Common use of Jurisdiction, New Equipment and Methods Clause in Contracts

Jurisdiction, New Equipment and Methods. 9.1 Only employees under this Agreement as provided hereinafter shall perform all the duties related to: the maintenance of the Company's property; the preparation, administration, audition and the broadcast, rehearsal and preparation of the Company's originated television programs, the operation, installation, set up, assembly, modification and maintenance of all equipment used, owned, rented, leased or obtained by the Company; or any equipment obtained in the future to replace or supplement such equipment. (a) Notwithstanding anything to the contrary contained in this Agreement, it is agreed that the provisions of this Article 9 shall not be applicable to Agincourt Productions Inc. or its subsidiaries or to any subsidiary company of the Company, except as specifically set forth in Letters of Agreement Nos. 1 and 2 annexed hereto. (b) For the purposes of this Article, programs produced by the Company and Company originated television programs shall mean those productions and/or programs that are subject to the exclusive creative, financial, and production control of the Company. (c) CEP acknowledges that the Company shall have the right to assign, but shall be under no obligation to assign, employees to productions produced by any other company, including independent third party producers, Agincourt Productions Inc., or any subsidiaries of either Agincourt Productions Inc. or CFTO-TV (a division of CTV Television Inc.). In the event of an assignment by the Company, the terms of the Collective Agreement shall be binding on the Company, CEP and the employees so assigned. However CEP acknowledges that the Company shall have the right to grant leaves of absences to employees to allow employees to work on productions other than those of the Company, and in such cases, a leave of absence shall not constitute an

Jurisdiction, New Equipment and Methods. 9.1 Only employees under this Agreement as provided hereinafter shall perform all the duties related to: the maintenance of the Company's property; the preparation, administration, audition and the broadcast, rehearsal and preparation of the Company's originated television programs, the operation, installation, set up, assembly, modification and maintenance of all equipment used, owned, rented, leased or obtained by the Company; or any equipment obtained in the future to replace or supplement such equipment. (a) Notwithstanding anything to the contrary contained in this Agreement, it is agreed that the provisions of this Article 9 shall not be applicable to Agincourt Productions Inc. or its subsidiaries or to any subsidiary company of the Company, except as specifically set forth in Letters of Agreement Nos. 1 and 2 annexed hereto.set (b) For the purposes of this Article, programs produced by the Company and Company originated television programs shall mean those productions and/or programs that are subject to the exclusive creative, financial, and production control of the Company. (c) CEP acknowledges that the Company shall have the right to assign, but shall be under no obligation to assign, employees to productions produced by any other company, including independent third party producers, Agincourt Productions Inc., or any subsidiaries of either Agincourt Productions Inc. or CFTO-TV (a division of CTV Television Inc.). In the event of an assignment by the Company, the terms of the Collective Agreement shall be binding on the Company, CEP and the employees so assigned. However CEP acknowledges that the Company shall have the right to grant leaves of absences to employees to allow employees to work on productions other than those of the Company, and in such cases, a leave of absence shall not constitute an

Jurisdiction, New Equipment and Methods. 9.1 Only employees under this Agreement as provided hereinafter shall perform all the duties related to: the maintenance of the Company's property; the preparation, administration, audition and the broadcast, rehearsal and preparation of the Company's originated television programs, the operation, installation, set up, assembly, modification and maintenance of all equipment used, owned, rented, leased or obtained by the Company; or any equipment obtained in the future to replace or supplement such equipment. (a) . Notwithstanding anything to the contrary contained in this Agreement, it is agreed that the provisions of this Article 9 shall not be applicable to Agincourt Productions Inc. or its subsidiaries or to any subsidiary company of the Company, except as specifically set forth in Letters of Agreement Nos. 1 and 2 annexed hereto. (b) . The Union acknowledges and agrees that it does not represent any employees of Dome Productions Inc. and Exploration Production Inc., or any of their subsidiaries, which companies are separated and apart from the Company. The Union further acknowledges that it has no claim to any work or undertakings of Dome Productions Inc. and Exploration Production Inc., or to any of its subsidiaries. For the purposes of this Article, programs produced by the Company and Company originated television programs shall mean those productions and/or programs that are subject to the exclusive creative, financial, and production control of the Company. (c) CEP acknowledges that the Company shall have the right to assign, but shall be under no obligation to assign, employees to productions produced by any other company, including independent third party producers, Agincourt Productions Inc., or any subsidiaries of either Agincourt Productions Inc. or CFTO-TV (a division of CTV Television Inc.). In the event of an assignment by the Company, the terms of the Collective Agreement shall be binding on the Company, CEP and the employees so assigned. However CEP acknowledges that the Company shall have the right to grant leaves of absences to employees to allow employees to work on productions other than those of the Company, and in such cases, a leave of absence shall not constitute anan assignment by the Company and the terms of the Collective Agreement shall not apply. provisions of this section shall not be used to avoid filling a vacancy or recalling an employee on layoff, or to cause a layoff of an employee in the bargaining unit, or to avoid the payment of overtime or penalties as stipulated in this Agreement. (a) Notwithstanding Article certain non-union employees employed in the Programming Department and the Network, as part of their daily job duties, regularly use the equipment located within the newsroom. The Company shall not be required to alter existing methods and practices where certain personnel perform duties performed by employees in the bargaining unit provided such personnel shall not be used to displace or replace bargaining unit personnel nor to avoid filling a vacancy or to avoid the payment of overtime or penalties as stipulated in the collective agreement. Three Divisions For purposes of jurisdiction the bargaining unit shall consist of three (3) separate Divisions: Operations Division Jurisdiction The following duties relating to the broadcast, rehearsal and preparation of the Company's originated television programs and maintenance of the Company's property shall be performed by employees in the Operations Division of this Agreement if performed on premises owned operated by the Company and on location (a) Only employees under this Agreement in the Operations Division, except as outlined in shall operate, install, set-up, assemble, modify and maintain all equipment used, owned, rented, leased and obtained by the Company; or equipment obtained in the future to replace or supplement such equipment. Operations and Engineering Management may use technical equipment in the execution of their normal job function insofar as they do not displace an employee, avoid filling a vacancy or avoid payment of overtime or penalties in the bargaining unit. For the purposes of this Agreement, equipment shall mean that used in transmitting control and/or conducting audio and video signals (in the analog or digital domain), radio frequencies and signals for use in broadcast, closed circuit broadcast, rebroadcast, pickup relay, audition, rehearsal, recording, and/or air playback. The aforesaid jurisdiction shall include the following: The optical equipment physically associated with the above and used in live, film or recorded programs, slides, opaque pictures or other forms of pictures. The equipment used to project through the system, and the equipment used for technical inspection and evaluation of film, slides, opaque pictures or other forms of pictures. The sound effects equipment and facilities used to create aural illusions. Electronic video and audio recording equipment used in connection with live broadcast, recording, re-recording, editing and playback. The equipment referred to in Article shall include Camera packages operated by Camera persons.