Common use of SCOPE & RECOGNITION Clause in Contracts

SCOPE & RECOGNITION. 2.1 The Employer recognizes and agrees that the Union is the sole and exclusive bargaining agent for all employees in the bargaining unit defined by the Canada Industrial Relations Board in its Certificate issued February 7, 2005. The Employer and the Union have agreed that, further to the CIRB Certificate, the following positions are excluded from this Agreement: Employees in the ZoomerMedia Limited Information Technology department including Systems Analysts and Help Desk Technicians and the ZoomerMedia Limited Sales Research Department; Manager, Mosaic Screening; Vice President Original Content; Creative Director; Post Production Manager; Producer; Videographer; On-Air Talent. 2.2 The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee’s membership or non-membership in the Union or because of activity or lack of activity in the Union. 2.3 The Employer shall notify the Union of any newly created position(s) or classification(s) including positions or classifications for which it claims an exclusion from the bargaining unit. This notice shall be given within seven (7) calendar days of the creation of the position or classification and where the Employer seeks to exclude the position(s) or classification(s) from the bargaining unit, the notice shall include the reasons for the exclusion. In the event the Union disputes the proposed exclusion, the parties will meet within seven (7) calendar days of the Union being notified. Should the parties fail to reach agreement on any proposed exclusion, this matter shall become the subject of a grievance and may be referred to binding arbitration as per the provisions of this Agreement.