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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. - 2 - 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. - 3 - 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. - 4 - 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. - 5 - 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. - 6 - 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. - 7 - 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