HomeMy WebLinkAbout97-103 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 97- 103
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 dated the 12th day of May 1997, as described
in Report Admin-17-97, and the Canadian Union of Public Employees, Local 74 (Inside
Employees) and the Corporation of the Municipality of Clarington dated the 12th day
of May 1997, as described in Report Admin-17-97.
By-law read a first and second time this 12th day of May, 1997.
By-law read a third time and finally passed this 12th day of May, 1997.
MAYOR
%' CLERK
1
1
� 1997 - 1998
' Collective
� Agreement
� Between
1
' MUNICIPALITY OF
� = airinato 'n
t ONTARIO
And
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C U P E .
� Local 74
i OUTSIDE
' 1997-1998 OUTSIDE COLLECTIVE AGREEMENT
' INDEX
' ARTICLE I - PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 2 - SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
tARTICLE 3 - NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
' ARTICLE 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 11 - 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 & TRANSFERS . . . . . . . . . 7
' ARTICLE 17 - SENIORITY APPLIED TO LAY-OFFS AND RECALLS . . . . . . . . . . . 8
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
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ARTICLE 22 - SAFETY PROVISIONS 12 ,
ARTICLE 23 - BENEFIT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 '
ARTICLE 24 - VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 25 - PAID HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 r
ARTICLE 26 - SHORT TERM SICK LEAVE PLAN . . . . . . . . . . . . . . . . . . . . 16 '
ARTICLE 27 - REIMBURSEMENT OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 28 - SCHEDULES 18 ,
ARTICLE 29 - TERMINATION OR AMENDMENT. . . . . . . . . . . . . . . . . 18 ,
SCHEDULE "A•• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE "B.. . . . . . . . . . . . . . . . . . . . . r
MEMORANDUM ON CLOTHING ISSUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 '
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' Expiry Date: December 31, 1998
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
Outside Agreement
' 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 its employees save and except supervisors, those above the rank of supervisor, office staff,
and persons regularly employed for not more than twenty-four (24) hours per week and students
employed during the school vacation periods.
' 2.2 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. '
2.3 No employee shall bid on any municipal contract unless expressly permitted '
to do so, in writing, by the Municipality.
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 meeting 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:
(1) Maintain order, discipline and efficiency and to make, alter, and enforce from time '
to time reasonable rules.
(2) Hire, promote, demote, transfer, re-classify, discipline or suspend employees, to ,
discharge any employee for just cause provided that a claim by an employee who
has acquired seniority that the employee has been discharged without just cause '
may be the subject of a grievance and dealt with as hereafter provided.
(3) Operate and manage its operations in all respects in accordance with its '
commitments and responsibilities and in pursuance of its policies, decide on the
number of employees needed in any classification, establish job qualifications,
determine location of offices, the schedules of operation, the assignment of work, '
- methods, processes and means of operating, and the extension, curtailment and
cessation of operations.
Outside
' 3.
' (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 3an amount equal
to the current monthly dues.
' 7.3 The Treasurer of the Municipality shall deduct an amount equal to Union dues
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from the wages of all employees each pay and shall remit such amount by the fifteenth day of
the following month to the Union. The Municipality shall be notified in writing at least thirty
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:
' Ste_
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:
' Sten 2
' Within five (5) working days following the decision in Step 1, the employee shall, with
the assistance of the steward, present the written grievance to the Department Head. The
' Outside
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4. '
Department Head shall have five 5 working days to review the matter and res pon d in
writing to the parties concerned. Failing settlement, then:
Step 3
Within five (5) working days following the decision in Step 2, the employee, assisted by ,
the Grievance Committee and/or representative of the Union, may take the matter up with
the Chief Administrative Officer. The Chief Administrative Officer shall have five(5)
working days following the meeting to respond to the grievance. Failing settlement at this
level, the matter may then be referred to Arbitration within five (5) working days of the
Chief Administrative Officer's response.
8.2 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 '
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. '
(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 terms of the Agreement or
to make any decision which is inconsistent with the terms of the collective agreement.
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.
Outside
5.
' 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 Compensation for Union Committee
(a) 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
1 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 Municipality, 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, injury or jury duty for up to fifteen (15) consecutive months or in the
' case of any other approved absence, for up to three (3) consecutive months.
Outside
6.
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 P eriod an employee shall be '
placed on the appropriate seniority list and his seniority shall date; back to the employee's last
date of hire. '
ARTICLE 14 - TEMPORARY EMPLOYEES
14.1 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 '
periods. The Union will be provided by administration 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 Municipality for longer
than six(6) months (or'eight (8) months for employees of facilities, parks and cemeteries) within
any continuous twelve (12) month period, without the prior written approval of the Union, or
who has been accepted by the Municipality 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 4 and 7 of '
Schedule "B" and they shall not be entitled to Articles 8 or 9 with respect to discharge or
termination. Temporary employees shall not be employed while regular employees are on layoff.
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Outside
' '7.
' ARTICLE 15 - LOSS OF SENIORITY
15.1 . Seniority rights shall cease and employment shall be deemed terminated for
the following reasons:
' a) a quit or resignation from employment;
b) retirement at age 65;
' c) discharge for just cause;
d) layoffs for a continuous period of twelve (12) consecutive months or more;
e) failure to respond to a recall to work notice within five (5) days after the
' employee has been so notified by the municipality via registered mail
addressed to the employee's last address on record with the municipality;
! f) using a leae of absence for reasons other than that for which it was granted,
or exceeding the duration of an approved leave of absence;
' g) failure to provide reasonable notice to the Corporation of absence from work
in excess of five (5) consecutive days.
ARTICLE 16 - SENIORITY APPLIED TO PROMOTIONS & TRANSFERS
( 16.1 Promotions and/or posted transfers within the bargaining unit will be based
primarily on the skill, ability, experience and qualifications of the employees concerned, but as
between two (2) persons of approximately equal standing based upon the above factors, seniority
shall govern. The secretary of the local will be advised as to pending transfers or promotions.
1 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.
(b) The term "immediate family" shall be defined to include mother, father, spouse,
' son, daughter, sister, brother, aunt, uncle, grandparent or grandchild.
Outside
8.
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.
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
employee 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.
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.
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 previous seniority for a period not to exceed two (2)
calendar years. If transferred back to a position subject to the provisions of this Agreement, the
employee shall carry this accumulated seniority, but will not be credited with seniority
accumulated outside the unit.
ARTICLE 19 - JOB POSTING
19.1 (a) 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.
b In order to avoid postings during the annual shutdown period, it is agreed that no ,
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jobs shall be posted for public works positions within three (3) days of the
commencement of the annual shutdown. ,
Outside
' 9.
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.
1 (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 his
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 in 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 up to thirty (30) days at the expense of the Employer. If such leave is
for a period longer than thirty (30) days, the employee shall pay benefits in advance for that
period of leave in excess of thirty (30) days.
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:
Outside
10.
i only one leave of absence within the bargaining unit will be '
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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;
(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 Outside and
Inside bargaining units shall be deemed to be one bargaining unit and that ,
only one employee in total shall be granted leave of absence under these
provisions.
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.
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- I
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, P arental 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.
Outside
1
11.
(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.
' (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 Paternity Leave
An employee will be entitled 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.
1 20.8 Jury Duty
An employee called for jury duty or subpoenaed as a witness in any court, will be
granted leave of absence without loss of pay for the duration of such duty, less any fee paid for
the service and subject to the Clerk of the Court certifying the time.
' 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 the funeral of.
r (a) An employee's spouse, common-law spouse, son or daughter, up to five (5)
consecutive working days;
(b) An employee's father, mother, father-in-law, mother-in-law, sister or brother, up
to three (3) consecutive working days;
(c) An employee's grandmother, grandfather, son-in-law, daughter-in-law, sister-in-
law, brother-in-law, or grandchild, up to two (2) consecutive working days;
t (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.
Outside
12.
ARTICLE 21 - FIRST AID KITS
21.1 First-Aid Kits will be supplied by the Municipality and kept in places easily
accessible to all employees including each vehicle regularly operated by an employee on behalf
of the Municipality. It will be the responsibility of both parties to see that the kits are properly
cared for and maintained. The operator of the vehicle will be responsible for its use and be
required to notify the employee's Supervisor in writing when it has been used so that a
replacement can be made. Contents of first-aid kits will be as specified by the Health and Safety
Committee.
ARTICLE 22 - SAFETY PROVISIONS ,
22.1 It is mutually agreed that both parties will co-operate to the fullest extent in the
prevention of accidents, and with some promotion of safety and health as is deemed necessary.
22.2 (a) An employee prevented from performing their regular work with the Employer, ,
on account of an occupational accident that is recognized by the Workers'
Compensation Board as compensable within the meaning of the Workers'
Compensation Act, shall receive from the Employer the difference between the '
amount payable by the Workers' Compensation Board and their regular net salary.
Such payment shall be charged against and be limited to the amount of accrued
sick-leave credits.
(b) In the event an employee is found not to be entitled to workers' compensation
payment, the Municipality will be entitled to full reimbursement of monies paid
to the employee by the Municipality by way of deduction of the appropriate
amount from the employee's subsequent earnings.
ARTICLE 23 - BENEFIT PLAN
23.1 On completion of the probation period, the Municipality agrees to provide the
following coverage consistent with the rules and regulations of the plans and to pay the premium
as set out opposite the plan. The plans are:
a Group Life Insurance based on two 2 times annual earnings to a
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maximum of$125,000.00. Participation in the life insurance plan
is compulsory for all employees 100%
Spousal Life Insurance. Effective the first of the month following ratification
- $15,000 plus $3,000 for each child. Effective January 1, 1998 - $20,000 plus
$4,000 for each child. 100%
Outside
' 13.
(b) A.D.& D. on the basis of two times (2x) annual earnings to a
maximum of$125,000.00 100%
(c) Extended Health Benefits,Major Medical benefits with prescription
drug plan and semi-private hospital coverage. 100%
The parties agree to utilize the services of dru g dispensing dis ensin warehouses for
maintenance drugs and will use generic drugs unless otherwise directed by a
doctor.
The parties will agree to meet following verification to establish a
maintenance drug list.
' (d) Prescription glasses maximum one hundred and seventy-five dollars 100%
($175.00) per person in any two (2) policy years.
' (e) Dental Plan equivalent to Blue Cross#9,major restorative, and orthodontic
coverage for children to a maximum of$2,000. The ODA Fee schedule
shall be the schedule of the year prior to the current year. 100%
' (f) Long Term Disability Plan - 70% of wages to a maximum of two thousand
five hundred dollars ($2,500.00) per month. 100%
23.2 The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act.
23.3 Any change in the Benefit Plan shall be a matter of negotiations between the
parties except that the Municipality shall have the right to designate the carrier.
1 23.4 In cases of absence due to illness or injury, the Municipality will continue to pay
the premium cost of the employee's health and welfare benefits for up to fifteen (15) months
' from the first day of absence. Thereafter, the employee may elect to pay his own benefit
premiums in accordance with the terms and conditions of the master insurance policies so long
as the individual's employment status continues with the Municipality. Extended Health Benefits
1 coverage will continue for the duration of any long term disability claim.
23.5 It is agreed that the full employee's portion of any reduction in unemployment
insurance commission premiums resulting directly from U.I.C. approval of the improved weekly
indemnity plan is included as part of the improved benefits contained in the Collective
Agreement.
Outside
1
14. '
ARTICLE 24 - VACATIONS
24.1 . An employee will be entitled to receive an annual vacation with pay in accordance
with his years of employment, as follows:
On completion of less than one (1) year of One (1) working day for each completed
employment in a calendar year month of employment to a maximum of ten
(10)working days calculated as of December
31st of the year in which employment
commenced
In the calendar year of the 1st anniversary 2 weeks ,
and each year thereafter
In the calendar year of the 4th anniversary 3 weeks r
and each year thereafter
In the calendar year of the 10th anniversary 4 weeks ,
and each year thereafter
In the calendar year of the 19th anniversary 5 weeks ,
and each year thereafter
In the calendar year of the 27th anniversary 6 weeks '
and each year thereafter
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.
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 reference shall only apply to the first two
Pm'P P Y PP Y
(2) weeks of vacation requested (excluding shutdown).
24.5 Vacations may be scheduled an time in the calendar year and eve effort will '
Y Y Y every
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. . Ail vacations will be scheduled by the Department Head or designate and may be
changed if mutually agreed by both parties.
Outside
' 15.
24.6 For each week of vacation to which the employee is entitled, an employee will be
paid as vacation pay,two percent(2%) of his earnings in the previous calendar year, or forty(40)
' hours' pay,,or a full week's salary, as the case may be, 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
periods 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
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 Thanksgiving Day
' Good Friday Christmas Day
Easter Monday Boxing Day
Victoria Day One Floating Holiday
1 Canada Day 1/2 Working day before Christmas
Civic Holiday Day and 1/2 working day before
Labour Day 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 25.1 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 25.1, 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.
Outside
16.
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 Article 25.2 will be
paid one and one-half(1-1/2) times their regular rate for actual hours worked, in addition to the
holiday.
25.4 If a Statutory Holida y falls on a regular working day during an employee s ,
vacation period, the employee shall be granted another day off with pay in lieu thereof or
payment for the holiday at the option of the Department Head or his designate.
25.5 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) Short term sick leave will be pro-rated for eligibility based on date of hire. '
C) If an employee is absent more than 85 working days on a continuous and related 1
illness, the short term claim will automatically be referred to the long term plan.
26.4 Application - First day of illness or non-compensable injury. r
26.5 (a) Top Up - from 75% to 100% on the fourth (4th) day.
- from balance of any sick days banked.
(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.
In no case shall more than five (5) vacation days be used to top up sick leave ,
in any calendar year.
Outside
17.
26.6 No accumulation of unused sick days.
I26.7 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.
(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 or estate, 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.
26.12. Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
Outside
18.
ARTICLE 27 - REIMBURSEMENT F FEES
O E S
Reimbursement of fees for successful completion of courses relevant to the ,
employee's duties may be granted by the municipality subject to the enrolment being
pursuant to the prior authorization by the department head and the prevailing municipal
policy.
ARTICLE 28 - SCHEDULES
28.1 Attached hereto and forming part of the Agreement are: ,
Schedule "A" - Wages and Job Classifications
Schedule "B" - Hours of Work and Working conditions
ARTICLE 29 - TERMINATION OR AMENDMENT '
28.1 This Agreement will be effective from January 1st, 1997 until December 31st
1998, and from year to year thereafter unless either part gives notice in writing within ninety(90) ,
days of the expiry date in any year of their desire to amend or terminate.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS '
AND SEALS THIS DAY OF �E,oTEiy6EiP , 1997.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF: '
THE CORPORATION OF THE CANADIAN UNION OF PUBLIC
MUNICIPALITY OF CLARINGTON EMPLO S AND TS L 74
Mayor ,
r
Clerk
Outside
19.
Municipality of Clarington
' Outside Collective Agreement
Schedule " A"
WAGES AND JOB CLASSIFICATIONS
i1january 1 1997 — December;31 1998
Code Classification start 12 mths 18 mths 24 mths 36 mths
1 * Labourer
*Facility Operator 1 12.65 13.31 14.02
* Building Services
* Parks and Cemetery Services
Annual Rate 26,302 27,689 29,159
2 Vacant 13.26 13.96 14.70
Annual Rate 27,584 29,033 30,567
3 Facility Operator II
Light Equipment Operator 14.29 15.05 15.84 16.68 17.551
Annual Rate 29,726 31,302 32,941 34,684 36,512 j
4 Animal Control Officer 15.17 15.97 16.81 17.70 18,6211
Heavy Equipment
Annual Rate 31,554 33,214 34,957 36,806 38,739
' 5 Mechanic"A" 15.99 16,84 17.73 18.65 19.63
i
Annual Rate 33,256 35,020 36,869 38,802 1 40,840 j
I
' 6 Traffic Co—Ordinator 17.09 17.99 18.94 19.93 20.98
Leadhand
Leadhand Mechanic
' Leadhand Horticulture
Sr. Animal Control Officer
Annual Rate 35,546 1 37,415 1 39,3901 41,449 43.634
Notes:
1) * Incumbents at thirty—six(36)month level will not be restricted by future overall grid increases.
2) Facility Operators with valid Refrigeration"B"Certificates shall receive the Facility Operator 11 rate of pay.
3) Employees shall be paid bi—weekly on Thursday for a pay period ending the previous Friday.
4) A premium of sixty(60)cents per hour above the employee's classified rate shall be paid for all hours worked on shifts
that begin between 3:00 p.m.and 6:00 a.m.of the next day following. Premium will not be paid on evening and
weekend patrol shifts for Public Works employees.
5) Heavy Equipment:Grader,Gradall,Backhoe,Front—end Articulating Loader,Streelsweeper,Side Boom Mower(The
1 Operator will be paid the heavy equipment rate when operating the loader for four(4)hours or more). •.
6) If an overpayment in wages is made resulting from a change in positions or classifications,an adjustment
I;
may be made through an employee's future earnings. {
7) The change in name of classification does not,in itself,speak to any issue regarding work assignment.
1 Memo of Understanding: i
FacilitV Operator II will not have wage rates reduced when transferred out of the facility.
Revised:June 16,1997(0%]
20. i
t
SCHEDULE "B"
HOURS OF WORK AND WORKING CONDITIONS
The Municipality may consider the implementation of ten (10) hour shifts, in
consultation with the employees. Overtime on any ten-hour shift would be paid after ten (10)
hours in a day, forty (40) hours/week.
Depending on workloads S employees may be moved between departments or
to different facilities, with two (2) weeks notice, or in the case of an emergency, 'without
notice. The junior employee who is trained and qualified to do the required work will be
the first transferred. Animal Control is excluded from this provision.
1. The normal hours of work shall be forty (40) hours per week as follows: t
(1) Public Works Department - Five (5) eight (8) hour days, Monday to
Friday. The normal day shift shall be 7:00 a.m. to 3:00 p.m. with a one-half(1/2)
hour paid lunch period. It is understood that employees will remain on site
during the rest and lunch periods.
(2) Facilities - Shifts in the facilities shall continue as scheduled by the
Facilities Manager. Shift schedules will be posted two (2) weeks in advance and
will not be subject to change unless such change is necessary due to circumstances
beyond the reasonable control of the Supervisor.
(3) Animal Control-Five(5)consecutive eight(8)hour days,Monday through
Saturday. The normal day shift shall be scheduled between the hours of 7:00 a.m.
and 9:00 p.m. as scheduled by the appropriate supervisor in consultation with
employees in the Department. Said schedule will be posted by the 15th day of the
preceding month.
(4) Parks and Cemetery - Five (5) consecutive eight (8) hour days, Monday
through Saturday. The normal day shift shall be scheduled between the hours of
7:00 a.m. and 9:00 p.m. No more than two employees will be required to work '
Saturday at any one time.
(5) Building Services - Five (5) consecutive eight (8) hour days, Monday i
through Friday. The normal shift shall be worked between the hours of 7:00
a.m. and 9:00 p.m. as scheduled by the Property Manager. Except, however,
on days where Council is sitting, the normal day shift may be scheduled to
end at 10:00 p.m. Said schedule shall be posted by the 15th day of the
preceding month.
Outside
21.
i
2. Overtime Hours of Work
' Authorized hours worked over and above the (
eight 8)hour day shall be considered
g
as overtime and 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 of overtime worked with the approval of the Department Head.
(a) The Municipality shall pay double time for all hours worked on a Sunday except
where regularly scheduled.
' (b) Where reasonably possible overtime will be distributed equitably among the
employees who normally perform the work at the depots.
3. Call-Out Pay
' When employees are called out in an emergency they will not receive less than
three (3) hours pay at overtime rates. More than one (1) call-out within the time period specified
' above shall be considered as continuous.
4. Standby Pay
Any employee designated to standby duty during other than normal hours of work
will receive twenty dollars($20.00)per day as standby pay. Any employee designated to standby
duty on the day the holiday actually falls will be paid thirty dollars ($30) per day as standby pay.
Standby schedules shall be posted at least one (1) month in advance and shall not be changed
' without the mutual agreement between the employer and the employee or in the case of an
emergency.
'
5 Meal Allowance/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).
' (b) An employee shall be permitted to a rest period of fifteen (15) minutes in each
half shift.
Outside
22.
i
i
6. Mileage
Employees required to use their own vehicles for business purp oses will be i
reimbursed at the rate of thirty-six cents ($0.36) per kilometer (effective first of the month
following ratification). Effective January 1, 1998 - thirty-eight cents ($0.38) 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.
7. 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. This
covers all outside agreement workers with the exception of By-Law Enforcement
Officers. ,
(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) ,
-1 pair regular overalls (Note: By-Law Enforcement Officers will be issued one
pair of overalls only).
Outside
23.
' On the first year of issue the employee will receive 3 shirts and 3 airs of work
Y P
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.
(n) Probationary employees must purchase their own boots and be reimbursed at the
' end of the probation.
' 8. Bulletin Boards Posting Notices
' The Municipality agrees to provide bulletin boards for each office building on which the
Union shall have the right to post notices of meetings, and other notices as may be of interest to
the employees subject to management approval.
Outside
24.
9. Classifications ,
(a) Higher Classifications 1
Employees required to work in a higher classification shall receive the higher rate for all
hours worked if more than four (4) per day. i
(b) Lower Classifications
When an employee is detailed to relieve on a temporary basis for any period in a position
of lower rating, he shall maintain his regular rate of pay while so assigned.
10. Errors and Omissions Insurance '
The Municipality agrees to maintain Public Liability, Errors and Omissions
Insurance coverage for damages and 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.
11. Professional Fees '
The Municipality agrees to reimburse employees the full cost of membership fees of
professional associations directly related to the employee's employment duties.
Outside
' 25.
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: $• 1,9.95/96 UmliaiJwClo" opsiderapons
l ncor orat_ into c ulle "B"))_-_________-____
A: 1993/94 PARKASANSULATED OVERALLS
' The followin g interpretation inte retation of the 1993/94 negotiated terms for issuance of Parkas or
�
insulated overalls has been agreed to:
'
I. Insulated overcoats or insulated overalls issued to those Y
em P to ees 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 EnforwmM Officers and By-L.& Enfotroarent 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�ew on es
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:
' Municipality of Cffi'agrton Union Date
i
Section A: 1-nAl?.2�9s�
Z
1
� 1997 - 1998
Collective
Agreement
� Between
1
MUNICIPALITY OF
arinqtrion
�
ONTARIO
1 And
1
� C . U . P . E .
� Local 74
� INSIDE
' 1997-1998 INSIDE COLLECTIVE AGREEMENT
' INDEX
' ARTICLE 1 - PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 2 - SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
' ARTICLE 3 - NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
' ARTICLE 4 - NO COERCION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
tARTICLE 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
tARTICLE 11 - 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 . . . . . . . . . . . 8
' 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 25 - PAID HOLIDAYS . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 '
ARTICLE 26 - SHORT TERM SICK LEAVE PLAN . . . . . . . . . . . . . . . . . . . . . . . . 16 ,
ARTICLE 27 - REIMBURSEMENT OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 28 - SCHEDULES. 18 '
ARTICLE 29 - TERMINATION OR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . 18 '
SCHEDULE "A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE "B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
MEMORANDUM OF UNDERSTANDING . . . . . . . . . . . . . . . . . . . . 25
MEMORANDUM ON CLOTHING ISSUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 '
' Expiry Date: December 31, 1998
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
Inside Agreement
' 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. '
2.3 No employee shall bid on any municipal contract unless expressly permitted '
to do so, in writing, by the Municipality.
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 '
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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:
(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
t thirty (30) calendar days prior to any required change in Union dues assessment
1 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
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Department Head shall have five (5) working days to review the matter and respond in
writing to the parties concerned. Failing settlement, then:
Step 3 '
Within five (5) working days following the decision in Step 2, the employee, assisted by ,
the Grievance Committee and/or representative of the Union, may take the matter up with
the Chief Administrative Officer. The Chief Administrative Officer shall have five (5)
working days following the meeting to respond to the grievance. Failing settlement at this '
level, the matter may then be referred to Arbitration within five (5) working days of the
Chief Administrative Officer's response. '
8.2 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
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;
(2) One-half(1/2) of the fees and expenses of the Chairman.
9.3 The Arbitration Board shall have no ower 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. ,
ARTICLE 10 - MANAGEMENT GRIEVANCES
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10.1 The Municipality may bring forward a 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 r
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, injury or jury duty for up to fifteen (15) consecutive months, or in the
case of any other approved absence, for up to three (3) 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
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
periods. The Union will be provided by administration 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 Seniority rights shall cease and employment shall be deemed terminated for
the following reasons:
' a) a quit or resignation from employment;
b) retirement at age 65;
C) discharge for just cause;
' d layoffs for a continuous period of twelve 12 consecutive months or more,
' e) failure to respond to a recall to work notice within five (5) days after the
employee has been so notified by the municipality via registered mail
addressed to the employee's last address on record with the municipality;
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fj using a leave of absence for reasons other than that for which it was granted,
or exceeding the duration of an approved leave of absence;
g) failure to provide reasonable notice to the corporation of absence from work
in excess of five (5) consecutive days.
' 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, ability, experience and qualifications of the employees concerned, but as
between two (2) persons of approximately equal standing based upon the above factors, seniority
shall govern. The secretary of the local will be advised as to pending transfers or promotions.
' 16.2 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.
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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
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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.
17.2 Unless legislation is more favourable '
s g a ourable 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.
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.
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.
ARTICLE 19 - JOB POSTING
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.
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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.
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 writin g, a leave of
' absence for a specified period of time, for full-time union duties, without
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pay or benefits, but without loss of seniority, upon the following
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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;
(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 r
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. '
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
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' 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.
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 Paternity Leave
An employee will be entitled to up to one (1) full day's leave of absence without
loss of pay for the purpose of being in attendance 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,
1 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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ARTICLE 21 - FIRST-AID KITS
21.1 First-Aid Kits will be supplied by the Municipality and kept in places easily '
accessible to all employees including each vehicle regularly operated by an employee on behalf
of the Municipality. It will be the responsibility of both parties to see that the kits are properly
cared for and maintained. The operator of the vehicle will be responsible for its use and will be
required to notify the employee's Supervisor in writing when it has been used so that a
replacement can be made. Contents of first-aid kits will be as specified by the Health & Safety '
Committee.
ARTICLE 22 - SAFETY PROVISIONS
22.1 It is mutually agreed that both parties will co-operate to the fullest extent in the
prevention of accidents, and with some promotion of safety and health as is deemed necessary.
22.2 a) An employee prevented from performing their regular work with the Employer on
account of an occupational accident that is recognized by the Workers'
Compensation Board as compensable within the meaning of the Workers'
Compensation Act, shall receive from the Employer the difference between the
amount payable by the Workers' Compensation Board and their regular net salary.
Such payment shall be charged against and be limited to the amount of accrued
sick leave credits. '
b) In the event an employee is found not to be entitled to workers' compensation
payment, the Municipality will be entitled to full reimbursement of monies paid
to the employee by the Municipality by way of deduction of the appropriate
amount from the employee's subsequent earnings. ,
ARTICLE 23 - BENEFIT PLAN
23.1 On completion of the probation period, the Municipality agrees to provide the
following coverage consistent with the rules and regulations of the plans and to pay the premium '
as set out opposite the plan. The plans are:
a) Group Life Insurance based on two (2) times annual earnings to a maximum of
$125,000.00. Participation in the life insurance plan is compulsory for all
employees. 100%
Spousal Life Insurance. Effective the first of the month following ratification '
- $15,000 plus $3,000 for each child. Effective January 11998 - $20,000 plus
$4,000 for each child. 100% '
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b) AD&D on the basis of two times(2x) earnings to a maximum of one hundred and
twenty-five thousand dollars ($125,000.00) 100%
C) Extended Health Benefits, Major Medical benefits with prescription drug plan and
semi-private hospital coverage. 100%
' The parties agree to utilize the services of drug dispensing warehouses for
maintenance drugs and will use generic drugs unless otherwise directed by a
doctor.
The parties will agree to meet following verification to establish a
maintenance drugs list.
d) Prescription glasses maximum one hundred and seventy-five dollars ($175.00) per
' person in any two (2) policy years. 100%
e) Dental Plan equivalent to Blue Cross #9, major restorative, and orthodontic
coverage for children to a maximum of$2,000. The O.D.A. Fee Schedule shall
be the schedule of the year prior to the current year. 100%
f) Long Term Disability Plan - 70% of wages to a maximum of two thousand, five
hundred ($2,500.00) dollars per month. 100%
23.2 The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act.
23.3 Any change in the Benefit Plan shall be a matter of negotiations between the
parties except that the Municipality shall have the right to designate the carrier.
23.4 In cases of absence due to illness or injury, the Municipality will continue to pay
the premium cost of the employee's health and welfare benefits for up to fifteen (15) months
from the first day of absence. Thereafter, the employee may elect to pay his own benefit
premiums in accordance with the terms and conditions of the master insurance policies so long
as the individual's employment status continues with the Municipality. Extended Health Benefits
coverage will continue for the duration of any long term disability claim.
23.5 It is agreed that the full employee's portion of any reduction in unemployment
insurance commission premiums resulting directly from U.I.C. approval of the improved weekly
indemnity plan is included as part of the improved benefits contained in the Collective
' Agreement.
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ARTICLE 24 - VACATIONS
24.1 An employee will be entitled to receive an annual vacation with pay in accordance '
with his years of employment, as follows:
On completion of less than one year One working day for each completed month of r
of employment in a calendar year employment to a maximum of ten working days
calculated as of December 31 st of the year in which
employment commenced
In the calendar year of the 1 st
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anniversary and each year thereafter 2 weeks
In the calendar year of the 4th
anniversary and each year thereafter 3 weeks
In the calendar Y ear 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
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anniversary and each year thereafter 6 weeks
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.
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.
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
' 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
' 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
1 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
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and the employee.
25.2 If one of the holidays set out in Clause 25.01 is celebrated on a Saturday Y 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.
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25.3 Employees required to work on the day the holiday actually falls will be P aid
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. '
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, i
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, r
75% for the remaining days.
b) Short term sick leave will be pro-rated for eligibility based on date of hire. ,
C) 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 non-compensable injury. '
26.5 (a) Top Up - from 75% to 100% on the fourth (4th) day.
- from balance of any sick days banked.
(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.
In no case shall more than five (5) vacation days be used to top up sick leave
in any calendar year.
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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.
(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 or estate, 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 p ersons 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
1 absent from work as a result of lay-off.
26.12 Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
' Inside
18.
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ARTICLE 27 - REIMBURSEMENT OF FEES
27.1 Reimbursement of fees for successful completion of courses relevant to the
employee's duties may be granted by the municipality subject to the enrolment being
pursuant to the prior authorization by the department head and the prevailing municipal
policy.
ARTICLE 28 - SCHEDULES
28.1 Attached hereto and forming part of the Agreement are:
1
Schedule "A" - Wages and Job Classifications
Schedule "B" - Hours of Work and Working Conditions
i
ARTICLE 29 - TERMINATION OR AMENDMENT
29.1 This Agreement will be effective from January 1st, 1997 until December 31st,
1998, 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.
1
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS
AND SEALS THIS --?,Po DAY OF SFoTEM&E,e 1997.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
1
THE CORPORATION OF THE CANADIAN UNION OF PUBLIC
MUNICIPALITY OF CLARINGTON EMPLOY SAN ITS LOCAL 74 ,
3
Mayor
r
J 1
Clerk
r
Inside ,
1
19.
Municipality of Clarington
Inside Collective Agreement
Schedule "A"
WAGES AND JOB CLASSIFICATIONS
.lams ) )997 December 3) 1998
Code Classification Start 6mths 12mths lamtns 24mths 30mths
1 Vacant 20,761 21,892 23,023 24,158 4j
Hourly Rate 11.41 12.03 12.65 13.27
2 Clerk 1 21,863 23,061 24,258 25,507
Hourly Rate 1101 12.67 1333 14.01
3 Parking Enforcement 22,974 24,167` 25,419 26,739
Hourly Rate 12.62 13.281 13.97 14.69 .
4 Vacant 24,353 25,815 27,363 29,005
Hourly Rate 1338 14.18 15.03 15.94
5 Clerk II 25,6261 27,205 28,784 30,364 31,943
Permit Clerk Hourly 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 1 27,184 28,863 30,538 32,216 33,893
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
Hourly 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 Hourly Rate 16.81 17.86 18.90 19.941 20.98'
Accounting Clerk II
Engineering Tech.11
Graphics Technician l
Operations Technician
9 Building Inspector 32,334 34,329 36,328. 38,326 40,322
Accountant HouriyRate 17.77 18.86 19.961 21.06 22.16
Plumbing Inspector
Engineering Tech.Ul
By-Law Enforcement Officer
Network Analyst
10 Vacant 34,205 36,395 38,434 40,550 I 42,665
1 HourlyRate 18.79 20.00 21.12 22.28 23.441
I!
11 Vacant 36,496 38,139 39,855 41,648 42,900
Hourly Rate 20.05 1 20.96 21.90 22.88 2357
' 12 Engineering Co-ordinator 39,051 40,282 41,513 42,391 43,2691 44,856 1.
Planner Hourly Rate 21.46 22.13 22.81 23.29 23.77 24.65�I
Construction Co-ordinator
II
13 Vacant 41,589 42,836 44,122 45,445 46,808 48,213!,1
Hourly Rate 22.85 2354 24.24 24.97 25.72 26.491
'I
14 Senior Planner
Engineering Serv.Supervisor 44,118 45,772 46,875 48,529 49,6321 51,287,
Hourl Rate 24.24 1 25.15 1 25.76 26.66 27.27 28.18 1';
Revised:June 16/9710%1
20.
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. '
Inside ,
i 21.
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.
(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
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).
Inside
22. i
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-six cents (36c) per kilometer (effective first of the month
following ratification). Effective January 1, 1998 - thirty-eight cents (.38) 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)
Inside ,
1 23.
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.
! (}) 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.
(n) Probationary employees must purchase their own boots and be reimbursed at the
end of the probation.
' Inside
24.
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.
Inside ,
' 25.
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
i Program Manager
Recreation Co-ordinator
Manager Strategic Planning
Manager Development Review
Supervisor of Plans Examination and Inspection
Marketing and Tourism Officer
Inside
26. '
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) i
Inside '
' 27. _
' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
' The Joint Corporation/Union Negotiation Committee
To:
The Clothing Issue Committee
' From:
March b, 1995
Date:
'
Subject: Clothing Issues: A: 1993/94 Parkas/Insulated Overalls
B: 1995/96 iw Cro sidera)tions
------------------
kincor p orate into Jc eaau e B
-------------- -----------------
' A: 1993/94 PARKASANSULATED OVERALLS
The following interpretation of the 1993/94 negotiated terms for issuance of Parkas or
' insulated overalls has been agreed to:
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. 11,
Supervisor of Engineering, Assistant Manager of Construction (Contract
Position)
' . Parking Enforan2nt Officers and By-Law EnforesTffrt 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:
Muniei alit of a on Un' n Date
i
Section A:
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