uncontrolled copy of 2-266-567-20131231-13 · employees of the corporation of the municipality of...

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 266

and

The Corporation of the Municipality of Northern Bruce Peninsula

DURATION: January 1, 2011- December 31, 2013

.#A OPSEU ///0sEFPO

Uncontrolled copy of 2-266-567-20131231-13<~pssu> -..._---.....-------·

Sector13 2-266-567-20131231-13

Uncontrolled copy of 2-266-567-20131231-13

TABLE OF CONTENTS

ARTICLE 1 - PREAMBLE ............................................................................................................... 1 ARTICLE 2 -UNION RECOGNITION ............................................................................................. 2 ARTICLE 3 -MANAGEMENT RIGHTS AND RULES .................................................................... 2 ARTICLE 4 - NO STRIKES/NO LOCKOUTS ................................................................................. 3 ARTICLE 5- CHECK-OFF OF UNION DUES ................................................................................ 3 ARTICLE 6- UNION REPRESENTATION, RIGHTS, AND UNION ACTIVITY ............................ .4 ARTICLE 7- NO DISCRIMINATION .............................................................................................. 7 ARTICLE 8 - EMPLOYEE RIGHTS ................................................................................................ 8 ARTICLE 9 - GRIEVANCE PROCEDURE ..................................................................................... 8 ARTICLE 10 -ARBITRATION ...................................................................................................... 1 0 ARTICLE 11- SENIORITY ........................................................................................................... 12 ARTICLE 12- JOB POSTINGS .................................................................................................... 14 ARTICLE 13- LAYOFF AND RECALL ........................................................................................ 15 ARTICLE 14- JOB CLASSIFICATIONS/DESCRIPTIONS .......................................................... 16 ARTICLE 15- WAGES ................................................................................................................. 18 ARTICLE 16 - HOURS OF WORK ............................................................................................... 18 ARTICLE 17- OVERTIME AND PREMIUM PAY ......................................................................... 20 . ARTICLE 18- PAID HOLIDAYS ................................................................................................... 21 ARTICLE 19- VACATIONS .......................................................................................................... 22 ARTICLE 20- LEAVES OF ABSENCE ........................................................................................ 25 ARTICLE 22- EMPLOYEE ASSISTANCE PROGRAM .............................................................. 29 ARTICLE 23- SICK LEAVE ......................................................................................................... 30 ARTICLE 24- HEALTH AND WELFARE .................................................................................... 31 ARTICLE 25- UNIFORM ALLOWANCE ..................................................................................... 32 ARTICLE 26- DEVELOPMENTAL TRAINING ........................................................................... 33 ARTICLE 27- MEDICAL CERTIFICATES/EXAMINATIONS ...................................................... 33 ARTICLE 28 -WORKPLACE SAFETY AND INSURANCE ........................................................ 34 ARTICLE 29 - EMPLOYEE RECORD .......................................................................................... 34 ARTICLE 30 - GENERAL ............................................................................................................. 34 ARTICLE 31- RETROACTIVITY .................................................................................................. 35 ARTICLE 32- DURATION ............................................................................................................ 35 SENIORITY LIST .......................................................................................................................... 36 SCHEDULE B- WAGES .............................................................................................................. 37


ARTICLE 1 - PREAMBLE

1.01 Whereas, it is the desire of both parties to this Agreement:

(1) To maintain and improve harmonious relations and settle conditions of employment between the Employer and the Union.

(2) To recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions.

(3) To encourage efficiency in operation.

(4) To promote the morale, well-being and security of all employees in the bargaining unit of the Union; and therefore

1.02 The parties agree that it is desirable that methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in a Collective Agreement, while recognizing that if there is any conflict in any way between a Statute, and the provisions of this Agreement then the terms of the Statute and any regulations under it shall govern.

1.03 Definitions

(a) "Permanent Full-Time Employee" means an employee who regularly and consistently works an average of between thirty-five (35) and forty (40) hours per week, fifty-two (52) weeks per year.

(b) "Permanent Part-Time Employee" means an employee who regularly and consistently works during fifty-two (52) weeks per year (vacation time included) but who do not always work full time hours (e.g. land-fill site attendants)

(c) "Seasonal Employee" means an employee who works full-time or part-time but only for a portion of the year (e.g. harbour, museum).

(d) "Temporary Employee" means an employee who is hired for a specific limited period of time, usually to undertake a specific project.

(e) "Casual Employee" means an employee who works full-time or part-time on a casual basis with no guarantee of a certain number or any hours per week or per season.


ARTICLE 2 - UNION RECOGNITION

2.01 The Employer recognizes OPSEU as the exclusive bargaining agent of all employees of the Corporation of the Municipality of Northern Bruce Peninsula in the County of Bruce save and except supervisors as per the Ontario Labour Relations Act and persons above

the rank of supervisor as per the Ontario Labour Relations Act, office and clerical employees, and students employed during the school vacation period.

The parties further agree that those persons employed under a Governmental work incentive program shall be excluded from the bargaining unit and that all such participation in any governmental program shall not result in a lay off or a reduction in hours of any regular employee in the bargaining unit.

2.02 The Employer undertakes that it will not, so long as the Union continues to be entitled to represent the employees of the Employer, employed in the bargaining unit described in Article 2.01, enter into any other agreement or contract with the employees, employed within the said bargaining unit, individually or collectively, which may conflict with the provisions of this Agreement.

2.03 Department Heads, Supervisors and all other personnel outside the bargaining unit shall not work on any jobs, which will reduce the normal hours of work of any regular employee save and except in the case of an emergency or for the purpose of instruction.

2.04 Contracting Out

The Employer shall not contract out any work usually performed by members of the bargaining unit as of December 31, 2002 if, as a result of such contracting out, a layoff of any bargaining employees results from such contracting out.

ARTICLE 3 - MANAGEMENT RIGHTS AND RULES

3.01 The Union recognizes and acknowledges that the Management of the Municipality and directions of the working force are fixed exclusively with the Employer and without restricting the generality of the foregoing; the Union acknowledges it is the exclusive function of the Employer to:

(a) Maintain order, discipline, and efficiency;


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(b) hire, rehire, discharge, direct, classify, transfer, promote, demote, suspend, or discipline in any way an employee, provided that a claim of discriminatory demotion, or transfer or a claim that such an employee has been discharged, disciplined or suspended without just cause, may be the subject of a grievance and dealt with as hereinafter provided;

(c) generally to manage the operations and undertakings of the Employer, make, enforce, and alter from time to time, reasonable rules and regulations to be observed by the employees covered by this Agreement, provided that they are not inconsistent with the provisions of this Agreement, and provided that they are exercised in a manner consistent with the provisions of this agreement and in a fair and reasonable manner;

(d) determine the nature and kind of business conducted by the Employer, the kinds of locations of stations, equipment and materials to be used, the control of materials and parts, the methods and techniques of work, the content of jobs, the work schedules, the number of employees to be employed, the extensions, the limitations, curtailment, or cessation of operations, or any part thereof, and to determine and exercise all other functions and prerogatives which shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement.

3.02 Exercising of the management functions and in administering this Agreement, the Employer shall act in good faith and in a manner consistent with this Agreement, as a whole.

3.03 The Union recognizes that there are policies and procedures in place for all employees of the employer. Where those policies and or procedures conflict with this Agreement concerning an employee covered by this Agreement, the provisions of this Agreement shall govern.

ARTICLE 4 - NO STRIKES/NO LOCKOUTS

4.01 The Union and the Employer agree that there will be no strikes or lockouts during the term of this agreement. The words "strike" and "lockout" shall be as defined in the Labour Relations Act as amended from time to time.

ARTICLE 5 - CHECK-OFF OF UNION DUES

5.01 The Employer shall deduct from the regular pay of each employee in the bargaining unit, starting with the pay period nearest to the employee's date of hire, an amount equivalent to such union dues as may be designated by the Union from time to time. The Employer agrees to remit this amount to the First VicePresident/Treasurer of the Union, 100 Lesmill Road, North York, Ontario, not later


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than the fifteenth (151h) day of each month following deduction, accompanied by a

list of names, and with the first dues deduction, the S.I.N. numbers of the employees from whose pay the dues have been deducted. Commencing with the renewal of this Agreement, the Employer agrees that should negotiations result in retroactive payment of wage increases, the Employer will deduct the amount of dues required by the Article at the time the payment is made.

5.02 The Employer agrees to include on the T4 slips of each employee affected by this Article the annual total of dues deducted.

5.03 The Union will advise the Employer in writing of the amount of its regular dues. The amount so advised will continue to be deducted until changed by further written notice to the Employer.

5.04 The Union will indemnify and save the Employer harmless against any and all claims, demands, suits and other forms of action taken or initiated by employees within the bargaining unit that may arise out of any action taken or not taken by the Employer for the purposes of complying with any of the provisions of this Article.

ARTICLE 6- UNION REPRESENTATION, RIGHTS, AND UNION ACTIVITY

6.01 The Union shall notify the Employer in writing of the names of its stewards and other representatives who shall be recognized by the Employer.

6.02 The Union shall elect or appoint stewards who shall have successfully completed their probationary period and shall be regular employees of the Employer during their time of office. The name and area of each of the stewards from time to time elected or selected, shall be given to the Employer in writing and the Employer shall not be required to recognize any such steward until Management has been notified.

It is agreed that there shall be at least two (2) stewards appointed at any one time.

6.03 The Employer shall provide the Union with all necessary information relating to the following matters for employees within the bargaining unit on a current basis:

(a) a list of employees showing their names, addresses and classifications, ranked according to seniority;

(b) Job postings, job awards, promotions, demotions and transfers;

(c) Hirings, discharges, suspensions, written warnings, resignations, retirements and death;

(d) Job classifications, job descriptions;


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(e) Information relating to salaries and fringe benefits including pension and welfare plans which plans are referred to in this agreement only.

6.04 Employees in the bargaining unit shall have access to their personnel records at reasonable times and shall, on request, be provided with copies of material contained in such records which shall be corrected if inaccurate.

6.05 The Employer shall provide a bulletin board for the use of the Union at the Lindsay Township location, the Lion's Head Arena, the Marinas in Lion's Head and Tobermory and at the Eastnor workshed whereupon the Union shall have the right to post notices relating to matters of interest to the Union and the employees. It is understood that all such notices must be submitted to the Chief Administrative Officer (or designate) of the Employer prior to posting.

6.06 The Employer agrees to permit a representative or representatives of the Union to meet with each new employee during the employee's first fifteen (15) days of employment for ten (10) to twenty (20) minutes during such employee's regular working hours, at a place in the Employer's premises at a time mutually convenient to the Employer and the Union Representative. The Employer shall instruct the Department Heads and supervisors concerned of such place and time the meeting is to be conducted and permit the employees concerned to attend the meeting with no loss of wages. A Union Steward shall be permitted time off for the purpose of attending the meeting with no loss of wages.

6.07 The right of a Steward or Committee Member to leave work without loss of basic pay to attend to Union business is granted upon the following conditions:

(a) Such business must be as between the Union and Management. Employees having grievances cannot discuss these with the Steward or Committee Member during working hours to the extent that it may exceed fifteen (15) minutes on the initial grievance being discussed. All other business must be on non-scheduled time or outside the hours of work.

(b) The time shall be devoted to the prompt handling of necessary union business.

(c) The Steward or Committee Member concerned shall obtain permission of the supervisor /manager concerned before leaving work and shall report to the supervisor/manager upon return to work.

(d) The Employer reserves the right to limit such time if it deems the time so taken to be excessive, and reserves the right to delay the said absence for up to twenty-four (24) hours if the Steward or Committee Member is


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unavailable at the time of request, involved in another call, or if the said request negatively interferes with the operation of the Employer.

6.08 Negotiating Committee

A Union Negotiating Committee shall be appointed and shall consist of not more than three (3) members who are employees of the Employer. The Committee shall have the right to have assistance of representatives of the Union when dealing or negotiating with the Employer. Notwithstanding the foregoing, the Union may bring into the negotiation meetings one additional member who shall be the alternate team member providing there is no cost to the Employer. Such alternate will replace any team member who is not able to attend future negotiations and in this event, the alternate will be paid as a full team member.

Leave-of-absence will be granted to negotiating team members who participate in direct negotiations up to, but not including conciliation and\or arbitration. Providing at least four (4) weeks' notice of leave is given for the first meeting following notice to bargain and reasonable notice thereafter. Such leave shall be granted without loss of wages only after the negotiation and completion of the first Collective Agreement.

6.09 Union/Management Committee: The Parties agree to establish a Local Union/Management Committee consisting of two (2) representatives of each Party for the purpose of discussing any matter of mutual interest and concern that is not a grievance. Both the Local Union and Employer members on this Committee shall have the right to request the attendance of outside resource persons on notice to the other Party.

In the event either party wishes to call a meeting of the Union/Management Committee for the purpose of discussing employee/management/union relations or matters arising out of the administration of this Agreement, it shall notify the other party in writing. The said meeting shall be held within seven (7) calendar days following delivery of the said notice in writing, except when such period of time is increased or decreased by mutual agreement between the parties. The party calling the meeting shall submit an agenda at the same time as the notice of the meeting.

It is agreed that meetings between the Employer and the Union/Management Committee called at the request of either party will normally be held during regular working hours, unless otherwise mutually agreed.


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The Union/Management Committee shall have no power to amend, alter or change the Collective Agreement but may recommend solutions for resolving mutual concerns.

6.10 An employee shall have the right to have a steward or other Union Representative present at any work-related performance interview with supervisory personnel. Where a supervisor intends to hold such an interview with an employee the supervisor shall notify the employee and the employee's steward as far in advance as is reasonably possible of the purpose of such interview. A steward shall have the right to consult a staff representative of the Union regarding the issue(s) to be discussed at any such interview prior to or during the interview.

6.11 The Employer agrees that all correspondence between the Employer and the Union relating to the application, interpretation or administration of the Collective Agreement shall be sent to the ranking Unit Steward with a copy to the OPSEU Regional Office.

6.12 Except as provided elsewhere in this Agreement, the Union and employees will not engage in Union activities during work hours, except during responsibility-free time (lunch breaks, rest periods, breaks, etc.), or hold meetings on the premises of the Employer without the Employer's prior consent.

ARTICLE 7- NO DISCRIMINATION

7.01 Employer and the Union shall not discriminate against employees with respect to the terms or conditions of employment on the grounds of race, creed, colour, age, sex, marital status, parental ptatus, religion, nationality, ancestry, place of origin, family relationship, political affiliation or activity, sexual orientation, Union activity, or any other grounds covered under the Ontario Human Rights Code.

The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of an employee membership or nonmembership in the Union, or because of an employee's activity or lack of activity in the Union or in the matter of wage rates, training, upgrading and discipline.

An employee on standby or call in (emergency) shift shall reside or otherwise be available to be at the workplace within thirty (30) minutes of being required at or being called to the workplace.


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ARTICLE 8 - EMPLOYEE RIGHTS

8.01 Unless prior notice is given to an employee, the Employer agrees that at no time

will electronic surveillance be used as a means to evaluate the performance of

employees, or to gather evidence in support of disciplinary measures.

8.02 Employees shall not be required to do work of a personal nature which is not

connected with the operation of the Employer.

8.03 The parties agree that individuals in the workplace should be treated with

respect. Supervisors shall not exercise the rights of management in a discriminatory manner nor shall employees be personally harassed. Any alleged

violations of this provision are not subject to the grievance procedure but shall

instead be presented to the Chief Administrative Officer. Failing resolution in

discussions with the Chief Administrative Officer, such alleged violations will be

referred to an in camera meeting of Municipal Council at the request of the

Union.

ARTICLE 9 - GRIEVANCE PROCEDURE

9.01 In order to provide an orderly and speedy procedure for the settling of grievances,

the Employer acknowledges the right of the steward to assist any employee in

preparing and in presenting the employee's grievance in accordance with the grievance procedure. The employee shall have the right to have the steward

present when dealing with any matter, including a reprimand with the Employer. In

the event that it is the steward's grievance, the Union may appoint a member to

assist the steward.

9.02 Any difference concerning the interpretation, application, administration or alleged

violation of the provisions of this agreement, shall be dealt with in the following

manner:

Step 1:

Within fifteen (15) calendar days of the difference complained of, or the date the

party ought reasonably to have become aware of the circumstances giving rise to

such grievance, the employee concerned, in the presence of the steward, may

submit a grievance in writing to the Supervisor of the Employer who shall reply

within five (5) working days after the grievance was submitted.

Step 2:

Failing satisfactory settlement at Step 1, the grievor with an OPSEU Staff Representative, or with a shop steward and the ranking Unit steward (or designate)


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for the bargaining unit, shall meet with the Employer's Chief Administrative Officer (CAO) (or designate) within ten working (1 0) days of the decision rendered at Step 1 to further attempt satisfactory settlement before proceeding to Step 3. The CAO (or designate) may have a representative, and councilor and/or counsel present at the meeting.

Step 3:

Failing satisfactory settlement at Step 2, the Union may refer the grievance to arbitration, within fifteen (15) days of the meeting under Step 2, or the date the party ought reasonably to have become aware of the circumstances giving rise to such grievance.

9.03 A claim by an employee that he has been suspended or discharged without just cause, shall be treated as a grievance if a written statement of such grievance is lodged with the Employer's Chief Administrative Officer at Step 2 of the grievance procedure within five (5) working days following notice of discharge. Such grievance may be settled by confirming the Employer's action or by reinstating the employee with full or partial compensation, or by any other arrangement deemed just and equitable in the opinion of the concurring parties or an Arbitration Board. A probationary employee shall have no rights to grieve dismissal within the probationary period.

9.04 The Union and the Employer shall have the right to file a policy grievance based on a dispute arising out of the application, interpretation, or alleged violation of this Agreement. A policy grievance may be launched by either party in writing at Step 2 of the grievance procedure, at any time within fifteen (15) calendar days of the circumstances giving rise to the grievance or the date the party ought reasonably to have become aware of the circumstances giving rise to such grievance. If it is not satisfactorily settled at such step, it may be referred to arbitration in the same manner and to the same extent as the grievance of an employee.

9.05 Two or more employees with the same complaint may file a group grievance at Step 1.

9.06 Any grievance not initiated or processed within the time limit specified above shall be deemed to be abandoned.

9.07 If a party fails to reply to the grievance within the time limit set out at any step of the grievance procedure, the grievance may be submitted to the next step of the grievance procedure.

9.08 At any step of the grievance procedure the time limits imposed upon either party may be extended only by mutual agreement in writing.


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9.09 No employee shall be disciplined or discharged without just cause.

9.10 An employee is entitled, prior to the imposition of discipline or discharge, to be

notified at a meeting with Management of the reasons for considering such action

unless he is a danger to himself/herself or others. The employee shall be

accompanied by a Union steward, and/or representative, one of whom shall be

advised in advance by Management of the time and place of the meeting.

9.11 Employees shall be notified in writing of the initial and/or immediate ground(s) for

discipline or discharge. The Union shall receive a copy.

9.12 The Employer shall provide the employee and the Union with a copy of any written

warning or adverse report affecting the employee. Any reply by the employee may

become part of the employee's record.

9.13 The value of progressive discipline with the aim of being corrective in application

is recognized by both parties. Therefore, except in extreme cases, discipline or

discharge for just cause should be preceded by a documented record of warnings (both written and oral) and suspensions. Therefore, it is agreed that

when disciplining an employee the Employer shall use all of the following steps

as corrective measures subject to the right of an employee to grieve at any

and/or all steps taken:

a) Oral Warning. b) Written Warning. c) Suspension of one day or less, or, of one day or more in duration. d) Discharge.

ARTICLE 10- ARBITRATION

10.01 Where a grievance is to be referred to Arbitration, the following procedure shall

apply:

(a) the party referring the grievance shall give notice to the other party indicating

their intention to refer the matter to arbitration and giving the name and

address of its appointee to the Arbitration Board;

(b) within five (5) working days after receipt of such notice, the other party shall

respond by indicating the name and address of its appointee to the

Arbitration Board;

(c) the two (2) appointees so selected shall, within twenty (20) working days

after receipt of the notice of the appointment of the second of them, appoint

a third person who shall be the chair of the Arbitration Board;


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(d) if the recipient of the notice fails to name an appointee, or if the two (2)

appointees fail to agree upon a chair within the time limited, the appointment

may be made by the Minister of Labour upon request of either party.

10.02 The Arbitration Board is to be governed by the following provisions:

(a) the Arbitration Board shall hear and determine the subject of the grievance

and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it;

(b) the decision of a majority is the decision of the Arbitration Board, but ifthere

is no majority, the decision of the Chair governs;

(c) each of the parties shall pay one-half(%) of the remuneration and expenses

of the Chair of the Board;

(d) the Board shall determine its own procedure, but shall give full opportunity to

all parties to present evidence and make representations;

(e) the Board shall not have any authority or power to alter, change, or amend

any of the provisions of this agreement or to substitute any new provision, in lieu thereof, or to give any decision contrary to the express intent or terms

and conditions of this agreement or in any way, modify, add to or detract from any provision of this

agreement;

(f) the parties and the arbitrator shall have access to the Employer's premises

to view working conditions, machinery or operations which may be relevant

to the resolution of a grievance;

(g) the Board shall have jurisdiction to determine whether a grievance is

arbitrable.

10.03 A grievor whose attendance is required at arbitration hearings shall receive permission to be absent from work. Time spent by such grievor at arbitration

proceedings shall be considered time worked.

10.04 After all steps in the grievance procedure have been taken the parties may agree

to have the option of referring a grievance to a single arbitrator. Failing such

agreement the Arbitration provisions of this agreement shall apply.

10.05 Time limits in this and previous articles may be extended only by mutual consent of

the parties.


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ARTICLE 11 - SENIORITY

11.01 (a) Seniority is defined as the length of continuous unbroken service in the

bargaining unit with the employer calculated on the basis of paid hours. Seniority shall be used in determining preference or priority for vacation,

layoff and recall, and promotions, providing the employee has the skills,

ability and qualifications to do the job in question, and as set out in other provisions of this Agreement.

(b) A seniority list will be recognized by the Employer as follows:

(i) Seniority shall be calculated on the basis of paid hours.

Seniority shall accumulate and accrue during a paid leave of

absence, when an employee is in receipt ofWSIB Benefits, STD, LTD, pregnancy/parental leaves and during all Employercompensated hours.

Seniority shall not accumulate or accrue when an employee is on an

unpaid leave of absence and all similar non-Employer compensated

hours.

Notwithstanding the above, seniority shall continue to accrue when

an employee is off on a leave, paid or unpaid, due to accident or illness.

(ii) The first seniority list is attached to this Agreement as Schedule "A";

(iii) The Employer shall maintain a seniority list showing the date upon

which each employee's service commenced. A copy of the seniority

list shall be posted on the bulletin boards and sent to the Union and shall be kept up to date by the Employer. The seniority list shall be

revised each twelve (12) months. The seniority list will be posted

within thirty (30) days of the signing of this contract and thereafter on or about the first (1 5t) day of July in each year.

There shall be a thirty (30) day appeal period from the date of posting

and thereafter, subject to any appeal being filed, the list shall be

deemed to be correct.

The seniority list shall be updated by the Employer within the year if

necessary to settle any seniority-related issue.


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(c) No employee shall be transferred to a position outside the bargaining unit without their consent. Notwithstanding, the employees who do accept appointment outside the bargaining unit, shall retain their seniority standing for a period not to exceed six (6) months from the date of transfer. Any time within the said six (6) months the employee concerned may transfer back into the bargaining unit without any loss of seniority. Upon expiry of the six (6) month period the employee's name shall be removed from the seniority list and all seniority rights under this agreement shall cease.

If the employee so transferred, transfers back into the bargaining unit, the employee shall displace the employee hired to replace the transferred employee and upon the employee transferring back into the bargaining unit, the employee hired to replace the employee shall be terminated, which termination shall not be the subject of a grievance.

All temporary employees shall, at the time of hire, be informed; 1.) the expected duration of the job, if possible, and 2.) that termination without right to grieve, not layoff, will end the temporary position.

11.02 A newly hired employee shall be on probation for a period of ninety (90) days of work within any twelve (12) month period from the date of hiring. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except as to a discharge grievance and as otherwise provided in the Agreement. After completion of the probationary period, seniority shall be effective from the original date of employment. A probationary employee may have the probation extended by one period of thirty (30) days of work. In this eventuality, the Employer will notify the employee and the Union stating the reasons for same, no less than two (2) weeks in advance of the commencement of the extended period. The extension shall not be the subject of a grievance.

11.03 An employee shall, subject to any bridging provisions, lose seniority and be deemed to have quit in the following circumstances:

(a) if discharged for just cause and is not reinstated;

(b) if resigns voluntarily;

(c) if laid off for a period in excess of eighteen (18) months;

(d) if, following layoff, fails to contact the Employer within three (3) working days after receiving notice to do so, unless just cause exists.


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The employee shall keep the Employer informed of the employee's current address. The employee shall be deemed to have received notice to return to work if the Employer sends him such notice by registered mail, the receipt to be deemed to be four (4) days after the time of mailing. It is further agreed that laid off employees who are recalled, will be permitted to give their current employer reasonable notice of termination in order to accept a recall.

(e) fails to return to work upon termination of an authorized leave of absence, unless a reasonable explanation is given by the employee, or utilizes a leave of absence for purposes other than those for which the leave of absence was granted.

(f) is absent from work without permission fo( two consecutive working days unless an explanation satisfactory to the Employer is given by the employee

(g) is absent from work due to illness or disability which absence continues more than twenty-four (24) months except where the employee is absent and in receipt of Worker's Compensation benefits, in which case the provisions of the Workplace Safety and Insurance Board Act apply

ARTICLE 12- JOB POSTINGS

12.01 (1) Where a job vacancy occurs which the employer desires to fill or the employer creates a new job within the bargaining unit, notice shall be posted within seven (7) days at an appropriate location, including the Lindsay worksite bulletin board and a copy of the notice deposited in employee pay packets and/or mailed to each employee for a minimum period of ten (1 0) working days and a copy sent to the Union's Owen Sound Regional Office. The notice shall set out a job description, qualifications required by the job, classification, wage rate, work location, normal hours of work, and length of familiarization period, if any.

(2) A "Leave of Absence Vacancy" occurs when a full-time, part-time or seasonal employee is granted an approved leave of absence exceeding four (4) months or is required to be off work due to a compensable accident or illness in excess of three (3) months. Where such Leave of Absence Vacancy occurs, the Employer may post a Leave of Absence Vacancy for five (5) working days and a copy shall be sent to the Union. The notice shall set out a job description, qualifications required by the job,

wage rate, length of time of expected employment, and a notice that upon the approved leave of absence being completed, or the compensated


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employee returning to work on a full-time basis, the employment of any

temporary employee will cease and the temporary employee will be released, which release shall not be the subject of a grievance. During the

expected temporary employment period, any temporary employee shall

receive and be subject to all benefits and terms of this agreement, save and except as to the term of employment and release as aforementioned.

Release of any temporary employee at the end of the term shall be set out in the notice of posting and shall not be the subject of a grievance.

12.02 In filling job vacancies, including promotions, transfers, and new positions within the

bargaining unit, the job shall be awarded within sixty (60) working days of posting,

or such longer period as is agreed between the parties, such agreement shall not

be unreasonably withheld, to the senior applicant provided that applicant has the

skills, qualifications and ability to perform the requirements of the job.

12.03 New employees shall not be hired where there are employees on layoff, able and

qualified to do the job.

12.04 Employees who have accepted a job posting and who, within thirty (30) calendar

days of starting the new positions, revert back to their former position either

voluntarily or have been proven unable to perform the necessary duties, shall lose no seniority and shall retain all rights and privileges afforded to them in their

previous classification.

12.05 Copies of all job postings together with the names of the applicants, their

seniority date, current classification and the name of the successful applicant for

the vacancy, shall be sent to the Unit Steward at the same time the vacancy is

filled.

12.06 The Employer shall post all in-service training programs for a period of not less

than ten (1 0) days. The posting shall contain the name and dates of the courses

and where further information can be obtained. In the process of selection from

those applicants for the training each employee shall be offered the opportunity

to attend based on rotational seniority through the seniority list from senior to

junior before rotating again.

ARTICLE 13- LAYOFF AND RECALL

13.01 In the event of a layoff, the Employer agrees that employees shall be laid off in

the reverse order of their seniority within their classification, at the worksite

affected. The employees shall be recalled to work in order of their seniority, provided they have the ability to perform the required work. The right to recall

shall not supersede the Job Posting requirements under this Agreement.


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Work cessation at the end of a season or a specific project does not constitute a

layoff under this Agreement.

13.02 The right of laid off employees to benefits under this Agreement shall continue for a period of three (3) months. In the event of a longer layoff, employees affected shall

have the right to continue coverage by making direct payments if permitted by the

carrier.

13.03 An employee laid off in one classification will be given the opportunity of displacing another employee with less seniority in an identical or lower-paying

classification, provided he/she possesses the qualifications and ability to perform

the work.

13.04 The Employer shall give employees who are to be laid off as much advance notice as is possible and in no case shall such notice be less than fourteen (14)

days. During the period of notice, employees shall be granted reasonable time

off without pay for the purpose of seeking alternate employment. The Employer shall also make all reasonable efforts to place the employees to be laid off in

other positions within the bargaining unit.

13.05 As a result of a layoff at a worksite, no employees at that worksite shall have

their regular work hours increased.

13.06 No new employee shall be hired until all laid off employees have been given the

opportunity to return to work.

13.07 Any employee in a new assignment as a result of this Article shall be given the basic introductory familiarization to the assignment.

13.08 The Employer shall not incur additional costs (i.e. travel and wage-related) as a

result of the operation of this Article.

ARTICLE 14- JOB CLASSIFICATIONS/DESCRIPTIONS

14.01 The Employer agrees to draw up job descriptions for all positions and

classifications for which the Union is bargaining agent. These descriptions shall be presented to the Union and shall become the recognized job descriptions,

unless the Union presents written objection within thirty (30) days. The Union

acknowledges the Employer's right to amend these job descriptions from time to

time as set out in this Agreement.

14.02 If the Union presents written objection to a job description presented to it by the

Employer within thirty (30) days, the contentious job description shall be referred


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to the Union/Management Committee to resolve the difference. If the Union/Management Committee is unable to resolve the difference, then it shall

be dealt with in the next round of bargaining.

14.03 When a job is to be established, or an existing job is altered, which cannot be

properly placed in an existing classification by mutual agreement, the Employer will temporarily establish a classification and rate. Written notification of the

temporary rate and classification will be furnished to the Unit Steward.

The new rate and classification shall be considered temporary for a period of

thirty (30) days following the date of notification to the Unit Steward.

During this period the Unit Steward may make a request to the Employer to

negotiate the rate and classification for the newly established job. The negotiated rate if higher than the temporary rate shall be retroactive to the date

the new job was established. If no request has been made by the Unit Steward

to negotiate the rate or classification within the thirty (30) day period, the temporary rate and classification shall become part of this agreement.

If the Union and the Employer cannot agree on the new rate and classification, the disputed rate and/or classification may be referred to arbitration pursuant to

Article 10. If the arbitrator sets a new rate higher than the temporary rate, it shall

be applied retroactive to the date of the establishment of the temporary rate and classification. It is specifically agreed that the arbitrator will have no authority to

alter or modify the existing rates and classifications when acting pursuant to this

Article.

No arbitration shall be applied for within nine (9) months of the expiry of the

Collective Agreement. The wage rate shall be an item of negotiations for the

renewal of the Agreement in lieu of an arbitration. It is agreed that any

agreement to adjust wage rates that is concluded in the subsequent round of bargaining will be retroactive to the date on which the new position was created

or the date on which the position was altered.

14.04 Employees who may be temporarily transferred (excluding bumping) to a lower rated classification shall receive the wage rate of their regular classification.

Employees temporarily transferred to a higher rated classification shall receive

the higher wage rate of the higher rated classification from the point the

employee commences work in the higher rated classification. The rate shall

apply only during the temporary transfer.


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ARTICLE 15- WAGES

15.01 The Employer shall pay salaries and wages as set out in Schedule B attached

hereto and forming part of this Agreement. Each employee shall be provided with

an itemized statement of the employee's wages, overtime, and other

supplementary pay and deductions. Wages shall be paid bi-weekly, by cheque, at

the workplace on Thursday for the current period, (ending the previous Saturday).

The Employer may not make deductions from wages unless consented to by the

employee, by the union, authorized by statute, court order, arbitration award or this

Agreement.

15.02 Any overpayment or underpayment less than fifty dollars ($50.00) shall be

corrected on the next full pay period after such overpayment or underpayment is

discovered and verified. If over fifty dollars ($50.00) the error shall be corrected

within three (3) clear days.

15.03 The Employer shall not have the right to deduct from any employees pay any

deductions not specifically authorized by the employee concerned, called for by

law or authorized under the Collective Agreement.

15.04 An employee who has been authorized to use his personal vehicle on municipal

business shall be paid a mileage allowance of fifty-five and one half cents per

kilometre ($0.555/km) or such higher amount as set from time to time for travel

by Council members and others. This shall include those instances where an

employee is required to attend a work site not normally his own, at any time

throughout the course of his shift or if directed to attend a work site not normally

his own prior to the beginning of his shift.

ARTICLE 16 - HOURS OF WORK

16.01 The normal hours of work are as follows, it being understood that nothing herein

shall constitute a guarantee of the hours of work per day or week or of working

schedules.

(a) The normal hours of work for permanent full time public works employees

which include Heavy Equipment Operators/Light Equipment Operators

and General labourers, are eight (8) hours per day, five (5) consecutive

days per week, Monday to Friday. Starting and stopping times may vary

during the seasons of the year or as is necessary to fulfil the Employer's

obligations concerning seasonal maintenance.

The normal hours of work for permanent full-time Arena employees are eight (8) hours per day, five (5) consecutive days per week. Starting and


18

stopping times may vary during the seasons of the year or as is necessary to fulfill the Employer's seasonal obligations.

(b) Permanent Full Time Waste Management Equipment Operators.

The normal hours of work for Permanent Full Time Waste Management

Equipment Operators is a minimum of 70 hours over a two week period. The work week for this position may include Saturdays and Sundays, with

scheduled days off during the week. Starting and stopping time may vary

during the seasons of the year or as is necessary to fulfill the Employer's

obligation.

(c) Permanent part-time Landfill employees' normal hours of work are:

• between October 1 and March 31- a minimum of 4.5 hr/day (18

hr/week) • between April 1 and May 30- a minimum of 6.5 hr/day (26 hr/week

• between June 1 - September 30- a minimum of 6.5hr/day (40

hr/week)

and are employed during the whole year. Starting and stopping times and days

of the week may vary because of the seasonal nature of some of the work.

(d) Seasonal employees may have up to a forty (40) hour work week, do not

work from the end of the season until the beginning of the season the next

year, and are not employed for the whole year. Starting and stopping times

and days of the week may vary because of the seasonal nature of the work.

Every effort will be made for employees to have two consecutive days off

each week. At least two (2) weeks' notice of recal.l will be given to seasonal

employees by the Employer at the beginning of the season. Seasonal

employees may be required to work an occasional day off-season for the

start-up and close-down of the season· or to attend training sessions.

(e) Temporary employees work the hours scheduled for the specific task for

which they have been hired. The hours to be worked shall be set out in the

job notice of posting.

(f) Casual employees work the hours assigned but shall not be regularly or consistently employed for more than twenty-four (24) hours per week

16.02 The schedule of hours and days of work of each employee shall be posted in an

appropriate place at least one (1) week in advance. Once posted, the shift

schedule shall not be changed without the knowledge of the employee and consent

of the Union. Where two (2) working days of such notice is not given, the employee


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shall receive payment of time and one-half (1 %) the employee's basic rate for all such work performed within the required period of notice, unless such change was beyond the control of the Employer.

For Works employees on winter road maintenance who are called back to work before the start of their next scheduled shift between Monday through Friday, it is understood that their regular eight (8) hour shift will commence as soon as the employee reports to work following the call-back being received. Straight-time wage rates are applicable for all hours worked on such a call-back unless and until an employee exceeds forty-four (44) hours in a work week after which overtime rates shall apply.

Second and subsequent call-backs for Works employees on the same calendar day shall be subject to the call-back minimum contained in clause 17.07.

It is understood that the "work week" for purposes of this Article and overtime rules under Article 18 runs from 00:01 hours Sunday through 24:00 hours Saturday.

16.03 Employees who request a change of shift shall be required to make such request at least Forty-eight (48) hours in advance, in writing, and the Employer shall consider the request for a change on an individual basis. Such changes may be permitted at the discretion of the Employer, provided that overtime or other additional costs shall not be incurred by the Employer in relation to any requested shift change.

ARTICLE 17- OVERTIME AND PREMIUM PAY

17.01 Overtime shall be paid at time and one-half (1%) the basic hourly rate of pay on all hours worked in excess of forty-four (44) in a work week.

17.02 Overtime shall be compulsory when requested during emergencies. In case of emergency the seniority list shall not prevail.

17.03 Subject to 17.05 below, overtime shall be paid at the end of the pay period in which the overtime was actually worked.

17.04 Where there is mutual agreement, employees may receive compensating leave in lieu of pay at the overtime rate, or may receive pay at the overtime rate in lieu of compensating leave.

17.05 Accumulated Lieu Time

An employee is allowed to accumulate up to a maximum of one hundred (100) hours straight time of lieu time. Unless the employee gives notice otherwise, all


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such time will be accumulated until the one hundred (100) hour maximum is

reached. Thereafter, and while the employee is at the maximum, all such time

will be paid on the same basis as it was earned.

An employee shall have the option to carry over a maximum of 40 hours on

December 151h of each year. Any hours in excess of 40 hours shall be paid out

in the next pay period.

An employee will utilize accumulated lieu time in minimum lots of four (4)

consecutive hours (i.e. half days) during the calendar year. Accumulated lieu

time must be taken off at a time mutually agreed upon between the Employer

and the employee and unless otherwise agreed to no more than two (2)

employees in any one (1) department may be off at any one time.

Accumulated lieu time may be accessed to top-up to normal full wages when an

employee is on WSIB, until such time has been depleted.

17.06 The Employer shall not reschedule an employee's normal time off for the

purpose of avoiding the payment of overtime.

17.07 Except for a Works Department employee on the first call-back on the same

calendar day Monday through Friday, as set out in clause 16.01, an employee

who leaves his place of work and is subsequently called back to work prior to the

starting time of his/her scheduled shift, shall be paid a minimum of three (3)

hours pay at the rate of time and one-half (1 1/2) his/her regular straight time

rate.

17.08 Employees who report for work for which they are scheduled, but for whom no

work is available, shall be paid for the period for which the employees would

have otherwise worked.

17.09 An employee who has been assigned responsibility as a lead hand to provide

leadership in the delivery of services to the public shall be paid a premium of one

dollar ($1.00) per hour while assigned.

ARTICLE 18- PAID HOLIDAYS

18.01 The following paid holidays shall be observed:

New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day 1 Floating Holiday


Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Remembrance Day

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18.02 Where any holidays enumerated in Article 18.01 of this Agreement fall on a

Saturday or Sunday, the Employer shall obseiVe the holiday either on the

preceding Friday or the succeeding Monday.

18.03 The Floating Holiday shall be taken on a date during the current calendar year

and mutually agreed upon between the employee and his/her supeiVisor.

18.04 When a holiday occurs during an employee's vacation, the employee shall be

entitled to one (1) extra day as vacation with pay.

18.05 Where an employee is required to work on a paid holiday listed in 18.01, that

employee shall be paid:

(a) double time and one-half (2 1/2) for all hours worked on the holiday;

(b) or, at the employee's discretion, time and one-half (1 1/2) for all the hours

worked on such holiday, and receive one (1) day off with regular pay in lieu

of such holiday at a time mutually agreeable to the employee and his/her

supeiVisor.

18.06 In order to qualify for holiday pay an employee must work all of his/her scheduled

shift before and all of his/her scheduled shift after the paid holiday unless

reasonable cause for not doing so can be established. An employee who is absent

from work on an unpaid leave-of-absence which extends beyond thirty (30)

calendar days shall cease to be entitled to holiday pay under this Article for the

remainder of his/her absence. It is understood that an absence for which an

employee has claimed benefits under WSIB and/or any insured benefit sick leave

plan (STD, LTD) is deemed to be an unpaid leave for purposes of this Article.

18.07 It is understood that the length of an employee's work day, for purposes of

determining holiday pay entitlement when the employee does not work on the paid

holiday, shall be equal to the number of hours the employee would have worked if

the day in question had been a regular work day. Seasonal employees do not

qualify for paid holidays falling outside the season normally worked.

ARTICLE 19- VACATIONS

19.01 After the first calendar year of employment, during which a full-time employee will

receive 4% vacation pay in lieu of paid vacation, an employee shall receive an

annual vacation with pay as follows:

(a) after one (1) calendar year of seiVice and up to three (3)- two (2) weeks or

eighty (80) hours;


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(b) after three (3) calendar years of service and for each subsequent year up to

and including eight (8) calendar years of service -three (3) weeks or one

hundred and twenty (120) hours;

(c) after eight (8) calendar years of service and for each subsequent year up to

and including seventeen (17) calendar years of service- four (4) weeks or

one hundred and sixty (160) hours;

(d) after seventeen (17) calendar years of service and for each subsequent

year up to and including twenty-five (25) calendar years of service- five

(5) weeks or two hundred (200) hours;

(e) after twenty-five (25) calendar years of service and for each subsequent

year thereafter- six (6) weeks or two hundred and forty (240) hours.

No employee may take more than two consecutive weeks of vacation at one time

without approval of the supervisor/manager.

Part-time, seasonal and temporary employees shall receive vacation pay in lieu of

paid vacation on the basis of two percent (2%) for each week on the full-time

employee vacation grid and shall progress through the vacation grid based on calendar time

since date of hire.

19.02 Vacation pay for each week of vacation shall be at the regular rate of pay effective

immediately prior to the vacation period. Employees will receive pay for vacation

prior to taking vacation leave, providing request in writing for vacation pay is

submitted to the Employer, at least four (4) weeks in advance of taking vacation.

Vacation pay will be based on regular straight time wages, i.e. scheduled hours X

basic hourly rate per week of vacation.

19.03 Upon termination of employment or retirement, an employee shall be entitled to

vacation pay earned to the date of termination or retirement, less the amount of

vacation pay already paid in that year.

19.04 On age retirement after twenty-five (25) years of service, an employee shall be

entitled to the same vacation, or vacation pay, which he would have earned if he

continued employment to the end of the year.

19.05 Blank vacation schedules will be posted by the 15th of January of each year

covering the period from April 1st to the following March 31 5 t. Employees wishing to

have vacation considered by the Employer on the basis of seniority shall put their

requests on the blank schedule not later than March 15th. Approved vacation

schedules shall be posted by the Employer by April1 st of each year and shall not

· be changed without the consent of the affected employees.


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Preference in scheduling of vacation shall be based on seniority. An employee shall

receive an unbroken period of vacation, unless otherwise mutually agreed upon by

the employee and the Employer.

Vacation requests received after the March 15th deadline will be considered by the

Employer on a "first-come-first-served" basis.

Employees with remaining unscheduled vacation time as of June 30th shall discuss

the scheduling of their remaining time with their supervisor. Failing mutual

agreement on a

timetable for the scheduling of the outstanding vacation time (including any

agreement to carryover vacation under clause 19.07), the Employer may schedule

such vacation time or payout that vacation time at the rate of two percent (2%) per

week if it remains outstanding at December 31st of each vacation year.

Vacation must be taken in one (1) week multiples (forty (40) hours), commencing

Monday through Sunday, except one (1) week (forty hours) vacation that may be

taken in blocks of eight (8) hours or more, provided the scheduling of such vacation

time does not interfere with the efficient operation of the department.

The employer may limit the number of employees on vacation at any one time, due

to operational considerations.

19.06 Where an employee's scheduled vacation is interrupted due to serious illness,

which either commenced prior to or during the scheduled vacation period, the

period of such illness shall be considered sick leave.

Serious illness is defined as an illness which requires the employee to receive on

going medical care and/or treatments resulting in either hospitalization or which

would confine the employee to his/her residence or to bed rest for more than three

(3) days.

The portion of the employee's vacation which is deemed to be sick leave under the

above provisions will not be counted against the employee's vacation credits.

19.07 For the purpose of an extended vacation, an employee may carry over from one (1)

vacation year to the next, a maximum of one (1) week (forty (40) hours) of vacation

at the rate of pay such employee was receiving when the week to be carried over

was earned.

19.08 Except for Pregnancy and Parental Leave, any employee who is absent from work

while on an extended leave of absence (e.g. WSIB, STD, L TO, or any other leave)


24

in excess of thirty (30) days shall cease accruing vacation credits during the

remainder of the leave.

ARTICLE 20- LEAVES OF ABSENCE

20.01 Pregnancy and Parental Leave - Pregnancy and Parental leaves shall be

granted in accordance with the Employment Standards Act.

20.02 An employee returning from pregnancy or parental leave will be placed in his/her

former position and job that he/she held prior to the pregnancy or parental leave.

20.03 The Employer shall continue to pay the Employer's share of all health and

welfare premiums and contributions for the entire period of pregnancy or parental

leave, provided the employee agrees to pay his/her share.

20.04 Bereavement Leave

(a) Where a member of an employee's immediate family dies, an employee

shall be entitled to a maximum of four (4) consecutive days leave with pay

if scheduled to work, one (1) of which must be the day of the funeral,

internment, or cremation. Immediate family is defined as: father, mother,

spouse, common-law spouse and child.

(b) Where a member of an employee's family dies, an employee shall be

entitled to a maximum of three (3) days leave with pay. Family is defined

as brother, sister, father-in-law, mother-in-law, grandparents, grandchild,

son-in-law, daughter-in-

law, sister-in-law, brother-in-law, or the grandparents of the spouse, and

persons or relatives permanently residing in the employee's household or

with whom the employee resides.

(c) One (1) day leave will be granted for aunts, uncles, nieces, and nephews

for the purpose of attending the funeral or memorial service.

(d) Bereavement leave during an employee's scheduled vacation will extend

the vacation with pay by the number of qualified days. At the option of the

employee the extended vacation days may be taken at another time

mutually agreed upon by the employee and the Employer.

20.05 Court Leave- Employees shall suffer no loss of pay while serving as a

subpoenaed witness, a witness involving an action by or against the Employer by

a third party or for jury duty during regular working hours. Any form of

reimbursement received while serving as a witness or for jury duty during regular


25

working hours shall be turned over to the Employer along with records of

payment verifying same.

20.06 Personal Leave

For any employee who has successfully completed the probationary period, the

Employer may at its discretion grant a leave of absence without pay, for

legitimate personal reason provided the employee can be spared, and

having due regard for the proper and efficient operation of the Employer and the

needs of the Employer.

Application for such leave shall be made in writing to the Employer as far in

advance as possible, but in any event at least six (6) weeks prior to

commencement of the leave. The six (6) week period will be waived in

circumstances where such notice in advance would be impossible. The

application must clearly state the reason for the leave of absence and the

duration of such absence. The employee shall only accumulate seniority during

the first thirty (30) days of the leave, based on their working hours throughout the

year, and then shall maintain seniority for a maximum of one (1) year of such

leave. A minimum of one (1) year shall elapse before the employee may request

another such leave. An employee upon return from the leave of absence will be

returned to the same classification and status they occupied at the time the leave

was granted.

All such approved leaves of absence shall not require the Employer to pay any

health and welfare benefit during such approved leave of absence. The

employee may continue health and welfare benefits by making payment(s)

directly to the carrier providing it is permitted by the insurance carrier.

20.07 Citizenship Leave -On a one time basis, the Employer, shall pay an employee

up to one (1) day at basic straight time rate of pay for the purpose of being sworn

in as a Canadian Citizen.

20.08 Leaves of Absence (Union Functions/Office)

(a) Leave of absence without pay and without loss of seniority or other benefits,

shall be granted subject to operational requirements to employees who are

absent for the purpose of attending Union functions, such as conventions,

schools, seminars, etc. Such leave of absence shall not exceed ten (10)

days in any one (1) year in the aggregate (in addition to one (1) delegate to

OPSEU's Annual Convention), and shall be granted only where the Union

certifies in writing to the Employer the names of the employees involved and

the reason for the request. Such leave will be restricted to two (2) employees

at any one time from the seniority list.


26

(b) In the event the Employer incurs additional expense by way of salary or otherwise, the Union shall reimburse the Employer for the additional expense.

20.09 (a) Upon request by the Union, confirmed in writing and provided that reasonable notice is given, leave of absence with no loss of pay and with no loss of credit shall be granted to employees elected as Executive Board Members and Executive Officers of the Union for the purpose of conducting the internal business affairs of the Union.

(b) The Union will advise the Employer in writing of the name and location of such employee, immediately following election.

(c) Leave of absence with no loss of pay and with no loss of credit shall be granted to accommodate reasonable travel time.

(d) The Union will reimburse the Employer for the salary and all benefits paid to a member of the Executive Board and Executive Officers granted leave under this Article and in the event the Employer incurs additional expense by way of salary or otherwise, the Union shall reimburse the Employer for the additional expense.

20.10 (a) When an employee is elected as the Union's President or First VicePresident, the Union will, immediately following such an election, advise the Employer of the name and location of the employee so elected. Leave of absence with pay shall be granted from the employee's place of employment for the duration of the current term of office.

(b) During the term of such leave of absence, the Union will reimburse the Employer for the salary paid to the employee on such leave of absence and contribute the Employer's share of contribution to the existing pension plan and the Canada Pension Plan and other benefits. The Union will make the Employer's contribution to any prevailing health or other plans applicable to the elected employee and pay the cost of attendance credits accumulated during the leave of absence. The Union will make the Employer's contribution for Unemployment Insurance.

(c) On completion of the employee's term of office, the President or First VicePresident may return to their previous employment and service shall be deemed to be continuous for all purposes. Any leave of absence extending beyond the initial term of office of the President or First VicePresident shall be a matter to be determined between the parties.

Uncontrolled copy of 2-266-567-20131231-13 27

(d) The employee shall discuss any required leave with the Employer at the earliest opportunity.

(e) All requests for leave of absence permitted in these sections shall be sent to the Employer. It is understood that leaves requested by the Union may be withheld if such leaves unduly interfere with the operating requirements of the Employer.

(f) The Employer shall be allowed to hire another employee to replace the employee for the period of absence and the Employer may dismiss the replacement employee on return of the regular employee without just cause, such dismissal shall not be the subject of a grievance, and, in the event the Employer incurs additional expense by way of salary or otherwise, the Union shall reimburse the Employer for such additional charge.

20.11 Education Leave- The Employer agrees to pay one hundred percent (100%) of the tuition fees and reasonable expenses on successful completion of any training course or educational course, including any final examination therefore, if the employee is required by the Employer to take such course. Where it is necessary for the employee to be absent from his duty as a result of taking the approved course, there will be no loss of seniority, pay or benefits. Overtime shall not apply.

20.11 Public Office Leave- Any employee eligible to vote in a federal, provincial, or municipal election, shall have four (4) consecutive clear hours during the hours in which the polls are open in which to cast his/her ballot. Should it be necessary for all or part of the four (4) hours to fall within the employee's hours of work the employee shall suffer no loss of pay.

ARTICLE 21 - HEALTH AND SAFETY

21.01 The Employer and employees mutually hereby agree that they shall obey the Occupational Health & Safety Act of Ontario (1992) and they will mutually strive to enforce all of its provisions.

The Employer shall continue to make reasonable provisions for the safety and health of its employees during the hours of their employment. It is agreed that both the Employer and the Union shall co-operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees.


21.02 The Employer shall provide safety equipment and protective clothing where it

requires that such shall be worn by its employees.

21.03 An employee has the right to refuse to do particular work if he has reasonable

grounds to believe that the performance of this work could endanger his health, safety, or physical well being, or may similarly endanger another employee.

The employee may not however exercise the right granted him above if the

refusal to perform this work places the life, health, safety or physical well being of

another person in immediate danger.

21.04 As soon as the Employer is informed by the employee of a work refusal, the

Employer shall ensure that the necessary investigations, inspections and analysis of the situation giving rise to the refusal to work are conducted and

every reasonable effort shall be made for the employee and the Union representative to receive notice thereof. Should the employee concerned or the

Union Representative choose not to be present the investigation may

nevertheless proceed.

21.05 No employee will be discharged, disciplined or penalized in any way for refusing

work or making a complaint relating to the health and safety matters.

21.06 An employee shall not engage in excavation work, until that employee has

ensured that there is another employee on the surface of the ground to ensure that the safety of the employees engaged in the trench is secure and to assist in

the carrying out of the work as required by the Construction Safety Act.

21.07 All employees shall report for work neat and clean.

ARTICLE 22- EMPLOYEE ASSISTANCE PROGRAM

22.01 The Union and the Employer agree that alcoholism and drug abuse can be

illnesses and should primarily be treated as such rather than as discipline problems. The individual employee shall be given a reasonable opportunity to

rehabilitate himself before any decision is taken by the Employer regarding

disciplinary action. The Union and the Employer therefore agree that:

(a) An employee who has an alcohol or drug abuse problem must be advised, in the presence of a Union Official, that the Employer is concerned about

the effect of this problem upon his performance. (b) The employee who is so advised must be given the opportunity to enrol in

the treatment program as established by the Union and the Employer.


(c) The employee, if he/she qualifies, will be given sick leave for the period of his participation in the program and his seniority rights and benefits to which he is entitled during such period shall continue.

(d) If the employee who has an alcohol or drug abuse problem refuses to cooperate in the program the employee can be subject to discipline by the Employer.

(e) Any disciplinary action taken by the Employer against the employee is subject to the employee's right to grieve and to proceed to arbitration in accordance with the terms of this Collective Agreement.

ARTICLE 23- SICK LEAVE

23.01 Permanent full-time and permanent part-time employees shall be provided with a base sick leave bank of eight (8) days per calendar year, not accumulative from year-to-year. (Harbour Master, Assistant Harbour Master and Facilities Attendant shall be provided with a base of four (4) days)

23.02 The purpose of the base sick leave bank of eight (8) days per calendar year is to ensure that employees have continued income during the period prior to becoming eligible for weekly indemnity coverage provided to employees under Article 24.

23.03 It is understood that, in the case of permanent part-time employees with work days of varying lengths, that "one sick day" is equal to "one working day" regardless of the length of the working day at the time of the year during which the sick leave day is placed into the bank or taken.

23.04 There shall be no payout of unused sick days except, when an employee retires or leaves the employ of the municipality, a pay out of one half of the total sick days in the employee's bank will be provided to the employee. Sick leave is paid at the employee's regular rate of pay.

23.05 The Employer reserves the right to request a medical certificate for any absence in excess of three (3) days. The medical certificate must be produced by the employee, if requested by the Employer, upon his/her return to work and shall be paid for by the Employer.

23.06 An employee must notify his/her supervisor (or municipal office if unable to reach the supervisor) at the earliest possible time and in no case later than the normal time for reporting to work on the first day of absence.


23.07 Banked sick leave credits may be accessed to top-up to full normal wages when an employee is on WSIB, until such time has been depleted.

23.08 In cases where employees return to work following absence due to illness and/or injury, such employees shall be entitled to return to the same or equivalent (in terms of hours of work and wage rate) position held by them prior to the illness and/or injury.

ARTICLE 24- HEALTH AND WELFARE

24.01 Insured Benefit Coverage

The Employer shall pay the premium cost to provide Health and Welfare Plans to permanent full time and permanent part time employees, Harbour Master, Assistant Harbour Master and Facilities Attendant (Tobermory) as set out in Group Insurance Plans 100144 (Sunlife) and #1614 (Greenshield). During the Harbour Master, Assistant Harbour Master and the Facilities Attendant lay-off, these positions will be required to pay full benefit premium cost.

Vision care coverage at three hundred dollars ($300.00) every twenty-four (24) months, and coverage to a maximum of seventy-five dollars ($75.00) every twenty-four (24) months for an eye examination by an optometrist.

The Dental Plan premiums are to be one hundred percent (100%) Employer paid. Procedures that are covered by the plan are covered at one hundred percent (1 00%) of the current ODA rate. The recall period is nine (9) months for adults and children over sixteen (16) years of age.

24.02 Benefits for Retirees

When an employee retires on an OMERS pension after more than fifteen (15) or more years of service with the Employer between age sixty (60) and sixty-five (65), the Employer and the employee shall each pay fifty percent (50%) of the premiums. Employees with thirty (30) years or more, between age 60-65, the Employer will pay seventy-five percent (75%) and the employee will pay twentyfive percent (25%) of the premiums for group life, extended health including prescription drugs, vision care and dental. Coverage for these benefits will be on the same basis as permanent fulltime and permanent part-time employees.

24.02 The Employer shall pay for each participating employee its cost of the benefit plans except that, in the case of absence for illness, the Employer's contributions will be made to the above plans to a maximum of six (6) months from


commencement of absence or the run out of his/her sick leave bank, whichever is later for each participating employee on the seniority list. Thereafter, the employee may pay the full premiums by the fifteenth (151

h) day of each month if permitted by the Carrier. Continuation of benefit plans beyond the six (6) month period stipulated above shall be subject to any rules, regulations or current policies of the insuring carrier(s).

24.04 Change of Carrier

Any change of the insurance carrier will not lessen current coverage.

Whenever the Employer decides to "go to market" and consider whether or not to remain with the current insurance carrier, the OPSEU Benefit Trust shall be given an opportunity to bid on the business.

24.05 Pension Plan

All full-time employees of the bargaining unit shall be enrolled in the OMERS Pension Plan as a condition of employment.

All other employees shall be offered the opportunity to participate in the OMERS Pension Plan as soon as they have worked seven hundred (700) hours in each of two (2) consecutive years or have earned thirty-five percent (35%) of the YMPE under the CPP in each of two (2) consecutive years.

ARTICLE 25 -UNIFORM ALLOWANCE

25.01 The Employer agrees to provide the following uniform and boot coverage:

(a) Winter/Summer Safety Boot Allowance (Works, Landfill, Arena and Marina)

Full Time- $175.00

Part Time & Seasonal- $125.00 (Receipts to be provided so management can monitor when an increase should be considered)

The foregoing shall be payable, by separate cheque annually. Employees shall ensure that the boots meet applicable safety standards for the job and shall wear the boots while at work.

(b) Safety Clothing (Works and Landfill, and Chosen by the Employer)

The Employer will also provide:


- one (1) summer coat initially and replaced on an as-needed basis. - one (1) winter coat and bib overalls or insulated coveralls (without winter

coat) initially and replaced on an as-needed basis; - T-shirts- three (3) FT, two (2) PT by May 1st each year; - shop coveralls- one initially and replaced on an as-needed basis.

25.02 The present practice with respect to uniform provision for marina employees shall continue.

25.03 Arena employees will be supplied with one (1) summer coat initially and replaced on an as-needed basis and one (1) winter coat initially and replaced on an asneeded basis.

25.04 All Clothing supplied by the Employer will be worn by the Employees.

ARTICLE 26- DEVELOPMENTAL TRAINING

26.01 The Employer may assist employees who attend training programs, at approved institutions, off the premises outside their working hours, where such training relates to jobs within the unit. Such assistance may include reimbursement for tuition fees and transportation and other incidental expenses incurred by the employee, and shall not be in excess of one hundred and twenty-five dollars ($125.00) per year, per employee, and shall be paid at the discretion of the Employer upon application by interested employees. Such requests, if made in writing prior to the taking of the training, shall not be unreasonably withheld. Incidental expenses may include books.

ARTICLE 27- MEDICAL CERTIFICATES/EXAMINATIONS

27.01 Any medical certificate requested by the Employer shall only be required to state that the employee was unable to carry out his/her duties and the prognosis for return to duty.

27.02 Should the Employer require an employee to submit to a medical examination as a condition of employment, the employee may have the examination performed by his or her own doctor. The medical examination shall be at the Employer's expense and the Employer and the employee shall receive a written copy of the doctor's report.

27.03 The confidentiality of health and medical information of employees is recognized by the Employer and the Union. Therefore, Employer and Union Representatives who have access to this information will ensure its confidentiality.


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The Employer and the Union agree that medical information of an employee will not be divulged to a third party without his/her consent, as required by the Employer's insurer or as authorized by law.

ARTICLE 28 -WORKPLACE SAFETY AND INSURANCE

28.01 The Employer shall provide to the Health and Safety Committee with a copy of the Employer's report of injury or disease (Form 7) prior to submitting same to the Workplace Safety and Insurance Board in order to give the Health and Safety Committee an opportunity to discuss with the Employer any errors or omissions which may exist. The Employer agrees to provide any other prescribed information and/or correspondence hetween the Employer and the WSIB regarding an employee's WSIB claim to both the Health and Safety Committee and the injured employee.

The prompt delivery of any prescribed document or form to the WSIB shall not be denied or delayed as a result of compliance with this clause.

ARTICLE 29 - EMPLOYEE RECORD

29.01 Clearing of the Record

Any letter of reprimand, suspension or other sanction will be removed from the record of an employee twenty-four (24) months following the receipt of such letter, suspension or other sanction provided that such employee's record has been discipline free for twenty-four (24) months. Any leaves of absence exceeding thirty (30) calendar days within the above twenty-four (24) months would extend the twenty-four (24) month period by a period of time equal to the length of the leave.

ARTICLE 30 -GENERAL

30.01 Legal Liability Insurance

The Employer shall maintain sufficient insurance coverage to protect employees against any civil action initiated against an employee by virtue of the performance or non-performance of the employee's employment duties.

30.02 Copies of the Agreement

The Union and the Employer will share an electronic copy of and the cost of printing sufficient copies of the Collective Agreement in booklet form to be provided to all members and managers, supervisors and each member of the Employer Council.


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30.03 Tools and Equipment

The Employer will continue the practise of supplying tools and equipment required by employees for the performance of their duties. Replacements will be made upon return of the unserviceable equipment.

30.05 Licenses

The Employer will reimburse employees all fees and directly related costs incurred for renewal of licenses above Class "D", required in the course of employment. Receipts will be required.

ARTICLE 31 -RETROACTIVITY

31.01 An employee who has severed his employment between the termination date of this Agreement and the effective date of the new agreement shall receive the full retroactivity of any increase in wages.

ARTICLE 32 - DURATION

32.01 This Agreement shall be binding and remain in effect from January 1st, 2011 until December 31, 2013 and shall continue from year to year thereafter unless either party gives the other party, notice in writing, of its desire to amend this Collective Agreement.

32.02 Notice of intent to bargain for a new Collective Agreement shall be in accordance with the Labour Relations Act.

DATED THIS /7 DAY OF f!)C /o/J fifL , 2011, IN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA, ONTARIO.

FOR THE EMPLOYER


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JUN 27,2010- JUN 25, 2011 SENIORITY LIST

DATE OF TOTAL HOURS TOTAL HOURS TOTAL EMPLOYEE HIRE HOURS SENIORITY FOR SENIORITY FOR SENIORITY

FOR 2008- ASOF JUN AS OF JUN 2010- AS OF JUN 2f 2009 27,2009 2009-2010 26,2010 2011 2011

FULL TIME

GATLEY, JEFF DEC 27,2007 2347.5 2684.50 2142.50 4827.00 2302.50 7129.5

GIEFERT, VICTOR FEB 16,2007 2133 5108.00 2036.50 7144.50 2128.50 9273.0

GOLDEN, LANCE JUN 17, 2003 2274.5 13532.00 2158.00 15690.00 2197.50 17887.5 HELLYER, CYRIL DEC 20, 1999 2324.5 22150.50 2279.50 24430.00 2457.00 26887.0

HOFSTRAND, BOB APR 18, 2006 2165 6136.00 2214.50 8350.50 2198.00 10548.5 MCLAY, PAUL JUN 30, 2004 2249.5 10241.50 2138.00 12379.50 2250.00 14629.5 MIELHAUSEN, JEFF SEP 12,2010 1723.00 1723.0

MYLES, MURVIN MAY 17,2010 260.50 260.50 2333.00 2593.5

SARNOVSKY, JOHN FEB 2, 1991 2167 21589.50 2239.50 23829.00 2188.00 26017.0

SPAULDING, JOE MAY?, 2007 2369 4990.50 2191.50 7182.00 2333.50 9515.5

TYNDALL, BILL FEB 4, 1993 2269 35364.75 2142.50 37507.25 2164.00 39671.2

PART-TIME

ROBBINS, DALE MAY 17, 1993 1540 22468.00 1487.00 23955.00 1626.50 25581.5

MARTIN, MERV JUL 24,2000 1495 11536.50 1541.50 13078.00 RETIRED

CASUAL

CAMERON, LARRY MAY31, 2010 40.00 40.00 218.00 258.0

SEASONAL

AD,l\MS, GREIG MAY 18, 2007 579 1435.00 773.50 2208.50 736.50 2945.0

DEAN, STEPHEN 2-Jun-1 0 184.00 184.00 1014.00 1198.0 HALL, JUSTIN AUG 18, 2008 458 458.00 522.50 980.50 717.50 1698.0

HODGE, KEN APR 25,2001 1259.5 9687.50 1392.50 11080.00 1276.25 12356.2

MACPHATTER, MOE OCT 12,2005 1955.5 7863.50 1993.50 9857.00 2166.50 12023.5

MCARTHUR, TROY MAY 27,2010 21.00 21.00 21.0 MCLAY, MIL TEN APR 7, 2008 1125.5 2167.50 1332.00 3499.50 1213.50 4713.0

PHILIPS, TED MAY20, 2005 947.5 3706.50 955.50 4662.00 962.00 5624.0

STANDEN, DON MAY 4, 2010 43.00 43.00 43.0

WATSON, CARLA MAY 16, 1992 1402.5 18798.25 1230.00 20028.25 1355.50 21383.7


Schedule B -Wages

Eff t' J ec 1ve 1 2011 anuary ,

Classification Start 6 months 12 months 24 months

Public Works Foreman $22.47 $23.41 $24.37 $25.39

Arena foreman/Recreation Facilities Operator $19.48 $20.29 $21.13 $22.01

Public Works -Level1 $18.94 $19.73 $20.55 $21.41

Harbour Master

Heavy Equipment Operator

Waste Management Equipment Operator

Public Works - Level 2 $17.88 $18.61 $19.39 $20.20

Arena and Facilities Attendant

Labourer/Light Equipment Operator


General Labourer

Landfill Attendant

Harbour Master Assistant

Public Works - Level 4 $16.54 $17.23 $17.95 $18.70 Harbour Attendant

Museum Attendant

Facilities Attendant

Part-time/ Casual


Eff f J ec 1ve 1 2012 anuary ,

Classification Start 6 months 12 months 24 months

Public Works Foreman $22.70 $23.65 $24.62 $25.65 Arena foreman/Recreation Facilities Operator $19.68 $20.49 $21.34 $22.23

Public Works -Level1 $19.13 $19.92 $20.76 $21.63 Harbour Master Heavy Equipment Operator


Public Works - Level 2 $18.06 $18.80 $19.59 $20.40 Arena and Facilities Attendant


Public Works - Level 3 $17.23 $17.95 $18.70 $19.48 General Labourer Landfill Attendant Harbour Master Assistant

Public Works - Level 4 $16.71 $17.40 $18.13 $18.88 Harbour Attendant Museum Attendant Facilities Attendant Part-time/ Casual


Eff f J ec 1ve 1 2013 anuary , Start 6 months 12 months 24 months

Classification

Public Works Foreman $23.15 $24.12 $25.11 $26.16

Arena foreman/Recreation Facilities Operator $20.07 $20.90 $21.77 $22.67

Public Works -Level 1 $19.51 $20.32 $21.17 $22.06

Harbour Master Heavy Equipment Operator



Arena and Facilities Attendant


Public Works - Level 3 $17.57 $18.31 $19.07 $19.87 General Labourer Landfill Attendant Harbour Master Assistant

Public Works - Level 4 $17.04 $17.75 $18.49 $19.26 Harbour Attendant Museum Attendant Facilities Attendant

Part-time/ Casual


uncontrolled copy of 2-266-567-20131231-13 · employees of the corporation of the municipality of...

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