HomeMy WebLinkAbout2002-003
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002 - 03
Being a by-law to authorize the Mayor and Clerk to execute an agreement
between the Municipality ofClarington and the Canadian Union of Public
Employees, Local 74 (Inside and Outside).
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
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,
an agreement between the Municipality of Clarington and the Canadian Union of
Public Employees, Local 74 (Inside and Outside) for the term covering January
01,2002 to December 31,2004.
By-law read a first and second time this 14 day of January, 2002.
By-law read a third time and finally passed this 14 day of January, 2002.
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Expiry Date: December 31,2004
COI ,I ,F.CTIVR AGRF.RIVJF.NT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality")
OF THE FIRST PART
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THE CANADIAN UNION OF PUBLIC EMPLOYEES & ITS LOCAL 74
(hereinafter referred to as the "Union")
OF THE SECOND PART
In!lide Agreement
ARTICLE 1 - PURPOSE
1.1 The general purpose of this Agreement is to establish and maintain collective
bargaining 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.
ARTICLE 2 - SCOPE
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.
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ARTICLE 3 - NO DISCRIMINATION
3.1 The Municipality and the Union agree that there will be no discrimination,
interference, restriction or coercion exercised or practised by any of its representatives with respect
to any employee because of the employee's membership or non-membership in the Union.
ARTICLE 4 - NO COERCION
4.1 The Union agrees that there will be no intimidation, interference, restriction or
coercion exercised or practised 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.
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
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.
ARTICLE 6 - MUNICIPALITY RIGHTS
6.1
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, demote, 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.
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ARTICLE 7 - UNION SECURITY
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 Treasurer of 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.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 A grievance shall be defined as a written complaint regarding the interpretation,
application or alleged violation of the terms and provisions 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:
S1ep.J.
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. The
Department Head shall have five (5) working days to review the matter and respond in
writing to the parties concerned. Failing settlement, then:
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S1ep3
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 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.
ARTICLE 9 - ARBITRATION
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(l/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.
ARTICLE 10 - MANAGEMENT GRIEVANCES
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.
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A RTICI ,F. 11 - UNION COMMITTF.F.
11.1 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.
11.2 The Union shall advise the Municipality of the personnel serving on this committee.
11.3 a)
Compem:::Ition for T Inion 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.
b) The Union shall make every reasonable effort to comprise the Union Committee
with members from different departmental areas.
A RTICI ,F, 12 - SF.NIORITV
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."
ARTICLE 13 - PROBATIONARY EMPLOYEES
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. 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 at
any time for reasons deemed or considered by the Employer to be cause for termination.
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13.2 Upon successful completion of the probationary period, an employee's name shall
be placed on the appropriate seniority list and the employee's seniority shall date back to the
employee's last date of hire.
ARTICLE 14 - TEMPORARY EMPLOYEES
14.1 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.
It is agreed that the term "casual" means employment of intermittent and of short
duration.
14.2 A temporary employee who remains in the employ of the Corporation for longer
than eight (8) months within anyone 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.
14.3 Temporary employees shall be covered by the terms of the Agreement except for the
following: Articles 11, 12, 13, 15, 16, 17, 18, 19,22,23,24,25,26, Number 6 of Schedule "B" and
they shall not be entitled to Article 8 or 9 with respect to discharge or termination. Temporary
employees shall not be employed while regular employees are on layoff.
ARTICLE 15 - LOSS OF SENIORITY
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) consecutive months or more;
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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.
ARTICLE 16 - SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS
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.
c) It is expressly understood that management reserves the right to
transfer members of the Clerk I and Clerk II job classifications to any
Clerk I, Clerk II or Revenue Clerk I positions for a maximum period of
three (3) months, without having to consult the union.
ARTICLE 17 - SENIORITY APPLIED TO LAY-OFFS AND RECALLS
17.1 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 ofT, 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.
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17.2 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.
17.3 All employees shall be obliged to notify the Municipality in writing as soon as
possible of a change of address or telephone number.
17.4 No employee in the employ of the Municipality shall be laid off as the result of
contracting, leasing, assigning or conveying work to any other person or Employer.
ARTICLE 18 - TRANSFERS TO NON-BARGAINING UNIT POSITIONS
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 cany
this accumulated seniority, but will not be credited with seniority accumulated outside the unit.
ARTICLE 19 - JOB POSTING
19.1 a)
19.1 b)
19.1 c)
19.1 d)
19.2 a)
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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.
The Municipality reserves the right to advertise concurrently both inside and
externally, but agrees to only review/consider/interview qualified external
applicants after all qualified internal applicants have been advised that they do
not match the required criteria for the job.
As a courtesy to the Union, all non-union positions will be posted.
The successful applicant to a non-temporary job posting shall be subject to a
trial period of sixty (60) days worked. During that time, the employer may elect
to return the employee to the position from whence the employee came. In such
event, and all subsequent placements, the affected employees would be returned to
their prior classifications
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 two (2) 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.
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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. Only the original vacancy must be posted. Any subsequent
vacancy may be filled with an external applicant 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. 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 The Municipality shall notify the Union of the appointment of the successful
applicant within fifteen (15) days of the filling of the position.
ARTICLE 20 - LEAVE OF ABSENCE
20.1 The Municipality may grant leave of absence without payor without loss of the
employee's then accumulated seniority 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
period longer than thirty (30) days, the employee shall pay benefits in advance for that period leave
in excess of thirty (30) days.
20.2
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
payor 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 anyone 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) and 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.
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20.3 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 anyone (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 All requests for leaves of absence shall be in writing.
20.5 An employee on leave of absence may accumulate seniority only under above sub-
sections 20.2 and 20.3 and then only during the first three (3) months of a granted leave of absence.
20.6
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, parenta11eave or adoption
leave of absence.
20.7 P~t~mity J .~~v~
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.
20.8 Jury Duty
An employee called for jury duty or who is subpoenaed as a witness in any court,
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.
20.9 R~r~~v~m~nt J .e~v~
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, son or daughter, up to
five(5) consecutive working days;
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b) A father-in-law, mother-in-law, sister or brother, 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 travelling 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.
ARTICLE 21- FIRST-AID KITS
21.1 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 as specified by the Health & Safety Committee.
ARTICLE 22 - SAFETY PROVISIONS
22.1 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.
22.2 a)
An employee prevented from performing their regular work with the Employer on
account of an occupational accident that is recognized by the Workplace 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) 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.
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ARTICLE 23 - BENEFIT PLAN
23.1
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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)
Group Life Insurance based on two (2) times annual earnings to a maximum of
$125,000.00. Participation in the life insurance plan is compulsory for all
employees. 100%
Spousal Life Insurance: $20,000 plus $4,000 for each child.
100%
b) AD&D on the basis of two times (2x) earnings to a maximum of one hundred and
twenty-five thousand dollars ($125,000.00) 100%
c) Extended Health Benefits, Major Medical benefits with prescription drug plan and
semi-private hospital coverage. Coverage for massage therapy of $30 per visit
up to a maximum of $300 per year. 100%
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 will agree to meet following ratification to establish a maintenance drugs
list. +
d) Prescription glasses maximum three hundred dollars ($300.00) per person in any two
(2) policy years. 100%
e)
Dental Plan equivalent to Blue Cross #9, major restorative, and orthodontic coverage
for children with a fifty (50%) per cent reimbursement to a maximum of $4000.
The O.D.A. Fee Schedule shall be the schedule of the current year.
a. 8 units of scaling per year
b. Oral Hygiene Instruction once per year
c. Limited Periodontal Examination twice in any 12 month period with a 5
month separation between examinations.
d. Intra Oral radiographs and Bitewings once in every 12 month period. 100%
f) Long Term Disability Plan - 70% of wages to a maximum of two thousand, five
hundred ($2,500.00) dollars per month. 100%
The employee may elect to pay 100% of their own L TD premiums. 100%
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23.2 The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act.
23.3 Any changes to the benefits set out in Article 23.1 above shall be a matter of
negotiations between the parties except that the Municipality shall have the .right to designate the
carner.
23.4 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. Extended Health Benefits
coverage will continue for the duration of any long term disability claim.
23.5 It is agreed that the full employee's portion of any reduction in unemployment
insurance commission premiums resulting directly from D.I.C. approval of the improved weekly
indemnity plan is included as part of the improved benefits contained in the Collective Agreement.
23.6 The Municipality will continue to pay the premium cost of the employee's
health and dental 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.
23.7 The Municipality will pay 5W>>.Io of the prevailing normal membership rate at
the Courtice Community Complex Fitness Centre, for the employee only.
ARTICLE 24 - VACATIONS
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 ofless than one year
of employment in a calendar year
One working day for each completed month of
employment to a maximum of ten working days
calculated as of December 31 st of the year in which
employment commenced
In the calendar year of the 1 st
anniversary and each year thereafter
2 weeks
In the calendar year of the 4th
anniversary and each year thereafter
3 weeks
In the calendar year of the 10th
anniversary and each year thereafter
4 weeks
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In the calendar year of the 18th
anniversary and each year thereafter
5 weeks
In the calendar year of the 26th
anniversary and each year thereafter
6 weeks
24.2 New employees shall not be entitled to take vacation within the first six (6) months
of employment except by mutual agreement of the parties.
24.3 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 for the purposes of vacation preference shall only apply to the priority
request for vacation to a maximum of ten (10) consecutive days.
24.5 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.
24.6 For each week of vacation to which the employee is entitled, an employee will be
paid as vacation pay thirty-five (35) hours payor 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 the greater.
24.7 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.
24.8 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. Entitlement to vacation with pay will be pro rated
upon termination of employment.
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ARTICLE 25 - PAID HOLIDAYS
25.1 The Municipality agrees to pay employees for each ofthe 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
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
One Floating Holiday
1/2 Working day before Christmas and
1/2 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 25.01 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 25.01, 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 Art. 25.02 will be paid o~e 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 working 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.
Inside
- 16-
ARTICLE 26 - SHORT TERM SICK LEAVE PLAN
26.1 The provision of a short-term disability plan, on completion of the probationary period, is
set out below.
26.2
26.3 a)
26.4
26.5 (a)
Length - one-hundred and twenty (120) days
(equates to eighty-five (85) working days).
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
ten (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 and related
illness, the short term claim will automatically be referred to the long term plan.
Application - First day of illness or non-compensable injury.
from 75% to 100% on the sixth (6th) day.
from balance of any sick days banked.
Top TJp -
(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 the 85 working days
on anyone claim.
In no case shall more than five (5) vacation days be used to top up sick leave in any
calendar year.
26.6 No accumulation of unused sick days.
26.7 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.
26.8 (a)
bJside
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) 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.
- 17 -
(c) 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.
If the Municipality requests a second opinion from a doctor outside of the Region of
Durham, the Municipality will reimburse the employee for medical costs and
mileage related to the issuance of the doctor's certificate.
(d) No vacation days shall be used during sick leave absence except for the purposes of
26.5(b) above.
26.9 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.
26.10 Any employee who qualifies for sick leave pay, shall receive full pay so long as the
employee's credits last. However, bereavement leave shall not be charged to sick leave credits.
26.11 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.
26.12 Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
ARTICLE 27 - REIMBURSEMENT OF FEES
27.1 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.
ARTICLE 28-SCHEDULES
28.1 Attached hereto and forming part of the Agreement are:
Schedule "A" - Wages and Job Classifications
Schedule "B" - Hours of Work and Working Conditions
!JWde.
- ,
- 18 -
ARTICLE 29 - TERMINATION OR AMENDMENT
29.1 This Agreement will be effective from January 1st, 2002 until December 31st, 2004
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 27 DAY OF MARCH, 2002.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Insi.tl.e.
CANADIAN UNION OF PUBLIC
EMPLOY~ES AND S LOCAL 74
I .._,
~~~.
'.
II
- 19 -
Municipality of Clarington
INSIDE.COLLECTIVEAGREEMENT
Schedule" A "
WAGES AND JOB CLASSIFICATIONS
Jafluary1,2002-December31,20023.0% .11
.... ...... ..................2[]........... ......
............. '!ia"rt ........
... .... ....
1 Vacant 23,342 24,614 25,886 27,163
Hourly Rate 12.83 13.52 14.22 14.92
2 Vacant 24,582 25,929 27,275 28,679
Hourly Rate 13.51 14.25 14.99 15.76
3 Clerk I 25,832 27,173 28,580 30,064
Hourly Rate 14.19 14.93 15.70 16.52
4 Vacant 27,382 29,025 30,766 32,612
Hourly Rate 15.04 15.95 16.90 17.92
5 Clerk II 28,813 30,589 32,364 34,140 35,916
Permit Clerk Hourly Rate 15.83 16.81 17.78 18.76 19.73
Accounting Clerk I
Engineering Tech.1
Information/Communications Clerk
Purchasing Clerk
Parkina Enforcement Officer
6 Revenue Clerk I 30,565 32,452 34,336 36,222 38,107
Clerk IVCrossing Guard Co-Ordinator
Hourly Rate 16.79 17.83 18.87 19.90 20.94
7 Network Support Tech 32,452 34,336 36,222 38,107 40,181
Hourly Rate 17.83 18.87 19.90 20.94 22.08
8 Accounting Clerk II 34,392 36,551 38,679 40,803 42,933
Engineering Tech.1I Hourly Rate 18.90 20.08 21.25 22.42 23.59
Planning Technician
Graphics Technician
Operations Technician
Buyer 1
Building Inspector
9 Accountant 36,355 38,598 40,845 43,093 45,337
Plumbing Inspector Hourly Rate 19.98 21.21 22.44 23.68 24.91
Municipal Law Enforcement Officer
Engineering Tech.1II (Inspector)
Revenue Clerk II
10 Engineering Tech.1II 38,458 40,922 43,213 45,593 47,971
Hourly Rate 21.13 22.48 23.74 25.05 26.36
11 Network Analyst 41,035 42,882 44,811 46,828 48,235
Hourly Rate 22.55 23.56 24.62 25.73 26.50
12 Engineering Co-ordinator 43,907 45,291 46,676 47,662 48,650 50,434
Planner Hourly Rate 24.12 24.89 25.65 26.19 26.73 27.71
Construction Co-ordinator
G.I.S. Analvst
13 Vacant 46,761 48,163 49,609 51,097 52,630 54,209
Hourly Rate 25.69 26.46 27.26 28.08 28.92 29.79
14 Senior Planner
Engineering Serv.Supervisor 49,604 51,464 52,705 54,565 55,805 57,665
Hourly Rate 27.26 28.28 28.96 29.98 30.66 31.68
REVISED
March 20, 2002
- 20 -
f,
"
Municipality of Clarington
INSIDE..COLLEQTIVE..AGREEMENT
Schedule" A "
WAGES AND JOB CLASSIFICATIONS
Vacant 24,043 25,353 26,663 27,977
Hourly Rate 13,21 13,93 14,65 15,37
2 Vacant 25,320 26,707 28,093 29,539
Hourly Rate 13,91 14.67 15.44 16.23
3 Clerk I 26,607 27,988 29,437 30,966
Hourly Rate 14.62 15.38 16.17 17.01
4 Vacant 28,203 29,896 31,689 33,591
Hourly Rate 15.50 16.43 17.41 18.46
5 Clerk II 29,677 31,506 33,335 35,164 36,993
Permit Clerk Hourly Rate 16.31 17.31 18.32 19.32 20.33
Accounting Clerk I
Engineering TechJ
Information/Communications Clerk
Purchasing Clerk
Parkin Enforcement Officer
6 Revenue Clerk I 31 ,482 33,426 35,366 37,309 39,251
Clerk IVCrossing Guard Co-Ordinator
Hourly Rate 17.30 18.37 19.43 20.50 21.57
7 Network Support Tech 33,426 35,366 37,309 39,251 41,387
Hourly Rate 18.37 19.43 20.50 21.57 22.74
8 Accounting Clerk II 35,424 37,647 39,839 42,028 44,221
Engineering Tech.1I Hourly Rate 19.46 20.69 21.89 23.09 24.30
Planning Technician
Graphics Technician
Operations Technician
Buyer 1
Building Inspector
9 Accountant 37,446 39,756 42,071 44,386 46,697
Plumbing Inspector Hourly Rate 20.57 21.84 23.12 24.39 25.66
Municipal Law Enforcement Officer
Engineering Tech.1I1 (Inspector)
Revenue Clerk II
10 Engineering Tech.1II 39,612 42,149 44,510 46,961 49,410
Hourly Rate 21.76 23.16 24.46 25.60 27.15
11 Network Analyst 42,266 44,168 46,155 48,233 49,682
Hourly Rate 23,22 24.27 25.36 26.50 27.30
12 Engineering Co-ordinator 45,224 46,650 48,076 49,092 50,110 51,948
Planner Hourly Rate 24.85 25.63 26.42 26,97 27.53 28.54
Construction Co-ordinator
G.I.S. Anal st
13 Vacant 48,164 49,608 51,097 52,629 54,208 55,836
Hourly Rate 26.46 27.26 28.08 28.92 29.78 30.68
14 Senior Planner
Engineering Serv .Supervisor 51,092 53,008 54,286 56,202 57,479 59,395
Hourly Rate 28.07 29.13 29.83 30.88 31.58 32.63
REVISED March 20, 2002
<- .
- 21 -
Municipality of Clarington
:::::::::::::::::::j:j:j:jjjjjjjj]~~i,;~:::~liii~~mi,~~::i~iiii~lIj;::j::::j::::::::::::::::jjj:jjjjjj
Schedule" A "
WAGES AND JOB CLASSIFICATIONS
~iiiiiiiiiiiiiJiri~~iiid;;;iilQ.i:lligP:.iiliMfa:f\2.iiiiiiiiijll''-iiiiiiijiiiiJ
.;...;.;.;.;...................;. ........t................................................................j......................................................
iiiiilliiiii!!!i!ii!::::
Vacant
Hourly Rate
2 Vacant
Hourly Rate
3 Clerk I
Hourly Rate
4 Vacant
Hourly Rate
5 Clerk II
Permit Clerk Hourly Rate
Accounting Clerk I
Engineering Tech.1
Information/Communications Clerk
Purchasing Clerk
Parkin Enforcement Officer
6 Revenue Clerk I
Clerk IVCrossing Guard Co-Ordinator
Hourly Rate
7 Network Support Tech
Hourly Rate
8 Accounting Clerk II
Engineering Tech.1I Hourly Rate
Planning Technician
Graphics Technician
Operations Technician
Buyer 1
Building Inspector
9 Accountant
Plumbing Inspector Hourly Rate
Municipal Law Enforcement Officer
Engineering Tech.1II (Inspector)
Revenue Clerk II
10 Engineering Tech.1II
Hourly Rate
11 Network Analyst
Hourly Rate
12 Engineering Co-ordinator
Planner Hourly Rate
Construction Co-ordinator
G.I.S. Anal st
13 Vacant
Hourly Rate
14 Senior Planner
Engineering Serv.Supervisor
Hourly Rate
REVISED March 20, 2002
24,764 26,113 27,463 28,817
13.61 14.35 15.09 15.83
26,080 27,508 28,936 30,425
14.33 15.11 15.90 16.72
27,405 28,828 30,320 31,895
15.06 15.84 16.66 17.52
29,049 30,793 32,639 34,598
15.96 16.92 17.93 19.01
30,567 32,451 34,335 36,219 38,103
16.80 17.83 18.87 19.90 20.94
32,426 34,429 36,427 38,428 40,428
17.82 18.92 20.01 21.11 22.21
34,429 36,427 38,428 40,428 42,628 0
18.92 20.01 21.11 22.21 23.42
36,486 38,777 41,034 43,288 45,547
20.05 21.31 22.55 23.78 25.03
38,569
21.19
40,949
22.50
48,098
26.43
43,333
23.81
45,717
25.12
40,801 43,414 45,845 48,370 50,893
22.42 23.85 25.19 26.58 27.96
43,534 45,493 47,540 49,680 51,172
23.92 25.00 26.12 27.30 28.12
46,581 48,050 49,518 50,565 51,613 53,506
25.59 26.40 27.21 27.78 28.36 29.40
49,609
27.26
57,511
31.60
51,096
28.07
52,630
28.92
54,208
29.78
55,835
30.68
52,625
59,203
32.53
33.61
61,177
54,599
30.00
55,914
30.72
57,888
31.81
28.91
.. .. ,
- 22-
Schedule "A" (Continued)
1. 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.
2. 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 at the time of the transfer.
3. . 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.
4. 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.
5. Persons 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 ($500.00).
6. 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.
IJJ.Side.
": ...- .)
- 23-
I",dde Collective A~reement
Schedule "B"
HOURS OF WORK AND WORKTN~ CONDITIONS
1. HOHrs of Work
(a) The regular work week for all employees shall consist of five (5) seven (7) hour
days, from Monday to Friday inclusive. The regular work day shall be 8:30 a.m. to
4:30 p.m., with a one (1) hour unpaid lunch. Management reserves the right to
schedule regular work hours between 8:00 a.m. and 5:00 p.m. The employees
will co-ordinate schedules 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) The regular work week for Accounting Clerks - Operations shall be five (5) seven
(7) hour days, from Monday to Friday inclusive. The regular work day shall be
8:00 a.m. to 3:30 p.m. with one-half (112) hour unpaid lunch. The regular work
day for the Operations Technician shall begin between the hours of 7:00 a.m. and
8:00 a.m.
(c) The regular work week for all clerical positions located within the recreation
facilities shall consist of five (5) seven (7) hour days including Saturdays and
Sundays as may be required. The work schedule for these positions shall be
scheduled by the appropriate supervisor and shall be posted 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.
2. Overtime HOHrs of Work
(a) Authorized hours worked over and above seven (7) hours or thirty-five (35) hours
shall be paid for at the rate of time and one-half (1-112) the employee's regularly
scheduled rate of pay. Time off in lieu of overtime may be granted at a rate of one
and one- half (1-1/2) hours for each hour worked with the approval of the
Department Head.
(b) Where reasonably possible, overtime will be offered to employees who normally
perform the work.
(c) The Municipality shall pay double time for all hours worked on a Sunday except
where regularly scheduled.
Inside.
~ ... q.
- 24-
3.
r~11-0nt P~y
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 time period specified
above shall be considered as continuous. For calls which are 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. St~nclhy P~y
Any employee designated to standby duty during other than normal hours of work
will receive twenty dollars ($20.00) per day as standby pay. Any employee designated to standby duty on
the day the holiday actually falls will be paid fifty dollars ($50.00) per day as standby pay. 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. The employee must
be in a "fit" condition to perform their job duties - i.e. - no alcohol.
5. Me~l Allow~nce/Re~t Periocl~
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 ten dollars ($10.00).
b) Proper accommodation shall be provided for employees to have their meals.
c) An employee shall be permitted a rest period of fifteen (15) consecutive minutes in
each half shift.
6. Mile~ge
Employees required to use their own vehicles for business purposes will be
reimbursed at the rate of forty two cents (42c) per kilometer. Effective January 1,2003 - forty
four cents (44c) for all kilometers travelled for the Municipality. Effective January 1, 2004 -
forty five cents (45c) for all kilometers travelled for the Municipality. Mileage claims shall be
submitted to the Department Head on the first working day of each month and claims will be paid
to employees on or about the seventh (7th) day of each month. 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.
7. PeTI:on~l Protection Equipment
l1:1.si.ik.
. ..a ,)
Inside.
- 25 -
(a)
Employees are required to wear C.S.A. approved safety footwear which is
recommended by the Joint Health and Safety Committee and designated by the
Municipality. The cost of required safety footwear will be paid for by the
Municipality.
(b)
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)
The Municipality will issue to its employees such parkas and insulated overalls in
accordance with the appended Memorandum on Clothing Issue dated March 6,
1995.
(d)
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.
(e)
The quality of clothing and colour requirements will be the decision of the
Corporation.
(f)
Annual issue of clothing will be standardized as follows:
2 shirts or reflective T-shirts (long or short sleeve - employee choice)
2 pairs of work trousers
(the employee may select any combination required in any given year from the four
standard issue items)
1 pair regular overalls
On the first year of issue the employee will receive 3 shirts and 3 pairs of work
trousers.
(g) 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 own cost.
(h) Employees will be responsible for the care of all clothing issued by the
Municipality. Replacement of articles shall be provided when the old items are
turned in to the Department Head.
(i) An employee may elect to purchase any of the standard clothing over and above the
annual items issued by the Corporation.
G) 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.
.. .... <It -26-
(k) 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.
(1) All employees shall be required to wear C.S.A. approved safety hats, vests and
reflective clothing in accordance with the Construction Safety Act. C.S.A. approved
safety hats, vests and reflective clothing shall be supplied by the Municipality to all
employees.
(m) Temporary employees will not be provided with uniforms but will be required to
purchase the normal department issue and they must supply their own CSA
approved safety boots as a condition of the job.
(n) Probationary employees must purchase their own boots and be reimbursed at the
end of the probation.
8. Rlllletin Roard~ Po~ting Notice~
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.
9. Payment
Employees shall be paid bi-weekly.
10. Rrror~ and Omi~~ion~ Tn~llT3nCe
The Municipality agrees to maintain Public Liability and Errors and 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.
11. Profe~~ional Fee~
The Municipality agrees to reimburse employees the full cost of membership fees
of professional associations which are directly related to the employee's employment duties.
h:Jside
~
.,~,
Expiry Date: December 31, 2004
COT.T ,RCTTVF AGRRRMRNT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(hereinafter referred to as the "Municipality")
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 A~reement
ARTICLE 1 - PURPOSE
1.1 The general purpose of this Agreement is to establish and maintain collective
bargaining 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.
ARTICLE 2 - SCOPE
2.1 The Municipality recognizes the Union as the sole and exclusive bargaining agent
for all its employees, 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
ARTICLE 3 - NO DISCRIMINATION
3.1 The Municipality and the Union agree that there will be no discrimination,
interference, restriction or coercion exercised or practised by any of its representatives with respect
to any employee because of the employee's membership or non-membership in the Union.
ARTICLE 4 - NO COERCION
4.1 The Union agrees that there will be no intimidation, interference, restriction or
coercion exercised or practised 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.
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
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.
ARTICLE 6 - MUNICIPALITY RIGHTS
6.1
(1)
(2)
(3)
(4)
{)l1t~idp
The Union acknowledges that it is the exclusive function ofthe Municipality to:
Maintain order, discipline and efficiency and to make, alter, and enforce from time
to time reasonable rules.
Hire, promote, demote, 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.
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.
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.
3
!
ARTICLE 7 - UNION SECURITY
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 Treasurer of 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 ofthe 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.
ARTICLE 8-GRIEVANCE PROCEDURE
8.1 A grievance shall be defined as a written complaint regarding the interpretation,
application or alleged violation of the terms and provisions 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:
~
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:
S1ep2
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:
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i
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 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.
ARTICLE 9 - ARBITRATION
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 ofthe Arbitrator it appoints;
(2) One-half(1I2) ofthe 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.
ARTICLE 10 - MANAGEMENT GRIEVANCES
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.
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L
A RTICI ,E 11 - UNION COMMITTEE
11.1 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.
11.2
The Union shall advise the Municipality ofthe personnel serving on this committee.
11.3 a)
rompensHtion for T Inion rommittee
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.
b) The Union shall make every reasonable effort to comprise the Union Committee
with members from different departmental areas.
ARTICLE 12 - SENIORITY
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."
ARTICLE 13 - PROBATIONARY EMPLOYEES
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. 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 at
any time for reasons deemed or considered by the Employer to be cause for termination.
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13.2 Upon successful completion ofthe probationary period, an employee's name shall
be placed on the appropriate seniority list and the employee's seniority shall date back to the
employee's last date of hire.
ARTICLE 14 - TEMPORARY EMPLOYEES
14.1 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 ofthe temporary employment.
It is agreed that the term "casual" means employment of intermittent and of short
duration.
14.2 A temporary employee who remains in the employ of the Corporation for longer
than eight (8) months 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.
14.3 Temporary employees shall be covered by the terms of the Agreement except for the
following: Articles 11, 12, 13, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, Number 4 & 7 of Schedule
"B" and they shall not be entitled to Article 8 or 9 with respect to discharge or termination.
Temporary employees shall not be employed while regular employees are on layoff.
ARTICLE 15 - LOSS OF SENIORITY
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) consecutive months or more;
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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.
ARTICLE 16 - SENIORITY APPLIED TO PROMOTIONS AND TRANSFERS
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.
ARTICLE 17 - SENIORITY APPLIED TO LAY-OFFS AND RECALLS
17.1 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 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.
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17.3 All employees shall be obliged to notify the Municipality in writing as soon as
possible of a change of address or telephone number.
17.4 No employee in the employ of the Municipality shall be laid off as the result of
contracting, leasing, assigning or conveying work to any other person or Employer.
ARTICLE 18 - TRANSFERS TO NON-BARGAINING UNIT POSITIONS
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 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.
ARTICLE 19 - JOB POSTING
19.1 a)
19.1 b)
19.1 c)
19.1 d)
19.1 e)
19.2 a)
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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. 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.
In order to avoid po stings during the annual shutdown period, it is agreed that no
jobs shall be posted for Operations positions withing three (3) days of the
commencement of the annual sutdown.
The Municipality reserves the right to advertise concurrently both inside and
externally, but agrees to only review/consider/interview qualified external
applicants after all qualified internal applicants have been advised that they do
not match the required critieria for the job.
As a courtesy to the Union, all non-union positions will be posted.
The successful applicant to a non-temporary job posting shall be subject to a trial
period of sixty (60) days worked. During that time, the employer may elect to
return the employee to the position from whence the employee came. In such
event, and all subsequent placements, the affected employees would be returned to
their prior classifications
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.
9
However, temporary vacancies which are expected to exceed two (2) 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. Only the original vacancy must be posted. Any subsequent
vacancy may be filled with an external applicant. 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. 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 The Municipality shall notify the Union of the appointment of the successful
applicant within fifteen (15) days of the filling of the position.
ARTICLE 20 - LEAVE OF ABSENCE
20.1 The Municipality may grant leave of absence without payor without loss of the
employee's then accumulated seniority 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
period longer than thirty (30) days, the employee shall pay benefits in advance for that period leave
in excess ofthirty (30) days.
20.2
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
payor 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 anyone time;
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(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) and 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 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 anyone (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
All requests for leaves of absence shall be in writing.
20.5 An employee on leave of absence may accumulate seniority only under above sub-
sections 20.2 and 20.3 and then only during the first three (3) months of a granted leave of absence.
20.6
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 semonty 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.
20.7
P~temity T ,e~ve
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 ofthe birth of his child.
20.8
Tnry Dnty
An employee called for jury duty or who is subpoenaed as a witness in any court,
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.
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20.9
Rere::lvement T ,e::lve
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, son or daughter, up to
five(5) consecutive working days;
b) A father-in-law, mother-in-law, sister or brother, 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 travelling 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.
ARTICLE 21 - FIRST-AID KITS
21.1 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 as specified by the Health & Safety Committee.
ARTICLE 22 - SAFETY PROVISIONS
22.1 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.
22.2 a}
An employee prevented from performing their regular work with the Employer on
account of an occupational accident that is recognized by the Workplace 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.
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b) 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.
ARTICLE 23 - BENEFIT PLAN
23.1
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On successful completion ofthe 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 insurance plans which are not incorporated
into this Agreement.
a)
Group Life Insurance based on two (2) times annual earnings to a maximum of
$125,000.00. Participation in the life insurance plan is compulsory for all
employees. 100%
Spousal Life Insurance: $20,000 plus $4,000 for each child.
100%
b) AD&D on the basis of two times (2x) earnings to a maximum of one hundred and
twenty-five thousand dollars ($125,000.00) 100%
c) Extended Health Benefits, Major Medical benefits with prescription drug plan and
semi-private hospital coverage. Coverage for massage therapy of $30 per visit
up to a maximum of $300 per year. 100%
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.
d) Prescription glasses maximum three hundred dollars ($300.00) per person in any two
(2) policy years. 100%
e)
Dental Plan equivalent to Blue Cross #9, major restorative, and orthodontic coverage
for children with a fifty (50%) per cent reimbursement to a maximum of $4000.
The O.D.A. Fee Schedule shall be the schedule of the current year.
a. 8 units of scaling per year
b. Oral Hygiene Instruction once per year
c. Limited Periodontal Examination twice in any 12 month period with a 5
month separation between examinations.
d. Intra Oral radiographs and Bitewings once in every 12 month period. 100%
13
f) Long Term Disability Plan - 70% of wages to a maximum of two thousand, five
hundred ($2,500.00) dollars per month. 100%
The employee may elect to pay 100% of their own LTD premiums.
23.2 The Employer agrees to continue participation in the Ontario Municipal Employees
Retirement Plan as provided by the Ontario Municipal Employees Retirement Systems Act.
23.3 Any changes to the benefits set out in Article 23.1 above shall be a matter of
negotiations between the parties except that the Municipality shall have the right to designate the
carner.
23.4 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. Extended Health Benefits
coverage will continue for the duration of any long term disability claim.
23.5 It is agreed that the full employee's portion of any reduction in unemployment
insurance commission premiums resulting directly from u.I.e. approval of the improved weekly
indemnity plan is included as part ofthe improved benefits contained in the Collective Agreement.
23.6
The Municipality will continue to pay the premium cost of the employee's
health and dental 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.
23.7
The Municipality will pay 50% of the prevailing normal membership rate at
the Courtice Community Complex Fitness Centre, for the employee only.
ARTICLE 24 - VACATIONS
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 employment in a calendar year
One working day for each completed month of
employment to a maximum of ten working days
calculated as of December 31 st of the year in which
employment commenced
In the calendar year ofthe 1 st
anniversary and each year thereafter
2 weeks
In the calendar year of the 4th
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anniversary and each year thereafter
3 weeks
In the calendar year ofthe lOth
anniversary and each year thereafter
4 weeks
In the calendar year ofthe 18th
anniversary and each year thereafter
5 weeks
In the calendar year ofthe 26th
anniversary and each year thereafter
6 weeks
24.2 New employees shall not be entitled to take vacation within the first six (6) months
of emploYment except by mutual agreement ofthe parties.
24.3 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 for the purposes of vacation preference shall only apply to the priority
request for vacation to a maximum of ten (10) consecutive days.
24.5
Vacations may be scheduled anytime in the calendar year and every effort will be
made to post the schedule by March 31 st 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.
24.6 For each week of vacation to which the employee is entitled, an employee will be
paid as vacation pay thirty-five (35) hours payor 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 the greater.
24.7 An employee will be eligible to carry over up to five (5) days entitlement to the
following vacation year subject to the prior approval ofthe Municipality.
24.8 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. Entitlement to vacation with pay will be pro rated
upon termination of emplOYment.
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ARTICLE 25 - PAID HOLIDAYS
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
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
One Floating Holiday
~ Working day before Christmas and
1/2 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 25.01 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 25.01, 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 Art. 25.02 will be paid one and one-
half (I - 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 working 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.
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ARTICLE 26 - SHORT TERM SICK LEAVE PLAN
26.1 The provision of a short-term disability plan, on completion of the probationary period, is
set out below.
26.2 Length - one-hundred and twenty (120) days
(equates to eighty-five (85) working days).
26.3 a)
26.4
26.5 (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
ten (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 and related
illness, the short term claim will automatically be referred to the long term plan.
Application - First day of illness or non-compensable injury.
Top TJp -
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 the 85 working days
on anyone claim.
In no case shall more than five (5) vacation days be used to top up sick leave in any
calendar year.
26.6 No accumulation of unused sick days.
26.7 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.
26.8 (a)
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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
17
to
shorter period of absence and may request a second medical opinion.
(b) 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
umon.
( c) 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.
If the Municipality requests a second opinion from a doctor outside of the Region of
Durham, the Municipality will reimburse the employee for medical costs and
mileage related to the issuance ofthe doctor's certificate.
(d) No vacation days shall be used during sick leave absence except for the purposes of
26.5(b) above.
26.9 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.
26.10 Any employee who qualifies for sick leave pay, shall receive full pay so long as the
employee's credits last. However, bereavement leave shall not be charged to sick leave credits.
26.11 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 oflay-off.
26.12 Top-up related to ten-hour shifts used will be on the basis of "hour for hour"
accumulated.
ARTICLE 27 - REIMBURSEMENT OF FEES
27.1 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.
ARTTCT ,R 2R - SCHRDUT ,RS
28.1
Attached hereto and forming part ofthe Agreement are:
Schedule "A" - Wages and Job Classifications
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Schedule "B" - Hours of Work and Working Conditions
ARTICLE 29 - TERMINATION OR AMENDMENT
29.1 This Agreement will be effective from January 1st, 2002 until December 31st, 2004
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 27 DAY OF MARCH, 2002.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
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CANADIAN UNION OF PUBLIC
ENWLOYEES AND ITS LOCAL 74
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- 19 -
Municipality of Clarington
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................................ OUTSIDE AGREEMENT............ .......... .........
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Schedule" A "
WAGES & JOB CLASSIFICATIONS
"
U January 1,2002 - Decembet31,20023.0"lo
=== .....~~ ~~ rnths ._".
..... ......... .......... ............ ..... ....... ........
1 . Labourer
. Facility Operator I 14.22 14.97 15.76
. Building Services I
Annual Rate 29,580 31,132 32,785
2 Building Services II 14.91 15.70 16.53
Annual Rate 31,007 32,654 34,389
3
Light Equipment Operator 16.07 16.92 17.81 18.75 19.74
Facility Operator I
Annual Rate 33,423 35,195 37,037 38,998 41,053
4 Animal Control Officer 17.06 17.96 18.90 19.90 20.94
Heavy Equipment
Facilitv Operator II Annual Rate 35,478 37,353 39,305 41,383 43,55
5 Mechanic "A" 17.98 18.93 19.93 20.98 22.08
Annual Rate 37,397 39,374 41,454 43,634 45,91
6 Traffic Co-Ordinator 19.21 20.23 21.29 22.41 23.60
Leadhand
Leadhand Mechanic
Leadhand Horticulture
Sr. Animal Control Officer
Chief Operator (Arena)
Annual Rate 39,966 42,068 44,289 46,620 49,08
Notes:
2'
METHOD OF PAY:
Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday.
Incumbents at thirty-six (36) month level will not be restricted by future overall grid increases.
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.
PREMIUMS:
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. No Premium for Weekend Patroi evening or weekend shifts.
Facility Operators will receive a premium of $2.00 per hour above the classified rate for all hours worked on
shifts beginning between 3:00 p.m. and 6:00 a.m. and weekend shifts.
Building Services Employees will receive a premium of $1.00 per hour on weekend shifts and shifts beginning
between 3:00 p.m. and 6:00 a.m. when Municipal Administrative Centre/Library requires shifts be implemented.
FACILITY OPERATORS:
Facility Operators with valid Refrigeration "B" Certificates shall receive the Fadlity Operator II rate of pay.
Facility Operators will remain in the Facilities for a period of four (4) years from the date of hire.
Facility Operator II will not have wage rates reduced when transferred out of the facility.
Courtice chlorine designated employees @Jan.1,2002will retain this classification and remain at Code 3 rate
while working in Courtice Facility. Leaving Courtice for a non-temporary period, rate returns to F.O. 1, Code 1
3
4
5
6
7
8
9
10
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 loaderfor four (4) hours or more).
12
GENERAL:
The change in name of classification does not, in itself, speak to any issue regarding work assignment.
Revised
February 6, 2002
..
- 20 -
L
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Schedule" A "
WAGES & JOB CLASSIFICATIONS
l::::::::::]:I\iijii5f1~:::~.J@J)WiijMiit::I~r~~~tt:t:llj\%::::::::::::1
.................:.:.:.:::::illllll!iii!!iii!iiiiiiiiiiiiiiiiiiiiiiii!iiiiiiii!iiiiiiiiiiiiiiiiii!!iiiiiiil~!~!!!!!!i!i!i!i!i!i!i!ir::::::::::::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::::::::::::::I~!iiiiiiiiiiiilii_iiiiiiiiiiiii~~il~!ii
. Labourer
. Facility Operator I
. Building Services I
14.65 15.42 16.24
30.467 32,066 33,769
15.35 16.17 17,03
31,937 33,634 35,420
16.55 17.43 18,34 19.31 20,33
34,426 36.251 38,148 40,168 42,284
17.57 18,50 19.46 20.49 21.57
36,542 38.474 40.484 42,625 44 .863
18.52 19.50 20.53 21.61 22.74
38,519 40,555 42,698 44,943 47,296
19.79 20.83 21,93 23,09 24.30
Annual Rate
2 Building Services II
Annual Rate
3
Light Equipment Operator
Facility Operator I
Annual Rate
4 Animal Control Officer
Heavy Equipment
F acilit 0 erator II Annual Rate
5 Mechanic "A"
Annual Rate
6 Traffic Co-Ordinator
Leadhand
Leadhand Mechanic
Leadhand Horticulture
Sr. Animal Control Officer
Chief Operator (Arena)
Annual Rate
41,165
50,552
43,330
45,617
48,019
METHOD OF PAY:
Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday.
Incumbents at thirty-six (36) month level will not be restricted by future overall grid increases.
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.
PREMIUMS:
4 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. No Premium for Weekend Patrol evening or weekend shifts.
5 Facility Operators will receive a premium of $2.00 per hour above the classified rate for all hours worked on
shifts beginning between 3:00 p.m. and 6:00 a.m. and weekend shifts.
6 Building Services Employees will receive a premium of $1.00 per hour on weekend shifts and shifts beginning
between 3:00 p.m. and 6:00 a.m. when Municipal Administrative Centre/Library requires shifts be implemented.
FACILITY OPERATORS:
7 Facility Operators with valid Refrigeration "B" Certificates shail receive the Facility Operator iI rate of pay.
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 Facility. Leaving Courtice for a non-temporary period, rate returns to F.O. 1, Code 1
Notes:
2'
3
HEAVY EQUIPMENT:
11 Heavy Equipment: Grader, Gradail, Backhoe, Front-end Articulating Loader, Streetsweeper, Side Boom Mower (The
Operatorwiil be paid the heavy equipment rate when operating the loader for four (4) hours or more).
12
GENERAL:
The change in name of classification does not, in itself, speak to any issue regarding work assignment:
Revised
February 6, 2002
'-
- 21 -
( ,
Municipality of Clarington
rmGillB222lli8~t9I.l[SI~~1IMgffi]illilli]GillBmill
Schedule" A "
WAGES & JOB CLASSIFICATIONS
..........;t~#ij~iY';~Q94fi:)~~~mijif~1i.~Q(j4.. ..\$:;p% .........,
. Labourer
. Facility Operator I 15.09 15.88 16.72
. Building Services I
Annual Rate 31,381 33,028 34,782
2 Building Services II 15.82 16.66 17.54
Annual Rate 32,895 34,643 36,483
3
Light Equipment Operator 17.05 17.95 18.89 19.89 20.94
Facility Operator I
Annual Rate 35,459 37,338 39,293 41,373 43,553
4 Animal Control Officer 18.10 19.05 20,05 21.11 22.22
Heavy Equipment
Facilit o erator II Annual Rate 37,639 39628.09 41,698 43,903 46,209
5 Mechanic "A" 19.07 20.08 21.14 22.26 23.42
Annual Rate 39,675 41,771 43,979 46,291 48,715
6 Traffic Co-Ordinator 20.38 21.46 22.59 23.78 25.03
Leadhand
Leadhand Mechanic
Leadhand Horticulture
Sr. Animal Control Officer
Chief Operator (Arena)
Annual Rate 42,400 44,630 46,986 49,459 52,069
Notes:
METHOD OF PAY:
Employees shall be paid bi-weekly on Thursday for a pay period ending the previous Friday.
Incumbents at thirty-six (36) month level will not be restricted by future overall grid increases.
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,
PREMIUMS:
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, No Premium for Weekend Patrol evening or weekend shifts,
Facility Operators will receive a premium of $2.00 per hour above the classified rate for all hours worked on
shifts beginning between 3:00 p.m. and 6:00 a.m. and weekend shifts.
Building Services Employees will receive a premium of $1.00 per hour on weekend shifts and shifts beginning
between 3:00 p.m. and 6:00 a.m. when Municipal Administrative Centre/Library requires shifts be implemented.
FACILITY OPERATORS:
Facility Operators with valid Refrigeration "B" Certificates shail receive the Facility Operator II rate of pay,
Facility Operators will remain in the Facilities for a period of four (4) years from the date of hire.
Facility Operator iI will not have wage rates reduced when transferred out of the facility.
Courtice chlorine designated employees @Jan.1,2002will retain this classification and remain at Code 3 rate
while working in Courtice Facility. Leaving Courtlce for a non-temporary period, rate returns to F.O. 1, Code 1
2'
3
4
5
6
7
8
9
10
11
HEAVY EQUIPMENT:
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).
12
GENERAL:
The change in name of classification does not, in itself, speak to any issue regarding work assignment.
Revised
February 6, 2002
_. t, _1
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SCHEDULE "B"
HOURS OF WORK AND WORKING CONDITIONS
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 after ten (10)
hours in a day, forty (40) hours/week.
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 Control is excluded from this provision.
1. The normal hours of work shall be forty (40) hours per week as follows:
(1) Public Works Department - 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 (l/2) hour paid lunch
period. It is understood that employees will remain on site during the rest and lunch
periods.
(2) Facilities - shifts in the facilities shall continue as scheduled by the Facilities
Manager. Shift 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 ofthe Supervisor
(3) Animal Control- Five (5) consecutive eight (8) hour days, Monday through
Saturday. The normal day shift shall be scheduled between the hours of7:00 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 day of the
preceding month.
(4) Parks and Cemetery - five (5) consecutive eight (8) hour days, Monday through
Saturday. The normal day shift shall be scheduled between the hours of7:00 a.m.
and 8:00 p.m. No more than two employees will be required to work Saturday at
anyone time.
(5) (a) Building Services - Five (5) consecutive eight (8) hour days, Monday through
Friday. The normal shift shall be worked between the hours of7:00 a.m. and 9:00
p.m. as scheduled by the Property Manager. Except, however, 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.
Outside
'- 1, 1 ~
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(5) (b) Shifts will be implemented with the opening ofthe new facility, to
provide up to 24 hour weekend security/services coverage. The details of the
shifts will be worked out before the opening of the building, and a $1.00 shift
premium will apply to shifts beginning between the hours of 3:00 p.m. and
6:00 a.m. and weekends.
2. Overtime Hours of Works
Authorized hours worked over and above the eight (8) hour day shall be
considered as overtime and paid for at the rate of time and one-half (1.1/2) the employee's
regularly scheduled rate of pay. Time off in lieu of overtime may be granted at a rate of one and
one half (1-1/2) hours for each hour of overtime worked with the approval of the Department
Head.
(a) The Municipality shall pay double time for all hours worked on a Sunday except
where regularly scheduled.
(b) Where reasonably possible, overtime will be distributed equitably among the
employees who normally perform the work at the depots.
3. Call-Out Pay
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 time period specified
above shall be considered as continuous. For calls which are 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. Standby Pay
Any employee designated to standby duty during other than normal hours of work will
receive twenty dollars ($20.00) per day as standby pay. Any employee designated to
standby duty on the day the holiday actually falls will be paid fifty dollars ($50) per day
as standby pay. 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. The employee must be in a "fit" condition to
perform their job duties - i.e. - no alcohol.
Outside
~ -l J d'
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5. Meal AllowancelRest 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 Ten dollars ($10.00).
(b) An employee shall be permitted to a rest period of fifteen (15) minutes in each
half shift.
6. Mileage
Employees required to use their own vehicles for business purposes will be
reimbursed at the rate of forty-two cents (42c) per kilometer. Effective January 1,2003 - forty
four cents (44c) for all kilometers travelled for the Municipality. Effective January 1, 2004 - forty
five cents (45c) for all kilometers travelled for the Municipality. Mileage claims shall be
submitted to the Department Head on the first working day of each month and claims will be
paid to employees on or about the seventh (ih) day of each month. 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.
7. Personal Protection Equipment
(a) Employees are required to wear C.S.A. approved safety footwear which is
recommended by the Joint Health and Safety Committee and designated by the
Municipality. The cost of required safety footwear will be paid for by the
Municipality.
(b) 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) The Municipality will issue to its employees such parkas and insulated overalls in
accordance with the appended Memorandum on Clothing Issue dated March 6,
1995.
(d) 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 with the exception of By-Law Enforcement
Officers.
Outside
~ .i;r
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(e) The quality of clothing and colour requirements will be the decision of the
Corporation.
(f) Annual issue of clothing will be standardized as follows:
2 shirts or reflective T-shirts (long or short sleeve - employee choice)
2 pairs of work trousers
(the employee may select any combination required in any given year from the
four standard issue items)
1 pair regular overalls
On the first year of issue the employee will receive 3 shirts and 3 pairs of work
trousers.
(g) 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 own cost.
(h) Employees will be responsible for the care of all clothing issued by the
Municipality. Replacement of articles shall be provided when the old items are
turned in to the Department Head.
(i) The Municipality will maintain a supply of clean blue coveralls to be
available for use by those employees who service the Municipality's vehicles.
(j) An employee may elect to purchase any of the standard clothing over and above
the annual items issued by the Corporation.
(k) 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.
(l) 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.
(m) All employees shall be required to wear C.S.A. approved safety hats, vests and
reflective clothing in accordance with the Construction Safety Act. C.S.A.
approved safety hats, vests and reflective clothing shall be supplied by the
Municipality to all employees.
(n) Temporary employees will not be provided with uniforms but will be required to
purchase the normal department issue and they must supply their own CSA
approved safety boots as a condition of the job.
Outside
I:' ..~
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(0) Probationary employees must purchase their own boots and be reimbursed at the
end of the probation.
8. Bulletin Boards Posting Notices
The Municipality agrees to provide bulletin boards for each office building on which the
Union shall have the right to post notices of meetings, and other notices as may be of
interest to the employees subject to management approval
9. Classifications
(a) Higher Classifications
Employees required to work in a higher classification shall receive the higher rate for all
hours worked ifmore than four (4) per day.
(b) Lower Classifications
When an employee is detailed to relieve on a temporary basis for any period in a position
of lower rating, he shall maintain his regular rate of pay while so assigned.
10. Errors and Omissions Insurance
The Municipality agrees to maintain Public Liability, Errors and Omissions
Insurance coverage for damages and 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.
11. Professional Fees
The Municipality agrees to reimburse employees the full cost of membership fees
of professional associations directly related to the employee's employment duties.
Outside