2012-177 Agreement with Canadian Union of Public Employees Local 2380THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -177
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.O. 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 January 1, 2012 to December 31, 2015.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
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, SECOND AND THIRD TIME, AND PASSED THIS 10TH
DAY OF OCTOBER, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, F
J. Doudlais Irwin
i
'%".'#"OLLECTIVE AGREEMENT
CONTENTS
ARTICLE 1 — PURPOSE .................................................................. ............................... 5
ARTICLE 2 — RECOGNITION .......................................................... ...............................
5
ARTICLE 3 — INTERPRETATION ..................................................... ..............................5
ARTICLE 4 — MANAGEMENT RIGHTS ........................................... ...............................
6
ARTICLE 5 — RELATIONSHIP ......................................................... ...............................
7
ARTICLE 6 — ACQUAINTING NEW EMPLOYEE WITH COLLECTIVE AGREEMENT..
7
ARTICLE 7 — CORRESPONDENCE ................................................ ...............................
7
ARTICLE 8 — LABOUR MANAGEMENT COMMITTEE ................... ...............................
7
ARTICLE 9 — REPRESENTATION .................................................. ...............................
8
9.01 Negotiating Committee ........................................................ ...............................
8
9.03 Stewards ............................................................................. ...............................
8
9.04 Notification of Identity ........................................................... ..............................8
9.05 Servicing Grievances .......................................................... ...............................
8
ARTICLE 10 — NO STRIKE, NO LOCKOUT .................................... ...............................
8
ARTICLE 11 —GRIEVANCE PROCEDURE .................................... ...............................
9
ARTICLE 12 — DISCIPLINE AND DISCHARGE ............................... .............................11
12.01 Employees Who Have Completed Probationary Period ... .............................11
12.02 Probationary Employees .................................................. .............................11
ARTICLE 13 — SENIORITY .............................................................. .............................11
13.02 Seniority List .................................................................... .............................12
13.03 Loss of Seniority .............................................................. .............................12
13.04 Transfer Outside of the Bargaining Unit ........................... .............................12
13.05 Temporary Employees ..................................................... .............................12
13.06 Probationary Employees .................................................. .............................13
13.07 Former Medonte Employees ............................................ .............................13
13.08 Driver's License ............................................................... .............................13
ARTICLE 14 — JOB POSTING, PROMOTION AND TRANSFER .... .............................13
14.01 Job Postings .................................................................... .............................13
14.05 Notification to Union ......................................................... .............................14
14.06 Trial Period ....................................................................... .............................14
ARTICLE 15 — LAYOFF AND RECALL ............................................ .............................14
15.01 Layoff Procedure .............................................................. .............................14
15.03 Bumping ........................................................................... .............................14
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ARTICLE 16 — HOURS OF WORK .................................................. .............................15
21
16.02
Equipment Operators ....................................................... .............................15
22.01
16.03
Facility Operators ............................................................. .............................15
22.02
16.04
Office, Clerical and Technical .......................................... .............................15
22.03
16.05
Building Inspectors ........................................................... .............................15
22.04
16.06
Environmental Services Technicians ............................... .............................16
ARTICLE 23 — WAGES AND ALLOWANCES ................................ ...............................
16.07
Special or Rotating Shifts ................................................. .............................16
Wage /Salary Administration ........................................... ...............................
ARTICLE 17 — OVERTIME .............................................................. .............................16
23.02
17.05
Minimum Call Out ............................................................ .............................17
23.03
17.06
Meal Allowance ................................................................ .............................17
23.04
ARTICLE 18 — PUBLIC HOLIDAYS ................................................. .............................17
24
18.02 Substitute Day for Observance of Holiday ....................... .............................18
18.03 Holidays for 7 Day -A -Week Operations ........................... .............................18
18.04 Shifts Extending Over Two Calendar Days ...................... .............................18
18.05 Eligibility for Paid Holiday ................................................. .............................18
ARTICLE 19 —VACATIONS ............................................................ .............................18
19.01 Length of Vacation ........................................................... .............................18
19.04 Compensation for Holidays Falling Within Vacation Schedule ...................... 19
19.06 Unbroken Vacation Period ............................................... .............................19
19.09 Vacation Scheduling ...................................................... ............................... 20
ARTICLE 20 — SICK LEAVE .......................................................... ............................... 20
ARTICLE 21 —ATTENDANCE ....................................................... ...............................
21
ARTICLE22 — LEAVES ................................................................. ...............................
21
22.01
Bereavement Leave ......................................................... .............................21
22.02
Jury Service or Court Witness Leave ............................... .............................21
22.03
Pregnancy, Parental Leave and Family Leave ............... ...............................
22
22.04
Union Leave ..................................................................... .............................22
ARTICLE 23 — WAGES AND ALLOWANCES ................................ ...............................
22
23.01
Wage /Salary Administration ........................................... ...............................
22
23.02
Automobile Allowance .................................................... ...............................
22
23.03
Clothing and Boot Allowance ......................................... ...............................
22
23.04
Temporary Transfers ..................................................... ...............................
24
23.05 Temporary Assignment .................................................. ............................... 24
23.06 Payroll Advances ........................................................... ............................... 24
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23.07 Stand -By Pay ................................................................... .............................24
23.08 Shift Premiums ................................................................. .............................26
23.09 Wing Premiums ................................................................ .............................26
ARTICLE 24 — BENEFITS .............................................................. ............................... 26
24.02 Pension .......................................................................... ............................... 27
24.03 Employee Assistance Program ...................................... ............................... 28
24.05 Vision Care benefits ......................................................... .............................28
24.06 Critical Illness Benefit ....................................................... .............................28
ARTICLE 25 — HEALTH AND SAFETY COMMITTEE ................... ............................... 28
ARTICLE 26 — BULLETIN BOARD ................................................ ............................... 28
ARTICLE 27 — ALTERATION OR AMENDMENT .......................... ............................... 29
ARTICLE 28 — JOB SECURITY ..................................................... ............................... 29
ARTICLE 29 — TERM OF AGREEMENT ....................................... ............................... 30
WAGE /SALARY SCHEDULE - effective January 01, 2012 ............ ............................... 31
WAGE /SALARY SCHEDULE - effective January 01, 2013 ............ ............................... 32
WAGE /SALARY SCHEDULE - effective January 01, 2014 ............ ............................... 33
WAGE /SALARY SCHEDULE - effective January 01, 2015 .............. .............................34
NOTES APPLICABLE TO WAGE /SALARY SCHEDULE ............... ............................... 35
LETTER OF UNDERSTANDING — Flexible Hours ......................... ............................... 36
LETTER OF UNDERSTANDING — Performance Management Program ..................... 37
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Township of Oro - Medonte and CUPE 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, students employed on a cooperative or government sponsored work program
with a community college and Recreation program instructors and persons regularly
employed for not more than twenty -four (24) hours per week.
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 working days, unless otherwise specified.
The word "employee" or "employees" whenever used in the 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.
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:
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Township of Oro - Medonte and CUPE Local 2380
i. filling in for a permanent employee absent as a result of illness, injury or leave of
absence as per article 3.01; or
ii. is being hired on a temporary basis not to exceed 130 days in a 12 month period
as per article 3.01.
b) In the event that paragraph 3.03 (a) 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.
c) In the event that paragraph 3.03 (b) applies the Employee-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
employer 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 unreasonable 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 or Designate and
Vice President 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 Human Resources at least forty -eight (48) hours in advance of the
meeting. The Union shall inform Human Resources 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.
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Township of Oro - Medonte and CUPE Local 2380
ARTICLE 9 — REPRESENTATION
9.01 Negotiating Committee
The Corporation shall recognize a Negotiating Committee composed of not more than
three (3) employees selected by the union, to include the Unit Vice - President and one (1)
employee from the inside group and one (1) employee from the outside group.
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
unreasonable 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.
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Township of Oro - Medonte and CUPE Local 2380
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 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 or Designate 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 or Designate 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 /her 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 mediation /arbitration as
hereinafter provided. The Union shall provide the employer with a copy of its written
notice referring the matter to mediation /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.
By mutual agreement the parties may submit a grievance to mediation in an effort
to find a satisfactory settlement before arbitration. The process is without
prejudice and only a final agreement duly executed by both parties is binding. The
parties reserve the right to proceed to Arbitration prior to executing a final
agreement if a satisfactory resolution is not reached. Should the parties move
forward with mediation the timeline to forward the matter to Arbitration will be
extended. A mediator shall be selected through mutual agreement of both parties.
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Township of Oro- Medonte and CUPE Local 2380
11.08 Any matter so referred to arbitration, including any question as to whether a matter is
arbitrable, shall be by mutual agreement heard by a Sole Arbitrator or 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 /her designate, and handed to the Vice 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.
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Township of Oro - Medonte and CUPE Local 2380
Such grievance shall be submitted in writing by the Union to the Chief Administrative
Officer or Designate 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 Vice 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 /her Steward or Union Representative, if so requested by the
employee. Such employee shall be advised promptly in writing by Human Resources or
Supervisor of the reason for such discipline or discharge.
12.04
a) An employee is entitled to review his personnel file in the presence of Human
Resources. The employee must provide Human Resources 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 (24) 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
purposes of lay off,
departmental basis. In
basis.
of service with the Corporation since
recall, job posting and promotion,
all other cases, seniority shall operate
the last date of hire. For
seniority shall be on a
on a bargaining unit wide
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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. The Seniority date as posted shall be deemed to
be accurate if no objection is made to the seniority date within twenty (20) full working
days of posting (inclusive of posting).
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.
h) is absent due to sickness or accident for a period of his seniority, or twenty
four (24) months, whichever is less. This provision shall be administered in
accordance with the provisions of the Human Rights Code of Ontario. This
clause does not apply to any employee meeting the requirements of any
occupation long -term disability as of the date of ratification.
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. Such employees shall
continue to pay union dues at their last unionized rate.
13.05 Temporary Employees
If a temporary employee works thirteen (13) consecutive months he /she will be deemed
to be a full -time employee, and shall be placed on the seniority list with a service date of
most recent hire. This clause is not retroactive and shall be effective from the date of
ratification forward.
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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.
13.08 Driver's License
An employee, who is required to hold a valid driver's license for the appropriate call of
work that he is required to perform as part of his regular duties shall, in the event such
privilege be either lost or temporarily withdrawn for whatever reason, be subject to either
demotion, lay -off, suspension or discharge.
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 trial period of sixty (60) working days
including on -call in the classification to which the employee has been promoted.
Where the Corporation determines than 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)l.
15.03 Bumping
An employee who is displaced from his job and who is unwilling to be laid off from the
Corporation may bump into any job classification that is occupied by a bargaining unit
employee with less seniority, subject to the following:
a) the employee exercising the right to bump must have the qualifications and ability to
perform the job satisfactorily at the corporations sole discretion;
b) the employee exercising the right to bump must have more seniority than the
employee he is bumping;
c) if there is more than one employee in the job classification, it shall be the employee
with the least seniority who is bumped.
15.04 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
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deemed to have been received on the third working day after it has been sent by the
Corporation.
15.05 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.
15.06 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
16.01 The scheduling of work is within the discretion of the Corporation.
16.02 Equipment Operators
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. Summer hours maybe extended depending on weather conditions and
project workload at the discretion of the Employer. The Employer shall provide seven (7)
days' notice in writing in advance of a change in hours.
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.
16.03 Facility Operators
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 (4) hours and shall be paid for
actual hours worked at time and one half his regular rate 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 Building Inspectors
Summer hours of thirty -five (35) hours per week shall commence the first Monday in
May and end the Tuesday following the Labour Day Holiday. Hours to be worked in one
of two shifts:
a) 7:30 a.m. to 3:00 p.m. with a half hour for lunch;
b) 10:00 a.m. to 5:30 p.m. with a half hour for lunch.
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Summer hours maybe extended depending on weather conditions and permit workload
at the discretion of the Employer. The Employer shall provide seven (7) days' notice in
writing in advance of a change in hours.
16.06 Environmental Services Technicians
Employees shall work forty (40) hours per week in five (5) — eight (8) hour shifts.
16.07 Special or Rotating Shifts
In accordance with Article 16.01, the Corporation, together with the employees who will
be directed to undertake the work shall determine the schedule of hours to be worked, to
include but not limited to:
a) Street Sweeping Operators
b) Facilities
c) Road Patrols
d) Afternoon Shift(s)
The Corporation shall provide a minimum of seven (7) days' notice of a shift change.
16.08 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 shall be paid at the rate of one and on -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 Manager /Supervisor
prior to working overtime. The employee and the Manager /Supervisor 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.
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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 pay cheque of the year. Overtime worked in
December cannot be banked.
17.05 Minimum Call Out
An employee who is called into work outside his regular hours who is not entitled to
Stand -By pay as outlined in Article 23.07 shall be paid for a minimum of three (3) hours
at time and one -half his regular rate of pay. An employee who is called into work outside
his regular hours who is entitled to Stand -By pay shall be paid for a minimum of two (2)
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.
If an employee received another call -out while working on the initial call -out, the
additional call -out shall be considered to be a continuation of the first call -out. An
employee cannot claim more than one call -out in the applicable three or two hour period.
17.06 Meal Allowance
Where an employee is required to work four (4) hours of continuous work in excess of
the scheduled shift as established in Article 16 he shall be supplied with a meal
allowance of eleven dollars ($11.00). A meal allowance shall not be paid if a meal is
supplied.
ARTICLE 18 — PUBLIC HOLIDAYS
18.01 The Corporation recognizes the following as paid holidays for permanent employees:
• New Year's Day
• Family Day
• Good Friday
• Easter Monday
• Victoria Day
• Canada Day
• Civic Holiday
• Labour Day
• Thanksgiving Day
• Remembrance Day
• '/2 Day before Christmas Day
• Christmas Day
• Boxing Day
• '/2 Day before New Year's Day
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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 demand to be the holiday.
18.03 Holidays for 7 Day -A -Week Operations
The holiday shall be recognized on the date that the holiday actually falls and shall not
be substituted.
18.04 Shifts Extending Over Two Calendar Days
For a= shift that extends over two calendar days, the holiday will be recognized on the
calendar day in which the majority of the hours for the shift are worked (i.e., 11:00 p.m.
on February 17th to 7:30 a.m. February 18th, 2008 is Family Day).
18.05 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.
18.06 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.
18.07 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 -1/2) the employee's regular rate of pay, plus the
employee's regular pay for the day.
ARTICLE 19 — VACATIONS
19.01 Length of Vacation
Upon completion of their probationary period, all employees with less than one (1) year
of continuous service from the last date of hire with the Corporation shall have their
vacation entitlement prorated, between the completion of the probationary period and
the end of the calendar year. Such prorated vacation time will be with pay.
19.02 The qualifying year for each permanent
date. "Anniversary date" is the date on
employment with the Corporation.
employee shall be based on his anniversary
which the employee last commenced full -time
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Upon receiving 6 weeks of paid vacation entitlement, Article 17.04 with respect to the
Banking of Overtime will no longer apply.
Vacation accruals shall be based on an Employee's anniversary date, however vacation
allotments shall be provided to employees on January 1St of each calendar year. Should
an Employee leave the Corporation, between January 1St and their anniversary date, any
vacation allotment shall be on a prorated basis. In the event, that an Employee, upon
termination, has exceeded the prorated vacation allotment, the Corporation shall reserve
the right to deduct the necessary funds from the Employee's final pay. An employee
shall not be entitled to receive vacation pay in a lump sum payment without taking the
corresponding time off. An employee on vacation shall not be entitled to receive short or
long -term disability benefits in addition to vacation pay.
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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1 Year
2 Weeks
3 Years
3 Weeks
8 Years
4 Weeks
13 Years
5 Weeks
15 Years
5 Weeks + 1 Day
16 Years
5 Weeks + 2 Days
17 Years
5 Weeks + 3 Days
18 Years
5 Weeks + 4 Days
19 Years
6 Weeks
Upon receiving 6 weeks of paid vacation entitlement, Article 17.04 with respect to the
Banking of Overtime will no longer apply.
Vacation accruals shall be based on an Employee's anniversary date, however vacation
allotments shall be provided to employees on January 1St of each calendar year. Should
an Employee leave the Corporation, between January 1St and their anniversary date, any
vacation allotment shall be on a prorated basis. In the event, that an Employee, upon
termination, has exceeded the prorated vacation allotment, the Corporation shall reserve
the right to deduct the necessary funds from the Employee's final pay. An employee
shall not be entitled to receive vacation pay in a lump sum payment without taking the
corresponding time off. An employee on vacation shall not be entitled to receive short or
long -term disability benefits in addition to vacation pay.
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 Employees may apply to their Supervisor by December 1St of each year to carry over a
maximum of five (5) days' vacation from one year to the next. The Corporation, in its
sole discretion, may permit the requested vacation carry over. Such discretion shall not
be exercised in bad faith.
19.09 Vacation Scheduling
a) The Employer shall attempt to provide vacations during the periods preferred by
employees; however, in scheduling vacations, the Employer shall ensure that
operational requirements are met and that sufficient personnel are available to
provide the required level of service. If employees simultaneously request the same
vacation time, and a conflict arises, seniority shall govern.
b) Applications for scheduling vacation shall be made in writing, between December
15 and December 31 for the next year for an employee's full vacation entitlement.
Management will process and approve applications as noted above.
c) An application for scheduling vacation made after December 15 to December 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. However, notice to the employee making the request
will be provided within 5 working days of making said request being received
by the supervisor. Once such an application for scheduling vacation has been
approved, such scheduling cannot be changed except by the approval of the
immediate supervisor.
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 allocated the equivalent to six (6) sick days per year at
January 1St of each year; such sick days may be accumulated to a maximum of nine
(9) days. A new employee who has completed his /her probationary period shall be
entitled to sick leave at a rate of one half (1/2) day per month from the date of hire.
Where no one at home, other than the employee can provide for the needs of an
immediate member of his family (as define in 22.01(b) during illness, an employee
shall be entitled, after notifying his /her supervisor, to use up to a total of three (3)
sick leave days, from their total sick day entitlement of 6 days as outlined in
Article 20.02, to make arrangements for the care of the member of the family who
is ill. The days as outlined in this article are to be included in the Employee's
Employment Standard Act entitlements.
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) day sick pay.
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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 Human Resources. 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 is 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, 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
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 the 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 (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 the 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
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Township of Oro - Medonte and CUPS Local 2380
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, 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.
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
a) Employees providing the following services shall be provided a voucher in
the amount of $250.00 for the purchase of Employer approved uniform
clothing:
• Building inspection
• Summer/Winter construction & maintenance operations
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Water/Waste water
Facility /Parks Operations
Employer Approved Clothing shall include:
• French blue oxford cotton work shirts short/long sleeved
• Navy or Newport blue golf shirt short/long sleeved
• Safety yellow "Cool Works" t -shirts
• Safety yellow "Cool Works" % zip fleece sweater
• Navy % zip fleece sweater
• Navy crew neck cotton sweat shirt
• Navy hoodie
• Navy overalls with reflective striping
• Navy 3 -in -1 jacket with reflective striping
• Navy vest
• Coveralls /overalls
• Navy blue cotton twill work pants
• Navy blue "Cool Works" pants
The Employer shall be responsible for the cost of the Township logo and
employee name being embroidered on the uniform clothing excluding pants.
Employees provided a uniform are not permitted to wear any clothing not
included in the Article in the workplace.
Employees providing services as outlined in this article shall be reimbursed a
maximum of $150.00 upon production of a receipt for the purchase of Safety
Footwear for each year of the Collective Agreement for the purchase of Safety
Footwear. Footwear shall be a minimum of 6 inches in height, with laces, CSA
and Dielectric certification. Safety footwear must be worn and properly
fastened as a condition of employment. * *Amount to be increased from $150
to $175 in the last year of the Collective Agreement. **
b) The following shall be deemed to be the approved apparel which shall be
mandatory to be worn for all other Employees except those designed in 23.03
(a), Municipal Law Enforcement and Uniformed Fire Personnel, and shall be
provided annually:
• 5 shirts in a combination of Oxford Cloth shirts short/long sleeved and /or
Golf shirts short/long sleeved
• A choice of a hoodie or fleece sweater every other year
Acceptable apparel including but not limited to pants /skirts, sweaters /vest
shall be outlined in the Township's Human Resources Dress Code policy.
All Employer issued clothing shall be embroidered with the Township of Oro -
Medonte coloured logo at the Employers cost.
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c) Safety equipment
The Corporation agrees to provide sunglass safety eye wear, rain gear,
gloves, insulated safety rubber boots and extra liners, hard hats, and high
visibility 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 safety equipment and /or clothing must be turned in to receive
new at the discretion of the Supervisor.
Employees shall only wear safety clothing and /or equipment that has been
issued by the Employer. Employees are not permitted to purchase or wear
any non - Employer issued safety equipment or clothing.
23.04 Temporary Transfers
Where an employee, at the request of the Corporation, performs a higher rated job for a
period of five (5) consecutive working days, the employee shall receive the next step in
the Employees wage pay band for all hours worked in that higher rated job.
Where an employee, at the request of the Corporation, performs a higher rated job
for a period of five (5) consecutive working days and is at the top of their wage
pay band, the employee shall receive a premium of $2.00 per hour for all hours
worked in that higher rated job.
23.05 Temporary Assignment
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 Payroll Advances
The Corporation shall endeavour to provide an employee with payroll advances that
would ordinarily be received during the employee's scheduled vacation, provided the
employee makes a written request for same to Human Resources at least twenty -one
(21) days in advance of the commencement of the scheduled vacation such request
shall not be unreasonable withheld.
23.07 Stand -By Pay
Transportation Services — Second (2 "d) Tuesday of April to end of October
It shall be mandatory for all employees deemed qualified by the Employer to have their
name included in a stand -by rotation schedule. The Employer and Employees shall
jointly create the stand -by rotation schedule. An employee with written permission
from their Supervisor may exchange shifts with another qualified employee.
Employees required to be available to work on the stand -by schedule and who are
given a Township cell phone or pager and vehicle for this purpose, are expected
to respond to the call and be on route to the reported incident within 30 minutes.
During their scheduled stand -by rotation, employees shall abide by the following
rules:
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a) Employees are expected to remain within proximity (approximately 30
kilometers) of the Township border;
b) Employees must carry the cell phone and pager with them at all times;
c) The Township vehicle provided shall not be used for any purpose other than
to drive to and from work and to respond to call -outs;
d) Transportation of any persons not employed by the Township is prohibited in
a Township vehicle; and,
e) No consumption of alcoholic beverages or drugs.
Employees who are working according to the stand -by schedule shall be paid a stand -by
allowance of $20.00 per week day, $30.00 per day on weekends and public holidays
(as outlined in Article 18.01).
Transportation Services — Winter Operations
It shall be mandatory for all employees deemed qualified by the Employer to be on
stand -by for winter operations. While on winter operations it is understood that
employees on stand -by are to respond in a timely fashion and in a fit condition
having regard to weather conditions.
The Employer retains the right to maintain a sufficient number of employees to
meet operational requirements.
Employees deemed qualified by the Employer to be on stand -by for winter
operations may request a weekend or Statutory Holiday off from stand -by. Such
request shall not be unreasonably denied.
Employees deemed qualified by the Employer shall be paid a stand -by allowance
of $30.00 per day on weekends and public holidays (as outlined in Article 18.01)
and any days included in a Holiday Shutdown as authorized by Council.
All other Employees excluding Transportation Services
Employees excluding those specified above who are deemed qualified by the
Employer shall be scheduled in a mandatory stand -by rotation schedule. The
Employer and Employees shall jointly create the stand -by rotation schedule. An
employee with permission from their Supervisor may exchange shifts with
another qualified employee. Employees required to be available to work on the
stand -by schedule and who are given a Township cell phone or pager and vehicle
for this purpose, are expected to respond to the call and be on route to the
reported incident within 30 minutes. During their scheduled stand -by rotation,
Employees shall abide by the following rules:
a) Employees are expected to remain within proximity (approximately 30
kilometers) of the Township border;
b) Employees must carry the cell phone and pager with them at all times;
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c) The Township vehicle provided shall not be used for any purpose other than
to drive to and from work and to respond to call -outs;
d) Transportation of any persons not employed by the Township is prohibited in
a Township vehicle; and,
e) No consumption of alcoholic beverages or drugs.
Employees who are working according to the stand -by schedule shall be paid a
stand -by allowance of $20.00 per week day, $30.00 per day on weekends and
public holidays (as outlined in Article 18.01).
23.08 Shift Premiums
If an employee works a shift, the majority of whole hours fall outside the hours of 7:00
a.m. and 4:30 p.m., he shall receive a shift premium of:
2012 — seventy cents ($0.70)
2013 — eighty cents ($0.80)
2014 — ninety cents ($0.90)
2015 — one dollar ($1.00)
per hour, in addition to his regular hourly rate, for all hours in the shift. Shift premium is
not payable in addition to overtime premium.
23.09 Wing Premiums
Employees operating a wing- equipped plow trucks without a wingman shall receive a
premium of: .
2012 — seventy cents ($0.70)
2013 — eighty cents ($0.80)
2014 — ninety cents ($0.90)
2015 — one dollar ($1.00)
per hour during such operation. The wing premium will be in addition to the shift
premium if applicable.
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 benefit of double annual salary to a maximum of $350,000 to age
65, 50% of the amount in effect on 65th birthday to a maximum benefit of $10,000;
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 time (2x) the employee's annual salary,
or $100,000 whichever is less;
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c) Long -term disability insurance benefit of seventy -five percent (75 %) of monthly
earnings to a maximum of $8,000 per month to age 65;
d) Weekly indemnity (short-term disability) insurance benefit of seventy -five
percent (75 %) of weekly earnings to a maximum of $2,000 per week until long
term disability benefits are applicable or to age 70 whichever is sooner;
e) A $10.50 limit on dispensing fees for all prescription drugs. A list of locations with
dispensing fees under $10.50 shall be provided by the Corporation at the
renewal of each Collective Agreement. Mandatory Generic Drug Program unless
brand drugs are specifically prescribed by a physician. All health and dental benefits
coverage's terminate at age 70.
f) Dental expense insurance benefit at O.D.A. suggested fee schedule minus two (2)
years;
g) Pay direct system for prescriptions and dental care insurance benefits.
Basic Services: 100% of eligible charges; no maximum
Major Services: 50% of eligible charges; $1,500 maximum per calendar year
Orthodontic: 50% of eligible charges; lifetime maximum of $1,500.
h) Comprehensive Travel benefit for trips of 60 days or less. $3,000,000 lifetime
maximums.
i) The responsibility rests solely with the Employee to complete all eligibility
requirements of the carriers of benefits under this Collective Agreement.
j) The Employer will have the right to select the carrier of its choice in respect to
any of the benefits provided that in the event that any carrier is changed an
equivalent level of benefits and the Employee eligibility will be maintained.
Notice will be provided 60 days in advance of the change where possible.
k) Retiree Benefits
An Employee who retires from the Corporation with an unreduced OMERS
pension and has 15 years of service with the Township will be allowed to
enroll in the Township's Retiree benefits program at his expense. Coverage of
the benefits will be conditional on the Employee making periodic payments in
advance in a manner satisfactory to the Employer.
24.02 Pension
All permanent and probationary employees shall be enrolled in the Ontario Municipal
Employees Retirement System Plan ( "OMERS "). However, this Article does not apply to
those current employees who elected not to enroll in OMERS prior to April 20, 1994.
Collective Agreement 2012 -2015 Page 27 of 37
Township of Oro - Medonte and CUPE Local 2380
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.
24.04 The Employers obligations under this article are limited to paying the premiums to
secure the coverage's as listed in Article 24.01. any issue as to the eligibility of
benefits listed in Article 24.01 shall be between the employee and the insurance
provider. Such matters shall not be a dispute between the Employee and
Employer and therefore shall not be subject to the grievance and arbitration
provisions of this agreement and no arbitrator appointed pursuant to this
agreement or the Labour Relations Act shall have jurisdiction to deal with such
disputes.
24.05 Vision Care benefits
Vision Care benefits ($150 per family member per year) shall be Self- Insured and
Self- Administered by the Corporation as per Human Resources Policy # POL -HR-
5.03 which may be amended from time to time. Such benefits will not be
diminished or reduced.
24.06 Critical Illness Benefit
Critical illness Benefit ($2,000 lifetime maximum payable in the event of life
threatening cancer, stroke or heart attack) shall be Self - insured and Self -
Administered by the Corporation as per Human Resources Policy # POL -HR -5.05
which may be amended from time to time.
24.07 Such benefits will not be diminished or reduced.
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 a 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.
Collective Agreement 2012 -2015 Page 28 of 37
Township of Oro - Medonte and CUPE Local 2380
ARTICLE 27 — ALTERATION OR AMENDMENT
27.01 Any alteration or amendment of the Agreement shall be in writing, and shall be executed
by both the Corporation and the Union.
ARTICLE 28 — JOB SECURITY
28.01 For the duration of this 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.
Collective Agreement 2012 -2015 Page 29 of 37
Township of Oro - Medonte and CUPE Local 2380
ARTICLE 29 - TERM OF AGREEMENT
29.01 This Agreement is effective from January 1, 2012 to December 31, 2015.
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.
DATED at the Township of Oro - Medonte this day of dc�d-Qt' 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
MAYOR (H. S. H
CLERK/ (J.'DouOlastlrwin)
CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380
Scott Thomson
Vanessa Cooper
a
Gary Watson
ris Sax — Natiorfal Representative
Collective Agreement 2012 -2015 Page 30 of 37
Township of Oro - Medonte and CUPE Local 2380
WAGE /SALARY SCHEDULE - effective January 01, 2012
Note: all wage increases become effective in the first pay period after the date which is noted.
Collective Agreement 2012 -2015 Page 31 of 37
Deputy d r Inspector
Environmental - - _ •
Buildina Inspector
•
—
Intermediate
4
� •
Building Plans Examiner
Transportation Services Lead Hand
- a Community Services
Permit Coordinator/Jr Plans Examine,
Environmental Services Technician
Accounting
Clerk
IT Technic i an
Municipal w Enforcement Officer
`
Operator
Operator
Senior Revenue Clerk
�.� �.
- -
y•
Facility Operator
•
y
) ,
Records Clerk
Recreation •. Community Services ■
Transportation
Fire and Emergency Services Assistant
Environmental Services Assistant
Development Assistant
Customer Service Representative
Revenue Clerk
Facility Mal ntenance/Custodian
Collective Agreement 2012 -2015 Page 31 of 37
Township of Oro-Medonte and CUPE Local 2380
WAGE /SALARY SCHEDULE - effective January 01, 2013
Note: all wage increases become effective in the first pay period after the date which is noted.
Chief Building Inspector
31.85
33.46
35.07
36.67
38.29
-Deputy
Environmental Services Lead Hand
Building Inspector
29.92
31545
33.00
34.53
36.06
Mech/lnv & Vehicle Mtce Coordinator
30.43
31.97
33.50
35w04
36.57
Intermediate Planner
2929
30.83
32.36
33.90
35.43
Building Plans Examiner
29.96
31.50
33-04
34.57
36.10
Transportation Services Lead Hand
26.28
27.83
29.36
30.90
32.43
Rec & Community Services Lead Hand
2165
24.89
26.12
27.34
28.57
Permit Coordinator/Jr Plans Examiner
Environmental Services Technician
2437
25a61
26.84
28.07
29.30
Planner
23.50
24.73
25.95
27.19
28.422
Accounting Clerk
23.90
25.14
26.37
27.61
28.84
IT Technician
23.18
24.34
25.52
26.68
27.86
Municipal Law Enforcement Officer
23.13
24.29
25.47
26.63
27.80
Operator 3
21.12
22.29
23.47
24.62
25.80
Operator 2
Senior Revenue Clerk
21.06
22.12
23.19
24.25
25.31
Operator 1
19.64
20.70
21.77
22.83
23.88
Facility Operator
20.02
21.08
22.16
2121
24.28
Records Clerk
19.75
217.81
21.88
22.94
24M
Recreation & Community Services Asst.
20.45
21.47
22.47
2149
Transportation Services Assistant
Fire and Emergency Services Assistant
Environmental Services Assistant
Development Services Assistant
Customer Service Representative
Revenue Clerk
19.67
20.69
21.69
22.71
23.71
Facility Mai ntenance/Custodian
19.06
20.03
20.99
21.95
22.91
Labourer
15.36
16.23
17a111
17.97
18.84
Collective Agreement 2012-2015 Page 32 of 37
Township of Oro - Medonte and CUPS Local 2380
WAGE /SALARY SCHEDULE - effective January 01, 2014
Note: all wage increases become effective in the first pay period after the date which is noted.
Deputy Chief Building Inspector
-- -
32.33
33.97
35.60
3722
38.87
Environmental Services Dead Hand
Building Inspector
30.63
32.18
33.75
3531
36.86
Nlech /Inv & Vehicle Mtce Coordinator
30.89
32.45
84.01
35.57
37.12
Intermediate Planner
30.29
31.85
8141
34.97
36.52
Building Plans Examiner
30.65
82.21
88.77
88.88
36.88
Transportation Services Lead band
28.71
30.28
81.88
81401
84.02
Rec & Community Services Lead and
24.36
25.62
26.87
28.11
29.88
Permit Coordinator /,1r Plans Examiner
Environmental Services Technician
24574
26.00
27.25
28.80
29.74
Planner
24.29
25.54
26.78
28.04
29.29
Accounting Clerk
24.50
25.75
27.00
28.26
29.51
IT Technician
28.58
24.71
25.91
27.08
28.28
Municipal Law Enforcement Officer
2151
24.69
25.89
27.06
28.25
Operator
22.45
28.68
24.83
26.010
27.20
Operator 2
Senior Revenue Clerk
21.38
22.46
23.54
24.62
25.69
Operator 1
20.64
21.71
22.801
23.88
24.94
Facility Operator
20.83
21.91
23.0101
24.017
25.16
Records Clerk
20.69
21.77
22.8:5
2193
25.00
Recreation & Community Services Asst.
20,03
21,014
22.08
23:.101
24.13
Transportation Services Assistant
Fire and Emergency Services Assistant
Environmental Services Assistant
Development Services Assistant
Customer Service Representative
Revenue Clerk
203.14
21.18
22.19
23.23
24.24
Facility Maintenance /Custodian
19.35
20.33
21.31
22.28
23.26
Labourer
16.51
17.3-9
18.27
19.16
20.04
Collective Agreement 2012 -2015 Page 33 of 37
Township of Oro-Medonte and CUPE Local 2380
WAGE/SALARY SCHEDULE - effective January 01, 2015
Note: all wage increases become effective in the first pay period after the date which is noted.
Deputy Chief Building Inspector
32.98
34.54
3631
37.05
39.64
Environmental Services Lead Hand
Building Inspector
31
33.10
34.69
36.28
37.86
Mechllnv & Vehicle Mtce Coordinator
Intermediate Planner
Building Plans Examiner
Transportation Services Lead Hand
lee & Community Services Lead Hand
2513
26.51
27.78
29.06
30.33
Permit Coordinator/Jr Plans Examiner
Environmental Services Technician
Planner
Accounting Clerk
IT Technician
24.00
25.20
26.42
27.62
28.85
Municipal Law Enforcement Officer
Operator 3
Operator 2
Senior Revenue Clerk
21.81
22.90
24.01
25.10
26.20
Operator 1
Facility Operator
Records Clerk
Recreation & Community Services Asst.
20.74
21.79
22.83
23.88
24.92
Transportation Services Assistant
Fire and Emergency Services Assistant
Environmental Services Assistant
Development Services Assistant
Customer Service Representative
Revenue Clerk
Facility Maintenance/Custodian
19.74
20.74
21.73
22.73
2172
Labourer
17.83
18.74
19w64
20.54
22.10:]
Collective Agreement 2012-2015 Page 34 of 37
Township of Oro - Medonte and CUPE Local 2380
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.
5. Performance Appraisals shall be completed by December 31St, of each calendar
year.
Collective Agreement 2012 -2015 Page 35 of 37
Township of Oro - Medonte and CUPE Local 2380
LETTER OF UNDERSTANDING — Flexible Hours
Between:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
and
THE CANADIAN UNION OF PUBLIC EMPLOYEES
1. The Employer is committed to the introduction of the concept of Flexible hours for inside
workers on a trial basis in 2013.
2. Accordingly, the parties agree to establish a committee by the end of February 2013 with 3
Employer representatives and 3 Worker representatives with the first meeting within two
(2) weeks of the committee's establishment.
3. The committee will have the mandate of establishing flexible working hours
policy /program recognizing the customer service requirements and the organizational
needs of the Township to be implemented by April 30, 2013.
DATED at the Township of Oro - Medonte this kd day of 2012.
THE CORPOR 10 THE TOWNSHIP OF ORO- MEDONTE
i
MAYO (HS. Hughe
las Irwin)
CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380
Scott Thomson
u2naA=�
Vanessa Coo er
Gary Watson
Chris Sax — National Representative
Collective Agreement 2012 -2015 Page 36 of 37
Township of Oro - Medonte and CUPE Local 2380
LETTER OF UNDERSTANDING — Performance Management Program
Between:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
and
THE CANADIAN UNION OF PUBLIC EMPLOYEES
1. The Corporation is currently undertaking a performance management program review and
redevelopment.
2. The Corporation shall advise the Union upon completion of this process and shall explain
the program.
DATED at the Township of Oro - Medonte this VD day of �C�a�45ir\ 2012.
THE CORP O ATI OF T E TOWNSHIP OF ORO- MEDONTE
MAYOR (H.S. H hes)
r
CLER (J. o las Irwin)
CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380
Scott Thomson
Vanessa Co per
a.
Gary Watson
Chris Sax — National Representative
Collective Agreement 2012 -2015 Page 37 of 37