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HomeMy WebLinkAboutBy-law 841/78BY-LAW NUMBER 841/78 Being a by-law to authorize the execution of a Collective Agreement between the Corporation of the Town of Pickering and The Town of Pick- ering Professional Firefighters' Association; Local 1632, Internat- ional Association of Firefighters. THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute a Collective Agreement in the form attached hereto as Schedule 'A' between the Corporation of the Town of Pickering and The Town of Pickering Professional Firefighters' Association; Local 1632, International Assoc- iation of Firefighters. By-law read a first, second and third time and finally PASSED this 19th day of June , 1978. Clerk SCHEDULE 'A' BY-LAW NUMBER 841/78 COLLECTIVE AGREEMENT BEWTEEN: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Corporation") OF THE FIRST PART and THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION, LOCAL 1632, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (hereinafter called the "Association") OF THE SECOND PART (FIREFIGHTERS) ARTICLE # DESCRIPTION PAGE # 1 Full-Time Firefighters Covered 1 2 Recognition 1 - 3 3 Hours of Work 3 - 4 4 Vacations 4 - 6 5 Statutory Holidays 6 - 7 6 Workmen's Compensation 7 7 Sick Leave 7 - 8 8 Hospital and Medical Coverage 8 9 Salaries 9 10 Promotions and seniority 10 - 11 11 Leave of Absence 11 - 12 12 Bereavement Pay 12 13 Pensions & Insurance 13 - 14 14 Uniforms & Equipment 14 - 15 15 Acting Rank 16 16 Discharge or Discipline 16 - 17 17 Grievance Procedure 17 - 20 18 Arbitration 20 - 21 19 Provisions 21 20 Duration 21 - 22 THIS AGREEMENT made this day of A.D. 1978. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called the "Corporation") OF THE FIRST PART - and - THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION Local 1632, International Association of Firefighters (hereinafter called the "Association") OF THE SECOND PART WHEREAS the parties hereto wish to establish and maintain collective bargaining relations between the Corporation and its Firefighters, 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 who are subject to the provision of this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH ARTICLE 1 FULL-TIME FIREFIGHTERS COVERED - 1.01 The provisions of this Agreement shall apply to all Full-time Firefighters of the Town of Pickering Fire Department under the jurisdiction of the Fire Chief, with the exception of the Chief and the Deputy Chief, as defined in the Fire Department Act of Ontario. ARTICLE 2 RECOGNITION - 2.01 The Corporation retains the sole right to manage all services and direct the working forces, including - 2 - 2. 01 contd. the right to hire, promote, transfer, reprimand, penalize, suspend, discharge or demote its Full-time Firefighters for just cause. A claim of discrim- inatory promotion, demotion or transfer or a claim that any Full-time Firefighter has been discharged, penalized or suspended without just cause shall be the subject of a grievance and dealt with as provided in Articles 17 and 18. 2.02 The Full-time Firefighters 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 the Full-time Firefighters subject to the final approval of any agreement by the Corporation. 2.03 The Corporation recognizes the Association as the exclusive bargaining agent for all Full-time Firefighters of the Town of Pickering Fire Department with the exception of the Fire Chief and the Deputy Fire Chief, and this Agreement shall be regarded as being applicable to all such Full-time Firefighters. 2.04 All Full-time Firefighters, while in uniform whether on or off duty, shall be governed by the rules and regulations of the department as established and published by the Fire Chief from time to time. - 3 - 2.05 All Full-time Firefighters of the Town of Pickering Fire Department, that are now members of the said Local 1632, shall remain members of the said Local Union and new Full-time Firefighters of the Department shall become members of Local 1632, International Association of Firefighters, within the first thirty (30) days of their probationary period and will continue their membership in good standing in the said Local union as a condition of continued employment. 2.06 The Full-time Firefighters agree to keep the Corpor- ation advised of the names of the Officers of the Executive and Bargaining Committee upon their election or any change therein. 2.07 The Corporation and the Association agree that at no time will discrimination be shown toward any Full-time Firefighter who is covered by this Agreement. No strike or lock-out shall occur during the life of this Agreement or any renewal thereof, and the Association shall not participate in any sympathy strike in support of any other organization. ARTICLE 3 HOURS OF WORK - 3.01 The Full-time Firefighters shall be required to work a forty-two (42) hour week on the average, based on the two (2) platoon system, consisting of a ten f10) hour day and a fourteen (14) hour night. - 4 - 3.02 WORKING SCHEDULE Forty-two (42) Hours Per Week Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Total Days 1st Wk. 10 10 10 10 40 Nights 2nd Wk. 14 14 14 14 56 Days 3rd Wk. 10 10 10 30 Nights 4th Wk. 14 14 14 42 3.03 Nothingin the above schedule of hours of work will prevent the Chief granting the written request of any two (2) Full-time Firefighters to change shifts or days off. 3.04 Fire Prevention Officers and Training officers shall work a system of hours to be determined and scheduled quarterly in advance by the Fire Chief, provided, however, that the system shall in no way impair the efficiency of the Fire Department, and provided that their hours of work shall not exceed those of the other employees. ARTICLE 4 VACATIONS 4.01 All Firefighters who have completed the years of seniority shown below on the 30th day of June in any year shall be entitled to the corresponding vacation with pay. - 5 - 4.01 (contd.) Years of service Less than 1 year Length of Vacation with Pay One (1) day for each complete month of service to a total of two (2) weeks Up to 4 years 4 years but less than 12 years 12 years but less than 20 years Two (2) weeks Three (3) weeks Four (4) weeks 20 years or more Five (5) weeks 4.02 Vacation periods shall be drawn by seniority. One member from each shift may take the same vacation period at the same time. At the discretion of the Fire Chief, those Firefighters who are entitled to more than two weeks vacation may choose their entire allotment on a consecutive week basis if desired. After each Firefighter has had the opportunity in turn of making this choice, seniority shall again govern with respect to those Firefighters entitled to additional vacation periods using the above formula. 4.03 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 February 1st of each year and the Vacation Schedule shall be posted on or before February 15th of each year. - 6 - 4.05 Vacations shall not be accumulative without the special permission of the Town Manager. Only one vacation accumulation or extended vacation will be permitted during each three year period. ARTICLE 5 STATUTORY HOLIDAYS - 5.01 All Firefighters shall be entitled to eleven (11) statutory holidays in each year, plus any holiday declared by the Municipality, in addition to those listed in Article 5.02 or a proportionate amount in the event of employment for less than the complete year. 5.02 The following are considered as holidays: New Year's Day' Good Friday Easter Monday Victoria Day Dominion Day Civic Holiday Labour Day Thanksgiving Remembrance Day Christmas Day Boxing Day - 7 - 5.03 Such statutory holidays may be taken as follows: (i) Four days pay (ii) Either seven days pay or seven off duty or any combination thereof at the Firefighters option providing that this option has been stated in writing prior to February 1st in the year in which the statutory holidays occur. ARTICLE 6 WORKMEN'S COMPENSATION - 6.01 When a Firefighter is injured at work and in receipt of workmen's compensation in lieu of his regular pay, the Corporation will make up the difference between such compensation and his regular pay. ARTICLE 7 SICK LEAVE - 7.01 Each Firefighter shall be entitled, upon completion of three (3) months employment, to sick leave which will accumulate at the rate of one and one-half (1k) days per month. The unused Portion of a Firefighter's sick leave will be accumulated and carried forward from one year to another provided that, to qualify for sick leave with pay a Firefighter shall, when requested by the Corporation, produce evidence of illness reasonably satisfactory to the Corporation. On retirement, separation, or death, a Firefighter or his beneficiary shall be entitled to an amount equal to his salary, wages or other remuneration for one-half the number of days standing to his credit and in any event, not in excess of the amount of one-half year's earnings (180) days at the rate received by the Firefighter immediately - 8 - 7.01 (contd.) prior to termination of employment and providing that the Firefighter has completed three (3) years of service with the Corporation immediately prior to the termination of employment. 7.02 An unbroken month of service shall be one where a Full.-time Firefighter is employed on all his working days in the month and is not absent from his duties other than on account o: (i) accident or illness (ii) time off for death in the immediate family (iii) time off granted under Article 11. ARTICLE 8 HOSPITAL AND MEDICAL COVERAGE - 8.01 The Corporation will pay 100% of the premium cost of the following: a) Ontario Health Insurance Plan b) $20,000 Double Indemnity Life Insurance Plan c) 35C Deductible Blue Cross Prescription Drug Plan d) Blue Cross Semi-Private for all Full-time Firefighters with membership in such plans. - 9 - SALARIES - 9.01 The following shall be the scale of salaries paid to Fire Department personnel - Classification 1st Class Firefighter $18,663.00 2nd Class Firefighter 908 of 1st Class Firefighter 3rd Class Firefighter 808 of 1st Class Firefighter Probationary 708 of 1st Class Firefighter Captain 1108 of 1st Class Firefighter Fire Prevention and Training officers 1158 of 1st Class Firefighter 9.02 The Corporation hereby agrees that it shall withhold from the wages of all members of the permanent force of the Fire Department, all monthly dues which have been properly levied against Association members and will transmit same to the Treasurer of the Association at such time or times in each year as shall be mutually agreed upon by the Corporation and the Association. 9.03 a) Overtime overtime pay for Firefighter's duty will be paid at the rate of lh times the normal hourly rate of pay. The above will be paid twice a year July 1st and December 15th. b) Callback - Any Firefighter who has completed a regular scheduled shift and gone home, if called back in for extra service shall receive a minimum of $12.66 or 1'h times his regular rate, whichever is greater, for the first hour and time and one- half his regular hourly rate thereafter. - 10 - ARTICLE 10 PROMOTIONS AND SENIORITY - 10.01 A Firefighter promoted to the position of Officer within the Fire Service shall serve a probationary period of six (6) months. It is understood that in the event that a Firefighter promoted to the position of officer is not confirmed, he shall have the right to return to his former rank. 10.02 In determining a Full-time Firefighter's length of service for seniority purposes, computation will begin on the date the Full-time Firefighter began work. Former Full-time Firefighters re-entering the service after continuity of service has been broken by any reason (Her Majesty's Service excepted) shall be considered new Full-time Firefighters, and seniority shall start as of the date they re-enter service. 10.03 Each Full-time Firefighter after serving the compulsory twelve (12) month probationary period shall be reviewed by the Chief with a view of advancement, one classification each twelve (12) months thereafter until he has reached the rank of First Class Firefighter. 10.09 Seniority shall hereafter refer only to seniority of a Firefighter within the full-time departmental staff covered by this agreement. 10.05 Seniority list to be posted by the Corporation in all the halls each year by January 15th. - 11 - 10.06 Layoff Procedure - a) In the event of a reduction in the work force, layoff shall commence with the Firefighter with the least amount of total departmental seniority with the Fire Department. b) Firefighters so laid off shall retain, but shall not accrue, their seniority while laid off. In the event of recall or increase in the work force positions will be filled in reverse manner to the layoff. c) A Firefighter will be deemed to have resigned if, after layoff he fails to acknowledge his availa- bility to report to work within five (5) days after notice of recall is issued (excluding Saturdays, Sundays and Statutory Holidays) and further, if he fails to report to work within ten (10) working days after notice of recall is issued. ARTICLE 11 LEAVE OF ABSENCE - 11.01 The Corporation may grant leave of absence, without pay and without loss of seniority or occupational classification, to any Firefighter requesting such leave for a good and sufficient cause. 11.02 Subject to the approval of the Town Manager, the Fire Chief may grant leave of absence with pay to a Firefighter upon any special grounds, and the period of any such leave of absence shall be charged against the Firefighter's sick leave credits. 11.03 All requests for leave of absence shall be in writing. 11.04 A Firefighter may only accumulate seniority during the first three (3) months of a granted leave of absence under any paragraph of this Article. - 12 - 11.05 When a Firefighter is subpeonaed 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 Firef'_ghter's compensation for his witness fee or conduct money as a witness and the salary or wages which he would otherwise have earned had he worked the regular working day involved. 11.06 Leave of absence without pay or loss of seniority for attendance at Association Conventions will be granted to not more than one Firefighter for a period not to exceed six (6) days in any year, providing a replacement acceptable to the Fire Chief is provided by the Association at straight time. ARTICLE 12 BEREAVEMENT PAY - 12.01 Where in the discretion of the Fire Chief or the Town Manager it is justified, a Firefighter will be allowed up to three consecutive days off with pay when a death occurs in his immediate family, which shall mean, father, mother, father-in-law, mother- in-law, sister, brother, spouse, child or other relatives living with the Firefighter. 12.02 A Firefighter shall be allowed one (1) day off with pay when death occurs of a sister-in-law, brother-in- law, grandparent, son-in-law, daughter-in-law, or grandchild in order to attend the funeral and such leave shall be charged against the sick leave of the Firefighter. - 13 - ARTICLE 13 PENSIONS & INSURANCE - 13.01 The Municipality agrees to continue the present OMERS Pension Plan which provides a Pension 1. Equal to 28 of the Firefighter's annual contributory earnings during the 60 consecutive months of highest contributory earnings, multiplied by 2. the number of years of credited service since enrolment in OMERS after January 1, 1966 (maximum 35) 3. reduced, when the member is entitled to a pension under the Canada Pension Plan (CPP), by: the lesser of: 0.78 x (a) the average of YMPE for the year the member retires ) and the two preceding years,) number of years or, ) ) of credited service (b) pensionable earnings which ) x since enrolment in are the average annual con- ) OMERS after tributory earnings during ) January 1, 1966 the 60 consecutive months ) (maximum 35) of highest contributory ) earnings ) 4. The Corporation agrees to continue the present OMERS Type 2 Supplementary Pension Plan using the 28 Formula, effective January 1st 1976. The cost of such a Plan will be assumed by the Corporation. 13.02 The Full-time Firefighters record of the pension con- tributions shall be made available for individual approval annually. 13.03 Each Full-time Firefighter as a condition of employment, will participate in the existing Group Life Insurance Plan (Article 8.01, paragraph (b)) with the premium cost to be assumed by the Corporation. - 14 - 13.04 All Full-time Firefighters shall, as a condition of employment, participate in the Pension Plan in effect at the time of commencement of employment. 13.05 All Firefighters reaching normal retirement age, sixty (60) years, shall be obliged to retire from the Corporation on the-last day of the month after the attainment of the normal retirement age, as defined in the Ontario Municipal Employees Retirement System Pension Plan. ARTICLE 14 UNIFORMS & EQUIPMENT - 14.01 The Corporation agrees to supply all Full-time Firefighters with the following: a) One tunic every three years. b) Three pairs of uniform pants every two years (to alternate with summer weight pants). c) Four uniform shirts each year (two shirts to be short-sleeved) d) Three uniform ties each year e) One uniform winter coat every four years f) One uniform cap each year g) Two permanent press fatigue shirts each year h) Two pairs of permanent press fatigue pants each year i) One pair of rubber boots, for renewal at the discretion of the Fire Chief - 15 - 14.01 (contd.) j) One safety helmet with front name shield and flip-up shield affixed, for renewal at the discretion of the Fire Chief k) One modern fire coat, for renewal at the discretion of the Fire Chief. The Corporation agrees to phase in new firefighting coats of a standard equal to a Safety Supply Company Systems 3, 7.5 Nomex coat with Fire Marshal's Scotchlite reflective markings. Coats to have one internal and two external pockets. 1) One pair of rubber mitts and one pair of Nomex gloves m) insoles as needed n) All shoulder flashes to be affixed to new uniforms when supplied. 14.02 The measuring and ordering of uniforms shall be completed by the first day of February of each year. 14.03 The Corporation agrees to permit the Association to provide beds and bedding, at each Fire Hall, for use of Firefighters on night shift. . The Association will be responsible for all cost involved, including the cost of laundry and under no circumstances will the Corporation assume any portion of such costs, either directly or indirectly. - 16 - ARTICLE 15 ACTING RANK - 15.01 When the Fire Chief and Captains are absent from duty, a senior qualified member of the Association on duty shall be assigned in charge of the Fire Department for that period of duty, and his salary shall be adjusted to the rank of Captain, subject to the following: (i) A Firefighter who is assigned to perform all the regular duties of a Captain for a temporary period of time not less than one full tour of duty in each assignment, shall receive salary at the rate of such higher rank for the entire period he is so assigned. (ii) The pay for acting rank in the above shall be paid each pay day. ARTICLE 16 DISCHARGE OR DISCIPLINE - 16.01 The procedure governing discharge cases shall be pursuant to Section 4 of the Fire Department Act, as follows: 114 (i) A Full-time Firefighter shall not be discharged without being given at least seven (7) days notice in writing of the proposed discharge and the reasons thereof, and may, before the expiry of the notice require a hearing by delivering a notice in writing to that effect to the Town Manager of the Municipality. - 17 - 16.01 (contd.) (ii) Where a notice requiring a hearing is delivered under subsection 1, the Council or a Committee thereof shall hold a hearing, and the Firefighter may be represented at the hearing by counsel. (iii) Where a Firefighter requires a hearing under subsection 2, the discharge shall not take effect before the hearing is disposed of." 16.02 Cases involving alleged unjust discipline or suspension shall start at stage four of the Grievance Procedure. 16.03 A Full-time Firefighter who is exonerated under Section 16.01 hereof, or 16.02 hereof, shall be reinstated and paid his salary for the time lost. ARTICLE 17 GRIEVANCE PROCEDURE - 17.01 The Full-time Firefighters shall appoint a Grievance Committee from among their members of three (3) men, and shall notify the Corporation of the personnel of such Committee and any changes made therein from time to time. 17.02 In the event of a complaint or grievance relating to the interpretation, application or administration of this Agreement, including any 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 a Full-time Firefighter, he may then proceed as follows: - 18 - 17.02 (contd.) STAGE 1 - The Full-time Firefighter may take up the matter in writing with the officer in charge of his shift not later than forty-eight (48) hours after the date of the incident complained of, and failing settlement within forty-eight (48) hours. STAGE 2 - The Full-time Firefighter may take up the matter with the Fire Chief within forty- eight (48) hours of the date he took the matter up with the officer in charge of the shift. STAGE 3 - If the matter is not settled by the Fire Chief within forty-eight (48)hours of the date it was taken up with him, the Grievance CXx mittee accompanied by the Full-time Firefighter may take the matter up with the Town Manager within forty-eight (48) hours of the date it was first taken up with the Fire Chief by the Full-time Firefighter. STAGE 4 - If the matter is not settled by the Town Manager within five (5) working days of the date it was taken up with him at Stage 3, it may be referred by the Grievance Committee within seven (7) working days of the date it was taken up with the Town Manager to the Executive Committee of Council. - 19 - 17.02 (contd.) STAGE 5 - If the matter is not settled by the Executive Committee of Council it may, by notice in writing to the Town Manager, be referred to arbitration by the Grievance Committee under Article 18 of this Agreement within seven (7) working days of the date it was first taken up with the Executive Committee of Council. 17.03 Group Grievances - In case a group of Full-time Firefighters have an alleged grievance, it shall be taken up by the Grievance Committee starting at Stage 3. 17.04 General Grievance - Any difference arising directly between the Association and the Town concerning the interpretation or violation of the terms or provisions of this Agreement, may be submitted to either party by the other at Stage 4 within and not after ten (10) working days of the date of the incident complained of. 17.05 In determining the time within which any step is to be taken under the foregoing provisions of this Article, Saturdays, Sundays and Statutory Holidays shall be excluded. Time limits fixed by this Article may be extended by agreement in writing between the parties. - 20 - 17.06 At any Stage of the Grievance Procedure, including arbitration, the conferring parties may have the assistance of the Full-time Firefighters concerned and any necessary witnesses, and all reasonable arrangements shall be made to permit the conferring parties to have access to the Department, to view disputed operations and to confer with the necessary witnesses. ARTICLE 18 ARBITRATION - 18.01 Where a difference arises betweeen the parties relating to the interpretation, application or administration of this Agreement or where an allegation is made that the Agreement has been violated, either of the parties may after exhausting the Grievance Procedure as set out in Article 17, notify the other party in writing of its desire to submit the difference or allegation to arbitration and if the recipient of the notice and the party desiring the arbitration do not within fifteen (15) days agree upon a single arbitrator, the appointment of a single arbitrator shall be made by the Minister of Justice and Attorney-General upon the request of either party, and the arbitrator shall commence to hear and determine the difference or allegation within thirty (30)days after his appointment or at such other time as may be agreed upon by the parties and the arbitrator, and the arbitrator shall issue a decision within a reasonable time after hearina the difference or allegation and the arbitrator's decision is final and binding upon the parties. The - 21 - 18.01 (contd.) 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 19 PROVISIONS - 19.01 The provisions of the Fire Department Act, R.S.O. 1970, c. 169 and any amendments thereto shall apply to this Agreement. ARTICLE 20 DURATION - 20.01 This Agreement shall remain in force and effect from the first day of January 1978 until the 31st day of December 1979 and from year to year thereafter. In the event of either party desiring or proposing any change or alteration in the agreement, such party shall give to the other party not less than thirty (30) days written notice before the renewal date and both parties shall thereupon negotiate in good faith in respect to the matters which it is proposed to change or alter and the remaining provisions shall automatically renew themselves as aforesaid. - 22 - 20.02 Notwithstanding the provisions of Article 20.01, the parties agree to negotiate changes to Article 9, after January 1, 1979 with any adjustment agreed to effective January 1, 1979. IN WITNESS WHEREOF the Corporation has hereunto caused its Corporate Seal to be affixed under the hands of its duly authorized officers, and the Town of Pickering Professional Firefighters' Association, Local 1632, International Association of Firefighters has caused this instrument to be executed by their proper officers hereunto duly authorized. THE TOWN OF PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION, Local 1632, International Assocation of Firefighters ell L726 THE CORPORATION OF THE TOWN OF PICKERING