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Grievance Scenario # 4 The grievor was an 'on-air' personality at a local television station. Due to a change in television programming requirements, the grievor
Grievance Scenario # 4 The grievor was an 'on-air' personality at a local television station. Due to a change in television programming requirements, the grievor was informed that his employment was terminated, in accordance with the Collective Agreement. The Employer referenced collective agreement Article 4.02 (b) (i). Collective Agreement Article 4.02 reads as follows: Article 4.02: In the event that the Employer seeks to replace an anchor person, the following procedure shall apply: (a)the Employee affected shall be informed in writing; (b)upon delivery of this notice, the Employer shall select one of the following options: (i)to pay the Employee the lump sum severance payment outlined in (c) below, or (ii)to permit the Employee to exercise his/her seniority to displace a less senior Employee or fill a vacancy in any other job classification other than anchor person, in which the Employee has previously successfully performed the duties of the other classification or has the ability to perform the job immediately upon reassignment or following a reasonable familiarization period. Upon such reassignment, the Employee's previous salary will be maintained for the first three months of such reassignment, following which the Employee shall be placed in the rate on the salary scale of his/her new classification which is closest to his/her previous rate; (c)an Employee terminated pursuant to this Article shall be entitled to severance pay in accordance with the following terms and conditions: (i)post-probation to five (5) completed years of service - six months, (ii)thereafter, two weeks additional severance pay per six (6) months of service, calculated on a pro rata basis, (iii) the maximum severance payable under this Article shall be twelve (12) months pay, (iv)this severance pay shall be paid by way of a lump sum, (v)and partial coverage under the Employer's Group Benefit Plan will be continued for the terminated employee for a time period based on one (1) week for each year or part year of service to a maximum of fifty-two (52) weeks. The only portions of the Employer's Group Benefit Plan coverage to be continued are: medical benefits, dental care, vision care, life insurance, accidental death & dismemberment and hospital expense benefits. Those portions of the Group Insurance Program which will not be continued are Long Term Disability and Short Term Disability. (vi)such severance pay and benefits continuation shall include and be in lieu of any notice or severance pay obligations established by the Canada Labour Code; (d)an Employee terminated pursuant to this Article shall be granted reasonable access to company facilities to produce "air-checks" and such other material which may be required to assist the Employee in securing new employment; (e)in the event that an Employee is displaced from his/her job classification by the exercise of these provisions, he/she shall in turn have the right to displace a less senior Employee in a job classification for which the displaced Employee meets the criteria outlined in (b) above; (f)the Employer shall not use the rights contained in this Article as a substitute for the disciplinary powers contained in Article 6; discipline may only be exercised with just and sufficient cause. The Employer complied with the severance requirements of Article 4.02 (c). The grievor filed a grievance that the Article was a violation of Collective Agreement norms, specifically, that the Employer could not utilize its common law right to terminate employment upon payment of a severance as this was in violation of the accepted practice that, once unionized, the grievor has the right to the grievance and arbitration process; and, corollary employment reinstatement as restitution. Question- What will be the negotiators made by grievor, management and the union
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