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2019-097 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 2380-04The Corporation of the Township of Oro-Medonte By -Law No. 2019-097 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 2380-04 Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipal power, including a municipality's capacity, rights, powers and privileges under Section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. And Whereas Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues. And Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides a municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. And Whereas Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that it is the role of Council to ensure that administrative policies, 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 2380-04, effective January 1, 2019 to December 31, 2022. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Deputy 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 16th day of October, 2019. The Corporation of the Township of Oro-Medonte 1 AV Mayor, H.S. Hug es Dep �y Clerk, Janette Teeter Toivitsl2ip o_ f CUPE Proud Heritage, Exritin,Q Future THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380-04 COLLECTIVE AGREEMENT 2019-2022 CONTENTS ARTICLE 1 — PURPOSE...............................................................................................................................4 ARTICLE2 — RECOGNITION.......................................................................................................................4 ARTICLE 3 — INTERPRETATION.................................................................................................................4 ARTICLE 4 — MANAGEMENT RIGHTS........................................................................................................6 ARTICLE 5 — RELATIONSHIP......................................................................................................................7 ARTICLE 6—ACQUAINTING NEW EMPLOYEE WITH COLLECTIVE AGREEMENT...............................7 ARTICLE 7 — CORRESPONDENCE............................................................................................................8 ARTICLE 8 — LABOUR MANAGEMENT COMMITTEE................................................................................8 ARTICLE 9 — REPRESENTATION...............................................................................................................8 9.01 Negotiating Committee..............................................................................................................8 9.03 Stewards....................................................................................................................................9 9.04 Notification of Identity................................................................................................................9 9.05 Servicing Grievances.................................................................................................................9 ARTICLE 10 — NO STRIKE, NO LOCKOUT.................................................................................................9 ARTICLE 11 —GRIEVANCE PROCEDURE.................................................................................................9 ARTICLE 12 — DISCIPLINE AND DISCHARGE.........................................................................................12 12.01 Employees Who Have Completed Probationary Period..........................................................12 12.02 Probationary Employees..........................................................................................................12 ARTICLE13 — SENIORITY.........................................................................................................................13 13.02 Seniority List............................................................................................................................13 13.03 Loss of Seniority......................................................................................................................13 13.04 Transfer Outside of the Bargaining Unit..................................................................................14 13.05 Temporary Employees.............................................................................................................14 13.06 Probationary Employees..........................................................................................................15 13.07 Former Medonte Employees...................................................................................................15 13.08 Driver's License.......................................................................................................................15 ARTICLE 14—JOB POSTING, PROMOTION AND TRANSFER..............................................................15 14.01 Job Postings............................................................................................................................15 14.05 Notification to Union.................................................................................................................16 14.06 Trial Period...............................................................................................................................16 ARTICLE 15 — LAYOFF AND RECALL......................................................................................................16 15.01 Layoff Procedure.....................................................................................................................16 15.03 Bumping...................................................................................................................................16 ARTICLE 16 — HOURS OF WORK.............................................................................................................17 16.02 Equipment Operators...............................................................................................................17 16.03 Facility Operators.....................................................................................................................18 16.04 Office & Clerical.......................................................................................................................18 Collective Agreement 2019-2022 Page 1 of 49 16.05 Technical..................................................................................................................................18 16.06 Building Inspectors, Plans Examiner/Building Inspector, Septic Inspector & Permit Coordinator/Junior Plans Examiner.........................................................................................18 16.07 Environmental Services Technicians.......................................................................................18 16.08 Municipal Law Enforcement Officers.......................................................................................18 16.09 Flex Time.................................................................................................................................19 16.10 Employment Standard Act,2000 & Ontario Regulation 555/06 Hours of Service ...................20 16.11 Special or Rotating Shifts........................................................................................................20 ARTICLE 17 - OVERTIME.........................................................................................................................20 17.05 Minimum Call Out....................................................................................................................21 17.06 Meal Allowance........................................................................................................................22 ARTICLE 18 - PUBLIC HOLIDAYS............................................................................................................22 18.02 Substitute Day for Observance of Holiday...............................................................................22 18.03 Holidays for 7 Day -A -Week Operations...................................................................................22 18.04 Shifts Extending Over Two Calendar Days.............................................................................23 18.05 Eligibility for Paid Holiday........................................................................................................23 ARTICLE 19 -VACATIONS .......................................................................................................................23 19.01 Length of Vacation...................................................................................................................23 19.04 Vacation Pay............................................................................................................................24 19.05 Compensation for Holidays Falling Within Vacation Schedule................................................25 19.07 Unbroken Vacation Period.......................................................................................................25 19.10 Vacation Scheduling................................................................................................................25 19.11 Vacation Carry-Over................................................................................................................26 ARTICLE20 - SICK LEAVE.......................................................................................................................26 ARTICLE21 -ATTENDANCE....................................................................................................................27 21.03 Unpaid Personal Leave of Absence........................................................................................28 ARTICLE 22 - LEAVES..............................................................................................................................28 22.01 Bereavement Leave.................................................................................................................28 22.02 Jury Service or Court Witness Leave......................................................................................29 22.03 Pregnancy, Parental Leave.....................................................................................................29 22.04 Family Leave...........................................................................................................................30 22.05 Union Leave.............................................................................................................................30 ARTICLE 23 -WAGES AND ALLOWANCES............................................................................................31 23.01 Wage/Salary Administration....................................................................................................31 23.02 Automobile Allowance.............................................................................................................31 23.03 Clothing and Boot Allowance...................................................................................................31 23.04 Temporary Transfers...............................................................................................................33 23.05 Temporary Assignment............................................................................................................33 23.06 Payroll Advances.....................................................................................................................33 23.07 Stand -By Pay...........................................................................................................................33 23.08 Shift Premiums........................................................................................................................35 Collective Agreement 2019-2022 Page 2 of 49 23.09 Equipment Premiums..............................................................................................................35 ARTICLE 24 — BENEFITS...........................................................................................................................36 e) Prescription Drugs...................................................................................................................36 f) Dental Insurance Benefit.........................................................................................................36 k) Retiree Benefits.......................................................................................................................37 24.02 Pension....................................................................................................................................37 24.03 Employee Assistance Program...............................................................................................37 24.05 Vision Care benefits.................................................................................................................37 24.06 Critical Illness Benefit..............................................................................................................38 24.08 Chiropractic, Physiotherapy & PsychologistlTherapist Benefits..............................................38 ARTICLE 25—TRAINING AND DEVELOPMENT......................................................................................38 ARTICLE 26 — HEALTH AND SAFETY COMMITTEE...............................................................................39 ARTICLE 27— BULLETIN BOARD.............................................................................................................39 ARTICLE 28 — ALTERATION OR AMENDMENT.......................................................................................39 ARTICLE 29 — AMALGAMATION OR MERGER........................................................................................39 ARTICLE 30 — JOB SECURITY..................................................................................................................40 ARTICLE 31 — RETROACTIVITY...............................................................................................................40 ARTICLE 32 — TERM OF AGREEMENT....................................................................................................41 WAGE/SALARY SCHEDULE - effective January 01, 2019........................................................................42 WAGE/SALARY SCHEDULE - effective January 01, 2020........................................................................43 WAGE/SALARY SCHEDULE - effective January 01, 2021........................................................................44 WAGE/SALARY SCHEDULE - effective January 01, 2022........................................................................45 NOTES APPLICABLE TO WAGE/SALARY SCHEDULE...........................................................................46 APPENDIX"A.. ............................................................................................................................................46 LETTER OF UNDERSTANDING — Benefits...............................................................................................47 LETTER OF UNDERSTANDING — Operator 2 Position.............................................................................48 LETTER OF UNDERSTANDING — Lead Hands.........................................................................................49 Collective Agreement 2019-2022 Page 3 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 1 — PURPOSE 1.01 The purpose of this Agreement is to provide for a collective bargaining relationship between the Employer 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 Employer's business and activities. ARTICLE 2 — RECOGNITION 2.01 The Employer 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 Employer 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 "Employer" shall be defined as the Corporation of the Township of Oro-Medonte. "Days" shall mean working days, unless otherwise specified. "Days/hours" for the purposes of the calculation of vacation and sick leave credits shall be defined as: seven (7) hours per day on a thirty five (35) hour work week eight (8) hours per day for a forty (40) hour work week. The word "employee" or "employees" whenever used in the Agreement, shall mean only the employees in the bargaining unit defined herein. Collective Agreement 2019-2022 Page 4 of 49 Township of Oro-Medonte and CUPE Local 2380-04 The "probationary period" for a new employee is 6 continuous months of service from the date of hire in the same position or division. Should a Temporary Employee be a successful applicant to a bargaining unit position, such employee shall have his/her probation prorated accordingly to account for time already worked within the same position. "Qualifications" shall include education, certifications, licenses and/or designations where applicable. "Unit Vice -President" shall be a Full-time Bargaining Unit employee employed by the Township of Oro-Medonte and recognized within this Collective Agreement. "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 Employer. "Temporary Employees" It is recognized that the Employer will have periodic and recurring needs for which it will hire Temporary Employees. Temporary Employees are persons employed under the provisions of a written employment contract for a term. It is agreed that the Employer shall not hire Temporary Employee's when the hiring of such employees results in the lay-off or the reduction of the regular hours of work of permanent bargaining unit employees. The maximum term for Temporary Employees is as follows: a) Seasonal Temporary Employees — Employees hired to perform seasonal duties for a maximum of eight (8) months within each calendar year. b) Temporary Employees that are filling in for a permanent employee absent as a result of illness, injury or leave of absence including maternity/paternity leave to a maximum of 24 months. Temporary Employees with a minimum contract duration of twelve (12) months shall be entitled to three (3) sick days and Article 24.03 c) Special Project Temporary Employees — an Employee hired for a special project to a maximum of twelve (12) months, or longer by mutual agreement, which shall not be unreasonably withheld. The nature of the special project and the term of the employment period shall be discussed with the Union prior to the employee being hired. Special Project Temporary Employees with a minimum contract duration of twelve (12) months shall be entitled to three (3) sick days and Article 24.03 Collective Agreement 2019-2022 Page 5 of 49 Township of Oro-Medonte and CUPE Local 2380-04 The Union shall be provided with a copy of the Temporary Employee's employment contract. Employment contracts shall meet the requirements as outlined in the Employment Standards Act and shall include the terms for termination. Temporary Employee's shall be covered by this Collective Agreement, with exception to the Articles listed below: Article 12.01 — 12.03 Article 13.01 — 13.07 Article 15 Article 19 Article 20 Article 22 Article 24 Article 28 Discipline and Discharge Seniority Layoff and Recall Vacations Sick Leave Leaves Benefits Job Security 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. 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 with the Employer. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer 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 Employer, 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; Collective Agreement 2019-2022 Page 6 of 49 Township of Oro-Medonte and CUPE Local 2380-04 g) to set qualifications and establish and administer tests for the purpose of assisting the Employer 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 bi-weekly payroll period. It shall be forwarded to the National Secretary - Treasurer of the Union 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 Union Constitution/Bv-Laws The Union will provide to the Corporation an approved copy of the section of the by-laws or constitution of CUPE Local 2380 authorizing any such dues/fees and contributions, and an approved copy of the section of the minutes of a meeting at which any change in such dues/fees and contributions is made. 5.04 The Union and its CUPE Local 2380 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 Employer making any deductions in accordance with the foregoing authorizations and assignments. The Union will make refunds to the Employer for any incorrect deductions that have been made. 5.05 At the same time that Income Tax (T-4) slips are made available, the Employer shall indicate the amount of union dues paid by each Union member in the previous year. ARTICLE 6 — ACQUAINTING NEW EMPLOYEE WITH COLLECTIVE AGREEMENT 6.01 a) The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in effect. b) The Employer agrees that a Local Union representative will be given the opportunity to meet with each newly -hired employee who is a member of the Collective Agreement 2019-2022 Page 7 of 49 Township of Oro-Medonte and CUPE Local 2380-04 Union once during the employee's first week of employment. This meeting would be for the purpose of advising such employee of the existence of the Union and of his rights and obligations under the terms of this Agreement. Such meeting may take place on the Employer's premises at a time and location designated by the Employer for such meeting, and shall not exceed thirty (30) minutes in duration. ARTICLE 7 — CORRESPONDENCE 7.01 Unless otherwise specified in this Agreement, correspondence between the Employer and the Union shall pass between Human Resources and the Unit Vice President of the Union local. ARTICLE 8 — LABOUR MANAGEMENT COMMITTEE 8.01 A Labour Management Committee shall be established consisting of three (3) representatives of the Union and three (3) representatives for the Employer. The Committee shall meet once every six (6) months to discuss issues relating to the workplace which affect the parties. By mutual agreement of both parties, the committee can meet more frequently. 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. ARTICLE 9 — REPRESENTATION 9.01 Negotiatinq Committee The Employer 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, up to and including conciliation shall not suffer a loss of pay or benefits when meeting with the Employer. Collective Agreement 2019-2022 Page 8 of 49 Township of Oro-Medonte and CUPE Local 2380-04 9.03 Stewards In order to provide an orderly and expeditious procedure for the disposition of a grievance, the Employer acknowledges the right of a Union to elect or appoint not more than three (3) Stewards, not including the Unit Vice -President. 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 Employer in writing of the names of its Stewards, Officers and Officials. The Union shall notify the Employer of any and all changes in this regard. The Employer shall not be required to recognize a Steward, Officer or Official until his name has been provided by the Union to the Employer in writing. b) The Employer 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 Employer 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. 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. Collective Agreement 2019-2022 Page 9 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer shall notify the employee of their right to request the presence of a Steward and shall accommodate if such request is made. In the event a request has been made, the discussions shall cease until the Union Vice President or Steward is present. For the purposes of Article 11.04 working days is defined as Monday to Friday during regular Administration Centre business days and hours. 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. For the purposes of Article 11.05 working days is defined as Monday to Friday during regular Administration Centre business days and hours. 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 include the National Representative and the Union Vice President or 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 ten (10) working days as defined in 11.04 and 11.05 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. Collective Agreement 2019-2022 Page 10 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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. 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 Employer 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 Employer 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 Employer 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 Employer 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 Collective Agreement 2019-2022 Page 11 of 49 Township of Oro-Medonte and CUPE Local 2380-04 the Local within ten (10) working days as defined in 11.04 and 11.05 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 ten (10) working days as defined in 11.04 and 11.05 following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within fourteen (14) working days of the date the Employer received the Union's reply. 11.15 The Union shall have the right to file a grievance based on a difference with the Employer arising out of the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall not include any matters which can only be raised as a personal grievance. Such grievance shall be submitted in writing by the Union to the Chief Administrative Officer or Designate within ten (10) working days as defined in 11.04 and 11.05 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 Employer shall give the Union its written reply to the grievance within ten (10) working days as defined in 11.04 and 11.05 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 Employer'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 Employer 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 Employer 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 Collective Agreement 2019-2022 Page 12 of 49 Township of Oro-Medonte and CUPE Local 2380-04 by Human Resources or Supervisor of the reason for such discipline or discharge. 12.04 An employee is entitled to review his personnel file in the presence of Human Resources. The employee must provide Human Resources twenty-four (24) hours' notice of the intended review and a mutually convenient time will be established. 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 Employer in assessing appropriate discipline. ARTICLE 13 — SENIORITY 13.01 Seniority is the length of service with the Employer 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. 13.02 Seniority List The Employer 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 Semi-annually in January and July 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. 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 Employer; 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; Collective Agreement 2019-2022 Page 13 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer; f) fails to report to work within five (5) working days after being notified by the Employer of a recall; g) fails to return to work upon termination of an authorized leave of absence unless a reason acceptable to the Employer 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 Barciaining Unit An employee who is consensually temporarily transferred to a position outside the bargaining unit shall continue to be covered by this Collective Agreement, with exception of the Articles listed below, during such transfer and he shall retain his seniority for a period of up to 18 consecutive months. Such employee shall continue to pay Union dues at their last Unionized rate. Article 11 - Grievances (related to the non -Union position) Article 12 - Discipline & Discharge (related to the non -Union position) Article 16 - Hours of Work Article 17 - Overtime Article 19.09 - Vacation Scheduling Article 23 - Wages & Allowances 13.05 Temporary Employees a) 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. b) The Union understands and agrees that Temporary Employees referred to in Article 3.01 (b) are excluded from this Article. c) Where there is a mutual agreement as outlined in Article 3.01 (c) and the maximum time is in excess of twelve (12) consecutive months the Union understands and agrees that these Employees are excluded from this Article. Collective Agreement 2019-2022 Page 14 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer a vacancy occurs, the Employer 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. The Employer may post/advertise a position outside concurrently, or where there are no qualified Bargaining Unit Employees. In addition, the Employer reserves the right to withdraw a posting at any time including after the termination of the seven (7) day posting period. No outside applicant for a posted position shall be hired until it is determined that none of the applicants from the bargaining unit are capable of being promoted pursuant to Article 14.04. 14.02 Such notice shall contain the following information: a) number of positions to be filled; b) title and description of position; c) qualifications, experience, knowledge, skills and abilities required; d) wage rate or range; and e) final date by which application must be received by the Employer. Collective Agreement 2019-2022 Page 15 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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) qualifications, experience, knowledge, skills and abilities required; 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 the successful applicant shall be sent to the Unit Vice President via email. 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 ninety (90) working days including on-call in the classification to which the employee has been promoted. Where the Employer "or Employee" 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. 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 Bumping An employee who is displaced from his job and who is unwilling to be laid off from the Employer may bump into any job classification that is occupied by a bargaining unit employee with less seniority, subject to the following: Collective Agreement 2019-2022 Page 16 of 49 Township of Oro-Medonte and CUPE Local 2380-04 a) the employee exercising the right to bump must have the qualifications and ability to perform the job satisfactorily at the Employers 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 Employer advised, in writing, of his current address. The Employer 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 Employer 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 Employer. 15.05 The Employer 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 Employer. The Employer shall provide ten (10) days' notice in writing in advance of a change in hours except in an emergency and/or exceptional circumstance as defined in Township Policy. It is recognized, that such advance notice is not required in cases of emergency, weather event or illness. 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. 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. Shifts may be extended beyond eight (8) or ten (10) hours as applicable in cases of emergency, weather event or illness. It is agreed that such changes shall not be made in an arbitrary or discriminatory manner. Collective Agreement 2019-2022 Page 17 of 49 Township of Oro-Medonte and CUPE Local 2380-04 16.03 Facility Operators Employees shall work forty (40) hours per week consisting of either eight (8) hour or ten (10) hour shifts which shall be determined in consultation with the respective Employees. 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 The normal hours of work for Employees listed in Column A of Appendix A shall be seven (7) consecutive hours per day, thirty-five (35) hours per week between the hours 8:00 a.m. and 5:00 p.m. Monday to Friday. 16.05 Technical Employees listed in Column B of Appendix A shall work 35 hours per week. Their normal working hours shall be as outlined in 16.04 however, it is agreed that with ten (10) days notice as per Article 16.01 their hours may be shifted due to planned meetings or scheduled server maintenance. 16.06 Building Inspectors, Plans Examiner/Building Inspector, Septic Inspector & Permit Coordinator/Junior Plans Examiner Employees shall work forty (40) hours per week consisting of either eight (8) hour or ten (10) hour shifts Monday to Saturday which shall be determined in consultation with the respective Employees. 16.07 Environmental Services Technicians Employees shall work forty (40) hours per week consisting of either eight (8) hour or ten (10) hour shifts which shall be determined in consultation with the respective Employees. 16.08 Municipal Law Enforcement Officers Employees shall work forty (40) hours per week consisting of either eight (8) hour or ten (10) hour shifts which shall be determined in consultation with the respective Employees. Collective Agreement 2019-2022 Page 18 of 49 Township of Oro-Medonte and CUPE Local 2380-04 16.09 Flex Time Full-time Office and Clerical, as defined by the Employer are eligible to accumulate 30 minutes of their lunch breaks to be utilized as Flexible Hours no more than one Flex Day per calendar month. For clarity, eligible employees must take a minimum 30 minute lunch break per day, and cannot use 15 minute breaks to accumulate time. The accumulated time to be used for Flex Time is at straight time only and is not to be included as overtime in Articles 17.03 and/or Article 17.04. Flex time must be accumulated prior to booking Flex time. Employees shall not be permitted to accumulated more hours than required in Option 3. There will be no carry forward and no payment in lieu of accumulated flex time from year to year. Available options for flexible hours are as follows: Option 1 Work 4 — 30 minute lunch breaks to accumulate 2 hours • On the day that the flexible hours will be utilized, the employee may include their lunch; • If the employee has added their lunch to the flexible hours, the employee shall work through until the specified departure time, or from the specified arrival time. Option 2 Work 7 — 30 minute lunch breaks to accumulate 3'/2 hours On the day that the flexible hours will be utilized, the employee may choose to either take the'/2 day off or utilize a'/2 vacation day to have a full day off. Option 3 Work 14/16 — 30 minute lunch breaks to accumulate 7/8 hours On the day that the flexible hours will be utilized, the employee takes the full day off. All flexible hours to be banked and taken off must be pre -approved by the eligible employee's Manager/Supervisor, subject to operational requirements for the additional time to be worked and provided that sufficient personnel are available to provide the required level of service as determined in the Employers sole discretion. Full-time Planner(s), Municipal Law Enforcement Officers, GIS Technician, IT Technician(s) and the Permit Coordinator/Junior Plans Examiner are only eligible to participate in flexible hours for the period commencing after Thanksgiving Day and ending on the first Monday in May. Collective Agreement 2019-2022 Page 19 of 49 Township of Oro-Medonte and CUPE Local 2380-04 Employees shall be permitted to utilize their eligible December flex day during the Holiday Shut Down period as established in Township policy. The three (3) days prior to and one (1) day following Tax Due Date (for Finance Staff and the Customer Service Representative) and any other day as may be determined by the Employer shall not be eligible to be utilized as Flexible Hours. 16.10 Employment Standard Act.2000 & Ontario Regulation 555/06 Hours of Service a) In accordance with s. 17(2) of the Employment Standards Act, 2000 & Ontario Regulation 555/06 Hours of Service, but subject to the exceptional circumstances provisions of Section 19 of that Act, the Union agrees that the bargaining unit employees may work in excess of the normal working hours to a maximum of fourteen (14) hours per day or seventy (70) hours per week, subject to the overtime provisions in Article 17 of the Collective Agreement. The fourteen (14) hour maximum does not apply to employees On Call and not working. b) The union consents that for the duration of this Collective Agreement, employees working the "Road Patrols" will be compensated for forty (40) hours per week, which recognizes the average work week in the designated variable shift rotation. 16.11 Special or Rotating Shifts In accordance with Article 16.01, the Employer, 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) Parks & Facility Operations c) Road Patrols d) Afternoon Shift(s) 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 Employer 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. Collective Agreement 2019-2022 Page 20 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 thirty five (35) hours for inside employees and forty (40) 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 thirty five (35) hours for inside employees and forty (40) 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. 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. Should an employee be able to complete the required work through remote access i.e. telephone or computer, the amount of call -out pay shall be a minimum of thirty (30) minutes at time and one-half his regular rate of pay Collective Agreement 2019-2022 Page 21 of 49 Township of Oro-Medonte and CUPE Local 2380-04 from the initial call until the logged out time and then in subsequent fifteen (15) minute increments. Calls within thirty (30) minutes of the previous call shall be considered continuous from the start of the previous call. 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 twelve dollars ($12.00). A meal allowance shall not be paid if a meal is supplied. ARTICLE 18 — PUBLIC HOLIDAYS 18.01 The Employer 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 • '/z Day before Christmas Day • Christmas Day • Boxing Day • 'h 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 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. Collective Agreement 2019-2022 Page 22 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer. 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 Employer 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 Employer. 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 Employer 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 All employees are entitled to vacation time in accordance with their length of service from his anniversary date. "Anniversary date" is the date on which the employee last commenced full-time employment with the Employer. Entitlement to vacation time will be determined by the chart below: CONTINUOUS SERVICE VACATION ENTITLEMENT 1 Year 3 Weeks 8 Years 4 Weeks 13 Years 5 Weeks 15 Years 5 Weeks + 1 Day 16 Years 5 Weeks + 2 Days Collective Agreement 2019-2022 Page 23 of 49 Township of Oro-Medonte and CUPE Local 2380-04 17 Years 5 Weeks + 3 Days 18 Years 5 Weeks + 4 Days 19 Years 6 Weeks 10.8% 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 Employer, 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 Employer 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 time entitlement shall be reduced on arp o rata basis where the employee is absent on an approved leave of absence provided for under this agreement or as provided for under the Employment Standards Act, 2000. The proration of vacation time shall occur in a manner consistent with the Employment Standards Act, 2000. An employee taking an approved leave of absence as described in Article 19.03 above shall be granted vacation time in accordance with Article 19.02 on January 1 st of the next calendar year. 19.04 Vacation Pav All employees will receive vacation pay equivalent to their regular base wages when vacation time is taken. Vacation pay will be determined in accordance with the chart below: CONTINUOUS SERVICE VACATION PAY 1 Year 6.0% 8 Years 8.0% 13 Years 10.0% 15 Years 10.4% 16 Years 10.8% 17 Years 11.2% 18 Years 11.6% 19 Years 12.0% An employee taking an approved leave of absence as described in Article 19.03 shall be granted vacation pay January 1 sl of the next calendar year. Collective Agreement 2019-2022 Page 24 of 49 Township of Oro-Medonte and CUPE Local 2380-04 For example: Sally has completed 8 years of service. On February 1st, Year 1 Sally goes on leave and returns on November 30th, Year 1. On January 1st, Year 2, Sally will receive 4 weeks' vacation time and 8% of her Year 1 earnings as at December 31st, Year 1 as vacation pay. 19.05 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 Employer 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. 19.06 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. 19.07 Unbroken Vacation Period The Employer 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. 19.08 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 Human Resources. 19.09 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 Employer, in its sole discretion, may permit the requested vacation carry over. Such discretion shall not be exercised in bad faith. 19.10 Vacation Scheduling a) The Employer shall attempt to provide vacations during the periods preferred by employees; however, in scheduling vacations, the Employer shall in its sole discretion ensure that operational requirements are met and that sufficient personnel are available to provide the required level of service. Applications for vacation periods consisting of full work week increments will be processed first, so as to enable the greatest possible number of employees to take their vacation during their preferred periods. Once all applications have been processed for vacations in full week increments, management will process and approve applications for vacation periods consisting of less than full week increments. Collective Agreement 2019-2022 Page 25 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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. d) No vacation request will be unreasonably denied. 19.11 Vacation Carry -Over a) An employee who is absent on an approved protected leave (Pregnancy, Parental, Family Medical, Organ Donor, Personal Emergency, Emergency, Declared Emergencies and Reservist Leaves) of absence under the Employment Standards Act, 2000 at the end of the vacation entitlement year (December 31St) shall be permitted to carry over any remaining vacation entitlements to the subsequent vacation entitlement year. b) All other employees who are on an approved leave of absence at the end of the vacation entitlement year (December 31St) may carry over up to five (5) days' unused vacation entitlement to the subsequent vacation entitlement year. Any additional vacation pay beyond such amount shall be paid out in the final pay period within the vacation entitlement year. Unpaid vacation time will not be eligible for carry over under this provision. 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 as defined in Article 3.01 b) and c) with a minimum contract duration of twelve (12) months shall be entitled to three (3) sick days per work term. Employees serving a probationary period are not entitled to sick leave with pay. Collective Agreement 2019-2022 Page 26 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 ten (10) 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 defined 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. Time off during normal working hours may be paid from sick leave credits for doctor, medical and dentist appointments upon advanced approval from the Supervisor and with notice being provided as soon as possible for Specialist and/or Emergency appointments. When requested, the Employee shall provide medical certificate (as the cost of the Employer) confirming the employee's attendance at the appointment. Employees are requested to try to schedule all such appointments outside working hours when possible. 20.03 Employees absent due to a sickness occurrence shall expend not more than five (5) sick leave credits and shall be entitled to no more than five (5) days sick pay. Employees are eligible to apply for Short Term Disability as outlined in Article 24.01 d) after three (3) days absence due to sickness. 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 may be required by his physician to prepare a medical certificate at the Employer's discretion. If required the employee 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 Employer reserves the right to request such a certificate before the three (3) days if the Employer feels that the employee's absence is not justified. This request shall not be made in an arbitrary or discriminatory manner. If there is any billing fees associated with obtaining the certificate, the Employer shall pay 100% of the billed fees. ARTICLE 21 — ATTENDANCE 21.01 The Employer is entitled to regular attendance on the part of its employees. Collective Agreement 2019-2022 Page 27 of 49 Township of Oro-Medonte and CUPE Local 2380-04 21.02 If an employee is unable to attend at work as scheduled, he is required to notify the Immediate Supervisor or designate, a minimum of one (1) hour prior to the employee's scheduled starting time, when possible, 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 to the satisfaction of the Employer. 21.03Unpaid Personal Leave of Absence The Employer in their sole discretion may grant a leave of absence, without pay, to an employee for personal reasons. A request for personal leave shall be submitted in writing, through Human Resources at least two weeks in advance of the commencement of the leave period. The request shall contain all pertinent details including the reason for the leave. The Employer will not pay the premiums of the Benefit Plan specified in Article 24. The Employee shall not be entitled to Vacation Time outlined in Article 19 or be entitled to Sick Leave Article 20 for time associated with the leave. 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, where these days fall on the employee's normal working day. Leave shall not be extended due to weekends or statutory holidays. b) "Immediate family" for the purpose of Article 22.01(a) means the employee's parents, stepparents, foster parent, spouse, common -law -spouse, same- sex partner, child, step -children, foster child, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, step -grandparent, grandchild, step -grandchild, niece, nephew or an employee's relative who is dependent on the employee for care or assistance. 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 Employer may, in its sole discretion, grant an employee additional days off for the purpose of attending a funeral outside the Province of Ontario. Collective Agreement 2019-2022 Page 28 of 49 Township of Oro-Medonte and CUPE Local 2380-04 e) The Employer is entitled to demand proof of death, attendance at funeral and/or relationship, and the employee shall provide same. 22.02 Jury Service or Court Witness Leave a) The Employer 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 Employer in any legal proceeding. The Employer 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 Employer, shall be forwarded to the Employer 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 Employer 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. Pregnancy and parental leaves will be granted in accordance with the Employment Standards Act, 2000 (Ontario) subject to the following: a) An employee who is on a pregnancy and/or parental leave as stipulated by the Employment Standards Act, 2000 (Ontario), as amended from time to time, and has applied for and is in receipt of Employment Insurance (EI) pregnancy/parental benefits shall be eligible for a weekly supplemental benefit (the "SUB benefit"). The weekly SUB benefit is calculated as twenty percent (20%) of the employee's regular weekly earnings. The employee's regular weekly earnings shall be determined by multiplying her/his regular hourly rate on her/his last day worked prior to the commencement of the leave multiplied by her normal weekly hours. The SUB benefit will be paid in accordance with the Employer's payroll practices, and is subject to all deductions required by law. The SUB benefit payment shall commence following completion of the Employment Insurance waiting period and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she/he is in receipt of Employment Insurance pregnancy/parental benefits, and shall continue while the employee is in receipt of EI pregnancy benefits for a maximum period of twenty (20) weeks or the employee's leave ends, whichever is sooner. Collective Agreement 2019-2022 Page 29 of 49 Township of Oro-Medonte and CUPE Local 2380-04 The employee does not have any vested right except to receive payment for the covered unemployment period. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by SUB benefit payments. SUB benefit payments will not be used to reduce accumulated employment benefits such as vacation leave or severance pay. Employees do not have a right to SUB benefit payments except during the period of leave as specified in this clause. SUB benefit payments are financed through the general revenues of the Employer and the employee has no claim on any assets of the Employer or otherwise with respect to the payment of SUB benefits. b) The employee shall give the Employer four (4) weeks' notice, in writing, of the day upon which she/he intends to commence her leave of absence, unless impossible. c) An employee who intends to resume her employment on the expiration of the leave of absence granted to her/him under this article shall so advise the Employer at least four (4) weeks in advance of her intention to do so. Where requested by the Employer, the employee shall provide a medical certificate confirming that she/he is capable of returning to work. Parental Leave The Employer will abide by the requirement as set out in legislative requirements. For greater certainty, Article 22.03 (1) (a) applies to parental leave on the same basis as those on pregnancy leave. The twenty (20) week SUB benefit can be taken during pregnancy leave, parental leave or a combination thereof. 22.04 Family Leave The Employer will abide by the requirement as set out in legislative requirements. 22.05 Union Leave Upon written application to Human Resources 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 Employer, additional unpaid days of leave may be granted. The employees' wages and benefits shall not be interrupted. However, the Union shall reimburse the Employer for all wages concerned. Collective Agreement 2019-2022 Page 30 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 23 — WAGES AND ALLOWANCES 23.01 Wage/Salary Administration a) The Employer 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 Employer will pay an employee who is required by the Employer to use his personal automobile for Employer business, an automobile allowance in accordance with the rate established from time to time by the Employer. 23.03 Clothinq and Boot Allowance a) Employees providing the following services shall be required to purchase uniform clothing from an Employer approved list and from an employer approved vendor. The selection of uniform clothing shall be at the Employers sole discretion. Employees under this article shall be required to wear their uniform clothing during the performance of their duties as a condition of employment. • Building/Septic Inspection • Summer/Winter construction & maintenance operations • Water/Waste water • Facility/Parks Operations Employees providing services as outlined in this article shall be reimbursed upon production of a receipt for the purchase of Safety Footwear. Footwear shall be a minimum of six (6) inches in height, with laces, CSA and Dielectric certification. Safety footwear must be worn and properly fastened as a condition of employment. CSA approved rubber and/or winter boots shall not be required to have laces but must be a minimum of six (6) inches in height. The maximum combined value of uniform clothing and boots shall not exceed five hundred dollars ($500) for each year of the Collective Agreement. Employees are responsible for their choices and must ensure they select sufficient clothing to be dressed appropriately and recognizable to the public as Township Employees. Collective Agreement 2019-2022 Page 31 of 49 Township of Oro-Medonte and CUPE Local 2380-04 Clothing shall have the employees name and Township logo on all uniform clothing with the exception of pants. The Employer shall be responsible for such costs. b) All employees other than those designated in 23.03 (a) and (c), and Uniformed Fire Personnel, shall be provided a maximum allocation of two hundred and fifty ($250) dollars per year of the Collective Agreement to select Employer approved apparel. Employees may choose annually from an Employer produced catalogue only. All Employer issued clothing shall be embroidered with the Township of Oro-Medonte logo at the Employers cost. c) Municipal Law Enforcement Officer(s) Uniform: Municipal Law Enforcement Officers shall be provided the following Uniform clothing: 3 long sleeved shirts — annually 3 short sleeved shirts — annually 3 pairs long pants — annually 1 sweater — every 2 years 1 winter coat — every 4 years Municipal Law Enforcement Officers(s) shall be reimbursed a maximum of two hundred ($200) dollars upon production of a receipt for the purchase of military style safety footwear for each year of the Collective Agreement. Footwear shall be black, a minimum of 8 inches in height, with laces, CSA and Dielectric certification. Safety footwear must be worn and properly fastened as a condition of employment. d) Safety equipment The Employer 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 Employer'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. Collective Agreement 2019-2022 Page 32 of 49 Township of Oro-Medonte and CUPE Local 2380-04 23.04 Temporary Transfers Where an employee, at the request of the Employer, performs a higher rated job for an entire shift, 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 Employer, performs a higher rated job for an entire shift 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. Where an employee, at the request of the Employer, performs the job of their non-union supervisor for an entire shift, they shall be entitled to receive four ($4) dollars per hour for all hours worked. 23.05 Temporary Assignment When an employee, at the request of the Employer, is temporarily assigned to a position paying a lower rate, his rate shall not be reduced. 23.06 Payroll Advances The Employer 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: 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; Collective Agreement 2019-2022 Page 33 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 twenty five dollars $25.00 per week day, thirty five dollars $35.00 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 thirty five dollars $35.00 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 an Employer 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. Where an Employee chooses to not take the Employer's vehicle home, the Employee is required to attend the work location to pick up an Employer's vehicle prior to reporting to the incident to investigate. During their scheduled stand-by rotation, Employees shall abide by the following rules: Collective Agreement 2019-2022 Page 34 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 twenty five dollars $25.00 per week day, thirty five dollars $35.00 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., or an employee working during the day on weekends and/or statutory holidays, he shall receive a shift premium of: One Dollar and fifty cents ($1.50) 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. At no time shall there be two shift premiums applicable at the same time. 23.09 Equipment Premiums Employees operating the backhoe, dozer, grader, float trailer, brusher arm, and/or excavator shall receive a premium of: Two dollars and seventy five cents ($2.75) Per hour while operating such equipment. The equipment premium shall only be applicable to employees holding the position of Equipment Operator and will be in addition to the shift premium if applicable. Where Article 23.09 is applicable, Article 23.04 is not. 23.11 Premiums applicable in Article 23 shall not be added to the hourly rate for the purposes of overtime calculations. 23.12 The Employer will commit to maintain a minimum of two (2)AZ Equipment Operators. Collective Agreement 2019-2022 Page 35 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 24 — BENEFITS 24.01 The Employer 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; 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) Prescription Drugs A $10.50 limit on dispensing fees for all prescription drugs on a pay direct system. A list of locations with dispensing fees under $10.50 shall be provided by the Employer at the renewal of each Collective Agreement. Mandatory Generic Drug Program unless brand drugs are specifically prescribed by a physician and indicated as "no substitution". f) Dental Insurance Benefit Dental expense insurance benefit at O.D.A. suggested fee schedule minus two (2) years on a pay direct system; g) All Health and dental benefits coverage terminates at age 70. 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 per year 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. Collective Agreement 2019-2022 Page 36 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer with an unreduced OMERS pension or who has been off on sick leave for twenty-four (24) months and has fifteen (15) years of service with the Employer will be allowed to enroll in the Employer'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. 24.03 Employee Assistance Program All eligible, permanent employees and covered family members shall be enrolled in an Employee Assistance Program. The Employer shall, during the term of the current Collective Agreement, pay one hundred percent (100%) of the billed premiums. 24.04 The Employer's 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 consisting of: $175 per family member per year and Up to $100 for an eye examination per twenty (24) period per employee and each dependent not covered by OHIP) Collective Agreement 2019-2022 Page 37 of 49 Township of Oro-Medonte and CUPE Local 2380-04 Vision Care Benefits shall be Self -Insured and Self -Administered by the Employer 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 Employer 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. 24.08 Chiropractic. Physiotherapy & Psychologist/Therapist Benefits • Chiropractic Treatments -$500.00 yearly, no deductible • Massage Therapy - $500.00 yearly, no deductible Psychologist/Social Worker/Marriage and Family Therapist including coverage for the services of a Psychotherapist, subject to a combined maximum with Psychologist/ Social Worker/Marriage and Family Therapist - $500.00 yearly. ARTICLE 25 — TRAINING AND DEVELOPMENT 25.01 The Employer shall provide training it deems necessary for the purposes of development and/or succession planning. The selection of employees for training shall be made by the employer in their sole discretion. Corporate employee training required for the day to day performance of duties including but not limited to legislative and health and safety shall be provided to all applicable Employees as directed by the Employer. Employees may request training in writing detailing the training, costs, timing and potential benefits of the training. Should the Employee be denied the requested training, the Employer shall provide an explanation. The Employer's decision to grant or deny training is final and shall not be subject to 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. The Employees will have no loss of earnings while undertaking training. Training scheduled outside of working hours shall be done on the Employees own time and is not subject to overtime provisions. Collective Agreement 2019-2022 Page 38 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 26 — HEALTH AND SAFETY COMMITTEE 26.01 The Employer 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. 26.02 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 27 — BULLETIN BOARD 27.01 The Employer shall provide the Union with a bulletin board space in all Unionized workplaces as designated by the Employer for the purpose of posting Union notices regarding meetings and other lawful activities of trade Unions. All such notices must be approved by Human Resources prior to posting. ARTICLE 28 — ALTERATION OR AMENDMENT 28.01 Any alteration or amendment of the Agreement shall be in writing, and shall be executed by both the Employer and the Union. ARTICLE 29 — AMALGAMATION OR MERGER 29.01 In the event the Corporation merges or amalgamates with any other body, the Employer undertakes to make every effort to ensure that: a) Employees shall be credited with all seniority rights with the new Employer. b) All service credits relating to vacation with pay, sick leave credits and other benefits shall be recognized by the new employer subject to the provisions of any labour contract in effect with the new Employer. c) Employee will not suffer a reduction in wages. The forgoing is subject to the applicable provisions of any Provincial legislation. Collective Agreement 2019-2022 Page 39 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 30 — JOB SECURITY 30.01 For the duration of this collective agreement, no member of the bargaining unit with five (5) or more years of seniority with the Employer shall be laid off as a result of the contracting out of work normally performed by members of the bargaining unit. ARTICLE 31 — RETROACTIVITY Retroactivity If the signing of this agreement takes place after the termination of the previous Collective Agreement, all those employees employed by the Employer on the date of signing of this Agreement shall receive full retroactive increase in pay. All other benefits and premiums shall become effective date of ratification. For the term of this Agreement any employee who retired between the termination of the previous Collective Agreement and the ratification of this Agreement shall receive full retroactive increase in pay. Vacation Implementation All employees hired on a permanent full time basis in 2018 will receive an additional 1 week vacation upon ratification. All permanent full time employees hired from Jan. 1, 2019 to December 31, 2019 shall be entitled to one additional week of vacation entitlement pro -rated from their respective date of hire. Collective Agreement 2019-2022 Page 40 of 49 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 32 – TERM OF AGREEMENT 32.01 This Agreement is effective from January 1, 2019 to December 31, 2022. 32.02 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 V -1A day of I)W 2019. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE CANADIAN UNION DEP&TY CLERK (Janette Teeter) PUBLIC EMPLOYEES AND ITS Phillip Patchell – Vice President Representative Collective Agreement 2019-2022 Page 41 of 49 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2019 Note: all wage increases become effective in the first pay period after the date which is noted. POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Senior Planner 35.01 36.76 38.54 40.29 42.07 Environmental Services Lead Hand Building Inspector 33.44 35.13 36.81 38.51 40.18 Fleet & Heavy Equipment Technician Intermediate Planner Plans Examiner/Building Inspector Environmental Services Technician Septic Inspector Transportation Services Lead Hand IT Technician Planner 26.78 28.14 29.49 30.85 32.20 Permit Coordinator/Jr Plans Examiner Rec & Community Services Lead Hand Accounting Clerk Municipal Law Enforcement Officer 25.48 26.75 28.04 29.31 30.62 GIS Technician AZ Equipment Operator Senior Revenue Clerk 23.15 24.31 25.49 26.64 27.81 Equipment Operator Facility Operator Records Clerk Recreation & Community Services Asst. 22.02 23.13 24.23 25.34 26.45 Transportation Services Assistant Fire & Emergency Services Assistant Environmental Services Assistant Development Services Assistant Customer Service Representative Septic Maintenance Program/Bldg. Asst. Revenue Clerk Facility Maintenance/Custodian 20.95 22.02 23.06 24.13 25.17 Seasonal Municipal Law Enforcement 18.92 19.89 20.85 21.80 23.55 Labourer Collective Agreement 2019-2022 Page 42 of 49 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2020 Note: all wage increases become effective in the first pay period after the date which is noted. POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Senior Planner 35.57 37.35 39.16 40.93 42.74 Environmental Services Lead Hand Building Inspector 33.98 35.69 37.40 39.13 40.87 Fleet & Heavy Equipment Technician Intermediate Planner Plans Examiner/Building Inspector Environmental Services Technician Septic Inspector Transportation Services Lead Hand IT Technician Planner 27.20 28.59 29.96 31.34 32.71 Permit Coordinator/Jr Plans Examiner Rec & Community Services Lead Hand Accounting Clerk Municipal Law Enforcement Officer 25.88 27.17 28.49 29.78 31.11 GIS Technician AZ Equipment Operator Senior Revenue Clerk 23.52 24.70 25.89 27.07 28.26 Equipment Operator Facility Operator Records Clerk Recreation & Community Services Asst. 22.37 23.50 24.62 25.75 26.87 Transportation Services Assistant Fire &Emergency Services Assistant Environmental Services Assistant Development Services Assistant Customer Service Representative Septic Maintenance Program/Bldg. Asst. Revenue Clerk Facility Maintenance/Custodian 21.28 22.37 23.43 24.51 25.57 Seasonal Municipal Law Enforcement 19.22 20.21 21.18 22.15 :23:92 Labourer Collective Agreement 2019-2022 Page 43 of 49 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2021 Note: all wage increases become effective in the first pay period after the date which is noted. POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Senior Planner 36.17 37.99 39.82 41.63 43.47 Environmental Services Lead Hand Building Inspector 34.56 36.30 38.04 39.79 41.56 Fleet & Heavy Equipment Technician Intermediate Planner Plans Examiner/Building Inspector Environmental Services Technician Septic Inspector Transportation Services Lead Hand IT Technician Planner 27.67 29.07 30.47 31.87 33.27 Permit Coordinator/Jr Plans Examiner Rec & Community Services Lead Hand Accounting Clerk Municipal Law Enforcement Officer 26.32 27.64 28.98 30.29 31.64 GIS Technician AZ Equipment Operator Senior Revenue Clerk 23.92 25.12 26.33 27.53 28.74 Equipment Operator Facility Operator Records Clerk Recreation & Community Services Asst. 22.75 23.90 25.03 26.19 27.33 Transportation Services Assistant Fire & Emergency Services Assistant Environmental Services Assistant Development Services Assistant Customer Service Representative Septic Maintenance Program/Bldg. Asst. Revenue Clerk Facility Maintenance/Custodian 21.65 22.75 23.83 24.93 26.01 Seasonal Municipal Law Enforcement 19.55 20.56 21.54 22.53 24.33 Labourer Collective Agreement 2019-2022 Page 44 of 49 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2022 Note: all wage increases become effective in the first pay period after the date which is noted. POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Senior Planner 36.90 38.75 40.62 42.46 44.34 Environmental Services Lead Hand Building Inspector 35.25 37.02 38.80 40.59 42.39 Fleet & Heavy Equipment Technician Intermediate Planner Plans Examiner/Building Inspector Environmental Services Technician Septic Inspector Transportation Services Lead Hand IT Technician Planner 28.22 29.65 31.08 32.51 33.93 Permit Coordinator/Jr Plans Examiner Rec & Community Services Lead Hand Accounting Clerk Municipal Law Enforcement Officer 26.85 28.19 29.56 30.89 32.27 GIS Technician AZ Equipment Operator Senior Revenue Clerk 24.40 25.62 26.86 28.08 29.31 Equipment Operator Facility Operator Records Clerk Recreation & Community Services Asst. 23.20] 24.38 25.53 26.71 27.88 Transportation Services Assistant Fire & Emergency Services Assistant Environmental Services Assistant Development Services Assistant Customer Service Representative Septic Maintenance Program/Bldg. Asst. Revenue Clerk Facility Maintenance/Custodian 22.08 23.20 24.30 25.43 26.53 Seasonal Municipal Law Enforcement 19.94 20.97 21.97 22.98 24.82 Labourer Collective Agreement 2019-2022 Page 45 of 49 Township of Oro-Medonte and CUPE Local 2380-04 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 Employer. 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 Employer 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. APPENDIX "A" A B Accounting Clerk Senior Planner Senior Revenue Clerk Intermediate Planner Records Clerk Planner Recreation & Community Services Asst. GIS Technician Transportation Services Assistant IT Technician Fire & Emergency Services Assistant Environmental Services Assistant Septic Maintenance Program/Bldg. Asst. Development Services Assistant Customer Service Representative Revenue Clerk Collective Agreement 2019-2022 Page 46 of 49 Township of Oro-Medonte and CUPE Local 2380-04 LETTER OF UNDERSTANDING — Benefits Between: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and THE CANADIAN UNION OF PUBLIC EMPLOYEES RE: BENEFITS - Sunlife Financial - Policy No.: 100951 The medical benefits and disability/life insurance benefits provided under this contract will be governed by and subject to all the terms and conditions of the insurance contracts entered into by the Township with the insuring agency. It is agreed that the Employer will have the right to negotiate the terms and conditions and/or select alternative plan carriers for any employer paid benefits, provided that the benefits are maintained at an equivalent level of benefits and that Employee eligibility will be maintained. In the event the Employer exercises their right to change insurance carriers, this Letter of Understanding will be updated identifying the most current carrier and benefit plan number. The responsibility rests solely with the Employee to complete all eligibility requirements of the carriers of benefits identified under this Collective Agreement. DATED at the Township of Oro-Medonte this Vh day of 2019. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hughes) D UTY CLERK (J. Teeter) CANADIAN UNION OF PUBLIC EMPLOYEES AND Phillip Patchell — Vice President Andrew Mon% Lynn Burness Blackhall — National Representative Collective Agreement 2019-2022 Page 47 of 49 Township of Oro-Medonte and CUPE Local 2380-04 LETTER OF UNDERSTANDING — Operator 2 Position Between: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and THE CANADIAN UNION OF PUBLIC EMPLOYEES 1. The Corporation and the Union agree that the position of Operator 2 is eliminated from the salary grid. 2. The Corporation commits that the incumbent employees currently holding the position of Operator 2 will remain in that position for the duration of their employment with the Township of Oro-Medonte. 3. The incumbent employees will receive compensation at their current level plus any salary increases that may be negotiated through Collective Bargaining. Individual letters will be prepared and placed in their employee files. Operator 2 employees are not entitled to Equipment Premiums. 4. The Corporation commits that the complement of Equipment Operators associated with these two positions will be maintained when the incumbent employees leave the Township. DATED at the Township of Oro-Medonte this 1�41) day of 2019. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR (H.S. Hughes) DEPUTY CLERK (J. Teeter) CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS Phillip Patchell — Vice President Andrew Mont me Lynn Burness Blackhall — National Representative Collective Agreement 2019-2022 Page 48 of 49 Township of Oro-Medonte and CUPE Local 2380-04 LETTER OF UNDERSTANDING – Lead Hands Between: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and THE CANADIAN UNION OF PUBLIC EMPLOYEES RE: Lead Hands It is Agreed and Understood that: 1. The Employer has no intention to fill the positions of Transportation Services Lead Hand and/or Recreation & Community Services Lead Hand during the term of this Agreement. 2. The Union agrees that in accordance with Article 11 no Grievance will be filed by the Union regarding the Employer's right to not fill the positions of Transportation Services Lead Hand and/or Recreation & Community Services Lead Hand. 3. The Employer, in their sole discretion and in accordance with Article 4, will determine if a full-time year round Lead Hand is a required position in the future; and the Employer will update the job descriptions accordingly at that time. 4. The Union agrees that the new job descriptions/positions will be re-evaluated through the existing job evaluation plan. DATED at the Township of Oro-Medonte this day of 2019. THE CORPORATION OF THE TOWNSHIP a4z 2— — MAYOR (H.S. Hughes) OF ORO-MEDONTE DEPUTY CLERK (J. Teeter) CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS Phillip Patchell – Vice President /M Andrew Mont Lynn Burness Blackhall – National Representative Collective Agreement 2019-2022 Page 49 of 49