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HomeMy WebLinkAboutCOD-021-19Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 15, 2019 Report Number: COD-021-19 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: File Number: Andrew C. Allison, CAO By-law Number: Resolution#: GG-475-19 Report Subject: Fire Mediation Award for Collective Agreement 2018-2022 Recommendation: 1. That Report COD-021-19 be received for information. Municipality of Clarington Report COD-021-19 Report Overview Page 2 The Clarington Fire Fighters' Association Local 3139 Collective Agreement was subject to a Mediation/Interest Arbitration process for the term 2018 to 2022. The award is presented to Council for information. 1. Negotiations for the 2018 to 2022 Collective Agreement 1.1. The 2017 Collective Agreement with the Clarington Fire Fighters' Association Local 3139 expired on December 31, 2017. Negotiations began in September 2018 to enter into a renewal agreement. Meetings continued from September 2018 until May 31, 2019. 1.2. The Municipality's revised final offer was not accepted by the Association. The Association provided formal notice on June 10, 2019 that it had filed for mediation, the first step in the interest arbitration process. Two mediation sessions were held by the Ministry appointed Arbitrator Jasbir Parmar; July 23 and September 24, 2019. 1.3. Council was updated on the status of the negotiations on April 15, 2019 at the General Government meeting, through a confidential email on June 11, 2019 after notice was received from the Association of their intention to proceed to Mediation/Interest Arbitration, and after the conclusion of the mediation on September 24, 2019. 2. Award Details and Key Changes to the Collective Agreement Mediation 2.1. The key outstanding items referred to mediation and awarded are as follows: a) Health Spending Account (HSA): Members retiring after January 1, 2019 will be eligible for a HSA for medical or dental expenses up to $2,750 per year for ten years, from age 65 to 75. b) Accidental Death and Dismemberment, Death Due to Illness Insurance: The existing Accidental Death and Dismemberment (AD&D) insurance benefit, will be supplemented with an insurance covering two times the employee's annual salary for a line of duty death due to occupational disease as determined by the WSIB. This would be paid in addition to what WSIB provides for in presumptive illness claims, and in addition to life insurance under the normal benefit program. Municipality of Clarington Report COD-021-19 Page 3 c) DZ Licence Medical Reimbursement: Reimbursement will be made up to $100 for age based medical reports required by the Ministry of Transportation of Ontario (MTO) to maintain a DZ licence. d) Purchased Vacation: The existing clause permitting employees to purchase additional vacation days is reduced from ten days to five days per year. e) Probationary Step at 60% for 5th Class: The introduction of a new Probationary step to the probationary levels for categories on the wage grid at 60% of a First Class fire fighter wage. This will allow the Municipality to save approximately $40,000 over four years on the wages for new hires, while they start on the grid at the lower percentage, and then move through the grid based on time, until they reach the First Class wage level at 100%. The existing Probationary step for 4th Class is 70%. f) All items agreed to during negotiations form part of the overall award: The mediation award directs inclusion of the following items agreed to prior to mediation: i) Hours of Work: The Fire Prevention Officer position will work a five day work week, similar to the existing schedule for the Chief Fire Prevention Officer, rather than the four day, 10 hour work week applicable to the Prevention Division. This is considered to provide a better service level, having senior Prevention Officers available during the week. ii) Leave for Association Business: Minor change to allow the twenty- four days available for Association business to be utilized among the four designated members, versus the existing clause that split the twenty-four days equally among the four designated members. iii) Family Emergency Leave: An employee will be allowed two Family Emergency Days per year to be deducted from sick leave credits. iv) Health Benefits: Dispensing Fee Cap: $15 dispensing fee cap for prescription drugs Annual Deductible: Introduction of $15 for single and $30 single +1/family coverage, deductibles effective 2020. Paramedical services: Increased from $450 to $500, and $550 in 2022 per person per year for services including chiropractor, speech pathologist, osteopath, podiatrist, chiropodist, and naturopath. Massage Therapy: Covered to $750 (from $400) for registered massage therapy services. Municipality of Clarington Report COD-021-19 Page 4 Psychological Services: Up to $2,000 and $2,500 in 2021. This is considered as a positive move to support the recognition of Post - Traumatic Stress Disorder (PTSD) situations for first responders. Vision: $550, up from $500, and $600 in 2022, every two years. Dental: Major services increase from $1,250 up to $1,500 per year, maintaining the 80% reimbursement. Long Term Disability (LTD): Coverage up to $7,000 per month, up from $6,000. v) Wages — based on First Class Rate: January 1, 2018 1.9% $ 98,169 January 1, 2019 1.0% $ 99,151 July 1, 2019 1.2% $100,327 January 1, 2020 1.0% $101,330 July 1, 2020 1.0% $102,333 January 1, 2021 1.0% $103,356 July 1, 2021 0.9% $104,278 January 1, 2022 1.0% $105,321 July 1, 2022 0.9% $106,259 Captain % of First Class 118% January 1, 2020 Platoon Chief (PC) 128% July 1, 2019; 130% January 1, 2021 Chief Training / Prevention 130% January 1, 2022 vi) Term: January 1, 2018 to December 31, 2022. vii) Other changes to the Collective Agreement noted in the attached Award reflect changes to grid progression rates that are primarily housekeeping, or are operational changes that improve overall efficiency. 3. Financial Impact 3.1. The cost of the amendments to the Fire Fighters' Association Collective Agreement benefits and wages, as provided for in the mediation five year award is estimated as follows annually: Wages: Average annual increase $185,500 AD&D Supplemental Insurance $ 14,800 Standard Benefit Changes: Average based on current rates $ 50,200 Health Spending Account: In 2024 with first retiree/per year $ 2,750 Annual Savings from Deductible and Dispensing Fee cap: $2,600 estimated. Municipality of Clarington Page 5 Report COD-021-19 Estimated savings with 5t" Class for new hires: Beginning in 2020 with approximately three new hires due to retirements, estimated savings could be from $20,000 to $30,000 in total based on date of hire. 3.2. The Director of Finance has allocated appropriate amounts to the appropriate budget years for the retroactivity adjustments related to the Fire Fighters' Collective Agreement. 3.3. 3.3 Cost of the arbitration hearing for the Arbitrator was $13,559, which is split evenly between the parties at $6,779 each. 4. Concurrence This report has been reviewed by the Director of Finance for the implications of the financial elements in the award. 5. Conclusion It is respectfully recommended that this report be received for information, and the awarded changes to the Fire Fighters' Association Collective Agreement, be implemented at the effective dates identified. Staff Contact: Marie Marano, Director of Corporate Services/ HR, extension 2202 Attachments: Attachment 1 - Interest Arbitration (Mediation) Award by Jasbir Parmar 2018-2022 Interested Parties: There are no interested parties to be notified of Council's decision, as the Association was represented at the Hearing and is party to the award. IN THE MATTER OF AN INTEREST ARBITRATION PURSUANT TO THE FIRE PROTECTION AND PREVENTION ACT, 1997 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("the Municipality") - and - THE CLARINGTON FIRE FIGHTERS' ASSOCIATION, IAFF LOCAL 3139 ("the Association") ARBITRATOR: Jasbir Parmar, Chair On Behalf of the Municipality: Michael Kennedy, Counsel, Hicks Morley Hamilton Stewart Storie, LLP Lisa Wheller, Human Resources Manager Marie Marano, Director of Corporate Services/HR Gord Weir, Fire Chief Tim Calhoun, Deputy Fire Chief Bill Hesson, Deputy Fire Chief On Behalf of the Association: Jeffrey Sack, Counsel Bob McCutcheon, Advocate, Clarington Fire Fighters' Association Michael Kalita, President, CFFA Local 3139 Scott Snowden, Vice -President, CFFA Local 3139 Rob Gardner, Negotiations Committee Member Steve Buckingham, District 1 Vice President OPFFA This matter was heard on July 23 and September 24, 2019. -2- 1. I was appointed pursuant to the Fire Protection and Prevention Act, 1997 to determine the outstanding issues related to the renewal of the collective agreement between these parties, the previous agreement having expired on December 31, 2017. 2. The Municipality of Clarington has a population of approximately 92,000 people and is a part of the Durham Region. The Association represents the full-time fire fighters employed by the City. 3. While there were efforts made to reach a mediated resolution, ultimately it became apparent that an award would be required to resolve certain issues. 4. In making this decision on the outstanding issues, I considered the parties' submissions as well as all relevant factors, including those specifically referenced in section 50.5(2) of the Fire Protection and Prevention Act: 1. A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment. 2. A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities, including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities. 3. The economic health of Ontario and the municipality, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics. 4. The employer's ability to attract and retain qualified firefighters. 5. The interest and welfare of the community served by the fire department. -3- 6. Any local factors affecting the community. 2018, c. 17, Sched. 18, s. 5 (1). 5. The parties are directed to enter into a renewal collective agreement, with the term January 1, 2018 to December 31, 2022. The agreement is to consist of all the terms in the expired collective agreement with the following specific amendments: (a) All items previously agreed to by the parties during bargaining (attached): (b) Article 15.07 — Purchased Vacation: Amend: Change from 10 days to 5 days per year. (c) Article 17.01(b) - Accidental Death and Dismemberment (AD&D): Add ii): The existing AD&D benefit plan will be supplemented with a death insurance benefit, equal to two times (2x) the employee's annual salary payable in the event of a line of duty death due to occupational disease as determined by the Workplace Safety Insurance Board. There shall be no duplication of entitlement under the existing AD&D coverage. (d) Article 17.04(c) — Retirement M Post 65 Health Spending Account: Members retiring after January 1, 2019, will be eligible for an individual health care spending account (HSA). The HSA will be used to reimburse retired members for medical or dental expenses which meet Revenue Canada's definition of an allowable deductible medical or dental expense. -4- The amount of the HSA will be to a maximum of $2,750 per year for each individual eligible member and will be limited to the 10 years immediately following the retired members 65t" birthday. The eligible expenses of the member's eligible spouse at time of retirement may also be claimed against the HSA. In order to receive reimbursement from the HSA for eligible medical or dental expenses, the member will be required to submit original receipts. Members are eligible for the HSA if they meet the requirements for retiree benefits pursuant to Article 17.04 b) as applicable. Claims for reimbursement must be made first through the Ontario Health Insurance Plan (OHIP), the Ontario Drug Plan (ODP), or other such public insurance plan as may be applicable. Reimbursement will be provided for eligible medical or dental expenses to the extent those expenses exceed the coverage available from OHIP, ODP or other applicable public insurance plan. The Retiree HSA will be non -cumulative. There is no redeemable cash value. In the event that the eligible retired employees (and spouse when applicable) do not exhaust the maximum entitlement for the year, the balance cannot be carried over into the subsequent year. (e) Article 17.09 - Reimbursement of MTO required DZ license medicals Effective January 1, 2019, the Municipality will reimburse each employee that is required by the employer to maintain a DZ license, up to $100 to cover the cost of one mandatory medical examination to complete the Ministry of Transportation of Ontario (MTO) Medical Report at each age - based frequency as required by the MTO. The employee will be required to provide evidence of payment and to be eligible for reimbursement. f) Article 21.01 — Add a new Probationary step to the probationary levels in the Appendix 1 B — Wage Grid, at 60%. Any change in benefits (Article 17) will be effective November 1, 2019, or as expressly agreed to, or awarded. -5- 6. The Municipality shall make all reasonable efforts to ensure that salary rates are in place no later than October 31 and retroactive payments are issued no later than November 28, 2019. 7. 1 remain seized until the parties enter into a formal collective agreement. Dated this 26th day of September, 2019. "Jasbir Parmar" JASBIR PARMAR Sole Arbitrator The Corporation of the Municipality of Clarington and The Clarington Fire Fighters' Association, IAFF Local 3139 Renewal of Collective Agreement Expired as of December 31, 2017 The following represents items in agreement between the parties as of May 31, 2019. Article 3.02 — Delete (remove reference to reduced FF probationary period for dispatchers) Amend Article 3 to read: Article 3 Probation Article 6.03 — Change grievance response timing for the Fire Chief to 14 days from 7 days 6.03 Step 1 The Fire Chief, or in his/her absence, the Deputy Chiefs, shall respond to the grievance in writing within sever (7) fourteen (14) days after the grievance is submitted to him/her. Article 8.01 a) — Remove dispatch reference from hours of work Amend Article 8.01 a) to read: Article 8 Hours of Work 8.01 Regular hours of work under the current shift system for the following divisions: a) Dispatchers and fore f"T" Suppression staff: On average forty-two (42) hours per week as scheduled by the Chief. -7- Article 8.01 b) — Hours of Work for Fire Prevention Officer 5 days per week Amend Article 8.01 b) to read: Article 8 Hours of Work 8.01 Regular hours of work under the current shift system for the following divisions: a) Dispatchers Fire fighters on average forty-two (42) hours per week as scheduled by the Chief. b) Fire Prevention staff - 10 hours per day, from 0730 —1730 hours, 4 days per week, using an alternating two week pattern of Monday — Thursday and Tuesday — Friday, for a total of 40 hours per week. The Fire Prevention Officer and Chief �ee+er Fire Prevention Officer shall work a five (5) day week, for a total of 3-5 40 hours per week, inclusive of r, with a one hour paid lunch. c) Maintenance division staff — eight (8) hours per day, from 0700 —1500 hours, five (5) days per week for a total of forty (40) hours per week, with a one hour paid lunch. d) The Training division employees shall work, 10 hours per day, from 0700 —1700 hours, 4 days per week, using an alternating two week pattern of Monday — Thursday and Tuesday — Friday, for a total of 40 hours per week. The Benner Chief Training Officer position shall work a five (5) day week for a total of 85 40 hours per week, SGhedule with inclusive of a one hour paid lunch. Settlement Language: The vacant Fire Prevention Officer position shall be filled using existing Fire Prevention staff through a promotional process in accordance with Article 12 — Promotions. The total current staffing complement of the Fire Prevention division shall not be altered due to the refill of the Fire Prevention Officer position. The current practice and use of an Acting position in the absence of the Senior Fire Prevention Officer shall end. In the absence of the Senior Fire Prevention Officer the Fire Prevention Officer shall assume the responsibilities of the Senior Fire Prevention Officer position without extra compensation. There shall be no unreasonable delay in replacing a vacant Senior Fire Prevention Officer position due to the elimination of the Acting SFPO practice. The weekly hours of work for all Prevention, Training and Maintenance Divisions is 40 hours per week, inclusive of 1 hour paid lunch whereby employees must be able to respond should they be required as is the current practice. The daily hours of work for the current Chief Fire Prevention Officer and Chief Training Officer shall not change, except by mutual agreement between the Association and the Municipality. When refilling the CFPO and CTO positions, the Municipality may adjust the daily hours of work to provide greater supervision of other staff within the division. Article 13.01 a) — Association leave not restricted to 4 designated members Amend Article 13.01 to read: 13.01 Leave for Association Business a) Up to four (4) designated members of the Association will be allowed a total of c'� twenty-four (24) days eat with pay per calendar year to attend to Fire Association business provided that the Fire Chief is advised of the intended absence at least fourteen (14) days prior to the occasion and is able to adequately staff the department during the proposed absence at no additional cost to the Corporation. Settlement Language: The Committee list shall be provided to the Fire Chief annually and within 15 days of any subsequent changes. Article 13.02e) — Deferral of bereavement day confirmed as 1 day 13.01 e) An employee will be entitled to defer one (1) day bereavement leave where the arrangements, funeral or other rite are conducted on a future scheduled working day; Article 13.06 — Family Emergency Leave New Article 13.06 In case of sudden or unexpected illness of an immediate family member, as defined under the ESA, an employee shall be allowed two Family Emergency Days per year and to be deducted from sick leave credits. The Municipality retains the right to request reasonable verification for entitlement to the leave. Settlement Language: Personal Emergency Leave policy will be reviewed and amended to reflect Family Emergency Days. In accordance with ESA, if an employee takes leave, whether paid or unpaid, under the terms of their employment contract in circumstances for which the employee would also be entitled to take leave under the ESA, the employee is deemed to have taken their statutory leave. Article 14.03 - Delete Plan C - Municipal Funded Short Term Disability Plan Delete Article 14.03: a) The PrOVOSOORS of a short term disability plaR, OR GempletiOR Of -a _0 day ■ ■ as set by G) Coverage 00% wages for the first 5 days ef i"Ress per yeaf 7-50% wages fer the rernaiRiRg days te LTD. d) Short term SiGk leave 00% wage PrOVOSOOR will be pre rated fer eligibility based OR the date of -- ■ IiI M.M. WIN I o� Article 14.04 — Mandatory sick notes after 3 consecutive working days Amend Article 14.04 to read: 14.04 When claiming sick pay, an employee will, if requiFed to do so by the Chief, promptly furnish a Doctor's certificate after the third (3rd) consecutive day of illness. The Corporation retains the right to request a Doctor's certificate for less than three (3) days illness if there is -10- reason to believe the use of sick days is questionable. If a Doctor's certificate is requested in these circumstances, the Corporation will pay for the necessary certificate(s). Article 17.01 — Extended Health Benefit Improvements d) Extended health benefits, major medical benefits with prescription drug plan, inclusive of a $15 dispensing fee cap and semi -private hospital coverage; Annual deductibles of $15 (single coverage), $30 (single plus 1 and family coverage) effective 2020. Coverage for Paramedical services to a maximum of $450 $500, $550 (2022) a year per person per specialty upon Doctor referral, as required by the Policy. Paramedical, as provided for in the plan, includes for example, chiropractor, speech pathologist, osteopath, podiatrist, chiropodist, and naturopath. Registered Massage Therapy services shall be covered to a maximum of $750 per year effective 2020. Psychological Services to a maximum of $2,000, $2,500 (2021) e) Prescription glasses to a maximum of $500 $550, $600 (2022) per person every two (2) policy* years. Laser eye surgery one time 50% to a maximum of $1,000 per eye. g) Major services with an eighty (80%) per cent reimbursement to a maximum of $1,500 per calendar year. h) Long Term Disability — commencing after 120 days at 70% of salary to a maximum of $6,000 $7000 per month to retirement to a maximum of age NRA 60 or 65 as applicable, whichever occurs first; Article 17.04b )— New qualifier for retirement benefits Amend Article 17.04 to read: 17.04 Retirement: a) The normal retirement age for fire fighters shall be sixty (60) years of age but nothing herein shall prevent an employee from retiring at an earlier age in accordance with the provisions of the Ontario Municipal Employees Retirement Systems Act. b) Retiree benefits; life, dental and extended health retirement benefits to age 65 provided: 1. Available from 1st day of retirement -11- 2. All benefits terminate at age 65, any conversion options available under any plan are the responsibility of the Member to investigate and implement, 3. Employee must have 15 years of vested service 4. Employee must be in good standing* with the Municipality at the time of retirement. 5. Employee must be at least 55 years of age, or; 6. Employees who qualify for early unreduced OMERS pension with 15 years of vested services will be eligible for benefits at age 50. 7. Must not be receiving extended health benefits as the primary recipient from another employer * Good Standing is defined as — An employee who, is not currently in a litigation proceeding, or involved in a malicious act against the Municipality. Article 17.08 Survivor Benefits — 24 months for Health and Dental Amend Article 17.08 to read: 17.08 Survivor/Spousal Benefits Upon the employee's death during active duty or retirement, the employee's dependent survivors and/or spouse will continue to receive extended health benefits, major medical benefits with prescription drug plan, semi -private hospital coverage, dental benefits and vision care benefits until the earliest of: • The date they cease to qualify as insurable dependents; or • Twenty-four (24) months after the employee's death; or • The end of the month in which the surviving spouse remarries or attains age sixty-five (65). Article 21— Wages and Grid Progression Amendments 21.01 Appendix 1 attached contains the detailed wage grids as follows: January 1, 2018 1.9% - $98,169 January 1, 2019 1% - $99,151 July 1, 2019 1.2% - $100,327 January 1, 2020 1% - $101,330 July 1, 2020 1% - $102,333 -12- January 1, 2021 1% - $103,356 January 1, 2022 1% - $105,321 July 1, 2021 .9% - $104,278 July 1, 2022 .9% - $106,259 Captain to 118% effective January 1, 2020 Platoon Chief to 128% July 1, 2019, 130% effective January 1, 2021 Chief Training Officer and Chief Fire Prevention Officer to 130% effective January 1, 2022 Amend Article 21.01b) to read: b) Sepier Chief Training Officer {� (CTO) category to be positioned at the rate of 128%, 130% (2022) on the wage grid. When Article 12.09 b) of the Collective Agreement is exercised to fill a vacancy of the STO CTO category, the following wage progression shall apply. The successful candidate that did not meet the full qualifications will be placed at an appropriate rate within this grid in recognition of years of experience and rank. Start at 120%; 125% after thirty (30) months; 128%, 130% (2022) after sixty (60) months. Seeie Chief Fire Prevention Officer (SFPO) (CFPO) category to be positioned at the rate of 128%, 130% (2022) on the wage grid. When Article 12.09 b) of the Collective Agreement is exercised to fill a vacancy of the SFPO (CFPO) category, the following wage progression shall apply. The successful candidate that did not meet the full qualifications will be placed at an appropriate rate within this grid in recognition of years of experience and rank. Start at 120%; 125% after thirty (30) months; 128%, 130% (2022) after sixty (60) months. Settlement Language: Appendix 1 and all applicable areas of the renewal collective agreement shall be amended to reflect the following wages and differentials; and shall be retroactive for all employees that were employed by the Municipality during the applicable period. Article 22 — Rename Platoon Captain to Platoon Chief Amend Article 22.01 to read (Association Proposal Article 22 — Platoon SapfaiR Chief 22.01 There shall be one (1) Platoon Chief stationed at headquarters for each platoon in the suppression division. The Plateen Chief shal�cGe i 128%3n%C«7n first Glass wages -13- Article 26 — Duration Amend Article 26 to read: 26.01 This Collective Agreement shall remain in force and effect from January 1st, 2015 2018 to December 31st, =7 2022 and from year-to-year thereafter until replaced by a new Agreement or award; provided however, that either party may terminate this Agreement or indicate an intention to re -negotiate its provisions by providing notice in writing to the opposite party not less than thirty (30) days and not more than forty-five (45) days prior to the 31st of December, in the applicable year. Renew Letters/Memorandums of Understanding The parties agree to renew all letters of understanding and/or memorandums of understanding except the memorandum Re: Move from Prevention to Suppression, dated June 16, 2005.