HomeMy WebLinkAboutBy-law 3907/91THE CORPORATION OF THE TOWN OF PICKERING
]]Y-LAWNO. 3907/91
Being a by-law to authorize the execution of a Collective
Agreement between Tile Corporation of the Town of
Picketing and the Picker#tg Professional Firefighters'
Association (January 1, 1991 - December 31, 1991).
WHEREAS pursuant to the provisions of sections 5(1) and 70 ) of the Fire Departments Act, R.S.O.
1980, chapter 164, the Council of the Corporation of the Town of Picketing may enter into an
agreement, in writing, with the Picketing Professional Firefighters' Association for the purpose of
defining, determining and providing for remuneration, pensions or working conditions of full-time
fkefighters as defined in that Act;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS
FOLLOWS:
The Mayor and Clerk ate hereby authorized to execute a Collective Agreement in the form
attached hereto as Schedule A, between The Corporation of the Town of Picketing and the
Picketing Professi6nal Firefighters' Association for the purpose of defming, determining and
providing for remuneration, pensinns and working conditions of full-time firefighters, from
January 1, 1991 to December 31, 1991, both inclusive.
BY-LAW read a first, second and third time and finally passed this 16th day of December, 1991.
Wayne Artlm"rs, M~yor
/Bmce Taylor,~t~rk ~
SC/-~DDI~E A
THiS AGSEE#EIIT ~ this lit clay of January, 1991.
SETTEE#:
OF THE FIRST PAST
PICKERING PROFESSIONAL FIREFIG#TERS' ASSOCIATION
hereinafter called the "Association'
OF THE SECOND PART
~HEREAS the Parties hereto wish to establish and maintain 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 at[ Firefightere and Fire Oispetchers who ere subject to
the provisions of this Agreement;
NO~ THEREFORE, THIS AGEEE#ENT UITNESSETH:
1 .QI
1.02
ARTICLE 1 - SCOPE OF AGREEHE#I
l~ this Agreement, the term,
(e) -Oispatcher" means a full-time Fire Dispatcher of the Town of Pickering Fire
Department;
(b) -Firefighter- means a full-time Firefighter of the Town of Picketing Fire Oepartment,
and Includes a Captain, Officer and inspector, but does not include s Fire Chief or
Deputy Chief; and
(c) "Employee" means a Oispatcher or a Firefighter.
The provisions of this Agreement shall apply to all Employees in the Department.
2.01
2.02
2.03
2.04
2.05
ARTICLE 2 - RECOGNITION
The Corporation retains the sole right to manage ail services and direct the working
forces, including the rLght to hire, promote, transfer, reprimand, penalize, suspend,
discharge or demote its Employees for just cause. A claim of discriminatory promotion,
demotion or transfer or a claim that any Employee has 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.
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 final
approval of any Agreement by the Corporation.
The Corporation recognizes the Association es the exclusive bargaining agent for att
Employees, and this Agreement shall be regarded as being applicable to att such Employees.
ALL Employees while in uniform, whether on or off duty, shall be governed by the rules
and regulations of the Department es established and published by the Fire Chief from
time to time.
ALL Employees that are now members of the Association shall remain members thereof and
the new Employees of the Oepartment shat[ become members of the Association within the
first 30 days of their probationary period and wilt continue their membership in good
standing in the Association as a condition of continued employment.
-2-
2.06
2.07
3.01
3.02
3.03
3.04
4.01
4.02
The Corporation and the Association agree to keep each other advised, in writing, of the
names of the Executive Committee end the gsrgainlnQ CO~ltittee.
The Corporation and the Association agree thst at no time will discrimination be shown
toward any Employee who ie covered by this Agreement. No strike or lock-out shell 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 - #OURS OF
Dispatchers amd Fireflghters other than Fire Prevention Officers, Training Officers and
fire Inspectors shall be required to work s 42 hour week on the sverage, based on the two
platoon system, consisting of a ten hour day and a fourteen hour night.
Working Schedule - 42 Hours Per Week
Mon. Tues. Ued. Thurs. fri. Sat, Sun. Tota~
Days 1st Ueek 10 10 10 10 40
Nights for 2nd Week 14 14 14 14 56
Days 3rd Week 10 10 10 30
Nights 4th Week 14 14 16 42
Nothing in the above Schedule of Hours of Work shall prevent the Fire Chief Qranting the
written request of,
any two Firefighters to exchange shifts or days off; or
Lb) any two Dispatchers to exchange shifts or days off.
Fire Prevention Officers, Training Officers and Fire Inspectors shall work a system of
hours to be determined and schedu[ed in advance by the Fire Chief, provided, however,
that the system shaLL in no way impair the efficiency of the Oepartment and provided that
their hours of work shall not exceed those of other EmpLoyees.
AlL Employees who have completed the years of service shown be[ow on their seniority
dates shaft be entitled to the corresponding vacation with pay:
Length of Vacation with Pay
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 [ess than ten years
Ten years but tess than seventeen years
Seventeen years but tess than twenty-five years
Twenty-five years or more Six weeks
Three weeks
Four weeks
Five weeks
EmpLoyees' vacation periods shaLL be drawn by seniority. Three employees from each shift
may take the same vacation period at the same time. At the discretion of the Fire Chief,
those Employees who are entitled to more than two weeks vacation may choose their entire
allotment on · consecutive week basis if desired. After each EmpLoyee has had the
opportunity in turn of making this choice, seniority shall again govern with respect to
those Employees entitled to additional vacation periods using the above formula.
- 3-
~..03
~'.04
6.05
6.06
/*.07
5.01
5.07
Vacation date requests shall be submitted to the Fire Chief on or before December let of
each year and the Vacation Schedule shat[ be posted on or before December 31st of each
year.
Vacations shall not be accumulative without the special permission of the Town Manager.
Only one vacation accumulation or extended vacation uiLi be permitted during each three
year period.
An employee who is an admitted in-patient in hospital or confined under doctor's
direction as e result of il[ness or injury occurring immediately prior t9 his scheduled
vacation may have his vacation re-scheduled, if possible.
ELigibility for vacation re-scheduling under Article 4.06 shall require a medical
certificate stating the inclusive dates the employee wes admitted or confined and the
date of the occurrence of the illness or injury.
ALi Employees shall be entitled to twelve 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 [ess than the complete year.
The fo[Lowing are considered as statutory holidays:
Good Friday
Easter Monday
Victoria O~v
Civic Xo[iday
Labour Day
Thanksgiving Day
Remembrance Day
Oecember 24th
Christmas Oay
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 1st in the year in which the statutory holidays occur.
6.01
ARTICLE 6 - UORKERB' CO#PERSATION
ghen 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 compensation and his
regular pay.
7.01
7.02
ARTICLE ? - SICE LEAVE
Each Employee shall be entitled, upon completion of three month's employment, to sick
Leave with pay (,,sick Leave") which shall accumulate at the rate of 1-1/2 days per month
of service.
An unbroken month of service shall be one where an Employee is employed on ali his working
days in the month and is not absent from his duties other than on account of:
(a) accident or il[ness;
(b) Leave of absence granted under Article 12;
(c) bereavement Leave granted under Article 13.
- & -
7.03
7.04
7.05
7.06
7.07
7.08
The Town Witt establish s Sick Leave Hank for the benefit of Association memberl.
Where an Employee Ii entitled, es of the end of December ]1st in any year, to accumulated
sick leave in excess of two days, ell but two days thereof will be carried forward to the
next year for that Employee's use.
Any amount of sick Leave to which an Employee ia 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 Hank.
Where an Employee has exhausted his sick leave entitlement end is unable to work because
he is sick, he may apply to the Corporation for a draw upon the accumulated sick leave, if
any, in the Sick Leave Sank.
Upon receipt of an application for · Sick Leave Hank draw, the Corporation shall notify
the Association of the name of the employee applying and the amount of sick leave applied
for, if known.
The Corporation shat[ Hrant an application for s Sick Leave Bank draw on[y where,
(a)
(b)
the Sick Leave Bank has accumuLated sick leave sufficient to cover the draw; and
the Association consents in writing to the draw.
ARTICLE 8 - HOSPITAL & NEDICAL COVERAGE
8.01
8.02
The Corporation shat[ pay 100~ of the premium cost of the foLLowing:
ia) Ontario HeaLth Insurance PLan;
(b)
Life Insurance to two and a half times the annual salary of the Employee to the
nearest $100.00 including an accidental death and dismemberment provision;
(c) Hsjor Medical PLan including Prescription Drugs;
id)
Long Term Disability Plan providing 75~ of salary under Article 10 subject to a
maximum of S3,500.00 per month; there shaft be · 1?-week waiting period before
comencement of LTD benefits.
(e)
Vision care plan to provide up to $120 every two years for glasses and/or contact
Lenses.
if)
Dental PLan equivalent to the BLue Cross PLan Number 9, utilizing the 1990 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.
Each employee, as a condition of employment, wi[[ participate in the Life Insurance PLan
referred to in ArticLe 8.01(b)~ above.
ARTICLE 9 * HETIHEE~S BENEFITS
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:
ia) Ontario HeaLth Insurance Plan;
(b) Major Medical PLan including Prescription Drugs.
ARTICLE 10 - SALARIES
10.01 The following shall be the scsie of salaries paid to S~oLoyees:
CLASSIFICATION
2nd CLass Firefighter
- 90I of 1st CLass Firefighter
Srd CLass Firefighter
- 80I of 1st CLass Firefighter
4th CLass Firefighter
- 67.5X of 1st C(sss Firefighter
Captain
- 115I of 1st Class Firefighter
Fire Prevention & Training Officers
- 115I of 1st CLass Firefighter
- 118X of 1st Class firefighter
(Effective July 1, 1991)
Fire Inspector - Grade
- 100I of 1st CLass FirefiQhter
Fire Inspector - Grade 11
- 90~ of 1st Class Firefighter
Dispatcher - (First Six Months)
- 65I of 1st CLass Firefighter
Dispatcher - (After first Six Honths)
- 71~ of 1st CLass Firefighter
JAR. 1/91 JULY 1/91 DEC. 31/91
S48,768.00 S~9,7&3.00 S~9,892.00
S43,891.20 S44,768.70 S44,902.80
S39,01&.40 S39,794.40 S39,913.60
$32,918.40 $33,576.53 S33,677.10
S56,083.20 S57,204.45 S57,375.80
$56,083.20 S57,204.45 S57,375.80
S57,546.24 S58,696.74 $58,872.56
S48,768.00 S&9,7&3.00 S49,892.00
S43,891.20 S44,768.70 S44,902.80
S31,699.20 S32,332.95 S32,429.80 -
$3~,625.28 $35,$17.53 $35,423.32
10.02
The Corporation shall withhold from the wages of ell Employees a[L monthly dues and
assessments properly Levied by the Association members end will transmit same to the
Treasurer of the Association at such time or times in each year as shah be mutually agreed
upon by the Corporation and the Association.
10.03 (1) Overtiae
Overtime pay will be paid quarterly at the rate of 1-1/2 times the normal hourly rate
of pay and shall receive a minimum of one hour;s pay at time and one haH.
(2) Callback
Any Employee who has completed a regular schedu[ed shift and gone home, if called back
in for extra service sha[[ receive 1-1/2 times his normal hourly rate of pay and shall
receive a minimum of one hour;s pay st time and one ha[f.
10.04
When an Employee is subpoenaed to court as a result of performing his duties, he shall be
paid straight time and, if off-duty, he shall be paid at the rate of [-i/2 times his normal
hourly rate of pay.
10.05 Statutory holidays shah be calculated st the rate of 1/182 of a year's wages for their
particular rank.
ARTICLE 11 - PROHOTIORS, SENIORITY & LAY-OFF
Promotions - Firefighters
11.01 (1) When a Firefighter is hired, he shall be on probation for s period of twelve months.
(2) After serving the probationary period, each Firefighter shah be reviewed by the Fire
Chief with a view to advancement.
(3)
Thereafter, each Firefighter shat[ be reviewed, on the anniversary of his previous
advancement, with a view to further advancement until he has reached the rank of 1st
Class Firefighter.
- 6 -
(~)
A FIrefighter promoted to the position of Officer within the Department shatL serve a
probationary period of wix months, in tho event that a Ftrefighter promoted to the
position of Officer ia not confirmed, he ahaLt have the right to return to his former
rank. A Fireftghter must serve the rank of 1at Crass for s period of two years before
being etlgibLe for promotion to · higher rank.
Pro~otions - Dis~tcher$
11.02 When · Dispatcher is hired, he sha([ be on probation for a period of 90 days,
11.03
Recommend&(ions for att promotions of Oispatchers she[[ be based upon seniority of years of
service within the Department, together with efficiency and due regard to ski[[, merit and
ability. The Fire Chief shat[ be the one to determine the efficiency of the Dispatcher and
make his recon~nendationa to the Town #ShaDer.
Seniority - Firefighters & Dispatchers
11.04 (1)
In determining an Employee's length of service for seniority purposes, computation
wi[I begin on the date the Employee began work. Former Employees re-entering the
service after continuity of service has been broken by any reason (Her Hajesty's
Service excepted) shat( be considered new Employees, and seniority shat[ start as of
the date they re-enter service.
(2)
Seniority for a Dispatcher shat( not be credited un(it the comptetion of his
probationary period; however, upon completion thereof he shall be deemed to have
acquired seniority and shat( be credited with seniority in accordance with ctause (1),
above.
11.05 Seniority shot( mean seniority of an E~ptoyee within his particutar emptoyee group (i.e.
Firefighters or Dispatchers).
11.06 A seniority tis( shat( be posted by the Corporation in att firehai[s each year by January
15th.
Lay-Off Procedure - Ftrefighters
1t.07 (1)
in the event of a reduction in the firefighter work force, [ay-off shat[ commence with
the Firefighter with the [east amount of seniority with the Firefighter group,
provided the more senior fJrefighters remaining are able to perform the work required.
(2)
Firefighters so (aid off shalL retain, but shall not accrue, their seniority white
raid off. (n the event of re-ca[[ or increase in the work force, positions wilt be
fitted in reverse manner to the [ay-off.
(3) A Firefighter shall be deemed to have resigned if, after [ay-off,
ia) he fai[s to acknowledge his avaitabi[ity to report to work within five days
(excluding Saturdays, Sundays and statutory hotidays) after the date the notice of
re-ca[[ is sent by registered mai[ to the [est address provided by the
Firefighter, in writing, to the Corporation's Personnel Office; or
(b) he faits to report to work within ten days after notice of re-ca[[ is issued.
Lay-Off Procedure - Dispatchers
11.08 (1)
In the event of a reduction in the Dispatcher work force, ray-off shaLt commence with
the Dispatcher with the [east amount of to(at departmental seniority with the
Dispatcher group.
(2)
Dispatchers so (aid off shat( retain, but shai[ not accrue, their seniority white laid
off. in the event of re-ca[[ or increase in the work force, positions uiit be fi[ted
in reverse manner to the [ay-off.
(3) A Dispatcher shat( be deemed to have resigned if, after (ay-off,
ia) he faits to acknowledge his availability to report to work within five days
(excluding Saturdays, Sundays and statutory holidays) after the date the notice of
re-ca[[ is sent by registered mai[ to the test address provided by the Dispatcher,
in writing, to the Corporation's Personnet Office; or
(b) he faits to report to work within ten days after notice of re-celt is issued.
- 7 -
A~T]CLE 12 - LTAVE OF ABSENCE
12.01
12.02
12.03
12.04
12.05
12.06
13.01
13.0Z
occupational classification, to any EmpLoyee requesting such Leave for a good end
Subject to the approval of the Toun Neneger, the Fire Chief may grant Leave of absence with
pay to an EmpLoyee upon any special grounds, and the period of any such Leave of absence
shaLL be charged against the EmpLoyee's sick Leave credits.
Att requests for Leave of absence shaLL be in writing.
An employee may only accumulate seniority during the first three months of a granted &eave
of absence under any paragraph of this ArticLe.
When an EmpLoyee is subpoenaed as a court witness, he shaLL not suffer any Loss of salary
or wages uhite so serving, provided that the Corporation sheLL be obliged to pay only the
difference between such EmpLoyee's compensation for his witness fee or conduct money as a
witness and the salary r wages which he would otherwise have earned had he worked the
regular working day involved.
Leave of absence without pay or Loss of seniority to attend to Association business will be
granted to not more than four Employees for s maximum of twenty-four days in any year,
providing s replacement or replacements acceptable to the Fire Chief is or are provided by
the Association.
ARTICLE 13 - BEREAVE#ENT LEAVE
Where in the discretion of the Fire Chief or the Town Manager it ia justified, an Employee
wilt be aLLowed up to three consecutive days off with pay when s death occurs in his
immediate family, which shaLL mean father, mother, father-in-taw, mother-in-Law, sister,
brother, spouse, child or other relative Living with the EmpLoyee.
An EmpLoyee shaft be aLLowed one day off with pay when death occurs of a sister-in-Law,
brother-in-Law, grandparents, son-in-[aw, daughter-in-Law or grandchild, in order to attend
the funeral and such Leave shaLL be charged against the sick Leave credits of the EmpLoyee.
14.01
14.02
14.03
14.04
ARTICLE l& - PENSIONS & INSURANCE
(1)
The Corporation shaLL continue its contribution and the contributions of its employees
to the present O.M.E R.S Pension Pten 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 enrotment in O.N.E.R.S.
after January 1st, 1966 (maximum 35), and
when the member is entitled to a pension under the Canada Pension PLan, reduced by
the Lessor of:
0.7% X
a) the average of YMPE for the year the
member retires and the two preceding
years, or
b) pensionable earnings which are the
average annual contributory earnings
during the 60 consecutive months of
highest contributory earnings
X
number of years credited service
since enrotment in O.N.E.R.S.
after ~anuar¥ 1st, 1966
(maximum 35)
(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.
The EmpLoyee's record of the pension contributions shaLL be made avaiLabLe for individual
approval annually.
At[ EmpLoyees shaft, as a condition of employment, participate in the Pension PLan in effect
at the time of commencement of employment.
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.
- 8 -
15.01
15.0Z
Where in employee charged with a criminal or statutory offence while performing him
reaponalblLlties end flowing from his duties is acquitted of such cherQel, the em~oloyee ehetL
be reimbursed for any reasonable Legal expenses that have been taxed purguent to the
$oiLcttor'e Act and incurred as a result of such charges.
The Corporation wiLL continue the coverage under its present existing general Liability
insurance or equivalent coverage.
Uniforls & Equiplent -
16.01
16.02
16.03
16.0~
Firefighters
The Corporation shall supply all full-time Firefighters with the foLtoHing:
ia) one double-breasted style tunic every three years for att F~reftghters and one
single-breasted style tunic for al[ officers every three years.
(bi three pairs of uniform pants every two years (to alternate with sun, her weight
pants);
Lc) four uniform shirts each year (two shirts to be short-sleeved);
id) two uniform ties each year;
(e) one uniform Hinter coat every four years;
(fi one uniform cap every two years;
(g) two Light blue permanent press fatigue shirts each year;
(hi tho pairs of dark blue permanent press fatigue pants each year;
(ii one pair of rubber boots, for renewal at the discretion of the Fire Chief;
one safety helmet with front name shie%d and fttp-up shield affixed, for renewal
at the discretion of the Fire Chief;
(k) A two-piece protective ensemble consisting of · protective coat and trousers
which conforms to the CANAD]AH GENERAL STANDARDS BOARD standard CAN
CSGB*155.1-~88 and shall also include a ~inter Liner and have one internal and
two external pockets;
il) one pair of rubber mitts and one pair of Nomex gloves; and
(m) insoles as needed.
in) one pair of black Leather safety shoes to ali Ffreffghters permanently assigned
to the Fire Prevention Division.
with shoulder flashes to be affixed to both shoulders of new uniforms Hhen supplied,
- 9-
UnJfor.~ & EauJ~t - Dt.oatchere
16.05 The Corporation shall supply ail full-time Dispatchers with the following:
Ca) one double-breasted style tunic every three years;
(b) three pelts of uniform pants or skirts every two years (to alternate with summer
weight pants or skirts);
(c) four uniform shirts each year ;
id) two uniform ties each year;
(e) one uniform winter coat every four years; and
if) 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. Alt tunics ~itL have one service bar affixed
for every five years of service.
16.06 The measuring and ordering of uniforms shall be compteted by March 1st of each year.
~6.07 The Corporotion shall pay to each Dispatcher a cleaning allowance of SgO.O0 per o~nu~ before
January 31st each year.
ARTtCLE 17 - ACTING RAN[ - FIREF[GHTERS
17.01
ghen 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 Oepartment,
ia) 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 Department, the most senior qualified Firefighter who is on duty,
shall be required by the Fire Chief to perform the duties of a Captain and shall be paid at a
Captain rote while performing those duties.
17.02 Article 17.01 does not apply to Firefighters requested to perform the duties of a Captain ~ho
is,
ia) a Fire PreventLon Officer,
Cb) a Training Officer, or
(c) A Fire Inspector
17.03 When the Fire Prevention Officer is not on duty in the Oepartment, a Fire Inspector - Grade 1
- may be required by the Fire Chief to perform the duties of the Fire Prevention Officer and,
if so required, sha[[ be paid at the Fire Prevention officer,s rate.
- 10 -
ARTICLE 18 - DISCHARGE OR DISCIPLINE
18.01
18.02
18.03
the procedure governing discharge cases shall be pureuent to section 4 of the Fire
Departments Act.
Csses involving alleged unjust discipline or suspension shell start et Stage 1 of the
Grievance Procedure.
A Firefighter or Dispatcher who is exonerated under section 18.01 hereof, or 1D.02 hereof,
shall be reinstated and psid his salary for the time Lost.
ARTICLE 19 * GRIEVANCE PROCEDURE
19.01
1g.02
The Association shall appoint s Grievance Comeittee from among their members of three
persons, and shat[ notify the Corporation of the personnel of such Committee and any changes
made therein from time to time.
In the event of a complaint or grievance relating to the interpretation, application or
administration of this Agreement, including any alteration that this Agreement has been
violated or any question as to whether s matter is arbitrable, or as the result of any action
invotving an Employee, he may then proceed as fo[tows:
STAGE 1
The Employee may take up the matter in writing with the Fire Chief or Deputy
Chief not tater than two days after the day of the incident complained of.
STAGE 2
If the matter is not se[tied by the Fire Chief or Deputy Chief within two days
of the day it was taken up with him at SteRe 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 se[tied 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.
STAGE 4
Zf 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 20 of this Agreement within seven days of the
day it was first taken up with the Executive Con,nit[es of Council.
19.03
General
In case a group of Employees has a grievance, it shall be taken up by the Grievance Committee
starting st Stage 2.
19.04
19.05
19.06
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 2 within and not after ten days of the day of the incident
complained of.
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 exctuded. Time Limits
fixed by this Article may be extended by agreement in writing between the Parties.
At any Stage of the Grievance Procedure, including arbitration, the conferring parties may
have the assistance of the Employees concerned and any necessary witnesses, and al[
reasonab[e arrangements shat[ be made to permit the conferring parties to have access to the
Department, to view disputed operations end to confer with the necessary witnesses.
19.07 A decision at any Stage of the Grievance Procedure shall be in writing.
-11 -
20.01
ARTICLE ~0 - ARBITRATION
Where s difference arises between the Parties relating to the tnterpretstion, sppltcstion or
ARTICLE 21 - TECHNOL~ICAL CHANGE
21.01 if the Corporation proposes to change the method of providing fire services to the community
by technological change, and as & result to displace an Employee from his position, the
Corporation shall notify the Association of its proposal as soon as practicable and afford
the Association an opportunity to meet with the Town Nanager, and such other management
personnel as he considers appropriate, prior to the implementation of the proposal.
21.02 When proposing to displace en £mpLoyee from his position in the process of implementing s
technological change, the Corporation shall consider the following possibilities:
La) ~he re-training of the Employee to work within the techno(ogicsLLy changed method;
Lb) the relocation ~ .~ Employee to another position, the requirements of which he has the
qualifications and ability to perform;
Lc) the relocation of the Employee to another position, the requirements of which he does
not have the qualifications or ability to perform, and the re-training of the employee
Ln that position.
21.03 Ln the event that an Employee being displaced as a result of technological change,
La) is not to be re-trained, relocated or relocated and re-trained, and
Lb) is to be Laid off,
such lay-off shall be governed by the provisions of Article 11.
22.01
22.02
22.03
22.04
NO work in classifications covered by this Agreement shall be contracted out at the expense
of present Employees being Laid off.
Where the Corporation is contemplating contracting out work of a nature performed by
Employees, the Association wit[ be given six month's notice of the Corporation's intent.
During the six month notice period referred to in Article 22.02, the Association shall be
given an opportunity to make representation to the Corporation with respect to the
contracting out of the work in question; the CorporatLon 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.
No tenders shall be invited until the expiry of the six month notice period referred to in
Article 22.02.
23.01
ARTICLE 23 - FIRE DEPARTNEHTS ACT
The provisions of the Fire Oepartments Act, R.S.O. 1980, c.164, as may be amended from time
to time, shall apply to this Agreement.
' 12 -
ARTICLE 24 ~ DURATION
This Agreement shall be in force and effect from January 1st, 1991 until December 31st, 1991
and from year to year thereafter. In the event of either Party desirino or proposing any
change or alteration in the Agreement, such Party shall give to the other Party not less than
]0 day's written notice before the renews[ date and both Parties shall thereupon negotiate in
good faith in respect to the matters which it is proposed to change or sitar end the
remaining provisions she[[ automatically renew themselves.
ARTICLE 25,- I#TERPRETATIO#
25.01
In this Agreement, uhere the context or circumstances require~
(a) singutsr shatt be construed as pluraL,
(b) pLura[ shall be construed ss singular, and
(c) masculine shall be construed ss feminine,
and related words ar~l phrases shall be construed accordingly.
- 13-
Z# ViTNESS WH'EREOF the Corporetlon hoe hereunto Ifflxed its corporate loll under tho hinds of its
du~y luthorIzed offtcoro, end tho Assocletfon his ClUlld thll Instrument to be executed by 1ts proper
officers duly euthortzed.
TNE COI~PMATIOI OF T#E TM OF PICKERING
Date Signed
CLerk
PZCKERI#G PROFESSIOIIAL FIREFLGNTERS' ASSOCZATIOM
Date Signed
Robert ViLLJMil, Preeident