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HomeMy WebLinkAboutBy-law 2924/64A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF PICKERING TO AUTHORIZE THE SIGNING OF THE INSIDE UNION AGREEMENT. BE IT ENACTED by the Municipal Council of the Township of Picketing THAT the Reeve and Clerk be and they are hereby authorized To sign the Inside Union Agreement as presented To This Council This 13th day of OcTober, 19Bq. BY-LAW read a First and Second time this /~ day of ~g 196q BY-LAW read a Third Time and PASSED this ~day of _~lPBq A.. G..R E E M E N T BETWEEN: THE CORPORATION OF THE TOWNSHIP OF PICKERING (hereinafter referred to as "The Corporation") OF THE FIRST PART - and - CANADIAN UNION OF PUBLIC EMPLOYEES, AND LOCAL #129 (hereinafter referred to as "the Union") OF THE SECOND PART ARTICLE 1 PURPOSE 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 The Corporation recognizes the Union as the exclusive barg- aiming agent for all of its office and clerical employees, save and except Township Clerk, Treasurer, Planning Director~ Welfare Admin- istrator, By-law Enforcement Officer, Engineer, any Department Head as may be designated by Council, and persons regularly employed for not more than twenty-four (24) hours per week, The word employee hereinaftem shall mean an employee within the scope of the bargaining unit so defined. ARTICLE 3 - NO DISCRIMINATION The Corpomation agrees that there will he no discrimination, interference~ restriction or coercion exercised or practised by any of its representatives. ARTICLE ~ - NO COERCION The Union agrees that there will be no intimidation, inter- ference, restriction or coercion exercised or practised on employees of the Corporation by any of its members or representatives. ARTICLE 5 - NO STRIKES OR LOCK-OUTS The parties agree that there will be no strikes or lock-outs during the term of this agreement; strikes and lock-outs to be defined as set out in the Ontario Labour Relations Act, Section 1 (g) and (i). ARTICLE $ - CORPORATION'S R~GHTS The Union agrees that the Corporation has the right to manage its affairs, to direct its forces and to hire, promote~ demote, trans- fer, lay-off, and the right to discharge, suspend and discipline employees for just cause. The Corporation agrees that these functions ~hall be executed in a manner consistent with the general purpose and intent of this Agreement and subject to the right of the employee to lodge a grievance as set out herein. 2 ARTICLE 7 -.UNION...SEC~RITY The Corporation recognizes the Union as the exclusive coll- ective Bargaining Agent for the said employees for the duration of this Agreement. It is agreed by the parties hereto, that all employees eligible to be in the Union who have completed the probation period will be r~quired 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. 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 Treasurer of the Union, accom- panied by a list of names showing those from whom deductions were made; the Union being responsible for keeping the Corporation informed in w~iting as to the names and addresses of the proper officers. ARTICLE 8 - GRIEVANCE PROCEDURE Complaints and grievances of employees shall be dealt with in the following manner, and all grievances must be in writing and filed within ten (10) days of the alleged grievance: Ste~ No. 1 The employee, assisted by a member of the Union Committee, shall first take the matter up with the Superintendent or head of his own department. Failing settlement at this sta~e, within two working days of the filing of grievance the employee may immediately proceed to Step No. 2, provided he does so within five (5) further working days. Step No. 2 The employee, assisted by a member of the Union Committee, may take the matter up with the Chairman of the Committee of Council respect- ively having jurisdiction over such employee's respective department. If satisfactory settlement cannot be reached within two working days of the filing of grievance, the employee may immediately proceed to Step No. 3, provided he does so within five (5) further working days. St~.p No. 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 at which time any or all of the people concerned may be present. Failing a settlement at this level within fourteen (14) days of the filing of the grievance with Council, the matter may then be referred to Arbitration. Any decisions Peached between the parties must be given in writins at all steps by both parties. ARTICLE 9 - ARBITRATION It is agreed by the parties that any difference of opinion relating to the interpretation, application or administration of this Agreement which cannot be settled after exhausting the grievance pro- cedure will be settled by arbitration as defined in Section 34, sub-. section (2) of the Ontario Labour Relations Act. The parties agree that the fee of the chairman and other expenses shall be borne equally. The fee of the nominees shall be borne by their respective parties. $ ARTICLE 10 - MANAGEMENT GRIEVANCES It is understood that The Corporation may bring forward at any meeting with the Union Committee called by the Corporation on not less than two (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 refermed to arbitration as set out in the arbitration provisions. ARTICLE 11 - UNION COMMITTEE (a) The Corporation acknowledges the right of The Union To appoint or otherwise select a Union Committee composed of not more than two (2) employees who must be members of the bargaining unit and will recognize and deal with The said Committee with respect to any matter which properly arises from time to time during the term of this Agreement, including grievances and the negotiating of The new Collective Agreement. (b) The Union shall advise the Corporation in writing of the personnel serving on this Committee. (c) 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 ohtalnlng the permission of the Superintendent or head of their respective departments, and on the completion of Union duties shall report hack 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. (d) It is understood that such pe~mlssion shall not be unreason- ably withheld, (e) 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. (f) 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 con- sumed in dealing with such matters. ARTICLE 12 - SENIORITY (a) Seniority will be recognized and will be based on the length of service of The employee with The Corporation running continuously (excluding vacations, sick leaves and leaves of absence), from the date of last hiring, provided a reasonable equality exists with respect to merit, ability, skill and efficiency. (b) Se~orit~ Lis3. Accordingly, the Corporation will maintain a seniority list showing The date of commencement of service of each employee affected by this Agreement. Any employee may request information from The Corporation relative to his own seniority, Any officer of the Union will be supplied with a copy of the seniority list or with the necessary information relative To seniority. Such seniority list shall be revised and posted on January 2nd, of each year, and a copy filed with The Union, (c) Se~iorit~ Durin$ A~sence An employee shall continue to acquire seniority if he is absent from work for the following reasons, and for the period of time where applicable: - ~ - Compensable illness or accident. Non compensable illness or accident which exists fo~ the duration of one year om less. If such reason exists longer than one year, an employee shall not continue to acquire seniority fo~ absence beyond that time. Service in the active Ammed Forces during a time of war as declared by the Government of Canada, provided he returns to work immediately following ~. Leave of Absence with pay, 5, Any other special case approved by Council. (d) ~robationary Employees When a new employee is hired he shall be on p~obation for a period of ninety (90) days during which time he shall not be subject to the terms of this agreement except in the wage rate classification or as specifically provided elsewhere in this Agreement. ARTICLE 1~ - LOSS OF SENIORITY Seniority rights and an employee's employment shall be terminated (a) He leaves of his own accord; (b) He is discharged, and such discharge is not reversed through the grievance procedu~e~ (c) He is laid off continuously fo~ e period of more Than ten (10) months; (d) He has been laid off and fails to meturn without justificatio~ within five (5) working days after he has been notified to do so by the Co,Donation through registered mall addressed to his las~ addmess on record with the Corporation. ARTICLE 15 - JOB POSTING (a) Notice of Vpcancie.s When vacam~ies occur o~ new positions of a permanent nature ame cmeated ~n any department, notice thereof, shall be forwarded to all departments a~d to the Secretary of the Union at least one (1) week prio~ to an appointment being made thereto, such notice shall contain the following info~mation~ nature of position, .knowledge, education, ability and skills ~equ~red, and wage or salary rate, and any me!evant information. Provided, however, that tempomaPy appoint- ments may be made to fill said vacancies fo~ a period not exceedin§ 3 months. (b) S~$ectio? of Candidates In making staff changes~ appointment shall be made of the applicant senior with the ability to perform the normal requirement of the job. The successful applicant will be placed on probation fo~ a period of six months. Conditional on satisfactory service, such pmobationary appointment shall be permanent after the pemiod of six months, In the event the successful applicant pmoves unsatisfactory in the position duping the aforementioned t~ial pemiod, he shall be metumned to his former position without loss of seniority and at the salary he received in his fo~me~ position. Any employee promoted or transfeTred because of the re-arrangement of positions, shall also be - 5 - returned to his former position at the salary he received for that position and without loss of seniority. Council may retain the services of other personnel only if Council has observed the provisions of this Agreement. (c) New. Ppsitigns Where new positions, within the bargaining unit, are created or current positions reclassified, the Corporation will advise the Union in advance of the nature of the position and the proposed wage or salary scale, commensurate with ability and experience. (d) Employees Unable to Handle Customary Work 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. (e) Union Notification of Staff Chanses The Union shall be notified in writing when new appointments, promotions, hirings, layoffs, rehirings and terminations in the bargaining unit are to be considered by the Finance Committee of Council, and shall have an opportunity to make representations thereto. (f) Ail correspondence shall be forwarded to the secretary of the Union under this Article. ARTICLE 16 - TRANSFERS TO SUPERVISORY POSITIONS 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 bis previous seniority, and continue to accrue seniority for a further period of one (1) year. If transferred back to a position subject to the provisions of the Agreement, he shall carry his accumulated seniority with him. ARTICLE 17 - LEAVE OF ABSENCE (a) The head of the department may grant leave of absence with pay, subject to the approval of Council, upon any special grounds to an employee and the period of leave of absence shall be charged against the sick credits of the employee. (b) The Corporation may grant leave of absence for a maximum of one (1) 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, (c) Leave of absence, without pay or loss of seniority, for attendance at Union Conventions will be granted to not more than one (1) employee for a period not to exceed sixteen (16) days in any one year, (d) All leaves of absence shall be in writing. (e) An employee may only accumulate seniority during the first three (3) months of a granted leave of absence under any paragraph of this article. (f) 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. ARTICLE 18 SICK PAY ALLOWANCES (a) The Township shall establish a system of sick leave credits under which an employee shall be entitled to a credit of one and one-half days for each month of regular attendance. (b) The credits shall be cumulative (e) The credits shall be entered into a register to be maintained by the Treasurer. (d) No credits shall be given to an employee in any month who is absent from duty in that month; 1. For more than six (6) days for any reason other than vacation leave of absence. 2. Without leave of absence. (e) An employee shall not be granted any sick leave credits or any fringe benefits until he has completed three months continuous employ- ment with the Township of Picketing. (f) No employee shall receive pay for absence caused by sickness, in excess of his accumulated credits. (g) Payment for sick leave shall be made at the prevailing rate in effect during the absmnce ~ th~ =mp~myee. For those employees engaged on a salary basis, the salary shall be continued u~til the employee has exhausted his accumulated credits. (h) After three (3) days absence caused by sickness no leave with pay shall be allowed unless a certificate of duly qualified medical practitioner is forwamded to tho head of the employee's department certifying the inability of the employee to attend to his or her official duties. The head of the department or Council may require an ~mDloyee to submit a doctor's certificate for a peniod of absence of less t~am three days. (i) An employee shall be allowed up to three (3) days off with pay, subject to the approval of his department head, when a death occurs in the immediate family. Immediate family to mean: Father, Mother, Father-in-law~ Mother-ln-law, Sister~ Brother, Wife, Son~ Daughter or other relative living with the employee. (j) On retirement or separation an employee shall be entitled to an amount equal to his salary, wages or other remuneration rom one-half the number of days standing to his credit and in any event, not in excess of the amount of one-half year's earnings at the rate received by the employee immediately prior to termination of employment and providing that the employee has completed three (3) years of service with the Corporation of the Township of Pickering, immediately prior to ~he te~minat{on ~f employment. (k) If an employee is prevented from womking on account of an occupational accident that is recognized by the Workman~s Compensation Board as compensable within the meaning of the Workman's Compensation Act, and such employee in fact receives an award payable regularly by the said Board the Corporation will supplement the award made by the said Board for loss of wages to the employee to the extent that such employee may have sick benefits or may receive such award, whichever is the shorter, by such amount that the award of the said Board for loss of wages together with the supplementation of the Corporation from the sick pay available to such employee will equal 100% of th~ employee's regula~ take home pay. ? (1) An employee shall be provided with an annual statement of the Sick Leave Credit Gratuities accumulated to his or her credit. This statement shall he signed by the Treasurer on or before January 31st of each year. (m) Each employee covered by the Bargaining Unit will be entitled as at March 1~ 1964, to a credit for sick pay equal to the number of days standing to the credit of such employee under By-Law No. 2631. (n) Sick leave will accumulate at the rate of one and one-half days per month, during the term of this and subsequent agreements to a maximum of 160 working days effective March 1st, 196~, and 180 working days effective March 1st, 1965. ARTICLE 19 - WELFARE The Corporation agrees to share equally with the employee the premium cost of the following Hospital, Life Insurance, Pension Plans, and Medical Plan. 1. Ontario Hospital Services Plan up to amd including Semi-private care4 2. The present Life Insurance Plan 3. A Pension Plan Physicians Services Incorporated Blue.~Plan. ARTICLE 20 - VACATIONS (a) Employees who have completed one (1) year of service by June 30th, in any current year will be allowed two (2) weeks' vacation with pay. (b) Employees who have completed seven (7) or more years service by June 80th in any current year will be allowed three (3) weeks' vacation with pay. (c) Employees who have completed twenty (20) or more years of service by June 30th in any current year will be entitled to four (4) weeks' vacation with pay. (d) One year's annual vacation may be carried over to the following year, subject to the approval of Council. (e) Vacations must be scheduled between the period of June 1st, and September 30th in the vacation year, unless otherwise arranged between the Corporation and the employee. (f) The Corporation agrees to post a vacation schedule in advance of June 1st, so that vacations may be equitably allocated throughout the vacation period. In the event that more than one employee in a department requires time off within the same period, then the employee with the greatest seniority in such department shall be given preference. (g) If an employee is entitled to more than two (2) weeks' vacation and desires to take his extra vacation allowance at a later date, such time off shall be by mutual agreement between the parties. ARTICLE 21 - PAID HOLIDAYS The Corporation agrees to pay employees for each of the holidays listed hereunder, the celebration of which falls on their regulaT scheduled working day, which they would otherwise have worked had it not been a holiday, a sum equivalent to their current daily wages, provided they work the normal working day immediately prior to and following the day of the celebration of the holiday, o~ unless the employee in question has been absent on such day prior to or following the day of the celebration of the holiday by reason of illness which is verified by a doctor's certificate. 8 The holidays ape as follows: New YeaP's Day Good FPiday VictoPia Day Dominion Day Civic Holiday LabouP Day ThanksgivinE Day ChPistmas Day ~oxing Day (b) If a Paid Holiday falls on a PegulaP 'woPking day duping an employee's vacation pePiod, he shall be gPanted aa~otheP 4ay off with pay in lieu thePeof. (c) An employee actually attending Remembrance Day sePvices shall be gPanted fouP (4) houPs off with pay. ARTICLE 22 SCHEDULES Attached hePeto and foPming paPt of this AgPeement Schedule "A" Wages and Job Classifications Schedule "B" HouPs of Work and WoPking Conditions ARTICLE 23 RETROACTIVE FEATURE It is undePstood and agPeed that in each and evePy AgPeement between the pa~ties hereto and subsequent to this AgPeement, any adjustment of wages om salaPtes ~hall be Petmo- active to the effective date of each Agreement. ARTICLE 24 - CONTRACTING OUT OF WORK No work in job eategoPies covered by this agPeement~ shall be contPacted out at the e~pense of pPesent employees being laid off. ARTICLE 25 - TERMINATION This AgPeement will be effective fPom MaPch 1st, 1964 until FebPuaPy 28th~ 1966, and from yeaP to yeaP themeafteP unless eitheP paPty gives notice in wPiting, not mope than sixty (80) days noP less than thiPty (30) days pPioP ~o the expiPation date in any yeam of theiP desiPe to amend same. IN WITNESS WHEREOF the paPties hePeto have hePeunto set theiP CoPpoPate Seals by the hand of theiP pPopeP officePs in that behalf. DATED at this day of, 1964 CORPORATION OF THE TOWNSHIP OF CANADIAN UNION OF PUBLIC PICKERING EMPLOYEES~ and LOCAL 1~9 SCHEDULE "A" Wages Effective March 1st, 1964, the following employees will be paid as follows: Freda Draper $3,050.00 Carol Whittington 3,150.00 Connie Blake 2,950.00 Evelyn Roberts 3,050.00 Margaret Haney 3,250.00 Doris Harvey 3,756.00 Cheryl Liscombe 2,950.00 Clifford Dunkeld 5,050.00 Gordon McDowell 4,570.00 Allan Scott 4,550.00 Noel Marshall 4,150.00 Effective ~arch 1st, 1965, there will be a further increase of $200.00. Job Classifications and evaluation. During the life of this agreement the parties agre~ to negotiate job classifications end evaluate the jobs in the various classifications for present and new employ~- HOURS OF W.qRK A~.~ WORKING CONDITIONS Hours of Work All employees shall work from 9:00 A.M. to 5:00 P.M. with one half hour for lunch five (5) days per week, Monday To Friday. Overtime 1. Any hours worked over and above the regular work day pursuant to authorization by departmmnt head shall be considered as overtime and paid for at The rate of Time and one-half (1 1/2) for every hour worked. Hourly rate to be arrived at by dividing weekly wage of each employee by ~umber of hours worked in a normal 37 1/2 hour work week. Temporary Employees 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. Punctuality 1. Any employee who is unable to report to work at the normal starting Time, shall notify the Department Head at The earliest reasonable time, and in any event at least 30 minutes in advance of the starting time. 21 It is agreed that every employee shall be on the Job and ready to work at the specified starting time for each working period, Public Relations 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. Method of Pay The regular pay period shall be every two (2) weeks, The Corporation agrees To put the pay cheque of the individual employee in a sealed envelope. It is mutually agreed that employees will not participate in part-time jobs for hire, nor will they assume such personal responsibilities requiring excessive work which in turn would interfere with the normal efficiency of Their job with the Corporation.