HomeMy WebLinkAbout2004-047
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004 - 047
Being a by-law to authorize the execution of an agreement between the
Municipality of Clarington and the Clarington Professional Fire-fighters,
Local 3139.
NOW THEREFORE 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
Corporate Seal, the Collective Agreement between the Clarington
Professional Fire-fighters, Local 3139 and the Corporation of the
Municipality of Clarington for the term covering January 01, 2004 to
December 31,2006.
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By-law read a first and second time this day of
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By-law read a third time and finally passed this
February
,2004.
Februar'y
day of , :l004.
cJ1. -uIJ~~
John "_,Ma"". :.:
, Municipal Clerk
Appendix B
Annual Return Sick Leave Plan
Eli!!ibilitv
. All existing employees at July 1, 2004 shall have the option of remaining on
their previous existing plan or switching to this Annual Return Plan.
. All existing employees as stated above shall be given a single opportunity to
switch plans and must put their request to change in writing to the Fire Chief,
copied to Human Resources. All employees hired after January 1, 2004 shall
have the opportunity of enrolling in the Annual Return Sick Plan or Short
Term Disability Sick Leave Plan.
. All employees shall have completed five (5) years continuous service with the
Corporation to be eligible for any return for accumulated sick days.
Rate and Rules of Return
. Employees who have completed sixty (60) days employment will be entitled
to one (I) day per month accumulative sick leave, retroactive to date of hire at
his/her regular rate of pay.
. A sick leave day shall be calculated at the rate of 1/182 of the annual salary as
it applies to the individual employee.
. In order to receive the annual retum for unused sick days, employees must
have forty (40) unused accumulated days in their sick banle.
. Employees not having the minimum forty (40) days in their bank shall
continue to use the portion of unused accumulated days needed to bring them
up to the required forty (40) days before being eligible for any return.
. Employees shall not be permitted to accumulate more than forty (40) unused
days in their sick bank after returns are paid, unless those employees are
awaiting their five (5) year eligibility date, at which time the excessive days
shall be paid out.
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. Having met the criteria for eligibility, each employee shall be paid an amount
equal to exactly one-half (112) of their unused sick days not required to top up
to the 40 day base or contributed to the bereavement fund from the prior
calendar year at hislher regular rate of pay on the last day of the year
calculated to a lifetime maximum of91 days. Payment is subject to any
statutory deductions that may be appropriate and paid through the Municipal
payroll.
. As soon as possible, upon resigning or retiring from employment, exactly one-
half (112) of remaining unused base of accumulated (maximum 40) days shall
be paid at hislher regular rate of pay on the last day of employment, including
those days remaining in the sick bank. Paid out as a retiring allowance as
appropriate.
. Employees may use vacation entitlement which may still be due them, while
absent because of illness when hislher sick pay is exhausted, or on the
approval of the Chief, the sick pay shall be interrupted in order that vacation
entitlement may be completed before the end ofthe year.
. In instances where a member is off sick due to injury or illness and does not
have sufficient days in hislher sick bank to fulfill the waiting time for Long
Term Disability, such information may be filed with the Chief, and members
of the Local 3139 will be advised that they may make a voluntary individual
contribution in such cases, on the understanding that decision to contribute is
the responsibility of the individual member. A maximum of one (I) sick day
per month of sick leave, donated by each member, is to be applied to the sick
bank of the deficient member.
. At the end of the Elimination Period in accordance with the LTD plan, all sick
leave claims are automatically referred to LTD.
. If an employee dies before retirement, one-half (112) of all unused vested
accumulated sick days will be paid to hislher beneficiary as soon as possible,
following the members death.
MEMORANDUM OF SETTLEMENT
Between:
The Corporation of the Municipality of Clarington
Hereinafter referred to as "the Municipality"
and
Clarington Fire Fighter's Association International Association of Fire Fighters
Local 3139
Hereinafter referred to as "the Association"
Whereas the collective agreement between the parties expired on December 31 st, 2003;
And whereas the parties wish to amend the collective agreement;
Now, therefore the parties agree to the following basis of settlement of all matters in
dispute and agree to recommend its acceptance unanimously to their principals for
ratification.
I. The term of the collective agreement shall be from January 1st, 2004 to December
31 st, 2006.
2. All Language submissions agreed to by the parties prior to the date hereof shall be
incorporated, as set out in Appendix "A" attached hereto.
3. The Annual Return Sick Leave Plan agreed to by the parties prior to the date
hereof shall be incorporated, as set out in Appendix "B" attached hereto.
4. Wage grid - Appendix "c" attached hereto.
5. The Municipality agrees to recommend to Council the addition of up to 4
additional suppression staff in the 2004 budget.
6. Article 9.01 - Hours of Work - add: "Regular hours of work for Prevention staff
under the current shift system shall be 10 hours per day, 4 days per week, for a
total of 40 hours per week."
Page # 2
7. Article 10.03 - Training- add: "Corporation required training, as determined by
the Corporation and excluding Fire College courses, shall be paid at time and a
half."
8. New Article 14.0Hb) - Meetings: Meetings will be scheduled and compensated
according to the following:
1. Municipality called or Mutually agreed to meetings: scheduled when
one (I) employee on shift, two (2) members paid at time and a half
(11/2), with no minimum hour constraint.
2. Joint Negotiation Meetings: maximum of three (3) Association
members plus Association President to be paid at straight time, with no
maximum.
3. Grievance Meetings requested by the Association is without
compensation.
9. Article 14.04 - Sick Leave: add" Paragraph (a) through (f) only apply to
Firefighters hired before January I't, 2004. Existing employees have the option to
remain on the existing sick leave plan or may elect to participate in the Annual
Return Sick Leave Plan. Those employees opting to switch plans may only do so
once in their careers. (Article 14.05). This article will be included in the
Collective Agreement under the appropriate sick leave article.
add: Note: It is agreed that firefighters will not be pressured to choose one plan
over another. It is further agreed that there will be no pressure in future
negotiations to change from choice of Sick Leave Options."
10. Article 14.04 fbl- add: "A sick leave day for Prevention staff will be calculated
at the rate of 10 hours in accordance with their schedule."
11. Articles 14.05 through 14.08 will be re-numbered Articles 14.07 to 14.10
respectively.
12. New Article 14.05 -All firefighters hired after January 1st, 2004, who may elect
within 60 days of hire to be covered by either of the following provisions:
New Article 14.05 - The Annual Return Sick Leave Plan
>>>See Appendix "B"
New Article 14.06 - Municipal funded Short Term Disabilitv Plan: This article
applies to only firefighters hired after January 1 't, 2004 who elect within 60 days
of beginning employment to be covered by a short-term disability plan as set out
below:
14.06 (a) The provisions of a short-term disability plan, on completion of a 60
day eligibility period, is set out below:
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(b) Length - 120 Calendar Days (Elimination period for L TD as set by
plan provider)
(approximately 56 working days)
(c) Coverage - 100% wages for the first 5 days of illness per year
_ 75% wages for the remaining days.
(d) Short term sick leave 100% wage provision will be pro-rated for
eligibility based on the date of hire and termination.
(e) If an employee is absent more than 56 working days, or LTD plan
dictated elimination period, on a continuous and related illness, the short
term claim will be automatically referred to the Long Term plan.
(f) Application - First day of illness or non-compensable injury
(g) Top UP - from 75% to 100% on the sixth (6th) day
(i) A maximum of 5 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 the 56
working days on anyone claim.
(h) No accumulation of unused sick days.
(i) If no sick days are used at the end of any calendar year, the employee
will receive two (2) day's pay. There will be no pro-ration of the (2)
two days.
Article 14.08 renumbered Article 14.10 - Educational Courses: add: "Requests
for courses to be taken which will have a budgetary impact, must be received by
the Chief by October 1st of the year prior to the course being taken."
13. Article 15.01- Vacations- add: "Vacation days are charged at 8.4 hours per
day/42 hour per week as per the current practice, for the sole purpose of
calculating payroll."
Article 15.03- amend as follows: "Vacation scheduling shall be on a seniority
basis. Requests must be made prior to December 1 sl of the prior vacation year
and seniority shall be applied only within platoon/crew and station. Vacation
requests that are not made prior to December 1 sl must be applied before
November I st, but seniority only applies to vacation requests made prior to
December 1 Sl. Summer vacation allotment shall be distributed using a Prime
Time three (3) month schedule, prime time months being June, July and August.
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Each platoon member will be entitled to a two (2) week vacation in prime time
based on seniority.
14. Article l6.02(a) - add: "Observation of Statutory holidays by Fire Prevention
Staff and the Training Officer will be on the day it occurs."
15. Article 17.01 fal- amend as follows: "Group life insurance, based on two (2x)
salary to a maximum of $175,000. and Accidental Death and Dismemberment
(AD&D), based on two (2x) salary to a maximum of $175,000."
Add: "Spousal Life Insurance: $20,000 plus $4,000 for each dependent
child"
Article 17.01 fbl - add:" Coverage for Paramedical services to a maximum of
$300 a year per person per specialty upon Doctor referral, as required by the
Policy. Paramedical as provided for in the Plan; for example chiropractor, speech
pathologist, massage therapist, osteopath, podiatrist, chiropodist, and
naturopath."
Article 17.01 fcl- amend as follows: "Prescription glasses to a maximum of
$300 per person ever two [2] policy years;"
"Policy year is dermed as the timeframe set out by the plan providers and it
refers to 24 months from the date of use, not calendar years.
Article 17.01 f dl- add: " Orthodontic services for dependent children with a
fifty (50%) per cent reimbursement to a maximum of $4,000 per lifetime."
"Major services with an eighty (80%) per cent reimbursement to a
maximum of $1 ,000 per calendar year."
Article 17.01 fel- LTD amend as follows: "commencing after 120 days at 70%
of salary to a maximum of $5,000 per month to retirement"
New Article 17.04 (b) - Retiree Benefits:
Life, dental and extended health retirement benefits to age 65 provided:
1. Available from 1 st day of retirement
2. All benefits terminate at age 65, any conversion options available
under any plan are the responsibility of the Member to investigate and
implement,
3. Employee must have 15 years of vested service
4. Employee must be in good standing* with the Municipality at the time
of retirement.
5. Employee must be at least 55 years of age, or;
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6. Employees who qualify for early unreduced OMERS pension with 15
years of vested services will be eligible for benefits at age 50.
* Good Standing is defined as - remains in the employ of the Municipality who is
not currently in a litigation proceeding, or involved in a malicious act against the
Municipality.
Article 17.07 - Mileage - add: Transfers that are considered permanent,
including any longer than 30 days duration are not eligible for mileage
reimbursement.
New Article 17.08 - Canadian Pension Plan - agree to review options available, if
legislation changes which allows for increased contributions to CPP at the rate of
2.33%, during the course ofthis agreement.
16. Article 18.01 (a) -Uniforms and EQuioment - amend as follows:
"The Corporation shall supply all full-time fire fighters with the necessary
uniforms and safety equipment. All full-time fire fighters will be issued a full
dress uniform and an all weather jacket that will be replaced on a "as required
basis, as well as 3 work shirts, 2 trousers and I pair of safety shoes annually.
Current issue will be reviewed with the Association on an annual basis and
any changes shall be made after being mutually agreed to by both parties.
New employees will receive the full issue as soon as possible following their
date of hire."
delete: Listing of articles of Uniforms and Equipment.
17. Article 20 - Wages : - amend
See Appendix "c" - Wage grid.
Summary:
Increase First Class Fire Fighter base rate to average of Pickering, Whitby,
Oshawa at December 31 st, 2003 - $64,045.
Increase to First Class Fire Fighter rate to be set as follows:
Effective January 1 st, 2004 - 3.2%
Effective January IS', 2005 - 3.2%
Effective January 1 st, 2006 - 3.2%
Add: Acting Captain reference in Wage grid with notation "while acting in that
Capacity"
Training Officer referenced in Wage grid.
Page # 6
This agreement shaH expire on December 31 st, 2006.
Dated at Bowmanville, Ontario this 5th day of February 2004.
On Behalf of:
On Behalf of:
Clarimrton Fire Fil!hter's Association. Local 3139
The Corooration ofthe Municipality of
Clarinl!ton
C ''') ,caJKS2~ ~
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Bob Mc utcheon,
President, Local 3139
Frank Wu,
Chief Administrative Officer
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Ron Klosinski,
Negotiating Chair
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. Marano,
egoti ting Chair
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Negotiating Team Member
Mike Creighton,
Negotiating Team
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Tim Calhoun,
Negotiating Team Member
Sheila Schweizer
Negotiating Team Member
Appendix A
Language Only Submissions
Art 1.01
. Change FDA to FPPA
Art 2.02
. Change to" Emergency and Fire Services Department"
Art 3.02
. Eliminate all " fourth class probationary firefighter" language and replace with
"probationary firefighter"
. Add "no reduction in the dispatcher's salary will result upon moving to the
probationary firefighter's level"
Art 3.03
. Change Clarington Fire Department to "Clarington Emergency and Fire Services"
Art 5.01
. Change words "department at" to "departmental"
Art 7.02
. Change "provision" to "agreement"
Art 7.03
. Change "Deputy Fire Chief' to "Divisional Fire Chiefs" ( in three instances, one
in each of the three paragraphs outlining steps 1 and 2)
Art 8.01
. Change "Section 7 of the Fire Departments Act, R.S.O. 1990, c.l64 as amended"
to" Part IX Section 53 of the Fire Protection and Prevention Act"
Art 9.01
. Add "Regular hours of work for Fire Prevention staff under the current shift
system shall be 10 hours per day, 4 days per week, for a total of 40 hours per
week."
Art 9.02
. Change FDA to FPPA
Art 11.01
. Change "Clarington Fire Department" to " Clarington Emergency and Fire
Services"
Art 15.oI
. Change "Fire Department" to " Emergency and Fire Services Department"
Art 16.05
. Change". . ..in the event of an emergency as defined under the Departments Act"
to "....in the event ofa major emergency as defined under the Fire Protection and
Prevention Act"
Art 17.07
. Change to Article 18 and renumber following and index accordingly
Art 18.01
. Correct spelling to fire "retardant" hood
Art 18.02
. Change "Clarington Fire Department" to "Clarington Emergency and Fire
Services" and delete "( formerly Newcastle Fire Department)"
Art 19.01 (d)
. Change "Section 6 of the Fire Departments Act, R.S.O. 1970, c. 169 as amended."
to "Part IX Section 49 of the Fire Protection and Prevention Act"
. Change "The time limits in Section 5.49 shall apply" to "The time limits in Part
IX shall apply".
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COLLECTIVE AGREEMENT
FIREFIGHTERS
2004 - 2006
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THE CLARINGTON FIRE FIGHTER'S ASSOCIATION, LOCAL 3139
2004-2006
INDEX
ARTICLE 1 - SCOPE AND RECOGNITION................................................................................................ 1
ARTICLE 2 - MEMBERSHIP AND DUES CHECKOFF .............................................................................1
ARTICLE 3 - PROBATION.............................................................................................................................1
ARTICLE 4 - MANAGEMENT RIGHTS........................................................................................................2
ARTICLE 5 - RULES AND REGULATIONS................................................................................................ 3
ARTICLE 6 - MEDICAL EXAMINATIONS ................................................................................................... 3
ARTICLE 7 - GRIEVANCE PROCEDURE .................................................................................................. 3
ARTICLE 8 - ARBITRATION .........................................................................................................................4
ARTICLE 9 - HOURS OF WORK..................................................................................................................4
ARTICLE 10 - EXTENDED HOURS OF WORK/OVERTIME................................................................... 5
ARTICLE 11 - SENIORITY ............................................................................................................................ 5
ARTICLE 12 - LAYOFF PROCEDURE ........................................................................................................ 5
ARTICLE 13 - PROMOTIONS....................................................................................................................... 6
ARTICLE 14 - LEAVE OF ABSENCE .......................................................................................................... 7
ARTICLE 14.04 - SICK LEAVE PLAN A- EXISTING..............................................................8
ARTICLE 14.05 - SICK LEAVE PLAN B - ANNUAL RETURN SICK LEAVE PLAN......... ...............9
ARTICLE 14.06 - SICK LEAVE PLAN C - MUNICIPAL FUNDED STD PLAN..............................11
ARTICLE 15 - VACATIONS ........................................................................................................,................ 12
ARTICLE 16 - STATUTORY HOLIDAyS...................................................................................................14
ARTICLE 17 - HEALTH AND WELFARE BENEFITS .............................................................................. 14
ARTICLE 17.04(B) - RETIREE BENEFITS.............. .......................................... ............... ...16
ARTICLE 18 -MILEAGE .............................................................................................................................. 17
ARTICLE 19 -UNIFORMS AND EQUiPMENT...... ......... ......... ...... ......... ..................... .........17
ARTICLE 20 - TECHNOLOGICAL CHANGE........................................................................................... 18
ARTICLE 21 - WAGES ................................................................................................................................ 19.
ARTICLE 22 -INDEMNIFICATION ............................................................................................................. 19
ARTICLE 23 - LATERAL TRANSFER POLICy...................................................................................... 20
ARTICLE 24 - DURATION...... ..................... ...... ............... ......... ...... ............ ............ ........20
MEMORANDUM OF UNDERSTANDING dated October 16,1995........................................................22
LETTER OF UNDERSTANDING dated October 16,1995......................................................................23
COLLECTIVE AGREEMENT
BETWEEN:
The Corporation of the Municipality of Clarington
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The Ciarington Fire Fighter's Association
International Association of Fire Fighters Local 3139
ARTICLE 1 - SCOPE AND RECOGNITION
1.01 The provisions of this Agreement shall apply to all full-time fire fighters of
The Municipality of Clarington Emergency and Fire Services, as defined by the Fire
Protection and Prevention Act of Ontario, and all members who are covered by the
classifications listed under the wage schedule forming part of this agreement. The
provisions of this agreement exclude the Chief, two Divisional Chiefs, and their
designated secretaries.
1.02 The Corporation will recognize up to three (3) members duly elected or
appointed to the Association's bargaining committee and the Association President,
as the sole bargaining agent for all full-time fire fighters of The Municipality of Clarington
and all members who are covered by the classifications listed under wage schedule of
this agreement. The Corporation will deal with this committee in respect to matters
which may properly arise from time-to-time during the terms of this Agreement.
ARTICLE 2 - MEMBERSHIP AND DUES CHECKOFF
2.01 All full-time fire fighters who are now members of Local 3139 shall remain
so and any new full-time fire fighter of the department shall become a member of Local
3139 within thirty (30) days of completion of the probationary period.
2.02 The Corporation shall deduct from the wages of each employee of the Fire
Department to whom this Agreement applies, an amount equivalent to the Association
dues of a member of the Association and shall remit monthly to the Treasurer all
amounts so deducted with a list of names of employees from whom such deductions
have been made. Association dues will be deducted on the first regular deduction date
of the month following the date of hire of an employee.
ARTICLE 3 - PROBATION
3.01 An employee shall be considered on probation until he/she has worked a
total of twelve (12) months and during this time, he/she shall have no seniority rights. It
is expressly understood by both parties that during this probationary period an
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employee shall be considered as being employed on a trial basis and may be
discharged at any time at the sole discretion of the Corporation.
3.02 One completed year of dispatch service will provide a three (3) months'
credit towards a probationary fire fighter's probationary service. Two (2) completed
years of dispatch service will equal six (6) months' credit towards a probationary fire
fighter's service. Three (3) completed years of dispatch service will equal nine (9)
months' credit towards a probationary fire fighter's service. This will apply to existing
and future dispatchers.
3.03 Upon successful completion of the probationary period, the employee's
name shall be placed on the appropriate seniority list and his/her seniority shall date
back to his/her last date of hire as a full-time employee with the Clarington Emergency
and Fire Services.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01 The Association acknowledges that it is the exclusive function of the
Corporation to:
1.
Maintain order, discipline and efficiency and to make, alter,
and enforce from time-time-time rules and regulations
2.
Hire, fire, promote, demote, classify, transfer, suspend or
otherwise discipline any fire fighter provided that a claim of
discriminatory promotion or a claim that a non-probationary
employee has been discharged or disciplined without just
cause may be subject to a grievance and dealt with as
hereinafter provided;
3.
Generally to manage the Fire Department, and, without
restricting the generality of the foregoing, to determine the
number of personnel required from time-to-time, the
standards of performance for all fire fighters, the schedules
of operation and the assignment of work, the methods,
processes and means of operation, and all other matters
concerning the department's operations which are not
otherwise specifically set out in this Agreement;
4.
The Corporation agrees that these functions shall be
exercised in a manner consistent with and subject to the
express provisions of this Agreement.
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ARTICLE 5 - RULES AND REGULATIONS
5.01 It is understood that the Chief of the department may make such general
orders and departmental rules as may be desirable or necessary for the care, protection
and general efficiency of department at operations and that policies and procedures
may be established or determined from time-to-time to assist him/her in his/her duties.
5.02 It is understood that all full-time fire fighters shall be governed by the rules,
regulations, and by-laws of the department and the Corporation.
ARTICLE 6 - MEDICAL EXAMINATIONS
6.01 All employees appointed for fire fighting duties will be required to undergo
such medical examinations or tests at such times as the Chief of the Department may
reasonably require.
6.02 (a) The Corporation reserves the right to request a second opinion from a
physician who is mutually agreed to by both parties.
(b) If the Municipality requests a second opinion, the Corporation will
reimburse the employee for medical costs related to the issuance of a doctor's
certificate only.
ARTICLE 7 - GRIEVANCE PROCEDURE
7.01 The members of Local No. 3139 of the International Association of Fire
Fighters shall, from among their members, appoint a Grievance Committee of three (3)
employees and shall forthwith notify the Fire Chief and the Chief Administrative Officer
of the names of the members of the committee and of any changes made from time-to-
time in the membership of the said committee.
7.02 A grievance shall be defined as a written complaint regarding the
application or alleged violation of an express term of this agreement or, in the case of
an employee who has acquired seniority under this Agreement, a complaint that he has
been discharged or disciplined without just cause. All grievances shall bear the
signature of the employee and shall state the Article of the Collective Agreement which
is alleged to be violated and the remedy sought.
7.03 Step 1
Grievances shall be presented to the Fire Chief, or in his/her absence, to
the Divisional Fire Chiefs, within seven (7) calendar days after the
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circumstances giving rise to the grievance. Any grievance which is not
presented in writing within such time need not be accepted or considered
by the Fire Chief or Divisional Fire Chiefs.
The Fire Chief, or in his/her absence, the Divisional Fire Chiefs, shall
respond to the grievance in writing within seven (7) days after the
grievance is submitted to him/her.
Steo 2
The griever may appeal to the Chief Administrative Officer within seven (7)
days of the decision of the Fire Chief or Divisional Fire Chiefs and the
Chief Administrative Officer shall respond in writing within fifteen (15)
calendar days of the date he has received the written grievance. Failing
settlement at this level, the matter may then be referred to Arbitration
within seven (7) days of the Chief Administrative Officer's response.
7.04 All members of Local 3139 shall be advised of their right to have a
representative of the Executive Board of Local 3139 present at all disciplinary hearings
with management after a formal written reprimand has been issued.
ARTICLE 8 - ARBITRATION
8.01 Properly constituted grievances which have proceeded through the
grievance procedure outlined above may proceed to arbitration as provided by Part IX
Section 53 of the Fire Protection and Prevention Act. Written notice of Arbitration
shall be forwarded to the other party within thirty (30) calendar days of the decision
rendered under Step 2 of the grievance procedure.
ARTICLE 9 - HOURS OF WORK
9.01 Regular hours of work for dispatchers and fire fighters under the current
shift system shall be on average forty-two (42) hours per week as scheduled by the
Chief. Regular hours of work for Fire Prevention staff under the current shift
system shall be 10 hours per day, 4 days per week, for a total of 40 hours per
week.
9.02 It is understood that the Corporation reserves the right to introduce a shift
system in accordance with the provisions of the Fire Protection and Prevention Act at
such time as it considers desirable and that, in such event, the regular hours of work
would be modified.
9.03 The Corporation will provide a minimum of thirty (30) days' notice prior to
implementation of a change of shift schedule except where the shift rescheduling is
required as a result of an emergency.
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9.04 Employees may be permitted to exchange shifts or days off with
employees of the same rank with prior approval of the Chief and with the understanding
that such an exchange will not affect the efficient operation of the department.
ARTICLE 10 - EXTENDED HOURS OF WORK/OVERTIME
10.01 Fire Fighters who are called back to fire fighting duty outside of regular
working hours will be paid at the rate of one and one-half times their regular rate of pay
times the number of actual hours worked, with a minimum of three hours.
10.02 Overtime will be paid at one and one-half time (1.5x) the employee's
regular rate of pay where the employee continues to work beyond his/her regularly
scheduled shift or where the employee is called in to replace a regular full-time fire
fighter who is absent from active duty.
Employees shall be permitted the option of accumulating time in lieu at the overtime
rate as an alternative to taking payment for overtime hours worked. It is understood that
the scheduling of accumulated lieu-time is subject to the approval of the Fire Chief or
his designate.
10.03 Corporation required training, as determined by the Corporation and
excluding Fire College and education courses, shall be paid at time and a half.
ARTICLE 11 - SENIORITY
11.01 Seniority shall be defined as the employee's length of continuous service
since his/her last date of hire as a full-time employee with the Clarington Emergency
and Fire Services.
11.02 Employees shall not accumulate credited service for the purpose of
progression through the ranks or classes nor for the purpose of accruing vacation
entitlement during periods of absence from active duty which exceed ninety (90)
calendar days.
ARTICLE 12 - LAYOFF PROCEDURE
12.01 A layoff shall be defined as a reduction in the fire fighter workforce and the
layoff shall commence with the fire fighter with the least amount of seniority provided,
however, that the more senior fire fighters remaining are able to perform the required
work.
12.02 Fire fighters so laid off shall retain, but shall not accrue, their seniority
while on layoff for a period of up to one (1) calendar year. Laid off employees will not
be entitled to the benefits under this Agreement.
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12.03 A fire fighter shall be deemed to have resigned his/her employment if
he/she fails to report to work within ten (10) days after notice of recall has been issued
by registered mail at his/her last known address.
12.04
layoff.
In the event of recall, employees shall be recalled in the inverse order of
12.05 Except in the case of an emergency, and except to the extent of the
current practice, including current practice as it relates to volunteer firefighters, and
except to the extent and to the degree agreed upon by the parties from time to time, no
work customarily performed by an employee covered by this agreement shall be
performed by any employee or other person not so covered.
ARTICLE 13 - PROMOTIONS
13.01 All promotions shall be based on skill, knowledge, ability and physical
fitness, but in competition for promotion when these factors are relatively equal as
between candidates, preference shall be given to the fire fighter with the greatest
se n iority.
13.02 In determining skill, knowledge, ability, physical fitness and competence,
consideration shall be given to the results of such written and practical examinations as
may be developed and implemented by the Chief or his/her designate.
13.03 Recommendations for promotion of fire fighters shall be based upon an
evaluation of the following elements:
1. The results of examinations taken by the fire fighter; fire fighters must
obtain a minimum passing mark of sixty-five percent (65%) except that
candidate for Captain must obtain a minimum passing mark of seventy-
five percent (75%);
2. The reasonable physical fitness of the fire fighter based upon the
Canadian Standards for Physical Fitness;
3. The relevant experience and the fire and station record of the fire fighter.
13.04 Every applicant for promotion shall take such written, oral or practical
examination as may be required by the Chief of the Department and such examinations
shall be based on the Department's Training Manuals and Policies. No salary increase
shall be made until such time as the examinations have been successfully passed.
13.05 When a new rank is created, other than those presently covered by the
Collective Agreement, notices shall be posted in each fire station setting out the duties
of the rank and the salary rate. When such a position is posted, the Association will be
given an opportunity to meet with the Administrator and the Chief.
6
13.06 Persons selected for promotion to the position of Captain will be subject to
a trial period of six (6) months and during this time his/her performance will be reviewed
and assessed by the Corporation. Where the candidate fails to complete the trial period
or chooses to return within the trial period, the candidate will return to his/her former
classification and any affected employee will also return to his/her prior classification.
ARTICLE 14 - LEAVE OF ABSENCE
14.01 Leave for Association Business
Up to 3 designated members of the Association will be allowed a total of
six (6) days with pay and a further six (6) days without pay in anyone (1) contract year
to attend to Fire Association business provided that the Fire Chief is advised of the
intended absence at least fourteen (14) days prior to the occasion and is able to
adequately staff the department during the proposed absence at no additional cost to
the Corporation.
14.01(bl- Meetinas: Meetings will be scheduled and compensated according to
the following:
1. Municipality called or Mutually agreed to meetings: scheduled when one (1)
employee on shift, two (2) members paid at time and a half (11/2), with no
minimum hour constraint.
2. Joint Negotiation Meetings: maximum of three (3) Association members plus
Association President to be paid at straight time, with no minimum.
3. Grievance Meetings requested by the Association is without compensation.
14.02 Bereavement Leave
An employee shall be granted time off without loss of pay, upon approval
of the Chief, for the purpose of attending or making arrangements for the funeral of:
(a) an employee's spouse, son or daughter - up to a maximum of five (5)
consecutive scheduled working days;
(b) an employee's father, mother, father-in-law, mother-in-law, sister or
brother - up to a maximum of three (3) consecutive scheduled working
days;
(c) an employee's grandmother, grandfather. son-in-law, daughter-in-law,
sister-in-law, brother-in-law, or grandchild - up to a maximum of two (2)
consecutive scheduled working days;
7
(d) an additional two (2) days travelling time, without pay, may be granted by
the Chief to permit the employee to attend a funeral of the family that is to
be held at a distant point;
(e) an employee will only be entitled to bereavement leave where the
arrangements or funeral are necessarily conducted on a scheduled
working day.
14.03 Jurv and Court Dutv Leaves
An employee who is called to jury duty or is subpoenaed as a witness to
court on a work related matter will be granted leave of absence without loss of pay for
the duration of such duty less any fee paid for the service and subject to the Clerk of the
Court certifying the time. The member will however, retain any fee paid to him/her for
mileage.
Off duty court time shall be paid at the employee's regular hourly rate but
not less than two (2) hours. Court time shall be defined as any time spent at court, trial
or coroner's inquest proceedings.
14.04 Sick Leave
Plan A only applies to Firefighters hired before January 1S\ 2004. Existing
employees, at January 1S\ 2004 have the option to remain on Plan A or may elect
to participate in Plan B, the Annual Return Sick Leave Plan. Those employees
opting to switch plans may only do so once in their careers.
PLAN A -Existina Sick Leave Plan at January 1st, 2004
(a) An employee who has completed sixty (60) days of employment will be
entitled to one (1) day per month accumulative sick leave retroactive to date of hire at
his/her regular rate of pay. Sick leave will accumulate to a maximum of one hundred
and eight-two (182) days.
(b) A sick leave day will be calculated at the rate of 1/182 shift equivalent (12
hours) effective September 18th, 1992. A sick leave day for Prevention staff will be
calculated at the rate of 10 hours in accordance with their schedule.
(c) One-half (1/2) of the unused accumulated days, not to exceed one
hundred and eighty-two (182) days, will be paid to the employee upon resigning or
retiring from employment, subject to the employee having completed five (5) years of
continuous service with the Corporation.
8
(d) Employees may use vacation entitlement which may still be due them,
while absent because of illness when his/her sick leave pay is exhausted, or on the
approval of the Chief, the sick pay shall be interrupted in order that vacation entitlement
may be completed before the end of the year.
(e) In instances where a member is off sick due to injury or illness and does
not have sufficient sick days to his/her credit to fulfill the waiting time for Long Term
Disability, such information may be filed with the Chief, and members of Local 3139 will
be advised that they may make a voluntary individual contribution in such cases, on the
understanding that the decision to contribute is the responsibility of the individual
member. A maximum of one (1) day per month of accumulated sick leave, donated by
each member, is to be applied to the sick member credit.
(f) If an employee dies before retirement, one-half of the unused
accumulated days will be paid to his/her beneficiary, up to the maximum allowed by the
Municipal Act.
All firefighters hired after January 1St, 2004, must elect within 60 days of hire to be
covered by either Article 14.05 (The Annual Return Sick Leave Plan - Plan B) or
Article 14.06 (Municipal Funded Short Term Disability Plan - Plan C).
14.05 PLAN B . Annual Return Sick Leave Plan
(i) Eliaibilitv
(a) All existing employees at January 1, 2004 shall have the option of
remaining on their previous existing plan per 14.04 Plan A or switching to
this Annual Return Plan (Plan B).
(b) All existing employees as stated above shall be given a single opportunity
to switch plans and must put their request to change in writing to the Fire
Chief, copied to Human Resources. All employees hired after January 1,
2004 shall have the opportunity of enrolling in the Annual Return Sick Plan
(Plan B) or The Municipal Funded Short Term Disability Sick Leave Plan
(Plan C).
(c) All employees shall have completed five (5) vested years of continuous
service with the Corporation to be eligible for any return for accumulated
sick days.
9
(ii) Rate and Rules of Return
(a) Employees who have completed sixty (60) days employment will be entitled
to one (1) day per month accumulative sick leave, retroactive to date of hire
at his/her regular rate of pay.
(b) A sick leave day shall be calculated at the rate of 1/182 of the annual salary
as it applies to the individual employee.
(c) In order to receive the annual return for unused sick days, employees must
have forty (40) unused accumulated days in their sick bank.
(d) Employees not having the minimum forty (40) days in their bank shall
continue to use the portion of unused accumulated days needed to bring
them up to the required forty (40) days before being eligible for any return.
(e) Employees shall not be permitted to accumulate more than forty (40)
unused days in their sick bank after returns are paid, unless those
employees are awaiting their five (5) year eligibility date, at which time the
excessive days shall be paid out.
(f) Having met the criteria for eligibility, each employee shall be paid an
amount equal to exactly one-half (1/2) of their unused sick days not
required to top up to the 40 day base or contributed to the bereavement
fund from the prior calendar year at his/her regular rate of pay on the last
day of the year calculated to a lifetime maximum of 91 days. Payment is
subject to any statutory deductions that may be appropriate and paid
through the Municipal payroll.
(g) As soon as possible, upon resigning or retiring from employment, exactly
one-half (1/2) of remaining unused base of accumulated (maximum 40)
days shall be paid at his/her regular rate of pay on the last day of
employment, including those days remaining in the sick bank. Paid out as
a retiring allowance as appropriate.
(h) Employees may use vacation entitlement which may still be due them,
while absent because of illness when his/her sick pay is exhausted, or on
10
the approval of the Chief, the sick pay shall be interrupted in order that
vacation entitlement may be completed before the end of the year.
(i) In instances where a member is off sick due to injury or illness and does
not have sufficient days in his/her sick bank to fulfill the waiting time for
Long Term Disability, such information may be filed with the Chief, and
members of the Local 3139 will be advised that they may make a voluntary
individual contribution in such cases, on the understanding that decision
to contribute is the responsibility of the individual member. A maximum of
one (1) sick day per month of sick leave, donated by each member, is to be
applied to the sick bank of the deficient member.
(j) At the end of the Elimination Period in accordance with the L TD plan, all
sick leave claims are automatically referred to LTD.
(k) If an employee dies before retirement, one-half (1/2) of all unused vested
accumulated sick days will be paid to his/her beneficiary as soon as
possible, following the members death.
14.06 - PLAN C - Municipal funded Short Term Disabilitv Plan
(i) Eliaibilitv - This article applies to only firefighters hired after January 1S\ 2004
who elect within 60 days of beginning employment to be covered by this short-
term disability plan as set out below:
(a) The provisions of a short-term disability plan, on completion of a 60 day
eligibility period, is set out below:
(b) Length - 120 Calendar Days (Elimination period for L TO as set by
plan provider)
(approximately 56 working days)
(c) Coverage - 100% wages for the first 5 days of illness per year
_ 75% wages for the remaining days to LTD.
(d) Short term sick leave 100% wage provision will be pro-rated for eligibility
based on the date of hire and termination.
(e) If an employee is absent more than 56 working days, or L TD plan dictated
elimination period, on a continuous or related illness, the short term claim
will be automatically referred to the Long Term plan.
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(f) Application - First day of illness or non-compensable injury
(g) Top UP . from 75% to 100% on the sixth (6th) day
1. A maximum of 5 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 the 56 working days on anyone claim.
(h) No accumulation of unused sick days.
(i) If no sick days are used at the end of any calendar year, the employee will
receive two (2) day's pay. There will be no pro-ration of the (2) two days.
14.07 When claiming sick pay, an employee will, if re~uired to do so by the
Chief, promptly furnish a Doctor's certificate after the third (3' ) day of illness. The
Corporation retains the right to request a Doctor's certificate for less than three (3) days
illness if there is reason to believe the use of sick days is questionable. If a Doctor's
certificate is requested in these circumstances, the Corporation will pay for the
necessary certificate(s).
Note: It is agreed that firefighters will not be pressured to choose one plan over
another. It is further agreed that there will be no pressure in future negotiations
to change from choice of Sick Leave Options
14.08 Parentinq Leave
Leave for reasons of maternity or parenting shall be provided in
accordance with the terms of the Employment Standards Act and Unemployment
Insurance Act.
14.09 Fire Colleqe
Employees detailed to attend courses at the Ontario Fire College will be
paid $10.00 per day to a maximum of $50.00 per week.
14.10 Educational Courses
The Corporation shall pay full course fees to a member who is requested
by the Chief, or as requested by the member and approved by the Chief, to attend an
educational course(s). Requests for courses to be taken which will have a
budgetary impact, must be received by the Chief by October 1st of the year prior
to the course being taken.
ARTICLE 15 - VACATIONS
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15.01 Vacation entitlement shall be earned on the basis of employees'
accumulated length of continuous service as measured at their anniversary date of
employment with the Emergency and Fire Services and in accordance with the
following schedule:
YEARS OF SERVICE
VACATION WITH PAY
LENGTH OF
1 year of completed service
2 weeks
4 years or more of completed service
3 weeks
10 years or more of completed service
4 weeks
19 years or more of completed service
5 weeks
25 years or more of completed service
6 weeks
Vacation days are charged at 8.4 hours per day/42 hour per week as per the
current practice, for the sole purpose of calculating payroll.
15.02 Employees with less than one (1) year of service shall be entitled to
accrue vacation entitlement on the basis of one (1) day per month of service, to a
maximum of ten (10) working days. No annual vacation may be taken until the
employee has successfully completed sixty (60) calendar days of employment.
15.03 (a) Vacation scheduling shall be on a seniority basis. Requests must be
made prior to December 1 sl of the prior vacation year and seniority shall be applied
only within platoon/crew and station. Vacation requests that are not made prior to
December 1st must be applied before November 1st, but seniority only applies to
vacation requests made prior to December 1st. Summer vacation allotment shall be
distributed using a Prime Time three (3) month schedule, prime time months being
June, July and August. Each platoon member will be entitled to a two (2) week vacation
in prime time based on seniority.
(b) Once each platoon member has had two (2) weeks prime time vacation
approved by the Chief, the remaining prime time vacation time will be distributed on a
seniority basis providing the vacation request is made prior to December 1sl. Vacations
will be approved by the Fire Chief in accordance with adequate staffing of the
department.
15.04 In an exceptional circumstance, an employee will be eligible to carry over
one (1) week of vacation entitlement to the following year subject to the prior approval of
the Corporation.
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,
15.05 An employee who is admitted to hospital or confined to his/her residence
as a result of illness or injury occurring immediately prior to his/her scheduled vacation
may have his/her vacation rescheduled.
ARTICLE 16 - STATUTORY HOLIDAYS
16.01 The following days are recognized by the Corporation as Statutory
Holidays:
New Year's Day
Victoria Day
Civic Holiday
Thanksgiving Day
Boxing Day
Good Friday
Easter Monday
Canada Day
Labour Day
Christmas Day
Remembrance Day
One Floating Holiday
and any other holiday proclaimed by the Federal or Provincial
Governments.
16.02 (a) In lieu of time off on the above Statutory Holidays, each employee shall be
entitled to twelve (12) shifts off with pay. Lieu days are accumulated on a day for day
basis; i.e. one (1) lieu day is equal to one (1) full shift off. Observation of Statutory
holidays by Fire Prevention Staff and the Training Officer will be on the day it
occurs.
16.02 (b) Employees will be able to schedule their lieu days by the first of the month
prior to the month they intend to take the lieu day. If accumulated lieu days are not
scheduled by October 1st of the calendar year, the Chief will then designate the
schedules for which the lieu days shall be taken.
16.03 The time off referred to in Section 16.02 shall be scheduled by the Fire
Chief, after consultation with the employee concerned.
16.04 Scheduled lieu days may be cancelled by the Chief in the event of a
major emergency as defined under the Fire Protection and Prevention Act and may
be rescheduled at a later day in accordance with the normal scheduling practice.
ARTICLE 17 - HEALTH AND WELFARE BENEFITS
17.01 The Corporation agrees to pay the full premium cost of the following
benefits to employees who have completed sixty (60) days of employment with the
Corporation, in accordance with the terms and conditions of the master insurance
policies:
(a) Group life insurance based on two times (2x) salary to a maximum of
$175,000.00
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(b) Accidental Death and Dismemberment (AD&D) based on two (2x)
salary to a maximum of $175,000;
(c) Spousal Life Insurance: $20,000 plus $4,000 for each dependent child
(d) Extended health benefits, major medical benefits with prescription drug
plan and semi-private hospital coverage;
Coverage for Paramedical services to a maximum of $300 a year per
person per specialty upon Doctor referral, as required by the Policy.
Paramedical, as provided for in the plan, includes for example,
chiropractor, speech pathologist, massage therapist, osteopath,
podiatrist, chiropodist, and naturopath.
The parties agree to implement a warehouse maintenance drug
purchasing plan and generic drug dispensing unless otherwise directed by
a doctor.
(e) Prescription glasses to a maximum of $300.00 per person every two (2) .
policy* years;
* Policy year is defined as the timeframe set out by the plan
providers and it refers to 24 months from the date of use, not
calendar years.
(f) Dental plan equivalent to Blue Cross #9, major restorative, and
orthodontic for children. The O.DA Fee Schedule shall be the schedule
of the year prior to the current year;
Orthodontic services for dependent children with a fifty (50%) per
cent reimbursement to a maximum of $4,000 per lifetime.
Major services with an eighty (80%) per cent reimbursement to a
maximum of $1 ,000 per calendar year;
(g) Long Term Disability - commencing after 120 days at 70% of salary to a
maximum of $5000.00 per month to retirement.
Benefit changes should be effective the first of the month following the
date of ratification of the current collective agreement.
17.02 (a) In cases of absence due to illness or injury the Corporation will continue to
pay the premium cost of the employee's health and welfare benefits for up to twenty-
four (24) months from the first day of absence.
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(b) The Corporation shall maintain the existing conversion privileges on health
and welfare benefits for the duration of the contract in accordance with the provisions of
the master insurance plans of the Corporation.
17.03 The parties will participate in the Ontario Municipal Employees Retirement
Plan as provided by the Ontario Municipal Employees Retirement Systems Act.
17.04 (a) The normal retirement age for fire fighters shall be sixty (60) years of age
but nothing herein shall prevent an employee from retiring at an earlier age in
accordance with the provisions of the Ontario Municipal Employees Retirement
Systems Act.
17.04 (b) - RETIREE BENEFITS
Life, dental and extended health retirement benefits to age 65 provided:
1. Available from 1st day of retirement
2. All benefits terminate at age 65, any conversion options available under
any plan are the responsibility of the Member to investigate and
implement,
3. Employee must have 15 years of vested service
4. Employee must be in good standing* with the Municipality at the time of
retirement.
5. Employee must be at least 55 years of age, or;
6. Employees who qualify for early unreduced OMERS pension with 15
years of vested services will be eligible for benefits at age 50.
* Good Standing is defined as - An employee who, is not currently in
a litigation proceeding, or involved in a malicious act against the Municipality.
17.05 - WORKPLACE SAFETY AND INSURANCE BOARD
(a) An employee prevented from performing his/her regular work with the
employer, on account of an occupational accident that is recognized by the Workplace
Safety and Insurance Board and is 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
his/her regular net salary. Such payment shall be charged against and be limited to the
amount of accrued sick leave credits.
(b) In the event an employee is found not to be entitled to workers'
compensation payment, the Corporation will be entitled to full reimbursement of monies
paid to the employee by the Corporation by way of deduction of the appropriate amount
from the employee's subsequent earnings.
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17.06 EMPLOYMENT INSURANCE (E. I.)
It is agreed that the full employee's portion of any reduction in unemployment insurance
commission premiums resulting directly from E.1. approval of the existing indemnity plan
is included as part of the improved benefits contained in the Collective Agreement.
17.07 -
CANADA PENSION PLAN
The Municipality agrees to review the options available, if the legislation changes
which allows for increased contributions to CPP at the rate of 2.33%, during the
course of this agreement.
ARTICLE 18 - MILEAGE
18.01 (a) When an employee uses his/her own vehicle when directed from one
fire station to another or for any other fire department or Corporation business, he/she
will receive mileage for the distance traveled at the Corporation's prevailing rate.
(b) Transfers that are considered permanent, including any longer
than 30 days duration are not eligible for mileage reimbursement.
ARTICLE 19 - UNIFORMS AND EQUIPMENT
19.01 The Corporation shall supply all full.time fire fighters with the necessary
uniforms and safety equipment. All full-time fire fighters will be issued a full dress
uniform and an all weather jacket that will be replaced on a "as required basis, as
well as 3 work shirts, 2 trousers and 1 pair of safety shoes annually. Current
issue will be reviewed with the Association on an annual basis and any changes
shall be made after being mutually agreed to by both parties. New employees will
receive the full issue as soon as possible following their date of hire. The
requested issue, where approved, will be ordered as soon as possible following
budget approval.
19.02 A service bar shall be granted to a member for each five (5) year period of
employment with the Clarington Emergency and Fire Services.
ARTICLE 20 - TECHNOLOGICAL CHANGE
20.01 (a) At least ninety days (90) prior to the introduction or implementation of
substantial technological change or substantial changes in mechanization affecting
employees, the Corporation shall by written notice, furnish the Association with the full
information of the planned change or changes. Such prior notice shall contain relevant
17
information respecting the nature and degree of change and date or dates on which the
Corporation plans to effect the change; the location or locations involved.
(b) Within fifteen (15) days after the foregoing notice has been given, the
Corporation shall make disclosure to the Association of the effects of the change or
changes to an employee.
(c) Following the said disclosure, representatives of the parties shall meet
forthwith for the purpose of negotiating with a view to resolving any issues which may
concern the employment status of any employee.
(d) If agreement has not been reached within fifteen (15) days after disclosure
by the Corporation of the effects of the change or changes to any employee, either party
may submit any outstanding issue to a Board of Arbitration which shall be constituted in
the manner provided for by Part IX, Section 49 of the Fire Protection and Prevention
Act, as amended. The time limits provided in Part IX shall apply. The Board of
Arbitration shall have full remedial powers to deal with any unresolved issue.
(e) No change shall be made in the employment status of any employee
consequent upon the introduction or implementation of substantial technological change
or substantial changes in mechanization, until either the parties have reached
agreement through negotiation, or the Board of Arbitration constituted hereunder has
issued its award.
(f) The introduction of this Article should not be interpreted as a manning
clause.
18
.,
.
CLASSIFICATION Januarv 1, 2004 Jan uarv 1, 2005 Januarv 1, 2006
FIRE FIGHTER RATES Rate % 3.2% 3.2% 3.2%
~003 Rate 62,500
Captain I FPOfTraining Officer/Acting Captain' 115% 76,009 78,441 80,951
c;'?' .. ',", I ~,>
,.
1 st CLASS FIRE IFPI 100% 66,094 68,209 70,392
~nd Class FF/ FPI 90% 59,485 61.389 63,353
3rd Class FFI FPI 80% 52,876 54,568 56,314
Probation Fire Finhterl FPI 70% 46,266 47,747 49.275
DISPATCHER RATES
18 Months 73% 48,249 49,793 51,386
12 Months 69% 45,605 47,065 48,571
(; Months 68% 44,944 46,382 47,867
Start 63% 41,639 42,972 44,347
Actina Caotain Rate aoolicable when actina in that caoacitv onlv.
ARTICLE 21 - WAGES
WAGE GRID
FPO - Fire Prevention Officer
FPI - Fire Prevention Inspector
Evaluations for progression through the classifications will be conducted
annually in accordance with the procedures and criteria established in Articles 13.02,
13.03, and 13.04 prior to the employee's anniversary date.
(b) Fire fighters who are required by the Chief to perform the duties of a
higher rank (that being the rank of Captain or above) for a period of one hour or more
shall receive the rate of pay of the next higher classification for all hours so worked.
ARTICLE 22 - INDEMNIFICATION
22.01 The Corporation agrees to maintain public liability and errors and
omissions insurance coverage for damages and costs and legal expenses in
accordance with the prevailing Town 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 full-time fire fighters while acting in the course of their employment. The
19
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.
protection provided shall be governed by the terms and conditions of such insurance
policy.
ARTICLE 23 - LATERAL TRANSFER POLICY
23.01 An employee who has been injured and disabled while engaged in active
firefighting duties in the course of employment with the Municipality of Clarington, may
request a temporary transfer until he/she is able to return to active firefighting duties.
The Municipality shall consider such requests in accordance with its obligations under
the Ontario Human Rights Code. It is understood that such a transfer to light duty work
and any resulting reassignment shall not result in a wage adjustment for the affected
employees.
ARTICLE 24 - DURATION
24.01 This Collective Agreement shall remain in force and effect from January
1 s\ 2004 to December 31 st, 2006 and from year-to-year thereafter until replaced by a
new Agreement or award; provided however, that either party may terminate this
Agreement or indicate an intention to re-negotiate its provisions by providing notice in
writing to the opposite party not less than thirty (30) days and not more than forty-five
(45) days prior to the 31st of December, in the applicable year.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR
HANDS AND SEALS THIS 30th DAY OF April ,2004
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
THE CLARINGTON FIRE FIGHTER'S
ASSOCIATION
INTERNATIONAL ASSOCIATION OF
F~a LOCAL 3139
BOB McCUTCHEON, ASSOCIATION
PRESIDENT, LOCAL 31:-g
~
RON KLOSINSKI-CHAIRMAN, 3139
NEGOTIATING COMMITTEE
20
~/
'.
.
~'CK~~t~isuRER
AND MEMBER OF 3,~
NEGOTIATING C MrlTTEE
l I
~
TIM CALHOUN - MEMBER OF
3139 NEGOTIATING COMMITTEE
21
.~
<.
MEMORANDUM
OF UNDERSTANDING dated
October 16, 1995
22
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".
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LETTER OF UNDERSTANDING dated October 16, 1995
23