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HomeMy WebLinkAboutBy-law 1074/79THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1074/79 Being a By-law to authorize the execution of an agreement between the Corporation of the Town of Pickering and Canadian Union of Public Employee Local No. 129. WHEREAS, pursuant to the Provisions of paragraph 43 of section 352 of The Municipal Act, R.S.O. 1970, c. 284, the council of any municipality may pass by-laws for inter alis, fixing the remuneration of and prescribing the duties of its servants; AND WHEREAS, the Corporation of the Town of Pickering and the C.U.P.E. Local No. 129 have agreed upon certain terms and conditions respecting the remuneration of and duties of the Town's servants; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule 'A' between the Corporation of the Town of Pickering and C.U.P.E. Local No. 129 respecting the remuneration of and prescribing the duties of the Town's servants from and after March 1, 1979• BY-LAW READ a first, second and third time and finally passed this 17th day of December, 1979. r ? Mayor THIS AGREEMENT made as of the day of 1979 B E T W E E N THE CORPORATION OF THE TOWN OF PICKERING (Hereinafter referred to as "The Corporation") OF THE FIRST PART and CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL NO. 129 (Hereinafter referred to as "The Union") OF THE SECOND PART ARTICLE 1 PURPOSE - 1.1 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Corporation and its employees, 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 employees who are subject to the provisions of this Agreement. ARTICLE 2 SCOPE - 2.1 The Corporation recognizes the Union as the sole bargaining agent for all of its inside and outside staff save and except: (a) Town Manager (b) Department Heads (c) Deputy Department Heads (d) Administrative Assistant (e) Confidential Secretaries to (i) the Director of Parks & Recreation (ii) the Director of Planning (iii) the Solicitor (iv) the Treasurer (v) the Mayor and Members of Council (f) Senior Planners (g) Works Supervisors (h) Chief Plumbing Inspector (i) Chief Building Inspector (j) Systems Analyst - Treasury (k) Works Centre Supervisor (1) Co-ordinators of Arts and Sports Corw,aunity Facilities Community Programs Parks - 2 - SCOPE (Contd.) 2.2 For the purpose of this Agreement, (a) "employee" shall mean a person whose employment has been approved by Council, who is eligible for membership in the Union and whose duties are of a continuing nature necessary to the general operations of the Corporation, but does not include a part-time employee or a temporary employee; (b) "part-time employee" shall mean a person employed by the Corporation and whose duties require him to work less than the normal work day or the normal work week on a regular basis and who is hired for an indefinite period of time, but does not include a temporary employee nor employees retained for positions not defined in Schedules "A" or nR" (c) "temporary employee" shall mean a person employed by the Corporation, (i) to replace for all or part of the absence of a permanent employee who is temporarily absent; (ii) for a specific job for a defined period of time with a definite termination date which may be extended by mutual agreement of the parties; so long as such temporary employee is not hired at the exp:_isc of a permanent employee being laid off. 2.3 Unless otherwise stated herein, this agreement applies only to employees as defined in clause (a) of Article 2.2, above. ARTICLE 3 NO DISCRIMINATION - 3.1 The Parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised with respect to any employee by reason of age, race, creed, colour, national origin, political or religious affiliation, sex, nor by reason of his membership or activity in the Union. - 3 - ARTICLE 4 NO STRIKES OR LOCK-OUTS - 4.1 So long as this Agreement continues to operate, there shall be no strikes or lock-outs as those terms are defined in The Labour Relations Act. ARTICLE 5 CORPORATION'S RIGHTS - 5.1 The Union acknowledges that it is the exclusive function of the Corporation to hire, promote, demote, transfer and suspend employees, and also the right of the Corporation to discipline or discharge any employee for cause, provided that a claim by an employee, who has acquired seniority, that he has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided. 5.2 The Union further recognizes the right of the Corpor- ation to operate and manage its business in all respects in accordance with its commitments and responsibilities. The right to decide on the number of employees needed by the Corporation at any time, the right to use methods, machinery and equipment and jurisdiction over all operations, buildings, machinery, tools and employees are solely and exclusively the responsibility of the Corporation. 5.3 The Corporation also has the right and the Union recognizes it to make and alter from time to time. reasonable rules and regulations to be observed by the employees; such changes and general rules and regulations shall be posted on the bulletin board and shall not be inconsistent with anv of the provisions of this Aoreetn?nt, having particular regard for the provisions of Article 12.0 (Seniority) as contained herein. 5.9 The Corporation agrees not to exercise these rights in a manner inconsistent with the terms of this Agreement. - 4 - ARTICLE 6 UNION SECURITY - 6.1 The Corporation recognizes the Union as the exclusive collective bargaining agent for the said employees. 6.2 It is.agreed by the parties hereto that all employees eligible to be in the Union will be required to pay to the Union an amount equal to the current monthly Union dues, whether a member or non-member., so long as the Union is the recognized bargaining agent. 6.3 It is further agreed that the Corporation will deduct from the wages of each employee a sum equal to the current monthly dues and remit monies so deducted to the Secretary-Treasurer of the Union, accompanied by a list of names showing those from whom deductions were made; the Union being responsible for keeping the Corporation informed in writing as to the names and addresses of the proper officers. 6.4 This Article applies to employees, part-time employees and temporary employees, as defined in clauses (a), (b) and (c) of Article 2.2, above. ARTICLE 7 GRIEVANCES - 7.1 Complaints and grievances of employees arising out of this Agreement shall be in writing and shall be dealt with in the following manner: PRELIMINARY STEP - The complaint or grievance shall be filed with the Town Manager and the Department Mead within ten (10) working days of the act or omission which is the reason for the complaint or grievance being made. STEP 1 The employee, assisted by member of the Union Committee, shall first take the matter an with :'_r -?f the empioyee's uepirtuienu wi_cin.n the first two (2) workinc; Qay- following the filing of tho cor,-plaint or grievance with the Town Manager. Failing settlement at this stage, the employee may proceed to Step 2. - 5 - GRIEVANCES (Contd.) 7.1 7.2 STEP 2 STEP 3 STEP 4 ARBITRATION Any decision given at any Step in the grievance procedure must be given in writing. - The employee, assisted by a member of the Union Committee, may take the matter up with the Town Manager within the first seven (7) working days following the filing of the complaint or grievance. Failing settlement at this stage the employee may proceed to Step 3. - The employee, assisted by a member of the Union Committee and/or a representative of the Union, may take the matter up with the Council of the Corporation, or any Committee thereof having jurisdiction, within the first twelve (12) working days following the filing of the complaint or grievance. Failing settlement at this stage, the cmplo, cc May proceed to r.. , at - The Union may, on behalf of the employee, refer the matter to arbitration provided it does so within ten (10) working days after the date upon which the Council or Committee rendered its decision in Step 3. ARTICLE 8 ARBITRATION - 8.1 Where a difference arises between the Parties relating to the interpretation, application or adrainistrat.Jon of this Agreement, including any question as to teSU_:iiP? a matter is arbitrable, or where an allegation "J., made that this Agreement has been violated, either of the Parties may, after duly exhausting the Grievance Procedure established by this Agreement notify the other Party in writing of its desire to submit the difference or - 6 - ARBITRATION (Contd.) 8.1 allegation to arbitration and the notice'shall contain the name of the first Party's appointee to an arbitration board. The recipient of the notice shall, within 5 days infotm the other Party of the name of its appointee to the arbitration board. The two appointees so selected shall proceed to appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within 15 days, the appointment shall be made by the Ontario Labour Management Arbitration Commission upon the request of either Party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the Parties and upon any employee affected by it. The decision of a majority is the decision of the arbit.rat.c^ b .ra, hu= __ ",cra is no majority the decision of the chairman governs. The arbitration board 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 provision of this Agreement. Each of the Parties to this Agreement will pay the fees and disbursements of its appointee to the arbitration boards, and will share equally the fees an' disL_rse,::.i of the chairman. ARTICLE 9 DISCHARGE AND DISCIPLINE CASES - 9.1 in the event that an employee other than a probat.unt.;-y employee is discharged or disciplined and the employee considers that an injustice has been done, the employee may file a grievance pursuc.nt to ttic provisions of - 7 - DISCHARGE AND DISCIPLINE CASES (Contd.) 9.1 Article 7.1 and such grievance shall be proceeded with accordingly, except that Step 1 shall be omitted and the employee shall have the right to proceed directly from the Preliminary Step to Step 2. 9.2 Where an employee's grievance against his discharge or discipline duly comes before an arbitration board, the board may make a ruling; M confirming the Corporation's action, or (ii) reinstating the employee with or without compensation for wages lost (except for the amount of any remuneration the employee has received elsewhere pending the disposition of this case), or (iii) disposing of the grievance in any other manner which may be just and equitable in the opinion of the Board. ARTICLE 10 MANAGEMENT GRIEVANCES - 10.1 It is understood that the Corporation may bring forward at any meeting with the Union Committee called by the Corporation on not less than 2 days' notice any complaint or grievance, and that if such complaint or ^rievancc not settled to the mutual satisfaction of the conferring parties, it may be referred to arbitration as set .<<i in Article 8. , ARTICLE 11 UNION COMMITTEE - 11.1 The Corporation acknowledges the right of the to appoint or otherwise select a Union Cori; .::t•-ce composed of not more than 4 employees, bei.nr, 3 emn_: ,.es. from the office and clerical or inside group of enn,'.,c_ and 2 employees from the outside group of erialoyces. For the purposes of this Agreement the two groups are referred to as the inside unit and the outside unit, respectively. - B - UNION COMMITTEE (Contd.) 11.2 The Union shall advise the Corporation in writing through the office of the Town Manager of the employees serving on this Committee. 11.3 The Union acknowledges that the employees on the union Committee will continue to perform their regular duties on behalf of the Corporation and that such persons will not lease their duties without first obtaining the permission of their supervisor or head of their respective departments, and on the completion of Union duties shall report back, to him, or to any job to which he has previously directed them, and give any reasonable explanation which may be requested with respect to their absence. 11.4 It is understood that such permission shall not be unreasonably withheld. 11.5 In accordance with this understanding, such employees will be compensar.ed by Lhe Cntl)oiati.on to. the exce,:t of their regular pay for such time spent in dealing with matters arising out of this Agreement provided the matter cannot be dealt with outside of regular working hours. 11.6 Compensation will not be allowed for time spent outside of the employee's regular working hours, and the Corporation reserves the right to withhold payment if the Union Committee.does not conform with the accepted practice in dealing with matters arising out of this Agreel:'.ont, `r _i an Unreasonable or abnormal amount of time is consumed in dealing with such matters. i?!Z'PTCi,r: 1.2 SENIORITY - 12.1 Seniority will be basea upon the length of service with the Corporation, running continuously (excluding unpaid leaves of absence as defined in Article 16.6) - 9 - SENIORITY (Contd.) 12.1 from the date of last hiring. Promotions, lay-offs, recalls and transfers will be based upon the length of service of an employee in either the inside unit or the outside unit, provided that the employee with the greatest length of service in his unit has the qualifications to perform the requirements of the job. 12.2 "Promotion" in this Agreement shall mean transfer to an occupational classification carrying a higher rate of pay in an employee's unit. The Secretary of the Local Union will be advised as to transfers or promotions within the two units. 12.3 The Corporation will maintain a seniority list showing, with respect to each employee, the hiring and his job classification. will be prepared and maintained in section with respect to employees ana ti.c id'z n, c?jl- ilsj •: L the outside unit. date of his last A seniority list two sections, one in the inside unit Lo empioyccs in 12.4 The seniority lists will be prepared by the Corporation and posted up on the 2nd day of January and July of each year. Copies of the applicable sections of the seniority list will be posted up in the unit to which they relate. 12.5 The Corporation will supply the Union with a copy of each seniority list and will supply extra copies to officers of the Union on request, to the extent that extra copies ay available from time to time. 12.6 An emplovec shall continue to acquire seniority if he is absent front work for the following reasons and for the pC''i^?`; r' +-]T" shce:n: (a) Compcnsa!-;%.c i.llncss or accident for a period of cne ye-.u , after which time the Corporation may review particular case to determine his suitability for further employment. - 10 - SENIORITY (Contd.) 12.6 (b) Non-compensable illness or accident which exists for the duration of one year - or less. If such reason exists longer than one year, an employee shall not continue to acquire seniority for absence beyond that time. (c) Service in the active Armed Forces during a time of war as declared by the Government of Canada, provided he returns to work immediately following discharge. (d) Jury duty. (e) Subject to the provisions of Article 16, (i) leave of absence with pay; (ii) any other special case approved by the Town Manager. 12.7 When a new employee is hired, he shall be on probation for a period of 90 days during which time he shall not be covered by any of the terms of this Aareement eycept in the wage rate classification and as provided in Articles 19, 21, 26 and 29. 12.8 An employee retained past the 90 day probationary per- iod and whose employment has been approved by Council shall be deemed to have acquired seniority and his name shall be placed on the seniority list, and he shall be credited with seniority from the date of his last hiring, all in accordance with Articles 12.1 and 12.2. 12.9 This Article applies to both .;; ;,luyees ailu part-time employees as defined in clauses 2.2, above; its application, to shall be on a pro-rata number of hours worked ur'a compared to the total nn;;,be_. by the employee. (a) and (b) of Article part-ti.me employees isi:-ter.t with the total i-,•:• the n»-t_--t:i.r,n ?l"r>lgvnt? h curs worked annually - 11 - ARTICLE 13 LOSS OF SENIORITY - 13.1 Seniority rights and an employee's employment shall be terminated if: (a) he leaves of his own accord; (b) he is discharged, and such discharge is not reversed through the grievance or arbitration procedure; (c) he is laid off continuously for a period of more than 10 months; (d) he has been laid off and fails to return without justification within 5 working days after he has been notified to do so by the Corporation through registered mail addressed to his last address on record with the Corporation; (e)' he retires or is retired at normal retirement age. 13.2 This Article applies to both employees and part-time employees, as defined in clauses (a) and (b) of Article 2.2, above. ARTICLE 14 JOB POSTING - 14.1 When any of the occupational classifications mentioned in schedules "A" and "B" of this Agreement become vacant, or any new positions of a permanent nature are created, notice thereof shall be posted up for a perio(: of 5 working days in all departments in the unit in which the vacancy or the new position occurs. Any such notice shall contain the nature of the position, t-hr- r. li? 11ificationr, required, the wage or salary rate and any othei: ;relevant information. 14.2 An employee in the unit for ishich tie -"acanc" ' : p, :-..ted who wishes to be considered tr_ fi 1.1. it, =_shal. i nra, his written application to the of ficii,l of tl,, o„ named in the notice wr thi.n and not after 5 wor;:ii:q day:: of the posting up of such notice, setting forth: his qualifications. 14.3 When 2 or more employees make application for any such posted vacanc, the provisions of Article 1.2.1 shall apply. - 12 - JOB POSTING (Contd.) 14.4 If there is a successful applicant for the position so posted he will be considered to be on a trial period in his new position for a period of 3 calendar months. At any time after the successful completion of his trial period the employee shall have the right to apply in writing to the Corporation for permanent classification in such new position and unless the Corporation shall, within 5 working days of receipt of such written request, refuse such re-classification, then the employee shall be deemed to be re-classified in such new position. In the event that an employee's application for transfer is accepted by the Corporation he shall forfeit his right to his former position. 14.5 If there is no applicant or no successful applicant for the position so posted from the bargaining unit, the Corporation may fill such position from outside sources, provided they advise the Union of their intent to do so. It is agreed that the municipality will not advertise such position until applicants from the bargaining unit are advised of the Town's decision. 14.6 Where new positions, within the bargaining unit, are created or current positions re-classified, the Corporation will advise the Union in advance of the nature of the position and the proposed wage or salary scale, commensurate with the required qualifi- cations. 14.7 Any employee who has become unable to handle his customary work to advantage, owing to age or other i_n i,rmity, 'shall be given preference for any available t:ork within his canabilitics, at not less than the I)a-,ic rate or pay ?-or that classification to which lie has beeii i:.ransferrcd, providing he does not replace another employee. - 13 - JOB POSTING (Contd.) 14.8 The Union shall be notified in writing when new appointments, promotions, hirings, lay-offs, rehirings and terminations in the bargaining unit are to be considered by the Town Manager and, shall have an opportunity to make representations thereto. 14.9 Under this Article, all correspondence shall be forwarded to the Secretary of the Union. ARTICLE 15 TRANSFERS TO SUPERVISORY POSITIONS - 15.1 If an employee is, or has been transferred to a supervisory position which is not subject to the provisions of this Agreement, he shall retain his previous seniority, and continue to accrue seniority for'a further period of one year. If he is trans- ferred back, within such period to a position subject to the provisions of the Agreement, he shall carry his accumulated seniority with him. ARTICLE 16 LEAVE OF ABSENCE 16.1 The Corporation may grant leave of absence, without pay to any employee requesting such leave for good and sufficient cause. 16.2 The Head of a Department may grant leave of absence with pay to an employee upon any special grounds anu the period of any such leave of absence shall be charged against the employee's sick leave credits. All such requcets shall be coimnunicated to the Town Manager. 16.3 The Corporation n-,ay grant leave of absence for a maximum of one year to any employee who requests such a leave by reason of his election or appointment as an officer of the Union, v7i. -!,cut pay and without loss of seniority or occupational. classification, save as hereinafter set- out. 16.4 Leave of absence, without pay or loss of seniority, for attendance at Union Conventions will be granted to not more than 2 employees for a period not to exceed 16 days in any one year. - 19 - LEAVE OF ABSENCE (Contd.) 16.5 All requests for leave of absence shall be in writing. 16.6 An employee may only accumulate seniority during the first 3 months of a granted leave of absence under any paragraph of this Article. 16.7 When an employee is summoned for jury duty or 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 as a juror or his witness fee and conduct money as a witness and the salary or wages which he would otherwise have earned had he worked the regular working day involved. 16.8 This Article applies to both employees and part-time employees, as defined in clauses (a) and (b) of Article 2.2, above. ARTICLE 17 OUTSIDE UNT.T - TOOLS, EQUIPMENT AND CLOTHING - 17.1 When it is necessary for employees in the outside unit to work in an emergency during inclement weather, the Corporation will provide rubber coats, hats and boots or such other clothing as is necessary to keep the employees warm and dry. 17.2 The Corporation will provide employees in the outside unit with such tools and equipment as are necessary to carry out the work of the Corporation. 17.3 It is understood that the above tools, equipment and clothing are the property of the Corporation and are not to be removed from the Town property without permission frog, the employee's supervisor outside the bargaining unit. 17.9 The Corporation ac,reeF tc pay in each Contract. year ,.+e full cost of the following clothing for all emplovees in the outside unit not presently supplied with informs. Clothing to be available by May 31st of each yea : 2 pair coveralls 2 pair trousers 2 shirts 15 - OUTSIDE UNIT - TOOLS, EQUIPMENT AND CLOTHING (Contd.) 17.5 The Corporation shall reimburse each employee required by law to wear safety boots in the performance of his duties for the cost of one pair of such boots per year provided that: (1) the boots are approved by the Corporation for use as safety boots; (2) the employee submits a receipt for the purchase of the boots; (3) the amount to be reimbursed to the employee by the Corporation shall not exceed $32.00. 17.6 The Corporation agrees to provide a $150.00 per annum tool allowance for all licensed Mechanics classified as such under this Agreement. ARTICLE 18 FIRST-AID KITS AND SAFETY - 18.1 First-Aid Kits and Fire Extinguishers will be supplied by the corporation and kept in places easily accessible to all employees. It will be the responsibility of both parties to see that the kits and extinguishers are properly cared for and maintained. 18.2 it is mutually agreed that both parties shall co-operate to the fullest extent in the prevention of accidents, and with such promotion of safety and health as is deemed necessary. 18.3 A Safety and Health Committee shall be establisheu in," composed of not more than three representatives- appointed by the Employer, and three repro :,onl.,re...'. appointed by the Union. 18.4 The Safety and Health Committee shall hold :reet.inrr as required to deal with all unsafe, ha.^rc c or dangerous conditions. P.r:nresent.at.i'cos of n+' shall suffer no loss of pay for attending Copies of the minutes of all Committee meetings shall be sent to the Corr,ora.Cion and to the Union. - 16 - ARTICLE 19 SICK LEAVE - 19.1 Each employee will be entitled to sick leave which will accumulate at the rate of one and one-half 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. 19.2 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 to the extent of the maximum of the employee's accumulated sick leave with pay credits. The amount of such make up shall be deducted from such accumulated credits. 19.3 an employee shall be entitled to an amount equal to his salary, wages or other remuneration for one-half the number of days of accumulated sick leave standing to his credit under Article 19.1 up to a maximum of an amount equal to one-half year's earnings at the rate received by the employee immediately prior to termination of ei;,ploy- ment; provided that the employee has completed 3 years of service with the Corporation, inumediately prior to the termination of employment. 19.4 In the event an employee dies, his estate shall be entitled to be paid or, a tcxint_ c ,ual to his accumulated sick leave credits es :tho)igh he had retired or been separated froict the ??C.LGO1'ul:lon's service and Article 19.3 shall apply lr; :, O<: z: 'i.a 1l ]?q the entltloiiient ro and the amount of sus:: payment. 19.5 This Article appi.ies to !j,)th employees and part-time employees, as de ino?, in clannes (a) and (b) of Articlc 2.2, above; its application to part-time employees shall be on a pro-rata basis consistent with the total number of hours worked annually by the part-time employee compared to the total number of hours worked annually - 17 - ARTICLE 20 BEREAVEMENT LEAVE 20.1 An employee shall be allowed up to 3 days off with pay at the time a dcati, occurs in his immediate family, which shall mean father, mother, father-in-law, mother-in-law, sister, brother, spouse, child, or other relative living with the employee. 20.2 This Article applies to both employees and part-time employees, as defined in clauses (a) and (b) of Article 2.2, above. ARTICLE 21 PAID HOLIDAYS 21.1 a) The holidays shown below shall be recognized as holidays for which the employee shall be paid, in the case of an employee in the outside unit, a sum equal to his current hourly rate for the number of hours he would regularly have worked, and in the case of an employee in the inside unit, a sum equal to his daily current salary. In order to qualify for holiday pay an employee shall work his regularly assigned hours of work on the day immediately prior to and on the day immediately following the holiday (or the day on which the holiday is observed, as the case may be) and work on the holiday if he is scheduled to work. If an employee is absent on any of such days by reason of illness which is verified by a doctor's certir`.cat• ?^e :mail not lose his pay for the holiday. In the event that an employee is on an approv, t' o ,.id 3-cave of absence, regular vacation or apr•" }: "aasi^Pent leave he shall not lose his pav .. the holiday. - 18 - PAID HOLIDAYS (Contd.) b) The said holidays are as follows: New Year's Day Good Friday Easter Monday Victoria Day Dominion Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day k day on Christmas Eve 3? day on New Year's Eve and any other day proclaimed as a National or Provincial Holiday by the Federal or Ontario Governments. c) If any of the said holidays fall on a Saturday or Sunday it will be observed on the preceding Friday or the following Monday. 21.2 A probationary employee will be eligible for the paid holidays mentioned in this Article after he has completed 30 days of serv;ce. 21.3 An employee who is required to work on any of the above paid holidays will, in addition to the holiday pay, be paid at one and one-half times his regular hourly rate for all hours actu?lly worked. 21.4 If one of the said hclidays falls or is observed during the emcl.oyee's vacation period, he shall be granted another day cuff with pay in lieu thereof. 21.5 Parts 1, _':, 3 and above, of this Article apply only to e:a l.oyee.a as defined in clause (a) of Article 2.2, abov,o . - 19 - PAID HOLIDAYS (Contd.) 21.6 Part-time employees, as defined in clause (b) of Article 2.2, above, shall be entitled to'a paid holiday on, New Year's Day Good Friday Victoria Day Dominion Day Labour Day Thanksgiving Day Christmas Day subject to the provisions of Part V11 of The Employment Standards Act, 1974, S.O. 1974, c.112, or any successor thereto. ARTICLE 22 VACATIONS - 22.1 An employee who has completed the years of seniority (within the meaning of Article 12.1) shown below on the 30th day of June in any year shall be entitled to the corresponding vacation with pay: Years of Seniority Length of Vacation with Pay Less than one year One (1) day for each completed month of service, to a maximum of ten (10) days One (1) year but less than four (4) years Ten (10) working days Four (4) years but less than ten (10) years Fifteen (15) working days Ten (10) years but less than twenty (20) years Twenty (20) working duy:; Twenty (20) years but less Twenty-five (25) working than thirty (30) years days Thirty (30) years or more Thirty (30) working days 22.2 In the event than an employee has reached hi.- 4th: 10th, 20th or 30th year anniversary, the vacation yea for purposes of calculating holiday entitlemont i1 J. extended to SepLemher 30th. - 20 - VACATIONS (Contd.) 22.3 The Corporation agrees to post a vacation schedule in advance of June 1st, so that vacations may be equitably allocated throughout the vacation period. Subject to the Corporation's right to maintain a qualified working force, the choice of vacation days shall be given to employees with the greatest seniority. 22.4 Vacations ari to be taken during the year in which they are earned, but if an employee is entitled to more than ten (10) working days vacation and desires to take his extra vacation allowance at a later date, during the current year, such time off shall be by mutual agreement between the parties. 22.5 This Article applies to both employees and part-time employees, as defined in clauses (a) and (b) of Article 2.2, above. ARTICLE 23 RELIEVING IN OTHER GRADES - 23.1 When an employee in the outside unit is detailed to relieve in a position of higher rating for more than 4 consecutive hours, he shall receive the rate for the position for which he is relieving for the full period of the relief. 23.2 When an employee in the outside unit is detailed to relieve in a position of lower rating for any period he shall maintain his regular rate of pay. 23.3 In the event than an employee in the inside unit is requested to relieve in a position carrying a rate of salary than that to which he is pre en:::.y classified, beyond a period of three aeeks, e employee will. be paid an add:i.tional aur.; ec r '-)t to 502 of the difference bA+:•een i-.hr, ?i. -;_- 1 -• is presently being paid and that be:nq ,.aid c u: employee for whom he is relieving. - 21 - ARTICLE 24 CONTRACTING OUT WORK - 24.1 No work in job categories covered by this Agreement shall be contracted out at the expense of present employees being laid off. ARTICLE 25 RETROACTIVE FEATURE - 25.1 Any agreement between the parties with respect to any adjustment, wages or salary shall be retroactive to the effective date of this agreement. ARTICLE 26 {WELFARE - 26.1 The Corporation shall pay 100% of the premium cost of the following: (a) Ontario Health Insurance Plan (b) Life Insurance Plan to a value of twice the employee's annual earnings to the nearest $500.00 of annual salary to a maximum of $40,000.00 (c) 35G Deductible Blue Cross Prescription Drug (d) Blue Cross Semi-Private coverage for Hospital Insurance Plan 26.2 The Corporation shall make contributions, on behalf of each participating employee, to the O.M.E.R.S. Basic Pension Plan in amounts required by the Board of O.M.E.R.S. from time to time. 26.3 Parts 1 and 2 of this Article apply only to employees, as defined by clause (a) of Article 2.2, above. 26.4 Part-time employees, as defined in clause (b) of Article 2.2, above, who.have worked in excess of 720 hours since 12 midnight on February 28, 1979, shall be paid by the Corporation an amount equal to 100% of the premium cost of the benefits listed in clauses (a), (b), (c) an'" (d) of Article 26.1, above, for all time worked in excess of those 720 hours in lieu of having such benefits pro- vided for ti the application of this provision shall be on a pro-rata basis consistent with the total numb,--r of Hours worked in a period by a part-time employe-- compered to the total number of hours worked in the same period by an employee. - 22 - WELFARE (Contd.) 26.5 Temporary employees, as defined by clause (c) of Article 2.21 above, who have worked in excess of 720 hours since 12 midnight on February 28, 1979, shall be paid by the Corporation an amount equal to 8% of gross wages earned after such 720 hours in lieu of having the benefits listed in clauses (a), (b), (c) and (d) of Article 26. 1, above, provided for them. ARTICLE 27 COMMUNICATIONS - 27.1 Except where provided elsewhere in this Agreement, any correspondence or matter arising out of this Agreement will be directed to either the Secretary of the Union or to the Town Manager of the Corporation. ARTICLE 28 JOB CLASSIFICATION - 28.1 When the Union or the Corporation is of the opinion that an individual is incorrectly classified or when changes ii l'.?, Ic,iC c- iii Ci'u ?.1C:i u::' .. ._NNGii:?_?i..'•:iiiti CS Cif a p7S4 i.iOi n_ a new position is created, then the Union and Corporation shall negotiate a rate of pay. 28.2 A Job Evaluation Committee shall be established consist- ing of the Town Manager, a Town appointee and an appoin- tee from the Union. This Committee will consider al?. requests for re-evaluation of existing positions and the value to be attached to new positions created within the: bargaining unit.. 28.3 The Union agrees to notify the Corporation in writ:.:::- its appointee to this Conunittee by March of c_c:: y It is agreed that each member of the Committee c._ v- a minimum of one year in the interest of conti.ni--. :,RTICLE 29 SCHEDULES - 29.1 Attached hereto and forming part of t!ii:a the following: Schedule "A" - Outside Unit, Job Classifications, Rates of Pay, Hours of Work and Working Conditions. - 23 - SCHEDULES (Contd.) 29.1 Schedule "B" - Inside Unit, Job Classifications, Rates of Pay, Hours of Work and Working Conditions. ARTICLE 30 COPIES OF AGREEMENT - 30.1 The Corporation agrees to continue its present practice of printing the Collective Agreement in booklet form with one copy to be given to each member of the collective bargaining unit and 50 copies given to the Recording Secretary of Local 129. ARTICLE 31 TERM OF AGREEMENT - 31.1 This Agreement will be for a term of 12 months, commencing on the 1st day of March, 1979 and ending on the last day of February, 1980, and from year to year thereafter unless either party gives notice in writing not more than 90 days prior to the expiration date in any year of its desire to amend same. ARTICLE 32 INTERPRETATION - 32.1 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. THE CORPORATION OF THE TOWN OF PICKERING CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 129 j?- n - Al - SCHEDULE "A" - OUTSIDE EMPLOYEES NO. CLASSIFICATION 1979 RATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Working Foreman (Roads) Lead Mechanic (Licensed) Working Foreman (Parks) Construction Inspector Working Foreman (Sanitation) Mechanic (Licensed) Working Foreman (Arena) (Pool) Gradall Suring Shovel Operator Construction Inspector (1st 90 days) Heavy Equipment Operator - Grader Arena Maintenance Pool Maintenance 12. Lead Hand 13. Garbage Handler 14. Parks & Recreation Maintenance 1.5. Street Sweeper upelai.ur 16. Bus Dispatcher 17. Heavy Equipment Operator (Power. Shovel) 18. Stores Clerk 19. Light Machinery Operator Bus and Truck Driver Vehicle Serviceman 20. Community Centre Custodian 21. Labourer 22. Assistant Stores Clerk 23. Temporary Labourer $8.95/hour 8.68/hour 8.67/hour 8.48/hour 8.35/hour 8.17/hour 8.03/hour 7.96/hour 7.63/hour 7.46/hour 7.37/hour 7.37/hour 7.36/hour 7.30/hour 7.18/hour 7.11/hour 7.05/hour 7.02/hour 6.99/hour 6.86/hour 6.86/hour 6.86/hour 6.82/hour 6.59/hour 6.48/dour 6.12/hour il- SCHEIDULE "A" Continued A.1 It is understood that employees in any of the foregoing classifications will do labour or maintenance work when required. A.2 The Department Heads controlling the Public Works Department and Parks and Recreation Department shall be entitled to designate one or more night duty men from time to time from the bargaining unit and to specify the hours of a nightly working period to be no longer than 8 hours. Such designation for any given employee shall cover a minimum period of one week and may start Sunday evening and run through to Friday morning pro- vided that such designation for any given employee shall not cover a period of longer than 7 days in any given consecutive period and such maximum of 7 days shall be alternated with at least one week of work for such employee on the regular daytime hours. A.3 Employees in the Outside Unit shall work specified daily shifts as follows: Shift Department Daily Shift(s) Type Work Week NO'T'ES Public Works - Sanitation 7.30 a.m. - 4.00 p.m. day Nbn.-Fri. Incl. 2, 4 - Roads 7.30 a.m. - 4.00 p.m. day Mn.-Fri. Incl. 2, 4 Transportation - Works Centre 7.30 a.m. - 4.30 p.m. day Mn.-Fri. Incl 1, 4 4.00 p.m. -12.00 mid- after- Mon.--Fri. Inc! 1, 4 night noon - Transit Various - Any 5 days 1, 4, 5 Parks & Recreation - Parks 8.00 a.m. - 4.30 p.m. day Dbn.-Fri. Incl. 1, 4 - Arena 8.00 a.m. - 4.00 p.m. day ) 4.00 p.m. -12.00 mid- after- As scheduled ght ri mid- noon by Director of 12.00 .?,t- 8.00 ni( a.m. night parks & j 3, 4 - Pool 9.00 a.m. - 5.00 p.m. day Recreation 1.00 a.? - ^.00 a.m. night ) 2. 3. 4. 5. Daly includo(s) one hour unpaid lunch Lreak. (s) Cnc"hal h'3,n7 L'nD3id lunch tc n tt,no c,f a si?ions, daily ,hift(s) include(s) c::a h7u:" ] unc1; Lrcak during %d,,_` ch1 employees are b^ :. v. :Iit10c, `or %,-ork. L`_,i'l-. <.',?i;:t(s) subject to variation by Departimnt Hcad. rAAly shift(s) subject to periodic revision of Transit schedules. - 1.3 - A.4 (1)MiTiloyees in the Outside Chii.t shall b_= paid ages, overtime premium,,, shift premiums and c;nergency premiums for tint: worked in accordance with the follow- ing Table: Basic [cages Hourly rate r. DAY hours worked (1) C A L C U L A T I O N S Overtime Shift Imrgency Premium I Premium I Premium Hourly rate x I non-day shift I Hourly rate x hours worked (2) hours worked (3) hours worked (4) x 20C Abrkweek day x 1 x 1? (afternoon shift) x 13-2 x 25C (evening shift) 6th consecutive day/Saturday (5 x 1' x 135 N/A x 112 7th consecutive day/Sunday (5) x 2 x 2 NjA x 2 Paid Holiday x 20C (Article 21) x 2z x 21,2 (afternoon shift) x D5 x 25C (evening shift) NOTE 1: Maximum eight (8) hours daily. 2: In excess of eight (8) hours daily and forty (40) hours weekly. ?; Maxim n ix_ec^ Orr ! i'LL 4: See Article A.4 (4) 5: Where these days are not part of the enployee's work wkeek, as designated in Article A.3. A.4(2) For the purposes of interpreting the Table set out in Article A.4(1), (a) "6th consecutive day" means the last day in an uninterupted sequence of six calendar days, during each of which an employee has earned wages, and "7th consecutive day" has a corresponding meaning; (b) "holiday" means those days or parts of days referred to in Article 21 and is intr:ncl :d tc apply to the days upon which the decides to observe same; (c) "hourly rate" means the dollar rates se L- ou in the Classification Table referred to i.r. Article A.l, as such rates may be voried from time to time; - A4 -- A.4(2) (Contd.) (d) "hours worked" means the number of hours, to the nearest quarter-hour, worked by an employee in a twenty-four (24) hour period commencing at an employee's starting time; (e) "overtime" means those hours worked in excess of eight (8) in a twenty-four (24) hour period (or forth (40) hours in any work week.) commencing at an employee's starting time, only if the working of those hours has been authorized by the employ- ee's Department Head; (f) "shift" means a shift designated in Article A.3 or, in the case of Transit employees, scheduled by the Director of Transportation; (g) "wages" means the basic remuneration to which an employee is entitled for hours worked, but does not include any stand-by fee or shift premium. A.4(3) No employee shall be laid off at any time from his usual shift in order that the Corporation may avoid the pay- ment of any premium under this Article. A.4(4) When employees are called out in an emergency, they will not receive less than 4 hours pay at emergency premium rates, except that more than one call within 2 hours of any other call shall be considered continuous. A.5 It is agreed that every employee shall be on the job and ready to work at the specified starting time for each working period. Any emplvs uu is a'al to report to work nt the nor mal starting time shall notify the Foreman or Supervisor at the earliest reasonable time. A.6 Every employee shall treat members of the public with courtesy and respect and shall avoid injury to the property of the public, the ratepayers and the Corpor- ation. A.7 The regular pay period shall be every 2 weeks. The Cor- poration agrees to put the pay cheque of the individual employees in a sealed envelope. A.8 Employees requested by the Corporation to use their automobile on the business of the Corporation shall be paid 22t per mile or 14G per kilometre for distance travelled on such business. A.9 The Corporation will allow break periods on the basis of one (1) 15 minute period for each half of the normal working day. A.10 Any employee required to be on stand-by duty shall he paid on the basis of $5.80 per day of stand-by in addi- tion to whatever hours he might have to work. An employee accenting stand-by duty must be avai.lab7e a all t.L illeS Ch::"i. llg such duty for Callo U'? and any of _. t:o be treated :_ ... t'i. `.r discipline. A.11 Any employee who receives a request, during a normal. (1) shift:., to wort: r -?viously unscheduled overtime at the end of such .-hi_fi, and who works such overtime, shall be cl.i.c_,•ible `or a nical allowance in the amount of $3.00 if the period between the employee's last meal bleak and the end of the overtime exceeds five (5) hours. A.11 This provision applies to employees, part-time employees (2) and temporary employees, as defined in clauses (a), (b) and (c) of Article 2.2 of this Agreement. - B1 - SCHEDULE "B" - INSIDE EMPLOYEES The parties agree to the following classificiations in the relevant departments. SALARY GRADE POINT VALUE POSITIONS 1 85 - 95 Clerk-Typist 2 100 - 110 Receptionist-Typist Cashier Clerk II - Accounts Payable Machine Operator II Clerk-Steno 3 115 - 125 Machine Operator I -Clerk: (Works Centre) Parks Secretary 4 130 - 140 By-law Secretary Public Works Secretary Intermediate Accounting Clerk Acquatics Leader Junior Survey Technician 5 145 - 155 Planning Draftsman Building and Plumbing Clerk Committee of Adjustment Sccrct ry 1'ay oil C.,arx Senior Machine Operator Intermediate Computer Programmer 6 160 - 170 Senior Accounting Clerk (2) Planning Assistant (Long Range) Secretary to Town Clerk Youth Leader Sports Leader 7 175 - 185 Survey Technician 8 190 - 200 Dosign Draftsman 'lannir.g Assistant (Implementation) :,ami nistrr:tion Supervisor Accolintant 9 205 - 23.5 =i is ? < ,i_:>i:ant (Planning) 10 220 :225 '.1.: ). C. il8i"tQ Sal". '? ., .i ?ArV2:.,. 11 240 - •6,) „p]-cmvntation _,nt: Ranac .1 1 - B2 - 0 0 0 0 0 0 0 0 0 0 0 %D C) O o 0 0 C. 0 0 0 0 0 W r-i kD rn M lM 0) rl dr M 10 '00 ' W d' M l0 ri r M d' d' N rn r, F N 00 'd' N rn co 10 rn rn rn n . 14 ri N M M d' rf) 1D r- co O rl ri . 1-1 ri ri ri ri ri 1-1 ri N O O O O O O C. O O O O rn O O O O O O O O O O O (lr co r-1 co 1D M rn d' co N rn n W dr m d' W C. N r1 DD M N- co F O 1D N rn r- rn m ri 1-1 14 O VJ ` ri ri N N M d' In 1D t` co O r-i r-i N O O O O O O O O O O O d' C. O O O O C. O O O O O Qr rn tp rl rn 1-1 rn r- N r--1 N 1D W rn N M r-i m r -l w M d• O m F co d' O r- d' N rn co r h M to C. ri N N M ?r d' rn' lD r rn rA ri ri r-1 ri r i r-i ri r-4 ri 14 O O O O O O O O Cl O O M O O O O O O O O O O O 04 N r-1 d' N rn rn O w O rn rn W m N 'i ? 1f) O l9 h Ln r O F 1D N co -Cl. r? rn 1D d' M N r- rn ` O rl ri N M M cM r l0 r-A O ' r--1 r-i r? r-i r-i rl r-i -4 r- r-4 r{ ri t0 W L Q O O O O O C. O O O O O fC N O O O O O O O O O O O W (? U W rn 1 q rn m (4 o m m c a [s] l0 r1 rn M N W CO rn M N f d' F d O rf N CO rf M rl 0 00 CD O ri 1-1 N N M d' rn rf) kD 00 L+ i =: i r-t r- ri ri r t ri r-3 ri r-i ri r-i W a N x o 0 0 0 0 0 0 0 0 0 0 Cn r-i O O O O O O C. O O O O U r • ON W l0 r-f 00 co rn m1 lD d ' ko rl m V] ri W r ri O ^ ri 00 O lD \D N N F N co M rn tD N O r lf) d' M O O r-i rl N M d' V' 1f) 10 r r-i r-i r? ri r? r-i ri ri .-i rl r-i O O O O O O O O O O O O O O O O O O O O O O M l0 M r-i m Cr) rn co r d' N co O 1D M d' h r- CD Ol M O l0 r? h M rn to d' ri Ol lD O O r-i r-i N N re) d' 1f) V) l0 li r-i r-i ri r? r-i I r1 r-I r-A ri W V ?i O r. (S O O J C) . V a) ri O O O O CJ CJ G O Ci (:) U V F ri . 0) 0 r i i C"1 l - t.: ? ? 1O ? lfl ' a t_') (-? (7 _ r N C`a N N ri rU ri N M V t!) lJ N CU O) O r-i N N r-i r-1 to U -B3 - B.1 Employees in the Inside Unit shall work, specified daily shifts as follows: ? SHIFT I DEPARTMENT DAILY SHIFTS TYPE WORK WEEK NOTES Clerk Manager 8:30 a.m. - 4:30 p.m. Planning or Day Mon.- Fri. Incl. 1,2 Public Works 9:00 a.m. - 5:00 p.m. Treasury Parks & Recreation! As scheduled by - Aquatics Leader Various Director of Parks ' - Sports Leader , & Recreation - Youth Leader (maximum forty 1,2,3 (40) hours weekly) i -Other 8:30 a.m. - 4:30 p.m. or Day Mon.- Fri. Incl. 1,2 9:00 a.m. - 5:00 p.m. ' Note 1: Daily shift(s) include(s) one hour unpaid lunch break. 2: Selection of daily shift( s) is in sole discretion of Department Head. 3. Daily shift(s) subject to vari ation by Department Head. B.2 (1) Employees in the Inside Unit shall be paid wages and overtime premiums for time worked in accordance with the following Table: PERIOD BASIC WAGES ( OVERTI14E PREMIUM Work Week Salary as per Schedule "B" N/A Salary Grades 52 Hour N/A Hourly rate x hours worked x 1-1/2 (2) Sunday (3) N/A Hourly rate x hours worked x 2 Paid Holiday Hourly rate x hours worked Hourly rate x hours "orked (Article 2.1) r. 2-1/2 (1) x 2-1/2 (2) Note 1: Maximum eight (8) hours daily - Aquatics, Sports & Youth Leaders only; Maximum seven (7) hours daily - All others. 2: in excess of eight (8) hours daily or forty (40) hours weekly - Aquatics, :torts & Youth Leaders only; In excess of =even (7) hrnirs daily or thirty-five (35) All others, t:nere Sunday is not part: of the employee's work week, as designa- ted in Article G.1., .:y' :nearr r. w _z,rts of days refcrrod intcndcC 1Y to t1ua days upon which the Oo.?rp3ratir,:. Y o oS;.... } di_v.ulin7 the weekly tiaayc of an ,_i:n.. ?.; ri":• .:?.ucber ci: wor}:ed in a normal work week (i.e. 40 hour= fo: Sports and You Ch Leaders, 35 hours for all other:); (.:) "hours worked" scans the number of hours, to the nearest quarter-how:, worked by an employee in a twenty-four (24) hour period commoncing at an employee':; starting time; - 134 - (d) "overtime" means those hours worked in excess of, (i) eight (B) in a twenty-four (24) hour period, or forth (40) in any work week (for Aquatics, Sports and Youth Leaders only), and (ii) seven (7) in a twenty-four (24) hour period, or thirty-five (35) in any work week (for all others), commencing at an employee's starting time, only if the working of those hours has been authorized by the employee's Department Head; (e) "wages" means the basic remuneration to which an employee is entitled for time worked. B.3 The Corporation will allow break periods on the basis of one (1) 15 minute period for each half of the normal work day on the understanding that such period of time represents the maximum time that the employee will be away from his work station for this purpose. B.4 It is agreed that every employee shall be on the job and ready to work at the specified starting time for each working period. Any employee who is unable to report to work at the normal starting time shall notify the Department Head at the earliest reasonable time. B.5 Every employee shall treat members of the public with courtesy and respect, and shall avoid injury to the property of the public, the ratepayers and the Cor- poration. B.6 The regular pay period shall be every 2 weeks. The Corporation agrees to put L;lr111_11 oI ii)e individual employee in a seared envelop:. B.7 Employees requested by the Corporation to use their automobile on the business of the Corporation shall be paid 22C per mile or 14C per kilonetre for distance travelled on such business. B.8 The movement of an employee from one level to the next level of his or her range will be determined by the anniversary date of his or her years of service in the particular job category in which he or she is placed. Subject to the specific approval of the incumbent's Department Head, an employee will be considered for advancement from one level to another every 12 months, except in the instance of an employee in the minimum salary grade, where the review period will be 6 months. In the event that the Department Head withholds approval to a salary adjustment on the employee's anniversary date, the reason shall be stated in writing to the employee by the Department Head. B.9(1) Any employee who receives a request, during a not-1,1 s!•4 `t, ..ork previously unscheduled overtime at the end of such shift, and who wc;}: :m.,:h Overtime, shall be eligible for a meal -allowance in the amount of ;;3.00 :L_ ueriod between the employee's last meal break and the end of the over:i.rie . . _'ive (5) hours. ..9(2) This provision applies to employees, pact-time porgy empL,:.r , as defined in clauses (a) , (b) and (c) or ?,r1 4 re r1•ni-.