2005-065 A By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and The Canadian Union of Public Employees and Its Local 2380
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-065
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND
THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380
WHEREAS the Municipal Act, 2001,S.0. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are in
place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it desirable to enter into a collective agreement with the Canadian Union of
Public Employees and its Local 2380, effective March 13, 2005 to January 11, 2008.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Mayor and Clerk be authorized to execute the Collective Agreement
attached hereto as Schedule "A" and forming part of this By-Law.
2. THAT this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF JUNE, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF JUNE,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~. ~ ~7
M r, J. Neil Craig
SCHEDULE "A" OF BY -LA W 2005-065
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
AND
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 2380
COLLECTIVE AGREEMENT 2005-2008
TABLE OF CONTENTS
ARTICLE
PAGE #
ARTICLEI -PURPOSE
ARTICLE 2 - RECOGNITION
ARTICLE 3 -INTERPRETATION
ARTICLE 4 - MANAGEMENT RIGHTS
ARTICLE 5 - RELATIONSHIP
ARTICLE 6 - ACQUAINTING NEW EMPLOYEE WITH
COLLECTIVE AGREEMENT
ARTICLE7 -CORRESPONDENCE
ARTICLE 8 - LABOUR MANAGEMENT COMMITTEE
ARTICLE 9 - REPRESENTATION
ARTICLE 10 - NO STRIKE, NO LOCKOUT
ARTICLE 11- GRIEVANCE PROCEDURE
ARTICLE 12 - DISCIPLINE AND DISCHARGE
ARTICLE 13 - SENIORITY
ARTICLE 14 - JOB POSTING, PROMOTION AND TRANSFER
ARTICLE 15 - LAYOFF AND RECALL
ARTICLE 16 - HOURS OF WORK
ARTICLE 17 - OVERTIME
ARTICLE 18 - PUBLIC HOLIDAYS
ARTICLE 19- VACATIONS
ARTICLE 20 - SICK LEAVE
ARTICLE 21- ATTENDANCE
ARTICLE 22-LEAVES
ARTICLE 23 - WAGES AND ALLOWANCES
ARTICLE 24 - BENEFITS
ARTICLE 25 - HEALTH AND SAFETY COMMITTEE
ARTICLE 26 - BULLETIN BOARD
ARTICLE 27 - ALTERATION OR AMENDMENT
ARTICLE 28 - JOB SECURITY
ARTICLE 29 - TERM OF AGREEMENT
W AGE SALARY SCHEDULE - 2005
WAGE SALARY SCHEDULE - 2006
WAGE SALARY SCHEDULE-2007
NOTE APPLICABLE TO WAGE/SALARY SCHEDULE
LETTER OF UNDERSTANDING
LETTER OF UNDERSTANDING
LETTER OF UNDERSTANDING
LETTER OF UNDERSTANDING
POLICY REGARDING SELF-INSURANCE OF VISION CARE
VISION CARE REIMBURSEMENT EXPENSE FORM
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
AND
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 2380
ARTICLE 1- PURPOSE
1.01 The purpose of this Agreement is to provide for a collective bargaining
relationship between the Corporation and the Union with respect to the bargaining unit described
herein, to secure the prompt disposition of grievances, and to promote the efficient and
responsible operation of the Corporation's business and activities.
ARTICLE 2 - RECOGNITION
2.01 The Corporation recognizes the Union as the exclusive bargaining agent with
respect to all matters covered by this Agreement for all employees of the Corporation of the
Township of Oro-Medonte save and except foreperson, persons above the rank of foreperson,
administrative secretary, students employed during the school vacation period and students
employed on a cooperative or government sponsored work program with a community college.
2.02 The Union's National Representative is entitled to be present at meetings with the
Corporation relating to the grievance procedure, arbitrations, collective bargaining, whenever
otherwise entitled under relevant labour legislation, and at any other time as mutually agreed by
the parties.
ARTICLE 3 - INTERPRETATION
3.01
"Days" shall mean calendar days, unless otherwise specified.
The word "employee" or "employees" whenever used in this Agreement, shall
mean only the employees in the bargaining unit defined herein.
The "probationary period" for a new employee is ninety (90) days from the date of
hire.
"Steward" is an employee elected by the Union members and duly accredited in
writing as authorized to represent an employee(s) in presenting a grievance to the
Corporation.
The words "temporary employee" connote an employee hired on a temporary
basis not to exceed one hundred and thirty (130) days in a twelve (12) month
period, or an employee that is filling in for a permanent employee absent as a
result of illness, injury or leave of absence.
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3.02
interpreted
reqUIres.
Whenever the singular or masculine gender is used in this Agreement it shall be
as if the plural or feminine has been used where the context of the language so
3.03 (a) The Employer agrees to notify the Union upon hiring a temporary employee and
to advise the union whether the temporary employee is:
(a) filling in for a permanent employee absent as a result of illness, injury or
leave of absence as per Article 3.01: or
(b) is being hired on a temporary basis not to exceed 130 days in a 12 month
period as per Article 3.01.
3.03 (b) In the event that paragraph 3.03 (a) above applies, the Employer will notify the
Union of the name of the permanent employee being replaced on a fill-in basis and will notify the
Union when the permanent employee returns to work.
3.03 (c) In the event that paragraph 3.03 (b) applies the Employer shall continue within the
bounds of its past practice and will not work the temporary employee for more than 130 days
during the 12 month period commencing with the date of hire, or in any subsequent 12 month
period. In the event the Employer requires that temporary employee to work more than 130 days
in the 12 month period, the Employer will notify the Union and seek the Union's mutual
agreement to extend the period, which shall not be unreasonably withheld.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01 The Union recognizes and acknowledges that the management of the Corporation
and the direction of the working forces are fixed exclusively in the Corporation. Without
restricting the generality of the foregoing, the Union acknowledges that it is the exclusive
function of the Corporation to:
(a) Maintain order, discipline and efficiency;
(b) Hire, promote, demote, classify, transfer and retire employees;
(c) Discipline or discharge a probationary employee for just cause;
(d) Discipline or discharge regular employees for just cause;
(e) Make, enforce and alter, from time to time, rules and regulations to be observed by the
employees, provided such rules and regulations do not conflict with the provisions of this
Collective Agreement;
(f) Determine the nature and kind of business and activities conducted by the Corporation,
machinery and equipment to be used, the methods and techniques of work, the content of
jobs, the scheduling of work, the scheduling of employees including the scheduling of shifts
and overtime, the number of employees to be employed, the extension, limitation, curtailment
or cessation of operations or any part thereof, the standards of performance of employees, and
to determine and exercise all other functions and prerogatives;
(g) To set qualifications and establish and administer tests for the purpose of assisting the
Corporation in determining employees' qualifications in relation to job postings for
promotion and transfers;
(h) And, without limiting the generality of the foregoing, generally to manage the Corporation.
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ARTICLE 5 - RELATIONSHIP
5.01 The Employer shall deduct from the wages of employees the amount of regular
Union dues payable to the Union. "Regular Union dues" is as defined in the Labour Relations
Act, R.S.O. 1990, C.L.2 as amended.
5.02 The parties agree to a mandatory irrevocable check off of regular Union dues from
the pay of all bargaining unit employees. Deductions shall be made from the bi.weekly payroll
period. It shall be forwarded to the Secretary Treasurer of the Union local no later than the
fifteenth (15th) day of the month following, accompanied by a list of names of all employees
from whose wages the deductions have been made.
5.03 The Union shall indemnify and save the Corporation harmless from any claims,
suits, judgments, attachments and from any other form of liability as a result of the Corporation
making any deductions in accordance with the foregoing authorizations and assignments. The
Union will make refunds directly to all employees from whom wrongful deductions have been
made.
ARTICLE 6 - ACQUAINTING NEW EMPLOYEE WITH COLLECTIVE AGREEMENT
6.01 The Corporation agrees to acquaint new employees with the fact that a Collective
Agreement is in effect.
ARTICLE 7 . CORRESPONDENCE
7.01 Unless otherwise specified in this Agreement, correspondence between the
Corporation and the Union shall pass between the Chief Administrative Officer and Vice
President of the Union local.
ARTICLE 8 - LABOUR MANAGEMENT COMMITTEE
8.01 A Labour Management Committee shall be established conslstmg of two (2)
representatives of the Union and two (2) representatives of the Corporation. The Committee
shall meet once every two (2) months to discuss issues relating to the workplace which affect the
parties. Committee members shall receive a notice and an agenda prepared by the Chief
Administrative Officer at least forty-eight (48) hours in advance of the meeting. The Union shall
inform the Chief Administrative Officer of agenda items not later than forty-eight (48) hours in
advance of the agenda deadline. Union committee members shall not suffer any loss of pay for
having attended a meeting.
ARTICLE 9 - REPRESENTATION
9.01
Negotiating Committee
The Corporation shall recognize a Negotiating Committee composed of not more than two (2)
employees selected by the Union.
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9.02 Bargaining unit members of the Negotiating Committee shall not suffer a loss of
payor benefits when meeting with the Corporation.
9.03 Stewards
In order to provide an orderly and expeditious procedure for the disposition of a grievance, the
Corporation acknowledges the right of a Union to elect or appoint not more than two (2)
Stewards. Subject to the following considerations, a Steward shall assist any bargaining unit
member in preparing and presenting his grievance in accordance with the Collective Agreement.
9.04
Notification of Identity
(a) The Union shall notify the Corporation in writing of the names of its Stewards, Officers
and Officials. The Union shall notify the Corporation of any and all changes in this regard. The
Corporation shall not be required to recognize a Steward, Officer or Official until his name has
been provided by the Union to the Corporation in writing.
(b) The Corporation shall, if requested, supply the Union with a list of its supervisory or
other personnel with whom the Union may be required to transact business.
9.05
Servicing Grievances
It is understood that a Steward has Corporation work to perform. Accordingly, the Steward shall
normally service grievances outside of regular working hours. If it is necessary to service a
grievance during working hours, he will not leave his work without first obtaining the permission
of his immediate supervisor. Permission shall not be unreasonably withheld. In requesting such
permission, the Steward shall state his destination to his immediate supervisor and report again to
him at the time of his return to work. In accordance with this understanding, if the Steward deals
with grievances during his regular hours of work he shall only be paid for a reasonable amount of
time so spent. What is reasonable, is to be determined by the immediate supervisor.
ARTICLE 10 - NO STRIKE, NO LOCKOUT
10.01 There shall be no strikes or lockouts so long as this Agreement continues to
operate.
ARTICLE 11 - GRIEVANCE PROCEDURE
11.01 A grievance is a difference between the parties relating to the interpretation,
application, administration, or alleged violation of the Collective Agreement.
11.02 The parties agree that it is of utmost importance that grievances be addressed as
quickly as possible.
11.03 No employee shall have a grievance until the employee has given his immediate
supervisor an opportunity to resolve the complaint.
11.04 If an employee has a complaint, he shall diseuss it with his immediate supervisor
within three (3) working days (and before 12:00 Noon on the third day) of the occurrence, or
origin of the circumstances giving rise to the complaint, in order to afford his supervisor an
opportunity to resolve the complaint. The employee and his supervisor shall meet to discuss the
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complaint and the supervisor shall respond to the complaint within seven (7) working days of the
meeting. The employee may request the presence of a Steward.
11.05 Failing adjustment of the complaint to the mutual satisfaction of the employee and
the supervisor, the employee may grieve. A complaint shall be considered a grievance if it is
produced in writing, signed and dated by the employee and a Steward, and presented by a
Steward to the Chief Administrative Officer prior to 12:00 Noon and no later than three (3)
working days after the supervisor's response in Article 1 I .04.
11.06 When the Chief Administrative Officer receives the grievance, he shall arrange a
grievance meeting with the Union to discuss the grievance within seven (7) working days of
receiving it, or such longer period as may be mutually agreed upon to accommodate the parties.
The Chief Administrative Officer, or hislher designate, will provide the Union with a decision in
writing within seven (7) working days of the grievance meeting. Union representation shall
consist of the National Representative, and not more than one Steward. Upon mutual agreement
of the parties the grievor may be excused from attending the meeting.
11.07 In the event any difference arising from the interpretation, application,
administration or alleged contravention of this Agreement has not been satisfactorily settled
under the foregoing procedure, the matter may then be referred to arbitration as hereinafter
provided. The Union shall provide the employer with a copy of its written notice referring the
matter to arbitration. No matter may be referred to arbitration beyond seven (7) working days of
the receipt of the written response from the Chief Administrative Officer as specified in Article
11.06.
11.08 Any matter so referred to arbitration, including any question as to whether a
matter is arbitrable, shall be heard by a Board of three (3) members composed of a Chair and a
nominee appointed by each of the Corporation and the Union. The notice of the party referring
the decision to arbitration shall contain the name of its nominee to the Arbitration Board. The
recipient of the notice shall within fourteen (14) days advise the other party of the names of its
nominee. The two (2) nominees so appointed shall, within fourteen (14) days of the appointment
of the second of them, appoint a third person who shall be the impartial Chair. If the recipient of
the notice fails to appoint a nominee, or if the two (2) nominees fail to agree upon a chair, within
these time limits, the appointment shall be made by the Minister of Labour upon the requests of
either party. The Arbitration Board shall hear and determine the matter and shall issue a
decision. The decision shall be final and binding upon the parties and upon any employee
affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if
there is no majority, the decision of the Chair will govern.
11.09 The Arbitration Board shall not be authorized to alter, modify, or amend any of
the terms of this Agreement, nor to make any decision inconsistent therewith.
11.10 The Corporation and the Union shall each pay one-half (112) of the fees and
expenses of the Chair of the Arbitration Board and shall each pay the fees and expenses of their
nominee.
11.11
arbitration
parties.
It is agreed by the parties that the time limits set out with respect to grievances and
are mandatory and must be adhered to unless mutually agreed otherwise by the
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11.12 Where no reply is given to a grievance within the time limits specified, the Union
or the Corporation may submit the grievance to the next step in the Grievance Procedure.
11.13 Where the Arbitration Board determines that a disciplinary penalty or discharge is
excessive, it may substitute such other penalty for the discipline or discharge as it considers
appropriate in the circumstances.
11.14 The Corporation has the right to file a grievance with respect to the interpretation,
application, administration or alleged contravention of the Agreement by the Union. Such
grievance shall be presented in writing, signed by the Chief Administrative Officer or hislher
designate, and handed to the President of the Local within seven (7) working days of the
occurrence or origination of the circumstances giving rise to the grievance. Failing settlement, a
meeting will be held with the Union and the National Representative, and the Union shall give its
written reply to the grievance within seven (7) working days following the meeting. Failing
settlement, such grievance may be referred to arbitration under this Article within fourteen (14)
working days of the date the Corporation received the Union's reply.
11.15 The Union shall have the right to file a grievance based on a difference with the
Corporation arising out of the interpretation, application, administration or alleged contravention
of the Agreement. Such grievance shall not include any matters which can only be raised as a
personal grievance.
Such grievance shall be submitted in writing by the Union to the Chief Administrative Officer
within seven (7) working days of the occurrence or origination of the circumstances giving rise to
the grievance. Failing settlement, a meeting will be held with the Union within seven (7)
working days of the presentation of the grievance and the Corporation shall give the Union its
written reply to the grievance within seven (7) working days of the meeting or such longer period
as may be mutually agreed upon to accommodate the parties. Failing settlement, such a
grievance may be referred to arbitration under this Article within fourteen (14) working days of
the date the Union received the Corporation's reply.
11.16 The Union Local's President and a Steward shall not suffer a loss of payor
benefits when meeting with the Corporation at grievance meetings.
11.17 The grievor and the Steward shall not suffer a loss of payor benefits while
attending a grievance arbitration involving this Local.
ARTICLE 12 - DISCIPLINE AND DISCHARGE
12.01 Employees Who Have Completed Probationary Period
No Employee shall be disciplined or discharged without just cause.
12.02 Probationarv Employees
The Corporation may, in its discretion, terminate a probationary employee provided only that
such discretion shall not be exercised in a manner that is in bad faith.
12.03 Prior to the imposition of discipline or discharge, an employee shall be given
reason in the presence of hislher Steward or Union Representative, if so requested by the
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employee. Such employee shall be advised promptly in writing by the Chief Administrative
Officer or his designate of the reason for such discipline or discharge.
12.04 (a) An employee is entitled to review his personnel file in the presence of a
Corporation representative. The employee must provide the Chief Administrative Officer forty-
eight (48) hours notice of the intended review and a mutually convenient time will be
established.
(b) Disciplinary notices shall be retained in an employee's file. However, if a period
of twenty-four months has passed since the last such notice, the preceding disciplinary notice
shall not be relied upon by the Corporation in assessing appropriate discipline.
ARTICLE 13 - SENIORITY
13.01 Seniority is the length of service with the Corporation since the last date of hire.
For purposes of layoff, recall, job posting and promotion, seniority shall be on a departmental
basis. In all other cases, seniority shall operate on a bargaining unit-wide basis.
13.02
Seniority List
The Corporation shall maintain a seniority list showing the date upon which each employee's
service commenced. Where two (2) or more employees commenced work on the same day,
preference shall be in accordance with the date of application for employment. An up-to-date
seniority list shall be sent to the Union and posted on all bulletin boards in January of each year.
13.03
Loss of Seniority
Seniority shall terminate, and the employee shall be deemed to have quit, when the employee:
(a) resigns from the employ of the Corporation;
(b) retires, or is retired;
(c) is discharged for just cause and is not subsequently reinstated through the grievance or
arbitration procedures in this agreement;
(d) is off work due to layoff for a period of twelve (12) months;
(e) is absent without leave for three (3) consecutive working days during which time he has
failed to contact his immediate supervisor. It is the responsibility of the employee to provide
an explanation satisfactory to the Corporation;
(f) fails to report to work within five (5) working days after being notified by the Corporation of
a recall;
(g) fails to return to work upon termination of an authorized leave of absence unless a reason
acceptable to the Corporation is given.
13.04
Transfer Outside of the Bargaining Unit
(a) No employee shall be transferred to a position outside the bargaining unit without his
consent.
(b) If an employee is transferred to a position outside of the bargaining unit, he shall retain his
seniority up to six (6) months but not thereafter. Sucb employees shall continue to pay
union dues at their last unionized rate.
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13.05
Temporary Employees
Employees hired on a temporary basis, as defined in Article 3.01, are not subjeet to the seniority
provisions of this Agreement.
13.06
Probationary Employees
Probationary employees are not subjeet to the seniority provisions of this Agreement, with the
exception of Article 12.02. Upon successful completion of the probationary period, an
employee's name shall be placed on the seniority list with a service date indicating the date of
most recent hire.
13.07
Former Medonte Employees
Current members of the bargaining unit who were employed by the former township of Medonte
("Medonte") as of December 31, 1993, shall receive full credit for continuous employment with
Medonte, as per the language of the Collective Agreement.
ARTICLE 14 - JOB POSTING, PROMOTION AND TRANSFER
14.01
Job Postings
When a new position is created within the bargaining unit, or where in the view of the
Corporation a vacancy occurs, the Corporation shall post notice of the position on a department
bulletin board for a period of seven (7) working days to notify employees of the new position or
vacancy and to invite written application within the time period.
14.02
Such notice shall contain the following information:
(a) number of positions to be filled;
(b) title and description of position;
(C) qualifications and knowledge required;
( d) wage rate or range; and
(e) final date by which application must be received by the Corporation.
14.03 To be considered for the posted position an employee must make written
application no later than the final date indicated in the notice.
14.04 In cases of promotion to bargaining unit positions, the following factors shall be
considered:
(a) skill, ability, knowledge and qualifications;
(b) seniority.
Where the criteria referred to in factor (a) are relatively equal, factor (b) will govern.
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14.05
Notification to Union
Within seven (7) calendar days of the date of appointment pursuant to this Article, the name of
the successful applicant shall be sent to the Union, and a copy of this notice posted on a bulletin
board.
14.06
Trial Period
An employee who is the successful applicant for a promotion shall be confirmed in the position
subject to satisfactory completion of a twenty (20) working day trial period. Where the
Corporation determines that an employee has failed to satisfy the requirements of the position
into which he has posted, he shall be returned to his former job classification.
14.07 No outside applicant for a posted position shall be hired until it is determined that
none of the applicants from the bargaining unit is capable of being promoted pursuant to Article
14.04.
ARTICLE 15 - LAYOFF AND RECALL
15.01 Layoff Procedure
Layoffs shall be in inverse order of seniority on a departmental basis provided that the remaining
employees have the qualifications and ability to perform the work available.
15.02 Employees who have been laid off in accordance with this Article shall be
recalled in order of seniority, provided they have the qualifications and ability to perform the
work available. This provision shall not operate where an employee's right to be recalled has
been extinguished pursuant to Article 13.03(d).
15.03 It is the responsibility of an employee on layoff to keep the Corporation advised,
in writing, of his current address. The Corporation shall be deemed to have given an individual
on layoff notice of recall by sending notice of recall by registered mail to the last address
supplied to the Corporation by the individual. Such notice shall state the date and time that the
individual is required to report to work. Such notice shall be deemed to have been received on
the third working day after it has been sent by the Corporation.
15.04 The Corporation shall not hire a new employee to perform work in the
circumstance where there is an employee on layoff that is willing, qualified and able to perform
the work.
15.05 A grievance as to layoff or recall shall be initiated at the grievance procedure step
described in Article I I .06.
ARTICLE 16 - HOURS OF WORK
16.01
The scheduling of work is within the discretion of the Corporation.
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16.02
Roads Depanment
Winter hours of forty (40) hours per week shall commence the Tuesday following Labour Day
and end the first Monday in May. Hours to be worked in five (5) - eight (8) hour shifts.
Summer hours of forty (40) hours per week shall commence the first Monday in May and end the
Tuesday following the Labour Day Holiday. Hours to be worked in four (4) - ten (10) hours
shifts.
16.03
Parks & Recreation Department
Employees shall work forty (40) hours per week consisting of varied shifts.
In the Oro-Medonte Community Arena, if an employee is late or phones in sick, the
operator on duty shall ensure that he has contacted his supervisor to advise him of the
situation and will remain at work, up to a maximum of four bours and shall be paid for
actual hours worked at time and one half his regular fate of pay.
16.04
Office, Clerical and Technical
The normal hours of work shall be thirty-five (35) hours per week, Monday to Friday, 8:30 a.m.
to 4:30 p.m.
16.05
This Article does not constitute a guarantee of hours per day or days per week.
ARTICLE 17 - OVERTIME
17.01 In this Agreement, "overtime" is defined as hours of work performed in a week in
excess of the normal weekly hours of work described in Article 16.
17.02 When the Corporation determines that overtime is required, an employee required
to work overtime, and who works, may elect to either be paid at a premium rate for all overtime
hours worked, or to receive time off in lieu of overtime worked.
17.03 When an employee is required to work overtime, and works the overtime, and he
elects to be paid for said hours of overtime worked, any hours in excess of 37 hours for inside
employees and 42 hours per week for outside employees shall be considered overtime and he
shall be paid at the rate of one and one-half (1-112) times the regular rate of pay.
17.04 When an employee is required to work overtime, and prefefs to receive time in
lieu of receiving overtime pay, any hours in excess of 37 hours for inside employees and 42
hours per week for outside employees shall be considered overtime and the time in lieu banked
for the excess hours as indicated shall be at the rate of one and one-half (1-112) times the hours
worked, he shall communicate his election to the Department Head prior to working overtime.
The employee and the Department Head shall mutually agree on the time and date of such time
off.
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An employee may choose to receive time off in lieu of overtime pay at the appropriate rate at a
time mutually agreed upon between the employee and the supervisor. Outside employees shall
indicate their choice at the time of submitting their crew card. Inside employees shall indicate
their choice on the overtime authorization form.
There shall be permitted a maximum accumulation of five (5) days, a total of forty (40) hours for
outside bargaining unit members, and five (5) days a total of thirty-five (35) hours for inside
bargaining unit members in any calendar year. Any banked overtime not scheduled to be taken
off by year's end prior to November 30, will automatically be paid out to the employee at his
applicable rate as of December 31. The payment will be received with the employee's final
paycheque of the year. Overtime worked in December cannot be banked.
17.05 An employee who is called into work outside his regular hours shall be paid for a
minimum of four (4) hours at time and one-half his regular rate of pay. A Call Out is defined
as: An Emergency call out where an employee is required to make an extra trip to and
from his place of employment.
17.06 Where an employee is required to work four (4) hours of continuous work in
excess of the scheduled shift he shall be supplied with a meal allowance of eight dollars and
fifty cents ($8.50).
ARTICLE 18 - PUBLIC HOLIDAYS
18.01
employees:
The Corporation recognizes the following as paid holidays for permanent
New Year's Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
V2 Day before Christmas Day
Christmas Day
Boxing Day
V2 Day before New Year's Day
and any other day that is subsequently proclaimed a public holiday by the Federal or Provincial
Government.
18.02
Substitute Day for Observance of Holiday
When any of the holidays specified in Article 18.01 falls on a Saturday or Sunday, the next
regular day of work shall be deemed to be the holiday.
18.03
Eligibility for Paid Holiday
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An employee shall not be eligible for holiday pay unless he works his last regularly scheduled
shift before the holiday, and his first regularly scheduled shift after the holiday. This provision
shall not apply, however, if the employee is absent from work with permission on either or both
of the above days. Similarly, this provision shall not apply if an employee fails to report to work
due to illness which is subsequently verified to the satisfaction of the Corporation.
18.04 When any of the above noted paid holidays falls on an employee's scheduled day
off, the employee shall receive another day's pay at his standard basic rate, or if in the judgment
of the Corporation it will not adversely affect operations, the employee shall be given an
additional day off in lieu thereof with pay at a time mutually agreed upon by the employee and
the Corporation.
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18.05 Where an employee works on any of the days listed in Article 18.01, he shall be
paid at the rate of time and one-half (1-112) the employee's regular rate of pay, plus the
employee's regular pay for the day.
ARTICLE 19 - VACATIONS
19.01 Length of Vacation
All employees with less than one (1) year of continuous service from the last date of hire with the
Corporation shall be entitled to receive vacation with pay in accordance with the Employment
Standards Act.
19.02 All employees with one or more years of continuous service from last date of hire
with the Corporation shall be eligible for vacation with pay, as follows:
,,_ ~"'::~""'=Y'1!-:" -:8:0\.1"'~ y"'" - 0c'<<"'f~~)j~ ""-y
COl.'\lTlNtJOt1SSERVlm ,'. ,c.: . iY~ninONENTm:...EMENT
1 Year
3 Years
8 Years
13 Years
2 Weeks
3 Weeks
4 Weeks
5 Weeks
19.03 An employee's vacation entitlement shall be reduced on a pro rata basis if the
employee's annual attendance record discloses absences due to sickness of twenty (20) working
days or more.
19.04
Compensation for Holidays Falling Within Vacation Schedule
If a paid holiday falls or is observed during an employee's vacation period, he shall be allowed an
additional vacation day with pay at a time mutually agreed to. If the Corporation and the
employee cannot come to a mutual agreement, the holiday shall be taken within one (1) month of
the employee's return to work from vacation.
19.05 An employee severing his employment at any time in the vacation year prior to
using accrued vacation, shall be entitled to a proportionate payment of wages in lieu of such
vacation.
19.06
Unbroken Vacation Period
]4 of 30
The Corporation shall endeavour, when so requested, to schedule employees to receive an
unbroken period of vacation. No such period may exceed three (3) consecutive weeks in
duration.
19.07 In the event of the death of an employee, his executor or administrator shall be
entitled to receive such vacation pay as may stand to the employee's credit, subject to filing an
executed Succession Duty Release in appropriate form with the Chief Administrative Officer.
t4
19.08 The Corporation may, in its discretion, permit an employee to carryover a
maximum of five (5) days vacation from one year to the next. Such discretion shall not be
exercised in bad faith.
ARTICLE 20 - SICK LEAVE
20.01 Sick leave with pay shall be provided to protect permanent, full-time employees
against loss of income resulting from absences from work due to genuine illness. Temporary
employees, and employees serving a probationary period are not entitled to sick leave with pay.
20.02 Eligible employees shall be granted six (6) sick days per year at January I st of
each year with no carryover from year to year. In addition to the foregoing, employees hired
prior to ratification shall maintain any unused sick leave credits held as of the date of ratification
for future use. In any event, however, any accumulation of sick leave credits shall be to a
maximum of six (6) days.
20.03 Employees absent due to a sickness occurrence shall expend not more than three
(3) sick leave credits and shall be entitled to no more than three (3) days sick pay.
20.04 In all cases of absence of three (3) days or more, or upon returning to work from
the absence of three (3) days or more, the employee shall require his physician to prepare a
medical certificate, and shall deliver same to the Chief Administrative Officer. Said medical
certificate shall indicate; the date(s) the employee was seen by his physician; dates the employee
has been unable to work due to illness; and prognosis for a return to regular duties. The
Corporation reserves the right to request such a certificate before the three (3) days if the
Corporation feels that the employee's absence is not justified. This request shall not be
exercised in bad faith. If there are any billing fees associated with obtaining the certificate, the
Corporation shall pay 100 % of the billed fees.
ARTICLE 21- ATTENDANCE
21.01
The Corporation is entitled to regular attendance on the part of its employees.
21.02 If an employee is unable to attend at work as scheduled, he is required to notify
the Immediate Supervisor or designate, failing that the Chief Administrative Officer or
designate not later than the employee's scheduled starting time, providing details of the reasons
for his absence from work and of the expected duration of the absence. The employee may
subsequently offer evidence of extenuating circumstances that explains the failure to provide
notice as above.
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ARTICLE 22 - LEAVES
22.01
Bereavement Leave
(a) An employee shall be entitled to five (5) days leave of absence with pay to attend the
funeral of a member of his immediate family.
(b) "Immediate family" for purpose of Article 22.01(a) means the employee's parents,
stepparents, spouse, same-sex partner, child, step-children, brother, sister, mother-in-law,
father-in-law, brother-in-law, sister-in-law, grandparent, grandchild, niece or nephew.
(c) A paid leave of absence of up to one (I) day may be granted an employee for the purpose
of attending the funeral of someone other than a member of the employee's immediate family.
(d) The Corporation may, in its sole discretion, grant an employee additional days off for the
purpose of attending a funeral outside the Province of Ontario.
(e) The Corporation is entitled to demand proof of death and/or relationship, and the
employee shall provide same.
22.02
Jury Service or Court Witness Leave
(a) The Corporation shall grant an employee a leave of absence to serve as a juror, or
to attend at criminal court as a Crown witness pursuant to a subpoena, or as a witness for the
Corporation in any legal proceeding. The Corporation shall pay such an employee his regular
wage in respect of such leave. Any payment he receives in respect of jury service, or as a witness
for the Crown or the Corporation, shall be forwarded to the Township immediately upon receipt
thereof. The employee will present proof of service, or attendance as the case may be, and the
amount of any payment received.
(b) The employee is required to notify the Corporation as soon as possible of his selection for
jury service, or in the event he has been subpoenaed by the Crown to attend as its witness in
criminal court.
(c) The employee is required to report to work at all times and on dates when not actually
required in Court.
22.03
Prelmancv, Parental Leave and Family Leave
The Township will abide by the requirement as set out in legislative requirements.
22.04
Union Leave
Upon written application to the Chief Administrative Officer submitted at least twenty-one (21)
days in advance, an employee may be granted an unpaid leave of absence equal to an aggregate
of fifteen (15) working days per calendar year for the bargaining unit (combined inside and
outside units) for the purpose of representing the Union at conventions, conferences, seminars or
workshops. Upon mutual consent of the Union and the Corporation, additional unpaid days of
leave may be granted. The employees' wages and benefits shall not be interrupted. However,
the Union shall reimburse the Corporation for all wages concerned.
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ARTICLE 23 - WAGES AND ALLOWANCES
23.01
Wage/Salary Administration
(a) The Corporation shall pay permanent employees the wages/salary as described in the
attached wage schedules. Wages shall be paid bi-weekly.
(b) Upon appointment to a bargaining unit position that represents a promotion, an
employee's wage shall be set at that step in the range for the new position that represents the
wage that is closest, and not less than the employee's current wage.
23.02
Automobile Allowance
The Corporation will pay an employee who is required by the Corporation to use his personal
automobile for Corporation business, an automobile allowance in accordance with the rate
established from time to time by the Corporation.
23.03
Clothing and Boot Allowance
Outside employees in the Public Works, and Parks and Recreation Departments and
BuildinglBy-law Inspectors shall be provided with a cheque in January of each year in the
amount of two hundred and fifty dollars ($250.00) for the purchase of clothing that the
Corporation specifically requires to be worn.
The Corporation agrees to provide rain gear, gloves, insulated safety rubber boots and
extra liners, hard hats, and high visibility orange safety wear consisting of jacket,
coveralls/overalls, vests, to the employees, who in the Corporation's opinion require such
items on a need be basis. Worn out clothing must be turned back in to receive new at the
diseretion of the Supervisor.
23.04 Where an employee, at the request of the Corporation, performs a higher rated job
for a period exceeding ten (10) working days, the employee shall receive the rate which is
immediately above the current rate of the employee for all hours worked in that higher rated job.
23.05 When an employee, at the request of the Corporation, is temporarily assigned to a
position paying a lower rate, his rate shall not be reduced.
23.06 The Corporation shall endeavour to provide an employee with any pay cheques
that would ordinarily be received during the employee's scheduled vacation, provided the
employee makes a written request for same to the Chief Administrative Officer at least twenty-
one (21) days in advance of the commencement of the scheduled vacation.
ARTICLE 24 - BENEFITS
24.01 The Corporation shall, during the term of the current Collective Agreement, pay
one hundred percent (100%) of the billed premium for the provision of the following benefits for
eligible, permanent full-time employees:
(a) life insurance of triple annual salary to a maximum of $300,000; dependent coverage for
spouse to $10,000 and each child for $2,500;
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(b) accidental death and dismemberment, where the level of benefit is dependent upon type
of loss, but in no case exceeding two times (2x) the employee's annual salary, or $100,000,
whichever is less;
(c) long-term disability of seventy-five percent (75%) of monthly earnings to a maximum of
$3,500 per month;
(d) weekly indemnity of seventy-five percent (75%) of weekly earnings to a maximum of
$1,000 per week;
(e) hospital medical insurance as provision of Vision Care is now included in a new Policy
regarding Self-Insurance of Vision Care Attached. The employer agrees to review this program
on a annual basis;
(I) removal of the ten dollar ($10) single and twenty dollar ($20) family deduction from
Extended Health Care Benefits;
(g) dental expense insurance at O.D.A. suggested fee schedule minus two (2) years;
(h) a card is provided for pay direct system for prescriptions and dental care.
Basic Services:
Maior Services:
100% of eligible charges; no maximum
50% of eligible charges; $1,500 maximum per calendar
year.
50% of eligible charges; lifetime maximum of $1,500.
Orthodontic:
24.02
Pension:
All permanent and probationary employees shall be enroled in the Ontario Municipal Employees
Retirement System Plan ("OMERS"). However, this Article does not apply to those current
employees who elected not to enrol in OMERS prior to April 20, 1994.
24.03
Employee Assistance Program:
All eligible, permanent employees and covered family members shall be enrolled in an Employee
Assistance Program. The Corporation shall, during the term of the current Collective
Agreement, pay one hundred percent (100%) of the billed premiums.
ARTICLE 25 - HEALTH AND SAFETY COMMITTEE
25.01 The Corporation and the Union acknowledge their shared statutory obligation of
maintaining a safe and healthy workplace environment. To that end, a Joint Health and Safety
Committee shall be established.
25.02 Where it is deemed appropriate by the Health and Safety Committee that an
employee receive preventative vaccination as a result of the working environment, any costs shall
be borne by the employer.
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ARTICLE 26 - BULLETIN BOARD
26.01 The Corporation shall provide the Union with bulletin board space in the arena,
the works garages and a specific area in the administration office designated by the Corporation
for the purpose of posting Union notices regarding meetings and other lawful activities of trade
Unions. All such notices must be approved by the Chief Administrative Officer or hislher
designate prior to posting.
ARTICLE 27 - ALTERATION OR AMENDMENT
27.01
Any alteration or amendment of this Agreement shall be in writing, and shall be
executed by both the Corporation and the Union.
ARTICLE 28 - .JOB SECURITY
28.01 For the term of the first collective agreement, no member of the bargaining unit
with five (5) or more years of seniority with the Corporation shall be laid off as a result of the
contracting out of work normally performed by members of the bargaining unit.
ARTICLE 29 - TERM OF AGREEMENT
29.01
This Agreement is effective March 13,2005 to January 11,2008.
29.02 In the event that either party to this Agreement provides written notice of its desire
to renew this Agreement, negotiations shall commence within fifteen (15) days of the notice, or
at a time mutually agreed upon by the parties if such written notice is given within ninety (90)
days of the expiry of the agreement.
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DATED at the Township of Oro-Medonte this eX. I
day of -::::r:; P.AI Q , 2005.
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
~~
MAYOR' ~
ClERK ?ia~'} rr .po ~ · o~
CANADIAN UNION OF PUBLIC EMPLOYEES
ANDITSPM<UA4~
~/?7a~~~
~) /MiA,
National RePresentative
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WAG~SALARYSCHEDULE
BARGAINING UNIT EMPLOYEES
effective January 1,2005
22.88 24.03 25.18 26.33 27.49
22.06 23.17 24.29 25.40 26.52
21.23 22.30 23.37 24.44 25.51
17.81 18.74 19.67 20.60 21.53
17.76 18.69 19.62 20.54 21.47
17.49 18.41 19.34 20.26 21.18
15.73 16.61 17.48 18.35 19.22
15.85 16.72 17.59 18.45 19.32
15.64 16.50 17.37 18.23 19.10
15.49 16.34 17.20 18.06 18.91
15.11 15.93 16.76 17.58 18.41
14.75 15.56 16.37 17.18 18.00
14.50 15.30 16.10 16.89 17.69
14.62 15.41 16.21 17.00 17.80
14.37 15.15 15.93 16.71 17 .49
12.38
12.40
12.23
14.39
14.39
14.22
15.07
15.05
14.88
13.05
13.06
12.90
13.72
13.72
13.56
21 of 30
WAGE/SALARY SCHEDULE
BARGAINING UNIT EMPLOYEES
effective January 8, 2006
23.57 24.75 25.94 27.12 28.31
22.72 23.87 25.01 26.16 27.31
21.86 22.97 24.07 25.17 26.28
18.35 19.31 20.26 21.22 22.18
18.29 19.25 20.20 21.16 22.11
18.02 18.97 19.91 20.86 21.81
16.21 17.10 18.00 18.90 19.79
16.32 17.22 18.11 19.01 19.90
16.10 16.99 17.89 18.78 19.67
15.95 16.83 17.72 18.60 19.48
15.56 16.41 17.26 18.11 18.96
15.19 16.03 16.86 17.70 18.54
14.94 15.76 16.58 17 .40 18.22
15.05 15.87 16.69 17.51 18.33
14.80 15.60 16.41 17.21 18.01
12.75
12.77
12.60
14.13
14.13
13.96
14.83
14.82
14.65
15.52
15.50
15.33
13.44
13.45
13.28
22 of 30
W AGE/SALARY SCHEDULE
BARGAINING UNIT EMPLOYEES
effective January 7, 2007
24.27 25.49 26.71 27.94 29.16
23.40 24.58 25.76 26.95 28.13
22.52 23.65 24.79 25.93 27.06
18.90 19.88 20.87 21.86 22.84
18.84 19.82 20.81 21.79 22.77
18.56 19.53 20.51 21.49 22.46
16.69 17.61 18.54 19.46 20.39
16.81 17.73 18.65 19.57 20.50
16.58 17.50 18.42 19.34 20.26
16.43 17.34 18.24 19.15 20.06
16.03 16.90 17.78 18.65 19.52
15.64 16.50 17.37 18.23 19.09
15.38 16.23 17.07 17.92 18.77
15.50 16.35 17.19 18.03 18.88
15.24 16.07 16.90 17.72 18.55
13.13
13.15
12.98
14.56
14.56
14.38
15.27
15.26
15.08
15.98
15.96
15.79
13.84
13.85
13.68
23 of 30
NOTES APPLICABLE TO WAGE/SALARY SCHEDULE
It is mutually agreed and understood between the parties that, the criteria required to
progress along the wage grid has been developed and the following notes apply to the
application of the wage/salary schedule:
1. New employees shall be placed by the Corporation.
2. There will be no automatic progression.
3. Progression shall be based on merit and shall be at the discretion of the Employer.
4. The Corporation shall ensure all employees recognized under this Collective
Agreement will receive the applicable negotiated wage/salary increases.
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LETTER OF UNDERSTANDING
Between:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
- and-
THE CANADIAN UNION OF PUBLIC EMPLOYEES
Should Council initiate a change to the level of service, in accordance with Article
27 the Union will be contacted.
DATED at the Township of Oro-Medonte this c:t f
dayof~~
,2005.
9 - J1~0.A ~
MAYO~~~{
CLERK U /.
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS L9JA~ 23'0 d
t:/~AhfA4k.,
~1C/J'7/g ~~~<
/~ ~VI
National Representative
25 of 30
LETTER OF UNDERSTANDING
Between:
THE CORPORA TION OF THE TOWNSHIP OF ORO-MEDONTE
- and-
THE CANADIAN UNION OF PUBLIC EMPLOYEES
The Corporation will under take to complete a full salary review, completed before
the expiry of the first year of the collective agreement (December 31, 2005).
DATED at the Township of Oro-Medonte this (~I
.........,..-.-
day of ~. / J'; .l D
,2005.
o. Jt,J~ (>A~z}
MAYOtV .
/L" '~Y" ,f"'1'.:d
CLERK 0
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS Lb~/p"...e-u"vf
~7?;;', r~<
National Representative
26 of 30
LETTER OF UNDERSTANDING
Between:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
- and-
THE CANADIAN UNION OF PUBLIC EMPLOYEES
Union and Employer will jointly prepare a survey with respect to the EAP
program. Any savings realized through the EAP shall be directed towards the
vision care package for the full-time employees only.
DATED at the Township of Oro-Medonte this 0'2/
day of ::::::r:;1A..J?
,2005.
;J- k4~ ~/
MAYOR
~ . .trJ · Jl, - 'O..i
CLERK (
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LJ9AL 2380 /1
/(M<~vK..
~~/~~~p
~a! ~t4\
National Representative
27 of 30
LETTER OF UNDERSTANDING
Between:
THE CORPORA TlON OF THE TOWNSHIP OF ORO-MEDONTE
- and-
THE CANADIAN UNION OF PUBLIC EMPLOYEES
One year trial (2006) - Vacation
1. The Corporation shall attempt to provide vacations during the periods
prefened by employees; however, in scheduling vacations, the Corporation shall
ensure that operational requirements are met and that sufficient personnel are
available to provide the required level of service. If two or more employees
simultaneously request the same vacation time, and a conflict arises, seniority shall
govern.
2. Applications for scheduling vacation shall be made in writing, by January
15 to January 31 for the cunent year for an employee's full vacation entitlement.
Management will process and approve applications as noted above.
3. An application for scheduling vacation made after January 15 to January 31
shall be submitted in writing, as far in advance of the requested time as possible.
Management will process and approve such applications, as noted above, on a
first-come, first-served basis. Once such an application for scheduling vacation
has been approved, such scheduling cannot be changed except by the approval of
their immediate supervisor and the Chief Administrative Officer.
DATED at the Township of Oro-Medonte this c2f
~
day of ..... I .1.1 A.-iL. , 2005.
~. ~ C-1.." ~
MAYO t?
'Xi'T R,~ '6~-
CLERK (
CANADIAN UNION OF PUBLIC MPLOYEES
AND ITS AL 2380
~k~
National Representative
?R of 10
Oro-Medonte Township
Policy Regarding Self-Insurance of Vision Care
Section Subject Page
1 of I
ADMINISTRA TION SELF-INSURANCE OF Day Month Year
VISION CARE 15 06 2005
Policy
The Township of Oro-Medonte will reimburse each employee and each of their dependants
whom are enrolled in the extended health benefit plan up to $100.00 every 12 months for:
. Eyeglasses (lenses and/or frames) including prescription sunglasses;
. Contact lenses;
. Repairs to such lenses and/or frames
Benefits not used in the calendar year can be banked up to a maximum of $200.00.
The benefit maximum of $200.00 may be shared among all members of a family. I.e. 4
family members with a maximum of $200.00 each for a total of $800.00 can be split by 2
family members for $400.00 each.
Eye Examinations will be paid upon submission of receipts as part of the $100.00 every 12
month benefit.
The Township of Oro- Medonte will not pay benefits for:
. Any expenses covered by the Workplace Safety and Insurance Board or any
government plan.
The definition of Employee or dependants will be used as outlined in the Township's extended
health benefits package.
Procedure
1) All prescription VISIOn care expenses incurred on or after January 1, 2002 must be
submitted to the Human Resources Officer in order to be considered for payment.
2) Complete the Vision Care Expense form. Employee signature required.
3) Original receipts must be presented for payment. In the instance where reimbursement is
received through a spouse's employee benefit plan, a copy of the receipt may be
submitted with the original payment statement from the spouse's benefit carrier.
4) If the claim is for a dependant as outlined in the Township master benefit plan, their name
and date of birth must be indicated.
5) Reimbursement will be made within three (3) weeks of approval of the claim.
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TOWNSHIP OF ORO-MEDONTE
VISION CARE REIMBURSEMENT EXPENSE FORM
DATE:
EMPLOYEE NAME:
EMPLOYEE #:
DEPENDANT NAME:
DEPENDANT BIRTH DATE:
CLAIM AMOUNT:
CO-ORDINATION OF BENEFITS:
YES
NO
SHARING OF BENEFIT MAXIMUMS:
DEPENDENT NAME & AMOUNT:
DEPENDENT NAME & AMOUNT:
EMPLOYEE SIGNATURE:
FOR OFFICE USE ONLY
DATE OF LAST CLAIM:
AMOUNT OF LAST CLAIM:
APPROVAL:
YES
NO
APPROVED AMOUNT:
APPROVED BY:
DATE SUBMITTED TO PAY ABLES:
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