HomeMy WebLinkAboutBy-law 1844/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1844 /84
Being a by-law to authorize the execution of a
Collective Agreement between the Corporation of
the Town of Pickering and the Town of Pickering
Professional Firefighters' Association (January ],
1954 - December 31, I984)
WHEREAS, pursuant to the provisions of sections 5(1) and 7(1) of the Fire Depart-
ment'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 Picketing Pro-
fessional 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
ENACTS 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 Picketing and the Town of Picketing Professional Firefighters'
Association for the purpose of deflning, determining and providing for
remuneration, pensions or working conditions of full-time Fire fighters, 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 22friday of May,
1984.
/Clerk
Schedule A to By-Law 18,44/84
]984
COLLECTIVE AGREEMENT
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART,
- and -
THE TOWN OF PICKERING
PROFESSIONAL FIREFIGHTERS' ASSOCIATION
(hereinafter called the "Association ")
OF THE SECOND PART.
THIS AGREEMENT made this 15th day of March, 1984.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART,
- and -
THE TOWN OF 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:
ARTICLE 1 - SCOPE OF AGREEMENT
1.01
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 does not include a Fire Chief or Depu-
ty Chief; and
(c) "Employee" means a Dispatcher or a Firefighter.
1.02 The provisions of this Agreement shall apply to all Employees in
the Town of Picketing Fire Department.
ARTICLE 2 - RECOGNITION
2.01
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.
2.02
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,
2.03
The Corporation recognizes the Association as the exclusive bar-
gaining agent for all Employees of the Town of Pickering Fire
Department, and this Agreement shall be regarded as being appli-
cable to all such Employees.
2.04
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,
2.05
All Employees of the Town of Picketing Fire Department, 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
said Association as a condition of continued employment.
2,06
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.
2.07
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.
ARTICLE 3 - HOURS OF WORK
3.01
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.
- 2 -
ARTICLE 3 - HOURS OF WORK (Cont'd)
3.02
Working Schedule
Forty-Two Hours Per Week
Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Total
Days
1st Week 10 10 10 10 40
Nights
2nd Week 14 14 14 14 56
Days
3rd Week 10 10 10 30
Nights
4th Week 14 14 14 42
3.03
Nothing in the above schedule of hours of work shall prevent the
Chief 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.
3.04
Fire Prevention Officers, Training Officers and Fire Inspectors
shah 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 Fire Department, and
provided that their hours of work shall not exceed those of other
employees.
ARTICLE 4 - VACATIONS
4.01
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 With Pay
Less than one year
One day for each complete month of
service to a total of two weeks
Up to 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
or more
Six weeks
- 3-
ARTICLE 4 - VACATIONS (Cont'd)
4.02
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.
4.03
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.
4.04
No vacation time shall be lost as a result of an occupational illness
or accident incurred in the performance of duty.
4.05
Vacation date requests shall 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.
4.06
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
5.01
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.
5.02
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
5.03
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
1st in the year in which the statutory holidays occur.
- 4-
ARTICLE 5 - STATUTORY HOLIDAYS (Cont'd)
5.04
Such statutory holidays shall be taken by Dispatchers as follows:
(a) Ten days' pay, and
(b)
Either two days' pay or two 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 - WORKMEN'S COMPENSATION
6.01
When an Employee is injured at work and in receipt of workmen's
compensation in lieu of his regular pay, the Corporation will make
up the difference between such compensation and his regular pay.
ARTICLE 7 - SICK LEAVE
7.01
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. On
retirement, separation, or death, an Employee or his beneficiary
shall be entitled to an amount equal to his salary, wages or other
remuneration for one-half the number of days standing to his
credit and in any event, not in excess of the amount of one-half
years earnings (180) days at the rate received by the Employee
immediately prior to termination of employment and providing that
the Employee has completed three years of service with the Corpo-
ration immediately prior to the termination of employment.
7.02
An unbroken month of service shall be one where an Employee is
employed on al/ his working days in the month and is not absent
from his duties other than on account of:
(a) accident or illness;
(b) leave of absence granted under Article 11;
(c) bereavement leave granted under Article 12.
ARTICLE 8 - HOSPITAL & MEDICAL COVERAGE
8.01
The Corporation shall pay 100% of the premium cost of the follow-
ing:
(a) Ontario Health Insurance P/an;
(b) Life Insurance to two times the rate of a 1st Class
Firefighter to the nearest $500.00 including an accidental
death and dismemberment provision;
(c) Major Medical Plan including Prescription Drugs.
- 5 -
ARTICLE 8 - HOSPITAL & MEDICAL COVERAGE (Cont'd)
8.02
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.
8.03
Each employee, as a condition of employment,
the existing Life Insurance Plan referred to
above.
will participate in
in Article 8.01(b),
ARTICLE 9 - SALARIES
9.01
The following shall be the scale of salaries paid to Employees:
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
$32,854.50 less increase in
cost to Town of premium
increase resulting from
adoption of 1983 O.D.A.
Fee Schedule in Article
8.02
90% of 1st Class Firefighter
80% of 1st Class Firefighter
67.5% of 1st Class Firefighter
115% of 1st Class Firefighter
112% of 1st Class 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
9.02
The Corporation hereby agrees that it shall withhold from the
wages of all members of the permanent force of the Fire Depart-
ment, all monthly dues which have been properly levied against
Association members and will 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.
-6-
ARTICLE 9 - SALARIES (Cont'd)
9,03
(1) Overtime
Overtime pay will be paid
normal hourly rate of pay.
terly.
Callback
at the rate of 1-1/2 times the
The above will be paid quar-
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 regular rate.
9.04
When an Employee is subpoenaed to court as a result of performing
his duties, he shall be paid straight time.
9.05
Statutory holidays and sick time payout upon severance or retire-
ment of an Employee shall be calculated at the rate of 1/182 of a
year's wages for their particular rank.
ARTICLE 10 - PROMOTIONS, SENIORITY & LAY-OFF
PROMOTIONS - FIREFIGHTERS
lO.Ol (i)
When a Firefighter is hi~;ed, he shall be on probation for a
period of twelve months.
(2)
After serving the probationary period, each Firefighter
shall be reviewed by the Chief with a view to advance-
ment.
(3)
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.
(4)
A Firefighter promoted to the position of Officer within the
Fire Service shall serve a probationary period of six (6)
months. It is understood that 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,
of 90 days.
he shall be on probation for a period
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
whose decision is final.
- 7-
ARTICLE 10 - PROMOTIONS, SENIORITY & LAY-OFF (Cont'd)
SENIORITY - FIREFIGHTERS & DISPATCHERS
io.o4
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.
(2)
Seniority for a Dispatcher shall not be credited until the
completion of his probationary period; however, upon
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 firehalls
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 Firefighter with the least
amount of seniority with the Firefighter group.
(2)
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.
(3)
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, Sundays
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.
LAY-OFF PROCEDURE - DISPATCHERS
o.os
In the
lay-off
amount
group.
event of a reduction in the Dispatcher work force,
shall commence with the Dispatcher with the least
of total departmental seniority with the Dispatcher
(2)
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.
- 8 -
ARTICLE 10 - PROMOTIONS, SENIORITY & LAY-OFF (Cont'd)
LAY-OFF PROCEDURE - DISPATCHERS (Cont'd)
(3) A Dispatcher 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, Sundays
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.
ARTICLE 11 - LEAVE OF ABSENCE
ll.01
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 Conventions will be granted to not more than one
Employee for a period not to exceed six days in any year, provid-
ing a replacement acceptable to the Fire Chief is provided by the
Association at straight time.
ARTICLE 12 - BEREAVEMENT LEAVE
12.01
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.
-9-
ARTICLE 12 - BEREAVEMENT LEAVE (Cont'd)
12.02
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-ln-law, or grandchild in order to attend the funeral and
such leave shall be charged against the sick leave of the Employ-
ARTICLE 13 - PENSIONS & INSURANCE
13.01
The Municipality agrees to continue the present OMERS Pension
Plan which provides a Pension,
equal to 2% 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)
reduced, when the member is entitled to a pension under
the Canada Pension Plan (CPP), by:
the lesser of:
0.7% 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 agrees to provide,
(a) an OMERS Type II Supplementary Pension Plan,
using the 2% Formula, to be replaced by
(b)
an OMERS Type I Supplementary Pension Plan using
the 2% Formula, on and after January 1st, 1983.
The cost of such Plans will be assumed by the Corpo-
ration.
13.02
The Employee's record of the pension contributions shall be made
available for individual approval annually.
13.03
All Employees shall, as a condition of employment, participate in
the Pension Plan in effect at the time of commencement of employ-
ment.
13.04
All Firefighters reaching normal retirement age, 60 years, shall be
obliged to retire from the Corporation 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.
- 10 -
ARTICLE 14 - UNIFORMS & EQUIPMENT
UNIFORMS & EQUIPMENT - FIREFIGHTERS
14.01
The Corporation agrees to 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;
(1)
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
February 1st of each year.
14.03
The Corporation agrees to permit the Association to provide beds
and bedding, at each firehall, 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
indirectly.
UNIFORMS & EQUIPMENT - DISPATCHERS
14.04 The Corporation agrees to supply all Dispatchers with the follow-
ing:
(a)
(b)
One tunic every three years;
Three pairs of uniform pants every two years
with summer weight pants);
(to alternate
- 11-
ARTICLE 14 - UNIFORMS & EQUIPMENT (Cont'd)
UNIFORMS & EQUIPMENT - DISPATCHERS (Cont'd)
(c) Four uniform shirts each year;
(d) Two uniform ties each year;
(e) One uniform winter coat every four years; and
(f) One uniform cap every two years;
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.
14.05 The measuring and ordering of uniforms shall be completed by
February 1st of each year.
ARTICLE 15 - ACTING RANK - FIREFIGHTERS
15.01
When no Captain - Grade I (other than a Fire Prevention Officer,
Training Officer or Fire Inspector), or other rank acting in that
capacity, 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
1st Class Firefighter previously designated as an Acting
Captain, or
(c)
if no such Captain - Grade II or 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
Captain - Grade I and shall be paid at a Captain
while performing those duties.
the duties of a
- Grade I rate
15.02
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 15.0],
(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,
- 12 -
ARTICLE 15 - ACTING RANK - FIREFIGHTERS (Cont'd)
15,03
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,
(a) a Fire Prevention Officer,
(b) a Training Officer, or
(c) a Fire Inspector.
ARTICLE 16 - DISCHARGE OR DISCIPLINE
16.01
The procedure governing discharge cases shall be pursuant to
Section 4 of the Fire Departments Act.
16.02
Cases involving alleged unjust discipline or suspension shall start
at Stage 4 of the Grievance Procedure.
16.03
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
17.01
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.
17.02
In the event of a complaint or grievance relating to the interpreta-
tion, application or administration of this Agreement, including 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 officer in charge of his shift not later than 48
hours after the date of the incident complained of,
and failing settlement within 48 hours.
STAGE 2
The Employee may take the matter up with the Fire
Chief within 48 hours of the date he took the matter
up with the officer in charge of the shift.
STAGE 3
If the matter is not settled by the Fire Chief within
48 hours of the date it was taken up with him, the
Grievance Committee accompanied by the Employee may
take the matter up with the Town Manager within 48
hours of the date it was first taken up with the Fire
Chief by the Employee.
STAGE 4
If the matter is not settled by the Town Manager
within five working days of the date it was taken up
with him at Stage 3, it may be referred by the Griev-
ance Committee, within seven working days of the
date it was taken up with the Town Manager to the
Executive Committee of Council.
- 13-
ARTICLE 17 - GRIEVANCE PROCEDURE (Cont'd)
STAGE 5 -
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 working days of the date it was
first taken up with the Executive Committee of Coun-
cil.
GROUP GRIEVANCES
17.03 In case a group of Employees has an alleged grievance, it shall be
taken up by the Grievance Committee starting at Stage 3.
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 4 within and not after ten working days of the
date 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.
ARTICLE 18 - ARBITRATION
18.01
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
arbitrator'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.
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ARTICLE 19 - FIRE DEPARTMENTS ACT
19.01
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 20 - DURATION
20.01
This Agreement shall be in force and effect from January 1st, 1984
until December 31st, 1984 and from year to year thereafter. In
the event of either Party desiring or proposing any change or
alteration in the Agreement, such Party shah give to the other
Party not less than 30 days 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.
ARTICLE 2] - INTERPRETATION
21.01
In this Agreement, where the context or circumstances require,
(a) singular shall be construed as plural,
(b) plural shall be construed as singular, and
(c) masculine shall be construed as feminine,
and related words and phrases shall be construed accordingly.
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IN WITNESS WHEREOF the Corporation has hereunto affixed its Corporate
Sea] 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
Mayor
Clerk
THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS'
ASSOCIATION
Robert D. Williams
Ronald Morgan
Robert Cubbage
Ronald E. Roberge
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