2002-036 To authorize the execution of an agreement between the Township of Oro-Medonte and the Canadian Union of Public Employees and Its Local 2380.0
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2002 -036
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, R.S.O. 1990, Chapter M.45, Section 207, as amended,
provides the authority for a municipality to enter into an agreement;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it desirable to enter into such an agreement with the Canadian Union of Public
Employees and its Local 2380 effective February 11, 2002 to January 3, 2005;
NOW THEREFORE the Council of the Township of Oro - Medonte enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute a Collective
Agreement, said agreement attached hereto as Schedule 'A' and forming part of
this by -law.
2. THAT this by -law come into full force and effect upon final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 3RD DAY OF APRIL, 2002.
BY -LAW READ A THIRD AND FINAL TIME THIS 3rd DAY OF April 2002.
IN IT
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Anti Mayor, 7. Neil Cr
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Clerk, Maril Pennycook 6
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TABLE OF CONTENTS
ARTICLE PAGE #
ARTICLE 1 -PURPOSE
2
ARTICLE 2 - RECOGNITION
2
ARTICLE 3 - INTERPRETATION
2
ARTICLE 4 - MANAGEMENT RIGHTS
3
ARTICLE 5 - RELATIONSHIP
4
ARTICLE 6 - ACQUAINTING NEW EMPLOYEE WITH
COLLECTIVE AGREEMENT
4
ARTICLE 7 - CORRESPONDENCE
4
ARTICLE 8 - LABOUR MANAGEMENT COMMITTEE
4
ARTICLE 9 - REPRESENTATION
5
ARTICLE 10 - NO STRIKE, NO LOCKOUT
5
ARTICLE 11- GRIEVANCE PROCEDURE
6
ARTICLE 12 - DISCIPLINE AND DISCHARGE
8
ARTICLE 13 - SENIORITY
8
ARTICLE 14 - JOB POSTING, PROMOTION AND TRANSFER
10
ARTICLE 15 - LAYOFF AND RECALL
11
ARTICLE 16 - HOURS OF WORK
11
ARTICLE 17 - OVERTIME
12
ARTICLE 18 - PUBLIC HOLIDAYS
13
ARTICLE 19 - VACATIONS
14
ARTICLE 20 - SICK LEAVE
15
ARTICLE 21- ATTENDANCE
15
ARTICLE 22 - LEAVES
15
ARTICLE 23 - WAGES AND ALLOWANCES
16
ARTICLE 24 - BENEFITS
17
ARTICLE 25 - HEALTH AND SAFETY COMMITTEE
18
ARTICLE 26 - BULLETIN BOARD
18
ARTICLE 27 - ALTERATION OR AMENDMENT
19
ARTICLE 28 - JOB SECURITY
19
ARTICLE 29 - TERM OF AGREEMENT
19
WAGE SALARY SCHEDULE - 2002
21
WAGE SALARY SCHEDULE - 2003
22
WAGE SALARY SCHEDULE - 2004
23
NOTE APPLICABLE TO WAGE /SALARY SCHEDULE
24
LETTER OF UNDERSTANDING
25
.
LETTER OF UNDERSTANDING
26
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 govermnent 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.
IN
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.
3.02 Whenever the singular or masculine gender is used in this Agreement it shall be
interpreted as if the plural or feminine has been used where the context of the language so
requires.
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 pennanent 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;
3
(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.
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 payroll period at
the end of each month. It shall be forwarded to the Secretary Treasurer of the Union local no
later than the fifteenth (15 "') day of the month following, accompanied by a list of names and
addresses 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 Recording
Secretary of the Union local.
ARTICLE 8 - LABOUR MANAGEMENT COMMITTEE
8.01 A Labour Management Committee shall be established consisting 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
4
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.
9.02 Bargaining unit members of the Negotiating Committee shall not suffer a loss of
pay or 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.
i
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 discuss 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
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 11.04.
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 his 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 (1/2) 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 It is agreed by the parties that the time limits set out with respect to grievances
and arbitration are mandatory and must be adhered to unless mutually agreed otherwise by the
parties.
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 his
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
tpersonal 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
7
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 pay or
benefits when meeting with the Corporation at grievance meetings.
11.17 The grievor and the Steward shall not suffer a loss of pay or 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 Probationary 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 his Steward or Union Representative, if so requested by the 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 lay off, 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.
3
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 Seniori
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;
( fails to report to work within five (5) working days after being notified by the Corporation of
a recall;
16 (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 accumulated up to the date of leaving the unit for up to six (6) months but not
thereafter.
13.05 Temporary Employees
Employees hired on a temporary basis, as defined in Article 3.01, are not subject to the seniority
provisions of this Agreement.
13.06 Probationary Employees
Probationary employees are not subject 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 POSTIN
14.01 Job Postings
PROMOTION AND TRANSFER
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.
14.05 Notification to Union
Within seven (7) calendar days of the date of appointment pursuant to this Article, the name of
Is 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 11.06.
ARTICLE 16 - HOURS OF WORK
41 16.01 The scheduling of work is within the discretion of the Corporation.
16.02 Roads Department
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.
II
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.
0 16.03 Parks & Recreation Department
Employees shall work forty (40) hours per week consisting of varied shifts.
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 detennines 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 -1 /2) times the regular rate of pay.
17.04 When an employee is required to work overtime, and prefers 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 (1-1/2) 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.
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.
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17.05 An employee who is called into work outside his regular hours shall be paid for a
minimum of two hours at time and one -half his regular rate of pay.
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 six dollars and fifty
cents ($6.50).
ARTICLE 18 - PUBLIC HOLIDAYS
18.01 The Corporation recognizes the following as paid holidays for permanent
employees:
New Year's Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
'/z Day before Christmas Day
Christmas Day
Boxing Day
'/2 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
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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0
v
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:
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
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.
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19.08 The Corporation may, in its discretion, pen-nit an employee to carry over 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 1" of
each year with no carry over 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. If there are
any extra billing fees associated with obtaining the certificate, the Corporation shall pay one -half
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 Department Head or the Chief Administrative Officer 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.
ARTICLE 22 - LEAVES
0 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,
spouse, child, step - children, brother, sister, mother -in -law, father -in -law, brother -in -law, sister -
in -law, grandparent, grandchild, niece or nephew.
1s
(c) A paid leave of absence of up to one (1) 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 Pregnancy and Parental Leave
Pregnancy and parental leave will be granted by the Corporation in accordance with the
Employment Standards Act, R.S.O. 1990, c.E.14.
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,
0 the Union shall reimburse the Corporation for all wages concerned.
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.
16
(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
Building /By -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.
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 $260,000; dependent coverage
for spouse to $10,000 and each child for $2,500;
(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;
17
(e) hospital medical insurance as provision of Vision Care is now included in a new Policy
regarding Self - Insurance of Vision Care. The employer agrees to review this program on a
annual basis;
(f) 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:
Major Services:
(lrthntlnnti r-
24.02 Pension:
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.
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.
i24.03 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.
• 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 his /her
designate prior to posting.
0
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 February 11, 2002 to January 3, 2005.
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.
19
E
DATED at the Township of Oro - Medonte this day of , 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
MAYOR
CLERK
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 2380
4/25/2002
Representative
Fli
C
WAGE/SALARY SCHEDULE
BARGAINING UNIT EMPLOYEES
effective February 11, 2002
2]
0
n
U
WAGE /SALARY SCHEDULE
BARGAINING UNIT EMPLOYEES
effective January 1, 2003
22
Ll
C
WAGE /SALARY SCHEDULE
BARGAINING UNIT EMPLOYEES
effective January l., 2004
23
NOTES APPLICABLE TO WAGE /SALARY SCHED
It is mutually agreed and understood between the parties that, until the "criteria required
to progress along the wage grid" is developed and takes effect, the following notes shall
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.
0
24
INOV010 1
0 Between:
— and —
THE CANADIAN UNION OF PUBLIC EMPLOYEES
The Employer is committed to developing a policy in connection with safety
clothing and equipment currently provided and replaced on an as needed basis.
DATED at the Township of Oro-Medonte this /,Sly-- day of 2002.
��NEIMN
141a"WS
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 2380
Representative
4/25/2002 25
LETTER OF UNDERSTANDING
Between:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
— and —
THE CANADIAN UNION OF PUBLIC EMPLOYEES
The Employer will invite employees' suggestions/ideas for recognition of
outstanding employees for all departments.
DATED at the Township of Oro-Medonte this day of 2002.
0 MAYOR
E
CLERK
CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 2380
00,
ational Representative
4/25/2002 26