and the Union respecting the interpretation of the application of the layoff and /or recall principles outlined in this Article will be submitted to the named Arbitrator, Mr. Robert Pelton, for an expedited binding decision, without a formal arbitration hearing. This will not preclude an employee's rights under Article 7.

APPENDIX 1 - Wage Schedule

Hourly rates calculated as follows: (monthly salary x 12) ÷ 52÷ 37.5

Effective January 1, 2001

Appendix 1

Wage Schedule - effective January 1, 2002

Appendix 1

Wage Schedule - effective January 1, 2003

APPENDIX 2

PARTIAL LEAVE OF ABSENCE

1. The Employee shall submit a written request to the Partial Leave Committee not less than ninety (90) calendar days prior to the proposed commencement of the partial leave stating the reason for and the total duration of the leave being requested. This must be signed by both the Employee and his/her manager.

2. This leave is restricted to a one (1) year term but is renewable. Further, once the first leave period has been granted, applications for subsequent renewals shall not be refused without showing just cause for such refusal.

3. The Employee must notify the committee of any change in intent to remain on partial leave at the earliest possible time.

4. This leave will be restricted to Employees with a minimum of one (1) year of service with the Company. It is suggested that the total number of Employees on partial leave of absence not exceed 10% of the total staff of the Company.

5. For the period of the partial leave the following terms and conditions apply:

A. Seniority already accumulated is maintained and continues to accrue by hours worked for the duration of the leave.

B. Salary increments will rely upon composite full days of work and eligibility for pay increments will be granted upon completion of each composite year of work.

C. Service time for vacation entitlement will accumulate by calendar years served.

D. Vacation, float day, and sick time credits will be prorated by how many would be earned. Any vacation or sick time used prior to approval of a partial leave which will not be earned in the contract year must be repaid to the Company in either service or cash.

E. All benefits not previously mentioned in this article will continue as for full-time Employees for the full one (1) year period. This is to say that full benefits are maintained and deductions for these same shall continue to be made at the full rate. In subsequent years benefits will continue at full time rates except where prohibited by external agencies. Employees will remain covered by the salary continuance plan for the duration of the leave.

F. The Employee, his/her manager and the committee must negotiate a mutually agreed to work schedule that will define the hours of work for the Employee during the period of the partial leave. This work schedule will set out the amount of advance notice required by the Employee for work outside of the mutually agreed to hours to be considered as straight time instead of overtime. The work schedule can be changed only with the consent of all parties involved.

G. Both Union and Management approval is required to terminate the partial leave agreement prior to its expiration. Notification of intent to terminate must be given to the committee a minimum of 90 calendar days in advance of the desired termination date.

H. A leave shall not be terminated prior to ninety (90) calendar days from its inception so as to give the partial leave agreement an opportunity to work.

I. The Employee who has been granted a partial leave is in no way restricted from applying for posted positions. However, should the Employee accept a position in a work unit other than the work unit he/she was in at the time the leave was granted, the partial leave agreement is deemed to have been voluntarily terminated. The Employee is free to apply for a new partial leave of absence without pay. If both the Employee and the manager of the prospective new work unit are in agreement that the Employee should continue on with the partial arrangement, then the committee may waive the ninety (90) day application acceptance period.

J. Upon expiration of the partial leave of absence the Employee shall revert to full time with no loss of seniority or benefits already accumulated.

K. Those Employees, listed below, who currently hold positions defined in their terms of employment as other than full time will continue to work under their existing Agreements, with the option to change to this policy if they so desire. These positions will no longer exist once vacated by the incumbents.

L. Employees currently holding positions defined as other than full time are Shirley Cameron, Carol Chernishenko, and Mary Anne Summers.

M. Requests for partial leave of absence other than fifty (50) percent shall be considered by the committee on a case-by-case basis.

This Memorandum, for the staff affected, must be given consideration in conjunction with the terms and conditions of the current Agreement, in all Union/Management

issues.

APPENDIX 3

ANALYST TRANSFER

Upon mutual agreement between the Company and the Union, Analysts shall be given the opportunity to transfer laterally to other Analyst positions throughout the Company without the job posting procedure outlined in Article 11, Sections 11.01, 11.02, and 11.03 (i), (ii), and (iii), subject to the following:

1. Article 11, Section 11.03 (iv) and beyond shall remain in effect.

2. The Company shall post Employees monthly on:

a) Current and upcoming vacancies in the Company;

b) Job qualification changes;

c) All Employee transfers; and

d) Company organization, current and future.

3. The Company shall update the Union Executive monthly on:

a) Employees' requests for transfer and

b) Employees transferred.

4. The Company shall give Employees not only the opportunity but also the encouragement to discuss their futures with their managers or with a representative from Human Resources who will then ensure action.

5. Upon receipt of reasonable notice, this Appendix may be dropped by the Company or by the Union, at which time Article 11 shall prevail.

APPENDIX 4

ARTICLE 10

It is agreed that Article 10 shall refer to Customer and Non-Customer based positions for staff reduction.

It is agreed that Qualified under Article 10 will mean 'The Individual Meets Minimum Qualifications' with the mutual understanding that for remaining classifications, minimum

qualifications will be revised by December 31, 1994 to take effect January 1, 1995.

It is also agreed that 'Notice Period' under Article 10 will be deemed a working period unless mutually agreed to between the Company and the Union that notice period is replaced with a payment in 'lieu of notice'.

It is also agreed in the bump scenario 10.01(i), an Employee may elect from Customer to Non-Customer based position and vice versa as long as minimum qualifications are met and the Employee would then fall under the relevant article.

APPENDIX 5

CROWN / CANADA LIFE

And

SaskPower Help Desk Hours

Crown / Canada Life

It is agreed for any Employee whose place of work is the Crown / Canada Life site and initiated by the Customer, the following conditions may be applied subject to 19.02.

1. Employees can be scheduled to work five (5) days of seven hours and thirty minutes (7 1/2 hours) each week.

2. The allowance of minimum flex time for set hours.

3. All weekend work after five consecutive working days is paid as overtime.

4. With every alternate Friday worked, the Employee will bank one (1) hour of time to a maximum of three (3) days per year.

SaskPower Help Desk Hours

The parties are agreed that the normal hours of operation for the SaskPower Help Desk will be from 6:00 a.m. To 10:00 p.m. Monday to Friday, effective July 19, 1999. Employees working in this Department will continue to work 8.3 hours per day as per 19.01 (ii) of the collective bargaining agreement, and are eligible for shift differential as per 21.01. Such employees are eligible for standby and call back pay.

APPENDIX 6

EFAP DESCRIPTION, POLICY AND PROCEDURES

ISM Information Systems Management Canada Corporation (ISM Canada) and the Communications, Energy and Paperworkers Union of Canada Local 911 (CEP) recognize that the pressures of today's society may result in individuals experiencing personal, family, social and health problems. As these problems could adversely affect the quality of a person's well-being, home life, as well as job performance, both ISM Canada and the CEP wish to foster and maintain an attitude of support toward Employees and to offer assistance.

1. The primary purpose of the program is to assist Employees who are experiencing personal problems which could affect their well-being, home life and/or job performance.

2. The program is entirely voluntary. The decision to accept or reject referral for assistance is the personal responsibility of the Employee.

3. No Employee will have either job security or promotional opportunities jeopardized by a request for assistance or referral to any helping source.

4. Confidentiality of records and discussions and a respect for privacy of the individual will be strictly maintained.

5. The program is also available to an Employee's immediate family, if they should so desire on a voluntary and confidential basis.

6. The program does not constitute a waiver of the Company's right to manage or the Union's right to grieve as contained in the Collective Agreement.

APPENDIX 7

Letter of Understanding

Skills Enhancement Committee

Article 10.02(i)

The parties are agreed on the following guidelines for any Skills Enhancement Committee required pursuant to Article 10.02(i) of the Collective Bargaining Agreement:

Purpose: The Skills Enhancement Committee will provide the foundation for an Employee to enhance their employability by development of a personal and/or technical improvement plan to meet marketplace demand with the goal of successful client placement.

Terms of Reference: The Skills Enhancement Committee will be co-chaired and will be comprised of a maximum of six individuals, including two (2) Management representatives, two (2) Union representatives, the Employee affected and an outside agency career counselor. The Committee will maintain confidentiality of matters discussed. The Committee will establish a training plan and a budget. The budget requires approval by the Director of the Employee's work area. The Committee's mandate will not exceed four (4) months, which is the notice period under which the training will occur. Training determined by the Committee will not be a replacement for regular training/learning. The Employee must be available for training, with the exception of pre-scheduled holidays or an extended illness.

APPENDIX 8

ISM CANADA HARASSMENT POLICY

ISM Canada is committed to providing a positive working environment for all employees. ISM Canada is dedicated to the prevention of harassment and the promotion of a safe environment in which all employees work together on the basis of mutual trust, support and respect. Every employee is entitled to employment free of harassment and discrimination. ISM Canada considers discrimination to be a form of harassment.

Any act of harassment is unacceptable conduct and will not be tolerated. All harassment complaints will be taken seriously and investigated in a confidential and impartial manner.

HARASSMENT

Harassment means any objectionable conduct, comment or display by a person that:

i) is directed at an employee;

ii) is made on the basis of age, race, religion, creed, color, place of origin, citizenship, sex, sexual orientation, marital or family status, pregnancy, disability, nationality, ancestry, record of offenses, membership or activity in the Union or any other reason prohibited by law, subject to reasonable occupational requirements.

iii) constitutes a threat to the health or safety of an employee.

Harassment may or may not be deliberately intended.

DISCRIMINATION

No ISM Canada employee shall discriminate against another ISM Canada employee or prospective employee because of age, race, religion, creed, color, place of origin, citizenship, sex, sexual orientation, marital or family status, pregnancy, disability, nationality, ancestry, record of offenses, membership or activity in the Union or any other reason prohibited by law, subject to reasonable occupational requirements. Discrimination is not necessarily the result of any conscious act or acts by an employee but may be systemic.

DEFINITIONS

Discrimination means different or unequal treatment. The basis for decisions affecting an individual's employment, promotion or movement with ISM Canada will be based on job requirements.

Personal Harassment is any unsolicited, unwelcome, disrespectful or offensive behavior directed at another person. These actions may be identified as repeated, intentional and deliberately designed to demean or belittle and/or cause personal humiliation.

Racial Harassment is any derogatory comments, racist statements, slurs and jokes with respect to a person's race, color, religion, ancestry or ethnic heritage.

Sexual Harassment is any unsolicited, unwelcome conduct, comment, gesture, or contact of a sexual nature likely to cause fear, intimidation, offense, or humiliation to any individual. It may include, but is not limited to:

• any implied or expressed threat if reprisal for refusal to comply with a sexually oriented request
• demands for sexual favors in exchange for employment advancement or more favorable treatment in the workplace
• unwelcome remarks, jokes, innuendoes, propositions, taunting or comments about a person's body, attire, sex, or sexual orientation
• display of sexually-suggestive or sexually pornographic pictures or material, including video software
• leering, suggestive, persistent staring with suggestive overtones
• physical contact such as touching, patting, or pinching with an underlying sexual connotation.

  For purposes of this policy, the following definitions are provided for clarity:

  Complainant refers to the person who believes that they have been harassed and who has made a claim under this policy

  Respondent is the person who is being complained against for alleged harassment.

  PROCESS

  An employee has options available to him/her in the harassment process. They are:

  i) One-on-one resolution.

  ii) Informal Process will provide the complainant the opportunity to determine a course of action to be taken and to answer their questions without a full investigation, if the complainant is unsure if harassment has occurred.

  iii) Formal Process is used if the employee is definite about pursuing a harassment complaint.

  One-on-one resolution

  It is preferred, but not required, that the complainant raise objections to the respondent's behavior with the respondent:

  i) verbally, directly to the respondent or

  ii) verbally, with the assistance of a third party; or

  iii) in writing.

  It is desirable that the respondent be made aware of any behavior or conduct that is offensive and be given the opportunity to cease such behavior. However, it is understood that some persons will not feel comfortable with this type of direct confrontation.

  It is recommended that the complainant make simple notes of the incident including:

  i) the date, time and nature of the behavior

  ii) complainant's actions or response (if any); and

  iii) the names of any persons who witnessed the behavior.

  Informal Process

  Employees who believe they have been harassed, but do not want to initiate formal action, and do not feel they are able to confront the harasser directly have the following options:

  1. The complainant may confidentially approach Employee Relations and/or Union Representative to discuss the situation. Names or specific details need not be mentioned. Employee Relations and/or Union will discuss how the employee could confront the harasser directly or by way of private letter.

  2. The complainant may request a meeting with the respondent to confront and attempt to resolve the issues between the parties. Should the meeting prove unable to resolve the issue between the parties, the complainant could request a formal investigation.

  Formal Process

  Whether the complainant confronts the respondent or chooses not to, the behavior may warrant pursuing the complaint more formally. An employee who believes he/she have been harassed will forward his/her written complaint to a Shop Steward, his/her manager, or Employee Relations. The written complaint should include the following:

  • name, address and telephone number
  • work location and managers name
  • the name of the person whom you feel is harassing you (the respondent), along with the nature, date(s) and details of the incident(s)
  • an indication of whether the respondent or others were told the action(s) was unwelcome or offensive
  • a listing of all action taken so far to attempt resolution.

  The person receiving the complaint must immediately forward the complaint to the Manager, Employee Relations, who will immediately notify the Occupational Health & Safety committee. Neither the complainant's name, nor the circumstances relating to a complaint will be disclosed to anyone, except where disclosure is necessary for investigating the complaint or taking appropriate disciplinary measures or required by law.

  The Manager, Employee Relations may refer the complaint to an independent external investigator. The appointed investigator shall be given flexibility to shift from an investigative mode to one of conciliation, should the parties agree.

  When a complaint is being investigated, all employees involved are expected to cooperate fully with the investigator responsible for investigating the complaint. Following the investigation, a written report with the relevant recommendations shall be given to the Manager, Employee Relations for a decision. If the complainant or respondent is a member of the bargaining unit, then a copy of the report shall be provided to the Union President.

  Whether the harassment complaint is substantiated or not, the Manager, Employee Relations must inform the respondent, the complainant and the Occupational Health & Safety committee in writing that the harassment case has been concluded, thereby, ensuring closure of the formal investigation. If the employee is not satisfied with the outcome of the investigation or the disciplinary action taken, the complainant will be reminded of their continuing rights to file a complaint with the appropriate external agency.

  RETALIATION

  Retaliation is strictly prohibited against anyone that has reported harassment or participated in an investigation. Any signs of retaliation should be reported immediately to a manager, Employee Relations, Occupational Health and Safety committee or the union. Retaliation will result in disciplinary action, up to and including dismissal.

  BAD FAITH COMPLAINTS

  Complaints should be undertaken with great care because they may result in pain and damage to the respondent's reputation. Complaints made frivolously or in bad faith and without factual basis may constitute defamation and may be actionable by the respondent. Such complaints may result in disciplinary action, up to and including dismissal.

  COMPLAINT WITHDRAWAL

  A complainant may withdraw a complaint at any time, with the exception of the following:

• there exists a real or perceived threat to the health or safety of other employees;
• there is evidence that the complainant may have been threatened or may fear retaliation;
• failure to close the situation might endanger an employee;
• the complaint alleges serious abuse of power;
• failure to follow through on a complaint would seriously damage the reputation of ISM Canada.

  REPRESENTATION

  Union members have a right to union representation during any of these processes. Non-union employees are also entitled to representation by a person of their choice.

  EMPLOYEE AND FAMILY ASSISTANCE PROGRAM

  Employees who require counseling are encouraged to contact the Employee and Family Assistance Program.

  MANAGEMENT AND UNION RESPONSIBILITIES

  In keeping with good management practices, management and the Union must be sensitive to the possibility of harassment occurring and must be committed to ensuring that the work environment is free of harassment. Where an instance of harassment becomes apparent, management has a responsibility to take immediate and appropriate action the rectify the situation. ISM Canada management and the CEP Union are committed to a zero tolerance philosophy as it pertains to harassment in the workplace. It is the responsibility of both management and the Union to publicize this policy and to education all employees about this issue.