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HomeMy WebLinkAbout71-16THE CORPORATION OF THE TOWN OF BOWMANVILLE BY -LAW NO. 71 -16 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 BOWMANVILLE POLICE ASSOCIATION THE COUNCIL OF THE CORPORATION OF THE TOWN OF BOWMANVILLE ENACTS AS FOLLOWS: 1. THAT THE MAYOR AND CLERK BE ATFD ARE HEREBY AUTHORIZED TO EXECUTE AND AFFIX THE CORPORATE SEAL TO A CERTAIN AGREEMENT DATED THE FIRST DAY OF JANUARY, A.D., 1971, BETWEEN THE CORPORATION OF THE TOWN OF BOWMANVILLE AND THE BOWMANVILLE POLICE ASSOCIATION. READ A FIRST AND SECOND TIME THIS 17TH DAY OF MAY, A.D., 1971° READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF MAY, A.D., 1971. SGIvTD. IVAN M. HOBBS SGND. MAYOR E 0 "p rw1l, � P MEMORANDUM OF AGREEMENT B E T W E E N: THE CORPORATION OF THE TOWN OF BOWMANVILLE (Hereinafter Called The "Corporation ") OF THE FIRST PART IMPTUOM THE MEMBERS OF THE BOWMANVILLE POLICE ASSOCIATION, EXCEPTING THE CHIEF CONSTABLE AND THE DEPUTY -CHIEF CONSTABLE (Hereinafter Called "ConstablesTI) OF THE SECOND PART. ARTICLE I - PURPOSE 1.01 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, Ontario Health Services Insurance Plan and Pension. 1.02 This Agreement shall enure to the benefit of and be binding upon the Corporation and all members of the Bowmanville Police Association, including civilian employees employed in the Police Department and any Constable or civilian employee engaged during the term of the Agreement. 1.03 In the 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 here - inaftft;= enacted, such law shall supersede the conflicting provisions without in any way affecting the remainder of this Collective Agreement. ARTICLE 2 - RIGHTS OF CORPORATION 2.01 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 Police Committee, to maintain order, discipline and efficiency, and 2.02 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 agrees that its exclusive functions shall be exercised in a manner consistent with all provisions of this Agreement. 2.03 The Constables acknowledge that the code of offences that form part of the Regulations of >the - Police Act of Ontario shall be the code of discipline for this Agreement. ARTICLE 3 - BARGAINING COMMITTEE 3.01 The Corporation acknowledges the right of the Constables to appoint or otherwise select, the negotiating committee of not more than three Constables and the members of the negotiating committee will not include probationary Constables. The Corporation will recognize and deal with the said Committee with respect to any matter which properly arises from time to time during the term of this Agreement. It is 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 modification 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. - 2 ARTICLE 4 - COMPLAINT PROCEDURE 4.01 The parties hereto desire that every justifiable 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, the 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, then two days after such discussion or within such longer period as may be mutually agreed upon the police officer may present his complaint in writing to the Police Committee of the Corporation. A meeting shall be held between the police officer concerned and the Police Com=mittee within seven calendar days at which time the police officer may have in attendance, at his request, a fellow officer who is a representative of the Bowmanville Police Association. Within three days after such meeting, the Police Committee shall deliver its decision in writing. 4.02 Within five days following receipt of the Police Committee'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 party 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 party. The two arbitrators so nominated shall meet immediately, and if within three working days they fail to settle the grievance, they shall attempt to select, by agreement, a chairman of the arbitration board. If they are unable 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 chairman. 4.03 The arbitration board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to arbitration which has not been properly carried through the required Complaint Procedure. 4.04 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. 4.05 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 arbitration board. 4.06 Not withstanding the individuals right to process a grievance, the Association may, at the option of the Association, process a grievance on behalf of the membership through the various stages of the complaint procedure. MM ARTICLE 5 - QUALIFICATIONS AND PROMOTIONS 5.01 Each new Constable shall serve a period of probation of eighteen months 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 eighteen months, provided his service in performance and efficiency has proven satisfactory to the Chief Constable and only on the recommendation of the Chief Constable, he 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 � satisfactory and only on the recommendation 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 per- Lormance and efficiency has proven satisfactory and only on the recommendation of the Chief Constable. 5.02 Promotion beyond the rank of First Class Constable shall be at the discretion of the Chief Constable and the Corporation. 5.03 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. 5.04 Salaries shall be as follows:- January 1, 1971 Sergeant $ 10.1845 Corporal 109425 1st Class Constable 9,975 2nd Class Constable 9,585 3rd Class Constable 9,200 Probationary Constable 82680 ARTICLE 6 - HOURS OF WORK 6.01 The normal hours of work by employees covered by this Agreement shall be forty (40) hours per week, consisting of five (5), eight (8) hour shifts. 6.02 The normal shift schedule in operation at present, which is to be continued subject to the paragraph below, is as follows: Day Shift 7:00 a.m. to 3:00 p.m. Afternoon Shift 3:00 P.M. to 11:00 p.m. Night Shift 11:00 p.m. to 7:00 a.m. 6.03 Any officer required to work over eight (8) hours in any one (1) day, shall be paid at the rate of tine and one half the regular hourly rate, for each hour or portion of each hour he is required to be on duty. 6.04 Any officer required to work on his off duty days, or is called back to duty, on his off duty hours, shall be paid at the rate of time and one half the regular hourly rate for each hour or portion of each hour, he is required to be on duty. A "call back" shall be deemed to mean anytime when a member is called back to duty, while off duty, either before his regular tour of duty, or after his regular tour of duty. 6.05 On any implementation of the foregoing Article 6.04, an Officer shall receive a minimum of three (3) hours pay, at the overtime rate. - L, - 60.06 Due to the small police force, all Constables shall be required to rotate on a shift basis as presently in effect, 6007 The schedule above set out shall only be changed when the Chief of Police deems it necessary to make such change in schedule, and in any event, he shall advise representatives of the Association as far in advance as possible before any such change is made, and before any change is made, discuss any necessary changes with representatives of the Association prior to implementing the same. The Chief of Police may schedule changes in the shift in strictly emergency situations, but in any event, such emergency situations shall not exceed SI three (3) days. In any cevent, the Corporation agrees to avoid scheduling broken shifts. ARTICLE 6A - TIME TO ATTEND P,Ao0o 14-EETI ,GS 6o01A 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 7 - LECTURES AIZ COURT ATTENDANCE 7,01 When any officer is required by the Chief of Police to attend any lecture, drill parade or in service training during such time as he may be off duty (other than attendance at the Police College), the time consumed by such attendance shall be paid as overtime at the rate hereinbefore provided, 7,02 When an officer is required to attend any Court, inquest, inquiry, trial or hearing as a witness, regardless of whether he is called on to testify, during his off duty hours, he shall be compensated, for each hour or portion of each hour, at the overtime rate of pay hereinbefore provided, 7,03 Any officer so required shall be paid a minimum of three (3) hours pay at the overtime rate for each morning, afternoon or evening appearance, connected with the aforementioned appearances. ARTICLE 8 - ANNUAL LEAVE 8001 After one years service, each Constable will be entitled to two (2) weeks leave with pay, three (3) weeks leave with pay after five (5) years service, four (4) weeks leave frith pay after fifteen (15) years service and five (5) weeks leave with pay after twenty-two (22) years service. 8,02 Vacations may be taken at any time of the year, allocated by seniority on the Bowmanville Police Department, and every effort will be made to allocate the vacations at a time suitable to the members. 8,03 No member shall be permitted to draw more than two weeks leave in the months of July and August, unless all other members have elected other vacation periods which do not interfere. - 5 - ARTICLE 9 - STATUTORY HOLIDAYS 9..01 In lieu of eleven statutory holidays, each officer shall receive in addition to any other remuneration an additional eleven day-- pay per year, a day being calculated on the basis of 209 working days per year. The foregoing will be paid on or before November 15th each year. ARTICLE 10 - PAYNiFETT OF SALARIES 10.01 The salaries of Constables shall be paid weekly, and a deduction slip showing the salary and deductions shall be included with each pays 10.02 The Treasurer of the Corporation shall deduct the Police Association of Ontario dues from the salaries of Constables who sign a dues deduction form, in a like manner as outlined in 10.01 above, and remit the same to the Treasurer of the Local Police Association. ARTICLE 11 - SERVICE RECOCIITION 11.01 A service badge shall be granted to a member of the Force for each five year perio6 of continuous service. 11.02 In addition to the remuneration herein otherwise provided, each officer shall be entitled to and paid service pay as follows: After 5 years service $ 60.00 per annum After 10 years service $130.00 per annum After 15 years service $200.00 per annum 11.03 Service pay shall be computed and paid on December 15th of every year. ARTICLE 12 - DAYS OFF DUTY 12.01 Where it is at all possible, the days off duty shall be consecutive. Consideration should be given the Constable on his long ueekend. The Constable shall be the last Constable to be called for duty except in the case of an emergency as determined at the discretion of the Chief of Police. ARTICLE 13 - CLOTHING 13.01 All members of the Department shall be entitled to the clothing, boots and gloves supplied in accordance 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. Clothing to include three short sleeved shirts and three long sleeved shirts; also one pair' of boots or shoes all at-the members choice issued on a yearly basis. 13.02 Whenever it is deemed necessary by the Chief Constable that a police uniform be cleaned, the cleaning shall be paid for by the municipality. The decision as to whether and when a uniform shall be cleaned shall be the responsibility of the Chief Constable. 13.03 A plain clothes allowance of .50q, per day shall be paid to z:embers of the Department for each day or part of a day they are reouired to wear their own clothing while engaged in the service of the Department. E 0 ARTICLE 14 - SICK LEAVE 14.01 Pay for sick leave is for the sole and only purpose of protecting employees against loss of income when they are legitimately ill. Sick leave shall be granted to full time employees covered by this Agreement on the following basis:- 14.02 Full time employees shall accumulate sick leave credits at the rate of one and one -half (12) days for each month's service to a total of eighteen (18) days for each year's service commencing as of August 31st, 1970 to be added to the credits already accumulated; 14.03 All unused sick leave may be accumulated to the credit of an employee up to a maximum of one hundred and fifty (150) days. If a member dies or retires at normal or earlier approved retirement date, from the Force, he shall be entitled on severance to pay of his rank in the amount of one half (j) the accumulated sick leave credit, and in the event of death, such accumulated sick leave credit shall be payable to the estate of the deceased officer. 14.04 In all cases of sickness of more than three (3) working days, a medical certificate is compulsory before returning to work. 14.05 The Corporation shall post a listing of all sick leave credits for each member that have been accumulated during the course of the year, such list to be posted no later than January 30th of the New Year. 14.06 A written for:.! shall be f i lled out by the officer after returning from sick leave verifying the amount of days used from his accumulated total for the year. ARTICLE 15 - INSURANCE - EFFECTIVE JUNE 1, 1971 15.01 In accordance the plan now in ef_' cct for Town employees, each Constable shall be entitle to 51,000 of life insurance for every $1,000 of salary. The Corporation shall bear three quarters (75 %) of the cost and the Constable shall bear one euarter (25 %) of the cost. Each Constable shall be insured as he qualifies, according to the plan. 15.02 The Corporation shall bear three quarters of the cost and the Constable shall bear one quarter of the cost of the Ontario Plan for Hospital Services, 15.03 The Corporation shall bear three quarters of the cost and the Constables shall bear one quarter of the cost of Ontario Health Services Insurance Plan. ARTICLE 16 - PENSION 16.01 All Constables shall be eligible for the Pension Plan of the Town of Bowmanville in accordance with By-Law No. 1955 of 1966 dealing with pensions for Town employees. ARTICLE 17 - BEREAVEMENT 17.01 Any employee will be allowed up_ to a maximurn of three (3) days off with pay to attend or make arrangements fo-r funeral when a death occurs in his immediate f- -roily. Immediate family to near- - father, ._other, sister, - brother, rrife, son, daughter, father -in -law and mother- in- Iaw. Any employee will be allowed one (1) day with pay to attend the funeral, when the death occurs of a brother- in -lau or s i s ter -:in -1 az•J . F 7 ARTICLE '13 - MEAL ALLOWARCE i8. 01 Where an officer, whether on day= or other shift, is required on his off duty hours to work during such time as he would normally have his usual meal, he shall be entitled to an allowance of $2000 for any meal partaken by him. ARTICLE 19 - ATTENDANCE AT POLICE COLLEGE 19001 The Corporation nay, at its discretion, require any Constable to attend a course or courses of instruction at the Ontario Police College, subject to the terms of this contract with respect to the cost and expenses while attending such S College° 19002 In the event that a police officer -refuses to attend, or while in attendance refuses or neglects to complete his course without lawful excuse, he may be retired or released from police service. ' 19,03 The Corporation agrees to pay the cost of necessary equipment while the officer is attending Police College, but in the event that a police officer does not .remain in attendance for the full length of the course, the cost of equipment and expenses, if paid by the Corporation, shall be deducted from any r;ioney owing to the police officer, unless the reason for not remaining in attendance for the full length of the course is satisfactory to the Corporation. 19.04 Any police officer who attends Police College at Aylmer will receive a suns of money equal to the blue rate, round trip railway transportation, for each round trip actually travelled, regardless of the means of transportation used; to the intent that weekend visits to P,oi�r.nianville arhile on course at Aylmer shall constitute good and sufficient cause for travel. It is understood that the trip to Aylmer at the beginning of the course and the trip to Bowmanville at the end of the course sh'a11 not be paid for by the Corporation. ARTICLE 20 - EFFECTIVE DATE