THE CORPORATION OF THE TOWN OF

THE CORPORATION OF THE TOWN OF PENETANGUISHENE

BY-LAW NUMBER 2012-21

Being a By-law to Authorize the Execution of an Agreement with the Town of Penetanguishene Volunteer Firefighters Association with Respect to Terms

of Employment and to Repeal By-law 2009-103 WHEREAS pursuant to section 9 of the Municipal Act, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8 (1) of the Act, the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable them to govern their affairs as they consider appropriate; and to enhance their ability to respond to municipal issues; AND WHEREAS the Human Resources Committee has negotiated with the Penetanguishene Volunteer Firefighters Association on behalf of Council with respect to terms of employment for the years 2012-2015; NOW THEREFORE be it enacted and it is hereby enacted by the Council of The Corporation of the Town of Penetanguishene as follows: 1. That the Chief Administrative Officer be authorized to sign the Agreement

between The Corporation of the Town of Penetanguishene and the Penetanguishene Volunteer Firefighter Association, said Agreement attached hereto as Schedule “A” and forming part of this By-law.

2. That staff are hereby authorized to take the necessary actions to implement

and administrate the Agreement with the Penetanguishene Volunteer Fire Fighters Association, including any retroactive payments.

3. That the term of the Agreement shall be January 1, 2012 to December 31,

2015. 4. That upon signing of the Agreement by the parties, By-law No. 2009-103 is

deemed to be repealed. 5. That this By-law shall take force upon final passage hereof and take effect

retroactive to January 1, 2012. BY-LAW read a first, second and third time and finally passed by Council on the 28th day of March, 2012.

___________________________ MAYOR ________________________ CLERK

SCHEDULE “A” OF BY-LAW NUMBER 2012-21

Being a By-law to Authorize the Execution of an Agreement with the Town of Penetanguishene Volunteer Firefighters Association with Respect to Terms

of Employment and to Repeal By-law 2009-103

Appendix “A” to By-law 2012-21

Memorandum of Agreement

Between:

The Corporation of the Town of Penetanguishene (Corporation)

And:

The Penetanguishene Volunteer Firefighter Association (Association)

Rates for 2012-2015

ARTICLE 1 – FIRE RESPONSE ACTIVITIES

The Corporation agrees to pay

$5.50 (five dollars and fifty cents) for the years 2012 and 2013

$5.61 (five dollars and sixty-one cents) for the years 2014 and 2015

per point based on the Point Scale payable by the Corporation to each firefighter for fire response activities.

Fire response points will be issued according to the following scale:

MINUTES POINTS

0 to 30 6

31 to 60 10

61 to 90 14

91 to 120 18

121 to 150 22

151 to 180 26

181 to 210 30

211 to 240 34

241 to 270 38

271 to 300 42

301 to 330 46

331 to 360 50

361 to 390 54

391 to 420 58

421 to 450 62

451 to 480 66

481 to 510 70

511 to 540 74

541 to 570 78

571 to 600 82

ARTICLE 2 – INSURANCE

The Corporation shall pay 100% of the premium cost for all firefighters for the following:

a. Volunteer Firefighters Insurance Service (VFIS) coverage as per the attached.

ARTICLE 3 – REPLACEMENT OF DAMAGED PERSONAL PROPERTY AND APPAREL

The Corporation agrees to set aside $1,000.00 per year for all members of the Association.

ARTICLE 4 – OTHER WAGES (WORK NIGHTS / TRAINING / SPECIAL EVENTS / FIRE WATCH / ETC.)

The Corporation agrees to pay

$23.00 (twenty-three dollars) per hour for the years 2012 and 2013

$24.00 (twenty-four dollars) per hour for the years 2014-2015

For Work Nights, Training, Special Events, Fire Watch, etc. All schedules for work nights, training and special events shall be authorized by the Chief and the Deputy Chief.

ARTICLE 5 – WORKERS’ COMPENSATION INSURANCE BOARD (WSIB) COVERAGE

A volunteer firefighter injured on the job shall make application to the WSIB for compensation in accordance with the applicable policies under the Workers’ Compensation Act, as amended by the Workplace Safety and Insurance Act.

A volunteer firefighter injured on the job is entitled to receive up to two-thirds (2/3) of their concurrent earnings as defined by the Workplace Safety and Insurance Act as an advance from the Town during the period it takes the WSIB to process their claim. The Corporation shall be reimbursed the amount received when the injured employee receives their first compensation cheque. Claims under this clause shall be funded from an existing Reserve Fund. The Corporation agrees to always pay the maximum allowable WSIB coverage for Firefighters.

ARTICLE 6 – FIRE RELATED COURSES AND SEMINARS

Up to thirty five (35) days of Fire Related Courses and Seminars shall be provided to the Association on an annual basis at the Corporation’s expense. In addition to the registration and material fees, the Corporation will provide a per diem of $80.00 (eighty dollars) per day to those members of the Association attending such training and will provide a Town vehicle or pay mileage when a personal vehicle is used in accordance with Council’s approved mileage rate. The Corporation agrees to pay for all accommodation costs incurred by the member while attending courses authorized by the Fire Chief or designate that are outside of the municipal boundary of the Town of Penetanguishene. When meals are not provided as part of the course or seminar, The Corporation agrees to reimburse the member of the Association up to a maximum of $40.00 (forty dollars) per day meal allowance with submission of detailed receipts, alcohol and guests excluded. All training requests shall be reviewed and approved by the Fire Chief prior to registration. Claims for per diems and meal allowance shall be provided to the Chief for review and approval prior to payment to the member.

ARTICLE 7 – VACATION PAY

Annual vacation pay is to be provided to individual members of the Association based on four percent (4%) of the annual wages paid to individual firefighters earned from the Points’ Fire Response Pool and Other Wages, and is to be paid as part of the monthly payment to the member.

ARTICLE 8

The number of volunteer firefighters is 28.

ARTICLE 9 – PAYOUT

All money will be paid out by The Corporation on a monthly basis through the Town’s payroll system by direct deposit in accordance with the terms set out in the Agreement.

ARTICLE 10 – EMPLOYEE ASSISTANCE PROGRAM

The cost for the Employee Assistance Program will be covered by The Corporation for all members and their eligible family members.

MEMORANDUM OF AGREEMENT

Between

THE CORPORATION OF THE TOWN OF PENETANGUISHENE

And

PENETANGUISHENE FIREFIGHTERS ASSOCIATION

INDEX

Contents BY-LAW NO. 2011 – _____ ............................................................................. Error! Bookmark not defined.

MEMORANDUM OF AGREEMENT– SCHEDULE “A” ...................................................................................... 2

ARTICLE 1 – PURPOSE ................................................................................................................................... 2

ARTICLE 2 – RECOGNITION ............................................................................................................................ 2

ARTICLE 3 – DEFINITIONS .............................................................................................................................. 2

ARTICLE 4 – ROLE OF MANAGEMENT ........................................................................................................... 3

ARTICLE 5 – MEMBERSHIP IN ASSOCIATION AND DUES ............................................................................... 4

ARTICLE 6 – ROLE OF ASSOCIATION .............................................................................................................. 4

ARTICLE 7 – COMPLAINTS PROCEDURE ........................................................................................................ 5

ARTICLE 8 – LAYOFF & RECALL ...................................................................................................................... 6

ARTICLE 9 – PROBATION & PERMANENT STATUS ........................................................................................ 6

ARTICLE 10 – HONOURARIUMS & RESPONSE REQUIREMENTS .................................................................... 7

ARTICLE 11 – HEALTH AND SAFETY ............................................................................................................... 8

ARTICLE 12 – EMERGENCY CALL RESPONSE .................................................................................................. 8

ARTICLE 13 – FIRE PREVENTION AND PUBLIC EDUCATION ........................................................................... 8

ARTICLE 14 – LEVEL OF SERVICE .................................................................................................................... 9

ARTICLE 15 – IMMUNIZATION ...................................................................................................................... 9

ARTICLE 16 – MEDICAL FITNESS .................................................................................................................... 9

ARTICLE 17– TRAINING ................................................................................................................................. 9

ARTICLE 18 – HEALTH & WELFARE .............................................................................................................. 10

ARTICLE 19 – REPLACEMENT OF DAMAGED PERSONAL PROPERTY AND APPAREL ................................... 11

ARTICLE 20 – INDEMNIFICATION ................................................................................................................ 11

ARTICLE 21 – CONFIDENTIALITY .................................................................................................................. 11

ARTICLE 22 – POLICE AND DRIVER’S LICENCE CHECKS ................................................................................ 11

ARTICLE 23 – DURATION ............................................................................................................................. 12

APPENDIX “A”

Agreement Expiring December 31st, 2015 Memorandum of Agreement Between the Town of Penetanguishene and the Penetanguishene Firefighters Association

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MEMORANDUM OF AGREEMENT– SCHEDULE “A”

Between THE CORPORATION OF THE TOWN OF PENETANGUISHENE (Hereinafter referred to as “the Corporation”) And PENETANGUISHENE VOLUNTEER FIREFIGHTERS ASSOCIATION (Hereinafter referred to as “the Association”)

ARTICLE 1 – PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain good relations between the

Corporation and the Association, and to define the working conditions and compensation for all

volunteers subject to this Agreement.

1.02 The parties recognize that the provisions contained herein shall be interpreted in accordance

with the Ontario Human Rights Code, and the Employment Standards Act, and any other

applicable legislation.

ARTICLE 2 – RECOGNITION

2.01 The Corporation recognizes the Association as the agent for all volunteer firefighters as defined

by subsection 1 (1) of the Fire Protection and Prevention Act, 1997 (FPPA), employed by the

Corporation of the Town of Penetanguishene, save and except the Chief, Deputy Chief and the

Fire Secretary.

2.02 The Corporation recognizes the Association’s executive as the official representatives of the

Association and the Bargaining Committee as the official Bargaining Agent for the Association.

ARTICLE 3 – DEFINITIONS

3.01 The phrase “probationary volunteer(s)” shall mean a volunteer(s) who has not completed the

probationary period described in this Agreement and who has not acquired permanent status.

3.02 The term “volunteer firefighter” as used in this Agreement shall be interpreted in accordance

with the definition provided at Article 2.01 of this Agreement. The terms volunteer, volunteer

firefighter, “member” or “member of the Association” can be used interchangeably in this

Agreement.


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3.03 The phrase “working day(s)” when used in this Agreement shall exclude Saturdays, Sundays and

days on which the Corporation’s administration offices are closed.

3.04 Wherever the singular or masculine are used in this Agreement, the same shall be construed as

meaning the plural or the feminine where the context so requires.

3.05 Active firefighter shall mean a volunteer firefighter able to respond and is not absent due to

illness, WSIB, leave of absence or vacancy.

ARTICLE 4 – ROLE OF MANAGEMENT

4.01 The Association recognizes and acknowledges that the management of the Corporation and the

direction of the volunteer firefighters are fixed exclusively in the Corporation as represented by

the Chief. The Association acknowledges that it is the exclusive function of the Corporation to:

a. Maintain order, discipline, and efficiency of the Fire Department;

b. Hire, assign, direct, promote, demote, classify, transfer, layoff, recall, and for just cause, to

suspend, discharge, or otherwise discipline volunteer firefighters subject to the right of the

Association to meet with the Chief to discuss the actions taken by the Corporation;

c. Determine the nature and kind of business conducted by the Corporation, the methods, and

techniques of work, number of volunteer firefighters to be employed, to make studies of

and to institute changes in jobs and job assignments, the extension, limitation, curtailment

or cessation of operations, and to determine all other functions and prerogatives

herebefore invested in, and exercised by the Corporation which shall remain solely with the

Corporation;

d. Make, enforce, and alter from time to time reasonable rules, regulations, policies,

procedures, practices and guidelines to be observed by the volunteer firefighters;

e. Have the sole and exclusive jurisdiction over all operations, buildings, facilities and

equipment.

For greater certainty, the Association shall not interfere with any portion of the Corporation’s

business.

The role of Management shall not be exercised in a manner inconsistent with the provisions of

this Agreement.

4.02 The Corporation may from time to time, establish an ad hoc committee(s) to provide an

opportunity for input into significant matters, or into the daily functions and operations of the

Fire Department. If so formed, the Association shall designate the number of representatives

requested to represent the volunteers on said Committee.


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ARTICLE 5 – MEMBERSHIP IN ASSOCIATION AND DUES

5.01 All members of the Penetanguishene Fire Department upon his/her appointment as a firefighter

shall become a bona fide member of the Association. All new volunteers will be informed of the

contractual relationship between the Corporation and the Association at the time they are

hired.

5.02 The Corporation is authorized and shall deduct monthly, at the time when the first payment of

each year is made to the members, an amount equal to Association dues from each volunteer’s

pay. The Corporation shall also deduct any initiation fees, as authorized by the Association. The

total amount deducted will be remitted to the Association by the fifteenth (15th) of the month

following the month in which such dues or initiation fees were deducted. The Corporation shall

also include an itemized list of the names of volunteers from whom the deductions were made

and the amount deducted from each.

5.03 The Corporation will include on each volunteer’s T4 slip, the total of Association dues deducted.

5.04 In consideration of the deducting and forwarding of Association dues by the Corporation, the

Association agrees to indemnify and save harmless the Corporation against all claims, liabilities,

suits, actions or causes of action which may arise in respect of the deduction and remittance of

dues provided for herein.

ARTICLE 6 – ROLE OF ASSOCIATION

6.01 For the purpose of representation with the Corporation, the Association shall function and be

recognized as follows:

a. The Association may elect officers and appoint members to represent based on the

Association Constitution.

6.02 The Association agrees to notify the Corporation in writing of the names of its officials as

identified at Article 6.01, as well as all members appointed to a committee in connection with

this Agreement, and the effective dates of their appointments.

6.03 The Corporation shall permit the Association to use the Fire Hall for its regular monthly

meetings. Should it become necessary to rescind such permission, the Corporation shall provide

the Association with three (3) months notice before the effective date of such decision.

6.04 Only active members of the Association shall represent the members of the Association at the

time of negotiations.


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ARTICLE 7 – COMPLAINTS PROCEDURE

7.01 For the purpose of this Agreement, a complaint is defined as a difference arising between the

Corporation, and a member of the Association, relating to the interpretation, application,

administration, or alleged violation of this Agreement.

7.02 In the event that a complaint cannot be resolved between the Chief and the member, the

parties to this Agreement recognize the Association specified in Article 6.01 as the agents

through which volunteers shall process their complaint.

7.03 It is the mutual desire of the parties that disputes be resolved as quickly as possible and it is

understood that a volunteer has no complaint until he or she has first given the Fire Chief or

designate, the opportunity of resolving his or her complaint. It is further understood that a

volunteer has no complaint unless the matter is brought to the attention of the Fire Chief or

designate within ten (10) working days of the event which led to the complaint.

The Fire Chief, or designate, shall meet with the member and reply to the complaint within five

(5) working days. In the event the complaint is not satisfactorily resolved, or the Fire Chief, or

designate does not respond, the volunteer may refer his complaint to the Association.

7.04 Failing satisfaction with the decision of the Fire Chief, or designate, the volunteer through an

Association Executive may within five (5) working days of the reply, or within five (5) working

days of when such reply should have been received, file the complaint in writing specifying the

Article(s) of the Agreement that are allegedly violated, identifying the desired remedy sought,

and having signed it, submit such grievance to the Fire Chief or designate and Chief

Administrative Officer (C.A.O.) or designate.

The Fire Chief or designate and the Chief Administrative Officer (C.A.O.), or designate shall

within five (5) working days meet with the member and the Association to discuss the

complaint. Within five (5) working days of the meeting, the C.A.O. or designate shall reply in

writing to the Association with a copy to the Fire Chief and member.

7.05 Failing satisfaction by the volunteer with the written decision of the C.A.O. or designate under

7.06 above, then within five (5) working days, or within five (5) days that the response should

have been received, but not thereafter, the complaint may be submitted to the Human

Resources Chair, Mayor and the C.A.O. A meeting between the Corporation and such other

persons as may be required, and the volunteer and an Association Executive, shall be held

within five (5) working days of receipt of notification from the Association. The Corporation

shall reply to the complaint within five (5) working days of such meeting.

7.06 The Corporation will have the final determination in the matter and is not subject to further

appeal or arbitration.


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ARTICLE 8 – LAYOFF & RECALL

8.01 In the event of a proposed change in the level of service or delivery of service, which requires or

would result in the layoff or reduction of volunteers, the Fire Chief, after consulting with the

Association’s Executive, shall determine the order of layoffs, and in so doing, shall consider the

following factors:

a. Skill, ability and qualifications

b. Training and emergency call attendance, including day time availability

c. Training and certificates acquired

8.02 A volunteer firefighter will be recalled in reverse order of layoff, but will be deemed to have

resigned if he or she has not confirmed in writing his or her willingness to serve as a volunteer

within ten (10) days of receiving the notice of recall and fails to pick up his or her pager within

that same time frame, or fails to make alternative arrangements for his or her return to duty

agreeable to the Fire Chief, or designate.

ARTICLE 9 – PROBATION & PERMANENT STATUS

9.01 All volunteer firefighters must have the capacity to respond to a call within a reasonable time. A

reasonable time shall normally be interpreted as ten (10) minutes.

9.02 Prior to the completion of the probationary period, the Fire Chief shall perform a formal

evaluation of the probationary volunteer firefighter. The decision to terminate a volunteer

firefighter before the completion of the probationary period shall be at the sole discretion of the

Fire Chief or his designate. Upon the successful completion of the probationary period, the

person will acquire permanent status as a volunteer firefighter.

9.03 The Corporation may terminate the employment of a probationary firefighter at any time during

the probation period and such termination of employment shall not be subject to the complaint

provisions of this Agreement.

9.04 The probationary period shall be twelve (12) months and shall begin upon the successful

completion of the recruit training program and after receiving equipment and approval to

attend to emergency alarms. The Corporation shall not be required to remunerate persons that

participate in the recruit training program. Upon hiring, the probationary volunteer shall enroll

in the Ontario Fire Service Firefighter Curriculum program.

9.05 Permanent Status will be lost and the employment relationship will be terminated if a volunteer:

a. quits, resigns or retires;

b. is terminated by the Corporation;

c. fails to report to training or an emergency response, without permission, for a period of

thirty (30) days;


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d. fails to return to work after the expiration of an approved leave of absence;

e. is laid off for a period in excess of six (6) consecutive months;

f. move outside a safe and reasonable distance and as a result is unable to comply with Article

9.01 above.

ARTICLE 10 – HONOURARIUMS & RESPONSE REQUIREMENTS

10.01 Payment to all volunteers for service shall be in a form of an honourarium based on the

amounts as set forth in Appendix “A” and as more particularized in Article 10.02.

10.02 Payment to each individual volunteer shall be determined as follows:

a. Before the 15th of each month, following the month in which such honourarium is earned,

the Fire Chief or designate will submit the hours and rates for each firefighter to the Finance

Department for payout.

b. The monthly payout shall be forwarded to each volunteer by the Town, in accordance with

the direction given by the Penetanguishene Volunteer Firefighters Association (PVFA) on the

next pay date, as is established by the Town. Such payments to each individual shall be

subject to all statutory deductions and shall be by direct deposit.

c. The Town shall annually provide each volunteer with a T-4 showing the previous year’s

annual earnings, less any exemption permitted by the Income Tax Act.

10.03 The Penetanguishene Volunteer Firefighters Association (PVFA) may give written notice to

deduct a fixed dollar (dues) portion from the firefighter’s payout in each calendar year and such

deduction shall be directed to the PVFA, for its use. The Town will payout the year’s dues to the

PVFA in the first quarter of the year. Should a member of the PVFA not earn enough

honorarium or leaves the employment of the Town before the dues money is collected by the

Town the PVFA shall reimburse the Town all monies that are owed. Such authorization to

deduct Association dues shall be submitted to the Town in writing and the PFVA will verify in

writing that such direction has received majority support from its members.

10.04 Attendance at Fire Calls shall be paid at the “Fire Response Activities” rate as defined in

Appendix “A”. All hours spent at non-emergency duties authorized by the Fire Chief or

designate including training, public education and fire prevention shall be paid at the “Other

Wage” rate as defined in Appendix “A”.

10.05 Payment for hours to which the “Other” or “Fire Response Activities” rate applies, shall be paid

to each volunteer.

10.06 A Volunteer Firefighter will respond to an alarm when he or she is available to respond. Each

firefighter shall determine in his discretion when he/she is available to respond to an alarm,

subject to the requirements of Article 10.07.


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10.07 All volunteers must maintain a minimum attendance of fifty percent (50%) to all calls.

Attendance will be monitored on a quarterly basis. Failure to meet the attendance

requirements in two consecutive quarters, and any successive quarter thereafter, may result in

appropriate disciplinary action beginning with a written warning and proceeding to termination

as per the Corporation’s disciplinary policy.

10.08 Any volunteer firefighter leaving duty while at a fire emergency without authorization of the

Incident Commander shall be subject to disciplinary action. All volunteer firefighters shall

remain at the Fire Hall after an alarm until authorized to leave by the Officer in Charge, failing

which, the volunteer may be subject to disciplinary action.

ARTICLE 11 – HEALTH AND SAFETY

11.01 The Corporation and the Association agree to recognize the Joint Health and Safety Committee

and the right of this committee to represent the Volunteers in all matters dealing with Health

and Safety subject to the Occupational Health and Safety Act 1990 R.S.O. of Ontario and the

Regulations thereto.

11.02 At least one (1) representative from within the Penetanguishene Volunteer Firefighters

Association (PVFA) unit shall participate on the Committee. All time spent in Committee

meetings shall be paid at the “Other” rate as defined in Schedule “A”.

ARTICLE 12 – EMERGENCY CALL RESPONSE

12.01 Upon the request of a volunteer, the Fire Chief, or his designate, shall provide a written letter to

the volunteer’s regular full-time or part-time employer which will confirm for that employer that

the volunteer is a member of the Fire Department.

12.02 Where a member of the Penetanguishene Volunteer Firefighters Association (PVFA) unit is also

employed by the Corporation in a capacity not within the PVFA, that volunteer may request

permission from the Chief Administrative Officer to respond to fire calls during working hours.

In reviewing the request, the Chief Administrative Officer shall consult with the Fire Chief,

Department Head and/or Supervisor in relation to operational issues to be addressed. In

authorizing response to fire calls, the Chief Administrative Officer shall outline any conditions in

writing and provide to the employee, the Fire Chief, Department Head and Supervisor. The

Chief Administrative Officer shall maintain, and provide to each Department Head, a list of all

volunteer firefighters that hold concurrent employment with the Corporation.

ARTICLE 13 – FIRE PREVENTION AND PUBLIC EDUCATION

13.01 All volunteer firefighters shall annually provide a minimum of eight (8) hours of fire prevention

or public education activities, as approved by the Fire Chief or his designate.


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13.02 All volunteer firefighters shall be paid at the “Other” rate for all time worked at fire prevention

or public education activities, to the next hour, subject to a minimum of one (1) hour.

ARTICLE 14 – LEVEL OF SERVICE

14.01 The Corporation and the Association recognize and agree that service delivery and service

levels, including the number of volunteers necessary to provide such service delivery, will be

established by Town Council. In the event Town Council changes the level of service, or the

number of volunteers required, the Association may make a presentation to Human Resources

Committee in regard to such change in the delivery of emergency services prior to a final

decision being made by Council.

ARTICLE 15 – IMMUNIZATION

15.01 Volunteer firefighters are required to obtain, and to keep current their anti-viral injection(s) for

hepatitis ‘A’ and ‘B’. The Corporation will reimburse each volunteer for all out-of-pocket costs

associated with such injections.

ARTICLE 16 – MEDICAL FITNESS

16.01 All volunteer firefighters shall be required to complete a medical examination every two (2)

years to verify that they are able to meet the requirements to be a firefighter, paid for by the

Corporation.

16.02 All volunteer firefighters upon become sixty (60) years of age shall be required to complete a

yearly medical examination in order to verify that they are able to meet the requirements of

firefighting firefighter, paid for by the Corporation.

16.03 The Corporation reserves the right to appoint a medical practitioner to perform medical

examinations under 16.01 or 16.02 above or to have a third party review of medical

examinations provided by the volunteer’s own medical practitioner

ARTICLE 17– TRAINING

17.01 All volunteers are required to participate in the training program established by the Fire Chief.

Attendance will be monitored on a quarterly basis and failure to attend necessary training may

result in progressive discipline up to and including termination. Where a volunteer is unable

participate in training that is mandatory, the volunteer firefighter will make alternate

arrangements. If they cannot make alternate arrangements, the volunteer shall address the

matter with the Fire Chief or designate to acquire that training. It is agreed that each firefighter

will attend a minimum of forty (40) hours of training per year.


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17.02 The Corporation agrees to ensure that at least annually it will meet with volunteer firefighters

for the express purpose of seeking input into the training calendar that will be established by

the Fire Chief or designate.

17.03 Where volunteers are required by the Fire Chief to attend training which is necessary for

performing their duties for the Corporation and must result in the volunteer taking time off

from their regular employment, the volunteer will receive a per diem as defined in Appendix

“A”.

17.04 Fire Related Courses and Seminars will be provided for Association members by the Corporation

and the Fire Chief or designate shall be responsible for administering attendance at the courses

as defined in Appendix “A”.

17.05 All volunteers are required to maintain certification in those areas necessary to provide the level

of service of the Fire Department which presently include the following, subject to changes in

legislation or course certifying bodies course content amendments;

a. First Aid

b. Cardiopulmonary Resuscitation/Defibrillators

c. Pump Operators Certificate (if hired after January 1, 2012)

d. D license with ‘Z’ endorsement (if hired after January 1, 2012)

ARTICLE 18 – HEALTH & WELFARE

18.01 In order to protect the volunteers from the financial hazards of illness or injury, the Corporation

will pay 100% of the premiums for Volunteer Firefighters Insurance Service (VFIS) as outlined in

Appendix “A” with the principle amount equalling $250,000.00 (two-hundred-and-fifty-

thousand dollars) payable at the time of death, to the beneficiary of a volunteer who is killed on

duty or died of injuries received in the discharge of his or her duties. Such coverage will be

extended in addition to any other benefits in respect of such death as defined in Appendix “A”.

18.02 The Corporation shall provide to the volunteers an Employee and Family Assistance Program as

defined in Appendix “A”.

18.03 The Corporation agrees to set the amount of Workplace Safety and Insurance Board Coverage

(WSIB) at the maximum allowable rate as set by the Workplace Safety and Insurance Board. For

the purposes of determining eligibility, any volunteer responding to an emergency, or

participating in authorized training, or other authorized Fire Department activity shall be

considered to be at work, in the employ of the Corporation as defined in Appendix “A”.

18.04 The Association acknowledges that the Corporation is solely responsible for the payment and

timely remittance of benefit premiums. Any dispute regarding reimbursement or coverage is

between the volunteer and the insurance provider, and shall not be the subject of a complaint

between the Association and the Corporation.

18.05 The Corporation may at any time contract with a different carrier for any of the above benefits,

provided the benefits provided are equivalent to those provided by the previous carrier. The


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Corporation shall provide a minimum of 30 days notice of the change in carrier to the

Association.

ARTICLE 19 – REPLACEMENT OF DAMAGED PERSONAL PROPERTY AND APPAREL

19.01 The Corporation agrees to establish an annual allowance to be set aside for all members of the

Fire Department as contained in Appendix “A”. Claims for replacement of damaged personal

property and apparel shall be submitted to the Fire Chief or designate for approval prior to

payment. The Fire Chief or designate shall be responsible for the tracking of all claims to ensure

that the annual limit is not exceeded. The Fire Chief is authorized to review any and all claims in

the event the annual allowance is exceeded by claims for approval and payment on a case by

case basis.

ARTICLE 20 – INDEMNIFICATION

20.01 The Corporation shall indemnify volunteers and save them harmless for all suits for damages,

costs, charges, expenses, and proceedings where they suffer an allegation as a result of

something they did, failed to do in the performance of their duties, excluding wilful negligence

on the part of said volunteer.

ARTICLE 21 – CONFIDENTIALITY

21.01 It is understood that all Volunteer Firefighters sign and abide by the Corporation’s

confidentiality policy.

ARTICLE 22 – POLICE AND DRIVER’S LICENCE CHECKS

22.01 All volunteer Firefighters agree to a police and vulnerable sectors check annually or at the

discretion of the Town to verify that they are able to meet the requirements to be a Firefighter.

22.02 All volunteer Firefighters agree to submit to an annual or at the discretion of the Town; a

Driver’s Licence Abstract to ensure the Firefighter has a valid licence to operate Fire Department

apparatus.

22.03 Any cost associated with the checks shall be reimbursed by the Corporation.

22.04 All volunteer Firefighters agree to provide proof of insurance coverage for use of their own

vehicle when responding to fire calls and/or on other fire department related business, said

coverage to include a minimum of $1 million liability.


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ARTICLE 23 – DURATION

23.01 This Agreement shall come into force upon ratification of the agreement by both parties and

continue to be in effect until December 31, 2015 or for further periods of one (1) year, unless

notice is given by either party of their desire to delete, change, or amend any of the provisions

contained herein, within the period of ninety (90) days prior to the renewal date. Should

neither of the parties give such notice, this Agreement shall renew for a period of one (1) year.

IN WITNESS WHEREOF THE CORPORATION OF THE TOWN OF PENETANGUISHENE HAS HEREUNTO

AFFIXED ITS CORPORATE SEAL DULY ATTESTED TO BY THE SIGNATURES OF ITS PROPER SIGNING

OFFICERS AUTHORIZED IN THAT BEHALF THIS ______ DAY OF_________________________, 2012___.

SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF PENETANGUISHENE ) ) )_______________________________________________________ ) CHIEF ADMINISTRATIVE OFFICER

IN WITNESS WHEREOF THE PENETANGUISHENE VOLUNTEER FIREFIGHTERS ASSOCIATION HAS HEREUNTO APPLIED THE SIGNATURES OF ITS PROPER SIGNING OFFICERS AUTHORIZED IN THAT BEHALF THIS _______ DAY OF __________________________, 2012___. SIGNED, SEALED AND DELIVERED ) PENETANGUISHENE VOLUNTEER FIREFIGHTERS ASSOCIATION ) ) ) ______________________________________________________ ) BARGAINING COMMITTEE MEMBER ) ) )______________________________________________________ ) BARGAINING COMMITTEE MEMBER ) ) )______________________________________________________ ) PENETANGUISHENE VOLUNTEER FIREFIGHTERS ASSOCIATION ) PRESIDENT

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THE CORPORATION OF THE TOWN OF