Grand Bank Town Council

8/2/2019 Grand Bank Town Council

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COLLECTIVE AGREEMENT

between

THE TOWN OF GRAND BANK

and

The Newfoundland and Labrador Association of PublicAnd Private Employees

January 1, 2010 to December 31, 2012



TABLE OF CONTENTS

1 Preamble 12 Management Rights 13 Definit ions 14 Recognit ion 45 Union Security 66 Check-Off 67 Correspondence 78 Grievance Procedure 79 Arbitrat ion 10

10 Labour Management Committee 1111 State of Emergency Due to Wea ther Condit ions 1312 Probation, Discharge, Suspension and Discipl ine 1413 Seniority 1614 Promotions and Staff Changes 1815 Layoff and Recall 2016 Hours of Work 2117 Overt ime 2218 Holidays 2519 Annual Leave 2620 Sick Leave 2821 Leave of Absence 3022 Payment of Wages and Allowances 3523 Strikes and Lockouts 3724 Termination of Employment 3725 Group Insurance 3826 Technological Change 3827 Effect of Legislat ion 3928 Contracting Out 3929 Protective Clothing 4030 Amendment by Mutual Consent 4131 Travel on Employer's Business 4132 Salaries 4333 Job Security 4334 Duration 4335 Severance Pay 4436 Federal or Provincial Government Workplace Grants 45

Schedule "A" (Classif ication & Salary Rates) 46Letter of Understanding - Summer Hours 48Letter of Understanding - Federal and Provincial Projects 49Memorandum of Understanding - Registered Retirement Savings

Plans 50Memorandum of Agreement - Part icipation

in the Group Insurance Plan 51

Memorandum of Agreement - Interpretationof Overt ime and Callback 52

Job Descript ions 53



THIS AGREEMENT made this day of , AnnoDomini, Two Thousand and Ten;

BETWEEN:

THE TOWN OF GRAND BANK

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES, a body corporate organized and existingunder the laws of the Province of Newfoundland and having its registered

office in the City of St. John's aforesaid (hereinafter called the "Union");

of the other part;

THIS AGREEMENT WITNESSETH that for and in consideration of thepremises and covenants, conditions, stipulations, and provisos hereincontained, the parties hereto agree as follows:



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ARTICLE 1 PREAMBLE

1:01 The purpose of this Agreement is to maintain harmoniousand mutually beneficial relationships between the Employer,the employees and the Union, and to set forth certain termsand conditions of employment relating to remuneration,

hours of work, safety, employee benefits and generalworking conditions affecting employees covered by thisAgreement.

1:02 In the event that there is a confl ict between the context ofthis Agreement and any regulations or policies made by theEmployer, this Agreement shall take precedence over thesaid regulations or policies. Present regulationsnotwithstanding.

ARTICLE 2 MANAGEMENT RIGHTS

2:01 The Union recognizes and agrees that all the rights,powers, and authority both to operate and manage theCouncil under its control and to direct the working forces isvested exclusively with the Employer except as specificallyabridged or modified by the express provisions of thisAgreement.

Should a question arise as to the exercise of management'srights in confl ict with the specific provisions of thisAgreement, fai l ing agreement by the parties, the mattershall be determined by the Grievance and ArbitrationProcedures.

ARTICLE 3 DEFINITIONS

3:01 For the purpose of these conditions:

(a) "Classif ication" means the identif ication of a posit ionby reference to a class tit le and pay range number.

(b) "Council" is the Council of the Town of Grand Bank .

(c) "Day of rest" means a calendar day on which theemployee is on leave of absence.

(d) "Day" means a working day unless otherwise noted.



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(e) "Demotion" means an action, other thanreclassif ication, resulting from the correction of aclassif ication error, which causes the movement of anemployee from his/her existing classif ication, to aclassif ication carrying a lower pay range number.

(f) "Employee" or "employees" where used, is acollective term, except as otherwise provided herein,including all persons employed in the categories ofemployment contained in the Bargaining Unit.Whenever the masculine is used in this Agreement, i tshall refer equally to the feminine.

(g) "Employer" means the Town of Grand Bank asrepresented by Council.

(h) "Holiday" means the twenty-four (24) hour period

commencing at 12:01 a.m. of a calendar daydesignated as a holiday.

(i) "Layoff" means the termination of employment of anemployee because of lack of work or because of theabolit ion of a post but retains all r ights in accordancewith Article 13.

(j) "Leave of absence" means absence from duty withthe permission of the Employer.

(k) "Month of service" means a calendar month in whichan employee is in receipt of ful l salary or wages inrespect of the prescribed number of working hours ineach working day in the months and includes acalendar month in which an employee is absent onspecial leave.

(l) "Notice" means notice in writ ing which is handdelivered or sent by registered mail.

(m) "Overtime" means work performed by an employee inexcess of his/her scheduled work day or work week,if and only if his/her work day exceeds eight (8)hours per day or forty (40) hou rs per week.

(n) "Part-t ime employee" means a person who isregularly employed to work less than the full numberof working hours in each working day or less than thefull number of working days in each work week.



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(o) "Permanent employee" means a person who hascompleted his/her probationary period and isemployed on a full or part-t ime basis withoutreference to any specified date of termination ofservice.

(p) "Probationary employee" means a person who isemployed on a full or part-t ime basis but who hasworked less than the prescribed probationary period.

(q) "Probationary Period" means a period of six (6)months or 1040 regular hours from the date ofemployment, whichever is greater.

(r) "Promotion" means an action, other thanreclassif ication, resulting from the correction of aclassif ication error, which causes the movement of an

employee from his/her existing classif ication to aclassif ication giving a higher pay range number.

(s) "Reclassif ication" means any change in the currentclassif ication of an existing posit ion.

(t) "Schedule" means in writ ing and posted in accessibleplace to all employees.

(u) "Seasonal employee" means an employee whoseservices are of a seasonal and recurring nature andincludes employees who are subject to periodic-re-assignment in various posit ions because of thenature of their work.

(v) "Standby" means any period of t ime during which anemployee is required to be available for recall towork.

(w) "Temporary employee" means a person who isemployed for a specific period for the purpose ofperforming certain specified work and whoseemployment may be laid off at the end of such periodor on completion of such work but does not includeseasonal or probationary employees.

(x) "Week" means a period of seven (7) consecutive daysbeginning at 0001 hours Sunday morning and endingat 2400 hours on the following Saturday night.



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(y) "Year" means the period extending from the first dayof January in one year to the thirty-first day ofDecember in the same year.

(z) "Vacancy" means an opening which is eitherpermanent, part-t ime or a temporary nature for more

than four (4) weeks as outl ined in Artic le 14.

(aa) "Weekday" means any eight (8) hour working dayMonday through Saturday.

(bb) "Bargaining Unit" means all employees affected bythis contract and as per the Certif ication Orderpresented by the Labour Relations Board.

(cc) "Reasonable time" means within the working day ofthe office staff and when the aggrieved employee is

not working.

(dd) "Casual employee" means an employee who is hiredfor casual work, on an hourly or daily basis, and whomay be terminated after completing such work. Thecasual employee shall not gain seniority for recallr ights, however if rehired for casual employment,shall share in the work as equally as possible amongthe casual employees who are qualif ied to performthe available work.

ARTICLE 4 RECOGNITION

4:01 The Employer recognizes the Union as the sole andexclusive bargaining agent for all classes of employees aslisted in the Certif ication Order issued by the LabourRelations Board, and any class or posit ion as mutuallyagreed between the parties since the above-noted Orderwas issued and all employees whose place of employmentis other than the Council 's Office.

4:02 Any unresolved dispute on future inclusions or exclusions inthe Bargaining Unit wil l be referred by either party to theLabour Relations Board for adjudication.

4:03 Work of the Bargaining Unit

Persons who are not within the Bargaining Unit shall notwork on any jobs which are included in the Bargaining Unit.



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Subject to the right of Council to have delinquent taxpayerswork for the Town up to a maximu m of six (6) weeks.

4:04 No Other Agreements

No employee shall be required or permitted to make written

or verbal agreement with the Employer or his/herrepresentative which may confl ict with the terms of thisAgreement.

4:05 No Discrimination - Employer Shall Not Discriminate

The Employer agrees that there shall be no discriminationwith respect to employees of equal qualif ication in thematter of hir ing, wage rates, training, upgrading,promotions, transfer, layoff, recall, discipline, classif ication,discharge, assignmen t of work or for any other reason.

4:06 In the interest of maintaining a harmonious relationshipbetween the Council, i ts employees and the Union, bothparties to this Agreement recognize the value and rights ofShop Stewards and Local President. By investi gatingcomplaints of an urgent nature, investigating, preparing andpresenting grievances on behalf of employees, carrying outassigned safety committee responsibil i t ies, and attendingmanagement meetings when requested, it is hoped thatShop Stewards wil l encourage and protect a properEmployer/employee relationship in the work place.

4:07 Bulletin Boards

The Union shall have the right to post its notices upon theEmployer's bulletin board at the Town Garage. The use ofsuch bulletin board facil i t ies shall be restricted to thebusiness affairs of the Employer and the Union.

4:08 Union Access

(a) Employees shall have the right at any time to havethe assistance of a full t ime representative of theUnion on all matters relating to Employer/employeerelationships. Union representative(s) shall haveaccess to the Employer's premises in order to providethe required assistance. Employees involved in suchdiscussions or investigation of grievances shall notabsent themselves from work except with permissionfrom their Supervisor.



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(b) Permission to hold meetings on the premises shall ineach case be obtained from the Employer and suchmeetings shall not interfere with the operation of theEmployer.

ARTICLE 5 UNION SECURITY

5:01 Subject to Clause 4:03, all employees within the BargainingUnit shall become and remain members in good standing ofthe Union as a condition of employment. Any newemployees within the scope of the Bargaining Unit shall asa condition of employment become members in goodstanding at the commencement of their employment.

5:02 Upon employment an employee wil l be provided with

information concerning:

(a) duties and responsibil i t ies;

(b) starting salary and classif ication;

(c) terms and conditions of employment; and

where copies of the Collective Agreement have beenprovided to the Council by the Union, the employee wil lreceive a copy.

5:03 New employees hired wil l be provided with the name of theShop Steward(s). Where a Shop Steward is available, theemployee wil l be introduced to him/her as soon as possible.

5:04 Acquaint New Employees

The Employer agrees to acquaint new employees with thefact that a Union Agreement is in effect, and with theconditions of employment set out in the Articles dealingwith Union Security and Dues Checkoff.

ARTICLE 6 CHECK-OFF

6:01 The Employer shall deduct from the salary or wages of allemployees within the Bargaining Unit the amount ofmembership dues and forward same bi-weekly to the Unionaccompanied by a l ist of employees showing:



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(a) the contributions of each;

(b) the employee's full name and classif ication andsocial insurance number; and

(c) changes from previous l ist, e.g., additions, deletions,employee status, layoff, resigned, promoted outsidethe Bargaining Unit, etc.

6:02 The Employer agrees that when issuing T4 slips the amountof membership dues paid by an employee to the Unionduring the current year wil l be recorded on this T4statement.

6:03 The Union shall inform the Employer of the authorizeddeductions to be made.

ARTICLE 7 CORRESPONDENCE

7:01 All correspondence between the parties arising out of thisAgreement or incidental thereto, shall pass to and from theTown Manager and the President of the Union and a copy tothe Chief Shop Steward.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definit ion of Grievance

A grievance shall be defined as a dispute arising out of theinterpretation, application or alleged violation of theCollective Agreement.

8:02 Prompt Procedure

In order to provide an orderly and speedy procedure for thesettl ing of grievances, the Employer acknowledges therights and duties of the Union Stewards to assist anyemployee in preparing and presenting his/her grievance inaccordance with the Grievance Procedure.

8:03 Shop Stewards

The Employer acknowledges the right of the Union toappoint or elect one (1) Shop Steward plus the President.



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8:04 Names of Stewards

The Union shall notify the Employer in writ ing of the nameof each Steward before the Employer shall be required torecognize him/her.

8:05 Processing of Grievances

Shop Stewards shall suffer no loss in pay for the time spentprocessing grievances or attending meetings with theEmployer's representative.

8:06 Permission to Leave Work

It is agreed that Shop Stewards wil l not absent themselvesfrom their work location for the purpose of handling

grievances, without f irst obtaining permission of the ShopSteward's Supervisor.

8:07 Settl ing of Grievances

An earnest effort shall be made to settle grievances fair lyand promptly in the following manner:

Step 1

The aggrieved employee shall within three (3) working daysafter becoming aware of the occurrence of the grievance,together with his/her Shop Steward bring the grievance tothe attention of his/her Supervisor. Every reasonable effortshall be made to resolve the grievance at this step.

Step 2

Should Step 1 fail to satisfy the aggrieved employee thenhe/she has an additional f ive (5) days to submit thegrievance in writ ing clearly stating all and any Articlesbeing grieved to the Town Manager who shall within afurther f ive (5) days give his/her reply. An earnest effortshall be made by all parties to settle the grievance at Step2.

Step 3

Fail ing settlement being reached in Step 2, an employee orthe Union, within f ive (5) days may submit the grievance in



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writing to the Town Manager who, for the purpose ofinvestigating the grievance, shall form a Committeeconsisting of four (4) persons comprising an equal numberof Employer and Union representatives. The Union shallappoint its two (2) representatives to the Committee. One(1) of the Employer's representatives shall chair the

meeting(s).Step 4

Fail ing settlement being reached at Step 2 either party mayrefer the dispute to grievance mediation within ten (10)calendar days.

Step 5

Fail ing settlement being reached in Step 3 either party mayrefer the dispute to arbitration within ten (10) calendar

days.

8:08 Time Limits

Notwithstanding any other provisions of this Article, t imelimits f ixed by this Article shall be considered mandatory.Failure to meet same by the Union shall be fatal to thegrievance. If the Employer fails to meet the time l imits sofixed by the Article then the grievance shall be deemed tobe upheld and the redress sought implemented.

8:09 Policy Grievance

Where a dispute arises involving a question of generalapplication or interpretation of this Agreement the Unionmay init iate a grievance and shall commence as Step 2.

8:10 Union May Institute Grievance

The Union and its representatives shall have the right tooriginate a grievance on behalf of an employee or group ofemployees, and to seek adjustment with the Employer inthe manner provided in the Grievance Procedure. Such agrievance shall commence at Step 2.

8:11 Replies in Writ ing

Replies to grievances shall be in writ ing at all steps.

8:12 Facil i t ies for Grievance Meetings



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The Employer shall supply the necessary facil i t ies for thegrievance meeting provided it can be accommodated on theEmployer's premises.

8:13 Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreementmade in accordance with Clause 30:01 shall form part ofthis Collective Agreement and are subject to the Grievanceand Arbitration Procedures.

8:14 Technical Objections to Grievances

No grievance shall be defeated or denied by a technicalobjection by a clerical, typographical, or similar technicalerror, or by the inadvertent omission of a step in the

Grievance Procedure.

ARTICLE 9 ARBITRATION

9:01 Notif ication of Arbitration

When either party requests that a grievan ce be submitted toarbitration, the request shall be made by registered orcertif ied mail addressed to the other party of theAgreement. The request shall include a suggested name toact as sole Arbitrator in the dispute.

9:02 Failure to Agree

If the parties fail to agree on an acceptable arbitrator, theMinister of Employment and Labour Relations shall appointan Arbitrator upon the request of either party.

9:03 Arbitration

The Arbitrator shall determine his/her own procedure, butshall give full opportunity to all parties to present evidenceand make representations. In his/her attempts at justice,the Arbitrator shall, as much as possible, fol low a layman'sprocedure and shall avoid legalistic or formal procedures.He/she shall hear and determine the difference orallegation and render a decision within thirty (30) days fromthe time of appointment.



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9:04 Decision of the Arbitrator

The decision of the Arbitrator shall be final, binding andenforceable on all parties and may not be changed. TheArbitrator shall not have the power to change thisAgreement or to alter, modify or amend any of its

provisions. However, the Arbitrator shall have the power todispose of a grievance by any arrangement which he/shedeems just and equitable.

9:05 Disagreement on Decision

Should the parties disagree as to the meaning of theArbitrator's decision, either party may apply to theArbitrator to clarify the decision, which he/she shall dowithin ten (10) days.

9:06 Expenses of the Arbitrator

Each party shall pay:

One-half (1/2) of the fees and expenses of the Arbitrator.

9:07 Amending of Time Limits

The time l imits f ixed in both Grievance and ArbitrationProcedures may be extended by mutual agreement betweenthe parties.

9:08 Witnesses

At any stage of the Grievance or Arbitration Procedure theparties shall have the assistance of any employeeconcerned as witness and any other witness. Employeesappearing as witnesses shall be considered on paid leavewith no loss of wages or benefits.

9:09 Confl ict of Interest

No person(a) who has any pecuniary interest in the matters

referred to the Arbitration Board; or

(b) who is acting or has within a period of six (6) monthspreceding the date of his/her appointment acted inthe capacity of solicitor, legal advisor, counsel orpaid agent of either of the pa rties;

shall be appointed to act as Arbitrator.



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ARTICLE 10 LABOUR MANAGEMENT COMMITTEE

10:01 Establishment of Committee

A Labour Management Committee shall be establishedconsisting of two (2) representatives of the Union and two(2) representatives of the Employer. The numbers may bereduced by mutual agreement between the parties. TheEmployer shall be duly notif ied in writ ing as to the names ofthe, Union representatives selected.

10:02 Function of Committee

The Committee shall concern itself with the followinggeneral matters:

(a) promoting safety and sanitary practices;

(b) reviewing suggestions from employees, questions ofworking conditions and service (but not grievancesconcerned with service);

(c) other problems and matters of mutual interest whichaffect the relationship which are not properly thesubject matter of a grievance or negotiations.

10:03 Meetings of Committee

The Committee shall meet at least once every three (3)months at a mutually agreeable time and place. Themonthly meeting may be cancelled or rescheduled bymutual consent. Employees shall not suffer any loss of payfor t ime spent with this Committee.

10:04 Chairperson of the Mee ting

(a) The meetings of the Committee shall be chaired bythe Employer's representative and the Vice-Chairperson wil l be selected by the Union.

(b) The Chairperson shall rotate each meeting betweenEmployer and Union.

10:05 Minutes of Meeting



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Minutes of each meeting of the Committee shall beprepared and signed by the Chairperson and Vice-Chairperson as promptly as possible after the close of themeeting. The Chairperson and Vice-Chairperson shall eachreceive four (4) copies of the minutes within three (3) daysfollowing the meeting.

10:06 Jurisdiction of Committee

The Committee shall not supersede the activit ies of anyother Committee of the Union or of the Employer and doesnot have the power to bind either the Union or its membersor the Employer to any decision or conclusions reached inits discussions. The Committee shall have the power tomake recommendations to the Union and the Employer with

respect to its discussions and conclusions.

ARTICLE 11 STATE OF EMERGENCY DUE TO WEATHER CONDITIONS

11:01 Adverse Weather Conditions

(a) The following provisions shall apply to employeesduring adverse weather conditions necessitating astate of emergency declared by either the Employerof the appropriate provincial or municipal authority:

1. All employees are required to report to work.

2. When an employee, through no fault of his/herown, is unable to report to work because of adeclared state of emergency, except for snowclearing, such employees shall suffer no loss ofpay or other benefits, nor shall he/she berequired to make up, in any way, for t ime lostdue to not reporting for work.

3. Notwithstanding Clause 11:01 (a) (1) above,the Employer reserves the right to close down orreduce staffing levels in any department(s) inwhich event employees so affected wil l not berequired to report for duty and shall be paid inaccordance with their terms of Clause 11:01 (a)(2) above.



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4. For the purpose of this Article, the Employer isdefined as the Town Manager or his/herdesignated representative at the Grand BankTown Council.

11:02 If employee s are sent ho me by the Employer the y sha ll not be

required to compensate the Employer for such time lost.

ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION ANDDISCIPLINE

12:01 (a) Probationary period

The probationary period shall be six (6) months or1040 regular work hours, whichever is greater, for allemployees. It is agreed that the probationary period

for part-t ime and casual employees shall be equal inworking hours to that of a full t ime emplo yee.

(b) Discharge Procedure

The Employer has and has had the right to disciplineand discharge employees for just cause. However,any employee who is past the probationary periodand claims to have been unjustly disciplined,discharged or suspended shall have the right to beheard in accordance with the Grievance Procedureunder this Agreement. Any employee who isdisciplined, discharged or suspended shall beprovided with written notif ication within f ive (5) daysof the incident. Such written notif ication shall statethe reason for discipline, discharge or suspension.

(c) Termination of Probationary Employees

The termination of a probationary employee forreasons of unsuitabil i ty or incompetence as assessedby the Employer is not subject to the Grievance orArbitration Procedure.

12:02 Unjust Sus pension or Discha rge

Should it be found upon investigation through grievancethat an employee has been unjustly suspended ordischarged, the employee shall be immediately reinstated inhis/her former posit ion without loss of seniority and shall be



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compensated for all t ime lost in an amount equal to his/hernormal earnings during the pay period next proceeding suchdischarge or suspension, or by any other arrangement as tocompensation which is just and equitable in the opinion ofthe Employer, Union and the employee, or in the opinion ofan arbitrator, i f the matter is referred to an arbitrato r.

12:03 Warnings

Whenever the Employer deems it necessary to censure anemployee, in a manner indicating that dismissal may followany further infractions or may follow if such employee failsto bring his/her work up to a required standard by a givendate, the Employer shall, within f ive (5) days of theincident, give written particulars of such censure to theemployee involved.

12:04 Adverse Report

The Employer shall notify an employee in writ ing of anydissatisfaction concerning his/her work within f ive (5)working days of the Employer's becoming aware of theevent of the complaint. This notif ication shall includeparticulars of work performance which led to suchdissatisfaction. If this procedure is not fol lowed, suchexpression of dissatisfaction shall not become a part ofhis/her record for use against him/her at any time. Theemployee's written reply to such notif ication ofdissatisfaction shall become part of his/her record. Anyreprimand or warning given in writ ing and becoming part ofan employee's personal f i le shall be removed and destroyedafter eighteen (18) months have elapsed. (It is not theintention of this section to require an immediate check ofeach employee's f i le and the removal of suchcorrespondence, but as fi les are checked for variousreasons, any such reprimands, warnings, etc., wil l beremoved as agreed to under this Article. An employee whohas been granted access to his/her f i le and comes uponsuch a document has the right to require the Employer tohave it removed.)

12:05 Personal Files

There shall be one (1) off icial personal f i le, which shallcontain all adverse reports and records of disciplinaryaction, and this f i le shall be maintained in the CouncilOffice. An employee shall, at any reasonable time, be



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allowed to inspect his/her personal f i le, and shall beaccompanied by a representative of the Employer and maybe accompanied by a representative of the Union, if he sodesires.

12:06 May Omit Grievance Steps

An employee considered by the Union to be wrongly orunjustly discharged or suspended or subject to disciplinaryaction, shall be entit led to a hearing under Article 8,Grievance Procedure. Such grievance shall commence atStep 3 of the Grievance Procedure.

ARTICLE 13 SENIORITY

13:01 Seniority Defined

(a) Seniority is defined as the length of service inaccumulated hours of work (regular hours) with theEmployer and shall date from the original date ofhire. Where a person has been justly dischargedand/or where an employee has been laid off for aperiod in excess of twenty-four (24) months, thenseniority would date only from the most recent hir ing.Seniority shall operate on a Bargaining Unit widebasis and be updated on an semi-annual basis.

Casual Employees

(b) (i) Notwithstanding Clause 13:01 (a), casualemployees shall not accrue seniority, except inthe case where they subsequently qualify foremployment in a full t ime or seasonal posit ion,at which time their seniority shall date back tothe original date of hire.

(i i) Notwithstanding Clause 13:01 (a), casualemployees shall accrue seniority on a day today basis for any periods of employment in atemporary posit ion, subject to Clauses13:01 (a),13:01 (b) and 13:04.

(i i i) Notwithstanding Clause 13:01 (a), c asualemployees shall be entit led to holiday pay inaccordance with the Collective Agreement.



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( iv) Casual employees shall have no other benefitsrelated to their employment except as providedin this Article.

13:02 Seniority List

The Employer shall maintain a seniority l ist showing thedate upon which each employee's service with the Employercommenced. An up-to-date seniority l ist shall be sent to theUnion and delivered to each employee in January and Julyof each year.

If the seniority l ist is deemed to be incorrect by the Unionor an employee, the Employer must be so informed, inwrit ing, within thirty (30) calendar days of the posting of thelist. Otherwise, the list, as prepared, is in effect for a six(6) month period.

13:03 Probation fo r Newly Hired Emplo yees

Employees hired after the signing of this Agreement shallbe on a probationary basis in compliance with Clause 12:01of this Agreement. Subject to Clause 13:01 (b) during theirprobationary period such employees shall be entit led to allbenefits and rights of this Agreement except clothingbenefits which wil l come into effect upon completion of theprobationary period.

Employees who are rehired by the employer within atwenty-four (24) month period who did not complete theirprobationary period when previously employed, shall havethat t ime credited to them in the completion of theirprobationary period.

13:04 Loss of Seniority

An employee shall lose his/her seniority only in the eventthat;

(a) he/she is discharged for just cause and is not re-instated by an Arbitrator or under the GrievanceProcedure;

(b) he/she resigns or retires and is not re-emplo yedwithin three (3) working days.



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(c) he/she is absent from work in excess of three (3)working days without the approval of the TownManager or without sufficient cause;

(d) he/she fails to return to work within f ive (5) workingdays following a layoff and after being notif ied byregistered or hand delivered mail to do so, exceptwhen such failure is caused by sickness verif ied by a

doctor's certif icate or by other just cause. It shall bethe responsibil i ty of the employee to keep the TownManager or his/her designate informed, in writ ing, ofhis/her current address. An emplo yee who isrecalled for casual work or employment at a t imewhen he/she has employment which wil l continue fora greater duration than the recall period shall notlose his/her recall r ights for refusal or fai lure toreturn to work with the Employer for the duration ofthe recall period. Upon receipt of notice of recall, theemployee shall, within one (1) working day, notify the

Town Manager whether or not he/she wil l return towork;

(e) he/she is laid off or on leave without pay for a periodlonger than twenty-four (24) months.

13:05 (a) Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a posit ionoutside the Bargaining Unit without his/her consent.

An employee permanently transferred outside theBargaining Unit shall lose all seniority in theBargaining Unit.

(b) Notwithstanding Clause 13:05 (a), employees on atemporary transfer wil l continue to accumulateseniority while on such an assignment.

ARTICLE 14 PROMOTIONS AND STAFF CHANGES

14:01 Job Postings

When a vacancy occurs or a new position is created insidethe Bargaining Unit, the Employer shall post a notice of theposition in accessible places in the Employer's premises fora period of not less than seven (7) calendar days. Copies



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of all postings may be supplied concurrently to the ChiefShop Steward.

14:02 Information on Posting

For vacancies or new positions inside the bargaining unit

such notices shall contain the following information: t i t le ofposit ion, qualif ications, required knowledge and education,skil ls, wage or salary rate or range, and whether shift workcould be involved. Such qualif ications may not beestablished in an arbitrary or discriminatory manner. All jobpostings shall state "This posit ion is open to male andfemale applicants".

14:03 Procedure for f i l l ing va cancies

(a) No posit ion wil l be fi l led from outside the Bargaining

Unit unti l the applications of present employees havebeen fully processed.(b) Employees shall be notif ied in writ ing why their

applications for a posit ion have been denied.

14:04 Role of Seniority in Promotions and Transfers

Both parties recognize:

(a) the principle of promotion within the service of theEmployer;

(b) that job opportunity should increase in proportion tolength of service;

(c) that the qualif ications set by the Employer wil ldetermine the posit ion.

Therefore, when a vacancy occurs in an establishedposition within the Bargaining Unit, or when a new positionis created within the Bargaining Unit, employees who applyfor the posit ion or promotion or transfer shall be givenpreference on a seniority basis for f i l l ing such vacancy,provided that the applicant's qualif ications meet therequired standards for the new position as advertised in the

job posting.

14:05 Trial Period



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The successful applicant shall assume his/her new dutieson a tr ial basis for three (3) months. The Employer shallconfirm the employee's appointment after the tr ial period ofthree (3) months, unless the Employer deems theemployee's service applicant proves unsatisfactory in theposition during the tr ial period, or if the employee is unable

to perform the duties of the new job classif ication, he/sheshall be returned to his/her former posit ion, wage or salaryrate, if not redundant, and if redundant, then to acomparable posit ion, wage or salary rate of his/her formerposition, and without loss of seniority if such a comparableposition is available. Likewise, any other employeepromoted or transferred because of the successfulapplicant's promotion shall be returned to his/her former orto a comparable posit ion, wage or salary rate, without lossof seniority, i f such a comparable posit ion is available.

14:06 Notif ication of Successful Applicant

Within seven (7) working days of the date of appointment toa vacant posit ion, the name of the successful applicantshall be sent to each applicant with a copy to the LocalPresident.

14:07 Handicapped Worker Provision

An employee who has become incapacitated by injury ori l lness wil l be employed in other work which he/she is ableto perform, provided that a suitable posit ion is availableand the applicable rate for the new position wil l apply.Such an employee shall not displace an employee withmore seniority.

14:08 Disabled Employee's Preference

An employee who has been incapacitated at his/her work byinjury or compensational occupation disablement, and isunable to perform his/her regular duties, wil l be employedin other work which he/she is able to satisfactori ly perform,provided that a suitable posit ion is available and theapplicable rate for the new position wil l apply. Su ch anemployee shall not displace an employee with moreseniority.

14:09 Older W orker Provision

An employee who, through advancing years or temporarydisablement, is unable to perform his/her regular duties,



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will be employed in some work which he/she can do,provided that the employee's age does not exceed sixty-five(65) years, and provided also that a suitable posit ion isavailable and the applicable rate for the new position wil lapply. Such an employee shall not displace an employeewith more seniority.

ARTICLE 15 LAYOFF AND RECALL

15:01 Role of Seniority in Layof fs

Both parties recognize that job security shall increase inproportion to length of service. Therefore, in the event of alayoff, employees shall be laid off in reverse order of theirseniority, provided that those employees being retained arequalif ied to perform the work required. In such event, a laid

off employee shall have the right to bump a junioremployee.

15:02 Recall Procedure

Employees shall be recalled in order of seniority providedthat those employees being recalled are qualif ied toperform the work required.

15:03 No New Employees

No new employees shall be hired unti l those laid off havebeen given an opportunity of recall, provided that thoserecalled are qualif ied to perform the work required.

15:04 Advance Notice of Layoff

Except where legislation is more favourable to anemployee, the Employer shall notify ful l t ime employeeswho are to be laid off no less than thirty (30) calendar daysprior to effective date of layoff. All other classes ofemployees shall be given fourteen (14) calendar days'notice prior to effective date of layoff. If, through no faultof his/her own, the employee has not had an opportunity towork the days of notice as provided in the Clause, he/sheshall be paid wages or salary, exclusive of overtime, thathe/she would have earned during the notice period.



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ARTICLE 16 HOURS OF WORK

16:01 The s cheduled work we ek sh all b e forty (40) hou rs per week,Monday through Saturday, and the scheduled work dayshall be eight (8) consecutive hours per day, 8:00 a.m. to5:00 p.m., exclusive of a one (1) hour meal break.

16:02 Summer hours shall be scheduled over a three (3) monthperiod from the second Monday in June to the thirdSaturday in September of each year. All outside workersshall work from 8:00 a.m. to 4:30 p.m., exclusive of a one(1) hour meal break. For t ime worked in excess of thesummer work week outl ined in the above paragraph,payment wil l be made in accordance with the overtime ratesset out in Article 17.

16:03 Employees shall be permitted two (2) f i f teen (15) minute rest

periods per shift.

16:04 The days of rest fo r employees s hall be in accordance with currentpractice.

16:05 Between the period of January 1 s t and March 31s t, theEmployer may elect to implement a shift system for theEquipment Operators, for the purpose of ice and snowcontrol only, providing the following conditions are met:

(i) During the period in which a shift is implemented,employees wil l be paid a shift premium of seventycents (.70¢) per hour in addition to their regular rateof pay for all hours worked outside the normal workday (8:00 a.m. - 5:00 p.m.), provided overtime ratesdo not apply.

16:06 There shall be no split shifts.

ARTICLE 17 OVERTIME

17:01 Definit ion of Overtime

(a) Full t ime Employee

All t ime worked by a full t ime employee before orafter his/her regularly scheduled daily or weeklyhours shall be considered overtime.



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(b) Part-t ime Employee

All t ime worked by a part-t ime employee in excess ofeight (8) hours per day or forty (40) hours per weekshall be considered overtime.

(c) Approval of Overtime

All overtime is subject to the prior approval of theTown Manager or his/her representative designatedfor the place of work where the overtime is to beworked.

17:02 Normal Overtime Rate

(a) The normal overtime rate shall be either pay, or t imeoff, at the rate of t ime and one half (1/2).

(b) Instead of cash payment of overtime, an employeemay choose to receive time off at the appropriateovertime rate at a date to be mutually agreedbetween the employee and the Town Manager orhis/her designated representative. The employee'sdecision to receive time off must be conveyed to theTown Manager or his/her designated representativewithin seventy-two (72) hours of the conclusion of theovertime.

17:03 (a) Meal Periods

An employee recalled to work during his/her mealperiod shall be paid double time (2) for all t imeworked during the meal period, to a maximum of two(2) hours of pay.

(b) For the purpose of this Agreement, recall shall bedefined as recall once you have left your place ofwork.

(c) Notwithstanding Clause 17:03, employees who arerequired to work straight through his/her meal period,wil l be paid the rate of t ime and one half (1½) his/herregular rate of pay for all t ime worked during themeal period.



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(d) Where possible, the Employer wil l provide at leasttwelve (12) hours notice when an employee isrequired to work his or her meal period.

17:04 Sharing of Overtime

(a) Overtime and callback shall be divided equally amongemployees in the same classif ication who arequalif ied to perform the available work. Overtimeshall not be refused except when mutually agreed bythe Employer and employees.

(b) Employees who refuse to work overtime by mutu alagreement wil l be charged with the hours refused forthe purposes of equalization of overtime.

(c) Employees who refuse overtime due to medical

reasons wil l not be charged with the overtime hoursrefused for the purposes of equalization of overtime.

(d) The overtime average wil l be calculated at the end ofeach year.

(e) Hours of overtime worked by bargaining unitemployees shall be made available, upon request,provided that sufficient notice is given.

17:05 Callback

An employee who is called back to work outside his/hernormal working hours shall be paid a minimum of three (3)hours at the applicable overtime rate.

17:06 No Layoff to Compensate for Overtime

A full t ime employee shall not be laid off during regularhours to equalize any overtime worked.

17:07 Calculating of Ove rtime Rates

An employee who is absent on approved time off duringhis/her scheduled work week because of sickness,bereavement, holidays, vacation or other approved leave ofabsence for which the employee is receiving pay shall, forthe purpose of computing overtime pay, be considered as ifhe/she had worked during his/her regular hours during suchabsence.



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17:08 Overtime on an Employee’s Day Off

An employee who is required to work on Sunday shall bepaid double time (2) for all hours worked.

17:09 Standby

(a) An employee required to perform standby duty shallbe paid three dollars ($3.00) per hour for each hourhe/she is required to be ava ilable for recall to work.

(b) No compensation shall be granted for the total periodof standby duty if the employee does not report forwork when required.

(c) On call duty shall be equally divided among the

qualif ied employees.

(d) All standby shall be scheduled and posted inaccessible places in the workplace.

(e) Employees shall not have the right to refuse standbyand/or callback, unless mutually agreed betweenEmployer and employee.

17:10 The Employer has the right to d eploy the Assistant Sup erintendentfor a forty (40) hour week Monday through Sundayinclusive. Overtime shall be paid thereafter at theapplicable overtime rate. Furthermore, unless otherwisemutually agreed upon, the Assistant Superintendent shallwork alternate weekends.

17:11 Employees who are required to work in l ive sewers shallreceive one-half (½) his/her regular rate of pay in additionto any other applicable pay for all hours of work. Aminimum of one hour (1) shall be paid for sewer work. Forthe purpose of this Article, l ive sewer is defined as pumpingsewers, snaking sewer l ines, cleaning and repairing brokensewer l ines and cleaning out manholes.

ARTICLE 18 HOLIDAYS

18:01 Paid Holidays



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Employees shall receive one (1) day paid leave for each ofthe sixteen (16) holidays as follows:

(a) New Year's Day(b) St. Patrick's Day(c) Good Friday

(d) St. George's Day(e) Commonwealth Day(f) Discovery Day(g) Memorial Day(h) Orangeman's Day(i) Civic Holiday(j) Labour Day(k) Thanksgiving Day(l) Armistice Day(m) All of Christmas Eve provided work for the day is

completed and only if Christmas Eve falls on a

regular work day.(n) Christmas Day(o) Boxing Day(p) All of New Year's Eve provided work for the day is

completed and only if New Year's Eve falls on aregular work day.

And any other day designated as a holiday by the ProvincialGovernment.

18:02 (a) Compensation for Holidays Fall ing on Scheduled Days Off

When any of the aforementioned paid holidays fall onthe employee's scheduled day off, the employer shalladd one (1) day to the employee's annual leave forthat year.

(b) Compensation for Work on Paid Holidays

If an employee is required to work on a paid holidayas l isted in Clause 18:01, he/she shall be paid timeand one-half (1½) for each hour worked, in additionto the regular pay he/she is entit led to under Clause18:01.

18:03 Paid Ho liday During L eave

If an employee is sick on the day that the paid holiday isdesignated, the employee shall be charged for the paid



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holiday and there shall be no reduction from the employee'ssick leave.

ARTICLE 19 ANNUAL LEAVE

19:01 Vacation pa y wil l be paid to each employee hired af ter December31,1988 in accordance with the scale hereto.

1. Less than one (1) year - 4%2. One (1) to nine (9) years - 6%

* 3. Ten (10) to twenty (20) years - 8% (4 weeks)* 4. Over twenty (20) years - 10% (5 weeks)

When an employee becomes eligible for a greater amountof annual leave he/she may be allowed in the year in whichthe change occurs, a portion of the additional leave for

which he/she has become eligible based on the ratio of theunexpired portion of the year to twelve (12) months,computed to full working days.

Part-t ime employees working more than fifty percent (50%)of the scheduled weekly hours of work shall be entit led toannual leave in accordance with this Article on a pro ratabasis.

19:02 For the purpo se of this Article, an e mployee who is paid full salaryor wages in respect of not less than one-half (1/2) of thedays in the first or last calendar month of his/her serviceshall in each case be deemed to have had a month ofservice.

19:03 Annual leave shall not b e taken e xcept with the prior approval of theTown Manager. However, subject to the operationalrequirements of the Town Council, the Town Manager shallmake every reasonable effort to grant the employee his/herannual leave at a t ime requested by the employee.

19:04 Subject to the requirements of the T own Council, the Town Managerwil l make every reasonable effort not to recall an employeeto duty after he/she has proceeded on annual leave.

19:05 (a) An employee may carry forward for one year, a maximum ofhis/her annual leave entit lement not taken by him/herin the previous year. If he/she does not take annualleave in the year then he/she may be paid theseholidays not taken. It is understood that the



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employee's annual leave schedule is subject toapproval from the Employer.

(b) Not withstanding 19.05 (a), the Employer agrees thatconsideration wil l be given to allowing employees tocarry forward more than the aforementioned

maximum where such employees make a request, inwriting, to Council, subject to Council ’s approval.

Employees who have been permitted, in the past, tocarry forward more than the maximum, shall continueto do so, however, must request, in writ ing, toCouncil to carry forward any further accumulation,subject to Council ’s approval.

19:06 (a) An employee who becomes i l l while on annual leave maychange the status of his/her leave to sick leave

effective the date of notif ication to the Employer uponcertif ication by a medical doctor.

(b) In the case of an employee who is admitted tohospital while on annual leave, he/she may changethe status of his/her leave to sick leave with effectfrom the date he/she was admitted to hospital.

19:07 For the purpo se of this Article, emp loyees who are re-e mployed bythe Employer after layoff or termination of less than twenty-four (24) months, except in the case of dismissal, may haveservice prior to layoff or termination credited to them forannual leave purposes.

ARTICLE 20 SICK LEAVE

20:01 Sick Leave Defined

(a) Sick leave means a period of t ime that an employeehas been permitted to be absent from work withoutloss of pay by virtue of being sick, disabled,quarantined, or because of an accident for whichcompensation is not payable under the Workers'Compensation Act.

(b) To qualify for paid sick leave an employee mustadvise his/her Supervisor of his/her inabil i ty to reportfor work at least one-half (½) hour before the start of



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the next regular shift. This provision would not applyin a case where the nature of the ailment makes itimpossible for the employee or his/her spouse toreport to the Supervisor. Failure to advise theEmployer, the employee wil l be considered absentwithout pay.

20:02 Paid Sick Leave

An employee is eligible to accumulate sick leave with fullpay at the rate of two (2) days for each month of service fora total of two hundred (200) days for each employee.

20:03 Deduction from S ick Leave

A deduction shall be made from accumulated sick leave ofall scheduled working days absent for sick leave.

20:04 Proof of I l lness

Before receiving sick leave with full pay, an employee maybe required by the Employer to produce a medicalcertif icate for an i l lness in excess of three (3) consecutiveworking days, certifying that he/she is unable to carry outhis/her duties due to i l lness. Notwithstanding the above,the Employer may require a medical certif icate for anyperiod of i l lness.

20:05 Sick Leave During Leave of Absence or Layoff

When an employee is given paid vacation or special paidleave of absence, or when he/she is absent from work, andreceiving Workers' Compensation, he/she shall receive onhis/her return to work sick leave credit for the period ofsuch absence. When an employee is laid off on account oflack of work for a period of less than twenty-four (24)months and returns to work upon expiration of such layoff,he/she shall not receive sick leave credits for the period ofsuch absence, but shall retain his/her accumulative credit,i f any, existing at the time of such la yoff.

20:06 Extension of Sick Leave

(a) An employee with more than two (2) years of servicewho has exhausted his/her sick leave credits may beallowed, in the event of i l lness in excess of f i fteen(15) days, an extension of his/her sick leave to a



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maximum of f i fteen (15) working days. This sic kleave extension shall be repaid by the employee uponhis/her return to duty with the Employer from his/herexisting or his/her after acquired normal monthlyaccumulation of sick leave.

(b) When an employee has used the maximum of sickleave which may be awarded to him/her inaccordance with this Agreement, he/she may elect, i fhe/she is sti l l unfit to return to duty, to proceed onannual leave, including current and accumulatedleave, if he/she is eligible to receive such leave andif not, on special leave without pay. Medicalcertif icates shall be submitted as required by theEmployer.

(c) Employees on sick leave without pay in accordance

with this Article shall continue to accumulateseniority except where they would have beenotherwise laid off.

20:07 Sick L eave Records

In January of each year the Employer, upon request of theemployee, shall advise each employee of the amount ofsick leave accrued to his/her credit and the number of daysof sick leave taken by him up to and including the previous31st day of December.

20:08 Sick Leave During Special Leave W ithout Pay

An employee on special leave without pay in excess oftwenty (20) days in total in the calendar year, shall notaccumulate sick leave during such period of special leavewithout pay.

20:09 Sick Leave Credits f or the Last Month of Employment

For the purpose of this Article, an employee who receivedfull salary or wages in respect of f i fty percent (50%) ormore of the working days in the first or last calendar monthof his/her service computed in full or one half days, shall bedeemed to have a month of service.

20:10 Employees hired prior to January 1, 19 89 wil l be eligible upontermination for any reason pay equal to the value of unusedsick leave accumulated up to December 31, 1988. (Refer to



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Schedule "C", Article 35:02 and the attached Letter ofUnderstanding re Payment of unused sick leave for furtherdetails of the Collective Agreement dated January 1, 1989to December 31, 1990).

ARTICLE 21 LEAVE OF ABSENCE

21:01 Negotiation Pay Provision

Representatives of the Union not to exceed two (2)employees shall not suffer any loss of pay or benefits whenrequired to leave their employment temporari ly in order tocarry on or to take part in negotiation meetings between theUnion and the Employer. Notwithstand ing the above, theschedule of such meetings shall be mutually agreed upon.

21:02 Grievance and Arbitration Pa y provision

Representatives of the Union shall not suffer any loss ofpay or benefits when required to leave their employmenttemporari ly in connection with the Grievance or ArbitrationProcedure.

21:03 Leave of Absence f or Union Business

(a) Upon written request by the Union to the TownManager, leave of absence with pay and without lossof benefits shall be granted by the Town Manager toemployees elected or appointed to represent theUnion at Union functions, including the functionslisted in paragraph (b) hereof, up to a l imit of a totalof f ive (5) working days per year accumulated for theentire Bargaining Unit. On reasonable notice to theTown Manager, an additional ten ( 10) days shall begranted without pay and without loss of seniority, i fthe above number of days proves to be insufficientfor such Union functions. Leave of absence withoutpay shall be granted to the Executive and/or ShopSteward to attend Executive and Committee Meetingsof the Union, its aff i l iated or chartered bo dies.

(b) Union functions shall include the biennial conventionof the Newfoundland Association of PublicEmployees, the Component Convention of theNewfoundland Association of Public Employees, theConvention of the Newfoundland and Labrador



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Federation of Labour, the Convention of theCanadian Labour Congress, the National Union ofProvincial Employees and Educational Seminarssponsored in whole or in part by the Union, meetingsof the Provincial Executive and the Provincial Boardof Directors.

(c) Additional leave without pay for the purpose ofattending to Association business may be granted bythe Town Manager, if requested and on reasonablenotice.

21:04 Leave of Absence for Full Time Union Representati ves

An employee who is selected or elected for a full t imeposition with the Union or any body with which the Union isaffi l iated shall be granted leave of absence without loss of

seniority or accrued benefits for a period of one (1) year.Such leave shall be renewed each year, on request, duringhis/her term of off ice.

21:05 Paid Bereavement Leave

An employee shall be entit led to bereavement leave withpay, as follows:

* (a) In the case of the death of an employee's mother,father, brother, sister, child, stepchild, spouse,common-law spouse, legal guardian, grandmother,grandfather, mother-in-law, father-in-law, grandchildor near relative l iving in the same household, three(3) consecutive days. In the case of the death of anemployee's aunt, uncle, sister-in-law, brother-in-law,daughter-in-law, son-in-law, one (1) day with pay.

(b) If the death of a relative referred to in Clause 21:05(a) and to which three (3) days has been allottedoccurs outside the Province of Newfoundland andLabrador, the employee shall be granted leave withpay not exceeding four (4) days for the purpose ofattending the funeral. Such days not to be inaddition to those allotted in Clause 21:05 (a).

(c) In cases where extraordinary circumstances prevail,the Town Manager may grant two (2) additional daysother than those referred to in Clause 21:05 (a) and(b).



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21:06 Maternity/Adoption/Parental Leave

(a) An employee may requestmaternity/adoption/parental leave without pay whichmay commence prior to the expected date of delivery

and the employee shall be granted such leave inaccordance with this Article.

(b) An employee is entit led to a maximum of f i fty-two(52) weeks’ leave under this Clause. However, theEmployer may grant special leave without pay whenthe employee is unable to return to duty after theexpiration of this leave.

(c) An employee may return to duty after giving his/herTown Manager two (2) weeks’ notice of his/her

intention to do so.

(d) The employee shall resume his/her former posit ionand salary upon return from leave, with no loss ofaccrued benefits.

(e) Periods of leave under this Article shall count forseverance pay and seniority.

(f) Employees on leave under this Article wil l have theoption of continuing to pay their portion of the GroupInsurance Plan Premiums. Where the employee optsto continue to pay premiums, the employee wil l payboth shares.

(g) I l lness Associated with Pregnancy

An employee may be awarded sick leave for i l lnessthat is the result of or may be associated withpregnancy if credits are available.

(h) An employee on leave under this Article may returnto work after giving two (2) weeks’ notice of his/her intention to return.

(i) While on leave under this Article, employees mayrequest copies of job postings to be forwarded tothem.

(j) Maternity/Adoption/Parental leave shall be defined asa period where an employee can demonstrate he/she



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requires leave related to the birth of a child or theadoption of a child.

21:07 Paid Ju ry or Court W itness

The Employer shall grant leave of absence without loss of

pay, seniority, or accumulated benefits to an employee whoserves as juror or witness in any Court. The employee wil lpresent proof of service that he/she attended as a juror orwitness. Any remuneration the employee received from theCourt wil l be deducted from his/her pay and benefits fromthe Employer.

21:08 Education Leave

An employee who is upgrading his/her employmentqualif ications through an Employer approved upgrading

course shall be entit led to leave of absence without loss ofpay and benefits to write examinations required by suchcourse.

21:09 General Leave

With the approval of the Employer, an employee may begranted leave of absence without pay and without loss ofseniority in exceptional circumstances, provided that theemployee has no current or accumulated annual leaveavailable to him/her.

21:10 Family Leave

(a) Subject to Clause 21:11 (b), (c) and (d), an employeewho is required to:

(i) attend to the temporary care of a sick familymember l iving in the same household;

(i i) attend to the needs relating to the birth of anemployee's child;

(i i i) accompany a dependant family member l iving inthe same household on a dental or medicalappointment;

(iv) attend meetings with school authorit ies;



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(v) attend to the needs relating to the adoption of achild; and

(vi) attend to the needs related to home or familyemergencies;

shall be awarded up to three (3) days paid familyleave in any calendar year.

(b) In order to qualify for family leave, the employeeshall:

( i) provide as much notice to the Employer asreasonably possible;

(i i) provide to the Employer valid reasons why suchleave is required; and

(i i i) where appropriate, and in particular with respectto (i i i), ( iv) and (v) of Clause 21:11 (a) haveendeavoured to a reasonable extent to schedulesuch events during off duty hours.

(c) Employees shall not be permitted to change anyother leave to family leave, but shall be entit led tochange family leave to bereavement leave or sickleave.

(d) A temporary employee shall only be granted familyleave if he/she reports to work following a recall andsubsequently qualif ies for family leave during thatperiod for which he/she was recalled.

21.11 Compassionate Leave

(a) Employees are entit led to compassionate carebenefits under this Article to provide care or supportto an i l l family member who needs care or supportand is at signif icant r isk of death within twenty-six(26) weeks.

(b) An employee is entit led to a maximum of eight (8)weeks leave under this Clause.

(c) An employee may return to duty after giving his/herEmployer two (2) weeks’ notice of his/her intention todo so.



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(d) The employee shall resume his/her former posit ionand salary upon return from leave with no loss ofaccrued benefits.

(e) Periods of leave under this Clause shall count for

seniority, and shall not be considered a break inservice for the purpose of severance pay.

(f) For the purpose of this Clause, a family member shallbe defined as:

(i) your child or the child of your spouse orcommon-law partner;

(i i) your wife/husband or common law partner;

(i i i) your father/mother;

(iv) your father’s wife/mother’s husband;

(v) the common-law partner of your father/mother.

(g) For the purpose of this Clause, common -law partnermeans a person who has been l iving in a conjugalrelationship with that person for at lea st a year.

(h) An employee may request compassionate care leave,without pay, to provide care or support to a gravely i l lfamily member with a signif icant r isk of death withintwenty six (26) weeks.

(i) Employees on leave under this Clause who are partof the Group Insurance Plan, may be permitted tocontinue to pay premiums on a one hundred percent(100%) basis.

ARTICLE 22 PAYMENT OF WAGES AND ALLOWANCES

22:01 Availabil i ty of Salary Cheques

It is agreed that the Employer shall continue to pay salariesevery week. Overtime pay wil l be included in the regularpay cheque for the pay period next succeeding the payperiod during which the overtime was earned. On each payday each employee shall be provided with an itemized



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statement of his/her wages, overtime and other payrolldeductions.

22:02 Pay on Temporary Transfers, Highe r Rated Job

(a) An employee required to f i l l temporari ly a posit ion for

which is paid a higher rate of salary than that paid forthe employee's regular agreed work shall receive therate of pay for the posit ion fi l led. This wil l apply onlyto the extent that the employee fi l ls this posit ion forany period.

(b) An employee required to f i l l a posit ion for which ispaid a lower rate of salary than that paid for suchemployee's regular work shall not receive anyreduction in pay for reason thereof.

22:03 Vacation Pay

An employee with more than one (1) year of service or anemployee who has earned at least two (2) weeks vacation,upon giving at least two (2) weeks notice prior to the payday preceding the office day on which he/she wishes toreceive his/her advance payment, shall receive prior tocommencement of his/her annual vacation any regular paycheque(s) which may fall due during his/her vacation.

22:04 Transportation

(a) When, in the course of his/her duty, an employee isrequired by the Employer to travel on the Employer'sbusiness, transportation shall be provided by theEmployer or the Employer may require the use of theemployee's own vehicle with reimbursement at therate of twenty-nine cents (29¢) per ki lometer. Thisrate may be adjusted with Council 's travel policy; butat no time should the rate drop below twenty-ninecents (29¢) per ki lometer. An employee shall not,except with the prior written approval of the TownManager, be entit led to reimbursement fortransportation from his/her residence to his/her workplace or vice versa. Employees have the right torefuse to uti l ize their own vehicles for the Employer'sbusiness.

(b) Payment for the use of private vehicles on theEmployer's business shall be l imited to the mileage



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rate specified herein. The Employer assumes noliabil i ty for damage or other expenses arising as aresult of the use of private vehicles.

(c) No employee shall be entit led to transportation fromhis/her place of residence to his/her place of

employment or vice versa in the Employer's vehicle.

ARTICLE 23 STRIKES AND LOCKOUTS

23:01 The Union a grees that during the l i fe of this A greement there shallbe no strikes. The Employer agrees that there shall be nolockouts during the term of this Agreement.

ARTICLE 24 TERMINATION OF EMPLOYMENT

24:01 Except in the case of dismissal for just ca use, thirty (30) calendardays notice, in writ ing, shall be given to permanentemployees and fourteen (14) calendar days' notice, inwrit ing, shall be given to part-t ime, temporary, andseasonal employees whose services are to be terminatedprovided that such employees are not hired for a specifiedtime period. If such notice is not given, the employee shallbe paid for the number of days which the period of noticewas reduced.

24:02 Permanent emp loyees shal l give the Town Manager thirty (30) da ys'written notice. All other classes of employees, exceptcasuals, shall give the Town Manager fourteen (14)calendar days' written notice of intention to terminateemployment. If such notice is not given, the employee shallhave deducted from any monies owed to him/her thenumber of days by which the period of notice was reduced.

24:03 Annual leave shall not be used as any part of the period of thestipulated notices referred to in this Article unless mutuallyagreed between the parties hereto.

24:04 The period of notice ma y be reduced or elimina ted b y mutua lagreement.

24:05 Upon termination of service an emp loyee sha ll receive pay for allearned and accrued annual leave, not taken by him/herprior to the date of termination of his/her services provided,



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however, that any indebtedness to the Employer shall bededucted from such payment.

ARTICLE 25 GROUP INSURANCE

25:01 The Employer sha ll continue to pro vide a Group Insurance Plan

acceptable to the Union.

(a) The Employer wil l pay fifty percent (50%) of thepremiums of the Group Insurance Plan.

(b) When an employee is on extended leave without paythen the employee may pay the full premium in orderto maintain coverage while on such leave.

(c) A summary of the general provisions and benefits ofthe Plan is to be distributed to all employees and a

copy is to be forwarded to the Union .

ARTICLE 26 TECHNOLOGICAL CHANGE

26:01 Advance Notice

Before the introduction of any technological change or newmethod of operation which wil l affect the rights and benefitsof an employee as provided for under this CollectiveAgreement, the Town Council wil l notify the Union of theproposed change.

26:02 Consultation

Meetings wil l be arranged between the Town Council andthe Union within twenty-one (21) days of the Council 'snotif ication to the Union for the purpose of consulting onthe effect to result from the change or to discuss trainingneeds.

26:03 Training Benefits

In the event that the Town Council should introduce newmethods or machines which require new or greater skil lsthan those possessed by employees who are employed inthe operation being changed, and where such employeeswould otherwise be laid off, then training shall be providedfor employees affected. A reasonable period of t imedetermined by the Council shall be allowed for employees



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taking such training. Where required, leave for suchtraining shall be with pay, less any other allowancesprovided for such training by Council or other programs.

26:04 (a) Where an affected employee elects not to avail of trainingas provided for under Clause 26:03, the Council

agrees that, where possible, the effect on theemployee of changes contemplated by Clause 26:01wil l be minimized by transfer or re-assignment withinthe employ of the Council.

(b) An employee transferred or re-assigne d inaccordance with (a) above, wil l have not suffered anyreduction in his/her regular salary, unless suchemployee has refused or fai led training without givingreasons acceptable to the Council, to avail of trainingin accordance with Clause 26:03.

26:05 No New Employees

No new employee(s) wil l be hired by the Council to replaceany employee(s) affected by the technological change ornew method of operation unti l the employee(s) alreadyemployed, and affected by the change have been notif iedand allowed an opportunity to retrain in accordance withClause 26:03.

26:06 Notwithstanding any of the above, it is agreed that where a nemployee elects not to avail of training opportunit ies underClause 26:03 or where it is not possible to transfer or re-assign the employee within the employ of the Councilbecause of the non-existence of available posit ions, theemployee wil l be terminated, and notice wil l be served inaccordance with Article 24 - Termination of Employment.

ARTICLE 27 EFFECT OF LEGISLATION

27:01 All provisions of this Agreement a re subject to applicab le laws nowor hereafter in effect. If any law now existing or hereafterenacted or proclamation or regulation shall invalidate anyportion of this Agreement, the entire Agreement shall not beinvalidated and the existing rights, privi leges andobligations of the parties shall remain in existence, andeither party, upon notice to the other, may re-open thepertinent parts of the Agreement so that the portion thusinvalidated may be amended as required by law.



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ARTICLE 28 CONTRACTING OUT

28:01 The Employer shall not contract out Bargaining Unit work except inthe following cases:

(a) in the case of an emergency;

(b) or in the case where no qualif ied employees areavailable to carry out a particular task;

(c) or where no Bargaining Unit employee would benegatively affected by contracting out. No employeewould be laid off or have his/her hours of workreduced as a result of contracting out. Laid offemployees would have the first option to return to

work before contracting out would be permitted, ifhe/she is qualif ied to perform the task.

(d) This Article wil l not apply to Capital Works Projects.

28:02 It is agreed th at snow clea ring and no rmal Town maintena nce wil l bedone by the Town employees and wil l not be contracted out.

28:03 The only t ime that sn ow clearing equipment wil l be hired is in theevent that the work load or operations cannot be handled bythe Town employees.

ARTICLE 29 PROTECTIVE CLOTHING

29:01 The Town shall furnish, on loan and replace without charge,the following tools and protective clothing by January 1st ofthe applicable year:

Minimum Time PeriodItem for Replacement

(a) Rubber Boots & RubberOil Clothes 3 years/6240 hours

(b) Work Boots 2 years/4160 hours

(c) 2 piece snowsuit 4 seasons/2560 hours

(d) 2 pairs rubber gloves &



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8 pairs work gloves 1 year/2080 hours

(e) 1 pair summer coveralls1 pair winter coveralls(Uti l i ty persons - 2 pairs) 1 year/2080 hours

(These may be replaced at any time if deemednecessary by the Employer upon inspection)

(f) Safety wear as deemed necessary by SafetyCommittee.

(g) Tools and equipment as deemed necessary byemployees.

29:02 Item "c" above applies only to employees that areemployed from December 1 s t through March 30 th.

Effective December 1, 2004, item (c) shall be amended to:a 2 piece snowsuit or a one piece snowsuit every 4seasons and must surrender old suit before replacement.

29:03 Replacement shall be only upon surrender of theunserviceable items, within the period indicated and at thediscretion of the Town Manager.

29:04 All clothing and tools issued shall be plainly marked toindicate the wearer/user is a Town employee and anyemployee shall be required as a condition of employmentto wear issued coveralls.

29:05 The Council shall provide lockers for the storage of allissued tools and clothing as well as pe rsonal items.

29:06 All employees shall sign for all issued tools and clothingand be responsible for replacement if they are lost ordamaged as a result of wilful misconduct or negligence.

ARTICLE 30 AMENDMENT BY MUTUAL CONSENT

30:01 It is agreed by the parties to this Agreement that anyprovision in this Agreement, other than the duration of theAgreement, may be amended in writ ing by mutual consentand such amendment(s) shall form part of this Agreement.



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ARTICLE 31 TRAVEL ON EMPLOYER'S BUSINESS

31:01 For each full day on travel status, the maximum rateallowable for meals, inclusive of taxes and gratuit ies shallbe as follows:

Fifty dollars ($50) per day:

Breakfast - ten dollars ($10.00)Lunch - f i fteen dollars ($15.00)Dinner - twenty-five dollars ($25.00)

31:02 For travel on the Employer's business for less than one (1)day, the appropriate meal allowance shall apply.

31:03 (a) When an employee has been in consecutive overnighttravel status, charges for laundry and valet services

(not including dry cleaning) are reimbursable up tothe maximum amounts shown in the followingschedule:

No. of Consecutive Maximum AllowableNights on Travel Status Claim

1 - 4 Nil5 - 8 $ 3.509 - 15 $ 7.50

16 - 22 $10.50

For each additional 7 nights $ 3.50

(b) Receipts are required for claims submitted inaccordance with this Clause.

31:04 When an employee has been on overnight travel status fora period of three (3) consecutive days, he/she shall bereimbursed for the cost of one personal long distance call,not longer than ten (10) minutes at the person-to-personrate for each such period on travel status. The charge forthis telephone call may be included on the hotel bil l or ifthe employee calls collect the subsequent telephone bil lshowing the appropriate charge shall be submitted with thetravel claim.

31:05 An employee required to travel on the Employer's businessshall be deemed to be working for the Employer. Theemployee wil l be compensated for all travel t ime outside of



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his/her normal working hours, if directed by his/heremployer but at no time wil l the employee be compensatedfor periods of rest outside of normal working hours.

ARTICLE 32 SALARIES

32:01 * As per Schedule “A”.

ARTICLE 33 JOB SECURITY

33:01 In the event the Town Council, the taxpayers or anyrepresentative of the Employer agrees that the municipalityof Grand Bank is to be placed under the jurisdiction ofsome other municipality, i t is agreed that prior to any finalarrangements being made the Employer wil l attempt to

negotiate a guarantee that employment of the members ofthe Bargaining Unit wil l continue with the new Town orCouncil.

33:02 The Employer agrees that the hiring of casual employeesshall not be used to displace or reduce the number of ful lt ime employees or seasonal employees required by theTown to carry out its normal operations in the Community.

The Employer shall provide assurances that Council wil lmaintain the current ful l t ime permanent and seasonalposit ions throughout the l i fe of this Agreement.

It is further agreed that where there is a shortage ofregular work for bargaining unit employees, they mayreplace any casual employee who may be employed by theTown, where there is at least one-half (½) hour of workavailable.

ARTICLE 34 DURATION

34:01 * This Agreement shall be effective from January 1, 2010and shall remain in full force and effect unti l December 31,2012.

34:02 Notice to Negotiate

Either party may give notice to terminate or amend theAgreement not more than one hundred and twenty (120)



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calendar days and not less than thirty (30) calendar daysprior to the date of expiration.

34:03 Notice of Changes

Either party desiring to propose changes to this Agreement

shall within thirty (30) calendar days following receipt ofnotice under Clause 34:02 give notice in writ ing to theother party of the changes proposed. Within thirty (30)calendar days of receipt of such proposed changes by oneparty, the other party is required to enter into negotiationsfor a new Agreement.

ARTICLE 35 SEVERANCE PAY

35:01 * (a) When an employee, having seniority of f ive (5) years

or more, resigns, dies, is laid off for more thantwenty-four (24) months, Council shall pay suchemployee or his/her beneficiary a retirementallowance equivalent to f ive (5) days pay for each fullyear of seniority, but not exceeding sixty (60) days’pay to a maximum of $10,000. Pay for such purposeshall be calculated at the employee's rate of pay atthe time of his/her resignation, retirement or deathand shall be paid in a lump sum, less any applicablemandatory deductions.

(b) When calculating retirement allowance entit lement foran employee who has at least f ive (5) years seniority,retirement allowance for less than a full year shall beon a pro-rated basis (example: 1/2 year equals 2 1/2days pay).

(c) If an employee applies for retirement allowance dueto i l lness or accident, the Employer may require theemployee to undergo a medical examination by adoctor chosen through mutual consent between theEmployer and the employee.

(d) For the purpose of this Article, employees onapproved paid leave of absence shall continue toaccumulate seniority.

(e) At the option of the employee, the retirementallowance may be taken either in the form ofretirement leave or through a lump sum payment



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upon retirement, or can be deferred up to a twelve(12) month period following termination ofemployment.

(f) Termination of employment to exclude dismissal for just cause.

(g) The above Clause shall apply to all employees.

(h) For the purpose of this Article all current employeeshired before January 1, 1989, are considered to havebegun accumulating service as of January 1, 1989.

ARTICLE 36 FEDERAL OR PROVINCIAL GOVERNMENT WORKPLACEGRANTS

36:01 (a) Persons whose jobs are not in the Bargaining Unitshall not work on any jobs which are included in theBargaining Unit except for the purpose of instruction,experimenting, emergencies or when regularemployees are not available or when employees onlayoff are not available for recall and provided thatthe performing of the aforementioned operations initself does not reduce the hours of work or pay of anyemployee.

(b) Notwithstanding Clause 36:01 (a), the parties agreethat no employee shall suffer a reduction in the hoursof work, pay, or benefits as a result of workperformed by individuals working as: (1) volunteers;(2) working under the scope of Provincial or Federalfunded grants or projects; (3) working on projectsfunded by charitable organizations; and (4) workingas on-the-job trainees from a totally publicly fundedinstitution. Additionally, the Employer agreed that noemployee who is on layoff status wil l lose work, payor benefits.

(c) Notwithstanding Clause 36:01 (a) and (b), the partiesagree that employees who are on layoff status, wil lbe offered employment on such approved grants.While employed on such grants, the employees wil lreceive the applicable rates of pay as prescribed inthe Project. The employees shall gain seniority andall other benefits of the Collective Agreement during



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these periods with the exception of accumulatingannual or sick leave credits.



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SCHEDULE "A"

CLASSIFICATION Present January2010 January

2011 January2012

Flag Person $10.56 $10.77 $10.98 $11.20 Labourer (Step I) 15.76 16.07 16.39 16.72

(Step II) 16.00 16.64 17.38 18.08 (Step II I) 16.16 16.81 17.56 18.26 (Step IV) 16.83 17.67 18.46 19.20

Heavy EquipmentOperator (Step I) 17.20 17.88 18.69 19.44 Heavy EquipmentOperator (Step II) 18.57 19.31 20.18 20.99

Carpenter/Plumber/Maintenance - Fifty cents (50¢) an hour above theincumbent’s regular rate.

Employees fi l l ing the role of Working Foreman shall receive two dollars($2.00) an hour in addition to their regular rate of pay.

A step progression to be implemented as per the following:

1. Labourer Step I Casuals

Step II New employees

Step III Completion of probationary period with thefollowing experience: road repairs andupgrading, painting, Carpenter’s helper andfence repairs (as per job description).

Step IV Water and sewer maintenance, including tap-ins, truck driving and road salt ing (as per jobdescription).



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2. Employee wil l advance from Step I to Step II after 12 months or2080 hours doing the specific work in the classif ication of HeavyEquipment Operator.

3. Employees going from one Classif ication to another wil l be paid the

Step 1 rate of the higher Classif ication unless the employee has theexperience or t ime accumulated to go to Step II.



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LETTER OF UNDERSTANDING

SUMMER HOURS

It is agreed and understood that employees may be required to workovertime during the Summer Hour Schedule, for emergency purposesonly. In the event that an emergency should occur, the employer wil l notbe required to pay the employee for the first half hour of overtimebecause the employee would be required to work this t ime during normalwork hours.

SIGNED on behalf of the SIGNED on behalf of theNewfoundland and Labrador Town of Grand BankAssociation of Public and PrivateEmployees



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LETTER OF UNDERSTANDING

FEDERAL AND PROVINCIAL PROJECTS

Whereas, the undersigned are parties to a Collective Agreement dated the

1

s t

day of January, 2010 and expiring on the 31

s t

day of December, 2012.

Whereas, Council will ensure the Town’s two (2) seasonal employees willreceive a minimum of fourteen (14) weeks of employment per annum up toand including the expiry of the current Collective Agreement to December31, 2012.

Whereas, Article 36 of the Collective Agreement provides, subject tocertain restrictions, for the hiring of the Town of non-bargaining unitpersons to work on Federally and Provincially funded projects from time totime.

Whereas, Human Resources Development Canada (HRDC), HumanResources and Employment (HRE), other Federal GovernmentDepartments or Agencies, and the Provincial Government requires writtenconfirmation from the Union that the hiring of non-bargaining unitemployees for each and every project conforms with the CollectiveAgreement.

The parties hereby confirm to Human Resources Development Canada(HRDC), Human Resources and Employment (HRE), other FederalGovernment Departments or Agencies, and the Province of Newfoundlandand Labrador that subject to the terms of the said Article 36, the Uniondoes not object to the employment by the Town of persons to work on anyand all such projects up to and including the expiry of the said CollectiveAgreement on December 31, 2012 and it is understood that suchemployees wil l not be members of the Bargaining Unit nor subject to theterms of the Collective Agreement.

For information purposes only, employees wil l be advised in writ ing whenprojects have been approved.




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MEMORANDUM OF AGREEMENT

Registered Retirement Savings Plans

The Employer wil l pay into a Registered Retirement Savings Plan thefollowing amounts per week for each permanent full t ime and seasonalemployee, providing the employee participates fully to match theEmployer’s contribution each month:

Effective January 1, 2010 - f i fteen dollars ($15.00)

Effective January 1, 2011 - eighteen do llars ($18.00)

Effective January 1, 2012 - twenty dollars ($20.00)

Should an employee, while in the employ of the Town, withdraw from theRegistered Retirement Savings Plan program or opt out of the program,the Town wil l immediately terminate their contribution to the program forthat particular employee and wil l not resume their contribution any time inthe future.

This agreement wil l be reviewed on an annual basis. Amounts and abil i tyto continue the Plan wil l be determined by Council each year.




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PARTICIPATION IN THE GROUP INSURANCE PLAN

Both the Employer and the Union agree that all future employees wil l , asa condition of employment, be expected to participate in Council 's GroupInsurance Plan. New Employees must join the Group Insurance Plan atthe earl iest possible date after starting work.

This aspect of the "Memorandum of Agreement" shall only apply to fullt ime and permanent part-t ime employees.




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RE: INTERPRETATION OF OVERTIME AND CALLBACK- APPLICATION OF 17:04 AND 17:10 (E)

It is agreed that in Article 17:04 the second sentence applies to overtimebut not callback. Overtime situations where an employee cannot refuseexcept for medical reasons, wil l be overtime as an extension of a shift orovertime which is previously scheduled.

Overtime as a result of a callback can involve refusal for personal reasonsexcept where the employee is on scheduled standby as per Article 17:10(d).




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JOB DESCRIPTION

HEAVY EQUIPMENT OPERATOR

Responsible For:

1. Operate heavy equipment and trucks for the Town of Grand Bankwork including:

(a) snow clearing;(b) road maintenance;(c) water and sewer maintenance;(d) any other application designated by the Town (ie. Town

Beautif ication).

2. Responsible for checking and reporting on all heavy equipment.Daily check and maintain proper f luid levels, inspect belts, t ires,hoses, glass, l ights, radio and all other aspects of the equipment.Servicing and minor repairs to equipment.

3. Reporting to the uti l i ty person and his supervisor all repair s andmaintenance beyond his abil i ty.

4. General labour work and any other duties that may be assigned bythe supervisor from time to t ime.

FOR THE EMPLOYER FOR THE UNION

DATE



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JOB DESCRIPTION

LABOURER

Responsible For:

1. General Labour Work as assigned including:

(a) water and sewer maintenance; including tap -ins;(b) road repairs and upgrading;(c) painting;(d) truck driving including road salt ing;(e) carpenter’s helper; (f) fence repairs;(g) garbage collection;(h) responsible for the inspection and maintaining of proper

fluid levels, belts, t ires, glass, hoses, etc. of vehicleswhich he may be assigned to operate.

- any other duties assigned b y the supervisor from time to t ime.

2. Be completely familiar with the Town’s Water/Sewer and GarbageRegulations.


DATE



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JOB DESCRIPTION

MAINTENANCE WORKER

Responsible For:

• Repairs and maintenance of all the Town’s equipment and vehicleswithin his abil i ty;

• Maintain pumphouse equipment;

• Maintain work records on all the Town’s equipment and vehicles;

• Maintain, order and record use of stock as directed by thesupervisor;

• Minor repairs and maintenance to Recreation and Fire Departmentequipment;

• Truck driving;

• Organization and maintenance of the Town Garage and all of i tscontents;

• General labour work and any other duties assigned by thesupervisor from time to t ime.


DATE



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IN WITNESS WHEREOF the parties hereto have executed this Agreementthis day of , 2010.

SIGNED on behalf of the To wnof Grand Bank by its membersin the presence of the witnesshereto subscribing.

Witness

SIGNED on behalf of the Newfoundlandand Labrador Association of Public andPrivate Employees by its proper officersin the presence of the witness heretosubscribing.

Witness



Documents

Grand Bank Town Council