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HomeMy WebLinkAbout95-144 z THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-144 being a by-law to repeal By-law 89-115 and to authorize execution of a Collective Agreement between the Municipality of Clarington and the Clarington Professional Fire Fighters, International Association of Fire Fighters Local 3139 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a Collective Agreement between the Clarington Professional Fire Fighters, International Association of Fire Fighters Local 3139, and the said Corporation, dated this 16th day of October , 1995, in the form attached hereto as Schedule "A" and forming part of this By-law. 2. THAT By-law 89-115 is hereby repealed. By-law read a first and second time this 16th day of October, 1995. By-law read a third time and finally passed this 16th day of October, 1995. Mayor '' erk CIA COLLECTIVE AGREEMENT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and THE CLARINGTON FIRE FIGHTERS ASSOCIATION LOCAL 3139 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1993 / 1994 Expiry Date: December 31, 1994 COLLECTIVE AGREEMENT BETWEEN: The Corporation of the Municipality of Clarington - and - The Clarington Fire Fighters Association, Local 3139, International Association of Fire Fighters ARTICLE 1 - SCOPE AND RECOGNITION 1.01 The provisions of this Agreement shall apply to all full-time fire fighters of The Municipality of Clarington Fire Department, as defined by the Fire Departments Act of Ontario, and all members who are covered by the classifications listed under the wage schedule forming part of this agreement. The provisions of this agreement exclude the Chief, Deputy Chief, and their designated secretaries. 1.02 The Corporation will recognize up to three (3) members duly elected or appointed to the Association's bargaining committee, as the sole bargaining agent for all full-time fire fighters of the Municipality of Clarington and all members who are covered by the classifications listed under wage schedule of this agreement. The Corporation will deal with this committee in respect to matters which may properly arise from time-to-time during the term of this Agreement. Article 2 - MEMBERSHIP AND DUES CHECKOFF 2.01 All full-time fire fighters who are now members of Local 3139 shall remain so and any new full-time fire fighter of the department shall become a member of Local 3139 within thirty (30) days of completion of the probationary period. 2.02 The Corporation shall deduct from the wages of each employee of the Fire Department to whom this Agreement applies, an amount equivalent to the Association dues of a member of the Association and shall remit monthly to the secretary-treasurer all amounts so deducted with a list of names of employees from whom such deductions have been made. Association dues will be deducted on the first regular deduction date of the month following the date of hire of an employee. 2 ARTICLE 3 - PROBATION 3.01 An employee shall be considered on probation until he has worked a total of twelve months and during this time he shall have no seniority rights. It is expressly understood by both parties that during this 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 Corporation. 3.02 One completed year of dispatch service will provide a three (3)months'credit towards a fourth class fire fighter's probationary service. Two (2) completed years of dispatch service will equal six (6) months' credit towards a probationary fourth class fire fighter's service. Three (3) completed years of dispatch service will equal nine (9) months' credit towards a Probationary fourth class fire fighter's service. This will apply to existing and future dispatchers. 3.03 Upon successful completion of the probationary period, the employee's name shall be placed on the appropriate seniority list and his seniority shall date back to his last date of hire as a full-time employee with the Clarington Fire Department. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Association 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 rules and regulations; 2. Hire, fire,promote, demote, classify, transfer,suspend or otherwise discipline any fire fighter provided that a claim of discriminatory promotion or a claim that a non-probationary employee has been discharged or disciplined without just cause may be subject to a grievance and dealt with as hereinafter provided; 3. Generally to manage the Fire Department, and, without restricting the generality of the foregoing, to determine the number of personnel required from time-to-time, the standards of performance for all fire fighters, the schedules of operation and the assignment of work, the methods, processes and means of operation, and all other matters concerning the department's operations which are not otherwise specifically set out in this Agreement. 4. The Corporation agrees that these functions shall be exercised in a manner consistent with and subject to the express provisions of this Agreement. 3 ARTICLE 5 - RULES AND REGULATIONS 5.01 It is understood that the Chief of the department may make such general orders and departmental rules as may be desirable or necessary for the care, protection and general efficiency of department at operations and that policies and procedures may be established or determined from time-to-time to assist him in his duties. 5.02 It is understood that all full-time fire fighters shall be governed by the rules, regulations, and by-laws of the department and the Corporation. ARTICLE 6 - MEDICAL EXAMINATIONS 6.01 All employees appointed for fire fighting duties will be required to undergo such medical examinations or tests at such times as the Chief of the Department may reasonably require. 6.02 (a) The Corporation reserves the right to request a second opinion from a physician who is mutually agreed to by both parties. (b) If the Municipality requests a second opinion,the Corporation will reimburse the employee for medical costs related to the issuance of a doctor's certificate,only. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 The members of Local No. 3139 of the International Association of Fire Fighters shall, from among their members, appoint a Grievance Committee of three (3) employees and shall forthwith notify the Fire Chief and the Chief Administrative Officer of the names of the members of the committee and of any changes made from time-to-time in the membership of the said committee. 7.02 A grievance shall be defined as a written complaint regarding the application or alleged violation of an express term of this provision or, in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without just cause. All grievances shall bear the signature of the employee and shall state the Article of the Collective Agreement which is alleged to be violated and the remedy sought. 4 7.03 Step 1 Grievances shall be presented to the Fire Chief, or in his absence, to the Deputy Fire Chief, within seven (7) calendar days after the circumstances giving rise to the grievance. Any grievance which is not presented in writing within such time need not be accepted or considered by the Fire Chief or Deputy Fire Chief. The Fire Chief, or in his absence, the Deputy Fire Chief, shall respond to the grievance in writing within seven (7) days after the grievance is submitted to him. Step 2 The griever may appeal to the Chief Administrative Officer within seven (7) days of the decision of the Fire Chief or Deputy Fire Chief and the Chief Administrative Officer shall respond in writing within fifteen (15) calendar days of the date he has received the written grievance. Failing settlement at this level, the matter may then be referred to Arbitration within seven (7) days of the Chief Administrative Officer's response. 7.04 All members of Local 3139 shall be advised of their right to have a representative of the Executive Board of Local 3139 present at all disciplinary hearings with management after a formal written reprimand has been issued. ARTICLE 8 - ARBITRATION 8.01 Properly constituted grievances which have proceeded through the grievance procedure outlined above may proceed to arbitration as provided by the Section 7 of the Fire Departments Act, R.S.O. 1990, C. 164 as amended. Written notice of Arbitration shall be forwarded to the other party within thirty (30) calendar days of the decision rendered under Step 2 of the grievance procedure. ARTICLE 9 - HOURS OF WORK 9.01 Regular hours of work for dispatchers and fire fighters under the current shift system shall be on average forty-two (42) hours per week as scheduled by the Chief. 9.02 It is understood that the Corporation reserves the right to introduce a shift system in accordance with the provisions of the Fire Departments Act at such time as it considers desirable and that, in such event, the regular hours of work would be modified. 5 9.03 The Corporation will provide a minimum of thirty (30) days notice prior to implementation of a change of shift schedule except where the shift rescheduling is required as a result of an emergency. 9.04 Employees may be permitted to exchange shifts or days off with employees of the same rank with the prior approval of the Chief and with the understanding that such an exchange will not affect the efficient operation of the department. ARTICLE 10 - EXTENDED HOURS OF WORK/OVERTIME 10.01 Fire Fighters who are called back to fire fighting duty outside of regular working hours will be paid in accordance with the remuneration established at the current rate of pay for part-time fire fighters. 10.02 Overtime will be paid at one and one-half times(11/2x)the employee's regular rate of pay where the employee continues to work beyond his regularly scheduled shift or where the employee is called in to replace a regular full-time fire fighter who is absent from active duty. 10.03 Time spent for training purposes in conjunction with an employee's duties as a full-time fire fighter outside of his regularly scheduled shift shall be paid for at straight time. ARTICLE 11 - SENIORITY 11.01 Seniority shall be defined as the employee's length of continuous service since his last date of hire as a full-time employee with the Clarington Fire Department. 11.02 Employees shall not accumulate credited service for the purpose of progression through the ranks or classes nor for the purpose of accruing vacation entitlement during periods of absence from active duty which exceed ninety (90) calendar days. ARTICLE 12 - LAYOFF PROCEDURE 12.01 A layoff shall be defined as a reduction in the fire fighter workforce and the layoff shall commence with the fire fighter with the least amount of seniority provided, however,that the more senior fire fighters remaining are able to perform the required work. 6 12.02 Fire fighters so laid off shall retain, but shall not accrue, their seniority while on layoff for a period of up to one (1) calendar year. Laid off employees will not be entitled to the benefits under this Agreement. 12.03 A fire fighter shall be deemed to have resigned his employment if he fails to report to work within ten (10) days after notice of recall has been issued by registered mail at his last known address. 12.04 In the event of recall, employees shall be recalled in the inverse order of layoff. 12.05 No full-time fire fighter will be laid off as the direct result of the contracting out of bargaining unit work. ARTICLE 13 - PROMOTIONS 13.01 All promotions shall be based on skill, knowledge, ability and physical fitness, but in competition for promotion when these factors are relatively equal as between the candidates, preference shall be given to the fire fighter with the greatest seniority. 13.02 In determining skill, knowledge, ability, physical fitness and competence consideration shall be given to the results of such written and practical examinations as may be developed and implemented by the Chief or his designate. 13.03 Recommendations for promotion of fire fighters shall be based upon an evaluation of the following elements: 1. the results of examinations taken by the fire fighter;fire fighters must obtain a minimum passing mark of sixty percent (60%); except that candidates for Captain must obtain a minimum passing mark of seventy percent (70%); 2. the reasonable physical fitness of the fire fighter based upon the Canadian Standard for Physical Fitness; 3. the relevant experience and the fire and station record of the fire fighter. 13.04 Every applicant for promotion shall take such written, oral or practical examinations as may be required by the Chief of the Department and such examinations shall be based on the Department's Training Manuals and Policies. No salary increase will be made until such time as the examinations have been successfully passed. 13.05 When a new rank is created, other than those presently covered by the Collective Agreement, notices shall be posted in each fire station setting out the duties of the rank and the salary rate. When such a position is posted, the Association will be given an opportunity to meet with the Administrator and the Chief. 13.06 Persons selected for promotion to the position of Captain will be subject to a trial period of six (6) months and during this time his performance will be reviewed and assessed by the Corporation. Where the candidate fails to complete the trial period or chooses to return within the trial period, the candidate will return to his former classification and any affected employee will also return to his prior classification. ARTICLE 14 - LEAVES OF ABSENCE 14.01 Leave for Association Business One (1) designated member of the Association will be allowed a total of two (2) days with pay and a further two (2) days without pay in any one (1) contract year to attend to Fire Association business provided that the Fire Chief is advised of the intended absence at least fourteen (14) days prior to the occasion and is able to adequately staff the department during the proposed absence at no additional cost to the Corporation. 14.02 Bereavement Leave An employee shall be granted time off without loss of pay, upon approval of the Chief, for the purposes of attending or making arrangements for the funeral of: a) an employee's spouse, son or daughter - up to a maximum of five (5) consecutive scheduled working days; b) an employee's father,mother, father-in-law,mother-in-law, sister or brother- up to a maximum of three (3) consecutive scheduled working days; c) an employee's grandmother,grandfather,son-in-law,daughter-in-law,sister-in- law, brother-in-law, or grandchild - up to a maximum of two (2) consecutive scheduled working days; d) an additional two (2) days travelling time, without pay may be granted by the Chief to permit the employee to attend a funeral of the family that is to be held at a distant point; e) an employee will only be entitled to bereavement leave where the arrange- ments or funeral are necessarily conducted on a scheduled working day. 8 14.03 Jury and Court Duty Leave An employee who is called to jury duty or is subpoenaed as a witness to court on a work related matter 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. The member will however,retain any fee paved to him/her for mileage. Off duty court time shall be paid at the employee's regular hourly rate but not less than two (2) hours. Court time shall be defined as any time spent at court, trial or coroner's inquest proceedings. 14.04 Sick Leave (a) An employee who has completed sixty (60) days of employment will be entitled to one (1) day per month accumulative sick leave retroactive to date of hire at his regular rate of pay. Sick leave will accumulate to a maximum of one hundred and eighty- two (182) days. (b) A sick leave day will be calculated at the rate of 1/182 shift equivalent (12 hours) effective September 18th, 1992. (c) One-half(1/z) of the unused accumulated days, not to exceed one hundred and eighty-two (182) days, will be paid to the employee upon resigning or retiring from employment, subject to the employee having completed five (5) years of continuous service with the Corporation. (d) Employees may use vacation entitlement which may still be due them,while absent because of illness when his/her sick pay is exhausted, or on the approval of the Chief,the sick Qay shall be interrupted in order that vacation entitlement may be completed before the end of the year. (e) In instances where a member is off sick due to injury or illness and does not have sufficient sick days to his/her credit to fulfil the waiting time for Long Term Disability, such information may be filed with the Chief, and members of Local 3139 will be advised that they may make a voluntary individual contribution in such cases,on the understanding that the decision to contribute is the responsibility of the individual member. A maximum of one (1) day aer month of accumulated sick leave, donated by each member, is to be applied to the sick member credit. (f) If an employee dies before retirement, one-half of the unused accumulated days will be paid to his beneficiary, up to the maximum allowed by the Municipal Act. 9 14.05 When claiming sick pay, an employee will, if required to do so by the Chief, promptly furnish a Doctor's certificate after the third (3rd) day of illness. The Corproration retains the right to request a doctor's certificate for less than three (3) days illness if there is reason to believe the use of sick days is questionable. If a doctor's certificate is requested in these circumstances the Corporation will pay for the necessary certificate(s). 14.06 Parenting Leave Leave for reasons of maternity or parenting shall be provided in accordance with the terms of the Employment Standards Act and Unemployment Insurance Act. 14.07 Fire College Employees detailed to attend courses at the Ontario Fire College will be paid $10.00 per day to a maximum of $50.00 per week, and shall receive mileage at the Corporation's rate, less the rate paid by the Solicitor General's office. 14.08 Educational Courses The Corporation shall pay full course fees to a member who is requested by the Chief, or as requested by the member and approved by the Chief, to attend an educational course(s). ARTICLE 15 - VACATIONS 15.01 Vacation entitlement shall be earned on the basis of employees' accumulated length of continuous service as measured at their anniversary date of employment with the Fire Department and in accordance with the following schedule: YEARS OF SERVICE LENGTH OF VACATION WITH PAY 1 year of completed service 2 weeks 4 years or more of completed service 3 weeks 10 years or more of completed service 4 weeks 19 years or more of completed service 5 weeks 27 years or more of completed service 6 weeks 10 15.02 Employees with less than one (1) year of service shall be entitled to accrue vacation entitlement on the basis of one (1) day per month of service, to a maximum of ten (10) working days. No annual vacation may be taken until the employee has successfully completed sixty (60) calendar days of employment. 15.03 (a) Vacation scheduling shall be on a seniority basis. Requests must be made prior to February 1st of the vacation year and seniority shall be applied only within platoon/crew and station. Vacation requests that are not made prior to February 1st, must be applied before November 1st, but seniority only applies to vacation requests made prior to February 1st. Summer vacation allotment shall be distributed using a Prime Time three (3) month schedule, prime time months being June, July and August. Each platoon member will be entitled to a two (2) week vacation in prime time based on seniority_ (b) Once each platoon member has had two (2) weeks prime time vacation approved by the Chief, the remaining prime vacation time will be distributed on a seniority basis providing the vacation request is made prior to February 1st. Vacations will be approved by the Fire Chief in accordance with adequate staffing of the department. 15.04 In an exceptional circumstance, an employee will be eligible to carry over one (1) week of vacation entitlement to the following year subject to the prior approval of the Corporation. 15.05 An employee who is admitted to hospital or confined to his residence as a result of illness or injury occurring immediately prior to his scheduled vacation may have his vacation rescheduled. ARTICLE 16 - STATUTORY HOLIDAYS 16.01 The following days are recognized by the corporation as Statutory Holidays: New Year's Day Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Remembrance Day Good Friday One Floating Holiday and any other holiday proclaimed by the Federal or Provincial Governments. 16.02 (a) In lieu of time off on the above Statutory Holidays, each employee shall be entitled to twelve (12) shifts off with pay. Lieu days are accumulated on a day for day 11 basis; ie. one (1) lieu day is equal to one (1) full shift off. 16.02 (b) Employees will be able to schedule their lieu days by the first of the month prior to the month they intend to take the lieu day. If accumulated lieu days are not scheduled by October 1st of the calendar year, the Chief will then designate the schedules for which the lieu days shall be taken. 16.03 The time off referred to in Section 16.02 shall be scheduled by the Fire Chief, after consultation with the employee concerned. 16.04 The Fire Prevention Officer will take the statutory holidays off as recognized by the Municipality. 16.05 Scheduled lieu days may be cancelled by the Chief in the event of an emergency as defined under the Fire Departments Act and may be rescheduled at a later day in accordance with the normal scheduling practice. ARTICLE 17 - HEALTH AND WELFARE BENEFITS 17.01 The Corporation agrees to pay the full premium cost of the following benefits to employees who have completed sixty (60) days of employment with the Corporation, in accordance with the terms and conditions of the master insurance policies: (a) Group life insurance based on two times (2x) salary to a maximum of $125,000.00; (b) Extended health benefits, major medical benefits with prescription drug plan and semi-private hospital coverage; (c) Prescription glasses to a maximum of $175.00 per person every two (2) years; (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; (e) Long Term Disability - commencing after 120 days at 70% of salary to a maximum of $2,500.00 per month to retirement. Benefit changes should be effective the first of the month following the date of the ratification of the current collective agreement 17.02 (a) In cases of absence due to illness or injury the Corporation will continue to 12 pay the premium cost of the employee's health and welfare benefits for up to twenty-four (24) months from the first day of absence. (b) The Corporation shall maintain the existing conversion privileges on health and welfare benefits for the duration of the contract in accordance with the provisions of the master insurance plans of the Corporation. 17.03 The parties will participate in the Ontario Municipal Employees Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act. 17.04 The normal retirement age for fire fighters shall be sixty(60)years of age but nothing herein shall prevent an employee from retiring at an earlier age in accordance with the provisions of the Ontario Municipal Employees Retirement System. 17.05 (a) An employee prevented from performing his regular work with the employer, on account of an occupational accident that is recognized by the Workers' Compensation Board and is 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 his 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 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. 17.06 It is agreed that the full employee's portion of any reduction in unemployment insurance commission premiums resulting directly from UIC approval of the existing indemnity plan is included as part of the improved benefits contained in the Collective Agreement. ARTICLE 18 - UNIFORMS AND EQUIPMENT 18.01 (a) The Corporation shall supply all full-time fire fighters with the following uniforms and equipment, or their equivalent, which shall be issued at such time as the Chief so directs. The requested issue, where approved, will be ordered as soon as possible following budget approval. New employees will receive the full issue as soon as possible following their date of hire. 13 DRESS UNIFORM PROTECTIVE TURNOUT GEAR 1 tunic 1 fire helmet C/W winter liner 2 pair trousers 1 pair gloves or mitts 3 blue dress shirts bunker suits CAN-CGSB 155.1-M 2 black ties Fire Retardant Hood 2 pair wash-and-wear coveralls 2 pair wash-and wear fatigue trousers 1 uniform cap with badge 1 winter parka 1 pair black safety shoes (b) The Corporation shall provide a cleaning allowance of $100.00 plus an additional$25.00 per annum for the Fire Prevention Inspector payable on the date of the first pay of December of each year. 18.02 A service bar shall be granted to a member for each five (5) year period of employment with the Clarington Fire Department. (formerly Newcastle Fire Department). ARTICLE 19 - TECHNOLOGICAL CHANGE 19.01 (a) At least ninety (90 days) prior to the introduction or implementation of substantial technological change or substantial changes in mechanization affecting employees, the Corporation shall by written notice, furnish the Association with the full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change and date or dates on which the Corporation plans to effect the change; the location or locations involved. (b) Within fifteen (15) days after the foregoing notice has been given, the Corporation shall make disclosure to the Association of the effects of the change or changes to an employee. (c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issues which may concern the employment status of any employee. 14 (d) If agreement has not been reached within fifteen(15) days after disclosure by the Corporation of the effects of the change or changes of any employee, either party may submit any outstanding issue to a Board of Arbitration which shall be constituted in the manner provided for by Section 6 of the Fire Departments Act, R.S.O. 1970, Chapter 169 as amended. The time limits provided in Section 6 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue. (e) No charge shall be made in the employment status of any employee consequent upon the introduction or implementation of substantial technological change or substantial changes in mechanization,until either the parties have reached agreement through negotiation, or the Board of Arbitration constituted hereunder has issued its award. (f) The introduction of this Article should not be interpreted as a manning clause. ARTICLE 20 - WAGES 20.01 (a) The following shall be the scale of annual salaries paid to employees: Jan.1/91 Aug.1/91 Dec.1/91 Jan.1/92 Aug.1/92 Dec. 1/92 4% 3% 2% 4% 3% 28 Captain/FPO 45,995 47,375 48,323 51,168* *52,704 *53,758 *(112$ of let Class) let Class Fire Fighter/FPI 41,814 43,068 43,929 45,686 47,057 47,998 2nd Class Fire Fighter/FPI 37,632 38,761 39,536 41,117 42,351 43,198 3rd Class Fire Fighter/FPI 33,451 34,455 35,144 36,550 37,647 38,400 4th Class Fire Fighter/FPI 29,270 30,148 30,751 31,981 32,940 33,599 Probationar Fire Fighter FPI 17,178 27,993 28,553 29,695 30,586 31,198 Dispatcher 26,134 26,918 27,456 28,554 29,411 29,999 (Upon completion of one (1) year's service) (62.5% of 1st Class) Probationary Dispatcher 25,507 26,271 26,797 27,868 28,705 29,279 (618 of 1st Class) • FPO - Fire Prevention Officer • FPI - Fire Prevention Inspector 15 Evaluations for progression through the classifications will be conducted annually in accordance with the procedures and criteria established in Articles 13.02, 13.03, and 13.04 prior to the employee's anniversary date. (b) Fire fighters who are required by the Chief to perform the duties of a higher rank (that being the rank of Captain or above) for a period of one full shift or more shall receive the rate of pay of the next higher classification for all hours so worked. ARTICLE 21 - INDEMNIFICATION 21.01 The Corporation agrees to maintain public liability and errors and omissions insurance coverage for damages and costs and legal. expenses in accordance with the prevailing Town policy and to the limits determined from time-to-time by Council and shall include in the definition of insured under said insurance coverage all full-time fire fighters while acting in the course of their employment. The protection provided shall be governed by the terms and conditions of such insurance policy. 16 ARTICLE 22 - LATERAL TRANSFER POLICY 22.01 An employee who has been injured and disabled while engaged in active firefighting duties in the course of employment with the Municipality of Clarington, may request a temporary transfer to dispatch until he/she is able to return to active firefighting duties. It is understood that such a transfer to light duty work and any resulting reassignment shall not result in a wage adjustment for the affected employees. ARTICLE 23 - DURATION 23.01 This Collective Agreement shall remain in force and effect from the date of ratification until December 31st, 1994, and from year-to-year thereafter until replaced by a new Agreement or award; provided however, that either party may terminate this Agreement or indicate an intention to re-negotiate its provisions by providing notice in writing to the opposite party not less than thirty (30) days and not more than forty-five (45) days prior to the 31st of December, in the applicable year. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS t bTa DAY OF aecoee.ik19 9-5. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE THE CLARINGTON FIRE FIGHTERS MUNICIPALITY OF CLARINGTON ASSOCIATION, LOCAL 3139, I.A.F.F. D MAYOR f Jfy PA .�BARXiE, CLERK 17 MEMORANDUM OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - THE CLARINGTON FIRE FIGHTERS ASSOCIATION, LOCAL 3139, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1. Further to the duly negotiated Article 17.04 regarding the normal retirement age for fire fighters at 60 years of age, it is hereby agreed as follows: The exemption from the normal retirement age of 60 years of the one existing fire captain is due to exceptional circumstances existing only during his term of employment and will not apply to other fire fighters. All other fire fighters, by their signature listed below, recognize the normal retirement age of 60 years as being based upon the reasonable and bona fide qualifications of the job. 2. It is hereby acknowledged that the following understanding was reached during negotiation of the 1989-90 collective agreement between the parties: Persons who were actively employed with the Municipality of Clarington (formerly Town of Newcastle) Fire Department on March 30, 1989 will be entitled to have their seniority transferred from any other Clarington municipal department from where they were previously employed for the purposes of determining vacation entitlement and OMERS pension benefits and sick leave credits. 0C-rc6E_R. DATED at Clarington, this ti kgof 1995 . ON BEHALF OF THE CORPORATION ON BEHALF OF THE CLARINGTON OF THE MUNICIPALITY OF CLARINGTON FIRE FIGHTERS ASSOCIAT'I S MEMBERS f, Mayq,bian Ha e �` Patti rrie, rk 0o, 18 LETTER OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE MUNICIPALITI(OF CLARINGTON - and - THE CLARINGTON FIRE FIGHTERS ASSOCIATION, LOCAL 3139, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1. It is understood that employees are expected to insure themselves for illness or injury while working for compensation other than for the Corporation,in accordance with the provisions of the master insurance plans of the Corporation. 2. Dispatchers shall be included in the Collective Agreement as a separate classification and at a first-year wage rate at sixty-one percent (61%) of a first class fire fighter's rate and, upon completion of one (1) year's service, at a second-year wage rate of sixty-two and one-half percent (62.5%) of a first class fire fighter's rate. Increases will be retroactive to January 1, 1991. DATED AT CLARINGTON, THIS i6iv DAY OF 1995 . ON BEHALF OF THE ASSOCIATION ON BEHALF OF THE CORPORATION OF THE 1V[ UNICIPALITY OF CLARINGTON i P r r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-144 being a by-law to repeal By-law 89-115 and to authorize execution of a Collective Agreement between the Municipality of Clarington and the Clarington Professional Fire Fighters, International Association of Fire Fighters Local 3139 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, a Collective Agreement between the Clarington Professional Fire Fighters, International Association of Fire Fighters Local 3139, and the said Corporation, dated this 16th day of October , 1995, in the form attached hereto as Schedule "A" and forming part of this By-law. 2. THAT By-law 89-115 is hereby repealed. By-law read a first and second time this 16th day of October, 1995. By-law read a third time and finally passed this 16th day of October, 1995. Mayor ` v �terk r COLLECTIVE AGREEMENT BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - THE CLARINGTON FIRE FIGHTERS ASSOCIATION LOCAL 3139 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1993 / 1994 Expiry Date: December 31, 1994 COLLECTIVE AGREEMENT BETWEEN: The Corporation of the Municipality of Clarington - and - The Clarington Fire Fighters Association, Local 3139, International Association of Fire Fighters ARTICLE 1 - SCOPE AND RECOGNITION 1.01 The provisions of this Agreement shall apply to all full-time fire fighters of The Municipality of Clarington Fire Department, as defined by the Fire Departments Act of Ontario, and all members who are covered by the classifications listed under the wage schedule forming part of this agreement. The provisions of this agreement exclude the Chief, Deputy Chief, and their designated secretaries. 1.02 The Corporation will recognize up to three (3) members duly elected or appointed to the Association's bargaining committee, as the sole bargaining agent for all full-time fire fighters of the Municipality of Clarington and all members who are covered by the classifications listed under wage schedule of this agreement. The Corporation will deal with this committee in respect to matters which may properly arise from time-to-time during the term of this Agreement. Article 2 - MEMBERSHIP AND DUES CHECKOFF 2.01 All full-time fire fighters who are now members of Local 3139 shall remain so and any new full-time fire fighter of the department shall become a member of Local 3139 within thirty (30) days of completion of the probationary period. 2.02 The Corporation shall deduct from the wages of each employee of the Fire Department to whom this Agreement applies, an amount equivalent to the Association dues of a member of the Association and shall remit monthly to the secretary-treasurer all amounts so deducted with a list of names of employees from whom such deductions have been made. Association dues will be deducted on the first regular deduction date of the month following the date of hire of an employee. 2 ARTICLE 3 - PROBATION 3.01 An employee shall be considered on probation until he has worked a total of twelve months and during this time he shall have no seniority rights. It is expressly understood by both parties that during this 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 Corporation. 3.02 One completed year of dispatch service will provide a three (3)months'credit towards a fourth class fire fighter's probationary service. Two (2) completed years of dispatch service will equal six (6) months' credit towards a probationary fourth class fire fighter's service. Three (3) completed years of dispatch service will equal nine (9) months' credit towards a probationary fourth class fire fighter's service. This will apply to existing and future dispatchers. 3.03 Upon successful completion of the probationary period, the employee's name shall be placed on the appropriate seniority list and his seniority shall date back to his last date of hire as a full-time employee with the Clarington Fire Department. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Association 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 rules and regulations; 2. Hire, fire,promote, demote, classify, transfer, suspend or otherwise discipline any fire fighter provided that a claim of discriminatory promotion or a claim that a non-probationary employee has been discharged or disciplined without just cause may be subject to a grievance and dealt with as hereinafter provided; 3. Generally to manage the Fire Department, and, without restricting the generality of the foregoing, to determine the number of personnel required from time-to-time, the standards of performance for all fire fighters, the schedules of operation and the assignment of work, the methods, processes and means of operation, and all other matters concerning the department's operations which are not otherwise specifically set out in this Agreement. 4. The Corporation agrees that these functions shall be exercised in a manner consistent with and subject to the express provisions of this Agreement. 3 ARTICLE 5 - RULES AND REGULATIONS 5.01 It is understood that the Chief of the department may make such general orders and departmental rules as may be desirable or necessary for the care, protection and general efficiency of department at operations and that policies and procedures may be established or determined from time-to-time to assist him in his duties. 5.02 It is understood that all full-time fire fighters shall be governed by the rules, regulations, and by-laws of the department and the Corporation. ARTICLE 6 - MEDICAL EXAMINATIONS 6.01 All employees appointed for fire fighting duties will be required to undergo such medical examinations or tests at such times as the Chief of the Department may reasonably require. 6.02 (a) The Corporation reserves the right to request a second opinion from a physician who is mutually agreed to by both parties. (b) If the Municipality requests a second opinion,the Corporation will reimburse the employee for medical costs related to the issuance of a doctor's certificate, only. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 The members of Local No. 3139 of the International Association of Fire Fighters shall, from among their members, appoint a Grievance Committee of three (3) employees and shall forthwith notify the Fire Chief and the Chief Administrative Officer of the names of the members of the committee and of any changes made from time-to-time in the membership of the said committee. 7.02 A grievance shall be defined as a written complaint regarding the application or alleged violation of an express term of this provision or, in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been discharged or disciplined without just cause. All grievances shall bear the signature of the employee and shall state the Article of the Collective Agreement which is alleged to be violated and the remedy sought. 4 7.03 Step 1 Grievances shall be presented to the Fire Chief, or in his absence, to the Deputy Fire Chief, within seven (7) calendar days after the circumstances giving rise to the grievance. Any grievance which is not presented in writing within such time need not be accepted or considered by the Fire Chief or Deputy Fire Chief. The Fire Chief, or in his absence, the Deputy Fire Chief, shall respond to the grievance in writing within seven (7) days after the grievance is submitted to him. Step 2 The griever may appeal to the Chief Administrative Officer within seven (7) days of the decision of the Fire Chief or Deputy Fire Chief and the Chief Administrative Officer shall respond in writing within fifteen (15) calendar days of the date he has received the written grievance. Failing settlement at this level, the matter may then be referred to Arbitration within seven (7) days of the Chief Administrative Officer's response. 7.04 All members of Local 3139 shall be advised of their right to have a representative of the Executive Board of Local 3139 present at all disciplinary hearings with management after a formal written reprimand has been issued. ARTICLE 8 - ARBITRATION 8.01 Properly constituted grievances which have proceeded through the grievance procedure outlined above may proceed to arbitration as provided by the Section 7 of the Fire Departments Act, R.S.O. 1990, C. 164 as amended. Written notice of Arbitration shall be forwarded to the other party within thirty (30) calendar days of the decision rendered under Step 2 of the grievance procedure. ARTICLE 9 - HOURS OF WORK 9.01 Regular hours of work for dispatchers and fire righters under the current shift system shall be on average forty-two (42) hours per week as scheduled by the Chief. 9.02 It is understood that the Corporation reserves the right to introduce a shift system in accordance with the provisions of the Fire Departments Act at such time as it considers desirable and that in such event, the regular hours of work would be modified. 5 9.03 The Corporation will provide a minimum of thirty (30) days notice prior to implementation of a change of shift schedule except where the shift rescheduling is required as a result of an emergency. 9.04 Employees may be permitted to exchange shifts or days off with employees of the same rank with the prior approval of the Chief and with the understanding that such an exchange will not affect the efficient operation of the department. ARTICLE 10 - EXTENDED HOURS OF WORKIOVERTIME 10.01 Fire Fighters who are called back to fire fighting duty outside of regular working hours will be paid in accordance with the remuneration established at the current rate of pay for part-time fire fighters. 10.02 Overtime will be paid at one and one-half times(1 1/2x) the employee's regular rate of pay where the employee continues to work beyond his regularly scheduled shift or where the employee is called in to replace a regular full-time fire fighter who is absent from active duty. 10.03 Time spent for training purposes in conjunction with an employee's duties as a full-time fire fighter outside of his regularly scheduled shift shall be paid for at straight time. ARTICLE 11 - SENIORITY 11.01 Seniority shall be defined as the employee's length of continuous service since his last date of hire as a full-time employee with the Clarin on Fire Department. 11.02 Employees shall not accumulate credited service for the purpose of progression through the ranks or classes nor for the purpose of accruing vacation entitlement during periods of absence from active duty which exceed ninety (90) calendar days. ARTICLE 12 - LAYOFF PROCEDURE 12.01 A layoff shall be defined as a reduction in the fire fighter workforce and the layoff shall commence with the fire fighter with the least amount of seniority provided, however, that the more senior fire fighters remaining are able to perform the required work. 6 12.02 Fire fighters so laid off shall retain, but shall not accrue, their seniority while on layoff for a period of up to one (1) calendar year. Laid off employees will not be entitled to the benefits under this Agreement. 12.03 A fire fighter shall be deemed to have resigned his employment if he fails to report to work within ten (10) days after notice of recall has been issued by registered mail at his last known address. 12.04 In the event of recall, employees shall be recalled in the inverse order of layoff. 12.05 No full-time fire fighter will be laid off as the direct result of the contracting out of bargaining unit work. ARTICLE 13 - PROMOTIONS 13.01 All promotions shall be based on skill, knowledge, ability and physical fitness, but in competition for promotion when these factors are relatively equal as between the candidates, preference shall be given to the fire fighter with the greatest seniority. 13.02 In determining skill, knowledge, ability, physical fitness and competence consideration shall be given to the results of such written and practical examinations as may be developed and implemented by the Chief or his designate. 13.03 Recommendations for promotion of fire fighters shall be based upon an evaluation of the following elements: 1. the results of examinations taken by the fire fighter;fire fighters must obtain a minimum passing mark of sixty percent (60%); except that candidates for Captain must obtain a minimum passing mark of seventy percent (70%); 2. the reasonable physical fitness of the fire fighter based upon the Canadian Standard for Physical Fitness; 3. the relevant experience and the fire and station record of the fire fighter. 13.04 Every applicant for promotion shall take such written, oral or practical examinations as may be required by the Chief of the Department and such examinations shall be based on the Department's Training Manuals and Policies. No salary increase will be made until such time as the examinations have been successfully passed. 13.05 When a new rank is created, other than those presently covered by the Collective Agreement, notices shall be posted in each fire station setting out the duties of the rank and the salary rate. When such a position is posted, the Association will be given an opportunity to meet with the Administrator and the Chief. 13.06 Persons selected for promotion to the position of Captain will be subject to a trial period of six (6) months and during this time his performance will be reviewed and assessed by the Corporation. Where the candidate fails to complete the trial period or chooses to return within the trial period, the candidate will return to his former classification and any affected employee will also return to his prior classification. ARTICLE 14 - LEAVES OF ABSENCE 14.01 Leave for Association Business One (1) designated member of the Association will be allowed a total of two (2) days with pay and a further two (2) days without pay in any one (1) contract year to attend to Fire Association business provided that the Fire Chief is advised of the intended absence at least fourteen (14) days prior to the occasion and is able to adequately staff the department during the proposed absence at no additional cost to the Corporation. 14.02 Bereavement Leave An employee shall be granted time off without loss of pay, upon approval of the Chief, for the purposes of attending or making arrangements for the funeral of: a) an employee's spouse, son or daughter - up to a maximum of five (5) consecutive scheduled working days; b) an employee's father,mother,father-in-law,mother-in-law, sister or brother - up to a maximum of three (3) consecutive scheduled working days; c) an employee's grandmother,grandfather,son-in-law,daughter-in-law,sister-in- law, brother-in-law, or grandchild - up to a maximum of two (2) consecutive scheduled working days; d) an additional two (2) days travelling time, without pay may be granted by the Chief to permit the employee to attend a funeral of the family that is to be held at a distant point; e) an employee will only be entitled to bereavement leave where the arrange- ments or funeral are necessarily conducted on a scheduled working day. 8 14.03 Jury and Court Duty Leave An employee who is called to jury duty or is subpoenaed as a witness to court on a work related matter 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. The member will however, retain any fee paved to him/her for mileage. Off duty court time shall be paid at the employee's regular hourly rate but not less than two (2) hours. Court time shall be defined as anytime spent at court, trial or coroner's ing-uest proceedings. 14.04 Sick Leave (a) An employee who has completed sixty (60) days of employment will be entitled to one (1) day per month accumulative sick leave retroactive to date of hire at his regular rate of pay. Sick leave will accumulate to a maximum of one hundred and eighty- two (182) days. (b) A sick leave day will be calculated at the rate of 1/182 shift equivalent (12 hours) effective September 18th, 1992. (c) One-half(1/2) of the unused accumulated days, not to exceed one hundred and eighty-two (182) days, will be paid to the employee upon resigning or retiring from employment, subject to the employee having completed five (5) years of continuous service with the Corporation. (d) Employees may use vacation entitlement which may still be due them, while absent because of illness when his/her sick pay is exhausted, or on the approval of the Chief,the sick pay shall be interrupted in order that vacation entitlement may be completed before the end of the year. (e) In instances where a member is off sick due to injury or illness and does not have sufficient sick days to his/her credit to fulfil the waiting time for Long Term Disability, such information may be filed with the Chief, and members of Local 3139 will be advised that they may make a voluntary individual contribution in such cases,on the understanding that the decision to contribute is the responsibility of the individual member. A maximum of one (1) day per month of accumulated sick leave, donated by each member, is to be applied to the sick member credit. (f) If an employee dies before retirement, one-half of the unused accumulated days will be paid to his beneficiary, up to the maximum allowed by the Municipal Act. 9 14.05 When claiming sick pay, an employee will, if required to do so by the Chief, promptly furnish a Doctor's certificate after the third (3rd) day of illness. The Corporation retains the right to request a doctor's certificate for less than three (3) days illness if there is reason to believe the use of sick days is questionable. If a doctor's certificate is requested in these circumstances the Corporation will pay for the necessary certificate(s). 14.06 Parenting Leave Leave for reasons of maternity or parenting shall be provided in accordance with the terms of the Employment Standards Act and Unemployment Insurance Act. 14.07 Fire College Employees detailed to attend courses at the Ontario Fire College will be paid $10.00 per day to a maximum of $50.00 per week, and shall receive mileage at the Corporation's rate, less the rate paid by the Solicitor General's office. 14.08 Educational Courses The Corporation shall pay full course fees to a member who is requested by the Chief, or as requested by the member and approved by the Chief, to attend an educational course(s). ARTICLE 15 - VACATIONS 15.01 Vacation entitlement shall be earned on the basis of employees' accumulated length of continuous service as measured at their anniversary date of employment with the Fire Department and in accordance with the following schedule: YEARS OF SERVICE LENGTH OF VACATION WITH PAY 1 year of completed service 2 weeks 4 years or more of completed service 3 weeks 10 years or more of completed service 4 weeks 19 years or more of completed service 5 weeks 27 years or more of completed service 6 weeks 10 15.02 Employees with less than one (1) year of service shall be entitled to accrue vacation entitlement on the basis of one (1) day per month of service, to a maximum of ten (10) working days. No annual vacation may be taken until the employee has successfully completed sixty (60) calendar days of employment. 15.03 (a) Vacation scheduling shall be on a seniority basis. Requests must be made prior to February 1st of the vacation year and seniority shall be applied only within platoon/crew and station. Vacation requests that are not made prior to February 1st, must be applied before November 1st, but seniority only applies to vacation requests made prior to Februarylst. Summer vacation allotment shall be distributed using a Prime Time three (3) month schedule, prime time months being June, July and August. Each platoon member will be entitled to a two (2) week vacation in prime time based on seniority. (b) Once each platoon member has had two (2) weeks prime time vacation approved by the Chief, the remaining prime vacation time will be distributed on a seniority basis providing the vacation request is made prior to February 1st. Vacations will be approved by the Fire Chief in accordance with adequate staffing of the department. 15.04 In an exceptional circumstance, an employee will be eligible to carry over one (1) week of vacation entitlement to the following year subject to the prior approval of the Corporation. 15.05 An employee who is admitted to hospital or confined to his residence as a result of illness or injury occurring immediately prior to his scheduled vacation may have his vacation rescheduled. ARTICLE 16 - STATUTORY HOLIDAYS 16.01 The following days are recognized by the corporation as Statutory Holidays: New Year's Day Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Remembrance Day Good Friday One Floating Holiday and any other holiday proclaimed by the Federal or Provincial Governments. 16.02 (a) In lieu of time off on the above Statutory Holidays, each employee shall be entitled to twelve (12) shifts off with pay. Lieu days are accumulated on a day for day 11 basis; ie. one (1) lieu day is equal to one (1) full shift off. 16.02 (b) Employees will be able to schedule their lieu days by the first of the month prior to the month they intend to take the lieu day. If accumulated lieu days are not scheduled by October 1st of the calendar year, the Chief will then designate the schedules for which the lieu days shall be taken. 16.03 The time off referred to in Section 16.02 shall be scheduled by the Fire Chief, after consultation with the employee concerned. 16.04 The Fire Prevention Officer will take the statutory holidays off as recognized by the Municipality. 16.05 Scheduled lieu days may_be cancelled by the Chief in the event of an emergency as defined under the Fire Departments Act and may be rescheduled at a later day in accordance with the normal scheduling practice. ARTICLE 17 - HEALTH AND WELFARE BENEFITS 17.01 The Corporation agrees to pay the full premium cost of the following benefits to employees who have completed sixty (60) days of employment with the Corporation, in accordance with the terms and conditions of the master insurance policies: (a) Group life insurance based on two times (2x) salary to a maximum of $125,000.00; (b) Extended health benefits, major medical benefits with prescription drug plan and semi-private hospital coverage; (c) Prescription glasses to a maximum of $175.00 per person every two (2) years; (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; (e) Long Term Disability - commencing after 120 days at 70% of salary to a maximum of $2,500.00 per month to retirement. Benefit changes should be effective the first of the month following the date of the ratification of the current collective agreement. 17.02 (a) In cases of absence due to illness or injury the Corporation will continue to 12 pay the premium cost of the employee's health and welfare benefits for up to twenty-four (24) months from the first day of absence. (b) The Corporation shall maintain the existing conversion privileges on health and welfare benefits for the duration of the contract in accordance with the provisions of the master insurance plans of the Corporation. 17.03 The-parties will participate in the Ontario Municipal Employees Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act. 17.04 The normal retirement age for fire fighters shall be sixty (60)years of age but nothing herein shall prevent an employee from retiring at an earlier age in accordance with the provisions of the Ontario Municipal Employees Retirement System. 17.05 (a) An employee prevented from performing his regular work with the employer, on account of an occupational accident that is recognized by the Workers' Compensation Board and is compensable within the meaning of the Workers' Compensation Ac shall receive from the employer the difference between the amount payable by the Workers' Compensation Board and his 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 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. 17.06 It is agreed that the full employee's portion of any reduction in unemployment insurance commission premiums resulting directly from UIC approval of the existing indemnity plan is included as part of the improved benefits contained in the Collective Agreement. ARTICLE 18 - UNIFORMS AND EQUIPMENT 18.01 (a) The Corporation shall supply all full-time fire fighters with the following uniforms and equipment, or their equivalent, which shall be issued at such time as the Chief so directs. The requested issue, where approved, will be ordered as soon as possible following budget approval. New employees will receive the full issue as soon as possible following their date of hire. t 13 DRESS UNIFORM PROTECTIVE TURNOUT GEAR 1 tunic 1 fire helmet C/W winter liner 2 pair trousers 1 pair gloves or mitts 3 blue dress shirts bunker suits CAN-CGSB 155.1-M 2 black ties Fire Retardant Hood 2 pair wash-and-wear coveralls 2 pair wash-and wear fatigue trousers 1 uniform cap with badge 1 winter parka 1 pair black safety shoes (b) The Corporation shall provide a cleaning allowance of $100.00 plus an additional $25.00 per annum for the Fire Prevention Inspector payable on the date of the first pay of December of each year. 18.02 A service bar shall be granted to a member for each five (5) year period of employment with the Clarington Fire Department, (formerly Newcastle Fire Department). ARTICLE 19 - TECHNOLOGICAL CHANGE 19.01 (a) At least ninety (90 days) prior to the introduction or implementation of substantial technological change or substantial changes in mechanization affecting employees, the Corporation shall by written notice, furnish the Association with the full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change and date or dates on which the Corporation plans to effect the change; the location or locations involved. (b) Within fifteen (15) days after the foregoing notice has been given, the Corporation shall make disclosure to the Association of the effects of the change or changes to an employee. (c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issues which may concern the employment status of any employee. 14 (d) If agreement has not been reached within fifteen(15) days after disclosure by the Corporation of the effects of the change or changes of any employee, either party may submit any outstanding issue to a Board of Arbitration which shall be constituted in the manner provided for by Section 6 of the Fire Departments Act, R.S.O. 1970, Chapter 169 as amended. The time limits provided in Section 6 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue. (e) No charge shall be made in the employment status of any employee consequent upon the introduction or implementation of substantial technological change or substantial changes in mechanization,until either the parties have reached agreement through negotiation, or the Board of Arbitration constituted hereunder has issued its award. (f) The introduction of this Article should not be interpreted as a manning clause. ARTICLE 20 - WAGES 20.01 (a) The following shall be the scale of annual salaries paid to employees: Jan.1/91 Aug.1/91 Dec-1/91 Jan.1/92 Aug.1/92 Dec. 1/92 4% 38 28 4% 3% 2% Captain/FPO 45,995 47,375 48,323 51,168 *52,704 *53,758 *(112% of 1st Class) 1st Class Fire Fighter/FPI 41,814 43,068 43,929 45,686 47,057 47,998 2nd Class Fire Fighter/FPI 37,632 38,761 39,536 41,117 42,351 43,198 3rd Class Fire Fighter/FPI 33,451 34,455 35,144 36,550 37,647 38,400 4th Class Fire Fighter/FPI 29,270 30,148 30,751 31,981 32,940 33,599 Probationa Fire Fighter FPI 17,178 27,993 28,553 29,695 30,586 31,198 Dispatcher 26,134 26,918 27,456 28,554 29,411 29,999 (Upon completion of one (1) year's service) (62.5% of 1st Class) Probationary Dispatcher 25,507 26,271 26,797 27,868 28,705 29,279 (618 of 1st Class) • FPO - Fire Prevention Officer • FPI - Fire Prevention Inspector 15 Evaluations for progression through the classifications will be conducted annually in accordance with the procedures and criteria established in Articles 13.02, 13.03, and 13.04 prior to the employee's anniversary date. (b) Fire fighters who are required by the Chief to perform the duties of a higher rank (that being the rank of Captain or above) for a period of one full shift or more shall receive the rate of pay of the next higher classification for all hours so worked. ARTICLE 21 - INDEMNIFICATION 21.01 The Corporation agrees to maintain public liability and errors and omissions insurance coverage for damages and costs and legal expenses in accordance with the prevailing Town policy and to the limits determined from time-to-time by Council and shall include in the definition of insured under said insurance coverage all full-time fire fighters while acting in the course of their employment. The protection provided shall be governed by the terms and conditions of such insurance policy. 16 ARTICLE 22 - LATERAL TRANSFER POLICY 22.01 An employee who has been injured and disabled while engaged in active firefighting duties in the course of employment with the Municipality of Clarington, may request a temporary transfer to dispatch until he/she is able to return to active firefighting duties. It is understood that such a transfer to light duty work and any resulting reassignment shall not result in a wage adjustment for the affected employees. ARTICLE 23 - DURATION 23.01 This Collective Agreement shall remain in force and effect from the date of ratification until December 31st, 1994, and from year-to-year thereafter until replaced by a new Agreement or award; provided however, that either party may terminate this Agreement or indicate an intention to re-negotiate its provisions by providing notice in writing to the opposite party not less than thirty (30) days and not more than forty-five (45) days prior to the 31st of December, in the applicable year. IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS t bT% DAY OF oatcOEtZ l9 9 5 . SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: THE CORPORATION OF THE THE CLARINGTON FIRE FIGHTERS MUNICIPALITY OF CLARINGTON ASSOCIATION, LOCAL 3139, I.A.F.F. D7LkIt R MAYOR PATTY 'BAR If 1E, CLERK 17 MEMORANDUM OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - THE CLARINGTON FIRE FIGHTERS ASSOCIATION, LOCAL 3139, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS I. Further to the duly negotiated Article 17.04 regarding the normal retirement age for fire fighters at 60 years of age, it is hereby agreed as follows: The exemption from the normal retirement age of 60 years of the one existing fire captain is due to exceptional circumstances existing only during his term of employment and will not apply to other fire fighters. All other fire fighters, by their signature listed below, recognize the normal retirement age of 60 years as being based upon the reasonable and bona fide qualifications of the job. 2. It is hereby acknowledged that the following understanding was reached during negotiation of the 1989-90 collective agreement between the parries: Persons who were actively employed with the Municipality of Clarington (formerly Town of Newcastle) Fire Department on March 30, 1989 will be entitled to have their seniority transferred from any other Clarington municipal department from where they were previously employed for the purposes of determining vacation entitlement and OMERS pension benefits and sick leave credits. Oc-rb6E.R. DATED at Clarington, this im of 1996 . ON BEHALF OF THE CORPORATION ON BEHALF OF THE CLARINGTON OF THE MUNICIPALITY OF CLARINGTON FIRE FIGHTERS ASSOCIATI AITS MEMBERS Mayqr'Dian Hamre k Patti me, r 18 LETTER OF UNDERSTANDING BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - THE CLARINGTON FIRE FIGHTERS ASSOCIATION, LOCAL 3139, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1. It is understood that employees are expected to insure themselves for illness or injury while working for compensation other than for the Corporation, in accordance with the provisions of the master insurance plans of the Corporation. 2. Dispatchers shall be included in the Collective Agreement as a separate classification and at a first-year wage rate at sixty-one percent (61%) of a first class fire fighter's rate and, upon completion of one (1) year's service, at a second-year wage rate of sixty-two and one-half percent (62.5%) of a first class fire fighter's rate. Increases will be retroactive to January 1, 1991. DATED AT CLARINGTON, THIS Ilo-rk DAY OF C_)e.Tb,C3E R � 19 9 5 . ON BEHALF OF THE ASSOCIATION ON BEHALF OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i � � j