COLLECTIVE BARGAINING AGREEMENT Administration/91… · ARTICLE 16 - BENEFITS 32 ARTICLE 17 - WORKPLACE SAFETY AND ... ARTICLE 21 - WAGES AND ALLOWANCES 45 ARTICLE 22 - PERSONNEL

COLLECTIVE BARGAINING AGREEMENT

Between

THE CORPORATION OF THE TOWN OF MIDLAND

andLOCAL UNION 636

of theINTERNATIONAL BROTHERHOOD OF ELECTRICAL

WORKERS (AFL-CIO; CLC)

EFFECTIVE FEBRUARY 1, 2016 through JANUARY 31, 2019

TABLE OF CONTENTS

Page

ARTICLE 1 - PURPOSE 1

ARTICLE 2 - RECOGNITION 2

ARTICLE 3 - RELATIONSHIP 5

ARTICLE 4 - UNION SECURITY 7

ARTICLE 5 - STRIKES AND LOCKOUTS 9

ARTICLE 6 - MANAGEMENT RIGHTS 10

ARTICLE 7 - DISCIPLINE, SUSPENSION, DISCHARGE 11

ARTICLE 8 - GRIEVANCES 12

ARTICLE 9 - MEDIATION & ARBITRATION 14

ARTICLE 10 - PROMOTIONS AND JOB POSTINGS 15

ARTICLE 11 - SENIORITY 17

ARTICLE 12 - LAY-OFF ADMINISTRATION AND RECALL 19

ARTICLE 13 - LEAVE OF ABSENCE 21

ARTICLE 14 - PAID HOLIDAYS 27

ARTICLE 15 - PAID VACATIONS 29

ARTICLE 16 - BENEFITS 32

ARTICLE 17 - WORKPLACE SAFETY AND INSURANCE BOARD 38

ARTICLE 18 - WORKPLACE HEALTH & SAFETY 39

ARTICLE 19 - DAYS AND HOURS OF WORK 41

ARTICLE 20 - OVERTIME 44

ARTICLE 21 - WAGES AND ALLOWANCES 45

ARTICLE 22 - PERSONNEL FILES 47

ARTICLE 23 - DURATION 48

APPENDIX A – WAGE GRIDS 49

APPENDIX B – MEDICAL FORM 52

LETTERS OF UNDERSTANDING __ 53

SENIORITY LIST 64

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ARTICLE 1 – PURPOSE

1.01 The purpose of this Agreement is to provide for a collective bargaining relationship between the Corporation and the Union with respect to the bargaining unit described herein, to secure the prompt disposition of grievances, and to promote the efficient and responsible operation of the Corporation’s business and activities.

1.02 HEALTH AND SAFETY

The Corporation will be responsible for making reasonable provisions for the safety and health of its employees during the hours of their employment.

All employees must be aware of and work in compliance with the Corporation's health and safety policies and procedures. The Corporation will make said policies and procedures available at each work site and will also advise of any changes as they occur.

1.03 NO DISCRIMINATION

The prohibitions against discrimination, harassment, violence and bullying in employment as provided in the Ontario Human Rights Code, Occupational Health and Safety Act and other relevant legislation are hereby incorporated into this Agreement by reference.

a) An employee alleging bullying or harassment in the workplace is encouraged to use the procedure as out lined in the Corporation Health and Safety policy manual to resolve a complaint. However, it is agreed that when the safety of an employee is being threatened and it is necessary for that employee to leave the job, in such case, the complainant advises the Supervisor, who in turn advises the Union representative.

1.04 Both the Corporation and the Union recognize and accept their respective duty to act in good faith on any and all matters between them – including, but not limited to, the interpretation and application of the terms of this Collective Agreement.

1.05 SEVERABILITY

In the event that legislation, or a determination by a court of final jurisdiction (whether in a proceeding between the parties or in one based on a similar state of facts), invalidates any portion of this Agreement, it shall not affect the validity of the rest of this Agreement, which shall remain in full force according to its terms, in the same manner and with the same effect as if such invalid portion had not originally been included.

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ARTICLE 2 – RECOGNITION

2.01 The Corporation recognizes Local Union 636 of the International Brotherhood of Electrical Workers as the sole and exclusive bargaining agent for office, clerical and technical employees of the Corporation of the Town of Midland, save and except:

Supervisors, persons above the rank of Supervisor (which includes Managers, and persons above the rank of Manager, Directors and persons above the rank of Director, Senior Executive Assistant and Chief Building Officer), students employed during the school vacation period, students engaged in a co-operative education placement or internship program and persons covered by a subsisting collective agreement.

2.02 All new employees shall be notified in writing at the time of hiring of their employment status.

2.03 a) All employees governed by this Collective Agreement shall be on probation and shall not have any seniority standing until the probationary periods specified below have been satisfied:

Regular Full-time - 26 consecutive weeks

Part-time – 910 hours of work (without a break in service)

i) The Corporation, at its discretion may terminate employment without regard to any of the provisions of this Agreement, during an employee's probationary period.

ii) Absence for whatever reason during an employee's probationary period shall cause the probationary period to be extended by the length of such absence or absences.

iii) During these periods of probation, the Employee shall not be considered as having employment status and as such will not be afforded the rights, privileges and/or entitlements defined by this collective agreement.

b) A temporary full-time employee whose employment is continued beyond thirty-five (35) consecutive weeks shall be considered a regular full-time employee unless that employee has been hired to replace a regular full-time employee who is absent due to sickness; injury or illness covered by WSIB; maternity/parental leave, a temporary transfer to modified work assignment or other approved leaves of absence.

2.04 The Union agrees that there will be no solicitation for membership, collection of dues, or other Union activities on the premises of the Employer, except as specifically permitted by this Agreement.

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2.05 BULLETIN BOARDS

The Corporation will provide bulletin boards in main areas and smaller boards for other areas designated by the Union and Corporation for the purpose of posting notices regarding meetings and other matters restricted to Union activity. All such notices must be signed by an officer of the local Union. The Town reserves the right to require the removal of any notice it considers inconsistent with this provision.

2.06 DEFINITIONS

Except as otherwise provided in the text of this Agreement the following definitions apply throughout:

1. "Employee" means an employee of the Corporation included in the Bargaining Unit as defined in Clause 2.01 of this Agreement.

2. "Day" means a working day for the individual concerned unless otherwise specifically stipulated. In the case of grievance administration, "day" means a working day in the Town Clerk's Department.

3. "Vacation Year" and "Year" means the period from January 1st to December 31st annually.

4. "Layoff" means temporary cessation of employment because of lack of work in an employee's classification or the discontinuance of a function or operation of the Corporation for whatever reason.

5. "Paid Status" means drawing wages for time worked, for paid sick leave, for paid holidays, for vacation leave, and for periods of STD/LTD benefits of up to thirty-six (36) consecutive months or Workers' compensation benefit of up to thirty-six (36) consecutive months duration.

6. “Break in service” shall be considered a minimum of two (2) weeks lay-off immediately following a maximum of thirty-five (35) consecutive weeks of work.

7. Whenever the male pronoun is used in this Agreement, it shall be deemed to include the female pronoun and vice versa; whenever the singular is used it shall be deemed to include the plural and vice versa.

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2.07 EMPLOYEE CATEGORIES

1. "Regular Full-time" means an employee who has satisfactorily completed the probationary period and works in a bargaining unit classification where the normally scheduled hours of work are thirty-five (35) or forty (40) per week.

2. "Part-time" means an employee who has satisfactorily completed the probationary period and works in a bargaining unit classification where the normally scheduled hours of work are up to twenty-four (24) per week.

3. “Temporary Employee” is an employee hired by the Corporation due to operational demands or the absence of a Regular Full-time or Part-time employee for a specified term (of up to thirty-five (35) consecutive weeks) who, during such term will be regularly required to work up to thirty-five (35) or forty (40) hours per week.

i. It is understood that a Temporary Employee will be terminated at the end of their specified term or at any time prior should the Regular Full-time or Part-time employee return to work.

ii. Except as otherwise so specifically identified herein, Temporary Employees will not accumulate seniority or be afforded any of the rights, privileges, benefits or entitlements defined by this agreement.

4. “Student” means a person enrolled in a secondary or post-secondary educational institution and employed outside the normal instructional hours of that institution on a full-time or part-time basis or students engaged in a co-operative education placement or internship program.

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ARTICLE 3 – RELATIONSHIP

3.01 The Corporation and the Union recognize and respect their shared interest in the success of the Corporation and; although differences may arise between them, will treat each other respectfully and conduct their business professionally at all times.

3.02 The Corporation and the Union agree that there will be no intimidation, discrimination, interference, restraint, or coercion exercised or practiced by either of them or their representatives or members because of political affiliation, or membership in the Union or because of activity or lack of activity in the Union.

3.03 Annually, the Union will supply the Employer with the names of its Officers and Stewards. Similarly, the Employer will supply the Union with a list of its Supervisory or other personnel with whom the Union may be required to transact business.

3.04 The parties acknowledge that in the interests of promoting good working relationships, any differences should be dealt with and settled at the earliest possible stage. Generally the employee will seek to resolve the issue with his Supervisor.

3.05 LABOUR/MANAGEMENT COMMITTEE:

a) The Employer and the Union will form a committee that will meet as required to discuss items of mutual interest except grievances.

b) The Committee shall be comprised of normally up to four (4) members of the Union and normally up to four (4) representatives of the Employer. Either party may bring in a resource person provided both parties are in agreement.

c) Either party may submit specific topics for discussion to Human Resources for inclusion on the agenda up to twenty-four (24) hours prior to the meeting.

d) Either party can call a meeting of the Labour/Management Committee by submitting an agenda to the other party seven (7) days in advance of the meeting date.

e) Committee members shall receive their normal straight time wage rate for all hours spent during the employees regularly scheduled hours of work in Labour/Management Committee meetings.

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f) The Union acknowledges and agrees that members of the Committee described in Clause 3.05 above have regular duties to perform in connection with their employment and that meeting will be scheduled so as to minimize any interference with the performance of such duties employment for the Corporation.

g) Meetings of the Labour/Management Committee shall be scheduled during normal workday as defined in Article 2.06 (2) and the Corporation will advise the Committee members immediate manager’s that these members will be attending such Committee meetings.

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ARTICLE 4 - UNION SECURITY

4.01 The Union agrees to indemnify and save the Corporation harmless in respect of all suits, actions or causes of action which may arise in respect of the deduction and remittance of dues provided for herein.

4.02 The Union agrees to keep the Corporation advised of the names of its officers, executives and bargaining committee, both upon election and of changes as such may occur.

4.03 All current employees shall maintain Union membership in good standing as a condition of continued employment.

4.04 All future employees (following the successful completion of their probationary period), must become and remain members of the Union in good standing as a condition of continued employment.

4.05 Should the Employer merge, amalgamate, or combine any of its operations or functions with another Employer or Corporation, the Employer agrees to give the Union as much notice as practically possible prior to any intent by the Employer to implement the above.

4.06 Bargaining Unit Work – No Employee outside the bargaining unit shall do the work of employees within the bargaining unit except in emergencies, for the purpose of instruction or to provide relief/support during break periods or assistance during times of short staffing and/or peak periods.

No person in the Bargaining Unit will be laid off by reason of any person outside the Bargaining Unit performing any work which is normally performed by employees in the Bargaining Unit. Nothing contained herein shall prejudice the right of the Employer to contract or transfer work normally performed by the Employer to private enterprise or other governmental body.

4.07 DEDUCTION & REMITTANCE OF UNION DUES

a) The Corporation agrees to deduct, each pay, from the wages of all employees in the Bargaining Unit, Union dues as directed by the Union from time to time.

i) The Corporation also agrees to deduct and remit an amount equivalent to the Union initiation fee from each new employee upon the successful completion of their probationary period.

b) The Union shall notify the Corporation, in writing, of the amount of such dues to be deducted under this section and, provide at least thirty (30) days written notice of any changes in the amounts thereof that may be directed from time to time.

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c) The Corporation shall forward these deductions to the Union once each month, together with an alphabetical listing of names showing:

1) The amount deducted from each employee;

2) the total amount of dues deducted to date from each individual employee;

3) all information used to determine this deduction - including but not limited to: the employees regular hourly rate and; gross weekly earnings.

Such remittances will be forwarded to the Union so that they are received not later than the fifteenth (15th) day of the month following the month in which the dues have been deducted.

d) Payroll deductions will not include any fines. Union dues will be included on the employee’s T4 slip (for income tax purposes).

e) In consideration of the deduction and forwarding of Union dues by the Corporation, the Union agrees to indemnify and save harmless the Corporation against any claim or liability arising out of, or resulting from, the collection and forwarding of regular Union dues or Union initiation fees.

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ARTICLE 5 –STRIKES AND LOCKOUTS

5.01 The Corporation agrees that it will not cause or direct any lockout of its employees during the operation of this Agreement and while negotiations for a further agreement are taking place.

5.02 The Union agrees that there will be no strike, picketing, slow-down, sit-down, or other stoppage of work, either complete or partial, during the operation of this Agreement and while negotiations for a further agreement are taking place.

5.03 The Union further agrees that it will not involve any employees of the Employer, or the Employer itself, in any dispute which may arise between any other Employer and the employees of any such other Employer.

5.04 The Employer shall have the right to discipline or discharge any employee who participates in any unlawful work stoppage provided that a claim of unjust discipline or discharge may be the subject of a grievance and be dealt with as herein provided.

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ARTICLE 6 - MANAGEMENT RIGHTS

6.01 The Union recognizes that the management of the operations of the Corporation and the direction of the working force are fixed exclusively in the Corporation and shall remain solely with the Corporation. Without restricting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Corporation to:

a) maintain order, discipline and efficiency;

b) hire, discharge, direct, classify, transfer, assign, promote, demote, lay-off, suspend or otherwise discipline employees, provided that a claim that an employee who has completed the probationary period has been unjustly discharged or disciplined may be the subject of a grievance in the manner and to the extent herein provided;

c) establish publish and enforce reasonable rules and regulations to be observed by employees; which rules and regulations will not be inconsistent with the terms of this Agreement.

d) generally to manage and operate the business of the Municipality in all respects in accordance with its obligations and without restricting the generality of the foregoing, to determine the kinds and locations of equipment to be used, the allocation and number of employees required from time to time in any and all classifications and all other matters concerning the operation of the Corporation.

e) acknowledge there will be no lost time or layoffs to union employees that is directly related to the occasional task completed by a member of management. Occasional task completion shall mean no qualified union employee is available for the task at hand. Time period of task shall be of reasonable duration.

6.02 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.

6.03 Corporate Policies

a) Corporation shall retain all of the other prerogatives of management that it has maintained prior to entering into this agreement, except as may be specifically modified by the express language of this agreement.

b) The Corporation will ensure that new or revised policies and procedures are posted for a minimum of one (1) month in each Department and that copies are available through the Department Head. An up to date policy manual shall be made available for employee review.

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ARTICLE 7 — DISCIPLINE, SUSPENSION, DISCHARGE

7.01 No employee shall be disciplined, suspended, demoted or discharged without just cause.

7.02 Discipline shall be issued to an Employee no later than ten (10) working days of the incident coming to the attention of Management.

7.03 Bargaining Unit Employees may have a Union Steward present in the event of disciplinary action including verbal reprimands; otherwise these will not become part of Employee’s disciplinary record.

7.04 a) When disciplining an employee for a current incident, the Employer shall not take into account any prior infractions providing the employee has a clear record for two (2) years immediately preceding the current incident.

b) If the employee’s record is not clear for the said two (2) years, the Employer may go back up to five (5) years previous to the current incident.

7.05 The Business Representative of the Union will be notified in writing within five (5) working days of the date of the suspension as to the duration and causes.

7.06 LETTERS OF DISCIPLINE

Any Employee having two (2) years of work without disciplinary action being placed on his/her record will have all records of disciplinary action removed from his/her personnel file at the written request of the employee to the Human Resources Manager or Department Head.

In the case of disciplinary action placed in the Employee’s file, a copy of said discipline must be given to the Employee and the Union within five (5) working days of the date issued.

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Article 8 – GRIEVANCES

8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the Corporation and its employees and their Union, relating to the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is subject to arbitration.

8.02 A Steward and, if applicable, the griever, shall receive their regular straight time pay for regularly scheduled working hours lost due to attendance at grievance meetings with the Corporation up to but not including arbitration.

8.03 The Complaint Stage is mandatory prior to a grievance. It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. It is further understood that an employee does not have a complaint unless it is officially brought to the attention of the immediate supervisor within five (5) days of the event which led up to the complaint. If the event occurred while the employee was away on an approved leave of absence not exceeding thirty (30) days, the time limits shall commence at the point the employee returns to work.

The immediate supervisor shall reply to the complaint within five (5) days. An employee does not have a grievance until a complaint which has been discussed between the employee and the immediate supervisor has been denied.

An employee may be accompanied by a Steward of his/her bargaining unit where possible at the presentation of his complaint.

8.04 STEP 1

Failing satisfaction with the verbal decision of the immediate supervisor at the complaint stage, the employee may within five (5) days of the reply of the immediate supervisor, but not thereafter, reduce the grievance to writing, signed by the griever and shall include, a statement of the following:

i) The alleged violation of the collective agreement, ii) The section and/or article(s) of the collective agreement allegedly

being violated, and iii) The redress sought by the griever.

The Department Head shall within ten (10) days investigate the grievance and reply to it in writing after having met with the griever and Steward.

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STEP 2

Failing satisfaction by the employee with the written decision of the Department Head in Step 1 above, then within ten (10) days, but not thereafter, the grievance may be submitted to the Town's Chief Administrative Officer and/or designate. A meeting between the Town's CAO (or designate) and such other persons as he wishes to invite on the one hand and the employee and the Steward and IBEW Union Representative on the other hand, shall be held within ten (10) days of receipt of notification from the Union.

The CAO (or designate) shall reply to the grievance within ten (10) days of such meeting.

STEP 3

Failing satisfaction by the employee with the written decision at Step 2, the grievance may be referred to arbitration as set out herein provided that the decision to take such action is communicated to, and received by the Corporation in writing within ten (10) days, but not thereafter, of the receipt of the Step 2 reply by the IBEW Union Representative.

Policy Grievance

8.05 A policy grievance is defined and limited to an alleged violation of this agreement involving a question of general application relating to the interpretation, application, or administration of this agreement which may have application to all the bargaining unit and which cannot be processed as an individual grievance. Such grievance shall be filed at Step 2 within ten (10) full working days of the event giving rise to the grievance. Failing settlement under Step 2 within ten (10) full working days, it may be submitted to arbitration in accordance with Article 9.

8.06 A claim by an employee in the Bargaining Unit who has completed his probationary period, that he has been unjustly discharged from his employment, shall be treated as a grievance and shall be lodged at Step 2 within five (5) working days after the employee ceases to work for the Corporation.

8.07 When, in the opinion of either the Union or the Corporation, a satisfactory disposition of a grievance would be facilitated thereby, the time limit provided in the above steps of the grievance procedure may be extended by mutual consent.

8.08 The parties recognize that the Corporation may present at a meeting called for that purpose to the IBEW Union Representative, any complaints or grievances citing the Article or Articles of the Agreement violated and if such complaint or grievance is not settled to the Corporation's satisfaction, the Corporation may refer them to Arbitration as set out herein within ten (10) days of such grievance meeting.

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ARTICLE 9 – MEDIATION & ARBITRATION

9.01 a) The Parties agree that in the event a grievance is not settled through the Grievance Procedure as outlined in Article 8, before taking the matter to Arbitration the Parties may mutually agree to refer the matter to a Grievance Mediation Process, and such mutual agreement will include the selection of the Mediator to be used.

b) The Parties will share the cost of the Grievance Mediator on an equal basis.

c) The Union may have the employee, together with a Steward and/or the Unit Chairperson at the meeting. A Representative of the I.B.E.W. will also be present.

9.02 In the event that a grievance must be referred to Arbitration, the referring party must advise the other party of their intentions in writing within ten (10) working days following the decision at Step 3 or such further period as is mutually agreed upon in writing between the Corporation and the Union.

9.03 a) The party giving notice of its intent to proceed to arbitration shall submit to the other party the names of suggested arbitrators to act as the sole arbitrator.

b) The party receiving notice may also submit an alternate list of arbitrators for review to hear the grievance. The sole arbitrator shall be empowered as per the provisions of the Labour Relations Act (Powers of Arbitrators et al).

9.04 If the parties fail to agree on an arbitrator, then the referring party has the right to proceed with the referral of the grievance to a soul arbitrator process as outlined in the Ontario Labour Relations Act (expedited process) or other process as outlined in the Ontario Labour Relations Act.

9.05 No person shall be appointed as an arbitrator who has been involved in any attempt to settle the grievance to be arbitrated.

9.06 The Arbitrator shall issue a decision, and such decision is final and binding upon the parties and upon the employees.

9.07 The Union and the Corporation hereto will jointly bear the expenses of the Arbitrator.

9.08 The time limits referred to in the Grievance/Arbitration/Mediation procedure may be extended by mutual written agreement of both parties. Such agreement will not be unreasonably withheld.

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ARTICLE 10 – PROMOTIONS AND JOB POSTINGS

10.01 It is recognized that it is the policy of the Corporation to promote within the Bargaining Unit employees whenever possible. Subject to provisions of Article 10.02 should no internal applicant be awarded the position, external applicants may be considered.

10.02 In cases of job postings within the Bargaining Unit, the following factors shall be considered: skill, ability, qualifications, experience and performance. Where in the judgment of the Corporation, these qualifications are equal, seniority shall govern. Such judgment shall be made in an impartial and consistent manner.

10.03 Vacancies or new positions occurring in the Bargaining Unit will be advertised to all employees as follows (excluding positions defined in Article 2.07 3):

a) A notice containing the particulars of the job, the deadline for applications, and the name of the person receiving applications, shall be posted on the bulletin boards and a copy sent to the Union Representative not less than five (5) working days before the deadline for applications.

b) An employee on an approved sick leave or vacation for the entire posting period will be allowed a further three (3) working days to apply.

c) When the successful applicant has been selected, his name will be posted on the bulletin boards, and a copy of the notice sent to the Union Representative.

10.04 Any employee who has successfully bid under Article 10.03 shall not be entitled to bid again on a posted job (in the same wage band) for six (6) months from the date of his successful bid, except with the mutual agreement of the Corporation and the Union.

10.05 Trial Period

a) An employee who was the successful applicant will be subject to a trial period of ninety (90) working days.

b) During the trial period, employees will be given a monthly performance evaluation in writing, to advise of their progress and/or lack of expected performance. After successful completion of the trial period, written confirmation will be given to the employee.

c) Should any Bargaining Unit employee who is the successful applicant for a post vacancy:

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i) be found unsatisfactory in respect of job performance or:

ii) should an employee request to be reverted back to their former position within the ninety (90) working day trial period, they shall be reverted to their former position at the appropriate prevailing rate with no loss of seniority.

d) Should any employee be reverted to their former classification as outlined in 10.05 c), such “bumping down” may occasion a chain reaction of “bumping down” and an eventual consequential lay-off.

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ARTICLE 11 – SENIORITY

11.01 a) Seniority shall be defined as the length of continuous service with the Corporation as a member of the Union within the Bargaining Unit covered by this Collective Agreement.

b) Upon the successful completion of the probationary period defined by ARTICLE 2— the Seniority date for Regular Full-time employees will be recognized as the original date of hire with the Employer.

c) Part-time employees shall accumulate seniority in terms of hours worked only, but if appointed to regular full-time status without a break in service (as defined in Article 2.05 (6), shall have such hours converted to days at the rate of seven (7) or eight (8) hours per day for the purpose of calculating a notional seniority date depending on the regular working hours for that regular full-time position.

d) Seniority for Temporary Employees who are hired as regular full-time employees without a break in service (as defined in Article 2.05 (6), will be recognized as the original date of hire with the employer.

11.02 a) An employee who has been discharged for cause and who subsequently establishes that he should not have been discharged and is accordingly reinstated, shall be reinstated with his former seniority standing.

b) An employee who is discharged for cause and who is not reinstated, but is subsequently rehired, shall be entitled to and allowed seniority from the date of rehire.

11.03 a) Any employee who accepts a permanent position outside the Bargaining Unit but remains in the employ of the Corporation for a period exceeding six (6) calendar months, may be returned to the Bargaining Unit (provided the Corporation agrees to their return) but will lose his or her seniority in the Bargaining unit for the purposes of lay off, recall, job postings, promotions and/or transfers.

b) Any employee who accepts a temporary position outside the Bargaining Unit for a period of up to fifty-two (52) consecutive weeks will continue to be recognized as per of the bargaining unit upon their return to the bargaining unit.

c) If the employee returns to the Bargaining Unit within the six (6) month period, he or she will retain their attained seniority as the original date of transfer provided they have secured a withdrawal card from the union.

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11.04 Seniority previously accumulated shall be lost and employment deemed terminated whenever an employee:

a) voluntarily quits his employment;

b) applies for and qualifies for a benefit under the OMERS Pension Plan

c) applies for and qualifies for a benefit under the Long Term Disability Insurance Plan and is deemed to be permanently totally disabled;

d) is discharged and not reinstated through the grievance or arbitration procedure;

e) fails to return to work upon the expiration of an approved leave of absence, or utilizes a leave of absence for a purpose other than that for which it was granted;

f) is laid off for more than twelve (12) consecutive months;

g) is absent from scheduled work for a period of two (2) or more consecutive scheduled working days without notifying the Corporation and/or without providing a reason satisfactory to the Corporation;

h) refuses to continue to work or return to work during an emergency, unless reason is given that is satisfactory to the Corporation;

i) Is absent due to a compensable injury or illness and is rated by the Workplace Safety and Insurance Board as permanently totally disabled.

j) fails to report for work after a layoff within seventy-two (72) hours after the recall. In the event of the inability of the Corporation to contact the employee personally, recall shall be deemed to have been carried out if a registered letter has been sent to the last known address of the employee as shown on the Corporation's record.

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ARTICLE 12 – LAY-OFF ADMINISTRATION AND RECALL

12.01 a) The Corporation has the right to determine the actual number of employees required in each department.

b) In the event of a layoff, the Corporation shall, subject to Article 12.02 determine which employee(s) within the department in which the layoff takes place shall be affected.

12.02 Notice to Union - In the event of a layoff the Corporation will:

a) Provide the Union with written notice of layoff at least seven (7) calendar days prior to notifying the employee to be laid off. It is further agreed that the Corporation will include a meeting date within the letter regarding holding a meeting with the Union to discuss the reason of the layoff and the positions affected and the names of the employees to be laid off.

b) Present the affected Employee(s) written notice of the layoff no less than ten (10) calendar days prior to the effective date of such layoff.

12.03 Layoff Procedure

a) It is the intent of the Employer and the Union to consider all avenues prior to lay-offs. Consequently, wherever practical, the Employer will terminate contractors, agency staff, temporary employees, persons hired under a government-sponsored program and students, performing bargaining-unit work, prior to laying off any employees.

b) In the event of a layoff, the following procedure will be followed:

i) probationary employees will be laid off first; thenii) part-time employees in the reverse order of their bargaining unit seniority and cannot bump full-time employees; theniii) full-time employees in the reverse order of their bargaining unit seniority.

c) It is understood that the remaining employees as outlined above, must have the skill, qualifications, experience and ability to perform the normal requirements of the remaining jobs.

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12.04 Bumping Process An employee who has received written notice of layoff shall elect to either:

a) accept the layoff; or

b) displace an employee who has lesser bargaining unit seniority in the bargaining unit if the employee originally subject to layoff can perform the duties of the lower or identical classification.

12.05 RECALL

a) An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided that they have the ability to perform the work subject to the provisions in Article 10.02, before such an opening is filled on a regular basis under a job posting procedure.

b) The posting procedure in the Collective Agreement shall not apply until the recall process has been completed.

c) In determining the ability of an employee to perform the work for the purpose of the paragraphs above, the Employer shall not act in an unreasonable manner.

12.06 No new employee shall be hired into a bargaining unit position until all those laid off subject to the provisions in Article 10.02 have been given the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.

12.07 a) Notice of recall shall be by registered mail addressed to the last address of record with the Employer (which notification shall be deemed to be received on the second day following the date of mailing).

b) The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work.

c) The employee is solely responsible for their proper address being on record with the Employer.

12.08 No full-time employee within the bargaining unit shall be laid-off by reason of their duties being assigned to one (1) or more part-time employees.

12.09 As per Article 11.04 (f), recall rights do not apply to employees laid off for a period of twelve (12) consecutive months or more.

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ARTICLE 13 - LEAVE OF ABSENCE

13.01 The Corporation may grant a leave of absence without pay for legitimate personal reasons provided the employee can be spared having due regard for the proper operation of the Corporation. Application for such leave shall be made in writing to the employee's Department Head (or his designee) as far in advance as possible but in any event, at least two (2) weeks prior to the commencement of the leave, unless such notice in advance is impossible to give. The application must clearly state the reason for the leave of absence and duration of such absence.

13.02 Effect of Leave of Absence

During such absence, the employee will be responsible for full payment of all health and welfare benefits in which the employee is participating. The employee may arrange with the Corporation to prepay to the Corporation the full premium of such health and welfare benefits in which the employee is participating for the entire period of the leave to ensure the employee's continued coverage.

13.03 Family Responsibility Leave

Post probationary regular full-time employees shall be permitted a paid leave of absence of up to five (5) working days per calendar year for reason of illness of a member of their immediate family. Such paid absence shall be charged against the employee's sick leave credits (sick bank).

Immediate family shall mean the same as the individuals as described in the emergency leave provisions of the Employment Standards Act.

1) The employee’s spouse or same-sex partner.

2) A parent, step-parent or foster parent of the employee, the employee’s spouse or the employee’s same-sex partner.

3) A child, step-child or foster child of the employee, the employee’s spouse or the employee’s same-sex partner.

4) A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse or same-sex partner.

5) The spouse or same-sex partner of a child of the employee.

6) The employee’s brother or sister.

7) A relative of the employee who is dependent on the employee for care or assistance.

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13.04 TIME OFF FOR UNION ACTIVTIES/OTHER UNION BUSINESS

a) Provided the Employer receives at least forty-eight (48) hours advance written notice leaves of absence with pay and without a loss of any seniority or benefits shall be granted upon request to any employee(s) elected or appointed to represent the Union at:

Union meetings; conferences; conventions; seminars; workshops or; attend to Union business outside the workplace.

The Union agrees to reimburse the Employer for the regular hourly wages that are paid to such employees - but no burden or levy will be assessed.

b) Union representatives will be entitled to leave their work during working hours, provided permission from their immediate supervisor is obtained, in order to carry out their functions under this Agreement.

Such leave will be paid for at the Employee’s regular base rate and will apply (but is not limited) to the following circumstances:

i. Orientation of new Employees who are eligible to join the bargaining unit to a maximum of fifteen (15) minutes;

ii. Management-Labour Relations Committee meetings;

iii. Investigation and discussion of grievances;

iv. Arbitration Hearings — up to a maximum of one (1), eight (8) hour days;

v. Where Employees require Union representation in dealing with Management;

vi. Up to three (3) Unit Members, a maximum of three (3), eight (8) hour days each for negotiation meetings with Management.

Such rate as outlined above, will be paid for by the employer.

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13.05 JURY DUTY

a) An employee who is summoned and reports for jury duty and/or jury selection or witness duty or a Coroner’s inquest shall be granted a leave of absence with pay and without loss of seniority for any time lost from their normal work week.

b) The Corporation will make up the pay for a regular full-time employee summoned and reports for jury duty and/or jury selection or witness duty or a Coroner’s inquest, but the total of make-up pay and jury duty pay in no event shall exceed what his normal net pay for the period would have been.

c) In order for an employee to qualify for payment under Article 13.05 he must:

i. inform his immediate Supervisor within 24 hours of selection for service as a juror;

ii. if released from service as a juror and four (4) hours or more remain in the employee’s regular scheduled hours, the employee must return to complete the remaining normally scheduled work day;

iii. provide a written statement to the Corporation indicating the date of service as juror, the time so spent and the fee received for services, and

iv. have completed their probationary period.

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13.06 BEREAVEMENT PAY

a. Leave of absence with pay for up to five (5) working days up to and including the day of the funeral shall be granted to a post probationary regular full-time employee to attend and make arrangements for the funeral for a member’s spouse/same sex partner, child or parent. In the event that there is no funeral, an employee will be granted a leave of absence with pay on the day marked to celebrate the life of that person. This day is not to be considered an additional day.

b. Leave of absence with pay for up to three (3) working days up to and including the day of the funeral shall be granted to post probationary regular full-time employee to attend and make arrangements of the funeral of his immediate family (Definition: “Immediate family”: - brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, parents-in law, grandparents, grandparents in-law and grandchildren). In the event that there is no funeral, an employee will be granted a leave of absence with pay on the day marked to celebrate the life of that person. This day is not to be considered an additional day.

c. In the event of the death of any other relative (aunt, uncle, cousin, great grandparent), time off without pay may be granted, not to exceed one (1) working day, for the purpose of attending the funeral. In the event that there is no funeral, an employee will be granted a leave of absence without pay on the day marked to celebrate the life of that person. This day is not to be considered an additional day.

d. The day’s absence shall apply only when absent from a regular scheduled working day for the purpose of attending the funeral or in the event that there is no funeral, the day marked to celebrate the life of that person, and will not apply to any other time, other than a normal working day, such as vacations, holidays, Saturday, Sunday, etc.

e. In the event the death occurs during the employee’s vacation or on a Paid Holiday they will be entitled to an extension of their vacation equal to the time they would have been granted under Article 13.06 a) or b), had they not been on vacation.

f. Bereavement Leave will not be granted to employees in situations where compensation is already provided, such as, when the employee is collecting WSIB payments or Sick Leave benefits (Short or Long Term) due to an illness or accident.

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13.07 Maternity Leave

i) During Maternity/Parental Leave the Corporation shall for all regular full time employees upon completion of the probationary period:

a) During the first two (2) weeks pay the employee 93% of her regular rate of pay.

b) During the following fifteen (15) weeks or shorter period if the employee returns earlier to work, pay the employee at a rate of pay equivalent to the difference between the Employment Insurance benefits the employee is eligible to receive and 93% of her regular rate of pay.

c) Continue to provide the employee with the vacation, insurance, welfare, medical, dental and other benefits specified in this Agreement.

ii) To be eligible for payments and benefits provided for in this section the employee shall sign an agreement with the Corporation providing:

a) That she will return to work and remain with the Corporation for a period of at least one year after her return to work.

b) That should she fail to return to work at the expiration of her leave or to remain in the employ of the Corporation for the period specified in Section 13.07 ii) a) above, she will repay the amounts provided for in the above section and the Corporation may apply against such amount all vacation pay and any sick leave credit to the employee.

iii) These top-up benefits shall not apply to employees on probation.

a) An employee going off on maternity leave shall have their vacation prorated based on their leave date and return date as per her entitlement under Article 15. Employees on maternity and parental leave shall accrue vacation time but not vacation pay.

b) An employee on maternity/parental leave will not accrue sick leave credits during the period of absence.

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13.08 Parental Leave

a) Parental leave will be granted in accordance with the Employment Standards Act.

b) Employees planning on taking a parental leave must provide at least four (4) weeks notice of the intended leave date to their immediate supervisor and must give at least four (4) weeks notice of the intended return date from such leave to their immediate supervisor.

c) The Corporation will continue to provide the employee with the insurance, welfare, medical, dental and other benefits specified in this Agreement.

d) An employee going off on paternity leave shall have their vacation prorated based on their leave date and return date as per her entitlement under Article 18. Employees on maternity and parental leave shall accrue vacation time but not vacation pay.

e) An employee on parental leave will not accrue sick leave credits during the period of absence.

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ARTICLE 14 - PAID HOLIDAYS

14.01 a) The following days will be recognized as paid holidays and paid for at straight time rates subject to paragraph (b) below:

New Year's Day Simcoe Day

Good Friday Labour Day

Easter Monday Thanksgiving Day

Victoria Day Canada Day

Christmas Day Boxing Day

Remembrance Day Family Day

and any day declared by the Council of Midland to be a holiday.

i. For Part-time employees, compensation for a Holiday as identified in this Article shall be in accordance with the Employment Standards Act.

b) In order to be paid for a holiday, an employee must meet the requirements under the Employment Standards Act:

i)

14.02 Unless otherwise agreed in writing between the parties, paid holidays falling on a Saturday shall be observed the previous Friday; paid holidays falling on a Sunday shall be observed the following Monday.

14.03 If a paid holiday is observed during an employee's vacation, such employee shall either be paid wages in lieu of that holiday, or be given an additional one (1) day of vacation by mutual agreement between the Corporation and the employee concerned.

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14.04 Regular full-time employees when working a regularly scheduled working day in the afternoons of Christmas Eve and New Year's Eve will receive the latter half of their shift (i.e 3 ½ or 4 hours) off with pay at the regular rate of pay on those two (2) days.

a) An employee required to work throughout the full shift of Christmas Eve or New Year's Eve shall not receive any premium payment for so doing.

14.05 The Employer may determine the number and classification of employees who are required to work on any paid holiday or the day agreed to as its alternative.

14.06 Holiday Closure (between Christmas and New Years)

a) Based on direction from the Chief Administrative Officer (CAO) or his designate, communication will be provided to employees as to the number of unpaid days required to cover the annual holiday closure. This will be provided to staff in writing no later then February 1st of each year.

b) An employee may elect to use vacation and/or overtime to cover the required days; otherwise they will be unpaid.

c) If an employee is required to work during the office closure, on a day that would otherwise be recognized as a normal working day for this employee they will be paid at their regular rate of pay for hours worked.

The above provision as outlined in Article 14.06 excludes all full-time and part-time positions as follows: Administrative Assistants – Water & Wastewater and Maintenance Operations; Process Coordinator; Customer Service Representatives and; Concession Operators.

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ARTICLE 15 - PAID VACATIONS

15.01 Article 15.01 and Articles 15.04-15.07 applies to all employees hired prior to October 1, 2001

The vacation year for all regular full-time employees shall be the twelve (12) months following the employees’ first and subsequent anniversary dates. Vacation entitlement shall not be cumulative unless mutually agreed upon between the employee and his Department Head but instead shall be consumed within the vacation year.

a) Upon completion of one year's service - ten (10) working days per year at his existing rate of pay at the time the vacation is taken.

b) Upon completion of the third calendar year - fifteen (15) days per year at his existing rate of pay at the time the vacation is taken.

c) Upon the completion of the eighth calendar year - twenty (20) working days per year at his existing rate of pay at the time the vacation is taken.

d) Upon the completion of the seventeenth calendar year - twenty-five (25) working days per year at his existing rate of pay at the time the vacation is taken.

e) Upon the completion of the thirtieth (30th) calendar year – thirty (30) working days per year at his existing rate of pay at the time the vacation is taken.

f) In the calendar year an employee receives an additional week as entitled above, for that particular year the employee shall receive the additional vacation pro-rated to the employee’s anniversary date to a maximum of one week.

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Articles 15.02 to 15.07 applies to employees hired on or after October 1, 2001

15.02 On commencing employment, a regular full-time employee shall be credited with pro-rata vacation for the balance of the year, but shall not be permitted to take vacation until he or she has completed their probationary period.

15.03 All regular full-time employees shall be eligible for vacation credits shown below. Vacation entitlement shall not be cumulative unless mutually agreed upon between the employee and his Department Head but instead shall be consumed within the vacation year.

a) Upon completion of one year's service - ten (10) working days per year at his existing rate of pay at the time the vacation is taken.

b) Upon completion of the third calendar year - fifteen (15) days per year at his existing rate of pay at the time the vacation is taken.

c) Upon the completion of the eighth calendar year - twenty (20) working days per year at his existing rate of pay at the time the vacation is taken.

g) Upon the completion of the seventeenth calendar year - twenty-five (25) working days per year at his existing rate of pay at the time the vacation is taken.

h) Upon the completion of the thirtieth (30th) calendar year – thirty (30) working days per year at his existing rate of pay at the time the vacation is taken.

i) In the calendar year an employee receives an additional week as entitled above, for that particular year the employee shall receive the additional vacation pro-rated to the employee’s anniversary date to a maximum of one week.

15.04 An employee terminating for any reason shall be entitled to a pro-rated vacation allowance for the time worked during the year of termination.

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15.05 a) Vacation time must be requested prior to December 31st for the next calendar year. The annual vacation calendar will be circulated to staff in order of seniority to book their eligible vacation time up to two (2) weeks, and once all members have selected this time, the calendar will continue to circulate (in order of seniority) until all eligible vacation is booked for that employee.

i) Notwithstanding the above, each employee shall be entitled to withhold one (1) week of vacation to be taken in increments with forty-eight (48) hours notice.

ii) In addition, employees entitled to five (5) or more weeks of vacation shall be entitled to withhold two (2) weeks vacation to be taken in increments with forty-eight (48) hours notice.

b) The Manager or his designate must approve all vacation time, which shall not be unreasonably withheld.

i) Requests for changes to the approved schedule must be made in writing for approval of the Manager two (2) weeks prior to the proposed change and shall not be unreasonably withheld.

ii) Approved vacation may not be altered by the employee or the Corporation without written consent.

c) Taking into account adequate coverage in each classification and in each department every effort will be made for employees to take vacations in two (2) week blocks where eligible and so requested.

d) All of the above shall be based on operational requirements.

15.06 An employee's vacation pay entitlement shall be proportionately reduced for absences due to illness, unpaid leaves of absence or other unpaid periods which absence exceeds sixty (60) cumulative working days during the period of qualifying the employee for vacation.

15.07 The vacation allowances of part-time, temporary full-time and summer employees shall be in accordance with the minimum standards of the Employment Standards Act.

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ARTICLE 16 – BENEFITS

16.01 For the duration of this Collective Agreement, the Corporation agrees to pay 100% of the premiums for the following insurance coverage for all post probationary regular full-time employees. Enrollment in the following group insurance programs is under the conditions provided in the Master Contracts between the Corporation and the insurance carriers as of July 1, 2012.

1) All regular full-time employees shall be enrolled in the Ontario Municipal Employees Retirement System (OMERS) plan. The Corporation agrees to match the employee contribution as set out in the OMERS Act, 2006, as amended from time to time.

a. Post 65, benefits shall continue in accordance with OMERS policy with contributions continuing to age 69 while still employed with the Corporation.

2) Extended Health Care Plan with Drug and Semi-Private Hospital Coverage.

a. Post 65, extended health care with drug and semi-private hospital coverage remains in effect as long as employed with the Corporation.

3) While still employed with the Corporation, Group Life Insurance Plan (with A.D. & D. rider) with a benefit rate of 2X annual salary.

a. Post 65, Group Life Insurance (with AD and D Rider) shall be reduced in accordance with the plan by fifty (50) percent at age 65 and terminates at the earlier of retirement or age 70 which ever comes first.

4) Dental Plan as described in detail in the current group insurance contractas outlined in July 1, 2012 which outlines deductibles and co-insurance.

a. Orthodontics – 50/50 co-pay; lifetime maximum of $1500/person b. Crowns, Caps, Bridges, inlays/onlays and gold foil restorations –

50/50 co-pay; no annual maximumc. Post 65, Dental Plan remains in effect as long as employed with the

Corporation.d. An annual maximum of $3,000 per individual per calendar year will

apply for dental services (exclusive of Orthodontics described in 16.01 4) a.

5) Vision Plan with $325.00 per person benefit rate per 24 month and includes eye examinations every two (2) years.

a. Post 65, Vision Plan remains in effect as long as employed with the Corporation.

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6) Long Term Disability Insurance Plan with a qualifying period consistent with the Short Term Disability (Sick Leave) Plan as per Article 16.07 herein with a benefit rate of 66.6% of regular straight time earnings.

a. Post 65, Long Term Disability Insurance Plan terminates at the age of 65.

An employee may utilize accumulated sick leave credits, overtime benefits, or accrued vacation to “top up” sick leave coverage to 85% of regular pay. With respect to use of vacation time, available time will be subject to the provisions of Article 15. Any such use of accrued leave will reduce same accordingly.

7) The Corporation agrees to provide an Occupational Death Insurance Policy covering Building Inspector, Engineering Technician, Operations Technician, and Traffic Bylaw Officer within the Bargaining Unit entitled to receive benefits. Coverage will be for $250,000.00 payable at the time of death, to the beneficiary of an employee who dies of injuries received in the discharge of his duties. The Occupational Death Insurance Policy will provide coverage in addition to any other benefits as provided herein. New positions or modifications to existing positions will be reviewed by both parties for inclusion/exclusion to this clause.

a. Post 65, Occupational Death Insurance Plan terminates at the age of 70.

8) Health coverage referred to in 2, 4, and 5 above shall apply to dependents to the age of twenty-five (25) if enrolled in school full time.

a. Post 65, dependent coverage remains in place as stated herein.

9) The Corporation and the Employee shall jointly sponsor and the employees and Corporation shall equally pay the costs of an Employee Assistance Program.

a. Post 65, Employee Assistance Program remains in effect as long as employed by the Corporation.

10) The benefits listed above shall be underwritten on the basis of no deductible and no co-insurance except as indicated under 16.01 4) a) & b).

16.02 The Corporation reserves the right to change insurance carrier(s) from time to time, provided sixty (60) days advance notice is given to the Union of such change and the benefits and present practices are equivalent to or better than the existing benefits and practices in effect on July 1, 2012.

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16.03 Regular full-time employees shall continue to enjoy the benefits provided by this clause whilst on approved sick leave and whilst on L.T.D. and in a seniority status.

16.04 The group life policy shall have a spousal and dependents option which any eligible employee may pay for by way of payroll deduction.

16.05 The Union recognizes that any E.I. premium reduction accruing to the Corporation by reason of the existence of these insurances shall remain with the Corporation exclusively.

Short Term Disability (Sick Leave) Plan

16.06 The Corporation shall operate a Short Term Disability/Sick Leave (STD) Plan for the benefit of post probationary regular full-time employees only. For the duration of this Collective Agreement, the Corporation agrees to pay 100% of the premiums for the Short Term Disability (STD) coverage for all post probationary regular full-time employees.

For the Purposes of this article, Short Term Disability means an absence from regular work due to prolonged illness, surgery or other physical or mental incapacity which prevents an employee from attending his/her regular work for more than three (3) consecutive days.

The following conditions shall apply:

a) The plan shall be administered on a calendar year basis with the benefits renewed annually on January 1st providing the Regular full-time employee is actively at work or on authorized vacation leave on his first regularly scheduled working day in the new calendar year. A Regular full-time employee in their first year of employment shall be entitled to pro rated sick time based on their start date. The basis of the plan is eight (8) working days at 100% pay.

b) Regular full-time employee shall be entitled to eight (8) working days sick leave per calendar year at full pay. Any employee claiming sick leave benefits under this clause may be required to supply a certificate in the form specified in Appendix B. Any costs associated with the form shall be paid by the Corporation.

c) An employee shall be entitled to an additional seventy-nine (79) working days per calendar year at seventy five percent (75%) of the employee's rate of pay after the third consecutive day of absence. Any employee claiming sick leave benefits under his clause shall be required to supply a certificate in the form specified in Appendix B. Any costs associated with the form shall be paid by the Corporation. The Town reserves the right to outsource adjudication of complex cases to the benefit carrier’s case

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management team.

d) For the purpose of banking sick time, a day shall be considered either seven (7) or eight (8) hours depending on the employees regular working hours. This unused time will carry forward to the new calendar year as sick credits.

e) Unused sick leave credits banked may be utilized to “top up” sick leave coverage paid at the rate of seventy-five percent (75%) of regular pay to one hundred percent (100%) of regular pay, it being understood such “toping up” will consequentially reduce the employee’s sick leave bank by one quarter (1/4) day for each day of “top up”.

An employee may also utilize current year sick time, overtime benefits or accrued vacation to “top up” sick leave coverage to one hundred percent (100%) of regular pay. With respect to use of vacation time, available time will be subject to the provisions of Article 15. Any such use of accrued leave will reduce same accordingly.

f) Any illness which extends into a new calendar year shall be considered as an illness in the year in which it commenced. Accordingly, the employees new entitlement to sick leave will not be available until the employee has returned to work and worked for not less than twenty (20) out of twenty-five (25) consecutive working days in the new calendar year. If an employee has a recurrence of the illness within the twenty (20) day period, it shall be deemed to be a continuing illness.

g) Certificates required as per 16.06 (b) and 16.06 (c) shall be completed by a legally registered physician. Failure to produce such required certificate within fourteen (14) working days (as previously defined) of the date notice is given by the Corporation shall result in the paid sick leave being denied.

h) The Union acknowledges the right of the Corporation to monitor sick leave usage and to impose disciplinary action in cases of proven abuse.

i) Upon termination of employment, a regular full-time employee hired prior to February 1, 2016 with at least one year seniority shall be entitled to a termination allowance in cash of fifty percent (50%)* of his 100% full pay sick leave days remaining to his credit on day of termination providing that such payment shall not exceed one hundred and thirty (130) days pay at his rate of pay on day of termination.

*(one hundred percent (100%) in the case of an employee qualifying and drawing LTD benefit)

j) Future year’s unused sick time will be accumulated and able to be used for top-up with no payout value for any employee hired after February 1, 2016.

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16.07 Retiree Benefits

a) An employee who qualifies and draws benefit from the OMERS Pension Plan shall be entitled to continued coverage for the Extended Health and Dental Insurance Plans until he attains the age of sixty-five (65). Premiums for such coverage shall continue to be paid by the Corporation.

b) Retiree coverage provided is per the benefits enforced at the time of retirement with the Town. These benefits will neither be enhanced nor reduced by the Corporation.

c) For employees hired after January 1, 2012, but before February 1, 2016, to qualify for retiree benefits as per Article 16.01, an employee must have attained the age of 55 and have a minimum of ten years OMERS qualifying service with the Corporation of the Town of Midland. Any employee hired after February 1, 2016 does not qualify for retiree benefits pertaining to Article 16.01

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ARTICLE 17 – WORKPLACE SAFETY AND INSURANCE BOARD

17.01 Workplace Safety and Insurance Board

An employee qualifying for Workplace Safety and Insurance Board benefit shall have his benefit topped up to one hundred percent (100%) of his regular pay rate for the first three (3) months of such benefit from the regular payroll account. Subsequently, such top up shall be charged against the employee's sick leave credits, if any.

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ARTICLE 18 – WORKPLACE HEALTH & SAFETY

18.01 The Corporation will be responsible for making reasonable provisions for the safety and health of employees during the hours of employment.

18.02 All employees must be aware of and work in compliance with the Corporation’s Health & Safety policies and procedures. The Corporation will make said policies and procedures available at each work site and will also advise of any changes as they occur.

18.03 PROTECTIVE CLOTHING a) Employees requiring safety equipment or clothing, will have same

supplied by the Corporation on a “loan” basis. The Corporation shall provide as deemed necessary.

b) Post probationary regular full-time employees deemed by the Corporation to need safety footwear will receive a payment of one hundred and fifty dollars ($150.00) upon presentation of proof of purchase.

i) Probationary regular full-time employees shall be required to provide their own approved safety boots and will be reimbursed as stated herein upon successful completion of their probationary period.

c) The following will be purchased or made available as required to the Traffic By-law Officers subject to the approval of the Corporation:

Description Quantity Uniform Sweater 1 Uniform Trousers 2 pair Shirts 4 Boots or shoes 1 pair Gloves 1 pair Uniform Ball Cap 1 Winter Overshoes or Boots 1 pair All Season Coat 1 Winter Hat 1 Raincoat 1 Windbreaker/light Jacket 1 Belts (regular & duty) 1 of each

d) The following will be purchased or made available as required to the Building Inspectors, Engineering Technologist and Operations Technician subject to the approval of the employer:

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Description Quantity Summer Shirts 2 Winter Shirts 2

18.04 All equipment shall be operated with due regard to the Occupational Health and Safety Act and Regulations.

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ARTICLE 19 - DAYS AND HOURS OF WORK

19.01 While this Article defines the normal hours of work for full-time employees, it shall not be constructed or interpreted as a guarantee by the Corporation of a specific number of hours of work per day or days of work per week.

19.02 Municipal Office Employees

The regular work week consists of five (5) days, Monday through Friday, seven (7) paid hours per day, thirty-five (35) paid hours per week.

The regular work day consists of eight (8) hours from 8:30 am to 4:30 pm and includes a one (1) hour unpaid lunch break.

A rest period of 15 minutes duration shall be allowed each morning and afternoon where the service permits.

19.03 Traffic By-law Officer II




19.04 Administrative Support Fire Department




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19.05 Administrative Support Parks & Recreation Department




19.06 Administrative Support and Process Coordinator (Water & Wastewater Operations and Maintenance Operations)

The regular work week consists of five (5) days, Monday through Friday, eight (8) paid hours per day, forty (40) paid hours per week.

The regular work day consists of eight (8) hours from 8:00 am to 4:30 pm and includes a one –half (1/2) hour unpaid lunch break.

A paid rest period of 15 minutes duration shall be allowed each morning and afternoon where the service permits.

Summer Hours (not applicable to the Administrative Assistant WW Operations)

Notwithstanding the provisions above, each calendar year from May 1st to Thanksgiving Day in October and the regular work day will consist of nine (9) hours per day Monday through Thursday, from 7:00 am to 4:30 pm and includes a one-half (1/2) hour unpaid lunch break and;

The regular work day on Friday shall consist of four (4) hours 7:00 am to 11:00 am.

19.07 Full-time Customer Service Representatives Parks & Recreation Department

The regular work week consists of five (5) days, Monday through Friday, eight (8) paid hours per day, forty (40) paid hours per week.

The regular work day consists of nine (9) hours from 8:00 am to 5:00 pm and includes a one (1) hour unpaid lunch break.

A paid rest period of 15 minutes duration shall be allowed each morning and afternoon where the service permits.

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19.08 Notwithstanding Articles 19.07 above, the hours of work for part-time Customer Service Representatives and part-time Concession Operators, shall be adjusted in accordance with the Corporation’s operational needs.

19.09 a) For the life of this agreement, with respect to the Municipal Office Hours of work, the hours of work either 60 minutes prior to the regular start time or 60 minutes after the regular end time may be altered during the term of this agreement by the Corporation in order to meet operational requirements. Notice of such change will be provided to the Union a minimum of sixty (60) days notice.

b) With respect to all other work locations, the Corporation will provide sixty (60) days notice to the Union of any changes to hours of work for full-time employees.

c) Not withstanding a and b above, these provisions do not apply to part-time employees.

19.10 An employee not reporting to work must notify his immediate supervisor by telephone or voicemail of the reason for absence at least sixty (60) minutes prior to the scheduled start time on the day in question.

19.11 MEAL ALLOWANCE

a) An employee who is required to work overtime for two (2) hours or more immediately prior to, or after, the normal work day, or prior to, or after, a scheduled overtime day of seven (7) or eight (8) hours, shall be paid a meal allowance of twelve dollars ($12.00).

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ARTICLE 20 - OVERTIME

20.01 For regular full-time employees (as defined by Article 19.02, 19.03, 19.04 and 19.05), overtime is defined as all time worked in excess of a regular work day of seven (7) hour and/or all time worked in excess of a regular work week or thirty-five (35) hours.

20.02 For regular full-time employees (as defined by Article 19.06; 19.07), overtime is defined as all time worked in excess of a regular work day of eight (8) hour and/or all time worked in excess of a regular work week or forty (40) hours.

20.03 Overtime shall be compensated at a rate of one and half-times (1 ½ x’s) the employee’s prevailing regular hourly rate except when the overtime is worked on a Sunday or a Paid Holiday (as defined by Article 14) in which case the rate shall be two times (2x’s) the employee’s prevailing regular hourly rate. In no case shall overtime pay and premium pay apply to the same time worked, but rather the higher of the two (2) rates shall apply.

a) For all other employees overtime shall be paid in accordance

with the Employment Standards Act.

20.04 MINIMUM CALL Employees called in for emergency work outside of normal work hours shall

receive a minimum of four and one-half (4 ½) hours at the regular rate. (subject to the provisions of Article 20.01 and 20.02)

20.05 Time Off In Lieu (TOIL)

a) Notwithstanding the provisions of Article 20.01 an employee may elect to bank overtime hours and ultimately have these hours paid for by time off in lieu at the appropriate rate (i.e., six (6) overtime hours equals nine (9) hours of time off in lieu where the overtime rate is at time and one half).

b) Time off in lieu as contemplated above shall be taken within ten (10) months of the overtime being worked. In the event the paid leave is not provided within this time frame, the overtime pay shall become due and payable in cash.

c) An employee wishing to use TOIL must provide 48 hours notice to their immediate supervisor. Such request will be subject to operational requirements but not unreasonably denied by The Corporation.

d) An employee terminating employment without consuming his accumulated hours will have such entitlement paid in cash.

20.06 For operational requirements, the Corporation reserves the right to schedule or assign overtime work which shall not be unreasonably refused by the employee.

ARTICLE 21- WAGES AND ALLOWANCES

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21.01 The regular hourly wage rates paid to employees in bargaining unit classifications shall be in accordance with the schedule identified as APPENDIX A and will include Across the Board (ATB) increases as following:

YEAR INCREASE

January 1, 2016 0%

January 1, 2017 1%

January 1, 2018 1%

In addition to the wages increases noted above, each full-time member of the Bargaining Unit will receive a signing bonus of $500.00 (for 2016 only) and each part-time member of the Bargaining Unit will receive a signing bonus of $250.00 (for 2016 only) upon ratification of the agreement.

21.02 Temporary Substitutions

a) Assignments to a “Non-Supervisory” position:

i) Any Employee who is assigned to a higher paid classification (for short-term period of one (1) working day or more resulting from, but not limited to: illness, vacation, time off in lieu or approved leaves of absence) shall be paid the rate of the higher classification for any and all time served while acting in this capacity.

ii) In the event of an Employee being temporarily assigned work in a lower paid classification he or she shall continue to be paid the higher rate of their regular classification.

b) Assignment to an “Acting Supervisor” position:

An Employee, who is temporarily assigned by the Corporation to a classification that is Supervisory in nature, shall be paid 10% above the highest rate supervised.

21.03 In the case where an employee has been reclassified to a lower paid classification and is subsequently required to perform duties in his former classification, he shall receive the higher rate of pay for the entire length of time worked in the higher classification.

21.04 When an employment relationship is terminated by the Employer or the employee, the employee shall receive wages to which he is entitled at the

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regular payday next following the day he leaves the employ of the Employer.

21.05 Employees will normally be paid every second Thursday by direct deposit.

21.06 A satisfactory performance evaluation shall be required prior to an employee moving to the next higher step in the wage grid.

21.07 VEHICLE ALLOWANCE

Employees required to use their own personal automobile on Employer business shall receive car allowance and kilometre rates in accordance with the following:

Group A -automobile required every day

Group B -automobile required from time to time on occasional basis

Group C -automobile required rarely, only on special occasion.

1. Basic Rate

Group A: $50.00 per monthGroup B: $20.00 per month (over 100 kilometres)Group C: Nil

21.08 Employees required to use their own motor vehicle in the performance of their duty shall be reimbursed at the current corporate rate per kilometer.

21.09 a) Any employee required to be out of town on the Employer’s business, such as training courses, shall be compensated for accommodation, mileage at applicable rate, and the sum of Fifty dollars ($50.00) per day for meals and incidentals.

b) The $50.00 allowance shall only apply provided the business at hand requires an overnight stay. In the event attendance at a function is of one-day duration and does not require an overnight stay, expenses shall be limited to the actual amount incurred with receipts, i.e. meals, parking.

ARTICLE 22 – PERSONNEL FILES

22.01 Employees shall have the right to view their personnel file upon request to the Human Resources Manager or his/her designate to arrange a mutually agreeable date and time for the purpose of viewing their file.

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22.02 No written warning and/or reprimand may be used against an employee unless it has been previously given to him/her. No employee shall refuse to acknowledge receipt of a written warning.

22.03 Records of disciplinary notices shall be retained in the employee’s file for a period of twenty-four (24) months. However, if no further disciplinary action is taken against the employee during this twenty-four (24) month period, the preceding record shall not be used in assessing further discipline.

9/19/2016

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IBEW LOCAL 636 OFFICE & TECHNICAL SUPPORT STAFF

Step 1 Step 2 Step 3 Step 4 Step 5Start

Grd Position Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly

10

GIS/IT TechinicianOperations Technician IIDeputy Chief Bldg InspSenior PlannerIT Technician II

$50,873 $27.95 $54,052 $29.70 $57,232 $31.45 $60,411 $33.19 $63,591 $34.94

9 Building InspectorPlanner $47,742 $26.23 $50,726 $27.87 $53,710 $29.51 $56,694 $31.15 $59,678 $32.79

8

Engineering TechnologistMarketing and Communications CoordinatorPayroll ClerkIT Technician I

$40,768 $22.40 $43,316 $23.80 $45,864 $25.20 $48,412 $26.60 $50,960 $28.00

7

Executive Assistant - Planning & Building Executive Assistant - TreasuryExecutive Assistant - EngineeringExecutive Assistant - Operations

$39,778 $21.86 $42,264 $23.22 $44,750 $24.59 $47,236 $25.95 $49,722 $27.32

6

Accounts Payable ClerkExecutive Assistant - General AdminBooking and Events Coordinator Executive Assisstant - FireTraffic By-law Officer II

$38,235 $21.01 $40,624 $22.32 $43,014 $23.63 $45,404 $24.95 $47,793 $26.26

Process Coordinator - WW Ops (40 hrs)Administrative Assistant - Maintce Ops (40 hrs)

$42,316 $44,960 $47,605 $50,250 $52,894

Cashier Clerk $37,026 $39,340 $41,654 $43,968 $46,283

Administrative Assistant - WW Ops (40 hrs)Customer Service (FT) (40 hrs) $41,101 $43,670 $46,238 $48,807 $51,376

Administrative Assistant - Bldg. Dept. $35,963 $38,211 $40,459 $42,706 $44,954

3 Customer Service (PT) $30,547 $16.78 $32,456 $17.83 $34,365 $18.88 $36,274 $19.93 $38,184 $20.98

2 Janitor/Custodian $23,296 $12.80 $24,752 $13.60 $26,208 $14.40 $27,664 $15.20 $29,120 $16.00

(3640 hours)

4 $19.76 $21.00 $22.23 $23.47 $24.70

January 1, 2016

5 $20.34 $21.62 $22.89 $24.16 $25.43

Hours equivalent for PT 6 Months 12 Months 18 Months 24 Months(910 hours) (1820 hours) (2730 hours)

50




10


$51,381 $28.23 $54,593 $30.00 $57,804 $31.76 $61,015 $33.52 $64,227 $35.29


8


$41,176 $22.62 $43,749 $24.04 $46,323 $25.45 $48,896 $26.87 $51,470 $28.28

7


$40,176 $22.07 $42,687 $23.45 $45,198 $24.83 $47,709 $26.21 $50,220 $27.59

6


$38,617 $21.22 $41,030 $22.54 $43,444 $23.87 $45,858 $25.20 $48,271 $26.52


$42,739 $45,410 $48,081 $50,752 $53,423

Cashier Clerk $37,396 $39,734 $42,071 $44,408 $46,745

Administrative Assistant - WW Ops (40 hrs) Customer Service (FT) (40 hrs) $41,512 $44,106 $46,701 $49,295 $51,890




$24.954 $19.96 $21.20 $22.45 $23.70

$25.68

Hours equivalent for PT (910 hours) (1820 hours) (2730 hours) (3640 hours)

5 $20.55 $21.83 $23.12 $24.40

January 1, 2017

6 Months 12 Months 18 Months 24 Months

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10


$51,895 $28.51 $55,139 $30.30 $58,382 $32.08 $61,626 $33.86 $64,869 $35.64


8


$41,587 $22.85 $44,187 $24.28 $46,786 $25.71 $49,385 $27.13 $51,984 $28.56

7


$40,577 $22.30 $43,114 $23.69 $45,650 $25.08 $48,186 $26.48 $50,722 $27.87

6


$39,003 $21.43 $41,441 $22.77 $43,878 $24.11 $46,316 $25.45 $48,754 $26.79


$43,166 $45,864 $48,562 $51,260 $53,958

Cashier Clerk $37,770 $40,131 $42,492 $44,852 $47,213

Administrative Assistant - WW Ops (40 hrs) Customer Service (FT) (40 hrs) $41,927 $44,547 $47,168 $49,788 $52,409




4 $20.16 $25.20$23.94$22.68$21.42

$25.94

Hours equivalent for PT (910 hours) (1820 hours) (2730 hours) (3640 hours)

5 $20.75 $22.05 $23.35 $24.64

January 1, 2018

6 Months 12 Months 18 Months 24 Months

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Documents

COLLECTIVE BARGAINING AGREEMENT Administration/91… · ARTICLE 16 - BENEFITS 32 ARTICLE 17 - WORKPLACE SAFETY AND ... ARTICLE 21 - WAGES AND ALLOWANCES 45 ARTICLE 22 - PERSONNEL