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2023-055 By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and The Union Local 2380-4The Corporation of the Township of Oro-Medonte By-law No. 2023-055 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, 2023 to December 31, 2025. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and the 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 14th day of June, 2023. The Corporation of the Township of Oro-Medonte ayor, Randy Greenlaw CIerYvonne Aubichon \\, Proud Heritage, Exciting Future CUPE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380-04 COLLECTIVE AGREEMENT 2023 - 2025 Township of Oro-Medonte and CUPE Local 2380-04 CONTENTS ARTICLE 1 — PURPOSE 5 ARTICLE 2 — RECOGNITION 5 ARTICLE 3 — INTERPRETATION 5 3.01 "Employer" 5 3.02 "Days" 5 3.03 "Days/Hours" 5 3.04 "Employee" or "Employees" 6 3.05 Gender Neutrality" 6 3.06 "Full-time Employee" 6 3.07 Position Categories Schedule 6 3.08 "Probationary Period" 7 3.09 Qualifications" 7 3.10 "Unit Chair" 7 3.11 "Steward" 7 3.12 "Temporary Employees" 7 3.13 "Temporary Employees" Exclusions 8 ARTICLE 4 — MANAGEMENT RIGHTS 9 ARTICLE 5 — RELATIONSHIP 9 ARTICLE 6 — ACQUAINTING NEW EMPLOYEE WITH COLLECTIVE AGREEMENT 10 ARTICLE 7 — CORRESPONDENCE 10 ARTICLE 8 — LABOUR MANAGEMENT COMMITTEE 11 ARTICLE 9 — REPRESENTATION 11 9.01 Negotiating Committee 11 9.03 Stewards 11 9.04 Notification of Identity 11 9.05 Servicing Grievances 12 ARTICLE 10 — NO STRIKE, NO LOCKOUT 12 ARTICLE 11 — GRIEVANCE PROCEDURE 12 ARTICLE 12 — DISCIPLINE AND DISCHARGE 15 12.01 Employees Who Have Completed Probationary Period 15 12.02 Probationary Employees 15 12.04 Personnel Files 15 12.05 Disciplinary Records 16 ARTICLE 13 — SENIORITY 16 13.01 Seniority 16 13.02 Seniority List 16 13.03 Loss of Seniority 16 13.04 Transfer Outside of the Bargaining Unit 17 Collective Agreement 2023-2025 Page 1 of 52 Township of Oro-Medonte and CUPE Local 2380-04 13.05 Seniority - Temporary Employees 17 13.06 Probationary Employees 18 13.07 Former Medonte Employees 18 13.08 Licenses and Certifications 18 ARTICLE 14 -JOB POSTING, PROMOTION AND TRANSFER 18 14.01 Job Postings 18 14.05 Trial Period 19 ARTICLE 15 - LAYOFF AND RECALL 19 15.01 Layoff Procedure 19 15.03 Bumping 19 ARTICLE 16 - HOURS OF WORK 20 16.02 Position Categories Schedule - Section "A" - Article 3.07 21 16.03 Position Categories Schedule - Section "B" - Article 3.07 21 16.04 Position Categories Schedule - Section "C" - Article 3.07 21 16.05 Position Categories Schedule - Section "D" - Article 3.07 21 16.06 Flex Time 22 16.07 Employment Standard Act,2000 & Ontario Regulation 555/06 Hours of Service 23 ARTICLE 17 - OVERTIME 24 17.01 Overtime 24 17.04 Time off in Lieu of Overtime 24 17.05 Minimum Call Out 25 17.06 Meal Allowance 25 ARTICLE 18 - PUBLIC HOLIDAYS 25 18.01 Public Holidays 25 18.02 Substitute Day for Observance of Holiday 26 18.03 Holidays for 7 Day -A -Week Operations 26 18.04 Shifts Extending Over Two Calendar Days 26 18.05 Eligibility for Paid Holiday 26 ARTICLE 19 - VACATIONS 26 19.01 Vacation Entitlement 26 19.02 Vacation Pay 27 19.03 Vacation Proration 27 19.04 Vacation Scheduling 28 19.05 Unbroken Vacation Period 29 19.06 Compensation for Holidays Falling Within Vacation Schedule 29 19.07 Maximum Vacation Carry Over 29 19.08 Vacation Carry -Over - Leaves 29 19.09 Vacation Upon Termination 30 19.11 Vacation - Payout 30 ARTICLE 20 - SICK LEAVE 30 Collective Agreement 2023-2025 Page 2 of 52 Township of Oro-Medonte and CUPE Local 2380-04 20.01 Sick Leave 30 20.02 Sick Leave Allocation 30 20.03 Sick Leave Proration 30 20.04 Sick Leave Utilization 31 20.07 Short Term Disability Top Up Reserve 31 ARTICLE 21 — ATTENDANCE 32 21.03 Unpaid Personal Leave of Absence 32 ARTICLE 22 — LEAVES 32 22.01 Bereavement Leave 32 22.02 Jury Service or Court Witness Leave 33 22.03 Union Leave 33 22.04 Job Protected Leave(s) of Absence 33 22.05 Pregnancy, Parental Leave 34 ARTICLE 23 — WAGES AND ALLOWANCES 35 23.01 Wage/Salary Administration 35 23.02 Automobile Allowance 35 23.03 Clothing and Boot Allowance 35 23.04 Temporary Transfers/Assignment 37 23.05 Supervisors Assistant 37 23.06 Payroll Advances 38 23.07 Stand -By Pay 38 Employees holding a position within Section "D" of Article 3.07 - Position Categories Schedule - Second (2nd) Tuesday of April to end of October 38 23.08 Stand -By Pay 39 Employees holding a position within Section "D" of Article 3.07 - Position Categories Schedule - Winter Operations 39 23.09 Stand -By Pay 39 All other Employees excluding those holding a position within Section "D" of Article 3.07 - Position Categories Schedule 39 23.10 Shift Premiums 40 23.11 Equipment Premiums 40 ARTICLE 24 — BENEFITS 41 24.01 Benefits 41 a) Life insurance 41 b) Accidental Death & Dismemberment 41 c) Long -Term Disability 41 d) Weekly Indemnity (Short Term Disability) 41 e) Prescription Drugs 41 f) Dental Insurance Benefit 41 g) Chiropractic, Massage & Physiotherapy Therapy Benefits 42 h) Mental Health Practitioners 42 Collective Agreement 2023-2025 Page 3 of 52 Township of Oro-Medonte and CUPE Local 2380-04 i) Comprehensive Travel Benefits 42 24.02 Retiree Benefits 42 24.03 Pension 43 24.04 Employee Assistance Program 43 24.05 Vision Care benefits 43 24.06 Critical Illness Benefit 43 ARTICLE 25 — TRAINING AND DEVELOPMENT 44 ARTICLE 26 — HEALTH AND SAFETY COMMITTEE 44 ARTICLE 27 — BULLETIN BOARD 44 ARTICLE 28 — ALTERATION OR AMENDMENT 44 ARTICLE 29 — AMALGAMATION OR MERGER 45 ARTICLE 30 — JOB SECURITY 45 ARTICLE 31 — RETROACTIVITY 45 ARTICLE 32 — TERM OF AGREEMENT 45 WAGE/SALARY SCHEDULE - effective January 01, 2023 47 WAGE/SALARY SCHEDULE - effective January 01, 2024 48 WAGE/SALARY SCHEDULE - effective January 01, 2025 49 NOTES APPLICABLE TO WAGE/SALARY SCHEDULE 50 LETTER OF UNDERSTANDING — Benefits 51 LETTER OF UNDERSTANDING — Hours of Work — Feasibility Study 52 Collective Agreement 2023-2025 Page 4 of 52 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, and it's legal representative, are 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" "Employer" shall be defined as the Corporation of the Township of Oro-Medonte 3.02 "Days" "Days" shall mean working days, Monday to Friday, 8:30 am to 4:30 pm unless otherwise specified. 3.03 "Days/Hours" "Days/hours" credits shall be defined as for the purposes of the calculation of Public Holiday, vacation and sick pay/leave • 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. Collective Agreement 2023-2025 Page 5 of 52 Township of Oro-Medonte and CUPE Local 2380-04 3.04 "Employee" or "Employees" The word "employee" or "employees" whenever used in the Agreement, shall mean only the employees in the bargaining unit defined herein. 3.05 Gender Neutrality" Wherever the language of this Agreement shall either read "the employee or they/them", to ensure gender neutral references. 3.06 "Full-time Employee" A "Full-time Employee" is one who is employed by the Employer, that has successfully completed their "probationary period" and who is not a "Temporary Employee" as defined in Article 3.12. 3.07 Position Cateaories Schedule POSITION CATEGORIES SCHEDULE A Finance & Procurement Analyst Tax & Revenue Analyst Senior Revenue Clerk Records Clerk Accounts Payable Clerk Operations & Community Services Assistant - Recreation Operations & Community Services Assistant - Transportation Fire & Emergency Services Assistant Municipal Law Assistant Development Services Assistant Environmental Services Assistant Customer Service Representative Septic/Building Assistant Revenue Clerk Clerk's Services Assistant C Plans Examiner/Building Inspector Environmental Services Technician Septic Plans Examiner/Inspector Permit Coordinator/Junior Plans Examiner Municipal Law Enforcement Officer B Intermediate Planner Planner IT Technician Environmental Services Analyst GIS Analyst Zoning Coordinator Website Information Coordinator IT Help Desk Technician D Fleet & Heavy Equipment Technician AZ Equipment Operator Equipment Operator Operations Labourer Collective Agreement 2023-2025 Page 6 of 52 Township of Oro-Medonte and CUPE Local 2380-04 POSITION CATEGORIES SCHEDULE Continued C D Facility Maintenance Technician Parks & Facilities Operator Facility Maintenance/Custodian Seasonal Municipal Law Enforcement Officer Parks & Facilities Labourer The Employer in consultation with the Unit Chair shall add positions within the Position Categories Schedule. 3.08 "Probationary Period" 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 their probation prorated accordingly to account for time already worked within the same position. 3.09 Qualifications" Qualifications" shall include education, certifications, licenses and/or designations where applicable. 3.10 "Unit Chair" The "Unit Chair" shall be a Full-time Bargaining Unit employee employed by the Township of Oro-Medonte and recognized within this Collective Agreement. 3.11 "Steward" "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. 3.12 "Temporary Employees" "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. Collective Agreement 2023-2025 Page 7 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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 the equivalent of three (3) sick days in hours and Article 24.04 — Employee Assistance Program. 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 the equivalent of three (3) sick days in hours and Article 24.04 — Employee Assistance Program. 3.13 "Temporary Employees" Exclusions 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 9 Article 11 Article 12.01 — 12.03 Article 13.01 — 13.07 Article 15 Article 16.06 Article 17.02 & 17.04 Article 19 Article 20 Article 22 Article 23.03 Article 23.04 Article 24 Article 29 Article 30 Representation Grievance Procedure Discipline and Discharge Seniority Layoff and Recall Flex Time Overtime in Lieu Vacations Sick Leave Leaves — except for 22.04 Clothing & Boot Allowance Temporary Transfers Benefits Amalgamation or Merger Job Security Or whereas otherwise specified. Collective Agreement 2023-2025 Page 8 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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; 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. Collective Agreement 2023-2025 Page 9 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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 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 their 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 Chair of the Union local. The employer shall provide the following documents to the Unit Chair and the Recording Secretary of the Union local via email: a) Seniority List b) Job Postings c) Appointment Announcements (within 5 days of commencement of employment) Collective Agreement 2023-2025 Page 10 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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 Neaotiatina Committee The Employer shall recognize a Negotiating Committee composed of not more than three (3) employees selected by the Union, to include the Unit Chair and one (1) employee from Schedule - "A" or "B" of the Position Categories Schedule as defined in Article 3.07 and one (1) employee from Schedule - "C" or "D" of the Position Categories Schedule as defined in Article 3.07. 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. 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 Chair. Subject to the following considerations, a Steward shall assist any bargaining unit member in preparing and presenting their 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 their 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. Collective Agreement 2023-2025 Page 11 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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, they will not leave their work without first obtaining the permission of their immediate supervisor. Permission shall not be unreasonably withheld. In requesting such permission, the Steward shall state their destination to their immediate supervisor and report again to them at the time of their return to work. In accordance with this understanding, if the Steward deals with grievances during their regular hours of work they shall only be paid for a reasonable amount of time so spent. What is reasonable is to be determined by the immediate supervisor. ARTICLE 10 — NO STRIKE, NO LOCKOUT 10.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. ARTICLE 11 — GRIEVANCE PROCEDURE 11.01 A grievance is a difference between the parties relating to the interpretation, application, administration, or alleged violation of the Collective Agreement. 11.02 The parties agree that it is of utmost importance that grievances be addressed as quickly as possible. 11.03 No employee shall have a grievance until the employee has given their immediate supervisor an opportunity to resolve the complaint. 11.04 If an employee has a complaint, the employee shall discuss it with their immediate supervisor within five (5) working days of the occurrence, or origin of the circumstances giving rise to the complaint, in order to afford their supervisor an opportunity to resolve the complaint. The employee and their 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 Unit Chair or Steward is present. 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. Collective Agreement 2023-2025 Page 12 of 52 Township of Oro-Medonte and CUPE Local 2380-04 11.06 When the Chief Administrative Officer or Designate receives the grievance, they 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 their 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 Unit Chair or Steward. Upon mutual agreement of the parties the griever 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, of the receipt of the written response from the Chief Administrative Officer as specified in Article 11.06, or such longer period as may be mutually agreed upon to accommodate the parties, such agreement shall not be unreasonably denied. 11.08 By mutual agreement the parties may submit a grievance to mediation in an effort to find a satisfactory settlement before arbitration. The process is without prejudice and only a final agreement duly executed by both parties is binding. The parties reserve the right to proceed to Arbitration prior to executing a final agreement if a satisfactory resolution is not reached. Should the parties move forward with mediation the timeline to forward the matter to Arbitration will be extended. A mediator shall be selected through mutual agreement of both parties. 11.09 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. Collective Agreement 2023-2025 Page 13 of 52 Township of Oro-Medonte and CUPE Local 2380-04 11.10 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. 11.11 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. 11.12 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. 11.13 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. 11.14 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. 11.15 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 their Designate, and handed to the Unit Chair of the Local within ten (10) working days of the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement, a meeting will be held with the Union and the National Representative, and the Union shall give its written reply to the grievance within ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within fourteen (14) working days of the date the Employer received the Union's reply. 11.16 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 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 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. 11.17 The Unit Chair and a Steward shall not suffer a loss of pay or benefits when meeting with the Employer at grievance meetings. Collective Agreement 2023-2025 Page 14 of 52 Township of Oro-Medonte and CUPE Local 2380-04 11.18 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 their Steward or Union Representative, if so requested by the employee. Such employee shall be advised promptly in writing by Human Resources or Supervisor of the reason for such discipline or discharge. 12.04 Personnel Files An employee is entitled to review their personnel file in the presence of Human Resources. The employee must provide Human Resources at a mutually convenient time. Subject to clause (b) below, an employee shall not alter, destroy or remove any documents or page(s) contained in their personnel file, but has the right to: a) review their personnel file; b) initial any documents therein (such initials shall not alter or reduce legibility of document(s)); c) receive a copy of any document therein; and, d) respond in writing to any document contained therein. Collective Agreement 2023-2025 Page 15 of 52 Township of Oro-Medonte and CUPE Local 2380-04 12.05 Disciplinary Records The record of any disciplinary action shall not be referred to or used against an employee at any time after eighteen (18) months of uninterrupted continuous service without leaves of more than 30 consecutive days excluding vacation time following the occurrence of the action that led to the discipline, provided no other disciplinary action has been taken against that employee within that eighteen (18) month timeframe. Where an employee has been on leave for a period of 30 consecutive days or longer, the duration of the leave shall not be included in the determination of the eighteen (18) month timeframe which will be extended accordingly. In situations where there is more than one (1) action that led to the discipline, the occurrence date would be considered the most recent action having taken place. An employee may request the removal of disciplinary records from their personnel file provided there has been no other discipline and that eighteen (18) months of uninterrupted continuous service without leaves of more than 30 consecutive days excluding vacation time has passed. ARTICLE 13 — SENIORITY 13.01 Seniority 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; Collective Agreement 2023-2025 Page 16 of 52 Township of Oro-Medonte and CUPE Local 2380-04 c) is discharged for just cause and is not subsequently reinstated through the grievance or arbitration procedures in this agreement; d) is off work due to layoff for a period of twelve (12) months; e) is absent without leave for three (3) consecutive working days during which time the employee has failed to contact their 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 their 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. Notwithstanding clauses (c) through (h) above, the employee shall have the right to rescind their resignation within twenty-four (24) hours. 13.04 Transfer Outside of the Baraainina 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 the employee shall retain their seniority for a period of up to 18 consecutive months. 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 Seniority — Temporary Employees a) If a temporary employee works thirteen (13) consecutive months they will be deemed to be a full-time employee, and shall be placed on the seniority list with a service date of their 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 3.12 (b) are excluded from this Article. Collective Agreement 2023-2025 Page 17 of 52 Township of Oro-Medonte and CUPE Local 2380-04 c) Where there is a mutual agreement as outlined in Article 3.12 (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. 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 their 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 Licenses and Certifications An employee, who is required to hold a valid license and/or certification as a bona fide occupational requirement to perform all or part of their 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 and provide notice of such position by way of a digital format for a period of ten (10) 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 ten (10) 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; Collective Agreement 2023-2025 Page 18 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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. 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 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 they were posted, the employee shall be returned to their 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 their 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: a) the employee exercising the right to bump must have the qualifications and ability to perform the job satisfactorily at the Employers sole discretion; Collective Agreement 2023-2025 Page 19 of 52 Township of Oro-Medonte and CUPE Local 2380-04 b) the employee exercising the right to bump must have more seniority than the employee they are 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 their 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. 15.07 If the Employer issues a layoff notice to an employee, the employee and the Unit Chair shall be given the opportunity to meet with the Employer to discuss the bumping options available to the employee within 72 business hours of the layoff notice issuance. The Employer shall notify permanent and probationary employees who are to be laid off from the Corporation at least fifteen (15) working days before the layoff is to be effective. If the employee laid off has not had the opportunity to work fifteen (15) full days after notice of layoff, the employee shall be paid in lieu of work for that part of fifteen (15) days during which work was not made available. If a greater period of notice is required by legislation, such greater period of notice or pay in lieu shall be given. ARTICLE 16 — HOURS OF WORK 16.01 The scheduling of work is within the discretion of the Employer. The Employer shall provide ten (10) working 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. Collective Agreement 2023-2025 Page 20 of 52 Township of Oro-Medonte and CUPE Local 2380-04 16.02 Position Categories Schedule - Section "A" — Article 3.07 Employees holding a position within section "A" of Article 3.07 - Position Categories Schedule shall work seven (7) consecutive hours per day, thirty-five (35) hours per week Monday to Friday. 16.03 Position Categories Schedule - Section "B" — Article 3.07 Employees holding a position within section "B" of Article 3.07 - Position Categories Schedule shall work 35 hours per week. Their normal working hours shall be as outlined in 16.02 however, it is agreed that with ten (10) working days notice as per Article 16.01 their hours may be shifted due to planned meetings or scheduled server maintenance. 16.04 Position Categories Schedule - Section "C" — Article 3.07 Employees holding a position within section "C" of Article 3.07 - Position Categories Schedule 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 event an employee is late or is unable to come into work due to illness, where the nature of an employee's work, requires another employee to relieve them from their duties prior to them departing their workplace going home the employee on duty will remain at work, until relieved up to a maximum of four (4) hours and shall be paid for actual hours worked at time and one half their regular rate of pay. 16.05 Position Categories Schedule - Section "D" — Article 3.07 Employees holding a position within section "D" of Article 3.07 - Position Categories Schedule - hours of work shall be as follows: 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 may be 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 2023-2025 Page 21 of 52 Township of Oro-Medonte and CUPE Local 2380-04 16.06 Flex Time Full-time Employees holding a position within section "A" and "B" of Article 3.07 - Position Categories Schedule are eligible to participate in Flex Time. Participation is subject to the following terms and conditions: Subject to approval, Employee's may accumulate 30 minutes of their lunch breaks to be utilized as Flexible Hours, with 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 — Overtime. 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 Option 2 Option 3 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. Work 7 — 30 minute lunch breaks to accumulate 3 1/2 hours • On the day that the flexible hours will be utilized, the employee may choose to either take the 1/2 day off or utilize a 1/2 vacation day to have a full day off. Work 14— 30 minute lunch breaks to accumulate 7 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 Employer's sole discretion. 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. Collective Agreement 2023-2025 Page 22 of 52 Township of Oro-Medonte and CUPE Local 2380-04 16.07 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) Employees shall maintain Hours of Service logs for work performed for the Township, on a daily basis in the manner as directed by the Employer. Such employee approaching the maximum Hours of Service who at the Township's sole discretion will require a mandatory time off as prescribed in Ontario Regulation 555/06 Hours of Service as amended and the mandatory time off cannot be accommodated due to their regularly scheduled hours, they shall be sent home during the reset period only and shall be removed from on call until they have met the required time off. The manner in which the rest period is scheduled is at the Employers sole discretion. Employees are not required to use time accrued as set out in this agreement for reset hours as required for work performed for the Township. The Employee shall not suffer a Toss of pay to their regular base hours due to the reset requirements for work performed for the Township. Where an Hours of Service exemption is declared this section does not apply. c) 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. Collective Agreement 2023-2025 Page 23 of 52 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 17 — OVERTIME 17.01 Overtime 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 — Hours of Work. 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. 17.03 When an employee is required to work overtime, and works the overtime, and the employee elects to be paid for said hours of overtime worked, any hours in excess of thirty five (35) hours for employees listed in Column "A" and "B" of Article 3.07 - Position Categories Schedule and forty (40) hours per week for employees listed in Column "C" and "D" of Article 3.07 - Position Categories Schedule 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 Time off in Lieu of Overtime When an employee is required to work overtime, and prefers to receive time in lieu of receiving overtime pay, any hours in excess thirty five (35) hours for employees listed in Column "A" and "B" of Article 3.07 - Position Categories Schedule and forty (40) hours per week for employees listed in Column "C" & "D" of Article 3.07 - Position Categories Schedule 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. An employee may choose to receive time off in lieu of overtime pay at the appropriate rate, indicating their choice on their timecard. Time off in lieu of overtime shall be taken at a time mutually agreed upon between the employee and their supervisor. There shall be permitted a maximum accumulation of forty two (42) hours for employees listed in Column "A" and "B" of Article 3.07 - Position Categories Schedule and forty eight (48) hours per week for employees listed in Column "C" & "D" of Article 3.07 - Position Categories Schedule 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 their 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. In all circumstances, vacation time excluding permitted carry over maximums as defined in Article 19.09, must be utilized prior to the utilization of accumulated overtime. Collective Agreement 2023-2025 Page 24 of 52 Township of Oro-Medonte and CUPE Local 2380-04 17.05 Minimum Call Out An employee who is called into work outside their 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 their regular rate of pay. An employee who is called into work outside their regular hours who is entitled to Stand -By pay shall be paid for a minimum of two (2) hours at time and one-half their 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 their 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 their regular rate of pay 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 shall be supplied with a meal allowance of fifteen dollars ($15.00). A meal allowance shall not be paid if a meal is supplied. ARTICLE 18 — PUBLIC HOLIDAYS 18.01 Public Holidays 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 • Truth and Reconciliation • Thanksgiving Day • Remembrance Day • '/2 Day before Christmas Day • Christmas Day Collective Agreement 2023-2025 Page 25 of 52 Township of Oro-Medonte and CUPE Local 2380-04 • Boxing Day • 1/2 Day before New Year's Day and any other day that is subsequently proclaimed a public holiday by the Federal or Provincial Government. 18.02 Substitute Dav 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 Dav-A-Week Operations The holiday shall be recognized on the date that the holiday actually falls and shall not be substituted. 18.04 Shifts Extendina 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 is Family Day). 18.05 Eligibility for Paid Holiday An employee shall not be eligible for holiday pay unless they work their last regularly scheduled shift before the holiday and their 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 their 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, the employee 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 Vacation Entitlement All employees are entitled to vacation time in accordance with their length of service from their 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: Collective Agreement 2023-2025 Page 26 of 52 Township of Oro-Medonte and CUPE Local 2380-04 CONTINUOUS VACATION VACATION VACATION SERVICE ENTITLEMENT ENTITLEMENT IN ENTITLEMENT IN HOURS — 35 HOURS — 40 HOUR WORK HOUR WORK WEEK WEEK 1 Year 3 Weeks 105 Hours 120 Hours 7 Years 4 Weeks 140 Hours 160 Hours 13 Years 5 Weeks 175 Hours 200 Hours 15 Years 5 Weeks + 1 Day 182 Hours 208 Hours 16 Years 5 Weeks + 2 Days 189 Hours 216 Hours 17 Years 5 Weeks + 3 Days 196 Hours 224 Hours 18 Years 5 Weeks + 4 Days 203 Hours 232 Hours 19 Years 6 Weeks 210 Hours 240 Hours 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. 19.02 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 1 Year 7 Years 13 Years 15 Years 16 Years 17 Years 18 Years 19 Years VACATION PAY 6.0 % 8.0 % 10.0 10.4 % 10.8 11.2 11.6 12.0 % An employee taking an approved leave of absence as described in Article 19.03 shall be granted vacation pay January 1st of the next calendar year. For example: Sally has completed 7 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. 19.03 Vacation Proration 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 Collective Agreement 2023-2025 Page 27 of 52 Township of Oro-Medonte and CUPE Local 2380-04 period and the end of the calendar year. Such prorated vacation time will be with pay. 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. Should the final pay not be enough to fully reimburse the necessary funds, the Employee will provide payment to the Employer within thirty (30) days. An employee's vacation time entitlement shall be reduced on a pro 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 19.01 on January 1st of the next calendar year. 19.04 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 Tess than full week increments. Applications for vacation periods shall be scheduled for a minimum of one (1) hour with thirty (30) minute increments thereafter. Requests for Tess than (1) hour will automatically be denied. 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 Collective Agreement 2023-2025 Page 28 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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) In all circumstances vacation time excluding permitted carry over maximums as defined in Article 19.09, must be utilized prior to the utilization of accumulated overtime. e) No vacation request will be unreasonably denied. 19.05 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. 19.06 Compensation for Holidays Falling Within Vacation Schedule If a paid holiday falls or is observed during an employee's vacation period, they 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. 19.07 Maximum Vacation Carry Over Employees may carry over a maximum of five (5) days' vacation from one year to the next. 19.08 Vacation Carrv-Over — Leaves 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 their provision. Collective Agreement 2023-2025 Page 29 of 52 Township of Oro-Medonte and CUPE Local 2380-04 19.09 Vacation Upon Termination An employee severing their 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. 19.10 In the event of the death of an employee, their 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. 19.11 Vacation — Payout 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. ARTICLE 20 — SICK LEAVE 20.01 Sick Leave 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 3.12 b) and c) with a minimum contract duration of twelve (12) months shall be entitled to the equivalent of three (3) sick days in hours per work term. Employees serving a probationary period are not entitled to sick leave with pay. 20.02 Sick Leave Allocation Eligible employees shall be allocated forty-nine (49) hours sick time for employees listed in Column A & B of Article 3.07 - Position Categories Schedule and fifty six (56) hours sick time for employees listed in Column C & D of Article 3.07 - Position Categories Schedule per year on January 1st of each year; such sick hours will be accumulated automatically to a maximum of 70 or 80 hours respectfully. 20.03 Sick Leave Proration A new employee who has completed their probationary period shall be entitled to sick leave at a rate of three and one half (3.5)/four (4) hours respectively per month from the date of hire. An employee's sick day entitlement shall be reduced on a pro 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 sick days shall occur in a manner consistent with the Employment Standards Act, 2000. Collective Agreement 2023-2025 Page 30 of 52 Township of Oro-Medonte and CUPE Local 2380-04 20.04 Sick Leave Utilization Where no one at home, other than the employee can provide for the needs of an immediate member of their "Immediate family" (as defined in 22.01(b)) during illness, an employee shall be entitled, after notifying their supervisor, to use up to a total of twenty-one (21)/twenty four (24) sick leave hours, from their annual sick leave entitlement 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 a 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. Sick leave shall be granted for a minimum of thirty (30) minutes, with fifteen (15) minute increments thereafter. Requests for less than thirty (30) minutes will automatically be denied. 20.05 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 the equivalent of three (3) days in hours absence due to sickness. 20.06 In all cases of absence of the equivalent of three (3) days or more in hours, or upon returning to work from the absence of the equivalent of three (3) days or more in hours, the employee may be required to request from their physician 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 their 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 equivalent of three (3) days in hours 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. 20.07 Short Term Disability Top UP Reserve Eligible employees may carry over sick time hours in excess to those noted above for the purposes of creating a non -monetary Short -Term Disability Top Up Reserve (STD Top Up Reserve) such hours will automatically be transferred at year end. The STD Top Up Reserve is for the sole purpose of topping up approved Short Term disability payments an employee may receive only. The Collective Agreement 2023-2025 Page 31 of 52 Township of Oro-Medonte and CUPE Local 2380-04 STD Top Up is calculated at a rate of 25% of their pre -disability basic earnings, utilizing equivalent sick hours available from the Employee's STD Top Up Reserve. Any hours held in the STD Top Up Reserve may not be used for any other purposes and has no monetary value upon termination or retirement. Eligible employees listed in Column A & B of Article 3.07 - Position Categories Schedule may accumulate up to one hundred and forty nine (149) unused sick hours, and eligible employees listed in Column C & D of Article 3.07 - Position Categories Schedule may accumulate up to one hundred and seventy (170) unused sick hours in their non -monetary STD Top Up Reserve. ARTICLE 21 — ATTENDANCE 21.01 The Employer is entitled to regular attendance on the part of its employees. 21.02 If an employee is unable to attend at work as scheduled, they are required to notify their 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 their 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. 21.03 Unpaid 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 their 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 - Collective Agreement 2023-2025 Page 32 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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 to an employee for the purpose of attending the funeral or celebration of life of someone other than a member of the employee's immediate family. d) The Employer may, in it's sole discretion, grant an employee additional days off for the purpose of attending a funeral outside the Province of Ontario. 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 their regular wage in respect of such leave. Any payment the employee 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 their selection for jury service, or in the event they have 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 Union Leave Upon written application to Human Resources submitted at least fourteen (14) working 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. 22.04 Job Protected Leave(s) of Absence The Employer shall abide by the legislated requirements for Job Protected Unpaid Leaves of Absence in accordance with the Employment Standards Act, 2000 (Ontario) as amended. Collective Agreement 2023-2025 Page 33 of 52 Township of Oro-Medonte and CUPE Local 2380-04 22.05 Pregnancv. 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 (El) 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 their regular hourly rate on their last day worked prior to the commencement of the leave multiplied by their 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 they are in receipt of Employment Insurance pregnancy/parental benefits, and shall continue while the employee is in receipt of El pregnancy benefits for a maximum period of twenty (20) weeks or the employee's leave ends, whichever is sooner. 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 they intend to commence their leave of absence, unless impossible. c) An employee who intends to resume their employment on the expiration of the leave of absence granted to them under this article shall so advise the Employer at least four (4) weeks in advance of their intention to do so. Where requested by the Employer, the employee shall provide a medical certificate confirming that they are capable of returning to work. Collective Agreement 2023-2025 Page 34 of 52 Township of Oro-Medonte and CUPE Local 2380-04 d) Parental Leave The Employer will abide by the requirement as set out in legislative requirements. For greater certainty, Article 22.05 (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. e) "SUB" Benefit Maximum The "SUB" Benefit maximum period shall be twenty (20) weeks in combination between Pregnancy and Parental Leaves. No employee shall receive more than twenty (20) weeks "SUB" Benefit. 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 their personal automobile for Employer business, an automobile allowance in accordance with the rate established from time to time by the Employer. 23.03 Clothing and Boot Allowance a) Employees holding a position within section "C" and "D" of Article 3.07 - Position Categories Schedule except for employees identified in Article 23.03 c) 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 at all times as a condition of employment. Employees included 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. Collective Agreement 2023-2025 Page 35 of 52 Township of Oro-Medonte and CUPE Local 2380-04 Effective January 1, 2024 seven hundred dollars ($700) for each remaining 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. 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 holding a position within section "A" and "B" of Article 3.07 - Position Categories Schedule shall be provided a maximum allocation of two hundred and fifty ($250) dollars per year of the Collective Agreement to select Employer approved apparel. Effective January 1, 2024 three hundred dollars ($300) for each remaining year of the Collective Agreement. Employees may choose annually from an Employer produced catalogue only. Employees shall be reimbursed a maximum of two hundred ($200) dollars every twenty-four (24) months upon production of a receipt for the purchase of safety footwear where required for the bona fide occupational requirements of their position or as deemed necessary at the Employer's sole discretion. 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. The Employee shall adhere to the Township of Oro-Medonte's Corporate Attire Policy. 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 — annually 1 winter coat — every two years The selection of uniform clothing shall be at the Employers sole discretion. Municipal Law Enforcement Officers shall be required to wear their provided uniform clothing during the performance of their duties at all times as a condition of employment. Collective Agreement 2023-2025 Page 36 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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 six (6) 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. 23.04 Temporary Transfers/Assignment 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. When an employee, at the request of the Employer, is temporarily assigned to a position paying a lower rate, their rate shall not be reduced. 23.05 Supervisors Assistant Employees whom, at the request of the Employer performs the role of "Supervisors Assistant", for a minimum of 4 or 5 hours based on either an 8 or 10 hour shift, shall be entitled to receive four ($4) dollars per hour in addition to their regular rate of pay for all hours worked in this role. The Employer in their sole discretion will determine the Employees eligibility for the role assignment. Employees assigned to the role of "Supervisors Assistant" shall not assign themselves an additional shift, call out (Article 17.05) and/or overtime, without first offering to eligible employees within their division. Collective Agreement 2023-2025 Page 37 of 52 Township of Oro-Medonte and CUPE Local 2380-04 23.06 Payroll Advances The Employer shall endeavor 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-Bv Pav Employees holding a position within Section "D" of Article 3.07 - Position Categories Schedule - Second (2nd) 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 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 thirty dollars ($30) per weekday, forty dollars ($40) per day on weekends and public holidays (as outlined in Article 18.01). Weekdays and weekends are based on calendar days/weeks regardless of shift scheduling. Collective Agreement 2023-2025 Page 38 of 52 Township of Oro-Medonte and CUPE Local 2380-04 23.08 Stand -By Pav Employees holdina a position within Section "D" of Article 3.07 - Position Categories Schedule - 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 forty dollars ($40) 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. Weekdays and weekends are based on calendar days/weeks regardless of shift scheduling. 23.09 Stand -By Pav All other Employees excludina those holdina a position within Section "D" of Article 3.07 - Position Cateaories Schedule Employees excluding those as specified 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 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: a) Employees are expected to remain within proximity (approximately 30 kilometers) of the Township border; b) Employees must carry the cell phone with them at all times; Collective Agreement 2023-2025 Page 39 of 52 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 thirty dollars ($30) per weekday, forty dollars ($40) per day on weekends and public holidays (as outlined in Article 18.01). Weekdays and weekends are based on calendar days/weeks regardless of shift scheduling. 23.10 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, shall receive a shift premium of: One Dollar and fifty cents ($1.50) per hour, in addition to their 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. 23.11 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. 23.12 Premiums applicable in Article 23 shall not be added to the hourly rate for the purposes of overtime calculations. 23.13 The Employer will commit to maintain a minimum of two (2) AZ Equipment Operators. Collective Agreement 2023-2025 Page 40 of 52 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 24 — BENEFITS 24.01 Benefits a) Life insurance Life Insurance benefit of two times (2x) times the Employee's annual basic earnings to a maximum of $400,000 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. Life insurance benefit coverage. All Life insurance benefits coverage terminates at age 70. b) Accidental Death & Dismemberment Accidental death and dismemberment, where the level of benefit is dependent upon type of loss, but in no case exceeding two times (2x) times the Employee's annual basic earnings, or $100,000 whichever is less to age 65; c) Lona-Term Disability Long-term disability insurance benefit of seventy-five percent (75%) of the Employee's monthly basic earnings to a maximum of $10,000 per month to age 65 d) Weekly Indemnity (Short Term Disability). Weekly Indemnity (short-term disability) insurance benefit of seventy-five percent (75%) of the Employee's weekly basic earnings to a maximum of $2,500 per week until long term disability benefits are applicable for a maximum of seventeen (17) weeks or to age 70 whichever is sooner; e) Prescription Drugs f) 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". Dental Insurance Benefit Dental expense insurance benefit at O.D.A. suggested fee schedule minus two (2) years on a pay direct system; Effective January 1, 2024 O.D.A suggested fee schedule minus one (1) year on a pay direct system. Basic Services: 100% of eligible charges; no maximum Maior Services: 50% of eligible charges; $1,500 maximum per calendar year Orthodontic: 50% of eligible charges; lifetime maximum of $1,500 per year Collective Agreement 2023-2025 Page 41 of 52 Township of Oro-Medonte and CUPE Local 2380-04 g) Chiroaractic. Massaae & Physiotherapy Therapy Benefits • Chiropractic Treatments — five hundred ($500.00) yearly, no deductible • Physiotherapy Treatments - five hundred ($500.00) yearly, no deductible • Massage Therapy — seven hundred and fifty ($750.00) yearly, no deductible h) Mental Health Practitioners Psychologists, licensed social workers, licensed family therapists, or family therapists who are active members of a recognized provincial association, licensed psychotherapists, or psychotherapists who are active members of a recognized provincial association up to a combined maximum of seven hundred & fifty ($750) yearly. i) Comprehensive Travel Benefits Comprehensive Travel benefit for trips of 60 days or less. $3,000,000 lifetime maximums. j) The responsibility rests solely with the Employee to complete all eligibility requirements of the carriers of benefits under this Collective Agreement. k) 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. I) 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. m) All Health and Dental benefits coverage terminates at age 70 24.02 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. Collective Agreement 2023-2025 Page 42 of 52 Township of Oro-Medonte and CUPE Local 2380-04 24.03 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. 24.04 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. 24.05 Vision Care benefits Vision Care benefits consisting of: • Effective date of ratification - two hundred dollars ($200) per family member and • Effective January 1, 2024 two hundred and twenty five dollars ($225) per family member and • Effective January 1, 2025 two hundred and fifty ($250) dollars per family member • Up to one hundred dollars ($100) for an eye examination per twenty-four (24) month period per employee and each dependent not covered by OHIP. 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. Collective Agreement 2023-2025 Page 43 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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. 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 For the purposes of posting Union notices and other lawful activities of trade Unions, the employer shall provide the Union with a bulletin board space at the following locations: Old Town Hall, North Yard, South Yard, Arena, Administration Building and Fire Head Quarters. A copy of all such notices shall be provided to Human Resources when posted. 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. Collective Agreement 2023-2025 Page 44 of 52 Township of Oro-Medonte and CUPE Local 2380-04 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. 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 unless otherwise noted. 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. ARTICLE 32 — TERM OF AGREEMENT 32.01 This Agreement is effective from January 1, 2023 to December 31, 2025. 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. Collective Agreement 2023-2025 Page 45 of 52 Township of Oro-Medonte and CUPE Local 2380-04 ARTICLE 32 — TERM OF AGREEMENT 32.01 This Agreement is effective from January 1, 2023 to December 31, 2025. 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 14th day of June, 2023 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR (R. Greenlaw) CLE(Yvonne Aubichon) CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380-04 Tere-• Falconi — Unit Chair 1'V" "Revin McNaughton JTaStrangemore 5224-4-4cott Blackhall — National Representative Collective Agreement 2019-2022 Page 46 of 52 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2023 Note: all wage increases become effective in the first pay period after the date which is noted. BAND POSITION STEP STEP STEP STEP STEP 1 2 3 4 5 8 Intermediate Planner Environmental Services Analyst Environmental Services Technician Finance & Procurement Analyst Fleet & Heavy Equipment Technician 7 GIS Analyst IT Technician Planner Plans Examiner/Building Inspector Septic Plans Examiner/Inspector Accounts Payable Clerk 6 Municipal Law Enforcement Officer Permit Coordinator/Jr Plans Examiner Tax & Revenue Analyst AZ Equipment Operator 5 Facility Maintenance Technician Website Information Coordinator Zoning Coordinator Equipment Operator IT Help Desk Technician 4 Parks & Facilities Operator Records Clerk Senior Revenue Clerk Clerks Services Assistant Customer Service Representative Development Services Assistant Environmental Services Assistant Fire & Emergency Services Assistant 3 Municipal Law Assistant Operations & Community Services Assistant- Recreation Operations & Community Services Assistant - Transportation Revenue Clerk Septic/Building Assistant 2 Facility Maintenance/Custodian Seasonal Municipal Law Enforcement 1 Parks & Facilities Labourer Operations Labourer $ 38.01 $ 39.91 $ 41.84 $ 43.73 $ 45.67 $ 36.31 $ 38.13 $ 39.96 $ 41.81 $ 43.66 $ 29.07 $ 30.54 $ 32.01 $ 33.49 $ 34.95 $ 27.66 $ 29.04 $ 30.45 $ 31.82 $ 33.24 $ 25.13 $ 26.39 $ 27.67 $ 28.92 $ 30.19 $ 23.90 $ 25.11 $ 26.30 $ 27.51 $ 28.72 $ 22.74 $ 23.90 $ 25.03 $ 26.19 $ 27.33 $ 20.54 $ 21.60 $ 22.63 $ 23.67 $ 25.56 Collective Agreement 2023-2025 Page 47 of 52 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2024 Note: all wage increases become effective in the first pay period after the date which is noted. BAND POSITION STEP STEP STEP STEP STEP 1 2 3 4 5 8 Intermediate Planner Environmental Services Analyst Environmental Services Technician Finance & Procurement Analyst Fleet & Heavy Equipment Technician 7 GIS Analyst IT Technician Planner Plans Examiner/Building Inspector Septic Plans Examiner/Inspector Accounts Payable Clerk 6 Municipal Law Enforcement Officer Permit Coordinator/Jr Plans Examiner Tax & Revenue Analyst AZ Equipment Operator 5 Facility Maintenance Technician Website Information Coordinator Zoning Coordinator Equipment Operator IT Help Desk Technician 4 Parks & Facilities Operator Records Clerk Senior Revenue Clerk Clerks Services Assistant Customer Service Representative Development Services Assistant Environmental Services Assistant Fire & Emergency Services Assistant 3 Municipal Law Assistant Operations & Community Services Assistant - Recreation Operations & Community Services Assistant - Transportation Revenue Clerk Septic/Building Assistant 2 Facility Maintenance/Custodian Seasonal Municipal Law Enforcement 1 Parks & Facilities Labourer Operations Labourer $ 39.06 $ 41.01 $ 42.99 $ 44.93 $ 46.93 $ 37.31 $ 39.18 $ 41.06 $ 42.96 $ 44.86 $ 29.87 $ 31.38 $ 32.89 $ 34.41 $ 35.91 $ 28.42 $ 29.84 $ 31.29 $ 32.70 $ 34.15 $ 25.82 $ 27.12 $ 28.43 $ 29.72 $ 31.02 $ 24.56 $ 25.80 $ 27.02 $ 28.27 $ 29.51 $ 23.37 $ 24.56 $ 25.72 $ 26.91 $ 28.08 $ 21.10 $ 22.19 $ 23.25 $ 24.32 $ 26.26 Collective Agreement 2023-2025 Page 48 of 52 Township of Oro-Medonte and CUPE Local 2380-04 WAGE/SALARY SCHEDULE - effective January 01, 2025 Note: all wage increases become effective in the first pay period after the date which is noted. BAND POSITION STEP STEP STEP STEP STEP 1 2 3 4 5 8 Intermediate Planner Environmental Services Analyst Environmental Services Technician Finance & Procurement Analyst Fleet & Heavy Equipment Technician 7 GIS Analyst IT Technician Planner Plans Examiner/Building Inspector Septic Plans Examiner/Inspector Accounts Payable Clerk 6 Municipal Law Enforcement Officer Permit Coordinator/Jr Plans Examiner Tax & Revenue Analyst AZ Equipment Operator 5 Facility Maintenance Technician Website Information Coordinator Zoning Coordinator Equipment Operator IT Help Desk Technician 4 Parks & Facilities Operator Records Clerk Senior Revenue Clerk Clerks Services Assistant Customer Service Representative Development Services Assistant Environmental Services Assistant Fire & Emergency Services Assistant 3 Municipal Law Assistant Operations & Community Services Assistant - Recreation Operations & Community Services Assistant - Transportation Revenue Clerk Septic/Building Assistant 2 Facility Maintenance/Custodian Seasonal Municipal Law Enforcement 1 Parks & Facilities Labourer Operations Labourer $ 40.04 $ 42.04 $ 44.06 $ 46.05 $ 48.10 $ 38.24 $ 40.16 $ 42.09 $ 44.03 $ 45.98 $ 30.62 $ 32.16 $ 33.71 $ 35.27 $ 36.81 $ 29.13 $ 30.59 $ 32.07 $ 33.52 $ 35.00 $ 26.47 $ 27.80 $ 29.14 $ 30.46 $ 31.80 $ 25.17 $ 26.45 $ 27.70 $ 28.98 $ 30.25 $ 23.95 $ 25.17 $ 26.36 $ 27.58 $ 28.78 $ 21.63 $ 22.74 $ 23.83 $ 24.93 $ 26.92 Collective Agreement 2023-2025 Page 49 of 52 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 31 st, of each calendar year. Collective Agreement 2023-2025 Page 50 of 52 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 - Polic'r 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 14th day of June, 2023 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE C RK (Yvonne Aubichon) (R.-C_ MAYO Greenlaw CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380-04 eresa Falooni - Unit Chair Kevin McNaughton Ta nm Strangemore Scott Blackhall - National Representative Collective Agreement 2019-2022 Page 51 of 52 Township of Oro-Medonte and CUPE Local 2380-04 LETTER OF UNDERSTANDING — Hours of Work — Feasibility Study Between: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and THE CANADIAN UNION OF PUBLIC EMPLOYEES Hours of Work — Employees in Column "A" and "B" of Article 3.07 - Position, Categories Schedule The Employer commits to completing a feasibility review of a "Flexible Work Policy') to be completed prior to the year-end 2023. The Local Unit Chair shall have the opportunity to provide input into the feasibility review prior to its completion. DATED at the Township of Oro-Medonte this 14th day of June, 2023 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR (R. Greenlaw) CLEI4 (Yvonne Aubichon) CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2380-04 aZete—,fe,,) Ter sa Falconi/— Unit Chair Kevin McNaughton my Strangemore LA- 44 Scott Blackhall — National Representative Collective Agreement 2019-2022 Page 52 of 52