HomeMy WebLinkAbout2004-262 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004-262
Being a By-law to authorize the execution of a Collective Agreement
between the Corporation of the Municipality of Clarington and the Canadian
Union of Public Employees, Local 74 for a three (3) year term
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 Corporation
Seal, a Collective Agreement for the term January 1, 2005 to December 31,
2007;
2. THAT the contract in substantially the form of the Memorandum of
Understanding hereto attached as Schedule "A" form part of this By-law.
By-law read a first and second time this 13 day Of December 2004•
By-law read a third time and finally passed this 13 day of December 2004
`!`/
John Muttont.Mayor_.
*WBaCoOeMunicipal Clerk
Inside Collective Agreement 2005 - 2007
2005 - 2007
TABLE OF ARTICLES
ARTICLE 1 — PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 2 — SCOPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 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 PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE 9 —ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 10 — MANGEMENT GRIEVANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 11 — UNION COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE 12 — SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 13 — PROBATIONARY EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 14 — TEMPORARY EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE 15 — LOSS OF SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE 16 — SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS. . . . . 9
ARTICLE 17 — SENIORITY APPLIED TO LAY-OFFS AND RECALLS . . . . . . . . . . 10
ARTICLE 18 — TRANSFERS TO NON-BARGAINING UNIT POSITIONS. . . . . . . . 10
ARTICLE 19 — JOB POSTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ARTICLE 20 — LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE 21— WSIB CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE 22— BENEFIT PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 23— SHORT TERM SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
ARTICLE 24— VACATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE 25 — PAID HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE 26 — REIMBURSEMENT OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 27 — SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTICLE 28 — TERMINATION OR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . 24
SCHEDULE "A-1" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
SCHEDULE "A-2" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE "B,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PAGE 2 Inside Collective Agreement 2005 - 2007
Expiry Date: December 31, 2007
COLLECTIVE AGREEMENT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality" or the "Corporation")
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
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1 .0 The general purpose of this Agreement is to establish and maintain collective bar
gaining 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.
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 all
non-affiliated positions as referenced in the prevailing non-affiliated grid, as may be
amended from time to time 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.
2.3 No employee shall bid on any municipal contract unless expressly permitted to do
so, in writing, by the Municipality.
2.4 Future requests to either include or remove positions from the Union must be
agreed to be up for discussion between the Union and the Municipality and
must be agreed to by the employee or group of employees prior to any
change being implemented. The Union and the Municipality will not exercise
coercion in any way.
Inside Collective Agreement 2005 - 2007 PAGE 3
NO � "" " "� TI�,
3.1 The Municipality and the Union agree that there will be no discrimination,
■ ■ interference, restriction or coercion exercised or practiced by any of its
representatives with respect to any employee because of the employee's
membership or non-membership in the Union.
4.1 The Union agrees that there will be no intimidation, interference, restriction or
coercion exercised or practiced 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.
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.
MUNICIPALITY RIU.,
6.1 General
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, 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.
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.
PAGE 4 Inside Collective Agreement 2005 - 2007
6.2 Code of Ethics
The Union agrees to abide by the Code of Ethics Policy in effect at December
1, 2004. The Municipality agrees to consult with the Union on any changes to
the Code of Ethics Policy.
�/IyMIJ'IV JCIiU�'(1
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 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
thirty (30) 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.
8.1 A grievance shall be defined as a written complaint regarding the interpretation,
application or alleged violation of the terms and provision 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 state
ment 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 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
Inside Collective Agreement 2005 - 2007 PAGE 5
by the Grievance Committee and/or representative of the Union, may take the
matter up with the Chief Administrative Officer or his designate. The Chief
Administrative Officer or his designate 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 or his designate's response.
8.2 Time limits in this Article may be extended by mutual agreement of the parties.
8.3 Failure by the Union to file within the specified time limit will deem the
grievance abandoned.
8.4 An employee, claiming that the employee has been discharged from employment
without just cause shall file a signed, dated, written statement of such grievance set
ting 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.
n,RB1Tq.ATI0N
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 term of the Agreement or to
make any decision which is inconsistent with the terms of the Collective Agreement.
' ',"A O'"IENT GRIEx",R."'
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.
11 .1 Committee Make-Up and Purpose
a) 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
PAGE 6 Inside Collective Agreement 2005 - 2007
as set forth in Article 8 and the negotiating of a new Collective Agreement.
b) The Union shall make every reasonable effort to comprise the Union
Committee with members from different departmental areas.
11 .2 The Union shall advise the Municipality of the personnel serving on this committee.
11 .3 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.
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 1st 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.
13.1 An employee shall be considered a probationary employee until the employee has
worked a total of 560 hours within any continuous six (6) month period and during
this time shall have no seniority rights.
13.2 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 without challenge at any time for reasons deemed or considered by the
Employer to be cause for termination, with notice in accordance with the
prevailing Employment Standards Act.
13.3 Upon successful completion of the probationary period, an employee's name shall
be placed on the appropriate security list and the employee's seniority shall date
Inside Collective Agreement 2005 - 2007 PAGE 7
back to the employee's last date of hire.
L-OAPORAPY EMPLOYEES
14.1 Definition of Temporary Employees
a) 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.
b) It is agreed that the term "casual" means employment of intermittent and of short
duration.
14.2 Term of Employment
a) A temporary employee who remains in the employ of the Corporation for longer
than eight (8) 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
there upon 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.
b) Temporary employees shall not cease to be considered a temporary
employee, if the Municipality sets a specific end date in the employee's
employment letter. (eg. Maternity and sick leave vacancies )
c) Temporary Employees shall not be employed while regular employees are on
layoff.
14.3 Articles Not Applicable
Temporary employees shall be covered by the terms of the Agreement except for
the following articles:
11 Union Committee 19 Job Posting
12 Seniority 20 Leave of Absence
13 Probationary Employees 21 Safety Provisions
15 Loss of Seniority 22 Benefit Plan
16 Seniority — Promotions/Transfers 23 Sick Leave
17 Seniority - Lay-Offs/Recalls 24 Vacations
18 Transfers to Non-Bargaining Unit Positions 25 Paid Holidays
26 Reimbursement/fees
Schedule "A2", #10 Professional Fees
Schedule "B", #3, Personal Protective Equipment
PAGE 8 Inside Collective Agreement 2005 - 2007
1 SENIORITY Revised September, 2006
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, which includes but is not limited to the following:
• Theft (unless stolen item is of nominal value)
• Fighting (physical) Sexual harassment, as identified by the prevailing
Administrative policy which references the Human Rights Code;
• Falsifying work records
d) layoffs for a continuous period of twelve (12) consecutives 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 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
h) an absence period of 24 months or longer (including LTD) will result in
loss of seniority. The employment contract will be deemed frustrated and
hence at an end.
i) If loss of driver's licence occurs, where it is a bona fide occupational
requirement to hold a valid driver's licence, each case will be reviewed
individually and any recommended action will be referred to the Chief
Administrative Officer and the Human Resources Manager for final
determination. It is the responsibility of the employee to inform the
Corporation of any loss of licence.
j) If at any time during employment an unacceptable Canadian Police
Information Centre Check - CPIC, (as determined by the prevailing
Corporate Policy) is received, each case will be reviewed individually and
any recommended action will be referred to the Chief Administrative
Officer and Human Resources Manager for final determination.
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 appoximately equal standing based upon the above
factors, seniority shall govern. The Secretary of the Local will be advised as to the
pending transfers or promotions. The Municipality reserves the right to determine if a
candidate has the necessary skill and ability and further to determine what is a "passing
score" for any testing which is part of the interview process. This "passing score" shall be
listed on the job posting when testing is identified.
Inside Collective Agreement 2005 - 2007 PAGE 9
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.
c) It is expressly understood that management reserves the right to transfer
members of the Clerk I and Clerk II job classification to any Clerk I, Clerk II or
Revenue Clerk I positions for a maximum of three (3) months, without having to
consult the Union.
17 - SENIORITY APPLIED TO LAY-OFFS AND RECALL::
17.1 Basis for Lay Off
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 Notice of Lay Off and Address
a) 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 employees shall be paid for days for which work was not
available.
b) All employees shall be obliged to notify the Municipality in writing as soon as
possible of a change of address or telephone number.
17.3 No Lay Off Due to Contracting Work
No employee in the employ of the Municipality shall be laid off as the result of
contracting, leasing, assigning or conveying work to another person or Employer.
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.
PAGE 10 Inside Collective Agreement 2005 - 2007
'^R':J POSTING
19.1 Posting and Advertising
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.
b) The Municipality reserves the right to advertise concurrently both inside and
externally, but agrees to only review/consider/interview qualified external candidates
after all qualified internal applicants have been advised that they do not match the
required criteria for the job.
c) As a courtesy to the Union, all non-union positions will be posted.
19.2 Temporary Vacancies
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 three (3) 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.
i) Only the original vacancy must be posted. Any subsequent vacancy may be
filled with an external applicant.
ii) 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.
iii) 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 Notice of Successful Applicant
The Municipality shall notify the Union of the appointment of the successful
applicant within fifteen (15) days of the filling of the position.
Inside Collective Agreement 2005 - 2007 PAGE 11
20.1 Seniority/Benefits During Leave
The Municipality may grant leave of absence without pay or without loss of the
employee's then accumulated seniority (per Article 20.5) 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 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 Notice/Extension and Number of Leaves
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:
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;
Any further or extended leaves of absence other than those permitted by
paragraphs I), II), 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 — Union Business
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 Request in Writing
All requests for leaves of absence shall be in writing.
PAGE 12 Inside Collective Agreement 2005 - 2007
20.5 Seniority During Leave
An employee on leave of absence may accumulate seniority only under the above
subsections 20.2 and 20.3 and then only during the first three (3) months of a
granted leave of absence.
20.6 Pre_ng ancy/Maternity/Parental Leave
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) 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.
c) 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.
d) An employee on maternity/parental/pregnancy/adoption leave may take
vacation time or pay during, or at the end of the approved leave. Any
temporary employee filling this leave will not be subject to the terms under
Article 14.2.
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 or
the day immediately following the birth of his child.
20.8 Jury Duty
An employee called for jury duty/jury selection or who is subpoenaed as a witness
in court, will be granted leave of absence without loss of pay for the duration of such
duty/selection process, less, any fee paid for the service and subject to the Clerk
of the Court certifying the time. Employees are required to return to work if
released from jury duty or jury selection.
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 a
arranging for the funeral of:
a) An employee's spouse, common-law spouse, father, mother, sister, brother, son
or daughter, up to five (5) consecutive working days;
Inside Collective Agreement 2005 - 2007 PAGE 13
b) A father-in-law, mother-in-law, grandmother, grandfather, son-in-law, daughter-in-
law, sister-in-law, brother-in-law, or grandchild up to three (3) consecutive working
days;
c) An additional two (2) days traveling 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.
d) There will be no loss of vacation credits where the bereavement leave is required
during the employee's vacation period.
21 .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.
21 .2 Payment During WSIB Claim
a) An employee prevented from performing their regular work with the Employer on
account of an occupational accident that is recognized by the Work Place Safety
and Insurance Board as compensable within the meaning of the Workplace Safety
and Insurance Act, shall receive from the Employer the difference between the
amount payable by the Workplace Safety and Insurance Board and their regular
net salary. Such payment shall be charged against and be limited to the amount of
accrued sick leave credits.
b) Only the annual entitlement of 5 sick days at 100% are eligible to be used
for top up for WSIB purposes. Vacation days are eligible to be used for top up
for WSIB purposes, as approved by the Department Head.
c) Where the Municipality has reasonable grounds to question a WSIB claim,
an objection in writing will be attached to the mandatory WSIB claim form and
there will be no eligibility to the short term sick leave plan over and above the
5 — 100% days. However, if an employee is found not eligible for WSIB but is
legitimately ill with appropriate Doctor documentation, the employee will be
eligible for short term sick leave within the provisions of the Collective
Agreement.
21 .3 Recovery of Monies Paid Under Claim
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.
PAGE 14 Inside Collective Agreement 2005 - 2007
"^ n BENEFIT PL I'm"
22.1 On successful completion of the probation period, the Municipality agrees to pay
100% of the premium cost of the following benefits with coverage pursuant to the
rules and regulations of the particular insurer plans which are not incorporated into
this Agreement.
a) Insurance
i) Group Life Insurance based on two (2) times annual earnings with no cap on
an individual employee. Participation in the life insurance plan is compulsory
for all employees.
ii) Spousal Life Insurance $25,000. plus $8,000 for each child.
iii) AD&D on the basis of two (2X) earnings with no cap on an individual
employee.
b) Extended Health Benefits, Major Medical benefits with prescription drug plan and
semi-private hospital coverage. Coverage for massage therepay of $30.00 per visit
up to a maximum of $300 per year. 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 agree to follow an established
maintenance drugs list.
c) Vision
i) Prescription glasses/Lazer Surgery maximum three hundred and fifty
($350.00) per person in any two (2) policy years.
ii) Eve Exams 100% coverage for all eye exams or tests each 24 months
d) Dental Plan equivalent to Blue Cross # 9, major restorative, and orthodontic
coverage for children with a 50% reimbursement to a maximum of $4,000.
The O.D.A. Fee Schedule shall be the schedule of the current year.
i) 8 Units of scaling per year
ii) Oral Hygiene Instruction once per year
iii) Limited Periodontal Examination twice in any 12 month period with a 5
month separation between examinations
iv) Intra Oral radiographs and Bitewings once in every 12 month period
e) Long Term Disability Plan — 70% of wages for all positions on the Union Grid.
The employee may elect to pay 100% of their own LTD Premiums.
Inside Collective Agreement 2005 - 2007 PAGE 15
f) The following benefits will be provided with the following co-payment/limits:
i) Physiotherapy Services — 50% co-payment by the Municipality to a
maximum of $400.00 annually.
ii) Chiropractic Services — annual maximum of $400.00 with $40.00 per
visit limit.
22.2 Changes to Benefits
Any changes to the benefits set out above shall be a matter of negotiations between
the parties except that the Municipality shall have the right to designate the carrier.
22.3 OMERS
The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement
Systems Act.
22.4 Benefits During Illness
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 mast
insurance policies so long as the individual's employment status continues with the
Municipality. All Extended Health Benefits, Dental, Vision and Life Insurance
coverage will continue for the duration of any long term disability claim.
22.5 Employment Insurance
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.
22.6 Retiree Benefits
The Municipality will continue to pay the premium cost of the employee's health,
dental, and Life Insurance benefits after retirement up to age (65) or the legislated
retirement age, which ever is greater, from the first day of retirement. It is
understood that an employee must have 15 years of vested service, must be in
good standing at the time of retirement and must be at least 55 years old.
Conversion options are the responsibility of the member and requests to implement
must be made directly with the Plan Provider and not the Municipality.
PAGE 16 Inside Collective Agreement 2005 - 2007
22.7 Membership — Courtice Complex Fitness
The Municipality will pay 50% of the prevailing normal membership rate at the
Courtice Community Complex Fitness Centre, for the employee only.
22.8 Survivor/Spousal Benefits
Upon the employees death, retirement at NRA 65 or early retiree reaching age
65, the employee's survivor or spouse will continure to receive benefits will
continue for a maximum of 10 years, however will cease at the survivor or
spouse reaching age of 65. Deluxe travel ceases for employee and spouse
under spousal benefit coverage once the employee reaches age 65.
22.9 Termination Notice Period
No Short Term or Long Term Disability, will be provided during notice periods
applicable to terminations.
22.10 Conversion Options — In the event that an employee ceases employment with
the Municipality of Clarington conversion options for any municipal employee
or retiree may be available from the benefit carrier at the employee's request.
Requests must be made directly with the Plan Provider and not with the
Municipality.
23.1 The provision of a short-term disability plan, on completion of the probationary
period, is set out below.
23.2 Length — one hundred and twenty (120) days (equates to eighty-five (85) working
days or the plan elimination period)
23.3 Eli_iq bility
a) Coverage — 100% for the first five (5) days of illness or emergency leave per
year, - 75% for the remaining days. The first 5 days of illness or emergency leave
taken will be deducted from the (10) "emergency leave" days as provided for under
the Employment Standards Act.
b) Short term sick leave will be pro-rated for eligibility based on date of hire and
termination.
c) If an employee is absent more than 85 working days on a continuous or related
illness, the short term claim will automatically be referred to the long term plan.
d) One claim to a maximum of 85 working days is permitted per each illness
annually. Additional claim for repeated absence due to the same illness will be
disallowed or referred to Long Term Disability, if eligible.
Inside Collective Agreement 2005 - 2007 PAGE 17
23.4 Application — First day of illness or non-compensable injury.
23.5 Top Up
a) from 75% to 100 % on the sixth (6th) 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 85 working
days on any one claim.
c) In no case shall more than five (5) vacation days be used to top up sick leave in
any calendar year.
d) No vacation days shall be used during sick leave absence except as provided for
in this section above.
e) Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
23.6 Unused Days
a) No accumulation of unused sick days.
b) If no sick days are used at the end of any calendar year, then the employee will
receive two (2) day's pay. There will be no pro-ration of the two (2) days.
23.7 Verification and Second Opinion
a) The Corporation reserves the right to request sick/emergency leave verification
after the third consecutive day of illness or use of any emergency leave day and to
interview on matters related to use of sick leave or emergency 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) i) 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.
ii) 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.
iii) If the Municipality request a second opinion from a doctor outside
the Region of Durham, the Municipality will reimburse the
employee for the medical costs and mileage related to the
issuance of the doctor's certificate only.
PAGE 18 Inside Collective Agreement 2005 - 2007
23.8 Beneficiary/Estate Provisions
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.
23.9 Sick Credits (if applicable)
a) Any employee who qualifies for sick leave pay, shall receive full pay so long
as the employee `s credits under the prior sick credit plan last. However
bereavement leave shall not be charged to sick leave credits.
b) 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.
1A n 14A�`ATIORll
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 of One working day for each completed month
employment in a calendar year of employment to a maximum of ten
"cif start date is on or before the 15th of the month, working days calculated as of December
entitlement is one (1) day, if start date is after the 15th of 31st of the year in which employment
the month, entitlement is one half(1/2) day
commenced**
In the calendar year of the 1st anniversary 2 weeks
and each year thereafter
In the calendar year of the 3rd anniversary 3 weeks
and each year thereafter
In the calendar year of the 10th anniversary 4 weeks
and each year thereafter
In the calendar year of the 18th anniversary 5 weeks
and each year thereafter
In the calendar year of the 25th anniversary 6 weeks
and each year thereafter
24.2 New Employees
New employees shall not be entitled to take vacation within the first six (6) months
of employment except by mutual agreement of the parties.
Inside Collective Agreement 2005 - 2007 PAGE 19
24.3 Scheduling Vacation
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
a) Seniority for the purposes of vacation preference shall only apply to the priority
request for vacation to a maximum of ten (10) consecutive days.
b) Vacations may be scheduled anytime in the calendar year and every effort will be
made to post the schedule by March 31st 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.
24.5 Vacation Pay
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 greater.
24.6 Carry Over
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.
24.7 Accrual During Absence
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.
24.8 Exceed 90 Days — Return to Work
If the 90 day period has been exceeded and the employee returns to work on
a modified time schedule, all vacation and sick leave accrual will be pro-rated
based on actual hours worked. Hours worked may be recorded on an hourly
basis rather than salaried compensation until the employee returns to full
time hours and paid on one week hold back.
PAGE 20 Inside Collective Agreement 2005 - 2007
24.9 Pro-ration
Entitlement to vacation with pay will be pro-rated upon hire and termination of
employment. If an employee's start date is on or before the 15th of the month,
they will be entitled to a full day for that month. If the employee's start date is
after the 15th of the month, they will be entitled to '/z day for that month.
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 '/2 Working day before Christmas and
'/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 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 as determined by the
Municipality, or paid for on the same basis as set out in clause 26.1 , 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.
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
25.02 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 Holiday falls on a regular wording 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
Inside Collective Agreement 2005 - 2007 PAGE 21
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.
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.
27.1 Attached hereto and forming part of the Agreement are:
1 . Schedule A-1 — Wages and Job Classifications
2. Schedule A-2 — Compensation Matters of Classifications
3. Schedule B — Hours of Work/Overtime Hours/ P.P.E. & Other
-GP'AJIIPO ATIONI r1P A AP�NDRP`10_
This Agreement will be effective from January 1st, 2005 until December 31st, 2007
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.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND
SEALS THIS DAY OF MAY, 2005.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPORATION OF THE CANADIAN UNION OF PUBLIC
MUNICIPALITY OF CLARINGTON EMPLOYEES AND ITS LOCAL 74
ors, mayor
Sauk Clerk -
i
PAGE 22 Inside Collective Agreement 2005 - 2007
MUNICIPALITY OF CLARINGTON / CUPE INSIDE
SCHEDULE"A-1" WAGES&JOB CLASSIFICATIONS
Reviewed: JANUARY 1 - DECEMBER 31, 2005 3.20%
April 27,2005
Code Classification Start 6 12 18 24 30
Months Months Months Months Months
1 Vacant 25,556 26,949 28,342 29,739
Hourly Rate 14.04 14.81 15.57 16.34
2 Vacant 26,915 28,388 29,862 31,399
Hourly Rate 14.79 15.60 16.41 17.25
3 Clerk 1 28,282 29,750 31,290 32,916
Hourly Rate 15.54 16.35 17.19 18.09
4 Vacant 29,979 31,778 33,683 35,705
Hourly Rate 16.47 U.46 18.51 19.62
5 Clerk II 31,545 33,489 35,434 37,378 39,322
Accounting Clerk I Hourly Rate 17.33 18.40 19.47 20.54 21.61
Engineering Tech.l
Information/Communications Clerk
Purchasing Clerk
Parking Enforcement Officer
Fleet Clerk Note 1
6 Revenue Clerk 1 33,464 35,531 37,593 39,658 41,722
Clerk II/Crossing Guard Co-Ordinator 18.39 19.52 20.66 21.79 22.92
Permit Clerk
7 Network Support Tech 35,531 37,593 39,658 41,722 43,992
Hourly Rate 19.52 20.66 21.79 22.92 24.17
8 Accounting Clerk II 37,654 40,018 42,347 44,673 47,005
Engineering Tech.[[ Hourly Rate 20.69 21.99 23.27 24.55 25.83
Junior Planner
Operations Technician
Buyer 1
9 Building Inspector 39,803 42,259 44,720 47,180 49,637
Accountant 21.87 23.22 24.57 25.92 27.27
Plumbing Inspector Hourly Rate
Municipal Law Enforcement Officer
Engineering Technician III (Inspector)
Revenue Co-Ordinator Note 1
Communications Co-Ordinator
GIS Technician
42,107 44,803 47,312 49,918 52,522
10 Engineering Tech.11l 23.14 24.62 26.00 27.43 28.86
Hourly Rate
1 1 Network Analyst 44,927 46,949 49,061 51,270 52,810
Hourly Rate 24.69 25.80 26.96 28.17 29.02
12 Planner 48,072 49,588 51,103 52,183 53,265 55,218
Engineering Co-ordinator Hourly Rate 26.41 27.25 28.08 28.67 29.27 30.34
Construction Co-ordinator
G.I.S.Analyst
Traffic Co-Ordinator
13 Vacant 51,196 52,731 54,314 55,943 57,622 59,351
Hourly Rate 28.13 28.97 29.84 30.74 31.66 32.61
14 Senior Planner 54,309 56,346 57,703 59,740 61,097 63,135
Engineering Serv.Supervisor Hourly Rate 29.84 30.96 31.70 32.82 33.57 34.69
Notes: General a) Temps move through grid. B) Senority date (as may be adjusted) used for grid movement.
Note 1.Name Change in 2005 Negotiations;Actg.Clerk 1 Operations=fleet Clerk/Revenue Clerk 11 =Rev.Co-Ordinator
Inside Collective Agreement 2005 - 2007 PAGE 23
MUNICIPALITY OF CLARINGTON /CUPE INSIDE
SCHEDULE"A-1 " WAGES&JOB CLASSIFICATIONS
Reviewed: JANUARY 1 -DECEMBER 31, 2006 Eiii%
October 31,2006
Code Classification Start 6 Months 12 Months 18 Months 24 Months 30
Months
1 Vacant 26,450 27,892 29,334 30,780
Hourly Raie 14.53 15.33 16.12 1631
2 Vacant 27,857 29,382 30,907 32,498
Hourly Raie 15.31 16.14 16.98 17.86
3 Clerk 1 29,272 30,791 32,385 34,068
Hourly Rate 16.08 16.92 17.79 18.72
4 Vacant 31,028 32,890 34,862 36,955
Hourly Rate 17.05 18.07 19.15 20.30
5 Clerk II 32,649 34,661 36,674 38,686 40,698
Accounting Clerk I Hourly Rate 17.94 19.04 20.15 21.26 22.36
Engineering Tech.l
Information/Communications Clerk
Purchasing Clerk
Parking Enforcement Officer
Fleet Clerk
6 Revenue Clerk 1 34,635 36,775 38,909 41,046 43,182
Clerk II/Crossing Guard Co-Ordlnator 19.03 20.21 21.38 22.55 23.73
Permit Clerk
7 Network Support Tech 36,775 38,909 41,046 43,182 45,532
Hourly Rate 20.21 21.38 22.55 23.73 25.02
8 Accounting Clerk Il 38,972 41,419 43,829 46,237 48,650
Engineering Tech.11 Hourly Rate 21.41 22.76 24.08 25.40 26.73
Junior Planner
Operations Technician
Buyer 1
9 Building Inspector 41,196 43,738 46,285 48,831 51,374
Accountant 22.64 24.03 25.43 26.83 28.23
Plumbing Inspector Hourly Raie
Municipal Law Enforcement Officer
Engineering Technician III(Inspector)
Revenue Co-Ordinator
Communications Co-Ordinator
GIS Technician
Sr.Buyer Note i
43,581 46,371 48,968 51,665 54,360
10 Engineering Tech.111 23.95 25.48 26.91 28.39 29.87
Hourly Raie
11 Network Analyst 46,499 48,592 50,778 53,064 54,658
Hourly Rate 25.55 26.70 27.90 29.16 30.03
12 Planner 49,755 51,324 52,892 54,009 55,129 57,151
Engineering Co-ordinator Hourly Raie 27.34 28.20 29.06 29.68 30.29 31.40
Construction Co-ordinator
G.I.S.Analyst
Traffic Co-Ordinator
13 Vacant 52,988 54,577 56,215 57,901 59,639 61,428
Hourly Raie 29.11 29.99 30.89 31.81 32.77 33.75
14 Senior Planner L: 58,318 59,723 61,831 63,235 65,345
Engineering Serv.Supervisor Hourly Raie 30.88 32.04 32.81 33.97 34.74 35.90
Notes: General a)Temps move through grid.B)Senority date(as may be adjusted)used for grid movement.
Note 1 2005 Budget approved Re-classification 1 Buyer to Sr.Buyer;Ratified May 2005 after printing of Co1LAgreement
PAGE 24 Inside Collective Agreement 2005 - 2007
MUNICIPALITY OF CLARINGTON /CUPE INSIDE
SCHEDULE"A-1 " WAGES&JOB CLASSIFICATIONS
Reviewed: JANUARY 1 - DECEMBER 31, 2007 3.50%
October 31,2006
Code Classification Start 6 12 18 24 30
Months Months Months Months Months
1 Vacant 27,376 28,868 30,361 31,857
Hourly Rate 15.04 15.86 16.68 17,50
2 Vacant 28,832 30,410 31,989 33,635
Hourly Rate 15.84 16.71 17.58 18.48
3 Clerk 1 30,296 31,869 33,519 35,260
Hourly Rate 16.65 17.51 18.42 19.37
4 Vacant 32,114 34,041 36,082 38,248
Hourly Rate 17.65 18.70 19.83 21.02
5 Clerk II 33,792 35,874 37,958 40,040 42,123
Accounting Clerk I Houdy Rate 18.57 19.71 20.86 22.00 23.14
Engineering Tech.I
Information/Communications Clerk
Purchasing Clerk
Parking Enforcement Officer
IFleet Clerk
6 Revenue Clerk 1 35,847 38,062 40,271 42,483 44,694
Clerk II/Crossing Guard Co-Ordinator 19.70 20.91 22.13 23.34 24.56
Permit Clerk
7 Network Support Tech 38,062 40,271 42,483 44,694 47,125
Hourly Rate 20.91 22.13 23.34 24.56 25.89
8 Accounting Clerk II 40,336 42,868 45,363 47,855 50,353
Engineering Tech.11 Hourly Rate 22.16 23.55 24.92 26.29 27.67
Junior Planner
Operations Technician
Buyer I
9 Building Inspector 42,638 45,269 47,905 50,540 53,172
Accountant 23.43 24.87 26.32 27.77 29.22
Plumbing Inspector Houdy Rate
Municipal Law Enforcement Officer
Engineering Technician III (Inspector)
Revenue Co-Ordinator
Communications Co-Ordinator
GIS Technician
Sr. Buyer
45,106 47,994 50,682 53,473 56,263
10 Engineering Tech.111 24.78 26.37 27.85 29.38 30.91
Hourly Rate
11 Network Analyst 48,127 50,293 52,555 54,922 56,571
Houdy Rate 26.44 27.63 28.88 30.18 31.08
12 Planner 51,496 53,120 54,743 55,900 57,059 59,151
Engineering Co-ordinator Houdy Rate 28.29 29.19 30.08 30.71 31.35 32.50
Construction Co-ordinator
G.I.S.Analyst
Traffic Co-Ordinator
13 Vacant 54,842 56,487 58,183 59,928 61,726 63,578
Hourly Rate 30.13 31.04 31.97 32.93 33.92 34.93
14 Senior Planner 58,177 60,359 61,813 63,995 65,449 67,632
Engineering Serv.Supervisor Houdy Rate 31.97 33.16 33.96 35.16 35.96 37.16
Notes: General a emps move through grid. enorl y date as maybe adjusted)used tor grid movemen F
Inside Collective Agreement 2005 - 2007 PAGE 25
MUNICIPALITY OF CLARINGTON/CUPE INSIDE
SCHEDULE "A-2" COMPENSATION MATTERS&CLASSIFICATIONS
1 PAYMENT
a) Employees will be paid by-weekly
2 STANDBY PAY
a) Any employee designated to standby duty during other than normal hours of work will receive thirty dollars($30.00)per day
as standby pay for regular dates and sixty dollars($60.00)on the day a holiday actually falls.
b) 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.
c) Employees must be in a"fit"condition to perform their job duties-i.e.no alcohol.
3 CALL-OUT PAY
a) 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 some period specified above shall be considered as continuous.
b) For calls taken and resolved over the telephone,employees are entitled to receive one hour straight time pay.
* "Called Out"refers to an employee who is actually physically called into work and the employee must be in a"fit"condition
to perform their job duties-i.e.no alcohol.
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 eleven dollars($11.00).
b) Proper accommodation shall be provided for employees to have their meals.
c) An employee shall be permitted to a rest period of fifteen (15) consecutive minutes in each half shift.
5 MILEAGE
a) Employees required to use their own vehicles for business purposes will be reimbursed at the rate of forty-seven cents(47c)
per kilometer for all kilometers travelled for the Municipality.
b) Expense claims shall be submitted to the Department Head on the first working day of each month and claims will be paid
on or about the seventh (7th) day of each month.
c) 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 PROMOTION/TRANSFER TO HIGHER CLASSIFICATION
a) Permanent Promotion
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.
b) Temporary Transfer
Employees 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.)
7 TRANSFER TO LOWER CLASSIFICATION
a) Permanent Transfer
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 a the time of the transfer.
b) Temporary Transfer
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.
8 GRID PROGRESSION DURING LEAVES
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.
9 RECOVERY OF OVERPAYMENT/MONIES OWED
a) Compensation Overpayment
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.
b)Monies Owed Upon Leaving
Upon ceasing employment with the Municipality of Clarington,any monies owing under municipally funded programs will be
deducted from an employee's final pay owing,including vacation pay owing.
10 PROFESSIONAL FEES
The Municipality agrees to pay employees for the full cost of membership fees of professional associations which are directly
elated to the employee's employment duties.
Inside -Schedule A-2 Compensation&Classifications
PAGE 26 Inside Collective Agreement 2005 - 2007
MUNICIPALITY OF CLARINGTON/CUPE INSIDE
SCHEDULE "B" HOURS OF WORK/OVERTIME HOURS/P.P.E. &OTHER Page 1
1 HOURS OF WORK
a) Municipal Administrative Centre Employees
Regular work week-five (5)seven (/) hour days Monday to Friday.
Regular work day-between 8:30 a.m.to 4:30 p.m.with a one(1) hour unpaid lunch.
Work Hours-Management reserves the right to schedule regular work hours between 8:00 a.m.and 5:00 p.m.The
employees will co-ordinate scheduled in order to meet the staffing requirements as detailed by the Department Head.
The Municipality reserves the right to schedule employees in the event the employees cannot agree to adequate
scheduling amongst themselves.
b) Operations-Clerical&Technicians
Regular work week-five (5)seven (/) hour days Monday to Friday.
Clerical: Regular work day-between 7:00 a.m.to 3:30 p.m.with a one-half(1/2) hour unpaid lunch.
Technicians: Regular work day-shall begin between/:00 a.m.and 8:00 a.m.
c) Recreation Facilities-Clerical
Regular work week-five (5)seven (/) hour days including Saturdays and Sundays as required.
Work Schedule-posted by appropriate supervisor and posted 2 weeks in advance,not subject to change unless
necessary due to circumstances beyond the reasonable control of the supervisor.
d) Municipal Law Enforcement
Standby schedules for Saturdays,and overtime schedules shall be posted at least one(1) month in advance and shall
not be changed unless required due to unusual circumstances or in the case of an emergency.
2 OVERTIME HOURS OF WORK
a) Overtime Pay-Reaular Days
Authorized hours worked over and above seven (/) hours/day or thirty-five(35)/week shall be paid for at the rate of time
and one-half(1-1/2) the employee's regularly scheduled rate of pay.
b) Sunday Overtime
The Municipality shall pay double time for all hours worked on a Sunday except where regularly scheduled.
c) Time-in-Lieu of Pay for Overtime
Time off in lieu of overtime may be granted at a rate of time and one-half(1-1/2) hours for each hour worked,with the
approval of the Department Head.
d) rime-in-Lieu Carry-Over
Time-in-lieu earned will be eligible for carry over to a maximum of 16 hours annually.
e) Offer of Overtime
Where reasonably possible,overtime will be offered to employees who normally perform the work.
f) Sunday Conference-Time
If an employee is required to register for an approved conference on Sunday, pay will be at straight time for actual travel
time only and one(1)hour straight time for registration. Mileage will be reimbursed at current rate.
3 PERSONAL PROTECTION EQUIPMENT&CLOTHING
a) Footwear
i) Permanent Employees-are required to wear C.S.A..approved safety footwear which is recommended by the Joint
Health&Safety Committee;designated and paid for by the Municipality.
ii) Probationary Employees-must purchase their own C.S.A..approved boots which will be reimbursed at the end of
successful probation.
iii)Temporary Employees-must purchase their own C.S.A..approved boots as a condition of employment.
b) Tools/Equipment
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) Clothing Issue-Permanent Employees
i) Parkas&Insulated Overalls -in accordance with the appended Memorandum on Clothing Issue March 6, 1995.
ii) Mandatory-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.
iii) Quality-quality and colour requirements will be decided by the Corporation.
iv) Annual Issue-4 items of employee's choice: shirts or reflective T-shirts(long or short sleeve) and/or work trousers
1 pair regular overalls
By-law- protective body armour(mandatory to wear)
-3 specialized undergarments for use with body armour.
v) First Year- of issue the employee will receive 3 shirts and 3 pair of work trousers.
Inside Collective Agreement 2005 - 2007 PAGE 27
F- MUNICIPALITY OF CLARINGTON /CUPE INSIDE
SCHEDULE "B" HOURS OF WORK/OVERTIME HOURS/P.P.E. &OTHER Page 2
Cont. d) Clothing Issue-Temporary Employees
Temporary employees must purchase the normal department issue.
e) Care and Replacement of Clothing
i) Clothing Condition -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
ii) Replacement of articles shall be provided when the old items are turned in to the Department Head.
iii) Purchase employees may purchase any of the standard clothing over and above the annual items issued.
iv) Care-Employees will be responsible for the care of all clothing issued by the Municipality.
f) Gloves Coveralls&Other Issue
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.
g) Mandatory P.P.E.. to be Worn (Hats, Vests,etc.)
All employees shall be required to wear C.S.A...approved safety hats,vests and reflective clothing in accordance
with the Construction Safety Act and/or the Health and Safety Act. C.S.A..,as supplied by the Corporation.
h) Ownership of Issued Items
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.
4 FIRST-AID KITS
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 a specified by the Health &Safety Committee.
5 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
6 ERRORS AND OMISSIONS INSURANCE
The Municipality agrees to maintain Public Liability and Errors&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.
Inside -Schedule B Hours of Work/O.T. etc page 2
PAGE 28 Inside Collective Agreement 2005 - 2007
TABLE OF ARTICLES
ARTICLE 1 — PURPOSE...................................................................... 1
ARTICLE2 — SCOPE.......................................................................... 1
ARTICLE 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 PROCEDURES............................................. 4
ARTICLE 9 —ARBITRATION............................................................... 5
ARTICLE 10 — MANGEMENT GRIEVANCES.......................................... 5
ARTICLE 11 — UNION COMMITTEE..................................................... 5
ARTICLE 12 — SENIORITY.................................................................. 6
ARTICLE 13 — PROBATIONARY EMPLOYEES....................................... 6
ARTICLE 14 — TEMPORARY EMPLOYEES............................................ 7
ARTICLE 15 — LOSS OF SENIORITY.................................................... 8
ARTICLE 16 — SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS... 9
ARTICLE 17 — SENIORITY APPLIED TO LAY-OFFS AND RECALLS........... 10
ARTICLE 18 — TRANSFERS TO NON-BARGAINING UNIT POSITIONS........ 10
ARTICLE 19 — JOB POSTING............................................................... 10
ARTICLE 20 — LEAVE OF ABSENCE.................................................... 12
ARTICLE 21— WSIB CLAIMS.............................................................. 15
ARTICLE 22— BENEFIT PLAN............................................................ 16
ARTICLE 23— SHORT TERM SICK LEAVE ............................................ 19
ARTICLE 24— VACATION.................................................................. 21
ARTICLE 25 — PAID HOLIDAYS........................................................... 23
ARTICLE 26 — REIMBURSEMENT OF FEES........................................... 24
ARTICLE 27 — SCHEDULES................................................................ 24
ARTICLE 28 — TERMINATION OR AMENDMENT................................... 24
SCHEDULE "A-1"............................................................................ 26
SCHEDULE "A-2"............................................................................ 29
SCHEDULE "B,' ............................................................................... 30
Inside Collective Agreement 2005 - 2007 PAGE 29
Expiry Date: December 31, 2007
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality" or the "Corporation")
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
1 .1 The general purpose of this Agreement is to establish and maintain collective bar
gaining 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.
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 all
non-affiliated positions as referenced in the prevailing non-affiliated grid, as may be
amended from time to time 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.
2.3 No employee shall bid on any municipal contract unless expressly permitted to do
so, in writing, by the Municipality.
2.4 Future requests to either include or remove positions from the Union must
be agreed to be up for discussion between the Union and the Municipality and
must be agreed to by the employee or group of employees prior to any change
PAGE 30 Inside Collective Agreement 2005 - 2007
being implemented. The Union and the Municipality will not exercise coercion
in any way.
3.1 The Municipality and the Union agree that there will be no discrimination,
interference, restriction or coercion exercised or practiced by any of its
representatives with respect to any employee because of the employee's
membership or non-membership in the Union.
4.1 The Union agrees that there will be no intimidation, interference, restriction or
coercion exercised or practiced 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.
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.
6.1 General
The Union acknowledges that it is the exclusive function of the Municipality to:
i) Maintain order, discipline and efficiency, and to make, alter, and enforce from
time to time reasonable rules.
ii) Hire, promote, 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.
iii) 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.
iv) The Municipality agrees that these functions shall be executed in a manner
Inside Collective Agreement 2005 - 2007 PAGE 31
consistent with the express terms of the Agreement and subject to the right of
the employee to lodge a grievance as set out herein.
6.2 Code of Ethics
The Union agrees to abide by the Code of Ethics Policy in effect at December
1, 2004. The Municipality agrees to consult with the Union on any changes to
the Code of Ethics Policy.
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 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
thirty (30) 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.
8.1 A grievance shall be defined as a written complaint regarding the interpretation,
application or alleged violation of the terms and provision 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.
PAGE 32 Inside Collective Agreement 2005 - 2007
The 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 or his designate. The Chief Administrative
Officer or his designate 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
or his designate's response.
8.2 Time limits in this Article may be extended by mutual agreement of the parties.
8.3 Failure by the Union to file within the specified time limit will deem the
grievance abandoned.
8.4 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.
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:
The fees and expenses of the Arbitrator it appoints;
One-half (1/2) of the fees and expenses of the Chairman.
9.3 The Arbitration Board shall have no power to alter the term of the Agreement or
to make any decision which is inconsistent with the terms of the Collective
Agreement.
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.
Inside Collective Agreement 2005 - 2007 PAGE 33
11 .1 Committee Make-Up and Purpose
a) 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.
b) The Union shall make every reasonable effort to comprise the Union Committee
with members from different departmental areas.
11 .2 The Union shall advise the Municipality of the personnel serving on this committee.
11 .3 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.
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 1st 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.
13.1 An employee shall be considered a probationary employee until the employee
has worked a total of 640 hours within any continuous six (6) month period and
during this time shall have no seniority rights.
PAGE 34 Inside Collective Agreement 2005 - 2007
13.2 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 without challenge at any time for reasons deemed or considered by the
Employer to be cause for termination, with notice in accordance with the
prevailing Employment Standards Act.
13.3 Upon successful completion of the probationary period, an employee's name
shall be placed on the appropriate security list and the employee's seniority shall
date back to the employee's last date of hire.
Definition of Temporary Employees
14.1 a) 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.
b) It is agreed that the term "casual" means employment of intermittent and of
short duration.
Term of Employment
14.2 a) A temporary employee who remains in the employ of the Corporation for
longer than eight (8) 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.
b) Temporary employees shall not cease to be considered a temporary
employee, if the Municipality sets a specific end date in the employee's
employment letter. (eg. Maternity and sick leave vacancies)
c) Temporary Employees shall not be employed while regular employees are on
layoff.
Articles Not Applicable
14.3 Temporary employees shall be covered by the terms of the Agreement except
for the
Following Articles:
11 Union Committee 19 Job Posting
12 Seniority 20 Leave of Absence
Inside Collective Agreement 2005 - 2007 PAGE 35
13 Probationary Employees 21 Safety Provisions
15 Loss of Seniority 22 Benefit Plan
16 Seniority — Promotions/Transfers 23 Sick Leave
17 Seniority - Lay-Offs/Recalls 24 Vacations
18 Transfers to Non-Bargaining Unit Positions 25 Paid Holidays
26 Reimbursement/fees
Schedule "A2", #10 Professional Fees
Schedule "B", #4, Personal Protective Equipment
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, which includes but is not limited to the following:
• Theft (unless stolen item is of nominal value)
• Fighting (physical)
• Sexual harassment, as identified by the prevailing Administrative policy
which references the Human Rights Code;
• Falsifying work records
d) layoffs for a continuous period of twelve (12) consecutives 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 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
h) an absence period of 24 months or longer (including LTD) will result in
loss of seniority. The employment contract will be deemed frustrated and
hence at an end.
i) If loss of driver's licence occurs, where it is a bona fide occupational
requirement to hold a valid driver's licence, each case will be reviewed
individually and any recommended action will be referred to the Chief
Administrative Officer and the Human Resources Manager for final
determination. It is the responsibility of the employee to inform the
Corporation of any loss of licence.
PAGE 36 Inside Collective Agreement 2005 - 2007
j) If at any time during employment an unacceptable Canadian Police
Information Centre Check - CPIC, (as determined by the prevailing
Corporate Policy) is received, each case will be reviewed individually and
any recommended action will be referred to the Chief Administrative
Officer and Human Resources Manager for final determination.
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. The Municipality reserves
the right to determine if a candidate has the necessary skill and ability, and
further to determine, what, is a "passing score" for any testing which is part of
the interview process. This "passing score" shall be listed on the job posting
when testing is identified.
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.
17.1 Basis for Lay Off
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 with 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 Notice of Lay Off and Address
a) 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 employees shall be paid for days for
which work was not available.
b) All employees shall be obliged to notify the Municipality in writing as soon as
possible of a change of address or telephone number.
Inside Collective Agreement 2005 - 2007 PAGE 37
17.3 No Lay Off Due to Contracting Work
No employee in the employ of the Municipality shall be laid off as the result of
contracting, leasing, assigning or conveying work to another person or Employer.
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.
19.1 Posting and Advertising
a) In the event new jobs are created or vacancies occur within the bargaining
unit 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. Seniority for employees
within the Community Services Department (Facility Operator I & Facility
Operator II), for the purpose of article 19, is defined as having four (4) years
seniority from their date of hire with the Community Services Facility.
b) In order to avoid postings during the annual shutdown period, it is agreed
that no jobs shall be posted for Operations positions within three (3) days of the
commencement of the annual shutdown.
c) The Municipality reserves the right to advertise concurrently both inside and
externally, but agrees to only review/consider/interview qualified external
candidates after all qualified internal applicants have been advised that they do
not match the required criteria for the job.
d) As a courtesy to the Union, all non-union positions will be posted.
19.2 Temporary Vacancies
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
three (3) 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.
PAGE 38 Inside Collective Agreement 2005 - 2007
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.
i) Only the original vacancy must be posted. Any subsequent vacancy may be
filled with an external applicant.
ii) 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.
iii) 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.
d) Facility Operators will only be entitled to transfer to temporary openings
where they are expected to last four (4) months or more. Temporary employees
who replace such facility operators will be temporary employees throughout the
duration of the operator's transfer to the temporary position.
19.3 Notice of Successful Applicant
a) The Municipality shall notify the Union of the appointment of the successful
applicant within fifteen (15) days of the filling of the position.
20.1 Seniority/Benefits During Leave
The Municipality may grant leave of absence without pay or without loss of the
employee's then accumulated seniority (per Article 20.5) 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 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 Notice/Extension and Number of Leaves
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:
i) Only one leave of absence within the bargaining unit will be
Inside Collective Agreement 2005 - 2007 PAGE 39
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), 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 — Union Business
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
nterfere with the efficient operation of the Municipality. Where possible the employee
shall give the Municipality twenty-one (21) days written notice.
20.4 Request in Writing
All requests for leaves of absence shall be in writing.
20.5 Seniority During Leave
An employee on leave of absence may accumulate seniority only under the above
subsections 20.2 and 20.3 and then only during the first three (3) months of a
granted leave of absence.
20.6 Pre_ng ancy/Maternity/Parental Leave
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) 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.
c) 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.
PAGE 40 Inside Collective Agreement 2005 - 2007
d) An employee on maternity/parental/pregnancy/adoption leave may take
vacation time or pay during, or at the end of the approved leave. Any temporary
employee filling this leave will not be subject to the terms under Article 14.2.
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 or
the day immediately following the birth of his child.
20.8 Jury Duty
An employee called for jury duty/jury selection or who is subpoenaed as a witness
in court, will be granted leave of absence without loss of pay for the duration of such
duty/selection process, less, any fee paid for the service and subject to the Clerk of
the Court certifying the time. Employees are required to return to work if
released from jury duty or jury selection.
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, father, mother, sister, brother,
son or daughter, up to five (5) consecutive working days;
b) A father-in-law, mother-in-law, grandmother, grandfather, son-in-law,
daughter-in-law, sister-in-law, brother-in-law, or grandchild up to three (3)
consecutive working days;
c) An additional two (2) days traveling 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.
d) There will be no loss of vacation credits where the bereavement leave is
required during the employee's vacation period.
21 .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.
21 .2 Payment During WSIB Claim
a) An employee prevented from performing their regular work with the Employer
Inside Collective Agreement 2005 - 2007 PAGE 41
on account of an occupational accident that is recognized by the Work Place
Safety and Insurance Board as compensable within the meaning of the
Workplace Safety and Insurance Act, shall receive from the Employer the
difference between the amount payable by the Workplace Safety and Insurance
Board and their regular net salary. Such payment shall be charged against and
be limited to the amount of accrued sick leave credits.
b) Only the annual entitlement of 5 sick days at 100%, are eligible to be
used for top up for WSIB purposes. Vacation days are eligible to be used
for top up for WSIB purposes, as approved by the Department Head.
c) Where the Municipality has reasonable grounds to question a WSIB
claim, an objection in writing will be attached to the mandatory WSIB
claim form and there will be no eligibility to the short term sick leave plan
over and above the 5 — 100% days. However, if an employee is found not
eligible for WSIB but is legitimately ill with appropriate Doctor
documentation, the employee will be eligible for short term sick leave
within the provisions of the Collective Agreement.
21 .3 Recovery of Monies Paid Under Claim
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.
22.1 On successful completion of the probation period, the Municipality agrees to pay
100% of the premium cost of the following benefits with coverage pursuant to the
rules and regulations of the particular insurer plans which are not incorporated into
this Agreement.
a) Insurance
i) Group Life Insurance based on two (2) times annual earnings with no
cap on an individual employee. Participation in the life insurance plan
is compulsory for all employees.
ii) Spousal Life Insurance $25,000. plus $8,000 for each child.
iii) AD&D on the basis of two (2X) earnings with no cap on an
individual employee.
b) Extended Health Benefits, Major Medical benefits with prescription drug plan
and semi-private hospital coverage. Coverage for massage therepay of $30.00
per visit up to a maximum of $300 per year. The parties agree to utilize the
services of drug dispensing warehouses for maintenance drugs and will use
PAGE 42 Inside Collective Agreement 2005 - 2007
generic drugs unless otherwise directed by a doctor. The parties agree to follow
an established maintenance drugs list.
c) Vision
i) Prescription glasses/Lazer Surgery maximum three hundred and
fifty ($350.00) per person in any two (2) policy years.
ii) Eye Exams 100% coverage for all eye exams or tests each 24
months
d) Dental Plan equivalent to Blue Cross # 9, major restorative, and orthodontic
coverage for children with a 50% reimbursement to a maximum of $4,000.
The O.D.A. Fee Schedule shall be the schedule of the current year.
i) 8 Units of scaling per year
ii) Oral Hygiene Instruction once per year
iii) Limited Periodontal Examination twice in any 12 month period with a
5 month separation between examinations
iv) Intra Oral radiographs and Bitewings once in every 12 month period
e) Long Term Disability Plan — 70% of wages for all positions on the Union
Grid.
The employee may elect to pay 100% of their own LTD Premiums.
f) The following benefits will be provided with the following co-payment/limits:
i) Physiotherapy Services — 50% co-payment by the Municipality to
a maximum of $400.00 annually.
ii) Chiropractic Services — annual maximum of $400.00 with $40.00
per visit limit.
22.2 Changes to Benefits
Any changes to the benefits set out above shall be a matter of negotiations
between the parties except that the Municipality shall have the right to designate the
carrier.
22.3 OMERS
The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement
Systems Act.
Inside Collective Agreement 2005 - 2007 PAGE 43
22.4 Benefits During Illness
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. All Extended Health Benefits, Dental, Vision and Life Insurance
coverage will continue for the duration of any long term disability claim.
22.5 Employment Insurance
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.
22.6 Retiree Benefits
The Municipality will continue to pay the premium cost of the employee's health,
dental, and Life Insurance benefits after retirement up to age (65) or the legislated
retirement age, which ever is greater, from the first day of retirement. It is
understood that an employee must have 15 years of vested service, must be in
good standing at the time of retirement and must be at least 55 years old.
Conversion options are the responsibility of the member and requests to implement
must be made directly with the Plan Provider and not the Municipality.
22.7 Membership — Courtice Complex Fitness
The Municipality will pay 50% of the prevailing normal membership rate at the
Courtice Community Complex Fitness Centre, for the employee only.
22.8 Survivor/Spousal Benefits
Upon the employees death, retirement at NRA 65 or early retiree reaching age
65, the employee's survivor or spouse will continure to receive benefits will
continue for a maximum of 10 years, however will cease at the survivor or
spouse reaching age of 65. Deluxe travel ceases for employee and spouse
under spousal benefit coverage once the employee reaches age 65.
22.9 Termination Notice Period
No Short Term or Long Term Disability, will be provided during notice periods
applicable to terminations.
22.10 Conversion Options — In the event that an employee ceases employment
with the Municipality of Clarington conversion options for any municipal
employee or retiree may be available from the benefit carrier at the employee's
PAGE 44 Inside Collective Agreement 2005 - 2007
request. Requests must be made directly with the Plan Provider and not
with the Municipality.
23.1 The provision of a short-term disability plan, on completion of the probationary
period, is set out below.
23.2 Length_— one hundred and twenty (120) days (equates to eighty-five (85)
working days or the plan elimination period)
23.3 Eligibility
a) Coverage — 100% for the first five (5) days of illness or emergency leave
per year, - 75% for the remaining days. The first 5 days of illness or emergency
leave taken will be deducted form the (10) "emergency leave" days as provided
for under the Employment Standards Act.
b) Short term sick leave will be pro-rated for eligibility based on date of hire and
termination.
c) If an employee is absent more than 85 working days on a continuous or
related illness, the short term claim will automatically be referred to the long
term plan.
d) One claim to a maximum of 85 working days is permitted per each
illness annually. Additional claim for repeated absence due to the same
illness will be disallowed or referred to Long Term Disability, if eligible.
23.4 Application — First day of illness or non-compensable injury.
23.5 Top Up
a) From 75% to 100 % on the sixth (6th) 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 85
working days on any one claim.
c) In no case shall more than five (5) vacation days be used to top up sick
leave in any calendar year.
d) No vacation days shall be used during sick leave absence except as
provided for in this section above.
e) Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
Inside Collective Agreement 2005 - 2007 PAGE 45
23.6 Unused Days
a) No accumulation of unused sick days.
b) If no sick days are used at the end of any calendar year, then the employee
will receive two (2) day's pay. There will be no pro-ration of the two (2) days.
23.7 Verification and Second Opinion
a) The Corporation reserves the right to request sick/emergency leave
verification after the third consecutive day of illness or use of any emergency
leave day and to interview on matters related to use of sick leave or emergency
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) i) 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.
ii) 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.
iii) If the Municipality request a second opinion from a doctor outside the
Region of Durham, the Municipality will reimburse the employee for the
medical costs and mileage related to the issuance of the doctor's
certificate only.
23.8 Beneficiary/Estate Provisions
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.
23.9 Sick Credits (if applicable)
a) Any employee who qualifies for sick leave pay, shall receive full pay so long
as the employee `s credits under the prior sick credit plan last. However
bereavement leave shall not be charged to sick leave credits.
b) 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.
PAGE 46 Inside Collective Agreement 2005 - 2007
24.1 An employee will be entitled to receive an annual vacation with pay in
accordance with his years of employment as follows:
(see chart on following page)
On completion of less than one year of One working day for each completed moth
employment in a calendar year of employment to a maximum of ten working
**if start date is on or before the 15th of the month, days calculated as of December 31st of the
entitlement is one (1) day, if start date is after the 15th of year in which employment commenced**
the month, entitlement is one half(1/2) day
In the calendar year of the 1st anniversary 2 weeks
and each year thereafter
In the calendar year of the 3rd anniversary 3 weeks
and each year thereafter
In the calendar year of the 10th anniversary 4 weeks
and each year thereafter
In the calendar year of the 18th anniversary 5 weeks
and each year thereafter
In the calendar year of the 25th anniversary 6 weeks
and each year thereafter
24.2 New Employees
New employees shall not be entitled to take vacation within the first six (6) month of
employment except by mutual agreement of the parties.
24.3 Scheduling Vacation
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
a) Seniority for the purposes of vacation preference shall only apply to the
priority request for vacation to a maximum of ten (10) consecutive days.
b) Vacations may be scheduled anytime in the calendar year and every effort
Inside Collective Agreement 2005 - 2007 PAGE 47
will be made to post the schedule by March 31st 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.
24.5 Vacation Pay
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 greater.
24.6 Carry Over
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.
24.7 Accrual During Absence
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.
24.8 Exceed 90 Days — Return to Work
If the 90 day period has been exceeded and the employee returns to work on a
modified time schedule, all vacation and sick leave accrual will be pro-rated
based on actual hours worked. Hours worked may be recorded on an hourly
basis rather than salaried compensation until the employee returns to full time
hours and paid on one week hold back.
24.9 Pro-ration
Entitlement to vacation with pay will be pro-rated upon hire and termination of
employment. If an employee's start date is on or before the 15th of the month,
they will be entitled to a full day for that month. If the employee's start date is
after the 15th of the month, they will be entitled to '/2 day for that month.
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
PAGE 48 Inside Collective Agreement 2005 - 2007
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 '/2 Working day before Christmas and
'/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 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 as determined by
the Municipality, 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.
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 25.02 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 Holiday falls on a regular wording 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.
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.
Inside Collective Agreement 2005 - 2007 PAGE 49
27.1 Attached hereto and forming part of the Agreement are:
1 . Schedule A-1 — Wages and Job Classifications
2. Schedule A-2 — Compensation Matters of Classifications
3. Schedule B — Hours of Work/Overtime Hours/ P.P.E. & Other
This Agreement will be effective from January 1 st, 2005 until December 31 st, 2007
and from year to year thereafter unless either party gives notice in writing with 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 MAY, 2005.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPORATION OF THE CANADIAN UNION OF PUBLIC
MUNICIPALITY OF CLARINGTON EMPLOYEES AND ITS LOCAL 74
on, Mawr
r� r
atti arrle, Clerk
PAGE 50 Inside Collective Agreement 2005 - 2007
MUNICIPALITY OF CLARINGTON
SCHEDULE"A" OUTSIDE- WAGES&JOB CLASSIFICATIONS
JANUARY 1 -DECEMBER 31, 2005
Code Classification Start 6 mths 12 mths 18 mths 24 mths
1 *Labourer
•Facility Operator 1 14.79 15.60 16.41 17.25
•Building Services I
Annual Rate 30,763 32,448 34,133 35,890
2 Building Services 11 15.54 16.35 17.19 18.09
Annual Rate 32,3231 34,008 35,755 37,627
3 Light Equipment Operator 17.33 18.40 19.47 20.54 21.61
Facility Operator I Note 10
Annual Rate 36,046 38,272 40,498 42,723 44,949
4 Animal Control Officer 18.39 19.52 20.66 21.79 22.92
Heavy Equipment
Facility Operator 11 Annual Rate 38,251 40,602 42,973 45,3231 47,674
5 Mechanic"A" 19.52 20.66 21.79 22.92 24.17
Annual Rate 40,602 42,973 45,323 47,674 50,274
6 Leadhand Facilities Note 1. 20.69 21.99 23.27 24.55 25.83
Leadhand Annual Rate 43,035 45,739 48,402 51,064 53,726
Leadhand Mechanic
Leadhand Horticulture
Sr.Animal Control Officer
Notes:General,a)Temps move through grid. b)Senority date used for grid movement.
Notes: METHOD OF PAY:
1 Name Change only Chief Operator Arena,to Leadhand Facilities
2 Incumbents outside the 24 month level will not be restricted by future overall grid increases.
PREMIUMS:
3 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.
4 Facility Operators premium:$2.00 per hour above the classified rate for all hours worked on shifts starting btwn 3p.m.&6 a.m.&weekends
5 Building Services Employees premium: $1.00 per hour on weekend shifts and shifts beginning between 3 p.m.&6 a.m.for MAC/Library shifts
6 Shift Premium$1.00/hour for winter night/weekend patrol shifts
FACILITY OPERATORS:
7 Facility Operator II rate of paywill be based on Certification and criteria as determined bythe Director of Community Services.
8 Facility Operators will remain in the Facilities for a period of four(4)years from the date of hire.
9 Facility Operator II will not have wage rates reduced when transferred out of the facility.
10 Courtice chlorine designated employees @ Jan.1,2002 will retain this classification and remain at Code 3 rate while working in Courtice Complex.
Leaving Courtice for a non-temporary period,rate returns to F.O.1,Code 1
HEAVY EQUIPMENT:
11 Heavy Equipment:Grader,Gradall,Backhoe,Front-end Articulating Loader,Streetsweeper,Side Boom Mower(The
Operator will be paid the heavy equipment rate when operating the loader for four(4)hours or more).
GENERAL:
12 The change in name of classification does not,in itself,speak to any issue regarding work assignment.
REVISED:February 16,2005
Inside Collective Agreement 2005 - 2007 PAGE 51
MUNICIPALITY OF CLARINGTON
SCHEDULE"A" OUTSIDE-WAGES&JOB CLASSIFICATIONS
JANUARY 1 -DECEMBER 31, 2006
Code Classification Start 6 mths 12 mths 18 mths 24 mths
1 *Labourer
•Facility Operator 1 15.31 16.15 16.98 17.86
•Building Services I
Annual Rate 31,840 33,584 35,327 37,146
2 Building Services 11 16.08 16.92 17.79 18.72
Annual Rate 33,4551 35,196 37,007 9441 1
3 Light Equipment Operator 17.94 19.04 20.15 21.26 22.37
Facility Operator I Note 16
Annual Rate 37,308 39,612 41,915 44,219 41
4 Animal Control Officer 19.03 20.20 21.38 22.55 23.72
Heavy Equipment
Facility Operator 11 Annual Rate 39,590 42,023 44,477 46,910 49,34
5 20.20 21.38 22.55 23.72 25.02
Annual Rate 42,023 44,477 46,910 49,342 52,03
6 Leadhand Facilities Note 1. 21.41 22.76 24.08 25.41 26.73
Leadhand Annual Rate 44,541 47,340 50,096 52,851 55,60
Leadhand Mechanic
Fleet Technician
Leadhand Horticulture
Sr.Animal Control Officer
Notes:General;as Temps move through grid. bl Senority date used for grid movement.
Notes: METHOD OF PAY:
7 Name Change only Chief Operator Arena,to Leadhand Facilities
2 Incumbents outside the 24 month level will not be restricted by future overall grid increases.
PREMIUMS:
3 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 no and 6,00 a of the next day following_
4 Facility Operators premium-$2.00 per hour above the classified rate for all hours worked on shifts starting btwn 3p or $6 a _&weekends
5 Building Services Employees premium- $1 00 per hour on weekend shifts and shifts beginning between 3 p_m_&6 am.for MAC/Library shifts
6 Shift Premium$1.001 hour for winter nightlweekend patrol shifts
FACILITY OPERATORS:
7 Facility Operator II rate of pay will be based on Certification and criteria as determined by the Director of Community Services
8 Facility Operators will remain in the Facilities for a period of four(4)years from the date of hire
9 Facility Operator II will not have wage rates reduced when transferred out of the facility
10 Courtice chlorine designated employees @ Jan 1,2002 will retain this classification and remain at Code 3 rate while working in Courl Complex_
Leaving Courtice for a non-temporary period,rate returns to F.O.1,Code 1
HEAVY EQUIPMENT:
11 Heavy Equipment:Grader,Gradall,Backhoe,Front-end Articulating Loader,Streetsweeper,Side Boom Mower(The
Operator will be paid the heavy equipment rate when operating the loader for four(4)hours or more).
GENERAL:
12 The change in name of classification does not,in itself,speak to any issue regarding work assignment.
Revised
PAGE 52 Inside Collective Agreement 2005 - 2007
14LUNICIPALITY OFFCLARINGTON
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Inside Collective Agreement 2005 - 2007 PAGE 53
MUNICIPALITY OF CLARINGTON/CUPE OUTSIDE
SCHEDULE "A-2" COMPENSATION MATTERS&CLASSIFICATIONS
1 PAYMENT
a) Employees will be paid by-weekly on Thursday for a pay period ending the previous Friday.
2 STANDBY PAY
a)Any employee designated to standby duty during other than normal hours of work will receivethirty dollars($30.00)per day as standby
pay for regular dates and sixty dollars($60.00)on the day a holiday actually falls.
b) Lead Hands that are on call will receive standby pay when on call,and a premium of$1.00 per hour for each hour called in
when on standby.
c) 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.
d) Employees must be in a"fit"condition to perform their job duties-i e. no alcohol.
3 CALL-OUT PAY
a)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 outwithin the same period specified above shall be considered as continuous.
b) For calls taken and resolved over the telephone,employees are entitled to receive one hour straight time pay.
* "Called Out"refers to an employee who is actually physically called into work and the employee must be in a"fit"condition to perform
their job duties-i e no alcohol.
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 tha
two(2)hours,shall qualify for a meal allowance to a maximum ofeleven dollars($11.00).
b)An employee shall be permitted to a rest period of fifteen(15)consecutive minutes in each half shift.
5 MILEAGE
a) Employees required to use their own vehicles for business purposes will be reimbursed at the rate offorty-seven cents(47c)per
kilometer for all kilometers travelled for the Municipality.
b) Expense claims shall be submitted to the Department Head on the first working day of each month and claims will be paid on or about
the seventh(7th)day of each month.
c) 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.
4 PROMOTION/TRANSFER TO HIGHER CLASSIFICATION
a) Permanent Promotion
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.
b) Temporary Transfer
Employees working in a higher classification shall receive the higher rate for all hours worked if more than(4)per day.
5 TRANSFER TO LOWER CLASSIFICATION
Temporary Transfer
When an employee is detailed to relieve on a temporary basis for any period in a position of lower rating,they shall maintain their regula
rate of pay while so assigned.
6 GRID PROGRESSION DURING LEAVES
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.
7 RECOVERY OF OVERPAYMENT/MONIES OWED
a) Compensation Overpayment
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.
b) Monies Owed Upon Leavina
Upon ceasing employment with the Municipality of Clarington,any monies owing under municipally funded programs will be
deducted from an employee's final pay owing,including vacation pay owing
10 PROFESSIONAL FEES
The Municipality agrees to pay employees for the full cost of membership fees of professional associations which are directly related to
the employee's employment duties.
OUTSIDE-Schedule A-2 Compensation&Classifications
PAGE
MUNICIPALITY OF CLARINGTON I CUPE OUTSIDE
SCHEDULE "B" HOURS OF WORK/OVERTIME HOURS/P.P.E. &OTHER Page 1
1 10 HOUR SHIFTS&MOVEMENT
a) 10 Hour Shifts
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 afterten(10)hours in a day,forty(40)hours/week.
b) Movement Between Departments/Facilities
Depending on workloads,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 Services are excluded from this provision.
2 HOURS OF WORK
A Regular work week -Forty(40)hours per week as follows.
1 Operations-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.
It is understood that employees will remain on site during the rest and lunch periods.
2 Parks&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 8 00 p.m. No more than two employees will be required to work Saturday at any one time.
3 a Building Services-five(5)consecutive eight(8)hour days, Monday through Friday. The normal shift shall be worked between the
hours of 7 00 a m and 9 00 p m as scheduled by Management. Except, 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.
3 b Shifts will be implemented with the opening of the new facility,to provide up to 24 hour weekend security/services coverage.
4 Facilities-Shifts in the facilities shall continue as scheduled by the Facility Manager. Shifts 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.
5 a Animal Services-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 8:00 p m as scheduled by the appropriate supervisors in consultation with employees in the
Department. Said schedule will be posted by the 15th of the preceding month.
5 b Animal Services will not be required to work standby or regular shifts for Christmas Eve,Christmas Day, New Year's Eve,or
New Year's Day.These hours will be worked by part-time or temporary employees.
B EXCESS HOURS OF WORKWEEK
The parties agree to sign applications to the Ministry of Labour to permit work in excess of the regular hours,to a maximum
of 60 hours per week and 75 hours per week. The hours of work per day/overtime/working conditions are as established in
Schedule B. ESA rules regarding hours free from work and eating periods will apply. The Highway Traffic Act governs
Certified Vehicle Operator Registered employees. A driver who has accumulated fifteen(15)hours on duty time shall go off
for at least eight(8)consecutive hours before driving again.The Municipality will not schedule more than the maximum
allowable hours and each employee has an obligation to adhere to the maximum hour limits permissible under legislation.
3 OVERTIME HOURS OF WORK
a) Overtime Pav-Regular DaVs
Authorized hours worked over and above seven(7)hours/day or thirty-five(35)/week shall be paid for at the rate of time and one-half
(1-1/2)the employee's regularly scheduled rate of pay.
b) Sunday Overtime
The Municipality shall pay double time for all hours worked on a Sunday except where regularly scheduled.
c) Time-in-Lieu of Pay for Overtime
Time off in lieu of overtime may be granted at a rate of time and one-half(1-1/2)hours for each hour worked.with the approval of the
Department Head.
d) Time-in-Lieu Carry-Over
Time-in-lieu earned will be eligible for carry over to a maximum of 16 hours annually.
e) Offer of Overtime
Where reasonably possible. overtime will be offered to employees who normally perform the work.
f) Sunday Conference-Time
If an employee is required to register for an approved conference on Sunday, pay will be at straight time for actual travel time
only and one(1)hour straight time for registration. Mileage will be reimbursed at current rate.
OUTSIDE-Schedule B Hours of Work/O.T.etc
Inside Collective Agreement 2005 - 2007 PAGE 55
MUNICIPALITY OF CLARINGTON/CUPE OUTSIDE
SCHEDULE "B" HOURS OF WORK/OVERTIME HOURS/P.P.E. &OTHER Page 2
4 PERSONAL PROTECTION EQUIPMENT&CLOTHING
a) Footwear
i)Permanent Employees-are required to wear C.S.A.approved safety footwear which is recommended by the Joint Health&
Safety Committee;designated and paid for by the Municipality.
ii)Probationary Employees-must purchase their own C.S.A.approved boots which will be reimbursed at the end of successful
probation.
iii)Temporary Employees-must purchase their own C.S.A.approved boots as a condition of employment.
b) Tools/Equipment
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)Quality/Colour of Clothing
The quality and colour requirements of clothing will be the decision of the Corporation.
d) Clothing Issue-Permanent Employees
i)Parkas&Insulated Overalls-in accordance with the appended Memorandum on Clothing Issue March 6, 1995.
ii)Mandatory-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 except By-Law Enforcement.
iii)Annual Issue-4 items of employee's choice: shirts or reflective T-shirts(long or short sleeve)and/or work trousers
-1 pair regular overalls
-1 sweatshirt,design at the discretion of the Corporation
iv)First Year- of issue the employee will receive 3 shirts and 3 pair of work trousers.
e) Clothing Issue-Temporary Employees
Temporary employees must purchase the normal department issue.
f) Care and Replacement of Clothing
i)Clothing Condition-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 cost.
ii)Replacement-of articles shall be provided when the old items are turned in to the Department Head.
iii)Purchase-employees may purchase any of the standard clothing over and above the annual items issued.
iv)Care-Employees will be responsible for the care of all clothing issued by the Municipality.
g) Gloves,Coveralls&Other Issue
i)Care of Other Issue-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.
ii)Coveralls for Vehicle Service-The Municipality will maintain a supply of clean blue coveralls to be available for use by those
employees who service the Municipality's vehicles.
h) Mandatory P.P.E..to be Worn(Hats, Vests,etc.)
All employees shall be required to wear C.S.A... approved safety hats,vests and reflective clothing in accordance with the
Construction Safety Act and/or the Health and Safety Act. C.S.A.,as supplied by the Corporation.
i) Ownership of Issued Items
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.
5 FIRST-AID KITS
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 a specified by the Health&Safety Committee.
6 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.
7 ERRORS AND OMISSIONS INSURANCE
The Municipality agrees to maintain Public Liability and Errors&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.
OUTSIDE -Schedule B Hours of Work/O.T.etc page 2
PAGE 56 Inside Collective Agreement 2005 - 2007