HomeMy WebLinkAboutBy-law 876/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 876/78
Being a By-law to authorize the execution
of an agreement between the Corporation
of the Town of Pickering and Canadian
Union of Public Employee Local No. 129.
WHEREAS pursuant to the Provisions of paragraph 43 of
section 352 of The Municipal Act, R.S.O. 1970, c. 284,
the council of any municipality may pass by-laws for inter
alis, fixing the remuneration of and prescribing the duties
of its servants;
AND WHEREAS the Corporation of the Town of Pickering and
the C.U.P.E. Local No. 129 have agreed upon certain terms
and conditions respecting the remuneration of and duties
of the Town's servants;
NOW THEREFORE THE. COUNCIL OF THE CORPORATION OF THE TOWN
OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to
execute an Agreement in the form attached hereto
as Schedule 'A' between the Corporation of the
Town of Pickering and C.U.P.E. Local No.129 respect
ing the remuneration of and prescribing the duties
of the Town's servants from and after March 1,
1978.
2. The Mayor and Clerk are hereby further authorized
to execute a Letter of Understanding, in the
form attached hereto as Schedule 'B', between
the Corporation of the Town of Pickering and
C.U.P.E. Local No. 129, respecting the renewal
of and negotiation of certain provisions contained
in the agreement referred to in section 1.
BY-LAW read a first, second and third time and finally
passed this 8th day of August, 1978.
??-
yor
Clerk
SCHEDULE "A'
THIS AGREEMENT made as of the day of 1978
B E T W E E N:
THE CORPORATION OF THE
TOWN OF PICKERING
(Hereinafter referred to as "The Corporation")
OF THE FIRST PART
and
CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL NO. 129
(Hereinafter referred to as "The Union")
OF THE SECOND PART
ARTICLE 1
PURPOSE
1.1 The general purpose of this agreement is to establish
and maintain collective bargaining relations between
the Corporation and its employees, and to provide
machinery for the prompt and equitable disposition of
grievances, and to establish and maintain mutually
satisfactory working conditions, hours and wages for
all 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 inside and outside
staff save and except:
(a) Town Manager
(b) Department Heads
(c) Deputy Department Heads
(d) Administrative Assistant
(e) Confidential Secretaries to
(i) the Director of Parks & Recreation
(ii) the Director of Planning
(iii) the Solicitor
(iv) the Treasurer
(f) Senior Planners
(g) Works Supervisors
(h) Chief Plumbing Inspector
(i) Chief Building Inspector
(j) Senior Analyst - Treasury
(k) Works Centre Supervisor
(1) Temporary Employees
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SCOPE (Continued)
2.2 For the purpose of this Agreement, an employee is a
person whose employment has been approved by Council,
and is eligible for membership in the Union and the
work of such position is of a continuing-nature
necessary to the general operations of the Corporation.
2.3 For the purpose of this Agreement, a temporary employee
is a person employed:
-1. To replace a permanent employee who is temporarily
absent; or
2. On seasonal work; or
3. On work which is necessary to catch up on a back
log or overload of normal duties in a department,
provided however, a temporary employee will not
work in excess of 115 days in one calendar year
but such period may be extended by mutual agreement.
A working day is construed to mean for purposes of
this Article a minimum of 5 hours per day.
ARTICLE 3
NO DISCRIMINATION
3.1 The Parties agree that there shall be no discrimination,
interference, restriction or coercion exercised or
practised with respect to any employee by reason of age,
race, creed, colour, national origin, political or
religious affiliation, sex, nor by reason of his 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, transfer and suspend employees, and also
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CORPORATION'S RIGHTS (Continued)
5.1 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 has
been discharged or disciplined without reasonable cause,
may be the subject of a grievance and dealt with as
hereinafter provided.
5.2 The Union further recognizes the right of the Corpora-
tion to operate and manage 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 right and the Union
recognizes it to make and alter from time to time
reasonable rules and regulations to be observed by the
employees; such changes and general rules 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 Article
12:0 (Seniority) as contained herein.
5.4 The Corporation agrees not to exercise these rights in a
manner inconsistent with the terms of th is Agreement.
ARTICLE 6
UNION SECURITY
6.1 The Corporation recognizes t he Union as the exclusive
collective bargaining agent for the said employees.
6.2 It is agreed by the parties hereto that 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.
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UNION SECURITY (Continued)
6.3 It is further agreed that the Corporation will deduct
from the wages of each employee a sum equal to the
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 being responsible for keeping
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 Manager and his
Department Head within ten (10) working
days of the act or omission which is
the reason for the complaint or grievance
being made.
STEP 1 - The employee, assisted by a member
of the Union Committee, shall first
take the matter up with the Head of
the employee's department within the
first two (2) working days following
the filing of the complaint or grievance
with the Town Manager.
Failing settlement at this stage, the
employee may proceed to Step 2.
STEP 2 - The employee, assisted by a member of
the Union Committee, may take the matter
up with the Town Manager within the
first seven (7) working days following
the filing of the complaint or grievance.
Failing settlement at this stage the
employee may proceed to Step 3.
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GRIEVANCES (Continued)
7.1
STEP 3
- The employee, assisted by a member
of the Union Committee and/or 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 (12) working days following
the filing of the complaint or
grievance.
Failing settlement at this stage, the
employee may proceed to Arbitration.
7.2
STEP 4
ARBITRATION
- The Union may, on behalf of the
employee, refer the matter to arbitra-
tion provided it does so within ten
(10) working days after the date upon
which the Council or Committee rendered
its decision in Step 3.
Any decision given at any Step in the grievance procedure
must be given in writing.
ARTICLE 8
ARBITRATION
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, after 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 5 days inform the other Party of the
name of its appointee to the arbitration board. The
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ARBITRATION (Continued)
8.1 two appointees so selected shall proceed to appoint
a third person who shall be the chairman. If the
recipient of the notice fails to appoint an arbitrator,
or if the two appointees fail to agree upon a chairman
within 15 days the appointment shall be made by the
Ontario Labour Management Arbitration Commission upon
the request of either Party. 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 chairman governs.
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 modify, add to or detract from any provision
of this Agreement. Each of the Parties to this
Agreement will pay the fees and disbursements of
its appointee to the arbitration boards, and will
share equally the fees and disbursements of the
chairman.
ARTICLE 9
DISCHARGE AND DISCIPLINE CASES
9.1 In the event that an employee other than a probationary
employee is discharged' or disciplined and the employee
considers that an injustice has been done, the employee
may file a grievance pursuant 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 right to proceed directly
from the Preliminary Step to Step 2.
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DISCHARGE AND DISCIPLINE CASES (Continued)
9.2 where an employee's grievance against his discharge
or discipline duly comes before an arbitration board,
the board may make a ruling;
(i) confirming the Corporation's action, or
(ii) 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 his case), or
(iii) disposing of the grievance in any other
manner which may be just and equitable in
the opinion of the Board.
ARTICLE 10
MANAGEMENT GRIEVANCES
10.1 It is understood that the Corporation may bring forward
at any meeting with the Union Committee called by the
Corporation on not less than 2 days' notice any complaint
or grievance, and that if such complaint or grievance is
not settled to the mutual satisfaction of the conferring
parties, it may be referred to arbitration as set out
in Article 8.
ARTICLE 11
UNION COMMITTEE
11.1 The Corporation acknowledges the right
to appoint or otherwise select a Union
composed of not more than 4 employees,
from the office and clerical or inside
and 2 employees from the outside group
the purposes of this Agreement the two
to as the inside unit and the outside
11.2 The Union shall advise the Corporation
through the office of the Town Manager
serving on this Committee.
of the Union
Committee
being 2 employees
group of employees
of employees. For
groups are referred
snit, respectively.
in writing
of the employees
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UNION COMMITTEE (Continued)
11.3 The Union acknowledges that the employees on the Union
Committee 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 permission of their supervisor or head of their
respective departments, and on the completion of Union
duties shall report back to him, or to any job to which
he has previously directed them, and give any 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, such employees
will be compensated by the Corporation to the extent
of their regular pay for such time spent in dealing
with matters arising out of this Agreement provided
the matter cannot be dealt with outside of regular
working hours.
11.6 Compensation will not be allowed for time spent
outside of the employee's regular working hours,
and the Corporation reserves the right to withhold
payment if the Union Committee 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.
ARTICLE 12
SENIORITY
12.1 Seniority will be based upon the length of service
with the Corporation, running continuously (excluding
unpaid leaves of absence as defined in Article 16.6)
from the date of last hiring. Promotions, lay-offs,
recalls and transfers will be based upon the length
of service of an employee in either the inside unit
or the outside unit, provided that the employee with
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SENIORITY (Continued)
12.1 the greatest length of service in his unit has the
qualifications to perform the requirements of the
job.
12.2 "Promotion" in this Agreement shall mean transfer to
an occupational classification carrying a higher rate
of pay in an employee's unit. The Secretary of the
Local Union will be advised as to transfers or
promotions within the two units.
12.3 The Corporation will maintain a seniority list showing,
with respect to each employee, the date of his last
hiring and his job classification. A seniority list
will be prepared and maintained in two sections, one
section with respect to employees in the inside unit
and the other section with respect to employees in
the outside unit.
12.4 The seniority lists will be prepared by the Corporation
and posted up on the 2nd day of January and July of
each year. Copies of the applicable sections of the
seniority list will be posted up in the unit to which
they relate.
12.5 The Corporation will supply the Union with a copy of
each seniority list and will supply extra copies to
officers of the Union on request, to the extent that
extra copies may be available from time to time.
12.6 An employee shall continue to acquire seniority if
he is absent from work for the following reasons and
for the periods of time shown:
(a) Compensable illness or accident for a period
of one year, after which time the Corporation
may review a particular case to determine his
suitability for further employment.
(b) Non-compensable illness or accident which
exists for the duration of one year or less.
If such reason exists longer than one year,
an employee shall not continue to acquire
seniority for absence beyond that time.
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SENIORITY (Continued)
12.6 (c) service in the active Armed Forces during a
time of war as declared by the Government
of Canada, provided he returns to work
immediately following discharge.
(d) Jury duty.
(e) Subject to the provisions of Article 16,
(i) leave of absence with pay;
(ii) any other special case approved by
the Town Manager.
12.7 When a new employee is hired, he shall be on probation
for a period of 90 days during which time he shall not
be covered by any of the terms of this Agreement except
in the wage rate classification and as provided in
Articles 19, 21, 26 and 29.
12.8 An employee other than a temporary employee as defined
in Article 2.3 retained past the 90 day probationary
period and whose employment has been approved by
Council shall be deemed to have acquired seniority
and his name shall be placed on the seniority list,
and he shall be credited with seniority from the date
of his last hiring, all in accordance with Articles
12.1 and 12.2
ARTICLE 13
LOSS OF SENIORITY
13.1 Seniority rights and an employee's employment shall
be terminated if:
(a) he leaves of his own accord;
(b) he is discharged, and such discharge is not
reversed through the grievance or arbitration
procedure;
(c) he is laid off continuously for a period of
more than 10 months;
(d) he has been laid off and fails to return without
justification within 5 working days after he has
been notified to do so by the Corporation through
registered mail addressed to his last address on
record with the Corporation;
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LOSS OF SENIORITY (Continued)
13.1 (e) he retires or is retired at normal retirement
age.
ARTICLE 14
JOB POSTING
14.1 When any of the occupational classifications mentioned
in schedules "A" and "B" of this Agreement become vacant,
or any new positions of a permanent nature are created,
notice thereof shall be posted up for a period of 5
working days in all departments in the unit in which the
vacancy or the new position occurs. Any such notice
shall contain the nature of the position, the qualifications
required, the wage or salary rate and any other relevant
information.
14.2 An employee in the unit for which the vacancy is posted
who wishes to be considered to fill it, shall submit
his written application to the official of the Corpora-
tion named in the notice within and not after 5 working
days of the posting up of such notice, setting forth
his qualifications.
14.3 When 2 or more employees make application for any such
posted vacancy the provisions of Article 12.1 shall
apply.
14.4 If there is a successful applicant for the position so
posted he will be considered to be on a trial period
in his new position for a period of 3 calendar months.
At any time after the successful completion of his
trial period the employee shall have the right to apply
in writing to the Corporation for permanent classification
in such new position and unless the Corporation shall,
within 5 working days of receipt of such written request,
refuse such re-classification, then the employee shall
be deemed to be re-classified in such new position. In
the event that an employee's application for transfer
is accepted by the Corporation he shall forfeit his
right to his former position.
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JOB POSTING (Continued)
14.5 If there is no applicant or no successful applicant
for the position so posted from the bargaining unit,
the Corporation may fill such position from outside
sources, provided they advise the Union of their
intent to do so. It is agreed that the municipality
will not advertise such position until applicants
from the bargaining unit are advised of the Town's
decision.
14.6 Where new positions, within the bargaining unit, are
created or current positions re-classified, the
Corporation will advise the Union in advance of the
nature of the position and the proposed wage or
salary scale, commensurate with the required qualifica-
tions.
14.7 Any employee who has become unable to handle his
customary work to advantage, owing to age or other
infirmity, shall be given preference for any available
work within his capabilities, at not less than the
basic rate of pay for that classification to which
he has been transferred, providing he does not
replace another employee.
14.8 The Union shall be notified in writing when new
appointments, promotions, hirings, lay-offs, rehirings
and terminations in the bargaining unit are to be
considered by the Town Manager and,shall have an
opportunity to make representations thereto.
14.9 Under this Article, all correspondence shall be
forwarded to the Secretary of the Union.
ARTICLE 15
TRANSFERS TO SUPERVISORY POSITIONS
15.1 If an employee is, or has been transferred to a
supervisory position which is not subject to the
provisions of this Agreement, he shall retain his
previous seniority, and continue to accrue seniority
for a further period of one year. If he is trans-
ferred back within such period to a position subject
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TRANSFERS TO SUPERVISORY POSITIONS (Continued)
15.1 to the provisions of the Agreement, he shall carry
his accumulated seniority with him.
ARTICLE 16
LEAVE OF ABSENCE
16.1 The Corporation may grant leave of absence, without
pay to any employee requesting such leave for good
and sufficient cause.
16.2 The Head of a Department may grant leave of absence
with pay to an. employee upon any special grounds and
the period of any such leave of absence shall be
charged against the employee's sick leave credits.
All such requests shall be communicated to the
Town Manager.
16.3 The Corporation may grant leave of absence for a maximum
of one year to any employee who requests such a leave by
reason of his election or appointment as an officer of
the Union, without pay and without loss of seniority or
occupational classification, save as hereinafter set out.
16.4 Leave of absence, without pay or 1 ss of seniority, for
attendance at Union Conventions will be granted to not
more than 2 employees for a period not to exceed 16 days
in any one year.
16.5 All requests for leave of absence shall be in writing.
16.6 An employee may only accumulate seniority during the
first 3 months of a granted leave of absence under
any paragraph of this Article.
16.7 When an employee is summoned for jury duty or subpoenaed
as a Court witness, he shall not suffer any loss of salary
or wages while so serving, provided that the Corporation
shall be obliged to pay only the difference between such
employee's compensation as a juror or his witness fee and
conduct money as a witness and the salary or wages which
he would otherwise have earned had he worked the regular
working day involved.
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ARTICLE 17
OUTSIDE UNIT - TOOLS, EQUIPMENT AND CLOTHING
17.1 When it is necessary for employees in the outside unit
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.
17.2 The Corporation will provide employees in the outside
unit with such tools and equipment as are necessary
to carry out the work of the Corporation.
17.3 It is understood that the above tools, equipment and
clothing are the property of the Corporation and are
not to be removed from the Town property without
permission from the employee's supervisor outside the
bargaining unit.
17.4 The Corporation agrees to pay in each Contract year the
full cost of the following clothing for all employees
in the outside unit not presently supplied with uniforms.
Clothing to be available by May 31st of each year:
2 pair coveralls
2 pair trousers
2 shirts
17.5 The Corporation shall re-imburse each employee required
by law to wear safety boots in the performance of his
duties for the cost of one pair of such boots per year
provided that:
(1) the boots are approved by the Corporation for
use as safety boots;
(2) the employee submits a receipt for the purchase
of the boots;
(3) the amount to be re-imbursed to the employee by
the Corporation shall not exceed $32.00.
17.6 The Corporation agrees to provide a $150.00 per annum
tool allowance for all Licenced Mechanics classified
as such under this Agreement.
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ARTICLE 18
FIRST-AID KITS AND SAFETY
18.1 First-Aid Kits and Fire Extinguishers will be supplied
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.
18.2 It is mutually agreed that both parties will co-operate
to the fullest extent in the prevention of accidents,
and with such promotion of safety and health as is
deemed necessary.
18.3 A Safety and Health Committee shall be established and
composed of not more than three representatives
appointed by the Employer, and three representatives
appointed by the Union.
18.4 The Safety and Health 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 minutes of all Committee meetings shall be
sent to the Employer and to the Union.
ARTICLE 19
SICK LEAVE
19.1 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 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.
19.2 When an employee is injured at work and in receipt of
Workmen's Compensation in lieu of his regular pay, the
Corporation will make up the difference between such
compensation and his regular pay 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.
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SICK LEAVE (Continued)
19.3 On retirement or separation an employee shall be
entitled to an amount equal to his salary, wages or
other remuneration for one-half the number of days
of accumulated sick leave standing to his credit under
Article 19.1 up to a maximum of an amount equal to
one-half year's earnings at the rate received by the
employee immediately prior to termination of employ-
ment; provided that the employee has completed 3 years
of service with the Corporation, immediately prior to
the termination of employment.
19.4 In the event an employee dies, his estate shall be
entitled to be paid an amount equal to his accumulated
sick leave credits as though he had retired or been
separated from the Corporation's service and Article
19.3 shall apply in ascertaining the entitlement to
and the amount of such payment.
ARTICLE 20
BEREAVEMENT LEAVE
20.1 An employee shall be allowed up to 3 days off with
pay at the time of death, when a death occurs in
his immediate family, which shall mean father, mother,
father-in-law, mother-in-law, sister, brother, spouse,
child, or other relative living with the employee.
ARTICLE 21
PAID HOLIDAYS
21.1 a) The holidays shown below shall be recognized as
holidays for which the employee shall be paid,
in the case of an employee in the outside unit,
a sum equal to his current hourly rate for the
number of hours he would regularly have worked,
and in the case of an employee in the inside unit,
a sum equal to his daily current salary. In order
to qualify for holiday pay an employee shall work
his regularly assigned hours of work on the day
immediately prior to and on the day immediately
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PAID HOLIDAYS (Continued)
21.1 following the holiday (or the day on which the
holiday is observed, as the case may be) and work
on the holiday if he is scheduled to work. If
an employee is absent on any of such days by
reason of illness which is verified by a doctor's
certificate he shall not lose his pay for the
holiday. In the event that an employee is on an
approved paid leave of absence, regular vacation
or approved bereavement leave he shall not lose
his pay for the holiday.
b) The said holidays are as follows:
New year's Day Good Friday
Victoria Day Easter Monday
Civic Holiday Dominion Day
Thanksgiving Day Labour Day
Boxing Day Christmas Day
h day on Christmas Eve
? day of New Year's Eve
and any other day proclaimed as a National or Provincial
Holiday by the Federal or Ontario Governments.
c) If one of the said holidays falls on a Saturday or
Sunday it will be observed on the preceding Friday
or the following Monday.
21.2 A probationary employee will be eligible for the paid
holidays mentioned in this Article after he has completed
30 days of service.
21.3 An employee who is required to work on any of the above
paid holidays will, in addition to the holiday pay, be
paid at one and one-half times his regular hourly rate
for all hours actually worked.
21.4 If one of the said holidays falls or is observed during
the employee's vacation period, he shall be granted
another day off with pay in lieu thereof.
21.5 An employee actually attending Remembrance Day services
shall be granted 4 hours off with pay, except when
Remembrance Day falls on a Saturday or Sunday.
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ARTICLE 22
VACATIONS
22.1 An employee who has completed the years of seniority
(within the meaning of Article 12.1) shown below on the
30th day of September in any year shall be entitled to
the corresponding vacation with pay:
Years of Seniority
Less than one year
one (1) year but less than
four (4) years
Four (4) years but less than
twelve (12) years
Twelve (12) years but less
than twenty (20) years
Twenty (20) years but less
than thirty (30) years
Thirty (30) years or more
Lenqth of Vacation with Pa
One (1) day for each
completed month of service,
to a maximum of ten (10)
days
Ten (10) working days
Fifteen (15) working days
Twenty (20) working days
Twenty-five (25) working
days
Thirty (30) working days
22.2 The Corporation agrees to post a vacation schedule in
advance of June lst, 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 dates shall be given to
employees with the greatest seniority.
22.3 vacations are to be taken during the year in which
they are earned, but if an employee is entitled to
more than ten (10) working days vacation and desires to
take his extra vacation allowance at a later date, during
the current year, such time off shall be by mutual
agreement between the parties.
ARTICLE 23
RELIEVING IN OTHER GRADES
23.1 When an employee in the outside unit is detailed to
relieve in a position of higher rating for more than
4 consecutive hours, he shall receive the rate for
the position for which he is relieving for the full
period of the relief.
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RELIEVING IN OTHER GRADES (Continued)
23.2 When an employee in the outside unit is detailed to
relieve in a position of lower rating for any period
he shall maintain his regular rate of pay.
22.3 In the event that an employee in the inside unit is
requested to relieve in a position carrying a higher
rate of salary than that to which he is presently
classified, beyond a period of three weeks, the
employee will be paid an additional sum equivalent
to 50% of the difference between the rate which he
is presently being paid and that being paid to the
employee for whom he is relieving.
ARTICLE 24
CONTRACTING OUT WORK
24.1 No work in job categories covered by this Agreement
shall be contracted out at the expense of present
employees being laid off.
ARTICLE 25
RETROACTIVE FEATURE
25.1 Any agreement between the parties with respect to any
adjustment, wages or salary shall be retroactive to
the effective date of this agreement.
ARTICLE 26
WELFARE
26.1 The Corporation shall pay 100% of the premium cost
of the following:
(a) Ontario Health Insurance Plan
(b) Life Insurance Plan to a value of twice
the employee's annual earnings to the
nearest $500.00 of annual salary to a
maximum of $40,000.00.
(c) 35C Deductible Blue Cross Prescription Drug Plan
(d) Blue Cross Semi-Private
/...20
-20-
WELFARE (Continued)
26.2 The Corporation shall make contributions, on behalf
of each participating employee, to the OMERS Basic
pension plan in amounts required by the Board of OMERS
from time to time.
ARTICLE 27
COMMUNICATIONS
27.1 Except where provided elsewhere in this Agreement, 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.
ARTICLE 28
JOB CLASSIFICATION
28.1 When the Union or Management is of the opinion that an
individual is incorrectly classified or when changes
are made in duties and responsibilities of a position
or a new position is created, then the Union and Corpora-
tion shall negotiate a rate of pay.
28.2 A Job Evaluation Committee shall be established
consisting of the Town Manager, a Town appointee and
an appointee from the Union. This Committee will con-
sider all requests for reevaluation of existing positions
and the value to be attached to new positions created
within the bargaining unit.
28.3 The Union agrees to notify the Corporation in writing
of its appointee to this Committee by March of each
year. It is agreed that each member of the Committee
will serve a minimum of one year in the interest of
continuity.
ARTICLE 29
SCHEDULES
29.1 Attached hereto and forming part of this Agreement
are the following:
Schedule "A" - Outside Unit, Job Classifications,
Rates of Pay, Hours of Work and
Working Conditions.
/...21
- 21 -
SCHEDULES (Continued)
29.1 Schedule "B" - Inside Unit, Job Classifications,
Rates of Pay, Hours of Work and
Working Conditions.
ARTICLE 30
COPIES OF AGREEMENT
30.1 The-Corporation agrees to continue its present practice
of printing the Collective Agreement in booklet form
with one copy to be given to each member of the
collective bargaining unit and 50 copies given to the
Recording Secretary of Local 129.
ARTICLE 31
TERM OF AGREEMENT
31.1 This Agreement will be for a term of 12 months com-
mencing on the 1st day of March, 1978 and ending on
the last day of February, 1979, and from year to year
thereafter unless either party gives notice in writ-
ing not more than 90 days prior to the expiration
date in any year of its desire to amend same.
ARTICLE 32
INTERPRETATION
32.1 In this Agreement, where the context or circum-
stances 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 and phrases shall be construed
accordingly.
THE CORPORATION OF THE TOWN CANADIAN UNION OF PUBLIC EMPLOYEES
OF PICKERING LOCAL NO. 129
SCHEDULE "A" - OUTSIDE EMPLOYEES
CLASSIFICATION 1978 RATE
1. Working Foreman (Roads) $8.14/hour
2. Working Foreman (Sanitation) 7.52/hour
3. Mechanic 7.43/hour
4. Working Foreman (Arena) (Pool) 7.30/hour
5. Gradall Swing Shovel Operator 7:25/hour
6. Working Foreman (Parks) 7.16/hour
7. Construction Inspector 7.10/hour
8. Heavy Equipment Operator -
Grader 6.78/hour
9. Arena Maintenance 6.70/hour
Pool Maintenance 6.70/hour
10. Lead Hand 6.69/hour
11. Garbage Handler 6.64/hour
12. Parks & Recreation Maintenance 6.53/hour
13. Street Sweeper Operator 6.46/hour
14. Bus Dispatcher 6.41/hour
15. Heavy Equipment Operator
(Power Shovel) 6.38/hour
16. Construction Inspector -
(1st 90 days) 6.38/hour
17. Stores Clerk 6.35/hour
18. Light Machinery Operator 6.24/hour
Bus and Truck Driver 6.24/hour
19. Community Centre Custodian 6.15/hour
20. Vehicle Serviceman 5.99/hour
Labourer 5.99/hour
21. Assistant Stores Clerk 5.89/hour
22. Temporary Labourer 5.56/hour
SCHEDULE "A" Continued
A.1 It is understood that employees in any of the foregoing
classifications will do labour or maintenance work when
required.
A.2 The Department Heads controlling the Public Works
Department and Parks and Recreation Department shall be
entitled to designate one or more night duty men from
time to time from the bargaining unit and to specify
the hours of a nightly working period to be no longer
than 8 hours. Such designation for any given employee
shall cover a minimum period of one week and may start
Sunday evening and run through to Friday morning pro-
vided that such designation for any given employee shall
not cover a period of longer than 7 days in any given
consecutive period and such maximum of 7 days and shall
be alternated with at least one week of work for such
employee on the regular daytime hours.
Any employee so designated shall be paid at his existing
rate plus a premium of 15C per hour for time worked in
such night position.
A.3 (1) The following staff members in the Outside Unit
will work Monday to Friday five days per week,
with one hour for lunch. The normal shift for
each department is as follows but may include
any shifts set out by their responsible Department
Head.
Sanitation Department 7 a.m. to 4 p.m.
Roads Department 7 a.m. to 4 p.m.
Parks Department 8 a.m. to 5 p.m.
(2) The following staff members in the Outside Unit
will work five days per week, with one hour for
lunch. The normal shift for each department is
as follows but may include any shifts set out by
the responsible Department Head.
Transit Drivers
In accordance with Transit
schedules which may vary
from time to time as
Transit schedules are
revised.
Arena Staff
8 a. m. to 4 p.m.
4 p.m. to 12 a.m.
12 a.m. to 8 a.m.
Swimming Pool Staff 9 a.m. to 5 p.m.
1 a.m. to 9 a.m.
Due to the nature of their job, employees in the
Arena and Swimming Pool are paid for their lunch
hour and are to be available for work during this
time.
(3) Employees working a.shift other than the regular day
shift as defined A.3(1) or any other normal day shift
set out by their responsible Department Head will be paid
a premium of 15C per hour for each shift so worked.
A.4 Overtime premium pay pursuant to authorization by the
Department Head shall be paid for all hours worked in
excess of eight (8) in a twenty-four (24) hour period
commencing at an employee's starting time. No employee
shall be laid off any time of his regular shift in order
to avoid paying premium pay under this clause.
If an employee is required to work on Sunday or a
seventh consecutive day, he will be paid at double time.
SCHEDULE "A" Continued
When employees are called out in an emergency, they will
not receive less than 4 hours pay at overtime rates,
except that more than one call within 2 hours of any
other call shall be considered continuous.
A.5 It is mutually agreed that the Corporation may hire
temporary help as defined in 2.3 for special work
projects, or in any emergency requiring additional help.
The rate of pay for a casual or temporary employee shall
be the starting rate according to the Wage Schedules
annexed to this Agreement and no such employee shall be
covered by any of the other terms and conditions of this
Agreement nor the said Schedules nor become a probationary
employee. A casual or temporary employee will, at the time
that he is engaged, be informed that he is hired on a
temporary or casual basis only.
A.6 It is agreed that every employee shall be on the job and
ready to work at the specified starting time for each
working period.
Any employee who is unable to report to work at the normal
starting time shall notify the Foreman or supervisor
at the earliest reasonable time.
A.7 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.8 The regular pay period shall be every 2 weeks. The
Corporation agrees to put the pay cheques of the individual
employees in a sealed envelope.
A.9 Employees requested by the Corporation to use their
automobile on the business of the Corporation shall
be paid 22C per mile or 14t per kilometer for distance
travelled on such business.
A.10 The Corporation will allow break periods on the basis of one
(1) 15 minute period for each half of the normal working day.
A.11 Any employee required to be on stand-by duty will be
paid on the basis of $5.28 per day of stand-by in addition to
whatever hours he might have to work. An employee accepting
stand-by duty must be available at all times during such duty
for callout and any breach of this provision is to be treated
as a matter of discipline.
SCHEDULE "B" - INSIDE EMPLOYEES
The parties agree to the following classifications in the
relevant departments.
SALARY
GRADE POINT VALUE POSITIONS
1. 85- 95 Clerk-Typist
2. 100-110 Receptionist-Typist
Cashier
Junior Survey Technician
Clerk II - Accounts Payable
Bookkeeper-Typist
Machine Operator II
Clerk-Steno
3. 115-125 Machine Operator I
Clerk (works Centre)
4. 130-140 By-law Secretary
Public Works Secretary
Intermediate Accounting Clerk
Acquatics Leader
Senior Survey Technician
5. 145-155 Planning Draftsman
Building and Plumbing Clerk
Committee of Adjustment
Secretary
Payroll Clerk
Senior Machine Operator
Youth Leader
Sports Leader
6. 160-170 Senior Accounting Clerk (2)
Planning Assistant (Long Range)
7. 175-185
8. 190-200 Information Assistant
(Planning)
Design Draftsman
Planning Assistant
(Implementation)
Administration Supervisor
Audit Accountant
9. 205-215 Facility Co-ordinator
Community Activity Co-ordinator
Community Arts and Sports
Co-ordinator
Buyer
10. 220-235 By-law Officer
Building Inspector
Plumbing Inspector
Construction and Survey
Supervisor
11. 240-265 Planner - Implementation
Planner - Long Range
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SCHEDULE "B"
B.l (a) All employees shall work eight hours per day with
one hour for lunch 5 days per week, Monday to
Friday. As the Municipal Building is open from
8:30 a.m. to 5:00 p.m. the decision as to whether
an employee starts at 8:30 a.m. or 9:00 a.m.
rests solely with the individual Department Head
whose decision is final.
Employees falling within the following categories
will continue to work the shifts set out by their
Department Head, providing such shifts will not
exceed 40 hours per week:
Aquatics Leader
Sports Leader '
Youth Leader
Co-ordinators of
(i) Arts & Sports
(ii) Community Facilities
(iii) Community Programs
B.1 (b) The Corporation will allow break periods on the basis
of one (1) 15 minute period for each half of the
normal work day on the understanding that such period
of time represents the maximum time that the employee
will be away from his or her work station for this
purpose.
B.2 Any hours worked over and above the regular work day pursuant
to authorization by Department Head shall be considered as
overtime and paid for at the rate of time and one-half for
every hour worked. The hourly rate to be arrived at by
dividing weekly wage of each employee by number of hours
worked in a normal 35 hour (or 40 hour, for Aquatics,
Sports and Youth Leader, and Co-ordinators of Arts and
Sports, Community Facilities and Community Programs) work
week.
B.3 If an employee other than an employee on shift work, is
required to work on Sunday he will be paid at double time.
It is mutually agreed, that the Corporation may hire
temporary help for special work projects, or in any
emergency requiring additional help, it being understood
that persons so employed for such work will be advised
that they are engaged on a temporary basis only.
B.4 It is agreed that every employee shall be on the job and
ready to work at the specified starting time for each
working period.
Any employee who is unable to report to work at the normal
starting time shall notify the 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 regular pay period shall be every 2 weeks. The
Corporation agrees to put the pay cheque of the individual
employee in a sealed envelope.
B.7 Employees requested by the Corporation to use their
automobile on the business of the Corporation shall
be paid 22C per mile or 14C per kilometer for distance
travelled on such business.
SCHEDULE "B" Continued
B.8 The movement of an employee from one level to the next
level of his or her range will be determined by the
anniversary date of his or her years of service in the
particular job category in which he or she is placed.
Subject to the specific approval of the incumbent's
Department Head, an employee will be considered for
advancement from one level to another every 12 months,
except in the instance of an employee in the minimum
salary grade, where the review period will be 6 months.
In the event that the Department Head withholds approval
to a salary adjustment on the employees anniversary date,
the reason shall be stated in writing to the employee by
the Department Head.
SCHEDULE 'B'
August 8th 1978
Canadian Union of Public Employees
Local 129, Town of Pickering.
Attention: Mr. M. Laskowski
Secretary
Dear Sir,
Re: Letter of Understanding relating to
Union Contract for 1978/79
During the Negotiating Meeting of April 26th 1978
it was agreed that a Letter of Understanding would be
exchanged between the parties wherein they would agree to
a one year agreement from March 1st 1978 to February 28th
1979, with an option to renew the aforementioned agreement
for a further year. This renewal will incorporate all
of the agreed conditions contained within the aforementioned
agreement, subject to further negotiation on the following
items, after March 1st 1979, with all adjustments retro-
active to that date:
Article 2.2
2.3 Scope
Article 17 Tools, Equipment and Clothing
Article 21 Paid Holidays
Article 22 Vacations
Article 26 Welfare
Schedules A & B Wages
Schedule A.3 (3) Shift Premium
Schedule A.9 &
B.7 Travel Allowance
Continued ...... 2
-2-
In addition, notwithstanding the provisions of
Schedule B.8, the Town agrees that all staff members
covered by Schedule B will be reviewed for purposes of
a merit increase, effective July 15th 1978 and such review
will be completed by September 1st 1978.
Please confirm that the above sets out the
Understanding that was arrived at during the meeting
referred to by having your officers sign the accompanying
copy of this letter. Please return that copy to the
Town Manager at your earliest convenience.
CORPORATION OF THE TOWN OF PICKERING
Mayor
Clerk
This is to confirm that the contents of this
Letter of Understanding accurately reflect the intention
of the Union that was arrived at during the above-mentioned
meeting.
CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 129, TOWN OF PICKERING.