HomeMy WebLinkAboutBy-law 2014/85'THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2014/85
Being a by-law to authorize the execution of a
Collective Agreen~nt between the Corporation of
the Town of Pickering and the Town of Pickering
Professional Firefighters' Association (3anuary 1,
1985 - December 31, 1985)
WHEREAS, pursuant to the provisions of sections 5(1) and 7(1) of the Fire Department's
Act, R.S.O. 1980, chapter 164, the Council of the Corporation of the Town of Picketing
may enter into an agreement, in writing, with the Town of Pickering Professional
Firefighters' Association for the purpose of defining, determining and providing for
remuneration, pensions or working conditions of full-time Firefighters as defined in
that Act;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ~-IACTS
AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute a Collective Agreement, in
the form attached hereto as Schedule A, between the Corporation of the Town of
Pickering and the Town of Pickering Professional Firefighters' Association for
the purpose of defining, determining and providing for remuneration, pensions or
working conditions of full-time Firefighters, as defined by the Fire
Department's Act, R.S.O. 1980, chapter 164.
BY-LAW read a first, second and third time and finally passed this 6th day of May,
1985.
Clerk
THE CORPORATION OF THE TOWN OF PICKetING
BY-LAW NUMBER 2014/85
Being a by-law to authorize the execution of a
Collective Agreeraent between the Corporation of
the To%~ of Picketing and the Town of Picketing
Professional Firefighters' Association (January 1,
1985 - December 31, 1985)
WHEREAS, pursuant to the provisions of sections 5(1) and 7(1) of the Fire Department's
Act, R.S.O. 1980, chapter 164, the Council of the Corporation of the Town of Pickering
may enter into an agreement, in writing, with the Town of Picketing Professional
Firefighters' Association for the purpose of defining, determining and providing for
remuneration, pensions or working conditions of full-time Firefighters as defined in
that Act;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY E~CTS
AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Collective Agreement, in
the form attached hereto as Schedule A, between the Corporation of the Town of
Pickering and the Town of Pickering Professional Firefighters' Association for
the purpose of defining, determining and providing for re~nuneration, pensions or
working conditions of full-time Firefighters, as defined by the Fire
Departn~ent's Act, R.S.O. 1980, chapter 164.
BY-LAW read a first, second and third time and finally passed this 6th day of May,
1985.
Clerk
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SCHEDULE "A" TO BY-I~W NUMBER
THIS AGREEMENT made this 1st day of April, 1985.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART,
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PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
(hereinafter called the "Association ")
OF THE SECOND PART.
WHEREAS the Parties hereto wish to establish and maintain collective bar-
gaining relations between the Corporation, its Firefighters and Fire Dis-
patchers, and to provide machinery for the prompt and equitable disposition
of grievances, and to establish and maintain mutually satisfactory working
conditions, hours and wages for all Firefighters and Fire Dispatchers who
are subject to the provisions of this Agreement;
NOW THEREFORE, THIS AGREEMENT WITNESSETH:
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1.01
1.02
2.01
2.02
2,03
2.04
2.05
2.06
2.07
ARTICLE I - SCOPE OF AGREEMENT
In this Agreement, the term,
(a)
"Dispatcher" means a full-time Fire Dispatcher of the Town
of Picketing Fire Department~
(b)
~Firefighter~ means a full-time Firefighter of the Town of
Pickering Fire Department, and includes a Captain, Officer
and Inspector, but docs not include a Fire Chief or Depu-
ty Ghiefi and
(c) "Employee" means a Dispatcher or a Firefighter,
The provisions of this Agreement shall apply to all Employees in
the Department.
ARTICLE 2 - RECOGNITION
The Corporation retains the sole right to manage all services and
direct the working forces, including the right to hire, promote,
transfer, reprimand, penalize, suspend, discharge or demote its
Employees for just cause. A claim of discriminatory promotion,
demotion or transfer or a claim that any Employee has been dis-
charged, penalized or suspended without just cause shall be the
subject of a grievance and dealt with as provided in Articles 16
and 17.
The Association and the Employees recognize the right of the
Corporation to delegate its authority to a committee of the appro-
priate officials, to negotiate a renewal Agreement or to participate
in the resolution of grievances with Employees subject to the final
approval of any Agreement by the Corporation.
The Corporation recognizes the Association as the exclusive bar-
gaining agent for all Employees, and this Agreement sham be
regarded as being applicable to all such Employees.
All Employees while in uniform, whether on or off duty, shall be
governed by the rules and regulations of the Department as estab-
lished and published by the Fire Chief from time to time.
All Employees that are now members of the Association shall remain
members thereof and the new Employees of the Department shall
become members of the Association within the first thirty days of
their probationary period and will continue their membership in
good standing in the Association as a condition of continued em-
ployment.
The Association agrees to keep the Corporation advised of the
names of the Officers of the Executive and Bargaining Committee
upon their election or any change therein.
The Corporation and the Association agree that at no time will
discrimination be shown toward any Employee who is covered by
this Agreement. No strike or lock-out shall occur during the life
of this Agreement or any renewal thereof, and the Association
shall not participate in any sympathy strike in support of any
other organization.
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3.01
3.02
3.03
3.04
4.01
ARTICLE 3 - HOURS OF WORK
Dispatchers and Firefighters other than Fire Prevention' Officers,
Training Officers and Fire Inspectors shall be required to work a
forty-two hour week on the average, based on the two platoon
system, consisting of a ten hour day and a fourteen hour night.
Working Schedule
Forty-Two Hours Per Week
Mos. Tues. Wed. Thurs. Fri. Sat. Sun. Total
Days
1st Week 10 l0 10 l0 40
Nights
2nd Week 14 14 14 14 56
Days
3rd Week 10 10 10 30
Nights
4th Week 14 14 14 42
Nothing in the above schedule of hours of work shall prevent the
Fire Ghief granting the written request of,
(a) any two Firefighters to exchange shifts or days off; or
(b) any two Dispatchers to exchange shifts or days off.
Fire Prevention Officers, Training Officers and Fire Inspectors
shall work a system of hours to be determined and scheduled in
advance by the Fire Chief, provided, however, that the system
shall in no way impair the efficiency of the Department, and
provided that their hours of work shall not exceed those of other
employees,
ARTICLE 4 = VACATIONS
All Employees who have completed the years of seniority shown
below on June 30th in any year shall be entitled to the corre-
sponding vacation with pay:
Years of Service
Length of Vacation Wit,h Pay
Less than one year
One day for each complete month of
service to a total of two weeks
One year but less
than four years
Two weeks
Four years but less
than twelve years
Three weeks
Twelve years but less
than twenty years
Four weeks
Twenty years but less
than twenty-five
years
Five weeks
Twenty-five years
Six weeks
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4.02
4.05
4.04
4.05
4.06
5,01
5.02
5.03
Firefighters' vacation periods shall be drawn by seniority. One
Firefighter from each shift may take the same vacation period at
the same time. At the discretion of the Fire Chief, those
Firefighters who are entitled to more than two weeks vacation may
choose their entire allotment on a consecutive week basis if
desired. After each Firefighter has had the opportunity in turn
of making this choice, seniority shall again govern with respect to
those Firefighters entitled to additional vacation periods using the
above formula.
Dispatchers' vacation periods shall be drawn on a rotation basis as
agreed upon by the Fire Chief and the Association; final decision
will rest with the Fire Chief.
No vacation time shall be lost as a result of an occupational illness
or accident incurred in the performance of duty.
Vacation date requests shah be submitted to the Fire Chief on or
before February 1st of each year and the Vacation Schedule shall
be posted on or before February 15th of each year.
Vacations shall not be accumulative without the special permission
of the Town Manager. Only one vacation accumulation or extended
vacation will be permitted during each three year period.
ARTICLE 5 - STATUTORY HOLIDAYS
All Employees shall be entitled to twelve statutory holidays in each
year, plus any holiday declared by the Corporation in addition to
those listed in Article 5.02, or a proportionate amount in the event
of employment for less than the complete year.
The following are considered as statutory holidays:
New Year's Day
Good Friday
Easter Monday
Victoria Day
Dominion Day
Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
December 24th
Christmas Day
Boxing Day
Such statutory holidays shall be taken by Firefighters as follows:
(a) Four days' pay, and
(b)
Either eight days' pay or eight days off duty or any com-
bination thereof at the Firefighter"s option providing that
this option has been stated in writing prior to February
let in the year in which the statutory holidays occur.
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5.04
6.01
7.01
7.02
8.01
8.02
8.03
Such statutory holidays shall be taken by Dispatchers as follows:
(a) Eight days' pay, and
(b)
Either four days' pay or four days off duty or any com-
bination thereof at the Dispatcher's option, providing that
this option has been stated in writing prior to February
1st in the year in which the statutory holidays occur.
ARTICLE 6 - WORKER'S COMPENSATION
When an Employee is injured at work and in receipt of worker's
compenaation in lieu of his regular pay, the Corporation will make
up the difference between such compensation and his regular pay.
ARTICLE 7 - SICK LEAVE
Each Employee shall be entitled, upon completion of three month's
employment, to sick leave which shall accumulate at the rate of
1-1/2 days per month. The unused portion of an Employee's sick
leave will be accumulated and carried forward from one year to
another provided that, to qualify for sick leave with pay. an
Employee shall, when requested by the Corporation, produce
evidence of illness reasonably satisfactory to the Corporation,
An unbroken month of service shall be one where an Employee is
employed on all his working days in the month and is not absent
from hia duties other than on account of:
(a) accident or illness;
(b) leave of absence granted under Article Il;
(c) bereavement leave granted under Article 12.
ARTICLE 8 - HOSPITAL & MEDICAL COVERAGE
The Corporation shall pay 100% of the premium cost of the follow-
lng:
(a)
(b)
(c)
(d)
Ontario Health Insurance Plan;
Life Insurance to two and a half (2-1/2) times the annual
salary of the employee to the nearest $100.00 including an
accidental death and dismemberment provision;
Major Medical Plan including Prescription Drugs.
Long Term Disability Plan providin8 75% of salary under
Article 9 subject to a maximum of $3,000,00 per month.
The Corporation shall pay 75% of the premium cost of a Dental Plan
equivalent to the Blue Cross Plan Number 9, utilizing the 1983
O.D.A. Fee Schedule.
Each employee, as a condition of employment, will participate in
the Life Insurance Plan referred to in Article 8.01(b), above.
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9.01
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ARTICLE 9 - SALARIES
The following shall be the scale of salaries paid to Emplo)~ees:
Classification
1st Class Firefighter
2nd Class Firefighter
3rd Class Firefighter
4th Class Firefighter
Captain ~ Grade I
Captain - Grade II
Fire Prevention &
Training Officers
Fire Inspector - Grade I
Fire Inspector - Grade II
Dispatcher
- (First Six Months)
Dispatcher
- (After First Six Months)
Salary
$34,431.52
90% of 1st Class Firefighter
80% of 1st Class Firefighter
67.5% of 1st Class Firefighter
115% of 1st Class Firefighter
112% of 1st C]ass Firefighter
115% of 1st Class Firefighter
100% of 1st Class Firefighter
90% of 1st Class Firefighter
65% of 1st Class Firefighter
70% of 1st Class Firefighter
The Corporation shall withhold from the wages of all Employees all
monthly dues which have been properly levied against Association
members and win transmit same to the Treasurer of the Association
at such time or times in each year as shall be mutually agreed
upon by the Corporation and the Association,
9.03 (1) Overtime
9.04
9.05
Overtime pay will be paid quarterly at the rate of 1~1/2
times the normal hourly rate of pay.
(2) Callback
Any Employee who has completed a regular scheduled shift
and gone home, if called back in for extra service shall
receive 1-1/2 times his normal hourly rate of pay.
When an Employee is subpoenaed to court as a result of performing
his duties, he shall be paid straight time.
Statutory holidays and sick time payout upon severance or retire-
ment of an Employee shall be calculated at the rate of ]/182 of a
year's wages for their particular rank.
ARTICLE 10 - PROMOTIONS, SENIORITY & LAY-OFF
PROMOTIONS - FIREFIGHTERS
10.01 (1)
When a Firefighter is hired, he shall be on probation for a
period of twelve months.
(2) After serving the probationary period, each Firefighter
shall be reviewed by the Fire Chief with a view to ad-
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(4)
Thereafter, each Firefighter shall be reviewed, on the
anniversary of his previous advancement, with a view to
further advancement until he has reached the rank of 1st
Class Firefighter.
A Firefighter promoted to the position of Officer within the
Department shall serve a probationary period of six
months, In the event that a Firefighter promoted to the
position of Officer is not confirmed, he shall have the
right to return to his former rank. A Firefighter must
serve the rank of 1st Class for a period of two years
before being eligible for promotion to a higher rank.
PROMOTIONS - DISPATCHERS
10.02 When a Dispatcher is hired, he shall be on probation for a period
of 90 days.
10.03
Recommendations for all promotions of Dispatchers shall be based
upon seniority of years of service within the Department, together
with efficiency and due regard to skill, merit and ability. The
Fire Chief shall be the one to determine the efficiency of the
Dispatcher and make his recommendations to the Town Manager.
SENIORITY - FIREFIGHTERS & DISPATCHERS
10.04 (1)
In determining an Employee's length of service for seniori-
ty purposes, computation will begin on the date the Em-
ployee began work, Former Employees re-entering the
service after continuity of service has been broken by any
reason (Her Majesty's Service excepted) shall be con-
sidered new Employees, and seniority shall start as of the
date they re-enter service.
(z)
Seniority for a Dispatcher shall not be credited until the
completion of his probationary period; however, npon
completion thereof he shall be deemed to have acquired
seniority and shall be credited with seniority in accordance
with clause (1), above.
10.05
Seniority shall mean seniority of an Employee within his particular
employee group (i,e. Firefighters or Dispatchers).
10.06
A seniority list shall be posted by the Corporation in all fireballs
each year by January 15th.
LAY-OFF PROCEDURE - FIREFIGHTERS
10.07 (1)
In the event of a reduction in the Firefighter work force,
lay-off shall commence with the Firefigbter with the least
amount of seniority with the Firefighter group.
Firefighters so laid off shall retain, but shall not accrue,
their seniority while laid off. In the event of recall or
increase in the work force, positions will be filled in
reverse manner to the lay-off.
A Firefighter shall be deemed to have resigned if, after
lay-off,
(a)
he fails to acknowledge his availability to report to
work within five days (excluding Saturdays, Sun-
days and statutory holidays) after notice of recall
is issued by registered mail at the last known
address; or
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(b) he fails to report to work within ten days after
notice of recall is issued,
LAY-OFF PROCEDURE - DISPATCHERS
10.08 (1)
In the event of a reduction in the Dispatcher work force,
lay-off shall commence with the Dispatcher with the least
amount of total departmental seniority with the Dispatcher
group.
(z)
Dispatchers so laid off shall retain, but shall not accrue,
their seniority while laid off. In the event of recall or
increase in the work force, positions will be filled in
reverse manner to the lay-off.
(3)
A Dispatcher shall he deemed to have resigned if, after
lay-off,
(a)
he fails to acknowledge his availability to report to
work within five days (excluding Saturdays, Sun-
days and statutory holidays) after notice of recall
is issued by registered mail at the last known
address; or
(b) he fails to report to work within ten days after
notice of recall is issued.
11.01
ARTICLE 11 - LEAVE OF ABSENCE
The Corporation may grant leave of absence, without pay and
without loss of seniority or occupational classification, to any
Employee requesting such leave for a good and sufficient cause.
11,02
Subject to the approval of the Town Manager, the Fire Chief may
grant leave of absence with pay to an Employee upon any special
grounds, and the period of any such leave of absence shall be
charged against the Employee's sick leave credits.
11.03 All requests for leave of absence shall be in writing.
11.04
An Employee may only accumulate seniority during the first three
months of a granted leave of absence under any paragraph of this
Article.
11.05
When an Employee is subpoenaed as a Court witness, he shall not
suffer any loss of salary or wages while so serving, provided that
the Corporation shall be obliged to pay only the difference between
such Employee's compensation for his witness fee or conduct money
as a witness and the salary or wages which he would otherwise
have earned had he worked the regular working day involved.
11.06
Leave of absence without pay or loss of seniority for attendance at
Association functions will be granted to not more than two Employ-
ees for a maximum of six days in any year, providing a
replacement or replacements acceptable to the Fire Chief is or are
provided by the Association.
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12.01
12.02
13.01
13.02
13.03
13.04
ARTICLE 12 - BEREAVEMENT LEAVE
Where in the discretion of the Fire Chief or the Town Manager it
is justified, an Employee will be allowed up to three consecutive
days off with pay when a death occurs in his immediate family,
which shall mean father, mother, father-in-law, mother-in-law,
sister, brother, spouse, child or other relatives living with the
Employee.
An Employee shall be allowed one day off with pay when death
occurs of a sister-in-law, brother-in-law, grandparent, son-in-law,
daughter-in-law, or grandchild in order to attend the funeral and
such leave shall be charged against the sick leave of the Employ-
es.
(i)
ARTICLE 13 - PENSIONS & INSURANCE
The Corporation shall continue the present OMERS Pension
Plan which presently provides a Pension equal to Z% of the
Employee's annual contributory earnings during the 60
consecutive months of highest contributory earnings,
multiplied by the number of years of credited service
since enrolment in OMERS after January 1st, 1966
(maximum 35), and
when the member is entitled to a pension under the
Canada Pension Plan, reduced by the lessor of:
(2)
(
(
(
o.7%x (
(
(
(
(
(
(
(
(
( a) the average of YMPE
( for the year the
( member retires and
the two preceding
years, or
b)
pensionable earn-
ings which are the
average annual
contributory earn-
ings during the
60 consecutive
months of highest
contributory earn-
ings
number of years
credited service
since enrolment
X in OMERS after
January 1st,
1966 (maximum
35)
For Firefighters only, the Corporation shall pay 100% of
the cost of an OMERS Type 1 Supplementary Pension Plan
using the 2% Formula.
The Employee's record of the pension contributions shall be made
available for individual approval annually.
All Employees shall, as a condition of employment, participate in
the Pension Plan in effect at the time of commencement of employ-
ment.
All Fireflghters reaching normal retirement age, 60 years, shall be
obliged to retire from the Gorporation on the last day of the month
after the attainment of the normal retirement age, as defined in
the Ontario Municipal Employees Retirement System Pension Plan.
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ARTICLE 14 - UNIFORMS & EQUIPMENT
UNIFORMS & EQUIPMENT - FIREFIGHTERS
14.01 The Corporation shall supply all full-time Firefighters with the
following:
(a) One tunic every three years;
(b)
Three pairs of uniform pants every two years (to alternate
with summer weight pants);
(c) Four uniform shirts each year (two shirts to be
short-sleeved);
(d) Two uniform ties each year;
(e) One uniform winter coat every four years;
(f) One uniform cap each year;
(g) Two permanent press fatigue shirts each year;
(h) Two pairs of permanent press fatigue pants each year;
(i)
One pair of rubber boots, for renewal at the discretion of
the Fire Chief;
(j)
One safety helmet with front name shield and flip-up shield
affixed, for renewal at the discretion of the Fire Chief;
(k)
One modern fire coat, for renewal at the discretion of the
Fire Chief. The Corporation agrees to phase in new
fire-fighting coats at a standard equal to a Safety Supply
Company Systems 3, 7.5 Nomex coat with Fire Marshal's
Scotchlite reflective markings. Coats to have one internal
and two external pockets;
(l)
One pair of rubber mitts and one pair of Nomex gloves;
and
(m) Insoles as needed,
with shoulder flashes to be affixed to new uniforms when supplied,
subject to the provision that items (a), (b), (c), (d), {e) and (f)
shall not be supplied to probationary Firefighters,
14.02
The measuring and ordering of uniforms shall be completed by
March 1st of each year.
14,03
The Corporation shall pay to each Firefighter a cleaning allowance
of $75.00 per annum before January 31st each year.
14.04
The Corporation agrees to permit the Association to provide beds
and bedding, at each flrehall, for use of Firefighters on night
shift. The Association will be responsible for all costs involved,
including the cost of laundry, and under no circumstances will the
Corporation assume any portion of such costs, either directly or
in directly.
UNIFORMS & EQUIPMENT - DISPATCHERS
14.05 The Corporation shall supply all Dispatchers with the following:
(a) One tunic every three years;
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14.06
14.07
15.01
15.02
(b)
(c)
.(d)
(e)
(f)
Three pairs of uniform pants every two years
with summer weight pants);
Four uniform shirts each yearI
Two uniform ties each yearl
One uniform winter coat every four years; and
One uniform cap every two years;
(to alternate
with shoulder flashes to be affixed to new uniforms when supplied,
subject to the provision that items (a), (b), (c), (d), (e) and (f)
shall not be supplied to probationary Dispatchers.
The measuring and ordering of uniforms shall be completed by
March let of each year,
The Corporation shall pay to each Dispatcher a cleaning allowance
of $75.00 per annum before January 31et each year.
ARTICLE 15 - ACTING RANK - FIREFIGHTERS
When no
Training
capacity,
Captain - Grade I (other than a Fire Prevention Officer,
Officer or Fire Inspector), or other rank acting in that
is on duty in the Department,
(a) a Captain - Grade II. or
(b)
if no Captain - Grade II is on duty in the Department, a
let Class Firefighter previously designated as an Acting
Captain, or
(c)
if no such Captain - Grade II or 1st Class Ftrefighter
previously designated as an Acting Captain is on duty in
the Department, the most senior qualified Firefighter who
is on duty,
shall be required by the Fire Chief to perform
Captain - Grade I and shall be paid at a Captain
while performing those duties.
the duties of a
- Grade I rate
When no Captain - Grade II (other than a Fire Prevention Officer,
Training Officer or Fire Inspector), or other rank acting in that
capacity, is on duty in the Department, or when such a Captain -
Grade II is on duty but is performing the duties of a Captain
Grade I pursuant to Article
(a)
a 1st Class Firefighter previously designated as an Acting
Captain, or
(b)
if no 1st Class Firefighter previously designated as an
Acting Captain is on duty in the Department, the most
senior qualified Firefighter who is on duty,
shall be required by the Fire Chief to perform the duties of a
Captain - Grade II and shall be paid at a Captain - Grade II rate
while performing those duties.
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15,03
16.01
16.02
16.03
17.01
17.02
Articles 15.01 and 15.02 do not apply to Captains - Grade II or
Firefighters requested to perform the duties of a Captain - Grade
I or a Captain - Grade II who is,
(al a Fire Prevention Officer,
(b) a Training Officer, or
(c) a Fire Inspector.
ARTICLE 16 - DISCHARGE OR DISCIPLINE
The procedure governing discharge cases shall be pursuant to
Section 4 of the Fire Departments Act.
Cases involving alleged unjust discipline or suspension shall start
at Stage 1 of the Grievance Procedure.
A Firefighter or Dispatcher who is exonerated under section 16.01
hereof, or 16.02 hereof, shall be reinstated and paid his salary for
the time lost.
ARTICLE 17 - GRIEVANCE PROCEDURE
The Employees shall appoint a Grievance Committee from among
their members of three persons, and shall notify the Corporation
of the personnel of such Committee and any changes made therein
from time to time.
In the event of a complaint or grievance relating to the interpreta-
tion, application or administration of this Agreement, hucluding any
allegation that this Agreement has been violated or any question as
to whether a matter is arbitrable, or as the result of any action
involving an Employee, he may then proceed as follows;
STAGE 1
The Employee may take up the matter in writing with
the Fire Chief or Deputy Chief not later than two
days after the day of the incident complained of.
STAGE 2
If the matter is not settled by the Fire Chief or
Deputy Chief within two days of the day it was taken
up with him at Stage 1, the Grievance Committee
accompanied by the Employee may take the matter up
with the Town Manager within two days of the day it
was first taken up with the Fire Chief or Deputy
Chief by the Employee.
STAGE
If the matter is not settled by the Town Manager
within five days of the day it was taken up with him
at Stage 2, it may be referred by the Grievance
Committee to the Executive Committee of Council,
within seven days of the day it was taken up with
the Town Manager.
STAGE 4 -
If the matter is not settled by the Executive Commit-
tee of Council it may, by notice in writing to the
Town Manager, be referred to arbitration by the
Grievance Committee under Article 18 of this Agree-
ment within seven days of the day it was first taken
up with the Executive Committee of Council.
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GROUP GRIEVANCES
17.03
In case a group of Employees has a grievance, it shall b~ taken up
by the Grievance Committee starting at Stage 2.
GENERAL GRIEVANCES
17.04
Any difference arising directly between the Association and the
Town concerning the interpretation or violation of the terms or
provisions of this Agreement may be submitted to either Party by
the other at Stage 2 within and not after ten days of the day of
the incident complained of.
17.05
In determining the time within which any step is to be taken under
the foregoing provisions of this Article, Saturdays, Sundays and
Statutory Holidays shall be excluded. Time limits fixed by this
Article may be extended by agreement in writing between the
Parties.
17.06
At any Stage of the Grievance Procedure, including arbitration,
the conferring parties may have the assistance of the Employees
concerned and any necessary witnesses, and all reasonable ar-
rangements shall be made to permit the conferring parties to have
access to the Department, to view disputed operations and to
confer with the necessary witnesses.
18.01
ARTICLE 18 - ARBITRATION
Where a difference arises between the Parties relating to the
interpretation, application or administration of this Agreement or
where an allegation is made that the Agreement has been violated,
either of the Parties may, after exhausting the Grievance Proce-
dure as set out in Article 17, notify the other party in writing of
its desire to submit the difference or allegation to arbitration and
if the recipient of the notice and the Party desiring the arbitration
do not within fifteen days agree upon a single arbitrator, the
appointment of a single arbitrator shall be made by the Minister of
Justice and Attorney-General upon the request of either Party,
and the arbitrator shall commence to hear and determine the dif-
ference or allegation within 30 days after his appointment or at
such other time as may be agreed upon by the Parties and the
arbitrator, and the arbitrator shall issue a decision within a rea-
sonable time after hearing the difference or allegation and the
arbitra~r's decision is final and binding upon the Parties. The
arbitrator shall not have any authority to alter or change any of
the provisions of this Agreement or to substitute any new pro-
vision in lieu thereof or to give any decision contrary to the terms
and conditions of this Agreement, or in any way modify, add to or
detract from any provision of this Agreement. Each of the Parties
to this Agreement will share equally the fees and disbursements of
the arbitrator.
19.01
ARTICLE 19 - TECHNOLOGICAL CHANGE
If the Corporation proposes to change the method of providing fire
services to the community by technological change, and as a result
to displace an Employee from his position, the Corporation shall
notify the Association of its proposal as soon as practicable and
afford the Association an opportunity to meet with the Town Man-
ager, and such other management personnel as he considers appro-
priate, prior to the implementation of the proposal.
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19.02
19.03
20.01
20.02
20.03
20.04
21.01
22.01
When proposing to displace an Employee from his position in the
process of implementing a technological change, the Cprporation
shall consider the following possibilities:
(a) the retraining of the Employee to work within the techno-
logically changed method;
(b) the relocation of the Employee to another position, the
requirements of which he has the qualifications and ability
to perform;
(c) the relocation of the Employee to another position, the
requirements of which he does not have the qualifications
or ability to perform, and the retraining of the employee
in that position.
In the event that an Employee being displaced as a result of
technological change,
(a) is not to be retrained, relocated or relocated and
retrained ~ and
(b) is to be laid-off,
such lay-off shall he governed by the provisions of Article 10.
ARTICLE 20 - CONTRACTING OUT WORK
No work in classifications covered by this Agreement shall be
contracted out at the expense of present Employees being laid off.
Where the Corporation is contemplating contracting out work of a
nature performed by Employees, the Association will be given six
month's notice of the Corporation's intent.
During the six month notice period referred to in Article 20.2, the
Association shall be given an opportunity to make representation to
the Corporation with respect to the contracting out of the work in
question; the Corporation shall make available to the Association
any material of a non-confidential nature being examined in sup-
port of its decision to contract out the work.
No tenders shall be invited until the expiry of the six month
notice period referred to in Article 20.2.
ARTICLE 21 - FIRE DEPARTI~IENTS ACT
The provisions of the Fire Departments Act, R.S.O. 1980, c.64, as
may be amended from time to time, shall apply to this Agreement.
ARTICLE 22 - DURATION
This Agreement shall be in force and effect from January 1st, 1985
until December 31st, 1985 and from year to year thereafter. In
the event of either Party desiring or proposing any change or
alteration in the Agreement, such Party shall give to the other
Party not less than 30 day's written notice before the renewal date
and both Parties shall thereupon negotiate in good faith in respect
to the matters which it is proposed to change or alter and the
remaining provisions shall automatically renew themselves.
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23.01
ARTICLE 23 - INTERPRETATION
In this Agreement, where the context or circumstances rdquire,
(a) singular shall be construed as plural,
(b) plural shall he construed as singular, and
(c) masculine shall be construed as feminine,
and related words and phrases shall be construed accordingly.
IN WITNESS WHEREOF the Corporation has hereunto affixed its Corporate
Seal under the hands of its duly authorized officers, and the Association
has caused this instrument to be executed by its proper officers duly
authorized.
THE CORPORATION OF THE TOWN OF PICKERING
Date Signed
Mayor
, 1985 Clerk
Date Signed
, 198~
PICKERING PROFESSIONAL FIREFIGHTERS~
ASSOCIATION
Rohal~ E. Roberge, Presiden~/
---~er~ Pedwell, Secretary
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