HomeMy WebLinkAboutBy-law 4653/95 THE CORPORATION OF THE TOWN OF PICKER1NG
BY-LAW NO, 4653/95
Being a by-law to ratify the terms of a
Memorandum of Settlement dated June 29, 1995,
between The Corporation of the Town of Pickering
and Pickering Professional Firefighters' Assoc-
iation respecting a Collective Agreement for 1995,
and to authorize the execution of that Collective
Agreement.
WHEREAS, pursuant to section 5 of the Fire Departments Act, R.S.O. 1990, chapter F.15, the
Personnel Committee of the Council of The Corporation of the Town of Pickering has come to
an agreement with the Bargaining Committee of the Pickering Professional Firefighters'
Association for the purpose of defining, determining and providing for remuneration, pensions
and working conditions of the full-time firefighters of the Town's Fire Department for 1995; and
WHEREAS, pursuant to sections 207.45, 207.46, 207.47, 207.48 and 207.49 of the Municipal
Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the Town of 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 Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Memorandum of Settlement dated June 29, 1995, between The Corporation of the
Town of Pickering and Pickering Professional Firefighters' Association, a copy of which
is attached hereto as Schedule A, is hereby ratified.
2. The Mayor and Clerk are hereby authorized to execute a Collective Agreement, in the
form attached hereto as Schedule B, between The Corporation of the Town of Pickering
and Pickering Professional Firefighters' Association respecting the period beginning
January 1, 1995 and ending December 31, 1995.
BY-LAW read a first, second and third time and finally passed this 17th day of July, 1995.
Wayne Arthurs, Mayor
TOWN OF' ~
PICKERING
.A.~z~OVEq
[~. Bruce~Faylor, Clerk
Schedule A
1995
MEMORANDUM OF SETTLEMENT
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
AND
PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF SETTLEMENT
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
AND
PICKERING PROFESSIONAL FIKEFIGHTERS' ASSOCIATION
The undersigned representatives of the parties agree that the points enumerated in the attached
proposal of settlement shall be accepted by them ia full and final settlement of all matters remaining ia
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
and the collective bargaining between the principals shah revert to the opening positions taken by
them in their original submissions ia accordance with Article 24.01 of the collective agreement dated
January 1, 1994.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
ARTICLE 2.08
ADD
2.08 Labour-Management meetings will occur on a quarterly basis at times and dates agreeable
to the Association and the Corporation.
Dated at Pickering as of the 6th day of April, 1995.
For the Association For the Corporation
2
ARTICLE 5.O3
5.03 Such statutory holidays shall be taken by Employees as follows:
(a) Either twelve days pay or twelve days off duty or any combination thereof at the
Employee's option providing that this option has been stated in writing prior to
January 1st in the year in which the statutory holidays occur.
(b) An Employee who is an admitted inpatient in hospital, or confined under doctor's
direction as a result of illness or injury occurring immediately prior to his scheduled
statutory holiday time off; may have his statutory holiday re-scheduled, ifposs~le.
(e) The payment of statutory holiday pay shall be on the first pay in December, if
possible.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
ARTICLE 7.09
ADD
7.09 The Corporation shall provide to the Association, on or before February 28 in each year,
the opening and closing balances, and the number and amount of eontn'butions to and
draws upon,
(a) each Employee's Sick Leave, and
(b) the Sick Leave Bank,
in the previous year.
Dated at Picketing as of the 6th day of April, 1995.
For the Association For the Corporation
ARTICLE 10.03(1)
10.03(1) Overtime
An Employee who works overtime shall receive overtime pay at the rate of 11/~ times the
Employee's normal hourly rate of pay and shall receive a minimum of one hour's pay at
the overtime rate.
Dated at Picketing as of the 4th day of May, 1995.
For the Association For the Corporation
ARTICLE 10.03(3)
10.03(3) Overtime
Overtime pay and callback pay shall be paid eve~ two weeks in arreaxs.
Dated at Pickering as of the 6th day of April, 1995.
For the Association For the Corporation
6
ARTICLE 11.01(4)
11.01(4) A Firefighter promoted to the position of Officer within the Department shall serve a
probationary period of six months. In the event that a Firefighter promoted to the position
of Officer is not confirmed, he shall have the right to return to his former rank. A
Firefighter must serve the rank of 1st Class for a period of two years before being eligible
for promotion to a higher rank in the Fire Protection Division.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
7
ARTICLE 11.02
11.02 When a Dispatcher is hired, the Dispatcher shall be on probation for a period of 120 days.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
8
ARTICLE 11.07(3)
11.07(3) A Firefighter shah be deemed to have resigned it~ at'er layo~
(a) he fails to acknowledge his availability to report to work within five days (excluding
Saturdays, Sundays and statutory holidays) at~er the date the notice of re-call is sent
by registered mail to the last address provided by the Firefighter, in writing to the
Corporation's Human Resources Department, or
(b) he fails to report to work within ten days niter notice of re-call is issued.
Dated at Picketing as of the 4th day of May, 1995.
For the Association For the Corporation
9
ARTICLE 11.08(3)
11.08(3) A Dispatcher shall be deemed to have resigned if; after layo~
(a) he fails to acknowledge his availability to report to work within five days (excluding
Saturdays, Sundays and statutory holidays) after the date the notice of re-call is sent
by registered mail to the last address provided by the Dispatcher, in writing to the
Corporation's Human Resources Department, or
(b) he fails to report to work wjthln ten days atter notice of re-call is issued.
Dated at Picketing as of the 4th day of May, 1995.
For the Association For the Corporation
10
ARTICLE 11.09
AMEND AND ADD TO READ
11.09 Where the Corporation determines that it will fill a vacancy created by the resignation,
retirement, death, promotion, transfer or dismissal of an Employee, the Corporation shall,
(a) post notice of that vacancy in each full-time station for a period of 14 calendar days;
and
(b) fill that vacancy within 90 calendar days aider the posting of the vacancy ends,
except as may be agreed between the parties.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
11
ARTICLE 12.06
12.06 Leave of absence without loss of remuneration or seniority to attend to Association
business will be granted to any employee for an accumulated departmental maximum of
forty-eight days in any calendar year, providing a replacement or replacements acceptable
to the Fire Chief is or are provided by the Association.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
12
ARTICLE 12.07
ADD
12.07 The Corporation may grant leave of absence with pay and without loss of seniority or
occupational classification,
(a) to any Employee requesting such leave for the purpose of attending his medal
investiture, and
(b) to the President of the Association for the purpose of attending a medal investiture.
Dated at Picketing as of the 29th day of Jtme, 1995.
For the Association For the Corporation
13
ARTICLE 15.01
15.01 Where an Employee charged with a criminal or statutory offence while performing his
responsibilities and flowing from his duties is acquitted of such charges, the Employee
shall be reimbursed for any reasonable legal expenses incurred as a result of such charges
and assessed pursuant to the Solicitors Act.
Dated at Picketing as of the 6th day of April, 1995.
For the Association For the Corporation
14
ARTICLE 16.01
AMEND ITEMS (f) and (n) TO READ
16.01 The Corporation shah supply ah full-time Firefighters with the following:
(f) one uniform cap every three years, and cap badge as reasonably required;
(n) one pair of black protective footwear which conforms to National Standard of
Canada CAN/CSA-Z 195-M92,
Dated at Pickering as of the 29th day of June, 1995.
For the Association For the Corporation
15
ARTICLE 16.05
AMEND ITEM (f) and ADD ITEM (g) TO READ
16.05 The Corporation shall supply all full-time Dispatchers with the following:
(f) one uniform cap every three years, and cap badge as reasonably required;
(g) one pair of black protective footwear which conforms to National Standard of
Canada CAN/CSA-Z195-M92,
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
16
ARTICLE 16.07
16.07 The Corporation shall pay to each Dispatchers before January 31st each year a cleaning
' allowance of $90.00.
Dated at Picketing as of the 6th day of April, 1995.
For the Association For the Corporation
17
ARTICLE 17.01
17.01 When no Captain is on duty in any full-time station, a 1st Class Firefighter currently
designated as an Acting Captain who is on duty shall be required by the Fire Chief to
perform the duties of a Captain at that station and shall be paid at a Captain rate while
performing those duties.
Dated at Pickering as of the 29th day of June, 1995.
For the Association For the Corporation
18
ARTICLE 18.04
18.04 An Employee who is exonerated under Article 18.02 or 18.03 hereof shall be reinstated
and paid his salary for any time lost.
Dated at Picketing as of the 6th day of April, 1995.
For the Association For the Corporation
19
ARTICLE 24.01
24.01 This Agreement shall be in force and effect fi'om January 1st, 1995, until December 31st,
1995, and from year to year thereafter. In the event of either Party desiring or proposing
any change or alteration in the Agreement, such Party shall give to the other Pa~y not less
than 30 days written notice before the renewal date and both Parties shall thereupon
negotiate in good faith in respect of the matters which it is proposed to change or alter and
the remaining provisions shah be automatically renewed.
Dated at Pickering as of the 6th day of April, 1995.
For the Association For the Corporation
20
LETTER OF UNDERSTANDING
ARTICLE 3.04
The Corporation agrees to provide to the Association the 1995 Attendance Records of the Training
Officer, the Fire Prevention Officer and the Fire Inspectors, to enable the Association to determine
the actual hours worked by Employees in those positions.
Dated at Pickering as of the 29th day of June, 1995.
For the Association For the Corporation
21
LETTER OF UNDERSTANDING
ARTICLE 11
The Corporation and the Association agree to develop promotional eligibility criteria in the Fire
Prevention Division.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
22
LETTER OF UNDERSTANDING
ARTICLE 17.01
The Corporation and the Association agree that, until the Corporation has been able to designate the
same number of Acting Captains as Captains (but not after December 31, 1995), the Corporation may
require the most senior Firefighter who is on duty to perform the duties of a Captain, so long as the
Corporation first attempts to request all off-duty Captains and currently-designated Acting Captains
to perform those duties.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
23
LETTER OF UNDERSTANDING
ARTICLE 19
The Corporation and the Association agxee to discuss revisions to the Grievance Procedure.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
24
LETTER OF UNDERSTANDING
GENERAL
The Corporation agrees to develop, with the assistance of the Association, job descriptions for the
positions of Dispatcher, Firefighter and Training Officer.
Dated at Picketing as of the 29th day of June, 1995.
For the Association For the Corporation
25
Schedule B
THIS AGREEMENT made as of the 1st day of January, 1995,
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Corporahon",
OF THE FIRST PART,
PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
hereinafter called the "Association",
OF THE SECOND PART.
WHEREAS the Patties hereto wish to establish and maintain collective bargaining relations between the
Corporation, its Firefighters md Fire Dispatchers, and to provide machinery for the prompt and eqmtable
disposition of grievances, and to establish and maintain mutually satisfactory working conditions, hours and
wages for all Firefighters mad Fire Dispatchers who are subject to the provisions of this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT:
ARTICLE 1 - SCOPE OF AGREEMENT
1.01 In this Agreement, the term,
(a) "Dispatcher" means a full-time Fire Dispatcher of the Town of Pickermg Fire Depamnent;
(b) "Firefighter" means a full-tUne Firefighter of the Town of Picketing Fire Department, and
mcludas a Captain, Officer and Inspector, but does not include a Fire Chief or Deputy Chief;
and
(c) "Employee" means a Dispatcher or a Firefighter.
1.02 The provisions of this Agreemant shall apply to all Employees m the Department.
ARTICLE 2 - RECOGNITION
2.01 The Corporation retains the sole fight to manage all services and direct the working forces,
including the right to hire, promote, transfer, reprimand, penalize, suspend, discharge or demote its
Employees for just cause. A elarm of diseriminatory promotion, demotion or transfer or a elaun that
any Employee has received a whtten reprimand or bean discharged, penalized or suspended
without just cause shall be the subject ora grievance and dealt with as provided m Articles 18 and
19.
2.02 The Association and the Employees recogmZe the fight of the Corporation to delegate its authority
to a commitlee of the appropriate officials, to negotiate a ranewal Agreement or to parttC~Pate m the
resolution of grievances with Employees subject to the final approval of any Agreement by the
Corporation.
2.03 The Corporation recogmzes the Association as the exclusive bargaining agent for all Employees,
and this Agreement shall be regarded as being applicable to all such Employees.
2.04 All Employees while in uniform, whether on or off duty, shall be governed by the rules and
regulations of the Department as established and published by the Fire Chief from l~Xne to time.
2.05 All Employees that are now members of the Association shall remain members thereof and the n~
Employees of the Depamnent shall become members of the Association within the first 30 days of
their probationary period mad will continue their membersh/p m good standing m the Association as
a condition of continued employment.
2.06 The Corporation and the Association agree to keep each other advised, m writing, of the names of
the Executive Committee and the Bargaining comrmttee.
2.07 The Corporation and the Association agree that at no time will discrimination be shown toward any
Employee who is covered by this Agreement. No strike or lock-out shall occur during the life of
this Agreement or any renewal thereof, and the Association shall not participate in any sympathy
strike m support of any other organization.
2.08 Labour-Management meetings will occur on a quarterly basis at times and dates agreeable to the
Association and the Corporation.
ARTICLE :} - HOURS OF WORK
3.01 Dispatchers and Firefighters other than Fire Prevention Officers, Training Officers and Fire
Inspectors shall be required to work a 42 hour week on the average, based on the two platoon
system, misting of a ten hour day and a fourteen hour night.
3.02
Schedule of Hours of Work- 42 Hours Per Week
Shift Mon Tues Wed Thurs Fri Sat Sun Total
Days 1st Week 10 10 10 10 40
Ni~,hts 2nd Week 14 14 14 14 56
Days 3rd Week 10 10 10 30
Ni~,hts 4th Week 14 14 14 42
3.03 Nothing m the above Schedule of Hours of Work shall prevent the Fire Chief granting the written
request of,
(a) any two Firefighters to exchange shifts or days off; or
(b) any two Dispatchers to exchange shifts or days off
3.04 Fire Prevention Officers, Training Officers and Fire Inspectors shall work a system of 40 hours per
week to be determined and scheduled in advance by the Fire Chief, providing that the system shall
m no way unPair the efficiency of the Department.
ARTICLE 4 - VACATIONS
4.01 All Employees who have completed the years of service shown below on thek seniority dates shall
be entitled to the corresponding vacation with pay:
Years of Service Length of Vacation with Pay
Less than one year One day for each complete month of
service to a total of two weeks
One year but less than four years Two weeks
Four years but less than me years Three weeks
Nine years but less than seventeen years Four weeks
Seventeen years but less than twenty-five years Five weeks
Twenty-five yeats or more Six weeks
4.02 Employees' vacation periods shall be drawn by seniority. Three Employees fi~om each shift may
take the same vacation period at the same time. At the discretion of the Fire Chief, those
Employees who are entitled to more than two weeks vacation may choose their entire allotment on
a consecutive week basis if desired. After each Employee has had the opportunity in tum of
making this choice, se~nority shall again govam with respect to those Employees entitled to
additional vacation periods using the above formula.
2
4.03 No vacation time shall be lost as a result of an occupational illness or accidant recurred in the
performance of duty.
4.04 Vacation date requests shall be submitted to the Fire Chief on or before December 1 st of each year
and the Vacation Schedule shall be posted on or before December 31 st of each year.
4.05 Vacations shall not be accumulative without the special peraUssion of the Town Manager. Only
one vacation accumulataon or extended vacation will be permitted during each three year period.
4.06 An Employee who is an admitted m-patient in hospital or confined under doctor's direction as a
result of illness or mjmy occurring immediately prior to his scheduled vacation may have his
vacation re-scheduled, if possible.
4.07 Ehgibility for vacation re-scheduling under Article 4.06 shall require a medical certificate stating
the reclusive dates the Employee was admitted or confined and the date of the occurrence of the
illness or mjmy.
ARTICLE $ - STATUTORY HOLIDAYS
5.01 All Employees shall be entitled to twelve statutory holidays in each year, plus any holiday declared
by the Corporation in addition to those hsted in Ardcle 5.02, or a proportionate amoont in the event
of employmeat for less th~m the complete year.
5.02 The folloWing are considered as statutory holidays:
New Years Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day December 24th
Canada Day Christmas Day
Cixfc Holiday Boxing Day
5.03 Such statutory holidays shall be taken by Employees as follows:
(a) Either twelve days pay or twelve days off duty or any combmffdon thereof at the Employee's
option providing that this option has been stated in writing prior to January 1 st in the year in
which the statutory holidays occur.
(b) An Employee who is ma admitted mpatiant in hospital, or confined under Doctors direction as
a result of illness or mjmy occurring mediately prior to his scheduled statutory hohday time
off, may have his statutory hohday re-scheduled, if possible.
(c) The payment of statutory holiday pay shall be on the first pay in December, if possible.
ARTICLE 6 - WORKERS' COMPENSATION
6.01 When an Employee is injured at work and in receipt of Workers' Compensation in heu of his regular
pay, the Corporation will make up the difference between such compensation and his regular pay
ARTICLE 7 - SICK LEAVE
7.01 Each Employee shall be entitled, upon completion of three month's employment, to sick leave with
pay ("sick leave") which shall accumulate at the rate of 1½ days per month of sermce. To qualify
for sick leave with pay, an Employee shall, when requested by the Corporation, produce evidence
of illness reasonably satisfactory to the Corporation.
7.02 An unbroken month of service shall be one where an Employee is employed on all his working days
in the month end is not absent from kis duties other then on account of:
(a) accidant or illness;
(b) leave of absence granted under Article 12;
(c) bereavement leave granted under Article 13.
3
7.03 The Town will establish a Sick Leave Bank for the benefit of Assoeiation members.
7.04 Where an Employee is entitled, as of the end of December 31 st in any year, to accumulated sick
leave in excess of two days, all but two days thereof will be carded forward to the next year for that
Employee's use.
7.05 Any amount of sick leave to which an Employee is otherwise eatifled but which will not be camed
forward to the next year pursmmt to Ardcle 7.04 shall be accumulated in the Sick Leave Bank.
7.06 Where an Employee has exhausted his sick leave eatiflement and is unable to work because he is
sick, he may atyply to the Corporation for a draw upon the accumulated sick leave, if any, in the
Sick Leave Bank.
7.07 Upon receipt of an application for a Sick Leave Bank draw, the Corporation shall notify the
Association of the name of the Employee applying and the amount of sick leave applied for, if
known.
7.08 The Corporation shall grant an application for a Sick Leave Bank draw only where,
(a) the Sick Leave Bank has accumulated sick leave sufficient to cover the draw; and
(b) the Association consents in writing to the draw.
7.09 The Corporation shall provide to the Association, on or before February 28th in each year, the
opemng and dosing balances, and the number and amount of contributions to and draws upon,
(a) each Employee's Sick Leave, and
(b) the Sick Leave Bank,
in the previous year.
ARTICLE 8 - HOSPITAL AND MEDICAL COVERAGE
8.01 The Corporation shall pay 100% of the premium cost of the following:
(a) Ontario Health Insurance Plan;
(b) Uife Insurance to two and a half times the amual salary of the Employee to the nearest $100.00
including an accidental death and dismemberm~t provision;
(c) Major Medical Plan including Prescription Drugs;
(d) Long Term Disability Plan providing 75% of salary under Article 10 subject to a maxtmum of
$4,000.00 per month; there shall be a 17-week waiting period before commencement of LTD
benefits;
(e) Vision care plan to provide up to $175 every two years for glasses and/or contact lenses;
(f) Dental Plan equivalent to the Blue Cross Plan Number 9, ufli~ing the 1991 O.DA Fee
Schedule, and to include Orthodontic coverage for dependent children to a $1,500 lifemne
maxunm with a 50%/50% co-insurance.
8.02 Each Employee, as a condition of employment, will participate in the Life Insurance Plan referred
to in Article 8.01 (b), above.
ARTICLE 9 - RETIREES' BENEFITS
9.01 The Corporation shall pay 75% of the premium cost of the following benefits for Employees from
the date of retirement to age 65:
(a) Ontario Health Insurance Plan;
(b) Major Medical Plan including Prescription Drugs.
ARTICLE 10 - SALARIES
10.01 The following shall be the scale of annual salaries paid bi-weekly to Employees:
Classification Salary
1 st Class Firefighter $51,344.00
2nd Class Firefighter - 90% of 1 st Class Firefighter $46,209.60
3rd Class Firefi~hter - 80% of 1st Class Firefi~hter $41,07520
4th Class Firefishter - 67.5% of 1st Class Firefighter $34,657.20
Captain - 115% of 1st Class Fircfi~,hter $59,045.60
Fire Prevention & Traininl~ Officers - 118% of 1 st Class Firefi~,hter $60,585.92
Fire Inspector - Grade I - 100% of 1st Class Firefighter $51,344.00
Fire Inspector - Grade II - 90% of 1st Class Firefi~hter $46,209.60
Dispatcher - (First Six Months) - 65% of 1st Class Firefi~hter $33,373.60
Dispatcher - (At, er First Six Months) - 71% of 1st Class Fireti~hter $36,454.24
Dispatcher - (At~er 60 months) - 73% of 1 st Class Firea58hter $37,481.12
10.02 The Corporation shall withhold from the wages of all Employees all monthly dues md assessmoats
properly levied by the Association members and will transmit same to the Treasurer of the
Association at such time or times m each year as shall be mutually agreed upon by the Corporation
~md the Association.
10.03 (1) Overttme
An Employee who works ovemme shall receive ovemme pay at the rate of 1½ tames the
Employee's normal hourly rate of pay and shall receive a minimum of one hour's pay at the
overtnne rate.
(2) Callback
Any Employee who has completed a regular scheduled shift and gone home, if called back in
for extra service shall receive 1½ times his normal hourly rate of pay and shall receive a
minimum of one hours pay at time and one half
(3) Payment Schedule
Ovemme pay and callback pay shall be paid every two weeks in arrears.
10.04 Whoa en Employee is subpoenaed to court as a result of performing his duties, he shall be paid
straight time and, if off-duty, he shall be paid at the rate of PA trmes his normal hourly rate of pay.
10.05 Statutory hohdays shall be calculated a the rate of 1/182 of a years wages for their particular rank.
10.06 Employees requested by the Corporation to use their automobile on the business of the Corporation
shall be paid travel expenses for distance traveled in accordance with the provisions of By-Law
3866/91, as amended from time to time, or any successor thereto.
ARTICLE 11 - PROMOTIONS~ SENIORITY~ LAY-OFF AND VACANCIES
Promotions - Firefillhters
11.01 (1) When a Firctighter is hired, he shall be on probation for a period of twelve months.
(2) Atter serXang the probationary period, each Firefighter shall be reviewed by the Fire Chief with
a view to advancement.
(3) Thereafter, each Firefighter shall be reviewed, on the anmversmy of his previous
advencement, with a view to further advancement until he has reached the rank of 1 st Class
Firefighter.
(4) A Firefighter promoted to the position of Officer within the Depa~haoat shall serve a
probationary period of six months. In the event that a Firefighter promoted to the position of
Officer is not confirmed, he shall have the right to return to his former rank. A Firefighter
5
must serve the rank of 1st Class for a period of two years before being ehgible for promotion
to a higher rank in the Fire Protection Division.
(5) Labour Management meetings will occur on a quarterly basis as envisioned in the Letter of
Understanding dated September 23, 1992 between the parties.
Promotions - Dispatchers
11.02 When a Dispatcher is hired, the Dispatcher shall be on probation for a period of 120 days.
11.03 Recommendations for all promotions of Dispatchers shall be based upon seniority of years of
service within the Depaxtment, together with efficiency and due regard to skill, merit and ability.
The Fire Chief shall be the one to determine the efficiency of the Dispatcher and make his
recommendations to the Town Manager.
Seniori ,ty - Firefi~hters and Disnatchers
11.04 (1) In determining an Employee's length of service for senionty purposes, computation will begm
on the date the Employee began work. Former Employees re-entenng the sermce after
continuity of service has been broken by any reason (Her Majesty's Service excepted) shall be
considered new Employees, and seniority shall start as of the date they re-enter service.
(2) Seniority for a Dispatcher shall not be credited until the completion of his probationary period;
however, upon completion thereof he shall be deemed to have acquired seniority and shall be
credited with seniority in accordance with clause (1), above.
11.05 Seniority shall me, m~ seniority of an Employee within his particular Employee group (i.e.
Firetighters or Dispatchers).
11.06 A seafiority hst shall be posted by the Corporation in all fireballs each year by January 15th.
Lay-Off Procedure - l*irefighters
11.07 (1) In the event of a reduction in the Firetighter work force, lay-off shall commence with the
Firefighter with the least amount of seniority with the Firefighter group, provided the more
senior firefighters remaining are able to perform the work required.
(2) Firetighters so laid off shall retain, but shall not accrue, their semority while laid off In the
event of re-call or increase in the work force, positions will be filled m reverse manner to the
lay-off
(3) A Firetighter shall be deemed to have resigned if, after lay-off,
(a) he fails to acknowledge his availability to report to work within five days (excluding
Saturdays, Sundays and statutory hohdays) after the date the notice of re-call is sent by
registered mail to the last address provided by the Firereighter, in whtmg to the
Corporation's Human Resources Department, or
(b) he fails to report to work within ten days at~er notice of re-call is issued.
Lay-Off Procedure - Dispatchers
11.08 (1) In the event of a reduction in the Dispatcher work force, lay-off shall commence with the
Dispatcher with the least amount of total departmental seniority with the Dispatcher group.
(2) Dispatchers so laid off shall retain, but shall not accrue, their seniority while laid off In the
event of re-call or increase in the work force, positions will be filled in reverse manner to the
lay-off.
(3) A Dispatcher shall be deemed to have resigned if, at~er lay-off,
(a) he fails to acknowledge his availability to report to work within five days (excluding
Saturdays, Sundays and statutory hohdays) after the date the notice of re-call is sent by
registered mail to the last address provided by the Dispatcher, in writing to the
Corporation's Human Resources Departmant, or
6
(b) he fails to report to work within ten days after notice of re-call is issued.
Filling Vacancies
11.09 Where the Corporal/on determines that it will fill a vacz~cy created by the resignation, rettrement,
death, promotion, tnmsfer or dismissal of an Employee, the Corporation shall,
(a) post notice of that vacancy in each full-time station for a pehod of 14 calendar days; and
(b) fill that vacancy within 90 calendar days after the posting of the vacancy ends, except as may
be agreed between the pames.
ARTICLE 12 - LEAVE OF ABSENCE
12.01 The Corporation may grant leave of absence, without pay and without loss of semority or
occupational classifcafion, to any Employee requesting such leave for a good and sufficient cause.
12.02 Subject to the approval of the Town Manager, the Fire Chief may grant leave of absence with pay
to en Employee upon any special grounds, and the period of any such leave of absence shall be
charged against the Employee's sick leave credits.
12.03 All requests for leave of absence shall be in whting.
12.04 An Employee may only accumulate seniority during the first three months of a granted leave of
absence under any paragraph of this A~cle.
12.05 When an Employee is subpoenaed as a court wimess, he shall not suffer any loss of salary or wages
while so serving, provided that the Corporation shall be obliged to pay only the difference between
such Employee's compensation for his witness fee or conduct money as a witness end the salary or
wages which he would otherwise have eamed had he worked the regular working day involved.
12.06 Leave of absence without loss of remuneration or seniority to attend to Association business will be
granted to any employee for aa accumulated departmental maxtmum of forty-eight days in any
calendar year, providing a replacement or replacements acceptable to the Fire Chief is or are
provided by the Association.
12.07 The Corporation may grent leave of absence with pay and without loss of semority or occupational
classification,
(a) to any Employee requesting such leave for the purpose of attending his medal investiture, and
(b) to the President of the Association for the propose of attending a medal investiture.
ARTICLE 13 - BEREAVEMENT LEAVE
13.01 Where in the discretion of the Fire Chief or the Town Menager it is justified, an Employee will be
allowed up to three consecutive days off with pay when a death occurs in his mediate family,
which shall mean father, mother, father-in-law, mother-in-law, sister, brother, spouse, child or other
relative living with the Employee.
13.02 An Employee shall be allowed one day off with pay when death occurs of a sister-in-law, brother-
in-law, grandparents, son-in-law, daughter-in-law or grandchild, in order to attend the funeral and
such leave shall be charged against the sick leave credits of the Employee.
ARTICLE 14 - PENSIONS AND INSURANCE
14.01 (1) The Corporation shall continue its contribution and the contributions of its Employees to the
present O.M.E.R.S. Pension Plan which presently provides a pension equal to 2% of the
Employee's annual contributory eammgs during the 60 consecutive months of highest
contributory earnings,
1. multiplied by the number of years of credited service since enrollment m O.MERS.
after January 1st, 1966 (maxm~um 35),
2. when the member is entitled to a pension under the Canada Pension Plan, reduced by the
lessor ot~
( a) the average of YMPE for the )
( year the member retires and the )
( two preceding years, or )
( ) number of years credited
0.7% x ( b) pensionable earnings which are ) x service since enrollment in
( the average annual contributory ) O.M.E.R.S. after January
( earmngs during the 60 ) 1st, 1966 (maximum 35)
( consecutive months of highest )
( contributory earnings )
(2) For Firctighters only, the Corporation shall pay 100% of the cost of an O.MER. S Type 1
Supplementary Pension Plan using the 2% Formula.
14.02 The Employee's record of the pension contributions shall be made available for individual approval
annually.
14.03 All Employees shall, as a condition of employment, participate in the Pension Plan in effect at the
time of commencement of employment.
14.04 All Firefighters reaching normal rettrement age, 60 years, shall be obliged to retire from the
Corporation on the last day of the month after the attainment of the normal retirement age, as
defined in the Ontario Mumcipal Employees Rettrement System Pension Plen.
ARTICLE 15 - INDEMNIFICATION
15.01 Where an Employee charged with a criminal or statutory offence while performing his
responsibilities and flowing from his duties is acquitted of such charges, the Employee shall be
reimbursed for any reasonable legal expenses incurred as a result of such charges and assessed
pursuant to the Solicitors Act.
15.02 The Corporation will continue the coverage under its present existing general liability insurance or
equivalent coverage.
ARTICLE 16 - UNIFORMS AND EQUIPMENT
Uniforms and Equipment - Firefighters
16.01 The Corporation shall supply all full-time Firefighters with the following:
(a) one double-breasted style tumc every three years for all Firefighters and one single-breasted
style tumc for all officers every three years;
(b) three pairs of tmiform pants every two years (to alternate with summer weight p~mts);
(c) four uniform shirts each year (two shirts to be short-sleeved);
(d) two uniform ties each year;
(e) one uniform winter coat every four years;
(f) one uniform cap every three years, and cap badge as reasonably required;
(g) two light blue permanent press fatigue sh/rts each year;
(h) two pairs of dark blue permanent press fatigue pants each year;
(i) one pair of robber boots, for renewal at the discretion of the Fire Chief;
(j) one safety helmet with front name shield and flip-up shield affixed, for renewal at the
discretion of the Fire Chief;
(k) A two-piece protective ensemble consisting of a protective coat and trousers which conforms
to the Canadian General Standards Board standard CAN CSGB-155.1-M88 and shall also
include a wrater liner and have one internal and two external pockets;
(1) onepair of leather firefighting gloves;
(m) insoles as needed;
(n) one pak of black protective footwear which conforms to National Standard of Canada
CAN/CSA-Z195-M92,
8
with shoulder flashes to be affixed to both shoulders of new uniforms whet supphed, including
shirts, tunics and wrater coats. All tumcs will have one service bar affixed for every five years of
service.
16.02 The measuring and ordering of uniforms shall be completed by March I st of each year.
16.03 The Corporation shall pay to each Firefighter a cleaning allowance of $90.00 per annum before
January 31st each year.
16.04 The Corporation agrees to perrmt the association to provide beds and bedding, at each firchall, for
use of Fkefighters on mght shitt. The Association will be responsible for all costs involved,
including the cost of laundry, and under no circumstances will the Corporation assme any pomon
of such costs, either directly or indirectly.
Uniforms and Equipment - Dispatchers
16.05 The Corporation shall supply all full-time Dispatchers with the following:
(a) one double-breasted style tumc every three years;
(b) three pairs of uniform pants o~ skirts every two years (to alternate with summer weight pints
or skirts);
(c) four ~miform shirts each year;
(d) two ~miform ties each year;
(e) one ~mifonn winter coat every four years;
(0 one umform cap every three years, and cap badge as reasonably required;
(g) one pair of black protective footwear which conforms to Nahonal Standard of Canada
CAN/CSA-Z195-M92,
with shoulder flashes to be affixed to both shoulders of new uniforms when supphed, including
shins, tumcs and winter coats. All tunics will have one service bar affixed for every five years of
semce.
16.06 The measuring and ordering of tmifonns shall be completed by March 1 st of each year.
16.07 The Corporation shall pay to each Dispatchers before January 31 st each year a cleamng allowmce
of $90.00.
ARTICLE 17 - ACTING RANK - FIREFIGHTERS
17.01 Whet no Captain (other than a Fire Preveation Officer or Training Officer), or other rank acting in
that capacity, is on duty in any full-time station, a 1 st Class Firefighter currently designated as an
Acting Captain who is on duty shall be required by the Fire Chief to perform the duties of a Captain
at that station and shall be paid at a Captain rate while performing those duties.
17.02 Article 17.01 does not apply to Firetighters requested to perform the duties of a Captain who is,
(a) a Fire Preveation Officer,
(b) a Training Officer, or
(c) a Fire Inspector.
17.03 When the Fire Prevention Officer is not on duty in the Depmeat, a Fire Inspector - Grade 1 may
be required by the Fire Chief to perform the duties of the Fire Prevention Officer ~md, if so
required, shall be paid at the Fire Prevention offce~s rate.
ARTICLE 18 - DISCHARGE OR DISCIPLINE
18.01 Where discipline, discharge or the interpretation of the Collective Agreement with respect to an
individual Employee is b~mg discussed with an Employee, the Employee shall be entitled to have
another meraber of the Association present.
18.02 The procedure governing discharge cases shall be pursuant to sectaon 4 of the Fire Departments
Act.
9
18.03 Cases revolving alleged unjust discipline or suspension shall start at Stage 1 of the Grievance
Procedure.
18.04 An Employee who is exonerated under Article 18.02 or 18.03 hereof shall be reinstated end paid
his salary for any time lost.
ARTICLE 19 - GRIEVANCE PROCEDURE
19.01 The Association shall appoint a Grievence committee fi.om among their members of three persons,
and shall notify the Corporation of the personnel of such Committee and any changes made therein
fi.om time to time.
19.02 In the event of a complaint or ghevence relating to the interpretation, apphcation or admimstration
of this Agreement, including any allegation that this Agreement has been violated or any question
as to whether a matter is arbitrable, or as the result of any action involving an Employee, he may
then proceed as follows:
STAGE 1 The Employee may take up the matter in writing with the Fire Chief or Deputy Chief
not later than two days after the day of the incident complained of.
STAGE 2 If the matter is not settled by the Fire Chief or Deputy Chief within two days of the
day it was taken up with him at Stage 1, the Grievance cormmttee, accompmied by
the Employee, may take the matter up with the Town Menager within two days of the
day it was first taken up with the Fire Chief or Deputy Chief by the Employee.
STAGE 3 If the matter is not settled By the Town Menager within five days of the day it was
taken up with him at Stage 2, it may be referred by the Grievance commattee to the
Executive conmUttee of Council, within seven days of the day it was taken up with
the Town Manager.
STAGE 4 If the matter is not settled by the Executive Committee of Cotmcil, it may, by notice
in whting to the Town Manager, be referred to arbitration by the Grievence
comrmttee under Article 20 of this Agreement within seven days of the day it was
first taken up with the Executive Conumttee of Council.
Group Grievances
19.03 In case a group of Employees has a grievance, it shall be taken up by the Grievance comrmttee
starting at Stage 2.
General Grievances
19.04 Any difference arising directly between the Associataon and the Town concerning the interpretation
or violation of the terms or provisions of tiffs Agreement may be submitted to either Party by the
other at Stage 2 within and not after ten days of the day of the incident complained of
19.05 In determining the time within which/my step is to be taken under the foregoing provisions of this
Article, Saturdays, Sundays ond statutory holidays shall be excluded. Time limits fixed by this
Article may be emended by agreement in writing between the Paxties.
19.06 At any Stage of the Grievance Procedure, including arbitration, the conferring paxties may have the
assistance of the Employees concemed ~md eny necessary witnesses, end all reasonable
arrangements shall be made to perrmt the confemng pames to have access to the Department, to
view disputed operations end to confer with the necessary wimesses.
19.07 A deCasion at my Stage of the Grievance Procedure shall be in writing.
ARTICLE 20 - ARBITRATION
20.01 Where a difference arises between the Parties relating to the intexpretat~on, apphCat~on or
administration of this Agreement or where en allegaUon is made that the Agreement has been
violated, either of the Parties may, after exhausting the Grievmce Procedure as set out in Article 19,
10
notify the other Party in writing of its desire to submit the difference or allegation to arbitration. If
the reCiPient of the notice and the Party desiring the arbitration do not, w/thin fffieen days, agree
upon a single arbitrator, the appointment o£ a single arbitrator shall be made by the Minister of
Justice end Attorney-General upon the request of either Party. The arbitrator shall commence to
hear end determine the difference or allegation within 30 days after his appointment or at such other
time as may be agreed upon by the Parties and the arbitrator. The arbitrator shall issue a decision
w/thin a reasonable time atter heanng the difference or allegation and the arbitrators decision is
final and binding upon the Parties. The arbitrator shall not have eny 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 and conditions of this Agreement, or in any way modify, add to or
detract from any provision of this Agreement. Each of the Parties to this Agreement will share
equally the fees end disbursements of the arbitrator.
ARTICLE 21 - TECHNOLOGICAL CHANGE
21.01 If the Corporation proposes to change the method of providing fire serrates to the community by
technological chenge, and as a result to displace an Employee from his position, the Corporation
shall notify the Association of its proposal as soon as practicable and afford the Association an
oppommity to meet with the Town Manager, end such other management personnel as he considers
appropriate, prior to the maPlementation of the proposal.
21.02 When proposing to displace an Employee from his position in the process of tmplemenlmg a
technological chenge, 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 he has the
qualifications end ability to perform;
(c) the relocation of the Employee to another position, the requirements of which he does not have
the qualifications or ability to perform, and the re-training of the Employee in that position.
21.03 hi the event that en Employee being displaced as a result of technological change,
(a) is not to be re-trained, relocated or relocated and re-trained, and
(b) is to be laid off,
such lay-off shall be govemed by the provisions of Article 11.
ARTICLE 22 - CONTRACTING OUT WORK
22.01 No work in classifications covered by this Agreement shall be contracted out at the expense of
present Employees being laid ofl~
22.02 Where the Corporation is contemplating contracting out work of a nature performed by Employees,
the Association will be given six month's notice of the Corporation's intent.
22.03 During the six month notice period referred to in Article 22.02, the Association shall be given en
opportunity to make representation to the Corporation with respect to the contraetmg out of the
work in question; the Corporation shall make available to the Association any material of a non-
confidential nature being examined in support of its decision to contract out the work.
22.04 No tenders shall be invited until the expiry of the six month notice period referred to in Article
22.02.
ARTICLE 23 - FIRE DEPARTMENTS ACT
23.01 The provisions of the Fire Departments Act, R. SO. 1990, c. F. 15, as may be amended from time to
tune, shall apply to this Agreement.
II
ARTICLE 24 - DURATION
2401 This Agreement shall be in force and effect from January 1st, 1995, until December 31st, 1995,
and from year to year thereafter. In the event of either Pan'y desiring or proposing any change or
alteration in the Agreement, such Party shall give to the other Party not less thru 30 days written
notice before the renewal date and both Parties shall thereupon negotiate in good faith in respect of
the matters which it is proposed to change or alter and the remaining provisions shall be
automatically renewed.
ARTICLE 25 - INTERPRETATION
25.01 In this Agreement, where the context or eircmustances require,
(a) singular shall be construed as plural,
(b) plural shall be construed as singular, and
(c) masculine shall be construed as feminine,
and related words md phrases shall be construed accordingly.
IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal under the hands of its
duly authohzed officers, and the Association has caused this instrument to be executed by its proper
officers duly authorized.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Date Signed: July 18, 1995.
Bruce Taylor, Clerk
PICKERING PROFESSIONAL FIREFIGHTERS' ASSOCIATION
Gerald Pedwell, President
Date S~gned: July ,1995.
John Hagg, Secretary