HomeMy WebLinkAbout73-55THE CORPORATION OF THE
TOWN OF BOWMANVILLE
By -Law No. 73 -55
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 Torn of Bowmanville enacts as follows:-
I. THAT the Mayor and Clerk be and are hereby authorized to execute and
affix the Corporate seal to a certain Agreement dated the day
of A.D., 1973 between the Corporation of the Town of
Bowmanville and the Bowmanville Police Association in accordance with
the arbitration award of Thomas P. McIver dated the 24th day of August,
1973.
READ A FIRST AND SECOND TIME THIS 4TH DAY OF SEPTEMBER, A.D., 1973.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF SEPTEMBER, A.D., 1973.
Seal
J. M. McIlroy
Clerk- Administrator
MEMOWTDUTH OF AGREE11ENT
THE CORPORATIO11 OF THE TO'vTT OF BC1,W-1TVILLE
(Hereinafter Called The "Corporation ")
OF THE FIRST PART
- AND -
THE 1,214BERS OF THE BOWMANVILLE POLICE ASSOCIATION
EXCEPTING THE CHIEF OF POLICE AND TILE DEPUTY -CHIEF
OF POLICE
(Hereinafter Called "Members ")
OF THE SECOND PART
ARTICLE 1 - PURPOSE
1.01 The purpose of this zgreement is to establish the salaries, hours
of work, overtime, statutory holidays, annual leave, sick leave,
service recognition, insurance, Ontario Health Insurance Plan and
Pension.
1.02 This Agreement shall enure to the benefit of and be binding upon the
Corporation and all Mer.ioers of the Bou-manville 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 hereinafter enacted, such law shall
supersede the conflicting provisions without in any affecting the
remainder of this Collective Agreement.
1.04 The Corporation agrees that there shall be no discrimination, interference,
restraint or coercion exercised or practiced by the Corporation or by any
of its representatives with respect to any Member of the Association
because of his mer nbership in the association.
ARTICLE 2 - RIGHTS OF CORPORL-d`ION
2.01 The Members acknowledge that, subject to the statutory authority
invested in the Iayor and /or Magistrate, it is the exclusive function
of the Corporation, through its Ne -30tiating Committee, to maintain order,
discipline and efficiency, and
2.02 To hire, discharge, promote, demote or discipline Members 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 Members 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 COMM=31EE
3.01 The Corporation acknowledges the right of the Members to appoint a
otherwise select, the negotiating committee of not more than three
Members 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 corittee 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
Members.
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ARTICLE 4 - CO1/1 Lf -_ITdT PROCEDURE
4.01 The parties hereto desire that every justifiable complaint
shall be adjusted as quickly as possible. A Member who
has a complaint shall first discuss it with the Chief of
Police wit7tin seven calendar days after the circumstances
giving rise to the complaint have come to the Memberts
attention or he should reasonably have knowledge of it.
During such discussion, which shall take place within two
oalendar days after a request for it, the Member may request
the assistance of another Member 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 Member may present iris complaint in writing to
the Negotiating Committee of the Corporation. A meeting
shall be held betv7een the Member concerned and the
Negotiatin- Comrittee within seven calendar days at which
time the Member 'may have in attendance, at his request, a
fellow Member -uho is a representative of the Bowmanville
Police Asoociation.. Within three days after such meeting,
the Negotiating Committee shall deliver its decision in
writing.
4.02 Within five days following receipt of the Negotiating
Comnitteets 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 Tvorking 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 substitue
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 proceedin --s of the arbitration board will be expedited by
the parties hereto, and the decision of the majority of such
board will be final and bindinv 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 racy, at the option of the Association, process
a grievance on behalf of the membership through the various
stages of the complaint procedure.
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ARTICLE 5 - QUALIFICATIONS AND PROMOTIONS
5.01 Each new Member shall serve a period of probation of
eighteen (18) months from the date of his appointment
as it appears on the routine police orders for the
department as signed by the Chief of Police. After a
period of tzaelve (12) months has elapsed, provided his
service in performance and efficiency has proven
satisfactory to the Chief of Police and only on the
recommendation of the Chief of Police 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
of Police. 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 of Police.
5.02 Promotion beyond the rank of First Class Constable shall be
at the discretion of the Chief of Police and the Corporation.
5.03 If, in the opinion of the Chief of Police, a Member which
by definition may mean also a sergeant, corporal or
constable, has shown exceptional performance or efficiency,
he may recommend at his discretion a Member for promotion
before he has served his required term for promotion.
5.04 Salaries shall be as follows:-
Sergeant
Corporal
lst Class Constable
2nd Class Constable
3rd Class Constable
Probationary Constable
January lst, 1973
$ 12,982 per annum
12,441 per annum
11,900 per annul
113413 per annum
102818 per annum
101332 per annum
5.05 A shift differential payment shall be paid to Members
working the afternoon and midnight shifts as follows: -
.10(,, per hour for hours worked from 3:00 p.m. until
12:00 midnight and .15�,, per hour for hours worked
between 12:00 midnight and 8:00 a.m. and shall be paid
for all hours worked during these times, including any
overtime hours worked during these hours. Shift
differentials shall be paid for the period December 1st
to May 31st inclusive on or about June 15th following
and for the period June lst to November 30th inclusive
on or about December 15th following.
ARTICLE 6 - HOURS OF WORK
6.01 The normal hours of work by Members covered by this Agreement
shall be forty (40) hours per ;•seek, 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:
Da Shift 7:00 a.m. to 3 :00 p.m.
Afternoon Shift 3:00 p..m. to 11:00 p.m.
Plight Shift 11:00 p.m. to 7:00 a.m.
6.03 Any Member required to work over eight (8) hours in any one (1)
day, 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.
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6.04 Any Member required to wort: 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 deeded 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, a Member
shall receive a minimum of three (3) hours pay, at the overtime
rate.
6.06 Due to the small police force, all Members shall be required
to rotate on a shift basis as presently in effect.
6.07 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 chan;e 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
three (3) days. In any event, the Corporation agrees to
avoid scheduling broken shirts.
ARTICLE 7 - LECTURES AND COUNT ATTENDANCE
7.01 When any Member 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 overtire at the rate he-reinbefore provided.
7.02 When a Member 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 Member so required shall be^paid a minimum of four (4)
hours pay at the overtime rate nor each morning, afternoon
or evening appearance, connected with the aforementioned
Section 7.01 and 7.02.
ARTICLE 8 - ANNUAL LEAVE
8.01 1. Members with less than one (1) year of service shall
be entitled to one (1) working day for each full month of
service in the yeas first engaged, to a maximum of ten (10)
working days.
2. Members with one (1) year of service and less than
three (3) years of service shall be entitled to two (2)
weeks' leave with pay.
3. Members with three (3) years of service and less than
seven (7) years of service shall be entitled to three (3)
weeks' leave with pay.
4. Member^ with seven (7) years of service and less than
twenty (20) years of service shall be entitled to four (4)
weeks' leave with pay.
5. Members with more than twenty (20) years of service shall
be entitled to five (5) weeks' leave with pay.
A Member shall become entitled to increased annual vacation
after the rir�t clay of January in -rhe -year in w�if� the
anniversary o_ the requisite period o_ service a s.
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8.02 Vacations may be taken at an- y time of the year, allocated by
seniority on the BoN� anville Police Force, 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 drag 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.
ARTICLE 9 - STATUTORY HOLIDAYS
9.01 In lieu of eleven statutory holidays, each Member shall
receive in addition to any other remuneration an additional
eleven days pay per year, a day being calculated on the basis
of 209 working days per year. The foregoing will be paid on
or before I ?ovember 15th each year.
9.02 At the option of the Member, he may request time off in lieu
of payment for Statutory Holidays for all or any said
holidays to which he is entitled. Time off shall be calculated
and awarded on the basis of 209 working days per annum subject
to the absolute and final discretion of the Chief of Police.
ARTICLE 10 - PAYMEIJT OF SALARIES
10.01 The salaries of Members shall be paid weekly, and a deduction
slip showing the salary and deductions shall be included
with each pay.
10.02 The Treasurer of the Corporation c'tall deduct the Bowmanville
Police Association dues from the salaries of Members 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
Bowmanville Police Association.
ARTICLE 11 - SERVICE RECOGTITION
11.01 A service b dgeshall be granted to a Member of the Force
for each five year period of continuous service.
11.02 In addition to the remuneration herein otherwise provided,
each Member of the force shall be entitled to and paid service
pay as follows:
After 5 years service $120.00 per annum
After 10 years service $240.00 per annum
After 15 years service $360.00 per annunn
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 Member on
his long weekend. The Member shall be the last Member to
be called for duty except in the case of an emergency as
determined at the discretion of the Chief of Police.
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ARTICLE 13 - CLOTHING
13.01 All Members of the Force 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 of Police 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 of Police 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 of Police.
13.03 A plain clothes allowance of $1.50 per day shalL_be paid to
Members of the force for each clay or part of a day they are
required to wear their own clothing while engaged in the
service of the Force.
13.04 Summer clothing shall be issued to each Member of the force
on or before the 15th day of May in each year and the articles
of Winter clothing mentioned in these Sections shall be
issued on or before the lst day of October in each year.
ARTICLE 14 - SICK LEAVE
14.01 Pay for sic'_: lease is for the sole and only purpose of protecting
Members against loss of income when they are legitimately ill.
Sick leave shall be granted to full time Members covered by
this Agreement on the following basis:-
14.02 Full time Members 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 (13) 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 shall be accumulated to the credit of a
Member, without ma_ >imum amount; and, on termination of his service,
a Member shall be entitled to an amount equal to his salary
for one -half the number of days standing to his ;credit but not
in excess of the amount of one half- year's earnings at the rate
received by him immediately prior to termination of his service.
In the event of death, such accumulated sick leave credit shall
be payable to the estate of the deceased Member to an amount as
provided above.
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 form shall be filled out by the Member after returning
from sick leave verifying the amount of days used from, his
accumulated total for the year.
14.07 At the time of employment with the Boommanville Police Department
a Member shall be credited with thirty (30) days of sick leave
credit and these thirty days shall remain credited to the Member
until he has completed twenty (20) months of service at which time
the thirty days sick leave credit twill then become accumulated sick
leave credits except for the deduction of any sick leave used.
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ARTICLE 15 - INSURAiUTCE
15.01 In accordance with the plan now in effect for Town employees
each Member shall be entitled to $1,500.00 of Life Insurance
for every $1,000.00 of salary. The Corporation shall bear the
total cost of the insurance. Each Member shall be insured as
he qualified, according to the plan.
15.02 The Corporation shall bear one hundred (100) per cent of the
cost of the Ontario Health Insurance Plan.
15.03 The Corporation will bear one hundred (100) per cent of the cost
of the drug plan presently in effect.
15.04 The Corporation shall supplement the amount of Workmen's
Compensation received by a Member so that he shall receive
from Worlanents Compensation and from the Corporation sums
totalling an amount equal to his full salary for any period
not exceeding three (3) months, during which he is incapacitated
and in receipt of Workmen's Compensation.
ARTICLE 16 - PENSION
16.01 All Members shall be eligible for the Pension Plan of the Town
of Bovnnanvi lle in accordance with By -Lava No. 1955 of 1966
dealing with pensions for Town Employees.
ARTICLE 17 - BEREAVMvM4T
17.01 Any Member will be allowed up to a maximum of three (3) days
off with pay to attend or make arrangements for a funeral when
a death occurs in his immediate family. Immediate family to
mean - father, mother, sister, brother, wife, son, daughter,
father -in -law and mother -in -law. tmv Member will be allowed
one (1) day with pay to attend the funeral, when the death
occurs of a brother -in -law or sister -in -law.
ARTICLE 18 - MEAL ALLOH.0CE
18.01 All Members required to work three (3) hours or more past the
normal quitting time or when called back for three (3) hours
or more shall be paid an allowance of :2.00. An additional
allowance of $2.00 will be paid for each additional consecutive
five (5) hours worked.
18.02 When a Member is required to leave the confines of the Corporation
in the execution of his duty, he shall be reimbursed in full for
the cost of any meals or meal purchased by him while outside
the Corporation provided vouchers are produced for such meal and
same are taken as closely as practical to the regular meal time
considering the hours the member is working.
ARTICLE 19 - __ATTENDANCE AT POLICE ;COLLEGE 'OR OTHER COURSES OF INSTRUCTION
19.01 The Corporation may, at its discretion, require any Member to
attend a course or courses of instruction at the Ontario Police
College or other course of instruction, subject to the terms of
this contract with respect to the cost and expenses while attending
such colle;e.
19.02 In the event that a Member 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.
B9,110
19.03 The Corporation agrees to pay the cost of necessary equipment
while the Member is attendin:,7, Police College or other course of
instruction, but in the event that a Member does not remain in
attendance -.L"0-.r the fl�11 length of the course, the cost of equipment
and expenses, if paid by the Corporation, shall be deducted from
any money owing to the Member, Finless the reason for not remaining
in attendance for the full length of the course is satisfactory
to the Corporation.
19.04 Any Mer�Cbe:: wino attend, 'Police College at Aylmer or any other
course, or courses of instruction outoide the Police College
will receive a sum of money equal to .15G per mile round trip
for each round trip actually travelled, regardless of , the means
of trano-oortation used, to the intent that week-end visits to
Bowmanville w`ile on course at i-".Ylr:-.,er or any other course or
course-- of instruction outside the Police College shall constitute
good and sufficient cause for travel. Payment shall only be
','
paid to one -ifle-iriber °,-hen more titan one member travel together. It
is understood that the trip to Aylmer at the beginning of a course
and the trip to Bov-aanville at the end of a course shall not be
paid for by the Corporation.
ARTICLE 20 - TIME -TO ZfTE17D P.A.C. LUTD RELATED MEETI114GS
20.01 Time off Pith pay shall be ,:,.-ante-,' to one (1) member of the
Bowmanville Police Accociation to attend Police Association of
Ontario -.,ieetinss. Should P.A.0. meetings be convened at a
distance o--'-- i.iore than one Hun( :red (100) miles from Bowmanville,
two (2) a_'Eitionall days will be provided in excess of the number
of days for t- ,e act--lal uieetingo and Shall be considered as
travel? ing time.
'
20.02 Time Off 1,1 * t 11 pa 77 shall be -ranted to one (1) Member of the
Bowmanville Police Association_ to meet with the Corporation's
Representatives for negotiations (but not including arbitrations)
between the Corporation and the As-cociation.
20.03 In the event that a Yla.iber of the Association, as defined above,
is scheculed to work the -,,.-Ldnizl-t shift immediately prior to
the aforementioned -aieetingo, he s"-.all be granted time off with
pay for the said midnight shift.
20.04 The Bowmanville Police Association agrees to notify the Chief of
Police, in'i-rcitin-, at least fourteen (14) days in advance of the
meeting's of its intention to send the (1) Member.
ARTICLE 21 - EFFECTIVE DATE
21.01 This Agreement will be effective fro:, January lst, 1973, until
ILP
December 31st, 1973 and shall run and have full force and
effect until replaced or amended. Provisions for revision or
cancellation shall be in accordance with the Police Act of
Ontario "" j
Town Mayor of the To B&wrdan;vilTe
Bo anville
lent lice -loci 4'on
X1r
Secz_-etary, Police Association