Loading...
HomeMy WebLinkAboutBy-law 4309/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4309/93 Being a by-law to ratify the Non-Bargaining Unit Local Plan, the Bargaining Unit Local Agreement with Canadian Union of Public Employees Local 129, the Bargaining Unit Local Agreement with Canadian Union of Public Employees Local 3506 and the Bargaining Unit Local Agreement with Pickering Professional Firefighters Association under the Social Contract Act, 1993 WHEREAS, pursuant to subsection 16(1) of the Social Contract Act, 1993, S.O. 1993, chapter 5, The Corporation of the Town of Picketing, being an employer in the public sector, may establish a plan that applies to the Town's non-bargaining unit employees; and WHEREAS. pursuant to subsection 13(1) of the Act, the Town, being an employer in the public sector, may enter into a local agreement with one or more bargaining agents, being trade unions having bargaining rights in respect of any unit of the Town's employees; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOW S: 1. The Non-Bargaining Unit Local Plan, dated July 30, 1993 and executed on behalf of The Corporation of the Town of Pickering by the Town Manager (Acting) and the Chief Executive Officer (Pickering Public Library) in the form attached hereto as Schedule A, affecting all Town and Library employees who are not members of a bargaining unit, is hereby ratified. 2. The Bargaining Unit Local Agreement, dated August 4, 1993 and executed on behalf of The Corporation of the Town of Picketing by the Town Manager (Acting) in the form attached hereto as Schedule B, affecting all Town employees who are members of the Canadian Union of Public Employees Local 129 bargaining unit, is hereby ratified. 3. The Bargaining Unit Local Agreement, dated July 30, 1993 and executed on behalf of The Corporation of the Town of Picketing by the Town Manager (Acting) and the Chief Executive Officer (Pickering Public Library) in the form attached hereto as Schedule C, affecting all Town employees who are members of the Canadian Union of Public Employees Local 3506 bargaining unit, is hereby ratified. 4. The Bargaining Unit Local Agreement, dated August 4, 1993 and executed on behalf of The Corporation of the Town of Picketing by the Town Manager (Acting) in the form attached hereto as Schedule D, affecting all Town employees who are members of the Picketing Professional Firefighters Association bargaining unit, is hereby ratified. BY-LAW read a first, second and third time and finally passed this 4th day of August, 1993. Brace Taylor, Clerk SCHEDULE A NON-BARGAINING UNIT LOCAL FLAN established under Part VI of the Social Contract Act, 1993, S.O. 1993, chapter 5, by THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" and applicable to ALL NON-BARGAINING UNIT EMPLOYEES DESCRIBED IN SCHEDULE A HERETO herein called the "Employees" WHEREAS, pursuant to subsection 16(1) of the Social Contract Act, 1993, S.O. 1993, chapter 5, herein called the "Act", The Corporation of the Town of Pickering, being an employer in the public sector, may establish a plan that applies to the employer's non-bargaining unit employees; and WHEREAS, pursuant to subsection 16(2) of the Act, such a plan must, (a) implement the Municipal Subsectur Sectoral Framework designated by the Minister of Finance on July 21, 1993, at least to the extent that that Framework provides for measures that would be authorized under Part VII of the Act if that Part applied to the Employees; or (b) provide for the application to the Employees of provisions that apply to bargaining unit employees under one of the local agreements entered into by the Town, with necessary modifications, at least to the extent that that local agreement provides for measures that would be authorized under Part VII of the Act if that Part applied to the Employees; THIS PLAN IS HEREBY ESTABLISHED to assist the Town in meeting its obligations under the Act, and should be read in the context of the Municipal Subsector Sectoral Framework (herein called the "Framework"), a copy of which is available for viewing in the Town Clerk's Depaxtment and in the Human Resources Department. 1. This Plan shall be in effect from August 1, 1993 until March 31, 1996. 2. The term "compensation" in this Plan includes salary, wage rate, merit increases, performance bonuses, cost-of-living increases or other similar movement of or through ranges, and increases resulting from any movements on any pay scale or other grid system. 3. (1) For the period beginning June 14, 1993 and ending March 31, 1996, the rate of compensation of every Employee is fLxed at the rate that was in effect immediately before June 14, 1993. (2) Nothing in this section prevents increases in compensation as a result of a pay equity adjustment or a promotion (or an acting promotion) to a different position. 4. No Employee is entitled to any increase in compensation after March 31, 1996 in respect of employment during the period beginning June 14, 1993 and ending March 31, 1996. 5. (1) In 1993, every Employee shall take the following unpaid leaves of absence: (a) October 8, 1993 - one day (b) November 11, 1993 - one day (c) December 24, 1993 - half day (morning) (d) December 31, 1993 - half day (morning) (2) Where, under the Town's Voluntary Leave Program, an Employee takes vohinta~ unpaid leave after June 14, 1993 and before January 1, 1994, the Employee, while having to take a leave of absence on the days specified in subsection (1), shall be paid for those days, up to the number of days the Employee takes under that Program. 6. In 1994, every Employee shall take the following unpaid leaves of absence: (a) February 21, 1994 - one day (b) May 2, 1994 - one day (c) October 7, 1994 - one day (d) November 11, 1994 - one day (e) December 23, 1994 - half day (morning) (f) December 30, 1994 - half day (morning) 7. In 1995, every Employee shall take the following unpaid leaves of absence: (a) February 20, 1995 - one day (b) May 1, 1995 - one day (c) October 6, 1995 - one day (d) November 10, 1995 - one day (e) December 22, 1995 - half day (morning) (f) December 29, 1995 - half day (morning) 8. In 1996, every Employee shall take the following unpaid leaves of absence: (a) 1anuary 22, 1996 - one day (b) February 19, 1996 - one day 9. In accordance with section 4.1 of the Framework and subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, chapter M.56, any Employee, upon request, will be provided with Town financial planning information and salary data, apart from merit increases, for all positions. 10. (1) In accordance with section 5.10 of the Framework, Employees are encouraged to suggest productivity improvements in order to increase the efficiency and effectiveness of the delivery of Town services. (2) In accordance with section 4.8 of the Framework, no reprisals will be taken against any Employee on account of any productivity improvement suggested by that Employee. (3) In accordance with section 4.7 of the Framework, all Employees will have the opportunity to make their interests known regarding the management, budget or business of the Town through broadly recognized, internal, two-way communication mechanisms, which may include committees, surveys, newsletters, and regularly established forums with management, but which will not include any representation on public policy or political committees. 11. In accordance with section 5.4 of the Framework, the Town will commit an amount equal to at least 1% of annual Employee earnings to direct and indirect training costs. 12. In accordance with section 7.7 of the Framework, the Town will continue its Modified Work Program to assist Employees in returning to work from periods of involuntary absence, through assessment of Employees needs and the provision of meaningful work assignments. 13. (1) This Plan shall be posted together with a copy of Part VI of the Act. (2) Because the Town's financial obligation under the Act is estimated and subject to adjustment by the Province of Ontario, and due to the possibility of changing conditions and unforeseen circumstances during the period that the Plan is in effect, this Plan is subject to amendment at any time. (3) Any amendment to this Plan shall be posted together with a copy of Part VI of the Act. Dated at Picketing, July 30, 1993. C.M. Timothy Sheffield, Town Manager (Acting) Town of Pickering Alexander Cameron, Chief Executive Officer, Picketing Public Library NON-BARGAINING UNIT LOCAL PLAN Mayor Councillors Town Manager Depa.ament Heads Deputy Depafanent Heads Manager - Accounting and Payroll Services Manager - Building and Plumbing Services Manager - Current Operations (Planning) Manager - Human Resources Manager - Information Services Manager - Legal Services Manager - Policy (Planning) Manager - Supply and Services Manager - Technical Services Employment Equity Co-ordinator Personnel Officer Health and Safety Co-ordinator Works Supervisors Operations Supervisor Chief Plumbing Inspector Chief Building Inspector Transit Supervisor Service Superintendent Economic Development and Promotion Co-ordinator Transit Inspectors Superintendent of Facilities Superintendent of Pa~ks and Property Operations Superintendent of Museum Operations Supervisor - Development Control Supervisor - Municipal Works Program Superintendents Complex Plant Superintendent Aquatic Superintendent Administrative Supervisors Co-ordinator of Council Services Administrative Assistants Legal Services Clerk Confidential Secretary - Manager's Office Confidential Secretaries - Legal Services Confidential Secretary - Treasury Conftdential Secretary - Fire Department Confidential Secretary - Transportation Clerk-Typist (Manager's Office) Clerk-Typist (Mayor's Office) Crossing Guards Leisure Program Instructors Part-time Firefighters Student Planner Pickering Public I.~ ~'.mpIoy~es Chief Executive Officer Deputy Chief Executive Officer Head, Technical Services Adult Services Librarian Children's Services Co-ordinator Reference Librarian Acquisition/Processing Head Community Branch Head Circulation Head Senior Reference Assistant/Outreach Services Administrative Assistant Rural Branch Head Pages Students employed during the school vacation period SCHEDULE B BARGAINING UNIT LOCAL AGRi I MENT entered imo under Pan V of Social Contract Act, 1993, S.O. 1993, chapter 5, between THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL IZ.9_ herein called the "Union" WHEREAS, pursuant to subsection 13(1) of the Social Contract Act, 1993, S.O. 1993, chapter 5, herein called the "Act", the Town, being an Employer in the public sector, may enter into a Local Agreement with the Union, being a Bargaining Agent as defined in the Act; and WHEREAS, pursuant to subsection 15(1) of the Act, the provisions of a Local Agreement prevail over any provision in any other act or the regulations thereunder that relates to holidays, vacations, hours of work, or overtime pay if the Agreement, (a) implements the Municipal Subsector Sectoral Framework (herein called the "Framework") designated by the Minister of Finance on July 21, 1993; (b) comes into force not later than August 10, 1993; and (c) applies until March 31, 1996; and WHEREAS, pursuant to subsection 15(2) of the Act, the provisions of a Local Agreement prevail over any provisions of a collective agreement; and WHEREAS, pursuant to section 2.7 of the Framework, the provisions of subsection 11(3)(3) of the Act do not apply where a Bargaining Agem enters into a Local Agreemem with an Employer and where that Agreement extends the provisions of the Framework to employees earning below $30,000 annually in salary; NOW THEREFORE the Town and the Union hereby enter into this Local Agreement to assist the Town in meeting its obligations under the Act, and hereby agree as follows: 1. In this Agreement, the term, (a) "Compensation" includes salary, wage rate, merit increases, performance bonuses, cost-of-living increases or other similar movement of or through ranges, and increases resulting from any movements on any pay scale or other grid system; and (b) "Employee" means every employee who is a member of the Union from time to time during the period that this Agreement is in effect, whether or not any such employee earns below $30,000 annually in salary. 2. (1) This Agreement should be read in the context of the Framework, a copy of which will be provided to the Union by the Town. (2) This Agreement shall be in effect from August 1, 1993 until March 31, 1996. (3) This Agreement, and every provision contained herein, shall be applicable to all Employees. 3. (1) For the period beginning June 14, 1993 and ending March 31, 1996, the rate of Compensation of every Employee is fixed at the rate that was in effect immediately before June 14, 1993. (2) Nothing in this section prevents increases in Compensation as a result of a pay equity adjustment, a promotion (or an acting promotion) to a different position. 4. No Employee is entitled to any increase in Compensation after March 31, 1996 in respect of employment during the period beginning June 14, 1993 and ending March 31, 1996. 5. (1) In 1993, every Employee shall take the following unpaid leaves of absence: (a) October 8, 1993 - one day (b) November 11, 1993 - one day (c) December 24, 1993 - half day (moming) (d) December 31, 1993 - half day (morning) (2) Where, under the Town's Voluntary Leave Program, an Employee takes voluntary unpaid leave after Sune 14, 1993 and before January 1, 1994, the Employee, while having to take a leave of absence on the days specified in subsection (I), shall be paid for those days, up to the number of days the Employee takes under that Program. 6. In 1994, every Employee shall take the following unpaid leaves of absence: (a) February 21, 1994 - one day (b) May 2, 1994 - one day (c) October 7, 1994 - one day (d) November 11, 1994 - one day (e) December 23, 1994 - half day (moming) (f) December 30, 1994 - half day (morning) 7. In 1995, every Employee shall take the following unpaid leaves of absence: (a) February 20, 1995 - one day (b) May 1, 1995 - one day (c) October 6, 1995 - one day (d) November 10, 1995 - one day (e) December 22, 1995 - half day (morning) (f) December 29, 1995 - half day (morning) 8. In 1996, every Employee shall take the following unpaid leaves of absence: (a) January 22, 1996 - one day (b) February 19, 1996 - one day 9. (1) In order to ensure that each Employee is equally affected by the leaves of absence required to be taken under sections 5, 6, 7 and 8, above, (a) in accordance with his or her proportionate share of the Town's Compensation costs; and (b) whether or not the Employee is actually scheduled to work on the days upon which Employees are required to take unpaid leaves of absence, the reduction in pay represented by the unpaid leaves of absence shall be applied to every pay period in each year, or part of a year, during the period that this Agreement is in effect. (2) The reductions in pay for every pay in each year, or part of a year, that this Agreement is in effect shall be, (a) 1993 (August 1 to December 31) - 2.48% (b) 1994 (January 1 to December 31) - 1.75% (c) 1995 (January I to December 31) - 1.75% (d) 1996 (January 1 to March 31) - 2.8%. I0. (1) In 1993, every Employee who has booked any part of his or her vacation on any of the days that will be taken as unpaid leave of absence will be permitted to re-schedule his or her vacation at a mutually agreeable time, so long as such re-scheduling is completed by September 30, 1993. (2) In 1994, 1995 and the first three months of 1996, no Employee shall be permitted to book any part of his or her vacation on any of the days that will be taken as unpaid leave of absence. I 1. Despite the provisions of sections 5, 6, 7 and 8, the Town may require, (a) up to six Employees in the Department of Public Works, and (b) up to two Employees in the Department of Community Services and Facilities, to be at work on the days set out in those sections and to take unpaid leaves of absence, (c) in the case of all days other than days in December, one week after the day set out in those sections, and (d) in the case of all days, or parts of days, in December, at a mutually agreeable time. 12. The Town shall require all of its contractors over which it has or may exercise control respecting days of work to suspend work on those days or parts of days that will be taken by Employees as unpaid leave of absence. 13. (1) In accordance with section 4.1. of the Framework and subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, chapter M.56, the Union, upon request, will be provided with Town financial planning information and salary data, apart from merit increases, for all positions. (2) In accordance with section 4.2 of the Framework, the Union, upon request, will be provided with documentation detailing Town organizational structures. 14. (1) In accordance with section 5.10 of the Framework, Employees are encouraged to suggest productivity improvements in order to increase the efficiency and effectiveness of the delivery of Town services. (2) In accordance with section 4.8 of the Framework, no reprisals will be taken against any Employee on account of any productivity improvement suggested by that Employee. (3) In accordance with section 4.7 of the Framework, all Employees will have. the opportunity to make their interests known regarding the management, budget or business of the Town through broadly recognized, internal, two-way communication mechanisms, which may include committees, surveys, newsletters, and regularly established forums with management, but which will not include any representation on public policy or political committees. (4) The Labour-Management Committee shall be utilized to enter into discussions and to make recommendations for reducing costs without adversely affecting the rights and benefits of Employees. 15. In accordance with section 5.4 of the Framework, the Town will commit an amount equal to at least 1% of annual Employee earnings to direct and indirect training costs. 16. In accordance with section 7.7 of the Framework, the Town will continue its Modified Work Program to assist Employees in returning to work from periods of involuntary absence, through assessment of Employees needs and the provision of meaningful work assignments. 17. The Town shall, at the request of the Union, enter into discussions respecting the extension to Ma~ch 31, 1996 of the existing collective agreement between them. 18. (I) Because the Town's financial obligation under the Act is estimated and subject to adjustment by the Province of Ontario, and due to the possibility of changing conditions and unforeseen circumstances during the period that the Agreement is in effect, this Agreement may be amended at any time upon the agreement of the Town and the Union. (2) If any adjustment, changed condition or unforeseen circumstance reduces the Town's financial obligation under the Act, any amendment to this Agreement shall, where permitted by the Act, reduce the number of days of unpaid leave of absence required to be taken by Employees. 19. Should the Act be revoked, this Agreement shall become null and void upon such revocation, unless the statute that revokes the Act provides otherwise. Dated at Picketing, August 4, 1993. THE CORPORATION OF THE TOW~N OF PICKERING C.M. Timothy Sheffield, Town Manager (Acting) CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 129 John Wojnicz, President David Waldrfff, Secretary KATIFICATION OF LOCAL AGREEMENT Further to the provisions of subsection 13(5) of the Act, this Local Agreement was ratified by, (a) The Council of The Corporation of the Town of Pickering on August 4, 1993 (By-law /93), and (b) The Membership of Canadian Union of Public Employees Local 129 on August 4, 1993. SCHEDULE C BARGAINING UNIT LOCAL AGRRI: MENT entered into under Part V of the Social Contract Act, 1993, S.O. 1993, chapter 5, between THE CORPORATION OF THE TOWN OF PICKERING 9n its 9wn behalf and on behalf of The Picketing Public Library Board herein called the "Town" CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 3506 herein called the "Union" WHEREAS, pursuant to subsection 13(1) of the Social Contract Act, 1993, S.O. 1993, chapter 5, herein called the "Act", the Town, being an Employer in the public sector, may enter into a Local Agreement with the Union, being a Bargaining Agent as defined in the Act; and WHEREAS, pursuant to subsection 15(1) of the Act, the provisions of a Local Agreement prevail over any provision in any other act or the regulations thereunder that relates to holidays, vacations, hours of work, or overtime pay if the Agreement, (a) implements the Municipal Subsector Sectoral Framework (herein called the "Framework") designated by the Minister of Finance on July 21, 1993; (b) comes into force not later than August 10, 1993; and (c) applies until March 31, 1996; and WHEREAS. pursuant to subsection 15(2) of the Act, the provisions of a Local Agreement prevail over any provisions of a collective agreement; and WHEREAS, pursuant to section 2.7 of the Framework, the provisions of subsection 11(3)(3) of the Act do not apply where a Bargaining Agent enters into a Local Agreement with an Employer and where that Agreement extends the provisions of the Framework to employees earning below $30,000 annually in salary; NOW THEREFORE the Town and the Union hereby enter into this Local Agreement to assist the Town in meeting its obligations under the Act, and hereby agree as follows: 1. In this Agreement, the term, (a) "Compensation" includes salary, wage rate, merit increases, performance bonuses, cost-of-living increases or other similar movement of or through ranges, and increases resulting from any movements on any pay scale or other grid system; and (b) "Employee" means every employee who is a member of the Union from time to time during the period that this Agreement is in effect, whether or not any such employee earns below $30,000 annually in salary. 2. (1) This Agreement should be read in the context of the Framework, copies of which will be provided to the Union by the Town so that employees in each branch and the central library may have recourse to it. (2) This Agreement shall be in effect from August 1, 1993 until March 31, 1996. (3) This Agreement, and every provision contained herein, shall be applicable to all Employees. 3. (1) For the period beginning Sune 14, 1993 and ending March 31, 1996, the rate of Compensation of every Employee is fixed at the rate that was in effect immediately before June 14, 1993. (2) Nothing in this section prevents increases in Compensation as a result of a pay equity adjusunent, a promotion (or an acting promotion) to a different position. 4. No Employee is entitled to any increase in Compensation after March 31, 1996 in respect of employment during the period beginning June 14, 1993 and ending March 31, 1996. 5. (1) In 1993, every Employee shall take the following unpaid leaves of absence: (a) October 8, 1993 - one day (b) November l 1, 1993 - one day (c) December 24, 1993 - haif day (morning) (d) December 31, 1993 - half day (morning) (2) Where, under the Library's Voluntary Leave Program, an Employee takes voluntary unpaid leave after June 14, 1993 and before January 1, 1994, the Employee, while having to take a leave of absence on the days specified in subsection (1), shall be paid for those days, up to the number of days the Employee takes under that Program. 6. In 1994, every Employee shall take the following unpaid leaves of absence: (a) February 21, 1994 - one day (b) May 2, 1994 - one day (c) October 7, 1994 - one day (d) November 11, 1994 - one day (e) December 23, 1994 - half day (morning) if) December 30, 1994 - half day (morning) 7. In 1995, every Employee shall take the following unpaid leaves of absence: (a) Febmary 20, 1995 - one day (b) May 1, 1995 - one day (c) October 6, 1995 - one day (d) November 10, 1995 - one day (e) December 22, 1995 - half day (morning) (f) December 29, 1995 - half day (morning) 8. In 1996, every Employee shall take the following unpaid leaves of absence: (a) January 22, 1996 - one day (b) February 19, 1996 - one day 9. (1) In accordance with section 4.1 of the Framework and subject to the Municipal Freedom of lnformation and Protection of Privacy Act, R.S.O. 1990, chapter M.56, the Union, upon request, will be provided with Picketing Public Library financial planning information and salary data, apart from merit increases, for all positions. (2) In accordance with section 4.2 of the Framework, the Union, upon request, will be provided with documentation detailing Picketing Public Library organizational structl~res. 10. (1) In accordance with section 5.10 of the Framework, Employees ate encouraged to suggest productivity improvements in order to increase the efficiency and effectiveness of the delivery of Picketing Public Library services. (2) In accordance with section 4.8 of the Framework, no reprisals will be taken against any Employee on account of any productivity improvement suggested by that Employee. (3) In accordance with section 4.7 of the Framework, all Employees will have the opportunity to make theix interests known regarding the management, budget or business of the Picketing Public Libras3, through broadly recognized, internal, two-way communication mechanisms, which may include committees, surveys, newsletters, and regularly established forums with management, but which will not include any representation on public policy or political committees. 11. In accordance with section 5.4 of the Framework, the Picketing Public Library Board will commit an amount equal to at least 1% of annual Employee earnings to direct and indirect training costs. 12. In accordance with section 7.7 of the Framework, the Picketing Public Library will provide a Modified Work Program to assist Employees in returning to work from periods of involuntary absence, through assessment of Employees needs and the provision of meaningful work assignments. 13. Because the Town's financial obligation under the Act is estimated and subject to adjustment by the Province of Ontario, and due to the possibility of changing conditions and unforeseen circumstances during the period that the Agreement is in effect, this Agreement may be amended at any time upon the agreement of the Town and the Union. Dated at Pickering, July 30, 1993. THE CORPORATION OF THE TOWN OF PICKERI]qG C.M. Timothy Sheffield, Town Manager (Acting) Town of Picketing Alexander Cameron, Chief Executive Officer, Pickering Public Library CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 3506 Janice Pollard, President RATIFICATION OF LOCAL AGREEMENT Further to the provisions of subsection 13(5) of the Act, this Local Agreement was ratified by, (a) The Council of The Corporation of the Town of Picketing, on its behalf and on behalf of The Picketing Public Library Board, on August 4, 1993 (By-law /93), and (b) The Membership of Canadian Union of Public Employees Local 3506 on August , 1993. SCHEDULE D BARGAINING UNIT LOCAL AGRI i .NIENT entered into under Part V of the Social Contract Act, 1993, S.O. 1993, chapter 5, between THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town" PICKEPdNG PROFESSIONAL FIREFIGHTERS ASSOCIATION herein called the "Association" WHEREAS, pursuant to subsection 13(1) of the Social Contract Act, 1993, S.O. 1993, chapter 5, herein called the "Act", the Town, being an Employer in the public sector, may enter into a Local Agreement with the Association, being a Bargaining Agent as defined in the Act; and WHEREAS this Agreement is made in conjunction with the Memorandum of Understanding dated July 19, 1993 between The Governmem of Omaxio and those associations, unions and employers who executed that Memorandum, which Memorandum was designated by the Minister of Finance as the Municipal Subsector Sectoral Framework on July 21, 1993; and WHEREAS, pursuant to subsection 15(1) of the Act, the provisions of a Local Agreement may prevail over any provision in any other act or the regulations thereunder that relates to holidays; and WHEREAS, pursuant to subsection 15(2) of the Act, the provisions of a Local Agreement prevail over the provisions of a collective agreement; and NOW THEREFORE the Town and the Association hereby enter into this Local Agreement to assist the Town in meeting its obligations under the Act, and hereby agree as follows: 1. In this Agreemem, the term, (a) "Compensation" means all payments and benefits paid or provided to or for the benefit of a person who performs functions that entide the person to be paid a fixed or ascertainable amount; (b) "Employee" means a full-time firefighter as defined in the Fire Departments Act, R.S.O. 1990, chapter F.15; (c) "Parties" means the Town and the Association; (d) "Framework" means the Memorandum of Understanding dated July 19, 1993 between The Government of Ontario and those associations, unions and employers who executed that Memorandum, which Memorandum was designated by the Minister of Finance as the Municipal Subsector Sectoral Framework on July 21, 1993. 2. (I) This Agreement should be read in the context of the Framework, 70 copies of each of which will be provided to the Association by the Town. (2) This Agreement shall be in effect from August 1, 1993 until March 31, 1996. (3) This Agreement, and every provision contained herein, shall be applicable to all Employees. 3. (1) For the period beginning June 14, 1993 and ending March 31, 1996, the rate of Compensation of every Employee is f~xed at the rate that was in effect immediately before June 14, 1993. (2) Nothing in this section prevents increases in Compensation as a result of a promotion of an Employee to a different position or an acting promotion of an Employee to a different position. 4. (l) Every Employee shall waive his or her right to, (a) two days' statutory holiday pay in 1993 [for those Employees listed in Schedule A, the holidays in question shall be Labour Day and Remembrance Day J; (b) four days' statutory holiday pay in each of 1994 and 1995 [for those Employees listed in Schedule A, the holidays in question shall be Good Friday, Dominion Day, Labour Day and Remembrance Day]; and (c) one and one-half days' statutory holiday pay in 1996 [for those Employees listed in Schedule A, the holidays in question shall be New Year's Day, and in lieu of the half-day, six hours' regular pay]. and, except those Employees listed in Schedule A, shall be given the same number of compensating days off, where possible while this Agreement is in effect, but in any event no later than December 31, 1997. (2) The Parties shall endeavour to ensure that, (a) at least 100 compensating days off shall be taken during 1993; (b) at least 300 compensating days off shall be taken during each of 1993 and 1994; and (c) at least 60 compensating days off shall be taken during the first three months of 1996. (3) In the event that, in order to meet its financial obligation under the Act, the Town determines that the number of days statutory holiday pay to be waived in any year need not be as many as set out in subsection (l), above, then, (a) the Town shall notify the Association accordingly, and the number of compensating days off shall be reduced accordingly; and (b) where possible, the compensating days off shall be taken before March 31, 1996. (4) At no tLme, either while this Agreement is in effect or after it ceases to be in effect, shall the Town be liable to pay to any Employee any sum on account of any statutory holiday pay waived under this section. 5. (1) In accordance with section 4.1 of the Framework and subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, chapter M.56, the Association, upon request, will be provided with Town financial planning information and salary data, apar~ from merit increases, for all positions. (2) In accordance with section 4.2 of the Framework, the Association, upon request, will be provided with documentation detailing Town organizational structures. 6. (I) In accordance with section 5.10 of the Framework, the Association is encouraged to suggest productivity improvements in order to increase the efficiency and effectiveness of the delivery of Fire Department services; any gains which are identified and savings achieved shall be applied against the Town's financial obligation under the Act, where permitted by the Act. (2) In accordance with section 4.8 of the Framework, no Employee shall suffer any discrimination, penalty or reprisal on account of any productivity improvement suggested by that Employee. (3) In accordance with section 4.7 of the Framework, the Association will have the opportunity to make their interests known regarding the management, budget or business of the Town through broadly recognized, internal, two-way communication mechanisms, which may include committees, surveys, newsletters, and regularly established forums with management, but which will not include any representation on public policy or political committees. 7. In accordance with section 5.4 of the Framework, the Town will provide, within 60 days of July 19, 1993 and on an annual basis thereafter, confirmation that a minimum of 1% of earnings is being invested in direct and indirect training costs. 8. In accordance with section 7.7 of the Framework, the Town will continue the development of a Modified Work Program to assist Employees in retuming to work from periods of involuntary absence, through assessment of Employees needs with respect to accommodation and through the provision of meaningful work assignments and reskilling as necessary. 9. Because the Town's financial obligation under the Act is estimated and subject to adjustment by the Province of Ontario, and due to the possibility of changing conditions and unforeseen circumstances d~ing the period that the Agreement is in effect, this Agreement may be amended at any time upon the agreement of the Town and the Association. 10. (1) Should the Act be revoked, this Agreement shall become null and void upon such revocation, unless the statute that revokes the Act provides otherwise. (2) Upon notification by the Association, the collective bargaining process shall resume in accordance with the requirements of the Fire Departments Act. 11. There shall be no lay-off of any Employee during the period that this Agreement is in effect. 12. No work regularly performed by an Employee shall be performed by a person who is not an Employee, unless otherwise agreed by the Parties. Dated at Pickering, August 4, 1993. THE CORPORATION OF THE TOWN OF PICKERING C.M. Timothy Sheffield, Town Manager (Acting) PICKERING PROFESSIONAL FIREFIGHTERS ASSOCIATION Dominic Browne, President Gerald Pedwell, Secretary RATIFICATION OF LOCAL AGREEMENT Further to the provisions of subsection 13(5) of the Act, this Local Agreement was ratified by, The Council of The Corporation of the Town of Picketing on August 4, 1993 (By-law /93) C.M. Timothy Sheffield, Town Manager (Acting) and The Membership of Picketing Professional Firefighters Association on August ,1993. Dominic Browne, President Gerald Pedwell, Secretary BARGAINING UNIT LOCAL AGI~I:~.MENT Training Officer Fire Prevention Officer Fire Inspector (3)