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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 L 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, - and - L L L L L L L i. L L 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: L L L L L L L L L L L L L L L L L L L L I. L L 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. -2- L L L L L L L L L L L L L L L L L L L L ~ L L L L L 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 - 3- 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. - 4- L L L L L L L L L L 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. -5- L 9.01 %O2 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- -6- (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 -7- g g g g g g g t L (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. - 8 - g L L 1 L 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. -9- L L. L L L L 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; - 10 - L l_ L L k L L L L 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. - 11 - L L L 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. - 12- L L L I_ L L L L I. 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. - 13 - 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. - ]4~ g L L L L L L 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 - 15 -