HomeMy WebLinkAbout95-82 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-82
being a by-law to authorize the execution
of Collective Agreements between the
Municipality of Clarington and the Canadian
Union of Public Employees, Local 74
THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
HEREBY ENACTS AS FOLLOWS:
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, Collective Agreements
between the Canadian Union of Public Employees, Local 74
(Outside Employees) and the Corporation of the Municipality of
Clarington in the form attached hereto as Schedule "A" and the
Canadian Union of Public Employees, Local 74 (Inside
Employees) and the Corporation of the Municipality of
Clarington in the form attached hereto as Schedule "B" .
By-law read a first and second time this 12th day of June 1995
By-law read a third time and finally passed this 12th day of
June 1995
�9K W&)
MAYOR
CLERK
CHRISTIE ALEXANDER
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1995-1996 INSIDE COLLECTIVE AGREEMENT
INDEX
ARTICLE I - PURPOSE 1
ARTICLE 2 - SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 3 - NO DISCRIMINATION 2
ARTIC',E 4 - NO COERCION 2
ARTICLE 5 - NO STRIKES OR LOCK-OUTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 6 - MUNICIPALITY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 7 - UNION SECURITY 3
ARTICLE 8 - GRIEVANCE PROCEDURE 3
ARTICLE 9 -. ARBITRATION 4
ARTICLE 10 - MANAGEMENT GRIEVANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE l I - UNION COMMITTEE 5
ARTICLE 12 - SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 13 - PROBATIONARY EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 14 - TEMPORARY EMPLOYEES . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 15 - LOSS OF SENIORITY 7
ARTICLE 16 - SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS . . . . . . 7
ARTICLE 17 - SENIORITY APPLIED TO LAY-OFFS AND RECALLS . . . . . . . . . . . 7
ARTICLE 18 - TRANSFERS TO NON-BARGAINING UNIT POSITIONS . . . . . . . . . . 8
ARTICLE 19 - JOB POSTING 8
ARTICLE 20 - LEAVE OF ABSENCE 9
ARTICLE 21 - FIRST-AID KITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 22 - SAFETY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 23 - BENEFIT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 24 VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE 25 - PAID HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 26 - SHORT TERM SICK LEAVE PLAN . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 27 - SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE 28 - TERMINATION OR AMENDMENT
SCHEDULE "All . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE "B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
MEMORANDUM OF UNDERSTANDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
MEMORANDUM ON CLOTHING ISSUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Expiry Date: December 31, 1996
COLLECTIVE AGREEMENT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality")
OF THE FIRST PART
- and -
THE CANADIAN UNION OF PUBLIC EMPLOYEES & ITS LOCAL 74
(hereinafter referred to as the "Union")
OF THE SECOND PART
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ARTICLE 1 - PURPOSE
1.1 The general purpose of this Agreement is to establish and maintain collective
bargaining relations between the Municipality and its employees, and to provide machinery for
the prompt and equitable disposition of grievances, and to establish and maintain mutually
satisfactory working conditions, hours and wages for all employees who are subject to the
provisions of this Agreement.
ARTICLE 2 - SCOPE
2.1 The Municipality 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.
2.2 Supervisors 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.
2.
ARTICLE 3 - NO DISCRIMINATION
3.1 The Municipality and the Union agree that there will be 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
4.1 The Union agrees that there will be no intimidation, interference, restriction or
coercion exercised or practised on employees of the Municipality by any of its members or
representatives and that there will be no Union activity, solicitation for membership or collection
of dues on Municipality time, and no meetings on Municipality premises except with the prior
permission of the Municipality.
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
5.1 The Union agrees that there shall be no strike during the term of this Agreement
and the Municipality agrees that there shall be no lock-out during the term of this Agreement.
5.2 The words "strike" and "lock-out" shall be as defined in the Ontario Labour
Relations Act.
ARTICLE 6 - MUNICIPALITY RIGHTS
6.1 The Union acknowledges that it is the exclusive function of the Municipality to:
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(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 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.
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(4) The Municipality 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
7.1 The Municipality recognizes the Union as the sole collective bargaining agent for
the said employees for the duration of this Agreement.
7.2 A new employee shall have deducted from the employee's salary an amount equal
to the current monthly dues.
7.3 The Treasurer of the Municipality 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 Municipality shall be notified in writing at least
thirty (30) calendar days prior to any required change in Union dues assessment
7.4 In consideration of the Municipality 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 Municipality 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
8.1 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 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:
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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.
8.2 Time limits in this Article may be extended by mutual agreement of the parties.
8.3 An 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 j
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9.1 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 in accordance with the
provisions of the Ontario Labour Relations Act, as amended from time to time.
9.2 Expenses of the Board Each party shall pay:
(1) The fees and expenses of the Arbitrator it appoints;
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(2) One-half(1/2) of the fees and expenses of the Chairman.
9.3 The Arbitration Board shall have no power to alter the term of the Agreement or
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to make any decision which is inconsistent with the terms of the Collective Agreement.
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ARTICLE 10 - MANAGEMENT GRIEVANCES
10.1 The Municipality 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.
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ARTICLE 11 - UNION COMMITTEE
11.1 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 Municipality 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.
11.2 The Union shall advise the Municipality of the personnel serving on this
committee.
11.3 a) Compensation for Union Committee
The Union acknowledges that the Union Committee will continue to perform their
regular duties on behalf of the Municipality, 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
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
12.1 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.
12.2 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 1 st 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
bargaining 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 tip to twelve (12) consecutive months.
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ARTICLE 13 - PROBATIONARY EMPLOYEES
13.1 An employee shall be considered a probationary employee until the employee has
worked a total of eighty (80) 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 for reasons deemed or considered by the Employer to be cause for
termination.
13.2 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
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14.1 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
perids . The Union will be provided notice of the engagement (other than casual employment
engagement), the purpose and the expected duration of the temporary employment.
It is agreed that the term "casual" means employment of intermittent and of
short duration.
14.2 A temporary employee who remains in the employ of the Corporation for longer
than six (6) months within any one department 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 service since the last day of hire as a temporary employee shall
be included in the computation of the employee's probationary period.
14.3 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.
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ARTICLE 15 - LOSS OF SENIORITY
15.1 a) Seniority rights shall terminate upon voluntary termination of employment,
retirement at age 65, discharge which is upheld by an arbitrator, or upon
application of the provisions set out in Article 15.01(b).
b) The parties agree that just cause for termination is intended to include
terminations of employment in the following circumstances:
(i) lay-offs for a continuous period of more than twelve (12) months;
(ii) lay-off and failure to return to work within five (5) working days
after the employee has been notified to do so by the Municipality
through registered mail addressed to the last address on record with
the Municipality. The Municipality may extend the five (5) day
period under extenuating circumstances;
(iii) during lay-off, the employee fails to keep the Municipality
informed of the employee's home address and telephone number.
ARTICLE 16 - SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS
16.1 Promotions and/or posted transfers within the bargaining unit will be based
primarily on the skill,aability, 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.
16.2 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.
16.2 b) The term "immediate family" shall be defined to include mother, father,
spouse,son,daughter,sister,brother,aunt,uncle,grandparent or grandchild.
ARTICLE 17 - SENIORITY APPLIED TO LAY-OFFS AND RECALLS
17.1 - A lay-off of employees shall be based upon seniority provided that the remaining
employees have the skill, ability and qualifications to perform the required work. When recalling
employees who have been laid off, the recall will also be made on the basis of seniority provided
that the employee to be recalled has the skill, ability and qualifications to perform the required
work.
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17.2 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.
17.3 All employees shall be obliged to notify the Municipality in writing as soon as .
possible of a change of address or telephone number.
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17.4 No employee in the employ of the Municipality shall be laid off as the result of
contracting, leasing, assigning or conveying work to any other person or Employer.
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ARTICLE 18 - TRANSFERS TO NON-BARGAINING UNIT POSITIONS
18.1 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.
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ARTICLE 19 - JOB POSTING
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19.1 In the event new jobs are created or vacancies occur within the bargaining unit the
Municipality 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
Municipality 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.
19.2 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, temporary vacancies which are expected to exceed two (2) weeks 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.
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b) However, where the temporary vacancy is expected to last for six (6) months or
longer, the temporary vacancy will be posted as a temporary vacancy 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. Upon return of the
incumbent, the successful applicant to the temporary posting shall return to their
former position.
C) Employees shall not be entitled to apply for a temporary position during the
period of time in which they are already working within a temporary
position.
19.3 The Municipality shall notify the Union of the appointment of the successful
applicant within fifteen (15) days of the filling of the position.
19.4 The successful applicant to a non-temporary job posting shall be subject to a trial
period of sixty(60) 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 the employee
came. In such event, and all subsequent placements, the affected employees would be returned
to their prior classifications.
ARTICLE 20 - LEAVE OF ABSENCE
20.1 The Municipality 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 period longer than thirty (30) days, the employee shall pay benefits in advance for that
period leave in excess of thirty (30) days.
20.2 a) The Municipality 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
Municipality shall grant an extension to the leave of up to one (1)
year upon written notice which specifies the duration of the
extension;
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(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), ii) and iii) shall be at the sole discretion
of the Municipality.
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.
20.3 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 Municipality. Where possible the employee shall give the Municipality twenty-
one (21) days written notice.
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20.4 All requests for leaves of absence shall be in writing.
20.5 An employee on leave of absence may accumulate seniority only under above sub-
sections 20.2 and 20.3 and then only during the first three (3) months of a granted leave of
absence.
20.6 a) An employee shall be eligible for pregnancy leave, parental leave or
adoption leave in accordance with the Employment Standards Act or other
applicable legislation.
b) It is understood, however, that the pregnancy 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 pregnancy leave may be made during the first twelve (12)
weeks of pregnancy leave.
C) Employees shall continue to accumulate seniority during periods of
pregnancy leave, parental leave or adoption leave in accordance with the
provisions of the Employment Standards Act.
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d) A temporary employee who replaces an employee absent due to pregnancy
leave, parental leave or adoption leave will be considered a temporary
employee for the full duration of pregnancy leave, parental leave or
adoption leave of absence.
20.7 Paterrifty 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 at the day of the birth of his child.
20.8 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.
20.9 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.
e) There will be no loss of vacation credits where the bereavement leave is required
during the employee's vacation period.
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In the calendar year of the 1 st
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
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24.2 New employees shall not be entitled to take vacation within the first six(6)months
of employment except by mutual agreement of the parties.
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24.3 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.
24.4 Seniority for the purposes of vacation preference shall only apply to the first two
(2) weeks of vacation requested.
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24.5 Vacations may be scheduled anytime in the calendar year and every effort will be
made to post the schedule by March 31 st 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 designate and may be changed if
mutually agreed by both parties.
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24.6 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 i
employee's normal work week, or two percent (2%) of his earnings in the previous calendar year,
whichever is the greater.
24.7 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 Municipality.
24.8 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 vacation with pay during other periods of absence except as required by the
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provisions of the Employment Standards Act. Entitlement to vacation with pay will be pro rated
upon termination of employment.
ARTICLE 25 - PAID HOLIDAYS
25.1 The Municipality 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 Municipality
and the employee.
25.2 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 Municipality.
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.
25.3 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(I - 1/2) times their regular rate for actual hours worked, in addition to the
holiday.
25.4 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.
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25.5 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 Municipality.
ARTICLE 26 - SHORT TERM SICK LEAVE PLAN
26.1 The provision of a short-term disability plan, on completion of the probationary period,
is set out below.
26.2 Length - one-hundred and twenty (120) days
(equates to eighty-five (85) working days).
26.3 a) Coverage - 100% for the first three (3) days of illness per year,
75% for the remaining days.
b) If an employee is absent more than 85 working days on a continuous and
related illness, the short term claim will automatically be referred to the long
term plan.
26.4 Application - First day of illness or injury.
26.5 (a) Top Up - from 75% to 100% on the fourth (4th) day.
- from balance of any sick days banked.
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(b) Vacation days may be used to top up short term sick leave days, however,
they are not to be used to extend the short term sick leave claim beyond the
85 working days on any one claim.
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26.6 No accumulation of unused sick days.
26.7 If no sick days are used at the end of any calendar year then the employee will
receive one (1) day's pay.
26.8 (a) The Corporation reserves the right to request sick leave verification after the third
consecutive day of illness and to interview on matters related to use of sick leave.
In exceptional circumstances, the Corporation may require a doctor's certificate
for a shorter period of absence and may request a second medical opinion.
(b) If the Municipality requests a second medical opinion, the doctor may be
selected by the employee from a list of doctors mutually agreed upon between
the Municipality and the union.
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(c) If the Municipality requests a second opinion from a doctor within the Region
of Durham, the Municipality will reimburse the employee for medical costs
related to the issuance of the doctor's certificate only.
If the Municipality requests a second opinion from a doctor outside of the
Region of Durham, the Municipality will reimburse the employee for medical
costs and mileage related to the issuance of the doctor's certificate.
(d) No vacation days shall be used during sick leave absence except for the
purposes of 26.5(b) above.
26.9 If an employee dies before retirement,the value of any days remaining and eligible
for payout as a result of the transfer to the Corporation's self-insured short-term sick leave plan
will be paid to the employee's beneficiary, but only up to the maximum allowed by the
Municipal Act.
26.10 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.
26.11 Except for persons who are on sick leave at the time of notice of layoff, 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.
2612 Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
ARTICLE 27 - SCHEDULES
27.1. Attached hereto and forming part of the Agreement are:
Schedule "A" - Wages and Job Classifications
Schedule "B" - Hours of Work and Working Conditions
ARTICLE 28 - TERMINATION OR AMENDMENT
28.1 This Agreement will be effective from January 1st, 1995 until December 31st,
1996, 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.
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18.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS
AND SEALS THIS 3rd DAY OF November 1995.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
THE CORPORATION OF THE CANADIAN UNION OF PUBLIC
MUNICIPALITY OF CLARINGTON EMPLOYEES AND ITS LOCAL 74
Mayor
Clerk
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19.
Municipality of Clarington
Inside Collective Agreement
Schedule "A "
WAGES AND JOB CLASSIFICATIONS
11januaryl., 995 Marcfi 31 < 1996 0.0
Code Classification Start is Bmths umths 18mths 24mths 80mths
1 Vacant 20,555 21,675 22,795 23,919
Hourly Rate 11.29 11.91 1252 13.14
2 Clerk 1 21,647 22,833 24,018 25,254
Houdy Rate 11.89 1255 13.20 13.88
3 Parking Enforcement 22,747 23,928 25,167 26,474
Houdy Rate 12.50 13.15 13.83 14.55
4 Vacant 24,112 25,559 27,092 28,718
13.25 14.04 14.89 15.78
5 Clerk II 25,372 26,936 28,499 30,063 31,627
Permit Clerk Hourly Rate 13.94 14.80 15.66 16.52 17.38
Revenue Clerk I
Accounting Clerk I
Engineering Tech.l
Public Receptionist
6 Network Support Tech 26,915 28,577 30,236 31,897 33,557
Payroll Clerk I Houdy Rate 14.79 15.70 16.61 1753 18.44
7 Buyer 1 28,577 30,236 31,897 33,557 35,383
Hourly Rate 15.70 16.61 17.53 18.44 19.44
Revenue Clerk II 30,285 32,186 34,060 35,931 37,806
8 Payroll Clerk II Hourly Rate 16.64 17.68 18.71 19.74 20.77
Accounting Clerk 11
Engineering Tech.11
Planning Technician
Graphics Technician
Operations Technician
9 Building Inspector 32,014 33,989 35,968 37,947 39,923
Accountant Hourly Rate 17.59 18.68 19.76 20.85 21.94
Plumbing Inspector
Engineering Tech.111
By-Law Enforcement Officer
Network Analyst
10 Vacant 33,866 36,035 38,053 40,149 42,243
Hourly Rate 18.61 19.80 20.91 22.06 23.21
11 Vacant 36,135 37,761 39,460 41,236 42,475
Hourly Rate 19.85 20.75 21.68 22.66 23.34
12 Engineering Co-ordinator 38,664 39,883 41,102 41,971 42,841 44,412
Planner Hourly Rate 21.24 21.91 2258 23.06 23.54 24.40
Construction Co-ordinator
13 Vacant 41,177 42,412 43,685 44,995 46,345 47,736
22.62 23.30 24.00 24.72 25.46 26.23
14 Senior Planner
Engineering Serv.Supervisor 43,681 45,319 46,411 48,049 49,141 50,779
Hourly Rate 24.00 24.90 25.50 2GA0 27.00 27.90
Revised:Nov.14/95
20.
Municipality of Clarington
Inside Collective Agreement
Schedule "A "
WAGES AND JOB CLASSIFICATIONS
A rill 1 1896
Code Classrfication Start 6<mths 12 mths, i8!mths 24 mths jomths
1 Vacant 20,761 21,892 23,023 24,158
Houdy Rate 11.41 12.03 12.65 13.27
2 Clerk 1 21,863 23,061 24,258 25,507
Houdy Rate 12.01 12.67 13.33 14.01
3 Parking Enforcement 22,974 24,167 25,419 26,739
Houdy Rate 12.62 13.28 13.97 14.69
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4 Vacant 24,353 25,815 27,363 29,005
Hourly Rate 13.38 14.18 15.03 15.94
5 Clerk II 25,626 27,205 28,784 30,364 31,943
Permit Clerk Houdy Rate 14.08 14.95 15.82 16.68 17.55
Revenue Clerk I
Accounting Clerk I
Engineering Tech.l
Public Receptionist
6 Network Support Tech 27,184 28,863 30,538 32,216 33,893 i
Payroll Clerk I Hourly Rate 14.94 15.86 16.78 17.70 18.62
7 Buyer 1 28,863 30,538 32,216 33,893 35,737
Houdy Rate 15.86 16.78 17.70 18.62 19.64
8 Revenue Clerk II 30,588 32,508 34,401 36,290 38,184
Payroll Clerk II Houdy Rate 16.81 17.86 18.90 19.94 20.98
Accounting Clerk II
Engineering Tech.11
Planning Technician
Graphics Technician
Operations Technician
9 Building Inspector 32,334 34,329 36,328 38,326 40,322
Accountant Houdy Rate 17.77 18.86 19.96 21.06 22.16 i
Plumbing Inspector
Engineering Tech.11l
By-Law Enforcement Officer
Network Analyst
10 Vacant 34,205 36,395 38,434 40,550 42,665
Houdy Rate 18.79 20.00 21.12 22.28 23.44
11 Vacant 36,496 38,139 39,855 41,648 42,900
Hourly Rate 20.05 20.96 21.90 22.88 23.57
12 Engineering Co-ordinator 39,051 40,282 41,513 42,391 .43,269 44,856
Planner Houdy Rate 21.46 22.13 22.81 23.29 23.77 24.65
Construction Co-ordinator
13 Vacant 41,589 42,836 44,122 45,445 46,808 48,213
HoudYRate 22.85 23.54 24.24 24.97 25.72 26.49
14 Senior Planner
Engineering Serv.Supervisor 44,118 45,772 46,875 48,529 49,632 51,28711
Houfly Rate I 24.24 25.15 25.76 26.66 _27.27 2818
Revised:Nov.14/95
21.
Schedule "A" (Continued)
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, or during periods of
absence due to illness or injury in excess of ninety (90) calendar days.
5. Persons who work in a higher classification for longer than one (1) day will receive
an increase that represents an annual increase of at least five hundred dollars ($500.00).
6. If an overpayment in wages is made resulting from a change in positions or
classifications an adjustment may be made through an employee's future earnings.
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Inside Collective Agreement
Schedule 'B"
HOURS OF WORK AND WORKING CONDITIONS
1. Hours of Work
(a) The regular work week for all employees shall consist of five (5) seven (7) hour
days, from Monday to Friday inclusive. The regular work day shall be 8:30 a.m.
to 4:30 p.m., with a one (1) hour unpaid lunch.
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(b) 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.
(c) 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. The regular
work day for the Operations Technician shall begin between the hours of 7:00
a.m. and 8:00 a.m.
2. Overtime Hours of Work
(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 Municipality shall pay double time for all hours worked on a Sunday except
where regularly scheduled.
3. Call-Out Pay
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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/Rest Periods
a) 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 and fifty cents
($7.50).
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b) Proper accommodation shall be provided for employees to have their meals.
C) An employee shall be permitted a rest period of fifteen (15) consecutive minutes
in each half shift.
5. Mileage
Employees required to use their own vehicles for business purposes will be
reimbursed at the rate of thirty-four cents (34c) per kilometer for all kilometers travelled for the
Municipality. 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. Reimbursement shall be calculated on the basis of the shorter distance between the
designated workplace and the destination or between the employee's residence and destination.
6. Personal Protection Equipment
(a) Employees are required to wear C.S.A. approved safety footwear which is
recommended by the Joint Health and Safety Committee and designated by the
Municipality. The cost of required safety footwear will be paid for by the
Municipality.
(b) The Municipality will provide such tools and equipment as are necessary to carry
out the work of the Municipality. Employees will use such equipment with
reasonable care.
(c) The Municipality will issue to its employees such parkas and insulated overalls
in accordance with the appended Memorandum on Clothing Issue dated
March 6, 1995.
(d) Employees required to represent the Municipality to the public on an ongoing
and continual basis will be required to wear clothing issued by the
Municipality.
(e) The quality of clothing and colour requirements will be the decision of the
Corporation.
(f) Annual issue of clothing will be standardized as follows:
2 shirts or reflective T-shirts (long or short sleeve - employee choice)
2 pairs of work trousers
(the employee may select any combination required in any given year from
the four standard issue items)
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24.
1 pair regular overalls (Note: By-Law Enforcement Officers will be issued one
pair of overalls only).
On the first year of issue the employee will receive 3 shirts and 3 pairs of
work trousers.
(g) The Corporation reserves the right to request that an employee replace any
of the standard clothing issue that is not considered by the Corporation to be
in keeping with the Corporate image at the employee's own cost.
(h) Employees will be responsible for the care of all clothing issued by the
Municipality. Replacement of articles shall be provided when the old items are
turned in to the Department Head.
(i) An employee may elect to purchase any of the standard clothing over and
above the annual items issued by the Corporation.
(j) 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.
(k) It is understood that the above tools, equipment and clothing are the property of
the Municipality and are not to be removed from the premises without prior
permission of the Department Head.
(1) All employees shall be required to wear C.S.A. approved safety hats, vests and
reflective clothing in accordance with the Construction Safety Act. C.S.A.
approved safety hats, vests and reflective clothing shall be supplied by the
Municipality to all employees.
(m) Temporary employees will not be provided with uniforms but will be required
to purchase the normal department issue and they must supply their own
CSA approved safety boots as a condition of the job.
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(n) Probationary employees must purchase their own boots and be reimbursed
at the end of the probation.
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25.
7. Bulletin Boards Posting Notices
The Municipality 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.
8. Payment
Employees shall be paid bi-weekly.
9. Errors and Omissions Insurance
The Municipality agrees to maintain Public Liability and Errors and Omissions
Insurance coverage for damages, costs and legal expenses in accordance with the prevailing
Municipal 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 employees while acting in the
course of their employment. The protection provided shall be governed by the terms and
conditions of such insurance policy.
10. Professional Fees
The Municipality agrees to reimburse employees the full cost of membership fees
of professional associations which are directly related to the employee's employment duties.
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26.
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
Computer Systems Manager
Revenue Supervisor/Tax Collector
Chief Building Official
Senior By-law Enforcement Officer
Works Foremen
Manager of Engineering
Manager of Operations
Fleet Superintendent
Recreation Superintendent
Facility Superintendent
Parks and Cemetery Superintendent
Parks and Cemetery Manager
Assistant to Program Manager
Purchasing Manager
Program Manager
Recreation Co-ordinator
Manager Strategic Planning
Manager Development Review
Supervisor of Plans Examination and Inspection
Marketing and Tourism Officer
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27.
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, and
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.
3. The parties further agree that the current Engineering Services Supervisor
predominantly performs bargaining work and therefore is deemed to be part of the bargaining unit
notwithstanding the title of the position.
DATED at Bowmanville this third day of December, 1991.
ON BEHALF OF THE UNION ON BEHALF OF THE CORPORATION
(signed) (signed)
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28.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
The Joint Corporation/Union Negotiation Committee
To:
The Clothing Issue Committee
From:
March 6, 1995
Date:
Clothing Issues: A: 1993/94 Parkas/Insulated Overalls
Subject: B: 1 95/96 Unifo �}� C
�lncorporated into Scmedureid'B"�ions
A: 1993/94 PARKASANSULATED OVERALLS
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The following interpretation of the 1993/94 negotiated terms for issuance of Parkas or
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insulated overalls has been agreed to:
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1. Insulated overcoats or insulated overalls issued to those employees who the
Corporation has identified as requiring them. The following employees have been
identified for issue of parkas or overalls:
. All Outside Employees currently identified on the outside grid
The Building and Plumbing Inspectors
Public Works Construction Employees - Tech. II,
Supervisor of Engineering, Assistant Manager of Construction (Contract
Position)
Parking Ffforcxfflt Officers and By-Law Frtforcffwt Officers
2. Replacement of parkas or insulated overalls will be on a minimum of three years
and as approved by the Corporation.
3. Insulated overcoats and insulated overalls that have been replaced with-pew ones
will remain at the workplace for use in jobs that are considered to be more
damaging to clothing.
4. The specifications of the insulated overalls and overcoats will be decided by the
Corporation based on the individual needs of the Department.
Agreed to on Behalf of the:
Municipalit of ar' on Un' n Date
Section A:
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