HomeMy WebLinkAboutBy-law 1629/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1629/83
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 Fire-
fighters' Association, Local 1632,
International Association of Firefighters.
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY
ENACTS AS FOLLOWS:
That 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, Local 1632,
International Association of Firefighters.
BY-LAW READ a first, second and third time and finally PASSED
this 21st day of February , 1983.
/yor '~ ~ -
Cie rk
Schedule "A" to By-law ~mber 1629/83
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, LOCAL 1632, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS
(hereinafter called the "Association")
OF THE SECOND PART.
AR~ICLE
NO.
INDEX
PAGE
NO.
1
2
3
4
5
6
7
8
9
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ll
12
13
14
15
16
17
18
19
20
SCOPE OF AGREEMENT ........................................
RECOGNITION ...............................................
FLOURS OF WORK .............................................
VACATIONS .................................................
STATUTORY HOLIDAYS ........................................
WORKMEN'S COMPENSATION ....................................
SICK LEAVE ..........................
HOSPITAL AND MEDICAL COVERAGE .......
SALARIES ............................
PROMOTIONS, SENIORITY AND LAY-OFF...
LEAVE OF ABSENCE ....................
BEREAVEMENT LEAVE ...................
PENSIONS AND INSURANCE ..............
UNIFORMS AND EQUIPMENT ..............
ACTING RANK - FIREFIGHTERS ..........
DISCHARGE OR DISCIPLINE .............
GRIEV2~CE PROCEDURE .................
ARBITRATION .........................
FiRE DEPARTMENTS ACT ................
DURATION ............................
1
2
2
3
4
5
5
5
6
7
8
9
9
lO
ll
12
12
13
13
14
THIS AGREEMENT made this 15th day of February, 1983
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Corporation")
OF THE FIRST PART,
- and-
THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
LOCAL 1632, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(hereinafter called the "Association")
OF THE SECOND PART.
WHEREAS the Parties hereto wish to establish and maintain collective bargaining rela-
tions between the Corporation, its Firefighters and Fire Dispatchers, 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 Fire-
fighters and Fire Dispatchers who are subject to the provision of this Agreement;
NOW THEREFORE, THIS AGREEMENT WITNESSETH:
ARTICLE 1 - SCOPE OF AGREEMENT
1.0l
In this Agreement, the term,
(a) "Dispatcher" means a full-time Fire Dispatcher of the Town of Pick-
ering 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 Deputy 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 Pickering Fire Department.
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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, rep-
rimand, 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 discharged, penalized or suspended with-
out just cause shall.be the subject of a grievance and dealt with as pro-
vided 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 appropriate officials, to
negotiate a renewal Agreement or to participate in the resolution of griev-
ances with Employees subject to the final approval of any Agreement by the
Corporation.
2.03
The Corporation recognizes the Association as the exclusive bargaining
agent for all Employees of the Town of Pickering Fire Department, and
this Agreement shall be regarded as being applicable 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 established and pub-
lished by the Fire Chief from time to time.
2.05
All Employees of the Town of Pickering Fire Department, that are now mem-
bers of the Association's Local 1632, shall remain members of the said
Local Union and new Employees of the Department shall become members of
Local 1632, International Association of Firefighters, within the first
thirty (30) days of their probationary period and will continue their
membership in good standing in the said Local Union 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 discrimina-
tion be shown toward any Employee who is covered by this Agreement. ~o
strike or lock-out shall occur during the life of this Agreement or any
renewal thereof, and the Association shall not participate in any s~mlpathy
strike in support of any other organization.
ARTICLE 3 - HOURS OF WORK
3.01
Dispatchers and Firefighters other than Fire Prevention Officers, Train-
ing Officers and Inspectors shall be required to work a for~y-two (42)
hour week on the average, based on the two (2) platoon system, consisting
of a ten (10) hour day and a fourteen (14) hour night.
-3-
ARTICLE 3 - HOURS OF WORK (Cont'd)
3.02
~ork.ing Schedule
Forts-Two (42) Hours Per Week
Mon. Tues. Wed. Thurs.
Fri. Sat. Sun. Total
Days T 1st Week l0 l0 l0 l0 40
Nights - 2nd Week 14 14 14 14 56
Days - 3rd Wee~ l0 l0 l0 30
Nights - 4th Week 14 14 14 42
3.03
3.04
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.
Fire Prevention Officers, Training Officers and 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 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 30th day of June in any year
vacation with pay:
Years of Service
Less than 1 year
Up to 4 years
4 years but less
than 12 years
12 years but less
than 20 years
20 years or more
25 years or more
the years of seniority shown below on
shall be entitled to the corresponding
Length of Vacation with PaS
One (1) day for each complete
~nth of service to a total
of two (2) weeks
Two (2) weeks
Three (3) weeks
Four (4) weeks
Five (5) weeks
Six (6) weeks
4.02
Firefighters' vacation periods shall be drawn by seniority. One Fire-
fighter 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 v~eks vacation may choose their entire allot-
ment 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-
ARTICLE 4 - VACATIONS (Cont'd)
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
4.05
No vacation time shall be lost as a result of an occupational illness or
accident incurred in the performance of duty.
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 (3) year period.
ARTICLE 5 - STATUTORY HOLIDAYS
5.01
All Employees shall be entitled to twelve (12) statutory holidays in
each year,, plus any holiday declared by the Municipality 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:
(i) Four day's pay, and
(ii)
Either eight day's pay or eight off duty or any combination
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.
5.04 Such statutory holidays shall be taken by Dispatchers as twelve day's'
pay.
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ARTICLE 6 - WOR~EN'S COMPENSAIION
6.01
When an Employee is injured at work and in receipt of workmen's compen-
sation 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. O1
Each Employee shall be entitled, upon completion of three (3) month's
employment, to sick leave which shall accumulate at the rate of one
and one-half (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 entit-
led to an amount equal to his salary, wages er 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 employ-
ment and providing that the Employee has completed three (3) years of
service with the Corporation immediately prior to the termination of
employment.
7.02
An unbroken month of service ~hall be one where an Employee is employed
on all his working days in the month and is not absent from his duties
other than on account of:
(i) accident or illness;
(ii) leave of absence granted under Article ll;
(iii) bereavement leave granted under Article 12.
A~'ICLE 8 - HOSPITAL AND MEDICAL COVERAGE
8.01
The Corporation shall pay 100% of the premium cost of the following:
(a) Ontario Health Insurance Plan
(b) Life Insurance to two times the rate of a First Class
Firefighter to the nearest $500.00 including an acci-
dental death and dismemberment provision
(c) Major Medical Plan including Prescription Drugs
8.02
8.03
The Corporation shall pay 75% of the premium cost of a Dental Plan
equivalent to the Blue Cross Plan Number 9, utilizing the 1981
O.D.A. fee schedule.
Each Employee as a condition of employment, will participate
in the existing Life Insurance Plan referred to in Article
8.01(b), above.
9.01
9.02
9.03
9.04
9.05
ARTICLE 9 -. SALARIES
The following shall
Classification
1st Class Firefighter
2nd Class Firefighter
3rd Class Firefighter
4th Class Firefighter
Captain
Fire Prevention &
Training Officers
Fire Inspector - Grade I
Fire Inspector - Grade II
Dispatcher
- (First 6 Months)
Dispatcher
- (After First 6 Months)
be the s:ale of salaries paid to Employees:
$29,800.00
90% of 1st Class Firefighter
80% of 1st Class Firefighter
67.S% of 1st Class Firefighter
115% 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
The Corporation hereby agrees that it shall withhold from the wages of
all members of the permanent force of the Fire Department, 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.
(1) Overtime
Overtime pay will be paid at the rate of l-l/2 times the normal
hourly rate of pay. The above will be paid quarterly.
(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 regular rate.
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 pay out upon severence or retirement
of an Employee shall be calculated at the rate of 1/182 of a year's
wages for their particular rank.
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ARTICLE '10 - PROMOTIONS, SENIORITY & LAYOFF
PROMOTIONS - F!REFIGHTERS
lO. O1 (1) When a Firefi~hter is hired, he shall be on probation for a period
of twelve (12) months.
(2) After serving the probationary period, each Firefighter shall be
reviewed by the Chief with a view to advancement.
(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 First 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 First 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 whose decision is final.
SENIORITY - FIREFIGHTERS & DISPATCHERS
lO.O4 (1)
In determining an Employee's length of service for seniority pur-
poses, computation will begin on the date the Employee began work.
Formel' Employees re-entering the service after continuity of ser-
vice has been broken by any reason (Her Hajesty's Service excepted)
shall be considered new Employees, and seniority shall start as of
the date they re-enter service.
Seniority for a Dispatcher shall not be credited until the comple-
tion 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.
kAY-OFF PROCEDURE - FIREFIGHTERS
10.07 (1)
In the event of a reduction in the Firefighter ,work force, layoff
shall commence with the Firefighter with the least amount of sen-
iority with the Firefighter group.
ARTICLE l0 - ?ROMOTiONS, SENIORITY & LAY-OFF (Cont'd)
LAY-OFF PROCEDURE - FIREFIGHTERS (Cont'd)
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 layoff,
~(a) he fails to acknowledge his availability to report to work
within five (5) days after notice of recall is issued by
registered mail at the last known address (excluding Satur-
days, Sundays and statutory holidays); or
(b) he fails to report to work within ten (lO) days after notice
of recall is issued.
LAY-OFF PROCEDURE - DISPATCHERS
lO.O8
In the event of a reduction in the Dispatcher work force, layoff
shall commence with the Dispatcher with the least amount of total
departmental seniority with the Dispatcher group.
(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 tile
layoff.
(3) A Dispatcher shall be deemed to have resigned if, after layoff,
(i)
(ii).
he fails to acknowledge his availability to report to
work within five (5) days after notice of recall is
issued by registered mail at the last known address (exclud-
ing Saturdays, Sundays and statutory holidays); or
he fails to report to work within ten (10) days after
notice of recall is issued.
11.01
ll.02
11.03
11.04
ARTICLE ll - 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.
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.
Ail requests.for leave of absence shall be in writing.
An Employee may only accumulate seniority during the first three (3)
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
a)~ loss of salary or wages while so serving, provided that the Corpor-
ation shall be obliged to pay only the difference between such Employ-
ee'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.
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11.06
ARTICLE 11 - LEAVE OF A~SENCE (Cont'd)
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 (6) days in any year, providing a replace-
ment acceptable to the Fire Chief is provided by the Association at
straight time.
ARTICLE 12 - BEREAVEMENT LEAVE
12. O1
12.02
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 (1) 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 Employee.
ARTICLE 13 - PENSIONS AND 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, mul-
tiplied 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)
{
(b)
{
(
(.
{
the average of YMPE for the
year the member retires and
the two preceding years, or
pensionable earnings which
are the average annual con-
tributory earnings during
the 60 consecutive months
of highest contributory
earnings
number of years of
credited service
X since enrolment in
OMERS after January
1st, 1966 (maximum
35)
4. 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 Corporation.
13.02 The Employee's record of the pension contributions shall be made avail-
able for individual approval annually.
- 10-
ARTI£.L 13 - PENSIONS AND INSURANCE (Cont'd)
13.03
All Employees shall, as a condition of employment, participate in the
Pension Plan in effect at the. time of commencement of employment.
13.04
All Firefighters reaching normal retirement age, sixty (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.
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 Scot~hlite
reflective markings. Coats to have one internal and two
external pockets
(1) One pair of rubber mitts and one pair of Nomex gloves
(m) Insoles as needed
(n) All 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.
-ll-
.~RI~I__CLE !4.~_ -__UN__~]_~F__O_~RMS &. E___QI_].i P__MEg~ (Cont' d)
UNIFORb~S & EquIPHENT - FIRFFIGHI'ERS (Cont' d)
14.02
The measuring and ordering of uniforms shall be completed by the first
day of February 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
^ssoc~ation 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 Dispatcher's with the following:
(a) One tunic every three years
(b) Three pairs of uniform pants every two years (to alter-
nate with summer weight pants)
(c) Four uniform shirts each year
(d) Two uniform ties each year
(e) One uniform winter coat every four years
(f) One uniform cap every two years
(g) All 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 the first
day of February of each year.
ARTICLE 15 - ACTING RANK - FIREFIGHTERS
15.01
When no Captain (other than a Fire Prevention Officer, Training Officer
or Inspector) is on duty in the Department,
(a) a First Class Firefighter previously designated as an
Acting Captain, or
(b) if no such 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 such a
Captain and shall be paid at a Captain's r~te while performing those
duties.
15.02
Article 15.01 does not apply to Firefighters requested to perform, the
duties of a Captain who is,
(a) a Fire Prevention Officer,
(b) a Training Officer, or
(c) an Inspector.
- 12-
ARTICLE 16 - DISCHARGE OR DISCIPLINE
16.01
16.02
16.03
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 4 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
17. O1
The Employees shall appoint a Grievance Committee from among their mem-
bers of three (3) 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 interpretation,
application or administration of this Agreement, including any allega-
tion 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 forty-eight
(48) hours after the date of the incident complained of,
.and failing settlement within forty-eight (48) hours.
STAGE 2 - The Employee may take up the matter with the Fire Chief
within forty-eight (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 forty-
eight (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 forty-eight (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
(5) working days of the date it was taken up with him at
Stage 3, it may be referred by the Grievance Committee,
within seven (7) working days of the date it was taken up
with the Town Manager to the Executive Committee of Council.
STAGE 5 -
If'the matter is not settled by the Executive Committee 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 Agreement within seven (7) working days
of the date it was first taken up with the Executive of
Council.
GROUP GRIEVANCES
17.03 In case a group of Employees has an alleged grievance, it shall be taken
up by the Grievance C~,~mittee starting at Stage 3.
- 13-
ARTICLe 17 -~RIEVAN~E PROCEDURE (Cont'd)
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 (10) 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 arrangements shall be
made to pe~it 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 interpre-
tation, 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 Procedure 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
(15) days agree upon a single arbitrator, the 2ppointment 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 co~ence to
hear and determine the difference or allegation within thirty (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 reasonable 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 provision 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 provi-
sion of this Agreement. Each of the Parties to this Agreement will
share equally the fees and disbursements of the arbitrator.
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.
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ARTICLE 20 - DURATION
20. O1
This Agreement shall be in force and effect from the first day of Jan-
uary, 1982 until the 31st day oF December, 1982 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 thirty (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 Yemaining provisions shall automatically renew themselves.
ARTICLE 21 - INTERPRETATION
21. O1
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.
IN WITNESS WHEREOF the Corporation has hereunto affixed its Corporate Seal under
the hands of its duly authorized officers, and the Town of Pickering Professional
Firefighters' Association, Local 1632, International Association of Firefighters
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
LOCAL 1632, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS