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Home My WebLink AboutADM-05-03 ...' CI~-ilJglon REPORT ADMINISTRATION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SeptemberSlt1, 2003 11 Ot.U.N V9Pr -35'1 ~o3 Report #: ADM 05-03 File #_ By-law # Subject: Clarington Professional Fire Fighters Association 2000-2003 Collective Agreement Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADM 05-03 be received; 2. THAT Council approve the maintenance of the 18 month Dispatcher rate of 73% when promoted to the classification of Probationary Firefighter at 70%, to ensure no reduction in compensation results from the promotion; and 3. THAT staff be authorized to process the award of August 13, 2003, as outlined in this report and summarized in Attachment # 1 and Attachment #2. Submitted by: (J.~i -.:......~~ Franklin Wu, Chief Administrative Officer SS*FW*jip CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-3330 140 1 ~ REPORT NO.: ADM 05~3 PAGE 2 BACKGROUND, ANALYSIS AND COMMENT 1. History 1.1 The Clarington Professional Fire-fighters Association, Local 3139 is a relatively young Local having their first collective agreement in 1989. The collective bargaining relationship between the Clarington Professional Fire-fighters Association and the Municipality of Clarington has historically (since 1992) been that both sides have been forced to interest arbitration, except for the years 1993 to 1995 when the Social Contract Act intervened and in 1996 when a rollover agreement was negotiated. Interest arbitration is a replacement for the right to strike or lock out and is reserved for essential services. The interest arbitrator attempts to replicate, using the most accurate means available, the bargaining result which would have occurred had the parties been entitled to settle their dispute through strike or lockout. 1.2 In making a decision, the board of arbitration shall take into consideration all factors the board considers relevant, including the following criteria: 1. The employer's ability to pay in light of its fiscal situation 2. The extent to which services may have to be reduced, in light of the decision, if current funding and taxation levels are not increased. 3. The economic situation in Ontario and in the Municipality. 4. A comparison, as between the fire-fighters and other comparable employees, of the terms and conditions of employment and the nature of the work performed. 5. The employer's ability to attract and retain qualified Fire-fighters. 1.3 The current interest arbitration award was intended to deal with the two year contract years 2000, and 2001, however due to the date extending significantly beyond the normal two year term the award is effective until September 1, 2003. The focus at the interest arbitration, by both sides was in regards to criteria number 4 (Comparators). The Municipality proposed to buyout the current sick leave (accumulation of days with payout at leaving) plan, and to fully grandfather the existing members, which was in keeping with their regional counterparts. The sick leave proposal provided an opportunity for the existing employees to choose to continue under the current sick leave gratuity plan or to move to the Municipality's 1402 '- REPORT NO.: ADM 05-03 PAGE 3 plan of 75% wage continuance during until Long Term Disability, with new employees automatically placed on the new plan. The Association proposed 37 items which appeared to be "cherry picked" from other municipalities, and included wage parity with its regional brothers and various costly items, such as a "manning clause" and retiree benefits, which they did not receive. The Arbitration took piace in February 2002. For reasons unknown, it took 18 months for the award to come down. The Municipality worked co-operatively with the Association to fast track the award, and made every attempt to avoid arbitration, but it was to no avail. 2. The 2003 Interest Arbitration Award: 2.1 This award was succinctly summarized by the Municipality's nominee as: "This Award can be read as a supplemental to the previous Award dated December 23, 1999 which dealt with the same fundamentai linkage between sick-leave gratuity and wage rates." 2.2 For the years, 1997, 1998 and 1999, the same chair (Mitch nick) awarded a salary gap of $1590 behind the average wage of the firefighters regional comparators, to compensate for the fact that Ciarington Firefighters maintained their sick leave gratuity. 2.3 Once again, in the 2003 award, Arbitrator Mitchnick maintained a wage rate gap of approximately $1540 to $1600 for Ciarington compared to its regional counterparts. This Arbitration award confirms that the constant wage gap will be maintained untii the parties resolve the matter of sick-leave payout. In other words, until the Association agrees to the permit the introduction of the Municipality's sick leave plan. 2.4 The award is summarized in Attachment # 1 and Attachment #2. 3. ESSENTIAL CHANGES TO THE COLLECTIVE AGREEMENT: 3.1 Article 10.01 - Call-back: The previous language spoke to the use of part-time firefighters. With this deletion, there is some confusion as to whether or not Volunteers who are also Full-time firefighters would be entitled to receive one and a half times their rate of pay with a minimum of 3 hours. This creates difficulty in two respects. The fundamental basis of overtime is "authorized" thereby providing budgetary control, whereas if all existing 1403 .:.. REPORT NO.: ADM 05-03 PAGE 4 Full-time firefighters responded to part-time calls, they are doing so by "choice" thereby eliminating the element of approval. Ultimately the cost would be excessive. Secondly there would be a morale issue of paying one firefighter at full wages, to perform the same duties as the "volunteer" rate firefighter working side by side. The Association and Management both acknowledge the difficulty of dealing with issue and have agreed to review options to establish a way to call back full time firefighters separate from the volunteers, such as a pager system. This would provide further assurance of appropriate response and supplement to the existing volunteer force. 3.2 Article 14.01 - Association Days. There is no change in the overall number of days (6 paid, 6 unpaid) allotted to the Association, just how many members can use the days (3 versus 1). The Arbitrator added a provision to this Article: "If meetings with the Municipality are not able to be scheduled when one of the designated members is on shift, the rate of pay for attendance is time and one-half." It has been agreed that Association days are for courses/conferences. For grievance meetings which are conducted at the request of the Association, the Municipality will not pay. Meetings which benefit both sides, the Municipality agrees to pay the three Association executives at straight time. All meetings will attempt to be scheduled when at ieast one of the three executive members is on shift. Meetings that are called by the Municipality, Association members will be compensated at one and a half times their rate of pay if they are not on shift. The three hour minimum respecting payment for meetings will not be applied. 3.3 New - Mileage A new Article regarding Mileage was introduced into this Collective Agreement, which stipulates that mileage is to be paid when an employee uses hislher own vehicle when directed from one fire station to another or for any other fire department or Corporation business. This provision was taken away during the Social contract. It has now been given back. It is understood that the shorter distance of home or station, to location is applied to the reimbursement 1404 '- REPORT NO.: ADM 05-03 PAGE 5 3.4 Contracting Out The Arbitrator awarded a contracting out clause, which stipulates that contracting out is not permitted with the exception of current practices, emergency situations, and other events agreed upon by the parties intermittently. This is a new article, as the existing article dealt with layoffs. This article makes it imperative that any future negotiations dealing with such issues as centralized dispatch, require the agreement of the Association. 3.5 Wages The Arbitrator changed the wage rate and probationary structure for dispatchers and eliminated the class of 4th class firefighter. The Arbitrator also increased the wage rate of Captains, and Fire Prevention Officers from 112% to 115% effective January 1st, 2002. Article 3.02 is amended to recognize that dispatch service will provide credit towards a probationary Firefighter rather than a 4th class Firefighter. Therefore dispatchers will acquire the rank of 3rd class Firefighter one year sooner. Probationary dispatchers wage rate has changed from 61 % to the following: Start rate - 63% 6 Month rate - 68% 12 Month rate - 69% 18 Month rate - 73% The probationary Firefighter wage rate remains at 70%. However when a probationary dispatcher is promoted to probationary Firefighter, he will receive a decrease in his wage rate from 73% (18 month dispatch rate) to 70% (probationary Firefighter rate). Therefore it is recommended that council approve allowing a probationary dispatcher at the 18 month (73%) wage rate to maintain this wage rate (73%), when he is promoted to the rank of probationary Firefighter. 1405 '- REPORT NO.: ADM 05-03 PAGE 6 Wages awarded for a 1st class Firefighter are as follows: January 1 st, 2000 July 1st, 2000 January 1 st, 2001 January 1 st, 2002 January 1 st, 2003 September 1 st, 2003 - $56,034 - $57,034 - $58,795 - $60,532 - $62,405 - $62,500 For the rank of Captain they will have an 18% increase over 3 years. For first class and below they will have a 15% increase over 3 years. The effective increase is approximately 13% when considering the split application of the rate increase. The estimated overall cost to the Municipality included retroactivity payments will total approximately $875,000. 4. Area Municipality Comparison The following is the breakdown of the Regional fire comparators and the Durham Police, in terms of end rates: % Increase Difference compared MuniciDalitv End rate for first class over 3 vrs to Clarinaton Pickering $64,040 (July 1/03) 13.442% $1540 higher Oshawa $64,040 (July 1/03) 14.034% $1540 higher Durham Police $64,100 (Jan 1/03) 13.45% $1600 higher Whitby $64,050 (July 1/03) 13.75% $1550 higher Ajax $63,965 (Jan 1/03) 13.39% $1465 higher 5. Effective Date and Term All Changes are effective August 13th, 2003 (the date of the award) except for vision care (January 1st, 2003), probationary Fire-fighter, Dispatch, and Captain to 115%, are effective January 1st, 2002. Wage rates are effective January 1st, 2000. The duration of the contract is for the pperiod covering January 1, 2000 to December 31 , 2003. 6. Conclusion The Arbitrator concluded the award by noting that he hopes that both sides are now in a position to break the cycle and conclude the next round of 1406 ~ REPORT NO.: ADM 05-03 PAGE 7 bargaining on their own. Management has met with the Association to discuss this award and have asked that we set a date to exchange proposals. 1407 MUNICIPALITY OF ClARINGTON ARTICLE CATEGORY 10.01 Call.back 10.03 Training Time 14.01 Association Days ------ - -- --..- --- - -- -- -- EFFECTIVE DATE - August 13, 2003 Unless Specified August 13, 2003 -- 14.04 Sick Leave ,. Vacation 10 Time in Lieu New Retiree Benefits 17( 0) Vision Care New Service Pay New Mileage --- --- - -- -------- 22.01 Lateral Transfer Policy .. ~ C)l CO Rates Probationary Firefighter Rate!_ I:?ispatcher Rate ------ ----- ---- Rates January 1, 2002 Janu8_ry ~, 20_02 New 12.05 Captain ______00_ __ 1-__ Fire Prevention Officer Staffina Cont~~_cting Out -- Wage_s_ --- --- ~irst Class Fir_e Fighter __T~RM January 1, 20q?_ January .~, 2002 July 1, 20pO January 1,_2001 January 1,2gg~__ January 1,2003 September 1, 2003 JAN!JA_RY 1, 2000. RECEMBER 31, 2003 I ----- FIRE AWARD SUMMARY. AUGUST 2003 AWARD DETAILS Time 1/2 for all hours called back to full time duties, and Minimum 3 hours NO CHANGE Paid - 6 Days total, for 3 Members -- ---- - Unpaid - 6 additional days Meetings scheduled during shift of 1 Member, otherwise time 1/2 for attendance NO CHANGE 6 Weeks after 25 years completed service Employees option to accumulate time @ 11/2 each hour worked. Scheduling approved by Chief NO CHANGE $200 every 24 months I NO CHANGE Corporate rate for directed travel - station to station For any other authorized Fire or Corporate Business ATTACHMENT # 1 EXISTING I I" Comments Volunteer rate returning after Agree to develop terms w/Association for hrs_or Time 1/2 if replacing absent returning Full Time on separate call out system Fire Fiohter. for rate Ia) Time 1/2 Straight time. 1 Member 6 days Paid 16 Unpaid ---- ----- Accumulation 1 day/month with payout at retiremenVleaving 6 Weeks after 27 Years Accumulate at straight time. None $175 every 24 months No Policy No Policy Injury@ active firefighting - may request temporary transfer to position Transferred to Dispatch within Fire, or other position in Municipality if qualified No adjustment in wages during temporary tranSfe;:----- 4th Class Fire Fighter Class eliminated. -00--------- - After Probation Period (1 Year) move to 3rd Class FF Probation remains at 12 Months Amend Article 3.01 - 1 Year Dispatch ServiCe - 3 Months Credit towars! ProbatiQ!:l~rynFireF~Q~ter Rate - 2 Years Dispatch Service:::: 6 Months ------ ----- --- - 3 Years Dispatch Service:::: 9 Months ~!a_,=,______ 6_Ml?n!!!!i__n_ 12 Months 18 Months ___ 115 % First Class FF 63% 68% 69% 73% 71,875 @ Sept 1, 2003 $ NO CHANGE Exce t in eme!:~18f1cy, and continuing practice of Volunteer FirefiQhters,_I,I_"-IE:l~s:~9_I!l_ed, No wo~_~!:!~tomarily performed by employees covered under Colh30ive Agreement to be performed -bUy any other person -- $56,034 $57,034 $58,795 $60,532 $82,405 $62,SOO I After Probation move to 4th Class --- Fire Fighter Rate Currently relates to 4th Class FF credit EXisting Dispatch $34,266 63% _QfFirst Class F.F. $60. 918 E)(istinQ~~ptain Increase of 18%- No Existino Policy No Full time FF laid off as the _ _~~~t result of contractin9Qu~_of 3% Existing 2% 3% 3% 3% 0.2% End rate First _~Iass $54,391 increase 14.9% Agree to interpretation as follows: Joint Neaotiation Meetinas - 3 Members straight time/No Minimum Meetina called bv MuniciDalitv - 1 person on shift, - others paid at 1 & 1/2 ..__ Grievance Meetina - not paid__ Association Davs are for Assoc. Business Working at different station than assigned -- All distances shorter of from home to location or work to location. -- --- .,~ No adjustment of Dispatch wage from 73% down to existing Probation Fire Rate of 70% ------ --- -- - Effective increase 13% ,- ATTACHMENT#2 FIRE FIGHTER RATES - CLASSIFICATION Rate % Januarv 1. 2000 Julv 1, 2000 Januarv 1, 2001 Januarv 1, 2002 Januarv 1, 2003 September 1, 2003 11999 Rate 54.3911 Captain I FPO 115% I 64,439 65,589 67,614 69,612 71,766 71,875 1st CLASS FIRE IFPI 100% 56,034 57,034 58,795 60,532 62,405 . 62,500 2nd Class FFI FPI 90% 50,431 51,331 52,916 54,479 56,165 56,250 3rd Class FFI FPI 80% 44,827 45,627 47,036 48,426 49,924 50,000 Probation Fire Fighterl FPI 70% 39,224 39,924 41,157 42,372 43,684 43,750 DISPATCHER RATES Start 63% 35,301 35,931 37,041 38,135 39,315 39,375 6 Months 68% 38,103 38,783 39,981 41,162 42,435 42,500 12 Months 69% 38,663 39,353 40,569 41,767 43,059 43,125 18 Months 73% 40,905 41,635 42.920 44,188 45,556 45,625 -i::" o -..0