the corporation of the town of oakville unifor 1256 - town hall...the union acknowledges that the...

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2018 - 2022

The Corporation of the Town of Oakville

and

Unifor 1256

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INDEX

ARBITRATION ........................................................................................................................................... 8

BENEFITS .................................................................................................................................................. 29

BEREAVEMENT LEAVE ......................................................................................................................... 11

DISCIPLINE AND DISCHARGE ............................................................................................................... 7

DURATION OF AGREEMENT ................................................................................................................ 39

ELECTION TO FEDERAL, PROVINCIAL OR MUNICIPAL OFFICE ................................................. 10

GENERAL .................................................................................................................................................. 37

GRIEVANCE PROCEDURE ....................................................................................................................... 5

HEALTH AND SAFETY ........................................................................................................................... 39

HOLIDAYS ................................................................................................................................................ 27

HOLIDAY SERVICE ................................................................................................................................. 13

HOURS OF WORK AND OVERTIME (MAINTENANCE) .................................................................... 19

HOURS OF WORK AND OVERTIME (TRANSIT DRIVERS) .............................................................. 12

JOB POSTINGS ......................................................................................................................................... 23

JURY DUTY .............................................................................................................................................. 10

LEAVE FOR UNION BUSINESS ............................................................................................................... 9

LEAVE OF ABSENCE ................................................................................................................................ 9

LOSS OF SENIORITY ............................................................................................................................... 22

MANAGEMENT GRIEVANCES ............................................................................................................... 6

MANAGEMENT RIGHTS .......................................................................................................................... 2

NO STRIKES AND NO LOCKOUTS ......................................................................................................... 2

PERSONAL LEAVE OF ABSENCE......................................................................................................... 11

POLICY/GROUP GRIEVANCE ................................................................................................................. 6

PREGNANCY/PARENTAL LEAVE ........................................................................................................ 10

PROBATIONARY EMPLOYEES ............................................................................................................. 34

PURPOSE ..................................................................................................................................................... 1

RATES OF PAY ......................................................................................................................................... 39

RECOGNITION ........................................................................................................................................... 1

RELATIONSHIP .......................................................................................................................................... 2

REPORT PERSON ..................................................................................................................................... 16

SENIORITY .............................................................................................................................................. 21

SERVICE IMPROVEMENT COMMITTEE .............................................................................................. 5

SPAREBOARD .......................................................................................................................................... 15

UNIFORMS AND SAFETY FOOTWEAR ............................................................................................... 34

UNION DUES CHECK OFF ....................................................................................................................... 3

UNION MEMBERSHIP AND REPRESENTATION ................................................................................. 3

VACATION - OPERATIONS.................................................................................................................... 23

VACATION - MAINTENANCE ............................................................................................................... 25

VACATION PAY AND ANNUAL VACATIONS ................................................................................... 23

SCHEDULE "A" RATES OF PAY ............................................................................................................ 41

SCHEDULE "B" CASUAL AND SEASONAL DRIVERS ...................................................................... 42

APPENDIX "A" LETTER OF UNDERSTANDING - CONTRACTING OUT........................................ 43

APPENDIX "B" LETTER OF UNDERSTANDING - EQUALIZATION OF HOURS ........................... 44

APPENDIX "C" LETTER OF UNDERSTANDING - SHUTTLE SERVICE .......................................... 45

APPENDIX "D" LETTER OF UNDERSTANDING - DISPUTE WITH BENEFIT CARRIER .............. 46

APPENDIX "E" LETTER OF UNDERSTANDING - PAID SICK LEAVE ............................................ 47

APPENDIX "F" LETTER OF UNDERSTANDING - LONG TERM DISABILITY ............................... 48

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APPENDIX "G" LETTER OF UNDERSTANDING - SPECIALIZED SERVICE AGREEMENT ......... 50

APPENDIX "H" LETTER OF UNDERSTANDING - NEW FACILITY MEETING ROOM ................. 51

APPENDIX "I" LETTER OF UNDERSTANDING - UNIT CHAIRPERSON ATTENDANCE ............. 52

APPENDIX "J" LETTER OF UNDERSTANDING - FINANCIAL SECRETARY ................................. 53

APPENDIX "K" LETTER OF UNDERSTANDING - TOOL LIST AND ALLOWANCE ..................... 54

APPENDIX "L" LETTER OF UNDERSTANDING - FULL-TIME PRESIDENT POSITION ............... 55

APPENDIX "M" LETTER OF UNDERSTANDING - APPENTICESHIP .............................................. 56

APPENDIX "N" LETTER OF UNDERSTANDING - SURVEILLANCE CAMERAS ........................... 58

APPENDIX "O" LETTER OF UNDERSTANDING - ACTING ASSIGNMENTS ................................. 59

APPENDIX "P" LETTER OF UNDERSTANDING - WOMEN'S ADVOCATE ..................................... 60

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THIS AGREEMENT made this 31st day of January, 2018

B e t w e e n:

THE CORPORATION OF THE TOWN OF OAKVILLE

Hereinafter called the "Corporation"

of the First Part

and

UNIFOR

AND ITS LOCAL 1256

Hereinafter called the "Union"

of the Second Part

WITNESSETH that in consideration of the mutual covenants and agreements

hereinafter contained, the parties hereto agreed as follows:

ARTICLE 1 - PURPOSE The purpose of this agreement is to establish mutually satisfactory relations between the Corporation and its employees to provide procedures for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of the Agreement. This Agreement shall be read with such changes of gender as the context may require.

ARTICLE 2 – RECOGNITION

(a) The Corporation recognizes the Union as the sole bargaining agent of all

employees of the Corporation employed in its Transit Department

save and except the Department Head, Manager, Planner/Analyst,

Transit Scheduler, Supervisor Admin Services, Technical Stores Rep,

Maintenance Supervisor, Transit Supervisor, Supervisor, Demand

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Response Services, Control Centre Supervisor, Application Support

Technician, Work Order Technician, Transit Business Systems

Coordinator and all persons above the rank of Supervisor, and all office

staff and employees of the Corporation covered by other Unions and/or

Locals for matters such as wages and working conditions including care-

A-van Coordinator, Customer Service Representative, Revenue

Control Clerk, Operations Clerk. If the parties are unable to reach

agreement on the wage rate for a new classification within the

bargaining unit, the matter may be referred to arbitration. The arbitration

decision will determine the wage rate and any retroactive pay

entitlement.

(b) Maintenance Supervisor, Transit Supervisors and other management

personnel will not perform work which normally falls within the bargaining unit, except for training purposes and emergency situations or to such an extent that it will cause the layoff of any employee within the bargaining unit.

ARTICLE 3 - MANAGEMENT RIGHTS The Union acknowledges that the Corporation has and shall maintain the exclusive right to manage its business and direct its operations in all matters which are not specifically restricted by the terms of this agreement.

ARTICLE 4 - RELATIONSHIP 4.01 There shall be no discrimination by the Corporation or the Union against any

employee in accordance with the Ontario Human Rights Code. 4.02 It is agreed that Union activities will only take place during working hours, on the

premises of the Corporation, with the permission of Management. 4.03 The Corporation and the Union recognize that a Respectful Conduct Policy is in

place. 4.04 Where the term “spouse” or “partner” is used in this agreement, it shall also mean

same-sex spouse or partner including, but not limited to pension and benefits.

ARTICLE 5 - NO STRIKES AND NO LOCKOUTS 5.01 The Union agrees that it will not cause or sanction a strike during the term of this

agreement.

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5.02 The Corporation agrees that it will not cause or sanction a lockout during the term

of this agreement. 5.03 The words "strike" and "lockout" shall be as defined in The Ontario Labour

Relations Act, as amended from time to time.

ARTICLE 6 - UNION DUES CHECK OFF 6.01 During the term of this agreement, the Corporation agrees to deduct an amount

equal to the monthly Union dues, initiation fees and assessments as outlined in the constitution of Unifor from the pay of all employees covered by this agreement after thirty (30) days of employment and submit this amount, together with a list of all employees from whom deductions were made, to the address specified by the Union, no later than the fifteenth (15th) of the month following the month in which deductions were made and a list of all employees from whom deductions were made also submitted to the Local Unit Chairperson.

6.02 The Union must provide written notice of any change in the amount of monthly

dues and request for assessment deductions to the Director of Human Resources at least thirty (30) days prior to the date on which such change is to take place.

ARTICLE 7 - UNION MEMBERSHIP AND REPRESENTATION 7.01 All present and future employees must become and remain Union members. 7.02 (a) The Corporation agrees to recognize the following Union representatives

who will act as Stewards:

Unit Chairperson - 1 Alternate Unit Chairperson- 1 Drivers - 3 Maintenance personnel - 3

The alternate Unit Chairperson will act as the Unit Chairperson, providing

adequate notice is provided to Management prior to the Unit Chairperson's absence.

(b) The Corporation shall also recognize three (3) designated alternates in the

case of absence of any of the above that must be identified by name at the same time that the permanent Stewards are named.

7.03 Four (4) members as defined in 7.02 (a) being, the Unit Chairperson, the

alternate Unit Chairperson, one member from Operations and one member of

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Maintenance personnel to act on the Union Negotiations Committee, Grievance Committee, and the Labour/Management Committee.

7.04 Employees appointed or selected to serve on the Union's Negotiations

Committee shall suffer no loss of wages as a result of their attendance at direct negotiations with the Corporation.

7.05 Stewards shall be allowed to leave their work without loss of basic pay to attend

to Union business on the following basis:

(i) Such business must be between the Union and the Corporation.

(ii) A Union Steward shall obtain the permission of their immediate supervisor before leaving work. Such permission shall not be unreasonably withheld.

(iii) The Corporation will not compensate representatives, Stewards or

members of the Union for time spent at arbitration proceedings.

(iv) Subject to the exigencies for the service, wherever possible meetings involving discipline, grievances, Labour/Management and Grievance Settlement Officer meetings will be scheduled during regular employee working hours.

7.06 (a) The parties agree to establish a Labour/Management Committee, the

purpose of which will be to discuss problems of mutual concern. There will be no more than three (3) members each from labour and management.

(b) The Labour/Management Committee shall concern itself with the following

general matters: (i) Constructive criticism of all activities so that better relations shall

exist between the Corporation and its employees;

(ii) Improving and extending services to the public;

(iii) Questions of working conditions and service and conditions causing misunderstandings (but not grievances);

(iv) Making recommendations to the Union and/or Corporation

relating to any of the above. (c) The Committee shall meet at mutually agreeable times. Its members shall

be given advance notice of the meetings and agenda. Members of the

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Committee shall not suffer any loss of pay for time spent with the Committee. No more than three (3) months shall elapse between meetings.

When Committee members attend Labour/Management meetings or a

grievance at any step, will be compensated at the applicable rate of pay for a minimum of one hour or more.

7.07 SERVICE IMPROVEMENT COMMITTEE

The Committee will meet for one day, four times each year to discuss issues and make recommendations regarding routes and stops, service, facilities, infrastructure and to provide input into future development of services. The committee shall consist of two union members, and two members of management. Union members shall suffer no loss of pay for the time spent attending the committee meetings.

7.08 The Corporation agrees to provide the union with a lockable filing cabinet and a

private confidential voice mailbox.

ARTICLE 8 - GRIEVANCE PROCEDURE 8.01 Where a difference arises between the parties relating to the interpretation,

application or administration of this agreement, including any question as to whether a matter is arbitrable, where an allegation is made that this agreement has been violated or whenever an employee claims that they have been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the "grievance", the grievance procedure set forth below shall apply.

8.02 No grievance shall be considered where the circumstances giving rise to it

occurred or originated more than seven (7) working days before the filing of the grievance.

8.03 The employee, in all steps, shall be confined to the grievance and redress sought

as set forth in the written grievance as filed in Step 2. 8.04 The time limits fixed in the grievance procedure herein may only be extended by

mutual consent of the parties to this agreement.

Step 1 The employee with or without a Steward, will take up the complaint orally with the Manager. The Manager will give a decision within five (5) working days. The above is excluding weekends and holidays.

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Step 2 Failing satisfactory settlement of the complaint, a written grievance may be filed by the Union representative to the Director of Oakville Transit within seven (7) working days of the Manager decision, the written grievance shall state the section or sections of this agreement, allegedly violated, and signed by the grieving employee. The Director of Oakville Transit shall meet to discuss the grievance with the employee and a member of the Grievance Committee and respond in writing to the employee with a copy to the Union representative involved, within five (5) working days following receipt of the grievance at step 2. Step 3 If the reply at Step 2 is not acceptable to the Union, the Chairperson or in their absence the Alternate Chairperson of the Grievance Committee shall submit the grievance to the CAO/Town Manager or designate within five (5) working days after the written decision of the Director. The CAO/Town Manager may refer the matter to the Director of Human Resources, or their designate, who shall meet with the Union Grievance Committee within seven (7) working days of receipt of the grievance. A written reply to the grievance will be given to the Unit Chairperson, with a copy to the employee within five (5) working days of the meeting. A Unifor National Representative will be present at this meeting.

Should both Parties deem it appropriate a matter may be referred to mediation.

8.05 POLICY/GROUP GRIEVANCE

(a) A Union policy grievance, which is defined as an alleged violation of this agreement, concerning all or a substantial number of employees in the bargaining unit of the drivers or maintenance group, in regard to which an individual employee could not grieve, may be lodged by the Chairperson or Alternate Chairperson of the Grievance Committee in writing to the Director of Oakville Transit at Step 2 of the grievance procedure at any time within five (5) working days after the circumstances giving rise to the grievance having occurred, or originated, or ought reasonably to have been known to the Union. If it is not satisfactorily settled it may be processed to Step 3 and to arbitration in the same manner and to the same extent as the grievance of an employee.

(b) To avoid the necessity of processing numerous grievances concerning the same

subject or event, the Corporation will recognize group grievances provided that each aggrieved employee signs the grievance and that the grievance is properly filed and lodged by the Chairperson or Alternate Chairperson to the Director of Oakville Transit at Step 2 of the grievance procedure.

8.06 MANAGEMENT GRIEVANCE

Any grievance instituted by management, which is defined as an alleged violation of this agreement, may be referred in writing to the Unit Chairperson within seven working days of the circumstances, giving rise to the grievance having occurred,

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and a meeting shall be held within five (5) days of the filing of the grievance. If final settlement of the grievance is not completed within five (5) working days of this meeting, the grievance may be processed to arbitration.

8.07 DISCIPLINE AND DISCHARGE

No employee shall be disciplined or discharged except for just cause.

8.08 An employee may be discharged and their employment with the Corporation shall terminate for any condition listed below;

a) They are discharged and such discharge is not reversed through the

grievance procedure.

b) They are away from work without permission for more than three (3) consecutive working days without notifying the Corporation within this period and without reasonable cause, unless otherwise determined through the grievance or arbitration procedure.

8.09 (a) (i) In any interview involving the consideration of suspension or

discharge of an employee who has completed the probationary period, a Union Steward will be present except where the Employee waives such right at that time and in the presence of the Union representative and Management.

(ii) In a fact finding interview between an employee and Management

it is agreed that an employee may elect to have a Union Steward present, providing the interview deals only with fact-finding and does not deal with disciplinary action or allegations. Where an employee feels that such a meeting is going beyond fact-finding information and the manager is not remaining neutral, the employee may elect to ask the meeting to be halted until a Steward may attend.

(iii) An employee may elect to meet with their Union representative

should such request be made prior to disciplinary action being taken.

(b) Disciplinary action, where required, will be applied as soon as reasonably

possible, but in any event will be applied not later than ten calendar days following written notification that disciplinary action is being taken.

(c) A copy of any written disciplinary action, suspension or dismissal notice

shall be provided to the Unit Chairperson provided that this action is not in violation of the Municipal Freedom of Information and Protection of Privacy Act.

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(d) All entries on an employee's record relating to complaints, Maintenance

Supervisor or Transit Supervisor's letters, or Manager’s or designates letters and discipline letters will be destroyed after two years from the date of entry. The Union and the employee will be informed in writing of all such entries to an employee's record.

(e) Any grievance over disciplinary action shall be submitted at the Step

appropriate to the level of supervision from which the disciplinary action was administered.

(f) Any employee may request to review their personnel file and such review

will be accommodated in the Human Resource Office within twenty-four (24) hours of the request or Departmental Employment Record with such review taking place at the Division office within twenty-four (24) hours of the request being made to the Operations Manager. The file is the exclusive property of the Corporation and will not be removed from the Human Resource Office or Division Office. An employee may request a copy of one or more documents contained in the file, provided the request is not for most or all documents contained therein.

ARTICLE 9 - ARBITRATION 9.01 a) Both parties agree that a grievance which has been properly carried through

all steps of the grievance procedure as outlined in Article 8 and which has not been settled, and which has not been referred to mediation may be referred to Arbitration provided that such request must be received by the CAO/Town Manager or their designate not later than ten (10) calendar days after a decision has been rendered at Step 3 of the Grievance Procedure. Such request will also be addressed to the other party of this agreement. The matter will proceed to arbitration before a sole arbitrator.

b) Where a matter is referred to mediation and no settlement is achieved, the matter may be referred to Arbitration provided that such request must be received within ten (10) calendar days after the mediation is concluded.

9.02 Within five (5) working days of receipt of the request by either party for a hearing, an Arbitrator shall be selected from the following permanent panel of arbitrators in rotation, and both parties shall equally share the costs.

Louisa Davie, Rick MacDowell, Ian Hunter, Richard McLaren

9.03 No matter may be submitted to arbitration, which has not been properly carried

through all the earlier stages, provided for in this Agreement.

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9.04 Any Board of Arbitration appointed hereunder shall deal only with the matter in dispute and shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions, or to give any decision or award inconsistent with the terms and provisions of this Agreement.

9.05 In the case of arbitration referring to discipline or discharge, the arbitrator may

direct any suitable arrangement deemed to be just and equitable under the circumstances, except that the arbitrator shall not be empowered, if the employee is reinstated, to change the length of such employee's seniority because of their discipline or discharge.

ARTICLE 10 - LEAVE OF ABSENCE 10.01 LEAVE FOR UNION BUSINESS (a) (i) Subject to the need to maintain the approved level of service,

leave of absence Union paid and without loss of seniority or benefits shall be given to two (2) employees covered by this agreement to attend Union conventions, elections, education or training courses provided such leave does not exceed a total of forty-five working days for the bargaining unit in a calendar year, and provided that a request for such leave is made at least seven calendar days in advance of the date the leave is required, except in extenuating circumstances. Such requests shall not be unreasonably denied.

(ii) Members of the Negotiating Committee shall be allowed reasonable Union paid Leave of Absence (U.P.A.) from their duties for the purpose of conducting necessary business of the Local Unit pertaining to negotiations, subject to the following provisions:

a) such leave does not exceed a total of twenty four (24) working days for the Committee in the calendar year in which negotiations take place and;

b) such request is made at least forty eight (48) hours in

advance to permit rearrangement of work assignments, such requests shall not be unreasonably denied.

The request for the Union paid leave of absence (U.P.A.) forms

must be signed by the Unit Chairperson. Such form will constitute due authorization for payroll to invoice the Union's Financial Secretary, who will then refund the Corporation.

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(b) The Company agrees to pay into a special fund three (3) cents per hour per employee for all regular hours worked for the purpose of providing paid education leave. The company shall deduct one (1) cent per regular hour worked per employee from their regular pay cheque. Such leave will be for upgrading the employee skills in all aspects of trade union functions. Such monies to be paid on a quarterly basis into a trust fund established by the National Union, Unifor, effective from date of ratification, and sent by the company to the following address: Unifor Leadership Training Fund, Unifor – PEL Training Fund, 205 Placer Court, Toronto ON M2H 3H9

(c) The Transit department will provide three (3) bulletin boards in mutually

satisfactory locations within the department, which will be available for the Union in posting notices of Union activities. All such notices must be signed by the proper officers of the Union.

(d) An employee selected or elected for a full-time position with Unifor, the

Local Union, the Canadian Labour Congress, or the Ontario Federation of Labour shall be granted a leave of absence without pay or benefits, but without loss of seniority, for a period of up to three (3) years and every year thereafter upon written request. Seniority may be applied on return to the bargaining unit, subject to the employee meeting the full licensing, certification and health requirements to perform the duties of the position.

10.02 ELECTION TO FEDERAL, PROVINCIAL OR MUNICIPAL OFFICE

An employee nominated and/or elected to a federal, provincial or municipal office shall be granted leave of absence without pay or benefits, subject to the statutory limitations applicable to municipal employees seeking and holding office.

10.03 PREGNANCY/PARENTAL LEAVE Pregnancy/Parental leave shall be granted, without loss of seniority in

accordance with the Employment Standards Act. 2000, as amended from time to time.

10.04 JURY DUTY AND WITNESS

An employee who is summoned for jury duty or as a witness for the Crown, or as a witness in any matter arising from their employment with the Corporation, will be compensated for earnings lost on receipt of a certificate of attendance. If any employee is summoned as a witness for the Corporation and also for the Crown when on vacation, the employee will be granted an extra day(s) off as vacation. Compensation will be based on the regular scheduled hours at their regular rate of pay for the day(s). Any monies received for their attendance shall be remitted

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to the Corporation. Any travel allowance or expenses paid to the employee, other than compensation, may be retained by the employee.

10.05 BEREAVEMENT LEAVE

In the event of the death of an employee's spouse, parent or child or stepchild, an employee on permanent staff shall be allowed up to five (5) days leave of absence with pay in order to make arrangements for, or to attend the funeral. In the event of the death of an employee's stepparent, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian, an employee on permanent staff shall be allowed up to three (3) days leave of absence with pay in order to make arrangements for, or to attend the funeral. In the event of the death of an employee’s Aunt, or Uncle, an employee on permanent staff shall be allowed one (1) day leave of absence with pay. An employee will not be eligible to receive payments for any period in which they are receiving other payments, in the form of sick benefits or W.S.I.B. Leave of absence granted for bereavement leave will be applied against the ten (10) days’ Emergency Leave entitlement as set out in the Employment Standards Act, 2000, as amended from time to time.

10.06 PERSONAL LEAVE OF ABSENCE (a) The Corporation may grant a leave of absence without pay, but with

benefits, not to exceed thirty (30) calendar days for legitimate personal reasons. Seniority will accumulate during personal leave.

(b) Any leave of absence request submitted for either the a.m. or p.m. portion

of a split, if approved, will result in the full shift being forfeited.

Any leave of absence request submitted for any part of an eight (8) hour shift, if approved, will result in the full shift being forfeited.

Any request involving exceptional circumstances, for instance, an

appointment with a specialist or some other critical event that cannot be arranged outside the employee’s shift, will be dealt with individually. Such requests must clearly state the reason.

(c) Any personal leave of absence in excess of thirty (30) calendar days will

result in an adjustment to seniority.

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(d) An employee who is granted a leave of absence in excess of thirty calendar days will be given the option of continuing the benefits plan at their own expense for the duration of the leave by contacting the payroll department.

ARTICLE 11 - HOURS OF WORK AND OVERTIME (TRANSIT DRIVERS) 11.01 (a) For permanent full time drivers, the normal hours of work shall be within

the range of thirty-eight to forty-two hours (38 to 42 hrs.) in any calendar week in accordance with the shift schedules designed by the Corporation to meet the approved service levels of the system.

(b) For permanent full-time drivers the normal number of days to be worked

in any seven day calendar week shall not be more than five (5).

(c) Subject to the need to maintain the approved level of service, the Transit

Department will make every attempt to provide two (2) consecutive days

off in any seven day calendar week.

(d) (i) Every attempt will be made to post a new sign-up board at least seven

(7) days before sign-up starts so drivers may review the new board, with one set of provisional draft sheets made available in the drivers room.

(ii) A sign up will be conducted for each board period throughout the year.

On any given day during the sign up period one-third (1/3) of the driver workforce will be required to sign up, and such sign-up will take place as follows:

It is the driver’s responsibility to sign-up on their specified sign-up date.

All Drivers are required to submit to the Operations Clerk or on duty

Transit Supervisor, not less than one hour prior to the start of sign up of the employee’s sign up day, a selection slip made available by the Corporation, identifying their top fifteen (15) choices in order of preference. In the event none of their choices are available at the time their name is called to sign up then the Driver will be assigned a work week based on the default priorities they have indicated on their slip . Drivers attending the sign up will be allowed five 5 minutes to choose their work once their name has been called. In the event a Driver does not attend the sign up and fails to submit a selection slip they will be signed up on the shift, by the Union Steward, taking into consideration the drivers past selection history, earliest finish time and consecutive days off. To allow all Drivers the opportunity to review the

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boards the sign up will run on every other day until the sign up has been completed.

(iii) The Corporation will provide a calendar of scheduled sign-ups for the

following year by December 15th . Sign-up boards shall be as follows:

January 2nd Last week of February

First week of March Last week of April

First week of May Last week of June

First week of July Last week of August

First week of September Last week of November

First week of December December 24th

December 25th January 1st

When service levels are decreased during the Christmas and New year period there will be a corresponding increase in vacation and single day approved leaves. The December Board will include special day and week sign-ups as required by the variations in service associated with the period. It is understood that the reductions in service will not result in a lay-off of the membership.

(iv) Full time 40 hour and less than 40 hour drivers shall indicate on the

January sign up selection slip their intention to work either 40 hours or less than 40 hours for the following year. Driver’s shall be placed in the status of their choice based on availability and seniority.

(v) Holiday Service —The Corporation, the Union and the employee

recognize that service to the public is essential and, therefore, agree it shall be necessary that sufficient qualified drivers work on the holidays, referred to herein, to permit satisfactory operations. All sign ups for the holidays will be conducted at the same time as the board sign up in which the statutory holiday falls. All work will be selected on the basis of seniority. If sufficient drivers do not sign to cover the work available, the work will be assigned in the following order: seasonal drivers, as defined in Schedule B; casual drivers; less than 40 hour drivers; starting with the lowest seniority in each category.

(e) (i) No scheduled split shift shall have more than one unpaid break.

(ii) Any segment of a split shift with a value of less than 2 hours will now be paid at a 2 hour minimum.

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(f) One exchange of shifts and one shift giveaway, between two drivers of the same classification status within the current board, will be allowed per week with management approval. Such exchange may be for a single shift and/or a full week and will be applied equitably to all employees within their position and classification. These exchanges may be made providing twenty-four hours’ notice is given and no overtime is created or paid as a result of such change. Where a shift giveaway occurs with a driver who is on a normal day off (NDO) the driver in receipt of the NDO will not be eligible to work a shift on that date. Shift changes with any open shifts will not be allowed.

(g) On sign-up board periods when a driver becomes absent, their work

week will remain open until their return.

11.02 (a) Time and one half (overtime) the regular rate of pay will be paid for any hours worked in excess of forty (40) hours in any week.

(i) Drivers who do not put their name in the book requesting extra hours

will not be paid at the overtime rate for any time in excess of the 12.5 hour spread. The hours worked will be added to the week and time and one half will be paid on hours worked in excess of forty (40) hours only.

Drivers who do put their name in the book for extra hours and is asked to work extra hours, then time and one half of the regular rate of pay will be paid on hours worked in each calendar day in excess of the 12.5 hour spread.

(ii) If employees’ shifts are so scheduled that there is a period of less than

eight hours between the end of their shift which commenced on one (1) day, and the start of their next shift on the following day, time and one half will apply to all hours worked within such eight hour period.

(b) When an offered shift or piece of work is refused the driver will be charged for the offered hours.

Drivers who restrict their availability will, when possible, be accommodated. However, if a larger shift was available the driver may be charged for the difference in hours.

(c) There is no pyramiding of overtime.

11.03 The order of offering open work will be made in the following order: Spareboard Drivers, full-time drivers scheduled for less than forty (40) hours per week; casual, seasonal drivers who have completed 500 hours (seasonal drivers at the end of the season return to zero) and then full-time drivers scheduled for

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forty (40) hours a week. If a driver reaches forty (40) hours offered during any given week, the extra hours will be offered based on total hours offered to date for the current board period.

11.04 Spareboard (a) A spareboard will be established. The number of signed positions will be determined by considering operational requirements and the available staff. Spareboard drivers will be guaranteed forty (40) hours pay in any given week. (b) With the implementation of spareboard and vacation swing, the corporation will recognize the intent of equalization in their calculation of the required spareboard complement by considering the ability of less than forty (40) hour full time drivers to work up to 40 hours per week at straight time. (c) All known open work will be pre-detailed on the Spareboard, and the same shall be posted by 3:00 p.m. the preceding day. Known open work will be offered first to the drivers with their name in the book until 8 PM. All open work after 8 PM shall be assigned at management’s discretion. (d) Spareboard positions will be numbered in sequence beginning with the number 1 and will have off days shown at the time of selection. (e) All known open work will be pre-detailed to Spareboard Drivers as follows:

i) If the number of Spareboard Drivers and open shifts are equal, work

will be detailed by the earliest finishing times regardless of shift

values. In the event the shift is less than 7.5 hours the Spareboard

Driver will be assigned additional hours to at least 7.5 hours.

ii) If there is more open work available than there are Spareboard

drivers, shifts of 7.5 hours or greater will be first placed in order of

highest to lowest shift value and then detailed to the Spareboard by

the earliest finishing time. All remaining open work will be detailed as

per the normal process of filling work.

iii) Where there are more Spareboard drivers available than there are

open shifts of 7.5 hours or greater, then the highest value shifts

remaining will be identified and assigned to all available Spareboard

Drivers by the earliest finishing time.

iv) If there are no open shifts of 7.5 hours or greater, then all work

detailed to the Spareboard will be detailed strictly by earliest finishing

time. Spareboard Drivers assigned to these shifts will be given spare

hours to make up to seven and one-half (7.5) hours.

v) Spareboard Drivers doing spare hours as a result of (i) and/or (iv)

and assigned work which would normally finish later than the 7.5

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hours daily total will be given the right of refusal to complete the

assigned shift with all applicable premiums.

(f) For the July Board Period the number of vacation swing positions will be equal to the lowest number of 40 hour drivers on vacation in any given week during the board period at the time the board is posted. All 40 hour vacation weeks open after vacation swing selection will be offered to the less than 40 hour drivers to rotate up based on equalization. The remaining and or resulting open weeks will be assigned to the Seasonal Drivers as per Schedule B. Any remaining or resulting open weeks that have not been filled as per above will be broken into daily shifts and detailed on the Spareboard.

(g) Spareboard Drivers who have worked seven and one-half or more hours

will be considered to have completed a full shift. (h) Drivers who sign as vacation swing will be added to the bottom of the

spareboard for the purposes of detailing work when there is no vacation replacement work available.

11.05 Report Person (a) If there is no work available for Spareboard Drivers when the daily

dispatch is prepared for the following day, they will be scheduled as report persons with start times based on operational requirements. For detailing purposes, the finishing time will be twelve and one-half hours (12.5) from the report time given to the report person.

(b) Drivers assigned to report as a report person are not to be assigned

work that exceeds twelve and one half (12.5) hour spread time. If a report person has not been assigned any work after seven and one half (7.5) hours of their report time, at either straight time or overtime rates of pay, that report person will be released. Drivers already detailed work which operates beyond the seven and one half (7.5) hour limit will be released on returning to Transit. Drivers detailed a piece of work which finishes before the seven and one half (7.5) hour limit will return to Transit and be available for any additional work that opens up before the seven and one half (7.5) hour limit and does not exceed the twelve and one half (12.5) hour spread time.

(c) When there are two or more shifts and two or more report persons who

can perform the work, the shift with the latest finishing time will be assigned to the report person who has the latest reporting time, the next latest shift to the report person with the next latest reporting time and so on until such time all work has been detailed.

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(d) Drivers who do not report in person for their scheduled work by their

reporting time are considered to be late. (e) Drivers who have notified Transit prior to their shift start time that they

are going to be late but can take over their shift within one (1) hour at a recognized relief point shall be allowed to do so after reporting in person at the Transit Facility. In such cases, the value of the shift will be reduced by the equivalent amount of time as the Driver was late and all premiums will be adjusted accordingly.

(f) If a report person is late for their reported start time it will be

management’s discretion to determine whether to adjust the start and finishing time of their spare shift or reduce the value of the shift by the equivalent amount of time as the report person was late and all premiums will be adjusted accordingly.

11.06 All overtime work shall be on a voluntary basis except that an employee may be

required to work one (1) hour overtime in an emergency situation. If an objection is raised, the Transit Supervisor will note it in a Transit Supervisor’s letter and provide a copy to the Unit Chairperson.

11.07 An eating period of not less than thirty (30) minutes will be provided as close to the midpoint of the work shift as possible, provided the shift is not less than five (5) hours. This provision does not apply to work performed on Sundays.

11.08 An employee who on the same day is required to continue working more than two (2) hours beyond their scheduled eight (8) hour shift shall be paid a meal allowance of $15.00 paid in cash.

11.09 Hours of Work (a) The hours of assignment for drivers who are required to go to the garage

to take out a bus will commence ten (10) minutes prior to the time required to leave the garage for the purpose of picking up transfers, receiving vehicle assignments, starting vehicles and completing circle checks.

(b) Drivers on the day or night shift, Monday to Friday, who park their bus at

the Oakville GO Station to have their lunch break will be given five (5)minutes at the end of their lunch break to prepare for revenue service.

(c) Where, through failure or shortage of equipment beyond a driver’s

control or due to adverse weather conditions, a driver cannot complete

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their scheduled hours of work and is excused by their Supervisor, they shall suffer no loss of wages as a result thereof.

(d) When an employee who has not previously agreed to work on their

scheduled day off is called to work on such a day, their will be guaranteed three (3) hours work, and provided these hours are in excess of forty (40) hours worked in the week, they will be paid at the overtime rate of time and one half.

(e) For charter work only, a driver will be paid a guaranteed minimum of

three (3) hours per piece of work. (f) No employee shall have their hours reduced by a change of shift

required as a result of a cancellation, disaster or emergency unless they are advised of the change prior to 1:30 p.m. on the day preceding the change.

(g) If the Corporation requires an employee to complete a report outside the

hours of their scheduled shift as a result of a collision, accident or incident, the driver will be paid fifteen (15) minutes at straight time.

(h) If the Corporation requires an employee to attend a course or workshop

during the employee’s normally scheduled hours of work, the Corporation will pay the wages for the normally scheduled hours on that day. If the course requires travel outside the geographic boundaries of the Corporation, the Town’s policy on travel expenses will apply. The employee will also be afforded a meal allowance of $15.00.

11.10 (a) Employees resuming duty after illness or absence for other reasons shall

notify the Transit Supervisor and/or Operations Clerk of their return to work:

For the day shift - by noon on the day before their scheduled shift;

and

For the night shift – by 8 AM the morning of their scheduled shift.

(b) In the event the Corporation obtains and exercises charter right for

points beyond the present Town geographic limits, it is agreed that negotiations will be undertaken to establish areas of pay and accommodation allowance, etc., for this type of work.

(c) Drivers must indicate their availability for additional daily hours by 9:00

a.m. on the previous day. Additional hours will be offered as outlined in 11.03 noted above to those who indicate their availability.

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(d) Any member of the Union Committee may review the log book at the dispatch office on request.

(e) Any bargaining unit employee who while off duty and must deal with the

police due to a work related accident, may make a written submission to the Operations Manager or Director requesting payment at straight time at the prevailing rate of pay for up to one hour. Such approved time will not be counted towards the accumulated overtime hours.

11.11 (a) Total hours offered, both worked and declined, will be the determining factor for the distribution of available hours. When a full-time driver is absent for any reason, their scheduled hours and any additional hours that would have been offered, shall be included in their hours to date.

(b) The corporation will make every effort to schedule as many runs as

close to forty hours per week as service permits. (c) All full time drivers shifts 39.76 hours and over will be topped up to 40

hours if all scheduled work is performed during the week. (d) The hours to date will be posted weekly with a copy of the Unit

Chairperson. (e) Drivers who call in absent for the a.m. portion of a split shift will also lose

the p.m. portion.

11.12 HOURS OF WORK AND OVERTIME (MAINTENANCE) (a) One shift change per week or one full week change will only be allowed

per week and will be applied equitably to all employees within their classification. Mutual changes may be made providing twenty-four (24) hours notice is given and no overtime is created by such change.

An eating period of not less than thirty (30) minutes will be provided as

close to the midpoint of the work shift as possible, provided the shift is not less than five (5) hours.

(b) For full-time licensed mechanics, mechanical service persons and utility

servicepersons, hereinafter referred to as "maintenance staff", the normal hours of work shall not exceed forty (40) in any calendar week, in accordance with the shift schedules designed by the Corporation.

(c) For maintenance staff, the normal days worked in any calendar week

shall not be more than five (5) .

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(d) Subject to the need to maintain the approved level of service, the

Corporation shall make every attempt to provide two consecutive days off in any calendar week. Every effort will be made to provide Saturday and Sunday as the two (2) consecutive days off.

(e) The workweek for maintenance staff shall consist of a total of forty (40)

hours. Time worked in excess of this will be paid for at overtime rates (f) Overtime at the rate of time and one half shall be paid for all hours worked

in excess of forty (40) in any seven (7) day calendar week. (g) Maintenance employees will sign-up within their classification for shifts

four (4) times each year, based on seniority. (h) The Corporation will allow a five (5) minute period for wash up prior to

lunch and quitting time for maintenance staff and five (5) minutes wash-up time prior to breaks.

(i) Maintenance staff shall be entitled to two (2) rest periods during an eight

hour shift, of not more than fifteen (15) minutes during each half shift. (j) Maintenance employees will be called in for overtime on the basis of

classification and accumulated hours (total hours offered, both worked and declined), with preference given to the employee with the least amount of accumulated overtime hours. In the event of equality between two or more employees seniority will apply. As of January 1st of each year overtime hours will return to zero (0) for maintenance employees for purposes of overtime equalization. When an employee is to be called in early in the morning, the call in will be assigned to the employee starting at 5:00 a.m.

(k) Employees who have the opportunity to work overtime, and: i. Who refuse to work the overtime on the day on which it is offered will not

be charged; and ii. Who refused to work overtime that is scheduled in advance will be

charged; for the purposes of the equalization of overtime. It is understood that employees who work overtime will be charged with

such overtime for the purposes of equalization.

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(l) Wherever possible, the Corporation shall endeavour to minimize contracting out for tow-in of any Transit vehicle.

(m) A maintenance employee who is called to work other than their regular

scheduled shift will be paid the greater of three (3) hours of pay or the time actually worked at the employee's applicable rate.

(n) A meal allowance will be paid to maintenance personnel within twenty-four

(24) hours of the claim being submitted by the employee.

(o) At a maintenance employee’s request and with the Corporation’s approval, an employee may be paid for all hours worked as defined in Article 11.12 or accumulate, at a rate equal to time and time half the actual time worked to a maximum of forty (40) hours in total, of lieu time which may then be utilized if service requirements permit.

(p) In the event of sickness (STD or LTD) or injury, an open shift selection will

be applied (without incurring overtime) in the effected classification and will be offered by seniority, providing an adequate number of employees remain in shift.

ARTICLE 12 - SENIORITY 12.01 (a) Two (2) or more employees with the same date of hire, who are full time

drivers scheduled for less than forty (40) hours per week, and who complete 500 hours on the same day as the other employee with the same date of hire, shall have seniority decided by the order of when they were interviewed for the position.

(b) Employees hired to work less than twenty-four 24 hours in any week, and employees hired for summer work, and employees hired to replace full-time employees who are absent from work for any reason shall not accumulate seniority for any purpose.

12.02 Employees on the seniority list as of date of certification shall retain their

bargaining unit seniority as of that date. 12.03 The Corporation shall prepare and post a bargaining unit seniority list on each of

the bulletin boards by the end of June and December, and copies shall be supplied to the Unit Chairperson.

12.04 Seniority shall prevail for run selection on sign-up boards and for vacation sign-

up. 12.05 (a) Provided the employees involved have comparable skills, qualifications

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and ability, the last employee hired shall, in the case of layoff, be the first laid off. The last employee laid off shall be the first rehired.

(b) The laid off employee shall be reassigned, within the bargaining unit, to a

position that their seniority, skills, qualifications and ability allows them to perform. The laid off employee may only be reassigned to a position equal to, or lesser than their own position. The same will apply to employees who are bumped as a result of a layoff.

(c) The employer shall give at least thirty (30) days notice or pay in lieu of

notice to the employee. (d) No new or vacant positions, within the bargaining unit, will be filled if the laid

off or bumped employee has the necessary seniority, skills, qualifications and ability to perform the work.

(e) Prior to the implementation of any layoff, consultation will occur between

the Corporation and the Union. 12.06 A new driver shall be in training for a maximum of 200 hours. The maximum

hours may be extended to 216 hours by mutual agreement between the Corporation and the Union. Should legislative licensing requirements increase the training required for new drivers, the training period shall be extended to cover the additional hours required by the legislation. During the training period, the new driver shall be paid the training rate as specified in Schedule 'A'. Once an employee achieves casual status they will be credited with 120 hours to be included in the calculation of the probationary hours.

12.07 It is agreed and understood that employees shall maintain and accumulate

seniority when absent from work during a period of absence due to illness or occupational injury.

ARTICLE 13 - LOSS OF SENIORITY (a) An employee loses all seniority under the following conditions:

(i) the employee is discharged and not subsequently reinstated through the grievance or arbitration procedure,

(ii) the employee leaves the employ of the Corporation of his/her own accord

or they retire. (iii) the employee is laid off and fails to return to work within five (5) working

days after they have been notified to do so by the Corporation, by registered mail to their last address on record with the Corporation,

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(iv) the employee is laid off continuously for a period in excess of twenty-four (24) consecutive months,

(v) the employee accepts a position outside this collective agreement

(excluding the maintenance department.), (vi) The employee exceeds or overstays a leave of absence without

satisfactory explanation.

(b) In the event of a layoff to any full time employee due to lack of work, the Corporation will pay the premiums to continue such employees coverage of applicable benefits under the insured benefit plan for a period of three months.

ARTICLE 14 - JOB POSTINGS 14.01 All bargaining unit job vacancies shall be posted on all bulletin boards for a period

of not less than seven (7) calendar days. The members of the bargaining unit will be given consideration based on their related skill, ability, licensing and seniority.

14.02 Due to a temporary lack of work, the Corporation may assign the junior

employee in the affected classification to perform incidental work. 14.03 If after the job posting process as described in 14.01 the position remains

vacant, then the Corporation will proceed to hire a new employee. 14.04 (a) When a member of the bargaining unit is promoted they shall be allowed

a period of thirty working days after training to demonstrate satisfactory performance in the new position. If the employer or the employee finds they are unable to satisfactorily perform the required duties of the position during such period the employee shall revert to their former classification and pay rate as well as other employees affected without loss of seniority.

(b) The employee will receive the rate allocated as the “first 500 hours” in

schedule ‘A’ during the training period and thereafter to “after 500 hours” in Schedule ‘A’.

14.05 Any new employee will receive the rate as laid out in Schedule ‘A’. 14.06 Employees who are promoted or transferred to another job within the bargaining

unit shall carry accumulated seniority to the new position. ARTICLE 15 - VACATION PAY AND ANNUAL VACATIONS

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15.01 OPERATIONS All full-time drivers who work forty (40) hours per week shall receive paid

vacation on the following basis:

Years of Service Weeks of Vacation

Less than 1 year Prorated portion of 2 weeks

At least 1 year 2 weeks

At least 3 years 3 weeks




15.02 All full-time drivers who work less than forty hours per week shall receive

vacation pay upon request up four times per year. Any unused amounts will be paid out by January 31st of the following year:



Less than 3 years 4% and 2 weeks unpaid

At least 3 years 6% and 3 weeks unpaid




15.03 Time off for annual vacation will be taken at a time or times agreeable to the

Corporation. The request of the employee will be given every consideration. 15.04 (a) Time off for annual vacation shall be scheduled subject to maintaining the

approved level of service, based on seniority. The vacation sign-up will commence no later than October 15th and finish on October 31st of each year and the sign-up rules will be done on the same basis as the sign-up board, one third (1/3) of the membership per day, until completed. Mutual vacation exchanges will be granted and must be approved in writing by management prior to the posting of the sign up for the applicable board period. Exchanges will only be allowed between employees in the same status within the classification who are able to perform the work at the time of the request.

(b) During a vacation board sign up, drivers must sign-up for their full vacation

entitlement.

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(c) If a particular week is unavailable, a driver may sign Wait List Request form for the unavailable week, which will be exchanged with a week which was signed for during the vacation sign up if one comes open.

(d) The waiting list will be on a first come, first served basis. (e) A driver may apply for a maximum of three vacation week changes.

Requests must be in writing and given to the Operations Manager.

15.05 The calendar year shall be the basis for determining annual vacation entitlement.

15.06 An employee shall accrue vacation while in receipt of sick leave, on Pregnancy or Parental Leave or a paid leave of absence. Vacation will not accrue on unpaid leaves of absence in excess of 30 calendar days.

15.07 Less than forty (40) hour employees who are moved up to forty (40) hours per

week, shall have their vacation calculated under 15.01, effective the pay period the change occurs. Vacation will be prorated taking into account vacation already taken in the year.

15.08 If, in any calendar year, a driver requests and is permitted to take vacation in

advance of earned entitlement, and such driver leaves the employ of the Corporation, the Corporation shall recover from the driver the value of any unearned vacation time so taken.

15.09 The maximum number of drivers off on vacation at any one time shall be as

follows:

(a) At all times eight drivers.

(b) A total of twenty-two drivers may be on vacation between mid-May and

Labour Day weekend.

(c) Twenty drivers may be on vacation between December 25th and

January 1st inclusive.

(d) Up to 20 full time 40 hour drivers - 40 hour drivers can convert a

single week of vacation to single days.

15.10 MAINTENANCE

(a) (i) Employees in the maintenance department shall be entitled to an annual vacation with pay on the following basis:

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At least 1 year 2 weeks





(ii) At least one week of vacation may be broken up into one or two

consecutive days of vacation.

(b) Vacation sign-up will commence no later than November 1. Lieu, floater and single vacation days will be signed following completion of the full week vacation sign-up. It is understood that in maintenance, for safety reasons that a minimum of two employees one being a Mechanic will be scheduled to work during all operating hours.

(c) Each employee will be given an initial selection of three weeks starting

with the most senior employee. Maintenance staff will make their

vacation selection within 48 hours of being notified of their turn in

the selection process. If no selection is made within the 48 hour

period the vacation selection will continue and the missed selection

will be made from the weeks remaining at the end of the selection

process.

(i) Two (2) mechanics may be off at one time. A third mechanic may

be off for two single days in any given week if requested and provided there are two employees (one being a mechanic) remaining in the shop. Single days off not booked at the time of the sign-up will be confirmed no less than one week in advance. In the event an employee desires a single day off on a Saturday or Sunday that has not been previously approved through the sign-up process, the employee may take the day provided they find another employee in the same job classification to replace them. Notice of this change must take place at least 48 hours before it occurs.

(ii) One Mechanical Serviceperson will be allowed off at a time and

provided there are sufficient employees remaining to perform the

necessary work a second mechanical service person may be

allowed off.

(d) The Utility Servicepersons vacation will be scheduled as follows:

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(i) Each employee will be given an initial selection of up to three (3) weeks starting with the most senior employee.

(ii) Two Utility Servicepersons may be off at any one time.

(iii) Following the above process any other vacation entitlement will be

allocated based on seniority. 15.11 The conditions set out for Drivers in Sections 15.03, 15.05, 15.07 and 15.08 of

this Article shall also apply to maintenance staff. 15.12 Illness during Vacation - If an acute, serious illness or injury occurs or continues

during a period when an employee is scheduled for vacation they will be considered to be on vacation for the scheduled vacation, except for time commencing at the start of the illness or when they were admitted to hospital and the period of recovery, as substantiated by medical documentation, to a maximum of remainder of the period of pre-booked vacation. Notice of illness or hospitalization will be given to the Corporation immediately upon its occurrence. The employee will reschedule the vacation to the available open weeks.

15.13 Vacation Benefit on Retirement – Employees retiring with an unreduced OMERS

pension shall be entitled to additional vacation in the year they retire, equivalent to one

day for each completed year of service with the Town. Such vacation may be taken in

time or paid out on retirement.

ARTICLE 16 - HOLIDAYS 16.01 The following days shall be recognized as paid holidays for all permanent full-

time employees provided that the employee has worked their scheduled hours on their scheduled working day immediately preceding and immediately following the holiday:

New Year's Day Canada Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Boxing Day Victoria Day Labour Day Family Day

16.02 If any of these days fall on an employee's scheduled day off, they shall receive

one additional day's pay or another day off with pay. The additional day off will be mutually scheduled at the time of selection, provided that the employee has worked their scheduled hours on their scheduled working day immediately preceding and immediately following the holiday, unless the absence is approved by management, or in the case of sickness which must be supported by a doctor's

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certificate. There will be no pyramiding of pay. Scheduling of days off will be subject to maintaining the approved levels of service.

16.03 (a) An employee shall receive payment for each holiday and floater day at the

rate equal to the shift value normally scheduled for that day.

(b) A full-time employee working less than forty (40) hours shall receive pay for a designated holiday or floater day, at either the actual scheduled shift value or the Employment Standards Act prescribed rate for the day, whichever is greater, if the designated holiday falls on their day off.

16.04 An employee who is required to work on any of the holidays shall receive, in

addition to their pay as specified in 16.03 above, payment at the rate of time and one half their regular straight time hourly rate for all hours worked on the holiday. An employee who works on Christmas Day and New Years Day shall receive, in addition to their pay as specified in 16.03 above, payment at the rate two times the regular straight time hourly rate for all hours worked on the holiday.

16.05 All full-time permanent employees who have completed six months of continuous

service shall be entitled to one "floater day" that shall be recognized as a paid designated holiday.

16.06 All full-time permanent employees who have completed twelve (12) months of

continuous service shall be entitled to a second "floater day" that shall be recognized as a paid holiday. Where an employee ceases employment with the Corporation for any reason, their “floater day” entitlement – two (2) days will be pro-rated accordingly, except in respect to a deceased employee, or retiring employee in receipt of an OMERS unreduced pension.

16.07 At no time will any full-time permanent employees be entitled to more than two

(2) “floater days" in any calendar year. 16.08 Full-time permanent employees may take "floater days" as paid time off or receive

the normal pay for scheduled hours. The employee’s request will be given every consideration and subject to below. (a) If requested up to five (5) drivers shall be scheduled for a combination of

holidays, floater days, union leave (excluding leaves under Appendix J) and a days leave of absence on the same day.

(b) The Corporation may allow maintenance personnel to take floater days

subject to the operational requirements of the department. The Corporation shall not unreasonably deny such requests.

16.09 If a holiday occurs during an employee's vacation period, they shall be granted

another day with pay in lieu thereof.

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16.10 Where an employee selects a day off in lieu of pay, the selected day will be a

shift of equal value. 16.11 Should the Governor General, the Lieutenant-Governor, or the Council of the

Town of Oakville proclaim any other day as a public holiday such shall be considered an additional holiday.

16.12 Maintenance personnel will be notified of service requirements at least four

weeks prior to each holiday. Any work required to be performed will be offered based on seniority within the classification. If an insufficient number of staff accepts the offer, the work will be assigned in reverse order of seniority.

ARTICLE 17 – BENEFITS 17.01 The Corporation will make available the following benefit plans to employees.

(a) Hospital/Medical - The Ontario Health Insurance Plan for basic

hospital and medical care.

(b) Extended Health/Drugs - An Extended Health/Drug Plan as described in the current benefit booklet, Contract Number 56261 shall be provided. Dispensing fees are capped at $10.00.

(c) (i) Life Insurance - Basic Life Insurance equal to two times the employee’s annual earnings (based on the employee’s regular hours and hourly rate) rounded to the next highest $1,000 if not an even multiple thereof.

(ii) Basic Accidental Death and Dismemberment (AD&D) also

equal to two times the employee’s annual earnings (based on the employee’s regular hours and hourly rate) rounded to the next highest $1,000 if not an even multiple thereof.

(iii) Optional Life Insurance - The opportunity to enroll in the Optional

Life Plan and the Optional AD&D Plan will be offered to employees in accordance with the requirements of the respective plans.

(d) Weekly Indemnity - An insured plan to provide for a period

twenty-six weeks a benefit of 70% of an employee’s weekly income. The Period of benefit shall commence:

- on the first day of disability due to an accident, - on the first day of disability due to sickness if hospitalized, - on the third day of disability due to sickness if not hospitalized,

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Time taken for Weekly Indemnity will not be applied against the ten (10) days leave entitlement as set out in the Employment Standards Act, 2000.

(e) Long Term Disability - If an employee has been totally and

continuously disabled at the end of 26 weeks, they may be eligible for L.T.D. based on a benefit level of 66.67% of the pre-disability earnings from the employee's position and classification to a maximum of $5,000. The definition of disabled shall mean during the first two years of disability that an employee is unable to perform the essential duties of their occupation. After the two year benefit period a person will be considered disabled if they are unable to perform any occupation for which the employee is reasonably suited for. The benefit amount will be reduced by any primary CPP and/or WSIB benefits and/or like offsets. If the employee continues to meet the definition of disabled they may be eligible for benefits up to age 65 in accordance with the policy issued by the Insurer. The disabled employee will continue to be covered for Extended Health as a result of the disability for the duration of the times he/she is receiving L.T.D. benefits from the Insurer

(f) Pensions - The Ontario Municipal Employees Retirement System

(O.M.E.R.S.) Basic Plan, as per the O.M.E.R.S. Member Handbook, as amended from time to time. O.M.E.R.S. payments shall be deducted at 100% of the employees regular earnings while in receipt of weekly indemnity payments.

(g) Dental Care - A Dental Care Plan (Blue Cross or equivalent).

Routine and preventative coverage (Blue Cross No. 7 and Rider No. 1 or equivalent), however, routine checkups will be covered once every nine months, oral hygiene instruction will only be covered once for each person and fluoride treatments will only be an eligible expense for dependent children under the age of 18. Coverage will be based on 100% co-insurance with a calendar year maximum of $2,500 per individual.

- Dentures (Rider No. 2 or equivalent) based on 50 % co-

insurance to a calendar year maximum of $1,000 per individual.

- Major Restorative (Rider No. 4 of equivalent) based on 100% co-insurance to a calendar year maximum of $2,000 per individual.

- Orthodontia (Rider No. 3 or equivalent) based on 50% co-insurance to a Lifetime maximum of $2,500.

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Preventative Dental Procedures: Units of Scaling shall be increased to sixteen (16) units of scaling in a calendar year running from January 1 to December 31.

The Dental Fee schedule will upgrade automatically to the previous year each January 1st.

(h) Vision Care - A vision care plan based on $400.00 per person

every twenty-four months and in addition subject to a prescription change, new lenses each twelve months. An individual may apply the cost of one alternative corrective procedure e.g. laser eye surgery, performed by an ophthalmologist, against the vision care allowance to the maximum amount available. Eye exams maximum are $85.00 every 24 months.

Prescription Safety Glasses will be provided once per year for

maintenance employees who require them. Glasses will be a standard frame selection from Corporation approved provider.

Employees hired for positions in the permanent full-time service shall be eligible and required to enroll in all the foregoing benefit plans in accordance with the conditions of the respective policies or plans.

A full time 40 hour driver may sign up for a less than 40 hour week a maximum of one (1) board period in a calendar year without affecting benefits under clauses 17.01(C), (D) and (E).

17.02 The Corporation will in no instance be considered the insurer, but will be obliged

hereunder only to pay the total premium costs for the benefit plans in 17.01 (a), (b), (c), (d), (e), (g) and (h), and contribute to the pension plans in (f) in accordance with the Canada Pension Plan Act and The Ontario Municipal Employees Retirement Act. In the event of a modification of any of the plans outlined herein by legislation of either the Provincial Legislature or Federal Parliament, which reduces the premium(s), the reduction shall be applied wholly to the Corporation's share of such costs. The five-twelfths E.I. rebate payable to employees will be retained by the Corporation. The town of Oakville shall not pay the Ontario Health Premium on behalf of employees. Under the terms and conditions of the benefit carrier and this collective agreement, the benefit plan does not cover employees working beyond age 65. Therefore, employees working beyond age 65 are not covered by the benefits as outlined in Article 17, with the exception of 17.01(f), 17.01(h)(second paragraph), 17.02, as they pertain to OMERS, and 17.10.

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Active full time permanent employees working for the Town beyond age 65 will receive a payment of $150.00 in lieu of benefits per completed month worked beyond age 65. Payment will be noted on the first pay advice following the completed month.

17.03 The Corporation reserves to itself the ability to change carriers for any of the above mentioned benefits provided the level of coverage is not reduced, and in so doing agrees to advise the Union in advance the proposed change in carrier.

17.04 If a permanent full-time employee is absent from work as a result of a

compensable accident, or illness, and that employee cooperates in providing and ensuring their doctor(s) provides any information requested by the Workplace Safety & Insurance Board, or the Corporation in that respect, the Corporation shall, during such absence:

(a) advance to the employee on his/her regular pay day an amount equal to

that which the Workplace Safety & Insurance Board is expected to issue as compensation for time lost during the respective pay period, on the condition that the amount payable by the Workplace Safety & Insurance Board will be paid to the Corporation, and the former amount will be adjusted, if necessary, to equal the latter; and

(b) pay to the employee on their regular pay day an amount which, when

added to the advance shown in paragraph (a), will yield to the employee an amount equal to their normal net take-home pay, after all appropriate deductions have been made. Deductions for Income Tax and Unemployment Insurance will be based on the Corporation-paid portion of the employee's pay. All other deductions will be based on the employee's normal gross pay.

The payments mentioned in (a) and (b) above shall not be made in respect of any absence resulting from an injury or illness for which a permanent disability pension or award is payable by the Workplace Safety & Insurance Board.

17.05 Any benefit contained in this agreement shall be contingent upon an employee being in actual receipt of salary or wages from the Corporation, except as outlined under Article 10.06, and shall be prorated as to the period of time actually worked to the nearest full pay period, or for which the employee was actually in receipt of salary or wages from the Corporation. This qualification applies to any benefit provision of this agreement. In the event of sickness of an employee, the Corporation will continue to pay the portion of the insurance premiums that it would normally pay for that employee.

17.06 During the period in which employees are surplus to the requirements of the

Corporation, they shall not be entitled to the benefits provided under this agreement other than the right of recall within the time period provided herein.

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It is understood, however, that such an employee shall have the opportunity, subject to the terms of the respective policies, to continue their coverage thereunder upon their payment through the Corporation of the premiums for the benefits provided under Article Seventeen for a period not to exceed six months, or until they accept other employment, whichever shall first occur.

17.07 Where an employee who is entitled to the provision of benefits under this article

as a result of such circumstances as entitle them to an action against some person other than the Town, elects to bring their own action against such person, such employee shall as a condition of such benefits being provided as aforesaid, undertake to repay the amount of such benefits to the Town out of the proceeds of any settlement of or judgment in such action.

17.08 Mandatory participation in the Canada Pension Plan and the Ontario Municipal

Employees Retirement System is required for all permanent employees. 17.09 The Corporation shall pay all damages or costs awarded against an employee in

any court action where such court action arose as a result of the lawful and reasonable execution of their duty as an employee and shall pay all reasonable legal costs including settlements, incurred by such employee in any such proceeding, save and except where the court action has arisen out of the unlawful, dishonest, fraudulent, negligent or malicious act of such employee. The Corporation shall not be liable to make any payment under the clause above unless:

(i) that employee has promptly given written notice of such claims to

the Corporation; (ii) the Corporation, its insurer if applicable, have had reasonable

opportunity to take carriage of such proceedings and if declined, have been regularly advised, in writing, of the status of the action;

(iii) where the claim is of the nature covered by the Corporation's

liability insurance policy, there has been no policy violation or other act on the part of that employee which would prejudice the Corporation's right of recovery under such policy;

(iv) in the case of settlement of such claim, and the payment of

reasonable legal costs, the Corporation has agreed to such settlement and approved such costs.

17.10 The Corporation shall make available to employees who retire before the age of

65 either because of a disability, or with an unreduced pension, and who have at least fifteen years of service with the Corporation, the opportunity to continue their coverage under the benefit plans outlined in 17.01 (a), (b), (g) and (h) above,

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and for Life Insurance in the amount of $2,000.00, and the Corporation will contribute the percentage of the monthly premium costs for such in accordance with the following schedule:

for employees with more than fifteen (15) years' service - 60% for employees with more than twenty (20) years’ service - 80% for employees with more than twenty-five (25) years' service - 100% provided that the employee:

(a) does not engage in any activity for which remuneration and/or profit would normally be available, and

(b) has no other means of access to such coverage at less cost. Coverage under this Clause will cease at the end of the month in which the employee celebrates his/her sixty-fifth birthday.

17.11 The ninety day waiting period for benefits for those moving from Casual Drivers

with 500 hours to Full Time less than 40 will have the waiting period reduced to sixty days.

ARTICLE 18 - PROBATIONARY EMPLOYEES 18.01 Probationary employees shall not accumulate seniority during the probationary

period. On satisfactory completion of the probationary period, seniority shall date back to the date of appointment as a probationary employee.

18.02 Probationary employees are not covered by the following terms in this

agreement: Arbitration (in respect to dismissal only); Seniority; Layoff and Recall; Leave of Absence.

18.03 After the first 500 hours of the probationary period no employee will be disciplined

or discharged without just cause. A Casual driver will remain on probation until they have completed 500 hours or four and one-half months, whichever is greater. If a Casual Driver is appointed to a full-time position, they must complete the difference between the hours driven at the date of appointment and five hundred hours to be entitled to full-time driver seniority.

ARTICLE 19 - UNIFORMS AND SAFETY FOOTWEAR 19.01 Drivers will be afforded an annual allowance of 350 points (as of January 1st

each year), which are applied to clothing acquisition. Points do not accumulate nor carry over to subsequent years. This schedule shall not be construed to restrict the issue of uniform clothing to employees not covered by or in

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quantities beyond these provisions, at the Corporation’s discretion. Procurement for Drivers shall be subject to the following conditions:

1. Each Driver will be required to order a minimum of three shirts and two pair

of pants each calendar year.

2. Every two years following the initial issue: One (1) water resistant jacket.

3. Every five years following the initial issue: One (1) winter parka

4. If a Driver requests an exemption from the minimum requirements in any

calendar year, they will be required to sign a waiver. A waiver of minimum clothing items will be allowed only once every two years. If the Driver subsequently requires any clothing item listed in 19.01 (1), for which they have received an exemption they will be required to purchase these items with their own funds.

5. Each point is the equivalent of $1

6. The quality of all clothing shall be the industry standard “work wear”

permanent pressed quality.

7. The Town will designate the supplier, quality of clothing, style and colour. If the designated supplier can supply a shirt with a minimum 50/50 cotton blend that meets the Town’s standards for quality, style and colour, such shirt will be offered as an optional selection. If the designated supplier can supply a pant with a minimum of 60/40 polyester/cotton blend that meets with the Town’s standards for quality, style and colour, such pant will be offered as an optional selection.

8. The Corporation may approve each order so that a reasonable standard of

uniform dress is achieved.

9. Maintenance, cleaning and alteration of the clothing issued are the responsibility of the employee, unless otherwise noted.

10. Where the Corporation provides uniforms and/or safety equipment for

employees, the employee will wear the uniforms and equipment while performing their duties.

19.02 Uniforms are provided for the specific use of employees while performing their

duties for the Corporation and cannot be worn while performing work of any nature outside the Transit Department.

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19.03 Utility Servicepersons, Mechanics and Mechanical Service persons will be afforded an annual allowance of 275 points (as of January 1st each year), which are applied to clothing acquisition. Points do not accumulate nor carry over to subsequent years. This schedule shall not be construed to restrict the issue of clothing to employees not covered by or in quantities beyond these provisions, at the Corporation’s discretion. Procurement shall be subject to the following conditions:

(i) Each maintenance employee will be required to order a minimum of three

trousers and three shirts or five t-shirts each calendar year.

Every two years following the initial issue: One winter parka

(ii) If a maintenance employee requests an exemption from the minimum

requirements in any calendar year, they will be required to sign a waiver and if such maintenance employee subsequently requires any clothing item listed in 19.03 (i), for which they have received an exemption they will be required to purchase these items with their own funds.

(iii) The Corporation will provide Utility Servicepersons with nine sets of

coveralls and pay the cost of cleaning the coveralls.

(iv) The Corporation will provide Mechanics and Mechanical Service persons with eleven sets of coveralls and pay the cost of cleaning the coveralls.

(v) The Employees will be responsible for the laundering and upkeep of all

other items

(vi) Each point is the equivalent of $1

(vii) The quality of all clothing shall be the industry standard “work wear” quality.

(viii) The Corporation will designate the supplier, quality of clothing, style and

colour.

(ix) The Corporation may approve each order so that a reasonable standard of uniform dress is achieved.

Where the Corporation provides uniforms and/or safety equipment for employees, the employee will wear the uniforms and equipment while performing their duties.

19.04 All employees in the Maintenance Department shall be required to wear safety

footwear while working for the Corporation. The Corporation will pay to all

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permanent maintenance employees an allowance of $200 once every year in the pay period in which October 15th falls to allow them to purchase C.S.A. approved Green Patch safety footwear.

ARTICLE 20 - GENERAL 20.01(a) The Director of Oakville Transit and/or the Director of Human Resources or

their designates may require a medical certificate regarding an employee's illness where there is a history or pattern of abuse of sick days. Medical certificates must be dated within 24 hours of the period of illness and provided to the Town within three days of the call in sick.

In all cases, an employee who is absent for more than three consecutive working days shall provide a certificate satisfactory to the Corporation, reporting the duration or probable duration of the illness. Where any period of illness is for more than fifteen consecutive working days, a doctor's certificate is required reporting the nature and duration, or probable duration of the illness, within the first fifteen days and every subsequent fifteen days of absence thereafter.

(b) The Corporation will reimburse the employee for the first three doctor’s

certificates in any twelve month period to a maximum of $20.00 each, provided a paid receipt is submitted and the certificate has been reasonably completed.

(c) The Head of the Department or the Director of Human Resources or their

designate may request a treatment memorandum regarding an employee’s illness or disability for a legitimate purpose.

(d) Drivers who call in absent for the a.m. portion of a split shift will also lose the p.m. portion.

(e) Both parties recognize that there may be a need for modified work. Modified

work made available on weekdays may include split shifts. If the modified work provided includes work on weekends the employee will be accommodated on straight shifts.

20.02 New employees will be allowed fifteen minutes to meet with the Unit

Chairperson by arrangement with management. This will not incur additional cost for the Corporation.

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20.03 (a) All current and new employees are enrolled in direct deposit to be paid bi-weekly on Friday. (b) Should a payroll mistake occur that would adversely affect an employee

(anything over 4 hours pay) then Transit will continue to make every attempt to reimburse the employee within forty eight hours of payroll being notified, being two consecutive work days.

20.04 Copies of the Collective Agreement will be provided by the Corporation to Union

members. 20.05 On request by the employee, the Corporation shall attempt to provide suitable

alternate employment where possible, when, through advancing years, injury, illness or handicap, an employee is unable to perform their normal duties. Such employee shall not displace an employee with more seniority, and participation will be dependent on the consent of their physician.

20.06 When an employee becomes a permanent full time driver the corporation

agrees to reimburse the employee up to $80.00, on the provision of a receipt, for the cost of the medical associated with the renewal their “C” license..

20.07 The Corporation agrees to pay the costs of renewing the air conditioning license of

a mechanic who has completed their probationary period upon confirmation of the successful completion of the course.

20.08 When conducting an operational assessment of a new or existing route the Unit Chairperson or their designate and a representative of management will be utilized to drive such routes. The results of any changes will be made available to the Unit Chairperson upon request. .

20.09 The Collision Management Program may be amended from time to time by agreement of both parties. 20.10 Each year on April 28 at 11:00 am Transit employees will observe one minute of

silence in memory of workers killed or injured on the job, provided this can be done in a safe manner.

20.11 Drivers shall be eligible for up to $60.00 every two calendar years, for the

purchase of an obus form back support upon providing a medical prescription to the Corporation which adequately substantiates the need for such back support.

20.12 The Corporation shall bear the cost of any certifications (and renewals),

examinations and licenses (excluding drivers’ licenses) required by an employee to retain employment in their classification unless such renewal and/or loss/expiry of such certification was the result of unauthorized, improper or illegal conduct on the part of the employee.

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20.13 The Corporation commits that no work currently being carried out by the

mechanics will be sub-contracted out without first advising the skilled trade’s representative and a log that would be available to the Local executive upon request.

20.14 All new full time drivers will be offered specialized training (care-A-van) within

one year of beginning full time employment with Oakville Transit and all current full time drivers will be offered the opportunity to take such training.

ARTICLE 21 - HEALTH AND SAFETY 21.01 The parties agree that they will comply with the requirements of the

Occupational Health and Safety Act for Ontario. 21.02 A Health and Safety Committee, in compliance with the Occupational Health and

Safety Act, shall meet for the purposes specified in the legislation. The committee will be composed of two driver members and one mechanic elected or selected by the Union and three members representing the Corporation.

21.03 An employee who is injured during working hours, and is required to leave for

treatment, or is sent home as a result of such injury, shall receive payment for the remainder of the shift at their regular rate of pay.

21.04 The parties agree that there will be no change to the “Guidelines for the Structure

and Function of the Joint Occupational Health and Safety Committee” dated the 16th of November 2001 without agreement of the parties.

ARTICLE 22 - RATES OF PAY 22.01 Schedule 'A' to this agreement shows the job classifications and wage rates to

be paid. The schedule applies only to employees on staff at the date of ratification of this agreement, those who have retired since commencement of its term and those who become employees subsequent to ratification of this agreement.

22.02 On the occasions when an employee is required by the Corporation to perform

the duties of an employee in a higher grade than their own for more than two hours in any one day, they shall be paid for the hourly rate for such higher graded job for such hours.

ARTICLE 23 - DURATION OF AGREEMENT 23.01 The terms of the Collective Agreement shall be from February 1, 2018 to

January 31, 2022, and shall continue from year to year thereafter unless either party gives notice in writing not more than ninety days and not less than thirty

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days prior to the expiry date in any year of the desire to amend or terminate this agreement.

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Schedule A Care-A-van Driver - Only open to those employees with full seniority and completion of training.

Effective Date and Increase

Classification Training Rate

1st 500 hours

After 500 hours

February 1, 2018- 1.8%

Driver Specialized Service Utility Serviceperson Mechanical Serviceperson Electronic Technician

17.42 26.78 24.51 26.98 33.02

30.04 31.36 27.03 29.67 35.71

February 1, 2019 – 1.9%

Driver Specialized Service Utility Serviceperson Mechanical Serviceperson Electronic Technician

17.75 27.29 24.98 27.49 33.65

30.61 31.96 27.54 30.24 36.39

February 1, 2020 – 2% Driver Specialized Service Utility Serviceperson Mechanical Serviceperson Electronic Technician

18.10 27.84 25.48 28.04 34.32

31.22 32.60 28.09 30.84 37.12

February 1, 2021 – 2% Driver Specialized Service Utility Serviceperson Mechanical Serviceperson Electronic Technician

18.47 28.40 25.99 28.60 35.01

31.85 33.25 28.65 31.46 37.86

February 1, 2018- 1.8% + $.10 Market rate adjustment

Licensed Mechanic 34.73 37.42

February 1, 2019- 1.9% + $.10 Market rate adjustment

Licensed Mechanics 35.50 38.23

February 1, 2020- 2% + $.10 Market rate adjustment

Licensed Mechanics 36.31 39.10

February 1, 2021- 2% + $.10 Market rate adjustment

Licensed Mechanics 37.14

39.99

Seasonal Employees

Effective Date Training Year 1 Year 2 Year 3

February 1, 2018 14.25 16.83 17.46 18.04

February 1, 2019 14.52 * 17.15 17.79 18.38

February 1, 2020 14.81 * 17.49 18.15 18.75

February 1, 2021 15.11 * 17.84 18.51 19.12

*or minimum wage whichever is greater. A shift premium is paid on all hours worked after 1800 to 0400 hours plus all day Sunday of $0.90 per hour. A training allowance of $1.00 will be paid to those for all hours spent training another employee.

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SCHEDULE 'B' CASUAL AND SEASONAL DRIVERS 1. A Casual Driver or Casual Utility Serviceperson is a part-time employee who is

regularly assigned less than twenty-four hours per week and is available to perform additional hours as required. They will be paid the applicable rate.

2. A Seasonal Driver is a part-time employee who is employed during the summer

vacation period (April 1st to Labour Day Weekend), December vacation period and University/College Reading Weeks and March Break to work hours as necessary to fill shifts of drivers absent on vacation and other leaves. They may also be assigned other duties within Oakville Transit including maintenance and will be paid the Seasonal Driver's rate.

3. It is agreed that Casual Drivers would have first opportunity for open shifts on the

full-time board over Seasonal Drivers. 4. Casual Utility Servicepersons will be offered the opportunity to move to a

full time Utility Serviceperson positions on the basis of hire date, when a vacancy is to be filled.

5. A Casual driver will remain on probation until they have completed 500 hours or

four and one-half months, whichever is greater. If a Casual Driver is appointed to a full-time position, they must complete the difference between the hours driven at the date of appointment and five hundred hours to be entitled to full-time driver seniority.

6. The Casual Driver's date of hire will be used to determine access to additional hours that may become available to Casual Drivers. If at any time a casual driver refuses a full time appointment, then the date of refusal will be their seniority date when they eventually obtain full time employment.

7. On completion of the probationary period, Casual Drivers are entitled to use

Articles 8, 9, 10, 11.01 (g), 11.09, 13, 16.01. 8. Casual and Seasonal Drivers will be paid four percent vacation pay bi-weekly,

and will not be entitled to any other benefits. 9. Casual Drivers and Casual Utility Servicepersons who have been assigned

and complete fifty two consecutive weeks at full time less than forty hour weeks shall receive benefits.

10. Two weeks unpaid vacation will be provided. Time off for annual vacation will be

taken at a time or times agreeable to the Corporation. The request of the employee will be given every consideration.

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APPENDIX ‘A’

LETTER OF UNDERSTANDING

Re : Contracting Out

It is agreed that no bargaining unit employee shall be laid off or terminated as a result of the employer contracting out any of its work or services. Furthermore, it is not our intention to reduce employees' working hours due to contracting out.

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APPENDIX ‘B’

LETTER OF UNDERSTANDING Re: Equalization of Hours: This will confirm the agreement of the parties that the intent of equalization of hours for full-time drivers is to continue establishing as many runs as possible close to forty hours per week when service is added during the life of the agreement, rather than artificially increasing the runs at less than forty hours per week. The parties further agree that they will review the impact of creating more forty hour runs on the existing hours of full-time drivers scheduled for less than forty hours.

APPENDIX ‘C’

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APPENDIX ‘C’ LETTER OF UNDERSTANDING

Re: Shuttle Service With the introduction of the paid shuttle service, the parties agree that only those employees riding the shuttle bus will be paid the appropriate time.

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APPENDIX ‘D’


Re: Disputes with Benefit Carrier The Corporation and the Union agree that in the event an employee has a dispute with the benefit carrier regarding their eligibility or entitlement to benefits, on request a meeting will be arranged between the Union, the affected employee and the insurer to discuss the issue. A representative from Human Resources will also be present.

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APPENDIX ‘E’


Re: Paid sick leave Each permanent full time (PFT) active employee in the Transit Department will have a bank of four sick days. Any unused sick days will be paid out to the individual employee by January 31 of the following year.

Process:

This letter applies to PFT’s only. The bank of four sick days are intended to and will be automatically applied to bridge to STD or to incidents of individual sick days as they occur during the year. Each sick day will have a value of 100% of the scheduled hours for that day, and will not create any paid overtime for the affected employee;

In maintenance, employees scheduled to work a compressed work week (10 hour shift) a bank of 32 hours of sick time will be provided.

When all of the four (4) sick days have been used the STD Plan will be activated on the third day of disability due to sickness if not hospitalized and the first two days will be unpaid;

Those employees with any sick days remaining at the end of December will have those remaining days paid out at 100% for forty hour drivers at eight hours per day and for less than forty hour drivers at 5.6 hours per day by January 31 of the following year;

There will be no banking of sick days from year to year;

Any probationary employee will have such sick days prorated from the day they become PFT;

Any PFT who leaves during the year will have any unused sick days prorated for pay out. Conversely if more than the prorated amount of sick days has been utilized then the appropriate amount will be reimbursed from the last pay owing;

Eligible employees using sick days from their bank may be required to provide medical documentation to support such absences.

In maintenance where employees are scheduled to work an extended tour a bank of 32 hours of sick time will be provided.

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APPENDIX ‘F’


Re: Long Term Disability This letter details the understanding, agreement and process involving an employee in the bargaining unit (Unifor 1256) who exceeds the two year benefit identified in Article 17, ss. 17.01 (e) Long Term Disability (LTD).

1) After the two year benefit period a person who is still off work and unable to perform any occupation for which the employee is reasonable suited for will be considered disabled.

2) The benefit amount will be reduced by any primary C.P.P. and/or WSIB

benefits and/or like offsets.

3) If the employee continues to meet the definition of disabled they may be eligible for benefits up to age 65 in accordance with the policy issued by the Insurer.

4) The disabled employee will continue to be covered for Extended Health

(17.01 b) as a result of the disability for the duration of the time they are receiving LTD benefits from the Insurer.

5) At the conclusion of the two year benefit period known as the LTD period, the

employee will be advised in writing by the Human Resource Department of their change in status (copy to the Union Chair), along with the following:

(i) They will be removed from the current seniority list; (ii) Should they at any time following the initial LTD period be

deemed to be able to return to work they must first:

a. Advise Transit and Human Resources at least four weeks prior to such return;

b. The employee will be required to undergo an independent

medical examination testing arranged for and paid for by the Corporation;

c. The employee will agree that such results may be shared with

the employee’s physician.

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6) On successful return to their previous position at Transit the employee will return with full credited seniority and will be placed in sequence on the seniority list at its next printing in accordance with article 12 s.s. 12.03.

7) This Letter of Understanding will not be applicable to those employees on

WSIB and those covered under article 20.05. These employees will be dealt with case by case, with the Union Local being kept informed.

8) Both parties understand and agree that this action may result in a layoff.

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APPENDIX ‘G’


Specialized Service Agreement

1. Specialized service work shall continue to be signed for on the basis of seniority;

2. Drivers will be evaluated on their performance including strict adherence to

customer and mobility device securement procedures, customer escorting

procedures and safe vehicle operations. During this evaluation any deficiencies

will be brought to the attention of the driver;

3. If during subsequent reviews a driver fails to correct these deficiencies or has a

serious violation of the above mentioned service requirements they may be

removed and disqualified from performing specialized service for one year;

4. Drivers who sign for specialized shifts and have not worked on specialized

service received refresher training within the previous six months, shall be

required to complete a half day refresher training specific to the safety critical job

functions noted above prior to commencing the performance of their duties;

5. Any driver who signs on a shift that may include specialized transit work must

have refresher training once every 12 months;

6. Drivers who have not worked in specialized transit or received refresher training

with the previous six months are not able to perform specialized transit work.

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APPENDIX ‘H’

LETTER OF UNDERSTANDING Re: New Facility Meeting Room

Upon completion of the new Oakville Transit Facility, the Union shall utilize a meeting/interview room for the purpose of conducting confidential union business upon request and subject to availability.

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APPENDIX ‘I’


Re: Unit Chairperson attendance at meetings outside scheduled shifts

Where the Corporation requires the Unit Chairperson to attend a meeting outside of his/her normal working hours, the Unit Chairperson’s shift may be rescheduled or he/she will be paid for the time spent in such meetings at straight time rates.

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APPENDIX ‘J’


Re: Financial Secretary

This Letter of Understanding applies solely to the unique circumstances of the election of a Unit member to the position of Financial Secretary with Unifor Local 1256. Upon providing seven days advance written notice, the employee elected to the position of Financial Secretary shall be entitled to unpaid union leave for up to two days per week, for days that he/she would otherwise be scheduled to work, to a maximum of ninety days per calendar year. Such unpaid union leave shall be for the purpose of conducting union local business associated with the position of Financial Secretary. Should the employee perform union business while on vacation or other approved leave, such time off will not be rescheduled or extended. Wages will be reimbursed by the union. Open shift(s) resulting from this letter of understanding shall be filled at straight time first fully utilizing the equalization process of the less than forty hour drivers. Where work cannot be filled at straight time, after exhausting the equalization process, from mid-May to end of August (to Labour Day weekend), the Corporation may utilize Seasonal Drivers to cover such open work at straight time. In the event that extraordinary circumstances arise, the Town may consider additional days off. This letter of Understanding shall be effective the date of ratification and will expire with the expiration of the current collective agreement.

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APPENDIX ‘K’ LETTER OF UNDERSTANDING

Re: Tool List and Allowance All mechanics hired after ratification of collective agreement shall be required to provide their own tools.

The Corporation shall provide to Mechanics who have completed their probationary period an annual tool allowance in the amount of $1000, for the purpose of maintaining their tool complement. Each Mechanic is responsible to maintain the minimum tool complement required to perform their job to management’s satisfaction, including the replacement of lost, damaged or unsecured stolen tools, from the tool allowance provided.

The tool allowance shall be paid each year on the pay in which March 31st falls.

Tool List

The Town agrees to supply the following tools for mechanics:

Pneumatic tools ¾” drive and up

4” disc and larger electrical hand held grinders

Wrenches 1-5/16”/33mm and larger

¾” and 1” drive impact sockets size 1-5/16”/33mm and larger

Pneumatic rivet guns

Sledge hammers 8lbs and up

Pipe and adjustable wrenches 20” and up

Pry bars longer then 48”

Drill bits

Tap and die sets, standard and metric

Specialty axle, engine, transmission and brake tools unique to Oakville Transit’s units.(current practice)

Bus, engine, transmission, HVAC diagnostic equipment

Safety glasses, harnesses, gloves, masks and other safety related apparel

All shop incidentals (rags, penetrants, oils, etc.)

Extension cords

Trouble lights

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APPENDIX ‘L’


Re: Member elected to Full- time President Position This Letter of Understanding applies solely to the unique circumstances of the election of a Unit member to the paid full time position of President with Unifor Local 1256. In addition to Article 10.01(d), under the circumstances described above and upon return to the payroll as an employee of the Town of Oakville, the elected employee may purchase back coverage for the OMERS pension plan by contributing the employee premiums in accordance with OMERS regulations. Such purchase will occur upon the employee’s return to active, paid service with the Town of Oakville. Upon notification that the employee has purchased the OMERS pension plan for the period of the leave, the Town of Oakville will pay the employer’s OMERS pension plan premiums for the matching period of time. Extended Health Benefits excluding short-term disability, long term disability, AD&D and life insurance coverage will be provided to the employee during the unpaid leave of absence. This Letter of Understanding is provided on a without prejudice or precedent basis and shall be effective the date of ratification and will expire on January 31, 2018. This Letter of Understanding will not be automatically renewed if the employee gets re-elected to the paid full time position of President.

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APPENDIX ‘M’


Re: Apprenticeship

The parties agree to the establishment of a new job classification of “Apprentice” on the terms set out in this Memorandum of Agreement. 1. PURPOSE – The purpose of this agreement is to make certain that care is exercised in the

selection of apprentice candidates and that the methods of training are uniform and sound in

addition to being compliant with the standards set out by the Ontario College of Trades and

Apprenticeship Act,2009.

2. The apprentice is required to enter into an agreement with the Corporation of the Town of Oakville

that is administered by the Ministry of Training, Colleges and Universities Apprenticeship

Branch. The apprentice is required to acquire the necessary Certificates of Apprentice. Should

more than one certificate be required, the order of acquiring certificates may be flexible.

3. a) Where the Corporation intends to hire a registered, second year or greater apprentice a

notice will be posted in accordance with Article 14.01. The successful candidate shall be

assigned to the position of Apprentice.

b) An apprentice shall be considered a full time employee for the duration of the

apprenticeship and all aspects of the Collective Agreement shall apply except where

specifically amended by this Memorandum of Agreement.

4. An apprentice shall be paid on the following basis:

i. Year 2 - 70% of full wage rate

ii. Year 3 – 80% of full wage rate

iii. Year 4 - 90% of full wage rate

5. Apprentices must be in good standing with the college throughout their apprenticeship with

regards to their academic status and attendance.

6. Apprentices must sign a waiver to allow the Corporation access to academic and attendance

records at the college.

7. Apprentices must supply proof of a passing grade from the college in the basic course, in order

to progress through the levels.

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8. An apprentice may be terminated and lose seniority for:

just cause; or

failure to retain registration in the Apprenticeship Program administered by the

Ministry of Training, Colleges and Universities Apprenticeship Branch within sixty (60)

calendar days from his/her start date, if applicable, or

failure to provide to the Corporation, evidence of successful completion at any level of

the academic courses of the Program.

9. An apprentice may, at any time, apply for any posted vacancy within the Town of Oakville. . There

is no express or implied guarantee that employment in any position in the Town will be available

at the end of the completed apprenticeship.

10. The apprentice shall work forty hours per week scheduled in accordance with Article 11.12 of the

Collective Agreement. The apprentice will be called for overtime only after all other qualified staff

in the business unit have been offered the overtime.

11. Time off to attend educational classes scheduled under the Apprenticeship Program will be

authorized by the Corporation. While the apprentice is attending educational sessions during

normal working hours, the Corporation will continue the apprentice’s rate of pay. The apprentice

shall continue to receive benefits pursuant to Article 17, with the exception of Article 17.01(d)

Weekly Indemnity, and 17.01(e) Long Term Disability during the period that he/she is attending

educational classes.

12. The apprentice will provide, at his/her own expense, a basic set of tools. The apprentice is entitled

to the annual Tool Allowance as specified in Appendix J.

13. CERTIFICATE OF COMPLETION OF APPRENTICESHIP - Upon successful completion of the

apprenticeship under this agreement, the Supervisor will recommend to the Ministry of Training,

Colleges, and Universities, that a Certificate of Completion of Apprenticeship, be issued to the

apprentice.

14. CERTIFICATE OF QUALIFICATION – Upon receiving their Certificate of Apprenticeship, the

candidate will write the exam for their Certificate of Qualification.

58

APPENDIX ‘N’


Re: Surveillance Cameras The Parties agree that the use of surveillance cameras will be limited to investigations of employee actions arising from public complaints, health and safety or security concerns.

59

APPENDIX ‘O’


Re: Acting Assignments In order to provide bargaining unit members the opportunity to explore future career options the parties agree:

1. Drivers may apply for acting supervisory positions which are posted and if qualified

will be afforded an interview. 2. Such opportunities will coincide with Board periods and last no longer than 6

consecutive months. In the event a successful candidate is deemed not suitable or the employee does not wish to complete the entire posted period they will be returned to the driving position they signed up for on one week’s notice.

3. Bargaining unit seniority shall continue to accrue during the period the member is working outside the unit and union dues will continue to be deducted.

4. If the Corporation accepts the candidate as a full-time supervisor following the six month acting opportunity they will cease to accrue seniority and if they return to the bargaining unit at a future date will do so as a new hire.

5. It is understood that acting supervisors will not administer the discipline of other bargaining unit members.

6. It is agreed that there will be a maximum of one acting supervisor opportunity available each year.

60

APPENDIX ‘P’


Re: Women’s advocate The Town agrees on a one time basis to provide a period of 40 hours paid leave to enable a Woman’s Advocate to be trained by Unifor. In addition the Town will provide an orientation to the Advocate regarding existing Town processes and resources to assist employees. It is understood that this position will provide information only regarding available resources.

the corporation of the town of oakville unifor 1256 - town hall...the union acknowledges that the...

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