HomeMy WebLinkAboutBy-law 4764/96 THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW NO. 4764/96
Being a by-law to authorize the execution of the
1995-1996 Collective Agreement, to ratify the terms
of the 1996-1998 Memorandum of Settlement (dated
April 2, 1996), and to authorize the execu-tion of
the 1996-1998 Collective Agreement bet-ween The
Corporation of the Town of Picketing and
Canadian Union of Public Employees Local 129
WHEREAS, pursuant to sections 207.45, 207.46, 207.47, 207.48 and 207.49 of the Municipal
Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of Pickering may
pass by-laws for providing various forms of remuneration, pensions, benefits and insurance for
municipal employees;
NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. 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 Canadian Union of Public Employees Local 129 respecting the period beginning
March 1, 1995 and ending March 31, 1996.
2. (1) The Memorandum of Settlement dated April 2, 1996, between The Corporation of the
Town of Picketing and Canadian Union of Public Employees Local 129, a copy of which
is attached hereto as Schedule B, is hereby ratified.
(2) The Mayor and Clerk are hereby authorized to execute a Collective Agreement, in the
form attached hereto as Schedule C, between The Corporation of the Town of Picketing
and Canadian Union of Public Employees Local 129 respecting the period beginning
April 1, 1998 and ending March 31, 1998.
BY-LAW read a first, second and third time and finally passed this 22nd day of April, 1996.
Bruce Taylor, Clerk
hrSI0[/~rsI04
2 3 0 SC O E A
TI-IlS AGREEMENT made as of the 1st day of March, 1995,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING~
hereinafter called the "Corporation",
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 1291,
hereinafter called the "Union".
ARTICLE 1 - PURPOSE
1.1 The general propose of this Agreement is to establish and maintain collective bargaining
relations between the Corporation mad those of its employees who are members of the Umon,
and to provide machinery for the prompt mad equitable disposition of grievances, and to
establish and maintam mutually satisfactory working conditions, hours and wages for all
employees who are subject to the provisions of this Agreement.
ARTICLE 2 - SCOPE
2.1 The Corporation recognizes the Union as the sole bargaining agent for all of its employees
except the following:
(1) Town Manager
(2) Executive Director
(3) Depa~hnent Heads
(4) Deputy Department Heads
(5) Manager, Accounting and Payroll services
(6) Manager, Building and Plumbing services
(7) Manager, Current Operations Division (planning)
(8) Manager, Human Resources
(9) Manager, Information Systems
(10) Manager, Legal Services
(11 ) Manager, Policy Division (Planning)
(12) Manager, Supply and Services
(13) Manager, Technical Services
(14) Supervisor - Development Control
(15) Supervisor - MUmcipal Works
(16) Works Supervisor
(17) Operations superX%or
(18) Transit superxasor
(19) Administrative Supervisors
(20) Superintendent, Complex Plant
(21) Superintendent, Facihties
(22) superintendent, Museum Operations
(23) Superintendent, Parks mad Property Operations
(24) Aquatic Superintendent
(25) Program Superintendents
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(26) Service Superintendent
(27) Coordinator, Economic Devalopment and Promotion
(28) Employmant Equity Coordinator
(29) Health ~md Safety Coordinator
(30) Chief Plumbing Inspector
(31) Chief Building Inspector
(32) TranSit Inspectors
(33) Executive Assistant, Town Manager
(34) Legal Services Clerk
(35) Coordinator of Council Services
(36) Administrative Assistants
(37) Corifidential Secretaries:
(a) F~re Chief
(b) Human Resources
(c) Legal Services
(d) Town Manager
(e) Trmsportafion
(f') Treasury
(38) Clerk-Typists:
(a) Human Resources
(b) Town Manager
(39) Fire Department employees
2.2 For the purposes of this Agreement,
(a) "permanent employee" means a person employed full-time or part-time by the
Corporation,
(1) for permanent work in a job described m Schedule A or B hereto, and
(2) whose duties are of a confining nature necessary to the general operations of
the Corporation;
(b) "tempormy employee" means a person employed full-time or part-time by the
Corporation,
(1) for temporary work in a job described in Schedule A, B or C hereto, to replace
a permanent employee or a special recreation employee who is temporarily
absent, or
(2) for temporary work in a job described in Schedule A, B or C hereto, for a
maximum of 120 calendar days (which maximum may be extended by mutual
agreement), and
(3) whose duties axe of a tempora~ nature necessary to the general operations of
the Corporation;
(c) "special recreation employee" meres,
(1)a person employed part-time by the Corporation for less than 24 hours per
week in a job described in Schedule C hereto, or
(2) students employed full-time or part-time by the Corporation during normal
school vacation periods;
(d)"full-time" means required to work the normal work day and the normal work week for
that classification on a regular basis; and
(e) "part-time" means required to work less thru the normal work day or the normal work
week for that classification on a regular basis.
2.3 Unless otherwise stated herein, this Agreement apphes to permanent employees, temporary
employees and special recreation employees, as defined in Article 2.2(a), (b) and (c).
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ARTICLE $ - NO DISCRIMINATION
3.1 There shall be no discrimination, interference, restriction or coercion exercised or practiced with
respect to any employee by reason of age, race, creed, colout, national origin, political or
religious affiliation, sex, nor by reason of membership or activity in the Union.
ARTICLE 4 - NO STRIK3ES OR LOCK-OUTS
4.1 So long as this Agreement continues to operate, there shall be no strikes or lock-outs as those
terms are defined in the Labour Relations Act.
ARTICLE 5 - CORPORATION'S RIGHTS
5. I The Union acknowledges that it is the exclusive function of the Corporation to hire, promote,
demote, transfer and suspend employees, md also the right of the Corporation to discipline or
discharge any employee for cause, provided that a claim by an employee, who has acquired
seniority, that he or she has been disciplined or discharged without reasonable cause, may be
the subject ora griev~ce and dealt with as hereinafter provided.
5.2 The Union further reco~i~es the fight of the Corporation to operate and m~age its business in
all respects in accordance with its commitments and responsibilities. The right to decide on the
number of employees needed by the Corporation at any time, the right to use methods,
machinery and equipment and jurisdiction over all operations, buildings, machinery, tools and
employees are solely and exclusively the responsibility of the Corporation.
5.3 The Corporation also has the fight and the Union reco~i~es it to make and alter from time to
time reasonable rules and regulations to be observed by the employees. Such changes and
general roles and regulations shall be posted on the bulletin board and shall not be inconsistent
with ~my of the provisions of this Agreement having particular regard for the provisions of
Articles 12, 13, 14, 16 and 19 respecting various seniority fights, as contained herein.
Wherever possible, the Union shall be given five day's prior notice of such changes.
5.4 The Corporation shall not exercise these fights in a manner inconsistent with the terms of this
Agreement.
ARTICLE 6 - UNION SECUR1TY
6.1 The Corporation recogmZes the Union as the exclusive collective bargaining agent for the
employees who fall within the scope of this Agreement.
6.2 All employees eligible to be in the Union will be required to pay to the Union an amount equal
to the current monthly Union dues, whether a member or non-member, so long as the Union is
the recogn/zed bargaining agent.
6.3 The Corporation shall deduct from the wages of each employee, a sum equal to the Union's
current monthly dues and remit monies so deducted to the Seeretary-Treasurer of the Union,
accompanied by a list of names showing those from whom deductions were made; the Union
shall keep the Corporation informed in writing as to the names and addresses of the proper
officers.
ARTICLE 7 - GRIEVANCES
7.1 Complaints and grievances of employees arising out of this Agreement shall be in writing and
shall be dealt with in the following manner.
PRELIMINARY STEP The complaint or grievance shall be filed with the Town
M~mager and the employee's Department Head within ten
working days of the act or omission which is the reason for the
complaint or grievance being made.
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STEP 1 The ~m~loyee, assisted by a representative of the umon, shall
take the matter up with the employee's Depa, tment Head within
the first two working days following the filing of the complaint or
griewce with the Town Manager. Failing s~tlement at this
stage, the ~mployee may proceed to Step 2.
STEP 2 The employee, assisted by a represeatative of the Union, may
take the matter up with the Town Manager within the first seven
working days following the filhlg of the complaint or grievance.
Failing settlmment at this stage, the employee may proceed to
Step 3.
STEP 3 The employee, assisted by a representative of the Union, may
take the matter up with the Cotmcil of the Corporation, or any
Committee thereof having jurisdiction, within the first twelve
working days following the filing of the complaint or grievance.
Failing settlement at this stage, the employee may proceed to
arbitration.
STEP 4 The Union may, on behalf of the employee, refer the matter to
arbitration provided it does so within ten working days at~er the
date upon which the Council or Committee rendered its decision
m Step 3.
7.2 Any decision given at any Step in the grievance procedure shall be given in writing.
Notwithstanding the foregoing, the Pacdes may, by mutual agreement in writing, emend 'the
time limits provided herein.
7.4 This Article applies only to permanent employees and special recreation employees.
ARTICLE 8 - ARBHRATION
8.1 Where a difference arises between the Parties relating to the interpretation, application or
administration of this Agreement~ including any question as to whether a matter is arbitrable, or
where an allegation is made that this Agreement has been violated, either of the Parties may,
al~er duly exhausting the grievance procedure established by this Agreement, notify the other
Party in writing of its desire to submit the difference or allegation to arbitration and the notice
shall contain the name of the first Party's appointee to an Arbitration Board. The reCiPient of
the notice shall, within five days, inform the other Party of the name of its appointee to the
Arbitration Board.
8.2 The two appointees so selected shall proceed to appoint a third person who shall be the
ChaLrperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees
fail to agree upon a ChaLrperson within fi~een days, the appointment shall be made by the
Ministry of Labour upon the request of either Party.
8.3 The Arbitration Board shall hear and determine the difference or allegation and shall issue a
decision and the decision is final and binding upon the Parties and upon any employee affected
by it. The decision of a majority is the decision of the Arbitration Board, but if there is no
majority, the decision of the Chah'person governs.
8.4 The Arbitration Board shall not have any authority to alter or change any of the provisions of
this Agreement or to substitute any new provision in lieu thereof, or to give any decision
contrary to the terms and conditions of this Agreement, or in any way to modify, add to or
detract fxom any provision of this Agreement.
8.5 Each of the Parties to this Agreement will pay the fees and disbursements of its appointee to the
Arbitration Board, and will share equally the fees and disbursements of the Chahperson.
8.6 This Article applies only to permanent employees and special recreation employees.
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ARTICLE 9 - DISCHARGE AND DISCIPLINE CASES
9.1 In the evant that ma employee, other than an employee serving a probafiona~ period, is
discharged or disciplined and the employee considers that an injustice has been done, the
employee may me a grievance pursnant to the provisions of Acdcle 7.1 and such grievance shall
be proceeded with accordingly, except that Step 1 shall be omitted and the employee shall have
the right to proceed directly from the Preliminmy Step to Step 2.
9.2 Where ~a employee's grievance against discharge or discipline duly comes before an
Arbitxation Board, the Board may make a ptling,
(a) confirming the Corporation's action, or
(b) reinstating the employee with or without compansation for wages lost (except for the
amount of any remuneration the employee has received elsewhere pending the
disposition of this case), or
(c) disposing of the grievance in may other manner which may be just and equitable m the
opinion of the Board.
9.3 Where an employee has received no discipline for a period of two years, may disciplinary
notation older than two years which is not related to a suspension shall, if the employee so
requests, be removed from the employee% file. Tkis clause does not affect final wammgs or
warnings which accompany suspensions.
9.4 This Article applies only to permanent employees.
ARTICLE 10 - MANAGEMENT AND UNION GRIEVANCES
10.1 The Corporation or the Union may bring forward at any meeting of the Labour-Management
Committee called by the Corporation or the Union on not less than two day's notice, any
complaint or grievance, and if such complaint or grievance is not settled to the mutual
satisfaction of the Parties, it may be referred to arbitration as set out in Article 8.
ARTICLE 11 - UNION COMiMI'i-i'EES AND STEWARDS
11.1 The Corporation acknowledges the right of the Union to appoint or otherwise select
cornrmttees and Stewards.
11.2 The Union shall advise the Corporation of the names of the employees appointed to those
Conumttees or selected as Stewards. The number of Stewards from a department or facility
shall be by mutual agreement.
11.3 The Umon acknowledges that employees appointed to Committees or as Stewards will
continue to perform their regular duties on behalf of the Corporation and that such persons will
not leave their duties without first obtaining the permtssion of their supervisor or respective
Department Head, and upon the completion of Umon duties shall report back to their
supervisor or respective Department Head, or to any job to which they have previously been
directed, and give may reasonable explanation which may be requested with respect to their
absence.
11.4 It is understood that such permission shall not be unreasonably withheld.
11.5 In accordance with this understanding, employees appointed to the Bargaining Committee, the
Job Evaluation Committee, the Health and Safety Committee, the Labour-Managemmt
Committee or the Employee Assistance Program Committee, and Stewards meeting with
Corporation representatives on grievance or disciplinmy matters will be comp~asated by the
Corporation to the extent of their regular pay for such time spent in dealing with any matter
arising out of this Agreement, provided the matter cmmot be dealt with outside of regular
working hours.
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11.6 Compensation will not be allowed for time epent oulside of the employee's regular working
hours, md the Corporation reserves the right to withhold payment if the Committee member or
Steward does not conform with the accepted practice m dealing with matters arising out of this
Agreemont, or if an unreasonable or abnormal amount of time is consumed in dealing with such
matters.
11.7 This Article at,plies only to permanent e~loyees.
ARTICLE 12 - SENIORI1Y - FULL-TIME PERMANENT EMPLOYEES
12.1 Smiority for full-time permanent employees shall be based upon length of service with the
Corporation nmning continuously fi.om the date of last hiring (excluding all but the first three
months of any unpaid leave of absence granted under Article 21).
12.2 Despite the generality of Article 12.1, a full-time perm~ment employee shall continue to acquire
s extiority if absent fi.om work for the following reasons and for the periods of time shown.
(a) Compensable illness or accident for a period of one calendar year, after which me the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or less.
(c) Service in the active armed forces during a time of war as declared by the Government
of Canada, provided the employee returns to work immediately following discharge.
(d) Jury duty.
(e) Subject to the provisions of Article 21, leave of absence with pay.
(f) Any other special case approved by the Town Manager.
12.3 Seniority for full-time permanent employees shall be expressed in terms of calendar years,
calendar months and calendar days (e.g., 8 years, 4 months, 8 days).
12.4 The Corporation shall maintain a Full-time Permanent Employee Seniority List showing, with
respect to each full-time permanent employee, the employee's job classification, the date of his
or her last hiring and his or her accumulated semority.
12.5 (a) The Full-time Permanent Employee Semority List will be prepared by the Corporation
and posted in full-time permanent employee work areas on the first weekday that is not
a holiday following the 1st day of January and July of each year.
(b) The Corporation will issue a Full-time Permanent Transit Operator Seniority List one
week before each three-month sign-up of transit routes.
12.6 The Corporation will provide one copy of the Full-ttme Permanent Employee Seniority List to
the Union and will supply extra copies to officers of the Union upon request, to the extent that
extra copies may be available fi-om time to time.
12.7 A full-time permanent employee's seniority rights and employment shall be terminated if,
(a) the employee leaves of his or her own accord;
(b) the en~p_ loyee is discharged and such discharge is not reversed through the grievance or
arbitration procedure;
(c) as a result of non-compensable illness or accid~mt, the employee is unable to work and
is eligible for Long Term Disability payments for a continuous period of more than 24
calendar months;
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(d) tho ~lJloyee is laid off and fails to return without justification wi~i~ five working days
al~er being notified to do so by the Corporation, either by registered mail or certified
mail addressed to the ~mtAoyee's last address on record with the Corporation, or by
personal delivery to the employee;
(e) the employee is laid off and not re-called for a continuous period of 24 calmdar
months; or
(f) the c~loyee retires or is retired at normal retiremmt age.
12.8 Where a full-time permanent employee becomes a part-time permanent employee or a special
recreation employee, his or her accumulated seniority, as shown on the Full-time Permanant
]Employee Smiority List, shall be conver~ed from years, months and days to hours, and
transferred to the Part-time Permanmt Employee Semority List or the Special Recreation
Employee Seniority List, as the case may be.
12.9 The conversion from years, months and days to hours of the accumulated smiority of,
(a) full-time permanent employees in classifications set out in Schedule A ("Schedule A
employees"), except fuel-time permanmt recreation complex clerk-typists, shall be
effected by using a conversion factor of 2,080 hours per year;
(b) full-time permanent recreation complex clerk-typists shall be effected by using a
conversion factor of 1,820 hours per year;
(c) full-t[me permanent employees in classifications set out in Schedule B ("Schedule B
employees"), except full-time permanent program supervisors, recreation coordinators,
kinesiologists and assistant complex program coordinators, shall be effected by using a
conversion factor of 1,820 hours per year; and
(d) full-thne permanent program supervisors, recreation coordinators, kinesiologists and
assistant complex program coordinators shall be effected by using a conversion factor
of 2,080 hours per year.
ARTICLE 13 - SENIORITY - PART-TIME PERMANENT EMPLOYEES
13.1 Semority for part-time permanent employees shall be based upon the number of hours worked
(excluding overt[me) since the date of last hiring.
13.2 Despite the generality of Article 13.1, apart-time permanent employee shall continue to acquire
seniority ff absent from work for the following reasons and for the periods of time shown.
(a) Compensable illness or accident for a period of one calendar year, after which t[me the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or less.
(c) Service in the active armed forces during a time of war as declared by the Government
of Canada, provided the employee returns to work unmediately following discharge
(d) Jmy duty.
(e) Subject to the provisions of Article 21, leave of absence with pay.
(f) Any other special case approved by the Town Manager.
13.3 Seniority for prat-time permanent employees shall be expressed in terms of hours worked, (e.g.,
452 hours).
13.4 The Corporation sh~l m,~ltain ~ Pm-time ?¢~,,,~t Emplo¥~ $~iori~ List showing,
respect to e~ch part-time perman~t ~mploy~, the e~oloyee's .job ¢lassificadon, ~e ~te of'his
orher last hiring and his orher accumulated seniority.
13.5 (a) The Part-time Permanent Employee Seniority List will be prepared by the Corporation
and posted in part-time permanant employee work areas on the first weekday that is not
a holiday following the 31 st day of January and July of each year.
(b) The Corporation will issue a Part-time Permanent Transit Operator Seniority List one
week before each three-month sign-up of transit routes.
13.6 The Corporation will provide one copy of the Part-time Permanant Employee Seniority List to
the Union ~md will supply extra copies to officers of the Union upon request, to the extent that
extra copies may be available from time to time.
13.7 A part-time permtmexxt employee's seniority rights and employme~xt shall be terminated if,
(a) the employee leaves of his or her own accord;
(b) the employee is discharged and such discharge is not reversed through the griev~mce or
arbitration procedure;
(c) as a result of non-compensable illness or accident, the employee is unable to work for a
continuous period of more thru 24 calendar months;
(d) the employee is laid off and fails to return without justification within five working days
after being notified to do so by the Corporation, either by registered mail or certified
mail addressed to the employee's last address on record with the Corporation, or by
personal delivexy to the employee;
(e) the employee is laid off and not re-called for a continuous period of 24 calendar
months; or
(f) the employee attains the age of 65 years.
13.8 (a) Where a part-time perm~ment employee becomes a full-t/me permanent employee, his
or her accumulated seniority, as shown on the Part-time Perm~ment Employee Smiority
List, shall be converted from hours to years, months and days, and transferred to the
Full-time Permanent Employee Semority List.
(b) Where a part-time permanent employee becomes a special recreation employee, his or
her accumulated semority, as shown on the Part-time Permanent Employee Sexfionty
List, shall be transferred to the Special Recreation Employee Semionty List.
13.9 The conversion from hours to years, months md days of the accumulated semority of,
(a) part-time perm~ment employees in classifications set out in Schedule A ("Schedule A
employees"), except pm-time perm~ment recreation complex clerk-typists, shall be
effected by using a conversion factor of 2,080 hours per year;
(b) pm-time permanent recreation complex clerk-typists shall be effected by using a
conversion factor of 1,820 hours per year;
(c) part-time permanent employees in classifications set out in Schedule B ("Schedule B
employees"), except part-time permanent program supervisors, recreation coordinators,
kinesiologists and assistant complex program coordinators, shall be effected by using a
conversion factor of 1,820 hours per year; and
(d) part-time permanent program supervisors, recreation coordinators, kinesiologists and
assistant complex program coordinators shall be effected by using a conversion factor
of 2,080 hours per year.
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ARTICLE 14 - SENIORITY - SPECIAL RECREATION EMPLOYEES
14.1 Seniority for special recreation employees shall be based upon the number of hours worked
(excluding overtime) since the date of last hiring.
14.2 Despite the gencrality of Axticle 14. l, a special recreation employee shall continue to acquire
semority ff absent from work for the following reasons and for the periods of time shown.
(a) Compensable illness or accident for a period of one calendar year, after which time the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or Jess.
(e) Service in the active armed forces during a time of war as declared by the Government
of Canada, provided the employee returns to work immediately following discharge.
(d) Ju~ duty.
(e) Subject to the provisions of Article 21, leave of absence with pay.
(f) Any other special case approved by the Town Manager.
14.3 Seniority for special recregion employees shall be expressed in terms of hours worked, (e.g.,
452 hours).
14.4 The Corporation shall maintain a Special Recreation Employee Seniority List showing, with
respect to each special recreation employee, the employee's job classification, the date of his or
her last hiring and his or her accumulated seniority.
14.5 The Special Recreation Employee Seniority List will be prepared by the Corporation and posted
in special recreation employee work areas on the first weekday that is not a holiday following
the 31st day of January and July of each year.
14.6 The Corporation will provide one copy of the Special Recreation Employee Seaxiority List to the
Union and will supply extra copies to officers of the Union upon request, to the extent that extra
copies may be available from time to time.
14.7 (a) Where a special recreation employee becomes a full-time permanent employee, his or
her accumulated seniority shall not be transferred to the Full-time Permanent Employee
Semority List.
(b) Where a special recreation employee becomes a part-time permanent employee, his or
her accumulated seniority shall not be transferred to the Part-tune Permanent Employee
S emority List.
ARTICLE 15 - CREATING POSITIONS AND POSTING JOB VACANCIES
15.1 When a new position within the bargaining unit is to be created or a current position
reclassified, the Corporation shall advise the Union, in advance, of the nature of the position
and the proposed wage or salary rate, together with the required qualifications.
15.2 When a job in any of the classifications set out in Schedules A and B of this Agreement
becomes vacant, or any new job of a permanent nature is created, the Corporation shall post
notice thereof for a period of five working days in all departments. Any such notice shall
contain the nature of the job, the qualifications required, the wage or salmy rate and other
relevant information.
15.3 Any employee who wishes to be considered for the job shall submit a written application to the
official of the Corporation named in the notice within and not after five working days of the
posting of the notice, or within such other longer period of time as may be set out in the notice,
setting forfla his or her qualifications.
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ARTICLE 16 - FILLING JOB VACANCIES - PERMANENT POSITIONS
FULL-TIME AND PART-TIME
16.1 In this Article, the term,
(a) "promotion" meres a permanent change in classification from one job to mother job,
where the latter job is in a higher pay grade than the former job;
(b) "transfer" means a permanent change in classification fi-om one job to another job,
where the latter job is in the same pay grade as the former job; and
(c) "demotion" means a permment change in classification from one job to another job,
where the latter job is in a lower pay grade than the former job.
16.2 Wl~en two or more full-time pe~ent employees (and no pm-time permanent employees) are
applying for a promotion, transfer or demotion to a full-time permanent or pm-time position,
the full-time permanent employee with the most semority according to the Full-time Permanent
Employee Seniority List shall be awarded the position, provided that that employee has the
qualifications to perform the requirements of the job.
16.3 (a) When one or more full-time permanent employees and one or more pan-time
permanent employees are applying for a promotion, transfer or demotion to a full-me
permanent or part-time position, the full-time permanent employee with the most
seniority according to the Full-time Permanent Employee Seniority List shall be
awarded the position, provided that that employee has the qualifications to perform the
requirements of the job.
Co) When one or more full-time permanent employees and one or more pan-time
permanent employees are applying for a promotion, transfer or demotion to a full-time
permanent or pan-time position, and no full-time permanent employee has the
qualifications to perform the requirements of the job, then the pan-me permanent
employee with the most seniority according to the Part-time Permanent Employee
Seniority List shall be awarded the position, provided that that employee has the
qualifications to perform the requirements of the job.
16.4 When two or more part-time permanent employees (and no full-time permanent employees) are
applying for a promotion, transfer or demotion to a full-time permanent or pan-time position,
the pan-time permanent employee with the most seniority according to the pan-tune Permanent
Employee Scaxiority List shall be awarded the position, provided that that employee has the
qualifications to perform the requirements of the job.
16.5 When two or more special recreation employees (and no other employees) are applYing for a
promotion, transfer or demotion to a full-time permanent or pan-me position, the special
recreation employee with the most semority according to the Special Recreation Employee
Seniority List shall be awarded the position, provided that that employee has the qualifications
to perform the requirements of the job.
16.6 If there is no apphcant or no successful apphcant fi-om the bargaining umt for a posted posmon,
the Corporation may fill such position from outside sources, provided it advises the Union of its
intent to do so and does not advertise such position until applicants from the bargaining umt are
advised of the Corporation's decision.
ARTICLE 17 - SPECIAL TRANSFERS AND PLACEMENTS
17.1 Articles 16.2, 16.3, 16.4 and 16.5 shallnot applyto a transfer resultmg from or necessitated by,
(a) the revocation, loss or suspension, by an agency other than the CorporaUon, of any
qualification or licence that is required in the employee's classification or position; or
CO) the exercise by the Corporation of any of its rights under Article 5.2.
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17.2 Any employee whose ability to perform his or her duties is adversely affected by a loss or
suspension of his or her ddve/s hcence shall be placed in another position within the
Corporation upon agreement of the parties.
17.3 Any employee who has become unable to handle his or her customary work to advantage,
owing to age or other infirmity, shall be given preference for any available work within that
employee's capabilities, at not less than the basic rate of pay for the classification to which the
employee has been transferred, providing he or she does not replace another employee.
ARTICLE 18 - PROBATIONARY PERIODS
18.1 If the Corporation selects an existing employee to be promoted, transferred (except as a transfer
under Article 17) or demoted to a posted position, the employee shall be on probation in the
new position for a period of 90 days (312 hours for special recreation employees), and upon the
completion of that period the employee shall either,
(a) be confirmed in the new position, or
(b) be remmed to his or her previous position.
18.2 When a person is hixed fi:om outside sources, he or she shall be on probation in the new
position for a period of 90 days (312 hours for special recreation employees), and the employee
shall not be covered by any of the terms of this Agreement except the wage rate classification
and Articles 24, 26, 30 and Schedule A, B or C, as the case may be.
18.3 Any employee retained in a new position past the 90 day or 312 hour probationary period shall
be deemed to be confirmed in the new position and to have acquired seniority and the
employee's name shall be placed on the appropriate seniority list, and credited with seniority
fi:om the date of last hihngin accordance with Articles 12, 13 and 14.
ARTICLE 19 - LAY-OFF AND RECALL FROM LAY-OFF
19.1 Unless legislation is more favourable to the employee, the Corporation shall notify any
employee who is to be laid off 15 calendar days prior to the effective date of lay-off where
possible.
19.2 If an employee does not have the opportunity to work during the 15 calendar day lay-off notice
period, the employee shall be paid for the days for which work was not made available.
19.3 Any full-time permanent employee who has received notice of lay-off may, up to seven
calendar days after the date of such notice,
(a) bump any other full-time permanent employee with less semonty according to the Full-
time Permanent Employee Smiority List; or
(b) bump any part-time permanent employee,
so long as the bumping employee has the qualifications to perform the reqmrements of the
bumped employee's job.
19.4 Any part-time permanent employee who has received notice of lay-off may, up to seven
calendar days after the date of such notice, bump any other part-time permanent employee with
less seniority according to the Part-time Permanent Employee Serdority List, so long as the
bumping exnployee has the qualifications to perform the requirements of the bumped
employee's job.
19.5 Any full-time permanent employee who has received notice of being bumped by another
employee may, up to five working days after the date of such notice,
(a) bump any other full-time permanent employee with less seniority according to the Full-
time Permanent Employee Seniority List; or
11
(b) bnrr~ any part-time pramanent ~mployee,
so long as the bumping employee has the qualifications to perform the requkements of the
bumped employee's job.
19.6 Any part-time permanant employee who has received notice of being bumped by another
employee may, up to five working days al[er the date of such notice, bump any other part-time
permanent employee with less seniority according to the Part-time Permanent Employee
Seniority List, so long as the bumping employee has the qualifications to perform the
requirements of the bnmped employee's job.
19.7 Persons shall not be hired fi.om outside sources until employees who have been laid off or
bumped, and who have the qualifications to perform the reqttirements of the job for which the
person is to be hired, have been recalled.
19.8 Employees who have been laid off or bumped shall be recalled in order of their semotity (the
employee having the most seniority being recalled first, so long as the recalled employee has the
qualifications to perform the requirements of the job for which the recall is made).
19.9 No temporary employee shall be hired at the expense of a permanent employee being laid off
ARTICLE 20 - TRANSFERS TO SUPERVISORY POSITIONS
20.1 If an employee is promoted or transferred to a supervisory position ~vhich is not subject to the
provisions of this Agreement, the employee shall retain his or her existing semority and
continue to accrue seniority for a further period of one year.
20.2 If, within that one year period, the employee is transferred back to a position that is subject to
the provisions of this Agreement, the employee shall carry the accumulated seniority with him
or her.
ARTICLE 21 - LEAVE OF ABSENCE
21.1 The Corporation may grant leave of absence without pay to any employee requesting such leave
for good and sufficient cause.
21.2 A Department Head may grant leave of absence with pay to any employee upon any special
grounds and the period of any such leave of absence shall be charged against the employee's
sick leave credits. All such requests shall be commumcated to the Town Manager.
21.3 The Corporation may grant leave of absence for a maxamum of one year to any two employees
who request such a leave by reason of their election or appointment as Officers of the Union,
without pay and without loss of seniority or occupational classification, save as hereinafter set
out. Such leave will be extended for one year if requested by the employee.
21.4 Leave of absence, without pay or loss of semority, for attendance at Union conventions, will be
granted to not more than four employees for a period not to exceed thirty days in any one year.
21.5 Where possible, all requests for leave of absence shall be in writing and shall be submitted at
least two weeks in advance of the proposed day for the commencement of the leave.
21.6 When an employee is summoned for jury duty or subpoenaed as a court witness, the employee
shall not suffer any loss of salary or wages while so serving, provided that the Corporation shall
be obhged to pay only the difference between the employee's compensation as a juror or
witness and conduct money as a witness and the salary or wages which would otherwise have
been earned had the employee worked the regular working day involved.
21.7 Matemity Leave will be granted in accordance with the Employment Standards Act.
21.8 Parts 2, 3, 4, 5, 6 and 7 of this Article apply only to permanent employees.
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ARTICLE 22 - SCI:IlrI~ULE A EMPLOYEES- TOOLS~ EQUIPMENT AND CLOTHING
22.1 When it is necessary for Schedule A employees to work in an emergency during inclement
weather, the Corporation will provide rubber coats, hats end boots or such other clothing as is
necessary to keep the employees warm and dry.
22~2 The Corporation will provide Schedule A employees with such tools and equipment as are
necessary to carry out the work of the Corporation.
22.3 Such tools, equipment and clothing are the property of the Corporation and are not to be
removed from the Corporation's property without permission from the employee% supervisor
outside the bargaining unit.
22.4 The Corporation shall pay in each contract year the full cost of the following clothing for all
Schedule A Employees not presently supplied with ~miforms; such clothing to be available by
May 31 st of each year:
(a) two pair coveralls;
(b) two pah' trousers;
(c) two shirts;
(d) one winter jacket to a value of $49.00 if deemed necessary by the employee's
Department Head, to be alternated with a spring jacket every other year for Schedule A
Employees working at the Picketing Recreation Complex and Don Beer Arena.
22.5 The Corporation shall pay the full cost of the following clothing for full-time permanem transit
operators, such clothing to be available by May 31 st of each year:
(a) one tunic;
(b) two pairs of pants, two skirts or two culottes, at the employee's option;
(c) four ~miform shirts, two with long sleeves and two with short sleeves;
(d) one winter jacket every three years (specialized services transit operators only).
22.6 Each employee required by law to wear safety boots in the performance of his or her duties
shall be reimbursed by the Corporation for the cost of one pair of such boots per year provided
that,
(a) the boots are approved by the Corporation for use as safety boots;
(b) the employee submits a receipt for the purchase of the boots; and
(c) the amount to be reimbursed to the employee by the Corporation shall not exceed
$76.00.
22.7 The Corporation shall provide a $300.00 per year tool allowance for lead mech~mcs, mechamcs
and mechanical maintenance mechanics who are licensed mechanics.
22.8 The Corporation shall supply the necessary tools for the performance of the duties of' every
vehicle serviceman; such tools shall remain the property of the Corporation.
22.9 Parts 4, 5, 6, 7 and 8 of this Article apply only to full-time permanent employees, excluding
those employees classified as,
(a) Recreation Complex - Clerk-Typist, or
(b) Receptionist (Transit).
ARTICLE 23 - FIRST-AID KITS AND SAFETY
23.1 First-aid kits and fire extinguishers will be supphed by the Corporation and kept in places easily
accessible to all employees, It will be the responsibility of both Parties to see that the kits and
extinguishers are properly cared for and maintained.
2~.2 Both Parties shall cooperate to the fullest extent in the prevention of accidents and with such
promotion of safety and health as is deemed necessary.
13
23.3 The Health md Safety Committee shall be continued md composed of not more thru three
representatives atypointed by the Corporation, and three representatives appointed by the Union.
23.4 The Health mad Safety Committee shall hold meetings as required to deal with all unsafe,
hazardous or dangerous conditions. Representatives of the Union shall suffer no loss of pay for
attending such meetings. Copies of the minutes of all Committee meetings shall be sent to the
Corporation and to the Un]on.
ARTICLE 24 - SICK LEAVE
24.1 (a) Each employee will be entitled to sick leave which will accumulate at the rate of one
and one-half days per month. The unused portion of an employee's sick leave will be
accumulated and carried forward fi:om one year to another provided that, to qualify for
sick leave with pay, ma employee shall, when requested by the Corporation, produce
evidence of illness reasonably satisfactory to the Corporation.
(b) For any illness in excess of three working days, an employee may be required to
produce a certificate fi:om a medical practitioner c~g that the employee was
unable to carry out his or her duties due to illness.
24.2 When an employee is injured at work and in receipt of Workers' Compensation instead of
regular pay, the Corporation will make up the difference between such compensation and
regular pay to the extent of the maximum of the employee's accumulated sick leave with pay
credits. The amount of such make-up shall be deducted from such accumulated credits.
24.3 This Article applies only to permanent eanployees; its application to a part-time permanent
employee shall be on a pro-rata basis consistent with the total number of hours worked annually
(excluding overtime) by the part-time permanent employee compared with the total number of
hours worked annually (excluding overtime) by a full-time permanent employee in that
classification.
ARTICLE 25 - BEREAVEMENT LEAVE
25.1 (a) An employee shall be allowed up to three days off' with pay at the time a death occurs
in the employee's immediate family, which shall mean father, mother, father-m-law,
mother-in-law, sister, brother, spouse, child, grandparent and grandchild, or other
relative living with the employee.
(b) In the event such a death occurs, or the funeral is held, at a distant point reqmring extra
travelling time, the employee may be granted up to two addit/onal days off with pay,
subject to prior approval wherever possible &the Department Head or delegate.
25.2 This Article apphes only to permanent employees.
ARTICLE 26 - PAID HOLIDAYS
26.1 The hohdays identified in Article 26.2 shall be reco~ized as holidays for which the employee
shall be paid; in the case of a Schedule A employee, a sum equal to the employee's current
hourly rate for the number of hours the employee would regularly have worked, and in the case
of a Schedule B employee, a sum equal to the employee's current daily salary. In order to
qualify for hohday pay, an employee shall work his or her regularly assigned hours of work on
the day m~mediately prior to and on the day immediately following the hohday (or the day on
which the hohday is observed, as the case may be) and work on the holiday if scheduled to
work. If an employee is absent on any of such days by reason of,
(a) illness which is verified by a doctors certificate,
(b) an approved paid leave of absence (including approved bereavemant leave), or
(c) regular vacation,
the employee shall not lose his or her pay for the hohday.
14
26.2 (a) The recoEnized holidays are as follows:
New Year's Day Good Friday
Easter Monday Victoria Day
Canada Day Civic Holiday
Labour Day Thanksgiving Day
Christmas Day Boxing Day
1/2 day on Christmas Eve 1/2 day on New Yea~s Eve
one day floating hohday, to be taken on a day mutually agreeable to the employee ~md
the employee's Department Head, ~a~d
md any other day prodatmed as a national or provincial holiday by the federal or
Ontario government.
(b) If any of the recognized holidays fall on a Saturday or Sunday, it will be observed on
the preceding Friday or the following Monday.
26.3 A probationary employee will be eligible for the paid holidays mentioned m this Article after the
employee has completed 30 days of service.
26.4 An employee who is required to work on any of the holidays will, in addition to the holiday pay,
be paid at one and one-half times the employee's regular hourly rate for all hours acmalty
worked.
26.5 If one of the holidays falls or is observed during the employee's vacation period, the employee
shall be granted another day off with pay instead.
26.6 (a) This Article applies only to perrmment employees and temporary employees.
(b) Paid holidays for special recreation employees shall be granted in accordance with the
provisions of the Employment Standards Act, as amended fi.om time to time.
ARTICLE 27 - VACATIONS
27.1 An employee whohas attained the seniority (within the meaning of Article 12.1 or 13.1) shown
below on the 30th day of June in any year shall be entitled to the corresponding vacation with
pay:
Seniorit~ Vacation
Less th~m one year One working day for each completed
month of service to a maximum often
working days
One year but less than three years Ien working days
Three years but less than nme years Fifteen workin8 days
Nine years but less than seventeen years Twenty working days
Seventeext years but less than twenty-five Twenty-five working days
years
Twenty-five years or more Thirty working days
27.2 In the event that gt employee has reached his or her 3rd, 9th, 17th or 25th year mnUversary, the
vacation year for purposes of calculating vacation entitlement will be extended to September
30th.
27.3 The Corporation will post a vacation schedule before April 1st, so that vacations may be
eqmtably allocated throughout the vacation period. Subject to the Corporation's right to
maintain a qualified working force, the choice of vacation days shall be given to employees with
the greatest semority.
27.4 (a) Vacation shall be taken during the year in which it is eamed.
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245
(b) If an employee is entitled to more than ten working days vacation and wishes to take
the portion in excess of tan working days at a time other than immediately prior to or
following the latter, he or she may do so, providing that the excess portion is taken:
(1) fluting the year in which it is earned, and
(2) at a time agreeable to the Corporation.
(c) Notwithstanding the above, the Town Manager may grant the request of an employee
to carry over one or more weeks of vacation to the next year. Such carry-over of
vacation will only be pertmtted once in every three years. All such requests and
approvals shall be in writing.
27.5 (a) This Article applies only to permanent employees.
(b) Vacation, or payment instead of vacation, for temporary employees and special
recreation employees, shall be granted or paid in accordance with the provisions of the
Employment Standards Act, as amended fxom time to time.
ARTICLE 28 - RELH~VING IN OTHER GRADES
28.1 When a Schedule A employee is detailed to relieve in a position of higher rating for more than
three consecutive hours, the employee shall receive the rate for the position for the full petiod of
the relie£
28.2 When a Schedule A employee is detailed to relieve in a position of lower rating for any petiod,
the employee shall maintain the regular rate of pay.
28.3 In the event that a Schedule B employee is requested to relieve in a position canying a higher
rate of salaw than that to which the employee is presently classified, the employee will be paid
an additional sum equivalent to 70% of the difference between the rate presently paid and that
paid to the employee in the position canying the higher rate of salaw.
ARTICLE 29 - CONTRACTING OUT
29.1 No work in job categories covered by this Agreement shall be contracted out at the expense of
present employees being laid off(
29.2 Where it is contemplating contracting out work of a nature performed by Union employees, the
Corporation shall advise the Union by written notice.
29.3 No tenders for the contracting of the work shall be invited until at least six months after the
giving of the notice referred to in Article 29.2.
29.4 During the six month notice period referred to in Article 29.3, the Union shall be given an
opportumty to make representation to the Corporation with respect to the contracting out of the
work in question; the Corporation shall make available to the Union any material of a non-
confidential nature being examined in support of its decision to contract out the work.
29.5 This Article applies only to permanent employees.
29.6 This Article shall not prevent the retention by the Corporation of students erLrolled in an
educational institution as part of a work experience program directly related to thc:fix course of
study, provided such students do not replace existing permanant employees or employees
currently on lay-off The retention of students is subject to the approval of the Parties.
ARTICLE 30 - BENEFITS
30.1 (a) The Corporation shall pay, for all full-time permanent employees, 100% of the
premium cost of the following:
16
(1) major medical plan, including prescription drugs md serm-private
hospitalization;
(2) vision care plan providing aa accumulated two-yeax benefit of $175;
(3) long-term disability plan providing 75% of regular earnings to a maximum of
$2,000 per month;
(4) dental plan equivalent to the Blue Cross Plan No. 7, utilizing current O.DA
rates, and including orthodontic coverage for dependent children to a $1,500
lifetime maximum with 50%/50% co-insurance and major restorative coverage
at 50% reimbursement with a $1,000 annual maximum; and
(5) life insurance plan to a value o£ twice the employee's annual salmy to the
nearest $500.
(b) A full-time permanent employee may atYply for a further sum of life insurance to bring
thc total life insurance coverage to three times ennual salary to the nearest $500, to a
maximum of $100,000, subject to evidence of insurability; the employee shall pay
100% of the premium cost of this additional insurance.
30.2 (a) The Corporation shall pay to all part-time permanent employees who have worked in
excess of 720 hours an amount equal to 100% of the premium cost of the benefits listed
in Part I of' this Article for all time worked in excess of those 720 hours instead of
having such benefit premiums provided for them.
(b) The application of this Part of this Article to a part-time permanent employee shall be
on a pro-rata basis consistent with the total number of hours worked (excluding
overtime) in a period by the pm-time permanent employee compared with the total
number of hours worked (excluding overtime) in the same period by a full-time
permanent employee in that classification.
30.3 The Corporation shall pay to all tempormy employees who have worked in excess of 720 hours
(excluding overtime) an amount equal to 8% of gross wages earned after those 720 hours
instead of having the benefit premiums for the benefits listed in Part 1 of this Article paid for
them.
30.4 The Corporation shall pay to all special recreation employees who have worked in excess of
312 hours (excluding overtime) an additional 30 cmts per hour for each hour worked after
those 312 hours instead of having the benefit premiums hsted in Part I of this Article paid for
them.
30.5 The Corporation shall make contributions, on behalf of each participating permanent employee,
to the O.MER. S Basic Pension Plan in amounts required by the Board of O.MER. S from
time to time.
ARTICLE 31 - DISABILITY BENEFITS
31.1 When a full-time permanent employee is ehgible for full benefits under the provisions of a
Long-Term Disability Plan provided by the Corporation's insurance company, the Corporation
will continue to pay the premium cost of the Extended Health Benefits Plan so long as the
employee continues to be eligible for such long-term disabihty benefits.
ARTICLE 32 - RETIREE BENEFITS
32.1 The Corporation shall pay 100% of the premium cost of a paid up life insurance pohcy of
$2,000 for all full-time permanent employees who retire at age 65 or who take early retirement
on the principle of "ninety and out" under the existing O.M.ER.S plan.
32.2 The Corporation shall pay 75% of the premium cost of major medical plan, including
prescription drugs and semi-private hospitalization, for those full-time permanent employees,
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242
(a) who retire on or after March l, 1989, and who are receiving an unreduced O.M.E.R.S.
Basic P~sion, or
(b) who are receiving ~ unreduced OM. ER.S. Disability Pension,
until the employee attains age 65.
ARTICLE 33 - COMMUNICATIONS
33.1 Except where provided elsewhere in th~s Agreemant, any correspondence or matter arising out
of this Agreement will be directed to either the Secretary of the Union or to the Town Manager
of the Corporation.
33.2 When a promotion, transfer, hiring, lay-off, recall or termination in the bargaining unit is being
considered by the Town Manager, the Corporation shall advise the Union, in advance, and the
Union shall have an opportunity to make representations thereto.
33.3 The Secretary of the Local Union will be advised as to mmsfers or promotions within the
bargaining unit.
33.4 A Labour Management Committee shall be formed of no more than three persons from each
Party with meetings to be held on an as-requh-ed basis. Either Party may notify the other in
writing of its desire to hold a meeting as well as the proposed agenda and the Parties shall meet
as soon as reasonably possible. The minutes of the meeting shall be taken and provided to all
members.
ARTICLE 34 - JOB EVALUATION AND RE-EVALUATION
34.1 (a) The Job Evaluation Manual (adopted by both parties in Ap~ of 1988) is the system
that is to be used by the paxties to evaluate the relative worth of jobs falling vhthln the
scope of Schedules A, B and C. Individual classifications and salary levels will be in
accordance with the salary grades set out in those Schedules.
(b) The parties may, by mutual consent, modify any aspect of the Job Evaluation Manual in
order to bring about improvements in the implementation and maintenance of the
system.
(c) All new ,lob Descriptions shall be evaluated by the Evaluation comrmttee in
accordance with the Job Evaluation Manual.
(d) All revised ,lob Descriptions shall be reviewed and, if appropriate, re-evaluated by the
Evaluation Cormmttee in accordance with the Job Evaluation Manual, except that
minor changes to ,lob Descriptions, such as identification details, name of department
or d~vision and reporting structure will not require review and re-evaluation.
(e) ,lob Description evaluation requests shall be considered in the order in which they are
forwarded to the Evaluation Committee.
34.2 Evaluation Corrmfittee
(a) There will be an Evaluation ComnUttee composed of four persons (one representative
of the Town Manager, a Corporation appointee and two appointees from the Union),
which Committee will consider all requests for evaluation of Job Descriptions for new
positions created within the bargaimg unit and for re-evaluation of revised Job
Descriptions for existing positions.
(b) The Union will notify the Corporation in writing of its appointees to this Comrmttee by
March of each year; each member of the Committee will serve a minimum of one year
in the interest of continuity.
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34.3 Job Evaluation md Re-EvalUation Procedures (Corporation Initiated)
(a) The Corporation shall prepare the proposed Job Description.
(b) Where there is m incombmt in the job, he or she shall be given a copy of the proposed
Job Description md shall be given an oppommity to review md comment on the same.
(e) The proposed Job Description shall be forwarded by Humma Resources to the
Evaluation Committee,
(d) Where the position is vaemat, the Corporation may assign a temporary relative job
worth value and salary level for the job mad so notify the Evaluation Committee.
(e) Within 60 calendar days alter receipt of the proposed Job Description, the Evaluation
Committee shall meet to review mad evaluate or re-evaluate the Job Description mad:
(1) Where there is ma incumbent and agreement is reached on the evaluation or re-
evaluation of the Job Description, the results shall be implemented on the
Monday following the date the Job Description was evaluated or re-evaluated.
(2) Where the position is vacmat mad agreement is reached on the evaluation or re-
evaluation of the Job Description, the results shall be implemented as of the
date the position is occupied.
34.4 Job Re-Evaluation Procedures (Employee Initiated)
(a) Any employee, having occupied a position for a minimum of six months since the date
of last evaluation or re-evaluation, who feels that there has been a material chmage in
the duties or responsibilities of the position, shall contact his or her Department Head,
in writing, mad request a revised Job Description mad completed Job Fact Sheet.
(b) The employee shall complete a Job Re-Evaluation Request Form (which may be
obtained from Human Resources) and shall forward it along with a copy of a revised
Job Description mad completed Job Fact Sheet to Human Resources which shall, in
turn, forward them to the Evaluation Committee.
(c) Within 60 calendar days after receipt of the revised Job Description mad completed Job
Fact Sheet, the Evaluation Committee shall meet to review mad, where appropriate,
evaluate the revised Job Description.
(d) Salary increases resulting from the re-evaluation shall be made effective as of the date
that Humma Resources received both the revised Job Description mad the completed
Job Fact Sheet.
34.5 Evaluation cornmattee Decisions
Decisions made by the Evaluation comnnttee shall be binding upon the Corporation, the
Union, mad the employees, mad shall not be subject to grievance or arbitration, despite may other
provision of this Agreement.
34.6 Arbitration Process
(a) If agreement cmmot be reached by the Committee, the matter shall be referred to a
single Arbitrator, who shall be jointly selected by the Corporation mad the Union.
Failing settlement on the selection of ma Arbitrator with 15 days, the Minister of
Labour, upon the request of either party, may appoint the Arbitrator. No person may be
appointed as ma Arbitrator who has been involved in ma attempt to negotiate or settle the
matter leading to Arbitration.
(b) The Arbitrator shall have no power to alter, modify, detract from, suspend, add to,
amend or chmage rates of pay or any provision of the Job Evaluation Mmaual. The
decision of the Arbitrator shall be final mad binding on the parties. The Arbitrator's fees
mad expenses shall be shared equally by the parties.
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34.7 Incumbents in red-circled positions shall receive negotiated wage increases until such time as
the incumbent vacates the position.
34.8 This Article applies only to permanent employees.
ARTICLE 3fi - TECHNOLOGICAL CHANGE
35.1 If the Corporation proposes to change the method of providing municipal services to the
community by technological change, and as a result to displace an employee from a position,
the Corporation shall notify the Union of its proposal as soon as practicable md afford the
Union an opportunity to meet with the Town Manager, and such other management personnel
as considered appropriate, prior to the implementation of the proposal.
35.2 When proposing to displace an employee from a position in the process of implementing a
technological change, the Corporation shall consider the following possibilities:
(a) the re-training of the employee to work within the technologically changed method;
(b) the relocation of the employee to another position, the requirements of which the
employee has the qualifications and ability to perform;
(c) the relocation of the employee to another position, the requirements of which the
employee does not have the qualifications or ability to perform and the re-training of the
employee in that position.
35.3 In the event that an employee being displaced as a result of technological change,
(a) is not to be re-trained, relocated or relocated ~md re-trained; and
(b) is to be laid off,
such lay-off shall be governed by the provisions of Article 12 or 13, as the case may be, and
Article 19.
35.4 This Article applies only to permanent employees.
ARTICLE 36 - SCltEDULES
36.1 Attached hereto and forming part of this Agreement are the following:
(a) Schedule A, respecting Job Classifications, Pay Grades, Pay Rates, Hours of Work and
Working Conditions (Outside Workers);
(b) Schedule B, respecting Job Classifications, Pay Grades, Pay Rates, Hours of Work and
Working Conditions (Inside Workers); and
(c) Schedule C, respecting Classifications, Pay Grades, Pay Rates, Hours of Work and
Working Conditions (Special Recreation Employees).
ARTICLE 37 - COPIES OF AGREEMENT
37.1 The Corporation agrees to continue its present practice of printing the Collective Agreement m
booklet form with one copy to be given to each member of the collective bargaining umt and 50
copies given to the Secretary of the Union.
ARTICLE 38 - TERM OF AGREEMENT
38.1 l~nis Agreement will be for a term of 13 months, commenCing on the 1st day of March, 1995
and ending on the 31st day of March, 1996, and from year to year thereafter, unless either Party
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25O
gives notice in writing not more than 90 days prior to the expiration date in any year of its
desire to amend same.
38.2 Any provision herein with respect to any adjustment in wages or salaxy shall be retroactive to
the commencement date of this Agreement.
Date Signed ~ CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Brace Taylor, Clerk
Date Signed CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 129
John wojmcz, President
David Waldriff, Secretary
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SCI~EDULE A
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Outside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Ran~;e Start Job Rate (Job Title)
19 320 - 339 22.84 24.11 25.38
18 300 - 319 21.97 23.19 24.41
17 280 - 299 21.10 22.27 23.44
16 260 - 279 20.22 21.35 22.47 Senior Construction Technician
Service Supervisor
15 240 - 259 19.58 20.66 21.75 Lead Mechanic
14 220 - 239 18.90 19.95 21.00 Complex General Foreperson
Working Foreperson - Forestry,
Horticulture and Construction
Working Foreperson - Property
Operations and Turf Maintenance
Roads Foreperson
13 205 - 219 18.25 19.27 20.28 Construction Inspector
Mechanic
Mechanical Maintenance Mechanic
Working Foreperson - Don Beer Arena
Working Foreperson - Recreation
Complex
12 190 - 204 17.59 18.56 19.54
11 175- 189 16.93 17.87 18.81 Gardener/Arborist
Gradall Operator
Handi-Tranait Booking Clerk
Heavy Equipment Operator - Grader
Skilled Labourer
10 160- 174 16.27 17.18 18.08 Arena Maintenance
Gardener
Heavy Equipment Operator - Power
Shovel
Parks Lead Hand
Property Maintenance Lead Hand
Small Equipment Repairperson
Street Sweeper Operator
Swimrmng Pool Maintenance
Truck Driver
Utility Person - Parks
9 145 - 159 15.62 16.48 17.35 Fitness Instructor
Handi-Trans Operator
Light Truck Driver
Parks Maintenance Person
Property Maintenance Person
Spare Board Operator
Stores Clerk
Transit Operator
8 130 - 144 14.94 15.77 16.60 Civic Complex Maintenance
Community Centre Maintenance
Education & Collections Officer
(Museum) *
Labourer
Recreation Complex General
Maintenance
Vehicle Serviceperson
7 115 - 129 14.30 15.10 15.89 Aquatic Supervisor *
Complex Supervisor
Recreation Complex - Clerk/Typist
Site Supervisor (Museum)
22
252
SCl~EDULE A (Continued)
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Outside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES (continued)
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Ransge Start Job Rate (Job Title)
6 100 - 114 13.73 14.50 15.26 Babysitter Supervisor
Education Instructor (Musetan) *
Head Instructor
Receptionist (Transit)
5 85 - 99 13.19 13.92 14.65 Bus Cleaner
Cashier - Recreation Complex
Community Centre Custodian
Data Processor - Recreation Complex
Facility Security Guard *
Head Lifeguard *
Housekeeper
Instructor *
Recreation Complex Custodian
4 80 - 84 9.89 10.44 10.99 Lifeguard *
Recreation Complex Attendant *
3 75 - 79 8.79 9.28 9.77 Arena Attendant *
Cleaner - Community Centres *
2 70 - 74 7.15 7.54 7.94 Babysitter Shift Leader *
1 65 - 69 6.85 6.85 6.85 Babysitter *
· More than 24 hours per week.
23
SCHEDULE A (Continued)
Job Classifications, Pay Grades, Hours of Work and Worklno_ Conditions
(Outside Workers)
HOURS OF WORK AND WORKING CONDITIONS
A. 1 Schedule A employees shall work specified daily ~hi~s as follows:
D~artment / Division Daily Shift(s) Shift Type Work Week Notes
Public Works / Roads 7:30 am - 4:00 pm day Mon.-Fri., incl. 2, 5
Transportation / Works Centre 5:15 am - 1:45 pm or day Mon.-Fri., incl. 2, 5
7:30 am - 4:00 pm
mechanics 3:30 pm - midnight afternoon Mon.-Fri., incl. 2, 5
vehicle servicepersun 9:00 am - 5:30 pm day Mon.-Fri., incl. 2, 5
5:00 pm - 1:30 am afternoon Mon.-Fri., incl. 2, 5
receptionist 8:00 am - 5:00 pm day Mon.-Ffi., incl. 1, 5
Transportation / Transit various any 5 days 1, 5, 6
Parks and Facilities / Parks 7:30 am - 4:00 pm* day Mon.-Fri., incl. 2, 5
Parks and Facilities / Don Beer 8:00 am - 4:00 pm* day ** 3, 4, 5
4:00 pm - midnight* afternoon ** 3, 4, 5
midnight - 8:00 am* night ** 3, 4, 5
Parks and Facilities / D.I.Pool 6:00 am - 2:00 pm* day ** 3, 5
Parks and Facilities / Recplex 8:00 am - 4:00 pm* day ** 3, 4, 5
4:00 pm - midnight* afternoon ** 3, 4, 5
midnight - 8:00 am* night ** 3, 4, 5
clerk-typists 5:45 am - 1:45 pm* day ** 1, 5
2:30 pm- 10:30 pm* afternoon ** 1, 5
(summer)
3:30pm- ll:30pm* a~ernoon ** 1,5
(winter)
* If there is to be a change in the hours of any shin or the rotation of an employee or employees
from one shif~ to another, such change shall be discussed with the Union Committee and where
possible will take into consideration the seniority of the employees involved.
** As scheduled by the Directors of Parks and Facilities or Culture and Recreation~
Note 1 Daily shift(s) include(s) one hour unpaid meal break.
Note 2 Daily shift(s) include(s) one-half hour unpaid meal break.
Note 3 Daily shit~(s) include(s) one hour paid meal break during which employees are to be
available for work.
Note 4 Meal breaks must be staggered.
Note 5 Daily shift(s) subject to variation by Department Head.
Note 6 Daily shift(s) subject to periodic revision of transit schedules
A.2 Every Schedule A employee will do labour or maintenmace work when required, consistent
with the terms of this Agreement end the employee's job description.
A.3 The Department Heads controlling the Public Works Department and the Department of Parks
and Facilities shall be entitled to designate one or more night duty persons from time to ttme
from the bargaining unit and to specify the hours of a nightly working period to be no longer
than eight hours. Such designation for any given employee shall cover a minimum period of
one week and may start Sunday evening mad run through to Friday mommg provided that such
designation for any given employee shall not cover a period of longer than seven days in any
given consecutive period and such maximum of seven days shall be altemated with at least one
week of work for such employee on the regular daytmae hours.
24
254
A.4 (1) Schedule A employees shall be paid wages, overtime premiums, shift premium~ and
emergency premium~ for time worked in accordance with the following Table:
Basic Ovefdme Shift Emergency
Wages Premium Premium premium
Period hourly rate x hourly rate x non-day shift hourly rate x
hours worked hours worked hours worked hours worked
(1, 2) (3) (4, 5) (6)
x $0.53
Workweek x 1.0 x 1.5 (afternoon shift) x 1.5
x $0.58
(night s ia)
1 st additional
consecutive day / x 1.5 x 1.5 not applicable x 1.5
Saturday
(7)
2nd additional
consecutive day / x 2.0 x 2.0 not applicable x ZO
Sunday
(7)
x $0.53
Paid Holiday x 2.5 x 2.5 (afternoon shift) x 2.5
(Article 26) x $0.58
(night shin)
Note 1 Maximum eight hours daily.
Note 2 For employees in Department of Transportation, minimum three hours, any shift.
Note 3 In excess of eight hours daily and 40 hours weekly, except Recreation Complex Clerk~
Typists - in excess of seven hours daily and 35 hours weekly.
Note 4 Maximum sixteen hours daily.
Note 5 Every Transit Operator whose shift ends after 12 midnight shall be paid an afternoon
shift premium for all hours worked durinS that shift
Note 6 See Article A.4(4).
Note 7 Where these days are not part of the employee's workweek as set out in Article A. 1
(2) For the purposes of interpreting the Table set our in Article A.4(1),
(a) "1 st additional consecutive day" means the next day mmaediately following the
last day of an employee's regular workweek, dunng each day of which the
employee has eamed wages, and "2nd additional consecutive day" has a
corresponding meaning;
(b) "holiday" means those days or pans of days referred to in Article 26 and is
intended to apply to the days upon which the Corporation decides to observe
same;
(c) "hourly rate "means the dollar rates set out in the Job Classifications, Pay
Grades md Pay Rates Table at the beginning of Schedule A, as such rates may
be varied from time to me;
(d) "hours worked" means the number of hours, to the nearest quarter-hour,
worked by an employee in a 24 hour period coinmencing at an employee's
starting tirae;
(e) "overtime" means those hours worked m excess of eight in a 24 hour period (or
40 hours in any work week) commencing at an employee's starting time, only if
the working of those hours has been authorized by the employee's Department
Head;
25
255
(f) "skiff' me~as a ~hi~ desisaated in Article A. 1 or, in the case of transit
~uloyees, scheduled by the Director of Transportation;
(g) "wages" means the basic remuneration to which an employee is entitled for
hours worked, but does not include any standby fee or shift premium.
(3) No employee shall be laid off at my time from his or her usual shift in order that the
Corporation may avoid the payment of any premium under this Patide.
(4) When tm employee is called out in tm emergency, he or she will receive not less than
four hours pay at emergency premium rates, except that more than one call within two
hours of any other call shall be considered continuous.
A.5 (1) Every employee shall be on the job and ready to work at the specified starting time for
each working period.
(2) Any employee who is unable to report to work at the normal starting time shall notify
his or her foreperson or supervisor at the earhest reasonable time.
A.6 Every employee shall treat members of the public with courtesy and respect and shall avoid
injury to the property of the pubhc, the ratepayers and the Corporation.
A.7 The regular pay period shall be every two weeks. The Corporation will put the pay cheque of
the individual employee in a sealed envelope.
A. 8 An employee requested by the Corporation to use his or her automobile on the business of the
Corporation shall be paid travel expense for distance traveled in accordance with the provisions
of By-law 3866/91, as amended from time to time, or any successor thereto.
A.9 The Corporation will allow break periods on the basis of one fifteen-minute period for each half
of the normal working day.
A. 10 Any employee required to be on stand-by duty shall be paid on the basis of $10.70 per day of
stand-by in addition to whatever hours the employee might have to work. An employee
accepting stand-by duty must be available for call-out at all times during such duty and any
breach of this provision is to be treated as a matter of discipline.
A. 11 Any employee who receives a request, during a normal shift, to work previously m~scheduled
overtime at the end of such shift, and who works such overttme, shall be ehgible for a meal
allowance in the amount of $6.75 if the period between the employee's last meal break and the
end of the overtime exceeds five hours.
A. 12 (1) Article A. 1 of this Schedule apphes only to full-tUne permanent employees and full-
time temporary employees employed to replace full-time permanent employees who are
temporarily absent.
(2) Article A.3 apphes only to permanent employees and temporary employees.
26
256
SCHEDULE B
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
0aside Workers)
JOB CLASSEFICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Start Job Rate (Job Title)
19 320 - 339 22.84 24.11 25.38 Senior Planner
18 300 - 319 21.97 23.19 24.41
17 280 - 299 21.10 22.27 23.44 Planner 2
Survey Supervisor
16 260 - 279 20.22 21.35 22.47 Building Examiner/Inspector
G.I.S. Coordinator - Information
Systems
Municipal Law Enforcement Officer
Planner 1
Systems Analyst 2
Traffic/Waste Management
Coordinator
15 240 - 259 19.58 20.66 21.75 Administration Supervisor
Building Inspector
G.IS. Coordinator / Senior planning
Draffsperson
Kinesiologist
Planning Information Officer
Plumbing Inspector
Recreation Coordinator
14 220 - 239 18.90 19.95 21,00 Aquatic Program Supervisor
Assistant Complex Program
Coordinator
Pro.am Supervisor
13 205 - 219 18.25 19.27 20.28 Office Administrator
Senior Survey Technician
12 190 - 204 17.59 18.56 19.54 Development Technician
Systems Analyst 1
11 175 - 189 16.93 17.87 18.81 Design Draffsperson
Planning Technician 2
Semor Tax Clerk
10 160 - 174 16.27 17.18 18.08 ! Building and Plumbing Clerk
! Junior Survey Technician
Planning Technician 1
Secretary - CornnUttee of Adjustment
9 145 - 159 15.62 16,48 17.35 Administrative Assistant - Public
Works
Administrative Secretary - Clerks
Administrative Services Technician
Buyer 2
By-law Secretary
Intermediate Tax Clerk
Materials Buyer 2
Payroll Clerk
Planning Draffsperson
Recreation Complex Secretary
Registration Supervisor
Senior Accounting Clerk
Survey Assistant
Treasury Information Clerk
27
257
SCglE~DULE B (Continued)
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Inside Workers)
JOB CLASSH?ICATIONS, PAY GRADES AND PAY RATES (continued)
Pay Point Step 1 - 90% Step 2 ~ 95% Step 3 - 100% Job Classification
Grade Ran~,e Start Job Rate (Job Title)
8 130 - 144 14.94 15.77 16.60 Accounting Clerk 2
Accounts Payable Clerk
Data Input Clerk - G.I.S.
~ Development Clerk
! Receptionist/Typist - planmng
Secretary/Booking Clerk
Technical Data Clerk - Transit
7 115 - 129 14.30 15.10 15.89 Accounting Clerk 1
Assistant Information Clerk
Buyer 1
Clerk-Typist Receptionist (Culture
and Recreation)
Materials Buyer 1
Parking Control Officer
Property Compliance Clerk
ReceptionisffClerk-Typist (Building)
Roads Clerk
Secretary - Administration (Culture
and Recreation)
Tax Clerk
6 100 - 114 13.73 14.50 15.26 Assistant Administrative Services
Technician
Cashier
Clerk/Typist (Culture and Recreation)
Clerk/Typist (Planning)
Information Clerk
Receptionist/Clerk Typist (Public
Works)
Receptionist-Typist (Treasury)
5 85 - 99 13.19 13.92 14.65 Registration Clerk
Receptionist/Console Operator
4 80 - 84 9.89 10.44 1099
3 75 - 79 8.79 9.28 9.77
2 70 - 74 7.15 7.54 7.94
1 65 - 69 6.85 6.85 6.85
28
258
SCHEDULE B (Continued)
Job Classifications, Pay Grades, Hours of Work and Working Conditions
(Inside Workers)
HOURS OF WORK AND WORKING CONDITIONS
B. 1 Schedule B employees shall work specified daily shifts as follows:
Department / Division Daily SNft(s) Shift T)Te Work Week Notes
Clerk's, Planning, Public Works 8:30 am - 4:30 pm or day Mon.-Fri., incl. 1, 2
and Treasu~ 9:00 am - 5:00 pm
Culture and Recreation
program supervisors various * 1,2
recreation coordinator various * 3,6
aquatic program supervisor various ** 6
kinesiologist various * 6
assistant complex program 6
coordinator various *
others 8:30 am - 4:30 pm or day Mon.-Fri., incl. 6
9:00 am - 5:00 pm 1, 2, 4
· As scheduled by the Director of Culture and Recreation; maximum 40 hours weekly.
· * As scheduled by the Director &Culture and Recreation; maximum 35 hours weekly.
Note 1 Daily shift(s) include(s) one hour unpaid meal break.
Note 2 Selection of daily shift(s) is at sole discretion of Department Head.
Note 3 Daily shift(s) subject to variation by Department Head.
Note 4 Except Recreation Complex Clerk-Typists - various.
Note 5 Daily shift(s) include(s) one-half hour unpaid meal break.
Note 6 A schedule of hours to be worked by the employee shall be determined by the employer
and will be posted in advance where possible on bulletin boards.
B. 2 (1) Schedule B employees shall be paid wages and overtime premiums for time worked in
accordance with the following Table:
Period Basic Wages Overtime prenUum
Salary based upon the dollar
rates set out in the Job Classifi-
Workweek cations, Pay Grades and Pay not applicable
Rates Table at the beginning of
Schedule B
Hour not applicable hourly rate x hours
workedx 1.5 (2)
Sunday not applicable hourly rate x hours
(3) worked x 2
Paid Holiday hourly rate x hours hourly rate x hours
(Article 26) worked x 2.5 (1) worked x 2.5
Note l Maximum eight hours daily - program supervisors, recreation coordinator, kinesiologist,
and assistant complex program coordinator. Maximum seven hours daily - all others.
Note 2 In excess of eight hours daily or 40 hours weekly - program supervisors, recreation
coordinator, kinesiologist, and assistant complex program coordinator. In excess of seven
hours daily or 35 hours weekly - all others.
Note 3 Where Sunday is not part of the employee's workweek as set out in Article B.1.
(2) For the purpose ofinteipreting the Table set out in Article B.2(1 ),
(a) "holiday" means those days or part of days referred to in Article 26 and is
intended to apply to the days upon which the Corporation decides to observe
same;
29
259
(b) "hourly r~e" is an~ved ~ by dividins the weekly wa~e of an employee by the
number of hours worked in a nomml work week (i.e. 40 hours for program
supervisors, kinesiologist, assistant complex program coordinator and
recreation coordinator, 35 hours for all others);
(c) "hours worked" mm the number of hours, to the nearest quarter-hour,
worked by :m employee in a 24 hour period commencing at an employee's
sta-~ang time;
(d) "overtime" meems those hours worked in excess of,
(1) eight in a 24 hour period, or 40 in :my work week, for program
supervisors, recreation coordinator, kinesiologist and assistant complex
program coordinator, and
(2) seven in a 24 hour period, or 35 in any work week, for all others,
commencing at an employee's starting time, only if the working of those hours
has been authorized by the employee's Dc'pmtment Head;
(e) "wages" means the basic remuneration to which an employee is entitled for
time worked.
B.3 The Corporation will allow break periods on the basis of one fifteen-minute period for each half
of the normal work day on the understanding that such period of time represents the maxtmum
time that the employee will be away from a work station for this purpose.
B.4 (1) Every employee shall be on the job and ready to work at the specified starting time for
each working period.
(2) Any employee who is unable to report to work at the normal starting time shall notify
his or her Department Head at the earliest reasonable time.
B5 Every employee shall treat members of the public with courtesy and respect, and shall avoid
injury to the property of the public, the ratepayers and the Corporation.
B.6 The regular pay period shall be every two weeks. The Corporation will put the pay cheque of
the individual employee in a sealed envelope.
B.7 An employee requested by the Corporation to use his or her automobile on the business of the
Corporation shall be paid travel expense for distance traveled in accordance with the provisions
of by-law 3866/91, as amended from time to time, or any successor thereto.
B.8 Any employee who receives a request, during a normal shaft, to work previously unscheduled
overtime at the end of such shift, and who works such ovemme, shall be eligible for a meal
allowance in the amount of $6.75 if the period between the employee's last meal break and the
end of the ovemme exceeds five hours.
B.9 Article B.1 of this Schedule applies only to full-time permanent employees and full-me
temporary employees employed to replace full-time permanent employees who are temporarily
absent.
30
260
SCHEDULE C
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Special Recreaiion Employees)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Start Job Rate (Job Title)
9 145 - 159 15.62 16.48 17.35 * Fimess Instructor
· Program and Volunteer Coordinator
(Museum)
8 130- 144 14.94 15.77 16.60
7 115 - 129 14.30 15.10 15.89 * Aquatic Supervisor
Head Camp Coordinator
6 100 - 114 13.73 14.50 15.26 Camp Coordinator
· Education Instructor (Museum)
· Head Instructor
5 85 - 99 13.19 13.92 14.65 Camp Director
Counsellor-in-Training Instructor
· Facility Security Guard
· Head Lifeguard
· Instructor
· Youth Coordinator
4 80 - 84 9.89 10.44 10.99 Assistant Camp Director
· Lifeguard
· Recreation Complex Attendant
3 75 - 79 8.79 9.28 9.77 * Cleaner - Coaununity Centres
· Arena Attendant
2 70 - 74 7.15 7.54 7.94 Admissions/Receptionist (Museum)
· Babysitter Shift Leader
Camp Counsellor
Tour Guide (Museum)
· Youth Leader
1 65 - 69 6.85 6.85 6.85 * Babysitter
· Youth Assistant
· Less than 24 hours per week.
HOURS OF WORK AND WORKING CONDITIONS
C. 1 A schedule of hours to be worked by the employee shall be determmed by the Corporation and
will be posted in advance, where possible, on bulletin boards for employees. This shall not
apply to summer students who normally work a regularly scheduled workweek.
C.2 If an employee arrives to begin a scheduled shift and there is no work available and the
employee has not been ad,Ased in advance that he or she would not be reqmred, the
Corporation shall pay the employee two hours pay at regular rates.
C.3 For employees and students employed during the summer vacation period, work performed in
excess of eight (8) hours per day or forty (40) hours per week shall be paid at the rate of time
and one-half the hourly rate.
C.4 When an employee is assigned a higher rated job by the Corporation on an interim basis, he or
she shall be paid the rate of pay for the higher rated job while performing that job.
C.5 For aquatic staff, the Corporation shall pay the full cost of one tank top, one swunsint, and
one sweatshirt, the replacement of which will be on an "as needed" basis, at the discretion of
the Aquatic Coordinator.
C.6 This Schedule applies only to special recreation employees ~md students employed during the
normal school vacation periods.
31
LEiiER OF UNDERSTANDING
NUMBER l/~
Employee Assistance Program Committee
1. The Corporation and the Union will jointly establish ~ Employee Assistmce Program
Committee.
2. The Employee Assistance Program Committee will meet with a view to establishing an
Employee Assistance Program with an implementation date of November 30, 1996.
Date Signed:
THE CORPORATION OF CANADIAN UNION OF PUBLIC
THE TOWN OF PICKERING EMPLOYEES, LOCAL 129
Wayne Arthurs, Mayor John Wojnicz, President
Brace Taylor, Clerk David Waldriff, Secretary
32
LETTER OF UNDERSTANDING
NUMBER 2/95
Paid Time for C.U.P.E. Local 129 President
1. The employee elected from tmae to time as the President of the Union will be grated six days
paid tame for attending to Union activities or Union sponsored events on a trial basis during
1995, subject to the prior approval of the employee's department head.
Date Signed:
THE CORPORATION OF CANADIAN UNION OF PUBLIC
~ TOWN OF PICKERING EMPLOYEES, LOCAL 129
Wayne Arthurs, Mayor John Wojnicz, President
Bruce Taylor, Clerk David Waldriff, Secretary
33
263
LE'ITER OF UNDERSTANDING
NUMBER 3/95
Schedule A and B Employees Having More than One Job
I. As of the date the March 1995 to March 1996 collective agreement is signed, no Schedule A or
B employee shall be hired, promoted, transferred or demoted as a result of which that employee
will hold more than one job with the Corporation.
2. As of June 30, 1996, no Schedule A or B employee shall bold more than one job with the
Corporation.
3. Any Schedule A or B employee who, at the time the Marl'ah 1995 to March 1996 collective
agreement is signed, holds more than one job with the Corporation, shall, on or before June 30,
1996, select one of those jobs as the job that he or she will retain, mad, effective on the date that
such selection can be implemented (but not after June 30, 1996), that employee shall be
deemed to have been laid offfrom the job or jobs not selected.
4. Prior to the employee being asked to make the selection referred to in 3, the Corporation may
revise the job or jobs in any manner, including merging two or more of them into a new
position.
5. Any job or jobs that have been revised may, with the agreement of the Un/on, be awarded to an
incumbent employee without posting, if the revisions are deemed to be an enhancement of the
original duties and the incumbent employee has the qualifications to perform the revised job.
6. No employee laid off from any job or jobs pursuant hereto shall have the right to bump any
other employee.
7. The accumulated seniority of an employee affected hereby shall be the total semority
accumulated by that employee in all jobs held by that employee on the date that the employee's
job selection is implemented. From and after that date, the employee shall accumulate seniority
only in the job selected, and not in the jobs from which he or she has been laid offhereunder
8. Any tinae limit herein may be extended by the agreement of the Parties.
9. This Letter does not apply to any employee who holds more than one job in Schedule C only
Date Signed:
THE CORPORATION OF CANADIAN UNION OF PUBLIC
THE TOWN OF PICKERING EMPLOYEES, LOCAL 129
Wayne Arthurs, Mayor John Wojnicz, President
Brace Taylor, Clerk David Waldriff, Secretary
34
264
LETTERS OF UNDERSTANDING
NUMBER 1/95
Employee Assistance Program Committee
1. The Corporation and the Union will jointly estabhsh tm Employee Assistance Program
Commattee.
2. The Employee Assistance Program comrmttee will meet with a view to estabhshing an
Employee Assistance Program with an maPlementation date of November 30, 1996.
NUMBER 2/95
Paid Time for C.U.P.E. Local 129 President
1. The employee elected from time to time as the President of the Union will be granted six days
paid mine for attending to Union activities or Union sponsored events on a trial basis during
1995, subject to the prior approval of the employee's department head.
NUMBER 3/95
Schedule A and B Employees Having More than One Job
1. As of the date the March 1995 to March 1996 collective agreement is signed, no Schedule A or
B employee shall be hired, promoted, transferred or demoted as a result of which that employee
will hold more than one job with the Corporation.
2. As of June 30, 1996, no Schedule A or B employee shall hold more than one job with the
Corporation.
3. Any Schedule A or B employee who, at the time the March 1995 to March 1996 collective
agreement is signed, holds more than one job with the Corporation, shall, on or before June 30,
1996, select one of those jobs as the job that he or she will retain, and, effective on the date that
such selection can be maPlemented (but not aher June 30, 1996), that employee shall be
deemed to have been laid off from the job or jobs not selected.
4. Prior to the employee being asked to make the selection referred to in 3, the Corporation may
revise the job or jobs in any meamer, including merging two or more of them into a new
position.
5. Any job or jobs that have been revised may, with the agreement of the Union, be awarded to an
incumbent employee without posting, if the revisions are deemed to be an enhancement of the
original duties and the incumbent employee has the qualifications to perform the revised job.
6. No employee laid off from any job or jobs pursmmt hereto shall have the right to bump any
other employee.
7. The accumulated semority of ~m employee affected hereby shall be the total seniority
accumulated by that employee in all jobs held by that employee on the date that the employee's
job selection is implemented. From and at~er that date, the employee shall accumulate seniority
only in the job selected, and not in the jobs from which he or she has been laid offhereunder.
8. Any tmae limit herein may be extended by the agreement of the pames.
9. This Letter does not apply to any employee who holds more then one job in Schedule C only.
32
265
SCHEDULE B
1996
MEMORANDUM OF SETTLEMENT
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 129
266
MEMORANDUM OF SETTLEMENT
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
AND
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 129
The undersigned representatives of the parties agree that the points enumerated in the attached
proposal of settlement shall be accepted by them in full and final settlement of all matters remaining
in dispute between them. The undersigned agree and undertake to recommend this settlement to
their respective principals for ratification and approval.
However, it is expressly understood and agreed between the parties that should the principals of
either of them reject this proposal of settlement, the proposal forthwith shall become null and void.
Dated at Pickering on this 2nd Day of April, 1996.
For the Union For the Corporation
15hres~HR5102\negotiatXmisc\96settle.doc
267
AMEND ARTICLE 2.2 (b) (2) to read:
(2) for temporary work in a job described in Schedule A, B or C hereto, for a maximum of
six months (which maximum may be extended by mutual agreement); and
Dated at Picketing on this 2nd Day of April, 1996.
For the Union,~/f For the Corporation
6/
2
Add new ARTICLE 19 as follows:
Article 19 - Temporary Employees
1. It is the responsibility of the Corporation to review all cases in which the Corporation has hired a
temporary employee as defined in Article 2.2(b)(2) prior to the termination of the six month
period and either to appoint the employee as a permanent employee or to separate the employee
from employment on or before the termination of the six month period.
2. When a temporary employee is appointed as a permanent employee without a break in service,
such employee shall, for the purposes of seniority, vacation and sick leave credits, have his or her
seniority made retroactive to the date of commencement of temporary employment, provided
such seniority shall not exceed six months.
3. The Corporation shall provide the Union with a list of temporary employees in the first week of
each month. That list shall contain the starting date of each temporary employee and the
Department in which each temporary employee is working.
4. In the event that a temporary employee has completed his or her temporary employment and is
terminated and then hired as a permanent employee within one month of that termination, the
employee's seniority, sick leave credits and vacation shall be retroactive to the date first hired as
a temporary employee.
Dated at Pickering this 2nd day of April, 1996.
For the Union / For the Corporation
!
7
269
AMEND ARTICLE 12.5 (b) to read:
(b) The Corporation will issue a Full-time Permanent Transit Operator Seniority List,
incorporating the most current seniority data available, before each sign-up of transit
routes.
Dated at Pickering this 2nd day of April, 1996.
For the Union/~ For the Corporation
4
AMEND ARTICLE 34.2 (a) to read:
(a) There will be an Evaluation Committee composed of six persons (one representative of the
Town Manager, two Corporation appointees, one Corporation alternate, three Union
appointees and one Union alternate), ...
Dated at Pickering this 2nd day of April, 1996
For the Un!on For the Corporation·
5
271
AMEND ARTICLE 27.4 (c) to read:
(c) NotwSthstanding the above, an employee may carry, over up to five working days of vacation
to the next calendar year, so long as the employee's carry-overs in consecutive years do not
exceed five working days in total. Any application for carry-over shall be in writing.
Dated at Picketing on this 2nd day of April, 1996
For the Union //~ For the Corporation
6
AMEND Schedule A by adding Article A.4(5) as follows:
(5) Instead of being paid an overtime premium in accordance with Article A.4 (1), an
employee may request time off, at the appropriate overtime rate as set out in the Table
in Article A.4(1), and, should the employee's Department Head concur, then the
employee will be allowed to take that time off at a mutually agreeable time.
Dated at Pickering on this 2nd day of April, 1996.
For the,~ Union~ '~iI For the Corporation
2?3
AMEND Schedule B by adding Article B.2(3) as follows:
Instead of being paid an overtime premium in accordance with Article B.2(~, an employee may
request time off, at the appropriate overtime rate as set out in the Table in Article B.2(i[), and, should
the employee's Department Head concur, then the employee will be allowed to take that time off at a
mutually agreeable time.
Dated at Pickering on this 2nd day of April, 1996.
For the Union /~ For the Corporation
AMEND ARTICLE 38.1 to read:
38.1 This Agreement will be for a term of 24 months, commencing April 1, 1996, and
ending on March 31, 1998 ....
Dated at Pickering on this 2nd day of April, 1996.
For the Union// For the Corporation ,.
9
275
LETTER OF UNDERSTANDING
1/96
Expiration of Social Contract
1. With the expiration of the Social Contract (and related Agreements) effective midnight March
31, 1996, the Corporation will acknowledge and recognize every employee's service during the
Social Contract period for the purpose of Pay Grade Step adjustments in Schedules A, B and C,
effective April 1, 1996.
2. The Corporation shall endeavor to implement the Pay Grade Step Adjustments on or before July
31, 1996.
Dated at Pickering on this 2nd day of April. 1996.
For the Union /4 For the Corporation
I0
276
LETTER OF UNDERSTANDING
2/96
Employee Assistance Program Committ¢¢
1. The Corporation and the Union will jointly establish an Employee Assistance Program
Committee.
2. The Employee Assistance Program Committee will meet with a view to establishing an~
Employee Assistance Program with an implementation date of March 31, 1997. ~
Dated at Pickering on this 2nd day of April, 1996.
For the Union ~ For the Corporation
/
11
2??
LETTER OF UNDERSTANDING
3/96
Paid Time for C.U.P.E. Local 129
1. The employee elected from time to time as the President of the Union will be granted six days
paid time for attending to Union activities or Union sponsored events on a trial basis during
1996, subject to the prior approval of the employee's department head.
Dated at Pickering on this 2nd day of April, 1996.
12
278
LETTER OF UNDERSTANDING
4/96
Schedule A and B employees Having More than One Job
1. As of the date that the April 1996 to March 1998 collective agreement is ratified, no Schedule A
or B employee shall be hired, promoted, transferred or demoted as a result of which that
employee will hold more than one job with the Corporation.
2. As of November 1, 1996, no Schedule A or B employee shall hold more than one job with the
Corporation.
3. Any Schedule A or B employee who, at the time the April 1996 to March 1998 collective
agreement is ratified, holds more than one job with the Corporation, shall, on or before
November I, 1996, select one of those jobs as the job that he or she will retain, and effective on
the date that such selection can be implemented (but not after November 1, 1996), that employee
shall be deemed to have been laid off from the job or jobs not selected.
4. Prior to the employee being asked .to make the selection referred to in 3, the Corporation may
revised the job or jobs in any manner, including merging two or more of them into a new
position.
5. Any job or jobs that have been revised, may, with the agreement of the Union, be awarded to an
incumbent employee without posting, if the revisions are deemed to be an enhancement of the
original duties and he incumbent employee has the qualifications to perform the revised job.
6. No employee laid off from any job or jobs pursuant hereto shall have the right to bmnp any other
employee.
7. The accumulated seniority of an employee affected hereby shall be the total seniority
accumulated by that employee in all jobs held by that employee on the date that the employee's
job selection is implemented. From and after that date, the employee shall accumulate seniority
only in the job selected, and not in the jobs from which he or she has been laid off hereunder.
8. Any time limit herein may be extended by the agreement of the Parties.
9. This Letter does not apply to any employee who holds more than one job in Schedule C only.
13
Dated at Pickering on this 2nd day of April, 1996.
For the Union For the Corporation
~/~/~--~ . ~'
14
SCHEDULE C
THIS AGREEMENT made as of the 1st day of April, 1996,
BETWEEN:
THE CORPORATION OF ~ TOWN OF PICKERING~
hereinafter called the "Corporation",
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 129,
hereinafter called the "Union".
ARTICLE 1 - PURPOSE
1.1 The general purpose of this Agreemant is to establish and maintain collective bargaining
relations between the Corporation and those of its employees who are members of the Union,
and to provide machinew for the prompt and equitable disposition of ghevances, and to
establish and maintain mutually satisfactory working conditions, hours and wages for all
employees who are subject to the provisions of this Agreement.
ARTICLE 2 - SCOPE
2.1 The Corporation recogmzes the Union as the sole bargaining agent for all of its employees
except the following:
(1) Town Manager
(2) Executive Director
(3) Department Heads
(4) Deputy Department Heads
(5) Manager, Accounting and Payroll Services
(6) Manager, Building and Plumbing Services
(7) Manager, Currant Operations Divisioh (Pl~rmmg)
(8) Manager, Human Resources
(9) Manager, Information Systems
(10) Manager, Legal Services
(11 ) Manager, Policy Division (Planning)
(12) Manager, Supply and Services
(13) Manager, Technical Services
(14) Supervisor - Development Control
(15) SupelMsor - Municipal Works
(16) Works Supervisor
(17) Operations Supervisor
(18) Transit Supervisor
(19) Administrative Supervisors
(20) supenntendent, Complex Plant
(21 ) superintendent, Facilities
(22) Superintandant, Museum Operations
(23) Superintendent, Parks and Property Operations
(24) Aquatic supenntendant
(25) Program superintendents
281
(26) Service Superintendent
(27) Coordinator, Economic Development md Promotion
(28) Employment Equity Coordinator
(29) Health end Safety Coordinator
(30) Chief Plumbing Inspector
(31) Chief Building haspector
(32) Transit Inspectors
(33) Executive Assistant, Town Manager
(34) Legal Services Clerk
(35) Coordinator of Council Services
(36) Administrative Assistants
(37) Confidential Secretaries:
(a) Fire Chief
(b) Human Resources
(c) Legal Services
(d) Town Manager
(e) Transportation
(f) Treasury
(38) Clerk-Typists:
(a) Human Resources
(b) Town Manager
(39) Fire Department employees
2.2 For the purposes of this Agreement,
(a) "permanent employee" me-ms a person employed full-time or part-time by the
Corporation,
(1) for perm~ment work in a job described in Schedule A or B hereto, and
(2) whose duties are of a continuing nature necessary to the general operations of
the Corpurafion;
(b) "temporary employee" means a person employed full-time or part-time by the
Corporation,
(1) for temporary work in a job described in Schedule A, B or C hereto, to replace
a permanent employee or a special recreation employee who is temporarily
absent, Ol-
(2) for temporary work in a job described in Schedule A, B or C hereto, for a
maxtmum of six months (which maximum may be extended by mutual
agreement), and
(3) whose duties are of a temporary nature necessary to the general operations of
the Corporation;
(c) "special recreation employee" means,
(1) a person employed part-time by the Corporation for less than 24 hours per
week in a job described in Schedule C hereto, or
(2) students employed full-time or part-time by the Corporation during normal
school vacation periods;
(d) "full-time" means required to work the normal work day and the normal work week for
that classification on a regular basis~ and
(e) "part-time" means required to work less than the normal work day or the normal work
week for that classification on a regular basis.
2.3 Unless otherwise stated herein, this Agreement applies to permanent employees, temporary
employees and special recreation employees, as defined in Article 2.2(a), (b) and (c).
2
282
ARTICLE 3 - NO DISCRIMINATION
3.1 There shall be no discrimination, interference, restriction or coercion exercised or practiced with
respect to any employee by reason of age, race, creed, colour, national origin, political or
religious affiliation, sex, nor by reason of membership or activity in the Union.
ARTICLE 4 - NO STRIKES OR LOCK-OUTS
4.1 So long as this Agreement continues to operate, there shall be no strikes or lock-outs as those
terms are defined in the Labour Relations Act.
ARTICLE 5 - CORPORATION'S RIGHTS
5.1 The Union acknowledges that it is the exclusive function of the Corporation to hire, promote,
demote, lxansfer and suspend employees, and also the right of the Corporation to discipline or
discharge any employee for cause, provided that a claim by an employee, who has acquired
seniority, that he or she has been disciplined or discharged without reasonable cause, may be
the subject of a grievance and dealt with as hereinal~er provided.
5.2 The Union further recogmzes the right of the Corporation to operate and menage its business in
all respects in accordance with its commitments and responsibilities. The right to decide on the
number of employees needed by the Corporation at any time, the right to use methods,
machinery and equipment and jurisdiction over all operations, buildings, maehine~y, tools and
employees are solely and exclusively the responsibility of the Corporation.
5.3 The Corporation also has the right and the Union recogni:~es it to make and alter from time to
time reasonable rules and regulations to be observed by the employees. Such chenges and
general roles and regulations shall be posted on the bulletin board and shall not be inconsistent
with any of the provisions of this Agreement having particular regard for the provisions of
Articles 12, 13, 14, 16 and 20 respecting various seniority rights, as contained herein.
Wherever possible, the Union shall be given five day's prior notice of such chmages.
5.4 The Corporation shall not exercise these rights in a manner inconsistent with the terms of th/s
Agreement.
ARTICLE 6 - UNION SECURITY
6~ 1 The Corporation reco~izes the Union as the exclusive collective bargaining agent for the
employees who fall within the scope of this Agreement.
6.2 All employees eligible to be in the Union will be required to pay to the Union an amount equal
to the current monthly Union dues, whether a member or non-member, so long as the Union is
the recognized bargaining agent.
6.3 The Corporation shall deduct from the wages of each employee, a sum equal to the Union's
current monthly dues and remit monies so deducted to the Secretary-Treasurer of the Union,
accompanied by a list of names showing those from whom deductions were made; the Union
shall keep the Corporation informed in writing as to the names and addresses of the proper
officers.
ARTICLE 7 - GRIEVANCES
7.1 Complaints and gfiev~aces of employees arising out of this Agreement shall be in writing and
shall be dealt with in the following mmmer.
PRELIMINARY STEP The complaint or grievance shall be filed with the Town
Manager and the employee's Department Head within ten
working days of the act or omission which is the reason for the
complaint or grievance being made.
283
STEP 1 The employee, assisted by a representative of the Union, shall
take the matter up with the employee's Department Head within
the first two working days following the filing of the complaint or
gfievmce with the Town Manager. Failing settlement at this
stage, the employee my proceed to Step 2.
STEP 2 The employee, assisted by a representative of the Union, may
take the matter up with the Town Manager within the first seven
working days following the filing of the complaint or grievance.
Failing settlement at this stage, the employee may proceed to
Step 3.
STEP 3 The employee, assisted by a representative of the Union, may
take the matter up with the Council of the Corporation, or any
Committee thereof having jurisdiction, within the first twelve
working days following the filing of the complaint or grievance.
Failing settlement at this stage, the employee may proceed to
arbitration.
STEP 4 The Union may, on behalf of the employee, refer the matter to
arbitration provided it does so within ten working days after the
date upon which the Council or Committee rendered its decision
in Step 3.
7.2 Any decision given at any Step in the grievance procedure shall be g~van m writing.
7.3 Notwithstanding the foregoing, the Pazedes may, by mutual agreement in whting, extend the
time limits provided herein.
7.4 This Article apphes only to permanent employees and special recreation employees.
ARTICLE 8 - ARBITRATION
8.1 Where a difference arises between the Parties relating to the interpretation, apphcation or
administration of this Agreement, including any question as to whether a matter is arbitrable, or
where an allegation is made that tiffs Agreement has been violated, either of the Parties may,
after duly exhausting the grievance procedure estabhshed by this Agreement, notify the other
Party in writing of its desire to subm/t the difference or allegation to arbitration and the notice
shall contain the name of the first Party's appointee to an Arbitration Board. The recipient of
the notice shall, within five days, inform the other Party of the name of its appointee to the
Arbitration Board.
8.2 Wac two appointees so selected shall proceed to appoint a third person who shall be the
ChawPerson. If the recipient of the notice fails to appoint an arbitrator, or ffthe two appointees
fail to agree upon a ChatrPerson within fil~een days, the appointment shall be made by the
Ministry of Labour upon the request of either Party.
8.3 The Arbitration Board shall hear and determine the difference or allegaUon and shall issue a
decision and the decision is final and binding upon the Parties and upon any employee affected
by it. The decision of a majority is the decision of the Arbitration Board, but if there is no
majority, the decision of the Chairperson governs.
8.4 The Arbitration Board shall not have any authority to alter or change any of the provisions of
this Agreement or to substitute any new provision in heu thereof, or to give any decision
contrary to the terms mad conditions of this Agreement, or in any way to modify, add to or
detract fxom any provision of this Agreement.
8.5 Each of the Parties to this Agreement will pay the fees and disbursements of its appointee to the
Arbitration Board, and will share equally the fees and disbursements of the Chairperson.
8.6 This Article apphes only to permanent employees and special recreation employees.
4
284
ARTICLE 9 - DISCHARGE AND DISCIPLINE CASES
9.1 In the event that m employee, other than m ~mployee serving a probationary period, is
discharged or disciplined mad the employee considers that an injustice has been done, the
employee may file a grievance pursumt to the provisions of Article 7.1 and such grievance shall
be proceeded with accordingly, except that Step 1 shall be omitted and the employee shall have
the fight to proceed directly from the Preliminary Step to Step 2.
9.2 Where an employee's grievance against discharge or discipline duly comes before an
Arbitration Board, the Board may make a ruling,
(a) confirming the Corporation's action, or
(b) reinstating the employee with or without compensation for wages lost (except for the
amount of any remuneration the employee has received elsewhere pending the
disposition of this case), or
(c) disposing of the grievance in any other manner which may be just and equitable in the
opinion of the Board.
9.3 Where an employee has received no discipline for a period of two years, any disciplinary
notation older than two years which is not related to a suspension shall, if the employee so
requests, be removed from the employee's file. This clause does not affect final wamings or
warnings which accompany suspensions.
9.4 This Article applies only to permanent employees.
ARTICLE 10 - MANAGEMENT AND UNION GRIEVANCES
10.1 The Corporation or the Union may bring forward at any meeting of the Labour-Management
Committee called by the Corporation or the umon on not less than two day's notice, any
complaint or grievance, and if such complaint or grievance is not settled to the mutual
satisfaction of the Parties, it may be referred to arbitration as set out in Article 8.
ARTICLE 11 - UNION COMMITTEES AND STEWARDS
11.1 The Corporation acknowledges the right of the Union to appoint or otherwise select
Committees and Stewards.
11.2 The Union shall advise the Corporation of the names of the employees appointed to those
Committees or selected as Stewards. The number of Stewards from a department or facility
shall be by mutual agreement.
11.3 The Union acknowledges that employees appointed to cormmttees or as Stewards will
continue to perform their regular duties on behalf of the Corporation and that such persons will
not leave their duties without first obtainin~g the perrmssion of their supervisor or respective
Department Head, and upon the completion of Union duties shall report back to their
supervisor or respective Department Head, or to any job to which they have previously been
directed, and give any reasonable explanation which may be requested with respect to their
absence.
11.4 It is understood that such penmssion shall not be unreasonably withheld.
11.5 In accordance with this understanding, employees appointed to the Bargaining Committee, the
Job Evaluation Committee, the Health and Safety Committee, the Labour-M~magement
Committee or the Employee Assistance Program Committee, and Stewards meeting with
Corporation representatives on 8hevance or disciplinary matters will be compensated by the
Corporation to the extent of their regular pay for such t/me spent in dealing with any matter
arising out of this Agreement, provided the matter cannot be dealt with outside of regular
working hours.
5
285
11.6 Compensation will not be allowed for time spent outside of the ~mployee's regular working
hours, :md the Corporation reserves the fight to withhold payment if the Committee membex or
Steward does not conform with the accepted practice in dealing with matters arising out of this
Agreement, or if an unreasonable or abnormal amount of time is consumed in dealing with such
matters.
l 1.7 This Ardcle applies only to permanent employees.
ARTICLE 12 - SENIORITY - FULL-TIME PERMANENT EMPLOYEES
12.1 Semority for full-time permanent employees shall be based upon length of service with the
Corporation r~mning continuously fi.om the date of last hiring (excluding all but the first three
months of any unpaid leave of absence granted under Article 22).
12.2 Despite the generality of Article 12.1, a full-time permanent employee shall continue to acquire
seaxiority ff absent fi.om work for the following reasons and for the periods of time shown.
(a) Compensable illness or accident for a period of one calendar year, after which time the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or less.
(c) Service in the active armed forces during a time of war as declared by the Government
of Canada, provided the employee remms to work immediately following discharge.
(d) Jtay duty.
(e) Subject to the provisions of Article 22, leave of absence with pay.
(0 Any other special case approved by the Town Manager.
12.3 Seniority for full-time permanent employees shall be expressed in terms of calendar years,
calendar months and calendar days (e.g., 8 years, 4 months, 8 days).
12.4 The Corporation shall maintain a Fall-time Permanent Employee Semority List showing, with
respect to each full-t/me permanent employee, the employee's job classification, the date of his
or her last hiring and his or her accumulated seniority.
12.5 (a) The Full-time Permanent Employee Sexfiority List will be prepared by the Corporation
and posted in full-time permanent employee work areas on the first weekday that is not
a holiday following the 1 st day of January and July of each year.
(b) The Corporation will issue a Full-time Permanent Transit Operator Seniority List,
incorporating the most current seniority data available, before each sign-up of transit
routes.
12.6 The Corporation will provide one copy of the Full-me Permanent Employee Soaiority List to
the Union and will supply extra copies to officers of the Union upon request, to the extent that
extra copies may be available fi.om time to Ume.
12.7 A full-time permanent employee's seniority rights and employment shall be terminated if,
(a) the employee leaves of his or her own accord;
(b) the employee is discharged and such discharge is not reversed through the [grievance or
arbitration procedure;
(c) as a result of non-compensable illness or accident, the employee is unable to work md
is eligible for Long Term Disability payments for a continuous period of more than 24
calendar months;
6
286
(d) the employee is laid off and fails to return without justifical/on within five working days
al~er being notified to do so by the Corporation, either by registered mail or certified
mail addressed to the employee's last address on record with the Corporation, or by
personal delivew to the employee;
(e) the employee is laid off and not re-called for a continuous period of 24 calendar
months~ or
(f) the employee retires or is retired at normal retirement age.
12.8 Where a full-time permanent employee becomes a pm-time permanent employee or a special
recreation employee, his or her accumulated seniority, as shown on the Full-time Permanent
Employee Seniority List, shall be converted from years, months md days to hours, and
transferred to the Pm-time Permanent Employee Semority List or the Special Recreation
Employee Semority List, as the case may be.
12.9 The conversion from years, months and days to hours of the accumulated seniority of,
(a) fall-time permanent employees in classifications set out in Schedule A ("Schedule A
employees"), except furl-time permanent recreation complex clerk-typists, shall be
effected by using a conversion factor of 2,080 hours per year;
(b) full-time permanent recreation complex clerk-typists shall be effected by using a
conversion factor of 1,820 hours per year;
(c) full-me permanent employees in classifications set out in Schedule B ("Schedule B
employees"), except full-time permanent program supervisors, recreation coordinators,
kinesiologists and assistant complex program coordinators, shall be effected by using a
conversion factor of 1,820 hours per year; and
(d) full-me permanent program supervisors, recreation coordinators, kinesiologists and
assistant complex program coordinators shall be effected by using a conversion factor
of 2,080 hours per year.
ARTICLE 13 - SENIORITY - PART-TIME PERMANENT EMPLOYEES
13.1 Seniority for part-time permanent employees shall be based upon the number of hours worked
(excluding overtime) since the date of last hiring.
13.2 Despite the generality of Article 13.1, a part-time permanent employee shall continue to acquire
seniority if absent from work for the following reasons and for the periods of time shown.
(a) Compensable illness or accident for a period of one calendar year, after w~ch time the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or less.
(c) Service in the active armed forces during a time of war as declared by the Govemment
of Canada, provided the employee returns to work unmediately following discharge.
(d) Jmy duty.
(e) Subject to the provisions of Article 22, leave of absence with pay.
(f) Any other special case approved by the Town Manager.
13.3 Seniority for part-time permanent employees shall be expressed in terms of hours worked, (e.g.,
452 hours).
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287
13.4 The Corporation shall maintain a Part-time Permanent Employee Seniority List showing, with
respect to each pm-time permanent employee, the employee's job classification, the date of his
or her last hiring and his or her accumulated semority.
13.5 (a) The Part-time Permanent Employee Seniority List will be prepared by the Corporation
and posted in part-time permanent ~oloyee work areas on the first weekday that is not
a holiday following the 31st day of January and July of each year.
(b) The Corporation will issue a Part-time Permanent Transit Operator Seniority List one
week before each three-month sign-up of transit routes.
13.6 The Corporation will provide one copy of the Part-time Permanent Employee Semority List to
the Union and will supply extra copies to officers of the Union upon request, to the extent that
extra copies may be available from time to time.
13.7 A pm-time permanent employee's seniority rights and employment shall be terminated if,
(a) the employee leaves of his or her own accord;
(b) the employee is discharged and such discharge is not reversed through the grievance or
arbitration procedure;
(c) as a result of non-compensable illness or accident, the employee is unable to work for a
continuous period of more than 24 calendar months;
(d) the employee is laid off and fails to return without justification within five working days
after being notified to do so by the Corporation, either by registered mail or certified
mail addressed to the employee's last address on record with the Corporation, or by
personal delivery to the employee;
(e) the employee is laid off and not re-called for a continuous period of 24 calendar
months; or
(f) the employee attains the age of 65 years.
13.8 (a) Where a part-time permanent employee becomes a full-time permanent employee, his
or her accumulated semority, as shown on the Part-time Permanent Employee Seniority
List, shall be converted from hours to years, months and days, and transferred to the
Full-time Permanent Employee Seniority List.
(b) Where a part-time permanent employee becomes a special recreation employee, his or
her accumulated semority, as shown on the Part-time Permanent Employee SeXUority
List, shall be transferred to the Special Recreation Employee Seniority List.
13.9 The conversion from hours to years, months and days of the accumulated semority of,
(a) part-time permanent employees in classifications set out in Schedule A ("Schedule A
employees"), except part-time permanent recreation complex clerk-typists, shall be
effected by using a conversion factor of 2,080 hours per year;
(b) part-time permanent recreation complex clerk-typists shall be effected by using a
conversion factor of 1,820 hours per year;
(c) part-time permanent employees in classifications set out in Schedule B ("Schedule B
employees"), except part-time permanent program supervisors, recreation coordinators,
kinesiologists and assistant complex program coordinators, shall be effected by using a
conversion factor of 1,820 hours per year; and
(d) part-time pe~ent program supervisors, recreation coordinators, kinesiologists and
assistant complex program coordinators shall be effected by using a conversion factor
of 2,080 hours per year.
8
288
ARTICLE 14 - SENIORITY - SPECIAL RECREATION EMPLOYEES
14.1 Seniority for special recreation employees shall be based upon the number of hours worked
(excluding overtime) since the date of last hiring.
14.2 Despite the generality of Article 14.1, a special recreation ~mi~loyee shall continue to acquire
se~tiority if absent from work for the following reasons and for the periods of time showa.
(a) Compensable iJlness or accident for a period of one calendar year, a~er which time the
Corporation may review a particular case to determine suitability for further
employment.
(b) Non-compensable illness or accident which exists for the duration of one calendar year
or less.
(c) Service in the active armed forces during a time of war as declared by the Govemmant
of Canada, provided the employee returns to work immediately following discharge.
(d) jmy duty.
(e) Subject to the provisions of Article 22, leave of absence with pay.
(f) Any other special case approved by the Town Manager.
14.3 Seniority for special recreation employees shall be expressed in terms of hours worked, (e.g.,
452 hours).
14.4 The Corporation shall maintain a Special Recreation Employee Seniority List showing, with
respect to each special recreation employee, the employee's job classification, the date of his or
her last hi_ring and his or her accumulated seniority.
14.5 The Special Recreation Employee Sexfiority List will be prepared by the Corporation and posted
in special recreation employee work areas on the first weekday that is not a holiday following
the 31 st day of January and July of each year.
14.6 The Corporation will provide one copy of the Special Recreation Employee Semority List to the
Union and will supply extra copies to officers of the Union upon request, to the extent that extra
copies may be available from time to time.
14.7 (a) Where a special recreation employee becomes a full-time permanent employee, his or
her accumulated semority shall not be transferred to the Full-time Permanent Employee
Seniority List.
(b) Where a special recreation employee becomes a part-me permanent employee, his or
her accumulated seniority shall not be transferred to the Part-nme Permanent Employee
Smiority List.
ARTICLE 15 - CREATING POSITIONS AND POSTING JOB VACANCIES
15.1 When a new position within the bargaining unit is to be created or a currant position
reclassified, the Corporation shall advise the Umon, in advance, of the nature of the position
and the proposed wage or salary rate, together with the required qual/fications.
15.2 When a job in any of the classifications set out in Schedules A and B of this Agreement
becomes vacant, or any new job of a permanent nature is created, the Corporation shall post
notice thereof for a period of five working days in all departments. Any such notice shall
contain the nature of the job, the qualifications required, the wage or salary rate and other
relevant information.
15.3 Any employee who wishes to be considered for the job shall submit a written apphcatton to the
official of the Corporation named in the notice within and not after five working days of the
posting of the notice, or within such other longer period of time as may be set out in the notice,
setting forth his or her qualifications.
9
ARTICLE 16 - FILLING JOB VACANCIES - PERMANENT POSITIONS
FULL-TIME AND PARTzI'LME
16.1 In this Article, the term,
(a) "promotion" means a permanent change in classification from one job to another job,
where the latter job is in a higher pay grade than the former job;
(b) "transfer" means a permanent change in classification from one job to another job,
where the latter job is in the same pay grade as the former job; and
(c) "demotion" means a permanent change in classification from one job to aaother job,
where the latter job is in a lower pay grade than the former job.
16.2 When two or more full-time permanent employees (and no part-time permanent employees) are
applying for a promotion, transfer or demotion to a full-time permanent or part-time position,
the full-time permanent employee with the most seniority according to the Full-time Permanent
Employee Seniority List shall be awarded the position, provided that that employee has the
qualifications to perform the requirements of the job.
16.3 (a) When one or more full-time permanent employees and one or more part-time
permanent employees are applying for a promotion, transfer or demotion to a full-fane
permanent or part-time position, the full-time permanent employee with the most
seniority according to the Full-time Permanent Employee Seniority List shall be
awarded the position, provided that that employee has the qualifications to perform the
requirements of the job.
(b) When one or more full-time permanent employees and one or more part-time
permanent employees are applying for a promotion, transfer or demotion to a full-time
permanent or part-time position, and no full-time permanent employee has the
qualifications to perform the requirements of the job, then the part-time permanent
employee with the most seniority according to the Part-time Perm~'ment Employee
Seaxiority List shall be awarded the position, provided that that employee has the
qualifications tO perform the requirements of the job.
16.4 When two or more part-time permanent employees (and no full-time permanent employees) are
applying for a promotion, transfer or demotion to a full-time permanent or part-fane positiom
the part-time permanent employee with the most semority according to the Part-time Permanent
Employee Scxfiority List shall be awarded the position, provided that that employee has the
qualifications to perform the requirements of the job.
165 When two or more special recreation employees (and no other employees) are applying for a
promotion, transfer or demotion to a full-time permanent 'or part-me position, the special
recreation employee with the most semority according to the Special Recreation Employee
Semority List shall be awarded the position, provided that that employee has the qualifications
to perform the requirements of the job.
16.6 If there is no apphcant or no successful applicant from the bargaining unit for a posted position,
the Corporation may fill such position from outside sources, provided it advises the Union of its
intent to do so and does not advertise such position until apphcants from the bargaining unit are
advised of the Corporation*s decision.
ARTICLE 17 - SPECIAL TRANSFERS AND PLACEMENTS
17.1 Articles 16.2, 16.3, 16.4 and 16.5 shall not apply to a transfer resulting from or necessitated by,
(a) the revocation, loss or suspension, by aa agency other than the Corporation, of any
qualification or licence that is required in the employee's classification or position; or
(b) the exercise by the Corporation of any of its rights under Article 5.2.
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17.2 Any employee whose ability to perform his or her duties is adversely affected by a loss or
suspension of his or her drive~s licance shall be placed in another position within the
Corporation upon agreement of the parties.
17.3 Any employee who has become unable to handle his or her custommy work to advantage,
owing to age or other infirmity, shall be given preference for any available work within that
employee's capabilities, at not less than the basic rate of pay for the classification to which the
employee has been transferred, providing he or she does not replace another employee.
ARTICLE 18 - PROBATIONARY PERIODS
18.1 If the Corporation selects an existing employee to be promoted, transferred (except as a transfer
under A~cle 17) or demoted to a posted position, the employee shall be on probation in the
new position for a period of 90 days (312 hours for special recreation employees), and upon the
completion of that period the employee shall either,
(a) be confirmed in the new position, or
(b) be retumed to his or her previous position.
18.2 When a person is hired from outside sources, he or she shall be on probation in the new
position for a period of 90 days (312 hours for special recreation employees), and the employee
shall not be covered by any of the terms of this Agreement except the wage rate classification
and Articles 25, 27, 31 and Schedule A, B or C, as the case may be.
18.3 Any employee retained in a new position past the 90 day or 312 hour probationary period shall
be deemed to be confirmed in the new position and to have acquired seniority and the
employee's name shall be placed on the appropriate seniority hst, and credited with seniority
from the date of last hiring in accordance with Articles 12, 13 and 14.
ARTICLE 19 - TEMPORARY EMPLOYEES
19.1 It is the responsibility of the Corporation to review all cases in which the Corporation has hired
a temporary employee as defined in Article 2.2(b)(2) prior to the termination of the six month
period and either to appoint the employee as a permanent employee or to separate the employee
from employment on or before the termination of the six month period.
19.2 When a temporary employee is appointed as a permanent employee without a break in sera, ce,
such employee shall, for the purposes of seniority, vacation and sick leave credits, have his or
her sexfiority made retroactive to the date of commencement of temporaxy employment,
provided such sexfiority shall not exceed six months.
19.3 The Corporation shall provide the Umon with a list of temporary employees in the first week of
each month. That hst shall contain the starting date of each temporary employee Md the
Department in which each temporary employee is working.
19.4 In the event that a temporary employee has completed his or her temporary employment and is
terminated and then hired as a permanent employee within one month of that terrmnation, the
employee's seniority, sick leave credits and vacation shall be retroactive to the date first hired
as a temporatT employee.
ARTICLE 20 - LAY-OFF AND RECALL FROM LAY-OFF
20.1 Unless legislation is more favourable to the employee, the Corporation shall notify any
employee who is to be laid off 15 calendar days prior to the effective date of lay-off where
possible.
20.2 If an employee does not have the oppo~mity to work during the 15 calendar day lay-offnotico
period, the employee shall be paid for the days for which work was not made available.
20.3 Any full-tmae permanent employee who has received notice of lay-off may, up to seven
calendar days after the date of such notice,
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(a) bump any other full-time permanent emlaloyee with less seniority according to the Full-
time Permanent Employee Smiofity List; or
(b) bump any part4ime permanent employee,
so long as the bumping employee has the qualifications to perform the reqmrements of the
bumped employee% job.
20.4 Any part-time p~ent employee who has received notice of lay-off may, up to seven
calendar days after the date of such notice, bump may other part-time permanent employee with
less seniority according to the Part-time Permanent Employee Seniority List, so long as the
bumping employee has the qualifications to perform the requirements of the bumped
employee's job.
20.5 Any full-time permanent employee who has received notice of being bumped by another
employee may, up to five working days after the date of such notice,
(a) bump any other full-time permanent employee with less semofity according to the Full-
time Permanent Employee Seniority List; or
(b) bump any part-time permanent employee,
so long as the bumping employee has the qualifications to perform the requirements of the
bumped employee's job.
20.6 Any part-time permanent employee who has received notice of being bumped by another
employee may, up to five working days after the date of such notice, bump any other part-time
pm-manent employee with less seniority according to the Part-time Perm~ment Employee
Seniority List, so long as the bumping employee has the qualifications to perform the
requirements of the bumped employee's job.
20.7 Persons shall not be hixed from outside sources until employees ~vho have been laid off or
bumped, and who have the qualifications to perform the requirements of the job for which the
person is to be hired, have been recalled.
20.8 Employees who have been laid off or bumped shall be recalled in order of their seniority (the
employee having the most seniority being recalled first, so long as the recalled employee has the
qualifications to perform the requirements of the job for which the recall is made).
20.9 No tempmary employee shall be hixed at the expense of a permanent employee being laid off.
ARTICLE 21 - TRANSFERS TO SUPERVISORY POSITIONS
21.1 If an employee is promoted or transferred to a supervisory position which is not subject to the
provisions of this Agreement, the employee shall retain his or her existing semority and
continue to accrue seniority for a further period of one year.
21.2 If, within that one year period, the employee is transferred back to a position that is subject to
the provisions of this Agreement, the employee shall carry the accumulated seniority with him
or her.
ARTICLE 22 - LEAVE OF ABSENCE
22.1 37ac Corporation may grant leave of absence without pay to any employee requesting such leave
for good and sufficient cause.
22.2 A Department Head may grant leave of absence with pay to any employee upon any special
grounds and the period of any such leave of absence shall be charged against the employee's
sick leave credits. Ail such requests shall be communicated to the Town Manager.
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22.3 The Corporation may grant leave of absence for a maximum of one year to any two employees
who request such a leave by reason of their election or appointment as Officers of the Union,
without pay and without loss of s~aiority or occupational classification, save as hereinafter set
out. Such leave will be extended for one year if requested by the employee.
22.4 Leave of absence, without pay or loss of seniority, for attendance at Union conventions, will be
granted to not more than four employees for a period not to exceed thirty days in any one year.
22.5 Where possible, all requests for leave of absence shall be in writing and shall be submitted at
least two weeks in advance of the proposed day for the commencement of the leave.
22.6 Whan an employee is summoned for jury duty or subpoenaed as a court witness, the employee
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 the employee's compensation as a juror or
witness and conduct money as a witness and the salary or wages which would otherwise have
been earned had the employee worked the regular working day involved.
22.7 Maternity Leave will be granted in accordance with the Employment Standards Act.
22.8 Parts 2, 3, 4, 5, 6 md 7 of this Article apply only to permanent employees.
ARTICLE 23 - SCHEDULE A EM]?LOYEES- TOOLS, EQUIPMENT AND CLOTHING
23.1 When it is necessary for Schedule A employees to work in an emergency during inclement
weather, the Corporation will provide rubber coats, hats and boots or such other clothing as is
necessary to keep the employees warm and dry.
23.2 The Corporation will provide Schedule A employees with such tools and equipment as are
necessary to carry out the work of the Corporation.
23.3 Such tools, equipment and clothing are the property of the Corporation and are not to be
removed from the Corporation's property without permission from the employee's supervisor
outside the bargaining unit.
23.4 The Corporation shall pay in each contract year the full cost of the following clothing for all
Schedule A Employees not presently supplied with tmiforms; such clothing to be available by
May 31 st of each year:
(a) two pair coveralls;
(b) two pair trousers;
(c) two shins;
(d) one wrater jacket to a value of $49.00 if deemed necessary by the employee's
Department Head, to be altemated with a spring jacket every other year for Schedule A
Employees working at the Pickeriug Recreation Complex and Don Beer Arena.
23.5 The CorporaUon shall pay the full cost of the following clothing for full-time permanent transit
operators, such clothing to be available by May 31 st of each year:
(a) one tunic;
(b) two pairs of pants, two skirts or two culottes, at the employee's option;
(c) four uniform shirts, two with long sleeves and two with short sleeves;
(d) one winter jacket every three years (specialized services transit operators only).
23.6 Each employee required by law to wear safety boots in the performance of his or her duties
shall be reimbursed by the Corporation for the cost of one pair of such boots per year provided
that,
(a) the boots are approved by the Corporation for use as safety boots;
(b) the employee submits a receipt for the purchase of the boots; and
(c) the mount to be reimbursed to the employee by the Corporation shall not exceed
$76.00.
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23.7 The Corporation shall provide a $300.00 per year tool allowance for lead mechanics, mechmics
and mech~ieal maintenance mechanics who are hcensed mechanics.
23.8 The Corporation shall supply the necessary tools for the performance of the duties of every
vehicle serviceman; such tools shall remain the property of the Corporation.
23.9 Parts 4, 5, 6, 7 md 8 of this Article apply only to full-time permanent employees, excluding
those employees classified as,
(a) Recreation Complex - Clerk-Typist, or
(b) Receptionist (Transit).
ARTICLE 24 - FIRST-AID KITS AND SAFETY
24.1 First-aid k/ts and fire extinguishers will be supphed by the Corporation and kept in places easily
accessible to all employees. It will be the responsibility of both Parties to see that the kits and
extinguishers are properly cared for and maintained.
24.2 Both Parties shall cooperate to the fullest extent in the prevention of accidents and with such
promotion of safety and health as is deemed necessary.
24.3 The Health and Safety Committee shall be continued and composed of not more than three
representatives appointed by the Corporation, and three representatives appointed by the Union.
24.4 The Health and Safety Committee shall hold meetings as required to deal with all unsafe,
hazardous or dangerous conditions. Representatives of the Union shall suffer no loss of pay for
attanding such meetings. Copies of the minutes of all Committee meetings shall be sent to the
Corporation and to the Union.
ARTICLE 25 - SICK LEAVE
25.1 (a) Each employee will be entitled to sick leave which will accumulate at the rate of one
and one-half days per month. The unused portion of ~m employee's sick leave will be
accumulated and carried forward from one year to another provided that, to qualify for
sick leave with pay, an employee shall, when requested by the Corporation, produce
evidence of illness reasonably satisfactory to the Corporation.
(b) For any illness in excess of three working days, an employee may be required to
produce a certificate from a medical practitioner certifying that the employee was
unable to can-y out his or her duties due to illness.
25.2 Whm an employee is injured at work and in receipt of Workers' Compensation instead of
regular pay, the Corporation will make up the difference between such compensation and
regular pay to the extent of the maximum of the employee's accumulated sick leave with pay
credits. The amount of such make-up shall be deducted from such accumulated credits.
25.3 This Article apphes only to permanent employees; its apphcation to a part-time permanent
employee shall be on a pro-rata basis consistent with the total number of hours worked amually
(excluding overtime) by the pan-time permanent employee compared with the total number of
hours worked annually (excluding overtime) by a full-time permanent employee in that
classification.
ARTICLE 26 - BEREAVEMENT LEAVE
26.1 (a) An employee shall be aUowed up to three days off with pay at the trine a death occurs
in the employee's immediate family, which shall mean father, mother, father-in-law,
mother-in-law, sister, brother, spouse, child, grandparent and grandchild, or other
relative living with the employee.
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(b) In the evant such a death occurs, or the funeral is held, at a distant point requiring extra
travelling time, the employee may be granted up to two additional days off w/th pay,
subject to prior approval wherever possible of the Departmant Head or delegate.
26.2 This Article applies only to permanent employees.
ARTICLE 27 - PAID HOLIDAYS
27.1 The holidays identified in Article 27.2 shall be recognized as holidays for which the employee
shall be paid; in the case of a Schedule A employee, a sum equal to the employee's current
hourly rate for the number of hours the employee would regularly have worked, and in the case
of a Schedule B employee, a sum equal to the employee's current daily salaq/. In order to
qualify for hohday pay, an employee shall work his or her regularly assigned hours of work on
the day immediately prior to and on the day tmmediately following the holiday (or the day on
which the holiday is observed, as the case may be) and work on the hohday if scheduled to
work. If an employee is absent on any of such days by reason of,
(a) illness which is verified by a doctm's certificate,
(b) an approved paid leave of absence (including approved bereavement leave), or
(c) regular vacation,
the employee shall not lose his or her pay for the hohday.
27.2 (a) The recognized hohdays are as follows:
New Yea/s Day Good Friday
Easter Monday Victoria Day
Canada Day Civic Holiday
Labour Day Thanksgiving Day
Christmas Day Boxing Day
1/2 day on Christmas Eve 1/2 day on New Ye~s Eve
one day floating holiday, to be taken on a day mutually agreeable to the employee and
the employee's Depta truant Head, and
and any other day proclaimed as a national or provincial holiday by the federal or
Ontario govenunent.
(b) If any of the recognized hohdays fall on a Saturday or Sunday, it will be observed on
the preceding Friday or the following Monday.
27.3 A probationary employee will be eligible for the paid holidays mentioned in this Article after the
employee has completed 30 da.vs of service.
27.4 An employee who is required to work on any of the hohdays will, in addition to the holiday pay,
be paid at one and one-half times the employee's regrilar hourly rate for ail hours actually
worked.
27.5 If one of the holidays falls or is observed during the employee's vacation period, the employee
shall be granted another day off with pay instead.
27.6 (a) This Article applies only to permanent employees and temporary employees.
(b) Paid holidays for special recreation employees shall be granted in accordance with the
provisions of the Employment Standards Act, as amended from time to time.
ARTICLE 28 - VACATIONS
28.1 An employee who has attained the seniority (within the meaning of Article 12.1 or 13.1) shown
below on the 30th day of June in any year shall be entitled to the corresponding vacation with
pay:
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Seniority Vacation
Less than one year One working day for each completed
m~th of service to a maximum of tm
working days
One year but less that three years Ten working days
Three years but less that nine years Fifteen working days
Nine years but less that seventeen years Twenty working days
Seventeen years but less than twenty-five Twenty-five working days
years
Twenty-five years or more Thirty working days
28.2 In the event that an employee has reached his or her 3rd, 9th, 17th or 25th year anniversaw, the
vacation year for purposes of calculating vacation entitlement will be extended to September
30th.
28.3 The Corporation will post a vacation schedule before April 1st, so that vacations may be
equitably allocated throughout the vacation period. Subject to the Corporation's right to
maintain a qualified working force, the choice of vacation days shall be given to employees w/th
the greatest semority.
28.4 (a) Vacation shall be taken during the year in which it is earned.
(b) If an employee is entitled to more than ten working days vacation and wishes to take
the portion in excess of ten working days at a time other than immediately prior to or
following the latter, he or she may do so, providing that the excess portion is taken:
(1) during the year in which it is earned, and
(2) at a time agreeable to the Corporation.
(c) Notwithstanding the above, ma employee may carry over up to five working days of
vacation to the next calendar year, so long as the employee's cany-overs in consecutive
years do not exceed five working days in total. Any application for carry-over shall be
in writing.
285 (a) This Article applies only to permanent employees.
(b) Vacation, or payment instead of vacation, for temporary employees and special
recreation employees, shall be granted or paid in accordance with the provisions of the
Employvnent Standards Act, as amended from time to time.
ARTICLE 29 - RELIEVING IN OTHER GRADES
29.1 When a Schedule A employee is detailed to relieve in a position of higher rating for more than
three consecutive hours, the employee shall receive the rate for the position for the full period of
the rehe£
29.2 When a Schedule A employee is detailed to relieve in a position of lower rating for any period,
the employee shall maintain the regular rate of pay.
29.3 In the event that a Schedule B employee is requested to relieve in a position carrying a higher
rate of salary th~m that to which the employee is presently classified, the employee will be paid
an additional sum equivalent to 70% of the difference between the rate presently paid and that
paid to the employee in the position carrying the higher rate of salary.
ARTICLE 30 - CONTRACTING OUT
30.1 No work in job categories covered by this Agreement shall be contracted out at the expense of
present employees being laid off.
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30.2 Where it is contemplating contracting out work of a nature performed by Union employees, the
Corporation shall advise the Union by writtm notice.
30.3 No tenders for the contracting of the work shall be invited until at least six months after the
giving of the notice referred to in Article 30.2.
30.4 During the six month notice period referred to in Article 30.3, the Union shall be given an
opportunity to make representation to the Corporation with respect to the contxactmg out of the
work in question; the Corporation shall make available to the Union any material of a non-
confidential nature being examined in support of its decision to contract out the work.
30.5 This Article applies only to permanent employees.
30.6 This Pa-fide shall not prevent the retention by the Corporation of students enrolled in ma
educational institution as part of a work experience program directly related to their course of
study, provided such students do not replace existing permanent employees or employees
currently on lay-off The retention of students is subject to the approval of the Parties.
ARTICLE 31 - BENEFITS
31.1 (a) The Corporation shall pay, for all full-time permanent employees, 100% of the
premium cost of the fo]/owing:
(1) major medical plan, including prescription drugs and semi-private
hospitalization;
(2) vision care plan providing an accumulated two-year benefit of $175;
(3) long-term disability plan providing 75% of regular earnings to a maximum of
$2,000 per month;
(4) dental plan equivalent to the Blue Cross Plan No. 7, utilizing current O.DA
rates, and including orthodontic coverage for dependent children to a $1,500
lifetime maximum with 50%/50% co-insurance and major restorative coverage
at 50% reimbursement with a $1,000 annual maximum; and
(5) life insurance plan to a value of twice the employee's annual salary to the
nearest $500.
(b) A full-time permanent employee may apply for a flirt, her sum of life insurance to bring
the total life insurance coverage to three times annual salary to the nearest $500, to a
maXLmum of $100,000, subject to evidence of insurability; the employee shall pay
100% of the premium cost of this additional insurance.
31.2 (a) The Corporation shall pay to all part-time permanent employees who have worked in
excess of 720 hours an amount equal to 100% of the premium cost of the benefits listed
in Part 1 of this Article for all time worked in excess of those 720 hours instead of
having such benefit premiums provided for them.
(b) The application of this Part of this Article to a part-time permanent employee shall be
on a pro-rata basis consistent with the total number of hours worked (excluding
overtime) in a period by the part-time permanent employee compared with the total
number of hours worked (excluding overtime) in the same period by a full-time
permanent employee in that classification.
31.3 The Corporation shall pay to all temporary employees who have worked in excess of 720 hours
(excluding overtime) an amount equal to 8% of gross wages eamed after those 720 hours
instead of having the benefit premiums for the benefits hsted in Part 1 of this Article paid for
them.
31.4 The Corporation shall pay to all special recreation employees who have worked in excess of
312 hours (excluding overtime) an additional 30 cents per hour for each hour worked aRer
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those 312 hours instead of having the benefit premiums listed in Part 1 of this Article paid for
31.5 The Corporation shall make contributions, on behalf of each participating permanmt employee,
to the O.M.E.R.S. Basic P~sion Plan in amounts required by the Board of O.MER. S from
time to tmae.
ARTICLE 32 - DISABILrrY BENEFITS
32.1 When a full-time permanent employee is ehgible for full benefits under the provisions of a
Long-Term Disability Plan provided by the Corporation's insurance company, the Corporation
will continue to pay the prennum cost of the Extended Health Benefits Plan so long as the
employee continues to be eligible for such long-term disability benefits.
ARTICLE 33 - RETIREE BENEFITS
33.1 The Corporation shall pay 100% of the premium cost of a paid up life insurance pohcy of
$2,000 for all full-time permanent employees who retire at age 65 or who take early retirement
on the principle of"ninety and out" under the existing O.M.E.R.S plan.
33.2 The Corporation shall pay 75% of the premium cost of major medical plan, including
prescription drugs mad semi-private hospitaliTation, for those full-time permanent employees,
(a) who retire on or after March 1, 1989, and who are receiving an tmreduced O.MER. S.
Basic Pension, or
(b) who are receiving an unreduced O.M.ER.S. Disability Pension,
until the employee attains age 65.
ARTICLE 34 - COMMUNICATIONS
34.1 Except where provided elsewhere in this Agreement, any correspondence or matter arising out
of this Agreement will be directed to either the Seeretaw of the Union or to the Town Manager
of the Corporation.
34.2 When a promotion, transfer, hiring, lay-off, recall or termination in the bargaining unit is being
considered by the Town Manager, the Corporation shall advise the Union, in advance, and the
Union shall have an oppormmty to make representations thereto.
34.3 The Secretary of the Local Union will be advised as to transfers or promotions within the
bargaining unit.
34.4 A Labour Management Committee shall be formed of no more than three persons from each
Party with meetings to be held on an as-required basis. Either Party may notify the other in
writing of its desire to hold a meeting as well as the proposed agenda and the Parties shall meet
as soon as reasonably possible. The minutes of the meeting shall be taken and provided to all
members.
ARTICLE 35 - JOB EVALUATION AND RE-EVALUATION
35.1 (a) The Job Evaluation Manual (adopted by both parties in April of 1988) is the system
that is to be used by the parties to evaluate the relative worth of jobs falling within the
scope of Schedules A, B and C. Individual classifications and salary levels will be in
accordance with the salary grades set out in those Schedules.
(b) The parties may, by mutual consent, modify any aspect of the Job Evaluation Manual in
order to bring about improvements in the implementation and maintenance of the
system.
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(c) All new Job Descriptions shall be evaluated by the Evaluation Committee in
accordance with the Job Evaluation Manual.
(d) All revised Job Descriptions shall be reviewed md, if appropriate, re-evaluated by the
Evaluation Committe~ ill accordance with the Job Evaluation Manual, except that
minor changes to Job Descriptions, such as identification details, name of department
or division mad reporting structure will not require review mad re-evaluation.
(e) Job Description evaluation requests shall be considered in the order in which they are
forwarded to the Evaluation Committee.
35.2 Evaluation Committee
(a) There will be ma Evaluation Committee composed of six persons (one representative of
the Town Manager, two Corporation appointee, one Corporation alternate, three Union
and one Union alternate), which Committee will consider all requests for evaluation of
Job Descriptions for new positions created within the bargaining unit mad for re-
evaluation of revised Job Descriptions for existing positions.
(b) The Union will notify the Corporation in whtmg of its appointees to this Committee by
March of each year; each member of the Committee will serve a minimum of one year
in the interest of continuity.
35.3 Job Evaluation and Re-Evaluation Procedures (Corporation Initiated)
(a) The Corporation shall prepare the proposed Job Description.
(b) Where there is an incumbent in the job, he or she shall be given a copy of the proposed
Job Description and shall be given an oppommity to review and comment on the same.
(c) The proposed Job Description shall be forwarded by Human Resources to the
Evaluation comrmttee.
(d) Where the position is vacmat, the Corporation may assign a temporary relative job
worth value and salary level for the job and so notify the Evaluation Commattee.
(e) Within 60 calendar days after receipt of the proposed Job Description, the Evaluation
Committee shall meet to review and evaluate or re-evaluate the Job Description and:
(1) Where there is :m incumbent and agreement is reached on the evaluation or re-
evaluation of the Job Description, the results shall be implemented on the
Monday following the date the Job Description was evaluated or re-evaluated
(2) Where the position is vacant and agreement is reached on the evaluation or re-
evaluation of the Job Description, the results shall be maPlemented as of the
date the position is occupied.
35.4 Job Re-Evaluation Procedures (Employee Initiated)
(a) Any employee, having occupied a position for a minimum of six months since the date
of last evaluation or re-evaluation, who feels that there has been a material change in
the duties or responsibilities of the position, shall contact his or her Department Head,
in whting, and request a revised Job Description and completed Job Fact Sheet.
(b) The employee shall complete a lob Re-Evaluation Request Form (which may be
obtained fi.om Human Resources) and shall forward it along with a copy of a revised
Job Description and completed Job Fact Sheet to Human Resources which shall, in
tum, forward them to the Evaluation Committee.
(c) Within 60 calendar days al~er receipt of the revised Job DesCriPtion and completed Job
Fact Sheet, the Evaluation Committee shall meet to review mad, where appropriate, re-
evaluate the revised Job Description.
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(d) SalaD' increases resulting from the re-evaluation shall be made effective as of the date
that Human Resources received both the revised Job Description and the completed
Job Fact Sheet.
35.5 Evaluation Committee Decisions
Decisions made by the Evaluation Committee shall be binding upon the Corporation, the
Union, and the employees, and shall not be subject to grievance or arbitration, despite any other
provision offixis Agreement.
35.6 Arbitration Process
(a) If agreement cannot be reached by the Committee, the matter shall be referred to a
single Arbitrator, who shall be jo'mtly selected by the Corporation md the Union.
F~iling settlement on the selection of an Arbitrator with 15 days, the Mimster of
Labour, upon the request of either party, may appoint the Arbitrator. No person may be
appointed as an Arbitrator who has bean involved in an attempt to negotiate or settle the
matter leading to Arbitration.
(b) The Arbitrator shall have no power to alter, modify, detract fi.om, suspend, add to,
amend or change rates of pay or any provision of the Job Evaluation Manual. The
decision of the Arbitrator shall be final and binding on the parties. The Arbitrators fees
and expenses shall be shared equally by the parties.
35.7 Incumbents in red-circled positions shall receive negotiated wage increases until such time as
the incumbent vacates the position.
35.8 This Article apphes only to permanent employees.
ARTICLE 36 - TEClq[NOLOGICAL CHANGE
36.1 If the Corporation proposes to change the method of providing municipal services to the
commuuity by technological change, and as a result to displace an employee fi.om a position,
the Corporation shall notify the Union of its proposal as soon as practicable and afford the
Union an opportunity to meet with the Town Manager, and such other management personnel
as considered appropriate, prior to the implementation of the proposal.
36.2 When proposing to displace an employee fi.om a position in the process of implementing a
technological change, the Corporation shall consider the following possibilities:
(a) the re~traiuing of the employee to work within the technolo~cally changed method:
(b) the relocation of the employee to another position, the requirements of which the
employee has the qualifications and ability to perform;
(c) the relocation of the employee to another position, the requirements of which the
employee does not have the qualifications or ability to perform and the re-training of the
employee in that position.
36.3 In the event that an employee b(mg displaced as a result oftechnolo~cal change,
(a) is not to be re-trained, relocated or relocated and re-trained; and
(b) is to be laid off,
such lay-off shall be governed by the provisions of Article 12 or 13, as the case may be, and
Article 20.
36.4. This Article applies only to permanent employees.
2O
3 0 0
ARTICLE 37 - SCHEDULES
37.1 Attached hereto and forming part of this Agreemmt are the following:
(a) Schedule A, respecting Job Classifications, Pay Grades, Pay Rates, Hours of Work :md
Working Conditions (Outside Workers);
(b) Schedule B, respecting Job Classifications, Pay Grades, Pay Rates, Hours of Work and
Working Conditions Inside Workers); and
(c) Schedule C, respecting Classifications, Pay Grades, Pay Rates, Hours of Work and
Working Conditions (Special Recreation Employees).
ARTICLE 38 - COPIES OF AGREEMENT
38.1 The Corporation agrees to continue its present practice of printing the Collective Agreement m
booklet form with one copy to be given to each member of the collective bargaining unit and 50
copies given to the Secretary of the union.
ARTICLE 39 - TERM OF AGREEMENT
39.1 This Agreement will be for a term of 24 months, commencing April 1, 1996 and ending March
31, 1998, and from year to year thereat~er, unless either Party gives notice in writing not more
than 90 days prior to the expiration date in any year of its desire to amend stone.
39.2 Any provision herein with respect to any adjustment in wages or salary shall be retroactive to
the commencement date of this Agreement.
Date Signed THE CORPORATION OF THE TOWN OF PICKERLNG
Was~ae Arthurs, Mayor
Bruce Taylor, Clerk
Date Signed CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 129
John Wojnicz, President
David Waldriff, Secretary
301
SCl~DULE A
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Outside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Start Job Rate (Job Title)
19 320 - 339 22.84 24.11 25.38
18 300 - 319 21.97 23.19 24.41
17 280 - 299 21.10 22.27 23.44
16 260 - 279 20.22 21.35 22.47
15 240 - 259 19.58 20.66 21.75 Lead Mechanic
14 220 - 239 18.90 19.95 21.00 Complex C~neral Foreperson
Working Foreperson - Forestry,
Horticulture and Construction
Working Foreperson - Property
Operations and TuffMaintenance
Roads Foreperson
13 205 - 219 18.25 19.27 20.28 Construction Inspector
Mechanic
Mechanical Maintenance Mechanic
Working Foreperson - Don Beer Arena
Working Foreperson - Recreation
Complex
12 190 - 204 17.59 18.56 19.54
11 175 - 189 16.93 17.87 18.81 Gardener/Arborist
Gradall Operator
Handi-Transit Booking Clerk
Hea'~3~ Equipment Operator - Grader
Skilled Labourer
Transit Data Analyst
10 160- 174 16.27 17.18 18.08 Arena Maintenance
Gardener
Heavy Equipment Operator - Power
Shovel
Parks Lead Hand
Property Maintenance Lead Hand
Small Equipment Repairperson
Street Sweeper Operator
Swirareang Pool Maintenance
Truck Driver
Utility Person - Parks
9 145 - 159 15.62 16.48 17.35 Fimess Instructor
Handi-Trans Operator
Light Truck Driver
Parks Maintenance Person
Property Maintenance Person
Spare Board Operator (Transit)
Stores Clerk
Transit Operator
8 130 - 144 14.94 15.77 16.60 Civic Complex Maintenance
Community Centre Maintenance
Dunbarton Indoor Pool Maintenance
Education and Collections Officer -
Museum *
Labourer
Recreation Complex General
Maintenance
Vehicle Serviceperson
22
302,
SCHEDULE A (Continued)
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Outside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES (continued)
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Start Job Rate (Job Title)
7 115 - 129 14.30 15.10 15.89 Aquatic Supervisor *
Complex Supervisor
Clerk/Typist - Recreation Complex
Site Supervisor - Museum
6 100 - 114 13.73 14.50 15.26 Babysitter Supervisor
Education Instructor - Museum *
Head Instructor
Receptionist/Clerk-Typist (Transit)
5 85 - 99 13.19 13.92 14.65 Bus Cleaner
Cashier - Recreation Complex
Community Centre Custodian
Data Processor - Recreation Complex
Facility Security Guard *
Head Lifeguard *
Housekeeper
Instructor *
Recreation Complex Custodian
4 80 - 84 9.89 10.44 10.99 Lifeguard *
Recreation Complex Attendant *
3 75 - 79 8.79 9.28 9.77 Arena Attendant *
Cleaner - Community Centres *
2 70 - 74 7.15 7.54 7.94 Babysitter Shift Leader *
1 65 - 69 6.85 6.85 6.85 Babysitter *
· More than 24 hours per week.
23
3O3
SCHEDULE A (Continued)
Job Classifications, Pay Grades, Hours of Work and Working Conditions
(Outside Workers)
HOURS OF WORK AND WORKING CONDITIONS
A. 1 Schedule A employees shall work specified daffy shifts as follows:
Department / Division Daily Shi~(s) Shit~ Type Work Week Notes
Public Works / Roads 7:30 am - 4:00 pm day Mon.-Fri., incl. 2, 5
Transportation / Works Centre 5:15 am - 1:45 pm or day Mon.-Ffi., incl. 2, 5
7:30 am - 4:00 pm
mechanics 3:30 pm - midnight afternoon Mon.-Fri., incl. 2, 5
vehicle serviceperson 9:00 am - 5:30 pm day Mon.-Fri., incl. 2, 5
5:00 pm - 1:30 am afternoon Mon.-Fri., incl. 2, 5
receptionist 8:00 am - 5:00 pm day Mon.-Fri., incl. 1, 5
Transportation / Transit vahous any 5 days 1, 5, 6
Parks and Facilities / Parks 7:30 am - 4:00 pm* day Mon.-Fri., incl. 2, 5
Parks and Facilities / Don Beer 8:00 am - 4:00 pm* 'day ** 3, 4, 5
4:00 pm - midnight* afternoon ** 3, 4, 5
midnight - 8:00 am* night ** 3, 4, 5
Parks and Facilities / D.I.Pool 6:00 am - 2:00 pm* day ** 3, 5
Parks and Facilities / Recplex 8:00 am - 4:00 pm* day ** 3, 4, 5
4:00 pm - midnight* afternoon ** 3, 4, 5
midnight - 8:00 am* night ** 3, 4, 5
clerk-typists 5:45 am - 1:45 pm* day ** 1, 5
2:30 pm - 10:30 pm* afternoon ** 1, 5
(summer)
3:30pm- 11:30pm* afternoon ** 1,5
(winter)
* If there is to be a change in the hours of any shift or the rotation of an employee or employees
fi.om one shift to another, such change shall be discussed with the Union Comrmttee and where
possible will take into consideration the seniority of the employees involved.
** As scheduled by the Directors of Parks and Facilities or Culture and Recreation.
Note 1 Daily shift(s) include(s) one hour unpaid meal break.
Note 2 ] Daily shift(s) include(s) one-half hour unpaid meal break.
Note 3 ' Daily shift(s) include(s) one hour paid meal break during which employees are to be
available for work.
Note 4 Meal breaks must be staggered.
Note 5 Daily shift(s) sub)ect to variation by Department Head.
Note 6 Daily shift(s) subject to periodic revision of transit schedules.
A.2 Every Schedule A employee ~vill do labour or maintenance work when required, consistent
with the terms of this Agreement and the employee's job description.
A3 The Depattrnent Heads controlling the Public Works Department and the Department of Parks
~td Facilif~es shall be entitled to designate one or more night duty persons from ftme to time
from the bargaining unit and to specify the hours of a nightly working period to be no longer
than eight hours. Such designation for any given employee shall cover a minimum period of
one week and may start Sunday evening and nm through to Friday morning provided that such
designation for any given employee shall not cover a period of longer than seven days in any
given consecutive period and such maxzmum of seven days shall be altemated with at least one
week of work for such employee on the regular daytime hours.
24
304
A.4 (I) Schedule A ~mployees shall be paid wages, overt[me premium% shift premJ,m~ and
emergency premiums for time worked in accordance with the following Table:
Basic Overtime ShiR Emen~ency
Waa~es Premium Premium Premium
Period hourly rate x hourly rate x non-day shift hourly rate x
hours worked hours worked hours worked hours worked
(1, 2) (3) (4, 5) (6)
x $0.53
Workweek x 1.0 x 1.5 (afternoon shift) x 1.5
x $0.58
(night sh/ft)
1st additional
consecutive day / x 1.5 x 1.5 not applicable x 1.5
Saturday
(7)
2nd additional
consecutive day / x 2.0 x 2.0 not applicable x 2.0
Sunday
(7)
x $0.53
Paid Holiday x 2.5 x 2.5 (afternoon shift) x 2.5
(Article 26) x $0.58
(night shift)
Note 1 Maximum eisht hours daily.
Note 2 For employees in Department of Transportation, minimum three hours, any shift.
Note 3 In excess of eight hours daily and 40 hours weekly, except Recreation Complex Clerk-
Typists - in excess of seven hours daily and 35 hours weekly.
Note 4 Maximum sixteen hours daily.
Note 5 Every Transit Operator whose shift ends after 12 midnight shall be paid an at%moon
shift premium for all hours worked durin~ that shift.
Note 6 See Article A.4(4).
Note 7 Where these days are not part of the employee's workweek as set out in Article A. 1
(2) For the purposes of interpreting the Table set our in Article A4(l),
(a) "1 st additional consecutive day" means the next day tmmediately following the
last day of an employee's regular workweek, during each day of which the
employee has earned wages, and "2nd addif~onal consecutive day" has a
corresponding meaning;
(b) "holiday" means those days or parts of days referred to in Article 26 and is
intended to apply to the days upon which the Corporation decides to observe
salne;
(c) "hourly rate "means the dollar rates set out in the Job Classifications, Pay
Grades mad Pay Rates Table at the beginning of Schedule A, as such rates may
be varied firom time to fane;
(d) "hours worked" means the number of hours, to the nearest quarter-hour,
worked by an employee in a 24 hour period commencing at an employee's
starting time;
(e) "overtime" means those hours worked in excess of eight in a 24 hour period (or
40 hours in any work week) commencing at an employee's starting time, only if
the working of those hours has been authorized by the employee's Department
Head;
25
305
(f) "shift" meres a shift designated in Article A. 1 or, in the case of tr~sit
employees, scheduled by the Director of Transportation;
(g) "wages" means the basic remuneration to which an employee is entitled for
hours worked, but does not include any standby fee or shift premium.
(3) No employee shall be laid off at my time from his or her usual skiff in order that the
Corporation may avoid the payment of any prennum under this Article.
(4) When m employee is called out in an emergency, he or she will receive not less than
four hours pay at emergency premium rates, except that more than one call within two
hours of any other call shall be considered continuous.
(5) Instead of being paid an ovenlrne premium in accordance with Article A.4(1), an
employee may request time off, at the appropriate overtime rate as set out in the Table
in Article A.4(I), and, should the employee's Department Head concur, than the
employee will be allowed to take that time offat a mutually a~eeable time.
A.5 (1) Every employee shall be on the job md ready to work at the specified starting time for
each working period.
(2) Any employee who is unable to report to work at the normal stamng time shall notibj
his or her foreperson or supervisor at the earliest reasonable time.
.A6 Every employee shall treat members of the public with courtesy and respect and shall avoid
injury to the property of the public, the ratepayers and the Corporation.
A.7 The regular pay period shall be every two weeks. The Corporation will put the pay cheque of
the individual employee in a sealed envelope.
A.8 An employee requested by the Corporation to use his or her automobile on the business of the
Corporation shall be paid travel expense for distance uaveled in accordance with the provisions
of By-law 3866/91, as amended from time to time, or any successor thereto.
A.9 The Corporation will allow break periods on the basis of one fifteen-minute period for each half
of the normal working day.
A. 10 Any employee required to be on stand-by duty shall be paid on the basis of $10.70 per day of
stand-by in addition to whatever hottrs the employee might have to work. An employee
accepting stand-by duty must be available for call-out at all times dunng such duty and any
breach of this provision is to be treated as a matter of discipline.
A 11 Any employee who receives a request, during a normal shift, to work previously unscheduled
ovemme at the end of such shift, and who works such ovemme, shall be eligible for a meal
allowance in the amount of $6.75 if the period between the employee's last meal break and the
end of the overtime exceeds five hours.
A. 12 (1) Article A. 1 of this Schedule applies only to full-time permanent employees and full-
time temporary employees employed to replace full-me permanent employees who are
temporarily absant.
(2) Article A.3 applies only to permanent employees and temporary employees.
26
306
SClq~.DULE B
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Inside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Star~ Job Rate (Job Title)
19 320 - 339 22.84 24.11 25.38 Senior Planner
18 300 - 319 21.97 23,19 24.41 Structural Examiner/Inspector
17 280 - 299 21.10 22.27 23.44 Planner 2
Survey Supervisor
16 260 - 279 20.22 21.35 22.47 Building Examiner/Inspector
G.I.S. Coordinator - Information
Systems
Municipal Law Enforcement Officer
Planner 1
Systems Analyst 2
Traffic/Waste Management
Coordinator
15 240 - 259 19.58 20.66 21.75 Administration Supervisor (Public
Works)
Building Inspector
G.I.S. Coordinator / Senior Planning
Draftsperson
Kinesiologist
Planning Information Officer
Plumbing Inspector
Recreation Coordinator
14 220 - 239 18.90 19.95 21.00 Aquatic Program Supervisor
Assistant Complex Program
Coordinator
Program Supervisor
13 205 - 219 18.25 19.27 20.28 Office Administrator- Information
Systems
Senior Survey Technician
12 190 - 204 17.59 18.56 19.54 Development Technician
Systems Analyst l
11 175 - 189 16.93 17.87 18.81 Design Draffsperson
Planning Technician
Senior Tax Clerk
10 160 - 174 16.27 17.18 18.08 Accounting Clerk 2
Building and Pltmabing Clerk
Junior Survey Technician
Payroll Clerk
Secretary-Treasurer - ConUmttee of
Adjustment
9 145 - 159 15.62 16.48 17.35 Accounting Clerk 1
Administrative Assistant (Culture and
Recreation / Parks and Facilities)
Administrative Assistant (Public
Works)
Administrative Secretary (Clerks)
Administrative Services Technician
Buyer 2
By-law Secretary
Intermediate Tax Clerk
Junior Systems Analyst
Materials Buyer 2
Plannin5 Clerk
27
307
SCHEDULE B (Continued)
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Inside Workers)
JOB CLASSIFICATIONS, PAY GRADES AND PAY RATES (continued)
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Ran~;e Start Job Rate (Job Title)
9 145 - 159 15.62 16.48 17.35 Planning Drat'tsperson
(~o,,~d) Recreation Complex Secretary
Registration Supervisor
Survey Assistant
8 130 - 144 14.94 15.77 16.60 Accounts Payable Clerk
Data Input Clerk - G.I.S.
Secretary/Booking Clerk (Parks and
Facilities)
7 115 - 129 14.30 15.10 15.89 Assistant Information Clerk
(Treasury)
Buyer 1
Clerk-Typist Receptionist (Culture
and Recreation)
Materials Buyer 1
Parking Control Officer
Property Compliance Clerk
Receptionist/Clerk-Typist - Building
ReceptionistJTypist (Planning)
Roads Clerk
Tax Clerk
6 100 - 114 13~73 14.50 15.26 Assistant Admin/strative Services
Technician
Cashier (Treasury)
Clerk/Typist (Culture and Recreation)
Information Clerk (Clerks)
Information Clerk (Treasury)
PrmtfMailroom Clerk 1
Receptionist/Clerk Typist (Public
Works)
Receptionist-Typist (Treasury)
Information Clerk (Treasury)
5 85 - 99 13.19 13.92 14.65 Registration Clerk
ReceptiomsffConsole Operator
Service Department Clerk
4 80 - 84 9.89 10.44 10.99
3 75 - 79 8.79 9.28 9.77
2 70 - 74 7.15 7.54 7.94
1 65 - 69 6.85 6.85 6.85
28
3O8
SCHEDULE B (Continued)
Job Classifications, Pay Grades, Hours of Work and Working Conditions
(Inside Workers)
HOURS OF WORK AND WORKING CONDITIONS
B. 1 Schedule B employees shall work specified daily shifts as follows:
Department / Division Daily Shift(s) Shift T~,~e Work Week Notes
Clerk's, planmng, Public Works 8:30 am - 4:30 pm or day Mon.-Fri., incl. 1, 2
and Treasu~/ 9:00 am - 5:00 pm
Culture and Recreation
program supervisors various * 1,2
recreation coordinator various * 3,6
aquatic program supervisor various ** 6
kinesiologist various * 6
assistant complex program 6
coordinator various *
others 8:30 am - 4:30 pm or day Mon.-Fri., incl. 6
9:00 am - 5:00 pm 1, 2, 4
· As scheduled by the Director of Culture and Recreation; maximum 40 hours weekly.
· * As scheduled by the Director of Culture and Recreation; maximum 35 hours weekly.
Note 1 Daily shi~s) include(s) one hour unpaid meal break.
Note 2 Selection of daily shift(s) is at sole discretion of Department Head.
Note 3 Daily shift(s) subject to variation by Department Head.
Note 4 Except Recreation Complex Clerk-Typists - various.
Note 5 Daily shift(s) include(s) one-half hour unpaid meal break.
Note 6 A schedule of hours to be worked by the employee shall be determined by the employer
and will be posted in advance where possible on bulletin boards.
B.2 (1) Schedule B employees shall be paid wages and overtime premiums for time worked in
accordance with the following Table:
Period Basic Wac;es Overtime Premium
Salary based upon the dollar
rates set out in the Job Classifi-
Workweek cations, Pay Grades and Pay not applicable
Rates Table at the beginning of
Schedule B
Hour not applicable hourly rate x hours
workedx 1.5 (2)
Sunday not applicable hourly rate x hours
(3) worked x 2
Paid Holiday hourly rate x hours hourly rate x hours
(Article 26) worked x 2.5 (1) worked x 2.5
Note 1 Maximum eight hours daily - program supervisors, recreation coordinator, kinesiologist,
and assistant complex program coordinator. Maximum seven hours daily - all others.
Note 2 In excess of eight hours daily or 40 hours weekly - program supervisors, recreation
coordinator, kinesiologist, and assistant complex program coordinator. In excess of seven
hours daily or 35 hours weekly - all others.
Note 3 Where Sunday is not part of the employee's workweek as set out in Article B. 1.
(2) For the purpose of interpreting the Table set out in Article B.2(1),
(a) "holiday" means those days or part of days referred to in Article 26 and is
intended to apply to the days upon which the Corporation decides to observe
same;
29
309
(b) "hourly rate" is arrived at by dividing the weekly wage of an employee by the
number of hours worked in a normal work week (i.e. 40 hours for program
supervisors, kinesiologist, assistant complex program coordinator and
recreation coordinator, 35 hours for all others);
(c) "hours worked" means the number of hours, to the nearest quarter-hour,
worked by an employee in a 24 hour period commancing at an employee's
starting time;
(d) 'ovemme' means those hours worked in excess of,
(1) eight in a 24 hour period, or 40 in any work week, for program
supervisors, recreation coordinator, kinesiologist end assistant complex
program coordinator, and
(2) seven in a 24 hour period, or 35 in any work week, for all others,
commencing at en employee's starting time, only if the working of those hours
has been authorized by the employee's Depastment Head;
(e) "wages" means the basic remuneration to which an employee is entitled for
time worked.
(3) Instead of being paid an overtime premium in accordance with Article B.2(1), an
employee may request time off, at the appropriate overtime rate as set out in the Table
in Article B.2(1), and, should the employee's Department Head concur, then the
employee will be allowed to take that time off at a mutually agreeable time.
B.3 The Corporation will allow break periods on the basis of one fiReen-minute period for each half
of the normal work day on the understanding that such period of time represents the maximum
tune that the employee will be away from a work station for this purpose.
B.4 (1) Every employee shall be on the job and ready to work at the specified starting time for
each working period.
(2) Any employee who is unable to report to work at the normal starting time shall notify
his or her Department Head at the earliest reasonable time.
B.5 Every employee shall treat members of the public with courtesy and respect, and shall avoid
injury to the property of the public, the ratepayers and the Corporation.
B.6 The re~mslar pay period shall be every two weeks. The Corporation wtll put the pay cheque of
the individual employee in a sealed envelope.
B.7 An employee requested by the Corporation to use his or her automobile on the business of the
Corporation shall be paid travel expense for distance traveled in accordance with the provisions
of by-law 3866/91, as amended from time to time, or any successor thereto
B. 8 Any employee who receives a request, during a normal shift, to work previously unscheduled
overtime at the end of such shift, end who works such overtime, shall be eligible for a meal
allowance in the amount of $6.75 if the period between the employee's last meal break and the
end of the overtime exceeds five hours.
B.9 Article B. 1 of this Schedule applies only to full-time permanent employees end full-time
temporary employees employed to replace full-time permanent employees who are temporarily
absent.
30
3 i0
S~;~ ~:OULE C
Job Classifications, Pay Grades, Pay Rates, Hours of Work and Working Conditions
(Special Recreation Employees)
JOB CLASSII~ICATIONS, PAY GRADES AND PAY RATES
Pay Point Step 1 - 90% Step 2 - 95% Step 3 - 100% Job Classification
Grade Range Start Job Rate (Job Title)
9 145 - 159 15.62 16.48 17.35 * Fitness Instructor
· Program and Volunteer Coordinator
- Museum
8 130- 144 14.94 15.77 16.60
7 115 - 129 14.30 15.10 15.89 * Aquatic Supervisor
Head Camp Coordinator
6 100- 114 13.73 14.50 15.26 Camp Coordinator
· Education Instructor - Museum
· Head Instructor
5 85 o 99 13.19 13.92 14.65 Camp Director
Counsellor-in-Training Instructor
· Facility Security Guard
· Head Lifeguard
· Instructor
· Youth Coordinator
4 80 - 84 9.89 10.44 10.99 Assistant Camp Director
· Lifeguard
· Recreation Complex Attendant
3 75 - 79 8.79 9.28 9.77 * Cleaner - Community Centres
· Arena Attendant
2 70 - 74 7.15 7.54 7.94 Admissions/Receptionist - Museum
· Babysitter Shift Leader
Camp Counsellor
Tour Guide - Museum
· Youth Leader
1 65 - 69 6.85 6.85 6.85 * Babysitter
· Youth Assistant
· Less than 24 hours per week.
HOURS OF WORK AND WORKLNG CONDITIONS
C. 1 A schedule of hours to be worked by the employee shall be determined by the Corporation and
will be posted in advance, where possible, on bulletin boards for employees. 3?nis shall not
apply to summer students who normally work a regularly scheduled workweek.
C2 If an employee arrives to begin a scheduled shift and there is no work available and the
employee has not been advised in advance that he or she would not be required, the
Corporation shall pay the employee two hours pay at regular rates.
C.3 For employees and students employed during the summer vacation period, work performed in
excess of eight (8) hours per day or forty (40) hours per week shall be paid at the rate of time
and one-half the hourly rate.
C.4 When an employee is assigned a higher rated job by the Corporation on an interim basis, he or
she shall be paid the rate of pay for the higher rated job while performing that job.
C.5 For aquatic staff, the Corporation shall pay the full cost of one tank top, one swimsuit, and
one sweatshirt, the replacement of which will be on an "as needed" basis, at the discretion of
the Aquatic Coordinator.
C.6 This Schedule apphes only to special recreation employees and students employed during the
normal school vacation periods.
31
311
LETTER OF UNDERSTANDING
NUMBER 1/96
Expiration of Social Contract
1. With the expiration of the Social Contract (and related Agreements) effective midnight
March 31, 1996, the Corporation will acknowledge and recognize every employee's
service during the Social Contract period for the purpose of Pay Grade Step adjustments
in Schedules A, B and C, effective April l, 1996.
2. The Corporation shall endeavor to implement the Pay Grade Step Adjustments on or
before July 31, 1996.
LETTER OF UNDERSTANDING
NUMBER 2~96
Employee Assistance Program Committee
1. The Corporation ~md the Union will jointly estabhsh an Employee Assistance Program
Committee.
2. The Employee Assistance Program Committee will meet with a view to establ/shing an
Employee Assist;race Program with an implemantation date of March 31, 1997.
LETTER OF UNDERSTANDING
NUMBER 3~96
Paid Time for C.U.P.E. Local 129 President
1. The employee elected from time to time as the President of the Union will be granted six days
paid time for attending to Union activities or Union sponsored evants on a trial basis during
1996, subject to the prior approval of the employee's department head.
32
312
LETrER OF UNDERSTANDING
NUMBER 4/96
Schedule A and B Employees Having More than One Job
1. As of the date the April 1996 to March 1998 collective agreement is ratified, no Schedule A or
B employee shall be hired, promoted, transferred or demoted as a result of which that employee
will hold more than one job with the Corporation.
2. As of November 1, 1996, no Schedule A or B employee shall hold more than one job with the
Corporation.
3. Any Schedule A or B employee who, at the time the April 1996 to March 1998 collective
agreement is ratified, holds more than one job with the Corporation, shall, on or before
November 1, 1996, select one of those jobs as the job that he or she will retain, and effective on
the date that such selection can be implemented (but not after November 1, 1996), that
employee shall be deemed to have been laid offfiom the job or jobs not selected.
4. Prior to the employee being asked to make the selection referred to in 3, the Corporation may
revise the job or jobs in any mmmer, including merging two or more of them into a new
position.
5. Any job or jobs that have been revised may, with the agreement of the Union, be awarded to an
incumbent employee without posting, if the revisions are deemed to be an enhancement of the
original duties and the incumbent employee has the qua[ificafions to perform the revised job.
6. No employee laid off tSom any job or jobs pmsuant hereto shall have the right to bump any
other employee.
7. The accumulated seniority of an employee affected hereby shall be the total seniority
accumulated by that employee in all jobs held by that employee on the date that the employee's
job selection is implemented. From and after that date, the employee shall accumulate seniority
only in the job selected, and not in the jobs from which he or she has been laid offhereunder.
8. Any time limit herein may be extended by the agreement of the Parties
9. This Letter does not apply to any employee who holds more than one job in Schedule C only
33