HomeMy WebLinkAboutBy-law 4404/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4404/94
Being a by-law lo ratify the terms of a Memorandum of
Settlement dated January 21, 1994 between The
Corporation of the Town of Pickering and Pickering
Professional Firefighters' Association respecting a
Collective Agreement having a two year term beginning
January 1, 1993 and ending December 31, 1994, and to
authorize the execution of that Collective Agreement.
WHEREAS, pursuant to section 5 of the Fire Departments Act, R.S.O. 1990, chapter F.15, the
Negotiating Committee of the Council of The Corporation of the Town of Pickering has come to an
agreement with the Bargaining Committee of the Picketing Professional Firefighters Association for the
purpose of defining, determining and providing for remuneration, pensions and working conditions of
the full-time firefighters of the Town's Fire Department for the period January I. 1993 to December 31,
1994, both inclusive; and
WHEREAS, pursuant to sections 207.45, 207.46, 207.47, 207.48 and 207.49 of the Municipal Act,
R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Picketing may pass by-laws
for providing various forms of remuneration, pensions, benefits and insurance for municipal employees;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Memorandum of Settlement dated Janua~ 21, 1994, between The Corporation of the Town
of Pickering and Pickering Professional Firefighters' Association, a copy of which is attached
hereto as Schedule A, is hereby ratified.
2. The Mayor and Clerk are hereby authorized to execute a Collective Agreement, in the form
attached hereto as Schedule B, between The Corporation of the Town of Pickering and Pickering
Professional Firefighters' Association respecting the period beginning January 1, 1993 and
ending December 31, 1994.
B Y-LAW read a first, second and third time and finally passed this 22rtd day of March, 1994.
TOWN OF
APPROVED
Wayne Art~hurs, 'l~ayor
LEGAL DE~-,'-. ~ruce Taylor, Clerk
M5201(M)
SCF~DOI~E "A"
MEMORANDUM OF SETTLEMENT
BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING
AND
PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
THE UNDERSIGNED REPRESENTATIVES OF THE PARTIES AGREE THAT
THE POINTS ENUMERATED IN THE ATTACHED PROPOSAL OF
SETTLEMENT SHALL BE ACCEPTED BY THEM IN FULL AND FINAL
SETTLEMENT OF ALL MATTERS REMAINING IN DISPUTE BETWEEN
THEM. THE UNDERSIGNED AGREE AND UNDERTAKE TO RECOMMEND
THIS SE'I~LEMENT TO THEIR RESPECTIVE PRINCIPALS FOR
RATIFICATION AND APPROVAL.
HOWEVER, IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN
THE PARTIES THAT SHOULD THE PRINCIPALS OF EITHER REJECT THIS
PROPOSAL OF SETTLEMENT, THE PROPOSAL FORTHWITH SIIALL
BECOME NULL AND VOID AND THE COLLECTIVE BARGAINING AS
BETWEEN THE PRINCIPALS SHALL REVERT TO THE OPENING
POSITIONS TAKEN BY THE PRINCIPALS IN THEIR ORIGINAL
SUBMISSIONS IN ACCORDANCE WITH ARTICLE 24.01 OF THE
COLLECTIVE AGREEMENT DATED JANUARY 1, 1992.
DATED AT PICKERING THIS ~--I DAYOF'~"~(~'-'3~ 1994
~"C~M~~'FOR THE ASSOCIATION ~.~..T~
ARTICLE 3.04
AMEND TO READ
Yue Prevention Officer, Training Officers and Fire Inspectors shall work a system of 40
hours per week to be determined and scheduled in advance by the Fire Chief, providing
that the system shall in no way impair the efficiency of the department.
Signed on behalf of the Signed on behalf of the
Fixe~.fighters' Association Co~
..........
..............................
ARTICLE 5.02
AMEND TO READ
The following are considered as statutory holidays:
New Year's Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day December 24th
Canada Day Christmas Day
Civic Holiday Boxing Day
Signed on behalf of the Signed on behalf of the
Firefighters' Association Co~m~
ARTICLE 10.01
AMEND TO READ
The following shall be the scale of annual salaries to be paid bi-weekly to Employees:
Signed on behalf of the Signed on behalf of the
ARTICLE 10.03 (NEW)
AMEND TO READ
Payment Schedule
Overtime pay and callback pay shall be paid monthly in arrears; this payment schedule
shall be re-examined in six months with a view to determining whether such pay can be
made on a bi-weekly basis.
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corporation ~ ~ ~
...........................
ARTICLE 11.00
AMEND T_._.O READ_
Change heading to:
ARTICLE 11 - PROMOTIONS, SENIORITY, LAY-OFF & VACANCIES
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corporation
ARTICLE 11.09 (NEW)
AMEND TO READ
Filline Vacancies
11.09 Where the Corporation determines that it will fill a vacancy created by the
resignation, retirement, death or dismissal of an employee, the Corporation
shall fill that vacancy within 60 days of its creation, except as may be
agreed between the parties.
Signed on behalf of the Signed on behalf of the
ARTICLE 12.06
AMEND TO READ
That leave for Association business be without loss of remuneration or seniority for forty
(40 days)
Signed on behalf of the Signed on behalf of the
.~ghters' Association Corporation
4~.,~__.-_.z._~_~ ~ - .~~ ,~.~_: .......
ARTICLE 16.01
AMEND TO READ
(f) One uniform cap eveq, two years, and cap badge as reasonably required;
(1) One pair of leather ftrefighting gloves;
Signed on behalf of the Signed on behalf of the
Firefighters' Association '
............................
ARTICLE 24.01
AMEND TO READ
That this Agreement shall be in force and effect from January Ist, 1993 until December
31st, 1994 and from year to year thereafter.
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corpora¢~on ~
LETTER OF UNDERSTANDING
ARTICLE 4.00
The Parties agree to discuss, through the Labour-Management process,
(1) Entitlement to vacation after leave of absence, absence due to sickness or
absence due to accident, for more than 12 consecutive months, and
(2) pro-rating vacation entitlement in a year in which an employee leaves the
Corporation's employment, for whatever reason.
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corporation
LETTER OF UNDERSTANDING
ARTICLE 5.03
The Parties agree to discuss, through the Labour-Management process, the issue of lieu
days - whether they all ought to be available to be taken as days off or not, if so, under
what circumstances.
Signed on behalf of the Signed on behalf of the
F'wefighters' Association Corporation
/ j~~//~· ~ ~_ ~._~_~~- ..... ~ ..... , .............
......
LETTER OF UNDERSTANDING
ARTICLE 10.00
The Parties agree to discuss, through the Labour-Management process, the issue of
Platoon Chiefs within the Fire Department organizational structure.
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corporation ~j
~.~~,~×/~_ ~~---· .....
LETTER OF UNDERSTANDING
ARTICLE 19.00
The Parties agree that an employee and the Association's Grievance Committee shall have
the right to meet with,
(I) the F'Lre Chief/Deputy Chief at Stage 1 (and a letter will be issued to the F'a'e
Chief/Deputy Chief to this effect)
(2) the Town Manager at Stage 2 and
(3) the Executive Committee of Council at Stage 3.
The Parties further agree to discuss, through the Labour-Management Committee process,
the revision of the Grievance Procedure.
Signed on behalf of the Signed on behalf of the
F'treflghters' Association Corporation
.......
LETTER OF UNDERSTANDING
The Parties hereby withdraw all other proposals relating to 1993 and/or 1994 Negotations
and agree that they shall withdraw the referral to Arbitration of the 1993 Negotations.
Each Party shall absorb its own costs, if any, of that Arbitration.
Signed on behalf of the Signed on behalf of the
Firefighters' Association Corporation
THIS AGREEMENT made as of this 1st day of Sanunry, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERI~G
hereinafter called the "Corporation"
OF THE FIRST PART,
and
PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
hereinafter called the "Association"
OF THE SECOND PART.
WHEREAS the Parties hereto wish to establish and maims, in collective bargaining relations 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 Firefighters and Fire Dispatchers who are subject to the provisions
of this Agreement;
NOW THEREFORE, THIS AGREEMENT WITNESSETH:
AI~TII-~ 11 1 - SCOPE OF AGRm~II~'~IT
1101 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 Firefighier of the Town of Picketing Fire Depa~lment,
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 Department.
ARTICLE 2 - RECOGNIIION
2.01 The Corporation retains the sole right to manage all services and direct the wot&lng 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 ~ransfer or a
claim that any Employee has received a written reprimand or been discharged, penalized or
suspended without just cause shall be the subject of a grievance and dealt with as provided in
Articles 18 and 19.
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 grievances with Employees subject to the f'mal approval of any
Agreement by the Corporation.
2.03 The Coq~oration recognizes the Association as the exclusive bargaining agent for all
Employees, 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 mica and
regulations of the Department as established and published by the Fire Chief from time to time.
2.05 Ail Employees that are now members of the Association shall remain members thereof and the
~ew Employees of the Department shall become members of the Association within the first 30
days of their probationary period and will continue their membership in good standing in the
Association as a condition of continued employment.
2.06 The Corporation and the Association ai~e to keep each other advised, in writing, of the names
of the Executive Committee and the Bargaining Committee.
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 suppoxt of any other organization.
ARTICI~ 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 42 hour week on the avernge, based on the two platoon
system, consisting of a ten hour day and a fourteen hour night.
3.02 Wod, i,! Schedule - 42 Hon~ Per W~ek
Days 1st Week 10 l0 10 10 40
Nights for 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 Fire 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 Officer, Training Officers and Fire Inspectors shall work a system of 40 hours
per week to be determined and scheduled in advance by the Fire Chief, providing that the
system shall in no way impair the efficiency of the Department.
ARTICLE 4 - VACATIONS
4.01 AIl Employees who have completed the years of service shown below on their seniority dates
shah be entitled to the corresponding vacation with pay:
~ ~ of Vacation with Pay_
Less than one year One day for each complete month of service
to a total of two weeks
One year but less than four years Two weeks
Four years but less than nine years Three weeks
Nine years but less than seventeen
years Four weeks
Seventeen years but less than
lwenty-five years Five weeks
Twenty-five years or more Six weeks
4.02 Employees' vacation periods shall be drawn by seniority. Three employees f~om each shift may
take thc same vacation period at the sat, ne time. At the discretion of the Fi~ Chief, those
Employees who are entitled to more than two weeks vacation may choose their entire allotment
on a consecutive week basis if desired. After each Employee has had the opportunity in turn of
making thi~ choice, seniority shall again govem with respect to those Employees entitled to
additional vacation periods using the above formula.
4.03 No vacation time shall be lost as a result of an occupational illness or accident incurred in the
performance of duty.
4.04 Vacation date requests shall be submitted to the Fire Chief on or before December 1st of each
year and the Vacation Schedule shall be posted on or before December 31st of each year.
4.05 Vacations shall not be accumulative without the .special p~rmissi, on of the Town Manager.
Only one vacation accumulation or extended vacatton will be pemutted dtuing each three yea~
period.
4.06 An employee who is an admitted in-patient in hospital or confined under doctor's direction as a
result of illness or injury occurring ~ his scheduled vacation may have his
vacation re-scheduled, if possible.
4.07 Eligibility for vacation re-scheduling under .article 4.06 shall require a medical certificate
stating the inclusive dates the employee was admitted or confined and the date of the
occurrence of the illness or injury.
ARTICLE 5 - STATUTORY HOLidAYS
5.01 All Employees shall be entitled to t~elve 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 Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day December 24th
Canada Day Christmas Day
Civic Holiday Boxing Day
5.03 Such statutory holidays shall be taken by Employees as follows:
(a) Three days' pay, and
(b) Either nine days' pay or nine days off duty or any combination thereof at the
Employees' option providing that this option has been stated in writing prior to
February I st in the year in which the statutory holidays occur.
(c) An employee who is an admitted inpatient in hospital, or coniVmed under Doctor's
direction as a result of illness or injury occurring immediately prior to his scheduled
statutory holiday time off, may have his statutory holiday re-scheduled, if possible.
(d) The payment of statutory holiday pay shall be on the f~rst pay in December, ff possible.
ARTICLE 6 - WOi~R'I~S' COMPI~ISATION
6.01 When an Employee is injured at work and in receipt of Workers' Compensation in lieu of his
regular pay, the Corporation will make up the difference between such com~nsation and his
regular pay.
7.01 Each Employee shall be entitled, upon completion of three month's employment, to sick leave
with pa.y. ("sick leave") which shall accumulate at the rate of 1-1/2 days per month of service.
To qualify for sick leave with pay, an Employee shaH, when requested by the Corporation,
produce evidence of illness reasonably satisfactory to the Corporation.
7.02 An unbroken month of service shall be one where an Employee is employed on all his working
days in the month and is not absent from his duties other than on account of:
(a) accident or illness;
(b) leave of absence granted under Article 12;
~c) bereavement leave granted under Article 13.
7.03 The Town will establish a Sick Leave Bank for the benefit of Association members.
7.04 Where an Employee is entitled, as of the end of December 31st in any year, to adcumulated
sick leave in excess of two days, all but two days thereof will be carried forward to the next
year for that Employee's use.
3
7.05 Any amount of sick leave to which an Employee is otherwise entitled but which will not be
carried forward to the next year pursuant to Article 7.04 shall be accumulated in the Sick Leave
Bank.
7.06 Where an Employee has exhausted his sick leave entitlement and is unable to work because he
is sick, he may apply to the Corporalion for a draw upon the accumulated sick leave, ii: any, in
the Sick Leave Bank.
7.07 Upon receipt of an application for a Sick Leave Bank draw, the Corporation shall notify the
A~sociation of the name of the employee applying and the amount of sick leave applied for, if
known.
7.08 The Corporation shall grant an application for a Sick Leave Bank draw only where,
(a) the Sick Leave Bank has accumulated sick leave sufficient to cover the draw; and
(b) the Association consents in writing to the draw.
ARTI~..E 8 - HOSPITAL & blEDICAL COVERAGB
8.01 The Corporation shall pay 100% of the premium cost of the following:
(a) Ontario Health Insurance Plan;
(b) Life Insurance to two and a half thnes the annual salary of the Employee to the nearest
$100.00 including an accidental death and dismemberment provision;
(c) Major Medical Plan including Prescription Drugs;
(d) Long Term Disability Plan providing 75% of salary under Article 10 subject to a
maximum of $4,000.00 per month; there shall be a 17-week waiting l~riod before
commencement of LTD benefits;
(e) Vision care plan to provide up to $175 every two year~ for glasses and/or contact
lenses;
(0 Dental Plan equivalent to the Blue Cross Plan Number 9, utilizing the 1991 O.D.A.
Fee Schedule, and to include Orthodontic coverage for dependent children to a $1,500
lifetime maximum with a 50%/50% co-insurance.
8.02 Each employee, as a condition of employment, will participate in the Life Insurance Plan
referred to in Article 8.01(b), above.
ARTICLE 9 - RLrHRI~'S
9.01 The Corporation shall pay 75% of the premium cost of the following benefits for employees
from the date of retirement to age 65:
(a) Ontario Health Insurance Plan;
(b) Major Medical Plan including Prescription Drugs.
ARTICLE 10 - SALARIES
10.01 The following shall be the scale of annual salaries to be paid bi-weekly to Employees:
I st Class F~refighter $51,139.00 $51,344.00
2nd Class F[refighter
- 90% of 1st Class Firefighter $46,025.10 $46,209.60
3rd Class Firefighter
- 80% of 1st Class F~refighter $40,911.20 $41,075.20
4th Class Fh'efighter
- 67.5% of 1st Class Fixefighter $34,518.83 $34,657.20
Captain
- ! 15% of 1st Class Fir~fighter $58,809.85 $59,045.60
Fire Prevention & Train~g Officers
- 118% of lsl Class Firefighter $60,344.02 $60,585.92
Fire Inspector - Grade I
- 100% of I st Class Firefighter $51,139.00 $51,344.00
Fire Inspector - Grade 11
- 90% of 1st Class Firefighter $46,025.10 $46,209.60
Dispatcher - (First Six Months)
- 65% of 1st Class Firefighter $33,240.35 $33,373.60
Dispatcher o (After First Six Months)
- 71% of 1st Class Firefighier $36,308.69 $36,454.24
Dispatcher o (After 60 months)
- 73% of I st Class Firefighter $37,331.47 $37,481.12
10.02 The Corporation shall withhold from the wages of all Em.~.loyees all monthly dues and
assessments i~roperly levied by the Association members and will transmit same to the Treasurer
of the Association at such time or times in each year az shall be mutually agreed upon by the
Corporation and the Association.
(l) Or, mime
Overtime pay will be paid quarterly at the rate of 1-1/2 times the normal hourly rate of
pay and shall receive a minimum of one hour's pay at time and one half.
(2) Callha~
Any Employee who has completed a regular scheduled shift and gone home, if called
back in for extra service shall receive 1-1/'2 times his normal hourly rate of pay and
shall receive a minimum of one hour's pay at time and one half.
(3)
Overtime pay and callback pay shah be paid monthly in arrears; this payment schedule
shall be re-examined in six months with a view to determining whether such pay can be
made on a bi-weekly basis.
10.04 When an Employee is subpoenaed to court as a result of performlng his duties, he shall be paid
straight time and, if off-duty, he shall be paid at the rate of 1-1/2 times his normal hourly rate of
pay.
10.05 Statutory holidays shall be calculated at the rate of 1/182 of a year's wages for their particular
raflk.
10.06 Employees requested by the Corporation to use their automobile on the business of the
Corporalion shall be paid travel expenses for distance travelled in accordance with the
provisions of By-Law 3866/91. as amended from time to time, or any successor thereto.
ARTW'I .~i 11 - PROMOTIONS. SENIORITY_. LAYOFF dc VACAN~fl~g
11.01 (1) When a Firefighter i~ hired, he shall be on prob~ion for a period of twelve months.
(2) After serving the probationary period, each Firefighter shah he reviewed by the Fire
Chief with a view to advancement.
(3) Thereafter, each F[refighter 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 Department shall serve a
probationary period of six mooths. In the event that a Firefighter promoted to the
position of Officer is not confU'med, 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.
5
(5) Labour Management meetings will occur on a quarterly basis as envisioned in the Letter
of Understanding dated September 23, 1992 between the panics.
1.02 When a Dispatcher is hired, he shall be on probation for a period of 90 days.
1.03 Recommendations for all promotions of Dispatchers shall be based upon seniority of years of
service within the Depamnent, 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.
1.04 (1) In determining an Employee's length of service for seniority purposes, computation will
begin on the date the Employee began work. Former P. mployees re-entering the service
after continuity of service has been broken by any 'reason (Her Majesty's Service
excepted) shall be considered 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 ha'~e acquired seniority
and shall be credited with seniority in accordance with clause (1), above.
1.05 Seniority shall mean seniority of an Employee within his particular employee group (i.e.
Firefighters or Dispatchers).
1.06 A seniority list shall be posted by the Corporation in all f'~rehalls each year by January 15th.
l.~y-Off Procedme -
1.07 Il) In the event of a reduction in the Fizefighter work force, [ay-off shall commence with
the Firefighter with the least amount of seniority with the Firefighter group, provided
the more senior firefighters remaining are able to perform the work required.
(2) Firefighters so laid off shall retain, but seal] not accrue, their seniority while laid off. In
the event of re-call or increase in the work force, positions will be filled in rever~e
manner to the lay-off.
(3) A Firefighter shall be deemed to have resigned if, ILfter lay-off,
(a) he fails to acknowledge his availability to report to work within five days
(excluding Saturdays, Sundays and statutory holidays) after the date the notice
of re-call is sent by registered mail to the last address provided by the
Firefighter, in writing, to the Corporation's Personnel Office; or
(b) he fails to report to work within ten days after notice of re-call is issued.
1.08 { 1) In the event of a reduction in the Dispatcher work force, lay-off shall commence with
the Dispatcher with the least amount of total departmental seniority with the Dispatcher
~roup.
(2) Dispatchers so laid off shall retain, but shall not accrue, their seniority while laid off. In
the event of re-call or increase in the work force, positions will be filled in reverse
manner to the lay-off.
(3) A Dispatcher shall be deemed to have resigned if, after lay-off,
(a) he fails to acknowledge his availability to t~Dorl to work within five days
(excluding Saturdays, Sundays and statutory holidays) after the date the notice
of re. call is sent by registered mail to the last address provided by the
Dispatcher, in writing, to the Corporation's Personnel Office; or
(b) he fails to report to work within ten days after notice of re-call is issued.
11.09 Where the Corporation determines that it will fill a vacancy created by the resignation,
retirement, death or dismissal of an employee, the Corporation shall £fll that vacancy within 60
days of its creation, except as may be agreed between the parties.
ARTK~-~ 12 - I~AVB OF
12.01 ~e Co,ration may ~t leave of absent, wi~out pay ~d without loss of ~ofi~ or
~cupation~ cl~s~cation, to ~y Employee ~quest~g such leave for a g~ ~d sufficient
cause.
12.02 Sub~ to the approv~ of ~e To~ M~ager, the F~ C~ef may gr~t l~ve of absen~ wiffi
pay to ~ Employ~ u~n ~y s~ci~ ~ound~, ~ ~ ~fiod of ~y such leave of ~sence
~ ch~ged ag~st ~e Employee's sick leave crests.
12.03 ~1 ~quests for leave of absence sh~l ~ ~ wfit~g.
12.~ ~ employ~ may o~y ~mulate se~o~ty dung ~e C~t ~ee mon~ of a ~ leave of
~nce ~der ~y of ~ ~icle.
12.05 ~en ~ Employee is sub~n~d ~ a co~ wimess, he shffi not suffer my loss of s~ or
wages w~e so se~g, provided that.the Co~ra~on sh~ ~ ob~g~' to pay offiy the ~e~nce
~n such Employee's compensation for ~ wimess fee or conduct money ~ a wi~ ~d
the s~ or wages w~ch he would o~e~e have e~ed had he wo&ed ~e re~l~ wor~g
day ~volv~.
12.~ ~ave of absence wi~out ~ay or loss of se~ofi~ to affend to Association bus~s wffi
gr~t~ to ~y employee fur ~ accumulated ~p~ment~ m~ of fo~ days ~ ~y
c~end~ ye~, proving a replacement or replacemen~ acceptable to ~e F~e C~ef is or ~e
provided by ~e Ass~iation.
ARTIC'I~ 13 - BEREAVI~II~qT LIL~
13.01 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 relative living with the Employee.
13.02 An Fanployee shall he allowed one day off with pay when death occurs of a sister-in-law,
brother-in-law, grandparents, son-in-law, daughter-in-law or grandchild, in order to a~tend the
funeral and such leave shall be charged against the sick leave credits of the Eanployee.
14.01 (1) The Corporation shall continue its contribution and the con. tributions of its employees to
the present O.M.E R.S Pension Plan which presently provides a pension equal to 2% of
the Employee's annual contributory earnings during the 60 consecutive months of
highest contributory earnings.
1. multiplied by the number of years of credited service since enrolment in
O.M.E.R.5. after January 1st, 1966 (maximum 35), and
2. when the member is entitled to a pension under the Canada Pension Plan,
reduced by the lessor of:
(a) the average of YMPE for the year the)
( member retires and the two preceding)
( years, or )number of
( )years credited
( )service since
( )em'olment in
( )O.M.B.R.S.
( )X
0.7% X (b) pensionably earnings which are )aher January 1st,
( average annual contributory )1966
( earnings during the 60 )(maximum 35)
( consecutive months of )
( highest contributory earnings)
(2) For Firefighters only, the Corporation shall pay 100% of the cost of an O.M.E.R.S.
Type 1 Supplementary Pension Plan using the 2% Formula.
1.4.02 The Employee's record of the pension contributions shall be made available for individual
approval annually.
l~t.03 All Employees shall, as a condition of employment, participate in the Pension Plan in effect at
the time of commencement of employment.
14.04 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.
ARTICI.~ 15 - llqDl~iH]lnICATION
15.01 Where an employee charged with a criminal or statutory offence while performing his
responsibilities and flowing from his duties is acquitted of such charges, the employee shall be
reimbursed for any reasonable legal expenses that have been taxed pursuant to the Solicitor's
Act and incurred as a result of such charges.
15.02 The Corporation will continue the coverage under its present existing general liability
iusuraace or equivalent coverage.
ARTICI_~ 16 - UHIFORblS & BO_UIPMIUqT
Uaifom~s & ~ -
16.01 The Corporation shall supply all full-time Firefighters with the following:
ta) one double-breasted style tunic every three years for all Firefighters and one
single-breasted style tunic for all officers every three years.
(b) three pairs of uniform pants every two years (to alternate with summer weight pants);
lc) four uniform shirts each year (two shins to be short-sleeved);
(d) two uniform ties each year;
(e) one uniform winter coat every four years;
(t') one uniform cap every two years, and cap badge as reasonably r~cluired;
(g) two light blue permanent press fatigue shins each year;
(h) two pairs of dark blue permanent press fatigue pants each year;
(i) one pair of robber boots, for renewal at the discretion of the Fire Chief;
one safety helmet with front name shield and flip-up shield affixed, for renewal at the
discretion of the Fire Chief;
(k) A two-piece protective ensemble consisting of a protective coai and trousers which
conforms to the CANADIAN GENERAL STANDARDS BOARD standard CAN
CSGB-155.I-M88 and shall also include a winter liner and have one internal and two
external pockets;
(1) one pair of leather firefighting gloves; and
(m) insoles as needed.
in) one pair of black leather safety shoes to all Firefighters permanently assigned to the
Fire Prevention Division.
with shoulder flashes to be affixed to both shoulders of new uniforms when supplied,
including shins, tunics and winter coats. All tunics will have one service bar affixed
for every five years of service.
16.02 The measuring and ordering of undorms shall be completed by March Is! of each year.
16.03 The Corporation shall pay to each Firefighter a cleaning allowance of $90.00 per annum b~fore
January 31st each year.
16.04 The Corporation agrees to permit the association, to provide beds and. bedding, at each. fireball,
for use of Firefighters on night shift. The Assoctation will be responsible for all costs revolved,
including the cost of laundry, and under no circumstances will the Corporation assume any
portion of such costs, either directly or indirectly.
Unifonm & ~ - Dis~_ c~rm
16.05 The Corporation shall supply all full-time Dispatchers with the following:
(a) one double-breasted style tunic every three years;
(b) three pairs of uniform pants or skirts every two years (to alternate with summer weight
pants or skirts)',
(c) four uniform shirts each year;,
(d) two uniform ties each year;
(e) one uniform winter coat every four years; and
one uniform cap every two years;
with shoulder flashes to be affixed to both shoulders of new uniforms when supplied,
including shirts, tunics and winter coats. All tropics will have one service bar aff'~xed
for every five years of service.
16.06 The measuring and ordering of un~.forms shall be completed by March 1st of each year.
16.07 The Corporation shall pay to each Dispatcher a cleaning allowance of $90.00 per annum before
January 31st each year.
17.01 When no Captain (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 1st Class Firefighter previously designated as an Acting Captain, or
(b) if no such 1st Class Firefighter previously designated as an Acting Captain is on duty
in the Dep~u~ent, the most senior qualified Fircflghter who is on duty,
shall be required by the Fire Chief to perform the duties of a Captain and shall be paid a~ a
Captain rate while performing those duties.
17.02 Article 17.01 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) A Fire Inspector
17.03 When the Fire Prevention Officer is not on duty in the Department, a Fire Inspector - Grade I -
may be required by the Fire Chief to perform the duties of the Fire Prevention Officer and, if so
required, shall be paid at the Fire Prevention Officer's rate.
ARTICL~ 18 - DI~CHARGI!. OR DISCIPLIHlt
18.01 Where discipline, discharge or the interpretation of the Collective Agreement with respect to an
individual employee is being discussed with an employee, the employee shall be entitled to
have another member of the Association present.
18.02 The procedure governing discharge cases shall be pursuant to section 4 of the Fire Departments
Act.
18.03 Cases involving aUeged unjust discipline or suspension shall start at Stage I of the Grievance
Procedure.
18.04 A Firefighter or Dispatcher who is exonerated under section 18.02 hereof, or 18.03 hereof, shall
be reinstated and paid his salary for the time lost.
ARTICLE 19 - GRIEVANCE PROCEDURE
19.01 The Association shaft 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.
19.02 In the event of a complaint or grievance relating to the interpretation, 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:
STAGI~ 1 The Employee may take up the matter in writing with the Fire Chief
or Deputy Chief not later than two days after the day of the incident
complained of.
STAGE2 If the matter is not settled by the Fire Chief or Deputy Chief within
two days of the day it was taken up with him at Stage 1, the
Grievance Committee, accompanied by the Employee, may take the
matter up with the Town Manager within two days of the day it was
first taken up with the Fire Chief or Deputy Chief by the Employee.
STAGE 3 If the matter is not settled by the Town Manager within five days of
the day it was taken up with him at Stage 2, it may be referred by the
Grievance Committee to the Executive Committee of Council, within
seven days of the day it was taken up with the Town Manager.
STAGE4 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 A~icle 20 of this
Agreement within seven days of the day it was first taken up with the
Executive Committee of Council.
19.03 In case a group of Employees has a grievance, it shall be taken up by the Grievance Committee
starting at Stage 2.
19.04 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 Pan'y by the other at Stage 2 within and not after ten days of the day of the incident
complained of.
19.05 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.
19.06 At any Stage of the Grievance Procedure, including arbitration, the conferring pa.~ies may have
the assistance of the Employees concerned and any necessary wimesses, and all reasonable
arrangements shall be made to pemtit the conferring parties to have access to the DepaaiH,ent,
to view disputed operations and to confer with the necessary witnesses.
19.07 A decision at any Stage of the Grievance Procedure shall be in writing.
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ARTIC].~ 20 - ARBITRATION
20.01 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 Pa~ties may, after exhausting the Grievance Procedure ns set out in
Article 19, notify the other Party in writing of its desire to submit the difference or allegation to
arbitration. 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 J'ustice and Attorney-General upon the request of either Party. The arbitrator
shall commence to hear and determine the difference or allegation within 30 days after his
appointment or at such other time ns may be agreed upon by the Parties and the arbitrator. 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 provision of
this Agreement. Each of the Parties to this Agreement will share equally the fees and
disbursements of the arbitrator.
ARTICLE 21 - TECHNOLOGICAL CHANGE
21.01 If ~h¢ Corporation proposes to change the m¢~hod ~)f providing fire settees to the community
by technological change, and as a result to displace an Employee from his position, the
Corporation shall notify the Association of its proposal as soon aspracticable and afford the
Association an opportunity to meet with the Town Manager, andsuch other management
personnel az he considers appropriate, prior to the implementation of the proposal.
21.02 When proposing to displace an Employee from his position in the process of implementing a
technological change, the Corporation shah consider the following possibilities:
(a) the re-training of the Employee to work within the technologically changed method;
ih) the relocation of the Employee to another position, the requirements of which he has
the qualifications and ability to perform;
(c) the relocation of the Employee to another position, the requirements of which he docs
not have the qualifications or ability to perform, and the re-training of the employee in
that position.
21.03 In the event that an Employee being displaced as a result of technological change,
(a) is not to be re-trained, relocated or relocated and re-trained, and
(b) is to be laid off,
such lay-off shall be governed by the provisions of Article 11.
ARTICI~ 22 - CONTRACTING OUT WORK
22.01 No work in classifications covered by this Agreement shall be contracted out at the expense of
present Employees being laid off.
22.02 Where the Corporation is contemplating contracting out work of a nature performed by
Employees, the Association will be given six month's notice of the Corporation's intent.
22.03 During the six month notice period referred to in Article 22.02, the Association shah be given
an oppommity to make representation to the Corporation with respect to the contracting out of
the work in question; the Corporation shall make available to the Association any material of a
non-confidential nature being examined in support of its decision to contract out the work.
22.04 No tenders shall be invited until the expby of the six month notice period referred to in Article
22.02.
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23.01 The provisions of the Fire Departments Act, R.S.O. 1980, c.164, as may be amended from time
to time, shah apply to this Agreement.
ARTICLE 24 - DURATION
24.01 That this Agreement shatl be in force and effect from January 1st, 1993 until December 31st,
1994 and from year to year thereafter.
ARTICLE 25 - IHTERPRETATIOH
25.01 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 consuued accordingly.
Ii'4 WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal under the hands of
its duly authorized officers, and the Association has caused this instrument to be executed by its proper
officers duly authorized.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
PICKER. ING PROFEBSIONAL FIREFIGHTERS'
ASSOCIATION
Dominic Browne, President
Gerry Pedwell, Secretary
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