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HomeMy WebLinkAbout91-102 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-102 being a by-law to authorize the execution of Collective Agreements between the Town of Newcastle and the Canadian Union of Public Employees, Local 74 THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate Seal, Collective Agreements between the Canadian Union of Public Employees, Local 74 (Outside Employees) and the Corporation of the Town of Newcastle dated the day of 1991, in the form attached hereto as Schedule "A" and the Canadian Union of Public Employees, Local 74 (Inside Employees) and the Corporation of the Town of Newcastle dated the day of 1991, in the form attached hereto as Schedule "B" . By-law read a first and second time this 24th day of June 1991 By-law read a third time and finally passed this 24th day of June 1991 F c � MAYOR CLERK r THE CORPORATION OF THE TOWN OF NEWCASTLE ACTION SLIP DATE: TO: jAd /,-) FROM: NOTE AND FILE O O NOTE AND SEE ME PLEASE ANSWER O O INVESTIGATE AND REPORT AS DISCUSSED O O TAKE APPROPRIATE ACTION PER YOUR REQUEST O O RETURN WITH MORE DETAILS FOR YOUR INFORMATION O O RETURN WITH YOUR COMMENTS FOR YOUR APPROVAL O O PREPARE REPLY FOR MY SIGNATURE FOR YOUR SIGNATURE O O PLEASECOMMENT COM TS: D o� � Collective � Agreement � Between i eiWiiiistCe ONTARIO � And U P. E . Local 74 1 f 1991 - 1992 1 1 � OUTSIDE 1 1 ' OUTSIDE COLLECTIVE AGREEMENT INDEX Article1 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 Article 2 = Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 Article 3 No Discrimination. . . . . . . . . . . . . .. . . . . . . . .Page 1 ' Article 4 - No Coercion. . . . . . . . . . . . . . . . . . . . . . .. . . .Page 2 Article 5 - No Strikes or Lock-Outs. . . . . . . . . . . . . . . . .Page 2 ' Article 6 - Corporation Rights. . . . . . . . . . . . . . . . . . . . . .Page 2 Article 7 - Union Security. . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 ' Article 8 - Grievance Procedure. . . . . . . . . . . . . . . . . . . . .Page 3 Article 9 - Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 4 Article 10 - Management Grievances. . . . . . . . . . . . . . . . . . .Page 5 Article 11 - Union Committee. . . . . . . . . . . . . . . . . . . . . . . . .Page 5 Article 12 - Seniority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 5 Article 13 - Probationary Employees. . . . . . . . . . . . . . . . . .Page 6 Article 14 - Temporary Employees. . . . . . . . . . . . . . . . . . . . .Page 6 Article 15 - Loss of Seniority. . . . . . . . . . . . . . . . . . . . . . .Page 7 Article 16 - Seniority Applied to Promotions and Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 7 Article 17 - Transfers to Supervisory Positions. . . . . .Page 8 Article 18 - Job Posting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 8 Article 19 - Leave of Absence. . . . . . . . . . . . . . . . . . . . . . . .Page 9 Article 20 - Seniority Applied to Lay-Offs and Recalls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 12 Article 21 - First-Aid Kits. . . . . . . . . . . . . . . . . . . . . . . . . .Page 12 Article 22 - Safety Provisions. . . . . . . . . . . . . . . . . . . . . . .Page 12 Article 23 - Benefit Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 13 ' Article 24 - Vacations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 14 1 1 -2- ' Article 25 - Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15 Article 26 - Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 16 Article 27 - Job Security. . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 17 Article 28 - Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 17 Article 29 - Termination or Amendment. . . . . . . . . . . . . . . .Page 17 ' Schedule "All. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 19 Schedule °B" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23 r Letter of Understanding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 27 1 r 1 r r r r r r r r ' Expiry Date: December 31, 1992 COLLECTIVE AGREEMENT BETWEEN: THE MUNICIPAL CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter referred to as the "Corporation" ) ' OF THE FIRST PART AND: THE CANADIAN UNION OF PUBLIC EMPLOYEES & ITS LOCAL 74 (hereinafter referred to as the "Union") OF THE SECOND PART Outside Agreement Article 1 - Purpose 1.01 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 2.01 The Corporation recognizes the Union as the sole and exclusive bargaining agent for all its employees save and except foremen, those above the rank of foreman, office staff, and persons regularly employed for not more than twenty-four (24 ) hours per week and students employed during the school vacation ' periods. 2 .02 Employees whose jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit, except for purposes of instruction, experimenting, emergencies when regular employees are not available, or as incidental to the regular performance of supervisory duties. ' Article 3 - No Discrimination ' 3 .01 The Corporation and the Union agree that there will be no discrimination, interference, restriction or coercion exercised or practised by any of its representatives with respect _2 to any employee because of the employee's membership or non-membership in the Union. , Article 4 - No Coercion 4.01 The Union agrees that there will be no intimidation, interference, restriction or coercion exercised or practised on ' employees of the Corporation by any of its members or representatives and that there will be no Union activity, solicitation for membership or collection of dues on Corporation time, and no meeting on Corporation premises except with the prior permission of the Corporation. Article 5 - No Strikes Or Lock-Outs 5 .01 The Union agrees that there shall be no strike during the term of this Agreement and the Corporation agrees that there shall be no lock-out during the term of this Agreement. 5. 02 The words "strike" and "lock-out" shall be as defined in the Ontario Labour Relations Act. Article 6 - Corporation Rights ' 6.01 The Union acknowledges that it is the exclusive function of the Corporation to: ' 1 . Maintain order, discipline and efficiency and to make, alter, and enforce from time to time reasonable rules. ' 2 . Hire, promote, demote, transfer, re-classify, discipline or suspend employees, to discharge any employee for just cause provided that a claim by an employee who has acquired seniority that the employee has been discharged without just cause may be the subject of a grievance and dealt with as hereafter provided. 3 . Operate and manage its operations in all respects in accordance with its commitments and responsibilities and in pursuance of its policies, decide on the number of employees needed in any classification, establish job qualifications , determine location of offices, the , schedules of operation, the assignment of work, methods, processes and means of operating, and the extension, curtailment and cessation of operations. , 4. The Corporation agrees that these functions shall be ' executed in a manner consistent with the express terms of the Agreement and subject to the right of the employee to lodge a grievance as set out herein. Article 7 - Union Security 7.01 The Corporation recognizes the Union as the sole collective bargaining agent for the said employees for the duration of this Agreement. 7.02 A new employee shall have deducted from the employee's salary an amount equal to the current monthly dues. 7.03 The Treasurer of the Corporation shall deduct an amount equal to Union dues from the wages of all employees each pay and shall remit such amount by the fifteenth day of the following month to the Union. The Corporation shall be notified in writing at least thirty calendar days prior to any required change in Union dues assessment. 7.04 In consideration of the Corporation deducting and remitting the initiation fees and monthly dues to the Union in ' accordance with the terms of this Article, the Union will indemnify and save harmless the Corporation from any and all claims and demands which may be made against it for any monies deducted and remitted to the Union. Article 8 - Grievance Procedure ' 8.01 A grievance shall be defined as a written complaint regarding the interpretation, application or alleged violation of the terms and provisions of this Agreement, or in the case of an employee who has acquired seniority under this Agreement, a complaint that the employee has been discharged or disciplined without just cause. All grievances shall bear the signature of the employee except for policy grievances, which shall be signed by the Union President. Grievances shall be dealt with in the following manner: tS ep 1 The employee, assisted by a union steward, shall submit a signed and written statement of the grievance within ten (10) working days of the occurrence which gave rise to the grievance. The supervisor will respond within two (2 ) working days from the day in which the grievance was presented to him. Failing settlement, then: _4 Sten 2 Within five (5) working days following the decision in Step 1 , the employee shall, with the assistance of the steward, present the written grievance to the Department Head. The . Department Head shall have five (5) working days to review the matter and respond in writing to the parties concerned. Failing settlement, then: , Step 3 Within five (5) working days following the decision in Step 2 , the employee, assisted by the Grievance Committee and/or representative of the Union, may take the matter up with the Chief Administrative Officer. The Chief Administrative Officer shall have five (5) working days following the meeting to respond to the grievance. Failing settlement at this level , the matter may then be referred to Arbitration within five (5) working days of the Chief Administrative j Officer's response. 8 .02 Time limits in this Article may be extended by mutual agreement of the parties. 8 .03 An employee, other than a probationary employee, , claiming that the employee has been discharged from employment without just cause shall file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step No. 2 of the Grievance Procedure ' provided such grievance is lodged with the Department Head within five (5) working days of the discharge. Article 9 - Arbitration 9.01 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 procedure will be settled by arbitration as defined in Section 44(2) of the Ontario Labour Relations Act, as amended from time to time. 9.02 Expenses of the Board ' Each party shall pay: (1 ) The fees and expenses of the Arbitrator it appoints. ( 2 ) One-half ( 1/2 ) of the ' fees and expenses of the Chairman. -5- 9. 03 The Arbitration Board shall have no power to alter the ' terms of the Agreement or to make any decision which is inconsistent with the terms of the collective agreement. Article 10 - Management Grievances 10.01 The Corporation may bring forward at any meeting with the Union Committee any complaint or grievances and 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 the arbitration provisions. Article 11 - Union Committee 11.01 The Union shall appoint or otherwise select a Union Committee composed of not more than three (3 ) employees inside and three (3) employees outside, one (1) of whom shall be the President, and the Corporation will recognize and deal with the said committee with respect to any matter which may arise from time to time during the term of this Agreement, including grievances in the manner as set forth in Article 8 and the negotiating of a new collective agreement. 11. 02 The Union shall advise the Corporation of the personnel serving on this Committee. 11.03 Compensation for Union Committee a) The Union acknowledges that 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 the immediate supervisor and on the completion of such duties shall report back to the supervisor, or to any job to which the employee has previously been directed, and give any reasonable explanation which may be requested with respect to their absence. Such 1 permission shall not be withheld unreasonably. b) The Union shall make every reasonable effort to comprise the Union Committee with members from different departmental areas. Article 12 - Seniority 12.01 Seniority shall commence and accumulate from the date on which an employee was last employed full-time by the Corporation or the Municipalities making up the Corporation, provided such service is continuous. 12.02 A seniority list will be established for all employees covered by this Agreement who have completed their probationary periods, based upon each employee's last date of hiring. It is agreed that such seniority list shall be revised and posted on January 2nd, and June 1st of each year and a copy filed with the Union. This will include the names of the employees, their ' classifications, and their respective dates of hire. For the purpose of clarity, seniority is on a unit-wide basis. Seniority will be calculated on time actually worked, which will include time off for paid vacations. Seniority will continue to ' accumulate during periods of absence due to illness or injury for up to twelve (12) consecutive months. Article 13 - Probationary Employees 13.01 An employee shall be considered a probationary employee i until the employee has worked a total of sixty (60) days within any continuous six (6) month period and during this time shall have no seniority rights. It is expressly understood by both , parties that during the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at any time at the sole discretion of the employer. 13 .02 Upon successful completion of the probationary period, an employee shall be placed on the appropriate seniority list and his seniority shall date back to the employee's last date of hire. Article 14 - Temporary Employees , 14 .01 a) A temporary employee shall be defined as a person employed by the Public Works Department to positions created as a , result of peak winter conditions during the period commencing December 15th and ending April 15th and whose term of employment shall not exceed six (6) months within any continuous twelve (12) month period, or a person who fills a temporary vacancy that is caused by the absence of the incumbent due to sickness, injury, vacation or leave of absence. b) A temporary employee shall be defined as a person employed by the Community Services Department to positions within parks and facilities created as a result of peak periods between , April 15th and October 15th and whose term of employment shall not exceed six (6) continuous months, or a person who fills a temporary vacancy that is caused by the absence of the incumbent ' due to sickness, injury, vacation or leave of absence. i 14.02 A temporary employee who remains in the employ of the Corporation for longer than six (6) months within any continuous I twelve (12) month period, without the prior written approval of the Union, or who has been accepted by the Corporation as a regular full-time employee, shall thereupon cease to be considered a temporary employee. Should this happen, continuous service since the last day of hire as a temporary employee shall be included in the computation of the employee's probationary period. 14 .03 Temporary employees shall be covered by the terms of the Agreement except for the following: Articles 11 , 12, 13, 15, 16 , 17, 18, 19, 22, 23 , 24,25, 26, Number 4 of Schedule "B" and they shall not be entitled to Articles 8 or 9 with respect to discharge or termination. Temporary employees shall not be employed while regular employees are on layoff. ' Article 15 - Loss Of Seniority 15. 01 Seniority rights and an employee's employment shall be terminated at once if the employee: a) Voluntarily terminates employment; b) Retires or is retired at age 65; C) Is discharged, and such discharge is not reversed through the grievance procedure; d) Is laid off continuously for a period of more than twelve (12) months; ' e) Has been laid off and fails to return within five (5) working days after the employee has been notified to do so by the Corporation through registered mail , addressed to the last address on I record with the Corporation. The Corporation may extend the five (5) day period under extenuating circumstances; f) While laid off, fails to keep the Corporation informed of the employee's home address and telephone number. Article 16 - Seniority Applied To Promotions & Transfers 16.01 Promotions and/or transfers within the bargaining unit will be based primarily on the skill , ability, experience and qualifications of the employee(s) concerned, but as between two (2 ) persons of approximately equal standing based upon the above factors, seniority shall govern. The secretary of the local will be advised as to pending transfers or promotions. -8- ' 16.02(a) It is expressly understood that management reserves the right to deny an employee hired after April 3rd, 1985, promotion or transfer to a position where such promotion or transfer would result in that employee being directly supervised by an immediate family member. (b) The term °immediate family" shall be defined to include , mother, father, spouse, son, daughter, sister, brother, aunt, uncle, grandparent or grandchild. Article 17 - Transfers To Supervisory Positions 17.01 If an employee is, or has been a member of the bargaining unit and is transferred to a position outside this Agreement, and accordingly is not subject to the provisions of this Agreement, the employee shall retain previous seniority for a period not to exceed two (2) calendar years. If transferred back to a position subject to the provisions of this Agreement, the employee shall carry this accumulated seniority, but will not be credited with seniority accumulated outside the unit. Article 18 - Job Posting 18 .01 a) In the event new jobs are created or vacancies occur within the bargaining unit the Corporation will post such new jobs or vacancies for a period of five (5) working days before new employees are hired in order to allow employees with , seniority to apply in writing. The Corporation further agrees that there will be no outside advertising until all internal applicants have been advised that they do not match the required criteria for the job. As a courtesy to the Union, all non-Union positions will be posted. b) In order to avoid postings during the annual ' shutdown period, it is agreed that no jobs shall be posted for public works positions within three (3 ) days of the commencement of the annual shutdown. 18 .02 a) Temporary vacancies in any classification shall be considered as vacancies that are caused by the absence of the incumbent due to sickness, injury, vacation or other leave of absence. Such temporary vacancies are not required to be posted. However, such temporary vacancies shall be offered to the most senior employee willing to accept the position who is within the same area of responsibility and also qualified to fill the vacancy. Subsequent vacancies may be filled by a temporary employee. ' b) However, where the temporary vacancy is expected to last for six (6 ) months or longer, the temporary vacancy will be posted for five (5) working days in order that all employees have an opportunity to consider applying to fill the vacancy. These r -9- 1 extended temporary vacancies will be offered to the most senior employee within the bargaining unit who has the skill, ability and qualifications to perform the work within the vacated position. 18.03 . The Corporation shall notify the Union of the appointment of the successful applicant within fifteen (15) days of the filling of the position. 18.04 The successful applicant to a job posting shall be subject to a trial period of thirty (30) days worked. During that time, the successful applicant may choose to return or the employer may elect to return the employee to the classification from whence he came. In such event, and in all subsequent placements, the affected employees would be returned to their prior classifications. Article 19 - Leave Of Absence 19.01 The Corporation may grant leave of absence without pay or without loss of the employee's then accumulated seniority or occupational classification, to any employee requesting such leave for a good and sufficient cause. This request to be made thirty (30 ) days in advance if possible and a reply will be given within seven (7) days if possible. The employee's benefits will 1 continue for leaves up to thirty (30) days at the expense of the Employer. If such leave is for a period longer than thirty (30) days, the employee shall pay benefits in advance for that period of leave in excess of thirty (30 ) days. 19.02 a) The Corporation shall grant upon reasonable notice in writing, a leave of absence for a specified period of time, for full-time union duties, without pay or benefits, but without loss of seniority, upon the following conditions: i) only one leave of absence within the bargaining unit will be considered or permitted in any twelve (12 ) month period; the Corporation shall grant an extension to the leave of up to one (1 ) year upon written notice which specifies the duration of the extension; only one employee may be absent at any one time; iii ) no one individual will be entitled to a mandatory leave under this Article for more than a total of twenty-four (24 ) months; 1 r -10- iv any further or extended leaves of absence , other than those permitted by paragraphs i ) , ii ) , and iii ) shall be at the sole discretion of the Corporation. b) It is understood that, for the purposes of this Article, the Outside and Inside bargaining units shall be deemed to be one bargaining unit and that only one employee in total shall be granted leave of absence under these provisions. 19.03 Leave of absence , without pay, for attendance at Union conventions, meetings, seminars, and schools, will be granted to not more than two (2) employees, for a period not to exceed sixteen (16 ) days in any one (1) year, provided that it does not interfere with the efficient operation of the Corporation. Where possible the employee shall give the Corporation twenty-one (21 ) , days written notice. 19 .04 All requests for leaves of absence shall be in writing. 19. 05 An employee on leave of absence may accumulate seniority only under above sub-sections 19.02 and 19 .03 and then only during the first three (3 ) months of a granted leave of absence. 19.06 a) An employee shall be eligible for maternity leave or parental leave in accordance with the Employment Standards Act or other applicable legislation. b) It is understood, however, that the maternity leave shall be extended to six (6) months where the employee so requests in writing prior to commencement of the leave. In exceptional circumstances arising out of medical complications associated with the birth of the child, request for the extension to maternity leave may be made during the first twelve (12 ) weeks of maternity leave. C) Employees shall continue to accumulate seniority during periods of absence on maternity leave except for the purposes outlined in paragraphs 24.11 and 26.01(b) . d) A temporary employee who fills the vacancy will be ,considered a temporary employee under Article 14.02 for the full six (6) months. 19.07 Paternity Leave An employee will be entitled up to one (1) full day's t leave of absence without loss of pay for the purpose of being in attendance at the day of the birth of his child. 1 1 -11- 19.08 Adoption Leave a) The employer shall grant a leave of absence without pay to an employee who has adopted a child. The employee will provide the Town with notice of being accepted as an adoptive parent candidate and will provide notice of the adoption leave date as far in advance as possible. The adoption leave will be taken at the time the adoption care is to commence and will continue for a maximum of six (6 ) months. b) Seniority will continue to accumulate during absence due to approved adoption leave, except for the purposes outlined in paragraphs 24.11 , 26.01(b) and Schedule 'A' , number 4 . C) A temporary employee who fills the vacancy will be considered a temporary employee under Article 14.02 for the full six (6 ) months. 19.09 Jury Duty An employee called for jury duty or subpoenaed as a witness in any court, will be granted leave of absence without loss of pay for the duration of such duty, less any fee paid for the service and subject to the Clerk of the Court certifying the time. 19.10 Bereavement Leave An employee shall be granted time off for bereavement leave upon notification to the Department Head or his designate, prior to the leave, without loss of pay according to the schedule below, following the date of death, for attendance at, or arranging the funeral of: a) An employee's spouse, common-law spouse, son or daughter, up to five (5) consecutive working days; b) An employee's father, mother, father-in-law, mother-in- law, sister or brother, up to three (3 ) consecutive working days; C) An employee's grandmother, grand father, son-in-law, a daughter-in-law, sister-in-law, brother-in-law, or grandchild, up to two (2) consecutive working days; d) An additional two (2 ) days travelling time, without pay, 'may be granted by the Department Head or his designate to permit the employee. to attend a funeral in the family that is to be held at a distant point. t -12- Article 20 - Seniority Applied To Lay-Offs And Recalls 20.01 A lay-off of employees shall be made on the basis of the seniority list provided that the employees who are entitled to remain on the basis of seniority are willing and qualified to do the work which is available. When recalling employees who have been laid off, the recall will also be made on the basis of seniority and qualifications. 20.02 Unless legislation is more favourable to the employees, the Employer shall notify employees who are to be laid off ten (10) working days prior to the effective date of the lay-off. If the employee has not had the opportunity to work the days as provided in this Article, the employee shall be paid for days for which work was not available. 20.03 All employees shall be obliged to notify the r Corporation in writing as soon as possible of a change of address or telephone number. Article 21 - First-Aid Kits 21 .01 First-Aid Kits will be supplied by the Corporation and ' kept in places easily accessible to all employees including each vehicle regularly operated by an employee on behalf of the Corporation. It will be the responsibility of both parties to see that the kits are properly cared for and maintained. The operator of the vehicle will be responsible for its use and be required to notify the employee's Supervisor in writing when it has been used so that replacement can be made. , Article 22 - Safety Provisions 22. 01 It is mutually agreed that both parties will co-operate to the fullest extent in the prevention of accidents, and with some promotion of safety and health as is deemed necessary. 22 .02(a) An employee prevented from performing their regular work with the Employer, on account of an occupational accident that is recognized by the Workers' Compensation Board as compensable within the meaning of the Workers' Compensation Act, shall receive from the Employer the difference between the amount payable by the Workers' Compensation Board and their regular net salary. Such payment shall be charged against and be limited to the amount of accrued sick-leave credits. (b) In the event an employee is found not to be entitled to ' workers' compensation payment, the Corporation will be entitled to full reimbursement of monies paid to the employee by the Corporation by way of deduction of the appropriate amount from , the employee's subsequent earnings. -13- Article 23 —Benefit Plan 23 .01 On completion of the probation period, the Corporation agrees to provide the following coverages consistent with the rules and regulations of the plans and to pay the premium as set out opposite the plan. The plans are: a) Group Life Insurance based on two (2) times annual earnings to a maximum of $125,000.00. Participation in the life insurance plan is compulsory for all 1 employees. 100% b) Extended Health Benefits, Major Medical benefits with prescription drug plan and semi-private hospital coverage 100% Prescription glasses maximum one hundred and seventy-five dollars ($175.00) per person in any two (2) policy years 100% C) Dental Plan equivalent to Blue Cross #9, major restorative, and orthodontic for children. The ODA Fee Schedule shall be the schedule of the year prior to the current year. 100% d) Long Term Disability Plan - 70% of wages to a maximum of two thousand five hundred dollars ($2,500.00) per month 100% 23. 02 The Employer agrees to continue participation in the Ontario Municipal Employees Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act. 23.03 Any change in the Benefit Plan shall be a matter of negotiations between the parties except that the Corporation shall have the right to designate the carrier. t23.04 In cases of absence due to illness or injury, the Corporation will continue to pay the premium cost of the employee's health and welfare benefits for up to fifteen (15) months from the first day of absence. Thereafter, the employee may elect to pay his own benefit premiums in accordance with the terms and conditions of the master insurance policies so long as the individual's employment status continues with the Corporation. 23.05 It is agreed that the full employee's portion of any reduction in unemployment insurance commission premiums resulting directly from U.I.C. approval of the improved weekly indemnity r -14- plan is included as part of the improved benefits contained in the Collective Agreement. Article 24 Vacations 24.01 An employee will be entitled to receive an annual ' vacation with pay in accordance with his years of employment, as follows: On completion of less than one One working day for each com- year of employment in a calendar pleted month of employment to year a maximum of ten working days calculated as of December 31st of the year in which employ- ment commenced In the calendar year of the 1st anniversary and each year thereafter 2 weeks In the calendar year of the 4th anniversary and each year thereafter 3 weeks ' In the calendar year of the 10th anniversary and each year thereafter 4 weeks In the calendar year of the 19th anniversary and each year thereafter 5 weeks In the calendar year of the 27th anniversary and each year thereafter 6 weeks 24.02 New employees shall not be entitled to take vacation within the first six (6) months of employment except by mutual agreement of the parties. 24.03 Vacations may be scheduled in advance of the employee's anniversary date and subject to the proviso that, should the employee who has received his vacation entitlement prior to his anniversary date also terminate his employment or be terminated prior to that date, he shall be required to reimburse the employer for the overpayment by way of deduction from his pay cheque. 24.04 Seniority for the purposes of vacation preference shall only apply to the first two (2) weeks of vacation requested ' (excluding shutdown) . -15- 24.05 Vacations may be scheduled anytime in the calendar year and every effort will be made to post the schedule by March 31st 1 in each year. Such list shall give effect to scheduling vacation dates on the basis of seniority consistent with the efficient operation of the department. All vacations will be scheduled by the Department Head or hid designate and may be changed if mutually agreed by both parties. 24.06 For each week of vacation to which the employee is ' entitled, an employee will be paid as vacation pay, two percent (2%) of his earnings in the previous calendar year, or forty (40) hours' pay, or a full week's salary, as the case may be, 1 whichever is the greater. 24.07 An employee will be eligible to carry over up to five ' (5) days entitlement to the following vacation year subject to the prior approval of the Corporation. 24.08 Employees shall not accumulate nor accrue entitlement to vacation days during period of absence due to illness or injury in excess of ninety (90) calendar days. Employees shall not accumulate nor accrue entitlement to vacation days during other periods of absence including approved leave, maternity leave and adoption leave. Article 25 - Paid Holidays 25.01 The Corporation agrees to pay employees for each of the holidays listed hereunder, the celebration of which falls on their regular scheduled working day which they would otherwise have worked had it not been a holiday, a sum equivalent to their current hourly day rates for the number of hours they would have worked on such a day, provided they complete the regularly assigned hours of work on the day immediately prior to and following the day of the celebration of the holiday, unless otherwise mutually agreed. 1 The holidays are as follows: New Year's Day Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Canada Day 1/2 Working day before Civic Holiday Christmas day and 1/2 working day before New Year's Day One Floating Holiday and any other holiday proclaimed by the Provincial or Federal Governments. The floating holiday will be celebrated by mutual agreement of the Corporation and the employee. 1 1 1 -16- 25.02 If one of the holidays set out in Clause 25.01 is celebrated on a Saturday or Sunday, it shall be observed on the preceding Friday or Monday following the .holiday concerned, or paid for on the same basis as set out in Clause 25.01, at the discretion of the Corporation. The decision of which day, Friday or Monday, will be allocated as the holiday shall be conveyed to ' the Union at least twenty-one (21 ) days prior to the holiday. 25.03 Employees required to work on the day the holiday ' actually falls will be paid double time their regular rate for actual hours worked in addition to holiday pay. Employees required to work on a day of observation of the holiday as scheduled under Art. 25.02 will be paid one and one-half (1-1/2) times their regular rate for actual hours worked, in addition to the holiday. 25.04 If a Statutory Holiday falls on a regular working day ' during an employee's vacation period, the employee shall be granted another day off with pay in lieu thereof or payment for the holiday at the option of the Department Head or his designate. 25.05 If a paid holiday occurs on an employee's scheduled day off the employee shall receive another day off with pay in lieu of the holiday. The lieu day shall be taken at a time mutually satisfactory to the employee and the Corporation. r Article 26 - Sick Leave 26.01 a) An employee who has completed the probationary period of employment will be entitled to one (1) day per month accumulative sick leave retroactive to date of hire, at the , regular rate of pay, which will be accumulative to a maximum of two hundred and forty (240) days. b) Employees shall not accumulate sick leave credits ' during periods of absence. However, sick leave credits will continue to accrue to employees while they are absent on sick leave pursuant to Article 26 for a maximum of two hundred and forty (240) days. 26.02 One-half (1/2) of the unused accumulated days, not to ' exceed two hundred and forty (240) days, will be paid to the employee upon cessation of the employment after the employee has completed five (5) years of service, but only up to a maximum allowed by the Municipal Act. 26.03 If an employee dies before retirement, one-half (1/2 ) of the unused accumulated days [not to exceed two hundred and forty (240 ) days] will be paid to his beneficiary, but only up to the maximum allowed by the Municipal Act. 1 ' -17- 26.04 When claiming sick pay an employee will, if required to 1 do so, furnish a Doctor's certificate after the third (3rd) day of illness. 26.05 Any employee having more than two hundred and forty (240) days' sick leave standing to his credit prior to the effective date of this Agreement will be credited with those days, but no accumulation beyond two hundred and forty (240) days or the noted excess, as the case may be, will be permitted in the future. 26.06 Any employee who qualifies for sick leave pay, shall receive full pay so long as the employee's credits last; however, bereavement leave shall not .be charged to sick leave credits. t 26.07 Except for persons who are on sick leave at the time of notice of lay-off, sick leave credits shall not be used by those employees who have received a notice of lay-off and who are absent from work as a result of lay-off. Article 27 - Job Security 27.01 No employee in the employ of the Corporation shall be laid off as the result of contracting, leasing, assigning or conveying work to any other person or Employer. Article 28 - Schedules 28.01 Attached hereto and forming part of the Agreement are: Schedule "A" - Wages and Job Classifications Schedule "B" - Hours of Work and Working Conditions Article 29 - Termination Or Amendment ' 29.01 This Agreement will be effective from January 1st, 1991, until December 31st, 1992, and from year to year thereafter unless either party gives notice in writing within ninety (90) days of the expiry date in any year of their desire to amend or terminate. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS THIRD DAY OF DECEMBER , 1991. 1 r -18- 1 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: 1 THE MUNICIPAL CORPORATION CANADIAN UNION OF PUBLIC OF THE TOWN OF NEWCASTLE EMPLOYEES AND . ITS LOCAL 74 , 1 r r 1 t r r r r r r -19- SCHEDULE "A" WAGES AND JOB CLASSIFICATIONS January 1, 1991 Cade Classification Job Rate/Hour 1 Probationary ) 60 cents below job classification ' 2 Labourer ) 14.38 ' 3 Animal Control Officer ) Maintenance, Parks & Cemetery ) 14 . 52 Arena - Operator III ) Maintenance, Buildings ) 4 Arena - Operator II ) 15. 38 ' 5 Arena - Operator I ) 15.53 Light Equipment Operator ) 6 Heavy Equipment* Operator ) 16. 19 Senior Animal Control Officer 7 Mechanic Class "A" ) 17. 28 ' Leadhand ) Traffic Co-ordinator ) Horticulturalist/Leadhand ) 8 Leadhand Mechanic ) 17.95 Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday. 1 A premium of sixty (60) cents per hour above the employee's classified rate shall be paid for all hours worked on shifts that begin between 3:00 p.m. and 6:00 a.m. of the next day following. * Heavy Equipment:ment: Grader Gradall Backhoe Front-End Articulating Loader, Streetsweeper, Side Boom Mower. (The Operator will be paid the heavy equipment rate when operating the loader for four (4) hours or more. ) i 1 _20- SCHEDULE "A" ' WAGES AND JOB CLASSIFICATIONS , July 1, 1991 Code Classification Job Rate/Hour 1 Probationary ) 60 cents below job ' classification 2 Labourer ) 14.52 ' 3 Animal Control Officer ) Maintenance, Parks & Cemetery ) 14.66 ' Arena - Operator III ) Maintenance, Buildings ) 4 Arena - Operator II ) 15.53 , 5 Arena - Operator I ) 15.68 Light Equipment Operator ) ' 6 Heavy Equipment* Operator ) 16.35 Senior Animal Control Officer ' 7 Mechanic Class "A" ) 17.45 Leadhand ) Traffic Co-ordinator ) Horticulturalist/Leadhand ) 8 Leadhand Mechanic ) 18.12 ' Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday. A premium of sixty (60) cents per hour above the employee's classified rate shall be paid for all hours worked on shifts that ' begin between 3:00 p.m. and 6:00 a.m. of the next day following. * Heavy Equipment: Grader, Gradall, Backhoe, Front-End , Articulating Loader, Streetsweeper, Side Boom Mover. (The operator will be paid the heavy equipment rate when operating the loader for four (4) hours or more. ) -21- ' SCHEDULE "A" IWAGES AND JOB CLASSIFICATIONS January 1, 1992 Code Classification Job Rate/Hour 1 Probationary ) 60 cents below job classification 2 Labourer ) 15.11 ' 3 Animal Control Officer ) Maintenance, Parks & Cemetery ) 15.25 - Arena Operator III ) Maintenance, Buildings ) 4 Arena - Operator II ) 16.16 ' 5 Arena - Operator I ) 16. 31 Light Equipment Operator ) 6 Heavy Equipment* Operator ) 17.01 Senior Animal Control Officer 7 Mechanic Class "A" ) 18.15 Leadhand ) Traffic Co-ordinator ) Horticulturalist/Leadhand ) ' 8 Leadhand Mechanic ) 18.85 Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday. A premium of sixty (60) cents per hour above the employee's classified rate shall be paid for all hours worked on shifts that begin between 3:00 p.m. and 6:00 a.m. of the next day following. ' * Heavy Equipment: Grader, Gradall, Backhoe, Front-End Articulating Loader, Streetsweeper, Side Boom Mower. (The ' operator will be paid the heavy equipment rate when operating the loader for four (4) hours or more. ) -22- ' SCHEDULE "A" WAGES AND JOB CLASSIFICATIONS ' July 1, 1992 Code Classification Job Rate/Hour 1 Probationary ) 60 cents below job classification 2 Labourer ) 15.26 ' 3 Animal Control Officer ) Maintenance, Parks & Cemetery ) 15.41 ' Arena - Operator III ) Maintenance, Buildings ) 4 Arena - Operator II ) 16.32 , 5 Arena - Operator I ) 16.48 Light Equipment Operator ) , 6 Heavy Equipment* Operator ) 17. 19 Senior Animal Control Officer ' 7 Mechanic Class "A" ) 18.34 Leadhand ) Traffic Co-ordinator ) Horticulturalist/Leadhand ) 8 Leadhand Mechanic ) 19.05 ' Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday. , A premium of sixty (60) cents per hour above the employee's classified rate shall be paid for all hours worked on shifts that , begin between 3:00 p.m. and 6:00 a.m. of the next day following. * Heavy Equipment: Grader, Gradall, Backhoe, Front-End ' Articulating Loader, Streetsweeper, Side Boom Mower. (The Operator will be paid the heavy equipment rate when operating the loader for four (4) hours or more. ) ' -23- ' SCHEDULE "B" HOURS OF WORK AND WORKING CONDITIONS a) The normal hours of work shall be forty (40) hours per week as follows: 1. Public Works Department - Five (5) eight (8) hour days, Monday to Friday. The normal day shift shall be 7:00 a.m. to 3:00 p.m. with a one-half ' (1/2) hour paid lunch period. It is understood that employees will remain on site during the rest and lunch periods. 1 2. Arenas - Shifts in the arenas shall continue as scheduled by the Facilities Manager. However, during the time that the arenas are free from ice, normal shifts shall commence no earlier than 6:00 a.m. and no later than 9:00 a.m. 3. Animal Control - Shall be required to work forty ' (40) hours per week with a minimum shift of four (4 ) hours and a maximum of eight (8) hours; shifts to be scheduled between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday, and on Saturdays from 8:00 a.m. to 12:00 noon as scheduled by the By-Law Enforcement Officer on the fifteenth (15th) days of the preceding month. 4. Parks and Cemetery - Five (5) eight (8) hour days, Monday to Friday. The normal day shift shall commence no earlier than 7:00 a.m. and no later than 9:00 a.m. 1 2. . a) Authorized hours worked over and above the eight (8) hour day shall be considered as overtime and paid for ' at the rate of time and one-half (1-1/2) the employee's regularly scheduled rate of pay. b) The Corporation shall pay double time for all hours ' worked on a Sunday except where regularly scheduled. c) Where reasonably possible overtime will be distributed equitably among the employees who normally perform the work at the depots. -24- ' 3 . Call-Out Pay When employees are called out in an emergency they will not receive less than three (3) hours' pay at overtime rates. ' More than one (1) call-out within the time period specified above shall be considered as continuous. 4. Standby Pay ' Any employee designated to standby duty during other than ' normal hours of work will receive fifteen ($15.00) dollars per day as standby pay. Twenty ($20.00) dollars effective January 1, 1992. Standby schedules shall be posted at least one (1) month in advance and shall not be changed without ' the mutual agreement between the employer and the employee or in the. case of an emergency. 5. Meal Allowance t All employees required to work more than two (2) hours past their normal quitting time, or when called out in an , emergency for more than two (2) hours, shall qualify for a meal allowance to a maximum of seven dollars ($7.00) . (Effective January 1st, 1992 - $7.50) ' Proper accommodation shall be provided for employees to have their meals. 6. Mileage ' Employees required to use their own vehicles for business ' purposes will be reimbursed at the .rate of thirty-two cents (32c) per kilometer for all kilometers travelled for the Corporation. (Effective January 1st, 1992 - 34c per , kilometer) . Mileage claims shall be submitted to the Department Head on the first working day of each month and claims will be paid to employees on or about the seventh ' (7th) day of each month. Employees shall receive this allowance from their regular reporting place to and from any temporary transfer to , another depot and from one's home, whichever may be closer. 7. a) Employees required to wear safety boots shall receive ' from the Corporation the sum of eighty-five dollars ($85.00) per year towards the cost of C.S.A. approved safety boots on presentation of a receipt for same. Not more than one (1) pair of safety boots per employee ' per year. New employees will receive payment on completion of their probationary period. Safety boots must be worn. (Effective January 1, 1992 - $90.00) , ' -25- bj The Corporation reserves the right to specify the type of CSA approved safety boot required to be worn. Where the cost of this safety boot is more than the prevailing boot allowance, the Corporation shall cover the cost of the greater amount. S. Inclement Weather When it is necessary for employees to work during inclement weather, the Corporation will provide rubber coats, hats and boots or such other waterproof clothing as is necessary to ' keep the employees dry and warm. 9. The Corporation will provide such tools and equipment as are necessary to carry out the work of the Corporation. Employees will use such equipment with reasonable care. 10. Employees required to work in sewers will be supplied with waterproof gloves and waterproof clothing to the degree necessary to protect the worker. 11. Employees will be responsible for the care of all clothing issued by the Corporation. Replacement of articles shall be provided when the old items are turned in to the Department Head. 12. It is understood that the above tools, equipment and clothing are the property of the Corporation and are not to be removed from the premises without prior permission of the Department Head. 13. Protective clothing will be supplied to all employees covered by this contract. 14. Employees will take reasonable care of any gloves, waterproof clothing, rubber boots, coveralls, smocks, tools, etc. , that may be supplied to them and take every reasonable precaution to prevent damage by improper use or loss by theft or carelessness. 15. All employees shall be required to wear C.S.A. approved ' safety hats in accordance with the Construction Safety Act. C.S.A. approved safety hats shall be supplied by the Corporation to all employees. -26- ' 16. The Corporation agrees to provide bulletin boards for each office building on which the Union shall have the right to post notices of meetings, and other notices as may be of interest to the employees subject to management approval. 17. An employee shall be permitted to a rest period of fifteen ' ( 15) consecutive minutes in each half shift. 18. Higher Classifications Employees required to work in a higher classification shall receive the higher rate for all hours worked if more than four (4 ) per day. Lower Classifications ' When an employee is detailed to relieve on a temporary basis for any period in a position of lower rating, he shall ' maintain his regular rate of pay while so assigned. 19. Errors and omissions Insurance ' The Corporation agrees to maintain Public Liability and ' Errors and Omissions Insurance coverage for damages and costs to the limits determined from time to time by Council, and shall include in the definition of insured under said insurance coverage all employees while acting in the course of their employment. The protection provided shall be governed by the terms and conditions of such insurance policy. ' 20. Professional Fees ' The Corporation agrees to reimburse employees the full cost of membership fees of professional associations directly related to the employee's employment duties. ' -27- LETTER OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE AND - THE CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 74 i 1 1 Future vacancies in the light equipment classification existing ' at the time of purchase of additional vehicles to the fleet during the duration of this contract will be posted. ' Dated at Bowmanville this THIRD day of DECEMBER , 1991 On Behalf of the Corporation of On Behalf of C.U.P.E. , the Town of Newcastle Local 74 �F-PuTy -28- LETTER OF UNDERSTANDING ' BETWEEN: ' THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE CANADIAN UNION OF .PUBLIC EMPLOYEES AND ITS LOCAL 74 ' 1. It is understood that vacancy adjustments required as a result of moving all employees to a current system would be subject to existing scheduling requirements and that ' vacation selection must not interfere with the overall efficiency of the employee's department. The vacation days entitled to adjust employees to the current system must be ' scheduled and used by December 31, 1992. 2.a) The parties will establish an evaluation committee for internal equity purposes which will consist of four (4) ' Union members (two (2) of whom shall have been on the past pay -equity committee) and four (4) members of management. Each party may have one (1) advisor. The parties will t examine classifications based upon the same criteria as used in McDowall's job evaluation plan. b) Job fact sheets shall be distributed by September 1, 1991. , The joint committee shall begin its assessment on or about October 1, 1991. Recommendations will be made to Council on or about March 1, 1992. Any increases which may be ' recommended would be effective July 1, 1992, as approved by Council. The grids on the inside wage schedules will be used as a guide for the placement of persons in the outside classifications in order to determine an immediate wage increase for any individual so entitled. DATED AT Bowmanville this. . THIRD, .day of. . . . . . . PJECEMRER. . . .1991. ON �BEHALF OF THE UNION ON BEHALF OF THE CORPORATION ' J� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � Collective � Agreement ' Between � ewcasfCe ' THE TOWN OF ONTARIO � And � C. U P. E . Local 74 1 � 1991 - 1992 1 1 � INSIDE t 1 INSIDE COLLECTIVE A RE � G INDEX Article 1 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 ' Article 2 - Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 1 Article 3 - No Discrimination. . . . . . . . . . . . . . . . . . .. . . .Page 1 Article 4 - No Coercion. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 Article 5 - No Strikes or Lock-Outs. . . . . . . . . . . . . . . . .Page 2 Article 6 - Corporation Rights. . . . . . . . . . . . . . . . . . . . . .Page 2 Article 7 - Union Security. . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 Article 8 - Grievance Procedure. . . . . . . . . . . . . . . . . . . . .Page 3 Article 9 - Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 4 Article 10 - Management Grievances. . . . . . . . . . . . . . . . . . .Page 5 Article 11 - Union Committee. . . . . . . . . . . . . . . . . .. . . . . . .Page 5 Article 12 - Seniority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 6 Article 13 - Probationary Employees. . . . . . . . . . . . . . . . . .Page 6 Article 14 - Temporary Employees. . . . . . . . . . . . . . . . . . . . .Page 6 ' Article 15 - Loss of Seniority. . . . . . . . . . . . . . . . . . . . . . .Page 7 Article 16 - Seniority Applied to Promotions and Transfers. . . . . . . . . .. . . . . . . . . . . . . . . . . . .Page 7 Article 17 - Transfers to Supervisory Positions. . . . . .Page 8 ' Article 18 - Job Posting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 8 Article 19 - Leave of Absence. . . . . . . . . . . . . . . . . . . . . . . .Page 9 tArticle 20 - Seniority Applied to Lay-Offs and Recalls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 11 Article 21 - First-Aid Kits. . . . . . . . . . . . . . . . . . . . . . . . . .Page 12 Article 22 - Safety Provisions. . . . . . . . . . . . . . . . . . . . . . .Page 12 Article 23 Benefit Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 13 ' Article 24 - Vacations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 13 -2- Article 25 - Paid Holidays. . . . . . . . . . . . . . . . . . . . . . . . .Page 15 ' Article 26 - Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 16 Article 27 - Job Security. . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 17 ' Article 28 Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 17 Article 29 - Termination or Amendment. . . . . . . . . . . . . . . .Page 17 Schedule "A" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 19 Schedule "B". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 22 Memorandum of Understanding. . . . . . . . . .. . . . . . . . . . . . . . . .Page 24 1 Expiry Date: December 31, 1992 COLLECTIVE AGREEMENT BETWEEN: THE MUNICIPAL CORPORATION OF THE TOWN OF NEWCASTLE (hereinafter referred to as the "Corporation") OF THE FIRST PART AND: THE CANADIAN UNION OF PUBLIC EMPLOYEES & ITS LOCAL 74 (hereinafter referred to as the "Union") OF THE SECOND PART Inside Agreement Article 1 - Purpose 1.01 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 2.01 The Corporation recognizes the Union as the sole and exclusive bargaining agent for all office, clerical and technical employees of the employer, save and except Secretary to the Chief Administrative Officer, Secretary to the Clerk, Secretary to the Director of Public Works, Secretary to the Fire Chief, Secretary ' to the Mayor, and Secretary to the Treasurer, supervisors and persons above the rank of supervisor, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation periods. 2.02 Employees whose jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit, except for purposes of instruction, experimenting, emergencies when regular employees are not available, or as incidental to the regular performance of supervisory duties. 1 Article 3 - --No Discrimination ' 3.01 The Corporation and the Union agree that there will be -2- no discrimination, interference, restriction or coercion , exercised or practised by any of its representatives with respect to any employee because of the employee's membership or non-membership in the Union. ' Article 4 - No Coercion 4.01 The Union agrees that there will be no intimidation, interference, restriction or coercion exercised or practised on employees of the Corporation by any of its members or representatives and that there will be no Union activity, solicitation for membership or collection of dues on Corporation time, and no meetings on Corporation premises except with the prior permission of the Corporation. Article 5 - No Strikes Or Lock-Outs 5.01 The Union agrees that there shall be no strike during the term of this Agreement and the Corporation agrees that there shall be no lock-out during the term of this Agreement. 5. 02 The words "strike" and "lock-out" shall be as defined ' in the Ontario Labour Relations Act. Article 6 - Corporation Rights ' 6 .01 The Union acknowledges that it is the exclusive function of the Corporation to: ' 1. Maintain order, discipline and efficiency and to make, alter, and enforce from time to time , reasonable rules. 2. Hire, promote, demote, transfer, re-classify, discipline or suspend employees, to discharge any ' employee for just cause provided that a claim by an employee who has acquired seniority that the employee has been discharged without just cause may be the subject of a grievance and dealt with as hereinafter provided. 3 . Operate and manage its operations in all respects t in accordance with its commitments and responsibilities and in pursuance of its policies, decide on the number of employees needed in any , classification, establish job qualifications, determine location of offices, the schedules of . .. . ... . ... .. . -3- operation, the assignment of work methods P 9 , processes and means of operating, and the extension, curtailment and cessation of operations. 4. The Corporation agrees that these functions shall be executed in a manner consistent with the express terms of the Agreement and subject to the right of the employee to lodge a grievance as set out herein. Article 7 Union Security 7.01 The Corporation recognizes the Union as the sole collective bargaining agent for the said employees for the duration of this Agreement. 7.02 A new employee shall have deducted from the employee's salary an amount equal to the current monthly dues. 7.03 The Treasurer of the Corporation shall deduct an amount equal to Union dues from the wages of all employees each pay and shall remit such an amount by the fifteenth (15th) day of the following month to the Union. The Corporation shall be notified in writing at least thirty (30) calendar days prior to any 1 required change in Union dues' assessment. 7.04 In consideration of the Corporation deducting and remitting the initiation fees and monthly dues to the Union in accordance with the terms of this Article, the Union will indemnify and save harmless the Corporation from any and all claims and demands which may be made against it for any monies deducted and remitted to the Union. Article 8 - Grievance Procedure 8.01 A grievance shall be defined as a written complaint regarding the interpretation, application or alleged violation of the terms and provisions of this Agreement, or in the case of an employee who has acquired seniority under this Agreement, a complaint that the employee has been discharged or disciplined without just cause. All grievances shall bear the signature of the employee except for policy grievances, which shall be signed by the Union President. Grievances shall be dealt with in the following manner: Step 1 ' The employee, assisted by a union steward, shall submit -4- a signed and written statement of the grievance within ten (10 ) working days of the occurrence which gave rise to the grievance. The supervisor will respond within two (2) working days from the day in which the grievance was presented to him. Failing settlement, then: Step 2 ' Within five (5) working days following the decision in Step 1, the employee shall, with the assistance of the steward, present the written grievance to the Department Head. The Department Head shall have five (5) working days to review the matter and respond in writing to the parties concerned. Failing settlement, then: Step 3 Within five (5) working days following the decision in Step 2, the employee, assisted by the Grievance Committee and/or representative of the Union, may take the matter up with the Chief Administrative Officer. The Chief Administrative Officer shall have five (5) working days following the meeting to respond to the grievance. Failing settlement at this level, the matter may then be referred to Arbitration within five (5) working days of the Chief Administrative Officer's response. 8.02 Time limits in this Article may be extended by mutual agreement of the parties. 8.03 An employee, other than a probationary employee, ' claiming that the employee has been discharged from employment without just cause shall file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step No. 2 of the Grievance Procedure provided such grievance is lodged with the Department Head within five (5) working days of the discharge. Article 9 - Arbitration 9.01 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 procedure will be settled by arbitration , as defined in Section 44(2) of the Ontario Labour Relations Act, as amended from time to time. 9.02 Expenses of the Board ' Each party shall pay: (1) The fees and expenses of the Arbitrator it ' appoints. 1 -5- (2) One-half (1/2) of the fees and expenses of the Chairman. 9.03 The Arbitration Board shall have no power to alter the terms of the Agreement or to make any decision which is inconsistent with the terms of the Collective Agreement. 1 article 10 - Management 10.01 The Corporation may bring forward at any meeting with the Union Committee any complaint or grievances, and 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 the arbitration provisions. Article 11 - Union Committee 11.01 The Union shall appoint or otherwise select a Union Committee composed of not more than three (3) employees inside and three (3) employees outside, one (1) of whom shall be the President, and the Corporation will recognize and deal with the said committee with respect to any matter which may arise from time to time during the term of this Agreement, including grievances in the manner as set forth in Article 8 and the negotiating of a new Collective Agreement. 1 11 .02 The Union shall advise the Corporation of the personnel serving on this committee. 11.03 a) Compensation for Union Committee The Union acknowledges that 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 the immediate supervisor and on the completion of such duties shall report back to the supervisor, or to any job to which the employee has previously been 1 directed, and give any reasonable explanation which may be requested with respect to their absence. Such permission shall not be withheld unreasonably. b) The Union shall make every reasonable effort to comprise the Union Committee with members from different departmental areas. -6- Article 12 - Seniority 12.01 Seniority shall commence and accumulate from the date on which an employee was last employed full-time by the Corporation or the Municipalities making up the Corporation, provided such service is continuous. 12.02 A seniority list will be established for all employees covered by this Agreement who have completed their probationary periods, based upon each employee's last date of hiring. It is agreed that such seniority list shall be revised and posted on January 2nd, and June 1st of each year and a copy filed with the Union. This will include the names of the employees, their classifications, and their respective dates of hire. For the purpose of clarity, seniority is on a unit-wide basis. Seniority will be calculated on time actually worked, which will include time off for paid vacations. Seniority will continue to accumulate during periods of absence due to illness or injury for up to twelve (12) consecutive months. Article 13 - Probationary Employees 13.01 An employee shall be considered a probationary employee , until the employee has worked a total of sixty (60) days within any continuous six (6 ) month period and during this time shall ' have no seniority rights. It is expressly understood by both parties that during the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at any time at the sole discretion of the employer. ' 13.02 Upon successful completion of the probationary period, an employee's name shall be placed on the appropriate seniority , list and the employee's seniority shall date back to the employee's last date of hire. Article 14 - Temporary Employees , 14.01 A temporary employee is a person who fills a temporary vacancy that is caused by the absence of the incumbent due to sickness, injury, vacation, leave of absence, or a person who is temporarily retained to handle work overflow in cases of excess , work load during peak periods. 14.02 A temporary employee who remains in the employ of the Corporation for longer than six (6) months within any continuous twelve (12) month period without the prior written approval of the Union, or who has been accepted by the Corporation as a regular full-time employee, shall thereupon cease to be ' considered a temporary employee. Should this happen, continuous -7- service since the last day of hire as a temporary employee shall be included in the computation of the employee's probationary period. 14.03 Temporary employees shall be covered by the terms of the Agreement except for the following: Articles 11, 12, 13, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, Number 6 of Schedule "B" and they shall not be entitled to Article 8 or 9 with respect to discharge or termination. Temporary employees shall not be employed while regular employees are on layoff. Article 15 - Loss of Seniority 15.01 Seniority rights and an employee's employment shall be terminated at once if the employee: a) Voluntarily terminates employment; b) Retires or is retired at age 65; C) Is discharged, and such discharge is not reversed through the grievance procedure; d) Is laid off continuously for a period of more than twelve (12 ) months; 1 e) Has been laid off and fails to return within five (5) working days after the employee has been notified to do so by the Corporation through registered mail, addressed to the last address on record with the Corporation. The Corporation may extend the five (5) day period under extenuating circumstances. f) While laid off, fails to keep the Corporation informed of the employee's correct home address and telephone number. Article 16 - Seniority Applied To Promotions And Transfers 16.01 Promotions and/or transfers within the bargaining unit will be based primarily on the skill, ability, experience and qualifications of the employees concerned, but as between two (2) persons of approximately equal standing based upon the above factors, seniority shall govern. The secretary of the local will be advised as to pending transfers or promotions. 16.02 a) It is expressly understood that management reserves the right to deny an employee hired after April 3rd, 1985, promotion or transfer to a position where such promotion or transfer would result in that employee being directly supervised by an immediate ' family member. -8- 16.02 b) The term "immediate family" shall be defined to include i mother, father, spouse, son, daughter, sister, brother, aunt, uncle, grandparent or grandchild. Article 17 Transfers To Supervisory Positions 17.01 If an employee is, or has been a member of the bargaining unit and is transferred to a position outside this Agreement, and accordingly is not subject to the provisions of this Agreement, the employee shall retain his previous seniority for a period not to exceed two (2) calendar years. If transferred back to a position subject to the provisions of this Agreement, the employee shall carry this accumulated seniority, but will not be credited with seniority accumulated outside the unit. Article 18 - Job Posting 18.01 In the event new jobs are created or vacancies occur within the bargaining unit the Corporation will post such new jobs or vacancies for a period of five (5) working days before new employees are hired in order to allow employees with seniority to apply in writing. The Corporation further agrees that there will be no outside advertising until all internal applicants have been advised that they do not match the required criteria for the job. As a courtesy to the Union, all non-union positions will be posted. 18.02 a) Temporary vacancies in any classification shall be , considered as vacancies that are caused by the absence of the incumbent due to sickness, injury, vacation or other leave of absence. Such temporary vacancies are not required to be posted. However, such temporary vacancies shall be offered to the most ' senior employee willing to accept the position who is within the same area of responsibility and also qualified to fill the vacancy. Subsequent vacancies may be filled by a temporary employee. b) However, where the temporary vacancy is expected to last for six (6) months or longer, the temporary vacancy will be posted for five (5) working days in order that all employees have an opportunity to consider applying to fill the vacancy. These extended temporary vacancies will be offered to the most senior employee within the bargaining unit who has the skill, ability and qualifications to perform the work within the vacated position. 18.03 The Corporation shall notify the Union of the appointment of the successful applicant within fifteen (15) days of the filling of the position. t -9 i18.04 The successful applicant to a job posting shall be subject to a trial period of thirty (30) days worked. During that time, the successful applicant may choose to return or the employer may elect to return the employee to the classification from whence he came. In such event, and in all subsequent placements, the affected employees would be returned to their ' prior classifications. Article 19 - Leave Of Absence 19.01 The Corporation may grant leave of absence without pay or without loss of the employee's then accumulated seniority or occupational classification, to any employee requesting such leave for a good and sufficient cause. This request to be made thirty (30) days in advance if possible and a reply will be given within seven (7) days if possible. The employee's benefits will continue for leaves of up to thirty (30) days at the expense of the Employer. If such leave is for a period longer than thirty (30) days, the employee shall pay benefits in advance for that period of leave in excess of thirty (30) days. 19.02 a) The Corporation shall grant upon reasonable notice in writing, a leave of absence for a specified period of time, for full-time union duties, without pay or benefits, but without loss of seniority, upon the following conditions: i) only one leave of absence within the bargaining unit will be considered or permitted in any twelve (12) month period; the Corporation shall grant an extension to the leave of up to one (1) year upon written notice which specifies the duration of the extension; ( ii) only one employee may be absent at any one time; iii) no one individual will be entitled to a mandatory leave under this Article for more than a total of twenty-four (24) months; iv) any further or extended leaves of absence other than those permitted by paragraphs i) , 1 ii) and iii) shall be at the sole discretion of the Corporation. b) It is understood that, for the purposes of this Article, the Inside and Outside bargaining units shall be deemed to be one bargaining unit and that only one employee in total shall be granted leave of absence under these provisions. -10- 19.03 Leave of absence, without pay, for attendance at Union , conventions, meetings, seminars, and schools, will be granted to not more than two (2) employees, for a period not to exceed sixteen (16) days in any one (1) year, provided that it does not interfere with the efficient operation of the Corporation. Where possible the employee shall give the Corporation twenty-one (21) days written notice. 19.04 All requests for leaves of absence shall be in writing. 19.05 An employee on leave of absence may accumulate seniority only under above sub-sections 19.02 and 19.03 and then only during the first three (3) months of a granted leave of absence. 19.06 a) An employee shall be eligible for maternity leave or parental leave in accordance with the Employment Standards Act or other applicable legislation. b) It is understood, however, that the maternity leave shall be extended to six (6) months where the employee so requests in writing prior to commencement of the leave. In exceptional circumstances arising out of medical complications associated with the birth of the child, request for the extension to maternity leave may be made during the first twelve (12) weeks of maternity leave. c) Employees shall continue to accumulate seniority during periods of absence on maternity leave except for the purposes outlined in paragraphs 24.08, 26.01 (b) and Schedule `A' , number 4. d) A temporary employee who fills the vacancy will be considered a temporary employee under Article 14.02 for the full , six (6) months. 19.07 Paternity Leave An employee will be entitled to up to one (1) full day's leave of absence without loss of pay for the purpose of being in attendance an the day of the birth of his child. 19.08 Adoption Leave a) The employer shall grant a leave of absence , without pay to an employee who has adopted a child. The employee will provide the Town with notice of being accepted as an , adoptive parent candidate and will provide notice of the adoption leave date as far in advance as possible. The adoption leave will be taken at the time the adoption care is to commence and will continue for a maximum for six (6) months. 1 1 -11- 1 b) Seniority will continue to accumulate during absence due to approved adoption leave except for the purposes outlined in paragraphs 24.08, 26.01 (b) and Schedule `A' , number 4. c) A temporary employee who fills the vacancy will be considered a temporary employee under Article 14.02 for the full ' six (6) months. 19.09 Jury Duty An employee called for jury duty or who is subpoenaed as a witness in any court, will be granted leave of absence without loss of pay for the duration of such duty, less any fee paid for the service and subject to the Clerk of the Court certifying the time. 19.10 Bereavement leave An employee shall be granted time off for bereavement leave upon notification to the Department Head or his designate prior to the leave without loss of pay according to the schedule below, following the date of death, for attendance at, or arranging for the funeral of: a) An employee's spouse, common-law spouse, son or daughter, up to five (5) consecutive working days; b) A father, mother, father-in-law, mother-in-law, sister or brother, up to three (3) consecutive working days; c) An employee's grandmother, grandfather, son-in ' law, daughter-in-law, sister-in-law, brother-in- law, or grandchild, up to two (2) consecutive working days; d) An additional two (2) days travelling time, without pay, may be granted by the Department Head or his designate to permit the employee to attend a funeral in the family that is to be held at a distant point. Article 20 - Seniority Apolied To Lay-Offs And Recalls 20.01 A lay-off of employees shall be made on the basis of the seniority list, provided that the employees who are entitled to remain on the basis of seniority are willing and qualified to do the work which is available. When recalling employees who have been laid off, the recall will also be made on the basis of seniority and qualifications. -12- 20.02 Unless legislation is more favourable to the employees, the employer shall notify employees who are to be laid off ten (10) working days prior to the effective date of the lay-off. If the employee has not had the opportunity to work the days as provided in this Article, the employees shall be paid for days for which. work was not available. 20.03 All employees shall be obliged to notify the , Corporation in writing as soon as possible of a change of address or telephone number. Article 21 - First-Aid Kits 21 .01 First-Aid Kits will be supplied by the Corporation and kept in places easily accessible to all employees including each vehicle regularly operated by an employee on behalf of the Corporation. It will be the responsibility of both parties to see that the kits are properly cared for and maintained. The operator of the vehicle will be responsible for its use and will be required to notify the employee's Supervisor in writing when it has been used so that a replacement can be made. Article 22 - Safety Provisions 22.01 It is mutually agreed that both parties will co-operate to the fullest extent in the prevention of accidents, and with some promotion of safety and health as is deemed necessary. 22.02 a) An employee prevented from performing their regular work with the Employer on account of an occupational accident that is recognized by the Workers' Compensation Board as compensable within the meaning of the Workers' Compensation Act, shall receive from the Employer the difference between the amount payable by the Workers' Compensation Board and their regular net salary. Such payment shall be charged against and be limited to the amount of accrued sick leave credits. b) In the event an employee is found not to be entitled to workers' compensation payment, the Corporation will be entitled to full reimbursement of monies paid to the employee by the Corporation by way of deduction of the appropriate amount from the employee's subsequent earnings. Article 23 - Benefit Plan 23.01 On completion of the probation period, the Corporation agrees to provide the following coverage consistent with the rules and regulations of the plans and to pay the premium as set out opposite the plan. The plans are: 1 -13- ra) Group Life Insurance based on two (2) times annual earnings to a maximum of $125,000.00. Participation in the life insurance plan is compulsory for all employees. 100% b) Extended Health Benefits, Major Medical benefits with prescription drug plan and semi-private hospital coverage 100% c) Prescription glasses maximum one hundred and seventy-five dollars ($175.00) per person in any two (2) policy years 100% d) Dental Plan equivalent to Blue Cross #9, major restorative, and orthodontic for children. The O.D.A. Fee Schedule shall be the schedule of the year prior to the current year. 100% e) Long Term Disability Plan - 70% of wages to a maximum of two thousand, five hundred ($2,500.00) dollars per month 100% t23.02 The Employer agrees to continue participation in the Ontario Municipal Employees Retirement Plan as provided by the 1 Ontario Municipal Employees Retirement Systems Act. 23.03 Any change in the Benefit Plan shall be a matter of negotiations between the parties except that the Corporation shall have the right to designate the carrier. 23.04 In cases of absence due to illness or injury, the Corporation will continue to pay the premium cost of the employee's health and welfare benefits for up to fifteen (15) months from the first day of absence. Thereafter, the employee may elect to pay his own benefit premiums in accordance with the terms and conditions of the master insurance policies so long as the individual's employment status continues with the Corporation. 23.05 It is agreed that the full employee's portion of any reduction in unemployment insurance commission premiums resulting directly from U.I.C. approval of the improved weekly indemnity plan is included as part of the improved benefits contained in the Collective Agreement. 1 =icle 24 - vacations 24.01 An employee will be entitled to receive an annual vacation with pay in accordance with his years of employment, as follows: -14- on completion of less than one one working day for each com- year of employment in a calendar pleted month of employment to year a maximum of ten working days calculated as of December 31st ' of the year in which employ- ment commenced In the calendar year of the ' ist anniversary and each year thereafter 2 weeks , In the calendar year of the 4th anniversary and each year thereafter 3 weeks In the calendar year of the 10th anniversary and each year thereafter 4 weeks In the calendar year of the 19th anniversary and each year thereafter 5 weeks In the calendar year of the 27th anniversary and each year thereafter 6 weeks 24.02 New employees shall not be entitled to take vacation t within the first six (6) months of employment except by mutual agreement of the parties. 24.03 Vacations may be scheduled in advance of the employee's anniversary date and subject to the proviso that, should the employee who has received his vacation entitlement prior to his anniversary date also terminate his employment or be terminated prior to that date, he shall be required to reimburse the employer for the overpayment by way of deduction from his pay cheque. 24.04 Seniority for the purposes of vacation preference shall only apply to the first two (2) weeks of vacation requested. 24.05 Vacations may be scheduled anytime in the calendar year and every effort will be made to post the schedule by March 31st ineach year. Such list shall give effect to scheduling vacation dates on the basis of seniority consistent with the efficient operation of the department. All vacations will be scheduled by the Department Head or designate and may be changed if mutually agreed by both parties. _15- 24.06 For each week of vacation to which the employee is entitled, an employee will be paid as vacation pay thirty-five (35) hours pay or forty (40) hours pay depending on the employee's normal work week, or two percent (2%) of his earnings in the previous calendar year, whichever is the greater. 24.07 An employee will be eligible to carry over up to five (5) days entitlement to the following vacation year subject to the prior approval of the Corporation. 24.08 Employees shall not accumulate nor accrue entitlement to vacation days during period of absence due to illness or injury in excess of ninety (90) calendar days. Employees shall not accumulate nor accrue entitlement to vacation days during other periods of absence including approved leave, maternity leave and adoption leave. Article 25 —Paid Holidays 25.01 The Corporation agrees to pay employees for each of the holidays listed hereunder, the celebration of which falls on their regular scheduled working day, which they would otherwise have worked had it not been a holiday, a sum equivalent to their current hourly day rates for the number of hours they would have worked on such a day, provided they complete the regularly assigned hours of work on the day immediately prior to and following the day of the celebration of the holiday, unless otherwise mutually agreed. The holidays are as follows: New Year's Day Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Canada Day One Floating Holiday Civic Holiday 1/2 Working Day before Christmas and 1/2 Working day before New Year's day and any other holiday proclaimed by the Provincial or Federal Governments. The floating holiday will be celebrated by mutual agreement of the Corporation and employee. 25.02 If one of the holidays set out in Clause 25.01 is celebrated on a Saturday or Sunday, it shall be observed on the preceding Friday or Monday following the holiday concerned, or paid for on the same basis as set out in Clause 25. 01, at the discretion of the Corporation. The decision of which day, Friday or Monday, will be allocated as the holiday shall be conveyed to the Union at least twenty-one (21) days prior to the holiday. -16- 25.03 Employees required to work on the day the holiday actually falls will be paid double time their regular rate for actual hours worked in addition to holiday pay. Employees required to work on a day of observation of the holiday as ' scheduled under Art. 25.02 will be paid one and one-half (1-1/2) times their regular rate for actual hours worked, in addition to the holiday. 25.04 If a Statutory Holiday falls on a regular working day during an employee's vacation period, the employee shall be ' granted another day off with pay in lieu thereof, or payment for the holiday at the option of the Department Head or his designate. 25.05 If a paid holiday occurs on an employee's scheduled day off the employee shall receive another day off with pay in lieu of the holiday. The lieu day shall be taken at a time mutually satisfactory to the employee and the corporation. Article 26 - Sick Leave ' 26.01 (a) An employee who has completed the probationary period of employment will be entitled to one (1) day per month accumulative sick leave retroactive to date of hire, at the regular rate of pay, which will be accumulative to a maximum of two hundred and forty (240) days. ' (b) Employees shall not accumulate sick leave credits during periods of absence. However, sick leave credits will continue to accrue `to employees while they are absent on sick ' leave pursuant to Article 26 for a maximum of two hundred and forty (240) days. 26.02 One-half (1/2) of the unused accumulated days, not to , exceed two hundred and forty (240) days, •will be paid to the employee upon cessation of the employment after the employee has completed five (5) years of service, but only up to a maximum ' allowed by the Municipal Act. 26.03 If an employee dies before retirement, one-half (1/2) of the unused accumulated days [not to exceed two hundred and forty (240) days] will be paid to his beneficiary, but only up to the maximum allowed by the Municipal Act. ' 26.04 When claiming sick pay, an employee will, if required to do so, furnish a Doctor's certificate after the third (3rd) day of illness. -17- 26.05 Any employee having more than two hundred and forty (240) days sick leave standing to his credit prior to the effective date of this Agreement will be credited with those days, but no accumulation beyond two hundred and forty (240) days or the noted excess, as the case may be, will be permitted in future. 26.06 Any employee who qualifies for sick leave pay, shall receive full pay so long as the employee's credits last. However, bereavement leave shall not be charged to sick leave credits. 26.07 Except for persons who are on sick leave at the time of ' notice of lay-off, sick leave credits shall not be used by those employees who have received a notice of lay-off and who are absent from work as a result of lay-off. Article 27 - -Job Security 27.01 No employee in the employ of the Corporation shall be laid off as the result of contracting, leasing, assigning or conveying work to any other person or Employer. 1 article 28 - Schedules 28.01 Attached hereto and forming part of the Agreement are: Schedule "A" - Wages and Job Classifications Schedule "B" - Hours of Work and Working Conditions Article 29 ---Termination or Amendment 29.01 This Agreement will be effective from January 1st, 1991 until December 31st, 1992, and from year to year thereafter unless either party gives notice in writing within ninety (90) days of the expiry date in any year of their desire to amend or terminate. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS THIRD DAY OF DECEMBER , 1991 1 i t 1 -18- SIGNED SEALED AND DELIVERED- IN THE PRESENCE OF: 1 THE MUNICIPAL CORPORATION CANADIAN UNION OF PUBLIC 1 OF THE TOWN OF NEWCASTLE EMPLOYEES I S LOCAL 74 r ' 1 t i 1 1 t 1 i 1 t -19- Inside Collective Agreement Schedule "A" WAGES AND JOB CLASSIFICATIONS January 1, 1991 Code Classification Start 6mths 12mths 18 hs 24mths 30m#hs 5 Vacant 19,670 20,741 21,813 22,889 6 Clerk Typist I 20,715 21,850 22,984 24,167 7 Parking Enforcement 21,767 22,898 24,083 25,334 10 Accounting Clerk I 24,280 25,776 27,271 28,769 30,265 ' Accounting Clerk II Clerk Typist II Computer Operator Engineering Tech.I Permit Clerk Public Receptionist Revenue Clerk I Revenue Clerk II 11 Payroll Clerk I 25,756 27 , 347 28,934 30 ,523 32,112 Programmer I 12 Vacant 27, 347 28,934 30,523 32 ,112 33 ,859 13 Engineering Tech.II 28,981 30,800 32,594 34 ,384 36,178 Revenue Clerk III Accounting Clerk III ' Draftsperson Payroll Clerk II Planning Technician t14 Accountant 30,635 32,526 34,419 36,313 38,204 Building Inspector By-Law Enforcement Off. ( Engineering Tech. III Plumbing Inspector Programmer II 15 Planner 32,408 34,483 36,414 38,420 40,424 16 Engineering Super. 36,999 38,165 39,332 40,164 40,996 42,499 41 800 43 368 44 413 45 980 47 025 48,593 18 Sr. Planner , , ' * 1991 Reclassification i -20- Inside Collective Agreement ' Schedule "All WAGES AND JOB CLASSIFICATIONS January 1, 1992 Code Classification Start 6mths 12mths 18mths 24mths 30mths 5 Vacant 20,555 21,675 22,795 23,919 6 Clerk Typist I 21,647 22,833 24,018 25,254 7 Parking Enforcement 22,747 23,928 25,167 26 ,474 ' 10 Accounting Clerk I 25,372 26,936 28,499 30,063 31,627 ' Accounting Clerk II Clerk Typist II Computer Operator Engineering Tech.I Permit Clerk Public Receptionist Revenue Clerk I Revenue Clerk II 11 Payroll Clerk I 26,915 28, 577 30,236 31,897 33 ,557 ' Programmer I 12 Vacant 28 ,577 30, 236 31,897 33,557 35,383 13 Engineering Tech.II 30,285 32 ,186 340,060 35,931 37,806 , Revenue Clerk III Accounting Clerk III ' Draftsperson Payroll Clerk II Planning Technician 14 Accountant 32,014 33 ,989 35,968 37,947 39,923 Building Inspector By-Law Enforcement Off. * ' Engineering Tech. III Plumbing Inspector Programmer II , 15 Planner 33,866 36,035 38,053 40,149 42,243 16 Engineering Super. 38,664 39,883 41,102 41,971 42,841 44,412 18 Sr. Planner 43 ,681 45, 319 46,411 48,049 49,141 50,779 * 1991 Reclassification ' -21- n Schedule "All 1. Employees promoted to a classification with a higher job rate than their own shall be placed at the first increment level on the new classification scale which provides an increase in salary. Thereafter, the employee shall move to the next increment level on completion of the required time in the new position within the classification. 2. When an employee who is selected through the job posting procedure is thereby transferred to a position in a lower grade, the employee will be placed at a pay ' level nearest to, without being greater than, their. pay at the time of the transfer. 3. When an employee is detailed to relieve on a temporary ' basis for any period in a position of lower rating, they shall maintain their regular rate of pay while so assigned. 4. Employees shall not accumulate credited service for the purpose of progression through the wage grids during periods of approved leaves of absence, maternity leave, adoption leave, or during periods of absence due to illness or injury in excess of ninety (90) calendar days. -22- , Inside Collective Agreement ' Schedule "B" HOURS OF WORK AND WORKING CONDITIONS 1. The regular work week for all employees shall consist of five (5) seven (7) hour days, from Monday to Friday inclusive. The regular work week shall be 8:30 a.m. to 4:30 p.m. , with a one (1) hour unpaid lunch. The parties have agreed to implement summer hours - 8:00 a.m. to ' 4:00 p.m. - during the period between Canada Day and Labour Day. The regular work week for Accounting Clerks - Public Works shall ' be five (5) seven (7) hour days, from Monday to Friday inclusive. The regular work day shall be 8:00 a.m. to 3:30 p.m. with one- ' half (1/2) hour unpaid lunch. 2.a) Authorized hours worked over and above seven (7) hours or thirty-five (35) hours shall be paid for at the rate of time and one-half (1-1/2) the employee's regularly scheduled rate of pay. Time off in lieu of overtime may be granted at a rate of one (1) hour for each hour worked with the approval of the Department , Head. b) The Corporation shall pay double time for all hours worked on a ' Sunday except where regularly scheduled. 3. Call-Out Pay When employees are called out in an emergency they will not , receive less than three (3) hours pay at overtime rates. More than one (1) call out within the time period specified above , shall be considered as continuous. 4. Meal Allowance All employees required to work more than three (3) hours past ' their normal quitting time, or when called out in an emergency for more than three (3) hours, shall qualify for a meal allowance ' to a maximum of seven dollars ($7.00) . (Effective January 1st, 1992 - $7.50) . Proper accommodation shall be provided for employees to have ' their meals. -23- ' S. Mileage Employees required to use their own vehicles for business purposes will be reimbursed at the rate of thirty-two cents (32c) per kilometer for all kilometers travelled for the Corporation in 1991. (Effective January 1st, 1992 - 34c per kilometer) . Mileage claims shall be submitted to the Department Head .on the first working day of each month and claims will be paid to employees on or about the seventh (7th) day of each month. 6.a) On presentation of a receipt for same, the Corporation agrees to pay up to eighty-five dollars ($85.00) per year towards the cost of C.S.A. approved safety boots, to the Plumbing and Building Inspectors, Engineering Technicians and Accounting Clerks - Public Works and By-law Enforcement Officer. (Effective January 1, 1992 $90.00) b) The Corporation reserves the right to specify the type of CSA approved safety boot to be worn. Where the cost of this safety boot is more than the prevailing boot allowance, the Corporation shall cover the cost of the greater amount. c) The Corporation will provide such tools and equipment as are necessary ' to carry out the work of the Corporation. Employees will use such equipment with reasonable care. 7. The Corporation agrees to supply, as required, summer and winter ' uniforms, including boots and winter gloves to the Parking Enforcement Officer. ' 8. The Corporation agrees to provide bulletin boards for each office on which the Union shall have the right to post notices of meetings, and such other notices as may be of interest to the employees subject to ' management approval. 9. An employee shall be permitted a rest period of fifteen (15) consecutive minutes in each half shift. ' 10. Employees shall be paid bi-weekly. ' 11. The Corporation agrees to maintain Public Liability and Errors and Omissions Insurance coverage for damages and costs to the limits determined from time to time by Council and shall include in the ' definition of insured under said insurance coverage all employees while acting in the course of their employment. The protection provided shall be governed by the terms and conditions of such insurance policy. ' 12. The Corporation agrees to reimburse employees the full cost of membership fees of professional associations which are directly related to the employee's employment duties. -24- MEMORANDUM OF UNDERSTANDING , .BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74 1. Whereas the parties have agreed to amend the recognition clause to the Inside Collective Agreement, it is hereby agreed that the following positions are supervisors or persons above the rank of supervisor as ' per Article 2.01: Chief Administrative Officer ' Directors of Planning and Development, Community Services and Public Works, Clerk, Treasurer and corresponding Deputies ' Systems Manager Revenue Supervisor/Tax Collector Chief Building Official Senior By-law Enforcement Officer ' Works Foremen Manager of Engineering Manager of Operations ' Operations Superintendent Program/Community Relations Director Facility Manager , Parks and Cemetery Manager Assistant to Programme Manager Purchasing and Supply Agent - Program Manager ' Recreation Co-ordinator Manager Strategic Planning Manager Development Review , Supervisor of Plans Examination and Inspection 2. The Corporation recognizes the Union as the sole and exclusive bargaining agent for all office, clerical and technical employees of ' the employer, save and except: Executive Assistant to the Mayor Executive Assistant to the Chief Administrative Officer Administrative Assistant to the Director of Public Works Administrative Assistant to the Treasurer ' Administrative Assistant to the Director of Planning and Development Confidential Secretary to the Clerk Confidential Secretary to the Fire Chief ' Confidential Secretary to the Mayor and members of Council -25- Supervisors and persons above the rank of supervisor, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation periods. r 3. The parties further agree that the current Engineering Supervisor predominantly performs bargaining work and therefore is deemed to be part of the bargaining unit notwithstanding the title of the position. Dated at Newcastle this. . . .TUTU. . .day of. . . . . .U MBEM. . . . .1991. ON BEHALF OFTHE UNION ON BEHALF OF THE CORPORATION i 1 —26— LETTER OF UNDERSTANDING 1 BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE 1 AND 1 THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74 1 1. It is understood that vacancy adjustments required as a 1 result of moving all employees to a current system would be subject to existing scheduling requirements and that 1 vacation selection must not interfere with the overall efficiency of the employee's department. The vacation days entitled to adjust employees to the current system must be scheduled and used by December 31, 1992. ' i DATED AT Bowmanville this. .TUM—day of. . . . . .DECUDEB. . . . .1991. ON BEHALF Q THE UNION ON BEHALF OF THE CORPORATION ' oz VU 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1