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HomeMy WebLinkAbout1914TOWN OF BO'WMANVILLE BY -LAW NO. To authorize the Mayor and Clerk to execute and affix the Corporate Seal to a certain Agreement between the Corporation of the Town of Bowmanville and The Members of the Bowmanville Police Association. THE COUNCIL OF THE CORPORATION OF THE TOWN OF BOWiVIANVILLE ENACTS AS FOLLOWS: That the Mayor and Clerk be and ar �• y e hereby authorized to execute and affix the Corporate Seal to a certain Agreement dated the 1st day of January A.D., 19 64 between the Corporation of the Town of Bowmanville and The Members of the Bowmanville Police Association. READ a First and Second time this 6th day of July A. D. 1964, READ a Third time and Finally passed this 6th day of July A. D . , 19 64 . Im YO r' TOWN OF BO'WMANVILLE BY -LAW NO. To authorize the Mayor and Clerk to execute and affix the Corporate Seal to a certain Agreement between the Corporation of the Town of Bowmanville and The Members of the Bowmanville Police Association. THE COUNCIL OF THE CORPORATION OF THE TOWN OF BOWiVIANVILLE ENACTS AS FOLLOWS: That the Mayor and Clerk be and ar �• y e hereby authorized to execute and affix the Corporate Seal to a certain Agreement dated the 1st day of January A.D., 19 64 between the Corporation of the Town of Bowmanville and The Members of the Bowmanville Police Association. READ a First and Second time this 6th day of July A. D. 1964, READ a Third time and Finally passed this 6th day of July A. D . , 19 64 . Im YO r THE CORPORATION OF THE TOWN OF BOWMANVILLE and e THE MEMBERS OF THE BOWMANVILLE POLICE ASSOCIATION, excepting Chief Constable and Deputy -Chief Constable --------------- - -- A G R E E M E N T ------------ - - - - -- 0 El THE CORPORATION OF THE TOWN OF BOWMANVILLE and e THE MEMBERS OF THE BOWMANVILLE POLICE ASSOCIATION, excepting Chief Constable and Deputy -Chief Constable --------------- - -- A G R E E M E N T ------------ - - - - -- 0 El AND THE CORPORATION OF THE TOWN OF BOWMANVILLE hereinafter called the "Corporation", The members of the BOWMANVILLE POLICE ASSOCIATION excepting the Chief Constable and the Deputy -Chief Constable, hereinafter called "Constables" ARTICLE I PURPOSE (a) The purpose of this Agreement is to establish the salaries, hours of work, overtime, statutory holidays, annual leave, sick leave, service recognition, insurance, Hospital Insurance, Physician's services insurance and Pension. (b) This Agreement shall cover and shall mean and include the present members of the Bowmanville Police Depart- ment and any person subsequently hired as a qualified pro- bationary constable as defined by the Police Act of Ontario. It shall not mean and include By -law Enforcement Officers, Special Constables or Civilian employees. (c) In event that any of the provisions of this Collective Agreement are found to be in conflict with any valid or applicable federal or provincial law now existing or hereinafter enacted, such law shall supersede the conflicting provisions without in any way affecting the remainder of this Collective Agreement. ARTICLE II RIGHTS OF CORPORATION (a) The Constables acknowledge that, subject to the statutory authority invested in the Mayor and /or Magistrate it is the exclusive function of the Corporation, through its 2. Police Committee, to maintain order, discipline and efficiency. and To hire, discharge,promote, demote or discipline Constables of its Police Department in accordance with the provisions of the Police Act of Ontario, and the Corporation agrcea that its exclissive .2unctions shall be exercised in a manner consistent w.1-th all provisions of this Agreement. (C) The Constables acknowledge that the code of offences that form part of the Regulations of the Police X Act of Ontario shall be the code of discipline for this Agreement. �0 ARTICLE III BARGAINING COMITTEE (a) The Corporation acknowledges the right of the Conctables to appoint or othervaise select, the negotiating c(mm,ittee of not more than three Constables and the members of the negotiating committee w'ill not .include probationary Constables. The Corporation will recognize and deal with the said Cemittee with respect to any matter which properly ko arises from time to time durir � the term of this Agreement. It J*.s understood that the bargaining committee will deal only with such matters as are properly the subject of negotiations, such as proposals for the renewal or modifi- cation of this Agreement at the proper time. A member of the Police Association of Ontario may attend negotiations in an advisory capacity only, if requested to do so by either the Corporation or the Constables. ARTICLE IV COMP1.410T PROCEDURE The parties hereto desire that every justifiable 3m complaint shall be adjusted as quickly as possible. A police officer who has a complaint shall first discuss it with the Police Chief within seven calendar days after the circumstances giving rise to the complaint have come to the police officer's attention or he should reasonably have knowledge of it. During such discussion, which shall take place within two calendar days after a request for it, thy; police officer may request the assistance of another. officer who is a representative of the Bowmanville Police Association, such discussion shall be held with a view to prompt and fair adjustment. Failing settlement, them two days after such discussion or within such longer period as may be mutually agreed upon the police officer may present his complaint irs writing to the Police Committee of the Corporation. A meeting shall be held between the police officer concerned and the Police Comittee within seven calendar days at which time the polio: officer may have in aattendance a sat his request, a fellow officer who is a representative of the Bo%manville Police Association. Within three days after such meeting, the Police Committee shall deliver its decision in writing. (b) (i) Within five days following receipt of the Police Comittee °s decision, a complaint as to the interpretation, application or :administration of the Agreement, including any question as to whether a matter is arbitrable, may be submitted to arbitration. When either party requests that any such complaint as hereinbefore provided be submitted to arbitration, it shall make such request in writing addressed to the other parry to this Agreement, and at the same time nominate an arbitrator. Within five full working days thereafter the other party shall nominate an arbitrator and notify the other pasty. The two arbitrators 4,, so nominated shall meet ix=d1*Uiy9 and if wLthin three working days they fail to settle the grievance, they shall attempt to select, by agreement, a chairman ofthe arbitra- tior, board. If they are urnable to agree on such a chairman within a further period of two working days they-may then request the Attorney General to appoint an impartial cMir,,,,ian. (ii) The arbitration board shall not have Jurisdiction to amend or add to any of the provisions of this Agreement,, or to substitute arty nnezu p2--ovic;icas in lieu thereof, nor to give any decision inconsi3tent with the terms and provisioLns of this Agreement. No matter may be submitted to arbitration which has not been properly carried through the required Complaint Procedure. (iii) The proceedings of the arbitration board will be expedited by the parties hereto. and the decision of the majority of such board will be final and binding upon the parties thereto. (iv) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will Jointly bear the expenses of the chairman of the arbitraticn board.. ARTICLE V (a) Each new Constable shall serve a period of probation of one year from the date of his appointment as it appears on the routine Police Orders for the Department as signed by the Chief Constable. After this elapsed period of one year, provided his service in performance and efficiency has proven satisfactory to the Chief Constable and only on the recocmendation of the Chief Constable,, he. L 5. may be promoted to the rank of Third Class Constable. After service of Third Class Constable for the period of one year, he may be promoted to the rank of Second Class Constable, providing his performance and efficiency has proven satis- factory and only on the re.commendation of the Chief Constable. After service as Second Class Constable for the period of one year, he may be promoted to the rank of First Class Constable, providing his performance and efficiency has proven satisfactory and only on the recommendation of the Chief Constable. (b) Promotion beyond the rank of First Class Constable shall be at the discretion of the Chief Constable and the Corporation. (c) If, in the opinion of the Chief Constable, a Constable which by definition may mean also a sergeant or corporal, has shown exceptional performance or efficiency, he may recommend at his discretion a Constable for promotion before he has served his required term for promotion. (d) For the pyepose of this Agreement, the Constables qualified for rank shall be as follows:- Corporal First Class First Class First Class First Class First Class First Class Probationar Constable Constable Constable Constable Constable Constable y Constable K. Freethy D. Anderson - Effective April 1/61 R. Parker - Effective May 22/61 J. Bird - Effective April 4/61 L. Ricard - Effective Aug. 1/61 T. Davis - Effective June 1/62 J. McGuey - Effective March 16/64 I. Smith - Effective March 16/64 Future promotion will be in accordance with the Schedule as set out in Article 5(a) of this Agreement. (e) Salaries shall be as follows:- Jan. 1st, 1964 Jan.lst,1965 Sergeant..................... Corporal .................... 1st. Class P.0 ............ go 2nd. Class P.C.............. 3rd. Class P.C............,. Prob. Constable..........._. $5035.00 '$5,520.00 5,085.00 5,270.00 4,$35.00 51020.00 4)535-00 4,720.00 4,235.00 4,420.00 3,$35.00 4,(,20.00 ARTICLE VI A TIME TO ATTEND P.A.O. MEETINGS (a) Time off with pay (not to exceed five days per annum) shall be granted for a delegate of the Local Police Association to attend the annual meetings of the Police Association of Ontario. ARTICLE VII OVERTIME (b) Overtime shall mean the time worked in excess of 6. ARTICLE VI HOURS OF WORK (a) The Constables acknowledge that a Police Constable is appointed for twenty -four hours of the day, and that at times and for certain occasions it may be necessary to work more than the normal shift of eight hours. The normal work week shall consist of forty hours. Due to the small Police Force all Constables shall be required to rotate on a shift basis pur- suant to the schedule under paragraph (b) of this Article. Where overtime is worked, time off in lieu of payment will be the first consideration. (b) Shift Sun. Mon. Tues. Wed. Thur. Fri..-- Sat, Nights #1 Off Off Off 8 -4 8 -4 8-4 8 -4 Days 2 8 -4 8 -4 8 -4 Off Off 10 -6 10 -6 (Relief) 3 10 -6 10 -6 (Sp.Assign. 10 -6 Off Off 6 -2 6 -2 Nights 4 6 -2 6 -2 6 -2 6 -2 6 -2 Off Off Days 5 7 -3 7-3 7 -3 7 -3 7 -3 7 -3 7 -3 Evenings 6 Off Off 3 -11 3 -11 3 -11 3 -11 3 -11 Nights 7 3 -11 3 -11 Off Off 11 -7 11 -7 11 -7 8 11 -7 11 -7 11 -7 11 -7 Off Off Off (c) During the term of this Agreement) the Corporation and the Association agree to meet and alter the times and days of shifts as set out in paragraph (b) above should, in the opinion of either party, such alteration be necessary for the performance of satisfactory police protection. ARTICLE VI A TIME TO ATTEND P.A.O. MEETINGS (a) Time off with pay (not to exceed five days per annum) shall be granted for a delegate of the Local Police Association to attend the annual meetings of the Police Association of Ontario. ARTICLE VII OVERTIME (b) Overtime shall mean the time worked in excess of 0 7. eight home per day and forty hours per week. Each Constable will be expected to attend without overtime payment, local lectures given or arranged by the Chief of Police of the torn of Bowmanville to a total of not more than eighteen hours per year. Overtime shall be paid by either time and one -half off or at tte rate of tim and one-half per hoar, whichever iz practicable., Overtime shall be computed and paid monthly. Normally court attendance will be limited to Constables on the. week of their day Shift, however, when circumstances beyond tGhe control of a Constable require his attendance on other than the day shift, overtime will be said at time and one -half per hour, with a minimum of two hours. ARTICLE VIII ANNUAL LEAVE (a) After one year's service, each .Constable will be entitled to two (2) weeks' leave with pay, and three (3) weeks' leave with pay after teas years' service. (b) Vacation may betaken at any time of the year and every effort will be made to allocate vacations at a time suitable to the constable involved. ARTICLE IX STATUTORY HOLIDAYS (a) Statutory Holidays shall mean and include New Yaar" s Day, Coon Fr ,iday, Victoria Day, Dominion Day, Civic Holiday, Labour Day, Thanksgiving Gaya Armistice Day. and Christmas Day. Time off in lieu of holidays worked shall be granted at such Ones as it may be scheduled conveniently by the Chief Constable,, Statutory Holidays shall not be taken on the day shift. Consideration Shall be given to the dates requested by the Constable. 8. ARTICLE X PAYMENT OF SALARIES (a) The salaries of Constables shall be paid every second week and a deduction slip showing the salary and the deductions,-hall be included with each pay. (b) The Treasurer of the corporation shall deduct the Police Issociation of Ontario dues from the salaries of Constables who sign a dues deduction form, in a like runner as outlined in (a) above, and remit the same to the Treasurer of the Local Police Association. ARTICLE XI SERVICE RECOGNITION (a) A service badge shall be granted to a member of the Force for each five -year period of continuous service. (b) The member shall be paid an allowance of 05.00 a month for each service badge to which he is entitled. (c) Service pay shall be computed and paid on December 15th of every year. ARTICLE XII DAYS OFF DUTY (a) Where it is at all possible, the days off duty should be consecutive. Consideration should be given the Constable on his long week -end. The Constable shall be the last Constable to be called for duty in the case of an emergency. ARTICLE XIII CLOTHING (a) All members of the Department shall be entitled to the clothing, boots and gloves supplied in accordance 9e with the Police Act of Ontario; said clothing to be and remain the property of the Corporation and to be returned to the Corporation at the request of the Chief Constable for any reason, ARTICLE XIV SICK LEAVE (a) Sick leave shall be granted to the Constables o are prevented from reporting for duty because of illness or injury. pull salary is to be paid to any member of the Police Association during illness or injury for any reason- able length of time, and if the illness is serious, lengthy or sustained his case is to be reviewed by the Chief of Police Pao will then make his recomendations to the Police .T7' °r . ARTICLE XV INSURANCE (a) in accordeancs with the plan now in effect for Town employees, each Constable shall be entitled to $18000 of life insurance for every $1,000 of salary. The Corporation shall bear 50% of the cost and the Constables shall bear 50% of the costa Each Constable shall be insured as he qualifies, according to the plane (b) The Corporation shall bear 50% of the cost, and the Constables shall bear 50% of the cost of the Ontario Plan for Hospital Services. (c) The Corporation shall bear 50% of the cost and the Constables shall bear 50% of the cost of Physicians' Services Incorporated. ARTICLE XVI (a� All Constables shall be eligible for the Pension 106 Plan of the Town of Bommanville in accordance with the By -law dealing with pensions for Town employees. ARTICLE XVII EFFECTIVE; IRATE This Agreement will be effective from January lst, 1964 until December 31st, 1965 and shall run and have full force and effect until replaced or amended from year to year Provisions for revision or cancellation shall be in accordance with the Police Act of Ontario. President, Police Association