2017-2019 COLLECTIVE AGREEMENT and Util… · the Utilities Department operating and maintenance employees and two Finance ... transfer, lay off, recall, discipline, classification,

2017-2019 COLLECTIVE AGREEMENT

Between

The Town of-Greater Napanee

and

The International Brotherhood of Electrical Workers Local #636

January 1, 2017- December 31, 2019

2017-2019 Collective Agreement Page I

Table of Contents

ARTICLE 1 -RECOGNITION ........................................................................................... 2 ARTICLE 2- RELATIONSHIP ............................................................ ..... ........................ 2 ARTICLE 3- MANAGEMENT'S RIGHTS ...................................................................... 3 ARTICLE 4- UNION MEMBERSHIP AND CHECK OFF ..................... .. ...................... 3 ARTICLE 5 - SENIORITY POSITIONS ....... ..... ... ......... ..... ... ..... ........... .... .. ..... .. ... ....... .... 3 ARTICLE 6- EMPLOYEE CATEGORIES ..................................................................... .4 ARTICLE 7- STRIKES AND LOCKOUTS .. ................................................................... 5 ARTICLE 8- GRIEVANCE AND ARBITRATION PROCEDURE ................................ 5 ARTICLE 9- HOURS OF WORK AND OVERTIME ..................................................... 7 ARTICLE 10- ON CALL OPERATOR RESPONSIBILITIES ........................................ 9 ARTICLE 11 - RECDGNIZED HOLIDAYS .................................................................. 10 ARTICLE 12- VACATIONS .......................................................................................... 11 ARTICLE 13 -EMPLOYEE AND FAMILY SICKNESS COVERAGE ....................... 12 ARTICLE 14- HEALTH AND OTHER BENEFITS ............................................ .......... 13 ARTICLE 15- LEAVE OF ABSENCE ........................................................................... 13 ARTICLE 16- BEREAVEMENT LEAVE ..................................................... ................. 14 ARTICLE 17- CLOTHING AND PERSONAL SAFETY EQUIPMENT ..................... 14 ARTICLE 18- BARGAINING UNIT ACTIVITIES ....................................................... 15 ARTICLE 19- INCLEMENT WEATHER ...................................................................... 15 ARTICLE 20- RETIREMENT BENEFITS ........................................ .. .......................... 15 ARTICLE 21- QUALIFICATIONS ................................................................................ 15 ARTICLE 22- JURY DUTY ........................................................................................... 17 ARTICLE 23 - WAGE GRID ........................................................................................... 17 ARTICLE 24- MOTOR VEHICLES ............................................................................... 17 ARTICLE 27- WORK FORCE RESTRUCTURING ..................................................... 17

2017-2019 Collective Agreement Page 2

ARTICLE 1 - RECOGNITION

1.01 The Town of Greater N apanee (Hereinafter referred to as the Town) recognizes Local #636 of the International Brotherhood of Electrical Workers, (AFL-CIOCLC) as the exclusive bargaining agent (Hereinafter referred to as the Union) for negotiating working conditions, hours of work, wages and benefits on behalf of the Utilities Department operating and maintenance employees and two Finance Department office and clerical staff supporting the Utilities Department operations of the Town and recognizes this agreement.

1.02 This Agreement does not apply to management; engineering staff; part-time employees; students; short-term employees; or those employees with supervisory responsibilities.

1.03 Both parties recognize that from time to time changes to labour regulations may negate terms within the agreement. In such situations the regulation will be followed and neither party has the right to renegotiate the agreement so as to make up for any losses or detrimental effect which such regulation may have or be deemed to have on either party. For clarification purposes labour regulations refer to Labour Relations Act 1995 or as amended, Ontario Human Rights Code or the Employment Standards Act 2000 or as amended.

1.04 The Term of this Agreement shall be for 3 years, covering 2017, 2018, and 2019.

ARTICLE 2- RELATIONSHIP

2.01 The Town and the Union agree that no employee shall be discriminated against, coerced, restrained nor influenced on account of membership or non-membership in a Union.

2.02 The Employer and the Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced with respect to any member of the bargaining unit in the matter of hiring, wage rates, training, promotion, transfer, lay off, recall, discipline, classification, discharge or otherwise by prohibited grounds of discrimination as in the Ontario Human Rights Code, nor in the exercise of his or her rights under this Agreement.

2.03 The Employer and the Union agree that no employee shall be subject to sexual or workplace harassment and agree to take such actions as necessary to assure that this purpose is achieved. The Employer's Workplace Violence and Harassment Policy shall be posted on identified bulletin boards in each department and further, such policy not be amended or rescinded without notification to the Union.

2.04 The Employer agrees to provide the Union in January of each year the current mailing address of each member of the bargaining unit.

2.05 The Employer agrees to grant all members of the bargaining unit access to their personnel files during regular working hours. Such permission shall be arranged through each employee's immediate supervisor.


2.06 The Employer agrees to provide five (5) signed and sealed Collective Agreements to the Union after the final draft has been approved.

ARTICLE 3- MANAGEMENT'S RIGHTS

3.01 The Union acknowledges the rights of the Town to manage its business and to direct its working forces, but without restricting the generality of the foregoing, the Town's rights shall include the rights: to hire and control the working force; transfer, assign, promote, demote, classify, lay-off, recall employees; to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, and to suspend and discharge regular employees for just cause.

3.02 In the event the Union disputes such rules and regulations, the Union shall have the right to file a policy grievance in respect hereof and the balance of the Grievance and Arbitration Procedures shall apply.

ARTICLE 4- UNION MEMBERSHIP AND CHECK OFF

4.01 The Town agrees to acknowledge and comply with check off authorization for Union Dues in accordance with the following:

a) The Town agrees to deduct Union dues from each pay period in the month from its employees covered by this agreement commencing from the date of hire.

b) The Town agrees to deduct an amount equivalent to the regular monthly dues as certified in writing by the Union from the pay of each employee as per Section 47 of the Labour Relations Act of Ontario the amounts so deducted shall be forwarded to the Union so that they are received by the Union no later than the 15th day of the month following the month in respect of which the dues are deducted and shall be accompanied by an alphabetical listing of the names of each employee, on behalf of when the deductions were made and the amount deducted on behalf of each employee and information upon which such deductions were calculated. New employees shall have the initiation fee deducted from the first pay period. The Union will notify the Town of the initiation fee.

c) Union dues and initiation fee certified in writing to the Town by the Union shall be the amount deducted.

d) The Town will inform the Union in writing, posted within five (5) working days of the engagement of probationary, temporary and regular employees

4.02 The Union agrees to save the Town harmless and to indemnify the Town with respect to any claim made against the Town by any employee or group of employees arising from the deduction of Union dues as provided herein.

ARTICLE 5 - SENIORITY POSITIONS

5.01 "Seniority" shall be the length of service with the Town and its predecessors, since the date of last hire as a regular employee.

2017-2019 Collective Agreement Page4

5.02 When it is necessary to decrease the working force or where an employee is "bumped" by a returning employee with the necessary seniority, the following procedure shall be followed:

a) Employees shall be laid off in the reverse order of seniority, providing the employee who is retained through seniority has the skill, ability and qualifications necessary to perform the work required.

b) When recalling employees to work after layoff, they shall be recalled in reverse order to that of the layoffs, providing the employee who is recalled has the skill, ability and qualifications necessary to perform the work required.

5.03 An employee shall lose bargaining unit seniority and the employee's name shall be removed from the records if the employee:

a) Quits voluntarily;

b) Is discharged;

c) Retires;

d) Is laid off or otherwise does not work for the Town for a period exceeding twelve (12) consecutive calendar months;

e) Fails to report for work after a lay-off, within three (3) working days following the date of notice of recall. Notice of recall shall be deemed to be carried out when a registered letter is delivered to the last known address of the employee that has been registered with Management and/or the Town.

f) Becomes permanently disabled and is or will be unable to perform any available meaningful work for the Town within one year of such circumstances. This clause shall be interpreted under the WSIA.

ARTICLE 6- EMPLOYEE CATEGORIES

6.01 "REGULAR" employees for the purpose of this agreement means persons who have satisfactorily served a probationary period and who are employed in full time positions. Categorization as a regular employee does not imply a Town obligation to provide employment.

6.02 "PROBATIONARY" employees for the purposes of this agreement means persons hired on trial to determine their suitability for continuing employment in a regular position. An employee shall be considered probationary for a period of three (3) months. If at the end of this period Management feels that more time is required to assess the employee's capabilities, the probationary period will be extended for a further three (3) calendar months upon notification to the Union. Having proved satisfactory by the end of this period, the employee will be credited with seniority back to the date on which the employee's probationary period began. Probationary employees will receive benefits provided for regular employees after working three (3) calendar months. Termination of probationary employees is at the sole discretion of management where management finds employee unsuitable for position.


6.03 "TEMPORARY" employees for the purpose of this agreement means persons hired for periods of up to twelve (12) months in positions of limited duration that are not likely to become part of the Town's continuing organization. Temporary employees shall not accumulate seniority, nor have recourse to the Grievance Procedure. Such employee shall be given two weeks notice of termination. Such employees are not entitled under this agreement to the benefits as stated in Article 13 (Employee & Family Sickness), Article 14 (Health & Other Plans), and Article 11.02 (Recognized Holidays). Such employees shall have their pay based on total service time with the Town but shall not receive seniority rights unless hired into a full-time position.

6.04 "PART TIME" employees for the purpose of this agreement are those who regularly work an average of twenty-four (24) hours or less per calendar week.

6.05 "SHORT TERM" employees for the purposes of this agreement means persons hired for terms not more than twenty (20) consecutive working days. Short term employees are not covered by this agreement. Such employees become "Temporary Employees" on the twenty-first consecutive day of work.

6.06 "STUDENT" employees for the purpose of this agreement means persons hired who are full-time undergraduate university or community college students or those who have graduated from the same within the past twelve (12) months. A student's employment shall not exceed four ( 4) months in any calendar year. Such students are not covered by this agreement.

6.07 "SUPERVISORY RESPONSffiiLITY" for the purposes of this agreement means persons that have direct disciplinary related responsibilities and/or perform employee evaluations. It does not include the activities of work scheduling and quality control.

ARTICLE 7 - STRIKES AND LOCKOUTS

7.01

a) The Union agrees that during the term of this Agreement there will be no strikes, slowdown or stoppage of work, and the Town agrees that there will be no lockout of its employees

b) See Letter of Understanding (LOU -1) related to a service disruption as a result of a labour dispute between the Town and ffiEW Local 636.

7.02 Definitions of a strike or lockout as per Labour Relations Act of Ontario or as amended.

ARTICLE 8- GRIEVANCE AND ARBITRATION PROCEDURE

8.01 The parties to this Agreement are agreed that it is of utmost importance to resolve complaints and grievances as quickly as possible.

8.02 A grievance shall be defined as a dispute concerning the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement


has been violated. Any employee, covered under this agreement, has the right to seek redress in accordance with the Grievance Procedure as herein after provided.

8.03 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.

8.04

8.05

a) The Steward or alternate Steward will accompany all employees when meeting with Management where disciplinary action may be taken. Management agrees to normally provide twenty-four (24) hour notice to the Employee(s) and the Steward prior to conducting this meeting.

b) All letters of reprimand, discipline, suspension or verbals that are documented shall be given to the Employee and the Steward and/or the Union Business Representative.

a) Grievances shall be settled as follows:

b) Step 1: An aggrieved employee shall present in writing, with the assistance of a steward, the employee's grievance to the Manager. Should no settlement to the satisfaction of the grieving employee be reached in writing within three (3) working days, the employee may within seven (7) working days proceed to Step 2.

c) Step 2: The grievance shall be submitted in writing to the Town or its appointee, who shall meet with the Union committee not later than the next general meeting or Closed Session meeting of the Town in an endeavour to settle the grievance. If final settlement of the grievance is not completed within ten (10) working days after the date of the Town meeting, the grievance may be referred to a Sole Arbitrator by either party within twenty (20) working days after the date of the Town meeting as herein provided.

8.06 Any time mentioned in the Grievance Procedure may be extended by mutual consent of the conferring parties. The time limits for grievance handling as described herein are made mandatory. Mutual agreement in writing only shall constitute waiver of these limits.

8.07 Should a difference arise between the Town and Union regarding the interpretation or alleged violation of this Agreement, it shall be taken up at Step 2 of the Grievance Procedure as outlined. The same procedure will apply where there is a difference between the Town and the Union affecting a number of employees. No matter which could be grieved by an employee or group of employees shall be submitted as a Union grievance under this Article. It is understood and agreed that notwithstanding the above, the Union may submit a policy grievance relating to the interpretation or alleged violation of this agreement which affects the bargaining unit as a whole with seven (7) working days of the alleged violation or the date that the Union became aware (or ought to have become aware) of the circumstances giving rise to the grievance.


8.08 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, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference of allegation to arbitration. The Sole Arbitrator shall hear and determine the difference of allegation and shall issue a decision and the decision is final and binding upon the parties and upon the employee(s) affected by it. The decision of the Sole Arbitrator governs. The costs and expenses of the Sole Arbitrator shall be borne equally by both parties.

8.09 The Sole Arbitrator shall not be authorized to make any decision inconsistent with the provision of this Agreement nor alter, modify or amend any part of this Agreement or adjuncts hereto.

8.10 All letters of reprimand, discipline, suspension or verbals that are documented shall be removed from the employee's personnel file twenty-four (24) months from the documented date.

ARTICLE 9 - HOURS OF WORK AND OVERTIME

9.01 The regular work week for operating and maintenance employees shall consist of forty (40) working hours from Sunday to Saturday. There shall be a scheduled one-half ( 112) hour per day unpaid rest period through the shift.

The regular work week for office and clerical employees shall consist of thirtyseven and one-half (37.5) working hours from Monday to Friday inclusive at seven and one-half (7 .5) hours per day. There shall be a scheduled one-half ( 112) hour per day unpaid rest period through the shift. New or replacement office and clerical employees will move to a 35 hour work week. Office and clerical employees are eligible for "Town summer hours, as per By-law No. 2016-0060, as amended" if permanently moving to a 35 hour work week. Summer hours are exclusively at the discretion of each office and clerical employee.

9.02 In case of any major changes in the work schedule, two (2) weeks notification will be given to all employees affected by the change.

9.03 Employees shall be granted a ten (10) minute rest period during the first and last halves of their shift.

9.04 a) Time worked in excess of an employees' scheduled shift shall be paid or otherwise compensated at 2.0 times the regular rate. Employees have the option to bank overtime in-lieu to a maximum of twenty-four (24) hours. Overtime shall be banked at the rate worked. Any time banked must be scheduled prior to November 30th in the calendar year accumulated and no banked overtime may be carried forward between calendar years. Overtime once banked will not be paid out as cash prior to November 30th of any calendar year. Time-in-lieu of overtime that remains unscheduled as of November 30th in any calendar year will be paid out in cash.

(b) Weekend time worked shall be for the purposes of this article scheduled shifts on a Saturday and/or Sunday as well as the designated days in lieu of a statutory


9.05

holidays(s). Alternate days in lieu for statutory holidays shall be granted and approved as per Article 11.

Time worked shall be taken during the current pay period, or banked at the regular rates as "Weekend Bank Time" up to a maximum of forty ( 40) hours. For the purposes of this article, the upset limit shall be considered as a rolling limit and such employees can accumulate and use time throughout the calendar year up to the stated maximum. Any accumulated Weekend Banked Time must be scheduled prior to November 301

h and shall be taken off within the current calendar year. Time banked after December 1st of each year can be accumulated and carried into the following calendar year but at no time will the accumulation of weekend banked time be eligible for pay out as cash.

(a) Employees who work overtime for two (2) hours as a continuation of their regular shift shall receive a meal allowance of up to ten ( 10) dollars, upon submission of a receipt.

(b) Employees who work six (6) or more hours as a continuation of their regular shift shall receive an additional one-half (0.5) hours paid break plus a Town supplied meal beyond entitlement in Section 9.05 (a).

(c) An employee who is called in and works for more than four (4) consecutive hours will receive a meal allowance of up to twelve (12) dollars upon submission of a receipt, and one-half (0.5) hours paid meal break.

(d) Employee called in for scheduled overtime shall be responsible for their own meal, but after 10 hours of consecutive work shall be entitled to a meal allowance of ten ( 10) dollars with a receipt.

9.06 When an employee is called back to work while on vacation, double time pay shall apply plus time off equal to the time worked.

9.07 Employees called back for approved overtime shall receive a minimum of two (2) hours at overtime rates. Employees called back within two (2) hours of the start of a regular scheduled shift shall be compensated at the applicable overtime rates from the time called to the start of their regular shift and shall not be considered as a call out.

9.08 Overtime shall be taken to the nearest one half (0.5) hour after the end of overtime work.

9.09 Rest Period- For the determination of rest period, the workday will be considered to be the twenty-four (24) hour period beginning at the start time of an employee's regular scheduled shift. An employee will normally be granted eight (8) hours of continuous rest after working sixteen ( 16) hours in a twenty-four (24) hour workday. Should the rest period extend into the next scheduled workday the employee shall receive regular pay for that time. This will be known as "paid rest". If an employee works between the hours of 1:OOam and 4:00am, the employee will normally be granted, "paid rest" for the actual time worked (based on 1 hour increments) at the beginning of their next scheduled workday unless hours worked are Friday or Saturday morning (1:00am-4:00am) unless followed by a scheduled workday. If an


employee works between the hours of 4:01am and the start of their next scheduled workday, no rest period applies.

9.10 All overtime opportunities will be offered to full-time employees before students, part-time or temporary employees.

9.11 Flex time is defined as the approved continuation of a regular shift up to a maximum of one (1) hour. Time shall be mutually agreed by both parties and must be taken off within the current pay period. If the approved continuation of work exceeds one (1) hour, overtime rates shall apply as per Article 9.04 (a).

ARTICLE 10- ON CALL OPERATOR RESPONSIBILITIES

10.01 "On-Call Operator" for the purposes of this agreement means an operator who has a duty to be ready to respond to an emergency during those hours when the Town facilities are not being directly supervised by an operator.

10.02 "Emergency" for the purpose of this agreement means a situation which requires immediate attention and it includes but is not limited to the following:

a) An alarm is received from a plant, station or other facility.

b) A water main appears ruptured or is ruptured.

c) The loss of water or sewer services to a customer or customers.

d) A facility requires an operator to be present, as an example, the on call person attending the A.L. Dafoe Purification Plant during a major fire.

10.03 The on-call operator shall handle all emergencies without help, unless extra help is needed for safety reasons, because the scope of work requires additional work force or the situation requires specialized help. The on-call operator shall contact a manager if additional help is required. If a manager cannot be reached within a reasonable time then the on-call operator has the authority to proceed with calling in additional help. Scheduled overtime shall be as directed by management and will be solely based upon experience and ability.

Rotating lists shall be established and reviewed by management.

a) A rotating list for general help shall be posted in the On-Call binder and shall be shared equitably by all operators.

b) A rotating list for specialized help shall be posted in the On-Call binder and shall be shared equitably by all qualified operators.

10.04 The On-Call Operator shall remedy the emergency in a manner sufficient to allow for on going service until the next scheduled working day.

10.05 The On-Call Operator's overtime for response to an emergency for paid purposes shall start at the end of that employee's scheduled work day.

10.06 The On-Call Operator shall be prepared to handle emergencies from sixty (60) minutes before the end of the scheduled work day to thirty (30) minutes after the start of the next scheduled work day. For the purposes of this paragraph only, the scheduled work day shall include those times on weekends and holidays when an operator is on duty.


10.07 On-Call Operators shall be prepared to respond to an emergency by being at the A.L. Dafoe Purification Plant within thirty (30) minutes of receiving notice of the emergency.

10.08 The Town will provide the On-Call Operator with a cellular telephone and a Town vehicle. Regardless, On-Call Operators shall ensure that there is a method by which they can be contacted immediately.

10.09 On-Call Operators shall attempt, where possible, to resolve the emergency by telephone conversation. Such events shall not be considered overtime for pay purposes.

10.10 Travel costs to travel to and from the A.L. Dafoe Purification Plant at the start and end of the call out shall not be reimbursed by the Town.

10.11 On-Call Operators who respond by travelling to the A.L. Dafoe Purification Plant or to the site of the emergency shall be paid at the applicable overtime rates starting at the time the call out was received.

10.12 Pay for overtime purposes for subsequent calls within the time for which pay is given shall not be considered as separate call backs for overtime pay purposes.

10.13 An On-Call Operators duty list shall be posted eight (8) weeks in advance. All qualified operators shall share duties equitably.

10.14 The On-Call duty week shall start at the end of work Wednesday to start of work the subsequent Wednesday.

10.15 On-Call Operator duties may be shared between qualified employees. Where one employee accepts the entire week's duties from another, the replacement employee shall receive the on-call duty allowance.

10.16 A rotating list of operators wishing to take extra on-call duties shall be posted.

10.17 The allowance for on-call duty shall be as follows:

1.5% Increase for 2017 - $177.71

1.5% Increase for 2018-$180.38

1.5% Increase for 2019 -$183.09

10.18 The designated on-call operator shall be scheduled for shifts on weekends, statutory holidays and designated days in lieu for statutory holidays that fall within the approved on-call schedule.

ARTICLE 11 - RECOGNIZED HOLIDAYS

11.01 All regular employees and probationary employees but excluding temporary employees, shall receive a day off, with a normal day's pay, during the regular work week for the eight (8) recognized statutory holidays that follow: New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, & Boxing Day providing such employee has worked the employee's full regular shift before the holiday and the employee's full regular shift following the holiday, unless:

2017-2019 Collective Agreement Page II

a) The employee is receiving sick leave benefits;

b) The employee is on Worker's Compensation; or

c) Special permission is granted by Management

d) On paid vacation

11.02 Payment of Statutory Holidays shall not be less than the calculation stipulated in the Employment Standard Act of Ontario, 2000 or as amended.

11.03 The following days will be treated as per the guidelines for statutory holidays as stipulated in the Employment Standards Act of Ontario, 2000 or as amended:

a) Easter Monday

b) Civic Holiday

c) Family Day

d) Remembrance Day

If Remembrance Day falls on a weekend or on a municipal election day, the offices shall remain open the following Monday and employees shall be given one additional vacation day that year. When any other holiday falls on a Saturday or Sunday and the employee is not scheduled to work, the following Monday shall be taken as the holiday. Employees scheduled to work shall receive pay at a rate of time and one-half for hours worked and shall determine with Management an alternate day off in lieu for the holiday within the same pay period.

11.04 In addition to Recognized Holidays, the Town shall grant additional time off with regular pay to employees as soon as practically possible after 12 pm (Noon) on the last regular work day prior to Christmas Day and New Years Day, based on the operational situation of the Town on that day.

ARTICLE 12 - VACATIONS

12.01 Vacations with pay will be granted to all employees of the Town with less than one (1) year of service in accordance with the Employment Standards Act of Ontario, 2000 or as amended.

12.02 Employees with one (1) year of service or more as of January 1st, the start of work of any one year shall receive vacation with pay during such year as shown in Table 1

20 17-20 19 Collective Agreement Page 12

Table 1 -Vacation Provisions

In the calendar year of the 1st anniversary 2 weeks

and each year thereafter

In the calendar year of the 3rct anniversary 3 weeks And each year thereafter In the calendar year of the 8th anniversary

4 weeks and each year thereafter

In the calendar year of the 15th anniversary 5 weeks


In the calendar year of the 25th anniversary 6 weeks


12.03 The dates of such vacation shall be chosen by the employees, finally assigned and confirmed to each employee by Management and/or the Town, based on work scheduling requirements. Employees shall not normally be granted more than two weeks vacation during the period of July 1st to August 31st. Written request regarding any exceptions to this clause will be considered by Management and/or the Town.

12.04 Vacation time may not be accumulated, carried over nor shall unused vacation time be reimbursed, unless prior authorization is given by Management.

12.05 After June 30 of each year, employees shall provide Management with a tentative schedule of remaining vacation days. All staff must take a minimum of two (2) weeks in each calendar year. Carryover can be requested but at discretion of Management to approve.

ARTICLE 13- EMPLOYEE AND FAMILY SICKNESS COVERAGE

13.01 Schedule A will reflect Sunlife benefits as attached and will include Chartis AD&D benefits as attached.

13.02 The Town agrees to compensate all regular employees for the first three consecutive calendar days or any part thereof each sickness or medical need for a maximum of fifteen (15) days in the calendar year. The Town may require that employees provide a doctor's written proof of illness for each absence after a total of eight (8) accumulated days of such absence in a calendar year. Cost of medical notes is at the expense of the Town to a maximum yearly reimbursement of ($1 00) one hundred dollars. This benefit also applies to time off by an employee to care for the medical needs of an immediate family member, as listed in Article 15, and for the birth of a members' child.

13.03 Unused sickness days and thereafter unused vacation time may be used at the employee's request to "top-up" benefits received while on short term disability as set out in Article 14.04 or workers' compensation to a maximum of "top-up" and


benefits equalling 95% of an employee's regular wage. Unused sickness days can be carried forward to future years to be used for this purpose only.

ARTICLE 14- HEALTH AND OTHER BENEFITS

14.01 The Town agrees to pay the premiums necessary to maintain in force health and insurance benefits as per Current Schedule A attached.

14.02 The Town agrees to pay the premiums necessary to maintain in force dental coverage as per Schedule A attached.

14.03 Long term disability premiums will be paid by the Town with a no opting out provision.

14.04 Short term disability compensation will be provided to employees covered by this agreement through a combination of Employment Insurance and Town "top-ups" as per the agreement with Human Resources Development Canada. The initial proposals are attached as Schedule B to this agreement.

14.05 The benefits of paragraphs 14.01 and 14.02 of this article shall continue throughout short term disability as provided in 14.04. The benefits of 14.01 of this article shall continue for one year of an employee receiving long term disability as provided in 14.03, subject to the recipient maintaining a one hundred (100) km radius from the Town offices.

14.06 The Town may change insurers subject to the provision that the coverage provided equals or exceeds that in the noted plans. The Union is to be provided with a thirty (30) day notice period.

ARTICLE 15- LEAVE OF ABSENCE

15.01 Regular employees may be granted leave of absence without pay, subject to the ability of the Town being able to continue to provide its mandated services with no lowering of the standard of service. Employees on a leave of absence without pay for less than 30 calendar days will retain their benefits, wage grid standing and continue to receive seniority credits. Employees granted leave of absence without pay may, at the discretion of management, retain wage grid standing and where allowed by insurers benefits in Article 14 with such costs paid by the employee.

15.02 Supplementary Unemployment Benefits

The employer will provide supplementary unemployment benefits (top-up) for employees with more than one ( 1) year of service for periods of time they are in receipt of Employment Insurance Benefits (EI) during the Pregnancy or Parental Leave/Adoption. The top-up of the EI Benefits will be to seventy-five (75%) of the employee's regular weekly earnings (total of EI Benefits and top-up will not exceed seventy-five (75%) of regular weekly earnings). For Pregnancy Leave, the top-up is for the period the employee was in receipt of EI Benefits to a maximum of fifteen (15) weeks. For Parental Leave/ Adoption, the top-up is for a maximum of ten (10) weeks while in receipt of EI Benefits.


ARTICLE 16 - BEREAVEMENT LEAVE

16.01 In the case of death in the immediate family of an employee (spouse or child), the Town shall grant to regular and probationary employees a leave of absence with pay not to exceed five (5) work days for the purpose of attending or making arrangements for the funeral. Other family members for the purpose of this agreement include mother, father, sister, brother, mother-in-law, father-in-law, grandchildren, sons-in-laws, daughters-in-laws, brothers-in-laws, sisters-in-laws and grandparents. The Town shall grant to regular and probationary employees a leave of absence with pay not to exceed three (3) work days for the purpose of attending or making arrangements for the funeral for other family members. In the case of an aunt or uncle of an employee or an employee's spouse, the Town shall grant leave of absence with pay not to exceed one (1) day.

16.02 In the event that the employee is unable to attend the funeral due to travel distance, the employee shall be allowed the same paid time as per Article 16.01 to grieve.

ARTICLE 17- CLOTHING AND PERSONAL SAFETY EQUIPMENT

17.01 The Town shall supply all personal safety equipment and/or clean laundered clothing as follows (must comply with Ministry of Labour traffic safety regulations):

a) Rain gear

b) Rubber boots

c) Coveralls, shop coats and/or long or short sleeve summer shirts

d) Winter weight jackets or parkas

e) Summer weight jackets

f) Eye protection

g) Traffic vests (if clothing not so marked)

h) Hearing protection

i) Construction helmets

j) Gloves

k) Arc flash related safety equipment as defined or required by job description

17.02 The Town shall provide an annual maximum allowance of $500.00 dollars to each employee for the purchase of the following clothing and safety equipment and shall be reimbursed based on actual costs after submitting receipts:

a) Class 1 Safety footwear

b) Summer shirts

c) Trousers

2017 2019 Colkcti ve Agreement Page 15

17.03 All staff are required to wear required safety clothing as per Town Policy and the Ontario Health & Safety Act and clothing must be purchased, maintained and worn in a fashion that upholds the professional image of the Town.

ARTICLE 18 - BARGAINING UNIT ACTIVITIES

18.01 Regular and probationary employees may undertake bargaining unit activities during the work day and shall suffer no loss of regular pay under the following conditions:

a) Meetings with management including grievance, labour management and contract negotiations up to and not including conciliation

b) Other activities subject to management prior approval.

ARTICLE 19 -INCLEMENT WEATHER

19.01 Management will, when in management's opinion inclement weather precludes outside work, provide alternative inside work to regular and probationary employees so long as meaningful inside work exists. Management may, under such conditions, not call in or may end a work day early for temporary employees. This section does not apply to office and clerical employees.

ARTICLE 20 - RETIREMENT BENEFITS

20.01

(a) An Employee who has twenty-five (25) years or more of continuous employment with the Town shall receive a premium of twenty-five (25) days pay at normal rates upon retirement from the Town. This premium shall be paid within ten (10) working days of their last day of work.

(b) An Employee who has (15) fifteen years or more continuous employment with the Town upon retirement and is at least (55) fifty-five years of age the Town shall continue to pay 50% of the benefit premium until the retired employee reaches the age of (65) sixty-five.

ARTICLE 21 -QUALIFICATIONS

21.01 The parties recognize the criteria and responsibilities set forth in the Licensing Regulation 0. Reg. 128/04 (as amended).

21.02 All positions shall have the necessary qualifications clearly stated on the job description. Such qualifications may include but are not limited to Ministry of Environment Certification, Driver's license, First Aid, CPR, and Confined Space Entry.

21.03 Regular employees with more than two years service credit or seniority as of January 1st, 1992 shall not be released from employment for failure to attain the stated qualifications.


21.04 A new employee may be hired who does not have the necessary qualifications. In such cases, employees shall have one year to attain the necessary qualification(s). New employees who fail to gain the needed qualification(s) by the end of the year may be released from employment.

21.05 Regular employees may be moved, by mutual consent, to a position for which he/she does not hold the stated non-licensing related qualification(s). Such employees shall have one year to gain the necessary qualifications, failure to do so may result in the employee being returned to his or her former position and wage.

21.06 An employee who loses qualifications, other than a driver's license, which would preclude continued employment in the position held may be released from employment or placed in a position for which the necessary qualifications are held and in such cases pay shall be so adjusted as set forth in the job description.

21.07 An employee who requires a driver's license and who loses this license for six months or less for other than criminal or highway traffic act offenses shall continue to be employed by the Town. An employee who requires a driver's license and who loses it for more than six months for other than criminal or highway traffic act offenses may be released from employment, subject to the requirements, if applicable, of the Human Rights Code.

21.08 An employee who requires a driver's license and who loses it as the result of a criminal or highway traffic act offense for a period of less than one year plus one day, as a first such offence, shall be paid at 90% of their normal pay until the license is revalidated.

21.09 The Town will facilitate the training necessary to attain all qualifications required for a position, except driver's license and Ministry of the Environment Certification. Failure to achieve a pass standard while on a course to achieve necessary qualifications as set forth in a job description and for other than a drivers license or certification, and which was provided for by the Town, may be deemed as lack of or loss of qualification.

21.10 The Town agrees to pay all costs at Town rates for training courses approved by the Town. These costs include transportation, lodging, tuition and associated costs. In addition, the Town will pay for time spent at such training to a maximum of one (1) day's pay for each day spent on the course. Overtime rates do not apply to travel time for training purposes. When outside normal working hours, travel time shall be accumulated at regular rates and taken off with prior approval from management. Travel time shall be limited to four (4) hours per day.

21.11 The Town agrees to pay tuition costs for evening or correspondence courses that will directly or indirectly enhance an employee's ability to perform their job function. Reimbursement is dependent on prior approval of the course by the employer and successful completion of the course by the employee. Time spent on such courses will not be considered as working time for pay purposes. Subject to financial need, the Town may advance funds toward the course registration fees.


ARTICLE 22 -JURY DUTY

22.01 The Town agrees to pay regular and probationary employees their normal wage rate for time on jury duty or court appearances as a witness under subpoena. Temporary employees shall not be paid while serving jury duty or for other court appearances. Any wage equivalent received from the courts shall be given to the Town.

ARTICLE 23 -WAGE GRID

23.01 Effective January 1, 2017, hourly rates will be adjusted in each year of the contract as follows:

2017- 1.5% 2018- 1.5% 2019- 1.5%

23.02 Management, on hiring, shall designate an employee's starting position in the grid.

23.03 The level on the grid shall be designated in an employee's job description.

23.04 An employee who is promoted to a higher category shall be placed on the grid such that a pay raise results. Responsibility pay, if applicable, will in this case be considered part of the wage.

23.05 Operator Licensing qualifications, as they effect pay, shall be based on the latter date of the letter indicating successful completion of the exam or the date when the Ministry of Environment experience requirement is met.

ARTICLE 24- MOTOR VEHICLES

24.01 Town vehicles are to be used in the course Town business only. Only employees, contractors related to Town projects and members of the Town are to be passengers in all vehicles registered to the Town of Greater Napanee. Use of vehicles for other than work purposes shall only be allowed with the prior expressed permission of management.

ARTICLE 25 -WORK FORCE RESTRUCTURING

25.01 The Town agrees that the bargaining unit shall be included in any possible restructuring studies.

25.02 In the event that the Town does take measures to restructure its' workforce or operations, the Town will protect regular employees as follows:

a) Employees will be given six (6) months pay or combination of notice and pay totalling six (6) months; or

b) Employees will be reassigned with no loss of pay or benefits, subject to a position being available; or

20 17-2019 Collective Agreement Page 18

c) Employees will be guaranteed employment with another Employer at no loss in pay subject to a position being available

d) The Town further agrees not to contract out bargaining unit work that would directly cause the lay-off of a regular employee

ARTICLE 26- DURATION OF THE COLLECTIVE AGREEMENT

This Agreement comes into effect on January 1, 2017 and shall remain in effect until December 31 , 2019. This Agreement shall continue in force from year to year thereafter unless in any year, not more than 90 days and not less than 60 days before the date of its termination, either party provides the other with written notice of a desire to terminate or amend this Agreement. Notwithstanding the foregoing, this Collective Agreement may be amended from time to time in writing as mutually agreed by the parties.

2017 2019 Collective Agreement Page 19

Schedule A

Town of Greater Napanee- The International Brotherhood of Electrical Workers

Local#636

Schedule of Benefits

Benefit Schedule Sun Life

Life Insurance

Benefit amount 2 x Annual Earnings

Maximum $85,000

Non Evidence Maximum n/a

Termination age Earlier of age 65 or retirement

Spousal and Child $10,000 each

Long Term Disability

Benefit Amount 66.67% of monthly earnings

Maximum $4,000


Elimination Period 105 days

Maximum Benefit Period To age 65

Definition of Disability 24 month own occ then any occ

Termination age Age 65 (less elimination period) or earlier Retirement

Extended Health Care

Deductible Non

Reimbursement 100%

Overall Maximum Unlimited

Waiting Period 3 months

Overage Dependent 21/25

Survivor Benefit 24 months after date of death

Termination age Age 65 or earlier retirement

Health Care Spending $200/year as per CRA Eligible Medical Expenses for Account taxation purposed as amended

Vision Care $400/24 months for adults or 12 months for deps under 18; includes laser eye surgery

Eye Examinations 1 exam per calendar year, up to R&C

Hospital Semi-Private


Drugs- Type Prescription Requiring plus oral contraceptives, injectable meds, life-sustaining, preventive vaccines and

meds and diabetic supplies

-Drug Card Yes

- Capped Dispensing fee N/A

- Deductible $2.00 per prescription

- Co-payment 100%

- Fertility Drugs $15,000 per lifetime

- Smoking Cessation $300 per lifetime

- Anti-obesity Included

- Erectile Dysfunction Not a Benefit

Private duty Nursing $10,000 per calendar year

Chiropractor $500 per benefit year

- Deductible N/A

Osteopath $500 per benefit year

Podiatrist/Chiropodist $500 per benefit year

Naturopath $500 per benefit year

Licensed Speech therapist $500 per benefit year

Clinical Psychologist $500 per benefit year

Physiotherapist $500 per benefit year

Licensed Massage Therapist $500 per benefit year

Acupuncturist $500 per benefit year

Orthopaedic Shoes or Boots 1 pair per cal yr. - Custom $150/cal year-Stock item

Custom-Made Orthotic Inserts $400 per 3 cal years

Hearing Aids $500 per 5 benefit years (repairs and batteries included)

Ambulance Included (also air ambulance)

Medical Equip. & Supplies Eligible

2017 2019 Collective Agreement Page 21

Travel

Benefit Maximum $1 ,000,000 lifetime max.

Trip Duration 60 Days

Referral Services 80% or costs

World Access Provider Europ Assistance

Termination age Retirement

DENTAL Benefit 100% Basic & Preventive; 50% Major & Ortho

Deductible Nil

Maximums $1,250 for Basic, Preventive and $1,500 for Major restorative Orthodontic: $2,000 lifetime

Orthodontic Age Restriction None indicated

ODA Fee Schedule Current ODA for GP' s

Recall Frequency 6 months


Survivor Benefit 24 months after date of death

Accidental Death & Dismemberment - Chartis

Benefit Amount 2 x Annual Earnings

Maximum $85,000



Rehabilitation Benefit Within 2 years - maximum $10,000

Home alteration and Vehicle To a maximum of $10,000 Modification

In-Hospital Benefit 1% ofPrincipal Sum; max. $1,000/mth-12 months

Family Transportation 200 km - max. of $10,000

Repatriation Benefit 200 km - max. of $10,000

Seat Belt Benefit 10% of Principal Sum


Day Care Benefit 3% of Principal Sum- $5,000 max/yr-under age 13-maximum 4 years

Dependent Child Educational 5% of Principal Sum or $5,000/school year-maximum 4 Benefit years

Spousal Educational Benefit Within 30 mths-maximum of $10,000

Funeral Expense To a maximum of $5,000

Burn Benefit Max% Principal Sum- Varies with Body Area affected

HIV Positive Benefit $10,000 after 1 year-from treating infected patient

Serious lllness Benefit 10% of Principal sum to $50,000 maximum

Exposure & Disappearance Disappearance

Waiver of Premium To 65/death or recovery/policy term

Continuance of Coverage 12 months

Family Plan Spouse: 50% of the Insured Ee's Principal Sum

Each Child: 10% of the Insured Ee's Principal Sum

Conversion Within 90 days

2017-2019 Collective Agreement

Schedule B

The Town of Greater Napanee

Supplemental Unemployment Benefits Plan

1. The SUB plan for the Town of Greater Napanee is set out herewith.

2. The following groups of employees are covered by the plan: All staff members covered by the Collective Agreement with IBEW Local #636

Page 23

3. The plan is to supplement the EI income benefits received by workers for temporary unemployment after the first three days of illness to a maximum of fifteen weeks.

4. Employees must prove they have applied for and are in receipt of EI income benefits in order to receive payment under this plan.

5. SUB is payable for a period during which an employee is not in receipt of EI income benefits in order to receive payment under this plan. a) is serving the one week EI waiting period; b) has insufficient hours of insurable employment to qualify for benefits or; c) has exhausted their entitlement to benefits.

6. The benefit level paid under this plan is set at the current EI weekly earnings for the employee, and then topped up with unused sick leave benefits to 95% of their regular weekly earnings.

7. In any week, the total amount of SUB payments and the weekly rate of EI income benefits shall not exceed 95% of the employee's weekly earnings.

8. The SUB benefits will be paid for a maximum of 15 weeks or until the employee's sick leave dollars have been exhausted, whichever occurs first.

9. The plan is financed by the employer's general revenue fund.

10. The employer shall keep a separate record of SUB payments for payroll and audit purposes.

11. The duration of the plan is from January 1, 20 17 to December 31, 20 19 as set forth in the Collective Agreement.

12. The employer will inform the HRDC in writing of any changes to the plan within thirty (30) days of the effective date of the change.


13. Employees do not have a right to SUB payments except for supplementation of EI income benefits for the unemployment period as specified in the plan.

14. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits will not be reduced or increased by payments received under the plan.

2017-2019 Colleclive Agreement

Dated at Greater Napanee this I"'' day of A'-5 .... sJ.. 2017.

FOR THE TOWN: FOR THE UNION:

__ f!xw., __ _,__~ ____ !3=..:l"11r5 ;f3Ef.J

Schedule C I 2017 - Regular Wages (1.5o/o)

Years of Service in Category (applies to Category E and F only)

Category/Time 0 6 Months 1 Year 2 Years

A Chief Operator- Treatement Facilities $34.73 N/A $ 35.31 $ 35.84

8 Chief Operator- In-ground Infrastructure $32.09 N/A $ 32.67 $ 34.26

c Operator - Class 3/4 $30.03 N/A $ 31.09 $ 31.62

D Operator - Class 2 $28.98 N/A N/A $ 29.80

E Operator - Class 1 $23.55 $ 24.25 $ 25.29 $ 26.81

F Meter Reader/Cleaner $21.08 $ 21.61 $ 22.14 $ 23.19

Minimum Requirements

valid WT & WWT 1 licenses and successful completion of WT/WWT/WD/WWC 2 DO exams D2 eligible after holding any two (2) valid Class 2 licenses co eligible with the successful completion of any two 2) Class 3 exams C1 eligible after holding any two (2) valid Class 3 licenses C2 valid WT 3, WWT 3, WD 2, WWC 2 or highest level of each facility rating 80 valid WT & WWT 2 licenses and WD/WWC licenses up to each facility rating 81 after 50% completion of an approved contract law, project management and

coaching course 82 successful completion of all courses identified in 81 AO valid operating licenses for all facilities (all systems) at the level of facility rating A1 after 50% completion of the AMCTO Executive Diploma in Municipal Management

or equivalent A2 eligible with the successful completion of courses identified in A 1, OACETT

certification and a licensed journeyman electrician or approved equivalent * 82 Operator can reach an upper limit of AO with an electrical trade ticket or

approved equivalent * C2 Operators can reach an upper limit of 80 with an electrical trade ticket or

approved equivalent

Exemptions

* as identified by job description employees hired prior to January 1, 2013 are eligible for DO with valid WD and

* WWC Class 1 licenses and successfully completing WD and WWC Class 2 exams all current employees in 2013-E3 shall be placed in C2 and be given two years to

* obtain any of the necessary qualifications

LETTER OF UNDERSTANDING

Between

THE CORPORATION OF THE TOWN OF GREATER NAPANEE (fhe Town)

And

THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL #636 (fhe Union)

WHEREAS the Town and the Union recognized the need in the recent round of collective bargaining to amalgamate the agreement for the outside workers and the separate agreement for the office and clerical workers (Administration)

AND WHEREAS the Town and the Union recognize that the duties and functions of the positions fonnerly under the two separate agreements are different and distinct from a working conditions perspective when it comes to weather, exposure to some contaminants (as examples, dirt, sewage, chemicals), and requirement for emergency call in.

NOW THEREFORE the parties agree as follows:

1. Sections related to the provision of protective clothing and the cleaning of clothing are meant to apply to positions that would reasonably encounter adverse weather conditions or be required protective clothing to work under Ministry of Labour Guidelines.

2. Sections related to specific licensing requirements are job specific, but both parties agree that Management reserves the right to require various fonns of training, at the employer's expense, as the Town deems necessary; included but not limited to Health, Safety, Accessibility, employment policies and First Aid.

3. Sections related to emergency call in relate to qualified operators holding valid licensing requirements to respond to the emergency call out.

Dated at Greater Napanee this I( day of A~I.J-f- 2017

For the Union:

Documents

2017-2019 COLLECTIVE AGREEMENT and Util… · the Utilities Department operating and maintenance employees and two Finance ... transfer, lay off, recall, discipline, classification,